EPA Administrator Lisa P. Jackson signed the following document

on August 2 , 2012, and EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version of the document, it is not the official version. Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Of fice's FDSys website ( http://fdsys.gpo.gov/fdsys/search/home.action ). {It will also appear on Regulations.gov ( http://www.regulations.gov ) in Docket No. EPA- HQ - OAR- 2011
- 0028 }. **6560 -**  **50 -**  **P**

**ENVIRONMENTAL PROTECTION AGENCY**

**40 CFR Part 98**  **[EPA -** **HQ -** **OAR -**  **2011 -**  **0028; FRL -**  **9706 -**  **6 ]** 

**RIN 2060 -** **AQ70 Final**  **Confidentiality Determinations for Regulations**  **under the Mandatory**  **Reporting of Greenhouse Gases Rule AGENCY:**  Environmental Protection Agency (EPA). **ACTION:** Final Rule . **SUMMARY** : This action finalizes confidentiality determinations for certain data elements in regulations under the Mandatory Greenhouse Gas Reporting Rule. In addition, the EPA is finalizing amendments to defer the reporting deadli ne of certain data elements until 2013 and to defer the reporting deadline of certain data elements until 2015. Last ly, the EPA is finalizing amendments regarding the calculation and reporting of emissions from facilities that use best available monitoring methods. This action does not include final confidentiality determinations for data elements in the “I nputs to Emission E quations ” data category.Page 2 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **DATES:** This rule will be effective on [ INSERT THE DATE 30 DAYS AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER ], except for the amendments to Tables A
- 6 and A
- 7 of 40 CFR part 98 subpart A and the amendments to 40 CFR part 98 subpart I (section 98.94(a)(2)(iii), (a)(3)(iii), and (a)(4)(iii) ) , which are effective on [INSERT DATE OF PUBLICATION OF TH IS FINAL RULE IN THE FEDERAL REGISTER]. **ADDRESSES:** The EPA has established a docket for this action under Docket ID No. EPA
- HQ - OAR- 2011
- 0028. All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute . Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available in hard copy only . Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA's Docket Center, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave., NW, Washington, DC . This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays . The telephone number for the Public Reading Room is (202) 566
- 1744, and the telephone number for the Air Docket is (202) 566
- 1742.Page 3 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **FOR FURTHER IN FORMATION 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 implementation materials, please go to the website http://www.epa.gov/climatechange/ emissions/CBI.html . To submit a question, select “ Rule Help Center, ” followed by “Contact Us.” **SUPPLEMENTARY IN** **FORMATION :**  Worldwide Web (WWW ) . In addition to being available in Docket ID No. EPA
- HQ - OAR- 2011
- 0028 , following the Administrator's signature, an electronic copy of this final rule will be available through the WWW on the EPA's Greenhouse Gas Reporting Pr ogram website at http://www.epa.gov/climatechange/ emissions/ghgrulemaking.ht ml . What is the effective date? The final rule is effective on [INSERT THE DATE 30 DAYS AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER], except for the amendments to Tables A
- 6 and A
- 7 of 40 CFR part 98 subpart A and the amendments to 40 CFR part 98 subpart I (section 98.94 (a)(2)(iii), (a)(3)(iii), and (a)(4)(iii)), which arePage 4 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. effective on [INSERT THE DATE OF PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER] . Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. Chapter 5, generally provides that rules may not take effect earlier than 30 days after they are published in the Federal Register **.** EPA is issuing this final rule under section 307(d)(1) of the Clean Air Act, which states: “ The provisions of section 553 through 557 of Title 5 shall not, except as exp ressly provided in this section, apply to actions to which this subsection applies. ” Thus, section 553(d) of the APA does not apply to this rule. EPA is nevertheless acting consistently with the purposes underlying APA section 553(d) in making the amendmen ts to subparts A and I effective on [INSERT THE DATE OF PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER ]. The amendments to subpart A defer the reporting deadline for several inputs to emission equations and the amendments to subpart I remove the requirement for some facilities to recalculate and report data under that subpart. An effective date less than 30 days after the date of publication in such circumstances is consistent with the purposes of APA section 553(d), which provides an exception for any action that grants or recognizes an exemption or relieves a restriction.Page 5 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. Judicial Review . Under section 307(b) (1) of the CAA, judicial review of this final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit (the Court) by [ INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER ]. Under CAA section 307(d)(7)(B), only an objection to this final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. S ection 307(d)(7)(B) of the CAA also provides a mechanism for the EPA to convene a proceeding for reconsideration, “[i]f the person raising an objection can demonstrate to EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.” Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave ., NW., Washington, DC 20460, with a copy to the person listed in the preceding **FOR FURTHER INFORMATION CONTACT** section, and the AssociatePage 6 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20004. Note, under CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce the se requirements. Acronyms and Abbreviations **.** The following acronyms and abbreviations are used in this document. BAMM Best Available Monitoring Methods CAA Clean Air Act CO 2 carbon dioxide CBI confidential business information CBP U.S. Customs and Border Protection CFR Code of Federal Regulations EIA Energy Information Administration ER enhanced recovery EPA U.S. Environmental Protection Agency F - GHG fluorinated greenhouse gas GHG greenhouse gas ICR Information Collection Request NTTAA National Technology Transfer and Advancement Act

of 1995 OMB Office of Management & Budget R&D research and development RFA Regulatory Flexibility Act UMRA Unfunded Mandates Reform Act of 1995 U.S. United States WWW Worldwide WebPage 7 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 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 and background of this action? B. Does this action apply to me? C. Legal Authority D. Approach to Making Confidentiality Determinations **II. Confidentiality Determinations for Subparts I, W, DD, QQ, RR, SS, and UU and Responses to Public Comments**  A. Final Confidentiality Determinations B. Direct Emitt er Data Categories C. GHG Supplier Data Categories **III. Confidentiality Determinations for New Data Elements in Subparts II and TT and Responses to Public Comments**  **IV. Amendments to Table A -**  **6 and A -**  **7 to Defer Reporting of Certain Inputs to Emission Equations in Subparts W, FF and**  **TT V. Background and Amendments to the Best Available**  **Monitoring Method for Subpart I** A. Background B. Amendments to the Best Available Monitoring Method Provisions for Subpart I **VI. 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 PopulationsPage 8 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. K. Congressional Review Act **I .**  **General Information** A . What is the purpose and background of this action? The first purpose of this action is to finalize confidentiality determinations for the data elements (except those in the “Inputs to Emission Equations” data category and certain additional subpart I data elements) in
seven subparts of 40 CFR part 98 of the Mandatory Greenhouse Gases Reporting Rule (hereafter referred to as “Part 98”) :

 Subpart I
- Electronics Manufacturing
 Subpart W
- Petroleum and Natural Gas Systems
 Subpart DD
- Use of Electric Transmission and Distribution Equipment
 Subpart QQ
- Imports and Exports of Equipment Pre

– charged with Fluorinated GHGs or Containing Fluorinated GHGs in Closed

– cell Foams
 Subpart RR
- Geologic Sequestration of Carbon Dioxide
 Subpart SS
- Manufacture of Electric Transmission and Distribution Equipment
 Subpart UU
- Injection of Carbon Dioxide The second purpose of this action is to finalize confidentiality determinations for new data elements (that are not inputs to emission equations) added to subparts II and TT in the Technical Corrections final rule 1 after the

1 76 FR 73886, November 29, 2011Page 9 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. EPA issued final confidentiality determinations for non
inputs to equations data elements in these two subparts. 2 The third purpose of this action is to finalize amendments to subpart A of Part 98 to defer until 2013 or 2015 the reporting deadline for inputs to emission equations data elements recently added by the Technical Corrections final rule . These data elements are in subparts W , FF , and TT . The fourth purpose of this action is to finalize amendments to subpart I regarding the calculation and reporting of emissions from facilities that use best available monitoring methods (BAMM) . These amendments remove the obligation to recalcul ate and resubmit emission estimates for the period during which the facility used best available monitoring methods . As noted above, we are making final confidentiality determinations for the data elements reported under the finalized subparts of Part 98 identified in Table 1 of this preamble. We are not making final confidentiality determinations for data elements in this action not identified in Table 1. We are also finalizing amendments to

2 Final confidentiality determinations for subparts II and TT were made in the 2011 Final CBI Rule (76 FR 30782, May 26, 2011)Page 10 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. Tables A
- 6 and A
- 7 of subpart A for the subparts shown in Table 1 of this preamble. **Table 1. Subparts and Data Elements Covered in this Final Rule**  **Subpart Confidentiality Determinations**  **Amendments to Table A** **** **6 or A -**  **7** I Some data elements (excludes recipe
specific data elements, a manufacturing capacity data element, and inputs to emission equations) a none

W All data elements except inputs to emission

equations Table A
- 7 DD All data elements except inputs to emission

equations none FF None but finalizes two data elements

recently added to 40 CFR 98.326(o) c as inputs to emission equations none b

II Some data elements (only includes data

elements added by 76 FR 73886) none QQ All data elements except inputs to emission

equations none RR All data elements except inputs to emission

equations none SS All data elements except inputs to emission

equations none TT Some data elements (only includes data

elements added by 76 FR 73886) Table A
- 6 UU All data elements except inputs to emission

equations none

a For the reasons provided in Section II of this preamble , certain subpart I data elements are not covered in this final rule. For a list of subpart I data elements not covered in this rule, see Table 4 in the Memorandum, “Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule.” b As explained in the 2012 CBI re
-proposal, paragraph §98.326(o) is already included in Table A
- 6 of subpart A for reporting by March 31, 2013; therefore, no amendments to Table A
- 6 of subpart A are necessary to include these two new subpart FF data elements in the list of deferred data elements. c 76 FR 73886 , November 29 , 2011 1. Background for CBI determinations for all data elements that are not in the “Inputs to Emissions Equations” data categoryPage 11 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. This action finalizes confidentiality determinations for data elements specified in Table 1 of this preamble. For information on the history of CBI determinations for the data elements at issue, see the following notices (available at http://www.epa.gov/climatechange/emissions/CBI.html ):

 75 FR 39094, July 7, 2010; hereafter referred to as the “July 7, 2010 CBI proposal.” Proposed confidentiality determinations for P art 98 data elements, including subparts I, W, DD, II, QQ, RR, SS, and TT.
 76 FR 30782, May 26, 2011; hereafter referred to as the “2011 Final CBI Rule.” Finalized confidentiality determinations for data categories, assigned data elements to data categories and published the final CBI determinations for the data elements in 34 P art 98 subparts, except for those assigned to the “I nputs to Emission Equations” data category. This included confidentiality determinations for subparts II and TT and excluded confidentiality determinations for subparts I, W, DD, QQ, RR, SS, and UU 3
.  77 FR 1434, January 10, 2012; hereafter referred to as “2012 CBI re
-proposal.” The EPA re
-proposed for public comment the confidentiality determinations for the data elements in subparts L 4 , DD, QQ, RR, SS, and UU, as well as new data elements (added by the Technical Corrections final rule) in subparts II and TT to

3 The EPA initially proposed subparts RR and UU as a single subpart (subpart RR); however, as a result of public comments on subp art RR, the EPA moved all definitions, requirements, and procedures for facilities conducting only CO 2 injection (without geologic sequestration) into a new subpart (subpart UU). Subpart RR retained all definitions, requirements, and procedures related to facilities conducting geologic sequestration. 4 For subpart L, the EPA received comments raising concerns that the release of certain data elements that the EPA proposed to classify as emissions data, and that therefore would not be eligible for treatment as CBI, would reveal trade secrets and may violate export control laws. The EPA is not finalizing confidentiality determinations for subpart L data elements in this action. The confidentiality determinations for subpart L will be addressed separately. Plea se see Docket ID No. EPA
HQ - OAR- 2011
- 014 7 for more information.Page 12 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. reflect the reporting data elements in the final subparts and all subsequent amendments to these subparts up to the date of the 2012 CBI re
-proposal.
 77 FR 10434, February 22, 2012; hereafter r eferred to as “Subpart I CBI re
-proposal.” The EPA re
-proposed for public comment the confidentiality determinations for many data elements in subpart I to reflect the reporting data elements in the 2010 final subpart I and all subsequent amendments to subpart I up to the date of the Subpart I CBI re
-proposal.
 77 FR 11039, February 24, 2012; hereafter referred to as “Subpart W CBI re
-proposal.” The EPA re
-proposed for public comment the confidentiality determinations for the data elements in subpart W to re flect the data elements in the 2010 final subpart W and all subsequent amendments to subpart W up to the date of the Subpart W CBI re
-proposal. 2. Background on data elements in the “Inputs to Emissions Equations” data category This rule finalizes amendmen ts to Tables A
- 6 and A
- 7 of subpart A to defer the deadline for reporting certain recently added data elements in subparts W, FF, and TT that we are assigning to the “Inputs to Emission Equations” data category. This action does not include final confident iality determinations for data elements that are in the “I nputs to Emission E quations ” data category . For information on the history of the deferral of the reporting deadline for inputs, see the following notices (available at http://www.epa.gov/climatechange/emissions/CBI.html ):

 75 FR 81366, December 27, 2010; hereafter referred to as the “call for information.” Requested comment on whether each data element used as an input to an emission e quation for direct emitters was likely toPage 13 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. cause substantial competitive harm if made publicly available.
 76 FR 53057, August 25, 2011; hereafter referred to as the “Final Deferral Notice.” The EPA deferred the deadline for direc t emitter reporters to repor t inputs to emission equations data elements. The EPA deferred the deadline for reporting some of these data elements to March 31, 2013, and others to March 31, 2015. S ubpart FF and TT inputs were deferred to March 31, 2013, and are identified in Table A
- 6 of subpart A, and subpart W inputs were deferred to March 31, 2015, and are identified in Table A
- 7 of subpart A. B. Does this action apply to me? This final rule affects entities required to submit annual greenhouse gas ( GHG ) reports under certain subpar ts of P art 98 . The Administrator determined that this action is subject to the provisions of Clean Air Act ( CAA ) section 307(d) . See CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) apply to “such other actions as the Administrator may determine”) . Part 98 and this action affect owners and operators of electronics manufacturing facilities, petroleum and natural gas systems, electric power systems, electrical equipment manufacturing facilities, carbon dioxide ( CO 2 ) enhanced oil and gas recovery projects, acid gas injection projects, geologic sequestration projects , importers and exporters of pre
charged equipment and closed
- cell foams , industrial wastewater treatment facilities, underground coal mines,Page 14 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. and industrial waste landfills. Affected ca tegories and entities include those listed in Table 2 of this preamble. **Table 2. Examples of Affected Entities by Category Category**  **NAICS Examples of affected facilities**  Electronics Manufacturing 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic

(solid
- state) device manufacturing facilities. 334419 Liquid crystal display unit

screens manufacturing facilities. 334419 Micro
- electro
-mechanical systems

manufacturing facilities. Petroleum and Natural Gas Syst ems 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. Electrical Equipment Use 221121 Electric bulk power transmission and control facilities. Electrical Equipment Manufacture or Refurbishment 33531 Power transmission and distribution switchgear and specialty transformers manufacturing facilities. Importers and Exporters of Pre - charged Equipment and Closed
- Cell Foams 423730 Air
- conditioning equipment (except room units) merchant wholesalers. 333415 Air
- conditioning equipment

(except motor vehicle) manufacturing. 336391 Motor vehicle air
- conditioning

manufacturing. 423620 Air
- conditioners, room, merchant

wholesalers. 443111 Household appliance stores. 423730 Automotive air
- conditioners

merchant wholesalers. 326150 Polyurethane foam products

manufacturing. 335313 Circuit breakers, power,

manufacturing.Page 15 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Category NAICS**  **Examples of affected facilities**

423610 Circuit breakers merchant

wholesalers. CO 2 Enhanced Oil and Gas Recovery Projects 211 Oil and gas extraction projects using CO 2 enhanced recovery.

Acid Gas Injection Projects 211111 or 211112 Projects that inject acid gas

containing CO 2 underground. Geologic Sequestration Projects N/A CO 2 geologic sequestration projects. Underground Coal Mines 212113 Underground anthracite coal mining operations. 212112 Underground bituminous coal

mining operations. Industrial Wastewater Treatment 322110 Pulp mills. 322121 Paper mills. 322122 Newsprint mills. 322130 Paperboard mills. 311611 Meat processing facilities. 311411 Frozen fruit, juice, and

vegetable manufacturing facilities. 311421 Fruit and vegetable canning

facilities. 325193 Ethanol manufacturing facilities. 324110 Petroleum refineries. Industrial Waste Landfills 562212 Solid waste landfills. 322110 Pulp mills. 322121 Paper mills. 322122 Newsprint mills. 322130 Paperboard mills. 311611 Meat processing facilities. 311411 Frozen fruit, juice, and

vegetable manufacturing facilities. 311421 Fruit and vegetable canning

facilities. 221320 Sewage treatment facilities. Table 2 of this preamble lists the types of entities that potentially could be affected by the confidentialityPage 16 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. determinations and amendments under the subparts covered by this action. However, this list is not intended to be exhaustive, but rather provides a guide for readers regarding facilities and suppliers likely to be affected by this action. Other types of facilities and suppliers not listed in the table could also be subject to this action. To determine whether you are affected by this action, you should carefully examine the applicability criteria found in 40 CFR part 98, subpart A as well as 40 CFR part 98 subparts I, W, DD, FF, II, QQ, RR, SS, TT, and UU. If you have questions regarding the applicability of this action to a particular facility, con sult the person listed in the **FOR FURTHER INFORMATION CONTACT** section of this preamble. C. Legal Authority The EPA is finalizing certain amendments to Part 98 under its existing CAA authority, specifically authorities provided in CAA section 114. As stated in the preamble to the 2009 Mandatory Reporting of Greenhouse Gases f inal 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 because such data inform and are relevant to the EPA’s carrying out a wide variety of CAA provisions. As discussed in the preamble to the initialPage 17 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. P art 98 proposal ( 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 informa tion the Administrator requests for the purposes of carrying out any provision of the CAA. In addition, the EPA is finalizing confidentiality determinations for certain Part 98 data under its authorities provided in sections 114, 301 and 307 of the CAA. As mentioned above, CAA section 114 provides the EPA authority to obtain the information in Part 98. Section 114(c) of the CAA requires that the EPA make publicly available information obtained under CAA section 114 except for information (excluding emission data) that qualifies for confidential treatment. The Administrator has determined that this action (Part 98 amendment and confidentiality determinations) is subject to the provisions of CAA section 307(d). D. Approach to Making Confidentiality Determinati ons As explained in the 2012 CBI re
-proposal, we are applying the same approach to making confidentiality determinations as was used in the 2011 Final CBI Rule.Page 18 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. Specifically, we have assigned each data element specified in Table 1 of this preamble to one o f 21 data categories 5 based on the type and characteristics of the data element. The data categories are listed in Tables 3 and 4 of this preamble. For a description of each data category and the type and characteristics of data elements assigned to each, please see Sections II.C and II.D of the July 7, 2010 CBI proposal. In the 2011 Final CBI Rule, the EPA made categorical confidentiality determinations (i.e., one determination that applies to all data elements in that category) for 16 data categories (ei ght direct emitter data categories and eight supplier data categories). The categorical determinations for each of these 16 data category are specified in Tables 3 and 4 of this preamble. In this action, we have similarly assigned each of the data elements at issue (see Table 1 of this preamble) to one of the data categories created in the 2011 Final CBI rule. We have applied the categorical determinations made for 16 of

5 As previously mentioned, this final rule does not address the confidentiality of data elements in the “Inputs to Emission Equations” data category. For data elements in subparts W, FF, and TT that we are assign ing to the “Inputs to Emission Equations” data category in this action , please see Table 3 of the Memorandum titled “ Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule .”Page 19 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. the data categories to the data elements that assigned to those data categories. In the 2011 Final CBI rule, the EPA determined that the data elements assigned to the remaining five data categories (two direct emitter data categories (see Table 3 of this preamble) and three supplier data categories (see Table 4 of this preamble) are not “emi ssion data” (as defined at 40 CFR 2.301(a)(2)(i) ). However, instead of categorical determinations , we made final CBI determinations for individual data elements assigned to those five data categories. In making these individual CBI determinations, we c onsidered the confidentiality determination criteria at 40 CFR 2.208, in particular whether release of the data is likely to cause substantial harm to the business’ competitive position. See 40 CFR 2.208(e)(1). Consistent with that approach, in this action we determined that data elements identified in Table 1 of this preamble that are assigned to these five data categories are not emission data and made final confidentiality determinations for these data elements in accordance with 40 CFR 2.208. **Table 3. Summary of Final Confidentiality Determinations**  **for Direct Emitter Data Categories Data Category**  **Confidentiality Determination for Data Elements in Each Category** Page 20 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **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 X c X c

Unit/Process Operating Characteristics that are Not Inputs to Emission Equations X c X c

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). b Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are consider ed CBI. c In the 2011 Final CBI Rule, this data category contains both data elements determined to be CBI and those determined not to be CBI.Page 21 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Table 4. Summary of Final Confidentiality Determinations for Supplier Data Categories** 

**Data Category Confidential**  **ity Determinations 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**  GHGs Reported X**c** X**c** Production/ Throughput Quantities and Composition X c X c

Identification Information X Unit/Process Operating Characteristics X c X c Calculation, Test, and Calibration Methods X
Data Elements Reported for Periods of Missing Data that are Not Related to Production/ Throughput or Materials Received X

Emission Factors X Amount and Composition of materials received X
Data Elements Reported for Periods of Missing Data That are Related to Production/ Throughput or Materials Received X

Supplier Customer and Vendor Information X
Process - Specific and Vendor Data XPage 22 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Data Category Confidential**  **ity Determinations 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**  Submitted in BAMM Extension Requests a Under CAA section 114(c), “emission data” are not entitled to confidential treatment. The term “emission data” is defined at 40 CFR 2.301(a)(2)(i). b Section 114(c) of the CAA aff ords confidential treatment to data (except emission data) that are considered CBI. c In the 2011 Final CBI Rule , this data category contains both data elements determined to be CBI and those determined not to be CBI. **II. Confidentiality Determinations f or Subparts I, W, DD,**  **QQ, RR, SS, and UU and Responses to Public Comments** A. Final Confidentiality Determinations In this action, the EPA is finalizing the confidentiality determinations for P art 98 data elements specified in Table 1 of this preamble using the approach outlined in Section I.D of this preamble. The data category assignments and final confidentiality determinations for the P art 98 data elements specified in Table 1 of this preamble are provided in the memorandum “ Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule ” (see Docket EPA

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- 0028 and the website, http://www.epa.gov/climatechange/emissions/CBI.html ). In Section II.B of this preamble, the EPA describes final confidentiality determinations and summarizesPage 23 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. comments and responses for direct emitter data elements in subparts I, W, DD, RR, and SS, which we proposed in 2012 in three ac tions (see Section I.A.1 of this preamble). In Section II.C of this preamble, the EPA describes final confidentiality determinations and summarizes comments and responses for all supplier data elements in subparts QQ, RR, and UU, which we proposed in the 2 012 CBI re
-proposal. B. Direct Emitter Data Categories For direct emitter subparts I, W, DD, RR , 6 and SS , the EPA is finalizing the assignment of each data element to one of 10 direct emitter data categories shown in Table 3 of this preamble and the confidentiality determinations for these data elements. S ection s II.B.1 though II.B.3 of this preamble discuss the data category assignments and confidentiality determinations of direct emitter data elements in subparts I, W, DD, RR, and SS. 1. Subpart I

– Elec tronics Manufacturing. Summary of Changes. In the subpart I CBI re
-proposal, the EPA proposed confidentiality determinations for certain data elements in

6 Subpart RR contains elements of both direct emitter and supplier categories and is therefore, listed as both a direct emitter and a supplier source category. For the purposes of this action, EPA placed each subpart RR data element into the appropriate category based on its data type and characteristics, and whether it related to direct emissions from the facility or to GHG supply.Page 24 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. this direct emitter subpart . The EPA received comments raising concerns about finalizing the confident iality determinations for some data elements and requesting the EPA delay finalizing confidentiality determinations for certain reporting elements until after the EPA has concluded settlement discussions regarding alternatives to the recipe
- specific method for semiconductor manufacturing facilities. The EPA did not intend to take action on reporting elements that are currently the subject of these settlement discussions. Due to the number and complexity of data elements included in the proposal, the EPA inadvertently included a few recipe specific reporting elements that were in data categories for which we proposed categorical confidentiality determinations. EPA is therefore not finalizing confidentiality determinations for any recipe
- specific data reporting elements in this action. Additionally, the EPA does not expect facilities will use the recipe
- specific method for the 2011 reporting year ; 7 however, facilities using the recipe
- specific method would report recipe
- specific data elements. Before the EPA could disclose such information, either on its own initiative or

7 The Mandatory Reporting of Greenhouse Gases: Changes to Provisions for Electronics Manufacturing To Provide Flexibility Final Rule (76 FR 59542 , September 27, 2011) allows reporters the opportunity to report using default emission factors instead of using the recipe
- specific utilization and by
-product formati on rates.Page 25 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. upon request, we would evaluate the confidentiality status of these data elements on a case
-by
- case basis, in accordance with existing CBI regulations in 40 CFR part 2, subpart B . The recipe
- specific subpart I data elements that were inadvertently included in the proposal and have been removed from this final rule are listed in Table 4 in the memorandum titled “ Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule .” Additionally, for the same reason provided above for recipe
- specific data elements, we have decided to make no confidentiality determination for one additional data element (the annual manufacturing capacity of a facility as determined in Equa tion I
- 5 (listed at 40 CFR 98.96(a))) because it is also the subject of a petition for reconsideration of the December 1, 2010 8 subpart I rule. Finally, we are not addressing confidentiality determinations for data elements in the “Inputs to Emission Equa tions” data category in this final rule. For the remaining subpart I data elements, we are finalizing the confidentiality determinations as proposed. The final confidentiality determinations for these subpart I data elements can be found in the memorandum, “ Final Data

8 75 FR 74774, December 1, 2010.Page 26 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule. ” Summary of Comments . This section contains summaries of the significant public comments and our responses thereto. Additional public comments were also received. Response to these comments can be found in “ Confidentiality Determinations in the 2012 CBI re
-proposals: Responses to Public Comments ” in Docket EPA

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– 0028 and on the website, http://www.epa.gov/climatechange/emissions/CBI.html . Comment: Two commenters raised concerns about the EPA initiating a rulemaking to determine the confidentiality status of subpart I data elements at the same time the EPA is also considering petitions from the Semiconductor Industry Association for review and reconside ration of the December 1, 2010 subpart I rule. 9 The commenters stated that the initiation of a rule to address confidentiality determinations that is disconnected from these proceedings may exacerbate instead of resolve the objections and raises unspecified legal and policy issues. Response: The E PA did not intend to propose confidentiality determinations for data elements that relate to portions of subpart I covered by petitions for

9 75 FR 74774, December 1, 2010.Page 27 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. reconsideration and review where active settlement negotiations are ongoing. Thus, we are not issuing confidentiality determinations for recipe
- specific data reporting elements or for the annual manufacturing capacity in this final rule. These data elements relate to portions of subpart I addressed in the petition enti tled “Semiconductor Industry Association Petition for Reconsideration and Request for Stay Pending Reconsideration of Subpart I of the Final Rule for Mandatory Reporting of Greenhouse Gases” (January 31, 2011). However, the EPA does not agree that we need to wait to finalize confidentiality determinations for non
- input data elements that are outside the scope of that reconsideration petition , since we do not anticipate proposing any changes in the requirements to report tho se data elements . Thus, the EPA is finalizing confidentiality determinations for those subpart I data elements listed in Table 1 of the Memorandum, “ Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule .” Comment: Commenters argued that the release of the following data elements would reveal trade secrets and intellectual property :Page 28 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version.  Annual emissions of each fluorinated greenhouse gas (F
- GHG) emitted from each process type for which your facility is required to calculate emissions as calculated in Equ ations I
- 6 and I
- 7. (40 CFR 98.96(c)(1))
 Annual emissions of each F
- GHG emitted from each process subtype as calculated in Equations I
- 8 and I
9. (40 CFR 98.96(c)(2)) Specifically, the commenters stated that the release of these data elements could allow competitors to more easily reverse
- engineer recipes and back
- calculate sensitive information such as the relative proportion of gas -by
- gas usage in a recipe or sub
-process type . Response: The data noted are emission data and, therefore, under Section 114( c) of the CAA must be made publicly available. In any case, the reverse engineering which the commenter cites as a potential that would reveal trade secret information can only be accomplished if more data is publicly available, in particular certain input s to emission equations. The reporting of inputs to emissio n equations has been deferred. As discussed in the preamble to the Final Deferral Notice, we will in the future make a judgement about the sensitivity of deferred data elements in combination with other data elements. Comment: Commenters argued that the annual manufacturing capacity as determined by Equation I
- 5 of subpart I (40 CFR 98.96(a) and proposed as non
- CBI) shouldPage 29 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. receive confidential treatment as it will likely generate a capacity di fferent from that reported by the “ World Fab Forecast ,” which may be instructive to competitors. The commenters suggested that the EPA either determine that this data element is CBI or amend subpart I to remove Equation I
- 5 of subpart I and alternatively u se the maximum manufacturing capacity published by the “World Fab Forecast.” Response: For the reason provided previously in this Summary to Comments section, the E PA is not finalizing the confidentiality determination for this data element for two reasons. First, this data element is related to a portion of subpart I addressed in the petition entitled “Semiconductor Industry Association Petition for Reconsideration and Request for Stay Pending Reconsideration of Subpart I of the Final Rule for Mandatory Reporting of Greenhouse Gases.” The EPA is actively engaged in settlement negotiations concerning the associated petition for review of the December 1, 2010 subpart I ru le. Second, we concluded that making a final confidentiality determination for this data element would be inappropriate because its sensitivity varies from reporter to reporter . We will instead evaluate the confidentiality status of this data element on a case -by
-Page 30 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. case basis, in accordance with existing CBI regulati ons in 40 CFR part 2, subpart B . 2. Subpart W

– Petroleum and Natural Gas Systems . Summary of Changes. In our subpart W CBI re
-proposal, we proposed category assignments and confidentiality determinations for all of the data elements reported under subpart W that are not inputs to emission equations. In this action, we are finalizing without change the category assignments and confidentiality determinations proposed in the Subpart W CBI re -proposa l. For a list of the final data category assignments and confidentiality determinations for all of the non
- input subpart W data elements as identified in the Subpart W CBI re
-proposal, please see the memorandum titled

“ Final Data Category Assignments and C onfidentiality Determinations for the 2012 Final CBI Rule ” (see Docket EPA

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- 0028 and the GHGRP website, http://www.epa.gov/climatechange/emissions/CBI.html ). Summary of Comments. This section contains summaries of the significant public comments and our responses thereto. Other public comments were also received. Response s to these comments can be found in “ Confidentiality Determinations in the 2012 CBI re -proposals: Responses to Public Comments ” in DocketPage 31 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. E PA

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– 0028 and on the website, http://www.epa.gov/climatechange/emissions/CBI.html . Comment: One commenter stated that data reported for exploratory wells should be held confidential for a period of at least 24 months. This commenter noted that the oil and gas industry makes substantial investments in exploration and development projects and that information regarding exploratory wells is considered to be proprietary by the industry. They state competitive harm may occur if the public can obtain detailed high resolution operational information on a well
-by
-well basis and on a daily or weekly basis. The commenter also asserted that the EPA’s proposed determinations are inconsistent with other state and federal regulations that allow information regarding exploratory wells to be held confidential. The commenter did not specify which particular data elements would be sensitive for exploratory wells, but stated that oil and gas reserve information for new wells, geological
ass essments of new prospects, drilling plans, and detailed well
-by
-well operational information (such as post
- flowback flaring/venting volumes) are considered sensitive. However, the commenter indicated that the identity and location of exploratory wells are not sensitive .Page 32 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. Response: We disagree with the commenter’s recommendation that all non
- input to emission equations data elements reported for exploratory wells should be held confidential for a period of two years for the following
reasons . First, many of the se data elements meet the definition of emission data in 40 CFR 2.301(a)(2)(i) because they are actual GHG s emitted by the facility. Under CAA section 114(c), the EPA must make available emission data, whether or not such data are CBI. For the data elements that are assigned to the “ Emissions ” data category, the commenter did not claim or provide any justification for why these data elements do not meet the definition of emission data. Furthermore, the emissions from well venting during completions are reported at the sub
-basin level by well type (horizontal or vertical). Since the emissions are not reported for each individual well, this information cannot be used to estimate future production levels or any other operational information for any individua l exploratory well. With respect to the non
- inputs to emission equations data elements which we proposed would not be emission data but also not CBI, we disagree that they disclose any CBI relative to exploratory wells for the following reasons. First, rep orters are not required to report sensitivePage 33 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. information on oil and gas reserves, geological assessments of new prospects, drilling plans, or detailed well
-by
-well operational information. As explained in the re
-proposal, these non
- input data elements that are not emissions data relate to well completions (e.g., number of completions, number of days gas was vented during completions) and testing (e.g., number of wells tested during the calendar year, average gas - to - oil ratio for each basin, average number of days wells are tested). None of these data elements reveal information regarding the production characteristics or production rates of any individual production well or the potential production rates for exploratory wells. The commenter did not explain wh y these specific data elements would be likely to cause competitive harm; rather, the commenter provided only very broad comments that certain information on exploratory wells can be competitively sensitive and did not dispute our rationale that the specif ic data elements reported under subpart W were unlikely to cause substantial competitive harm. Second, reporters are not required to identify which wells are exploratory and which are production wells , nor do they report information for individual wells. The non
input data elements reported under subpart W are reportedPage 34 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. for each basin, sub
-basin, tubing diameter/pressure group, or well type (i.e., horizontal or vertical). For example, the reporting of the number of wells tested in a basin within a calendar year (40 CFR 98.236(c)(10)(i)) does not provide any insight into exactly which wells within that basin were tested or whether the wells are being tested after completion of exploratory wells or after workovers on existing wells. Lastly, we disagree that our decision to consider these data elements to be non
- CBI is inconsistent with other state and federal regulations that allow data for exploratory wells to be held confidential. The data reported under subpart W does not include any sensitive information about the underlying geology or potential productivity of an exploratory well, which are the types of information being held as confidential under the state and federal rules mentioned by the commenter. We further note that many of the subpart W data eleme nts are in fact publicly available . For example, the number of well completions for each sub
-basin (40 CFR 98.236( c)(6)(i)(A) and (G)) is publicly available from commercial databases (e.g., see http://www.di desktop.com/products/ ) and the EIA . Therefore, we conclude that our proposed determination s regarding the non
- input data elements arePage 35 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. appropriate and f inalize those determination s in this action. Comment: One commenter disagreed with our proposed determin ation that we should afford confidential treatment to the explanation of when an owner or operator will receive the services or equipment necessary to comply with subpart W monitoring requirements (40 CFR 98.234(f)(8)(ii)(C)) . This commenter argues that di sruptions of oil and gas production from installing monitoring equipment would be brief and unlikely to cause substantial competitive harm to the reporter’s competitive position . Response: We disagree with the commenter’s assertion that disruptions from disclosure of this data element would be brief and therefore unlikely to cause substantial competitive harm to the reporter’s competitive position. As we noted in the preamble to the Subpart W CBI re -proposal, this data element comprises forward
- looking information about the dates on which an owner or operator will receive the services or equipment necessary to comply with all of the subpart W monitoring requirements. Th is data element 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 theirPage 36 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. processes in order to comply with the rule. The disclosure of this type of forward
- looking information about a facility’s operation provides insight into periods when oil and gas production will be reduced at a particular site. This type of information can be used to adjust pricing to take advantage of short
- term supply disruptions. Our decisio n to make this data element CBI is consistent with our previous determination in the 2011 Final CBI Rule that the installation date reported by facilities using BAMM ( reported under 40 CFR 98.3(d)(2)(ii)(F) ) is entitled to CBI treatment because it provides forward
- looking production
- related information that would likely cause substantial competitive harm if disclosed. Although this commenter claimed the potential harm from disclosure would be insignificant because the disruption would be brief, no supporting information was provided to show that disclosing forward
- looking information regarding a short
- term disruption in production would not cause harm to a reporter’s competitive position. Therefore, we conclude that our proposed determination that this data element ( 40 CFR 98.234(f)(8)(ii)(C) ) is entitled to confidential treatment is appropriate ; we therefore finalize that determination in this action.Page 37 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. Comment: One commenter disagreed with the EPA’s proposal to defer the deadline for reporting subpart W data elements used as inputs to emissions equations until 2015. This commenter alleged that the proposed deferral of the reporting deadline for all subpart W inputs was contrary to the intent of the Appropriations Act 10 by contravening Congress’s mandate to develop a transparent, economy
-wide greenhouse gas inventory. The commenter believes disclosure of the subpart W inputs to emissions equations would not cause competitive harm and claimed that disclosure of these data elements was important for furthering pub lic understanding of the GHG emissions from this industry. Response: The EPA has extended the reporting deadlines for inputs to emission equations data elements in all Part 98 subparts, including subpart W, in the Final Deferral Notice. As explained in that final rule, the EPA is evaluating the sensitivity of subpart W equation inputs together (as with other subparts) and therefore is requiring all subpart W inputs to be reported by the same deferral deadline. 11 Today’s action simply imposes the same report ing deadline to subpart W inputs to emission equations that were subsequently added to subpart W and

10 Consolidated Appropriations Act, 2008, Public Law 110
- 161, 121 Stat. 1844, 2128. 11 76 FR 53057 , August 25, 2011 .Page 38 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. therefore not included in the Final Deferral Notice. 12 We are not revisiting in this action our decision in the Final Deferral Notice to defer reporting of subpart W equation inputs to 2015. See the Response to Comments document published with the Final Deferral Notice for more information on the EPA’s rationale for deferring inputs to emission equations. The commenter did not claim that these remaining subpa rt W equation inputs should have a different deadline from the other subpart W data elements that are inputs to emission equations, nor do we see any reason to do so. We are therefore finalizing our proposal to defer reporting of these data elements to 201 5. 3. Subpart s DD, RR , and SS. In the 2012 CBI re
-proposal, the EPA proposed category assignments and confidentiality determinations for direct emitter subparts DD and SS and the direct emitter data elements in subpart RR. The EPA did not receive comment on the proposed data category as signments or confidentiality determinations for any data elements in subparts DD and SS, nor did we receive comment on the proposed data category assignments or confidentiality determinations for direct

12 As mentioned elsewhere in this notice and not relevant to this specific comment, we are also removing certain subpart W data elements from the “Inputs to Emission Equations” category and making confidentiality determinations for a number of subpart W data elements previously assigned to the “Inputs to Emission Equations” category.Page 39 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. emitter data elements in subpart RR. (We did, however , receive comment on the proposed confidentiality determinations for supplier data elements in subpart RR, which are summarized in Section II. C .2 of this preamble.) The EPA is now finalizing the category assignment and confidentiality determinations for the subpart DD and SS data elements and subpart RR direct emitter data elements as proposed. The final category assignments and confidentiality determinations for these data elements can be found in the memorandum, “ Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule .” C. GHG Supplier Data Categories For supplier subparts QQ , RR , and UU, the EPA is finalizing the assignment of each data element to one of 11 supplier data categories. No change has been made to the dat a category assignments since proposal. The following section lists changes since proposal to confidentiality determinations of supplier data elements assigned to categories with no categorical determination covered in this action (organized by supplier subpart). This section also includes summaries of the major public comments and
our responses , organized by subpart. Other public comments and responses thereto can be found in “ ConfidentialityPage 40 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. Determinations in the 2012 CBI re
-proposals: Responses to Public Comments" in Docket EPA

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– 0028 and on the
website, http://www.epa.gov/climatechange/emissions/CBI.html . 1 . Subpart QQ
- Importers and Exporters of Fluorinated Greenhouse Gases Contained in Pre
- charged Equipment or Closed
- cell Foams. Summary of Changes. In the 2012 CBI re
-proposal, the EPA proposed confidentiality determinations for data elements in supplier subpart QQ. The EPA received comments raising concerns that the release of certain data elements could allow competitors to link import and export data to publicly available customs data , thereby allowing them to discern import and export practices and potentially sensitive shipment data. As discussed in the summary of the comments section below, after considering these comments, the EPA has dec ided not to make a final confidentiality determination for the six subpart QQ data elements that reveal the date of import or export (see Table 5 of this preamble for the list of affected data elements). For the remaining subpart QQ data elements that are not listed in Table 5 of this preamble , we are finalizing confidentiality determinations as proposed. The final confidentialityPage 41 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. determinations for all subpart QQ data elements can be found in the Memorandum, “ Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule. ” **Table 5. Subpart QQ Data Elements for Which Confidentiality Status has Changed since Proposal** 
**Data Element Citation**  **Finalized Data Category and**  **Determination** Dates on which pre
- charged equipment were imported. 40 CFR 98.436(a)(5) Unit/Process Operating Characteristics (“No determination”) Dates on which closed
- cell foams were imported. 40 CFR 98.436(a)(5) Unit/Process Operating Characteristics (“No determination”) If the importer does not know the identity and mass of the F
- GHGs within the closed
- cell foam: Dates on which the closed
- cell foams were imported. 40 CFR 98.436(a)(6)(iv) Unit/Process Operating Characteristics (“No determination’)
Dates on which pre
- charged equipment were exported. 40 CFR 98.436(b)(5) Unit/Process Operating Characteristics (“No determination”) Dates on which closed
- cell foams were exported. 40 CFR 98.436(b)(5) Unit/Process Operating Characteristics (“No determination”) If the exporter does not know the identity and mass of the F
- GHGs within the closed
- cell foam: Dates on which the closed
- cell foams were exported. 40 CFR 98.436(b)(6)(iv) Unit/Process Operating Characteristics (“No determination”)

Summary of Comments . This section contains summaries of the significant public comments and our responses thereto. Additional public comments were also received. Response to these comments can be found in “ Confidentiality Determinations in the 2012 CBI re
-proposals: Responses to Public Comments ” inPage 42 of 87

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– 0028 and on the website, http://www.epa.gov/climatechange/emissions/CBI.html . Comment: Two commenters disagreed with EPA’s proposed
non - CBI determination for eight data elements in the

“ Unit/Process Operating ” Data Category . The commenters claimed that competitors can cross
- reference these data elements with publicly available information to discern business
- sensitive information. These data elements include ( each listing is a sep arate data element for both importers and exporters) :

 Dates on which pre
- charged equipment were imported/exported (40 CFR 98.436(a)(5) and (b)(5));
 Dates on which closed
- cell foams were imported/exported (40 CFR 98.436(a)(5) and (b)(5));
 If the importer /exporter does not know the identity and mass of the F
- GHGs within the closed
- cell foam: dates on which the closed
- cell foams were imported/exported (40 CFR 98.436(a)(6)(iv) and (b)(6)(iv)); and
 If the importer/exporter does not know the identity and mass of the F
- GHGs within the closed
- cell foam: certification that the importer/exporter was unable to obtain information on the identity and mass of the F
GHGs within the closed
- cell foam from the closed
- cell foam manufacturer(s) (40 CFR 98.436(a)(6)(vi) and (b)(6)(vi)). The commenters stated that importers and exporters often submit confidentiality requests to U.S. Customs and Border Protection (CBP) to protect as c onfidential the information contained in the shipment manifest . In such cases, the CBP protect s as confidential the name andPage 43 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. address of the importer or exporter, but allows other information contained in the manifest to be made public. Since the name and address of the importer or exporter are held confidential, the commenter stated that other competitively sensitive information contained in the manifest , such as shipment data ( e.g., type and quantities of products imported or exported ), cannot be attributed to a particular importer or exporter. The commenters asserted that the EPA’s proposal would undermin e confidentiality requests granted by the CBP because it would release information on the company name , dates of import/export, and certification statements that could be cross
- reference d with public information available in manifests. For example , commenters suggested that the manifest provides information on the country of origin and type and volumes of commodities imported or exported. This information is currently available to the public but cannot be linked to a particular importer or exporter where the CBP has granted confidential treatment of the importer or exporter’s name and address. Response: The EPA agrees with the commenters that competitors could cross
- reference the company name and date of import or export with publicly available information to discern competitively sensitive information from thePage 44 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. manifest (e.g., country of origin and type and volume of commodities imported or exported ). Pursuant to 19 CFR 103.31 (d) , CB P keeps the name and address of importers and exporters confidential where importers and exporters submit a certification claiming the information in their manifest is confide ntial. CBP then keeps the name and address of the importer/exporter confidential for a period of two years , which can be extended provided the importer/exporter submit s a renewal request within 60 days prior to expiration of the two year period. Although the EPA was aware that manifest data was published, we previously considered matching of individual manifests with the correct importer/exporter would be very difficult. However, the public can request manifest data for specific dates in accordance with 19 CFR 103.31(e) and the CBP make s manifest data (excluding the name and addresses for those claiming confidentiality) ava ilable to the public on CD
- ROMs . We also agree with the commenter that some of the information contained in manifest s could be competitively sensitive for some reporters. For example, the volumes and types of commodities imported or exported by a company can provide information on a competitor’s annual production data for individual appliances and foams where the importer/exporter is also the manufacturer of those products. SuchPage 45 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. information would provide competitors with information on the market share of a competitor’s products in the U.S. market (for imports) and in other countries (for exports). Since the quantity of products imported/exp orted would be available from the manifest information on an annual basis, competitors would have insight into changes in annual sales of a competitor’s products. For example, a decrease in the number of units exported to a particular market would indicate a declining demand for a competitor’s product in that particular market. However, we note that the CBP holds the name and addresses of importers/exporters confidential only when specifically requested by the importer/exporter and that confidentiality is for a period of only two years unless a request for extension is made. We also note that manifest information may not be sensitive for all importers and exporters. Therefore, the EPA has concluded that the date of import or export (40 CFR 98.436(a) ( 5), (a) (6)(iv), (b)(5), and (b)(6)(iv)) may cause competitive harm for some but not all importers and exporters . As a result, we are not finalizing a confidentiality determination for these data elements. We will evaluate the confidentiality status of these data elements on a case
-by
- case basis, inPage 46 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. accordance with existing CBI regulations in 40 CFR part 2, subpart B. The EPA disagrees with comments that releasing certification data (40 CFR 98.436(a)(6)(vi) and (b)(6)(vi)) would likely cause substantial competiti ve harm to the importer or exporter. The certification is a statement that the importer or exporter was unable to obtain information on the identity and mass of the fluorinated GHG imported or exported in foams. The certification statement consists of a st atement indicating whether the reporter was able to obtain information on the identity and mass of F
- GHGs within the imported or exported products, and does not include any information that a competitor could cross reference with publicly available informa tion to link manifest data to a particular reporter. The commenters did not provide any supporting rationale for how the certification statement, if disclosed, can cause competitive harm. The EPA has concluded the disclosure of the very limited information in the certification statement is unlikely to cause competitive harm ; therefore, the EPA is finalizing a determination that the certification statements (40 CFR 98.436(a)(6)(vi) and (b)(6)(vi)) are not eligible for CBI treatment.Page 47 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 2. Subpart RR
- Geologic Sequestration of Carbon Dioxide . 13 Summary of Changes. In the 2012 CBI re
-proposal, the EPA proposed non
- CBI confidentiality determinations for the supplier data elements in subpart RR. Based on public comment, and f or the reasons explained in the Summary of Comments section below, we have decided not to make CBI determinatio ns in this final rule for the subpart RR supplier data elements that are listed in Table 6 of this preamble . We will evaluate the confidentiality status of these data elements
on a case -by
- case basis, in accordance with existing CBI regulations in 40 CFR part 2, subpart B. The EPA did not receive comments on the remaining subpart RR data elements, and is finalizing confidentiality determinations as proposed for the subpart RR data elements that are not listed in Table 6 of this preamble . The final confidentiality determinations for all subpart RR data elements can be found in the Memorandum, “ Final Data Category Assignments and Confidentiality Determinations for the 2012 Fi nal CBI Rule ” in Docket EPA

– HQ

– OAR

– 2 011

– 0028 and

13 Subpart RR is neither an exclusively direct emitter nor a supplier sourc e category, so for the purposes of this action the EPA assigned each subpart RR data element to one of the two groups based on its type and characteristics . The EPA assigned subpart RR data elements that pertain to emissions to one of the direct emitter da ta categories and the remaining subpart RR data elements to one of the supplier data categories.Page 48 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. on EPA’s website (see http://www.epa.gov/climatechange/emissions/CBI.html ). **Table 6 .**  **Subpart RR Data Elements for Which Confidentiality Status has Changed since Proposal** 
**Data Element Citation**  **Finalized Data Category and**  **Determination** If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually. 40 CFR 98.446(a)(1) Production/Throughput Quantities and Composition a ( “ No Determination ” )
If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to 40 CFR 98.446(a)(4): Volumetric flow through a receiving flow meter at standard conditions (in standard cubic meters) in each quarter. 40 CFR 98.446(a)(2)( i) Production/Throughput Quantities and Composition ( “ No Determination ” )

If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to 40 CFR 98.446(a)(4): The volumetric flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in standard cubic meters) in each quarter. 40 CFR 98.446(a)(2)(ii) Production/Throughput Quantities and Composition ( “ No Determination ” )

If a volumetric flow meter is used to receive CO 2 report the following unless you reported yes to 40 CFR 98.446(a)(4): CO 2 concentration in the flow (volume percent CO 2 expressed as a decimal fraction) in each quarter. 40 CFR 98.446(a)(2)(iii) Production/Throughput Quantities and Composition ( “ No Dete rmination ” )

If a mass flow meter is used to receive CO 2 report the following unless you reported yes to 40 CFR 98.446(a)(4): The mass flow through a receiving flow meter (in metric tons) in each quarter. 1 40 CFR 98.446(a)(3)(i) Production/Throughput Quant ities and Composition ( “ No Determination ” )Page 49 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Data Element Citation**  **Finalized Data Category and**  **Determination** If a mass flow meter is used to receive CO 2 report the following unless you reported yes to 40 CFR 98.446(a)(4): The mass flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in metric tons) in each quarter. 40 CFR 98.446(a)(3)(ii) Produ ction/Throughput Quantities and Composition ( “ No Determination ” )

If a mass flow meter is used to receive CO 2 report the following unless you reported yes to 40 CFR 98.446(a)(4): The CO 2 concentration in the flow (weight percent CO 2 expressed as a decimal fraction) in each quarter. 40 CFR 98.446(a)(3)(iii) Production/Throughput Quantities and Composition ( “ No Determination ” )

If you receive CO 2 in containers, report: The mass (in metric tons) or volume at standard conditions (in standard cubic meters) of co ntents in containers in each quarter. 40 CFR 98.446(b)(1) Production/Throughput Quantities and Composition ( “ No Determination ” )
If you receive CO 2 in containers: Concentration of CO 2 of contents in containers (volume or wt. % CO 2 expressed as a decimal fr action) in each quarter. 40 CFR 98.446(b)(2) Production/Throughput Quantities and Composition ( “ No Determination ” ) If you receive CO 2 in containers, report: The mass (in metric tons) or volume (in standard cubic meters) of contents in containers that is redelivered to another facility without being injected into your well in each quarter. 40 CFR 98.446(b)(3) Production/Throughput Quant ities and Composition ( “ No Determination ” )

If you receive CO 2 in containers: Net mass of CO 2 received (metric tons) annually. 40 CFR 98.446(b)(4) Production/Throughput Quantities and Composition a ( “ No Determination ” ) If you use more than one receiving fl ow meter: Total net mass of CO 2 received (metric tons) through all flow meters annually. 40 CFR 98.446(c) Production/Throughput Quantities and Composition a ( “ No Determination ” ) If the date specified in 40 CFR 98.446(e) is during the 40 CFR 98.446(f)(4)(i) Production/Throughput Quantities andPage 50 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Data Element Citation**  **Finalized Data Category and**  **Determination** reporting year for thi s annual report, report the following starting on the date specified in 40 CFR 98.446(e): For each separator flow meter (mass or volumetric), report CO 2 mass produced (metric tons) annually. Comp osition a ( “ No Determination ” )

If the date specified in 40 CFR 98.446(e) is during the reporting year for this annual report, report the following starting on the date specified in 40 CFR 98.446(e): For each separator flow meter (mass or volumetric), report CO 2 concentration in flow (volume or wt. % CO 2 expressed as a decimal fraction) in each quarter. 40 CFR 98.446(f)(4)(ii) Production/Throughput Quantities and Composition ( “ No Determination ” )

If the date specified in 40 CFR 98.446(e) is during the r eporting year for this annual report, report the following starting on the date specified in 40 CFR 98.446(e): If a volumetric flow meter is used, volumetric flow rate at standard conditions (standard cubic meters) in each quarter. 40 CFR 98.446(f)(4)(iii) Production/Throughput Quantities and Composition ( “ No Determination ” )

If the date specified in 40 CFR 98.446(e) is during the reporting year for this annual report, report the following starting on the date specified in 40 CFR 98.446(e): If a mass flow meter is used, mass flow rate (metric tons) in each quarter. 40 CFR 98.446(f)(4)(iv) Production/Throughput Quantities and Composition ( “ No Determination ” )

a These data element s could have also been placed in the “ Greenhouse Gases Reported ” data category b ecause the product is also the GHG reported. Summary of Comments .Page 51 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. This section contains summaries of the significant public comments and our responses thereto. Other public comments were also received. Response to these comments can be found in “ Confidentiality Determinations in the 2012 CBI
re -proposals: Responses to Public Comments ” in Docket EPA

– HQ

– OAR

– 2011

– 0028 and on the website, http://www.epa.gov/climatechange/emissions/CBI.html . Comment: One commenter that injects CO 2 for enhanced oil and gas recovery (ER) stated that data elements related to the quantity of CO 2 received onsite must be protected as CBI. The commenter asserted that information on the quantity of CO 2 received at individual flow meters and the total quantity of CO 2 received at a facility that conducts ER is not publ icly available. The commenter also disagree d with the EPA’s conclusion that public release of the quantity of CO 2 received does not create a substantial competitive disadvantage for the company. Combined with publ icly available information on CO 2 pipeline capacities, the commenter asserted that CO 2 suppliers and pipeline transportation companies could use data on the quantity of CO 2 reported as received by specific facilities to their advantage in price negotiation s on future contracts with the CO 2 purchasers (i.e., the reporting facilities under
s ubparts RR and UU). The commenter stated that th is risk isPage 52 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. amplified because there are so few CO 2 suppliers in the market. Response: EPA had proposed that the data element s in Table 6, which relate to the quantity of CO 2 received onsite , are not CBI on the basis that they are either publicly available or may be derived from publicly available data. However, the commenter claims this is not the case for data from facilities that conduct ER. Our initial review of available information lends support to the comment, which suggests that EPA may need to assess the confidentiality determination of these data elements separately for ER and non
- ER facilities. However, EPA had not an alyzed these data elements in Table 6 separately for ER and non
- ER activities in the re
-proposal. Further, facilities subject to the reporting requirements in Table 6 are not required to include in their annual report whether they are conducting ER. Ther efore, even if EPA were to make separate determinations in this final rule for ER and
non - ER facilities, EPA would not be able to withhold or disclose any of the data elements in Table 6 upon finalizing and in accordance with the determinations, which is the reason for making these confidentiality determinations through rulemaking. See 40 CFR 2.301(d). EPA would need additional information, in particularPage 53 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. whether the facilities conduct ER, before it can complete its confidentiality determinations for any of these data. In light of the above, the EPA is not making a confidentiality determination for the data elements in Table 6 in this final rule. Should we decide to make available any of these data in the future, we will at that time evaluate the confident iality status of these data elements on a case -by
- case basis, in accordance with existing CBI regulations in 40 CFR part 2, subpart B. Comment: One commenter that conducts ER asserted that certain data elements related to the quantity of produced CO 2 measu red at a separator meter should be protected as CBI . This commenter stated that the total mass of produced CO 2 by well or within a field is not already in the public domain and that the fact that some data from ER wells is publicly available does not demonstrate that publication of this data would not cause competitive harm. The commenter asserted that CO 2 is an essential commodity in ER projects, and because of its cost, companies go to great lengths to use it efficiently and to recycle as much of it as possible. The commenter stated that publication of produced CO 2 data, when coupled with publicly available information on oil and gas production by well, would enable competitors to calculate CO 2 utilizationPage 54 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. rates for both individual wells and fields. The commenter noted that b ecause this data would be available annually, it would be possible to track changes in CO 2 utilization
over time. The commenter stated that f rom these CO 2 utilization rates, competitors would gain insight into production costs, as well as information on how the reservoir was performing over time. The commenter stated that this information could be used in contract negotiations for CO 2 supply, as well as enabling competitors to fine tune investment, acquisition , and development stra tegies. The commenter also asserted that if data on the quantities of both injected CO 2 and produced CO 2 are publicly available, competitors can determine the quantity of CO 2 received by a site, because the total quantity of CO 2 injected equals the amount of CO 2 received on site plus the amount of CO 2 produced, less any surface emissions (which will be made public under s ubpart RR because they are “emission data”). Response: After reviewing the additional information provided by the commenter, the EPA agree s that the mass of produced CO 2 measured at a separator meter could be sensitive information for some facilities that report under Subpart RR and not for others. Therefore, the EPA decidedPage 55 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. not to make categorical confidentiality determination s for the data elements related to the mass of produced CO 2 measured per separator meter at this time (40 CFR 98.446(f)(4)(i)through (iv) listed in Table 6 of this preamble). We will evaluate the confidentiality status of these data elements on a case
-by
- c ase basis, in accordance with existing CBI regulations in 40 CFR part 2, subpart B. 3. Subpart UU
- Injection of Carbon Dioxide. Summary of Changes. In the 2012 CBI re
-proposal, the EPA proposed confidentiality determinations for subpart UU. 14 We received
c omment that, for ER projects, information related to the quantity of CO 2 received is not publicly available and may be likely to cause substantial competitive harm if made publicly available. For the reasons explained below, we have determined that the dat a elements that are listed in Table 7 of this preamble are CBI for facilities without an EPA- approved subpart RR R&D project exemption and non
- CBI for facilities with an EPA
- approved subpart RR R&D project exemption . The EPA did not receive comments on the remaining subpart UU data elements, and is finalizing confidentiality determinations as proposed for the subpart

14 Subpart UU is neither a direct emitter nor a supplier source category ; for the purposes of this action, the EPA assigned the subpart UU data elements to one of the supplier data categories because they are most similar in type and characteristics to supplier data.Page 56 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. UU data elements that are not listed in Table 7 of this preamble . The final confidentiality determinations for all subpart UU data elements can be found in the Memorandum,

“ Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule ” in Docket EPA

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– 0028 and on the EPA’s website ( see http://www.epa.gov/climatechange/emissions/CBI.html ). **Table 7 . Subpa** **rt UU Data Elements with Changed**  **Confidentiality Determinations since Proposal**

**Data Element**  **Citation Finalized Data**  **Category and CBI d** **etermination for facilities**  **without an R&D exemption**  **Finalized Data**

**Category and CBI d** **etermination for facilities**  **with an R&D exemption**  If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually. 40 CFR

98.476(a)(1) GHGs Reported and Production/Throughp ut Quantities and Composition a (CBI) Production/Throughp ut Quantities and Composition a ( non CBI)

If you receive CO 2 by pipeline, report the following for each receiving flow meter: If a volumetric flow meter is used to receive CO 2 : Volumetric flow through 40 CFR

98.476(a)(2)(i) Production/Throughp ut Quantities and Composition (CBI) Production/Throughp ut Quantities and Composition ( non CBI)Page 57 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Data Element**  **Citation Finalized Data**  **Category and CBI d** **etermination for facilities**  **without an R&D exemption**  **Finalized Data**

**Category and CBI d** **etermination for facilities**  **with an R&D exemption**  a receiving flow meter at standard conditions (standard cubic meters) in each quarter. If you receive CO 2 by pipeline, report the following for each flow meter: If a volumetric flow meter is used to receive CO 2 : The volumetric flow through a receiving flow meter that is redelivered to another facility without being injected into your well (standard cubic mete rs) in each quarter. 40 CFR

98.476(a)(2)(ii ) Production/Throughp ut Quantities and Composition (CBI) Production/Throughp ut Quantities and Composition ( non CBI)

If you receive CO 2 by pipeline, report the following for each receiving flow meter: If a 40 CFR

98.476(a)(2)(ii i) Production/Throughp ut Quantities and Composition (CBI) Production/Throughp ut Quantities and Comp osition ( non CBI)Page 58 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Data Element**  **Citation Finalized Data**  **Category and CBI d** **etermination for facilities**  **without an R&D exemption**  **Finalized Data**

**Category and CBI d** **etermination for facilities**  **with an R&D exemption**  volume tric flow meter is used to receive CO 2 : CO 2 concentratio n in the flow (volume % CO 2 expressed as a decimal fraction) in each quarter. If you receive CO 2 by pipeline, report the following for each flow meter: If a mass flow meter is used to receive CO 2 , report the mass flow through a receiving flow meter (in metric tons) in each quarter. 40 CFR

98.476(a)(3)(i) Production/Throughp ut Quantities and Composition (CBI) Production/Throughp ut Quantities and Composition ( non CBI)

If you receive CO 2 by pipeline, report the following for each flow meter: If a mass flow meter is used to receive CO 2 , report the mass flow through a receiving 40 CFR

98.476(a)(3)(ii ) Production/Throughp ut Quantities and Composition (CBI) Production /Throughp ut Quantities and Composition ( non CBI)Page 59 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Data Element**  **Citation Finalized Data**  **Category and CBI d** **etermination for facilities**  **without an R&D exemption**  **Finalized Data**

**Category and CBI d** **etermination for facilities**  **with an R&D exemption**  flow meter that is redelivered to another facility without being injected into your well (in metric tons) in each quarter. If you receive CO 2 by pipeline, report the following for each flow meter: If a mass flow meter is used to receive CO 2 , report CO 2 concentratio n in the flow (wt. % CO 2 expressed as a decimal fraction) in each quarter. 40 CFR

98.476(a)(3)(ii i) Production/Throughp ut Quantities and Composition (CBI) Production/Throughp ut Quantities and Composition ( non CBI)

If you receive CO 2 in containers, report: The mass (metric tons) or volume at standard conditions (standard cubic meters) of contents in containers 40 CFR

98.476(b)(1) Production/Throughp ut Quantities and Composition (CBI) Production/Throughp ut Quantities and Composition ( non CBI)Page 60 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Data Element**  **Citation Finalized Data**  **Category and CBI d** **etermination for facilities**  **without an R&D exemption**  **Finalized Data**

**Category and CBI d** **etermination for facilities**  **with an R&D exemption**  in each quarter. If you receive CO 2 in containers, report: The concentratio n of CO 2 of contents in containers (volume or wt. % CO 2 expressed as a decimal fraction) in each quarter. 40 CFR

98.476(b)(2) Production/Throughp ut Quantities and Composi tion (CBI) Production/Throughp ut Quantities and Composition ( non CBI)

If you receive CO 2 in containers, report: The mass (metric tons) or volume (standard cubic meters) of contents in containers that is redelivered to another facility without being inject ed into your well in each quarter. 40 CFR

98.476(b)(3) Production/Throughp ut Quantities and Composition (CBI) Production/Throughp ut Quantities and Composition ( non CBI)

If you receive CO 2 in containers, report: The net total mass of CO 2 received (in 40 CFR

98.476(b)(4 ) Production/Throughp ut Quantities and Composition a (CBI) Production/Throughp ut Quantities and Composition a ( non CBI)Page 61 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Data Element**  **Citation Finalized Data**  **Category and CBI d** **etermination for facilities**  **without an R&D exemption**  **Finalized Data**

**Category and CBI d** **etermination for facilities**  **with an R&D exemption**  met ric tons) annually If you use more than one receiving flow meter, report the net total mass of CO 2 received (metric tons) through all flow meters annually. 40 CFR

98.476(c) GHGs Reported and Production/Throughp ut Quantities and Composition a (CBI) Production/Throughp ut Quantities and Composition a ( non CBI)

a These data element s could have also been placed in the “ Greenhouse Gases Reported ” data category because the product is also the GHG reported. Summary of Comments . This section contains summaries of the significant public comments and our responses thereto. Other public
comments were also received. Response to these comments can be found in “ Confidentiality Determinations in the 2012 CBI
re -proposals: Responses to Public Comments ” in Docket EPA

– HQ

– OAR

– 2011

– 0028 and on the website, http://www.epa.gov/climatechange/emissions/CBI.html . Comment: One commenter that injects CO 2 for ER stated that certain data elements related to the quantity of CO 2 received on
- site must be protected as CBI. The commenter asserted that information on the quantity of CO 2 received atPage 62 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. individual flow meters and the total quantity of CO 2 received at a facility that conducts ER is not publ icly available. The commenter also disagree d with the EPA’s conclusion that public release of the quantity of CO 2 received does not create a substantial competitive disadvantage for the company. The commenter asserted that,
c ombined with publicly available information on CO 2 pipeline capacities, CO 2 suppliers and pipeline transportation companies could use data on the quantity of CO 2 reported as received by specific facilities to their advantage in price negotiations on future contracts with the CO 2 purchasers (i.e., the reporting facilities under subpart s RR and UU). The commenter stated that this risk is amplified because there are so few CO 2 suppliers i n the market. Response: After reviewing the additional information provided by the commenter, the EPA agrees that the quantity of CO 2 reported as received on site could be sensitive information. The EPA proposed that the data elements related to the quantity of CO 2 received would not be entitled to CBI protection because we believed that none of the data elements on CO 2 received included information on CO 2 prices or contract terms, and would not allow a competitor to deduce the reporter’s operating co sts and cause competitive harm. After reviewing this comment andPage 63 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. publicly available information, the EPA agrees that facilities that report under subpart UU and conduct ER activities are likely to experience substantial competitive harm if data on CO 2 rece ived were released to the public. As the commenter notes, the information on the quantity of CO 2 received per flow meter or per reporting facility is not publicly available. If this data were public, knowledge of a CO 2 –ER purchaser’s demand for CO 2 could give the CO 2 suppliers an unfair advantage in price negotiations. In addition, a small number of companies supply most of the CO 2 to the economy, which further exacerbates the CO 2 –ER purchaser’s competitive disadvantage. The majority of CO 2 sold to ER operations in the United States is produced from natural CO 2 bearing formations. According to Reporting Year 2010 data from the Greenhouse Gas Reporting Program, two companies dominated the CO 2 supply market, producing approximately 80 percent of the CO 2 available for purchase from natural CO 2 bearing formations. 15 In addition to facilities that conduct ER, acid gas operations (facilities that separate a CO 2 stream during natural gas processing and inject it underground) will report under subpart UU. The amount of CO 2 separated in acid gas operations is reported by these facilities under

15 See www.ghgdata.epa.gov.Page 64 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. subpart PP. These facilities are allowed to report the amount of CO 2 received under subpart UU by using the amount of CO 2 report ed under subpart PP, following the subpart PP methods and requirements. 16 This subpart PP data was determined to be CBI in the 2011 Final CBI rule . Therefore, the EPA has decided to change the confidentiality determination to treat as CBI 12 subpart UU data elements related to the quantity of CO 2 received (see Table 7 of this preamble for the list of affected data elements). Other than facilities conducting ER or acid gas operations, the facilities that must report under subpart UU include facilities that have received a Research and Development (R& D) project exemption from subpart RR. The EPA notes that data on the quantity of CO 2 received would not be competitively sensitive for facilities that have received an R&D project exemption from subpart RR. It is standard practice that CO 2 that is received by non
- ER facilities for R&D geologic sequestration projects is wholly injected underground without a recycled component. The quantity of CO 2 injected for these projects is readily available from public sources and thus the quantity of CO 2

16 40 CFR 98.474(a)(1)(iii) and (a)(3)(iii)Page 65 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. received by these projects is widely known. 17 The EPA has concluded that the disclosure of the amount of CO 2 received is unlikely to cause competitive harm to facilities with a R&D project exemption. Therefore, the EPA is finalizing a determination tha t for the subcate gory of subpart UU reporters that have received an R&D project exemption from subpart RR, the 12 data elements related to CO 2 received are not eligible for CBI treatment and will not be protected as CBI (see Table 7 of this preamble for the list of affecte d data elements) . **III. Confidentiality D eterminations for New Data Elements**  **in Subparts II and TT and Responses to Public Comments** The Technical Corrections final rule, which was issued after the 2011 Final CBI Rule, added seven new non - input data elemen ts to subparts II and TT. C onfidentiality determinations for the remainder of the data elements in these subparts have already been finalized in the 2011 Final CBI Rule. Subsequent to the 2011 Final CBI Rule, we proposed category assignments and confidenti ality determinations for these new data elements in the 2012 CBI
re -proposal. The EPA did not receive any comment on the data category assignments or confidentiality determinations

17 For example, see the proceedings of the Department of Energy National Energy Technology Laboratory Carbon Storage Program Infrastructure Annual Review Meeting .Page 66 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. for any data elements for which we proposed confidentiality determinations for these two subparts in the 2012 CBI re
proposal. Thus, the EPA is finalizing confidentiality determinations for these new subpart II and TT data elements as proposed. The final confidentiality determinations for these new subpart II and TT data elements can be found in the memorandum, “ Final Data Category Assignments and Confidentiality Determinations for the 2012 Final CBI Rule. ” **IV. Amendments to Table A** **- 6 and A** **- 7 to Defer Reporting of**  **Certain Inputs to Emission Equations in Subparts W, FF and TT**  We are finalizing the proposed amendments made in the Subpart W CBI re
-proposal to Table A
- 7 of subpart A, which included amendments to address the renumbering of 11 inputs, the addition of 10 new inputs, and the deletion of 21 data elements that were re
- catego rized to other data categories because the data elements are not the actual values used in the equations. (The deletions recognized, for example, the distinction between individual measured values used to calculate emissions, which are inputs, and the repo rted average of these measured values, which is not used as an input to emissions equations.) We are finalizing these amendments as proposed with the exception that we arePage 67 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. correcting a typographical error in the Subpart W CBI re
proposal by replacing the word “required” with “recovered” in two entries (40 CFR 98.236(c)(6)(i)(G) and (H) ) for subpart W of Table A
- 7 of subpart A of Part 98. We are finalizing Table A
- 7 of subpart A with this minor wording change in response to public comment and to more accurat ely reflect the actual reporting requirements. As proposed in the Subpart W CBI re
-proposal, we are deferring the deadline for reporting all subpart W inputs until March 31, 2015 to allow sufficient time to: (1) evaluate the extent to which potential compe titive harm may result if any of the inputs to equations were reported and made publicly available; and (2) determine whether emissions can be calculated or verified using additional methodologies, consistent with the transparency and accuracy goals of Par t 98. The Technical Corrections final rule added one new subpart TT data element that is used as an input to an emission equation (the methane correction factor (MCF) value used in the calculations (40 CFR 98.446(b)(4)). In the 2012 CBI re
-proposal, we pr oposed to assign this data element to the inputs to equations category. We also proposed that this data element be added to Table A
- 6 of subpart A to defer its reporting to March 31, 2013. WePage 68 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. received no comments on the proposal described above. The EPA is therefore finalizing the assignment of this data element to the “Inputs to Emission Equations” data category and its addition to Table A
- 6 of subpart A to require its reporting by March 31, 2013. The Technical Corrections final rule similarly added two new subpart FF data elements that are used as inputs to emission equations:

 Moisture content used in Equation FF
- 1 and FF
- 3 (40 CFR 98.326(o)).
 The gaseous organic concentration correction factor used, if Equation FF
- 9 was required (40 CFR 98.326(o)). In the 2012 CBI re
-proposal, we proposed to assign these two data elements in 98.236(o) to the “Inputs to Emission Equations” data category and defer their reporting deadline to March 31, 2013. As explained in the proposed rule, the paragraph citation for these two data elements (40 CFR 98.326(o)) is already included in Table A
- 6 of subpart A deferring the reporting deadline until March 31, 2013; therefore, no amendment to Table A
- 6 of subpart A is required to defer their reporting to March 31, 2013. We received no public comments on our proposal, and we are finalizing the category assignment and deferral of the reporting deadline for these two new subpart FF data elements as proposed.Page 69 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. In the Technical Corrections final rule, we also re
numbered the rule citation s for three subpart TT data reporting elements. In the 2012 CBI re
-proposal, the EPA proposed to amend Table A
- 6 of subpart A list of paragraph references for subpart TT data elements to reflect the revision to the paragraph citations. We did not receive any comment, and we are finalizing as proposed the amendments to Table A
- 6 of subpart A in this action. **V . Background and Amendments to the Best Available**  **Monitoring Method for Subpart I**  A. Background Following the publication of the final subpart I rule , 18 an industry association requested reconsideration of numerous provisions in the final rule. The final amendments in this action are in response to the request for reconsideration of the specific provision that requires facilities that have been granted ex tensions to use BAMM to recalculate their emissions for the time period for which BAMM was used at a later date using methods that are fully compliant with subpart I. B. Amendments to the Best Available Monitoring Method Provisions for Subpart I

18 75 FR 74774, December 1, 2010Page 70 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. For the reasons explained in Section IV of the subpart I CBI re -proposal, we are finalizing amendments to the subpart I BAMM provisions . These amendments to subpart I eliminate the requirement that facilities granted an extension to use BAMM must recalculate and r esubmit the emissions estimate for the BAMM extension period. The EPA received comments in support of these amendments and no comments opposing them. Accordingly, we are finalizing as proposed these amendments to subpart I. **VI. Statutory and Executive Orde r Reviews**  A . Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action , which finalizes confidentiality determinations for data elements in the 9 subparts included in the preambl e, finalizes amendments to subpart A of Part 98, and remove s the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions estimate for the BAMM extension period is not a “ significant regulatory actio n ” 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) .Page 71 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. B . Paperwork Reduction Act This action , which finalizes confidentialit y determinations for data elements in the 9 subparts included in the preamble, finalizes amendments to subpart A of Part 98, and remove s the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions e stimate for the BAMM extension period does not impose any new information collection burden and does not increase the existing reporting burden. The Office of Management and Budget ( OMB ) has previously approved the information collection requirements conta ined in the se subparts, 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 the following OMB control numbers: 2060
- 0650 , for subparts I, DD, and SS; 2060
- 0651, for subpart W; 2060
- 0649, for subparts RR and UU; and 2060
- 0647 for subparts FF, II, and TT. The OMB control numbers for EPA’s regulations in 40 CFR are listed at 40 CFR part 9 . C . Regulatory Flexibility Act (RFA) The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and commentPage 72 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency c ertifies 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 rule on small entities, a small entity is defined as: (1) A small business as defined by the Small Business Administration’s (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school dis trict or special district with a population of less than 50,000; and (3) a small organization that is any not
- for
-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today’s final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impa ct on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of a regulatoryPage 73 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. flexibility analyses is to identify and address regulatory alternatives “which minimize any significant economic impact of the rule on small entities.” 5 U.S.C. §§ 603,604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, h as no burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. This action, which finalizes confidentiality determinations for data elements in the 9 subparts included in the preamble, finalizes amendments to subpart A of Part 98, and removes the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions estimate for the BAMM extension period does not increase the existing reporting burden on small entities. We have therefore concluded that today's final rule will relieve or have no burden on small entities subject to the rule. D . Unfunded Mandates Reform Act (UMRA) These final rule amendments and confidentiality determinations do not contain a federal mandat e that may result in expenditures of $100 million or more for state, local, and tribal governments, in the aggregate, or the private sect or in any one year. The amendment to subpart IPage 74 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. remove s the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions estimate for the BAMM extension period and the confidentiality determinations are administrative in nature and do not increase the costs of compliance for facilities to comply with Part 98. Thus, th is rule is not subject to the requirements of section s 202 or 205 of the UMRA . This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small government s. The confidentiality determinations for data elements that this action finalizes are administrative in nature, and this action r emove s the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions e stimate for the BAMM extension period . E . Executive Order 13132: Federalism This action , which finalizes confidentiality determinations for data elements in the 9 subparts included in the preamble, finalizes amendments to subpart A of Part 98, and remove s the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions estimate for the BAMM extension period does not have federalism implications . It will notPage 75 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. have sub stantial direct effects on the s t ates, on the relationship between the national government and the
s tates, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 . For a more detailed discussion about how Part 98 relates to existing s tate programs, please see Section II of the preamble to the final Greenhouse Gas Reporting Rule (74 FR 56266, October 30, 2009). This action applies to suppliers of GHGs and facilities that directly emit GHG s above threshold levels. Rel atively few government facilities are affected by this action since Part 98 appl ies only to government entities that own a facility that directly emits GHGs above threshold levels . This action also does not limit the power of s tates or localities to collec t GHG data and/or regulate GHG emissions , nor does it directly affect the power of states or localities to disclose or protect information reported to those states or localities . Thus, Executive Order 13132 does not apply to this action. F . Executive Order 13175: Consultation and Coordination with Indian Tribal Governments This action , which finalizes confidentiality determinations for data elements in the 9 subparts includedPage 76 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. in the preamble, finalizes amendments to subpart A of Part 98, and remove s the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions estimate for the BAMM extension period 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 the EPA’s consultations with tribal governments and representatives, see Section VIII.F of the preamble to the final Greenhouse Gas Reporting Rule (74 FR 56371, October 30, 2009). 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 regulator y actions that concern health or safety risks, such that the analysis required under section 5
- 501 of the Executive Order has the potential to influence the regulation . This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H . Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or UsePage 77 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. This action , which finalizes confidentiality determinations for data elements in the 9 subpart s included in the preamble, finalizes amendments to subpart A of Part 98, and remove s the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions estimate for the BAMM extension period 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 No. 104
- 113 , 12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical . Volunta ry 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, thr ough OMB, explanations when the agency decides not to use available and applicable voluntary consensus standards. This final action, which finalizes confidentiality determinations for data elements in the 9 subparts includedPage 78 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. in the preamble, finalizes amendments to subpart A of Part 98, and remove s the requirement that facilities that are granted an extension to use BAMM must recalculate and resubmit the emissions estimate for the BAMM extension period does not add any new technical standards or revise any existing technical standards included in Part 98. Therefore, the EPA did not consider the use of any voluntary consensus standards. J . Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low
Income Population s 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 final rule will not have disproportionately high and adverse human health or environmental effects on minority or low
- incomePage 79 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. populations . This final rule does not affect the level of protection provided to human health or the environment because it address es information collection and reporting procedures. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq ., as added by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), genera lly provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States . The EPA will submit a report containing this rule and other required information to the U.S . Senate, the U.S. House of Representatives, and the Comptroller General of the United S tates prior to publication in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 804(2) . Therefore, this rule will be effective on [ INSERT THE DATE 30 DAYS AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER ], except for the amendments to Tables A
- 6 and A
- 7 of 40 CFR part 98 subpart A and the amendments to 40 CFR part 98 subpart I (section 98.94(a)(2)(iii), (a)(3)(iii), and (a)(4)(iii), which arePage 80 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. effective on [INSERT DATE OF PUBLI CATION OF THIS FINAL RULE IN THE FEDERAL REGISTER] .Page 81 of 87

**List of Subjects in**  **40 CFR Part 98**  Environmental protection, Administrative practice and procedure, Greenhouse gases, Reporting and recordkeeping requirements.

Dated: August 2, 2012

L isa P. Jackson, Administrator.Page 82 of 87

For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is 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
- 6 to subpart A of Part 98 is amended by revising the entries for subpart TT to read as follows: **Table A -**  **6 to Subpart A of Part 98 --** **Data Elements That Are Inputs**  **to Emission Equations and for Which the Reporting Deadline is**  **March 31, 2013**

**Subpart Rule citation (40 CFR**  **part 98) Specific data elements for which**  **reporting date is March 31, 2013 (“All” means all data elements in**  **the cited paragraph are not required to**  **be reported until**

**March 31, 2013)** * * * * * * * TT 98.466(a)(2) All TT 98.466(a)(3) Only last year the landfill accepted waste (for closed landfills using Equation TT
- 4) TT 98.466(a)(4) Only capacity of the landfill in metric tons (for closed landfills using Equation TT
- 4) TT 98.466(b)(3) Only fraction of CH 4 in landfill gas. TT 98.466(b)(4) Only the methane correction factor (MCF) value used in the calculations. TT 98.466(c)(1) All TT 98.466(c)(4)(i) All TT 98.466(c)(4)(ii) All TT 98.466(c)(4)(iii) AllPage 83 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Subpart Rule citation (40 CFR**  **part 98) Specific data elements for which**  **reporting date is March 31, 2013 (“All” means all data elements in**  **the cited paragraph are not required to**  **be reported until**

**March 31, 2013)** TT 98.466(d)(2) All TT 98.466(d)(3) Only degradable organic carbon (DOCx) value used in calculations. TT 98.466(e)(2) Only surface area (in square meters) at the start of the reporting year for the landfill sections that contain waste and that are associated with the selected cover type (for facilities using a landfill gas collection system) TT 98.466(f) All 3. Table A
- 7 to subpart A of P art 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” me ans 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.Page 84 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Subpart Rule Citation (40 CFR part 98)**  **Specific Data Elements for Which Reporting Date is March**  **31, 2015 (“All” me ans all**  **data elements in the cited paragraph are not required to**  **be reported until March 31,**

**2015)** 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. 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.Page 85 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. **Subpart Rule Citation (40 CFR part 98)**  **Specific Data Elements for Which Reporting Date is March**  **31, 2015 (“All” me ans all**  **data elements in the cited paragraph are not required to**  **be reported until March 31,**

**2015)** 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. * * * * * * * **Subpart I —**  **[Amended]**Page 86 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 4. Section 98.94 is amended by revising paragraphs (a)(2)(iii), (a)(3)(iii), and (a)(4)(iii) to read as follows: §98.94 Monitoring and QA/QC requirements . ( a ) * * * (2 ) * * * (iii) Approval criteria . To obtain approval, the owner or operator must demonstrate to the Administrator’s satisfaction that by July 1, 2011, it is not reasonably feasible to acquire, install, or operate the required piece of monitoring equipment, or procure necessary measurement services to comply with the requirements of this subpart. ( 3 ) * * * (iii) Approval criteria . To obtain approval, the owner or operator must demonstrate to the Administrator’s satisfaction that by December 31, 2011 it i s not reasonably feasible to acquire, install, or operate the required piece of monitoring equipment or procure necessary measurement services to comply with the requirements of this subpart. ( 4 ) * * * (iii) Approval criteria . To obtain approval, the owner or operator must demonstrate to the Administrator’s satisfaction that by December 31, 2011 (or in the case of facilities that are required to calculate and report emissions in accordance with § 98.93(a)(2)(ii)(A), December 31, 2012), it is not reasonablyPage 87 of 87

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on August 2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. feasible to acquire, install, or operate the required piece of monitoring equipment according to the requirements of this subpart.

* * * * *