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6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2010-0929; FRL- 9801-2]

RIN 2060-AQ81

Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality 

Determinations under the Greenhouse Gas Reporting Program

EO12866_GHGRP Part 98 2060 AQ81 NPRM 20120326

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing amendments to reporting and recordkeeping requirements 

and an alternative verification approach for the Greenhouse Gas Reporting Program. This action 

addresses concerns about the potential release of certain data that are inputs to emission 

equations to be reportedfor which the reporting deadline was deferred until March 31, 2015 

while maintaining the EPA‘s ability to verify emissions and ensure compliance with the 

Greenhouse Gas Reporting Program. In addition, the EPA is proposing confidentiality 

determinations for the newly proposed data elements in this action. 

DATES: Comments. Comments must be received on or before [INSERT THE DATE 60 DAYS 

AFTER PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER]. 

Public Hearing. The EPA will hold a public hearing on this proposed rule if requested. 

Requests for a hearing must be made by [INSERT THE DATE 7 DAYS AFTER 

PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER]. Contact the 

person listed in the ―FOR FURTHER INFORMATION CONTACT‖ section by [INSERT 

THE DATE 7 DAYS AFTER PUBLICATION OF THIS PROPOSED RULE IN THE 

Style Definition ...

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FEDERAL REGISTER] to request a public hearing. If a hearing is requested, the EPA will 

announce the details, including specific dates, times, addresses and contact information for the 

hearing, in a separate Federal Register notice.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2010-

0929, by one of the following methods:

 Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions 

for submitting comments.

 Email: GHGReportingCBI@epa.gov

 Fax: (202) 566–1741.

 Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 

6102T, Attention Docket ID No. EPA–HQ–OAR–2010-0929, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460.

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

Clinton Building West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 

20004. Such deliveries are only accepted during the Docket‘s normal hours of operation, 

and special arrangements should be made for deliveries of boxed information. 

Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2010-0929. The 

EPA‘s policy is that all comments received will be included in the public docket without change 

and may be made available online at http://www.regulations.gov, including any personal 

information provided, unless the comment includes information claimed to be confidential 

business information (CBI) or other information whose disclosure is restricted by statute. 

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Do not submit information that you consider to be CBI or otherwise protected through 

http://www.regulations.gov or email. Send or deliver information identified as CBI to only the 

mail or hand/courier delivery address listed above, attention: Docket ID No. EPA–HQ–OAR–

2010–0929. The http://www.regulations.gov website is an ―anonymous access‖ system, which 

means the EPA will not know your identity or contact information unless you provide it in the 

body of your comment. If you send an email comment directly to the EPA without going through 

http://www.regulations.gov your email address will be automatically captured and included as 

part of the comment that is placed in the public docket and made available on the Internet. If you 

submit an electronic comment, the EPA recommends that you include your name and other 

contact information in the body of your comment and with any disk or CD–ROM you submit. If 

the EPA cannot read your comment due to technical difficulties and cannot contact you for 

clarification, the EPA may not be able to consider your comment. Electronic files should avoid 

the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the http://www.regulations.gov index. 

Although listed in the index, some information is not publicly available, e.g., CBI or other 

information whose disclosure is restricted by statute. Certain other material, such as copyrighted 

material, will be publicly available only in hard copy. Publicly available docket materials are 

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

EPA/DC, EPAWilliam Jefferson Clinton Building West, Room B102, 1301 Constitution Ave., 

NW., Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 

(202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742.
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FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate Change 

Division, Office of Atmospheric Programs (MC–6207J), Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 343–9263; fax 

number: (202) 343–2342; email address: GHGreporting@epa.gov. For technical information, 

contact the Greenhouse Gas Reporting Rule Helpline at: 

http://www.epa.gov/climatechange/emissions/ghgrule_contactus.htm. Alternatively, contact 

Carole Cook at 202–343–9263.

Worldwide Web (WWW). In addition to being available in the docket, an electronic copy 

of this proposal, memoranda to the docket, and all other related information will also be 

available through the WWW on the EPA‘s greenhouse gas reporting rule Web site at 

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

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

SUPPLEMENTARY INFORMATION:

Additional Information on Submitting Comments: To expedite review of your comments 

by Agency staff, you are encouraged to send a separate copy of your comments, in addition to 

the copy you submit to the official docket, to Carole Cook, Climate Change Division, Office of 

Atmospheric Programs (MC–6207J), Environmental Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC, 20460, telephone (202) 343–9263, email 

GHGReportingCBI@epa.gov. 

Regulated Entities. This proposed rule revision on reporting and recordkeeping 

requirements and verification procedures would affect entities that must submit annual 

greenhouse gas (GHG) reports under the Greenhouse Gas Reporting Program (40 CFR part 98). 

The Administrator has determined that 40 CFR part 98 is subject to the provisions of Clean Air 

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Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) 

apply to ―such other actions as the Administrator may determine‖). Entities affected by this 

proposal are owners or operators of facilities that are direct emitters of greenhouse gases 

(GHGs),, which include those listed in Table 1 of this preamble: 

Table 1. Examples of Affected Entities by Category

Category NAICS Examples of affected facilities 

General Stationary Fuel 

Combustion Sources

Facilities operating boilers, process heaters, 

incinerators, turbines, and internal combustion engines.

321 Manufacturers of lumber and wood products.

322 Pulp and paper mills.

325 Chemical manufacturers.

324 Petroleum refineries and manufacturers of coal 

products.

316, 326, 

339

Manufacturers of rubber and miscellaneous plastic 

products.

331 Steel works, blast furnaces.

332 Electroplating, plating, polishing, anodizing, and 

coloring.

336 Manufacturers of motor vehicle parts and accessories.

221 Electric, gas, and sanitary services.

622 Health services.

611 Educational services.

325193 Ethyl alcohol manufacturing facilities.

311611 Meat processing facilities

311411 Frozen fruit, juice, and vegetable manufacturing 

facilities.

311421 Fruit and vegetable canning facilities.

Electricity Generation 221112 Fossil-fuel fired electric generating units, including 

units owned by Federal and municipal governments 

and units located in Indian Country.

Adipic Acid Production 325199 Adipic acid manufacturing facilities.

Aluminum Production 331312 Primary aluminum production facilities

Ammonia 

Manufacturing

325311 Anhydrous and aqueous ammonia production facilities.

Cement Production 327310 Portland Cement manufacturing plants.

Ferroalloy Production 331112 Ferroalloys manufacturing facilities.

Fluorinated GHG 

Production

325120 Industrial gases manufacturing facilities.

Glass Production 327211 Flat glass manufacturing facilities.

327213 Glass container manufacturing facilities.

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Category NAICS Examples of affected facilities 

327212 Other pressed and blown glass and glassware 

manufacturing facilities.

HCFC-22 Production 

and HFC-23 

Destruction

325120 Chlorodifluoromethane manufacturing facilities.

Hydrogen Production 325120 Hydrogen production facilities

Iron and Steel 

Production

331111 Integrated iron and steel mills, steel companies, sinter 

plants, blast furnaces, basic oxygen process furnace 

shops.

Lead Production 331419 Primary lead smelting and refining facilities.

331492 Secondary lead smelting and refining facilities.

Lime Production 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates 

manufacturing facilities.

Magnesium Production 331419 Primary lead smelting and refining facilities.

331492 Secondary lead smelting and refining facilities.

Manure Management 112111

112120

112210 

112310 

112330

112320 

Beef cattle feedlots.

Dairy cattle and milk production facilities.

Hog and pig farms.

Chicken egg production facilities.

Turkey Production.

Broilers and other meat type chicken production.

Municipal Solid Waste 

Landfills

562212

221320

Solids Waste Landfills.

Sewage treatment facilities.

Nitric Acid Production 325311 Nitric acid production facilities

Petrochemical 

Production

32511 Ethylene dichloride production facilities.

325199 Acrylonitrile, ethylene oxide, methanol production 

facilities.

325110 Ethylene production facilities.

325182 Carbon black production facilities.

Petroleum and Natural 

Gas Systems 1

486210 Pipeline transportation of natural gas.

221210 Natural gas distribution facilities.

211 Extractors of crude petroleum and natural gas.

211112 Natural gas liquid extraction facilities.

Petroleum Refineries 324110 Petroleum refineries.

Phosphoric Acid 

Production

325312 Phosphoric acid manufacturing facilities.

Pulp and Paper 

Manufacturing

322110 Pulp mills.

322121 Paper mills.

322130 Paperboard mills.

Silicon Carbide 

Production

327910 Silicon carbide abrasives manufacturing facilities.

Soda Ash 325181 Alkalies and chlorine manufacturing facilities.

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Category NAICS Examples of affected facilities 

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

Titanium Dioxide 

Production

325188 Titanium dioxide manufacturing facilities.

Zinc Production 331419 Primary zinc refining facilities.

331492 Zinc dust reclaiming facilities, recovering from scrap 

and/or alloying purchased metals.

311411 Frozen fruit, juice and vegetable manufacturing 

facilities.

311421 Fruit and vegetable canning facilities.

Wastewater 

TreatmentTreatment1

322110 Pulp mills.

322121 Paper mills.

322122 Newsprint mills.

322130 Paperboard mills.

311611 Meat processing facilities.

311411 Frozen fruit, juice and vegetable manufacturing 

facilities.

311421 Fruit and vegetable canning facilities.

325193 Ethanol manufacturing facilities.

1 The EPA is not proposing amendments related to these categories; however, these categories were evaluated in the 

EPA‘s analysis of the potential impact from the release of inputs to emission equations for which reporting was 

deferred to March 31, 2015. Refer to Section 1.B of this preamble for further discussion of this evaluation.

Table 1 of this preamble is not intended to be exhaustive, but rather provides a guide for 

readers regarding facilities and suppliers likely to be affected by this action. Types of facilities 

other than those listed in this table may also be affected by this action. To determine whether you 

are affected by this action, you should carefully examine the applicability criteria found in 40 

CFR part 98, subpart A or the relevant criteria in the subparts. If you have questions regarding 

the applicability of this action to a particular facility or supplier, consult the person listed in the 

preceding FOR FURTHER GENERAL INFORMATION CONTACT section.

Many facilities that are affected by 40 CFR part 98 have GHG emissions from multiple 

source categories listed in Table 1 of this preamble.

Acronyms and Abbreviations. The following acronyms and abbreviations are used in this 

document.

BAMM Best Available Monitoring Methods

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CAA Clean Air Act

CO2 carbon dioxide

CBI confidential business information

CEMS Continuous Emission Monitoring System

CFR Code of Federal Regulations

e-GGRT Electronic Greenhouse Gas Reporting Tool

EIA Energy Information Administration

EPA U.S. Environmental Protection Agency

FR Federal Register

GHG greenhouse gas

GHGRP Greenhouse Gas Reporting Program

HCFC-22 chlorodifluoromethane

HFC hydrofluorocarbons

HQ Headquarters

ICR Information Collection Request

MW megawatt

NAICS North American Industry Classification System

NTTAA National Technology Transfer and Advancement Act

OMB Office of Management & Budget

RFA Regulatory Flexibility Act

UMRA Unfunded Mandates Reform Act

U.S. United States

WWW Worldwide Web

TABLE OF CONTENTS 

I. Executive Summary and Background

A. Executive Summary

B. Background

C. Subparts Covered in this Proposed Rule

D. Legal Authority

II. Summary of Proposed Changes to Part 98 Reporting and Recordkeeping Requirements

A. Proposed Use of Inputs Verification Tool

B. Proposed Revisions to Reporting of Data Elements Deferred until 2015

C. Proposed Changes to Recordkeeping Requirements

D. Proposed New Data Elements to be Reported

III. Rationale for Proposed Changes to Reporting and Recordkeeping Requirements
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A. Proposed Inputs Verification Tool and Amendment to Reporting Requirements

B. Proposed Revisions to Recordkeeping Requirements

C. Proposed Requirement to Report Additional Data

IV. Confidentiality Determination for Proposed New Data Elements to be Reported

V. Impacts of the Proposed Rule

A. How were the costs of this proposed rule estimated?

B. Additional Impacts of the Proposed Amendments

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 

Improving Regulation and Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments.

G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety 

Risks

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations

I. Executive Summary and Background

A. Executive Summary

B. Background

C. Subparts Covered in this Proposed Rule

D. Legal Authority

II. Summary of Proposed Changes to Part 98 Reporting and Recordkeeping Requirements

A. Proposed Use of Inputs Verification Tool

B. Proposed Revisions to Reporting of Data Elements Deferred until 2015

C. Proposed Changes to Recordkeeping Requirements

D. Proposed New Data Elements to be Reported

III. Rationale for Proposed Changes to Reporting and Recordkeeping Requirements

A. Proposed Inputs Verification Tool and Amendment to Reporting Requirements

B. Proposed Revisions to Recordkeeping Requirements

C. Proposed Requirement to Report Additional Data

IV. Confidentiality Determination for Proposed New Data Elements to be Reported

V. Impacts of the Proposed Rule

A. How were the costs of this proposed rule estimated?

B. Additional Impacts of the Proposed Amendments

VI. Statutory and Executive Order Reviews
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A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 

Improving Regulation and Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments.

G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety 

Risks

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations

I. Executive Summary and Background

A. Executive Summary

The Greenhouse Gas Reporting Program (GHGRP) collects greenhouse gas data from 41 

source categories and currently has tworeceived 2 to three3 years of data from these sources. 

Greenhouse gas emissions from direct emitters are calculated using a variety of methods, 

including direct measurement, mass balance, and the use of emission factors. Reporters not using 

direct measurement must use equations to calculate emissions. The inputs to these emission 

equations often include process or production data that are specific to each facility‘s operations. 

These ―inputs to emission equations‖ play an important role in the Agency‘sEPA‘s ability to 

verify facility-level emissions and ensure compliance with the program.

On July 7, 2010, the EPA proposed confidentiality determinations for the majority of data

elements required to be reported under the GHGRP, as well as for the majority of source 

categories covered by the program. In the July 7, 2010 action, the EPA proposed that data 

elements categorized as ―inputs to emission equations‖ are emission data. The CAA precludes 

―emission data‖ from being treated as confidential.

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Based on subsequent industry concerns regarding the potential release of data elements

categorized as ―inputs to emission equations,‖ the EPA deferred reporting of these data elements 

(see August 25, 2011 final action, 76 FR 53057) to allow the EPA to complete its evaluation of 

the potential impact from the public release of these data elements (see 76 FR 53060, August 25, 

2011) and, if appropriate, to propose amendments to Part 98 (see 75 FR 81355, December 27, 

2010). Based on the analysis conducted, today‘s action proposes amendments to reporting and 

recordkeeping requirements and an alternative verification approach for certain reporters subject 

to 24 subparts with inputs to emission equations for which the reporting deadline for inputs to 

emission equations was deferred until 2015 and disclosure concerns have been identified. 

Proposed amendments include:

 Adding a requirement for certain reporters under certain24 subparts to use an EPAprovided inputs verification tool. The For these subparts, the designated inputs to 

emission equations for these subpartswhich reporting was deferred to 2015 and disclosure 

concerns have been identified would be entered into the tool.1The tool would calculate 

the emissions and perform electronic verification. The tool would not retain the entered 

inputs (i.e., the inputs would not be reported to EPA); instead, itthe tool would conduct 

certain checks (e.g., accuracy of the inputs) at the time of data entry and generate a 

verification summary. The verification summary, which would be accessible to the EPA 

once the annual report is submitted, would provide the EPA with information to conduct 

further verification if necessary.

 

1 Under this proposal, the inputs verification tool would not be required to be used by reporters for any reported GHG for 

which the reporter uses a CEMS or an EPA-approved alternative method (as allowed under sections 98.33(a)(5), 98.53(a)(2), and 

98.223(a)(2) of Part 98) to calculate the reported GHG value, rather than using "inputs to equations" data elements and the 

associated EPA-provided calculation methodologies to calculate the reported GHG value.

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 For reporters required to use the inputs verification tool, changing the required format for 

maintaining records of these inputs to emission equations.

 For reporters required to use the inputs verification tool, lengthening the record retention 

period from 3 to 5 years for all records maintained under Part 98 (including subparts that 

do not require the use of the tool).

 For certain subparts that require thereporters required to use of the inputs verification 

tool, adding new data elements to be reported for the EPA‘s verification purposes, and 

proposing confidentiality determinations for the new data elements proposed to be 

reported.

 For reporters required to use the inputs verification tool, removing the requirement to 

report the inputs to emission equations for which reporting was deferred to 2015 and 

disclosure concerns have been identified, and requiring themthese data to be kept as 

records.

Reporting requirements for inputs to equations for which disclosure concerns were not 

identified (and would still be useful to the EPA) are not proposed to be amended in this action.

For these inputs to equations, the deferral would expire in March 2015, and the EPA would 

collect these data.

The proposed changes in this action build on the EPA‘s experience and success with 

electronic reporting and verification during the first 3 years of the GHGRP. By requiring the use 

of the inputs verification tool, which would calculate GHG emissions based on the inputs to the 

emissions equations, the EPA would have the ability to identify facilities that potentially reported 

emissions incorrectly. This, combined with additional verification checks of the inputs to 

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emission equations that the inputs verification tool would conduct (during the process of 

reporters entering data into the inputs verification tool), would provide the EPA with information 

necessary to conduct further verification once the annual report is submitted. This alternative 

verification approach, including the changes to the recordkeeping requirements and additional 

reporting requirements, would provide an alternative to collecting certain data elements for 

which reporting was deferred to March 31, 2015 and disclosure concerns have been identified,

while maintaining the EPA‘s ability to verify data and ensure compliance with the GHGRP.

B. Background

On October 30, 2009, the EPA published the Greenhouse Gas Reporting Rule, 40 CFR 

part 98, requiring annual reporting of GHG data from a broad range of industry sectors (74 FR 

56260). Under the Greenhouse Gas Reporting Rule and its subsequent amendments (hereinafter 

referred to as ―Part 98‖), the EPA requires annual reporting of data from certain facilities and 

suppliers above specified emission or quantity supplied thresholds. On July 7, 2010 (75 FR 

39094) and subsequent proposals (77 FR 1434, January 10, 2012; 77 FR 10434, February 22, 

2012), we proposed confidentiality determinations for the data elements required to be reported. 

The confidentiality of each reported data element was determined using a two-step approach: (1) 

grouping data elements into 11 data categories (e.g., inputs to emission equations, emissions, and 

unit/process operating characteristics that are not inputs to emission equations for direct emitter 

source categories); and (2) making confidentiality determinations either categorically or on an 

individual data elements basis. Refer to both the July 7, 2010 proposal (75 FR 39097 and 104) 

and the May 26, 2011 final rule (76 FR 30785 - 30786) for more detailed descriptions of this 

process. Refer to the May 26, 2011 final rule also for a discussion of individual data element 

confidentiality determinations. We have finalized confidentiality determinations for data 

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elements except those in the ―inputs to emission equations‖ category (May 26, 2011, 76 FR 

30782; August 13, 2012, 77 FR 48072; and August 24, 2012, 77 FR 51477)2. For data elements 

in this category, we proposed that they meet the definition of ―emission data‖ under 40 CFR 

2.301(a)(2)(i). Because emission data are not entitled to confidential treatment under section 

114(c) of the Clean Air Act, we did not evaluate whether such data elements would qualify as 

CBI, including whether disclosure would likely cause substantial competitive harm to the 

reporting facilities. (75 FR 39105 and 39108, July 7, 2010). 

Following our proposal that data elements assigned to the ―inputs to emission equations‖ 

category are not entitled to confidential treatment, we received numerous industry comments 

asserting that competitive harm would result from public release of many of these data elements. 

We determined that ―these concerns warranted an in-depth evaluation of the potential impact 

from the release of inputs to emission equations.‖ (76 FR 53060;, August 25, 2011). In a notice 

dated December 27, 2010, we issued a call for information (75 FR 81354) requesting additional 

information to assist us in conducting our evaluation. To allow sufficient time to complete this 

evaluation through notice and comment, we deferred the reporting deadline for data elements 

assigned to the ―inputs to emission equation‖ category. Reporting of certain of these data 

elements was deferred to March 31, 2013, as specified in Table A-6 ofto subpart A; and 

reporting of the remainder of these data elements was deferred to March 31, 2015, as specified in 

Table A-7 ofto subpart A (see the August 25, 2011 final rule, 76 FR 5307753057).

Our process for evaluating competitive harm was documented in the final deferral notice 

(76 FR 53057, August 25, 2011, 76 FR 53057) and the accompanying memorandum entitled 

―Process for Evaluating and Potentially Amending Part 98 Inputs to Emission Equations‖ 

 

2 There are a small number of data elements (besides data elements categorized as ―inputs to emission equations‖) for which we 

have not made a final confidentiality determinations because we concluded that a determination of confidentiality for the data 

element should be made on a case-by-case facility basis (according to individual circumstances of the facility).
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(Docket ID EPA-HQ-OAR-2010-0929). As discussed in the final deferral notice and 

memorandum, our evaluation involved a four-step process, as follows: 

 Step 1: Determine whether each data element assigned to the ―inputs to emission 

equations‖ category is already publicly available.

 Step 2: For data elements assigned to the ―inputs to emission equations‖ category that are 

not publicly available, evaluate whether disclosure of the information is likely to result in 

substantial competitive harm.

 Step 3: For data elements assigned to the ―inputs to emission equations‖ category that are 

likely to cause substantial competitive harm if disclosed, evaluate potential alternative 

calculation methods.

 Step 4: For data elements assigned to the ―inputs to emission equations‖ category that are 

likely to cause substantial competitive harm if disclosed, evaluate potential alternative 

verification methods.

Based on each step of the four-step evaluation process, an analysis of all data elements 

for which reporting iswas deferred to March 31, 2015 was conducted.3The results of the analysis 

are documented in four memoranda, as follows:

 ―SummaryEvaluation of Public Availability of Inputs to Emission Equations for 

Whichwhich Reporting was Deferred Untilto March 31, 2015.‖ 

 

3 WeBased on the same four-step process, we also evaluated all data elements for which reporting iswas deferred to 

March 31, 2013 (Part 98 Table A-6) based on the same four-step process to Part 98) and determined thattook no 

further action was necessary. As a result, applicable facilities were required to report these data by April 1, 2013. 

For a discussion of this evaluation, refer to the EPA's memorandum "Summary of Evaluation of Greenhouse Gas 

Reporting Program (GHGRP) Part 98 ―Inputs to Emission Equations‖ Data Elements Deferred Until 2013"

(December 17, 2012), available at http://www.epa.gov/ghgreporting/documents/pdf/2012/documents/2013-inputsmemo.pdf.

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 ―Evaluation of Competitive Harm From Reporting 2015 Inputs to Equationsfrom 

Disclosure of ‘Inputs to Equations‘ Data Elements Deferred to March 31, 2015.‖

 ―SummaryEvaluation of Alternative Calculation Methods.‖ 

 ―SummaryEvaluation of Alternative Verification MethodsApproaches For Greenhouse 

Gas Reporting Rule Subparts for which Reporting of Inputs to Emission Equations was 

Deferred to March 31, 2015.‖ 

These memoranda are available in EPA docket ID No. EPA–HQ–OAR–2010-0929. 

Based on the results of these analyses, the EPA is proposing in today‘s action to make certain 

amendments to Part 98.

C. Subparts Covered in this Proposed Rule

The proposed amendments affect all subparts listed in Table 2 of this preamble. Table 2 

includes most of the subparts of Part 98 with inputs to emission equations for which the reporting 

deadline was deferred until 2015. Subpart W (Petroleum and Natural Gas Systems), 

Subpartsubpart II (Industrial Wastewater Treatment), and subpart C (only certain combustion 

units associated with devicescertain electric generators connected and able to deliver power to 

the local or regional electric power grid, as specified in Table 2) are not included in Table 2 

because none of the inputs to emission equations required to be reported by reporters in these 

source categories are being amended, as no disclosure concerns were identified. Subpart I of part 

98 is not included in Table 2 because reporting of inputs to emission equations under this subpart 

werewas addressed under a separate rulemaking proposed on October 16, 2012 (77 FR 63538). 

Additionally, certainparts of these proposed rule amendments would affect subparts not listed in 

Table 2 as follows:. Specifically, for reporters subject to both a subpart listed in Table 2 and a 

subpart of Part 98 not listed in this table, the proposed revision to the recordkeeping duration 

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would apply to the records required for all Part 98 subparts (to which the reporter is subject). 

Refer to Sections II.C and III.B of this preamble for further discussion of this proposed 

amendment.

Table 2. Subparts Affected by the Proposed Amendments.1,2

Subpart

C—General Stationary Fuel Combustion except 

Certain Specified Stationary Fuel Combustion 

UnitsSources Connected to DevicesCertain 

Electric Generators that are Connected and Able 

to Deliver Power to the Local or Regional Electric 

Power Grid2Grid 3

S—Lime Manufacturing

E—Adipic Acid Production U—Miscellaneous Uses of Carbonate

F—Aluminum Production V—Nitric Acid Production

G—Ammonia Manufacturing X—Petrochemical Production

H—Cement Production Y—Petroleum Refineries

K—Ferroalloy Production Z—Phosphoric Acid Production

L—Fluorinated Gas Production AA—Pulp and Paper Manufacturing

N—Glass Production BB—Silicon Carbide Production

O—HCFC–22 Production and HFC–23 

Destruction

CC—Soda Ash Manufacturing

P—Hydrogen Production EE—Titanium Dioxide Production

Q—Iron and Steel Production GG—Zinc Production

R—Lead Production TT—Industrial Waste Landfills

1 Certain proposed amendments affect other subparts not listed in this table as follows: for reporters subject to both a 

subpart listed in this table and a subpart of Part 98 not listed in this table, the proposed revision to the recordkeeping 

duration would apply to the records required for all Part 98 subparts to which the reporter is subject.

2 Under this proposal, the inputs verification tool would not be required to be used by reporters for any reported 

GHG for which the reporter uses a CEMS or an EPA-approved alternative method (as allowed under 40 CFR

98.33(a)(5), 98.53(a)(2), and 98.223(a)(2)) to calculate the reported GHG value, rather than using "inputs to 

equations" data elements and the associated EPA-provided calculation methodologies to calculate the reported GHG 

value.

3 The stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common 

stacks) not affected by the proposed amendments include those meeting both of the following criteria: (1) the 

stationary fuel combustion source contains at least one combustion unit is connected to a devicefuel-fired electric 

generator that has been granted access by the Public Utilities Commission to deliver power to the local or regional 

electric power grid (e.g., electricity generators excluding generators connected to combustion units that are subject 

to 40 CFR part 98, subpart D of this part); and (2) the combinedstationary fuel combustion source is located at a 

facility for which the sum of the nameplate capacity (capacities for all such devices at the facility excluding 

generators connected to combustion units subject to subpart D of this part)) electric generators is greater than or 

equal to 1 megawatt electric output. Refer to Section III.A.3 of this preamble for a discussion of the EPA‘s rationale 

for proposing that combustion units meeting these criteria not be affected by the proposed amendments.

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D. Legal Authority

The EPA is proposing these rule amendments under its existing CAA authority provided 

in CAA section 114. As stated in the preamble to the 2009 final GHG reporting rule (74 FR 

56260, October 30, 2009), CAA section 114(a)(1) provides the EPA broad authority to require 

the information proposed to be gathered by this rule because such data would inform and are 

relevant to the EPA‘s carrying out a wide variety of CAA provisions. See the preambles to the 

proposed (74 FR 16448, April 10, 2009) and final Part 98 (74 FR 56260, October 30, 2009) for 

further information.

In addition, pursuant to sections 114, 301, and 307 of the CAA, the EPA is proposing 

confidentiality determinations for the new data elements proposed in this notice. Section 114(c) 

of the CAA requires that the EPA make publicly available information obtained under CAA 

section 114 except for information (excluding emission data) that qualifies for confidential 

treatment. The Administrator has determined that this action (Part 98 amendment and 

confidentiality determinations) is subject to the provisions of CAA section 307(d).

II. Summary of Proposed Changes to Part 98 Reporting and Recordkeeping Requirements

The EPA is proposing revisions to the reporting and recordkeeping requirements in Part 

98 and alternative verification procedures that would apply to certain reporters subject to any of 

the 24 subparts listed in Table 2 of this preamble. Section II.A of this preamble summarizes a 

proposed new requirement for these reporters to use an EPA-provided electronic inputs 

verification tool to calculate emissions using data elementsif they use inputs to emission 

equations for which reporting was deferred to March 31, 2015 (hereafter referred to as ―inputs to 

equations‖ data elements),) to calculate reported GHGs. Such reporters would be required to use 

an EPA-provided electronic inputs verification tool to calculate emissions using ―inputs to 

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equations‖ data elements, allowing the EPA to complete electronic verification of reported GHG 

emissions data without the need to collect ―inputs to equations‖ data elements for which 

disclosure concerns have been identified. Section II.B of this preamble summarizes the EPA‘s 

proposal to remove, for these reporters, the requirement to report many ―inputs to equations‖ 

data elements. Section II.C of this preamble summarizes proposed revisions to the recordkeeping 

requirements for these reporters. Section II.D of this preamble summarizes proposed new 

reporting requirements for these reporters. Section III of this preamble explains the rationale for 

the proposed amendments summarized in Sections II.A through II.D. of this preamble. Section 

IV of this preamble presents the EPA‘s proposed confidentiality determinations for proposed 

new data elements and the EPA‘s rationale for these determinations. Section V of this preamble 

presents the cost and impacts associated with these proposed amendments.

A. Proposed Use of Inputs Verification Tool 

The EPA is proposing that facilities subject to the subparts listed in Table 2 of this 

preamble and that use ―inputs to equations‖ data elements to calculate reported GHGs use an 

electronic inputs verification tool being developed by the EPA, which would calculate and verify 

GHG emissions. The Refer to Section III.A.1 of this preamble for a web-link to the EPA‘s 

―pilot‖ inputs verification tool for one subpart of Part 98, available during the public comment 

period for this rulemaking. The ―pilot‖ demonstrates how the tool would be deployedwork within 

the EPA‘s Electronic Greenhouse Gas Reporting Tool (e-GGRT)), as well as the types of 

verification checks that would be conducted. The inputs verification tool would be deployed 

within e-GGRT and would be integrated without interrupting the current electronic reporting 

process. Reporters would While reporters enter data into e-GGRT that are required to be reported 

in the annual report, reporters would also enter into e-GGRT (via the inputs verification tool) the 

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―inputs to equations‖ data elements that the EPA is proposing to remove from the reporting 

requirements into e-GGRT along with the data required to be reported in the annual report.. The 

tool would use the entered ―inputs to equations‖ data elements to calculate the equation outputs, 

conduct electronic verification checks on the ―inputs to equations‖ data elements, and generate a 

verification summary. The tool would not retain the entered ―inputs to equations‖ data elements 

for which the EPA is proposing that the reporting requirement be removed. Accordingly, the 

EPA would not have access to these ―inputs to equations‖ data elements. Instead, the EPA would 

rely on the verification summary, which would become accessible to the EPA when annual 

reports are submitted, as a first step for conducting verification once the annual report is 

submitted.

Sources subject to multiple subparts under Part 98 would be required to use the inputs 

verification tool for only those subparts listed in Table 2 of this preamble. The EPA is proposing 

that reporters use this tool starting with reporting year 2014. Refer to Section III.A of this 

preamble for further discussion of this proposed requirement.

This proposed requirement to use the inputs verification tool is specified in 40 CFR 98.5, 

subpart A. Reporters would determine applicability under this new requirement based on a 

proposed new Table A-8 to Subpart A, which lists all calculation methods under Part 98 for 

which the inputs verification tool must be used. Reporters calculating reported GHGs using a 

calculation method specified in proposed Table A-8 would be required to enter into the inputs 

verification tool ―inputs to equations‖ data elements that have been removed from the reporting 

requirements.

B. Proposed Revisions to Reporting of Data Elements Deferred until 2015
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The EPA is proposing to remove the reporting requirement for 435440 ―inputs to 

equations‖ data elements in the subparts listed in Table 2 of this preamble. Table 3 of this 

preamble provides a summary of how many data elements would be removed from reporting 

perfor each subpart. Refer to Table 1 in the memorandum ―List of  ̳Inputs to Equations‘ Data 

Elements Proposed Not To Be Reported‖ (refer to Docket ID No. EPA–HQ–OAR–2010-0929) 

for a complete list of these 435440 data elements. For all remaining ―inputs to equations‖ data 

elements not represented in Table 3 of this preamble and Table 1 of the memorandum cited 

above, the EPA is not amending these reporting requirements and would, therefore, let the 

deferral of these data elements expire on March 31, 2015. As a result, by March 31, 2015, all of 

the ―inputs to equations‖ data elements for subpart W (Petroleum and Natural Gas Systems), 

Subpartsubpart II (Industrial Wastewater Treatment), and the additional ―inputs to equations‖ 

data elements for which reporting is not proposed to be removed as indicated in Table 3 of this 

preamble, would be reported for future reporting years and for all prior reporting years prior to, 

and, including, reporting year 2014. For a list of these ―inputs to equations‖ data elements that 

would be reported, refer to Table 2 of the memorandum cited above.

Table 3. Subparts Forfor Which Reporting Requirements are Amended

Subpart

Number of ―Inputs to 

Equations‖ Data Elements

Number of ―Inputs to 

Equations‖ Data Elements 

Proposed Not to Be 

Reported

C—General Stationary Fuel 

Combustion Except Certain 

Specified Stationary Fuel 

Combustion UnitsSources

Connected to DevicesCertain 

Electric Generators Connected 

and Able to Deliver Power to 

the Local or Regional Power 

Grid2

261261

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Subpart

Number of ―Inputs to 

Equations‖ Data Elements

Number of ―Inputs to 

Equations‖ Data Elements 

Proposed Not to Be 

Reported

E—Adipic Acid Production 21 11

F—Aluminum Production 29 29

G—Ammonia Manufacturing 8 8

H—Cement Production 16 14

K—Ferroalloy Production 13 13

L—Fluorinated Gas Production 55 46

N—Glass Production 3 3

O—HCFC–22 Production and 

HFC–23 Destruction

15 12

P—Hydrogen Production 7 7

Q—Iron and Steel Production 93 92

R—Lead Production 10 10

S—Lime Manufacturing 9 9

U—Miscellaneous Uses of 

Carbonate

6 6

V—Nitric Acid Production 21 6

X—Petrochemical Production 21 21

Y—Petroleum Refineries 80 7075

Z—Phosphoric Acid Production 4 4

AA—Pulp and Paper 

Manufacturing

31 28

BB—Silicon Carbide 

Production

3 3

CC—Soda Ash Manufacturing 10 4

EE—Titanium Dioxide 

Production

2 2

GG—Zinc Production 8 8

TT—Industrial Waste Landfills 3 3

1 Includes one ―inputs to equations‖ data element, 40 CFR 98.3(d)(3)(v), which is specified in subpart A of partPart

98 and applies to only certain reporters under 40 CFR part 98, subpart C of part 98.

2 The reporting requirements applicable to certain stationary fuel combustion sources (e.g., individual units, 

aggregations of units, common pipes, or common stacks) subject to 40 CFR part 98, subpart C remain the same 

under the proposed amendment. Subpart C would continue to require reporting of all applicable ―inputs to 

equations‖ data elements for stationary fuel combustion unitssources that meet both of the following criteria: (1) the 

stationary fuel combustion source contains at least one combustion unit is connected to a devicefuel-fired electric 

generator that has been granted access by the Public Utilities Commission to deliver power to the local or regional 

electric power grid (e.g., electricity generators excluding generators connected to combustion units that are subject 

to 40 CFR part 98, subpart D of this part); and (2) the stationary fuel combustion source is located at a facility for 
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which the sum of the combined nameplate capacity (capacities for all such devices at the facility excludingelectric

generators connected to combustion units subject to subpart D of this part)) is greater than or equal to 1 megawatt 

electric output. Subpart C reporters would not report ―inputs to equations‖ data elements for all other types of 

stationary fuel combustion unitssources subject to subpart C.

In order to ease the burden for facilities, the EPA is proposing that the ―inputs to 

equations‖ data elements that are not being amended in this action (and therefore would be 

reported for reporting years prior to reporting year 2014 (as described above) be reported as part 

of the annual report for reporting year 2014. Specifically, when reporters prepare their reporting 

year 2014 annual report via e-GGRT, they would be required to include these ―inputs to 

equations‖ data elements for reporting year 2014 as well as for all applicable previous reporting 

years. The annual report, including these ―inputs to equations‖ data elements that would still be 

reported, would be submitted via e-GGRT. This proposed approach would prevent facilities from 

being required to revise, re-certify, and re-submit annual reports for each previous reporting year. 

C. Proposed Changes to Recordkeeping Requirements

For each facility subject to a subpart listed in Table 2 of this preamble, that uses ―inputs 

to equations‖ data elements to calculate and report GHGs (i.e., subject to using the proposed 

inputs verification tool), the EPA is proposing that the facility retain all records, including 

records for subparts not subject to the inputs verification tool requirement, for 5 years, rather 

than the current 3-year record retention period. In other words, if any facility subject to a subpart 

listed in Table 2using the proposed inputs verification tool is also subject to a subpart of Part 98 

not listed in Table 2, we propose that records required for those other subparts also be 

maintained for the 5 years. For example, if such a facility is required to report under both subpart 

C (in Table 2) and subpart HH (not in Table 2), the facility would be required to maintain all 

records required under both subparts for 5 years following submittal of the annual report. The 

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EPA is proposing that this 5-year record retention requirement begin with records for reporting 

year 2010.

Additionally, we are proposing that, at the time a reporter subject to any subpart listed in 

Table 2 of this preambleusing the proposed inputs verification tool completes entry of all ―inputs 

to equations‖ data elements into the inputs verification tool, the reporter would be required to 

keep a file generated by the tool that lists the entered ―inputs to equations‖ data elements. The 

reporter would be required to maintain a copy of the file as a record of the entered inputs. As 

currently required in 40 CFR 98.3(g), subpart A, this file may be maintained in electronic or hard 

copy format. As discussed above, this record would be required to be maintained for 5 years.

Refer to Section III.B of this preamble for further discussion of these proposed 

recordkeeping requirements. 

D. Proposed New Data Elements to be Reported 

The EPA is proposing that reporters subject to using the proposed inputs verification tool 

in subparts E, G, H, P, Q, S, V, X, Y, and AA of Part 98, be required to report the additional data 

elements listed per subpart in Table 4 of this preamble. Proposed confidentiality determinations 

for these proposed data elements are presented in Section IV of this preamble. 

Table 4. Proposed New Data Elements for Subparts E, G, H, P, Q, S, V, X, Y, and AA of 

Part 98

Subpart Subpart Name New Data Element Description

E Adipic Acid Production Annual quantity of cyclohexane fed to all production 

lines (metric tons).

Annual percent N2O emission reduction for all 

production units combined.

G Ammonia Production Annual ammonia production (metric tons).

Annual methanol production (metric tons), if this 

quantity is not reported under subpart X of Part 98. 

H Cement Production Annual clinker production (metric tons).

Annual average clinker CO2 emission factor for the 

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Subpart Subpart Name New Data Element Description

facility, averaged across all kilns (metric tons 

CO2/metric ton clinker produced).

Annual average cement kiln dust (CKD) CO2

emission factor for the facility, averaged across all 

kilns (metric tons CO2/metric ton CKD produced).

P Hydrogen Production Name and annual quantity (metric tons) of each 

carbon-containing fuel and feedstock.

Annual methanol production (metric tons), if this 

quantity is not reported under subpart X of Part 98.

Q Iron and Steel Production If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The annual 

mass (metric tons) of all gaseous, liquid, and solid 

fuels (combined) used in process units specified in 

Equations Q-1 through Q-7 of Part 98subpart Q, 

calculated as specified in a proposed new Equation Q9 of subpart Q in the proposed rule amendments. Do 

not include fuel used in a stationary combustion unit 

where emissions are reported under subpart C of this 

part..

If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The annual 

mass (metric tons) of all non-fuel material inputs 

(combined) specified in Equations Q-1 through Q-7 of 

Part 98subpart Q, calculated as specified in a 

proposed new Equation Q-10 of subpart Q in the 

proposed rule amendments.

If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The annual 

mass (metric tons) of all solid and liquid products and 

byproducts (combined) specified in Equations Q-1 

through Q-7 of Part 98subpart Q, calculated as 

specified in a proposed new Equation Q-11 of subpart 

Q in the proposed rule amendments.

If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The 

weighted average carbon content of all gaseous, 

liquid, and solid fuels (combined) included in 

proposed new Equation Q-9 of subpart Q, calculated 

as specified in a proposed new Equation Q-12 of 

subpart Q in the proposed rule amendments.

If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The 

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Subpart Subpart Name New Data Element Description

weighted average carbon content of all non-fuel inputs 

to all furnaces (combined) included in proposed new 

Equation Q-10 of subpart Q, calculated as specified in 

a proposed new Equation Q-13 of subpart Q in the 

proposed rule amendments.

If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The 

weighted average carbon content of all solid and 

liquid products and byproducts from all furnaces 

(combined) included in a proposed new Equation Q11 of subpart Q in the proposed rule amendments, 

calculated as specified in new Equation Q-14 of 

subpart Q.

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

type.

V Nitric Acid Production Annual percent N2O emission reduction for all 

production units combined.

X Petrochemical Production If using the mass balance method or CEMS method to 

calculate GHG emissions: Name and annual quantity 

(in metric tons) of each carbon-containing feedstock

included in Equations X-1, X-2 and X-3..

If using the mass balance method or CEMS method to 

calculate GHG emissions: Name and annual quantity 

(in metric tons) of each carbon-containing co-product

included in Equations X-1, X-2 and X-3..

Y Petroleum Refineries Annual quantity of flare gas combusted (in MMscf per 

year) (only when using Equation Y-3 of subpart Y).

Annual average molecular weight of flare gas 

combusted (in mmBtu per MMscf) (only when using 

Equation Y-3 of subpart Y).

Annual average carbon content of flare gas combusted 

(expressed as a decimal fraction)(only when using 

Equation Y-3 of subpart Y).

AA Pulp and Paper 

Manufacturing

For each pulp mill lime kiln: Quantity of calcium 

oxide (CaO) produced (metric tons).

For each pulp mill lime kiln: Percent of annual heat 

input, individually for each fossil fuel type.

For each chemical recovery furnace and chemical 

recovery combustion unit for which you are not using 

Equation C-2c of subpart C to calculate CO2

emissions: Annual mass of steam generated (lb 

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Subpart Subpart Name New Data Element Description

steam), individually for each fossil fuel type and for 

spent liquor solids.

For each chemical recovery furnace and chemical 

recovery combustion unit for which you are not using 

Equation C-2c of subpart C to calculate CO2

emissions: Ratio of the unit‘s maximum rated heat 

input capacity to its design rated steam output 

capacity (mmBtu/lb steam), individually for each 

fossil fuel type and for spent liquor solids.

III. Rationale for Proposed Changes to Reporting and Recordkeeping Requirements

Based on the four-step evaluation described in Section I.B of this preamble, in particular 

the disclosure concerns discussed in ―Step 2‖ of the evaluation and the alternatives considered in 

―Step 3‖ and ―Step 4‖ of the evaluation to address those disclosure concerns, the EPA is 

proposing an alternative verification approach. This approach involves use of an inputs 

verification tool and revisions to the reporting and recordkeeping requirements of Part 98. The 

EPA‘s rationale for this approach is presented in Sections III.A through C below. Section III.A 

addresses the proposed inputs verification tool and revisions to the requirement to report certain 

―inputs to equations‖ data elements. Section III.B addresses the proposed revisions to 

recordkeeping requirements. Section III.C addresses the proposed addition of new reporting 

requirements.

A. Proposed Inputs Verification Tool and Amendment to Reporting Requirements

The EPA is proposing that facilities subjectusing ―inputs to equations‖ data elements to 

calculate reported GHGs under the subparts listed in Table 2 of this preamble use an EPAprovided electronic inputs verification tool, which would calculate and verify GHG emissions. 

The inputs verification tool would be deployed within e-GGRT and integrated without 

interrupting the current electronic reporting process. Reporters would enter their ―inputs to 

equations‖ data elements into the tool within the e-GGRT system along with the data required to 

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be reported in the annual report (concurrent entry of ―inputs to equations‖ data elements and data 

required for the annual report would be required starting in reporting year 2014, as further 

discussed in Section III.A.2 of this preamble). As a built-in feature of the e-GGRT system, the 

tool would use the entered ―inputs to equations‖ data elements to calculate the equation outputs, 

conduct electronic verification checks on the ―inputs to equations‖ data elements, and generate a 

verification summary. The tool would not retain the entered ―inputs to equations‖ data elements 

for which the EPA is proposing that the reporting requirement be removed.4 Accordingly, unlike 

data currently reported to the EPA through e-GGRT, the EPA would not have access to these 

―inputs to equations‖ data elements. 

SourcesAny such sources subject to multiple subparts under Part 98 would be required to 

use the tool for only those subparts listed in Table 2 of this preamble, as discussed in the 

following section. 

1. Detailed Description of Inputs Verification Tool.

The EPA‘s current verification approach consists of electronic verification checks 

followed by direct follow-up with facilities. For subparts where the reporting of inputs to 

emission equations has been deferred until 2015, these checks have been conducted using 

reported data other than inputs to emission equations (the reporting of which was deferred). For 

―supplier‖ subparts5(and starting in reporting year 2012 for subparts with inputs to emission 

equations that were deferred until 2013), these checks have been conducted using reported data 

that include the data needed to calculate outputs of the equations. Reporters under the supplier 

subparts have been entering into e-GGRT the data needed to calculate the annual GHG 

 

4

Please see section III.A.3 of this preamble for a discussion on which ―inputs to equations‖ data elements the EPA 

is proposing that the reporting requirements be removed.

5

Supplier subparts (subparts LL through PP of Part 98) apply to fossil fuel suppliers and industrial gas suppliers.

The e-GGRT system currently calculates equation outputs for suppliers using reported equations inputs. Subpart 

MM reporters began using e-GGRT for reporting in Reporting Year 2012.

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quantities. For reporters under the direct emitter subparts listed in Table 2 of this preamble that 

are using ―inputs to equations‖ data elements to calculate reported GHGs, the EPA is proposing 

to use an approach similar to that currently used for the supplier subparts, where ―inputs to 

equations‖ data elements would be entered into the inputs verification tool within e-GGRT and 

used to calculate the annual GHG emission values and verify these emission values. The 

difference, however, is that these ―inputs to equations‖ data elements would be entered into this 

new inputs verification tool within e-GGRT and would not be reported to the EPA. 

To access the inputs verification tool, reporters would log into e-GGRT. They would 

enter data elements required for the annual report as well as their ―inputs to equations‖ data 

elements. The tool would operate securely within e-GGRT, as a transient process, which means 

that ―inputs to equations‖ data elements (for which the EPA is proposing that the reporting 

requirement be removed) entered into the tool would be temporarily saved in the tool while the 

reporter is actively using the tool, but would not be persisted (i.e., saved) within the e-GGRT 

database. The ―inputs to equations‖ data elements would be discarded when the user‘s session 

with e-GGRT ends. Refer to the memorandum ―Technical Approach and Design for Inputs 

Verification Tool‖ (refer to Docket ID No. EPA–HQ–OAR–2010-0929) for a detailed 

description of EPA‘s technical approach and design for the inputs verification tool. The 

memorandum describes how the inputs verification tool would use entered data only during the 

reporters‘ e-GGRT session and would delete all records of entered data when the reporters exits 

the system.

If the reporter exits the inputs verification tool prior to completing data entry or 

submitting their annual report, the tool would generate a file of entered ―inputs to equations‖ data 

elements, and allow the reporter to download the file. This file could then be uploaded into the 
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tool when the reporter next uses the tool. to continue with data entry for the same reporting year.

This would avoid facilities from needing to re-enter ―inputs to equations‖ data elements that 

were entered in previous e-GGRT sessions.

After the reporter enters the ―inputs to equations‖ data elements into the inputs 

verification tool, the tool would calculate the annual GHG emissions values. The tool would use 

the following information in calculating these values: (1) ―inputs to equations‖ data elements (for 

which reporting under this action is proposed to be removed) entered into the tool, (2) ―inputs to 

equations‖ data elements entered into e-GGRT (not into the inputs verification tool) (refer to 

Section III.A.3 of this preamble for a discussion of the ―inputs to equations‖ data elements that 

would still be reported under this proposal), (3) information entered into e-GGRT identifying 

which Part 98 calculation method was selected (if applicable), and (4) the selected Part 98 

calculation method. Once the annual GHG emissions values are calculated, the values would be 

pre-filled into the appropriate reporting fields within e-GGRT. Reporters would then have the 

opportunity to override the annual GHG emissions values calculated by the tool with their own 

calculated value. If the reporter chose to override the calculated value, this would be reflected in 

the verification summary.

Prior to annual report submittal, the inputs verification tool would conduct a series of 

verification checks, including the following:

 Verification checks on the annual GHG emission values calculated by the inputs 

verification tool. As mentioned above, reporters would have the opportunity to override 

and revise the value calculated by the tool; however should this occur, the tool would 

note a discrepancy, which would prompt the EPA for further review after the reporter 

submits the annual report. 

 Verification checks on entered ―inputs to equations‖ data elements. For example, the tool 

would check: (1) whether all required data were entered; (2) whether entered ―inputs to 

equations‖ data element values are within the expected ranges for the data elements; and 

(3) whether expected relationships exist between certain ―inputs to equations‖ data 
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elements and certain other reported data elements (e.g., process raw material or 

throughput data that are not ―inputs to equations‖ data elements).

Some of these checks would be conducted as the reporter enters ―inputs to equations‖ 

data elements (i.e., using ―real-time‖ checking), and other checks would be conducted after the 

reporter has entered all ―inputs to equations‖ data elements, because some algorithms may 

compare certain ―inputs to equations‖ data elements (e.g., production quantity) to GHG emission 

values at the subpart or facility level. 

Also, prior to submittal of the annual report, the inputs verification tool would generate a 

verification summary containing the results of the verification checks. The verification summary 

would specify whether any potential errors, as described above, were identified, without 

specifying any information about the ―inputs to equations‖ data elements. The reporter would 

have an opportunity to review the verification summary and make necessary revisions to the 

entered ―inputs to equations‖ data elements and the reported data elements. 

For example, a facility subject to subpart G that manufactures ammonia using liquid and 

solid feedstocks is currently required under 40 CFR 98.76(b)(1) to report annual CO2 process 

emissions for each ammonia manufacturing unit. Currently, the reporter calculates this reported 

annual GHG emissions value outside of e-GGRT (e.g., using a calculator or computer software),

using Equations G-2, G-3, and G-4 of Part 98, and monthly values for the following ―inputs to 

equations‖ data elements: quantity of liquid feedstock, quantity of solid feedstock, carbon 

content value for liquid feedstock, and carbon content value for solid feedstock. We are 

proposing that the reporter instead calculate this reported annual GHG emissions value using the 

inputs verification tool, which not only would use the same equations and data for calculation, 

but would also conduct verification checks, as follows:

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 The reporter would enter all 48 ―inputs to equations‖ data elements‖ into the inputs 

verification tool (i.e., monthly values for all four ―inputs to equations‖ data elements).

 The reporter would use the inputs verification tool to calculate annual CO2 process 

emissions. In calculating this value, the tool would use Equations G-2, G-3, and G-4 of 

Part 98 and the 48 ―inputs to equations‖ data element entries.

 Once the annual CO2 process emissions value is calculated, the inputs verification tool 

would automatically conduct verification checks on the 48 entered ―inputs to equations‖

data elements. For example, the tool might conduct the following checks: 

 - Real-time checks that all 48 ―inputs to equations‖ data elements were entered.

 - Real-time checks that each of the 12 entered values for carbon content of liquid 

feedstock is within the expected range for carbon content of liquid feedstock (based 

on industry-wide data). The tool would conduct similar comparisons for the 12 

entered ―inputs to equations‖ data elements for the carbon content value for solid 

feedstock.

 - Run an algorithmAlgorithm check comparing each of the 12 entered values of the 

quantity of the liquid feedstock to all monthly values entered for the year, to 

determine if individual values are within an expected range established using all 12 

values. The tool would conduct similar comparisons for the 12 entered ―inputs to 

equations‖ data elements for the quantity of solid feedstock. This type of check would 

be conducted after the reporter has entered all ―inputs to equations‖ data elements.

 Prior to annual report submittal, the inputs verification tool would automatically generate 

a verification summary, which would flag any potential errors, providing an opportunity 

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for the reporter to review the verification summary and revise entered data. The 

verification summary would note if the reporter has overridden any of the annual GHG 

emissions values calculated by the tool. After the reporter completes all revisions to data 

entries, the tool would automatically re-generate the verification summary prior to annual 

report submittal. The EPA would access the verification summary (i.e., the same final 

summary viewed by the reporter) following annual report submittal and certification.

 The inputs verification tool would also generate a file listing the entered ―inputs to 

equations‖ data elements (for which the EPA is proposing to remove the reporting 

requirements) to be kept by the reporter and maintained as a record in a format currently 

allowed under Part 98 (see 40 CFR 98.3(g), subpart A). Refer to Section III.B of this 

preamble for further discussion of this proposed amendment and the EPA‘s rationale for 

requiring this record.

The EPA has developed a ―pilot‖ inputs verification tool for one subpart of Part 98, 

subpart CX, which will be posted at 

http://www.epa.gov/ghgreporting/reporters/training/rulepilot.html, to demonstrate how the tool 

would work within e-GGRT, as well as the types of verification checks that would be conducted. 

The EPA seeks comment on the usability of the tool as well as its ability to conduct verification 

on the ―inputs to equations‖ data elements. The EPA also seeks comment on additional 

approaches considered by the EPA for implementation of the inputs verification tool; refer to the 

memorandum ―Evaluation of Alternative Verification Approaches for Greenhouse Gas 

Reporting Rule Subparts for which Reporting of Inputs to Emission Equations was Deferred to 

March 31, 2015‖ (refer to Docket ID No. EPA–HQ–OAR–2010-0929) for a description of these 

additional approaches considered. 

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2. Rationale Supporting the Use of the Inputs Verification Tool as an Alternative to Collecting 

Certain ―Inputs to Equations‖ Data Elements for Verification Purposes.

In the October 30, 2009 final rule (74 FR 56282 – 56283), the EPA described its 

verification approach as the following two-step process:

 Initial automated review of reported data, using an electronic data quality assurance 

program built into the data system, for use by reporters and the EPA to help assure the 

completeness and accuracy of data. 

 Based on the initial review results, follow up with facilities regarding potential errors, 

discrepancies, or questions, including on-site audits. 

The EPA is currently using the two-step verification process of automated verification 

checks followed by direct follow-up with facilities to verify data currently reported via e-GGRT. 

The EPA is proposing to supplement the current verification approach for facilities 

reportingusing ―inputs to equations‖ data elements to calculate reported GHGs under the 

subparts listed in Table 2 of this preamble using the additional checks that would be conducted 

by the inputs verification tool. During the first 3 years of the Greenhouse Gas Reporting Program

(GHGRP),GHGRP, the EPA has had success developing and using an electronic reporting and 

verification system for all subparts reporting under the program. During reporting year 2010, the 

EPA developed approximately 1,400 electronic verification checks to verify reported data. Based 

on these verification checks, the EPA followed up with approximately 2,360 of the 

approximately 6,700 facilities that reported in reporting year 2010, resulting in approximately 

2,300 facilities resolving verification issues by responding to the EPA and/or resubmitting their 

annual report. In reporting year 2011, the EPA programmed an additional 1,000 checks into eGGRT for the subparts that were reporting for the second year, expanding the number of checks 

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to 2,400. The EPA also programmed into e-GGRT, for 2011, approximately 1,300 checks for the 

newly-reporting subparts. During reporting year 2011, the EPA followed up with approximately 

3,440 of the approximately 8,000 facilities that reported, resulting in approximately 3,000 

facilities resolving their verification issues. 

For example, for subpart H, the EPA verifies reported GHG emissions data using: (1) 

reported cement production data and (2) publicly available industry data on GHG emissions. 

Using these data, the EPA has established ranges of acceptable production and emission values 

and set up algorithm checks for reported GHG emission values.

The electronic checks used by the GHGRP have served as a means for the EPA to verify 

reported data while minimizing the burden on both the EPA and reporters. Electronic verification 

is a critical first step to ensuring the completeness and accuracy of reported data and reducing the 

costs of compliance monitoring.

The inputs verification tool described in Section III.A.1 of this preamble utilizes the same 

approach that the EPA currently uses for calculating and verifying data submitted for supplier 

subparts (and starting in reporting year 2012, inputs to emission equations whose reporting 

deadline was deferred until 2013), except that e-GGRT would not retain the ―inputs to 

equations‖ data elements entered into the tool. Once the annual report is submitted, the EPA 

would review the verification summary generated by the inputs verification tool, along with 

verification summaries that are currently generated using data currently collected through the 

annual report. By requiring use of the inputs verification tool, the EPA would have the additional 

certainty that reported annual GHG emissions values either were calculated correctly (because 

the values calculated by the tool were submitted to the EPA) or that the EPA would be made 

aware that there were discrepancies between values calculated by the tool and values submitted 
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to the EPA. That additional certainty, combined with the additional information provided by the 

range and algorithm checks on the ―inputs to equations‖ data elements themselves, would 

provide the EPA with information necessary to conduct further verification once the annual 

report is submitted.

If a potential error with one of the ―inputs to equations‖ data elements or with an annual 

GHG emissions value were identified in the verification summary generated by the inputs 

verification tool, the EPA would likely follow up with the facility to determine whether an actual 

error has occurred. While this verification approach may result in more direct follow-up with 

facilities than if the ―inputs to equations‖ data elements were submitted to the EPA, this 

approach would facilitate verification by identifying potential errors and minimizing the number 

of errors before annual reports are submitted. In addition, as discussed elsewhere in the 

preamble, the EPA is retaining the reporting requirement for ―inputs to equations‖ data elements 

for which our four-step evaluation did not identify disclosure concerns and is proposing to 

require reporting of additional new data elements to assist the EPA‘s verification effort. These 

―inputs to equations‖ data elements for which reporting would be retained and these proposed 

new reported data elements would allow the EPA to conduct additional verification and 

minimize the number of follow-ups with facilities. LastlyLastly, for the reasons specified in 

Section III.B of this preamble, the EPA is proposing that facilities retain records for 5 years, 

which would allow the EPA time to perform any necessary follow-up with reporters. For the 

reasons stated above, the EPA has determined that the proposed verification approach would be 

adequate to verify the reported emissions for reporters using ―inputs to equations‖ data elements 

to calculate reported GHGs under the subparts identified in Table 2 of this preamble and is a 
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reasonable alternative to collecting ―inputs to equations‖ data elements for which we have 

identified disclosure concerns.

The EPA is proposing to require the use of the inputs verification tool starting inwith

reporting year 2014. The inputs verification tool is designed to be used concurrently with annual 

reporting by facilities. By the time the EPA takes any final action on this proposed amendment, 

reporters would have likely have already submitted annual reports for reporting years 2010 

through 2013. While additional verification could be conducted on the past years‘ data if the 

inputs verification tool were used for these years, given that most of the data would likely 

already have been published and that the use of best available monitoring methods (BAMM) for 

these sectors is relatively low during these years, the EPA has determined that the added benefit 

does not outweigh the burden that would be required for facilities to use the inputs verification 

tool for years prior to reporting year 2014.

3. Reporting of 435440 ―Inputs to Equations‖ Data Elements Would Not Be Necessary With the 

Proposed Verification Approach.

The EPA is proposing to remove the reporting requirement for 435440 ―inputs to 

equations‖ data elements that are in the subparts listed in Table 2 of this preamble. With the 

proposed alternative verification approach described in Section III.A.2 of this preamble, the EPA 

would no longer need to rely on the collection of these ―inputs to equations‖ data elements to 

verify emissions under those subparts. Not having these data elements reported would address 

concerns relative to potential disclosure of these data elements.6These 435440 data elements are 

 

6WeFor 23 of these ―inputs to equations‖ data elements, we are proposing to remove the reporting requirement for 

certain ―inputs to equations‖ data elements because, while there is not a disclosure concern, the EPA determined that 

these data elements would not be useful for data verification and would not inform future GHG policy development 

in the absence of other data elements for which we are proposing to remove the reporting requirement. See section 

III.A.3 of this preamble for additional discussion on this topic.

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specified in Table 1 of the memorandum ―List of Inputs to Equations Data Elements Proposed 

Not To Be Reported‖ (refer to Docket ID No. EPA–HQ–OAR–2010-0929).

The 435440 ―inputs to equations‖ data elements for which the EPA is proposing to 

remove the reporting requirement must be maintained on-site as records. Because Part 98 already 

requires these ―inputs to equations‖ data elements to be kept as records (see 40 CFR 98.3(g)(2), 

which states that ―the data used to calculate the GHG emissions for each unit, operation, process, 

and activity, categorized by fuel or material type‖ must be kept as records), the EPA is not 

proposing in this action to movespecify each of the 435440 ―inputs to equations‖ data elements 

toin the recordkeeping requirementssection of each subpart. The EPA considered whether 

movingspecifying each of these ―inputs to equations‖ data elements toin the recordkeeping 

requirementssections of each subpart would improve the clarity of the specific records that 

would be required to be retained. Because the EPA is proposing that the ―inputs to equations‖ 

data elements that would not be reported must be kept as records in the format generated by the 

inputs verification tool (i.e., file for downloading or printing), the EPA determined that the data 

that must be kept as records would be sufficiently clear. The EPA seeks comment on whether 

additional specificity within the recordkeeping requirements of each subpart would improve the 

clarity of the specific records that are required to be retained. 

For the purposes of clarifying which data elements must be reported for previous 

reporting years 2010 through 2013, we are proposing to revise Table A-7 of Part 98to Subpart A

to remove all 435440 data elements for which reporting is proposed to be removed. To be 

consistent with a separate action that is proposing to remove additional ―inputs to equations‖ The

data elements from Part 98 (40 CFR 98.256(o)(6) and (o)(7))), we that are also proposing to 

remove these additional data elementsnot being removed from Table A-7. For the EPA‘s 

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rationale would continue to be reporting requirements, and would be reported for removing these

additional data elements from Part 98, refer to the preamble to the April 2,previous reporting 

years 2010 through 2013 proposal, ―2013 Revisions to the Greenhouse Gas Reporting Rule and 

Proposed Confidentiality Determinations for New or Substantially Revised Data Elements,‖ (78 

FR 19802)., as appropriate.

The EPA is retaining reporting of 153170 ―inputs to equations‖ data elements.7These 

153Refer to Table 2 in the memorandum ―List of  ̳Inputs to Equations‘ Data Elements Proposed 

Not To Be Reported‖ (refer to Docket ID No. EPA–HQ–OAR–2010-0929) for a complete list of 

these 170 data elements. The 170 ―inputs to equations‖ data elements include certain ―inputs to 

equations‖ data elements for the subparts listed in Table 3 of this preamble, as well as all ―inputs 

to equations‖ data elements for subparts C (only for certain specified stationary fuel combustion 

unitssources connected to a devicecertain electric generators that deliversdeliver power to the 

local or regional electric power grid)

8

, W, and II of part 98. For these ―inputs to equations‖ data 

elements, the EPA is not amending these reporting requirements and would therefore let the 

deferral of these data elements expire on March 31, 2015. As a result, these ―inputs to equations‖ 

data elements would be reported for future reporting years starting with reporting year 2014, as 

well as for previous reporting years (i.e., reporting years 2010 through 2013). Based on ―Step 2‖ 

of our evaluation described in Section I.B of this preamble, these data elements would not raise 

 

7 These 153170 ―inputs to equations‖ data elements include: (1) nine ―inputs to equations‖ data elements in subpart 

L of part 98 that are not being addressed in this rulemaking andbecause they will be addressed in a separate action 

related to subpart L; and (2) five ―inputs to equations‖ data elements in subpart Y of part 98 that were proposed in 

the April 2, 2013 rulemaking (78 FR 19802) to be removed from reporting.

8 Refers to stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or 

common stacks) subject to subpart C of Part 98 meeting both of the following criteria: (1) the stationary fuel 

combustion source contains at least one combustion unit is connected to a devicefuel-fired electric generator that has 

been granted access by the Public Utilities Commission to deliver power to the local or regional electric power grid 

(e.g., electricity generators excluding generators connected to combustion units that are subject to subpart D of this 

part); and (2) the combinedstationary fuel combustion source is located at a facility for which the sum of the

nameplate capacity (capacities for all such devices at the facility excluding generators connected to combustion units 

subject to subpart D of this part)) electric generators is greater than or equal to 1 megawatt electric output.

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disclosure concerns. Having these data elements reported would allow the EPA to do additional 

verification, including conduct year-to-year comparisons, thereby reducing the amount of direct 

follow-up required with facilities. For the reason stated above, collecting these data elements, 

even in the absence of collecting all ―inputs to equations‖ data elements, would aid in the 

verification process.

The EPA identified 23 ―inputs to equations‖ data elements for which disclosure concerns 

were not identified based on ―Step 2‖ of our evaluation; however, the EPA is not retaining these 

reporting requirements. The EPA determined that these 23 data elements would not be useful for 

data verification and would not inform future GHG policy development in the absence of other 

―inputs to equations‖ data elements for which the reporting requirement is proposed to be 

removed under this action. Examples of these 23 ―inputs to equations‖ include reporting the 

selected default molar volume conversion factor and reporting the units of measure of a sitespecific emission factor. These ―inputs to equations‖ are identified in the memorandum ―List of 

 ̳Inputs to Equations‘ Data Elements Proposed Not To Be Reported‖ (refer to Docket ID No. 

EPA–HQ–OAR–2010-0929).

Regarding the 153170 retained ―inputs to equations‖ data elements, for reporting year 

2014 and thereafter, reporters would enter the 153170 ―inputs to equations‖ data elements for 

which we are retaining the reporting requirement into e-GGRT. Starting in reporting year 2014, 

the e-GGRT system would retain these 153170 data elements as part of the annual report and

they would be accessible by the EPA once the reporter submits the annual report. In order to ease 

the burden on facilities, for reporting years prior to reporting year 2014, the EPA is proposing 

that these reported ―inputs to equations‖ data elements be submitted as part of the reporting year 

2014 annual report. ThisSpecifically, when reporters prepare their reporting year 2014 annual 
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report via e-GGRT, they would be required to include these ―inputs to equations‖ data elements 

for reporting year 2014 as well as for all applicable previous reporting years. The annual report, 

including these ―inputs to equations‖ data elements would be submitted via e-GGRT. This 

approach would prevent facilities from being required to revise, re-certify, and re-submit annual 

reports for reporting years 2010, 2011, 2012, and 2013.

The proposed revisions to the current reporting requirements would apply to all reporters 

subject to the subparts listed in Table 2 of this preamble, including subpart C., and using ―inputs 

to equations‖ data elements to calculate reported GHGs. However, as noted in Table 2, we are 

not proposing to amend the reporting requirements for stationary fuel combustion unitssources

subject to subpart C (e.g., individual units, aggregations of units, common pipes, or common

stacks) that meet the following criteria: (1) the stationary fuel combustion source contains at least 

one combustion unit is connected to a devicefuel-fired electric generator that has been granted 

access by the Public Utilities Commission to deliver power to the local or regional electric power 

grid (e.g., electricity generators excluding generators connected to combustion units subject to 

subpart D of this part); and (2) the combined nameplate capacity (for all such devices at the 

facility excluding generatorsthat are connected to combustion units subject to subpart D of this 

part) ); and (2) the stationary fuel combustion source is located at a facility for which the sum of

nameplate capacities for all such electric generators is greater than or equal to 1 megawatt 

electric output. The ―inputs to equations‖ data elements for these stationary fuel combustion 

unitssources are among those that did not raise disclosure concerns under ―Step 2‖ of our 

evaluation of the ―inputs to equations‖ data elements (refer to Section I.B of this preamble for a 

discussion of the EPA‘s four-step evaluation). Refer to the memoranda documenting ―Step 2‖ of 

our evaluation, ―Evaluation of Competitive Harm From Reporting 2015 Inputs to Equations‖ 
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(Docket ID No. EPA–HQ–OAR–2010-0929), for further information on the results of the 

analysis for these stationary fuel combustion unitssources. 

Reporters currently reporting emissions for stationary fuel combustion unitssources under 

subpart C have the option to utilize one or more of the reporting options under subpart C that 

allow the grouping of stationary combustion units for the purpose of monitoring, calculating, and 

reporting emissions. The EPA recognizes that stationary combustion units grouped in these 

reporting configurations could include both combustion units associated with devices that can 

produce electricityelectric generators (excluding generators connected to combustion units 

subject to subpart D) (connected to the grid and not connected to the grid) and combustion units 

not associated with devices that can produce electricity.electric generators (excluding generators 

connected to combustion units subject to subpart D). In these cases where combustion units are 

grouped, the EPA has determined that there would be no disclosure concerns with reporting of 

―inputs to equations‖ data elements for the grouped combustion units. In reporting combined 

data for multiple units including those associated with a device capable of producing 

electricityan electric generator and subject to reporting under this proposed action, no unitspecific data would be revealed. Furthermore, should a facility not wish to disclose aggregated 

data, it would have the option to calculate and report emissions using one of the individual unit 

reporting configurations. The EPA seeks comment on this conclusion. If you believe that there 

are any disclosure concerns, please provide detailed information about the concern, as well as 

whether reporting on an individual unit basis is a feasible reporting option.

Additionally, the EPA is proposing to revise two paragraphs (40 CFR 98.116(e)(6) and 

40 CFR 98.186(b)(8)) that reference other paragraphs that include ―inputs to equations‖ data 

elements proposed to be removed from Part 98. As a result, we are proposing to remove the cross 
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reference while carrying over the substantive information in order to maintain the requirements 

in these paragraphs.

The EPA requests comment on the proposed inputs verification tool and verification 

approach, and the associated revision to the current reporting requirements as described in this 

section. 

B. Proposed Revisions to Recordkeeping Requirements

Given the proposed verification approach described in Section III.A of this preamble, the 

EPA considered whether the current record retention period and record format requirements 

would be sufficient to allow the EPA to perform data verification. We considered:

 The time we would need to follow up with reporters to further verify reported GHG 

emissions.

 The desirability of retaining multiple years of data records to allow for appropriate 

assessment of compliance and for analyses of trends for policy analysis purposes.

 The format of records, and whether the current format would be adequate for our 

verification process. For example, we considered whether records of ―inputs to 

equations‖ data elements contained in multiple separate documents (as currently allowed 

under Part 98) would allow an EPA inspector to efficiently analyze the consistency of the 

data elements and use the data elements to perform calculations to confirm reported GHG 

emissions.

Because there may be more direct follow-up activities under this alternative verification 

approach, we are proposing to extend the record retention period from 3 to 5 years. We have 

determined that 5 years is reasonable given the large number of reporters under the subparts 

identified in Table 2 of this preamble (over 2,000 facilities) and the likely increase in follow-up 

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activities. It would be important that relevant records are available to the EPA for follow-up 

activities with facilities, including on-site audits if necessary, regarding potential errors, 

discrepancies, or questions. Should an EPA inspector visit a facility, it would be important to be 

able to examine not only the current year‘s records but those from previous years as well, 

because previous years‘ data would provide year-to-year comparisons, which are useful for 

verifying the current year‘s data. A 5-year record retention period would ensure the availability 

of relevant records for the follow-up activities described above. The EPA is proposing that this 

5-year record retention requirement begin with records for reporting year 2010, as discussed in 

Section III.A.12 of this preamble.

TheFor reporters subject to using the proposed inputs verification tool, the EPA is 

proposing to extend the record retention period not only for the subparts listed in Table 2 of the 

preamble, but also for other subparts that apply to reporters subject to a subpart in Table 2. 

Under this proposal, aany such facility subject to both a subpart listed in Table 2 of this preamble 

and a subpart not listed in Table 2 would be required to maintain all records required under both 

subparts for a period of 5 years. For example, if a facility is required to report underuse the 

proposed inputs verification tool under both subpart C (in Table 2) and to report under subpart 

HH (not in Table 2), the facility would be required to maintain all records required under both 

subparts for 5 years. The EPA is proposing these provisions for two reasons. First, the EPA 

determined that during a site visit, if questions arise regarding the accuracy of an ―inputs to 

equations‖ data element, it may be necessary to examine other non-input recordkeeping 

information, such as a monitoring plan or recordkeeping information in a different subpart, in 

order to fully investigate the accuracy of the data. It is necessary to ensure that all data necessary 

for verification are available, and this proposed 5-year record retention period would provide 
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better assurance of on-site data availability. Second, the EPA determined that maintaining 

multiple sets of data records according to different record retention periods could possibly cause 

confusion and result in recordkeeping errors. Providing the same record retention duration for all 

subparts, as proposed, would simplify recordkeeping and thereby minimize the chance for 

recordkeeping errors. 

In addition, the EPA is proposing revisions to the recordkeeping format for ―inputs to 

equations‖ data elements. Currently, reporters have the option to maintain records of their 

―inputs to equations‖ data elements in one or more electronic or hard copy files. The proposed 

record format revision would require reporters to maintain an electronic or hard copy of the 

single file generated by the proposed inputs verification tool, listing all ―inputs to equations‖ data 

elements entered into the tool. This proposed record format change would ensure that the EPA 

could readily access these data, enabling the EPA to quickly and efficiently perform calculations 

and data checks during site visits. All other records required under Part 98 would be maintained 

in the format currently required under Part 98. In combination with the proposed reporting 

requirements discussed in Sections III.A and C of this preamble, these proposed recordkeeping 

requirements would allow the EPA to adequately verify certain reported emissions without 

implicating the disclosure concerns discussed in the memorandum ―Evaluation of Competitive 

Harm For Reporting 2015 Inputs to Equations‖ (refer to Docket ID No. EPA–HQ–OAR–2010-

0929). 

In amending 40 CFR part 98, subpart A to add these recordkeeping requirements, we are 

also correcting an error in the current version of 40 CFR 98.3(g). In a previous action amending 

this paragraph (76 FR 73866, November 29, 2011), our intensionintention was to amend the 

second sentence of the paragraph regarding record retention duration; however, the third 
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sentence regarding record format was inadvertently amended. To correct this error, we are 

proposing to remove the second sentence of 40 CFR 98.3(g) and to reinstate the previous third 

sentence of 40 CFR 98.3(g) (regarding format of records).

We seek comment on whether 5 years is the appropriate timeframe for maintaining 

records for facilities withrequired to use the proposed inputs verification tool under a subpart 

listed in Table 2 of this preamble. In addition, we seek comment on the proposal to extend the 

record retention period for these reporters, not only for the subparts listed in Table 2 of the 

preamble, but also for other subparts that apply to these reporters subject to a subpart in Table 2.

C. Proposed Requirement to Report Additional Data

As part of our proposal to no longer require reporting of certain ―inputs to equations‖ 

data elements, we are proposing to require that certain reporters using the proposed inputs 

verification tool also report the new data elements specified in Table 4 of this preamble. These 

additional data elements would allow the EPA to perform additional verification checks and 

minimize the number of follow-up activities. These data elements are quantities that provide 

information on the activity level at the facility, emission factors used, characteristics of carboncontaining streams, and other process information that would provide key information for 

verification, including confirming that emissions are appropriate for a given activity-level and 

estimating expected emissions based on data provided. These new data reporting elements would 

also enable the EPA to better understand the following aspects concerning reporters in order to 

inform future GHG policy:9(1) the GHG emission profile for the reporter; (2) the relationship of 

GHG emissions to production output or raw material input within the industry sector; and (3) the 

factors influencing GHG emissions. 

 

9 The EPA has previously stated that a goal of collecting data under the GHGRP is to inform future GHG policy 

(refer to the April 10, 2009 proposed rule (, 74 FR 16455).

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The EPA is proposing to add six new equations (Equations Q-9 through Q-14 of part 98) 

to subpart Q to specify how to calculate and report each of the six new data elements proposed to 

be added to subpart Q of part 98. Table 4 of this preamble specifies which equation number 

correlates with each new proposed data element. Refer to the proposed amendments for subpart 

Q for the proposed equations.

The EPA is proposing confidentiality determinations for these proposed new data 

elements. Those new data elements determined to be confidential business information in a final 

rule would be afforded confidential treatment. Refer to the following Section IV of this preamble 

for the EPA‘s proposed confidentiality determinations for the proposed new data elements. 

IV. Confidentiality Determination for Proposed New Data Elements to be Reported

The EPA is proposing confidentiality determinations for each new data element listed in 

Table 4 of this preamble. To make these determinations, the EPA proposes to use the same 

approach that the EPA previously used for the 2011 final CBI rule (76 FR 30782, May 26, 2011). 

Specifically, the EPA is proposing to assign each new data element listed in Table 4 of this 

preamble to one of 11 direct emitter data categories, based on the type and characteristics of the 

data element. For a description of each data category and the type and characteristics of data 

elements assigned to each category, see Sections II.C and II.D of the July 7, 2010 CBI proposal 

preamble (75 FR 39106 – 39130). 

Based on its evaluation of the new data elements, the EPA is proposing that each new 

data element be assigned to one of the four following direct emitter data categories: 

 Production/Throughput Data that are Not Inputs to Emission Equations.

 Raw Materials Consumed that are Not Inputs to Emission Equations.

 Unit/Process ―Static‖ Characteristics that are Not Inputs to Emission Equations.

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 Unit/ Process Operating Characteristics that are Not Inputs to Emission Equations.

In the 2011 final CBI rule (May 26, 2011, 76 FR 30782), the EPA made categorical 

determinations that all data elements assigned to the ―Production/Throughput Data that are Not 

Inputs to Emission Equations‖ and ―Raw Materials Consumed that are Not Inputs to Emission 

Equations‖ data categories are entitled to confidential treatment because the data do not meet the 

definition of ―emission data‖ in 40 CFR 2.301(a)(2)(i) and they are CBI. 

The EPA is proposing that seven new data elements be assigned to the 

―Production/Throughput Data that are Not Inputs to Emission Equations‖ data category and 10 

new data elements be assigned to the ―Raw Materials Consumed that are Not Inputs to Emission 

Equations‖ data category, as shown in Table 5 of this preamble, thereby applying the categorical 

confidentiality determinations made for these categories in the 2011 final CBI rule (i.e., they are 

CBI) to the proposed new reporting elements assigned to these categories. This proposal is not 

changing, nor soliciting comment on, the categorical confidentiality determination for these two 

data categories. Should the EPA finalize the category assignment for these data elements, all new 

data elements assigned to these categories would be considered to be entitled to confidential 

treatment.

Table 5. Data Elements Proposed to Be Assigned To the ―Production/Throughput Data 

that are Not Inputs to Emission Equations‖ and ―Raw Materials Consumed that are Not 

Inputs to Emission Equations‖ Data Categories

Subpart Proposed Citation Data Element

―Production/Throughput Data that are Not Inputs to Emission Equations‖ Data Category

G - Ammonia Production 40 CFR 98.76(cb)(14) Annual ammonia production 

(metric tons).

40 CFR 98.76(db)(15) Annual methanol production 

(metric tons), if this quantity is 

not reported under subpart X of 

Part 98.

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Subpart Proposed Citation Data Element

H - Cement Kilns 40 CFR 98.86(b)(16) Annual clinker production 

(metric tons).

P – Hydrogen Production 40 CFR 98.166(e) Annual methanol production 

(metric tons), if this quantity is 

not reported under subpart X of 

Part 98.

S - Lime Manufacturing 40 CFR 98.196(b)(18) Annual quantity (metric tons) of 

lime product sold, by type.

X – Petrochemical 40 CFR 98.246(a)(13) and 

(b)(10)

If using the mass balance 

method or CEMS method to 

calculate GHG emissions: 

Name and annual quantity (in 

metric tons) of each carboncontaining co-product included 

in Equations X-1, X-2 and X-3..

AA - Pulp and Paper 40 CFR 98.276(l)(1) For each pulp mill lime kiln: 

Quantity of calcium oxide 

(CaO) produced (metric tons).

―Raw Materials Consumed that are Not Inputs to Emission Equations‖ Data Category

E - Adipic Acid Production 40 CFR 98.56(m) Annual quantity of cyclohexane 

fed to all production lines, 

combined (metric tons).

P - Hydrogen Production 40 CFR 98.166(b)(7) Name and annual quantity 

(metric tons) of each carboncontaining fuel and feedstock.

Q - Iron and Steel 40 CFR 98.176(e)(6)(i)(1) If you use the carbon mass 

balance method in 40 CFR 

98.173(b)(1) to determine CO2

emissions: The annual mass 

(metric tons) of all gaseous, 

liquid, and solid fuels 

(combined) used in process 

units specified in Equations Q-1 

through Q-7, calculated as 

specified in a new Equation Q-9 

of subpart Q in the proposed 

rule amendments. DoDoes not 

include fuel used in a stationary 

combustion unit where 

emissions are reported under 

subpart C of this part.

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Subpart Proposed Citation Data Element

40 CFR 98.176(i)(2e)(6)(ii) If you use the carbon mass 

balance method in 40 CFR 

98.173(b)(1) to determine CO2

emissions: The annual mass 

(metric tons) of all non-fuel 

material inputs (combined) 

specified in Equations Q-1 

through Q-7 of subpart Q, 

calculated as specified in a new 

Equation Q-10 of subpart Q in 

the proposed rule amendments.

40 CFR 98.176(i)(3e)(6)(iii) If you use the carbon mass 

balance method in 40 CFR 

98.173(b)(1) to determine CO2

emissions: The annual mass 

(metric tons) of all solid and 

liquid products and byproducts 

(combined) specified in

Equations Q-1 through Q-7, 

calculated as specified in a new 

Equation Q-11 of subpart Q in 

the proposed rule amendments.

40 CFR 98.176(i)(4e)(6)(iv) If you use the carbon mass 

balance method in 40 CFR 

98.173(b)(1) to determine CO2

emissions: The weighted 

average carbon content of all 

gaseous, liquid, and solid fuels 

(combined) included in

Equation Q-9 of subpart Q, 

calculated as specified in a new 

Equation Q-12 of subpart Q in 

the proposed rule amendments.

40 CFR 98.176(i)(5e)(6)(v) If you use the carbon mass 

balance method in 40 CFR 

98.173(b)(1) to determine CO2

emissions: The weighted 

average carbon content of all 

non-fuel inputs to all furnaces 

(combined) included in

Equation Q-10 of subpart Q, 

calculated as specified in a new 

Equation Q-13 of subpart Q in 

the proposed rule amendments.

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Subpart Proposed Citation Data Element

40 CFR 98.176(ie)(6)(vi) If you use the carbon mass 

balance method in 40 CFR 

98.173(b)(1) to determine CO2

emissions: The weighted 

average carbon content of all 

solid and liquid products and 

byproducts from all furnaces 

(combined) included in a new 

Equation Q-11 of subpart Q in 

the proposed rule amendments, 

calculated as specified in new 

Equation Q-14 of subpart Q in 

the proposed rule amendments.

X – Petrochemical 40 CFR 98.246(a)(12) and (b)(9) If using the mass balance 

method or CEMS method to 

calculate GHG emissions: 

Name and annual quantity (in 

metric tons) of each carboncontaining feedstock included 

in Equations X-1, X-2 and X-3..

AA - Pulp and Paper 40 CFR 98.276(m)(1) For each chemical recovery 

furnace and chemical recovery 

combustion unit for which you 

are not using Equation C-2c of 

subpart C to calculate CO2

emissions: Annual mass of 

steam generated (lb steam), 

individually for each fossil fuel 

type and for spent liquor solids.

The EPA is proposing to assign eight proposed new data elements to the ―Unit Process 

Operating Characteristics that are Not Inputs to Emission Equations‖ category and one proposed 

new data element to the ―Unit/Process Static Characteristics that are Not Inputs to Emission 

Equations‖ category. In the 2011 final CBI rule, the EPA determined that the data elements in 

these categories are not ―emission data‖ (as defined at 40 CFR 2.301(a)(2)(i)). However, instead 

of categorical determinations, the EPA made confidentiality determinations for individual data 

elements assigned to these two categories. In proposing these determinations, the EPA 

considered the confidentiality criteria at 40 CFR 2.208, in particular whether release of the data 

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is likely to cause substantial harm to the business‘s competitive position. See 40 CFR 

2.208(e)(1). The EPA is therefore following the same approach in this action for the proposed 

new reporting elements assigned to these two categories. 

Table 6 of this preamble lists the data elements the EPA proposes to assign to these two 

data categories and presents the EPA‘s rationale for proposing to determine that each does or 

does not qualify as CBI under CAA section 114(c). 

Table 6. Proposed Confidentiality Determinations for Proposed New Data Elements 

Assigned to the ―Unit/Process Operating Characteristics That Are Not Inputs to Emission 

Equations‖ and ―Unit/Process  ̳Static‘ Characteristics that Are Not Inputs to Emission 

Equations‖ Data Categories

Subpart Citation

Data 

Element

Confidentiality 

Determination

Proposed Rationale for 

Confidentiality Determination

―Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations‖ Data 

Category

E – Adipic 

Acid 

Production

40 CFR 

98.56(n)

Annual 

percent N2O 

emission 

reduction for 

all production 

units 

combined.

Not CBI The annual facility percent N2O 

reduction could not be used to 

calculate adipic acid production. 

The level of N2O reductions 

varies by the type of abatement 

technology, the environment in 

which the abatement technology 

is operating, the age of the 

abatement technology, the age of 

the catalyst used, and the 

maintenance level of the 

abatement technology.

H - Cement 

Kilns

40 CFR 

98.86(b)(17)

Annual 

average 

clinker CO2

emission 

factor for the 

facility, 

averaged 

across all 

kilns (metric 

tons 

CO2/metric 

ton clinker 

produced).

CBI This data element could be used 

to back calculate a facility‘s 

clinker production data, which 

would result in competitive 

disadvantage. 

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Subpart Citation

Data 

Element

Confidentiality 

Determination

Proposed Rationale for 

Confidentiality Determination

40 CFR 

98.86(b)(18)

Annual 

average 

cement kiln 

dust (CKD) 

CO2 emission 

factor for the 

facility, 

averaged 

across all 

kilns (metric 

tons 

CO2/metric 

ton CKD 

produced).

CBI This data element could provide 

information about the efficiency 

of the operation, which would 

result in competitive 

disadvantage.

V – Nitric 

Acid 

Production

40 CFR

98.226(q)

Annual 

percent N2O 

emission

reduction for 

all production 

units 

combined.

Not CBI The annual facility percent N2O 

reduction for all nitric acid 

production trains combined 

could not be used to calculate the 

nitric acid production value for 

any individual facility. The level 

of N2O reductions for each 

individual facility varies by the 

type of abatement technology, the 

environment in which the 

abatement technology is 

operating, the age of the 

abatement technology, the age of 

the catalyst used, and the 

maintenance level of the 

abatement technology. 

Additionally, facility-level N2O 

emission reduction information is 

already publicly available (see 

docket number EPA-HQ-OAR2010-0750 and 

http://www.climateactionreserve.

org).

Y –

Petroleum 

Refineries

40 CFR

98.256(e)(11)(

i)

Annual 

quantity of 

flare gas 

combusted 

(in MMscf 

per year) 

(only when 

using

Equation Y-3

of subpart Y).

Not CBI This data element does not reveal 

(nor could be used to calculate) 

details regarding product 

characteristics, actual production 

data, or operating efficiency. It 

does not provide information that 

would allow competitors to infer 

market share, production costs, or 

pricing structures and thus gain a 

competitive advantage. The EPA 

applied the same rationale in the 

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Subpart Citation

Data 

Element

Confidentiality 

Determination

Proposed Rationale for 

Confidentiality Determination

2010 proposed and 2011 final 

CBI rules (75 FR 39113, July 7, 

2010; and 76 FR 30803 - 30806, 

May 26, 2011), in support of a 

non-CBI determination for 

reporting of the following same

data element currently required to 

be reported if a different equation 

(Equation Y-1a) is used: annual 

volume of flare gas combusted 

(scf/year) under 40 CFR 

98.256(e)(6).

40 CFR

98.256(e)(11)(

ii)

Annual 

average 

molecular 

weight of 

flare gas 

combusted 

(in mmBtu 

per MMscf) 

(only when 

using 

Equation Y-3

of subpart Y).

Not CBI This data element does not reveal 

(nor could be used to calculate) 

details regarding product 

characteristics, actual production 

data, or operating efficiency. It 

does not provide information that 

would allow competitors to infer 

market share, production costs, or 

pricing structures and thus gain a 

competitive advantage. The EPA 

applied the same rationale in the 

2010 proposed and 2011 final 

CBI rules (75 FR 39113, July 7, 

2010; and 76 FR 30803 -– 30806, 

May 26, 2011), in support of a 

non-CBI determination for 

reporting of the following same

data element currently required to 

be reported if a different equation 

(Equation Y-1a of subpart Y) is 

used: annual average molecular 

weight of the flare gas (kg/kgmole) under 40 CFR 98.256(e)(6).

40 CFR

98.256(e)(11)(

iii)

Annual 

average 

carbon 

content of 

flare gas 

combusted 

(expressed as 

a decimal 

fraction)(only 

when using

Equation Y-3

of subpart Y).

Not CBI This data element does not reveal 

(nor could be used to calculate) 

details regarding product 

characteristics, actual production 

data, or operating efficiency. It 

does not provide information that 

would allow competitors to infer 

market share, production costs, or 

pricing structures and thus gain a 

competitive advantage. The EPA 

applied the same rationale in the 

2010 proposed and 2011 final 

CBI rules (75 FR 39113, July 7, 

2010; and 76 FR 30803 - 30806, 

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Subpart Citation

Data 

Element

Confidentiality 

Determination

Proposed Rationale for 

Confidentiality Determination

May 26, 2011), in support of a 

non-CBI determination for 

reporting of the following same

data element currently required to 

be reported if a different equation 

(Equation Y-1a of subpart Y) is 

used: annual average carbon 

content of the flare gas (kg 

carbon/kg flare gas) under 40 

CFR 98.256(e)(6).

AA - Pulp 

and Paper

40 CFR 

98.276(l)(2)

For each pulp 

mill lime 

kiln: Percent 

of annual heat 

input, 

individually 

for each fossil 

fuel type.

Non-CBI Release of this data would not 

result in competitive harm 

because lime kiln fossil fuel use 

as a fraction of design heat input 

was reported to the EPA as part of 

a 2011 ICR survey, and facilities 

reporting via the survey made no 

CBI claims regarding fuel type 

and percent of design heat input. 

―Unit/Process  ̳Static‘ Characteristics that Are Not Inputs to Emission Equations‖ Data Category

AA - Pulp 

and Paper

40 CFR 

98.276(m)(2)

For each 

chemical 

recovery 

furnace and 

chemical 

recovery 

combustion 

unit for which 

you are not 

using 

Equation C2c of subpart 

C to calculate 

CO2

emissions:

Ratio of the 

unit‘s 

maximum 

rated heat 

input capacity 

to its design 

rated steam 

output 

capacity 

(mmBtu/lb 

steam), 

individually 

ND1In the final CBI rulemaking (76 

FR 30799, May 26, 2011), we

determined that the best approach 

for determining confidentiality of 

production capacity is not to make 

a single CBI determination 

applicable to all facilities within a 

given source category, due to 

differences between facilities. For 

all reported data elements related 

to production capacity, the EPA 

will make case-by-case 

determinations per reporter, in 

accordance with the provisions in 

40 CFR part 2, subpart B for 

facilities that claim these data 

elements as CBI.
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Subpart Citation

Data 

Element

Confidentiality 

Determination

Proposed Rationale for 

Confidentiality Determination

for each fossil 

fuel type and 

for spent 

liquor solids.

1 ND = No determination was made.is being proposed.

The EPA is requesting comment on two aspects of these confidentiality determinations. 

First, the EPA seeks comment on the proposed data category assignment for each of these data 

elements in Tables 5 and 6. of this preamble. If you believe that the EPA has improperly 

assigned any proposed new data elements to one of the data categories, please provide specific 

comments identifying which proposed new data elements may be mis-assigned along with a 

detailed explanation of why you believe them to be incorrectly assigned and in which data 

category you believe they best belong. 

Second, for those data elements included in Table 6 of this preamble and assigned to the 

two direct emitter data categories without categorical confidentiality determinations, the EPA 

seeks comment on the individual confidentiality determinations we are proposing for these data 

elements. If you comment on this issue, please provide specific comment along with detailed 

rationale and supporting information on whether such data element does or does not qualify as 

CBI.

V. Impacts of the Proposed Rule

This section examines the cost impacts of the proposed rulemaking. A detailed discussion 

of the impacts may be found in the memorandum, ‖―Impacts Analysis of the Proposed 2015 

Inputs Proposal,‖ available in EPA docket ID No. EPA–HQ–OAR–2010-0929.

A. How were the costs of this proposed rule estimated?

1. Proposed Inputs Verification Tool.

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The data elements required to be used for calculating the annual GHG emissions values 

and the cost associated with collecting these data, have not changed from the estimate made 

during the original rulemaking process. The time associated with entry of these ―inputs to 

equations‖ data elements into e-GGRT (including into the new inputs verification tool) is 

expected to be equivalent to the time originally anticipated for data entry. Prior to the inputs 

verification tool, as currently required, reporters must use their own calculation tool (e.g., 

calculator, calculation software) to calculate the annual GHG emissions values, using the same 

sets of equations and entering the same data elements that they would enter into the tool. 

The EPA does recognize however that there may be some time associated with learning 

the new procedures for the inputs verification tool and we have estimated a cost of 

approximately $340,000 for the first year for all affected facilities. 66 per facility, or $379,000

for the first year for all affected facilities. During their first session using the proposed inputs 

verification tool, reporters would need to spend approximately 1 hour becoming familiar with 

how the tool operates within e-GGRT. The proposed new requirement to use the inputs 

verification tool would not result in any change in the respondent activity of entering these data 

into e-GGRT. Once the reporter has become familiar with the tool, EPA does not anticipate any 

additional burden. The cost includes technical, clerical, and managerial labor hours. For further 

information about this cost estimate, refer to the memorandum ―Assessment of Cost Impacts of 

2015 Inputs Proposal – Revisions to Reporting, Recordkeeping, and Verification Requirements 

under the Greenhouse Gas Reporting Program‖ and the supporting statement for this proposed 

information collection request, ―Supporting Statement, Environmental Protection Agency: 

Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality 

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Determinations under the Greenhouse Gas Reporting Program, OMB control number 2060-0629, 

ICR number 2300.12,‖ both available in docket EPA–HQ–OAR–2010-0929.

2. Proposed New Data Elements.

We are proposing to add 26 new data elements that were not previously required to be 

reported under Part 98 (see Section II.D of this preamble for further discussion of this proposed 

amendment).), to be reported by facilities in certain subparts that are required to use the proposed 

inputs verification tool. Of these 26 data elements, nine data elements are related to annual 

production or raw material usage, which are collected by a facility as a routine part of conducting 

business. For these data elements, we are not proposing that reporters comply with specific data 

collection or monitoring requirements beyond the methods commonly used for accounting 

purposes. The other 17 data elements proposed to be reported are calculated values using data 

currently required to be collected to perform emissions calculations. For all of these additional 

data elements, the EPA has estimated a nominal additional cost to report the data element and 

fulfill the recordkeeping requirements. The total costs associated with reporting and 

recordkeeping for the 26 data elements in 10 subparts is $80,000. These costs represent the cost 

for all affected facilities in the first year.

B. Additional Impacts of the Proposed Amendments

The proposed confidentiality determinations for the new data elements would not affect 

whether and how data are reported and, therefore, would not impose any additional burden on 

sources. 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 

Improving Regulation and Regulatory Review

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Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a 

―significant regulatory action‖ because this action raises novel legal or policy issues arising out 

of legal mandates, the President‘s priorities, or principles set forth in the executive order. 

Accordingly, the EPA submitted this action to the Office of Management and Budget (OMB) for 

review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011) and any 

changes made in response to OMB recommendations have been documented in the docket for 

this action. 

B. Paperwork Reduction Act

This action proposes to amend reporting and recordkeeping requirements and verification 

procedures for the GHGRP. In addition, the EPA is proposing confidentiality determinations for 

the proposed new data elements in this action. The proposed amendments to the reporting 

requirements in the source category-specific subparts are not anticipated to result in significant 

burden for reporters. The new data elements required to be reported are expected to be readily 

available for affected facilities, or easily calculated using data already required to be collected 

(e.g., a monthly value is currently reported and an annual value is proposed to be reported). 

Impacts associated with the proposed changes to the reporting requirements in each 

subpart are detailed in the memorandum ―Impacts Analysis of the Proposed 2015 Inputs 

Proposal‖ (see Docket ID No. EPA-HQ-OAR-2010-0929). 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. OMB has approved the information collection 

requirements for this rulemaking and has assigned OMB control number 2060-0629new, ICR 

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2300.122483.01. The OMB control numbers for the EPA‘s regulations in 40 CFR are listed in 40 

CFR part 9.

C. Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a regulatory flexibility analysis of any 

rule subject to notice and comment rulemaking requirements under the Administrative Procedure 

Act or any other statute unless the agency certifies that the rule will not have a significant 

economic impact on a substantial number of small entities. Small entities include small 

businesses, small organizations, and small governmental jurisdictions.

For purposes of assessing the impacts of thetoday‘s proposed rule amendments on small 

entities, ―small entity‖ is defined as: (1) Aa small business as defined by the Small Business 

Administration‘s (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction 

that is a government of a city, county, town, school district or special district with a population of 

less than 50,000; or (3) a small organization that is any not-for-profit enterprise which is 

independently owned and operated and is not dominant in its field. This definition of small entity 

is consistent with the definition of small entity used for Part 98.

After considering the economic impacts of today‘s proposed amendments on small 

entities, I certify that this action will not have a significant economic impact on a substantial 

number of small entities. The small entities subject to Part 98directly regulated by these 

proposed rule amendments include small businesses across all sectors of the economy 

encompassed by Part 98, small governmental jurisdictions, and small non-profits. TheWe have 

determined that these facilities will experience impacts of these proposed amendments are 

expected to be roughly a first-year cost of $6066 per facility for learning new procedures for the 

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verification tool and an annual cost of $100 per facility for the recordkeeping and reporting of 26 

new data elements.

The EPA continuesAlthough these proposed rule amendments will not have a significant 

economic impact on a substantial number of small entities, the EPA nonetheless has tried to 

reduce the impact of this rule on small entities. The EPA supports a ―help desk‖ for the GHGRP, 

which would be available to answer questions on the provisions in this rulemaking.

We continue to be interested in the potential impacts of the proposed rule amendments on 

small entities and welcomeswelcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act (UMRA)

The proposed amendments and confidentiality determinations do not contain a federal 

mandate that may result in expenditures of $100 million or more for State, local, and tribal 

governments, in the aggregate, or the private sector in any one year. This action proposes: (1) 

requirements for certain reporters under 24 subparts to use an EPA-provided inputs verification 

tool instead of reporting certain data elements for which disclosure concerns have been 

identified, (2) lengthening the record retention time for reporters required to use the inputs 

verification tool, and (3) new data elements to be reported for certain reporters using the inputs 

verification tool and confidentiality determinations for these new data element. As discussed in 

section V of this preamble, for the first year, the total collective impact on regulated entities is: 

(1) $379,000, or $66 per entity, for using the inputs verification tool; and (2) $80,000, or $103 

per entity, for the proposed new data elements to be reported. Thus, the proposed amendments 

and confidentiality determinations are not subject to the requirements of sections 202 or 205 of 

UMRA.

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This rule is also not subject to the requirements of section 203 of UMRA because it 

contains no regulatory requirements that might significantly or uniquely affect small 

governments. This action proposes to amend reporting and recordkeeping requirements and 

verification procedures for certain reporters in the GHGRP. In addition, the EPA is proposing 

confidentiality determinations for the proposed new data elements in this action. As discussed in 

section V of this preamble, the total collective impact on regulated entities is $459,000 in the 

first year, and $80,000 annually thereafter. Because this impact on each individual facility is 

estimated to be approximately $66 - $169 in the first year and $103 annually thereafter, the EPA 

has determined that the provisions in this action would not significantly impact small 

governments. In addition, because none of the provisions apply specifically to small 

governments, the EPA has determined that the provisions in this action would not uniquely 

impact small governments. Therefore, this action is not subject to the requirements of section 

203 of the UMRA. 

E. Executive Order 13132: Federalism

The action does not have federalism implications. It will not have substantial direct 

effects on the states, on the relationship between the national government and the statesStates, or 

on the distribution of power and responsibilities among the various levels of government, as 

specified in Executive Order 13132. The proposed amendments and confidentiality 

determinations apply to facilities that directly emit greenhouses gases and fuel and chemicals 

suppliers. These proposed changes do not apply to governmental entities unless the government 

entity owns a facility that directly emits GHGs above threshold levels (such as a large stationary 

combustion device), so relatively few government facilities would be affected. Moreover, for 

government facilities that are subject to the rule, the proposed revisions will not have a 

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significant cost impact. This proposed action also does not limit the power of states or localities 

to collect GHG data and/or regulate GHG emissions. Thus, Executive Order 13132 does not 

apply to this rule.

In the spirit of Executive Order 13132, and consistent with EPA policy to promote 

communications between the EPA and stateState and local governments, the EPA specifically 

solicits comments on this proposed action from stateState and local officials. 

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments.

This proposed action does not have tribal implications, as specified in Executive Order 

13175 (65 FR 67249, November 9, 2000). The proposed amendments and confidentiality 

determinations apply directly to facilities that directly emit greenhouses gases or that are 

suppliers of GHGs. They would not have tribal implications unless the tribal entity owns a 

facility that directly emits GHGs above threshold levels (such as a landfill or large combustion 

device). Relatively few tribal facilities would be affected. Thus, Executive Order 13175 does not 

apply to this action.

G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety 

Risks

The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying 

only to those regulatory actions that concern health or safety risks, such that the analysis required 

under section 5-501 of the Executive Order has the potential to influence the regulation. This 

proposed action is not subject to Executive Order 13045 because it does not establish an 

environmental standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use

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This proposed action is not a ―significant energy action‖ as defined in Executive Order 

13211 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect 

on the supply, distribution, or use of energy. Part 98 relates to monitoring, reporting, and 

recordkeeping and does not impact energy supply, distribution, or use. This action proposes to

amend reporting and recordkeeping requirements and verification procedures for the GHGRP. In 

addition, the EPA is proposing confidentiality determinations for the proposed new data 

elements in this action. These proposed amendments and confidentiality determinations do not 

make any changes to the existing monitoring, recordkeeping, or reporting requirements under 

Part 98 that affect the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement Act of 1995 

(NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary 

consensus standards in its regulatory activities unless to do so would be inconsistent with 

applicable law or otherwise impractical. Voluntary consensus standards are technical standards 

(e.g., materials specifications, test methods, sampling procedures, and business practices) that are 

developed or adopted by voluntary consensus standards bodies. NTTAA directs the EPA to 

provide Congress, through OMB, explanations when the Agency decides not to use available and 

applicable voluntary consensus standards. 

This proposed rulemaking does not involve the use of any new technical standards. 

Therefore, the EPA is not considering the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations

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Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive 

policy on environmental justice. Its main provision directs federal agencies, to the greatest extent 

practicable and permitted by law, to make environmental justice part of their mission by 

identifying and addressing, as appropriate, disproportionately high and adverse human health or 

environmental effects of their programs, policies, and activities on minority populations and lowincome populations in the United States.

The EPA has determined that these proposed rule amendments will not have 

disproportionately high and adverse human health or environmental effects on minority or lowincome populations because the amendments do not affect the level of protection provided to 

human health or the environment. This is because the proposed amendments address information 

collection and reporting and verification procedures.

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Proposed Rule Amendments and Confidentiality Determinations 

for Certain Data Elements Required under the 

Mandatory Greenhouse Gas Reporting Rule 

Page 66 of 107

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List of Subjects 40 CFR Part 98

Environmental protection, Administrative practice and procedure, Greenhouse gases, 

Reporting and recordkeeping requirements.

Dated:

Bob Perciasepe, 

Acting Gina McCarthy, 

Administrator.

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For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal 

Regulations is proposed to be amended as follows: 

PART 98—[AMENDED]—MANDATORY GREENHOUSE GAS REPORTING

1.The authority citation for part 98 continues to read as follows:

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

Subpart A—[AMENDED]

2.Section 98.3 is amended by revising paragraphs (c)(4)(vii), (d)(3)(v), (g) introductory 

text, and (g)(2)(i) to read as follows:

§ 98.3 What are the general monitoring, reporting, recordkeeping and verification 

requirements of this part. 

* * * * *

(c) * * * 

(4) * * * 

(vii) The owner or operator of a facility is not required to report the data elements 

specified in Table A-6 to this subpart for calendar years 2010 through 2011 until March 31, 

2013. The owner or operator of a facility is not required to report the data elements specified in 

Table A-7 to this subpart for calendar years 2010 through 2013 until March 31, 2015. Data 

elements specified in Table A-7 to this subpart for calendar years 2010 through 2013 must be 

submitted as part of the annual report for reporting year 2014. 

* * * * *

(d) * * * 

(3) * * * 

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(v) For each stationary fuel combustion unitsource that is connected to a device that has 

been granted access bymeets the Public Utilities Commission to deliver power to the local or 

regional power grid (e.g., electricity generators excluding generators connected to combustion 

units subject to subpart Dcriteria specified in § 98.36(f) of this part), and for which the combined 

nameplate capacity for all such devices at the facility is greater than or equal to 1 megawatt 

electric, report any facility operating data or process information used for the GHG emission 

calculations.

* * * * *

(g) Recordkeeping. An owner or operator that is required to report GHGs under this part 

must keep records as specified in this paragraph. Except as otherwise provided in this paragraph, 

retain all required records for at least 3 years from the date of submission of the annual GHG 

report for the reporting year in which the record was generated. The records shall be kept in an 

electronic or hard-copy format (as appropriate) and recorded in a form that is suitable for 

expeditious inspection and review. If a reporter is required under § 98.5(b) to use software 

specified by the Administrator to enter data to calculate the reported GHGs, all records required 

under Part 98 must be retained by the reporter for 5 years from the date of submission of the 

annual GHG report for the reporting year in which the record was generated. Upon request by 

the Administrator, the records required under this section must be made available to EPA. 

Records may be retained off site if the records are readily available for expeditious inspection 

and review. For records that are electronically generated or maintained, the equipment or 

software necessary to read the records shall be made available, or, if requested by EPA, 

electronic records shall be converted to paper documents. You must retain the following records, 

in addition to those records prescribed in each applicable subpart of this part:

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* * * * *

(2) * * *

(i) The GHG emissions calculations and methods used. For data required by section§

98.5(b) to be entered into the software specified by the Administrator, maintain the entered data 

in the format generated by the software specified by the Administrator. 

* * * * *

3.Section 98.5 is revised to read as follows:

§ 98.5 How is the report submitted?

(a) Each GHG report and certificate of representation for a facility or supplier must be 

submitted electronically in accordance with the requirements of § 98.4 and in a format specified 

by the Administrator. 

(b) For reporting year 2014 and thereafter, you must enter into verification software 

specified by the Administrator all of the data used as inputs to calculate the calculation methods

specified in Table A-8 to Part 98, excluding data required to be reported GHGs forin the 

following subparts: C, E, F, G, H, K, L, N, O, P, Q, R, S, U, V, X, Y, Z, AA, BB, CC, EE, GG, 

II, TTreporting section of each subpart listed in Table A-8 to Part 98.

4.Table A-7 to Subpart A of Part 98 is revised to read as follows:

Table A–7 to Subpart A of Part 98—Data Elements That Are Inputs to Emission Equations 

and for Which the Reporting Deadline Is March 31, 2015

Subpart

Rule citation

(40 CFR part 98)

Specific data elements for which reporting date is 

March 31, 2015 (―All‖ means all data elements in 

the cited paragraph are not required to be 

reported until March 31, 2015)

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

C 98.36(b)(9)(iii) Only estimate of the heat input.1

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

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Subpart

Rule citation

(40 CFR part 98)

Specific data elements for which reporting date is 

March 31, 2015 (―All‖ means all data elements in 

the cited paragraph are not required to be 

reported until March 31, 2015)

listed in Table C–2.1

C 98.36(e)(2)(i) All.1

C 98.36(e)(2)(ii)(A) All.1

C 98.36(e)(2)(ii)(C) Only HHV value for each calendar month in which 

HHV determination is required.1

C 98.36(e)(2)(ii)(D) All.1

C 98.36(e)(2)(iv)(A) All.1

C 98.36(e)(2)(iv)(C) All.1

C 98.36(e)(2)(iv)(F) All.1

C 98.36(e)(2)(ix)(D) All.1

C 98.36(e)(2)(ix)(E) All.1

C 98.36(e)(2)(ix)(F) All.1

E 98.56(g) All.

E 98.56(h) All.

E 98.56(j)(4) All.

E 98.56(j)(5) All.

E 98.56(j)(6) All.

E 98.56(l) All.

H 98.86(b)(11) All.

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

L 98.126(b)(10) All.

L 98.126(b)(11) All.

L 98.126(b)(12) All.

N 98.146(b)(6) All.

O 98.156(d)(2) All.

O 98.156(d)(3) All.

O 98.156(d)(4) All.

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Subpart

Rule citation

(40 CFR part 98)

Specific data elements for which reporting date is 

March 31, 2015 (―All‖ means all data elements in 

the cited paragraph are not required to be 

reported until March 31, 2015)

Q 98.176(b) If you determined CO2 emissions using the sitespecific emission factor method in §98.173(b)(2) 

based on the total quantity of raw material feed 

(metric tons of CO2 per metric ton of raw material 

feed), only annual quantity taconite pellets, coke, iron, 

and raw steel.

Q 98.176(f)(1) All.

U 98.216(e)(2) All.

V 98.226(i) All.

V 98.226(j) All.

V 98.226(m)(4) All.

V 98.226(m)(5) All.

V 98.226(m)(6) All.

V 98.226(p) All.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Subpart

Rule citation

(40 CFR part 98)

Specific data elements for which reporting date is 

March 31, 2015 (―All‖ means all data elements in 

the cited paragraph are not required to be 

reported until March 31, 2015)

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

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

W 98.236(c)(5)(iii) All.

W 98.236(c)(5)(iv) All.

W 98.236(c)(5)(v) All.

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

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

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

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

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

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

W 98.236(c)(7)(i) All.

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

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

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

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

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

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

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

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

W 98.236(c)(10)(ii) All.

W 98.236(c)(10)(iii) All.

W 98.236(c)(11)(ii) All.

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

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

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

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

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Subpart

Rule citation

(40 CFR part 98)

Specific data elements for which reporting date is 

March 31, 2015 (―All‖ means all data elements in 

the cited paragraph are not required to be 

reported until March 31, 2015)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Subpart

Rule citation

(40 CFR part 98)

Specific data elements for which reporting date is 

March 31, 2015 (―All‖ means all data elements in 

the cited paragraph are not required to be 

reported until March 31, 2015)

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

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

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

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

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

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

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

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

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

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

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

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

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

Y 98.256(n)(3) All (if used in Equation Y–21 to calculate emissions 

from equipment leaks).

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

generation rate data.

AA 98.276(e) All.

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

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

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

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

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

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

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

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

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

weekly sampling).

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Subpart

Rule citation

(40 CFR part 98)

Specific data elements for which reporting date is 

March 31, 2015 (―All‖ means all data elements in 

the cited paragraph are not required to be 

reported until March 31, 2015)

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

weekly sampling).

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

sampling).

1 Required to be reported only by stationary fuel combustion sources (e.g., individual units,

aggregations of units, common pipes, or common stacks) subject to subpart C of this part 98 that 

meet both of the following criteria: (1) the stationary fuel combustion source contains at least 

one combustion unit is connected to a devicefuel-fired electric generator that has been granted 

access by the Public Utilities Commission to deliver power to the local or regional electric power 

grid (excluding generators that are connected to combustion units subject to subpart D of this 

part); and (2) the stationary fuel combustion source is located at a facility for which the sum of 

the nameplate capacities for all such electric generators is greater than or equal to 1 megawatt 

electric output.

5.Table A-8 to Subpart A of Part 98 is added to read as follows:

Table A–8 to Subpart A of Part 98—Calculation Methods For Which Inputs To the 

Calculation Methods Must be Entered Into Verification Software Specified By the 

Administrator.

Subpart Calculation Method (Equation Number in 40 CFR Part 98 or Description 

of Method)

Subpart C 1 C-1, C-1a, C-1b, C-2b, C-2c, C-3, C-4, C-5, C-8, C-8a, C-8b, C-10, C-13, the 

calculation method specified in § 98.3(d)(3)(iv) of subpart A

Subpart E E-1, E-2, E-3a, E-3b, E-3c, E-3d 

Subpart F F-2 (including the method for calculating the anode effect minutes per cell-day 

(AEM) and slope coefficients (SCF4), F-3 (including the method for 

calculating the overvoltage factor (EFCF4)), F-5, F-6, F-7, F-8

Subpart G G-1, G-2, G-3

Subpart H H-2 (including the method in § 98.84(d) of subpart H for calculating the 

quantity of clinker produced), H-3, H-4, H-5

Subpart K K-1, K-3

Subpart L L-1, L-2, L-3, L-4, L-6, L-7, L-8, L-17, L-18, L-20, L-21, L-22, L-23, L-25, L26, L-27, L-31, L-34

Subpart N N-1

Subpart O O-3, O-4, O-8, O-9 (including the calculation method specified in §

98.154(l)(2) of subpart O)

Subpart P P-1, P-2, P-3

Subpart Q Q-1, Q-2, Q-3, Q-4, Q-5, Q-6, Q-7, the calculation methods specified in §

98.173(b)(2)(iii), (b)(2)(iv), and (c) of subpart Q

Subpart R R-1

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Subpart Calculation Method (Equation Number in 40 CFR Part 98 or Description 

of Method)

Subpart S S-1, S-2, S-3, S-4 (including the calculation method specified in § 98.194(a)

Subpart U U-1, U-2

Subpart V V-2, V-3a, V-3b, V-3c, V-3d

Subpart X X-1, X-2, X-3, C-8

Subpart Y Y-1a, Y-1b, Y-3, Y-4, Y-6, Y-8, Y-11, Y-12 (including the method for

correcting the calculation, if applicable, as specified in § 98.253(f)(5)), Y-13, 

Y-14, Y-15, Y-16a, Y-16b, Y-17, Y-18, Y-19, Y-20, Y-22, Y-23, the methods 

for calculating emissions from coke burn-off specified in § 98.253(c)(4) and 

(5) (alternatives to using Equations Y-9 and Y-10 of Part 98), the calculation 

method specified in § 98.253(n) of subpart Y 

Subpart Z Z-1a, Z-1b

Subpart AA C-1, C-1a, C-1b, C-2a, C-3, C-4, C-5, C-8, C-8a, C-8b, C-9a, AA-1, AA-2, 

AA-3

Subpart BB BB-1, BB-2

Subpart CC CC-1, CC-2

Subpart EE EE-2

Subpart GG GG-1

Subpart TT TT-2, TT-3

1 Does not apply to any stationary fuel combustion sources (e.g., individual units, aggregations of 

units, common pipes, or common stacks) subject to subpart C of this part that meet both of the 

following criteria: (1) the stationary fuel combustion source contains at least one combustion unit 

connected to a fuel-fired electric generator that has been granted access by the Public Utilities 

Commission to deliver power to the local or regional electric power grid (e.g., electricity

generators excluding generators that are connected to combustion units subject to subpart D of 

this part); and (2) the combinedstationary fuel combustion source is located at a facility for 

which the sum of the nameplate capacity (capacities for all such devices at the facility) electric 

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

Subpart C—[AMENDED]

5.6. Section 98.36 is amended by:

a. Revising paragraph (a);

a. b. Revising paragraph (b)(9)(iii).

b. Adding) and adding paragraph (b)(9)(iv).);

c. c. Revising paragraph (c)(2)(ix).

d. Adding) and adding paragraph (c)(2)(x).);

e. d. Revising paragraphs (e)(2)(i), (e)(2)(ii)(A), (e)(2)(ii)(C), and (e)(2)(ii)(D).

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f. Adding); and adding paragraph (e)(2)(ii)(E).); and

g. e. Revising paragraphs (e)(2)(iv)(A), (e)(2)(iv)(C), (e)(2)(iv)(F), and (e)(2)(ix)(D) 

through (F).

h. Adding); and adding paragraph (f).

The revisions and additions read as follows:

§ 98.36 Data reporting requirements.

* * * * *

(a) In addition to the facility-level information required under §98.3, the annual GHG 

emissions report shall contain the unit-level or process-level data specified in paragraphs (b)

through (f) of this section, as applicable, for each stationary fuel combustion source (e.g., 

individual unit, aggregation of units, common pipe, or common stack).

(b) * * *

(9) * * *

(iii) The annual CH4 and N2O emissions for each type of fuel listed in Table C–2 of this 

subpart that was combusted in the unit during the report year, expressed in metric tons of each 

gas and in metric tons of CO2e.

(iv) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, you must also(iv) For each stationary fuel 

combustion source that meets the criteria specified in paragraph (f) of this section, report an 

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estimate of the heat input from each type of fuel listed in Table C–2 of this subpart that was 

combusted in the unit during the report year.

* * * * *

(c) * * *

(2) * * *

(ix) For each type of fuel listed in Table C–2 of this subpart that was combusted during 

the report year in the units sharing the common stack or duct during the report year, the annual 

CH4 and N2O mass emissions from the units sharing the common stack or duct, expressed in 

metric tons of each gas and in metric tons of CO2 e.

(x) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, you must also report(x) For each stationary fuel 

combustion source that meets the criteria specified in paragraph (f) of this section, an estimate of 

the heat input from each type of fuel listed in Table C–2 of this subpart that was combusted 

during the report year in the units sharing the common stack or duct during the report year.

* * * * *

(e) * * *

(2) * * *

(i) For the Tier 1 Calculation Methodology, for each combustion unit that is connected to 

a device that has been granted access by the Public Utilities Commission to deliver power to the 

local or regional power grid (e.g., electricity generators excluding generators connected to 

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combustion units subject to subpart D of this part), and for which the combined nameplate 

capacity for all such devices at the facility is greater than or equal to 1 megawatt 

electricstationary fuel combustion source that meets the criteria specified in paragraph (f) of this 

section, report the total quantity of each type of fuel combusted in the unit or group of 

aggregated units (as applicable) during the reporting year, in short tons for solid fuels, gallons for 

liquid fuels and standard cubic feet for gaseous fuels, or, if applicable, therms or mmBtu for 

natural gas.

(ii) * * *

(A) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, report(A) For each stationary fuel combustion 

source that meets the criteria specified in paragraph (f) of this section, the total quantity of each 

type of fuel combusted in the unit or group of aggregated units (as applicable) during each month 

of the reporting year. Express the quantity of each fuel combusted during the measurement 

period in short tons for solid fuels, gallons for liquid fuels, and scf for gaseous fuels.

* * * * *

(C) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, report(C) For each stationary fuel combustion 

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source that meets the criteria specified in paragraph (f) of this section, the high heat values used 

in the CO2 emissions calculations for each type of fuel combusted during the reporting year, in 

mmBtu per short ton for solid fuels, mmBtu per gallon for liquid fuels, and mmBtu per scf for 

gaseous fuels. Report a HHV value for each calendar month in which HHV determination is 

required. If multiple values are obtained in a given month, report the arithmetic average value for 

the month. Indicate whether each reported HHV is a measured value or a substitute data value.

(D) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric(D) For each stationary fuel combustion source that 

meets the criteria specified in paragraph (f) of this section, if Equation C–2c of this subpart is 

used to calculate CO2 mass emissions, report the total quantity (i.e., pounds) of steam produced 

from MSW or solid fuel combustion during each month of the reporting year, and the ratio of the 

maximum rate heat input capacity to the design rated steam output capacity of the unit, in 

mmBtu per lb of steam. 

(E) For each HHV used in the CO2 emissions calculations for each type of fuel 

combusted during the reporting year, indicate whether the HHV is a measured value or a 

substitute data value.

* * * * *

(iv) * * *

(A) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

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electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, report(A) For each stationary fuel combustion 

source that meets the criteria specified in paragraph (f) of this section, the quantity of each type 

of fuel combusted in the unit or group of units (as applicable) during each month of the reporting 

year, in short tons for solid fuels, gallons for liquid fuels, and scf for gaseous fuels.

* * * * *

(C) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, report(C) For each stationary fuel combustion 

source that meets the criteria specified in paragraph (f) of this section, the carbon content and, if 

applicable, gas molecular weight values used in the emission calculations (including both valid 

and substitute data values). For each calendar month of the reporting year in which carbon 

content and, if applicable, molecular weight determination is required, report a value of each 

parameter. If multiple values of a parameter are obtained in a given month, report the arithmetic 

average value for the month. Express carbon content as a decimal fraction for solid fuels, kg C 

per gallon for liquid fuels, and kg C per kg of fuel for gaseous fuels. Express the gas molecular 

weights in units of kg per kg-mole.

* * * * *

(F) For each combustion unit that is connected to a device that has been granted access by 

the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

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electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, report(F) For each stationary fuel combustion source

that meets the criteria specified in paragraph (f) of this section, the annual average HHV, when 

measured HHV data, rather than a default HHV from Table C–1 of this subpart, are used to 

calculate CH4 and N2O emissions for a Tier 3 unit, in accordance with §98.33(c)(1).

* * * * *

(ix) * * *

(D) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, report(D) For each stationary fuel combustion 

source that meets the criteria specified in paragraph (f) of this section, the carbon-based F-factor 

used in Equation C–13 of this subpart, for each type of fossil fuel combusted, in scf CO2 per 

mmBtu.

(E) For each combustion unit that is connected to a device that has been granted access 

by the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, report(E) For each stationary fuel combustion 

source that meets the criteria specified in paragraph (f) of this section, the annual average HHV 

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value used in Equation C–13 of this subpart, for each type of fossil fuel combusted, in Btu/lb, 

Btu/gal, or Btu/scf, as appropriate.

(F) For each combustion unit that is connected to a device that has been granted access by 

the Public Utilities Commission to deliver power to the local or regional power grid (e.g., 

electricity generators excluding generators connected to combustion units subject to subpart D of 

this part), and for which the combined nameplate capacity for all such devices at the facility is 

greater than or equal to 1 megawatt electric, report(F) For each stationary fuel combustion source

that meets the criteria specified in paragraph (f) of this section, the total quantity of each type of 

fossil fuel combusted during the reporting year, in lb, gallons, or scf, as appropriate.

* * * * *

(f) For stationary combustion sources using the Tier 1, Tier 2, Tier 3, or Tier 4 

Calculation Methodologies in §98.33(a) to quantify CO2e emissions, reportEach stationary fuel 

combustion source (e.g., individual unit, aggregation of units, common pipe, or common stack) 

subject to reporting under paragraph (b), (c), or (d)(2) of this section must indicate if both of the 

following two conditions are met:

(1) Whether anyThe stationary combustion units are source contains at least one 

combustion unit connected to devicesa fuel-fired electric generator that havehas been granted 

access by the Public Utilities Commission to deliver power to the local or regional power grid.

(2) For all stationary combustion units that meet the criteria specified in paragraph (f)(1) 

of this section, indicate whether the combined nameplate capacity for all associated devices that 

are connected to the local or regional electric power grid (excluding generators that are 

connected to combustion units that are subject to subpart D of this part) is greater than or equal 

to than 1 megawatt.).

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(2) The stationary fuel combustion source is located at a facility for which the sum of the 

nameplate capacities for all electric generators specified in paragraph (f)(1) of this section is 

greater than or equal to 1 megawatt electric output.

Subpart E—[AMENDED]

6.7. Section 98.56 is amended by:

a. a. Revising the introductory text.;

b. b. Removing and reserving paragraphs (b), (c), (j)(1), and (j)(3).); and

c. c. Adding paragraphs (m) and (n). 

The revisions and additions read as follows:

§ 98.56 Data reporting requirements.

In addition to the information required by §98.3(c), each annual report must contain the 

information specified in paragraphs (a) through (n) of this section at the facility level.

* * * * *

(m) Annual quantity of cyclohexane fed to all production lines combined (metric tons).

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

* * * * *

Subpart F—[AMENDED]

7.8. Section 98.66 is amended by:

a. a. Removing and reserving paragraphs (a) and (c)(2). );

b. b. Revising paragraphparagraphs (c)(3), (e)(1), and (f)(1).); and

c. c. Removing and reserving paragraph (g).

The revisions read as follows:

§ 98.66 Data reporting requirements.

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* * * * *

(c) * * *

(2) [Reserved]

(3) The last date when the smelter-specific-slope coefficients (or overvoltage emission 

factors) were measured.

* * * * *

(e) * * *

(1) Annual anode consumption if using the method in §98.63(g).

* * * * *

(f) * * *

(1) Annual paste consumption if using the method in §98.63(g).

* * * * *

Subpart G—[AMENDED]

8.9. Section 98.76 is amended by:

a. Revising the introductory text.

b. a. Removing and reserving paragraph (b)(2) and paragraphs (b)(7) through 

(11).); and

c. b. Adding paragraphs (cb)(14) and (d15).

The revisions and additions read as follows:

§ 98.76 Data reporting requirements.

In addition to the information required by §98.3(c), each annual report must contain the 

information specified in paragraphs (a) through (d) of this section, as applicable for each 

ammonia manufacturing process unit.

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* * * * *

(cb) * * *

(14) Annual ammonia production (metric tons).

(d15) Annual methanol production (metric tons), if this quantity is not reported under 

subpart X of Part 98this part.

Subpart H—[AMENDED]

9.10. Section 98.86 is amended by:

a. a. Removing and reserving paragraphs (b)(2), (b)(5), (b)(6), (b)(8), (b)(10), and 

(12).);

b. b. Revising paragraphs (b)(13) and (15).); and

c. c. Adding paragraphs (b)(16) through (18). 

The revisions and additions read as follows:

§ 98.86 Data reporting requirements.

* * * * *

(b) * * *

(12) [Reserved]

(13) Name of raw kiln feed or raw material.

* * * * *

(15) Method used to determine the monthly clinker production from each kiln.

(16) Annual clinker production (metric tons).

(17) Annual average clinker CO2 emission factor for the facility, averaged across all kilns 

(metric tons CO2/metric ton clinker produced).

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(18) Annual average CKD CO2 emission factor for the facility, averaged across all kilns 

(metric tons CO2/metric ton CKD produced).

Subpart K—[AMENDED]

10.11. Section 98.116 is amended by:

a. a. Removing and reserving paragraphs (b), (e)(4), and (e)(5).); and

b. b. Revising paragraph (e)(6).

The revisions read as follows:

§ 98.116 Data reporting requirements.

* * * * *

(e) * * *

(5) [Reserved]

(6) List the method used for the determination of carbon content for each material 

included for the calculation of annual process CO2 emissions for each EAF (e.g., supplier 

provided information, analyses of representative samples you collected).

* * * * *

Subpart L—[AMENDED]

11.12. Section 98.126 is amended by:

a. a. Revising paragraph (b)(1).);

b. b. Removing and reserving paragraph (b)(2).);

c. c. Revising paragraphs (b)(6)), (b)(7), and (b)(8)(i) through (iv).);

d. d. Removing and reserving paragraphs (b)(8)(v) and (b)(9).);

e. e. Revising paragraph (c)(1).);

f. f. Removing and reserving paragraph (c)(2).);

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g. g. Revising paragraph (d).); and

h. h. Removing and reserving paragraphs (f)(1), (g)(1), and (h)(2).

The revisions read as follows:

§ 98.126 Data reporting requirements.

* * * * *

(b) * * *

(1) If you calculate the relative and absolute errors under § 98.123(b)(1), the absolute and 

relative errors calculated under paragraph § 98.123(b)(1).

(2) [Reserved]

* * * * *

(6) The chemical formula of each fluorine-containing reactant that is fed into the process

(metric tons)..

* * * * *

(7) The chemical formula of each fluorine-containing product produced by the process.

(8) * * *

(i) The chemical formula of each fluorine-containing product that is removed from the 

process and fed into the destruction device (metric tons)..

(ii) The chemical formula of each fluorine-containing by-product that is removed from 

the process and fed into the destruction device (metric tons)..

(iii) The chemical formula of each fluorine-containing reactant that is removed from the 

process and fed into the destruction device (metric tons)..

(iv) The chemical formula of each fluorine-containing by-product that is removed from 

the process and recaptured (metric tons)..

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(v) [Reserved]

(9) [Reserved]

* * * * *

(c) * * *

(1) The identity of the process activity used to estimate emissions (e.g., product produced 

or reactant consumed).

(2) [Reserved]

* * * * * 

(d) Reporting for missing data. Where missing data have been estimated pursuant to §

98.125, you must report the:

(1) The reason the data were missing, the length of time the data were missing, and the 

method used to estimate the missing data.

(2) Estimates of the missing data for all missing data associated with data elements 

required to be reported in this section.

* * * * *

Subpart N—[AMENDED]

12.13. Section 98.146 is amended by revising paragraph (b)(2) and removing and 

reserving paragraphparagraphs (b)(4) and (b)(6) to read as follows:

§ 98.146 Data reporting requirements.

* * * * * 

(b) * * *

(2) Annual quantity of each carbonate-based raw material charged (tons) to all furnaces 

combined.

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* * * * *

Subpart O—[AMENDED]

13.14. Section 98.156 is amended by:

a. a. Removing and reserving paragraphs (a)(2), (a)(7) through (10), (b)(1), and 

(b)(2).);

b. b. Revising paragraph (d) introductory paragraph.text; and

c. c. Removing and reserving paragraphs (d)(1), (d)(5), and (e)(1). 

The revisions read as follows:

§ 98.156 Data reporting requirements.

* * * * *

(d) If the HFC–23 concentration measured pursuant to §98.154(l) is greater than that 

measured during the performance test that is the basis for the destruction efficiency (DE), the 

facility shall report the following:

(1) [Reserved]

* * * * *

Subpart P—[AMENDED]

14.15. Section 98.166 is amended by:

a. a. Revising the introductory paragraph.text;

b. b. Removing and reserving paragraphs (b)(2), (b)(5), and (b)(6).); and

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

The revisions and additions read as follows:

§ 98.166 Data reporting requirements.

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In addition to the information required by §98.3(c), each annual report must contain the 

information specified in paragraphs (a) or (b) of this section, as appropriate, and paragraphs (c) 

through (e) of this section:

* * * * *

(b) * * *

(5) [Reserved]

(6) [Reserved]

(7) Name and annual quantity (metric tons) of each carbon-containing fuel and feedstock.

* * * * * 

(e) Annual methanol production (metric tons), if this quantity is not reported under 

subpart X of Part 98this part.

Subpart Q—[AMENDED]

15.16. Section 98.176 is amended by:

a. a. Revising paragraph (b). );

b. Removing and reserving paragraphs (e)(1), (e)(3), (e)(4),); and adding paragraph 

(e)(6); and

b. c. Removing and reserving paragraphs (f)(2) through (4), and (g).

c.Adding paragraph (e)(6).

The revisions and additions read as follows:

§ 98.176 Data reporting requirements.

* * * * *

(b) If a CEMS is used to measure CO2 emissions or if you determined CO2 emissions 

using the site-specific emission factor method in §98.173(b)(2) based on the total quantity of raw 

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material feed (metric tons of CO2 per metric ton of raw material feed),, then you must report the 

annual production quantity for the production unit (in metric tons) for taconite pellets, coke, 

sinter, iron, and raw steel. 

* * * * *

(e) * * *

(6) The information specified in paragraphs (e)(6)(i) through (vi) of this section 

aggregated for all process units for which CO2 emissions were determined using the mass 

balance method in § 98.173(b)(1), except as provided in § 98.174(b)(4). 

(i) The annual mass (metric tons) of all gaseous, liquid, and solid fuels (combined) used 

in process units for which CO2 emissions were determined using Equations Q-1 through Q-7 of 

this section, calculated as specified in Equation Q-9 of this section.

 (∑ 

 

 

 

 

 ) (Eq. Q-9)

Where:

Fuel = Annual mass of all gaseous, liquid, and solid fuels used in process units 

(metric tons).

n = Number of process units where fuel is used.

Fg,i = Annual volume of gaseous fuel combusted (―(Fg)‖ in Equations Q-1, Q-4 

and Q-7 of this section) for each process (scf).

MWi = Molecular weight of gaseous fuel used in each process (kg/kg-mole).

MVC = Molar volume conversion factor at standard conditions, as defined in §

98.6. Use 849.5 scf per kg mole if you select 68 °F as standard 

temperature and 836.6 scf per kg mole if you select 60 °F as standard 

temperature.

Fl,i = Annual volume of the liquid fuel combusted (―(Fl)‖ included in Equation 

Q-1 of this section) for each process unit (gallons).

Fs,i = Annual mass of the solid fuel combusted (―(Fs)‖ in Equation Q-1 of this 

section) for each process unit (metric tons). 

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

0.001 = Conversion factor from kg to metric tons.

(ii) The annual mass (metric tons) of all non-fuel material inputs (combined) specified in 

Equations Q-1 through Q-7 of this section, calculated as specified in Equation Q-10 of this 

section.

 (∑ 

 

 

 )

(Eq. Q-10)

Where:

NFI = Annual mass of all non-fuel inputs (to all process unit types) specified in 

Equations Q-1 through Q-7 of this section (metric tons).

n = Number of process units, all process types.

O = Annual mass of greenball (taconite) pellets fed to the taconite furnace(s) 

(metric tons).

Iron = Annual mass of molten iron charged to the basic oxygen furnace(s) plus 

annual mass of direct reduced iron charged to the EAF(s) (metric tons).

Scrap = Annual mass of ferrous scrap charged to the basic oxygen furnace(s) and 

EAF(s) (metric tons).

Flux = Annual mass of flux materials charged to the basic oxygen furnace(s) and 

EAF(s) (metric tons).

Carbon = Annual mass of carbonaceous materials (e.g., coal, coke) charged to the 

basic oxygen furnace(s), EAF(s), and direct reduction furnace(s) (metric 

tons).

Coal = Annual mass of coal charged to the coke oven battery(s) (metric tons).

Feed = Annual mass of sinter feed material charged to the sinter process(es) 

(metric tons).

Electrode = Annual mass of carbon electrode consumed in the EAF(s) (metric tons).

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6.44"

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Steelin = Annual mass of molten steel charged to the decarburization vessels (metric 

tons).

Ore = Annual mass of iron ore or iron ore pellets fed to the direct reduction 

furnace(s) (metric tons).

Other = Annual mass of other materials charged to the direction reduction 

furnace(s) (metric tons).

(iii) The annual mass (metric tons) of all solid and liquid products and byproducts 

(combined) specified in Equations Q-1 through Q-7 of this section, calculated as specified in 

Equation Q-11 of this section.

 (∑

 

 ) (Eq. Q-11)

Where:

Products = Annual mass of all solid and liquid products and by-products (from all 

process units) specified in Equations Q-1 through Q-7 of this section

(metric tons).

n = Number of process units, all types.

P = Annual mass of fired pellets produced by the taconite furnace (metric 

tons).

R = Annual mass of air pollution control residue from all process units (metric 

tons).

Steelout = Annual mass of steel produced by the basic oxygen furnace(s), EAF(s) and 

decarburization vessel(s) (metric tons).

Slag = Annual mass of slag produced by the basic oxygen furnace(s) and EAF(s) 

(metric tons).

Coke = Annual mass of coke produced by the non-recovery coke batteries (metric 

tons).

Sinter = Annual mass of sinter produced from the sinter process(es) (metric tons).

Iron = Annual mass of iron produced from the direct reduction furnace (metric 

tons).

NM = Annual mass of non-metallic materials produced by the direct reduction 

furnace (metric tons).

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(iv) The weighted average carbon content of all gaseous, liquid, and solid fuels 

(combined) included in Equation Q-9 of this section, calculated as specified in Equation Q-12 of 

this section.

 

( ∑ 

 

 

 

 

 )

 

(Eq. Q-12)

Where:

CFavg = Weighted average carbon content of all gaseous, liquid, and solid fuels 

included in Equation Q-9 of this section (weight fraction).

n = Number of gaseous, liquid, and solid fuel input to each process unit as 

used in Equation Q-9.

Cgf,i = Average carbon content of the gaseous fuel used in each process, from the 

fuel analysis results (kg C per kg of fuel).

Clf,i = Carbon content of the liquid fuel used in each process, from the fuel 

analysis results (kg C per gallon of fuel.

Csf = Carbon content of the solid fuel used in each process, from the fuel 

analysis (expressed as a decimal fraction, e.g., 95% = 0.95).

Fuel = Annual mass of all gaseous, liquid, and solid fuels used in process units 

(metric tons), as calculated in Equation Q-9 of this section.

(v) The weighted average carbon content of all non-fuel inputs to all process units 

(combined) included in Equation Q-10 of this section, calculated as specified in Equation Q-13 

of this section.

 

(∑ 

 

 

)

 

(Eq. Q-13)

Where:

CIavg = Weighted average carbon content of all non-fuel inputs to all process units 

included in Equation Q-10 of this section (weight fraction).

n = Number of non-fuel inputs to all process units as used in Equation Q-10.

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NFIi = Annual mass of each non-fuel input used in Equation Q-10 (metric tons).

CNFIi = Average carbon content of each non-fuel input used in Equation Q-10 

(expressed as a decimal fraction).

NFI = Total of all non-fuel inputs to all process units (metric tons).

(vi) The weighted average carbon content of all solid and liquid products and byproducts 

from all process units (combined) included in Equation Q-11 of this section, calculated as 

specified in Equation Q-14 of this section.

 

(∑ 

 

 

)

 

(Eq. Q-14)

Where:

CPavg = Weighted average carbon content of all solid and liquid products and 

byproducts from all process units (weight fraction).

n = Number of products and byproducts from each process unit as used in 

Equation Q-11 of this section.

Producti = Annual mass of each product or byproduct used in Equation Q-11 of this 

section (metric tons).

Cp,i = Average carbon content of each product or byproduct used in Equation Q11 of this section (expressed as a decimal fraction).

Products = Mass of all products and byproducts from all process units, calculated in 

Equation Q-11 of this section (metric tons).

* * * * *

Subpart R—[AMENDED]

16.17. Section 98.186 is amended by removing and reserving paragraphs (b)(6) and 

(b)(7); and revising paragraph (b)(8) to read as follows:

a. Removing and reserving paragraphs (b)(6) and (b)(7).

b. Revising paragraph (b)(8).

§ 98.186 Data reporting procedures.

* * * * *

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(b) * * *

(6) [Reserved]

(7) [Reserved]

(8) List the method used for the determination of carbon content for each material used 

for the calculation of annual process CO2 emissions using Equation R–1 of this subpart for each 

smelting furnace (e.g., supplier provided information, analyses of representative samples you 

collected).

* * * * *

Subpart S—[AMENDED]

17.18. Section 98.196 is amended by:

a. a. Revising paragraph (b) introductory paragraph.text;

b. b. Removing and reserving paragraphs (b)(2), (b)(3), (b)(5), (b)(6), (b)(8), 

(b)(10), (b)(11), and (b)(12).); and

c. c. Adding paragraph (b)(18).

The revisions and additions read as follows:

§ 98.196 Data reporting requirements.

* * * * *

(b) If a CEMS is not used to measure CO2 emissions, then you must report the 

information listed in paragraphs (b)(1) through (18) of this section.

* * * * *

(18) Annual quantity (metric tons) of lime product sold, by type.

Subpart U—[AMENDED]

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18.19. Section 98.216 is amended by removing and reserving paragraphs (b), (e)(1), 

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

Subpart V—[AMENDED]

19.20. Section 98.226 is amended by:

a. a. Revising the introductory paragraph.text;

b. b. Removing and reserving paragraphs (d), (m)(1), and (m)(3).); and

c. c. Adding paragraph (q).

The revisions and additions read as follows:

§ 98.226 Data reporting requirements.

In addition to the information required by § 98.3(c), each annual report must contain the 

information specified in paragraphs (a) through (q) of this section.

* * * * *

(d) [Reserved]

* * * * *

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

Subpart X—[AMENDED]

20.21. Section 98.246 is amended by:

a. a. Revising paragraph (a) introductory paragraphtext and paragraphparagraphs

(a)(2) and (a)(4).);

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

c. c. Revising paragraph (b) introductory paragraph.text;

d. d. Removing and reserving paragraphs (b)(5)(iii) and (b)(5)(iv).); and

e. e. Adding paragraphs (b)(9) and (b)(10).

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The revisions and additions read as follows:

§ 98.246 Data reporting requirements.

* * * * * 

(a) If you use the mass balance methodology in § 98.243(c), you must report the 

information specified in paragraphs (a)(1) through (a)(13) of this section for each type of 

petrochemical produced, reported by process unit.

* * * * * 

(2) The type of petrochemical produced, names of products, and names of carboncontaining feedstocks.

* * * * * 

(4) The temperature (in °F) at which the gaseous feedstock and product volumes used in 

Equation X–1 of this subpart were determined.

* * * * *

(12) Name and annual quantity (in metric tons) of each carbon-containing feedstock 

included in Equations X-1, X-2, and X-3 of § 98.243 of this subpart.

(13) Name and annual quantity (in metric tons) of each carbon-containing co-product 

included in Equations X-1, X-2, and X-3 of § 98.243 of this subpart.

(b) If you measure emissions in accordance with § 98.243(b), then you must report the 

information listed in paragraphs (b)(1) through (b)(10) of this section.

* * * * *

(9) Name and annual quantity (in metric tons) of each carbon-containing feedstock.

(10) Name and annual quantity (in metric tons) of each carbon-containing co-product.

* * * * *

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Subpart Y—[AMENDED]

21.22. Section 98.256 is amended by: 

a. a. Revising paragraphs (e)(6) and (e)(7) introductory paragraph.text;

b. b. Removing and reserving paragraph (e)(7)(ii).);

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

d. d. Adding paragraph (e)(11).);

e. e. Revising paragraphs (f)(7) and (f)(10) through (13).);

f. f. Removing and reserving paragraph (h)(4).);

g. g. Revising paragraphs (h)(5), (i)(5), (i)(7), and (i)(8).);

h. h. Removing and reserving paragraph (j)(2).);

i. i. Revising paragraphs (j)(5) through (9), (k)(3), (k)(4), (l)(5), and (m)(3).);

j. j. Removing and reserving paragraphs (o)(2)(ii) and), (o)(4)(ii) through (v).), 

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

k. k. Revising paragraph (p)(2).

The revisions and additions read as follows:

§ 98.256 Data reporting requirements.

* * * * *

(e) * * *

(6) If you use Equation Y–1a of this subpart, an indication of whether daily or weekly 

measurement periods are used, the annual volume of flare gas combusted (in scf/year) and the 

annual average molecular weight (in kg/kg-mole), and annual average carbon content of the flare 

gas (in kg carbon per kg flare gas).

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(7) If you use Equation Y–1b of this subpart, an indication of whether daily or weekly 

measurement periods are used, the annual volume of flare gas combusted (in scf/year), the 

annual average CO2 concentration (volume or mole percent), the number of carbon containing 

compounds other than CO2 in the flare gas stream, and for each of the carbon containing 

compounds other than CO2 in the flare gas stream:

* * * * *

(9) If you use Equation Y–3 of this subpart, the number of SSM events exceeding 

500,000 scf/day.

(10) The basis for the value of the fraction of carbon in the flare gas contributed by 

methane used in Equation Y–4 of this subpart.

(11) If using Equation Y-3 of this subpart, report:

(i) Annual quantity of flare gas combusted (in MMscf per year).

(ii) Annual average molecular weight of flare gas combusted (in mmBtu per MMscf).

(iii) Annual average carbon content of flare gas combusted (expressed as a decimal 

fraction).

(f) * * *

(7) If you use Equation Y–6 of this subpart, the annual average exhaust gas flow rate, 

%CO2, and %CO.

* * * * *

(10) If you use Equation Y–8 of this subpart, the basis for the value of the coke burn-off 

factor, annual throughput of unit, and the average carbon content of coke.

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(11) Indicate whether you use a measured value, a unit-specific emission factor, or a 

default emission factor for CH4 emissions. If you use a unit-specific emission factor for CH4, 

report the basis for the factor.

(12) Indicate whether you use a measured value, a unit-specific emission factor, or a 

default emission factor for N2O emissions. If you use a unit-specific emission factor for N2O, 

report the basis for the factor.

(13) If you use Equation Y–11 of this subpart, the number of regeneration cycles or 

measurement periods during the reporting year and the average coke burn-off quantity per cycle 

or measurement period.

* * * * *

(h) * * *

(4) [Reserved]

(5) If you recycle tail gas to the front of the sulfur recovery plant, indicate whether the 

recycled flow rate and carbon content are included in the measured data under § 98.253(f)(2) and 

(3). Indicate whether a correction for CO2 emissions in the tail gas was used in Equation Y–12.

of this subpart. If so, then report:

(i) The value of the correction. 

(ii) If the following data are not used to calculate the recycling correction factor, report 

the information specified in paragraphs (h)(5)(ii)(A) through (C) of this section.

(A) The annual volume of recycled tail gas (in scf/year) only.

(B) The annual average mole fraction of carbon in the tail gas (in kg-mole C/kg-mole 

gas). 

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(C) Indicate whether you used the default (95%) or a unit specific correction, and if used, 

report the approach used.

* * * * *

(i) * * * 

(5) If you use Equation Y–13 of this subpart, an indication of whether coke dust is 

recycled to the unit (e.g., all dust is recycled, a portion of the dust is recycled, or none of the dust

is recycled).

* * * * *

(7) Indicate whether you use a measured value, a unit-specific emission factor or a 

default for CH4 emissions. If you use a unit-specific emission factor for CH4, report the basis for 

the factor.

(8) Indicate whether you use a measured value, a unit-specific emission factor, or a 

default emission factor for N2O emissions. If you use a unit-specific emission factor for N2O, 

report the basis for the factor.

(j) * * *

(5) If you use Equation Y–14 of this subpart, the basis for the CO2 emission factor used.

(6) If you use Equation Y–15 of this subpart, the basis for the CH4 emission factor used.

(7) If you use Equation Y–16 of this subpart, the basis for the carbon emission factor 

used.

(8) If you use Equation Y–16b of this subpart, the basis for the CO2 emission factor used 

and the basis for the carbon emission factor used.

(9) If you use Equation Y–17 of this subpart, the basis for the CH4 emission factor used.

(k) * * *

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(3) The total number of delayed coking units at the facility; the total number of delayed 

coking drums at the facility; and, for each coke drum or vessel, the typical drum outage (i.e. the 

unfilled distance from the top of the drum, in feet).

(4) For each set of coking drums that are the same dimensions, the number of coking 

drums in the set, and the mole fraction of methane in coking gas (in kg-mole CF4/kg-mole gas, 

wet basis).

* * * * *

(l) * * *

(5) The annual volumetric flow discharged to the atmosphere (in scf), and an indication 

of the measurement or estimation method, annual average mole fraction of each GHG above the 

concentration threshold or otherwise required to be reported and an indication of the 

measurement or estimation method, and for intermittent vents, the number of venting events and 

the cumulative venting time.

(m) * * *

(3) For uncontrolled blowdown systems reporting under § 98.253(k), the basis for the 

value of the methane emission factor used for uncontrolled blowdown systems.

* * * * *

(p) * * *

(2) The types of materials loaded that have an equilibrium vapor-phase concentration of 

methane of 0.5 volume percent or greater, and the type of vessel (barge, tanker, marine vessel, 

etc.) in which each type of material is loaded.

* * * * *

Subpart Z—[AMENDED]

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22.23. Section 98.266 is amended by removing and reserving paragraphs (f)(5) and 

(f)(6).

Subpart AA—[AMENDED]

23.24. Section 98.276 is amended by:

a. a. Revising the introductory paragraph.;

b. b. Removing and reserving paragraph (b).);

c. c. Revising paragraph (c).);

d. d. Removing and reserving paragraphs (d), (f), (g), (h) and (i).); and

e. e. Adding paragraphs (l) and (m).

The revisions and additions read as follows:

§ 98.276 Data reporting requirements.

In addition to the information required by § 98.3(c) and the applicable information 

required by § 98.36, each annual report must contain the information in paragraphs (a) through 

(m) of this section as applicable:

* * * * *

(b) [Reserved]

(c) Basis for determining the annual mass of the spent liquor solids combusted (whether 

based on T650 om-05 Solids Content of Black Liquor, TAPPI (incorporated by reference, see §

98.7) or an online measurement system).

(d) [Reserved]

* * * * * 

(l) For each pulp mill lime kiln, report the information specified in paragraphs (l)(1) and 

(2) of this section.

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(1) The quantity of calcium oxide (CaO) produced (metric tons).

(2) The percent of annual heat input, individually for each fossil fuel type.

(m) For each chemical recovery furnace and each chemical recovery combustion unit for 

which you are not using Equation C-2c of this part to calculate CO2 emissions, report the 

information specified in paragraphs (m)(1) and (2) of this section.

(1) The annual mass of steam generated (lb steam), individually for each fossil fuel type 

and for spent liquor solids.

(2) The ratio of the unit‘s maximum rated heat input capacity to its design rated steam 

output capacity (mmBtu/lb steam), individually for each fossil fuel type and for spent liquor 

solids.

Subpart BB—[AMENDED]

24.25. Section 98.286 is amended by removing and reserving paragraphs (b)(1), (b)(4), 

and (b)(6).

Subpart CC—[AMENDED]

25.26. Section 98.296 is amended by removing and reserving paragraphs (b)(5) through 

(7).

Subpart EE—[AMENDED]

26.27. Section 98.316 is amended by removing and reserving paragraphs (b)(6) and 

(b)(9).

Subpart GG—[AMENDED]

27.28. Section 98.336 is amended by removing and reserving paragraphs (b)(6), (b)(7),

and (b)(10).

Subpart TT—[AMENDED]
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28.29. Section 98.466 is amended by:

a. a. Removing and reserving paragraph (c)(3)(i).);

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

c. c. Removing and reserving paragraph (c)(3)(iii).

The revisions read as follows:

§ 98.466 Data reporting requirements.

* * * * *

(c) * * *

(3) * * *

(i) [Reserved]

(ii) The year of the data used in Equation TT-2 for the waste disposal quantity and 

production quantity, for each year used in Equation TT–2 of this subpart to calculate the average 

waste disposal factor (WDF).

(iii) [Reserved]

* * * * *

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