Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11039 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Visibility, 

and Volatile organic compounds. 

Dated: February 14, 2012. 

Dennis J. McLerran, 

Regional Administrator Region 10. 

[FR Doc. 2012–4326 Filed 2–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

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: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: GHGReportingCBI@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2011–0028, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

• 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: 

GHGReportingRule@epa.gov. For 

technical information and 

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11040 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

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: 

GHGReportingRule@epa.gov. 

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 

CO2 carbon dioxide 

CO2e 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 

N2O 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 ReProposal 

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 (mtCO2e). 

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 CO2 equivalent per 

year. These eight segments are: 

• Offshore petroleum and natural gas 

production (from offshore platforms). 

• 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). 

• 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). 

• 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). 

• 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). 

• 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). 

• LNG import and export facilities 

(onshore and offshore equipment 

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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). 

• Natural gas distribution 

(distribution pipelines and metering and 

regulating equipment at meteringregulating 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

Source category NAICS Examples of affected facilities 

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

221210 Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

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 

GHGReportingCBI@epa.gov. 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 ReProposal 

On October 30, 2009, the EPA 

published the Mandatory Reporting of 

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11042 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

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: 

• 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’’). 

• 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’’). 

• 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– 

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1As 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. 

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

Data category 

Confidentiality determination for data elements 

in each category 

Emission 

data a

Data that are 

not emission 

data and not 

CBI 

Data that are 

not emission 

data but are 

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 Not Inputs to Emission Equations .......................................................................................................................................... X ........................ ........................

Unit/Process ‘‘Static’’ Characteristics that are Not Inputs to Emission Equations ...................... ........................ Xc Xc

Unit/Process Operating Characteristics that are Not Inputs to Emission Equations .................. ........................ Xc Xc

Test and Calibration Methods ..................................................................................................... ........................ X ........................

Production/Throughput Data that are Not Inputs to Emission Equations ................................... ........................ ........................ X 

Raw Materials Consumed that are Not Inputs to Emission Equations ....................................... ........................ ........................ X 

Process-Specific and Vendor Data Submitted in BAMM Extension Requests ........................... ........................ ........................ X 

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). bSection 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

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 

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11044 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

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 facilityspecific 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.

Desiccant dehydrators are used to dehydrate 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 separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), where reported by subbasin category: Number of wellhead 

separators sending oil to atmospheric tanks.

Separators are used to separate hydrocarbons into liquid and gas phases. 

Separators are typically connected to atmospheric storage tanks (hydrocarbon tanks) where hydrocarbon liquids are stored. The number of wellhead separators sending oil to atmospheric tanks can vary widely depending on numerous conditions, including the sizing of the tank and throughput 

of the separators, and the number of parties involved with handling or processing the separated constituents. 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 separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Count of hydrocarbon tanks 

at well pads.

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 3 for Oil and Gas Production. Further, knowledge of 

whether the tanks are located on a well-pad or off a well-pad does not provide any insight into the 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 separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Best estimate of count of 

stock tanks not at well pads receiving your oil.

Information on the count of stock 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 4 for Oil and Gas Production. Further, knowledge of whether the 

tanks are located on a well-pad or off a well-pad does not provide any insight into the 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 nonCBI. 

5 98.236c8iG ............ Wellhead gas-liquid separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Count of tanks with emissions 

control measures, either vapor recovery system or flaring, for tanks at 

well pads.

Atmospheric storage tanks receive and store hydrocarbon liquids typically 

from separators or from onshore production wells. Some tanks are 

equipped with vapor recovery units or flares to control the tank emissions. 

Information on the emission control devices associated with tanks are included in Title V permits under EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart HH for Oil and Gas Production. 

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. The EPA proposes that this data be not confidential and considered non-CBI. 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11045 

TABLE 3—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE

NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

6 98.236c8iH ............ Wellhead gas-liquid separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Best estimate of count of 

stock tanks assumed to have emissions control measures not at well 

pads, receiving your oil.

Atmospheric storage tanks (also known as stock tanks) receive and store hydrocarbon liquids typically from separators or from onshore production 

wells. Some tanks are equipped with vapor recovery units or flares to control the tank emissions. Information on the emission control devices associated with tanks are included in Title V permits under EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart HH for Oil 

and Gas Production. 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. The EPA proposes 

that this data be not confidential and considered non-CBI. 

7 98.236c8iC ............ Wellhead gas-liquid separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Estimated average sales oil 

stabilized API gravity (degrees) 

(when using methodology 1).

API gravity is a measure of the relative density of liquid hydrocarbons and 

does not reveal the composition of the hydrocarbon liquid or the reporter’s 

productivity. Data on the sales oil stabilized API gravity are made publicly 

available by many state agencies (e.g., the Railroad Commission of Texas). 

Further, information about API gravity does not provide insight into the performance or the operational efficiency for onshore petroleum and natural 

gas production 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 separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Estimated average sales oil 

stabilized API gravity (degrees) 

(when using methodology 2).

API gravity is a measure of the relative density of liquid hydrocarbons and 

does not reveal the composition of the hydrocarbon liquid or the reporter’s 

productivity. Data on the sales oil stabilized API gravity are made public by 

many state agencies (e.g., the Railroad Commission of Texas). Further, information about API gravity does not provide insight into the performance 

or the operational efficiency for onshore petroleum and natural gas production 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 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 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: 

Count of hydrocarbon tanks on well 

pads.

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 5 for Oil and Gas Production. Further, knowledge of 

whether the tanks are located on a well-pad or off a well-pad does not provide any insight into the 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 greater than 

or equal to 10 barrels per day, using 

Calculation Methodology 3 and 4 of 

40 CFR 98.233(j), where the following by sub-basin category are reported: Count of hydrocarbon tanks, 

both on and off well pads assumed 

to have emissions control measures: 

either vapor recovery system or flaring of tank vapors.

Atmospheric storage tanks (also known as hydrocarbon tanks) receive and 

store hydrocarbon liquids typically from separators or from onshore production wells. Some tanks are equipped with vapor recovery units or flares to 

control the tank emissions. Information on the emission control devices associated with tanks are included in Title V permits under EPA’s National 

Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart HH 

for Oil and Gas Production. 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. The EPA proposes 

that this data be not confidential and considered non-CBI. 

11 98.236c8iiC .......... 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), where the following by sub-basin category are reported: Total number of wells sending oil to separators off the well 

pads.

Information on the number of wells and their characteristics, including production levels, is publicly available through many published sources, including 

the U.S. Energy Information Administration,6 and through commercial databases that are available to the public for purchase.7 Although information 

on the number of wells sending oil to separators that are located off well 

pads may not be readily available from public data sources, it can 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. 

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11046 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

TABLE 3—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE

NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

12 98.236c8iiB .......... 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), where the following by sub-basin category are reported: Total number of wells sending oil directly to tanks.

Information on the number of wells and their characteristics, including production levels, is publicly available through many published sources, including 

the U.S. Energy Information Administration,8 and through commercial databases that are available to the public for purchase.9 Although information 

on the number of wells sending oil directly to storage tanks may not be 

readily available in 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 greater than 

or equal to 10 barrels per day, using 

Calculation Methodology 3 and 4 of 

40 CFR 98.233(j), where the following by sub-basin category are reported: Sales oil API gravity range 

(degrees) for wells in 40 CFR 

98.236(c)(8)(ii)(B) and (C).

API gravity is a measure of the relative density of liquid hydrocarbons and 

does not reveal the composition of the hydrocarbon liquid or the reporter’s 

productivity. Data on the sales oil stabilized API gravity are made public by 

many state agencies (e.g., the Railroad Commission of Texas). Further, information about API gravity does not provide insight into the performance 

or the operational efficiency for onshore petroleum and natural gas production facilities that 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 greater than 

or equal to 10 barrels per day, using 

Calculation Methodology 3 and 4 of 

40 CFR 98.233(j), where the following by sub-basin category are reported: Count of hydrocarbon tanks 

on well pads.

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 10 for Oil and Gas Production. Further, knowledge 

of whether the tanks are located on a well-pad or off a well-pad does not 

provide any insight into the 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 unloading, for 

Calculation Methodology 1, where 

the following by each tubing diameter group and pressure group combination within each sub-basin category are reported: Average casing 

diameter or internal tubing diameter, 

where applicable.

The well casing diameter is the diameter of the pipe inserted into a recently 

drilled section of a borehole during the well drilling process. Data on well 

casing diameter are publicly available from vendors of casing pipes. Further, information about well casing diameter does not provide insight into 

the performance or the operational efficiency for onshore petroleum and 

natural gas production facilities that would likely cause substantial 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 unloading, for 

Calculation Methodology 1, where 

the following by each tubing diameter group and pressure group combination within each sub-basin category are reported: Well depth of 

each well selected to represent 

emissions in that tubing size and 

pressure combination.

The well depth is the depth of a hydrocarbon well. Data on well depth is publicly available from State Oil and Gas Commission websites and through 

commercial databases available to the public for purchase.7 Information 

about well depth does not provide insight into the performance or the operational efficiency of onshore petroleum and natural gas production facilities 

that would likely cause substantial 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 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. 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11047 

TABLE 3—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE

NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

17 98.236c5iF ........... Well venting for liquids unloading, for 

Calculation Methodology 1, where 

the following by each tubing diameter group and pressure group combination within each sub-basin category are reported: Casing pressure 

of each well selected to represent 

emissions in that tubing size group 

and pressure group combination that 

does not have a plunger lift, pounds 

per square inch (psia).

The casing pressure refers to the pressure of the casing of a hydrocarbon 

well. Data on casing pressure is publicly available from State Oil and Gas 

Commission websites and through commercial databases available to the 

public for purchase.7 Information about casing pressure does not provide 

insight into the performance or the operational efficiency for onshore petroleum and natural gas production facilities that would likely cause substantial 

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 

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 unloading, for 

Calculation Methodology 1, where 

the following by each tubing diameter group and pressure group combination within each sub-basin category are reported: Tubing pressure 

of each well selected to represent 

emissions in a tubing size group and 

pressure group combination that has 

a plunger lift (psia).

Data on tubing pressure is publicly available from State Oil and Gas Commission websites and through commercial databases available to the public for 

purchase.7 Information about tubing pressure does not provide insight into 

the performance or the operational efficiency for onshore petroleum and 

natural gas production facilities that would likely cause substantial 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 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 unloading, for 

Calculation Methodologies 2 and 3, 

where the following for each subbasin category are reported: Average internal casing diameter, in 

inches, of each well, where applicable.

The well casing diameter is the diameter of the pipe inserted into a recently 

drilled section of a borehole during the well drilling process. Data on well 

casing diameter are publicly available from vendors of casing pipes. Information about well casing diameter does not provide insight into the performance or the operational efficiency of onshore 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 with wet 

seals in operational mode, where 

the following for each degassing 

vent are reported: Number of wet 

seals connected to the degassing 

vent.

Wet seals form the barrier that keeps gas from seeping through the gap between the compressor shaft and the compressor casing. Information about 

the number of wet seals connected to the degassing vent of a centrifugal 

compressor does not provide valuable insight into the performance or the 

operational efficiency of 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 companies: Number 

of above grade T–D transfer stations 

in the facility.

The number of above grade transmission-distribution (T–D) transfer stations 

is the number of stations where gas is transferred 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 EIA11, therefore further diminishing 

its sensitivity. The EPA is proposing that this data be not confidential and 

considered non-CBI. 

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11048 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

TABLE 3—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE

NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

22 98.236c16iv ......... Local distribution companies: Report 

total number of below grade T–D 

transfer stations in the facility.

The number of below grade transmission-distribution (T–D) transfer stations is 

the number of stations located underground where gas is transferred 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 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 companies: Report 

total number of above grade metering-regulating stations (which includes above grade T–D transfer 

stations) in the facility.

The number of above grade metering-regulating stations is the number of stations located above ground where gas is metered, pressure regulated, or 

both, in a natural gas distribution facility. This count includes the number of 

above grade T–D transfer stations, 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 meteringregulating 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 companies: Report 

total number of below grade metering-regulating stations (which includes below grade T–D transfer 

stations) in the facility.

The number of below grade metering-regulating stations is the number of stations located below ground where gas is metered, pressure regulated, or 

both, in a natural gas distribution facility. This count includes the number of 

below grade T–D transfer stations, 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 meteringregulating 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 blowdown: 

Pump capacity (barrels per day).

Pump capacity, which will be reported by EOR operations in the onshore production segment 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. 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11049 

2http://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. 

3http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723

ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&

idno=40. 

4http://ecfr.gpoaccess.gov/cgi/t/text/text-idx

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9&rgn=div6&view=text&node=40:10.0.1.1.1.8&

idno=40. 

5http://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. 6http://www.eia.gov/dnav/ng/ng_prod_wells_s1_

a.htm. 

7http://www.didesktop.com/products/. 

8http://www.eia.gov/dnav/ng/ng_prod_wells_s1_

a.htm. 

9http://www.didesktop.com/products/. 

10http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=3751089d31ea79d2273ed

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node=40:10.0.1.1.1.8&idno=40. 

11http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 

12http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 

13http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 

14http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 

TABLE 3—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE

NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

26 98.236c19i ........... Onshore petroleum and natural gas 

production and natural gas distribution combustion emissions: Cumulative number of external fuel combustion units with a rated heat capacity equal to or less than 5 

mmBtu/hr, by type of unit.

The number of external combustion units with heat input capacities equal to 

or less than 5mmBtu/hour reveals nothing about the productivity of a 

business’s operation (e.g., capacity information). Information about the cumulative number of external fuel combustion units with specified heat capacities does not provide insight into the performance or the 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 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 natural gas 

production and natural gas distribution combustion emissions: Cumulative number of external fuel combustion units with a rated heat capacity larger than 5 mmBtu/hr, by 

type of unit.

The number of external combustion units with heat input capacities greater 

than 5mmBtu/hour reveals nothing about the productivity of a business’s 

operation (e.g., capacity information). Information about the cumulative 

number of external fuel combustion units with specified heat capacities 

does not provide insight into the performance or the 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 natural gas 

production and natural gas distribution combustion emissions: Cumulative number of internal fuel combustion units, not compressor-drivers, with a rated heat capacity equal 

to or less than 1 mmBtu/hr or 130 

horse power, by type of unit.

The number of internal combustion units (other than compressor drivers) with 

a rated heat input capacity of 1 mmBtu/hour or less (130 HP) reveals nothing about the productivity of a business’s operation (e.g., capacity information). Information about the cumulative number of internal fuel combustion 

units with specified heat capacities does not provide insight into the performance or the 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 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. 

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 nonCBI, while data element 38 is proposed 

to be CBI, as explained in Table 4 of this 

preamble: 

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11050 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

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 throughput 

less than 0.4 MMscfd: Which vent 

gas controls are used.

A glycol dehydration unit is a process unit that separates liquids from a natural gas stream using diethylene glycol (DEG) or 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 nonCBI. 

2 98.236c5iB ............. Well venting for liquids unloading, for 

Calculation Methodology 1, where 

the following by each tubing diameter group and pressure group combination within each sub-basin category are reported: Whether the selected well from the tubing diameter 

and pressure group combination had 

a plunger lift (yes/no).

A plunger lift system is an artificial liquid lift mechanism that includes a plunger (tubular steel structure with valves) that rests at the bottom of a wellbore 

on a spring loaded base. As gas is produced through the natural gas well, 

liquids accumulate on top of the plunger and gradually reduce the flow rate 

of natural gas. To expel the liquids from the 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 whether or 

not 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 unloading, for 

Calculation Methodology 1, where 

the following by each tubing diameter group and pressure group combination within each sub-basin category are reported: Count of plunger 

lifts.

A plunger lift system is an artificial liquid lift mechanism that includes a plunger (tubular steel structure with valves) that rests at the bottom of a wellbore 

on a spring loaded base. As gas is produced through the natural gas well, 

liquids accumulate on top of the plunger and gradually reduce the flow rate 

of natural gas. To expel the liquids from the 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 unloading, for 

Calculation Methodology 1, report 

the following by each tubing diameter group and pressure group combination within each sub-basin category are reported: Count of wells 

vented to the atmosphere for liquids 

unloading.

Liquid unloading is conducted in mature gas wells that have an accumulation 

of liquids that impedes the steady flow of natural gas. This is a common occurrence in reservoirs where the pressure is depleted and liquids enter the 

wellbore. Information on the number of wells vented to the atmosphere for 

the purposes of unloading liquids or the frequency 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 nonCBI. 

5 98.236c5iC ............ Well venting for liquids unloading, for 

Calculation Methodology 1, report 

the following by each tubing diameter group and pressure group combination within each sub-basin category are reported: Cumulative number of unloadings vented to the atmosphere.

Liquid unloading is conducted in mature gas wells that have an accumulation 

of liquids that impedes the steady flow of natural gas. This is a common occurrence in reservoirs where the pressure is depleted and liquids enter the 

wellbore. Information on the number of wells vented to the atmosphere for 

the purposes of unloading liquids or the frequency 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 nonCBI. 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11051 

TABLE 4—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT

ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

6 98.236c5iiA ............ Well venting for liquids unloading, for 

Calculation Methodologies 2 and 3, 

report the following for each subbasin category are reported: Count 

of wells vented to the atmosphere 

for liquids unloading.

Liquid unloading is conducted in mature gas wells that have an accumulation 

of liquids which impedes the steady flow of natural gas. This is a common 

occurrence in reservoirs where the pressure is depleted and liquids enter 

the wellbore. Information on the number of wells vented to the atmosphere 

for the purposes of unloading liquids or the frequency 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 nonCBI. 

7 98.236c5iiB ............ Well venting for liquids unloading, for 

Calculation Methodologies 2 and 3, 

where the following by each tubing 

diameter group and pressure group 

combination within each sub-basin 

category are reported: Count of 

plunger lifts.

A plunger lift systems is an artificial liquid lift mechanism that includes a 

plunger (tubular steel structure with valves) that rests at the bottom of a 

wellbore on a spring loaded base. As gas is produced through the natural 

gas well, liquids accumulate on top of the plunger and gradually reduce the 

flow rate of natural gas. To expel the liquids from the well, the well is shutin, 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. 

8 98.236c6iA ............. Gas well completions with hydraulic 

fracturing, report the following for 

each sub-basin and well type (horizontal or vertical) combination: Total 

count of completions in calendar 

year.

The term ‘‘well completions’’ commonly refers to the process of cleaning the 

wellbore of drill cuttings, cutting fluids, and proppants (when a well is hydraulically fractured) after the well has been drilled. 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, 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 hydraulic 

fracturing, where the following for 

each sub-basin and well type (horizontal or vertical) combination are 

reported: Number of completions 

employing purposely designed 

equipment that separates natural 

gas from the backflow.

The term ‘‘well completions’’ commonly refers to the process of cleaning the 

wellbore of drill cuttings, cutting fluids, and proppants (when a well is hydraulically fractured) after the well has been drilled. Hydraulically fractured 

wells result in significantly higher backflow gas in comparison to conventional wells without hydraulic fracturing. Completions on a subset of the hydraulically fractured wells may be performed using purposely designed 

equipment that separates 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 hydraulic fracturing, report the following for each 

sub-basin and well type (horizontal 

or vertical) combination: Total count 

of workovers in calendar year that 

flare gas or vent gas to the atmosphere.

As natural gas wells mature, the production from the well decreases. Often 

such mature wells are hydraulically fractured to increase production and the 

wells are re-completed. Information on the number of workovers performed 

nationally in a given year is available through the U.S. National Inventory. 

Knowing that wells are being worked over can only give a sense of the relative vintage of 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. 

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11052 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

TABLE 4—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT

ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

11 98.236c6iH .......... Gas well workovers with hydraulic fracturing, where the following for each 

sub-basin and well type (horizontal 

or vertical) combination are reported: 

Number of workovers employing 

purposely designed equipment that 

separates natural gas from the backflow.

As natural gas wells mature, the production from the well decreases. Often 

such mature wells are hydraulically fractured to increase production and the 

wells are re-completed. Information on the number of workovers performed 

by oil and gas operators in a given year is available publicly through the 

U.S. National Inventory. 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 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 workovers 

without hydraulic fracturing: Total 

number of days of gas venting to the 

atmosphere during backflow for 

completion.

The term ‘‘well completions’’ commonly refers to the process of cleaning the 

wellbore of drill cuttings, cutting fluids, and proppants (when well is hydraulically fractured) after the well has been drilled. 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 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 emission 

source, for each unique physical volume that is blown down more than 

once during the calendar year: Total 

number of blowdowns for each 

unique physical volume in the calendar year (when using Eq. W–14B).

When equipment is taken out of service either to be placed in standby or for 

maintenance purposes, the natural gas in the equipment is typically released to the atmosphere. Such a practice is called blowdown. Blowdowns 

in a facility, unless for planned maintenance, are usually un-planned 

events. The number of blowdowns does not provide any process 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. 

14 98.236c7iiA .......... For blowdown vent stack emission 

source, for all unique volumes that 

are blown down once during the calendar year: Total number of 

blowdowns for all unique physical 

volumes in the calendar year.

When equipment is taken out of service either to be placed in standby or for 

maintenance purposes, the natural gas in the equipment is typically released to the atmosphere. Such a practice is called blowdown. Blowdowns 

in a facility, unless for planned maintenance, are usually un-planned 

events. The number of blowdowns does not provide any process 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 separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Estimated average separator 

temperature (degrees Fahrenheit) 

(when using methodology 1).

Separators are used to separate hydrocarbons into liquid and gas phases. 

Separators are typically connected to atmospheric storage tanks (hydrocarbon tanks) where hydrocarbon liquids are stored. Characteristics of the 

separator, such as temperature and pressure, may vary widely and are dependant on the particular characteristics of the oil entering the separator. 

Information about the temperature of the separator does not provide insight 

into 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 is already publicly available. 

Furthermore, this data element is reported as an average value from a subbasin, 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. 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11053 

TABLE 4—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT

ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

16 98.236c8iB ........... Wellhead gas-liquid separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Estimated average separator 

temperature (degrees Fahrenheit) 

(when using methodology 2).

Separators are used to separate hydrocarbons into liquid and gas phases. 

Separators are typically connected to atmospheric storage tanks (hydrocarbon tanks) where hydrocarbon liquids are stored. Characteristics of the 

separator, such as temperature and pressure, may vary widely and are dependent on the particular characteristics of the oil entering the separator. 

Information about the temperature of the separator does not provide insight 

into 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, 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 separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Estimated average pressure 

(psig) (when using methodology 1).

Separators are used to separate hydrocarbons into liquid and gas phases. 

Separators are typically connected to atmospheric storage tanks (hydrocarbon tanks) where hydrocarbon liquids are stored. Characteristics of the 

separator, such as temperature and pressure, may vary widely and are dependent on the particular characteristics of the oil entering the separator. 

Information about the pressure of the separator does not provide insight 

into 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 separator with oil 

throughput greater than or equal to 

10 barrels per day, using Calculation 

Methodology 1 and 2 of 40 CFR 

98.233(j), reported by sub-basin category: Estimated average pressure 

(psig) (when using methodology 2).

Separators are used to separate hydrocarbons into liquid and gas phases. 

Separators are typically connected to atmospheric storage tanks (hydrocarbon tanks) where hydrocarbon liquids are stored. Characteristics of the 

separator, such as temperature and pressure, may vary widely and are dependent on the particular characteristics of the oil entering the separator. 

Information about the pressure of the separator does not provide insight 

into 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 valve is 

functioning improperly during the 

calendar year: Count of wellhead 

separators that dump valve factor is 

applied.

Separators are used to separate hydrocarbons into liquid and gas phases. 

Separators are typically connected to atmospheric storage tanks (hydrocarbon tanks) where hydrocarbon liquids are stored. Dump valves on separators are used to periodically dump liquids in the 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. 

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11054 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

TABLE 4—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT

ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

20 98.236c10i ........... Well testing venting and flaring: Number of wells tested per basin in calendar year.Well testing venting and flaring refers to the process by which an owner or 

operator vents or 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. 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 flaring: Average gas to oil ratio for each basin.Well testing venting and flaring refers to the process by which an owner or 

operator vents or 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 flaring: Average number of days the well is tested in a basin.Well testing venting and flaring refers to the process by which an owner or 

operator vents or 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 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 venting and 

flaring for each basin: Average gas 

to oil ratio for each basin.

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 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 venting and 

flaring for each basin: Number of 

wells venting or flaring associated 

natural gas in a calendar year.

Associated natural gas is vented or flared when it is not being captured for 

sales. This information can be used to determine the crude oil production 

from the facility. However, because production information is already 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 gas sent to 

un-lit flare determined by engineering estimate and process knowledge 

based on best available data and 

operating records.

The EIA published emissions information on vents and flares in an Emissions 

Study which is available to the public.22 In addition, the Bureau of Energy 

Management and Regulatory Enforcement (BOEMRE) collects information 

on flare and vent stack emissions through 30 CFR 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. 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11055 

TABLE 4—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT

ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

26 98.236c15iB ......... For each component type (major 

equipment type for onshore production) that uses emission factors for 

estimating emissions (refer to 40 

CFR 98.233(q) and (r)): Equipment 

leaks found in each leak survey: For 

Onshore natural gas processing; 

range of concentrations of CO2

(refer to Equation W–30 of 40 CFR 

98.233).

The typical composition of natural gas in processing plants upstream of the 

dew point control is similar to that of production quality gas. Production 

quality gas information is available through databases from Gas Technology Institute 24 and Department of Energy Gas Information System 

(GASIS) Database 25 both of which are publicly available. Furthermore, the 

composition of natural gas downstream of the dew point control is typically 

similar to transmission quality gas. Transmission 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 (major 

equipment type for onshore production) that uses emission factors for 

estimating emissions (refer to 40 

CFR 98.233(q) and (r)): Equipment 

leaks found in each leak survey: For 

Onshore natural gas processing; 

range of concentrations of CH4

(refer to Equation W–30 of 40 CFR 

98.233).

The typical composition of natural gas in processing plants upstream of the 

dew point control is similar to that of production quality gas. Production 

quality gas information is available through databases from Gas Technology Institute 26 and Department of Energy GASIS Database 27 both of 

which are publicly available. Furthermore, the composition of natural gas 

downstream of the dew point control is typically similar to transmission 

quality gas. Transmission pipeline companies continuously monitor their 

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 (major 

equipment type for onshore production) that uses emission factors for 

estimating emissions (refer to 40 

CFR 98.233(q) and (r)): Total count 

of leaks found in each complete survey listed by date of survey and 

each type of leak source for which 

there is a leaker emission factor in 

Tables W–2, W–3, W–4, W–5, W–6, 

and W–7 of this subpart.

The term ‘‘equipment leaks’’ refers to those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. Leaking components at a facility may have a correlation to the 

level of maintenance at a facility. However, there is no direct correlation between the level of maintenance and process efficiency, i.e. a higher number 

of leaks in one facility do not indicate that the processes have been running 

longer or more frequently than those processes at another facility that has 

a lower number of leaks. Furthermore, Department of Transportation and 

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 natural gas 

production report the following: Best 

available estimate of the API gravity 

for each oil sub-basin category.

The API gravity is a measurement of density of crude oil or petroleum product. Information about the API gravity for specific operators in a basin is 

publicly available through many state agencies (e.g., the Railroad Commission 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 natural gas 

production report the following: Best 

available estimate of the gas to oil 

ratio for each oil sub-basin category.

Gas to oil ratios can generally be determined by taking the ratio of the volume 

of gas that comes out of solution, to the volume of oil produced at specified 

conditions. Disclosure of the average gas to oil ratio of wells 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 natural gas 

production report the following: Best 

available estimate of the average 

low pressure separator pressure for 

each oil sub-basin category.

The low pressure separator refers to the last separator in a series of separators that are used for gravity separation of hydrocarbons into liquid and gas 

phases. Separator pressure, along with the gas-to-oil ratio and temperature 

of the separator, can be used to estimate throughput of natural gas and oil 

(or 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. 

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11056 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

TABLE 4—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT

ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

32 98.236c13iB ......... For compressors with wet seals in 

operational mode: Fraction of vent 

gas recovered for fuel or sales or 

flared.

Compressors are sometimes equipped with wet seals. Wet seals form the 

barrier that keeps gas from seeping through the gap between the compressor shaft and the compressor casing. 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 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: 

Best estimate of fraction of production sent to tanks with assumed control measures: either vapor recovery 

system or flaring of tank vapors.

The fraction of production sent to tanks with assumed control measures, either with vapor recovery systems or flares, refers to the amount of hydrocarbon liquids produced from wells that is sent to tanks with specified control measures. Information about the fraction of production sent to tanks 

with control measures would likely not cause substantial competitive harm 

because the estimated amount of methane and carbon dioxide emissions 

for tanks and separators are publicly available through EPA’s National 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 nonCBI. 

34 98.234f8i .............. Extension requests which request Best 

Available Monitoring Method 

(BAMM) beyond 2011 for sources 

listed in 40 CFR 98.234(f)(2), (3), 

(4), and (5)(iv): Initial electronic notice of intent to submit an extension 

request for the use of BAMM beyond December 31, 2011.

An initial notice of intent to extend the period during which BAMM is used 

does not contain detailed information, such as process diagrams and operational information, which could provide insight into facility-specific operating conditions or process design, or any other 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. 

35 98.234f8iiB ........... Extension requests which request 

BAMM beyond 2011 for sources listed in 40 CFR 98.234(f)(2), (3), (4), 

and (5)(iv): Description of the unique 

or unusual circumstances, such as 

data collection methodologies that 

do not meet safety regulations or 

specific laws or regulations that conflict for each source for which an 

owner or operator is requesting use 

of BAMM.

The description of the unique or unusual circumstances, including data collection methodologies that the reporting facility cannot follow or of the monitoring instruments that cannot be installed does not reveal detailed information, such as process diagrams and operational information, which could 

provide insight into facility-specific operating conditions or process design, 

or any other 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. 

36 98.234f8iiB ........... Extension requests which request 

BAMM beyond 2011 for sources listed in 40 CFR 98.234(f) (2), (3), (4), 

and (5) (iv): Description of the 

unique or unusual circumstances, 

such as data collection methodologies that are technically infeasible 

for which an owner or operator is requesting use of BAMM.

The description of the unique or unusual circumstances, including data collection methodologies that the reporting facility cannot follow or of the monitoring instruments that cannot be installed does not reveal detailed information, such as process diagrams and operational information, which could 

provide insight into facility-specific operating conditions or process design, 

or any other 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. 

37 98.234f8iiC .......... Extension requests which request 

BAMM beyond 2011 for sources listed in 40 CFR 98.234(f)(2), (3), (4), 

and (5)(iv): Detailed explanation and 

supporting documentation of how 

the owner or operator will receive 

the services or equipment to comply 

with all of these subpart W reporting 

requirements.

A description of the methods by which the necessary equipment and services 

will be secured does not reveal detailed information, such as process diagrams and operational information, which could provide insight into facilityspecific operating conditions or process design, or any other 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. 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11057 

15http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 16http://www.didesktop.com/products/. 17http://www.didesktop.com/products/. 18http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 19http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 20http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 21http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 22http://www.epa.gov/gasstar/documents/

emissions_report/6_vented.pdf. 23http://www.boemre.gov/ntls/PDFs/2011–N04Fl

areMeterSigned05–16–2011.pdf. 

24August 2011, GTI’s Gas Resource Database— 

Unconventional Natural Gas and Gas Composition 

Databases, GRI—01/0136. 

25http://www.netl.doe.gov/technologies/oil-gas/

publications/EPreports/ResourceAssess/Final_

28139.pdf. 

26August 2011, GTI’s Gas Resource Database— 

Unconventional Natural Gas and Gas Composition 

Databases, GRI—01/0136. 

27http://www.netl.doe.gov/technologies/oil-gas/

publications/EPreports/ResourceAssess/Final_

28139.pdf. 

28http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 

29http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 

30http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_

report=RP1. 

TABLE 4—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT

ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORY—Continued 

Citation Data element Proposed rationale 

38 98.234f8iiC .......... Extension requests which request 

BAMM beyond 2011 for sources listed in 40 CFR 98.234(f)(2), (3), (4), 

and (5)(iv): Detailed explanation and 

supporting documentation of when 

the owner or operator will receive 

the services or equipment to comply 

with all of these subpart W reporting 

requirements. Proposed as CBI.

This data element includes the dates by which the owner or operator will receive the services or equipment necessary to comply with all of the subpart 

W reporting requirements. The EPA is proposing that this data element be 

confidential because it would reveal information to a competitor about when 

a facility would be installing equipment or when the facility would plan to 

perform the necessary modifications to their processes in order to comply 

with the rule. The disclosure of this type of sensitive information about a 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). 

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 

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11058 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

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: 

• Annual quantity of CO2, that was 

recovered from each acid gas removal 

unit and transferred outside the facility 

(metric tons CO2e), under subpart PP of 

this part. (40 CFR 98.236(c)(3)(iv)) 

• 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)) 

• 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 

CO2 gas quantities that were recovered 

(metric tons CO2e), for all wellhead gasliquid separators or storage tanks using 

Calculation Methodology 1 of 40 CFR 

98.233(j). (40 CFR 98.236(c)(8)(i)(K)) 

• 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 CH4 gas quantities that were 

recovered (metric tons CO2e), 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)) 

• 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 CO2 gas quantities that were 

recovered (metric tons CO2e), 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)) 

• 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 CH4 gas quantities that were 

recovered (metric tons CO2e), 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)) 

• 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 

CO2 gas quantities that were recovered 

(metric tons CO2e), for Calculation 

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

(40 CFR 98.236(c)(8)(ii)(H)) 

• 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 

CH4 gas quantities that were recovered 

(metric tons CO2e), for Calculation 

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

(40 CFR 98.236(c)(8)(ii)(H)) 

• 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 CO2 gas quantities that were 

recovered (metric tons CO2e), at the subbasin level for Calculation Methodology 

5 of 40 CFR 98.233(j). (40 CFR 

98.236(c)(8)(iii)(G)) 

• 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 CH4 gas quantities that 

were recovered (metric tons CO2e), 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, 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11059 

school district or special district with a 

population of less than 50,000; or (3) a 

small organization that is any not-forprofit 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 CO2

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 

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11060 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 

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] 

■ 1. The authority citation for part 98 

continues to read as follows: 

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

Subpart A—[Amended] 

■ 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 

Subpart Rule citation (40 CFR part 98) 

Specific data elements for which reporting date is March 31, 

2015 (‘‘All’’ means all data elements in the cited paragraph 

are not required to be reported until March 31, 2015). 

*******

W .................... 98.236(c)(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. 

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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Proposed Rules 11061 

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—Continued 

Subpart Rule citation (40 CFR part 98) 

Specific data elements for which reporting date is March 31, 

2015 (‘‘All’’ means all data elements in the cited paragraph 

are not required to be reported until March 31, 2015). 

W .................... 98.236(c)(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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2010–004; 

4500030113] 

RIN 1018–AV97 

Endangered and Threatened Wildlife 

and Plants; Proposed Endangered 

Status for the Dunes Sagebrush Lizard 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; notice of 

availability and reopening of comment 

period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on our December 14, 2010, proposed 

endangered status for the dunes 

sagebrush lizard (Sceloporus arenicolus) 

under the Endangered Species Act of 

1973, as amended. We also announce 

the availability of a signed conservation 

agreement for the dunes sagebrush 

lizard in Texas. We are reopening the 

comment period to allow all interested 

parties an opportunity to comment 

simultaneously on the proposed rule, 

the new conservation agreement, and a 

previously completed conservation 

agreement for the dunes sagebrush 

lizard in New Mexico. Comments 

previously submitted need not be 

resubmitted, as they will be fully 

considered in preparation of the final 

rule. 

DATES: The comment period end date is 

March 12, 2012. We request that 

comments be submitted by 11:59 p.m. 

Eastern Time on the closing date. 

ADDRESSES: Document availability: You 

may obtain copies of the proposed rule, 

the ‘‘Texas Conservation Plan for Dunes 

Sagebrush Lizard (Sceloporus 

arenicolus)’’, and the ‘‘Candidate 

Conservation Agreement for the Lesser 

Prairie-Chicken (Tympanuchus 

pallidicinctus) and Sand Dune Lizard 

(Sceloporus arenicolus) in New Mexico’’ 

on the Internet at http:// 

www.regulations.gov at Docket Number 

FWS–R2–ES–2010–0041, or by mail 

from the New Mexico Ecological 

Services Field Office (see FOR FURTHER

INFORMATION CONTACT). 

Comment submission: You may 

submit written comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Search for Docket 

No. FWS–R2–ES–2010–0041, which is 

the docket number for this rulemaking. 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R2–ES–2010– 

0041; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

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