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 Office'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 deadline of certain data elements until 2013 and 

to defer the reporting deadline of certain data elements 

until 2015. Lastly, 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 “Inputs to Emission

Equations” data category.
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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 THIS 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.
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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 INFORMATION CONTACT: Carole Cook, Climate 

Change Division, Office of Atmospheric Programs (MC-6207J), 

Environmental Protection Agency, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460; telephone number: (202) 343-

9263; fax number: (202) 343-2342; email address: 

GHGReportingRule@epa.gov. For technical information and 

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 INFORMATION:

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 Program 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 are 
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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 expressly 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 amendments 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. 
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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. 

Section 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 Associate 
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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 these requirements.

Acronyms and Abbreviations. The following acronyms and 

abbreviations are used in this document.

BAMM Best Available Monitoring Methods

CAA Clean Air Act

CO2 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 Web
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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 Emitter 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 LowIncome Populations
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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 rule1 after the 

 

1 76 FR 73886, November 29, 2011
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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 noninputs 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 recalculate 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) 
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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 A6 or A-7

I Some data elements (excludes recipespecific 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

noneb

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 

category
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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 Part 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 Part 98 

subparts, except for those assigned to the “Inputs 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 UU3.

 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 L4, 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 subpart RR, 

the EPA moved all definitions, requirements, and procedures for

facilities conducting only CO2 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. Please see Docket ID No. EPAHQ-OAR-2011-0147 for more information. 
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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 referred 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 reflect 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 amendments 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

confidentiality determinations for data elements that are 

in the “Inputs to Emission Equations” 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 equation for direct emitters was likely to 
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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 direct emitter reporters to report 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. 

Subpart 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 subparts 

of Part 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 (CO2) enhanced oil and gas 

recovery projects, acid gas injection projects, geologic 

sequestration projects, importers and exporters of precharged equipment and closed-cell foams, industrial 

wastewater treatment facilities, underground coal mines, 
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version.

and industrial waste landfills. Affected categories 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 

Systems

486210 Pipeline transportation of 

natural gas.

221210 Natural gas distribution 

facilities.

211 Extractors of crude petroleum and 

natural gas.

211112 Natural gas liquid extraction 

facilities.

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. 
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version.

Category NAICS Examples of affected facilities

423610 Circuit breakers merchant 

wholesalers. 

CO2 Enhanced Oil 

and Gas 

Recovery 

Projects

211 Oil and gas extraction projects 

using CO2 enhanced recovery.

Acid Gas 

Injection 

Projects

211111 

or 

211112

Projects that inject acid gas 

containing CO2 underground.

Geologic 

Sequestration 

Projects

N/A CO2 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 confidentiality 
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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, consult 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 final rule 

(74 FR 56260, October 30, 2009) and the Response to 

Comments on the Proposed Rule, Volume 9, Legal Issues, CAA 

section 114 provides the EPA broad authority to obtain the 

information in Part 98 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 initial 
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2, 2012. We have taken steps to ensure the accuracy of this version, but it is not the official 

version.

Part 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 

information 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 Determinations

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. 
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Specifically, we have assigned each data element specified 

in Table 1 of this preamble to one of 21 data categories5

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 (eight 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 

assigning 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.”
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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 “emission 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 considered 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
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Emission 

Dataa

Data That 

Are Not 

Emission 

Data and 

Not CBI

Data That 

Are Not 

Emission 

Data But 

Are CBIb

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 Xc

Unit/Process 

Operating 

Characteristics that 

are Not Inputs to 

Emission Equations

X

c Xc

Test and Calibration 

Methods

X

Production/Throughput 

Data that are Not 

Inputs to Emission 

Equations

X

Raw Materials 

Consumed that are Not 

Inputs to Emission 

Equations

X

Process-Specific and 

Vendor Data Submitted 

in BAMM Extension 

Requests

X

a Under CAA section 114(c), “emission data” are not entitled to 

confidential treatment. The term “emission data” is defined at 40 CFR 

2.301(a)(2)(i).

b Section 114(c) of the CAA affords 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. 
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Table 4. Summary of Final Confidentiality Determinations 

for Supplier Data Categories

Data Category

Confidentiality Determinations for Data 

Elements in Each Category

Emission 

Dataa

Data That Are 

Not Emission 

Data and Not 

CBI

Data That Are 

Not Emission 

Data But Are 

CBIb

GHGs Reported X

c Xc

Production/ 

Throughput 

Quantities and 

Composition

X

c Xc

Identification 

Information

X

Unit/Process 

Operating 

Characteristics

X

c Xc

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 

X
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Data Category

Confidentiality Determinations for Data 

Elements in Each Category

Emission 

Dataa

Data That Are 

Not Emission 

Data and Not 

CBI

Data That Are 

Not Emission 

Data But Are 

CBIb

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 affords 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 for 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 Part 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 Part 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–HQ–OAR–2011-0028 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 summarizes 
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comments and responses for direct emitter data elements in 

subparts I, W, DD, RR, and SS, which we proposed in 2012 in 

three actions (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 2012 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. Sections 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 – Electronics 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.
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this direct emitter subpart. The EPA received comments 

raising concerns about finalizing the confidentiality 

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 formation rates.
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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 Equation I-5 (listed at 40 CFR 98.96(a))) 

because it is also the subject of a petition for 

reconsideration of the December 1, 20108 subpart I rule. 

Finally, we are not addressing confidentiality 

determinations for data elements in the “Inputs to Emission 

Equations” 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.
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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–HQ–OAR–2011–0028 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 reconsideration 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 EPA 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.
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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 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” (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 those 

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:
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 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 Equations 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 I9. (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 inputs to 

emission equations. The reporting of inputs to emission 

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) should 
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receive confidential treatment as it will likely generate a 

capacity different 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 use the maximum 

manufacturing capacity published by the “World Fab 

Forecast.”

Response: For the reason provided previously in this 

Summary to Comments section, the EPA 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 rule. 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-
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case basis, in accordance with existing CBI regulations 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-proposal. 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 Confidentiality 

Determinations for the 2012 Final CBI Rule” (see Docket 

EPA–HQ–OAR–2011-0028 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. Responses to these comments 

can be found in “Confidentiality Determinations in the 2012 

CBI re-proposals: Responses to Public Comments” in Docket 
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EPA–HQ–OAR–2011–0028 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 

assessments 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. 
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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 these data elements meet the 

definition of emission data in 40 CFR 2.301(a)(2)(i) 

because they are actual GHGs 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 individual 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, reporters are not required to report sensitive 
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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 why 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 specific 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 noninput data elements reported under subpart W are reported 
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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 elements 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.didesktop.com/products/) and the EIA.

Therefore, we conclude that our proposed 

determinations regarding the non-input data elements are 
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appropriate and finalize those determinations in this 

action.

Comment: One commenter disagreed with our proposed 

determination 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 

disruptions 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. This 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 their 
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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 

decision 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.
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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 Act10 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 public 

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 

reporting 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.
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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 subpart 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 2015. 

3. Subparts 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 assignments 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. 
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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 

data 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 “Confidentiality 
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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.

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 decided 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 confidentiality 
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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” in
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Docket EPA–HQ–OAR–2011–0028 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 separate 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 FGHGs 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 confidential the 

information contained in the shipment manifest. In such 

cases, the CBP protects as confidential the name and 
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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

undermine 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-referenced 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 the 
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manifest (e.g., country of origin and type and volume of 

commodities imported or exported). Pursuant to 19 CFR 

103.31(d), CBP keeps the name and address of importers and 

exporters confidential where importers and exporters submit 

a certification claiming the information in their manifest 

is confidential. 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 

submits 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 makes manifest 

data (excluding the name and addresses for those claiming 

confidentiality) available to the public on CD-ROMs. We 

also agree with the commenter that some of the information 

contained in manifests 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. Such 
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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/exported 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, in 
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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 competitive 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 statement 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 information 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. 
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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 for 

the reasons explained in the Summary of Comments section 

below, we have decided not to make CBI determinations 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 Final CBI Rule” in Docket EPA–HQ–OAR–2011–0028 and 

 

13 Subpart RR is neither an exclusively direct emitter nor a supplier 

source 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 data categories and 

the remaining subpart RR data elements to one of the supplier data 

categories.
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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 CO2 by 

pipeline, report the 

following for each receiving 

flow meter: Total net mass 

of CO2 received (metric tons) 

annually.

40 CFR 

98.446(a)(1)

Production/Throughput 

Quantities and 

Compositiona (“No 

Determination”)

If a volumetric flow meter 

is used to receive CO2 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 CO2 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 CO2 report 

the following unless you 

reported yes to 40 CFR 

98.446(a)(4): CO2

concentration in the flow 

(volume percent CO2 expressed 

as a decimal fraction) in 

each quarter. 

40 CFR 

98.446(a)(2)(iii)

Production/Throughput 

Quantities and 

Composition (“No 

Determination”)

If a mass flow meter is used 

to receive CO2 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 

Quantities and 

Composition (“No 

Determination”)
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Data Element Citation

Finalized Data 

Category and 

Determination

If a mass flow meter is used 

to receive CO2 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)

Production/Throughput 

Quantities and 

Composition (“No 

Determination”)

If a mass flow meter is used 

to receive CO2 report the 

following unless you 

reported yes to 40 CFR 

98.446(a)(4): The CO2

concentration in the flow 

(weight percent CO2 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 CO2 in 

containers, report: The mass 

(in metric tons) or volume 

at standard conditions (in 

standard cubic meters) of 

contents in containers in 

each quarter.

40 CFR 

98.446(b)(1)

Production/Throughput 

Quantities and 

Composition (“No 

Determination”)

If you receive CO2 in 

containers: Concentration of 

CO2 of contents in containers 

(volume or wt. % CO2

expressed as a decimal 

fraction) in each quarter.

40 CFR 

98.446(b)(2)

Production/Throughput 

Quantities and 

Composition (“No 

Determination”)

If you receive CO2 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 

Quantities and 

Composition (“No 

Determination”)

If you receive CO2 in 

containers: Net mass of CO2

received (metric tons) 

annually.

40 CFR 

98.446(b)(4)

Production/Throughput 

Quantities and 

Compositiona (“No

Determination”)

If you use more than one 

receiving flow meter: Total 

net mass of CO2 received 

(metric tons) through all 

flow meters annually.

40 CFR 98.446(c) Production/Throughput 

Quantities and 

Compositiona (“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 and 
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Data Element Citation

Finalized Data 

Category and 

Determination

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 CO2

mass produced (metric tons) 

annually. 

Compositiona (“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 CO2

concentration in flow 

(volume or wt. % CO2

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 

reporting 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 elements could have also been placed in the “Greenhouse 

Gases Reported” data category because the product is also the GHG

reported.

Summary of Comments.
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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 CO2 for enhanced 

oil and gas recovery (ER) stated that data elements related 

to the quantity of CO2 received onsite must be protected as 

CBI. The commenter asserted that information on the 

quantity of CO2 received at individual flow meters and the 

total quantity of CO2 received at a facility that conducts 

ER is not publicly available. The commenter also disagreed

with the EPA’s conclusion that public release of the 

quantity of CO2 received does not create a substantial 

competitive disadvantage for the company. Combined with 

publicly available information on CO2 pipeline capacities, 

the commenter asserted that CO2 suppliers and pipeline 

transportation companies could use data on the quantity of 

CO2 reported as received by specific facilities to their 

advantage in price negotiations on future contracts with 

the CO2 purchasers (i.e., the reporting facilities under 

subparts RR and UU). The commenter stated that this risk is 
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amplified because there are so few CO2 suppliers in the 

market.

Response: EPA had proposed that the data elements in 

Table 6, which relate to the quantity of CO2 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 analyzed 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. Therefore, 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 particular 
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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 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.

Comment: One commenter that conducts ER asserted that 

certain data elements related to the quantity of produced 

CO2 measured at a separator meter should be protected as

CBI. This commenter stated that the total mass of produced 

CO2 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 CO2 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 CO2 data, when coupled with

publicly available information on oil and gas production by 

well, would enable competitors to calculate CO2 utilization 
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rates for both individual wells and fields. The commenter 

noted that because this data would be available annually, 

it would be possible to track changes in CO2 utilization 

over time. The commenter stated that from these CO2

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 CO2 supply, as well as enabling competitors 

to fine tune investment, acquisition, and development 

strategies.

The commenter also asserted that if data on the 

quantities of both injected CO2 and produced CO2 are 

publicly available, competitors can determine the quantity 

of CO2 received by a site, because the total quantity of CO2

injected equals the amount of CO2 received on site plus the 

amount of CO2 produced, less any surface emissions (which 

will be made public under subpart RR because they are 

“emission data”).

Response: After reviewing the additional information 

provided by the commenter, the EPA agrees that the mass of 

produced CO2 measured at a separator meter could be 

sensitive information for some facilities that report under 

Subpart RR and not for others. Therefore, the EPA decided 
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not to make categorical confidentiality determinations for 

the data elements related to the mass of produced CO2

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-case 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 

comment that, for ER projects, information related to the 

quantity of CO2 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 data 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.
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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–

HQ–OAR–2011–0028 and on the EPA’s website (see 

http://www.epa.gov/climatechange/emissions/CBI.html).

Table 7. Subpart UU Data Elements with Changed 

Confidentiality Determinations since Proposal

Data 

Element Citation

Finalized Data 

Category and CBI

determination

for facilities 

without an R&D 

exemption

Finalized Data 

Category and CBI 

determination

for facilities 

with an R&D 

exemption

If you 

receive CO2

by pipeline, 

report the 

following 

for each 

receiving 

flow meter: 

Total net 

mass of CO2

received 

(metric 

tons) 

annually.

40 CFR 

98.476(a)(1)

GHGs Reported and 

Production/Throughp

ut Quantities and 

Compositiona (CBI)

Production/Throughp

ut Quantities and 

Compositiona (nonCBI)

If you 

receive CO2

by pipeline, 

report the 

following 

for each 

receiving 

flow meter: 

If a 

volumetric 

flow meter 

is used to 

receive CO2: 

Volumetric 

flow through 

40 CFR 

98.476(a)(2)(i)

Production/Throughp

ut Quantities and 

Composition (CBI)

Production/Throughp

ut Quantities and 

Composition (nonCBI)
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Data 

Element Citation

Finalized Data 

Category and CBI

determination

for facilities 

without an R&D 

exemption

Finalized Data 

Category and CBI 

determination

for facilities 

with an R&D 

exemption

a receiving 

flow meter 

at standard 

conditions 

(standard 

cubic 

meters) in 

each 

quarter.

If you 

receive CO2

by pipeline, 

report the 

following 

for each 

flow meter: 

If a 

volumetric 

flow meter 

is used to 

receive CO2: 

The 

volumetric 

flow through 

a receiving 

flow meter 

that is 

redelivered 

to another 

facility 

without 

being 

injected 

into your 

well 

(standard 

cubic 

meters) in 

each 

quarter.

40 CFR 

98.476(a)(2)(ii

)

Production/Throughp

ut Quantities and 

Composition (CBI)

Production/Throughp

ut Quantities and 

Composition (nonCBI)

If you 

receive CO2

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 

Composition (nonCBI)
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Data 

Element Citation

Finalized Data 

Category and CBI

determination

for facilities 

without an R&D 

exemption

Finalized Data 

Category and CBI 

determination

for facilities 

with an R&D 

exemption

volumetric 

flow meter 

is used to 

receive CO2: 

CO2

concentratio

n in the 

flow (volume 

% CO2

expressed as 

a decimal 

fraction) in 

each 

quarter.

If you 

receive CO2

by pipeline, 

report the 

following 

for each 

flow meter: 

If a mass 

flow meter 

is used to 

receive CO2, 

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 (nonCBI)

If you 

receive CO2

by pipeline, 

report the 

following 

for each 

flow meter: 

If a mass 

flow meter 

is used to 

receive CO2, 

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 (nonCBI)
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Data 

Element Citation

Finalized Data 

Category and CBI

determination

for facilities 

without an R&D 

exemption

Finalized Data 

Category and CBI 

determination

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 CO2

by pipeline, 

report the 

following 

for each 

flow meter: 

If a mass 

flow meter 

is used to 

receive CO2, 

report CO2

concentratio

n in the 

flow (wt. % 

CO2

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 (nonCBI)

If you 

receive CO2

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 (nonCBI)
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Data 

Element Citation

Finalized Data 

Category and CBI

determination

for facilities 

without an R&D 

exemption

Finalized Data 

Category and CBI 

determination

for facilities 

with an R&D 

exemption

in each 

quarter.

If you 

receive CO2

in 

containers, 

report: The 

concentratio

n of CO2 of 

contents in 

containers 

(volume or 

wt. % CO2

expressed as 

a decimal 

fraction) in 

each 

quarter.

40 CFR 

98.476(b)(2)

Production/Throughp

ut Quantities and 

Composition (CBI)

Production/Throughp

ut Quantities and 

Composition (nonCBI)

If you 

receive CO2

in 

containers, 

report: The 

mass (metric 

tons) or 

volume 

(standard 

cubic 

meters) of 

contents in 

containers 

that is 

redelivered 

to another 

facility 

without 

being 

injected 

into your 

well in each 

quarter.

40 CFR 

98.476(b)(3)

Production/Throughp

ut Quantities and 

Composition (CBI)

Production/Throughp

ut Quantities and 

Composition (nonCBI)

If you 

receive CO2

in 

containers, 

report: The 

net total 

mass of CO2

received (in 

40 CFR 

98.476(b)(4)

Production/Throughp

ut Quantities and 

Compositiona (CBI)

Production/Throughp

ut Quantities and 

Compositiona (nonCBI)
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Data 

Element Citation

Finalized Data 

Category and CBI

determination

for facilities 

without an R&D 

exemption

Finalized Data 

Category and CBI 

determination

for facilities 

with an R&D 

exemption

metric tons) 

annually

If you use 

more than 

one 

receiving 

flow meter, 

report the 

net total 

mass of CO2

received 

(metric 

tons) 

through all 

flow meters 

annually.

40 CFR 

98.476(c)

GHGs Reported and 

Production/Throughp

ut Quantities and 

Compositiona (CBI)

Production/Throughp

ut Quantities and 

Compositiona (nonCBI)

a These data elements 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 CO2 for ER stated

that certain data elements related to the quantity of CO2

received on-site must be protected as CBI. The commenter 

asserted that information on the quantity of CO2 received at 
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individual flow meters and the total quantity of CO2

received at a facility that conducts ER is not publicly 

available. The commenter also disagreed with the EPA’s 

conclusion that public release of the quantity of CO2

received does not create a substantial competitive 

disadvantage for the company. The commenter asserted that, 

combined with publicly available information on CO2 pipeline 

capacities, CO2 suppliers and pipeline transportation 

companies could use data on the quantity of CO2 reported as 

received by specific facilities to their advantage in price 

negotiations on future contracts with the CO2 purchasers 

(i.e., the reporting facilities under subparts RR and UU). 

The commenter stated that this risk is amplified because 

there are so few CO2 suppliers in the market.

Response: After reviewing the additional information 

provided by the commenter, the EPA agrees that the quantity 

of CO2 reported as received on site could be sensitive 

information. The EPA proposed that the data elements 

related to the quantity of CO2 received would not be 

entitled to CBI protection because we believed that none of 

the data elements on CO2 received included information on 

CO2 prices or contract terms, and would not allow a 

competitor to deduce the reporter’s operating costs and 

cause competitive harm. After reviewing this comment and 
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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 CO2 received were released to the public. As 

the commenter notes, the information on the quantity of CO2

received per flow meter or per reporting facility is not 

publicly available. If this data were public, knowledge of 

a CO2–ER purchaser’s demand for CO2 could give the CO2

suppliers an unfair advantage in price negotiations. In 

addition, a small number of companies supply most of the CO2

to the economy, which further exacerbates the CO2–ER 

purchaser’s competitive disadvantage. The majority of CO2

sold to ER operations in the United States is produced from 

natural CO2 bearing formations. According to Reporting Year 

2010 data from the Greenhouse Gas Reporting Program, two 

companies dominated the CO2 supply market, producing 

approximately 80 percent of the CO2 available for purchase 

from natural CO2 bearing formations.15

In addition to facilities that conduct ER, acid gas 

operations (facilities that separate a CO2 stream during 

natural gas processing and inject it underground) will 

report under subpart UU. The amount of CO2 separated in acid 

gas operations is reported by these facilities under 

 

15 See www.ghgdata.epa.gov.
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subpart PP. These facilities are allowed to report the 

amount of CO2 received under subpart UU by using the amount 

of CO2 reported 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 CO2 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 CO2 received would 

not be competitively sensitive for facilities that have 

received an R&D project exemption from subpart RR. It is 

standard practice that CO2 that is received by non-ER 

facilities for R&D geologic sequestration projects is 

wholly injected underground without a recycled component. 

The quantity of CO2 injected for these projects is readily 

available from public sources and thus the quantity of CO2

 

16 40 CFR 98.474(a)(1)(iii) and (a)(3)(iii)
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version.

received by these projects is widely known.17 The EPA has 

concluded that the disclosure of the amount of CO2 received 

is unlikely to cause competitive harm to facilities with a 

R&D project exemption. Therefore, the EPA is finalizing a 

determination that for the subcategory of subpart UU 

reporters that have received an R&D project exemption from 

subpart RR, the 12 data elements related to CO2 received are 

not eligible for CBI treatment and will not be protected as 

CBI (see Table 7 of this preamble for the list of affected 

data elements).

III. Confidentiality Determinations 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 elements to subparts II and TT. Confidentiality 

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 confidentiality 

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. 
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for any data elements for which we proposed confidentiality 

determinations for these two subparts in the 2012 CBI reproposal. 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-categorized 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 reported 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 are 
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correcting a typographical error in the Subpart W CBI reproposal 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 accurately 

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 competitive 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 Part 

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 proposed 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. We 
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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. 
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In the Technical Corrections final rule, we also renumbered the rule citations 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 extensions 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, 2010
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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 resubmit 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 Order 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 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 is not a “significant regulatory action” under the 

terms of Executive Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to review under 

Executive Orders 12866 and 13563 (76 FR 3821, January 21, 

2011). 
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B. Paperwork Reduction Act

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 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 contained 

in these 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 comment 
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version.

rulemaking requirements under the Administrative Procedure 

Act or any other statute unless the agency certifies that 

the rule will not have a significant economic impact on a 

substantial number of small entities. Small entities 

include small businesses, small organizations, and small 

governmental jurisdictions.

For purposes of assessing the impacts of this 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 district 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 impact 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 regulatory 
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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, has 

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 mandate that may 

result in expenditures of $100 million or more for state, 

local, and tribal governments, in the aggregate, or the 

private sector in any one year. The amendment to subpart I 
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version.

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 and the 

confidentiality determinations are administrative in nature 

and do not increase the costs of compliance for facilities 

to comply with Part 98. Thus, this rule is not subject to 

the requirements of sections 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 governments. The confidentiality determinations for 

data elements that this action finalizes are administrative 

in nature, and this action 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. 

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 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 have federalism implications. It will not 
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version.

have substantial direct effects on the states, on the 

relationship between the national government and the 

states, or on the distribution of power and 

responsibilities among the various levels of government, as 

specified in Executive Order 13132. For a more detailed 

discussion about how Part 98 relates to existing state 

programs, please see Section II of the preamble to the 

final Greenhouse Gas Reporting Rule (74 FR 56266, October 

30, 2009).

This action applies to suppliers of GHGs and 

facilities that directly emit GHGs above threshold levels. 

Relatively few government facilities are affected by this 

action since Part 98 applies only to government entities 

that own a facility that directly emits GHGs above 

threshold levels. This action also does not limit the power 

of states or localities to collect 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 included 
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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 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 regulatory 

actions that concern health or safety risks, such that the 

analysis required under section 5-501 of the Executive 

Order has the potential to influence the regulation. This 

action is not subject to Executive Order 13045 because it 

does not establish an environmental standard intended to 

mitigate health or safety risks.

H. Executive Order 13211: Actions that Significantly Affect 

Energy Supply, Distribution, or Use
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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 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. Voluntary consensus standards are 

technical standards (e.g., materials specifications, test 

methods, sampling procedures, and business practices) that 

are developed or adopted by voluntary consensus standards 

bodies. NTTAA directs the EPA to provide Congress, through 

OMB, explanations when the agency decides not to use 

available and applicable voluntary consensus standards.

This final action, which finalizes confidentiality 

determinations for data elements in the 9 subparts included 
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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 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 LowIncome Populations

Executive Order 12898 (59 FR 7629, February 16, 1994) 

establishes federal executive policy on environmental 

justice. Its main provision directs federal agencies, to 

the greatest extent practicable and permitted by law, to 

make environmental justice part of their mission by 

identifying and addressing, as appropriate, 

disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income 

populations in the United States. 

The EPA has determined that this final rule will not 

have disproportionately high and adverse human health or 

environmental effects on minority or low-income 
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populations. This final rule does not affect the level of 

protection provided to human health or the environment 

because it addresses 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), generally 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 States 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 are 
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effective on [INSERT DATE OF PUBLICATION OF THIS FINAL RULE 

IN THE FEDERAL REGISTER].
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List of Subjects in 40 CFR Part 98

Environmental protection, Administrative practice and 

procedure, Greenhouse gases, Reporting and recordkeeping 

requirements.

Dated: August 2, 2012

Lisa P. Jackson, 

Administrator.
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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 CH4 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) All
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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 Part 98 is amended by 

revising the entries for subpart W to read as follows:

Table A-7 to Subpart A of Part 98--Data Elements that Are Inputs 

to Emission Equations and for Which the Reporting Deadline Is

March 31, 2015

Subpart Rule Citation (40 CFR part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all 

data elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

* * * * * * *

W 98.236(c)(1)(i) All.

W 98.236(c)(1)(ii) All.

W 98.236(c)(1)(iii) All.

W 98.236(c)(2)(i) All.

W 98.236(c)(3)(i) All.

W 98.236(c)(3)(ii) Only Calculation 

Methodology 2.

W 98.236(c)(3)(iii) All.

W 98.236(c)(3)(iv) All.

W 98.236(c)(4)(i)(A) All.
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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” means 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.
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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” means 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]
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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 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.

(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 reasonably 
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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.

* * * * *