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MEMORANDUM

TO: Rachel Schmeltz, EPA

FROM: Tracy Curtis, Brandon Long, Denise Bevington, ERG

DATE: December 10, 2015

SUBJECT: Assessment of Burden Impacts of 2015 Revisions to the Greenhouse Gas 

Reporting Rule

EPA is proposing to revise specific subparts of the Greenhouse Gas Reporting Rule to 

streamline and improve implementation of the rule and to improve the quality and consistency of 

the data collected. These changes are referred to as the “2015 Revisions.” 

This memorandum explains how reporters will be affected by the proposed 2015 

Revisions and presents the impacts of the proposed changes to reporters. The memorandum is 

organized as follows:

Section 1.0: Background and Introduction for 2015 Revisions

Section 2.0: Summary of Impacts

Section 3.0: Methodology 

Section 4.0: Impacts of Other Technical Revisions and Amendments

Section 5.0: Confidentiality Determinations For New Or Revised Reporting Elements

1.0 BACKGROUND AND INTRODUCTION FOR 2015 REVISIONS

Facilities affected by the Greenhouse Gas Reporting Rule must report facility, emissions, 

and emissions-related data to EPA through the electronic Greenhouse Gas Reporting Tool (eGGRT). These data comprise hundreds of data elements that will inform future policy decisions. 

To date, data have been reported for reporting years (RY) 2010 through RY2014. 

EPA is proposing to amend specific provisions in the Greenhouse Gas Reporting Rule to 

streamline and improve implementation of the rule, improve the quality and consistency of the 

data collected under the rule, and to clarify or propose minor updates to certain provisions that 

have raised questions from reporting entities. These 2015 Revisions would improve the quality 

and consistency of the data collected, as well as improve the efficiency of the reporting process 

for both EPA and reporters. EPA has categorized the proposed changes into four categories: 
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 Amendments that would expand current applicability, monitoring, or reporting

requirements that are necessary to enhance the quality of the data collected, improve 

verification of collected data under the Greenhouse Gas Reporting Program (GHGRP),

and improve the accuracy of GHGRP data used in the Inventory of U.S. Greenhouse Gas 

Emissions and Sinks (U.S. GHG Inventory). 

 Revisions to streamline implementation of the rule by reducing or simplifying 

requirements that would ease burden on reporters and EPA, such as revising requirements

to focus GHGRP and reporter resources on relevant data, removing reporting 

requirements for specific facilities that report little to no emissions, or removing reported 

data elements that are no longer necessary. 

 Other amendments, such as amendments to calculation, monitoring, or measurement 

methods that would address prior petitioner or commenter concerns (e.g., amendments 

that provide additional flexibility for facilities or that more accurately reflect industry 

processes and emissions). 

 Minor clarifications and corrections that are needed to clarify the rule, including: 

corrections to errors in terms and definitions in certain equations; clarifications that 

provide additional information for reporters to better or more fully understand 

compliance obligations; changes to correct cross references within and between subparts; 

and other editorial or harmonizing changes that would improve the public’s 

understanding of the rule. 

Some of the amendments in this proposed action are expected to change the burden on 

reporters. Revisions to streamline implementation are expected to reduce burden on reporters. 

Revisions that would expand or revise current applicability, monitoring requirements, or 

reporting requirements are anticipated to increase burden on reporters. Other technical 

amendments and minor clarifications and corrections would have little effect on burden for 

reporters. 

EPA is proposing to implement the 2015 Revisions over RY2016, RY2017, and RY2018. 

This document describes the increase or decrease in burden for each subpart and the total 

incremental burden as changes are implemented in future reporting years.

2.0 SUMMARY OF IMPACTS 

The 2015 Revisions are anticipated to increase burden in cases where the proposed 

amendments would expand current applicability, monitoring, or reporting, and are anticipated to 

decrease burden in cases where the proposed amendments would streamline Part 98 to remove 

notification or reporting requirements or simplify the data that must be reported. The proposed 

changes would be implemented over RY2016, RY2017, and RY2018. The burden was 

subsequently determined based on when the proposed revisions would be implemented in each 

year. One-time implementation costs would apply for certain revisions to applicability and 

monitoring revisions that would be implemented in RY2017 and RY2018; therefore, to 
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determine the total annual burden that will be incurred by industry once all revisions are 

implemented, costs were estimated from RY2016 through RY2019. The incremental 

implementation costs for each reporting year are summarized in Table 2.1 of this document.

One-time implementation costs are incorporated into first year costs, while subsequent year costs 

represent the average annual burden that will be incurred in total by all impacted reporters.

Table 2.1 Total Incremental Burden for Reporting Years 2016-2019 ($2011/year)

Cost Summary RY2016 RY2017 RY2018 RY2019

First Year Costs $9,359 $25,650 $1,972,555 --

Subsequent Year Annual Costs for Changes Implemented in:

2016 -- $8,132 $8,132 $9,359

2017 -- -- $25,650 $25,650

2018 -- -- -- $1,046,821

Total Costs by Year (all subparts) $9,359 $33,782 $2,006,337 $1,081,830

To quantify burden of the proposed amendments, we considered the estimated 

incremental change in burden anticipated from amendments that:

1) Revise applicability such that additional facilities would be required to report under 

Part 98. EPA is proposing revisions that would expand the applicability of two 

subparts of Part 98: subpart V (Nitric Acid Production) and subpart OO (Suppliers of 

Industrial Greenhouse Gases).

2) Change the reporting requirements by adding, revising, or removing existing data 

elements. The EPA is proposing to add or revise 118 reported data elements in 21 

subparts of Part 98 in order to improve the data quality of the GHGRP. EPA is also 

proposing to remove 18 data elements in five subparts to streamline rule 

requirements. 

3) Revise monitoring requirements such that facilities would need to collect additional 

data. EPA is proposing changes to the monitoring requirements of subpart FF of Part 

98 (Underground Coal Mines) to remove the option to allow U.S. Mine Safety and 

Health Administration (MSHA) quarterly inspection reports to be used as a source of 

data for monitoring methane liberated from ventilation systems. Instead, facilities 

would be required to independently collect their own grab samples on a quarterly 

basis or use continuous emissions monitoring. 

The schedule for the proposed revisions and the estimated incremental burden on 

reporters for each of these three categories of changes are discussed in section 2.1. The 

methodology for estimating the change in burden for the subparts affected by these changes is 

discussed in Section 3.0 of this document. 
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In addition to the above amendments, EPA is proposing technical revisions and other 

clarifications to several subparts in the GHG reporting rule that are not anticipated to have a 

significant impact on burden. These amendments are discussed further in Section 4.0 of this 

document. EPA is also proposing confidentiality determinations for new or substantially revised 

reporting data elements, which do not affect the burden on reporters, as presented in Section 5.0 

of this document. 

2.1 Implementation Schedule and Summary of Burden by Subpart

EPA is proposing to implement the 2015 Revisions over RY2016, RY2017, and RY2018. 

The proposed changes would be implemented in each reporting year on a subpart basis, with the 

exception of minor harmonizing revisions to subpart A that would be implemented in RY2016 

and RY2018. Table 2.2 shows when the proposed revisions for each subpart would become 

effective; note that not all subparts listed in Table 2.2 contain revisions that are anticipated to 

impact burden.

Table 2.2 Implementation Schedule by Subpart

Reporting Year Subparts Affected

2016 I, HH, A (harmonizing revisions to §98.6)

2017 A, C, E, F, G, N, O, P, Q, S, U, X, Z, AA, CC, DD, II, LL, MM, NN, PP, RR, TT, UU

2018 V, Y, FF, OO, A (harmonizing revisions to §98.7(l) and Table A-5)

As noted above, to quantify the burden associated with the proposed amendments, the 

estimated incremental change in burden was calculated for amendments that: 1) revise 

applicability such that additional facilities would be required to report; 2) change the reporting 

requirements by adding, revising, or removing existing data elements; or 3) revise monitoring 

requirements such that facilities would need to collect additional data. Revisions to reporting 

requirements would be implemented in RY2016, RY2017, and RY2018 on a subpart basis and 

include annual labor costs. Revisions to monitoring requirements (subpart FF only) would be 

implemented in RY2018; the burden associated with these proposed revisions includes both 

annual burden and one-time implementation costs that would apply for RY2018. Revisions that 

affect the applicability of subparts (subparts V and OO only) would be implemented in RY2018; 

the burden associated with these proposed revisions includes both annual burden and one-time 

implementation costs that would apply for RY2018.

Table 2.3 of this document includes the estimated incremental burden by subpart and by 

each of these three categories of changes, by implementation year. The methodology for 

estimating the change in burden for these subparts is discussed in Section 3.0 of this document.
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Table 2.3 Incremental Burden by Subpart ($2011)

Subpart

Costs for Additional 

Reporters

Costs for Revisions to 

Reporting

Costs For Revisions to 

Monitoring Provisions Total Cost

First

Year

Subsequent

Year First Year SubsequentYear First Year SubsequentYear First Year SubsequentYear

Changes Implemented in RY2016

I $0 $0 $1,226 $0

a $0 $0 $1,226 $0a

HH $0 $0 $8,132 $8,132 $0 $0 $8,132 $8,132

Total Costs for Changes Implemented in RY2016 $9,359 $8,132

Changes Implemented in RY2017

A $0 $0 $4,906 $4,906 $0 $0 $4,906 $4,906

C $0 $0 $12,139 $12,139 $0 $0 $12,139 $12,139

E $0 $0 $10 $10 $0 $0 $10 $10

F $0 $0 $73 $73 $0 $0 $73 $73

G $0 $0 $228 $228 $0 $0 $228 $228

Nb $0 $0 $0 $0 $0 $0 $0 $0

O $0 $0 $106 $106 $0 $0 $106 $106

P

b $0 $0 $0 $0 $0 $0 $0 $0

Qb $0 $0 $0 $0 $0 $0 $0 $0

S $0 $0 $744 $744 $0 $0 $744 $744

Ub $0 $0 $0 $0 $0 $0 $0 $0

X $0 $0 $1,074 $1,074 $0 $0 $1,074 $1,074

Z $0 $0 $40 $40 $0 $0 $40 $40

AAb $0 $0 $0 $0 $0 $0 $0 $0

CC $0 $0 $33 $33 $0 $0 $33 $33

DD $0 $0 $2,000 $2,000 $0 $0 $2,000 $2,000

II $0 $0 $2,562 $2,562 $0 $0 $2,562 $2,562

LLc $0 $0 -$17 -$17 $0 $0 -$17 -$17

MMb $0 $0 $0 $0 $0 $0 $0 $0

NN $0 $0 $1,752 $1,752 $0 $0 $1,752 $1,752

PPb $0 $0 $0 $0 $0 $0 $0 $0

RRd $0 $0 $0 $0 $0 $0 $0 $0

TTb $0 $0 $0 $0 $0 $0 $0 $0

UUb $0 $0 $0 $0 $0 $0 $0 $0

Total Costs for Changes Implemented in RY2017 $25,650 $25,650

Changes Implemented in RY2018

V $83,544 $66,403 $129 $129 $0 $0 $83,673 $66,531

Y $0 $0 $1,448 $1,448 $0 $0 $1,448 $1,448

FF $0 $0 $2,066 $2,066 $1,848,571 $949,582 $1,850,638 $951,648

OO $36,215 $26,612 $582 $582 $0 $0 $36,797 $27,194

Total Costs for Changes Implemented in RY2018 $1,972,555 $1,046,821

Total

Cost (All 

Subparts)

$119,759 $93,015 $39,234 $38,007 $1,848,571 $949,582 $2,006,337 $1,081,830

a Costs for subpart I include new data elements related to the triennial technology report required by §98.96(y). The first report must be submitted 

with RY2016 reports on March 31, 2017 and every three years thereafter. For the purposes of estimating burden, the annual costs associated with 

the data elements were included for RY2016 and RY2019 (Table 2.1) and not for RY2017 or RY2018.

b The proposed changes to this subpart include only minor revisions, clarifications, and corrections that have no impact on the burden to reporters.

c This entry is a negative value because five data elements were removed from the reporting requirements of subpart LL and no new data 

elements were added or current data elements revised for the subpart, resulting in a net cost savings for this source category.
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d There is no increase in costs for the new data element proposed to be reported under subpart RR (Geologic Sequestration of Carbon Dioxide) 

because there are no facilities currently reporting, or projected to report, under this source category in the next three years.

To obtain the total annual incremental burden for RY2016 through RY2019 in Table 2.1 

of this document, the first-year and subsequent year costs for all revisions implemented within 

the reporting year were totaled (e.g., the total incremental burden for RY2018 includes first-year 

costs for revisions implemented in RY2018, and subsequent year costs for revisions 

implemented in RY2016 and RY2017.)

2.2 Small Entity Impacts

The impacts to small entities due to the revisions was evaluated for each subpart. The 

small entities directly regulated by these final rule revisions include small businesses across all 

sectors of the economy encompassed by Part 98, small governmental jurisdictions, and small 

non-profits. Detailed analyses of the cost impacts to small entities were performed for subpart V, 

subpart FF, and subpart OO, where revisions to applicability or monitoring requirements result in 

a significant increase in burden. A discussion of these analyses is included in the individual 

subpart impacts in section 4.0. We determined there will not be a significant economic impact to 

small entities for these three subparts. For all other subparts affected by the revisions for adding, 

revising, or removing reporting requirements, we determined that these facilities will experience 

annual impacts of roughly $11 per facility. Because this cost is minimal, no small entity impacts 

are anticipated for facilities subject to the revisions that add, revise, or remove reporting 

requirements.

3.0 METHODOLOGY FOR ESTIMATING BURDEN

This section describes the methodologies used to determine cost impacts shown in tables 

2.1 and 2.3 of section 2.0.

3.1 Revisions That Expand Current Applicability

EPA is proposing 2015 Revisions that would expand the applicability of two subparts of 

Part 98, including V (Nitric Acid Production) and OO (Suppliers of Industrial Greenhouse 

Gases). These changes are anticipated to result in a small number of new reporters under Part 98 

for each of these subparts. 

3.1.1.1 Identifying New Reporters

For subpart V, EPA is proposing to change the definition of the source category to 

require reporting from all reporters that produce nitric acid, regardless of the nitric acid strength. 

The source category definition for subpart V in Part 98 is currently based on the New Source 

Performance Standard (NSPS) in 40 CFR Part 60, which is only applicable to weak nitric acid 

(specifically between 30 percent and 70 percent in strength). When the GHGRP was published in 

2009, only one nitric acid plant in the United States produced nitric acid greater than 70 percent 
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in strength (i.e., strong nitric acid). In the interim, further research has indicated the existence of 

three other nitric acid trains capable of producing strong nitric acid, including one existing plant 

and two potential plants becoming operational as early as the end of 2015 (see the memorandum, 

“Re: Strong Nitric Acid Facilities in the U.S.” from Natalie Tang, EPA to Alexis McKittrick and 

Mausami Desai, EPA, dated January 29, 2015, in Docket Id. No. EPA-HQ-OAR-2015-0526).

Therefore, approximately four new reporters are anticipated to report under subpart V as a result 

of the proposed changes. There is no anticipated impact on a substantial number of small 

businesses as a result of these changes (see Section 4.11 of this document for a discussion of 

small entity impacts.)

For subpart OO, EPA is proposing two revisions to the definition of the source category. 

First, EPA is proposing to include facilities that destroy 25,000 mtCO2e or more of industrial 

greenhouse gases and/or fluorinated heat transfer fluids annually, but that do not currently report 

as a producer, importer, or exporter under the rule. By requiring facilities that destroy fluorinated 

GHGs to report that destruction, an estimated 5-10 destruction facilities would be newly required 

to report under subpart OO. This estimate is based on the number of facilities that report 

destruction of ozone-depleting substances (ODSs) to EPA under the Stratospheric Protection 

Program. Because fluorinated GHGs are chemically similar to ODSs, are manufactured and 

imported by many of the same facilities and companies that manufacture and import ODSs, and 

are used in many of the same applications as ODSs, the set of facilities destroying fluorinated 

GHGs is likely to be similar to the set of facilities destroying ODSs. These facilities include 

hazardous waste treatment facilities that use a variety of different destruction technologies such 

as plasma arc and combustion. Facilities destroying very small quantities of ODSs were excluded 

from the total because similar quantities of fluorinated GHGs appeared unlikely to equal or 

exceed the proposed 25,000 mtCO2e threshold (using an average GWP of 2000). For the 

purposes of estimating burden, an average of 8 new reporters were assumed to be required to 

report under Part 98. There is no anticipated impact on small businesses as a result of these 

changes (see Section 4.23 of this document for a discussion of small entity impacts.)

The proposed amendments would also require facilities that produce, import, transform, 

export, or destroy fluorinated heat transfer fluids (FHTFs) that are not also fluorinated GHGs

(under the subpart A definition) to report under subpart OO. Suppliers of fluorinated HTFs 

would be subject to the same thresholds as suppliers of fluorinated GHGs. That is, there would 

be no threshold for producers of fluorinated HTFs, but the threshold for importers, exporters, and 

destroyers of fluorinated HTFs would be 25,000 mtCO2e of fluorinated HTFs or GHGs. We 

anticipate that few, if any, suppliers of fluorinated HTFs would be required to begin reporting 

under this provision because all suppliers of fluorinated HTFs are believed to report under 

subpart OO already. One possible exception is facilities that destroy but do not produce or import 
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fluorinated HTFs, but this group of facilities is included in the set of destruction facilities 

discussed above. Therefore, no additional reporters were assumed to be required to report based 

on the proposed changes. The costs for existing suppliers to report additional information for 

fluorinated heat transfer fluids are accounted for in section 3.2 of this document. 

3.1.1.2 Estimating Cost Impacts

The cost impacts for new reporters subject to subparts V and OO were calculated by 

multiplying the average costs per facility and the number of new facilities estimated to be subject 

to each subpart. Average costs per facility were calculated using data from the most recent 

information collection request for the GHGRP (May 2013)1and the amendments to reporting 

and recordkeeping requirements promulgated in October 2014.

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Appendix G to the most recent information collection request for the GHGRP was used 

to obtain the first year average cost per facility that is incurred from reporting under subparts V 

and OO. One-time costs for respondents from Appendix G-3 ($1,100 per facility, $2011) were 

added to the subpart V ($19,700 per facility, $2011) and subpart OO ($3,400 per facility, $2011 

dollars) costs provided in Appendix G-3, respectively.3

Cost details from Exhibit 6.1 of the most recent information collection request for the 

GHGRP (U.S. EPA, 2013) were used to determine the subsequent years average cost per facility 

for subpart V ($16,500 per facility in 2011 dollars) and subpart OO ($3,300 per facility in 2011 

dollars). These average costs per facility include labor costs (i.e., the cost of labor by facility 

staff to meet the rule’s information collection requirements) and non-labor (capital, and 

operation and maintenance) costs. Additional details of the data, methods, and assumptions 

underlying these costs are documented in the May 2013 information collection request. 

For subpart V reporters, average first year and subsequent year costs per facility also 

include costs obtained from Table 1 of the information collection request for the “Revisions to 

Reporting and Recordkeeping Requirements, and Proposed Confidentiality Determinations under 

the Greenhouse Gas Reporting Program” (August, 2013).4 These average costs per facility 

include first year labor costs to comply with initial training for the Inputs Verification Tool ($66 

 

1 Supporting Statement Part A: Information Collection Request For The Greenhouse Gas Reporting Program. OMB 

Control No. 2060-0629. EPA ICR No. 2300.10. May 2013.

2 Supporting Statement: Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality 

Determinations under the Greenhouse Gas Reporting Program, OMB control number 2060-0629, ICR number 

2300.12. August 2013. 

3 One-time costs from Appendix G-3 of the Supporting Statement apply to all Part 98 reporters and reflect the initial

coverage determination (ICR No. 2300.02) and burden for understanding the "Reconsideration" rule (ICR No.

2300.06) that would apply to first-time reporters.

4 See Greenhouse Gas Reporting Program (Revisions to Reporting and Recordkeeping Requirements, and Proposed 

Confidentiality Determinations Proposed Rule); OMB control number 2060-0629; ICR number 2300.12.
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per facility) and first year and subsequent year costs to comply with annual reporting of new data 

elements ($33 per facility).

To obtain costs for new reporters under subparts V and OO, the average cost per facility 

was applied to the number of new facilities anticipated to report under the proposed 

amendments. Table 3.1 summarizes the impacts to new facilities required to report subpart V and 

OO emissions.

Table 3.1. Cost Impacts to Reporters that would be Newly Subject to Subparts V or OO

Subpart

Number of 

New Reporters 

Due to 

Applicability

Revisions

Incremental Cost Impact By 

Facility

(2011$ per year)

Incremental Cost Impact For 

All New Reporters

(2011$ per year)

First Year a Subsequent 

Years b First Year a Subsequent Years b

V – Nitric Acid 

Production 4 $20,886 $16,601 $83,544 $66,403

OO – Industrial GHG 

Suppliers 8 $4,527 $3,327 $36,215 $26,612

Total Incremental Costs from Changes to Applicability $119,759 $93,015

a

First year total cost, and cost per facility, are based on: 

1. The “One-Time Costs” from the current burden & cost table in Appendix G-3 of the Supporting 

Statement Part A: Information Collection Request for the Greenhouse Gas Reporting Program (U.S. 

EPA, 2013). Labor and O&M costs were updated to 2011 dollars using the Bureau of Labor Statistics 

Employment Cost Index ($1,100 per facility).

2. The subpart-specific total labor, capital, and O&M costs for “V: Nitric Acid Production” and “OO. 

Industrial Gas Suppliers” from the “Current Burden and Cost” table in Appendix G-3, respectively. 

These costs and the “One-Time Costs” are based on an estimated 45 respondents (in lieu of 37) for 

subpart V and 167 respondents (in lieu of 49) for subpart OO. These costs were updated to 2011 dollars 

using the Bureau of Labor Statistics Employment Cost Index and Chemical Engineering Plant Cost 

Index (CEPCI). ($19,700 per subpart V facility and $3,400 per subpart OO facility.)

3. For subpart V, the estimate includes first year labor costs to comply with initial training for the Inputs 

Verification Tool ($66 per facility) and first year costs to comply with annual reporting of new data 

elements ($33 per facility) per ICR 2300.12.

b These data were extracted from Exhibit 6.1 of the Supporting Statement Part A: Information Collection Request

for the Greenhouse Gas Reporting Program (U.S. EPA, 2013).

3.2 Revisions That Add, Revise, or Remove Reporting Requirements

EPA is proposing to add or revise 118 reported data elements in 21 subparts of Part 98 in 

order to improve the data quality of the GHGRP and to remove 18 data elements in five subparts 

to streamline rule requirements. These revised reporting requirements would apply to existing 

reporters under Part 98, as well as new reporters who would be required to submit annual reports 

under the proposed revisions. 
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Table 3.2 shows the number of new, revised, and removed data elements in each subpart; 

the specific data elements that EPA is proposing to add, revise, or remove in the 2015 Revisions 

are included in Section 4.0 of this document.

Table 3.2 GHG Reporting Rule Subparts with Proposed New, Revised, or Removed Data 

Elements

Subpart GHG Source Category

No. of 

Added Data 

Elements

No. of 

Revised Data 

Elements

No. of 

Deleted Data 

Elements

A General Provisions 6 - -

C General Stationary Fuel Combustion 

Sources

3 - -

E Adipic Acid Production 1 0 0

F Aluminum Production 2 0 0

G Ammonia Manufacturing 3 0 0

I Electronics Manufacturing 7 0 0

O HCFC-22 Production and HFC-23 

Destruction 1 10 3

S Lime Manufacturing (non-CEMS) 3 0 0

V Nitric Acid Production 1 0 0

X Petrochemical Production 3 2 0

Y Petroleum Refineries 7 3 7

Z Phosphoric Acid Production 0 1 0

CC Soda Ash Manufacturing 2 0 0

DD Use of Electric Transmission and 

Distribution Equipment 7 0 2

FF Underground Coal Mines 5 0 0

HH Municipal Solid Waste Landfills 2 1 1

II Industrial Wastewater Treatment 1 4 0

LL Suppliers of Coal based Liquid Fuels 0 0 5

NN Suppliers of Natural Gas and Natural Gas 

Liquids 1 0 0

OO Suppliers of Industrial Greenhouse Gases 41 0 0

RR Geologic Sequestration of Carbon Dioxide 1 0 0

All costs to the regulated industry resulting from the changes in Table 3.2 are labor costs 

(i.e., the cost of labor by facility staff to collect, calculate, and submit information via e-GGRT). 

The change in burden was calculated for each subpart by determining the annual labor hours 

required to review the new, revised, or removed data elements and applying labor costs. 

Total annual labor hours. The change in technical labor hours associated with proposed 

revisions that add, revise, or remove reported data elements was calculated by multiplying the 

number of data elements that were added, substantially revised (such that different data is 
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required to reported), or removed in each subpart (i.e., number of data elements added plus the 

number of data elements revised, minus the number of data elements removed) by the number of 

hours required to review each data element. EPA assumed 3 minutes of technical labor to 

calculate each data element using readily available data and to submit the value via e-GGRT as 

part of the annual report. Managerial and clerical labor hours were then estimated as 5% and 

10% of the total technical hours required, respectively. 

Annual hourly estimates were then determined for each subpart based on the number of 

reporters that would be anticipated to be required to report each new and revised data element or 

cease reporting each removed data element. For each subpart except subparts A, C, V, and OO, 

the incremental change in the hourly labor was multiplied by the number of existing reporters for 

each subpart (for reporting year 2013) to obtain total annual hourly estimates by labor category. 

Because subparts A and C apply to a large number of reporters, burden for these subparts was 

estimated by multiplying the incremental change in hourly labor by the number of existing 

reporters in each subpart that would be anticipated to be required to report each new data 

element. Because the proposed changes to subparts V and OO would expand applicability and 

add reporters, burden for these subparts was estimated by multiplying the incremental change in 

hourly labor by the total number of existing reporters and anticipated new reporters to which the 

new data elements would apply. The estimated number of reporters affected by new data 

elements in subparts A, C, V, and OO are described below.

For subpart A, the number of existing reporters who would be affected by each of the six 

new data elements was estimated as summarized in Table 3.3. 
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Table 3.3 Number of Existing Reporters Affected by New Data Elements in Subpart A

Data Element(s)

No.

Reporters 

Affected

Rationale

40 CFR 98.3(i)(3) and (5): A notification 

to the Administrator that announces the 

cessation of reporting for the process or 

operation no later than March 31 of the 

year following such changes.

166 This notification is a one-time reporting requirement 

submitted when a process or operation ceases reporting 

under Part 98. The number of reporters who would be 

required to report either 40 CFR 98.3(i)(3) or 40 CFR 

98.3(i)(5) was determined by reviewing the total 

number of prior year reports in which facilities 

identified ceasing operations, or for which facilities 

ceased reporting processes or operations.

40 CFR 98.2(i)(6): If an entire facility or 

supplier is merged into another facility or 

supplier that is already reporting GHG data 

under this part, a notification to the 

Administrator that announces the 

discontinuation of reporting and the eGGRT identification number of the 

reconstituted facility no later than March 

31 of the year following such changes.

51 The requirement to report the e-GGRT facility ID 

under which emissions were previously report is 

required only for facilities or suppliers that have 

changed ownership in the reporting year and previously 

reported under Part 98. This requirement is a one-time 

reporting requirement. The number of reporters 

affected was determined by reviewing the number of 

facilities and suppliers that began reporting under a 

new e-GGRT ID in prior reporting years.

40 CFR 98.3(c)(4)(iii)(G) and 40 CFR 

98.3(c)(5(ii): For each reported fluorinated 

GHG and fluorinated heat transfer fluid 

(HTF), the chemical name.

319 The requirement to report the chemical name, CAS 

number or SRS number, and the linear chemical 

formula only applies to facilities and suppliers that are 

required to report fluorinated GHGs or fluorinated 

HTFs. This requires all reporters in subparts I, F, L, O, 

OO, DD, SS, and QQ to report two additional data 

elements. The number of reporters affected is the sum 

of all reporters for these subparts (based on RY2013).

40 CFR 98.3(c)(4)(iii)(G) and 40 CFR 

98.3(c)(5(ii): For each reported fluorinated 

GHG and fluorinated heat transfer fluid 

(HTF), the CAS registry or SRS number.

40 CFR 98.3(c)(4)(iii)(G) and 40 CFR 

98.3(c)(5(ii): For each reported fluorinated 

GHG and fluorinated heat transfer fluid 

(HTF), the linear chemical formula.

40 CFR 98.4(i)(6): A list of the subparts 

that the owners and operators anticipate 

will be included in the annual GHG report. 

310 The requirement to report the list of potentially 

applicable subparts is required only for an initial 

certificate of representation that is submitted by a

facility or supplier that previously was not registered 

under Part 98. The list of subparts is not being 

proposed to be required for a revised COR, and is a 

one-time requirement. The number of reporters 

affected was determined by reviewing the number of 

prior year reports in which new facilities submitted an 

initial certificate of representation.

For subpart C, the number of existing reporters who would be affected by each of the 

proposed three new data elements was estimated as summarized in Table 3.4. 
13

Table 3.4 Number of Existing Reporters Affected by New Data Elements in Subpart C

Data Element(s) No.

Reporters 

Affected

Rationale

40 CFR 98.36(c)(1)(iii): For each 

aggregated group of units, the cumulative 

maximum rated heat input capacity of the 

group.

3,540 The requirement to report the cumulative maximum 

rated heat input capacity of aggregated groups of units 

and cumulative maximum rated heat input capacity of 

units served by a common pipe applies only to those 

facilities which report using one of these 

configurations, where the highest maximum rated heat 

input capacity of any unit as greater than or equal to 10 

mmBtu/hr. The number of reporters that would be 

required to report either 40 CFR 98.36(c)(1)(iii) or 40 

CFR 98.36(c)(3)(ii) was determined by reviewing the 

number of facilities that reported emissions for either 

an aggregated group of units or for units served by a 

common pipe in prior year reports. 

40 CFR 98.36(c)(3)(ii): For each group of 

units served by a common pipe, the 

cumulative maximum rated heat input 

capacity of the units served by the 

common pipe

40 CFR 98.36(e)(2)(i)(B): For the Tier 1 

calculation methodology, the moisture 

content used to calculate the wood and 

wood residuals wet basis HHV for use in 

Equations C-1 and C-8.

132 The requirement to report moisture content applies 

only to those facilities that calculate wet basis HHV for 

wood and wood residuals. The number of reporters 

affected was determined by identify the number of 

facilities that reported for wood and wood residuals in 

the recent reporting year. 

For subparts V and OO, burden was estimated based on the total number of existing and 

new reporters to which the new data elements would apply. For subpart V, EPA is proposing to 

revise the definition of the source category to require reporting from all reporters that produce 

nitric acid, regardless of the nitric acid strength (see section 3.1 of this document for additional 

information). The number of reporters who would be affected by the one new data element 

include the total number of existing reporters for reporting year 2013 (35) and four new facilities 

that produce strong nitric acid.

As discussed in section 3.1 of this document, EPA is proposing to revise the scope of 

subpart OO to include reporting of fluorinated HTFs that are not fluorinated GHGs, and to 

expand applicability to destruction facilities that do not currently report as a producer, importer, 

or exporter under subpart OO. The number of reporters that would be required to report the new 

data elements was estimated based on the number of existing reporters under Part 98 to which 

the new data elements would apply (i.e., the number of existing reporters expected to report 

fluorinated heat transfer fluids that are not also fluorinated GHGs), and the number of new 

destruction facilities that would be newly required to report under subpart OO, as described in 

section 3.1. For subpart OO, because all suppliers of fluorinated HTF are believed to currently 

report, the revised reporting of fluorinated HTFs that are not fluorinated GHGs would most 

likely only affect two or three existing suppliers of fluorinated HTFs. These three suppliers 

would be required to report 40 new data elements related to fluorinated HTFs. As discussed in 

section 3.1, the estimated number of new reporters that would be required to report under subpart 
14

OO includes eight destruction facilities that do not currently report as a producer, importer, or 

exporter under subpart OO; these facilities would be required to report seven of the new data 

elements that relate to destruction facilities. Therefore, the total burden was estimated based on 

three reporters reporting 40 new data elements and eight reporters reporting seven new data 

elements. For additional information, including a list of those new data elements that would 

apply to existing and new reporters under subpart OO, see section 4.23 of this document.

Total labor costs. Once total annual hour estimates were obtained for each subpart, the 

total labor costs for each subpart were estimated. To calculate labor costs, Bureau of Labor 

Statistics estimates were used in an approach consistent with the ICRs associated with the 

GHGRP currently approved by OMB.5 For all subparts the labor rates are: $59.12 for technical 

workers, $77.23 for managers, and $31.35 for clerical support. These labor costs were applied to 

the total annual hour estimates for each labor category to obtain the total costs for each subpart. 

These costs are summarized in Table 3.5 of this document.

The total annual labor hours and the total labor costs for each subpart are assumed to be 

equal for the first and subsequent years (i.e., the data elements are required to be reported in each 

year), with the exception of subpart I. For subpart I, the seven new data elements in the proposed 

rule pertain to the triennial technology report required under 40 CFR 98.96(y). The first report 

must be submitted with RY2016 reports no later than March 31, 2017 and every three years 

thereafter. For the purposes of estimating burden for this rulemaking, the annual burden and 

costs associated with the subpart I data elements were calculated for RY2016 and RY2019 (see 

Table 2.1 of this document).

 

5 May 2011 National Industry-Specific Occupational Employment and Wage Estimates 

(http://www.bls.gov/oes/current/oessrci.htm) and Employer Costs for Employee Compensation for June of 2011 

(http://www.bls.gov/news.release/archives/ecec_09082011.pdf).
15

Table 3.5 Labor Hours and Costs for New, Revised, and Removed Data Elements by Subpart

Item Subpart

A

b Ac Ad Ae Cf Cg E F G Ih O S V X Y Z CC DD FF HH II LL NN OOi RR Total

# Affected Reporters

a 319 310 166 51 132 3,540 3 11 23 53 4 75 39 65 146 12 5 121 125 1,230 155 1 530 11 0 7,127j

# New Data Elements 3 1 1 1 1 2 1 2 3 7 1 3 1 3 7 0 2 7 5 2 1 0 1 41 1 97

# Revised Data 

Elements 0 0 0 0 0 0 0 0 0 0 10 0 0 2 3 1 0 0 0 1 4 0 0 0 0 21

# Deleted Data 

Elements 0 0 0 0 0 0 0 0 0 0 3 0 0 0 7 0 0 2 0 1 0 5 0 0 0 18

Respondent Hours 

Technical 48 16 8 3 7 177 0.15 1.10 3.45 18.55 1.60 11.25 1.95 16.25 21.90 0.60 0.50 30.25 31.25 123.00 38.75 -0.25 26.50 8.80 0.00 593

Clerical 5 2 1 0 1 18 0.02 0.11 0.35 1.86 0.16 1.13 0.20 1.63 2.19 0.06 0.05 3.03 3.13 12.30 3.88 -0.03 2.65 0.88 0.00 59

Managerial 2 1 0 0 0 9 0.01 0.06 0.17 0.93 0.08 0.56 0.10 0.81 1.10 0.03 0.03 1.51 1.56 6.15 1.94 -0.01 1.33 0.44 0.00 30

Total 55 18 10 3 8 201 0.17 1.27 3.97 21.33 1.84 12.94 2.24 18.69 25.19 0.69 0.58 34.79 35.94 141.45 44.56 -0.29 30.48 10.12 0.00 682

Respondent Costs

Technical $2,829 $916 $491 $151 $390 $10,464 $9 $65 $204 $1,097 $95 $665 $115 $961 $1,295 $35 $30 $1,788 $1,848 $7,272 $2,291 -$15 $1,567 $520 $0 $35,082

Clerical $150 $49 $26 $8 $21 $555 $0 $3 $11 $58 $5 $35 $6 $51 $69 $2 $2 $95 $98 $386 $121 -$1 $83 $28 $0 $1,860

Managerial $185 $60 $32 $10 $25 $683 $1 $4 $13 $72 $6 $43 $8 $63 $85 $2 $2 $117 $121 $475 $150 -$1 $102 $34 $0 $2,291

Total $3,164 $1,025 $549 $169 $436 $11,703 $10 $73 $228 $1,226 $106 $744 $129 $1,074 $1,448 $40 $33 $2,000 $2,066 $8,132 $2,562 -$17 $1,752 $582 $0 $39,234

a The number of affected reporters for each subpart is based on the number of reporters for RY2013, except where otherwise noted.

b The total number of affected facilities required to report subpart A data elements §98.3(c)(4)(iii)(G) and §98.3(c)(5)(ii) related to identifying the chemical name, CAS registry or SRS 

number, and the linear chemical formula. Applicable to facilities [§98.3(c)(4)(iii)(G)] and suppliers [§98.3(c)(5)(ii)] that report under the following subparts: I, F, L, O, OO, DD, SS, QQ.

c The number of affected facilities required to report the subpart A data element § 98.4(i)(6) related to listing subparts that will be included in their report; applicable only to those facilities 

or suppliers that previously was not registered under Part 98; affects 310 facilities per reporting year.

d The total number of affected facilities required to report either subpart A data element § 98.2(i)(3) or (5) related to notifying the Administrator the facility or supplier will cease reporting; 

applicable to 166 facilities.

e The number of affected facilities required to report the subpart A data element §98.2(i)(6) for a notification to the Administrator that announces the discontinuation of reporting and the eGGRT identification number of the reconstituted facility; applicable to 51 facilities.

f The number of affected facilities required to report the subpart C data element §98.36(e)(2)(i)(B) related to reporting moisture content; applicable to 132 facilities.

g The total number of affected facilities required to report either subpart C data element §98.36(c)(1)(iii) or subpart C data element §98.36(c)(3)(ii); applicable to 3,540 facilities that report 

heat input capacity for either the GP or CP configuration.

h Costs for the seven new data elements in subpart I are related to the triennial technology report [§98.96(y)]. The first report must be submitted with RY2016 reports by March 31, 2017 

and every three years thereafter. For the purposes of estimating burden, the annual costs associated with the data elements were calculated for RY2016 and RY2019 (see Table 2.1 of this 

document) and not for RY2017 or RY2018.

i

Includes the number of new and existing reporters anticipated to be affected by the addition of new data elements to subpart OO. Note that 34 of the 41 new data elements would only apply to 3 

existing reporters that would report data related to fluorinated HTFs that are not fluorinated GHGs, 1 data element would apply only to 8 new reporters that are destruction facilities not currently 

reporting under subpart OO, and 6 data elements related to destruction of fluorinated HTFs would apply to both the 8 new and 3 existing reporters. Additional information on the data elements that 

apply to reporters under subpart OO are discussed in Section 4.23 of this document.

j The number of respondents subject to the required activities was estimated separately for each subpart, and in situations where a facility reports under multiple subparts, the facility was counted once 

per subpart (e.g., facilities that report emissions under both subpart X and subpart C were counted as separate facilities under each subpart). As a result, the actual total number of respondents that will 

perform the required activities for each year across all subparts is lower than estimated.
16

3.3 Revisions That Expand Current Monitoring Requirements 

EPA is proposing changes to the monitoring requirements of subpart FF of Part 98 

(Underground Coal Mines). Currently, reporters have the option to use data from MSHA 

quarterly inspection reports, independently collect quarterly grab samples, or use continuous 

emissions monitoring (CEMS). EPA is proposing to remove the option to allow MSHA quarterly 

inspection reports to be used as a source of data for monitoring methane liberated from 

ventilation systems. Instead, facilities would be required to collect their own grab samples on a 

quarterly basis or to use CEMS.

A cost analysis was performed by Advanced Resources International, Inc. (ARI) to 

estimate the burden for facilities to comply with the cost of quarterly, monthly and weekly grab 

samples for an individual mine and on a nationwide basis.6 The analysis also estimates the costs 

for facilities that would use CEMS. The ARI analysis accounts for differences in costs between 

mines that already take quarterly grab samples and those that use MSHA data or are new 

reporting mines. Currently, about 50 percent of subpart FF reporters already collect quarterly gas 

samples. For mines that currently use MSHA data and new reporting mines, the annual 

incremental costs for taking grab samples on a quarterly basis was estimated as the cost of taking 

the samples, less the avoided cost of obtaining, interpreting and reporting MSHA data. 

For the proposed rulemaking, the incremental costs to the regulated industry resulting 

from changes to the monitoring requirements for Underground Coal Mines are based on the cost 

methodology and assumptions provided by ARI for the collection of independent monthly grab 

samples in ventilation air. It was assumed that facilities would not install a CEMS as a result of 

the monitoring changes. The costs resulting from removing the use of MSHA quarterly data 

include additional labor costs, capital costs (e.g., the costs of anemometers or sample kits, for 

reporters that are not currently conducting sampling), and the cost associated with gas sample 

analysis. Hourly labor costs were estimated based on the number of labor hours for developing 

the sampling methodology and purchasing the devices, and the number of hours required for 

sampling. No costs were estimated for mines that already take grab samples; it was assumed that 

they have an adequate monitoring plan in place with the necessary equipment, thus there are no 

additional labor hours associated with developing a methodology, purchasing equipment, and 

sampling, and no additional capital costs.

Using the cost methodology and assumptions provided by ARI, labor, operating and 

maintenance (O&M), and capital costs were estimated in $2011. To calculate labor costs, labor 

 

6 See “ARI Estimate of Burden to Comply with Proposed Changes to 40 CFR 98.324(b)(1)”, Advanced Resources 

International, Inc., June 11, 2015.
17

rates published by the Bureau of Labor Statistics were used. The labor rates are: $59.12 for 

technical workers, $77.23 for managers, and $31.35 for clerical support. These labor rates were 

applied to the total annual hour estimates for each labor category to obtain the total incremental 

costs. The O&M and capital costs are based on costs from the original 2009 rule, inflated from 

$2006 to $2011 using the Consumer Price Index. 

Tables 3.6 and 3.7 of this document show the annual incremental costs from taking 

monthly grab samples for individual mines and the annual industry-wide cost burden.

Table 3.6 Annual Incremental Cost Per Mine for Removing the Option to Allow MSHA 

Quarterly Inspection Report Data

Cost Category Year 1 Subsequent Years 

Labora $17,281 $7,913

O & Mb $6,696 $6,696

Capital

c,d $4,463 $0

Total $28,440 $14,609

a Labor costs include costs for developing sampling methodology, accompanying inspectors, sending samples, and 

purchasing devices.

b Operating and Maintenance (O&M) costs include the cost for gas analysis for sampling 3 shafts per mine on a 

quarterly basis (3 x 4 = 12 samples per year). 

d Capital costs include the cost of 4 air sample kits and 2 anemometers.

Table 3.7 Annual Industry-wide Incremental Cost Burden for Monthly Sampling

Current Monitoring Number of 

Mines Year 1 Subsequent Years 

Annual incremental cost for mines currently using MSHA data and new reporting mines

Labor 65 $1,123,236 $514,342

O & M $435,240 $435,240 

Capitol $290,095 N/A

Total Cost $1,848,571 $949,582 

4.0 IMPACTS BY INDIVIDUAL SUBPART

This section describes the impacts to reporters under each subpart that is proposed for 

revision in the 2015 Revisions. Specifically, this section summarizes for each subpart:

1) Substantive technical revisions that impact burden. This includes revisions to reporting 

requirements, revisions that expand applicability, and revisions that expand monitoring 

provisions for which costs were estimated in Section 3.0 of this document. This 

section provides additional information on these revisions (e.g., lists new, revised, or 

removed reporting requirements). 
18

2) Substantive technical revisions that are anticipated to have no or minimal impact on 

burden. This includes revisions that are intended to streamline the rule requirements, 

other technical amendments that would improve the quality of the rule or better align 

the rule with industry operations, and clarifications. This section provides a brief 

description of the revisions and an explanation of the impact on burden.

The remaining less substantive minor corrections, clarifications, and harmonizing 

revisions are summarized in the memorandum, “Table of 2015 Revisions to the Greenhouse Gas 

Reporting Rule” (“Table of Revisions”), available in the docket for this rulemaking. These 

changes are expected to result in no impact on the burden incurred by reporters.

4.1 Subpart A – General Provisions

Revisions to Subpart A that Impact Burden. EPA is proposing revisions that would add 

six new data elements to subpart A, as shown in Table 4.1. These data elements are information 

that reporters are expected to have readily available, therefore, burden was estimated as 

described in Section 3.2 of this document.

Table 4.1 New, Revised, or Removed Data Elements in Subpart A

Citation Data Element(s) New, Revised, or 

Removed

98.3(i)(3) and (5) A notification to the Administrator that announces the cessation of 

reporting for the process or operation no later than March 31 of 

the year following such changes.

New 

98.2(i)(6) If an entire facility or supplier is merged into another facility or 

supplier that is already reporting GHG data under this part, a 

notification to the Administrator that announces the 

discontinuation of reporting and the e-GGRT identification 

number of the reconstituted facility no later than March 31 of the 

year following such changes.

New

98.3(c)(4)(iii)(G);

98.3(c)(5)(ii)

For each reported fluorinated GHG and fluorinated heat transfer 

fluid (HTF), the chemical name.

New

98.3(c)(4)(iii)(G);

98.3(c)(5(ii)

For each reported fluorinated GHG and fluorinated heat transfer 

fluid (HTF), the CAS registry or SRS number.

New

98.3(c)(4)(iii)(G); 

98.3(c)(5(ii)

For each reported fluorinated GHG and fluorinated heat transfer 

fluid (HTF), the linear chemical formula.

New

98.4(i)(6) A list of the subparts that the owners and operators anticipate will 

be included in the annual GHG report.

New

Revisions to Subpart A with No or Minimal Impact on Burden. EPA is proposing 

several amendments to simplify and streamline the requirements of subpart A that are expected 

to have no impact or a minimal impact (decrease) on burden. 

 EPA is proposing to revise 40 CFR 98.2(i) to clarify when “off-ramp” provisions 

apply to suppliers and direct emitters. This change is a clarification to the existing 

requirements and is not expected to have an impact on burden.
19

 EPA is proposing to revise 40 CFR 98.2(i)(3) to clarifying when “off-ramp” 

provisions apply for:

 A process or operation that ceases operation in the reporting years

 Abandoned underground coal mines 

 Facilities and suppliers where the operations are changed such that a 

process or operation no longer meets the “Definition of Source Category”.

These provisions are anticipated to generally decrease burden for reporters by

specifying that reporters are no longer required to report for a particular process or 

operation, but would require the owner or operator to submit a one-time notification 

to the Administrator that announces the cessation of reporting and explains the 

reasons for the cessation of operation.

 EPA is proposing to amend 40 CFR 98.3(h)(4) to remove the requirement that a 

reporter must submit a request for an extension beyond 75-days at least 5-days prior 

to their current due date. The proposed change would streamline the reporting 

requirements, however, because the reporter would still be required to submit a 

request for an extension prior to the end of their current due date, no change in burden 

is expected.

 EPA is proposing to amend the definitions of “gas collection system” and “ventilation 

hole or shaft” in 40 CFR 98.6. The proposed changes are clarifications and would 

have no impact on burden. 

 EPA is also proposing several minor corrections and clarifications to subpart A of 

Part 98, including clarifications to definitions, editorial changes, and clarifications to 

reporting requirements. These minor revisions are summarized in the Table of 

Revisions, and would have no impact on burden.

4.2 Subpart C - General Stationary Fuel Combustion Sources

Revisions to Subpart C that Impact Burden. The proposed revisions would add three

new data elements to subpart C, as shown in Table 4.2. These data elements are information that 

reporters are expected to have readily available, therefore, burden was estimated as described in 

Section 3.2 of this document.

Table 4.2 New, Revised, or Removed Data Elements in Subpart C

Citation Data Element(s) New, Revised, or 

Removed

98.36(c)(1)(iii) For each aggregated group of units, the cumulative maximum 

rated heat input capacity of the group.

New

98.36(c)(3)(ii) For each group of units served by a common pipe, the cumulative 

maximum rated heat input capacity of the units served by the 

common pipe

New

98.36(e)(2)(i)(B) For the Tier 1 calculation methodology, the moisture content 

used to calculate the wood and wood residuals wet basis HHV for 

use in Equations C-1 and C-8.

New
20

Revisions to Subpart C with No or Minimal Impact on Burden. EPA is proposing 

revisions to the requirements of subpart C to 1) clarify the reporting requirements when HHV is 

received less frequently than monthly for certain sources, 2) streamline the conversion factors 

used to convert short tons to metric tons, and 3) to revise Tables C-1 and C-2 to more clearly 

define emission factors for certain petroleum products. These changes are minor clarifications of 

the existing rule requirements, and would present no significant impact on burden. EPA is also 

proposing minor corrections and clarifications to subpart C of Part 98, including editorial 

changes. These minor revisions are summarized in the Table of Revisions, and would have no 

impact on burden.

4.3 Subpart E – Adipic Acid Production

Revisions to Subpart E that Impact Burden. EPA is proposing revisions that would add 

one new data element to subpart E, as shown in Table 4.3. This data element requires 

information that reporters are expected to have readily available, therefore, burden was estimated 

as described in Section 3.2 of this document.

Table 4.3 New, Revised, or Removed Data Elements in Subpart E

Citation Data Element(s) New, Revised, or 

Removed

98.56(f) Date of installation of abatement technology. New

Revisions to Subpart E with No or Minimal Impact on Burden. EPA is proposing one 

amendment to simplify and streamline the requirements of subpart E. EPA is proposing to revise 

40 CFR 98.53(a)(2) to remove the annual approval request by the reporter and the annual request 

approval by EPA for reporters using an alternative method to calculate nitrous oxide (N2O) 

emissions from the production of adipic acid, where the method has not changed from the 

previous reporting year. This proposed change is anticipated to generally reduce burden to 

reporters using the alternative calculation method, however, the reporter would be required to 

notify EPA that they are using an already approved alternative testing method when they submit 

their annual report. By requiring requests only for new approvals or for methods that have 

changed since prior approval, EPA burden required to review and approve the methods would 

also be reduced. Because this change applies only to reporters who elect to use an alternative 

calculation method, this change is expected to have no significant impact on burden. There are 

no other changes to subpart E in the proposed rule.
21

4.4 Subpart F – Aluminum Production

Revisions to Subpart F that Impact Burden. EPA is proposing two new data elements in 

subpart F, as shown in Table 4.4. These data elements are information that reporters are expected 

to have readily available, therefore, burden was estimated as described in Section 3.2 of this 

document.

Table 4.4 New, Revised, or Removed Data Elements in Subpart F

Citation Data Element(s) New, Revised, or 

Removed

98.66(c)(2) The following PFC-specific information on an annual basis: (2) 

Anode effect minutes per cell-day (AE-mins/cell-day), anode effect 

frequency (AE/cell-day), anode effect duration (minutes). (Or 

anode effect overvoltage factor ((kg CF4/metric ton Al)/(mV/cell 

day)), potline overvoltage (mV/cell day), current efficiency (%).)

New

98.66(c)(3) Smelter-specific slope coefficient (or overvoltage emission factors) New

Revisions to Subpart F with No or Minimal Impact on Burden. EPA is also proposing 

one minor correction to subpart F of Part 98. This minor revision is summarized in the Table of 

Revisions, and would have no impact on burden.

4.5 Subpart G – Ammonia Manufacturing 

Revisions to Subpart G that Impact Burden. EPA is proposing to add three data 

elements to improve the quality of data collected under subpart G, as shown in Table 4.5. These 

data elements are information that reporters are expected to have readily available, therefore, 

burden was estimated as described in Section 3.2 of this document.

Table 4.5 New, Revised, or Removed Data Elements in Subpart G

Citation Data Element(s) New, Revised, or 

Removed

98.76(a)(3) Annual ammonia production (metric tons, sum of all process 

units reported within subpart G).

New

98.76(b)(2) Annual quantity of each type of feedstock consumed for 

ammonia manufacturing

New

98.76(b)(7) Annual average carbon content of each type of feedstock. New

Revisions to Subpart G with No or Minimal Impact on Burden. EPA is also proposing 

minor corrections and clarifications to subpart G. This includes proposed revisions to 40 CFR 

98.74(f) and 40 CFR 98.76(b)(15) to clarify EPA’s intentions related to the reporting of annual 

ammonia production and annual methanol production. The proposed amendments are 

clarifications and would have no impact on burden. There are no additional proposed changes to 

subpart G.
22

4.6 Subpart I – Electronics Manufacturing 

Revisions to Subpart I that Impact Burden.

The proposed amendments would add 7 data reporting requirements to the content of the 

triennial technology report for subpart I reporters, as shown in Table 4.6. These data elements are 

information that reporters are expected to have readily available, therefore, burden was estimated 

as described in Section 3.2 of this document.

Table 4.6 New, Revised, or Removed Data Elements in Subpart I

Citation Data Element(s) New, Revised, or Removed

For the triennial technology report, for any utilization, by-product formation rate, and/or destruction or removal 

efficiency data submitted, the...

98.96(y)(2)(iv) Methods used for the measurements. New

98.96(y)(2)(iv) Wafer size. New

98.96(y)(2)(iv) Film type being manufactured. New

98.96(y)(2)(iv) Substrate type. New

98.96(y)(2)(iv) Linewidth or technology node. New

98.96(y)(2)(iv) Process type or process subtype for chamber clean 

processes.

New

98.96(y)(2)(iv) Input gases used and measured. New

Revisions to Subpart I with No or Minimal Impact on Burden. EPA is proposing to 

revise Equation I-24 to incorporate two changes:

 Revise the equation so that the average fraction destroyed or removed is weighted by 

the estimated uncontrolled emissions of that gas from different process types, instead 

of calculating the weighted-average fraction of gas destroyed or removed weighted by 

the consumption of that gas in different produces types.

 Create a second equation (Equation I-24B) to calculate the weighted-average fraction 

of fluorinated GHG byproduct gas k destroyed or removed in abatement systems in

each fab using the stack testing methodology. 

The revisions to Equation I-24 would not require reporters to collect new data or inputs, 

therefore, there is no anticipated increase in burden from the proposed changes.

EPA is also proposing several minor corrections and clarification to subpart I of Part 98, 

including editorial changes, harmonizing changes, and clarifications to reporting requirements. 

These minor revisions are summarized in the Table of Revisions and would have no impact on 

burden.
23

4.7 Subpart N – Glass Production

EPA is proposing to clarify that a default value of 1.0 can be used for the fraction of 

calcination and the carbonate mass fraction for each carbonate type contained in the raw 

materials charged to the furnace. The proposed amendments would also revise 40 CFR 

98.144(b), 40 CFR 98.144(c), 40 CFR 98.144(d), 40 CFR 98.146(b)(5), and 40 CFR 

98.146(b)(7) to clarify that no further testing is required if the default value of 1.0 is used. EPA 

is also proposing minor corrections and clarification to subpart N of Part 98, which are 

summarized in the Table of Revisions. None of the proposed changes to subpart N would have 

an impact on burden.

4.8 Subpart O – HCFC-22 Production and HFC-23 Destruction

Revisions to Subpart O that Impact Burden. EPA is proposing two revisions to 

subpart O to collect more accurate and informative data: (1) reinstate reporting of the method 

used to calculate the revised destruction efficiency, and (2) require facilities to report HCFC-22 

production and HFC-23 emissions for each HCFC-22 production process rather than for the 

facility as a whole. The proposed amendments would add one new reporting requirement, revise 

10 existing reporting requirements, and remove three reporting requirements as shown in Table 

4.7. The new and revised data elements are information that reporters are expected to have 

readily available. Burden was estimated for these data elements as described in Section 3.2 of 

this document.

Table 4.7 New, Revised, or Removed Data Elements in Subpart O

Citation Data Element(s) New, Revised, or 

Removed

98.156(a)(1)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: Annual 

mass of HCFC-22 produced in metric tons.

Revised from a facilitylevel basis to a processlevel basis

98.156(a)(3)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: Annual 

mass of reactants fed into the process in metric tons of 

reactant.

Revised from a facilitylevel basis to a processlevel basis

98.156(a)(4)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: Mass 

(in metric tons) of materials other than HCFC-22 and HFC23 (i.e., unreacted reactants, HCl and other by-products) that 

occur in more than trace concentrations and that are 

permanently removed from the process.

Revised from a facilitylevel basis to a processlevel basis

98.156(a)(5)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: The 

method for tracking startups, shutdowns, and malfunctions 

and HFC-23 generation/emissions during these events.

Revised from a facilitylevel basis to a processlevel basis

98.156(a)(6)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: The 

names of facilities to which any HFC-23 was sent for 

destruction

Revised from a facilitylevel basis to a processlevel basis
24

Table 4.7 New, Revised, or Removed Data Elements in Subpart O

Citation Data Element(s) New, Revised, or 

Removed

98.156(a)(6)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: The 

addresses of facilities to which any HFC-23 was sent for 

destruction

Revised from a facilitylevel basis to a processlevel basis

98.156(a)(6)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: The 

quantities of HFC-23 (metric tons) sent to each.

Revised from a facilitylevel basis to a processlevel basis

98.156(a)(11)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: Annual 

mass of HFC-23 emitted in metric tons.

Revised from a facilitylevel basis to a processlevel basis

98.156(a)(12)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: Annual 

mass of HFC-23 emitted from equipment leaks in metric 

tons.

Revised from a facilitylevel basis to a processlevel basis

98.156(a)(13)

The HCFC-22 production facility shall report the following 

information from each HCFC-22 production process: Annual 

mass of HFC-23 emitted from process vents in metric tons.

Revised from a facilitylevel basis to a processlevel basis

98.156(d)

Method used to calculate revised destruction efficiency, 

specifying whether § 98.154(l)(1) or (l)(2) has been used for 

the calculation

New

98.156(d)(2)

(existing)

Concentration (mass fraction) of HFC-23 at the outlet of the 

destruction device.

Removed

98.156(d)(3)

(existing) Flow rate at the outlet of the destruction device in kg/hr.

Removed

98.156(d)(4)

(existing)

Emission rate (in kg/hr) calculated from paragraphs (d)(2) 

and (d)(3) of this section.

Removed

4.9 Subpart Q – Iron and Steel Production

EPA is proposing two minor amendments to subpart Q. Under 40 CFR 98.172(b), 

facilities that report to subpart Q are referred to provisions in subpart Y for reporting CO2, CH4, 

and N2O emissions from flares. Section 4.13 of this memo describes proposed revisions to 

subpart Y that would clarify that facilities should exclude pilot gas from the flare gas GHG 

emissions. The quantity of GHG emissions associated with pilot gas is very small relative to the 

total GHG emissions from a flare at iron and steel facilities, and clarifying that these facilities do 

not need to monitor pilot gas may minimally reduce burden on some facilities. EPA is also

proposing one minor corrections to subpart Q of Part 98, which is summarized in the Table of 

Revisions. None of the proposed changes to subpart Q would have a significant impact on 

burden.

4.10 Subpart S – Lime Manufacturing

EPA is proposing to revise subpart S to require reporting of three new data elements, as 

shown in Table 4.8. These data elements are information that reporters are expected to have 

readily available, therefore, burden was estimated as described in Section 3.2 of this document. 

There are no other changes to subpart S in the proposed rule.
25

Table 4.8 New, Revised, or Removed Data Elements in Subpart S

Citation Data Element(s) New, Revised, or 

Removed

98.196(b)(19) Annual emission factors for each lime product type produced. New

98.196(b)(20) Annual emission factors for each calcined byproduct or waste 

by lime type that is sold.

New

98.196(b)(21) Annual average results of chemical composition analysis of 

each type of lime product produced and calcined product or 

waste sold.

New

4.11 Subpart V – Nitric Acid Production 

Revisions to Subpart V that Impact Burden. EPA is proposing two amendments to 

subpart V that would impact burden, including revisions to the definition of the source category 

that affects the applicability of Part 98 to certain nitric acid production facilities and the addition 

of one reporting requirement.

Revisions to applicability. EPA is proposing to change the definition of the source 

category in 40 CFR 98.220 to require reporting from all reporters that produce nitric acid, 

regardless of the nitric acid strength. These changes are anticipated to result in approximately 

four new reporters under subpart V, which would result in an increase in burden for this subpart. 

The methodology for determining new reporters and the cost impacts for new reporters subject to 

subpart V are described in Section 3.1 of this document.

Revisions to reporting requirements. The EPA is proposing the addition of one data 

element to subpart V as shown in Table 4.9. The proposed data element would apply to both new 

and existing reporters. This data element requires information that reporters are expected to have

readily available, therefore, burden was estimated as described in Section 3.2 of this document.

Table 4.9 New, Revised, or Removed Data Elements in Subpart V

Citation Data Element(s) New, Revised, or 

Removed

98.226(h) Date of installation of abatement technology. New

Revisions to Subpart V with No or Minimal Impact on Burden. EPA is proposing to 

revise 40 CFR 98.223(a)(2) to remove the annual approval request by the reporter and the annual 

request approval by EPA for reporters that use an alternative method to calculate nitrous oxide 

(N2O) emissions from the production of nitric acid, where the method has not changed from the 

previous reporting year. This proposed change is anticipated to generally reduce burden to 

reporters using the alternative calculation method, however, the reporter would be required to 

notify EPA that they are using an already approved alternative testing method in their submittal 

of the annual report. By requiring requests only for new approvals or for methods that have 

changed since prior approval, EPA burden required to review and approve the methods would 
26

also be reduced. Because this change applies only to reporters who elect to use an alternative 

calculation method, this change is expected to have no significant impact on burden.

There are no additional changes to subpart V in the proposed rule.

Small Entity Impact Analysis. The small entity economic impact for nitric acid facilities 

was measured using the “sales tests” approach (represented as cost-to-receipt ratios) for the 

NAICS code associated with the affected subpart in the Regulatory Impact Analysis for the GHG 

Reporting Rule. The same approach is used in this analysis for the additional facilities subject to 

subpart V due to the revisions. If the ratio of rule implementation cost to sales is less than 1

percent, the impact is not considered to be significant. 7

Based on the 2012 economic census database published by U.S. Bureau of the Census, 

the receipts (sales), number of establishments, and the average receipts for different sizes of 

Nitrogenous Fertilizer Manufacturing facilities (with a NAICS code of 325311) are summarized 

in Table 4.10. The average receipts information is adjusted from 2012 dollars to 2011 dollars 

based on the consumer price index published by Bureau of Labor Statistics.

Table 4.10 Receipts, Number of Establishments, and Average Receipts for Nitrogenous Fertilizer 

Manufacturing (NAICS code of 325311)

Owned by Enterprises with:

1-19 

Employees

20-99 

Employees

100-499 

Employees

500-999 

Employees

1,000 -1,499 

Employees

Receipts (2012$) $494,368,000 $558,945,000 $59,915,000 $97,966,000 - (a)

Number of Establishments 95 25 5 8 7

Average Receipts for Each 

Establishment (2012$) $5,203,874 $22,357,800 $11,983,000 $12,245,750 -

Average Receipts for Each 

Establishment (2011$) $5,102,356 $21,921,643 $11,749,235 $12,006,859 -

(a) Note from 2012 economic census database - Data withheld and value set to 0 to avoid disclosing data for 

individual businesses.

According to the cost information listed in Table 3.1, the rule implementation costs for 

subpart V are $20,886 for the first year and $16,601 for subsequent years (in 2011 dollars). The 

sales tests (cost-to-receipt ratios) results are shown in Table 4.11 for the first year and subsequent 

years.

 

7 U.S. EPA. Regulatory Impact Analysis for the Mandatory Reporting of Greenhouse Gas Emissions Final Rule 

(GHG Reporting). See Docket ID: EPA-HQ-OAR-2008-0508-2229. September 2009.
27

Table 4.11 Sales Tests for Subpart V Facilities

Owned by Enterprises with:

1-19 

Employees

20-99 

Employees

100-499 

Employees

500-999 

Employees

1,000 -1,499 

Employees

Sales Test - First Year 0.41% 0.10% 0.18% 0.17% -

Sales Test - Subsequent 

Years 0.33% 0.08% 0.14% 0.14% -

The results in Table 4.11 show that the costs for the rule revisions for facilities subject to 

subpart V are below 1 percent of the sales for all size of Nitrogenous Fertilizer Manufacturing

facilities with a NAICS code of 325311. Therefore, it was determined that there is not a 

significant impact on a substantial number of small businesses subject to reporting under subpart 

V as a result of this action.

4.12 Subpart X – Petrochemical Production

Revisions to Subpart X that Impact Burden. EPA is proposing to amend the subpart X 

reporting requirements to add three new data elements and to revise two data elements, as shown 

in Table 4.12. These data elements are information that reporters are expected to have readily 

available, therefore, burden was estimated as described in Section 3.2 of this document.
28

Table 4.12 New, Revised, or Removed Data Elements in Subpart X

Citation Data Element(s) New, Revised, or Removed

98.246(a)(5) If you use the mass balance methodology in §98.243(c): 

Annual quantity of each type of petrochemical produced 

from each process unit (metric tons). If your 

petrochemical process is an integrated ethylene 

dichloride and vinyl chloride monomer process, report 

either the measured ethylene dichloride production 

(metric tons) or both the measured quantity of vinyl 

chloride monomer production (metric tons) and an 

estimate of the ethylene dichloride production (metric 

tons).

New

98.246(a)(14) Annual average of the measurements of the carbon 

content of each feedstock and product: (i) For feedstocks 

and products that are gaseous or solid, report this 

quantity in kg carbon per kg of feedstock or product.

(ii) For liquid feedstocks and products, report this 

quantity either in units of kg carbon per kg of feedstock 

or production or kg C per gallon of feedstock or product.

New

98.246(a)(15) For each gaseous feedstock and product, the annual 

average of the measurements of molecular weight in 

units of kg per kg mole.

New

98.246(b)(3) For CEMS used on stacks that are not used on stationary 

combustion units, report the information required under 

§98.36(b)(6), (b)(7), (b)(9)(i), (b)(9)(ii) and (e)(2)(vi).

Revised to clarify the 

information to be reported.

98.246(b)(8) If you measure emissions in accordance with

§98.243(b): Annual quantity of each type of 

petrochemical produced from each process unit (metric 

tons). If your petrochemical process is an integrated 

ethylene dichloride and vinyl chloride monomer 

process, report either the measured ethylene dichloride 

production (metric tons) or both the measured quantity 

of vinyl chloride monomer production (metric tons) and 

an estimate of the ethylene dichloride product (metric 

tons).

Revised to allow operators of 

an integrated ethylene 

dichloride and vinyl chloride 

monomer process to report 

either the measured quantity of 

EDC produced or both the 

measured quantity of VCM and 

an estimate of the amount of 

EDC produced as an 

intermediate in the process.

Revisions to Subpart X with No or Minimal Impact on Burden. EPA is proposing 

several amendments to simplify and streamline the requirements of subpart X. Under 40 CFR 

98.243(c), facilities that report to subpart X are referred to provisions in subpart Y for reporting 

CO2, CH4, and N2O emissions from flares. Section 4.13 of this memo describes proposed 

revisions to subpart Y that would clarify that facilities should exclude pilot gas from the flare gas 

GHG emissions. The quantity of GHG emissions associated with pilot gas is very small relative 

to the total GHG emissions from a flare at petrochemical facilities, and clarifying that these 

facilities do not need to monitor pilot gas may minimally reduce burden on some facilities.

EPA is also proposing to revise subpart X to clarify how integrated ethylene dichloride 

(EDC) manufacturers would perform the mass balance calculations. Subpart X currently requires 

integrated EDC manufacturers to perform the mass balance around operations involved in the 
29

production of the EDC, including situations where EDC is produced as an intermediate in the 

production of vinyl dichloride monomer (VCM). Under the existing rule, integrated EDC and 

VCM manufacturers could incur burden from modifying their processes to enable measurement 

of an intermediate EDC stream. EPA is proposing to revise 40 CFR 98.240(a) to allow integrated 

EDC manufacturers to perform the mass balance over the entire integrated process. The proposed 

amendments are anticipated to reduce the compliance burden by not requiring monitoring 

equipment and/or sampling and analysis of an intermediate EDC stream. A few facilities may 

have a liquid waste stream from the VCM operations that is not combusted that would need to be 

measured and included in the mass balance. The potential increase in burden for measurement of 

these streams is expected to be more than offset by the reduction for not measuring the 

intermediate EDC stream because not all facilities will have a liquid waste stream that is not 

combusted, and a waste stream is an output that would be more readily measured than an 

intermediate that is not stored.

EPA is also proposing several minor corrections and clarification to subpart X of Part 98, 

including editorial changes, harmonizing changes, and clarifications to reporting requirements. 

These minor revisions are summarized in the Table of Revisions and would not impact burden 

for reporters.

4.13 Subpart Y – Petroleum Refineries

Revisions to Subpart Y that Impact Burden. The proposed changes to subpart Y would 

amend the reporting requirements to add seven data elements, revise three data elements, and 

remove seven data elements, as shown in Table 4.13. The new and revised data elements are 

information that reporters are expected to have readily available. Burden was estimated for these 

data elements as described in Section 3.2 of this document.

Table 4.13 New, Revised, or Removed Data Elements in Subpart Y

Citation Data Element(s) New, Revised, or Removed

98.256(e)(3) An indication of whether or not the flare is serviced by a 

flare gas recovery system

New

98.256(e)(6) If you use Equation Y-1a of §98.253, either the annual 

volume of flare gas combusted (in scf/year) and the 

annual average molecular weight (in kg/kg-mole), or, 

the annual mass of flare gas combusted (in kg/yr)

Revised to allow the volume of 

flare gas combusted to be 

reported either in units of 

standard cubic feet per year or 

kilograms per year.

98.256(k)(1) For each delayed coking unit, the unit ID number. New

98.256(k)(2) For each delayed coking unit, maximum rated 

throughput of the unit, in bbl/stream day

New

98.256(k)(3) For each delayed coking unit, Annual quantity of coke 

produced in the unit during the reporting year, in metric 

tons

New

98.256(k)(4) The calculated annual CH4 emissions (in metric tons of 

CH4) for the delayed coking unit

Revised from cumulative 

facility-basis to unit-basis.
30

Table 4.13 New, Revised, or Removed Data Elements in Subpart Y

Citation Data Element(s) New, Revised, or Removed

98.256(k)(5) The total number of delayed coking vessels (or coke 

drums) associated with the delayed coking unit

Revised from cumulative 

facility-basis to unit-basis.

98.256(k)(6) The basis for the typical dry mass of coke in the delayed 

coking unit vessel at the end of the coking cycle (mass 

measurements from company records or calculated 

using Equation Y-18a).

New

98.256(k)(7) An indication of the method used to estimate the 

average temperature of the coke bed, Tinitial (overhead 

temperature and Equation Y-18c or pressure correlation 

and Equation Y-18d).

New

98.256(k)(8) An indication of whether a unit-specific methane 

emissions factor or the default methane emission factor 

was used for the delayed coking unit.

New

98.256(k)(2) 

(existing)

A description of the method used to calculate the CH4 

emissions for each unit (e.g., reference section and 

equation number).

Removed 

98.256(k)(3)

(existing)

For each coke drum or vessel, the typical drum outage Removed

98.256(k)(4)

(existing)

For each set of coking drums that are the same 

dimensions, the number of coking drums in the set.

Removed

98.256(k)(4)

(existing)

For each set of coking drums that are the same 

dimensions, the mole fraction of methane in coking gas.

Removed

98.256(k)(5)

(existing)

The basis for the volumetric void fraction of the coke 

vessel prior to steaming.

Removed

98.256(k)(5)

(existing)

The basis for the mole fraction of methane in the coking 

gas.

Removed

98.256(k)(6)

(existing)

If you use Equation Y-19 of this subpart, the relevant 

information required under paragraph (l)(5) of this 

section for each set of coke drums or vessels of the same 

size.

Removed

Revisions to Subpart Y with No or Minimal Impact on Burden. EPA is proposing to 

improve the quality of the data collected under subpart Y by revising the calculation method for 

delayed coking units (DCUs). Specifically, EPA is proposing to revise the methodology used to 

calculate CH4 emissions from delayed coking units in Equation Y-18 from a simple gas 

expansion model to a steam generation model. The proposed methodology uses a heat balance on 

the DCU coke drum vessel contents to estimate the volume of steam produced during the DCU 

decoking operations, which is proportional to the quantity of methane emitted. This method 

allows reporters to determine the mass of coke in the coke drum based on company records or 

based on drum dimensions and drum outage (parameters already required to be recorded under 

the current rule). 

The proposed revisions also require reporters to determine the mass of water in the coke 

drum based on the height of water in the coke drum and the mass of coke in the coke drum. 

Reporters would use one of two methods to estimate the average temperature of the coke bed 
31

contents: 1) a method based on the measured overhead temperature of the drum, and 2) a method 

based on the overhead pressure using a temperature-pressure correlation equation provided in the 

rule. EPA has not previously required temperature monitoring for the DCU in subpart Y, but the 

previous methodology required the vessel pressure prior to venting to be monitored and used as 

an input to the previous equation. The use of the temperature-pressure correlation would allow 

reporters to use current pressure monitoring and recordkeeping practices to obtain the 

information needed to implement the new methodology, and would not require any the 

installation or use of any new monitoring systems. 

EPA is also proposing to allow facilities that have DCU vent gas measurements to use 

these measurements to develop a unit-specific methane emissions factor for the DCU. This 

allows reporters that have previously used the combined Equation Y-18/Y-19 method (as well as 

other reporters) to use the measurement data available to provide an improved, site-specific 

emissions estimate. If a unit-specific methane emissions factor is not available, reporters would 

use a default methane emissions factor for DCU of 7.9 kg methane. Because no additional 

monitoring or data collection would be required by the proposed changes to the DCU calculation 

methodology, no significant increase in burden is expected from the revisions. 

To reduce reporter burden, the EPA is also proposing to clarify in this rulemaking that 

pilot gas, which is considered the gas used to maintain a pilot flame at the flare tip, may be 

excluded from the quantity of flare gas used to perform GHG emissions calculations. Clarifying 

that these facilities are not required to monitor the quantity of pilot gas may minimally reduce

burden on some facilities.

EPA is also proposing several minor corrections, and clarifications to subpart Y. These 

minor revisions are summarized in the Table of Revisions and would have no impact on the 

burden to reporters.

4.14 Subpart Z – Phosphoric Acid Production

EPA is proposing to revise one data element of subpart Z that would impact burden for 

reporters, as shown in Table 4.14. This data element requires information that reporters are 

expected to have readily available, therefore, burden was estimated as described in Section 3.2 of 

this document. There are no additional changes to subpart Z in the proposed rule.

Table 4.14 New, Revised, or Removed Data Elements in Subpart Z

Citation Data Element(s) New, Revised, or Removed

98.266(f)(3) Annual phosphoric acid production capacity 

(tons) for each wet-process phosphoric acid 

process line.

Revised from annual permitted 

production to annual production.
32

4.15 Subpart AA – Pulp and Paper Manufacturing

The EPA is not proposing any changes to subpart AA that would impact burden for 

reporters. The proposed amendments to subpart AA would streamline the reporting requirements 

and improve implementation. EPA is proposing to:

 Clarify that Tier 4 CEMS are not used to report emissions under subpart AA. Subpart 

AA reporters have not used the Tier 4 CEMS methodology during any previous 

reporting year, and are not expected to do so given the mixture of biogenic and fossilfuel CO2 emissions in the exhaust streams from subpart AA emission units. This 

clarification is anticipated to reduce the EPA burden required to maintain e-GGRT 

CEMS web forms and associated verification checks and documentation, and would 

make no significant changes in burden for reporters.

 Amend the missing data provisions in 40 CFR 98.275(b) to allow reporters to use the 

daily mass of spent liquor solids fired reported under the NESHAP for Chemical 

Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone 

Semichemical Pulp Mills (40 CFR 63.866(c)(1) of subpart MM) as an alternative to

the maximum rate for the combustion unit. The proposed amendments would retain

the original requirements of 40 CFR 98.275(b) in addition to proposing the alternative 

to use the value recorded under 40 CFR 63.866(c)(1), to avoid requiring 

reconfiguration of data systems in mills that may have configured their data reporting 

systems to supply maximum values for subpart AA. Therefore, these changes are 

anticipated to present no impact on the burden to reporters.

 Clarifying edits to the labels in Table AA-2 to clarify that the columns for “kraft lime 

kilns” refers specifically to “kraft rotary lime kilns,” and to add a footnote to Table 

AA-2 indicating that fluid bed calciners are an example of kraft calciners. These 

changes are minor clarifications and would not impact the burden to reporters.

4.16 Subpart CC – Soda Ash Manufacturing 

Revisions to Subpart CC that Impact Burden. EPA is proposing to add two reporting 

requirements to subpart CC as shown in Table 4.15. These data elements are information that 

reporters are expected to have readily available, therefore, burden was estimated as described in 

Section 3.2 of this document.

Table 4.15 New, Revised, or Removed Data Elements in Subpart CC

Citation Data Element(s) New, Revised, or 

Removed

98.296(a)(1) For each soda ash manufacturing facility, if a CEMS is used to 

measure CO2 emissions, annual consumption of trona or liquid 

alkaline feedstock (tons)

New

98.296(a)(5) For each soda ash manufacturing facility, if a CEMS is not 

used to measure CO2 emissions, annual consumption of trona 

or liquid alkaline feedstock at the facility level (tons)

New
33

Revisions to Subpart CC with No or Minimal Impact on Burden. EPA is proposing one 

minor correction to subpart CC. This minor revision is summarized in the Table of Revisions.

The proposed change would have no impact on burden.

4.17 Subpart DD – Electrical Transmission and Distribution Equipment Use

Revisions to Subpart DD that Impact Burden. EPA is proposing revisions that would 

add seven data elements and remove two data elements from the reporting requirements of 

subpart DD, as shown in Table 4.16. These data elements are information that reporters are 

expected to have readily available, therefore, burden was estimated as described in Section 3.2 of 

this document. There are no additional changes to subpart DD in the proposed rule.

Table 4.16 New, Revised, or Removed Data Elements in Subpart DD

Citation Data Element(s) New, Revised, or 

Removed

98.306(a)(2) Nameplate capacity of equipment (pounds) containing SF6 and nameplate 

capacity of equipment (pounds) containing each PFC for each electric 

power system, by chemical: (2) New hermetically sealed-pressure 

switchgear during the year.

New

98.306(a)(3) Nameplate capacity of equipment (pounds) containing SF6 and nameplate 

capacity of equipment (pounds) containing each PFC for each electric 

power system, by chemical: (3) New SF6- or PFC-insulated equipment 

other than hermetically sealed-pressure switchgear during the year.

New

98.306(a)(4) Nameplate capacity of equipment (pounds) containing SF6 and nameplate 

capacity of equipment (pounds) containing each PFC for each electric 

power system, by chemical: (4) Retired hermetically sealed-pressure 

switchgear during the year.

New

98.306(a)(5) Nameplate capacity of equipment (pounds) containing SF6 and nameplate 

capacity of equipment (pounds) containing each PFC for each electric 

power system, by chemical: (5) Retired SF6- or PFC-insulated equipment 

other than hermetically sealed-pressure switchgear during the year.

New

98.306(m) State(s) or territory in which the facility lies. New

98.306(m) Total miles of transmission and distribution lines located within each 

state or territory

New

98.306(n) The following numbers of pieces of equipment: 

(1) New hermetically sealed-pressure switchgear during the year. 

(2) New SF6- or PFC-insulated equipment other than hermetically sealedpressure switchgear during the year.

(3) Retired hermetically sealed-pressure switchgear during the year. 

(4) Retired SF6- or PFC-insulated equipment other than hermetically 

sealed-pressure switchgear during the year.

New

98.306(a)(2) Nameplate capacity of equipment (pounds) containing SF6 and 

nameplate capacity of equipment (pounds) containing each PFC for each 

electric power system, by chemical: (2) New during the year (all SF6-

insulated equipment, including hermetically sealed-pressure switchgear).

Removed

98.306(a)(3) Nameplate capacity of equipment (pounds) containing SF6 and 

nameplate capacity of equipment (pounds) containing each PFC for each 

electric power system, by chemical: (2) Retired during the year (all SF6-

insulated equipment, including hermetically sealed-pressure switchgear).

Removed
34

4.18 Subpart FF – Underground Coal Mines 

Revisions to Subpart FF that Impact Burden. We are proposing several changes to 

subpart FF that will impact burden, including changes to monitoring requirements and adding 

and revising data elements to improve the quality of data received by the GHGRP.

Revisions that expand monitoring requirements. EPA is proposing to amend 40 CFR 

98.324(b) to no longer allow MSHA quarterly inspection reports to be used as a source of data 

for monitoring methane liberated from ventilation systems. Instead, the facility will be required 

to use either of the two other methods to monitor methane released from mine ventilation 

systems: independently collected quarterly grab samples or continuous emissions monitoring 

systems (CEMS). Because the proposed changes could require reporters to implement their own 

sampling, an increase in burden has been calculated for these changes. The burden increase 

anticipated from these monitoring revisions is discussed in Section 3.3 of this document. 

The EPA is proposing additional changes to subpart FF that are necessary to ensure 

consistency with the proposal to remove the option to use MSHA quarterly inspection report 

data. These changes do not present any additional burden. 

Revisions to reporting requirements. EPA is proposing revisions to subpart FF that would 

add five data elements to the reporting requirements, as shown in Table 4.17. Burden was 

estimated for these data elements as described in Section 3.2 of this document.

Table 4.17 New, Revised, or Removed Data Elements in Subpart FF

Citation Data Element(s) New, Revised, or 

Removed

98.326(f) Specify whether the volumetric flow rate measurement at each 

ventilation monitoring point is on dry basis or wet basis; or, if a 

flow meter is used, indicate whether or not the flow meter 

automatically corrects for moisture content.

New

98.326(g) Specify whether the CH4 concentration measurement at each 

ventilation monitoring point is on dry basis or wet basis.

New

98.326(h) Specify whether the volumetric flow rate measurement at each 

degasification monitoring point is on dry basis or wet basis; or, 

if a flow meter is used, indicate whether or not the flow meter 

automatically corrects for moisture content.

New

98.326(i) Specify whether the CH4 concentration measurement at each 

degasification monitoring point is on dry basis or wet basis.

New

98.326(u) Annual coal production in short tons for the reporting year. New

Revisions to Subpart FF with No or Minimal Impact on Burden. EPA is proposing 

several changes to subpart FF that will streamline reporting of GHG emissions. 

EPA is proposing to amend 40 CFR 98.326(o) to limit reporting of moisture content only 

in those cases where the volumetric flow rate and CH4 concentration from a specific mine 
35

ventilation or degasification monitoring point are not measured on the same dry or wet basis, or, 

in the case that a flow meter is used, if the flow meter does not automatically correct for moisture 

content. The revisions to 40 CFR 98.326(o) are clarifications and are anticipated to minimally 

decrease burden for reporters. EPA is proposing several related amendments in 40 CFR 98.323, 

which lists the requirements for calculating GHG emissions. The changes to 40 CFR 98.323 are 

being proposed to ensure consistency with the proposed change to 40 CFR 98.326(o), and do not 

present any change in burden. 

EPA is proposing minor revisions that are intended to clarify specific provisions in 

subpart FF. EPA is proposing to remove “If applicable” in 40 CFR 98.324(h) to clarify that the 

provision requiring the owner or operator to document the procedures used to ensure the 

accuracy of gas flow rate, gas composition, temperature, pressure, and moisture content 

measurements is a requirement for all reporters, because grab samples and CEMS would be the 

only acceptable monitoring methods if the amendments to 40 CFR 98.3(b) are finalized as 

proposed. These changes are clarifications of the existing rule requirements and would not add 

any additional burden for reporters

Finally, the proposed revisions include several minor corrections and clarifications to 

subpart FF, including editorial changes and clarifications to reporting requirements. These 

additional minor amendments, corrections, and clarifications are summarized in the Table of 

Revisions and would have no impact on the burden to reporters. 

Small Entity Impact Analysis. The small entity economic impact for underground coal 

mines was measured using the “sales tests” approach (represented as cost-to-receipt ratios) for 

the NAICS code associated with the affected subpart in the Economic Impact Analysis for

Subparts FF. The same approach is used in this analysis for the facilities subject to the subpart 

FF revisions. If the ratio of rule implementation cost to sales is less than 1 percent, the impact is 

not considered to be significant. 8

Based on the 2012 economic census database published by U.S. Bureau of the Census, 

the receipts (sales), number of establishments, and the average receipts for different sizes of 

Bituminous Coal Underground Mining facilities (with a NAICS code of 212112) are summarized 

in Table 4.18. The average receipts information is adjusted from 2012 dollars to 2011 dollars 

based on the consumer price index published by Bureau of Labor Statistics.

 

8 U.S. EPA. Economic Impact Analysis for the Mandatory reporting of Greenhouse Gas Emissions: Subparts T, FF, 

TT, and II. See Docket ID: EPA-HQ-OAR-2008-0508-2313. June 2010.
36

Table 4.18 Receipts, Number of Establishments, and Average Receipts for Bituminous Coal 

Underground Mining (NAICS code of 212112)

Owned by Enterprises with:

1-19 

Employees

20-99 

Employees

100-499 

Employees

500-999 

Employees

1,000 -1,499 

Employees

Receipts (2012$) $246,342,000 $552,942,000 $1,676,236,000 $324,514,000 - (a)

Number of Establishments 102 56 33 5 8

Average Receipts for 

Each Establishment 

(2012$)

$2,415,118 $9,873,964 $50,795,030 $64,902,800 -

Average Receipts for 

Each Establishment 

(2011$)

$2,368,003 $9,681,342 $49,804,118 $63,636,672 -

(a) Note from 2012 economic census database - Data withheld and value set to 0 to avoid disclosing data for 

individual businesses.

According to the cost information listed in Table 3.7, the rule implementation costs for 

subpart FF are $28,440 for the first year and $14,609 for subsequent years (in 2011 dollars). The 

sales tests (cost-to-receipt ratios) results are shown in Table 4.19 for the first year and subsequent 

years.

Table 4.19. Sales Tests for Subpart FF Facilities

Owned by Enterprises with:

1-19 

Employees

20-99 

Employees

100-499 

Employees

500-999 

Employees

1,000 -1,499 

Employees

Sales Test - First Year 1.20% 0.29% 0.06% 0.04% -

Sales Test - Subsequent 

Years 0.62% 0.15% 0.03% 0.02% -

The results in Table 4.19 show that the costs for the rule revisions for facilities subject to 

subpart FF are below 1 percent of the sales for size categories with greater than 20 employees for

Bituminous Coal Underground Mining facilities with a NAICS code of 212112. The sales test 

exceeded 1 percent for the 1-19 employees size category for subpart FF. The sales test for this 

size category was also exceeded in the original EIA and the EPA noted that mines owned by 

enterprises with less than 19 employees would be unlikely to be covered by this rule. The same 

rationale applies here, and as such, we do not anticipate any impacts on small entities for subpart 

FF reporters.

4.19 Subpart HH – Municipal Solid Waste Landfills 

Revisions to Subpart HH that Impact Burden. EPA is proposing several amendments to 

subpart HH that would revise one data element, add two data elements, and remove one element 

in the reporting requirements, as shown in Table 4.20. The new and revised data elements are 
37

information that reporters are expected to have readily available. Burden was estimated for these 

data elements as described in Section 3.2 of this document.

Table 4.20 New, Revised, or Removed Data Elements in Subpart HH

Citation Data Element(s) New, Revised, or 

Removed

98.346(i)(5)(iii)(B) The annual operating hours where active gas flow was sent to the 

destruction device.

Revised from annual 

operating hours for 

each destruction 

device to annual hours 

that active gas flow 

was sent to each 

destruction device

98.346(i)(7) An indication of whether the gas collection efficiency was 

determined on an area-weighted average basis (Option 1) or a 

volume-weighted average basis (Option 2)

New

98.346(i)(13) Methane emissions for the landfill (i.e., the subpart HH total 

methane emissions). Choose the methane emissions from either 

Equation HH-6 of this subpart or Equation HH-8 of this subpart 

that best represents the emissions from the landfill. If the quantity 

of recovered CH4 from Equation HH-4 of this subpart is used as 

the value of GCH4 in Equation HH-6 of this subpart, use the 

methane emissions calculated using Equation HH-8 of this 

subpart as the methane emissions for the landfill.

New

98.346(f)

(existing)

If multiple cover types are used, the surface area associated with 

each cover type.

Removed

Revisions to Subpart HH with No or Minimal Impact. EPA is proposing several 

technical amendments for subpart HH. These amendments are expected to have minimal or no 

impact to reporters. EPA is proposing:

 Revisions to Table HH-3 to allow landfill owners or operators to determine the 

weighted average collection efficiency for their landfill using either an area-based 

weighting approach or a volume-based weighting approach. 

 Revising the description of area type A5 in Table HH-3 to allow alternative final 

covers to use a collection efficiency greater than 75 percent, and adding a definition 

of “alternative final cover”.

 Several changes to Table HH-4 to revise and clarify the soil cover requirements, 

including revising the phrase “... for a majority of the landfill area containing 

waste...” to read “... for at least 50 percent of the landfill area containing waste...”,

and revising the requirement for “... a soil cover of at least 24 inches ...” to read “ 

... intermediate or interim soil cover ...” 

 A change to 40 CFR 98.358 to define intermediate or interim soil cover to mean “the 

placement of material over waste in a landfill for a period of time prior to disposal of 

additional waste and/or final closure as defined by state regulation, permit, guidance 

or written plan, or state accepted best management practice.” 
38

 To add a footnote to Table HH-4 stating that where a landfill is located in a state that 

does not have an intermediate or interim cover requirement, the landfill must have a 

soil cover of 12 inches or greater to use an oxidation fraction of 0.25 or 0.35. 

 To clarify the oxidation fractions that apply to landfills based on soil cover. The 

proposed revisions would require landfills that have passive or active vent systems

that service greater than 50-percent of the landfill area containing waste or landfills 

that have only passive or active vent systems to use the default 10 percent oxidation 

fraction in their emission calculations. EPA is also proposing to require the use of 10 

percent oxidation fraction for landfills with passive or active venting or for landfills 

with less than 12 inches of soil cover or for landfills with less than 12 inches of soil 

cover (that do not also have a geomembrane cover). 

 To add definitions of “passive vent” and “active venting” to further clarify the rule 

requirements as they pertain to landfill gas collection system flow and composition 

monitoring and the use of soil oxidation fractions.

Because the proposed revisions only provide clarification of the existing requirements, 

there is no anticipated increase in burden from these changes.

The proposed revisions also include several minor corrections and clarifications to 

subpart HH, including editorial changes and clarifications to reporting requirements. These 

additional minor amendments, corrections, and clarifications are summarized in the Table of 

Revisions and would have no impact on the burden to reporters. 

4.20 Subpart II – Industrial Wastewater Treatment 

Revisions to Subpart II that Impact Burden. The EPA is proposing revisions to the 

reporting requirements of subpart II that would add one data element and revise four data 

elements, as shown in Table 4.21. These data elements are information that reporters are 
39

expected to have readily available, therefore, burden was estimated as described in Section 3.2 of 

this document.

Table 4.21 New, Revised, or Removed Data Elements in Subpart II

Citation Data Element(s) New, Revised, or 

Removed

98.356(a) The anaerobic processes used in the industrial wastewater 

treatment system to treat industrial wastewater and industrial 

wastewater treatment sludge

Revised to clarify 

reporting as separate 

data element.

98.356(a) The average depth in meters of each anaerobic lagoon Revised to clarify 

reporting as separate 

data element.

98.356(a) Indicate whether biogas generated by each anaerobic process is 

recovered

Revised to clarify 

reporting as separate 

data element.

98.356(a) Provide a unique identifier for each anaerobic process. Each 

anaerobic processes must be identified as one of the following: 

(1) Anaerobic reactor. 

(2) Anaerobic deep lagoon (depth more than 2 meters). 

(3) Anaerobic shallow lagoon (depth less than 2 meters). 

(4) Anaerobic sludge digester.

Revised to clarify 

reporting as separate 

data element.

98.356(b)(6) For each anaerobic wastewater treatment process (reactor, deep 

lagoon, or shallow lagoon) you must report: If the facility 

performs an ethanol production processing operation as defined in 

§98.358 of this subpart, you must indicate if the facility uses a 

wet milling process or a dry milling process. 

New

Revisions to Subpart II with No or Minimal Impact on Burden. EPA is proposing an 

amendment to 40 CFR 98.358 to add a definition of the term weekly average. The proposed 

amendments would resolve uncertainties in the reporting requirements regarding how to 

calculate weekly averages for chemical oxygen demand/5-day biochemical oxygen demand 

(COD/BOD5) concentration, CH4 concentration, biogas temperature, biogas moisture content, 

and biogas pressure, and present no impact on burden for reporters.

The EPA is also proposing to add definitions for the terms wet milling and dry milling to 

40 CFR 98.358 to clarify what is meant by the new data elements in 40 CFR 98.356(b)(6) in 

Table 4.21 above.

Because the proposed revisions only provide clarification of the existing requirements, 

there is no anticipated increase in burden from these changes.

4.21 Subpart LL – Suppliers of Coal-based Liquid Fuels 

Revisions to Subpart LL that Impact Burden. EPA is proposing to remove five reporting 

requirements from subpart LL as shown in Table 4.22. The change in burden from the removal 

of these data elements was estimated as described in Section 3.2 of this document.
40

Table 4.22 New, Revised, or Removed Data Elements in Subpart LL

Citation Data Element(s) New, Revised, or 

Removed

98.386(a)(4) Each standard method or other industry standard practice used to 

measure each quantity reported in paragraph (a)(2) of this section.

Removed

98.386(a)(8) Each standard method or other industry standard practice used to 

measure each quantity reported in paragraph (a)(6) of this section.

Removed

98.386(a)(15) Each standard method or other industry standard practice used to 

measure each quantity reported in paragraph (a)(14) of this section.

Removed

98.386(b)(4) Each standard method or other industry standard practice used to 

measure each quantity reported in paragraph (b)(2) of this section.

Removed

98.386(c)(4) Each standard method or other industry standard practice used to 

measure each quantity reported in paragraph (c)(2) of this section.

Removed

Revisions to Subpart LL with No or Minimal Impact on Burden. The EPA is also

proposing several minor corrections and clarification to subpart LL of Part 98, including editorial 

changes, harmonizing changes, and clarifications to reporting requirements. These minor 

revisions are summarized in the Table of Revisions and would have no impact on burden to 

reporters.

4.22 Subpart NN – Suppliers of Natural Gas and Natural Gas Liquids

Revisions to Subpart NN that Impact Burden. The EPA is proposing to add one new 

reporting requirement to subpart NN as shown in Table 4.23. This data element requires 

information that reporters are expected to have readily available, therefore, burden was estimated 

as described in Section 3.2 of this document.

Table 4.23 New, Revised, or Removed Data Elements in Subpart NN

Citation Data Element(s) New, Revised, or 

Removed

98.406(b)(14) The name of the U.S. state or territory covered in 

this report submission.

New

Revisions to Subpart NN with No or Minimal Impact on Burden. EPA is also proposing 

several minor corrections and clarification to subpart NN, including editorial changes, 

harmonizing changes, and clarifications to reporting requirements. These minor revisions are 

summarized in the Table of Revisions and would have no impact on burden to reporters.

4.23 Subpart OO — Suppliers of Industrial Greenhouse Gases

Revisions to Subpart OO that Impact Burden. EPA is proposing three amendments to 

subpart OO that would impact burden, including two revisions to the definition of the source 

category that affect the applicability of Part 98 to fluorinated gas suppliers, and changes to the 

reporting requirements to require reporting of fluorinated heat transfer fluids that are not 

fluorinated greenhouse gases. 
41

Revisions to applicability. The proposed amendments include two revisions to the 

definition of the source category. First, EPA is proposing to revise 40 CFR 98.410(a) to include 

facilities that destroy 25,000 mtCO2e or more of fluorinated GHGs and fluorinated HTFs 

annually. This expansion of the definition of the subpart OO source category would impact only 

facilities that destroy previously produced fluorinated GHGs and that are not already required to 

report any residual emissions of the destroyed fluorinated GHGs under another subpart. These 

changes are anticipated to result in 5-10 new reporters under subpart OO which would result in 

an increase in burden for this subpart. The burden was estimated assuming an additional eight 

reporters. 

The proposed amendments to 40 CFR 98.410(a) would also revise subpart OO to include 

entities that produce, import, transform, export, or destroy fluorinated HTFs that are not also 

fluorinated GHGs under the subpart A definition, and to require monitoring and reporting of 

these activities from all suppliers that engage in them. Suppliers of fluorinated HTFs would be 

subject to the same thresholds as suppliers of fluorinated GHGs; there would be no threshold for 

producers of fluorinated HTFs, but the threshold for importers, exporters, and destroyers of 

fluorinated HTFs would be 25,000 mtCO2e of fluorinated HTFs or GHGs. There are no new

suppliers of fluorinated HTFs anticipated to be required to begin reporting per the proposed 

changes. 

The methodology for determining new reporters and the cost impacts for new reporters 

subject to subpart OO based on the proposed changes to applicability are described in Section 3.1 

of this document. 

Revisions to reporting requirements. Consistent with the proposed changes to the 

applicability of subpart OO, EPA is proposing to revise the scope of reporting to include 

fluorinated HTFs. The proposed revisions to the reporting requirements would add reporting of 

41 new data elements, as shown in Table 4.24. Of these 41 new data elements, 40 apply to 

certain existing reporters and seven apply to new reporters as described below. The methodology 

for estimating the proposed costs and the impacts are presented in Section 3.2 of this document.

Existing Reporters. Based on a review of currently reporting facilities, the EPA 

anticipates that the revised reporting would involve only two to three of the existing population 

of reporting suppliers of fluorinated HTFs that are not fluorinated GHGs, rather than the entire 

existing reporting field, as all suppliers of fluorinated HTFs currently report under subpart OO. 

For these three reporters, the proposed revisions would add reporting of 34 new data elements

related to reporting fluorinated HTF production, import, or export and six data elements related 

to destruction of fluorinated HTFs, as listed in Table 4.24. 
42

New Reporters. The EPA anticipates that there will be approximately eight new reporters

that destroy fluorinated GHGs or fluorinated HTFs but do not otherwise report under subpart 

OO. For these eight reporters, the proposed revisions to the reporting requirements would 

include reporting of six new data elements related to destruction of fluorinated HTFs and one 

new data element related to fluorinated GHG or fluorinated HTF destruction facilities that do not 

otherwise reporter under subpart OO, as listed in Table 4.24.

Table 4.24 New Data Elements in Subpart OO

Citation Proposed Data Element Applies to...

Each fluorinated GHG, fluorinated HTF, or nitrous oxide production facility shall report the 

following information:

98.416(a)(1) Mass in metric tons of each . . . fluorinated HTF . . . 

produced at that facility by process, except for amounts 

that are captured solely to be shipped off site for 

destruction.

3 existing suppliers of 

fluorinated HTFs

98.416(a)(2) Mass in metric tons of each fluorinated HTF . . . 

transformed at that facility, by process.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(3) Mass in metric tons of . . . fluorinated HTF that is 

destroyed at that facility and that was previously 

produced as defined at § 98.410(b). Quantities to be 

reported under this paragraph (a)(3) of this section 

include but are not limited to quantities that are shipped to 

the facility by another facility for destruction and 

quantities that are returned to the facility for reclamation 

but are found to be irretrievably contaminated and are 

therefore destroyed.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(5) Total mass in metric tons of each. . . fluorinated HTF. . . 

sent to another facility for transformation.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(6) Total mass in metric tons of each . . . fluorinated HTF 

sent to another facility for destruction, except. . . 

fluorinated HTFs that are not included in the mass 

produced in § 98.413(a) because they are removed from 

the production process as by-products or other wastes. 

Quantities to be reported under this paragraph (a)(6) 

could include, for example, fluorinated GHGs that are 

returned to the facility for reclamation but are found to be 

irretrievably contaminated and are therefore sent to 

another facility for destruction.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(7) Total mass in metric tons of each . . . fluorinated HTF that 

is sent to another facility for destruction and that is not 

included in the mass produced in § 98.413(a) because it is 

removed from the production process as a byproduct or 

other waste.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(10) Mass in metric tons of any . . .fluorinated HTF . . . fed 

into the transformation process, by process.

3 existing suppliers of 

fluorinated HTFs 
43

Table 4.24 New Data Elements in Subpart OO

Citation Proposed Data Element Applies to...

98.416(a)(11) Mass in metric tons of . . . fluorinated HTF that is fed into 

the destruction device and that was previously produced 

as defined at § 98.410(b). Quantities to be reported under 

this paragraph (a)(11) of this section include but are not 

limited to quantities that are shipped to the facility by 

another facility for destruction and quantities that are 

returned to the facility for reclamation but are found to be 

irretrievably contaminated and are therefore destroyed.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(12) Mass in metric tons of . . . fluorinated HTF . . . that is 

measured coming out of the production process, by 

process.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(13) Mass in metric tons of each used . . . fluorinated HTF . . . 

added back into the production process (e.g., for 

reclamation), including returned heels in containers that 

are weighed to measure the mass in §98.414(a), by 

process.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(14) Names and addresses of facilities to which any . . . 

fluorinated HTFs were sent for transformation.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(14) Quantities (metric tons) of ... each . . . fluorinated HTF 

that were sent to each for transformation.

3 suppliers of fluorinated 

HTFs 

98.416(a)(15) Names and addresses of facilities to which any ... 

fluorinated HTFs were sent for destruction.

3 existing suppliers of 

fluorinated HTFs 

98.416(a)(15) Quantities (metric tons) of each . . . fluorinated HTF that 

were sent to each for destruction.

3 existing suppliers of 

fluorinated HTFs 

Any facility that destroys ... fluorinated GHGs or fluorinated HTFs shall submit a one-time report 

containing the following information...for each destruction process: 

98.416(b)(1) Destruction efficiency (DE). ~11 respondents including 3 

existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs and 8 new 

suppliers that destroy 

previously produced 

fluorinated GHGs or 

fluorinated HTFs. 

98.416(b)(2) Methods used to determine the destruction efficiency. ~11 respondents including 3 

existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs and 8 new 

suppliers that destroy 

previously produced 

fluorinated GHGs or 

fluorinated HTFs.

98.416(b)(3) Methods used to record the mass of . . . fluorinated HTF 

destroyed.

~11 respondents including 3 

existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs and 8 new 

suppliers that destroy 

previously produced 

fluorinated GHGs or 

fluorinated HTFs. 
44

Table 4.24 New Data Elements in Subpart OO

Citation Proposed Data Element Applies to...

98.416(b)(4) Chemical identity of the fluorinated GHG(s) used in the 

performance test conducted to determine DE.

~11 respondents including 3 

existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs and 8 new 

suppliers that destroy 

previously produced 

fluorinated GHGs or 

fluorinated HTFs. 

98.416(b)(5) Name of all applicable federal or state regulations that 

may apply to the destruction process.

~11 respondents including 3 

existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs and 8 new 

suppliers that destroy 

previously produced 

fluorinated GHGs or 

fluorinated HTFs. 

98.416(b)(6) If any process changes affect unit destruction efficiency 

or the methods used to record mass of . . . fluorinated 

HTF destroyed, then a revised report must be submitted to 

reflect the changes. 

~11 suppliers including 3 

existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs and 8 new 

suppliers that destroy 

previously produced 

fluorinated GHGs or 

fluorinated HTFs. 

Each bulk importer of . . .fluorinated HTFs . . . shall submit an annual report that summarizes its 

imports at the corporate level, except for shipments including less than twenty-five kilograms of 

fluorinated GHGs, fluorinated HTFs, or nitrous oxide, transshipments, and heels that meet the 

conditions set forth at §98.417(e). The report shall contain the following information for each import:

98.416(c)(1) Total mass in metric tons of . . . each . . . fluorinated HTF 

imported in bulk, including each... fluorinated HTF 

constituent of the. . . fluorinated HTF product that makes 

up between 0.5 percent and 100 percent of the product by 

mass.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(2) Total mass in metric tons of . . . fluorinated HTF imported 

in bulk and sold or transferred to persons other than the 

importer for use in processes resulting in the 

transformation or destruction of the chemical.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(3) Date on which the... fluorinated HTFs . . . were imported. 3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(4) Port of entry through which the . . . fluorinated HTFs . . . 

passed.

3 existing suppliers of 

fluorinated HTFs that are not

fluorinated GHGs. 

98.416(c)(5) Country from which the imported ... fluorinated HTFs . . . 

were imported.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(6) Commodity code of the ... fluorinated HTFs ...shipped. 3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(7) Importer number for the shipment. 3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 
45

Table 4.24 New Data Elements in Subpart OO

Citation Proposed Data Element Applies to...

98.416(c)(8) Total mass in metric tons of each . . .fluorinated HTF 

destroyed by the importer.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(9) Names and addresses of facilities. 3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(9) Quantities of fluorinated HTFs sold or transferred to each 

facilities for transformation.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(10) If applicable, the names and addresses of the persons and 

facilities to which the . . . fluorinated HTFs were sold or 

transferred for destruction.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

98.416(c)(10) If applicable, the quantities (metric tons) of each . . . 

fluorinated HTF that were sold or transferred to each 

facility for destruction.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs. 

Each bulk exporter of fluorinated GHGs, fluorinated HTFs, or nitrous oxide shall submit an annual 

report that summarizes its exports at the corporate level, except for shipments including less than 

twenty-five kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous oxide, transshipments, and 

heels. The report shall contain the following information for each export:

98.416(d)(1) Total mass in metric tons of . . . each . . .fluorinated HTF 

exported in bulk.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs.

98.416(d)(2) Names and addresses of the exporter and the recipient of 

the exports.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs.

98.416(d)(3) Exporter's Employee Identification Number. 3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs.

98.416(d)(4) Commodity code of the . . . fluorinated HTFs . . . shipped. 3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs.

98.416(d)(5) Date on which, and the port from which, the . . . 

fluorinated HTFs . . . were exported from the United 

States or its territories.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs.

98.416(d)(6) Country to which the . . . fluorinated HTFs . . . were 

exported.

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs.

Each facility that produces a fluorinated HTF or each facility that destroys fluorinated GHGs or

fluorinated HTFs but does not otherwise reported under subpart OO, as applicable...

98.416(i) Each facility that destroys fluorinated GHGs or 

fluorinated HTFs but does not otherwise report under this 

section shall report the mass in metric tons of each 

fluorinated GHG or fluorinated HTF that is destroyed at 

that facility and that was previously produced as defined 

at § 98.410(b) or (d), as applicable. Quantities to be 

reported under this paragraph (i) include but are not 

limited to quantities that are shipped to the facility by 

another facility for destruction and quantities that are 

returned to the facility for reclamation but are found to be 

irretrievably contaminated and are therefore destroyed.

8 new suppliers, including 

suppliers that destroy 

previously produced 

fluorinated GHGs or 

fluorinated HTFs.
46

Table 4.24 New Data Elements in Subpart OO

Citation Proposed Data Element Applies to...

98.416(j) If the facility commences production of a fluorinated HTF 

product that was not included in the initial report or 

performs a repeat measurement under § 98.414(n) that 

shows that the identities or concentrations of the 

fluorinated HTF or fluorinated GHG constituents of a 

fluorinated HTF product have changed, then the new or 

changed concentrations must be provided in a revised 

report. 

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs.

98.416(j) If the facility commences production of a fluorinated HTF 

product that was not included in the initial report or 

performs a repeat measurement under § 98.414(n) that 

shows that the identities or concentrations of the 

fluorinated HTF or fluorinated GHG constituents of a 

fluorinated HTF product have changed, the date of the 

change must be provided in a revised report. 

3 existing suppliers of 

fluorinated HTFs that are not 

fluorinated GHGs.

Small Entity Impact Analysis. The small entity economic impact for suppliers of 

industrial greenhouse gases was measured using the “sales tests” approach (represented as costto-receipt ratios) for the NAICS code associated with the affected subpart in the Regulatory 

Impact Analysis for the GHG Reporting Rule. The same approach is used in this analysis for the 

additional facilities subject to subpart OO due to the revisions. If the ratio of rule implementation 

cost to sales is less than 1 percent, the impact is not considered to be significant.10

Based on the 2012 economic census database published by U.S. Bureau of the Census, 

the receipts (sales), number of establishments, and the average receipts for different sizes of 

Industrial Gas Manufacturing facilities (with a NAICS code of 325120) are summarized in Table 

4.25. The average receipts information is adjusted from 2012 dollars to 2011 dollars based on the 

consumer price index published by Bureau of Labor Statistics.

Table 4.25 Receipts, Number of Establishments, and Average Receipts for Industrial Gas 

Manufacturing (NAICS code of 325120)

Owned by Enterprises with:

1-19 

Employees

20-99 

Employees

100-499 

Employees

500-999 

Employees

1,000 -1,499 

Employees

Receipts (2012$) $111,567,000 $116,335,000 - (a) - (a) - (a)

Number of Establishments 53 5 14 12 48

Average Receipts for Each 

Establishment (2012$) $2,105,038 $23,267,000 - - -

Average Receipts for Each 

Establishment (2011$) $2,063,973 $22,813,106 - - -

(a) Note from 2012 economic census database - Data withheld and value set to 0 to avoid disclosing data for 

individual businesses.
47

According to the cost information listed in Table 3.1, the rule implementation costs for 

subpart OO are $4,527 for the first year and $3,327 for subsequent years (in 2011 dollars). The 

sales tests (cost-to-receipt ratios) results are shown in Table 4.26 for the first year and subsequent 

years.

Table 4.26 Sales Tests for Subpart OO Facilities

Owned by Enterprises with:

1-19 

Employees

20-99 

Employees

100-499 

Employees

500-999 

Employees

1,000 -1,499 

Employees

Sales Test - First Year 0.22% 0.02% - - -

Sales Test - Subsequent 

Years 0.16% 0.01% - - -

The results in Table 4.26 show that the costs for the rule revisions for facilities subject to 

subpart OO are below 1 percent of the sales for all sizes of Industrial Gas Manufacturing

facilities with a NAICS code of 325120 that have data. Therefore, it was determined that there is 

not a significant impact on a substantial number of small businesses subject to reporting under 

subpart OO as a result of this action.

4.24 Subpart RR – Geologic Sequestration of Carbon Dioxide

EPA is proposing one revision to subpart RR that would impact burden. The EPA is 

proposing to add one data reporting element, as shown in Table 4.27. This data element requires 

information that reporters are expected to have readily available, therefore, burden was estimated 

as described in Section 3.2 of this document. There are no additional proposed changes to this 

subpart.

Table 4.27 New, Revised, or Removed Data Elements in Subpart RR

Citation Data Element(s) New, Revised, or 

Removed

98.446(g) Whether the CO2 stream is being injected into subsurface 

geologic formations to enhance the recovery of oil or natural gas.

New

4.25 Subpart TT — Industrial Waste Landfills

The EPA is proposing several amendments to Table TT-1 to subpart TT that would 

improve the quality of the data collected under the GHGRP. These proposed revisions are 

anticipated have no or minimal impact on the burden for reporters. 

The EPA is proposing to provide additional default DOC values for the pulp and paper 

industry for the purposes of improving the accuracy of the methane emissions estimates reported 

under subpart TT. The proposed revisions would provide default DOC values for the four 
48

specific pulp and paper industry waste types previously listed, including Boiler Ash, Wastewater 

Sludge, Kraft Recovery Wastes, and Other Pulp and Paper Wastes. In addition, the revisions 

would include a footnote to Table TT-1 to explain that Kraft Recovery Wastes include green 

liquor dregs, slaker grits, and lime mud, which may also be referred to collectively as 

causticizing or recausticizing wastes. Because these are changes to default values used in 

calculating emissions, the proposed revisions are anticipated to have no impact on reporters. In 

some cases, the proposed revisions may reduce burden for some facilities currently using sitespecific factors.

EPA is also proposing one minor correction to subpart TT. This minor revision is

summarized in the Table of Revisions and would have no impact on burden.

4.26 Other Minor Revisions, Clarifications, and Corrections 

In addition to the substantive amendments presented in this Section 4, we are proposing 

minor revisions, clarifications, and corrections to subparts P, U, MM, PP, and UU of Part 98. 

The proposed changes to these subparts are provided in the Table of Revisions, and include

clarifying requirements to better reflect the EPA’s intent, corrections to calculation terms or 

cross-references that do not revise the output of calculations, harmonizing changes within a 

subpart (such as changes to terminology), simple typographical errors, and other minor 

corrections (e.g., removal of redundant text). The proposed changes would have no impact on the 

burden to reporters.

5.0 CONFIDENTIALITY DETERMINATIONS FOR NEW OR CHANGED 

REPORTING ELEMENTS

In addition to proposing changes to streamline and improve implementation of the rule 

and to improve the quality and consistency data, EPA is proposing confidentiality determinations 

for new or substantially revised reporting data elements. EPA is also proposing confidentiality 

determinations for existing data elements for which a confidentiality determination has not 

previously been proposed, or where the EPA has determined that the current determination is no 

longer appropriate, in subparts I, Z, MM, NN, PP, and RR. The proposed confidentiality 

determinations do not affect the burden on reporters, and thus no burden was estimated for the 

determinations.