```

[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Proposed Rules]
[Pages 55993-56023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21773]

[[Page 55993]]

Vol. 78

Wednesday,

No. 176

September 11, 2013

Part IV

Environmental Protection Agency

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40 CFR Part 98

 Revisions to Reporting and Recordkeeping Requirements, and Proposed 
Confidentiality Determinations Under the Greenhouse Gas Reporting 
Program; Proposed Rule

Federal Register / Vol. 78 , No. 176 / Wednesday, September 11, 2013 
/ Proposed Rules

[[Page 55994]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2010-0929; FRL-9801-2]
RIN 2060-AQ81

Revisions to Reporting and Recordkeeping Requirements, and 
Proposed Confidentiality Determinations Under the Greenhouse Gas 
Reporting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing amendments to reporting and recordkeeping 
requirements and an alternative verification approach for the 
Greenhouse Gas Reporting Program. This action addresses concerns about 
the potential release of certain data that are inputs to emission 
equations for which the reporting deadline was deferred until March 31, 
2015 while maintaining the EPA's ability to verify emissions and ensure 
compliance with the Greenhouse Gas Reporting Program. In addition, the 
EPA is proposing confidentiality determinations for the newly proposed 
data elements in this action.

DATES: Comments. Comments must be received on or before November 12, 
2013.
    Public Hearing. The EPA will hold a public hearing on this proposed 
rule if requested. Requests for a hearing must be made by September 18, 
2013. Contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section by September 18, 2013 to request a public hearing. If a hearing 
is requested, the EPA will announce the details, including specific 
dates, times, addresses and contact information for the hearing, in a 
separate Federal Register notice.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0929, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: GHGReportingCBI@epa.gov.
     Fax: (202) 566-1741.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2010-0929, 
1200 Pennsylvania Avenue NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, Public Reading Room, 
William Jefferson Clinton Building West, Room 3334, 1301 Constitution 
Avenue NW., Washington, DC 20004. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0929. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be confidential business information (CBI) or other information 
whose disclosure is restricted by statute.
    Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. Send or deliver 
information identified as CBI to only the mail or hand/courier delivery 
address listed above, attention: Docket ID No. EPA-HQ-OAR-2010-0929. 
The http://www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through http://www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, William Jefferson Clinton Building West, Room B102, 1301 
Constitution Ave. NW., Washington, DC. This Docket Facility is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
    FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate 
Change Division, Office of Atmospheric Programs (MC-6207J), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: (202) 343-9263; fax number: 
(202) 343-2342; email address: GHGreporting@epa.gov. For technical 
information, contact the Greenhouse Gas Reporting Rule Helpline at: 
http://www.epa.gov/climatechange/emissions/ghgrule_contactus.htm. 
Alternatively, contact Carole Cook at 202-343-9263.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposal, memoranda to the docket, and all 
other related information will also be available through the WWW on the 
EPA's greenhouse gas reporting rule Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION:
    Additional Information on Submitting Comments: To expedite review 
of your comments by Agency staff, you are encouraged to send a separate 
copy of your comments, in addition to the copy you submit to the 
official docket, to Carole Cook, Climate Change Division, Office of 
Atmospheric Programs (MC-6207J), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460, telephone (202) 343-9263, 
email GHGReportingCBI@epa.gov.
    Regulated Entities. This proposed rule revision on reporting and 
recordkeeping requirements and verification procedures would affect 
entities that must submit annual greenhouse gas (GHG) reports under the 
Greenhouse Gas Reporting Program (40 CFR part 98). The Administrator 
has determined that 40 CFR part 98 is subject to the provisions of 
Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the 
provisions of CAA section 307(d) apply to ``such other actions as the 
Administrator may determine''). Entities affected by this proposal are 
owners or operators of facilities that are direct emitters of GHGs, 
which include those listed in Table 1 of this preamble:

[[Page 55995]]

                               Table 1--Examples of Affected Entities by Category
----------------------------------------------------------------------------------------------------------------
                    Category                           NAICS               Examples of affected facilities
----------------------------------------------------------------------------------------------------------------
General Stationary Fuel Combustion Sources.....                     Facilities operating boilers, process
                                                                     heaters, incinerators, turbines, and
                                                                     internal combustion engines.
                                                               321  Manufacturers of lumber and wood products.
                                                               322  Pulp and paper mills.
                                                               325  Chemical manufacturers.
                                                               324  Petroleum refineries and manufacturers of
                                                                     coal products.
                                                     316, 326, 339  Manufacturers of rubber and miscellaneous
                                                                     plastic products.
                                                               331  Steel works, blast furnaces.
                                                               332  Electroplating, plating, polishing,
                                                                     anodizing, and coloring.
                                                               336  Manufacturers of motor vehicle parts and
                                                                     accessories.
                                                               221  Electric, gas, and sanitary services.
                                                               622  Health services.
                                                               611  Educational services.
                                                            325193  Ethyl alcohol manufacturing facilities.
                                                            311611  Meat processing facilities
                                                            311411  Frozen fruit, juice, and vegetable
                                                                     manufacturing facilities.
                                                            311421  Fruit and vegetable canning facilities.
Adipic Acid Production.........................             325199  Adipic acid manufacturing facilities.
Aluminum Production............................             331312  Primary aluminum production facilities
Ammonia Manufacturing..........................             325311  Anhydrous and aqueous ammonia production
                                                                     facilities.
Cement Production..............................             327310  Portland Cement manufacturing plants.
Ferroalloy Production..........................             331112  Ferroalloys manufacturing facilities.
Fluorinated GHG Production.....................             325120  Industrial gases manufacturing facilities.
Glass Production...............................             327211  Flat glass manufacturing facilities.
                                                            327213  Glass container manufacturing facilities.
                                                            327212  Other pressed and blown glass and glassware
                                                                     manufacturing facilities.
HCFC-22 Production and HFC-23 Destruction......             325120  Chlorodifluoromethane manufacturing
                                                                     facilities.
Hydrogen Production............................             325120  Hydrogen production facilities
Iron and Steel Production......................             331111  Integrated iron and steel mills, steel
                                                                     companies, sinter plants, blast furnaces,
                                                                     basic oxygen process furnace shops.
Lead Production................................             331419  Primary lead smelting and refining
                                                                     facilities.
                                                            331492  Secondary lead smelting and refining
                                                                     facilities.
Lime Production................................             327410  Calcium oxide, calcium hydroxide, dolomitic
                                                                     hydrates manufacturing facilities.
Nitric Acid Production.........................             325311  Nitric acid production facilities
Petrochemical Production.......................              32511  Ethylene dichloride production facilities.
                                                            325199  Acrylonitrile, ethylene oxide, methanol
                                                                     production facilities.
                                                            325110  Ethylene production facilities.
                                                            325182  Carbon black production facilities.
Petroleum and Natural Gas Systems \1\..........             486210  Pipeline transportation of natural gas.
                                                            221210  Natural gas distribution facilities.
                                                               211  Extractors of crude petroleum and natural
                                                                     gas.
                                                            211112  Natural gas liquid extraction facilities.
Petroleum Refineries...........................             324110  Petroleum refineries.
Phosphoric Acid Production.....................             325312  Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing...................             322110  Pulp mills.
                                                            322121  Paper mills.
                                                            322130  Paperboard mills.
Silicon Carbide Production.....................             327910  Silicon carbide abrasives manufacturing
                                                                     facilities.
Soda Ash Manufacturing.........................             325181  Alkalies and chlorine manufacturing
                                                                     facilities.
                                                            212391  Soda ash, natural, mining and/or
                                                                     beneficiation.
Titanium Dioxide Production....................             325188  Titanium dioxide manufacturing facilities.
Zinc Production................................             331419  Primary zinc refining facilities.
                                                            331492  Zinc dust reclaiming facilities, recovering
                                                                     from scrap and/or alloying purchased
                                                                     metals.
                                                            311411  Frozen fruit, juice and vegetable
                                                                     manufacturing facilities.
                                                            311421  Fruit and vegetable canning facilities.
Wastewater Treatment \1\.......................             322110  Pulp mills.
                                                            322121  Paper mills.
                                                            322122  Newsprint mills.
                                                            322130  Paperboard mills.
                                                            311611  Meat processing facilities.
                                                            311411  Frozen fruit, juice and vegetable
                                                                     manufacturing facilities.
                                                            311421  Fruit and vegetable canning facilities.
                                                            325193  Ethanol manufacturing facilities.
----------------------------------------------------------------------------------------------------------------
\1\ The EPA is not proposing amendments related to these categories; however, these categories were evaluated in
  the EPA's analysis of the potential impact from the release of inputs to emission equations for which
  reporting was deferred to March 31, 2015. Refer to Section 1.B of this preamble for further discussion of this
  evaluation.

[[Page 55996]]

    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding facilities and suppliers 
likely to be affected by this action. Types of facilities other than 
those listed in this table may also be affected by this action. To 
determine whether you are affected by this action, you should carefully 
examine the applicability criteria found in 40 CFR part 98, subpart A 
or the relevant criteria in the subparts. 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 
INFORMATION CONTACT section.
    Many facilities that are affected by 40 CFR part 98 have GHG 
emissions from multiple source categories listed in Table 1 of this 
preamble.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

BAMM Best Available Monitoring Methods
CAA Clean Air Act
CO2 carbon dioxide
CBI confidential business information
CEMS Continuous Emission Monitoring System
CFR Code of Federal Regulations
e-GGRT Electronic Greenhouse Gas Reporting Tool
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
HCFC-22 chlorodifluoromethane
HFC hydrofluorocarbons
HQ Headquarters
ICR Information Collection Request
MW megawatt
NAICS North American Industry Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management & Budget
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act
U.S. United States
WWW Worldwide Web

Table of Contents

I. Executive Summary and Background
    A. Executive Summary
    B. Background
    C. Subparts Covered in this Proposed Rule
    D. Legal Authority
II. Summary of Proposed Changes to Part 98 Reporting and 
Recordkeeping Requirements
    A. Proposed Use of Inputs Verification Tool
    B. Proposed Revisions to Reporting of Data Elements Deferred 
until 2015
    C. Proposed Changes to Recordkeeping Requirements
    D. Proposed New Data Elements to be Reported
III. Rationale for Proposed Changes to Reporting and Recordkeeping 
Requirements
    A. Proposed Inputs Verification Tool and Amendment to Reporting 
Requirements
    B. Proposed Revisions to Recordkeeping Requirements
    C. Proposed Requirement to Report Additional Data
IV. Confidentiality Determination for Proposed New Data Elements to 
be Reported
V. Impacts of the Proposed Rule
    A. How were the costs of this proposed rule estimated?
    B. Additional Impacts of the Proposed Amendments
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments.
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Executive Summary and Background

A. Executive Summary

    The Greenhouse Gas Reporting Program (GHGRP) collects greenhouse 
gas data from 41 source categories and currently has received 2 to 3 
years of data from these sources. Greenhouse gas emissions from direct 
emitters are calculated using a variety of methods, including direct 
measurement, mass balance, and the use of emission factors. Reporters 
not using direct measurement must use equations to calculate emissions. 
The inputs to these emission equations often include process or 
production data that are specific to each facility's operations. These 
inputs to emission equations play an important role in the EPA's 
ability to verify facility-level emissions and ensure compliance with 
the program.
    On July 7, 2010, the EPA proposed confidentiality determinations 
for the majority of data elements required to be reported under the 
GHGRP, as well as for the majority of source categories covered by the 
program. In the July 7, 2010 action, the EPA proposed that data 
elements categorized as ``inputs to emission equations'' are emission 
data. The CAA precludes ``emission data'' from being treated as 
confidential.
    Based on subsequent industry concerns regarding the potential 
release of data elements categorized as ``inputs to emission 
equations,'' the EPA deferred reporting of these data elements (see 
August 25, 2011 final action, 76 FR 53057) to allow the EPA to complete 
its evaluation of the potential impact from the public release of these 
data elements (see 76 FR 53060, August 25, 2011) and, if appropriate, 
to propose amendments to Part 98 (see 75 FR 81355, December 27, 2010). 
Based on the analysis conducted, today's action proposes amendments to 
reporting and recordkeeping requirements and an alternative 
verification approach for certain reporters subject to 24 subparts for 
which the reporting deadline for inputs to emission equations was 
deferred until 2015 and disclosure concerns have been identified. 
Proposed amendments include:
     Adding a requirement for certain reporters under 24 
subparts to use an EPA-provided inputs verification tool. For these 
subparts, the designated inputs to emission equations for which 
reporting was deferred to 2015 and disclosure concerns have been 
identified would be entered into the tool.\1\ The tool would calculate 
the emissions and perform electronic verification. The tool would not 
retain the entered inputs (i.e., the inputs would not be reported to 
EPA); instead, the tool would conduct certain checks (e.g., accuracy of 
the inputs) at the time of data entry and generate a verification 
summary. The verification summary, which would be accessible to the EPA 
once the annual report is submitted, would provide the EPA with 
information to conduct further verification if necessary.
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    \1\ Under this proposal, the inputs verification tool would not 
be required to be used by reporters for any reported GHG for which 
the reporter uses a CEMS or an EPA-approved alternative method (as 
allowed under sections 98.33(a)(5), 98.53(a)(2), and 98.223(a)(2) of 
Part 98) to calculate the reported GHG value, rather than using 
``inputs to equations'' data elements and the associated EPA-
provided calculation methodologies to calculate the reported GHG 
value.
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     For reporters required to use the inputs verification 
tool, changing the required format for maintaining records of these 
inputs to emission equations.
     For reporters required to use the inputs verification 
tool, lengthening the record retention period from 3 to 5 years for all 
records maintained under Part 98 (including subparts that do not 
require the use of the tool).
     For certain reporters required to use the inputs 
verification tool, adding new data elements to be reported for the 
EPA's verification purposes, and proposing confidentiality

[[Page 55997]]

determinations for the new data elements proposed to be reported.
     For reporters required to use the inputs verification 
tool, removing the requirement to report the inputs to emission 
equations for which reporting was deferred to 2015 and disclosure 
concerns have been identified, and requiring these data to be kept as 
records.
    Reporting requirements for inputs to equations for which disclosure 
concerns were not identified (and would still be useful to the EPA) are 
not proposed to be amended in this action. For these inputs to 
equations, the deferral would expire in March 2015, and the EPA would 
collect these data.
    The proposed changes in this action build on the EPA's experience 
and success with electronic reporting and verification during the first 
3 years of the GHGRP. By requiring the use of the inputs verification 
tool, which would calculate GHG emissions based on the inputs to the 
emissions equations, the EPA would have the ability to identify 
facilities that potentially reported emissions incorrectly. This, 
combined with additional verification checks of the inputs to emission 
equations that the inputs verification tool would conduct (during the 
process of reporters entering data into the inputs verification tool), 
would provide the EPA with information necessary to conduct further 
verification once the annual report is submitted. This alternative 
verification approach, including the changes to the recordkeeping 
requirements and additional reporting requirements, would provide an 
alternative to collecting certain data elements for which reporting was 
deferred to March 31, 2015 and disclosure concerns have been 
identified, while maintaining the EPA's ability to verify data and 
ensure compliance with the GHGRP.

B. Background

    On October 30, 2009, the EPA published the Greenhouse Gas Reporting 
Rule, 40 CFR part 98, requiring annual reporting of GHG data from a 
broad range of industry sectors (74 FR 56260). Under the Greenhouse Gas 
Reporting Rule and its subsequent amendments (hereinafter referred to 
as ``Part 98''), the EPA requires annual reporting of data from certain 
facilities and suppliers above specified emission or quantity supplied 
thresholds. On July 7, 2010 (75 FR 39094) and subsequent proposals (77 
FR 1434, January 10, 2012; and 77 FR 10434, February 22, 2012), we 
proposed confidentiality determinations for the data elements required 
to be reported. The confidentiality of each reported data element was 
determined using a two-step approach: (1) Grouping data elements into 
11 data categories (e.g., inputs to emission equations, emissions, and 
unit/process operating characteristics that are not inputs to emission 
equations for direct emitter source categories); and (2) making 
confidentiality determinations either categorically or on an individual 
data elements basis. Refer to both the July 7, 2010 proposal (75 FR 
39097) and the May 26, 2011 final rule (76 FR 30785--30786) for more 
detailed descriptions of this process. Refer to the May 26, 2011 final 
rule also for a discussion of individual data element confidentiality 
determinations. We have finalized confidentiality determinations for 
data elements except those in the ``inputs to emission equations'' 
category (May 26, 2011, 76 FR 30782; August 13, 2012, 77 FR 48072; and 
August 24, 2012, 77 FR 51477).\2\ For data elements in this category, 
we proposed that they meet the definition of ``emission data'' under 40 
CFR 2.301(a)(2)(i). Because emission data are not entitled to 
confidential treatment under section 114(c) of the Clean Air Act, we 
did not evaluate whether such data elements would qualify as CBI, 
including whether disclosure would likely cause substantial competitive 
harm to the reporting facilities (75 FR 39105 and 39108, July 7, 2010).
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    \2\ There are a small number of data elements (besides data 
elements categorized as ``inputs to emission equations'') for which 
we have not made a final confidentiality determinations because we 
concluded that a determination of confidentiality for the data 
element should be made on a case-by-case facility basis (according 
to individual circumstances of the facility).
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    Following our proposal that data elements assigned to the ``inputs 
to emission equations'' category are not entitled to confidential 
treatment, we received numerous industry comments asserting that 
competitive harm would result from public release of many of these data 
elements. We determined that ``these concerns warranted an in-depth 
evaluation of the potential impact from the release of inputs to 
emission equations.'' (76 FR 53060, August 25, 2011). In a notice dated 
December 27, 2010, we issued a call for information (75 FR 81354) 
requesting additional information to assist us in conducting our 
evaluation. To allow sufficient time to complete this evaluation 
through notice and comment, we deferred the reporting deadline for data 
elements assigned to the ``inputs to emission equation'' category. 
Reporting of certain of these data elements was deferred to March 31, 
2013, as specified in Table A-6 to subpart A; and reporting of the 
remainder of these data elements was deferred to March 31, 2015, as 
specified in Table A-7 to subpart A (see the August 25, 2011 final 
rule, 76 FR 53057).
    Our process for evaluating competitive harm was documented in the 
final deferral notice (76 FR 53057, August 25, 2011) and the 
accompanying memorandum entitled ``Process for Evaluating and 
Potentially Amending Part 98 Inputs to Emission Equations'' (Docket ID 
EPA-HQ-OAR-2010-0929). As discussed in the final deferral notice and 
memorandum, our evaluation involved a four-step process, as follows:
     Step 1: Determine whether each data element assigned to 
the ``inputs to emission equations'' category is already publicly 
available.
     Step 2: For data elements assigned to the ``inputs to 
emission equations'' category that are not publicly available, evaluate 
whether disclosure of the information is likely to result in 
substantial competitive harm.
     Step 3: For data elements assigned to the ``inputs to 
emission equations'' category that are likely to cause substantial 
competitive harm if disclosed, evaluate potential alternative 
calculation methods.
     Step 4: For data elements assigned to the ``inputs to 
emission equations'' category that are likely to cause substantial 
competitive harm if disclosed, evaluate potential alternative 
verification methods.
    Based on each step of the four-step evaluation process, an analysis 
of all data elements for which reporting was deferred to March 31, 2015 
was conducted.\3\ The results of the analysis are documented in four 
memoranda, as follows:
---------------------------------------------------------------------------

    \3\ Based on the same four-step process, we also evaluated all 
data elements for which reporting was deferred to March 31, 2013 
(Table A-6 to Part 98) and took no further action. As a result, 
applicable facilities were required to report these data by April 1, 
2013. For a discussion of this evaluation, refer to the EPA's 
memorandum ``Summary of Evaluation of Greenhouse Gas Reporting 
Program (GHGRP) Part 98 ``Inputs to Emission Equations'' Data 
Elements Deferred Until 2013'' (December 17, 2012), available at 
http://www.epa.gov/ghgreporting/documents/pdf/2012/documents/2013-inputs-memo.pdf.
---------------------------------------------------------------------------

     ``Evaluation of Public Availability of Inputs to Emission 
Equations for which Reporting was Deferred to March 31, 2015.''
     ``Evaluation of Competitive Harm from Disclosure of 
`Inputs to Equations' Data Elements Deferred to March 31, 2015.''
     ``Evaluation of Alternative Calculation Methods.''
     ``Evaluation of Alternative Verification Approaches For

[[Page 55998]]

Greenhouse Gas Reporting Rule Subparts for which Reporting of Inputs to 
Emission Equations was Deferred to March 31, 2015.''
    These memoranda are available in EPA docket ID No. EPA-HQ-OAR-2010-
0929. Based on the results of these analyses, the EPA is proposing in 
today's action to make certain amendments to Part 98.

C. Subparts Covered in This Proposed Rule

    The proposed amendments affect all subparts listed in Table 2 of 
this preamble. Table 2 includes most of the subparts of Part 98 with 
inputs to emission equations for which the reporting deadline was 
deferred until 2015. Subpart W (Petroleum and Natural Gas Systems), 
subpart II (Industrial Wastewater Treatment), and subpart C (only 
certain combustion units associated with certain electric generators 
connected and able to deliver power to the local or regional electric 
power grid, as specified in Table 2) are not included in Table 2 
because none of the inputs to emission equations required to be 
reported by reporters in these source categories are being amended, as 
no disclosure concerns were identified. Subpart I is not included in 
Table 2 because reporting of inputs to emission equations under this 
subpart was addressed under a separate rulemaking proposed on October 
16, 2012 (77 FR 63538). Additionally, parts of these proposed rule 
amendments would affect subparts not listed in Table 2. Specifically, 
for reporters subject to both a subpart listed in Table 2 and a subpart 
of Part 98 not listed in this table, the proposed revision to the 
recordkeeping duration would apply to the records required for all Part 
98 subparts (to which the reporter is subject). Refer to Sections II.C 
and III.B of this preamble for further discussion of this proposed 
amendment.

        Table 2--Subparts Affected by the Proposed Amendments1 2
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                 Subpart
------------------------------------------------------------------------
C--General Stationary Fuel           S--Lime Manufacturing.
 Combustion except Specified
 Stationary Fuel Combustion Sources
 Connected to Certain Electric
 Generators that are Connected and
 Able to Deliver Power to the Local
 or Regional Electric Power Grid
 \3\
E--Adipic Acid Production            U--Miscellaneous Uses of Carbonate.
F--Aluminum Production               V--Nitric Acid Production.
G--Ammonia Manufacturing             X--Petrochemical Production.
H--Cement Production                 Y--Petroleum Refineries.
K--Ferroalloy Production             Z--Phosphoric Acid Production.
L--Fluorinated Gas Production        AA--Pulp and Paper Manufacturing.
N--Glass Production                  BB--Silicon Carbide Production.
O--HCFC-22 Production and HFC-23     CC--Soda Ash Manufacturing.
 Destruction
P--Hydrogen Production               EE--Titanium Dioxide Production.
Q--Iron and Steel Production         GG--Zinc Production.
R--Lead Production                   TT--Industrial Waste Landfills.
------------------------------------------------------------------------
\1\ Certain proposed amendments affect other subparts not listed in this
  table as follows: for reporters subject to both a subpart listed in
  this table and a subpart of Part 98 not listed in this table, the
  proposed revision to the recordkeeping duration would apply to the
  records required for all Part 98 subparts to which the reporter is
  subject.
\2\ Under this proposal, the inputs verification tool would not be
  required to be used by reporters for any reported GHG for which the
  reporter uses a CEMS or an EPA-approved alternative method (as allowed
  under 40 CFR 98.33(a)(5), 98.53(a)(2), and 98.223(a)(2)) to calculate
  the reported GHG value, rather than using ``inputs to equations'' data
  elements and the associated EPA-provided calculation methodologies to
  calculate the reported GHG value.
\3\ The stationary fuel combustion sources (e.g., individual units,
  aggregations of units, common pipes, or common stacks) not affected by
  the proposed amendments include those meeting both of the following
  criteria: (1) The stationary fuel combustion source contains at least
  one combustion unit connected to a fuel-fired electric generator that
  has been granted access by the Public Utilities Commission to deliver
  power to the local or regional electric power grid (excluding
  generators connected to combustion units that are subject to 40 CFR
  part 98, subpart D); and (2) the stationary fuel combustion source is
  located at a facility for which the sum of the nameplate capacities
  for all such electric generators is greater than or equal to 1
  megawatt electric output. Refer to Section III.A.3 of this preamble
  for a discussion of the EPA's rationale for proposing that combustion
  units meeting these criteria not be affected by the proposed
  amendments.

D. Legal Authority

    The EPA is proposing these rule amendments under its existing CAA 
authority provided in CAA section 114. As stated in the preamble to the 
2009 final GHG reporting rule (74 FR 56260, October 30, 2009), CAA 
section 114(a)(1) provides the EPA broad authority to require the 
information proposed 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. See the preambles to the proposed (74 FR 16448, 
April 10, 2009) and final Part 98 (74 FR 56260, October 30, 2009) for 
further information.
    In addition, pursuant to sections 114, 301, and 307 of the CAA, the 
EPA is proposing confidentiality determinations for the new data 
elements proposed in this notice. Section 114(c) of the CAA requires 
that the EPA make publicly available information obtained under CAA 
section 114 except for information (excluding emission data) that 
qualifies for confidential treatment. The Administrator has determined 
that this action (Part 98 amendment and confidentiality determinations) 
is subject to the provisions of CAA section 307(d).

II. Summary of Proposed Changes to Part 98 Reporting and Recordkeeping 
Requirements

    The EPA is proposing revisions to the reporting and recordkeeping 
requirements in Part 98 and alternative verification procedures that 
would apply to certain reporters subject to any of the 24 subparts 
listed in Table 2 of this preamble. Section II.A of this preamble 
summarizes a proposed new requirement for these reporters if they use 
inputs to emission equations for which reporting was deferred to March 
31, 2015 (hereafter referred to as ``inputs to equations'' data 
elements) to calculate reported GHGs. Such reporters would be required 
to use an EPA-provided electronic inputs verification tool to

[[Page 55999]]

calculate emissions using ``inputs to equations'' data elements, 
allowing the EPA to complete electronic verification of reported GHG 
emissions data without the need to collect ``inputs to equations'' data 
elements for which disclosure concerns have been identified. Section 
II.B of this preamble summarizes the EPA's proposal to remove, for 
these reporters, the requirement to report many ``inputs to equations'' 
data elements. Section II.C of this preamble summarizes proposed 
revisions to the recordkeeping requirements for these reporters. 
Section II.D of this preamble summarizes proposed new reporting 
requirements for these reporters. Section III of this preamble explains 
the rationale for the proposed amendments summarized in Sections II.A 
through II.D of this preamble. Section IV of this preamble presents the 
EPA's proposed confidentiality determinations for proposed new data 
elements and the EPA's rationale for these determinations. Section V of 
this preamble presents the cost and impacts associated with these 
proposed amendments.

A. Proposed Use of Inputs Verification Tool

    The EPA is proposing that facilities subject to the subparts listed 
in Table 2 of this preamble and that use ``inputs to equations'' data 
elements to calculate reported GHGs use an electronic inputs 
verification tool being developed by the EPA, which would calculate and 
verify GHG emissions. Refer to Section III.A.1 of this preamble for a 
web-link to the EPA's ``pilot'' inputs verification tool for one 
subpart of Part 98, available during the public comment period for this 
rulemaking. The ``pilot'' demonstrates how the tool would work within 
the EPA's Electronic Greenhouse Gas Reporting Tool (e-GGRT), as well as 
the types of verification checks that would be conducted. The inputs 
verification tool would be deployed within e-GGRT and would be 
integrated without interrupting the current electronic reporting 
process. While reporters enter data into e-GGRT that are required to be 
reported in the annual report, reporters would also enter into e-GGRT 
(via the inputs verification tool) the ``inputs to equations'' data 
elements that the EPA is proposing to remove from the reporting 
requirements. The tool would use the entered ``inputs to equations'' 
data elements to calculate the equation outputs, conduct electronic 
verification checks on the ``inputs to equations'' data elements, and 
generate a verification summary. The tool would not retain the entered 
``inputs to equations'' data elements for which the EPA is proposing 
that the reporting requirement be removed. Accordingly, the EPA would 
not have access to these ``inputs to equations'' data elements. 
Instead, the EPA would rely on the verification summary, which would 
become accessible to the EPA when annual reports are submitted, as a 
first step for conducting verification once the annual report is 
submitted.
    Sources subject to multiple subparts under Part 98 would be 
required to use the inputs verification tool for only those subparts 
listed in Table 2 of this preamble. The EPA is proposing that reporters 
use this tool starting with reporting year 2014. Refer to Section III.A 
of this preamble for further discussion of this proposed requirement.
    This proposed requirement to use the inputs verification tool is 
specified in 40 CFR 98.5, subpart A. Reporters would determine 
applicability under this new requirement based on a proposed new Table 
A-8 to Subpart A, which lists all calculation methods under Part 98 for 
which the inputs verification tool must be used. Reporters calculating 
reported GHGs using a calculation method specified in proposed Table A-
8 would be required to enter into the inputs verification tool ``inputs 
to equations'' data elements that have been removed from the reporting 
requirements.

B. Proposed Revisions to Reporting of Data Elements Deferred Until 2015

    The EPA is proposing to remove the reporting requirement for 440 
``inputs to equations'' data elements in the subparts listed in Table 2 
of this preamble. Table 3 of this preamble provides a summary of how 
many data elements would be removed from reporting for each subpart. 
Refer to Table 1 in the memorandum ``List of `Inputs to Equations' Data 
Elements Proposed Not To Be Reported'' (refer to Docket ID No. EPA-HQ-
OAR-2010-0929) for a complete list of these 440 data elements. For all 
remaining ``inputs to equations'' data elements not represented in 
Table 3 of this preamble, the EPA is not amending these reporting 
requirements and would, therefore, let the deferral of these data 
elements expire on March 31, 2015. As a result, by March 31, 2015, all 
of the ``inputs to equations'' data elements for subpart W (Petroleum 
and Natural Gas Systems), subpart II (Industrial Wastewater Treatment), 
and the additional ``inputs to equations'' data elements for which 
reporting is not proposed to be removed as indicated in Table 3 of this 
preamble, would be reported for future reporting years and for all 
prior reporting years, including reporting year 2014. For a list of 
these ``inputs to equations'' data elements that would be reported, 
refer to Table 2 of the memorandum cited above.

                         Table 3--Subparts for Which Reporting Requirements Are Amended
----------------------------------------------------------------------------------------------------------------
                                                                                          Number of ``inputs to
                                                                 Number of ``inputs to       equations'' data
                            Subpart                                 equations'' data      elements proposed not
                                                                        elements              to be reported
----------------------------------------------------------------------------------------------------------------
C--General Stationary Fuel Combustion Except Specified                           \1\ 26                   \1\ 26
 Stationary Fuel Combustion Sources Connected to Certain
 Electric Generators Connected and Able to Deliver Power to
 the Local or Regional Power Grid \2\.........................
E--Adipic Acid Production.....................................                       21                       11
F--Aluminum Production........................................                       29                       29
G--Ammonia Manufacturing......................................                        8                        8
H--Cement Production..........................................                       16                       14
K--Ferroalloy Production......................................                       13                       13
L--Fluorinated Gas Production.................................                       55                       46
N--Glass Production...........................................                        3                        3
O--HCFC-22 Production and HFC-23 Destruction..................                       15                       12
P--Hydrogen Production........................................                        7                        7
Q--Iron and Steel Production..................................                       93                       92
R--Lead Production............................................                       10                       10
S--Lime Manufacturing.........................................                        9                        9

[[Page 56000]]

 
U--Miscellaneous Uses of Carbonate............................                        6                        6
V--Nitric Acid Production.....................................                       21                        6
X--Petrochemical Production...................................                       21                       21
Y--Petroleum Refineries.......................................                       80                       75
Z--Phosphoric Acid Production.................................                        4                        4
AA--Pulp and Paper Manufacturing..............................                       31                       28
BB--Silicon Carbide Production................................                        3                        3
CC--Soda Ash Manufacturing....................................                       10                        4
EE--Titanium Dioxide Production...............................                        2                        2
GG--Zinc Production...........................................                        8                        8
TT--Industrial Waste Landfills................................                        3                        3
----------------------------------------------------------------------------------------------------------------
\1\ Includes one ``inputs to equations'' data element, 40 CFR 98.3(d)(3)(v), which is specified in subpart A of
  Part 98 and applies to only certain reporters under 40 CFR part 98, subpart C.
\2\ The reporting requirements applicable to certain stationary fuel combustion sources (e.g., individual units,
  aggregations of units, common pipes, or common stacks) subject to 40 CFR part 98, subpart C remain the same
  under the proposed amendment. Subpart C would continue to require reporting of all applicable ``inputs to
  equations'' data elements for stationary fuel combustion sources that meet both of the following criteria: (1)
  The stationary fuel combustion source contains at least one combustion unit connected to a fuel-fired electric
  generator that has been granted access by the Public Utilities Commission to deliver power to the local or
  regional electric power grid (excluding generators connected to combustion units that are subject to 40 CFR
  part 98, subpart D); and (2) the stationary fuel combustion source is located at a facility for which the sum
  of the combined nameplate capacities for all such electric generators is greater than or equal to 1 megawatt
  electric output. Subpart C reporters would not report ``inputs to equations'' data elements for all other
  types of stationary fuel combustion sources subject to subpart C.

    In order to ease the burden for facilities, the EPA is proposing 
that the ``inputs to equations'' data elements that are not being 
amended in this action (and therefore would be reported for reporting 
years prior to reporting year 2014) be reported as part of the annual 
report for reporting year 2014. Specifically, when reporters prepare 
their reporting year 2014 annual report via e-GGRT, they would be 
required to include these ``inputs to equations'' data elements for 
reporting year 2014 as well as for all applicable previous reporting 
years. The annual report, including these ``inputs to equations'' data 
elements that would still be reported, would be submitted via e-GGRT. 
This proposed approach would prevent facilities from being required to 
revise, re-certify, and re-submit annual reports for each previous 
reporting year.

C. Proposed Changes to Recordkeeping Requirements

    For each facility subject to a subpart listed in Table 2 of this 
preamble that uses ``inputs to equations'' data elements to calculate 
and report GHGs (i.e., subject to using the proposed inputs 
verification tool), the EPA is proposing that the facility retain all 
records, including records for subparts not subject to the inputs 
verification tool requirement, for 5 years, rather than the current 3-
year record retention period. In other words, if any facility subject 
to using the proposed inputs verification tool is also subject to a 
subpart of Part 98 not listed in Table 2, we propose that records 
required for those other subparts also be maintained for the 5 years. 
For example, if such a facility is required to report under both 
subpart C (in Table 2) and subpart HH (not in Table 2), the facility 
would be required to maintain all records required under both subparts 
for 5 years following submittal of the annual report. The EPA is 
proposing that this 5-year record retention requirement begin with 
records for reporting year 2010.
    Additionally, we are proposing that, at the time a reporter subject 
to using the proposed inputs verification tool completes entry of all 
``inputs to equations'' data elements into the tool, the reporter would 
be required to keep a file generated by the tool that lists the entered 
``inputs to equations'' data elements. The reporter would be required 
to maintain a copy of the file as a record of the entered inputs. As 
currently required in 40 CFR 98.3(g), subpart A, this file may be 
maintained in electronic or hard copy format. As discussed above, this 
record would be required to be maintained for 5 years.
    Refer to Section III.B of this preamble for further discussion of 
these proposed recordkeeping requirements.

D. Proposed New Data Elements To Be Reported

    The EPA is proposing that reporters subject to using the proposed 
inputs verification tool in subparts E, G, H, P, Q, S, V, X, Y, and AA 
of Part 98, be required to report the additional data elements listed 
per subpart in Table 4 of this preamble. Proposed confidentiality 
determinations for these proposed data elements are presented in 
Section IV of this preamble.

Table 4--Proposed New Data Elements for Subparts E, G, H, P, Q, S, V, X,
                          Y, and AA of Part 98
------------------------------------------------------------------------
    Subpart          Subpart name        New data element description
------------------------------------------------------------------------
E..............  Adipic Acid          Annual quantity of cyclohexane fed
                  Production.          to all production lines (metric
                                       tons).
                                      Annual percent N2O emission
                                       reduction for all production
                                       units combined.
G..............  Ammonia Production.  Annual ammonia production (metric
                                       tons).
                                      Annual methanol production (metric
                                       tons), if this quantity is not
                                       reported under subpart X.
H..............  Cement Production..  Annual clinker production (metric
                                       tons).
                                      Annual average clinker CO2
                                       emission factor for the facility,
                                       averaged across all kilns (metric
                                       tons CO2/metric ton clinker
                                       produced).
                                      Annual average cement kiln dust
                                       (CKD) CO2 emission factor for the
                                       facility, averaged across all
                                       kilns (metric tons CO2/metric ton
                                       CKD produced).

[[Page 56001]]

 
P..............  Hydrogen Production  Name and annual quantity (metric
                                       tons) of each carbon-containing
                                       fuel and feedstock.
                                      Annual methanol production (metric
                                       tons), if this quantity is not
                                       reported under subpart X.
Q..............  Iron and Steel       If you use the carbon mass balance
                  Production.          method in 40 CFR 98.173(b)(1) to
                                       determine CO2 emissions: The
                                       annual mass (metric tons) of all
                                       gaseous, liquid, and solid fuels
                                       (combined) used in process units
                                       specified in Equations Q-1
                                       through Q-7 of subpart Q,
                                       calculated as specified in a
                                       proposed new Equation Q-9 of
                                       subpart Q in the proposed rule
                                       amendments. Do not include fuel
                                       used in a stationary combustion
                                       unit where emissions are reported
                                       under subpart C.
                                      If you use the carbon mass balance
                                       method in 40 CFR 98.173(b)(1) to
                                       determine CO2 emissions: The
                                       annual mass (metric tons) of all
                                       non-fuel material inputs
                                       (combined) specified in Equations
                                       Q-1 through Q-7 of subpart Q,
                                       calculated as specified in a
                                       proposed new Equation Q-10 of
                                       subpart Q in the proposed rule
                                       amendments.
                                      If you use the carbon mass balance
                                       method in 40 CFR 98.173(b)(1) to
                                       determine CO2 emissions: The
                                       annual mass (metric tons) of all
                                       solid and liquid products and
                                       byproducts (combined) specified
                                       in Equations Q-1 through Q-7 of
                                       subpart Q, calculated as
                                       specified in a proposed new
                                       Equation Q-11 of subpart Q in the
                                       proposed rule amendments.
                                      If you use the carbon mass balance
                                       method in 40 CFR 98.173(b)(1) to
                                       determine CO2 emissions: The
                                       weighted average carbon content
                                       of all gaseous, liquid, and solid
                                       fuels (combined) included in
                                       proposed new Equation Q-9 of
                                       subpart Q, calculated as
                                       specified in a proposed new
                                       Equation Q-12 of subpart Q in the
                                       proposed rule amendments.
                                      If you use the carbon mass balance
                                       method in 40 CFR 98.173(b)(1) to
                                       determine CO2 emissions: The
                                       weighted average carbon content
                                       of all non-fuel inputs to all
                                       furnaces (combined) included in
                                       proposed new Equation Q-10 of
                                       subpart Q, calculated as
                                       specified in a proposed new
                                       Equation Q-13 of subpart Q in the
                                       proposed rule amendments.
                                      If you use the carbon mass balance
                                       method in 40 CFR 98.173(b)(1) to
                                       determine CO2 emissions: The
                                       weighted average carbon content
                                       of all solid and liquid products
                                       and byproducts from all furnaces
                                       (combined) included in a proposed
                                       new Equation Q-11 of subpart Q in
                                       the proposed rule amendments,
                                       calculated as specified in new
                                       Equation Q-14 of subpart Q.
S..............  Lime Manufacturing.  Annual quantity (metric tons) of
                                       lime product sold, by type.
V..............  Nitric Acid          Annual percent N2O emission
                  Production.          reduction for all production
                                       units combined.
X..............  Petrochemical        If using the mass balance method
                  Production.          or CEMS method to calculate GHG
                                       emissions: Name and annual
                                       quantity (in metric tons) of each
                                       carbon-containing feedstock.
                                      If using the mass balance method
                                       or CEMS method to calculate GHG
                                       emissions: Name and annual
                                       quantity (in metric tons) of each
                                       carbon-containing co-product.
Y..............  Petroleum            Annual quantity of flare gas
                  Refineries.          combusted (in MMscf per year)
                                       (only when using Equation Y-3 of
                                       subpart Y).
                                      Annual average molecular weight of
                                       flare gas combusted (in mmBtu per
                                       MMscf) (only when using Equation
                                       Y-3 of subpart Y).
                                      Annual average carbon content of
                                       flare gas combusted (expressed as
                                       a decimal fraction)(only when
                                       using Equation Y-3 of subpart Y).
AA.............  Pulp and Paper       For each pulp mill lime kiln:
                  Manufacturing.       Quantity of calcium oxide (CaO)
                                       produced (metric tons).
                                      For each pulp mill lime kiln:
                                       Percent of annual heat input,
                                       individually for each fossil fuel
                                       type.
                                      For each chemical recovery furnace
                                       and chemical recovery combustion
                                       unit for which you are not using
                                       Equation C-2c of subpart C to
                                       calculate CO2 emissions: Annual
                                       mass of steam generated (lb
                                       steam), individually for each
                                       fossil fuel type and for spent
                                       liquor solids.
                                      For each chemical recovery furnace
                                       and chemical recovery combustion
                                       unit for which you are not using
                                       Equation C-2c of subpart C to
                                       calculate CO2 emissions: Ratio of
                                       the unit's maximum rated heat
                                       input capacity to its design
                                       rated steam output capacity
                                       (mmBtu/lb steam), individually
                                       for each fossil fuel type and for
                                       spent liquor solids.
------------------------------------------------------------------------

III. Rationale for Proposed Changes to Reporting and Recordkeeping 
Requirements

    Based on the four-step evaluation described in Section I.B of this 
preamble, in particular the disclosure concerns discussed in ``Step 2'' 
of the evaluation and the alternatives considered in ``Step 3'' and 
``Step 4'' of the evaluation to address those disclosure concerns, the 
EPA is proposing an alternative verification approach. This approach 
involves use of an inputs verification tool and revisions to the 
reporting and recordkeeping requirements of Part 98. The EPA's 
rationale for this approach is presented in Sections III.A through C 
below. Section III.A addresses the proposed inputs verification tool 
and revisions to the requirement to report certain ``inputs to 
equations'' data elements. Section III.B addresses the proposed 
revisions to recordkeeping requirements. Section III.C addresses the 
proposed addition of new reporting requirements.

A. Proposed Inputs Verification Tool and Amendment to Reporting 
Requirements

    The EPA is proposing that facilities using ``inputs to equations'' 
data elements to calculate reported GHGs under the subparts listed in 
Table 2 of this preamble use an EPA-provided electronic inputs 
verification tool, which would calculate and verify GHG emissions. The 
inputs verification tool would be deployed within e-GGRT and integrated 
without interrupting the current electronic reporting process. 
Reporters would enter their ``inputs to equations'' data elements into 
the tool within the e-GGRT system along with the data required to be 
reported in the annual report (concurrent entry of ``inputs to 
equations'' data elements and data required for the annual report would 
be required starting in reporting year 2014, as further discussed in 
Section III.A.2 of this preamble). As a

[[Page 56002]]

built-in feature of the e-GGRT system, the tool would use the entered 
``inputs to equations'' data elements to calculate the equation 
outputs, conduct electronic verification checks on the ``inputs to 
equations'' data elements, and generate a verification summary. The 
tool would not retain the entered ``inputs to equations'' data elements 
for which the EPA is proposing that the reporting requirement be 
removed.\4\ Accordingly, unlike data currently reported to the EPA 
through e-GGRT, the EPA would not have access to these ``inputs to 
equations'' data elements.
---------------------------------------------------------------------------

    \4\ Please see section III.A.3 of this preamble for a discussion 
on which ``inputs to equations'' data elements the EPA is proposing 
that the reporting requirements be removed.
---------------------------------------------------------------------------

    Any such sources subject to multiple subparts under Part 98 would 
be required to use the tool for only those subparts listed in Table 2 
of this preamble, as discussed in the following section.
1. Detailed Description of Inputs Verification Tool
    The EPA's current verification approach consists of electronic 
verification checks followed by direct follow-up with facilities. For 
subparts where the reporting of inputs to emission equations has been 
deferred until 2015, these checks have been conducted using reported 
data other than inputs to emission equations (the reporting of which 
was deferred). For ``supplier'' subparts \5\ (and starting in reporting 
year 2012 for subparts with inputs to emission equations that were 
deferred until 2013), these checks have been conducted using reported 
data that include the data needed to calculate outputs of the 
equations. Reporters under the supplier subparts have been entering 
into e-GGRT the data needed to calculate the annual GHG quantities. For 
reporters under the direct emitter subparts listed in Table 2 of this 
preamble that are using ``inputs to equations'' data elements to 
calculate reported GHGs, the EPA is proposing to use an approach 
similar to that currently used for the supplier subparts, where 
``inputs to equations'' data elements would be entered into the inputs 
verification tool within e-GGRT and used to calculate the annual GHG 
emission values and verify these emission values. The difference, 
however, is that these ``inputs to equations'' data elements would be 
entered into this new inputs verification tool within e-GGRT and would 
not be reported to the EPA.
---------------------------------------------------------------------------

    \5\ Supplier subparts (subparts LL through PP of Part 98) apply 
to fossil fuel suppliers and industrial gas suppliers. The e-GGRT 
system currently calculates equation outputs for suppliers using 
reported equations inputs. Subpart MM reporters began using e-GGRT 
for reporting in Reporting Year 2012.
---------------------------------------------------------------------------

    To access the inputs verification tool, reporters would log into e-
GGRT. They would enter data elements required for the annual report as 
well as their ``inputs to equations'' data elements. The tool would 
operate securely within e-GGRT, as a transient process, which means 
that ``inputs to equations'' data elements (for which the EPA is 
proposing that the reporting requirement be removed) entered into the 
tool would be temporarily saved in the tool while the reporter is 
actively using the tool, but would not be persisted (i.e., saved) 
within the e-GGRT database. The ``inputs to equations'' data elements 
would be discarded when the user's session with e-GGRT ends. Refer to 
the memorandum ``Technical Approach and Design for Inputs Verification 
Tool'' (refer to Docket ID No. EPA-HQ-OAR-2010-0929) for a detailed 
description of EPA's technical approach and design for the inputs 
verification tool. The memorandum describes how the inputs verification 
tool would use entered data only during the reporters' e-GGRT session 
and would delete all records of entered data when the reporters exits 
the system.
    If the reporter exits the inputs verification tool prior to 
completing data entry or submitting their annual report, the tool would 
generate a file of entered ``inputs to equations'' data elements, and 
allow the reporter to download the file. This file could then be 
uploaded into the tool when the reporter next uses the tool to continue 
with data entry for the same reporting year. This would avoid 
facilities from needing to re-enter ``inputs to equations'' data 
elements that were entered in previous e-GGRT sessions.
    After the reporter enters the ``inputs to equations'' data elements 
into the inputs verification tool, the tool would calculate the annual 
GHG emissions values. The tool would use the following information in 
calculating these values: (1) ``Inputs to equations'' data elements 
(for which reporting under this action is proposed to be removed) 
entered into the tool, (2) ``inputs to equations'' data elements 
entered into e-GGRT (not into the inputs verification tool) (refer to 
Section III.A.3 of this preamble for a discussion of the ``inputs to 
equations'' data elements that would still be reported under this 
proposal), (3) information entered into e-GGRT identifying which Part 
98 calculation method was selected (if applicable), and (4) the 
selected Part 98 calculation method. Once the annual GHG emissions 
values are calculated, the values would be pre-filled into the 
appropriate reporting fields within e-GGRT. Reporters would then have 
the opportunity to override the annual GHG emissions values calculated 
by the tool with their own calculated value. If the reporter chose to 
override the calculated value, this would be reflected in the 
verification summary.
    Prior to annual report submittal, the inputs verification tool 
would conduct a series of verification checks, including the following:
     Verification checks on the annual GHG emission values 
calculated by the inputs verification tool. As mentioned above, 
reporters would have the opportunity to override and revise the value 
calculated by the tool; however should this occur, the tool would note 
a discrepancy, which would prompt the EPA for further review after the 
reporter submits the annual report.
     Verification checks on entered ``inputs to equations'' 
data elements. For example, the tool would check: (1) Whether all 
required data were entered; (2) whether entered ``inputs to equations'' 
data element values are within the expected ranges for the data 
elements; and (3) whether expected relationships exist between certain 
``inputs to equations'' data elements and certain other reported data 
elements (e.g., process raw material or throughput data that are not 
``inputs to equations'' data elements).
    Some of these checks would be conducted as the reporter enters 
``inputs to equations'' data elements (i.e., using ``real-time'' 
checking), and other checks would be conducted after the reporter has 
entered all ``inputs to equations'' data elements, because some 
algorithms may compare certain ``inputs to equations'' data elements 
(e.g., production quantity) to GHG emission values at the subpart or 
facility level.
    Also, prior to submittal of the annual report, the inputs 
verification tool would generate a verification summary containing the 
results of the verification checks. The verification summary would 
specify whether any potential errors, as described above, were 
identified, without specifying the ``inputs to equations'' data 
elements. The reporter would have an opportunity to review the 
verification summary and make necessary revisions to the entered 
``inputs to equations'' data elements and the reported data elements.
    For example, a facility subject to subpart G that manufactures 
ammonia using liquid and solid feedstocks is currently required under 
40 CFR 98.76(b)(1) to report annual CO2 process emissions 
for each ammonia manufacturing unit. Currently, the

[[Page 56003]]

reporter calculates this reported annual GHG emissions value outside of 
e-GGRT (e.g., using a calculator or computer software), using Equations 
G-2, G-3, and G-4 of Part 98, and monthly values for the following 
``inputs to equations'' data elements: Quantity of liquid feedstock, 
quantity of solid feedstock, carbon content value for liquid feedstock, 
and carbon content value for solid feedstock. We are proposing that the 
reporter instead calculate this reported annual GHG emissions value 
using the inputs verification tool, which not only would use the same 
equations and data for calculation, but would also conduct verification 
checks, as follows:
     The reporter would enter all 48 ``inputs to equations'' 
data elements into the inputs verification tool (i.e., monthly values 
for all four ``inputs to equations'' data elements).
     The reporter would use the inputs verification tool to 
calculate annual CO2 process emissions. In calculating this 
value, the tool would use Equations G-2, G-3, and G-4 of Part 98 and 
the 48 ``inputs to equations'' data element entries.
     Once the annual CO2 process emissions value is 
calculated, the inputs verification tool would automatically conduct 
verification checks on the 48 entered ``inputs to equations'' data 
elements. For example, the tool might conduct the following checks:

--Real-time checks that all 48 ``inputs to equations'' data elements 
were entered.
--Real-time checks that each of the 12 entered values for carbon 
content of liquid feedstock is within the expected range for carbon 
content of liquid feedstock (based on industry-wide data). The tool 
would conduct similar comparisons for the 12 entered ``inputs to 
equations'' data elements for the carbon content value for solid 
feedstock.
--Algorithm check comparing each of the 12 entered values of the 
quantity of the liquid feedstock to all monthly values entered for the 
year, to determine if individual values are within an expected range 
established using all 12 values. The tool would conduct similar 
comparisons for the 12 entered ``inputs to equations'' data elements 
for the quantity of solid feedstock. This type of check would be 
conducted after the reporter has entered all ``inputs to equations'' 
data elements.

     Prior to annual report submittal, the inputs verification 
tool would automatically generate a verification summary, which would 
flag any potential errors, providing an opportunity for the reporter to 
review the verification summary and revise entered data. The 
verification summary would note if the reporter has overridden any of 
the annual GHG emissions values calculated by the tool. After the 
reporter completes all revisions to data entries, the tool would 
automatically re-generate the verification summary prior to annual 
report submittal. The EPA would access the verification summary (i.e., 
the same final summary viewed by the reporter) following annual report 
submittal and certification.
     The inputs verification tool would also generate a file 
listing the entered ``inputs to equations'' data elements (for which 
the EPA is proposing to remove the reporting requirements) to be kept 
by the reporter and maintained as a record in a format currently 
allowed under Part 98 (see 40 CFR 98.3(g), subpart A). Refer to Section 
III.B of this preamble for further discussion of this proposed 
amendment and the EPA's rationale for requiring this record.
    The EPA has developed a ``pilot'' inputs verification tool for one 
subpart of Part 98, subpart X, which will be posted at http://www.epa.gov/ghgreporting/reporters/training/rulepilot.html, to 
demonstrate how the tool would work within e-GGRT, as well as the types 
of verification checks that would be conducted. The EPA seeks comment 
on the usability of the tool as well as its ability to conduct 
verification on the ``inputs to equations'' data elements. The EPA also 
seeks comment on additional approaches considered by the EPA for 
implementation of the inputs verification tool; refer to the memorandum 
``Evaluation of Alternative Verification Approaches for Greenhouse Gas 
Reporting Rule Subparts for which Reporting of Inputs to Emission 
Equations was Deferred to March 31, 2015'' (refer to Docket ID No. EPA-
HQ-OAR-2010-0929) for a description of these additional approaches 
considered.
2. Rationale Supporting the Use of the Inputs Verification Tool as an 
Alternative to Collecting Certain ``Inputs to Equations'' Data Elements 
for Verification Purposes
    In the October 30, 2009 final rule (74 FR 56282-56283), the EPA 
described its verification approach as the following two-step process:
     Initial automated review of reported data, using an 
electronic data quality assurance program built into the data system, 
for use by reporters and the EPA to help assure the completeness and 
accuracy of data.
     Based on the initial review results, follow up with 
facilities regarding potential errors, discrepancies, or questions, 
including on-site audits.
    The EPA is currently using the two-step verification process of 
automated verification checks followed by direct follow-up with 
facilities to verify data currently reported via e-GGRT. The EPA is 
proposing to supplement the current verification approach for 
facilities using ``inputs to equations'' data elements to calculate 
reported GHGs under the subparts listed in Table 2 of this preamble 
using the additional checks that would be conducted by the inputs 
verification tool. During the first 3 years of the GHGRP, the EPA has 
had success developing and using an electronic reporting and 
verification system for all subparts reporting under the program. 
During reporting year 2010, the EPA developed approximately 1,400 
electronic verification checks to verify reported data. Based on these 
verification checks, the EPA followed up with approximately 2,360 of 
the approximately 6,700 facilities that reported in reporting year 
2010, resulting in approximately 2,300 facilities resolving 
verification issues by responding to the EPA and/or resubmitting their 
annual report. In reporting year 2011, the EPA programmed an additional 
1,000 checks into e-GGRT for the subparts that were reporting for the 
second year, expanding the number of checks to 2,400. The EPA also 
programmed into e-GGRT, for 2011, approximately 1,300 checks for the 
newly-reporting subparts. During reporting year 2011, the EPA followed 
up with approximately 3,440 of the approximately 8,000 facilities that 
reported, resulting in approximately 3,000 facilities resolving their 
verification issues.
    For example, for subpart H, the EPA verifies reported GHG emissions 
data using: (1) Reported cement production data and (2) publicly 
available industry data on GHG emissions. Using these data, the EPA has 
established ranges of acceptable production and emission values and set 
up algorithm checks for reported GHG emission values.
    The electronic checks used by the GHGRP have served as a means for 
the EPA to verify reported data while minimizing the burden on both the 
EPA and reporters. Electronic verification is a critical first step to 
ensuring the completeness and accuracy of reported data and reducing 
the costs of compliance monitoring.
    The inputs verification tool described in Section III.A.1 of this 
preamble utilizes the same approach that the EPA currently uses for 
calculating and

[[Page 56004]]

verifying data submitted for supplier subparts (and starting in 
reporting year 2012, inputs to emission equations whose reporting 
deadline was deferred until 2013), except that e-GGRT would not retain 
the ``inputs to equations'' data elements entered into the tool. Once 
the annual report is submitted, the EPA would review the verification 
summary generated by the inputs verification tool, along with 
verification summaries that are currently generated using data 
currently collected through the annual report. By requiring use of the 
inputs verification tool, the EPA would have the additional certainty 
that reported annual GHG emissions values either were calculated 
correctly (because the values calculated by the tool were submitted to 
the EPA) or that the EPA would be made aware that there were 
discrepancies between values calculated by the tool and values 
submitted to the EPA. That additional certainty, combined with the 
additional information provided by the range and algorithm checks on 
the ``inputs to equations'' data elements themselves, would provide the 
EPA with information necessary to conduct further verification once the 
annual report is submitted.
    If a potential error with one of the ``inputs to equations'' data 
elements or with an annual GHG emissions value were identified in the 
verification summary generated by the inputs verification tool, the EPA 
would likely follow up with the facility to determine whether an actual 
error has occurred. While this verification approach may result in more 
direct follow-up with facilities than if the ``inputs to equations'' 
data elements were submitted to the EPA, this approach would facilitate 
verification by identifying potential errors and minimizing the number 
of errors before annual reports are submitted. In addition, as 
discussed elsewhere in the preamble, the EPA is retaining the reporting 
requirement for ``inputs to equations'' data elements for which our 
four-step evaluation did not identify disclosure concerns and is 
proposing to require reporting of additional new data elements to 
assist the EPA's verification effort. These ``inputs to equations'' 
data elements for which reporting would be retained and these proposed 
new reported data elements would allow the EPA to conduct additional 
verification and minimize the number of follow-ups with facilities. 
Lastly, for the reasons specified in Section III.B of this preamble, 
the EPA is proposing that facilities retain records for 5 years, which 
would allow the EPA time to perform any necessary follow-up with 
reporters. For the reasons stated above, the EPA has determined that 
the proposed verification approach would be adequate to verify the 
reported emissions for reporters using ``inputs to equations'' data 
elements to calculate reported GHGs under the subparts identified in 
Table 2 of this preamble and is a reasonable alternative to collecting 
``inputs to equations'' data elements for which we have identified 
disclosure concerns.
    The EPA is proposing to require the use of the inputs verification 
tool starting with reporting year 2014. The inputs verification tool is 
designed to be used concurrently with annual reporting by facilities. 
By the time the EPA takes any final action on this proposed amendment, 
reporters would likely have already submitted annual reports for 
reporting years 2010 through 2013. While additional verification could 
be conducted on the past years' data if the inputs verification tool 
were used for these years, given that most of the data would likely 
already have been published and that the use of best available 
monitoring methods (BAMM) for these sectors is relatively low during 
these years, the EPA has determined that the added benefit does not 
outweigh the burden that would be required for facilities to use the 
inputs verification tool for years prior to reporting year 2014.
3. Reporting of 440 ``Inputs to Equations'' Data Elements Would Not Be 
Necessary With the Proposed Verification Approach
    The EPA is proposing to remove the reporting requirement for 440 
``inputs to equations'' data elements that are in the subparts listed 
in Table 2 of this preamble. With the proposed alternative verification 
approach described in Section III.A.2 of this preamble, the EPA would 
no longer need to rely on the collection of these ``inputs to 
equations'' data elements to verify emissions under those subparts. Not 
having these data elements reported would address concerns relative to 
potential disclosure of these data elements.\6\ These 440 data elements 
are specified in Table 1 of the memorandum ``List of Inputs to 
Equations Data Elements Proposed Not To Be Reported'' (refer to Docket 
ID No. EPA-HQ-OAR-2010-0929).
---------------------------------------------------------------------------

    \6\ For 23 of these ``inputs to equations'' data elements, we 
are proposing to remove the reporting requirement because, while 
there is not a disclosure concern, the EPA determined that these 
data elements would not be useful for data verification and would 
not inform future GHG policy development in the absence of other 
data elements for which we are proposing to remove the reporting 
requirement. See section III.A.3 of this preamble for additional 
discussion on this topic.
---------------------------------------------------------------------------

    The 440 ``inputs to equations'' data elements for which the EPA is 
proposing to remove the reporting requirement must be maintained on-
site as records. Because Part 98 already requires these ``inputs to 
equations'' data elements to be kept as records (see 40 CFR 98.3(g)(2), 
which states that ``the data used to calculate the GHG emissions for 
each unit, operation, process, and activity, categorized by fuel or 
material type'' must be kept as records), the EPA is not proposing in 
this action to specify each of the 440 ``inputs to equations'' data 
elements in the recordkeeping section of each subpart. The EPA 
considered whether specifying each of these ``inputs to equations'' 
data elements in the recordkeeping sections of each subpart would 
improve the clarity of the specific records that would be required to 
be retained. Because the EPA is proposing that the ``inputs to 
equations'' data elements that would not be reported must be kept as 
records in the format generated by the inputs verification tool (i.e., 
file for downloading or printing), the EPA determined that the data 
that must be kept as records would be sufficiently clear. The EPA seeks 
comment on whether additional specificity within the recordkeeping 
requirements of each subpart would improve the clarity of the specific 
records that are required to be retained.
    For the purposes of clarifying which data elements must be reported 
for previous reporting years 2010 through 2013, we are proposing to 
revise Table A-7 to Subpart A to remove all 440 data elements for which 
reporting is proposed to be removed. The data elements that are not 
being removed from Table A-7 would continue to be reporting 
requirements, and would be reported for previous reporting years 2010 
through 2013, as appropriate.
    The EPA is retaining reporting of 170 ``inputs to equations'' data 
elements.\7\ Refer to Table 2 in the memorandum ``List of `Inputs to 
Equations' Data Elements Proposed Not To Be Reported'' (refer to Docket 
ID No. EPA-HQ-OAR-2010-0929) for a complete list of these 170 data 
elements. The 170 ``inputs to equations'' data elements include certain 
``inputs to equations'' data elements for the subparts listed in Table 
3 of this preamble, as well as all ``inputs to equations'' data 
elements for subparts

[[Page 56005]]

C (only for specified stationary fuel combustion sources connected to 
certain electric generators that deliver power to the local or regional 
electric power grid),\8\ W, and II of part 98. For these ``inputs to 
equations'' data elements, the EPA is not amending these reporting 
requirements and would therefore let the deferral of these data 
elements expire on March 31, 2015. As a result, these ``inputs to 
equations'' data elements would be reported for future reporting years 
starting with reporting year 2014, as well as for previous reporting 
years (i.e., reporting years 2010 through 2013). Based on ``Step 2'' of 
our evaluation described in Section I.B of this preamble, these data 
elements would not raise disclosure concerns. Having these data 
elements reported would allow the EPA to do additional verification, 
including conduct year-to-year comparisons, thereby reducing the amount 
of direct follow-up required with facilities. For the reason stated 
above, collecting these data elements, even in the absence of 
collecting all ``inputs to equations'' data elements, would aid in the 
verification process.
---------------------------------------------------------------------------

    \7\ These 170 ``inputs to equations'' data elements include nine 
``inputs to equations'' data elements in subpart L of part 98 that 
are not being addressed in this rulemaking because they will be 
addressed in a separate action related to subpart L.
    \8\ Refers to stationary fuel combustion sources (e.g., 
individual units, aggregations of units, common pipes, or common 
stacks) subject to subpart C of Part 98 meeting both of the 
following criteria: (1) The stationary fuel combustion source 
contains at least one combustion unit connected to a fuel-fired 
electric generator that has been granted access by the Public 
Utilities Commission to deliver power to the local or regional 
electric power grid (excluding generators connected to combustion 
units that are subject to subpart D of this part); and (2) the 
stationary fuel combustion source is located at a facility for which 
the sum of the nameplate capacities for all such electric generators 
is greater than or equal to 1 megawatt electric output.
---------------------------------------------------------------------------

    The EPA identified 23 ``inputs to equations'' data elements for 
which disclosure concerns were not identified based on ``Step 2'' of 
our evaluation; however, the EPA is not retaining these reporting 
requirements. The EPA determined that these 23 data elements would not 
be useful for data verification and would not inform future GHG policy 
development in the absence of other ``inputs to equations'' data 
elements for which the reporting requirement is proposed to be removed 
under this action. Examples of these 23 ``inputs to equations'' include 
reporting the selected default molar volume conversion factor and 
reporting the units of measure of a site-specific emission factor. 
These ``inputs to equations'' are identified in the memorandum ``List 
of `Inputs to Equations' Data Elements Proposed Not To Be Reported'' 
(refer to Docket ID No. EPA-HQ-OAR-2010-0929).
    Regarding the 170 retained ``inputs to equations'' data elements, 
for reporting year 2014 and thereafter, reporters would enter the 170 
``inputs to equations'' data elements for which we are retaining the 
reporting requirement into e-GGRT. Starting in reporting year 2014, the 
e-GGRT system would retain these 170 data elements as part of the 
annual report and they would be accessible by the EPA once the reporter 
submits the annual report. In order to ease the burden on facilities, 
for reporting years prior to reporting year 2014, the EPA is proposing 
that these reported ``inputs to equations'' data elements be submitted 
as part of the reporting year 2014 annual report. Specifically, when 
reporters prepare their reporting year 2014 annual report via e-GGRT, 
they would be required to include these ``inputs to equations'' data 
elements for reporting year 2014 as well as for all applicable previous 
reporting years. The annual report, including these ``inputs to 
equations'' data elements would be submitted via e-GGRT. This approach 
would prevent facilities from being required to revise, re-certify, and 
re-submit annual reports for reporting years 2010, 2011, 2012, and 
2013.
    The proposed revisions to the current reporting requirements would 
apply to all reporters subject to the subparts listed in Table 2 of 
this preamble, including subpart C, and using ``inputs to equations'' 
data elements to calculate reported GHGs. However, as noted in Table 2, 
we are not proposing to amend the reporting requirements for stationary 
fuel combustion sources subject to subpart C (e.g., individual units, 
aggregations of units, common pipes, or common stacks) that meet the 
following criteria: (1) The stationary fuel combustion source contains 
at least one combustion unit connected to a fuel-fired electric 
generator that has been granted access by the Public Utilities 
Commission to deliver power to the local or regional electric power 
grid (excluding generators that are connected to combustion units 
subject to subpart D); and (2) the stationary fuel combustion source is 
located at a facility for which the sum of nameplate capacities for all 
such electric generators is greater than or equal to 1 megawatt 
electric output. The ``inputs to equations'' data elements for these 
stationary fuel combustion sources are among those that did not raise 
disclosure concerns under ``Step 2'' of our evaluation of the ``inputs 
to equations'' data elements (refer to Section I.B of this preamble for 
a discussion of the EPA's four-step evaluation). Refer to the memoranda 
documenting ``Step 2'' of our evaluation, ``Evaluation of Competitive 
Harm From Reporting 2015 Inputs to Equations'' (Docket ID No. EPA-HQ-
OAR-2010-0929), for further information on the results of the analysis 
for these stationary fuel combustion sources.
    Reporters currently reporting emissions for stationary fuel 
combustion sources under subpart C have the option to utilize one or 
more of the reporting options under subpart C that allow the grouping 
of stationary combustion units for the purpose of monitoring, 
calculating, and reporting emissions. The EPA recognizes that 
stationary combustion units grouped in these reporting configurations 
could include both combustion units associated with electric generators 
(excluding generators connected to combustion units subject to subpart 
D) (connected to the grid and not connected to the grid) and combustion 
units not associated with electric generators (excluding generators 
connected to combustion units subject to subpart D). In these cases 
where combustion units are grouped, the EPA has determined that there 
would be no disclosure concerns with reporting of ``inputs to 
equations'' data elements for the grouped combustion units. In 
reporting combined data for multiple units including those associated 
with an electric generator and subject to reporting under this proposed 
action, no unit-specific data would be revealed. Furthermore, should a 
facility not wish to disclose aggregated data, it would have the option 
to calculate and report emissions using one of the individual unit 
reporting configurations. The EPA seeks comment on this conclusion. If 
you believe that there are any disclosure concerns, please provide 
detailed information about the concern, as well as whether reporting on 
an individual unit basis is a feasible reporting option.
    Additionally, the EPA is proposing to revise two paragraphs (40 CFR 
98.116(e)(6) and 40 CFR 98.186(b)(8)) that reference other paragraphs 
that include ``inputs to equations'' data elements proposed to be 
removed from Part 98. As a result, we are proposing to remove the cross 
reference while carrying over the substantive information in order to 
maintain the requirements in these paragraphs.
    The EPA requests comment on the proposed inputs verification tool 
and verification approach, and the associated revision to the current 
reporting requirements as described in this section.

[[Page 56006]]

B. Proposed Revisions to Recordkeeping Requirements

    Given the proposed verification approach described in Section III.A 
of this preamble, the EPA considered whether the current record 
retention period and record format requirements would be sufficient to 
allow the EPA to perform data verification. We considered:
     The time we would need to follow up with reporters to 
further verify reported GHG emissions.
     The desirability of retaining multiple years of data 
records to allow for appropriate assessment of compliance and for 
analyses of trends for policy analysis purposes.
     The format of records, and whether the current format 
would be adequate for our verification process. For example, we 
considered whether records of ``inputs to equations'' data elements 
contained in multiple separate documents (as currently allowed under 
Part 98) would allow an EPA inspector to efficiently analyze the 
consistency of the data elements and use the data elements to perform 
calculations to confirm reported GHG emissions.
    Because there may be more direct follow-up activities under this 
alternative verification approach, we are proposing to extend the 
record retention period from 3 to 5 years. We have determined that 5 
years is reasonable given the large number of reporters under the 
subparts identified in Table 2 of this preamble (over 2,000 facilities) 
and the likely increase in follow-up activities. It would be important 
that relevant records are available to the EPA for follow-up activities 
with facilities, including on-site audits if necessary, regarding 
potential errors, discrepancies, or questions. Should an EPA inspector 
visit a facility, it would be important to be able to examine not only 
the current year's records but those from previous years as well, 
because previous years' data would provide year-to-year comparisons, 
which are useful for verifying the current year's data. A 5-year record 
retention period would ensure the availability of relevant records for 
the follow-up activities described above. The EPA is proposing that 
this 5-year record retention requirement begin with records for 
reporting year 2010, as discussed in Section III.A.2 of this preamble.
    For reporters subject to using the proposed inputs verification 
tool, the EPA is proposing to extend the record retention period not 
only for the subparts listed in Table 2 of the preamble, but also for 
other subparts that apply to reporters subject to a subpart in Table 2. 
Under this proposal, any such facility subject to both a subpart listed 
in Table 2 of this preamble and a subpart not listed in Table 2 would 
be required to maintain all records required under both subparts for a 
period of 5 years. For example, if a facility is required to use the 
proposed inputs verification tool under subpart C (in Table 2) and to 
report under subpart HH (not in Table 2), the facility would be 
required to maintain all records required under both subparts for 5 
years. The EPA is proposing these provisions for two reasons. First, 
the EPA determined that during a site visit, if questions arise 
regarding the accuracy of an ``inputs to equations'' data element, it 
may be necessary to examine other non-input recordkeeping information, 
such as a monitoring plan or recordkeeping information in a different 
subpart, in order to fully investigate the accuracy of the data. It is 
necessary to ensure that all data necessary for verification are 
available, and this proposed 5-year record retention period would 
provide better assurance of on-site data availability. Second, the EPA 
determined that maintaining multiple sets of data records according to 
different record retention periods could possibly cause confusion and 
result in recordkeeping errors. Providing the same record retention 
duration for all subparts, as proposed, would simplify recordkeeping 
and thereby minimize the chance for recordkeeping errors.
    In addition, the EPA is proposing revisions to the recordkeeping 
format for ``inputs to equations'' data elements. Currently, reporters 
have the option to maintain records of their ``inputs to equations'' 
data elements in one or more electronic or hard copy files. The 
proposed record format revision would require reporters to maintain an 
electronic or hard copy of the single file generated by the proposed 
inputs verification tool, listing all ``inputs to equations'' data 
elements entered into the tool. This proposed record format change 
would ensure that the EPA could readily access these data, enabling the 
EPA to quickly and efficiently perform calculations and data checks 
during site visits. All other records required under Part 98 would be 
maintained in the format currently required under Part 98. In 
combination with the proposed reporting requirements discussed in 
Sections III.A and C of this preamble, these proposed recordkeeping 
requirements would allow the EPA to adequately verify certain reported 
emissions without implicating the disclosure concerns discussed in the 
memorandum ``Evaluation of Competitive Harm For Reporting 2015 Inputs 
to Equations'' (refer to Docket ID No. EPA-HQ-OAR-2010-0929).
    In amending 40 CFR part 98, subpart A to add these recordkeeping 
requirements, we are also correcting an error in the current version of 
40 CFR 98.3(g). In a previous action amending this paragraph (76 FR 
73866, November 29, 2011), our intention was to amend the second 
sentence of the paragraph regarding record retention duration; however, 
the third sentence regarding record format was inadvertently amended. 
To correct this error, we are proposing to remove the second sentence 
of 40 CFR 98.3(g) and to reinstate the previous third sentence of 40 
CFR 98.3(g) (regarding format of records).
    We seek comment on whether 5 years is the appropriate timeframe for 
maintaining records for facilities required to use the proposed inputs 
verification tool under a subpart listed in Table 2 of this preamble. 
In addition, we seek comment on the proposal to extend the record 
retention period for these reporters, not only for the subparts listed 
in Table 2 of the preamble, but also for other subparts that apply to 
these reporters.

C. Proposed Requirement To Report Additional Data

    As part of our proposal to no longer require reporting of certain 
``inputs to equations'' data elements, we are proposing to require that 
certain reporters using the proposed inputs verification tool also 
report the new data elements specified in Table 4 of this preamble. 
These additional data elements would allow the EPA to perform 
additional verification checks and minimize the number of follow-up 
activities. These data elements are quantities that provide information 
on the activity level at the facility, emission factors used, 
characteristics of carbon-containing streams, and other process 
information that would provide key information for verification, 
including confirming that emissions are appropriate for a given 
activity-level and estimating expected emissions based on data 
provided. These new data reporting elements would also enable the EPA 
to better understand the following aspects concerning reporters in 
order to inform future GHG policy: \9\ (1) The GHG emission profile for 
the

[[Page 56007]]

reporter; (2) the relationship of GHG emissions to production output or 
raw material input within the industry sector; and (3) the factors 
influencing GHG emissions.
---------------------------------------------------------------------------

    \9\ The EPA has previously stated that a goal of collecting data 
under the GHGRP is to inform future GHG policy (refer to the April 
10, 2009 proposed rule, 74 FR 16455).
---------------------------------------------------------------------------

    The EPA is proposing to add six new equations (Equations Q-9 
through Q-14 of part 98) to subpart Q to specify how to calculate and 
report each of the six new data elements proposed to be added to 
subpart Q. Table 4 of this preamble specifies which equation number 
correlates with each new proposed data element. Refer to the proposed 
amendments for subpart Q for the proposed equations.
    The EPA is proposing confidentiality determinations for these 
proposed new data elements. Those new data elements determined to be 
confidential business information in a final rule would be afforded 
confidential treatment. Refer to the following Section IV of this 
preamble for the EPA's proposed confidentiality determinations for the 
proposed new data elements.

IV. Confidentiality Determination for Proposed New Data Elements To Be 
Reported

    The EPA is proposing confidentiality determinations for each new 
data element listed in Table 4 of this preamble. To make these 
determinations, the EPA proposes to use the same approach that the EPA 
previously used for the 2011 final CBI rule (76 FR 30782, May 26, 
2011). Specifically, the EPA is proposing to assign each new data 
element listed in Table 4 of this preamble to one of 11 direct emitter 
data categories, based on the type and characteristics of the data 
element. For a description of each data category and the type and 
characteristics of data elements assigned to each category, see 
Sections II.C and II.D of the July 7, 2010 CBI proposal preamble (75 FR 
39106-39130).
    Based on its evaluation of the new data elements, the EPA is 
proposing that each new data element be assigned to one of the four 
following direct emitter data categories:
     Production/Throughput Data that are Not Inputs to Emission 
Equations.
     Raw Materials Consumed that are Not Inputs to Emission 
Equations.
     Unit/Process ``Static'' Characteristics that are Not 
Inputs to Emission Equations.
     Unit/Process Operating Characteristics that are Not Inputs 
to Emission Equations.
    In the 2011 final CBI rule (May 26, 2011, 76 FR 30782), the EPA 
made categorical determinations that all data elements assigned to the 
``Production/Throughput Data that are Not Inputs to Emission 
Equations'' and ``Raw Materials Consumed that are Not Inputs to 
Emission Equations'' data categories are entitled to confidential 
treatment because the data do not meet the definition of ``emission 
data'' in 40 CFR 2.301(a)(2)(i) and they are CBI.
    The EPA is proposing that seven new data elements be assigned to 
the ``Production/Throughput Data that are Not Inputs to Emission 
Equations'' data category and 10 new data elements be assigned to the 
``Raw Materials Consumed that are Not Inputs to Emission Equations'' 
data category, as shown in Table 5 of this preamble, thereby applying 
the categorical confidentiality determinations made for these 
categories in the 2011 final CBI rule (i.e., they are CBI) to the 
proposed new reporting elements assigned to these categories. This 
proposal is not changing, nor soliciting comment on, the categorical 
confidentiality determination for these two data categories. Should the 
EPA finalize the category assignment for these data elements, all new 
data elements assigned to these categories would be considered to be 
entitled to confidential treatment.

   Table 5--Data Elements Proposed To Be Assigned to the ``Production/
  Throughput Data That Are Not Inputs to Emission Equations'' and ``Raw
   Materials Consumed That Are Not Inputs to Emission Equations'' Data
                               Categories
------------------------------------------------------------------------
             Subpart               Proposed citation     Data element
------------------------------------------------------------------------
``Production/Throughput Data that are Not Inputs to Emission Equations''
                              Data Category
------------------------------------------------------------------------
G--Ammonia Production...........  40 CFR              Annual ammonia
                                   98.76(b)(14).       production
                                                       (metric tons).
                                  40 CFR              Annual methanol
                                   98.76(b)(15).       production
                                                       (metric tons), if
                                                       this quantity is
                                                       not reported
                                                       under subpart X.
H--Cement Kilns.................  40 CFR              Annual clinker
                                   98.86(b)(16).       production
                                                       (metric tons).
P--Hydrogen Production..........  40 CFR 98.166(e)..  Annual methanol
                                                       production
                                                       (metric tons), if
                                                       this quantity is
                                                       not reported
                                                       under subpart X.
S--Lime Manufacturing...........  40 CFR              Annual quantity
                                   98.196(b)(18).      (metric tons) of
                                                       lime product
                                                       sold, by type.
X--Petrochemical................  40 CFR              If using the mass
                                   98.246(a)(13) and   balance method or
                                   (b)(10).            CEMS method to
                                                       calculate GHG
                                                       emissions: Name
                                                       and annual
                                                       quantity (in
                                                       metric tons) of
                                                       each carbon-
                                                       containing co-
                                                       product.
AA--Pulp and Paper..............  40 CFR              For each pulp mill
                                   98.276(l)(1).       lime kiln:
                                                       Quantity of
                                                       calcium oxide
                                                       (CaO) produced
                                                       (metric tons).
------------------------------------------------------------------------
  ``Raw Materials Consumed that are Not Inputs to Emission Equations''
                              Data Category
------------------------------------------------------------------------
E--Adipic Acid Production.......  40 CFR 98.56(m)...  Annual quantity of
                                                       cyclohexane fed
                                                       to all production
                                                       lines, combined
                                                       (metric tons).
P--Hydrogen Production..........  40 CFR              Name and annual
                                   98.166(b)(7).       quantity (metric
                                                       tons) of each
                                                       carbon-containing
                                                       fuel and
                                                       feedstock.

[[Page 56008]]

 
Q--Iron and Steel...............  40 CFR              If you use the
                                   98.176(e)(6)(i).    carbon mass
                                                       balance method in
                                                       40 CFR
                                                       98.173(b)(1) to
                                                       determine CO2
                                                       emissions: The
                                                       annual mass
                                                       (metric tons) of
                                                       all gaseous,
                                                       liquid, and solid
                                                       fuels (combined)
                                                       used in process
                                                       units specified
                                                       in Equations Q-1
                                                       through Q-7,
                                                       calculated as
                                                       specified in a
                                                       new Equation Q-9
                                                       of subpart Q in
                                                       the proposed rule
                                                       amendments. Does
                                                       not include fuel
                                                       used in a
                                                       stationary
                                                       combustion unit
                                                       where emissions
                                                       are reported
                                                       under subpart C.
                                  40 CFR              If you use the
                                   98.176(e)(6)(ii).   carbon mass
                                                       balance method in
                                                       40 CFR
                                                       98.173(b)(1) to
                                                       determine CO2
                                                       emissions: The
                                                       annual mass
                                                       (metric tons) of
                                                       all non-fuel
                                                       material inputs
                                                       (combined)
                                                       specified in
                                                       Equations Q-1
                                                       through Q-7 of
                                                       subpart Q,
                                                       calculated as
                                                       specified in a
                                                       new Equation Q-10
                                                       of subpart Q in
                                                       the proposed rule
                                                       amendments.
                                  40 CFR              If you use the
                                   98.176(e)(6)(iii).  carbon mass
                                                       balance method in
                                                       40 CFR
                                                       98.173(b)(1) to
                                                       determine CO2
                                                       emissions: The
                                                       annual mass
                                                       (metric tons) of
                                                       all solid and
                                                       liquid products
                                                       and byproducts
                                                       (combined)
                                                       specified in
                                                       Equations Q-1
                                                       through Q-7,
                                                       calculated as
                                                       specified in a
                                                       new Equation Q-11
                                                       of subpart Q in
                                                       the proposed rule
                                                       amendments.
                                  40 CFR              If you use the
                                   98.176(e)(6)(iv).   carbon mass
                                                       balance method in
                                                       40 CFR
                                                       98.173(b)(1) to
                                                       determine CO2
                                                       emissions: The
                                                       weighted average
                                                       carbon content of
                                                       all gaseous,
                                                       liquid, and solid
                                                       fuels (combined)
                                                       included in
                                                       Equation Q-9 of
                                                       subpart Q,
                                                       calculated as
                                                       specified in a
                                                       new Equation Q-12
                                                       of subpart Q in
                                                       the proposed rule
                                                       amendments.
                                  40 CFR              If you use the
                                   98.176(e)(6)(v).    carbon mass
                                                       balance method in
                                                       40 CFR
                                                       98.173(b)(1) to
                                                       determine CO2
                                                       emissions: The
                                                       weighted average
                                                       carbon content of
                                                       all non-fuel
                                                       inputs to all
                                                       furnaces
                                                       (combined)
                                                       included in
                                                       Equation Q-10 of
                                                       subpart Q,
                                                       calculated as
                                                       specified in a
                                                       new Equation Q-13
                                                       of subpart Q in
                                                       the proposed rule
                                                       amendments.
                                  40 CFR              If you use the
                                   98.176(e)(6)(vi).   carbon mass
                                                       balance method in
                                                       40 CFR
                                                       98.173(b)(1) to
                                                       determine CO2
                                                       emissions: The
                                                       weighted average
                                                       carbon content of
                                                       all solid and
                                                       liquid products
                                                       and byproducts
                                                       from all furnaces
                                                       (combined)
                                                       included in a new
                                                       Equation Q-11 of
                                                       subpart Q in the
                                                       proposed rule
                                                       amendments,
                                                       calculated as
                                                       specified in new
                                                       Equation Q-14 of
                                                       subpart Q in the
                                                       proposed rule
                                                       amendments.
X--Petrochemical................  40 CFR              If using the mass
                                   98.246(a)(12) and   balance method or
                                   (b)(9).             CEMS method to
                                                       calculate GHG
                                                       emissions: Name
                                                       and annual
                                                       quantity (in
                                                       metric tons) of
                                                       each carbon-
                                                       containing
                                                       feedstock.
AA--Pulp and Paper..............  40 CFR              For each chemical
                                   98.276(m)(1).       recovery furnace
                                                       and chemical
                                                       recovery
                                                       combustion unit
                                                       for which you are
                                                       not using
                                                       Equation C-2c of
                                                       subpart C to
                                                       calculate CO2
                                                       emissions: Annual
                                                       mass of steam
                                                       generated (lb
                                                       steam),
                                                       individually for
                                                       each fossil fuel
                                                       type and for
                                                       spent liquor
                                                       solids.
------------------------------------------------------------------------

    The EPA is proposing to assign eight proposed new data elements to 
the ``Unit Process Operating Characteristics that are Not Inputs to 
Emission Equations'' category and one proposed new data element to the 
``Unit/Process Static Characteristics that are Not Inputs to Emission 
Equations'' category. In the 2011 final CBI rule, the EPA determined 
that the data elements in these categories are not ``emission data'' 
(as defined at 40 CFR 2.301(a)(2)(i)). However, instead of categorical 
determinations, the EPA made confidentiality determinations for 
individual data elements assigned to these two categories. In proposing 
these determinations, the EPA considered the confidentiality criteria 
at 40 CFR 2.208, in particular whether release of the data is likely to 
cause substantial harm to the business's competitive position. See 40 
CFR 2.208(e)(1). The EPA is therefore following the same approach in 
this action for the proposed new reporting elements assigned to these 
two categories.

[[Page 56009]]

    Table 6 of this preamble lists the data elements the EPA proposes 
to assign to these two data categories and presents the EPA's rationale 
for proposing to determine that each does or does not qualify as CBI 
under CAA section 114(c).

 Table 6--Proposed Confidentiality Determinations for Proposed New Data Elements Assigned to the ``Unit/Process
        Operating Characteristics That Are Not Inputs to Emission Equations'' and ``Unit/Process `Static'
                   Characteristics That Are Not Inputs to Emission Equations'' Data Categories
----------------------------------------------------------------------------------------------------------------
                                                                                              Proposed rationale
                                                                            Confidentiality           for
             Subpart                   Citation          Data element        determination      confidentiality
                                                                                                 determination
----------------------------------------------------------------------------------------------------------------
       ``Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
E--Adipic Acid Production.......  40 CFR 98.56(n)...  Annual percent N2O  Not CBI...........  The annual
                                                       emission                                facility percent
                                                       reduction for all                       N2O reduction
                                                       production units                        could not be used
                                                       combined.                               to calculate
                                                                                               adipic acid
                                                                                               production. The
                                                                                               level of N2O
                                                                                               reductions varies
                                                                                               by the type of
                                                                                               abatement
                                                                                               technology, the
                                                                                               environment in
                                                                                               which the
                                                                                               abatement
                                                                                               technology is
                                                                                               operating, the
                                                                                               age of the
                                                                                               abatement
                                                                                               technology, the
                                                                                               age of the
                                                                                               catalyst used,
                                                                                               and the
                                                                                               maintenance level
                                                                                               of the abatement
                                                                                               technology.
H--Cement Kilns.................  40 CFR              Annual average      CBI...............  This data element
                                   98.86(b)(17).       clinker CO2                             could be used to
                                                       emission factor                         back calculate a
                                                       for the facility,                       facility's
                                                       averaged across                         clinker
                                                       all kilns (metric                       production data,
                                                       tons CO2/metric                         which would
                                                       ton clinker                             result in
                                                       produced).                              competitive
                                                                                               disadvantage.
                                  40 CFR              Annual average      CBI...............  This data element
                                   98.86(b)(18).       cement kiln dust                        could provide
                                                       (CKD) CO2                               information about
                                                       emission factor                         the efficiency of
                                                       for the facility,                       the operation,
                                                       averaged across                         which would
                                                       all kilns (metric                       result in
                                                       tons CO2/metric                         competitive
                                                       ton CKD produced).                      disadvantage.
V--Nitric Acid Production.......  40 CFR 98.226(q)..  Annual percent N2O  Not CBI...........  The annual
                                                       emission                                facility percent
                                                       reduction for all                       N2O reduction for
                                                       production units                        all nitric acid
                                                       combined.                               production trains
                                                                                               combined could
                                                                                               not be used to
                                                                                               calculate the
                                                                                               nitric acid
                                                                                               production value
                                                                                               for any
                                                                                               individual
                                                                                               facility. The
                                                                                               level of N2O
                                                                                               reductions for
                                                                                               each individual
                                                                                               facility varies
                                                                                               by the type of
                                                                                               abatement
                                                                                               technology, the
                                                                                               environment in
                                                                                               which the
                                                                                               abatement
                                                                                               technology is
                                                                                               operating, the
                                                                                               age of the
                                                                                               abatement
                                                                                               technology, the
                                                                                               age of the
                                                                                               catalyst used,
                                                                                               and the
                                                                                               maintenance level
                                                                                               of the abatement
                                                                                               technology.
                                                                                               Additionally,
                                                                                               facility-level
                                                                                               N2O emission
                                                                                               reduction
                                                                                               information is
                                                                                               already publicly
                                                                                               available (see
                                                                                               docket number EPA-
                                                                                               HQ-OAR-2010-0750
                                                                                               and http://www.climateactionreserve.org).
Y--Petroleum Refineries.........  40 CFR              Annual quantity of  Not CBI...........  This data element
                                   98.256(e)(11)(i).   flare gas                               does not reveal
                                                       combusted (in                           (nor could be
                                                       MMscf per year)                         used to
                                                       (only when using                        calculate)
                                                       Equation Y-3 of                         details regarding
                                                       subpart Y).                             product
                                                                                               characteristics,
                                                                                               actual production
                                                                                               data, or
                                                                                               operating
                                                                                               efficiency. It
                                                                                               does not provide
                                                                                               information that
                                                                                               would allow
                                                                                               competitors to
                                                                                               infer market
                                                                                               share, production
                                                                                               costs, or pricing
                                                                                               structures and
                                                                                               thus gain a
                                                                                               competitive
                                                                                               advantage. The
                                                                                               EPA applied the
                                                                                               same rationale in
                                                                                               the 2010 proposed
                                                                                               and 2011 final
                                                                                               CBI rules (75 FR
                                                                                               39113, July 7,
                                                                                               2010; and 76 FR
                                                                                               30803--30806, May
                                                                                               26, 2011), in
                                                                                               support of a non-
                                                                                               CBI determination
                                                                                               for reporting of
                                                                                               the following
                                                                                               same data element
                                                                                               currently
                                                                                               required to be
                                                                                               reported if a
                                                                                               different
                                                                                               equation
                                                                                               (Equation Y-1a)
                                                                                               is used: annual
                                                                                               volume of flare
                                                                                               gas combusted
                                                                                               (scf/year) under
                                                                                               40 CFR
                                                                                               98.256(e)(6).

[[Page 56010]]

 
                                  40 CFR              Annual average      Not CBI...........  This data element
                                   98.256(e)(11)(ii).  molecular weight                        does not reveal
                                                       of flare gas                            (nor could be
                                                       combusted (in                           used to
                                                       mmBtu per MMscf)                        calculate)
                                                       (only when using                        details regarding
                                                       Equation Y-3 of                         product
                                                       subpart Y).                             characteristics,
                                                                                               actual production
                                                                                               data, or
                                                                                               operating
                                                                                               efficiency. It
                                                                                               does not provide
                                                                                               information that
                                                                                               would allow
                                                                                               competitors to
                                                                                               infer market
                                                                                               share, production
                                                                                               costs, or pricing
                                                                                               structures and
                                                                                               thus gain a
                                                                                               competitive
                                                                                               advantage. The
                                                                                               EPA applied the
                                                                                               same rationale in
                                                                                               the 2010 proposed
                                                                                               and 2011 final
                                                                                               CBI rules (75 FR
                                                                                               39113, July 7,
                                                                                               2010; and 76 FR
                                                                                               30803--30806, May
                                                                                               26, 2011), in
                                                                                               support of a non-
                                                                                               CBI determination
                                                                                               for reporting of
                                                                                               the following
                                                                                               same data element
                                                                                               currently
                                                                                               required to be
                                                                                               reported if a
                                                                                               different
                                                                                               equation
                                                                                               (Equation Y-1a of
                                                                                               subpart Y) is
                                                                                               used: annual
                                                                                               average molecular
                                                                                               weight of the
                                                                                               flare gas (kg/kg-
                                                                                               mole) under 40
                                                                                               CFR 98.256(e)(6).
                                  40 CFR              Annual average      Not CBI...........  This data element
                                   98.256(e)(11)(iii   carbon content of                       does not reveal
                                   ).                  flare gas                               (nor could be
                                                       combusted                               used to
                                                       (expressed as a                         calculate)
                                                       decimal fraction)                       details regarding
                                                       (only when using                        product
                                                       Equation Y-3 of                         characteristics,
                                                       subpart Y).                             actual production
                                                                                               data, or
                                                                                               operating
                                                                                               efficiency. It
                                                                                               does not provide
                                                                                               information that
                                                                                               would allow
                                                                                               competitors to
                                                                                               infer market
                                                                                               share, production
                                                                                               costs, or pricing
                                                                                               structures and
                                                                                               thus gain a
                                                                                               competitive
                                                                                               advantage. The
                                                                                               EPA applied the
                                                                                               same rationale in
                                                                                               the 2010 proposed
                                                                                               and 2011 final
                                                                                               CBI rules (75 FR
                                                                                               39113, July 7,
                                                                                               2010; and 76 FR
                                                                                               30803--30806, May
                                                                                               26, 2011), in
                                                                                               support of a non-
                                                                                               CBI determination
                                                                                               for reporting of
                                                                                               the following
                                                                                               same data element
                                                                                               currently
                                                                                               required to be
                                                                                               reported if a
                                                                                               different
                                                                                               equation
                                                                                               (Equation Y-1a of
                                                                                               subpart Y) is
                                                                                               used: annual
                                                                                               average carbon
                                                                                               content of the
                                                                                               flare gas (kg
                                                                                               carbon/kg flare
                                                                                               gas) under 40 CFR
                                                                                               98.256(e)(6).
AA--Pulp and Paper..............  40 CFR              For each pulp mill  Non-CBI...........  Release of this
                                   98.276(l)(2).       lime kiln:                              data would not
                                                       Percent of annual                       result in
                                                       heat input,                             competitive harm
                                                       individually for                        because lime kiln
                                                       each fossil fuel                        fossil fuel use
                                                       type.                                   as a fraction of
                                                                                               design heat input
                                                                                               was reported to
                                                                                               the EPA as part
                                                                                               of a 2011 ICR
                                                                                               survey, and
                                                                                               facilities
                                                                                               reporting via the
                                                                                               survey made no
                                                                                               CBI claims
                                                                                               regarding fuel
                                                                                               type and percent
                                                                                               of design heat
                                                                                               input.
----------------------------------------------------------------------------------------------------------------

[[Page 56011]]

 
        ``Unit/Process `Static' Characteristics that Are Not Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
AA--Pulp and Paper..............  40 CFR              For each chemical   ND \1\............  In the final CBI
                                   98.276(m)(2).       recovery furnace                        rulemaking (76 FR
                                                       and chemical                            30799, May 26,
                                                       recovery                                2011), we
                                                       combustion unit                         determined that
                                                       for which you are                       the best approach
                                                       not using                               for determining
                                                       Equation C-2c of                        confidentiality
                                                       subpart C to                            of production
                                                       calculate CO2                           capacity is not
                                                       emissions: Ratio                        to make a single
                                                       of the unit's                           CBI determination
                                                       maximum rated                           applicable to all
                                                       heat input                              facilities within
                                                       capacity to its                         a given source
                                                       design rated                            category, due to
                                                       steam output                            differences
                                                       capacity (mmBtu/                        between
                                                       lb steam),                              facilities. For
                                                       individually for                        all reported data
                                                       each fossil fuel                        elements related
                                                       type and for                            to production
                                                       spent liquor                            capacity, the EPA
                                                       solids.                                 will make case-by-
                                                                                               case
                                                                                               determinations
                                                                                               per reporter, in
                                                                                               accordance with
                                                                                               the provisions in
                                                                                               40 CFR part 2,
                                                                                               subpart B for
                                                                                               facilities that
                                                                                               claim these data
                                                                                               elements as CBI.
----------------------------------------------------------------------------------------------------------------
\1\ ND = No determination is being proposed.

    The EPA is requesting comment on two aspects of these 
confidentiality determinations. First, the EPA seeks comment on the 
proposed data category assignment for each of these data elements in 
Tables 5 and 6 of this preamble. If you believe that the EPA has 
improperly assigned any proposed new data elements to one of the data 
categories, please provide specific comments identifying which proposed 
new data elements may be mis-assigned along with a detailed explanation 
of why you believe them to be incorrectly assigned and in which data 
category you believe they best belong.
    Second, for those data elements included in Table 6 of this 
preamble and assigned to the two direct emitter data categories without 
categorical confidentiality determinations, the EPA seeks comment on 
the individual confidentiality determinations we are proposing for 
these data elements. If you comment on this issue, please provide 
specific comment along with detailed rationale and supporting 
information on whether such data element does or does not qualify as 
CBI.

V. Impacts of the Proposed Rule

    This section examines the cost impacts of the proposed rulemaking. 
A detailed discussion of the impacts may be found in the memorandum, 
``Assessment of Cost Impacts of 2015 Inputs Proposal--Revisions to 
Reporting, Recordkeeping, and Verification Requirements under the 
Greenhouse Gas Reporting Program,'' available in EPA docket ID No. EPA-
HQ-OAR-2010-0929.

A. How were the costs of this proposed rule estimated?

1. Proposed Inputs Verification Tool
    The data elements required to be used for calculating the annual 
GHG emissions values and the cost associated with collecting these data 
have not changed from the estimate made during the original rulemaking 
process. The time associated with entry of these ``inputs to 
equations'' data elements into e-GGRT (including into the new inputs 
verification tool) is expected to be equivalent to the time originally 
anticipated for data entry. Prior to the inputs verification tool, as 
currently required, reporters must use their own calculation tool 
(e.g., calculator, calculation software) to calculate the annual GHG 
emissions values, using the same sets of equations and entering the 
same data elements that they would enter into the tool.
    The EPA does recognize however that there may be some time 
associated with learning the new procedures for the inputs verification 
tool and we have estimated a cost of approximately $66 per facility, or 
$379,000 for the first year for all affected facilities. During their 
first session using the proposed inputs verification tool, reporters 
would need to spend approximately 1 hour becoming familiar with how the 
tool operates within e-GGRT. The proposed new requirement to use the 
inputs verification tool would not result in any change in the 
respondent activity of entering these data into e-GGRT. Once the 
reporter has become familiar with the tool, EPA does not anticipate any 
additional burden. The cost includes technical, clerical, and 
managerial labor hours. For further information about this cost 
estimate, refer to the memorandum ``Assessment of Cost Impacts of 2015 
Inputs Proposal--Revisions to Reporting, Recordkeeping, and 
Verification Requirements under the Greenhouse Gas Reporting Program'' 
and the supporting statement for this proposed information collection 
request, ``Supporting Statement, Environmental Protection Agency: 
Revisions to Reporting and Recordkeeping Requirements, and Proposed 
Confidentiality Determinations under the Greenhouse Gas Reporting 
Program, OMB control number 2060-0629, ICR number 2300.12,'' both 
available in docket EPA-HQ-OAR-2010-0929.
2. Proposed New Data Elements
    We are proposing to add 26 new data elements that were not 
previously required to be reported under Part 98 (see Section II.D of 
this preamble for further discussion of this proposed amendment), to be 
reported by facilities in certain subparts that are required to use the 
proposed inputs verification tool. Of these 26 data elements, nine data 
elements are related to annual production or raw material usage, which 
are collected by a facility as a routine part of conducting business. 
For these data elements, we are not proposing that reporters comply 
with specific data collection or monitoring requirements beyond the 
methods commonly used for accounting purposes. The other 17 data 
elements proposed to be reported are calculated values using data 
currently required to be collected to perform

[[Page 56012]]

emissions calculations. For all of these additional data elements, the 
EPA has estimated a nominal additional cost to report the data element 
and fulfill the recordkeeping requirements. The total costs associated 
with reporting and recordkeeping for the 26 data elements in 10 
subparts is $80,000. These costs represent the cost for all affected 
facilities in the first year.

B. Additional Impacts of the Proposed Amendments

    The proposed confidentiality determinations for the new data 
elements would not affect whether and how data are reported and, 
therefore, would not impose any additional burden on sources.

VI. Statutory and Executive Order Reviews

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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action'' because this action 
raises novel legal or policy issues arising out of legal mandates, the 
President's priorities, or principles set forth in the executive order. 
Accordingly, the EPA submitted this action to the Office of Management 
and Budget (OMB) for review under Executive Orders 12866 and 13563 (76 
FR 3821, January 21, 2011) and any changes made in response to OMB 
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The 
Information Collection Request (ICR) document prepared by EPA has been 
assigned EPA ICR number 2300.12.
    This action proposes to amend reporting and recordkeeping 
requirements and verification procedures for the GHGRP. In addition, 
the EPA is proposing confidentiality determinations for the proposed 
new data elements in this action. The proposed amendments to the 
reporting requirements in the source category-specific subparts are not 
anticipated to result in significant burden for reporters. The new data 
elements required to be reported are expected to be readily available 
for affected facilities, or easily calculated using data already 
required to be collected (e.g., a monthly value is currently reported 
and an annual value is proposed to be reported).
    Impacts associated with the proposed changes to the reporting 
requirements in each subpart are detailed in the memorandum 
``Assessment of Cost Impacts of 2015 Inputs Proposal--Revisions to 
Reporting, Recordkeeping, and Verification Requirements under the 
Greenhouse Gas Reporting Program'' (see Docket ID No. EPA-HQ-OAR-2010-
0929). Burden is defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, the EPA has established a public docket 
for this rule, which includes this ICR, under Docket ID number EPA-HQ-
OAR-2010-0929. Submit any comments related to this ICR to the EPA and 
the OMB. See the ADDRESSES section at the beginning of this notice for 
where to submit comments to the EPA. Send comments to the OMB at the 
Office of Information Regulatory Affairs, Office of Management and 
Budget, 725 17th Street NW., Washington, DC 20503, Attention: Desk 
Office for EPA. Since the OMB is required to make a decision concerning 
this ICR between 30 and 60 days after September 11, 2013, a comment to 
OMB is best assured of having its full effect if OMB receives the 
comment by October 11, 2013. The final rule will respond to any OMB or 
public comments on the information collection requirements contained in 
this proposal.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule 
amendments on small entities, small entity is defined as: (1) A small 
business as defined by the Small Business Administration's (SBA) 
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; or (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. 
After considering the economic impacts of today's proposed amendments 
on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
The small entities directly regulated by these proposed rule amendments 
include small businesses across all sectors of the economy encompassed 
by Part 98, small governmental jurisdictions, and small non-profits. We 
have determined that these facilities will experience impacts of 
roughly a first-year cost of $66 per facility for learning new 
procedures for the verification tool and an annual cost of $100 per 
facility for the recordkeeping and reporting of 26 new data elements.
    Although these proposed rule amendments will not have a significant 
economic impact on a substantial number of small entities, the EPA 
nonetheless has tried to reduce the impact of this rule on small 
entities. The EPA supports a ``help desk'' for the GHGRP, which would 
be available to answer questions on the provisions in this rulemaking.
    We continue to be interested in the potential impacts of the 
proposed rule amendments on small entities and welcome comments on 
issues related to such impacts.

D. Unfunded Mandates Reform Act (UMRA)

    The proposed amendments and confidentiality determinations do not 
contain a federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any one year. This action proposes: 
(1) Requirements for certain reporters under 24 subparts to use an EPA-
provided inputs verification tool instead of reporting certain data 
elements for which disclosure concerns have been identified, (2) 
lengthening the record retention time for reporters required to use the 
inputs verification tool, and (3) new data elements to be reported for 
certain reporters using the inputs verification tool and 
confidentiality determinations for these new data element. As discussed 
in section V of this preamble, for the first year, the total collective 
impact on regulated entities is: (1) $379,000, or $66 per entity, for 
using the inputs verification tool; and (2) $80,000, or

[[Page 56013]]

$103 per entity, for the proposed new data elements to be reported. 
Thus, the proposed amendments and confidentiality determinations are 
not subject to the requirements of sections 202 or 205 of 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. This action 
proposes to amend reporting and recordkeeping requirements and 
verification procedures for certain reporters in the GHGRP. In 
addition, the EPA is proposing confidentiality determinations for the 
proposed new data elements in this action. As discussed in section V of 
this preamble, the total collective impact on regulated entities is 
$459,000 in the first year, and $80,000 annually thereafter. Because 
this impact on each individual facility is estimated to be 
approximately $66-$169 in the first year and $103 annually thereafter, 
the EPA has determined that the provisions in this action would not 
significantly impact small governments. In addition, because none of 
the provisions apply specifically to small governments, the EPA has 
determined that the provisions in this action would not uniquely impact 
small governments. Therefore, this action is not subject to the 
requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    The action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. The proposed amendments and 
confidentiality determinations apply to facilities that directly emit 
greenhouses gases and fuel and chemicals suppliers. These proposed 
changes do not apply to governmental entities unless the government 
entity owns a facility that directly emits GHGs above threshold levels 
(such as a large stationary combustion device), so relatively few 
government facilities would be affected. Moreover, for government 
facilities that are subject to the rule, the proposed revisions will 
not have a significant cost impact. This proposed action also does not 
limit the power of states or localities to collect GHG data and/or 
regulate GHG emissions. Thus, Executive Order 13132 does not apply to 
this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between the EPA and State and local 
governments, the EPA specifically solicits comments on this proposed 
action from State and local officials.

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

    This proposed action does not have tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). The 
proposed amendments and confidentiality determinations apply directly 
to facilities that directly emit greenhouses gases or that are 
suppliers of GHGs. They would not have tribal implications unless the 
tribal entity owns a facility that directly emits GHGs above threshold 
levels (such as a landfill or large combustion device). Relatively few 
tribal facilities would be affected. Thus, Executive Order 13175 does 
not apply to this action.

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 
proposed 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 proposed action is not a ``significant energy action'' as 
defined in Executive Order 13211 (66 FR 28355, May 22, 2001), because 
it is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Part 98 relates to monitoring, 
reporting, and recordkeeping and does not impact energy supply, 
distribution, or use. This action proposes to amend reporting and 
recordkeeping requirements and verification procedures for the GHGRP. 
In addition, the EPA is proposing confidentiality determinations for 
the proposed new data elements in this action. These proposed 
amendments and confidentiality determinations do not make any changes 
to the existing monitoring, recordkeeping, or reporting requirements 
under Part 98 that affect the supply, distribution, or use of energy.

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, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve any new technical 
standards. Therefore, the EPA is not considering the use of any 
voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that these proposed rule amendments will not 
have disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because the amendments do 
not affect the level of protection provided to human health or the 
environment. This is because the proposed amendments address 
information collection and reporting and verification procedures.

List of Subjects 40 CFR Part 98

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

    Dated: August 29, 2013.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, of the 
Code

[[Page 56014]]

of Federal Regulations is proposed to be amended as follows:

PART 98--MANDATORY GREENHOUSE GAS REPORTING

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

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

Subpart A--[AMENDED]

0
2. Section 98.3 is amended by revising paragraphs (c)(4)(vii), 
(d)(3)(v), (g) introductory text, and (g)(2)(i) to read as follows:

Sec.  98.3  What are the general monitoring, reporting, recordkeeping 
and verification requirements of this part?

* * * * *
    (c) * * *
    (4) * * *
    (vii) The owner or operator of a facility is not required to report 
the data elements specified in Table A-6 to this subpart for calendar 
years 2010 through 2011 until March 31, 2013. The owner or operator of 
a facility is not required to report the data elements specified in 
Table A-7 to this subpart for calendar years 2010 through 2013 until 
March 31, 2015. Data elements specified in Table A-7 to this subpart 
for calendar years 2010 through 2013 must be submitted as part of the 
annual report for reporting year 2014.
* * * * *
    (d) * * *
    (3) * * *
    (v) For each stationary fuel combustion source that that meets the 
criteria specified in Sec.  98.36(f) of this part, report any facility 
operating data or process information used for the GHG emission 
calculations.
* * * * *
    (g) Recordkeeping. An owner or operator that is required to report 
GHGs under this part must keep records as specified in this paragraph. 
Except as otherwise provided in this paragraph, 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. 
The records shall be kept in an electronic or hard-copy format (as 
appropriate) and recorded in a form that is suitable for expeditious 
inspection and review. If a reporter is required under Sec.  98.5(b) to 
use software specified by the Administrator to enter data to calculate 
the reported GHGs, all records required under Part 98 must be retained 
by the reporter for 5 years from the date of submission of the annual 
GHG report for the reporting year in which the record was generated. 
Upon request by the Administrator, the records required under this 
section must be made available to EPA. Records may be retained off site 
if the records are readily available for expeditious inspection and 
review. For records that are electronically generated or maintained, 
the equipment or software necessary to read the records shall be made 
available, or, if requested by EPA, electronic records shall be 
converted to paper documents. You must retain the following records, in 
addition to those records prescribed in each applicable subpart of this 
part:
* * * * *
    (2) * * *
    (i) The GHG emissions calculations and methods used. For data 
required by Sec.  98.5(b) to be entered into the software specified by 
the Administrator, maintain the entered data in the format generated by 
the software specified by the Administrator.
* * * * *
0
3. Section 98.5 is revised to read as follows:

Sec.  98.5  How is the report submitted?

    (a) Each GHG report and certificate of representation for a 
facility or supplier must be submitted electronically in accordance 
with the requirements of Sec.  98.4 and in a format specified by the 
Administrator.
    (b) For reporting year 2014 and thereafter, you must enter into 
verification software specified by the Administrator the data used as 
inputs to the calculation methods specified in Table A-8 to Part 98, 
excluding data required to be reported in the reporting section of each 
subpart listed in Table A-8 to Part 98.
0
4. Table A-7 to Subpart A of Part 98 is revised to read as follows:

   Table A-7 to Subpart A of Part 98--Data Elements That Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2015
------------------------------------------------------------------------
                                                       Specific data
                                                     elements for which
                                                     reporting date is
                                                       March 31, 2015
                                Rule citation (40    (``All'' means all
            Subpart                CFR part 98)     data elements in the
                                                    cited paragraph are
                                                     not required to be
                                                    reported until March
                                                         31, 2015)
------------------------------------------------------------------------
A.............................  98.3(d)(3)(v)....  All.
C.............................  98.36(b)(9)(iii).  Only estimate of the
                                                    heat input.\1\
C.............................  98.36(c)(2)(ix)..  Only estimate of the
                                                    heat input from each
                                                    type of fuel listed
                                                    in Table C-2.\1\
C.............................  98.36(e)(2)(i)...  All.\1\
C.............................  98.36(e)(2)(ii)(A  All.\1\
                                 ).
C.............................  98.36(e)(2)(ii)(C  Only HHV value for
                                 ).                 each calendar month
                                                    in which HHV
                                                    determination is
                                                    required.\1\
C.............................  98.36(e)(2)(ii)(D  All.\1\
                                 ).
C.............................  98.36(e)(2)(iv)(A  All.\1\
                                 ).
C.............................  98.36(e)(2)(iv)(C  All.\1\
                                 ).
C.............................  98.36(e)(2)(iv)(F  All.\1\
                                 ).
C.............................  98.36(e)(2)(ix)(D  All.\1\
                                 ).
C.............................  98.36(e)(2)(ix)(E  All.\1\
                                 ).
C.............................  98.36(e)(2)(ix)(F  All.\1\
                                 ).
E.............................  98.56(g).........  All.
E.............................  98.56(h).........  All.
E.............................  98.56(j)(4)......  All.
E.............................  98.56(j)(5)......  All.
E.............................  98.56(j)(6)......  All.
E.............................  98.56(l).........  All.
H.............................  98.86(b)(11).....  All.
H.............................  98.86(b)(13).....  Name of raw kiln feed
                                                    or raw material.
L.............................  98.126(b)(10)....  All.
L.............................  98.126(b)(11)....  All.

[[Page 56015]]

 
L.............................  98.126(b)(12)....  All.
O.............................  98.156(d)(2).....  All.
O.............................  98.156(d)(3).....  All.
O.............................  98.156(d)(4).....  All.
Q.............................  98.176(f)(1).....  All.
V.............................  98.226(i)........  All.
V.............................  98.226(j)........  All.
V.............................  98.226(m)(4).....  All.
V.............................  98.226(m)(5).....  All.
V.............................  98.226(m)(6).....  All.
V.............................  98.226(p)........  All.
W.............................  98.236(c)(1)(i)..  All.
W.............................  98.236(c)(1)(ii).  All.
W.............................  98.236(c)(1)(iii)  All.
W.............................  98.236(c)(2)(i)..  All.
W.............................  98.236(c)(3)(i)..  All.
W.............................  98.236(c)(3)(ii).  All.
W.............................  98.236(c)(3)(iii)  All.
W.............................  98.236(c)(4)(i)(A  All.
                                 ).
W.............................  98.236(c)(4)(i)(B  All.
                                 ).
W.............................  98.236(c)(4)(i)(C  All.
                                 ).
W.............................  98.236(c)(4)(i)(D  All.
                                 ).
W.............................  98.236(c)(4)(i)(E  All.
                                 ).
W.............................  98.236(c)(4)(i)(F  All.
                                 ).
W.............................  98.236(c)(4)(i)(G  All.
                                 ).
W.............................  98.236(c)(4)(i)(H  All.
                                 ).
W.............................  98.236(c)(4)(ii)(  All.
                                 A).
W.............................  98.236(c)(5)(iii)  All.
W.............................  98.236(c)(5)(iv).  All.
W.............................  98.236(c)(5)(v)..  All.
W.............................  98.236(c)(6)(i)(B  All.
                                 ).
W.............................  98.236(c)(6)(i)(D  All.
                                 ).
W.............................  98.236(c)(6)(i)(E  All.
                                 ).
W.............................  98.236(c)(6)(i)(F  All.
                                 ).
W.............................  98.236(c)(6)(ii)(  All.
                                 A).
W.............................  98.236(c)(6)(ii)(  All.
                                 B).
W.............................  98.236(c)(7)(i)..  All.
W.............................  98.236(c)(8)(i)(B  All.
                                 ).
W.............................  98.236(c)(8)(i)(C  All.
                                 ).
W.............................  98.236(c)(8)(i)(F  All.
                                 ).
W.............................  98.236(c)(8)(ii)(  All.
                                 A).
W.............................  98.236(c)(8)(ii)(  All.
                                 D).
W.............................  98.236(c)(8)(iii)  All.
                                 (A).
W.............................  98.236(c)(8)(iii)  All.
                                 (D).
W.............................  98.236(c)(8)(iii)  All.
                                 (E).
W.............................  98.236(c)(10)(ii)  All.
W.............................  98.236(c)(10)(iii  All.
                                 ).
W.............................  98.236(c)(11)(ii)  All.
W.............................  98.236(c)(12)(ii)  All.
W.............................  98.236(c)(12)(iii  All.
                                 ).
W.............................  98.236(c)(12)(v).  All.
W.............................  98.236(c)(13)(i)(  All.
                                 B).
W.............................  98.236(c)(13)(i)(  All.
                                 E).
W.............................  98.236(c)(13)(i)(  All.
                                 F).
W.............................  98.236(c)(13)(ii)  All.
                                 (A).
W.............................  98.236(c)(13)(ii)  All.
                                 (B).
W.............................  98.236(c)(13)(iii  All.
                                 )(A).
W.............................  98.236(c)(13)(iii  All.
                                 )(B).
W.............................  98.236(c)(13)(v)(  All.
                                 A).
W.............................  98.236(c)(14)(i)(  All.
                                 B).
W.............................  98.236(c)(14)(ii)  All.
                                 (A).
W.............................  98.236(c)(14)(ii)  All.
                                 (B).
W.............................  98.236(c)(14)(iii  All.
                                 )(A).
W.............................  98.236(c)(14)(iii  All.
                                 )(B).
W.............................  98.236(c)(14)(v)(  All.
                                 A).
W.............................  98.236(c)(15)(i)(  All.
                                 A).
W.............................  98.236(c)(15)(i)(  All.
                                 B).
W.............................  98.236(c)(15)(ii)  All.
                                 (A).
W.............................  98.236(c)(15)(ii)  All.
                                 (B).

[[Page 56016]]

 
W.............................  98.236(c)(16)(i).  All.
W.............................  98.236(c)(16)(ii)  All.
W.............................  98.236(c)(16)(iii  All.
                                 ).
W.............................  98.236(c)(16)(iv)  All.
W.............................  98.236(c)(16)(v).  All.
W.............................  98.236(c)(16)(vi)  All.
W.............................  98.236(c)(16)(vii  All.
                                 ).
W.............................  98.236(c)(16)(vii  All.
                                 i).
W.............................  98.236(c)(16)(ix)  All.
W.............................  98.236(c)(16)(x).  All.
W.............................  98.236(c)(16)(xi)  All.
W.............................  98.236(c)(16)(xii  All.
                                 ).
W.............................  98.236(c)(16)(xii  All.
                                 i).
W.............................  98.236(c)(16)(xiv  All.
                                 ).
W.............................  98.236(c)(17)(ii)  All.
W.............................  98.236(c)(17)(iii  All.
                                 ).
W.............................  98.236(c)(17)(iv)  All.
W.............................  98.236(c)(18)(i).  All.
W.............................  98.236(c)(18)(ii)  All.
W.............................  98.236(c)(19)(iv)  All.
W.............................  98.236(c)(19)(vii  All.
                                 ).
Y.............................  98.256(h)(5).....  Only value of the
                                                    correction.
Y.............................  98.256(k)(4).....  Only mole fraction of
                                                    methane in coking
                                                    gas.
Y.............................  98.256(n)(3).....  All (if used in
                                                    Equation Y-21 to
                                                    calculate emissions
                                                    from equipment
                                                    leaks).
Y.............................  98.256(o)(4)(vi).  Only tank-specific
                                                    methane composition
                                                    data and gas
                                                    generation rate
                                                    data.
AA............................  98.276(e)........  All.
CC............................  98.296(b)(10)(i).  All.
CC............................  98.296(b)(10)(ii)  All.
CC............................  98.296(b)(10)(iii  All.
                                 ).
CC............................  98.296(b)(10)(iv)  All.
CC............................  98.296(b)(10)(v).  All.
CC............................  98.296(b)(10)(vi)  All.
II............................  98.356(d)(2).....  All (if conducting
                                                    weekly sampling).
II............................  98.356(d)(3).....  All (if conducting
                                                    weekly sampling).
II............................  98.356(d)(4).....  Only weekly average
                                                    temperature (if
                                                    conducting weekly
                                                    sampling).
II............................  98.356(d)(5).....  Only weekly average
                                                    moisture content (if
                                                    conducting weekly
                                                    sampling).
II............................  98.356(d)(6).....  Only weekly average
                                                    pressure (if
                                                    conducting weekly
                                                    sampling).
------------------------------------------------------------------------
\1\ Required to be reported only by stationary fuel combustion sources
  (e.g., individual units, aggregations of units, common pipes, or
  common stacks) subject to subpart C of this part that meet both of the
  following criteria: (1) The stationary fuel combustion source contains
  at least one combustion unit connected to a fuel-fired electric
  generator that has been granted access by the Public Utilities
  Commission to deliver power to the local or regional electric power
  grid (excluding generators that are connected to combustion units
  subject to subpart D of this part); and (2) the stationary fuel
  combustion source is located at a facility for which the sum of the
  nameplate capacities for all such electric generators is greater than
  or equal to 1 megawatt electric output.

0
5. Table A-8 to Subpart A of Part 98 is added to read as follows:

 Table A-8 to Subpart A of Part 98--Calculation Methods for Which Inputs
  to the Calculation Methods Must Be Entered Into Verification Software
                     Specified by the Administrator
------------------------------------------------------------------------
                                          Calculation method (equation
                Subpart                    number in 40 CFR part 98 or
                                             description of method)
------------------------------------------------------------------------
Subpart C \1\                           C-1, C-1a, C-1b, C-2b, C-2c, C-
                                         3, C-4, C-5, C-8, C-8a, C-8b, C-
                                         10, C-13, the calculation
                                         method specified in Sec.
                                         98.3(d)(3)(iv) of subpart A.
Subpart E.............................  E-1, E-2, E-3a, E-3b, E-3c, E-
                                         3d.
Subpart F.............................  F-2 (including the method for
                                         calculating the anode effect
                                         minutes per cell-day (AEM) and
                                         slope coefficients (SCF4), F-3
                                         (including the method for
                                         calculating the overvoltage
                                         factor (EFCF4)), F-5, F-6, F-7,
                                         F-8.
Subpart G.............................  G-1, G-2, G-3.
Subpart H.............................  H-2 (including the method in
                                         Sec.   98.84(d) of subpart H
                                         for calculating the quantity of
                                         clinker produced), H-3, H-4, H-
                                         5.
Subpart K.............................  K-1, K-3.
Subpart L.............................  L-1, L-2, L-3, L-4, L-6, L-7, L-
                                         8, L-17, L-18, L-20, L-21, L-
                                         22, L-23, L-25, L-26, L-27, L-
                                         31, L-34.
Subpart N.............................  N-1.
Subpart O.............................  O-3, O-4, O-8, O-9 (including
                                         the calculation method
                                         specified in Sec.
                                         98.154(l)(2) of subpart O).
Subpart P.............................  P-1, P-2, P-3.

[[Page 56017]]

 
Subpart Q.............................  Q-1, Q-2, Q-3, Q-4, Q-5, Q-6, Q-
                                         7, the calculation methods
                                         specified in Sec.
                                         98.173(b)(2)(iii), (b)(2)(iv),
                                         and (c) of subpart Q.
Subpart R.............................  R-1.
Subpart S.............................  S-1, S-2, S-3, S-4 (including
                                         the calculation method
                                         specified in Sec.   98.194(a).
Subpart U.............................  U-1, U-2.
Subpart V.............................  V-2, V-3a, V-3b, V-3c, V-3d.
Subpart X.............................  X-1, X-2, X-3, C-8.
Subpart Y.............................  Y-1a, Y-1b, Y-3, Y-4, Y-6, Y-8,
                                         Y-11, Y-12 (including the
                                         method for correcting the
                                         calculation, if applicable, as
                                         specified in Sec.
                                         98.253(f)(5)), Y-13, Y-14, Y-
                                         15, Y-16a, Y-16b, Y-17, Y-18, Y-
                                         19, Y-20, Y-22, Y-23, the
                                         methods for calculating
                                         emissions from coke burn-off
                                         specified in Sec.
                                         98.253(c)(4) and (5)
                                         (alternatives to using
                                         Equations Y-9 and Y-10 of Part
                                         98), the calculation method
                                         specified in Sec.   98.253(n)
                                         of subpart Y.
Subpart Z.............................  Z-1a, Z-1b.
Subpart AA............................  C-1, C-1a, C-1b, C-2a, C-3, C-4,
                                         C-5, C-8, C-8a, C-8b, C-9a, AA-
                                         1, AA-2, AA-3.
Subpart BB............................  BB-1, BB-2.
Subpart CC............................  CC-1, CC-2.
Subpart EE............................  EE-2.
Subpart GG............................  GG-1.
Subpart TT............................  TT-2, TT-3.
------------------------------------------------------------------------
\1\ Does not apply to any stationary fuel combustion sources (e.g.,
  individual units, aggregations of units, common pipes, or common
  stacks) subject to subpart C of this part that meet both of the
  following criteria: (1) The stationary fuel combustion source contains
  at least one combustion unit connected to a fuel-fired electric
  generator that has been granted access by the Public Utilities
  Commission to deliver power to the local or regional electric power
  grid (excluding generators that are connected to combustion units
  subject to subpart D of this part); and (2) the stationary fuel
  combustion source is located at a facility for which the sum of the
  nameplate capacities for all such electric generators is greater than
  or equal to 1 megawatt electric output.

Subpart C--[AMENDED]

0
6. Section 98.36 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (b)(9)(iii) and adding paragraph (b)(9)(iv);
0
c. Revising paragraph (c)(2)(ix) and adding paragraph (c)(2)(x);
0
d. Revising paragraphs (e)(2)(i), (e)(2)(ii)(A), (e)(2)(ii)(C), and 
(e)(2)(ii)(D); and adding paragraph (e)(2)(ii)(E); and
0
e. Revising paragraphs (e)(2)(iv)(A), (e)(2)(iv)(C), (e)(2)(iv)(F), 
(e)(2)(ix)(D), (e)(2)(ix)(E) and (e)(2)(ix)(F); and adding paragraph 
(f).
    The revisions and additions read as follows:

Sec.  98.36  Data reporting requirements.

* * * * *
    (a) In addition to the facility-level information required under 
Sec.  98.3, the annual GHG emissions report shall contain the unit-
level or process-level data specified in paragraphs (b) through (f) of 
this section, as applicable, for each stationary fuel combustion source 
(e.g., individual unit, aggregation of units, common pipe, or common 
stack).
    (b) * * *
    (9) * * *
    (iii) The annual CH4 and N2O emissions for 
each type of fuel listed in Table C-2 of this subpart that was 
combusted in the unit during the report year, expressed in metric tons 
of each gas and in metric tons of CO2e.
    (iv) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, report an estimate 
of the heat input from each type of fuel listed in Table C-2 of this 
subpart that was combusted in the unit during the report year.
* * * * *
    (c) * * *
    (2) * * *
    (ix) For each type of fuel listed in Table C-2 of this subpart that 
was combusted during the report year in the units sharing the common 
stack or duct during the report year, the annual CH4 and 
N2O mass emissions from the units sharing the common stack 
or duct, expressed in metric tons of each gas and in metric tons of 
CO2 e.
    (x) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, an estimate of the 
heat input from each type of fuel listed in Table C-2 of this subpart 
that was combusted during the report year in the units sharing the 
common stack or duct during the report year.
* * * * *
    (e) * * *
    (2) * * *
    (i) For the Tier 1 Calculation Methodology, for each stationary 
fuel combustion source that meets the criteria specified in paragraph 
(f) of this section, report the total quantity of each type of fuel 
combusted in the unit or group of aggregated units (as applicable) 
during the reporting year, in short tons for solid fuels, gallons for 
liquid fuels and standard cubic feet for gaseous fuels, or, if 
applicable, therms or mmBtu for natural gas.
    (ii) * * *
    (A) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, the total quantity 
of each type of fuel combusted in the unit or group of aggregated units 
(as applicable) during each month of the reporting year. Express the 
quantity of each fuel combusted during the measurement period in short 
tons for solid fuels, gallons for liquid fuels, and scf for gaseous 
fuels.
* * * * *
    (C) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, the high heat 
values used in the CO2 emissions calculations for each type 
of fuel combusted during the reporting year, in mmBtu per short ton for 
solid fuels, mmBtu per gallon for liquid fuels, and mmBtu per scf for 
gaseous fuels. Report a HHV value for each calendar month in which HHV 
determination is required. If multiple values are obtained in a given 
month, report the arithmetic average value for the month. Indicate 
whether each reported HHV is a measured value or a substitute data 
value.
    (D) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, if Equation C-2c 
of this subpart is used to calculate CO2 mass emissions, 
report the total quantity (i.e., pounds) of steam produced from MSW or 
solid fuel

[[Page 56018]]

combustion during each month of the reporting year, and the ratio of 
the maximum rate heat input capacity to the design rated steam output 
capacity of the unit, in mmBtu per lb of steam.
    (E) For each HHV used in the CO2 emissions calculations 
for each type of fuel combusted during the reporting year, indicate 
whether the HHV is a measured value or a substitute data value.
* * * * *
    (iv) * * *
    (A) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, the quantity of 
each type of fuel combusted in the unit or group of units (as 
applicable) during each month of the reporting year, in short tons for 
solid fuels, gallons for liquid fuels, and scf for gaseous fuels.
* * * * *
    (C) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, the carbon content 
and, if applicable, gas molecular weight values used in the emission 
calculations (including both valid and substitute data values). For 
each calendar month of the reporting year in which carbon content and, 
if applicable, molecular weight determination is required, report a 
value of each parameter. If multiple values of a parameter are obtained 
in a given month, report the arithmetic average value for the month. 
Express carbon content as a decimal fraction for solid fuels, kg C per 
gallon for liquid fuels, and kg C per kg of fuel for gaseous fuels. 
Express the gas molecular weights in units of kg per kg-mole.
* * * * *
    (F) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, the annual average 
HHV, when measured HHV data, rather than a default HHV from Table C-1 
of this subpart, are used to calculate CH4 and 
N2O emissions for a Tier 3 unit, in accordance with Sec.  
98.33(c)(1).
* * * * *
    (ix) * * *
    (D) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, the carbon-based 
F-factor used in Equation C-13 of this subpart, for each type of fossil 
fuel combusted, in scf CO2 per mmBtu.
    (E) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, the annual average 
HHV value used in Equation C-13 of this subpart, for each type of 
fossil fuel combusted, in Btu/lb, Btu/gal, or Btu/scf, as appropriate.
    (F) For each stationary fuel combustion source that meets the 
criteria specified in paragraph (f) of this section, the total quantity 
of each type of fossil fuel combusted during the reporting year, in lb, 
gallons, or scf, as appropriate.
* * * * *
    (f) Each stationary fuel combustion source (e.g., individual unit, 
aggregation of units, common pipe, or common stack) subject to 
reporting under paragraph (b), (c), or (d)(2) of this section must 
indicate if both of the following two conditions are met:
    (1) The stationary combustion source contains at least one 
combustion unit connected to a fuel-fired electric generator that has 
been granted access by the Public Utilities Commission to deliver power 
to the local or regional electric power grid (excluding generators that 
are connected to combustion units that are subject to subpart D of this 
part).
    (2) The stationary fuel combustion source is located at a facility 
for which the sum of the nameplate capacities for all electric 
generators specified in paragraph (f)(1) of this section is greater 
than or equal to 1 megawatt electric output.

Subpart E--[AMENDED]

0
7. Section 98.56 is amended by:
0
a. Revising the introductory text;
0
b. Removing and reserving paragraphs (b), (c), (j)(1), and (j)(3); and
0
c. Adding paragraphs (m) and (n).
    The revisions and additions read as follows:

Sec.  98.56  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c), each 
annual report must contain the information specified in paragraphs (a) 
through (n) of this section at the facility level.
* * * * *
    (m) Annual quantity of cyclohexane fed to all production lines 
combined (metric tons).
    (n) Annual percent N2O emission reduction for all 
production units combined.
* * * * *

Subpart F--[AMENDED]

0
8. Section 98.66 is amended by:
0
a. Removing and reserving paragraphs (a) and (c)(2);
0
b. Revising paragraphs (c)(3), (e)(1), and (f)(1); and
0
c. Removing and reserving paragraph (g).
    The revisions read as follows:

Sec.  98.66  Data reporting requirements.

* * * * *
    (c) * * *
    (3) The last date when the smelter-specific-slope coefficients (or 
overvoltage emission factors) were measured.
* * * * *
    (e) * * *
    (1) Annual anode consumption if using the method in Sec.  98.63(g).
* * * * *
    (f) * * *
    (1) Annual paste consumption if using the method in Sec.  98.63(g).
* * * * *

Subpart G--[AMENDED]

0
9. Section 98.76 is amended by:
0
a. Removing and reserving paragraph (b)(2) and paragraphs (b)(7) 
through (11); and
0
b. Adding paragraphs (b)(14) and (b)(15).
    The revisions and additions read as follows:

Sec.  98.76  Data reporting requirements.

* * * * *
    (b) * * *
    (14) Annual ammonia production (metric tons).
    (15) Annual methanol production (metric tons), if this quantity is 
not reported under subpart X of this part.

Subpart H--[AMENDED]

0
10. Section 98.86 is amended by:
0
a. Removing and reserving paragraphs (b)(2), (b)(5), (b)(6), (b)(8), 
(b)(10), and (12);
0
b. Revising paragraphs (b)(13) and (15); and
0
c. Adding paragraphs (b)(16) through (18).
    The revisions and additions read as follows:

Sec.  98.86  Data reporting requirements.

* * * * *
    (b) * * *
    (13) Name of raw kiln feed or raw material.
* * * * *
    (15) Method used to determine the monthly clinker production from 
each kiln.
    (16) Annual clinker production (metric tons).
    (17) Annual average clinker CO2 emission factor for the 
facility, averaged across all kilns (metric tons CO2/metric 
ton clinker produced).
    (18) Annual average CKD CO2 emission factor for the 
facility, averaged across all kilns (metric tons CO2/metric 
ton CKD produced).

[[Page 56019]]

Subpart K--[AMENDED]

0
11. Section 98.116 is amended by:
0
a. Removing and reserving paragraphs (b), (e)(4), and (e)(5); and
0
b. Revising paragraph (e)(6).
    The revisions read as follows:

Sec.  98.116  Data reporting requirements.

* * * * *
    (e) * * *
    (6) List the method used for the determination of carbon content 
for each material included for the calculation of annual process 
CO2 emissions for each EAF (e.g., supplier provided 
information, analyses of representative samples you collected).
* * * * *

Subpart L--[AMENDED]

0
12. Section 98.126 is amended by:
0
a. Revising paragraph (b)(1);
0
b. Removing and reserving paragraph (b)(2);
0
c. Revising paragraphs (b)(6), (b)(7), and (b)(8)(i) through (iv);
0
d. Removing and reserving paragraphs (b)(8)(v) and (b)(9);
0
e. Revising paragraph (c)(1);
0
f. Removing and reserving paragraph (c)(2);
0
g. Revising paragraph (d); and
0
h. Removing and reserving paragraphs (f)(1), (g)(1), and (h)(2).
    The revisions read as follows:

Sec.  98.126  Data reporting requirements.

* * * * *
    (b) * * *
    (1) If you calculate the relative and absolute errors under Sec.  
98.123(b)(1), the absolute and relative errors calculated under 
paragraph Sec.  98.123(b)(1).
* * * * *
    (6) The chemical formula of each fluorine-containing reactant that 
is fed into the process.
    (7) The chemical formula of each fluorine-containing product 
produced by the process.
    (8) * * *
    (i) The chemical formula of each fluorine-containing product that 
is removed from the process and fed into the destruction device.
    (ii) The chemical formula of each fluorine-containing by-product 
that is removed from the process and fed into the destruction device.
    (iii) The chemical formula of each fluorine-containing reactant 
that is removed from the process and fed into the destruction device.
    (iv) The chemical formula of each fluorine-containing by-product 
that is removed from the process and recaptured.
* * * * *
    (c) * * *
    (1) The identity of the process activity used to estimate emissions 
(e.g., product produced or reactant consumed).
* * * * *
    (d) Reporting for missing data. Where missing data have been 
estimated pursuant to Sec.  98.125, you must report:
    (1) The reason the data were missing, the length of time the data 
were missing, and the method used to estimate the missing data.
    (2) Estimates of the missing data for all missing data associated 
with data elements required to be reported in this section.
* * * * *

Subpart N--[AMENDED]

0
13. Section 98.146 is amended by revising paragraph (b)(2) and removing 
and reserving paragraphs (b)(4) and (b)(6) to read as follows:

Sec.  98.146  Data reporting requirements.

* * * * *
    (b) * * *
    (2) Annual quantity of each carbonate-based raw material charged 
(tons) to all furnaces combined.
* * * * *

Subpart O--[AMENDED]

0
14. Section 98.156 is amended by:
0
a. Removing and reserving paragraphs (a)(2), (a)(7) through (10), 
(b)(1), and (b)(2);
0
b. Revising paragraph (d) introductory text; and
0
c. Removing and reserving paragraphs (d)(1), (d)(5), and (e)(1).
    The revisions read as follows:

Sec.  98.156  Data reporting requirements.

* * * * *
    (d) If the HFC-23 concentration measured pursuant to Sec.  
98.154(l) is greater than that measured during the performance test 
that is the basis for the destruction efficiency (DE), the facility 
shall report the following:
* * * * *

Subpart P--[AMENDED]

0
15. Section 98.166 is amended by:
0
a. Revising the introductory text;
0
b. Removing and reserving paragraphs (b)(2), (b)(5), and (b)(6); and
0
c. Adding paragraphs (b)(7) and (e).
    The revisions and additions read as follows:

Sec.  98.166  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c), each 
annual report must contain the information specified in paragraphs (a) 
or (b) of this section, as appropriate, and paragraphs (c) through (e) 
of this section:
* * * * *
    (b) * * *
    (7) Name and annual quantity (metric tons) of each carbon-
containing fuel and feedstock.
* * * * *
    (e) Annual methanol production (metric tons), if this quantity is 
not reported under subpart X of this part.

Subpart Q--[AMENDED]

0
16. Section 98.176 is amended by:
0
a. Revising paragraph (b);
0
b. Removing and reserving paragraphs (e)(1), (e)(3), (e)(4); and adding 
paragraph (e)(6); and
0
c. Removing and reserving paragraphs (f)(2) through (4), and (g).
    The revisions and additions read as follows:

Sec.  98.176  Data reporting requirements.

* * * * *
    (b) If a CEMS is used to measure CO2 emissions, then you 
must report the annual production quantity for the production unit (in 
metric tons) for taconite pellets, coke, sinter, iron, and raw steel.
* * * * *
    (e) * * *
    (6) The information specified in paragraphs (e)(6)(i) through (vi) 
of this section aggregated for all process units for which 
CO2 emissions were determined using the mass balance method 
in Sec.  98.173(b)(1), except as provided in Sec.  98.174(b)(4).
    (i) The annual mass (metric tons) of all gaseous, liquid, and solid 
fuels (combined) used in process units for which CO2 
emissions were determined using Equations Q-1 through Q-7 of this 
section, calculated as specified in Equation Q-9 of this section.

[[Page 56020]]

[GRAPHIC] [TIFF OMITTED] TP11SE13.008

Where:

Fuel = Annual mass of all gaseous, liquid, and solid fuels used in 
process units (metric tons).
n = Number of process units where fuel is used.
Fg,i = Annual volume of gaseous fuel combusted 
(``(Fg)'' in Equations Q-1, Q-4 and Q-7 of this section) 
for each process (scf).
MWi = Molecular weight of gaseous fuel used in each 
process (kg/kg-mole).
MVC = Molar volume conversion factor at standard conditions, as 
defined in Sec.  98.6. Use 849.5 scf per kg mole if you select 
68[emsp14][deg]F as standard temperature and 836.6 scf per kg mole 
if you select 60[emsp14][deg]F as standard temperature.
Fl,i = Annual volume of the liquid fuel combusted 
(``(Fl)'' included in Equation Q-1 of this section) for 
each process unit (gallons).
Fs,i = Annual mass of the solid fuel combusted 
(``(Fs)'' in Equation Q-1 of this section) for each 
process unit (metric tons).
[rho]l,i = Density of the liquid fuel (kg/gallon).
0.001 = Conversion factor from kg to metric tons.

    (ii) The annual mass (metric tons) of all non-fuel material inputs 
(combined) specified in Equations Q-1 through Q-7 of this section, 
calculated as specified in Equation Q-10 of this section.
[GRAPHIC] [TIFF OMITTED] TP11SE13.009

Where:

NFI = Annual mass of all non-fuel inputs (to all process unit types) 
specified in Equations Q-1 through Q-7 of this section (metric 
tons).
n = Number of process units, all process types.
O = Annual mass of greenball (taconite) pellets fed to the taconite 
furnace(s) (metric tons).
Iron = Annual mass of molten iron charged to the basic oxygen 
furnace(s) plus annual mass of direct reduced iron charged to the 
EAF(s) (metric tons).
Scrap = Annual mass of ferrous scrap charged to the basic oxygen 
furnace(s) and EAF(s) (metric tons).
Flux = Annual mass of flux materials charged to the basic oxygen 
furnace(s) and EAF(s) (metric tons).
Carbon = Annual mass of carbonaceous materials (e.g., coal, coke) 
charged to the basic oxygen furnace(s), EAF(s), and direct reduction 
furnace(s) (metric tons).
Coal = Annual mass of coal charged to the coke oven battery(s) 
(metric tons).
Feed = Annual mass of sinter feed material charged to the sinter 
process(es) (metric tons).
Electrode = Annual mass of carbon electrode consumed in the EAF(s) 
(metric tons).
Steelin = Annual mass of molten steel charged to the 
decarburization vessels (metric tons).
Ore = Annual mass of iron ore or iron ore pellets fed to the direct 
reduction furnace(s) (metric tons).
Other = Annual mass of other materials charged to the direction 
reduction furnace(s) (metric tons).

    (iii) The annual mass (metric tons) of all solid and liquid 
products and byproducts (combined) specified in Equations Q-1 through 
Q-7 of this section, calculated as specified in Equation Q-11 of this 
section.
[GRAPHIC] [TIFF OMITTED] TP11SE13.010

Where:

Products = Annual mass of all solid and liquid products and by-
products (from all process units) specified in Equations Q-1 through 
Q-7 of this section (metric tons).
n = Number of process units, all types.
P = Annual mass of fired pellets produced by the taconite furnace 
(metric tons).
R = Annual mass of air pollution control residue from all process 
units (metric tons).
Steelout = Annual mass of steel produced by the basic 
oxygen furnace(s), EAF(s) and decarburization vessel(s) (metric 
tons).
Slag = Annual mass of slag produced by the basic oxygen furnace(s) 
and EAF(s) (metric tons).
Coke = Annual mass of coke produced by the non-recovery coke 
batteries (metric tons).
Sinter = Annual mass of sinter produced from the sinter process(es) 
(metric tons).
Iron = Annual mass of iron produced from the direct reduction 
furnace (metric tons).
NM = Annual mass of non-metallic materials produced by the direct 
reduction furnace (metric tons).

    (iv) The weighted average carbon content of all gaseous, liquid, 
and solid fuels (combined) included in Equation Q-9 of this section, 
calculated as specified in Equation Q-12 of this section.
[GRAPHIC] [TIFF OMITTED] TP11SE13.011

Where:

CFavg = Weighted average carbon content of all gaseous, 
liquid, and solid fuels included in Equation Q-9 of this section 
(weight fraction).
n = Number of gaseous, liquid, and solid fuel input to each process 
unit as used in Equation Q-9.

[[Page 56021]]

Cgf,i = Average carbon content of the gaseous fuel used 
in each process, from the fuel analysis results (kg C per kg of 
fuel).
Clf,i = Carbon content of the liquid fuel used in each 
process, from the fuel analysis results (kg C per gallon of fuel.
Csf = Carbon content of the solid fuel used in each 
process, from the fuel analysis (expressed as a decimal fraction, 
e.g., 95% = 0.95).
Fuel = Annual mass of all gaseous, liquid, and solid fuels used in 
process units (metric tons), as calculated in Equation Q-9.

    (v) The weighted average carbon content of all non-fuel inputs to 
all process units (combined) included in Equation Q-10 of this section, 
calculated as specified in Equation Q-13 of this section.
[GRAPHIC] [TIFF OMITTED] TP11SE13.012

Where:

CIavg = Weighted average carbon content of all non-fuel 
inputs to all process units included in Equation Q-10 of this 
section (weight fraction).
n = Number of non-fuel inputs to all process units as used in 
Equation Q-10.
NFIi = Annual mass of each non-fuel input used in 
Equation Q-10 (metric tons).
CNFIi = Average carbon content of each non-fuel input 
used in Equation Q-10 (expressed as a decimal fraction).
NFI = Total of all non-fuel inputs to all process units (metric 
tons).

    (vi) The weighted average carbon content of all solid and liquid 
products and byproducts from all process units (combined) included in 
Equation Q-11 of this section, calculated as specified in Equation Q-14 
of this section.
[GRAPHIC] [TIFF OMITTED] TP11SE13.013

Where:

CPavg = Weighted average carbon content of all solid and 
liquid products and byproducts from all process units (weight 
fraction).
n = Number of products and byproducts from each process unit as used 
in Equation Q-11 of this section.
Producti = Annual mass of each product or byproduct used 
in Equation Q-11 of this section (metric tons).
Cp,i = Average carbon content of each product or 
byproduct used in Equation Q-11 of this section (expressed as a 
decimal fraction).
Products = Mass of all products and byproducts from all process 
units, calculated in Equation Q-11 of this section (metric tons).
* * * * *

Subpart R--[AMENDED]

0
17. Section 98.186 is amended by removing and reserving paragraphs 
(b)(6) and (b)(7); and revising paragraph (b)(8) to read as follows:

Sec.  98.186  Data reporting procedures.

* * * * *
    (b) * * *
    (8) List the method used for the determination of carbon content 
for each material used for the calculation of annual process 
CO2 emissions using Equation R-1 of this subpart for each 
smelting furnace (e.g., supplier provided information, analyses of 
representative samples you collected).
* * * * *

Subpart S--[AMENDED]

0
18. Section 98.196 is amended by:
0
a. Revising paragraph (b) introductory text;
0
b. Removing and reserving paragraphs (b)(2), (b)(3), (b)(5), (b)(6), 
(b)(8), (b)(10), (b)(11), and (b)(12); and
0
c. Adding paragraph (b)(18).
    The revisions and additions read as follows:

Sec.  98.196  Data reporting requirements.

* * * * *
    (b) If a CEMS is not used to measure CO2 emissions, then 
you must report the information listed in paragraphs (b)(1) through 
(18) of this section.
* * * * *
    (18) Annual quantity (metric tons) of lime product sold, by type.

Subpart U--[AMENDED]

0
19. Section 98.216 is amended by removing and reserving paragraphs (b), 
(e)(1), (e)(2), and (f).

Subpart V--[AMENDED]

0
20. Section 98.226 is amended by:
0
a. Revising the introductory text;
0
b. Removing and reserving paragraphs (d), (m)(1), and (m)(3); and
0
c. Adding paragraph (q).
    The revisions and additions read as follows:

Sec.  98.226  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c), each 
annual report must contain the information specified in paragraphs (a) 
through (q) of this section.
* * * * *
    (q) Annual percent N2O emission reduction for all 
production units combined.

Subpart X--[AMENDED]

0
21. Section 98.246 is amended by:
0
a. Revising paragraph (a) introductory text and paragraphs (a)(2) and 
(a)(4);
0
b. Adding paragraphs (a)(12) and (13);
0
c. Revising paragraph (b) introductory text;
0
d. Removing and reserving paragraphs (b)(5)(iii) and (b)(5)(iv); and
0
e. Adding paragraphs (b)(9) and (b)(10).
    The revisions and additions read as follows:

Sec.  98.246  Data reporting requirements.

* * * * *
    (a) If you use the mass balance methodology in Sec.  98.243(c), you 
must report the information specified in paragraphs (a)(1) through 
(a)(13) of this section for each type of petrochemical produced, 
reported by process unit.
* * * * *
    (2) The type of petrochemical produced, names of products, and 
names of carbon-containing feedstocks.
* * * * *
    (4) The temperature (in [deg]F) at which the gaseous feedstock and 
product volumes used in Equation X-1 of this subpart were determined.
* * * * *
    (12) Name and annual quantity (in metric tons) of each carbon-
containing feedstock included in Equations X-1, X-2, and X-3 of Sec.  
98.243 of this subpart.
    (13) Name and annual quantity (in metric tons) of each product 
included in

[[Page 56022]]

Equations X-1, X-2, and X-3 of Sec.  98.243 of this subpart.
    (b) If you measure emissions in accordance with Sec.  98.243(b), 
then you must report the information listed in paragraphs (b)(1) 
through (b)(10) of this section.
* * * * *
    (9) Name and annual quantity (in metric tons) of each carbon-
containing feedstock.
    (10) Name and annual quantity (in metric tons) of each carbon-
containing co-product.
* * * * *

Subpart Y--[AMENDED]

0
22. Section 98.256 is amended by:
0
a. Revising paragraphs (e)(6) and (e)(7) introductory text;
0
b. Removing and reserving paragraph (e)(7)(ii);
0
c. Revising paragraphs (e)(9) and (e)(10);
0
d. Adding paragraph (e)(11);
0
e. Revising paragraphs (f)(7) and (f)(10) through (13);
0
f. Removing and reserving paragraph (h)(4);
0
g. Revising paragraphs (h)(5), (i)(5), (i)(7), and (i)(8);
0
h. Removing and reserving paragraph (j)(2);
0
i. Revising paragraphs (j)(5) through (9), (k)(3), (k)(4), (l)(5), and 
(m)(3);
0
j. Removing and reserving paragraphs (o)(2)(ii), (o)(4)(ii) through 
(v), and (o)(6) and (7); and
0
k. Revising paragraph (p)(2).
    The revisions and additions read as follows:

Sec.  98.256  Data reporting requirements.

* * * * *
    (e) * * *
    (6) If you use Equation Y-1a of this subpart, an indication of 
whether daily or weekly measurement periods are used, the annual volume 
of flare gas combusted (in scf/year) and the annual average molecular 
weight (in kg/kg-mole), and annual average carbon content of the flare 
gas (in kg carbon per kg flare gas).
    (7) If you use Equation Y-1b of this subpart, an indication of 
whether daily or weekly measurement periods are used, the annual volume 
of flare gas combusted (in scf/year), the annual average CO2 
concentration (volume or mole percent), the number of carbon containing 
compounds other than CO2 in the flare gas stream, and for 
each of the carbon containing compounds other than CO2 in 
the flare gas stream:
* * * * *
    (9) If you use Equation Y-3 of this subpart, the number of SSM 
events exceeding 500,000 scf/day.
    (10) The basis for the value of the fraction of carbon in the flare 
gas contributed by methane used in Equation Y-4 of this subpart.
    (11) If using Equation Y-3 of this subpart, report:
    (i) Annual quantity of flare gas combusted (in MMscf per year).
    (ii) Annual average molecular weight of flare gas combusted (in 
mmBtu per MMscf).
    (iii) Annual average carbon content of flare gas combusted 
(expressed as a decimal fraction).
    (f) * * *
    (7) If you use Equation Y-6 of this subpart, the annual average 
exhaust gas flow rate, %CO2, and %CO.
* * * * *
    (10) If you use Equation Y-8 of this subpart, the basis for the 
value of the coke burn-off factor, annual throughput of unit, and the 
average carbon content of coke.
    (11) Indicate whether you use a measured value, a unit-specific 
emission factor, or a default emission factor for CH4 
emissions. If you use a unit-specific emission factor for 
CH4, report the basis for the factor.
    (12) Indicate whether you use a measured value, a unit-specific 
emission factor, or a default emission factor for N2O 
emissions. If you use a unit-specific emission factor for 
N2O, report the basis for the factor.
    (13) If you use Equation Y-11 of this subpart, the number of 
regeneration cycles or measurement periods during the reporting year 
and the average coke burn-off quantity per cycle or measurement period.
* * * * *
    (h) * * *
    (5) If you recycle tail gas to the front of the sulfur recovery 
plant, indicate whether the recycled flow rate and carbon content are 
included in the measured data under Sec.  98.253(f)(2) and (3). 
Indicate whether a correction for CO2 emissions in the tail 
gas was used in Equation Y-12 of this subpart. If so, then report:
    (i) The value of the correction.
    (ii) If the following data are not used to calculate the recycling 
correction factor, report the information specified in paragraphs 
(h)(5)(ii)(A) through (C) of this section.
    (A) The annual volume of recycled tail gas (in scf/year) only.
    (B) The annual average mole fraction of carbon in the tail gas (in 
kg-mole C/kg-mole gas).
    (C) Indicate whether you used the default (95%) or a unit specific 
correction, and if used, report the approach used.
* * * * *
    (i) * * *
    (5) If you use Equation Y-13 of this subpart, an indication of 
whether coke dust is recycled to the unit (e.g., all dust is recycled, 
a portion of the dust is recycled, or none of the dust is recycled).
* * * * *
    (7) Indicate whether you use a measured value, a unit-specific 
emission factor or a default for CH4 emissions. If you use a 
unit-specific emission factor for CH4, report the basis for 
the factor.
    (8) Indicate whether you use a measured value, a unit-specific 
emission factor, or a default emission factor for N2O 
emissions. If you use a unit-specific emission factor for 
N2O, report the basis for the factor.
    (j) * * *
    (5) If you use Equation Y-14 of this subpart, the basis for the 
CO2 emission factor used.
    (6) If you use Equation Y-15 of this subpart, the basis for the 
CH4 emission factor used.
    (7) If you use Equation Y-16 of this subpart, the basis for the 
carbon emission factor used.
    (8) If you use Equation Y-16b of this subpart, the basis for the 
CO2 emission factor used and the basis for the carbon 
emission factor used.
    (9) If you use Equation Y-17 of this subpart, the basis for the 
CH4 emission factor used.
    (k) * * *
    (3) The total number of delayed coking units at the facility; the 
total number of delayed coking drums at the facility; and, for each 
coke drum or vessel, the typical drum outage (i.e. the unfilled 
distance from the top of the drum, in feet).
    (4) For each set of coking drums that are the same dimensions, the 
number of coking drums in the set, and the mole fraction of methane in 
coking gas (in kg-mole CF4/kg-mole gas, wet basis).
* * * * *
    (l) * * *
    (5) The annual volumetric flow discharged to the atmosphere (in 
scf), and an indication of the measurement or estimation method, annual 
average mole fraction of each GHG above the concentration threshold or 
otherwise required to be reported and an indication of the measurement 
or estimation method, and for intermittent vents, the number of venting 
events and the cumulative venting time.
    (m) * * *
    (3) For uncontrolled blowdown systems reporting under Sec.  
98.253(k), the basis for the value of the methane

[[Page 56023]]

emission factor used for uncontrolled blowdown systems.
* * * * *
    (p) * * *
    (2) The types of materials loaded that have an equilibrium vapor-
phase concentration of methane of 0.5 volume percent or greater, and 
the type of vessel (barge, tanker, marine vessel, etc.) in which each 
type of material is loaded.
* * * * *

Subpart Z--[AMENDED]

0
23. Section 98.266 is amended by removing and reserving paragraphs 
(f)(5) and (f)(6).

Subpart AA--[AMENDED]

0
24. Section 98.276 is amended by:
0
a. Revising the introductory paragraph;
0
b. Removing and reserving paragraph (b);
0
c. Revising paragraph (c);
0
d. Removing and reserving paragraphs (d), (f), (g), (h) and (i); and
0
e. Adding paragraphs (l) and (m).
    The revisions and additions read as follows:

Sec.  98.276  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c) and the 
applicable information required by Sec.  98.36, each annual report must 
contain the information in paragraphs (a) through (m) of this section 
as applicable:
* * * * *
    (c) Basis for determining the annual mass of the spent liquor 
solids combusted (whether based on T650 om-05 Solids Content of Black 
Liquor, TAPPI (incorporated by reference, see Sec.  98.7) or an online 
measurement system).
* * * * *
    (l) For each pulp mill lime kiln, report the information specified 
in paragraphs (l)(1) and (2) of this section.
    (1) The quantity of calcium oxide (CaO) produced (metric tons).
    (2) The percent of annual heat input, individually for each fossil 
fuel type.
    (m) For each chemical recovery furnace and each chemical recovery 
combustion unit for which you are not using Equation C-2c of this part 
to calculate CO2 emissions, report the information specified 
in paragraphs (m)(1) and (2) of this section.
    (1) The annual mass of steam generated (lb steam), individually for 
each fossil fuel type and for spent liquor solids.
    (2) The ratio of the unit's maximum rated heat input capacity to 
its design rated steam output capacity (mmBtu/lb steam), individually 
for each fossil fuel type and for spent liquor solids.

Subpart BB--[AMENDED]

0
25. Section 98.286 is amended by removing and reserving paragraphs 
(b)(1), (b)(4), and (b)(6).

Subpart CC--[AMENDED]

0
26. Section 98.296 is amended by removing and reserving paragraphs 
(b)(5) through (7).

Subpart EE--[AMENDED]

0
27. Section 98.316 is amended by removing and reserving paragraphs 
(b)(6) and (b)(9).

Subpart GG--[AMENDED]

0
28. Section 98.336 is amended by removing and reserving paragraphs 
(b)(6), (b)(7), and (b)(10).

Subpart TT--[AMENDED]

0
29. Section 98.466 is amended by:
0
a. Removing and reserving paragraph (c)(3)(i);
0
b. Revising paragraph (c)(3)(ii); and
0
c. Removing and reserving paragraph (c)(3)(iii).
    The revisions read as follows:

Sec.  98.466  Data reporting requirements.

* * * * *
    (c) * * *
    (3) * * *
    (ii) The year of the data used in Equation TT-2 for 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).
* * * * *
[FR Doc. 2013-21773 Filed 9-10-13; 8:45 am]
BILLING CODE 6560-50-P
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