`

Summary of Public Comments and 

Responses for Greenhouse Gas 

Reporting Rule:

2013 Revisions to the Greenhouse Gas Reporting Rule 

and Confidentiality Determinations for New or 

Substantially Revised Data Elements 
`

November 2013

Response to Public Comments on the 2013 Revisions 

to the Greenhouse Gas Reporting Rule and 

Confidentiality Determinations for New or 

Substantially Revised Data Elements 

U. S. Environmental Protection Agency

Office of Atmospheric Programs

Climate Change Division

Washington, D.C.
v

FOREWORD

This document provides EPA’s responses to public comments on the 2013 Revisions to the 

Greenhouse Gas Reporting Rule and Confidentiality Determinations for New or Substantially

Revised Data Elements. The EPA published a Notice of Proposed Rulemaking in the Federal 

Register on April 2, 2013 (78 FR 19802). 

The proposed amendments are designed to clarify the data reporting requirements for certain 

facilities; correct ambiguities or minor inconsistencies in greenhouse gas monitoring, calculation, 

and reporting requirements; amend monitoring and quality assurance methods to provide 

flexibility for certain facilities; and make other corrections identified as a result of working with 

the affected sources during rule implementation and outreach. In conjunction with this action, we 

proposed confidentiality determinations for the new and substantially revised (i.e., requiring 

additional or different data to be reported) data elements. The notice also included proposed 

amendments to Table A-1 of subpart A to Part 98 to revise the values for the global warming 

potential (GWP) of some greenhouse gases (GHGs) and adding some GHGs (with associated 

GWP values) that are not currently included in the table. The proposed GWP values were from 

the Intergovernmental Panel for Climate Change (IPCC) Fourth Assessment Report (AR4) and 

EPA assessments of data supporting GWP estimates for certain GHGs identified since Reporting 

Rule promulgation. 

During the 45-day public comment period, EPA received over 2,400 comment letters in response 

to the April 2, 2013 proposal. The majority of these comments were received from a mass 

comment campaign. EPA also received nearly 80 unique letters from industry representatives 

and associations, environmental organizations, and municipalities. This document provides 

EPA’s responses to the significant public comments regarding these proposals. EPA received 

two comments and sets of materials from industry representatives following the close of the 

comment period. Although the EPA is not required to respond to these comments, to the extent 

practicable the EPA has responded to the late comments and our responses to such comments are 

also presented in this document. The verbatim text of each comment extracted from the original 

comment letters is included in this document, arranged by subject. For each comment, the name 

and affiliation of the commenter, the document control number (DCN) assigned to the comment 

letter, and the number of the comment excerpt are provided. Where possible, EPA separated 

comments on specific topics into their respective data categories. However, in some cases, 

commenters made broad statements about the proposed amendments to Part 98 or general 

comments on the approach that could not be easily separated by topic or data category without 

potentially affecting the intended meaning of the commenter’s statements. In such cases, we 

either repeated the comment excerpt in its entirety in each of the relevant sections of this 

document or referred the reader to the response to another similar comment. 

EPA’s responses to comments are generally provided immediately following each comment 

excerpt. In some cases, EPA provided responses to specific comments or groups of similar 

comments in the preamble to the final rulemaking. Rather than repeating those responses in this 

document, EPA has referenced the preamble to the final rule. In some cases, a commenter 

incorporated by reference the comments of another company or organization. Rather than repeat 

these comment excerpts for each commenter, EPA has listed the comment excerpt only once 

under the name of the person, company or organization who submitted the comment and 
vi

included a list of commenters who indicated their support for that comment in a footnote. Copies 

of all comment letters submitted are available at the EPA Docket Center Public Reading Room 

or electronically through http://www.regulations.gov by searching Docket Id. No. EPA-HQOAR-2012-0934.
vii

The primary contact regarding questions or comments on this document is:

Carole Cook (202) 343-9263

U.S. Environmental Protection Agency

Office of Atmospheric Programs

Climate Change Division

Mail Code 6207-J

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

For technical information, contact the Greenhouse Gas Reporting Rule Hotline at: 

http://www.epa.gov/climatechange/emissions/ghgrule_contactus.html.
1

TABLE OF CONTENTS

Section Page

FOREWORD ..................................................................................................................... v

TABLE OF CONTENTS.................................................................................................. 1

1.0 Comments on EPA's Legal Authority and Administrative Procedures ......... 10

1.1 Comments on EPA administrative procedures.............................................................10

1.2 Comments on legal authority for the revisions.............................................................15

2.0 Amendments to Table A-1 ................................................................................... 20

2.1 Comments on the revision of the GHGRP to complement the U.S. Inventory and 

relationship to the UNFCCC...........................................................................................20

2.2 Comments on use of the IPCC AR4 to update Table A-1 and proposed revised 

GWPs ................................................................................................................................25

2.3 Comments on inclusion of new GWPs from the scientific literature ..........................39

2.4 EPA’s analysis of the additional F-GHGs and GWPs from the scientific literature 

(including additional data or analysis submitted to support GWPS during the public 

comment period) ..............................................................................................................43

2.5 Relationship to other EPA Programs (e.g., Tailoring Rule and PSD programs) or 

state programs..................................................................................................................45

2.6 Comments on applicability and new reporters.............................................................69

2.7 Comments on EPA’s proposal to recalculate emissions from 2010, 2011, and 2012 

reporting years.................................................................................................................75

2.8 Other comments on proposed revisions to Table A-1.................................................111

3.0 Other Revisions to the General Provisions ......................................................121

3.1 Revisions to General Provisions reporting requirements (e.g., ORIS code, 

latitude/longitude)..........................................................................................................121

3.2 Clarification to extension for submittal of revised reports........................................128

3.3 Revisions to General Provisions definitions ................................................................130

3.4 Comments on Rule issues not proposed.......................................................................132

4.0 Revisions to Subpart C.......................................................................................133

4.1 Revision to expand use of Tier 1 in Subpart C............................................................133

4.2 Revisions to Table C-1...................................................................................................134

4.3 Revisions to Table C-2...................................................................................................142

4.4 Revision to MSW default biogenic fraction.................................................................150

4.5 Other comments on proposed Subpart C Technical Corrections.............................156
2

5.0 Revisions to Subpart E.......................................................................................156

6.0 Revisions to Subpart H ......................................................................................156

6.1 Revisions to reporting requirements............................................................................156

7.0 Revisions to Subpart K ......................................................................................157

8.0 Revisions to Subpart L.......................................................................................157

8.1 Revisions to reporting requirements for RY2013.......................................................157

9.0 Revisions to Subpart N.......................................................................................158

10.0 Revisions to Subpart O ......................................................................................158

11.0 Revisions to Subpart P.......................................................................................158

11.1 Revisions to term definitions in Equations P-1, P-2, and P-3 ....................................158

11.2 Revisions to fuel and feedstock analysis requirements...............................................159

11.3 Revisions to reporting requirements............................................................................160

11.4 Other comments on proposed subpart P Technical Corrections ..............................160

12.0 Revisions to Subpart S .......................................................................................161

13.0 Revisions to Subpart Q ......................................................................................161

13.1 Revisions to calculation methods..................................................................................161

14.0 Revisions to Subpart V.......................................................................................162

15.0 Revisions to Subpart X.......................................................................................162

15.1 Revisions to calculation methods..................................................................................162

15.2 Revisions to monitoring requirements.........................................................................164

15.3 Revisions to missing data requirements.......................................................................165

15.4 Other comments on proposed subpart X Technical Corrections..............................165

15.5 Comments on Rule issues not proposed.......................................................................166

16.0 Revisions to Subpart Y.......................................................................................166

16.1 Revisions to calculation methods..................................................................................166

16.2 Other comments on proposed subpart Y Technical Corrections..............................168

17.0 Revisions to Subpart Z.......................................................................................169

17.1 Revisions to reporting requirements............................................................................169

18.0 Revisions to Subpart AA....................................................................................170

18.1 Revisions to Table AA-1 or AA-2 .................................................................................170
3

18.2 Revisions to reporting requirements, annual pulp and/or paper production..........171

18.3 Comments on Rule issues not proposed.......................................................................173

19.0 Revisions to Subpart BB ....................................................................................174

20.0 Revisions to Subpart DD....................................................................................174

20.1 Revisions to accuracy and precision requirements for weighing cylinders..............174

21.0 Revisions to Subpart FF.....................................................................................174

22.0 Revisions to Subpart HH ...................................................................................174

22.1 Revisions to calculation methods in Equation HH-1 ..................................................174

22.2 Revisions to monitoring requirements.........................................................................176

22.3 Revisions to oxidation fraction in Equations HH-5 through HH-8...........................179

22.4 Revisions to other calculations methods in Equations HH-6 through HH-8............192

22.5 Other comments on proposed subpart HH Technical Corrections...........................194

22.6 Comments on Rule issues not proposed.......................................................................195

23.0 Revisions to Subpart II ......................................................................................210

24.0 Revisions to Subpart LL ....................................................................................210

25.0 Revisions to Subpart MM..................................................................................210

25.1 Revisions to calculation methods..................................................................................210

25.2 Revisions to equipment calibration requirements......................................................211

25.3 Revisions to reporting requirements............................................................................211

25.4 Definitions: NGL and bulk NGL..................................................................................214

25.5 Revisions to Table MM-1 ..............................................................................................215

25.6 Other comments on proposed subpart MM Technical Corrections.........................216

25.7 Comments on Rule issues not proposed related to reporting and recordkeeping 

requirements...................................................................................................................217

26.0 Revisions to Subpart NN....................................................................................218

26.1 Revisions to definition of LDC......................................................................................218

26.2 Revisions to Equations NN-5 and NN-6.......................................................................219

26.3 Revisions to reporting requirements for large customer meters...............................219

26.4 Revisions to reporting requirements............................................................................221

26.5 Revisions to Table NN-1 or NN-2 .................................................................................222

26.6 Other comments on proposed subpart NN Technical Corrections...........................223
4

27.0 Revisions to Subpart PP.....................................................................................223

28.0 Revisions to Subpart QQ ...................................................................................223

28.1 Revisions to reporting requirements (i.e., dates of import/export)...........................223

28.2 Comments on Rule issues not proposed.......................................................................226

29.0 Revisions to Subpart RR....................................................................................227

30.0 Revisions to Subpart SS .....................................................................................227

31.0 Revisions to Subpart TT ....................................................................................227

31.1 Revisions to calculation methods..................................................................................227

31.2 Revisions to Table TT-1.................................................................................................230

31.3 Revisions to reporting requirements............................................................................234

32.0 Revisions to Subpart UU....................................................................................234

33.0 Revisions to Other Subparts..............................................................................235

33.1 Comments on Rule issues not proposed for subpart G ..............................................235

34.0 Schedule for Implementation ............................................................................237

34.1 Proposed schedule for existing reporters ....................................................................237

34.2 Proposed schedule and BAMM for new reporters .....................................................242

35.0 Confidentiality Determinations and Data Category Assignments For New or 

Substantially Revised Data Elements...............................................................247

35.1 Approach to CBI determinations and data category assignments for new or revised 

data elements..................................................................................................................247

36.0 Impact of the Proposed Rule .............................................................................247

36.1 Comments regarding impacts/burden of new or revised GWPs in Table A-1.........247

36.2 Comments regarding impacts/burden of the technical corrections..........................255

37.0 General Comments on the Proposed Amendments ........................................257

37.1 General support for the amendments..........................................................................257

38.0 Out of Scope Comments.....................................................................................259

38.1 General comments on e-GGRT or reporting questions.............................................259

38.2 General comments outside of the scope of the amendments......................................260

List of Commenters
5

DCN Commenter Name Commenter Affiliation

EPA-HQ-OAR-2012-0934-0031 Anonymous Public Comment

EPA-HQ-OAR-2012-0934-0032-A1 Kim A. Wolfe, Environmental 

Compliance

Savannah River Nuclear 

Solutions (SRNS)

EPA-HQ-OAR-2012-0934-0034-A1 Aaron Mintzes, Policy 

Advocate

Earthworks

EPA-HQ-OAR-2012-0934-0035-A2 Robert W. Lucas, Climate 

Change Project Manager and 

Gerald D. Secundy, President

California Council for 

Environmental and Economic 

Balance (CCEEB)

EPA-HQ-OAR-2012-0934-0036-A1 William C. Herz, Vice 

President, Scientific Programs

The Fertilizer Institute (TFI)

EPA-HQ-OAR-2012-0934-0037 Anonymous public comment

EPA-HQ-OAR-2012-0934-0038 Jami Aggers, R.E.H.S., M.A., 

Director

Stanislaus County, CA., 

Environmental Resources 

Department

EPA-HQ-OAR-2012-0934-0039-A1 Darden Hood, President Beta Analytic Inc.

EPA-HQ-OAR-2012-0934-0039-A2 Darden Hood, President Beta Analytic Inc.

EPA-HQ-OAR-2012-0934-0040-A1 Kara M. Montalvo, Director, 

Environmental Compliance & 

Permitting

Salt River Project Agricultural 

Improvement and Power

District (SRP)

EPA-HQ-OAR-2012-0934-0041-A1 Kerry Kelly, Director, Federal 

Public & Regulatory Affairs

Waste Management (WM)

EPA-HQ-OAR-2012-0934-0042-A1 Mike Roddy, Director of 

Environmental Affairs

Seminole Electric 

Cooperative, Inc.

EPA-HQ-OAR-2012-0934-0044-A1 Russell A. Wozniak, EH&S 

Operations Regulatory 

Services

The Dow Chemical Company 

(Dow)

EPA-HQ-OAR-2012-0934-0045-A1 John L. Wittenborn and Joseph 

J. Green, Counsel, Kelley 

Drye & Warren LLP

Steel Manufacturers 

Association (SMA)

EPA-HQ-OAR-2012-0934-0046-A1 Marla Benyshek, Director, 

Fuels Regulatory Issues

Phillips 66 Research Center

EPA-HQ-OAR-2012-0934-0047-A2 Karin Ritter, Manager, 

Regulatory and Scientific 

Affairs

American Petroleum Institute 

(API)

EPA-HQ-OAR-2012-0934-0048-A2 Donna M. Christensen, House of Representatives
6

DCN Commenter Name Commenter Affiliation

EPA-HQ-OAR-2012-0934-0050-A1 Peter Anderson, Executive 

Director

Center for a Competitive 

Waste Industry

EPA-HQ-OAR-2012-0934-0051-A2 Chris M. Hobson, Chief 

Environmental Officer, Senior 

Vice President, Research & 

Environmental Affairs

Southern Company

EPA-HQ-OAR-2012-0934-0053-A2 David Biderman, General 

Counsel, Vice President (VP), 

Government Affairs

National Solid Wastes 

Management Association 

(NSWMA)

EPA-HQ-OAR-2012-0934-0054-A2 Kelley Kline, Counsel, 

Regulatory & Product 

Stewardship

GE Appliances

EPA-HQ-OAR-2012-0934-0055-A2 Robert E. Cleaves, President 

and Chief Executive Officer 

(CEO)

Biomass Power Association 

(BPA)

EPA-HQ-OAR-2012-0934-0056-A1 Frank R. Caponi, Division 

Engineer, Air Quality 

Engineering, Technical 

Services Department

Sanitation Districts of Los 

Angeles County

EPA-HQ-OAR-2012-0934-0057-A1 Niki Wuestenberg, Manager, 

Air Compliance,

Republic Services, Inc.

EPA-HQ-OAR-2012-0934-0058-A1 Paul Noe, Vice President, 

Public Policy, American 

Forest & Paper Association 

(AF&PA) and Robert 

Glowinski, President,

American Wood Council 

(AWC)

EPA-HQ-OAR-2012-0934-0059-A1 Lisa Beal, Vice President, 

Environment and Construction 

Policy, Interstate Natural Gas 

Association of America 

(INGAA)

Interstate Natural Gas 

Association of America 

(INGAA)

EPA-HQ-OAR-2012-0934-0060-A1 David Friedman, Vice 

President, Regulatory Affairs

American Fuel & 

Petrochemical Manufacturers 

(AFPM)

EPA-HQ-OAR-2012-0934-0061-A1 Andrew T. O’Hare, Vice 

President, Government Affairs

Portland Cement Association 

(PCA)

EPA-HQ-OAR-2012-0934-0062 Frederick Sciance General Motors LLC

EPA-HQ-OAR-2012-0934-0063-A1 Patrice Tompkins-Everidge Texas Instruments 
7

DCN Commenter Name Commenter Affiliation

Incorporated

EPA-HQ-OAR-2012-0934-0064-A1 Joseph Otis Minott, Executive 

Director

Clean Air Council

EPA-HQ-OAR-2012-0934-0065-A1 C. Lish Mass comment campaign

EPA-HQ-OAR-2012-0934-0066-A1 James C. Moore, Manager, 

Health, Safety, and 

Environment

QEP Field Services Company

EPA-HQ-OAR-2012-0934-0067-A1 John Skinner, Executive 

Director and CEO

Solid Waste Association of 

North America (SWANA)

EPA-HQ-OAR-2012-0934-0068-A1 Sarah A. Deslauriers, Program 

Manager

California Wastewater Climate 

Change Group (CWCCG)

EPA-HQ-OAR-2012-0934-0069-A1 Grover Campbell, Director, 

Government Affairs

Gas Processors Association 

(GPA)

EPA-HQ-OAR-2012-0934-0070-A1 Lorraine Krupa Gershman, 

Director

American Chemistry Council 

(ACC)

EPA-HQ-OAR-2012-0934-0071-A1 Darin Schroeder Clean Air Task Force (CATF) 

et al.

EPA-HQ-OAR-2012-0934-0071-A2 Darin Schroeder Clean Air Task Force (CATF) 

et al.

EPA-HQ-OAR-2012-0934-0072-A1 Matt Hall Consumers Energy Company

EPA-HQ-OAR-2012-0934-0073-A1 Pamela F. Faggert, Vice 

President and CEO

Dominion Resources Services, 

Inc.

EPA-HQ-OAR-2012-0934-0074-A1 Eldon Lindt, Director of 

Auditing, Environmental 

Policy & Services

Xcel Energy, Inc.

EPA-HQ-OAR-2012-0934-0075-A1 Lauren E. Freeman et al., 

Hunton & Williams, LLP

Utility Air Regulatory Group 

(UARG)

EPA-HQ-OAR-2012-0934-0076-A2 Jennifer Cleary, Director, 

Regulatory Affairs

Association of Home 

Appliance Manufacturers 

(AHAM)

EPA-HQ-OAR-2012-0934-0077-A2 Angela D. Marconi, Cherry 

Island Landfill Gas Manager

Delaware Solid Waste 

Authority (DSWA)

EPA-HQ-OAR-2012-0934-0078-A2 David Isaacs, Vice President, 

Government Affairs

Semiconductor Industry 

Association (SIA)
8

DCN Commenter Name Commenter Affiliation

EPA-HQ-OAR-2012-0934-0079-A2 John M. McManus, Vice 

President, Environmental 

Services

American Electric Power 

(AEP)

EPA-HQ-OAR-2012-0934-0080-A2 Pamela Lacey, Senior 

Managing Counsel, 

Environment

American Gas Association 

(AGA)

EPA-HQ-OAR-2012-0934-0081-A1 Aaron Mintzes, Policy 

Advocate

Earthworks

EPA-HQ-OAR-2012-0934-0081-A2 Aaron Mintzes, Policy 

Advocate

Policy Advocate Earthworks

EPA-HQ-OAR-2012-0934-0082-A2 Michael E. Van Brunt, 

Director, Sustainability

Covanta Energy Corporation

EPA-HQ-OAR-2012-0934-0083-A2 Frank R. Caponi, Division 

Engineer, Air Quality 

Engineering, Technical 

Service Department

County Sanitation Districts of 

Los Angeles County

EPA-HQ-OAR-2012-0934-0084-A2 Ted Michaels, President, Energy Recovery Council 

(ERC)

EPA-HQ-OAR-2012-0934-0085-A2 J. Michael Brown, 

Environmental, Safety and 

Health Director

Ohio Valley Electric 

Corporation (OVEC)

EPA-HQ-OAR-2012-0934-0086-A2 Gary Glasser, Vice President, 

Field Services, Methane Gas 

Group,

Tetra Tech BAS (TTBAS)

EPA-HQ-OAR-2012-0934-0087-A2 David Marshall, David 

McCabe & Darin Schroeder,

Clean Air Task Force (CATF) 

and Sierra Club

EPA-HQ-OAR-2012-0934-0087-A3 David Marshall, David 

McCabe & Darin Schroeder,

Clean Air Task Force (CATF) 

and Sierra Club

EPA-HQ-OAR-2012-0934-0089-A1 Mass Comment Campaign 

sponsoring organization 

unknown

EPA-HQ-OAR-2012-0934-0090-A2 Tim Higgs, Corporate 

Environmental Engineer

Intel Corporation

EPA-HQ-OAR-2012-0934-0091-A1 L. Y. Young Mass comment campaign

EPA-HQ-OAR-2012-0934-0092-A1 G. Hogan Mass comment campaign

EPA-HQ-OAR-2012-0934-0093-A1 N. Rapp Mass comment campaign
9

DCN Commenter Name Commenter Affiliation

EPA-HQ-OAR-2012-0934-0094-A1 D. Lassaw Mass comment campaign

EPA-HQ-OAR-2012-0934-0095-A1 L. Usechak Mass comment campaign

EPA-HQ-OAR-2012-0934-0096-A1 V. Jones Mass comment campaign

EPA-HQ-OAR-2012-0934-0097-A1 C. Gross Mass comment campaign

EPA-HQ-OAR-2012-0934-0098-A1 C. Dykstra Mass comment campaign

EPA-HQ-OAR-2012-0934-0099-A1 V. Anderson Mass comment campaign

EPA-HQ-OAR-2012-0934-0100-A2 Peter Zalzal, Staff Attorney Environmental Defense Fund 

(EDF)

EPA-HQ-OAR-2012-0934-0101-A1 J. Lisak Mass comment campaign

EPA-HQ-OAR-2012-0934-0102-A1 M. Ballin Mass comment campaign

EPA-HQ-OAR-2012-0934-0103-A1 K. Rowlett Mass comment campaign

EPA-HQ-OAR-2012-0934-0104-A1 G. Seger Mass comment campaign

EPA-HQ-OAR-2012-0934-0105-A2 Jonathan Lewis, Senior 

Council-Climate policy

Clean Air Task Force (CATF) 

and Clean Air Council

EPA-HQ-OAR-2012-0934-0106 Frederick G. Fedri, Principal 

Environmental Specialist

Occidental Chemical 

Corporation (OCC)

EPA-HQ-OAR-2012-0934-0107 Peter Anderson, Executive 

Director

Center for a Competitive 

Waste Industry

EPA-HQ-OAR-2012-0934-0108-A1 D. McKee

EPA-HQ-OAR-2012-0934-0109-A1 J. Redpath

EPA-HQ-OAR-2012-0934-0110-A1 K. Sorvig

EPA-HQ-OAR-2012-0934-0111-A1 B. Clark

EPA-HQ-OAR-2012-0934-0112-A1 T. Motes

EPA-HQ-OAR-2012-0934-0113-A2 Dana Schnobrich, Senior 

Environmental Specialist

3M Company

EPA-HQ-OAR-2012-0934-0114 Sean P. Flynn, Environmental 

Manager; Gregory Wilkins, 

Environmental, Auditing, and 

Processes Manager

Marathon Oil Company; 

Marathon Petroleum Company 

LP
10

1.0 Comments on EPA's Legal Authority and Administrative Procedures

1.1 Comments on EPA administrative procedures

Commenter Name: Aaron Mintzes, Policy Advocate

Commenter Affiliation: Earthworks

Document Control Number: EPA-HQ-OAR-2012-0934-0034-A1

Comment: I am writing to respectfully request that the Environmental Protection Agency 

(“EPA”) grant a 60-day extension of time to submit public comments on the proposed revisions 

to the Greenhouse Gas Reporting Rule (“Draft Rule”), Docket No. EPA-HQ-OAR-2012-0934. 

The Draft Rule would amend almost all subsections of the Greenhouse Gas Reporting Rule, a 

rule that creates a mandatory reporting program for the major emitters of greenhouse gases in the 

United States. This program is essential to forming an appropriate response to climate change – it 

would be impossible for the EPA to effectively regulate the threats posed by climate change 

without accurate and comprehensive data on national greenhouse gas emissions. However, the 

Draft Rule and its supporting documents contain thousands of pages of extremely technical 

analysis and calculations that cannot be meaningfully reviewed by the public before the May 17, 

2013 comment deadline.

Response:1 EPA thanks the commenter for their input. We cannot agree to extend the formal 

comment period past the May 17, 2013 deadline. As described in the proposal preamble, EPA 

intends to publish a final rule in time for its provisions to take effect by January 1, 2014 and 

extending the comment deadline would impact the Agency's ability to meet that schedule.

The Agency balances any request for an extension of the comment period with our need to 

thoroughly review, integrate, and respond to submitted comments and to publish a final rule in

time to give regulated entities sufficient notice before any changes come into effect. In 

recognition that the proposed rule and the analyses contained in the docket may take 

considerable time to review, EPA provided a longer comment period than the standard 30 days 

after publication of the proposed rule in the Federal Register and posted the proposed rule on its 

website when it was signed by the EPA administrator on March 8, 2013, nearly three weeks 

before the proposed rule appeared in the Federal Register. This is comparable to the 60-day

comment period that EPA provided for review of the proposed Greenhouse Gas Reporting Rule 

(FR 74 16448, April 10, 2009), for which EPA did not provide an extension.

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 2

 

1 The EPA provided an initial response to the commenter on May 7, 2013. See USEPA Letter from Anhar Kirimjee 

to Aaron Mintzes, Earthworks, Docket ID. EPA-HQ-OAR-2012-0934.
11

Comment: EPA did not provide adequate notice of the Proposed Rule’s substantive impacts or 

an adequate opportunity to comment on those impacts. Section 307(d) of the Clean Air Act 

governs this rulemaking because the Administrator determined that statute would apply pursuant 

to 42U.S.C. § 7607(d)(1)(V). 78 Fed. Reg. at 19803. Clean Air Act Section 307(d)(3) requires 

the Administrator to publish notice of the proposed rulemaking as provided under Section 553(b) 

of Title 5, United States Code (the Administrative Procedure Act or “APA”). Clean Air Act 

Section 307(d)(5)requires the Administrator to “allow any person to submit written comments” 

on the Proposed Rule. 42 U.S.C. § 7607(d)(5). The APA contains a similar requirement for the 

agency to give interested persons an opportunity to participate through written comments. 5

U.S.C. § 553(c).

To satisfy the requirements of Clean Air Act Section 307(d) and APA Section 553b, the 

opportunity to comment must be meaningful. Safe Air for Everyone v. EPA, 488 F.3d 1088, 

1098 (9th Cir. 2007); Mobil Oil Corp. v. Department of Energy, 728 F.2d 1477, 1490 (Em. Ct. 

App. 1983), cert denied 467 U.S. 1255 (1984). The notice provided to the public must be 

sufficient to afford a reasonable opportunity to participate in the rulemaking process. Forester v. 

Consumer Product Safety Commission, 559 F.2d 774, 787-88 (D.C. Cir. 1977). The courts have 

explained that a notice of rulemaking must focus on the significant implications of the proposal 

so as to enable criticism or formulation of alternatives. Ethyl Corp. v. EPA, 541 F.2d 1, 48-49 

(D.C. Cir. 1976); United Church Bd. for World Ministries v. SEC, 617 F. Supp. 837 (D. Colo. 

1985). 

The notice of proposed rulemaking did not provide adequate notice or opportunity to comment 

because it obscured the substantive impact of the rule. The proposal is incorrectly described as a 

“Technical Correction” to the Reporting Rule, see 78 Fed. Reg. at 19806-07, when in fact the 

Proposed Rule makes a substantive change to certain major source thresholds and subjects 

additional facilities to permitting requirements. This mistaken description of the Proposed Rule 

as a mere technical correction made it more difficult for sources to recognize its true impact. 

Because EPA downplayed and obscured the substantive impact of the proposed rule, QEPFS and 

others in the industry did not become aware of its significance until quite late in the public 

comment period. This substantially delayed industry’s response and hindered our ability to 

provide meaningful comments.

The mischaracterization of the Proposed Rule likely restricted the participation of other 

stakeholders and members of the public. For example, given their limited resources, state 

regulatory agencies have little reason to pay attention to or comment on technical corrections to 

the Reporting Rule. Sources report GHG emissions directly through the EPA’s Electronic 

Greenhouse Gas Reporting Tool without state involvement. However, these state agencies must 

implement the revised Table A-1 and the Tailoring Rule. The rule should have highlighted these 

issues in order provide the state agencies notice of the Proposed Rule’s substantive impacts and 

give them an opportunity to comment.

Response: EPA thanks the commenter for their input. The notice of the proposed rulemaking 

was titled "2013 Revisions to the Greenhouse Gas Reporting Rule and Proposed Confidentiality

Determinations for New or Substantially Revised Data Elements". The summary published in the 

Federal Register (79 FR 19802, April 2, 2013) stated:
12

"The EPA is proposing to amend the Greenhouse Gas Reporting Rule and to clarify or 

change specific provisions. Particularly, the EPA is proposing to amend a table in the 

General Provisions to reflect revised global warming potentials of some greenhouse gases 

that have been published by the Intergovernmental Panel on Climate Change and to add 

global warming potentials for certain fluorinated greenhouse gases not currently listed in 

the table."

Furthermore, at 79 FR 19806, the proposal preamble identifies the changes as technical 

corrections "and other amendments." Therefore, EPA disagrees with the commenter that the 

summary and description provided in the proposal preamble obscured the substantive impact of 

the rulemaking.

Additionally, in recognition that the proposed rule and the analyses contained in the docket may

take considerable time to review, EPA provided a longer comment period than the standard 30 

days after publication of the proposed rule in the Federal Register and posted the proposed rule 

on its website when it was signed by the EPA administrator on March 8, 2013, more than three 

weeks before the proposed rule appeared in the Federal Register (on April 2, 2013). EPA also 

published a factsheet on its website describing the proposed changes to Table A-1. Therefore, 

interested stakeholders have received adequate notice and opportunity to provide their comments 

to EPA.

In regards to the ability to comment on the proposed rule's effect on the tailoring rule, see the 

response to DCN No. EPA-HQ-OAR-2012-0934-0066-A1, Excerpt 5.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 18

Comment: GPA is concerned that EPA has not provided stakeholders with adequate time to 

carefully study the proposal and prepare more meaningful comments. The proposed rule is 

presented as a minor technical amendment to a routine Clean Air Act (CAA) Section 114 data 

request. However, Table A-1 to Subpart A of Part 98 is specifically cited in the new source 

review (NSR) and Title V regulations as the source of factors to be used to determine whether a 

facility is subject to regulation under those rules. GPA members operate thousands of centralized 

gathering and processing facilities and the proposal to change the methane global warming 

potential (GWP) factor in Table A-1 from 21 to 25, a 19% increase, has the potential to change 

the regulatory status of many facilities that are borderline with respect to Title V and/or NSR 

major source applicability. Additionally, GPA members have devoted significant resources to 

developing and implementing data collection, management, and reporting tools using the current 

published Part 98 emission factors to comply with the GHGRR. Because EPA did not evaluate 

the impact this change will have on current GHGRR programs, and more importantly, the 

regulatory status of facilities across the country and across industries, EPA should have allowed 

stakeholders additional time to evaluate the impact of these rules on their current GHGRR 

programs and the regulatory status of their facilities.
13

Response: See response to comment EPA-HQ-OAR-2012-0934-0066-A1, Excerpt 2.

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 5

Comment: In addition to the statutory mandate to conduct rulemaking through notice and 

comment, EPA stated in the Tailoring Rule preamble that “because any changes to Table A–1 of 

the mandatory GHG reporting rule regulatory text must go through a rulemaking, [incorporation 

of Table A-1] will assure that the values used for the permitting programs will reflect the latest 

values adopted for usage by EPA after notice and comment.” In order to fulfill that promise, 

EPA must now give notice of and solicit comment on the Proposed Rule’s effect on the Tailoring 

Rule. In this case, EPA has solicited comment only on the mechanics of the GHG reporting 

process, and has said it will let the chips fall where they may with respect to major source 

thresholds and permitting. This does not provide a sufficient opportunity for the public to 

comment on the most significant issue raised by the Proposed Rule.

QEPFS respectfully requests that the Administrator publish a notice soliciting public comment 

on the impacts that the proposed rule would have on the Tailoring Rule, the Indian Country

minor source rule, the permitting thresholds applicable to each rule, and related implementation 

issues. We request that EPA establish a new period of at least 60 days for the public to comment 

on these issues. Failing that, QEPFS requests that the Administrator extend the existing public 

comment period by an additional 60 days.

Response: Regarding the relationship between this final rule and other EPA programs, see 

Section II.A.2.c of the preamble to the final rule. Regarding the impacts of this final rule on other 

EPA programs, see Section V.C of the preamble to the final rule. 

EPA is not extending the formal comment period past the May 17, 2013 deadline. See response 

to comment EPA-HQ-OAR-2012-0934-0034-A1, Excerpt 1.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 7

Comment: GPA has several concerns related to the timing of implementation; particularly, EPA 

needs to address impacts to other regulatory programs (e.g. NSR and Title V) that reference the 

emission factors in Part 98 prior to adopting the new factors.

Impacts of Part 98 revisions to the NSR and Title V rules must be addressed through a 

rulemaking process.
14

As noted above, increases in GWPs, such as for methane where the GWP is being increased from 

21 to 25, will likely push many "borderline" GHG emission facilities into the NSR and Title V 

regulatory programs, perhaps retroactively. EPA indicates that it is not reopening the decision 

made in the Tailoring Rule, or any other rules or programs that reference Table A-1. In GPA’s 

view, this is precisely the effect of the proposed revision. The substantive effect of the proposed 

revision, the uncertainty surrounding past and future regulatory determinations, and the potential 

for enforcement actions based on the new criteria all require clarification through rulemaking 

prior to final adoption of the revised GWP factors. EPA cannot address this issue with anything 

less. 

Response: See response to comment EPA-HQ-OAR-2012-0934-0066, Excerpt 5, and Section 

II.A.2.c of the preamble to the final rule for EPA's response to comments on the relationship of 

the proposed amendments to other EPA programs.

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0050-A1

Comment Excerpt Number: 1

Comment: Neither the Federal Register nor the Supporting Materials for the Docket contain the 

document referenced in Document EPA-HQ-OAR-2012-0934-0015 as the actual document 

relied upon for the calculations that serve as the basis for the proposed rule change, which is 

identified as:

Solid Waste Industry for Climate Solutions (SWICS), 2012. SWICS 2.2 Methane 

Oxidation Addendum 2012. Addendum to the “Current MSW Industry Position and Stateof-the-Practice on LFG Collection Efficiency, Methane Oxidation, and Carbon 

Sequestration in Landfills.” Prepared for Solid Waste Industry for Climate Solutions 

(SWICS); prepared by SCS Engineers. Version 2.2, Revised January 2009. Addendum is 

dated November 19, 2012

This is to request that this document by SWICS be added to the Supporting Documents and the 

comment period for Subpart HH be extended for one week from the time that this SWICS

document is provided in the Supporting Documents for this Docket.

Response: EPA thanks the commenter for their input. The document cited by the commenter

has since been published in the Federal docket. As noted by the commenter, the document cited 

is referenced in the memorandum "Review of Methane Flux and Soil Oxidation Data" (EPAHQ-OAR-2012-0934-0015). This memorandum extensively reviews the SWICS document and 

summarizes the data and options provided in the referenced document. EPA has determined that 

the memorandum, which is the basis for the proposed amendments to subpart HH, sufficiently

summarizes the content of the referenced document. As such, EPA does not agree to extend the 

formal comment period past the May 17, 2013 deadline. However, EPA has accepted and 

addressed comments submitted within a reasonable period of time past the May 17, 2013 

deadline to take commenter concerns into consideration.
15

1.2 Comments on legal authority for the revisions

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 1

Comment: UARG emphasizes that EPA’s authority to require reporting of GHG emissions and 

related data under this rule is of limited scope and purpose. Under the fiscal year 2008 

Consolidated Appropriations Act, Congress authorized funding for EPA to develop and publish a 

rule “to require mandatory reporting of greenhouse gas emissions above appropriate thresholds 

in all sectors of the economy of the United States.” Pub. L. No. 110–161, 121 Stat. 1844, 2128 

(2007). The joint explanatory statement accompanying the legislation directed EPA to “use its 

existing authority under the Clean Air Act” (e.g., authority under CAA §114) to develop a 

mandatory GHG reporting rule covering those “upstream production and downstream sources” 

the Administrator deems “appropriate,” and to determine “appropriate thresholds” and frequency

for reporting. 74 Fed. Reg. 16,448, 16,454 (Apr. 10, 2009). Congress also authorized EPA to rely

on the existing reporting requirements for electric generating units [(“EGUs”)] under section 821 

of the 1990 CAA Amendments.” Id.

The Greenhouse Gas Reporting Program (“GHGRP”) that has resulted is wholly out of 

proportion to that mandate. Facilities are expending enormous resources tracking, quality

assuring, and reporting vast amounts of information on even the smallest quantity of GHG. This 

is particularly true with respect to the Subpart C requirements for combustion sources to report 

GHG from all activities no matter how de minimis. EPA also continues to spend significant 

resources for both its own staff and Agency contractors to implement the GHGRP and its 

electronic reporting requirements. Since its initial promulgation in October 2009, EPA has 

promulgated more than twenty revisions to the GHGRP rules. Although UARG understands that 

many of these rule revisions have been directed at correcting errors or simplifying data collection 

and reporting, the need for those revisions only underscores the already complicated nature of 

the program. 

EPA’s authority under CAA § 114 is limited by the Paperwork Reduction Act (“PRA”) and its 

implementing regulations. To lawfully require a data collection, EPA must prepare and receive 

approval from the Office of Management and Budget (“OMB”) of an Information Collection 

Request (“ICR”) that demonstrates the “practical utility” of the covered information. 5 C.F.R. § 

1320.5(d)(1)(iii). Under 5 C.F.R. § 1320.3(l), 

Practical utility means the actual, not merely the theoretical or potential, usefulness of 

information.... In determining whether information will have ‘practical utility,’ OMB 

will take into account whether the agency demonstrates actual timely use for the 

information.... 

(emphasis added). As a result, each new piece of information EPA proposes be reported by 

facilities and analyzed by EPA, and each new detail EPA proposes to specify in its existing rule 

must be carefully scrutinized to determine whether the revision is both consistent with that 

authority and necessary to carry out its obligations under the Consolidated Appropriations Act. 
16

Now that the program has been in place for several years, and EPA has provided Congress the 

information it sought, EPA should be considering whether there are ways to reduce (rather than 

increase) the amount of information require to be reported.

Response: As discussed the preamble to the proposed 2009 GHG reporting rule (74 FR 16448, 

April 10, 2009), Section 114(a)(1) of the CAA authorizes the Administrator to require certain 

persons on a one-time, periodic or continuous basis to keep records, make reports, undertake 

monitoring, sample emissions, or provide such other information as the Administrator may

reasonably require. The information may be required for the purposes of developing an 

implementation plan, developing an emission standard under sections 111, 112 or 129, 

determining if any person is in violation of any standard or requirement of an implementation 

plan or emissions standard, or ‘‘carrying out any provision’’ of the Act (except for a provision of 

title II with respect to manufacturers of new motor vehicles or new motor vehicle engines). As 

EPA stated in the 2009 proposal preamble (74 FR 16454):

The scope of the persons potentially subject to a section 114(a)(1) information request 

(e.g., a person ‘‘who the Administrator believes may have information necessary for the 

purposes set forth in’’ section 114(a)) and the reach of the phrase ‘‘carrying out any

provision’’ of the Act are quite broad. EPA’s authority to request information reaches to 

a source not subject to the CAA, and may be used for purposes relevant to any provision 

of the Act. Thus, for example, utilizing sections 114 and 208, EPA could gather 

information relevant to carrying out provisions involving research (e.g., section 103(g)); 

evaluating and setting standards (e.g., section 111); and endangerment determinations 

contained in specific provisions of the Act (e.g., 202); as well as other programs.

Given the broad scope of section 114 of the CAA, it is appropriate for EPA to gather the 

information required by this rule because such information is relevant to EPA’s carrying out a 

wide variety of CAA provisions. As described in the preamble of the proposed 2009 GHG 

Reporting Rule (74 FR 16448), the GHGRP is intended to supplement and complement existing 

U.S. government programs related to climate policy and research. The GHGRP provides data to 

develop and inform inventories and other U.S. climate programs by advancing the understanding 

of emission processes and monitoring methodologies for particular source categories or sectors.

For example, GHGRP data published through the Greenhouse Gas Data Publication Tool may be 

used by state and local entities to better understand the contribution of emissions from specific 

regional industries, or by EPA regulatory programs to review emissions from certain facilities 

within an industry to inform policy decisions.

As EPA stated in the preamble for the proposed amendments (78 FR 19802, April 2, 2013), the 

amendments reflect EPA’s engagement with reporters and stakeholders and our understanding of 

the technical challenges and burden associated with implementation of Part 98 provisions. The 

changes improve the GHGRP by clarifying compliance obligations and reducing confusion for 

reporters, improving the consistency of the data collected, and ensuring that data collected 

through the GHGRP is representative of industry and comparable to other inventories. The 

proposed changes correct errors, simplify data collection and reporting for reporters, and reduce 

the burden associated with implementing certain provisions of 40 CFR part 98. The changes to 

Table A-1 of subpart A reflect improved scientific understanding. Specifically, the changes to 

Table A-1 allow for improved understanding of the radiative forcing from reported GHG 
17

emissions and supply, based on GWP values that are more up-to-date relative to the values 

previously provided in Table A-1. Updating these values ensures that the GWPs for these 

compounds allow their atmospheric impacts relative to other GHGs to be accurately assessed.

The changes also make the emissions reported under the Part 98 consistent with other programs. 

For more on this, see Section II.A.1 of the proposal preamble (78 FR 19807) and Sections II.A.1 

and 2 of the final rule preamble.

With these considerations, the amendments to the final rule are both consistent with EPA’s 

existing authority under Section 114(a) and necessary to carry out its obligations under the 

Consolidated Appropriations Act. Furthermore, the information collection requirements in this 

rule for new reporters have been submitted for approval to the Office of Management and 

Budget (OMB) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The

OMB has previously approved the information collection requirements for 40 CFR part 98 under 

the provisions of the Paperwork Reduction Act, assigned OMB control number 2060–0629, ICR 

2300.10. The EPA has recently submitted a request for approval for an ICR renewal that 

incorporates the burdens and costs imposed by all of the current ICRs under the GHGRP, 

including this rulemaking. When this ICR is approved by OMB, the Agency will publish a 

technical amendment to 40 CFR part 9 in the Federal Register to display the OMB control 

number for the approved information collection requirements contained in this final rule.

Commenter Name: J. Michael Brown, Environmental, Safety and Health Director

Commenter Affiliation: Ohio Valley Electric Corporation (OVEC)

Document Control Number: EPA-HQ-OAR-2012-0934-0085-A2

Comment Excerpt Number: 1

Comment: We support UARG’s contention that the GHG reporting rule has transformed into 

something that is wholly out of proportion to its Congressional Mandate and that our facilities, as 

well as our peers in the industry, are expending an extraordinary amount of time, effort and 

resources tracking, quality assuring and reporting de minimis GHG emissions ancillary to those 

flue gas emissions we have been historically reporting under 40 CFR, Part 75. EPA is also 

spending significant resources (staff and contractors) to implement the reporting rule and its 

electronic reporting requirements – with most of the effort being spent on the de minimis fraction 

of emissions. As a result, we believe EPA should be focusing on ways to reduce (rather than 

increase) the amount of information that is required to be reported under this program.

Response: See response to comment EPA-HQ-OAR-2012-0934-0075-A1, Excerpt 1.

Commenter Name: John M. McManus, Vice President, Environmental Services

Commenter Affiliation: American Electric Power (AEP)

Document Control Number: EPA-HQ-OAR-2012-0934-0079-A2

Comment Excerpt Number: 1
18

Comment: AEP emphasizes that USEPA's authority to require reporting of GHG emissions and 

related data under this rule is of limited scope and purpose. Under the Consolidated 

Appropriations Act of 2008, Congress authorized funding for USEPA to develop and publish a 

rule "to require mandatory reporting of greenhouse gas emissions above appropriate thresholds 

in all sectors of the economy of the United States." Public Law 110-161, 121 Stat. 1844, 2128 

(2008). The joint explanatory statement accompanying the legislation directed USEPA to "use its 

existing authority under the Clean Air Act" (e.g., authority under CAA § 114) to develop a 

mandatory GHG reporting rule covering those "upstream production and downstream sources" 

the Administrator deems "appropriate," and to determine "appropriate thresholds" and frequency

for reporting. Congress also authorized USEPA to rely on the existing reporting requirements for 

EGUs under section 821 of the 1990 CAA Amendments.

The reporting rule that has resulted is wholly out of proportion to that mandate. Facilities are 

expending enormous resources tracking, quality assuring, and reporting vast amounts of 

information on even the smallest quantity of GHG. This is particularly true with respect to the 

Subpart C requirements for combustion sources to report GHG from all activities no matter how 

de minimis. USEPA also continues to spend significant resources for both its own staff and 

Agency contractors to implement the reporting rule and its electronic reporting requirements. 

Although AEP understands that many of the revisions USEPA has made to the rule have been 

directed at correcting errors or simplifying data collection and reporting, the need for those 

revisions only underscores the already complicated nature of this reporting rule.

In AEP's case, our 2010-2012 Subpart C GHG emissions, which represent "new" reporting 

requirements beyond existing requirements under Title IV of the 1990 CAAA, added only 

0.14%, 0.17% and 0.34% to our corporate GHG emissions respectively. Considering Continuous 

Emission Monitoring Systems are only certified by EPA to within 5% of actual (for Subpart D 

reporting), all efforts to collect Subpart C emissions should be considered de minimis.

Each new piece of information that USEPA proposes be reported by facilities and analyzed by 

USEPA, and each new detail USEPA proposes to specify in its existing rule must be carefully 

scrutinized to determine whether the revision is both consistent with that authority and necessary

to carry out its obligations under the 2008 Consolidated Appropriations Act. Now that the 

program has been in place for several years, and USEPA has provided Congress the information 

it sought, USEPA should be considering whether there are ways to reduce (rather than increase) 

the amount of information require to be reported.

Response: See response to comment EPA-HQ-OAR-2012-0934-0075-A1, Excerpt 1.

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 10

Comment: Section 114 of the Clean Air Act, 42 U.S.C. § 7414, is cited as the basis for the 

Proposed Rule, but Section 114 does not empower EPA to change the thresholds for major 
19

source determinations. Section 114 governs recordkeeping and inspections. It allows EPA to 

require sources to provide data about air emissions. 42 U.S.C. 7414(a)(iii)(1). Any amendments 

to major source and permitting thresholds must be proposed and finalized under EPA’s authority 

to implement the relevant permitting program. More specifically, amendments to the PSD

program must be made pursuant to Sections 160-169, the Indian Country minor source rule must 

be amended pursuant to Sections 171-179B, and the Title V program must be amended pursuant 

to Sections 501-507.

In order for the substantive aspects of the Proposed Rule to be evaluated and processed under the 

appropriate sections of the Clean Air Act, it should be routed through the EPA's Office of Air 

Quality Planning and Standards ("OAQPS"). OAQPS published the Tailoring Rule and 

traditionally handles substantive permitting regulations. In this case, the Proposed Rule was 

published by the Office of Atmospheric Programs, Climate Change Division.

Response: See response to comment EPA-HQ-OAR-2012-0934-0075-A1, Excerpt 1. See 

Section II.A.2.c of the preamble to the final rule for EPA's response to comments on the 

relationship of the proposed amendments to other EPA programs.
20

2.0 Amendments to Table A-1

2.1 Comments on the revision of the GHGRP to complement the U.S. Inventory 

and relationship to the UNFCCC

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 1

Comment: GPA understands that the United States, as a party to the United Nations Framework 

Convention on Climate Change (UNFCCC), is obligated to report its Greenhouse Gas Emissions, 

and that the emissions are to be determined using internationally-accepted methods agreed upon 

by the Parties. Starting in 2015, the UNFCCC requires the Inventory of U.S. Greenhouse Gas 

Emissions and Sinks (Inventory) to use the factors published in the Intergovernmental Panel on 

Climate Change Fourth Assessment Report (AR4). GPA supports EPA’s efforts to ensure 

consistency between the Greenhouse Gas Reporting Program (GHGRP) and the Inventory.

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment.

Commenter Name: Sarah A. Deslauriers, Program Manager, California Wastewater Climate 

Change Group (CWCCG)

Commenter Affiliation: California Wastewater Climate Change Group (CWCCG)

Document Control Number: EPA-HQ-OAR-2012-0934-0068-A1

Comment Excerpt Number: 1

Comment: CWCCG understands and supports the need to ensure consistency and comparability

with national inventory data submitted by United Nations Framework Convention on Climate 

Change (UNFCCC) Parties. As part of this, UNFCCC parties decided on March 15, 2012, to 

require countries submitting annual reports in 2015 and beyond to use global warming potential 

(GWP) values established by the Intergovernmental Panel for Climate Change’s Fourth 

Assessment Report (IPCC AR4), replacing the current standard established by IPCC’s Second 

Assessment Report (SAR). 

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment.
21

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 1

Comment: EPA proposes to revise the Table A-1 (40 C.F.R. Part 98, Subpart A) global 

warming potential (GWP) values for greenhouse gases (GHGs), and add GWP values for certain 

F-GHGs. The changes are being proposed to ensure continued consistency between the GHGRP 

and the Inventory of U.S. GHG Emissions and Sinks (the “Inventory”). The new GWP values are 

set forth in the Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report. 

Notably, for TFI members, EPA proposes to raise the GWP value for methane from 21 to 25, and 

to lower the GWP value for nitrous oxide from 310 to 298. TFI supports consistency between the 

GHGRP and the Inventory.

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment.

Commenter Name: Pamela Lacey, Senior Managing Counsel, Environment

Commenter Affiliation: American Gas Association (AGA)2

Document Control Number: EPA-HQ-OAR-2012-0934-0080-A2

Comment Excerpt Number: 4

Comment: Over the past year, AGA has encouraged EPA to incorporate recent emissions data

reported by natural gas system operators under 40 C.F.R. Part 98 Subpart W in the annual 

Inventory of U.S. Greenhouse Gas Emissions and Sinks (Inventory) in order to update and 

improve the accuracy of the Inventory’s estimated methane emissions for the natural gas value 

chain. Thus, we support EPA’s proposed revisions in the GWP for methane to reflect changes 

previously agreed to by the United States and other parties of the United Nations Framework 

Convention on Climate Change (UNFCCC) in the Intergovernmental Panel for Climate Change 

(IPCC) Fourth Assessment Report, because this change in Table A-1 of Subpart A will allow 

EPA to use the Subpart W reported data to update the annual Inventory. See 78 Fed. Reg. at 

19807-09, Table 2, and 19846, Proposed Table A-1. While we are disappointed that the IPCC 

Fourth Assessment Report increased the GWP of methane from 21 to 25 times that of CO2 on a 

100-year time frame, we understand that EPA is bound to use this GWP in the Inventory, and we 

strongly support being able to update the Inventory using the new Subpart W reported data, 

because we anticipate that this new data will demonstrate that methane emissions from the 

natural gas value chain are lower than currently estimated.

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment.

 

2 The comments by American Gas Association (AGA) were also supported by Xcel Energy, Inc. (Docket Id. No. 

EPA-HQ-OAR-2012-0934-0074-A1).
22

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 8

Comment: Modification of Table A-1 is not necessary to meet EPA’s goals. EPA stated that it 

proposed to amend Table A-1 “to ensure comparability of data collected in the GHGRP to the 

Inventory of U.S. Greenhouse Gas Emissions and Sinks that the EPA compiles annually to meet 

international commitments.” 78 Fed. Reg. at 19806. However, EPA can ensure comparability

without amending Table A-1. EPA does not comply with international commitments by directly 

submitting the data collected under the Reporting Rule. EPA draws on the Reporting Rule data, 

manipulates it as necessary, and combines it with other data to prepare the Inventory. EPA 

receives Reporting Rule data electronically and could easily convert such data to match the 

IPCC’s revised GWP values without impacting the Tailoring Rule thresholds. In fact, EPA has 

proposed to convert prior year Reporting Rule data to reflect the new GWP values and has 

acknowledged that “the calculation is very straightforward.” 78 Fed. Reg. at 19833. This 

approach would allow EPA to achieve its stated goal of maintaining consistency with the 

Inventory without causing a side effect on the Tailoring Rule thresholds.

Response: Regarding EPA’s decision to amend Table A-1, see Section II.A.2.a of the preamble 

to the final rule. Regarding the relationship of these amendments to the Tailoring Rule, see 

Section II.A.2.c of the preamble to the final rule.

EPA is not finalizing the 26 additional F-GHGs not listed in AR4 that were proposed to be 

included in Table A-1 in this final rule. See Section I.D of the preamble to the final rule.

Commenter Name: Mike Roddy, Director of Environmental Affairs

Commenter Affiliation: Seminole Electric Cooperative, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0042-A1

Comment Excerpt Number: 2

Comment: Seminole also disagrees with EPA's cited basis for the proposed revisions. As noted 

above, EPA has proposed GWP revisions to achieve consistency between its Inventory, which is 

prepared to comply with international commitments under the United Nations Framework 

Convention on Climate Change [Footnote: Inventory of U.S. Greenhouse Gas Emissions and 

Sinks: 1990-2011, at iii, EPA 430-R-13-001 (April 12, 2013), available at 

http://www.epa.goviclimatechange/Downloadsighgemissions/US-GHG-Inventory-2013-

Upfront.pdf], and its GHGRP, which is developed in response to domestic legislative directives 

to require reporting of GHG emissions [Footnote: Consolidated Appropriations Act, 2008, Public 

Law 110-161, 121 Stat. 1844, 2128 (2008).]. Yet, while consistency and regulatory certainty is a 

generally laudable goal, EPA's proposal does anything but achieve such aim. Instead, industry is 

faced with adjusting data collection and reporting protocols for revised GWPs after only three 

years of reporting under the GHGRP, the possibility of frequent future revisions to GWPs (as the 

IPCC issues future assessment reports including the currently underway Fifth Assessment 

Report), the potential for on-going revisions to past emission reports as GWPs are continually 
23

tweaked, and unknown ripple effects from these changes on other regulatory programs that rely 

on these GWPs, such as the Title V and PSD permitting programs under EPA's "Tailoring Rule."

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

3

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 1

Comment: API agrees with EPA's intention noted on page 78 FR 19808, that the GWPs values 

would not be updated each time new values are published. However, API notes that EPA seems 

to contradict this statement on page 78 FR 19809 where it is stated the EPA intends to 

periodically update Table A-1 as GWPs are evaluated or re-evaluated by the scientific 

community. API believes this second statement is in reference to specialty, fluorinated 

greenhouse gases that are not included in the AR4 list of greenhouse gases. 

API notes that although the IPCC periodically updates GWP values, the UNFCCC has only

officially adopted the updated factors in the AR4 for GHG reporting starting the second 

commitment period (post 2012). With the exception of the specialty gases, EPA should only

update the GWP values used by the GHGRP when the UNFCCC adopts new values for reporting 

to the IPCC. This maintains consistency with IPCC's reporting requirements per EPA's reporting 

obligations for the national GHG inventory. 

Response: For the response to this comment, see Section II.A.2.a of the preamble to the final 

rule.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 15

Comment: GPA has concerns that future revisions to the GWP values by the IPCC will drive 

further rule revisions by EPA. If EPA’s desire is to ensure consistency between the Inventory

and GHGRP, future changes to the GWP values based on IPCC revisions seem inevitable. If 

future changes are adopted, they may, like the current proposal, require sources to constantly 

change their data gathering and evaluation protocols for reporting, and require sources to 

continually revise (or have EPA revise) their prior year submissions. Also, constant changes to 

 

3

The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
24

Table A-1 will not provide certainty to regulated sources as they evaluate modifications (and the 

timing of them) to determine NSR and Title V applicability based on GHG emissions.

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 9

Comment: TFI has concerns with future revisions to the GWP values by the IPCC and if (and 

how) they will be implemented by EPA. If EPA’s desire is to ensure consistency between the 

Inventory and GHGRP, future changes to the GWP values based on IPCC revisions seem 

inevitable. If future changes are adopted, they may, like the current proposal, require sources to 

constantly change their data gathering and evaluation protocols for reporting, and require sources 

to continually revise (or have EPA revise) their prior year submissions. Also, constant changes to 

Table A-1 will not provide certainty to regulated sources as they evaluate modifications (and the 

timing of them) to determine PSD and Title V applicability based on GHG emissions.

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Chris M. Hobson, Chief Environmental Officer, Senior Vice President, 

Research & Environmental Affairs

Commenter Affiliation: Southern Company

Document Control Number: EPA-HQ-OAR-2012-0934-0051-A2

Comment Excerpt Number: 1

Comment: Southern Company understands EPA’s expressed desire to use the AR4 GWPs to 

ensure consistency with the GWPs used in the Inventory of U.S. Greenhouse Gas Emissions and 

Sinks (hereafter referred to as “Inventory”); however, doing so sets a troublesome precedent and 

creates conflicts that are fully described in the UARG comments referenced above. EPA states in 

the preamble, “it is not now EPA’s intent to revise the GWPs in Table A-1 each time new data 

are published,” but it is likely that once EPA makes this initial effort to establish consistency

with the GWPs used in the Inventory, it will want to maintain that consistency despite the data 

quality and consistency issues raised in the UARG comments.

Southern believes it is impractical to change the GWPs listed in Table A-1 each time the United 

Nations Framework Convention on Climate Change decides to require new GWPs to be used for 

the Inventory. Changing GWPs creates confusion between reporting years that makes it difficult 

to compare emissions across reporting years.
25

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment. Regarding comparing emissions across reporting years, please see, Section III.B of the 

preamble to the final rule.

2.2 Comments on use of the IPCC AR4 to update Table A-1 and proposed 

revised GWPs

Commenter Name: Mike Roddy, Director of Environmental Affairs

Commenter Affiliation: Seminole Electric Cooperative, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0042-A1

Comment Excerpt Number: 1

Comment: As an initial matter, EPA's wholesale reliance on IPCC assessment reports is 

inappropriate. For example, the IPCC assessment reports are not prepared in accordance with 

U.S. standards for scientific assessments. Rather, the IPCC is governed by its own official 

"Principles Governing IPCC Work," which emphasizes that approval of the contents of the 

assessment reports is obtained on the basis of consensus among IPCC member governments. See 

http://wvvw.ipcc.ch/pdf/ipcc-principles/ipcc-principles.pdf, at 2. In other words, the contents of 

IPCC assessment reports may be as much a product of international, political consensus-seeking 

as they are of scientific inquiry. In contrast, EPA must ensure that it adheres to applicable federal 

standards regarding the quality, objectivity, integrity, and utility of information disseminated by

federal agencies. See, e.g.,. Pub. L. No. 106-554, § 515; 67 Fed. Reg. 8452 (Feb. 22, 2002). For 

this reason, and for applicable reasons stated in petitions pending before the U.S. Supreme Court 

challenging EPA's "Endangerment Finding," EPA's reliance on IPCC reports is inappropriate.

Response: We disagree with the commenters that the reliance on, and specifically the use of 

GWP values from, IPCC reports is inappropriate. We note that this comment has been raised and 

addressed in other GHG rulemakings. See, e.g., Final Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, 74 FR 66510 (Dec. 

15, 2009). It is EPA’s view that the peer-reviewed scientific assessments of the IPCC are among 

the best reference materials for determining the general state of knowledge on the scientific and 

technical issues surrounding global climate change. Furthermore, as discussed in Section II.A.1 

and Section II.A.2 of the preamble to the final rule, it is EPA’s intent that the GHGRP 

supplement and complement existing U.S. government programs related to climate policy and 

research, including the Inventory submitted to the UNFCCC, which has historically relied on 

GWP metrics published by the IPCC. During the development of the GHG Reporting Rule, EPA 

generally proposed and finalized estimation methodologies and reporting metrics that were based 

on recent scientific data and that would allow comparisons between the Inventory, other U.S. 

climate programs, and the GHGRP. The goal of Part 98 is to collect data of sufficient accuracy

and quality to inform future climate policy development. In this final rule, EPA is adopting the 

proposed AR4 values for certain compounds currently listed in Table A-1 to ensure more 

accurate CO2e emission and supply estimates are collected for the GHGRP. The IPCC AR4 

provides revised GWPs of several GHGs relative to the values provided in previous assessment 

reports, following advances in scientific knowledge on the radiative efficiencies and atmospheric 

lifetimes of these GHGs and of CO2. Because the GWPs provided in the AR4 reflect an 

improved scientific understanding of the radiative effects of these gases in the atmosphere, the 
26

AR4 values are more appropriate for supporting the overall goal of the reporting program to 

provide accurate emissions data that is consistent with other programs. Therefore, we are 

finalizing the incorporation of the AR4 GWPs in Table A-1 to subpart A. See Sections II.A.1 and 

II.A.2 of the preamble of the final rule for additional information.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 6

Comment: The science addressing GWPs is hardly settled or free from controversy. Indeed, the 

IPCC Fourth Assessment Report explains in some detail that there are considerable uncertainties 

associated with the GWPs that EPA has proposed to adopt. See generally IPCC, Climate Change 

2007: The Physical Science Basis, Fourth Assessment Report, Working Group I Contribution, 

Ch. 2.10 at 210-16 (2007). The IPCC has noted that the GWPs it has adopted are derived using 

significant simplifications intended to avoid critical uncertainties that characterize potentially 

more robust GWP derivation methodologies. Id. at 211. Those simplifications include: 

(1) setting g(t) = 1 (i.e., no discounting) up until the time horizon (TH) and then g(t) = 0 

thereafter, (2) choosing a 1-kg pulse emission, (3) defining the impact function, I(ΔC), to 

be the global mean RF, (4) assuming that the climate response is equal for all RF 

mechanisms and (5) evaluating the impact relative to a baseline equal to current 

concentrations (i.e., setting I(ΔCr(t)) = 0). 

As the IPCC acknowledged, these simplifications have been the subject of considerable 

criticism, and because of shortcomings in scientific knowledge, there is no way in which to 

conduct an objective assessment of their impacts. Id. Accordingly, there is not a strong scientific 

basis for updating the GWPs in Table A-1 of subpart A of Part 98 to reflect the values adopted 

in the Fourth Assessment Report.

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: John M. McManus, Vice President, Environmental Services

Commenter Affiliation: American Electric Power (AEP)

Document Control Number: EPA-HQ-OAR-2012-0934-0079-A2

Comment Excerpt Number: 5

Comment: USEPA has proposed revising the global warming potentials ("GWPs") for GHGs 

that are contained in Table A-1 of subpart A of Part 98. 78 Fed. Reg. at 19,807. The GWPs in 

Table A1 were derived primarily from the Intergovernmental Panel on Climate Change ("IPCC") 

Second Assessment Report, although GWPs for GHGs that were not identified in the Second 

Assessment Report were taken from either the IPCC Third Assessment Report or Fourth 
27

Assessment Report. USEPA's proposed rule would replace the existing GWPs with those the 

IPCC adopted in its Fourth Assessment Report. USEPA states that it is proposing these changes 

to: (1) ensure comparability of data collected in the GHGRP to the Inventory of U.S. Greenhouse 

Gas Emissions and Sinks (hereinafter referred to as "Inventory") that the USEPA compiles 

annually to meet international commitments and to GHG inventories prepared by other countries; 

(2) reflect improved scientific understanding; and (3) promote consistency across the estimation 

methods used in the rule.

The science addressing GWPs is not settled or free from controversy. The IPCC Fourth 

Assessment Report explains in some detail that there are considerable uncertainties associated 

with the GWPs that USEPA has proposed to adopt. The IPCC has noted that the GWPs it has 

adopted are derived using significant simplifications intended to avoid critical uncertainties that 

characterize potentially more robust GWP derivation methodologies. The IPCC acknowledged 

these simplifications have been the subject of considerable criticism and, because of 

shortcomings in scientific knowledge, there is no way in which to conduct an objective 

assessment of their impacts. Accordingly, there is not a strong scientific basis for updating the 

GWPs in Table A-1 of subpart A of Part 98 to reflect the values adopted in the Fourth 

Assessment Report.

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: J. Michael Brown, Environmental, Safety and Health Director

Commenter Affiliation: Ohio Valley Electric Corporation (OVEC)

Document Control Number: EPA-HQ-OAR-2012-0934-0085-A2

Comment Excerpt Number: 3

Comment: We object to EPA’s proposed revisions to GWPs in Table A-1 of Subpart A of Part 

98. As UARG points out in their comments, there are considerable scientific uncertainties 

associated with the GWPs being considered, and the proposed GWPs are not necessarily 

improved or more technically precise than the values EPA has already adopted. Given these 

shortcomings, there is no way to objectively determine if they are more or less accurate than the 

GWPs we have been using historically for reporting. 

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: David Isaacs, Vice President, Government Affairs

Commenter Affiliation: Semiconductor Industry Association (SIA)4

 

4 The comments of the Semiconductor Industry Association were also supported by Texas Instruments Incorporated 

(EPA-HQ-OAR-2012-0934-0063-A1) and Intel Corporation (EPA-HQ-OAR-2012-0934-0090-A2).
28

Document Control Number: EPA-HQ-OAR-2012-0934-0078-A2

Comment Excerpt Number: 1

Comment: The semiconductor industry utilizes fluorinated gases as an essential part of our 

manufacturing processes. In many instances, there are no known substitutes to the use of these 

gases. A fraction of the gases are emitted and, therefore, the global warming potential (GWPs) 

that apply to fluorinated gases are important to tracking, managing, and reporting of our GHG 

emissions. 

In that context, the International Panel on Climate Change (IPCC) plays a very important role.

[Footnote: As indicated on their website, the Intergovernmental Panel on Climate Change 

(IPCC) is the leading international body for the assessment of climate change. It was established 

by the United Nations Environment Programme (UNEP) and the World Meteorological 

Organization (WMO) in 1988 to provide the world with a clear scientific view on the current 

state of knowledge in climate change and its potential environmental and socio - economic 

impacts. In the same year, the UN General Assembly endorsed the action by WMO and UNEP in 

jointly establishing the IPCC. The IPCC reviews and assesses the most recent scientific,

technical and socio-economic information produced worldwide relevant to the understanding of 

climate change. Thousands of scientists from all over the world contribute to the work of the 

IPCC. Review is an essential part of the IPCC process, to ensure an objective and complete 

assessment of current information. IPCC aims to reflect a range of views and expertise. Because 

of its scientific and intergovernmental nature, the IPCC embodies a unique opportunity to 

provide rigorous and balanced scientific information to decision makers. By endorsing the IPCC 

reports, governments acknowledge the authority of their scientific content. The work of the 

organization is therefore policy - relevant and yet policy - neutral, never policy-prescriptive.] 

IPCC has both the responsibility and the ability to review and standardize scientific information 

on Climate Change. IPCC is the international lead in assessing climate change and determining a 

scientifically based and standardized list of greenhouse gases (GHGs) and their associated 

GWPs. The IPCC also provides detailed guidance for the preparation of national greenhouse gas 

inventories to ensure that those inventories are consistent and comparable across all of the 

Annex I countries. The role of the IPCC, and EPA’s commitment to report emissions using IPCC 

methods, is well articulated in the preamble to the proposed rule, where it states that EPA is 

proposing revisions to Table A-1 “to ensure continued consistency with the Inventory as the 

Inventory begins to use GWPs from the IPCC Fourth Assessment Report.” We strongly support 

that goal. 

Response: EPA thanks the commenter for their support. EPA is adopting the GWPs for 

compounds included in the IPCC AR4 for Table A-1 of subpart A as proposed. This approach is 

in keeping with the Agency’s decision to use methods consistent with the Inventory and similar 

U.S. domestic programs. See Section II.A.2.a of the preamble for additional information.

Based on comments that EPA should not include compounds that are not included in an IPCC 

study or peer-reviewed as well as comments on permitting applicability, the EPA is reevaluating

its approach to assigning GWPs for compounds not included in the IPCC AR4. In this final rule, 

we are not finalizing the 26 additional F-GHGs (with associated GWP values) not included in the 

IPCC AR4 that were proposed to be added to Table A-1 in the 2013 Revisions proposal. 
29

Commenter Name: Tim Higgs, Corporate Environmental Engineer

Commenter Affiliation: Intel Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0090-A2

Comment Excerpt Number: 1

Comment: Intel supports the concept of updating the GWP values as new scientific data

becomes available and a certain level of scientific consensus is reached on the appropriate values 

to use for each material. The most widely recognized source of scientifically established, peer 

reviewed values are those published in the periodic reports of the Intergovernmental Panel on 

Climate Change (IPCC), the most recent of which is the fourth assessment report published in 

2007. The fourth assessment report is widely regarded as one of the most current and peer 

reviewed assessments of climate change. As such, Intel believes it is appropriate to align the 

values published in 40 CFR part 98 Table A-1 with the GWP values in the fourth assessment 

report. 

Response: See response to comment EPA-HQ-OAR-2012-0934-0078-A2, Excerpt 1.

Commenter Name: Dana Schnobrich, Senior Environmental Specialist

Commenter Affiliation: 3M Company

Document Control Number: EPA-HQ-OAR-2012-0934-0113-A2

Comment Excerpt Number: 4

Comment: 3M is generally supportive of the proposed changes. Consistent with our past 

comments, we support EPA's proposed addition of GWP values to Table A-1 to ensure 

consistency with the Intergovernmental Panel for Climate Change (IPCC) Fourth Assessment 

Report (AR4). By basing these additions on published literature and data obtained from chemical 

manufacturers, EPA ensures that the changes reflect the most recent and accurate emissions data.

Response: See response to comment EPA-HQ-OAR-2012-0934-0078-A2, Excerpt 1.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)5

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 2

Comment: WM supports the Agency’s proposed use of a 100-year timeframe for GWPs

consistent with the IPCC’s AR4 and the UNFCCC reporting guidelines for annual inventories. 

 

5 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1). This comment was also submitted by Republic Services, Inc. 

(Docket Id. No. EPA-HQ-OAR-2012-0934-0057-A1).
30

Furthermore, we support EPA’s statement that it is not the Agency’s intent to revise GWPs each 

time new data are published. (78 FR 19808). 

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment. See Section II.A.2.b of the preamble to the final rule.

Commenter Name: Pamela Lacey, Senior Managing Counsel, Environment

Commenter Affiliation: American Gas Association (AGA)6

Document Control Number: EPA-HQ-OAR-2012-0934-0080-A2

Comment Excerpt Number: 5

Comment: AGA also supports EPA’s proposal to adopt only GWP values based on a 100-year 

time horizon, rather than a 20-year horizon, because the UNFCCC parties agreed to use a 100-

year time horizon to compare the global warming potential of CO2 compared to that of methane 

and other greenhouse gases. See 89 Fed. Reg. at 19810.

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment. See Section II.A.2.b of the preamble to the final rule.

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department7

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 2

Comment: We support EPA's continued use of the 100 year GWP and the statement that the 

GWP will not be revised as new IPCC reports are published. The County feels that consistency

in reporting is very important and that changes such as this have the potential to cause concern 

and confusion for the regulated community as well as the public at large. 

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment. See Section II.A.2.b of the preamble to the final rule.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

 

6 The comments by American Gas Association (AGA) were also supported by Xcel Energy, Inc. (Docket Id. No. 

EPA-HQ-OAR-2012-0934-0074-A1).

7 This comment was also submitted by Tetra Tech Bas (Docket Id. No. EPA-HQ-OAR-2012-0934-0086-A2) and 

Delaware Solid Waste Authority (DSWA) (Docket Id. No. EPA-HQ-OAR-2012-0934-0077-A2).
31

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 1

Comment: A primary purpose of the Proposed Rule is to update GWP values in Subpart A, 

Table A-1. For INGAA members, this affects reporting of methane and N2O emissions for 

natural gas transmission and storage facilities. INGAA understands that EPA is proposing GWP 

revisions based on the current understanding of best science and for consistency with the national 

inventory annually prepared by EPA. INGAA supports the proposed revisions, which would 

increase the methane GWP to 25 and decrease the N2O GWP to 298. As reporting regimes are 

updated, the timing is appropriate to revise the current Table A-1 values, which are from the 

Intergovernmental Panel on Climate Change (IPCC) First Assessment Report (FAR), to more 

recent values published in the IPCC Fourth Assessment Report (AR4). Although IPCC reports 

and EPA documents discuss other time horizons for assessing GWP, INGAA strongly supports 

retaining a one hundred year time horizon as the standard for defining GWP values. Shorter or 

longer time horizons should not be considered as the standard for the GHG MRR or other EPA 

programs. Although INGAA supports this change, EPA should strive to retain AR4 GWP values 

in future years rather than resorting to ongoing GWP revisions that would require recalculation 

of GHG inventories. For INGAA members, N2O emissions are not significant. The methane 

GWP revision increases calculated methane CO2e emissions by nineteen percent. INGAA notes 

that while this revision warrants recalculation of reported emissions from previous years (i.e., 

2010 – 2012), this change is similar in magnitude to other uncertainties inherent to GHG 

reporting under the GHG MRR.

Response: EPA thanks the commenter for their support. EPA is retaining a 100-year time 

horizon as the standard metric for defining GWPs. See Section II.A.2.b of the preamble to the 

final rule for EPA's response to this comment. 

Regarding periodic updates to Table A-1 see Section II.A.2.a of the preamble to the final rule.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 1

Comment: In Subpart A –General Provisions, EPA has proposed to increase the GWP of 

methane from 21 to 25 bringing the GHG MRR into agreement with the United Nations (UN) 

Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report (AR4). We 

believe that EPA should work to ensure the latest science is used to develop inventories, but we 

do not have the scientific background to evaluate the proposed change of GWP from 21 to 25; 

however, we do support the Agency’s proposed use of a 100-year timeframe for GWPs 

consistent with the IPCC’s AR4 and the UNFCCC reporting guidelines for annual inventories.

Response: EPA thanks the commenter for their support. No changes have been made as a result 

of this comment. See Section II.A.2.b of the preamble to the final rule.
32

Commenter Name: Gary Glasser, Vice President, Field Services, Methane Gas Group,

Commenter Affiliation: Tetra Tech BAS (TTBAS)

Document Control Number: EPA-HQ-OAR-2012-0934-0086-A2

Comment Excerpt Number: 9

Comment: EPA has proposed to increase the global warming potential (GWP) of methane from

21 to 25. This change will bring the Greenhouse Gas Mandatory Reporting Rule (GHG MRR) 

into agreement with the United Nations (UN) Intergovernmental Panel on Climate Change 

(IPCC) Fourth Assessment Report (AR4). TTBAS understands that the United States has 

committed to using the AR4 GWPs for national GHG inventory reporting for 2015 and future 

years. Based on that commitment, TTBAS does not oppose the revision to the GWP for methane.

Response: EPA thanks the commenter for their support. No changes have been made as a result 

of this comment. See Section II.A.2 of the preamble to the final rule.

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 12

Comment: In the preamble to the 2013 GHGRP Revisions, EPA states that while it is adopting 

the GWP values are set forth in the IPCC Fourth Assessment Report, it does not, at this time, 

envision, “revis[ing] the GWPs in Table A-1 each time new data are published.”78 Fed. Reg. at 

19,808. TFI supports this position. However, EPA recognizes that IPCC is working on its Fifth 

Assessment Report.

EPA should again confirm in the final rule preamble that it does not intend to continually adopt 

IPCC revisions to the GWP values for purposes of the GHGRP and Inventory, and will not 

require that reporters (or EPA), should it adopt revised IPCC GWP values, revise prior reports 

based on IPCC-revised GWP values. 

Response: Regarding future revisions to Table A-1, see Section II.A.2.a of the preamble to the 

final rule for EPA's response. For the response to the comment recommending EPA not require 

reporters to submit revised reports for prior reporting periods, please see Section III.B of the 

preamble to the final rule. 

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 10
33

Comment: EPA Should Not Continually Adopt IPCC Revisions to the GWP Values. 

In the preamble to the 2013 GHGRR Revisions, EPA states that while it is adopting the GWP 

values as set forth in the IPCC Fourth Assessment Report, it does not, at this time, envision 

“revis[ing] the GWPs in Table A-1 each time new data are published.” (FR 19,808). GPA 

supports this position. However, EPA recognizes that IPCC is working on its Fifth Assessment 

Report (FR 19,808).

EPA should again confirm in the final rule preamble that it does not intend to continually adopt

IPCC revisions to the GWP values for purposes of the GHGRP and Inventory, and will not 

require that reporters (or EPA), should it adopt revised IPCC GWP values, revise prior reports 

based on IPCC-revised GWP values. 

Response: Regarding future revisions to Table A-1, see Section II.A.2.a of the preamble to the 

final rule for EPA's response. For the response to the comment recommending EPA not require 

reporters to submit revised reports for prior reporting periods, please see Section III.B of the 

preamble to the final rule. 

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 1

Comment: The GWP/100 for methane should be updated, but to the most current authoritative 

value of 33× CO, not the out of date 25× value, and supplemental emissions tables should be 

compiled with GWP/20 values for methane of 105× CO2.

Previously, EPA has required reporting entities to use a value of 21× CO2 for methane’s GWP 

calculated on a 100-year basis (GWP/100) which derives from the Intergovernmental Panel on 

Climate Change’s (IPCC) 1996 Second Assessment Report (AR2). In its suggested revisions, 

EPA proposes to update methane’s GWP/100 to 25× CO2 from the IPCC’s 2007 Fourth 

Assessment Report AR4). [Footnote: IPCC Fourth Assessment Report Chapter 2: Changes in 

Atmospheric Constituents and Radiative Forcing. (2007)(FAR), at pg. 212, Table 2.14.]

Subsequent to the completion of AR4, the National Aeronautics and Space Administration

(NASA) published in Science further updates in the value for methane’s GWP/100 to incorporate 

net direct and indirect radiative forcing impacts from aerosols, which the prior AR4 estimates did 

not contemplate. This is the best and most current, authoritative value for methane’s GWP, 33× 

CO2 on a 100 year basis, which is one-third greater than EPA’s 4-year out of date proposal, and 

105× CO2 on a 20-year basis(GWP/20). [Footnote: Drew Shindell, “Improved Attribution of 

Climate Forcing Emissions,” 326 Science 716 (2009); W.J. Collins, et.al., “Global and regional 

temperature-change potentials for near-term climate forcers,” 13Atmos.Chem.Phys.2471(2013).]

EPA should conform its GWP conversion to NASA’s current published conclusions, because 

that is the U.S. agency in charge of calculating the best estimates to which EPA should defer. 
34

Otherwise known net impacts from aerosols will be ignored in the reported (calculated) 

emissions values, and decision makers will not be informed of the correct impact of sources of 

methane emissions when developing climate action plans. There is a significant value in 

incorporating the most reliable data into decision-making, and the proposed GWP/100 for 

methane, which is one-third too low, fails to accord this need its due. If EPA is not willing to act 

on NASA’s latest research that was peer reviewed and has not been controverted, then we urge 

the Agency hold open this item until September of this year when the IPCC’s initial Fifth 

Assessment (AR5) will be released, and at that time, use that Report’s methane GWP.

Response: See Section II.A.2.b of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Darin Schroeder, Clean Air Task Force (CATF) et al.

Commenter Affiliation: Clean Air Task Force (CATF) et al.

Document Control Number: EPA-HQ-OAR-2012-0934-0071-A1

Comment Excerpt Number: 2

Comment: EPA states that “it is not now EPA’s intent” to revise the GWP values when AR5 is 

released. 78 Fed. Reg. at 19808. This is unreasonable, and will potentially compromise the 

integrity of the GHG RR and possibly future regulatory efforts based thereon. We urge EPA to 

reconsider this part of its proposal. EPA’s stated rationale for choosing not to update the GHG

RR GWPs with new consensus values in the future is that the United States is bound by

UNFCCC reporting guidelines to use the AR4 GWP values starting in 2015 for purposes of 

annual reports of national GHG inventories to the UNFCCC. EPA apparently perceives some 

“conflict” in having different GWPs for certain pollutants in the two inventories. 78 Fed. Reg. at 

19810. We disagree.

We understand the benefit in reporting national inventories from around the world on a 

consistent basis, and fully support US reporting to the UNFCCC based on the GWP values in 

AR4 until the parties to the UNFCCC agree on another update to those values. However, US 

GHG inventory reporting to UNFCCC is not the same—and indeed need not be the same—as 

domestic reporting of GHGs under the GHG RR. The two programs have different purposes and 

do not cover the same emissions or sources. For example, the original GHG RR, as well as 

EPA’s proposed revisions, require reporting of a wide variety of pollutants that are not required 

to be included in the national inventories reported to UNFCCC. See, e.g.,74 Fed. Reg. at 56270, 

78 Fed. Reg. at 19810-14. Nor are the GHG emissions sources covered by the GHGRR and the 

national UNFCCC inventories the same (for example, most agricultural emissions are not 

included in the GHG RR. [Footnote: EPA does not currently collect any agricultural emissions 

data under the GHG RR; while Subpart JJ of the rule was intended to collect emissions data for 

manure management, appropriations language has prohibited EPA from implementing this 

Subpart. Agricultural sources (not including manure management) emitted about 6% of US GHG 

in 2011, according to the US national GHG inventory (see 

http://www.epa.gov/climatechange/Downloads/ghgemissions/US-GHG-Inventory-2013-ES.pdf, 

Table ES-2).] 74 Fed. Reg. at 16466-67, and emissions sources are grouped quite differently in 
35

the two inventories. Nor does the UNFCCC inventory reflect the 25,000 ton facility reporting 

threshold contained in the GHG RR.

Furthermore, as mentioned above, the purposes of the two inventories are not the same. The 

GHG RR has significant potential regulatory implications, and in fact presently can impact the 

applicability of certain federal regulatory programs; two examples are the PSD and Title V 

permitting programs, 78 Fed. Reg. at 19808-09. Another important purpose of the GHG RR is to 

assist states in their analysis of GHG emissions and trends, thereby supporting potential GHG 

emission regulations. 74 Fed. Reg. at 56265. It is clear that US national and state regulation must 

be based on the latest and most robust scientific consensus of climate science, including 

appropriate GWPs. Simply put, the advance of US regulatory policy should not be slowed by a 

non-identical international emission reporting process designed for other purposes. This is 

especially so given the staleness of the international reporting data—1995 GWPs from the SAR 

will continue to be used until 2015, when 2007 GWPs will be substituted, and if international 

guidelines are updated on the same schedule, those GWPs will be used until around 2027. US 

domestic regulatory policy must not be grounded on data that could be outdated by as much as 

two decades.

In sum, the GHG RR inventory and the national GHG inventory are different documents, 

produced for different purposes, and need not use the same GWP values. Furthermore, any

administrative convenience achieved by using the same GWP values in both inventory programs 

is strongly outweighed by the need to use the most current and comprehensive GWP values in

the domestic GHG RR. [Footnote: We note that EPA is proposing to require reporting of certain 

pollutants that are not included in AR4. 78 Fed. Reg. at 19810-11. This, of course, will also 

result in some administrative inconvenience, but is nonetheless appropriate and reasonable.]

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 2

Comment: We do understand that EPA states it does not intend to conform to AR5 GWPs. 

[Footnote: 78 FED REG. 63 (April 2, 2013), at 19808.] Previously, it may be noted, EPA 

explained its refusal to use current GWP data because it wanted to maintain a consistent time 

series. [Footnote: EPA, U.S. Greenhouse Gas Inventory, at pg. ES-3.] Apparently the belief that 

consistency over time supersedes accuracy has been abandoned. Now, EPA states that it cannot 

use the best science because it must be consistent with the distinct Inventory– as if the two 

entities inhabit different planets. [Footnote: 78 FED REG. 63 (April 2, 2013), at 19808.] Or, that 

it must conform to the dictates of the UNFCCC – as if the U.S. is not a member of the United 

Nations, or if it has no influence on its policies, yet, at the same time, have no concern over 

conflicts with the Intergovernmental Panel on Climate Change, which did win the Nobel Prize.
36

On the bottom line, EPA has always had a bureaucratic reason to eschew the best science with 

the effect, if not the intent, of dramatically understating the responsibility of sources of methane 

for greenhouse gas emissions. There is no valid reason why this particular decision in the hearing 

notice cannot, if necessary, be held until the initial AR5 report is published this September in 

order to determine the IPCC’s latest GWPs, and we urge it to do so. Waiting perhaps two months 

to make a final decision on methane’s GWP would not, as the notice incorrectly avers, prevent 

the stakeholders from having predictable requirements, because, in fact, there would only be one 

single change in the GWP in this time period, not two– as if, even if there were two, three or four 

changes in the GWP, the task of inserting the number 33 instead of 25 into one cell of a 

spreadsheet imposes confusing and undue administrative burdens on multi-billion dollar 

corporations.

Decision-makers and the public are entitled to the best science, not the exaltation of bureaucracy

over knowledge. Even if the Agency would need to hold the decision on the methane GWP for a 

month or two, it will have both the best science without two successive changes.

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Joseph Otis Minott, Executive Director,

Commenter Affiliation: Clean Air Council

Document Control Number: EPA-HQ-OAR-2012-0934-0064-A1

Comment Excerpt Number: 2

Comment: EPA Should Update the GWP When the AR5 is Released. The Fifth Assessment 

Report (“AR-5”) of the United Nations Intergovernmental Panel on Climate Change is currently

underway and expected to be finalized in October 2014. The most recent Assessment Report was 

released six years ago and EPA is just now updating numbers to be consistent with it. The Clean 

Air Council is very concerned, given EPA’s track record on this issue, which at this rate AR-5 

GWP numbers will not be incorporated until 2020. 

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Darin Schroeder, Clean Air Task Force (CATF) et al.

Commenter Affiliation: Clean Air Task Force (CATF) et al.

Document Control Number: EPA-HQ-OAR-2012-0934-0071-A1

Comment Excerpt Number: 1

Comment: The choice of GWP values used in the GHG RR is important. As EPA explained in 

its original GHG RR proposal:
37

Because GHGs have different heat trapping capacities, they are not comparable without 

translating them into common units. The GWP, a metric that incorporates both the heattrapping ability and the atmospheric lifetime of each GHG, can be used to develop 

comparable numbers by adjusting all GHGs relative to the GWP of CO2.

74 Fed. Reg. 16452 at 16453. This has several significant ramifications in the context of the 

GHG RR. First, “[w]hen quantities of the different GHGs are multiplied by their GWPs, the 

different GHGs can then be compared on a CO2e basis.” Id. Second, “[a]ggregating all GHGs on 

a CO2e basis at the source level allows a comparison of the total emissions of all the gases from 

one source with emissions from other sources.” Id. Third, and importantly, most stationary

sources are not subject to the GHG RR and thus are not required to report their GHG emissions 

unless their aggregate facility emissions exceed 25,000 tons of CO2e per year. See, e.g.,74 Fed. 

Reg. at 56266-67. The choice of GWP thus impacts not only the amount of GHG emissions 

reported by a facility, but also whether it is required to report at all. See 78 Fed. Reg. at 19839; 

see also 40 C.F.R. §98.2(b) (requiring use of GWP conversions for emissions to determine 

whether a source meets the GHG RR reporting threshold).

As EPA has recognized, “[a]ccurate and timely information on GHG emissions is essential for 

informing many future climate change policy decisions.” 74 Fed. Reg. at 56265. This is clearly 

true for the GWP values used in the GHG RR as well—in order for the GWPs of various GHGs 

to adequately perform the functions described above, they must be as up-to-date and accurate as 

possible.

EPA’s proposed revisions to the GWPs in the GHG RR are an important step in the right 

direction, but are substantially too limited. The present GHG RR uses GWP values that are 

woefully outdated. Approximately every six years, the IPCC has updated its assessment of 

climate change science, reflecting improved scientific understanding of climate change. The 

2009 GHG RR generally used GWP values from the IPCC Second Assessment Report (“SAR”), 

which was published in 1995. 78 Fed. Reg. at 19808. These values have since been superseded 

by the IPCC’s Third Assessment Report (2001) and Fourth Assessment Report, referred to as 

“AR4” (2007). [Footnote: P. Forster et al., 2007, "Changes in Atmospheric Constituents and in 

Radiative Forcing."Climate Change 2007: The Physical Science Basis. Contribution of Working 

Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change.

Cambridge University Press. (available at 

http://www.ipcc.ch/publications_and_data/ar4/wg1/en/ch2.html.)] EPA now proposes to use 

GWP values from AR4. 78 Fed. Reg. 19808.

We fully support EPA’s decision to update the GWP values used in the GHG RR based on 

improved values contained in updated IPCC assessment reports. We agree with EPA that:

“the IPCC AR4 ...is among the most current and comprehensive peer-reviewed 

assessments of climate change. The AR4 provides revised GWPs of several GHGs 

relative to the values provided in previous assessment reports, following advances in 

scientific knowledge on the efficiencies and atmospheric lifetimes of these GHGs and 

CO2. Because the GWPs provided in the AR4 reflect an improved scientific 

understanding of the radiative effects of these gases in the atmosphere, the values 

provided are more appropriate for supporting the overall goal of the reporting program 
38

to collect GHG data than the SAR GWP values currently included in [the present GHG 

RR].” 78 Fed. Reg. at 19808 (emphasis added).

However, the AR4 represents consensus climate science from one period in time—2007—just as 

the SAR represents the state of that science in 1995. But climate science is not frozen. Rather, it 

continues to advance, and work on the next (fifth) consensus assessment of the climate science 

(“AR5”)—potentially including revised GWPs for some GHGs—is presently underway. 

Publication of the relevant section of AR5 (the Working Group I report) is anticipated in 

September 2013. [Footnote: See https://www.ipcc-wg1.unibe.ch]. EPA’s logic in proposing to 

replace the GWP values in the SAR with those in the AR4 will apply with equal force to 

replacing the GWP values in the AR4 with those in the AR5 when they become available in the 

near future. Because the GWPs to be provided in the AR5 will reflect an improved scientific 

understanding of the radiative effects of increasing the concentration of these gases in the 

atmosphere, the values to be provided in the AR5 will be more appropriate for supporting the 

overall goal of the reporting program to collect GHG data than the AR4 GWP values proposed to 

be included in the revised GHG RR. [Footnote: Consensus GWP values for important GHGs can 

and do change significantly as more mature, comprehensive and accurate science is reflected in 

succeeding IPCC assessments. For example, the GWP of methane, the second most prevalent 

GHG emitted in the US (see, e.g.,

http://www.epa.gov/climatechange/ghgemissions/gases/ch4.html), increased from a value of 21 

in the SAR to a value of 25 in the AR4, an increase of almost 20%. 78 Fed. Reg. at 19807-09 and 

Table 2.]

Response: See Section II.A.2.a of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Darin Schroeder, Clean Air Task Force (CATF) et al.

Commenter Affiliation: Clean Air Task Force (CATF) et al.

Document Control Number: EPA-HQ-OAR-2012-0934-0071-A1

Comment Excerpt Number: 3

Comment: We strongly agree with EPA that it must, at a minimum, update the long-obsolete 

SAR values now used in the GHG RR and that the AR4 values are the most appropriate to use 

until the AR5 issues. Once the next report issues, EPA should incorporate it as soon as possible. 

If EPA is able to further revise the rule with AR5 GWP values in time to allow their use for the 

2014 reporting year, it must do so. If not, EPA must finalize the rule with AR4 values and 

prepare for further updates.

Therefore, EPA must, at a minimum, amend its proposal to clearly state its intention to include 

of the latest GWP values from subsequent IPCC assessment reports or other generally accepted 

sources when they become available to prevent future use of GWPs that are based on outdated, 

and therefore inappropriate, data. In particular, given the scheduled publication of AR5 GWPs 

later in 2013, EPA should finalize this rule with the stated intention of further revising the rule 

when the GWPs in AR5 become available.
39

Response: EPA thanks the commenter for their support for the proposed incorporation of IPCC 

AR4 GWP values into Table A-1. For the response to the comment recommending EPA revise 

Table A-1 after IPCC AR5 is issued, see Section II.A.2.a of the preamble to the final rule.

Commenter Name: Peter Zalzal, Staff Attorney

Commenter Affiliation: Environmental Defense Fund (EDF)

Document Control Number: EPA-HQ-OAR-2012-0934-0100-A2

Comment Excerpt Number: 1

Comment: EDF supports the agency’s efforts to update GWP values consistent with IPCCAR4.

We support the agency’s efforts to deploy the most up-to-date scientific information and agree 

that doing so will be critical to help ensure the MRR produces rigorous information. The agency

has already used updated GWP values from IPCC AR4 in the context of other rulemakings and 

doing so will help ensure consistency across several important programs. [Footnote: See 78 Fed. 

Reg. at 19,808-09. AR4 values were used in EPA’s joint rulemaking with the National Highway

Traffic Safety Administration entitled “Light-Duty Vehicle Greenhouse Emission Standards and 

Corporate Average Fuel Economy Standards,” 75 Fed. Reg. 25,324 (May 7 2010); see also id at 

19,808 (addressing PSD and Title V permitting).] Building on the importance of incorporating 

the latest scientific information, we respectfully urge the agency to consider: 

Incorporating any further-revised GWPs on account of IPCCs Fifth Assessment Report or other 

newly-available information as quickly as practicable; and

Including GWP values on both a 100-year and 20-year time frame, which can provide policy

makers with critical additional information on short-lived, potent greenhouse gases like methane. 

[Footnote: See Ramón A. Alvarez, Stephen W. Pacala, James J. Winebrake, William L.

Chameides & Steven P. Hamburg, Greater Focus Needed on Methane Leakage from Natural Gas 

Infrastructure, 109 PNAS 6435 (2012) (describing the importance of understanding the warming 

potential of methane on different time frames when evaluating fuel switching scenarios).]

Response: EPA thanks the commenter for their support. Regarding the use of GWPs from the 

IPCC AR5, see Section II.A.2.a of the preamble to the final rule. Regarding the use of a 20-year 

GWP for methane, see Section II.A.2.b of the preamble to the final rule.

2.3 Comments on inclusion of new GWPs from the scientific literature

Commenter Name: Peter Zalzal, Staff Attorney

Commenter Affiliation: Environmental Defense Fund (EDF)

Document Control Number: EPA-HQ-OAR-2012-0934-0100-A2

Comment Excerpt Number: 2

Comment: EPA has also proposed to include 26 new fluorinated gases in Table A-1 that were 

not included in IPCCAR4, either because these gases had not yet been developed or because they

had short atmospheric lifetimes or low GWPs. [Footnote: 78 Fed. Reg. at 19,811. ] As a result, 
40

GWPs for those gases “are not currently included in threshold calculations for applicability or in 

the CO2e totals reported by facilities and suppliers.”

EDF strongly supports the agency’s proposal to include GWPs for these gases. Up-to-date GWP

information for fluorinated gases is especially important given the swiftly changing landscape in 

this area, where new fluorinated gases are being developed and others are becoming less 

prevalent. Some of these gases have very low global warming potentials though others are quite 

potent, and accurate GWP information will help characterize these emissions going forward. 

Consistent with our above comments, we respectfully request that EPA revisit these GWP values 

as new fluorinated gases are produced. 

Response: EPA thanks the commenter for their support. However, we are not finalizing the 26 

new fluorinated gases and associated GWPs in Table A-1 in this rulemaking. Based on 

comments that EPA should not include compounds that are not included in an IPCC study or 

peer-reviewed as well as comments on permitting applicability, the EPA is reevaluating its 

approach to assigning GWPs for compounds not included in the IPCC AR4 and may address 

these additional compounds in a separate rulemaking (see Section I.D of the preamble for 

additional information). Regarding the EPA’s intent to update the GWPs in Table A-1 in the 

future, see Section II.A.2.a of the preamble to the final rule.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)8

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 3

Comment: ACC recognizes the value of timely and precise reporting of greenhouse gas 

emission data from facilities through EPA’s Mandatory GHG Reporting Program. To effectively 

track current emission trends, it is essential that the Agency uses the most accurate GWP values 

available to ensure the validity of the data, especially if it were to be used to support a future 

rulemaking.

ACC supports EPA’s proposed addition of GWPs for F-GHGs not previously included in Table 

A-1, as well as the GWPs for F-GHGs listed in EPA’s separate Federal Register Notice of Data 

Availability dated April 5, 2013.2

Response: EPA thanks the commenter for their support. See response to comment EPA-HQOAR-2012-0934-0100-A2, Excerpt 2.

 

8 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106)
41

Commenter Name: David Isaacs, Vice President, Government Affairs

Commenter Affiliation: Semiconductor Industry Association (SIA)9

Document Control Number: EPA-HQ-OAR-2012-0934-0078-A2

Comment Excerpt Number: 2

Comment: When discussing the GHGs and GWPs listed in the 4th Assessment Report, IPCC 

states: “The species in Table 2.14 are those for which either significant concentrations or large 

trends in concentrations have been observed or a clear potential for future emissions has been 

identified.” However, this proposed rule indicates that EPA is contemplating identifying US-only 

GHGs and setting US-only GWPs rather than working through the IPCC to add GHGs and set 

GWPs that are consistent and accepted internationally. EPA acknowledges in the preamble that 

the GWPs for the US-only GHGs could be an order of magnitude over - estimates which means 

they are likely to have to be revised in the future. Changes to the GWPs have consequences 

beyond the reporting rule and should be minimized. SIA asks that EPA work with IPCC to 

identify GHGs and GWPs so they may go through the international review process and will be 

consistent for all countries.

Consistency with the IPCC is very important to our efforts to manage GHGs. Semiconductor 

manufacturing is a global business and, as such, unilateral action taken by one country can 

negatively impact our efforts to track, reduce and report reductions in GHG emissions and place

the semiconductor manufacturers in that country at a competitive disadvantage. To ensure a level 

playing field and consistency in emissions reporting with respect to climate change, the 

semiconductor industry has worked collectively through the World Semiconductor Council 

(“WSC”) to develop consensus GHG emissions reduction goals. WSC members use the IPCC 

4th Assessment Report GWPs to track progress towards their goals. Efforts by EPA to track and 

regulate GHGs in a manner at odds with the IPCC will negatively impact the US semiconductor 

industry. Importantly, if EPA adopts its own set of F-GHGs and GWPs, separate from those of 

the IPCC, we and EPA will be required to keep two sets of records on GHG emissions. IPCC is 

an effective entity in this arena, and we see no benefit in separate EPA action when consistency

is so critical to addressing GHGs internationally. Therefore, with regard to the GWP revisions 

proposed here, SIA supports updating GWPs to the IPCC 4th Assessment Report values. SIA 

does not support action on any of the other GWPs in this proposal or the addition of GHGs not 

listed in Table 2.14 of the IPCC 4th Assessment Report. 

Response: The 26 additional F-GHGs (with associated GWP values) proposed to be added to

Table A-1 in the 2013 Revisions proposal are not included in the final rule (see Section I.D of 

the preamble to the final rule). However, we disagree with the comment that the EPA should list 

GWPs in Table A-1 only after those GWPs have been published in an IPCC Scientific 

Assessment Report. See Section II.A.2.a of the preamble to the final rule for EPA's response to 

comments on the periodic update of GWPs in Table A-1 in the future.

 

9 The comments of the Semiconductor Industry Association were also supported by Texas Instruments Incorporated 

(EPA-HQ-OAR-2012-0934-0063-A1) and Intel Corporation (EPA-HQ-OAR-2012-0934-0090-A2).
42

Commenter Name: Tim Higgs, Corporate Environmental Engineer

Commenter Affiliation: Intel Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0090-A2

Comment Excerpt Number: 2A

Comment: Table 2 in the preamble to the proposed rule lists proposed changes in GWP values 

to 23 materials currently listed in 40 CFR part 98, table A-1, with the intent of making those 

values consistent with the IPCC Fourth Assessment report. Intel agrees that the values in 40 CFR

part 98 should be consistent with IPCC and therefore agrees that these changes should be made. 

EPA then proposes to add 26 new fluorinated greenhouse gases (listed in table 3 of the preamble) 

to Table A-1. These gases are not currently listed in the IPCC fourth assessment report, but 

instead are proposed for listing based on data provided by manufacturers or through other 

available sources. While we recognize the importance of continuing to collect data on 

compounds whose global warming impact is not yet well understood, Intel believes that it is 

important to maintain consistency between the values used by EPA and those published by the 

IPCC and therefore does not recommend adding GWP values to Table A-1 that have not yet been 

reviewed by IPCC or added to its table of values. 

In addition to the mandatory greenhouse gas reporting rule, other important regulatory programs 

utilize the GWP values published in this table, most notably the prevention of significant 

deterioration (PSD) and Title V permitting programs. Changes in the GWP values can result in 

sources being covered by these rules that previously were not, or even alter the determination of 

whether an individual project triggers permitting requirements. In addition, if a source is 

operating under a plant-wide applicability limit (PAL) permit, compliance with the permit or the 

ability to take actions without exceeding the PAL can be impacted every time the GWP values 

change. Given these potentially significant compliance implications, Intel believes that it is 

appropriate to publish new values in Table A-1 only when they have been through a level of 

scientific process and peer review that makes future changes to the values less likely. We believe 

that the most widely accepted criteria for demonstrating this level of scientific acceptance is 

publication in the periodic IPCC reports, and that publication of new values in Table A-1 should 

be limited to those values that have been published in the latest version of the IPCC report. This 

will help minimize changes over time in GWP values, and maximize a regulated source’s ability 

to predict its future permitting requirements. Sources that are obligated to comply with limits or 

permit requirements that are tied to these values depend on as much predictability as possible to 

plan and ensure ongoing compliance with these requirements. Frequent changes in these 

numbers makes such predictability difficult to achieve, and can significantly impact a source’s 

ability to build environmental compliance decisions into its business plans. For these reasons, 

Intel believes that the 26 proposed new values listed in table 3 of the preamble to this proposed 

rule should not be proposed for inclusion in Table A-1, but should instead be brought to IPCC

for consideration for inclusion in future lists of GWPs published by that group. 

Response: The 26 additional compounds identified in the scientific literature proposed to be 

included in Table A-1 are not included in this final rule (see Section I.D of the preamble to the 

final rule). However, we disagree with the comment that EPA should list GWPs in Table A-1 

only after those GWPs have been published in an IPCC Scientific Assessment Report. See 

Section II.A.2.a of the preamble to the final rule for EPA's response to comments on the periodic 

update of GWPs in Table A-1 in the future.
43

As noted by the commenter, other regulatory programs (e.g., the Tailoring Rule) codify the 

GWPs in Table A-1 of Subpart A of 40 CFR part 98 for emissions calculations using CO2e for 

determination of applicability. See Section II.A.2.a and II.A.2.c of the preamble to the final rule 

for the EPA’s response to these concerns.

Commenter Name: Tim Higgs, Corporate Environmental Engineer

Commenter Affiliation: Intel Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0090-A2

Comment Excerpt Number: 5

Comment: Intel recommends that EPA not adopt any GWPs other than those adopted by the

IPCC. In that context, EPA should take the available data on the other materials addressed in this 

proposed rule and provide it to the IPCC. Then EPA should work through the IPCC to get any 

additional GWPs set or reset. Where these GWP changes have impacts to important permitting 

programs, EPA should provide for a delayed effective date for the GWP changes and adopt 

guidance and rules to clarify how sources may transition into or out of Title V, PSD and PALs

without creating non-compliance situations that result simply from the change in the GWPs. 

Response: See Section II.A.2.c of the preamble for the response to this comment.

2.4 EPA’s analysis of the additional F-GHGs and GWPs from the scientific 

literature (including additional data or analysis submitted to support 

GWPS during the public comment period)

Commenter Name: Dana Schnobrich, Senior Environmental Specialist

Commenter Affiliation: 3M Company

Document Control Number: EPA-HQ-OAR-2012-0934-0113-A2

Comment Excerpt Number: 1

Comment: 3M has comments on two of the chemicals which it produces and which have been 

added to Table A-I.

Name CAS No. Chemical Formula GWP (100 yr.)

EPA Proposed

FK-5-1-12 

Perfluorketone; FK5-1-12myy2; nPerfluoroctane; 

Octadecafluorooctane

75-13-8 CF3CF2C(O)CF(CF3)2 1.8

3M Comment FK-5-1-12 

Fluoroketone; KF-5-

75-13-8 CF3CF2C(O)CF(CF3)2 1
44

Name CAS No. Chemical Formula GWP (100 yr.)

1-12mmy2

3M believes that fluoroketone is the appropriate description for this material. n-Perfluoroctane 

and octadecafluorooctane should be removed from the listing. These compounds are described 

by CAS 307-34-6 and a chemical formula of C8F18. We are also requesting that a GWP of 1 be 

assigned for this chemical. In the preamble to the proposed rule, EPA describes the methodology

that was used to assign a value of 1.8. 3M would agree with EPA's preamble statement that, “ ..... 

we do not anticipate that the proposed value would result in substantial over-reporting for the 

magnesium source category.” However, it is our understanding that the summation of direct and 

indirect values has not been consistently applied in Table A-I. It does not appear that an indirect 

component has been included in the GWP value assigned to any other compound. As a result, the 

G WP being assigned to this chemical would be disproportionately higher than other compounds 

on this table.

Response: EPA thanks the commenter for their input. EPA is not finalizing the 26 additional FGHGs (with associated GWP values) emitted or supplied by reporters proposed to be included in 

Table A-1 in this rulemaking (see Section I.D of the preamble to the final rule). See Section 

II.A.2.a of the preamble to the final rule for EPA's response to comments on the periodic update 

of GWPs in Table A-1 in the future.

Commenter Name: Dana Schnobrich, Senior Environmental Specialist

Commenter Affiliation: 3M Company

Document Control Number: EPA-HQ-OAR-2012-0934-0113-A2

Comment Excerpt Number: 2

Comment: 3M has comments on two of the chemicals which it produces and which have been 

added to Table A-I.

Name CAS No. Chemical Formula GWP (100 yr.)

EPA Proposed

C7 Fluoroketone, 

Novec 774/FK-6-

1-12

813-44-5 and 

813-45-6

C7F14O Chemical 

Blend 1

3M Comment C7 Fluoroketone, 

FK-6-1-14

813-44-5 and 

813-45-6

C7F14O Chemical 

Blend 1

Consistent with most other entries into Table A-1, the trade name should be excluded and FK-6-

1-12 should be changed to FK-6-1-14.

Response: See response to comment EPA-HQ-OAR-2012-0934-0113-A2, Excerpt 1.
45

Commenter Name: Dana Schnobrich, Senior Environmental Specialist

Commenter Affiliation: 3M Company

Document Control Number: EPA-HQ-OAR-2012-0934-0113-A2

Comment Excerpt Number: 3

Comment: There is also a minor spelling error in Table A-I. Hexadecofluoroheptane should be 

changed to hexadecafluoroheptane and PFC-6-1-12 should be changed to PFC-6-1-16. (Note: 

The designations listed in the preamble are correct.)

Response: See response to comment EPA-HQ-OAR-2012-0934-0113-A2, Excerpt 1.

2.5 Relationship to other EPA Programs (e.g., Tailoring Rule and PSD 

programs) or state programs

Commenter Name: David Isaacs, Vice President, Government Affairs

Commenter Affiliation: Semiconductor Industry Association (SIA)10

Document Control Number: EPA-HQ-OAR-2012-0934-0078-A2

Comment Excerpt Number: 6

Comment: Any changes to the GWPs in Table A-1 and any changes to the gases listed in Table

A-1 unavoidably create discontinuities in the assessment of emissions under the permitting rules. 

This in turn can create shifts in the permitting requirements that are solely the result of the 

changes to Table A-1. We recognize that the Reporting Rule will continue to evolve. 

Nonetheless, to use it for permitting, we must have an orderly and non-punitive way to change 

emissions tracking and compliance determinations when the Reporting Rule changes. A one year 

transition period in the effective date of the new GWPs will support such an orderly transition.

The first instance where the GWP changes will be important to compliance under the Tailoring 

Rule is for compliance with Title V operating permit requirements. To the extent the new GWPs 

increase the CO2e assessment of a facility’s emissions, that change can cause a source’s potential 

to emit (PTE) to rise such that it becomes a major source. In such an instance, the source needs at 

least one year from the change in the GWPs, to assess the impact and, if need be, submit a Title 

V application. We understand that this is current EPA policy with regard to facilities becoming 

subject to Title V for the first time and we ask that EPA affirms this as soon as possible.

Additionally, if a source has taken a synthetic minor limit on its CO2e emissions to remain below 

the Title V permit threshold, and now finds it can no longer meet the synthetic minor limit with 

the new reporting rule GWPs, three things are needed:

 

10 The comments of the Semiconductor Industry Association were also supported by Texas Instruments Incorporated 

(EPA-HQ-OAR-2012-0934-0063-A1) and Intel Corporation (EPA-HQ-OAR-2012-0934-0090-A2).
46

The source should have the option of continuing to use the prior accounting methods for up to 

one year, to have time to change its emissions tracking system and determine if the synthetic 

minor is no longer viable.

If it is determined that the synthetic minor is no longer viable, the source should have one year to 

file for a change in the synthetic minor limit or file a Title V application, if needed.

There should be no penalty for non-compliance with the synthetic minor limit or Title V 

permitting requirements so long as the necessary applications were filed within one year of the 

change in the GWPs.

The first two measures are consistent with a one year delay in the effective date of the new 

GWPs under the tailoring rule. The final measure can be implemented through agency guidance.

One SIA member has determined that the new GWPs will cause noncompliance with an existing 

synthetic minor permit CO2e limit at one of their facilities simply because of the new weighting 

of emissions. EPA should provide this facility – and others in the same situation – with a clear 

way of transitioning to the new GWPs without facing noncompliance with their current permit 

limit as early as the day the new GWPs are adopted. The one year delay in the effective date of 

the revision to Table A-1 provides that.

Response: Consistent with the approach set forth in the Tailoring Rule, EPA is not granting a 

delay of the effective date of the Table A-1 values for permitting purposes. However, to the 

extent that a source has a change in its Title V applicability as a result of this GWP revision, 

there is a 12-month transition period built into the Title V rules. Furthermore, for some PSD 

programs, states will have to amend their state rules and SIPs in order to use the new GWPs, so 

sources in these states will be allotted additional time. See Section II.A.2.c of the preamble to the 

final rule for EPA's response to this comment.

Commenter Name: Tim Higgs, Corporate Environmental Engineer

Commenter Affiliation: Intel Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0090-A2

Comment Excerpt Number: 3

Comment: Since the GWP values published in the reporting rule are also utilized in these

important compliance programs, the final rule should provide clear guidance on how some of the 

issues that arise when the GWPs are changed should be handled. In the case of Title V 

permitting, if the new GWPs increase the CO2e emissions of a facility such that it becomes a 

major source the effective date of the rule should be at least one year from the publication date to 

allow the source to assess the impact and submit a Title V application if one is necessary, or 

determine how they might take on a synthetic minor limit to avoid Title V. Additionally, if a 

source has taken a synthetic minor limit on its CO2e emissions to remain below the Title V 

permit threshold, and is unable to meet the synthetic minor limit with the new GWPs, the one 

year delay in effective date would allow the source the needed time to determine if the synthetic 

minor permit is no longer viable using the updated emissions calculations. If it is determined that 
47

the synthetic minor is no longer viable, the source should have one year to file for a change in the 

synthetic minor limit or file a Title V application, if needed. There should be no penalty for noncompliance with the synthetic minor limit or Title V permitting requirements so long as the 

necessary applications were filed within one year of the change in the GWPs.

Response: See Section II.A.2.c of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: David Isaacs, Vice President, Government Affairs

Commenter Affiliation: Semiconductor Industry Association (SIA)11

Document Control Number: EPA-HQ-OAR-2012-0934-0078-A2

Comment Excerpt Number: 7

Comment: Just as a source can become subject to Title V for the first time, a source can 

become subject to PSD review for the first time. As with Title V, sources need time to determine 

if they are now over the PSD applicability threshold and to create a mechanism to evaluate PSD 

applicability for projects that previously were not subject to a PSD review. A facility in this 

position should have one year from the date the rule is final to implement the change in the 

GWPs when conducting PSD applicability determinations. Further, if a synthetic minor source 

limit has been established for PSD, the same treatment should be given that is proposed above 

for a synthetic minor limit relative to Title V. That is, the facility should be allowed to use the 

current GWPs for one year and also have that one year to have the synthetic minor limit 

removed. For sources that are already subject to PSD review, the outcome of applicability 

determinations for projects will change. Because of this, EPA must clarify that a facility that is 

already subject to PSD has one year from the date that the GWPs are adopted to implement the 

GWP changes and apply them to PSD applicability determinations for specific projects. At the 

very minimum, any project that is permitted or has begun construction within 90 days after the 

GWP changes must be excluded from reevaluation with the new GWPs. 

Response: See Section II.A.2.c of the preamble to the final rule for EPA's response to this 

comment. With respect to synthetic minor limits established solely in terms of CO2e, whether the 

limit was taken to avoid PSD or Title V, as explained in the preamble, the source should analyze 

any permit and regulatory provisions governing the calculation of CO2e for purposes of 

compliance with the permit. Even where the calculation of CO2e under those provisions would 

change for a source, the EPA believes most sources will still be able to comply with synthetic 

minor source permits because there is no GWP change for CO2 and the change in GWP for the 

other GHG compounds is generally small. Thus, we do not expect the GWP revisions to 

significantly alter CO2e emissions for most types of sources, particularly sources in which most 

of their GHG emissions result from fuel combustion. However, where a source anticipates 

difficulty in compliance with its synthetic minor source limit, it should work with its permitting 

authority to address its specific situation. 

 

11 The comments of the Semiconductor Industry Association were also supported by Texas Instruments Incorporated 

(EPA-HQ-OAR-2012-0934-0063-A1) and Intel Corporation (EPA-HQ-OAR-2012-0934-0090-A2).
48

Commenter Name: David Isaacs, Vice President, Government Affairs

Commenter Affiliation: Semiconductor Industry Association (SIA)12

Document Control Number: EPA-HQ-OAR-2012-0934-0078-A2

Comment Excerpt Number: 8

Comment: The final area where the GWP changes come into play is compliance with existing 

CO2e emissions limits. Those limits are in three categories: 

PSD avoidance limits (a limit on the CO2e emissions of a project to keep the project out of PSD). 

These kinds of permit limits should be treated the same as Title V synthetic minor limits, as 

described above. The source should be able to seek a revision to the limit to be consistent with 

the new GWPs during the one year period before the new GWPs go into effect. There must also 

be assurance that past projects will not be subjected to reevaluation under PSD simply because 

the reporting rule has changed since the project was permitted or started.

BACT limits. The change to the GWPs that apply when determining compliance with a BACT 

limit that is expressed on a CO2e basis could put a source out of compliance simply due to the 

GWP change. Sources should be allowed to use the old reporting rule GWPs and methods for a 

year after the new GWPs are set and also be allowed to seek a redetermination of the limit 

within that year without having to reopen the PSD permit and the BACT determination.

PALs. Sources should have one year from the date the new GWPs are set in order to convert to 

the new emissions tracking method and file a request to recalculate the PAL limit to address the 

change if that is also needed. If the change in the reporting rule GWPs presents a problem in 

meeting the PAL that cannot be fixed by re-determining the PAL itself, an off ramp must be 

available to remove the PAL without any punitive implications. [Footnote: This situation can 

arise if the profile of GHGs has changed since the PAL was set such that the PAL was set with 

one set of gases but compliance reflects another set of gases such that the impact of the GWPs is 

small on the baseline gases but large on the current gases. In this instance the PAL

redetermination will not necessarily mean an increase in the PAL level and a path for compliance 

under a set of unforeseen circumstances.] 

Response: See Section II.A.2.c of the preamble to the final rule for additional guidance and the 

response to EPA-HQ-OAR-2012-0934-0078-A2, Excerpt 7.

Commenter Name: Tim Higgs, Corporate Environmental Engineer

Commenter Affiliation: Intel Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0090-A2

Comment Excerpt Number: 4

 

12 The comments of the Semiconductor Industry Association were also supported by Texas Instruments Incorporated 

(EPA-HQ-OAR-2012-0934-0063-A1) and Intel Corporation (EPA-HQ-OAR-2012-0934-0090-A2).
49

Comment: In the case of PSD applicability, setting the effective date of the final rule at one 

year after publication should help alleviate problems in determining applicability of recent 

projects. In this case, EPA should make it clear that the new GWPs would only be applied to any

new major source or major modification that has not begun actual construction by the effective 

date of the rule (i.e. one year after publication). Projects that have begun actual construction prior 

to that effective date should not be subject to a reevaluation of PSD applicability based on the 

new GWP values. 

Baseline actual emissions determinations, and baseline adjustments used to set PAL emission 

caps, also may rely on past GWPs and reporting protocols. A source should always have the 

option of making a determination of baseline actual emissions using past reported emissions. For 

emissions in years that pre-date GHG reporting, a source should be able to use prior reporting 

methods, if all the data needed to determine baseline actual emissions with the new GHG

reporting methods is not available. If updating historical emissions determinations with the new 

GWPs and the newly added greenhouse gases is not possible, it should be acceptable to use 

whatever data is available. If changes to calculated PAL levels are needed, sources should have 

one year to convert to the new GWPs and at their option file a request to recalculate the PAL 

limit to address the change. Such a calculation should not require reopening the permit, and 

should instead be handled as a technical correction. When new materials are added to Table A-1, 

it is possible that the source may be lacking information about the baseline level of emissions of 

those materials since there was no regulatory requirement to track them prior to their addition. In 

that instance, Intel believes that the source should be allowed to adjust the baseline upward for 

those materials based on the current emissions, or at the very least be allowed to use engineering 

estimates of past emissions based on current knowledge. Otherwise, the source could lose some 

of its PAL headroom not due to emissions increases, but simply by adding materials that the 

source was not able to include in its baseline. If the change in the reporting rule GWPs presents a 

problem in meeting the PAL that cannot be fixed by redetermining the PAL itself, an off ramp 

must be available to remove the PAL without any punitive implications. 

Response: See Section II.A.2.c of the preamble to the final rule for EPA’s response to this 

comment.

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 6

Comment: Until July 2011, when the Indian Country Minor Source Rule was promulgated, the 

only mechanism for obtaining permits in Indian Country was via the PSD and/or Title V 

permitting programs. Review of New Sources and Modifications in Indian Country, 76 Fed. Reg. 

38748 (July 1, 2011). As such, operators did not have the option to permit their facilities as 

“synthetic minor” sources based on federally enforceable emission limits. In the absence of a 

minor source permitting program, facilities were not allowed to account for emission controls 

when calculating their potential to emit (“PTE”) unless the controls were specifically required by 

a federally enforceable emission standard, such as a new source performance standard or a 
50

national emission standard for hazardous air pollutants. With the promulgation of the Indian 

Country Minor Source Rule EPA introduced a minor source preconstruction permitting program 

requiring preconstruction permits starting on September 2, 2014.The Indian Country Minor 

Source Rule also introduced a synthetic minor permitting program allowing sources to apply for 

federally enforceable emission limits on a voluntary basis starting in August 30,2011.

Due to the historic lack of a minor source permitting program, most minor sources in Indian 

Country are not permitted at all. Because they lack federally enforceable limits, the Proposed 

Rule would increase these sources’ PTE by four tons CO2e for every ton of potential methane 

emissions, regardless of whether their methane emissions are effectively controlled. The 

proposed change to the GWP will likely push many borderline true minor sources above the Title 

V and PSD GHG major source thresholds. These sources would be heavily impacted by a 

requirement to obtain a Title V permit and by the fact that they would become subject to PSD. 

Under the current GWP potential values, these true minor sources in Indian Country are not 

subject to preconstruction permitting. If they are suddenly subject to regulation as PSD major 

sources due to an unforeseen change in how EPA calculates CO2e, planned expansions to these 

facilities will be disrupted by the delays, regulatory burdens, and litigation risks that are inherent 

in PSD permitting. Being suddenly subjected to PSD would also affect sources by restricting 

their flexibility to expand in the future. Sources that are currently just below PSD thresholds can 

be modified without PSD review so long as the modification, by itself, would not increase 

emissions by more than the PSD threshold for new sources (i.e., 100,000 tpy CO2e). However, if 

the new GWP values subject the facility to PSD, it loses that flexibility. A future modification 

would trigger PSD review if it increases emissions of GHGs or any criteria pollutant by more 

than its significance threshold. The Proposed Rule creates uncertainty for Indian Country 

sources. This uncertainty is magnified by the fact that EPA is just now rolling out the minor 

source rule.

Response: Major sources of emissions locating in Indian Country prior to the effective date of 

the “Review of New Sources and Modifications in Indian Country” final rule (the Tribal NSR 

Rule) should have gotten PSD permits or worked with the appropriate EPA regional office to 

identify a mechanism to effectively limit their emissions to minor source levels prior to 

construction. The Tribal NSR Rule has greatly simplified the process by providing such major 

sources with the option to obtain a “synthetic minor” permit with enforceable requirements to 

limit emissions to below the major source thresholds instead of getting a major source permit. 

Major sources must obtain either a major source permit or a synthetic minor permit prior to 

construction or making a major modification. Minor sources – those with PTE below the major 

source threshold but at or above the minor source thresholds in the Tribal NSR Rule – that will 

construct or modify their sources in Indian Country after September 2, 2014 must obtain minor 

source permits prior to construction. Existing sources were required to register with the 

appropriate EPA regional office by March 1, 2013, or within 90 days of beginning operation. 

EPA does not intend that existing minor sources would become subject to major NSR 

permitting requirements just because of the change in the GWP. So, an existing “borderline” 

minor source in Indian Country would not become subject to the PSD requirements for 

previously permitted construction, simply because of the GWP change. However, when that 

existing source is modified in the future, it would be required to use the most current GWPs, 

which could result in the source being considered major for PSD and being required to obtain a 
51

major source (or synthetic minor) permit. In addition, if a previously minor title V source 

becomes a “major source” under title V by applying the revised GWPs,the source generally

would have one year from the effective date of the GWP change to submit an application for a 

part 71 (title V) permit or to be issued a synthetic minor permit to avoid title V applicability. See 

also Section II.A.2.c of the preamble to the final rule for additional explanation of how the 

revisions in this rule could interact with permitting requirements.

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 7

Comment: In its proposal to make the amendments to Table A-1 effective for existing sources 

in the 2013 reporting year and for new sources in the 2014 reporting year, EPA considered only 

the ability of sources to collect and report emissions data. EPA failed to consider the ability of 

sources and permitting agencies to implement the substantive impacts of an amendment to Table 

A-1. QEPFS urges EPA to postpone the effective date of the new GWP factors until at least 

2017.

A delayed effective date is particularly important for sources in Indian Country. If the Proposed 

Rule is finalized in 2013 as proposed, such sources are likely to apply for a large number of 

voluntary synthetic minor permits as a protective measure. This would create an unnecessary

burden on both industry and EPA. A delayed effective date would mitigate this by allowing 

Indian Country sources an opportunity to voluntarily permit their facilities as synthetic minor 

sources in an orderly manner. Oil and gas companies like QEPFS have very long business 

planning cycles. Companies have already committed significant capital to ordering long lead 

time equipment for planned facilities in Indian Country based on the current permitting 

thresholds and applicable GWP values. We require a lead time of three to four years to work 

through those projects that are already underway, reevaluate future projects that are planned, and 

adjust our business plan. A phase-in period is particularly important in Indian Country where 

historically there has been no preconstruction permit program for minor sources.

Response: See response to comments EPA-HQ-OAR-2012-0934-0066-A1, Excerpt 6.

Commenter Name: Tim Higgs, Corporate Environmental Engineer

Commenter Affiliation: Intel Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0090-A2

Comment Excerpt Number: 2B
52

In addition to the mandatory greenhouse gas reporting rule, other important regulatory programs 

utilize the GWP values published in this table, most notably the prevention of significant 

deterioration (PSD) and Title V permitting programs. Changes in the GWP values can result in 

sources being covered by these rules that previously were not, or even alter the determination of 

whether an individual project triggers permitting requirements. In addition, if a source is 

operating under a plant-wide applicability limit (PAL) permit, compliance with the permit or the 

ability to take actions without exceeding the PAL can be impacted every time the GWP values 

change. Given these potentially significant compliance implications, Intel believes that it is 

appropriate to publish new values in Table A-1 only when they have been through a level of 

scientific process and peer review that makes future changes to the values less likely.

Response: Regarding the effect of the revisions to the GWP values on the PSD or Title V 

programs, see Section II.A.2.c of the preamble to the final rule for EPA’s response to this 

comment. For the comment regarding EPA’s intent to periodically update the GWPs in Table A1, see Section II.A.2.a of the preamble to the final rule. 

Commenter Name: Matt Hall

Commenter Affiliation: Consumers Energy Company

Document Control Number: EPA-HQ-OAR-2012-0934-0072-A1

Comment Excerpt Number: 2

Comment: EPA, via the final Prevention of Significant Deterioration (PSD) and Title V 

Greenhouse Gas Tailoring Rule (Tailoring Rule), established thresholds for PSD applicability for 

CO2 equivalent (CO2e) emissions. In that rulemaking, EPA required that “wherever you perform 

an emissions calculations involving CO2e for the purposes of determining the applicability of 

PSD or Title V requirements, you use the GWP values codified in the EPA’s mandatory GHG 

reporting rule.” These applicability determinations are the basis for permitting actions which 

require periodic compliance demonstrations. Often, those compliance measures are 

memorialized in the permit by referencing the source of emission factors. If the GWP values in 

Table A-1 are included in a permit, and EPA revises those values, then a previous determination 

may be called into question.

This is troubling because EPA has not indicated how they intend to reconcile changes to existing 

applicability determinations in this proposed rulemaking; again, an unnecessary and complex 

exercise that can and should be avoided by grandfathering previous filings and determinations 

made under prior EPA-approved GWPs. Instead, the proposed rule states that “(t)o the extent 

that a Table A–1 amendment raises permitting implementation questions or concerns, EPA’s 

regional offices and the Office of Air Quality Planning and Standards, which manage the PSD 

and title V programs, will work with permitting authorities and other stakeholders as necessary

to provide guidance on their issues and concerns.” It is not in the public interest to create such 

widespread uncertainty, with likely non-uniform responses by EPA’s 10 regions and the 50 

states, when all parties acted under the GWP science approved by EPA at the time of submittal. 

Past actions should not be subject to liability when completed in good faith under an EPA 

approved program.
53

Response: 

See Section II.A.2.c of the preamble to the final rule for EPA’s response to this comment.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)13

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 6

Comment: WM is deeply concerned over the lack of clarity provided by EPA with respect to 

the practical and/or legal effect of the revisions to the GWP values on regulatory programs such 

as PSD or Title V permitting. As the Agency knows, the GWP values are used by EPA and 

authorized states to determine the applicability of the PSD and Title V permitting programs. The 

Agency has made it clear that it is considering applying the revised GWP values to prior 

reporting years under the GHG Reporting Rule. However, the Agency has provided almost no 

guidance as to whether the change to the GWP values and previously reported data would also 

affect prior PSD and Title V determinations. The preamble to the Technical Corrections 

ambiguously provides that EPA will "work with permitting authorities and other stakeholders as 

necessary to provide guidance" on questions regarding PSD and Title V applicability. 78 Fed. 

Reg. 19802, 19809. This statement provides no direction to either the states or the regulated 

public with respect to the legal effect of EPA’s rule changes, or EPA’s intentions for the manner 

in which the proposal may affect important regulatory programs. 

EPA’s vague statements with respect to PSD and Title V permitting create a tremendous amount 

of uncertainty for the regulated community. By failing to clarify the legal effect of the revisions 

to the GWP values on the PSD or Title V programs, EPA has created the potential for significant 

confusion with respect to the status of certain GHG reporters relating to PSD and/or Title V. This 

concern is substantial for facilities within the municipal waste landfill sector, which will be 

subject to an approximate 20% increase in GHG emissions as a result of the proposed GWP 

revision, and is expected to have the most new GHG reporters as a result of the rule. Moreover, 

EPA’s failure to clarify the effect of the proposal on existing facilities may leave open the 

possibility for agency enforcement action, a citizen suit, and/or the reopening of a previously 

approved permit.

Response: Regarding the potential retroactive impact, see Section III.B of the preamble to the 

final rule. Regarding the effect of the revisions to the GWP values on permitting under the PSD 

or Title V programs, see Section II.A.2.c of the preamble to the final rule for EPA’s response to 

this comment.

 

13 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
54

Commenter Name: John L. Wittenborn and Joseph J. Green, Counsel, Kelley Drye & Warren 

LLP

Commenter Affiliation: Steel Manufacturers Association (SMA)

Document Control Number: EPA-HQ-OAR-2012-0934-0045-A1

Comment Excerpt Number: 2

Comment: SMA is concerned about the impact of the revised GWP values on the prevention of 

significant deterioration (PSD) and Title V permitting programs. While the agency appears to 

recognize the need for guidance on this issue, particularly with respect to permitting applicability 

determinations, SMA urges the agency to issue uniform guidelines concurrently with the 

issuance of the final revised GWP values, rather than relying on a potentially piecemeal 

approach through the EPA’s regional offices. See 78 Fed. Reg. at 19,809. In particular, EPA 

should issue guidance clarifying that pending permit applications or applicability determinations 

should be assessed on the basis of the GWP values that are in force as of the date of the permit 

application or applicability determination. Moreover, the agency should make clear that existing 

permits, pending permits, and permit applications at the time the revised GWP values are 

adopted should not be required to be amended to reflect the new GWP values. 

Response: See Section II.A.2.c of the preamble to the final rule for EPA’s response to this 

comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 9

Comment: Regardless of whether EPA proceeds with its proposed revisions to the GWPs in 

Table A-1, the Agency should reconfirm that the GHG emissions reported pursuant to the 

GHGRP do not figure into determinations as to the applicability of other CAA regulatory

programs. Indeed, this position is consistent with EPA statements in the final “Prevention of 

Significant Deterioration and Title V Greenhouse Gas Tailoring Rule,” 75 Fed. Reg. 31,514 

(June 3, 2010) (“Tailoring Rule). For instance, EPA noted in the Tailoring Rule that the GHGRP 

requires reporting of actual emissions in metric tons while applicability determinations under the

prevention of significant deterioration (“PSD”) and Title V permitting programs are based on 

estimates made in short tons. Id. at 31,532. The Tailoring Rule emphasizes the importance of 

maintaining the traditional PSD and Title V approaches to determining the applicability of those 

programs and concludes that consistency of those approaches with the methodology used in the 

GHGRP is unnecessary. Id. at 31,532-33. At a minimum, EPA should make clear, if it finalizes

its proposed changes to the GHGRP, that those changes have no bearing on other CAA programs 

like PSD and Title V, and that the positions stated in the Tailoring Rule remain valid.

Response: See Section II.A.2.c of the preamble to the final rule for the response to this 

comment.
55

Commenter Name: David Isaacs, Vice President, Government Affairs

Commenter Affiliation: Semiconductor Industry Association (SIA)14

Document Control Number: EPA-HQ-OAR-2012-0934-0078-A2

Comment Excerpt Number: 5

Comment: More important than the impact on reporting of emissions is the impact that changes 

to the GWPs has on compliance with EPA permitting requirements under the Tailoring Rule. 

One of the advantages of the comprehensive GHG reporting system that EPA has created under 

40 CFR Part 98 is the ability of government and industry to rely on it when complying with EPA 

permitting requirements. [Footnote: While emissions quantification needs under the permitting 

rules (determining applicability or complying with permit limits) will not always match those of 

the reporting rule, it is critical that parties can rely on the reporting rule for appropriate methods 

to determine emissions. Some departures are necessary. There is a difference in the gases that are 

regulated and, in permitting, there is the potential need to track emissions over shorter time 

periods or for specific uses of gases. Even in those instances where departures are needed, the 

reporting rule provisions are the appropriate point of departure for emissions tracking under the 

permitting rules.] Industry needs to be able to rely on the reporting rule for emissions analyses 

under EPA permitting programs, for consistency between reporting and compliance 

demonstrations and consistency across facilities. We understand this is EPA’s position as well 

and we ask that this position be affirmed. 

Response: See Section II.A.2.c. of the preamble to the final rule. 

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)15

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 7

Comment: WM is not aware of any precedent under the Clean Air Act that would require 

existing facilities to apply new standards or emission factors retroactively, or that would subject 

existing facilities to regulatory requirements based on such retroactive application. In this 

context, for example, EPA must clarify that prior permit determinations should not be reopened 

or collaterally attacked based on revised (increased) GHG emission estimates. If emissions from 

a non-Title V facility would increase above major source thresholds as a result of the GWP

revision, the transition to Title V status may not be deemed to have occurred at any point prior to 

EPA’s promulgation of the proposed rule. Likewise, to the extent that a non-PSD source would 

exceed PSD major source thresholds as a result of the GWP revision, such status may only be 

applied prospectively. Most importantly, modification projects undertaken prior to the GWP

 

14 The comments of the Semiconductor Industry Association were also supported by Texas Instruments Incorporated 

(EPA-HQ-OAR-2012-0934-0063-A1) and Intel Corporation (EPA-HQ-OAR-2012-0934-0090-A2).

15 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
56

revision may not be reopened on the basis of changed emission estimates or PSD status, and the 

Tailoring Rule PSD requirements may only apply to modification projects that occur after the 

rule revisions. Under no circumstances should any calculated increase in GHG emissions 

resulting from the proposed GWP revisions be interpreted for regulatory applicability purposes 

to constitute or relate to a facility modification. 

Given the legal precedent regarding retroactive rulemaking, EPA could not have intended that 

the PSD/Title V implications of the proposed rule would be retroactive. Specifically, the U.S. 

Supreme Court has consistently made clear that retroactivity is not favored in the law. Bowen v. 

Georgetown Univ. Hosp., 488 U.S. 204, 208-209 (1988). Absent an express statutory grant, 

courts generally will not find that an agency rule has retroactive effect. The general disfavor of 

retroactivity is based on considerations of fair notice, reasonable reliance, and settled 

expectations, all of which are applicable considerations in the current context. Landgraf v. USI

Film Products, 511 U.S. 244, 270 (1994). 

In determining whether a regulation has retroactive effect, courts consider "whether it would 

impose new duties with respect to transactions already completed." Id. at 280. Courts have 

distinguished between regulations that impose new sanctions on past conduct, which are invalid 

unless specifically authorized, and regulations that merely "upset expectations," which are 

invalid only if arbitrary and capricious. Nat'l Petrochemical & Refiners Ass'n v. EPA, 630 F.3d 

145, 159 (D.C. Cir. 2010). These two categories are generally referred to as "primary" and 

"secondary" retroactivity, respectively. 

Applying these principles to the Technical Corrections, the retroactive application of PSD or 

Title V would be considered as having "primary" retroactive effect because it would impose new 

sanctions on past conduct (e.g., construction/modification without a PSD permit). As such, the 

rule would likely be challenged and struck down because the Clean Air Act does not authorize 

EPA to implement rules with primary retroactive effect. Sierra Club v. Whitman, 285 F.3d 63, 68 

(D.C. Cir. 2002). 

Because of the lack of clarity, and to avoid legal challenges that will delay and encumber the 

rulemaking, WM requests that the Agency explicitly provide in the Technical Corrections that 

the revisions to the GWP values would not retroactively apply to PSD, Title V, or any other 

regulatory program that relies on the GWP values. By contrast, the GWP revisions may only

apply prospectively, in a manner that provides clear notice to affected facilities with respect to 

the manner in which the revisions will be implemented and the legal effect of the revisions on 

related regulatory programs.

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: Pamela F. Faggert, Vice President and CEO

Commenter Affiliation: Dominion Resources Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0073-A1

Comment Excerpt Number: 3
57

Comment: In no circumstances should changes to the GWPs or GHG reporting requirements, if 

finalized, affect permit applicability determinations under other CAA programs. At a minimum, 

EPA should make clear that any changes to the GWPs and GHG reporting requirements applied 

retroactively would have no bearing on any permit applicability determinations pertaining to 

Prevention of Significant Deterioration (PSD), minor source NSR and Title V made prior to the 

effective date of a final rule.

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: David Biderman, General Counsel, Vice President (VP), Government 

Affairs

Commenter Affiliation: National Solid Wastes Management Association (NSWMA)

Document Control Number: EPA-HQ-OAR-2012-0934-0053-A2

Comment Excerpt Number: 5

Comment: The retroactive revision of GHG emission data will create regulatory uncertainty

concerning whether these changes will affect permitting under other EPA regulatory programs 

(i.e., Prevention of Significant Deterioration (PSD) or Title V). EPA's proposal does not provide 

sufficient guidance to landfills concerning whether the proposed changes to the GWP value of 

methane would affect prior PSD or Title V determinations. EPA has vaguely stated it will "work 

with permitting authorities and other stakeholders as necessary to provide guidance" on 

questions regarding PSD and Title V applicability. 78 Fed. Reg. at 19,809. This statement does 

not provide sufficient direction to the states, landfill owners, or others concerning the impact of 

the proposed retroactive application of the revised GWP value of methane. Importantly, EPA's 

lack of clarity concerning this issue raises the possibility of reopening a previously approved 

permit, a citizens lawsuit, and/or an EPA enforcement action. To eliminate these problems, 

NSWMA urges the Agency to provide explicitly in the Technical Corrections clarification that 

the revisions to the GWP values would not retroactively apply to PSD, Title V, or any other 

regulatory program that relies on the GWP values.

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment. 

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 2

Comment: As EPA notes in the preamble, other EPA programs, such as the Greenhouse Gas 

Tailoring Rule, use the GWP values in Table A-1 to determine applicability and to set emission 

levels for CO2 equivalents. Therefore, an amendment to the GWP values in Subpart A and 
58

changes to emission factors in other subparts may affect permitting program applicability and 

limits for a source. In order to minimize confusion and re-work, these changes should only apply 

to projects that occur after the effective date of EPA’s amendments to the Greenhouse Gas 

Reporting Rule (40 CFR 98). The changes should have no retroactive impact on: Prior PSD or 

Title V permit determinations; Calculations of project emission increases or decreases for netting 

calculations; or for pending permit applications that are deemed administratively complete prior 

to the effective date of these rule changes.

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

16

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 3

Comment: On page 78 FR 19808, EPA indicates that amending Table A-1 may affect 

emissions reported under the PSD or Title V permitting programs. The Preamble states that 

sources assessing the applicability under the PSD or Title V permitting program should be aware 

of the proposed changes to Table A-1 that may affect the CO2e emissions of the source once the 

Table A-1 amendment is promulgated and effective. For example 40 CFR 52.21(b)(49)(ii)(a) 

references Table A-1 of 40 CFR 98 to calculate CO2e emissions for the aggregate of carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride 

emissions. 

Changes in GWP should have no retroactive impact on prior PSD or Title V applicability

determinations or permit applications that were deemed administratively complete prior to the 

effective date of this rule. This includes, but is not limited to, evaluating compliance with permit 

or regulatory limits or determining whether a source is subject to PSD permitting or NSPS 

requirements. Such situations should not be affected by the new GWP’s and no reanalysis of the 

prior applicability determination shall be required. 

Existing permit conditions with CO2e limitations, based on the prior GWPs, should continue to 

use the GWPs in effect when the permit was issued. Existing permit conditions expressed in 

CO2e emissions may be updated in periodic Title V renewals by a simple ratio of the newGWP/prior-GWP. Such permit condition updating should be considered an Administrative 

Amendment not requiring EPA notice and comment. 

Minor source facilities with existing permits that have a negative GHG permitting applicability

(Title V or PSD) based on GWPs in use at the time of permit issuance shall not be required to 

initiate a permit modification or perform PSD review due strictly to the use of a revised GWP. 

 

16 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
59

In addition, retroactive application of GWP values may interfere with baseline emissions and 

other data submitted to state programs, such as California. 

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment. Regarding existing title V permits, nothing in this final rule changes 

the procedural requirements for title V permit amendments. The permit amendment 

requirements for any specific circumstance may vary according to the requirements of the state 

program and the specific relevant facts. EPA expects that permit holders will coordinate with 

their permitting authorities if permit amendments are necessary and that permitting authorities 

will continue to provide notice of amendments to EPA, consistent with the requirements of Part 

70.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 9

Comment: If Part 98 revisions are incorporated into the NSR and Title V rules, they must not 

apply retroactively.

If the Part 98 GWP revisions are also incorporated into the NSR and Title V programs, GPA 

urges the EPA to clarify that these factors would not be applied retroactively to past applicability

determinations and that no reanalysis of the prior applicability determinations should be 

required. 

Existing permit conditions with CO2e limitations, based on the prior GWPs, should continue to 

use the GWPs in effect when the permit was issued. Existing permit conditions expressed 

inCO2e emissions may be updated in periodic Title V renewals by a simple ratio of the new 

GWP/prior-GWP. Such permit condition updating should be considered an Administrative 

Amendment not requiring EPA notice and comment. 

Minor source facilities that were not subject to GHG permitting applicability (Title V or PSD) 

based on GWPs in use at the time of permit issuance or start of construction (e.g. for facilities 

located in Indian Country) must not be required to initiate a permit modification or perform PSD 

review due strictly to the use of a revised GWP.

Response: For EPA’s response to this comment, see Section II.A.2.c and Section III.B.2 of the 

preamble to the final rule and the response to EPA-HQ-OAR-2012-0934-0047-A2, Except 3.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)
60

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 13

Comment: The Proposed Rule indicates that amending Table A-1 affects emissions reported 

under the PSD and Title V permitting programs [78 FR 19808]. The preamble states that for 

sources assessing applicability under the PSD or Title V permitting program, the proposed 

changes to the GWP Table A-1 values could affect the CO2e emissions from sources subject to 

PSD and Title V permits under the Tailoring Rule. Changes in the GWP should not be 

retroactively applied to applicability determination for PSD review or Title V operating permits 

that were submitted and deemed administratively complete prior to the effective date of this rule. 

Compliance under existing permits should be evaluated based upon the GWP that was used to 

determine CO2e emissions levels in those existing permits. In the final rule, EPA should clearly 

explain application of revised GWPs for PSD and Title V permitting consistent with these 

principles.

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 2

Comment: AFPM is concerned about the potential impact on present Prevention of Significant 

Deterioration (PSD) and Title V permits that include GHG emission limits based on the previous 

version of Table A-1. Facility permitting can consume significant resources of affected facilities 

and state agencies. The revisions create the possibility that facilities whose operations are or 

were permitted at a certain level may, as a result of the rule, now exceed limits in recently-issued 

permits based upon EPA’s revisions to the global warming potentials (GWPs). The resulting 

effects could reach much further than individual facilities. As EPA notes in the preamble, other 

EPA programs, such as the Greenhouse Gas Tailoring Rule, use the GWP values in Table A-1 to 

determine applicability and to set emission levels for CO2 equivalents (CO2e). Therefore, an 

amendment to the GWP values in Subpart A and changes to emission factors in other subparts 

may directly affect permitting program applicability and limits for a source. To minimize 

confusion and adjustment to previous submissions, these changes should only apply to projects 

that occur after the EPA’s amendments to the GHG Reporting Rule have been promulgated. 

The changes should have no retroactive impact on prior PSD or Title V permit determinations, 

calculations of project emission increases or decreases for netting calculations, or pending permit 

applications that are deemed administratively complete prior to the effective date of these rule 

changes. AFPM recommends no retroactive adjustments to permits and permit applications that 

are deemed administratively complete based on previous Table A-1 data. 

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment.
61

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)17

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 7

Comment: EPA’s Proposed Changes to the GWP Values and Emission Factors Should Not 

Have a Retroactive Impact on Prior Permitting Actions. 

Beyond the future implications for facilities reporting emissions data, ACC is concerned about 

the potential impact on present Prevention of Significant Deterioration (PSD) and Title V 

permits that include GHG emission limits based on the previous version of Table A-1. The 

revisions could create the potential for facilities to exceed limits in their recently-issued permits 

based solely on EPA’s revised GWP values. The resulting effects could reach much further than 

individual facilities. As EPA notes in the preamble, other EPA rules and regulations, such as the 

Greenhouse Gas Tailoring Rule, use the GWP values in Table A-1 to determine applicability and 

to set emission levels for CO2 equivalents. Therefore, an amendment to the GWP values in 

Subpart A and changes to emission factors in other subparts may directly affect permitting 

program applicability and limits for a source. To minimize confusion and avoid placing an 

unnecessary burden on permitting authorities and permit holders, ACC believes EPA’s proposed 

changes to GWPs and emission factors should apply only to projects that occur after the effective 

date of EPA’s amendments to the GHG Reporting Rule. The changes should have no retroactive 

impact on prior PSD or Title V permit determinations, calculations of project emission increases 

or decreases for netting calculations, or pending permit applications that are deemed 

administratively complete prior to the effective date of these rule changes. 

ACC recommends that EPA grandfather permits and permit applications, based on previous 

Table A-1 data, that are administratively complete before the effective date of changes to Table 

A-1.

Response: See Section II.A.2.c and Section III.B of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: Frederick G. Fedri, Principal Environmental Specialist

Commenter Affiliation: Occidental Chemical Corporation (OCC)

Document Control Number: EPA-HQ-OAR-2012-0934-0106

Comment Excerpt Number: 2

Comment: OCC echoes ACC's concern about the potential implications on PSD and Title V 

permits that include GHG emission limits based on earlier Table A-l data. The EPA should 

grandfather permits and permit applications that are administratively complete based on Table A-

 

17 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
62

l data available on the submittal date of the permit application. Retroactively changing the data 

during the approval process would cause increased burdens on the Agency. We believe it is 

important for the Agency to focus its limited resources on meeting the critical time lines of many

other important projects.

Response: See Section II.A.2.c and Section III.B of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 2

Comment: The technical corrections acknowledge permit applicability impacts by the change in 

GWP under the Federal PSD and Title V program [78 FR 19808-19809]. However, the 

proposed rule does not provide a regulatory analysis of how retroactively applying GWP will 

impact PSD or Title V permitting obligations and any enforcement actions associated with 

previous determinations. There is a huge concern that such a change will stall current permit 

projects and possibly reopen existing permits which were previously approved. Landfills rely on 

these permits to install combustion devices for compliance under New Source Review 

Performance Standards (NSPS) and for landfill gas renewable energy projects both of which 

reduce GHG emissions. We strongly suggest that EPA consider language to provide regulatory 

protection from inadvertent compliance implications resulting from a retroactive change in GWP 

along with providing clear guidance in the Technical Corrections that the revisions to the GWP 

values have no retroactive effect on PSD or Title V permitting. Most importantly, new or 

modification projects undertaken before the GWP revision may not be reopened on the basis of 

changed emission estimates or PSD status, and the Tailoring Rule PSD requirements may only

apply to new or modification projects that occur after the rule revisions take effect. Additionally, 

when the new GWP is utilized under PSD and Title V permitting, regulated facilities should be 

allowed to apply the new GWP both to baseline (pre-project) emissions as well as to any

emission increases from the modification project. The change in GWP should be treated no 

differently than a change to an emission factor or quantification method where there is no 

retroactive liability for emission changes outside of a subsequent facility modification that 

increases emissions. 

Response: Regarding the inclusion of permit applicability impacts, see Section V.C of the 

preamble to the final rule. Regarding the retroactive application of the revised GWPs, see 

Section II.A.2.c and Section III.B.2 of the preamble to the final rule.

Commenter Name: Robert W. Lucas, Climate Change Project Manager and Gerald D. 

Secundy, President

Commenter Affiliation: California Council for Environmental and Economic Balance 

(CCEEB)
63

Document Control Number: EPA-HQ-OAR-2012-0934-0035-A2

Comment Excerpt Number: 3

Comment: Although it is CCEEB's preferred option to make all changes prospectively, now, 

and into the future, if EPA proceeds with its preferred option we strongly suggest that EPA 

consider new language that provides regulatory protection (e.g., from Title V or PSD permitting 

obligations, and any enforcement actions) from inadvertent compliance obligations that result 

from retroactive changes in an individual facility's previously submitted GHG Mandatory

Reports. Any such actions should be accompanied by a thorough regulatory analysis of how 

language in the Federal Clean Air Act supports such an action.

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: Sarah A. Deslauriers, Program Manager, California Wastewater Climate 

Change Group (CWCCG)

Commenter Affiliation: California Wastewater Climate Change Group (CWCCG)

Document Control Number: EPA-HQ-OAR-2012-0934-0068-A1

Comment Excerpt Number: 3

Comment: Potential retroactive triggering of regulatory requirements (e.g., EPA’s GHG 

Tailoring Rule). Retroactively applying the revised GWPs, such as methane where the GWP is 

being increased from 21 to 25, can increase a facility’s annual GHG emissions (that previously

fell below regulatory thresholds) to now exceed regulatory thresholds and trigger regulatory

requirements. In other words, if the EPA requires facility inventories to be revised retroactively, 

there is the potential for facilities that previously determined that a regulation did not apply

(based on the now outdated GWPs), to now reverse that conclusion. In these circumstances, 

would there be a legal obligation for these facilities to retroactively comply with the relevant 

regulation(s), and more importantly, can these facilities be found to be "out of compliance" 

perhaps facing legal action or penalties? Conversely, if a GWP is reduced, such as nitrous oxide 

where the GWP is being decreased from 310 to 298, facilities that have narrowly triggered a 

regulatory threshold may learn that this regulation no longer applies to their facility.

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: Robert W. Lucas, Climate Change Project Manager and Gerald D. 

Secundy, President

Commenter Affiliation: California Council for Environmental and Economic Balance 

(CCEEB)

Document Control Number: EPA-HQ-OAR-2012-0934-0035-A2

Comment Excerpt Number: 1
64

Comment: Retroactive application of GWPs can trigger regulatory requirements and possibly

enforcement action. Increases in GWPs, such as for methane where the GWP is being increased 

from 21 to 25, when applied retroactively, can push borderline facilities with respect to their 

GHG emissions into regulatory programs, perhaps retroactively. CCEEB's concern is not to 

focus on the EPA Mandatory Reporting program, but does relate to the implications to the 

Federal PSD and Title V programs. Taking EPA's preferred approach, previous year facility

inventories will be revised and published. When this occurs, there is the potential for facilities 

that previously made determination that a regulation did not apply, based upon the now outdated 

technical factors that this conclusion was incorrect. In these circumstances, would there be a 

legal obligation for these facilities to now have to retroactively comply with the relevant 

regulations, and more importantly, can these facilities be found to be "out of compliance" 

perhaps facing legal action, penalties and fines? Conversely, if a GWP is reduced, facilities that 

have narrowly triggered a regulatory threshold may learn that this regulation no longer applies to 

their facility. What is the remedy under this circumstance?

Response: See Section II.A.2.c and Section III.B.2 of the preamble to the final rule for EPA's 

response to this comment.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 4

Comment: The GHG MRR is linked to the Federal PSD (Tailoring Rule) and Title V programs. 

By taking EPA's preferred approach, previous year facility inventories will be revised and 

published. When the change in GWP is applied to prior reporting years, previous PSD and Title 

V determinations could be affected. For example, the municipal waste landfill sector will be 

subject to a 20% increase in GHG emissions due to the change in GWP which could cause a nonPSD major source to exceed the PSD major source threshold. In these circumstances, would 

there be a legal obligation for these facilities to now have to retroactively comply with the 

relevant regulations, and more importantly, can these facilities be found to be "out of 

compliance" perhaps facing legal action, penalties and fines? EPA’s should provide clarity on 

this issue and include a statement that GWP values would not retroactively apply to PSD, Title 

V, or any other regulatory program that relies on GWP values.

Response: Regarding the relationship between the final GWP amendments and the Tailoring 

Rule and permitting under the PSD and Title V permitting programs, see Section II.A.2.c of the 

preamble to the final rule. Regarding retroactive application of amended GWPs, see Section 

III.B.2 of the preamble to the final rule.

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department
65

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 1

Comment: When the new GWP is utilized under PSD and Title V permitting, regulated 

facilities should be allowed to apply the new GWP both to baseline (pre-project) emissions as 

well as to any emission increases from the modification project. The change in GWP should be 

treated no differently than a change to an emission factor or quantification method, such as AP42 guidance, where there is no retroactive liability for emission changes outside of a subsequent 

facility modification that increases emissions.

Response: Regarding the relationship between the final GWP amendments and permitting 

programs, see Section II.A.2.c of the preamble to the final rule. Regarding retroactive application 

of amended GWPs, see Section III.B.2 of the preamble to the final rule.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)18

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 8

Comment: One approach that EPA could take to address these concerns would be to establish 

two different tables in the regulations that would be used to determine PSD/Title V applicability

depending on the date. For example, the existing Table A-1 to subpart of part 98 would be used 

to determine GHG emissions under sections 51.166, 52.21, 70.2, and 71.2 until the effective date 

of the rule, and a new Table A-1(a) containing the revised GWP values would then be used to 

determine GHG emissions after that date. This approach would be similar to the biogenic 

deferral rule where EPA amended sections 51.166, 52.21, 70.2, and 71.2 to provide that prior to 

a date certain (July 21, 2014), the mass of GHG emissions shall not include biogenic emissions. 

For pending permit applications, if the application has been determined to be administratively

complete by the effective date of the rule, then the applicant would not be required to revise 

emissions using the revised GWPs. This approach has been used by the Agency in its 2012 

PM2.5 NAAQS PSD implementation determination that grandfathered existing permits [ 

Footnote: In early 2013, EPA issued the Final Rule, National Ambient Air Quality Standards for 

Particulate Matter, 78 Fed. Reg. 3086 (Jan. 15, 2013). This rule strengthened the annual PM2.5 

standard to 12 μg/m3 and retained the 24-hour PM standard at a level of 35 μg/m3. The existing 

annual standard, 15.0 μg/m3, was set in 1997. Grandfathering of existing permit applications also

is addressed in the new rule. Traditionally, 40 C.F.R. §§ 52.21(k)(1) and 51.166(k)(1) require 

that PSD permit applications include a demonstration that new major stationary sources and 

major modifications will not cause or contribute to a violation of any NAAQS that is in effect as

of the date the PSD permit is issued. However, in this rule, EPA grandfathered existing permit 

applications from demonstrating compliance with the new NAAQS for PM2.5 if the (a) the 

application is determined to be complete by December 14, 2012, or (b) the public notice on the 

 

18 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
66

draft permit or preliminary determination is published before March 18, 2013 (the day the 

revised PM2.5 standards become effective).]

Likewise, EPA could require facilities renewing or modifying existing permits after the effective 

date of the Technical Corrections to update GHG emissions using the revised GWP values. EPA 

must clarify, however, that such application submittals would not be considered modifications 

that would themselves trigger PSD Tailoring Rule requirements.

Response: EPA thanks the commenter for their input. We disagree with the commenter's 

recommendation that the original Table A-1 be retained in the regulatory text. Including two 

versions of Table A-1 in the regulatory text could be confusing to many reporters and increases 

the potential for reporters to accidentally use GWP values from the wrong table. Regarding 

EPA's response to concerns on the applicability, compliance schedule, or calculation 

methodologies for major or minor source determinations, permit limits, or other such compliance 

requirements, see Section II.A.2.c of the preamble to the final rule.

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 8

Comment: TFI has concerns with how state and independent programs that rely on the GWP

values set forth in the GHGRP may change in light of EPA’s modification of the values in 

accord with the Fourth Assessment Report. As EPA is aware, several TFI members participate in 

national and regional nitrous oxide offset programs. The programs rely on the current GWP

value of 310 for purposes of calculating the climate reserve tonnes (CRTs) of carbon offset 

credits. If EPA changes the nitrous oxide GWP value from 310 to 298, and recalculates prior 

year GHGRP values, the entities in charge of these programs may similarly back-calculate prior 

year CRTs, which would lead to lower offsets. This would be unfairly prejudicial to those 

participating in these programs, would serve as a disincentive to future participation, and would 

add additional uncertainty to the overall carbon markets.

As such, if EPA moves forward with its proposed lowering of the GWP value for nitrous oxide, 

we request that EPA make clear in the final rule that it encourages state and independent 

programs relying on the GHGRP GWP values to maintain the prior value of 310 for all CRTs 

calculated prior to the new value taking effect as part of the GHGRP.

Response: Regarding the effect of these final amendments on state and regional programs, see 

Section II.A.2.c of the preamble to the final rule. Regarding the effect on past years’ reports, and 

III.B of the preamble to the final rule.

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)
67

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 4

Comment: AFPM is concerned about the potential of increased complexity in comparing 

emissions between programs and between years. Some states aligned the GWP values in the state 

reporting programs to match the EPA values so that the reporting burden would be reduced. 

These states will either have to propose and approve rule changes that match this proposed 

change by EPA or certain facilities will be required to report two sets of data; one to EPA and 

one to the state or local program. In order to ensure consistent reporting across federal, state and 

regional reporting programs, the Agency must ensure that the reporting revisions currently and in 

the future are well coordinated with state and local reporting programs. 

Response: Regarding the effect of these final amendments on state and regional programs, see 

Section II.A.2.c of the preamble to the final rule.

Commenter Name: Sarah A. Deslauriers, Program Manager, California Wastewater Climate 

Change Group (CWCCG)

Commenter Affiliation: California Wastewater Climate Change Group (CWCCG)

Document Control Number: EPA-HQ-OAR-2012-0934-0068-A1

Comment Excerpt Number: 4

Comment: Retroactive application of AR4 GWPs or other technical changes that influence 

GHG emission estimates not only has the potential to trigger other EPA regulations, but also 

State regulatory programs. For example, the State of California is actively implementing its 

Global Warming Solutions Act (Assembly Bill 32, AB 32) GHG reduction program, directed 

and enforced by the California Air Resources Board (CARB). The program requires ambitious 

statewide GHG emissions reductions to 1990 levels by 2020 and to 80 percent below 1990 levels 

by 2050. The 1990 GHG emissions target was a result of extensive inventory analysis by CARB, 

as well as the present and future "business as usual" levels and the emissions cap targets. These 

estimated statewide GHG emissions levels and annual emissions reports rely on GWPs for 

measuring the State’s performance in meeting its goals. In addition, in order to streamline GHG 

reporting efforts and minimize costs for reporting entities, CARB has coordinated with EPA to 

make their GHG reporting program and online reporting system consistent with EPA’s. At this 

point, CARB’s reporting program is in alignment with EPA’s reporting program with some 

exceptions, including but not limited to the following:

a) CARB requires additional information or level of detail for specific reporting entities.

b) CARB requires independent third-party verification of GHG emissions reports exceeding a 

specified threshold.

c) CARB has begun implementing its Cap-and-Trade Program. As there is further alignment 

between the programs, policy decisions at the federal level regarding technical changes will 

impact the more rigorous State or local level GHG programs.
68

CWCCG recognizes that technical factors affecting GHG emissions estimates will change in the 

future and CARB will have to puzzle through how to incorporate those changes into the AB 32 

program; however, retroactive application of these factors creates a set of complicated issues that 

can have far-reaching impacts. In California, applying GWPs retroactively affects the 1990 

emissions inventory, “business as usual” levels, emissions caps and compliance obligations 

under the Cap-and-Trade program, as well as previously submitted annual GHG reports. EPA 

needs to carefully consider the unintended consequences of its policy decisions regarding the 

retroactive application of GWPs.

Response: Regarding retroactive impacts, see Section III.B of the preamble to the final rule. 

Regarding the effect of these final amendments on state and regional programs, see Section 

II.A.2.c of the preamble to the final rule.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 7

Comment: Revising the GWPs is not only unwarranted based on the available science, it would 

engender significant problems by creating inconsistent GWP standards throughout the United 

States. EPA’s remaining policy rationales for revising the Table A–1 of subpart A of Part 98 

GWPs – maintaining consistency with GHG inventories reported by foreign nations and 

“promot[ing] consistency across the estimation methods used in the rule” – reflect a generally 

sound preference for harmonizing GHG emission estimations. EPA’s proposed action would, 

however, have the opposite effect. 78 Fed. Reg. at 19,806. For instance, the Regional 

Greenhouse Gas Initiative (“RGGI”), which operates in the northeastern states of Connecticut, 

Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and 

Vermont to cap and reduce CO2 emissions from the power sector, relies on the GWPs provided 

by the IPCC’s Third Assessment Report. See RGGI Model Rule § XX-1.2(as) (Dec. 31, 2008). 

The RGGI states are in the process of revising their regulations to update certain elements of the 

RGGI program, but they will maintain their reliance on the Third Assessment Report GWPs. See 

Updated Model Rule § XX-1.2(aw) (Feb. 7, 2013). If EPA moves to adopt the Fourth 

Assessment Report’s GWPs, the Agency will create unnecessary divisions between its reporting 

protocols and the regulatory provisions of the RGGI states.

Response: Regarding retroactive impacts, see Section III.B of the preamble to the final rule. 

Regarding the effect of these final amendments on state and regional programs, see Section 

II.A.2.c of the preamble to the final rule.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 8
69

Comment: Under California’s greenhouse gas reporting rule “global warming potential values 

listed in Table A-1 of 40 CFR Part 98 are used to determine the CO2 equivalent of emissions.” 

17 CAL.CODE REGS.tit. 17 § 95102(a)(65).

It is unclear whether California’s regulation is intended to incorporate future revisions to Table 

A-1 or to only adopt Table A-1 as it existed at the time California promulgated its reporting 

regulation. EPA should fully examine this question before proceeding with any revision to the 

Table A-1 GWPs and consult with state officials regarding potential disruptions to the state’s 

new GHG regulatory program. Regardless of the effect of a potential GWP revision, EPA’s 

modification of Table A-1 could be problematic. If, for instance, California’s regulation is 

intended to incorporate all future EPA revisions to Table A-1 automatically, EPA changes to 

Table A-1 will distance California’s requirements from the requirements imposed by the RGGI

states at the same time that these jurisdictions are attempting to align their programs and further 

integrate them. On the other hand, even if EPA’s modifications to the Table A-1 have no effect 

on California’s requirements, finalizing EPA’s proposed revisions to the GWPs would 

nevertheless create a significant break between federal and state requirements. Instead of taking 

such action, EPA should endeavor to bring consistency to these state and federal requirements.

Response: See Section II.A.2.c of the preamble to the final rule for EPA's response to this 

comment.

2.6 Comments on applicability and new reporters

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)19

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 5

Comment: Because the retroactive application of the revised GWP values to prior year GHG

emission reports is unnecessary, unduly burdensome, and confusing, WM urges the Agency to 

apply the revised GWP values on a prospective basis only. Specifically, WM supports EPA’s 

proposal to require existing GHG reporters to incorporate data changes into the 2013 calendar 

year report due as of March 31, 2014. Likewise, WM agrees that new reporters that will be 

subject to the requirements of Part 98 as a result of the proposed GWP revisions should not be 

required to collect or report data until calendar year 2014, with the GHG report due as of March 

31, 2015. 78 Fed. Reg. at 19833.

Response: Regarding the prospective application of the amendments, see Section III.B of the 

preamble to the final rule. Regarding the schedule, see Section III.A of the preamble to the final 

rule.

 

19 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
70

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)20

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 11

Comment: WM also does not support the expansion of applicability that will occur in the MSW 

Landfill sector due to the revision of the GWP for methane, and we note that there are other 

sectors (e.g., Subpart FF: Underground Coal Mines, Subpart NN: Natural Gas) that are not facing 

this issue because their applicability threshold is not based on CO2e emissions. Requiring 

reporting from more very small landfills and requiring other very small closed landfills to 

continue reporting is costly and has limited policy relevance. We further note that the 

applicability determination for MSW Landfills is already based on the methane generation level, 

which was converted to tons CO2e. Emissions of CO2 from combustion have never been 

considered in determining applicability under the rule. 

Given the increased cost and limited utility of these "side effects" of revising the GWPs, we 

recommend that that EPA establish both a methane-based reporting threshold for Subpart HH to 

replace the CO2e based reporting threshold, and a methane-based requirement for exiting the 

program. As noted below, these changes are easily implemented by simply establishing a 

methane reporting threshold of 1190 metric tons/year or more and by adding new language to 

clarify off-ramp provisions for both the five-year exit threshold (1190 metric tons CH4) and the 

three-year exit threshold (714 tons metric tons CH4). 

EPA could modify language in both "TABLE A-3 to Subpart A of Part 98 – Source Category

List for § 98.2(a)(1) – Source Categoriesa Applicable in 2010 and Future Years" [Footnote a: 

Source categories are defined in each applicable subpart] and Subpart HH, § 98.341 as follows: 

TABLE A-3 to Subpart A of Part 98 Source Category List for § 98.2( a )(1) 

Source Category List for §98.2(a)(1) 

Source Categoriesa Applicable in 2010 and Future Years 

"Municipal solid waste landfills that generate CH4 in amounts equivalent to 25,000 1190 metric 

tons CO2e or more per year, as determined according to subpart HH of this part. 

As for exiting the program requirements, amend Section 98.341 as follows: 

§98.341 Reporting Threshold 

(a) You must report GHG emissions under this subpart if your facility contains a MSW landfill 

and the facility meets the requirements of §98.2(a)(1), except as provided for in (1) or (2) below. 

(1) If reported emissions are less than 1190 metric tons CH4 per year for five consecutive years, 

then the owner or operator may discontinue complying with this part provided that the owner or 

 

20 Id.
71

operator submits a notification to the Administrator that announces the cessation of reporting 

and explains the reasons for the reduction in emissions. The notification shall be submitted no 

later than March 31 of the year immediately following the fifth consecutive year of emissions less 

than 1190 metric tons methane per year. The owner or operator must maintain the 

corresponding records required under §98.3(g) for each of the five consecutive years and retain 

such records for three years following the year that reporting was discontinued. Unless the 

facility is no longer accepting waste, the owner or operator must resume reporting if annual 

emissions in any future calendar year increase to 1190 metric tons methane per year or more. 

(2) If reported emissions are less than 714 metric tons CH4 per year for three consecutive years 

then the owner or operator may discontinue complying with this part provided that the owner or 

operator submits a notification to the Administrator that announces the cessation of reporting 

and explains the reasons for the reduction in emissions. The notification shall be submitted no 

later than March 31 of the year immediately following the third consecutive year of emissions 

less than 714 metric tons methane per year for Subpart HH. The owner or operator must 

maintain the corresponding records required under §98.3(g) for each of the three consecutive 

years and retain such records for three years following the year that reporting was discontinued. 

Unless the facility is no longer accepting waste, the owner or operator must resume reporting if 

annual emissions in any future calendar year increase to 1190 metric tons methane per year or 

more. 

Subpart HH facilities would still calculate and report methane as well as CO2e emissions for 

EPA inventory purposes but rule applicability and program exit provisions would be based upon 

methane emissions – not CO2e. The proposed exit provisions do not consider ancillary Subpart C 

anthropogenic emissions because MSW Landfills that meet the exit provisions are very small 

and primarily closed landfills, and they do not operate Subpart C devices. Subpart C emissions 

are either non-existent or at such negligible amount that by including these emissions would not 

prevent a Subpart HH facility from exiting the program. Therefore, we believe reporters will not 

exit the program prematurely due to exclusion of Subpart C anthropogenic emissions. 

The methane based reporting threshold allows the Agency to avoid increasing the reporting 

program burden for the MSW landfill sector and EPA staff. It would also prevent subjecting 

additional small and primarily closed landfills with negligible emissions to reporting 

requirements and new compliance costs. Existing reporters will not be delayed five additional 

years or more from exiting the reporting program. It also allows EPA to meet national and global 

inventory program commitments without needlessly affecting GHG MRR applicability. 

Response: See Section II.R of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)21

 

21 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
72

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 9

Comment: The purpose of the change in GWP is to align with global inventory practices, not to 

broaden applicability of the GHG MRR. In the Preamble to the technical corrections EPA clearly 

states, "The changes are being proposed for two reasons.....to ensure consistency with the 

Inventory as the Inventory begins to use GWPs from the IPCC Fourth Assessment Report. 

Second, we propose to add GWPs for F-GHGs that are not currently included in Table A-1..." 

(78 FR 19807). 

Adding new reporters or delaying exit for existing reporters is not the intent of changing the 

GWP; yet the collateral damage is significant for MSW Landfills. The methane emissions at 

MSW landfills have not changed. No physical or operational changes have occurred at the MSW 

Landfills. The change in GWP is simply a change in calculation; a change, nonetheless, that 

significantly impacts GHG MRR applicability for Subpart HH reporters. 

Response: See Section II.R of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 9

Comment: Republic recommends the EPA consider the significant impacts that are 

inadequately addressed in the Impact Analysis and allow an alternative approach to the reporting 

threshold for Subpart HH. As an alternative approach, we recommend EPA establish 

applicability and reporting threshold that is not based on CO2e emissions as this approach has 

done for other industry sectors identified in Table 2-3 in the Impact Analysis. A methane-based 

reporting threshold for Subpart HH would be appropriate since the applicability determination 

for MSW landfills is already based on a methane generation that is converted to tons CO2e. A 

methane-based applicability and reporting threshold approach will not impact how Subpart HH 

calculates and reports CO2e and methane under the GHGRP. Also the number of existing 

applicable MSW landfills will remain the same. This approach will however reduce the GHGRP 

reporting burden for the regulated community and EPA while resolving many of the issues 

discussed with the GWP change. As such Republic request the EPA to consider the following 

modified language in both “TABLE A-3 to Subpart A of Part 98 – Source Category List for 

§98.2 ( a )(1)– Source Categories Applicable in 2010 and Future Years” and Subpart HH, 

§98.341 as follows:

TABLE A-3 to Subpart A of Part 98 Source Category List for § 98.2( a )(1) 

Source Category List for §98.2(a)(1)

Source Categoriesa Applicable in 2010 and Future Years
73

“Municipal solid waste landfills that generate CH4 in amounts equivalent to 25,0001190 metric 

tons CO2e or more per year, as determined according to Subpart HH of this part.”

Republic requests EPA consider the following language to address the off-ramp provisions by

amending Subpart HH, Section 98.341 as follows:

§98.341 Reporting Threshold

(a) You must report GHG emissions under this Subpart if your facility contains a MSW landfill 

and the facility meets the requirements of §98.2(a)(1), except as provided for in (1) or (2) below.

(1) If reported emissions are less than 1190 metric tons CH4 per year for five consecutive years, 

then the owner or operator may discontinue complying with this part provided that the owner or 

operator submits a notification to the Administrator that announces the cessation of reporting 

and explains the reasons for the reduction in emissions. The notification shall be submitted no 

later than March 31 of the year immediately following the fifth consecutive year of emissions less 

than 1190 metric tons methane per year. The owner or operator must maintain the 

corresponding records required under §98.3(g) for each of the five consecutive years and retain 

such records for three years following the year that reporting was discontinued. Unless the 

facility is no longer accepting waste, the owner or operator must resume reporting if annual 

emissions in any future calendar year increase to 1190 metric tons methane per year or more. 

(2) If reported emissions are less than 714 metric tons CH4 per year for three consecutive years 

then the owner or operator may discontinue complying with this part provided that the owner or 

operator submits a notification to the Administrator that announces the cessation of reporting 

and explains the reasons for the reduction in emissions. The notification shall be submitted no 

later than March 31 of the year immediately following the third consecutive year of emissions 

less than 714 metric tons methane per year for Subpart HH. The owner or operator must 

maintain the corresponding records required under §98.3(g) for each of the three consecutive 

years and retain such records for three years following the year that reporting was discontinued. 

Unless the facility is no longer accepting waste, the owner or operator must resume reporting if 

annual emissions in any future calendar year increase to 1190 metric tons methane per year or 

more. 

Response: See Section II.R of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 7

Comment: Given the increased cost and limited utility of the “side effects” of revising the 

GWPs, we recommend that EPA establish a methane-based reporting threshold for Subpart HH 
74

to replace the CO2e based reporting threshold, and a methane-based requirement for exiting the 

program. Such an approach allows the Agency to avoid increasing the reporting burden for the 

MSW landfill sector and EPA staff, while not impacting EPA’s need to meet national and global 

inventory program commitments.

Response: See Section II.R of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Angela D. Marconi, Cherry Island Landfill Gas Manager

Commenter Affiliation: Delaware Solid Waste Authority (DSWA)

Document Control Number: EPA-HQ-OAR-2012-0934-0077-A2

Comment Excerpt Number: 3

Comment: DSWA encourages EPA to consider a revision to the applicability threshold for 

subpart HH. If the applicability threshold was based on metric tons of methane, rather than CO2e, 

the revision of the GWP would not result in bringing additional closed facilities into the rule, or 

delaying closed facilities from exiting the rule. We suggest the use of 1,190 metric tons of 

methane as the applicability threshold for the rule.

Response: See Section II.R of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department22

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 13

Comment: Instead of utilizing a reporting threshold based upon equivalency (e.g. CO2e), we

recommend that EPA establish a methane-based reporting threshold for Subpart HH to replace 

the CO2e based reporting threshold. EPA could simply establish a methane reporting threshold of 

1190 metric tons/year or more which is equivalent to 24,990 metric tons CO2e based on the 

current methane GWP change, especially with regard to closed landfill sites.

Response: See Section II.R of the preamble to the final rule for EPA's response to this 

comment.

 

22 This comment was also submitted by Tetra Tech BAS (Docket Id. No. EPA-HQ-OAR-2012-0934-0086-A2) and 

National Solid Wastes Management Association (NSWMA)(Docket Id. No. EPA-HQ-OAR-2012-0934-0053-A2).
75

2.7 Comments on EPA’s proposal to recalculate emissions from 2010, 2011, and 

2012 reporting years

Commenter Name: Pamela F. Faggert, Vice President and CEO

Commenter Affiliation: Dominion Resources Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0073-A1

Comment Excerpt Number: 4

Comment: EPA Should Define and Implement a Simple Process Using e-GGRT Notices and

Messages to Inform Reporters of Revisions to Previous Year's Reported Values and Logging 

Reporter Comments Regarding Errors.

If EPA implements Option 2, a correspondence folder should be initiated at the time EPA revises 

a facility's previous years' reports in e-GGRT. In this way, the reporter can submit confidential 

comments to EPA, if necessary, in case an error or other issue arises. Currently in e-GGRT, a 

facility reporter cannot initiate a correspondence. Only EPA can open the dialogue. The reporter 

is notified of the correspondence via electronic mail prompting the reporter to go into e-GGRT 

and read the correspondence. Therefore, our suggestion involves programming e-GGRT to 

automatically open a correspondence folder for each facility when a previous year's report is 

revised by EPA.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: John L. Wittenborn and Joseph J. Green, Counsel, Kelley Drye & Warren 

LLP

Commenter Affiliation: Steel Manufacturers Association (SMA)

Document Control Number: EPA-HQ-OAR-2012-0934-0045-A1

Comment Excerpt Number: 1

Comment: SMA supports EPA’s proposed option (Option 2) regarding revision and 

republication of emission estimates for prior year (2010-2012) reports in light of the proposed 

adoption of updated global warming potential (GWP) values. 78 Fed. Reg. at 

19,834.Independent recalculation of CO2e emissions for the 2010-2012 reporting years by the 

agency is only reasonable, rather than imposing the burden on each facility of recalculating and 

resubmitting the reports. The proposed revisions to the GWP values involve data points entirely 

outside the control of, and wholly unrelated to actual emissions from, reporting facilities. 

Reporting facilities have already fulfilled their obligations for 2010-2012, and the agency’s 

decision to revise the GWP weighting assigned to the reported emissions should not impose 

additional burdens. Moreover, the alternative – requiring each facility to resubmit their own prior 

reports – would set a poor precedent by potentially limiting the agency’s freedom to make future 

changes to GWP values (or other aspects of how emissions data are interpreted) due to concerns 

with imposing additional burdens on reporting facilities. In sum, the GWP values are data 

elements outside the control of reporting facilities and within the agency’s discretion to change 
76

as appropriate based on science. However, in making such changes, the agency should not 

impose additional burdens on facilities that already have fulfilled their reporting responsibilities.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 4

Comment: The preamble notes that EPA revisions to reports from previous years (i.e., “Option 

2”) would be communicated to reporters prior to public release via e-GGRT. INGAA supports 

using e-GGRT for communication. However, in some cases reporter review of the information 

could identify an obvious error, and reporters should be able to comment on the values revised 

by EPA. INGAA recommends implementing a simple process for two-way communication 

between EPA and reporters through e-GGRT. This process should be defined and discussed in 

the final rule and allow reporters to comment on EPA revisions.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Pamela F. Faggert, Vice President and CEO

Commenter Affiliation: Dominion Resources Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0073-A1

Comment Excerpt Number: 1

Comment: EPA has proposed to revise the CO2e emission estimates in annual reports for 

reporting years 2010, 2011, and 2012 using the proposed revised GWP values, and has proposed 

two options to accomplish this [Footnote: 78 Fed. Reg. at 19,833]. EPA's "Option 1" would 

require all reporters who submitted annual reports for 2010, 2011, and 2012 to resubmit their 

prior year reports using the revised GWPs. Under "Option 2," EPA would itself calculate the 

revised CO2e emissions.

To the extent the GWPs are revised and applied retroactively to emissions in previous annual 

reports, we prefer Option 2 as the "default" option with the ability for reporting entities to either 

voluntarily revise their previous annual reports themselves or to provide comment on EPA's 

revised emission calculations if deemed necessary. This approach, unlike Option 1, would not 

directly impose the burden of review and certification of emission estimates/revisions on the 

reporting entity. However, if EPA does move forward with Option 2, it should not foreclose an 

opportunity for reporting entities to review and provide input to this process. There is no 

reasonable basis to preclude such review. EPA should provide the opportunity and a mechanism 
77

for reporting entities to review and, if deemed necessary, provide corrections to recalculated 

CO2e emissions for 2010, 2011 and 2012. EPA should also allow reporters the option to revise, 

certify and resubmit previous reports on their own if they so choose.

Response: For the response to the comment supporting EPA's recalculation of CO2e emissions 

and supply for reporting years 2010 through 2011, please see Section III.B.2 of the preamble to 

the final rule.

EPA intends to provide an opportunity for facilities to view their recalculated facility-level CO2e 

totals before publication. The Agency does not believe it will be useful to formally solicit 

comments on the recalculated GWPs. Because application of the new GWPs will be a very

simple recalculation that has no bearing on a facility’s annual report, EPA does not want to place 

any additional burden on reporters. However, if a reporter were to find an error, we would as 

always welcome feedback through our Help Desk. EPA will also review the recalculated CO2e

values to ensure they are accurate before making them available to the public. 

Commenter Name: Robert W. Lucas, Climate Change Project Manager and Gerald D. 

Secundy, President

Commenter Affiliation: California Council for Environmental and Economic Balance 

(CCEEB)

Document Control Number: EPA-HQ-OAR-2012-0934-0035-A2

Comment Excerpt Number: 4

Comment: As science evolves in the area of climate change, technical changes to important 

factors, such as GWPs will also continue to evolve. EPA is proposing a far-reaching policy to 

apply some technical changes retroactively. These changes currently impact many industry 

sectors, such as the oil and gas, and municipal solid waste landfill sectors, and only three 

reporting years are impacted by this decision (2010, 2011, 2012). This policy would have the farreaching effect of requiring retroactive updates to former reports for any technical changes that 

impact GHG emissions, no matter how many reporting years were involved. The bureaucratic 

and regulatory ramifications of this decision are far reaching. CCEEB recommends that all 

updates be prospective.

Response: We disagree with the commenter that the decision to provide revised CO2e values 

has far reaching ramifications for individual reporters or the reporting program in general. No 

additional burden is placed on reporters by this decision.EPA is not requiring reporters to submit 

revised reports for reporting years 2010 through 2012 or requiring facilities to review the 

recalculated CO2e values calculated by the EPA. For additional information on the publication of

CO2e emissions and supply data for reporting years 2010 through 2012 using the revised GWPs 

finalized in this rulemaking, see Section III.B.2 of the preamble to the final rule.

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)
78

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 7

Comment: TFI has concerns, should EPA proceed with its proposal to “recalculate” CY2010-

CY2012 GHGRP emissions, regarding how this will be implemented. EPA proposes that either 

reporting entities revise their prior reports, or EPA will revise the prior reports. [Footnote: Id. at 

19,833-19,834]

Should EPA disregard TFI’s comment that prior GHGRP reports not be revised to reflect the 

new GWP values, TFI believes that EPA should recalculate the values, not mandate that 

reporters revise their prior reports. However, EPA should allow reporters the opportunity to 

review, and as necessary inform EPA of errors, prior to EPA making the “recalculated” 

emissions publicly available.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 1

Comment: EPA notes in the preamble that two options are being considered for recalculating 

the CO2e emissions for Reporting Years 2010, 2011, and 2012 due to the proposed changes to 

the Global Warming Potentials (GWP) for several GHG compounds. Option #1 would require 

the owner/operator to recalculate the CO2e emissions, recertify, and resubmit these earlier 

reports. Option #2, EPA’s preferred option, would result in EPA recalculating the emissions 

from the previous years. Although this option does not place an increased burden on reporters, 

the reporters would not have the opportunity to provide feedback on the revised emissions prior 

to EPA republishing the numbers. If EPA selects Option #2, the system should be designed such 

that the owner/operator could provide input on the updated emission values. 

In addition to options #1 and #2, Dow suggests that EPA consider a third option where the new 

GWP’s are used starting in Reporting Year 2013, and that EPA and company resources are not 

used to revise the reporting quantities for Reporting Years 2010, 2011, and 2012. The final rule 

should allow for an option for a reporting entity to update the values, but should not require an 

across the board update for the first three reporting years. Most changes would be relatively 

minor from combustion sources due to the changes to the GWP for methane and nitrous oxide, 

and that other emission factor changes are relatively minor in nature. Therefore, the rule should 

not require a revision to the previously reported values. Should the RY 2010 – 2012 emissions be 

used for a baseline for a future regulatory GHG emission control program, EPA could make a 

sector based revision at the appropriate time, if needed. 

EPA is setting a precedent of significant concern by proposing to require that the older emission 

reports continue to be updated due to detailed rule changes. This also creates uncertainty in the 
79

future as undoubtedly there will be additional emission factor changes and GWP changes as 

better scientific information becomes available. Again, we suggest that EPA only require 

emission values to be reported using the rules, emission factors, and GWP values that were in 

effect for a specific reporting year.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Frank R. Caponi, Division Engineer, Air Quality Engineering, Technical 

Services Department

Commenter Affiliation: Sanitation Districts of Los Angeles County

Document Control Number: EPA-HQ-OAR-2012-0934-0056-A1

Comment Excerpt Number: 1

Comment: In the Reporting Rule EPA is proposing to revise global warming potentials (GWPs) 

and presents two options for applying them retroactively. How EPA handles treatment of the 

proposed revised GWPs in this revision will establish a significant policy direction for the many

technical revisions that are likely to occur in the future. To this end, we do not concur with the 

proposed options but instead, recommend that all technical revisions, now, and into the future, be 

applied prospectively. Not taking this approach can bring about enormous ramifications.

Response: We disagree with the commenter that the decision to provide revised CO2e values 

has far reaching impacts or ramifications for individual reporters or the reporting program in 

general. EPA is not requiring reporters to submit revised reports for reporting years 2010 through 

2012 or requiring facilities to review the recalculated CO2e values calculated by the EPA. For 

additional information on the publication of CO2e emissions and supply data for reporting years 

2010 through 2012 using the revised GWPs finalized in this rulemaking, see Section III.B of the 

preamble to the final rule.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 2

Comment: In the Proposed Rule preamble [78 FR 19834], EPA requests comments on the 

preferred option for updating annual reports using revised GWPs for reporting years 2010, 2011, 

and 2012. “Option 1” would require reporters to resubmit prior years’ reports using the revised 

GWPs. For “Option 2”: “The EPA would independently recalculate revised CO2e emissions 

from the 2010, 2011, and2012 reporting year emissions or supply for each facility using the 

revised GWPs in Table A–1. Under this scenario, through e-GGRT, each reporter would be able 

to see the EPA’s revision of its emission or supply totals in previously submitted 2010, 2011, and 

2012 reports before that information is publically available.” [78 FR 19834]
80

The preamble also indicates that emissions would be recalculated for each facility and that EPA 

prefers Option 2, where EPA updates calculations for previous reporting years. INGAA supports 

Option 2 and agrees that EPA recalculation of the previous inventories (i.e., Option 2) is the 

preferred approach. However, INGAA strongly opposes the preamble stipulation that, “although 

the reporter would be able to view the estimate, the reporter would not be able to comment on or 

change the revised estimate.” It is unreasonable to preclude comments from reporters if EPA 

recalculations show an obvious error. INGAA agrees that updating previously reported 

inventories to address GWP revisions is a straightforward calculation. However, mistakes 

happen and reporters should be able to ensure that emissions attributed to their facilities are not 

erroneous. It is imperative that reporters have the opportunity to review revised CO2e emissions 

calculated by EPA. Communications between EPA and reporters can be conducted through eGGRT, and it is reasonable to limit the types of comments that reporters provide, such as 

comments that identify calculation errors.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 3

Comment: We support EPA’s statement that it is not the Agency’s intent to revise GWPs each 

time new data are published (78FR 19808), however technical and scientific data will continue to 

evolve overtime, and future updates to the reporting program are likely. The currently proposed 

changes impact many industry sectors, such as oil and gas, and MSW landfills, but this update 

only impacts three reporting years (2010, 2011 and 2012). This policy would have the far 

reaching effect of requiring retroactive updates to former reports for any technical changes that 

impact GHG emissions, no matter how many reporting years were involved. The bureaucratic 

and regulatory ramifications of this decision are far reaching

Response: See response to comment EPA-HQ-OAR-2012-0934-0035-A2, Excerpt 4.

Commenter Name: Sarah A. Deslauriers, Program Manager, California Wastewater Climate 

Change Group (CWCCG)

Commenter Affiliation: California Wastewater Climate Change Group (CWCCG)

Document Control Number: EPA-HQ-OAR-2012-0934-0068-A1

Comment Excerpt Number: 2

Comment: The primary focus of CWCCG’s concerns is not the revision of GWPs in the future; 

rather it is the EPA’s proposal to retroactively apply revised GWPs to the 2010, 2011, and 2012 

emissions reports. The EPA proposes two options for retroactively applying AR4 GWPs. One 

option is to have reporters resubmit their prior year reports using the revised GWPs. The other 
81

option (EPA’s preference) is for EPA to independently recalculate revised carbon dioxide 

equivalent (CO2e) emissions from the 2010, 2011, and 2012 reporting year. Neither of these 

approaches is acceptable. While CWCCG recognizes the importance of ensuring consistency

across emissions reports and supports the planned (i.e., future) application of AR4 GWPs as 

discussed for New Reporters, we do not support the retroactive application of these GWPs to 

reporting years 2010, 2011,and 2012.

Should EPA decide to go forward with applying the proposed revised GWPs retroactively, it will 

establish a significant policy change that will result in many future technical revisions and 

significant future ramifications for reporting entities, well beyond any administrative burden or 

other issues that have been discussed in the Preamble. The CWCCG recommends that all 

technical revisions within the GHG Mandatory Reporting Program be applied prospectively (i.e., 

in the future) at a reasonable beginning point.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)23

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 6

Comment: The proposed revision raises some practical considerations that should be 

considered by the Agency. By EPA’s own admission, obtaining revised emission estimates for 

some facilities "could be difficult." Additionally, depending on which of the proposal’s options 

are pursued, the associated costs for facilities to compile, calculate, and certify the results—up to 

$3.5 million--would be unnecessarily burdensome and prohibitively expensive.

Based on these concerns, ACC suggests that EPA not require reporters to revise their certified

emissions reports from prior years when a GWP or other factor is changed by EPA. A more 

reasonable approach would be for the Agency to revise the emissions data (as described in 

Option 2 in the proposal) and then present it in the database as a parallel metric, leaving the 

certified facility-reported data unchanged. These revised emissions data should be clearly 

marked as having been revised from what was reported by a facility previously. In addition, EPA 

should give facilities 30 days to review the changed data and note any issues before finalizing 

such revisions. Going forward, this would enable EPA to create a parallel metric that 

automatically updates as GWPs and emissions factors are revised and allow EPA to report 

updated U.S. emissions to the IPCC. Alternatively, EPA could revise the emissions data on a 

sector basis, which would leave the reported facility emissions data unchanged. Both of these 

approaches would ensure that a facility’s reported emissions data appropriately remain the 

official emissions report for that facility while creating a "continuous" emissions baseline dating 

to 2010.

 

23 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
82

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Eldon Lindt, Director of Auditing, Environmental Policy & Services

Commenter Affiliation: Xcel Energy, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0074-A1

Comment Excerpt Number: 1

Comment: EPA has requested comments on the two options for revision and republication of 

emissions estimates for prior years. Xcel Energy supports EPA recalculating the CO2e emissions 

for 2010, 2011 and 2012. Therefore, we support EPA’s Option 2 but are requesting reporters 

have the opportunity to comment on EPA’s recalculated values and provide corrections. 

Currently, Option 2 only allows reporters to view the data. Having the option to comment and

identify possible errors in recalculated values is an important part of the stakeholder process and 

ensures that data comparisons to 2013 and future years are based on accurate information.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 13

Comment: EPA should not impose the burden of review and certification of emission estimates 

by reporters. There is no practical value in recalculating emissions for 2010, 2011, and 2012, and 

reporters should not be expected to devote resources to such an endeavor. 

On the other hand, EPA’s proposed rule unnecessarily attempts to foreclose the opportunity to 

correct EPA calculations. If EPA decides to move forward with Option 2, the Agency should 

announce that it will accept and take into account any information submitted by reporters that is 

intended to correct or otherwise influence EPA’s recalculated CO2e emissions for 2010, 2011, 

and 2012.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this

comment.
83

Commenter Name: Pamela Lacey, Senior Managing Counsel, Environment

Commenter Affiliation: American Gas Association (AGA)24

Document Control Number: EPA-HQ-OAR-2012-0934-0080-A2

Comment Excerpt Number: 6

Comment: EPA has requested comments on the two options for revision and republication of 

emissions estimates for prior years. AGA supports Option 2, in which EPA proposes to 

recalculate the CO2e emissions for 2010, 2011 and 2012. We appreciate EPA’s offer to run this 

calculation internally so that individual reporters do not face this burden. However, AGA 

requests that reporters have the opportunity to comment on EPA’s recalculated values and 

provide corrections if needed. Currently, Option 2 would only allow reporters to view the data. 

Having the option to comment and identify possible errors in recalculated values is an important 

part of the stakeholder process and ensures that data comparisons to 2013 and future years will 

be based on accurate information.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 17

Comment: With respect to revised emissions estimates for 2010, 2011, and 2012 based on 

revised GWPs: AF&PA and AWC question the need for revising these estimates. The 

Greenhouse Gas Reporting Rule has been an evolving requirement throughout that period--with 

new sources being added and emission estimating methods being revised, as well as 

improvements in estimates as facilities gained experience and, in some cases, switched from 

reporting based on BAAM. Thus, even if total estimates for 2010, 2011, and 2012 were revised 

to reflect the proposed new GWPs, that would still not make, e.g., 2010 total emissions directly

comparable to 2013 emissions. If EPA nonetheless sees a significant value in revising past years’ 

estimates, we do not believe EPA should revise the emission estimates itself based on new 

GWPs alone (i.e., “Option 2” on p. 19,834 of the proposed rule). Rather, EPA should (1) give 

facilities the option of recalculating estimated emissions for prior years themselves and 

submitting the revised estimates to EPA within 12 months after the rule is finalized, and (2) 

update prior years’ estimates—whether based on facilities’ own submissions or EPA doing the 

recalculation itself—not only using revised GWPs, but also reflecting other revisions EPA has 

made to emission estimation methods. For example, revised emission estimates for recovery

furnaces should reflect not only the different GWPs EPA is proposing, but also the lower default 

methane and nitrous oxide emission factors in the proposed rule. Another example is the 

important clarification of dry basis for the High Heat Value (HHV) and proposed change in the 

 

24 The comments by American Gas Association (AGA) were also supported by Xcel Energy, Inc. (Docket Id. No. 

EPA-HQ-OAR-2012-0934-0074-A1).
84

HHV itself for wood and wood residuals in Table C-1. In many instances these other 

improvements to emission estimation methods will have a greater impact on total facility

estimated greenhouse gas emissions than the revised GWPs, so it is important that they be 

reflected in recalculated emissions from past years if the past years’ estimates are to be compared 

to more recent years, as well as to make the past years’ estimates more comparable to 

greenhouse gas emissions being reported by other countries.

Response: See Section III.B.2 of the preamble to the final rule for the response to this 

comment.

Commenter Name: Andrew T. O’Hare, Vice President, Government Affairs,

Commenter Affiliation: Portland Cement Association (PCA)

Document Control Number: EPA-HQ-OAR-2012-0934-0061-A1

Comment Excerpt Number: 2

Comment: PCA members support clarity and predictability with respect to calculation and 

submission of GHG emissions data pursuant to the requirements of the MRR. Retroactively

revising data submitted in prior reports undermines regulatory and business certainty and may

have the unintended consequence of altering GHG mitigation strategies currently being deployed 

by cement makers. To promote regulatory certainty, PCA members recommend that EPA reject 

both options, whether it constitutes an independent recalculation of CO2e emissions on the part 

of cement makers as outlined under Option 1, or the EPA supplying revised emissions for each 

facility based on the new data, per Option 2. Whereas both options undermine regulatory

certainty, Option 1 includes the added disadvantage of increasing paperwork and administrative 

burdens by requiring cement makers to recalculate reports already submitted for the 2010, 2011 

and 2012 reporting years. Furthermore, EPA estimates that Option 1 impose on reporters a total 

one-time cost of $3.5 million for re-submittal and recertification of 2010, 2011, and 2012 reports. 

Option 2 also creates regulatory confusion. While Option 2 shifts the paperwork burden 

associated with revising the prior year reports to regulators, it denies a reporting entity the 

authority to calculate emissions from facilities over which it is responsible for compliance with 

PSD permits, among other requirements. EPA concedes that Option 2 is flawed because 

reporters would be unable to submit revised emission estimates or comment on the estimation 

methods used to calculate the updated CO2e totals; therefore, they would have less control over 

the revised data. While EPA claims that the calculation is very straightforward for most 

reporters, EPA further concedes there could be some uncertainty associated with the revisions to 

subpart L emission data if Option 2 is selected. It is because of this built-in uncertainty that 

causes PCA members to oppose any revisions whatsoever to the reports filed for the past three 

reporting years.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.
85

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 6

Comment: In the 2013 GHGRP Revisions preamble, EPA proposes to implement the new 

GWP values starting with the reporting of CY2013 GHG emissions, due by March 31, 2014.

[Footnote: 78 Fed. Reg. at 19,832]. Further, EPA recognizes that other EPA programs, such as 

the GHG “tailoring rule,” cross reference the Table A-1 GWP values for purposes of calculating 

GHG emissions under the Prevention of Significant Deterioration (PSD) and Title V permitting 

programs.[Id. at 19,808-19,809]. As proposed, the Inventory would first start using the revised 

GWP values in 2015 (reflecting CY1990–CY2013) emissions, but EPA is proposing to 

“recalculate” the CY2010-CY2012 GHGRP emissions and is silent on whether it would

recalculate the CY1990-CY2013 Inventory emissions.

TFI suggests that EPA should not recalculate either the CY1990-CY2012 Inventory emissions or 

the CY2010-CY2012 GHGRP emissions as these emissions are in the public domain and the 

GWP values used to derive them were also used by sources for purposes of evaluating 

applicability of the PSD and Title V “tailoring” rule. TFI feels that changing values already made 

available will also undermine public confidence in the overall database.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Kara M. Montalvo, Director, Environmental Compliance & Permitting

Commenter Affiliation: Salt River Project Agricultural Improvement and Power District (SRP)

Document Control Number: EPA-HQ-OAR-2012-0934-0040-A1

Comment Excerpt Number: 1

Comment: In this rulemaking action, EPA proposes to implement new global warming 

potential (GWP) values for greenhouse gas (GHG) pollutants to ensure continued consistency

with the Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report. EPA 

also has proposed to "recalculate" the GHGRP emissions for calendar years 2010, 2011, and 

2012 using these revised GWP values.

As such, EPA proposed two options for retroactively recalculating and reporting prior years 

GHG emission estimates, as follows:

Option 1— Reporting entities recalculate GHG emissions provided in prior reporting years using 

the revised GWPs and resubmit these reports to EPA; or

Option 2 — EPA recalculates GHG emissions from prior reporting years using the revised 

GWPs and applies that data to prior reporting years.
86

There are significant issues with either option currently being contemplated by the EPA. Most 

notably, under either option, EPA is requiring that emission estimates previously calculated in 

good faith be reassessed based on a revised rule that is being implemented as many as 3 years 

after the data was first reported. It is inappropriate to retroactively assess data based on 

regulatory requirements that were not in place at the time the emissions reporting took place.

The only real difference between the two options is the entity that is required to perform the 

work associated with recalculating and re-reporting GHG emissions data. Regardless of which 

entity is required to perform these additional calculations, it creates a substantial reporting 

burden without any real benefit. Even if EPA addresses this reporting burden by selecting Option 

2, reporting entities will still incur additional workload resulting from their desire to ensure they

are in agreement with EPA's revised calculations.

It seems more logical from a legal, scientific, and workload perspective to apply the new GWPs

once they are approved in a forward-thinking manner rather than applying them retroactively. As 

such, SRP recommends that EPA consider and adopt a third option in which changes to GWPs

that affect emission estimates be applied prospectively to future GHG emission reports.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Mike Roddy, Director of Environmental Affairs

Commenter Affiliation: Seminole Electric Cooperative, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0042-A1

Comment Excerpt Number: 4

Comment: EPA should not recalculate prior Inventory or GHGRP emissions as they are already

in the public domain and the GWP values used to derive them were also used to evaluate 

applicability under other regulatory programs, including for PSD and Title V permitting under 

EPA's Tailoring Rule. Changing prior values may also undermine public confidence in the 

overall database.

If EPA nevertheless decides to revise prior reported emissions, EPA should recalculate the 

values itself, and not mandate that sources revise prior reports. However, EPA should allow 

sources the opportunity to review, and, as necessary, inform EPA of errors, prior to EPA making 

the "recalculated" emissions publicly available. EPA should also make it clear that any prior 

reported emission data that is recalculated based on any new GWP has no relevance to prior 

regulatory determinations made in reliance on prior GWP value, including for Title V or PSD 

applicability under the "Tailoring Rule."

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.
87

Commenter Name: Andrew T. O’Hare, Vice President, Government Affairs,

Commenter Affiliation: Portland Cement Association (PCA)

Document Control Number: EPA-HQ-OAR-2012-0934-0061-A1

Comment Excerpt Number: 4

Comment: As a general policy rationale, EPA suggests it is promoting transparency by

claiming that revision of GHG emission estimates in reports for years 2010, 2011, and 2012—

either by reporters or by the EPA—would allow for the comparison of emission data submitted 

for those reporting years with data submitted in 2013 and future reporting years and ensure that 

published annual GHG reports are based on a common metric. According to EPA, this would 

allow regulators and the public to more efficiently analyze changes in GHG emissions and 

industry trends in a time series. PCA disagrees with the above rationale. Cement makers have 

established, by means of a long history of tracking their GHG emissions, implementation plans 

for increasing energy efficiency and mitigating GHG emissions, all pursuant to various reporting 

programs that have not retroactively altered data for purposes of previous years’ recordkeeping. 

Furthermore, by revising methodologies and data retroactively to alter previously filed reports 

and denying the regulated community any control over new methodologies, EPA is undermining 

transparency in the regulatory process. 

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 2

Comment: An area where we do have concern is with EPA's proposal to apply the revisions to 

prior reporting years. EPA's preferred approach is to independently recalculate revised CO2e

emissions from the 2010, 2011, and 2012 reporting year emissions on the basis that it would 

allow for the comparison of emissions data submitted for those reporting years with data 

submitted in 2013 and future reporting years. A second proposed option is to have reporters 

resubmit their prior year reports using the revised GWPs. We do not concur with either of these 

approaches but believe a third approach is necessary; recommending that all technical revisions 

within the GHG MRR, now, and into the future, be applied prospectively.

We recommend that all technical revisions within the GHG MRR now, and into the future, be

applied prospectively. This approach will have the lowest impact on GHG regulatory permitting 

programs at the federal, state and local levels. If EPA believes that its GHG reporting program 

should be comparable over the years, then a less disruptive approach could be to re-calculate 

emissions and only report the global emissions change associated with the technical corrections. 

If a higher level of resolution is desired this report could also include the overall emission 

changes at the industry sector level; but not at a facility level. Also, this approach should not be 

selective in its updates, but include all technical updates that significantly impact emission 
88

estimates. This approach allows global comparisons of GHG emissions throughout the years, but 

avoids the facility level impacts that will occur with retroactive application of technical changes.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 3

Comment: EPA Should Not “Recalculate” Earlier GHGRP Data Utilizing the New GWP 

Values.

Since the stated purpose of the GHGRP is to “inform” and “complement” the Inventory, it is not 

clear why it is necessary to recalculate the GHGRP emissions rather than simply update the 

Inventory. In the preamble, EPA recognizes that other programs, such as the GHG “tailoring 

rule,” cross reference the Table A-1 GWP values for purposes of calculating GHG emissions and 

determining applicability under the NSR and Title V permitting programs. GPA recommends 

that EPA not recalculate the CY2010-CY2012 GHGRP emissions, as these emissions are in the 

public domain and the GWP values used to derive them were also used by sources for purposes 

of evaluating applicability of the NSR and Title V “tailoring” rule. 

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)25

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 4

Comment: ACC has a few concerns with EPA’s proposal to use these new GWPs and emission 

factors to revise and republish CO2e emissions estimates for the reporting years of 2010, 2011, 

and 2012. First, the precedential nature of this activity creates a considerable amount of 

uncertainty regarding how similar situations will be handled in the future. For instance, as the 

IPCC continues to update GWPs, it is unclear how, or even if, EPA plans to revise its own 

GWPs to remain consistent with new IPCC revisions. It is also unclear how often EPA may opt 

to revise or upgrade emission factors, and whether those changes will require older reports to be 

revised. These uncertainties need to be considered and addressed by the Agency. 

 

25 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
89

Response: For the response to the comment regarding EPA plans to revise GWPs in the future, 

see Section II.A.2 of the preamble. For the response to the comment regarding updates to 

emission factors and revision of prior year reports, see response to EPA-HQ-OAR-2012-0934-

0058-A1, Excerpt 17.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)26

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 5

Comment: Facilities often include emissions data in various documents besides GHG reporting 

to EPA, such as company reports, trade association data, SEC or other federal agency reports or 

filings, and the California Cap-and-Trade Program (the ARB Mandatory GHG Emissions 

Reporting Program). Multinational companies also may be including emissions data in reports or 

filings required by foreign countries on entities. Any revisions by the Agency to past data could 

create inconsistencies between EPA’s published data and the original data included in a variety

of other filings or publications. EPA’s revisions of data, if done on a company specific level, 

could create concerns and additional filing obligations for companies that have already certified 

and reported this information in, for example, their annual reports. Specifically, revisions to 

these numbers may raise unnecessary questions as to the accuracy of this data.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment. 

Commenter Name: Jennifer Cleary, Director, Regulatory Affairs

Commenter Affiliation: Association of Home Appliance Manufacturers (AHAM)

Document Control Number: EPA-HQ-OAR-2012-0934-0076-A2

Comment Excerpt Number: 3

Comment: Due to the revised global warming potentials in Table A-1, EPA intends to revise

CO2e emission estimates in reports for years 2010, 2011, and 2012 to allow for the comparison 

of emission data submitted for those reporting years with data submitted in 2013 and future years 

to ensure that the published annual GHG reports are based on a common metric. EPA proposed 

two options for those revised estimates. Under the first option, reporters would use the electronic 

Greenhouse Gas Reporting tool (e-GGRT) to convert already-reported data. Under the second 

option, EPA would independently recalculate revised CO2e emissions from the 2010, 2011, and 

2012 reporting year emissions or supply for each facility using the revised GWPs in Table A-1. 

EPA sought comment on the two options and expressed preference for the second option. 

AHAM agrees that the second option is the preferable one because it removes the added burden 

on reporters to recalculate previously reported data. Because, under the second option, the 

reporter would not be able to comment on or change the revised estimate, EPA stated that it 

 

26 Id.
90

would publish the revised estimates with a caveat explaining how the estimates were obtained 

and explaining that the emission values are not those submitted and certified by reporters. 

AHAM believes that for the second option to be workable, such a caveat is necessary to avoid 

confusion and accurately represent the data. 

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)27

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 3

Comment: We agree with the EPA that it is vitally important that reporters have consistent and 

predictable requirements to avoid additional compliance burden and costs. Further, it is 

important for stakeholders who use GHG MRR information to have access to accurate emissions 

estimates based on comprehensible and consistent information from year to year. The Agency’s 

plan to change prior facility emissions reports will undermine both goals.

Retroactive Application of the Revised GWP Values is Unwarranted and Will Impose 

Unnecessary Burden on GHG Reporters: 

WM objects to the retroactive revisions to GHG reports based on the proposed GWP values, 

because such revisions would be unnecessary and unduly burdensome for GHG reporters. We 

understand that under the UNFCCC guidelines for national inventories, EPA is required to 

recalculate national emissions when emission factors or other methodological approaches 

change. However, the GHG Reporting Program is independent of the national inventory, and 

should not be bound to that practice. Furthermore, the Agency’s rationale that retroactive 

changes to facility emission reports will assist the Agency with its national inventory is weak in 

light of the very different methods used to estimate national and facility emissions. As EPA has 

acknowledged, it calculates the national GHG inventory using top-down national energy data 

and other national statistics. But, the national data is not "broken-down at the geographic or 

facility level." 74 Fed Reg. 16455. To the extent facility-level emissions reported under the GHG 

MRR are used to validate or improve the national inventory, EPA can make appropriate updates 

in the context of the national inventory. It is not necessary to revise retroactively all facility-level 

emissions that were reported properly under the existing rule. 

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

 

27 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
91

Commenter Name: Chris M. Hobson, Chief Environmental Officer, Senior Vice President, 

Research & Environmental Affairs

Commenter Affiliation: Southern Company

Document Control Number: EPA-HQ-OAR-2012-0934-0051-A2

Comment Excerpt Number: 4

Comment: Southern Company does not support any revision of 2010, 2011, and 2012 

emissions if the proposed GWPs are adopted. If new GWPs are adopted, Southern Company

suggests including on EPA’s Facility Level Information on Greenhouse Gases Tool (FLIGHT) 

that the emissions data from each year (in this case 2010, 2011, and 2012) were calculated using 

other GWPs than are currently being used. EPA should list both the previous and new GWPs in 

FLIGHT. Anyone searching the emissions’ data sets could apply the updated GWPs as desired. 

Addressing the emissions in this way will eliminate the need to revise even more reports if EPA 

decides to update the GWPs again in the future.

If EPA decides to require revision and resubmission of prior year reports, it should allow 

reporters to resubmit voluntarily their own reports or, at a minimum, EPA should give reporters 

the choice of using option 1 or 2, and the ability to critique and revise any agency recalculations 

of CO2 emissions for 2010, 2011, and 2012, if it selects option 2.

Response: For the response to the comment recommending reporters be given the opportunity

to review and comment on recalculated CO2e values prior to publication, see Section III.B.2 of 

the preamble to the final rule.

Annual reports certified and submitted for previous reporting years are available for review at 

any time through the e-GGRT Website. EPA will not modify annual reports submitted by

reporters. Reporters that identify errors in their original reports must correct those errors in eGGRT and generate and certify a revised annual report. For additional information on the 

publication of CO2e emissions and supply data for reporting years 2010 through 2011 using the 

revised GWPs finalized in this rulemaking, please see Section III.B.2 of the preamble to the final 

rule.

Commenter Name: Frederick G. Fedri, Principal Environmental Specialist

Commenter Affiliation: Occidental Chemical Corporation (OCC)

Document Control Number: EPA-HQ-OAR-2012-0934-0106

Comment Excerpt Number: 1

Comment: OCC also underscores the request that EPA not require reporters to revise emissions 

reports from Reporting Years 2010, 2011, or 2012. The clerical and paperwork burden on 

industry should be streamlined as much as possible. A programming modification would easily 

update emissions data universally without the need for responses from each individual facility

and eliminate the time consuming reentry of data at the plant level This method would provide 

uniformity with a resulting higher degree of accuracy and consistency across all reporting 

entities. As stated by the ACC: "Option 2 would enable EPA to automatically revise its baseline 

without the need for company review." Whenever these changes are automatically conducted, an 

e-GGRT generated email advising the DR, ADR and Agents is recommended.
92

Response: See Section III.B.2 of the preamble to the final rule for EPA’s response to this 

comment.

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 4

Comment: EPA also asked whether EPA should require both recalculating the reports for prior 

years 2010 to 2012 and requiring those who did not meet the thresholds requiring that they report 

under the existing GWPs do so for those years if the new GWP’s bring them in the ambit of the 

rule. [Footnote: 78 FED REG. 63 (April 2, 2013), at 19833.]

We believe that the prior reports should be recalculated with the latest data for methane, because 

the higher 2009 value for its warming potential, as well as the 2007 values, are not due to a 

change in circumstance over time, which may not have pertained to earlier periods, but rather to 

a better understanding of methane’s secondary effects that have always existed. However, we do 

not advocate that earlier non-filers from prior years should be required to report for earlier years 

even if the new GWP values now make that necessary on a going forward basis.

Response: For the response to the comment regarding publication of CO2e emissions and 

supply data for reporting years 2010 through 2011 using the revised GWPs finalized in this 

rulemaking, see Section III.B.2 of the preamble to the final rule.

EPA is not requiring new reporters who became subject to reporting only as the result of changes 

in the GWP values to submit reports for previous reporting years. For additional information 

regarding this decision, please see the response to comment EPA-HQ-OAR-2012-0934-0041-

A1, excerpt 5 in Section 2.7 of this document.

Commenter Name: Dana Schnobrich, Senior Environmental Specialist

Commenter Affiliation: 3M Company

Document Control Number: EPA-HQ-OAR-2012-0934-0113-A2

Comment Excerpt Number: 5

Comment: We share the concerns expressed by the American Chemistry Council (ACC) in 

their comments on the modification of past reports based on updated Table A-1 data.

Response: See Section III.B.2 of the preamble to the final rule for the response to this comment.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)
93

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 3

Comment: EPA recalculation should lessen the burden for EPA (to review reports) and 

reporters (to revise reports), and INGAA agrees that reporter re-certification of previous reports 

would be burdensome and is not necessary. However, if errors occur in EPA recalculations and 

reporters cannot comment, significant burden could result due to an erroneous public record for 

an affected facility.

The preamble implies that there may be complications with recalculation for one subpart (i.e., 

Fluorinate Gas Production in Subpart L), but any concerns regarding a select industry should not 

limit the ability of reporters to comment on emissions attributed to their facilities. While INGAA 

supports EPA recalculation of previous annual emissions according to Option 2, INGAA 

strongly supports the right of reporters to review and comment on the revisions. EPA revisions to 

2010 to 2012 reports should supplement the previous company reports and reporters should not 

be obligated to recertify previous submittals, but allowed to comment if errors are evident.

As a supplement to Option 2 and implemented as an option at the reporter’s discretion, EPA 

could allow reporters to revise their previous submittals. EPA notes that reporters would be able 

to review revisions through e-GGRT, and that tool could be used to address all necessary

communications associated with revisions to previous annual reports.

Response: For the response to this comment, see Section III.B.2 of the preamble to the final 

rule.

Commenter Name: John M. McManus, Vice President, Environmental Services

Commenter Affiliation: American Electric Power (AEP)

Document Control Number: EPA-HQ-OAR-2012-0934-0079-A2

Comment Excerpt Number: 7

Comment: USEPA's two proposed options for obtaining the revised calculations are critically

flawed. Option 1 would impose a significant and unjustified burden on reporting entities. 

USEPA has not submitted an Information Collection Request to the OMB that would authorize 

the imposition of this new burden. Given the unnecessary nature of the recalculated emissions 

for 2010, 2011, and 2012, USEPA would not be able to justify requiring reporting entities to 

submit this additional information.

Option 2 would eliminate the additional reporting obligation for reporting entities that would be 

imposed under Option 1 by requiring USEPA to recalculate emissions for 2010, 2011, and 2012, 

but it would still require OMB approval before USEPA can expend funds to create the revised 

CO2e emission values. USEPA also states that "Option 2 would not give reporters the 

opportunity to provide feedback on their individual revised emissions or supply totals, or allow 

them to certify the amended totals at any point before or after republication." Instead, USEPA 

would publish the revised emission calculations "with a caveat explaining how the estimates 
94

were obtained and explaining that the emission values are not those submitted and certified by 

reporters." In fact, USEPA requests comment on whether its proposed Option 2 approach would 

be sufficient or if there is a need for review and certification of revised emission estimates by

reporters.

From a practical perspective, using AEP as an example, applying the proposed GWP changes to 

our 2012 emissions would result in a change of only 0.011%. Such an insignificant change does 

warrant expenditure of any resources on AEP's or EPA's part to resubmit the 2010-2012 reports.

USEPA should not impose the burden of review and certification of emission estimates by

reporters. As explained above, there is no practical value in recalculating emissions for 2010, 

2011, and 2012, and reporters should not be expected to devote resources to such an endeavor. 

On the other hand, USEPA's proposed rule unnecessarily attempts to foreclose the opportunity to 

correct USEPA calculations. If USEPA decides to move forward with Option 2, the Agency

should announce that it will accept and take into account any information submitted by reporters 

that is intended to correct or otherwise influence USEPA's recalculated CO2e emissions for 2010, 

2011, and 2012.

Response: The Office of Management and Budget (OMB) has previously approved the 

information collection requirements for 40 CFR part 98 under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060-0629, ICR 

2300.10. This includes collecting and verifying annual reports and making reported data 

available to the public in a manner that is useful and easy to understand. The ICR will be 

modified to reflect the burden change from this final rule. Although we agree with the 

commenter that the changes in the calculated CO2e will be small for some facilities, we note that 

certain industries (e.g., adipic acid plants, nitric acid plants, magnesium recycling and casting, 

and HCFFC-22 production plants), will have significant changes in their calculated CO2e values 

as a result of the revisions to the GWPs. While we could simply publish recalculated CO2e

values for those industries most affected by the GWP revisions, the costs associated with 

recalculating the CO2e emissions for all facilities are nominal since only minor computer 

programming will be necessary and, once written, the same program code can be easily applied 

to all reporters. The costs of EPA recalculating CO2e values for all reporters using the most up to 

date GWPs available is far outweighed by the benefit of having a complete and consistent 

data set for all reporting years.

Commenter Name: Kim A. Wolfe, Environmental Compliance

Commenter Affiliation: Savannah River Nuclear Solutions (SRNS)

Document Control Number: EPA-HQ-OAR-2012-0934-0032-A1

Comment Excerpt Number: 1

Comment: Page 6 of 77, "Section III of this preamble discusses the effective date of the 

proposed revisions for new and existing reporters and the options EPA is considering for revising 

and republishing emissions estimates for the reporting years 2010, 2011, and 2012." 
95

Recent changes in 40 CFR 98 are geared to reduce the reporting burden for facilities. There 

would be an undue burden to resubmit GHG emissions for calendar years 2010, 2011 and 2012. 

The change in emissions will not be significant to justify the revising and republishing of 

emissions estimates.

Response: See the response to comment EPA-HQ-OAR-2012-0934-0079-A2, Excerpt 7.

Commenter Name: Chris M. Hobson, Chief Environmental Officer, Senior Vice President, 

Research & Environmental Affairs

Commenter Affiliation: Southern Company

Document Control Number: EPA-HQ-OAR-2012-0934-0051-A2

Comment Excerpt Number: 3

Comment: In section III(B) of the preamble of the proposed changes to the rule, EPA gives two 

options for revising and republishing emissions from 2010, 2011, and 2012 using the proposed 

GWPs. Option 1 allows reporters to resubmit their prior year reports using the new GWPs. 

Option 2 puts a bigger burden on EPA as “EPA would independently recalculate revised CO2e

emissions” for the prior year reports.[Footnote: Federal Register / Vol. 78, No. 63 / Tuesday, 

April 2, 2013 / Proposed Rules pg.19834] Southern Company does not support either of EPA’s 

proposed options. Option 1 is inappropriate because recalculating, recertifying, and resubmitting 

three years of data would be extremely burdensome and time consuming. Option 2 is 

inappropriate because the new emission totals would not be certified by each facility’s 

designated representative. If EPA recalculates the emissions, the reporters will not have the 

ability to recertify the data.

Response: After reviewing the comments submitted by stakeholders, the EPA has selected 

option 2. For additional information on our reasons for selecting option 2, please see Section 

III.B.2 of the preamble to the final rule.

We disagree with the commenter that review and re-certification of the 2010 through 2012 

annual reports by reporters is necessary. The EPA will make no changes to the original annual 

reports submitted and certified by reporters. Instead, the EPA plans to revise CO2e values for 

each facility separately from the annual reports and to clearly identify the revised CO2e values as 

part of EPA’s analysis of the submitted data. The recalculated values will be reviewed by EPA 

staff prior to publication. We also note that the reported emissions of each individual GHG are 

not impacted by the change in GWPs. Only their relative impact as assessed by their GWP value 

changes. We therefore see no need for reporters to recertify their 2010, 2011, and 2012 annual 

reports. Please see Section III.B.2 of the preamble to the final rule.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 4
96

Comment: The technical corrections are geared at reducing the reporting burden for facilities. 

This would not be achieved by retroactively revising the GHG emissions reports for the reporting 

years 2010 through 2012. Revising previous reports places an unnecessary workload burden on 

the EPA and the regulated community. In addition to the burden of recalculating prior years 

emissions, the retroactive revisions will create a great deal of confusion for stakeholders that rely

on the GHG reports and raise questions about the validity of prior reporting efforts.

Response: See the response to comment EPA-HQ-OAR-2012-0934-0079-A2, Excerpt 7.

Commenter Name: Matt Hall

Commenter Affiliation: Consumers Energy Company

Document Control Number: EPA-HQ-OAR-2012-0934-0072-A1

Comment Excerpt Number: 3

Comment: Consumers Energy fails to see the value in revising previously filed emission reports

under the GHG Reporting Rule. The proposed rule states that “This would allow the EPA and 

the public to more efficiently analyze changes in GHG emissions and industry trends in a time 

series”. The cost associated with retrieving historic data and recalculating the reports, either by

the reporters themselves (Option 1) or by EPA staff (Option 2 – preferred by EPA), is not 

justified; especially in light of ongoing budgetary concerns at the Federal level. There are 

changes in data collection and reporting occurring all the time (e.g. facilities upgrading their 

monitoring equipment to provide more accurate data). Nothing about this proposed rule justifies 

the many millions of dollars needed to revise historic reports. If EPA desires to engage in 

historical data analysis, it should be justified through EPA’s Congressional budget process, not 

heaped upon the backs of businesses that filed prior reports in good faith under EPA’s approved 

GWPs.

Response: See the response to comment EPA-HQ-OAR-2012-0934-0079-A2, Excerpt 7. 

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 11

Comment: EPA’s two proposed options for obtaining the revised calculations are critically

flawed. Option 1 would impose a significant and unjustified burden on reporting entities. EPA 

has not, as required by the PRA, submitted an ICR to the OMB that would authorize the 

imposition of this new burden. Compare id. (noting that “this option would present an additional 

burden on reporters”) with id. at 19,842 (erroneously claiming that the proposed rule would not 

impose a new burden because the “proposed amendments ... do not make any substantive 

changes to the reporting requirements”). Indeed, given the unnecessary nature of the recalculated 

emissions for 2010, 2011, and 2012, EPA would not, consistent with the PRA’s standards, be 

able to justify requiring reporting entities to submit this additional information. It also does not 
97

appear that EPA’s estimate of a “total one-time cost of $3.5 million for resubmittal and 

recertification,” id. at 19,834, took into account the fact that the designated representative 

(“DR”) responsible for certifying 2013 reports may be different from the DR who certified the 

2010, 2011, and 2012 reports. EPA cannot assume that such resubmission and recertification will 

be a mechanical process. 

Option 2 would eliminate the additional reporting obligation for reporting entities that would be 

imposed under Option 1 by requiring EPA to recalculate emissions for 2010, 2011, and 2012, but 

it would still violate the requirements of the PRA, which requires OMB approval before EPA can 

expend funds to create the revised CO2e emission values.

Response: See the response to comment EPA-HQ-OAR-2012-0934-0079-A2, Excerpt 7.

Commenter Name: J. Michael Brown, Environmental, Safety and Health Director

Commenter Affiliation: Ohio Valley Electric Corporation (OVEC)

Document Control Number: EPA-HQ-OAR-2012-0934-0085-A2

Comment Excerpt Number: 4

Comment: Further, it would be a significant and unjustified reporting burden on the entities

subject to this rule to recalculate and resubmit emissions for 2010, 2011, and 2012. Accordingly, 

we do not support EPA’s proposal to apply revised GWPs retroactively to prior year reporting 

periods (2010 through 2012). We also see no practical value in the second option EPA is 

considering (i.e., EPA performing the recalculation of historical data without input from the 

sources). While we do not think EPA should revise the GWPs at all, if they were to do so, OVEC 

requests that any revised GWPs only be used for future year calculations and data submittals. 

Response: See the response to comment EPA-HQ-OAR-2012-0934-0079-A2, Excerpt 7.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)28

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 23

Comment: Retroactive revision of GHG emission data will also burden GHG reporters because 

they will be forced to either recalculate emissions (under Option 1) or validate the Agency’s 

calculations (under Option 2). In addition to the burden of recalculating prior years emissions, 

the retroactive revisions will create a great deal of confusion for stakeholders that rely on the 

GHG reports and raise questions about the validity of prior reporting efforts even outside of the 

mandatory reporting requirement. For example, over the last several years, companies such as 

WM have been at the forefront of voluntarily reporting GHG emissions (using similar methods 

 

28 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
98

as required under the GHG reporting rule) and other sustainability metrics to a wide variety of 

interested stakeholders such as investors, suppliers, and/or customers. Revising the GWP values 

on a retroactive basis may also require revisions to numerous reports, plans, or even 

certifications that were prepared based on the best available information at the time. Such reports 

may now be considered inaccurate based on EPA’s retroactive data changes. Companies would 

have a significant burden in trying to correct prior submissions or even verified certifications, 

and then communicating to stakeholders as to why those submissions have changed.

Response: See the response to comment EPA-HQ-OAR-2012-0934-0079-A2, Excerpt 7. 

The EPA disagrees with the commenter that providing recalculated CO2e values for reporting 

years 2010 through 2012 would result in any additional confusion to the public or investors. The 

EPA is not making revisions to the original certified annual reports submitted by reporters. The 

EPA will continue to make non-confidential versions of each report available online and to 

publish separately the recalculated CO2e values for reporting years 2010, 2011, and 2012 with an 

explanation of how and why the EPA recalculated the CO2e values. We also note that the 

changes in the GWP values in Table A-1 do not impact the underlying emissions reported for 

each individual GHG emitted or supplied by a reporter. For additional information on EPA's 

reasons for recalculating CO2e emissions and supply data and our approach to publication, please 

see Section III.B.2 of the preamble to the final rule. 

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 3

Comment: EPA requested comment on options for recalculating revised CO2e emissions from 

2010-2012 reporting year emissions based on the revised GWPs in Table A-1. AFPM supports 

Option 2 that EPA independently recalculate revised CO2e emissions from the 2010, 2011, and 

2012 reporting year emissions. However, AFPM members prefer that EPA simply revise the 

sector-based calculations based on these revisions rather than reporting revisions for each 

facility. 

Revisions for each facility will not be significant as methane emissions typically total no more 

than 1 to 2 percent of total CO2e emissions at most refineries and petrochemical facilities and 

only sector-wide reporting will provide meaningful results. Given that reporting would be 

revised on a sector-wide basis, there would be no need for review and certification of revised 

emissions estimates by reporters and revised calculations by the EPA as proposed in Option 2 

would be sufficient for publication. 

Response: EPA thanks the commenter for their input. However, we disagree with the 

commenter that only sector-based emissions are important. Trends in emissions reported by 

individual facilities can also be very useful. For example, changes in a facility's emissions reveal 

facilities that have successfully implemented GHG emission mitigation methods. In other cases, 
99

sector-level emissions may mask changes that are occurring at the facility level. For example, 

increases in emissions for one large facility may mask reductions at several smaller facilities.

Although we agree with the commenter that the changes in the calculated CO2e will be small for 

some facilities, we note that certain industries (e.g., adipic acid plants, nitric acid plants, 

magnesium recycling and casting, and HCFFC-22 production plants), will have significant 

changes in their calculated CO2e values as a result of the revisions to the GWPs. While we could 

simply publish recalculated CO2e values for those industries most affected by the GWP 

revisions, the costs associated with publishing recalculated CO2e emissions for all facilities are 

nominal; only minor computer programming will be necessary and once written the same 

program code can be easily applied to all reporters. The costs of recalculating CO2e values for all 

reporters using the most up to date GWPs available is far outweighed by the benefit of having a 

complete and consistent data set for all reporting years. 

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 14

Comment: If EPA does modify prior years' reporting, the County recommends that the revision 

take place on an industry-wide or sector basis rather than on an individual facility basis. This will 

avoid permitting complications and public concern.

Response: See the response to comment EPA-HQ-OAR-2012-0934-0060-A1, Excerpt 3.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)29

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 10

Comment: WM’s Recommendations: For the reasons previously described, WM does not 

support EPA’s proposal to apply the revised GWPs retroactively to previously submitted reports 

under the GHGMRR. If the Agency determines that some level of time series consistency is 

necessary; however, WM urges the Agency to recalculate emissions for whole sectors (e.g., 

MSW landfills reporting under Subpart HH) rather than recalculating individual facility

emissions. The newly recalculated emissions for aggregated sectors would more closely align 

with the national emissions inventory and would mitigate potential adverse regulatory

complications.

 

29 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
100

Response: For the response to the comment recommending GWP values not be applied 

retroactively, please see Section III.B.2 of the preamble to the final rule.

For the response to the comment recommending that CO2e values be recalculated at the sectorlevel rather than the facility-level, please see response to comment EPA-HQ-OAR-2012-0934-

0060-A1, Excerpt 3.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

30

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 5

Comment: API does not agree that modifying the prior year's GHGRP reporting data with the 

updated GWP values is needed at all. The GHGRP and the National Inventory are separate 

programs, although API does agree that the methodologies, factors, and GWP's used should be 

the same. However, this does not mean that prior year's data under the GHGRP or the National 

Inventory needs to be modified when changes to the GWPs are made. 

The only reason EPA has articulated (in the preamble) for modifying prior years' GHGRP 

reporting data is to enable comparison against the National Inventory of Greenhouse Gas 

Sources and Sinks. If the UNFCCC requires that previous national inventories be updated using 

the AR4 GWPs, EPA can make these adjustments at the sector level. However, our 

understanding of the IPCC reporting requirements is that AR4 GWP are to be applied for 

reporting years post 2012. 

API would like to point out that National Inventory and the GHGRP will never be completely 

comparable due to the differences in the scope and boundary for each of the two programs. 

If EPA is intent on modifying prior year GHGRP reported emissions, then there is no need to 

modify individual facility reports as proposed. To enable comparison against the National 

Inventory, which is EPA's stated intent, EPA can easily apply the ratios between the former 

GWPs and the proposed GWPs at the sector level. It is completely unnecessary and a waste of 

time and money to either require reporters to modify and resubmit their reports or for EPA to 

devote the manpower and monies to modifying individual facility reports. Sector level data are 

already available to EPA through the GHGRP data for each GHG gas. EPA can convert from the 

previous GWP values to the AR4 values for each GHG type at the aggregated sector level. For 

example, methane emissions from all refineries in 2011 were 762,056 tonnes CO2e. This total 

can be updated to the AR4 values simply by multiplying by the ratio of 25 (the AR4 GWP for 

CH4) over 21 (the GWP value for 2011 reporting). This would result in 907,209 tonnes CO2e

emissions using the AR4 GWP values. There is absolutely no need for EPA to make GWP 

adjustments to the GHGRP facility level data. 

 

30 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
101

API is opposed to Option 1 as proposed by EPA. Reporters should not be burdened with having 

to update and resubmit all previous reports. API is also opposed to Option 2, because there is a 

potential for EPA to introduce an error and reporters have no opportunity to comment on or 

approve the revisions EPA makes to the reports. If EPA does recalculate the published data at the 

aggregated sector level, then a caveat explaining EPA’s recalculation should be included with 

any published revised data along with a technical document explaining the procedures EPA took 

in modifying the prior reported data - including the QA/QC steps taken to ensure the 

recalculation was done correctly. 

In addition, EPA should not modify the reporting forms or the XML schema for 2010 through 

2012 reports to incorporate the new GWP values. Should a company need to resubmit a report 

for the years 2010 through 2012, the revised report should not apply the AR4 GWP values. 

Response: 

For the response to the comment that only sector-level CO2e values should be revised rather than 

facility-level CO2e values, please see the response to comment EPA-HQ-OAR-2012-0934-0060-

A1, Excerpt 3. For additional information on EPA's reasons for publishing recalculated CO2e

emissions and supply data for reporting years 2010 through 2012 and our approach to 

publication, please see Section III.B.2 of the preamble to the final rule.

For reporters submitting new or revised 2010 through 2012 annual reports, we will provide 

guidance on our website.

Commenter Name: David Biderman, General Counsel, Vice President (VP), Government 

Affairs

Commenter Affiliation: National Solid Wastes Management Association (NSWMA)

Document Control Number: EPA-HQ-OAR-2012-0934-0053-A2

Comment Excerpt Number: 4

Comment: The retroactive revision of GHG emission data will significantly burden GHG 

reporters because they will be forced to recalculate emissions themselves, or verify

recalculations performed by EPA. In addition to being a burden on existing reporters, there is no 

need for EPA to force retroactive revisions of facility emissions that were reported properly 

under the existing GHG Mandatory Reporting Rule. EPA is only required to recalculate national 

emissions under the national emissions inventory — a completely independent program. 

NSWMA recommends that if EPA decides to make any retroactive changes to emissions in the 

GHG Reporting Program, it does so by recalculating emissions for whole sectors, such as MSW 

Landfills reporting under Subpart HH, rather than for individual facilities.

Response: See the response to comment EPA-HQ-OAR-2012-0934-0060-A1, Excerpt 3.
102

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 5

Comment: Republic strongly urges EPA to not retroactively change the GWP. EPA has the 

responsibility to consider the enforcement challenges, inconsistent retroactive implementation, 

reporting burden and facility level GWP approach that disproportionally affects the MSW 

landfill section for the reasons previously described. Republic recommends EPA revise the GWP 

on an industry-wide sector level instead of at the facility level. This approach will allow EPA to 

still align with global inventory practices while significantly reducing the burden on both the 

EPA and the regulated community. Further, a GWP recalculation on an industry-wide sector 

level will minimize the potential impact on regulatory complications and reduce the confusion of 

an increase in emissions due to a methodology change.

Response: For the response to the comment regarding retroactive implementation of revised 

GWP values, please see Section III.B.2 of the preamble to the final rule.

For the response to the comment recommending the CO2e values be revised for sectors rather 

than individual facilities, please see the response to comment EPA-HQ-OAR-2012-0934-0060-

A1, Excerpt 3.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 4

Comment: If EPA is intent on modifying prior year GHGRP reported emissions, then there is 

no need to modify individual facility reports as proposed. To enable comparison against the 

National Inventory, which is EPA’s stated intent, EPA can easily apply the ratios between the 

former GWPs and the proposed GWPs at the sector level. It is completely unnecessary and a 

waste of time and money to either require reporters to modify and resubmit their reports or for 

EPA to devote the manpower and monies to modifying individual facility reports. Sector level 

data are already available to EPA through the GHGRP data for each GHG gas. EPA can easily 

convert from the previous GWP values to the AR4 values for each GHG type at the aggregated 

sector level. There is absolutely no need for EPA to make GWP adjustments to the GHGRP 

facility level data. 

Should EPA disregard GPA’s recommendation to simply apply a ratio at the aggregated sector 

level, EPA should recalculate the values, not mandate that reporters revise their prior reports. 

However, EPA must allow reporters the opportunity to review, and as necessary inform EPA of 

errors, prior to EPA making the “recalculated” emissions publicly available. It is unacceptable 

for unverified facility-level data to be publically available. 
103

Response: For the response to the comment recommended only sector-level CO2e values be 

recalculated, please see the response to comment EPA-HQ-OAR-2012-0934-0060-A1, Excerpt 

3. For the response to the comment recommending reporters be given the opportunity to review 

and comment on recalculated CO2e values that we intend to publish separately, please see 

Section III.B.2 of the preamble to the final rule.

Commenter Name: Angela D. Marconi, Cherry Island Landfill Gas Manager

Commenter Affiliation: Delaware Solid Waste Authority (DSWA)

Document Control Number: EPA-HQ-OAR-2012-0934-0077-A2

Comment Excerpt Number: 1

Comment: DSWA understands that the United States has committed to using the AR4 GWPs 

for national GHG inventory reporting for 2015 and future years. Based on that commitment, 

DSWA does not oppose the revision; however we are concerned about applying the revision 

retroactively to GHG reporting for 2010 through 2012. EPA has requested comments regarding 

the method of implementing the revision. DSWA is concerned that any revision of previously

certified data will create confusion for data users and generate questions regarding the reliability

of reporting as a whole. DSWA recommends that EPA apply the revision to the GWP to future 

reporting only. Revision to previous reports has puts a burden on the regulated community by

increasing work load (if the reporting community performs that changes) and creates confusion 

for the public by “increasing” emissions of local sources when no actual change has taken place. 

DSWA understands that tailoring rule permits are linked to GHG MRR reporting results so that 

revision of these reports has an impact on some potential to emit (PTE) and permitted limits. 

These revisions have the potential to cause problems for ongoing projects that have already 

permitted using the GWP of methane as 21. If EPA feels the need to have a comparative number 

for 2010 through 2012 reporting years, DSWA recommends that the revision take place on an 

industry wide scale rather than an individual facility basis. This will avoid permitting 

complications and public concern.

Response: For the response to the comment stating that EPA should not recalculate facilitylevel CO2e emissions for previous reporting years because it would result in uncertainty and 

confusion for reporters and the public, please see Section III.B.2 of the preamble to the final rule.

For the response to the comment recommending sector-level CO2e values be revised rather than 

facility-level CO2e values, please see the response to comment EPA-HQ-OAR-2012-0934-0060-

A1, Excerpt 3.

For the response to the comment that recalculating CO2e values would impact permitting, please 

see Section II.A.2.c of the preamble to the final rule.

Commenter Name: David Biderman, General Counsel, Vice President (VP), Government 

Affairs

Commenter Affiliation: National Solid Wastes Management Association (NSWMA)
104

Document Control Number: EPA-HQ-OAR-2012-0934-0053-A2

Comment Excerpt Number: 8

Comment: The retroactive revision of the GHG emissions data is contrary to well-settled 

principles of law disfavoring retroactivity. The United States Supreme Court has repeatedly and 

consistently ruled that the retroactive application of laws and regulations is disfavored. See, e.g., 

Landgraf v. USI Film Products, 511 U.S. 244 (1994); Bowen v. Georgetown University Hospital, 

488 U.S. 204, 208-09 (1988). The federal appeals courts have noted the Clean Air Act does not 

authorize EPA to enact rules with primary retroactive effect. Sierra Club v. Whitman, 285 F.3d 

63, 68 (D.C. Cir. 2002). EPA has not proffered a justification for proposing to apply the revised 

GWP retroactively, and in any event, for the reasons set forth above, should not do so.

Response: Although the EPA is revising certain GWPs currently in Table A-1 and making other 

minor rule revisions, none of these changes apply retroactively to reporters. EPA is not requiring 

new reporters who became subject to reporting only as the result of changes in the GWP values 

to submit reports for previous reporting years. Nor are we requiring existing reporters to submit 

and certify revised annual reports for previous reporting years or review and certify revised CO2e

values calculated by the EPA. Instead, the EPA will publish revised CO2e emission estimates for 

facilities in a separate analysis, based on the emissions data previously submitted by reporters in 

their 2010, 2011, and 2012 annual reports. The EPA is not making any revisions to reports 

previously submitted and certified by reporters. Instead, the EPA plans only to publish a version 

of the CO2e values for reporting years 2010 through 2012 using the revised GWPs in Table A-1 

to provide a consistent time series for comparison to those values reported in 2013 and 

subsequent years. For additional information on EPA's reasons for publishing CO2e emissions 

and supply data based on the revised GWPs in Table A-1 and our approach to publication, please 

see Section III.B.2 of the preamble to the final rule.

Commenter Name: Robert W. Lucas, Climate Change Project Manager and Gerald D. 

Secundy, President

Commenter Affiliation: California Council for Environmental and Economic Balance 

(CCEEB)

Document Control Number: EPA-HQ-OAR-2012-0934-0035-A2

Comment Excerpt Number: 5

Comment: EPA has focused on recalculating emissions retroactively based upon only technical 

changes to the GWPs, but has neglected to consider other proposed significant technical changes 

that can impact the overall emission estimates. For example, EPA proposes to increase the cover 

methane oxidation rates at landfills from 10% to up to 35%. This action has the potential to 

significantly reduce methane emission estimates at landfills and perhaps counter the proposed 

methane GWP increase, yet EPA will not consider this change in its proposed retroactive 

recalculation. This example demonstrates, in part, the difficulty EPA faces when applying a 

retroactive application of technical changes, rather than prospective application of its actions.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.
105

Commenter Name: Robert W. Lucas, Climate Change Project Manager and Gerald D. 

Secundy, President

Commenter Affiliation: California Council for Environmental and Economic Balance 

(CCEEB)

Document Control Number: EPA-HQ-OAR-2012-0934-0035-A2

Comment Excerpt Number: 6

Comment: Retroactive application of technical changes that impact GHG emission estimates 

can not only impact application to other EPA regulations, but also potentially state programs. For 

example, the State of California has adopted and is actively implementing its AB 32 GHG 

reduction program, which is being implemented by the California Air Resources Board (CARB). 

The program requires statewide GHG emissions to be reduced to 1990 levels by 2020, and also 

has the goal of a far-reaching GHG reduction of 80% below 1990 levels by 2050. California also 

has a mandatory GHG reporting program that has attempted to align itself with the EPA 

program. Among many differences, the California program requires third-party independent 

verification of GHG emission reports, and the certified emission estimates from the program are 

used to determine applicability of California's Cap-and-Trade Program. In addition, the 1990 

GHG emissions target was a result of extensive inventory analysis, by CARB, and the present 

and future "business as usual" and cap targets were all determined through this same inventory

process.

GHG inventory calculations and emissions reports rely heavily on GWPs. It has been the goal of 

California and much of industry to make the GHG reporting programs consistent with the EPA 

program. GHG reporting programs are costly to implement so it only makes sense to condense 

efforts into one action. Therefore, as alignment of the programs increases, policy decisions at the 

federal level regarding application of technical changes will increasingly impact the far more 

complex GHG control programs at the state or local level. It is recognized that technical factors 

that affect GHG emissions will change over time and CARB will have to grapple with how to 

incorporate these changes into the very complex AB 32 program, however application of these 

factors retroactively will bring with it a layer of issues that can have far-reaching impacts. In 

California, applying GWPs retroactively affects emission targets, emission caps and compliance 

obligations under the cap-and-trade program, as well as previously submitted GHG reports. EPA 

needs to consider the unintended consequences of its far-reaching policy decisions regarding the 

retroactive application of GWPs.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)31

 

31 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
106

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 1

Comment: WM does not oppose the Agency’s proposal to revise the GWPs in Table A-1 to 

conform to the UN Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment 

Report (AR4). The U.S. has committed to submitting its National GHG Inventory for 2015 and 

future years using the GWPs published in the AR4. However, consistent with that commitment, 

WM supports the Agency’s use of the revised GWPs to calculate facility emissions solely on a 

prospective basis, once it finalizes and publishes these Technical Corrections. As described 

below, WM believes that the retroactive application of the GWP values to the GHG reporting 

rule and/or other potentially affected programs such as the Prevention of Significant 

Deterioration ("PSD") or Title V permitting programs would be inappropriate from both a policy

and legal perspective. 

Response: For the response to the comment on retroactive application of GWP values, please 

see Section III.B.2 of the preamble to the final rule.

For the response to the comment that recalculating CO2e values would impact PSD and title V 

permitting programs, please see Section II.A.2.c of the preamble to the final rule.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)32

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 4

Comment: EPA’s Intent to Apply Revised GWPs on a Retroactive Basis is Inconsistent with 

the Goals and Scope of the Overall Proposal.

While the Agency is proposing to make retroactive changes to facility emissions using revised 

GWPs, which for MSW landfills will increase facility emissions by about 20 percent, EPA is not 

proposing to recalculate facility emissions to reflect other changes to reporting methodologies. 

WM is concerned that this inconsistency in approach will fail to provide accurate or meaningful 

data in the overall context of the Technical Corrections. For example, the Agency’s Technical 

Corrections include changes to refine methane oxidation rates at landfills from 10 percent to 25 

or 35 percent, which could significantly reduce estimates of landfill methane emissions. Yet the 

Agency has not proposed to make retroactive changes in facility emissions to reflect these 

refined methodological changes. Accordingly, the Agency’s intent to make retroactive changes 

to facility emissions based on GWP is internally inconsistent with the overall scope of the 

proposed rule changes, and reflects an arbitrary selection of particular revisions to apply on a 

retroactive basis. The revised GHG emissions data will have little value if revisions address one 

change (e.g., GWP value) but not others (e.g., methane oxidation rates). 

 

32 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
107

Retroactive revision of GHG emission data will also burden GHG reporters because they will be 

forced to either recalculate emissions (under Option 1) or validate the Agency’s calculations 

(under Option 2). In addition to the burden of recalculating prior years emissions, the retroactive 

revisions will create a great deal of confusion for stakeholders that rely on the GHG reports and 

raise questions about the validity of prior reporting efforts even outside of the mandatory

reporting requirement. For example, over the last several years, companies such as WM have 

been at the forefront of voluntarily reporting GHG emissions (using similar methods as required 

under the GHG reporting rule) and other sustainability metrics to a wide variety of interested 

stakeholders such as investors, suppliers, and/or customers. Revising the GWP values on a 

retroactive basis may also require revisions to numerous reports, plans, or even certifications that 

were prepared based on the best available information at the time. Such reports may now be 

considered inaccurate based on EPA’s retroactive data changes. Companies would have a 

significant burden in trying to correct prior submissions or even verified certifications, and then 

communicating to stakeholders as to why those submissions have changed. 

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: David Biderman, General Counsel, Vice President (VP), Government 

Affairs

Commenter Affiliation: National Solid Wastes Management Association (NSWMA)

Document Control Number: EPA-HQ-OAR-2012-0934-0053-A2

Comment Excerpt Number: 3

Comment: Retroactively revising the GWP value of methane from 21 to 25 is arbitrary and 

capricious, as it is internally inconsistent with other aspects of EPA's proposal. The increased 

GWP for methane would result, mathematically, in an increase in facility emissions by nearly 

twenty percent. This will almost certainly require some landfills that were not previously subject 

to the GHG reporting rules to report their emissions. However, EPA is not proposing to make 

retroactive changes to landfill emissions that reflect the revised proposed methane oxidation 

values. Some landfills may see a change in their methane oxidation rates from ten to thirty-five 

percent, which could significantly reduce estimates of their emissions. However, EPA has 

chosen not to apply this retroactively, and has not provided any justification for its selective 

retroactive application of one aspect of the proposed rule (GWP) and not another (methane 

oxidation). Such decisions should be supported by record evidence, and in this case, there is no 

explanation by EPA for its decision making in this regard.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.
108

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 3

Comment: The EPA has neglected to consider other significant technical changes that will 

impact the overall emission estimates when retroactively changing the GWP. Specifically, MSW 

landfills expect to see an increase in modeled emissions by 20% if the proposed GWP for 

methane changes to 25 from the existing GWP of 21. However, proposed changes that could 

significantly reduce landfill emission estimates by refining the methane oxidation methods from 

10% up to 35% are not considered. By excluding such reductions when retroactively increasing 

the GWP for methane undermines the value of the data.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 5

Comment: EPA's proposed retroactive approach to updating past reports is based only on the 

proposed technical changes to the GWPs, but has neglected to consider other proposed 

significant technical changes that can impact the overall emission estimates. For example, EPA 

has proposed to increase the cover methane oxidation rates at landfills from 10% to up to 35%. 

This action has the potential to significantly reduce methane emission estimates at landfills and 

perhaps counter the proposed methane GWP increase (20%), yet EPA will not consider this 

change in its proposed retroactive recalculation. This example demonstrates, in part, the 

difficulty EPA faces when applying a retroactive application of technical changes, rather than 

prospective application of its actions.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: David Isaacs, Vice President, Government Affairs

Commenter Affiliation: Semiconductor Industry Association (SIA)33

Document Control Number: EPA-HQ-OAR-2012-0934-0078-A2

Comment Excerpt Number: 4

Comment: In the preamble to the proposed rule, EPA asks whether the agency should 

recalculate the national level of emissions in prior years using the updated GWPs. It is important 

 

33 The comments of the Semiconductor Industry Association were also supported by Texas Instruments Incorporated 

(EPA-HQ-OAR-2012-0934-0063-A1) and Intel Corporation (EPA-HQ-OAR-2012-0934-0090-A2).
109

that any comparative analysis of GHG levels be based on the same GWPs. It makes sense that 

once the GWPs are changed, all subsequent comparative analyses would be based on the new 

GWPs. However, the prior GWPs need to be retained, perhaps as an appendix to the rule. It is 

appropriate to retain the GWPs used in the past so that, in the future, parties will be able to 

understand what set of GWPs were used in past reporting and analyses. If the old Table A-1 is 

not retained in the rule, it will not be possible to do that. Also, going forward any analysis by

EPA should explicitly note which set of GWPs was used in the analysis. 

Response: EPA thanks the commenter for their input. We agree with the commenter that GWP 

values used in previous reporting years should be available to both reporters and the public to 

avoid confusion over which GWPs were in effect at the time reports were submitted. However, 

we disagree with the commenter's recommendation that the original Table A-1 be retained in the 

regulatory text. Including two versions of Table A-1 in the regulatory text could be confusing to 

many reporters and increases the potential to for reporters to accidentally use GWP values from 

the wrong table. Instead, these GWP values remain available in the published Federal Register

from the final Part 98 (74 FR 56260, October 30, 2009). We will also provide guidance to 

reporters submitting 2010 through 2012 reports on our website, where we already provide a 

significant amount of guidance and support materials for reporters. For additional information on 

EPA's publication of the revised CO2e data, please see Section III.B.2 of the preamble to the 

final rule.

Commenter Name: Andrew T. O’Hare, Vice President, Government Affairs,

Commenter Affiliation: Portland Cement Association (PCA)

Document Control Number: EPA-HQ-OAR-2012-0934-0061-A1

Comment Excerpt Number: 5

Comment: There is no precedent about which PCA is aware for the retroactive revision of 

reports, or operating permits. Prior history is quite the contrary. PCA notes that EPA has over the 

years made modifications to AP-42 air emission factors but not obliged facilities to modify

already approved operating permits. Only once the permits expire are the new factors then used. 

EPA has never required reporting entities to change or alter data included in past operating 

permits for the purpose of attempting to clarify longer term trends in concentration levels of 

regulated pollutants. EPA’s current proposal to alter data pursuant to revised Global Warming 

Potentials (GWPs) is therefore inconsistent with long established regulatory norms. Any major 

departure from regulatory norms would constitute arbitrary and capricious action on the part of 

EPA.

Response: See Section III.B.2 of the preamble to the final rule for EPA's response to this 

comment. 

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)
110

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 5

Comment: GPA recommends that Table A-1 be divided into two tables; one table applicable 

for the 2010-2012 reports, and a separate table that is applicable for 2013 and beyond. The 

current format does not make it clear which factors are applicable for the initial reporting period 

of 2010-2012, which leads to problems with future auditing, and makes the 2010-2012 reports 

out of compliance with the GHGRR.

Response: See the response to comment EPA-HQ-OAR-2012-0934-0078-A2, Excerpt 4.

Commenter Name: John M. McManus, Vice President, Environmental Services

Commenter Affiliation: American Electric Power (AEP)

Document Control Number: EPA-HQ-OAR-2012-0934-0079-A2

Comment Excerpt Number: 6

Comment: USEPA has proposed to revise the CO2e emission estimates in annual reports for 

reporting years 2010, 2011, and 2012 using the proposed revised GWP values, and has proposed 

two options to accomplish this. USEPA's "Option 1" would require all reporters who submitted 

annual reports for 2010, 2011, and 2012 to resubmit their prior year reports using the revised 

GWPs. Under "Option 2," USEPA would itself calculate the revised CO2e emissions. These 

proposals are unnecessary and seriously flawed, and USEPA should not proceed with these 

proposed actions. The GWPs USEPA has proposed to adopt are not necessarily improved or 

more technically precise than the values USEPA has already adopted based in the IPCC's

Second, Third, and Fourth Assessment Reports. Recalculation of past emission estimates based 

on these new GWPs cannot, therefore, guarantee greater accuracy. Accordingly, there is no 

practical reason to proceed with recalculating emissions for 2010, 2011, and 2012.

Response: The EPA disagrees with the commenter that recalculating the CO2e emissions using 

the revised GWPs is unnecessary and seriously flawed. The IPCC AR4 provides revised GWPs 

of several GHGs relative to the values provided in previous assessment reports. The revised 

values represent advances in scientific knowledge of the relative radiative efficiencies and 

atmospheric lifetimes of these GHGs compared with CO2. Because the GWPs provided in the 

AR4 reflect an improved scientific understanding of the effects and lifetimes of these gases in 

the atmosphere, the AR4 values are more appropriate for supporting the overall goal of the 

reporting program to provide accurate emissions data that is consistent with other programs. To 

allow comparison of the facility-level CO2e emissions and supply data reported in 2010 through 

2012 with that reported in 2013 and future years, the EPA has decided to publish a version of the

CO2e values based on the GWPs revised in this rulemaking in addition to the annual report 

values that reporters have submitted and certified. For additional information on EPA's reasons 

for publishing separate CO2e emissions and supply estimates and our approach to publication, 

please see Section III.B.2 of the preamble to the final rule.
111

Commenter Name: Matt Hall

Commenter Affiliation: Consumers Energy Company

Document Control Number: EPA-HQ-OAR-2012-0934-0072-A1

Comment Excerpt Number: 1

Comment: EPA’s intent to revise previously filed reports based on their “new” GWP values is 

extremely troubling and an unnecessary and complex paperwork exercise premised on GWP 

values that may change again as new scientific discoveries arise. Instead, prior reports and 

findings should be grandfathered from any future revisions to Table A-1 (i.e. continue to rely on 

the Table A-1 data at the time of the regulatory action); any other approach is revisionist and 

adds great uncertainty to established regulatory processes and determinations.

Response: See response to comment EPA-HQ-OAR-2012-0934-0079-A2, Excerpt 6.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 10

Comment: The GWPs EPA has proposed to adopt are not necessarily improved or more 

technically precise than the values EPA has already adopted based in the IPCC’s Second, Third, 

and Fourth Assessment Reports. Recalculation of past emission estimates based on these new 

GWPs cannot, therefore, guarantee greater accuracy. Under such circumstances, there is no 

practical reason to proceed with recalculating emissions for 2010, 2011, and 2012. 

Response: See response to comment EPA-HQ-OAR-2012-0934-0079-A2, Excerpt 6.

2.8 Other comments on proposed revisions to Table A-1

Commenter Name: Matt Hall

Commenter Affiliation: Consumers Energy Company

Document Control Number: EPA-HQ-OAR-2012-0934-0072-A1

Comment Excerpt Number: 4

Comment: EPA’s proposed rule brings up a fundamental question on lingering scientific 

uncertainty in the GHG Reporting Rule; if EPA intends to periodically revise foundational 

material, including GWPs and equations, why are reporters calculating the CO2e emissions 

instead of reporting out the quantities of the individual Greenhouse Gases? EPA acknowledges 

the capability to calculate CO2e emissions based on submitted GHG data.

Thus, EPA should seriously evaluate the option of streamlining the rule by having reporters 

supply only the direct emissions data (not the subsequent calculations per GWPs to determine 

CO2e), which is – in most instances – already being collected for compliance purposes for other 
112

CAA programs, as a compliance tool for the GHG reporting program. This would save reporters 

time and resources as well as give EPA staff the ability to historically review CO2e data for 

research purposes.

Response: As explained in the preamble to the proposed GHG reporting rule (74 FR 16543, 

April 10, 2009), because GHGs have different heat trapping capacities, they are not directly 

comparable without translating them into common units. The GWP of each GHG embodies the 

heat-trapping ability and atmospheric lifetime of that GHG relative to that of CO2. For reporting 

purposes, aggregating all GHGs on a CO2e basis at the source level allows a side-by-side 

comparison of the total emissions of all GHG gases from one source with emissions from other 

sources.

To facilitate the calculation of CO2e, EPA has included a “roll-up” function in e-GGRT that 

automatically converts the chemical-specific emissions and supplies entered by reporters who 

use the e-GGRT web-forms or downloadable reporting forms into CO2e based on the Table A-1 

GWPs. In addition, EPA makes applicability tools and calculation spreadsheets available to 

facilities and suppliers to simplify calculation of CO2e in other contexts. Thus, the burden 

associated with requiring facilities and suppliers to calculate and report their own CO2e 

emissions is limited.

For a number of reasons, it is useful, and in some cases necessary, for facilities and suppliers to 

calculate and/or certify their own CO2e emissions or supplies. First, for those source or supplier 

categories with a CO2e threshold, the CO2e values calculated using the GWPs in Table A-1 are 

used to determine the applicability of Part 98 to a particular facility or supplier. For example, 

facilities use the GWPs to calculate facility-level CO2e emissions for comparison to the 25,000 

metric ton CO2e per year emission threshold in 40 CFR 98.2(a)(2), according to the requirements 

of 40 CFR 98.2(b), to determine whether the facility is subject to reporting. In this case, the 

facility must calculate its own CO2e before it ever reports to EPA.

Second, under 40 CFR 98.2(i)(2) and (3), reporters may cease reporting (with some conditions) 

if their emissions are less than 25,000 metric tons CO2e per year for five consecutive years, or 

less than 15,000 metric tons CO2e per year for three consecutive years. To ensure that reporters 

are aware of the magnitude of their CO2e emissions, it is important for reporters to certify their 

CO2e emissions each year. This is accomplished by certifying their CO2e totals via the e-GGRT 

system when their reports are submitted.

Third, for some subparts, reporters are required to calculate CO2e to determine which methods 

they are allowed to use to estimate emissions. For example, under 40 CFR 98.123(c)(1)(v), 

subpart L reporters use the GWPs in Table A-1 to convert F-GHG emissions to CO2e for the 

different F-GHGs emitted by each process vent. The CO2e is used to determine whether or not 

the reporter may use engineering calculations to develop an emission factor for that vent. 

Commenter Name: Darin Schroeder, Clean Air Task Force (CATF) et al.

Commenter Affiliation: Clean Air Task Force (CATF) et al.
113

Document Control Number: EPA-HQ-OAR-2012-0934-0071-A1

Comment Excerpt Number: 4

Comment: EPA proposes “to adopt only GWP values based on a 100-year time horizon, 

although other time horizons are available in the IPCC AR4 (e.g., the 20-year or the 500-year 

GWPs).” 78 Fed. Reg. at 19810. We support EPA’s use of 100-year GWPs in the GHG RR, but 

urge EPA to also use 20-year GWPs. EPA should make facility GHG emissions data available 

using both the100-year GWP and 20-year GWP, and facilities which emit 25,000 tons per year 

of GHGs, calculated using either a 100-yr or 20-yr GWP, must be required to report their GHG 

emissions under the GHG RR.

GWP is an index based on the time-integrated global mean radiative forcing of a pulse emission 

of a specific amount of a given compound, relative to that of the same mass of CO2. [Footnote: 

AR4 (Working Group I) at Section 2.10.1]. However, GHGs not only have different heattrapping capacities, but also different longevities in the atmosphere. Therefore, a given 

compound will have different GWPs when considered over different time horizons. For example, 

while CO2 has an atmospheric lifetime of between 50 and 200 years, methane’s life is relatively 

short—12 years. [Footnote: See, e.g., 

http://www.epa.gov/climatechange/ghgemissions/gases/ch4.html]. As a result, methane will have 

a higher GWP at shorter time horizons, as its effect diminishes in the later years compared to 

CO2. According to the IPCC’s AR4, methane has a 100-year GWP of 25, but a much higher 20-

year GWP of 72. [Footnote: AR4 (Working Group I) at Section 2.10.2.]

In light of the above, the use of different time horizons for GWPs in the GHG RR will have 

important policy implications. The exclusive use of a 100-year GWP implies that the only period 

of concern for climate change is 100 years; i.e., that pollutants should only be weighted by the 

climate damage that they produce during a full century after they are emitted. However, climate 

damages such increasing temperatures, rising sea levels, worsening air quality, and other impacts 

are already affecting Americans today, and will continue over the coming years and decades, not 

just a century from now. [Footnote: 74 Fed. Reg. at 66524-25.][Footnote: 74 Fed. Reg. at 

66533.][Footnote: 74 Fed. Reg. at 66525.] Further emissions will exacerbate these impacts over 

the coming decades. Methane’s climate potency and short lifetime make controlling methane 

emissions now particularly critical. While reductions of carbon dioxide emissions are essential to 

mitigate climate change, CO2 already emitted will continue for many years to warm the climate 

at dangerous rates and to dangerous levels (due to its long lifetime in the atmosphere). Reducing 

emissions of methane and other climate warmers with relatively short lifetimes (“short-lived 

climate pollutants” or “SLCPs”) is critical to slow down rapid warming, and to reduce the peak 

of the warming. Conversely, if we allow methane emissions to continue to significantly increase, 

those emissions will substantially increase the pace and severity of climate change. However, the 

100-yr GWP that EPA uses exclusively weights emissions in a way that systematically deemphasizes the importance of reducing emissions of methane and other SLCPs.

As the EPA and other global bodies have recognized, the solution to this puzzle is not to focus 

on reductions of SLCPs over CO2, or the other way around, but rather to recognize that 

reductions of both SLCPs and CO2 are imperative if we are to make progress in slowing the 

onslaught of global warming. See, e.g., Statements by Climate and Clean Air Coalition (an 

international initiative which was founded in part by the United States); the United Nations 
114

Environment Programme; and the Executive Body of the Convention on Long Range 

Transboundary Air Pollution. [Footnote: Available at 

http://www.unep.org/ccac/ShortLivedClimatePollutants/tabid/101650/Default.aspx.] [Footnote: 

United Nations Environment Programme, (2011): Integrated Assessment of Black Carbon and 

Tropospheric Ozone: Summary for Decision Makers(available at: 

http://www.unep.org/dewa/Portals/67/pdf/BlackCarbon_SDM.pdf), at 2.] [Footnote: Report of 

the Ad-hoc Expert Group on Black Carbon at paragraph 27, 

http://www.unece.org/env/documents/2010/eb/eb/ece.eb.air.2010.7.e.pdf].

Therefore, EPA must require reporting under the GHG RR based on both a 100-year and a 20-

year time horizon, including requiring emissions reporting from facilities that exceed the 

reporting threshold using either a 100-yr GWP or a 20-yr GWP to calculate GHG emissions.

EPA’s rationale for requiring reporting in the GHG RR based solely on a 100-year GWP time 

horizon is simply to maintain consistency with the UNFCCC’s agreement to report national 

inventories for international purposes based on the 100-year GWP. 78 Fed. Reg. at 19810. As we 

have pointed out, the GHG RR and UNFCCC inventories are not identical and have different 

purposes. Therefore, there is no overriding need to limit reporting of GHG in the GHG RR to the 

precise approach used by the UNFCCC. Rather, at bottom, it appears that EPA’s reluctance to 

require additional reporting based on 20-year GWP is grounded in administrative convenience. 

But this perceived benefit in a 100-year GWP-only approach is clearly outweighed by the 

importance of providing both 100-and 20-year GWPs to enable policymakers to make informed 

decisions on the best strategies to address climate change issues without overemphasizing either 

reductions of SLCPs or CO2.

To enable enhanced reporting with both 100-year and 20-year GWPs, EPA would likely have to 

propose and finalize amendments to 40 C.F.R. §98.2(b), which currently requires potential 

reporters to determine whether they are covered by the GHG RR using the 100-year GWP 

figures in Table A-1. If EPA provides 20-year GWPs in a separate table, the coverage provision 

could simply be amended to require potential reporters to report if their emissions meet the 

25,000 ton CO2e threshold based on either set of GWPs in each of the two tables.

At this time, we do not take a position on whether 20-year GWPs should also be used to 

determine emissions control obligations under other Clean Air Act programs. The two-table 

approach we propose would defer this possibility for now because the PSD and Title V programs 

determine their applicability to sources based on calculations which use only Table A-1 GWPs, 

meaning that providing alternate 20-year GWPs in another table for reporting coverage purposes 

would not affect those programs. See, e.g., 40 C.F.R. §§ 51.166(b)(48) & 52.21(b)(48). 

Enhanced reporting would, of course, help policymakers decide whether extended control 

coverage for sources of SCLPs would be appropriate.

Response: See Section II.A.2.b of the preamble to the final rule for EPA's response to this 

comment.
115

Commenter Name: Joseph Otis Minott, Executive Director,

Commenter Affiliation: Clean Air Council

Document Control Number: EPA-HQ-OAR-2012-0934-0064-A1

Comment Excerpt Number: 1

Comment: EPA Should Adopt a 20-year Time Horizon for Methane’s Global Warming 

Potential. EPA made the decision to use the “100-year [global warming potential (“GWP")] 

listed in the IPCC's Second Assessment Report (“SAR”) to be consistent with the international 

standards under the United Nations Framework Convention on Climate Change (“UNFCCC”) 

(IPCC, 1996).” [Footnote: U.S. EPA, Methane – Science, 

http://www.epa.gov/outreach/scientific.html (last visited May 15, 2013).] EPA reiterated that 

policy position in the recent proposal stating that: “[w]e are proposing to adopt only GWP values 

based on a 100-year time horizon, although other time horizons are available...[b]ecause the 

proposed changes are intended to make the GHGRP reporting methods more consistent with the 

Inventory, we are not considering the use of other GWPs based on other time horizons.” 78 Fed. 

Reg. 19,810. However, the IPCC has stated that “if the policy emphasis is to help guard against 

the possible occurrence of potentially abrupt, non-linear climate responses in the relatively near 

future, then a choice of a 20-year time horizon would yield an index that is relevant to making 

such decisions regarding appropriate greenhouse gas abatement strategies.” [Footnote: IPCC, 

Climate Change 1994: Radiative Forcing of Climate Change and an Evaluation of the IPCC IS92 

Emission Scenarios 229 (John T. Houghton et al., ed., Cambridge University Press 1995).] 

Further, as discussed above, the purpose of the GHGRP is not to be consistent with the 

Inventory, it is to inform regulation of GHGs under the CAA. Undercounting the GWP of 

methane is willfully undercutting t he CAA and its effectiveness in addressing climate change 

especially for short - lived climate forcers such as methane.

The political and scientific communities have recognized the need to reduce emissions by 50% 

by 2050 – and up to 80% in developed countries – to avoid “the likelihood of massive and 

irreversible disruptions of the global ecosystem.” [Footnote: Commission of the European 

Communities, Communication from the Commission to the Council, the European Parliament, 

the European Economic and Social Committee and the Committee of the Regions: Limiting 

Global Climate Change to 2 Degrees Celsius: The Way Ahead for 2020 and Beyond 3 (2007), 

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0002:FIN:EN:PDF.] 

Scientists at the U.N. Climate Conference in 2007 agreed in the “Bali Climate Declaration by 

Scientists” that “[i]n order to stay below 2oC, global emissions must peak and decline in the next 

10 to 15 years, so there is no time to lose.” [Footnote: Climate Change Research Centre, 2007 

Bali Declaration by Scientists (2007), http://www.climate.unsw.edu.au/bali/.] Furthermore, 

methane breaks down in the atmosphere after an average of only 12 years, so the 20-year time 

horizon accounts for methane’s intense, short-term impact better than the 100-year time horizon, 

which underestimates by averaging it over a longer period. Because the 20-year time horizon 

will have a large effect on emissions regulations and better comports with the goals of reducing 

greenhouse gas emissions in the short term, it should replace the 100-year time horizon. (See 

Attachment A, discussing recent studies on the time horizon for global warming potential).
116

“Methane’s relatively short atmospheric lifetime, coupled with its potency as a greenhouse gas, 

makes it a candidate for mitigating global warming over the near - term (i.e., next 25 years or 

so)”.

Response: See Section II.A.2.b of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 3

Comment: Each GHG has a different residence time in the atmosphere before they decay or are 

absorbed, from 0.38 years for methylene chloride to 50,000 years for PFC-14, with 12 years for 

methane. [Footnote: IPCC, Fourth Assessment Report: Chapter 2: Changes in Atmospheric 

Constituents and in Radiative Forcing (2007), at p. 212.] In order to equate the comparative 

warming potential for each GHG to CO2, the same residency must be assumed to perform the 

calculation, even though, in fact, the gases remain airborne for vastly different periods. The 

current convention for that common denominator is 100 years, which initially was the proxy for 

CO’s duration in the atmosphere. [Footnote: Id.]

However, global warming does not proceed linearly over time, but rather, accelerated by positive 

feedback loops, changes in climate can ramp up rapidly and irreversibly in the near term as 

tipping points are crossed. [Footnote: Timothy M. Lenton, et al.,“Tipping elements in the Earth’s 

climate system,” 105 PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES 6, at 

pp.1786-1793.] In response to this implacable reality, a growing body of scientific opinion has 

more recently urged a two-pronged strategy to address those points of no return. This is not to 

suggest either ignoring or demoting the long-term consequences. Rather, the recommendation is 

only to recognize that, in order to sustain the viability of human institutions until that far-off day

arrives, we must first insure that quick action is taken to avert crossing key tipping points, after 

which further remedial action is no longer possible:

“Policy must evolve and incorporate the emerging science in order to be effective. There 

is a growing need to create a two-pronged framework capable of not only mitigating 

long-term climate change but also managing the magnitude and rate of change of nearterm R[adiative] F[orcing]. Short-lived pollutants (black carbon and tropospheric ozone) 

and medium-lived pollutants (methane) account for more than half of the positive RF 

generated in years 1 to 20.” [Footnote: Stacy C. Jackson, “Parallel Pursuit of Near-Term 

and Long-Term Climate Mitigation,” 326 SCIENCE 526 (2009), excerpted from 526-

527. See, also, Alissa Kendall, et al., “Accounting for Time-Dependent Effects of Biofuel 

Life Cycle Greenhouse Gas Emissions Calculations,” Environ. Sci. Techn. (August 14, 

2009), p.6907.]

Once the need for such a two-pronged strategy is understood, then attention quickly turns to 

methane as the most important GHG for that approach, as Dr. Jackson alludes to in his above 
117

statement. According to climate scientists at NASA, the combination of methane’s warming 

potency, and its short lifetime in the atmosphere, plays an especially critical role in the near term 

when we confront those critical tipping points. Methane’s residency is 12 years, and, when 

measured in the next 20 instead of 100 years, is 105 times as powerful as CO2: [Footnote: IPCC, 

Fourth Assessment Report: Chapter 2: Changes in Atmospheric Constituents and in Radiative 

Forcing (2007), at p. 212.]

“[F]easible reversal of the growth of atmospheric [methane] and other trace gases would 

provide a vital contribution toward averting dangerous anthropogenic interference with 

global climate...[Methane] deserves special attention in efforts to stem global 

warming...Given the difficulty of halting near-term CO2 growth, the only practical way to 

avoid [dangerous interference] with climate simultaneous efforts to reverse the growth of 

[methane].

Similarly, Robert Watkins, the co-chair of the IPCC’s Third Assessment, recently wrote in the 

disappointing aftermath of Copenhagen: [Footnote: James Hansen, “Greenhouse gas growth 

rates”, 101 PROCEEDINGS OF THE NATIONAL ACADEMY OF SCIENCES 46 (November 

16, 2004), p.161094.]

“This month’s Copenhagen talks focused on the leading climate change culprit: CO2. But 

reversing global temperature increases by reducing carbon emissions will take many 

decades, if not centuries. Even if the largest cuts in CO2 contemplated in Copenhagen are 

implemented, it simply will not reverse the melting of ice already occurring ...The most 

obvious strategy is to make an all-out effort to reduce emissions of methane. Methane’s 

short life makes it especially interesting in the short run, given the pace of climate 

change. If we need to suppress temperature quickly in order to preserve glaciers, reducing 

methane can make an immediate impact. Compared to the massive requirements 

necessary to reduce CO2, cutting methane requires only modest investment. Where we 

stop methane emissions, cooling follows within a decade, not centuries. That could make 

the difference from any fragile systems on the brink.” [Footnote: Robert Watson and 

Mahamed El-Ashry,“A Fast, Cheap Way to Cool the Planet,” The Wall Street Journal 

(December 29, 2009).]

Indeed, EPA, itself, has long observed methane’s critical importance for addressing short term 

climate impacts:

“This relatively short lifetime makes methane an excellent candidate for mitigating the 

impacts of global warming because emission reductions could lead to stabilization or 

reduction in methane concentrations within10-20 years.” [Footnote: EPA, U.S. Methane 

Emissions1990–2020: Inventories, Projections, and Opportunities for Reductions 

(EPA430-R-99-013, 1999), at p.1-2.]

For these reasons, we strongly recommend that the GHG reports convert methane emissions into 

carbon dioxide equivalents using 20-year GWP values on supplemental tables, to accompany the 

100-year values, so that decision-makers seeking to address the distinct set of near term climate 

issues will have the proper facts on which to act. In the case of methane, as noted, that would be 

a multiplier of 105× CO2’s warming potential when using the latest data, and 72 times CO2’s, 
118

when using the data from AR4. This additional supplementation also comports with the 

UNFCCC protocols. The Second Assessment stated that while the UN Framework held there 

should be one set of consistent100 year based GWP values across reporting nation’s inventories, 

it also specifically provided that “[p]arties may also use other time horizons.” [Footnote: EPA, 

Greenhouse Gases and Global Warming Potential Warming Values (April 2002), at p.9.]

Response: See Section II.A.2.b of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Michael E. Van Brunt, Director, Sustainability

Commenter Affiliation: Covanta Energy Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0082-A2

Comment Excerpt Number: 3

Comment: We support the U.S. EPA’s proposal to include the 100-year GWP of 25 published 

in the IPCC’s 4th Assessment Report. Methane is a potent greenhouse gas, more potent that even 

recognized by the 2007 IPCC GWP: When accounting for aerosol effects, NASA Goddard 

Institute and Columbia University scientists estimated methane’s true 100-year Global Warming 

Potential at 34. Over shorter time period (i.e. 20-years), increasingly the focus of United Nations 

Environmental Programme and U.S. State Department efforts, methane is over 70 times more 

potent than CO2. While we understand that the EPA’s aim is to make the Rule more consistent 

with its inventory prepared in accordance with UNFCCC guidance, the potency of methane 

elevates the importance of accurate quantification of methane emissions. For this reason 

specifically, we urge the U.S. EPA to reevaluate its assumptions for the methane emissions from 

critical sources of methane, such as landfills, especially since more recent data exists within the 

agency.

Response: See Section II.A.2.b of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: C. Lish

Commenter Affiliation: Mass comment campaign34

Document Control Number: EPA-HQ-OAR-2012-0934-0065-A1

Comment Excerpt Number: 2

Comment: Thank you for updating the latest Greenhouse Gas Reporting Rule (GHG RR). 

Although the proposed rule will increase the Global Warming Potential (GWP) of methane, I am 

concerned that the GWP for methane does not reflect the latest science. The Intergovernmental 

Panel on Climate Change is due to release its latest GWP estimates for methane this September. I 

 

34 This comment is part of a mass comment campaign (Docket Id. No EPA-HQ-OAR-2012-0934-0089). The 

comment text in this excerpt was also submitted by 2,382 commenters in form letters received by the Federal Docket 

Office.
119

urge the Environmental Protection Agency (EPA) to adopt their methane figures when they

become available.

I ask the EPA to adopt a GWP for methane over a 20-year timeline in addition to the 100-year 

timeline. Methane belongs to the class of short-lived climate pollutants (SLCPs). Whereas 

carbon dioxide (CO2) may remain in the atmosphere between 50 and 200 years, methane lasts 

just 12. For this reason, any GWP for methane calculated only over a 100-year time period will 

substantially undervalue its atmospheric effects. Underestimating the global warming effects of 

methane emissions will have huge implications for all kinds of policy decisions including 

whether a facility meets the 25,000 tons of CO2 equivalents threshold for reporting under the 

rule.

With the threat of climate change ever closer, I appreciate that the EPA is updating its GHG RR. 

At this critical time, it is essential that the EPA continue to make use of the best available science 

in its regulatory decisions.

Response: See Section II.A.2.b of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: C. Gross

Commenter Affiliation: Mass comment campaign35

Document Control Number: EPA-HQ-OAR-2012-0934-0097-A1

Comment Excerpt Number: 1

Comment: I am concerned that, while the updated EPA Greenhouse Gas Reporting Rule (GHG 

RR) increases the Global Warming Potential (GWP) of methane, the figure may not reflect 

methane's true impact. The Intergovernmental Panel on Climate Change (IPCC), which first 

sounded the alarm on climate change, has stated that methane is 72 times more potent than 

carbon dioxide. That’s much greater than the estimate that the EPA is proposing to use and raises 

concerns that the GWP for methane is not based on the latest science.

Since methane is among the short-lived climate pollutants (SLCPs), it is also vital to consider its 

impacts over a time frame reflective of its actual 12-year life span rather than solely over the 100 

year period more suitable to CO2. Obviously, any GWP for methane calculated only over a 100-

year time period would undervalue its actual atmospheric effects, resulting in inaccurate and 

potentially harmful rule making and decisions on facility compliance.

While I appreciate the EPA updating its GHG RR, it is essential that it employs the best available 

science to ensure that its rules and decisions correctly address this very serious issue. I urge the 

EPA to adopt the Intergovernmental Panel on Climate Change's methane figures when they

become available later this year.

 

35 The commenter submitted comments under a mass comment campaign. See excerpts for DCN EPA-HQ-OAR2012-0934-0065.
120

Response: See Section II.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: M. Ballin36

Commenter Affiliation: Mass comment campaign

Document Control Number: EPA-HQ-OAR-2012-0934-0102-A1

Comment Excerpt Number: 1

Comment: I am a Canadian citizen concerned about the environment and climate change. I rely 

on scientific organizations like yours to be accurate and effective in taking account of all 

potential damage to the atmosphere. Please consider all scientific evidence in the case of the 

impact of methane.

Response: See Section II.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: D. McKee37

Commenter Affiliation: None

Document Control Number: EPA-HQ-OAR-2012-0934-0108-A1

Comment Excerpt Number: 1

Comment: The Intergovernmental Panel on Climate Change is due to release its latest GWP 

estimates for methane this September. I urge the EPA to adopt their methane figures when they

become available as they are the most accurate and comprehensive.

Response: See Section II.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: K. Sorvig

Commenter Affiliation: None

Document Control Number: EPA-HQ-OAR-2012-0934-0110-A1

Comment Excerpt Number: 1

Comment: The Greenhouse Gas Reporting Rule (GHG RR) needs updating, and I appreciate 

your efforts toward that end. However, I am concerned that the update should use the best 

available scientific and statistical methods of estimating methane's potential impact. This would 

 

36 The commenter submitted comments under a mass comment campaign. See comment excerpts for DCN EPAHQ-OAR-2012-0934-0065-A1.

37 The commenter submitted comments under a mass comment campaign. See excerpts for DCN EPA-HQ-OAR2012-0934-0065.
121

mean using the figures about to be released by the Intergovernmental Panel on Climate Change, 

and ensuring that the estimates correlate with the relatively short atmospheric retention of 

methane, which makes its impact very immediate, and would be underestimated by looking at 

the hundred-year period commonly used in regard to CO2.

Using the right measures has further impact in such calculations as the thresholding of reporting 

for facilities, something that is already skewed due to the legal definition of methane compressor 

stations as point sources no matter how many of them are clustered in a facility.

Please use the IPCC and related data in setting your standards.

Response: See Section II.A.2 of the preamble to the final rule for EPA's response to this 

comment.

3.0 Other Revisions to the General Provisions

3.1 Revisions to General Provisions reporting requirements (e.g., ORIS code, 

latitude/longitude)

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

38

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 6

Comment: EPA is proposing to revise the reporting requirements of 98.3(c )(1). EPA is

proposing that facilities that do not have a physical address report latitude and longitude 

coordinates. This proposed addition is not intended as an option for any facility whose physical 

address coincides with their facility operations. It also is not intended for use by suppliers and 

importers and/or exporters covered by Part 98, or facilities reporting under subpart W in the 

natural gas distribution (40 CFR 98.230(a)(8)) or onshore petroleum and natural gas production

(40 CFR 98.230(a)(2)) industry segments. API has no objection to this revision. 

Response: The EPA acknowledges the commenter's summary and feedback on this portion of 

the proposal, but the EPA is making no changes to the proposed rule to respond to this comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 2

 

38 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
122

Comment: Under current § 98.3(c)(1), facilities must report their physical address, including 

city, state and zip code. EPA says it intended this provision to require reporting of the physical 

address where the reported emissions occur. Because some facilities apparently do not have an 

assigned street address and their mailing address is not co-located with their physical address, 

EPA now proposes to require facilities without an assigned street address to report latitude and 

longitude coordinates instead. 78 Fed. Reg. at 19,814. EPA also proposes to add a requirement to 

§98.3(c)(13) for all facilities with a power generating unit to report the facility Office of the 

Regulatory Information System (“ORIS”) code for “each power generation unit.” Id. at 19,814-

15, 19,844. 

UARG generally does not object to the reporting of this information. Most EGUs already report 

such numbers under 40 C.F.R. Part 75. See, e.g., 40 C.F.R. §§ 75.53(e)(1), 75.64(a)(1)(ii)(H). 

Moreover, UARG has previously asked EPA in the context of comments on its Electronic 

Greenhouse Gas Reporting Tool (“e-GGRT”) to use the ORIS code for electric utilities rather 

than developing a separate facility code for this program. UARG repeats that request here. 

UARG also notes that because ORIS codes are assigned to power plants, not generation units, 

under EPA’s proposal, the same ORIS code would be reported for each “generation unit” at a 

single facility. 

As for reporting of latitude and longitude, consistent with UARG’s overall comments regarding 

the over-expansiveness of the already promulgated rules, UARG requests that EPA consider 

whether that level of detail really is needed or whether a nearby mailing address would suffice. 

UARG also requests that, consistent with limits on its authority under CAA § 114, EPA explain 

how the Agency is using or plans to use that information (i.e., how the information has practical 

utility). 

Response: The practical utility of location data for regulated emissions sources is well 

established. EPA relies upon accurate location information for internal verification purposes and 

for external publication of geographic GHG inventories. EPA has found that when facilities 

supply a mailing address in lieu of a physical street address, the reported address is often far 

from the physical location where emissions occur, or the actual location of the emissions cannot

be readily determined. Additionally, without location data the Agency cannot implement the 

inspections authorized under section 114(a)(2) of deriving sound regulations for the diverse 

population of regulated sources, the EPA finds requiring sources without physical street 

addresses to report latitude and longitude to be a reasonable approach for determining this 

fundamental attribute of sources. For EPA’s response to the comment regarding the use of ORIS 

codes, see Section II.A.4 of the preamble to the final rule. 

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

39

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 8

 

39 The comments of the American Petroleum Institute were also supported by Marathon Oil Company and Marathon 

Petroleum Company LP (EPA-HQ-OAR-2012-0934-0114).
123

Comment: EPA is proposing to include instructions on entering Parent Company Names. The 

rule would require reporters to refer to reporting instructions for e-GGRT regarding the 

standardized conventions for the naming of a parent company. The proposed language is: 

98.3(c)(11)(viii) "The facility or supplier must refer to the reporting instructions of the electronic 

GHG reporting tool regarding standardized conventions for the naming of a parent company." 

EPA intends to provide a pick list of company names. The pick list was developed based on the 

following steps: 

(1) Names were standardized and research was conducted to verify the name submitted was the 

highest-level of the company in the U.S. 

(2) For GHG reporters who also report to the Toxics Release Inventory (TRI), standardized 

names were sourced from the TRI parent company database 

(3) For the sectors covered by the GHG reporting program only, parent companies were derived 

from internet research 

(4) The List of Parent Companies with local government agencies was removed. 

EPA has provided a style guide for naming the parent company if your parent company is not 

already on the pick list. The pick list is available for download. 

98.3(c)(11) requires reporting "Legal name(s) and physical address(es) of the highest-level 

United States parent company(s) of the owners (or operators) of the facility or supplier and the 

percentage of ownership interest for each listed parent company as of December 31 of the year 

for which data are being reported..." API has reviewed the pick list of parent company names 

and is concerned with EPA assigning, in some cases, a name to meet the requirement for 

reporting the legal name of the highest-level U.S. parent company that is inconsistent with the 

name previously reported by e-GGRT registered facilities. It is more appropriate for reporters 

rather than EPA to determine the name of their highest level U.S. parent company given the 

complicated structure of many companies. 

If EPA finalizes this amendment, API requests that reporting companies be provided a 

mechanism to revise a parent company name in the pick list or reach an agreed upon the name 

with EPA in the event the reporting company disagrees with the name assigned by EPA. This 

should be done before the list is uploaded into e-GGRT for the 2013 reporting year. EPA should 

not revise or eliminate a parent company name previously reported by a facility in e-GGRT

without first consulting with the reporter. API suggests a meeting with EPA to revise the list of 

parent company names for API member companies prior to finalizing the amendments. 

Alternatively if EPA wants reporters to use the company names in the pick list for the purpose of 

reporting the name of the parent company, API recommends §98.3(c)(11) be revised as follows: 

"(11) Legal name(s) and physical address(es) of the highest-level United States parent 

company(s) of the owners (or operators) of the facility or supplier or the name(s) from the 

"GHGRP: Established Parent Company Names" list and the percentage of ownership interest 
124

for each listed parent company as of December 31 of the year for which data are being reported 

according to the following instructions:..." 

Also, neither the redline edits to Subpart A or the preamble information for the proposed rule 

indicate if the company naming convention needs to be revised for previously submitted reports, 

or if the new naming convention only applies to reports submitted starting in 2013. API objects 

to having to resubmit previous reports just to update the parent company name. 

Response: See Section II.A.4 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Sean P. Flynn, Environmental Manager; Gregory Wilkins, Environmental, 

Auditing, and Processes Manager

Commenter Affiliation: Marathon Oil Company; Marathon Petroleum Company LP

Document Control Number: EPA-HQ-OAR-2012-0934-0114

Comment Excerpt Number: 1

Comment: We would like to specifically identify that the EPA proposed parent company list 

included the name of Marathon Petroleum Company LP, but it did not include the name of 

Marathon Oil Company or Marathon Oil Corporation. In June of 2011, Marathon Oil 

Corporation split into two separate independent publicly-traded companies, Marathon Oil 

Corporation and Marathon Petroleum Corporation. Marathon Oil Corporation is headquartered in 

Houston, TX and is an upstream company focusing on oil and gas exploration and production. 

Marathon Petroleum Corporation is headquartered in Findlay, OH and is a downstream company 

focusing on refining and marketing. These are independent, publicly-traded companies, with no 

affiliation. If EPA's intent is to list the highest operating entity, it should list Marathon Oil 

Company and Marathon Petroleum Company LP. If your intent is to list the highest parent 

company in the chain, you should list Marathon Oil Corporation and Marathon Petroleum 

Corporation. Marathon Petroleum Company LP has reporting obligations under the reporting 

rules, whereas Marathon Petroleum Corporation does not operate any assets and has no reporting 

obligations. 

Response: See Section II.A.4 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 3
125

Comment: UARG objects to EPA’s proposal to revise the rules to require compliance with a 

document – i.e., the e-GGRT reporting instructions – that has not gone through rulemaking or 

been approved by the OMB in an ICR. Although the rules authorize EPA to specify a “format” 

for the submission of electronic reports, see § 98.5, the substance of the information that must be 

reported must be defined in the rule and supported by an approved ICR. EPA cannot defer to 

“reporting instructions” the specification of substantive elements of the rule. Although EPA 

suggests that its instructions are simply identifying a naming convention for use in the required 

reports, they are inappropriately and unlawfully dictating the substance of what can be reported.

Response: See Section II.A.4 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: J. Michael Brown, Environmental, Safety and Health Director

Commenter Affiliation: Ohio Valley Electric Corporation (OVEC)

Document Control Number: EPA-HQ-OAR-2012-0934-0085-A2

Comment Excerpt Number: 2

Comment: We object to EPA’s proposal to revise the rules to require compliance with the eGGRT reporting instructions as they have not gone through rulemaking or been approved by

OMB. 

Response: See Section II.A.4 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 4

Comment: UARG objects to the requirement in the current version of e-GGRT and the 

accompanying reporting instruction that facilities limit percent ownership information for parent 

companies to a percent ownership in the entire facility. As explained above, many facilities with 

EGUs have complicated ownership structures. Rather than several entities having a distinct 

percent ownership in the entire facility, they often have a distinct percent ownership in only one 

or more of the EGUs located at the facility. For example, one unit may be owned in some equal 

or unequal percentage by companies X and Y, whereas another unit may be owned in some equal 

or unequal percentage by companies W, V, and X. In such a case, some companies with 

ownership interest in a specific EGU may have no percent ownership in the rest of the facility, 

and no ownership interest in the facility as a whole. In 2011, such facilities were able to report 

information on percent ownership in a manner that was consistent with the actual ownership. In 

2012, EPA removed that flexibility and now proposes to codify its inflexible approach. UARG 

questions the consistency of EPA’s inflexible approach with the requirement in § 98.4(e)(1) that 
126

facility officials certify a report as “true, accurate, and complete,” given that EPA is limiting 

those officials’ ability to control the substance of their own reports. UARG also believes that 

allowing facilities to report the percentage of ownership in individual generating units better 

facilitates EPA’s goal of “accurately attribut[ing] GHG emissions to the correct parent 

companies.” 78 Fed. Reg. at 19,815. 

Response: This comment is out of scope for this rulemaking as EPA did not propose any 

changes to reporting of parent company percentages. 

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)40

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 9

Comment: ACC supports the proposed changes to Subpart A, including providing latitude and 

longitude data in lieu of an address, reporting the Office of the Regulatory Information System 

(ORIS) code for each power generation unit and submitting extension requests at least five 

business days prior to the expiration of the extension. However, while ACC is supportive of EPA 

providing guidance to reporters on specifying a parent company, ACC is concerned with EPA’s 

proposal to, in some cases, assign a name to meet the requirement for reporting the legal name of 

the highest-level U.S. parent company that is inconsistent with the name previously reported by 

e-GGRT registered facilities. It is more appropriate for reporters, rather than EPA, to determine 

the name of their highest level U.S. parent company given the complicated structure of many

companies. EPA should include a mechanism for either including parent company names already

reported in e-GGRT for the prior reporting years, or allowing names to be added prior to 

uploading reports into e-GGRT.

Response: See Section II.A.4 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Frederick G. Fedri, Principal Environmental Specialist

Commenter Affiliation: Occidental Chemical Corporation (OCC)

Document Control Number: EPA-HQ-OAR-2012-0934-0106

Comment Excerpt Number: 3

Comment: The use of latitude and longitude data in lieu of a physical address should be 

implemented. The EPA should determine whether the coding contained in the RMP Guidance for 

RMP*eSubmit will be used. There are over 20 location codes to place the latitude and longitude. 

For example, specific instructions on whether the centroid of the plant or the "administration 

building" would clarify what is needed. Also, e-GGRT should have a FAQ entry to instruct the 

 

40 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106)
127

regulated community on how to make changes from a physical address to latitude and longitude 

information and the consideration in making changes to the lat/long if the exact lat/long for the 

designated location changes in the future. Currently there is nothing on the e-GGRT system that 

indicates a procedure for changing a physical address of a facility following a facility change 

based on any number of reasons.

Response: EPA thanks the commenter for their support. EPA has amended the final rule text in 

§98.3(c)(1) to state that a facility without a physical street address should provide the latitude 

and longitude representing the geographic centroid or center point of facility operations, this 

would be analogous to the code “CE” in the RMP Guidance. EPA will also draft an FAQ to 

explain the format for this data and the process a facility must go through to update their 

certificate of representation to provide a latitude and longitude, if they do not have a physical 

street address, and under what circumstances the latitude and longitude should be updated should 

facility operations move in the future. 

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

41

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 7

Comment: EPA is proposing that facilities with a power generation unit would report the ORIS

code for each power generation unit. 

As shown in the redline for Subpart A, this revision is added as a new paragraph (13) under 

98.3(c ). API suggests that this revision be added under 98.3(c )(12), as it only applies to Part 75 

units (i.e. units subject to Subpart D). 

Response: EPA is not finalizing the proposed paragraph at 40 CFR 98.3(c)(13). See Section 

II.A.4 of the preamble to the final rule for EPA’s response to this comment.

Commenter Name: Eldon Lindt, Director of Auditing, Environmental Policy & Services

Commenter Affiliation: Xcel Energy, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0074-A1

Comment Excerpt Number: 2

Comment: 40 CFR §98.3(c)(13) - ORIS Code

We agree that the use of this code will make verification and reporting easier. In addition to 

reporting the number to EPA, we strongly urge you to publish this number in any data set 

containing plant level data which EPA creates or publishes. Xcel Energy makes the following 

 

41 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
128

additional comments related to EPA’s proposal requiring ORIS codes for each power generation 

unit.

There is a discrepancy between the definition of an ORIS code in §98.6 and the proposed 

revision in §98.3(c)(13). The definition indicates that the ORIS code is a four digit number 

assigned to each power plant while the proposed revision in §98.3(c)(13) requires an ORIS code 

for each power generation unit. This discrepancy needs to be resolved.

The ORIS code needs to align with the code assigned by EIA, which is an integer containing 

between one and five digits. The EIA and FERC format contains the integer formatted without a 

thousand coma separator.

The EPA should include a clear and concise applicability statement for this requirement. We 

recommend that all plants which are subject to both EIA’s form 860 reporting requirements, and 

MRR be required to include the ORIS code with Subpart C and/or D submissions. We believe 

the proposed definition for the ORIS code being applicable to power plants owned by utilities 

could be misconstrued.

Response: EPA is not finalizing the proposed paragraph at 40 CFR 98.3(c)(13). See section 

II.A.4 of the preamble to the final rule for EPA’s response to this comment.

Commenter Name: Chris M. Hobson, Chief Environmental Officer, Senior Vice President, 

Research & Environmental Affairs

Commenter Affiliation: Southern Company

Document Control Number: EPA-HQ-OAR-2012-0934-0051-A2

Comment Excerpt Number: 5

Comment: Southern Company supports EPA’s proposed requirement to report Office of the 

Regulatory Information System Codes (ORIS) codes for the facilities that have them. The 

definition of ORIS code that EPA proposed to add to section 98.6 is correct; however, EPA’s use 

of ORIS code in section 98.3(c)(13) is not correct and does not match the proposed definition. 

ORIS codes are given to facilities not to individual units. Section 98.3(c)(13) should state “ORIS 

code for each power generation facility” not “ORIS code for each power generation unit”.

Response: EPA is not finalizing the proposed paragraph at 40 CFR 98.3(c)(13). See section 

II.A.4 of the preamble to the final rule for EPA’s response to this comment.

3.2 Clarification to extension for submittal of revised reports

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

42

 

42 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
129

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 9

Comment: For submitting report revisions, 98.3(h)(1) and (2), EPA is proposing to require 

reporters to submit a request for any additional extension beyond the 30-day automatic extension 

at least 5 business days prior to the expiration of the initial 30-day extension. 

API supports these revisions. 

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 5

Comment: Under § 98.3(h)(4), the owner or operator of a facility that has discovered a 

substantive error in a previously submitted annual GHG report, or that has received notice from 

EPA of an alleged error in a report, may request an extension of the otherwise applicable 45-day

period for submission of a revised report or other response. However, a 30-day extension is 

automatically granted only if the request is received within a certain time period and then only if 

EPA does not respond to the request by the end of the initial 45-day period. EPA proposes to 

revise the provision to provide an automatic 30-day extension, but then to set a new timeframe 

and new criteria for any additional requests. 78 Fed. Reg. at 19,815, 19,844. Specifically, a 

request for an additional extension would have to be submitted at least 5 business days prior to 

expiration of the 30-day extension, and EPA would have to make an affirmative finding based on 

the request that additional time was warranted. Id. 

UARG supports revision of this rule, which reflects that fact that the 45 day period often is not 

sufficient. The change would relieve EPA from any obligation to track and consider action on 

initial extension requests. However, rather than provide for an automatic initial extension, 

UARG suggests that EPA consider simply extending the initial deadline to 75 days. 

Response: EPA thanks the commenter for their general support for this proposed change. 

Regarding the comment to change the 45-day initial period and 30-day extension to one 75-day

period, EPA has noted that most verification issues within the first two years of e-GGRT

reporting are resolved within the initial 45-day period. EPA is making the 30-day extension 

automatic, if applied for, to ease burden on reporters with complex verification issues and also to 

ease burden on EPA staff. Since it is clear that most reporters do not need the 30-day extension 

to resolve their verification issues, EPA is finalizing this change as proposed.
130

3.3 Revisions to General Provisions definitions

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

43

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 17

Comment: API believes most of the definitional changes to the continuous bleed and 

intermittent bleed pneumatic devices definitions shown in the redline version of the proposed 

rule are already in the final rule. It appears that the only change proposed that is not already in 

the final rule is changing the "do" to "does" in the intermittent bleed pneumatic devices 

definition. However, API asserts that more extensive changes to the pneumatic controller 

definitions and emission factors are needed to provide clarity and correct misconceptions 

about certain devices, i.e. controllers. 

Based on the 2011 data reported under Subpart W of the GHGRP, pneumatic controllers seem to 

be the largest source of emissions in the Onshore Petroleum and Natural Gas Production sector, 

representing 17 MMT CO2e. Intermittent bleed controllers represent 61% of the calculated 

emissions when using the emission factors provided by EPA in the rule. This significant 

contribution of emissions from intermittent bleed controllers is counter to API members’

knowledge of and experience with pneumatic controllers. 

Based on operational knowledge and experience, API contends that the emission factor for 

intermittent bleed pneumatic controllers is as much as an order of magnitude too high. For 

example, using a typical intermittent bleed level controller and a 10 Bbls/day liquid production 

rate as an example, yields a total gas volume per hour of 0.72 scf/hr to 2.16 scf/hr dependent on 

the range setting of the level (2" to 6" range from discussions with instrumentation technicians) 

and the volume per dump. Given that the EIA’s listing of wells by production rate category show 

about 79% of oil wells in the US being lower than 10 Bbls/day production and 98% of gas wells

in the US being lower than 10 Bbls/day liquid production, this seems to be a realistic production 

value. This example illustrates that the volume from an intermittent bleed controller actually 

spans the volumetric emission factor for a low bleed device in Table W-1A of the rule and is 

nearly an order of magnitude lower than the Table W-1A volumetric factor for an intermittent 

bleed type device. 

API is concerned that the misrepresentation of the magnitude and contribution of emissions for 

pneumatic controllers may lead to regulatory actions that would be based on invalid emission 

estimates. API intends to look further into both the emission factors and definitions for 

pneumatic controllers and suggests forming a technical workgroup with EPA to resolve these

concerns. 

In the meantime, while investigating improved definitions and emission factors for pneumatic 

controllers, API recommends that the naming conventions for pneumatic devices in tables W1-A, 

W-3, and W-4 be modified to use the actual pneumatic device naming conventions used in the 

 

43 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
131

rule, i.e. High-bleed pneumatic devices; Intermittent bleed pneumatic devices; and Low-bleed 

pneumatic devices should be used over Low Continuous Bleed Pneumatic Device and High 

Continuous Bleed Pneumatic Device. This change will conform names throughout the GHGRP 

and reduce opportunities for confusion by reporters or agencies. 

Also, API wishes to clarify that pneumatic devices which do not control a process condition are 

not within the scope of the rule. 

Response: Regarding changes to the subpart W tables, EPA notes that no such changes were 

included in the proposed rule and, therefore, are out of scope for this rulemaking. EPA may

consider these or similar edits in a future rulemaking.

Regarding the requested clarification of pneumatic device applicability within the GHGRP, the 

comment does not provide enough information to develop a response. EPA suggests the 

commenter submit a question to the GHGRP Help Desk at GHGReporting@epa.gov with the 

specific subparts and description of the pneumatic device use to which they are referring.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 18

Comment: The proposed definition of FBCs is too broad to sufficiently distinguish between 

FBCs and other combustion technologies. The GHGRP does not currently contain a definition 

for FBCs. In order to facilitate the application of FBC-specific N2O emission factors for certain 

fuels, EPA has proposed a definition for FBCs that is based on the maximum temperature 

reached within the combustor.

UARG agrees that the bulk bed temperatures as measured in a fluid bed combustion unit will not 

exceed 1,900 degrees Fahrenheit, and that the proposed definition would likely encompass 

FBCs. However, the proposed definition may not be sufficiently exclusive to ensure that only 

FBCs are subjected to the proposed FBC-specific N2O emission factors. For example, certain 

solid fuel gasifiers can operate at temperatures less than 1,900 degrees Fahrenheit. As a result, if 

EPA finalizes this definition, any FBC-specific N2O emission factors that the Agency adopts 

could apply to some non-FBC combustors that actually have different N2O emission profiles.

In order to avoid any potential overlap between FBCs and other combustion technologies, EPA 

should adopt a definition of FBCs that is based on the unique physical attributes of fluidized bed 

combustion rather than on the temperatures reached in a combustor. UARG suggests that EPA 

adopt the following definition for FBCs:

Fluidized Bed Combustor (FBC) means a combustion technology (e.g., a fluidized bed 

boiler) which employs a mixture of solid fuel reacting in an excess air environment in the 

presence of solid particles, the latter of which may be chemically reacting or inert, and of a 
132

diameter typically from several hundred to 6,000 microns, that are suspended in an upward 

flowing gas stream by gas of a velocity that is usually less than 30 actual feet per second.

Because this definition incorporates the process characteristics that are unique to FBCs, it would 

ensure that any FBC-specific N2O emission factors that EPA adopts would not extend 

inappropriately to other combustion technologies. 

Response: The EPA is not finalizing the definition of “Fluidized Bed Combustor (FBC)” 

because the associated subpart C emissions factors are not being finalized at this time. See 

section II.B of the preamble for response to this comment.

3.4 Comments on Rule issues not proposed

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 3

Comment: EPA has proposed a number of changes to various subparts of the GHG reporting 

rule. EPA will be required to finalize the rule amendments and then update the reporting tool (eGGRT) to reflect the changes. Dow has greater than 10 reporting sites, some of which are very

large with numerous sources, and respectfully requests that EPA provide at least 60 days 

between the time that e-GGRT is made available and the date that the annual report must be 

submitted. Thus, if e-GGRT is not ready for data entry by February 1stt of a given year, Dow 

requests that the report submittal date be adjusted to equal the date that is 60 days after the eGGRT is available for data entry for a given reporting year. 

Dow also requests the EPA give consideration to revising the reporting deadline to June 1st of 

every year. Several of our reporting personnel are required to prepare and submit a large number 

of major environmental reports during the first and second quarters of each year including 

reports such as State Air Emission Inventories, SARA 312, and SARA 313 reports. Extending 

the reporting due date for 40 CFR 98 would help to relieve the burden on reporting personnel 

during the first quarter of each year.

Response: EPA thanks the commenter for their feedback. Regarding the reporting deadline for 

annual e-GGRT reports, that section of the rule was not open for comment during this 

rulemaking and, therefore, that portion of this comment is out of scope. 

Regarding when e-GGRT is opened for reporting each year, EPA notes that this timeframe is not 

regulated and, thus, is out of scope for this rulemaking. However, EPA appreciates the 

commenter's helpful feedback and does strive to provide reporters with as much time as possible 

to complete reporting each year. 

Commenter Name: Eldon Lindt, Director of Auditing, Environmental Policy & Services

Commenter Affiliation: Xcel Energy, Inc.
133

Document Control Number: EPA-HQ-OAR-2012-0934-0074-A1

Comment Excerpt Number: 3

Comment: We believe that in addition to the ORIS code, adding the predominate NERC 

Region and sub- regional connections is an additional step that will allow added value for both 

the Agency and consumers of the data. While proposing this data collection, we recognize that a 

small minority of plants will have electrical connections to more than one of these entities, This 

could be noted by a checkbox indicating the plant is actively connected to more than one region 

with additional information supplied in a narrative form.

Response: The EPA agrees that the NERC Region is an important attribute for electricity 

generating units, however, the EPA has not elected to add this reporting requirement under Part 

98 The final amendments use the term “plant code” rather than “ORIS code.” The plant code is 

either the ORIS code, or, in the absence of such, the facility identifier assigned by the EPA’s 

Clean Air Markets Division for electronic reporting. In most cases, the plant code will be the 

ORIS code, which can be used to determine the NERC Region.

4.0 Revisions to Subpart C

4.1 Revision to expand use of Tier 1 in Subpart C

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

44

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 12

Comment: EPA is proposing to allow the Tier 1 methodology for Table C-1 fuels that are 

combusted in a unit with a maximum rated heat input capacity greater than 250 MMBtu/hr if the 

fuel provides less than 10 percent of the actual heat input to the unit. 

API supports the additional flexibility this revision provides. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 14

 

44 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
134

Comment: Under §98.33(b)(1), use of the Tier 1 calculation methodology for fuels listed in 

Table C-1 is limited to units with a maximum rated heat input capacity of 250 mmBtu/hr or less. 

EPA proposes to expand use of Tier 1 to allow its use for Table C-1 fuels at larger units subject 

to certain restrictions, as long as the fuel provides less than 10% of the annual heat input to the 

unit. 78 Fed. Reg. at 19,815, 19,847-48.

UARG supports this revision and urges EPA to consider additional revisions that would further 

reduce the burdens of calculating and reporting GHG emissions under Subpart C, particularly for 

activities that could be considered de minimis.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

4.2 Revisions to Table C-1

Commenter Name: Jonathan Lewis, Senior Council-Climate policy

Commenter Affiliation: Clean Air Task Force (CATF) and Clean Air Council

Document Control Number: EPA-HQ-OAR-2012-0934-0105-A2

Comment Excerpt Number: 1

Comment: Table 4 of EPA’s proposal details the revisions that the Agency intends to make to 

the default CO2 emission factors and high heat values for several of the fuel types listed in Table 

C-1 of Subpart C, 40 CFR part 98. See 78 Fed. Reg. at 19815 17. For “Wood and Wood 

Residuals (dry basis),” EPA proposes to increase the default high heat value slightly (from 15.38 

mmBtu/short ton to 17.48 mmBtu/short ton) and to leave the default CO2 emission factor 

unchanged (at 93.80 kg CO2 /mmBtu). Id. at 19816. 

EPA’s proposal to increase the default high heat value and maintain the existing default CO2

emission factor for wood and wood residuals is consistent with the recommendations made in a 

memorandum sent to EPA by Dick Richards, et al., of SAIC on June 15, 2012, titled “Review 

and Evaluation of 40 CFR Part 98 CO2 Emission Factors for EPW07072 TO 45” (“SAIC 

Memo”). The SAIC Memo points out that the current high heat value for wood and wood 

residuals “assumes moisture content of 12 percent” even though data from the GHG Reporting 

Program indicate that the moisture content of wood fuel used by industry ranges “significantly.” 

SAIC Memo at 19. SAIC suggested the following change to EPA: 

Recommendation: SAIC recommends that EPA revise Table C-1 to indicate the basis for the 

existing default HHV, provide a dry basis default HHV (17.48 MMBtu/short ton), and include a 

footnote instructing users how to convert the dry basis value to wet basis using measured 

moisture content. The footnote should read as follows:

Use the following formula to calculate a wet basis HHV for use in Equation C-1 using the 

following formula: HHV w = ((100 – M)/100) * HHVd , where HHVw = wet basis 

HHV, M = moisture content (percent), and HHVd = dry basis HHV from Table C-1. Id.
135

Because SAIC’s recommended approach to the default high heat value for wood and wood 

residuals is an improvement over the current approach, we support EPA’s proposed decision to 

revise Table C-1 accordingly. We respectfully urge the Agency to: 

• Finalize its proposed revision to the default high heat value for wood and wood residuals; and 

• Finalize its proposed decision to leave the default CO2 emission factor for wood and wood 

residuals unchanged. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 5

Comment: The County supports the revision of the high heating value of landfill gas from 

0.841x10-3 mmBTU/scf to 0.485x10-3 mmBTU/scf. We also support the addition of separate 

biogas and LFG categories. These revisions will make the calculations more representative of 

actual conditions.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)45

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 12

Comment: WM supports proposed changes to HHV for landfill gas and establishment of HHV

and emission factor for "other biomass gases." The proposed changes more accurately reflect 

methane concentration of the two fuel types. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

 

45 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
136

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 10

Comment: Republic supports the technical correction that delineates a HHV value for landfill 

gas from other biomass gases in Table C-1. The landfill gas HHV proposed value of 0.485 x 10-3

mmBTU/scf is more representative of field conditions. We appreciate these changes as the HHV 

will be more reflective for calculating emissions. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 8

Comment: In Subpart C –General Stationary Fuel Combustion Sources, EPA proposes to revise 

the high heating value of landfill gas from 0.841 x 10-3 mmBTU/scf to 0.485 x 10-3 mm BTU/scf; 

we support this change. We also support the addition of separate biogas and landfill gas 

categories. These revisions will make the calculations more representative of actual field 

conditions.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Angela D. Marconi, Cherry Island Landfill Gas Manager

Commenter Affiliation: Delaware Solid Waste Authority (DSWA)

Document Control Number: EPA-HQ-OAR-2012-0934-0077-A2

Comment Excerpt Number: 4

Comment: DSWA supports the revision of the high heating value of landfill gas from 0.841 x 

10-3 mmBTU/scf to 0.485 x 10-3 mmBTU/scf. This revision is consistent with comments that 

DSWA has previously submitted to the Agency. We also support the addition of separate biogas 

and landfill gas categories. These revisions will make the calculations more representative of 

field conditions.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.
137

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

46

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 10

Comment: EPA is proposing to update emission factors and heating values for a number of fuel 

types. For the LPGs, since the HHVs are presented on the basis of million Btu per gallon, and 

these compounds are gases under standard conditions, the heating value must be presented using 

a stated temperature and pressure. For all LPG except ethylene, we are proposing estimates of 

HHV at 60 degrees Fahrenheit (°F) and saturation pressure. For ethylene, since it cannot be 

liquefied above 48.6°F, we have selected a value for HHV that is determined at 41°F (slightly 

under the critical temperature) and the corresponding saturation pressure. 

The proposed rule changes and preamble do not discuss whether the changes for the emission 

factors and heating values apply to reports starting in 2013, or if the values are to be retroactively 

applied to previous reports. API opposes applying these revisions to previously submitted 

reports. Reporters should not have to resubmit reports to incorporate these changes for calendar 

year 2010, 2011, or 2012 reporting. These revisions should only apply going forward. 

API determined that the proposed changes do not vary significantly from values provided in the 

API Compendium. Therefore, API does not oppose the suggested revisions. However, API 

discourages EPA from making annual adjustments to these factors, as any changes made to the 

factors in the rule requires companies to make changes to their internal reporting systems and 

processes, which is not a trivial activity. This incurs costs and requires time for the reporting 

companies to implement and test these changes. 

Response: See “Review and Evaluation of 40 CFR Part 98 CO2Emission Factors for 

EPW07072 TO 45” in Docket Id No. EPA-HQ-OAR-2012-0934 for an explanation of the basis 

of changes to Table C-1 and Table C-2 emission factors and Table C-1 heating values. EPA does 

not anticipate making future adjustments to these factors absent compelling technical reasons. 

See Section III.B of the preamble for EPA’s response addressing retroactive submittals. 

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

47

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 11

Comment: EPA is proposing a correction to the emission factor for coke because it appears that 

the emission factor currently in Table C-1 was inadvertently listed as the emission factor for 

petroleum coke. EPA has also changed the name in Table C-1 to "coal coke" to differentiate this 

 

46 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

47 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
138

substance from "petroleum coke", which has a different HHV and EF. Petroleum coke is still 

listed in Table C-1 with no revisions to the emission factor (102.41 kg CO2/MMBtu) or heating 

value (0.143 MMBtu/gallon). Coal coke is assigned an emission factor of 24.8 MMBtu/short ton, 

and a heating value of 113.67 kg CO2/MMBtu. 

API supports distinguishing between petroleum coke and coal coke. However, much like coal 

coke, petroleum coke is a solid and in industry it is measured in mass units (lbs or short tons). 

API requests that EPA provide a mass-based heating value for petroleum coke. 

Information provided by the U.S. Energy Information Administration states: "EIA adopted the 

thermal conversion factor of 6.024 MMBtu per barrel as reported in Btu per short ton in the 

Bureau of Mines internal memorandum, Bureau of Mines Standard Average Heating Values of 

Various Fuels, Adopted January 3, 1950.” The Bureau of Mines calculated this factor by 

dividing 30.120 MMBtu per short ton, as given in the referenced Bureau of Mines internal 

memorandum, by 5.0 barrels per short ton, as given in the Bureau of Mines Form 6-1300-M and 

successor EIA forms." [Reference EIA, Annual Energy Review 2011] For consistency with 

reporting to EIA, API requests the use of either the mass based heating value of 30.120 MMBtu 

per short ton, or the addition of a footnote providing the conversion factor of 5 bbl/short ton. 

Response: Please note that the default high heat value for petroleum coke is listed in Table C-1 

on both a volume (mmBtu/gallon) and a mass (mmBtu/short ton) basis. The default high heat 

value for petroleum coke on a mass basis is listed as 30 mmBtu/short ton under the Other Fuels -

Solid heading. There are no changes to the rule as a result of this comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 6

Comment: EPA proposes to update the high heat value (HHV) for the “wood and wood 

residuals” category of solid biomass fuels to be on a dry basis, or at a 0 percent moisture content, 

and provides an equation for reporters to convert the default HHV to a wet basis as needed. 

AF&PA and AWC appreciate this clarification to this category of solid biomass fuel but request 

that EPA also provide the same information for the remaining categories of solid biomass fuel 

(agricultural byproducts, peat, and solid byproducts).

While EPA fixed an area of confusion and potential error with one category of solid biomass 

fuel, it did not address the remaining categories; therefore, the potential of misapplying the 

HHVs given in Table C-1 for these categories needlessly remains. Specifically, EPA should 

either convert the default HHVs given for all categories of solid biomass fuels to a dry basis or 

list the moisture content at which the default HHVs are given, and allow use of the correction 

equation currently given in proposed footnote 6 to Table C-1 to convert to a wet basis as needed.
139

Response: Thank you for your comment supporting the proposed revision to the HHV for wood 

and wood residuals. There are no changes to the rule as a result of this comment. We were able 

to revise the default HHV for wood and wood residuals to a dry basis because the moisture 

content of the HHV originally included in Table C-1 was known (i.e., 12 percent moisture). 

However, the moisture content basis of the HHVs provided in Table C-1 for agricultural 

byproducts, peat, and solid byproducts is not well defined. As explained in the analysis of the 

proposed changes to Table C-1 found in the memorandum “Review and Evaluation of 40 CFR

Part 98 CO2 Emission Factors for EPW07072 TO 45” (available in Docket ID No. EPA-HQOAR-2012-0934), the original Table C-1 HHVs for agricultural byproducts, peat, and solid 

byproducts are based on data from the Energy Information Administration (EIA), Renewable 

Energy Annual 2009, Table 1.10 which aggregates “as received” or wet basis values from 

multiple facilities. Because the HHVs for agricultural byproducts, peat, and solid byproducts 

represent an aggregate of multiple fuels with unspecified moisture contents from multiple 

facilities, we are unable to calculate dry basis HHVs from the HHVs provided in Table C-1 as 

we did for wood and wood residuals, and therefore, we are unable to implement the commenters’

suggestion at this time. Although we cannot implement the commenters’ suggestion at this time, 

EPA is interested in receiving additional data that would allow for refinement of the HHVs for 

agricultural byproducts, peat, and solid byproducts in future technical amendments. 

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 12

Comment: EPA is proposing to change the emission factor for CO2 from 53.02 to 53.06 kg 

CO2/mmbtu for Natural Gas (Table C-1). GPA requests EPA’s assurance that these changes will 

be applied to future reporting and that EPA will not require past reports to be revised or

resubmitted.

Response: See Section III.B of the preamble for EPA’s response addressing retroactive 

submittals.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 10

Comment: The Proposed Rule would revise the high heating value (HHV) and CO2 emission 

factor (EF) for natural gas combustion in Table C-1. The heating value would be revised from 

1028 to 1026 Btu/scf and the EF would be revised from 53.02 to 53.06 kg CO2/MMBtu. For 

natural gas combustion calculations using Subpart C Tier 1 or Tier 2, both of these defaults are 
140

used – i.e., the equation includes HHV x EF. The proposed revisions are minor for both default 

values and the calculation (HHV x EF) results in a trivial change in the calculated CO2 emissions 

of approximately 0.1%. 

INGAA reviewed the contractor memo to EPA that recommended revisions (docket document 

number EPA-HQ-OAR-2012-0934-0021), and INGAA questions the need for such immaterial 

revisions. For example, it appears the natural gas CO2 EF revision is due to rounding associated 

with the number of significant figures used for the ratio of molecular weights of CO2 and carbon

(44/12 versus 44.01/12.01).

EPA should reconsider the need to introduce such minor calculation revisions into the GHG 

MRR, and EPA should develop data quality objectives that establish a basis for creating such 

revisions. Since reporters have developed systems and processes for developing reports, it is 

important for EPA to understand that any change to the GHG MRR introduces burden for the 

reporter. Inconsequential revisions (e.g., changing an estimate by 0.1%) should not be introduced 

unless there is a compelling technical reason.

Response: See “Review and Evaluation of 40 CFR Part 98 CO2Emission Factors for 

EPW07072 TO 45” in Docket Id No. EPA-HQ-OAR-2012-0934 for an explanation of the basis 

of changes to Table C-1 and Table C-2 emission factors and Table C-1 heating values. EPA 

does not anticipate making future adjustments to these factors absent compelling technical 

reasons. See Section III.B of the preamble for EPA’s response addressing retroactive submittals.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 12

Comment: The implications for revising Subpart C, Table C-1 properties that impact 

combustion emission calculations are not clear. It is also unclear how EPA determines whether 

such revisions warrant a look back and update to emission values for previous annual reports. 

EPA needs to clearly define and communicate criteria that define when a change in a calculated 

emission is material and warrants revisions to current or prior inventories.

This proposed revision to natural gas default values in Table C-1 identifies basic “systems”

issues that should be addressed, including: data quality objectives that define whether revisions 

are warranted when immaterial (e.g., 0.1%) differences are identified; the basis for deciding 

when revisions to standard properties or default values warrant a revision that would affect future 

reports; and, the basis for deciding when revisions warrant a recalculation of reported annual 

GHG emissions for previous years. Reviews and changes to calculation methods, equations, and 

constants should be conducted on a defined schedule to avoid frequent and unnecessary revisions 

to reporter systems and associated inventories. INGAA recommends that Table C-1 natural gas 

properties should not be revised because the implications are immaterial.
141

Response: See “Review and Evaluation of 40 CFR Part 98 CO2Emission Factors for 

EPW07072 TO 45” in Docket Id No. EPA-HQ-OAR-2012-0934 for an explanation of the basis 

of changes to Table C-1 and Table C-2 emission factors and Table C-1 heating values. EPA does 

not anticipate making future adjustments to these factors absent compelling technical reasons. 

See Section III.B of the preamble for EPA’s response addressing retroactive submittals. 

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 5

EPA should not require reporters to revise reports for Reporting Years 2010, 2011, or 2012 

based on the relatively minor changes to default heating values or emission factors that are 

proposed for natural gas in Subpart C. Some of the emission factor changes in Subpart C will 

result in less than a 0.1% change in CO2e emissions.

Response: See Section III.BB of the preamble for EPA’s response addressing retroactive 

submittals. 

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)48

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 10

Comment: ACC supports the changes to Subpart C, including the changes to Table C-1. 

However, ACC requests that EPA clarify in the final rule that the proposed revised default HHV 

and CO2 emission factors for natural gas be used for reporting years 2013 and forward, and not 

require facilities to revise emissions data from reporting years 2010 – 2012. Such retroactive 

revisions would be time-consuming and expensive while resulting in minimal changes to 

reported emissions. 

Response: See Section III.B of the preamble for EPA’s response addressing retroactive 

submittals. 

Commenter Name: Frederick G. Fedri, Principal Environmental Specialist

Commenter Affiliation: Occidental Chemical Corporation (OCC)

Document Control Number: EPA-HQ-OAR-2012-0934-0106

Comment Excerpt Number: 4

 

48 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106)
142

Comment: The change in HHV to Subpart C, including the changes to Table C-l, should be

done electronically as suggested previously. A programming modification would easily update 

emissions data universally without the need for responses from each individual facility and 

eliminate the time consuming reentry of data. This method would provide uniformity with a 

resulting higher degree of accuracy and consistency across all reporting entities. Again, 

whenever these changes are automatically conducted, an e-GGRT generated email advising the 

DR, ADR and Agents is recommended.

Response: See Section III.B of the preamble for EPA’s response addressing retroactive 

submittals. 

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 13

Comment: GPA further requests that Table C-1 be divided into two tables; one table applicable 

for the 2010-2012 reports, and a separate table that is applicable for 2013 and beyond. The 

current format does not make it clear which factors are applicable for the initial reporting period 

of 2010-2012, which leads to problems with future auditing. 

Response: See Section III.B of the preamble for EPA’s response addressing retroactive 

submittals. 

4.3 Revisions to Table C-2

Commenter Name: Pamela F. Faggert, Vice President and CEO

Commenter Affiliation: Dominion Resources Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0073-A1

Comment Excerpt Number: 5

Comment: EPA should revise the proposed FBC-Specific N2O emission factors to Reflect the 

Actual Emission Profile of the Units Subject to the Reporting Rule.

The reporting rule currently does not contain any emission factors that are specific to fluidized 

bed combustors (FBCs). Any covered facility that bums coal is required to report its nitrous 

oxide ("N2O") emissions based on a default emission factor of 0.0016 kg/mmBtu, regardless of 

what type of coal or combustion technology is used. [Footnote: 40 C.F.R. Part 98, Subpart C, 

Table C-2]. EPA is proposing to determine that N2O emissions from FBCs burning coal and 

certain waste coal fuels are higher than those from other boiler designs and is proposing FBCspecific default N2O emission factors for the combustion of four types of coal (anthracite, 

bituminous, subbituminous, and lignite) and two waste coal fuels (culm - waste anthracite) and 

gob -waste bituminous). [Footnote: 78 Fed. Reg. at 19,817-18; Table 1.]
143

However, the N2O emission factors proposed for FBCs are based solely on extrapolated 

laboratory-scale test data from a study using a type of FBC design that is rarely used in largescale electricity generation. [Footnote: 

Calculations_derived_from_Fuel_Processing_Technology,_Volume_34_edition_number_lc.pdf, Attachment to Docket Id. No. EPA-HQ-OAR-2012-0934-0013].This study measured the 

conversion of nitrogen in coal to N2O in a laboratory-scale apparatus designed to simulate fluid 

bed combustion. However, the data from this study is not relevant to the conversion of nitrogen 

to N2O in the type of large-scale FBC systems used for power generation for the following 

reasons [Footnote: See Cichanowicz Report/Memorandum prepared for the Utility Air 

Regulatory Group (UARG), May 7, 2013, submitted into the docket as Attachment A with 

UARG's comments.]

Although the processing capacity (e.g., Btu/hour throughput) of the specific laboratory-scale test 

apparatus used in the laboratory study is not defined, the capacity of such equipment is typically

three to four orders of magnitude less than that of full-scale commercial systems. As a result, the 

events within the fluid bed that determined the conversion of nitrogen to N2O in the study did not 

reflect the internal process conditions in the types of larger-scale FBCs that are subject to the 

reporting rule.

The laboratory-scale apparatus in the laboratory study employed a different type of FBC design 

than that typically used in large-scale power generation. The test apparatus is described as a 

"bubbling fluid bed," in which the inert materials contained in the FBC do not leave the bed. In 

contrast, most large FBCs used for power generation use the "circulating fluid bed" design, in 

which alkaline bed materials are continuously withdrawn and replenished to maintain the 

available alkalinity in the bed. As the laboratory study itself notes, both alkali and solid char 

particles play a role in the conversion of nitrogen from coal to N2O in FBCs, which in turn 

affects their emissions of N2O. Therefore, the processes within these two types of FBC units 

produce N2O at different rates, with N2O typically lower from units of circulating bed design. By

simply extrapolating the test data from the laboratory apparatus to develop emission factors for 

commercial-scale FBC units, EPA has overlooked the significant capacity and design differences 

affecting N2O emissions from these distinct FBC technologies.

Although limited, available test data from two commercial-scale FCB units suggest that actual 

N2O emissions from large-scale FBCs can be much lower than EPA's proposed default emission 

factors. [Footnote: See Brown, R.A. et al., " N2O Emissions from Fluidized Bed Combustion," 

Proceedings of the 11th International Meeting on Fluidized Bed Combustion, March 1991 

(Attachment B)]. Data from a 160-MW unit burning bituminous emitted N20 at 20-70 ppm (at 

3% O2), while EPA's proposed default emission rate of 197 ppm for FBCs firing bituminous coal 

is nearly three times greater than the highest value recorded from this unit. EPA's proposed 

default emission rate of 93 ppm for FBCs firing subbituminous coal represents the upper limit of 

N2O emissions that was measured from a 100-MW FBC unit firing subbituminous coal.

The use of laboratory-scaled test data from a bubbling FBC to develop the proposed N2O 

emission factors for large-scale power generating FBCs results in proposed default emission 

factors that are arbitrarily high. Measurements from full-scale FBCs indicate that the N2O 

emission rates from these units are actually much lower than the proposed default values. 

Therefore, the results from the laboratory study cannot form the basis of default emission factors 
144

for FBCs covered by the MRR. If EPA adopts a final rule promulgating FBC-specific N2O 

emission factors for the specified fuels, it should revise those factors to reflect the actual 

emission profile of the units that are subject to the reporting rule.

Response: See section II.B.2 of the preamble for EPA’s response to this comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 15

Comment: The Proposed FBC-Specific N2O Emission Factors Are Arbitrary and Capricious 

Because They Are Improperly Extrapolated from Non-Analogous Data

EPA’s proposed nitrous oxide (“N2O”) emission factors for fluidized bed combustors (“FBCs”) 

are set arbitrarily high because the Agency has improperly extrapolated laboratory scale test data 

from a type of FBC design that is rarely used in large-scale electricity generation. 

Measurements from full-scale FBCs indicate that the N2O emission rates from these units are 

actually much lower than the proposed default values. 

The GHGRP does not currently contain any emission factors that are specific to FBCs. Instead, 

any covered facility that burns coal is required to report its N2O emissions based on a default 

emission factor of 0.0016 kg N2O /mmBtu, regardless of what type of coal or combustion 

technology is used. 40 C.F.R. Part 98, Subpart C, Table C-2. In response to a petition for 

rulemaking filed by the Sierra Club, EPA has proposed to determine that N2O emissions from 

FBCs burning coal and certain waste coal fuels are higher than those from other boiler designs. 

As a result, EPA proposed FBC-specific default N2O emission factors for the combustion of four 

types of coal—anthracite, bituminous, subbituminous, and lignite—and two waste coal fuels, 

culm (waste anthracite) and gob (waste bituminous). 78 Fed. Reg. at 19,817-18.

In response to a petition for rulemaking filed by the Sierra Club, EPA has proposed to determine 

that N2O emissions from FBCs burning coal and certain waste coal fuels are higher than those 

from other boiler designs. As a result, EPA proposed FBC-specific default N2O emission factors 

for the combustion of four types of coal—anthracite, bituminous, subbituminous, and lignite—

and two waste coal fuels, culm (waste anthracite) and gob (waste bituminous). 78 Fed. Reg. at 

19,817-18. The proposed emission factors are listed in Table 1 below as provided by EPA in 

units of kg/mmBtu, along with conversions to more conventional units of lb/mmBtu and 

concentration (ppm, at 3% O2, wet basis). [See Docket Id. No. EPA-HQ-OAR-2012-0934-0075 

for Table 1.] Values in units of lb/mmBtu and ppm were calculated by UARG’s technical 

consultant based on the recommended emission factors listed in Exhibit 1 of EPA’s 

memorandum in support of its proposed emission factors. [Footnote: EPA’s proposed emission 

factors have two significant figures. In order to assess the technical analysis underlying EPA’s 

proposal with more precision, the converted values calculated by UARG’s technical consultant 

are based on the recommended emission factors presented in the RTI Memorandum, which have 
145

three significant figures.] J. Edward Cichanowicz, Observations: Fluid Bed Boiler Definition, 

N2O Emissions (May 16, 2013) (Attachment A) (hereafter “Cichanowicz Report”); see RTI 

International, Emission Factor Updates for Fluidized Bed Boilers and Other Revisions to Tables 

C-1 and C-2 of 40 CFR Part 98 –Summary (Jan. 23, 2013), EPA-HQ-OAR-2012-0934-0013 

(hereafter “RTI Memorandum”). [See Docket Id. No EPA-HQ-OAR-2012-0934-0075 for 

Attachment A)

The technical memorandum from EPA’s consultant that purportedly contains the Agency’s 

analysis and development of the proposed emission factors does not provide a detailed 

description of the methodology used to derive those values. See RTI Memorandum. As a 

procedural matter, EPA must include any information that forms the basis for its proposed action 

in the docket for public comment, including its methodology. See CAA § 307(d)(3) (statement of 

proposed rule’s basis and purpose must include summary of “the factual data on which the 

proposed rule is based” and “the methodology used in obtaining the data and in analyzing the 

data”); id. § 307(d)(6)(C) (final rule “may not be based (in part or whole) on any information or 

data which has not been placed in the docket”); 78 Fed. Reg. at 19,806 (“The Administrator has 

determined that this action ... is subject to the provisions of section 307(d) of the CAA”). Such 

notice of the scientific foundation for EPA’s proposed rule is a necessary part of notice-and

comment rulemaking: without it, the public cannot provide EPA with informative, relevant 

comments that assist the Agency in addressing its stated purpose for the proposed rule. If EPA 

has additional information supporting its proposed FBC-specific N2O emission factors, it must 

include that information in the docket and provide an opportunity for public comment on it. 

From an attachment to the RTI Memorandum, it appears that these values were calculated solely

on the basis of the following 1993 laboratory study: M.A. Wojtowicz, et al., Combustion of Coal 

as a Source of N2O Emission, 34 FUEL PROCESSING TECH. 1 (1993), EPA-HQ-OAR-2012-

0934-0029 (hereafter “Wojtowicz Study”). The Wojtowicz Study measured the conversion of 

nitrogen in coal to N2O in a laboratory-scale apparatus designed to simulate fluid bed 

combustion. EPA appears to have simply extrapolated the data from the Wojtowicz Study to 

calculate default emission factors for N2O from various types of coal burned in FBCs. However, 

the data from this study is not relevant to the conversion of nitrogen to N2O in the type of large

scale FBC systems used for power generation. Therefore, it cannot form the basis of default 

emission factors for FBCs covered by the Rule.

Response: See section II.B.2 of the preamble for EPA’s response to this comment.

Commenter Name: Lauren E. Freeman et al., Hunton & Williams, LLP

Commenter Affiliation: Utility Air Regulatory Group (UARG)

Document Control Number: EPA-HQ-OAR-2012-0934-0075-A1

Comment Excerpt Number: 16

Comment: First, although the processing capacity (e.g., Btu/hour throughput) of the specific

laboratory-scale test apparatus used in the Wojtowicz Study is not defined, the capacity of such 

equipment is typically three to four orders of magnitude less than that of full-scale commercial 

systems. Id. In other words, the laboratory apparatus may have been up to 1/10,000 the size of 
146

FBCs used for power generation. As a result, the events within the fluid bed that determined the 

conversion of nitrogen to N2O in the study did not reflect the internal process conditions in the 

types of FBCs that are subject to the GHGRP. 

Second, the laboratory-scale apparatus in the Wojtowicz Study employed a different type of FBC 

design than that typically used in large scale power generation. Id. The test apparatus is 

described as a “bubbling fluid bed,” in which the inert materials contained in the FBC do not 

leave the bed. Wojtowicz Study, Figure 17 at 45; see Cichanowicz Report at 3. In contrast, most 

large FBCs used for power generation use the “circulating fluid bed” design, in which “alkaline 

bed materials are continuously withdrawn and replenished to maintain the available alkalinity” in 

the bed. Cichanowicz Report at 3. As the Wojtowicz Study notes, both alkali and solid char 

particles play a role in the conversion of nitrogen from coal to N2O in FBCs, which in turn 

affects their emissions of N2O. Id. Thus, as stated in the Wojtowicz Study, the processes within 

these two types of FBC units have been determined to produce N2O at different rates—with N2O

typically lower from units of circulating bed design. Wojtowicz Study at 57. By simply

extrapolating the test data from the laboratory apparatus to develop emission factors for 

commercial-scale FBC units, EPA has overlooked the dramatic capacity and design differences 

affecting N2O emissions from these distinct FBC technologies, see Cichanowicz Report at 3, and 

any final rule that does not correct the proposed emission factors to account for these differences 

would be arbitrary and capricious.

Indeed, as discussed in the Cichanowicz Report, available data shows that actual N2O emissions 

from large-scale commercial FBCs can be much lower than EPA’s proposed default emission 

factors, further demonstrating the speculative nature of the calculations derived from the 

Wojtowicz Study. Id. at 2. While data on N2O emissions from these units is somewhat limited, 

two FBC units have been the subject of thorough testing. See Richard A. Brown & Larry Muzio, 

N2O Emissions from Fluidized Bed Combustion (Mar. 1991) (presented at the "11th 

International Meeting on Fluidized Bed Combustion”) (hereafter “Brown Study”). The Brown 

Study measured N2O emissions at TVA’s 160 MW Shawnee fluid bed unit, which fired 

bituminous coal. The Shawnee unit emitted N2O at 20-70 ppm (at 3% O2).

EPA’s proposed default emission rate of 197 ppm for FBCs firing bituminous coal is nearly three 

times greater than the highest value recorded from this unit. Colorado-Ute’s 100 MW Nucla 

station, which fired subbituminous coal, typically emitted N2O at concentrations between 40-100 

ppm (at 3% O2), although data exceeding 150 ppm was recorded for tests conducted during a 

startup. Brown Study, Figures 2 & 4. EPA’s proposed default emission rate of 93 ppm for FBCs 

firing subbituminous coal represents the upper limit of N2O emissions during normal operation 

of these units. While UARG has been unable to find N2O emissions data from large-scale FBCs 

burning anthracite, lignite, or waste fuels, the drastic disparity between the actual N2O emissions 

and EPA’s proposed default value for bituminous coal calls into doubt the proposed values for 

these other fuels. Further, the extreme magnitude of N2O concentration proposed for the lowrank and two waste coals—up to about 500 ppm—is without recent precedent. The content in 

flue gas of any form of oxygen and nitrogen— N2O, nitrogen oxide (“NO”), or nitrogen dioxide 

(“NO2”)—at such levels has not been observed in new utility-scale combustion systems in 

decades. 
147

EPA’s use of laboratory-scale test data from a bubbling fluid bed FBC to develop N2O emission 

factors for large-scale power generating FBCs is fundamentally flawed and has led EPA to 

propose default emission factors that are arbitrarily high. If the Agency adopts a final rule 

promulgating FBC-specific N2O emission factors for the specified fuels, it must revise those 

factors to reflect the actual emission profile of the units that are subject to the GHGRP.

Response: See section II.B.2 of the preamble for EPA’s response to this comment.

Commenter Name: Darin Schroeder, Clean Air Task Force (CATF) et al.

Commenter Affiliation: Clean Air Task Force (CATF) et al.

Document Control Number: EPA-HQ-OAR-2012-0934-0071-A1

Comment Excerpt Number: 5

Comment: In 2010, the Sierra Club, on behalf of Clean Air Task Force and many other groups, 

petitioned EPA to revise its emissions factors for nitrous oxide (N2O) emissions from coal plants 

using fluidized bed boilers because the lower combustion temperatures in these plants produce 

substantial amounts of N2O and the GHG RR’s generic coal emissions factors do not account for 

this pollution.49 We also requested that EPA develop distinct emissions factors for the waste coal 

types commonly burned in fluidized bed boilers.

We will not repeat the details of the petition at length here; it is in the docket and we incorporate 

it by reference into these comments. In brief, the petition gathers a representative sample of 

several decades of work on FBC N2O emissions to demonstrate that these emissions are 

consistently far higher than 0.0016 kg/mmBtu factor in Table C-2 of the GHG RR. Compare 

Sierra Club Petition at 11-18 & n.35 (collecting references) and 40 C.F.R. Part 98, Subpart C, 

Table C-2. We pointed out, for instance, that even EPA’s own AP-42 emission factors for 

bituminous and subbituminous coals in FBCs ranged from 0.0673-0.092 kg/mmBtu–tens of 

times larger than the GHG RR factor –and that other recent literature supports similar high 

emissions estimates. We also observed that these factors very likely vary by coal type and that 

EPA should therefore develop coal-specific emissions factors, including the waste coals often 

burned by FBCs.

We are pleased, therefore, that EPA has responded to this petition by proposing to implement 

coal-type-specific N2O emissions factors, distinguishing between FBCs and other coal boilers. 

See 63 Fed. Reg. at 19,849. We support EPA’s efforts.

The new factors are based on technical work done by RTI International. EPA has included a 

memo in the docket from RTI, which confirms that FBCs emit N2O at elevated rates and which 

proposes emissions factors accordingly. [Footnote: See Memo from Stephen Boone and Kristine 

Pelt, RTI International, to Mike Hannan, U.S. EPA (Jan. 23, 2013), Docket ID No. EPA-HQOAR-2012-0934-0013 (“RTI Memo”).] According to the memo, the proposed factors are based 

 

49 The commenter submitted as an attachment the Petition of Center for Biological Diversity, Clean Air Task Force, 

Clean Wisconsin, Kentucky Environmental Foundation, Minnesota Center for Environmental Advocacy, Natural 

Resources Defense Council, and Sierra Club to EPA (Oct. 28, 2010). See Docket Id. No EPA-HQ-OAR-2012-0934-

0071-A2.
148

on a 1991 conference paper by M.A. Wojtowicz et al. [Footnote: Id. at n.1 (citing M.A. 

Wojtowicz et al., “N2O Formation in the Fluidized Bed Combustion of Coal,” in Proceedings of 

the 11th International Conference on Fluidized Bed Combustors, American Society of 

Mechanical Engineers, E.J. Anthony (Editor))]. We have reviewed a 1993 peer-reviewed version 

of that paper, which also supports RTI’s calculations, and agree that the paper provides a 

thorough and helpful overview of FBC chemistry–indeed, we cited the paper in our petition. 

[Footnote: M.A. Wojtowicz et al., Combustion of coal as a source of N2O emission, 34 Fuel 

Processing Technology 1-71 (1993)(“Attachment 2”).]

RTI appears to have used a figure in the 1991 paper (which we believe was reproduced as Figure 

17 of the 1993 paper), along with nitrogen content and heating value figures for various coal 

types from Mark’s Standard Handbook for Mechanical Engineers, to develop the proposed 

factors. [Footnote: See RTI Memo, App. A.] The figure shows the percent of nitrogen converted 

to N2O for given coal ranks at a range of temperatures. [Footnote: See M.A. Wojtowicz et al., 

Combustion of coal as a source of N2O emission at 45.] RTI has converted these relationships 

into proposed emissions factors.

We appreciate RTI’s work, and agree that it correctly reflects the fact that FBCs have high N2O

emissions. However, the RTI figures appear to be based solely on the M.A. Wojtowicz et al. 

papers, which were derived from a laboratory-scale reactor. In recent years, significant additional 

empirical work has been done in the field, which should also inform EPA’s factor development 

(a significant portion of which is cited in our petition). In the technical documents for the final 

rule, we urge EPA to demonstrate that its proposed factors are consistent with this large body of 

work. This demonstration will further strengthen the rule and ensure accuracy in reporting.

Response: See section II.B.2 of the preamble for EPA’s response to this comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 2

Comment: The methane and nitrous oxide default emission factors in the Greenhouse Gas 

Reporting Rule for biomass-fired boilers also are much higher than almost all of the reported 

emission rates from stack testing of boilers burning wood and bark conducted by NCASI, and 

from stack testing performed as part of EPA’s development of MACT standards for Industrial, 

Institutional, and Commercial Boilers and Process Heaters and standards for Commercial and 

Industrial Solid Waste Incineration Units where wood or wood residue was being fired. The 

NCASI study showed that wood-fired boilers on average emit less than half the nitrous oxide and 

less than one-sixth of the methane than indicated by the default emission factors for biomassfired boilers in the Greenhouse Gas Reporting Rule. 

Thus, the AF&PA and AWC petition for reconsideration demonstrated that the current 

Greenhouse Gas Reporting Rule produces estimates of methane and nitrous oxide emissions 
149

from recovery furnaces and wood-fired boilers that are substantially overstated. Accordingly, 

AF&PA and AWC support EPA’s proposal to revise those default emission factors (including 

creating a separate emission factor for boilers firing wood and wood residue), which will 

produce more accurate estimates of greenhouse gas emissions from the forest products industry

and will help make those estimates more comparable to estimates of GHG emissions from the 

forest products sector being reported by other countries.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment. 

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 3

Comment: We note that NCASI, in the report that accompanied our petition for rulemaking,

and in subsequent communications with EPA, provided information that suggests that emissions 

of nitrous oxide from wood combustion are higher for fluidized bed boilers, which are 

uncommon in the forest products industry, than for other boiler designs. The revised default 

nitrous oxide emission factor EPA is proposing for combustion of wood and wood residue 

(which does not distinguish among boiler types) therefore may still overestimate emissions from 

traveling grate and other common biomass boiler designs. AF&PA and AWC understands EPA’s 

decision not to adopt a range of nitrous oxide emission factors for combustion of wood and wood 

residue, given the relatively limited stack test data presented to EPA. AF&PA and AWC may, 

however, come back to EPA at some point in the future if additional nitrous oxide stack test data 

for wood combustion becomes available and supports differentiating fluidized bed boilers and 

developing different default emission factors for those boilers than for other boiler designs. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment. As shown in the memorandum provided at proposal titled, Kraft Pulping Liquor and 

Woody Biomass Methane (CH4) and Nitrous Oxide (N2O) Emission Factor Literature Review, 

fluidized bed boiler data comprised four of the ten test results used as the basis for the amended 

N2O emission factor for wood and wood residuals. These data were included to avoid 

underestimation of N2O emissions because some of the woody biomass boilers reporting under 

the GHGRP are fluidized bed boilers. The EPA recognizes that fluidized bed boilers are less 

common than other boiler designs (e.g., traveling grate) for burning wood and wood residuals in 

the forest products industry. The EPA will consider additional test data should it become 

available in the future.

Commenter Name: Eldon Lindt, Director of Auditing, Environmental Policy & Services

Commenter Affiliation: Xcel Energy, Inc.
150

Document Control Number: EPA-HQ-OAR-2012-0934-0074-A1

Comment Excerpt Number: 4

Comment: Xcel Energy supports the proposal to modify CH4 and N2O emission rates in Table 

C-2 for solid biomass, and wood & wood residuals. We operate eight units at four plants which 

combust these fuels. Based on our experience and observations, we believe the proposed rates 

are appropriate changes.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment. 

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

50

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 13

Comment: EPA is proposing to add CH4 and N2O emission factors for "fuel gas" to Table C-2 

to provide emission factors for facilities that do not report under Subpart X or Y, but that burn 

fuel gas. Fuel gas is defined as "gas generated at a petroleum refinery or petrochemical plant and 

that is combusted separately or in any combination with any type of gas." The emission factors 

are the same as those for "Petroleum (all fuel types in Table C-1)": 3×10-3for CH4 and 6×10-4for 

N2O. 

API supports this revision. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

4.4 Revision to MSW default biogenic fraction

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)51

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 13

Comment: EPA Should Base Any Revisions to the Default Factor for Biogenic CO2

Emissions from MSW Combustion on Actual Biogenic Fractions Reported by Industry 

EPA should not revise the default biogenic CO2 emissions factor for MSW combustion based on 

the questionable CO2 emission factor estimate derived in the "Review and Evaluation of 40 

 

50 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

51 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
151

C.F.R. 98 CO2 Emission Factors for EPW07072 TO 45"(in Docket ID EPA_HQ-OAR-2012-

0934). 

The analysis premises a change to a lower biogenic fraction based on the supposition that the 

composition of MSW has changed significantly since the mid-1990s when the current biogenic

emission factor of 0.60 or 60 percent was developed. However, the Agency analysis offers no 

data to support that supposition. Furthermore, EPA is now in possession of far more robust data 

upon which to base an analysis of the suitability of the existing biogenic emission factor used for 

the GHGMRR. The Agency should use the actual biogenic CO2 fractions reported by all 

municipal waste combustors (MWCs) for the first three years of the GHG reporting program 

(2010-2012). We understand that the Agency did not have this information available to it until 

this year as reporting of the biogenic CO2 emission fractions was deferred. However, this 

information is now available to EPA and provides a far more scientifically defensible basis for 

making a proposed change, or for validating the existing factor. WM recommends these data be 

used to evaluate, and if appropriate, revise the default biogenic CO2 emission factor in 40 C.F.R. 

98.33. 

WM’s 17 WTE facilities have collected and analyzed over 238 quarterly CO2 samples to 

determine the biogenic CO2 fraction using ASTM Test Methods D7459-8 and D6866-08. With 

national data for the entire fleet of MWC facilities, EPA should have a thousand or more 

biogenic CO2 fraction results reported for the last three years. These data will provide ample 

basis for the Agency to evaluate the need to revise the biogenic fraction for MSW. 

WM Wheelabrator facilities’ annual average biogenic CO2 fractions are provided in the table 

below. These data verify that average biogenic CO2 fractions for MSW combustion are well 

above the 0.55 (55%) default value proposed by EPA. Analysis of WM’s reported data and that 

of the other MWCs may support an increased default emission factor above the current default 

value of 0.60 (60%). 

[See attachment to EPA-HQ-OAR-2012-0934-0041-A1 for table titled "WMBiogenic CO2

Fraction Summary" with information provided for 17 locations].

Response: See section II.B.2 of the preamble for EPA’s response to this comment.

Commenter Name: Ted Michaels, President,

Commenter Affiliation: Energy Recovery Council (ERC)

Document Control Number: EPA-HQ-OAR-2012-0934-0084-A2

Comment Excerpt Number: 1

Comment: The EPA should revise the default biogenic CO2 emissions factor to 0.62 (62%) for

MSW combustion to reflect data collected over the first three years of the EPA’s Mandatory

GHG Reporting Program and the current version of the D6866 standard in lieu of the now 

obsolete CO2 emission factor estimate included in the document “Review and Evaluation of 40 

CFR 98 CO2 Emission Factors for EPW07072 TO 45” (in Docket ID EPA_HQ-OAR-2012-

0934). Since reporting of the biogenic CO2 emission factors were deferred until this year we 
152

understand that EPA did not get the data in time to evaluate and incorporate that evaluation in 

these proposed rule revisions. However, the biogenic CO2 factor data was reported in 2013 for 

all three years (2010-2012) and this data should be used for evaluating and revising if necessary

the default biogenic CO2 emission factor in 40 CFR 98.33. The average biogenic content from 

the over 670 stack samples collected from 2010 through 2012 via ASTM D7459-08 for 

radiocarbon analysis by ASTM D6866-08 from the 56 MWC facilities operated by Covanta 

Energy and Wheelabrator Technologies was 62.3% (Attachment 1). These 56 facilities represent 

approximately 80% of the total installed MWC processing capacity in the United States.

The average biogenic content of 62.3% from the 2010-12 GHG data base is based on the 

outdated ASTM standard D6866-08 that is currently referenced in 40 CFR 98.34 (d). ASTM 

D6866-08 was revised in 2010 (the first GHG reporting year) to incorporate a new correction 

factor that to account for excess radioisotope C14 in the atmosphere from thermonuclear 

weapons testing. In 2008 (ASTM D6866-08) this correction factor was 0.93. In 2010 (ASTM 

D6866-10) this correction factor was revised to 0.95 to account for diminishing concentrations of 

atmospheric C14 associated with historic thermonuclear testing. The correction factor of 0.95 

remained constant in the 2011 and 2012 versions of the ASTM standard (D6866- 11 & 12). 

However, future corrections will be necessary given the continuing decay of atmospheric C14 

associated with thermonuclear weapons testing to ensure that the radiocarbon test method 

accurately quantifies the biogenic based content of CO2 samples from MSW combustion.

To ensure accurate biogenic CO2 fractions are reported in future GHG reporting years, 40 CFR 

98.34 (d) must at a minimum be revised to reference ASTM D6866-12 or the latest available 

version of the standard at the beginning of the GHG reporting year. This would allow the 

incorporation of the updated atmospheric C14 correction factors, which reflect the measured 

change in atmospheric C14 overtime, to be automatically incorporated without a rule revision.

Finally, all biogenic CO2 fraction data in the GHG reporting database (2010-2012) should be 

retroactively revised to reflect the thermonuclear atmospheric C14 correction factor (0.95) in 

place at the time the stack samples were evaluated. The average reported bio-based CO2 fraction 

from MSW combustion would increase from 62.3% to 63.6% using the latest version of ASTM 

D6866-12 and well above the default biogenic based CO2 fraction of 55% being proposed for 40 

CFR 98.33.

The purpose of the Greenhouse Gas Reporting Rule is to broaden and improve the information 

upon which EPA relies to make informed decisions. ERC believes that EPA should not rely on 

emission factors in lieu of actual data collected by EPA, such as the various default emission 

factors used in calculating methane emissions from landfills. For example, the default emission 

factors for methane emissions conflict with data collected through studies by the U.S. EPA 

Office of Research and Development. EPA should use real data in lieu of defaults, as 

appropriate.

Response: The comment regarding updating the ASTM method is outside the scope of the 

proposed amendments because it pertains to a section of the rule for which no changes were 

proposed.
153

See section II.B.2 of the preamble for EPA’s response to the comment regarding the default 

biogenic CO2 emission factor for MSW.

Commenter Name: Michael E. Van Brunt, Director, Sustainability

Commenter Affiliation: Covanta Energy Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0082-A2

Comment Excerpt Number: 1

Comment: To ensure accurate quantification and reporting of GHG emissions, it is imperative 

that the EPA use the most recent data, methodologies and research available. As the EPA revises 

the Rule, we ask that the following changes be incorporated to ensure accurate reporting:

The default biogenic content factor for MSW in 40 CFR 98.33(e)(3)(iv) should be revised to 

reflect the results of radiocarbon analysis reported to the EPA through the Greenhouse Gas 

Reporting Program (“GHGRP”).

The calculation of the biogenic fraction of CO2 emitted from the combustion of MSW should 

reference the most current version of the radiocarbon analysis standard, ASTM D6866. Older 

versions of the standard are no longer accurate.

Response: The comment regarding updating the ASTM method is outside the scope of the 

proposed amendments because it pertains to a section of the rule for which no changes were 

proposed. 

See section II.B.2 of the preamble for EPA’s response to the comment regarding the default 

biogenic CO2 emission factor for MSW.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)52

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 14

Comment: We also strongly recommend that EPA incorporate use of the latest version of the

ASTM test method for GHG reporting. The rule references ASTM Test Method D6866-08 in 40 

C.F.R. 98.34 (d) for determining biogenic CO2 fraction. This version is outdated by two years. 

The ASTM D6866 method was revised in 2010 (the first GHG reporting year) to incorporate a 

new correction factor used to account for excess radioisotope C14 in the atmosphere from thermonuclear testing. In 2008, this correction factor was 0.93. In 2010, the correction factor was 

revised to 0.95 in ASTM D6866-10. Using the most up-to-date method, the actual biogenic CO2

fractions for WM’s MWCs (and the national fleet) would be higher for all three reporting years 

 

52 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
154

by 1% absolute as shown in the table below. To ensure accurate biogenic CO2 fractions are 

reported in future GHG reporting years, 40 C.F.R. 98.34 (d) should be revised to reference 

ASTM D6866-10 or "latest version." This would allow the latest improvements in radio-dating 

of CO2 to determine biogenic CO2 to be automatically incorporated without a requisite rule 

revision. 

Response: This comment is outside the scope of the proposed amendments because it pertains 

to a section of the rule for which no changes were proposed.

Commenter Name: Michael E. Van Brunt, Director, Sustainability

Commenter Affiliation: Covanta Energy Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0082-A2

Comment Excerpt Number: 4

Comment: The proposed biogenic fraction of 0.55 does not reflect the data collected and

reported through the GHGRP. Since reporting of the biogenic CO2 emission factors were 

deferred until this year, we understand that EPA did not get the data in time to evaluate and 

incorporate that evaluation in these proposed rule revisions. However, the biogenic CO2 factor 

data was reported in 2013 for all three years (2010-2012) and this data should be used for 

evaluating and revising, if necessary, the current default biogenic CO2 emission factor in 40 CFR 

98.33. 

Experience at Covanta’s facilities indicates that the proposed value of 0.55 is too low. The 

average biogenic fraction from the over 580 stack samples collected from 2010 through 2012 via 

ASTM D7459-08 for radiocarbon analysis by ASTM D6866-08 from the 39 facilities operated 

by Covanta Energy was 62.8% (Attachment 1), significantly higher than the proposed value of 

55% (0.55). [See Docket Id. No. EPA-HQ-OAR-2012-0934-0082 for Attachment 1.] These 39 

facilities process roughly two-thirds of all of the MSW managed through energy recovery

annually. The over 580 24-hour samples represent a sample size of over 260,000 tons of 

municipal solid waste. In contrast, the EPA’s proposed factor was calculated based on EPA’s 

2009 estimated waste composition which relies not on actual emissions data, but on an 

economy-wide materials flow methodology and mass balance approach. The EPA has 

consistently shown a preference for the use of actual data, both in the GHGRP as well as in other 

programs, like the EPA Emission Factor database AP-42. Actual data required under the 

GHGRP are now available and should be used to establish the default.

Response: See section II.B.2 of the preamble for EPA’s response to this comment.

Commenter Name: Michael E. Van Brunt, Director, Sustainability

Commenter Affiliation: Covanta Energy Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0082-A2

Comment Excerpt Number: 5
155

Comment: Currently, facilities are required to report the fraction of biogenic CO2 emissions

based on the outdated ASTM standard D6866-08 referenced in 40 CFR 98.34 (d). ASTM 

D6866-08 was revised in 2010 (the first GHG reporting year) to incorporate an updated 

correction factor accounting for excess radioisotope C14 remaining in the atmosphere as a result 

of thermonuclear weapons testing. In the 2008 version of ASTM D6866, this correction factor 

was 0.93. In 2010, (ASTM D6866-10) this correction factor was revised to 0.95 to account for 

diminishing concentrations of atmospheric C14 associated with historic thermonuclear testing. 

The correction factor of 0.95 remained constant in the 2011 and 2012 versions of the ASTM 

standard (D6866- 11 & 12). However, future corrections will be necessary to ensure that the 

radiocarbon test method accurately quantifies the biogenic based content of CO2 samples from 

MSW combustion. 

To ensure accurate biogenic CO2 fractions are reported in future GHG reporting years, 40 CFR 

98.34 (d) must at a minimum be revised to reference ASTM D6866-12 or the latest version of the 

standard available at the beginning of the GHG reporting year. This would allow the 

incorporation of the updated atmospheric C14 correction factors, which reflect the measured 

change in atmospheric C14 over time, to be automatically incorporated without a rule revision. 

Finally, all existing biogenic CO2 fraction data in the GHG reporting database (2010-2012) 

should be retroactively revised to reflect the correction factor (0.95) in place at the time the stack 

samples were evaluated. Using the current consensus standard (ASTM D6866-12), the average 

reported bio-based CO2 fraction from MSW combustion at Covanta’s facilities is actually 64.2%, 

instead of 62.8% as calculated using the obsolete standard. The continued use of an outdated 

standard is inaccurate and should be corrected in these technical revisions to the Rule.

Response: This comment is outside the scope of the proposed amendments because it pertains 

to a section of the rule for which no changes were proposed. 

Commenter Name: Darden Hood, President

Commenter Affiliation: Beta Analytic Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0039-A2

Comment Excerpt Number: 1

Comment: As President of Beta Analytic, a leading laboratory providing radiocarbon dating

analysis via ASTM D6866 and as a co-author and leading expert in C14 radiocarbon analysis, I 

am intimately familiar with the standard and its application. I recommend that the EPA revise the 

Greenhouse Gas Reporting Rule to reference the latest version of ASTM D6866 standard. 

Currently, the latest version of the standard is D6866-12. Use of the most recent version of 

ASTM-D6866 is both scientifically correct and consistent with ASTM preference in application 

of its Standards.

Use of the revised standard will result in slightly higher biogenic fraction results. In the range of

60-70 % biogenic carbon, the application of the 0.95 factor of ASTM-D6866-12 vs the 0.93 

factor of ASTM-D6866-08 will typically increase the calculated result by 1% biogenic carbon. 

Application of the newest standard would also be consistent with use by the US Department of 
156

Agriculture (USDA) in its Biopreferred Program and Certified Biobased Label program and by 

international agencies and stake holders obtaining biobased and biogenic carbon results.

Response: This comment is outside the scope of the proposed amendments because it pertains 

to a section of the rule for which no changes were proposed. 

4.5 Other comments on proposed Subpart C Technical Corrections

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

53

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 14

Comment: EPA is proposing to modify 98.36(c)(3) to allow reporting fuel consumption for 

common pipe, where the consumption is obtained from gas billing records, in units of therms or 

MMBtu. 

API supports the added flexibility provided by this revision and the consistency with other parts 

of the rule. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

5.0 Revisions to Subpart E

No comments were received on the proposed revisions to this subpart.

6.0 Revisions to Subpart H

6.1 Revisions to reporting requirements

Commenter Name: Andrew T. O’Hare, Vice President, Government Affairs,

Commenter Affiliation: Portland Cement Association (PCA)

Document Control Number: EPA-HQ-OAR-2012-0934-0061-A1

Comment Excerpt Number: 1

Comment: Because cement manufacturers have a long history of tracking GHG emissions well

in advance of EPA promulgation of the GHG mandatory reporting rule, PCA members support 

reporting requirements applicable and consistent with the cement manufacturing process. To that 

end, EPA is proposing one revision to the reporting requirements of 40 CFR part 98, subpart H, 

pertaining to cement production, requiring that cement makers file reports on a facility-wide, as 

opposed to a kiln-specific, basis. The current Part 98, published on October 30, 2009, provides 

 

53 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
157

that facilities subject to subpart H report the monthly cement production from each kiln at the 

facility for verification of reported emissions. In the preamble to the Technical Corrections, 

Clarifying, and Other Amendments to Certain Provisions of the Mandatory Greenhouse Gas 

Reporting Rule (75 FR 66434, October 28, 2010), EPA stated its intent to change the cement 

production reporting requirements under 40 CFR 98.86 to require annual, facility-wide cement 

production instead of monthly, kiln-specific cement production (75 FR 66440). Reporting 

cement production on a kiln-specific basis is inconsistent with cement plant manufacturing 

practices, because kilns produce clinker (an intermediate product in cement manufacturing) and 

do not make cement. Although it was obviously the EPA’s intention to revise the rule 

accordingly, inadvertently, this change was not reflected in the rule. This change is also 

consistent with the requirement in 40 CFR 98.86(b)(3), which requires facilities without 

continuous emissions monitoring systems (CEMS) to report annual cement production at the 

facility. Therefore, EPA is proposing to amend 40 CFR 98.96(a)(2) to require reporting of 

facility-wide cement production. PCA supports and appreciates EPA’s following through on its 

intent to modify reporting requirements to reflect established manufacturing practices. 

Response: EPA thanks the commenter for their support. This change will provide consistency in 

the reporting requirements for facilities using CEMS and not using CEMS.

7.0 Revisions to Subpart K

No comments were received on the proposed revisions to this subpart.

8.0 Revisions to Subpart L

8.1 Revisions to reporting requirements for RY2013

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)54

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 11

Comment: Under Subpart L, ACC strongly supports EPA’s proposed extension for less detailed

reporting requirements for fluorinated gas producers for reporting year 2013. It is essential for 

EPA and producers to take all the time needed to consider various potential reporting options 

that would not diminish the protection of sensitive trade data.

Response: EPA thanks the commenter for their support.

 

54 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
158

Commenter Name: Dana Schnobrich, Senior Environmental Specialist

Commenter Affiliation: 3M Company

Document Control Number: EPA-HQ-OAR-2012-0934-0113-A2

Comment Excerpt Number: 6

Comment: Under Subpart L, 3M also supports EPA's proposed extension for less detailed 

reporting requirements for fluorinated gas producers for reporting year 2013. This time is 

essential for EPA and producers to consider various potential reporting options that would 

protect sensitive trade data.

Response: EPA thanks the commenter for their support.

9.0 Revisions to Subpart N

No comments were received on the proposed revisions to this subpart.

10.0 Revisions to Subpart O

No comments were received on the proposed revisions to this subpart.

11.0 Revisions to Subpart P

11.1 Revisions to term definitions in Equations P-1, P-2, and P-3

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

55

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 18

Comment: EPA is proposing to revise 40 CFR 98.163(b) to clarify that when the fuel and 

feedstock material balance approach is followed, the average carbon content and molecular 

weight for each month used in Equations P-1, P-2, or P-3 may be based on analyses performed 

annually or analyses performed more frequently than monthly. If the carbon content or molecular 

weight measurements are performed annually, reporters would use the annual value as the 

monthly average. If the analyses are performed more often than monthly, then the reporter would 

use the arithmetic average of these values as the monthly average. Further, EPA is proposing to 

revise the term definitions in Equations P-1, P-2, and P-3 to remove references to "one or more 

analyses" since multiple analyses in a month are not always required. 

API has no comment on this revision. 

 

55 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
159

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

11.2 Revisions to fuel and feedstock analysis requirements

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

56

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 19

Comment: EPA is proposing to modify 40 CFR 98.164(b)(3) and (b)(4) to allow annual 

determination of carbon content for feedstocks delivered by bulk transport. Previously annual 

carbon contents were only allowed for "liquid fuels" and "solid fuels" delivers by bulk transport. 

API supports this revision. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

57

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 20

Comment: EPA is proposing to modify 40 CFR 98.164(b)(5) to reduce burden by adding 

flexibility to the fuel and feedstock analysis requirements, consistent with EPA’s original intent 

and subpart C (40 CFR 98.34(a)(6), 40 CFR 98.34(b)(4)), and subpart X (40 CFR

98.244(b)(4)(xiii)). The proposed change allows a facility to analyze fuels and feedstocks using 

chromatographic analysis, whether continuous or non-continuous. The revision also replaces 

"gas chromatograph" with "chromatograph". 

API supports the consistency and flexibility associated with this revision. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

 

56 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

57 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
160

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)58

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 12

Comment: ACC supports the following proposed changes for Subpart P: clarifying the fuel and 

feedstock material balance approach; adding flexibility to the fuel and feedstock analysis; and 

moving recordkeeping requirements to §98.167(c) and (d).

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

11.3 Revisions to reporting requirements

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

59

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 21

Comment: EPA is proposing to revise 40 CFR 98.166(a)(2) and (a)(3) to remove the 

requirement to report hydrogen and ammonia production for all units combined. The individual 

unit production is already reported and can be summed to obtain the production for all units 

combined. 

API supports this revision. However, this will require changes to a reporting company's internal 

reporting system if the revision results in a change to EPA's xml schema.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

11.4 Other comments on proposed subpart P Technical Corrections

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

60

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 22

Comment: EPA is proposing to move recordkeeping requirements currently included in 40 CFR

98.164 (Monitoring and QA/QC requirements) to 40 CFR 98.167 (Records that must be 

retained). Specifically, 40 CFR 98.164(c) and (d) will be moved to new paragraphs 40 CFR

 

58 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).

59 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

60 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
161

98.167(c) and (d). No changes are made to the regulatory text. It is just moved from 98.164 to 

98.167. 

API supports this revision for the added clarification and consistency. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

12.0 Revisions to Subpart S

No comments were received on the proposed revisions to this subpart.

13.0 Revisions to Subpart Q

13.1 Revisions to calculation methods

Commenter Name: John L. Wittenborn and Joseph J. Green, Counsel, Kelley Drye & Warren 

LLP

Commenter Affiliation: Steel Manufacturers Association (SMA)

Document Control Number: EPA-HQ-OAR-2012-0934-0045-A1

Comment Excerpt Number: 3

Comment: SMA is concerned that clarifications are needed in the proposed revisions to Subpart

Q of the GHG reporting rule. Because natural gas combustion is commonly used to help meet the 

energy requirements for melting scrap in an electric arc furnace (EAF), EPA is proposing to 

modify Equation Q-5. [In addition, it appears that the closing bracket in Equation Q-5 was not 

included (see 78 Fed. Reg. at 19,854).],which is used to calculate CO2 emissions from EAFs, by

adding terms to account for the amount of gaseous fuel combusted and the carbon content of the 

gaseous fuel. SMA acknowledges that the products of natural gas combustion may contribute to 

carbon dioxide emissions from EAFs; however, for many of our member facilities, fuel 

combustion emissions from EAFs are already calculated and reported under Subpart C. To avoid 

double-counting of CO2 emissions, SMA suggests that EPA clarify that CO2 emissions from fuel 

combustion in EAFs reported under Subpart Q are not required to be reported under Subpart C. 

Additionally, further clarification is needed regarding the reporting of methane and nitrous oxide 

emissions from natural gas combustion in EAFs under either Subpart C or Subpart Q.

Response: For owners and operators of facilities subject to subpart Q of the GHGRP, emissions 

from electric arc furnaces (EAFs), including fuel combustion emissions, are to be reported under 

subpart Q using the methods outlined in 98.173(a) and (b). It should be noted that when CEMS 

are used to monitor EAFs, the procedures of subpart C are used to calculate CO2, CH4 and N2O 

emissions, and these emissions are reported under subpart Q. When the carbon mass balance 

method in 98.173(b)(1) or the site specific emission factor method in 98.173(b)(2) are used, only

CO2 emissions are to be calculated, and those emissions are reported under subpart Q. In this 

action, EPA amended equation Q-5 which is used to calculate CO2 emissions from electric arc 

furnaces using the carbon mass balance method to account for instances where gaseous fuels are 
162

used for EAF’s. With this amendment, equation Q-5 now accounts for CO2 emissions from 

gaseous fuel which is analogous to the inclusion of terms for solid, liquid and gaseous fuels used 

in taconite indurating furnaces in equation Q-1; gaseous fuels used in sinter processes in equation 

Q-4; along with solid and gaseous fuels used in direct reduction furnaces in equation Q-7. 

14.0 Revisions to Subpart V

No comments were received on the proposed revisions to this subpart.

15.0 Revisions to Subpart X

15.1 Revisions to calculation methods

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 7

Comment: Dow supports the following changes to Subpart X and encourages EPA to make the 

requirements for very small additive streams more flexible with respect to determining the 

carbon content. 

Dow supports the proposed changes including clarifying that operations that comply with

§98.243(c) (material balance calculations) are not to report emissions from the combustion of 

petrochemical off-gas in any combustion unit. We agree with EPA’s assessment that the 

inclusion of the CO2 emissions from the combustion unit would result in double counting the 

emissions since the carbon lost from the Subpart X material balance calculation is converted to 

CO2 already. 

Dow also supports EPA’s change to §98.243(c)(3) that allows the regulated entity to obtain the 

carbon content of a feedstock stream that is measured by an external customer. EPA should also 

consider some additional alternatives for determining the carbon content of minor additive 

streams that constitute less than 0.5% of the total feedstock flow on an annual basis. To avoid 

expensive analytical costs for these very small input streams, the owner/operator should be able 

to use process knowledge to determine the carbon content of such additive streams or be able to 

use a default carbon content of 1.0 for these additive streams. Such a change would reduce the 

burden on reporters to obtain carbon content information for these very small additive streams. 

Response: We have decided not to take action at this time on the commenter's request for less 

burdensome alternatives for determining the carbon content of small feedstock streams because 

this request addresses an issue that is outside the scope of the current rulemaking. Although we 

proposed changes to provide additional flexibility in who is authorized to perform carbon content 

measurements, we did not propose amendments to the types of streams for which such 

measurement is required when using the mass balance option in 98.243(c). However, EPA plans 
163

to consider options for determining carbon content of small feedstock streams in future 

rulemakings. EPA also thanks the commenter for their support of the proposed changes.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)61

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 14

Comment: ACC also supports the following proposed changes for Subpart X: clarifying that 

subject facilities are not to report emissions from the combustion of petrochemical off-gas in any 

combustion unit; and clarifying the reporting requirements for reporters using the mass balance 

method.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)62

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 15

Comment: ACC also supports the following proposed changes for Subpart X: calculation

methodology in §98.243(b); allowing subpart X reporters to utilize the mass balance calculation 

method; [and] changes to the mass balance calculation method in §98.243(c)(5).

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Frederick G. Fedri, Principal Environmental Specialist

Commenter Affiliation: Occidental Chemical Corporation (OCC)

Document Control Number: EPA-HQ-OAR-2012-0934-0106

Comment Excerpt Number: 14

Comment: OCC fully supports the changes for Subpart X: clarifying that subject facilities are 

not to report emissions from the combustion of petrochemical off-gas in any combustion unit; the 

calculation methodology in §98.243(b); allowing subpart X reporters to utilize the mass balance 

 

61 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).

62 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
164

calculation method; changes to the mass balance calculation method in §98.243(c)(S); and 

clarifying the reporting requirements for reporters using the mass balance method.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

15.2 Revisions to monitoring requirements

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 6

Comment: EPA should clarify certain aspects of the newly referenced QA/QC requirements for 

flares in 40 CFR 98.254 and should provide additional time for existing entities to comply.

EPA has proposed to require that certain flares associated with Subpart X facilities using 

§98.243(d) to meet the QA/QC requirements for flares in accordance with Subpart Y §98.254. 

First, EPA should clarify that these changes do not require additional instrumentation to be 

installed, and that in accordance with §§98.253(b)(1) through (b)(3) that the reporter can 

continue to use engineering records, company records, or similar estimates in cases where a 

volumetric flow rate meter and/or a carbon content measurement device is not installed on a flare 

header. 

Also, EPA should provide some additional time for reporters to add any existing instrumentation 

to the GHG Monitoring Plan and into existing maintenance database systems to ensure that they

are calibrated in accordance with the rule. EPA should establish a compliance date of no earlier 

than July 1, 2014 for these existing devices to meet the QA/QC requirements in Subpart Y.

Response: We agree with the commenter that clarification of the language in the new 

§98.244(c) is warranted. As stated in the preamble to the proposed amendments, our objective 

was to harmonize the flare gas monitoring requirements in subpart X with flare gas monitoring 

requirements in other subparts (e.g., subpart Y). Subpart X already requires compliance with the 

emission calculation methods for flares in §98.253(b)(1) through (b)(3), but it lacks the QA/QC 

requirements that apply in subpart Y. Our intent with the proposed §98.244(c) was to correct this 

oversight and only require QA/QC of flare gas meters when they are used, as in subpart Y; 

reporters are still allowed to determine flare gas characteristics using engineering records and 

other information in accordance with §98.253(b)(1) through (b)(3) if meters have not been 

installed. Since proposal we also realized that the reference to QA/QC procedures in subpart Y 

should be restricted to paragraphs (b) through (e) in 98.254 because those are the only 

paragraphs in §98.254 that apply to flare gas meters. To clarify these points, we revised 

§98.244(c) in the final amendments to specify that you must "conduct monitoring and QA/QC in 

accordance with §98.254(b) through (e) for each flare gas flow meter, gas composition meter, 

and/or heating value monitor that you use to comply with §98.253(b)(1) through (b)(3)". These 

final revisions are included in the Table of Revisions to this rulemaking (see Docket ID No. 

EPA-HQ-OAR-2012-0934).
165

See section II.K.2 of the preamble for EPA’s response to the comment regarding a compliance 

date for meeting the QA/QC requirements for existing flare gas monitoring devices.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)63

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 16

Comment: ACC also supports the following proposed changes for Subpart X: modifying the 

monitoring and quality assurance requirements for flares.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

15.3 Revisions to missing data requirements

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)64

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 17

Comment: ACC also supports the proposed changes [to] missing data procedures.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

15.4 Other comments on proposed subpart X Technical Corrections

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 9

Comment: AFPM also supports the proposal’s changes to Subpart X.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

 

63 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).

64 Id.
166

15.5 Comments on Rule issues not proposed

Commenter Name: Frederick G. Fedri, Principal Environmental Specialist

Commenter Affiliation: Occidental Chemical Corporation (OCC)

Document Control Number: EPA-HQ-OAR-2012-0934-0106

Comment Excerpt Number: 16

Comment: The EPA should review how the changes may affect data validation error generation 

within the e-GGRT system. OCC has submitted a letter to Michael S. Hannan, PE at the EPA 

Office of Atmospheric Programs Climate Change Division-Greenhouse Gas Reporting Branch 

covering issues that generate data validation errors based on the use of IPCC factors in 

comparing reported GHG emissions to expected emissions based on those IPCC studies. In the 

interests of eliminating future data validation messages, OCC is raising the request to report 

VCM production in place of EDC production based on the analysis described in that 

correspondence, and in particular noting IPCC's observation that ...“The CO2 emission factor 

that will be applied will depend upon whether activity data for EDC production or activity data 

for VCM production are available.” The IPCC report can be referenced at: http://www.ipccnggip.iges.or.jo/public/2006gl/pdf/3_Volume3/V3_3_Ch3 Chemical Industry.pdf.

Response: We appreciate the commenter's feedback regarding issues with the validation system 

in the electronic reporting tool. We will be reevaluating the validation checks and messages prior 

to the reporting period for reporting year 2013 data in an effort to correct any errors and 

streamline operation of the system. The request to report VCM production instead of EDC

production addresses an issue that is outside the scope of the current rulemaking because we did 

not propose amendments to the petrochemical production rate reporting requirements. However, 

EPA will consider the issue of reporting VCM production in lieu of EDC production in future 

rulemakings. There are no changes to the rule as a result of this comment.

16.0 Revisions to Subpart Y

16.1 Revisions to calculation methods

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

65

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 23

Comment: EPA is proposing revisions to subpart Y to change the reference to Table C-2 at 40

CFR 98.253(b)(2) and (b)(3) from "Petroleum Products" to "Fuel Gas" for calculation of CH4

and N2O from combustion of fuel gas. EPA is also proposing to revise 40 CFR 98.252(a) to 

remove the reference to the default emission factors for "Petroleum (All fuel types in Table C-1)" 

 

65 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
167

in Table C-2. Because the emission factors for Petroleum Products and Fuel Gas are identical, 

this will not change the result of any emission calculation. 

API has no issue with this revision. 

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

66

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 25

Comment: EPA is proposing to include sour gas feed sent for off-site sulfur recovery to the 

Flow Measurement requirements under 98.253(f)(2), to the Carbon Content requirements under 

98.253(f)(3), and to the CO2 emission calculations under 98.253(f)(4). These paragraphs 

currently apply only to sour gas feed to the (onsite) sulfur recovery plant. 

This revision appears to harmonize requirements for onsite and offsite sulfur removal units.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

67

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 26

Comment: EPA is proposing to revise 40 CFR 98.253(f)(4) and the terms "FSG" and "MFc" in

Equation Y-12 to clarify the calculation methods for sulfur recovery plants to address both onsite and off-site sulfur recovery plants. EPA is also proposing changes to the reporting 

requirements in 40 CFR 98.256(h) to clarify the reporting requirements for on-site and off-site 

units. The proposed revisions would clarify the requirements that should apply to on-site versus 

off-site sulfur recovery plants. 

This revision appears to harmonize requirements for onsite and offsite sulfur removal units.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

 

66 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

67 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
168

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

68

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 27

Comment: EPA is proposing to clarify 40 CFR 98.253(j) regarding when Equation Y-19 must 

be used for calculation of CH4 and CO2 emissions. The proposed change clarifies that Equation 

Y-19 must be used to calculate CH4 emissions if the reporter elected to use the method in 40 

CFR98.253(i)(1), and may be used to calculate CO2 and/or CH4 emissions, as applicable, if the 

reporter elects this method as an alternative to the methods in paragraphs (f), (h), or (k) of 40 

CFR 98.253. EPA is also proposing to clarify reporting requirements to 40 CFR 98.256(j) and 

(k) to specify that when Equation Y-19 is used for asphalt blowing operations or delayed coking

units, the facility must report the relevant information required under 40 CFR 98.256(l)(5) rather 

than all of the reporting elements in 40 CFR 98.256(l). 

This revision appears to harmonize the reporting and calculation requirements for Equation Y19.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

16.2 Other comments on proposed subpart Y Technical Corrections

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

69

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 24

Comment: Under 98.252(i), EPA is proposing to require non-merchant hydrogen production 

process units to follow the calculation methodologies, monitoring, and QA/QC methods, missing 

data procedures, reporting requirements, and recordkeeping requirements of Subpart P. 

API supports this clarification.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment.

 

68 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

69 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
169

17.0 Revisions to Subpart Z

17.1 Revisions to reporting requirements

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 10

Comment: TFI Does Not Oppose the Proposed Subpart Z Revisions, But Seeks Confirmation 

of its Interpretation of “Annual Phosphoric Acid Production Capacity” in Revised 40 C.F.R. 

§98.266(b)

For Subpart Z, EPA proposes to revise the definition of CO2n,i in 40 C.F.R. §98.263(b)(1)(ii) to 

make clear that the term means the CO2 content in the phosphate rock, not the direct CO2

emissions from the process. In addition, EPA proposes to delete some superfluous language from 

40 C.F.R. §§98.264, 266, and 267. Also, EPA proposes to delete “permitted” in 40 C.F.R. 

§98.266(b) to address the situation where facilities may not have a permitted capacity or, even if 

they do, they do not operate at the permitted capacity. TFI does not oppose these proposed 

revisions to Subpart Z.

However, TFI seeks EPA confirmation of its understanding of the deletion of “permitted” in 40 

C.F.R. §98.266(b), to have the sentence read -

[E]ach annual report must contain the information specified in paragraphs (a) through (f) of this 

section.

* * *

(b) Annual phosphoric acid production capacity (tons).

* * *

TFI interprets this requirement to mean that reporters must provide, for the relevant reporting 

year, the actual annual phosphoric acid production for each wet process phosphoric acid process 

line, not the nameplate capacity of the line. We reach this conclusion because EPA states in the 

2013 GHGRP Revisions preamble that the contemplated deletion of “permitted” “will provide a 

better characterization of the relationship between industry production and emissions.” If EPA is 

interested in correlating phosphoric acid production and CO2 emissions, the most relevant data 

element is actual phosphoric acid production during the reporting year, not the nameplate 

capacity of the process line. We seek EPA’s concurrence with our conclusion that the term 

“annual phosphoric acid production capacity” refers to the actual phosphoric acid production 

from the phosphoric acid process line, and not the nameplate capacity of the line. TFI

understands this to be the most accurate way to calculate CO2 emissions from phosphoric 

fertilizer manufacturing.
170

Response: EPA's intent is to collect data on production capacity of the facility. Through the 

verification process EPA has learned that not all facilities have a "permitted" production 

capacity. EPA's intent of this reporting element is to understand the operating capacity of the 

facility or process line may or may not be consistent with nameplate capacity. 

Note, EPA is not clarifying the existing element §98.266(a) which requires reporting of the 

actual phosphoric acid production by origin of the phosphate rock. EPA agrees that phosphoric 

acid production, but also rock consumption are directly correlated with CO2 emissions.

18.0 Revisions to Subpart AA

18.1 Revisions to Table AA-1 or AA-2

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 1

Comment: For recovery furnaces, EPA had selected default emission factors that had been used 

by the Swedish EPA in 2004 and that were much higher than any other reported emission 

factors. NCASI was unable to uncover the basis for the emission factors used in that Swedish

EPA report, the author of which is now deceased. Stack testing of recovery furnaces by NCASI

confirmed that actual methane and nitrous oxide emissions are much lower than the default 

factors EPA had included in the Greenhouse Gas Reporting Rule. In fact, mean emission rates 

from the NCASI stack testing were more than an order of magnitude lower than the EPA 

emission factors, which in almost all instances were higher even than the highest of the range of 

stack test results.

Thus, the AF&PA and AWC petition for reconsideration demonstrated that the current 

Greenhouse Gas Reporting Rule produces estimates of methane and nitrous oxide emissions 

from recovery furnaces and wood-fired boilers that are substantially overstated. Accordingly, 

AF&PA and AWC support EPA’s proposal to revise those default emission factors (including 

creating a separate emission factor for boilers firing wood and wood residue), which will 

produce more accurate estimates of greenhouse gas emissions from the forest products industry

and will help make those estimates more comparable to estimates of GHG emissions from the 

forest products sector being reported by other countries. 

Response: Thank you for your comment. There are no changes to the final rule as a result of 

this comment. See Section II.N.1 of the preamble to the final rule for additional information.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)
171

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 4

Comment: AF&PA’s and AWC’s petition for rulemaking also noted several ways in which the

formatting of the tables used in Parts C and AA to present the default emission factors is 

potentially confusing. We support EPA’s clarification of those tables in the proposed rule. As our 

petition for reconsideration noted, the tables in the current Greenhouse Gas Reporting Rule have 

caused confusion even for EPA staff responding to questions from industry members, so 

clarifying the tables is an important change to aid compliance.

Response: Thank you for your comment. There are no changes to the rule as a result of this 

comment. See Section II.N.1 of the preamble to the final rule for additional information.

18.2 Revisions to reporting requirements, annual pulp and/or paper production

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 7

Comment: EPA proposes to require pulp and paper mills to report the annual mass of virgin

pulp produced, by kraft, soda, semichemical, or sulfite processes (not including any recycled 

fiber) (proposed section 98.276(k)(1)), and also the annual mass of “paper products exiting the 

paper machine(s), prior to application of any off-machine coatings” (proposed section 

98.276(k)(2)). The preamble to the proposed rule indicates that this is a clarification of existing 

section 98.276(k), which requires reporting of “annual production of pulp and/or paper products 

produced (metric tons).” See 78 Fed. Reg. at 19,829. 

While AF&PA appreciates EPA’s attempt to clarify reporting requirements and make sure that 

information is reported consistently across mills, the proposed reporting requirement seeks 

information that is unnecessary for the purposes of the Greenhouse Gas Reporting Rule. 

Specifically, there is no need for mills to report anything other than pulp production. We agree 

with the statement in the preamble to the proposed rule that “greenhouse gas emissions from 

pulp and paper operations reported under subpart AA are dependent on the amount of pulp 

produced” (78 Fed. Reg. at 19,823), although even that statement is an over-generalization. We 

therefore see some potential use for collecting pulp production data.

Production of pulp other than from chemical pulping of wood (e.g., groundwood, hydropulping

recycled fiber) does not contribute to the processes for which GHG emissions are estimated 

under subpart AA. See 40 C.F.R. § 98.270(b) (listing processes covered). Therefore, only 

production of chemical pulp should be reported for possible use in connection with the GHG

emission estimates reported under subpart AA. Note that paper production also could not be used 

for normalizing, e.g., emissions from boilers or landfills at pulp and paper mills, because of the 

range of factors contributing to the mass of paper produced, as discussed here, as well as other 

confounding factors such as onsite generation of electricity vs. purchased electricity and current 
172

emissions from landfills being greatly influenced by historical production as well as past changes 

in wastewater treatment technology, etc.

Response: See section II.N.2 of the preamble for EPA’s response to this comment. 

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 8

Comment: There is no apparent use, however, for data on the mass of “paper products exiting 

the paper machine(s),” which may be very different from the mass of virgin chemical pulp 

produced, and which does not relate to the processes for which estimated GHG emissions are 

reported under subpart AA. For example, the total paper production number may include 

purchased pulp (but would not include pulp produced on-site and shipped to another mill), 

recycled fiber, clay and other additives mixed in with the pulp before the paper machine, 

groundwood or thermo-mechanical pulp, on-machine coatings, etc. So not only does paper 

production not contribute to the GHG emissions reported under subpart AA (other than through 

upstream pulping, which is already accounted for), but it does not necessarily track virgin pulp 

production, either. 

EPA states in the preamble to the proposed rule that: “[r]eporting the total annual production of 

air-dried unbleached virgin pulp provides a common reporting basis for all types of pulp mills 

regardless of production processes (e.g., bleaching, secondary fiber pulping, and paper making) 

that happen downstream of the virgin pulping process where the GHG emissions are generated.” 

78 Fed. Reg. at 19,823. We agree, which is why the only production data appropriate for EPA to 

collect is the virgin chemical pulp production required in proposed section 98.276(k)(1). The 

requirement in proposed paragraph (k)(2) to report paper production is unnecessary and 

confusing and should be stricken from the final rule.

AF&PA also cautions EPA that, while annual air-dried unbleached virgin pulp production may

be an appropriate value to use for purposes of normalizing GHG emissions from the chemical 

recovery processes at pulp mills addressed in subpart AA, that value would not be appropriate 

for other purposes, such as normalizing total electricity use or total fossil fuel use by the mill. It 

should be obvious that operating a paper machine (as opposed to a pulp dryer at a market pulp 

mill), pulping recovered fiber, producing groundwood pulp, applying and drying coatings, etc. 

all have their own energy demands that are separate from the energy demands associated with 

producing the air-dried virgin chemical pulp that will be reported.

Response: See section II.N.2 of the preamble for EPA’s response to this comment. 
173

18.3 Comments on Rule issues not proposed

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 5

Comment: AF&PA requests that EPA make one other change to Subpart AA concerning the

monitoring required to support GHG emissions estimates based on the default emission factors in 

the proposed rule. Pulp and paper mills are required to monitor the black liquor solids flow rate 

to a recovery furnace, which is used to estimate and report GHG emissions from that recovery

furnace. Under 40 C.F.R. § 98.275(b), for any period when the black liquor solids flow monitor 

is unavailable, the mill has to estimate GHG emissions as if the black liquor solids flow was at 

the maximum potential firing rate of the recovery furnace (or the maximum flow rate that the 

meter can measure). This often will result in an overstatement of GHG emissions. This procedure 

also is an unnecessary burden with the potential to cause confusion, because this is different from 

the way many mills handle black liquor solids flow monitoring for compliance with National 

Emissions Standards for Hazardous Air Pollutants applicable to pulp mills under 40 C.F.R. Part 

63 Subpart MM. Under section 63.866(c)(1) of those rules, mills are required to keep records of 

the black liquor solids firing rate for each recovery furnace, and under section 63.868(b)(3)(iv), 

the mill must report when the black liquor solids firing rate during any 24-hour averaging period 

is going to be more than 10% above the level measured during the most recent performance test. 

Under sections 63.866(a)(1) and 63.6, mills are required to have a written plan that describes 

how, inter alia, malfunctions of monitoring equipment will be addressed. One AF&PA member, 

for example, has developed procedures as part of its quality assurance/quality control plans for 

its continuous monitoring systems, under which the average range of black liquor solids firing 

rates collected during recent monitor operation would be used for a time period when the 

monitor was down. That approach has been approved by the relevant air regulatory agencies and 

has been programmed into the mills’ data processing systems. Mills use black liquor solids feed 

rate in connection with reporting for many other purposes, including assessing compliance with 

NESHAPs and NSPS, estimating emissions for Toxics Release Inventory reporting, calculating 

emission fees in states that impose such fees, reporting for state emissions inventories, etc. Using 

the maximum black liquor solids feed rate for any period when the flow monitor is down, as the 

Greenhouse Gas Reporting Rule requires at 40 C.F.R. § 98.275(b), for calculating emissions of 

various pollutants for those other reporting purposes would inappropriately overstate emissions. 

On the other hand, having a data acquisition, analysis, and reporting program that uses one value 

for black liquor feed rate for GHG reporting purposes and another feed rate for all other purposes 

would be complicated and potentially confusing, both for mill personnel and for regulatory

agencies.

To avoid additional reporting burden, avoid confusion, and minimize the potential for 

inconsistent reports, the Greenhouse Gas Reporting Rule should be revised by substituting the 

following for the current subsection 98.275(b): “For missing measurements of the mass of spent 

liquor solids or spent pulping liquor flow rates, use the value used for reporting under 40 C.F.R. 

§ 63.866.”
174

Response: This comment is outside the scope of the proposed amendments because it pertains 

to a section of the rule for which no changes were proposed. The EPA will consider revisions to 

the missing data requirements for spent liquor solids at a later date.

19.0 Revisions to Subpart BB

No comments were received on the proposed revisions to this subpart.

20.0 Revisions to Subpart DD

20.1 Revisions to accuracy and precision requirements for weighing cylinders

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 8

Dow supports EPA’s proposed change to clarify that the accuracy requirements for the scale are 

"2 pounds of true weight" versus the current requirement which is "2 pounds of the scale’s

capacity".

Response: EPA thanks the commenter for their support.

21.0 Revisions to Subpart FF

No comments were received on the proposed revisions to this subpart.

22.0 Revisions to Subpart HH

22.1 Revisions to calculation methods in Equation HH-1

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)70

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 21

Comment: In the preamble to the draft technical corrections, the EPA notes that the DOC

variable is intended to be a function of the year waste is placed in the landfill. As currently 

written, the DOC term is a function of the waste type, and is not a function of the disposal year. 

 

70 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
175

The Agency requests comment on the need to revise Equation HH-1 and the definition of DOC 

to allow DOC to be a different value for different years that a waste is placed in the landfill. 

While it may be possible to revise Equation HH-1 to use a DOC which varies by year, we 

believe the practice would be far too cumbersome to be practical. In theory, such a model would 

work in a manner similar to the current Waste Composition method, which has multiple DOC 

factors. The eight model results are then summed to determine total methane generation. In 

theory, the same approach would work for multiple DOC factors, but the practice would become 

arduous. Each model for each DOC would have to be retained for all subsequent reporting years. 

If only one DOC is used each year, a facility is still required to maintain 10 models after 10 years 

of reporting. If a facility determines DOC for multiple streams of waste, the burden will only

increase. In the case of landfills projecting closure decades in the future, the burden of 

maintaining potentially hundreds of models would be vast.

Response: Thank you for your comment. In the preamble to the draft 2013 Revisions, we noted 

that, if DOC measurement techniques were included in subpart HH, then the DOC variable 

would need to be a function of the year waste is placed in the landfill. We received no comment 

regarding suitable DOC measurement methods for MSW. As such, we agree that DOC is only a 

function of the waste stream and that it is not a function of the disposal year. There are no 

changes to the rule as a result of this comment. 

Commenter Name: Angela D. Marconi, Cherry Island Landfill Gas Manager

Commenter Affiliation: Delaware Solid Waste Authority (DSWA)

Document Control Number: EPA-HQ-OAR-2012-0934-0077-A2

Comment Excerpt Number: 7

Comment: Presently, degradable organic carbon (DOC) is a function of the waste type rather 

than a function of the disposal year. EPA has requested comment regarding the need to revise 

equation HH-1 to allow DOC to vary each year. DSWA does see value in allowing DOC to vary

over time; however we are concerned that revising HH-1 to allow this variation may add 

complexity and confusion when the rule is already very complex. The requirements are complex 

but manageable at present. We would caution against any increased complexity in the 

calculations. We would support adding this flexibility to the calculations if EPA can make it 

easily implemented for the regulated community.

Response: See response to comment EPA-HQ-OAR-2012-0934-0041-A1, excerpt 21.

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department71

 

71 This comment was also submitted by Tetra Tech Bas (Docket Id. No. EPA-HQ-OAR-2012-0934-0086-A2) and 

Solid Waste Association of North America (Docket Id. No. EPA-HQ-OAR-2012-0934-0067-A1).
176

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 11

Comment: We recommend against revising Equation HH-1 to incorporate a DOC that varies by 

year in which waste is placed. Incorporating this type of change would be too cumbersome to be 

practical due to the multiple calculations that would need to be conducted.

Response: See response to comment EPA-HQ-OAR-2012-0934-0041-A1, excerpt 21.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 14

Comment: Republic does not recommend revising Equation HH-1 to incorporate a DOC that 

varies by year in which waste is placed. Incorporating this type of change would be unfeasible 

due to the multiple calculations that would need to be conducted.

Response: See response to comment EPA-HQ-OAR-2012-0934-0041-A1, excerpt 21.

22.2 Revisions to monitoring requirements

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)72

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 17

Comment: EPA’s proposal to change the frequency of monitoring from weekly to monthly will 

reduce burden for reporters without any loss of data reliability or accuracy, and properly aligns 

the GHG reporting requirements with the federal and state operating performance standards for 

MSW landfills (Subpart WWW, 40 C.F.R. 60.756(a)). 

WM strongly supports the Agency’s proposal to require methane monitoring on a monthly rather 

than a weekly basis. The landfill sector provided EPA with 2011 reporting year methane 

monitoring data for 395 landfills (296 active and 99 closed). EPA evaluated the data and 

concluded that shifting from weekly to monthly measurement frequency would increase 

uncertainty of reported methane recovery values for a single landfill by only 2.5 percent with no 

significant bias. The uncertainty for the nationwide total of reported methane recovery for the 

sector would increase only 0.1 percent. Thus, the Agency’s analysis of the extensive database 

definitively supports its proposal to reduce the frequency of methane monitoring. The proposal 

 

72 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
177

will greatly reduce the cost and burden associated with reporting, while maintaining sufficiently

reliable and accurate data.

Response: EPA thanks the commenter for their support.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)73

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 18

Comment: As noted above, WM strongly supports the Agency’s proposal to require methane 

monitoring on a monthly rather than weekly basis. The proposed monitoring frequency will 

significantly reduce the cost and burden for reporters while maintaining the same level of 

reporting accuracy and reliability. However, we recommend that the wording of 

§98.343(b)(2)(ii) and (iii) be modified to eliminate the stipulation that monthly measurements (of 

methane, temperature and pressure) be at least fourteen days apart. This creates unnecessary

complexity to what should be a simple requirement to monitor LFG each calendar month. 

First, EPA’s analysis of three years of data provided for 395 landfills showed that there is very

little variability in methane concentration across either weekly or monthly measurements. A 

requirement for a fourteen-day period between measurements is pointless. 

Second, qualified personnel properly trained in instrument calibration, sample measurement, and 

documentation procedures must be used to collect the readings for QA purposes. The fourteenday limitation significantly and unnecessarily complicates scheduling of required personnel, 

particularly for control devices that operate intermittently (a common occurrence). 

Third, for destruction devices that operate only intermittently (a common occurrence), it may not 

be possible to take a monthly reading at least fourteen days apart due to the operating schedule of 

the device. For example, if a device only operates for several days at the end of one month and 

the beginning of the next month, it would be impossible to acquire a reading for each month at 

least 14 days apart. 

We therefore recommend removing the following phrase from §98.343(b)(2)(ii) and (iii): 

If only one measurement is made each calendar month, there must be at least fourteen days 

between measurements.

Response: See Section II.R.2 of the preamble for EPA’s response to this comment.

 

73 Id.
178

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department74

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 6

Comment: The County supports the proposed change in the required sampling frequency of

methane (temperature, pressure and water content when necessary) from weekly to monthly. 

This revision will lessen the burden on the regulated community without lessening the accuracy

of the data. The County also believes it will result in more convenient tracking and cross 

checking of data by allowing calculations to be performed easily on monthly periods, which is in 

keeping with a bulk of other required calculations for the landfill community. 

The County is concerned that the proposal requires fourteen days between measurements. The 

regulated community submitted data showing that there was no significant statistical difference 

between weekly and monthly data. Therefore there is no need to stagger data collection in this 

manner. It is important to consider that because some destruction devices do not operate on a 

continuous basis, it may not always be possible for samples to be collected with fourteen days 

between measurements.

We therefore recommend removing the following phrase from 98.343(b)(2)(ii) and (iii):

If only one measurement is made each calendar month, there must be at least fourteen days 

between measurements.

Response: See Section II.R.2 of the preamble for EPA’s response to this comment.

Commenter Name: David Biderman, General Counsel, Vice President (VP), Government 

Affairs

Commenter Affiliation: National Solid Wastes Management Association (NSWMA)

Document Control Number: EPA-HQ-OAR-2012-0934-0053-A2

Comment Excerpt Number: 1

Comment: NSWMA supports EPA's proposal to require monthly monitoring of methane

generated at municipal solid waste (MSW) landfills. The current reporting rules require "weekly"

monitoring of methane in landfill gas at MSW landfills, defining weekly as measurements taken 

at least three days apart. NSWMA's members have performed weekly methane monitoring for 

the past three years. Landfill sector members provided EPA with 2011 methane reporting data 

for approximately 395 landfills. EPA's evaluation of that data reveals the methane concentration 

of landfill gas (LEG) varies very little from month to month, or week to week, while the cost of 

weekly monitoring is quite substantial. Moving from a weekly to monthly monitoring 

 

74 This comment was also submitted by Delaware Solid Waste Authority (Docket Id. No. EPA-HQ-OAR-2012-

0934-0077-A2), Tetra Tech BAS (Docket Id. No. EPA-HQ-OAR-2012-0934-0086-A2), Solid Waste Association of 

North America (SWANA) (Docket Id. No. EPA-HQ-OAR-2012-0934-0067-A1), and Republic Services (Docket Id. 

No. EPA-HQ-OAR-2012-0934-0057-A1).
179

requirement will not adversely affect environmental protection or the accuracy or reliability of 

data reported to the EPA. The proposal will also be more consistent with the standard industry

practice to measure the methane concentration in collected LFG on a monthly basis, as well as 

with state and federal operating performance standards for MSW Landfills (40 C.F.R. 

60.756(a)). The Agency's analysis of the landfill methane database strongly supports the 

proposal to reduce monitoring frequency from weekly to monthly.

However, NSWMA does not support EPA's proposal to require fourteen (14) days between 

measurements. Industry members submitted data showing that there was no significant statistical 

difference between weekly and monthly methane concentration results. We therefore recommend 

removing the following phrase from §98.343(b)(2)(ii) and (iii):

If only one measurement is made each calendar month, there must be at least fourteen 

days between measurements.

Response: See Section II.R.2 of the preamble for EPA’s response to this comment.

22.3 Revisions to oxidation fraction in Equations HH-5 through HH-8

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)75

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 15

Comment: WM commends the Agency for proposing technical corrections to Subpart HH that

reflect the site-specific influences affecting emissions of methane at MSW landfills. EPA’s 

proposal to replace the default, methane oxidation fraction of 10 percent with a more refined 

determination using site-specific data, will improve the accuracy of landfill emissions estimates. 

The Agency’s proposal to establish categorical values for methane oxidation based on each site’s 

methane flux rate is well supported by the extensive peer-reviewed data provided by public and 

private organizations in the landfill sector. We appreciate EPA’s careful review of the technical 

literature and field studies to develop and propose values for methane oxidation in landfill cover 

that more correctly reflect actual field measurements. This will allow for greater accuracy in 

estimating landfill emissions than will continued use of a national default. 

The EPA’s Proposal to Revise the Methane Oxidation Factor is Well Supported by PeerReviewed Science: 

Numerous studies have been conducted worldwide and referenced in the scientific literature that 

address and document methane oxidation in cover soils, as well as gas collection efficiency. In 

2009, The Journal of Environmental Quality published a comprehensive literature review 

[Footnote: Chanton, J.P, D.K. Powelson, and R. Green. 2009. Methane Oxidation in Landfill 

Cover Soils, is a 10% Default Value Reasonable? Journal of Environmental Quality, 38:654-

663.]. The paper references over 60 technical documents dating from 1960 to the present, with 

 

75 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
180

the majority of the papers being published in the 1990s and 2000s. Overall, based on review of 

42 determinations of the fraction of methane oxidized in a variety of soil types and landfill 

covers, the mean fraction of methane oxidized across all studies was 36 percent with a standard 

error of 6 percent. For a subset of 15 studies conducted over an annual cycle, the fraction of 

methane oxidized ranged from 11 percent to 89 percent with a mean value of 35 percent + 6 

percent, nearly identical to the overall mean. 

In July 2007, the Solid Waste Industry for Climate Solutions (SWICS) released its first white 

paper titled Current MSW Industry Position and State-of-the-Practice on LFG Collection 

Efficiency, Methane Oxidation, and Carbon Sequestration in Landfills (White Paper). The public 

and private members of SWICS shared the White Paper with EPA as it developed the GHGMRR

requirements for evaluating and reporting MSW landfill emissions. In January 2009, SWICS

updated the White Paper to incorporate additional studies noted above. 

Since the release of the 2009 White Paper, a number of studies have been published in peerreviewed literature, most notably an entire special issue of the journal Waste Management (2011) 

on Landfill Gas Emission and Mitigation sponsored by Consortium for Landfill Emissions 

Abatement Research (CLEAR). CLEAR is an International Waste Working Group (IWWG) 

Task Group, which focuses on landfill gas emission to the atmosphere. The group has members 

from 12 countries, across four continents. A number of papers in the special issue focus on the 

use of compost biocovers, bio-windows or permeable gas dispersion layers to treat and oxidize 

landfill gas in situ (Huber-Humer et al., 2011; Pedersen et al., 2011; Scheutz et al., 2011; 

Pawlowska et al., 2011; Dever et al., 2011; and Jung et al., 2011). Additionally, several papers in 

the special issue, Ranchor et al., (2011); Abichou et al., (2011) and Chanton et al., (2011b), 

examined the response of the methane oxidizing microbial community to methane loading to the 

cover soil. Two key papers, Bogner et al., (2011), and Spokas et al., (2011), describe recent work 

in California where field measurements of emission and oxidation were coupled with extensive 

modeling efforts. Chanton et al., (2011a) published the results of 37 seasonal sampling events at 

20 landfills with intermediate covers over a four-year period. Abichou et al. (2011b) examined 

the best approach towards describing central tendencies in oxidation data and reported that the 

results were generally distributed normally so that mean values could be used. 

In November 2012 SWICS, with the participation of Dr. Jeffrey Chanton of Florida State 

University and Dr. Morton Barlaz of North Carolina State University, finalized an addendum 

(2012 Addendum) to the Methane Oxidation section of the 2009 White Paper. The 2012 

Addendum includes methane oxidation results from evaluations of 90 landfills as compared to 

the 47 published evaluations available in 2009. This 2012 Addendum also addresses the 

comments and questions EPA raised in its Response to Comments to the GHG MRR Final Rule 

issued October 20, 2009 (74 FR 56260): 

First, EPA questioned the decision to calculate oxidation values using the arithmetic means as 

opposed to the median values from the array of studies, because it appeared that the means might 

be biased high. A more thorough discussion of this issue and inclusion of more recent literature 

are included in the 2012 Addendum, and both median and mean values are provided. 

Second, EPA expressed some concern regarding the possible over-reliance on laboratory studies, 

which tend to yield higher oxidation fractions. Since release of the 2009 White Paper, 
181

governmental, academic and private researchers have made a significant number of additional 

field measurements, and these results are included in the addendum. 

Third, EPA noted that only five field measurements for clay soils were available during 

development of the 2009 White Paper. Since then, significant effort has been made to measure 

methane oxidation at landfills with clay soils; the 2012 Addendum incorporates the results of 31 

field studies. 

Fourth, the 2012 Addendum addresses the variation in methane oxidation with the methane 

emission rate. 

In reviewing and incorporating the results of these peer-reviewed studies of landfill methane 

oxidation, the 2012 Addendum updated the 2009 White Paper results as follows: 

1. Clay cover: The number of studies in clay cover increased from five in 2009 to 31 in 2012. 

The mean fraction of methane oxidized increased from 18 percent to 30 percent, while the 

median fraction oxidized increased from 14 to 29 percent. 

2. Sandy soils cover: The number of studies in sandy soils doubled from eight to 16, with the 

mean oxidation value changing very little (55 to 54 percent) while the median value increased 

from 43 to 50 percent methane oxidized. 

3. "Other" covers: The number of studies in "other" cover soils increased by nine and both the 

mean and the median fraction oxidized values increased slightly. 

4. The overall mean oxidation value across all of the studies increased from 35 to 38 percent 

while the overall median oxidation fraction increased from 31 to 33 percent. 

Response: Thank you for your comment. Based on a review of all comments received, we are 

finalizing the amendments regarding soil oxidation factors as proposed with the following 

exceptions. First, we are limiting the applicability of the new methane flux-dependent oxidation 

fractions to landfills that have a soil cover of at least 24 inches in depth for a majority of the 

landfill containing waste. Second, landfills that do not have a soil cover of at least 12 inches 

must use an oxidation factor of 0, since there is an inadequate soil layer to effect oxidation of 

released methane. Finally, we will allow landfills to use the default oxidation fraction of 0.10 if 

they elect not to calculate the methane flux rate. See Section II.R.2 of the preamble for further 

explanation of these exceptions.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)76

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 16

 

76 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
182

Comment: The SWICS 2012 Addendum Definitively Supports a Significant Increase to the 

Current Default Value of Ten Percent.

The 2012 Addendum concluded that the EPA default oxidation value of 10 percent 

underestimates typical methane oxidation and is not representative of expected methane 

oxidation at sites utilizing organic, clay, sand or other cover types. EPA derived the default value 

from one field study performed at one poorly maintained landfill with no gas collection system, 

Czepiel et al [Footnote: Czepiel, P.M., B. Mosher, P.M. Crill, and R.C. Harriss. 1996. 

Quantifying the effect of oxidation on landfill methane emissions. J. Geophys. Res. 101:16711-

16719.]. Analysis of the 90 studies highlighted in the 2012 Addendum indicates that if a single 

value is considered for methane oxidation it should be between 33 and 38 percent. 

The 2012 Addendum also examined methane oxidation as a function of methane loading to the 

cover layer of the landfill. Recent studies show that the percent oxidation is an inverse function 

of the rate of emission (Stern et al., 2007; Rachor et al., 2011; Chanton et al., 2011a,b). At lower 

emission rates, the methanotrophs in the soil cover can consume a larger portion of the methane 

delivered to them, potentially oxidizing 95 to 100 percent (Humer and Lechner, 1999, 2001a, 

Huber-Humer 2008; Powelson et al., 2006, 2007; Kjeldsen et al., 1997). As flux rates increase, 

the percent oxidation decreases and the methanotrophs can become overwhelmed with methane. 

Thus, as methane emission increases, percent oxidation decreases (Powelson et al., 2006, 2007). 

A mathematical model of cover oxidation developed by Dr. Tarek Abichou of Florida State 

University (Abichou et al., 2010), demonstrates that at lower methane fluxes, oxidation rates are 

equal to the methane loading to the soil cover. Oxidation keeps pace with flux, and the soil cover 

is able to oxidize all of the methane coming from below. At lower loading rates, methane 

oxidation is equal to 100 percent. As flux increases, the cover is not able to oxidize all of the 

incoming methane, and the percent oxidation falls off. Therefore, percent oxidation starts to 

decrease as the methane loading to the cover increases. This relationship is shown clearly in the 

laboratory column studies of Rachor et al., (2011). Field studies have also confirmed this 

relationship between methane flux and percent oxidation (Chanton et al., 2011a,b). At low rates 

of methane emission, the percent oxidation is near 100 percent. As emission rates increase, the 

percent oxidation decreases. This analysis serves to support the approach that EPA is proposing 

for determining a more accurate methane oxidation fraction by calculating the methane flux rate 

for the landfill. 

In addition to the 2012 Addendum, the landfill sector provided data for 262 private and public 

landfills reporting under Subpart HH. The dataset allowed the Agency to evaluate several 

possible options for determining more accurate methane oxidation fractions. The data 

conclusively showed that the average oxidation fractions for different soil cover types are all 

well above the default 10 percent value required by Subpart HH, and underpin the need for a 

revised default value or more refined method for determining an oxidation fraction at a site. WM

strongly supports EPA’s proposal to allow reporters to determine methane oxidation by

calculating the methane flux rate on a site-specific basis.

Response: EPA thanks the commenter for their support. See response to comment EPA-HQOAR-2012-0934-0041-A1, Excerpt 15.
183

Commenter Name: Michael E. Van Brunt, Director, Sustainability

Commenter Affiliation: Covanta Energy Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0082-A2

Comment Excerpt Number: 6

Comment: The Rule’s current defaults allow landfills to assume collection efficiencies of up to 

95% and then apply a soil oxidation factor of 10%. The EPA is now proposing to increase the 

soil oxidation factor up to 35% in certain circumstances. In stark contrast, the U.S. EPA’s own 

Office of Research and Development, after a multi-site two-year study of measured methane 

emissions from landfills found that “the data collected does not support the use of collection 

efficiency values of 90% or greater as has been published in other studies.” [Footnote: U.S. EPA 

(2012) Quantifying Methane Abatement Efficiency at Three Municipal Solid Waste Landfills. 

http://www.epa.gov/nrmrl/pubs/600r12003.html] Instead, the recent EPA Report found total 

abatement efficiencies of 38-88%, including the effects of soil oxidation of methane in landfill 

cover soils. The effects of soil oxidation are inherently covered, because the EPA study looked at 

methane concentrations above the landfill surface. This technique cannot distinguish between 

methane not emitted and methane oxidized in cover soils. 

Since the abatement efficiencies published in the EPA Report consider the effects of soil 

oxidation, higher assumed soil oxidation rates, as the EPA has proposed, would require lower 

collection efficiency defaults in order to remain consistent with the EPA’s own work (Table 1)

[See Docket Id. No. EPA-HQ-OAR-2012-0934-0082-A2 for Table 1.]

The EPA’s research has been further validated by a recent team of NOAA and university

scientists. [Footnote: Peischl, P. et al. (2013) using light alkanes in the Los Angeles basin, 

California.http://onlinelibrary.wiley.com/doi/10.1002/jgrd.50413/abstract] The team, looking for 

the sources of excess methane emissions in the Los Angeles basin validated the California Air 

Resources Board (CARB) inventory approach which relies on a default collection efficiency for 

active collection systems of 75%. In particular, based on the measurements taken, emissions

from the Puente Hills Landfill were estimated to be 34 Gg/yr, comparable to the 2008 CARB 

inventory value of 38.8 Gg/yr. When the measured emissions of the Puente Hills landfill are 

compared against published data on landfill gas collection at the site, the overall abatement 

efficiency inclusive of the effects of soil oxidation is 74.7%, for a landfill with a final cover over 

83% of the landfill surface. [Footnote: Shan et al. (2012) Estimation of Landfill Gas Emissions 

and Collection System Efficiency Using Surface Flux Chamber Technology– A Case Study of 

Puente Hills Landfill, SWANA 35th Annual Landfill Gas Symposium Proceedings.] Assuming 

the newly proposed soil oxidation values of 10%, 25%, and 35%, the resultant collection 

efficiency at the Puente Hills landfill is 73%, 69%, and 66% respectively. Again, when looking 

at the actual measured emissions of methane from a landfill, assumed higher soil oxidation rates 

must correspond with correspondingly lower collection efficiencies. Given that new data are 

available, notably from the EPA and NOAA, we urge the EPA to revisit its landfill methane 

calculation. In particular, default collection efficiencies must be lowered to reflect the agency’s 

own data, NOAA’s data and the higher assumed rates of soil oxidation.
184

Response: We have reviewed the reports and articles referenced by the commenters as well as 

the CARB landfill model inventory tool. With respect to the 2012 EPA landfill study, the EPA 

study generally appears to support the landfill collection efficiencies in Subpart HH, although it 

is difficult to make definitive conclusions given only three sites were evaluated and the coverage 

of the landfill gas collection system were not well-documented. The study looked at two sites 

with an intermediate cover. One of these sites averaged 70 and 77 percent recovery over two 

different seasons of testing, which agrees well with the default of 75 percent in Table HH-3 to 

subpart HH. Given the measured surface flux, the 25% oxidation factor would likely apply. Even 

when accounting for soil oxidation, the efficiency for this landfill's gas collection efficiency

would be 69 percent, which still agrees well with the default 75 percent collection efficiency. 

The other site with an intermediate cover averaged 38 percent recovery, however, the report 

notes that the landfill gas collection system did not cover all areas of the landfill. Specifically, 

the west side and flat top areas of the landfill did not have any gas collection wells at the time of 

the study (the site upgraded its gas collection system a few months after the measurement study

was completed). Assuming approximately half the landfill area was covered by the existing 

recovery system at the time of the testing, the gas collection efficiency estimated using the area

weighting procedures outlined in Table HH-3 to subpart HH would yield an overall gas 

collection efficiency of 37.5 percent, again agreeing well with the measurement data. Even when 

using 25 percent oxidation factor (which would apply based on the measured flux rates), the 

subpart HH methodology would do a much better job at predicting the actual emissions from this 

landfill than when the CARB default assumption is used. The CARB model assumes that all 

landfills with gas collection systems achieve an overall gas collection efficiency of 75 percent 

regardless of the coverage of the landfill gas collection system. In the case of this landfill, the 

area weighted average gas collection efficiency used for subpart HH provides a much more 

realistic estimate of the overall collection efficiency for landfills that do not have a gas collection 

system that covers all of the landfill. 

The third landfill in the study had a final cover and was projected to achieve 73 percent and 88 

percent recovery during two different seasons. If the landfill’s gas collection system is sufficient 

to cover 100 percent of the landfill area, Table HH-3 to subpart HH would suggest a default of 

95 percent; if the coverage is less than 100 percent, then a lower recovery efficiency would be 

calculated using the area weighted procedures. While the report concluded that “The data 

collected does not support the use of collection efficiency values of 90 percent or greater as has 

been published in other studies,” the report notes that other studies have shown high collection 

efficiencies, and a study of a single landfill is not sufficient to revise this default factor. 

Furthermore, it is unclear from the data presented whether the gas collection system was 

sufficient to cover 100 percent of the landfill area. If only 85 to 90 percent of the landfill was 

"under active gas collection," then the subpart HH area-weighted method would accurately 

account for the gas collection efficiency for this landfill (even when accounting for the 25% soil 

oxidation factor, which again appears to apply). The report notes that there were days of very 

low emission fluxes and other days of significantly higher fluxes. The investigators hypothesized 

that the higher fluxes may have been due to a hot spot of emissions that may not have been 

included in the scan areas for the other days. This hot spot could have been caused by an area of 

the landfill that was "not under active gas collection," for which the subpart HH methodology 

would reduce the overall gas collection efficiency to much less than 90 percent. If the hot spot 

was caused by a crack or fissure in the final cover, data for one landfill is not sufficient to 

conclude that all landfills with final covers have this type of "failure." For days when this hot-
185

spot was not observed, the gas collection efficiency was on the order of 95 percent. Thus, it is 

reasonable to project in light of other studies that have been conducted, that landfills with 

properly designed and operated gas collection systems and final cover systems can achieve gas 

collection efficiencies of approximately 95 percent. Based on our review of the 2012 EPA study, 

we conclude that the results generally appear to confirm the default gas collection efficiencies in 

subpart HH, while highlighting the importance of the area weighted approach in Table HH-3 to 

reduce the overall gas collection system efficiency for areas of the landfill that are not under 

active gas collection. 

It is unclear how different the emissions would be if the subpart HH method, with its tiered gas 

collection efficiency scale based on cover type and its area-weighting (to account for areas not 

under active gas collection as well as different cover type collection efficiencies), were used inplace of the straight 75 percent collection efficiency used by CARB. As noted in the discussion 

above, there are instances where the subpart HH method would provide a much better estimate of 

the collection efficiency (in cases of partial coverage of the gas collection system) than the 

CARB method. For some landfills, it would provide a lower collection efficiency estimate; for 

some landfills, it would provide identical collection efficiency estimates; and for other landfills, 

it would produce a higher collection efficiency estimate. Over a large number of landfills, it is 

expected that the two approaches would likely yield very similar emission estimates. 

Overall, we do not see a significant difference between the subpart HH and CARB models used 

to estimate methane generation. Both models use the first order decay model with nearly

identical default parameters. The %ANDOC value used in the CARB model is simply the 

product of DOC*DOCF in Equation HH-1. While the CARB model has a range of compositional 

profiles that it uses for wastes (data that are generally not measurable by landfill owners or 

operators), the overall %ANDOC value across wastes ranges from 7.5% to 11.6% in California 

and from 10.3% to 11.6% for other states depending on the time of disposal. The bulk waste 

DOC value and default DOCF value in subpart HH yield a %ANDOC value of 10%, which 

agrees well with the effective defaults used in the CARB model. The CARB model has similar 

defaults for time delay and decay rate (k-values). While subpart HH provides a tiered approach 

for gas collection efficiencies and has proposed to use a tired approach for oxidation factors, 

these changes are most significant at the individual landfill level, and are expected to be less 

significant when aggregating the emissions across a significant number of landfills. Thus, we 

consider the NOAA study that concludes that the CARB inventory is accurate across all landfills 

in the study area also lends credibility to the modeling approach and default parameters used in 

subpart HH due to the vast similarities of these two inventory methods. 

Commenter Name: David Biderman, General Counsel, Vice President (VP), Government 

Affairs

Commenter Affiliation: National Solid Wastes Management Association (NSWMA)

Document Control Number: EPA-HQ-OAR-2012-0934-0053-A2

Comment Excerpt Number: 2

Comment: NSWMA supports replacing the current default methane oxidation value at MSW 

landfills with a determination based on site-specific data. The proposal to replace the default 
186

methane oxidation fraction of 10 percent with a more refined calculation, using site-specific data, 

will improve the accuracy of landfill emissions estimates. EPA's proposal is supported by recent 

studies that have demonstrated that the fraction of methane oxidized varies depending on soil 

type and landfill cover. See, e.g., Chanton, J.P., Methane Oxidation in Landfill Cover Soils, is a 

10% Default Value Reasonable? Journal of Environmental Quality, 38:654-663. In its comments 

on this proposed tiered methane oxidation factor, Waste Management (WM) refers to a white 

paper issued by the Solid Waste Industry for Climate Solutions (SWICS), a 2011 issue of Waste 

Management journal devoted to landfill gas emission issues, a November 2012 addendum to 

SWICS's white paper, and other studies, which support and provide a reasonable basis for EPA's 

proposed revision. NSWMA incorporates by reference WM's comments in support of replacing 

the current default methane oxidation factor with the tiered approach proposed by EPA.

Response: EPA thanks the commenter for their support. See response to comment EPA-HQOAR-2012-0934-0041-A1, Excerpt 15.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 13

Comment: Republic supports the methane oxidation revisions as proposed in Table HH-4. The 

proposed methane oxidation fraction is determined based on a site-specific methane flux “bin.” 

The “binned” approach takes into account new research in the area of methane oxidation and will 

improve the accuracy of landfill emission estimates. Republic values EPA’s commitment to 

assess available data to improve soil oxidation estimates by reviewing test data not previously 

available and/or analyzed when the GHGRP rule was finalized in 2009. The previous data used 

to determine the default oxidation factor of 10% was outdated and was developed from a single 

study at one landfill with no gas migration controls and areas of exposed waste (Czepiel et. al). It 

was appropriate for EPA to recognize additional data and incorporate such into the technical 

correction to provide greater accuracy. 

Response: EPA thanks the commenter for their support. See response to comment EPA-HQOAR-2012-0934-0041-A1, Excerpt 15.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 10

Comment: We strongly support revision to the methane oxidation factor that will use site 

specific data to better estimate the landfill cover oxidation. A significant number of scientific 

studies have been performed in support of this revision.
187

Response: EPA thanks the commenter for their support. See response to comment EPA-HQOAR-2012-0934-0041-A1, Excerpt 15.

Commenter Name: Angela D. Marconi, Cherry Island Landfill Gas Manager

Commenter Affiliation: Delaware Solid Waste Authority (DSWA)

Document Control Number: EPA-HQ-OAR-2012-0934-0077-A2

Comment Excerpt Number: 6

Comment: DSWA is pleased that EPA has proposed a revision to the methane oxidation factor 

that will use site specific data to better estimate the oxidation present. DSWA has previously

submitted comments to EPA requesting that the methane oxidation factor be revised to reflect 

research that has shown the 10% default to be a poor representation of field conditions (Czepiel 

et. al1). The 10% factor was developed from a single study at a landfill with no gas migration 

controls and areas of exposed waste.

DSWA appreciates EPA’s commitment to investigating the available research, including a 

variety of published research and the Solid Waste Industry for Climate Change Solutions 

(SWICS) white papers, and willingness to acknowledge the need for a revision of this factor. 

DSWA supports the suggested “binned” approach that has been proposed although we believe 

that methane oxidation is typically higher than the binned approach will reflect. We encourage 

EPA to remain open to new research findings and pursue revisions to the rule as needed to make 

the reported values as accurate as possible.

Response: EPA thanks the commenter for their support. See response to comment EPA-HQOAR-2012-0934-0041-A1, Excerpt 15.

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department77

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 7

Comment: The County is pleased that the EPA has proposed a revision to the methane 

oxidation factor that will use site specific data to better estimate the oxidation present. The 10% 

factor was developed from a single study at a landfill with no gas migration controls and areas of 

exposed waste. It was also outdated and not reflective of the extensive new research in the area 

of methane oxidation.

The County appreciates EPA's commitment to investigating the available research, including 

various published research and the Solid Waste Industry for Climate Change Solutions (SWICS) 

white papers, and willingness to acknowledge the need for a revision of this factor. The County

supports the suggested "binned" approach that has been proposed.

 

77 This comment was also submitted by Tetra Tech Bas (Docket Id. No. EPA-HQ-OAR-2012-0934-0086-A2).
188

Response: EPA thanks the commenter for their support. See response to comment EPA-HQOAR-2012-0934-0041-A1, Excerpt 15.

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 7

Comment: The current rule sets a default value for methane oxidation through the landfill cover 

in all cases at 10% of modeled estimates of gas generated, but not captured in the active gas 

collection system. [Footnote: 40 CFR §98.346 (Eq. HH-5).] The proposed rule makes 10% the 

lower bound value for assumed oxidation, and increases that value to 25% if estimated methane 

fluxes through the cover are “moderate” (i.e. 10 to 70 grams/m2/day), and 35% if those fluxes 

are estimated to be “low” (i.e. less than 10 grams/m2/day). [Footnote: 40 CFR §98.346 (Table 

HH-4).]

All of this is wrong. The proposed rule’s contemplation bears no relation to the known ways that 

landfills work, and do not work. In fact, as detailed below, landfills with so-called oxidizing 

covers release on a net basis substantially (e.g., greater GHG emissions than landfills designed 

with conforming composite covers (i.e. 60 mill HDPE and not less than 2 feet of compacted soil 

with permeability of <10-7 cm/sec). [Footnote: 40 CFR §258.60(a).]

No oxidation with composite covers. As the notice partially recognizes [Footnote: 78 FED. REG. 

63 (April 2, 2013), at 19825], and as was clearly established from the first published study on 

oxidation – although ignored in much of the presentment by the landfill industry – oxidation only

occurs in landfill covers that are comprised only of soil (with the necessary depth, porosity, 

temperature and microbes), and not through composite covers that include a low permeable 

geomembrane. At a landfill with a composite cover, gas only escapes through the geomembrane 

via cracks and fissures in high fluxes that exceed the capacity of microbes to oxidize, or through 

alternative routes such as via the leachate collection system where no oxidation occurs. 

[Footnote: P. M. Czepiel, “Quantifying the effect of oxidation on landfill methane emissions,” 

Journal of Geophysical Research (July, 20, 1996)., at p. 16,720.]

No effective gas collection without geomembrane seal. Critically, however, the drafter’s of the 

proposed rule do not appear to understand that absent an effective seal, which only that 

geomembrane can provide, the vacuum-based gas collection systems are only marginally 

functional. For without an effective seal on top, efforts to draw out the gas surrounding the 

collection pipes with the negative pressures created by the vacuum based system will also pull

air from the surface. [Footnote: Debra Reinhart, First Order Kinetic Gas Generation Model 

Parameters for Wet Landfills (EPA-600/R-05/072)(June 2005), at p. 3-2; Susan Thornloe 

(EPA/NRMRL), Innovative Air Monitoring at Landfills Using Optical Remote Sensing with 

Radial Plume Mapping (February 22, 2007), at 4; and AP-42 (2008), at p. 75] When oxygen 

infiltrates the waste mass from the surface at levels more than 5% (but less than 20%) in the 

landfill gas, the rules require the operator to damp down the system until oxygen levels recede 
189

below that 5% limit in order to avoid explosive conditions that can start an underground landfill 

fire. [Footnote: 40 CFR §60.753(c).]

That is to say, in order to have an effective oxidizing cover, the landfill must sacrifice significant 

collection capacity in the active gas system. How significant? The available field data using 

vertical radial plume mapping suggests almost a 300% difference. A recent study by employees 

of Waste Management at order to have an effective oxidizing cover, the landfill must sacrifice 

significant collection capacity in the active gas system. How significant? The available field data 

using vertical radial plume mapping the facilities it selected (and, which, therefore, one may

assume reflect the best case) shows that the average methane flux at landfills with a relatively 

impermeable and carefully maintained geomembrane was 0.1 g CH4/m

2

/day on average, while 

landfills with final covers akin to oxidizing covers, but no geomembrane, were 26.61 g CH4/m

2

/day on average, 266 times higher, as shown in the FIGURE from the study replicated below. 

[Footnote: Douglas Goldsmith, “Methane emissions from 20 landfill across the United States 

using vertical radial plume mapping,” Journal of the Air & Waste Management Association, 

62:183-197, at p. 195 FIGURE 12 (2012)(Goldsmith Study).] Notwithstanding oxidation’s 

enormous deficit in the real world, in the artificial universe of flawed modeling Equation HH-5 

would grossly distort the actual situation by pretending oxidizing covers were more effective.

The only technically accurate support for oxidizing or bio-covers is for closed sites, typically in 

the undeveloped world, where the installation of active gas collection is not feasible.

[See Docket Id. No. EPA-HQ-OAR-2012-0934-0107 for FIGURE]

Parenthetically, these results, it should be noted, also make a mockery of the SWICS collection 

efficiency claims that industry submitted and, without notice or opportunity for comment by

anyone else, EPA adopted. [Footnote: 40 CFR §98.346 (Table HH-3).] It is not credible for EPA 

to continue to maintain that the use of a soil-only intermediate cover only loses 21% in collection 

efficiency (i.e. from 95% to 75%) when the methane flux increases by 266×? We respectfully 

request that the issue of default gas collection efficiencies as a function of different landfill 

conditions be opened up for public comment, as it should have, but unlawfully was not, in the 

original rule promulgation in 2009.

Response: First, we agree that landfills that do not have a soil cover (i.e., only a geomembrane 

cover) will not have soil oxidation. We have clarified in Table HH-4 that the proposed oxidation 

factors apply to landfills that have a minimum of 24 inches soil cover. Owners or operators of 

landfills that have a geomembrane cover with no soil cover or a soil cover less than 12 inches in 

depth the must use OX = 0. See Section II.R.2 of the preamble to the final rule for additional 

information.

With respect to the comment that there is no effective gas collection system without a 

geomembrane seal, we do not believe this conclusion can be reached based on the information 

presented in the cited study (Goldsmith, et al., "Methane emissions from 20 landfill across the 

United States using vertical radial plume mapping,” Journal of the Air & Waste Management 

Association, 62:183-197). The article provides no real information about the landfills beyond the 

average temperature, precipitation rate, and cover type. There is no indication regarding the age 

of the landfills, the waste depth, or the presence (or coverage) of landfill gas collection systems, 
190

all of which could significantly impact the methane flux from the landfills studied. In fact, the 

only landfill that was described at all was the "closed, synthetically capped landfill covered with 

soil and vegetation with a gas collection system..." The low methane flux from this landfill can 

be attributed to the high collection efficiency of the gas collection system as expected from the 

default collection efficiencies in Table HH-3 and the expected higher oxidation factor expected 

for a soil covered landfill with low methane flux rates. Also, this landfill is closed. The timing of 

the closure is not specified, but methane flux rates are expected to decline after landfill closures. 

The studies primary focus was on validating EPA OTM-10 for use on landfills, and grouping of 

landfills based on cover type and climate type indicated that "...climate plays an important role in 

landfill methane emissions, as does cover type." The observations in the Goldsmith study appear 

to confirm the default gas collection system efficiencies (if these landfills had gas collection 

systems) and the tiered decay rate defaults based on precipitation rates included in subpart HH. 

We see no evidence from the Goldsmith study to indicate that the proposed oxidation factors are 

not appropriate.

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 8

Comment: The hearing notice and supporting documents states that the methodological support 

for the proposed rule is contained in a 2012 Addendum to an earlier report by a waste industry

group, Solid Waste Industry for Climate Solutions (SWICS)[Footnote: SWICS, Current MSW 

Industry Position and State-of-the-Practice on LFG Collection Efficiency, Methane Oxidation, 

and Carbon Sequestration in Landfills (2008).], which has not been provided in the rulemaking 

source file. The critique that follows is predicated on the assumption that the Addendum follows 

the work of Chanton. [Footnote: Jeffrey Chanton, “Landfill Methane Oxidation Across Climate 

Types in the U.S.,” Env. Sci. & Tech. 45:313-319 (2011)(Canton Study).]

Of paramount concern, of course, continues to be the controlling fact that the entire oxidation 

case ignores the reality that the minor gains claimed are dwarfed by the enormous increase in gas 

that escapes since gas collection is ineffectual without a geomembrane, as shown by Waste 

Management’s own study referred to earlier. [Footnote: Goldsmith Study.] The gains are 

relatively minor because even 35% oxidation only applies to the 5% or 25% of the gas 

generation that is not captured. The single most effective way to reduce fugitive emissions has 

nothing to do with oxidation, but with the installation of a composite cover, including a 

geomembrane, which defeats oxidation. Also, there is the problem of relying upon hothouse tests 

of a strategy that, its proponents concede, depends upon careful control of cover porosity, 

microbes and temperature, when nothing has been put forward to show that these ideal 

conditions will be achieved in the real world. Unless, that is, global warming is suggested will 

eliminate the problem of frigid winter conditions in temperate and continental climate zones.

But, putting all of that aside, the standard industry methodology for measuring oxidation, in 

those hothouse conditions that ignore those far larger losses, is also flawed. Canton estimated 

oxidation by comparing the methane concentration in the gas collected in the pipes below the 
191

surface to that in the flux chambers at the surface. But, Canton's landfill sample was weighted to 

sites that recover energy. [Footnote: Canton Study, at pp. 312 to 315.] Landfill-gas-to-energy

(LFGTE) operators actively “tune” the collection system to boost Btu values to commercially 

exploitable levels by clustering the wells at the site’s core, by dampening negative pressures 

when too much oxygen is drawn in and by rotating fields off to recover moisture. [Footnote: 

Debra Reinhart and Morton Barlaz, Landfill Gas Management: A Roadmap for EREF Directed 

Research (N.C. St. University, 2010), at p. 5.] Consequently, the methane in those pipes is 

artificially augmented to maximize the gas’s value to LFGTE in a way that will not be observed 

in an equally distributed array of flux boxes across the entire surface. That inflated denominator 

boosts the delta values that Canton observed due to factors unrelated to oxidation.

Response: As noted in our response to comment EPA-HQ-OAR-2012-0934-0107, excerpt 7, 

one cannot conclude from the Goldsmith study that landfill gas collection is ineffectual without a 

geomembrane cover. Subpart HH includes a tiered approach for landfill gas collection 

efficiencies that help to account for different collection efficiencies for different cover types. The 

fact that the oxidation fraction only impacts a potentially small portion of the generated landfill 

gas when effective landfill gas collection systems are used has little bearing to the 

appropriateness of the proposed oxidation fractions. 

With respect to the methodology used to assess the oxidation fraction, first, we reject the 

categorization that the studies were done under "hothouse conditions." Many of the studies were 

performed across different time periods to determine an average oxidation fraction; several 

studies conducted during cold temperatures yielded oxidation fractions significantly greater than 

the previous default of 0.10. It appears the discussion regarding LFGTE operators only serves to 

contradict the commenter's assertion that landfill gas collection is ineffectual without a 

geomembrane cover. Nevertheless, it is precisely the methane generated within the landfill, well 

below the surface, that needs to be measured and a properly tuned gas collection system appears 

to be precisely what is needed to make the required internal landfill gas methane measurement. 

We would have preferred to have more "full-plume" tests, which would better characterize the 

oxidation fraction over the entire landfill area, but the surface and flux chamber measurements 

are not biased provided the surface locations are randomly selected and a sufficient number of 

measurements are made. We agree that the oxidation study data are heavily weighted to landfills 

with gas collection systems, which is why we do not support the average oxidation fractions by

soil type presented in the summary table of the SWICS addendum. We note that all but one of

the average oxidation fractions by soil type presented in the summary table of the SWICS

addendum are greater than the 0.35 oxidation fraction proposed for landfills with "low flux rates" 

and all of them are higher than the 0.25 oxidation fraction proposed for landfills with "medium 

flux rates." By binning the oxidation data based on the methane flux rate (prior to any oxidation), 

we avoid the obvious bias in the average oxidation fractions as recommended in the SWICS

addendum caused by the preponderance of studies conducted at landfills with gas collection 

systems. We see no reason to revise the proposed oxidation fractions binned by methane flux 

rates based on these comments, although we agree that the use of the binned oxidation fractions 

should be limited to landfills with final soil covers over most of the landfill area that contains 

waste. See Section II.R.2 of the preamble to the final rule regarding the use of site-specific 

oxidation factors in the final rule.
192

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 9

Comment: EPA states that the degree of oxidation that can be used to calculate estimates of 

GHG emissions varies among 10%, 25% and 35%, as a function of the extent of the methane 

flux through the landfill cover. [Footnote: 78 Fed. Reg., 63 (April 2, 2013), at 19825, and 

proposed 40 CFR§98.346 (Table HH-4).]

In order to determine methane fluxes, calculations are specified, not field analysis. Those 

calculations rely upon the first order decay (FOD) model. [Footnote: Proposed 40 CFR §98.346 

(Table HH-4, footnote a, and Eq. HH-6, Eq. HH-7 and Eq. HH-8).] For the reasons detailed 

elsewhere in this Comment, the model, as it is currently employed without a variable value for k 

to reflect different conditions, is not accurate.

Because any gains from oxidation are dwarfed by the losses attendant upon a permeable cover, 

the quest to adjust for different moisture levels, and k values in FOD should be the focus instead. 

This is what we propose to correct for the fundamental flaws in the particular design of the FOD 

model currently used for MSW landfills.

Response: Direct methane flux measurements from landfills using EPA OTM-10, for example, 

is not practical because it is a relatively expensive test method and it can only be performed 

under specific conditions for selected time intervals. Therefore, we proposed to use the methane 

flux estimated from either the FOD model or the measured landfill gas recovery rates, depending 

on the equation for which OX will be used. We note that the model does have a variable value of 

k based on precipitation rates. We find no reason to revise the proposed oxidation fractions 

binned by methane flux rates based on these comments. 

22.4 Revisions to other calculations methods in Equations HH-6 through HH-8

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 19

Comment: The Agency should Remove References to "Back-up Flare or Similar Device" from 

the Definition of fDest, n.

The proposed revised definition of fDest,n for Equations HH-6 and HH-8 includes a special 

provision when gas is destroyed in a "back-up flare (or similar device)." This distinction is an 

artifact of the original rule and is no longer necessary because the proposed revisions to HH-6

and HH-8 properly account for multiple control devices regardless of the amount of time any

given control device operates during the year, or whether it is considered a primary or backup 

device. WM recommends simply deleting "is destroyed in a back-up flare (or similar device) or 

if the gas is" from the definition of fDest,n.
193

Response: We agree with the commenter. Because Equations HH-6 and HH-8 have been 

generalized to directly account for on-site back-up destruction devices, the default of fDest = 1 is 

no longer necessary for back-up flares in the definition of fDest,n. The phrase requested to be 

deleted has been removed from the definition of fDest,n in today’s final rule. 

Commenter Name: Jami Aggers, R.E.H.S., M.A., Director

Commenter Affiliation: Stanislaus County, CA., Environmental Resources Department78

Document Control Number: EPA-HQ-OAR-2012-0934-0038

Comment Excerpt Number: 9

Comment: The County supports the revision of equations HH-6 and HH-8 into summations to 

accurately reflect the use of multiple destruction devices. We also suggest that the removal of 

reference to "backup device" and elimination of the use of fDest,n for backup devices will 

eliminate additional confusion.

Response: See response to comment EPA-HQ-OAR-2012-0934-0041-A1, excerpt 19.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 11

Comment: References to "back-up" flare or "similar device" from the definition of fDest,n should 

be removed. This would simplify calculations since reporters would not need to designate backup devices.

Response: See response to comment EPA-HQ-OAR-2012-0934-0041-A1, excerpt 19. 

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 15

Comment: Republic supports the revision of equations HH-6 and HH-8 to accurately reflect the 

use of multiple destruction devices.

Response: EPA thanks the commenter for their support.

 

78 This comment was also submitted by Tetra Tech Bas (Docket Id. No. EPA-HQ-OAR-2012-0934-0086-A2).
194

Commenter Name: Angela D. Marconi, Cherry Island Landfill Gas Manager

Commenter Affiliation: Delaware Solid Waste Authority (DSWA)

Document Control Number: EPA-HQ-OAR-2012-0934-0077-A2

Comment Excerpt Number: 9

Comment: DSWA supports the revision of equations HH-6 and HH-8 into summations to 

accurately reflect the use of multiple destruction devices. These changes are consistent with 

previously issued FAQ #389. We also suggest that EPA consider complete removal of all 

references to “backup device” to further simplify the calculations. Many facilities are equipped 

with multiple destruction devices including multiple “backup” flares and beneficial use projects 

that destroy landfill gas in offsite processes. Eliminating the special case for backup devices will 

reduce confusion by eliminating the need to determine which device should be considered to be 

the backup. There are cases when backup flares may operate for more hours (or destroy more 

landfill gas) than the beneficial use project however it stands to reason that the beneficial use 

project would always be considered the “primary” project because it operates with preference 

over flaring.

Response: EPA thanks the commenter for their support. See response to comment EPA-HQOAR-2012-0934-0041-A1, excerpt 19. 

22.5 Other comments on proposed subpart HH Technical Corrections

Commenter Name: Anonymous public comment

Commenter Affiliation:

Document Control Number: EPA-HQ-OAR-2012-0934-0037

Comment Excerpt Number: 2

Comment: Footnote “a” to Table HH-4 states that the methane flux rate is the mass flow rate of 

methane per unit area at the bottom of the surface soil prior to any oxidation. What if there is no 

soil cover (i.e., only a synthetic cover is used)? Shouldn't the oxidation fraction in that case be 0?

Response: We agree with the commenter. We have clarified in Table HH-4 that the proposed 

oxidation factors apply to landfills that have a minimum of 24 inches soil cover. For landfills that 

use a geomembrane cover with no soil cover or a soil cover less than 12 inches in depth, the 

owner or operators must use OX = 0. 

Commenter Name: Anonymous public comment

Commenter Affiliation:

Document Control Number: EPA-HQ-OAR-2012-0934-0037

Comment Excerpt Number: 1
195

Comment: The proposed amendments to subpart HH include the addition of Table HH-4 with 

oxidation fractions. There is a typo in the header of the second column; should be oxidation 

fraction, not oxidation raction.

Response: Thank you for your comment. The typographical error has been corrected in these 

final amendments. 

22.6 Comments on Rule issues not proposed

Commenter Name: Michael E. Van Brunt, Director, Sustainability

Commenter Affiliation: Covanta Energy Corporation

Document Control Number: EPA-HQ-OAR-2012-0934-0082-A2

Comment Excerpt Number: 7

Comment: To ensure more complete GHG reporting, biogenic CO2 emissions resulting from 

the combustion of landfill gas in a flare must be included in the reporting program. Since landfill 

operators are already required to report the total volumetric flow of landfill gas collected for 

destruction for the reporting year in accordance with 40 CFFR 98.346(i)(1), the reporting of 

biogenic CO2 emissions from the combustion of landfill gas does not impose an additional 

burden on landfill operators, but it does result in more complete reporting. Reporting of biogenic 

emissions associated with the combustion of landfill gas combusted for energy recovery in an 

engine or turbine is already mandatory. It is then reasonable to require the reporting of biogenic 

CO2 emissions from the combustion of landfill gas with no beneficial use.

Response: This comment raises an issue that was not opened in the proposed amendments, and 

therefore, is out of scope for this final rule. 

Commenter Name: Donna M. Christensen,

Commenter Affiliation: House of Representatives

Document Control Number: EPA-HQ-OAR-2012-0934-0048-A2

Comment Excerpt Number: 1

Comment: While the EPA is proposing several changes to its Greenhouse Gas Reporting Rule 

(the Rule), we ask that it also revisit the calculation of methane emissions from landfills. New 

information has become available regarding methane emissions from municipal solid waste 

landfills which indicates that the agency's current approach could be at risk of significantly

underestimating landfill methane emissions.

In 2012, U.S. EPA's own Office of Research and Development released a report titled 

Quantifying Methane Abatement Efficiency at Three Municipal Solid Waste Landfills after a 

multi-site two-year study of methane emissions using state-of-the-art measurement technology. 

Last month, the Journal of Geophysical Research: Atmospheres released a study by a team of 

NOAA and university scientists which presented landfill methane emissions based on direct 

measurement of methane and other gases in the Las Angeles basin. The study validated an 
196

approach taken by the California Air Resources Board (CARB) to calculate landfill methane 

emissions, an approach significantly different than the one used in the Rule.

An accurate accounting of GHG emissions is vital, particularly for methane. Methane is a potent 

greenhouse gas. In 2009, NASA Goddard Institute and Columbia University scientists estimated 

methane to be 34 times stronger than CO2 over 100 years. Over shorter time period (i.e. 20-

years), increasingly the focus of United Nations Environmental Programme and U.S. State 

Department efforts, methane is over 70 times more potent than CO2. In light of methane's 

potency, we applaud the U.S. EPA's proposal to update the Rule with the most recent methane 

global warming potential from the latest Intergovernmental Panel on Climate Change (IPCC) 

Assessment Report.

This action is an important step in the right direction. However, we urge the EPA to revisit the 

calculation of landfill methane emissions, considering the latest published research, including 

that of its own researchers. Failure to use the latest and best science impedes the ability of 

Congress to take the appropriate policy steps to most effectively reduce GHG emissions.

Response: See response to comment EPA-HQ-OAR-2012-0934-0082-A2, Excerpt 6 in Section 

22.3 of this document.

Commenter Name: Robert E. Cleaves, President and Chief Executive Officer (CEO)

Commenter Affiliation: Biomass Power Association (BPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0055-A2

Comment Excerpt Number: 1

Comment: The value of biomass to electricity rests, in part, on the environmental benefits we

create by avoiding GHG emissions through energy conversion. If EPA fails to properly account 

for landfill emissions, it also fails to fully evaluate the environmental "externality" of not relying 

upon biomass to electricity and underestimates the environmental harm of landfilling over 

energy conversion through combustion.

In 2012, U.S. EPA's own Office of Research and Development released a report titled 

Quantifying Methane Abatement Efficiency at Three Municipal Solid Waste Landfills after a 

multi-site two-year study of methane emissions using state-of-the-art measurement technology. 

Last month, the Journal of Geophysical Research: Atmospheres released a study by a team of 

NOAA and university scientists which presented landfill methane emissions based on direct 

measurement of methane and other gases in the Las Angeles basin. The study validated an 

approach taken by the California Air Resources Board (CARE) to calculate landfill methane

emissions, an approach significantly different than the one used in the Rule.

To reiterate, an accurate accounting of GHG emissions is important, particularly for methane. 

Methane is a potent greenhouse gas, the release of which is avoided through energy conversion 

in biomass boilers. EPA's consideration of this issue is particularly timely given the Agency's 

current rulemaking with respect to the regulation of biogenic emissions. The carbon lifecycle 

analysis of biomass combustion necessarily includes avoided GHG emissions that would 
197

otherwise occur if the material were landfilled. If the Agency fails to understand the magnitude 

of those emissions, it will also fail to properly evaluate the benefit of biogenic energy.

Response: See response to comment EPA-HQ-OAR-2012-0934-0082-A2, Excerpt 6 in Section 

22.3 of this document.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)79

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 20

Comment: The Agency Should Clarify the Rule with a Technical Correction to the Bulk MSW

DOC Value in Table HH-1.

Earlier this year, EPA released a helpful Frequently Asked Question (FAQ) and response that 

clarified reporter’s ability to use a more precise approach for choosing appropriate DOC value 

for various types of waste streams disposed at the facility in addition to bulk MSW (FAQ 744). 

The Agency clarified that sites that receive separate inert waste shipments, may use the

appropriate DOC value for those waste streams listed in Table HH-1 under the "Waste 

composition option." At the same time, reporters may select the appropriate DOC value for bulk 

waste (0.2) found under the "Bulk waste option" section of Table HH-1 for shipments of bulk 

MSW. 

We agree with the interpretation presented by this FAQ and request that the EPA formalize this 

FAQ response by adding the bulk waste DOC value of 0.2 to the list of various wastes under the 

"Waste composition option" section of the Table HH-1.

Response: This provision is already explicitly provided for in §98.343(a)(2) and we do not see 

the need to include the bulk MSW parameters under the “Waste composition option” section of 

Table HH-1. Furthermore, this comment concerns an issue that was not opened by the proposed 

amendments and is out of the scope of this final rule.

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)80

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 13

 

79 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).

80 This comment was also submitted by Stanislaus County, CA., Environmental Resources Department

(Docket Id. No EPA-HQ-OAR-2012-0934-0038) and Tetra Tech Bas (Docket Id. No. EPA-HQ-OAR-2012-0934-

0086-A2).
198

Comment: EPA should clarify the GHG MRR with a technical correction to the bulk MSW 

DOC value in Table HH-1, consistent with a Frequently Asked Question (FAQ 744) response. 

This response clarified that sites that received separate inert waste shipments may use 

appropriate DOC values for those waste streams listed in Table HH-1 under the "Waste 

composition option." The response further suggests that reporters may also select the appropriate 

DOC value for bulk waste (0.2) found under the "Bulk waste option" section of Table HH-1 for 

shipments of bulk MSW. This value should formally be added to Table HH-1.

Response: See response to comment EPA-HQ-OAR-2012-0934-0041-A1, Excerpt 20.

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 6

Comment: We state our objection to the process followed here by EPA. There has been a

consistent pattern that this case illuminates in the agency’s regulation of MSW landfills for how 

it selects issues to elevate for a decision. It concurs in major industry requests, and ignores more 

substantive citizen or other industry requests (or places them on a circuitous track with an 

uncertain destination).

EPA relies exclusively on the landfill industry’s submittals, instead of independently evaluating 

the issue based upon a full spectrum of considerations, and without involving other stakeholders, 

including waste-to-energy, conversion technology, anaerobic digestion, recycling, composting, 

as well as citizens.

In some cases, such as the tiered gas capture rate by cover type, this was done completely outside 

the public review process, without notice and without any opportunity for anyone else to 

comment before the final decision was made, even to the extent of denying rehearing to provide 

an after-the-fact opportunity for comment. [Footnote: 40 CFR §98.346 (Table HH-3).] [Footnote: 

In the Matter of Mandatory Reporting of Greenhouse Gases–Final Rule for 40 EPA-HQ-OAR2008-0508 CFR Parts 86, 87, 89, 90, 94, 98, 1033, 1039, 1042, 1045, 1048, 1051, 1054, 1065, 

Petition for Reconsideration (December 29, 2009).]

At other times, such as here with regard to oxidation, the industry requested changes are 

developed and completed in final draft form in sole reliance on the industry’s submittals without 

any public involvement, the opportunity for which is only provided after the agency has 

committed to the approach. In either case, the process reflects a disturbing case of regulator 

capture that would appear to be fundamentally inconsistent with an agency’s capacity to rely on 

sound science or achieve the climate objectives that have been announced by the Administration. 

[Footnote: President Obama 2013 State of the Union message to Congress]. Surprisingly, based 

upon personal experience, there were significantly more and extensive efforts to involve the 

public on an equal footing to the industry under the Bush Administration than there have been 

under this Administration.
199

Response: We thank you for your comment. We make every attempt to involve stakeholders 

throughout the regulatory development process. When industry representatives requested 

monthly rather than weekly monitoring for methane concentrations, we made a detailed data 

request to the industry representatives to provide the weekly measurement data for all landfills 

with gas collection systems required to be collected under subpart HH (but for which reporting 

was deferred). Thus, while industry provided the data, the data, including the test methods, had 

to be collected based on the procedures specified by EPA. Once received, the Agency conducted 

their own independent analysis of the data, which was different than the data analyses originally 

used by industry representatives when recommending monthly monitoring. Similarly, we 

conducted an independent analysis of the test methods used to determine the oxidation fraction. 

Based on our analysis, the fractional isotope methodology provides an accurate method by which 

to determine the oxidation fraction. We received comments during the original April 2009 

proposal that the oxidation fraction of 0.10 was too low. We rejected laboratory studies and 

indicated that the field studies, while varied, did not support a higher oxidation fraction, but that 

we would re-evaluate the default oxidation fraction when more field study data were available. 

Once additional field data were available, we conducted our own independent review and 

analysis of the data. We rejected the "average oxidation fraction by soil type" approach because 

most of the landfills studied had gas collection systems and, subsequently, lower methane flux 

rates than typical landfills without a gas collection system. We specifically proposed the binned 

oxidation approach to solicit input from the public. The Agency is not "committed to the 

approach" and could, based on comments and data submitted by the public, elect to finalize a 

different approach, as was the case of a tiered gas collection efficiency where public comment 

clearly indicated that a fixed 75 percent gas collection efficiency regardless of cover type or 

coverage of the gas collection system was clearly not the best approach for estimating landfillspecific emissions. We are happy to evaluate and respond to any and all public comments.

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 10

Comment: On September 24, 2010, CCWI informed EPA of a significant technical error in 

Subpart HH of the GHG Reporting Rule, which had been published in 2009. We pointed out that 

the rule’s default value for the annual decay rate (“k”), which is used in modeling emissions 

from landfills that recirculate leachate, was incorrect. [Footnote: E-mail from Peter Anderson 

(CCWI) to Paul Gunning (EPA), re GHG Report Rule Subpart HH, dated September 24, 2010.]

As background to understand these issues, the phrase “recirculating landfills” is a landfill that, 

except for one technique, engages in strategies to increase moisture as a means of accelerating 

decomposition. In addition to circulating leachate over and over, recirculating landfills delay

installation of the final composite cover so that precipitation can continue to infiltrate the wastes 

long after the cell reaches final grade, as well as re-grade the covers of adjoining cells to capture 

their runoff. Recirculating landfills do not, however, add outside liquids. Landfills that do are 

known as “bioreactors,”[Footnote: Debra Reinhart, Landfill Bioreactor Design & Operation 
200

(Lewis Publishers, 1998).] and require special research permits. [Footnote: 40 CFR §258.28 

prohibits adding outside liquids to M SW landfills, which is the regulatory impediment to 

widespread adoption of bioreactors, which do add outside liquids in addition to recirculate 

leachate. 40 CFR 258.4 authorizes exceptions from that prohibition for bioreactor landfills that 

comply with various research requirements.]

The key point is that, on the one hand, recirculating landfills are distinct from bioreactors, and, 

on the other, they generate currently substantially more landfill gas than dry tomb landfills. This 

is because a precondition for anaerobic decomposition, of which gas generation is a byproduct, is 

moisture levels in excess of 60%. Incoming wastes only contain, on average, 20% to 25% 

moisture. [Footnote: George Tchobanoglous, Integrated Solid Waste Management: Engineering 

Principles and Management Issues (McGraw-Hill, 1993), at p. 393. Others suggest that optimal 

range lies between 40% - 70%. Debra Reinhart, Landfill Bioreactor Design & Operation (Lewis 

Publishers, 1998), at p. 140.]

Others have done research suggesting full methane conversion does not proceed until moisture 

reaches 60%-70%. G. J. Farquhar, "Gas Production During Refuse Decomposition." 2 Water, Air 

and Soil Pollution 9, at pp. 483-495 (1973). See, also, 67 FED. REG. 346462 (May 23, 2002).

Due to the heterogeneity of wastes buried in landfills, good field data is hard to find that 

quantifies how much additional moisture is found in recirculating vs. dry tomb landfills. 

However, subsidence, which is a reasonable proxy, has been found to be more than twice as 

much in recirculating landfills compared to dry tomb landfills. [Footnote: Debra Reinhart, “The 

Impact of Leachate Recirculation on MSW Landfill Operating Characteristics,” 14 Waste Mgt & 

Res. 337 (1996), at 344.]

The decay rate that the rule provides for recirculating landfills is k=0.057. [Footnote: 40 CFR 

§98.346 (Table HH-1).] There are two fatal problems with using a k value that low. First, the 

rule indicates that k=0.057 is also to be used for dry tomb landfills in areas with 40 inches or 

more of annual precipitation, but was not calculated to be, and was never intended to reflect, the 

significantly greater moisture levels inside landfills that recirculate leachate, and, in 

consequence, experience twice the subsidence and presumably twice the gas generation. 

[Footnote: EPA’s source of the k=0.057 value is Solid Waste Association of North America, 

“Comparison of Models for Predicting Landfill Methane Recovery,” Publication No. GR-LG 

0075 (1998), whose scope was limited to dry tomb landfills.]

Response: This comment addresses sections of the rule that were not opened by the proposed 

amendments and are out of the scope of this final rule. While we will consider these comments, 

any revisions to the decay rate values used in subpart HH, if deemed appropriate, will have to be 

made in a separate rulemaking to allow for public notice and comment. 

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 11
201

Comment: The agency’s own hornbook for input values to the first order decay model, AP-42, 

specifically states that the k value for landfills that recirculate leachate, which it abbreviates as 

“wet landfills,” is 0.3, or 5.3× greater. [Footnote: EPA, Background Information Document for 

Updating AP42 Section 2.4 for Estimating Emissions from Municipal Solid Waste Landfills 

(2008)(AP-42 Background), at p. 5. See, also, Reinhart, First Order Kinetic Gas Generation 

Model Parameters for Wet Landfills (EPA-600/R-05/072)(June 2005).] Elsewhere, EPA has 

emphasized the critical importance of maintaining consistency among other offices in the 

agency, such as with the GHG Inventory. [Footnote: 78 FED REG. 63 (April 2, 2013), at 19808.] 

It is odd that EPA is indifferent to such a very large inconsistency here in regard to its own rule 

book, AP-42.

Unlike most other sources of GHGs, emissions from MSW landfills are indirect sources that are 

not measured. Instead emissions are estimated with an equation, called the first order decay 

(FOD) model, one of whose key input variables is the value for k. Current gas generation 

calculated with the model are 3.1× greater for k=0.3 than for k=.057, when using L =100 

m3/MT, for total gas potential.

The internal email traffic among EPA staff that we received in response to our Freedom of 

Information Act requests indicate that, first, nothing was done to correct this fundamentally

incorrect value, which understates emissions in recirculating landfills by three times. [Footnote: 

E-mail from Dana Hyland (EPA) to Peter Anderson (CCWI), re: EPA-HQ-2013-005296, dated 

April 29, 2013.] Then, an effort was begun to conduct a survey of bioreactor landfills, even 

though, the issue was how estimate GHG emissions from leachate recirculating landfill, which 

do not add outside liquids, and had nothing to do with bioreactors. For there are very few 

bioreactors due to the increased regulatory requirements, the marginal gain in accelerating 

decomposition and the greater risks to site stability with elevated moisture levels. [Footnote: 40 

CFR §258.4; Morton Barlaz, “Performance of North American Bioreactor Landfills. II. 

Chemical and Biological Characteristics,” J. Env. Eng. (August 2010); and R. C. Bachus,

“Bioreactor Landfill Stability: Key Considerations,” MSW Management (September/October 

2004), at p. 82.]

On the other hand, the increasingly predominant practice among large landfills today is leachate 

recirculation. [Footnote: EPA, Mandatory Greenhouse Gas Reporting Rule: EPA's Response to 

Public Comments, Volume No.: 36, Subpart HH— Landfills (2009), at p. 72.] Finally, the 

agency spent months discussing whether “wet landfills” in AP-42 only applied to bioreactors.

AP-42 made clear that the recommended k=0.3 value was for wet landfills, which included 

primarily leachate recirculating landfills as well as bioreactors:

“Due to the increase in the use of leachate recirculation, a gas production rate to 

characterize emissions from wet landfills has been added.” [Footnote: AP-42 

Background, at p. iii.]

“There has been an increase in the occurrence of landfills that recirculate leachate to 

accelerate waste decomposition. An additional ‘k’ was added for use in the first- order 

equation to account for the increase in gas production from wet landfills. This was 

derived from a study that evaluated data from 29 wet landfills (Reinhart, 2005). For the 
202

purpose of AP-42, wet landfills are defined as landfills which add large amounts of liquid 

to the waste from recycled landfill leachate, condensate from LFG collection, and other 

sources of water such as treated wastewater.” [Footnote: AP-42 Background, at p. 2.]

Finally, EPA temporized because of a concern that the AP-42 value might be too high for 

recirculating landfills because it included some consideration of bioreactor landfills. But, one of 

the studies that EPA relied upon specifically found that bioreactors do not generate appreciably 

more gas than leachate recirculating landfill without outside liquids:

“There is no indication that gas collection increases appreciably when the water content 

reaches 40%.” [Footnote: Morton Barlaz, “Performance of North American Bioreactor 

Landfills. II, Chemical and Biological Characteristics,” J. Env. Eng. (August 2010), at p. 

839, included as part of EPA Response to CCWI FOIA Request (October 25, 2012).]

EPA defines bioreactors as landfills with more than that 40% moisture level. [Footnote: EPA, 

Example Moisture Mass Balance Calculations for Bioreactor Landfills (EPA-456/R-03-007, 

December 2003), at p. 2.]

We are not oblivious to the fact that EPA may be recalcitrant to using the correct value for k 

because tripling reported emissions from recirculating landfills would make manifest the 

carefully worded warnings from the agency’s own research division, and which even Waste 

Management’s own Goldsmith Study confirms. That is, functional gas capture cannot be 

achieved at these facilities:

“Alternative covers or porous materials are used to promote infiltration which results in 

larger loss of fugitive emissions.” [Footnote: Susan Thornloe (EPA/NRMRL), 

“Innovative Air Monitoring at Landfills Using Optical Remote Sensing with Radial 

Plume Mapping” (February 22, 2007), at 4.]

Indeed, the same conclusion follows for landfills with LFGTE, because sites that recover energy

also recirculate leachate in order to boost the otherwise low Btu value of landfill gas.

Response: First, we note that the k value of 0.3 appears in a DRAFT version of AP-42 and this 

k value cannot be considered “EPA’s own hornbook” value until such time as the AP-42 chapter 

is finalized. Second, the k values used in the GHGRP are consistent with the values developed 

for the U.S. Emissions Inventory of U.S. Greenhouse Gas Emissions and Sinks and consistent 

with k values recommended for bulk MSW in the 2006 IPCC Guidelines. There appears to be 

some confusion with the semantics of “wet landfill.” The term wet landfill is not used in subpart 

HH. Subpart HH defines three climactic conditions based on precipitation and recirculation rates. 

While some may refer to landfills in moist climates as wet landfills, there is a distinction 

between what is considered a wet landfill as described in the draft AP-42 section and a landfill in 

a “wet climactic region” as indicated by greater than 40 inches of precipitation. Finally, we note

that this comment addresses sections of the rule that were not opened by the proposed 

amendments and are out of the scope of this final rule. While we will consider these comments, 

any revisions to the decay rate values used in subpart HH, if deemed appropriate, will have to be 

made in a separate amendatory package to allow for public notice and comment. 
203

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 12

Comment: Again, and as noted earlier here and in regard to the original rule, there are no actual 

measurements of GHG emissions from landfills. Instead, modeling is used in the Mandatory

Reporting of GHG Emissions in order to estimate what those emissions from MSW landfills are 

assumed to be. That is, the first order decay model, which has no validity in relation to landfills 

unless it adjusted to provide for a variable, instead of a fixed, value for k. Of note, more recently, 

even one of the strongest advocates of FOD modeling, Dr. Jean Bogner, has repudiated the 

exercise. [Footnote: Jean Bogner, California Landfill Methane Inventory Model Users Guide, at 

p. 2.]

As part of our comments on the original rule, we made that same point, and incorporate them 

here as if set forth in full. [Footnote: EPA, Mandatory Greenhouse Gas Reporting Rule: EPA's 

Response to Public Comments, Volume No.: 36, Subpart HH— Landfills (2009), at p. 65.]

[Original rule comments are available at: 

http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=EPA-HQ-OAR-2008-0508-

0331;fp=true;ns=true]

In response to those comments, EPA stated that:

(1) “[S]tatistical analysis of the data available from landfills with gas collection systems 

where methane composition and flow were measured provide a strong basis for the use of 

the first order decay model and the proposed input parameters.”

(2) “While the commenter criticizes the use of the first order decay model, the commenter 

does not provide any workable alternative.”

[Footnote: Id., at p. 72. The response also stated that “the commenter appears focused on 

landfills that have geomembrane covers. While the degradation aspects for "dry tomb" waste 

disposal may be very different from those with soil or clay covers, we do not anticipate that these 

landfills will be in the majority. We do request information on soil cover type and leachate 

recirculation in the final rule to better understand the prevalence of these practices." Id., at p. 72. 

CCWI concurs that recirculating landfills are becoming dominant on a waste-weighted basis, 

and, to the contrary, is focused on them, not dry tomb landfills, where the predominant fraction 

of GHG’s are coming from. Id. There was and is not confusion on CCWI’s part.]

In fact, the FOD model cannot be statistically validated for MSW landfills, and there are 

workable adjustments to correct for the flaws in the current form of the FOD model were EPA to 

provide the same commitment to this vital task as it has to the industry’s peripheral oxidation 

matter.
204

Attempts to statistically support FOD models was based upon a putative statistical test that used 

regression equations of a sample that purported to show its predictions were a good fit. The 

regression analysis prepared for EPA by Peer was intended to validate the FOD model’s 

applicability to the approximately 2,000 MSW landfills in the United States, but it failed to do 

so. [Footnote: R. L. Peer, et al., “A comparison of methods for estimating global methane 

emissions from landfills,” 26 CHEMOSPHERE 387 (1993).] The Peer study used too small a 

sample of only 21 landfills, or only 1% of the population, which is too few degrees of freedom 

for statistical significance. Also, none of those selected for the sample were chosen randomly, 

which removes the normal distribution essential for regression equations to estimate a 

population.

Furthermore, not only was the selection process not random, it was also chosen with a specific 

bias that has the effect of significantly skewing results to appear to show high capture rates. This 

was done by limiting the sample to landfills with energy recovery. These facilities typically 

recirculate leachate, which accelerates decomposition and gas generation, in order to boost the 

profitability of electricity sales. [Footnote: Debra Reinhart, First Order Kinetic Gas Generation 

Model Parameters for Wet Landfills (EPA-600/R-05/072)(June 2005), at p. 2-2.] That has been 

shown to increase near term gas generation very significantly, while only moderately increasing 

the volume of gas captured. [Footnote: Contrast: Pat Sullivan and Alexander Stege, “An 

Evaluation of Air and Greenhouse Gas Emissions and M ethane-Recovery Potential from 

Bioreactor Landfills,” MSW Management (Sept 2000), at p. 78, states that bioreactor landfills 

increase near term gas capture per ton of waste-in-place by 76%; with 67 FED REG 36463 and 

36465 (May 22, 2002): bioreactors increase gas generation in the near term by 2 to 10×.]

Since the model is blind to the fact that gas generation was augmented, the uptick in gas 

collected makes it seem appear that capture rates have significantly improved, even though they 

most probably have significantly declined.

Moreover, in addition to all those limitations, circular reasoning was used in performing the 

model’s attempt at a statistical validation. In an attempt to assess the reasonableness of the 

model’s estimates of Gas Generation, Eq. (1) is used to provide a putative independent estimate:

Gas Captured = Gas Generated x Gas Capture Rate (1)

Solving Eq. (1) for Gas Generated is Eq. (2):

Gas Generated = Gas Captured/Gas Capture Rate (2)

But, since only one of the two independent variables is known, this exercise rests on a house of 

cards. For the Gas Capture Rate is also unknown and an unsupported guesstimate is used, 

defeating the attempt to provide a solid foundation for the calculation. Thus, to solve the 

equation for Gas Generation, the study just assumed that Gas Capture Rate was 75% at all times 

during a landfill’s life. Recalling that one of the purposes of the entire exercise was to establish a 

factual basis for assuming 75% capture rates in the first place, this led to a circular exercise with 

no statistical value. As a tautological statement, it establishes nothing about Gas Capture Rates 

anymore than it does about Gas Generation.
205

Finally, in view of the fact that moisture, which is a limiting condition for decomposition landfill 

decay behavior obviously reflects complex interactions, which are especially difficult to model 

in a heterogeneous waste mass that goes through multiple phases some of which when 

prerequisite moisture levels are absent. The reason given to justify the paucity of other 

explanatory variables in the model to explain that complex environment, such as critical internal 

moisture levels, is that the excluded variables had statistically insignificant estimated coefficients 

in earlier versions of the regressions.

But, the problem of statistically insignificant coefficient estimates arises for many reasons other 

than the claimed lack of importance. One of the reasons for insignificant coefficients is a small 

sample size that leads to limited degrees of freedom, which is evident in the study. Other 

problems include poorly formulated equations, data measurement errors, and inappropriate error 

term distribution specifications and related estimation procedures. Each of these problems exist.

This points towards an unreliable and questionable estimation process known as data mining or 

fishing, and not to the lack of importance of things, such as moisture, needed for a valid model. 

With these fishing procedures, various fuller models are formulated and discarded, not because 

they are not well formed or include inappropriate variables, but because the analysts did not want 

to confront the substantial complexities or consequences that more complete modeling would 

entail.

The exclusion of variables merely on the basis of low levels of estimated coefficient significance 

is not statistically justified, as shown by the irrational scattergun outputs it produces. For, if the 

excluded data are truly relevant, their exclusion leads to estimation bias and unreliable results. 

Coefficient significance is not an appropriate means for deleting variables from a regression 

model. Appropriate tests exist for testing overall significance of a set of variables – e.g. 

maximum likelihood ratio tests. The Peer paper does not show that these forms of significance 

testing were performed.

Due to all of the deficiencies discussed above, the results of the regression analyses cannot be 

relied upon to provide credible annual methane production quantities, anymore than the putative 

validation of the FOD model can corroborate that the model conforms to statistical norms. In

addition to all of the problems discussed above, the low levels of R2s in the Peer study (one 

measure of the explanatory power of estimated regression equations) do not support a conclusion 

that the regression analyses provide reliable results.

Response: See our response to comment EPA-HQ-OAR-2012-0934-0107, Excerpt 13. 

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 13

Comment: For those who find statistical discussions obscure, the uselessness of the current 

state of FOD modeling for the estimation of landfill emissions, there is a more straightforward 
206

proof. That is the number of studies that have tested the model by noting the gas captured at a 

large sample of landfills, calculating the gas capture rate using the following equation.

Capture Rate = Gas Generated/Gas Captured (3)

A published paper that performed a random verification of related modeling of California 

landfills found a dispersion of 25 major landfills of predicted compared to actual values for gas 

collection efficiency, which ranged from 7% to 100%, which suggests an R2 value of only 0.7. 

[Footnote: Nickolas Themelis, “Methane generation in landfills,” Renewable Energy 32 (2007), 

1243, at 1250.]

A more recent unpublished survey of 30 California landfills by the California Air Resources 

Board, reproduced in TABLE 1 below, found implied gas collection efficiency from gas 

generation estimated with first order equations ranged from 6% to 225% captured, which is an 

exceedingly impressive engineering feat. [Footnote: California Air Resources Board, Staff 

Spreadsheet Titled Landfill Survey Data Public (2010).]

TABLE 1

California Integrated Waste Management Board Implied Gas Capture Rate at 46 Landfills 

When Comparing Gas Captured with Estimates of Gas Generated from First Order Decay 

Model

Landfill Survey Response Data Survey CH4 Captured/Model CH4 Generation(%)

Landfill

2006WIP

(%)

Avg. CH4

(%)

2000 2001 2002 2003 2004 2005 2006

1 9.4% 35% 109% 120% 107% 108% 112% 140% 140%

2 3.7% 46% 87% 108% 114% 109% 107% 135% 130%

3 3.2% 52% 61% 63% 73% 68% 52% 51% 83%

4 3.0% 39% 63% 73% 66% 79% 76% 90% 87%

5 2.7% 36% 91% 91% 91% 91% 84% 98% 92%

6 2.3% 34% 121% 121% 121% 121% 121% 121% 121%

7 2.2% 42% 99% 105% 109% 111% 105% 107% 104%

8 2.2% 14% 6% 5% 4% 6% 5% 6% 6%

9 1.9% 16% 66% 65% 65% 57% 59% 76% 76%

10 1.8% 25% 125% 113% 100% 97% 112% 124% 124%

11 1.8% 50% 64% 69% 71% 69% 66% 63% 63%

12 1.8% 42% 127% 127% 127% 127% 127% 146% 117%

13 1.4% 32% 121% 137% 128% 123% 119% 126% 126%

14 1.3% 49% 124% 119% 105% 102% 102% 76% 72%

15 1.3% 50% 59% 51% 41% 54% 54% 54% 54%

16 1.3% 43% 351% 261% 231% 226% 172% 166% 165%

17 1.2% 40% 45% 45% 45% 45% 53% 46% 44%

18 1.1% 39% 118% 118% 118% 118% 133% 118% 109%

19 1.1% 47% 78% 54% 96% 103% 90% 90% 116%

20 1.1% 44% 64% 63% 65% 40% 51% 39% 37%
207

TABLE 1

California Integrated Waste Management Board Implied Gas Capture Rate at 46 Landfills 

When Comparing Gas Captured with Estimates of Gas Generated from First Order Decay 

Model

Landfill Survey Response Data Survey CH4 Captured/Model CH4 Generation(%)

Landfill

2006WIP

(%)

Avg. CH4

(%)

2000 2001 2002 2003 2004 2005 2006

21 0.8% 51% 89% 90% 103% 82% 81% 83% 108%

22 0.7% 50% 74% 73% 76% 88% 75% 94% 121%

23 0.6% 48% 152% 180% 140% 109% 104% 96% 91%

24 0.5% 48% 28% 35% 42% 50% 62% 70% 64%

25 0.4% 59% 57% 57% 57% 57% 57% 57% 57%

26 0.4% 29% 22% 22% 20% 21% 21% 25% 21%

27 0.4% 48% 23% 23% 23% 23% 15% 21% 34%

28 0.3% 38% 20% 26% 23% 21% 19% 14% 16%

29 0.3% 40% 111% 111% 116% 102% 114% 99% 98%

30 0.3% 43% 104% 104% 104% 104% 104% 93% 114%

31 0.3% 37% 29% 29% 29% 30% 33% 28% 25%

32 0.2% 42% 31% 31% 31% 31% 31% 28% 34%

33 0.2% 41% 22% 22% 19% 20% 21% 24% 30%

34 0.2% 48% 103% 85% 80% 91% 124% 123% 135%

35 0.2% 17% 6% 6% 5% 6% 6% 6% 6%

36 0.1% 48% 78% 78% 78% 102% 74% 66% 79%

37 0.1% 32% 35% 40% 38% 54% 62% 62% 50%

38 0.1% 33% 38% 17% 20% 16% 17% 27% 23%

39 0.1% 38% 257% 257% 341% 234% 234% 216% 257%

40 0.1% 37% 44% 38% 33% 18% 33% 33% 33%

41 0.0% 45% 76% 76% 76% 85% 78% 65% 76%

42 0.0% 37% 69% 66% 63% 59% 56% 52% 49%

43 0.0% 30% 46% 41% 37% 32% 27% 23% 19%

44 0.0% 27% 165% 161% 157% 138% 137% 138% 126%

45 0.0% 31% 38% 38% 38% 38% 38% 22% 47%

46 0.0% 30% 18% 17% 14% 14% 14% 14% 10%

Similarly, Wisconsin did a comparison of actual gas collected to estimate gas generation in the 

State’s landfills and found the same exceedingly wide and irrational outputs for imputed 

collection efficiency found in California’s study. [Footnote: On-line at: 

http://dnr.wi.gov/topic/Landfills/emissions.html.]

Response: We recognize that there are many the uncertainties in the FOD model, particularly 

the use of a nationwide average DOC value, to estimate methane generation rates for specific 

landfills. Differences in waste compositions from landfill to landfill are expected to cause 
208

differences in the methane generation rates on the order of those seen here. This is precisely why

subpart HH requires both a forward calculation of methane generation using Equation HH-1 and 

HH-5 and a backward calculation method (Equation HH-7). We continue to maintain that the 

FOD model is reasonably accurate and that it is used and accepted worldwide for developing 

methane emission estimates for landfills. As noted in our response to comment EPA-HQ-OAR2012-0934-0082-A2, Excerpt 6 in Section 22.3 of this document, the NOAA study using 

atmospheric measurements of methane concentrations indicated that the California emissions 

inventory for landfills, which is based on the use of the FOD model, was accurate. There are no 

changes to the rule as a result of this comment. 

Commenter Name: Peter Anderson, Executive Director

Commenter Affiliation: Center for a Competitive Waste Industry

Document Control Number: EPA-HQ-OAR-2012-0934-0107

Comment Excerpt Number: 14

Comment: The fact that the current FOD model has critical flaws that preclude its applicability

to MSW landfills does not mean that there are no workable alternatives.

Correcting for those errors first requires developing reasonable estimates for the value of k under 

the different conditions of a landfills life when operated as a dry or a wet facility. Second, the 

model needs to be run in each year with the correct k value for the conditions that exist in that 

year (open/closed, type of cover, recirculation, local precipitation, etc.). Thus, when EPA copied 

the SWICS cover-based capture rates, in addition to using made up values, it ignored the key

fact. While it is true that gas collection is substantially higher after a geomembrane is installed, 

gas generation quickly tapers off at that time. Most gas is generated before and afterwards when 

there is no effective cover and gas capture is, according to the industry’s own study, 300% 

worse.

CCWI would welcome discussions with EPA to bring together a small team to accomplish the 

changes in the model to account for this “Double Dutch” jump ropes effect. EPA has done as 

much for the waste industry, as in the case of oxidation factors, and it could do the same for 

others without their sort of financial interest in the outcome that distorts the results.

In passing, optical scanning does provide useful comparative information about emissions among 

different landfill conditions. However, it is not yet useful for estimating landfill GHG emissions. 

In terms of its essential construct, and as discussed earlier, more than half of the degradable 

carbon remains in dry tomb landfills, and probably also close to that with recirculating landfills, 

when the site is closed. [Footnote: P. M. Czepiel, “Quantifying the effect of oxidation on landfill 

methane emissions,” Journal of Geophysical Research (July, 20, 1996)., at p. 16,720.] That 

carbon can be expected to decompose, and generate gas that will be released, following the 30 

year post closure period and the financial assurances are exhausted [Footnote: 40 CFR Part 258, 

Subparts F and G.] None of that is measured by optical scanning’s basic construct.

The methodology also has other technical problems that make its results at this time still too 

subjective and variable to be reliable for current emissions, notwithstanding EPA’s attempt in 
209

2006, referred to as OTM-10, to standardize optical scanning. [Footnote: EPA, Optical Remote 

Sensing for Emission Characterization from Non-Point Sources (2006) (OTM -10).] For 

example:

Upwind. Chief among the problems that eludes precise measurement of methane 

concentrations in the scanned vertical plane is the fact that gases in the atmosphere 

upwind of that plane mix with it. If those upwind gases that cross the plane are not 

accounted for and subtracted from the observed fluxes in that plane, the results will be 

erroneous. To distinguish the two requires first defining the boundaries of the 

contributing area, which defies clear delineation, and choosing from among the two 

published models to measure the upwind contribution, which are predicated on general 

regression equations derived from controlled releases of tracer gases or from computer 

simulations. The fact that the two produce different results raises a question about the 

validity of one or both of the estimation methodologies. Also, to different degrees, both 

models are predicated upon a simplified assumption of contributory winds crossing a flat 

surface, which usually does not describe the more complex and irregular landfill terrain 

being scanned in most cases.

Weather variability. Unless observations are limited to days when there is no wind, which 

would be a costly constraint and logistical nightmare, shifting wind speed and direction, a 

near constant at the top of many landfills hundreds of feet above grade, make conducting 

reliable observations considerably more challenging and subjective, even with a four 

plane configuration of the optical scanners.

Impromptu adjustments. In the field, with landfills’ vast expanses, irregular terrain, high 

reaches and shifting winds, there is no single uniform protocol to manage all 

contingencies that confront the researcher, and he or she is required to make any number 

of subjective adjustments and compromises not set forth in OTM-10 in order to complete 

the necessary tasks.

Inconsistent parameters. As previously noted, some researchers choose, or more likely

are required by their host, to ignore the working face, while some, but not others, 

maintain that side slope measurements cannot be done. Yet, the working face is where 

most of the gas escapes from before closure, and afterwards, more is released off the side 

slopes. After the site is covered, there is a strong bias to horizontal gas migration due to 

daily cover and packing and the way horizontal fissures propagate with compaction. If 

neither the working face nor side slopes are included, the results will fail to account for 

the vast majority of emissions.

Weak analogy. The computational algorithms, multiple regressions and procedures in 

OTM-10 were actually developed for hog lagoons, which are significantly smaller 

facilities than landfills on flat terrain at ground level. [Footnote: R. D. Shores, et al., 

“Plane-integrated open-path Fourier transform infrared spectrometry methodology for 

anaerobic swine lagoon emission measurements,” Appl. Eng. Agric. 21:487–492 (2005).] 

Simply scaling up from those lagoons to massive landfills extending over hundreds of 

acres and reaching 300 or more feet above grade, with irregular features and the complex 

wind patterns discussed above is, by itself, a reach, confounded further by the fact that so 
210

much of the actual study details wind up having to be fleshed out ad hoc on site without 

serious validation. [Footnote: The Goldsmith study concluded: “However, the fact that 

only 31% of the data collected fulfilled the quality assurance/ quality control (QA/QC) 

requirements for qualifying data is a concern. The method is at times not easy to apply to 

the complex topography of a landfill and there are areas of landfills that are not 

accessible to the technique.” Id., at 196 (emphasis added).]

Response: We thank you for your comment. We agree that it is not practical to require the use 

of EPA OTM-10 as a means to determine landfill emissions at this time, which is why we rely on 

the FOD model and landfill gas collection system measurements. We welcome comments and 

suggestions that would improve subpart HH’s emission estimates. There are no changes to the 

rule as a result of this comment. 

23.0 Revisions to Subpart II

No comments were received on the proposed revisions to this subpart.

24.0 Revisions to Subpart LL

No comments were received on the proposed revisions to this subpart.

25.0 Revisions to Subpart MM

25.1 Revisions to calculation methods

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

81

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 28

Comment: EPA is proposing to clarify the equation term for "Producti" at 40 CFR 98.393(a)(2) 

to exclude those products that entered the refinery but are not reported under 40 CFR 

98.396(a)(2).

Minor editorial change since paragraph (1) was removed.

Response: Yes, this is a minor editorial change. There are no changes to the rule as a result of 

this comment.

 

81 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
211

25.2 Revisions to equipment calibration requirements

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 5

Comment: EPA proposes to incorporate into Subpart MM a provision similar to the equipment 

calibration provision in Subpart A where a calibration may be postponed for units and processes 

that operate continuously with infrequent outages. AFPM supports this harmonizing change to 

make the equipment calibration provisions for petroleum product suppliers consistent with the 

calibration requirements for other sectors and the flexibility it provides Subpart MM reporters. 

Response: EPA thanks the commenter for their support.

25.3 Revisions to reporting requirements

Commenter Name: Marla Benyshek, Director, Fuels Regulatory Issues

Commenter Affiliation: Phillips 66 Research Center

Document Control Number: EPA-HQ-OAR-2012-0934-0046-A1

Comment Excerpt Number: 1

Comment: We are very appreciative of the proposed change that eliminates the detailed crude 

reporting requirements. The existing reporting requirement is burdensome. Some of our 

refineries have had to institute additional sampling and testing to be able to provide the crude 

reporting information in the required manner. For all refineries additional time and effort is 

required to match crude names with EIA codes and ensure the batch information is complete and 

accurate. We have consistently voiced our objection to any requirement for crude reporting in 

this regulation. Although the proposal does eliminate the most burdensome portion of the 

required crude reporting, we again request that EPA completely eliminate any crude oil reporting 

requirement rather than just change it to reporting of annual quantity. 

Response: EPA collects data on the volume of crude oil to conduct a mass balance assessment 

of all feedstocks, onsite emissions, and outgoing products at a refinery to assist with quality

assurance and verification of data reported under subpart MM. Therefore, the EPA will not be 

completely eliminating crude oil reporting in this rulemaking.

Commenter Name: Marla Benyshek, Director, Fuels Regulatory Issues

Commenter Affiliation: Phillips 66 Research Center

Document Control Number: EPA-HQ-OAR-2012-0934-0046-A1

Comment Excerpt Number: 2
212

Comment: Reporting Product Volumes by Measurement Method. EPA is proposing to 

eliminate the required reporting by measurement method. Phillips 66 strongly supports this 

change as it will simplify the reporting requirements. 

Reporting Measurement Methods. Although the Agency has proposed to eliminate reporting of 

product volumes by measurement methods, there still remains a requirement to report a list of 

methods used to measure the annual product quantities reported. Phillips 66 believes that this 

reporting requirement should also be eliminated as it is tangential to the GHG emissions data and 

information that EPA is seeking. 

Response: Please see Section II.T.2 in the preamble to the final rule for EPA’s response to this 

comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

82

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 32

Comment: EPA is proposing to remove the requirements of 40 CFR 98.396(a)(1), (a)(5), 

(a)(13), (b)(1), and (c)(1) for each facility, importer, and exporter to report the annual quantity of 

each petroleum product or natural gas liquid on the basis of the measurement method used. 

Reporters would continue to report the annual quantities of each petroleum product or natural gas 

liquid in metric tons or barrels at 40 CFR 98.396(a)(2), (a)(6), (a)(14), (b)(2), and (c)(2). EPA is 

also retaining the requirement to report a complete list of methods used to measure the annual 

quantities reported for each product or natural gas liquid.

API supports the simplification associated with this revision. 

Response: EPA thanks the commenter for their support.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

83

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 33

Comment: EPA is proposing to eliminate the reporting requirement for individual batches of

crude oil feedstocks. The reporting requirements for crude oil at 40 CFR 98.396(a)(20) are 

proposed to be changed to require only the annual quantity of crude oil. EPA is also proposing to 

 

82 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

83 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
213

eliminate the requirement to measure the API gravity and the sulfur content of each batch of 

crude oil at 40 CFR 98.394(d). EPA is also proposing to remove the requirement at 40 CFR 

98.394(a)(1) that a standard method by a consensus-based standards organization be used to 

measure crude oil on site at a refinery, if such a method exists. Other associated changes to the 

rule to harmonize with this change include removing the definition of "batch," removing the 

procedures for estimating missing data for determination of API gravity and sulfur content at 40 

CFR 98.395(c), and the recordkeeping requirement for crude oil quantities at 40 CFR 98.397(b). 

Reporters would still be required to maintain all the records required to support information 

contained in the reports as specified at 40 CFR 98.397(a).

API had commented during the initial rule developments in 2009 that refiners should not be 

required to provide data for each batch of crude used at the refinery. The data are not used to 

calculate GHG emissions from products under Subpart MM, and could not be used to determine 

carbon emissions from the refinery, and should therefore not be required. Additionally, the 

information is publically available through EIA form 814. API strongly supports these revisions.

Response: EPA thanks the commenter for their support.

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 7

Comment: EPA proposes to eliminate several crude oil reporting requirements in Subpart MM 

for petroleum refineries. This includes eliminating the requirement to report EIA crude stream 

code and crude stream name, API gravity, and sulfur content of each crude oil that enters the 

refinery. Other associated changes to Subpart MM to harmonize with these eliminations 

including removing the provisions around API gravity and sulfur content measurement and 

removing the requirement that a standard method by a consensus-based standards organization 

be used to measure crude oil on site at a refinery. EPA explains that refineries would no longer 

report crude oil by batch, but would still report the annual quantity of crude oil that enters the 

refinery. AFPM supports the changes to crude oil reporting as proposed. Crude oil names, API 

gravity and sulfur content are not used in calculating GHG emissions and are publicly

availability via the Energy Information Administration.

Response: EPA thanks the commenter for their support.

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 6
214

Comment: EPA proposes to remove the requirement for Subpart MM reporters to report the 

annual quantities of each petroleum product or natural gas liquids (NGL) on the basis of the 

measurement method used. EPA further explains that reporters would continue to report the 

annual quantities of each petroleum product or NGL and a complete list of the methods used to 

measure the annual quantities for each product or NGL. AFPM supports this change as it reduces 

the reporting burden without affecting the accuracy of the emissions associated with the use of 

the petroleum products and NGLs nor impacts validation of the reported emissions.

Response: EPA thanks the commenter for their support.

25.4 Definitions: NGL and bulk NGL

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 8

Comment: EPA proposes to include definitions of natural gas liquids (NGL) and bulk NGLs for 

Subpart MM. The definitions identify the difference between an undifferentiated or bulk NGL 

stream and an individual differentiated NGL stream, generally ethane, propane, butanes, or 

pentanes-plus (natural gasoline), that must be reported individually. AFPM supports the 

inclusion of these definitions, as it removes the ambiguity around NGL reporting. 

Response: EPA thanks the commenter for their support.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

84

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 34

Comment: EPA is proposing to include the definitions of natural gas liquids (NGL) and bulk 

NGLs in the subpart MM definitions at 40 CFR 98.397 to clarify the distinction between NGL 

and bulk NGL for reporting purposes under subpart MM.

"Bulk NGLs for purposes of reporting under this subpart means mixtures of NGLs that are sold 

or delivered as undifferentiated product." 

"Natural gas liquids (NGLs)" for purposes of reporting under subpart MM means hydrocarbons 

that are separated from natural gas as liquids through the process of absorption, condensation, 

adsorption, or other methods, and are sold or delivered as differentiated product. Generally, 

such liquids consist of ethane, propane, butanes, or pentanes plus." 

 

84 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
215

Those subject to subpart MM are required to report NGLs as the individual differentiated product 

and are not required to conduct testing to determine additional components (i.e., impurities) that 

are contained within the differentiated product. For a mixture, the individual components should 

be reported. For example, if a refinery receives a known mixture of propane and ethane, the 

refiner must report the quantities of propane and ethane individually. Undifferentiated NGLs 

would be reported as bulk NGLs for subpart MM. We are also proposing to clarify the reporting 

requirements for bulk NGLs and NGLs. NGLs should be reported either as differentiated NGLs 

or as bulk NGLs. The requirement at 40 CFR 98.396(a)(22) is proposed to be modified to specify

that NGLs reported in 40 CFR 98.396(a)(2) should not be reported again in 40 CFR 

98.396(a)(22). 

API supports these definitions for Subpart MM purposes. 

Response: EPA thanks the commenter for their support.

25.5 Revisions to Table MM-1

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

85

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 35

Comment: EPA is proposing to revise the default density and emission factors in Table MM-1 

for propane, propylene, ethane, ethylene, isobutane, isobutylene, butane, and butylene. Because 

these compounds are gases under standard conditions, the default density metric must be 

presented using a stated temperature and pressure. For all compounds except ethylene, EPA is 

proposing estimates of density and calculated emission factors at 60 degrees F and saturation 

pressure, the standard temperature and pressure conditions used by industry. For ethylene, 

because it cannot be liquefied above 48.6°F, we have selected as a basis for the values of density

and emission factor conditions at 41°F (slightly under the critical temperature) and the 

corresponding saturation pressure. The current and proposed values for default density and 

emission factors are included in the following.

API supports the proposed revisions as they are more in line with values reported in API's 

Compendium. 

The proposed rule changes and preamble do not discuss whether the changes for the emission 

factors and density values apply to reports starting in 2013, or if the values are to be retroactively 

applied to previous reports. API opposes applying these revisions to previously submitted 

reports. Reporters should not have to resubmit reports to incorporate these changes for calendar 

year 2010, 2011, or 2012 reporting. These revisions should only apply going forward. 

EPA should restrain from frequent revisions to default factors, as any changes made to the 

factors in the rule requires companies to make changes to their internal reporting systems and 

 

85 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
216

processes to align with the revised factors in the rule and subsequent changes to the reporting 

forms and XML schema. These are not trivial activities. This incurs costs and requires time for 

the reporting companies to implement and test these changes.

Response: EPA agrees with the commenter that reporters would not need to resubmit their 

annual reports on account of the revisions to Table MM-1 that are being finalized in this rule.

25.6 Other comments on proposed subpart MM Technical Corrections

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

86

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 29

Comment: EPA is proposing the following revision to 98.394(a)(1): "The quantity of petroleum 

products, natural gas liquids, and biomass, as well as the quantity of crude oil measured on site 

at a refinery, shall be determined as follows:" 

API supports this revision. 

Response: EPA thanks the commenter for their support.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

87

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 30

Comment: EPA is proposing the following revision to 98.394(a)(3): "The annual quantity of 

crude oil not measured on site at a refinery received shall be determined according to one of the 

following methods. You may use an appropriate standard method published by a consensusbased standards organization or you may use an industry standard practice." 

API supports this revision.

Response: EPA thanks the commenter for their support.

 

86 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

87 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
217

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

88

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 31

Comment: EPA is proposing harmonizing changes to 40 CFR 98.394(b) to make the equipment 

calibration requirements for petroleum products suppliers consistent with other Part 98 

calibration requirements. The requirements for equipment calibration in 40 CFR part 98, subpart 

A (General Provisions) allow for postponement of calibrations for units and processes that 

operate continuously with infrequent outages. EPA is proposing similar provisions be 

incorporated into the subpart MM equipment calibration requirements. The proposed changes 

would also provide flexibility for reporters meeting the equipment calibration requirements. 

The added regulatory language is: 98.394(b)(3) "For units and processes that operate 

continuously with infrequent outages, it may not be possible to complete the calibration of a flow 

meter or other measurement device without disrupting normal process operation. In such cases, 

the owner or operator may postpone the calibration until the next scheduled maintenance 

outage. The best available information from company records may be used in the interim. Such 

postponements shall be documented in the monitoring plan that is required under §98.3(g)(5)." 

API supports the added flexibility associated with this revision.

Response: EPA thanks the commenter for their support.

25.7 Comments on Rule issues not proposed related to reporting and 

recordkeeping requirements

Commenter Name: Marla Benyshek, Director, Fuels Regulatory Issues

Commenter Affiliation: Phillips 66 Research Center

Document Control Number: EPA-HQ-OAR-2012-0934-0046-A1

Comment Excerpt Number: 3

Comment: Changes should be made to eliminate reporting of products that will not be 

combusted. Currently, the regulation requires refineries to calculate emissions that would occur

if a product stream is combusted. There are several streams that should be exempted from the 

calculations because they will not be combusted. An example is lubricating oils. A more specific 

example is packaged lube oils (e.g. quart bottles) that are exported. Another example is asphalt. 

This issue was commented on in the original proposed rulemaking by the American Petroleum 

Institute (API) and others. We urge the EPA to exempt these types of product streams from 

reporting. This would result in further reporting streamlining and simplification. 

 

88 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
218

Response: Comprehensive upstream data will provide EPA with a full accounting of the 

emissions that would result from the complete combustion or oxidation of all petroleum products 

and natural gas liquids introduced into the economy. Furthermore, comprehensive facility- level 

data can help us conduct a more robust mass balance assessment for data verification purposes. 

While we recognize that carbon in some petroleum products, such as asphalt, can remain unoxidized for long periods, petroleum product suppliers cannot always know with certainty 

whether or not the carbon in their products will be released into the atmosphere. Even asphalt 

can be burned as fuel or incinerated as waste. In the Inventory of U.S. Greenhouse Gas 

Emissions and Sinks, EPA notes several areas of uncertainty surrounding the fate of carbon in 

petroleum products including those for which the Inventory assumes a 100 percent storage factor 

for the purposes of the national inventory (e.g., asphalt roofing, asphalt cement, and asphalt 

paving materials). Therefore, streams will not be exempted from the calculations because they

will not be combusted.

Commenter Name: Marla Benyshek, Director, Fuels Regulatory Issues

Commenter Affiliation: Phillips 66 Research Center

Document Control Number: EPA-HQ-OAR-2012-0934-0046-A1

Comment Excerpt Number: 4

Comment: We would like to thank EPA for recognizing the need to modify and simplify

Subpart MM. The proposed changes will make the reporting requirements less burdensome. 

However, we would like to see a few additional changes including complete elimination of any

crude reporting requirements, elimination of required reporting of measurement methods, and 

exemption of some product streams from reporting.

Response: See responses to EPA-HQ-OAR-2012-0934-0046-A1, Excerpts 1, 2, and 3.

26.0 Revisions to Subpart NN

26.1 Revisions to definition of LDC

Commenter Name: Pamela Lacey, Senior Managing Counsel, Environment

Commenter Affiliation: American Gas Association (AGA)89

Document Control Number: EPA-HQ-OAR-2012-0934-0080-A2

Comment Excerpt Number: 1

Comment: We support the proposal to align the definition of LDC in Subpart NN with the 

definition in Subpart W to clarify that a gas utility’s operations in each state are considered a 

separate LDC. This change will help reduce confusion in our member’s annual reporting process. 

We also support the revision to clarify that interstate and intrastate pipelines delivering natural 

gas either directly to large industrial users or farm taps upstream of the inlet to an LDC’s 

 

89 The comments by American Gas Association (AGA) were also supported by Xcel Energy, Inc. (Docket Id. No. 

EPA-HQ-OAR-2012-0934-0074-A1).
219

distribution system are not included in the definition of an LDC. This clarifying revision makes 

sense, because these deliveries are not part of an LDC’s distribution system. It also helps align 

Subpart NN with Subpart W.

Response: EPA thanks the commenter for their support.

26.2 Revisions to Equations NN-5 and NN-6

Commenter Name: Pamela Lacey, Senior Managing Counsel, Environment

Commenter Affiliation: American Gas Association (AGA)90

Document Control Number: EPA-HQ-OAR-2012-0934-0080-A2

Comment Excerpt Number: 2

Comment: EPA also proposes to allow flexibility to use different emission factors (rather than 

just the current single emission factor) for different natural gas streams in Equation NN-5, in 

response to comments that the multiple streams of natural gas may have different characteristics, 

such as High Heating Value (HHV). See preamble at page 19827. AGA supports this revision.

Response: EPA thanks the commenter for their support.

26.3 Revisions to reporting requirements for large customer meters

Commenter Name: Pamela Lacey, Senior Managing Counsel, Environment

Commenter Affiliation: American Gas Association (AGA)91

Document Control Number: EPA-HQ-OAR-2012-0934-0080-A2

Comment Excerpt Number: 3

Comment: EPA explains in the preamble that it is proposing to revise 40 C.F.R. 98.406(b)(7) so 

that instead of requiring LDCs to report annual volume of natural gas delivered to “each meter

registering supply equal or greater than 460,000 thousand cubic feet (Mscf) during the calendar 

year,” in future LDCs would be required to report natural gas deliveries “per customer rather 

than per meter” if the LDC “knows” that a series of meters “serves one particular customer” that 

receives more that the reporting threshold of 460,000 Mscf. See 78 Fed. Reg. at 19827. In the 

proposed regulatory text at 98.403(b)(2), EPA uses slightly different language, but with the same 

ambiguity. The revised text would require LDCs to report the “[t]otal annual volume of natural 

gas supplied to this end user, if known, otherwise, the annual volume supplied to this meter 

(Mscf per year).” 78 Fed. Reg. at 19871 (definition of “Fuel” in Equation NN-4; see also 

preceding definition of CO2 k– requiring reporting of annual CO2 mass emissions per “end user” 

rather than per meter).

AGA appreciates EPA’s motivation for the change, to significantly minimize double counting 

emissions that large customers directly report to EPA under Subparts C and D with the emissions 

estimated for those large customers and reported by fuel suppliers under Subpart NN. We share 

 

90 The comments by American Gas Association (AGA) were also supported by Xcel Energy, Inc. (Docket Id. No. 

EPA-HQ-OAR-2012-0934-0074-A1).

91 Id.
220

your goal of developing a more accurate estimate and inventory of greenhouse gas emissions. 

However, our members are concerned that the proposed revision would be inconsistent with the 

way that customers are often billed, and the proposal does not make it clear how they could 

ensure compliance.

First, how deeply into corporate records would an LDC would have to dig in order to back up an 

assertion that the LDC does not “know” whether a series of meters serves one large customer?

Second, we assume you mean to require reporting where a series of meters serving a customer at 

one location provide a total throughput exceeding the annual 460,000 Mscf reporting threshold, 

but this is not clear either in the proposed revised rule section 98.403(b)(2) or in the preamble 

explanation. On the other hand, your proposed sections 98.404(a)(7) and 98.406(b)(7) are clearer 

because they refer to the end user’s “facility.” In 98.406(b)(7), the proposal calls for reporting 

gas delivered by the LDC to each “end user facility” in excess of the threshold. It would be 

helpful to use this “end user facility” term consistently in the rule and preamble.

Our two concerns are related. Quite often, large corporations with multiple facilities at different 

locations across a state will receive one gas utility bill for their multiple facilities and meters, and 

it is not clear which meter aligns with which facility. Are there a series of meters serving “one 

customer”? Yes. But are one or more meters located at the same address or facility? It may not 

be possible to determine the answer based on readily available records, but perhaps one could 

answer that question with deeper investigations and calling the customers or facilities.

To avoid confusion and potentially burdensome investigations into corporate records, AGA 

urges EPA to clarify that the reporting obligation applies where the LDC knows based on readily 

available information that multiple meters serve one end user facility. Our members note that in 

some cases, more than one meter serving a large end user facility may not be in a “series” but 

instead will be located side-by-side or parallel to one another. We suggest a clarification that 

would cover either a series or “group” of meters, or simply strike the word “series.”

In addition, we are concerned about the potential burden of reporting fuel usage from facilities 

with a few large meters but many smaller meters. For example, consider a university that is a 

large end user primarily due to its natural gas-fired, combustion turbine-based cogeneration 

system. However, the university may also have hundreds of small meters supplying natural gas 

to individual buildings within the campus, such as classrooms and residence halls. While the 

total impact from the collection of small meters would be insignificant compared to the 

cogeneration system, the data collection process for these meters would be a significant burden 

for the LDC. To address this concern, AGA urges EPA to proposes that only meters with a fuel 

usage of 50,000 Mscf or greater be included in the large end user’s total natural gas usage.

Response: For the response to the commenter's concerns regarding the difficulty of identifying

large end-user facilities supplied by multiple meters, problems of assigning meters to facilities 

where companies own more than one facility within the state, addition of a 50,000 Mscf

threshold for reporting of individual meters, and the level of research LDCs are required to 

undertake, please see Section II.U.2 of the preamble to the final rule.
221

The phrase "series of meters" used in the preamble to the proposed amendments means either a 

group of meters in sequence, or a group of meters arranged side-by-side or in parallel that 

provide natural gas to a single large end-user facility.

Commenter Name: Eldon Lindt, Director of Auditing, Environmental Policy & Services

Commenter Affiliation: Xcel Energy, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0074-A1

Comment Excerpt Number: 5

Comment: Under §98.403(b)(2)(i), EPA proposes to require reporting by customer if the LDC 

has knowledge that a series of meter serves a customer. Specifically, the regulation reads that 

LDCs should report the "total annual volume of natural gas supplied to this end-user, if known, 

otherwise, the annual volume supplied to this meter (Mscf per year)." The term "if known" 

presents some ambiguity. For example, as a courtesy to our customers, one bill is often sent to a 

company’s main office reflecting gas usage for many facilities. In this case, the usage from one 

individual facility is not readily known. Xcel Energy requests clarification on the clause "if 

known".

Response: For the response to this comment, please see Section II.U.2 in the preamble to the 

final rule.

26.4 Revisions to reporting requirements

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

92

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 36

Comment: EPA has learned that o-grade as well as y-grade bulk NGLs are fractionated by

facilities subject to subpart NN. Additionally, the EPA has learned that some fractionators strip 

out only a portion of the bulk NGL stream and supply the remaining bulk NGL downstream to 

other fractionators, where it is separated into its constituent products. Therefore, the EPA is 

proposing revisions to 40 CFR 98.406(a)(4) to add new reporting elements that require reporting 

of the quantity of o-grade, y-grade, and other types of bulk NGLs received, and the quantity not 

fractionated, but supplied downstream. 

API has no issues with these revisions.

Response: EPA thanks the commenter for their support.

 

92 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
222

26.5 Revisions to Table NN-1 or NN-2

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

93

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 37

Comment: EPA is proposing changes to the HHV and emission factors in Table NN-1 and NN2. EPA is proposing to revise the default HHV and emission factors for the individual 

components of liquid petroleum gases (LPG) including propane, ethane, isobutane, and butane. 

These values for Table NN-1 and NN-2 are based on the same HHV, density and carbon share 

used for the HHV and emission factors in Table C-1 and MM-1. Since these compounds are 

gases under standard conditions, the default emission factors in Table NN-1 and NN-2 (kg CO2

per MMBtu or MT CO2 per barrel) and HHV in Table NN-1 (MMBtu per barrel) must be 

presented using a density at a stated temperature and pressure. For all these LPGs, we are 

proposing calculated values of HHV and emission factors using the density of the liquid at 60°F 

and saturation pressure, standard temperature and pressure conditions used by industry. The 

current and proposed default HHV and emission factors are shown in the following tables. 

API supports the proposed revisions as they are more in line with values reported in API's

Compendium. 

The proposed rule changes and preamble do not discuss whether the changes for the emission 

factors and density values apply to reports starting in 2013, or if the values are to be retroactively 

applied to previous reports. API opposes applying these revisions to previously submitted 

reports. Reporters should not have to resubmit reports to incorporate these changes for 2010, 

2011, or 2012 reporting. These revisions should only apply going forward. 

EPA should restrain from frequent revisions to default factors, as any changes made to the 

factors in the rule requires companies to make changes to their internal reporting systems and 

processes to align with the revised factors in the rule and subsequent changes to the reporting 

forms and XML schema. These are not trivial activities. This incurs costs and requires time for 

the reporting companies to implement and test these changes 

Response: EPA thanks the commenter for their support for the revisions to the default HHV and 

emission factors in Tables NN-1 and NN-2. EPA is not requiring reporters to revise their 

RY2010 through RY2012 reports to incorporate the revised default emission factors. For 

additional information regarding retroactive submittals of prior year reports, please see Section 

III.B of the preamble to the final rule.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

 

93 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
223

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 14

Comment: GPA agrees with the need to clarify Subpart NN reporting requirements and 

supports EPA’s proposed changes to 40 CFR 98.406(a)(4) and Table 7. GPA requests EPA’s 

assurance that these changes will be applied to future reporting requirements and that EPA will

not require past reports to be revised or resubmitted. 

Response: Thank you for your support for the revisions to 40 CFR 98.406(a)(4). For the 

response to the comments on revising past reports and the revisions to Table NN-1 of the rule 

(shown in Table 7 of the proposal preamble), please see the response to comment EPA-HQOAR-2012-0934-0047-A2, excerpt 37.

26.6 Other comments on proposed subpart NN Technical Corrections

Commenter Name: Eldon Lindt, Director of Auditing, Environmental Policy & Services

Commenter Affiliation: Xcel Energy, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0074-A1

Comment Excerpt Number: 6

Comment: Xcel Energy requests clarification on the definition of an end-user as related to a 

series of customer meters. Under §98.406(b)(13), end-user relates to residential, commercial, 

industrial and electricity generating facilities under EIA Form 176. Xcel Energy recommends 

further defining an end-user under Equation NN-4 to constitute gas service at a single service 

address.

Response: For the response to this comment, please see Section II.U.2 of the preamble to the 

final rule.

27.0 Revisions to Subpart PP

No comments were received on the proposed revisions to this subpart.

28.0 Revisions to Subpart QQ

28.1 Revisions to reporting requirements (i.e., dates of import/export)

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 9

Comment: Dow supports EPA’s proposed change to remove the requirement to report the dates 

on which closed-cell foams were imported or exported (40 CFR 98.436(a)(5),(a)(6)(iv), and 
224

98.436(b)(5)). We agree with EPA’s rationale that this level of specificity is not needed to verify

the amounts of closed-cell foams imported and exported. 

Response: EPA thanks the commenter for their support.

Commenter Name: Frederick Sciance

Commenter Affiliation: General Motors LLC

Document Control Number: EPA-HQ-OAR-2012-0934-0062

Comment Excerpt Number: 1

Comment: General Motors supports the proposal to eliminate the requirement to report the 

specific dates of import or export of pre-charged equipment or closed cell foams [40 CFR 

98.436(a)(5) and 40 CFR 98.436 (b)(5)].

Automobile air conditioner systems are charged with refrigerant at the automobile assembly

plant, and it would be very inefficient to attempt to charge them at a later point in the distribution 

chain...

Gathering and reporting these dates of import and export of various products under Subpart QQ 

of the EPA greenhouse gas reporting rule has been a very time consuming and difficult task over 

the past two years. Yet reporting of the specific dates adds no value, since the total quantities of 

vehicles, refrigerant and foam are the relevant information that is of interest.

Response: EPA thanks the commenter for their support.

Commenter Name: Jennifer Cleary, Director, Regulatory Affairs

Commenter Affiliation: Association of Home Appliance Manufacturers (AHAM)

Document Control Number: EPA-HQ-OAR-2012-0934-0076-A2

Comment Excerpt Number: 1

Comment: For Subpart QQ, EPA proposed to revise the reporting requirements for 40 CFR

98.436(a)(6)(iii) and (b)(6)(iii) to match the reported data element to the units required to be 

reported. Specifically, EPA proposed to change from “mass in CO2e” to “density in CO2e.” The

units specified for the data elements in the current subpart QQ are kg CO 2 e/cubic foot, and 

EPA did not change that in its proposal. AHAM does not oppose the proposed revision to match 

the reported data element to the units required to be reported.

Response: EPA thanks the commenter for their support.

Commenter Name: Jennifer Cleary, Director, Regulatory Affairs

Commenter Affiliation: Association of Home Appliance Manufacturers (AHAM)
225

Document Control Number: EPA-HQ-OAR-2012-0934-0076-A2

Comment Excerpt Number: 2

Comment: EPA also proposed to remove the following reporting requirements to alleviate 

burden on reporters: 40 CFR. 98.436(a)(5), (a)(6)(iv), (b)(5), and (b)(6)(iv). Those provisions 

require reporters to supply the dates on which pre-charged equipment or closed-cell foams were 

imported or exported. AHAM strongly supports removal of these reporting requirements. 

AHAM agrees that tracking and reporting each shipment by date is burdensome. In addition, 

because EPA did not determine the date of import/export data to be confidential, as we 

commented before, it could allow competitors to more easily link import and export data to 

related customs data. Accordingly, we support EPA’s proposal to remove these reporting 

requirements. 

Response: EPA thanks the commenter for their support.

Commenter Name: Kelley Kline, Counsel, Regulatory & Product Stewardship

Commenter Affiliation: GE Appliances

Document Control Number: EPA-HQ-OAR-2012-0934-0054-A2

Comment Excerpt Number: 1

Comment: I am writing in support of the Association of Home Appliance Manufacturers 

(AHAM) comments on EPA's proposed revisions to the Greenhouse Gas Reporting Rule, and in 

particular the revisions related to Subpart QQ impacting the reporting for pre-charged appliance 

products. Like AHAM, GE Appliances underscores the importance of EPA's proposal to remove 

the requirements for reporters to supply the dates on which pre-charged equipment or closed cellforms were imported and exported. In addition to this requirement being very burdensome, it is 

potentially inconsistent with how import and exports are tracked, and therefore leads to 

ambiguity in the reporting of these dates.

Response: EPA thanks the commenter for their support.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)94

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 22

Comment: ACC is encouraged by EPA’s proposed removal of the reporting requirements under 

Subpart QQ in 40 CFR 98.436(a)(5), (a)(6)(iv), (b)(5), and (b)(6)(iv), requiring the reporting of 

import and export dates for pre-charged equipment or closed-cell foams. These proposed 

 

94 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
226

changes will alleviate an unnecessary burden on reporters by helping to streamline the reporting 

process.

Response: EPA thanks the commenter for their support.

28.2 Comments on Rule issues not proposed

Commenter Name: Kelley Kline, Counsel, Regulatory & Product Stewardship

Commenter Affiliation: GE Appliances

Document Control Number: EPA-HQ-OAR-2012-0934-0054-A2

Comment Excerpt Number: 2

Comment: We would strongly urge EPA to consider adopting AHAM's suggestions of 

explicitly allowing conservative reporting of charge amounts, adopting a de minimis threshold 

for reporting amendments, and explicitly exempting components that may contain a fluorinated 

gas not utilized for a purpose of refrigeration and/or insulation. By adopting these changes, EPA 

will significantly address the burden associated with these reporting requirements for 

manufacturers, and make the reporting much more straightforward and less subject to error.

Response: EPA appreciates this comment; however it is beyond the scope of the proposed rule.

Commenter Name: Jennifer Cleary, Director, Regulatory Affairs

Commenter Affiliation: Association of Home Appliance Manufacturers (AHAM)

Document Control Number: EPA-HQ-OAR-2012-0934-0076-A2

Comment Excerpt Number: 4

Comment: AHAM respectfully requests that EPA consider allowing reporters to have some 

modest amount of discretion in revising reports when the revision would be a de minimus 

representation of the data. For example, currently it seems that if exports in one calendar year are 

returned during the next calendar year, a reporter would need to revise a report to show this as a 

“change.” In reality, however, it is not a change. EPA should consider some sort of threshold 

below which no revised report is required. EPA also could permit conservative reporting such 

that a reporter might not revise a report in the sort of situation identified above. 

In addition, AHAM urges EPA to recognize this de minimus concept and allow companies 

discretion to report conservatively in certain instances. For instance, if the charge of the 

fluorinated gas changes in an engineering revision of a model year, a company should be able to 

use that conservative (higher) charge volume in reporting for all derivatives of that basic model 

during the year. EPA should further consider specifically excluding components that may

contain a fluorinated gas not utilized for a purpose of refrigeration and/or insulation. Examples 

include mechanical thermostats, drain valves and cold control sensors. The miniscule, if any, 

contribution to total CO2 equivalent of these types of data do not justify the significant burden 

and potential sources of error introduced by requiring this level of detail in the reporting. Further, 

in instances where the identity of a fluorinated gas cannot be determined from a supplier due to 

proprietary reasons, it may be useful to allow reporting of just the CO2 equivalent of the gas in 
227

certain instances, to facilitate reporting and avoid the ambiguity around the certification of 

inability to obtain the data from suppliers. 

Response: EPA appreciates this comment; however it is beyond the scope of the proposed rule.

29.0 Revisions to Subpart RR

No comments were received on the proposed revisions to this subpart.

30.0 Revisions to Subpart SS

No comments were received on the proposed revisions to this subpart.

31.0 Revisions to Subpart TT

31.1 Revisions to calculation methods

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 10

Comment: EPA should further simplify the requirements regarding the oxidation factors for 

reporting CH4 emissions from industrial landfills. 

EPA should consider another option for the use of oxidation factors for reporting CH4 emissions 

under Subpart TT. In order to streamline the calculations and to use a consistent basis from year 

to year, EPA should allow the reporter an option to continue to use an oxidation factor of 0.1. 

This option would lead to conservative emission estimates from industrial landfills since 90% of 

the CH4 that is generated will be emitted. In addition, for our industrial facilities these emissions 

are minor compared to those from other Subparts so we encourage EPA to provide a streamlined 

approach to estimating emissions from Subpart TT landfills vs. requiring the use of additional 

flux calculations and the use of factors on Table HH-4.

However, if EPA opts not to allow this option, then EPA should copy Table HH-4 and the 

associated equations into Subpart TT so that all required calculations and factors are included in 

Subpart TT of the rule.

Response: We agree that it is reasonable to allow landfill owners or operators an option to 

simply retain the use of the 10% default oxidation factor without the need to do additional flux 

calculations, and this appears to be reasonable for both MSW and industrial waste landfills, with 

the exception of the following case. Landfills that do not have a soil cover of at least 12 inches in 

depth are not likely to have significant soil oxidation; these landfills are required to use an 

oxidation factor of 0% in today’s final rule. See also our responses to comments EPA-HQ-OAR-
228

2012-0934-0041-A1, Excerpt 15 and EPA-HQ-OAR-2012-0934-0037, Excerpt 2 in Sections

22.3 and 22.5, respectively, of this document. We did not copy the table into Subpart TT as 

landfills with gas collection systems are already required to refer to Subpart HH. We did, 

however, clarify that GCH4 is determined using Equation HH-1 or Equation TT-1, as applicable.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 12

Comment: One related aspect of the use of the DOC in estimating landfill emissions pursuant to 

Subpart TT deserves clarification: The original Subpart TT regulations allowed facilities to 

develop a DOC for use when estimating emissions from historic waste deposits. It appeared, 

however, that once such a DOC was developed, the same DOC was required to be used for these 

historic deposits in all future reports under the Greenhouse Gas Reporting Rule, even if better 

information became available. See 40 CFR. §98.463(a)(3), particularly the passage: “The 

historical values for DOC or DOCx must be developed only for the first annual report required 

for the industrial waste landfill; and used for all subsequent annual reports (e.g., if DOC for year 

x = 1990 was determined to be 0.15 in the first reporting year, you must use 0.15 for the 1990 

DOC value for all subsequent annual reports).” This was not reasonable at the time, especially 

since facilities had relatively little time to develop such historical DOCs, following EPA’s 

protocol, for the first required reporting of landfill methane emissions under a new reporting 

scheme and procedures. Making those initial determinations unchangeable would make even less 

sense now, when EPA is itself revising DOCs applicable to various wastes landfilled in the forest 

products industry. An interpretation that the historical DOC that the facility first chose is fixed 

for all time appears to be at odds with 40 C.F.R. § 98.3(h), which requires a facility to submit a 

revised report if the facility becomes aware of a substantive error in the prior report—which 

presumably could include an error in the DOC applied to historical deposits in the landfill. In 

fact, in response to a question last fall, the EPA e-GGRT Help Desk indicated that a facility

could recalculate and resubmit an annual GHG report if it determined that there is a more 

accurate method for estimating emissions, which could include a more accurate DOC than what 

was used in the past. 

Response: See Section II.Z.2 of the preamble for EPA’s response to this comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 13
229

Comment: We note also that EPA has proposed to change the regulations to recognize that it is 

appropriate to use a new DOC for historically managed wastes derived using the 60-day

anaerobic digestion test. See 78 Fed. Reg. at 19,830. The same considerations should lead to a 

similar approach when a new DOC is derived using the volatile solids content measurement 

approach. Accordingly, AF&PA and AWC ask that EPA clarify that a revised, more accurate 

DOC may be used to characterize emissions from waste deposited in the past, either by

modifying 40 CFR §98.463(a)(3) or, at a minimum, by publishing in the preamble to the final 

rule an explanation that 40 CFR. §98.3(h) allows a facility to use a new, more accurate DOC to 

represent previously landfilled waste.

Response: See Section II.Z.2 of the preamble for EPA’s response to this comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 14

Comment: AF&PA and AWC also want to point out one apparent oversight in the way EPA 

proposes to revise Subpart TT to provide for adjustment of methane emission rates to account for 

surface oxidation of methane, using formulas EPA has developed for municipal waste landfills 

(rather than using an assumption of 10% oxidation as required in current 40 C.F.R. § 

98.463(b)(1)). We support this apparent improvement in methane emission estimation. We are 

concerned, however, that Table H-4, to which the proposed revised section 98.463(b)(1) in 

Subpart TT would refer, provides alternative methane oxidation fractions for different ranges of 

methane flux rates, but the equation that would be used to determine methane flux rate includes a 

variable, GCH4, which is defined in terms of modeled methane emissions from equations in 

Subpart HH, for Municipal Solid Waste Landfills, rather than Equation TT-1, which is used to 

calculate GCH4 for Industrial Landfills pursuant to 40 C.F.R. § 98.463(a)(1). See 78 Fed. Reg. at 

19,867-68 and 19,876. EPA should add Equation TT-1 to the reference to Equations HH-1, HH4, and HH-6 in the definition of GCH4 in proposed Table HH-4.

Response: We agree. We have revised the definition of the footnote for GCH4 to read: “Modeled 

methane generation rate in reporting year from Equation HH–1 of this subpart or Equation TT-1

of subpart TT of this part, as applicable, except for application with Equation HH-6 of this 

subpart (metric tons CH4). For application with Equation HH-6 of this subpart, the greater of the 

modeled methane generation rate in reporting year from Equation HH–1 of this subpart or 

Equation TT-1 of this part, as applicable, and the quantity of recovered CH4 from Equation HH–

4 of this subpart (metric tons CH4)." 
230

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)95

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 18

Comment: ACC supports the proposed changes for Subpart TT, including revisions to terms 

used in equations TT-1 and TT-7 to determine waste stream-specific degradable organic carbon 

(DOC) for facilities’ biodegradation tests.

Response: EPA thanks the commenter for their support.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)96

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 21

Comment: ACC requests that EPA clarify in the final rule that the proposed revised oxidation 

factor approach for calculating CH4 emissions be used for reporting years 2013 and forward, and 

not require facilities to revise emissions data from reporting years 2010 – 2012. Such retroactive 

revisions would be time-consuming and expensive while resulting in minimal changes to 

reported emissions.

Response: We agree. The calculation of the oxidation factor only impacts the current reporting 

year. Landfill owners or operators will not be required to determine methane fluxes for previous 

annual reports and revise those reports if a different oxidation factor applies. We have revised 

Table HH-3 to clarify that an oxidation factor of 0.1 must be used for reports prior to RY2013

and that the new oxidation factors can only be used starting with the RY2013 and later annual 

reports. 

31.2 Revisions to Table TT-1

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 9

Comment: Although the changes EPA has proposed to the default DOC table, Table TT-1, will 

improve the accuracy of estimated GHG emissions from pulp and paper mill landfills, they do 

not go far enough. EPA has proposed a new DOC for “industrial sludge” that would apply to 

industrial sludges landfilled by pulp and paper mills and wood products facilities. That value is 

 

95 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).

96 Id.
231

less than half of the current default DOC value for all non-exempt pulp and paper industry waste. 

It also is consistent with the IPCC default DOC for industrial sludge. AF&PA and AWC 

therefore support that new waste classification and default DOC. AF&PA is concerned, however, 

that applying a default DOC of 0.20 (wet basis) for all other waste from pulp and paper mills 

substantially overestimates methane emissions from landfills accepting such waste. A substantial 

portion of the other waste generated by many chemical pulp mills is (a) residuals from the 

pulping chemical recovery process and (b) ash from boilers fired with wood or wood residue. 

These waste streams are predominantly inorganic materials with essentially no DOC and 

potential for methane generation. Boiler ash is the residual, largely mineral, material remaining 

after efficient combustion of wood and wood residue or other fuels. The pulping chemical 

recovery portion of a pulp mill generates “causticizing wastes” that are comprised of inorganic 

chemicals such as calcium and sodium carbonate and sulfates that would not be expected to 

decompose or to otherwise release methane in landfill environments.

Because of the processes involved, however, there may be small amounts of organic carbon 

carried over from the pulping process or remaining as uncombusted fuel in ash, which would 

prevent the waste from meeting the definition of “Inert Waste,” for which Table TT-1 assigns a 

DOC of zero (i.e., the volatile solids concentration may be somewhat higher than 0.5 weight 

percent (on a dry basis)). If they are lumped in with “Pulp and Paper (other than sludge),” 

however, they will be assigned a DOC of 0.20 that will result in greatly overstating the potential 

of these wastes to generate methane in the landfill.

Response: See Section II.Z.2 of the preamble for EPA’s response to this comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 10

Comment: AF&PA and NCASI have submitted information to EPA, including NCASI 

Technical Bulletin No. 793, which accompanied an October 3, 2011 letter from Dr. Brad Upton 

of NCASI to Rachel Schmeltz of EPA, showing that the essentially inert boiler ash and chemical 

recovery system causticizing wastes made up 31% and 17% (on a dry basis), respectively, of the 

total by weight of materials deposited in pulp and paper mill landfills in 1995 (based on an 

industry survey). Using an inappropriately high DOC for these waste streams therefore will 

result in a substantial overestimation of methane emissions from such landfills.

Response: See Section II.Z.2 of the preamble to the final rule for EPA’s response to this 

comment. 

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,
232

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 11

Comment: One AF&PA member conducted DOC tests, using the volatile solids method, on 

samples of various waste streams at a number of their mills in the first quarter of 2013. Those 

data confirm that wood-fired boiler ash and causticizing wastes have very low DOCs, although 

they may have volatile solids concentrations higher than the 0.5 weight percent (on a dry basis) 

threshold for excluding wastes from GHG landfill emission calculations as inert, under 40 C.F.R. 

§ 98.460(c)(2)(xii) and Table TT-1. The DOCs for boiler ash ranged from 0.049 to 0.11, and the 

DOCs for causticizing wastes (lime mud, lime slaker grits, green liquor clarifier dregs) ranged 

from 0.0023 to 0.056.

Three out of four ash samples had DOCs below 0.07. While these are only results from an initial 

round of testing and may not represent the full range of DOCs, these data provide additional 

indications that the boiler ash and causticizing area waste streams at a pulp and paper mill have a 

DOC (and therefore a potential for methane emissions in the landfill) far lower than the 0.2 DOC 

EPA proposes to apply to all mill wastes other than "industrial sludge." The approach to DOCs

that EPA has proposed for landfills at pulp and paper mills therefore would continue to overstate 

substantially the GHG emissions from those landfills. The same is true of including ash from 

wood-fired boilers in with other wastes in the "Wood and Wood Product (other than sludge)" 

category, for which Table TT-1 applies a default DOC of 0.43. AF&PA sees two potential 

resolutions to this inaccuracy: (1) EPA could create separate categories of wastes that would 

include these largely inorganic waste streams and assign a DOC of 0.09 or less. The categories 

could be defined as: “solid and semi-solid wastes from the chemical recovery process at 

chemical pulp mills” and “ash from combustion of wood and wood residue at pulp and paper 

mills and wood and wood products facilities” (or perhaps the two could be combined into a 

single waste category); or (2) EPA could clarify that the term “industrial sludge” (which is 

undefined in the proposed rule) is intended to encompass materials that meet the common, 

dictionary meaning of “sludge” (e.g., “thick, soft, wet mud or a similar viscous mixture of liquid 

and solid components, especially the product of an industrial or refining process"), as well as the 

meaning EPA often gives to “sludge,” i.e. residue removed from wastewater treatment or air 

pollution control equipment. This would then allow mills to apply the “industrial sludge” DOC 

to the high-inorganic-content wastes from the pulping chemical recovery process, such as lime 

mud and green liquor clarifier dregs, as well as to high inorganic-content ash removed from air 

pollution control equipment on wood-fired boilers. While the default DOC of 0.09 that EPA 

proposes for Industrial Sludge still would result in overstatement of emissions from the 

essentially inert ash and causticizing wastes, it would be much more accurate than using a DOC 

of 0.20. Regardless of the approach EPA chooses, it is essential to recognize that the potential 

methane emissions from these wastes would be greatly overstated by using the 0.20 DOC 

proposed for “Pulp and Paper (other than sludge)” wastes.

Response: See Section II.Z.2 of the preamble for EPA’s response to this comment.
233

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)97

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 20

Comment: ACC also supports the proposed revisions to Table TT-1 to improve the accuracy of 

default DOC and industrial sludge values.

Response: EPA thanks the commenter for their support.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 20

Comment: AF&PA and AWC also ask that application of the proposed revised DOCs for 

industrial landfills be optional for the 2013 reporting year. EPA is proposing to use different 

default DOCs for landfills associated with pulp and paper mills depending on whether waste is 

considered “Industrial Sludge” or “Pulp and Paper (other than sludge).”

Likewise, landfills associated with wood products facilities would use one DOC for “Industrial 

Sludge” and another for “Wood or Wood Product (other than sludge).” 78 Fed. Reg. at 19,877. 

Since there is no such distinction in the current Greenhouse Gas Reporting Rule, see 40 C.F.R. 

Part 68 Subpart TT Table T-1, facilities in those industrial sectors may not have been collecting 

data on solid waste sent to the landfill broken down according to those classifications. Facilities 

should have the option to use the existing calculation method for the 2013 reporting year and use 

the revised DOCs in the proposed rule beginning with the 2014 reporting year.

Response: Subpart TT requires that the current year waste quantities be determined separately 

for each waste stream that is disposed of in the landfill as specified in §98.463(a)(2)(i). Given the 

definition of “waste stream”, we expect that all industrial waste landfill owner or operator would 

have all of the data needed to implement the new default DOC values for wastewater sludges. 

The landfill owner or operator would simply need to classify the waste stream-specific quantities 

that should already be collected as either an “industrial sludge” waste stream or an “other than 

sludge” waste stream. As such, we do not believe that it is necessary to wait to implement the 

additional DOC values in Table TT-1. 

 

97 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
234

31.3 Revisions to reporting requirements

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 11

Comment: EPA should consider removing the requirement to report information on inert waste 

streams since they do not contribute to the facility’s CH4 generation. 

Dow is also concerned with one other aspect of EPA’s proposal that affirms that the 

owner/operator must report the volume of inert wastes under Subpart TT even though this 

information is not used to determine methane generation rates or emissions. In order to further 

reduce the burden on reporting sites, EPA should revise the rule to eliminate the requirement to 

report volumes and details on inert wastes.

Response: In order to assess the impacts of certain policy decisions, it is often necessary to 

assess the active life of a landfill and the number of new landfills that may be permitted over a 

given time period. These projections are generally made using landfill capacity data annual waste 

disposal rates. If the waste quantity data for inerts are not collected, then these projections would 

be inaccurate. Thus, even though they do not directly contribute to GHG emissions, these data 

are needed to accurately assess policy options that may be considered regarding landfill GHG

emissions. Therefore, we are not revising subpart TT to eliminate this reporting requirement. 

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)98

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 19

Comment: ACC supports EPA’s proposal to provide further clarification and reduce duplicative 

reporting requirements through revisions to 40 CFR 98.466(c) and equations TT-4a and 4b.

Response: Thank you for your support.

32.0 Revisions to Subpart UU

No comments were received on the proposed revisions to this subpart.

 

98 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
235

33.0 Revisions to Other Subparts

33.1 Comments on Rule issues not proposed for subpart G

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 2

Comment: TFI has long been an advocate for ensuring consistency between the GHGRP and 

the Inventory. This is particularly true with how the Agency handles the reporting of CO2 bound 

in urea produced by ammonia manufacturing units under Subpart G of the GHGRP and the 

Inventory. TFI continues to be concerned with the requirement to report CO2 bound in urea 

produced by ammonia manufacturing units under Subpart G of the GHGRP as a GHG 

"emission." The CO2 bound in urea is not an "emission" by any common-sense understanding of 

that word. Further, the requirement to report CO2 bound in urea under Subpart G is (1) 

inconsistent with EPA’s statements in the preamble of the GHGRP, (2) internally inconsistent 

with the regulatory language itself, (3) contrary to EPA’s approach for other source categories in 

the GHGRP, and (4) contrary to EPA’s methodology in the Inventory. 

EPA states in the preamble to the final GHGRP, and reiterates in Subpart G, that ammonia 

manufacturing facilities must report only: (1) process emissions; (2) emissions from stationary

combustion units; and (3) CO2 collected and transferred off-site or sequestered, under Subpart PP 

of the GHGRP. CO2 bound in urea does not fit into any of these three categories. Additionally, 

the general policy of the GHGRP, as expressed in 40 C.F.R. § 98.1, is to gather GHG data from 

"certain facilities that directly emit GHGs as well as for certain fossil fuel suppliers and industrial 

GHG suppliers."The policy therefore is to gather data on "direct emissions," which from a 

common sense perspective means releases to the atmosphere. The requirement to report CO2 

bound in urea, and not "emitted," is thus inconsistent with EPA’s statements in the preamble and

with other provisions of Subpart G. 

Importantly, other source categories regulated under the GHGRP are able to account for carbon 

bound in products (and thus not "emitted"), and report only net emissions, or report carbon 

bound in products as data distinct from emissions reporting. For example, Subpart X, setting 

forth reporting requirements for the petrochemical production source category, allows for 

accounting of "net annual carbon input or output," which includes offsets and excludes carbon 

not emitted from the facility.

Additionally, Subpart P, which sets forth reporting requirements for the hydrogen production 

source category, is structured in a manner similar to Subpart G, in that hydrogen production 

facilities are required to report only the same three categories as ammonia production facilities, 

as noted above. EPA states in the preamble to the GHGRP that several commenters on Subpart P 

pointed out the need for a calculation methodology to account for feedstock carbon that does not 

exit the hydrogen production facility as CO2, but rather in the form of other products or coproducts containing carbon. EPA responded to these comments by stating that it "generally 

concurs with the need to account for carbon other than CO2 that exits the facility. EPA 
236

considered several options for reporting such carbon and chose to have facilities report CO2 and 

‘carbon other than CO2’ as separate data reporting elements."

Given the similarities in the types of emissions reported under Subparts G and P, and the 

analogous nature of the CO2 bound in urea shipped from ammonia manufacturing facilities and 

"carbon other than CO2" shipped from hydrogen production facilities, TFI is confused why it is 

required to report CO2 bound in urea as an emission under Subpart G. Further, TFI questions 

why sources in Subpart X are able to reduce their carbon reporting for carbon in products, while 

sources in Subpart G are not able to reduce their CO2 reporting for CO2 in urea. Based on our 

review of the GHGRP preamble and Response to Comments document, TFI is unable to 

ascertain the rationale for this disparate treatment of source categories. 

EPA’s requirement in the GHGRP to report CO2 bound in urea is also inconsistent with EPA’s 

approach in the Inventory. In the Inventory, EPA does not attribute CO2 bound to urea to the 

ammonia manufacturing sector because the CO2 is not emitted by this sector; it is used to 

produce a product. As noted by EPA in its most recent draft Inventory: 

Only the CO2 emitted directly to the atmosphere from the synthetic ammonia production process 

are accounted for in determining emissions from ammonia production. The CO2 that is captured 

during the ammonia production process and used to produce urea does not contribute to the CO2

emission estimates for ammonia production presented in this section. Instead, CO2 emissions 

resulting from the consumption of urea are attributed to the urea consumption or urea application 

source category (under the assumption that the C stored in the urea during its manufacture is 

released into the environment during its consumption or application). Emissions of CO2 are 

accounted for in the Cropland Remaining Cropland section of the Land Use, Land-use Change, 

and Forestry chapter. Emissions of CO2 resulting from non-agricultural applications of urea (e.g., 

use as a feedstock in chemical production processes) are accounted for in the Urea Consumption 

for Non-Agricultural Purposes section of the Industrial Process chapter.

EPA should apply this same common sense approach in its GHGRP for the ammonia 

manufacturing source category.

EPA’s settlement agreement with TFI involving our challenge to the GHGRP requires EPA, 

which it does, to include the following language in both Subpart G and EPA’s publicly available 

GHGRP data: " CO2 process emission reported under this subpart may include CO2 that is later 

consumed on-site for urea production, and therefore is not released to the ambient air from the 

ammonia manufacturing process unit." While this is helpful to contextualize the data, releasing 

data collected under the GHGRP and the Inventory will confuse the public due to the differing 

methodologies employed and the GHGRP data will lead the public to incorrectly conclude that 

the ammonia manufacturing sector has much larger CO2 emissions to the atmosphere than is the 

case. In addition, we are concerned that any Climate Change legislation may mandate use of the 

GHGRP data and not allow EPA to properly reduce the CO2 emissions reported by ammonia 

manufacturers to reflect only actual emissions to the atmosphere.

As such, to achieve its stated desire for GHGRP and Inventory consistency, EPA should revise 

Subpart G and only require the reporting of CO2 emitted directly to the atmosphere from the 

synthetic ammonia production process. 
237

Response: See Section II.BB.2 of the preamble to the final rule for EPA’s response to this 

comment.

34.0 Schedule for Implementation

34.1 Proposed schedule for existing reporters 

Commenter Name: David Friedman, Vice President, Regulatory Affairs,

Commenter Affiliation: American Fuel & Petrochemical Manufacturers (AFPM)

Document Control Number: EPA-HQ-OAR-2012-0934-0060-A1

Comment Excerpt Number: 1

Comment: AFPM supports EPA’s proposal that Reporting Year 2013 (data reported by March

31, 2014) should serve as the effective date of the amendments for existing reporting facilities. 

While AFPM appreciates efforts to ensure adequate time to prepare for changes, we strongly 

urge EPA to finalize these provisions prior to December 31, 2013. This will ensure that facilities 

are given enough time to come into compliance with these provisions, and for EPA to ensure that 

the e-GGRT reporting system is modified in a timely manner to ensure accurate facility data 

reporting incorporating the reporting revisions.

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment.

Commenter Name: David Isaacs, Vice President, Government Affairs

Commenter Affiliation: Semiconductor Industry Association (SIA)99

Document Control Number: EPA-HQ-OAR-2012-0934-0078-A2

Comment Excerpt Number: 3

Comment: Changes to the GWPs will directly affect compliance under both the reporting rule 

and the tailoring rule. The proposed changes to the GWPs will be particularly important for our 

sector, increasing the CO2e equivalence of fab GHG emissions by 10 - 20%. Adverse impacts 

can be avoided through managing the transition from one set of GWPs to the next. Most of the 

issues can be addressed if the affected parties are given time to transition from using the current 

GWPs to using the new ones. SIA recommends that the effective date for the revised and new 

GWPs be 12 months after the new values are set in a final rule. If EPA feels that the new GWPs 

need to be implemented more quickly for reporting, it is still imperative that their effective date 

under the tailoring rule be one year from their date of publication. Later in these comments, we 

outline the types of issues that will arise and how a one year transition to the new GWPs will 

allow for an orderly and non-punitive regulatory transition. This one year transition will address 

most of the compliance problems that the new GWPs create. Without this transition, GHG 

 

99 The comments of the Semiconductor Industry Association were also supported by Texas Instruments Incorporated 

(EPA-HQ-OAR-2012-0934-0063-A1) and Intel Corporation (EPA-HQ-OAR-2012-0934-0090-A2).
238

reporting, GHG permitting and the related projects at manufacturing facilities will be disrupted 

unnecessarily. Keep in mind that the IPCC 4th Assessment Report was issued in 2007. We have 

been using “out of date” GWPs for six years. Deferring the update as it applies to permitting and 

reporting for one year is very reasonable when the alternative is to create coincident compliance 

problems arising solely out of the way that GHGs are weighted to determine emissions on a 

CO2e basis. The nature of the regulatory compliance problems that the GWPs change can create 

and the best ways to manage them are presented in the remainder of this comment. The first issue 

is the timing of the implementation of the new GWPs under the reporting rule. SIA agrees that 

the new GWPs should be applied at the start of a calendar year so that we do not have mixed 

GWPs in a single report. It will not be appropriate to apply the new GWPs to 2013 emissions, 

given that this rulemaking may change who must report and this rule may change the gases that 

must be reported. Therefore, given the current timeframe for final action on this rule, the new 

GWPs should be used for reporting of 2014 emissions (in early 2015). 

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 2

Comment: EPA should delay adoption of the IPCC AR4 factors to allow for a phase in period. 

EPA has indicated that the GHGRP data is used to “inform” and “complement” the Inventory. 

As such, there is no urgency to adopt the AR4 factors. EPA proposes requiring existing reporters 

to begin using the updated GWP values in Table A-1 starting with CY2013 reporting, due by 

March 31, 2014 (78 FR 19,832). GPA urges EPA to delay adoption of the updated GWPs until 

calendar year 2017 in order to provide businesses and industries sufficient time to understand the 

new factors and build them into their individual reporting, and more importantly permitting, 

programs. This implementation schedule would allow adequate time to coordinate the GHGRR 

with the NSR and Title V programs in an orderly way through a formal rulemaking process. It 

would allow operators the time needed to evaluate how this change impacts projects that are 

underway and those that are planned. Given the significant lead time and complexity involved 

with PSD permits, businesses need adequate time to determine, based on this new methane 

GWP, if certain projects are still even viable.

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Grover Campbell, Director, Government Affairs

Commenter Affiliation: Gas Processors Association (GPA)

Document Control Number: EPA-HQ-OAR-2012-0934-0069-A1

Comment Excerpt Number: 16
239

Comment: If the Part 98 GWP revisions are incorporated into the NSR and Title V programs, 

GPA urges the EPA to postpone application of the new factors to these programs until 2017. The 

regulated community requires this amount of lead time to incorporate the new GWPs into its 

business decisions. 

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 18

Comment: For many of the same reasons discussed in the previous section of these comments, 

AF&PA and AWC urge EPA to be certain that there is adequate time between the promulgation 

of the proposed revisions (indeed, any revisions) to the Greenhouse Gas Reporting Rule and the 

deadline for filing reports. In the preamble to the proposed rule, EPA asserts that it will present 

little problem for facilities to incorporate the changes in the proposed rule, if adopted before the 

end of 2013 as EPA plans, into their emissions estimates for 2013, which must be filed by March 

31, 2014. 78 Fed. Reg. at 19,832-33. AF&PA strongly disagrees and objects. Companies and 

facilities will have to reprogram their data acquisition, analysis, and reporting systems to 

incorporate not only revised GWPs but also revised emission factors (such as those proposed for 

recovery furnaces and biomass boilers, and others in Tables C-1 and C-2), revised emission 

estimation methods (such as the proposed revised and differentiated DOCs for landfills at pulp 

and paper mills and wood products facilities), and revised reporting requirements (such as 

revised reporting of production under proposed changes to subpart AA). In addition, some 

companies have implemented systems where estimated GHG emissions are calculated 

throughout the year, so they will have to go back and revise those calculations, rather than just 

applying a new factor in calculations to be performed in the first quarter of 2014.

At a minimum, the final rule should defer the reporting deadline for 2013 emissions until at least 

six months after the final revisions to the Greenhouse Gas Reporting Rule is published in the 

Federal Register. For the initial, 2010 emission reports, EPA deferred the reporting deadline to 

September 30, in recognition of the burden imposed by recently released reporting requirements. 

There are similar justifications in this case. Also, in no event should reporting be required less 

than three months after EPA finalizes the XML for uploading the report electronically. (In some 

past years, the XML has not been finalized until shortly before the reporting deadline, imposing 

a major burden on companies’ data management and information technology experts.)

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.
240

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

100

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 16

Comment: API is also concerned about the time required to implement these changes into 

existing reporting systems, particularly with respect to making changes to internal reporting 

systems to align with EPA's final xml schema or reporting forms. Based on previous reporting 

years, EPA seems to be in the habit of only providing 2 months or less for companies to make 

revisions to their internal reporting systems and is not providing sufficient documentation of the 

changes made to the XML schema. As a result, reporting companies are facing significant 

challenges to meeting the reporting deadlines. A minimum of three months is required between 

the time EPA releases a change to the reporting forms or XML schema and the report due date 

for companies to implement the changes into their reporting systems. This is not a trivial task. It 

requires significant company or contractor resources to make the changes to internal reporting 

system and to adequately test the changes prior to submitting to EPA. 

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)101

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 8

Comment: EPA Should Adopt a Policy of Completing the Necessary Updates to e-GGRT and 

the xml Schema at Least 60 Days Prior to the Annual Reporting Due Date. 

EPA has proposed a number of changes to various subparts of the GHG reporting rule, which

will require EPA to finalize the rule amendments and subsequently update the reporting tools (eGGRT, xml schema ) to reflect the changes. Given the significant number of large and complex 

facilities of ACC members, we respectfully request that EPA provide at least 60 days between 

the time e-GGRT and the updated xml schema are made available and the submission deadline 

for the annual report. Also, if e-GGRT and/or the xml schema are not ready for data entry by

February 1st of a given year, ACC requests that the report submittal date be adjusted to equal the 

date that is 60 days after both e-GGRT and the xml schema are available for data entry for a 

given reporting year. This period would grant members with complex reporting requirements 

adequate time to revise their internal reporting systems as needed to align with EPA’s updated 

reporting tools and complete the necessary quality checks prior to submitting their reports. 

 

100 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).

101 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
241

Allowing this reasonable amount of time would help improve the accuracy and effectiveness of 

the reporting program as a whole. 

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)102

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 2

Comment: It is also important for EPA to ensure that the e-GGRT reporting system is modified 

in a timely manner so as to not shorten the window for facility data reporting. Moreover, 

facilities need sufficient time to make the necessary revisions to their internal reporting systems 

to align with EPA’s modified xml schema or e-GGRT report format.

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

103

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 2

Comment: Use of the AR4 GWP values is a requirement for IPCC reporting starting with the 

calendar year 2013 report (which would be published in 2015. EPA is proposing that existing 

GHGRP reporters begin using the updated GWPs in Tables A-1 for their reporting year 2013 

annual reports, which must be submitted by March 31, 2014. 

As stated above, this is consistent with IPCC reporting requirements which is the driver for the 

annual national inventory prepared by EPA. API supports using the AR4 GWP values starting 

with the 2013 reporting year provided EPA makes the necessary changes to the e-GGRT system 

and the XML schema in a timely manner. 

Response: EPA thanks the commenter for their support. See Section III.A.2 of the preamble to 

the final rule.

 

102 Id.

103 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
242

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 14

Comment: Assuming that the amendments are finalized in 2013, INGAA agrees that it is 

feasible for existing reporters in the transmission and storage (T&S) segments to use updated 

GWPs for the 2013 report due in March 2014.

Response: EPA thanks the commenter for their support. There are no changes to the rule as a 

result of this comment.

34.2 Proposed schedule and BAMM for new reporters

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 6

Comment: Under §93.3(l)(1), new reporters are allowed to use BAMM for the first three 

months of 2014, and §93.3(l)(2) allows reporters to request BAMM beyond March 31, 2014. 

However, §93.3(l)(2)(iii) indicates that BAMM under this subsection will not be approved 

beyond December 31, 2014. In addition, the criteria in §93.3(l)(2)(ii) associated with a BAMM 

request are modeled after previous Subpart A sections and focus on the inability to install a 

monitor, thus failing to address other viable reasons for BAMM. For example, §93.236(f)(8) of 

Subpart W identifies other issues, such as safety, that may warrant the use of BAMM. 

Several BAMM related issues should be addressed in the Proposed Rule: 

• §93.3(l) should provide additional flexibility for use of BAMM; 

• EPA should ensure that BAMM is accessible beyond 2014; 

• EPA should ensure that §93.3(l) criteria do not conflict with or supersede Subpart W BAMM 

provisions; and, 

• If BAMM provisions in both Subpart A and Subpart W apply, EPA should clarify and 

harmonize requirements and schedules under the two subparts, especially for the first and second 

reporting years for new reporters.

As EPA is aware, INGAA members subject to Subpart W reporting have relied on Subpart W 

BAMM provisions to remedy unique or unusual circumstances and rule implementation 

complications during the initial reporting years. For example, BAMM has been used to address 

safety issues associated with select compressor vent measurements, and has provided a means to 
243

address rule interpretation gaps, measurement method flexibility, and technical deficiencies as 

Subpart W has undergone numerous revisions since it was adopted in November 2010. 

Subpart W revisions to date have not addressed substantive remaining issues – e.g., associated 

with compressor vent measurement, and associated emission calculations and data roll-up. While 

the BAMM section of Subpart W notes that, “EPA does not anticipate a need for best available 

monitoring methods beyond 2011,” EPA has accepted that Subpart W BAMM has been 

necessary in subsequent years. Similar to the experience with Subpart W – and EPA’s 

preconceived notion that BAMM would not be needed after 2011 – the §93.3(l)(2) limitation on 

BAMM beyond 2014 could prove to be short-sighted as new facilities address reporting 

challenges (e.g., safe access for measurements) for the first time.

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

104

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 4

Comment: EPA is proposing that new reporters who would be required to report under Part 98 

as a result of the proposed changes to Table A-1 would begin collecting data on January 1, 2014 

for the 2014 reporting year. New reporters would be required to submit their first reports, 

covering the 2014 reporting year, on March 31, 2015. The intended schedule (including 

publication of any final rule by the end of 2013) would allow time for new reporters to acquire, 

install, and calibrate monitoring equipment for the 2014 reporting year. EPA is also proposing to 

add provision 40 CFR 98.3(l) to subpart A to allow new reporters who would be required to 

report as a result of the proposed new or revised GWPs to have the option of using BAMM from 

January 1, 2014 to March 31, 2014 for any parameter that cannot reasonably be measured 

according to the monitoring and QA/QC requirements of a relevant subpart. Reporters would 

also have the opportunity to request an extension for the use of BAMM beyond March 31, 2014;

those owners or operators must submit a request to the Administrator by 60 days after the 

effective date of the final rule. The EPA anticipates granting approval for BAMM no later than 

December 31, 2014. 

Any new reporter under any applicable Subpart, especially new reporters for Subpart W due to 

the complexity of Subpart W, should have the option to use BAMM from January 1, 2014 to 

June 30, 2014 without having to request BAMM coverage. BAMM is needed for this time period 

to provide newly affected facilities sufficient time to come into compliance with the GHGRP 

requirements, for example to install monitoring devices or to bring existing monitoring devices 

into compliance. 

 

104 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
244

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment. 

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 8

Comment: It is not clear how BAMM criteria in §93.3(l)(2) comport with Subpart W BAMM. 

EPA should not limit BAMM to a single year, and should clarify the BAMM process under the 

Proposed Rule versus BAMM access under Subpart W. This clarification should address BAMM 

request criteria, ongoing requests beyond the initial reporting year, and the schedule for BAMM 

submittals. The proposed BAMM provisions in §93.3(l) could be interpreted as more limiting 

than BAMM provisions in Subpart W, and could be viewed as a limitation on newly affected 

facilities. In addition, schedules and documentation required are unclear for the two separate 

BAMM sections. For example, as explained by EPA in its Subpart W BAMM Fact Sheet, the 

process includes an option to submit a “notice of intent” by the BAMM deadline and the 

opportunity to submit BAMM requests after the deadline if unforeseen situations arise. The May

1, 2013 Subpart W revision to the BAMM request deadline [78 FR 28392-28396] is further 

evidence that BAMM access beyond the initial reporting year is imperative. 

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 9

Comment: INGAA has strongly advocated for BAMM access since Subpart W was proposed, 

because T&S sources require annual measurement and surveys. Other EPA regulations (e.g., 

NSPS, NESHAP, etc.) provide mechanisms to pursue alternatives (e.g., alternative methods, 

alternative standards, alternative monitoring), typically in the General Provisions. However, the 

GHG MRR does not provide such flexibility other than through use of BAMM. Thus, especially 

where measurement is mandatory, access to BAMM is a necessity. A substantive record of 

INGAA comments and communications with EPA further expounds this issue. It is possible that 

§93.3(l)(2) is intended to fill a gap related to new reporters and not compromise any Subpart W 

provisions. However, first year schedules and the possibility of “late” BAMM requests 

(according to Subpart W criteria) could still be an issue in this case, and clarification is needed. 

EPA should ensure flexibility for reporters to use BAMM when warranted and clarify
245

applicability, BAMM accessibility, and schedules for §93.3(l)(2) versus §93.236(f) BAMM 

requests. Clarifications or harmonization are especially important for the first year (2014 

reporting year) and second year (2015 reporting year) for new reporters.

Response: See Section III.A.2 of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Lisa Beal, Vice President, Environment and Construction Policy, Interstate 

Natural Gas Association of America (INGAA)

Commenter Affiliation: Interstate Natural Gas Association of America (INGAA)

Document Control Number: EPA-HQ-OAR-2012-0934-0059-A1

Comment Excerpt Number: 5

Comment: EPA plans to publish a final rule that implements GWP revisions in 2013, and 

concluded it is feasible for existing reporters to implement the proposed GWP revisions for the 

2013 reporting year (March 31, 2014 reporting deadline). EPA also understands that revisions 

that increase a GHG’s GWP will result in a new reporting requirement for some facilities that are 

currently below the 25,000 metric tons CO2e reporting threshold, but would exceed the threshold 

due to the proposed increase in GWP (e.g., methane GWP for T&S facilities). These newly 

affected facilities, which are referred to as “new reporters” in the preamble, would not be 

required to develop a 2013 inventory – i.e., only future reporting is required. The Proposed Rule 

would apply to new reporters on January 1, 2014, with an initial report deadline of March 31, 

2015 for the 2014 reporting year. INGAA agrees that GWP revisions will result in some newly

subject facilities – e.g., due to the 19% increase in methane GWP. INGAA supports EPA’s 

decision to not require reporting for new reporters for the 2013 reporting year. As noted in the 

preamble, it is not feasible for these facilities to collect data, complete measurements, and 

develop a report for reporting year 2013. Due to implementation logistics for data gathering and 

facility measurements, it is imperative that newly subject facilities not be subject to 2013 

reporting. INGAA also supports the provision that allows new reporters to use best available 

monitoring methods (BAMM) for the first three months of 2014. 

Response: EPA thanks the commenter for their support of the reporting schedule for new 

reporters who become subject to Part 98 for the first time due to the revisions to Table A-1 of 

subpart A. EPA is finalizing these provisions prior to December 31, 2013 in order to ensure new 

reporters have enough time to come into compliance with the applicable Part 98 provisions. The 

BAMM provisions in §98.3(l) will allow additional flexibility for those new reporters who need 

additional time to install new monitoring equipment or calibrate existing monitoring devices. 

There are no changes to the rule as a result of this comment. See Section III.A of the preamble to 

the final rule for additional information.
246

Commenter Name: Lorraine Krupa Gershman, Director

Commenter Affiliation: American Chemistry Council (ACC)105

Document Control Number: EPA-HQ-OAR-2012-0934-0070-A1

Comment Excerpt Number: 1

Comment: We support the provisions in §98.3(k)(2) for facilities newly subject to reporting 

requirements due to the revised global warming potentials (GWPs) to begin collecting data on 

January 1, 2014 and then apply for an extension of the use of Best Available Monitoring 

Methods (BAMM) beyond March 31, 2014, if additional time is needed for monitoring systems 

to be installed. We appreciate EPA providing reasonable time to ensure proper data collection. 

However, we strongly urge EPA to finalize these provisions prior to December 31, 2013 in order 

to ensure that facilities have enough time to come into compliance with these provisions.

Response: See response to comment EPA-HQ-OAR-2012-0934-0059-A1, Excerpt 5.

Commenter Name: Pamela F. Faggert, Vice President and CEO

Commenter Affiliation: Dominion Resources Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0073-A1

Comment Excerpt Number: 2

Comment: We Support EPA's Plan to Defer Reporting to the 2014 Reporting Year for Facilities 

that Become Subject to Reporting Due to GWP Increases. Presuming the proposed revisions to 

the MRR are finalized, reporting entities would apply the updated GWPs for calculating 

emissions for the 2013 annual reports due in March 2014. Facilities that become newly subject to 

reporting due solely to the GWP increase would not be required to submit a 2013 report under 

EPA's proposal. These facilities would initiate data collection January 1, 2014 and be allowed 

use of best available monitoring methods (BAMM) for three months. We support this proposed 

approach. Due to implementation logistics for data gathering and facility measurements, it is 

imperative that newly subject facilities not be required to submit a 2013 reporting.

Response: See response to comment EPA-HQ-OAR-2012-0934-0059-A1, Excerpt 5.

 

105 The comments of the American Chemistry Council were also supported by Occidental Chemical Corporation 

(OCC) (EPA-HQ-OAR-2012-0934-0106).
247

35.0 Confidentiality Determinations and Data Category Assignments For 

New or Substantially Revised Data Elements

35.1 Approach to CBI determinations and data category assignments for new or 

revised data elements

Commenter Name: William C. Herz, Vice President, Scientific Programs

Commenter Affiliation: The Fertilizer Institute (TFI)

Document Control Number: EPA-HQ-OAR-2012-0934-0036-A1

Comment Excerpt Number: 11

Comment: EPA proposes to amend 40 CFR §98.266(f)(8) to add a requirement to report the 

number of times missing data procedures were used to estimate the CO2 content of the phosphate 

rock. According to EPA, this requirement, like the one currently contained in (f)(8), will be 

eligible for a confidentiality claim and that such a claim will be evaluated on a case-by-case 

basis.

TFI supports EPA’s position that reporters may claim this data element as confidential.

Response: EPA thanks the commenter for their support.

36.0 Impact of the Proposed Rule

36.1 Comments regarding impacts/burden of new or revised GWPs in Table A-1

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 9

Comment: The Proposed Rule does not calculate the complete cost of amending Table A-1. 

The proposal merely estimates the costs that would be incurred by new reporters, i.e. facilities 

that become subject to the Reporting Rule due to the amended GWP values. 78 Fed. Reg. at 

19839-41. The EPA should also calculate the costs incurred by facilities that become major 

sources of GHGs as a result of the amended GWP values, and solicit public comment on the new 

cost calculations. The costs of performing a PSD review and obtaining a Title V permit are 

substantial. The process of obtaining a synthetic minor permit are lower but not insignificant. In 

addition, some projects will be delayed or modified because of the requirement to obtain a permit 

before commencing construction. These costs are especially significant in cases where a 

company planned and designed a project with the expectation that the facility would be a minor 

source for purposes of PSD, but must now conduct a PSD review because the facility is a major 

source under the new GWP values.

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.
248

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 1

Comment: The proposed change to the Reporting Rule would, on paper, raise the CO2e

emissions of all facilities that emit methane. Some minor source facilities would become major 

sources for purposes of PSD and/or Title V. The owners or operators of these facilities would 

have to obtain Title V, and potentially PSD permits. The expansion of the universe of sources 

subject to permitting requirements and/or regulation as a major source is the most significant 

impact of the Proposed Rule. The applicability of PSD permitting requirements to additional 

sources will delay projects, increase costs, and restrict economic activity. These added burdens 

are unwarranted, particularly in light of the fact that these added burdens are not a response to 

any increase in emissions.

Response: EPA disagrees with the commenter that the Impacts Analysis for the GHG reporting 

rule must include the costs incurred by facilities that become major sources of GHGs as a result 

of the amended GWP values. See Section V.C of the preamble to the final rule for EPA’s 

response to this comment.

Commenter Name: James C. Moore, Manager, Health, Safety, and Environment

Commenter Affiliation: QEP Field Services Company

Document Control Number: EPA-HQ-OAR-2012-0934-0066-A1

Comment Excerpt Number: 4

Comment: Given that the substantive impact of the Proposed Rule is to push additional sources 

above GHG major source thresholds, EPA should fully evaluate that impact. It is not sufficient 

for EPA to state that the Office of Air Quality Planning and Standards “will work with 

permitting authorities and other stakeholders as necessary to provide guidance on their issues and 

concerns.” 78 Fed. Reg. at 19809.Guidance is no substitute for an effective rulemaking. Such 

“issues and concerns” must be addressed through public comment before promulgation of the 

final rule.

Response: EPA disagrees with the commenter that the Impacts Analysis for the GHG reporting 

rule must include the costs incurred by facilities that become major sources of GHGs as a result 

of the amended GWP values. See Sections II.A.2.c and V.C of the preamble to the final rule for 

EPA’s response to this comment.

Commenter Name: Mike Roddy, Director of Environmental Affairs

Commenter Affiliation: Seminole Electric Cooperative, Inc.
249

Document Control Number: EPA-HQ-OAR-2012-0934-0042-A1

Comment Excerpt Number: 3

Comment: If EPA's primary concern is consistency between GHGRP and Inventory reporting, 

that could be achieved by simply converting GHGRP data exactly as EPA is proposing to do for 

historically reported 2010-2012 GHG emissions. This would achieve the consistency EPA seeks 

between GHGRP and Inventory data without creating undue uncertainty and other impacts 

within other regulatory programs. Finally, if EPA is determined to make these revisions, it must 

first provide some meaningful analysis of the impacts on these changes on regulators and 

industry under other affected regulatory programs, instead of simply punting on the issue. See, 

e.g., 78 Fed. Reg. at 19809 ("To the extent that [GWP revisions] . . . raise[] permitting 

implementation questions or concerns, EPA's regional offices and the Office of Air Quality

Planning and Standards, which manage the PSD and title V programs, will work with permitting 

authorities and other stakeholders as necessary to provide guidance on their issues and 

concerns.").

Response: EPA thanks the commenter for their input; however, we are finalizing the 

amendments to Table A-1 as described in Section II.A.1 of the preamble to the final rule. 

Regarding EPA’s use and periodic updating of GWPs, see Section II.A.2.a of the preamble to the 

final rule. Regarding the impacts of the proposed changes to Table A-1 on other affected 

regulatory programs, see Section V.C of the preamble to the final rule.

Commenter Name: Kerry Kelly, Director, Federal Public & Regulatory Affairs

Commenter Affiliation: Waste Management (WM)106

Document Control Number: EPA-HQ-OAR-2012-0934-0041-A1

Comment Excerpt Number: 22

Comment: EPA’s technical corrections recognize that two of the 42 subparts (Subparts W and 

HH), would bear the greatest adverse impact by the change in GWP. A detailed analysis of the 

cost and economic impacts is included in EPA’s Impacts Analysis (docket ID No. EPA-HQOAR-2012-0934-0022). As described below, WM’s review of the Impacts Analysis indicates 

that EPA significantly underestimated both the number of newly subject Subpart HH MSW 

Landfills and the added costs of compliance imposed by these changes on both new and existing 

reporters. 

First, the Impacts Analysis concludes that no closed landfills would be newly impacted by the 

change in GWP and therefore, no closed landfills are included in the cost impact analysis. It is 

unclear how EPA reached this conclusion. Based on a review of our MSW landfills, WM 

identified several closed landfills with methane generations between 21,000 and 24,999 metric 

tons/year CO2e that could exceed the threshold due to the proposed revision of the GWP for 

methane. Although emissions from these landfills are very low and will steadily decline, they

would be pulled into the GHG MRR and required to report for at least three to five years. In 

 

106 The comments submitted by Waste Management were also supported by the Sanitation Districts of Los Angeles 

County (EPA-HQ-OAR-2012-0934-0056-A1).
250

addition, because they are closed, they do not generate revenue to offset new compliance costs, 

and would thus face a significant impact. This situation is also likely to arise for small 

municipalities that own closed facilities. 

Second, we find that EPA has underestimated the cost of complying with the reporting 

requirements under Subpart HH. Table 11 of the Technical Corrections and Tables 4-1 and 6-16 

of the Impacts Analysis state the incremental annual cost impact for new Subpart HH reporters is 

$309,700 or $5,434 per facility for the initial year of reporting and $137,500 or $2,413 per site in 

subsequent years of reporting, in 2011 US Dollars. Based on WM’s three years of reporting 

experience, the actual annual costs to comply with the monitoring recordkeeping and reporting 

requirements are four to five times higher than EPA estimates. WM submitted data on ongoing 

reporting costs to EPA on October 1, 2012. These data showed that the annual cost per landfill 

for subsequent years of reporting was $11,412. This cost estimate does not include the cost of 

responding to EPA questions raised on facility reports that by rule require a facility to respond 

within 45 days, and if applicable, make corrections and re-submit reports. This cost can be 

significant depending on the nature of the EPA inquiry. EPA also did not account for this as part 

of its Impact Analysis. In our previous submission to EPA, we also noted that WM’s costs per 

site is likely to be lower than for smaller companies or even municipalities because as a large 

company, we are able to take advantage of economies of scale in purchasing services and 

equipment. 

Third, EPA failed to recognize that revised GWPs will delay the date by which low-emitting 

MSW landfills can exit the reporting program. Subpart A of the GHG MRR includes provisions 

for facilities to exit the reporting program once actual emissions fall below the 25,000 CO2e

threshold for five consecutive years (see 40 C.F.R. 98.2(i)). The Impacts Analysis estimates 

methane generation at a closed landfill decreases 18% in 5 years, or 3.6% annually. However, an 

increase in GWP from 21 to 25 will increase modeled emissions by 20% and will therefore delay

exit from the reporting program obligations by more than 5 years. Most closed landfills that 

report under the GHG MRR, yet are near the exit threshold, are required to estimate actual 

emissions based on methane generation (Equation HH-5). This is the case because the landfills 

cannot operate active gas collection and control systems without augmenting the system with 

fossil fuel (e.g., propane) because they produce such a low quantity of methane. These older, 

closed landfills, which are actually experiencing decreasing emissions, will be adversely affected 

by the GWP value change and will be trapped in the program for a significantly longer time. 

Both the technical corrections package and the Impacts Analysis conclude that the change in 

GWP will not affect the cost of monitoring and recordkeeping and would not materially affect 

the cost for calculating emissions. This is incorrect. Such delay does have a direct financial 

impact for these facilities. Closed landfills do not generate revenue, yet these facilities will incur 

additional annual compliance monitoring, recordkeeping and reporting costs solely due to the 

change in GWP. 

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.
251

Commenter Name: John Skinner, Executive Director and CEO

Commenter Affiliation: Solid Waste Association of North America (SWANA)

Document Control Number: EPA-HQ-OAR-2012-0934-0067-A1

Comment Excerpt Number: 6

Comment: EPA concluded in its analysis that no closed landfills would be newly impacted by

the change in GWP and therefore, not included in the cost analysis. Data we have received from 

industry representatives clearly show that there are many closed sites with methane generation 

between 21,000 and 24,999 metric tons/year CO2e that could exceed the threshold due to the 

proposed GWP revision. In addition, EPA failed to recognize that revised GWPs will delay the 

date by which low-emitting MSW landfills can exit the reporting program. Bringing new closed 

landfills into reporting and causing delay exiting the program will have a direct financial impact 

for facilities, many of which are small municipalities.

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: David Biderman, General Counsel, Vice President (VP), Government 

Affairs

Commenter Affiliation: National Solid Wastes Management Association (NSWMA)107

Document Control Number: EPA-HQ-OAR-2012-0934-0053-A2

Comment Excerpt Number: 6

Comment: EPA significantly underestimates the number of newly subject Subpart HH 

municipal solid waste (MSW) Landfills, as well as the compliance costs for both new and 

existing reporters, associated with the increase in the GWP for methane. EPA's Impacts Analysis 

fails to recognize that Subpart A of the Reporting Rule includes provisions for facilities to exit 

the reporting program once actual emissions fall below the 25,000 CO2e threshold for five 

consecutive years (see 40 CFR 98.2(i)).

As proposed, the GHG MRR revisions pose a direct financial impact on existing and new 

reporters. Table 11 of the technical corrections and Tables 4-1 and 6-16 of the Impacts Analysis 

state the incremental annual cost impact for new Subpart HH reporters is $309,700 or $5,434 per 

facility for the initial year of reporting, and $137,500 or $2,413 per site in subsequent years of 

reporting, in 2011 US Dollars. Based on our members' reporting experience, the actual annual 

costs to comply with the monitoring recordkeeping and reporting requirements are four to five 

times higher than EPA estimates. An increase in GWP from 21 to 25 will increase modeled 

emissions by nearly 20% and will therefore delay exit from the reporting program obligations by 

more than 5 years for many low-emitting, primarily closed, landfills. Closed landfills do not 

generate revenue, yet these facilities will incur additional annual compliance monitoring, 

recordkeeping and reporting costs solely due to the change in GWP. EPA's Impacts Analysis 

 

107 This comment was also submitted by Stanislaus County, CA., Environmental Resources Department (Docket Id. 

No. EPA-HQ-OAR-2012-0934-0038) and Tetra Tech Bas (Docket Id. No. EPA-HQ-OAR-2012-0934-0086-A2).
252

incorrectly assumed there would be no material financial impact to landfills, particularly closed 

landfills.

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 6

Comment: Republic is concerned that the data source and estimation approach used for impact 

analysis has underestimated the number of landfills that will become subject to Subpart HH. The 

Impact Analysis relies on the 2006 LMOP database information, of which the report recognizes 

does not include small MSW landfills, to determine the number of additional affected MSW 

landfills [docket ID No. EPA-HQ-OAR-2012-0934-0022]. The small MSW landfills are at the 

greatest risk of becoming subject to the rule and would encompass numerous small closed 

landfills that are most likely not a part of the 2006 LMOP database. The reliance of such data to 

conclude there is no impact to closed landfills inaccurately represents the economic and 

regulatory impact to the MSW landfill sector.

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 7

Comment: The Impact Analysis does not recognize the increase cost to MSW landfills due to 

increased reportable CO2e emissions attributed to a higher GWP of methane. On the surface this 

change appears to be only a calculation change not requiring additional monitoring and 

recordkeeping. However the calculations will result in higher emissions that will delay when a 

facility can use the off-ramp provisions included in the GHGRP Subpart A. The ability for 

existing facilities to demonstrate exiting the GHGRP is directly tied to the actual CO2e emission 

that will increase due to a higher methane GWP as indicated in the Impact Analysis. Therefore 

causing a direct financial increase to cost related to extending the number of years a facility is 

required to monitor and report. The delay of exiting the program will have the greatest impact on 

closed smaller MSW landfills where there is no “actual” increase to emissions and the emissions 

are declining each year anyway. The financial cost burden associated with extending the number 

of years required to report is therefore unnecessary and burdensome and should be considered in 

the Impact Analysis.
253

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Niki Wuestenberg, Manager, Air Compliance,

Commenter Affiliation: Republic Services, Inc.

Document Control Number: EPA-HQ-OAR-2012-0934-0057-A1

Comment Excerpt Number: 8

Comment: Republic’s review of the cost impact to comply with the monitoring and reporting 

requirements under Subpart HH indicates that the impact cost is underestimated. The cost impact 

relies on the original Regulatory Impact Analysis for Subpart HH (U.S. EPA, 2009b) and does 

not consider actual cost incurred by reporters over the last three (3) years of reporting. On 

October 1, 2012 as a part of EPA’s process of renewing the Information Collection Request 

(ICR) for the GHGRP, Republic provided a cost analysis that estimated the actual cost to range 

from $10,000 to $15,000 per site based on our reporting experience. This is significantly higher 

than the incremental cost impact provided in Table 11 of the technical corrections and Tables 4-1 

and 6-16 of the Impacts Analysis that state the incremental annual cost impact for new Subpart 

HH reporters is $309,700 or $5,434 per facility for the initial year of reporting and $137,500 or 

$2,413 per site in subsequent years of reporting.

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

108

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 15

Comment: EPA projects the cost for new reporters to comply with these revisions for the first 

year of reporting under Subpart W to be $3,400,000, and for subsequent years to be $860,000. 

No cost impacts are listed for Subparts X, Y, or NN, although EPA is proposing clarification 

revisions for those subparts. (Full analysis of the impacts is provided I the Docket under EPAHQ-OAR-2012-0934. 

EPA’s estimate of the cost implications for new reporters under Subpart W equate to $34,343 per 

reporting facility for the first year, and $8,687 per reporting facility for subsequent years. This 

significantly under-represents the actual cost burden imposed by the GHGRP. API previously 

assessed the costs for reporting under the GHGRP (submitted under Docket EPA–HQ–OAR–

2012–0333) based on surveying member companies on the actual resource requirements of 

complying with the rule. API’s data indicate that for Onshore Production facilities that are 

 

108 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
254

subject to Subpart W reporting, the continuing burden would average close to $ 400,000 (ranging 

from to $25,000 to $ 1,500,000). These represent ongoing annual costs to comply with the 

GHGRP. Costs for the first reporting year would be significantly higher. 

In addition, EPA's cost estimate assumes that this industry sector will incur capital costs, while it 

presumes no O&M costs. In reality, the majority of the costs incurred by oil and natural gas 

industry reporters are O&M costs, through the use of either internal resources or external experts 

to support data collection, data archiving, analysis and reporting functions. 

Response: First, EPA disagrees with the comment that our cost estimates significantly underrepresent the actual cost burden imposed by the GHGRP. We estimated the total cost burden on 

all new subpart W reporting facilities (due to revised GWP) to be $1,648,000 for the first year of 

reporting and $772,000 for subsequent years. These estimates are based on average costs per 

facility that were determined using the number of expected new reporters (due to revised GWP) 

and the original cost analyses we conducted in the Economic Impact Analysis. As stated 

previously in our response to public comments on the Mandatory Greenhouse Gas Reporting 

Rule Subpart W – Petroleum and Natural Gas (see Docket ID No. EPA-HQ-OAR-2009-0923), 

we concluded, after evaluating numerous comments about significantly underestimating subpart 

W reporting burden, that the Agency’s methodology and assumptions used in the Economic 

Impact Analysis were sound and relied on best available data. Therefore, it is reasonable to use 

the Economic Impact Analysis to estimate total cost burden on all new subpart W reporting 

facilities (due to revised GWP). The Economic Impact Analysis provides a reasonable 

characterization of costs and adequate explanation of how the costs were estimated. As we 

discussed in the preamble Section III of the final Part 98, EPA collected and evaluated cost data 

from multiple sources, thoroughly reviewed the input received through public comments, and 

weighed the analysis prepared for the proposal against this input.

Second, with regard to the comment that EPA presumes no O&M costs associated with the 

burden and cost estimates for Subpart W, we responded to a similar comment received in our 

most recent Information Collection Request (see EPA's response to comments on the greenhouse 

gas reporting program renewal ICR dated May 2013 in Docket ID No. EPA-HQ-OAR-2012-

0333). In our response, we acknowledged that there will be continued costs for complying with 

the GHGRP. We also explained that the costs for these activities are included in the burden 

analysis; and the O&M cost of zero represented travel costs of zero associated with complying 

the GHGRP for the onshore production segment. O&M activities that incur costs from employee 

or contractor hours worked are included under the labor hours estimate, not under the O&M 

estimates. Similarly, upkeep and replacement of capital assets are included under the annualized 

capital costs.

Given these considerations, EPA has determined that the costs used in the Economic Impact 

Analysis for the final Part 98 are appropriate for estimate of the total cost burden for new subpart 

W facilities that would be required to report due to revised GWPs. There are no changes to the 

impact analysis as a result of this comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)
255

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 15A

Comment: We support EPA’s efforts to “get it right” when scientific data indicates that

previous estimation methods under- or over-estimate GHG emissions. AF&PA and AWC urge 

EPA, however, to balance these interests against the burden being imposed on the regulated 

community. Every time EPA changes the GWP to be used for reporting emissions of a GHG, 

companies have to expend substantial efforts to revise systems they have developed and put in 

place, often at considerable cost, to collect the required information, apply the GHG emission 

estimation methods EPA requires, and consolidate and report GHG emission estimates to EPA. 

The same is true of changes to other factors used in estimating a facility’s GHG emissions, such 

as default emission factors or high heat values, some of which EPA has proposed to change by 

only a few 100ths of a percent. (The burden would be even greater if sources were required to go 

back and re-calculate all their emissions estimates for past years.) Not only does this impose 

substantial burdens on businesses and public and private institutions, it also introduces the 

potential for errors every time existing reporting systems have to be modified.

Response: Updating the values in Table A-1 to adopt the values from the IPCC AR4 ensures that 

the emissions estimates for these compounds are consistent with best data currently available, 

based on GWP values that are more up-to-date relative to the values previously provided in 

Table A-1. The changes also make the emissions reported under the Part 98 consistent with other 

programs, including the Inventory submitted to the UNFCCC. It is beneficial for both regulatory

agencies and industry to use similar GWPs for these compounds across programs to reduce 

confusion and ensure that GHG emissions are easily compared. As stated in Section II.A.2.a of 

the preamble to the final rule, we do not anticipate updating Table A-1 more frequently than 

once every few years. 

36.2 Comments regarding impacts/burden of the technical corrections

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 15B

Comment: We support EPA’s efforts to “get it right” when scientific data indicates that 

previous estimation methods under- or over-estimate GHG emissions. AF&PA and AWC urge 

EPA, however, to balance these interests against the burden being imposed on the regulated 

community. Every time EPA changes the GWP to be used for reporting emissions of a GHG, 

companies have to expend substantial efforts to revise systems they have developed and put in 

place, often at considerable cost, to collect the required information, apply the GHG emission 

estimation methods EPA requires, and consolidate and report GHG emission estimates to EPA. 

The same is true of changes to other factors used in estimating a facility’s GHG emissions, such 

as default emission factors or high heat values, some of which EPA has proposed to change by 

only a few 100ths of a percent. (The burden would be even greater if sources were required to go 

back and re-calculate all their emissions estimates for past years.) Not only does this impose 
256

substantial burdens on businesses and public and private institutions, it also introduces the 

potential for errors every time existing reporting systems have to be modified.

Response: As EPA stated in the preamble for the proposed amendments (78 FR 19802, April 2, 

2013), the amendments reflect EPA’s engagement with reporters and stakeholders and our 

understanding of the technical challenges and burden associated with implementation of Part 98 

provisions. The changes improve the GHGRP by clarifying compliance obligations and reducing 

confusion for reporters, improving the consistency of the data collected, and ensuring that data 

collected through the GHGRP is representative of industry and comparable to other inventories. 

The proposed changes correct errors, simplify data collection and reporting for reporters, and 

reduce the burden associated with implementing certain provisions of 40 CFR part 98. These 

clarifications and corrections do not fundamentally affect the applicability, monitoring 

requirements, or data collected and reported or increase the recordkeeping and reporting burden 

associated with Part 98. EPA estimated the impacts of the corrections, clarifying, and other 

amendments in the Final Impacts Analysis in Docket ID No. EPA-HQ-OAR-2012-0934 and 

determined that the impacts from these changes was minimal.

With these considerations, the amendments to the final rule do not present an undue burden on 

reporters, but improve the reporting under the GHGRP. 

Commenter Name: Karin Ritter, Manager, Regulatory and Scientific Affairs

Commenter Affiliation: American Petroleum Institute (API)

109

Document Control Number: EPA-HQ-OAR-2012-0934-0047-A2

Comment Excerpt Number: 38

Comment: EPA is neglecting to account for the costs incurred by existing reporters to 

implement changes into their internal reporting systems due to the revised GWP values, revised 

fuel emission factors and heating value factors, and other revisions that will result in changes to 

reporting forms or the xml schema. 

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.

Commenter Name: Paul Noe, Vice President, Public Policy, American Forest & Paper 

Association (AF&PA) and Robert Glowinski, President,

Commenter Affiliation: American Wood Council (AWC)

Document Control Number: EPA-HQ-OAR-2012-0934-0058-A1

Comment Excerpt Number: 16

 

109 The comments of the American Petroleum Institute were also supported by Marathon Oil Company (EPA-HQOAR-2012-0934-0114).
257

Comment: As we understand it, the primary use for GHG emissions reported under the 

Greenhouse Gas Reporting Rule is for comparative purposes—determining trends in GHG 

emissions, comparing U.S. emissions to those of other countries, etc. For those purposes, the 

accuracy of emissions estimates is less important than that they be relatively comparable. 

Additionally, EPA needs to recognize that, of necessity, the precision of individual facility GHG 

emission estimates, much less of national aggregate emissions, is not particularly high. Many of 

the monitoring methods or analytical methods involved in estimating GHG emissions under the 

Greenhouse Gas Reporting Rule may only have a precision of +/- 15 percent or more (such as 

the BOD test), and the emission factors EPA uses in the Rule also are necessarily averages that 

may be substantially higher or lower than the actual emissions from a particular process at a 

particular facility. In that context, making relatively small revisions to the methods for 

calculating estimated GHG emissions is not going to produce a benefit that warrants the 

substantial burden imposed on regulated facilities to adjust to those revisions.

For that reason, AF&PA and AWC suggest that, in the future, EPA not promulgate changes to 

GWPs, nor other changes to the methodologies for estimating GHG emissions in the Greenhouse 

Gas Reporting Rule, if the change is unlikely to produce more than a 5 percent change in 

estimated emissions (nationwide, in the case of something like GWPs, or for the source category, 

in the case of changes to source specific GHG emission estimation methods). This will assure 

that GHG emission estimates are relatively accurate, without requiring regulated facilities to 

make numerous small yet burdensome adjustments to their GHG emission reporting systems that 

will not in fact result in significantly more accurate estimates (especially in light of other sources 

of imprecision and inaccuracy in the emission estimation methods).

Response: See Section V.C of the preamble to the final rule for EPA's response to this 

comment.

37.0 General Comments on the Proposed Amendments

37.1 General support for the amendments

Commenter Name: J. Lisak110

Commenter Affiliation: Mass comment campaign

Document Control Number: EPA-HQ-OAR-2012-0934-0101-A1

Comment Excerpt Number: 1

Comment: With my experience as a farmer, I can assure you we are already experiencing some 

serious issues due to climate change, not only in crop production but also in the migration of 

disease carrying pests. In addition, being from a state that is poised to have 150,000 gas wells 

and that has a history of gas production, I guarantee you that we have a growing problem with 

increasing CO2 and CH4 emissions. 

Response: EPA thanks the commenter for their support.

 

110 The commenter submitted comments under a mass comment campaign. See excerpts for DCN EPA-HQ-OAR2012-0934-0065.
258

Commenter Name: V. Jones110

Commenter Affiliation: Mass comment campaign

Document Control Number: EPA-HQ-OAR-2012-0934-0096-A1

Comment Excerpt Number: 2

Comment: This is absolutely crucial now that we have already reached the 400ppm levels of 

CO2 -we need to do all we can NOW-it is already very late to curb some of the drastic 

consequences of the changes in the climate that our actions are bringing about.

Response: EPA thanks the commenter for their support of the rule.

Commenter Name: L. Usechak110

Commenter Affiliation: Mass comment campaign

Document Control Number: EPA-HQ-OAR-2012-0934-0095-A1

Comment Excerpt Number: 1

Comment: As we are already dealing with the effects of climate change in our ocean and in 

increasingly fierce weather patterns, I appreciate that EPA is updating its GHG RR.

Response: EPA thanks the commenter for their support.

Commenter Name: Anonymous Public Comment111

Document Control Number: EPA-HQ-OAR-2012-0934-0031

Comment Excerpt Number: 1

Comment: The proposed rule should be held in a necessary urgency; the warning of such 

climate effects should be addressed. Although the length of this document is lengthy, nearly 

every revision should be considered to be put into effect.

Response: EPA thanks the commenter for their support.

Commenter Name: D. McKee110

Document Control Number: EPA-HQ-OAR-2012-0934-0108-A1

Comment Excerpt Number: 2

 

111 The commenter submitted comments under a mass comment campaign. See excerpts for DCN EPA-HQ-OAR2012-0934-0065.
259

Comment: With the devastating impacts of climate change increasing every day, I appreciate 

that EPA is updating its GHG RR. At this critical time, it is essential that EPA continue to make 

use of the best available science in its regulatory decisions. Better science leads to better 

reporting. Better reporting leads to better policy decisions, which translates into a better quality

of life for all Americans, now and in the future.

Response: EPA thanks the commenter for their support.

Commenter Name: N. Rapp

Document Control Number: EPA-HQ-OAR-2012-0934-0093-A1

Comment: I am glad you are updating the latest Greenhouse Gas Reporting Rule (GHGRR), 

but you are not doing it in the way it needs to be done!!! YOU ARE NOT INCLUDING THE 

CONTRIBUTION METHANE MAKES TO GLOBAL WARMING!

Response: EPA thanks the commenter for their support of the amendments. For EPA’s response 

to comments related to the GWP for methane, see section 2.8 of this document.

38.0 Out of Scope Comments

38.1 General comments on e-GGRT or reporting questions

Commenter Name: Russell A. Wozniak, EH&S Operations Regulatory Services

Commenter Affiliation: The Dow Chemical Company (Dow)

Document Control Number: EPA-HQ-OAR-2012-0934-0044-A1

Comment Excerpt Number: 4

The e-GGRT reporting tool "times-out" too quickly during periods of inactivity. For more 

complex data entry subparts, this is causing a significant nuisance problem for our reporting 

sites. We request that the system not "time-out" unless there are greater than 15 minutes of 

inactivity. The current system frequently logs the reporting personnel out, and then they must log 

back in.

Response: EPA thanks the commenter for their input; however, this comment is outside of the 

scope of this rulemaking. EPA will consider this comment in future versions of e-GGRT.

Commenter Name: Jennifer Cleary, Director, Regulatory Affairs

Commenter Affiliation: Association of Home Appliance Manufacturers (AHAM)

Document Control Number: EPA-HQ-OAR-2012-0934-0076-A2

Comment Excerpt Number: 5
260

Comment: AHAM notes that because e-GGRT seems to be built on a facility model, it is not 

intuitive for reporters who are not facilities, such as many reporters that report under Subpart 

QQ. For example, when a company is reporting under Subpart QQ as a company, not a facility, 

many of the data inputs that are specific to facilities still appear on the tool. It would be easier if 

e-GGRT could identify a facility versus a company reporter and provide only the data elements 

applicable to each. That would make the process less confusing, and, therefore, less burdensome. 

Response: EPA thanks the commenter for their input; however, this comment is outside of the 

scope of this rulemaking. EPA will consider this comment in future versions of e-GGRT.

38.2 General comments outside of the scope of the amendments

The EPA received the following comments, which do not specifically address the proposed rule 

and are beyond the scope of this rulemaking. Therefore, the EPA is not responding to these 

comments in this document. These commenters also submitted comments through a mass 

comment campaign. See excerpts from DCN EPA-HQ-OAR-2012-0934-0065-A1.

Commenter Name: B. Clark

Document Control Number: EPA-HQ-OAR-2012-0934-0111-A1

Comment: My thinking is that water, our available drinking water, is the most important 

resource to protect. And talking about air pollution when fracking gas wells take millions of 

gallons of water needs to be looked at now. The drilling and fracking must be stopped. I live in 

Fort Worth Texas and we have been invaded and the land, air, water and neighborhoods have 

been raped. It is unbelievable that this continues. Now they are talking about compressing and 

exporting. Does everyone really believe that we should complacently stand by and deplete our 

water supply? It is insanity! Please, please help! Water is our most precious resource. It is 

irreplaceable.

Commenter Name: T. Motes

Document Control Number: EPA-HQ-OAR-2012-0934-0112-A1

Comment: I realize that you are in a difficult position, since the President supports the natural 

gas industry while the EPA is supposed to be regulating greenhouse gases. I know that you know 

that methane is a much more potent greenhouse gas than carbon dioxide, and we need to act 

accordingly. The EPA has been a strong champion of clean air and water, despite massive 

political opposition, and I support what you are doing. But please don't water down the negative 

effects of gas drilling on your Greenhouse Gas Reporting Rule. Pretending gas drilling has less 

of a negative impact on the climate will not make it so. Please take the actual potency of methane 

into account when regulating greenhouse gases.

Commenter Name: G. Hogan

Document Control Number: EPA-HQ-OAR-2012-0934-0092-A1

Comment: The other concern is that release of Methane during the drilling process and 

completion process of shale drilling is unnecessary. There are technologies to prevent these 

releases of Ozone producing methane. The 25 tons per annual does not take into account the 

cumulative effect of hundreds of well sites in dense urban environments. Many times several pad 

sites can be within a mile of any neighborhood such as my own Texas city Fort Worth.
261

Commenter Name: D. Lassaw

Document Control Number: EPA-HQ-OAR-2012-0934-0094-A1

Comment: I can SEE gas wells from my house in so-called pristine Alaska- at least it used to be 

before the filthy gas wells began flaring. They are loud, they smell- AND they use thousands of 

gallons of OUR WATER. not only climate change but all life is in danger from polluted water. 

Please remember this.

Commenter Name: C. Dykstra

Document Control Number: EPA-HQ-OAR-2012-0934-0098-A1

Comment: I’ve been researching fracking since I first saw “Gasland” and began Googling

“fracking” and cities such as “Athens, Ohio” when a giant boulder crushed a home and two cars:

http://www.huffingtonpost.com/2012/03/21/boulder-crushes-2-cars-house_n_1370654.html, and 

“Clintonville, Wisconsin” when people began reporting strange sonic booms:

http://suite101.com/article/clintonville-wisconsin-mysterious-booms-explained-a405227, and 

“Duluth, Minnesota” when normal flooding caused unbelievable sink holes which destroyed the 

town: http://ireport.cnn.com/docs/DOC-805077, and the location of fracking wells whenever outof-control wildfires raged in states such as California and Colorado (always over areas with live 

wells, naturally), and the Bayou Frack-Out: The Massive Oil and Gas Disaster You've Never 

Heard Of: http://truth-out.org/news/item/13136-bayou-frack-out-the-massive-oil-and-gasdisaster-youve-never-heard-of, and the most recent and absolutely devastating explosions that set 

West Virginia and caused untold damage. As scientists have proved, fracking does indeed cause 

Earthquakes... and New York sits on a huge fault line. New York’s entire economy relies upon 

Agriculture (we’re #4 in regard to top agriculture states!) and Tourism. Fracking will destroy 

both. We really must ensure New York is NEVER fracked! With the severe drought which 

affected 61% of the lower contiguous states this past summer, we lost a substantial amount of 

crops. 

Commenter Name: V. Anderson

Document Control Number: EPA-HQ-OAR-2012-0934-0099-A1

Comment: If the FRACKERS are so certain that they will NOT cause any problems then they, 

the FRACKING owners, developers, installers and operators should be freely willing to POST a 

FIVE HUNDRED BILLION DOLLAR ($500,000,000,000) BOND against all environmental 

problems (air, land, and water) and detrimental problems to people, farms, businesses, 

recreational activities, wildlife and homes to the extent as determined by these groups that the 

perpetrators have caused and created any adverse problems.

Commenter Name: G. Seger

Document Control Number: EPA-HQ-OAR-2012-0934-0104-A1

Comment: Fracking Waste Water is toxic killing animals in four hours after drinking and 

getting into the drinking water supply for humans and into the eco-system. Read the report by

Cornell Veterinarian College. Methane Gas is a known, Carcinogenic, Immunotoxicant, 

Neurotoxicant and Pulmonary Toxicant.

Commenter Name: K. Rowlett

Document Control Number: EPA-HQ-OAR-2012-0934-0103-A1

Comment: We do not need fracking of any kind! The natural gas industry possibly should be 

outlawed. If the TVA is being sold, it needs to be to a fully American owned company, and have 
262

a democratic focus. Or possibly, the TVA should be purchased and restructured into The Center 

for Democratic Energy, Environmental Justice, and Civil Rights Cooperative, possibly owned by 

the government but inherently democrat, thus allowing these areas to always, in an uninterrupted 

fashion to have science and more public health in our focus, while shifting the focus from 

Christianity to the right, to Christianity to the left keeping the southern culture intact, and with 

much more environmental health needs, taken into account. We DO NOT NEED the Storm 

Water Authority to take the place of the TVA, now or in the future. It would better, if that were 

the only choice, to retain the TVA, restructured to always, without exception, be much more 

democrat and civil rights in its nature.