47392 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0147; FRL–9443–1] 

RIN 2060–AQ85 

Mandatory Reporting of Greenhouse 

Gases 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

specific provisions in the Mandatory 

Reporting of Greenhouse Gases Rule to 

correct certain technical and editorial 

errors that have been identified since 

promulgation and to clarify or propose 

amendments to certain provisions that 

have been the subject of questions from 

reporting entities. These proposed 

changes include additional information 

to clarify compliance obligations, 

correct data reporting elements so they 

more closely conform to the information 

used to perform emission calculations, 

and make other corrections and 

amendments. EPA has received 

petitions for reconsideration on some of 

these subparts. EPA is still considering 

these petitions, and the issues raised in 

the petitions are not discussed or 

addressed in this action. 

DATES: Comments. Comments must be 

received on or before September 19, 

2011. 

Public Hearing. EPA does not plan to 

conduct a public hearing unless 

requested. To request a hearing, please 

contact the person listed in the 

following FOR FURTHER INFORMATION

CONTACT section by August 11, 2011. If 

requested, the hearing will be 

conducted on August 19, 2011, in the 

Washington, DC area. EPA will provide 

further information about the hearing on 

its webpage if a hearing is requested. 

ADDRESSES: You may submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2011–0147 by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: MRR_Corrections@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2011–0147 [and/or RIN number] in the 

subject line of the message. 

• Fax: (202) 566–9744. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 2822T, Attention: Docket ID 

No. EPA–HQ–OAR–2011–0147, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20004. 

• Hand/Courier Delivery: EPA Docket 

Center, Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011–

0147, 2011 Technical Corrections, 

Clarifying and Other Amendments to 

Certain Provisions of the Mandatory 

Reporting of Greenhouse Gases Rule. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingRule@epa.gov. For 

technical information, please go to the 

Greenhouse Gas Reporting Rule Program 

Web site http://www.epa.gov/

climatechange/emissions/

ghgrulemaking.html. To submit a 

question, select Rule Help Center, 

followed by Contact Us. To obtain 

information about the public hearing or 

to register to speak at the hearing, please 

go to http://www.epa.gov/

climatechange/emissions/

ghgrulemaking.html. Alternatively, 

contact Carole Cook at 202–343–9263. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of this proposal will 

also be available through the WWW. 

Following the Administrator’s signature, 

a copy of this action will be posted on 

EPA’s Greenhouse Gas Reporting 

Program Web site at http:// 

www.epa.gov/climatechange/emissions/

ghgrulemaking.html. 

SUPPLEMENTARY INFORMATION: 

Additional Information on Submitting 

Comments: To expedite review of your 

comments by Agency staff, you are 

encouraged to send a separate copy of 

your comments, in addition to the copy 

you submit to the official docket, to 

Carole Cook, U.S. EPA, Office of 

Atmospheric Programs, Climate Change 

Division, Mail Code 6207–J, 

Washington, DC 20460, telephone (202) 

343–9263, e-mail address: 

GHGReportingRule@epa.gov. 

Regulated Entities. The Administrator 

determined that this action is subject to 

the provisions of Clean Air Act (CAA) 

section 307(d). See CAA section 

307(d)(1)(V) (the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine’’). 

These are proposed amendments to 

existing regulations. If finalized, these 

amended regulations would affect 

owners or operators of certain industrial 

gas suppliers and direct emitters of 

GHGs. Regulated categories and 

examples of affected entities include 

those listed in Table 1 of this preamble: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47393 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

Petroleum and Natural Gas Systems .................. 486210 Pipeline transportation of natural gas. 

221210 Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

Underground Coal Mines ..................................... 212113 Underground anthracite coal mining operations. 

212112 Underground bituminous coal mining operations. 

Electrical Transmission and Distribution Equipment Use.221121 Electric bulk power transmission and control facilities. 

Industrial Wastewater Treatment ......................... 322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

325193 Ethanol manufacturing facilities. 

324110 Petroleum refineries. 

Suppliers of Industrial GHGs ............................... 325120 Industrial gas production facilities. 

Geologic Sequestration of Carbon Dioxide .......... N/A CO2 geologic sequestration projects 

Industrial Waste Landfills ..................................... 562212 Solid waste landfills. 

322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

221320 Sewage treatment facilities. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

lists the types of facilities or suppliers 

that EPA is now aware could be 

potentially affected by the reporting 

requirements. Other types of facilities 

and suppliers than those listed in the 

table could also be subject to reporting 

requirements. To determine whether 

you are affected by this action, you 

should carefully examine the 

applicability criteria found in 40 CFR 

part 98, subpart A or the relevant 

criteria in the sections related to 

suppliers and direct emitters of GHGs. 

If you have questions regarding the 

applicability of this action to a 

particular facility or supplier, consult 

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT Section. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

acf actual cubic feet. 

AGR acid gas removal. 

ASTM American Society for Testing and 

Materials. 

BAMM best available monitoring methods. 

CAA Clean Air Act. 

CBI confidential business information. 

CEMS continuous emissions monitoring 

system. 

CFC chlorofluorocarbon. 

CFR Code of Federal Regulations. 

CH4 methane. 

CO2 carbon dioxide. 

DOC degradable organic carbon. 

EF emission factor. 

e-GGRT electronic-GHG Reporting Tool. 

EPA U.S. Environmental Protection 

Agency. 

FR Federal Register. 

GHG greenhouse gas. 

GHGRP Greenhouse Gas Reporting 

Program. 

HCFC hydrochlorofluorocarbon. 

kg kilograms. 

kg/ft3 kilograms per cubic foot. 

mcf methane correction factor. 

MMscf million standard cubic feet. 

MRV monitoring, reporting and 

verification. 

MSHA Mine Safety and Health 

Administration. 

MtCO2e metric tons carbon dioxide 

equivalent. 

N2O nitrous oxide. 

NAICS North American Industry 

Classification System. 

NOAA National Oceanic and Atmospheric 

Administration. 

NTTAA National Technology Transfer and 

Advancement Act. 

OMB Office of Management and Budget. 

PFCs perfluorocarbons. 

psia pounds per square inch absolute. 

RFA Regulatory Flexibility Act. 

SF6 sulfur hexafluoride. 

U.S. United States. 

UMRA Unfunded Mandates Reform Act of 

1995. 

Table of Contents 

I. Background 

A. How is this preamble organized? 

B. Background on This Action 

C. Legal Authority 

D. How would these amendments apply to 

2012 reports? 

II. Technical Corrections and Other 

Amendments 

A. Subpart A—General Provisions 

B. Subpart W—Petroleum and Natural Gas 

Systems 

C. Subpart FF—Underground Coal Mines 

D. Subpart II—Industrial Wastewater 

Treatment 

E. Subpart OO—Suppliers of Industrial 

Greenhouse Gases 

F. Subpart RR—Geologic Sequestration of 

Carbon Dioxide 

G. Subpart TT—Industrial Waste Landfills 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions that 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47394 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

1Consolidated Appropriations Act, 2008, Public 

Law 110–161, 121 Stat. 1844, 2128. 

I. Background 

A. How is this preamble organized? 

The first section of this preamble 

contains the basic background 

information about the origin of these 

proposed rule amendments and request 

for public comment. This section also 

discusses EPA’s use of our legal 

authority under the Clean Air Act to 

collect data under the Mandatory 

Reporting of Greenhouse Gases (GHG 

reporting) rule. 

The second section of this preamble 

describes in detail the changes that are 

being proposed to correct technical 

errors, to provide clarification, or 

propose amendments to address 

implementation issues identified by 

EPA and others. This section also 

presents EPA’s rationale for the 

proposed changes and identifies issues 

on which EPA is particularly interested 

in receiving public comments. 

Finally, the last (third) section of the 

preamble discusses the various statutory 

and executive order requirements 

applicable to this proposed rulemaking. 

B. Background on This Action 

The 2009 final GHG reporting rule 

(2009 final rule) was signed by EPA 

Administrator Lisa Jackson on 

September 22, 2009 and published in 

the Federal Register on October 30, 

2009 (74 FR 56260, October 30, 2009). 

The 2009 final rule, which became 

effective on December 29, 2009, 

includes reporting of GHGs from various 

facilities and suppliers, consistent with 

the 2008 Consolidated Appropriations 

Act.1 Subsequent notices were 

published in 2010 finalizing the 

requirements for subparts FF, II, and TT 

(75 FR 39736, July 12, 2010), subpart W 

(75 FR 74458, November 30, 2010), 

subpart DD (75 FR 74774, December 1, 

2010) and subpart RR (75 FR 75060, 

December 1, 2010). Subpart OO, which 

was promulgated as part of the 2009 

final rule was also revised in 2010 (75 

FR 79092, December 17, 2010). The 

source categories in 40 CFR part 98 

cover approximately 85–90 percent of 

U.S. GHG emissions through reporting 

by direct emitters, as well as suppliers 

of certain products that would result in 

GHG emission when released, used, or 

oxidized, and those that geologically 

sequester or otherwise inject carbon 

dioxide (CO2) underground. 

C. Legal Authority 

EPA is proposing these rule 

amendments under its existing CAA 

authority, specifically authorities 

provided in CAA section 114. 

As stated in the preamble to the 2009 

final rule (74 FR 56260) and the 

Response to Comments on the Proposed 

Rule, Volume 9, Legal Issues, CAA 

section 114 provides EPA broad 

authority to require the information 

proposed to be gathered by this rule 

because such data would inform and are 

relevant to EPA’s carrying out a wide 

variety of CAA provisions. As discussed 

in the preamble to the initial proposed 

rule (74 FR 16448, April 10, 2009), CAA 

section 114(a)(1) authorizes the 

Administrator to require emissions 

sources, persons subject to the CAA, 

manufacturers of control or process 

equipment, or persons whom the 

Administrator believes may have 

necessary information to monitor and 

report emissions and provide such other 

information the Administrator requests 

for the purposes of carrying out any 

provision of the CAA. For further 

information about EPA’s legal authority, 

see the preambles to the 2009 proposed 

and final rules and EPA’s Response to 

Comments, Volume 9. 

D. How would these amendments apply 

to 2012 reports? 

EPA is planning to address the 

comments on these proposed 

amendments and publish the final 

amendments before the end of 2011. 

Therefore, reporters would be expected 

to calculate emissions and other 

relevant data for the reports that are 

submitted in 2012 using 40 CFR part 98 

as amended by this proposed action. We 

have determined that it is feasible for 

the sources to implement these changes 

for the 2011 reporting year because the 

revisions primarily provide additional 

clarifications regarding the existing 

regulatory requirements, do not change 

the type of information that must be 

collected, and do not materially affect 

how emissions are calculated. 

For example, EPA is proposing 

several technical clarifications and 

amendments to subpart A to address 

issues raised by reporters through 

questions to the hotline in late 2010 and 

early 2011, as well as those identified by 

EPA. For additional background 

information on the questions raised, 

please refer to the Technical Support 

Document for the 2011 Technical 

Corrections, Clarifying and Other 

Amendments to Certain Provisions of 

the Mandatory Reporting of Greenhouse 

Gases Rule proposal available in the 

docket to this rulemaking (EPA–HQ– 

OAR–2011–0147). For instance, we are 

proposing to change the threshold for 

underground coal mines to include only 

those that liberate 36,500,000 actual 

cubic feet (acf) of methane (CH4) or 

more per year (equivalent to 100,000 acf 

of CH4 or more per day). If the current 

regulatory threshold is retained, all 

mines that are currently subject to 

quarterly or more frequent sampling by 

Mine Safety and Health Administration 

(MSHA) would be required to report. 

Given that the original requirements 

were based on an incorrect assumption 

regarding the number of mines that 

MSHA samples, we are proposing a new 

threshold that will remove reporting 

requirements for approximately 500 

mines (see relevant discussion in 

Section II.C of this preamble). We are 

also proposing provisions to clarify the 

time period during which information 

must be submitted to EPA and to clarify 

which information may be submitted 

through the electronic Greenhouse Gas 

Reporting Tool (e-GGRT) and which 

must be mailed to the Director of the 

Climate Change Division. We are also 

proposing a revision to the definition of 

‘‘supplier’’ to be consistent with 

changes made to the rule during 2010. 

These changes impose no additional 

burden for facilities, and could be 

readily implemented for the 2011 

reporting year. 

Many proposed revisions provide 

additional information to provide clarity 

on existing requirements. For example, 

in subpart W (Petroleum and Natural 

Gas Systems) we are providing 

additional clarity on the methodological 

options for calculating emissions from 

acid gas removal units and emissions 

from well venting for liquids unloading. 

In subpart FF (Underground Coal 

Mines) we are proposing to clarify use 

of MSHA data to calculate emissions. 

While MSHA data may be used to 

collect data for volume and 

concentration of methane, it does not 

provide temperature and pressure data; 

therefore, we are proposing that 

measurements of temperature must be 

made at the same time as MSHA 

measurements for volume and 

concentration of methane and that for 

pressure, facilities must use either a 

measured value or the average annual 

barometric pressure from the nearest 

National Oceanic and Atmospheric 

Administration (NOAA) weather service 

station. This proposed clarification is 

consistent with clarifications EPA has 

issued in response to industry questions 

and does not change the rule 

requirements for facilities collecting 

data in 2011 because the requirements 

to collect temperature and pressure data 

were already clear in 40 CFR 

98.324(b)(1). In subpart RR, clarifying 

text is proposed in 40 CFR 98.443(d) to 

ensure that facilities account for CO2

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47395 

entrained in produced fluids from oil or 

gas production wells or from other fluid 

wells that are not processed through a 

gas-liquid separator. Although we 

intended that CO2 content in all 

produced liquids would be determined 

(see Section II.B.4 of the preamble to the 

final subpart RR rule (75 FR 75065, 

December 1, 2010)), the text in 40 CFR 

98.443(d) and associated equations were 

based on measurements that did not 

include fluids removed without the use 

of a separator, such as water removed 

for pressure relief. Therefore, the 

clarifying text does not change the rule 

requirements for facilities collecting 

data in 2011. 

Other proposed amendments provide 

additional clarity to the data reporting 

elements. For example, in subpart II 

(Industrial Wastewater Treatment) we 

are proposing to clarify what is meant 

by weekly sampling in 40 CFR 98.353(c) 

and (d); the proposed revisions would 

clarify that reporters that sample only 

once per week must sample more than 

three days apart. 

For some subparts, we are proposing 

amendments that would provide 

additional flexibility to the sources. 

Thus, while they would be free to use 

the amended regulations once final, 

facilities are not required to follow the 

amendments for 2011 data collection. 

For example, in subpart TT (Industrial 

Waste Landfills), facilities are provided 

an additional approach for determining 

the volatile solids concentration or the 

waste-specific degradable organic 

carbon (DOC) values for historically 

disposed streams. The July 12, 2010 

final rule had no provisions by which 

waste streams that were not disposed of 

in the first reporting year could be 

assessed. These waste streams were 

required to use the default DOC values, 

which have a high degree of 

uncertainty. The proposed revision 

allows owners and operators of 

industrial waste landfills to develop 

more accurate values for volatile solids 

concentration and site-specific DOC. 

With these proposed amendments, these 

facilities would have the option, but not 

be required, to use the newly proposed 

option for the reports submitted to EPA 

in 2012 and thereafter. 

EPA is also proposing corrections to 

terms and definitions in certain 

equations. For example, in subpart TT 

(Industrial Waste Landfill), we are 

proposing to delete Equation TT–7 and 

amend Equation TT–8, which were 

incorrectly based on the assumption 

that the volatile solids concentration 

was expected to have units of mass of 

volatile solids per mass of (wet) waste. 

We are correcting these equations per 

Standard Method 2540G ‘‘Total, Fixed, 

and Volatile Solids in Solid and 

Semisolid Samples,’’ in which the 

volatile solids concentration is 

determined on a dry basis. These 

clarifications do not result in additional 

requirements; therefore, EPA has 

concluded that reporters subject to the 

subparts that would be amended by this 

proposed action can follow the rule, as 

amended, in submitting their reports in 

2012 and thereafter. 

Finally, EPA is proposing other 

technical corrections (e.g., correcting 

cross references) that have no impact on 

facilities’ data collection efforts in 2011. 

In summary, these amendments 

would not require any additional 

monitoring or information collection 

above what was already included in 40 

CFR part 98. Therefore, we expect that 

sources can use the same information 

that they have been collecting under 40 

CFR part 98 for each subpart to calculate 

and report GHG emissions for 2011 and 

submit reports in 2012 under the 

amended subparts. 

EPA generally seeks comment on the 

conclusion that it is appropriate to 

implement these amendments and 

incorporate the requirements in the data 

reported to EPA in 2012. Further, we 

seek comment on whether there are 

specific subparts and specific proposed 

changes where this timeline may not be 

feasible or appropriate due to the nature 

of the proposed changes or the way in 

which data have been collected thus far 

in 2011. We request that commenters 

provide specific examples of how the 

proposed implementation schedule 

would or would not work. 

II. Technical Corrections and Other 

Amendments 

Following promulgation of subparts A 

and OO on October 30, 2009, subparts 

FF, II, and TT on July 12, 2010, subpart 

W on November 30, 2010, and subparts 

DD and RR on December 1, 2010, EPA 

has identified errors in the regulatory 

language that we are now proposing to 

correct. These errors were identified as 

a result of working with affected 

industries to implement these subparts. 

We have also identified certain rule 

provisions that should be amended to 

provide greater clarity. The amendments 

we are now proposing include the 

following types of changes: 

• Changes to correct cross references 

within and between subparts. 

• Additional information to better or 

more fully understand compliance 

obligations in a specific provision, such 

as the reference to a standardized 

method that must be followed. 

• Amendments to certain equations to 

better reflect actual operating 

conditions. 

• Corrections to terms and definitions 

in certain equations. 

• Corrections to data reporting 

requirements so that they more closely 

conform to the information used to 

perform emission calculations. 

• Other amendments related to 

certain issues identified as a result of 

working with the affected sources 

during rule implementation and 

outreach. 

We are seeking public comment only 

on the issues specifically identified in 

this notice for the identified subparts. 

We will not respond to any comments 

addressing other aspects of 40 CFR part 

98. 

A. Subpart A—General Provisions 

EPA is proposing several technical 

clarifications and amendments to 

subpart A to address issues raised by 

reporters and identified by EPA during 

the first year of implementation of the 

GHG Reporting Program (GHGRP), as 

well as to clarify terminology to ensure 

consistency across all subparts. In 

addition, a number of minor 

amendments are proposed to ensure that 

the General Provisions appropriately 

reflect the incorporation of the 

additional subparts into the GHGRP that 

were finalized in 2010. 

Threshold for Electrical Transmission 

and Distribution Equipment Use. We are 

proposing to amend Table A–3 in the 

General Provisions to clarify 

applicability of the rule for Electrical 

Transmission and Distribution 

Equipment Use (subpart DD). The final 

subpart DD rule (December 1, 2010; 75 

FR 74774) specifies at § 98.301 that 

reporting is required for an electric 

power system only if the total 

nameplate capacity of SF6 and PFC 

containing equipment located within 

the electric power system, when added 

to the total nameplate capacity of SF6

and PFC containing equipment that is 

not located within the electric power 

system but is under common ownership 

or control, exceeds 17,820 pounds. That 

section of the rule also specifies that a 

facility other than an electric power 

system that is subject to part 98 because 

of emissions from another source 

category is only required to report 

emissions under subpart DD if the total 

nameplate capacity of SF6 and PFC 

containing equipment located within 

that facility exceeds 17,820 pounds. The 

final rule, however, does not include the 

17,820 pound capacity threshold in 

Table A–3. Some potential reporters 

have questioned if this omission means 

that all facilities with electric power 

equipment must submit an annual 

report, even if they are below the 

capacity threshold and are not 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47396 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

2There was a separate one-time extension of the 

reporting deadline for facilities and suppliers first 

required to report GHG information to EPA in 2011, 

for data collected during 2010 (76 FR 14812). The 

deadline extension in this proposal only applies to 

the reporting of information from those source 

categories for which data collection began in 2011 

and for which data are to be reported in 2012. 

otherwise required to report under any 

other provisions of part 98. This 

interpretation is clearly not the intent of 

the rule. The regulatory text in the final 

rule can and should be interpreted to 

mean that a facility is required to submit 

an annual report only if the capacity 

threshold is exceeded. This 

interpretation is clear from the preamble 

to the proposal (74 FR 16609) as well as 

the final rule (75 FR 74774)). However, 

we are proposing to revise Table A–3 to 

insert the capacity threshold language of 

§ 98.301 to make the rule clearer and 

less subject to misinterpretation. 

Because the test for whether a facility 

meets the numerical threshold differs 

depending on the type of facility, we are 

including a reference to § 98.301. 

Therefore, we are revising the Table A– 

3 entry for subpart DD to read as 

follows: Electrical transmission and 

distribution use at facilities where the 

total nameplate capacity of SF6 and PFC 

containing equipment exceeds 17,820 

pounds, as determined under § 98.301 

(subpart DD). 

Threshold for Underground Coal 

Mines. We are proposing to change the 

threshold for underground coal mines to 

include only those that have ventilation 

emissions of 36,500,000 acf of CH4 or 

more per year. For a full description of 

this proposed change, please refer to the 

relevant discussion under subpart FF of 

this action. 

Computation of Time. EPA is 

proposing to add a provision to 40 CFR 

98.3(b) to allow information, including 

but not limited to, the annual GHG 

report and any subsequent resubmissions, the certificate of 

representation, and requests to use best 

available monitoring methods, to be 

submitted to EPA on the next business 

day in the event that a regulatory 

deadline falls on a weekend or a Federal 

holiday. The proposed language is 

consistent with a similar provision 

under the Acid Rain Program (40 CFR 

72.11) and will provide all reasonable 

flexibilities for submitting data without 

compromising data quality. 

2012 Reporting Deadline. We are 

proposing a one-time extension of the 

2012 reporting deadline for facilities 

and suppliers subject to source 

categories for which data collection 

began January 1, 2011 (referred to below 

as the ‘‘new 2011 reporting year source 

categories’’).2 A deadline extension from 

March 31, 2012 to September 28, 2012 

would apply only to reporting of data 

elements under the following source 

categories: Electronics Manufacturing 

(subpart I), Fluorinated Gas Production 

(subpart L), Magnesium Production 

(subpart T), Petroleum and Natural Gas 

Systems (subpart W), Use of Electric 

Transmission and Distribution 

Equipment (subpart DD), Underground 

Coal Mines (subpart FF), Industrial 

Wastewater Treatment (subpart II), 

Imports and Exports of Equipment Precharged with Fluorinated GHGs or 

Containing Fluorinated GHGs in 

Closed–cell Foams (subpart QQ), 

Geologic Sequestration of Carbon 

Dioxide (subpart RR), Manufacture of 

Electric Transmission and Distribution 

(subpart SS), Industrial Waste Landfills 

(subpart TT), and Injection of Carbon 

Dioxide (subpart UU). 

All facilities and suppliers subject to 

the GHGRP, including facilities and 

suppliers that include the source 

categories listed above, would still be 

required to report their GHG 

information for all other subparts by 

March 31, 2012. For example, a facility 

subject to report GHG information under 

subparts C, W, and PP would still be 

required to report GHG information for 

subparts C and PP by March 31, 2012, 

but would not be required to submit the 

required data reporting elements under 

subpart W until September 28, 2012. 

We are proposing this change to the 

2012 reporting deadline for the new 

2011 reporting year source categories in 

order to allow sufficient time for 

development, and more importantly 

stakeholder testing, of the electronicGHG Reporting Tool (e-GGRT). 

Stakeholder testing provides an 

opportunity for EPA to receive feedback 

from reporters and other interested 

stakeholders to enable EPA to test the 

effectiveness of the user interface of eGGRT, correct any problems in advance 

of the reporting deadline, and ultimately 

ensure that the data received under the 

program are of the highest quality. 

Stakeholder testing of the electronic 

reporting tool for the new 2011 

reporting year source categories is 

particularly important given the large 

number of reporters affected by these 

new categories (more than one quarter 

of all reporters are estimated to be 

required to report under these new 

subparts). 

Based on the discussion above, we are 

seeking comment on whether a sixmonth extension of the 2012 reporting 

deadline for the new 2011 reporting 

year source categories to September 28, 

2012, would be appropriate. Facilities 

and suppliers subject to the rule would 

still be required to report all other 

required data reporting elements by 

March 31, 2012, but would not report 

information related to the new 2011 

reporting year source categories until 

September 28, 2012. 

Reporting on use of Best Available 

Monitoring Methods (BAMM). We are 

proposing to amend 40 CFR 98.3(c)(7) to 

remove the phrase ‘‘according to 

paragraph (d) of this section’’ thereby 

requiring all facilities and suppliers that 

use BAMM to provide a brief 

description of each ‘‘best available 

monitoring method’’ used, the 

parameter measured using the method, 

and the time period during which the 

‘‘best available monitoring method’’ was 

used, if applicable. This reporting 

requirement was applicable to all 

facilities and suppliers using BAMM in 

the 2009 final rule. Most of the subparts 

promulgated in 2010 (subparts T, DD, 

FF, II, QQ, RR, SS, TT, and UU) directly 

referred back to the procedures in 40 

CFR 98.3(d), and therefore the 

requirement to report basic information 

on BAMM is required. Through this 

amendment, we are clarifying that this 

basic information must be reported for 

all subparts, including subparts L 

(Fluorinated Gas Production) and W 

(Petroleum and Natural Gas Systems). 

This does not impact the requirements 

of subpart I (Electronics Manufacturing), 

which already directly include this 

reporting requirement in the data 

reporting requirements of that subpart. 

Definitions 

Blowdown vent stack. We are 

proposing to amend the definition of 

blowdown vent stack emissions to add 

the phrase ‘‘emissions from emergency 

events are not included.’’ EPA is 

proposing to make this change to 

promote better consistency with 

provisions in subpart C, which 

exempted emissions from emergency 

generators and equipment from being 

included in the GHG emissions 

calculations. 

Supplier. Based on changes made to 

the rule during 2010, the definition of 

supplier does not adequately represent 

the breadth of subparts covered under 

the rule. EPA is proposing to change the 

definition of supplier in 40 CFR 98.6 so 

it specifically refers to those source 

categories listed in Table A–5 to subpart 

A of part 98, and is as described in the 

definition of the source category in the 

applicable subparts. 

The proposed amendment is 

necessary because suppliers are 

currently defined as suppliers of fossil 

fuels and industrial GHGs. However, 

during 2010, EPA changed the 

definition of fossil fuels in a rulemaking 

(75 FR 79092) that could be wrongly 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47397 

interpreted to exclude some suppliers 

that are clearly subject to the rule. In the 

2009 final rule, fossil fuel was defined 

in 40 CFR 98.6 as meaning natural gas, 

petroleum, coal, or any form of solid, 

liquid, or gaseous fuel derived from 

such material, including for example, 

consumer products that are derived 

from such materials and are combusted. 

Using this definition, suppliers of fossil 

fuel-based products were covered by 

subparts MM and NN regardless of the 

product end-use. This interpretation is 

clear from the preamble to the 2009 

final rule (74 FR 56260). However, in 

the subsequent rulemaking (75 FR 

79092) EPA modified the definition of 

fossil fuel to read natural gas, 

petroleum, coal, or any form of solid, 

liquid, or gaseous fuel derived from 

such material, for purpose of creating 

useful heat. We were clear in the 

preamble to that final rule that the 

change was not intended to have any 

impact on coverage of GHGs under the 

GHGRP (see 75 FR 79104). Nevertheless, 

referring to only suppliers of fossil fuels 

could now wrongly be interpreted so as 

to exclude some coverage under 

subparts MM and NN. 

In addition, we added a new source 

category to the rule called Importers and 

Exporters of Fluorinated GHGs 

Contained in Pre-charged Equipment or 

Closed-cell Foams (subpart QQ, 75 FR 

74774). Although one could interpret 

the existing definition to include 

suppliers of fluorinated GHGs in bulk 

and in products, the proposed 

amendment further clarifies that 

suppliers include all the relevant source 

categories included in Table A–5. 

We are also proposing a harmonizing 

change in 40 CFR 98.1(a)(1) to remove 

the terms ‘‘fossil fuel’’ and ‘‘industrial 

greenhouse gas’’ before the term 

‘‘supplier.’’ 

Submission of reports and other 

information to EPA. There were some 

questions raised in the 2009 final rule 

about where certain communications 

should be directed, whether 

electronically through the electronic 

greenhouse gas reporting tool (40 CFR 

98.5) or through the mail with an 

attention to the Director of the Climate 

Change Division (40 CFR 98.9). 40 CFR 

98.5 reads that each GHG report and 

certificate of representation for a facility 

or supplier must be submitted 

electronically in a format specified by 

the Administrator. 40 CFR 98.9 was 

intended to provide a mailing address 

for all other communications under the 

program, however, the regulatory 

language indicated that the mailing 

address was for all requests, 

notifications, and communications to 

the Administrator other than submittal 

of the annual GHG report. This raised a 

question as to whether the certificate of 

representation could be submitted 

through the mail. 

To address this potential source of 

confusion, we are clarifying that the 

annual GHG report, the certificate of 

representation, and all other requests, 

notifications, or communications that 

can be submitted through e-GGRT, must 

be submitted through e-GGRT. All other 

requests, notifications, or 

communications to the Administrator 

pursuant to this part shall be submitted 

through the mail to the Director of the 

Climate Change Division. 

Other Technical Corrections. We are 

proposing to amend 40 CFR 98.2(d) and 

(e) to remove references to paragraphs 

40 CFR 98.2(a)(4)(i) and (a)(4)(ii), 

respectively, which were removed when 

we finalized amendments during 2010 

to consolidate the lists of source 

categories covered into tables. The 

correct references for both paragraphs 

should have been to 40 CFR 98.2(a)(4). 

In those same paragraphs we are 

clarifying that the applicability 

determination for importers should be 

assessed separately from the 

applicability determination for 

exporters. In other words, the emissions 

from the quantity of GHGs imported 

should be calculated for comparison to 

the 25,000 metric tons CO2e threshold 

and separately the quantity of GHGs 

exported should be calculated for 

comparison to the 25,000 metric tons 

CO2e. Based on questions received from 

reporters during the 2010 reporting year, 

it was unclear if the quantity of imports 

and exports should be assessed 

separately, added together, or the net 

imports minus exports calculated for 

comparison to the threshold. Finally, we 

are clarifying in Table A–5 that coverage 

and the applicability determination for 

importers and exporters under subpart 

MM includes suppliers of natural gas 

liquids in addition to suppliers of 

petroleum products. The inclusion of 

natural gas liquids suppliers was clear 

in 40 CFR 98.2(a)(4) and subpart MM 

(40 CFR 98.390), however, it was 

inadvertently omitted from Table A–5. 

We are proposing to amend 40 CFR 

98.2(i)(3) to add a date by which owners 

and operators must notify EPA that they 

no longer need to submit an annual 

GHG report because their operations 

have changed such that all applicable 

GHG-emitting processes and operations 

cease to operate. 40 CFR 98.2(i) provides 

three instances where facilities or 

suppliers no longer need to report to 

EPA. In instances where facilities or 

suppliers report less than 25,000 metric 

tons carbon dioxide equivalent 

(mtCO2e) per year for 5 years, or less 

than 15,000 mtCO2e for 3 years, they are 

required to notify EPA by March 31 of 

the following year that they are no 

longer to report for the year after the 

year in which these conditions have 

been met. Similarly, the owner or 

operator is exempt from reporting in the 

years following the year in which 

cessation of such operations occurs, 

provided that the owner or operator 

submits a notification to the 

Administrator. However, the rule does 

not provide a date by which such 

notification be made. EPA is proposing 

that, similar to the requirements in 40 

CFR 98.2(i)(1) and (i)(2), owners or 

operators notify EPA by March 31 of the 

year following the reporting year in 

which such conditions have been met. 

In 40 CFR 98.3(c)(10) and in the 

definition of United State parent 

company(s) in 40 CFR 98.6, we are 

proposing to replace the term ‘‘reporting 

entity’’ with the term ‘‘facility or 

supplier.’’ Reporting entity has not 

typically been used in the GHGRP and 

for consistency across the individual 

subparts of the rule, we are proposing to 

use the term ‘‘facility or supplier’’ 

which in turn clarifies that the 

obligation is on the owner or operator of 

any such facility or supplier. This is 

consistent with the preamble to the rule 

that amended 40 CFR part 98 with 40 

CFR 98.3(c)(10), in which it is clear that 

‘‘reporting entity’’ means ‘‘facility or 

supplier’’ (see, for example, 75 FR 

57676). 

To address several requests for 

clarification received on the 

recordkeeping requirements, we are 

proposing to clarify that the 3-year 

requirement for retention of records 

starts from the date of submission of the 

annual GHG report for the reporting 

year in which the record was generated. 

This is as opposed to having the 3-year 

clock start on the day that the record 

was generated. The proposal, which is 

consistent with the Acid Rain Program, 

is in recognition of the fact that common 

practice is to retain all of the records for 

a single reporting year in a readily 

retrievable format, regardless if the 

record was generated on January 1st or 

December 31st of that reporting year. 

We are therefore proposing that the 

records be retained for 3 years from the 

data of submission of the applicable 

annual GHG report. 

In 40 CFR 98.3(c)(5)(ii) we are 

proposing to replace the use of the term 

‘‘emissions’’ with ‘‘quantities’’ when 

referring to the information reported 

under industrial GHG suppliers. This is 

consistent with efforts throughout the 

GHG Reporting Program to clarify that 

information reported for supplier 

categories do not necessarily reflect 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47398 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

emissions to the atmosphere, but rather 

‘‘quantities’’ that may be released if all 

of the supply were combusted or 

released. 

We are also proposing to correct an 

incorrect cross reference in 40 CFR 

98.4(m)(4) from (m)(2)(iv)(A) to 

(m)(2)(v)(A). 

B. Subpart W—Petroleum and Natural 

Gas Systems 

EPA is proposing several technical 

clarifications and amendments to 

subpart W to address issues raised 

during the first year of promulgation of 

the rule, as well as clarifications to 

specified provisions in the rule to 

ensure consistency across all subparts. 

In addition, several technical 

corrections are proposed to clarify 

provisions that were either erroneous or 

unclear to reporters. 

Definitions. EPA is proposing to 

amend the definition for gas well in 40 

CFR 98.238. The definition of gas well 

that was finalized in the rule, posed the 

question of whether or not gas wells that 

included any hydrocarbon condensate 

were also considered gas wells. The 

amendment clarifies the definition for 

gas well by stating that it includes gas 

wells that also produce natural gas 

including condensate. 

Threshold Clarifications. EPA is 

broadly including clarification to 

several throughput thresholds in 

subpart W in response to clarifications 

sought by reporters subject to the rule. 

We are proposing to amend the 

threshold in the definition of the source 

category for the onshore natural gas 

processing industry segment in 40 CFR 

98.230(a)(2). This definition includes a 

threshold provision, which states that 

all processing facilities that do not 

fractionate with a throughput per day of 

25 million standard cubic feet (MMscf) 

or greater are covered under the rule. 

Without a clarification on how the 25 

MMscf per day is to be determined, this 

provision resulted in confusion for 

reporters. Thus, we propose to amend 

the definition to state that the 25 MMscf 

per day throughput threshold is based 

on an annual average throughput that 

the reporter would use to determine if 

they are covered under this definition. 

Similarly, we are proposing to clarify 

that the throughput threshold for glycol 

dehydrators (40 CFR 98.233(e)(1) and 

(e)(2)) and onshore production storage 

tanks (40 CFR 98.233(j)(1),(j)(2),(j)(3) 

and (j)(4)) are also based on annual 

average throughput. These proposed 

amendments are described further in the 

Calculating Greenhouse Gas Emissions 

section below. 

Greenhouse Gases to Report. We are 

proposing to clarify in 40 CFR 98.232(d) 

that the greenhouse gases to be reported 

under the natural gas processing 

industry segment include nitrous oxide 

(N2O) emissions and not just CO2 and 

CH4 emissions. This proposed 

amendment will make 40 CFR 98.232(d) 

consistent with other provisions in the 

rule related to calculating GHG 

emissions from flare stacks. The rule in 

40 CFR 98.232(j) clearly states that you 

are required to report CO2, CH4 and N2O 

emissions for all flare stacks in all 

applicable industry segments and flare 

stacks are included to be reported in 

natural gas processing facilities 

(98.232(d)(6)). Finally, the calculation 

methodology for flare stack emissions 

includes the method for quantifying 

N2O emissions from these stacks (See 

section 98.233(n)(8)). This proposed 

clarification avoids confusion as to 

whether N2O emissions, which typically 

result from flaring activities, would 

need to be reported under this industry 

segment. 

In addition, we are proposing to 

clarify in 40 CFR 98.232(i) that CO2 and 

CH4 emissions are to be reported from 

the natural gas distribution industry 

segment. This clarification was 

necessary to ensure that the affected 

reporters are aware that these GHG’s are 

to be reported from this industry 

segment. 

Calculating Greenhouse Gas 

Emissions. We are proposing several 

clarifications, corrections, and 

amendments throughout 40 CFR 98.233. 

First, we are proposing to amend the 

definition for GHGi of Equation W–1 in 

40 CFR 98.233(a) which is used for 

calculating GHG emissions from natural 

gas pneumatic device venting. In 

specific, the definition for the parameter 

GHGi in Equation W–1 was incorrect in 

that it inferred that it applied to 

facilities listed in 40 CFR 98.230(a)(3) 

through (a)(8) when it actually only 

applies to the onshore production, 

natural gas transmission, and 

underground natural gas storage 

industry segments of subpart W. In 

addition, we are proposing to further 

amend the definition for parameter 

GHGi in Equation W–1 to clarify that 

GHGi should equal 0.952 for CH4 and 1 

X 10–3 for CO2 for facilities in 40 CFR 

98.230(a)(4) and (a)(5). Previously, this 

equation did not include any 

clarification of what the parameter GHGi

would be for methane and carbon 

dioxide and as a result confusion arose 

as to what values should be used for the 

natural gas transmission and 

underground natural gas storage 

industry segments. Further, for both 

Equation W–1, and W–2, of 40 CFR 

98.233, we are proposing to amend the 

definition for the parameter GHGi to 

include a reference to 40 CFR 

98.233(u)(2)(i) to clarify how and at 

what frequency GHGi is to be 

determined for produced natural gas 

from the onshore production industry 

segment. We are proposing these 

amendments to Equations W–1 and W– 

2, to clarify specific aspects of the 

parameter GHGi and how it applies to 

applicable industry segments and how it 

is to be determined to address lack of 

clarity on these aspects of the equation. 

Next, we are proposing amendments 

to 40 CFR 98.233(d) to clarify how the 

four different methods are to be used for 

determining GHG emissions from acid 

gas removal (AGR) vents. In many cases 

a reporter may have both a continuous 

emissions monitoring system (CEMS) or 

a vent meter available at their facility, 

and when reviewing the methods in 40 

CFR 98.233(d) in the final rule, the 

reporter would not be able to easily 

determine which method would apply 

when certain technologies are available. 

Thus, we are proposing to amend 40 

CFR 98.233(d)(2), (3) and (4) to clarify 

that if a facility has a vent meter but no 

CEMs available for determining the CO2

emissions from AGR units then they 

would use Calculation Methodology 2 

and if a facility has neither a CEMs in 

place or a vent meter in place, they have 

the option of using either Calculation 

Methodology 3 or 4 of 40 CFR 98.233(d). 

Next, we are proposing several 

amendments to 40 CFR 98.233(e) for 

calculating emissions from dehydrator 

vents. First, we are proposing to include 

minor non-substantive revisions to the 

citations in 40 CFR 98.233(e) and 

(e)(1)(xi)(C). Next we are proposing to 

fix an erroneous citation in 40 CFR 

98.233(e)(1)(xi) to correctly reference 40 

CFR 98.233(e)(1)(xi) instead of 40 CFR 

98.233(e)(2)(xi). Finally, we are 

proposing to amend 40 CFR 98.233(e)(1) 

and (e)(2) to clarify that the throughput 

threshold of 0.4 million standard cubic 

feet per day is to be determined using 

an annual average daily throughput. We 

are proposing to include this particular 

amendment to clarify to reporters how 

this throughput threshold is to be 

determined. 

We are proposing to amend 

engineering Equation W–8, which is 

used to calculate emissions from well 

venting for liquids unloading. First, we 

are proposing to amend the first 

sentence in 40 CFR 98.233(f)(2) to state 

that Calculation Methodology 2 is to be 

used to calculate the total emissions for 

well venting for liquids unloading 

whereas the rule previously stated that 

Calculation Methodology 2 was to be 

used to calculate emissions from each 

well venting for liquids unloading 

event. This clarification is in line with 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47399 

3Please see Response to Comment number EPA– 

HQ–OAR–2009–0923–1018–27 in Mandatory 

Greenhouse Gas Reporting Rule Subpart W— 

Petroleum and Natural Gas: EPA’s Response to 

Public Comments, Volume 8. This document can be 

found at http://www.epa.gov/climatechange/ 

emissions/downloads10/Subpart-W_RTC_part2.pdf. 

the equation in that the emissions from 

well venting for liquids unloading that 

have occurred in the year of data 

collection are to be summed and an 

annual value would result for all wells, 

as opposed to each well separately. 

We are proposing to amend Equation 

W–13 to include corrections and 

clarifications to the parameter 

definitions. First we are proposing to 

correct parameter Ea,n, EFwo, and Vf to 

state that they represent standard 

conditions and not actual conditions. 

Secondly, we are proposing a correction 

to the emission factor (EF) value in EFwo

that was based on actual conditions and 

should have been in standard 

conditions. This proposed change 

would result in the emissions factor 

value adjustment EFwo = 2,454 to 3,114 

standard cubic feet per workover. Next, 

we are proposing to revise the definition 

of Ea,n to Es,n to clarify that the annual 

natural gas emissions calculated are 

from a single gas well venting event and 

at standard conditions. Previously the 

rule stated that the Ea,n (now referred to 

as the Esn), represents emissions from 

gas well venting, which resulted in 

confusion as to whether this equation 

was to apply for gas well venting in 

previous years or to more than one gas 

well venting during the year of data 

collection. Finally, we are proposing to 

revise 40 CFR 98.233(h)(1). The rule 

states that the resulting emissions from 

Equation W–13 are to be converted into 

standard conditions. However, this 

should not be the case because Equation 

W–13 would already result in emissions 

in standard condition. As a result, we 

are proposing to include language in 40 

CFR 98.233(h)(1) that would reference 

paragraphs in subpart W that will 

convert the emissions from Equation W– 

13 into GHG volumetric and mass 

emissions. 

In Equation W–14 used for 

determining blowdown vent stacks 

emissions, we are proposing to clarify 

that the parameter Vv is the actual 

physical volume of the blowdown 

equipment and not the gas volume. It 

was always EPA’s intent that the 

physical volume between isolation 

valves be considered against the 50 

standard cubic feet threshold for 

blowdown vent stacks.3 EPA is also 

proposing to clarify the reporting 

requirements for blowdown vent stacks 

by stating that emissions are calculated 

per unique volume type and not 

equipment type. Equation W–14 in 40 

CFR 98.233(i) determines emissions on 

a unique volume basis; therefore, 

emissions should be reported as such. 

In addition, we are proposing to make 

amendments to equations and 

parameters dependant on CH4 and CO2

composition by making clarifications to 

the parameter, GHGs used to convert 

whole gas, total hydrocarbon, or 

methane emissions into volumetric or 

mass CO2, and CH4 emissions in 

Equations W–1, W–2, W–30, and W–31. 

In 40 CFR 98.233(j) we are proposing 

to clarify that the throughput threshold 

referenced in Calculation Methodologies 

1–4 is based on an annual average daily 

throughput of oil, whereas the rule gave 

no clarification as to what basis the oil 

throughput was based on, resulting in 

many questions from affected owners 

and operators on how this throughput 

threshold was to be determined. We are 

also proposing to correct an erroneous 

citation in 40 CFR 98.234(j)(1)(vii) and 

40 CFR 98.233(j)(2), which referenced 

citations that do not exist. In Equation 

W–15, where volumetric GHG emissions 

are determined from onshore 

production storage tanks, we are 

proposing to revise the equation by 

including a multiplier so the resulting 

emissions would be in the correct units. 

In addition, we are proposing to amend 

the definition for the EFi and count 

parameters to clarify that these 

parameters must be used for both gasliquid separators with throughput less 

than 10 barrels per day and wells with 

throughput less than 10 barrels per day 

sending liquids straight to a tank 

without going through any separator. 

The definition to equation W–15 in the 

2010 final rule could have been 

misinterpreted to apply only to 

instances where there was a separator at 

the well. The proposed clarification 

makes the definitions to Equation W–15 

consistent with the introduction to 40 

CFR 98.233(j)(5). 

In Equation W–16, we are proposing 

to amend the definition for the 

parameter En by first correcting the 

citation that erroneously included 40 

CFR 98.233(j)(3), which should not have 

been included because it references a 

methodology that is specific for wells 

that flow directly to storage tanks 

bypassing a wellhead separator. In 

addition, we are proposing to amend the 

definition for En by including a 

conversion factor that would result in 

the emissions being determined on a 

yearly basis as opposed to an hourly 

basis. In addition, we are proposing to 

delete the parameter Et in the equation 

as it is being accounted for in the 

revised equation and is no longer 

necessary. 

In 40 CFR 98.233(k) we are proposing 

the inclusion of minor revisions to 40 

CFR 98.233(k)(2) and (k)(4) to clarify 

that emissions to be calculated are 

annual emissions. In addition, we are 

proposing to revise 40 CFR 

98.233(k)(4)(i) by removing the 

reference to 40 CFR 98.233(j)(1) as this 

reference was incorrectly directed to the 

onshore production storage tank 

calculations where owners and 

operators could use a software program 

to determine flashing emissions which 

are not covered under the transmission 

storage tanks calculations. Finally, we 

are also proposing to revise 40 CFR 

98.233(k)(4)(ii) by clarifying that the 

flare stack calculations are to be used for 

emissions that are sent to a flare and not 

from a flare. The latter resulted in 

confusion from reporters as to what 

emissions they would be capturing by 

using the flare calculation 

methodologies. 

We are proposing to amend the 

provisions in 40 CFR 98.233(z) for 

determining combustion emissions from 

both the onshore petroleum and natural 

gas production and natural gas 

distribution industry segments. First, we 

are proposing to include an engineering 

equation to be used for determining CH4

emissions resulting from combustion of 

a fuel. The rule did not include a 

specific equation or methodology for 

determining the methane emissions 

from combustion of fuel, however, the 

provisions stated that both CH4 and CO2

emissions were to be calculated from 

the combustion of fuel. In addition, we 

are proposing to amend the equation 

used to calculate CO2 emissions by 

including a combustion efficiency 

parameter. 

We are proposing to clarify that 40 

CFR 98.233(z)(6), calculation of N2O 

emissions from stationary combustion, 

applies only to units combusting field 

gas or process vent gas. Units 

combusting other fuels listed in Table 

C–1 would estimate N2O (and CH4) 

emissions using the appropriate Tier 1 

equations in subpart C. We have 

reorganized section 98.233(z)(6) to 

incorporate this proposed amendment. 

We are proposing to amend Equation 

W–40 to account for an incorrect 

exponent on the conversion factor from 

kilograms to metric tons. Without 

making this change to the rule, the 

emissions would have resulted in an 

incorrect calculation of emissions. 

We are also proposing to revise 

equation W–41 to insert missing 

variables a and b from the equation. 

Without including the missing 

variables, equation 41 would lack clarity 

and be unusable. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47400 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

Emission Factor Tables. We are 

proposing to revise the emission factors 

for high bleed, low bleed, and 

intermittent bleed pneumatic devices to 

correct for an error where the original 

emission factors were on a CH4 basis 

and should have been adjusted to 

account for the total hydrocarbon basis 

as noted in equation. These proposed 

revisions would apply to Table W–3 and 

Table W–4. 

Other Technical Corrections. EPA is 

proposing to clarify in 40 CFR 

98.236(c)(6)(ii)(B) that only the number 

of workovers with hydraulic fracturing 

that vent gas to the atmosphere or flare 

gas needs to be reported. The current 

rule language could suggest you must 

report on the total number of workovers 

per year, including those that don’t 

involve hydraulic fracture and those 

that do not vent gas to the atmosphere. 

It came to EPA’s attention that the 

density parameter in Equation W–36 

was calculated incorrectly. EPA 

proposes correcting these parameters to 

0.0520 kg/ft3 for CO2 and N2O, and 

0.0190 kilograms per square foot (kg/ft3) 

for CH4 at 68° F and 14.7 pounds per 

square inch absolute (psia). 

C. Subpart FF—Underground Coal 

Mines 

Proposed changes to Subpart A. We 

are proposing to amend Table A–3 to 

subpart A of part 98. According to Table 

A–3 to subpart A of part 98, all 

underground coal mines that are subject 

to quarterly or more frequent sampling 

by MSHA of ventilation systems 

(subpart FF) must report, regardless of 

size. 

This threshold was based on EPA’s 

understanding that quarterly sampling 

by MSHA was only done at the largest, 

gassiest mines, defined as those emitting 

more than 100,000 actual cubic feet (acf) 

CH4 per day. For example, the proposal 

preamble states, 

‘‘We propose that all active underground 

coal mines for which CH4 from the 

ventilation system is sampled quarterly by 

MSHA (or on a more frequent basis), are 

required to report under this rule. MSHA 

conducts quarterly testing of CH4

concentration and flow at mines emitting 

more than 100,000 cf CH4 per day. We 

selected this threshold because subjecting 

underground mine operators to a new 

emissions-based threshold is unnecessarily 

burdensome, as many of these mines are 

already subject to MSHA regulations. The 

MSHA threshold for reporting of 100,000 cf 

CH4 per day covers approximately 94 percent 

of the CH4 emitted from underground coal 

mine ventilation systems and about 86 

percent of total emissions from underground 

mining (including stationary fuel combustion 

emissions at mine sites, as shown in Table 

FF–1 of this preamble).’’ 

In the proposal preamble, we 

estimated that this threshold covers 

only about 128 of the estimated 612 

active underground mines in the United 

States (74 FR 16553). Although it was 

not evident in reviewing the public 

comments received on the proposed 

subpart FF, since finalization we have 

learned that the threshold was based on 

an incorrect understanding that MSHA 

only samples quarterly at mines 

liberating 100,000 acf of CH4 or more 

per day. 

If the current regulatory threshold is 

retained, all mines would be required to 

report. This would add nearly 500 

mines to the number previously 

expected to report, but these 500 mines 

would represent only another 14 

percent of the total GHG emissions from 

underground coal mines. EPA is 

reviewing ways to address this and 

ensure that the threshold in the rule 

reflects EPA’s longstanding intent to 

capture the gassiest mines that are 

responsible for the majority of emissions 

from underground coal mines in the 

United States. 

We are proposing to amend the 

language so that mines liberating 

36,500,000 acf of CH4 or more per year 

from their ventilation systems are 

subject to the rule. This capacity 

threshold (equivalent to an average of 

100,000 acf of CH4 or more per day) may 

be more easily identifiable for the coal 

industry, is consistent with our original 

intent in terms of coverage, and removes 

reporting requirement for the 

approximately 500 mines. 

We considered but are not proposing, 

a threshold of 15,000 metric tons CO2e 

per year. This threshold would also be 

consistent with our original intent in 

terms of coverage and it would remove 

the reporting requirement for the 

approximately 500 mines. However, it 

would be less familiar to industry than 

the roughly equivalent threshold of 

36,500,000 acf of CH4 or more per year. 

Equations FF–1 and FF–3. We are 

proposing the following technical 

amendments to Equations FF–1 and FF– 

3 in 40 CFR 98.323. 

We propose to amend 40 CFR 

98.324(a) and 98.324(b) to specify that 

variables ‘‘V,’’ ‘‘MCF,’’ ‘‘C,’’ ‘‘T,’’ and 

‘‘P’’ are not ‘‘daily’’ rates. We are also 

proposing to edit the units of ‘‘V’’ to cfm 

from scfm and to revise the units for 

‘‘C’’ to read ‘‘%’’ to allow for the use of 

‘‘C’’ on a dry basis. 

Sampling for pressure. We propose to 

amend FF–1 to allow facilities to use the 

annual average barometric pressure 

from the nearest NOAA weather service 

station as a default to measuring 

ventilation system pressure. According 

to MSHA, approved equipment to 

conduct pressure measurements is not 

readily available in the United States. 

Sampling for moisture content. We 

received numerous questions regarding 

the placement of timing of sampling for 

moisture content. We are proposing to 

add a paragraph (d) to 40 CFR 98.324 to 

specify that when flow and 

concentration are measured on different 

bases, moisture content is measured at 

the location of the flow meter at least 

weekly if using CEMS, and at the 

location and time of the grab sample, if 

using grab samples. 

Additionally, we received numerous 

inquiries about how reporters are to 

measure for moisture content, and 

asking whether measurements were 

really necessary because no moisture 

content measurement requirements are 

in 40 CFR 98.324. To clarify how and 

when reporters are to measure for 

moisture content, we are proposing to 

amend 40 CFR 98.323 and 98.324 to 

include reference to calibration and 

documentation of procedures for 

moisture content monitors. These 

proposed amendments clarify that the 

moisture content is to be based on 

measurement values and not assumed 

moisture content values. In related 

amendments, we are proposing to 

amend 40 CFR 98.326(o) to clarify the 

reporting requirements for temperature, 

pressure, and moisture content 

measurements. Together, the proposed 

amendments to Equations FF–1 and FF– 

3 and 40 CFR 98.324 would clarify that 

moisture content need only be 

determined when the concentration and 

flow measurements are made on 

different basis (one wet and one dry) 

and that, if needed, the moisture content 

must be measured. 

MSHA data. We received numerous 

comments on the use of MSHA data to 

calculate emissions. MSHA samples 

volume and concentration of methane, 

but does not collect data on 

temperature, pressure, and moisture 

content, which are required inputs for 

the equations in this subpart. To allow 

facilities to use MSHA data, we propose 

to amend 40 CFR 98.324(b)(2) to clarify 

that temperature and moisture content 

must be sampled at the same time and 

location as the MSHA samples, and that 

for pressure, facilities must use either a 

measured value or the average annual 

barometric pressure from the nearest 

NOAA weather service station. 

Monitoring equipment. We propose to 

amend 40 CFR 98.324(g) to include the 

use of infrared and flame ionization 

analyzers with the provision that they 

are calibrated annually using 

measurements made by gas 

chromatography methods. The infrared 

and flame ionization analyzers are 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47401 

frequently used by the coal mining 

industry and they are often more 

familiar with their calibration and 

operation. 

We propose to amend 40 CFR 

98.324(f) for consistency with the types 

of monitoring equipment required. We 

propose to replace references to ‘‘fuel 

flow meters’’ with ‘‘flow meters,’’ 

because the gas that is measured may or 

may not be used as a fuel. We also 

propose to delete references to ‘‘heating 

value monitors,’’ and ‘‘sour gas flow 

meters’’ because these monitors and 

meters are not required. 

D. Subpart II—Industrial Wastewater 

Treatment 

We are proposing clarifying 

amendments and technical corrections 

to subpart II to address questions EPA 

has received about the rule’s 

requirements, as well as to clarify 

terminology. 

We are proposing to amend 40 CFR 

98.352(d) to replace the term ‘‘landfill 

gas’’ with ‘‘biogas’’ to correct a 

typographical error. 

We are proposing to amend the 

definitions of the terms for ‘‘Tm’’ and 

‘‘Pm’’ in Equation II–4 to refer to 

‘‘average temperature’’ and ‘‘average 

pressure’’ to clarify how reporters 

should use the multiple temperature 

and pressure measurements that they 

may make during a measurement 

period. We are also proposing to amend 

these definitions to clarify how the 

calculation should be adjusted if the 

flow rate meter automatically corrects 

for temperature and pressure. 

We are proposing to amend 40 CFR 

98.353(c)(2)(ii), 40 CFR 

98.353(c)(2)(iii)(A) and (B), and 40 CFR 

98.354(c) and (d) to replace ‘‘once each 

calendar week, with at least three days 

between measurements’’ with ‘‘at least 

once each calendar week; if only one 

measurement is made each calendar 

week, there must be at least three days 

between measurements,’’ to clarify what 

is meant by weekly sampling. 

We are proposing to amend Equation 

II–6 of 40 CFR 98.353 to correct an error 

in the placement of brackets and 

parentheses. This amendment will 

eliminate the possibility that the 

equation will return incorrect quantities 

of methane emissions. We are also 

proposing to amend the units in the 

definition of CH4En under Equation II– 

6 to clarify that the annual quantity 

should be reported in ‘‘metric tons’’ not 

‘‘metric tons/yr.’’ 

We are proposing to amend 40 CFR 

98.353(c) to reorder the text to clarify 

that continuous gas flow monitoring is 

required for each anaerobic sludge 

digester, anaerobic reactor, or anaerobic 

lagoon from which some biogas is 

recovered; and to clarify that the 

continuous gas flow measurements must 

be used to determine cumulative gas 

production each week. We are also 

proposing to amend 40 CFR 98.353(c)(1) 

to replace the term ‘‘content’’ with the 

term ‘‘quantity’’ to clarify that fully 

integrated systems report CH4 quantity 

which accounts for both CH4

concentration and biogas flow. 

We are proposing to amend 40 CFR 

98.354(f) by dividing it into 

subparagraphs and by deleting an 

incorrect cross reference, to clarify the 

monitoring requirements for anaerobic 

sludge digester, anaerobic reactor, or 

anaerobic lagoon from which some 

biogas is recovered. 

We are proposing to amend 40 CFR 

98.356(a) by replacing the term 

’’explain’’ with ‘‘indicate’’ to provide 

guidance to reporters about the 

information they should include in the 

description or diagram of their 

wastewater treatment system. We are 

also proposing to replace the term ‘‘all 

anaerobic lagoons’’ with ‘‘each 

anaerobic lagoon’’ to clarify that 

reporters should provide the average 

depth of each lagoon, not the average of 

all lagoons. 

We are proposing to amend 40 CFR 

98.356(b)(3) and (4) to clarify that the 

values for ‘‘Bo’’ and ‘‘MCF,’’ that are 

used as inputs to Equation II–1 or II–2, 

are to be taken from Table II–1. We are 

also proposing to amend 40 CFR 

98.356(d)(2) by replacing the text 

‘‘Cumulative volumetric biogas flow for 

each week’’ with ‘‘Total weekly 

volumetric biogas flow for each week 

(up to 52 weeks/year)’’ to clarify that 

reporters should provide the total gas 

recovered for the week, for up to 52 

weeks per year. 

We are proposing to amend subpart II 

(Industrial Wastewater Treatment) (40 

CFR 98.350 to 40 CFR 98.358) in 

multiple places, replacing the term 

‘‘anaerobic digester’’ with ‘‘anaerobic 

sludge digester’’ to clarify the test refers 

to the anaerobic process defined in 40 

CFR 98.350(b)(2); and to replace the 

term ‘‘gas’’ with ‘‘biogas’’ to clarify the 

gas referred to is the biogas defined in 

40 CFR 98.358. 

E. Subpart OO—Suppliers of Industrial 

Greenhouse Gases 

We are proposing to amend subpart 

OO to require that the data currently 

reported under 40 CFR 98.416(a)(8) and 

(9) be kept as a record rather than 

reported. We are also proposing to make 

a corresponding revision to 40 CFR 

98.416(a)(10). 

Section 98.416(a)(8) requires that 

fluorinated GHG and nitrous oxide 

production facilities report the total 

mass in metric tons of each reactant fed 

into the F–GHG or nitrous oxide 

production process, by process; and 

section 98.416(a)(9) requires that 

fluorinated GHG and nitrous oxide 

production facilities report the total 

mass in metric tons of the reactants, byproducts, and other wastes permanently 

removed from the F–GHG or nitrous 

oxide production process, by process. 

Although these data elements do not, in 

themselves, represent additions to or 

subtractions from the U.S. supply of 

industrial GHGs, we required reporting 

of these data elements in the October 30, 

2009, Mandatory GHG Reporting Rule to 

facilitate verification of production 

levels through a material balance. (For 

more discussion of that decision, see 

page 26 of the Mandatory Greenhouse 

Gas Reporting Rule: EPA’s Response to 

Public Comments, Volume No. 40, 

Subpart OO—Suppliers of Industrial 

Greenhouse Gases.) 

We are now proposing to require 

recordkeeping, rather than reporting, of 

these data elements. After additional 

consideration, we have concluded that 

these data elements, by themselves, 

have somewhat limited usefulness for 

verifying production levels because the 

relationship between the masses of the 

reactants fed into the process, the mass 

of the nitrous oxide or fluorinated GHG 

product, and the mass of the reactants, 

by-products, and other wastes 

permanently removed from the process 

can vary. For example, if catalysts are 

added to the process and subsequently 

removed from it, the sum of the masses 

of the product and the materials 

removed from the process may exceed 

the sum of the masses of the reactants 

fed into the process. On the other hand, 

if by-products or other materials are 

emitted from the process, e.g., through 

fugitive emissions, the sum of the 

masses of the reactants may exceed the 

sum of the masses of the product and 

the materials removed from the process. 

Finally, the accuracies and precisions of 

the various instruments used to measure 

the masses of the reactants fed into the 

process, the mass of the nitrous oxide or 

fluorinated GHG produced, and the 

masses of the materials permanently 

removed from the process may all vary, 

further complicating comparisons 

among these quantities. Retention of 

these data as records would permit onsite verification of production as part of 

the audit process, which would have the 

benefit of permitting consideration of 

other production process information 

(e.g., the use of catalysts) in making 

comparisons among the inputs and 

outputs of the production process. We 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47402 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

4Note that if a fluorinated GHG is produced and 

transformed at the same facility, neither its 

production nor its transformation are required to be 

reported under subpart OO. 

5See Section II.B.4 of preamble to the final 

Subpart RR rule (75 FR 75065, December 1, 2010). 

estimate that approximately 20 facilities 

produce fluorinated GHGs or nitrous 

oxide in the U.S., making on-site 

verification a practicable option for 

subpart OO. 

We are also proposing to revise 

§ 98.416(a)(10) by removing the 

introductory qualifier. In its entirety, the 

provision currently reads, ‘‘For 

transformation processes that do not 

produce an F–GHG or nitrous oxide, 

mass in metric tons of any fluorinated 

GHG or nitrous oxide fed into the 

transformation process, by process.’’ 

The phrase ‘‘for transformation 

processes that do not produce an F– 

GHG or nitrous oxide’’ was intended to 

prevent double-reporting between this 

provision and § 98.416(a)(8), which 

requires reporting of the mass of each 

reactant fed into the fluorinated GHG or 

nitrous oxide production process. (In 

the case where one fluorinated GHG was 

transformed into another, the first 

fluorinated GHG would be one of the 

reactants fed into the process and would 

therefore be reported under (a)(8).) With 

the proposed removal of § 98.416 (a)(8), 

the introductory qualifier in 

§ 98.416(a)(10) must be removed to 

ensure that the quantities of fluorinated 

GHGs fed into all transformation 

processes, including transformation 

processes that produce other fluorinated 

GHGs, will be reported under subpart 

OO.4

F. Subpart RR—Geologic Sequestration 

of Carbon Dioxide 

We are proposing clarifying 

amendments and technical corrections 

to subpart RR to correct known errors. 

Accounting for CO2 Entrained in 

Produced Water. We are proposing to 

clarify 40 CFR 98.443(d) to ensure that 

CO2 entrained in produced water that is 

not processed through a gas-liquid 

separator is accounted for in the mass 

balance equation. We intended that CO2

content in all produced liquids would 

be determined,5 and assumed that all 

produced liquids would be processed 

through a gas-liquid separator. The text 

in 40 CFR 98.443(d), and the associated 

equations (Equations RR–7, RR–8, and 

RR–9) are based on measurements made 

at a separator to calculate the amount of 

CO2 in produced fluids. However, EPA 

has recognized that in some situations, 

including water removed for pressure 

relief or reservoir maintenance, fluids 

may be removed from the subsurface 

without being processed through a 

separator. The current text and 

equations would not account for CO2 in 

water that is withdrawn from the 

subsurface and reinjected or disposed 

without going through a separator. 

To address this issue, we propose 

adding a new sentence to 40 CFR 

98.443(d) to specifically account for any 

CO2 in fluids that are produced and not 

processed through a separator. We also 

propose adding a new sentence to 40 

CFR 98.443(d)(3) to clarify that the 

reporter must include additional 

information regarding the measurement 

methods used to determine the 

concentration of CO2 in fluids, and a 

discussion of how the amount of 

produced CO2 would be determined, in 

the monitoring, reporting and 

verification (MRV) plan. In the MRV 

plan, the reporter would describe the 

disposition of the produced water 

(reinjected into another zone, reused, or 

otherwise disposed) and provide 

justification for determining whether 

the CO2 entrained in the water is 

sequestered. The MRV plan would also 

describe considerations the reporter 

intends to use to calculate CO2 from 

produced water for the mass balance 

equation. 

CO2 Emissions from Equipment Leaks 

and Vented Emissions of CO2. We are 

proposing to revise the term ‘‘CO2

equipment leakage and vented CO2

emissions’’ throughout subpart RR with 

the term ‘‘CO2 emissions from 

equipment leaks and vented emissions 

of CO2.’’ This change is proposed to 

ensure consistency with the terminology 

that is used in 40 CFR part 98 subpart 

W and to more accurately describe the 

equipment between flow meters and 

wellheads for which monitoring 

requirements are specified in subpart 

RR. Specifically, we are proposing the 

following changes: 

• At 40 CFR 98.442(e) and 98.442(f), 

revise the term ‘‘Mass of CO2 equipment 

leakage and vented CO2 emissions’’ to 

read ‘‘Mass of CO2 emissions from 

equipment leaks and vented emissions 

of CO2.’’ 

• In Equations RR–11 and RR–12 at 

40 CFR 98.443, revise the term ‘‘Total 

annual CO2 mass emitted (metric tons) 

as equipment leakage or vented 

emissions’’ to read ‘‘Total annual CO2

mass emitted (metric tons) from 

equipment leaks and vented emissions 

of CO2.’’ 

• At 40 CFR 98.444(d), revise the 

heading ‘‘CO2 equipment leakage and 

vented CO2 emissions’’ to read ‘‘CO2

emissions from equipment leaks and 

vented emissions of CO2.’’ 

• At 40 CFR 98.445(e), revise the term 

‘‘CO2 equipment leakage or vented CO2

emissions to read ‘‘CO2 emissions from 

equipment leaks and vented emissions 

of CO2.’’ 

• At the introductory text of 40 CFR 

98.446(f)(3), revise the term ‘‘CO2

equipment leakage and vented CO2

emissions’’ to read ‘‘CO2 emissions from 

equipment leaks and vented emissions 

of CO2.’’ 

• At 40 CFR 98.446(f)(3)(i) and 

98.446(f)(3)(ii), revise the term ‘‘mass of 

CO2 emitted (in metric tons) annually as 

equipment leakage or vented emissions’’ 

to read ‘‘mass of CO2 emitted (in metric 

tons) annually from equipment leaks 

and vented emissions of CO2.’’ 

• At 40 CFR 98.447(a)(5) and 

98.447(a)(6), revise the term ‘‘CO2

emitted as equipment leakage or vented 

emissions’’ to read ‘‘CO2 emitted from 

equipment leaks and vented emissions 

of CO2.’’ 

• At 40 CFR 98.448(a)(5), revise the 

term ‘‘considerations for calculating 

equipment leakage and vented 

emissions’’ to read ‘‘considerations for 

calculating CO2 emissions from 

equipment leaks and vented emissions 

of CO2.’’ 

Other Technical Corrections. We are 

proposing to amend a cross reference in 

the introductory language of 40 CFR 

98.446(a)(2) and 40 CFR 98.446(a)(3). 

The incorrect references refer the reader 

to 40 CFR 98.446(a)(5), but should refer 

the reader 40 CFR 98.446(a)(4). We are 

also proposing to amend a cross 

reference at 40 CFR 98.446(f)(1)(vii). 

The incorrect reference refers the reader 

to 40 CFR 98.446(f)(1)(i), but should 

refer the reader to 40 CFR 

98.446(f)(1)(ii). 

We are proposing to revise the data 

reporting element at 40 CFR 98.446(e) 

and the introductory text at 40 CFR 

98.446(f). As currently written, it is 

ambiguous when reporters would report 

total amount sequestered. We are 

proposing that the revised data 

reporting element at 40 98.446(e) read as 

follows: ‘‘Report the date that you began 

collecting data for calculating total 

amount sequestered according to 

§ 98.448(a)(7) of this subpart’’. We are 

proposing that the revised introductory 

text at 40 CFR 98.446(f) read as follows: 

‘‘Report the following. If the date 

specified in paragraph (e) of this section 

is during the reporting year for this 

annual report, report the following 

starting on the date specified in 

paragraph (e) of this section.’’ 

We are proposing to revise the 

heading of 40 CFR 98.448(e) to correct 

a typographical error. The text of 40 

CFR 98.448(e) refers to requirements for 

revised MRV plans, but the heading is 

incorrectly labeled as ‘‘Final MRV 

plan.’’ We propose to revise the heading 

to read ‘‘Revised MRV plan.’’ 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47403 

We are proposing to revise the 

definition of ‘‘CO2 received’’ at 40 CFR 

98.449 to correct a typographical error 

by adding the word ‘‘means’’ after the 

CO2 received defined term. The 

definition would read ‘‘CO2 received 

means the CO2 stream that you receive 

to be injected for the first time into a 

well on your facility that is covered by 

this subpart. CO2 received includes, but 

is not limited to, a CO2 stream from a 

production process unit inside your 

facility and a CO2 stream that was 

injected into a well on another facility, 

removed from a discontinued enhanced 

oil or natural gas or other production 

well, and transferred to your facility.’’ 

G. Subpart TT—Industrial Waste 

Landfills 

Numerous clarifying amendments and 

technical corrections are proposed to 

subpart TT to address questions EPA 

has received about the rule’s 

requirements and to correct known 

errors. Technical amendments to the 

rule are also proposed to address some 

additional questions. These more 

substantive technical amendments are 

discussed first, and then the clarifying 

amendments are presented. 

Determining Waste-specific DOC 

values for Closed Landfills. We are 

proposing to amend 40 CFR 98.464 by 

adding a new paragraph (c) to provide 

methodologies for closed landfills or 

active landfills that have stopped 

accepting certain types of wastes to 

determine the volatile solids 

concentration (for exemption purposes 

under 40 CFR 98.460(c)(2)(xii)) or to 

determine the waste-specific DOC 

values for historically disposed waste 

streams. The proposed provisions 

would allow landfills to identify waste 

streams similar to those that had been 

historically placed in the landfill, 

measure the volatile solids 

concentration of these ‘‘similar’’ waste 

streams, and use those measured values 

to assess the applicability of the 

exemption under 40 CFR 

98.460(c)(2)(xii) or to determine the 

average DOC value for the historical 

waste streams. The proposed provisions 

also allow use of process knowledge to 

determine the volatile solids 

concentration and, if needed, to 

calculate the corresponding DOC value 

if a similar waste stream cannot be 

identified. 

This provision is being proposed to 

allow industrial waste landfill owners 

and operators a means by which to 

develop volatile solids concentration 

and site-specific DOC values for 

historically disposed waste streams. The 

site-specific DOC values will in turn 

improve the accuracy of the modeled 

methane generation. The July 12, 2010, 

final rule had no provisions by which 

waste streams that were not disposed of 

in the landfill during the first reporting 

year could be assessed. These waste 

streams would be required to use the 

default DOC values, which have a 

higher degree of uncertainty. Facilities 

may still elect to use the default DOC 

values, but proposed amendments 

provide methodologies for developing 

site-specific DOC values for these 

‘‘historically-disposed’’ waste streams. 

We are also proposing to amend 40 

CFR 98.467 to clarify that records must 

be retained for the volatile solids 

concentration determinations, including 

determinations using process 

knowledge. 

Equations for Determining Volatile 

Solids and DOC Values. We are 

proposing to delete Equation TT–7 and 

amend Equation TT–8 to 40 CFR 98.464 

to correct inadvertent errors in these 

equations. These equations as presented 

in the July 12, 2010, final rule were 

incorrect because the volatile solids 

concentration was expected to have 

units of mass of volatile solids per mass 

of (wet) waste. However, per Standard 

Method 2540G ‘‘Total, Fixed, and 

Volatile Solids in Solid and Semisolid 

Samples,’’ the volatile solids 

concentration is determined on a dry 

basis (milligram (mg) volatile solids per 

mg dried solids). As such, Standard 

Method 2540G provides the volatile 

solids concentration in the appropriate 

units needed for 40 CFR 98.464(b)(3), 

and Equation TT–7 in the final rule can 

be deleted. Additionally, we propose to 

amend 40 CFR 98.464(b)(4) to correct 

the errors in Equation TT–8 (which is 

proposed to be renumbered as Equation 

TT–7) and to clarify the units of the 

variables used in the equation. 

We are revising the variable ‘‘F’’ in 

Equation TT–1 and new Equation TT– 

7 (which was Equation TT–8) to correct 

the measured CH4 concentration for zero 

percent oxygen. We are proposing to 

change ‘‘Fx’’ to be ‘‘F’’ in Equation TT– 

1 because this parameter should be a 

fixed value for a given reporting year 

and revising the definition of ‘‘F’’ to be 

‘‘Fraction by volume of CH4 in landfill 

gas (fraction, dry basis, corrected to 0% 

oxygen). If you have a gas collection 

system, use the annual average CH4

concentration from measurement data 

for the current reporting year; otherwise, 

use the default value of 0.5’’ to clarify 

that, if a measured value of CH4

concentration is used it should be based 

on measurements made during the 

reporting year and the volume fraction 

should be adjusted to 0 percent oxygen 

for use in Equation TT–1. 

In addition, we are proposing to add 

a new paragraph (g) in 40 CFR 98.464 

and a new Equation TT–8 to provide 

guidance on how to correct the 

measured CH4 concentration for zero 

percent oxygen in order to arrive at an 

appropriate value for F in the case of air 

infiltration into the landfill gas at the 

monitoring location. 

Provisions for Actively Aerated 

Landfills and Other Amendments To 

Conform with Amendments to subpart 

HH. Similar to amendments that were 

made to subpart HH (Municipal Solid 

Waste Landfills), we propose to amend 

the definition of the methane correction 

factor (MCF) to allow landfills with 

active aeration units to use an MCF 

value other than the default value of 1. 

For landfills with active aeration units, 

a site-specific MCF can be developed 

based on the amount of aeration and the 

fraction of the landfill that is actively 

aerated. Owners and operators of 

landfills with active aeration can use the 

default MCF factor of 1 or they may 

elect to develop a site-specific MCF 

value. The owner or operator of the 

industrial waste landfill must document 

the basis for the alternative MCF value; 

in no cases can an MCF value less than 

0.5 be used. These amendments are 

being proposed because the default MCF 

value of 1 is expected to overestimate 

the modeled methane generation at a 

facility that actively aerates the waste in 

the landfill. Additionally, we propose to 

add 40 CFR 98.466(d)(4) to require 

reporting of the MCF value and the basis 

for using an MCF value other than the 

default value of 1. 

We are proposing to define the term 

‘‘construction and demolition waste 

landfills’’ as defined in subpart HH and 

use that term rather than ‘‘dedicated 

construction and demolition waste 

landfills.’’ 

We are also proposing to revise the 

footnote to Table TT–1 to subpart TT of 

part 98 to clarify that leachate 

recirculation rates can be determined 

from company records or engineering 

estimates and that the owner or operator 

of a landfill that uses leachate 

recirculation may elect to use the k 

value for the wet climate rather than 

calculating the leachate recirculation 

rate. These amendments provide 

improved consistency between the 

reporting requirements for municipal 

and industrial waste landfills. 

Other Technical Corrections. We are 

proposing other technical corrections 

for subpart TT to correct typographical 

errors, to correct equations, and to 

provide minor clarifications. These 

proposed corrections are summarized 

below: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47404 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

• In 40 CFR 98.460(c)(2)(i), replacing 

‘‘Coal combustion residue (e.g., fly ash)’’ 

with ‘‘Coal combustion or incinerator 

ash (e.g., fly ash)’’ to better describe our 

intent to classify all combustion ash 

products as inert. 

• In 40 CFR 98.463(a)(1): 

—Revising the definition of GCH4 to 

delete the word ‘‘rate’’ because the 

units of the modeled methane 

generation is metric tons. 

—Revising the definition of DOCx from 

‘‘degradable organic carbon for year X 

* * *’’ to be ‘‘degradable organic 

carbon for waste disposed in year X 

* * *’’ for clarity. 

• In 40 CFR 98.463(a)(2): 

—Revising ‘‘January 1, 1980’’ to be 

‘‘January 1, 1960’’ in both places to 

correct an inadvertent error. 

—Replacing the term ‘‘first emissions 

monitoring year’’ with ‘‘first 

emissions reporting year’’ to improve 

consistency with the terminology 

used in other sections of subpart TT. 

• In 40 CFR 98.463(a)(2)(ii)(C): 

—Deleting the phrase ‘‘fixed average 

annual bulk waste disposal quantity 

for each year for which historic 

disposal quantity and’’ in the 

paragraph text and adding to the 

definition of WX ‘‘This annual bulk 

waste disposal quantity applies for all 

years from ‘YrOpen’ to ‘YrData’ 

inclusive’’ to clarify that the value 

calculated by Equation TT–4 applies 

for all years from ‘‘YrOpen’’ to 

‘‘YrData’’ inclusive. 

—Revising the definition of LFC and 

YrData to allow closed landfills that 

have some measurement data to 

appropriately calculate WX only for 

years for which the closed landfill 

does not have waste disposal data 

available from company records or 

from Equation TT–3. 

• In 40 CFR 98.464(b), replacing ‘‘For 

each waste stream for which you choose 

to determine * * *’’ with ‘‘For each 

waste stream received during the 

reporting year for which you choose to 

determine * * *’’ for clarity given the 

addition of 40 CFR 98.464(c). 

• In 40 CFR 98.464(b)(1), adding the 

parenthetical ‘‘(as received at the 

landfill)’’ to clarify that the 

representative sample of each waste 

stream was to be determined ‘‘as 

received at that landfill’’ (as opposed to 

sampling waste in ‘‘closed’’ sections of 

the landfill) and for clarity given the 

addition of 40 CFR 98.464(c). 

• In 40 CFR 98.466(b), replacing 

‘‘Report the following waste 

characterization information:’’ with 

‘‘Report the following waste 

characterization and modeling 

information:’’ to better describe the 

reporting elements included in this 

paragraph. 

• Moving paragraphs 40 CFR 

98.466(d)(3) and (4) to 98.466(b)(3) and 

(4) because these reporting elements are 

based on reporting year practices and do 

not need to be separately reported for 

each year or used in the summation for 

Equation TT–1. Also, to clarify that the 

fraction of CH4 in the landfill gas, F, 

should be based on CH4 concentration 

corrected to 0% oxygen. 

• In 40 CFR 98.466(b)(2), adding 

‘‘* * * for which Equation TT–1 of this 

subpart is used to calculate modeled 

CH4 generation’’ to clarify that only 

descriptions of waste streams disposed 

of in the landfill and used in Equation 

TT–1 must be reported (as opposed to 

all wastes managed on-site regardless of 

whether the waste in managed in the 

landfill). 

• In 40 CFR 98.466(c)(3)(ii), replacing 

‘‘The year, the waste disposal quantity 

and production quantity for each year 

Equation TT–2 applies’’ with ‘‘The year, 

the waste disposal quantity and 

production quantity for each year used 

in Equation TT–2 of this subpart to 

calculate the average waste disposal 

factor (WDF)’’ to clarify that these data 

are to be reported for the years used to 

calculate WDF, not the years for which 

WDF was subsequently used to 

calculate waste quantities. 

• In 40 CFR 98.466(d), adding the 

phase ‘‘and each year thereafter up’’ so 

that the paragraph reads ‘‘For each year 

of landfilling starting with the ‘‘Start 

Year’’ (S) and each year thereafter up to 

the current reporting year, report the 

following information:’’ to clarify that 

the reporting elements must be reported 

separately for each year. 

• Adding a new paragraph 40 CFR 

98.466(d)(1) to read ‘‘The calendar year 

for which following data elements 

apply’’ to ensure the calendar year is 

also reported. Renumber existing 

paragraphs 98.466(d)(1) and (2) to (d)(2) 

and (3) and add the phrase ‘‘for the 

specified year’’ to ensure the data 

elements are reported with specified 

year in the new paragraph 98.466(d)(1). 

• In 40 CFR 98.466(f), deleting the 

word ‘‘rate’’ to conform with revised 

definition of term and replace it with 

‘‘(GCH4)’’ to clarify this is the equation 

term to be reported. 

• In 40 CFR 98.466(f), adding ‘‘(MG)’’ 

after ‘‘methane generation’’ to improve 

clarity and replace ‘‘Equation TT–5’’ 

with ‘‘Equation TT–6’’ to correct an 

improper equation cross-reference. 

• In 40 CFR 98.468, adding the 

definition of ‘‘design capacity’’ to clarify 

what is meant by this term as it is used 

in 40 CFR 98.460. The definition is 

similar to 40 CFR 60.751 (Standards of 

Performance for Municipal Solid Waste 

Landfills). 

• In Table TT–1, amending the 

default value of construction and 

demolition waste from 0.04 to 0.08 to 

correct an inadvertent error. 

• In Table TT–1, revising the 

description of the waste type ‘‘Inert 

Waste’’ to read ‘‘Inert Waste [i.e., wastes 

listed in 40 CFR 98.460(c)(2)]’’ to correct 

an incorrect cross-reference. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. These 

proposed amendments do not make any 

substantive changes to the reporting 

requirements in any of the subparts for 

which amendments are being proposed. 

In many cases, the proposed 

amendments to the reporting 

requirements could potentially reduce 

the reporting burden by making the 

reporting requirements conform more 

closely to current industry practices. 

However, the OMB has previously 

approved the information collection 

requirements for subparts A and OO 

contained in the regulations 

promulgated on October 30, 2009, 

subpart W promulgated on November 

30, 2010, subpart DD promulgated on 

December 1, 2010, subparts FF and TT 

promulgated on July 12, 2010, and 

subpart RR promulgated on December 1, 

2010 under 40 CFR part 98 under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., and has 

assigned OMB control numbers 2060– 

0629; 2060–0650; and 2060–0647; and 

2060–0649 respectively. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

Further information on EPA’s 

assessment on the impact on burden can 

be found in the Technical Corrections 

and Amendments Cost Memo in docket 

number EPA–HQ–OAR–2011–0147. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47405 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this proposed rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administration’s regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of these proposed rule 

amendments on small entities, I certify 

that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

The proposed rule amendments will not 

impose any new requirement on small 

entities that are not currently required 

by the regulation of subparts A and OO 

promulgated on October 30, 2009; 

subparts FF, II, and TT promulgated on 

July 12, 2010; subpart W promulgated 

on November 30, 2010, or subparts DD 

or RR, both promulgated on December 1, 

2010. 

EPA took several steps to reduce the 

impact of 40 CFR part 98 on small 

entities when developing the final GHG 

reporting rules in 2009 and 2010. For 

example, EPA determined appropriate 

thresholds that reduced the number of 

small businesses reporting. In addition, 

EPA conducted several meetings with 

industry associations to discuss 

regulatory options and the 

corresponding burden on industry, such 

as recordkeeping and reporting. Finally, 

EPA continues to conduct significant 

outreach on the GHG reporting program 

and maintains an ‘‘open door’’ policy 

for stakeholders to help inform EPA’s 

understanding of key issues for the 

industries. 

We continue to be interested in the 

potential impacts of the proposed rule 

amendments on small entities and 

welcome comments on issues related to 

such impacts. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on State, local, and Tribal 

governments and the private sector. 

Federal agencies must also develop a 

plan to provide notice to small 

governments that might be significantly 

or uniquely affected by any regulatory 

requirements. The plan must enable 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates and must 

inform, educate, and advise small 

governments on compliance with the 

regulatory requirements. 

The proposed rule amendments do 

not contain a Federal mandate that may 

result in expenditures of $100 million or 

more for State, local, and tribal 

governments, in the aggregate, or the 

private sector in any one year. Thus, the 

proposed rule amendments are not 

subject to the requirements of section 

202 and 205 of the UMRA. This rule is 

also not subject to the requirements of 

section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. The proposed 

amendments will not impose any new 

requirements that are not currently 

required for 40 CFR part 98, and the rule 

amendments would not unfairly apply 

to small governments. Therefore, this 

action is not subject to the requirements 

of section 203 of the UMRA. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. 

These amendments apply directly to 

facilities that supply certain products 

that would result in GHGs when 

released, combusted or oxidized and 

facilities that directly emit greenhouses 

gases. They do not apply to 

governmental entities unless the 

government entity owns a facility that 

directly emits GHGs above threshold 

levels (such as a landfill), so relatively 

few government facilities would be 

affected. This regulation also does not 

limit the power of States or localities to 

collect GHG data and/or regulate GHG 

emissions. Thus, Executive Order 13132 

does not apply to this action. 

Although section 6 of Executive Order 

13132 does not apply to this action, EPA 

did consult with State and local officials 

or representatives of State and local 

governments in developing subparts A 

and OO promulgated on October 30, 

2009; subparts FF, II, and TT 

promulgated on July 12, 2010; subpart 

W promulgated on November 30, 2010, 

and subparts DD and RR, both 

promulgated on December 1, 2010. A 

summary of EPA’s consultations with 

State and local governments is provided 

in Section VIII.E of the preamble to the 

2009 final rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comment on this 

proposed action from State and local 

officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The proposed rule amendments 

would not result in any changes to the 

current requirements of 40 CFR part 98. 

Thus, Executive Order 13175 does not 

apply to this action. 

Although Executive Order 13175 does 

not apply to this action, EPA sought 

opportunities to provide information to 

Tribal governments and representatives 

during the development of the rules for 

subparts A and OO promulgated on 

October 30, 2009; subparts FF, II, and 

TT promulgated on July 12, 2010; 

subpart W promulgated on November 

30, 2010, and subparts and DD and RR, 

both promulgated on December 1, 2010. 

A summary of the EPA’s consultations 

with Tribal officials is provided in 

Sections VIII.D and VIII.F of the 

preamble to the 2009 final rule and in 

Section IV.F of the final rule for subpart 

W. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47406 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law No. 

104–113 (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment because it is a rule 

addressing information collection and 

reporting procedures. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Suppliers, Reporting 

and recordkeeping requirements. 

Dated: July 19, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, part 98 of title 40, chapter I, 

of the Code of Federal Regulations is 

proposed to be amended as follows: 

PART 98—[AMENDED] 

1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

2. Section 98.2 is amended by: 

a. Revising paragraph (d). 

b. Revising paragraph (e). 

c. Revising paragraph (f) introductory 

text. 

d. Revising paragraph (h). 

e. Revising paragraph (i)(3). 

Subpart A—[Amended] 

§ 98.2 Who must report? 

* * * * * 

(d) To calculate GHG quantities for 

comparison to the 25,000 metric ton 

CO2 per year threshold for importers 

and exporters of coal-to-liquid products 

under paragraph (a)(4) of this section, 

calculate the mass in metric tons per 

year of CO2 that would result from the 

complete combustion or oxidation of the 

quantity of coal-to-liquid products that 

are imported during the reporting year 

and, that are exported during the 

reporting year. Compare the imported 

quantities and the exported quantities 

separately to the 25,000 metric ton CO2

per year threshold. Calculate the 

quantities using the methodology 

specified in subpart LL of this part. 

(e) To calculate GHG quantities for 

comparison to the 25,000 metric ton 

CO2e per year threshold for importers 

and exporters of petroleum products 

under paragraph (a)(4) of this section, 

calculate the mass in metric tons per 

year of CO2 that would result from the 

complete combustion or oxidation of the 

combined volume of petroleum 

products and natural gas liquids that are 

imported during the reporting year and 

that are exported during the reporting 

year. Compare the imported quantities 

and the exported quantities separately 

to the 25,000 metric ton CO2 per year 

threshold. Calculate the quantities using 

the methodology specified in subpart 

MM of this part. 

(f) To calculate GHG quantities for 

comparison to the 25,000 metric ton 

CO2e per year threshold under 

paragraph (a)(4) of this section for 

importers and exporters of industrial 

greenhouse gases and for importers and 

exporters of CO2, the owner or operator 

shall calculate the mass in metric tons 

per year of CO2e imports and exports as 

described in paragraphs (f)(1) through 

(f)(3) of this section. Compare the 

imported quantities and the exported 

quantities separately to the 25,000 

metric ton CO2 per year threshold. 

* * * * * 

(h) An owner or operator of a facility 

or supplier that does not meet the 

applicability requirements of paragraph 

(a) of this section is not subject to this 

rule. Such owner or operator would 

become subject to the rule and reporting 

requirements, if a facility or supplier 

exceeds the applicability requirements 

of paragraph (a) of this section at a later 

time pursuant to § 98.3(b)(3). Thus, the 

owner or operator should reevaluate the 

applicability to this part (including the 

revising of any relevant emissions 

calculations or other calculations) 

whenever there is any change that could 

cause a facility or supplier to meet the 

applicability requirements of paragraph 

(a) of this section. Such changes include 

but are not limited to process 

modifications, increases in operating 

hours, increases in production, changes 

in fuel or raw material use, addition of 

equipment, and facility expansion. 

(i) * * * 

(3) If the operations of a facility or 

supplier are changed such that all 

applicable GHG-emitting processes and 

operations listed in paragraphs (a)(1) 

through (a)(4) of this section cease to 

operate, then the owner or operator is 

exempt from reporting in the years 

following the year in which cessation of 

such operations occurs, provided that 

the owner or operator submits a 

notification to the Administrator that 

announces the cessation of reporting 

and certifies to the closure of all GHGemitting processes and operations no 

later than March 31 of the year 

following such changes. This paragraph 

(i)(3) does not apply to seasonal or other 

temporary cessation of operations. This 

paragraph (i)(3) does not apply to 

facilities with municipal solid waste 

landfills or industrial waste landfills, or 

to underground coal mines. The owner 

or operator must resume reporting for 

any future calendar year during which 

any of the GHG-emitting processes or 

operations resume operation. 

* * * * * 

3. Section 98.3 is amended by: 

a. Revising paragraph (b) introductory 

text. 

b. Revising paragraph (b)(1). 

c. Adding paragraph (b)(4). 

d. Revising paragraph (c)(5)(ii). 

e. Revising paragraph (c)(7). 

f. Revising paragraph (c)(10). 

g. Revising paragraph (c)(11). 

h. Revising the second sentence of 

paragraph (g) introductory text. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47407 

§ 98.3 What are the general monitoring, 

reporting, recordkeeping and verification 

requirements of this part? 

* * * * * 

(b) Schedule. The annual GHG report 

for reporting year 2010 must be 

submitted no later than September 30, 

2011. The annual report for reporting 

years 2011 and beyond must be 

submitted no later than March 31 of 

each calendar year for GHG emissions in 

the previous calendar year, except as 

provided in paragraph (b)(1) of this 

section. 

(1) For reporting year 2011, GHG 

information required by the subparts 

listed in paragraphs (b)(1)(i) through 

(b)(1)(xii) of this section must be 

submitted no later than September 28, 

2012. This reporting date applies only to 

the data reporting requirements 

identified in the listed subparts and 

does not affect data reporting 

requirements of other subparts that 

apply to a facility or supplier. 

(i) Electronics Manufacturing (subpart 

I). 

(ii) Fluorinated Gas Production 

(subpart L). 

(iii) Magnesium Production (subpart 

T). 

(iv) Petroleum and Natural Gas 

Systems (subpart W). 

(v) Use of Electric Transmission and 

Distribution Equipment (subpart DD). 

(vi) Underground Coal Mines (subpart 

FF). 

(vii) Industrial Wastewater Treatment 

(subpart II). 

(viii) Imports and Exports of 

Equipment Pre-charged with 

Fluorinated GHGs or Containing 

Fluorinated GHGs in Closed-cell Foams 

(subpart QQ). 

(ix) Geologic Sequestration of Carbon 

Dioxide (subpart RR). 

(x) Manufacture of Electric 

Transmission and Distribution (subpart 

SS). 

(xi) Industrial Waste Landfills 

(subpart TT). 

(xii) Injection of Carbon Dioxide 

(subpart UU). 

* * * * * 

(4) Unless otherwise stated, if the 

final day of any time period falls on a 

weekend or a Federal holiday, the time 

period shall be extended to the next 

business day. 

(c) * * * 

(5) * * * 

(ii) Quantity of each GHG from each 

applicable supply category in Table A– 

5 of this subpart, expressed in metric 

tons of each GHG. For fluorinated GHG, 

report quantities of all fluorinated GHG, 

including those not listed in Table A– 

1 of this subpart. 

* * * * * 

(7) A brief description of each ‘‘best 

available monitoring method’’ used, the 

parameter measured using the method, 

and the time period during which the 

‘‘best available monitoring method’’ was 

used, if applicable. 

* * * * * 

(10) NAICS code(s) that apply to the 

facility or supplier. 

(i) Primary NAICS code. Report the 

NAICS code that most accurately 

describes the facility or supplier’s 

primary product/activity/service. The 

primary product/activity/service is the 

principal source of revenue for the 

facility or supplier. A facility or 

supplier that has two distinct products/ 

activities/services providing comparable 

revenue may report a second primary 

NAICS code. 

(ii) Additional NAICS code(s). Report 

all additional NAICS codes that describe 

all product(s)/activity(s)/service(s) at the 

facility or supplier that are not related 

to the principal source of revenue. 

(11) Legal name(s) and physical 

address(es) of the highest-level United 

States parent company(s) of the owners 

(or operators) of the facility or supplier 

and the percentage of ownership 

interest for each listed parent company 

as of December 31 of the year for which 

data are being reported according to the 

following instructions: 

(i) If the facility or supplier is entirely 

owned by a single United States 

company that is not owned by another 

company, provide that company’s legal 

name and physical address as the 

United States parent company and 

report 100 percent ownership. 

(ii) If the facility or supplier is 

entirely owned by a single United States 

company that is, itself, owned by 

another company (e.g., it is a division or 

subsidiary of a higher-level company), 

provide the legal name and physical 

address of the highest-level company in 

the ownership hierarchy as the United 

States parent company and report 100 

percent ownership. 

(iii) If the facility or supplier is owned 

by more than one United States 

company (e.g., company A owns 40 

percent, company B owns 35 percent, 

and company C owns 25 percent), 

provide the legal names and physical 

addresses of all the highest-level 

companies with an ownership interest 

as the United States parent companies, 

and report the percent ownership of 

each company. 

(iv) If the facility or supplier is owned 

by a joint venture or a cooperative, the 

joint venture or cooperative is its own 

United States parent company. Provide 

the legal name and physical address of 

the joint venture or cooperative as the 

United States parent company, and 

report 100 percent ownership by the 

joint venture or cooperative. 

(v) If the facility or supplier is entirely 

owned by a foreign company, provide 

the legal name and physical address of 

the foreign company’s highest-level 

company based in the United States as 

the United States parent company, and 

report 100 percent ownership. 

(vi) If the facility or supplier is 

partially owned by a foreign company 

and partially owned by one or more U.S. 

companies, provide the legal name and 

physical address of the foreign 

company’s highest-level company based 

in the United States, along with the 

legal names and physical addresses of 

the other U.S. parent companies, and 

report the percent ownership of each of 

these companies. 

(vii) If the facility or supplier is a 

federally owned facility, report ‘‘U.S. 

Government’’ and do not report physical 

address or percent ownership. 

* * * * * 

(g) Recordkeeping. * * * Retain all 

required records for at least 3 years from 

the date of submission of the annual 

GHG report for the reporting year in 

which the record was generated. * * * 

* * * * * 

4. Section 98.4 is amended by revising 

paragraph (m)(4) to read as follows: 

§ 98.4 Authorization and responsibilities of 

the designated representative. 

* * * * * 

(m) * * * 

(4) Any electronic submission covered 

by the certification in paragraph 

(m)(2)(v)(A) of this section and made in 

accordance with a notice of delegation 

effective under paragraph (m)(3) of this 

section shall be deemed to be an 

electronic submission certified, signed, 

and submitted by the designated 

representative or alternate designated 

representative submitting such notice of 

delegation. 

5. Section 98.6 is amended by revising 

the definitions of ‘‘Blowdown vent 

stack’’, ‘‘Supplier’’, and ‘‘United States 

parent company(s)’’ to read as follows: 

§ 98.6 Definitions. 

* * * * * 

Blowdown vent stack emissions mean 

natural gas and/or CO2 released due to 

maintenance and/or blowdown 

operations including compressor 

blowdown and emergency shut-down 

(ESD) system testing. Emissions from 

emergency events are not included. 

* * * * * 

Supplier means a producer, importer, 

or exporter in any supply category 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47408 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

included in Table A–5, as defined by 

the corresponding subpart of this part. 

* * * * * 

United States parent company(s) 

means the highest-level United States 

company(s) with an ownership interest 

in the facility or supplier as of 

December 31 of the year for which data 

are being reported. 

* * * * * 

6. Section 98.9 introductory text is 

revised to read as follows: 

§ 98.9 Addresses. 

All requests, notifications, and 

communications to the Administrator 

pursuant to this part, other than 

submittal of the annual GHG report; the 

certificate of representation; and other 

requests, notifications or 

communications that can be submitted 

through the electronic greenhouse gas 

reporting tool, shall be submitted to the 

following address: 

* * * * * 

7. Table A–3 to subpart A is amended 

by revising the entry for ‘‘Underground 

coal mines’’ and for ‘‘Electrical 

transmission and distribution 

equipment use’’ to read as follows: 

TABLE A–3 OF SUBPART A OF PART 98—SOURCE CATEGORY LIST FOR § 98.2(a)(1) 

Source Categories a Applicable in 2010 and Future Years 

* * * * * * * 

Additional Source Categories a Applicable in 2011 and Future Years 

* * * * * * * 

Electrical transmission and distribution equipment use at facilities where the total nameplate capacity of SF6 and PFC containing equipment exceeds 17,820 pounds, as determined under § 98.301 (subpart DD). 

Underground coal mines liberating 36,500,000 actual cubic feet of CH4 or more per year (subpart FF). 

* * * * * * * 

aSource categories are defined in each applicable subpart. 

8. Table A–5 to subpart A is amended 

by revising the entries for ‘‘Petroleum 

product suppliers (subpart MM)’’ to 

read as follows: 

TABLE A–5 TO SUBPART A OF PART 98—SUPPLIER CATEGORY LIST FOR § 98.2(a)(4) 

Supplier Categoriesa Applicable in 2010 and Future Years 

* * * * * * * 

Petroleum product suppliers (subpart MM): 

(A) All petroleum refineries that distill crude oil. 

(B) Importers of an annual quantity of petroleum products and natural gas liquids that is equivalent to 25,000 metric tons CO2e or more. 

(C) Exporters of an annual quantity of petroleum products and natural gas liquids that is equivalent to 25,000 metric tons CO2e or more. 

* * * * * * * 

aSuppliers are defined in each applicable subpart. 

Subpart W—[Amended] 

9. Section 98.230 is amended by 

revising paragraph(a)(3)(ii) to read as 

follows: 

§ 98.230 Definition of the source category. 

(a) * * * 

(3) * * * 

(ii) All processing facilities that do 

not fractionate with annual average 

throughput of 25 MMscf per day or 

greater. 

* * * * * 

10. Section 98.232 is amended by 

revising paragraph (d) introductory text 

and paragraph (i) introductory text to 

read as follows: 

§ 98.232 GHGs to report. 

* * * * * 

(d) For onshore natural gas 

processing, report CO2, CH4, and N2O 

emissions from the following sources: 

* * * * * 

(i) For natural gas distribution, report 

CO2 and CH4 emissions from the 

following sources: 

* * * * * 

11. Section 98.233 is amended by: 

a. Revising the definition of ‘‘GHGi’’ 

in Equation W–1 of paragraph (a). 

b. Revising the definition of ‘‘GHGi’’ 

in Equation W–2 and W–2 in paragraph 

(c). 

c. Revising the first sentence of 

paragraphs (d)(2), (d)(3), and (d)(4). 

d. Revising paragraphs (e) 

introductory text, (e)(1) introductory 

text, (e)(1)(xi) introductory text, 

(e)(1)(xi)(A) through (C), and (e)(2) 

introductory text. 

e. Revising paragraph (f)(2) 

introductory text. 

f. In paragraph (f)(2), revising the 

introductory text, Equation W–8, and 

definitions of Equation W–8. 

g. In paragraph (f)(3), revising 

Equation W–9 and the definitions of 

Equation W–9. 

h. In paragraph (h), revising the 

definitions of ‘‘Ea,n’’, ‘‘EFwo’’, and ‘‘Vf’’ 

in Equation W–13. 

i. Removing paragraph (h)(1). 

j. Redesignating paragraphs (h)(2) and 

(h)(3) as paragraphs (h)(1) and (h)(2), 

respectively, and revising new 

paragraph (h)(1). 

k. Revising paragraphs (i) 

introductory text and (i)(2). 

l. Revising the definition of ‘‘Vv’’ in 

Equation W–14 of paragraph (i)(3). 

m. Revising paragraph (i)(4). 

n. Revising the first sentence of 

paragraph (j)(1) and revising paragraph 

(j)(1)(vii). 

o. Revising paragraphs (j)(2), (j)(3) 

introductory text, and (j)(4) introductory 

text. 

p. In paragraph (j)(5), revising 

Equation W–15, revising the definitions 

of ‘‘EFi’’ and ‘‘Count’’, and defining the 

use of ‘‘1,000’’. 

q. In paragraph (j)(8), revising 

Equation W–16, revising the definition 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47409 

of ‘‘En’’, removing the definition of 

‘‘Et’’, and defining the use of ‘‘8,760’’. 

r. Revising paragraphs (k)(2) and 

(k)(4). 

s. Revising paragraph (q) introductory 

text. 

t. Revising the definition of ‘‘ri’’ in 

Equation W–36 of paragraph (v). 

u. Revising paragraph (z) introductory 

text. 

v. In paragraph (z)(2)(iii), revising 

Equation W–39; adding Equations W– 

39A and W–39B; adding definitions for 

‘‘Ea,CH4’’, ‘‘h’’, ‘‘YCO2’’, and ‘‘YCH4’’; and 

revising the definitions of ‘‘Yj’’ and 

‘‘Rj’’. 

w. Revising paragraph (z)(3). 

x. Removing paragraphs (z)(6)(i) 

through (z)(6)(iii). 

y. Redesignating paragraphs (z)(4), 

(z)(5), and (z)(6) as (z)(2)(iv), (z)(2)(v), 

and (z)(2)(vi), respectively. 

z. In newly redesignated paragraph 

(z)(2)(vi), revising Equation W–40 and 

revising the definition of ‘‘HHV’’. 

§ 98.233 Calculating GHG emissions. 

* * * * * 

(a) * * * 

GHGi = For onshore petroleum and natural 

gas production facilities, concentration 

of GHGi, CH4 or CO2, in produced 

natural gas as defined in paragraph 

(u)(2)(i) of this section; for facilities 

listed in § 98.230(a)(4) and (a)(5), GHGi

equals 0.952 for CH4 and 1×10¥2 for 

CO2. 

* * * * * 

(c) * * * 

GHGi = Concentration of GHGi, CH4 or CO2, 

in produced natural gas as defined in 

paragraph (u)(2)(i) of this section. 

* * * * * 

(d) * * * 

(2) Calculation Methodology 2. If 

CEMS is not available but a vent meter 

is installed, use the CO2 composition 

and annual volume of vent gas to 

calculate emissions using Equation 

W–3 of this section. 

* * * * * 

(3) Calculation Methodology 3. If 

CEMS or a vent meter is not installed, 

you may use the inlet or outlet gas flow 

rate of the acid gas removal unit to 

calculate emissions for CO2 using 

Equation W–4 of this section. 

* * * * * 

(4) Calculation Methodology 4. If 

CEMS or a vent meter is not installed, 

you may calculate emissions using any 

standard simulation software packages, 

such as AspenTech HYSYS® and API 

4679 AMINECalc, that uses the PengRobinson equation of state, and 

speciates CO2 emissions. * * * 

* * * * * 

(e) Dehydrator vents. For dehydrator 

vents, calculate annual CH4, CO2 and 

N2O (when flared) emissions using any 

of the calculation methodologies 

described in paragraph (e) of this 

section. 

(1) Calculation Methodology 1. 

Calculate annual mass emissions from 

dehydrator vents with annual average 

daily throughput greater than or equal to 

0.4 million standard cubic feet per day 

using a software program, such as 

AspenTech HYSYS® or GRI–GLYCalc, 

that uses the Peng-Robinson equation of 

state to calculate the equilibrium 

coefficient, speciates CH4 and CO2

emissions from dehydrators, and has 

provisions to include regenerator 

control devices, a separator flash tank, 

stripping gas and a gas injection pump 

or gas assist pump. A minimum of the 

following parameters determined by 

engineering estimate based on best 

available data must be used to 

characterize emissions from 

dehydrators: 

* * * * * 

(xi) Wet natural gas composition. 

Determine this parameter by selecting 

one of the methods described under 

paragraph (e)(1)(xi) of this section. 

(A) Use the wet natural gas 

composition as defined in paragraph 

(u)(2)(i) or (u)(2)(ii) of this section. 

(B) If wet natural gas composition 

cannot be determined using paragraph 

(u)(2)(i) or (u)(2)(ii) of this section, 

select a representative analysis. 

(C) You may use an appropriate 

standard method published by a 

consensus-based standards organization 

if such a method exists or you may use 

an industry standard practice as 

specified in § 98.234(b) to sample and 

analyze wet natural gas composition. 

* * * * * 

(2) Calculation Methodology 2. 

Calculate annual CH4 and CO2

emissions from glycol dehydrators with 

annual average daily throughput less 

than 0.4 million cubic feet per day using 

Equation W–5 of this section: * * * 

* * * * * 

(f) * * * 

(2) Calculation Methodology 2. 

Calculate the total emissions for well 

venting for liquids unloading using 

Equation W–8 of this section. 

Where: 

Ea,n = Annual natural gas emissions at actual 

conditions, in cubic feet/year. 

W = Number of wells with well venting for 

liquids unloading at the facility. 

0.37×10¥3 = {3.14 (pi)/4}/{14.7*144} (psia 

converted to pounds per square feet). 

CDW = Casing diameter for each well, in 

inches. 

WDW = Well depth to first producing horizon 

for each well, in feet. 

SPW = Shut-in pressure for each well, in 

pounds square inch atmosphere (psia). 

VW = Number of vents per year per well. 

SFRW = Average sales flow rate of each gas 

well in cubic feet per hour. 

HRV,W = Hours that each well was left open 

to the atmosphere during each unloading 

event. 

1.0 = Hours for average well to blowdown 

casing volume at shut-in pressure. 

ZV,W = If HRV,W is less than 1.0 then ZV,W is 

equal to 0. If HRV,W is greater than or 

equal to 1.0 then ZV,W is equal to 1. 

* * * * * 

(3) * * * 

Where: 

Ea,n = Annual natural gas emissions at actual 

conditions, in cubic feet/year. 

W = Number of wells with well venting for 

liquids unloading at the facility. 

0.37×10¥3 = {3.14 (pi)/4}/{14.7*144} (psia 

converted to pounds per square feet). 

TDW = Tubing diameter for each well, in 

inches. 

WDW = Tubing depth to plunger bumper for 

each well, in feet. 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.033</GPH> EP04AU11.034</GPH>
47410 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

SPW = Sales line pressure for each well, in 

pounds per square inch atmospheric 

(psia). 

NV = Number of vents per year per well. 

SFRW = Average sales flow rate of each gas 

well in cubic feet per hour. 

HRV,W = Hours that each well was left open 

to the atmosphere during each unloading 

event. 

0.5 = Hours for average well to blowdown 

tubing volume at sales line pressure. 

ZV,W = If HRV,W is less than 0.5 then ZV,W is 

equal to 0. If HRV,W is greater than or 

equal to 0.5 then ZV,W is equal to 1. 

* * * * * 

(h) * * * 

Es,n = Annual natural gas emissions in 

standard cubic feet from a gas well 

venting during well completions and 

workovers without hydraulic fracturing. 

* * * * * 

EFwo = Emission Factor for non-hydraulic 

fracture well workover venting in 

standard cubic feet per workover. EFwo = 

3114 standard cubic feet per well 

workover without hydraulic fracturing. 

* * * * * 

Vf = Average daily gas production rate in 

standard cubic feet per hour of each well 

completion without hydraulic fracturing. 

This is the total annual gas production 

volume divided by total number of hours 

the wells produced to the sales line. For 

completed wells that have not 

established a production rate, you may 

use the average flow rate from the first 

30 days of production. In the event that 

the well is completed less than 30 days 

from the end of the calendar year, the 

first 30 days of the production straddling 

the current and following calendar years 

shall be used. 

(1) Volumetric emissions for both CH4

and CO2 shall be calculated from 

volumetric natural gas emissions using 

calculations in paragraphs (u) of this 

section. Mass emissions for both CH4

and CO2 shall be calculated from 

volumetric natural gas emissions using 

calculations in paragraphs (v) of this 

section. 

(2) Calculate annual emissions from 

gas well venting during well 

completions and workovers not 

involving hydraulic fracturing to flares 

as follows: 

* * * * * 

(i) Blowdown vent stacks. Calculate 

CO2 and CH4 blowdown vent stack 

emissions from depressurizing 

equipment to the atmosphere (excluding 

depressurizing to a flare, over-pressure 

relief, operating pressure control 

venting and blowdown of non-GHG 

gases; desiccant dehydrator blowdown 

venting before reloading is covered in 

paragraph (e)(5) of this section) as 

follows (Emissions from emergency 

events are not included.): 

* * * * * 

(2) If the total physical volume 

between isolation valves is greater than 

or equal to 50 cubic feet, retain logs of 

the number of blowdowns for each 

equipment type (including but not 

limited to compressors, vessels, 

pipelines, headers, fractionators, and 

tanks). Blowdown volumes smaller than 

50 standard cubic feet are exempt from 

reporting under paragraph (i) of this 

section. 

(3) * * * 

Vv = Total physical volume of blowdown 

equipment chambers (including 

pipelines, compressors and vessels) 

between isolation valves in cubic feet. 

* * * * * 

(4) Calculate both CH4 and CO2

volumetric and mass emissions using 

calculations in paragraph (u) and (v) of 

this section. 

* * * * * 

(j) * * * 

(1) Calculation Methodology 1. For 

separators with annual average daily 

throughput of oil greater than or equal 

to 10 barrels per day. * * * 

* * * * * 

(vii) Separator oil composition and 

Reid vapor pressure. If this data is not 

available, determine these parameters 

by selecting one of the methods 

described under paragraph (j)(1)(vii) of 

this section. 

* * * * * 

(2) Calculation Methodology 2. 

Calculate annual CH4 and CO2

emissions from onshore production 

storage tanks for wellhead gas-liquid 

separators with annual average daily 

throughput of oil greater than or equal 

to 10 barrels per day by assuming that 

all of the CH4 and CO2 in solution at 

separator temperature and pressure is 

emitted from oil sent to storage tanks. 

You may use an appropriate standard 

method published by a consensus-based 

standards organization if such a method 

exists or you may use an industry 

standard practice as described in 

§ 98.234(b) to sample and analyze 

separator oil composition at separator 

pressure and temperature. 

(3) Calculation Methodology 3. For 

wells with annual average daily oil 

production greater than or equal to 10 

barrels per day that flow directly to 

atmospheric storage tanks without 

passing through a wellhead separator, 

calculate annual CH4 and CO2 emissions 

by either of the methods in paragraph 

(j)(3) of this section: 

* * * * * 

(4) Calculation Methodology 4. For 

wells with annual average daily oil 

production greater than or equal to 10 

barrels per day that flow to a separator 

not at the well pad, calculate annual 

CH4 and CO2 emissions by either of the 

methods in paragraph (j)(4) of this 

section: 

* * * * * 

(5) * * * 

Where: 

Es,i = Annual total volumetric GHG emissions 

(either CO2 or CH4) at standard 

conditions in cubic feet. 

EFi = Populations emission factor for 

separators or wells in thousand standard 

cubic feet per separator or well per year, 

for crude oil use 4.3 for CH4 and 2.9 for 

CO2 at 68°F and 14.7 psia, and for gas 

condensate use 17.8 for CH4 and 2.9 for 

CO2 at 68°F and 14.7 psia. 

Count = Total number of separators or wells 

with throughput less than 10 barrels per 

day. 

1,000 = Conversion to cubic feet. 

* * * * * 

(8) * * * 

Where: 

* * * * * 

En = Storage tank emissions as determined in 

Calculation Methodologies 1, 2, or 4 in 

paragraphs (j)(1), (j)(2) and (j)(4) of this 

section (with wellhead separators) in 

cubic feet per year. 

* * * * * 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.035</GPH> EP04AU11.036</GPH>
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47411 

8,760 = Conversion to hourly emissions. 

* * * * * 

(k) * * * 

(2) If the tank vapors are continuous 

for 5 minutes, or the acoustic leak 

detection device detects a leak, then use 

one of the following two methods in 

paragraph (k)(2) of this section to 

quantify annual emissions: 

* * * * * 

(4) Calculate annual emissions from 

storage tanks to flares as follows: 

(i) Use the storage tank emissions 

volume and gas composition as 

determined in paragraphs (k)(1) through 

(k)(3) of this section. 

(ii) Use the calculation methodology 

of flare stacks in paragraph (n) of this 

section to determine storage tank 

emissions sent to a flare. 

* * * * * 

(q) Leak detection and leaker 

emission factors. You must use the 

methods described in § 98.234(a) to 

conduct leak detection(s) of equipment 

leaks from all sources listed in 

§ 98.232(d)(7), (e)(7), (f)(5), (g)(3), (h)(4), 

and (i)(1). This paragraph (q) applies to 

emissions sources in streams with gas 

content greater than 10 percent CH4 plus 

CO2 by weight. Emissions sources in 

streams with gas content less than 10 

percent CH4 plus CO2 by weight do not 

need to be reported. Tubing systems 

equal to or less than one half inch 

diameter are exempt from the 

requirements of this paragraph (q) and 

do not need to be reported. If equipment 

leaks are detected for sources listed in 

this paragraph (q), calculate equipment 

leak emissions per source per reporting 

facility using Equation W–30 of this 

section for each source with equipment 

leaks. 

* * * * * 

(v) * * * 

ri = Density of GHG i. Use 0.0520 kg/ft3 for 

CO2 and N2O, and 0.0190 kg/ft3 for CH4

at 68°F and 14.7 psia or 0.0530 kg/ft3 for 

CO2 and N2O, and 0.0193 kg/ft3 for CH4

at 60°F and 14.7 psia. 

* * * * * 

(z) Onshore petroleum and natural 

gas production and natural gas 

distribution combustion emissions. 

Calculate CO2, CH4, and N2O 

combustion-related emissions from 

stationary or portable equipment, except 

as specified in paragraph (z)(3) of this 

section, as follows: 

(2) * * * 

(iii) * * * 

Where: 

* * * * * 

Ea,CH4 = Contribution of annual CH4

emissions from portable or stationary 

fuel combustion sources in cubic feet, 

under actual conditions. 

h = Combustion efficiency for portable and 

stationary equipment determined based 

on engineering estimation. 

* * * * * 

Yj = Concentration of gas hydrocarbon 

constituents j (such as methane, ethane, 

propane, butane, and pentanes plus) in 

gas sent to combustion unit. 

YCH4 = Concentration of methane constituent 

in gas sent to combustion unit. 

YCO2 = Concentration of CO2 constituent in 

gas sent to combustion unit. 

Rj = Number of carbon atoms in the gas 

hydrocarbon constituent j; 1 for methane, 

2 for ethane, 3 for propane, 4 for butane, 

and 5 for pentanes plus) in gas sent to 

combustion unit. 

(iv) Calculate GHG volumetric 

emissions at standard conditions using 

calculations in paragraph (t) of this 

section. 

(v) Calculate both combustion-related 

CH4 and CO2 mass emissions from 

volumetric CH4 and CO2 emissions 

using calculation in paragraph (v) of this 

section. 

(vi) Calculate N2O mass emissions 

using Equation W–40 of this section. 

Where: 

* * * * * 

HHV = For the high heat value for field gas 

or process vent gas, use 1.235 x 10¥3

mmBtu/scf for HHV. 

* * * * * 

(3) External fuel combustion sources 

with a rated heat capacity equal to or 

less than 5 mmBtu/hr do not need to 

report combustion emissions or include 

these emissions for threshold 

determination in § 98.231(a). You must 

report the type and number of each 

external fuel combustion unit. 

12. Section 98.234 is amended by 

revising Equation W–41 of paragraph (e) 

to read as follows: 

§ 98.234 Monitoring and QA/QC 

requirements. 

* * * * * 

(e) * * * 

Where: 

p = Absolute pressure. 

R = Universal gas constant. 

T = Absolute temperature. 

Vm = Molar volume. 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.037</GPH> EP04AU11.038</GPH> EP04AU11.039</GPH>
47412 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

Where: 

w = Acentric factor of the species. 

Tc = Critical temperature. 

Pc = Critical pressure. 

* * * * * 

13. Section 98.236 is amended by 

revising paragraphs (c)(6)(ii)(B) and 

(c)(7)(i). 

§ 98.236 Data reporting requirements. 

* * * * * 

(c) * * * 

(6) * * * 

(ii) * * * 

(B) Total count of workovers in 

calendar year that flare gas or vent gas 

to the atmosphere. 

* * * * * 

(7) * * * 

(i) Total number of blowdowns per 

unique volume type in calendar year. 

* * * * * 

14. Tables W–3 and W–4 to subpart W 

are amended by revising the entries for 

‘‘Low Continuous Bleed Pneumatic 

Device Vents’’, ‘‘High Continuous Bleed 

Pneumatic Device Vents’’, and 

‘‘Intermittent Bleed Pneumatic Device 

Vents’’ as follows: 

TABLE W–3 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR ONSHORE NATURAL

GAS TRANSMISSION COMPRESSION

Onshore natural gas transmission compression Emission factor 

(scf/hour/component) 

Leaker Emission Factors—Compressor Components, Gas Service 

* * * * * * * 

Leaker Emission Factors—Non-Compressor Components, Gas Service 

* * * * * * * 

Population Emission Factors—Gas Service 

Low Continuous Bleed Pneumatic Device Vents 2 ....................................................................................................... 1.79 

High Continuous Bleed Pneumatic Device Vents 2 ...................................................................................................... 20.1 

Intermittent Bleed Pneumatic Device Vents 2 ............................................................................................................... 20.1 

1Valves include control valves, block valves and regulator valves. 

2Emission Factor is in units of ‘‘scf/hour/device’’. 

TABLE W–4 TO SUBPART W OF PART 98—DEFAULT TOTAL HYDROCARBON EMISSION FACTORS FOR UNDERGROUND

NATURAL GAS STORAGE

Underground natural gas storage Emission factor 

(scf/hour/component) 

Leaker Emission Factors—Storage Station, Gas Service 

* * * * * * * 

Population Emission Factors—Storage Wellheads, Gas Service 

* * * * * * * 

Population Emission Factors—Other Components, Gas Service 

Low Continuous Bleed Pneumatic Device Vents 2 ....................................................................................................... 1.79 

High Continuous Bleed Pneumatic Device Vents 2 ...................................................................................................... 20.1 

Intermittent Bleed Pneumatic Device Vents 2 ............................................................................................................... 20.1 

1Valves include control valves, block valves and regulator valves. 

2Emission Factor is in units of ‘‘scf/hour/device’’. 

Subpart FF—[Amended] 

15. Section 98.322 is amended by 

revising paragraph (f) to read as follows: 

§ 98.322 GHGs to report. 

* * * * * 

(f) An underground coal mine that is 

subject to this part because emissions 

from source categories described in 

Tables A–3, A–4 or A–5, or from 

stationary combustion (subpart C), is not 

required to report emissions under 

subpart FF of this part unless the coal 

mine liberates 36,500,000 actual cubic 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.040</GPH>
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47413 

feet (acf) or more of methane per year 

from its ventilation system. 

16. Section 98.323 is amended by: 

a. Revising the definitions of ‘‘V’’, 

‘‘C’’, and ‘‘P’’ in Equation FF–1 of 

paragraph (a). 

b. Revising the first sentence of 

paragraph (a)(2). 

c. Revising the definitions of ‘‘Vi’’, 

‘‘Ci’’, Ti, and ‘‘Pi’’ in equation FF–3 of 

paragraph (b). 

d. Revising the first sentence of 

parapraph (b)(1). 

e. Revising paragraph (c) introductory 

text. 

§ 98.323 Calculating GHG emissions. 

(a) * * * 

V = Volumetric flow rate for the quarter (cfm) 

based on sampling or a flow rate meter. 

If a flow rate meter is used and the meter 

automatically corrects for temperature 

and pressure, replace ‘‘520°R/T × P/1 

atm’’ with ‘‘1’’. 

* * * * * 

C = CH4 concentration of ventilation gas for 

the quarter (%). 

* * * * * 

P = Pressure at which flow is measured (atm) 

for the quarter. The annual average 

barometric pressure from the nearest 

NOAA weather service station may be 

used as a default. 

* * * * * 

(2) Values of V, C, T, P, and fH2O, if 

applicable, must be based on 

measurements taken at least once each 

quarter with no fewer than 6 weeks 

between measurements. * * * 

* * * * * 

(b) * * * 

Vi = Measured volumetric flow rate for the 

days in the week when the degasification 

system is in operation at that monitoring 

point, based on sampling or a flow rate 

meter (cfm). If a flow rate meter is used 

and the meter automatically corrects for 

temperature and pressure, replace 

‘‘520°R/Ti × Pi/1 atm’’ with ‘‘1’’. 

* * * * * 

Ci = CH4 concentration of gas for the days in 

the week when the degasification system 

is in operation at that monitoring point 

(%). 

* * * * * 

Ti = Temperature at which flow is measured 

(°R). 

Pi = Pressure at which flow is measured 

(atm). 

* * * * * 

(1) Values for V, C, T, P, and fH2O, 

if applicable, must be based on 

measurements taken at least once each 

calendar week with at least 3 days 

between measurements. * * * 

* * * * * 

(c) If gas from degasification system 

wells or ventilation shafts is sold, used 

onsite, or otherwise destroyed 

(including by flaring), you must 

calculate the quarterly CH4 destroyed 

for each destruction device and each 

point of offsite transport to a destruction 

device, using Equation FF–5 of this 

section. You must measure CH4 content 

and flow rate according to the 

provisions in § 98.324, and calculate the 

methane routed to the destruction 

device (CH4) using either Eq. FF–1 or 

Eq. FF–3, as applicable. 

* * * * * 

17. Section 98.324 is amended by: 

a. Revising paragraphs (b)(1) and 

(b)(2). 

b. Revising paragraph (c). 

c. Revising paragraph (d). 

d. Revising paragraph (e) introductory 

text. 

e. Revising paragraphs (g) and (h). 

§ 98.324 Monitoring and QA/QC 

requirements. 

* * * * * 

(b) * * * 

(1) Collect quarterly or more frequent 

grab samples (with no fewer than 6 

weeks between measurements) for 

methane concentration and make 

quarterly measurements of flow rate, 

temperature, pressure, and moisture 

content, if applicable. The sampling and 

measurements must be made at the 

same locations as MSHA inspection 

samples are taken, and should be taken 

when the mine is operating under 

normal conditions. You must follow 

MSHA sampling procedures as set forth 

in the MSHA Handbook entitled, 

General Coal Mine Inspection 

Procedures and Inspection Tracking 

System Handbook Number: PH–08–V–1, 

January 1, 2008 (incorporated by 

reference, see § 98.7). You must record 

the date of sampling, flow, temperature, 

pressure, and moisture measurements, 

the methane concentration (percent), the 

bottle number of samples collected, and 

the location of the measurement or 

collection. 

(2) Obtain results of the quarterly (or 

more frequent) testing performed by 

MSHA for the methane flowrate. At the 

time and location of the MSHA 

sampling, make measurements of 

temperature, pressure and moisture 

content using the same procedures 

specified in paragraph (b)(1) of this 

section. If the MSHA data for methane 

flow is provided in the units of actual 

cubic feet of methane per day, the 

methane flow data is inserted into 

Equation FF–1 of this section in place 

of the value for V and the variables 

MCF, C/100%, and 1440 are removed 

from the equation. 

* * * * * 

(c) For CH4 liberated at degasification 

systems, determine whether CH4 will be 

monitored from each well and gob gas 

vent hole, from a centralized monitoring 

point, or from a combination of the two 

options. Operators are allowed 

flexibility for aggregating emissions 

from more than one well or gob gas vent 

hole, as long as emissions from all are 

addressed, and the methodology for 

calculating total emissions is 

documented. Monitor both gas volume 

and methane concentration by one of 

the following two options: 

(1) Monitor emissions through the use 

of one or more continuous emissions 

monitoring systems (CEMS). If operators 

use CEMS as the basis for emissions 

reporting, they must provide 

documentation on the process for using 

data obtained from their CEMS to 

estimate emissions from their mine 

ventilation systems. 

(2) Collect weekly (once each calendar 

week, with at least three days between 

measurements) or more frequent 

samples, for all degasification wells and 

gob gas vent holes. Determine weekly or 

more frequent flow rates, methane 

concentration, temperature, and 

pressure from these degasification wells 

and gob gas vent holes. Methane 

composition should be determined 

either by submitting samples to a lab for 

analysis, or from the use of 

methanometers at the degasification 

well site. Follow the sampling protocols 

for sampling of methane emissions from 

ventilation shafts, as described in 

§ 98.324(b)(1). You must record the date 

of sampling, flow, temperature, 

pressure, and moisture measurements, 

the methane concentration (percent), the 

bottle number of samples collected, and 

the location of the measurement or 

collection. 

(3) If the CH4 concentration is 

determined on a dry basis and flow is 

determined on a wet basis or CH4

concentration is determined on a wet 

basis and flow is determined on a dry 

basis, and the flow meter does not 

automatically correct for moisture 

content, determine the moisture content 

in the gas in a location near or 

representative of the location of: 

(i) The gas flow meter at least once 

each calendar week; if measuring with 

CEMS. If only one measurement is made 

each calendar week, there must be at 

least three days between measurements; 

and 

(ii) The grab sample, if using grab 

samples, at the time of the sample. 

(d) Monitoring must adhere to one of 

the methods specified in paragraphs 

(d)(1) through (d)(2) of this section. 

(1) ASTM D1945–03, Standard Test 

Method for Analysis of Natural Gas by 

Gas Chromatography; ASTM D1946–90 

(Reapproved 2006), Standard Practice 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47414 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

for Analysis of Reformed Gas by Gas 

Chromatography; ASTM D4891–89 

(Reapproved 2006), Standard Test 

Method for Heating Value of Gases in 

Natural Gas Range by Stoichiometric 

Combustion; or ASTM UOP539–97 

Refinery Gas Analysis by Gas 

Chromatography (incorporated by 

reference, see § 98.7). 

(2) As an alternative to the gas 

chromatography methods provided in 

paragraph (d)(1) of this section, you may 

use gaseous organic concentration 

analyzers and a correction factor to 

calculate the CH4 concentration 

following the requirements in 

paragraphs (d)(2)(i) through (d)(2)(iii) of 

this section. 

(i) Use Method 25A or 25B at 40 CFR 

part 60, appendix A–7 to determine 

gaseous organic concentration as 

required in § 98.323 and in paragraphs 

(b) and (c) of this section. You must 

calibrate the instrument with CH4 and 

determine the total gaseous organic 

concentration as carbon (or as CH4; K = 

1 in Equation 25A–1 of Method 25A at 

40 CFR part 60, appendix A–7). 

(ii) Determine a correction factor that 

will be used with the gaseoue organic 

concentrations measured in paragraph 

(i) of this section. The correction factor 

must be determined at the routine 

sampling location no less frequently 

than once a reporting year following the 

requirements in paragraphs (d)(2)(ii)(A) 

through (d)(2)(ii)(C) of this section. 

(A) Take a minimum of three grab 

samples of the gas with a minimum of 

20 minutes between samples and 

determine the methane composition of 

the gas using one of the methods 

specified in paragraph (d)(1) of this 

section. 

(B) As soon as practical after each 

grab sample is collected and prior to the 

collection of a subsequent grab sample, 

determine the gaseous organic 

concentration of the gas using either 

Method 25A or 25B at 40 CFR part 60, 

appendix A–7 as specified in paragraph 

(d)(2)(i) of this section. 

(C) Determine the arithmetic average 

methane concentration and the 

arithmetic average gaseous organic 

concentration of the samples analyzed 

according to paragraphs (d)(2)(ii)(A) and 

(d)(2)(ii)(B) of this section, respectively, 

and calculate the non-methane organic 

carbon correction factor as the ratio of 

the average methane concentration to 

the average total gaseous organic 

concentration. If the ratio exceeds 1, use 

1 for the correction factor. 

(iii) Calculate the CH4 concentration 

as specified in Equation FF–9 of this 

section: 

Where: 

CCH4 = Methane (CH4) concentration in the 

gas (volume %) for use in Equations FF– 

1 and FF–3 of this subpart. 

fNMOC = Correction factor from the most 

recent determination of the correction 

factor as specified in paragraph (d)(2)(ii) 

of this section (unitless). 

CTGOC = Gaseous organic carbon 

concentration measured using Method 

25A or 25B at 40 CFR part 60, appendix 

A–7 during routine monitoring of the gas 

(volume %). 

(e) All flow meters and gas 

composition monitors that are used to 

provide data for the GHG emissions 

calculations shall be calibrated prior to 

the first reporting year, using the 

applicable methods specified in 

paragraphs (d), and (e)(1) through (e)(7) 

of this section. Alternatively, calibration 

procedures specified by the flow meter 

manufacturer may be used. Flow meters 

and gas composition monitors shall be 

recalibrated either at the minimum 

frequency specified by the manufacturer 

or annually. The operator shall operate, 

maintain, and calibrate a gas 

composition monitor capable of 

measuring the concentration of CH4 in 

the gas using one of the methods 

specified in paragraph (d) of this 

section. The operator shall operate, 

maintain, and calibrate the flow meter 

using any of the following test methods 

or follow the procedures specified by 

the flow meter manufacturer. Flow 

meters must meet the accuracy 

requirements in § 98.3(i). 

* * * * * 

(g) All temperature, pressure, and 

moisture content monitors must be 

operated and calibrated using the 

procedures and frequencies specified by 

the manufacturer. 

(h) If applicable, the owner or 

operator shall document the procedures 

used to ensure the accuracy of gas flow 

rate, gas composition, temperature, 

pressure, and moisture content 

measurements. These procedures 

include, but are not limited to, 

calibration of flow meters, and other 

measurement devices. The estimated 

accuracy of measurements, and the 

technical basis for the estimated 

accuracy shall be recorded. 

18. Section 98.325 is amended by 

revising the first sentence of paragraph 

(b) as follows: 

§ 98.325 Procedures for estimating 

missing data. 

* * * * * 

(b) For each missing value of CH4

concentration, flow rate, temperature, 

pressure, and moisture content for 

ventilation and degasification systems, 

the substitute data value shall be the 

arithmetic average of the quality-assured 

values of that parameter immediately 

preceding and immediately following 

the missing data incident. * * * 

Section 98.326 is amended by: 

a. Revising paragraph (f). 

b. Revising paragraph (h). 

c. Revising paragraph (j). 

d. Revising paragraph (k). 

e. Revising paragraph (o). 

§ 98.326 Data reporting requirements. 

* * * * * 

(f) Quarterly volumetric flow rate for 

each ventilation monitoring point 

(scfm), date and location of each 

measurement, and method of 

measurement (quarterly sampling or 

continuous monitoring), used in 

Equation FF–1. 

* * * * * 

(h) Weekly volumetric flow rate used 

to calculate CH4 liberated from 

degasification systems (cfm) and 

method of measurement (sampling or 

continuous monitoring), used in 

Equation FF–3. 

* * * * * 

(j) Weekly volumetric flow rate used 

to calculate CH4 destruction for each 

destruction device and each point of 

offsite transport (cfm). 

(k) Weekly CH4 concentration (%) 

used to calculate CH4 flow to each 

destruction device and each point of 

offsite transport (C). 

* * * * * 

(o) Temperatures (°R), pressure (atm), 

and moisture content used in Eq. FF–1 

and FF–3, and the gaseous organic 

concentration correction factor, if 

Equation FF–9 was required. 

* * * * * 

Subpart II—[Amended] 

19. Section 98.350 is amended by 

revising the first sentence of paragraph 

(b) introductory text to read as follows: 

§ 98.350 Definition of Source Category 

* * * * * 

(b) An anaerobic process is a 

procedure in which organic matter in 

wastewater, wastewater treatment 

sludge, or other material is degraded by 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.041</GPH>
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47415 

micro-organisms in the absence of 

oxygen, resulting in the generation of 

CO2 and CH4. * * * 

* * * * * 

20. Section 98.352 is amended by 

revising paragraph (d) as follows: 

§ 98.352 GHGs to report. 

* * * * * 

(d) You must report under subpart C 

of this part (General Stationary Fuel 

Combustion Sources) the emissions of 

CO2, CH4, and N2O from each stationary 

combustion unit associated with the 

biogas destruction device, if present, by 

following the requirements of subpart C 

of this part. 

21. Section 98.353 is amended by: 

a. Revising paragraph (a)(2). 

b. Revising paragraph (c) introductory 

text and paragraph (c)(1) introductory 

text. 

c. Revising the definitions of ‘‘Rn’’, 

‘‘Tm’’, and ‘‘Pm’’ in Equation II–4 of 

paragraph (c)(1). 

d. Revising paragraph (c)(2). 

e. Revising paragraph (d) introductory 

text. 

f. Revising the definition of ‘‘Rn’’ in 

Equation II–5 in paragraph (d)(1). 

g. Revising Equation II–6 and revising 

the definition of ‘‘CH4En’’, ‘‘Rn’’, ‘‘DE1’’, 

and ‘‘fDest_1’’ in paragraph (d)(2). 

§ 98.353 Calculating GHG emissions. 

(a) * * * 

(2) If you measure the concentration 

of organic material entering an 

anaerobic reactor or anaerobic lagoon 

using methods for the determination of 

5-day biochemical oxygen demand 

(BOD5), then estimate annual mass of 

CH4 generated using Equation II–2 of 

this section. 

* * * * * 

(c) For each anaerobic sludge digester, 

anaerobic reactor, or anaerobic lagoon 

from which some biogas is recovered, 

estimate the annual mass of CH4

recovered according to the requirements 

in paragraphs (c)(1) and (c)(2) of this 

section. To estimate the annual mass of 

CH4 recovered, you must continuously 

monitor biogas flow rate and determine 

the volume of biogas each week and the 

cumulative volume of biogas each year 

that is collected and routed to a 

destruction device as specified in 

§ 98.354(h). If the gas flow meter is not 

equipped with automatic correction for 

temperature, pressure, or, if necessary, 

moisture content, you must determine 

these parameters as specified in 

paragraph (c)(2)(ii) of this section. 

(1) If you continuously monitor CH4

concentration (and if necessary, 

temperature, pressure, and moisture 

content required as specified in 

§ 98.354(f)) of the biogas that is 

collected and routed to a destruction 

device using a monitoring meter 

specifically for CH4 gas, as specified in 

§ 98.354(g), you must use this 

monitoring system and calculate the 

quantity of CH4 recovered for 

destruction using Equation II–4 of this 

section. A fully integrated system that 

directly reports CH4 quantity requires 

only the summing of results of all 

monitoring periods for a given year. 

* * * * * 

Rn = Annual quantity of CH4 recovered from 

the nth anaerobic reactor, sludge 

digester, or lagoon (metric tons CH4/yr) 

* * * * * 

Tm = Average temperature at which flow is 

measured for the measurement period 

(°R). If the flow rate meter automatically 

corrects for temperature to 520° R, 

replace ‘‘520° R/Tm’’ with ‘‘1’’. 

Pm = Average pressure at which flow is 

measured for the measurement period 

(atm). If the flow rate meter 

automatically corrects for pressure to 1 

atm, replace ‘‘Pm/1’’ with ‘‘1’’. 

* * * * * 

(2) If you do not continuously monitor 

CH4 concentration according to 

paragraph(c)(1) of this section, you must 

determine the CH4 concentration, 

temperature, pressure, and, if necessary, 

moisture content of the biogas that is 

collected and routed to a destruction 

device according to the requirements in 

paragraphs (c)(2)(i) through (c)(2)(ii) of 

this section and calculate the quantity of 

CH4 recovered for destruction using 

Equation II–4 of this section. 

(i) Determine the CH4 concentration 

in the biogas that is collected and routed 

to a destruction device in a location 

near or representative of the location of 

the gas flow meter at least once each 

calendar week; if only one measurement 

is made each calendar week, there must 

be least three days between 

measurements. For a given calendar 

week, you are not required to determine 

CH4 concentration if the cumulative 

volume of biogas for that calendar week, 

determined as specified in paragraph (c) 

of this section, is zero. 

(ii) If the gas flow meter is not 

equipped with automatic correction for 

temperature, pressure, or, if necessary, 

moisture content: 

(A) Determine the temperature and 

pressure in the biogas that is collected 

and routed to a destruction device in a 

location near or representative of the 

location of the gas flow meter at least 

once each calendar week; if only one 

measurement is made each calendar 

week, there must be at least three days 

between measurements. 

(B) If the CH4 concentration is 

determined on a dry basis and biogas 

flow is determined on a wet basis, or 

CH4 concentration is determined on a 

wet basis and biogas flow is determined 

on a dry basis, and the flow meter does 

not automatically correct for moisture 

content, determine the moisture content 

in the biogas that is collected and routed 

to a destruction device in a location 

near or representative of the location of 

the gas flow meter at least once each 

calendar week that the cumulative 

biogas flow measured as specified in 

§ 98.354(h) is greater than zero; if only 

one measurement is made each calendar 

week, there must be at least three days 

between measurements. 

(d) For each anaerobic sludge digester, 

anaerobic reactor, or anaerobic lagoon 

from which some quantity of biogas is 

recovered, you must estimate both the 

annual mass of CH4 that is generated, 

but not recovered, according to 

paragraph (d)(1) of this section and the 

annual mass of CH4 emitted according 

to paragraph (d)(2) of this section. 

(1) * * * 

Rn = Annual quantity of CH4 recovered from 

the nth anaerobic reactor, anaerobic 

lagoon, or anaerobic sludge digester, as 

calculated in Equation II–4 of this 

section (metric tons CH4). 

* * * * * 

(2) For each anaerobic sludge digester, 

anaerobic reactor, or anaerobic lagoon 

from which some quantity of biogas is 

recovered, estimate the annual mass of 

CH4 emitted using Equation II–6 of this 

section. 

Where: 

CH4En = Annual quantity of CH4 emitted 

from the process n from which biogas is 

recovered (metric tons). 

* * * * * 

Rn = Annual quantity of CH4 recovered from 

the nth anaerobic reactor or anaerobic 

sludge digester, as calculated in Equation 

II–4 of this section (metric tons CH4). 

DE1 = Primary destruction device CH4

destruction efficiency (lesser of 

manufacturer’s specified destruction 

efficiency and 0.99). If the biogas is 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.042</GPH>
47416 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

transported off-site for destruction, use 

DE=1. 

fDest_1 = Fraction of hours the primary 

destruction device was operating (device 

operating hours/hours in the year). If the 

biogas is transported off-site for 

destruction, use fDest=1. 

* * * * * 

22. Section 98.354 is amended by: 

a. Revising the second sentence of 

paragraph (c). 

b. Revising paragraph (d) introductory 

text. 

c. Revising paragraph (f). 

d. Revising paragraph (g) introductory 

text. 

e. Revising paragraph (h) introductory 

text and paragraph (h)(5). 

f. Revising paragraph (k). 

§ 98.354 Monitoring and QA/QC 

requirements. 

(c) * * * You must collect and 

analyze samples for COD or BOD5

concentration at least once each 

calendar week that the anaerobic 

wastewater treatment process is 

operating; if only one measurement is 

made each calendar week, there must be 

at least three days between 

measurements. * * * 

(d) You must measure the flowrate of 

wastewater entering anaerobic 

wastewater treatment process at least 

once each calendar week that the 

process is operating; if only one 

measurement is made each calendar 

week, there must be at least three days 

between measurements. You must 

measure the flowrate for the 24-hour 

period for which you collect samples 

analyzed for COD or BOD5

concentration. The flow measurement 

location must correspond to the location 

used to collect samples analyzed for 

COD or BOD5 concentration. You must 

measure the flowrate using one of the 

methods specified in paragraphs (d)(1) 

through (d)(5) of this section or as 

specified by the manufacturer. 

* * * * * 

(f) For each anaerobic process (such as 

anaerobic reactor, sludge digester, or 

lagoon) from which biogas is recovered, 

you must make the measurements or 

determinations specified in paragraphs 

(f)(1) through (f)(3) of this section. 

(1) You must continuously measure 

the biogas flow rate as specified in 

paragraph (h) of this section and 

determine the cumulative volume of 

biogas recovered. 

(2) You must determine the CH4

concentration of the recovered biogas as 

specified in paragraph (g) of this section 

at a location near or representative of 

the location of the gas flow meter. You 

must determine CH4 concentration 

either continuously or intermittently. If 

you determine the concentration 

intermittently, you must determine the 

concentration at least once each 

calendar week that the cumulative 

biogas flow measured as specified in 

paragraph (h) of this section is greater 

than zero, with at least three days 

between measurements. 

(3) As specified in § 98.353(c) and 

paragraph (h) of this section, you must 

determine temperature, pressure, and 

moisture content as necessary to 

accurately determine the biogas flow 

rate and CH4 concentration. You must 

determine temperature and pressure if 

the gas flow meter or gas composition 

monitor do not automatically correct for 

temperature or pressure. You must 

measure moisture content of the 

recovered biogas if the biogas flow rate 

is measured on a wet basis and the CH4

concentration is measured on a dry 

basis. You must also measure the 

moisture content of the recovered biogas 

if the biogas flow rate is measured on a 

dry basis and the CH4 concentration is 

measured on a wet basis. 

(g) For each anaerobic process (such 

as an anaerobic reactor, sludge digester, 

or lagoon) from which biogas is 

recovered, operate, maintain, and 

calibrate a gas composition monitor 

capable of measuring the concentration 

of CH4 in the recovered biogas using one 

of the methods specified in paragraphs 

(g)(1) through (g)(6) of this section or as 

specified by the manufacturer. 

* * * * * 

(h) For each anaerobic process (such 

as an anaerobic reactor, sludge digester, 

or lagoon) from which biogas is 

recovered, install, operate, maintain, 

and calibrate a gas flow meter capable 

of continuously measuring the 

volumetric flow rate of the recovered 

biogas using one of the methods 

specified in paragraphs (h)(1) through 

(h)(8) of this section or as specified by 

the manufacturer. Recalibrate each gas 

flow meter either biennially (every 2 

years) or at the minimum frequency 

specified by the manufacturer. Except as 

provided in § 98.353(c)(2)(iii), each gas 

flow meter must be capable of correcting 

for the temperature and pressure and, if 

necessary, moisture content. 

* * * * * 

(5) ASME MFC–11M–2006 

Measurement of Fluid Flow by Means of 

Coriolis Mass Flowmeters (incorporated 

by reference, see § 98.7). The mass flow 

must be corrected to volumetric flow 

based on the measured temperature, 

pressure, and biogas composition. 

* * * * * 

(k) If applicable, the owner or 

operator must document the procedures 

used to ensure the accuracy of 

measurements of COD or BOD5

concentration, wastewater flow rate, 

biogas flow rate, biogas composition, 

temperature, pressure, and moisture 

content. These procedures include, but 

are not limited to, calibration of gas flow 

meters, and other measurement devices. 

The estimated accuracy of 

measurements made with these devices 

must also be recorded, and the technical 

basis for these estimates must be 

documented. 

23. Section 98.355 is amended by 

revising paragraph (b) to read as follows: 

§ 98.355 Procedures for estimating 

missing data. 

* * * * * 

(b) For each missing value of the CH4

content or biogas flow rates, the 

substitute data value must be the 

arithmetic average of the quality-assured 

values of that parameter immediately 

preceding and immediately following 

the missing data incident. 

* * * * * 

24. Section 98.356 is amended by: 

a. Revising paragraph (a) introductory 

text. 

b. Revising paragraphs (b)(3) and 

(b)(4). 

c. Revising paragraph (d) introductory 

text and paragraphs (d)(2), (d)(4), (d)(6), 

and (d)(8). 

§ 98.356 Data reporting requirements. 

(a) A description or diagram of the 

industrial wastewater treatment system, 

identifying the processes used to treat 

industrial wastewater and industrial 

wastewater treatment sludge. Indicate 

how the processes are related to each 

other and identify the anaerobic 

processes. Provide a unique identifier 

for each anaerobic process, indicate the 

average depth in meters of each 

anaerobic lagoon, and indicate whether 

biogas generated by each anaerobic 

process is recovered. The anaerobic 

processes must be identified as: 

* * * * * 

(b) * * * 

(3) Maximum CH4 production 

potential (B0) used as an input to 

Equation II–1 or II–2 of this subpart, 

from Table II–1. 

(4) Methane conversion factor (MCF) 

used as an input to Equation II–1 or II– 

2 of this subpart, from Table II–1. 

* * * * * 

(d) For each anaerobic wastewater 

treatment process and anaerobic sludge 

digester from which some biogas is 

recovered, you must report: 

* * * * * 

(2) Total weekly volumetric biogas 

flow for each week (up to 52 weeks/ 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47417 

year) that biogas is collected for 

destruction. 

* * * * * 

(4) Weekly average biogas temperature 

for each week at which flow is 

measured for biogas collected for 

destruction, or statement that 

temperature is incorporated into 

monitoring equipment internal 

calcultations. 

* * * * * 

(6) Weekly average biogas pressure for 

each week at which flow is measured 

for biogas collected for destruction, or 

statement that pressure is incorporated 

into monitoring equipment internal 

calcultations. 

* * * * * 

(8) Whether destruction occurs at the 

facility or off-site. If destruction occurs 

at the facility, also report whether a 

back-up destruction device is present at 

the facility, the annual operating hours 

for the primary destruction device, the 

annual operating hours for the back-up 

destruction device (if present), the 

destruction efficiency for the primary 

destruction device, and the destruction 

efficiency for the back-up destruction 

device (if present). 

* * * * * 

Subpart OO—[Amended] 

25. Section 98.416 is amended by 

removing and reserving paragraphs 

(a)(8) and (a)(9) and revising paragraph 

(a)(10) to read as follows: 

§ 98.416 Data reporting requirements. 

* * * * * 

(a) * * * 

(8) [Reserved] 

(9) [Reserved] 

(10) Mass in metric tons of any 

fluorinated GHG or nitrous oxide fed 

into the transformation process, by 

process. 

* * * * * 

26. Section 98.417 is amended by 

adding paragraphs (a)(3) and (a)(4) to 

read as follows: 

§ 98.417 Records that must be retained. 

(a) * * * 

(3) Dated records of the total mass in 

metric tons of each reactant fed into the 

F–GHG or nitrous oxide production 

process, by process. 

(4) Dated records of the total mass in 

metric tons of the reactants, byproducts, and other wastes permanently 

removed from the F–GHG or nitrous 

oxide production process, by process. 

* * * * * 

Subpart RR—[Amended] 

27. Section 98.442 is amended by 

revising paragraphs (e) and (f) to read as 

follows: 

§ 98.442 GHGs to report. 

* * * * * 

(e) Mass of CO2 emissions from 

equipment leaks and vented emissions 

of CO2 from surface equipment located 

between the injection flow meter and 

the injection wellhead. 

(f) Mass of CO2 emissions from 

equipment leaks and vented emissions 

of CO2 from surface equipment located 

between the production flow meter and 

the production wellhead. 

* * * * * 

28. Section 98.443 is amended by: 

a. Revising paragraph (d) introductory 

text. 

b. Revising paragraph (d)(3). 

c. Revising the definition of ‘‘CO2FI’’ 

and ‘‘CO2FP’’ in Equation RR–11 of 

paragraph (f)(1). 

d. Revising the definition of ‘‘CO2FI’’ 

in Equation RR–12 of paragraph (f)(2). 

§ 98.443 Calculating CO2 geologic 

sequestration. 

* * * * * 

(d) You must calculate the annual 

mass of CO2 produced from oil or gas 

production wells or from other fluid 

wells for each separator that sends a 

stream of gas into a recycle or end use 

system in accordance with the 

procedures specified in paragraphs 

(d)(1) through (d)(3) of this section. You 

must account for any CO2 that is 

produced and not processed through a 

separator. You must account only for 

wells that produce the CO2 that was 

injected into the well or wells covered 

by this source category. 

* * * * * 

(3) To aggregate production data, you 

must sum the mass of all of the CO2

separated at each gas-liquid separator in 

accordance with the procedure specified 

in Equation RR–9 of this section. You 

must assume that the total CO2

measured at the separator(s) represents 

a percentage of the total CO2 produced. 

In order to account for the percentage of 

CO2 produced that is estimated to 

remain with the produced oil or other 

fluid, you must multiply the quarterly 

mass of CO2 measured at the 

separator(s) by a percentage estimated 

using a methodology in your approved 

MRV plan. If fluids containing CO2 from 

injection wells covered under this 

source category are produced and not 

processed through a gas-liquid 

separator, the concentration of CO2 in 

the produced fluids must be measured 

at a flow meter located prior to 

reinjection or reuse using methods in 

§ 98.444(f)(1). The considerations you 

intend to use to calculate CO2 from 

produced fluids for the mass balance 

equation must be described in your 

approved MRV plan in accordance with 

§ 98.448(d)(5). 

* * * * * 

(f) * * * 

(1) * * * 

CO2FI = Total annual CO2 mass emitted 

(metric tons) from equipment leaks and 

vented emissions of CO2 from equipment 

located on the surface between the flow 

meter used to measure injection quantity 

and the injection wellhead, for which a 

calculation procedure is provided in 

subpart W of this part. 

CO2FP = Total annual CO2 mass emitted 

(metric tons) from equipment leaks and 

vented emissions of CO2 from equipment 

located on the surface between the 

production wellhead and the flow meter 

used to measure production quantity, for 

which a calculation procedure is 

provided in subpart W of this part. 

* * * * * 

(2) * * * 

CO2FI = Total annual CO2 mass emitted 

(metric tons) from equipment leaks and 

vented emissions of CO2 from equipment 

located on the surface between the flow 

meter used to measure injection quantity 

and the injection wellhead. 

29. Section 98.444 is amended by 

revising the heading of paragraph (d) to 

read as follows: 

§ 98.444 Monitoring and QA/QC 

requirements. 

* * * * * 

(d) CO2 emissions from equipment 

leaks and vented emissions of CO2. 

* * * 

* * * * * 

30. Section 98.445 is amended by 

revising paragraph (e) to read as follows: 

§ 98.445 Procedures for estimating 

missing data. 

* * * * * 

(e) For any values associated with CO2

emissions from equipment leaks and 

vented emissions of CO2 from surface 

equipment at the facility that are 

reported in this subpart, missing data 

estimation procedures should be 

followed in accordance with those 

specified in subpart W of this part. 

* * * * * 

31. Section 98.446 is amended by: 

a. Revising paragraph (a)(2) 

introductory text and (a)(3) introductory 

text. 

b. Revising paragraph (e). 

c. Revising paragraph (f) introductory 

text. 

d. Revising paragraph (f)(1)(vii). 

e. Revising paragraphs (f)(3). 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2

47418 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

§ 98.446 Data reporting requirements. 

(a) * * * 

(2) If a volumetric flow meter is used 

to receive CO2 report the following 

unless you reported yes to paragraph 

(a)(4) of this section: 

* * * * * 

(3) If a mass flow meter is used to 

receive CO2 report the following unless 

you reported yes to paragraph (a)(4) of 

this section: 

* * * * * 

(e) Report the date that you began 

collecting data for calculating total 

amount sequestered according to 

§ 98.448(a)(7) of this subpart. 

(f) Report the following. If the date 

specified in paragraph (e) of this section 

is during the reporting year for this 

annual report, report the following 

starting on the date specified in 

paragraph (e) of this section. 

(1) * * * 

(vii) The standard used to calculate 

each value in paragraphs (f)(1)(ii) 

through (f)(1)(iv) of this section. 

* * * * * 

(3) For CO2 emissions from equipment 

leaks and vented emissions of CO2, 

report the following: 

(i) The mass of CO2 emitted (in metric 

tons) annually from equipment leaks 

and vented emissions of CO2 from 

equipment located on the surface 

between the flow meter used to measure 

injection quantity and the injection 

wellhead. 

(ii) The mass of CO2 emitted (in 

metric tons) annually from equipment 

leaks and vented emissions of CO2 from 

equipment located on the surface 

between the production wellhead and 

the flow meter used to measure 

production quantity. 

* * * * * 

32. Section 98.447 is amended by 

revising paragraphs (a)(5) and (a)(6) to 

read as follows: 

§ 98.447 Records that must be retained. 

(a) * * * 

(5) Annual records of information 

used to calculate the CO2 emitted from 

equipment leaks and vented emissions 

of CO2 from equipment located on the 

surface between the flow meter used to 

measure injection quantity and the 

injection wellhead. 

(6) Annual records of information 

used to calculate the CO2 emitted from 

equipment leaks and vented emissions 

of CO2 from equipment located on the 

surface between the production 

wellhead and the flow meter used to 

measure production quantity. 

* * * * * 

33. Section 98.448 is amended by 

revising paragraphs (a)(5) and (e) to read 

as follows: 

§ 98.448 Geologic sequestration 

monitoring, reporting, and verification 

(MRV) plan. 

(a) * * * 

(5) A summary of the considerations 

you intend to use to calculate sitespecific variables for the mass balance 

equation. This includes, but is not 

limited to, considerations for calculating 

CO2 emissions from equipment leaks 

and vented emissions of CO2 between 

the injection flow meter and injection 

well and/or the production flow meter 

and production well, and considerations 

for calculating CO2 in produced fluids. 

* * * * * 

(e) Revised MRV plan. The 

requirements of paragraph (c) of this 

section apply to any submission of a 

revised MRV plan. You must continue 

reporting under your currently 

approved plan while awaiting approval 

of a revised MRV plan. 

* * * * * 

34. Section 98.449 is amended by 

revising the definition of ‘‘CO2

received’’ to read as follows: 

§ 98.449 Definitions. 

* * * * * 

CO2 received means the CO2 stream 

that you receive to be injected for the 

first time into a well on your facility 

that is covered by this subpart. CO2

received includes, but is not limited to, 

a CO2 stream from a production process 

unit inside your facility and a CO2

stream that was injected into a well on 

another facility, removed from a 

discontinued enhanced oil or natural 

gas or other production well, and 

transferred to your facility. 

* * * * * 

Subpart TT—[Amended] 

35. Section 98.460 is amended by 

revising paragraphs (c)(1) and (c)(2)(i) to 

read as follows: 

§ 98.460 Definition of the source category. 

* * * * * 

(c) * * * 

(1) Construction and demolition waste 

landfills. 

(2) * * * 

(i) Coal combustion or incinerator ash 

(e.g., fly ash). 

* * * * * 

36. Section 98.463 is amended by: 

a. In paragraph (a)(1), revising 

Equation TT–1 and revising the 

definitions of ‘‘GCH4’’, ‘‘DOCx’’, ‘‘MCF’’, 

and ‘‘Fx’’. 

b. Revising paragraph (a)(2) 

introductory text. 

c. Revising paragraph (a)(2)(ii)(C). 

d. In paragraph (a)(2)(ii)(C), revising 

the definitions of ‘‘Wx’’, ‘‘LFC’’, and 

‘‘YrData’’ in Equation TT–4. 

§ 98.463 Calculating GHG emissions. 

(a) * * * 

(1) * * * 

Where: 

GCH4 = Modeled methane generation in 

reporting year T (metric tons CH4). 

* * * * * 

DOCx = Degradable organic carbon for waste 

disposed in year X from Table TT–1 of 

this subpart or from measurement data 

[as specified in paragraph (a)(3) of this 

section], if available [fraction (metric 

tons C/metric ton waste)]. 

* * * * * 

MCF = Methane correction factor (fraction). 

Use the default value of 1 unless there 

is active aeration of waste within the 

landfill during the reporting year. If there 

is active aeration of waste within the 

landfill during the reporting year, use 

either the default value of 1 or select an 

alternative value no less than 0.5 based 

on site-specific aeration parameters. 

F = Fraction by volume of CH4 in landfill gas 

(fraction, dry basis, corrected to 0% 

oxygen). If you have a gas collection 

system, use the annual average CH4

concentration from measurement data for 

the current reporting year; otherwise, use 

the default value of 0.5. 

* * * * * 

(2) Waste stream quantities. 

Determine annual waste quantities as 

specified in paragraphs (a)(2)(i) through 

(ii) of this section for each year starting 

with January 1, 1960 or the year the 

landfills first accepted waste if after 

January 1, 1960, up until the most 

recent reporting year. The choice of 

method for determining waste quantities 

will vary according to the availability of 

historical data. Beginning in the first 

emissions reporting year (2011 or later) 

and for each year thereafter, use the 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.043</GPH>
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47419 

procedures in paragraph (a)(2)(i) of this 

section to determine waste stream 

quantities. These procedures should 

also be used for any year prior to the 

first emissions reporting year for which 

the data are available. For other 

historical years, use paragraph (a)(2)(i) 

of this section, where waste disposal 

records are available, and use the 

procedures outlined in paragraph 

(a)(2)(ii) of this section when waste 

disposal records are unavailable, to 

determine waste stream quantities. 

Historical disposal quantities deposited 

(i.e., prior to the first year in which 

monitoring begins) should only be 

determined once, as part of the first 

annual report, and the same values 

should be used for all subsequent 

annual reports, supplemented by the 

next year’s data on new waste disposal. 

* * * * * 

(ii) * * * 

(C) For any year in which historic 

production or processing data are not 

available such that historic waste 

quantities cannot be estimated using 

Equation TT–3 of this section, calculate 

an average annual bulk waste disposal 

quantity using Equation TT–4 of this 

section. 

* * * * * 

Wx = Quantity of waste placed in the landfill 

in year X (metric tons, wet basis). This 

annual bulk waste disposal quantity 

applies for all years from ‘‘YrOpen’’ to 

‘‘YrData’’ inclusive. 

LFC = Capacity of the landfill used (or the 

total quantity of waste-in-place) at the 

end of the ‘‘YrData’’ from design 

drawings or engineering estimates 

(metric tons). For closed landfills for 

which waste quantity data are not 

available, use the landfill’s design 

capacity. 

YrData = The year prior to the year when 

waste disposal data are first available 

from company records or from Equation 

TT–3 of this section. For landfills for 

which waste quantity data are not 

available, the year in which the landfill 

last received waste. 

* * * * * 

37. Section 98.464 is amended by: 

a. Revising paragraph (b) introductory 

text. 

b. Revising paragraph (b)(1). 

c. Revising paragraph (b)(3). 

d. In paragraph (b)(4), revising the 

first sentence, redesignating Equation 

TT–8 as Equation TT–7, and revising 

the definition of ‘‘% Volatile Solidsx’’ 

and ‘‘% Total Solidsx’’. 

e. Redesignating paragraphs (c), (d),(e) 

and (f) as paragraphs (d), (e), and (f) and 

(h) respectively. 

f. Adding paragraph (c). 

g. Adding paragraph (g). 

§ 98.464 Monitoring and QA/QC 

requirements. 

* * * * * 

(b) For each waste stream received 

during the reporting year for which you 

choose to determine volatile solids 

concentration for the purposes of 

§ 98.460(c)(2)(xii) or choose to 

determine a landfill-specific DOCx for 

use in Equation TT–1 of this subpart, 

you must collect and test a 

representative sample of that waste 

stream using the methods specified in 

paragraphs (b)(1) through (b)(4) of this 

section. 

(1) Develop and follow a sampling 

plan to collect a representative sample 

of each waste stream (as received at the 

landfill) for which testing is elected. 

* * * * * 

(3) For the purposes of 

§ 98.460(c)(2)(xii), the volatile solids 

concentration (weight percent on a dry 

basis) is the percent volatile solids 

determined using Standard Method 

2540G ‘‘Total, Fixed, and Volatile Solids 

in Solid and Semisolid Samples’’ 

(incorporated by reference; see § 98.7). 

(4) Calculate the waste stream-specific 

DOCx value using Equation TT–7 of this 

section. 

* * * * * 

% Volatile Solidsx = Percent volatile solids 

determined using Standard Method 

2540G ‘‘Total, Fixed, and Volatile Solids 

in Solid and Semisolid Samples’’ 

(incorporated by reference; see § 98.7) for 

Year X [milligrams (mg) volatile solids 

per 100 mg dried solids]. 

% Total Solidsx = Percent total solids 

determined using Standard Method 

2540G ‘‘Total, Fixed, and Volatile Solids 

in Solid and Semisolid Samples’’ 

(incorporated by reference; see § 98.7) for 

Year X (mg dried solids per 100 mg wet 

waste). 

(c) For each waste stream for which 

you choose to determine volatile solids 

concentration for the purposes of 

paragraph § 98.460(c)(2)(xii), and that 

was historically managed in the landfill 

but was not received during the first 

reporting year, you must determine 

volatile solids concentration of the 

waste stream as initially placed in the 

landfill using the methods specified in 

paragraph (c)(1) or (c)(2) of this section, 

as applicable. 

(1) If you can identify a similar waste 

stream to the waste stream that was 

historically managed in the landfill, you 

must determine the volatile solids 

concentration of the similar waste 

stream using the procedures in 

paragraphs (b)(1) through (b)(3) of this 

section. 

(2) If you cannot identify a similar 

waste stream to the waste stream that 

was historically managed in the landfill, 

you may determine the volatile solids 

concentration of the historically 

managed waste stream using process 

knowledge. You must document the 

basis for volatile solids concentration as 

determined through process knowledge. 

(d) For landfills with gas collection 

systems, operate, maintain, and 

calibrate a gas composition monitor 

capable of measuring the concentration 

of CH4 according to the requirements 

specified at § 98.344(b). 

(e) For landfills with gas collection 

systems, install, operate, maintain, and 

calibrate a gas flow meter capable of 

measuring the volumetric flow rate of 

the recovered landfill gas according to 

the requirements specified at 

§ 98.344(c). 

(f) For landfills with gas collection 

systems, all temperature, pressure, and 

if applicable, moisture content monitors 

must be calibrated using the procedures 

and frequencies specified by the 

manufacturer. 

(g) For landfills electing to measure 

the fraction by volume of CH4 in landfill 

gas (F), follow the requirements in 

paragraphs (g)(1) and (g)(2) of this 

section. 

(1) Use a gas composition monitor 

capable of measuring the concentration 

of CH4 on a dry basis that is properly 

operated, calibrated, and maintained 

according to the requirements specified 

at § 98.344(b). You must either use a gas 

composition monitor that is also capable 

of measuring the O2 concentration 

correcting for excess (infiltration) air or 

you must operate, maintain, and 

calibrate a second monitor capable of 

measuring the O2 concentration on a dry 

basis according to the manufacturer’s 

specifications. 

(2) Use Equation TT–8 of this section 

to correct the measured CH4

concentration to 0% oxygen. If multiple 

CH4 concentration measurements are 

made during the reporting year, 

determine F separately for each 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.044</GPH>
47420 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

measurement made during the reporting 

year, and use the results to determine 

the arithmetic average value of F for use 

in Equation TT–1 of this part. 

Where: 

F = Fraction by volume of CH4 in landfill gas 

(fraction, dry basis, corrected to 0% 

oxygen). 

CCH4 = Measured CH4 concentration in 

landfill gas (volume %, dry basis). 

20.9c = Defined O2 correction basis, (volume 

%, dry basis). 

20.9 = O2 concentration in air (volume %, 

dry basis). 

%O2 = Measured O2 concentration in landfill 

gas (volume %, dry basis). 

(h) The facility shall document the 

procedures used to ensure the accuracy 

of the estimates of disposal quantities 

and, if the industrial waste landfill has 

a gas collection system, gas flow rate, 

gas composition, temperature, pressure, 

and moisture content measurements. 

These procedures include, but are not 

limited to, calibration of weighing 

equipment, fuel flow meters, and other 

measurement devices. The estimated 

accuracy of measurements made with 

these devices shall also be recorded, and 

the technical basis for these estimates 

shall be provided. 

38. Section 98.466 is amended by: 

a. Revising paragraph (b) introductory 

text. 

b. Revising paragraph (b)(2). 

c. Adding paragraphs (b)(3) and (b)(4). 

d. Revising paragraph (c)(3)(ii). 

e. Revising paragraph (d). 

f. Revising paragraph (f). 

g. Revising paragraph (g)(1). 

§ 98.466 Data reporting requirements. 

* * * * * 

(b) Report the following waste 

characterization and modeling 

information: 

* * * * * 

(2) A description of each waste stream 

(including the types of materials in each 

waste stream) for which Equation TT–1 

of this subpart is used to calculate 

modeled CH4 generation. 

(3) The fraction of CH4 in the landfill 

gas, F, (volume fraction, dry basis, 

corrected to 0% oxygen) for the 

reporting year and an indication as to 

whether this was the default value or a 

value determined through measurement 

data. 

(4) The methane correction factor 

(MCF) value used in the calculations. If 

an MCF value other than the default of 

1 is used, provide a description of the 

aeration system, including aeration 

blower capacity, the fraction of the 

landfill containing waste affected by the 

aeration, the total number of hours 

during the year the aeration blower was 

operated, and other factors used as a 

basis for the selected MCF value. 

(c) * * * 

(3) * * * 

(ii) The year, the waste disposal 

quantity and production quantity for 

each year used in Equation TT–2 of this 

subpart to calculate the average waste 

disposal factor (WDF). 

* * * * * 

(d) For each year of landfilling 

starting with the ‘‘Start Year’’ (S) and 

each year thereafter up to the current 

reporting year, report the following 

information: 

(1) The calendar year for which the 

following data elements apply. 

(2) The quantity of waste (Wx) 

disposed of in the landfill (metric tons, 

wet weight) for the specified year for 

each waste stream identified in 

paragraph (b) of this section. 

(3) The degradable organic carbon 

(DOCx) value (mass fraction) for the 

specified year and an indication as to 

whether this was the default value from 

Table TT–1 of this subpart or a value 

determined through sampling and 

calculation for each waste stream 

identified in paragraph (b) of this 

section. 

* * * * * 

(f) The modeled annual methane 

generation (GCH4) for the reporting year 

(metric tons CH4) calculated using 

Equation TT–1 of this subpart. 

(g) * * * 

(1) The annual methane emissions 

(i.e., the methane generation (MG), 

adjusted for oxidation, calculated using 

Equation TT–6 of this subpart), reported 

in metric tons CH4. 

* * * * * 

39. Section 98.467 is revised to read 

as follows: 

§ 98.467 Records that must be retained. 

In addition to the information 

required by § 98.3(g), you must retain 

the calibration records for all 

monitoring equipment, including the 

method or manufacturer’s specification 

used for calibration, and all total and 

volatile solids concentration 

measurement data used for the purposes 

of paragraph § 98.460(c)(2)(xii) or used 

to determine landfill-specific DOCx

values. 

40. Section 98.468 is amended by 

adding the definitions for ‘‘Construction 

and demolition (C&D) waste landfill’’ 

and ‘‘Design capacity’’ to read as 

follows: 

§ 98.468 Definitions. 

* * * * * 

Construction and demolition (C&D) 

waste landfill means a solid waste 

disposal facility subject to the 

requirements of subparts A or B of part 

257 of this chapter that receives 

construction and demolition waste and 

does not receive hazardous waste 

(defined in § 261.3 of this chapter) or 

industrial solid waste (defined in 

§ 258.2 of this chapter) or municipal 

solid waste (defined in § 98.6 of this 

part) other than residential lead-based 

paint waste. A C&D waste landfill 

typically receives any one or more of the 

following types of solid wastes: 

roadwork material, excavated material, 

demolition waste, construction/ 

renovation waste, and site clearance 

waste. 

Design capacity means the maximum 

amount of solid waste a landfill can 

accept, as indicated in terms of volume 

or mass in the most recent permit issued 

by the State, local, or Tribal agency 

responsible for regulating the landfill, 

plus any in-place waste not accounted 

for in the most recent permit. If the 

owner or operator chooses to convert 

the design capacity from volume to 

mass to determine its design capacity, 

the calculation must include a site 

specific density, which must be 

recalculated annually. 

* * * * * 

41. Table TT–1 of Subpart TT is 

amended by revising the entries for 

‘‘Construction and Demolition’’ and 

‘‘Inert Waste [i.e., wastes listed in 

§ 98.460(c)(2)]’’ to read as follows: 


mstockstill on DSK4VPTVN1PROD with PROPOSALS2EP04AU11.045</GPH>
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47421 

TABLE TT–1 OF SUBPART TT—DEFAULT DOC AND DECAY RATE VALUES FOR INDUSTRIAL WASTE LANDFILLS

Industry/waste type 

DOC 

(weight fraction, wet 

basis) 

K 

[dry 

climate a] 

(yr¥1) 

k 

[moderate 

climate a] 

(yr¥1) 

k 

[wet 

climate a] 

(yr¥1) 

*******

Construction and Demolition ............................................................................................ 0.08 0.02 0.03 0.04 

Inert Waste [i.e., wastes listed in § 98.460(c)(2)] ............................................................. 0 0 0 0 

*******

aThe applicable climate classification is determined based on the annual rainfall plus the recirculated leachate application rate. Recirculated 

leachate application rate (in inches/year) is the total volume of leachate recirculated from company records or engineering estimates and applied 

to the landfill divided by the area of the portion of the landfill containing waste [with appropriate unit conversions]. 

(1) Dry climate = precipitation plus recirculated leachate less than 20 inches/year. 

(2) Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive). 

(3) Wet climate = precipitation plus recirculated leachate greater than 40 inches/year. 

Alternatively, landfills that use leachate recirculation can elect to use the k value for wet climate rather than calculating the recirculated leachate rate. 

[FR Doc. 2011–18712 Filed 8–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS2