[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Proposed Rules]
[Pages 11039-11061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4320]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL-9637-2]
RIN 2060-AQ70


Proposed Confidentiality Determinations for the Petroleum and 
Natural Gas Systems Source Category, and Amendments to Table A-7, of 
the Greenhouse Gas Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action re-proposes confidentiality determinations for the 
data elements in subpart W, the petroleum and natural gas systems 
category, of the Mandatory Reporting of Greenhouse Gases Rule. On July 
7, 2010, the EPA proposed confidentiality determinations for then-
proposed subpart W data elements and is now issuing this re-proposal 
due to significant changes to certain data elements in the final 
subpart W reporting requirements. The EPA is also proposing to assign 
10 recently added reporting elements as ``Inputs to Emission 
Equations'' and to defer their reporting deadline to March 31, 2015, 
consistent with the agency's approach in the August 25, 2011 rule which 
finalized the deferral of some reporting data elements that are inputs 
to emissions equations.

DATES: Comments. Comments must be received on or before March 26, 2012 
unless a public hearing is held, in which case comments must be 
received on or before April 9, 2012.
    Public Hearing. To request a hearing, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section by March 2, 2012. 
Upon such request, the EPA will hold the hearing on March 12, 2012 in 
the Washington, DC area. The EPA will publish further information about 
the hearing in the Federal Register if a hearing is requested.

ADDRESSES: You may submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2011-0028, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#52151a150037223d20263b3c3511101b123722337c353d24"><span class="__cf_email__" data-cfemail="05424d425760756a77716c6b6246474c456075642b626a73">[email protected]</span></a>.
    <bullet> Fax: (202) 566-1741.
    <bullet> Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2011-0028, 
1200 Pennsylvania Avenue NW., Washington, DC 20460.
    <bullet> Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20004. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0028. 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.
    Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. Send or deliver 
information identified as CBI to only the mail or hand/courier delivery 
address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. 
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, then 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, Room B102, 1301 Constitution Ave. NW., Washington, DC. 
This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate Change 
Division, Office of Atmospheric Programs (MC-6207J), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: (202) 343-9263; fax number: (202) 343-2342; email 
address: <a href="/cdn-cgi/l/email-protection#f2b5bab5a097829d80869b9c95a0879e97b2978293dc959d84"><span class="__cf_email__" data-cfemail="db9c939c89beabb4a9afb2b5bc89aeb7be9bbeabbaf5bcb4ad">[email protected]</span></a>. For technical information and

[[Page 11040]]

implementation materials, please go to the Web site http://www.epa.gov/climatechange/emissions/subpart/w.html. To submit a question, select 
Rule Help Center, followed by ``Contact Us.''

SUPPLEMENTARY INFORMATION: Worldwide Web (WWW). In addition to being 
available in the docket, an electronic copy of this proposal, memoranda 
to the docket, and all other related information will also be available 
through the WWW on EPA's greenhouse gas reporting rule Web site at 
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.
    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: 
<a href="/cdn-cgi/l/email-protection#a9eee1eefbccd9c6dbddc0c7cefbdcc5cce9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="76313e312413061904021f181124031a133613061758111900">[email protected]</span></a>.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

API American Petroleum Institute
BAMM Best Available Monitoring Methods
BOEMRE Bureau of Energy Management and Regulatory Enforcement
CAA Clean Air Act
CEMS continuous emission monitoring system
CO<INF>2</INF> carbon dioxide
CO<INF>2</INF>e carbon dioxide equivalent
CBI confidential business information
CFR Code of Federal Regulations
EIA U.S. Energy Information Administration
EOR enhanced oil recovery
EPA U.S. Environmental Protection Agency
FERC Federal Energy Regulatory Commission
GASIS Gas Information System
GHG greenhouse gas
ICR Information Collection Request
LDC local natural gas distribution company
LNG liquefied natural gas
MMBtu million Btu
MMscfd million standard cubic feet per day
NESHAP national emission standards for hazardous air pollutants
NGLs natural gas liquids
N<INF>2</INF>O nitrous oxide
NTTAA National Technology Transfer and Advancement Act of 1995
OMB Office of Management & Budget
psia pounds per square inch
RFA Regulatory Flexibility Act
T-D transmission--distribution
UIC Underground Injection Control
UMRA Unfunded Mandates Reform Act of 1995
U.S. United States
WWW Worldwide Web

    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. General Information
    A. What is the purpose of this action?
    B. Does this action apply to me?
    C. Legal Authority
    D. What should I consider as I prepare my comments to the EPA?
II. Background and General Rationale
    A. Background on Subpart W CBI Re-Proposal
    B. Background on Data Elements in the ``Inputs to Emission 
Equations'' Data Category
III. Re-Proposal of CBI Determinations for Subpart W
    A. Overview
    B. Approach to Making Confidentiality Determinations
    C. Proposed Confidentiality Determinations for Individual Data 
Elements in Two Data Categories
    D. Commenting on the Proposed Confidentiality Determinations
IV. Proposed Deferral of Inputs to Emission Equations for Subpart W 
and Amendments to Table A-7
V. 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. General Information

A. What is the purpose of this action?

    The EPA is re-proposing confidentiality determinations for the data 
elements in subpart W of 40 CFR part 98 of the Mandatory Reporting of 
Greenhouse Gases Rule (hereinafter referred to as ``Part 98''). Subpart 
W of Part 98 requires monitoring and reporting of greenhouse gas (GHG) 
emissions from petroleum and natural gas systems. The petroleum and 
natural gas systems source category (hereinafter referred to as 
``subpart W'') includes facilities that have emissions equal to or 
greater than 25,000 metric tons carbon dioxide equivalent 
(mtCO<INF>2</INF>e).
    The proposed confidentiality determinations in this notice cover 
all of the data elements that are currently in subpart W except for 
those that are in the ``Inputs to Emission Equations'' data category. 
The covered data elements and their proposed data category assignments 
are listed by data category in the memorandum entitled ``Proposed Data 
Category Assignments for Subpart W'' in Docket ID No. EPA-HQ-OAR-2011-
0028.
    This proposal also contains updates to Table A-7 of Part 98, the 
table of inputs to emission equations whose reporting deadline we have 
deferred until 2015. These data elements were added or revised to 
subpart W as a result of technical revisions made on December 23, 2011 
(76 FR 80554).

B. Does this action apply to me?

    This proposal affects entities that are required to submit annual 
GHG reports under subpart W of Part 98. Subpart W applies to facilities 
in eight segments of the petroleum and natural gas industry that emit 
GHGs greater than or equal to 25,000 metric tons of CO<INF>2</INF> 
equivalent per year. These eight segments are:
    <bullet> Offshore petroleum and natural gas production (from 
offshore platforms).
    <bullet> Onshore petroleum and natural gas production (including 
equipment on a single well-pad or associated with a single well pad 
used in the production, extraction, recovery, lifting, stabilization, 
separation or treating of petroleum and/or natural gas (including 
condensate).
    <bullet> Onshore natural gas processing (separation of natural gas 
liquids (NGLs) or non-methane gases from produced natural gas, or the 
separation of NGLs into one or more component mixtures).
    <bullet> Onshore natural gas transmission compression (use of 
compressors to move natural gas from production fields, natural gas 
processing plants, or other transmission compressors through 
transmission pipelines to natural gas distribution pipelines, LNG 
storage facilities, or into underground storage).
    <bullet> Underground natural gas storage (subsurface storage of 
natural gas, natural gas underground storage processes and operations, 
and wellheads connected to the compression units located at the 
facility where injections and recovering of natural gas takes place 
into and from underground reservoirs).
    <bullet> Liquefied natural gas (LNG) storage (onshore LNG storage 
vessels located above ground, equipment for liquefying natural gas, 
compressors to capture and re-liquefy boil-off-gas, re-condensers, and 
vaporization units for regasification of the liquefied natural gas).
    <bullet> LNG import and export facilities (onshore and offshore 
equipment

[[Page 11041]]

importing or exporting LNG via ocean transport, including liquefaction 
of natural gas to LNG, storage of LNG, transfer of LNG, and re-
gasification of LNG to natural gas).
    <bullet> Natural gas distribution (distribution pipelines and 
metering and regulating equipment at metering-regulating stations that 
re operated by a local distribution company (LDC) within a single state 
that is regulated as a separate operating company by a public utility 
commission or that is operated as an independent municipally-owned 
distribution system).
    For a summary of the source category definitions for subpart W, 
which includes further background on these eight industry segments, 
please see 40 CFR 98.230 of the subpart W final rule (75 FR 74490, 
November 30, 2010 and 76 FR 80554).
    The Administrator determined that this action is subject to the 
provisions of Clean Air Act (CAA) section 307(d). If finalized, these 
amended regulations could affect owners or operators of petroleum and 
natural gas systems. Regulated categories and entities may include 
those listed in Table 1 of this preamble:

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                   Examples of affected
        Source category               NAICS             facilities
------------------------------------------------------------------------
Petroleum and Natural Gas                 486210  Pipeline
 Systems.                                          transportation of
                                                   natural gas.
                                          221210  Natural gas
                                                   distribution
                                                   facilities.
                                             211  Extractors of crude
                                                   petroleum and natural
                                                   gas.
                                          211112  Natural gas liquid
                                                   extraction
                                                   facilities.
------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding facilities likely to be 
affected by this action. Other types of facilities not listed in the 
table could also be affected. To determine whether you are affected by 
this action, you should carefully examine the applicability criteria 
found in 40 CFR part 98 subpart A, and subpart W. 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.

C. Legal Authority

    The EPA is proposing 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 
obtain the information in Part 98, including those in subpart W, 
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 Part 98 (74 FR 16448, April 10, 2009), CAA section 
114(a)(1) authorizes the Administrator to require emissions sources, 
persons subject to the CAA, manufacturers of control or process 
equipment, or persons whom the Administrator believes may have 
necessary information to monitor and report emissions and provide such 
other information the Administrator requests for the purposes of 
carrying out any provision of the CAA.

D. What should I consider as I prepare my comments to the EPA?

1. Submitting Comments That Contain CBI
    Clearly mark the part or all of the information that you claim to 
be CBI. For CBI information in a disk or CD ROM that you mail to the 
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 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.
    Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. Send or deliver 
information identified as CBI to only the mail or hand/courier delivery 
address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028.
    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.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
    Identify the rulemaking by docket number and other identifying 
information (e.g., subject heading, Federal Register date and page 
number).
    Follow directions. The EPA may ask you to respond to specific 
questions or organize comments by referencing a CFR part or section 
number.
    Explain why you agree or disagree, and suggest alternatives and 
substitute language for your requested changes.
    Describe any assumptions and provide any technical information and/
or data that you used.
    If you estimate potential costs or burdens, explain how you arrived 
at your estimate in sufficient detail to allow us to reproduce your 
estimate.
    Provide specific examples to illustrate your concerns and suggest 
alternatives.
    Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    Make sure to submit your information and comments by the comment 
period deadline identified in the preceding section titled DATES. To 
ensure proper receipt by the EPA, be sure to identify the docket ID 
number assigned to this action in the subject line on the first page of 
your response. You may also provide the name, date, and Federal 
Register citation.
    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 
<a href="/cdn-cgi/l/email-protection#a9eee1eefbccd9c6dbddc0c7ceeaebe0e9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="a8efe0effacdd8c7dadcc1c6cfebeae1e8cdd8c986cfc7de">[email protected]</span></a>. You are also encouraged to send a separate 
copy of your CBI information to Carole Cook at the provided mailing 
address in the FOR FURTHER INFORMATION CONTACT section. Please do not 
send CBI to the electronic docket or by email.

II. Background and General Rationale

A. Background on Subpart W CBI Re-Proposal

    On October 30, 2009, the EPA published the Mandatory Reporting of

[[Page 11042]]

Greenhouse Gases Final Rule, 40 CFR part 98, for collecting information 
regarding greenhouse gases (GHGs) from a broad range of industry 
sectors (74 FR 56260). Under Part 98 and its subsequent amendments, 
certain facilities and suppliers above specified thresholds are 
required to report GHG information to the EPA annually. The data to be 
reported consist of GHG emission and supply information as well as 
other data, including information necessary to characterize, quantify, 
and verify the reported emissions and supplied quantities. In the 
preamble to Part 98, we stated, ``[t]hrough a notice and comment 
process, we will establish those data elements that are `emissions 
data' and therefore [under CAA section 114(c)] will not be afforded the 
protections of CBI. As part of that exercise and in response to 
requests provided in comments, we may identify classes of information 
that are not emissions data, and are CBI'' (74 FR 56287, October 30, 
2009).
    On July 7, 2010, the EPA proposed confidentiality determinations 
for data elements of all GHGRP subparts of Part 98 (75 FR 39094, 
hereinafter referred to as the ``July 7, 2010 CBI Proposal'').
    On May 26, 2011, the EPA published the final CBI determinations for 
the data elements in 34 Part 98 subparts, except for those data 
elements that were assigned to the ``Inputs to Emission Equations'' 
data category (76 FR 30782, hereinafter referred to as the ``Final CBI 
Rule''). That final rule did not include CBI determinations for subpart 
W for the reasons described above.
    The Final CBI Rule: (1) Created and finalized 22 data categories 
for part 98 data elements; (2) assigned data elements in 34 subparts to 
appropriate data categories; (3) for 16 data categories, issued 
category-based final CBI determinations for all data elements assigned 
to the category; and (4) for the other five data categories (excluding 
the inputs to emission equations category), the EPA determined that the 
data elements assigned to those categories were not ``emission data'' 
but made individual final CBI determination for those data elements. 
Finally, the EPA did not make final confidentiality determinations for 
the data elements assigned to the ``Inputs to Emission Equations'' data 
category.
    Subpart W reporting requirements were finalized on November 30, 
2010 (75 FR 74458), and the EPA has published two revisions to the 
final subpart W reporting requirements since that data. On September 
27, 2011, the EPA published the final rule: ``Mandatory Reporting of 
Greenhouse Gases: Petroleum and Natural Gas Systems: Revisions to Best 
Available Monitoring Method Provisions'' (76 FR 59533, hereinafter 
referred to as the ``BAMM Final Rule''), which revised certain BAMM 
extension request data elements and added a new data element in subpart 
W. Additionally, on December 23, 2011 the EPA published the final rule: 
``Mandatory Reporting of Greenhouse Gases: Technical Revisions to the 
Petroleum and Natural Gas Systems Category of the Greenhouse Gas 
Reporting'' (76 FR 80554, hereinafter referred to as the ``Technical 
Revisions Rule''), which provided clarification on existing 
requirements, increased flexibility for certain calculation methods, 
amended data reporting requirements, clarified terms and definitions, 
and made technical corrections. This action finalized the addition or 
revision of over 200 subpart W data elements. Today's re-proposal of 
confidentiality determinations for data elements addresses the subpart 
W data elements as finalized, including the revisions in the BAMM Final 
Rule and Technical Revisions Rule.

B. Background on Data Elements in the ``Inputs to Emission Equations'' 
Data Category

    The EPA received numerous public comments on the July 7, 2010 CBI 
Proposal. In particular, the EPA received comments that raised serious 
concerns regarding the public availability of data in the ``Inputs to 
Emission Equations'' category. In light of those comments, the EPA took 
three concurrent actions, which are as follows:
    <bullet> Call for Information: Information on Inputs to Emission 
Equations under the Mandatory Reporting of Greenhouse Gases Rule, 75 FR 
81366 (December 27, 2010) (hereinafter referred to as the ``Call for 
Information'').
    <bullet> Change to the Reporting Date for Certain Data Elements 
Required Under the Mandatory Reporting of Greenhouse Gases Rule; 
Proposed Rule, 75 FR 81350 (December 27, 2010) (hereinafter referred to 
as the ``Deferral Proposal'').
    <bullet> Interim Final Regulation Deferring the Reporting Date for 
Certain Data Elements Required Under the Mandatory Reporting of 
Greenhouse Gases Rule, 75 FR 81338 (December 27, 2010) (hereinafter 
referred to as the ``Interim Final Rule'').
    On August 25, 2011, the EPA published the final ``Change to the 
Reporting Date for Certain Data Elements Required Under the Mandatory 
Reporting of Greenhouse Gases Rule'' (76 FR 53057, hereinafter referred 
to as the ``Final Deferral''). In that action, the EPA deferred the 
deadline for reporting some ``Inputs to Emission Equations'' data 
elements to March 31, 2013, and others to March 31, 2015. Data elements 
with the March 31, 2013 reporting deadline are identified in Table A-6 
of subpart A and those with the March 31, 2015 reporting deadline are 
identified in Table A-7 to subpart A. For subpart W, the EPA deferred 
the reporting of all data elements classified as ``Inputs to Emission 
Equations'' as of the publication of the Final Deferral until March 31, 
2015.
    Currently, Table A-7 does not reflect the changes or additions to 
inputs to equations made in the Technical Revisions Rule. The agency is 
now addressing this in today's action.

III. Re-Proposal of CBI Determinations for Subpart W

A. Overview

    We propose to assign each of the data elements in subpart W, a 
direct emitter subpart, to one of eleven direct emitter data categories 
created in the Final CBI Rule. As noted previously, for 8 of the 11 
direct emitter categories, the EPA has made categorical confidentiality 
determinations, finalized in the Final CBI Rule. For these eight 
categories, the EPA is proposing to apply the categorical 
confidentiality determinations (made in the Final CBI Rule) to the 
subpart W reporting elements assigned to each of these categories.
    In the Final CBI Rule, for 2 of the 11 data categories, the EPA did 
not make categorical confidentiality determinations, but rather made 
confidentiality determinations on an element by element basis. We are 
therefore following the same approach in this action for the subpart W 
reporting elements assigned to these 2 categories.
    Lastly, in the Final CBI Rule, for the final data category, 
``Inputs to Emissions Equations''; the EPA did not make a final 
confidentiality determination and indicated that this issue would be 
addressed in a future action. Please note that in the Final Deferral, 
the EPA already assigned certain subpart W data elements to the 
``Inputs to Emission Equations'' data category. However, since then, 10 
data elements were added to subpart W after the Final Deferral was 
promulgated. The EPA is proposing to assign these 10 new data elements 
to the ``Inputs to Emission Equations'' data category, as well as 
proposing to defer the reporting of these inputs until 2015. Please see 
the memorandum entitled ``Proposed Data Category Assignments for 
Subpart W'' in Docket ID No. EPA-

[[Page 11043]]

HQ-OAR-2011-0028 for a listing of the data elements that the EPA is 
proposing to assign to this data category. Note that we are not 
proposing confidentiality determinations at this time for any subpart W 
data elements assigned to the ``Inputs to Emissions Equations'' data 
category and plan to propose confidentiality determinations for 
elements in this data category in a later action. Please see the 
following Web site for further information on this topic: http://www.epa.gov/climatechange/emissions/CBI.html.
    Table 2 of this preamble summarizes the confidentiality 
determinations that were made in the Final CBI Rule for the following 
direct emitter data categories created in that notice. Please note that 
the ``Inputs to Emission Equations'' data category is excluded, as 
final determinations for that category have not yet been made.

           Table 2--Summary of Final Confidentiality Determinations for Direct Emitter Data Categories
----------------------------------------------------------------------------------------------------------------
                                                                Confidentiality determination for data elements
                                                                                in each category
                                                              --------------------------------------------------
                        Data category                                            Data that are    Data that are
                                                                Emission data     not emission     not emission
                                                                     \a\          data and not     data but are
                                                                                      CBI            CBI \b\
----------------------------------------------------------------------------------------------------------------
Facility and Unit Identifier Information.....................               X   ...............  ...............
Emissions....................................................               X   ...............  ...............
Calculation Methodology and Methodological Tier..............               X   ...............  ...............
Data Elements Reported for Periods of Missing Data that are                 X   ...............  ...............
 Not Inputs to Emission Equations............................
Unit/Process ``Static'' Characteristics that are Not Inputs    ...............           X \c\            X \c\
 to Emission Equations.......................................
Unit/Process Operating Characteristics that are Not Inputs to  ...............           X \c\            X \c\
 Emission Equations..........................................
Test and Calibration Methods.................................  ...............               X   ...............
Production/Throughput Data that are Not Inputs to Emission     ...............  ...............               X
 Equations...................................................
Raw Materials Consumed that are Not Inputs to Emission         ...............  ...............               X
 Equations...................................................
Process-Specific and Vendor Data Submitted in BAMM Extension   ...............  ...............               X
 Requests....................................................
----------------------------------------------------------------------------------------------------------------
\a\ Under CAA section 114(c), ``emission data'' are not entitled to confidential treatment. The term ``emission
  data'' is defined at 40 CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered
  CBI.
\c\ In the Final CBI Rule, this data category contains both data elements determined to be CBI and those
  determined not to be CBI.

    We are requesting comment on several aspects of this proposal. 
First, we seek comment on the proposed data category assignment for 
each of these data elements. If you believe that the EPA has improperly 
assigned certain data elements in this subpart to one of the data 
categories, please provide specific comments identifying which data 
elements may be mis-assigned along with a detailed explanation of why 
you believe them to be incorrectly assigned and in which data category 
you believe they best would belong.
    Second, we seek comment on our proposal to apply the categorical 
confidentiality determinations (made in the Final CBI Rule for eight 
direct emitter data categories) to the data elements in subpart W that 
are assigned to those categories.
    Third, for those data elements assigned to the two direct emitter 
data categories without categorical CBI determinations, we seek comment 
on the individual confidentiality determinations we are proposing for 
these data elements. If you comment on this issue, please provide 
specific comment along with detailed rationale and supporting 
information on whether such data element does or does not qualify as 
CBI.
    Because this is a re-proposal, the EPA is not responding to 
previous comments submitted on the July 7, 2010 CBI Proposal relative 
to the data elements in this subpart. Although the EPA considered those 
comments when developing this re-proposal, we encourage you to resubmit 
all relevant comments to ensure their consideration by the EPA in this 
rulemaking. In resubmitting previous comments, please make any 
necessary changes to clarify that you are addressing the re-proposal 
and add details as requested in Section III.D of this preamble.

B. Approach To Making Confidentiality Determinations

    For a direct emitter subpart such as subpart W, the EPA proposes to 
assign each data element to one of 11 direct emitter data categories. 
As noted previously, the EPA made categorical confidentiality 
determinations for eight direct emitter data categories, and the EPA 
proposes to apply those final determinations to the subpart W data 
elements assigned to those categories in this rulemaking. For the data 
elements in the two non-inputs direct emitter data categories that do 
not have categorical confidentiality determinations, we are proposing 
to make confidentiality determinations on an individual data element 
basis.\1\
---------------------------------------------------------------------------

    \1\ As mentioned above, EPA determined that data elements in 
these two categories are not ``emission data'' under CAA section 
114(c) and 40 CFR 2.301(a)(2)(i) for purposes of determining the GHG 
emissions to be reported under Part 98. That determination applies 
to data elements in subpart W assigned to those categories through 
this rulemaking.
---------------------------------------------------------------------------

    The following two direct emitter data categories do not have 
category-based CBI determinations: ``Unit/Process `Static' 
Characteristics That are Not Inputs to Emission Equations'' and ``Unit/
Process Operating Characteristics That are Not Inputs to Emission 
Equations.'' For these two categories, the EPA evaluated the individual 
data elements assigned to these categories to determine whether 
individual data elements qualify as CBI. In the sections below, the EPA 
explains the data elements in these two categories and states the 
reasons for proposing to determine that each does or does not qualify 
as CBI under CAA section 114(c). The EPA is specifically soliciting 
comments on the CBI proposals for data elements in these two data 
categories. In section III.C of this preamble, the data elements in 
these two data categories are listed individually by data category 
along with the proposed confidentiality determination. The data 
elements along with their proposed confidentiality determinations are 
also listed in the memorandum entitled ``Proposed Data Category 
Assignments for Subpart W'' in

[[Page 11044]]

Docket ID No. EPA-HQ-OAR-2011-0028.

C. Proposed Confidentiality Determinations for Individual Data Elements 
in Two Data Categories

    The EPA is proposing to assign 28 subpart W data elements to the 
``Unit/Process `Static' Characteristics that Are Not Inputs to Emission 
Equations'' data category because they are basic characteristics of 
units, equipment, abatement devices, and other facility-specific 
characteristics that do not vary with time or with the operations of 
the process (and are not inputs to emission equations). These 28 data 
elements are proposed as non-CBI with the rationales shown in Table 3 
of this preamble as follows:

   Table 3--Data Elements Proposed To Be Assigned to the ``Unit/Process `Static' Characteristics That Are Not
                                  Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
             Citation                       Data element                        Proposed rationale
----------------------------------------------------------------------------------------------------------------
1 98.236c4iiiA....................  Count of absorbent           Desiccant dehydrators are used to dehydrate
                                     desiccant dehydrators.       natural gas. The EPA is proposing that the
                                                                  count of desiccant dehydrators (in addition to
                                                                  the sizing) be non-CBI because the disclosure
                                                                  of this type of information is not likely to
                                                                  cause substantial competitive harm. Moreover,
                                                                  these types of equipment are typically visible
                                                                  on site even outside the fence-line at the
                                                                  operating site and are usually not concealed
                                                                  from public view. The EPA proposes that this
                                                                  data be not confidential and considered non-
                                                                  CBI.
2 98.236c8iA......................  Wellhead gas-liquid          Separators are used to separate hydrocarbons
                                     separator with oil           into liquid and gas phases. Separators are
                                     throughput greater than or   typically connected to atmospheric storage
                                     equal to 10 barrels per      tanks (hydrocarbon tanks) where hydrocarbon
                                     day, using Calculation       liquids are stored. The number of wellhead
                                     Methodology 1 and 2 of 40    separators sending oil to atmospheric tanks
                                     CFR 98.233(j), where         can vary widely depending on numerous
                                     reported by sub-basin        conditions, including the sizing of the tank
                                     category: Number of          and throughput of the separators, and the
                                     wellhead separators          number of parties involved with handling or
                                     sending oil to atmospheric   processing the separated constituents.
                                     tanks.                       Information on the count of atmospheric
                                                                  storage tanks with a throughput above 500
                                                                  barrels of oil per day is already publicly
                                                                  available in Title V permits under EPA's
                                                                  National Emission Standards for Hazardous Air
                                                                  Pollutants (NESHAP) Subpart HH \2\ for Oil and
                                                                  Gas Production. Any additional information
                                                                  required under subpart W regarding the number
                                                                  of wellhead separators is the same type of
                                                                  information already made publicly available
                                                                  through the NESHAP and thus is a reasonable
                                                                  expansion of that information. Further,
                                                                  information about the number of wellhead
                                                                  separators sending oil to atmospheric tanks
                                                                  does not provide insight into the performance
                                                                  (ability to separate hydrocarbon into
                                                                  different phases) or the overall operational
                                                                  efficiency for the facility that could cause
                                                                  substantial competitive harm if disclosed. The
                                                                  EPA proposes that this data be not
                                                                  confidential and considered non-CBI.
3 98.236c8iD......................  Wellhead gas-liquid          Information on the count of atmospheric storage
                                     separator with oil           tanks with a throughput above 500 barrels of
                                     throughput greater than or   oil per day is already publicly available in
                                     equal to 10 barrels per      Title V permits under EPA's National Emission
                                     day, using Calculation       Standards for Hazardous Air Pollutants
                                     Methodology 1 and 2 of 40    (NESHAP) Subpart HH \3\ for Oil and Gas
                                     CFR 98.233(j), reported by   Production. Further, knowledge of whether the
                                     sub-basin category: Count    tanks are located on a well-pad or off a well-
                                     of hydrocarbon tanks at      pad does not provide any insight into the
                                     well pads.                   operational characteristics of the facility,
                                                                  nor does it provide insight into sensitive or
                                                                  proprietary information about a facility, but
                                                                  rather identifies the industry segment under
                                                                  subpart W to which the tanks belong. The EPA
                                                                  proposes that this data be not confidential
                                                                  and considered non-CBI.
4 98.236c8iE......................  Wellhead gas-liquid          Information on the count of stock tanks with a
                                     separator with oil           throughput above 500 barrels of oil per day is
                                     throughput greater than or   already publicly available in Title V permits
                                     equal to 10 barrels per      under EPA's National Emission Standards for
                                     day, using Calculation       Hazardous Air Pollutants (NESHAP) Subpart HH
                                     Methodology 1 and 2 of 40    \4\ for Oil and Gas Production. Further,
                                     CFR 98.233(j), reported by   knowledge of whether the tanks are located on
                                     sub-basin category: Best     a well-pad or off a well-pad does not provide
                                     estimate of count of stock   any insight into the operational
                                     tanks not at well pads       characteristics of the facility, nor does it
                                     receiving your oil.          provide insight into sensitive or proprietary
                                                                  information about a facility, but rather
                                                                  identifies the industry segment under subpart
                                                                  W to which the tanks belong. The EPA proposes
                                                                  that this data be not confidential and
                                                                  considered non-CBI.
5 98.236c8iG......................  Wellhead gas-liquid          Atmospheric storage tanks receive and store
                                     separator with oil           hydrocarbon liquids typically from separators
                                     throughput greater than or   or from onshore production wells. Some tanks
                                     equal to 10 barrels per      are equipped with vapor recovery units or
                                     day, using Calculation       flares to control the tank emissions.
                                     Methodology 1 and 2 of 40    Information on the emission control devices
                                     CFR 98.233(j), reported by   associated with tanks are included in Title V
                                     sub-basin category: Count    permits under EPA's National Emission
                                     of tanks with emissions      Standards for Hazardous Air Pollutants
                                     control measures, either     (NESHAP) Subpart HH for Oil and Gas
                                     vapor recovery system or     Production. Disclosure of this data does not
                                     flaring, for tanks at well   provide insight into the performance or the
                                     pads.                        overall operational efficiency for the
                                                                  facility that could cause substantial
                                                                  competitive harm if disclosed. The EPA
                                                                  proposes that this data be not confidential
                                                                  and considered non-CBI.

[[Page 11045]]

 
6 98.236c8iH......................  Wellhead gas-liquid          Atmospheric storage tanks (also known as stock
                                     separator with oil           tanks) receive and store hydrocarbon liquids
                                     throughput greater than or   typically from separators or from onshore
                                     equal to 10 barrels per      production wells. Some tanks are equipped with
                                     day, using Calculation       vapor recovery units or flares to control the
                                     Methodology 1 and 2 of 40    tank emissions. Information on the emission
                                     CFR 98.233(j), reported by   control devices associated with tanks are
                                     sub-basin category: Best     included in Title V permits under EPA's
                                     estimate of count of stock   National Emission Standards for Hazardous Air
                                     tanks assumed to have        Pollutants (NESHAP) Subpart HH for Oil and Gas
                                     emissions control measures   Production. Disclosure of this data does not
                                     not at well pads,            provide insight into the performance or the
                                     receiving your oil.          overall operational efficiency for the
                                                                  facility that could cause substantial
                                                                  competitive harm if disclosed. The EPA
                                                                  proposes that this data be not confidential
                                                                  and considered non-CBI.
7 98.236c8iC......................  Wellhead gas-liquid          API gravity is a measure of the relative
                                     separator with oil           density of liquid hydrocarbons and does not
                                     throughput greater than or   reveal the composition of the hydrocarbon
                                     equal to 10 barrels per      liquid or the reporter's productivity. Data on
                                     day, using Calculation       the sales oil stabilized API gravity are made
                                     Methodology 1 and 2 of 40    publicly available by many state agencies
                                     CFR 98.233(j), reported by   (e.g., the Railroad Commission of Texas).
                                     sub-basin category:          Further, information about API gravity does
                                     Estimated average sales      not provide insight into the performance or
                                     oil stabilized API gravity   the operational efficiency for onshore
                                     (degrees) (when using        petroleum and natural gas production
                                     methodology 1).              facilities that could cause substantial
                                                                  competitive harm if disclosed. Moreover, this
                                                                  data is reported as an average for a sub-
                                                                  basin, which further diminishes any possible
                                                                  sensitivity. Because this information is
                                                                  publicly available and is reported only as an
                                                                  average for the sub-basin, the EPA proposes
                                                                  this data be not confidential and considered
                                                                  non-CBI.
8 98.236c8iC......................  Wellhead gas-liquid          API gravity is a measure of the relative
                                     separator with oil           density of liquid hydrocarbons and does not
                                     throughput greater than or   reveal the composition of the hydrocarbon
                                     equal to 10 barrels per      liquid or the reporter's productivity. Data on
                                     day, using Calculation       the sales oil stabilized API gravity are made
                                     Methodology 1 and 2 of 40    public by many state agencies (e.g., the
                                     CFR 98.233(j), reported by   Railroad Commission of Texas). Further,
                                     sub-basin category:          information about API gravity does not provide
                                     Estimated average sales      insight into the performance or the
                                     oil stabilized API gravity   operational efficiency for onshore petroleum
                                     (degrees) (when using        and natural gas production facilities that
                                     methodology 2).              could cause substantial competitive harm if
                                                                  disclosed. Moreover, this data is reported as
                                                                  an average for a sub-basin, which further
                                                                  diminishes any possible sensitivity. Because
                                                                  this information is publicly available and is
                                                                  reported as an average for the sub-basin, the
                                                                  EPA proposes that this data be not
                                                                  confidential and considered non-CBI.
9 98.236c8iiiE....................  Wellhead gas-liquid          Information on the count of atmospheric storage
                                     separators and wells with    tanks with a throughput above 500 barrels of
                                     throughput less than 10      oil per day is already publicly available in
                                     barrels per day, using       Title V permits under EPA's National Emission
                                     Calculation Methodology 5    Standards for Hazardous Air Pollutants
                                     of 40 CFR 98.233(j)          (NESHAP) Subpart HH \5\ for Oil and Gas
                                     Equation W-15 of 40 CFR      Production. Further, knowledge of whether the
                                     98.233: Count of             tanks are located on a well-pad or off a well-
                                     hydrocarbon tanks on well    pad does not provide any insight into the
                                     pads.                        operational characteristics of the facility,
                                                                  nor does it provide insight into sensitive or
                                                                  proprietary information about a facility, but
                                                                  rather identifies the industry segment under
                                                                  subpart W to which the tanks belong. The EPA
                                                                  proposes that this data be not confidential
                                                                  and considered non-CBI.
10 98.236c8iiF....................  Wells with oil production    Atmospheric storage tanks (also known as
                                     greater than or equal to     hydrocarbon tanks) receive and store
                                     10 barrels per day, using    hydrocarbon liquids typically from separators
                                     Calculation Methodology 3    or from onshore production wells. Some tanks
                                     and 4 of 40 CFR 98.233(j),   are equipped with vapor recovery units or
                                     where the following by sub-  flares to control the tank emissions.
                                     basin category are           Information on the emission control devices
                                     reported: Count of           associated with tanks are included in Title V
                                     hydrocarbon tanks, both on   permits under EPA's National Emission
                                     and off well pads assumed    Standards for Hazardous Air Pollutants
                                     to have emissions control    (NESHAP) Subpart HH for Oil and Gas
                                     measures: either vapor       Production. Disclosure of this data does not
                                     recovery system or flaring   provide insight into the performance or the
                                     of tank vapors.              overall operational efficiency for the
                                                                  facility that could cause substantial
                                                                  competitive harm if disclosed. The EPA
                                                                  proposes that this data be not confidential
                                                                  and considered non-CBI.
11 98.236c8iiC....................  Wells with oil production    Information on the number of wells and their
                                     greater than or equal to     characteristics, including production levels,
                                     10 barrels per day, using    is publicly available through many published
                                     Calculation Methodology 3    sources, including the U.S. Energy Information
                                     and 4 of 40 CFR 98.233(j),   Administration,\6\ and through commercial
                                     where the following by sub-  databases that are available to the public for
                                     basin category are           purchase.\7\ Although information on the
                                     reported: Total number of    number of wells sending oil to separators that
                                     wells sending oil to         are located off well pads may not be readily
                                     separators off the well      available from public data sources, it can
                                     pads.                        generally be assumed that oil producing wells
                                                                  send oil either to separators or tanks that
                                                                  are either located on a well pad or off a well
                                                                  pad. Although, in some cases, oil is sent
                                                                  directly to tanks and not first sent to
                                                                  separators, this is more a function of the
                                                                  characteristics of the oil and is not
                                                                  correlated with sensitive or proprietary
                                                                  information about the facility or its
                                                                  processes. Thus, disclosure of this data does
                                                                  not provide insight into the performance or
                                                                  the overall operational efficiency for the
                                                                  facility that could cause substantial
                                                                  competitive harm if disclosed. Because
                                                                  information on oil producing wells is already
                                                                  publicly available, the EPA proposes to
                                                                  determine that these data elements are not
                                                                  confidential; they will be considered non-CBI.

[[Page 11046]]

 
12 98.236c8iiB....................  Wells with oil production    Information on the number of wells and their
                                     greater than or equal to     characteristics, including production levels,
                                     10 barrels per day, using    is publicly available through many published
                                     Calculation Methodology 3    sources, including the U.S. Energy Information
                                     and 4 of 40 CFR 98.233(j),   Administration,\8\ and through commercial
                                     where the following by sub-  databases that are available to the public for
                                     basin category are           purchase.\9\ Although information on the
                                     reported: Total number of    number of wells sending oil directly to
                                     wells sending oil directly   storage tanks may not be readily available in
                                     to tanks.                    public data sources, it can generally be
                                                                  assumed that oil producing wells send oil
                                                                  either to separators or tanks. While in some
                                                                  cases, oil is sent directly to tanks and not
                                                                  first sent to separators, this is more a
                                                                  function of the characteristics of the oil and
                                                                  is not correlated with sensitive or
                                                                  proprietary information about the facility or
                                                                  its processes. Thus, disclosure of this data
                                                                  does not provide insight into the performance
                                                                  or the overall operational efficiency for the
                                                                  facility that could cause substantial
                                                                  competitive harm if disclosed. Because
                                                                  information on oil producing wells is already
                                                                  publicly available, the EPA proposes to
                                                                  determine that these data elements are not
                                                                  confidential; they will be considered non-CBI.
13 98.236c8iiD....................  Wells with oil production    API gravity is a measure of the relative
                                     greater than or equal to     density of liquid hydrocarbons and does not
                                     10 barrels per day, using    reveal the composition of the hydrocarbon
                                     Calculation Methodology 3    liquid or the reporter's productivity. Data on
                                     and 4 of 40 CFR 98.233(j),   the sales oil stabilized API gravity are made
                                     where the following by sub-  public by many state agencies (e.g., the
                                     basin category are           Railroad Commission of Texas). Further,
                                     reported: Sales oil API      information about API gravity does not provide
                                     gravity range (degrees)      insight into the performance or the
                                     for wells in 40 CFR          operational efficiency for onshore petroleum
                                     98.236(c)(8)(ii)(B) and      and natural gas production facilities that
                                     (C).                         would likely cause substantial competitive
                                                                  harm if disclosed. Moreover, this data is
                                                                  reported as a range within a sub-basin and not
                                                                  for individual wells, which further diminishes
                                                                  any possible sensitivity. Because this
                                                                  information is publicly available, and also is
                                                                  reported as an average for the sub-basin
                                                                  category, the EPA proposes that this data be
                                                                  not confidential and considered non-CBI.
14 98.236c8iiE....................  Wells with oil production    Information on the count of atmospheric storage
                                     greater than or equal to     tanks with a throughput above 500 barrels of
                                     10 barrels per day, using    oil per day is already publicly available in
                                     Calculation Methodology 3    Title V permits under EPA's National Emission
                                     and 4 of 40 CFR 98.233(j),   Standards for Hazardous Air Pollutants
                                     where the following by sub-  (NESHAP) Subpart HH \10\ for Oil and Gas
                                     basin category are           Production. Further, knowledge of whether the
                                     reported: Count of           tanks are located on a well-pad or off a well-
                                     hydrocarbon tanks on well    pad does not provide any insight into the
                                     pads.                        operational characteristics of the facility.
                                                                  Nor does it provide insight into sensitive or
                                                                  proprietary information about a facility, but
                                                                  rather identifies the industry segment under
                                                                  subpart W to which the tanks belong. The EPA
                                                                  proposes that this data be not confidential
                                                                  and considered non-CBI.
15 98.236c5iE.....................  Well venting for liquids     The well casing diameter is the diameter of the
                                     unloading, for Calculation   pipe inserted into a recently drilled section
                                     Methodology 1, where the     of a borehole during the well drilling
                                     following by each tubing     process. Data on well casing diameter are
                                     diameter group and           publicly available from vendors of casing
                                     pressure group combination   pipes. Further, information about well casing
                                     within each sub-basin        diameter does not provide insight into the
                                     category are reported:       performance or the operational efficiency for
                                     Average casing diameter or   onshore petroleum and natural gas production
                                     internal tubing diameter,    facilities that would likely cause substantial
                                     where applicable.            competitive harm if disclosed. Moreover,
                                                                  facilities report this information for one
                                                                  well used to represent the remaining wells in
                                                                  a group. This data element is not necessarily
                                                                  the same for other wells in the same tubing
                                                                  size and pressure group combination and
                                                                  therefore, does not reveal sufficient data to
                                                                  characterize the operations of a particular
                                                                  business or compromise any of its business
                                                                  advantages. Thus, the sensitivity of these
                                                                  data elements is further diminished. Because
                                                                  this information is publicly available and
                                                                  also is reported as an average for a group of
                                                                  wells, the EPA proposes that this data be not
                                                                  confidential and considered non-CBI.
16 98.236c5iE.....................  Well venting for liquids     The well depth is the depth of a hydrocarbon
                                     unloading, for Calculation   well. Data on well depth is publicly available
                                     Methodology 1, where the     from State Oil and Gas Commission websites and
                                     following by each tubing     through commercial databases available to the
                                     diameter group and           public for purchase.\7\ Information about well
                                     pressure group combination   depth does not provide insight into the
                                     within each sub-basin        performance or the operational efficiency of
                                     category are reported:       onshore petroleum and natural gas production
                                     Well depth of each well      facilities that would likely cause substantial
                                     selected to represent        competitive harm if disclosed. Moreover,
                                     emissions in that tubing     facilities report this information for one
                                     size and pressure            well used to represent the remaining wells in
                                     combination.                 a group. This data element is not necessarily
                                                                  the same for other wells in the same tubing
                                                                  size and pressure group combination and
                                                                  therefore, does not reveal sufficient data to
                                                                  characterize the operations of a particular
                                                                  business or compromise any of its business
                                                                  advantages. Thus, the sensitivity of this data
                                                                  element is further diminished. Because this
                                                                  information is publicly available, and also is
                                                                  reported as representative of wells in the
                                                                  same group, the EPA proposes that this data be
                                                                  not confidential and considered non-CBI.

[[Page 11047]]

 
17 98.236c5iF.....................  Well venting for liquids     The casing pressure refers to the pressure of
                                     unloading, for Calculation   the casing of a hydrocarbon well. Data on
                                     Methodology 1, where the     casing pressure is publicly available from
                                     following by each tubing     State Oil and Gas Commission websites and
                                     diameter group and           through commercial databases available to the
                                     pressure group combination   public for purchase.\7\ Information about
                                     within each sub-basin        casing pressure does not provide insight into
                                     category are reported:       the performance or the operational efficiency
                                     Casing pressure of each      for onshore petroleum and natural gas
                                     well selected to represent   production facilities that would likely cause
                                     emissions in that tubing     substantial competitive harm if disclosed.
                                     size group and pressure      Moreover, facilities report this information
                                     group combination that       for one well used to represent the remaining
                                     does not have a plunger      wells in a group. This data element is not
                                     lift, pounds per square      necessarily the same for other wells in the
                                     inch (psia).                 same tubing size and pressure group
                                                                  combination and therefore does not reveal
                                                                  sufficient data to characterize the operations
                                                                  of a particular business or compromise its
                                                                  business advantage. Thus, the sensitivity of
                                                                  this data element is further diminished.
                                                                  Because this information is publicly available
                                                                  and also is reported as a representative
                                                                  number in a sub-basin, the EPA proposes that
                                                                  this data be not confidential and considered
                                                                  non-CBI.
18 98.236c5iG.....................  Well venting for liquids     Data on tubing pressure is publicly available
                                     unloading, for Calculation   from State Oil and Gas Commission websites and
                                     Methodology 1, where the     through commercial databases available to the
                                     following by each tubing     public for purchase.\7\ Information about
                                     diameter group and           tubing pressure does not provide insight into
                                     pressure group combination   the performance or the operational efficiency
                                     within each sub-basin        for onshore petroleum and natural gas
                                     category are reported:       production facilities that would likely cause
                                     Tubing pressure of each      substantial competitive harm if disclosed.
                                     well selected to represent   Moreover, facilities report this information
                                     emissions in a tubing size   for one well used to represent the remaining
                                     group and pressure group     wells in a group. This data element is not
                                     combination that has a       necessarily the same for other wells in the
                                     plunger lift (psia).         same tubing size and pressure group
                                                                  combination and therefore does not reveal
                                                                  sufficient data to characterize the operations
                                                                  of a particular business or compromise any of
                                                                  its business advantages. Thus, the sensitivity
                                                                  of this data element is further diminished.
                                                                  Because this information is publicly
                                                                  available, the EPA proposes that this data be
                                                                  not confidential and considered non-CBI.
19 98.236c5iiD....................  Well venting for liquids     The well casing diameter is the diameter of the
                                     unloading, for Calculation   pipe inserted into a recently drilled section
                                     Methodologies 2 and 3,       of a borehole during the well drilling
                                     where the following for      process. Data on well casing diameter are
                                     each sub-basin category      publicly available from vendors of casing
                                     are reported: Average        pipes. Information about well casing diameter
                                     internal casing diameter,    does not provide insight into the performance
                                     in inches, of each well,     or the operational efficiency of onshore
                                     where applicable.            petroleum and natural gas production
                                                                  facilities that would likely cause substantial
                                                                  competitive harm if disclosed. Because this
                                                                  information is publicly available and also is
                                                                  reported as an average for each sub-basin
                                                                  category, the EPA proposes that this data be
                                                                  not confidential and considered non-CBI.
20 98.236c13iA....................  Each centrifugal compressor  Wet seals form the barrier that keeps gas from
                                     with wet seals in            seeping through the gap between the compressor
                                     operational mode, where      shaft and the compressor casing. Information
                                     the following for each       about the number of wet seals connected to the
                                     degassing vent are           degassing vent of a centrifugal compressor
                                     reported: Number of wet      does not provide valuable insight into the
                                     seals connected to the       performance or the operational efficiency of
                                     degassing vent.              the reporting facility, but rather provides
                                                                  insight into the characteristics of a piece of
                                                                  equipment. Overall, the number of wet seals
                                                                  that are connected to a degassing vent is more
                                                                  a matter of operational convenience and does
                                                                  not reveal any process related information.
                                                                  The EPA proposes that this data element not be
                                                                  confidential and considered non-CBI.
21 98.236c16i.....................  Local distribution           The number of above grade transmission-
                                     companies: Number of above   distribution (T-D) transfer stations is the
                                     grade T-D transfer           number of stations where gas is transferred
                                     stations in the facility.    from a transmission pipeline to a distribution
                                                                  pipeline in a natural gas distribution
                                                                  facility. A larger number of T-D transfer
                                                                  stations could suggest that a larger quantity
                                                                  of gas is transferred into the LDC
                                                                  distribution network, however, this is not a
                                                                  definite or direct correlation. The amount of
                                                                  gas transferred can vary drastically depending
                                                                  on the operations of a local distribution
                                                                  company (LDC). Therefore, information about
                                                                  the number of above grade T-D transfer
                                                                  stations does not provide direct insight into
                                                                  the performance or the operational efficiency
                                                                  for LDCs. Moreover, even if throughput data
                                                                  could be inferred from the number of T-D
                                                                  transfer stations, the throughput data is
                                                                  already publicly available by company and
                                                                  state through EIA\11\, therefore further
                                                                  diminishing its sensitivity. The EPA is
                                                                  proposing that this data be not confidential
                                                                  and considered non-CBI.

[[Page 11048]]

 
22 98.236c16iv....................  Local distribution           The number of below grade transmission-
                                     companies: Report total      distribution (T-D) transfer stations is the
                                     number of below grade T-D    number of stations located underground where
                                     transfer stations in the     gas is transferred from a transmission
                                     facility.                    pipeline to a distribution pipeline in a
                                                                  natural gas distribution facility. A larger
                                                                  number of T-D transfer stations could suggest
                                                                  that a larger quantity of gas is transferred
                                                                  into the local distribution company (LDC)
                                                                  distribution network, however, this is not a
                                                                  definite or direct correlation. The amount of
                                                                  gas transferred can vary drastically depending
                                                                  on the operations of a LDC. Therefore,
                                                                  information about the number of below grade T-
                                                                  D transfer stations does not provide direct
                                                                  insight into the performance or the
                                                                  operational efficiency for LDCs. Moreover,
                                                                  even if throughput data could be inferred from
                                                                  the number of T-D transfer stations, the
                                                                  throughput data is already publicly available
                                                                  by company and state through EIA,\12\
                                                                  therefore further diminishing its sensitivity.
                                                                  The EPA is proposing that this data be not
                                                                  confidential and considered non-CBI.
23 98.236c16v.....................  Local distribution           The number of above grade metering-regulating
                                     companies: Report total      stations is the number of stations located
                                     number of above grade        above ground where gas is metered, pressure
                                     metering-regulating          regulated, or both, in a natural gas
                                     stations (which includes     distribution facility. This count includes the
                                     above grade T-D transfer     number of above grade T-D transfer stations,
                                     stations) in the facility.   where gas is transferred from a transmission
                                                                  pipeline to a distribution pipeline in a
                                                                  natural gas distribution facility. A larger
                                                                  number of metering-regulating stations could
                                                                  suggest that a larger quantity of gas is
                                                                  transferred into the LDC distribution network,
                                                                  however, this is not a definite or direct
                                                                  correlation. The amount of gas transferred can
                                                                  vary drastically depending on the operations
                                                                  of a local distribution company (LDC).
                                                                  Therefore, information about the number of
                                                                  above grade metering-regulating stations does
                                                                  not provide direct insight into the
                                                                  performance or the operational efficiency for
                                                                  LDCs. Moreover, even if throughput data could
                                                                  be inferred from the number of metering-
                                                                  regulating stations, the throughput data is
                                                                  already publicly available by company and
                                                                  state through EIA,\13\ therefore further
                                                                  diminishing its sensitivity. The EPA is
                                                                  proposing that this data be not confidential
                                                                  and considered non-CBI.
24 98.236c16vi....................  Local distribution           The number of below grade metering-regulating
                                     companies: Report total      stations is the number of stations located
                                     number of below grade        below ground where gas is metered, pressure
                                     metering-regulating          regulated, or both, in a natural gas
                                     stations (which includes     distribution facility. This count includes the
                                     below grade T-D transfer     number of below grade T-D transfer stations,
                                     stations) in the facility.   where gas is transferred from a transmission
                                                                  pipeline to a distribution pipeline in a
                                                                  natural gas distribution facility. A larger
                                                                  number of metering-regulating stations could
                                                                  suggest that a larger quantity of gas is
                                                                  transferred into the LDC distribution network,
                                                                  however, this is not a definite or direct
                                                                  correlation. The amount of gas transferred can
                                                                  vary drastically depending on the operations
                                                                  of a local distribution company (LDC).
                                                                  Therefore, information about the number of
                                                                  below grade metering-regulating stations does
                                                                  not provide direct insight into the
                                                                  performance or the operational efficiency for
                                                                  LDCs. Moreover, even if throughput data could
                                                                  be inferred from the number of metering-
                                                                  regulating stations, the throughput data is
                                                                  already publicly available by company and
                                                                  state through EIA,\14\ therefore further
                                                                  diminishing its sensitivity. The EPA is
                                                                  proposing that this data be not confidential
                                                                  and considered non-CBI.
25 98.236c17i.....................  Each EOR injection pump      Pump capacity, which will be reported by EOR
                                     blowdown: Pump capacity      operations in the onshore production segment
                                     (barrels per day).           only, can be estimated from the quantity of
                                                                  CO2 injected, because the pump capacity is
                                                                  proportional to the volume of CO2 that the
                                                                  pump is pumping (i.e., the volume of CO2e
                                                                  reported). Therefore, if the volume of CO2
                                                                  that was pumped is known, then the pump's
                                                                  capacity can be estimated to be between 150 to
                                                                  200 percent greater than the reported volume,
                                                                  to handle fluctuations in CO2 loads. The
                                                                  quantity of CO2 injected can be determined
                                                                  from Underground Injection Control (UIC)
                                                                  permits, which are issued for each injection
                                                                  well by the EPA or by states that have primary
                                                                  enforcement authority for permitting injection
                                                                  wells. Information related to UIC permits is
                                                                  reported to the EPA or states at least
                                                                  annually and made available to the public
                                                                  either through state websites or upon request
                                                                  from the public. Finally, knowing the pump
                                                                  capacity does not result in any competitive
                                                                  disadvantage to the reporter, because the
                                                                  injection volume of the pump, which is related
                                                                  to throughput of the pump, is publicly
                                                                  available through the EPA's UIC program. The
                                                                  EPA proposes that the subpart W pump capacity
                                                                  data element not be treated as confidential,
                                                                  because it can be estimated using publicly
                                                                  available data, to a level of accuracy that
                                                                  substantially diminishes the potential harm of
                                                                  releasing this data. Although a competitor can
                                                                  use this information to estimate injection or
                                                                  oil production volumes, such information is
                                                                  already publicly available. The EPA is
                                                                  proposing that this data be not confidential;
                                                                  and considered non-CBI.

[[Page 11049]]

 
26 98.236c19i.....................  Onshore petroleum and        The number of external combustion units with
                                     natural gas production and   heat input capacities equal to or less than
                                     natural gas distribution     5mmBtu/hour reveals nothing about the
                                     combustion emissions:        productivity of a business's operation (e.g.,
                                     Cumulative number of         capacity information). Information about the
                                     external fuel combustion     cumulative number of external fuel combustion
                                     units with a rated heat      units with specified heat capacities does not
                                     capacity equal to or less    provide insight into the performance or the
                                     than 5 mmBtu/hr, by type     operational efficiency for a facility that
                                     of unit.                     would likely cause substantial competitive
                                                                  harm if disclosed. Furthermore, technical
                                                                  specifications and operational details, such
                                                                  as hours of operation, are not revealed
                                                                  through this data element and hence cannot be
                                                                  used to determine throughput from each
                                                                  compressor. Moreover, throughput data for each
                                                                  facility is publicly available.\7\ Thus, this
                                                                  data element does not compromise confidential
                                                                  business information that will harm the
                                                                  business' competitive advantage, because the
                                                                  information that is revealed by this data
                                                                  element is already publicly available. The EPA
                                                                  is proposing that this data be not
                                                                  confidential and considered non-CBI.
27 98.236c19ii....................  Onshore petroleum and        The number of external combustion units with
                                     natural gas production and   heat input capacities greater than 5mmBtu/hour
                                     natural gas distribution     reveals nothing about the productivity of a
                                     combustion emissions:        business's operation (e.g., capacity
                                     Cumulative number of         information). Information about the cumulative
                                     external fuel combustion     number of external fuel combustion units with
                                     units with a rated heat      specified heat capacities does not provide
                                     capacity larger than 5       insight into the performance or the
                                     mmBtu/hr, by type of unit.   operational efficiency for a facility that
                                                                  would likely cause substantial competitive
                                                                  harm if disclosed. Furthermore, technical
                                                                  specifications and operational details, such
                                                                  as hours of operation, are not revealed
                                                                  through these data elements and hence cannot
                                                                  be used to determine throughput from each
                                                                  compressor. Moreover, throughput data for each
                                                                  facility is already publicly available.\7\
                                                                  Thus, this data element does not compromise
                                                                  confidential business information that will
                                                                  harm the business's competitive advantage,
                                                                  because the information that is revealed by
                                                                  this data element is already publicly
                                                                  available. The EPA is proposing that this data
                                                                  be not confidential and considered non-CBI.
28 98.236c19v.....................  Onshore petroleum and        The number of internal combustion units (other
                                     natural gas production and   than compressor drivers) with a rated heat
                                     natural gas distribution     input capacity of 1 mmBtu/hour or less (130
                                     combustion emissions:        HP) reveals nothing about the productivity of
                                     Cumulative number of         a business's operation (e.g., capacity
                                     internal fuel combustion     information). Information about the cumulative
                                     units, not compressor-       number of internal fuel combustion units with
                                     drivers, with a rated heat   specified heat capacities does not provide
                                     capacity equal to or less    insight into the performance or the
                                     than 1 mmBtu/hr or 130       operational efficiency for a facility that
                                     horse power, by type of      would likely cause substantial competitive
                                     unit.                        harm if disclosed. Furthermore, technical
                                                                  specifications and operational details, such
                                                                  as hours of operation, are not revealed
                                                                  through this data element and hence cannot be
                                                                  used to determine throughput from each
                                                                  compressor. Moreover, throughput data for each
                                                                  facility is already available in the public
                                                                  domain \7\. Thus, this data element does not
                                                                  compromise confidential business information
                                                                  that will harm the business's competitive
                                                                  advantage, because the information that is
                                                                  revealed by this data element is already
                                                                  publicly available. The EPA is proposing that
                                                                  this data be not confidential and considered
                                                                  non-CBI.
----------------------------------------------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \2\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
    \3\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
    \4\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
    \5\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
    \6\ http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm.
    \7\ http://www.didesktop.com/products/.
    \8\ http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm.
    \9\ http://www.didesktop.com/products/.
    \10\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
    \11\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \12\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \13\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \14\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
---------------------------------------------------------------------------

    The EPA is proposing to assign 38 subpart W data elements to the 
``Unit/process Operating Characteristics that Are Not Inputs to 
Emission Equations'' data category, because they are characteristics of 
equipment, such as wells and plunger lifts, abatement devices, and 
other facility-specific characteristics that vary over time with 
changes in operations and processes (and are not inputs to emission 
equations). Some of these elements are part of extension requests for 
the use of BAMM and generally relate to the reasons for a request and 
expected dates of compliance with regular reporting requirements. The 
remaining data elements are part of the annual GHG report for 40 CFR 
part 98, subpart W. All of the 38 data elements are listed below. Of 
the 38 data elements, elements 1 thru 37 are proposed as non-CBI, while 
data element 38 is proposed to be CBI, as explained in Table 4 of this 
preamble:

[[Page 11050]]



   Table 4--Data Elements Proposed to be Assigned to the ``Unit/Process Operating Characteristics That are Not
                                  Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
             Citation                       Data element                        Proposed rationale
----------------------------------------------------------------------------------------------------------------
1 98.236c4iiB.....................  All glycol dehydrator with   A glycol dehydration unit is a process unit
                                     throughput less than 0.4     that separates liquids from a natural gas
                                     MMscfd: Which vent gas       stream using diethylene glycol (DEG) or
                                     controls are used.           triethylene glycol (TEG). Information on the
                                                                  types of vent gas controls used for glycol
                                                                  dehydrators does not provide insight into the
                                                                  facility's performance or operational
                                                                  efficiency that would likely result in
                                                                  substantial competitive harm if disclosed.
                                                                  Furthermore, information about the types of
                                                                  vent gas controls typically used at petroleum
                                                                  and natural gas facilities is publicly
                                                                  available through EPA's Natural Gas Star
                                                                  Program technology fact sheets. The EPA is
                                                                  proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
2 98.236c5iB......................  Well venting for liquids     A plunger lift system is an artificial liquid
                                     unloading, for Calculation   lift mechanism that includes a plunger
                                     Methodology 1, where the     (tubular steel structure with valves) that
                                     following by each tubing     rests at the bottom of a wellbore on a spring
                                     diameter group and           loaded base. As gas is produced through the
                                     pressure group combination   natural gas well, liquids accumulate on top of
                                     within each sub-basin        the plunger and gradually reduce the flow rate
                                     category are reported:       of natural gas. To expel the liquids from the
                                     Whether the selected well    well, the well is shut-in, at which point the
                                     from the tubing diameter     casing pressure builds up and pushes the
                                     and pressure group           plunger to the surface preceded by the liquids
                                     combination had a plunger    in the wellbore. Information on whether or not
                                     lift (yes/no).               such artificial lift systems are being used
                                                                  for a given well would not provide insight
                                                                  into the performance or the operational
                                                                  efficiency of the facility because knowing
                                                                  those operational characteristics of a
                                                                  facility would not result in compromising a
                                                                  reporter's competitive advantage. Furthermore,
                                                                  the production and throughput data are already
                                                                  publicly available.\15\ The EPA is proposing
                                                                  that this data element is not confidential;
                                                                  and that it will be considered non-CBI.
3 98.236c5iB......................  Well venting for liquids     A plunger lift system is an artificial liquid
                                     unloading, for Calculation   lift mechanism that includes a plunger
                                     Methodology 1, where the     (tubular steel structure with valves) that
                                     following by each tubing     rests at the bottom of a wellbore on a spring
                                     diameter group and           loaded base. As gas is produced through the
                                     pressure group combination   natural gas well, liquids accumulate on top of
                                     within each sub-basin        the plunger and gradually reduce the flow rate
                                     category are reported:       of natural gas. To expel the liquids from the
                                     Count of plunger lifts.      well, the well is shut-in, at which point the
                                                                  casing pressure builds up and pushes the
                                                                  plunger to the surface preceded by the liquids
                                                                  in the wellbore. Information on the count of
                                                                  plunger lifts at a sub-basin level for a given
                                                                  facility does not reveal any sensitive
                                                                  information at a facility and would likely not
                                                                  cause competitive harm if disclosed. The EPA
                                                                  is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
4 98.236c5iA......................  Well venting for liquids     Liquid unloading is conducted in mature gas
                                     unloading, for Calculation   wells that have an accumulation of liquids
                                     Methodology 1, report the    that impedes the steady flow of natural gas.
                                     following by each tubing     This is a common occurrence in reservoirs
                                     diameter group and           where the pressure is depleted and liquids
                                     pressure group combination   enter the wellbore. Information on the number
                                     within each sub-basin        of wells vented to the atmosphere for the
                                     category are reported:       purposes of unloading liquids or the frequency
                                     Count of wells vented to     of the unloadings does not provide insight
                                     the atmosphere for liquids   into sensitive or proprietary information
                                     unloading.                   about a facility, but rather may give a sense
                                                                  of the relative vintage of the well and about
                                                                  production rates for a given well, which are
                                                                  already publicly available through state oil
                                                                  and gas commissions and commercial
                                                                  databases.\16\ Hence, information on the count
                                                                  of wells vented to the atmosphere for liquids
                                                                  unloading does not reveal any sensitive
                                                                  information at a facility and would likely not
                                                                  cause competitive harm if disclosed. The EPA
                                                                  is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
5 98.236c5iC......................  Well venting for liquids     Liquid unloading is conducted in mature gas
                                     unloading, for Calculation   wells that have an accumulation of liquids
                                     Methodology 1, report the    that impedes the steady flow of natural gas.
                                     following by each tubing     This is a common occurrence in reservoirs
                                     diameter group and           where the pressure is depleted and liquids
                                     pressure group combination   enter the wellbore. Information on the number
                                     within each sub-basin        of wells vented to the atmosphere for the
                                     category are reported:       purposes of unloading liquids or the frequency
                                     Cumulative number of         of the unloadings does not provide insight
                                     unloadings vented to the     into sensitive or proprietary information
                                     atmosphere.                  about a facility, but rather may give a sense
                                                                  of the relative vintage of the well and about
                                                                  production rates for a given well, which are
                                                                  already publicly available through state oil
                                                                  and gas commissions and commercial databases
                                                                  \16\. Hence, information on the count of wells
                                                                  vented to the atmosphere for liquids unloading
                                                                  does not reveal any sensitive information at a
                                                                  facility and would likely not cause
                                                                  competitive harm if disclosed. The EPA is
                                                                  proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.

[[Page 11051]]

 
6 98.236c5iiA.....................  Well venting for liquids     Liquid unloading is conducted in mature gas
                                     unloading, for Calculation   wells that have an accumulation of liquids
                                     Methodologies 2 and 3,       which impedes the steady flow of natural gas.
                                     report the following for     This is a common occurrence in reservoirs
                                     each sub-basin category      where the pressure is depleted and liquids
                                     are reported: Count of       enter the wellbore. Information on the number
                                     wells vented to the          of wells vented to the atmosphere for the
                                     atmosphere for liquids       purposes of unloading liquids or the frequency
                                     unloading.                   of the unloadings does not provide insight
                                                                  into sensitive or proprietary information
                                                                  about a facility, but rather may give a sense
                                                                  of the relative vintage of the well and about
                                                                  production rates for a given well, which are
                                                                  already publicly available through state oil
                                                                  and gas commissions and commercial
                                                                  databases.\16\. Hence, information on the
                                                                  count of wells vented to the atmosphere for
                                                                  liquids unloading does not reveal any
                                                                  sensitive information at a facility and would
                                                                  likely not cause competitive harm if
                                                                  disclosed. The EPA is proposing that this data
                                                                  element is not confidential; and that it will
                                                                  be considered non-CBI.
7 98.236c5iiB.....................  Well venting for liquids     A plunger lift systems is an artificial liquid
                                     unloading, for Calculation   lift mechanism that includes a plunger
                                     Methodologies 2 and 3,       (tubular steel structure with valves) that
                                     where the following by       rests at the bottom of a wellbore on a spring
                                     each tubing diameter group   loaded base. As gas is produced through the
                                     and pressure group           natural gas well, liquids accumulate on top of
                                     combination within each      the plunger and gradually reduce the flow rate
                                     sub-basin category are       of natural gas. To expel the liquids from the
                                     reported: Count of plunger   well, the well is shut-in, at which point the
                                     lifts.                       casing pressure builds up and pushes the
                                                                  plunger to the surface preceded by the liquids
                                                                  in the wellbore. Information on the count of
                                                                  plunger lifts at a sub-basin level for a given
                                                                  facility does not reveal any sensitive
                                                                  information at a facility and would likely not
                                                                  cause competitive harm if disclosed. The EPA
                                                                  is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
8 98.236c6iA......................  Gas well completions with    The term ``well completions'' commonly refers
                                     hydraulic fracturing,        to the process of cleaning the wellbore of
                                     report the following for     drill cuttings, cutting fluids, and proppants
                                     each sub-basin and well      (when a well is hydraulically fractured) after
                                     type (horizontal or          the well has been drilled. Information on the
                                     vertical) combination:       number of completions performed by an oil and
                                     Total count of completions   gas operator in a given year is available
                                     in calendar year.            publicly on state oil and gas commission Web
                                                                  sites, commercial oil and gas databases,\17\
                                                                  and also is available publicly through the
                                                                  EIA. Therefore, the EPA is proposing that this
                                                                  data element is not confidential; and that it
                                                                  will be considered non-CBI.
9 98.236c6iG......................  Gas well completions with    The term ``well completions'' commonly refers
                                     hydraulic fracturing,        to the process of cleaning the wellbore of
                                     where the following for      drill cuttings, cutting fluids, and proppants
                                     each sub-basin and well      (when a well is hydraulically fractured) after
                                     type (horizontal or          the well has been drilled. Hydraulically
                                     vertical) combination are    fractured wells result in significantly higher
                                     reported: Number of          backflow gas in comparison to conventional
                                     completions employing        wells without hydraulic fracturing.
                                     purposely designed           Completions on a subset of the hydraulically
                                     equipment that separates     fractured wells may be performed using
                                     natural gas from the         purposely designed equipment that separates
                                     backflow.                    natural gas from the backflow, generally
                                                                  referred to as reduced emission completions.
                                                                  Information on the number of completions
                                                                  performed by an oil and gas operator in a
                                                                  given year is available publicly on state oil
                                                                  and gas commission Web sites, and also is
                                                                  available publicly through the EIA. The amount
                                                                  of estimated emissions resulting from well
                                                                  completions and workovers with hydraulic
                                                                  fracturing employing purposely designed
                                                                  equipment that separates natural gas from the
                                                                  backflow is publicly available in the National
                                                                  Inventory. The disclosure of the number of
                                                                  completions employing purposely designed
                                                                  equipment that separates natural gas from the
                                                                  backflow is not likely to cause substantial
                                                                  competitive harm because throughput data are
                                                                  already publicly available through the
                                                                  EIA.\18\ Therefore, the EPA is proposing that
                                                                  this data element is not confidential; and
                                                                  that it will be considered non-CBI.
10 98.236c6iC.....................  Gas well workovers with      As natural gas wells mature, the production
                                     hydraulic fracturing,        from the well decreases. Often such mature
                                     report the following for     wells are hydraulically fractured to increase
                                     each sub-basin and well      production and the wells are re-completed.
                                     type (horizontal or          Information on the number of workovers
                                     vertical) combination:       performed nationally in a given year is
                                     Total count of workovers     available through the U.S. National Inventory.
                                     in calendar year that        Knowing that wells are being worked over can
                                     flare gas or vent gas to     only give a sense of the relative vintage of
                                     the atmosphere.              the well and increase in production rates.
                                                                  However, the information on age and production
                                                                  throughput is available through oil and gas
                                                                  commissions and commercial databases as well
                                                                  as the EIA.\19\ Hence, information on the
                                                                  count of wells that undergo workovers does not
                                                                  reveal any sensitive information at a facility
                                                                  and would likely not cause competitive harm if
                                                                  disclosed. The EPA is proposing that this data
                                                                  element is not confidential; and that it will
                                                                  be considered non-CBI.

[[Page 11052]]

 
11 98.236c6iH.....................  Gas well workovers with      As natural gas wells mature, the production
                                     hydraulic fracturing,        from the well decreases. Often such mature
                                     where the following for      wells are hydraulically fractured to increase
                                     each sub-basin and well      production and the wells are re-completed.
                                     type (horizontal or          Information on the number of workovers
                                     vertical) combination are    performed by oil and gas operators in a given
                                     reported: Number of          year is available publicly through the U.S.
                                     workovers employing          National Inventory. The amount of estimated
                                     purposely designed           emissions resulting from well completions and
                                     equipment that separates     workovers with hydraulic fracturing employing
                                     natural gas from the         purposely designed equipment that separates
                                     backflow.                    natural gas from the backflow is publicly
                                                                  available in the National Inventory. The
                                                                  amount of natural gas captured through reduced
                                                                  emission completions from well workovers gives
                                                                  a sense of the mitigation of GHGs and increase
                                                                  in throughput, i.e. gas production. However,
                                                                  throughput information is already available
                                                                  through oil and gas commission Web sites and
                                                                  commercial oil and gas databases as well as
                                                                  the EIA.\20\ Therefore, the disclosure of the
                                                                  information on the number of workovers
                                                                  employing purposely-designed equipment that
                                                                  separates natural gas from the backflow is not
                                                                  likely to cause substantial competitive harm.
                                                                  The EPA is proposing that this data element is
                                                                  not confidential; and that it will be
                                                                  considered non-CBI.
12 98.236c6iiC....................  Gas well completions and     The term ``well completions'' commonly refers
                                     workovers without            to the process of cleaning the wellbore of
                                     hydraulic fracturing:        drill cuttings, cutting fluids, and proppants
                                     Total number of days of      (when well is hydraulically fractured) after
                                     gas venting to the           the well has been drilled. Information on the
                                     atmosphere during backflow   number of completions performed by an oil and
                                     for completion.              gas operator in a given year is available
                                                                  publicly on state oil and gas commission Web
                                                                  sites, and through the EIA. Furthermore, the
                                                                  disclosure of information on the total number
                                                                  of days of gas venting to the atmosphere
                                                                  during backflow for completion is not likely
                                                                  to cause substantial competitive harm because
                                                                  it does not reveal sensitive or proprietary
                                                                  information about the facility. Therefore, the
                                                                  disclosure of the information on the number of
                                                                  days of backflow during completions is not
                                                                  likely to cause substantial competitive harm.
                                                                  The EPA is proposing that this data element is
                                                                  not confidential; and that it will be
                                                                  considered non-CBI.
13 98.236c7iA.....................  For blowdown vent stack      When equipment is taken out of service either
                                     emission source, for each    to be placed in standby or for maintenance
                                     unique physical volume       purposes, the natural gas in the equipment is
                                     that is blown down more      typically released to the atmosphere. Such a
                                     than once during the         practice is called blowdown. Blowdowns in a
                                     calendar year: Total         facility, unless for planned maintenance, are
                                     number of blowdowns for      usually un-planned events. The number of
                                     each unique physical         blowdowns does not provide any process
                                     volume in the calendar       specific information, such as how long the
                                     year (when using Eq. W-      equipment has been operating or at what
                                     14B).                        efficiency. Hence, the disclosure of the
                                                                  information on the number of blowdowns is not
                                                                  likely to cause substantial competitive harm.
                                                                  The EPA is proposing that this data element is
                                                                  not confidential; and that it will be
                                                                  considered non-CBI.
14 98.236c7iiA....................  For blowdown vent stack      When equipment is taken out of service either
                                     emission source, for all     to be placed in standby or for maintenance
                                     unique volumes that are      purposes, the natural gas in the equipment is
                                     blown down once during the   typically released to the atmosphere. Such a
                                     calendar year: Total         practice is called blowdown. Blowdowns in a
                                     number of blowdowns for      facility, unless for planned maintenance, are
                                     all unique physical          usually un-planned events. The number of
                                     volumes in the calendar      blowdowns does not provide any process
                                     year.                        specific information, such as how long the
                                                                  equipment has been operating or at what
                                                                  efficiency. Hence, the disclosure of the
                                                                  information on the number of blowdowns is not
                                                                  likely to cause substantial competitive harm.
                                                                  The EPA is proposing that this data element is
                                                                  not confidential; and that it will be
                                                                  considered non-CBI.
15 98.236c8iB.....................  Wellhead gas-liquid          Separators are used to separate hydrocarbons
                                     separator with oil           into liquid and gas phases. Separators are
                                     throughput greater than or   typically connected to atmospheric storage
                                     equal to 10 barrels per      tanks (hydrocarbon tanks) where hydrocarbon
                                     day, using Calculation       liquids are stored. Characteristics of the
                                     Methodology 1 and 2 of 40    separator, such as temperature and pressure,
                                     CFR 98.233(j), reported by   may vary widely and are dependant on the
                                     sub-basin category:          particular characteristics of the oil entering
                                     Estimated average            the separator. Information about the
                                     separator temperature        temperature of the separator does not provide
                                     (degrees Fahrenheit) (when   insight into the performance or the
                                     using methodology 1).        operational efficiency of the separator that
                                                                  would likely cause substantial competitive
                                                                  harm if disclosed, because general information
                                                                  about throughput, which may be inferred when
                                                                  combined with other information, about this
                                                                  equipment is already publicly available.
                                                                  Furthermore, this data element is reported as
                                                                  an average value from a sub-basin, and is not
                                                                  reported for each piece of equipment, further
                                                                  diminishing any sensitivity related to
                                                                  disclosure of this data element. The EPA is
                                                                  proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.

[[Page 11053]]

 
16 98.236c8iB.....................  Wellhead gas-liquid          Separators are used to separate hydrocarbons
                                     separator with oil           into liquid and gas phases. Separators are
                                     throughput greater than or   typically connected to atmospheric storage
                                     equal to 10 barrels per      tanks (hydrocarbon tanks) where hydrocarbon
                                     day, using Calculation       liquids are stored. Characteristics of the
                                     Methodology 1 and 2 of 40    separator, such as temperature and pressure,
                                     CFR 98.233(j), reported by   may vary widely and are dependent on the
                                     sub-basin category:          particular characteristics of the oil entering
                                     Estimated average            the separator. Information about the
                                     separator temperature        temperature of the separator does not provide
                                     (degrees Fahrenheit) (when   insight into the performance or the
                                     using methodology 2).        operational efficiency of the separator that
                                                                  would likely cause substantial competitive
                                                                  harm if disclosed, because general information
                                                                  about throughput, which may be inferred when
                                                                  combined with other information about this
                                                                  equipment that is already publicly available.
                                                                  Furthermore, this data element is reported as
                                                                  an average value from a sub-basin, and is not
                                                                  reported for each piece of equipment,
                                                                  therefore, further diminishing any sensitivity
                                                                  related to disclosure of this data element.
                                                                  The EPA is proposing that this data element is
                                                                  not confidential; and that it will be
                                                                  considered non-CBI.
17 98.236c8iB.....................  Wellhead gas-liquid          Separators are used to separate hydrocarbons
                                     separator with oil           into liquid and gas phases. Separators are
                                     throughput greater than or   typically connected to atmospheric storage
                                     equal to 10 barrels per      tanks (hydrocarbon tanks) where hydrocarbon
                                     day, using Calculation       liquids are stored. Characteristics of the
                                     Methodology 1 and 2 of 40    separator, such as temperature and pressure,
                                     CFR 98.233(j), reported by   may vary widely and are dependent on the
                                     sub-basin category:          particular characteristics of the oil entering
                                     Estimated average pressure   the separator. Information about the pressure
                                     (psig) (when using           of the separator does not provide insight into
                                     methodology 1).              the performance or the operational efficiency
                                                                  of the separator that would likely cause
                                                                  substantial competitive harm if disclosed,
                                                                  because general information about throughput,
                                                                  which may be inferred when combined with other
                                                                  information about this equipment that is
                                                                  already publicly available. Furthermore, this
                                                                  data element is reported as an average value
                                                                  from a sub-basin, and is not reported for each
                                                                  piece of equipment, further diminishing any
                                                                  sensitivity related to disclosure of this data
                                                                  element. The EPA is proposing that this data
                                                                  element is not confidential; and that it will
                                                                  be considered non-CBI.
18 98.236c8iB.....................  Wellhead gas-liquid          Separators are used to separate hydrocarbons
                                     separator with oil           into liquid and gas phases. Separators are
                                     throughput greater than or   typically connected to atmospheric storage
                                     equal to 10 barrels per      tanks (hydrocarbon tanks) where hydrocarbon
                                     day, using Calculation       liquids are stored. Characteristics of the
                                     Methodology 1 and 2 of 40    separator, such as temperature and pressure,
                                     CFR 98.233(j), reported by   may vary widely and are dependent on the
                                     sub-basin category:          particular characteristics of the oil entering
                                     Estimated average pressure   the separator. Information about the pressure
                                     (psig) (when using           of the separator does not provide insight into
                                     methodology 2).              the performance or the operational efficiency
                                                                  of the separator that would likely cause
                                                                  substantial competitive harm if disclosed,
                                                                  because general information about throughput,
                                                                  which may be inferred when combined with other
                                                                  information about this equipment that is
                                                                  already publicly available. Furthermore, this
                                                                  data element is reported as an average value
                                                                  from a sub-basin, and is not reported for each
                                                                  piece of equipment, further diminishing any
                                                                  sensitivity related to disclosure of this data
                                                                  element. The EPA is proposing that this data
                                                                  element is not confidential; and that it will
                                                                  be considered non-CBI.
19 98.236c8ivA....................  If wellhead separator dump   Separators are used to separate hydrocarbons
                                     valve is functioning         into liquid and gas phases. Separators are
                                     improperly during the        typically connected to atmospheric storage
                                     calendar year: Count of      tanks (hydrocarbon tanks) where hydrocarbon
                                     wellhead separators that     liquids are stored. Dump valves on separators
                                     dump valve factor is         are used to periodically dump liquids in the
                                     applied.                     separator into a liquids pipeline.
                                                                  Malfunctioning dump valves are a function of
                                                                  the maintenance of the separator. Information
                                                                  on dump valves, such as the count of
                                                                  separators for which the dump valves were
                                                                  improperly functioning during the calendar
                                                                  year, would not provide meaningful insight
                                                                  into proprietary or sensitive information at a
                                                                  facility and would likely not cause
                                                                  competitive harm if disclosed. The EPA is
                                                                  proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.

[[Page 11054]]

 
20 98.236c10i.....................  Well testing venting and     Well testing venting and flaring refers to the
                                     flaring: Number of wells     process by which an owner or operator vents or
                                     tested per basin in          flares natural gas at the time the production
                                     calendar year.               rate of a well is determined for regulatory,
                                                                  commercial, or technical purposes. Venting and
                                                                  flaring done immediately after a well
                                                                  completion is included in the well completion
                                                                  emissions and not under the well testing
                                                                  venting and flaring emissions source. The EPA
                                                                  is proposing that the disclosure of this data
                                                                  be non-confidential, because the disclosure of
                                                                  this data likely would not cause substantial
                                                                  competitive harm. The data is reported at a
                                                                  basin level as opposed to a field or sub-basin
                                                                  level, which is at a much greater level of
                                                                  granularity. Furthermore, reporting the number
                                                                  of wells tested in a basin for a given year
                                                                  does not provide any insight on exactly which
                                                                  wells within that basin were tested, thereby
                                                                  diminishing the sensitivity associated with
                                                                  disclosure of this data. Lastly, the data
                                                                  reported does not include the production rate
                                                                  of the tested well, thereby further
                                                                  diminishing the sensitivity with disclosure of
                                                                  this data. The EPA is proposing that this data
                                                                  element is not confidential; and that it will
                                                                  be considered non-CBI.
21 98.236c10ii....................  Well testing venting and     Well testing venting and flaring refers to the
                                     flaring: Average gas to      process by which an owner or operator vents or
                                     oil ratio for each basin.    flares natural gas at the time the production
                                                                  rate of a well is determined for regulatory,
                                                                  commercial, or technical purposes. Venting and
                                                                  flaring done immediately after a well
                                                                  completion is included in the well completion
                                                                  emissions and not under the well testing
                                                                  venting and flaring emissions source.
                                                                  Disclosure of the average gas to oil ratio of
                                                                  wells tested within a basin is not likely to
                                                                  cause substantial competitive harm because
                                                                  information on the gas to oil ratio for wells
                                                                  can be determined through publicly available
                                                                  information through many state agencies (e.g.,
                                                                  the Railroad Commission of Texas lists the gas
                                                                  to oil ratio in their ``Gas Master'' and ``Oil
                                                                  Master'' publications). Furthermore, this data
                                                                  element is reported as an average ratio at a
                                                                  basin level and is not reported on a per well
                                                                  basis, further diminishing sensitivity
                                                                  associated with disclosure of this data. The
                                                                  EPA is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
22 98.236c10iii...................  Well testing venting and     Well testing venting and flaring refers to the
                                     flaring: Average number of   process by which an owner or operator vents or
                                     days the well is tested in   flares natural gas at the time the production
                                     a basin.                     rate of a well is determined for regulatory,
                                                                  commercial, or technical purposes. Venting and
                                                                  flaring done immediately after a well
                                                                  completion is included in the well completion
                                                                  emissions and not under the well testing
                                                                  venting and flaring emissions source.
                                                                  Disclosure of the average number of days the
                                                                  well is tested in a basin is not likely to
                                                                  cause substantial harm, because reporters are
                                                                  reporting an average for all of the wells
                                                                  tested within a basin rather than reporting
                                                                  for the number of data days of well testing
                                                                  for individual wells. Furthermore, the number
                                                                  of days a well is tested in a basin is not
                                                                  likely to provide any insight into proprietary
                                                                  or sensitive information at a facility and
                                                                  would likely not cause competitive harm if
                                                                  disclosed. The EPA is proposing that this data
                                                                  element is not confidential; and that it will
                                                                  be considered non-CBI.
23 98.236c11ii....................  Associated natural gas       Disclosure of the average gas to oil ratio of
                                     venting and flaring for      wells tested within a basin is not likely to
                                     each basin: Average gas to   cause substantial competitive harm, because
                                     oil ratio for each basin.    information on the gas to oil ratio for wells
                                                                  can be determined through publicly available
                                                                  information through many state agencies (e.g.,
                                                                  the Railroad Commission of Texas lists the gas
                                                                  to oil ration in their ``Gas Master'' and
                                                                  ``Oil Master'' publications). Gas to oil
                                                                  ratios can generally be determined from the
                                                                  ratio of the volume of gas that comes out of
                                                                  solution to the volume of oil produced at
                                                                  specified conditions. Furthermore, this data
                                                                  element is reported as an average ratio at a
                                                                  basin level and is not reported on a per well
                                                                  basis, thus further diminishing sensitivity
                                                                  associated with disclosure. The EPA is
                                                                  proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
24 98.236c11i.....................  For associated natural gas   Associated natural gas is vented or flared when
                                     venting and flaring for      it is not being captured for sales. This
                                     each basin: Number of        information can be used to determine the crude
                                     wells venting or flaring     oil production from the facility. However,
                                     associated natural gas in    because production information is already
                                     a calendar year.             available through state oil and gas
                                                                  commissions and commercial oil and gas
                                                                  databases, including the EIA,\21\ the EPA is
                                                                  proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
25 98.236c12iii...................  Flare stacks: Percent of     The EIA published emissions information on
                                     gas sent to un-lit flare     vents and flares in an Emissions Study which
                                     determined by engineering    is available to the public.\22\ In addition,
                                     estimate and process         the Bureau of Energy Management and Regulatory
                                     knowledge based on best      Enforcement (BOEMRE) collects information on
                                     available data and           flare and vent stack emissions through 30 CFR
                                     operating records.           250.1163(a),\23\ for which information is made
                                                                  publicly available through the offshore
                                                                  platform studies. Hence, the EPA is proposing
                                                                  that this data element is not confidential;
                                                                  and that it will be considered non-CBI.

[[Page 11055]]

 
26 98.236c15iB....................  For each component type      The typical composition of natural gas in
                                     (major equipment type for    processing plants upstream of the dew point
                                     onshore production) that     control is similar to that of production
                                     uses emission factors for    quality gas. Production quality gas
                                     estimating emissions         information is available through databases
                                     (refer to 40 CFR 98.233(q)   from Gas Technology Institute \24\ and
                                     and (r)): Equipment leaks    Department of Energy Gas Information System
                                     found in each leak survey:   (GASIS) Database \25\ both of which are
                                     For Onshore natural gas      publicly available. Furthermore, the
                                     processing; range of         composition of natural gas downstream of the
                                     concentrations of CO2        dew point control is typically similar to
                                     (refer to Equation W-30 of   transmission quality gas. Transmission
                                     40 CFR 98.233).              pipeline companies continuously monitor their
                                                                  gas composition and publish gas composition
                                                                  data on their Web sites. Also, the composition
                                                                  of gas varies throughout the year. Hence, the
                                                                  disclosure of the range of concentrations of
                                                                  individual components is not likely to cause
                                                                  substantial competitive harm. Therefore, the
                                                                  EPA is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
27 98.236c15iB....................  For each component type      The typical composition of natural gas in
                                     (major equipment type for    processing plants upstream of the dew point
                                     onshore production) that     control is similar to that of production
                                     uses emission factors for    quality gas. Production quality gas
                                     estimating emissions         information is available through databases
                                     (refer to 40 CFR 98.233(q)   from Gas Technology Institute \26\ and
                                     and (r)): Equipment leaks    Department of Energy GASIS Database \27\ both
                                     found in each leak survey:   of which are publicly available. Furthermore,
                                     For Onshore natural gas      the composition of natural gas downstream of
                                     processing; range of         the dew point control is typically similar to
                                     concentrations of CH4        transmission quality gas. Transmission
                                     (refer to Equation W-30 of   pipeline companies continuously monitor their
                                     40 CFR 98.233).              gas composition and publish gas composition
                                                                  data on their websites. Also, the composition
                                                                  of gas varies throughout the year. Hence, the
                                                                  disclosure of the range of concentrations of
                                                                  individual components is not likely to cause
                                                                  substantial competitive harm. Therefore, the
                                                                  EPA is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
28 98.236c15iA....................  For each component type      The term ``equipment leaks'' refers to those
                                     (major equipment type for    emissions which could not reasonably pass
                                     onshore production) that     through a stack, chimney, vent, or other
                                     uses emission factors for    functionally-equivalent opening. Leaking
                                     estimating emissions         components at a facility may have a
                                     (refer to 40 CFR 98.233(q)   correlation to the level of maintenance at a
                                     and (r)): Total count of     facility. However, there is no direct
                                     leaks found in each          correlation between the level of maintenance
                                     complete survey listed by    and process efficiency, i.e. a higher number
                                     date of survey and each      of leaks in one facility do not indicate that
                                     type of leak source for      the processes have been running longer or more
                                     which there is a leaker      frequently than those processes at another
                                     emission factor in Tables    facility that has a lower number of leaks.
                                     W-2, W-3, W-4, W-5, W-6,     Furthermore, Department of Transportation and
                                     and W-7 of this subpart.     Federal Energy Regulatory Commission (FERC)
                                                                  regulations require natural gas distribution
                                                                  companies and transmission pipeline companies,
                                                                  respectively, to conduct periodic leak
                                                                  detection and fix any leaking equipment. The
                                                                  number of leaks detected and fixed are
                                                                  classified and reported to the DOT and is
                                                                  publicly available. Finally, 40 CFR part 60,
                                                                  subpart KKK requires facilities to monitor for
                                                                  VOC leaks and report them to the EPA. The EPA
                                                                  is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
29 98.236e........................  For onshore petroleum and    The API gravity is a measurement of density of
                                     natural gas production       crude oil or petroleum product. Information
                                     report the following: Best   about the API gravity for specific operators
                                     available estimate of the    in a basin is publicly available through many
                                     API gravity for each oil     state agencies (e.g., the Railroad Commission
                                     sub-basin category.          of Texas). Therefore, the disclosure of the
                                                                  API gravity is not likely to cause substantial
                                                                  competitive harm. Furthermore, this data
                                                                  element is reported as an average for the sub-
                                                                  basin rather than for individual wells, which
                                                                  further diminishes any sensitivity associated
                                                                  with disclosure of this data element. The EPA
                                                                  is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
30 98.236e........................  For onshore petroleum and    Gas to oil ratios can generally be determined
                                     natural gas production       by taking the ratio of the volume of gas that
                                     report the following: Best   comes out of solution, to the volume of oil
                                     available estimate of the    produced at specified conditions. Disclosure
                                     gas to oil ratio for each    of the average gas to oil ratio of wells
                                     oil sub-basin category.      tested within a basin is not likely to cause
                                                                  substantial competitive harm because the gas
                                                                  to oil ratio for wells can be determined from
                                                                  information made public by many state agencies
                                                                  (e.g., the Railroad Commission of Texas).
                                                                  Also, this data element is reported as an
                                                                  average ratio for the sub-basin and is not
                                                                  reported on a per well basis, further
                                                                  diminishing sensitivity associated with
                                                                  disclosure. The EPA is proposing that this
                                                                  data element is not confidential; and that it
                                                                  will be considered non-CBI.
31 98.236e........................  For onshore petroleum and    The low pressure separator refers to the last
                                     natural gas production       separator in a series of separators that are
                                     report the following: Best   used for gravity separation of hydrocarbons
                                     available estimate of the    into liquid and gas phases. Separator
                                     average low pressure         pressure, along with the gas-to-oil ratio and
                                     separator pressure for       temperature of the separator, can be used to
                                     each oil sub-basin           estimate throughput of natural gas and oil (or
                                     category.                    condensate) from the facility. However,
                                                                  throughput information is already available
                                                                  through state oil and gas commissions and
                                                                  commercial oil and gas databases as well as
                                                                  the EIA.\28\ Hence, the EPA is proposing that
                                                                  this data element is not confidential; and
                                                                  that it will be considered non-CBI.

[[Page 11056]]

 
32 98.236c13iB....................  For compressors with wet     Compressors are sometimes equipped with wet
                                     seals in operational mode:   seals. Wet seals form the barrier that keeps
                                     Fraction of vent gas         gas from seeping through the gap between the
                                     recovered for fuel or        compressor shaft and the compressor casing.
                                     sales or flared.             Knowing the fraction of vent gas recovered for
                                                                  fuel, sales, or flare can give an indication
                                                                  of the efficiency of the capture device.
                                                                  However, such efficiencies are common
                                                                  knowledge available from equipment vendors. In
                                                                  addition, knowing the fraction of gas captured
                                                                  can give an indication of the volume of gas
                                                                  captured. The volume of gas captured for
                                                                  sending to a flare or fuel system are a
                                                                  portion of the total flare emissions and total
                                                                  fuel consumed at a facility. Information on
                                                                  flare emissions from processing plants is
                                                                  publicly available through EIA. Because this
                                                                  type of information is available upstream, the
                                                                  EPA is proposing that the same type of
                                                                  information being reported by other facilities
                                                                  downstream of the processing plant will also
                                                                  not cause substantial competitive harm if
                                                                  disclosed and would not result in any
                                                                  competitive disadvantage to the reporters.
                                                                  Finally, the sales volume of gas, essentially
                                                                  the facility throughput, is public information
                                                                  available through state oil and gas commission
                                                                  websites and commercial oil and gas databases
                                                                  as well as the EIA.\29\ Hence, the EPA is
                                                                  proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
33 98.236c8iiiD...................  Wellhead gas-liquid          The fraction of production sent to tanks with
                                     separators and wells with    assumed control measures, either with vapor
                                     throughput less than 10      recovery systems or flares, refers to the
                                     barrels per day, using       amount of hydrocarbon liquids produced from
                                     Calculation Methodology 5    wells that is sent to tanks with specified
                                     of 40 CFR 98.233(j)          control measures. Information about the
                                     Equation W-15 of 40 CFR      fraction of production sent to tanks with
                                     98.233: Best estimate of     control measures would likely not cause
                                     fraction of production       substantial competitive harm because the
                                     sent to tanks with assumed   estimated amount of methane and carbon dioxide
                                     control measures: either     emissions for tanks and separators are
                                     vapor recovery system or     publicly available through EPA's National
                                     flaring of tank vapors.      Inventory, thus diminishing the sensitivity of
                                                                  disclosing this data. Furthermore, the amount
                                                                  of gas captured, can indicate the increase in
                                                                  production throughput of the facility.
                                                                  However, this is already publicly available
                                                                  through many state oil and gas commissions,
                                                                  and is also available through commercial oil
                                                                  and gas databases as well as the EIA.\30\ The
                                                                  EPA is proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
34 98.234f8i......................  Extension requests which     An initial notice of intent to extend the
                                     request Best Available       period during which BAMM is used does not
                                     Monitoring Method (BAMM)     contain detailed information, such as process
                                     beyond 2011 for sources      diagrams and operational information, which
                                     listed in 40 CFR             could provide insight into facility-specific
                                     98.234(f)(2), (3), (4),      operating conditions or process design, or any
                                     and (5)(iv): Initial         other proprietary or sensitive information at
                                     electronic notice of         a facility, and would likely not cause
                                     intent to submit an          competitive harm if disclosed. The EPA is
                                     extension request for the    proposing that this data element is not
                                     use of BAMM beyond           confidential; and that it will be considered
                                     December 31, 2011.           non-CBI.
35 98.234f8iiB....................  Extension requests which     The description of the unique or unusual
                                     request BAMM beyond 2011     circumstances, including data collection
                                     for sources listed in 40     methodologies that the reporting facility
                                     CFR 98.234(f)(2), (3),       cannot follow or of the monitoring instruments
                                     (4), and (5)(iv):            that cannot be installed does not reveal
                                     Description of the unique    detailed information, such as process diagrams
                                     or unusual circumstances,    and operational information, which could
                                     such as data collection      provide insight into facility-specific
                                     methodologies that do not    operating conditions or process design, or any
                                     meet safety regulations or   other proprietary or sensitive information at
                                     specific laws or             a facility, and would likely not cause
                                     regulations that conflict    competitive harm if disclosed. The EPA is
                                     for each source for which    proposing that this data element is not
                                     an owner or operator is      confidential; and that it will be considered
                                     requesting use of BAMM.      non-CBI.
36 98.234f8iiB....................  Extension requests which     The description of the unique or unusual
                                     request BAMM beyond 2011     circumstances, including data collection
                                     for sources listed in 40     methodologies that the reporting facility
                                     CFR 98.234(f) (2), (3),      cannot follow or of the monitoring instruments
                                     (4), and (5) (iv):           that cannot be installed does not reveal
                                     Description of the unique    detailed information, such as process diagrams
                                     or unusual circumstances,    and operational information, which could
                                     such as data collection      provide insight into facility-specific
                                     methodologies that are       operating conditions or process design, or any
                                     technically infeasible for   other proprietary or sensitive information at
                                     which an owner or operator   a facility, and would likely not cause
                                     is requesting use of BAMM.   competitive harm if disclosed. The EPA is
                                                                  proposing that this data element is not
                                                                  confidential; and that it will be considered
                                                                  non-CBI.
37 98.234f8iiC....................  Extension requests which     A description of the methods by which the
                                     request BAMM beyond 2011     necessary equipment and services will be
                                     for sources listed in 40     secured does not reveal detailed information,
                                     CFR 98.234(f)(2), (3),       such as process diagrams and operational
                                     (4), and (5)(iv): Detailed   information, which could provide insight into
                                     explanation and supporting   facility-specific operating conditions or
                                     documentation of how the     process design, or any other proprietary or
                                     owner or operator will       sensitive information at a facility, and would
                                     receive the services or      likely not cause competitive harm if
                                     equipment to comply with     disclosed. The EPA is proposing that this data
                                     all of these subpart W       element is not confidential; and that it will
                                     reporting requirements.      be considered non-CBI.

[[Page 11057]]

 
38 98.234f8iiC....................  Extension requests which     This data element includes the dates by which
                                     request BAMM beyond 2011     the owner or operator will receive the
                                     for sources listed in 40     services or equipment necessary to comply with
                                     CFR 98.234(f)(2), (3),       all of the subpart W reporting requirements.
                                     (4), and (5)(iv): Detailed   The EPA is proposing that this data element be
                                     explanation and supporting   confidential because it would reveal
                                     documentation of when the    information to a competitor about when a
                                     owner or operator will       facility would be installing equipment or when
                                     receive the services or      the facility would plan to perform the
                                     equipment to comply with     necessary modifications to their processes in
                                     all of these subpart W       order to comply with the rule. The disclosure
                                     reporting requirements.      of this type of sensitive information about a
                                     Proposed as CBI.             facility's internal processes may give a
                                                                  competitor an unfair advantage. See 40 CFR
                                                                  98.234(f) (8)(ii)(C). The EPA is proposing
                                                                  that this data element be confidential; and
                                                                  that it will be considered CBI. (Proposed as
                                                                  CBI).
----------------------------------------------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \15\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \16\ http://www.didesktop.com/products/.
    \17\ http://www.didesktop.com/products/.
    \18\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \19\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \20\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \21\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \22\ http://www.epa.gov/gasstar/documents/emissions_report/6_vented.pdf.
    \23\ http://www.boemre.gov/ntls/PDFs/2011-N04FlareMeterSigned05-16-2011.pdf.
    \24\ August 2011, GTI's Gas Resource Database--Unconventional 
Natural Gas and Gas Composition Databases, GRI--01/0136.
    \25\ http://www.netl.doe.gov/technologies/oil-gas/publications/EPreports/ResourceAssess/Final_28139.pdf.
    \26\ August 2011, GTI's Gas Resource Database--Unconventional 
Natural Gas and Gas Composition Databases, GRI--01/0136.
    \27\ http://www.netl.doe.gov/technologies/oil-gas/publications/EPreports/ResourceAssess/Final_28139.pdf.
    \28\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \29\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
    \30\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
---------------------------------------------------------------------------

D. Commenting on the Proposed Confidentiality Determinations

    We seek comment on the proposed confidentiality status of data 
elements in two direct emitter data categories: ``Unit/Process `Static' 
Characteristics that Are Not Inputs to Emission Equations'' and ``Unit/
Process Operating Characteristics that Are Not Inputs to Emission 
Equations''. By the EPA's proposing confidentiality determinations 
prior to data reporting through this proposal and rulemaking process, 
we provide potential reporters an opportunity to submit comments 
identifying data they consider sensitive and the rationales and 
supporting documentation, the same as those they would otherwise submit 
for case-by-case confidentiality determinations. We will evaluate 
claims of confidentiality before finalizing the confidentiality 
determinations. Please note that this will be reporters' only 
opportunity to substantiate your confidentiality claim. Once finalized, 
the EPA will release or withhold subpart W data in accordance with 40 
CFR 2.301, which contains special provisions governing the treatment of 
Part 98 data for which confidentiality determinations have been made 
through rulemaking. Please consider the following instructions in 
submitting comments on the data elements in subpart W.
    Please identify each individual data element you do or do not 
consider to be CBI or emission data in your comments. Please explain 
specifically how the public release of that particular data element 
would or would not cause a competitive disadvantage to a facility. 
Discuss how this data element may be different from or similar to data 
that are already publicly available. Please submit information 
identifying any publicly available sources of information containing 
the specific data elements in question, since data that are already 
available through other sources would not be proposed as CBI. In your 
comments, please identify the manner and location in which each 
specific data element you identify is available, including a citation. 
If the data are physically published, such as in a book, industry trade 
publication, or federal agency publication, provide the title, volume 
number (if applicable), author(s), publisher, publication date, and 
ISBN or other identifier. For data published on a Web site, provide the 
address of the Web site and the date you last visited the Web site and 
identify the Web site publisher and content author.
    If your concern is that competitors could use a particular input to 
discern sensitive information, specifically describe the pathway by 
which this could occur and explain how the discerned information would 
negatively affect your competitive position. Describe any unique 
process or aspect of your facility that would be revealed if the 
particular data element(s) you consider sensitive were made publicly 
available. If the data element you identify would cause harm only when 
used in combination with other publicly available data, then describe 
the other data, identify the public source(s) of these data, and 
explain how the combination of data could be used to cause competitive 
harm. Describe the measures currently taken to keep the data 
confidential. Avoid conclusory and unsubstantiated statements, or 
general assertions regarding potential harm. Please be as specific as 
possible in your comments and include all information necessary for the 
EPA to evaluate your comments.

IV. Proposed Deferral of Inputs to Emission Equations for Subpart W and 
Amendments to Table A-7

    Of the 154 subpart W data elements that were revised in the Subpart 
W Technical Revisions Rule, 30 are ``Inputs to Emission Equations''. 
All 30 are revisions to existing ``Inputs to Emission Equations'' that 
were addressed in the Final Deferral and included in Table A-7 to 
subpart A of Part 98. For the 30 revised inputs, the revisions did not 
change the type of information to be reported to the EPA under these 
requirements. For 19 of the 30 inputs, the changes included minor 
wording changes such as requiring certain data elements be reported by 
``sub-basin'' instead of ``field'' or small clarifications that did not 
change the general meaning of the data elements. For 11 of the 30 
inputs, the Technical Revisions Rule re-numerated the section 
references. We are therefore proposing in this action to amend Table A-
7 of Part 98 by re-numerating these 11 subpart W ``Inputs to Emission 
Equations'' as finalized in the Subpart W Technical Revisions Rule.
    The Subpart W Technical Revisions Rule also added the following 10 
new data elements, which we are proposing

[[Page 11058]]

to assign to the ``Inputs to Emission Equations'' data category and to 
defer their reporting until March 31, 2015. The proposed inputs include 
the following 10 data elements:
    <bullet> Annual quantity of CO<INF>2</INF>, that was recovered from 
each acid gas removal unit and transferred outside the facility (metric 
tons CO<INF>2</INF>e), under subpart PP of this part. (40 CFR 
98.236(c)(3)(iv))
    <bullet> Blowdown vent stack emission source, for each unique 
physical volume that is blown down more than once during the calendar 
year: Report total number of blowdowns for each unique physical volume 
in the calendar year (when using Eq. W-14A). (40 CFR 
98.236(c)(7)(i)(A))
    <bullet> Wellhead gas-liquid separator with oil throughput greater 
than or equal to 10 barrels per day, using Calculation Methodology 1 of 
40 CFR 98.233(j), report by sub-basin category: Annual CO<INF>2</INF> 
gas quantities that were recovered (metric tons CO<INF>2</INF>e), for 
all wellhead gas-liquid separators or storage tanks using Calculation 
Methodology 1 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))
    <bullet> Wellhead gas-liquid separator with oil throughput greater 
than or equal to 10 barrels per day, using Calculation Methodology 1 of 
40 CFR 98.233(j), report by sub-basin category: Report annual 
CH<INF>4</INF> gas quantities that were recovered (metric tons 
CO<INF>2</INF>e), for all wellhead gas-liquid separators or storage 
tanks using Calculation Methodology 1 of 40 CFR 98.233(j). (40 CFR 
98.236(c)(8)(i)(K))
    <bullet> Wellhead gas-liquid separator with oil throughput greater 
than or equal to 10 barrels per day, using Calculation Methodology 2 of 
40 CFR 98.233(j), report by sub-basin category: Report annual 
CO<INF>2</INF> gas quantities that were recovered (metric tons 
CO<INF>2</INF>e), for all wellhead gas-liquid separators or storage 
tanks using Calculation Methodology 2 of 40 CFR 98.233(j). (40 CFR 
98.236(c)(8)(i)(K))
    <bullet> Wellhead gas-liquid separator with oil throughput greater 
than or equal to 10 barrels per day, using Calculation Methodology 2 of 
40 CFR 98.233(j), report by sub-basin category: Report annual 
CH<INF>4</INF> gas quantities that were recovered (metric tons 
CO<INF>2</INF>e), for all wellhead gas-liquid separators or storage 
tanks using Calculation Methodology 2 of 40 CFR 98.233(j). (40 CFR 
98.236(c)(8)(i)(K))
    <bullet> Wells with oil production greater than or equal to 10 
barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 
98.233(j), report the following by sub-basin category: Report annual 
CO<INF>2</INF> gas quantities that were recovered (metric tons 
CO<INF>2</INF>e), for Calculation Methodology 3 or 4 of 40 CFR 
98.233(j). (40 CFR 98.236(c)(8)(ii)(H))
    <bullet> Wells with oil production greater than or equal to 10 
barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 
98.233(j), report the following by sub-basin category: Report annual 
CH<INF>4</INF> gas quantities that were recovered (metric tons 
CO<INF>2</INF>e), for Calculation Methodology 3 or 4 of 40 CFR 
98.233(j). (40 CFR 98.236(c)(8)(ii)(H))
    <bullet> Wellhead gas-liquid separators and wells with throughput 
less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR 
98.233(j), Equation W-15 of 40 CFR 98.233: Annual CO<INF>2</INF> gas 
quantities that were recovered (metric tons CO<INF>2</INF>e), at the 
sub-basin level for Calculation Methodology 5 of 40 CFR 98.233(j). (40 
CFR 98.236(c)(8)(iii)(G))
    <bullet> Wellhead gas-liquid separators and wells with throughput 
less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR 
98.233(j), Equation W-15 of 40 CFR 98.233: Report annual CH<INF>4</INF> 
gas quantities that were recovered (metric tons CO<INF>2</INF>e), at 
the sub-basin level for Calculation Methodology 5 of 40 CFR 98.233(j). 
(40 CFR 98.236(c)(8)(iii)(G))
    As explained in Section II.A of the Final Deferral, these 10 data 
elements are related to and therefore are being evaluated together 
along with the other subpart W data elements assigned to this category. 
As with the other equation inputs, we believe that to complete our 
evaluation we will need until March 31, 2015, the current reporting 
deadline for subpart W equation inputs. The EPA is therefore proposing 
to add these 10 inputs to Table A-7 of Part 98 to require their 
reporting by March 31, 2015. For more information, please refer to 
Section II.B. of this preamble.
    We are also proposing to move 21 data elements that were 
categorized as ``Inputs to Emission Equations'' in the Final Deferral 
Rule to other categories. These data elements require aggregated data 
to be reported and not the specific values used in the equations. 
Therefore, the EPA is proposing to re-categorize these data elements as 
either ``Unit/Process `Static' Characteristics that Are Not Inputs to 
Emission Equations'' or ``Unit/Process Operating Characteristics that 
Are Not Inputs to Emission Equations''. Please see the memorandum 
entitled ``Proposed Changes to Subpart W Inputs'' in Docket ID No. EPA-
HQ-OAR-2011-0028 for a comparison of the changes to Table A-7 of 
subpart A for subpart W data reporting elements.

V. Statutory and Executive Order Reviews

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

    In this action, we are proposing to (1) Make confidentiality 
determinations for subpart W data elements (except for inputs to 
equations); and (2) make the changes described in this notice regarding 
subpart W data elements in Table A-7 of Part 98, which specifies the 
data elements to be reported by March 31, 2015.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), 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

    As previously mentioned, this action proposes confidentiality 
determinations for subpart W data elements (except for inputs to 
equations) and amendments to Table A-7 of Part 98. This action does not 
impose any new information collection burden. This action does not 
increase the reporting burden. The Office of Management and Budget 
(OMB) has previously approved the information collection requirements 
contained in subpart W, under 40 CFR part 98, under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Information 
Collection Request (ICR) documents prepared by the EPA have been 
assigned OMB control number 2060-0651 for subpart W. The OMB control 
numbers for EPA regulations in 40 CFR are listed at 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of this re-proposal 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,

[[Page 11059]]

school district or special district with a population of less than 
50,000; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    This action proposes confidentiality determinations for subpart W 
data elements (except for inputs to equations) and amendments to Table 
A-7 of Part 98. After considering the economic impacts of this action 
on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
This action will not impose any new requirement on small entities that 
are not currently required by Part 98.
    The EPA took several steps to reduce the impact of Part 98 on small 
entities. For example, the EPA determined appropriate thresholds that 
reduced the number of small businesses reporting. In addition, the EPA 
did not require facilities to install continuous emission monitoring 
systems (CEMS) if they did not already have them. Facilities without 
CEMS can calculate emissions using readily available data or data that 
are less expensive to collect such as process data or material 
consumption data. For some source categories, the EPA developed tiered 
methods that are simpler and less burdensome. Also, the EPA required 
annual instead of more frequent reporting. Finally, the EPA continues 
to conduct significant outreach on the mandatory GHG reporting rule and 
maintains an ``open door'' policy for stakeholders to help inform EPA's 
understanding of key issues for the industries.
    We continue to be interested in the potential impacts of this 
action on small entities and welcome comments on issues related to such 
effects.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 
U.S.C. 1531-1538, requires federal agencies, unless otherwise 
prohibited by law, to assess the effects of their regulatory actions on 
state, local, and tribal governments and the private sector. Federal 
agencies must also develop a plan to provide notice to small 
governments that might be significantly or uniquely affected by any 
regulatory requirements. The plan must enable officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant federal 
intergovernmental mandates and must inform, educate, and advise small 
governments on compliance with the regulatory requirements.
    This action, which is proposing confidentiality determinations for 
subpart W data elements (except for inputs to equations) and amendments 
to Table A-7 of Part 98, does not contain a federal mandate that may 
result in expenditures of $100 million or more for state, local, and 
tribal governments, in the aggregate, or the private sector in any one 
year. This action does not increase the reporting burden. Thus, this 
action is not subject to the requirements of sections 202 or 205 of the 
UMRA.
    In developing Part 98, the EPA consulted with small governments 
pursuant to a plan established under section 203 of the UMRA to address 
impacts of regulatory requirements in the rule that might significantly 
or uniquely affect small governments. For a summary of EPA's 
consultations with state and/or local officials or other 
representatives of state and/or local governments in developing Part 
98, see Section VIII.D of the preamble to the final rule (74 FR 56370, 
October 30, 2009).

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. However, for a more detailed 
discussion about how Part 98 relates to existing state programs, please 
see Section II of the preamble to the final rule (74 FR 56266, October 
30, 2009).
    This action, which is proposing confidentiality determinations for 
subpart W data elements (except for inputs to equations) and amendments 
to Table A-7 of Part 98, applies to facilities containing petroleum and 
natural gas systems that directly emit greenhouses gases over 25,000 
metric tons of CO<INF>2</INF> equivalent. It does not apply to 
governmental entities unless a government entity owns a facility that 
directly emits greenhouse gases above threshold levels, so relatively 
few government facilities would be affected. This action also does not 
limit the power of states or localities to collect GHG data and/or 
regulate GHG emissions. Thus, Executive Order 13132 does not apply to 
this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicits comment on this proposed 
action from state and local officials. For a summary of EPA's 
consultation with state and local organizations and representatives in 
developing Part 98, see Section VIII.E of the preamble to the final 
rule (74 FR 56371, October 30, 2009).

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

    This action, which is proposing confidentiality determinations for 
subpart W data elements (except for inputs to equations) and amendments 
to Table A-7 of Part 98, does not have tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action does not increase the reporting burden. Thus, Executive 
Order 13175 does not apply to this action. For a summary of EPA's 
consultations with tribal governments and representatives, see Section 
VIII.F of the preamble to the final rule (74 FR 56371, October 30, 
2009). The EPA specifically solicits additional comment on this 
proposed action from tribal officials.

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, which is proposing confidentiality determinations for subpart W 
data elements (except for inputs to equations) and amendments to Table 
A-7 of Part 98, 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, which is proposing confidentiality determinations for 
subpart W data elements (except for inputs to equations) and amendments 
to Table A-7 of Part 98, 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

[[Page 11060]]

to use voluntary consensus standards in its regulatory activities 
unless to do so would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. NTTAA directs the EPA to provide Congress, 
through OMB, explanations when the agency decides not to use available 
and applicable voluntary consensus standards.
    This action, which is proposing confidentiality determinations for 
subpart W data elements (except for inputs to equations) and amendments 
to Table A-7 of Part 98, 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 
action, which is proposing confidentiality determinations for subpart W 
data elements (except for inputs to equations) and amendments to Table 
A-7 of Part 98, 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. This action addresses only reporting and 
recordkeeping procedures.

List of Subjects 40 CFR Part 98

    Environmental protection, Administrative practice and procedure, 
Greenhouse gases, Reporting and recordkeeping requirements.

    Dated: February 16, 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]

0
1. The authority citation for part 98 continues to read as follows:

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

Subpart A--[Amended]

0
2. Table A-7 to subpart A of part 98 is amended by revising the entries 
for subpart W to read as follows:

   Table A-7 to Subpart A of Part 98--Data Elements That Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2015
------------------------------------------------------------------------
                                                        Specific data
                                                     elements for which
                                                      reporting date is
                                                       March 31, 2015
                                Rule citation (40    (``All'' means all
           Subpart                CFR part 98)      data elements in the
                                                     cited paragraph are
                                                     not required to be
                                                    reported until March
                                                         31, 2015).
------------------------------------------------------------------------
 
                              * * * * * * *
W...........................  98.236(c)(1)(i).....  All.
W...........................  98.236(c)(1)(ii)....  All.
W...........................  98.236(c)(1)(iii)...  All.
W...........................  98.236(c)(2)(i).....  All.
W...........................  98.236(c)(3)(i).....  All.
W...........................  98.236(c)(3)(ii)....  Only Calculation
                                                     Methodology 2.
W...........................  98.236(c)(3)(iii)...  All.
W...........................  98.236(c)(3)(iv)....  All.
W...........................  98.236(c)(4)(i)(A)..  All.
W...........................  98.236(c)(4)(i)(B)..  All.
W...........................  98.236(c)(4)(i)(C)..  All.
W...........................  98.236(c)(4)(i)(D)..  All.
W...........................  98.236(c)(4)(i)(E)..  All.
W...........................  98.236(c)(4)(i)(F)..  All.
W...........................  98.236(c)(4)(i)(G)..  All.
W...........................  98.236(c)(4)(i)(H)..  All.
W...........................  98.236(c)(4)(ii)(A).  All.
W...........................  98.236(c)(5)(i)(D)..  All.
W...........................  98.236(c)(5)(ii)(C).  All.
W...........................  98.236(c)(6)(i)(B)..  All.
W...........................  98.236(c)(6)(i)(D)..  All.
W...........................  98.236(c)(6)(i)(E)..  All.
W...........................  98.236(c)(6)(i)(F)..  All.
W...........................  98.236(c)(6)(i)(G)..  Only the amount of
                                                     natural gas
                                                     required.
W...........................  98.236(c)(6)(i)(H)..  Only the amount of
                                                     natural gas
                                                     required.
W...........................  98.236(c)(6)(ii)(A).  All.
W...........................  98.236(c)(6)(ii)(B).  All.
W...........................  98.236(c)(7)(i)(A)..  Only for Equation W-
                                                     14A.
W...........................  98.236(c)(8)(i)(F)..  All.
W...........................  98.236(c)(8)(i)(K)..  All.
W...........................  98.236(c)(8)(ii)(A).  All.
W...........................  98.236(c)(8)(ii)(H).  All.
W...........................  98.236(c)(8)(iii)(A)  All.
W...........................  98.236(c)(8)(iii)(B)  All.

[[Page 11061]]

 
W...........................  98.236(c)(8)(iii)(G)  All.
W...........................  98.236(c)(12)(ii)...  All.
W...........................  98.236(c)(12)(v)....  All.
W...........................  98.236(c)(13)(i)(E).  All.
W...........................  98.236(c)(13)(i)(F).  All.
W...........................  98.236(c)(13)(ii)(A)  All.
W...........................  98.236(c)(13)(ii)(B)  All.
W...........................  98.236(c)(13)(iii)(A  All.
                               ).
W...........................  98.236(c)(13)(iii)(B  All.
                               ).
W...........................  98.236(c)(13)(v)(A).  All.
W...........................  98.236(c)(14)(i)(B).  All.
W...........................  98.236(c)(14)(ii)(A)  All.
W...........................  98.236(c)(14)(ii)(B)  All.
W...........................  98.236(c)(14)(iii)(A  All.
                               ).
W...........................  98.236(c)(14)(iii)(B  All.
                               ).
W...........................  98.236(c)(14)(v)(A).  All.
W...........................  98.236(c)(15)(ii)(A)  All.
W...........................  98.236(c)(15)(ii)(B)  All.
W...........................  98.236(c)(16)(viii).  All.
W...........................  98.236(c)(16)(ix)...  All.
W...........................  98.236(c)(16)(x)....  All.
W...........................  98.236(c)(16)(xi)...  All.
W...........................  98.236(c)(16)(xii)..  All.
W...........................  98.236(c)(16)(xiii).  All.
W...........................  98.236(c)(16)(xiv)..  All.
W...........................  98.236(c)(16)(xv)...  All.
W...........................  98.236(c)(16)(xvi)..  All.
W...........................  98.236(c)(17)(ii)...  All.
W...........................  98.236(c)(17)(iii)..  All.
W...........................  98.236(c)(17)(iv)...  All.
W...........................  98.236(c)(18)(i)....  All.
W...........................  98.236(c)(18)(ii)...  All.
W...........................  98.236(c)(19)(iv)...  All.
W...........................  98.236(c)(19)(vii)..  All.
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2012-4320 Filed 2-23-12; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>