Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29935 

083°47′12.84′′ W then northwest to 

45°25′11.30′′ N 083°48′22.88′′ W then 

back to the point of origin [DATUM: 

NAD 83]. 

(b) Enforcement period. This 

regulation will be enforced from 1 p.m. 

until 5 p.m. on August 3–5, 2012. 

(1) The Captain of the Port, Sector 

Sault Sainte Marie may suspend at any 

time the enforcement of the safety zone 

established under this section. 

(2) The Captain of the Port, Sector 

Sault Sainte Marie, will notify the 

public of the enforcement and 

suspension of enforcement of the safety 

zone established by this section via any 

means that will provide as much notice 

as possible to the public. These means 

might include some or all of those listed 

in 33 CFR 165.7(a). The primary method 

of notification, however, will be through 

Broadcast Notice to Mariners and local 

Notice to Mariners. 

(c) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer designated by 

the Captain of the Port Sault Sainte 

Marie to monitor these safety zones, 

permit entry into these safety zones, 

give legally enforceable orders to 

persons or vessels within these safety 

zones, or take other actions authorized 

by the Captain of the Port. 

(2) Public vessel means a vessel 

owned, chartered, or operated by the 

United States or by a State or political 

subdivision thereof. 

(d) Regulations. (1) The general 

regulations in 33 CFR 165.23 apply. 

(2) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port Sault 

Sainte Marie or a designated 

representative. Upon being hailed by the 

U.S. Coast Guard by siren, radio, 

flashing light or other means, the 

operator of a vessel shall proceed as 

directed. 

(3) When the safety zone established 

by this section is being enforced, all 

vessels must obtain permission from the 

Captain of the Port Sault Sainte Marie 

or his or her designated representative 

to enter, move within, or exit that safety 

zone. Vessels and persons granted 

permission to enter the safety zone shall 

obey all lawful orders or directions of 

the Captain of the Port or his or her 

designated representative. While within 

the safety zone, all vessels shall operate 

at the minimum speed necessary to 

maintain a safe course. 

(e) Exemption. Public vessels, as 

defined in paragraph (c) of this section, 

are exempt from the requirements in 

this section. 

Dated: May 4, 2012. 

J.C. McGuiness, 

Captain, U.S. Coast Guard, Captain of the 

Port Sault Sainte Marie. 

[FR Doc. 2012–12261 Filed 5–18–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0147; FRL–9667–4] 

RIN 2060–AR53 

2012 Technical Corrections, Clarifying 

and Other Amendments to the 

Greenhouse Gas Reporting Rule, and 

Proposed Confidentiality 

Determinations for Certain Data 

Elements of the Fluorinated Gas 

Source Category 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

amend specific provisions of the 

Greenhouse Gas Reporting Rule to 

provide greater clarity and flexibility to 

facilities subject to reporting emissions 

from certain source categories. These 

source categories will report greenhouse 

gas (GHG) data for the first time in 

September of 2012. The proposed 

changes are not expected to significantly 

change the overall calculation and 

monitoring requirements of the 

Greenhouse Gas Reporting Rule or add 

additional requirements for reporters, 

but are expected to correct errors and 

clarify existing requirements in order to 

facilitate accurate and timely reporting. 

The EPA is also proposing 

confidentiality determinations for four 

new data elements for the fluorinated 

gas production source category of the 

Greenhouse Gas Reporting Rule. Lastly, 

we are proposing an amendment to 

Table A–7 of the general provisions to 

add a data element used as an input to 

an emission equation in the fluorinated 

gas production source category. 

DATES: Comments. Comments must be 

received on or before June 20, 2012. 

Public Hearing. The 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 May 29, 2012. Upon 

such request, the EPA will hold the 

hearing on June 5, 2012, in the 

Washington, DC area. The EPA will 

provide further information about the 

hearing on the GHGRP Web site, http:// 

www.epa.gov/climatechange/emissions/ 

ghgrulemaking.html if a hearing is 

requested. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0147, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: 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. 

Additional Information on Submitting 

Comments: To expedite review of your 

comments by agency staff, you are 

encouraged to send a separate copy of 

your comments, in addition to the copy 

you submit to the official docket, to 

Carole Cook, U.S. EPA, Office of 

Atmospheric Programs, Climate Change 

Division, Mail Code 6207–J, 

Washington, DC 20460, telephone (202) 

343–9263, email address: 

GHGReportingRule@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011– 

0147. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Should you choose to submit 

information that you claim to be CBI in 

response to this notice, clearly mark the 

part or all of the comments that you 

claim to be CBI submitted in response 

to this notice. For information that you 

claim to be CBI in a disk or CD–ROM 

that you mail to EPA, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

29936 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information marked as 

CBI will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information claimed as CBI to only the 

mail or hand/courier deliver address 

listed above, attention: Docket ID No. 

EPA–HQ–OAR–2011–0147. 

If you have any questions about CBI 

or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. Do not submit information that 

you consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

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

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http:// 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, 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; email address: 

GHGReportingRule@epa.gov. For 

technical information, please go to the 

Greenhouse Gas Reporting Rule Program 

Web site at 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 

the EPA’s Greenhouse Gas Reporting 

Program Web site at http:// 

www.epa.gov/climatechange/emissions/ 

ghgrulemaking.html. 

SUPPLEMENTARY INFORMATION: 

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 direct emitters of 

GHGs. Regulated categories and 

examples of affected entities include 

those listed in Table 1 of this preamble: 

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. 

Electronics Manufacturing ........................ 334111 Microcomputers manufacturing facilities. 

334413 Semiconductor, photovoltaic (solid-state) device manufacturing facilities. 

334419 LCD unit screens manufacturing facilities. 

334419 MEMS manufacturing facilities. 

Fluorinated Gas Production ...................... 325120 Industrial gases manufacturing facilities. 

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 that the EPA 

is now aware could be potentially 

affected by the reporting requirements. 

Other types of facilities not 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 direct 

emitters of GHGs. If you have questions 

regarding the applicability of this action 

to a particular facility, consult the 

person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29937 

1Consolidated Appropriations Act, 2008, Public 

Law 110–161, 121 Stat. 1844, 2128. 

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? 

E. How would these amendments affect 

confidentiality determinations? 

II. Technical Corrections, Clarifying and 

Other Amendments 

A. Subpart A—General Provisions 

1. Background 

2. Proposed Amendments 

3. Overview and Approach to Proposed 

CBI Determinations 

B. Subpart TT—Industrial Waste Landfills 

1. Background 

2. Proposed Amendment 

3. Overview and Approach to Proposed 

CBI Determinations 

C. Subpart W—Petroleum and Natural Gas 

Systems 

1. Background 

2. Proposed Technical Corrections 

3. Overview and Approach to Proposed 

CBI Determinations 

D. Subpart L—Fluorinated Gas Production 

1. Background 

2. Proposed Amendments 

3. Overview and Approach to Proposed 

CBI Determinations 

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 

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 the EPA’s use of our legal 

authority under the Clean Air Act to 

collect data under the Mandatory 

Reporting of Greenhouse Gases 

Reporting Rule, hereinafter referred to 

as the ‘‘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 to 

address implementation issues 

identified by the EPA and others. This 

section also presents the EPA’s rationale 

for the proposed changes and identifies 

issues on which the EPA is particularly 

interested in receiving public 

comments. This section also includes 

proposed confidentiality determinations 

for four new data elements for the 

fluorinated gas production source 

category of the Greenhouse Gas 

Reporting Rule. 

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 

was signed by EPA Administrator Lisa 

Jackson on September 22, 2009 and 

published in the Federal Register on 

October 30, 2009 (74 FR 56260, 

hereafter referred to as the ‘‘2009 final 

rule’’ or ‘‘Part 98’’). The 2009 final rule, 

which became effective on December 

29, 2009, requires 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 subpart 

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

W (75 FR 74458, November 30, 2010), 

and subpart L (75 FR 74774, December 

1, 2010). 

Following the promulgation of these 

subparts, the EPA finalized four 

technical corrections and clarifying 

amendments to these and other subparts 

under the Greenhouse Gas Reporting 

Program (GHGRP) (75 FR 66434, 

October 28, 2010; 75 FR 79092, 

December 17, 2010; 76 FR 73866, 

November 29, 2011; 76 FR 80554, 

December 23, 2011). The corrections 

and amendments within those four 

actions did not change the basic 

requirements of the rule, but were 

intended to improve clarity and ensure 

consistency across the calculation, 

monitoring, and data reporting 

requirements. Similarly, the corrections, 

clarifying and other amendments in this 

action are intended to provide greater 

clarity and flexibility to facilities subject 

to reporting in 2012. 

On January 10, 2012 (77 FR 1434), 

EPA proposed confidentiality 

determinations for data elements 

(excluding those in the inputs to 

equation category) in 8 subparts of part 

98, including subpart L. This proposed 

amendment includes adding 4 new data 

elements to subpart L. In conjunction 

with this addition, we are proposing 

confidentiality determinations for the 

new data elements in the proposed 

amendment to subpart L. 

C. Legal Authority 

The 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, October 30, 2009) and the 

Response to Comments on the Proposed 

Rule, Volume 9, Legal Issues, CAA 

section 114 provides the EPA broad 

authority to require the information 

proposed to be gathered by this rule 

because such data would inform and are 

relevant to the EPA’s carrying out a 

wide variety of CAA provisions. 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 who the 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

29938 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 

2See 75 FR 30782, May 26, 2011. 

3See 77 FR 11039, February 24, 2012. 

4See 77 FR 1434, January 10, 2012. 

5See 77 FR 11039, February 24, 2012 (subpart I), 

77 FR 1434, January 10, 2012 (subpart W), and 76 

FR 53057, August 25, 2011. 

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 the EPA’s legal 

authority, see the preambles to the 2009 

proposed and final rules and EPA’s 

Response to Comments, Volume 9. 

In addition, EPA is proposing 

confidentiality determinations for four 

proposed data elements in subpart L, 

under its authorities provided in 

sections 114, 301 and 307 of the CAA. 

As mentioned above, CAA section 114 

provides EPA authority to obtain the 

information in part 98, including those 

in subpart L. Section 114(c) requires 

that EPA make publicly available 

information obtained under section 114 

except for information (excluding 

emission data) that qualify for 

confidential treatment. 

The Administrator has determined 

that this action (proposed amendment 

and confidentiality determination) is 

subject to the provisions of section 

307(d) of the CAA. 

D. How would these amendments apply 

to 2012 reports? 

The EPA is proposing technical 

clarifications and amendments to 40 

CFR part 98, subparts A, L, W, and TT. 

The EPA is planning to address any 

comments on these proposed 

amendments and publish final 

amendments before September 28, 2012. 

Therefore, reporters would be expected 

to calculate emissions and other 

relevant data for the reports that are 

submitted by September 28, 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 are 

primarily technical corrections that 

provide clarifications regarding the 

existing regulatory requirements, or 

reduce the amount of information that is 

required to be reported. The proposed 

amendments do not change the type of 

information that must be collected, and 

do not materially affect how emissions 

are calculated. 

In the case of 40 CFR part 98, subpart 

A (subpart A), the proposed amendment 

is merely a harmonizing change to a 

technical correction finalized in 

February 2012 (see 77 FR 10373). That 

final amendment required reporters to 

calculate emissions of certain additional 

fluorinated heat transfer fluids under 

subpart I; however, the EPA 

inadvertently did not amend the 

corresponding requirement to include 

those calculated emissions in the annual 

GHG report. In this action, we are 

proposing to include these emissions 

from heat transfer fluids in the facility 

level totals reported to the EPA in the 

annual GHG report. 

In the case of 40 CFR part 98, subpart 

L (subpart L), the EPA is proposing that 

facilities subject to subpart L report 

greenhouse gas emissions in a less 

detailed manner for Reporting Years 

2011 and 2012. This proposed 

amendment is a temporary change (i.e., 

for years 2011 and 2012 only) to allow 

the EPA time to fully evaluate concerns 

recently raised by stakeholders that 

reporting, and subsequent EPA release, 

of certain emission data would reveal 

trade secrets. 

In the case of 40 CFR part 98, subpart 

W (subpart W), the EPA concludes that 

these proposed amendments are all 

technical corrections that, while 

important to make to allow reporters to 

calculate emissions accurately, do not 

materially affect the actions facilities 

would have already undertaken to 

comply with the rule. For example, in 

this action, EPA is proposing a 

correction to the emission factors in 

Table W–1A of subpart W for the 

onshore petroleum and natural gas 

production segment. In the December 

23, 2011 final rule (76 FR 80554, 

December 23, 2011, referred to 

hereinafter as the ‘‘December 2011 final 

rule’’), the EPA revised several of the 

emission factors in this table, along with 

the emission factors in other tables in 

subpart W to reflect a consistent 

standard temperature and pressure. In 

the process of converting specific 

emission factors within Table W–1A of 

subpart W an omission occurred that we 

are proposing to correct in this action. 

As stated previously, a proposed change 

such as this would not materially affect 

the actions a facility would undertake to 

comply with the rule. 

In the case of 40 CFR part 98, subpart 

TT (subpart TT), this proposal excludes 

some facilities from the reporting 

requirements and thereby further 

reduces the reporting under the GHG 

Reporting Rule. These excluded 

facilities are not expected to emit GHGs 

since they only receive inert wastes that 

do not generate methane. 

For additional background 

information regarding some of these 

amendments, please refer to the 

Technical Support Document for the 

2012 Technical Corrections, Clarifying 

and Other Amendments to Certain 

Provisions of the Greenhouse Gas 

Reporting Rule proposal available in the 

docket for this rulemaking (EPA–HQ– 

OAR–2011–0147). 

The EPA generally seeks comment on 

the EPA’s conclusion that it would be 

appropriate to implement these 

proposed amendments and incorporate 

the requirements for the data that must 

be reported to the EPA by September 

2012. Further, we seek comment on 

whether there are specific proposed 

changes for which this timeline may not 

be feasible or appropriate. We request 

that commenters provide specific 

examples of how the proposed 

implementation schedule would or 

would not be feasible. 

E. How would these amendments affect 

confidentiality determinations? 

The proposed amendments do not 

affect the confidentiality determinations 

for subpart A data elements finalized in 

the Final CBI rule,2 (hereinafter referred 

to as the ‘‘final CBI rule’’), the proposed 

determinations for subpart W 3 and 

subparts L and TT,4 or the proposed or 

final deferral rule(s) extending the 

reporting deadlines for the data 

elements in these subparts that are as 

assigned to the inputs to emission 

equations data category.5

In this notice, we are proposing 

confidentiality determinations for 

proposed new subpart L data elements. 

The proposed confidentiality 

determinations for these new data 

elements together with our rationale are 

discussed in detail in Section II.D.3 of 

this preamble. 

There are no proposed determinations 

for subparts A, W, and TT, since the 

proposed amendments to those subparts 

do not include any proposed new data 

elements. The proposed amendments 

would delete an existing subpart W data 

element and make only minor 

clarifications to the existing reporting 

requirements in subpart W. For the 

Subpart A proposed amendments, we 

are not proposing any confidentiality 

determinations because the data 

element being added is a subset of 

another data element in subpart I for 

which we’ve already proposed a CBI 

determination. This is explained in 

further detail in Section II.A.3 of this 

preamble. There are no proposed 

amendments to the reporting 

requirements for subpart TT. 

II. Technical Corrections, Clarifying 

and Other Amendments 

The EPA has identified minor 

corrections, clarifying and other 

amendments that we are now proposing 

in this action. We have also identified 

certain rule provisions that we are 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29939 

6See 77 FR 10434, February 22, 2012. 

proposing to amend 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. 

• 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. 

• Amendment to Table A–7 to 

subpart A to add a Subpart L data 

element used as an input to an emission 

equation that was inadvertently omitted 

in the final deferral rule. 

• 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 proposed rule for the identified 

subparts. We will not consider, through 

this notice and comment process, 

comments that are outside the scope of 

this proposed rule. 

A. Subpart A—General Provisions 

1. Background 

In today’s rule, we are proposing a 

few minor amendments to the general 

reporting requirements of 40 CFR 

98.3(c)(4) of subpart A. These changes 

relate to reporters that would be 

reporting under the electronics 

manufacturing source category (40 CFR 

part 98, subpart I; hereinafter referred to 

as ‘‘subpart I’’). We are also proposing 

an amendment to Table A–7 to subpart 

A to add a Subpart L data element used 

as an input to an emission equation that 

was inadvertently omitted in the final 

deferral rule. 

For subpart I, the proposed change 

clarifies the GHGs that should be 

reported in the annual GHG report (40 

CFR 98.3(C)(4)). This proposed change 

follows the amendments to reporting 

requirements for heat transfer fluids 

(fluorinated HTFs) that were published 

on February 22, 2012 (77 FR 10373). In 

that rule, the EPA amended the 

definition of fluorinated HTFs to specify 

that the lower vapor pressure limit 

clause in the subpart A definition of 

fluorinated GHG did not apply to 

fluorinated HTFs in subpart I beginning 

in reporting year 2012 (40 CFR 98.98). 

2. Proposed Amendments 

Section 98.3(c)(4) of subpart A 

specifies the types of data and format for 

reporting emissions in the annual GHG 

reports (e.g., annual emissions from 

each source category by GHG). Without 

the proposed change to conform the 

subpart I requirements for fluorinated 

HTFs with subpart A, reporters are 

required to calculate emissions of 

fluorinated HTFs under subpart I but 

report only a subset of them in their 

annual report totals under subpart A. 

The proposed amendment to subpart A 

specifies that facilities subject to subpart 

I must include all fluorinated HTFs in 

the computation of CO2e that is required 

by 40 CFR 98.3(c)(4)(i). Facilities must 

report each fluorinated HTF that is also 

a fluorinated GHG under 40 CFR 

98.3(c)(4)(iii)(E) and each fluorinated 

HTF that is not a fluorinated GHG in the 

newly proposed data element, 40 CFR 

98.3(c)(4)(iii)(F). Today’s proposed 

change is a harmonizing modification to 

clarify how facilities subject to subpart 

I would report the emissions from 

fluorinated heat transfer fluids, as 

required by the February 22, 2012 

amendments to subpart I. The EPA 

determined that this change would 

simplify reporting for facilities and 

reduce burden by amending subpart A 

to be consistent with the requirements 

in subpart I. 

The EPA is proposing to make this 

change effective for reporting year 2012. 

Given that facilities are already required 

to calculate emissions of fluorinated 

HTFs under subpart I, reporters will 

already have the necessary data to 

comply with the proposed amendments. 

Table A–7 to subpart A of Part 98 lists 

the inputs to emission equations whose 

reporting deadlines are currently 

deferred until March 31, 2015. In the 

final deferral, the data element, ‘‘the 

mass of each fluorine-containing 

product produced by the process’’ (40 

CFR 98.126(b)(7)) was inadvertently 

omitted from Table A–7 of subpart A. 

This data element is an input to an 

equation because it is used in Equation 

L–6. Thus, we are proposing to amend 

Table A–7 to subpart A to include this 

input and hence, defer its reporting 

deadline until March 31, 2015. 

3. Overview and Approach to Proposed 

CBI Determinations 

The proposed changes to subpart A do 

not affect the proposed confidentiality 

determinations for subpart A or I data 

elements or the proposed deferral of the 

deadline for reporting inputs to 

emission equations (February 22, 2012, 

77 FR 10434; Mandatory Reporting of 

Greenhouse Gases Rule: Confidentiality 

Determinations and Best Available 

Monitoring Methods Provisions, 

hereinafter referred to as the ‘‘February 

22, 2012 CBI rule’’). 

As discussed in Section II.A.2 of this 

preamble, the EPA is proposing to add 

a data element in Subpart A 

(98.3(c)(4)(iii)(F)). This additional data 

element is a harmonizing change that 

makes the subpart A requirements 

consistent with the recently finalized 

February 22, 2012 subpart I 

amendments. To that end, the 

information that would be reported 

under the proposed new data element in 

subpart A is a subset of the information 

to be reported under the data element 

98.96(c)(4), which the EPA proposed to 

be non-confidential by assigning it to 

the ‘‘Emissions’’ category in a recent 

action.6 Since the information proposed 

under Subpart A in today’s action is a 

subset of the information to be reported 

under 98.96(c)(4), the confidentiality 

determination proposed for that subpart 

I data element applies to the subpart A 

data element proposed in this action. As 

a result, we are not proposing a 

confidentiality determination for the 

new subpart A data element in this 

action. 

B. Subpart TT—Industrial Waste 

Landfills 

1. Background 

In this action we are proposing one 

correction to the provisions of subpart 

TT to exclude certain facilities that only 

receive inert waste from reporting 

requirements under the GHG Reporting 

Rule. This proposed amendment would 

ensure that landfills that are not 

expected to emit GHGs are excluded 

from reporting requirements under this 

subpart. 

2. Proposed Amendment 

We are proposing one technical 

amendment to subpart TT to address 

questions received about applicability of 

the subpart to industrial waste landfills 

that receive only inert wastes. In subpart 

TT, the volatile solids concentration is 

used as a surrogate for determining 

degradable organic carbon (DOC) 

content of a waste material [40 CFR 

98.464(b)(4)(ii)]. In 40 CFR 

98.460(c)(xii), the EPA provides an 

exclusion for those facilities that receive 

inert waste materials ‘‘with a volatile 

solids concentration of 0.5 weight 

percent (on a dry basis) or less.’’ 

However, some landfill owners or 

operators test their waste stream to 

determine directly waste-specific 

degradable organic content. These tests, 

when performed as described in 40 CFR 

98.464(b)(4)(i)(A) of the rule, can 

provide a more accurate DOC value than 

calculating organic content from volatile 

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solids. Therefore, to ease reporting 

burden on those facilities that receive 

inert waste but calculate DOC directly, 

we propose to add a direct DOC value 

exclusion as 40 CFR 98.460(c)(2)(xiii). 

This exclusion would be provided in 

weight percent on a wet basis because 

this is consistent with the units for 

DOC. 

3. Overview and Approach to Proposed 

CBI Determinations 

This proposed amendment to subpart 

TT is not expected to affect the 

proposed confidentiality determinations 

for subpart TT data elements or the 

proposed deferral of the deadline for 

reporting of inputs to emission 

equations (January 10, 2012, 77 FR 

1434; Proposed Confidentiality 

Determinations for Data Elements Under 

the Mandatory Reporting of Greenhouse 

Gases Rule and Amendments to Table 

A–6 to Subpart A of Part 98, of the 

Greenhouse Gas Reporting Rule, 

hereinafter referred to as the January 10, 

2012 CBI rule.) 

C. Subpart W—Petroleum and Natural 

Gas Systems 

1. Background 

In this action, the EPA is proposing 

minor corrections and clarifying 

amendments to certain provisions to 

assist facilities with implementing 

existing rule requirements. We are 

proposing technical corrections to 

provisions in subpart W for calculating 

and reporting greenhouse gas emissions, 

as well as several emission factors in 

associated tables. Since publication of 

subpart W in November 2010, the EPA 

amended subpart W on December 23, 

2011, (76 FR 80554). That notice 

included technical corrections and 

clarifications designed to increase 

flexibility, provide needed clarification 

regarding applicability, and to address 

specific errors in equations and 

citations. This proposal complements 

that action and is not intended to 

duplicate or replace the amendments 

published on December 23, 2011. 

Many of the corrections in the 

December 23, 2011 action were the 

result of internal review by the EPA, as 

in the case of the correction to the 

calculation methodology for estimating 

emissions from gas well venting during 

completions and workovers using 

hydraulic fracturing. Onshore petroleum 

and natural gas facilities subject to 

subpart W are required to report 

emissions resulting from this emission 

source using one of three methods in the 

December 23, 2011 rule. The first 

method relies on installation of a 

recording flow meter on the vent line 

(upstream of a flare or vent if used) to 

measure the flowback rate for 

representative wells in each gas 

producing sub-basin category and well 

type combination. The second method 

is based on engineering equations to 

calculate the well flowback during well 

completions and workovers from 

hydraulic fracturing. The last method 

applies to facilities that are already 

measuring the flowback volumes during 

gas well completions or workovers 

within a given sub-basin and well type 

combination. 

Following the EPA’s review of this 

emission source, and method two in 

particular, we determined that 

correction was needed to Equations W– 

11A and W–11B to convert the resultant 

flow rate (parameter FR) into standard 

conditions instead of the resultant 

actual conditions as written. Without 

this conversion, the calculated flow 

volumes in Equations W–11A and W– 

11B would incorrectly result in actual 

conditions instead of standard 

conditions, which is necessary for input 

into Equations W–12 and W–10A. In 

this action, the EPA is proposing to 

include a correction to convert the flow 

rate determined in Equation W–11A and 

W–11B to standard conditions through 

the use of Equation W–33. 

2. Proposed Technical Corrections 

EPA is proposing several technical 

corrections and amendments to subpart 

W to correct equations and otherwise 

clarify provisions in the rule to ensure 

consistency across the calculation, 

monitoring, and reporting requirements 

in subpart W and thereby facilitate 

reporting. 

This section describes the EPA’s 

proposed corrections for subpart W. 

Calculating Greenhouse Gas 

Emissions. The EPA is proposing several 

clarifications, corrections, and 

amendments throughout 40 CFR 98.233. 

These proposed changes are intended to 

clarify terms, correct references, and 

remove extraneous terms. 

Dehydrator Vents. The EPA is 

proposing to amend Equation W–6 in 40 

CFR 98.233(e)(5) by removing a factor of 

1000 from the denominator so that the 

calculated emissions will result in 

standard cubic feet rather than thousand 

standard cubic feet. 

Well Venting for Liquids Unloading. 

The EPA is proposing to provide 

reporters with the option to take and use 

more than the prescribed number of 

sample measurements per unique well 

tubing diameter and pressure group 

combination per sub-basin. The EPA 

notes that this would not change the 

burden to reporters, and still only 

would require that one sample per 

unique well tubing diameter and 

pressure group combination be taken, 

but would allow reporters to account for 

any additional samples that they may 

have already taken. 

The EPA is proposing to amend 

Equation W–7 in 40 CFR 98.233(f)(1) by 

changing the parameter ‘‘FRp’’ to ‘‘FR’’ 

in both Equation W–7 and in the 

definition to avoid confusion. As 

previously written, the equation could 

be interpreted to imply that the flow 

rate should be measured for all wells, as 

‘‘p’’ refers to all wells in a pressure 

group and tubing group combination; 

rather, the intention of the equation is 

to calculate the flow rate for at least one 

well in each tubing and pressure group 

combination within a sub-basin. 

Removing the subscript ‘‘p’’ from the 

parameter and revising the parameter 

definition accordingly clarifies that the 

measurement is not for all wells. Also 

in Equation W–7, the EPA is proposing 

to amend the parameter Tp and its 

definition to clarify that it refers to the 

cumulative amount of time in hours for 

venting of each well as opposed to the 

time for the well(s) that were measured. 

The EPA is proposing to update 

Equation W–8 in 40 CFR 98.233(f)(2) by 

revising the definition of parameter SPp

to clarify that the reporter must take a 

ratio of casing to tubing pressure. The 

EPA is further updating Equation W–8 

and also Equation W–9 in 40 CFR 

98.233(f)(3) by replacing the subscript 

‘‘q’’ with ‘‘p’’ in parameter SFR to match 

the definition of parameter SFRp. 

Finally, for Equations W–8 and W–9, 

the EPA is clarifying that the terms Vp 

and HRp,q are to be monitored per 

unloading event. 

Gas Well Venting During Completions 

and Workovers from Hydraulic 

Fracturing. The EPA reviewed Equation 

W–11A, which calculates a flow rate for 

subsonic flow, and Equation W–11B, 

which calculates a flow rate for sonic 

flow. These equations are intended to 

calculate flow of gas following 

hydraulic fracturing of gas wells 

through a choke at the wellhead. The 

EPA determined that the equations as 

presented in the final rule are correct. 

However, it may not be clear in the 

December 2011 final rule that the output 

from Equations W–11A and W–11B are 

at actual conditions, i.e., subsonic and 

sonic flow conditions and that a 

conversion of the results from Equation 

W–11A and W–11B to standard 

conditions is required prior to use in 

Equation W–12. Omitting the step of 

converting actual to standard conditions 

results in a lower flowrate output from 

Equation W–11A or Equation W–11B, 

which corresponds to a lower emissions 

calculation in Equation W–10A. In this 

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proposed rule, EPA proposes to add a 

reference to 40 CFR 98.233(t) in the 

parameter definition FRs,p to convert FRa

to standard conditions. Furthermore, to 

eliminate this potential ambiguity and 

make the equations more explicit, the 

EPA is proposing to insert the word 

‘‘actual’’ in the definition of flow rate, 

FR, and also add a subscript ‘‘a.’’ 

Finally, EPA proposes to clarify the 

definition of orifice cross sectional area, 

‘‘A’’ to state ‘‘Cross sectional open area 

of the restriction orifice (m2).’’ 

The EPA is proposing to clarify that 

the flow volume variable FVs,p in 

Equation W–10B is at standard cubic 

feet, which is a volume unit as opposed 

to the standard cubic feet per hour flow 

rate unit in the December 2011 final 

rule. Although the engineering 

equations in subpart W more commonly 

use flow rates as units of measurement, 

the use of flow volumes in equation W– 

10B is similar to the use of flow volume 

in 40 CFR 98.233(n), which includes 

provisions for reporters to calculate 

their flow volumes in standard cubic 

feet as opposed to a cubic feet per hour 

flow rate value. 

Finally, the EPA is proposing to 

provide reporters with the option to take 

and use more than the prescribed 

number of sample measurements per 

sub-basin and well type (horizontal or 

vertical). As described above for a 

similar proposed amendment for well 

venting for liquids unloading, the EPA 

notes that this would not change the 

burden to reporters, but would allow 

reporters to account for any additional 

samples that they may have already 

taken. 

Gas Well Venting During Completions 

and Workovers Without Hydraulic 

Fracturing. The EPA is proposing 

amendments to clarify that the output of 

Equation W–13 is a sum of emissions 

from all completions and workovers 

without hydraulic fracturing within a 

sub-basin. 

Blowdown Vent Stacks. The EPA is 

proposing to revise the nomenclature of 

two terms in Equations W–14A and W– 

14B. First, the EPA is revising the 

parameter ‘‘Es,n’’ in the parameter 

description to match the term in the 

Equation W–14B. Second, the EPA is 

revising the term ‘‘Ta’’ to ‘‘Ta,p’’ in 

Equation W–14B to clarify the intent of 

the equation, which allows the reporter 

to input the temperature in actual 

conditions for each blowdown event 

‘‘p.’’ 

Onshore Production Storage Tanks. 

The EPA is proposing to revise 40 CFR 

98.233(j)(5) to clarify that the term 

‘‘throughput’’ refers to ‘‘average daily 

throughput of oil’’ consistent with 

similar changes made elsewhere in 40 

CFR 98.233(j) during the December 23, 

2011 technical corrections final rule. 

The EPA is also proposing to revise the 

definition of ‘‘Count’’ in Equation W–15 

of 40 CFR 98.233(j)(5) to clarify that the 

reporters are to only count the 

separators or wells that feed oil directly 

to the storage tank. The count should 

not include separators that feed oil to 

other separators. The EPA is also 

proposing to revise the parameter 

definition of ‘‘1000’’ to accurately 

describe the conversion occurring 

through this parameter. 

Well Testing Venting and Flaring. The 

EPA is proposing to revise the definition 

of ‘‘PR’’ in Equation W–17B of 40 CFR 

98.233(l)(3) to clarify that the 

production rate is in actual and not 

standard conditions. 

Flare Stack Emissions. The EPA is 

proposing to remove and reserve 40 CFR 

98.233(n)(7) to harmonize the language 

with the reporting requirements in 40 

CFR 98.236, which requires emissions 

to be reported separately for combusted 

CO2, uncombusted CO2, and 

uncombusted CH4. This deletion would 

remove an undesired calculation. 

Centrifugal and Reciprocating 

Compressors. The EPA is proposing to 

make technical corrections to Equations 

W–23, W–24, W–27, and W–28 to 

provide the proper notation for the 

summations in those equations so that 

owners and operators may correctly 

calculate GHG emissions from 

centrifugal and reciprocating 

compressors. Although EPA recognizes 

that additional clarifications to the 

definitions in the parameters to these 

equations could be helpful to owners 

and operators, the EPA has not 

proposed any substantive changes in 

this action. This is because, following 

the publication of subpart W in the 

Federal Register in 2010, several 

industry groups requested 

reconsideration of several provisions in 

the final rule, including the 

reciprocating and centrifugal 

compressor monitoring requirements. At 

present, we are merely making technical 

corrections to the existing equations in 

the rule, and are not granting 

reconsideration of the compressor 

requirements or any other issues raised 

in those petitions for reconsideration in 

this action. We will consider the 

compressor monitoring requirements at 

a later time. 

Finally, the EPA is proposing to revise 

the definition of parameter EFi in 

Equation W–25 in 40 CFR 98.233(o)(7) 

by deleting the term ‘‘thousand’’ to 

eliminate an unnecessary unit 

conversion. 

Population Count and Emission 

Factors. We are also proposing to amend 

an incorrect reference in 40 CFR 

98.233(r)(2) to ‘‘Table W–1A’’ to Subpart 

A of Part 98 instead of ‘‘Table 1–A.’’ 

Finally, in 40 CFR 98.233(r)(6)(ii), we 

are proposing to revise the term ‘‘meter 

or regulator’’ and replace it with ‘‘meter/ 

regulator,’’ for consistency with the term 

prescribed in the definition in 40 CFR 

98.238. 

Volumetric emissions. The EPA is 

proposing to revise 40 CFR 98.233(t) to 

clarify that reporters do not need to alter 

their calculation results to standard 

conditions if the results already reflect 

standard conditions. 

GHG mass emissions. The EPA is 

proposing to revise the definition of 

parameter ‘‘ri’’ in Equation W–36 to 

amend the density value of CH4 to be 

0.0192 kg/ft3 in Equation W–36. The 

current density value of 0.04220 is the 

density of CH4 in lb/ft3. In the required 

units of kg/ft3, the density value for CH4

should be 0.0192 kg/ft3. 

Onshore Production and Distribution 

Combustion Emissions. The EPA is 

proposing to replace the parameter 

‘‘ECO2’’ with ‘‘Ea,CO2’’ in the parameter 

definition for Equation W–39A in 40 

CFR 98.233(z)(2)(iii) to match the 

parameters in the equation. Finally, the 

EPA is proposing to revise the definition 

of ‘‘HHV’’ in 40 CFR 98.233(z)(2)(vi) to 

reflect the correct term represented by 

the acronym. 

Data Reporting Requirements. The 

EPA is proposing amendments to 

specific provisions within 40 CFR 

98.236. These changes are intended to 

clarify terms, correct references, and 

remove extraneous terms. 

First, the EPA is proposing to amend 

40 CFR 98.236(c)(5)(ii)(D) to clarify that 

the average internal casing diameter of 

all wells, as opposed to each well, must 

be reported. 

Second, we propose to amend 40 CFR 

98.236(c)(9) by removing the text, 

‘‘using optical gas imaging instrument 

per 40 CFR 98.234(a) (refer to 40 CFR 

98.233(k)), or acoustic leak detections 

of.’’ This is because 40 CFR 98.233(k) 

allows the use of several monitoring 

methods for determining tank vapor 

vent stack emissions. The text in 40 CFR 

98.236(c)(9) limits the reporters to 

optical gas imaging and acoustic leak 

detection, which is misleading. 

The EPA is also proposing to amend 

40 CFR 98.236(c)(13)(iii)(C) to correct 

for an error in the units associated with 

emissions from isolation valve leakage 

for centrifugal compressors measured 

using provisions in 40 CFR 98.233. 

Specifically, EPA is proposing to 

replace the units of ‘‘cubic feet per 

hour’’ with ‘‘metric tons of CO2e for 

each gas’’ to align the units of this data 

reporting element to those of the general 

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7 Greenhouse gas emissions are currently required 

to be reported by chemical for each fluorinate gas 

production process, each fluorinated gas 

transformation process that is not part of a 

fluorinated gas production process, each fluorinate 

gas destruction process that is not part of a 

fluorinated gas production or transformation 

process, and venting of residual fluorinated GHGs 

(heels) from containers returned from the field (40 

CFR 98.126(a)(2)). 

provisions of Part 98, 40 CFR 

98.3(c)(4)(i), which require reporting of 

annual emissions in units of mass in 

metric tons of CO2e. EPA seeks 

comment on this proposed amendment 

to correct the units for this data 

reporting element. 

Next, the EPA is proposing to amend 

40 CFR 98.236(c)(15)(i)(B) by updating 

the incorrect reference to ‘‘Equation W– 

30’’ to read ‘‘Equation W–30A.’’ 

Similarly, the EPA is proposing to 

amend 40 CFR 98.236(c)(15)(i)(C) by 

updating the incorrect reference to 

Equation W–30 to read Equation W– 

30A. In 40 CFR 98.236(c)(15)(i)(C), the 

EPA proposes to delete the unnecessary 

reference to ‘‘parameter GHGi.’’ 

In 40 CFR 98.236(c)(15)(ii)(A), the 

EPA is proposing to remove the text 

references to ‘‘(a)(4)’’ and ‘‘W–3’’ 

because the reporting requirements for 

pneumatic devices are already covered 

under 40 CFR 98.236c)(1) and making 

this reference unnecessary. Similarly, 

the EPA is proposing to delete the 

reference to ‘‘(a)(8)’’ because the 

reporting requirements for population 

counts in the natural gas distribution 

industry segment are already covered 

under 40 CFR 98.236(c)(16). 

Finally, the EPA is proposing to 

delete ‘‘and CH4’’ from the reporting 

requirements for EOR injection pumps 

in 40 CFR 98.236(c)(17)(v). The EPA 

clarified through the December 23, 2011 

final rule that only CO2 emissions must 

be calculated from EOR injection pump 

blowdowns (76 FR 80565). Although the 

calculation requirements were clarified 

in that rule, the harmonizing change 

was not made to remove CH4 from the 

data reporting requirements. This 

proposed change would make the data 

reporting requirements consistent with 

the calculation procedures in Equation 

W–37. 

Emission Factor Tables. First, we are 

proposing to revise the incorrect title of 

Table W–1A of subpart W by deleting 

‘‘Table A–1A’’ and correcting it to 

‘‘Table W–1A.’’ 

In the December 2011 technical 

corrections final rule (76 FR 80592), the 

emission factors were converted from a 

standard temperature of 68 °F to a 

standard temperature of 60 °F. The EPA 

inadvertently used an incorrect 

intermediary version of Table W–1A to 

convert the emission factor. In this 

proposed rule, the EPA is proposing to 

rectify the emission factors in Table W– 

1A using the correct version of Table 

W–1A from the November 2010 rule. 

We note that the EPA did receive 

technical comments on the actual 

default emission factor values in Table 

W–1A in the December 2011 technical 

corrections final rule (see the Response 

to Comments document for the final 

rule, comment number EPA–HQ–OAR– 

2011–0147–0016, Excerpt 30). This 

proposed action merely proposes to 

correct the error that resulted in 

December 2011 from use of an incorrect 

intermediary table when the emission 

factors were converted from a standard 

temperature of 68 °F to a standard 

temperature of 60 °F. As stated in the 

Response to Comments document 

referenced above, the EPA may consider 

substantive changes to the default 

factors for future rulemakings. 

The EPA made changes to the 

emission factors for the Eastern United 

States in December 2011 as result of 

comments on the calculation performed 

to derive these numbers. Similar 

changes were required for the 

pneumatic devices in the Western 

United States but were inadvertently not 

made in the December 2011 final rule. 

Therefore, the EPA is proposing to make 

a similar change to the pneumatic 

device emission factors for the Western 

United States. 

Finally, we are proposing to amend 

Table W–5 to provide the crossreference for footnote 2, by adding a 

reference associated with footnote 2 to 

Vapor Recovery Compressor. 

3. Overview and Approach to Proposed 

CBI Determinations 

In this action, the EPA is proposing a 

small number of revisions to the data 

reporting requirements affecting subpart 

W reporters. Specifically, in this action, 

the EPA is proposing to make the 

following amendments: 

• 40 CFR (c)(5)(ii)(D) to clarify that 

the average internal casing diameter 

must be reported for all wells, as 

opposed to each well. 

• 40 CFR 98.236(c)(9) to align the 

reporting requirements with the 

corresponding calculation 

methodologies in 40 CFR 98.233(k) by 

removing erroneous text. 

• 40 CFR 98.236(c)(13)(iii)(C) to 

correct the units of the reporting 

requirements. 

• 40 CFR 98.236(c)(15)(i)(B) and (C) 

to remove incorrect references and 

citations. 

• 40 CFR 98.236(c)(15)(ii)(A) to 

remove unnecessary text which if not 

removed results in redundancy for 

reporters. 

• 40 CFR 98.236(c)(17)(v) to remove 

reporting of CH4 to make the reporting 

requirements consistent with the 

calculation procedures. 

For these data elements, the EPA 

proposed confidentiality determinations 

(for non-inputs), and deferral of 

reporting (for inputs) in a proposed 

action, Proposed Confidentiality 

Determinations for the Petroleum and 

Natural Gas Systems Source Category, 

and Amendments to Table A–7 of the 

Greenhouse Gas Reporting Rule, 

published on February 24, 2012 (77 FR 

11039). These five amendments are 

minor clarifications that do not change 

the general meaning of the data 

elements and therefore would not affect 

the determinations or deferrals 

proposed in that action. 

D. Subpart L—Fluorinated Gas 

Production 

1. Background 

In today’s rule, we are proposing that 

greenhouse gas emissions be reported in 

a less detailed manner for the initial two 

years of reporting under subpart L. The 

proposed changes pertain only to 

subpart L, and would be a temporary 

change (i.e., for reporting years 2011 

and 2012) to allow the EPA sufficient 

time to fully evaluate concerns recently 

raised by stakeholders that reporting 

and public availability of processspecific emissions of individual 

fluorinated GHGs may reveal trade 

secrets. Under subpart L, fluorinated gas 

producers are currently required to 

report greenhouse gas emissions by 

chemical for each process.7

On January 10, 2012, the EPA 

published proposed determinations 

regarding whether the Greenhouse Gas 

Reporting Program data elements in 

eight subparts of Part 98, including 

subpart L, would or would not be 

entitled to confidential treatment under 

the CAA (77 FR 1434). In that proposed 

rule, the EPA proposed that the 

chemical identities and quantities of the 

fluorinated GHG emissions at the 

process-level, reported under subpart L, 

are ‘‘emission data.’’ Under section 114 

of the CAA, ‘‘emission data’’ are not 

eligible for confidential treatment. 

Two commenters on that proposed 

rule, the American Chemistry Council 

and 3M Company, raised concerns that 

the release of certain data elements that 

the EPA proposed to classify as 

emission data, and that therefore would 

not be eligible for treatment as 

confidential business information, 

would reveal trade secrets. 3M noted 

that, due to the uniqueness of its 

production processes, it may be the only 

U.S. producer of fluorinated gases that 

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8This would include emisions from all 

fluorinated gas production processes, all fluorinated 

gas transformation processes that are not part of a 

fluorinated gas production process, all fluorinated 

gas destruction processes that are not part of a 

fluorinated gas production process or a fluorinated 

gas transformation process, and venting of residual 

fluorinated GHGs from containers returned from the 

field. 

has these trade secret concerns. No 

other producer of fluorinated gases 

individually raised these concerns in 

either the subpart L or CBI rulemakings. 

Both commenters stated that the 

disclosure of the identity and quantities 

of the fluorinated GHGs emitted at the 

process level, from either process vents 

or fugitive sources, would reveal 

sensitive information regarding 

individual chemical production 

processes. 3M stated that process-level 

emission data contain specific 

information on reactants, byproducts, 

and products that would provide 

competitors with a detailed 

understanding of 3M’s manufacturing 

process. They noted that competitors 

with knowledge of fluorine chemistry 

could use such information to identify 

the particular manufacturing pathways 

used by 3M. Competitors could then 

duplicate these processes without 

having to incur research and 

development costs, placing 3M at a 

competitive disadvantage. 

The American Chemistry Council and 

3M Company also expressed concern 

that the disclosure of the identity and 

quantity of emissions at the process 

level could violate export control 

regulations. Specifically, the 

commenters stated that the release of 

some data elements would make public 

information that is subject to Export 

Administration Regulations (EAR) and 

International Traffic in Arms 

Regulations (ITAR) that prohibit public 

disclosure for reasons of ‘‘national 

security, anti-terrorism, nuclear nonproliferation, and chemical and 

biological weapons security.’’ The 

commenters stated that the federal 

regulations not only control export of 

products, but also export of technical 

knowledge, such as the design of a 

product and production information, 

and that the release of process-level 

emission data may provide such insight 

into the design of a product or 

production information that is export 

controlled. The commenters stated that 

if the EPA attempted to protect exportcontrolled information from disclosure 

by implementing ‘‘an export control 

plan,’’ this would be in conflict with its 

position that emission data cannot be 

withheld from the public under the 

CAA. 

EPA needs additional time to fully 

evaluate whether these concerns are 

justified and how the rule might be 

changed to balance these concerns with 

the need to obtain the data necessary to 

inform the development of future GHG 

policies and programs. Specifically, 

EPA needs additional time to consider 

these comments, better understand 

whether the concerns raised are unique 

to one facility/manufacturer, and 

evaluate whether a two-track approach 

with different levels of reporting for 

different facilities would be feasible. 

Memorandum: Potential Future Subpart 

L Options in the docket to this 

rulemaking (EPA–HQ–OAR–2011–0147) 

describes some possible alternative 

reporting frameworks. EPA is currently 

in the process of evaluating whether the 

potential options described in the 

memorandum would generate an 

adequate data set upon which to inform 

the development of future GHG policies 

and programs. We seek comment on 

whether the options presented would 

address the concerns raised by 

commenters. Although EPA is seeking 

comment on the alternatives presented 

in this memorandum, any changes to 

Part 98 would be made through a 

separate proposed action, including 

accompanying proposed regulatory text 

changes. That proposal, should there be 

one, would also include proposed 

confidentiality determinations for any 

long-term proposed changes to the 

reporting requirements in subpart L. 

2. Proposed Amendments 

The EPA needs additional time to 

fully evaluate whether these concerns 

are warranted. As a result, we are 

proposing amendments that would 

apply for only reporting years 2011 and 

2012 to allow the EPA sufficient time to 

evaluate these concerns, and if needed, 

to make permanent changes to the rule. 

We are proposing a new reporting 

element for reporting years 2011 and 

2012, where owners and operators of 

facilities producing fluorinated gases 

would be required to report annual total 

facility-wide fluorinated GHG 

emissions, expressed in tons of CO2e.8

The facilities would not be required to 

report process level emissions or 

individual fluorinated GHGs for 

reporting years 2011 and 2012. These 

amendments would apply to subpart L 

only. These proposed amendments do 

not change any other requirements of 

Part 98, including the requirement that 

these data elements be retained as 

records in a form that is suitable for 

expeditious inspection and review 

(required for all Part 98 records by 40 

CFR 98.3(g)). 

This proposed action would not have 

any impact on the EPA’s final rule 

issued on August 25, 2011 (76 FR 

53057), which deferred the deadline for 

reporting subpart L data elements that 

are inputs to emission equations until 

March 31, 2015. The data elements 

listed in that action for which the 

reporting deadline was deferred until 

March 31, 2015 are still deferred until 

that date. For the data elements listed 

below, we are proposing in this action, 

that owners and operators of facilities 

producing fluorinated gases would not 

be required to submit the information 

until March 31, 2014 (unless the 

deferral of inputs action mentioned 

previously has already set forth a 

deferred reporting deadline of March 31, 

2015). 

• 40 CFR 98.3(c)(4)(iii) 

• 40 CFR 98.126 (a)(2), (a)(3), (a)(4), 

(a)(6),(b), (c), (d), (e), (f), (g), and (h). 

The data element at 40 CFR 

98.3(c)(4)(iii) is the subpart A reporting 

requirement that requires reporting of 

greenhouse gas emissions by chemical 

for each subpart. Again, reporting of this 

data element would be deferred for 

reporting year 2011 and reporting year 

2012 for subpart L only. 

With these proposed changes, 

fluorinated gas producers would report, 

under subpart L, only the data elements 

in 40 CFR 98.126(a)(5) (the methods 

used) and in proposed paragraph 40 

CFR 98.126(j) (for facility-level CO2e 

emissions) for reporting year 2011 and 

reporting year 2012. Consistent with 40 

CFR 98.126(e), a facility would need to 

include the excess emissions, converted 

to CO2e, that result from malfunctions of 

the destruction device when reporting 

total facility CO2e under 40 CFR 

98.126(j). However, as noted in 40 CFR 

98.126(j), these excess emissions would 

not need to be reported separately but 

would be included in the facility-wide 

CO2e reported. While reporters are still 

reporting 98.126(a)(5), we are proposing 

to amend this reporting element to 

require facilities to report the methods 

used to determine emissions at a 

facility-level rather than linking each 

method to a particular process. 

We note that the data elements in 40 

CFR 98.122(a) and (b) refer to reporting 

of GHGs under subpart C of part 98, 

General Stationary Fuel Combustion 

Sources, and the reporting of fluorinated 

GHGs under subpart O of part 98, 

HCFC–22 Production and HFC–23 

Destruction, respectively, and we are 

not proposing to change them through 

this action. 

To convert fluorinated GHG emissions 

into CO2e, the EPA is proposing that 

facilities use Equation A–1 of subpart A. 

For fluorinated GHGs that do not have 

a GWP listed in Table A–1, facilities 

would be required either to use a default 

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29944 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 

9This is part of the provision of subpart L that 

allows facilities to request to use provisional GWPs 

to calculate whether they must use stack testing to 

establish an emission factor for a vent. Note that 

EPA is not proposing to approve best-estimate 

GWPs under this action. 

10 76 FR 30782, May 26, 2011. 

11The CBI determinations of these data categories 

were finalized in the Final CBI Rule (May 26, 2011, 

76 FR 30782). 

GWP or to use their best estimate of the 

GWP, based on the information 

described in 40 CFR 

98.123(c)(1)(vi)(A)(3).9 The default GWP 

used would depend on the type of 

fluorinated GHG. For fully fluorinated 

GHGs, the default GWP would be 

10,000, which is based on the average 

GWP of the fully fluorinated GHGs on 

Table A–1. For the purposes of subpart 

L, EPA is proposing to define ‘‘fully 

fluorinated GHGs’’ as ‘‘fluorinated 

GHGs that contain only single bonds 

and in which all available valence 

locations are filled by fluorine atoms. 

This includes but is not limited to 

saturated perfluorocarbons, SF6, NF3, 

SF5CF3, fully fluorinated linear, 

branched and cyclic alkanes, fully 

fluorinated ethers, fully fluorinated 

tertiary amines, fully fluorinated 

aminoethers, and perfluoropolyethers.’’ 

For other fluorinated GHGs, the default 

GWP would be 2,000, which is based on 

the average GWP of the other 

fluorinated GHGs on Table A–1. EPA is 

proposing to distinguish between fully 

fluorinated GHGs and other fluorinated 

GHGs because the former have 

significantly longer lifetimes and higher 

GWPs than the latter. EPA requests 

comment on the proposed definition of 

fully fluorinated GHGs and on the 

default GWPs. 

We are proposing to add three new 

data elements that, if a facility used one 

or more default or best-estimate GWPs, 

it would be required to report the shares 

of its CO2e emissions that were 

respectively based on the default and/or 

best estimate GWPs. This would enable 

the EPA to understand the potential 

impact of the default or best estimate 

GWPs on the overall estimated 

emissions of the facility. We are 

proposing that, facilities using best 

estimate GWPs be required to keep the 

GWPs, along with the data and analysis 

that were used to develop the GWPs, as 

records. 

The EPA requests comment on the 

approach for assigning GWPs to 

fluorinated GHGs without GWPs on 

Table A–1. If commenters believe that 

another method should be used for 

calculating GWP values for chemicals 

not listed in Table A–1, they should 

provide details and rationale for the 

specific method that they recommend. 

The EPA is proposing that the 

amendments described above apply for 

reporting year 2011 and reporting year 

2012. Because the deadline for reporting 

year 2012 reporting is March 31, 2013, 

just six months after the reporting year 

2011 reporting deadline, the EPA has 

determined that making these proposed 

amendments effective for two reporting 

years would allow sufficient time to 

fully evaluate the concerns raised as 

well as, if needed, make a permanent 

change to the rule. The EPA requests 

comment on whether these amendments 

should apply for only reporting year 

2011 rather than for reporting year 2011 

and reporting year 2012. 

Because only one company raised 

concerns that reporting process-specific 

emissions by chemical would reveal 

trade secrets, the EPA is also requesting 

comment on giving fluorinated gas 

producers the option to report all of the 

subpart L data elements that are 

currently subject to a September 2012 

reporting deadline. Fluorinated gas 

producers that have established tracking 

and reporting systems based on the 

current rule would then be able to 

report based on their current systems. 

At the same time, this approach would 

preserve chemical-by-chemical 

reporting at the process level where 

companies decide to report in this 

manner. 

3. Overview and Approach to Proposed 

CBI Determinations 

As discussed in Section II.D.2 of this 

preamble, the EPA is proposing 

amendments that would apply to 

subpart L for reporting years 2011 and 

2012. Owners and operators would be 

required to report the facility’s 

fluorinated GHG emissions only as an 

annual total expressed as CO2e 

emissions as well as the shares of those 

emissions that were based on the default 

and/or best estimate GWPs. 

The proposed amendment includes 

addition of these four reporting 

elements, which are listed below in 

Table 2 of this preamble.10

TABLE 2—PROPOSED REPORTING DATA ELEMENTS AND CONFIDENTIALITY DETERMINATIONS

Citation Data element Proposed data category 

(finalized CBI determination 11) 

1. 98.126(j)(3) .................. You must report the total fluorinated GHG emissions of the facility, expressed in tons of CO2e.Emissions (Emission Data: Made available to the 

public). 

2. 98.126(j)(3)(ii) .............. Provide the total annual emissions across fluorinated GHGs for 

the entire facility, in metric tons of CO2e, that were calculated 

using the default GWP of 2000.

Emissions (Emission Data: Made available to the 

public). 

3. 98.126(j)(3)(iii) ............. Provide the total annual emissions across fluorinated GHGs for 

the entire facility, in metric tons of CO2e, that were calculated 

using the default GWP of 10,000.

Emissions (Emission Data: Made available to the 

public). 

4. 98.126(j)(3)(iv) ............. Provide the total annual emissions across fluorinated GHGs for 

the entire facility, in metric tons of CO2e, that were calculated 

using your best estimate of the GWP.

Emissions (Emission Data: Made available to the 

public). 

In conjunction with the proposed 

addition of the four data elements 

identified above, we are proposing 

confidentiality determinations for these 

data elements. Because these four data 

elements describe emissions exhausted 

to the atmosphere, we are proposing to 

assign these proposed data elements to 

the ‘‘Emissions’’ category. These 

proposed data elements are exactly the 

same type of data (i.e., information 

regarding the quantity of GHG emissions 

to the atmosphere) as all of the other 

data elements previously categorized in 

the ‘‘Emissions’’ data category in the 

Final CBI rule. As mentioned above, in 

the Final CBI rule, the EPA determined 

that the data elements in this data 

category are ‘‘emission data’’ under 

CAA section 114(c) and 40 CFR 

2.301(a)(2)(i). Since the proposed data 

elements are the same as the data 

elements previously finalized in the 

‘‘Emissions’’ data category, we propose 

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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29945 

that the determination applied to that 

category also applies to these four 

proposed data elements, and that these 

data elements would not be eligible for 

CBI treatment. 

As mentioned above, we are also 

proposing to amend the reporting 

requirement in 98.126(a)(5); however, 

the proposed amendment is a minor 

change in which facilities are reporting 

the methods used to determine 

emissions at a facility-level rather than 

linking each method to a particular 

process. Because the same information 

would be reported (without being linked 

to a particular process), this change does 

not affect the proposed confidentiality 

determination that was made for this 

data element in a recent proposal.12 As 

a result, we are not proposing a 

confidentiality determination for this 

data element. 

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 could potentially reduce 

the reporting burden by making the 

monitoring and reporting requirements 

more clear and to more closely conform 

to industry practices. However, the 

OMB has previously approved the 

information collection requirements for 

subparts A on October 30, 2009, subpart 

L on December 1, 2010, subpart W 

promulgated on November 30, 2010, 

subpart TT promulgated on July 12, 

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 the EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

Further information on the EPA’s 

assessment on the impact on burden can 

be found in the 2012 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 

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 subpart A 

promulgated on October 30, 2009; 

subpart TT promulgated on July 12, 

2010; subpart W promulgated on 

November 30, 2010, or subpart L 

promulgated on December 1, 2010. 

Based on the proposed amendments 

in his action, the EPA has provided 

clarity to address ambiguity in the rule 

provisions, and has proposed 

corrections where necessary to assist 

reporters in implementation of these 

subparts. 

Further, the 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, the EPA determined 

appropriate thresholds that reduced the 

number of small businesses reporting. In 

addition, the EPA conducted several 

meetings with industry associations to 

discuss regulatory options and the 

corresponding burden on industry, such 

as recordkeeping and reporting. Finally, 

the EPA continues to conduct 

significant outreach on the GHG 

reporting program and maintains an 

‘‘open door’’ policy for stakeholders to 

help inform the EPA’s understanding of 

key issues for the industries. 

D. Unfunded Mandates Reform Act 

(UMRA) 

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. For a more 

detailed discussion about how Part 98 

relates to existing state programs, please 

see Section II of the preamble to the 

final Greenhouse Gas Reporting Rule (74 

FR 56266, October 30, 2009). 

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, the 

EPA did consult with State and local 

officials or representatives of State and 

local governments in developing 

subparts A on October 30, 2009; subpart 

TT promulgated on July 12, 2010; 

subpart W promulgated on November 

30, 2010; and subpart L promulgated on 

December 1, 2010. A summary of the 

EPA’s consultations with State and local 

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29946 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 

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, the 

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, the EPA sought 

opportunities to provide information to 

Tribal governments and representatives 

during the development of the rules for 

subparts A on October 30, 2009; subpart 

TT promulgated on July 12, 2010; 

subpart W promulgated on November 

30, 2010, and subpart L promulgated on 

December 1, 2010. A summary of the 

EPA’s consultations with Tribal officials 

is provided Sections VIII.E 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 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action 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 

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 104– 

113 (15 U.S.C. 272 note) directs the EPA 

to use voluntary consensus standards in 

its regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the EPA decides not 

to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

the EPA is not considering the use of 

any voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

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: May 11, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 98—[AMENDED] 

1. The authority citation for part 98 

continues to read as follows: 

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

Subpart A—[Amended] 

2. Section 98.3 is amended by: 

a. Revising paragraph (c)(4)(i). 

b. Revising paragraph (c)(4)(iii)(E). 

c. Adding paragraph (c)(4)(iii)(F). 

d. Revising paragraph (c)(4)(vi). 

The revisions read as follows: 

§ 98.3 What are the monitoring, reporting, 

recordkeeping and verification 

requirements of this part? 

* * * * * 

(c) * * * 

(4) * * * 

(i) Annual emissions (excluding 

biogenic CO2) aggregated for all GHG 

from all applicable source categories, 

expressed in metric tons of CO2e 

calculated using Equation A–1 of this 

subpart. For electronics manufacturing 

(as defined in § 98.90), starting in 

reporting year 2012 the CO2e calculation 

must include each fluorinated heat 

transfer fluid (as defined in § 98.98) 

whether or not it is also a fluorinated 

GHG. 

* * * * * 

(iii) * * * 

(E) Each fluorinated GHG (as defined 

in § 98.6), including those not listed in 

Table A–1 of this subpart. 

(F) For electronics manufacturing (as 

defined in § 98.90), each fluorinated 

heat transfer fluid (as defined in § 98.98) 

that is not also a fluorinated GHG as 

specified under (c)(4)(iii)(E). This 

requirement applies beginning in 

reporting year 2012. 

* * * * * 

(vi) When applying paragraph (c)(4)(i) 

of this section to fluorinated GHGs and 

fluorinated heat transfer fluids, 

calculate and report CO2e for only those 

fluorinated GHGs and fluorinated heat 

transfer fluids listed in Table A–1 of this 

subpart. 

* * * * * 

3. Table A–7 to subpart A of part 98 

is amended by revising the entries for 

subpart L to read as follows: 

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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29947 

TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2015 

Subpart Rule citation (40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 

(‘‘All’’ means all data elements in the cited paragraph are not required to be reported 

until March 31, 2015) 

*******

L .................. 98.126(b)(1) ............................................... Only data used in calculating the absolute errors and data used in calculating the 

relative errors. 

L .................. 98.126(b)(2) ............................................... All. 

L .................. 98.126(b)(6) ............................................... Only mass of each fluorine-containing reactant fed into the process. 

L .................. 98.126(b)(7) ............................................... Only mass of each fluorine-containing product produced by the process. 

L .................. 98.126(b)(8)(i) ............................................ Only mass of each fluorine-containing product that is removed from the process and 

fed into the destruction device. 

L .................. 98.126(b)(8)(ii) ........................................... Only mass of each fluorine-containing by-product that is removed from the process 

and fed into the destruction device. 

L .................. 98.126(b)(8)(iii) .......................................... Only mass of each fluorine-containing reactant that is removed from the process 

and fed into the destruction device. 

L .................. 98.126(b)(8)(iv) .......................................... Only mass of each fluorine-containing by-product that is removed from the process 

and recaptured. 

L .................. 98.126(b)(8)(v) ........................................... All. 

L .................. 98.126(b)(9)(i) ............................................ All. 

L .................. 98.126(b)(9)(ii) ........................................... All. 

L .................. 98.126(b)(9)(iii) .......................................... All. 

L .................. 98.126(b)(10) ............................................. All. 

L .................. 98.126(b)(11) ............................................. All. 

L .................. 98.126(b)(12) ............................................. All. 

L .................. 98.126(c)(1) ............................................... Only quantity of the process activity used to estimate emissions. 

L .................. 98.126(c)(2) ............................................... All. 

L .................. 98.126(d) ................................................... Only estimate of missing data. 

L .................. 98.126(f)(1) ................................................ All. 

L .................. 98.126(g)(1) ............................................... All. 

L .................. 98.126(h)(2) ............................................... All. 

*******

Subpart L—[Amended] 

4. Section 98.126 is amended by: 

a. Revising paragraph (a) introductory 

text. 

b. Revising paragraph (a)(5). 

c. Adding paragraph (j). 

The revisions read as follows: 

§ 98.126 Data Reporting Requirements. 

(a) All facilities. In addition to the 

information required by § 98.3(c), you 

must report the information in 

paragraphs (a)(2) through (a)(6) of this 

section according to the schedule in 

paragraph (a)(1) of this section, except 

as otherwise provided in paragraph (j) of 

this section or in § 98.3(c)(4)(vii) and 

Table A–7 of Subpart A of this part. 

* * * * * 

(5) The methods used to determine 

the mass emissions of each fluorinated 

GHG, i.e., mass balance, process-ventspecific emission factor, or processvent-specific emission calculation 

factor, at the facility. If you use the 

process-vent-specific emission factor or 

process-vent-specific emission 

calculation factor method, report the 

methods used to estimate emissions 

from equipment leaks. 

* * * * * 

(j) Special Provisions for Reporting 

Years 2011 and 2012 Only. For 

reporting years 2011 and 2012, the 

owner or operator of a facility must 

comply with paragraphs (j)(1), (j)(2), and 

(j)(3) of this section. 

(1) Timing. The owner or operator of 

a facility is not required to report the 

data elements at § 98.3(c)(4)(iii) and 

§ 98.126(a)(2), (a)(3), (a)(4), (a)(6), (b), 

(c), (d), (e), (f), (g), and (h) of this section 

until the later of March 31, 2014 or the 

date set forth for that data element at 

§ 98.3(c)(4)(vii) and Table A–7 of 

Subpart A of this part. 

(2) Excess emissions. Excess 

emissions of fluorinated GHGs resulting 

from destruction device malfunctions 

must be reflected in the reported 

facility-wide CO2e emissions but are not 

required to be reported separately. 

(3) Calculation and Reporting of 

CO2e. You must report the total 

fluorinated GHG emissions covered by 

this subpart, expressed in metric tons of 

CO2e. This includes emissions from all 

fluorinated gas production processes, all 

fluorinated gas transformation processes 

that are not part of a fluorinated gas 

production process, all fluorinated gas 

destruction processes that are not part of 

a fluorinated gas production process or 

a fluorinated gas transformation process, 

and venting of residual fluorinated 

GHGs from containers returned from the 

field. To convert fluorinated GHG 

emissions to CO2e for reporting under 

this section, use Equation A–1 of § 98.2. 

For fluorinated GHGs whose GWPs are 

not listed in Table A–1 of Subpart A of 

this subpart, use either the default GWP 

specified below or your best estimate of 

the GWP based on the information 

described in § 98.123(c)(1)(vi)(A)(3). 

(i) If you choose to use a default GWP 

rather than your best estimate of the 

GWP for fluorinated GHGs whose GWPs 

are not listed in Table A–1 to this 

subpart, use a default GWP of 10,000 for 

fluorinated GHGs that are fully 

fluorinated GHGs and use a default 

GWP of 2000 for other fluorinated 

GHGs. 

(ii) Provide the total annual emissions 

across fluorinated GHGs for the entire 

facility, in metric tons of CO2e, that 

were calculated using the default GWP 

of 2000. 

(iii) Provide the total annual 

emissions across fluorinated GHGs for 

the entire facility, in metric tons of 

CO2e, that were calculated using the 

default GWP of 10,000. 

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29948 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 

(iv) Provide the total annual 

emissions across fluorinated GHGs for 

the entire facility, in metric tons of 

CO2e, that were calculated using your 

best estimate of the GWP. 

5. Section 98.127 is amended by 

adding paragraph (k) to read as follows: 

§ 98.127 Records that must be retained. 

* * * * * 

(k) For fluorinated GHGs whose GWPs 

are not listed in Table A–1 to this 

subpart, maintain records of the GWPs 

used to calculate facility-wide CO2e 

emissions. Where you used your best 

estimate of the GWP, maintain records 

of the data and analysis used to develop 

that GWP, including the data elements 

at § 98.123(c)(1)(vi)(A)(1)–(3). 

6. Section 98.128 is amended by 

adding the definition of ‘‘Fully 

fluorinated GHGs’’ in alphabetical order 

to read as follows: 

§ 98.128 Definitions. 

* * * * * 

Fully fluorinated GHGs means 

fluorinated GHGs that contain only 

single bonds and in which all available 

valence locations are filled by fluorine 

atoms. This includes but is not limited 

to saturated perfluorocarbons, SF6, NF3, 

SF5CF3, fully fluorinated linear, 

branched and cyclic alkanes, fully 

fluorinated ethers, fully fluorinated 

tertiary amines, fully fluorinated 

aminoethers, and perfluoropolyethers. 

* * * * * 

Subpart W—[Amended] 

7. Section 98.233 is amended by: 

a. In paragraph (e)(5), revising 

Equation W–6. 

b. Revising paragraph (f)(1) 

introductory text, Equation W–7 and, 

the definitions of parameters ‘‘Tp’’ and 

‘‘FRp’’ in Equation W–7. 

c. Revising paragraph (f)(1)(i) 

introductory text and paragraph 

(f)(1)(i)(A). 

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

Equation W–8 and the definitions of 

parameters ‘‘SPp’’, ‘‘Vp’’, and ‘‘HRp,q’’ in 

Equation W–8. 

e. Revising (f)(3) introductory text, 

Equation W–9 and the definitions of 

parameters ‘‘W’’, ‘‘Vp’’, and ‘‘HRp,q’’ in 

Equation W–9. 

f. In paragraph (g), revising Equations 

W–10A and W–10B and the definitions 

of ‘‘FRM’’, ‘‘PRp’’, ‘‘EnFp’’, ‘‘SGp’’, and 

‘‘FVp’’. 

g. Revising paragraph (g)(1) 

introductory text. 

h. In paragraph (g)(1)(ii), revising 

Equations W–11A and W–11B, and 

revising the definition of ‘‘FR’’ and ‘‘A’’ 

in both Equations W–11A and W–11B. 

i. In paragraph (g)(1)(iii), revising 

Equation W–12 and the definitions of 

‘‘FRM’’, ‘‘FRp’’, and ‘‘PRp’’; removing 

the definition of ‘‘W’’; and adding the 

definition of ‘‘N.’’ 

j. Revising paragraph (g)(3)(i). 

k. In paragraph (h), revising the 

definition of parameter ‘‘Es,n’’ in 

Equation W–13. 

l. In paragraph (i)(3), revising the 

definition of ‘‘ES,N’’ in Equation W–14A, 

revising Equation W–14B and the 

definition of ‘‘Ta’’ in Equation W–14B. 

m. Revising paragraph (j)(5) 

introductory text and the definitions 

‘‘Count’’ and ‘‘1,000’’ in Equation W–15. 

n. In paragraph (l)(3), revising the 

definition of ‘‘PR’’ in Equation W–17B. 

o. Removing and reserving paragraph 

(n)(7). 

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

Equation W–23. 

q. In paragraph (o)(6), revising 

Equation W–24. 

r. In paragraph (o)(7), revising the 

definition of ‘‘EFi’’ in Equation W–25. 

s. In paragraph (p)(7), revising 

Equation W–27. 

t. In paragraph (p)(7)(i), revising 

Equation W–28. 

u. Revising paragraph (r)(2) 

introductory text. 

v. Revising paragraph (r)(6)(ii) 

introductory text. 

w. Revising paragraph (t) introductory 

text, (t)(1) introductory text, and the 

definition of ‘‘Es,n’’ and ‘‘Ea,n’’ in 

Equation W–33. 

x. In paragraph (v), revising the 

definition of ‘‘ri’’ in Equation W–36. 

y. In paragraph (z)(2)(iii), revising the 

definition of ‘‘ECO2’’ in Equations W– 

39A and W–39B. 

z. In paragraph (z)(2)(vi), revising the 

definition of parameter ‘‘HHV’’ in 

Equation W–40. 

The revisions read as follows: 

§ 98.233 Calculating GHG emissions. 

* * * * * 

(e) * * * 

(5) * * * 

Where: 

Es,n = Annual natural gas emissions at 

standard conditions in cubic feet. 

H = Height of the dehydrator vessel (ft). 

D = Inside diameter of the vessel (ft). 

P1 = Atmospheric pressure (psia). 

P2 = Pressure of the gas (psia). 

P = pi (3.14). 

%G = Percent of packed vessel volume that 

is gas. 

T = Time between refilling (days). 

100 = Conversion of %G to fraction. 

* * * * * 

(f) * * * 

(1) Calculation Methodology 1. For at 

least one well of each unique well 

tubing diameter group and pressure 

group combination in each sub-basin 

category (see § 98.238 for the definitions 

of tubing diameter group, pressure 

group, and sub-basin category), where 

gas wells are vented to the atmosphere 

to expel liquids accumulated in the 

tubing, a recording flow meter shall be 

installed on the vent line used to vent 

gas from the well (e.g., on the vent line 

off the wellhead separator or 

atmospheric storage tank) according to 

methods set forth in § 98.234(b). 

Calculate emissions from well venting 

for liquids unloading using Equation 

W–7 of this section. 

* * * * * 

Tp = Cumulative amount of time in hours of 

venting for each well, p, of the same 

tubing diameter group and pressure 

group combination in a sub-basin during 

the year. 

FR = Average flow rate in cubic feet per hour 

for all measured wells venting for the 

duration of the liquids unloading, under 

actual conditions as determined in 

paragraph (f)(1)(i) of this section. 

(i) Determine the well vent average 

flow rate as specified under paragraph 

(f)(1)(i) of this section for at least one 

well in a unique well tubing diameter 

group and pressure group combination 

in each sub-basin category. 

(A) The average flow rate per hour of 

venting is calculated for each unique 

tubing diameter group and pressure 

group combination in each sub-basin 

category by dividing the recorded total 

flow by the recorded time (in hours) for 

all measured liquid unloading events 

with venting to the atmosphere. 

* * * * * 

(2) * * * 


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* * * * * 

SPp = Shut-in pressure or surface pressure for 

wells with tubing production and no 

packers or casing pressure for each well, 

p, in pounds per square inch absolute 

(psia) or casing-to-tubing pressure ratio 

of one well from the same sub-basin 

multiplied by the tubing pressure of each 

well, p, in the sub-basin, in pounds per 

square inch absolute (psia). 

Vp = Number of unloading events per year 

per well, p. 

* * * * * 

HRp,q = Hours that each well, p, was left open 

to the atmosphere during each unloading 

event, q. 

* * * * * 

(3) Calculation Methodology 3. 

Calculate emissions from well venting 

to the atmosphere for liquids unloading 

with plunger lift assist using Equation 

W–9 of this section. 

* * * * * 

W = Total number of wells with plunger lift 

assist and well venting for liquids 

unloading for each sub-basin. 

* * * * * 

Vp = Number of unloading events per year for 

each well, p. 

* * * * * 

HRp,q = Hours that each well, p, was left open 

to the atmosphere during each unloading 

event, q. 

* * * * * 

(g) * * * 

* * * * * 

FRMs = Ratio of flowback during well 

completions and workovers from 

hydraulic fracturing to 30-day 

production rate from Equation W–12. 

PRs,p = First 30-day average production flow 

rate in standard cubic feet per hour of 

each well p, under actual conditions, 

converted to standard conditions, as 

required in paragraph (g)(1) of this 

section. 

EnFs,p = Volume of CO2 or N2 injected gas in 

cubic feet at standard conditions that 

was injected into the reservoir during an 

energized fracture job for each well p. If 

the fracture process did not inject gas 

into the reservoir, then EnFp is 0. If 

injected gas is CO2 then EnFp is 0. 

SGs,p = Volume of natural gas in cubic feet 

at standard conditions that was 

recovered into a flow-line for well p as 

per paragraph (g)(3) of this section. This 

parameter includes any natural gas that 

is injected into the well for clean-up. If 

no gas was recovered, SGp is 0. 

FVs,p = Flow volume of each well (p) in 

standard cubic feet measured using a 

recording flow meter (digital or analog) 

on the vent line to measure flowback 

during the completion or workover 

according to methods set forth in 

§ 98.234(b). 

(1) The average flow rate for flowback 

during well completions and workovers 

from hydraulic fracturing shall be 

determined using measurement(s) for 

calculation methodology 1 or 

calculation(s) for calculation 

methodology 2 described in this 

paragraph (g)(1) of this section. If 

Equation W–10A is used, the number of 

measurements or calculations shall be 

determined per sub-basin and well type 

(horizontal or vertical) as follows: At 

least one measurement or calculation for 

less than or equal to 25 completions or 

workovers; at least two measurements or 

calculations for 26 to 50 completions or 

workovers; at least three measurements 

or calculations for 51 to 100 

completions or workovers; at least four 

measurements or calculations for 101 to 

250 completions or workovers; and at 

least five measurements or calculations 

for greater than 250 completions or 

workovers. 

* * * * * 

(ii) * * * 


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Where: FRa = Average flow rate in cubic feet per 

hour, under actual subsonic flow 

conditions. 

A = Cross sectional open area of the 

restriction orifice (m2). 

* * * * * 

Where: 

FRa = Average flow rate in cubic feet per 

hour, under actual sonic flow conditions. 

A = Cross sectional open area of the 

restriction orifice (m2). 

* * * * * 

(iii) * * * 

Where: 

FRMs = Ratio of flowback rate during well 

completions and workovers from 

hydraulic fracturing to 30-day 

production rate. 

FRs,p = Measured flowback rate from 

Calculation Methodology 1 described in 

paragraph (g)(1)(i) of this section or 

calculated flow rate from Calculation 

Methodology 2 described in paragraph 

(g)(1)(ii) of this section in standard cubic 

feet per hour for well(s) p for each subbasin and well type (horizontal or 

vertical) combination. Measured and 

calculated FRa values shall be converted 

from actual conditions (FRa) to standard 

conditions (FRs,p) for each well p using 

Equation W–33 in paragraph (t) of this 

section. You may not use flow volume as 

used in Equation W–10B converted to a 

flow rate for this parameter. 

PRs,p = First 30-day production rate in 

standard cubic feet per hour for each 

well p that was measured in the subbasin and well type combination. 

N = Number of measured or calculated well 

completions or workovers using 

hydraulic fracturing in a sub-basin and 

well type formation. 

* * * * * 

(3) * * * 

(i) Use the factor SGs,P in Equation 

W–10A of this section, to adjust the 

emissions estimated in paragraphs (g)(1) 

through (g)(4) of this section by the 

magnitude of emissions captured using 

purpose designed equipment that 

separates saleable gas from the flowback 

as determined by engineering estimate 

based on best available data. 

* * * * * 

(h) * * * 

* * * * * 

Es,n = Annual natural gas emissions in 

standard cubic feet from gas well venting 

during well completions and workovers 

without hydraulic fracturing. 

* * * * * 

(i) * * * 

(3) * * * 

* * * * * 

Es,n = Annual natural gas venting emissions 

at standard conditions from blowdowns 

in cubic feet. 

* * * * * 

Ta,p = Temperature at actual conditions in the 

unique physical volume (°F) for each 

blowdown ‘‘p’’. 

* * * * * 

(j) * * * 

(5) Calculation Methodology 5. For 

well pad gas-liquid separators and for 

wells flowing off a well pad without 

passing through a gas-liquid separator 

with annual average daily throughput of 

oil less than 10 barrels per day use 

Equation W–15 of this section: 

* * * * * 

Count = Total number of separators or wells 

with annual average daily throughput 

less than 10 barrels per day. Count only 

separators or wells that feed oil directly 

to the storage tank. 

1,000 = Conversion from thousand standard 

cubic feet to standard cubic feet. 

* * * * * 

(l) * * * 

(3) * * * 

* * * * * 

PR = Average annual production rate in 

actual cubic feet per day for the gas 

well(s) being tested. 

* * * * * 

(o) * * * 

(5) * * * 

* * * * * (6) * * * 


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* * * * * 

(7) * * * 

* * * * * 

EFi = Emission factor for GHGi. Use 1.2 × 107

standard cubic feet per year per 

compressor for CH4 and 5.30 × 105

standard cubic feet per year per 

compressor for CO2 at 60 °F and 14.7 

psia. 

* * * * * 

(p) * * * 

(7) * * * 

* * * * * (i) * * * 

* * * * * 

(r) * * * 

(2) Onshore petroleum and natural gas 

production facilities shall use the 

appropriate default population emission 

factors listed in Table W–1A of this 

subpart for equipment leaks from 

valves, connectors, open ended lines, 

pressure relief valves, pump, flanges, 

and other. Major equipment and 

components associated with gas wells 

are considered gas service components 

in reference to Table W–1A of this 

subpart and major natural gas 

equipment in reference to Table W–1B 

of this subpart. Major equipment and 

components associated with crude oil 

wells are considered crude service 

components in reference to Table W–1A 

of this subpart and major crude oil 

equipment in reference to Table W–1C 

of this subpart. Where facilities conduct 

EOR operations the emissions factor 

listed in Table W–1A of this subpart 

shall be used to estimate all streams of 

gases, including recycle CO2 stream. 

The component count can be 

determined using either of the 

methodologies described in this 

paragraph (r)(2). The same methodology 

must be used for the entire calendar 

year. 

* * * * * 

(6) * * * 

(ii) Emissions from all above grade 

metering-regulating stations (including 

above grade TD transfer stations) shall 

be calculated by applying the emission 

factor calculated in Equation W–32 and 

the total count of meter/regulator runs at 

all above grade metering-regulating 

stations (inclusive of TD transfer 

stations) to Equation W–31. The facility 

wide emission factor in Equation W–32 

will be calculated by using the total 

volumetric GHG emissions at standard 

conditions for all equipment leak 

sources calculated in Equation W–30B 

in paragraph (q)(8) of this section and 

the count of meter/regulator runs 

located at above grade transmissiondistribution transfer stations that were 

monitored over the years that constitute 

one complete cycle as per (q)(8)(i) of 

this section. A meter on a regulator run 

is considered one meter/regulator run. 

Reporters that do not have above grade 

T–D transfer stations shall report a 

count of above grade meteringregulating stations only and do not have 

to comply with § 98.236(c)(16)(xix). 

* * * * * 

(t) Volumetric emissions. If equation 

parameters in § 98.233 are already at 

standard conditions, which results in 

volumetric emissions at standard 

conditions, then this paragraph does not 

apply. Calculate volumetric emissions at 

standard conditions as specified in 

paragraphs (t)(1) or (2) of this section, 

with actual pressure and temperature 

determined by engineering estimates 

based on best available data unless 

otherwise specified. 

(1) Calculate natural gas volumetric 

emissions at standard conditions using 

actual natural gas emission temperature 

and pressure, and Equation W–33 of this 

section for conversions of Ea,n or 

conversions of FRa (whether sub-sonic 

or sonic). 

* * * * * 

Es,n = Natural gas volumetric emissions at 

standard temperature and pressure (STP) 

conditions in cubic feet, except Es,n

equals(FRs,p)for each well p when 

calculating either subsonic or sonic 

flowrates under 98.233(g). 

Ea,n = Natural gas volumetric emissions at 

actual conditions in cubic feet, except 

Ea,n equals (FRa,p) for each well p when 

calculating either subsonic or sonic 

flowrates under 98.233(g). 

* * * * * 

(v) * * * 

* * * * * 

ri = Density of GHGi. Use 0.0526 kg/ft3 for 

CO2 and N2O, and 0.0192 kg/ft3 for CH4

at 60 °F and 14.7 psia. 

* * * * * 

(z) * * * 

(2) * * * 

(iii) * * * 

* * * * * 

Ea,CO2 = Contribution of annual CO2

emissions from portable or stationary 

fuel combustion sources in cubic feet, 

under actual conditions. 

* * * * * 

(vi) * * * 

* * * * * 

HHV = For the higher heating value for field 

gas or process vent gas, use 1.235 × 10¥3

mmBtu/scf for HHV. 

* * * * * 

8. Section 98.236 is amended by: 

a. Revising paragraph (c)(5)(ii)(D). 

b. Revising paragraph (c)(9) 

introductory text. 

c. Revising paragraph (c)(13)(iii)(C). 

d. Revising paragraphs (c)(15)(i)(B), 

(c)(15)(i)(C), and (c)(15)(ii)(A). 

e. Revising paragraph (c)(17)(v). 

The revisions read as follows: 

§ 98.236 Data reporting requirements. 

* * * * * 

(c) * * * 

* * * * * 


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(5) * * * 

(ii) * * * 

(D) Average internal casing diameter, 

in inches, for all wells, where 

applicable. 

* * * * * 

(9) For transmission tank emissions 

identified in § 98.233(k) from scrubber 

dump valves report the following: 

* * * * * 

(13) * * * 

(iii)* * * 

(C) Report the isolation valve leakage 

emissions in not operating, 

depressurized mode in metric tons of 

CO2e for each gas(refer to Equation W– 

23 and Equation W–24 of § 98.233). 

* * * * * 

(15) * * * 

(i) * * * 

(B) For onshore natural gas 

processing, range of concentrations of 

CH4 and CO2 (refer to Equation W–30A 

of § 98.233). 

(C) Annual CO2 and CH4 emissions in 

metric tons CO2e for each gas (refer to 

Equation W–30A of § 98.233), by 

component type. 

(ii) * * * 

(A) For source categories 

§ 98.230(a)(5), (a)(6), and (a)(7), total 

count for each component type in 

Tables W–4, W–5, and W–6 of this 

subpart for which there is a population 

emission factor, listed by major heading 

and component type. 

* * * * * 

(17) * * * 

(v) For each EOR pump, report annual 

CO2 emissions, expressed in metric tons 

CO2e for each gas. 

* * * * * 

9. Table A–1A of Subpart W of part 

98 is revised to read as follows: 

TABLE W–1A OF SUBPART W—DEFAULT WHOLE GAS EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS

PRODUCTION

Onshore petroleum and natural gas production 

Emission factor 

(scf/hour/ 

component) 

Eastern U.S. 

Population Emission Factors—All Components, Gas Service 1

Valve ............................................................................................................................................................................................ 0.027 

Connector .................................................................................................................................................................................... 0.003 

Open-ended Line ......................................................................................................................................................................... 0.061 

Pressure Relief Valve .................................................................................................................................................................. 0.040 

Low Continuous Bleed Pneumatic Device Vents 2 ...................................................................................................................... 1.39 

High Continuous Bleed Pneumatic Device Vents 2 ..................................................................................................................... 37.3 

Intermittent Bleed Pneumatic Device Vents 2 .............................................................................................................................. 13.5 

Pneumatic Pumps 3 ..................................................................................................................................................................... 13.3 

Population Emission Factors—All Components, Light Crude Service 4

Valve ............................................................................................................................................................................................ 0.05 

Flange .......................................................................................................................................................................................... 0.003 

Connector .................................................................................................................................................................................... 0.007 

Open-ended Line ......................................................................................................................................................................... 0.05 

Pump ............................................................................................................................................................................................ 0.01 

Other 5 .......................................................................................................................................................................................... 0.30 

Population Emission Factors—All Components, Heavy Crude Service 6

Valve ............................................................................................................................................................................................ 0.0005 

Flange .......................................................................................................................................................................................... 0.0009 

Connector (other) ......................................................................................................................................................................... 0.0003 

Open-ended Line ......................................................................................................................................................................... 0.006 

Other 5 .......................................................................................................................................................................................... 0.003 

Western U.S. 

Population Emission Factors—All Components, Gas Service 1

Valve ............................................................................................................................................................................................ 0.121 

Connector .................................................................................................................................................................................... 0.017 

Open-ended Line ......................................................................................................................................................................... 0.031 

Pressure Relief Valve .................................................................................................................................................................. 0.193 

Low Continuous Bleed Pneumatic Device Vents 2 ...................................................................................................................... 1.39 

High Continuous Bleed Pneumatic Device Vents 2 ..................................................................................................................... 37.3 

Intermittent Bleed Pneumatic Device Vents 2 .............................................................................................................................. 13.5 

Pneumatic Pumps 3 ..................................................................................................................................................................... 13.3 

Population Emission Factors—All Components, Light Crude Service 4

Valve ............................................................................................................................................................................................ 0.05 

Flange .......................................................................................................................................................................................... 0.003 

Connector (other) ......................................................................................................................................................................... 0.007 

Open-ended Line ......................................................................................................................................................................... 0.05 

Pump ............................................................................................................................................................................................ 0.01 

Other 5 .......................................................................................................................................................................................... 0.30 

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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules 29953 

TABLE W–1A OF SUBPART W—DEFAULT WHOLE GAS EMISSION FACTORS FOR ONSHORE PETROLEUM AND NATURAL GAS

PRODUCTION—Continued 

Onshore petroleum and natural gas production 

Emission factor 

(scf/hour/ 

component) 

Population Emission Factors—All Components, Heavy Crude Service 6

Valve ............................................................................................................................................................................................ 0.0005 

Flange .......................................................................................................................................................................................... 0.0009 

Connector (other) ......................................................................................................................................................................... 0.0003 

Open-ended Line ......................................................................................................................................................................... 0.006 

Other 5 .......................................................................................................................................................................................... 0.003 

1For multi-phase flow that includes gas, use the gas service emissions factors. 

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

3Emission Factor is in units of ‘‘scf/hour/pump.’’ 

4 Hydrocarbon liquids greater than or equal to 20 °API are considered ‘‘light crude.’’ 5 ‘‘Others’’ category includes instruments, loading arms, pressure relief valves, stuffing boxes, compressor seals, dump lever arms, and vents. 

6 Hydrocarbon liquids less than 20 °API are considered ‘‘heavy crude.’’ 

10. Table W–5 to Subpart W of part 

98 is amended by revising the entry for 

‘‘Vapor Recovery Compressor’’ to read 

as follows: 

TABLE W–5 OF SUBPART W—DEFAULT METHANE EMISSION FACTORS FOR LIQUEFIED NATURAL GAS (LNG) STORAGE

LNG storage 

Emission factor 

(scf/hour/ 

component) 

*******

Vapor Recovery Compressor 2 .................................................................................................................................................... 4.17 

.

.

Subpart TT—[Amended] 

11. Section 98.460 is amended by 

adding paragraph (c)(2)(xiii) to read as 

follows: 

§ 98.460 Definition of Source Category. 

* * * * * 

(c) * * * 

(2) * * * 

(xiii) Other waste material that has a 

DOC value of 0.3 weight percent (on a 

wet basis) or less. DOC value must be 

determined using a 60-day anaerobic 

biodegradation test procedure identified 

in 98.464(b)(4)(i)(A). 

[FR Doc. 2012–12193 Filed 5–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 661 

[Docket No. FTA–2012–0019] 

Application of Buy America Waivers to 

Rolling Stock Overhauls and Rebuilds 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of proposed statement of 

policy and request for comment. 

SUMMARY: This notice proposes a 

statement of policy regarding the 

application of the Federal Transit 

Administration’s Buy America rules to 

procurements for the overhaul and 

rebuilding of rolling stock, and seeks 

comment from all interested parties. 

DATES: Comments must be received by 

June 20, 2012. Late-filed comments will 

be considered to the extent practicable. 

ADDRESSES: Please submit your 

comments by only one of the following 

means, identifying your submissions by 

docket number FTA–2012–0019. All 

electronic submissions must be made to 

the U.S. Government electronic site at 

http://www.regulations.gov. 

Commenters should follow the 

instructions below for mailed and handdelivered comments: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

U.S. Mail: U.S. Department of 

Transportation, Docket Operations, 

West Building, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

West Building, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Fax: (202) 493–2251. 

Instructions: All submissions must 

make reference to the ‘‘Federal Transit 

Administration’’ and include docket 

number FTA–2012–0019. Due to 

security procedures in effect since 

October 2001, mail received through the 

U.S. Postal Service may be subject to 

delays. Parties making submissions 

responsive to this notice should 

consider using an express mail firm to 

ensure the prompt filing of any 

submissions not filed electronically or 

by hand. Note that all submissions 

received, including any personal 

information therein, will be posted 

without change or alteration to http:// 

www.regulations.gov. For more 

information, you may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477), or visit http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayme L. Blakesley at (202) 366–0304 or 

jayme.blakesley@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The purpose of this notice is to 

propose a statement of policy that will 

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