73886 Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0147; FRL–9493–9] 

RIN 2060–AQ85 

Mandatory Reporting of Greenhouse 

Gases 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is amending specific 

provisions in the Mandatory Reporting 

of Greenhouse Gases Rule to correct 

certain technical and editorial errors 

that have been identified since 

promulgation and to clarify certain 

provisions that have been the subject of 

questions from reporters. These final 

changes include additional information 

to clarify compliance obligations, 

correct data reporting elements so they 

more closely conform to the information 

used to perform calculations, and make 

other corrections and amendments. In 

addition, these final amendments allow 

a limited, one-time six month extension 

of the 2012 reporting deadline for 

facilities and suppliers that contain one 

or more source categories for which data 

collection began in 2011. 

DATES: Effective Date: The final rule 

amendments are effective on December 

29, 2011. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0147. All 

documents in the docket are listed in 

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

Although listed in the index, some 

information is not publicly available, 

e.g., 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 will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the EPA’s Docket Center, Public 

Reading Room, EPA West Building, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC 20004. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; email address: GHG

ReportingRule@epa.gov. For technical 

information and implementation 

materials, please go to the Greenhouse 

Gas Reporting Program Web site http:// 

www.epa.gov/climatechange/emissions/

ghgrulemaking.html. To submit a 

question, select Rule Help Center, 

followed by Contact Us. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. The Administrator 

determined that this action is subject to 

the provisions of Clean Air Act (CAA) 

section 307(d). See CAA section 

307(d)(1)(V) (the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine’’). 

These are final amendments to existing 

regulations. These amended regulations 

affect owners or operators of certain 

industrial gas suppliers, direct emitters 

of GHGs, and facilities that geologically 

sequester or otherwise inject carbon 

dioxide (CO2) underground. Regulated 

categories and examples of affected 

entities include those listed in Table 1 

of this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

Magnesium Production ............................................................ 331419 Primary refiners of nonferrous metals by electrolytic methods. 

331492 Secondary magnesium processing plants. 

Petroleum and Natural Gas Systems ...................................... 486210 

221210 

Pipeline transportation of natural gas. 

Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

Underground Coal Mines ......................................................... 212113 Underground anthracite coal mining operations. 

212112 Underground bituminous coal mining operations. 

Electronics Manufacturing ....................................................... 334111 

334413 

Microcomputers manufacturing facilities. 

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

334419 LCD unit screens manufacturing facilities. 

334419 MEMS manufacturing facilities. 

Electrical Transmission and Distribution Equipment Use ....... 221121 Electric bulk power transmission and control facilities. 

Electric Equipment Manufacture or Refurbishment ................. 33531 Power transmission and distribution switchgear and specialty 

transformers manufacturing facilities. 

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

Importers and Exporters of Pre-charged Equipment and 

Closed-Cell Foams.

423730 

333415 

Air-conditioning equipment (except room units) merchant 

wholesalers. 

Air conditioning equipment (except motor vehicle) manufacturing. 

423620 Air conditioners, room, merchant wholesalers. 

443111 Household appliance stores. 

326150 Polyurethane foam products manufacturing. 

335313 Circuit breakers, power, manufacturing. 

423610 Circuit breakers merchant wholesalers. 

Industrial Wastewater Treatment ............................................. 322110 

322121 

322122 

Pulp mills. 

Paper mills. 

Newsprint mills 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 


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TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

311421 Fruit and vegetable canning facilities. 

325193 Ethanol manufacturing facilities. 

324110 Petroleum refineries. 

Suppliers of Industrial GHGs ................................................... 325120 Industrial gas production facilities. 

CO2 Enhanced Oil and Gas Recovery Projects ...................... 211 Oil and gas extraction projects using CO2 enhanced oil and 

gas recovery. 

Acid Gas Injection Projects ..................................................... 211111, 211112 Projects that inject acid gas containing CO2 underground. 

Geologic Sequestration of Carbon Dioxide ............................. N/A CO2 geologic sequestration projects. 

Industrial Waste Landfills ......................................................... 562212 

322110 

322121 

Solid waste landfills. 

Pulp mills. 

Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

221320 Sewage treatment facilities. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

lists the types of facilities or suppliers 

that the EPA is now aware could 

potentially be affected by the reporting 

requirements. Other types of facilities 

and suppliers than those listed in the 

table could also be subject to reporting 

requirements. To determine whether 

you are affected by this action, you 

should carefully examine the 

applicability criteria found in 40 CFR 

part 98, subpart A or the relevant 

criteria in the sections related to 

suppliers and direct emitters of GHGs. 

If you have questions regarding the 

applicability of this action to a 

particular facility or supplier, consult 

the person listed in the preceding FOR

FURTHER GENERAL INFORMATION CONTACT

section. 

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 January 30, 2012. 

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 GENERAL

INFORMATION CONTACT section, and the 

Associate 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. 

acf actual cubic feet 

AGR acid gas removal 

ASTM American Society for Testing and 

Materials 

BAMM best available monitoring methods 

CAA Clean Air Act 

CBI confidential business information 

CEMS continuous emissions monitoring 

system 

CFC chlorofluorocarbon 

CFR Code of Federal Regulations 

CH4 methane 

CO2 carbon dioxide 

DOC degradable organic carbon 

EF emission factor 

e-GGRT electronic-GHG Reporting Tool 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

GHG greenhouse gas 

GHGRP Greenhouse Gas Reporting Program 

HCFC hydrochlorofluorocarbon 

kg kilograms 

kg/ft3 kilograms per cubic foot 

mcf methane correction factor 

MMscf million standard cubic feet 

MRV monitoring, reporting and verification 

MSHA Mine Safety and Health 

Administration 

MtCO2e metric tons carbon dioxide 

equivalent 

N2O nitrous oxide 

NAICS North American Industry 

Classification System 

NOAA National Oceanic and Atmospheric 

Administration 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

PFCs perfluorocarbons 

QA/QC quality assurance/quality control 

psia pounds per square inch absolute 

RFA Regulatory Flexibility Act 

SBREFA Small Business Regulatory 

Enforcement Fairness Act 

SF6 sulfur hexafluoride 

U.S. United States 

UMRA Unfunded Mandates Reform Act of 

1995 

Table of Contents 

I. Background 

A. How is this preamble organized? 

B. Background on This Action 

C. Legal Authority 

D. How will these amendments apply to 

2012 reports? 

II. Final Amendments and Responses to 

Public Comments 

A. Subpart A—General Provisions 

B. Subpart W—Petroleum and Natural Gas 

Systems 

C. Subpart FF—Underground Coal Mines 

D. Subpart II—Industrial Wastewater 

Treatment 

E. Subpart OO—Suppliers of Industrial 

Greenhouse Gases 

F. Subpart RR—Geologic Sequestration of 

Carbon Dioxide 

G. Subpart TT—Industrial Waste Landfills 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 


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1Consolidated Appropriations Act, 2008, Public 

Law 110–161, 121 Stat. 1844, 2128. 

2 74 FR 16448 (April 10, 2009) and 74 FR 56260 

(October 30, 2009). Response to Comments 

Documents can be found at http://www.epa.gov/ 

climatechange/emissions/responses.html. 3 76 FR 74392 (August 4, 2011). 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Background 

A. How is this preamble organized? 

The first section of this preamble 

contains the basic background 

information about the origin of these 

rule amendments. This section also 

discusses the EPA’s use of our legal 

authority under the Clean Air Act to 

collect data under the Mandatory 

Reporting of Greenhouse Gases (GHG 

reporting) rule. 

The second section of this preamble 

describes in detail the rule changes that 

are being promulgated to, among other 

things, correct technical errors, provide 

clarification, and address 

implementation issues identified by the 

EPA and others. This section also 

presents a summary and the EPA’s 

response to the major public comments 

submitted on the proposed rule 

amendments, and significant changes, if 

any, made since proposal in response to 

those comments. Responses to 

additional comments received can be 

found in the document, ‘‘Response to 

Comments: 2011 Technical Corrections, 

Clarifying and Other Amendments to 

Certain Provisions of the Mandatory 

Reporting of Greenhouse Gases Rule’’ 

(see EPA–HQ–OAR–2011–0147). 

Finally, the last (third) section of the 

preamble discusses the various statutory 

and executive order requirements 

applicable to this rulemaking. 

B. Background on This Action 

The 2009 final GHG reporting rule 

(2009 final rule) was signed by EPA 

Administrator Lisa Jackson on 

September 22, 2009 and published in 

the Federal Register on October 30, 

2009 (74 FR 56260, October 30, 2009). 

The 2009 final rule, which became 

effective on December 29, 2009, 

includes reporting of GHGs from various 

facilities and suppliers, consistent with 

the 2008 Consolidated Appropriations 

Act.1 Subsequent notices were 

published in 2010 promulgating the 

requirements for subparts FF, II, and TT 

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

(75 FR 74774, December 1, 2010) and 

subpart RR (75 FR 75060, December 1, 

2010). Subpart OO, which was 

promulgated as part of the 2009 final 

rule was also revised in 2010 (75 FR 

79092, December 17, 2010). The source 

categories in 40 CFR part 98 (Part 98) 

cover approximately 85–90 percent of 

U.S. GHG emissions through reporting 

by direct emitters, as well as suppliers 

of certain products that would result in 

GHG emissions when released, used, or 

oxidized, and those that geologically 

sequester or otherwise inject carbon 

dioxide (CO2) underground. 

The EPA published a notice 

proposing these amendments on August 

4, 2011 (76 FR 47392). The public 

comment period for the proposed rule 

amendments ended on September 19, 

2011. The EPA did not receive any 

requests to hold a public hearing. 

C. Legal Authority 

The EPA is finalizing these rule 

amendments under its existing CAA 

authority, specifically authorities 

provided in CAA section 114. 

As stated in the preamble to the 2009 

final rule (74 FR 56260) and the 

Response to Comments on the Proposed 

Rule, Volume 9, Legal Issues, CAA 

section 114 provides the EPA broad 

authority to require the information to 

be gathered by this rule because such 

data would inform and are relevant to 

the EPA’s carrying out a wide variety of 

CAA provisions. As discussed in the 

preamble to the initial proposed rule (74 

FR 16448, April 10, 2009), CAA section 

114(a)(1) authorizes the Administrator 

to require emissions sources, persons 

subject to the CAA, manufacturers of 

control or process equipment, or 

persons 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. For further 

information about the EPA’s legal 

authority, see the preambles to the 2009 

proposed and final rules and the EPA’s 

Response to Comments Documents.2

D. How will these amendments apply to 

2012 reports? 

We have determined that it is feasible 

for the sources to implement these 

technical amendments for the 2011 

reporting year because the revisions 

primarily provide additional 

clarification regarding the existing 

regulatory requirements, do not change 

the type of information that must be 

collected, and do not materially affect 

how GHG emissions or quantities are 

calculated. Our rationale for this 

determination is explained in the 

preamble to the proposed rule 

amendments.3 In response to general 

comments submitted on the proposed 

rulemaking, we have again reviewed the 

final amendments and determined that 

they can be implemented, as finalized, 

for the 2011 reporting year. These 

amendments do not require any 

additional monitoring or data collection 

above what was already included in 40 

CFR part 98; therefore, we have 

determined that reporters can use the 

same information that they have been 

collecting under 40 CFR part 98 for each 

subpart to calculate and report GHG 

information for 2011 and submit reports 

in 2012 under the amended subparts. 

Although the EPA has determined 

that these amendments can be effective 

for the calculation of GHG emissions 

and quantities for the 2011 reporting 

year, we do note that the EPA is 

finalizing a limited one-time extension 

of the 2012 reporting deadline to enable 

testing of the electronic-GHG Reporting 

Tool (e-GGRT), which will reflect these 

amendments. For information on these 

final amendments and the response to 

comments on the 2012 deadline, please 

refer to Section II.A.2 of this preamble. 

The EPA did not receive any specific 

comments expressing concern about the 

implementation of the amendments for 

2011 data collection. One commenter 

encouraged the EPA to develop 

guidance documents to clarify the 

changes in the final rule. In addition to 

the summary of the requirements and 

rationale in this preamble, we are also 

updating subpart-specific outreach 

materials on our Web site. Technical 

information and implementation 

materials can be found on the 

Greenhouse Gas Reporting Program Web 

site http://www.epa.gov/climatechange/ 

emissions/ghgrulemaking.html. 

II. Final Amendments and Responses to 

Public Comments 

We are amending various subparts in 

40 CFR part 98 to correct errors in the 

regulatory language that were identified 

following promulgation of subparts A 

and OO on October 30, 2009, subparts 

FF, II, and TT on July 12, 2010, and 

subparts DD and RR on December 1, 

2010. These errors were identified as a 

result of working with reporters to 

implement the various subparts of 40 

CFR part 98. We are also amending 


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certain rule provisions to provide 

greater clarity. The amendments to 40 

CFR part 98 include the following types 

of changes: 

• Changes to correct cross references 

within and between subparts. 

• Additional information to better or 

more fully understand compliance 

obligations in a specific provision, such 

as the reference to a standardized 

method that must be followed. 

• Amendments to certain equations to 

better reflect actual operating 

conditions. 

• Corrections to terms and definitions 

in certain equations. 

• Corrections to data reporting 

requirements so that they more closely 

conform to the information used to 

perform calculations. 

• Other amendments related to 

certain issues identified as a result of 

working with the affected sources 

during rule implementation and 

outreach. 

Additionally, we are promulgating a 

one-time, six-month extension of the 

2012 reporting deadline for facilities 

and suppliers that contain any source 

category for which data collection began 

in 2011. The final amendments 

promulgated by this action reflect the 

EPA’s consideration of the comments 

received on the proposal. The major 

public comments and the EPA’s 

responses for each subpart are provided 

in this preamble. Our responses to 

additional significant public comments 

on the proposal are presented in a 

comment response document available 

in Docket ID No. EPA–HQ–OAR–2011– 

0147. 

A. Subpart A—General Provisions 

1. Summary of Final Amendments and 

Major Changes Since Proposal 

The EPA is promulgating several 

technical clarifications and amendments 

to subpart A to address issues raised by 

reporters and identified by the EPA 

during the early years of 

implementation of the GHG Reporting 

Program (GHGRP), as well as to clarify 

terminology to ensure consistency 

across all subparts. 

Threshold for electrical transmission 

and distribution equipment use. We are 

amending Table A–3 in the General 

Provisions to clarify applicability of the 

rule for Electrical Transmission and 

Distribution Equipment Use (subpart 

DD). Specifically, we are revising the 

Table A–3 entry for subpart DD to 

reference the capacity threshold 

language of 40 CFR 98.301 as follows: 

Electrical transmission and distribution 

use at facilities where the total 

nameplate capacity of SF6 and PFC 

containing equipment exceeds 17,820 

pounds, as determined under 40 CFR 

98.301 (subpart DD). This revision 

clarifies that only those facilities above 

the capacity threshold requirements of 

40 CFR 98.301 must submit an annual 

report. 

Threshold for underground coal 

mines. We are revising the threshold for 

underground coal mines subject to 

subpart FF to include only those that 

have ventilation emissions of 

36,500,000 acf of CH4 or more per year. 

For a full description of this change, 

please refer to the relevant discussion 

under subpart FF of this action. 

Computation of time. The EPA is 

adding a provision to 40 CFR 98.3(b) to 

allow information, including but not 

limited to, the annual GHG report and 

any subsequent re-submissions, the 

certificate of representation, and 

requests to use best available monitoring 

methods, to be submitted to the EPA on 

the next business day in the event that 

a regulatory deadline falls on a weekend 

or a federal holiday. This revision is 

consistent with a similar provision 

under the Acid Rain Program (40 CFR 

72.11) and provides all reasonable 

flexibilities for submitting data in a 

timely manner without compromising 

program integrity. 

2012 reporting deadline. We are 

promulgating a one-time, six month 

extension of the 2012 reporting deadline 

for facilities and suppliers that contain 

one or more source categories for which 

data collection began in 2011 (referred 

to below as the ‘‘new 2011 reporting 

year source categories’’), in order to 

allow sufficient time for development, 

and more importantly stakeholder 

testing, of the electronic-GHG Reporting 

Tool (e-GGRT). The deadline extension 

from March 31, 2012 to September 28, 

2012 applies to any facility that contains 

one or more of the following source 

categories in Table A–3 or Table A–4: 

Electronics Manufacturing (subpart I), 

Fluorinated Gas Production (subpart L), 

Magnesium Production (subpart T), 

Petroleum and Natural Gas Systems 

(subpart W), Use of Electric 

Transmission and Distribution 

Equipment (subpart DD), Underground 

Coal Mines (subpart FF), Industrial 

Wastewater Treatment (subpart II), 

Geologic Sequestration of Carbon 

Dioxide (subpart RR), Manufacture of 

Electric Transmission and Distribution 

(subpart SS), Industrial Waste Landfills 

(subpart TT), and Injection of Carbon 

Dioxide (subpart UU). In addition, the 

extension of the reporting deadline from 

March 31, 2012 to September 28, 2012 

applies to the following source category 

in Table A–5: Imports and Exports of 

Equipment Pre-charged with 

Fluorinated GHGs or Containing 

Fluorinated GHGs in Closed-cell Foams 

(subpart QQ). 

The proposed rule would have 

required these facilities and suppliers to 

report twice, with the reporting 

deadline extended to September 28, 

2012 only for reporting of GHG 

information from the new 2011 

reporting year source categories 

included in Tables A–3, A–4 or A–5 of 

40 CFR part 98. All other GHG 

information (e.g., for General Stationary 

Combustion (subpart C)) would have 

still been required to be reported in 

March 2012. The EPA believed that 

these two separate submission deadlines 

would be appropriate because the 

extension was only necessary to allow 

time for stakeholder testing of e-GGRT 

for the new 2011 reporting year source 

categories. Facilities and suppliers had 

already successfully demonstrated 

submission of information through eGGRT for the source categories required 

to begin data collection in 2010. 

Therefore, we believed it was 

appropriate to limit the extension to the 

reporting of only the new information 

for the 2011 reporting year. 

Based on the comments received on 

the proposed rule, this final rule 

extends the reporting deadline to 

September 28, 2012 for any facility or 

supplier that contains a new 2011 

reporting year source category, and it 

applies to the reporting of GHG 

information from all source categories at 

their facility. The rationale for this 

change since proposal is discussed 

further below in Section II.A.2 of this 

preamble. 

In order for the EPA to identify which 

facilities and suppliers are subject to 

this one-time extension of the 2012 

reporting deadline, we are requiring that 

all reporters that submitted an annual 

GHG report to the EPA for the 2010 

reporting year (i.e., submitted their first 

annual GHG report by September 30, 

2011) notify the EPA through e-GGRT 

by March 31, 2012 that they are not 

required to submit their second annual 

GHG report until September 28, 2012. 

This requirement to notify the EPA by 

March 31, 2012 does not apply to any 

facilities or suppliers that are reporting 

for the first time in 2012. 

Reporting on use of Best Available 

Monitoring Methods (BAMM). We are 

amending 40 CFR 98.3(c)(7) to remove 

the phrase ‘‘according to paragraph (d) 

of this section’’, thereby requiring all 

facilities and suppliers that use BAMM 

during the reporting year to provide a 

brief description of each ‘‘best available 

monitoring method’’ used, the 

parameter measured using the method, 

and the time period during which the 


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‘‘best available monitoring method’’ was 

used, if applicable. Through this 

amendment, we are clarifying that this 

basic information must be reported for 

all subparts, including subparts L 

(Fluorinated Gas Production) and W 

(Petroleum and Natural Gas Systems). 

This does not impact the requirements 

of subpart I (Electronics Manufacturing), 

which already directly included this 

reporting requirement in the data 

reporting requirements of that subpart. 

Definitions. The EPA is revising the 

definition of supplier, as proposed, in 

40 CFR 98.6 so it specifically refers to 

those source categories listed in Table 

A–5 of subpart A of part 98, and is as 

described in the definition of the source 

category in the applicable subparts. We 

are also revising 40 CFR 98.1(a)(1), as 

proposed, to remove the terms ‘‘fossil 

fuel’’ and ‘‘industrial greenhouse gas’’ 

from the designation of ‘‘supplier.’’ 

Submission of reports and other 

information to the EPA. We are 

amending 40 CFR 98.9 to clarify that the 

annual GHG report, the certificate of 

representation, and all other requests, 

notifications, or communications must 

be submitted electronically and in a 

format as specified by the 

Administrator. Any information that can 

be submitted through the electronic 

GHG reporting tool (e-GGRT) must be 

submitted through that tool. For 

example, the EPA is in the process of 

modifying e-GGRT to accept requests for 

use of BAMM. Once completed, 

facilities would be required to use that 

method for submission of BAMM 

requests. The EPA intends to notify 

facilities well in advance of these, and 

any future, deadlines through the Web 

site (http://www.epa.gov/ 

climatechange/emissions/ 

ghgrulemaking.html). 

If the format for any request, 

notification, or communication has not 

been specified by the EPA, then the 

information shall be submitted, by mail, 

to the Director of the Climate Change 

Division at one of the addresses in 40 

CFR 98.9. 

Other technical corrections. We are 

amending 40 CFR 98.2(d) and (e) to 

remove references to paragraphs 40 CFR 

98.2(a)(4)(i) and (a)(4)(ii), respectively. 

The correct references for both 

paragraphs should have been to 40 CFR 

98.2(a)(4). In those same paragraphs we 

are clarifying that the applicability 

determination for importers must be 

assessed separately from the 

applicability determination for 

exporters. In other words, the emissions 

from the quantity of GHGs imported 

must be calculated for comparison to 

the 25,000 metric tons CO2e threshold 

and separately the quantity of GHGs 

exported must be calculated for 

comparison to the 25,000 metric tons 

CO2e. 

We are amending 40 CFR 98.2(i)(3) to 

add a date by which owners and 

operators must notify the EPA that they 

no longer need to submit an annual 

GHG report because their operations 

have changed such that all applicable 

GHG-emitting processes and operations 

cease to operate. Similar to the 

requirements in 40 CFR 98.2(i)(1) and 

(i)(2), we are requiring owners or 

operators to notify the EPA by March 31 

of the year following the reporting year 

in which such conditions have been 

met. 

In 40 CFR 98.3(c)(10) and in the 

definition of United States parent 

company(s) in 40 CFR 98.6, we are 

replacing the term ‘‘reporting entity’’ 

with the term ‘‘facility or supplier’’ for 

consistency across the individual 

subparts of the rule and to clarify that 

the obligation is on the owner or 

operator of any such facility or supplier. 

We are revising the introductory 

paragraph of 40 CFR 98.3(g) to clarify 

that the 3-year requirement for retention 

of records starts from the date of 

submission of the annual GHG report for 

the reporting year in which the record 

was generated. 

In 40 CFR 98.3(c)(5)(ii), we are 

replacing the use of the term 

‘‘emissions’’ with ‘‘quantities’’ when 

referring to the information reported 

under industrial GHG suppliers. This is 

consistent with efforts throughout the 

GHG Reporting Program to clarify that 

information reported for supplier 

categories does not necessarily reflect 

emissions to the atmosphere, but rather 

‘‘quantities’’ that may be released if all 

of the supply were combusted, oxidized, 

or released. 

We are correcting an incorrect cross 

reference in 40 CFR 98.4(m)(4) from 

(m)(2)(iv)(A) to (m)(2)(v)(A). 

Finally, we are clarifying in Table A– 

5 that coverage and the applicability 

determination for importers and 

exporters under subpart MM includes 

suppliers of natural gas liquids in 

addition to suppliers of petroleum 

products. 

2. Summary of Comments and 

Responses 

This section contains a brief summary 

of major comments and responses on 

the proposed amendments to the 

General Provisions. Several significant 

comments were received on this topic. 

Responses to additional comments 

received can be found in the document, 

‘‘Response to Comments: 2011 

Technical Corrections, Clarifying and 

Other Amendments to Certain 

Provisions of the Mandatory Reporting 

of Greenhouse Gases Rule’’ (available in 

Docket ID No. EPA–HQ–OAR–2011– 

0147). 

Comment: Several commenters 

supported the proposed one-time 

extension of the reporting date from 

March 31, 2012 to September 28, 2012 

for reporting of data elements under the 

following source categories: Electronics 

Manufacturing (subpart I), Fluorinated 

Gas Production (subpart L), Magnesium 

Production (subpart T), Petroleum and 

Natural Gas Systems (subpart W), Use of 

Electric Transmission and Distribution 

Equipment (subpart DD), Underground 

Coal Mines (subpart FF), Industrial 

Wastewater Treatment (subpart II), 

Imports and Exports of Equipment Precharged with Fluorinated GHGs or 

Containing Fluorinated GHGs in Closedcell Foams (subpart QQ), Geologic 

Sequestration of Carbon Dioxide 

(subpart RR), Manufacture of Electric 

Transmission and Distribution (subpart 

SS), Industrial Waste Landfills (subpart 

TT), and Injection of Carbon Dioxide 

(subpart UU). Commenters generally 

agreed that the extension would provide 

additional time for the development and 

testing of the e-GGRT system for the 

identified subparts. However, multiple 

commenters expressed concern about 

the proposed requirement that only the 

reporting deadline of the above listed 

subparts was extended and that 

facilities would still be required to 

report GHG information from the nonlisted subparts (e.g., subpart C—General 

Stationary Combustion) by March 31, 

2012. For example, some commenters 

stated that a facility could be required 

to report emissions for subpart C 

equipment on March 31, 2012, but 

would need to provide a second report 

on September 28, 2012 for equipment 

under subpart W. At least one 

commenter questioned how data for 

subparts A and C would be submitted or 

split between reporting deadlines for 

facilities reporting under subpart W. 

Commenters stated that many facilities, 

including oil exploration and 

production companies, already compile 

significant amounts of data, 

calculations, and information for 

reporting. Commenters contended that a 

second reporting deadline would 

introduce additional complexity and 

confusion, duplication of effort, and 

unnecessary burden to the reporting 

process. 

Other commenters expressed concern 

on the capabilities of e-GGRT to 

accommodate multiple submissions. 

Several commenters stated that when 

changing input methods between XML 

upload and manual data entry, the 

current e-GGRT system overwrites any 


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existing data. At least two commenters 

expressed concern that the XML upload 

feature may not be fully tested and 

available in time for the September 

deadline. These commenters reiterated 

that data submitted in September 2012 

must not impact the data submitted in 

March. 

In light of these concerns, several 

commenters requested that, rather than 

reporting under two deadlines in 2012, 

affected facilities or suppliers that have 

to report under any of the listed 

subparts (subparts I, L, T, W, DD, FF, II, 

QQ, RR, SS, TT, and UU) be allowed to 

report GHG information from all 

applicable subparts by the September 

28, 2012 date. 

Response: Although the EPA does not 

agree with all of the arguments raised by 

the commenters, we are persuaded that 

having one reporting deadline for 

facilities and suppliers in 2012 will not 

only reduce burden for the reporters, 

but it also will provide the EPA the 

opportunity for a more robust 

stakeholder testing process of e-GGRT, 

which was the primary purpose of the 

proposed extension in the first place. 

Although many commenters were 

concerned about the ability of e-GGRT 

to handle multiple submissions, the 

EPA believes the process for adding 

these additional subparts to an annual 

GHG report has been well tested during 

the 2011 stakeholder testing process and 

through resubmissions of 2011 annual 

reports. For example, facilities are able 

to add GHG information for a particular 

subpart into e-GGRT and sign, certify, 

and submit the annual GHG report. 

Subsequent to the submission, the 

facility is able to go back into e-GGRT, 

add GHG information for a new subpart, 

and then again sign, certify, and 

resubmit the annual GHG report. 

Commenters were also concerned that 

data could be lost if they were to submit 

information in webforms in March and 

then XML in September (or vice versa). 

While it is true that annual GHG reports 

must be submitted using either 

webforms or XML, and not both, this 

issue is not unique to the extension of 

the proposed reporting deadline. These 

were the same procedures as for the 

2010 reporting year, and facilities and 

suppliers were able to successfully 

complete their submissions in 2011. 

Although we are confident that eGGRT can handle the multiple 

deadlines, we are persuaded that two 

reporting deadlines could be inefficient 

for some facilities, depending on the 

volume and types of data collected 

during 2011, and the format in which 

information used for emissions 

calculations has been retained. This 

could be particularly true for the large 

number of facilities reporting for the 

first time under subpart W (Petroleum 

and Natural Gas Systems). 

In addition to the potential 

inefficiencies experienced by the 

reporters, the EPA recognizes after 

reviewing the comments that the split 

deadline could impact the ability to 

comprehensively test e-GGRT, which 

was the whole point of proposing the 

reporting deadline extension for these 

source categories in the first place. The 

stakeholder testing process during 2011 

was extremely valuable in providing 

input that enabled the EPA to refine eGGRT into a user-friendly tool that 

accurately reflects annual GHG 

information. It also provided reporters 

an opportunity to become familiar with 

the tool, facilitating the reporting 

process, and improving the quality of 

data submitted to the EPA. Allowing 

facilities and suppliers the opportunity 

to fully test e-GGRT, including the interrelationship between the new subparts 

for which data collection began in 2011 

(e.g., subparts I and W) and reporting 

under subpart C, for example, could 

identify new issues that should be 

resolved before the reporting deadline. 

For these reasons, we agree with the 

commenters’ overall comments and are 

finalizing an extension of the reporting 

deadline to September 28, 2012 for any 

facility or supplier that will also include 

in their annual GHG report for 2012 a 

source category for which data 

collection began in 2011. 

In practice, for example, the one-time 

extension of the 2012 reporting deadline 

means that a petroleum refinery that has 

an industrial landfill onsite will not 

submit their annual GHG report for 2012 

until September 28, 2012. A petroleum 

refinery that does not contain any of 

these new subparts is still required to 

report by March 31, 2012. In order to 

facilitate EPA verification of the data, 

and to know which facilities were 

required to report in March and which 

facilities do not report until September, 

the EPA is finalizing a requirement that 

all facilities or suppliers that submitted 

their first annual GHG report by 

September 30, 2011, but are not 

required to submit their second annual 

GHG report until September 28, 2012, 

must log in to e-GGRT by March 31, 

2012 and submit a notification through 

e-GGRT that their facility or supplier is 

not required to report until September 

for the 2011 reporting year. 

Comment: Two commenters requested 

a delay in the start of data collection for 

these new subparts from January 1, 2011 

to January 1, 2012, thereby extending 

the reporting deadline by one year to 

March 31, 2013. The commenters 

contended that a six-month extension 

does not provide adequate time for 

complex facilities or small businesses to 

comply with the reporting requirements. 

Response: The EPA did not propose to 

extend the applicability of 40 CFR part 

98 in the proposed rule, nor does the 

EPA find such an extension needed, 

therefore the EPA disagrees with the 

comment to postpone the beginning of 

data collection from January 1, 2011 to 

January 1, 2012, and subsequently 

extend the reporting deadline by one 

year to March 31, 2013. Facilities with 

source categories for which data 

collection began in 2011 had the 

opportunity to request use of Best 

Available Monitoring Methods (BAMM) 

during part or all of 2011, if they could 

demonstrate that it would not be 

reasonably feasible to acquire, install, 

and operate a required piece of 

monitoring equipment by January 1, 

2011. Requests to use BAMM could be 

used as a bridge to provide the facility 

sufficient time to come into full 

compliance with the rule. 

Further, since finalization of the rule 

requirements for these subparts, the 

EPA has conducted significant 

stakeholder outreach to convey rule 

requirements and address questions 

from industry about the implementation 

of those requirements. In addition to the 

Frequently Asked Questions that are 

posted on our Web site, the technical 

corrections, clarifications, and other 

amendments finalized in this 

rulemaking are in response to those 

specific questions. Therefore, we 

disagree with the commenter and have 

not extended the reporting deadline to 

March 31, 2013 for these source 

categories. 

Comment: At least one commenter 

stated that the proposed changes to 40 

CFR 98.9 create confusion for subparts 

LL and MM. The commenter stated that 

facilities subject to subparts LL and MM 

must submit reports using the DCFuels 

program in place of e-GGRT. 

Additionally, the DCFuels program 

allows for mailing of documents. The 

commenter requested that the use of 

DCFuels be reflected in 40 CFR 98.9. 

Response: The EPA agrees with the 

commenter that the proposed 

amendments seemed to apply only to 

those facilities and suppliers that 

reported their emissions through eGGRT. The purpose of these proposed 

amendments was to be clear that all 

submissions, notifications and 

communications must be submitted in a 

format as specified by the 

Administrator. It is only where the EPA 

has not specified a format for a specific 

submission either required by the EPA 

or, more likely, initiated by the reporter, 

that the reporter must submit the 


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information to the mailing address in 40 

CFR 98.9. The EPA clarified the rule 

accordingly. We decided not to mention 

the specific reporting tools in the 

regulatory text itself for the 

straightforward reason that names could 

change over time. It was not necessary 

to include specific names of the 

reporting tools/options, when the real 

clarification we were making in the 

proposal was to clarify what type of 

information must be sent to the mailing 

address. 

Comment: At least one commenter 

stated that the proposed clarification to 

40 CFR 98.3(g) for retention of records, 

which states that records must be 

retained for least 3 years from the date 

of submission of the annual GHG report, 

would create multiple record retention 

periods for companies with multiple 

reporting facilities where reporting 

submittals are staggered. The 

commenter stated that these multiple 

retention periods could complicate 

internal reviews and audits. The 

commenter requested a consistent 

starting date for all applicable 

monitoring, recordkeeping, and 

reporting records. 

Response: The amendments to 40 CFR 

98.3(g) are intended to reduce multiple 

retention periods and are consistent 

with the Acid Rain Program, which 

reflects the common practice to retain 

all of the records for a single reporting 

year in a readily retrievable format, 

regardless if the record was generated 

on January 1st or December 31st of that 

reporting year. Companies with 

multiple reporting facilities that may 

stagger submission of annual data prior 

to the reporting date are encouraged to 

coordinate with the individual reporting 

facilities to submit data on the same day 

if they do not want to track different 

dates for different facilities. Further, we 

determined that a single date against 

which the three-year clock is initiated is 

not appropriate because some facilities 

may identify, or be notified by the EPA 

of, substantive errors in reporting. In the 

event of a resubmission of an annual 

GHG report, the three-year 

recordkeeping retention time would 

start from the date of the resubmission. 

This is necessary to ensure that records 

are maintained for a sufficient period of 

time so that a history of compliance can 

be demonstrated and questions about 

submitted emissions estimates can be 

resolved, if needed. 

B. Subpart W—Petroleum and Natural 

Gas Systems 

At this time, the EPA is not finalizing 

the proposed technical corrections, 

clarifying, and other amendments for 

the petroleum and natural gas sector 

under 40 CFR part 98, subpart W. On 

September 9, 2011, the EPA issued 

proposed revisions to 40 CFR part 98, 

subpart W (76 FR 56010). The proposed 

revisions, identified as a result of 

working with trade associations and 

reporters in implementing the rule, 

would provide further clarification on 

existing requirements, increase 

flexibility for certain calculation 

methods, amend data reporting 

requirements, clarify terms and 

definitions, and correct technical and 

editorial errors. 

In order to allow for additional 

analysis and consideration of comments 

on the September 9, 2011 proposal that 

might affect the technical corrections to 

subpart W proposed on August 4, 2011, 

the EPA has decided not to finalize 

these amendments at this time. The EPA 

is considering the comments submitted 

for the technical corrections, clarifying, 

and other amendments regarding 

subpart W proposed on August 4, 2011, 

and we will address those comments as 

we address the comments on the 

revisions to 40 CFR part 98, subpart W 

proposed on September 9, 2011 (76 FR 

56010). 

C. Subpart FF—Underground Coal 

Mines 

1. Summary of Final Amendments and 

Major Changes Since Proposal 

We are promulgating several technical 

clarifications and amendments to 

subpart FF to address questions raised 

during the first year of promulgation of 

the rule, as well as clarifications to 

specified provisions in the rule. 

Final changes to subpart A (related to 

subpart FF). We revised the threshold 

for underground coal mines to include 

only those that have ventilation 

emissions of 36,500,000 acf of CH4 or 

more per year. The previous threshold 

would have required reporting from all 

underground coal mines that are subject 

to quarterly or more frequent sampling 

by MSHA of ventilation systems, 

regardless of size. The finalized 

threshold of ventilation emissions of 

36,500,000 acf of CH4 or more per year 

(equivalent to an average of 100,000 acf 

of CH4 or more per day) is more easily 

identifiable for the coal industry, is 

consistent with our original intent in 

terms of coverage, and removes 

reporting requirements for 

approximately 500 mines. 

Equations FF–1 and FF–3. We are 

finalizing the amendments, as proposed, 

to provide clarification for terms in 

Equations FF–1 and FF–3. In particular, 

we are clarifying that the variables ‘‘V,’’ 

‘‘MCF,’’ ‘‘C,’’ ‘‘T,’’ and ‘‘P’’ are not 

‘‘daily’’ but ‘‘quarterly’’ rates. We are 

also changing the units of ‘‘V’’ to cfm 

instead of scfm and revising the units 

for ‘‘C’’ to read ‘‘%’’ to allow for the use 

of ‘‘C’’ on a dry basis. 

Sampling for pressure. We have 

finalized the change allowing facilities 

to use the annual average barometric 

pressure from the nearest NOAA 

weather service station as a default to 

measuring ventilation system pressure. 

Sampling for moisture content. We 

have specified, as proposed, that 

moisture content is measured at the 

location of the flow meter at least 

weekly if using CEMS, and at the 

location and time of the grab sample, if 

using grab samples. 

MSHA data. We have clarified the 

reporting requirements for temperature, 

pressure, and moisture content 

measurements when using MSHA data. 

We have clarified, as proposed, that 

moisture content need only be 

determined when the concentration and 

flow measurements are made on a 

different basis (one wet and one dry) 

and that, if needed, the moisture content 

must be measured. We have also 

clarified that temperature must be 

sampled at the same location and within 

7 days of the MSHA samples, and that 

for pressure, facilities must use either a 

measured value or the average annual 

barometric pressure from the nearest 

NOAA weather service station. We have 

simplified use of the MSHA data in 

Equation FF–1 by specifying that the 

MSHA methane flow data is inserted 

into Equation FF–1 in place of the value 

for V and the variables MCF, C/100%, 

and 1440 are removed from the 

equation. This clarification eliminates 

the need to measure moisture when 

using MSHA methane flow data. 

Monitoring equipment. We have 

included, as proposed, the use of 

infrared and flame ionization analyzers 

with the provision that they be 

calibrated annually using measurements 

made by gas chromatography methods. 

Also, as proposed, we have clarified 

several references for consistency with 

the types of monitoring equipment 

required. We replaced references to 

‘‘fuel flow meters’’ with ‘‘flow meters,’’ 

because the gas that is measured may or 

may not be used as a fuel. We have also 

deleted references to ‘‘heating value 

monitors,’’ and ‘‘sour gas flow meters’’ 

because these monitors and meters are 

not required. 

One change was made in response to 

public comment. We have changed the 

requirements for temperature 

measurements when using MSHA data 

for ventilation systems. See summary of 

comments and responses in Section 

II.C.2 of this preamble. 


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2. Summary of Comments and 

Responses 

This section contains a brief summary 

of major comments and responses. Two 

comments were received on this topic. 

Responses to additional significant 

comments received can be found in the 

document, ‘‘Response to Comments: 

2011 Technical Corrections, Clarifying 

and Other Amendments to Certain 

Provisions of the Mandatory Reporting 

of Greenhouse Gases Rule’’ (see EPA– 

HQ–OAR–2011–0147). 

Comment: One commenter expressed 

support for the proposed threshold 

revision. The commenter expressed 

concern that the EPA’s reporting 

threshold finalized in 2010 (see 75 FR 

39736, July 12, 2010) requiring all 

underground coal mines, regardless of 

size, that are subject to quarterly or 

more frequent sampling by the Mining 

Safety and Health Administration 

(‘‘MSHA’’) of ventilation systems to 

report GHG emissions would have 

resulted in a tremendous amount of 

paperwork and financial burden on 

these regulated entities. Moreover, the 

commenter asserted that the threshold 

would have done little to further the 

agency’s environmental policy 

objectives. 

Response: The EPA agrees with the 

comment and has finalized the 

threshold revision, as proposed. For the 

EPA’s rationale for the clarification in 

the threshold, see the preamble for the 

proposed rule (76 FR 47400, September 

9, 2011). 

Comment: Two commenters disagreed 

with the proposed requirement that 

facilities collect temperature data at the 

same time and location as the MSHA 

samples of volume and concentration of 

methane. They stated that the EPA 

should also allow mines to establish 

temperature data either through 

readings at a central location in the 

mine, or potentially through an average 

annual temperature from the same 

NOAA weather station. They argued 

that such a revision would reduce an 

unnecessary reporting burden. 

Response: We agree with the 

commenters that the temperature 

reading does not need to take place at 

the same time as the measurements for 

volume and concentration of methane. 

Ventilation air temperatures at a given 

location do not change very suddenly, 

and the temperature could be taken at 

another time. We disagree with the 

comment that the EPA should allow 

temperature to be taken at a centralized 

location at the mine or at a weather 

station. The temperature of the 

ventilation air exiting the mine will not 

be the same as a local weather station 

temperature. The ventilation air 

temperature is dominated by ground 

temperatures, which do not vary hourly 

like the weather station temperature. 

Ventilation air temperature will often 

vary by mine shaft, as some shafts are 

deeper than others and some drain more 

area than others. Due to this variability, 

the final rule requires temperature to be 

taken at the same location as the MSHA 

measurements, as proposed. However, 

the final rule does not require that the 

temperature readings be taken at the 

same time as the MSHA samples, but 

rather allows these temperature readings 

to be taken within 7 days of the MSHA 

measurements for volume and 

concentration of methane. 

D. Subpart II—Industrial Wastewater 

Treatment 

1. Summary of Final Amendments and 

Major Changes Since Proposal 

We are promulgating clarifying 

amendments and technical corrections 

to subpart II to address questions the 

EPA has received about the rule’s 

requirements, as well as to clarify 

terminology. 

GHGs to report. We are amending 40 

CFR 98.352(d) to replace the term 

‘‘landfill gas’’ with ‘‘biogas’’ to correct 

an administrative error. 

Calculating GHG emissions. We are 

amending the definitions of the terms 

for ‘‘Tm’’ and ‘‘Pm’’ in Equation II–4 to 

refer to ‘‘average temperature’’ and 

‘‘average pressure’’ to clarify how 

reporters should use the multiple 

temperature and pressure measurements 

that they may make during a 

measurement period. We are also 

amending these definitions to clarify 

how the calculation should be adjusted 

if the flow rate meter automatically 

corrects for temperature and pressure. 

We are amending 40 CFR 

98.353(c)(2)(ii), 98.353(c)(2)(iii)(A) and 

(B), and 40 CFR 98.354(c) and (d) to 

replace ‘‘once each calendar week, with 

at least three days between 

measurements’’ with ‘‘at least once each 

calendar week; if only one measurement 

is made each calendar week, there must 

be at least three days between 

measurements,’’ to clarify what is meant 

by weekly sampling. 

We are amending Equation II–6 of 40 

CFR 98.353 to correct an error in the 

placement of brackets and parentheses. 

This amendment eliminates the 

possibility that the equation will return 

incorrect quantities of methane 

emissions. 

We are amending 40 CFR 98.353(c) to 

reorder the text to clarify that 

continuous gas flow monitoring is 

required for each anaerobic sludge 

digester, anaerobic reactor, or anaerobic 

lagoon from which some biogas is 

recovered; and to clarify that the 

continuous gas flow measurements must 

be used to determine cumulative gas 

production each week. We are also 

amending 40 CFR 98.353(c)(1) to replace 

the term ‘‘content’’ with the term 

‘‘quantity’’ to clarify that fully 

integrated systems report CH4 quantity 

which accounts for both CH4

concentration and biogas flow. 

Monitoring and QA/QC requirements. 

We are amending 40 CFR 98.354(f) by 

dividing it into subparagraphs and by 

deleting an incorrect cross reference, to 

clarify the monitoring requirements for 

anaerobic sludge digester, anaerobic 

reactor, or anaerobic lagoon from which 

some biogas is recovered. 

Data reporting requirements. We are 

amending 40 CFR 98.356(a) by replacing 

the term ’’explain’’ with ‘‘indicate’’ to 

provide guidance to reporters about the 

information they should include in the 

description or diagram of their 

wastewater treatment system. We are 

also replacing the term ‘‘all anaerobic 

lagoons’’ with ‘‘each anaerobic lagoon’’ 

to clarify that reporters should provide 

the average depth of each lagoon, not 

the average of all lagoons. 

We are amending 40 CFR 98.356 (b)(3) 

and (4) to clarify that the values for ‘‘B0’’ 

and ‘‘MCF’’ that are used as inputs to 

Equation II–1 or II–2, are to be taken 

from Table II–1. We are also amending 

40 CFR 98.356(d)(2) by replacing the 

text ‘‘Cumulative volumetric biogas flow 

for each week’’ with ‘‘Total weekly 

volumetric biogas flow for each week 

(up to 52 weeks/year)’’ to clarify that 

reporters should provide the total gas 

recovered for the week, for up to 52 

weeks per year. 

We are amending subpart II, 

Industrial Wastewater Treatment (40 

CFR 98.350 through 40 CFR 98.358), in 

multiple places, replacing the term 

‘‘anaerobic digester’’ with ‘‘anaerobic 

sludge digester’’ to clarify that the text 

refers to the anaerobic process defined 

in 40 CFR 98.350(b)(2); and to replace 

the term ‘‘gas’’ with ‘‘biogas’’ to clarify 

the gas referred to is the biogas defined 

in 40 CFR 98.358. 

2. Summary of Comments and 

Responses 

The EPA did not receive any 

comments on the proposed amendments 

to subpart II and is finalizing the 

amendments to this subpart as 

proposed. 


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E. Subpart OO—Suppliers of Industrial 

Greenhouse Gases 

1. Summary of Final Amendments and 

Major Changes Since Proposal 

As proposed, we are amending 

subpart OO to require that the data 

currently reported under 40 CFR 

98.416(a)(8) and (9) be kept as a record 

rather than reported. We are making a 

corresponding revision to 40 CFR 

98.416(a)(10). 

With these changes, fluorinated GHG 

and nitrous oxide production facilities 

will be required to keep dated records 

of the total mass in metric tons of each 

reactant fed into the F–GHG or nitrous 

oxide production process, by process, 

and the total mass in metric tons of the 

reactants, by-products, and other wastes 

permanently removed from the F–GHG 

or nitrous oxide production process, by 

process. They will not be required to 

report these quantities. Under the 

revised 40 CFR 98.416(a)(10), they will 

be required to report the mass in metric 

tons of any fluorinated GHG or nitrous 

oxide fed into the transformation 

process, by process. 

2. Summary of Comments and 

Responses 

Comment: The EPA received three 

comments from two commenters on the 

proposed changes to the subpart OO 

reporting and recordkeeping 

requirements. Both commenters agreed 

with the changes, and one commenter 

agreed with the EPA’s rationale. The 

other commenter stated that the change 

would make the data available to EPA 

inspectors if needed, but would protect 

the data from public disclosure that 

would compromise reporters’ global 

competitiveness. This commenter 

requested that the EPA issue a direct 

final rule to make the changes effective 

before the September 30, 2011 reporting 

deadline for 2010 data. 

Response: We did not issue a direct 

final rule to make these changes 

effective before the September 30, 2011 

reporting deadline for 2010 data because 

we concluded that a direct final action 

was not appropriate in this case. The 

data submitted for 2010 under 40 CFR 

98.416(a)(8) and (9) has been classified 

as confidential business information (76 

FR 30782, May 26, 2011) and will be 

afforded protection as CBI. As discussed 

in the proposed rule, the proposed 

changes were based on our conclusion 

that the data elements in 40 CFR 

98.416(a)(8) and (9), by themselves, 

have somewhat limited usefulness for 

verifying production levels. 

F. Subpart RR—Geologic Sequestration 

of Carbon Dioxide 

1. Summary of Final Amendments and 

Major Changes Since Proposal 

We are promulgating clarifying 

amendments and technical corrections 

to subpart RR to correct known errors. 

Accounting for CO2 entrained in 

produced water. We are amending 40 

CFR 98.443(d) to ensure that CO2

entrained in produced water that is not 

processed through a gas-liquid separator 

is accounted for in the mass balance 

equation. Specifically, we are adding a 

new sentence to 40 CFR 98.443(d) to 

account for any CO2 in fluids that are 

produced and not processed through a 

separator. We are also adding a new 

sentence to 40 CFR 98.443(d)(3) to 

clarify that the reporter must include 

additional information regarding the 

measurement methods used to 

determine the concentration of CO2 in 

fluids, and a discussion of how the 

amount of produced CO2 would be 

determined, in the monitoring, 

reporting, and verification (MRV) plan. 

In the MRV plan, the reporter should 

describe the disposition of the produced 

water (reinjected into another zone, 

reused, or otherwise disposed) and 

provide justification for determining 

whether the CO2 entrained in the water 

is sequestered. The MRV plan should 

also describe considerations the reporter 

intends to use to calculate CO2 from 

produced water for the mass balance 

equation. 

CO2 Emissions from Equipment Leaks 

and Vented Emissions of CO2. We are 

amending the term ‘‘CO2 equipment 

leakage and vented CO2 emissions’’ 

throughout subpart RR so that it reads 

‘‘CO2 emissions from equipment leaks 

and vented emissions of CO2.’’ This 

change is to ensure consistency with the 

terminology that is used in 40 CFR part 

98, subpart W and to more accurately 

describe the equipment between flow 

meters and wellheads for which 

monitoring requirements are specified 

in subpart RR. Specifically, we are 

amending the following text: 

• At 40 CFR 98.442(e) and 98.442(f), 

revising the term ‘‘Mass of CO2

equipment leakage and vented CO2

emissions’’ to read ‘‘Mass of CO2

emissions from equipment leaks and 

vented emissions of CO2.’’ 

• In Equations RR–11 and RR–12 at 

40 CFR 98.443, revising the term ‘‘Total 

annual CO2 mass emitted (metric tons) 

as equipment leakage or vented 

emissions’’ to read ‘‘Total annual CO2

mass emitted (metric tons) from 

equipment leaks and vented emissions 

of CO2.’’ 

• At 40 CFR 98.444(d), revising the 

heading ‘‘CO2 equipment leakage and 

vented CO2 emissions’’ to read ‘‘CO2

emissions from equipment leaks and 

vented emissions of CO2.’’ 

• At 40 CFR 98.445(e), revising the 

term ‘‘CO2 equipment leakage or vented 

CO2 emissions to read ‘‘CO2 emissions 

from equipment leaks and vented 

emissions of CO2.’’ 

• At the introductory text of 40 CFR 

98.446(f)(3), revising the term ‘‘CO2

equipment leakage and vented CO2

emissions’’ to read ‘‘CO2 emissions from 

equipment leaks and vented emissions 

of CO2.’’ 

• At 40 CFR 98.446(f)(3)(i) and 

98.446(f)(3)(ii), revising the term ‘‘mass 

of CO2 emitted (in metric tons) annually 

as equipment leakage or vented 

emissions’’ to read ‘‘mass of CO2

emitted (in metric tons) annually from 

equipment leaks and vented emissions 

of CO2.’’ 

• At 40 CFR 98.447(a)(5) and 

98.447(a)(6), revising the term ‘‘CO2

emitted as equipment leakage or vented 

emissions’’ to read ‘‘CO2 emitted from 

equipment leaks and vented emissions 

of CO2.’’ 

• At 40 CFR 98.448(a)(5), revising the 

term ‘‘considerations for calculating 

equipment leakage and vented 

emissions’’ to read ‘‘considerations for 

calculating CO2 emissions from 

equipment leaks and vented emissions 

of CO2.’’ 

Other technical corrections. We are 

amending an incorrect cross reference in 

the introductory language of 40 CFR 

98.446(a)(2) and 40 CFR 98.446(a)(3). 

We are also amending an incorrect cross 

reference at 40 CFR 98.446(f)(1)(vii). We 

are also amending the heading of 40 

CFR 98.448(e) to correct an 

administrative error. 

We are amending the data reporting 

element at 40 CFR 98.446(e) and the 

introductory text at 40 CFR 98.446(f) to 

provide clarity on when reporters report 

total amount sequestered. The amended 

data reporting element at 40 98.446(e) 

reads as follows: ‘‘Report the date that 

you began collecting data for calculating 

total amount sequestered according to 

40 CFR 98.448(a)(7) of this subpart’’. 

The amended introductory text at 40 

CFR 98.446(f) reads as follows: ‘‘Report 

the following. If the date specified in 

paragraph (e) of this section is during 

the reporting year for this annual report, 

report the following starting on the date 

specified in paragraph (e) of this 

section.’’ We are amending the 

definition of ‘‘CO2 received’’ at 40 CFR 

98.449 to correct a typographical error 

by adding the word ‘‘means’’ after the 

CO2 received defined term. The 

amended definition reads as follows: 


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‘‘CO2 received means the CO2 stream 

that you receive to be injected for the 

first time into a well on your facility 

that is covered by this subpart. CO2

received includes, but is not limited to, 

a CO2 stream from a production process 

unit inside your facility and a CO2

stream that was injected into a well on 

another facility, removed from a 

discontinued enhanced oil or natural 

gas or other production well, and 

transferred to your facility.’’ 

2. Summary of Comments and 

Responses 

The EPA did not receive any 

comments on the proposed amendments 

to subpart RR and is finalizing the 

amendments to this subpart as 

proposed. 

G. Subpart TT—Industrial Waste 

Landfills 

1. Summary of Final Amendments and 

Major Changes Since Proposal 

We are promulgating clarifying 

amendments and technical corrections 

to subpart TT to address questions the 

EPA has received about the rule’s 

requirements and to correct known 

errors. 

Determining waste-specific DOC 

values for closed Landfills. As proposed, 

we are finalizing amendments to 40 CFR 

98.464 by adding a new paragraph (c) to 

provide methodologies for closed 

landfills or active landfills that have 

stopped accepting certain types of 

wastes to determine the volatile solids 

concentration (for exemption purposes 

under 40 CFR 98.460(c)(2)(xii)) or to 

determine the waste-specific DOC 

values for historically disposed waste 

streams. These new methods allow 

landfills to identify waste streams 

similar to those that had been 

historically placed in the landfill, 

measure the volatile solids 

concentration of these ‘‘similar’’ waste 

streams, and use those measured values 

to assess the applicability of the 

exemption under paragraph 

98.460(c)(2)(xii)) or to determine the 

average DOC value for the historical 

waste streams. The proposed provisions 

also allow use of process knowledge to 

determine the volatile solids 

concentration and, if needed, to 

calculate the corresponding DOC value 

if a similar waste stream cannot be 

identified. 

Equations for determining volatile 

solids and DOC values. As proposed, we 

are deleting Equation TT–7 and 

amending Equation TT–8 to 40 CFR 

98.464 to correct inadvertent errors in 

these equations and we are revising the 

variable ‘‘F’’ in Equation TT–1 and 

providing a new Equation TT–9 in a 

new paragraph (g) in 40 CFR 98.464 to 

correct the measured CH4 concentration 

for zero percent oxygen. 

Provisions for actively aerated 

landfills and other amendments to 

conform with amendments to subpart 

HH. As proposed, we are amending the 

definition of the methane correction 

factor (MCF) to allow landfills with 

active aeration units to use an MCF 

value other than the default value of 1 

and we are adding 40 CFR 98.466(d)(4) 

to require reporting of the MCF value 

and the basis for using an MCF value 

other than the default value of 1. 

As proposed, we are finalizing 

amendments to define the term 

‘‘construction and demolition waste 

landfills’’ as defined in subpart HH and 

to use that term rather than ‘‘dedicated 

construction and demolition waste 

landfills.’’ 

We are also finalizing amendments to 

revise the footnote to Table TT–1 to 

subpart TT of part 98 to clarify that 

leachate recirculation rates can be 

determined from company records or 

engineering estimates and that the 

owner or operator of a landfill that uses 

leachate recirculation may elect to use 

the k value for the wet climate rather 

than calculating the leachate 

recirculation rate. 

Other technical corrections. We are 

finalizing a number of other technical 

corrections for subpart TT, as proposed, 

to correct typographical errors, to 

correct equations, and to provide minor 

clarifications. These corrections are 

summarized below: 

• In 40 CFR 98.460(c)(2)(i), replacing 

‘‘Coal combustion residue (e.g., fly ash)’’ 

with ‘‘Coal combustion or incinerator 

ash (e.g., fly ash).’’ 

• In 40 CFR 98.463(a)(1): 

—Revising the definition of GCH4 to 

delete the word ‘‘rate.’’ 

—Revising the definition of DOCx from 

‘‘degradable organic carbon for year X 

* * *’’ to be ‘‘degradable organic 

carbon for waste disposed in year X 

* * *’’ 

• In 40 CFR 98.463(a)(2): 

—Revising ‘‘January 1, 1980’’ to be 

‘‘January 1, 1960’’ in both places. 

—Replacing the term ‘‘first emissions 

monitoring year’’ with ‘‘first 

emissions reporting year.’’ 

• In 40 CFR 98.463(a)(2)(ii)(C), 

deleting the phrase ‘‘fixed average 

annual bulk waste disposal quantity for 

each year for which historic disposal 

quantity and’’ in the paragraph text and 

adding to the definition of Wx ‘‘This 

annual bulk waste disposal quantity 

applies for all years from ‘‘YrOpen’’ to 

‘‘YrData’’ inclusive.’’ 

• Revising the definition of LFC to 

allow closed landfills that have some 

measurement data to appropriately 

calculate Wx only for years for which 

the closed landfill does not have waste 

disposal data available from company 

records or from Equation TT–3. 

• Revising the definition of YrData in 

Equation TT–4a to allow closed landfills 

that have some measurement data to 

appropriately calculate Wx. 

• Adding Equation TT–4b for use in 

calculating Wx when historical waste 

quantity data are sporadic. 

• In 40 CFR 98.464(b), replacing ‘‘For 

each waste stream for which you choose 

to determine * * *’’ with ‘‘For each 

waste stream placed in the landfill 

during the reporting year for which you 

choose to determine * * *’’ 

• In 40 CFR 98.464(b)(1), replacing 

‘‘Develop and follow a sampling plan to 

collect a representative sample of each 

waste stream for which testing is 

elected’’ with ‘‘Develop and follow a 

sampling plan to collect a representative 

sample (in terms of composition and 

moisture content) of each waste stream 

placed in the landfill for which testing 

is elected.’’ 

• In 40 CFR 98.464(b)(4), adding the 

option to use an alternative test 

procedure published by a consensusbased standards organization to 

determine an appropriate DOC value 

using a 60-day anaerobic biodegradation 

test. We also made conforming edits for 

reporting and recordkeeping 

requirements. 

• In 40 CFR 98.466(b), replacing 

‘‘Report the following waste 

characterization information:’’ with 

‘‘Report the following waste 

characterization and modeling 

information:’’. 

• Moving paragraphs 40 CFR 

98.466(d)(3) and (4) to 98.466(b)(3) and 

(4). 

• In 40 CFR 98.466(b)(2), adding 

‘‘* * * for which Equation TT–1 of this 

subpart is used to calculate modeled 

CH4 generation.’’ 

• In 40 CFR 98.466(c)(3)(ii), replacing 

‘‘The year, the waste disposal quantity 

and production quantity for each year 

Equation TT–2 applies’’ with ‘‘The year, 

the waste disposal quantity and 

production quantity for each year used 

in Equation TT–2 of this subpart to 

calculate the average waste disposal 

factor (WDF).’’ 

• In 40 CFR 98.466(d), adding the 

phase ‘‘and each year thereafter up’’ so 

that the paragraph reads ‘‘For each year 

of landfilling starting with the ‘‘Start 

Year’’ (S) and each year thereafter up to 

the current reporting year, report the 

following information:’’. 


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• Adding a new paragraph 40 CFR 

98.466(d)(1) to read ‘‘The calendar year 

for which following data elements 

apply’’ and renumbering existing 

paragraphs 98.466(d)(1) and (2) to (d)(2) 

and (3) and adding the phrase ‘‘for the 

specified year’’ to ensure the data 

elements are reported with specified 

year in the new paragraph 98.466(d)(1). 

• In 40 CFR 98.468, adding a 

definition of ‘‘design capacity’’ to 

further clarify what is meant by this 

term as it is used in 40 CFR 98.460. 

• In 40 CFR 98.466(f), deleting the 

word ‘‘rate’’ to conform with revised 

definition of term and replace it with 

‘‘(GCH4)’’. 

• In 40 CFR 98.466(f), adding ‘‘(MG)’’ 

after ‘‘methane generation’’ and 

replacing ‘‘Equation TT–5’’ with 

‘‘Equation TT–6’’. 

• In Table TT–1, amending the 

default value of construction and 

demolition waste from 0.04 to 0.08. 

• In Table TT–1, revising the 

description of the waste type ‘‘Inert 

Waste’’ to read ‘‘Inert Waste [i.e., wastes 

listed in 40 CFR 98.460(c)(2)]’’. 

Major changes since proposal. Major 

changes since proposal are identified in 

the following list. The rationale for 

these and any other significant changes 

can be found in this preamble or the 

document, ‘‘Response to Comments: 

2011 Technical Corrections, Clarifying 

and Other Amendments to Certain 

Provisions of the Mandatory Reporting 

of Greenhouse Gases Rule’’ (see EPA– 

HQ–OAR–2011–0147). 

• Revising the definition YrData to 

allow closed landfills that have some 

measurement data to appropriately 

calculate Wx. 

• Adding Equation TT–4b for use in 

calculating Wx when historical waste 

quantity data are sporadic. 

• In 40 CFR 98.464(b)(4), adding the 

option to use an alternative test 

procedure published by a consensusbased standards organization to 

determine an appropriate DOC value 

using a 60-day anaerobic biodegradation 

test. We also made conforming edits to 

the reporting and recordkeeping 

requirements. 

• In 40 CFR 98.468, adding a 

definition (revised from the proposed 

definition) of ‘‘design capacity’’ to 

further clarify what is meant by this 

term as it is used in 40 CFR 98.460. 

2. Summary of Comments and 

Responses 

This section contains a brief summary 

of major comments and responses. 

Several comments were received on 

subpart TT. Responses to additional 

significant comments received can be 

found in the document, ‘‘Response to 

Comments: 2011 Technical Corrections, 

Clarifying and Other Amendments to 

Certain Provisions of the Mandatory 

Reporting of Greenhouse Gases Rule’’ 

(see EPA–HQ–OAR–2011–0147). 

Comment: We received several 

comments that the parenthetical phrase 

‘‘as received at the landfill’’ to 40 CFR 

98.464(b)(1) does more than clarify that 

closed landfills are not to be sampled, 

it also appears to prevent foundries from 

testing individual waste streams that are 

commingled prior to receipt at the 

landfill. 

Response: It was not our intent to 

prevent the testing of individual waste 

streams. In fact, the definition of waste 

stream clearly indicates that, for 

facilities with an on-site landfill, a 

waste stream is ‘‘the industrial solid 

waste material generated by a specific 

processing unit at the landfill.’’ We 

agree that the term ‘‘as received’’ can be 

misinterpreted. Therefore, we are using 

the term ‘‘placed in the landfill’’ rather 

than ‘‘as received at the landfill’’ and 

adding ‘‘(in terms of composition and 

moisture content)’’ after ‘‘representative 

sample’’ to clarify that the sampling 

must be done for the waste stream as it 

is initially disposed of, which excludes 

sampling of waste in-place at a closed 

landfill. Together with the definition of 

waste stream in 40 CFR 98.468, these 

amendments clearly apply to the 

sampling and evaluation of individual 

waste streams. 

Comment: One commenter noted that 

the revised definition of the term YrData 

in Equation TT–4 does not adequately 

allow the calculation of waste quantities 

when measurement data are available 

for some historical years but when there 

are data gaps before and after these 

years. 

Response: When we developed 

Equation TT–4, we envisioned that 

facilities would generally have data for 

the most recent historical years and 

would only be estimating waste 

quantities for the years prior to when 

data were available. Equation TT–4 is 

not well suited to address the situation 

where waste quantity data are available 

from company records or Equation TT– 

3 for sporadic, non-consecutive years. 

To address this issue, we have re-named 

Equation TT–4 to be Equation TT–4a, 

and limited the use of Equation TT–4a 

to those instances where data are 

available consecutively for the most 

recent disposal years. When data are 

available for sporadic years, we have 

added a separate equation (Equation 

TT–4b) that can be used to estimate the 

missing annual waste quantities. 

Comment: One commenter stated that 

the proposed revisions to the equations 

and terms related to determining 

volatile solids concentration and waste 

stream-specific DOC values can still 

yield incorrect DOC values because 

some substances, such as plastics or 

activated carbon, would have high 

volatile solids concentration but should 

not have significant degradable organic 

carbon content. The commenter 

suggested that alternative anaerobic 

biodegradation tests available from 

consensus-based standards 

organizations be allowed as an 

alternative to the volatile solids-based 

estimation method, noting these types of 

tests were used as the basis of FDOC

value used in Equation TT–8. The 

commenter presented results of a 90-day 

anaerobic biodegradation test to support 

their claim that coke contained in an 

inorganic waste sample would not 

anaerobically degrade. Alternatively, the 

commenter recommended specifically 

listing titanium oxide waste in 40 CFR 

98.460(c)(2). 

Response: We reviewed available 

methods for evaluating the anaerobic 

biodegradability of waste materials. 

While we expect that these methods are 

likely to be more accurate in situations 

like those identified by the commenter, 

a short-duration test may not fully 

determine the amount of carbon that 

could be degraded over decades within 

a landfill. Based on our review of 

various anaerobic biodegradation rate 

tests, we have provided for the use of 

anaerobic biodegradation tests following 

methods developed by consensus-based 

standards organizations. We have 

specified certain test requirements 

(minimum of 60 days; four test samples) 

and quality assurance objectives for 

determining DOC values based on these 

anaerobic biodegradation tests. 

Comment: We received several 

comments regarding the proposed 

definition of ‘‘design capacity’’. Some 

commenters suggested that, based on 

the definition, unpermitted landfills or 

landfills that do not have a permitted 

capacity limit do not have a ‘‘design 

capacity’’ and are therefore not covered 

by the rule. The commenters requested 

clarification on this issue. Another 

commenter questioned the need to 

determine a site-specific waste density 

and recalculate the design capacity 

annually. 

Response: First, we did not intend to 

limit the applicability of the rule to only 

those landfills that have a permitted 

capacity limit; we merely intended to 

allow facilities that have permitted 

capacities to use their permitted 

capacity rather than the maximum 

volume of waste that could be disposed 

of in the area of the landfill. We have 

revised the definition of design capacity 

so that the first sentence simply reads 


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‘‘Design capacity means the maximum 

amount of solid waste a landfill can 

accept.’’ The second paragraph retains 

the clarification that the design capacity 

can be determined in terms of volume 

or mass in the most recent permit. For 

landfills without a permitted capacity 

limit, the design capacity should be 

determined based on the physical 

limitations, in terms of the total area 

available for waste disposal and 

potential waste depth of the landfill. 

With respect to the need to reevaluate the site-specific waste density 

annually, we agree with the commenter 

that this measurement is required under 

very limited circumstances, namely to 

determine applicability. For most 

landfills, the design capacity will be 

significantly smaller or larger than the 

300,000 metric tons threshold value 

provided in 40 CFR 98.460(a). 

Therefore, only those landfill facilities 

that have design capacities near 300,000 

metric tons would need to re-evaluate 

their design capacities. We also agree 

that the design capacity need only be reevaluated if there is a change in the 

process that can reasonably be expected 

to alter the site-specific waste density. 

Therefore, we have limited the 

requirement to re-determine sitespecific waste density and resultant 

design capacity to those cases where the 

current design capacity is within 10 

percent of the 300,000 metric tons 

threshold value in 40 CFR 98.460(a) and 

there is a process change that can 

reasonably be expected to change the 

site-specific waste density. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. The 

amendments are administrative in 

nature and do not increase the 

recordkeeping and reporting burden 

associated with Part 98. However, the 

Office of Management and Budget 

(OMB) has previously approved the 

information collection request (ICR) for 

subparts A and OO contained in the 

regulations promulgated on October 30, 

2009 (EPA ICR number 2300.03; OMB 

control number 2060–0629), subpart DD 

promulgated on December 1, 2010 (EPA 

ICR number 2373.02; OMB control 

number 2060–0650), subparts FF, II and 

TT promulgated on July 12, 2010 (EPA 

ICR number 2396.01; OMB control 

number 2060–0647), and subpart RR 

promulgated on December 1, 2010 (EPA 

ICR number 2372.02; OMB control 

number 2060–0649) under 40 CFR part 

98 under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. The OMB control numbers 

for the EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. EPA has 

submitted change worksheets for the 

respective ICRs to OMB to reflect the 

clarifications to the reporting 

requirements finalized in this rule. 

Further information on the EPA’s 

assessment on the impact on burden can 

be found in the Technical Corrections 

and Amendments Cost Memo in docket 

number EPA–HQ–OAR–2011–0147. 

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 

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 final rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. This definition of 

small entity is consistent with the 

definition of small entity used for Part 

98. 

After considering the economic 

impacts of these final rule amendments 

on small entities, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. These rule 

amendments will not impose any new 

requirement on small entities that are 

not currently required by the regulation 

of subparts A and OO promulgated on 

October 30, 2009; subparts FF, II, and 

TT promulgated on July 12, 2010; or 

subparts DD or RR, both promulgated on 

December 1, 2010. The amendments to 

40 CFR part 98 are administrative in 

nature and do not increase the costs for 

small entities to comply with Part 98. 

Therefore, this final rule does not have 

a significant economic impact on a 

substantial number of small entities. 

The EPA took several steps to reduce 

the impact of 40 CFR part 98 on small 

entities when developing the final GHG 

reporting rules in 2009 and 2010. For 

example, the EPA determined 

appropriate thresholds that reduced the 

number of small businesses reporting. In 

addition, the EPA conducted several 

meetings with industry associations to 

discuss regulatory options and the 

corresponding burden on industry, such 

as recordkeeping and reporting. Finally, 

the EPA continues to conduct 

significant outreach on the GHG 

reporting program and maintains an 

‘‘open door’’ policy for stakeholders to 

help inform the EPA’s understanding of 

key issues for the industries. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on state, local, and Tribal 

governments and the private sector. 

Federal agencies must also develop a 

plan to provide notice to small 

governments that might be significantly 

or uniquely affected by any regulatory 

requirements. The plan must enable 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant federal 

intergovernmental mandates and must 

inform, educate, and advise small 

governments on compliance with the 

regulatory requirements. 

The final rule amendments do not 

contain a federal mandate that may 

result in expenditures of $100 million or 

more for state, local, and Tribal 

governments, in the aggregate, or the 

private sector in any one year. Thus, the 

final rule amendments are not subject to 

the requirements of section 202 and 205 

of the UMRA. This rule is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. These amendments will 

not impose any new requirements that 

are not currently required for 40 CFR 

part 98, and the rule amendments 

would not unfairly apply to small 

governments. Therefore, this action is 

not subject to the requirements of 

section 203 of the UMRA. 


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E. Executive Order 13132: Federalism 

The final rule amendments to Part 98 

do not have federalism implications. 

They will not have substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132. 

These amendments apply directly to 

facilities that directly emit greenhouses 

gases, facilities that supply certain 

products that would result in GHGs 

when released, combusted or oxidized, 

and facilities that geologically sequester 

or otherwise inject CO2 underground. 

They do not apply to governmental 

entities unless the government entity 

owns a facility that directly emits GHGs 

above threshold levels (such as a 

landfill), so relatively few government 

facilities would be affected. This 

regulation also does not limit the power 

of states or localities to collect GHG data 

and/or regulate GHG emissions. Thus, 

Executive Order 13132 does not apply 

to this action. 

Although section 6 of Executive Order 

13132 does not apply to this action, the 

EPA did consult with state and local 

officials or representatives of state and 

local governments in developing 

subparts A and OO promulgated on 

October 30, 2009; subparts FF, II, and 

TT promulgated on July 12, 2010; and 

subparts DD and RR, both promulgated 

on December 1, 2010. A summary of the 

EPA’s consultations with state and local 

governments is provided in Section 

VIII.E of the preamble to the 2009 final 

rule. 

In the spirit of Executive Order 13132, 

and consistent with the EPA policy to 

promote communications between the 

EPA and state and local governments, 

the EPA specifically solicited comments 

on the proposed action from state and 

local officials. The EPA did not receive 

any comments on the proposed action 

from state and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The final rule amendments do 

not result in any changes to the current 

requirements of 40 CFR part 98. Thus, 

Executive Order 13175 does not apply 

to this action. 

Although Executive Order 13175 does 

not apply to this action, the EPA sought 

opportunities to provide information to 

Tribal governments and representatives 

during the development of the rules for 

subparts A and OO promulgated on 

October 30, 2009; subparts FF, II, and 

TT promulgated on July 12, 2010, and 

subparts and DD and RR, both 

promulgated on December 1, 2010. A 

summary of the EPA’s consultations 

with Tribal officials is provided in 

Sections VIII.D and VIII.F of the 

preamble to the 2009 final rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

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

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

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

to use voluntary consensus standards in 

its regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the agency decides 

not to use available and applicable 

voluntary consensus standards. 

The final rule amendments do not 

involve technical standards. Therefore, 

the EPA did not consider the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income 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 these 

final rule amendments will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment because it is a rule 

addressing information collection and 

reporting procedures. 

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 U.S. 

prior to publication of the rule 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). This rule will be 

effective on December 29, 2011. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Suppliers, Reporting 

and recordkeeping requirements. 

Dated: November 9, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, part 98 of 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. 7401–7671q. 

■ 2. Section 98.1 is amended by revising 

paragraph (a) to read as follows: 


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Subpart A—[Amended] 

§ 98.1 Purpose and scope. 

(a) This part establishes mandatory 

greenhouse gas (GHG) reporting 

requirements for owners and operators 

of certain facilities that directly emit 

GHG as well as for certain suppliers. For 

suppliers, the GHGs reported are the 

quantity that would be emitted from 

combustion or use of the products 

supplied. 

* * * * * 

■ 3. Section 98.2 is amended by: 

■ a. Revising paragraph (d). 

■ b. Revising paragraph (e). 

■ c. Revising paragraph (f) introductory 

text. 

■ d. Revising paragraph (h). 

■ e. Revising paragraph (i)(3). 

§ 98.2 Who must report? 

* * * * * 

(d) To calculate GHG quantities for 

comparison to the 25,000 metric ton 

CO2 per year threshold for importers 

and exporters of coal-to-liquid products 

under paragraph (a)(4) of this section, 

calculate the mass in metric tons per 

year of CO2 that would result from the 

complete combustion or oxidation of the 

quantity of coal-to-liquid products that 

are imported during the reporting year 

and, that are exported during the 

reporting year. Compare the imported 

quantities and the exported quantities 

separately to the 25,000 metric ton CO2

per year threshold. Calculate the 

quantities using the methodology 

specified in subpart LL of this part. 

(e) To calculate GHG quantities for 

comparison to the 25,000 metric ton 

CO2e per year threshold for importers 

and exporters of petroleum products 

under paragraph (a)(4) of this section, 

calculate the mass in metric tons per 

year of CO2 that would result from the 

complete combustion or oxidation of the 

combined volume of petroleum 

products and natural gas liquids that are 

imported during the reporting year and 

that are exported during the reporting 

year. Compare the imported quantities 

and the exported quantities separately 

to the 25,000 metric ton CO2 per year 

threshold. Calculate the quantities using 

the methodology specified in subpart 

MM of this part. 

(f) To calculate GHG quantities for 

comparison to the 25,000 metric ton 

CO2e per year threshold under 

paragraph (a)(4) of this section for 

importers and exporters of industrial 

greenhouse gases and for importers and 

exporters of CO2, the owner or operator 

shall calculate the mass in metric tons 

per year of CO2e imports and exports as 

described in paragraphs (f)(1) through 

(f)(3) of this section. Compare the 

imported quantities and the exported 

quantities separately to the 25,000 

metric ton CO2 per year threshold. 

* * * * * 

(h) An owner or operator of a facility 

or supplier that does not meet the 

applicability requirements of paragraph 

(a) of this section is not subject to this 

rule. Such owner or operator would 

become subject to the rule and reporting 

requirements, if a facility or supplier 

exceeds the applicability requirements 

of paragraph (a) of this section at a later 

time pursuant to § 98.3(b)(3). Thus, the 

owner or operator should reevaluate the 

applicability to this part (including the 

revising of any relevant emissions 

calculations or other calculations) 

whenever there is any change that could 

cause a facility or supplier to meet the 

applicability requirements of paragraph 

(a) of this section. Such changes include 

but are not limited to process 

modifications, increases in operating 

hours, increases in production, changes 

in fuel or raw material use, addition of 

equipment, and facility expansion. 

(i) * * * 

(3) If the operations of a facility or 

supplier are changed such that all 

applicable GHG-emitting processes and 

operations listed in paragraphs (a)(1) 

through (a)(4) of this section cease to 

operate, then the owner or operator is 

exempt from reporting in the years 

following the year in which cessation of 

such operations occurs, provided that 

the owner or operator submits a 

notification to the Administrator that 

announces the cessation of reporting 

and certifies to the closure of all GHGemitting processes and operations no 

later than March 31 of the year 

following such changes. This paragraph 

(i)(3) does not apply to seasonal or other 

temporary cessation of operations. This 

paragraph (i)(3) does not apply to 

facilities with municipal solid waste 

landfills or industrial waste landfills, or 

to underground coal mines. The owner 

or operator must resume reporting for 

any future calendar year during which 

any of the GHG-emitting processes or 

operations resume operation. 

* * * * * 

■ 4. Section 98.3 is amended by: 

■ a. Revising paragraph (b) introductory 

text. 

■ b. Adding paragraph (b)(1). 

■ c. Adding paragraph (b)(4). 

■ d. Revising paragraph (c)(5)(ii). 

■ e. Revising paragraph (c)(7). 

■ f. Revising paragraph (c)(10). 

■ g. Revising paragraph (c)(11). 

■ h. Revising the second sentence of 

paragraph (g) introductory text. 

§ 98.3 What are the general monitoring, 

reporting, recordkeeping and verification 

requirements of this part? 

* * * * * 

(b) Schedule. The annual GHG report 

for reporting year 2010 must be 

submitted no later than September 30, 

2011. The annual report for reporting 

years 2011 and beyond must be 

submitted no later than March 31 of 

each calendar year for GHG emissions in 

the previous calendar year, except as 

provided in paragraph (b)(1) of this 

section. 

(1) For reporting year 2011, facilities 

with one or more of the subparts listed 

in paragraphs (b)(1)(i) through (b)(1)(xi) 

of this section and suppliers listed in 

paragraph (b)(1)(xii) of this section are 

required to submit their annual GHG 

report no later than September 28, 2012. 

Facilities and suppliers that are 

submitting their second annual GHG 

report in 2012 and that are reporting on 

one or more subparts listed in 

paragraphs (b)(1)(i) through (b)(1)(xii) of 

this section must notify EPA by March 

31, 2012 that they are not required to 

submit their annual GHG report until 

September 28, 2012. 

(i) Electronics Manufacturing (subpart 

I). 

(ii) Fluorinated Gas Production 

(subpart L). 

(iii) Magnesium Production (subpart 

T). 

(iv) Petroleum and Natural Gas 

Systems (subpart W). 

(v) Use of Electric Transmission and 

Distribution Equipment (subpart DD). 

(vi) Underground Coal Mines (subpart 

FF). 

(vii) Industrial Wastewater Treatment 

(subpart II). 

(viii) Geologic Sequestration of 

Carbon Dioxide (subpart RR). 

(ix) Manufacture of Electric 

Transmission and Distribution (subpart 

SS). 

(x) Industrial Waste Landfills (subpart 

TT). 

(xi) Injection of Carbon Dioxide 

(subpart UU). 

(xii) Imports and Exports of 

Equipment Pre-charged with 

Fluorinated GHGs or Containing 

Fluorinated GHGs in Closed-cell Foams 

(subpart QQ). 

* * * * * 

(4) Unless otherwise stated, if the 

final day of any time period falls on a 

weekend or a federal holiday, the time 

period shall be extended to the next 

business day. 

(c) * * * 

(5) * * * 

(ii) Quantity of each GHG from each 

applicable supply category in Table A– 

5 to this subpart, expressed in metric 


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tons of each GHG. For fluorinated GHG, 

report quantities of all fluorinated GHG, 

including those not listed in Table A– 

1 to this subpart. 

* * * * * 

(7) A brief description of each ‘‘best 

available monitoring method’’ used, the 

parameter measured using the method, 

and the time period during which the 

‘‘best available monitoring method’’ was 

used, if applicable. 

* * * * * 

(10) NAICS code(s) that apply to the 

facility or supplier. 

(i) Primary NAICS code. Report the 

NAICS code that most accurately 

describes the facility or supplier’s 

primary product/activity/service. The 

primary product/activity/service is the 

principal source of revenue for the 

facility or supplier. A facility or 

supplier that has two distinct products/ 

activities/services providing comparable 

revenue may report a second primary 

NAICS code. 

(ii) Additional NAICS code(s). Report 

all additional NAICS codes that describe 

all product(s)/activity(s)/service(s) at the 

facility or supplier that are not related 

to the principal source of revenue. 

(11) Legal name(s) and physical 

address(es) of the highest-level United 

States parent company(s) of the owners 

(or operators) of the facility or supplier 

and the percentage of ownership 

interest for each listed parent company 

as of December 31 of the year for which 

data are being reported according to the 

following instructions: 

(i) If the facility or supplier is entirely 

owned by a single United States 

company that is not owned by another 

company, provide that company’s legal 

name and physical address as the 

United States parent company and 

report 100 percent ownership. 

(ii) If the facility or supplier is 

entirely owned by a single United States 

company that is, itself, owned by 

another company (e.g., it is a division or 

subsidiary of a higher-level company), 

provide the legal name and physical 

address of the highest-level company in 

the ownership hierarchy as the United 

States parent company and report 100 

percent ownership. 

(iii) If the facility or supplier is owned 

by more than one United States 

company (e.g., company A owns 40 

percent, company B owns 35 percent, 

and company C owns 25 percent), 

provide the legal names and physical 

addresses of all the highest-level 

companies with an ownership interest 

as the United States parent companies, 

and report the percent ownership of 

each company. 

(iv) If the facility or supplier is owned 

by a joint venture or a cooperative, the 

joint venture or cooperative is its own 

United States parent company. Provide 

the legal name and physical address of 

the joint venture or cooperative as the 

United States parent company, and 

report 100 percent ownership by the 

joint venture or cooperative. 

(v) If the facility or supplier is entirely 

owned by a foreign company, provide 

the legal name and physical address of 

the foreign company’s highest-level 

company based in the United States as 

the United States parent company, and 

report 100 percent ownership. 

(vi) If the facility or supplier is 

partially owned by a foreign company 

and partially owned by one or more U.S. 

companies, provide the legal name and 

physical address of the foreign 

company’s highest-level company based 

in the United States, along with the 

legal names and physical addresses of 

the other U.S. parent companies, and 

report the percent ownership of each of 

these companies. 

(vii) If the facility or supplier is a 

federally owned facility, report ‘‘U.S. 

Government’’ and do not report physical 

address or percent ownership. 

* * * * * 

(g) Recordkeeping. * * * Retain all 

required records for at least 3 years from 

the date of submission of the annual 

GHG report for the reporting year in 

which the record was generated. * * * 

* * * * * 

■ 5. Section 98.4 is amended by revising 

paragraph (m)(4) to read as follows: 

§ 98.4 Authorization and responsibilities of 

the designated representative. 

* * * * * 

(m) * * * 

(4) Any electronic submission covered 

by the certification in paragraph 

(m)(2)(v)(A) of this section and made in 

accordance with a notice of delegation 

effective under paragraph (m)(3) of this 

section shall be deemed to be an 

electronic submission certified, signed, 

and submitted by the designated 

representative or alternate designated 

representative submitting such notice of 

delegation. 

■ 6. Section 98.6 is amended by revising 

the definitions of ‘‘Supplier’’ and 

‘‘United States parent company(s)’’ to 

read as follows: 

§ 98.6 Definitions. 

* * * * * 

Supplier means a producer, importer, 

or exporter in any supply category 

included in Table A–5 to this subpart, 

as defined by the corresponding subpart 

of this part. 

* * * * * 

United States parent company(s) 

means the highest-level United States 

company(s) with an ownership interest 

in the facility or supplier as of 

December 31 of the year for which data 

are being reported. 

* * * * * 

■ 7. Section 98.9 introductory text is 

revised to read as follows: 

§ 98.9 Addresses. 

All requests, notifications, and 

communications to the Administrator 

pursuant to this part must be submitted 

electronically and in a format as 

specified by the Administrator. For 

example, any requests, notifications and 

communications that can be submitted 

through the electronic GHG reporting 

tool, must be submitted through that 

tool. If not specified, requests, 

notifications or communications shall 

be submitted to the following address: 

* * * * * 

■ 8. Table A–3 to subpart A is amended 

by revising the entry for ‘‘Electrical 

transmission and distribution 

equipment use’’ and ‘‘Underground coal 

mines’’ to read as follows: 

TABLE A–3 TO SUBPART A OF PART 98—SOURCE CATEGORY LIST FOR § 98.2(a)(1) 

Source Categories a Applicable in 2010 and Future Years 

* * * * * * * 

Additional Source Categories a Applicable in 2011 and Future Years 

Electrical transmission and distribution equipment use at facilities where the total nameplate capacity of SF6 and PFC containing equipment exceeds 17,820 pounds, as determined under § 98.301 (subpart DD). 

Underground coal mines liberating 36,500,000 actual cubic feet of CH4 or more per year (subpart FF). 

* * * * * * * 

aSource categories are defined in each applicable subpart. 


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■ 9. Table A–5 to subpart A is amended 

by revising the entries for ‘‘Petroleum 

product suppliers (subpart MM)’’ to 

read as follows: 

TABLE A–5 TO SUBPART A OF PART 98 —SUPPLIER CATEGORY LIST FOR § 98.2(a)(4) 

Supplier Categories a Applicable in 2010 and Future Years 

* * * * * * * 

Petroleum product suppliers (subpart MM): 

(A) All petroleum refineries that distill crude oil. 

(B) Importers of an annual quantity of petroleum products and natural gas liquids that is equivalent to 25,000 metric tons CO2e or more. 

(C) Exporters of an annual quantity of petroleum products and natural gas liquids that is equivalent to 25,000 metric tons CO2e or more. 

* * * * * * * 

aSuppliers are defined in each applicable subpart. 

Subpart FF—[Amended] 

■ 10. Section 98.322 is amended by 

revising paragraph (f) to read as follows: 

§ 98.322 GHGs to report. 

* * * * * 

(f) An underground coal mine that is 

subject to this part because emissions 

from source categories described in 

Tables A–3, A–4 or A–5 of subpart A of 

this part, or from stationary combustion 

(subpart C of this part), is not required 

to report emissions under this subpart 

unless the coal mine liberates 

36,500,000 actual cubic feet (acf) or 

more of methane per year from its 

ventilation system. 

■ 11. Section 98.323 is amended by: 

■ a. Revising the definitions of ‘‘V’’, 

‘‘C’’, and ‘‘P’’ in Equation FF–1 of 

paragraph (a). 

■ b. Revising the first sentence of 

paragraph (a)(2). 

■ c. Revising the definitions of ‘‘Vi’’, 

‘‘Ci’’, ‘‘Ti’’, and ‘‘Pi’’ in Equation FF–3 

of paragraph (b) introductory text. 

■ d. Revising the first sentence of 

paragraph (b)(1). 

■ e. Revising paragraph (c) introductory 

text preceding Eq. FF–5. 

The revisions read as follows: 

§ 98.323 Calculating GHG emissions. 

(a) * * * 

V = Volumetric flow rate for the quarter 

(cfm) based on sampling or a flow 

rate meter. If a flow rate meter is 

used and the meter automatically 

corrects for temperature and 

pressure, replace ‘‘520°R/T × P/1 

atm’’ with ‘‘1’’. 

* * * * * 

C = CH4 concentration of ventilation gas 

for the quarter (%). 

* * * * * 

P = Pressure at which flow is measured 

(atm) for the quarter. The annual 

average barometric pressure from 

the nearest NOAA weather service 

station may be used as a default. 

* * * * * 

(2) Values of V, C, T, P, and (fH2O), 

if applicable, must be based on 

measurements taken at least once each 

quarter with no fewer than 6 weeks 

between measurements. * * * 

* * * * * 

(b) * * * 

Vi = Measured volumetric flow rate for 

the days in the week when the 

degasification system is in 

operation at that monitoring point, 

based on sampling or a flow rate 

meter (cfm). If a flow rate meter is 

used and the meter automatically 

corrects for temperature and 

pressure, replace ‘‘520°R/Ti × Pi/1 

atm’’ with ‘‘1’’. 

* * * * * 

Ci = CH4 concentration of gas for the 

days in the week when the 

degasification system is in 

operation at that monitoring point 

(%). 

* * * * * 

Ti = Temperature at which flow is 

measured (°R). 

Pi = Pressure at which flow is measured 

(atm). 

* * * * * 

(1) Values for V, C, T, P, and (fH2O), 

if applicable, must be based on 

measurements taken at least once each 

calendar week with at least 3 days 

between measurements. * * * 

* * * * * 

(c) If gas from degasification system 

wells or ventilation shafts is sold, used 

onsite, or otherwise destroyed 

(including by flaring), you must 

calculate the quarterly CH4 destroyed 

for each destruction device and each 

point of offsite transport to a destruction 

device, using Equation FF–5 of this 

section. You must measure CH4 content 

and flow rate according to the 

provisions in § 98.324, and calculate the 

methane routed to the destruction 

device (CH4) using either Equation FF– 

1 or Equation FF–3 of this section, as 

applicable. 

* * * * * 

■ 12. Section 98.324 is amended by: 

■ a. Revising paragraphs (b)(1) and 

(b)(2). 

■ b. Revising paragraph (c). 

■ c. Revising paragraph (d). 

■ d. Revising paragraph (e) introductory 

text. 

■ e. Revising paragraphs (g) and (h). 

The revisions read as follows: 

§ 98.324 Monitoring and QA/QC 

requirements. 

* * * * * 

(b) * * * 

(1) Collect quarterly or more frequent 

grab samples (with no fewer than 6 

weeks between measurements) for 

methane concentration and make 

quarterly measurements of flow rate, 

temperature, pressure, and moisture 

content, if applicable. The sampling and 

measurements must be made at the 

same locations as Mine Safety and 

Health Administration (MSHA) 

inspection samples are taken, and 

should be taken when the mine is 

operating under normal conditions. You 

must follow MSHA sampling 

procedures as set forth in the MSHA 

Handbook entitled, General Coal Mine 

Inspection Procedures and Inspection 

Tracking System Handbook Number: 

PH–08–V–1, January 1, 2008 

(incorporated by reference, see § 98.7). 

You must record the date of sampling, 

flow, temperature, pressure, and 

moisture measurements, the methane 

concentration (percent), the bottle 

number of samples collected, and the 

location of the measurement or 

collection. 

(2) Obtain results of the quarterly (or 

more frequent) testing performed by 

MSHA for the methane flowrate. At the 

same location and within seven days of 

the MSHA sampling, make 

measurements of temperature and 

pressure using the same procedures 


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specified in paragraph (b)(1) of this 

section. The annual average barometric 

pressure from the nearest National 

Oceanic and Atmospheric 

Administration (NOAA) weather service 

station may be used as a default for 

pressure. If the MSHA data for methane 

flow is provided in the units of actual 

cubic feet of methane per day, the 

methane flow data is inserted into 

Equation FF–1 of this section in place 

of the value for V and the variables 

MCF, C/100%, and 1440 are removed 

from the equation. 

* * * * * 

(c) For CH4 liberated at degasification 

systems, determine whether CH4 will be 

monitored from each well and gob gas 

vent hole, from a centralized monitoring 

point, or from a combination of the two 

options. Operators are allowed 

flexibility for aggregating emissions 

from more than one well or gob gas vent 

hole, as long as emissions from all are 

addressed, and the methodology for 

calculating total emissions is 

documented. Monitor both gas volume 

and methane concentration by one of 

the following two options: 

(1) Monitor emissions through the use 

of one or more continuous emissions 

monitoring systems (CEMS). If operators 

use CEMS as the basis for emissions 

reporting, they must provide 

documentation on the process for using 

data obtained from their CEMS to 

estimate emissions from their mine 

ventilation systems. 

(2) Collect weekly (once each calendar 

week, with at least three days between 

measurements) or more frequent 

samples, for all degasification wells and 

gob gas vent holes. Determine weekly or 

more frequent flow rates, methane 

concentration, temperature, and 

pressure from these degasification wells 

and gob gas vent holes. Methane 

composition should be determined 

either by submitting samples to a lab for 

analysis, or from the use of 

methanometers at the degasification 

well site. Follow the sampling protocols 

for sampling of methane emissions from 

ventilation shafts, as described in 

§ 98.324(b)(1). You must record the date 

of sampling, flow, temperature, 

pressure, and moisture measurements, 

the methane concentration (percent), the 

bottle number of samples collected, and 

the location of the measurement or 

collection. 

(3) If the CH4 concentration is 

determined on a dry basis and flow is 

determined on a wet basis or CH4

concentration is determined on a wet 

basis and flow is determined on a dry 

basis, and the flow meter does not 

automatically correct for moisture 

content, determine the moisture content 

in the gas in a location near or 

representative of the location of: 

(i) The gas flow meter at least once 

each calendar week; if measuring with 

CEMS. If only one measurement is made 

each calendar week, there must be at 

least three days between measurements; 

and 

(ii) The grab sample, if using grab 

samples, at the time of the sample. 

(d) Monitoring must adhere to one of 

the methods specified in paragraphs 

(d)(1) through (d)(2) of this section. 

(1) ASTM D1945–03, Standard Test 

Method for Analysis of Natural Gas by 

Gas Chromatography; ASTM D1946–90 

(Reapproved 2006), Standard Practice 

for Analysis of Reformed Gas by Gas 

Chromatography; ASTM D4891–89 

(Reapproved 2006), Standard Test 

Method for Heating Value of Gases in 

Natural Gas Range by Stoichiometric 

Combustion; or ASTM UOP539–97 

Refinery Gas Analysis by Gas 

Chromatography (incorporated by 

reference, see § 98.7). 

(2) As an alternative to the gas 

chromatography methods provided in 

paragraph (d)(1) of this section, you may 

use gaseous organic concentration 

analyzers and a correction factor to 

calculate the CH4 concentration 

following the requirements in 

paragraphs (d)(2)(i) through (d)(2)(iii) of 

this section. 

(i) Use Method 25A or 25B at 40 CFR 

part 60, appendix A–7 to determine 

gaseous organic concentration as 

required in § 98.323 and in paragraphs 

(b) and (c) of this section. You must 

calibrate the instrument with CH4 and 

determine the total gaseous organic 

concentration as carbon (or as CH4; K=1 

in Equation 25A–1 of Method 25A at 40 

CFR part 60, appendix A–7). 

(ii) Determine a correction factor that 

will be used with the gaseous organic 

concentrations measured in paragraph 

(i) of this section. The correction factor 

must be determined at the routine 

sampling location no less frequently 

than once a reporting year following the 

requirements in paragraphs (d)(2)(ii)(A) 

through (d)(2)(ii)(C) of this section. 

(A) Take a minimum of three grab 

samples of the gas with a minimum of 

20 minutes between samples and 

determine the methane composition of 

the gas using one of the methods 

specified in paragraph (d)(1) of this 

section. 

(B) As soon as practical after each 

grab sample is collected and prior to the 

collection of a subsequent grab sample, 

determine the gaseous organic 

concentration of the gas using either 

Method 25A or 25B at 40 CFR part 60, 

appendix A–7 as specified in paragraph 

(d)(2)(i) of this section. 

(C) Determine the arithmetic average 

methane concentration and the 

arithmetic average gaseous organic 

concentration of the samples analyzed 

according to paragraphs (d)(2)(ii)(A) and 

(d)(2)(ii)(B) of this section, respectively, 

and calculate the non-methane organic 

carbon correction factor as the ratio of 

the average methane concentration to 

the average total gaseous organic 

concentration. If the ratio exceeds 1, use 

1 for the correction factor. 

(iii) Calculate the CH4 concentration 

as specified in Equation FF–9 of this 

section: 

Where: 

CCH4 = Methane (CH4) concentration in the 

gas (volume %) for use in Equations FF– 

1 and FF–3 of this subpart. 

fNMOC = Correction factor from the most 

recent determination of the correction 

factor as specified in paragraph (d)(2)(ii) 

of this section (unitless). 

CTGOC = Gaseous organic carbon 

concentration measured using Method 

25A or 25B at 40 CFR part 60, appendix 

A–7 during routine monitoring of the gas 

(volume %). 

(e) All flow meters and gas 

composition monitors that are used to 

provide data for the GHG emissions 

calculations shall be calibrated prior to 

the first reporting year, using the 

applicable methods specified in 

paragraphs (d), and (e)(1) through (e)(7) 

of this section. Alternatively, calibration 

procedures specified by the flow meter 

manufacturer may be used. Flow meters 

and gas composition monitors shall be 

recalibrated either at the minimum 

frequency specified by the manufacturer 

or annually. The operator shall operate, 

maintain, and calibrate a gas 

composition monitor capable of 

measuring the concentration of CH4 in 

the gas using one of the methods 

specified in paragraph (d) of this 

section. The operator shall operate, 

maintain, and calibrate the flow meter 

using any of the following test methods 

or follow the procedures specified by 

the flow meter manufacturer. Flow 

meters must meet the accuracy 

requirements in § 98.3(i). 

* * * * * 

(g) All temperature, pressure, and 

moisture content monitors must be 

operated and calibrated using the 

procedures and frequencies specified by 

the manufacturer. 

(h) If applicable, the owner or 

operator shall document the procedures 

used to ensure the accuracy of gas flow 

rate, gas composition, temperature, 

pressure, and moisture content 


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measurements. These procedures 

include, but are not limited to, 

calibration of flow meters, and other 

measurement devices. The estimated 

accuracy of measurements, and the 

technical basis for the estimated 

accuracy shall be recorded. 

■ 13. Section 98.325 is amended by 

revising the first sentence of paragraph 

(b) as to read follows: 

§ 98.325 Procedures for estimating 

missing data. 

* * * * * 

(b) For each missing value of CH4

concentration, flow rate, temperature, 

pressure, and moisture content for 

ventilation and degasification systems, 

the substitute data value shall be the 

arithmetic average of the quality-assured 

values of that parameter immediately 

preceding and immediately following 

the missing data incident. * * * 

■ 14. Section 98.326 is amended by: 

■ a. Revising paragraph (f). 

■ b. Revising paragraph (h). 

■ c. Revising paragraph (j). 

■ d. Revising paragraph (k). 

■ e. Revising paragraph (o). 

The revisions read as follows: 

§ 98.326 Data reporting requirements. 

* * * * * 

(f) Quarterly volumetric flow rate for 

each ventilation monitoring point 

(scfm), date and location of each 

measurement, and method of 

measurement (quarterly sampling or 

continuous monitoring), used in 

Equation FF–1 of this subpart. 

* * * * * 

(h) Weekly volumetric flow rate used 

to calculate CH4 liberated from 

degasification systems (cfm) and 

method of measurement (sampling or 

continuous monitoring), used in 

Equation FF–3 of this subpart. 

* * * * * 

(j) Weekly volumetric flow rate used 

to calculate CH4 destruction for each 

destruction device and each point of 

offsite transport (cfm). 

(k) Weekly CH4 concentration (%) 

used to calculate CH4 flow to each 

destruction device and each point of 

offsite transport (C). 

* * * * * 

(o) Temperatures (°R), pressure (atm), 

and moisture content used in Equation 

FF–1 and FF–3 of this subpart, and the 

gaseous organic concentration 

correction factor, if Equation FF–9 was 

required. 

* * * * * 

Subpart II—[Amended] 

■ 15. Section 98.350 is amended by 

revising the first sentence of paragraph 

(b) introductory text to read as follows: 

§ 98.350 Definition of source category. 

* * * * * 

(b) An anaerobic process is a 

procedure in which organic matter in 

wastewater, wastewater treatment 

sludge, or other material is degraded by 

micro-organisms in the absence of 

oxygen, resulting in the generation of 

CO2 and CH4. * * * 

* * * * * 

■ 16. Section 98.352 is amended by 

revising paragraph (d) to read as 

follows: 

§ 98.352 GHGs to report. 

* * * * * 

(d) You must report under subpart C 

of this part (General Stationary Fuel 

Combustion Sources) the emissions of 

CO2, CH4, and N2O from each stationary 

combustion unit associated with the 

biogas destruction device, if present, by 

following the requirements of subpart C 

of this part. 

■ 17. Section 98.353 is amended by: 

■ a. Revising paragraph (a)(2) 

introductory text. 

■ b. Revising paragraph (c) introductory 

text and paragraph (c)(1) introductory 

text preceding Equation II–4. 

■ c. Revising the definitions of ‘‘Rn’’, 

‘‘Tm’’, and ‘‘Pm’’ in Equation II–4 of 

paragraph (c)(1). 

■ d. Revising paragraph (c)(2). 

■ e. Revising paragraph (d) introductory 

text. 

■ f. Revising the definition of ‘‘Rn’’ in 

Equation II–5 in paragraph (d)(1). 

■ g. Revising paragraph (d)(2) 

introductory text preceding Equation II– 

6. 

■ h. Revising Equation II–6 and revising 

the definition of ‘‘CH4En’’, ‘‘Rn’’, ‘‘DE1’’, 

and ‘‘fDest_1’’ in paragraph (d)(2). 

§ 98.353 Calculating GHG emissions. 

(a) * * * 

(2) If you measure the concentration 

of organic material entering an 

anaerobic reactor or anaerobic lagoon 

using methods for the determination of 

5-day biochemical oxygen demand 

(BOD5), then estimate annual mass of 

CH4 generated using Equation II–2 of 

this section. 

Where: 

CH4Gn = Annual mass of CH4 generated from 

the anaerobic wastewater treatment 

process (metric tons). 

n = Index for processes at the facility, used 

in Equation II–7. 

w = Index for weekly measurement period. 

Floww = Volume of wastewater sent to an 

anaerobic wastewater treatment process 

in week w(m3/week), measured as 

specified in § 98.354(d). 

BOD5,w = Average weekly concentration of 

5-day biochemical oxygen demand of 

wastewater entering an anaerobic 

wastewater treatment process for week 

w(kg/m3), measured as specified in 

§ 98.354(b) and (c). 

B0 = Maximum CH4 producing potential of 

wastewater (kg CH4/kg BOD5), use the 

value 0.6. 

MCF = CH4 conversion factor, based on 

relevant values in Table II–1 to this 

subpart. 

0.001 = Conversion factor from kg to metric 

tons. 

* * * * * 

(c) For each anaerobic sludge digester, 

anaerobic reactor, or anaerobic lagoon 

from which some biogas is recovered, 

estimate the annual mass of CH4

recovered according to the requirements 

in paragraphs (c)(1) and (c)(2) of this 

section. To estimate the annual mass of 

CH4 recovered, you must continuously 

monitor biogas flow rate and determine 

the volume of biogas each week and the 

cumulative volume of biogas each year 

that is collected and routed to a 

destruction device as specified in 

§ 98.354(h). If the gas flow meter is not 

equipped with automatic correction for 

temperature, pressure, or, if necessary, 

moisture content, you must determine 

these parameters as specified in 

paragraph (c)(2)(ii) of this section. 

(1) If you continuously monitor CH4

concentration (and if necessary, 

temperature, pressure, and moisture 

content required as specified in 

§ 98.354(f)) of the biogas that is 

collected and routed to a destruction 

device using a monitoring meter 

specifically for CH4 gas, as specified in 

§ 98.354(g), you must use this 

monitoring system and calculate the 

quantity of CH4 recovered for 

destruction using Equation II–4 of this 

section. A fully integrated system that 

directly reports CH4 quantity requires 


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only the summing of results of all 

monitoring periods for a given year. 

* * * * * 

Rn = Annual quantity of CH4 recovered from 

the nth anaerobic reactor, sludge 

digester, or lagoon (metric tons CH4/yr) 

* * * * * 

Tm = Average temperature at which flow is 

measured for the measurement period 

(°R). If the flow rate meter automatically 

corrects for temperature to 520° R, 

replace ‘‘520° R/Tm’’ with ‘‘1’’. 

Pm = Average pressure at which flow is 

measured for the measurement period 

(atm). If the flow rate meter 

automatically corrects for pressure to 1 

atm, replace ‘‘Pm/1’’ with ‘‘1’’. 

* * * * * 

(2) If you do not continuously monitor 

CH4 concentration according to 

paragraph (c)(1) of this section, you 

must determine the CH4 concentration, 

temperature, pressure, and, if necessary, 

moisture content of the biogas that is 

collected and routed to a destruction 

device according to the requirements in 

paragraphs (c)(2)(i) through (c)(2)(ii) of 

this section and calculate the quantity of 

CH4 recovered for destruction using 

Equation II–4 of this section. 

(i) Determine the CH4 concentration 

in the biogas that is collected and routed 

to a destruction device in a location 

near or representative of the location of 

the gas flow meter at least once each 

calendar week; if only one measurement 

is made each calendar week, there must 

be least three days between 

measurements. For a given calendar 

week, you are not required to determine 

CH4 concentration if the cumulative 

volume of biogas for that calendar week, 

determined as specified in paragraph (c) 

of this section, is zero. 

(ii) If the gas flow meter is not 

equipped with automatic correction for 

temperature, pressure, or, if necessary, 

moisture content: 

(A) Determine the temperature and 

pressure in the biogas that is collected 

and routed to a destruction device in a 

location near or representative of the 

location of the gas flow meter at least 

once each calendar week; if only one 

measurement is made each calendar 

week, there must be at least three days 

between measurements. 

(B) If the CH4 concentration is 

determined on a dry basis and biogas 

flow is determined on a wet basis, or 

CH4 concentration is determined on a 

wet basis and biogas flow is determined 

on a dry basis, and the flow meter does 

not automatically correct for moisture 

content, determine the moisture content 

in the biogas that is collected and routed 

to a destruction device in a location 

near or representative of the location of 

the gas flow meter at least once each 

calendar week that the cumulative 

biogas flow measured as specified in 

§ 98.354(h) is greater than zero; if only 

one measurement is made each calendar 

week, there must be at least three days 

between measurements. 

(d) For each anaerobic sludge digester, 

anaerobic reactor, or anaerobic lagoon 

from which some quantity of biogas is 

recovered, you must estimate both the 

annual mass of CH4 that is generated, 

but not recovered, according to 

paragraph (d)(1) of this section and the 

annual mass of CH4 emitted according 

to paragraph (d)(2) of this section. 

(1) * * * 

Rn = Annual quantity of CH4 recovered from 

the nth anaerobic reactor, anaerobic 

lagoon, or anaerobic sludge digester, as 

calculated in Equation II–4 of this 

section (metric tons CH4). 

* * * * * 

(2) For each anaerobic sludge digester, 

anaerobic reactor, or anaerobic lagoon 

from which some quantity of biogas is 

recovered, estimate the annual mass of 

CH4 emitted using Equation II–6 of this 

section. 

Where: 

CH4En = Annual quantity of CH4 emitted 

from the process n from which biogas is 

recovered (metric tons). 

* * * * * 

Rn = Annual quantity of CH4 recovered from 

the nth anaerobic reactor or anaerobic 

sludge digester, as calculated in Equation 

II–4 of this section (metric tons CH4). 

DE1 = Primary destruction device CH4

destruction efficiency (lesser of 

manufacturer’s specified destruction 

efficiency and 0.99). If the biogas is 

transported off-site for destruction, use 

DE = 1. 

fDest_1 = Fraction of hours the primary 

destruction device was operating (device 

operating hours/hours in the year). If the 

biogas is transported off-site for 

destruction, use fDest = 1. 

* * * * * 

■ 18. Section 98.354 is amended by: 

■ a. Revising the second sentence of 

paragraph (c). 

■ b. Revising paragraph (d) introductory 

text. 

■ c. Revising paragraph (f). 

■ d. Revising paragraph (g) introductory 

text. 

■ e. Revising paragraph (h) introductory 

text and paragraph (h)(5). 

■ f. Revising paragraph (k). 

§ 98.354 Monitoring and QA/QC 

requirements. 

(c) * * * You must collect and 

analyze samples for COD or BOD5

concentration at least once each 

calendar week that the anaerobic 

wastewater treatment process is 

operating; if only one measurement is 

made each calendar week, there must be 

at least three days between 

measurements. * * * 

(d) You must measure the flowrate of 

wastewater entering anaerobic 

wastewater treatment process at least 

once each calendar week that the 

process is operating; if only one 

measurement is made each calendar 

week, there must be at least three days 

between measurements. You must 

measure the flowrate for the 24-hour 

period for which you collect samples 

analyzed for COD or BOD5

concentration. The flow measurement 

location must correspond to the location 

used to collect samples analyzed for 

COD or BOD5 concentration. You must 

measure the flowrate using one of the 

methods specified in paragraphs (d)(1) 

through (d)(5) of this section or as 

specified by the manufacturer. 

* * * * * 

(f) For each anaerobic process (such as 

anaerobic reactor, sludge digester, or 

lagoon) from which biogas is recovered, 

you must make the measurements or 

determinations specified in paragraphs 

(f)(1) through (f)(3) of this section. 

(1) You must continuously measure 

the biogas flow rate as specified in 

paragraph (h) of this section and 

determine the cumulative volume of 

biogas recovered. 

(2) You must determine the CH4

concentration of the recovered biogas as 

specified in paragraph (g) of this section 

at a location near or representative of 

the location of the gas flow meter. You 

must determine CH4 concentration 

either continuously or intermittently. If 

you determine the concentration 

intermittently, you must determine the 

concentration at least once each 

calendar week that the cumulative 

biogas flow measured as specified in 

paragraph (h) of this section is greater 

than zero, with at least three days 

between measurements. 

(3) As specified in § 98.353(c) and 

paragraph (h) of this section, you must 

determine temperature, pressure, and 

moisture content as necessary to 

accurately determine the biogas flow 


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rate and CH4 concentration. You must 

determine temperature and pressure if 

the gas flow meter or gas composition 

monitor do not automatically correct for 

temperature or pressure. You must 

measure moisture content of the 

recovered biogas if the biogas flow rate 

is measured on a wet basis and the CH4

concentration is measured on a dry 

basis. You must also measure the 

moisture content of the recovered biogas 

if the biogas flow rate is measured on a 

dry basis and the CH4 concentration is 

measured on a wet basis. 

(g) For each anaerobic process (such 

as an anaerobic reactor, sludge digester, 

or lagoon) from which biogas is 

recovered, operate, maintain, and 

calibrate a gas composition monitor 

capable of measuring the concentration 

of CH4 in the recovered biogas using one 

of the methods specified in paragraphs 

(g)(1) through (g)(6) of this section or as 

specified by the manufacturer. 

* * * * * 

(h) For each anaerobic process (such 

as an anaerobic reactor, sludge digester, 

or lagoon) from which biogas is 

recovered, install, operate, maintain, 

and calibrate a gas flow meter capable 

of continuously measuring the 

volumetric flow rate of the recovered 

biogas using one of the methods 

specified in paragraphs (h)(1) through 

(h)(8) of this section or as specified by 

the manufacturer. Recalibrate each gas 

flow meter either biennially (every 2 

years) or at the minimum frequency 

specified by the manufacturer. Except as 

provided in § 98.353(c)(2)(iii), each gas 

flow meter must be capable of correcting 

for the temperature and pressure and, if 

necessary, moisture content. 

* * * * * 

(5) ASME MFC–11M–2006 

Measurement of Fluid Flow by Means of 

Coriolis Mass Flowmeters (incorporated 

by reference, see § 98.7). The mass flow 

must be corrected to volumetric flow 

based on the measured temperature, 

pressure, and biogas composition. 

* * * * * 

(k) If applicable, the owner or 

operator must document the procedures 

used to ensure the accuracy of 

measurements of COD or BOD5

concentration, wastewater flow rate, 

biogas flow rate, biogas composition, 

temperature, pressure, and moisture 

content. These procedures include, but 

are not limited to, calibration of gas flow 

meters, and other measurement devices. 

The estimated accuracy of 

measurements made with these devices 

must also be recorded, and the technical 

basis for these estimates must be 

documented. 

■ 19. Section 98.355 is amended by 

revising paragraph (b) to read as follows: 

§ 98.355 Procedures for estimating 

missing data 

* * * * * 

(b) For each missing value of the CH4

content or biogas flow rates, the 

substitute data value must be the 

arithmetic average of the quality-assured 

values of that parameter immediately 

preceding and immediately following 

the missing data incident. 

* * * * * 

■ 20. Section 98.356 is amended by: 

■ a. Revising paragraph (a) introductory 

text. 

■ b. Revising paragraphs (b)(3) and 

(b)(4). 

■ c. Revising paragraph (d) introductory 

text and paragraphs (d)(2), (d)(4), (d)(6), 

and (d)(8). 

§ 98.356 Data reporting requirements. 

* * * * * 

(a) A description or diagram of the 

industrial wastewater treatment system, 

identifying the processes used to treat 

industrial wastewater and industrial 

wastewater treatment sludge. Indicate 

how the processes are related to each 

other and identify the anaerobic 

processes. Provide a unique identifier 

for each anaerobic process, indicate the 

average depth in meters of each 

anaerobic lagoon, and indicate whether 

biogas generated by each anaerobic 

process is recovered. The anaerobic 

processes must be identified as: 

* * * * * 

(b) * * * 

(3) Maximum CH4 production 

potential (B0) used as an input to 

Equation II–1 or II–2 of this subpart, 

from Table II–1 to this subpart. 

(4) Methane conversion factor (MCF) 

used as an input to Equation II–1 or II– 

2 of this subpart, from Table II–1 to this 

subpart. 

* * * * * 

(d) For each anaerobic wastewater 

treatment process and anaerobic sludge 

digester from which some biogas is 

recovered, you must report: 

* * * * * 

(2) Total weekly volumetric biogas 

flow for each week (up to 52 weeks/ 

year) that biogas is collected for 

destruction. 

* * * * * 

(4) Weekly average biogas temperature 

for each week at which flow is 

measured for biogas collected for 

destruction, or statement that 

temperature is incorporated into 

monitoring equipment internal 

calculations. 

* * * * * 

(6) Weekly average biogas pressure for 

each week at which flow is measured 

for biogas collected for destruction, or 

statement that pressure is incorporated 

into monitoring equipment internal 

calculations. 

* * * * * 

(8) Whether destruction occurs at the 

facility or off-site. If destruction occurs 

at the facility, also report whether a 

back-up destruction device is present at 

the facility, the annual operating hours 

for the primary destruction device, the 

annual operating hours for the back-up 

destruction device (if present), the 

destruction efficiency for the primary 

destruction device, and the destruction 

efficiency for the back-up destruction 

device (if present). 

* * * * * 

Subpart OO—[Amended] 

■ 21. Section 98.416 is amended by 

removing and reserving paragraphs 

(a)(8) and (a)(9) and revising paragraph 

(a)(10) to read as follows: 

§ 98.416 Data reporting requirements. 

* * * * * 

(a) * * * 

(8) [Reserved] 

(9) [Reserved] 

(10) Mass in metric tons of any 

fluorinated GHG or nitrous oxide fed 

into the transformation process, by 

process. 

* * * * * 

■ 22. Section 98.417 is amended by 

adding paragraphs (a)(3) and (a)(4) to 

read as follows: 

§ 98.417 Records that must be retained. 

(a) * * * 

(3) Dated records of the total mass in 

metric tons of each reactant fed into the 

F–GHG or nitrous oxide production 

process, by process. 

(4) Dated records of the total mass in 

metric tons of the reactants, byproducts, and other wastes permanently 

removed from the F–GHG or nitrous 

oxide production process, by process. 

* * * * * 

Subpart RR—[Amended] 

■ 23. Section 98.442 is amended by 

revising paragraphs (e) and (f) to read as 

follows: 

§ 98.442 GHGs to report. 

* * * * * 

(e) Mass of CO2 emissions from 

equipment leaks and vented emissions 

of CO2 from surface equipment located 

between the injection flow meter and 

the injection wellhead. 

(f) Mass of CO2 emissions from 

equipment leaks and vented emissions 


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of CO2 from surface equipment located 

between the production flow meter and 

the production wellhead. 

* * * * * 

■ 24. Section 98.443 is amended by: 

■ a. Revising paragraph (d) introductory 

text. 

■ b. Revising paragraph (d)(3) 

introductory text. 

■ c. Revising the definition of ‘‘CO2FI’’ 

and ‘‘CO2FP’’ in Equation RR–11 of 

paragraph (f)(1). 

■ d. Revising the definition of ‘‘CO2FI’’ 

in Equation RR–12 of paragraph (f)(2). 

§ 98.443 Calculating CO2 geologic 

sequestration. 

* * * * * 

(d) You must calculate the annual 

mass of CO2 produced from oil or gas 

production wells or from other fluid 

wells for each separator that sends a 

stream of gas into a recycle or end use 

system in accordance with the 

procedures specified in paragraphs 

(d)(1) through (d)(3) of this section. You 

must account for any CO2 that is 

produced and not processed through a 

separator. You must account only for 

wells that produce the CO2 that was 

injected into the well or wells covered 

by this source category. 

* * * * * 

(3) To aggregate production data, you 

must sum the mass of all of the CO2

separated at each gas-liquid separator in 

accordance with the procedure specified 

in Equation RR–9 of this section. You 

must assume that the total CO2

measured at the separator(s) represents 

a percentage of the total CO2 produced. 

In order to account for the percentage of 

CO2 produced that is estimated to 

remain with the produced oil or other 

fluid, you must multiply the quarterly 

mass of CO2 measured at the 

separator(s) by a percentage estimated 

using a methodology in your approved 

MRV plan. If fluids containing CO2 from 

injection wells covered under this 

source category are produced and not 

processed through a gas-liquid 

separator, the concentration of CO2 in 

the produced fluids must be measured 

at a flow meter located prior to 

reinjection or reuse using methods in 

§ 98.444(f)(1). The considerations you 

intend to use to calculate CO2 from 

produced fluids for the mass balance 

equation must be described in your 

approved MRV plan in accordance with 

§ 98.448(d)(5). 

Where: 

CO2P = Total annual CO2 mass produced 

(metric tons) through all separators in 

the reporting year. 

CO2,w = Annual CO2 mass produced (metric 

tons) through separator w in the 

reporting year. 

X = Entrained CO2 in produced oil or other 

fluid divided by the CO2 separated 

through all separators in the reporting 

year (weight percent CO2, expressed as a 

decimal fraction). 

w = Separator. 

(f) * * * 

(1) * * * 

* * * * * 

CO2FI = Total annual CO2 mass emitted 

(metric tons) from equipment leaks and 

vented emissions of CO2 from equipment 

located on the surface between the flow 

meter used to measure injection quantity 

and the injection wellhead, for which a 

calculation procedure is provided in 

subpart W of this part. 

CO2FP = Total annual CO2 mass emitted 

(metric tons) from equipment leaks and 

vented emissions of CO2 from equipment 

located on the surface between the 

production wellhead and the flow meter 

used to measure production quantity, for 

which a calculation procedure is 

provided in subpart W of this part. 

(2) * * * 

* * * * * 

CO2FI = Total annual CO2 mass emitted 

(metric tons) from equipment leaks and 

vented emissions of CO2 from equipment 

located on the surface between the flow 

meter used to measure injection quantity 

and the injection wellhead. 

■ 25. Section 98.444 is amended by 

revising the heading of paragraph (d) to 

read as follows: 

§ 98.444 Monitoring and QA/QC 

requirements. 

* * * * * 

(d) CO2 emissions from equipment 

leaks and vented emissions of CO2. 

* * * 

* * * * * 

■ 26. Section 98.445 is amended by 

revising paragraph (e) to read as follows: 

§ 98.445 Procedures for estimating 

missing data. 

* * * * * 

(e) For any values associated with CO2

emissions from equipment leaks and 

vented emissions of CO2 from surface 

equipment at the facility that are 

reported in this subpart, missing data 

estimation procedures should be 

followed in accordance with those 

specified in subpart W of this part. 

* * * * * 

■ 27. Section 98.446 is amended by: 

■ a. Revising paragraph (a)(2) 

introductory text and (a)(3) introductory 

text. 

■ b. Revising paragraph (e). 

■ c. Revising paragraph (f) introductory 

text. 

■ d. Revising paragraph (f)(1)(vii). 

■ e. Revising paragraph (f)(3). 

§ 98.446 Data reporting requirements. 

* * * * * 

(a) * * * 

(2) If a volumetric flow meter is used 

to receive CO2 report the following 

unless you reported yes to paragraph 

(a)(4) of this section: 

* * * * * 

(3) If a mass flow meter is used to 

receive CO2 report the following unless 

you reported yes to paragraph (a)(4) of 

this section: 

* * * * * 

(e) Report the date that you began 

collecting data for calculating total 

amount sequestered according to 

§ 98.448(a)(7) of this subpart. 

(f) Report the following. If the date 

specified in paragraph (e) of this section 

is during the reporting year for this 

annual report, report the following 

starting on the date specified in 

paragraph (e) of this section. 

(1) * * * 

(vii) The standard used to calculate 

each value in paragraphs (f)(1)(ii) 

through (f)(1)(iv) of this section. 

* * * * * 

(3) For CO2 emissions from equipment 

leaks and vented emissions of CO2, 

report the following: 

(i) The mass of CO2 emitted (in metric 

tons) annually from equipment leaks 

and vented emissions of CO2 from 

equipment located on the surface 

between the flow meter used to measure 

injection quantity and the injection 

wellhead. 

(ii) The mass of CO2 emitted (in 

metric tons) annually from equipment 

leaks and vented emissions of CO2 from 

equipment located on the surface 

between the production wellhead and 

the flow meter used to measure 

production quantity. 

* * * * * 

■ 28. Section 98.447 is amended by 

revising paragraphs (a)(5) and (a)(6) to 

read as follows: 


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§ 98.447 Records that must be retained. 

(a) * * * 

(5) Annual records of information 

used to calculate the CO2 emitted from 

equipment leaks and vented emissions 

of CO2 from equipment located on the 

surface between the flow meter used to 

measure injection quantity and the 

injection wellhead. 

(6) Annual records of information 

used to calculate the CO2 emitted from 

equipment leaks and vented emissions 

of CO2 from equipment located on the 

surface between the production 

wellhead and the flow meter used to 

measure production quantity. 

* * * * * 

■ 29. Section 98.448 is amended by 

revising paragraphs (a)(5) and (e) to read 

as follows: 

§ 98.448 Geologic sequestration 

monitoring, reporting, and verification 

(MRV) plan. 

(a) * * * 

(5) A summary of the considerations 

you intend to use to calculate sitespecific variables for the mass balance 

equation. This includes, but is not 

limited to, considerations for calculating 

CO2 emissions from equipment leaks 

and vented emissions of CO2 between 

the injection flow meter and injection 

well and/or the production flow meter 

and production well, and considerations 

for calculating CO2 in produced fluids. 

* * * * * 

(e) Revised MRV plan. The 

requirements of paragraph (c) of this 

section apply to any submission of a 

revised MRV plan. You must continue 

reporting under your currently 

approved plan while awaiting approval 

of a revised MRV plan. 

* * * * * 

■ 30. Section 98.449 is amended by 

revising the definition of ‘‘CO2

received’’ to read as follows: 

§ 98.449 Definitions. 

* * * * * 

CO2 received means the CO2 stream 

that you receive to be injected for the 

first time into a well on your facility 

that is covered by this subpart. CO2

received includes, but is not limited to, 

a CO2 stream from a production process 

unit inside your facility and a CO2

stream that was injected into a well on 

another facility, removed from a 

discontinued enhanced oil or natural 

gas or other production well, and 

transferred to your facility. 

* * * * * 

Subpart TT—[Amended] 

■ 31. Section 98.460 is amended by 

revising paragraphs (c)(1) and (c)(2)(i) to 

read as follows: 

§ 98.460 Definition of the source category. 

* * * * * 

(c) * * * 

(1) Construction and demolition waste 

landfills. 

(2) * * * 

(i) Coal combustion or incinerator ash 

(e.g., fly ash). 

* * * * * 

■ 32. Section 98.463 is amended by: 

■ a. Revising paragraph (a)(1). 

■ b. Revising paragraph (a)(2) 

introductory text. 

■ c. Revising paragraph (a)(2)(ii)(C). 

§ 98.463 Calculating GHG emissions. 

(a) * * * 

(1) Calculate annual modeled CH4

generation using Equation TT–1 of this 

section. 

Where: 

GCH4 = Modeled methane generation in 

reporting year T (metric tons CH4). 

X = Year in which waste was disposed. 

S = Start year of calculation. Use the year 

1960 or the opening year of the landfill, 

whichever is more recent. 

T = Reporting year for which emissions are 

calculated. 

Wx = Quantity of waste disposed in the 

industrial waste landfill in year X from 

measurement data and/or other company 

records (metric tons, as received (wet 

weight)). 

DOCx = Degradable organic carbon for waste 

disposed in year X from Table TT–1 to 

this subpart or from measurement data 

[as specified in paragraph (a)(3) of this 

section], if available [fraction (metric 

tons C/metric ton waste)]. 

DOCF = Fraction of DOC dissimilated 

(fraction); use the default value of 0.5. 

MCF = Methane correction factor (fraction). 

Use the default value of 1 unless there 

is active aeration of waste within the 

landfill during the reporting year. If there 

is active aeration of waste within the 

landfill during the reporting year, use 

either the default value of 1 or select an 

alternative value no less than 0.5 based 

on site-specific aeration parameters. 

Fx = Fraction by volume of CH4 in landfill 

gas (fraction, dry basis, corrected to 0% 

oxygen). If you have a gas collection 

system, use the annual average CH4

concentration from measurement data for 

the current reporting year; otherwise, use 

the default value of 0.5. 

k = Decay rate constant from Table TT–1 to 

this subpart (yr¥1). Select the most 

applicable k value for the majority of the 

past 10 years (or operating life, 

whichever is shorter). 

(2) Waste stream quantities. 

Determine annual waste quantities as 

specified in paragraphs (a)(2)(i) through 

(ii) of this section for each year starting 

with January 1, 1960 or the year the 

landfills first accepted waste if after 

January 1, 1960, up until the most 

recent reporting year. The choice of 

method for determining waste quantities 

will vary according to the availability of 

historical data. Beginning in the first 

emissions reporting year (2011 or later) 

and for each year thereafter, use the 

procedures in paragraph (a)(2)(i) of this 

section to determine waste stream 

quantities. These procedures should 

also be used for any year prior to the 

first emissions reporting year for which 

the data are available. For other 

historical years, use paragraph (a)(2)(i) 

of this section, where waste disposal 

records are available, and use the 

procedures outlined in paragraph 

(a)(2)(ii) of this section when waste 

disposal records are unavailable, to 

determine waste stream quantities. 

Historical disposal quantities deposited 

(i.e., prior to the first year in which 

monitoring begins) should only be 

determined once, as part of the first 

annual report, and the same values 

should be used for all subsequent 

annual reports, supplemented by the 

next year’s data on new waste disposal. 

* * * * * 

(ii) * * * 

(C) For any year in which historic 

production or processing data are not 

available such that historic waste 

quantities cannot be estimated using 

Equation TT–3 of this section, calculate 

an average annual bulk waste disposal 

quantity using either Equation TT–4a of 

this section when data are available 

consecutively for the most recent 

disposal years or Equation TT–4b of this 

section when data are available for 

sporadic (non-consecutive) years. 


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Where: 

Wx = Quantity of waste placed in the landfill 

in year X (metric tons, wet basis). This 

annual bulk waste disposal quantity 

applies for all years from ‘‘YrOpen’’ to 

‘‘YrData’’ inclusive. 

LFC = Capacity of the landfill used (or the 

total quantity of waste-in-place) at the 

end of the ‘‘YrData’’ from design 

drawings or engineering estimates 

(metric tons). For closed landfills for 

which waste quantity data are not 

available, use the landfill’s design 

capacity. 

YrData = The year prior to the year when 

waste disposal data are first available for 

all subsequent years from company 

records or from Equation TT–3 of this 

section. For landfills for which waste 

quantity data are not available, the year 

in which the landfill last received waste. 

YrOpen = Year 1960 or the year in which the 

landfill first received waste from 

company records, whichever is more 

recent. If no data are available for 

estimating YrOpen for a closed landfill, 

use 1960 as the default ‘‘YrOpen’’ for the 

landfill. 

Where: 

Wx = Quantity of waste placed in the landfill 

in year X (metric tons, wet basis). This 

annual bulk waste disposal quantity 

applies for all years for which waste 

quantity data are not available from 

company records or from Equation TT– 

3 of this section. 

WIP = Quantity of waste in-place at the start 

of the reporting year from design 

drawings or engineering estimates 

(metric tons). For closed landfills for 

which waste in-place quantities are not 

available, use the landfill’s design 

capacity. 

Wmeas,n = Annual quantity of waste placed in 

the landfill for the nth measurement year 

from company records or from Equation 

TT–3 of this section. 

YrLast = The last year, prior to the reporting 

year, that the landfill received waste. 

YrOpen = Year 1960 or the year in which the 

landfill first received waste from 

company records, whichever is more 

recent. If no data are available for 

estimating YrOpen for a closed landfill, 

use 1960 as the default ‘‘YrOpen’’ for the 

landfill. 

NYrData = The number of years for which 

annual waste disposal quantities are 

available from company records or from 

Equation TT–3 of this section from 

YrOpen to YrLast inclusive. 

* * * * * 

■ 33. Section 98.464 is amended by: 

■ a. Revising paragraph (b) introductory 

text. 

■ b. Revising paragraph (b)(1). 

■ c. Revising paragraph (b)(3). 

■ d. Revising paragraph (b)(4). 

■ e. Redesignating paragraphs (c), (d), 

(e), and (f) as paragraphs (d), (e), (f), and 

(h), respectively. 

■ f. Adding a new paragraph (c). 

■ g. Adding paragraph (g). 

§ 98.464 Monitoring and QA/QC 

requirements. 

* * * * * 

(b) For each waste stream placed in 

the landfill during the reporting year for 

which you choose to determine volatile 

solids concentration for the purposes of 

§ 98.460(c)(2)(xii) or choose to 

determine a landfill-specific DOCx for 

use in Equation TT–1 of this subpart, 

you must collect and test a 

representative sample of that waste 

stream using the methods specified in 

paragraphs (b)(1) through (b)(4) of this 

section. 

(1) Develop and follow a sampling 

plan to collect a representative sample 

(in terms of composition and moisture 

content) of each waste stream placed in 

the landfill for which testing is elected. 

* * * * * 

(3) For the purposes of 

§ 98.460(c)(2)(xii), the volatile solids 

concentration (weight percent on a dry 

basis) is the percent volatile solids 

determined using Standard Method 

2540G ‘‘Total, Fixed, and Volatile Solids 

in Solid and Semisolid Samples’’ 

(incorporated by reference; see § 98.7). 

(4) Determine DOC value of a waste 

stream by either using at least a 60-day 

anaerobic biodegradation test as 

specified in paragraph (b)(4)(i) of this 

section or by estimating the DOC value 

based on the total and volatile solids 

measurements as specified in paragraph 

(b)(4)(ii) of this section. 

(i) Perform an anaerobic 

biodegradation test and determine the 

DOC value of a waste stream following 

the procedures and requirements in 

paragraphs (b)(4)(i)(A) through (E) of 

this section. 

(A) You may use the procedures 

published by a consensus-based 

standards organization to conduct a 

minimum of a 60-day anaerobic 

biodegradation test. Consensus-based 

standards organizations include, but are 

not limited to, the following: ASTM 

International (100 Barr Harbor Drive, 

P.O. Box CB700, West Conshohocken, 

Pennsylvania 19428–B2959, (800) 262– 

1373, http://www.astm.org), the 

American National Standards Institute 

(ANSI, 1819 L Street, NW., 6th floor, 

Washington, DC 20036, (202) 293–8020, 

http://www.ansi.org), the American 

Society of Mechanical Engineers 

(ASME, Three Park Avenue, New York, 

NY 10016–5990, (800) 843–2763, 

http://www.asme.org), and the North 

American Energy Standards Board 

(NAESB, 801 Travis Street, Suite 1675, 

Houston, TX 77002, (713) 356–0060, 

http://www.api.org). 

(B) Use a minimum of four samples: 

Two waste stream samples, a control 

sample using a known substrate (such as 

ethanol), and a digester sludge blank 

sample. Each waste stream sample must 

be appropriately ground to ensure the 

waste material is fully exposed to the 

anaerobic digester sludge. 

(C) Determine the net mass of carbon 

degraded in the control sample as the 

difference in the results of the control 

sample and the digester sludge blank 

sample. Determine the net mass of 

carbon degraded in each waste stream 

sample as the difference in the results 

of each waste stream sample and the 

digester sludge blank sample. 

(D) Determine the fraction of carbon 

degraded in the control sample as the 

net mass of carbon degraded in the 

control sample divided by the mass of 

carbon added via the substrate material 

in the control sample. If less than 50 

percent of the theoretical mass of carbon 

in the control sample is degraded, the 

test run is invalid. 

(E) Determine the DOC of each waste 

sample using Equation TT–7 of this 

section. If the DOC values for the two 

waste stream samples differ by more 

than 20 percent, the test run is invalid. 


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The DOC of the waste stream is 

determined as the average DOC value of 

the two waste stream samples 

determined during a valid test. 

Where: 

DOCx = Degradable organic content of the 

waste stream in Year X (weight fraction, 

wet basis) 

DOCF = Fraction of DOC dissimilated 

(fraction); use the default value of 0.5. 

MCDsample,x = Mass of carbon degraded in the 

waste stream sample in Year X as 

determined in paragraph (b)(4)(i)(C) of 

this section [milligrams (mg)]. 

Msample,x = Mass of waste stream sample used 

in the anaerobic degradation test in Year 

X (mg, wet basis). 

MCDcontrol = Mass of carbon degraded in the 

control sample as determined in 

paragraph (b)(4)(i)(B) of this section (mg). 

MCcontrol = Mass of carbon added to the 

control sample via the substrate material 

in the anaerobic degradation (mg). 

(ii) Calculate the waste streamspecific DOCx value using Equation TT– 

8 of this section. 

Where: 

DOCx = Degradable organic content of waste 

stream in Year X (weight fraction, wet 

basis) 

FDOC = Fraction of the volatile residue that 

is degradable organic carbon (weight 

fraction). Use a default value of 0.6. 

% Volatile Solidsx = Percent volatile solids 

determined using Standard Method 

2540G Total, ‘‘Fixed, and Volatile Solids 

in Solid and Semisolid Samples’’ 

(incorporated by reference; see § 98.7) for 

Year X [milligrams (mg) volatile solids 

per 100 mg dried solids]. 

% Total Solidsx = Percent total solids 

determined using Standard Method 

2540G ‘‘Total, Fixed, and Volatile Solids 

in Solid and Semisolid Samples’’ 

(incorporated by reference; see § 98.7) for 

Year X (mg dried solids per 100 mg wet 

waste). 

(c) For each waste stream for which 

you choose to determine volatile solids 

concentration for the purposes of 

paragraph § 98.460(c)(2)(xii), and that 

was historically managed in the landfill 

but was not received during the first 

reporting year, you must determine 

volatile solids concentration of the 

waste stream as initially placed in the 

landfill using the methods specified in 

paragraph (c)(1) or (c)(2) of this section, 

as applicable. 

(1) If you can identify a similar waste 

stream to the waste stream that was 

historically managed in the landfill, you 

must determine the volatile solids 

concentration of the similar waste 

stream using the procedures in 

paragraphs (b)(1) through (b)(3) of this 

section. 

(2) If you cannot identify a similar 

waste stream to the waste stream that 

was historically managed in the landfill, 

you may determine the volatile solids 

concentration of the historically 

managed waste stream using process 

knowledge. You must document the 

basis for volatile solids concentration as 

determined through process knowledge. 

* * * * * 

(g) For landfills electing to measure 

the fraction by volume of CH4 in landfill 

gas (F), follow the requirements in 

paragraphs (g)(1) and (g)(2) of this 

section. 

(1) Use a gas composition monitor 

capable of measuring the concentration 

of CH4 on a dry basis that is properly 

operated, calibrated, and maintained 

according to the requirements specified 

at § 98.344(b). You must either use a gas 

composition monitor that is also capable 

of measuring the O2 concentration 

correcting for excess (infiltration) air or 

you must operate, maintain, and 

calibrate a second monitor capable of 

measuring the O2 concentration on a dry 

basis according to the manufacturer’s 

specifications. 

(2) Use Equation TT–9 of this section 

to correct the measured CH4

concentration to 0% oxygen. If multiple 

CH4 concentration measurements are 

made during the reporting year, 

determine F separately for each 

measurement made during the reporting 

year, and use the results to determine 

the arithmetic average value of F for use 

in Equation TT–1 of this part. 

Where: 

F = Fraction by volume of CH4 in landfill gas 

(fraction, dry basis, corrected to 0% 

oxygen). 

CCH4 = Measured CH4 concentration in 

landfill gas (volume %, dry basis). 

20.9c = Defined O2 correction basis, (volume 

%, dry basis). 

20.9 = O2 concentration in air (volume %, 

dry basis). 

%O2 = Measured O2 concentration in landfill 

gas (volume %, dry basis). 

* * * * * 

■ 34. Section 98.466 is amended by: 

■ a. Revising paragraph (b) introductory 

text. 

■ b. Revising paragraph (b)(2). 

■ c. Adding paragraphs (b)(3) and (b)(4). 

■ d. Revising paragraph (c)(3)(ii). 

■ e. Revising paragraph (d). 

■ f. Revising paragraph (f). 

■ g. Revising paragraph (g)(1). 

§ 98.466 Data reporting requirements. 

* * * * * 

(b) Report the following waste 

characterization and modeling 

information: 

* * * * * 

(2) A description of each waste stream 

(including the types of materials in each 

waste stream) for which Equation TT–1 

of this subpart is used to calculate 

modeled CH4 generation. 

(3) The fraction of CH4 in the landfill 

gas, F, (volume fraction, dry basis, 

corrected to 0% oxygen) for the 


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reporting year and an indication as to 

whether this was the default value or a 

value determined through measurement 

data. 

(4) The methane correction factor 

(MCF) value used in the calculations. If 

an MCF value other than the default of 

1 is used, provide a description of the 

aeration system, including aeration 

blower capacity, the fraction of the 

landfill containing waste affected by the 

aeration, the total number of hours 

during the year the aeration blower was 

operated, and other factors used as a 

basis for the selected MCF value. 

(c) * * * 

(3) * * * 

(ii) The year, the waste disposal 

quantity and production quantity for 

each year used in Equation TT–2 of this 

subpart to calculate the average waste 

disposal factor (WDF). 

* * * * * 

(d) For each year of landfilling 

starting with the ‘‘Start Year’’ (S) and 

each year thereafter up to the current 

reporting year, report the following 

information: 

(1) The calendar year for which the 

following data elements apply. 

(2) The quantity of waste (Wx) 

disposed of in the landfill (metric tons, 

wet weight) for the specified year for 

each waste stream identified in 

paragraph (b) of this section. 

(3) The degradable organic carbon 

(DOCx) value (mass fraction) for the 

specified year and an indication as to 

whether this was the default value from 

Table TT–1 to this subpart, a measured 

value using a 60-day anaerobic 

biodegradation test as specified in 

§ 98.464(b)(4)(i), or a value based on 

total and volatile solids measurements 

as specified in § 98.464(b)(4)(ii). If DOCx

was determined by a 60-day anaerobic 

biodegradation test, specify the test 

method used. 

* * * * * 

(f) The modeled annual methane 

generation (GCH4) for the reporting year 

(metric tons CH4) calculated using 

Equation TT–1 of this subpart. 

(g) * * * 

(1) The annual methane emissions 

(i.e., the methane generation (MG), 

adjusted for oxidation, calculated using 

Equation TT–6 of this subpart), reported 

in metric tons CH4. 

* * * * * 

■ 35. Section 98.467 is revised to read 

as follows: 

§ 98.467 Records that must be retained. 

In addition to the information 

required by § 98.3(g), you must retain 

the calibration records for all 

monitoring equipment, including the 

method or manufacturer’s specification 

used for calibration, and all 

measurement data used for the purposes 

of paragraph § 98.460(c)(2)(xii) or used 

to determine landfill-specific DOCx

values. 

■ 36. Section 98.468 is amended by 

adding, in alphabetical order, the 

definitions for ‘‘Construction and 

demolition (C&D) waste landfill’’ and 

‘‘Design capacity’’ to read as follows: 

§ 98.468 Definitions. 

* * * * * 

Construction and demolition (C&D) 

waste landfill means a solid waste 

disposal facility subject to the 

requirements of subparts A or B of part 

257 of this chapter that receives 

construction and demolition waste and 

does not receive hazardous waste 

(defined in § 261.3 of this chapter) or 

industrial solid waste (defined in 

§ 258.2 of this chapter) or municipal 

solid waste (defined in § 98.6 of this 

part) other than residential lead-based 

paint waste. A C&D waste landfill 

typically receives any one or more of the 

following types of solid wastes: 

roadwork material, excavated material, 

demolition waste, construction/ 

renovation waste, and site clearance 

waste. 

Design capacity means the maximum 

amount of solid waste a landfill can 

accept. For the purposes of this subpart, 

for landfills that have a permit, the 

design capacity can be determined in 

terms of volume or mass in the most 

recent permit issued by the state, local, 

or Tribal agency responsible for 

regulating the landfill, plus any in-place 

waste not accounted for in the most 

recent permit. If the owner or operator 

chooses to convert the design capacity 

from volume to mass to determine its 

design capacity, the calculation must 

include a site-specific density. If the 

design capacity is within 10 percent of 

the applicability threshold in § 98.460(a) 

and there is a change in the production 

process that can reasonably be expected 

to change the site-specific waste 

density, the site-specific waste density 

must be redetermined and the design 

capacity must be recalculated based on 

the new waste density. 

* * * * * 

■ 37. Table TT–1 to subpart TT is 

amended by revising the entries for 

‘‘Construction and Demolition’’ and 

‘‘Inert Waste [i.e., wastes listed in 

§ 98.460(b)(3)]’’ and footnote a to read as 

follows: 

TABLE TT–1 TO SUBPART TT—DEFAULT DOC AND DECAY RATE VALUES FOR INDUSTRIAL WASTE LANDFILLS

Industry/waste type 

DOC (weight 

fraction, wet 

basis) 

k 

[dry climate a] 

(yr¥1) 

k 

[moderate 

climate a] (yr¥1) 

k 

[wet climate a] 

(yr¥1) 

*******

Construction and Demolition .................................................................... 0 .08 0 .02 0 .03 0 .04 

Inert Waste [i.e., wastes listed in § 98.460(c)(2)] ..................................... 0 0 0 0 

*******

aThe applicable climate classification is determined based on the annual rainfall plus the recirculated leachate application rate. Recirculated 

leachate application rate (in inches/year) is the total volume of leachate recirculated from company records or engineering estimates and applied 

to the landfill divided by the area of the portion of the landfill containing waste [with appropriate unit conversions]. 

(1) Dry climate = precipitation plus recirculated leachate less than 20 inches/year 

(2) Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive) 

(3) Wet climate = precipitation plus recirculated leachate greater than 40 inches/year 

Alternatively, landfills that use leachate recirculation can elect to use the k value for wet climate rather than calculating the recirculated leachate rate. 

[FR Doc. 2011–29742 Filed 11–28–11; 8:45 am] 

BILLING CODE 6560–50–P 


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