6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL- xxxx-x]

RIN 2060-AQ85

Mandatory Reporting of Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is amending specific provisions in the 

Mandatory Reporting of Greenhouse Gases Rule to correct certain 

technical and editorial errors that have been identified since 

promulgation and to clarify certain provisions that have been 

the subject of questions from reporters. These final changes 

include additional information to clarify compliance 

obligations, correct data reporting elements so they more 

closely conform to the information used to perform calculations, 

and make other corrections and amendments. In addition, these 

final amendments allow a limited, one-time six month extension 

of the 2012 reporting deadline for facilities and suppliers that 

contain one or more source categories for which data collection 

began in 2011. 

EFFECTIVE DATE: The final rule amendments are effective on 

[INSERT THE DATE 30 DAYS AFTER PUBLICATION OF THIS FINAL RULE IN 

THE FEDERAL REGISTER].
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ADDRESSES: The EPA has established a docket for this action 

under Docket ID No. EPA-HQ-OAR-2011-0147. All documents in the 

docket are listed in the http://www.regulations.gov index.

Although listed in the index, some information is not publicly 

available, e.g., confidential business information (CBI) or 

other information whose disclosure is restricted by statute.

Certain other material, such as copyrighted material, is not 

placed on the Internet and will be publicly available only in 

hard copy form. Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard copy at the EPA’s Docket 

Center, Public Reading Room, EPA West Building, Room 3334, 1301 

Constitution Avenue, NW, Washington, DC 20004. This Docket 

Facility is open from 8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The telephone number for the 

Public Reading Room is (202) 566-1744, and the telephone number 

for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change 

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

Environmental Protection Agency, 1200 Pennsylvania Ave., NW, 

Washington, DC 20460; telephone number: (202) 343-9263; fax 

number: (202) 343-2342; email address: GHGReportingRule@epa.gov.

For technical information and implementation materials, please 

go to the Greenhouse Gas Reporting Program website 
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http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

To submit a question, select Rule Help Center, followed by 

Contact Us.

SUPPLEMENTARY INFORMATION:

Regulated Entities. The Administrator determined that this 

action is subject to the provisions of Clean Air Act (CAA) 

section 307(d). See CAA section 307(d)(1)(V) (the provisions of 

section 307(d) apply to “such other actions as the Administrator 

may determine”). These are final amendments to existing 

regulations. These amended regulations affect owners or 

operators of certain industrial gas suppliers, direct emitters 

of GHGs, and facilities that geologically sequester or otherwise 

inject carbon dioxide (CO2) underground. Regulated categories 

and examples of affected entities include those listed in Table 

1 of this preamble:

Table 1. Examples of Affected Entities by Category

Category NAICS Examples of affected facilities

Magnesium 

Production 

331419 Primary refiners of nonferrous metals by 

electrolytic methods.

331492 Secondary magnesium processing plants.

Petroleum and 

Natural Gas Systems 486210 Pipeline transportation of natural gas.

221210 Natural gas distribution facilities.

211 Extractors of crude petroleum and natural 

gas.

211112 Natural gas liquid extraction facilities.

Underground Coal 

Mines

212113 Underground anthracite coal mining 

operations.

212112 Underground bituminous coal mining 

operations.

Electronics 

Manufacturing

334111 Microcomputers manufacturing facilities.
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Category NAICS Examples of affected facilities

334413 Semiconductor, photovoltaic (solid-state) 

device manufacturing facilities.

334419 LCD unit screens manufacturing facilities.

334419 MEMS manufacturing facilities.

Electrical 

Transmission and 

Distribution 

Equipment Use 

221121 Electric bulk power transmission and 

control facilities.

Electric Equipment 

Manufacture or 

Refurbishment

33531 Power transmission and distribution 

switchgear and specialty transformers 

manufacturing facilities.

Fluorinated GHG 

Production

325120 Industrial gases manufacturing facilities.

Importers and 

Exporters of Precharged Equipment 

and

Closed-Cell Foams.

423730 Air-conditioning equipment (except room 

units) merchant wholesalers.

333415 Air conditioning equipment (except motor 

vehicle) manufacturing.

423620 Air conditioners, room, merchant 

wholesalers.

443111 Household appliance stores.

326150 Polyurethane foam products manufacturing.

335313 Circuit breakers, power, manufacturing.

423610 Circuit breakers merchant wholesalers.

Industrial 

Wastewater 

Treatment

322110 Pulp mills.

322121 Paper mills.

322122 Newsprint mills

322130 Paperboard mills.

311611 Meat processing facilities.

311411 Frozen fruit, juice, and vegetable 

manufacturing facilities.

311421 Fruit and vegetable canning facilities.

325193 Ethanol manufacturing facilities.

324110 Petroleum refineries.

Suppliers of 

Industrial GHGs

325120 Industrial gas production facilities.

CO2 Enhanced Oil 

and Gas Recovery 

Projects

211 Oil and gas extraction projects using CO2 

enhanced oil and gas recovery.

Acid Gas Injection 

Projects

211111

211112

Projects that inject acid gas containing 

CO2 underground.

Geologic 

Sequestration of 

Carbon Dioxide

N/A CO2geologic sequestration projects

Industrial Waste 

Landfills

562212 Solid waste landfills.

322110 Pulp mills.

322121 Paper mills.

322122 Newsprint mills.

322130 Paperboard mills.

311611 Meat processing facilities.
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Category NAICS Examples of affected facilities

311411 Frozen fruit, juice, and vegetable 

manufacturing facilities.

311421 Fruit and vegetable canning facilities.

221320 Sewage treatment facilities.

Table 1 of this preamble is not intended to be exhaustive, 

but rather lists the types of facilities or suppliers that the

EPA is now aware could potentially be affected by the reporting 

requirements. Other types of facilities and suppliers than those 

listed in the table could also be subject to reporting 

requirements. To determine whether you are affected by this 

action, you should carefully examine the applicability criteria 

found in 40 CFR part 98, subpart A or the relevant criteria in 

the sections related to suppliers and direct emitters of GHGs.

If you have questions regarding the applicability of this action 

to a particular facility or supplier, consult the person listed 

in the preceding FOR FURTHER GENERAL INFORMATION CONTACT

section.

Judicial Review. Under section 307(b)(1) of the CAA, 

judicial review of this final rule is available only by filing a 

petition for review in the U.S. Court of Appeals for the 

District of Columbia Circuit (the Court) by [INSERT THE DATE 60 

DAYS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 

FEDERAL REGISTER]. Under CAA section 307(d)(7)(B), only an 

objection to this final rule that was raised with reasonable 

specificity during the period for public comment can be raised 
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during judicial review. Section 307(d)(7)(B) of the CAA also 

provides a mechanism for the EPA to convene a proceeding for 

reconsideration, “[i]f the person raising an objection can 

demonstrate to EPA that it was impracticable to raise such 

objection within [the period for public comment] or if the 

grounds for such objection arose after the period for public 

comment (but within the time specified for judicial review) and 

if such objection is of central relevance to the outcome of the 

rule.” Any person seeking to make such a demonstration to us 

should submit a Petition for Reconsideration to the Office of 

the Administrator, Environmental Protection Agency, Room 3000, 

Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 

20460, with a copy to the person listed in the preceding FOR 

FURTHER GENERAL INFORMATION CONTACT section, and the Associate 

General Counsel for the Air and Radiation Law Office, Office of 

General Counsel (Mail Code 2344A), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20004. Note, 

under CAA section 307(b)(2), the requirements established by 

this final rule may not be challenged separately in any civil or 

criminal proceedings brought by the EPA to enforce these 

requirements.

Acronyms and Abbreviations. The following acronyms and 

abbreviations are used in this document.

acf actual cubic feet
Page 7 of 124

AGR acid gas removal

ASTM American Society for Testing and Materials

BAMM best available monitoring methods

CAA Clean Air Act

CBI confidential business information

CEMS continuous emissions monitoring system

CFC chlorofluorocarbon

CFR Code of Federal Regulations

CH4 methane

CO2 carbon dioxide

DOC degradable organic carbon

EF emission factor

e-GGRT electronic-GHG Reporting Tool

EPA U.S. Environmental Protection Agency

FR Federal Register

GHG greenhouse gas

GHGRP Greenhouse Gas Reporting Program

HCFC hydrochlorofluorocarbon

kg kilograms

kg/ft3 kilograms per cubic foot

mcf methane correction factor

MMscf million standard cubic feet

MRV monitoring, reporting and verification

MSHA Mine Safety and Health Administration

MtCO2e metric tons carbon dioxide equivalent

N2O nitrous oxide

NAICS North American Industry Classification System

NOAA National Oceanic and Atmospheric Administration

NTTAA National Technology Transfer and Advancement Act

OMB Office of Management and Budget

PFCs perfluorocarbons

QA/QC quality assurance/quality control

psia pounds per square inch absolute

RFA Regulatory Flexibility Act
Page 8 of 124

SBREFA Small Business Regulatory Enforcement Fairness Act

SF6 sulfur hexafluoride

U.S. United States

UMRA Unfunded Mandates Reform Act of 1995

TABLE OF CONTENTS 

I. Background

A. How is this preamble organized?

B. Background on this Action.

C. Legal Authority.

D. How will these amendments apply to 2012 reports?

II. Final Amendments and Responses to Public Comments

A. Subpart A – General Provisions.

B. Subpart W – Petroleum and Natural Gas Systems.

C. Subpart FF — Underground Coal Mines.

D. Subpart II – Industrial Wastewater Treatment.

E. Subpart OO — Suppliers of Industrial Greenhouse Gases.

F. Subpart RR – Geologic Sequestration of Carbon Dioxide.

G. Subpart TT — Industrial Waste Landfills.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563: Improving Regulation and Regulatory 

Review.

B. Paperwork Reduction Act.

C. Regulatory Flexibility Act (RFA).

D. Unfunded Mandates Reform Act (UMRA).

E. Executive Order 13132: Federalism.

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments.

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks.

H. Executive Order 13211: Actions that Significantly Affect 

Energy Supply, Distribution, or Use.

I. National Technology Transfer and Advancement Act.

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Populations.

K. Congressional Review Act.

I. Background

A. How is this preamble organized?
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The first section of this preamble contains the basic 

background information about the origin of these rule 

amendments. This section also discusses the EPA’s use of our 

legal authority under the Clean Air Act to collect data under 

the Mandatory Reporting of Greenhouse Gases (GHG reporting) 

rule.

The second section of this preamble describes in detail the 

rule changes that are being promulgated to, among other things, 

correct technical errors, provide clarification, and address 

implementation issues identified by the EPA and others. This 

section also presents a summary and the EPA’s response to the 

major public comments submitted on the proposed rule amendments, 

and significant changes, if any, made since proposal in response 

to those comments. Responses to additional comments received 

can be found in the document, “Response to Comments: 2011 

Technical Corrections, Clarifying and Other Amendments to

Certain Provisions of the Mandatory Reporting of Greenhouse 

Gases Rule” (see EPA-HQ-OAR-2011-0147).

Finally, the last (third) section of the preamble discusses 

the various statutory and executive order requirements 

applicable to this rulemaking.

B. Background on this Action.

The 2009 final GHG reporting rule (2009 final rule) was 

signed by EPA Administrator Lisa Jackson on September 22, 2009 
Page 10 of 124

and published in the Federal Register on October 30, 2009 (74 FR 

56260, October 30, 2009). The 2009 final rule, which became 

effective on December 29, 2009, includes reporting of GHGs from 

various facilities and suppliers, consistent with the 2008 

Consolidated Appropriations Act

1

. Subsequent notices were 

published in 2010 promulgating the requirements for subparts FF, 

II, and TT (75 FR 39736, July 12, 2010), subpart DD (75 FR 

74774, December 1, 2010) and subpart RR (75 FR 75060, December 

1, 2010). Subpart OO, which was promulgated as part of the 2009 

final rule was also revised in 2010 (75 FR 79092, December 17, 

2010). The source categories in 40 CFR part 98 (Part 98) cover 

approximately 85-90 percent of U.S. GHG emissions through 

reporting by direct emitters, as well as suppliers of certain 

products that would result in GHG emissions when released, used, 

or oxidized, and those that geologically sequester or otherwise 

inject carbon dioxide (CO2) underground.

The EPA published a notice proposing these amendments on 

August 4, 2011 (76 FR 47392). The public comment period for the 

proposed rule amendments ended on September 19, 2011. The EPA 

did not receive any requests to hold a public hearing.

C. Legal Authority.

 

1 Consolidated Appropriations Act, 2008, Public Law 110–161, 121 Stat. 1844,

2128. 
Page 11 of 124

The EPA is finalizing these rule amendments under its 

existing CAA authority, specifically authorities provided in CAA 

section 114. 

As stated in the preamble to the 2009 final rule (74 FR 

56260) and the Response to Comments on the Proposed Rule, Volume 

9, Legal Issues, CAA section 114 provides the EPA broad 

authority to require the information to be gathered by this rule 

because such data would inform and are relevant to the EPA’s 

carrying out a wide variety of CAA provisions. As discussed in 

the preamble to the initial proposed rule (74 FR 16448, April 

10, 2009), CAA section 114(a)(1) authorizes the Administrator to 

require emissions sources, persons subject to the CAA, 

manufacturers of control or process equipment, or persons whom 

the Administrator believes may have necessary information to 

monitor and report emissions and provide such other information 

the Administrator requests for the purposes of carrying out any 

provision of the CAA. For further information about the EPA’s 

legal authority, see the preambles to the 2009 proposed and 

final rules and the EPA’s Response to Comments Documents.

2

D. How will these amendments apply to 2012 reports?

We have determined that it is feasible for the sources to 

implement these technical amendments for the 2011 reporting year 

 

2 74 FR 16448 (April 10, 2009) and 74 FR 56260 (October 30, 2009). Response to 

Comments Documents can be found at 

http://www.epa.gov/climatechange/emissions/responses.html
Page 12 of 124

because the revisions primarily provide additional clarification 

regarding the existing regulatory requirements, do not change 

the type of information that must be collected, and do not 

materially affect how GHG emissions or quantities are 

calculated. Our rationale for this determination is explained in 

the preamble to the proposed rule amendments.

3

In response to 

general comments submitted on the proposed rulemaking, we have 

again reviewed the final amendments and determined that they can 

be implemented, as finalized, for the 2011 reporting year. These 

amendments do not require any additional monitoring or data

collection above what was already included in 40 CFR part 98; 

therefore, we have determined that reporters can use the same 

information that they have been collecting under 40 CFR part 98

for each subpart to calculate and report GHG information for 

2011 and submit reports in 2012 under the amended subparts.

Although the EPA has determined that these amendments can 

be effective for the calculation of GHG emissions and quantities 

for the 2011 reporting year, we do note that the EPA is 

finalizing a limited one-time extension of the 2012 reporting 

deadline to enable testing of the electronic-GHG Reporting Tool 

(e-GGRT), which will reflect these amendments. For information 

on these final amendments and the response to comments on the 

2012 deadline, please refer to Section II.A.2 of this preamble. 

 

3 76 FR 74392 (August 4, 2011).
Page 13 of 124

The EPA did not receive any specific comments expressing 

concern about the implementation of the amendments for 2011 data 

collection. One commenter encouraged the EPA to develop guidance 

documents to clarify the changes in the final rule. In addition 

to the summary of the requirements and rationale in this 

preamble, we are also updating subpart-specific outreach 

materials on our website. Technical information and 

implementation materials can be found on the Greenhouse Gas 

Reporting Program website 

http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

II. Final Amendments and Responses to Public Comments

We are amending various subparts in 40 CFR part 98 to 

correct errors in the regulatory language that were identified 

following promulgation of subparts A and OO on October 30, 2009, 

subparts FF, II, and TT on July 12, 2010, and subparts DD and RR 

on December 1, 2010. These errors were identified as a result of 

working with reporters to implement the various subparts of 40 

CFR part 98. We are also amending certain rule provisions to 

provide greater clarity. The amendments to 40 CFR part 98

include the following types of changes:

 Changes to correct cross references within and between 

subparts.

 Additional information to better or more fully understand 

compliance obligations in a specific provision, such as the 

reference to a standardized method that must be followed.
Page 14 of 124

 Amendments to certain equations to better reflect actual 

operating conditions.

 Corrections to terms and definitions in certain equations.

 Corrections to data reporting requirements so that they 

more closely conform to the information used to perform 

calculations.

 Other amendments related to certain issues identified as a 

result of working with the affected sources during rule 

implementation and outreach.

Additionally, we are promulgating a one-time, six month

extension of the 2012 reporting deadline for facilities and 

suppliers that contain any source category for which data 

collection began in 2011. The final amendments promulgated by 

this action reflect the EPA’s consideration of the comments 

received on the proposal. The major public comments and the 

EPA’s responses for each subpart are provided in this preamble.

Our responses to additional significant public comments on the 

proposal are presented in a comment response document available 

in Docket ID No. EPA–HQ–OAR-2011-0147.

A. Subpart A – General Provisions.

1. Summary of final amendments and major changes since proposal.

The EPA is promulgating several technical clarifications 

and amendments to subpart A to address issues raised by 

reporters and identified by the EPA during the early years of

implementation of the GHG Reporting Program (GHGRP), as well as 

to clarify terminology to ensure consistency across all 

subparts.
Page 15 of 124

Threshold for electrical transmission and distribution 

equipment use. We are amending Table A-3 in the General 

Provisions to clarify applicability of the rule for Electrical

Transmission and Distribution Equipment Use (subpart DD).

Specifically, we are revising the Table A-3 entry for subpart DD 

to reference the capacity threshold language of 40 CFR 98.301 as 

follows: Electrical transmission and distribution use at 

facilities where the total nameplate capacity of SF6 and PFC

containing equipment exceeds 17,820 pounds, as determined under 

40 CFR 98.301 (subpart DD). This revision clarifies that only 

those facilities above the capacity threshold requirements of 40 

CFR 98.301 must submit an annual report. 

Threshold for underground coal mines. We are revising the 

threshold for underground coal mines subject to subpart FF to 

include only those that have ventilation emissions of 36,500,000 

acf of CH4 or more per year. For a full description of this 

change, please refer to the relevant discussion under subpart FF 

of this action. 

Computation of time. The EPA is adding a provision to 40 

CFR 98.3(b) to allow information, including but not limited to, 

the annual GHG report and any subsequent re-submissions, the 

certificate of representation, and requests to use best 

available monitoring methods, to be submitted to the EPA on the 

next business day in the event that a regulatory deadline falls 
Page 16 of 124

on a weekend or a federal holiday. This revision is consistent 

with a similar provision under the Acid Rain Program (40 CFR 

72.11) and provides all reasonable flexibilities for submitting 

data in a timely manner without compromising program integrity. 

2012 reporting deadline. We are promulgating a one-time, 

six month extension of the 2012 reporting deadline for 

facilities and suppliers that contain one or more source 

categories for which data collection began in 2011 (referred to 

below as the “new 2011 reporting year source categories”), in 

order to allow sufficient time for development, and more 

importantly stakeholder testing, of the electronic-GHG Reporting 

Tool (e-GGRT). The deadline extension from March 31, 2012 to 

September 28, 2012 applies to any facility that contains one or 

more of the following source categories in Table A-3 or Table A4: Electronics Manufacturing (subpart I), Fluorinated Gas 

Production (subpart L), Magnesium Production (subpart T),

Petroleum and Natural Gas Systems (subpart W), Use of Electric 

Transmission and Distribution Equipment (subpart DD), 

Underground Coal Mines (subpart FF), Industrial Wastewater 

Treatment (subpart II), Geologic Sequestration of Carbon Dioxide 

(subpart RR), Manufacture of Electric Transmission and 

Distribution (subpart SS), Industrial Waste Landfills (subpart 

TT), and Injection of Carbon Dioxide (subpart UU). In addition, 

the extension of the reporting deadline from March 31, 2012 to 
Page 17 of 124

September 28, 2012 applies to the following source category in 

Table A-5: Imports and Exports of Equipment Pre–charged with 

Fluorinated GHGs or Containing Fluorinated GHGs in Closed–cell 

Foams (subpart QQ).

The proposed rule would have required these facilities and 

suppliers to report twice, with the reporting deadline extended 

to September 28, 2012 only for reporting of GHG information from 

the new 2011 reporting year source categories included in Tables 

A-3, A-4 or A-5 of 40 CFR part 98. All other GHG information 

(e.g., for General Stationary Combustion (subpart C)) would have 

still been required to be reported in March 2012. The EPA 

believed that these two separate submission deadlines would be 

appropriate because the extension was only necessary to allow 

time for stakeholder testing of e-GGRT for the new 2011 

reporting year source categories. Facilities and suppliers had 

already successfully demonstrated submission of information 

through e-GGRT for the source categories required to begin data 

collection in 2010. Therefore, we believed it was appropriate to 

limit the extension to the reporting of only the new information 

for the 2011 reporting year. 

Based on the comments received on the proposed rule, this 

final rule extends the reporting deadline to September 28, 2012 

for any facility or supplier that contains a new 2011 reporting 

year source category, and it applies to the reporting of GHG 
Page 18 of 124

information from all source categories at their facility. The 

rationale for this change since proposal is discussed further 

below in Section II.A.2 of this preamble. 

In order for the EPA to identify which facilities and 

suppliers are subject to this one-time extension of the 2012 

reporting deadline, we are requiring that all reporters that 

submitted an annual GHG report to the EPA for the 2010 reporting 

year (i.e., submitted their first annual GHG report by September 

30, 2011) notify the EPA through e-GGRT by March 31, 2012 that 

they are not required to submit their second annual GHG report 

until September 28, 2012. This requirement to notify the EPA by 

March 31, 2012 does not apply to any facilities or suppliers 

that are reporting for the first time in 2012. 

Reporting on use of Best Available Monitoring Methods 

(BAMM). We are amending 40 CFR 98.3(c)(7) to remove the phrase 

“according to paragraph (d) of this section”, thereby requiring 

all facilities and suppliers that use BAMM during the reporting 

year to provide a brief description of each “best available 

monitoring method” used, the parameter measured using the 

method, and the time period during which the “best available 

monitoring method” was used, if applicable. Through this 

amendment, we are clarifying that this basic information must be 

reported for all subparts, including subparts L (Fluorinated Gas 

Production) and W (Petroleum and Natural Gas Systems). This does 
Page 19 of 124

not impact the requirements of subpart I (Electronics 

Manufacturing), which already directly included this reporting 

requirement in the data reporting requirements of that subpart.

Definitions. The EPA is revising the definition of 

supplier, as proposed, in 40 CFR 98.6 so it specifically refers 

to those source categories listed in Table A-5 of subpart A of 

part 98, and is as described in the definition of the source 

category in the applicable subparts. We are also revising 40 CFR 

98.1(a)(1), as proposed, to remove the terms “fossil fuel” and 

“industrial greenhouse gas” from the designation of “supplier.” 

Submission of reports and other information to the EPA. We 

are amending 40 CFR 98.9 to clarify that the annual GHG report, 

the certificate of representation, and all other requests, 

notifications, or communications must be submitted 

electronically and in a format as specified by the 

Administrator. Any information that can be submitted through the

electronic GHG reporting tool (e-GGRT) must be submitted through 

that tool. For example, the EPA is in the process of modifying 

e-GGRT to accept requests for use of BAMM. Once completed, 

facilities would be required to use that method for submission 

of BAMM requests. The EPA intends to notify facilities well in 

advance of these, and any future, deadlines through the website 

(http://www.epa.gov/climatechange/emissions/ghgrulemaking.html). 
Page 20 of 124

If the format for any request, notification, or 

communication has not been specified by the EPA, then the 

information shall be submitted, by mail, to the Director of the 

Climate Change Division at one of the addresses in 40 CFR 98.9.

Other technical corrections. We are amending 40 CFR 98.2(d) 

and (e) to remove references to paragraphs 40 CFR 98.2(a)(4)(i) 

and (a)(4)(ii), respectively. The correct references for both 

paragraphs should have been to 40 CFR 98.2(a)(4). In those same 

paragraphs we are clarifying that the applicability 

determination for importers must be assessed separately from the 

applicability determination for exporters. In other words, the 

emissions from the quantity of GHGs imported must be calculated 

for comparison to the 25,000 metric tons CO2e threshold and 

separately the quantity of GHGs exported must be calculated for 

comparison to the 25,000 metric tons CO2e.

We are amending 40 CFR 98.2(i)(3) to add a date by which 

owners and operators must notify the EPA that they no longer 

need to submit an annual GHG report because their operations 

have changed such that all applicable GHG-emitting processes and 

operations cease to operate. Similar to the requirements in 40 

CFR 98.2(i)(1) and (i)(2), we are requiring owners or operators

to notify the EPA by March 31 of the year following the 

reporting year in which such conditions have been met.
Page 21 of 124

In 40 CFR 98.3(c)(10) and in the definition of United States 

parent company(s) in 40 CFR 98.6, we are replacing the term

“reporting entity” with the term “facility or supplier" for 

consistency across the individual subparts of the rule and to 

clarify that the obligation is on the owner or operator of any 

such facility or supplier.

We are revising the introductory paragraph of 40 CFR 

98.3(g) to clarify that the 3-year requirement for retention of 

records starts from the date of submission of the annual GHG 

report for the reporting year in which the record was generated.

In 40 CFR 98.3(c)(5)(ii), we are replacing the use of the 

term “emissions” with “quantities” when referring to the 

information reported under industrial GHG suppliers. This is 

consistent with efforts throughout the GHG Reporting Program to 

clarify that information reported for supplier categories does

not necessarily reflect emissions to the atmosphere, but rather 

“quantities” that may be released if all of the supply were 

combusted, oxidized, or released.

We are correcting an incorrect cross reference in 40 CFR 

98.4(m)(4) from (m)(2)(iv)(A) to (m)(2)(v)(A). 

Finally, we are clarifying in Table A-5 that coverage and 

the applicability determination for importers and exporters 

under subpart MM includes suppliers of natural gas liquids in 

addition to suppliers of petroleum products.
Page 22 of 124

2. Summary of comments and responses.

This section contains a brief summary of major comments and 

responses on the proposed amendments to the General Provisions.

Several significant comments were received on this topic.

Responses to additional comments received can be found in the 

document, “Response to Comments: 2011 Technical Corrections,

Clarifying and Other Amendments to Certain Provisions of the 

Mandatory Reporting of Greenhouse Gases Rule” (available in 

Docket ID No.EPA-HQ-OAR-2011-0147).

Comment: Several commenters supported the proposed one-time 

extension of the reporting date from March 31, 2012 to September 

28, 2012 for reporting of data elements under the following 

source categories: Electronics Manufacturing (subpart I), 

Fluorinated Gas Production (subpart L), Magnesium Production 

(subpart T), Petroleum and Natural Gas Systems (subpart W), Use 

of Electric Transmission and Distribution Equipment (subpart 

DD), Underground Coal Mines (subpart FF), Industrial Wastewater 

Treatment (subpart II), Imports and Exports of Equipment Pre–

charged with Fluorinated GHGs or Containing Fluorinated GHGs in 

Closed–cell Foams (subpart QQ), Geologic Sequestration of Carbon 

Dioxide (subpart RR), Manufacture of Electric Transmission and 

Distribution (subpart SS), Industrial Waste Landfills (subpart 

TT), and Injection of Carbon Dioxide (subpart UU). Commenters 

generally agreed that the extension would provide additional 
Page 23 of 124

time for the development and testing of the e-GGRT system for 

the identified subparts. However, multiple commenters expressed 

concern about the proposed requirement that only the reporting 

deadline of the above listed subparts was extended and that 

facilities would still be required to report GHG information 

from the non-listed subparts (e.g., subpart C- General 

Stationary Combustion) by March 31, 2012. For example, some 

commenters stated that a facility could be required to report 

emissions for subpart C equipment on March 31, 2012, but would 

need to provide a second report on September 28, 2012 for 

equipment under subpart W. At least one commenter questioned how 

data for subparts A and C would be submitted or split between 

reporting deadlines for facilities reporting under subpart W. 

Commenters stated that many facilities, including oil 

exploration and production companies, already compile 

significant amounts of data, calculations, and information for 

reporting. Commenters contended that a second reporting deadline 

would introduce additional complexity and confusion, duplication 

of effort, and unnecessary burden to the reporting process. 

Other commenters expressed concern on the capabilities of 

e-GGRT to accommodate multiple submissions. Several commenters 

stated that when changing input methods between XML upload and 

manual data entry, the current e-GGRT system overwrites any 

existing data. At least two commenters expressed concern that 
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the XML upload feature may not be fully tested and available in 

time for the September deadline. These commenters reiterated 

that data submitted in September 2012 must not impact the data 

submitted in March. 

In light of these concerns, several commenters requested 

that, rather than reporting under two deadlines in 2012, 

affected facilities or suppliers that have to report under any 

of the listed subparts (subparts I, L, T, W, DD, FF, II, QQ, RR, 

SS, TT, and UU) be allowed to report GHG information from all 

applicable subparts by the September 28, 2012 date. 

Response: Although the EPA does not agree with all of the 

arguments raised by the commenters, we are persuaded that having 

one reporting deadline for facilities and suppliers in 2012 will 

not only reduce burden for the reporters, but it also will 

provide the EPA the opportunity for a more robust stakeholder 

testing process of e-GGRT, which was the primary purpose of the 

proposed extension in the first place.

Although many commenters were concerned about the ability 

of e-GGRT to handle multiple submissions, the EPA believes the 

process for adding these additional subparts to an annual GHG 

report has been well tested during the 2011 stakeholder testing 

process and through resubmissions of 2011 annual reports. For 

example, facilities are able to add GHG information for a 

particular subpart into e-GGRT and sign, certify, and submit the 
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annual GHG report. Subsequent to the submission, the facility is 

able to go back into e-GGRT, add GHG information for a new 

subpart, and then again sign, certify, and resubmit the annual 

GHG report. 

Commenters were also concerned that data could be lost if 

they were to submit information in webforms in March and then 

XML in September (or vice versa). While it is true that annual 

GHG reports must be submitted using either webforms or XML, and 

not both, this issue is not unique to the extension of the 

proposed reporting deadline. These were the same procedures as 

for the 2010 reporting year, and facilities and suppliers were 

able to successfully complete their submissions in 2011. 

Although we are confident that e-GGRT can handle the 

multiple deadlines, we are persuaded that two reporting 

deadlines could be inefficient for some facilities, depending on 

the volume and types of data collected during 2011, and the 

format in which information used for emissions calculations has 

been retained. This could be particularly true for the large 

number of facilities reporting for the first time under subpart 

W (Petroleum and Natural Gas Systems). 

In addition to the potential inefficiencies experienced by 

the reporters, the EPA recognizes after reviewing the comments 

that the split deadline could impact the ability to 

comprehensively test e-GGRT, which was the whole point of 
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proposing the reporting deadline extension for these source 

categories in the first place. The stakeholder testing process 

during 2011 was extremely valuable in providing input that 

enabled the EPA to refine e-GGRT into a user-friendly tool that 

accurately reflects annual GHG information. It also provided 

reporters an opportunity to become familiar with the tool, 

facilitating the reporting process, and improving the quality of 

data submitted to the EPA. Allowing facilities and suppliers the 

opportunity to fully test e-GGRT, including the interrelationship between the new subparts for which data collection 

began in 2011 (e.g., subparts I and W) and reporting under 

subpart C, for example, could identify new issues that should be 

resolved before the reporting deadline. 

For these reasons, we agree with the commenters’ overall 

comments and are finalizing an extension of the reporting 

deadline to September 28, 2012 for any facility or supplier that 

will also include in their annual GHG report for 2012 a source 

category for which data collection began in 2011. 

In practice, for example, the one-time extension of the 

2012 reporting deadline means that a petroleum refinery that has 

an industrial landfill onsite will not submit their annual GHG 

report for 2012 until September 28, 2012. A petroleum refinery 

that does not contain any of these new subparts is still 

required to report by March 31, 2012. In order to facilitate EPA 
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verification of the data, and to know which facilities were 

required to report in March and which facilities do not report 

until September, the EPA is finalizing a requirement that all 

facilities or suppliers that submitted their first annual GHG 

report by September 30, 2011, but are not required to submit 

their second annual GHG report until September 28, 2012, must 

log in to e-GGRT by March 31, 2012 and submit a notification 

through e-GGRT that their facility or supplier is not required 

to report until September for the 2011 reporting year. 

Comment: Two commenters requested a delay in the start of 

data collection for these new subparts from January 1, 2011 to 

January 1, 2012, thereby extending the reporting deadline by one 

year to March 31, 2013. The commenters contended that a sixmonth extension does not provide adequate time for complex 

facilities or small businesses to comply with the reporting 

requirements. 

Response: The EPA did not propose to extend the 

applicability of 40 CFR part 98 in the proposed rule, nor does 

the EPA find such an extension needed, therefore the EPA 

disagrees with the comment to postpone the beginning of data 

collection from January 1, 2011 to January 1, 2012, and 

subsequently extend the reporting deadline by one year to March 

31, 2013. Facilities with source categories for which data 

collection began in 2011 had the opportunity to request use of 
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Best Available Monitoring Methods (BAMM) during part or all of 

2011, if they could demonstrate that it would not be reasonably 

feasible to acquire, install, and operate a required piece of 

monitoring equipment by January 1, 2011. Requests to use BAMM 

could be used as a bridge to provide the facility sufficient 

time to come into full compliance with the rule. 

Further, since finalization of the rule requirements for 

these subparts, the EPA has conducted significant stakeholder 

outreach to convey rule requirements and address questions from 

industry about the implementation of those requirements. In 

addition to the Frequently Asked Questions that are posted on

our website, the technical corrections, clarifications, and 

other amendments finalized in this rulemaking are in response to 

those specific questions. Therefore, we disagree with the 

commenter and have not extended the reporting deadline to March 

31, 2013 for these source categories. 

Comment: At least one commenter stated that the proposed 

changes to 40 CFR 98.9 create confusion for subparts LL and MM. 

The commenter stated that facilities subject to subparts LL and 

MM must submit reports using the DCFuels program in place of eGGRT. Additionally, the DCFuels program allows for mailing of 

documents. The commenter requested that the use of DCFuels be 

reflected in 40 CFR 98.9. 
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Response: The EPA agrees with the commenter that the 

proposed amendments seemed to apply only to those facilities and 

suppliers that reported their emissions through e-GGRT. The 

purpose of these proposed amendments was to be clear that all 

submissions, notifications and communications must be submitted 

in a format as specified by the Administrator. It is only where 

the EPA has not specified a format for a specific submission 

either required by the EPA or, more likely, initiated by the 

reporter, that the reporter must submit the information to the 

mailing address in 40 CFR 98.9. The EPA clarified the rule 

accordingly. We decided not to mention the specific reporting 

tools in the regulatory text itself for the straightforward 

reason that names could change over time. It was not necessary 

to include specific names of the reporting tools/options, when 

the real clarification we were making in the proposal was to 

clarify what type of information must be sent to the mailing 

address. 

Comment: At least one commenter stated that the proposed 

clarification to 40 CFR 98.3(g) for retention of records, which 

states that records must be retained for least 3 years from the 

date of submission of the annual GHG report, would create 

multiple record retention periods for companies with multiple 

reporting facilities where reporting submittals are staggered. 

The commenter stated that these multiple retention periods could 
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complicate internal reviews and audits. The commenter requested 

a consistent starting date for all applicable monitoring, 

recordkeeping, and reporting records. 

Response: The amendments to 40 CFR 98.3(g) are intended to 

reduce multiple retention periods and are consistent with the 

Acid Rain Program, which reflects the common practice to retain 

all of the records for a single reporting year in a readily 

retrievable format, regardless if the record was generated on 

January 1st or December 31st of that reporting year. Companies 

with multiple reporting facilities that may stagger submission 

of annual data prior to the reporting date are encouraged to 

coordinate with the individual reporting facilities to submit 

data on the same day if they do not want to track different 

dates for different facilities. Further, we determined that a 

single date against which the three-year clock is initiated is

not appropriate because some facilities may identify, or be 

notified by the EPA of, substantive errors in reporting. In the 

event of a resubmission of an annual GHG report, the three-year 

recordkeeping retention time would start from the date of the 

resubmission. This is necessary to ensure that records are 

maintained for a sufficient period of time so that a history of 

compliance can be demonstrated and questions about submitted 

emissions estimates can be resolved, if needed. 

B. Subpart W – Petroleum and Natural Gas Systems.
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At this time, the EPA is not finalizing the proposed 

technical corrections, clarifying, and other amendments for the 

petroleum and natural gas sector under 40 CFR part 98, subpart 

W. On September 9, 2011, the EPA issued proposed revisions to 40 

CFR part 98, subpart W (76 FR 56010). The proposed revisions, 

identified as a result of working with trade associations and 

reporters in implementing the rule, would provide further 

clarification on existing requirements, increase flexibility for 

certain calculation methods, amend data reporting requirements, 

clarify terms and definitions, and correct technical and 

editorial errors. 

In order to allow for additional analysis and consideration 

of comments on the September 9, 2011 proposal that might affect 

the technical corrections to subpart W proposed on August 4, 

2011, the EPA has decided not to finalize these amendments at 

this time. The EPA is considering the comments submitted for the 

technical corrections, clarifying, and other amendments 

regarding subpart W proposed on August 4, 2011, and we will 

address those comments as we address the comments on the 

revisions to 40 CFR part 98, subpart W proposed on September 9, 

2011 (76 FR 56010). 

C. Subpart FF — Underground Coal Mines.

1. Summary of final amendments and major changes since proposal.

We are promulgating several technical clarifications and 
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amendments to subpart FF to address questions raised during the 

first year of promulgation of the rule, as well as 

clarifications to specified provisions in the rule.

Final changes to subpart A (related to subpart FF). We 

revised the threshold for underground coal mines to include only 

those that have ventilation emissions of 36,500,000 acf of CH4

or more per year. The previous threshold would have required 

reporting from all underground coal mines that are subject to 

quarterly or more frequent sampling by MSHA of ventilation 

systems, regardless of size. The finalized threshold of 

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

(equivalent to an average of 100,000 acf of CH4 or more per day) 

is more easily identifiable for the coal industry, is consistent 

with our original intent in terms of coverage, and removes 

reporting requirements for approximately 500 mines.

Equations FF-1 and FF-3. We are finalizing the amendments, 

as proposed, to provide clarification for terms in Equations FF1 and FF-3. In particular, we are clarifying that the variables 

“V,” “MCF,” “C,” “T,” and “P” are not “daily” but “quarterly” 

rates. We are also changing the units of “V” to cfm instead of 

scfm and revising the units for “C” to read “%” to allow for the 

use of “C” on a dry basis.

Sampling for pressure. We have finalized the change 

allowing facilities to use the annual average barometric 
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pressure from the nearest NOAA weather service station as a 

default to measuring ventilation system pressure.

Sampling for moisture content. We have specified, as 

proposed, that moisture content is measured at the location of 

the flow meter at least weekly if using CEMS, and at the 

location and time of the grab sample, if using grab samples.

MSHA data. We have clarified the reporting requirements for 

temperature, pressure, and moisture content measurements when 

using MSHA data. We have clarified, as proposed, that moisture 

content need only be determined when the concentration and flow 

measurements are made on a different basis (one wet and one dry) 

and that, if needed, the moisture content must be measured. We

have also clarified that temperature must be sampled at the same 

location and within 7 days of the MSHA samples, and that for 

pressure, facilities must use either a measured value or the 

average annual barometric pressure from the nearest NOAA weather 

service station. We have simplified use of the MSHA data in 

Equation FF-1 by specifying that the MSHA methane flow data is 

inserted into Equation FF-1 in place of the value for V and the 

variables MCF, C/100%, and 1440 are removed from the equation.

This clarification eliminates the need to measure moisture when 

using MSHA methane flow data.

Monitoring equipment. We have included, as proposed, the 

use of infrared and flame ionization analyzers with the 
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provision that they be calibrated annually using measurements 

made by gas chromatography methods.

Also, as proposed, we have clarified several references for 

consistency with the types of monitoring equipment required. We 

replaced references to “fuel flow meters” with “flow meters,” 

because the gas that is measured may or may not be used as a 

fuel. We have also deleted references to “heating value 

monitors,” and “sour gas flow meters” because these monitors and 

meters are not required.

One change was made in response to public comment. We have 

changed the requirements for temperature measurements when using 

MSHA data for ventilation systems. See summary of comments and 

responses in Section II.C.2 of this preamble.

2. Summary of comments and responses.

This section contains a brief summary of major comments and 

responses. Two comments were received on this topic. Responses 

to additional significant comments received can be found in the 

document, “Response to Comments: 2011 Technical Corrections,

Clarifying and Other Amendments to Certain Provisions of the 

Mandatory Reporting of Greenhouse Gases Rule” (see EPA-HQ-OAR2011-0147).

Comment: One commenter expressed support for the proposed 

threshold revision. The commenter expressed concern that the 

EPA’s reporting threshold finalized in 2010 (see 75 FR 39736, 
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July 12, 2010) requiring all underground coal mines, regardless 

of size, that are subject to quarterly or more frequent sampling 

by the Mining Safety and Health Administration (“MSHA”) of 

ventilation systems to report GHG emissions would have resulted

in a tremendous amount of paperwork and financial burden on 

these regulated entities. Moreover, the commenter asserted that 

the threshold would have done little to further the agency’s 

environmental policy objectives.

Response: The EPA agrees with the comment and has finalized 

the threshold revision, as proposed. For the EPA’s rationale for 

the clarification in the threshold, see the preamble for the 

proposed rule (76 FR 47400, September 9, 2011).

Comment: Two commenters disagreed with the proposed 

requirement that facilities collect temperature data at the same 

time and location as the MSHA samples of volume and 

concentration of methane. They stated that the EPA should also 

allow mines to establish temperature data either through 

readings at a central location in the mine, or potentially 

through an average annual temperature from the same NOAA weather 

station. They argued that such a revision would reduce an 

unnecessary reporting burden.

Response: We agree with the commenters that the temperature 

reading does not need to take place at the same time as the 

measurements for volume and concentration of methane. 
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Ventilation air temperatures at a given location do not change 

very suddenly, and the temperature could be taken at another 

time. We disagree with the comment that the EPA should allow 

temperature to be taken at a centralized location at the mine or 

at a weather station. The temperature of the ventilation air 

exiting the mine will not be the same as a local weather station 

temperature. The ventilation air temperature is dominated by 

ground temperatures, which do not vary hourly like the weather 

station temperature. Ventilation air temperature will often vary 

by mine shaft, as some shafts are deeper than others and some 

drain more area than others. Due to this variability, the final 

rule requires temperature to be taken at the same location as 

the MSHA measurements, as proposed. However, the final rule does 

not require that the temperature readings be taken at the same 

time as the MSHA samples, but rather allows these temperature 

readings to be taken within 7 days of the MSHA measurements for 

volume and concentration of methane.

D. Subpart II – Industrial Wastewater Treatment.

1. Summary of final amendments and major changes since proposal.

We are promulgating clarifying amendments and technical 

corrections to subpart II to address questions the EPA has 

received about the rule’s requirements, as well as to clarify 

terminology.
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GHGs to report. We are amending 40 CFR 98.352(d) to replace 

the term “landfill gas” with “biogas” to correct an 

administrative error. 

Calculating GHG emissions. We are amending the definitions 

of the terms for “Tm” and “Pm” in Equation II-4 to refer to 

“average temperature” and “average pressure” to clarify how 

reporters should use the multiple temperature and pressure 

measurements that they may make during a measurement period. We 

are also amending these definitions to clarify how the 

calculation should be adjusted if the flow rate meter 

automatically corrects for temperature and pressure.

We are amending 40 CFR 98.353(c)(2)(ii), 

98.353(c)(2)(iii)(A) and (B), and 40 CFR 98.354(c) and (d) to 

replace “once each calendar week, with at least three days 

between measurements” with “at least once each calendar week; if 

only one measurement is made each calendar week, there must be 

at least three days between measurements,” to clarify what is 

meant by weekly sampling.

We are amending Equation II-6 of 40 CFR 98.353 to correct 

an error in the placement of brackets and parentheses. This 

amendment eliminates the possibility that the equation will 

return incorrect quantities of methane emissions.

We are amending 40 CFR 98.353(c) to reorder the text to 

clarify that continuous gas flow monitoring is required for each 
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anaerobic sludge digester, anaerobic reactor, or anaerobic 

lagoon from which some biogas is recovered; and to clarify that 

the continuous gas flow measurements must be used to determine 

cumulative gas production each week. We are also amending 40 CFR 

98.353(c)(1) to replace the term “content” with the term 

“quantity” to clarify that fully integrated systems report CH4

quantity which accounts for both CH4 concentration and biogas 

flow.

Monitoring and QA/QC requirements. We are amending 40 CFR 

98.354(f) by dividing it into subparagraphs and by deleting an 

incorrect cross reference, to clarify the monitoring 

requirements for anaerobic sludge digester, anaerobic reactor, 

or anaerobic lagoon from which some biogas is recovered. 

Data reporting requirements. We are amending 40 CFR 

98.356(a) by replacing the term ”explain” with “indicate” to 

provide guidance to reporters about the information they should 

include in the description or diagram of their wastewater 

treatment system. We are also replacing the term “all anaerobic 

lagoons” with “each anaerobic lagoon” to clarify that reporters 

should provide the average depth of each lagoon, not the average 

of all lagoons.

We are amending 40 CFR 98.356 (b)(3) and (4) to clarify 

that the values for “B0” and “MCF” that are used as inputs to 

Equation II-1 or II-2, are to be taken from Table II-1. We are 
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also amending 40 CFR 98.356(d)(2) by replacing the text 

“Cumulative volumetric biogas flow for each week” with “Total 

weekly volumetric biogas flow for each week (up to 52 

weeks/year)” to clarify that reporters should provide the total 

gas recovered for the week, for up to 52 weeks per year.

We are amending subpart II, Industrial Wastewater Treatment 

(40 CFR 98.350 through 40 CFR 98.358), in multiple places, 

replacing the term “anaerobic digester” with “anaerobic sludge 

digester” to clarify that the text refers to the anaerobic 

process defined in 40 CFR 98.350(b)(2); and to replace the term 

“gas” with “biogas” to clarify the gas referred to is the biogas 

defined in 40 CFR 98.358.

2. Summary of comments and responses.

The EPA did not receive any comments on the proposed 

amendments to subpart II and is finalizing the amendments to 

this subpart as proposed.

E. Subpart OO — Suppliers of Industrial Greenhouse Gases.

1. Summary of final amendments and major changes since proposal.

As proposed, we are amending subpart OO to require that the 

data currently reported under 40 CFR 98.416(a)(8) and (9) be 

kept as a record rather than reported. We are making a 

corresponding revision to 40 CFR 98.416(a)(10). 

With these changes, fluorinated GHG and nitrous oxide 

production facilities will be required to keep dated records of 
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the total mass in metric tons of each reactant fed into the FGHG or nitrous oxide production process, by process, and the 

total mass in metric tons of the reactants, by-products, and 

other wastes permanently removed from the F-GHG or nitrous oxide 

production process, by process. They will not be required to 

report these quantities. Under the revised 40 CFR 98.416(a)(10), 

they will be required to report the mass in metric tons of any 

fluorinated GHG or nitrous oxide fed into the transformation 

process, by process.

2. Summary of comments and responses.

Comment: The EPA received three comments from two 

commenters on the proposed changes to the subpart OO reporting 

and recordkeeping requirements. Both commenters agreed with the 

changes, and one commenter agreed with the EPA’s rationale. The 

other commenter stated that the change would make the data 

available to EPA inspectors if needed, but would protect the 

data from public disclosure that would compromise reporters’ 

global competitiveness. This commenter requested that the EPA 

issue a direct final rule to make the changes effective before 

the September 30, 2011 reporting deadline for 2010 data. 

Response: We did not issue a direct final rule to make 

these changes effective before the September 30, 2011 reporting 

deadline for 2010 data because we concluded that a direct final 

action was not appropriate in this case. The data submitted for 
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2010 under 40 CFR 98.416(a)(8) and (9) has been classified as 

confidential business information (76 FR 30782, May 26, 2011) 

and will be afforded protection as CBI. As discussed in the 

proposed rule, the proposed changes were based on our conclusion 

that the data elements in 40 CFR 98.416(a)(8) and (9), by 

themselves, have somewhat limited usefulness for verifying 

production levels. 

F. Subpart RR – Geologic Sequestration of Carbon Dioxide.

1. Summary of final amendments and major changes since proposal.

We are promulgating clarifying amendments and technical 

corrections to subpart RR to correct known errors.

Accounting for CO2 entrained in produced water. We are 

amending 40 CFR 98.443(d) to ensure that CO2 entrained in 

produced water that is not processed through a gas-liquid 

separator is accounted for in the mass balance equation. 

Specifically, we are adding a new sentence to 40 CFR 98.443(d) 

to account for any CO2 in fluids that are produced and not 

processed through a separator. We are also adding a new sentence 

to 40 CFR 98.443(d)(3) to clarify that the reporter must include 

additional information regarding the measurement methods used to 

determine the concentration of CO2 in fluids, and a discussion 

of how the amount of produced CO2 would be determined, in the 

monitoring, reporting, and verification (MRV) plan. In the MRV 
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plan, the reporter should describe the disposition of the 

produced water (reinjected into another zone, reused, or 

otherwise disposed) and provide justification for determining 

whether the CO2 entrained in the water is sequestered. The MRV 

plan should also describe considerations the reporter intends to 

use to calculate CO2 from produced water for the mass balance 

equation.

CO2 Emissions from Equipment Leaks and Vented Emissions of 

CO2. We are amending the term “CO2 equipment leakage and vented 

CO2 emissions” throughout subpart RR so that it reads “CO2

emissions from equipment leaks and vented emissions of CO2.” 

This change is to ensure consistency with the terminology that 

is used in 40 CFR part 98, subpart W and to more accurately 

describe the equipment between flow meters and wellheads for 

which monitoring requirements are specified in subpart RR. 

Specifically, we are amending the following text:

 At 40 CFR 98.442(e) and 98.442(f), revising the term “Mass 

of CO2 equipment leakage and vented CO2 emissions” to read 

“Mass of CO2 emissions from equipment leaks and vented 

emissions of CO2.”

 In Equations RR–11 and RR–12 at 40 CFR 98.443, revising the 

term “Total annual CO2 mass emitted (metric tons) as 

equipment leakage or vented emissions” to read “Total 

annual CO2 mass emitted (metric tons) from equipment leaks 

and vented emissions of CO2.”
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 At 40 CFR 98.444(d), revising the heading “CO2 equipment 

leakage and vented CO2 emissions” to read “CO2 emissions 

from equipment leaks and vented emissions of CO2.”

 At 40 CFR 98.445(e), revising the term “CO2 equipment 

leakage or vented CO2 emissions to read “CO2 emissions from 

equipment leaks and vented emissions of CO2.”

 At the introductory text of 40 CFR 98.446(f)(3), revising 

the term “CO2 equipment leakage and vented CO2 emissions” to 

read “CO2 emissions from equipment leaks and vented 

emissions of CO2.”

 At 40 CFR 98.446(f)(3)(i) and 98.446(f)(3)(ii), revising 

the term “mass of CO2 emitted (in metric tons) annually as 

equipment leakage or vented emissions” to read “mass of CO2

emitted (in metric tons) annually from equipment leaks and 

vented emissions of CO2.”

 At 40 CFR 98.447(a)(5) and 98.447(a)(6), revising the term 

“CO2 emitted as equipment leakage or vented emissions” to 

read “CO2 emitted from equipment leaks and vented emissions 

of CO2.”

 At 40 CFR 98.448(a)(5), revising the term “considerations 

for calculating equipment leakage and vented emissions” to 

read “considerations for calculating CO2 emissions from 

equipment leaks and vented emissions of CO2.”

Other technical corrections. We are amending an incorrect 

cross reference in the introductory language of 40 CFR 

98.446(a)(2) and 40 CFR 98.446(a)(3). We are also amending an 

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

also amending the heading of 40 CFR 98.448(e) to correct an

administrative error.

We are amending the data reporting element at 40 CFR 

98.446(e) and the introductory text at 40 CFR 98.446(f) to 

provide clarity on when reporters report total amount 
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sequestered. The amended data reporting element at 40 98.446(e) 

reads as follows: “Report the date that you began collecting 

data for calculating total amount sequestered according to 40 

CFR 98.448(a)(7) of this subpart”. The amended introductory text 

at 40 CFR 98.446(f) reads as follows: “Report the following. If 

the date specified in paragraph (e) of this section is during 

the reporting year for this annual report, report the following 

starting on the date specified in paragraph (e) of this 

section.” We are amending the definition of “CO2 received” at 40 

CFR 98.449 to correct a typographical error by adding the word 

“means” after the CO2 received defined term. The amended 

definition reads as follows: “CO2 received means the CO2 stream 

that you receive to be injected for the first time into a well 

on your facility that is covered by this subpart. CO2 received 

includes, but is not limited to, a CO2 stream from a production 

process unit inside your facility and a CO2 stream that was 

injected into a well on another facility, removed from a 

discontinued enhanced oil or natural gas or other production 

well, and transferred to your facility.”

2. Summary of comments and responses.

The EPA did not receive any comments on the proposed 

amendments to subpart RR and is finalizing the amendments to 

this subpart as proposed.
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G. Subpart TT — Industrial Waste Landfills.

1. Summary of final amendments and major changes since proposal.

We are promulgating clarifying amendments and technical 

corrections to subpart TT to address questions the EPA has 

received about the rule’s requirements and to correct known 

errors.

Determining waste-specific DOC values for closed Landfills.

As proposed, we are finalizing amendments to 40 CFR 98.464 by 

adding a new paragraph (c) to provide methodologies for closed 

landfills or active landfills that have stopped accepting 

certain types of wastes to determine the volatile solids 

concentration (for exemption purposes under 40 CFR 

98.460(c)(2)(xii)) or to determine the waste-specific DOC values 

for historically disposed waste streams. These new methods allow 

landfills to identify waste streams similar to those that had 

been historically placed in the landfill, measure the volatile 

solids concentration of these “similar” waste streams, and use 

those measured values to assess the applicability of the 

exemption under paragraph 98.460(c)(2)(xii)) or to determine the 

average DOC value for the historical waste streams. The proposed 

provisions also allow use of process knowledge to determine the 

volatile solids concentration and, if needed, to calculate the 

corresponding DOC value if a similar waste stream cannot be 

identified.
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Equations for determining volatile solids and DOC values.

As proposed, we are deleting Equation TT-7 and amending Equation 

TT-8 to 40 CFR 98.464 to correct inadvertent errors in these 

equations and we are revising the variable “F” in Equation TT-1 

and providing a new Equation TT-9 in a new paragraph (g) in 40 

CFR 98.464 to correct the measured CH4 concentration for zero 

percent oxygen.

Provisions for actively aerated landfills and other 

amendments to conform with amendments to subpart HH. As 

proposed, we are amending the definition of the methane 

correction factor (MCF) to allow landfills with active aeration 

units to use an MCF value other than the default value of 1 and 

we are adding 40 CFR 98.466(d)(4) to require reporting of the 

MCF value and the basis for using an MCF value other than the 

default value of 1.

As proposed, we are finalizing amendments to define the 

term “construction and demolition waste landfills” as defined in 

subpart HH and to use that term rather than “dedicated 

construction and demolition waste landfills.”

We are also finalizing amendments to revise the footnote to 

Table TT-1 to subpart TT of part 98 to clarify that leachate 

recirculation rates can be determined from company records or 

engineering estimates and that the owner or operator of a 

landfill that uses leachate recirculation may elect to use the k 
Page 47 of 124

value for the wet climate rather than calculating the leachate 

recirculation rate. 

Other technical corrections. We are finalizing a number of 

other technical corrections for subpart TT, as proposed, to 

correct typographical errors, to correct equations, and to 

provide minor clarifications. These corrections are summarized 

below:

 In 40 CFR 98.460(c)(2)(i), replacing “Coal combustion 

residue (e.g., fly ash)” with “Coal combustion or 

incinerator ash (e.g., fly ash).”

 In 40 CFR 98.463(a)(1): 

– Revising the definition of GCH4 to delete the word 

“rate.” 

– Revising the definition of DOCx from “degradable organic 

carbon for year X...” to be “degradable organic carbon 

for waste disposed in year X...”

 In 40 CFR 98.463(a)(2): 

– Revising “January 1, 1980” to be “January 1, 1960” in 

both places.

– Replacing the term “first emissions monitoring year” with 

“first emissions reporting year.”

 In 40 CFR 98.463(a)(2)(ii)(C), deleting the phrase “fixed 

average annual bulk waste disposal quantity for each year 

for which historic disposal quantity and” in the paragraph 

text and adding to the definition of Wx “This annual bulk 

waste disposal quantity applies for all years from “YrOpen” 

to “YrData” inclusive.” 

 Revising the definition of LFC to allow closed landfills 

that have some measurement data to appropriately calculate 

Wx only for years for which the closed landfill does not 

have waste disposal data available from company records or 

from Equation TT-3. 

 Revising the definition of YrData in Equation TT-4a to 

allow closed landfills that have some measurement data to 

appropriately calculate Wx.
Page 48 of 124

 Adding Equation TT-4b for use in calculating Wx when 

historical waste quantity data are sporadic.

 In 40 CFR 98.464(b), replacing “For each waste stream for 

which you choose to determine...” with “For each waste 

stream placed in the landfill during the reporting year for 

which you choose to determine...”

 In 40 CFR 98.464(b)(1), replacing “Develop and follow a 

sampling plan to collect a representative sample of each 

waste stream for which testing is elected” with “Develop 

and follow a sampling plan to collect a representative 

sample (in terms of composition and moisture content) of 

each waste stream placed in the landfill for which testing 

is elected.”

 In 40 CFR 98.464(b)(4), adding the option to use an 

alternative test procedure published by a consensus-based 

standards organization to determine an appropriate DOC 

value using a 60-day anaerobic biodegradation test. We also 

made conforming edits for reporting and recordkeeping 

requirements. 

 In 40 CFR 98.466(b), replacing “Report the following waste 

characterization information:” with “Report the following 

waste characterization and modeling information:”.

 Moving paragraphs 40 CFR 98.466(d)(3) and (4) to 

98.466(b)(3) and (4). 

 In 40 CFR 98.466(b)(2), adding “...for which Equation TT-1 

of this subpart is used to calculate modeled CH4

generation.” 

 In 40 CFR 98.466(c)(3)(ii), replacing “The year, the waste 

disposal quantity and production quantity for each year 

Equation TT-2 applies” with “The year, the waste disposal 

quantity and production quantity for each year used in 

Equation TT-2 of this subpart to calculate the average 

waste disposal factor (WDF).” 

 In 40 CFR 98.466(d), adding the phase “and each year 

thereafter up” so that the paragraph reads “For each year 

of landfilling starting with the “Start Year” (S) and each 

year thereafter up to the current reporting year, report 

the following information:”. 

 Adding a new paragraph 40 CFR 98.466(d)(1) to read “The 

calendar year for which following data elements apply” and 

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

(d)(2) and (3) and adding the phrase “for the specified 

year” to ensure the data elements are reported with 

specified year in the new paragraph 98.466(d)(1). 
Page 49 of 124

 In 40 CFR 98.468, adding a definition of “design capacity” 

to further clarify what is meant by this term as it is used 

in 40 CFR 98.460. 

 In 40 CFR 98.466(f), deleting the word “rate” to conform 

with revised definition of term and replace it with 

“(GCH4)”. 

 In 40 CFR 98.466(f), adding “(MG)” after “methane 

generation” and replacing “Equation TT-5” with “Equation 

TT-6”.

 In Table TT-1, amending the default value of construction 

and demolition waste from 0.04 to 0.08.

 In Table TT-1, revising the description of the waste type 

“Inert Waste” to read “Inert Waste [i.e., wastes listed in 

40 CFR 98.460(c)(2)]”. 

Major changes since proposal. Major changes since proposal 

are identified in the following list. The rationale for these 

and any other significant changes can be found in this preamble 

or the document, “Response to Comments: 2011 Technical 

Corrections, Clarifying and Other Amendments to Certain 

Provisions of the Mandatory Reporting of Greenhouse Gases Rule” 

(see EPA-HQ-OAR-2011-0147).

 Revising the definition YrData to allow closed landfills 

that have some measurement data to appropriately calculate 

Wx. 

 Adding Equation TT-4b for use in calculating Wx when 

historical waste quantity data are sporadic.

 In 40 CFR 98.464(b)(4), adding the option to use an 

alternative test procedure published by a consensus-based 

standards organization to determine an appropriate DOC 

value using a 60-day anaerobic biodegradation test. We also 

made conforming edits to the reporting and recordkeeping 

requirements.

 In 40 CFR 98.468, adding a definition (revised from the 

proposed definition) of “design capacity” to further 

clarify what is meant by this term as it is used in 40 CFR 

98.460.
Page 50 of 124

2. Summary of comments and responses.

This section contains a brief summary of major comments and 

responses. Several comments were received on subpart TT.

Responses to additional significant comments received can be 

found in the document, “Response to Comments: 2011 Technical 

Corrections, Clarifying and Other Amendments to Certain 

Provisions of the Mandatory Reporting of Greenhouse Gases Rule” 

(see EPA-HQ-OAR-2011-0147).

Comment: We received several comments that the 

parenthetical phrase “as received at the landfill” to 40 CFR 

98.464(b)(1) does more than clarify that closed landfills are 

not to be sampled, it also appears to prevent foundries from 

testing individual waste streams that are commingled prior to 

receipt at the landfill.

Response: It was not our intent to prevent the testing of 

individual waste streams. In fact, the definition of waste 

stream clearly indicates that, for facilities with an on-site 

landfill, a waste stream is “the industrial solid waste material 

generated by a specific processing unit at the landfill.” We 

agree that the term “as received” can be misinterpreted. 

Therefore, we are using the term “placed in the landfill” rather 

than “as received at the landfill” and adding “(in terms of 

composition and moisture content)” after “representative sample” 
Page 51 of 124

to clarify that the sampling must be done for the waste stream 

as it is initially disposed of, which excludes sampling of waste 

in-place at a closed landfill. Together with the definition of 

waste stream in 40 CFR 98.468, these amendments clearly apply to 

the sampling and evaluation of individual waste streams.

Comment: One commenter noted that the revised definition of 

the term YrData in Equation TT-4 does not adequately allow the 

calculation of waste quantities when measurement data are 

available for some historical years but when there are data gaps 

before and after these years.

Response: When we developed Equation TT-4, we envisioned 

that facilities would generally have data for the most recent 

historical years and would only be estimating waste quantities 

for the years prior to when data were available. Equation TT-4 

is not well suited to address the situation where waste quantity 

data are available from company records or Equation TT-3 for 

sporadic, non-consecutive years. To address this issue, we have 

re-named Equation TT-4 to be Equation TT-4a, and limited the use 

of Equation TT-4a to those instances where data are available 

consecutively for the most recent disposal years. When data are 

available for sporadic years, we have added a separate equation 

(Equation TT-4b) that can be used to estimate the missing annual 

waste quantities.
Page 52 of 124

Comment: One commenter stated that the proposed revisions 

to the equations and terms related to determining volatile 

solids concentration and waste stream-specific DOC values can 

still yield incorrect DOC values because some substances, such 

as plastics or activated carbon, would have high volatile solids 

concentration but should not have significant degradable organic 

carbon content. The commenter suggested that alternative 

anaerobic biodegradation tests available from consensus-based 

standards organizations be allowed as an alternative to the 

volatile solids-based estimation method, noting these types of 

tests were used as the basis of FDOC value used in Equation TT-8. 

The commenter presented results of a 90-day anaerobic 

biodegradation test to support their claim that coke contained 

in an inorganic waste sample would not anaerobically degrade. 

Alternatively, the commenter recommended specifically listing 

titanium oxide waste in 40 CFR 98.460(c)(2).

Response: We reviewed available methods for evaluating the 

anaerobic biodegradability of waste materials. While we expect 

that these methods are likely to be more accurate in situations 

like those identified by the commenter, a short-duration test 

may not fully determine the amount of carbon that could be 

degraded over decades within a landfill. Based on our review of 

various anaerobic biodegradation rate tests, we have provided 

for the use of anaerobic biodegradation tests following methods 
Page 53 of 124

developed by consensus-based standards organizations. We have 

specified certain test requirements (minimum of 60 days; four 

test samples) and quality assurance objectives for determining 

DOC values based on these anaerobic biodegradation tests. 

Comment: We received several comments regarding the 

proposed definition of “design capacity”. Some commenters 

suggested that, based on the definition, unpermitted landfills 

or landfills that do not have a permitted capacity limit do not 

have a “design capacity” and are therefore not covered by the 

rule. The commenters requested clarification on this issue. 

Another commenter questioned the need to determine a sitespecific waste density and recalculate the design capacity 

annually.

Response: First, we did not intend to limit the 

applicability of the rule to only those landfills that have a 

permitted capacity limit; we merely intended to allow facilities 

that have permitted capacities to use their permitted capacity 

rather than the maximum volume of waste that could be disposed 

of in the area of the landfill. We have revised the definition 

of design capacity so that the first sentence simply reads 

“Design capacity means the maximum amount of solid waste a 

landfill can accept.” The second paragraph retains the 

clarification that the design capacity can be determined in 

terms of volume or mass in the most recent permit. For landfills 
Page 54 of 124

without a permitted capacity limit, the design capacity should 

be determined based on the physical limitations, in terms of the 

total area available for waste disposal and potential waste 

depth of the landfill. 

With respect to the need to re-evaluate the site-specific 

waste density annually, we agree with the commenter that this 

measurement is required under very limited circumstances, namely 

to determine applicability. For most landfills, the design 

capacity will be significantly smaller or larger than the 

300,000 metric tons threshold value provided in 40 CFR 

98.460(a). Therefore, only those landfill facilities that have 

design capacities near 300,000 metric tons would need to reevaluate their design capacities. We also agree that the design 

capacity need only be re-evaluated if there is a change in the 

process that can reasonably be expected to alter the sitespecific waste density. Therefore, we have limited the 

requirement to re-determine site-specific waste density and 

resultant design capacity to those cases where the current 

design capacity is within 10 percent of the 300,000 metric tons 

threshold value in 40 CFR 98.460(a) and there is a process change 

that can reasonably be expected to change the site-specific 

waste density.

III. Statutory and Executive Order Reviews 
Page 55 of 124

A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563: Improving Regulation and Regulatory 

Review.

This action is not a "significant regulatory action" under 

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

1993) and is therefore not subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act.

This action does not impose any new information collection 

burden. The amendments are administrative in nature and do not

increase the recordkeeping and reporting burden associated with 

Part 98. However, the Office of Management and Budget (OMB) has 

previously approved the information collection request (ICR) for 

subparts A and OO contained in the regulations promulgated on 

October 30, 2009 (EPA ICR number 2300.03; OMB control number 

2060-0629), subpart DD promulgated on December 1, 2010 (EPA ICR 

number 2373.02; OMB control number 2060-0650), subparts FF, II

and TT promulgated on July 12, 2010 (EPA ICR number 2396.01; OMB 

control number 2060-0647), and subpart RR promulgated on 

December 1, 2010 (EPA ICR number 2372.02; OMB control number 

2060-0649) under 40 CFR part 98 under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The OMB control 

numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR 

part 9. EPA has submitted change worksheets for the respective 
Page 56 of 124

ICRs to OMB to reflect the clarifications to the reporting 

requirements finalized in this rule. Further information on the 

EPA’s assessment on the impact on burden can be found in the 

Technical Corrections and Amendments Cost Memo in docket number 

EPA-HQ-OAR-2011-0147.

C. Regulatory Flexibility Act (RFA).

The Regulatory Flexibility Act (RFA) generally requires an 

agency to prepare a regulatory flexibility analysis of any rule 

subject to notice and comment rulemaking requirements under the 

Administrative Procedure Act or any other statute unless the 

agency certifies that the rule will not have a significant 

economic impact on a substantial number of small entities. Small 

entities include small businesses, small organizations, and 

small governmental jurisdictions.

For purposes of assessing the impacts of this final rule on 

small entities, small entity is defined as: (1) a small business 

as defined by the Small Business Administration’s regulations at 

13 CFR 121.201; (2) a small governmental jurisdiction that is a 

government of a city, county, town, school district or special 

district with a population of less than 50,000; and (3) a small 

organization that is any not-for-profit enterprise which is 

independently owned and operated and is not dominant in its 

field. This definition of small entity is consistent with the

definition of small entity used for Part 98.
Page 57 of 124

After considering the economic impacts of these final rule 

amendments on small entities, I certify that this action will 

not have a significant economic impact on a substantial number 

of small entities. These rule amendments will not impose any new 

requirement on small entities that are not currently required by 

the regulation of subparts A and OO promulgated on October 30, 

2009; subparts FF, II, and TT promulgated on July 12, 2010; or 

subparts DD or RR, both promulgated on December 1, 2010. The

amendments to 40 CFR part 98 are administrative in nature and do 

not increase the costs for small entities to comply with Part 

98. Therefore, this final rule does not have a significant

economic impact on a substantial number of small entities.

The EPA took several steps to reduce the impact of 40 CFR 

part 98 on small entities when developing the final GHG 

reporting rules in 2009 and 2010. For example, the EPA 

determined appropriate thresholds that reduced the number of 

small businesses reporting. In addition, the EPA conducted 

several meetings with industry associations to discuss 

regulatory options and the corresponding burden on industry, 

such as recordkeeping and reporting. Finally, the EPA continues 

to conduct significant outreach on the GHG reporting program and 

maintains an “open door” policy for stakeholders to help inform 

the EPA’s understanding of key issues for the industries.

D. Unfunded Mandates Reform Act (UMRA).
Page 58 of 124

Title II of the Unfunded Mandates Reform Act of 1995 

(UMRA), 2 U.S.C. 1531–1538, requires federal agencies, unless 

otherwise prohibited by law, to assess the effects of their 

regulatory actions on state, local, and tribal governments and 

the private sector. Federal agencies must also develop a plan to 

provide notice to small governments that might be significantly 

or uniquely affected by any regulatory requirements. The plan 

must enable officials of affected small governments to have 

meaningful and timely input in the development of EPA regulatory 

proposals with significant federal intergovernmental mandates 

and must inform, educate, and advise small governments on 

compliance with the regulatory requirements.

The final rule amendments do not contain a federal mandate 

that may result in expenditures of $100 million or more for 

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

private sector in any one year. Thus, the final rule amendments 

are not subject to the requirements of section 202 and 205 of 

the UMRA. This rule is also not subject to the requirements of 

section 203 of UMRA because it contains no regulatory 

requirements that might significantly or uniquely affect small 

governments. These amendments will not impose any new 

requirements that are not currently required for 40 CFR part 98, 

and the rule amendments would not unfairly apply to small 
Page 59 of 124

governments. Therefore, this action is not subject to the 

requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism.

The final rule amendments to Part 98 do not have federalism 

implications. They will not have substantial direct effects on 

the states, on the relationship between the national government 

and the states, or on the distribution of power and 

responsibilities among the various levels of government, as 

specified in Executive Order 13132.

These amendments apply directly to facilities that directly 

emit greenhouses gases, facilities that supply certain products 

that would result in GHGs when released, combusted or oxidized, 

and facilities that geologically sequester or otherwise inject 

CO2 underground. They do not apply to governmental entities 

unless the government entity owns a facility that directly emits 

GHGs above threshold levels (such as a landfill), so relatively 

few government facilities would be affected. This regulation 

also does not limit the power of states or localities to collect 

GHG data and/or regulate GHG emissions. Thus, Executive Order 

13132 does not apply to this action.

Although section 6 of Executive Order 13132 does not apply 

to this action, the EPA did consult with state and local 

officials or representatives of state and local governments in 

developing subparts A and OO promulgated on October 30, 2009; 
Page 60 of 124

subparts FF, II, and TT promulgated on July 12, 2010; and

subparts DD and RR, both promulgated on December 1, 2010. A 

summary of the EPA’s consultations with state and local 

governments is provided in Section VIII.E of the preamble to the 

2009 final rule.

In the spirit of Executive Order 13132, and consistent with 

the EPA policy to promote communications between the EPA and 

state and local governments, the EPA specifically solicited

comments on the proposed action from state and local officials. 

The EPA did not receive any comments on the proposed action from 

state and local officials.

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments.

This action does not have tribal implications, as specified 

in Executive Order 13175 (65 FR 67249, November 9, 2000). The 

final rule amendments do not result in any changes to the 

current requirements of 40 CFR part 98. Thus, Executive Order 

13175 does not apply to this action.

Although Executive Order 13175 does not apply to this 

action, the EPA sought opportunities to provide information to 

tribal governments and representatives during the development of 

the rules for subparts A and OO promulgated on October 30, 2009; 

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

subparts and DD and RR, both promulgated on December 1, 2010. A 
Page 61 of 124

summary of the EPA’s consultations with tribal officials is 

provided in Sections VIII.D and VIII.F of the preamble to the 

2009 final rule.

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks.

The EPA interprets Executive Order 13045 (62 FR 19885, 

April 23, 1997) as applying only to those regulatory actions 

that concern health or safety risks, such that the analysis 

required under section 5-501 of the Executive Order has the 

potential to influence the regulation. This action is not 

subject to Executive Order 13045 because it does not establish 

an environmental standard intended to mitigate health or safety 

risks.

H. Executive Order 13211: Actions that Significantly Affect 

Energy Supply, Distribution, or Use.

This action is not subject to Executive Order 13211 (66 FR 

28355, May 22, 2001), because it is not a significant regulatory 

action under Executive Order 12866.

I. National Technology Transfer and Advancement Act.

Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), Public Law No. 104-113 (15 

U.S.C. 272 note) directs the EPA to use voluntary consensus 

standards in its regulatory activities unless to do so would be 

inconsistent with applicable law or otherwise impractical.
Page 62 of 124

Voluntary consensus standards are technical standards (e.g., 

materials specifications, test methods, sampling procedures, and 

business practices) that are developed or adopted by voluntary 

consensus standards bodies. NTTAA directs the EPA to provide 

Congress, through OMB, explanations when the agency decides not 

to use available and applicable voluntary consensus standards.

The final rule amendments do not involve technical 

standards. Therefore, the EPA did not consider the use of any 

voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Populations.

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

establishes federal executive policy on environmental justice.

Its main provision directs federal agencies, to the greatest 

extent practicable and permitted by law, to make environmental 

justice part of their mission by identifying and addressing, as 

appropriate, disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income populations in 

the United States.

The EPA has determined that these final rule amendments

will not have disproportionately high and adverse human health 

or environmental effects on minority or low-income populations 
Page 63 of 124

because it does not affect the level of protection provided to 

human health or the environment because it is a rule addressing 

information collection and reporting procedures.

K. Congressional Review Act.

The Congressional Review Act, 5 U.S.C. 801 et seq., as 

added by the Small Business Regulatory Enforcement Fairness Act 

of 1996 (SBREFA), generally provides that before a rule may take 

effect, the agency promulgating the rule must submit a rule 

report, which includes a copy of the rule, to each House of the 

Congress and to the Comptroller General of the United States.

The EPA will submit a report containing this rule and other 

required information to the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller General of the U.S. prior 

to publication of the rule in the Federal Register. A major rule 

cannot take effect until 60 days after it is published in the 

Federal Register. This action is not a “major rule” as defined 

by 5 U.S.C. 804(2). This rule will be effective on [INSERT THE 

DATE 30 DAYS AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL 

REGISTER].
2011 Technical Corrections, Clarifying, and Other Amendments to 

Certain Provisions of the Mandatory Reporting of Greenhouse 

Gases Rule 

Page 64 of 124

List of subjects in 40 CFR part 98

Environmental protection, Administrative practice and 

procedure, Greenhouse gases, Suppliers, Reporting and 

recordkeeping requirements.

____________________________

Dated:

____________________________

Lisa P. Jackson,

Administrator.
Page 65 of 124

For the reasons stated in the preamble, part 98 of title 

40, chapter I, of the Code of Federal Regulations is amended as 

follows:

PART 98—[AMENDED]

1. The authority citation for part 98 continues to read 

as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 98.1 is amended by revising paragraph (a)(1) 

to read as follows:

Subpart A—[Amended]

§98.1 Purpose and scope.

(a) This part establishes mandatory greenhouse gas (GHG) 

reporting requirements for owners and operators of certain 

facilities that directly emit GHG as well as for certain 

suppliers. For suppliers, the GHGs reported are the quantity 

that would be emitted from combustion or use of the products 

supplied.

* * * * *

3. Section 98.2 is amended by:

a. Revising paragraph (d).

b. Revising paragraph (e).

c. Revising paragraph (f) introductory text.

d. Revising paragraph (h) introductory text.

e. Revising paragraph (i)(3).
Page 66 of 124

§98.2 Who must report?

* * * * *

(d) To calculate GHG quantities for comparison to the 

25,000 metric ton CO2 per year threshold for importers and 

exporters of coal-to-liquid products under paragraph (a)(4) of 

this section, calculate the mass in metric tons per year of CO2

that would result from the complete combustion or oxidation of 

the quantity of coal-to-liquid products that are imported during 

the reporting year and, that are exported during the reporting 

year. Compare the imported quantities and the exported 

quantities separately to the 25,000 metric ton CO2 per year 

threshold. Calculate the quantities using the methodology 

specified in subpart LL of this part.

(e) To calculate GHG quantities for comparison to the 

25,000 metric ton CO2e per year threshold for importers and 

exporters of petroleum products under paragraph (a)(4) of this 

section, calculate the mass in metric tons per year of CO2 that 

would result from the complete combustion or oxidation of the 

combined volume of petroleum products and natural gas liquids 

that are imported during the reporting year and that are 

exported during the reporting year. Compare the imported 

quantities and the exported quantities separately to the 25,000 

metric ton CO2 per year threshold. Calculate the quantities using 

the methodology specified in subpart MM of this part.
Page 67 of 124

(f) To calculate GHG quantities for comparison to the 

25,000 metric ton CO2e per year threshold under paragraph (a)(4) 

of this section for importers and exporters of industrial 

greenhouse gases and for importers and exporters of CO2, the 

owner or operator shall calculate the mass in metric tons per 

year of CO2e imports and exports as described in paragraphs 

(f)(1) through (f)(3) of this section. Compare the imported 

quantities and the exported quantities separately to the 25,000 

metric ton CO2 per year threshold.

* * * * *

(h) An owner or operator of a facility or supplier that 

does not meet the applicability requirements of paragraph (a) of 

this section is not subject to this rule. Such owner or operator 

would become subject to the rule and reporting requirements, if 

a facility or supplier exceeds the applicability requirements of 

paragraph (a) of this section at a later time pursuant to 

§98.3(b)(3). Thus, the owner or operator should reevaluate the 

applicability to this part (including the revising of any 

relevant emissions calculations or other calculations) whenever 

there is any change that could cause a facility or supplier to 

meet the applicability requirements of paragraph (a) of this 

section. Such changes include but are not limited to process 

modifications, increases in operating hours, increases in 
Page 68 of 124

production, changes in fuel or raw material use, addition of 

equipment, and facility expansion.

(i) * * *

(3) If the operations of a facility or supplier are changed 

such that all applicable GHG-emitting processes and operations 

listed in paragraphs (a)(1) through (a)(4) of this section cease 

to operate, then the owner or operator is exempt from reporting 

in the years following the year in which cessation of such 

operations occurs, provided that the owner or operator submits a 

notification to the Administrator that announces the cessation 

of reporting and certifies to the closure of all GHG-emitting 

processes and operations no later than March 31 of the year 

following such changes. This paragraph (i)(3) does not apply to 

seasonal or other temporary cessation of operations. This 

paragraph (i)(3) does not apply to facilities with municipal 

solid waste landfills or industrial waste landfills, or to 

underground coal mines. The owner or operator must resume 

reporting for any future calendar year during which any of the 

GHG-emitting processes or operations resume operation.

* * * * *

4. Section 98.3 is amended by:

a. Revising paragraph (b) introductory text.

b. Adding paragraph (b)(1). 

c. Adding paragraph (b)(4).
Page 69 of 124

d. Revising paragraph (c)(5)(ii).

e. Revising paragraph (c)(7).

f. Revising paragraph (c)(10).

g. Revising paragraph (c)(11).

h. Revising the second sentence of paragraph (g) 

introductory text.

§98.3 What are the general monitoring, reporting, recordkeeping 

and verification requirements of this part?

* * * * *

(b) Schedule. The annual GHG report for reporting year 2010 

must be submitted no later than September 30, 2011. The annual 

report for reporting years 2011 and beyond must be submitted no 

later than March 31 of each calendar year for GHG emissions in 

the previous calendar year, except as provided in paragraph 

(b)(1) of this section.

(1) For reporting year 2011, facilities with one or more of 

the subparts listed in paragraphs (b)(1)(i) through (b)(1)(xi) 

of this section and suppliers listed in paragraph (b)(1)(xii) of 

this section are required to submit their annual GHG report no 

later than September 28, 2012. Facilities and suppliers that 

are submitting their second annual GHG report in 2012 and that 

are reporting on one or more subparts listed in paragraphs 

(b)(1)(i) through (b)(1)(xii) of this section must notify EPA by 
Page 70 of 124

March 31, 2012 that they are not required to submit their annual 

GHG report until September 28, 2012.

(i) Electronics Manufacturing (subpart I). 

(ii) Fluorinated Gas Production (subpart L). 

(iii) Magnesium Production (subpart T). 

(iv) Petroleum and Natural Gas Systems (subpart W). 

(v) Use of Electric Transmission and Distribution Equipment 

(subpart DD). 

(vi) Underground Coal Mines (subpart FF). 

(vii) Industrial Wastewater Treatment (subpart II). 

(viii) Geologic Sequestration of Carbon Dioxide (subpart 

RR). 

(ix) Manufacture of Electric Transmission and Distribution 

(subpart SS). 

(x) Industrial Waste Landfills (subpart TT).

(xi) Injection of Carbon Dioxide (subpart UU).

(xii) Imports and Exports of Equipment Pre–charged with 

Fluorinated GHGs or Containing Fluorinated GHGs in Closed–cell 

Foams (subpart QQ).

* * * * *

(4) Unless otherwise stated, if the final day of any time 

period falls on a weekend or a federal holiday, the time period 

shall be extended to the next business day.

(c) * * *
Page 71 of 124

(5) * * *

(ii) Quantity of each GHG from each applicable supply 

category in Table A-5 to this subpart, expressed in metric tons 

of each GHG. For fluorinated GHG, report quantities of all 

fluorinated GHG, including those not listed in Table A-1 to this 

subpart.

* * * * *

(7) A brief description of each “best available monitoring 

method” used, the parameter measured using the method, and the 

time period during which the “best available monitoring method” 

was used, if applicable.

* * * * *

(10) NAICS code(s) that apply to the facility or supplier. 

(i) Primary NAICS code. Report the NAICS code that most 

accurately describes the facility or supplier’s primary 

product/activity/service. The primary product/activity/ 

service is the principal source of revenue for the facility 

or supplier. A facility or supplier that has two distinct 

products/activities/services providing comparable revenue may 

report a second primary NAICS code.

(ii) Additional NAICS code(s). Report all additional NAICS 

codes that describe all product(s)/activity(s)/service(s) at the 

facility or supplier that are not related to the principal 

source of revenue.
Page 72 of 124

(11) Legal name(s) and physical address(es) of the 

highest-level United States parent company(s) of the owners 

(or operators) of the facility or supplier and the percentage 

of ownership interest for each listed parent company as of 

December 31 of the year for which data are being reported 

according to the following instructions:

(i) If the facility or supplier is entirely owned by a 

single United States company that is not owned by another 

company, provide that company’s legal name and physical 

address as the United States parent company and report 100 

percent ownership.

(ii) If the facility or supplier is entirely owned by a 

single United States company that is, itself, owned by another 

company (e.g., it is a division or subsidiary of a higher-level 

company), provide the legal name and physical address of the 

highest-level company in the ownership hierarchy as the United 

States parent company and report 100 percent ownership.

(iii) If the facility or supplier is owned by more than one 

United States company (e.g., company A owns 40 percent, company 

B owns 35 percent, and company C owns 25 percent), provide 

the legal names and physical addresses of all the highestlevel companies with an ownership interest as the United 

States parent companies, and report the percent ownership of 

each company.
Page 73 of 124

(iv) If the facility or supplier is owned by a joint 

venture or a cooperative, the joint venture or cooperative is 

its own United States parent company. Provide the legal name 

and physical address of the joint venture or cooperative as 

the United States parent company, and report 100 percent 

ownership by the joint venture or cooperative.

(v) If the facility or supplier is entirely owned by a 

foreign company, provide the legal name and physical address of 

the foreign company’s highest-level company based in the United 

States as the United States parent company, and report 100 

percent ownership.

(vi) If the facility or supplier is partially owned by a 

foreign company and partially owned by one or more U.S. 

companies, provide the legal name and physical address of the 

foreign company’s highest-level company based in the United 

States, along with the legal names and physical addresses of 

the other U.S. parent companies, and report the percent 

ownership of each of these companies.

(vii) If the facility or supplier is a federally owned 

facility, report “U.S. Government” and do not report physical 

address or percent ownership.

* * * * *

(g) Recordkeeping. * * * Retain all required records 

for at least 3 years from the date of submission of the annual 
Page 74 of 124

GHG report for the reporting year in which the record was 

generated. * * * 

* * * * *

5. Section 98.4 is amended by revising paragraph (m)(4) 

to read as follows:

§98.4 Authorization and responsibilities of the designated 

representative.

* * * * *

(m) * * *

(4) Any electronic submission covered by the certification 

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

with a notice of delegation effective under paragraph (m)(3) of 

this section shall be deemed to be an electronic submission 

certified, signed, and submitted by the designated 

representative or alternate designated representative submitting 

such notice of delegation.

6. Section 98.6 is amended by revising the definitions of 

“Supplier” and “United States parent company(s)” to read as 

follows: 

§98.6 Definitions.

* * * * *

Supplier means a producer, importer, or exporter in any 

supply category included in Table A-5 to this subpart, as 

defined by the corresponding subpart of this part.
Page 75 of 124

* * * * *

United States parent company(s) means the highest-level 

United States company(s) with an ownership interest in the 

facility or supplier as of December 31 of the year for which 

data are being reported.

* * * * *

7. Section 98.9 introductory text is revised to read as 

follows:

§98.9 Addresses.

All requests, notifications, and communications to the 

Administrator pursuant to this part must be submitted 

electronically and in a format as specified by the 

Administrator. For example, any requests, notifications and 

communications that can be submitted through the electronic GHG 

reporting tool, must be submitted through that tool. If not 

specified, requests, notifications or communications shall be 

submitted to the following address: 

* * * * *

8. Table A-3 to subpart A is amended by revising the 

entry for “Electrical transmission and distribution equipment 

use” and “Underground coal mines” to read as follows: 

Table A-3 to Subpart A of Part 98—Source Category List for 

§98.2(a)(1)

Source Categoriesa Applicable in 2010 and Future 

Years
Page 76 of 124

Source Categoriesa Applicable in 2010 and Future 

Years

* * * * * * *

Additional Source Categoriesa Applicable in 2011 and 

Future Years

* * * * * * *

Electrical transmission and distribution equipment 

use at facilities where the total nameplate capacity 

of SF6 and PFC containing equipment exceeds 17,820 

pounds, as determined under §98.301 (subpart DD).

Underground coal mines liberating 36,500,000 actual 

cubic feet of CH4 or more per year (subpart FF). 

* * * * * * *

a Source categories are defined in each applicable subpart.

9. Table A-5 to subpart A is amended by revising the 

entries for “Petroleum product suppliers (subpart MM)” to read 

as follows:

Table A-5 to Subpart A of Part 98 —Supplier Category List for 

§98.2(a)(4)

Supplier Categoriesa Applicable in 2010 and Future Years

* * * * * * *

Petroleum product suppliers (subpart MM):

(A) All petroleum refineries that distill crude oil.

(B) Importers of an annual quantity of petroleum products and 

natural gas liquids that is equivalent to 25,000 metric tons 

CO2e or more.

(C) Exporters of an annual quantity of petroleum products 

and natural gas liquids that is equivalent to 25,000 metric 

tons CO2e or more.

* * * * * * *
Page 77 of 124

aSuppliers are defined in each applicable subpart.

Subpart FF—[Amended]

10. Section 98.322 is amended by revising paragraph (f) 

to read as follows:

§98.322 GHGs to report.

* * * * *

(f) An underground coal mine that is subject to this part 

because emissions from source categories described in Tables A3, A-4 or A-5 of subpart A of this part, or from stationary 

combustion (subpart C of this part), is not required to report 

emissions under this subpart unless the coal mine liberates 

36,500,000 actual cubic feet (acf) or more of methane per year 

from its ventilation system.

11. Section 98.323 is amended by:

a. Revising the definitions of “V”, “C”, and “P” in 

Equation FF-1 of paragraph (a).

b. Revising the first sentence of paragraph (a)(2).

c. Revising the definitions of “Vi”, “Ci”, Ti, and “Pi” in 

Equation FF-3 of paragraph (b) introductory text.

d. Revising the first sentence of paragraph (b)(1).

e. Revising paragraph (c) introductory text.

The revisions read as follows:

§98.323 Calculating GHG emissions.

(a) * * *
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V = Volumetric flow rate for the quarter (cfm) based on 

sampling or a flow rate meter. If a flow rate meter 

is used and the meter automatically corrects for 

temperature and pressure, replace “520°R/T × P/1 

atm” with “1”.

* * * * *

C = CH4 concentration of ventilation gas for the quarter 

(%). 

* * * * *

P = Pressure at which flow is measured (atm) for the 

quarter. The annual average barometric pressure from 

the nearest NOAA weather service station may be used 

as a default.

* * * * *

(2) Values of V, C, T, P, and (fH2O), if applicable, must be 

based on measurements taken at least once each quarter with no 

fewer than 6 weeks between measurements. * * *

* * * * *

(b) * * *

Vi = Measured volumetric flow rate for the days in the week 

when the degasification system is in operation at that 

monitoring point, based on sampling or a flow rate 

meter (cfm). If a flow rate meter is used and the 

meter automatically corrects for temperature and 

pressure, replace “520°R/Ti × Pi/1 atm” with “1”.

* * * * *

Ci = CH4 concentration of gas for the days in the week when 

the degasification system is in operation at that 

monitoring point (%).

* * * * *

Ti = Temperature at which flow is measured (°R). 

Pi = Pressure at which flow is measured (atm).
Page 79 of 124

* * * * *

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

be based on measurements taken at least once each calendar week 

with at least 3 days between measurements. * * *

* * * * *

(c) If gas from degasification system wells or ventilation 

shafts is sold, used onsite, or otherwise destroyed (including 

by flaring), you must calculate the quarterly CH4 destroyed for 

each destruction device and each point of offsite transport to a 

destruction device, using Equation FF-5 of this section. You 

must measure CH4 content and flow rate according to the 

provisions in §98.324, and calculate the methane routed to the 

destruction device (CH4) using either Equation FF-1 or Equation

FF-3 of this section, as applicable. 

* * * * *

12. Section 98.324 is amended by:

a. Revising paragraphs (b)(1) and (b)(2).

b. Revising paragraph (c).

c. Revising paragraph (d). 

d. Revising paragraph (e) introductory text.

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

The revisions read as follows:

§98.324 Monitoring and QA/QC requirements. 
Page 80 of 124

* * * * *

(b) * * *

(1) Collect quarterly or more frequent grab samples (with 

no fewer than 6 weeks between measurements) for methane 

concentration and make quarterly measurements of flow rate, 

temperature, pressure, and moisture content, if applicable. The 

sampling and measurements must be made at the same locations as 

Mine Safety and Health Administration (MSHA) inspection samples 

are taken, and should be taken when the mine is operating under 

normal conditions. You must follow MSHA sampling procedures as 

set forth in the MSHA Handbook entitled, General Coal Mine 

Inspection Procedures and Inspection Tracking System Handbook 

Number: PH-08-V-1, January 1, 2008 (incorporated by reference, 

see §98.7). You must record the date of sampling, flow, 

temperature, pressure, and moisture measurements, the methane 

concentration (percent), the bottle number of samples collected, 

and the location of the measurement or collection.

(2) Obtain results of the quarterly (or more frequent)

testing performed by MSHA for the methane flowrate. At the same

location and within seven days of the MSHA sampling, make 

measurements of temperature and pressure using the same 

procedures specified in paragraph (b)(1) of this section. The 

annual average barometric pressure from the nearest National 

Oceanic and Atmospheric Administration (NOAA) weather service 
Page 81 of 124

station may be used as a default for pressure. If the MSHA data 

for methane flow is provided in the units of actual cubic feet 

of methane per day, the methane flow data is inserted into 

Equation FF-1 of this section in place of the value for V and 

the variables MCF, C/100%, and 1440 are removed from the 

equation.

* * * * *

(c) For CH4 liberated at degasification systems, determine 

whether CH4 will be monitored from each well and gob gas vent 

hole, from a centralized monitoring point, or from a combination 

of the two options. Operators are allowed flexibility for 

aggregating emissions from more than one well or gob gas vent 

hole, as long as emissions from all are addressed, and the 

methodology for calculating total emissions is documented.

Monitor both gas volume and methane concentration by one of the 

following two options:

(1) Monitor emissions through the use of one or more 

continuous emissions monitoring systems (CEMS). If operators use 

CEMS as the basis for emissions reporting, they must provide 

documentation on the process for using data obtained from their 

CEMS to estimate emissions from their mine ventilation systems.

(2) Collect weekly (once each calendar week, with at least 

three days between measurements) or more frequent samples, for 

all degasification wells and gob gas vent holes. Determine 
Page 82 of 124

weekly or more frequent flow rates, methane concentration, 

temperature, and pressure from these degasification wells and 

gob gas vent holes. Methane composition should be determined 

either by submitting samples to a lab for analysis, or from the 

use of methanometers at the degasification well site. Follow the 

sampling protocols for sampling of methane emissions from 

ventilation shafts, as described in §98.324(b)(1). You must 

record the date of sampling, flow, temperature, pressure, and 

moisture measurements, the methane concentration (percent), the 

bottle number of samples collected, and the location of the 

measurement or collection.

(3) If the CH4 concentration is determined on a dry basis 

and flow is determined on a wet basis or CH4 concentration is 

determined on a wet basis and flow is determined on a dry basis, 

and the flow meter does not automatically correct for moisture 

content, determine the moisture content in the gas in a location 

near or representative of the location of:

(i) The gas flow meter at least once each calendar week; if 

measuring with CEMS. If only one measurement is made each 

calendar week, there must be at least three days between 

measurements; and

(ii) The grab sample, if using grab samples, at the time of 

the sample.
Page 83 of 124

(d) Monitoring must adhere to one of the methods specified 

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

(1) ASTM D1945-03, Standard Test Method for Analysis of 

Natural Gas by Gas Chromatography; ASTM D1946-90 (Reapproved 

2006), Standard Practice for Analysis of Reformed Gas by Gas 

Chromatography; ASTM D4891-89 (Reapproved 2006), Standard Test 

Method for Heating Value of Gases in Natural Gas Range by 

Stoichiometric Combustion; or ASTM UOP539-97 Refinery Gas 

Analysis by Gas Chromatography (incorporated by reference, see 

§98.7).

(2) As an alternative to the gas chromatography methods 

provided in paragraph (d)(1) of this section, you may use 

gaseous organic concentration analyzers and a correction factor 

to calculate the CH4 concentration following the requirements in 

paragraphs (d)(2)(i) through (d)(2)(iii) of this section.

(i) Use Method 25A or 25B at 40 CFR part 60, appendix A-7 

to determine gaseous organic concentration as required in 

§98.323 and in paragraphs (b) and (c) of this section. You must 

calibrate the instrument with CH4 and determine the total gaseous 

organic concentration as carbon (or as CH4; K=1 in Equation 25A-1 

of Method 25A at 40 CFR part 60, appendix A-7).

(ii) Determine a correction factor that will be used with 

the gaseous organic concentrations measured in paragraph (i) of 

this section. The correction factor must be determined at the 
Page 84 of 124

routine sampling location no less frequently than once a 

reporting year following the requirements in paragraphs 

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

(A) Take a minimum of three grab samples of the gas with a 

minimum of 20 minutes between samples and determine the methane 

composition of the gas using one of the methods specified in 

paragraph (d)(1) of this section.

(B) As soon as practical after each grab sample is 

collected and prior to the collection of a subsequent grab 

sample, determine the gaseous organic concentration of the gas 

using either Method 25A or 25B at 40 CFR part 60, appendix A-7 

as specified in paragraph (d)(2)(i) of this section.

(C) Determine the arithmetic average methane concentration 

and the arithmetic average gaseous organic concentration of the 

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

(d)(2)(ii)(B) of this section, respectively, and calculate the 

non-methane organic carbon correction factor as the ratio of the 

average methane concentration to the average total gaseous 

organic concentration. If the ratio exceeds 1, use 1 for the 

correction factor.

(iii) Calculate the CH4 concentration as specified in 

Equation FF-9 of this section:

CCH4 = fNMOC x CTGOC (Eq. FF-9)

Where:
Page 85 of 124

CCH4 = Methane (CH4) concentration in the gas (volume %) 

for use in Equations FF-1 and FF-3 of this subpart.

fNMOC = Correction factor from the most recent 

determination of the correction factor as specified 

in paragraph (d)(2)(ii) of this section (unitless).

CTGOC = Gaseous organic carbon concentration measured using 

Method 25A or 25B at 40 CFR part 60, appendix A-7 

during routine monitoring of the gas (volume %).

(e) All flow meters and gas composition monitors that are 

used to provide data for the GHG emissions calculations shall be 

calibrated prior to the first reporting year, using the 

applicable methods specified in paragraphs (d), and (e)(1) 

through (e)(7) of this section. Alternatively, calibration 

procedures specified by the flow meter manufacturer may be used. 

Flow meters and gas composition monitors shall be recalibrated 

either at the minimum frequency specified by the manufacturer or

annually. The operator shall operate, maintain, and calibrate a 

gas composition monitor capable of measuring the concentration 

of CH4 in the gas using one of the methods specified in paragraph 

(d) of this section. The operator shall operate, maintain, and 

calibrate the flow meter using any of the following test methods 

or follow the procedures specified by the flow meter 

manufacturer. Flow meters must meet the accuracy requirements in 

§98.3(i).

* * * * *
Page 86 of 124

(g) All temperature, pressure, and moisture content 

monitors must be operated and calibrated using the procedures 

and frequencies specified by the manufacturer.

(h) If applicable, the owner or operator shall document the 

procedures used to ensure the accuracy of gas flow rate, gas 

composition, temperature, pressure, and moisture content 

measurements. These procedures include, but are not limited to, 

calibration of flow meters, and other measurement devices. The 

estimated accuracy of measurements, and the technical basis for 

the estimated accuracy shall be recorded.

13. Section 98.325 is amended by revising the first 

sentence of paragraph (b) as to read follows:

§98.325 Procedures for estimating missing data.

* * * * *

(b) For each missing value of CH4 concentration, flow rate, 

temperature, pressure, and moisture content for ventilation and 

degasification systems, the substitute data value shall be the 

arithmetic average of the quality-assured values of that 

parameter immediately preceding and immediately following the 

missing data incident. * * *

Section 98.326 is amended by:

a. Revising paragraph (f).

b. Revising paragraph (h).

c. Revising paragraph (j).
Page 87 of 124

d. Revising paragraph (k).

e. Revising paragraph (o).

The revisions read as follows:

§98.326 Data reporting requirements. 

* * * * *

(f) Quarterly volumetric flow rate for each ventilation 

monitoring point (scfm), date and location of each measurement, 

and method of measurement (quarterly sampling or continuous 

monitoring), used in Equation FF-1 of this subpart.

* * * * *

(h) Weekly volumetric flow rate used to calculate CH4

liberated from degasification systems (cfm) and method of 

measurement (sampling or continuous monitoring), used in 

Equation FF-3 of this subpart.

* * * * *

(j) Weekly volumetric flow rate used to calculate CH4

destruction for each destruction device and each point of 

offsite transport (cfm).

(k) Weekly CH4 concentration (%) used to calculate CH4 flow 

to each destruction device and each point of offsite transport 

(C).

* * * * *

(o) Temperatures (°R), pressure (atm), and moisture content 

used in Equation FF-1 and FF-3 of this subpart, and the gaseous 
Page 88 of 124

organic concentration correction factor, if Equation FF-9 was 

required.

* * * * *

Subpart II—[Amended]

Section 98.350 is amended by revising the first sentence of 

paragraph (b) introductory text to read as follows:

§98.350 Definition of Source Category

* * * * *

(b) An anaerobic process is a procedure in which organic 

matter in wastewater, wastewater treatment sludge, or other 

material is degraded by micro-organisms in the absence of 

oxygen, resulting in the generation of CO2 and CH4. * * *

* * * * *

14. Section 98.352 is amended by revising paragraph (d) to 

read as follows:

§98.352 GHGs to report.

* * * * *

(d) You must report under subpart C of this part (General 

Stationary Fuel Combustion Sources) the emissions of CO2, CH4, 

and N2O from each stationary combustion unit associated with the

biogas destruction device, if present, by following the 

requirements of subpart C of this part.

15. Section 98.353 is amended by:

a. Revising paragraph (a)(2) introductory text.
Page 89 of 124

b. Revising paragraph (c) introductory text and paragraph 

(c)(1).

c. Revising the definitions of “Rn”, “Tm”, and “Pm” in 

Equation II-4 of paragraph (c)(1).

d. Revising paragraph (c)(2).

e. Revising paragraph (d) introductory text.

f. Revising the definition of “Rn” in Equation II-5 in 

paragraph (d)(1).

g. Revising Equation II-6 and revising the definition of 

“CH4En”, “Rn”, “DE1”, and “fDest_1” in paragraph (d)(2).

§98.353 Calculating GHG emissions.

(a) * * *

(2) If you measure the concentration of organic material 

entering an anaerobic reactor or anaerobic lagoon using methods 

for the determination of 5-day biochemical oxygen demand (BOD5), 

then estimate annual mass of CH4 generated using Equation II-2 of 

this section.

 



    

52

1

4 5,

0.001

w

CH Gn Floww BOD w Bo MCF (Eq. II-2)

Where: 

CH4Gn = Annual mass of CH4 generated from the anaerobic 

wastewater treatment process (metric tons).

n = Index for processes at the facility, used in Equation 

II-7.

w = Index for weekly measurement period.
Page 90 of 124

Floww = Volume of wastewater sent to an anaerobic wastewater 

treatment process in week w(m3/week), measured as 

specified in §98.354(d).

BOD5,w = Average weekly concentration of 5-day biochemical

oxygen demand of wastewater entering an anaerobic 

wastewater treatment process for week w(kg/m3),

measured as specified in §98.354(b) and (c). 

B0 = Maximum CH4 producing potential of wastewater (kg CH4

/kg BOD5), use the value 0.6.

MCF = CH4 conversion factor, based on relevant values in 

Table II-1 to this subpart.

0.001 = Conversion factor from kg to metric tons.

* * * * *

(c) For each anaerobic sludge digester, anaerobic reactor, 

or anaerobic lagoon from which some biogas is recovered, 

estimate the annual mass of CH4 recovered according to the 

requirements in paragraphs (c)(1) and (c)(2) of this section. To 

estimate the annual mass of CH4 recovered, you must continuously 

monitor biogas flow rate and determine the volume of biogas each 

week and the cumulative volume of biogas each year that is 

collected and routed to a destruction device as specified in 

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

correction for temperature, pressure, or, if necessary, moisture 

content, you must determine these parameters as specified in 

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

(1) If you continuously monitor CH4 concentration (and if 

necessary, temperature, pressure, and moisture content required 

as specified in §98.354(f)) of the biogas that is collected and 
Page 91 of 124

routed to a destruction device using a monitoring meter 

specifically for CH4 gas, as specified in §98.354(g), you must 

use this monitoring system and calculate the quantity of CH4

recovered for destruction using Equation II-4 of this section. A 

fully integrated system that directly reports CH4 quantity 

requires only the summing of results of all monitoring periods 

for a given year.

* * * * *

Rn = Annual quantity of CH4 recovered from the nth anaerobic 

reactor, sludge digester, or lagoon (metric tons 

CH4/yr)

* * * * *

Tm = Average temperature at which flow is measured for the 

measurement period(°R). If the flow rate meter 

automatically corrects for temperature to 520° R, 

replace “520° R/Tm” with “1”.

Pm = Average pressure at which flow is measured for the 

measurement period (atm). If the flow rate meter 

automatically corrects for pressure to 1 atm, replace 

“Pm/1” with “1”.

* * * * *

(2) If you do not continuously monitor CH4 concentration 

according to paragraph(c)(1) of this section, you must determine 

the CH4 concentration, temperature, pressure, and, if necessary, 

moisture content of the biogas that is collected and routed to a 

destruction device according to the requirements in paragraphs 

(c)(2)(i) through (c)(2)(ii) of this section and calculate the 
Page 92 of 124

quantity of CH4 recovered for destruction using Equation II-4 of 

this section. 

(i) Determine the CH4 concentration in the biogas that is 

collected and routed to a destruction device in a location near 

or representative of the location of the gas flow meter at least 

once each calendar week; if only one measurement is made each 

calendar week, there must be least three days between 

measurements. For a given calendar week, you are not required to 

determine CH4 concentration if the cumulative volume of biogas 

for that calendar week, determined as specified in paragraph (c) 

of this section, is zero.

(ii) If the gas flow meter is not equipped with automatic 

correction for temperature, pressure, or, if necessary, moisture 

content: 

(A) Determine the temperature and pressure in the biogas 

that is collected and routed to a destruction device in a 

location near or representative of the location of the gas flow 

meter at least once each calendar week; if only one measurement 

is made each calendar week, there must be at least three days 

between measurements. 

(B) If the CH4 concentration is determined on a dry basis 

and biogas flow is determined on a wet basis, or CH4

concentration is determined on a wet basis and biogas flow is 

determined on a dry basis, and the flow meter does not 
Page 93 of 124

automatically correct for moisture content, determine the 

moisture content in the biogas that is collected and routed to a 

destruction device in a location near or representative of the 

location of the gas flow meter at least once each calendar week 

that the cumulative biogas flow measured as specified in 

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

each calendar week, there must be at least three days between 

measurements. 

(d) For each anaerobic sludge digester, anaerobic reactor, 

or anaerobic lagoon from which some quantity of biogas is 

recovered, you must estimate both the annual mass of CH4 that is 

generated, but not recovered, according to paragraph (d)(1) of 

this section and the annual mass of CH4 emitted according to 

paragraph (d)(2) of this section. 

(1) * * *

Rn = Annual quantity of CH4 recovered from the nth 

anaerobic reactor, anaerobic lagoon, or anaerobic 

sludge digester, as calculated in Equation II-4 of 

this section (metric tons CH4).

* * * * *

(2) For each anaerobic sludge digester, anaerobic reactor, 

or anaerobic lagoon from which some quantity of biogas is 

recovered, estimate the annual mass of CH4 emitted using Equation 

II-6 of this section.

CH4En = CH4Ln + Rn (1− [ (DE1 ∗ fDest_1 )+ (DE2 ∗ fDest_2)])

(Eq. II-6)
Page 94 of 124

Where:

CH4En = Annual quantity of CH4 emitted from the process n from 

which biogas is recovered (metric tons).

* * * * *

Rn = Annual quantity of CH4 recovered from the nth anaerobic 

reactor or anaerobic sludge digester, as calculated in 

Equation II-4 of this section (metric tons CH4).

DE1 = Primary destruction device CH4 destruction efficiency 

(lesser of manufacturer’s specified destruction 

efficiency and 0.99). If the biogas is transported 

off-site for destruction, use DE=1.

fDest_1 = Fraction of hours the primary destruction device was 

operating (device operating hours/hours in the year).

If the biogas is transported off-site for destruction, 

use fDest=1. 

* * * * *

16. Section 98.354 is amended by:

a. Revising the second sentence of paragraph (c).

b. Revising paragraph (d) introductory text.

c. Revising paragraph (f).

d. Revising paragraph (g) introductory text.

e. Revising paragraph (h) introductory text and paragraph 

(h)(5).

f. Revising paragraph (k).

§98.354 Monitoring and QA/QC requirements. 

(c) * * * You must collect and analyze samples for 

COD or BOD5 concentration at least once each calendar week that 

the anaerobic wastewater treatment process is operating; if only 
Page 95 of 124

one measurement is made each calendar week, there must be at 

least three days between measurements. * * *

(d) You must measure the flowrate of wastewater entering 

anaerobic wastewater treatment process at least once each 

calendar week that the process is operating; if only one 

measurement is made each calendar week, there must be at least 

three days between measurements. You must measure the flowrate 

for the 24-hour period for which you collect samples analyzed 

for COD or BOD5 concentration. The flow measurement location must 

correspond to the location used to collect samples analyzed for 

COD or BOD5 concentration. You must measure the flowrate using 

one of the methods specified in paragraphs (d)(1) through (d)(5) 

of this section or as specified by the manufacturer.

* * * * *

(f) For each anaerobic process (such as anaerobic reactor, 

sludge digester, or lagoon) from which biogas is recovered, you 

must make the measurements or determinations specified in 

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

(1) You must continuously measure the biogas flow rate as 

specified in paragraph (h) of this section and determine the 

cumulative volume of biogas recovered.

(2) You must determine the CH4 concentration of the 

recovered biogas as specified in paragraph (g) of this section 

at a location near or representative of the location of the gas 
Page 96 of 124

flow meter. You must determine CH4 concentration either 

continuously or intermittently. If you determine the 

concentration intermittently, you must determine the 

concentration at least once each calendar week that the 

cumulative biogas flow measured as specified in paragraph (h) of 

this section is greater than zero, with at least three days 

between measurements.

(3) As specified in §98.353(c) and paragraph (h) of this 

section, you must determine temperature, pressure, and moisture 

content as necessary to accurately determine the biogas flow 

rate and CH4 concentration. You must determine temperature and 

pressure if the gas flow meter or gas composition monitor do not 

automatically correct for temperature or pressure. You must 

measure moisture content of the recovered biogas if the biogas 

flow rate is measured on a wet basis and the CH4 concentration is 

measured on a dry basis. You must also measure the moisture 

content of the recovered biogas if the biogas flow rate is 

measured on a dry basis and the CH4 concentration is measured on 

a wet basis. 

(g) For each anaerobic process (such as an anaerobic 

reactor, sludge digester, or lagoon) from which biogas is 

recovered, operate, maintain, and calibrate a gas composition 

monitor capable of measuring the concentration of CH4 in the 

recovered biogas using one of the methods specified in 
Page 97 of 124

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

by the manufacturer. 

* * * * *

(h) For each anaerobic process (such as an anaerobic 

reactor, sludge digester, or lagoon) from which biogas is 

recovered, install, operate, maintain, and calibrate a gas flow 

meter capable of continuously measuring the volumetric flow rate 

of the recovered biogas using one of the methods specified in 

paragraphs (h)(1) through (h)(8) of this section or as specified 

by the manufacturer. Recalibrate each gas flow meter either 

biennially (every 2 years) or at the minimum frequency specified 

by the manufacturer. Except as provided in §98.353(c)(2)(iii), 

each gas flow meter must be capable of correcting for the 

temperature and pressure and, if necessary, moisture content.

* * * * *

(5) ASME MFC-11M-2006 Measurement of Fluid Flow by Means of 

Coriolis Mass Flowmeters (incorporated by reference, see §98.7).

The mass flow must be corrected to volumetric flow based on the 

measured temperature, pressure, and biogas composition.

* * * * *

(k) If applicable, the owner or operator must document the 

procedures used to ensure the accuracy of measurements of COD or 

BOD5 concentration, wastewater flow rate, biogas flow rate, 

biogas composition, temperature, pressure, and moisture content.
Page 98 of 124

These procedures include, but are not limited to, calibration of 

gas flow meters, and other measurement devices. The estimated 

accuracy of measurements made with these devices must also be 

recorded, and the technical basis for these estimates must be 

documented.

17. Section 98.355 is amended by revising paragraph (b) to 

read as follows:

§98.355 Procedures for estimating missing data

* * * * *

(b) For each missing value of the CH4 content or biogas flow 

rates, the substitute data value must be the arithmetic average 

of the quality-assured values of that parameter immediately 

preceding and immediately following the missing data incident. 

* * * * *

18. Section 98.356 is amended by:

a. Revising paragraph (a) introductory text.

b. Revising paragraphs (b)(3) and (b)(4).

c. Revising paragraph (d) introductory text and paragraphs 

(d)(2), (d)(4), (d)(6), and (d)(8).

§98.356 Data reporting requirements. 

* * * * *

(a) A description or diagram of the industrial wastewater 

treatment system, identifying the processes used to treat 

industrial wastewater and industrial wastewater treatment 
Page 99 of 124

sludge. Indicate how the processes are related to each other and 

identify the anaerobic processes. Provide a unique identifier 

for each anaerobic process, indicate the average depth in meters 

of each anaerobic lagoon, and indicate whether biogas generated 

by each anaerobic process is recovered. The anaerobic processes 

must be identified as:

* * * * *

(b) * * *

(3) Maximum CH4 production potential (B0) used as an input 

to Equation II-1 or II-2 of this subpart, from Table II-1 to 

this subpart. 

(4) Methane conversion factor (MCF) used as an input to 

Equation II-1 or II-2 of this subpart, from Table II-1 to this 

subpart. 

* * * * *

(d) For each anaerobic wastewater treatment process and 

anaerobic sludge digester from which some biogas is recovered, 

you must report:

* * * * *

(2) Total weekly volumetric biogas flow for each week (up 

to 52 weeks/year) that biogas is collected for destruction.

* * * * *

(4) Weekly average biogas temperature for each week at 

which flow is measured for biogas collected for destruction, or 
Page 100 of 124

statement that temperature is incorporated into monitoring 

equipment internal calculations.

* * * * *

(6) Weekly average biogas pressure for each week at which 

flow is measured for biogas collected for destruction, or 

statement that pressure is incorporated into monitoring 

equipment internal calculations.

* * * * *

(8) Whether destruction occurs at the facility or off-site.

If destruction occurs at the facility, also report whether a 

back-up destruction device is present at the facility, the 

annual operating hours for the primary destruction device, the 

annual operating hours for the back-up destruction device (if 

present), the destruction efficiency for the primary destruction 

device, and the destruction efficiency for the back-up 

destruction device (if present). 

* * * * *

Subpart OO—[Amended]

19. Section 98.416 is amended by removing and reserving 

paragraphs (a)(8) and (a)(9) and revising paragraph (a)(10) to 

read as follows: 

§98.416 Data reporting requirements.

* * * * *

(a) * * *
Page 101 of 124

(8) [Reserved]

(9) [Reserved]

(10) Mass in metric tons of any fluorinated GHG or nitrous 

oxide fed into the transformation process, by process. 

* * * * *

20. Section 98.417 is amended by adding paragraphs (a)(3) 

and (a)(4) to read as follows:

§98.417 Records that must be retained.

(a) * * *

(3) Dated records of the total mass in metric tons of each 

reactant fed into the F–GHG or nitrous oxide production process, 

by process.

(4) Dated records of the total mass in metric tons of the 

reactants, by-products, and other wastes permanently removed 

from the F–GHG or nitrous oxide production process, by process. 

* * * * *

Subpart RR-[Amended]

Section 98.442 is amended by revising paragraphs (e) and 

(f) to read as follows:

§98.442 GHGs to report.

* * * * *

(e) Mass of CO2 emissions from equipment leaks and vented 

emissions of CO2 from surface equipment located between the 

injection flow meter and the injection wellhead.
Page 102 of 124

(f) Mass of CO2 emissions from equipment leaks and vented 

emissions of CO2 from surface equipment located between the 

production flow meter and the production wellhead.

* * * * *

21. Section 98.443 is amended by:

a. Revising paragraph (d).

b. Revising paragraph (d)(3) introductory text.

c. Revising the definition of “CO2FI” and “CO2FP” in Equation 

RR-11 of paragraph (f)(1).

d. Revising the definition of “CO2FI” in Equation RR-12 of 

paragraph (f)(2).

§98.443 Calculating CO2 geologic sequestration.

* * * * *

(d) You must calculate the annual mass of CO2 produced from 

oil or gas production wells or from other fluid wells for each 

separator that sends a stream of gas into a recycle or end use 

system in accordance with the procedures specified in paragraphs 

(d)(1) through (d)(3) of this section. You must account for any 

CO2 that is produced and not processed through a separator. You 

must account only for wells that produce the CO2 that was 

injected into the well or wells covered by this source category.

* * * * *

(3) To aggregate production data, you must sum the mass of 

all of the CO2 separated at each gas-liquid separator in 
Page 103 of 124

accordance with the procedure specified in Equation RR-9 of this 

section. You must assume that the total CO2 measured at the 

separator(s) represents a percentage of the total CO2 produced.

In order to account for the percentage of CO2 produced that is 

estimated to remain with the produced oil or other fluid, you 

must multiply the quarterly mass of CO2 measured at the 

separator(s) by a percentage estimated using a methodology in 

your approved MRV plan. If fluids containing CO2 from injection 

wells covered under this source category are produced and not 

processed through a gas-liquid separator, the concentration of 

CO2 in the produced fluids must be measured at a flow meter 

located prior to reinjection or reuse using methods in 

§98.444(f)(1). The considerations you intend to use to calculate 

CO2 from produced fluids for the mass balance equation must be 

described in your approved MRV plan in accordance with 

§98.448(d)(5).

CO2P = (1+X) * 

W

w 1

CO2, w (Eq. RR-9)

Where:

CO2P = Total annual CO2 mass produced (metric tons) through 

all separators in the reporting year. 

CO2,w = Annual CO2 mass produced (metric tons) through 

separator w in the reporting year. 

X = Entrained CO2 in produced oil or other fluid divided 

by the CO2 separated through all separators in the 

reporting year (weight percent CO2, expressed as a 

decimal fraction).
Page 104 of 124

w = Separator.

(f) * * *

(1) * * *

* * * * *

CO2FI = Total annual CO2 mass emitted (metric tons) from 

equipment leaks and vented emissions of CO2 from 

equipment located on the surface between the flow 

meter used to measure injection quantity and the

injection wellhead, for which a calculation procedure 

is provided in subpart W of this part.

CO2FP = Total annual CO2 mass emitted (metric tons) from 

equipment leaks and vented emissions of CO2 from 

equipment located on the surface between the 

production wellhead and the flow meter used to measure 

production quantity, for which a calculation procedure 

is provided in subpart W of this part.

(2) * * *

* * * * *

CO2FI = Total annual CO2 mass emitted (metric tons) from 

equipment leaks and vented emissions of CO2 from 

equipment located on the surface between the flow 

meter used to measure injection quantity and the 

injection wellhead.

22. Section 98.444 is amended by revising the heading of 

paragraph (d) to read as follows:

§98.444 Monitoring and QA/QC requirements.

* * * * *

(d) CO2 emissions from equipment leaks and vented emissions 

of CO2. * * *

* * * * *
Page 105 of 124

23. Section 98.445 is amended by revising paragraph (e) to 

read as follows:

§98.445 Procedures for estimating missing data.

* * * * *

(e) For any values associated with CO2 emissions from 

equipment leaks and vented emissions of CO2 from surface 

equipment at the facility that are reported in this subpart, 

missing data estimation procedures should be followed in 

accordance with those specified in subpart W of this part.

* * * * *

24. Section 98.446 is amended by:

a. Revising paragraph (a)(2) introductory text and (a)(3) 

introductory text.

b. Revising paragraph (e).

c. Revising paragraph (f) introductory text.

d. Revising paragraph (f)(1)(vii). 

e. Revising paragraphs (f)(3).

§98.446 Data reporting requirements.

* * * * *

(a) * * *

(2) If a volumetric flow meter is used to receive CO2 report 

the following unless you reported yes to paragraph (a)(4) of 

this section:

* * * * *
Page 106 of 124

(3) If a mass flow meter is used to receive CO2 report the 

following unless you reported yes to paragraph (a)(4) of this 

section: 

* * * * *

(e) Report the date that you began collecting data for 

calculating total amount sequestered according to §98.448(a)(7) 

of this subpart.

(f) Report the following. If the date specified in 

paragraph (e) of this section is during the reporting year for 

this annual report, report the following starting on the date 

specified in paragraph (e) of this section.

(1) * * *

(vii) The standard used to calculate each value in 

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

* * * * *

(3) For CO2 emissions from equipment leaks and vented 

emissions of CO2, report the following: 

(i) The mass of CO2 emitted (in metric tons) annually from 

equipment leaks and vented emissions of CO2 from equipment 

located on the surface between the flow meter used to measure 

injection quantity and the injection wellhead.

(ii) The mass of CO2 emitted (in metric tons) annually from 

equipment leaks and vented emissions of CO2 from equipment 
Page 107 of 124

located on the surface between the production wellhead and the 

flow meter used to measure production quantity.

* * * * *

25. Section 98.447 is amended by revising paragraphs 

(a)(5) and (a)(6) to read as follows:

§98.447 Records that must be retained.

(a) * * *

(5) Annual records of information used to calculate the CO2

emitted from equipment leaks and vented emissions of CO2 from 

equipment located on the surface between the flow meter used to 

measure injection quantity and the injection wellhead. 

(6) Annual records of information used to calculate the CO2

emitted from equipment leaks and vented emissions of CO2 from 

equipment located on the surface between the production wellhead 

and the flow meter used to measure production quantity.

* * * * *

26. Section 98.448 is amended by revising paragraphs 

(a)(5) and (e) to read as follows:

§98.448 Geologic sequestration monitoring, reporting, and 

verification (MRV) plan. 

(a) * * *

(5) A summary of the considerations you intend to use to 

calculate site-specific variables for the mass balance equation.

This includes, but is not limited to, considerations for 
Page 108 of 124

calculating CO2 emissions from equipment leaks and vented 

emissions of CO2 between the injection flow meter and injection 

well and/or the production flow meter and production well, and 

considerations for calculating CO2 in produced fluids. 

* * * * *

(e) Revised MRV plan. The requirements of paragraph (c) of 

this section apply to any submission of a revised MRV plan. You 

must continue reporting under your currently approved plan while 

awaiting approval of a revised MRV plan.

* * * * *

27. Section 98.449 is amended by revising the definition 

of “CO2 received” to read as follows:

§98.449 Definitions.

* * * * *

CO2 received means the CO2 stream that you receive to be 

injected for the first time into a well on your facility that is 

covered by this subpart. CO2 received includes, but is not 

limited to, a CO2 stream from a production process unit inside 

your facility and a CO2 stream that was injected into a well on 

another facility, removed from a discontinued enhanced oil or 

natural gas or other production well, and transferred to your 

facility.

* * * * *

Subpart TT-[Amended]
Page 109 of 124

28. Section 98.460 is amended by revising paragraphs 

(c)(1) and (c)(2)(i) to read as follows:

§98.460 Definition of the source category.

* * * * *

(c) * * *

(1) Construction and demolition waste landfills.

(2) * * *

(i) Coal combustion or incinerator ash (e.g., fly ash).

* * * * *

29. Section 98.463 is amended by:

a. Revising paragraph (a)(1).

b. Revising paragraph (a)(2) introductory text.

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

§98.463 Calculating GHG emissions.

(a) * * *

(1) Calculate annual modeled CH4 generation using Equation 

TT-1 of this section.

  























        





    

1

( 1) ( )

4

12

16 T

x S

k T x k T x

CH x x F G W DOC MCF DOC F e e (Eq. TT-1)

Where:

GCH4 = Modeled methane generation in reporting year T (metric 

tons CH4).

X = Year in which waste was disposed.

S = Start year of calculation. Use the year 1960 or the 

opening year of the landfill, whichever is more 

recent.
Page 110 of 124

T = Reporting year for which emissions are calculated.

Wx = Quantity of waste disposed in the industrial waste 

landfill in year X from measurement data and/or other 

company records (metric tons, as received (wet 

weight)).

DOCx = Degradable organic carbon for waste disposed in year X 

from Table TT-1 to this subpart or from measurement 

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

section], if available [fraction (metric tons C/metric 

ton waste)]. 

DOCF = Fraction of DOC dissimilated (fraction); use the 

default value of 0.5.

MCF = Methane correction factor (fraction). Use the default 

value of 1 unless there is active aeration of waste 

within the landfill during the reporting year. If 

there is active aeration of waste within the landfill 

during the reporting year, use either the default 

value of 1 or select an alternative value no less than 

0.5 based on site-specific aeration parameters.

Fx = Fraction by volume of CH4 in landfill gas (fraction, 

dry basis, corrected to 0% oxygen). If you have a gas 

collection system, use the annual average CH4

concentration from measurement data for the current 

reporting year; otherwise, use the default value of 

0.5. 

k = Decay rate constant from Table TT–1 to this subpart 

(yr−1). Select the most applicable k value for the 

majority of the past 10 years (or operating life, 

whichever is shorter).

(2) Waste stream quantities. Determine annual waste 

quantities as specified in paragraphs (a)(2)(i) through (ii) of 

this section for each year starting with January 1, 1960 or the 

year the landfills first accepted waste if after January 1, 

1960, up until the most recent reporting year. The choice of 

method for determining waste quantities will vary according to 

the availability of historical data. Beginning in the first 
Page 111 of 124

emissions reporting year (2011 or later) and for each year 

thereafter, use the procedures in paragraph (a)(2)(i) of this 

section to determine waste stream quantities. These procedures 

should also be used for any year prior to the first emissions 

reporting year for which the data are available. For other 

historical years, use paragraph (a)(2)(i) of this section, where 

waste disposal records are available, and use the procedures 

outlined in paragraph (a)(2)(ii) of this section when waste 

disposal records are unavailable, to determine waste stream 

quantities. Historical disposal quantities deposited (i.e., 

prior to the first year in which monitoring begins) should only 

be determined once, as part of the first annual report, and the 

same values should be used for all subsequent annual reports, 

supplemented by the next year’s data on new waste disposal.

* * * * *

(ii) * * *

(C) For any year in which historic production or processing 

data are not available such that historic waste quantities 

cannot be estimated using Equation TT-3 of this section, 

calculate an average annual bulk waste disposal quantity using 

either Equation TT-4a of this section when data are available 

consecutively for the most recent disposal years or Equation TT4b of this section when data are available for sporadic (nonconsecutive) years.
Page 112 of 124

  1



YrData YrOpen

LFC Wx (Eq. TT-4a)

Where:

Wx = Quantity of waste placed in the landfill in year X 

(metric tons, wet basis). This annual bulk waste 

disposal quantity applies for all years from 

“YrOpen” to “YrData” inclusive.

LFC = Capacity of the landfill used (or the total 

quantity of waste-in-place) at the end of the 

“YrData” from design drawings or engineering 

estimates (metric tons). For closed landfills for 

which waste quantity data are not available, use 

the landfill’s design capacity.

YrData = The year prior to the year when waste disposal data 

are first available for all subsequent years from 

company records or from Equation TT-3 of this 

section. For landfills for which waste quantity 

data are not available, the year in which the 

landfill last received waste.

YrOpen = Year 1960 or the year in which the landfill first 

received waste from company records, whichever is 

more recent. If no data are available for 

estimating YrOpen for a closed landfill, use 1960 

as the default “YrOpen” for the landfill.

YrLast YrOpen NYrData

WIP W

W

NYrData

n

meas n

x

  







1

1

,

(Eq. TT-4b)

Where:

Wx = Quantity of waste placed in the landfill in year X 

(metric tons, wet basis). This annual bulk waste 

disposal quantity applies for all years for which 

waste quantity data are not available from company 

records or from Equation TT-3 of this section.

WIP = Quantity of waste in-place at the start of the 

reporting year from design drawings or engineering 

estimates (metric tons). For closed landfills for 

which waste in-place quantities are not available, 

use the landfill’s design capacity.
Page 113 of 124

Wmeas,n = Annual quantity of waste placed in the landfill for 

the nth measurement year from company records or 

from Equation TT-3 of this section.

YrLast = The last year, prior to the reporting year, that 

the landfill received waste.

YrOpen = Year 1960 or the year in which the landfill first 

received waste from company records, whichever is 

more recent. If no data are available for 

estimating YrOpen for a closed landfill, use 1960 

as the default “YrOpen” for the landfill.

NYrData = The number of years for which annual waste disposal 

quantities are available from company records or 

from Equation TT-3 of this section from YrOpen to 

YrLast inclusive. 

* * * * *

30. Section 98.464 is amended by:

a. Revising paragraph (b) introductory text.

b. Revising paragraph (b)(1).

c. Revising paragraph (b)(3).

d. Revising paragraph (b)(4).

e. Redesignating paragraphs (c), (d), (e), and (f) as 

paragraphs (d), (e), (f), and (h), respectively.

f. Adding a new paragraph (c). 

g. Adding paragraph (g).

§98.464 Monitoring and QA/QC requirements. 

* * * * *

(b) For each waste stream placed in the landfill during the 

reporting year for which you choose to determine volatile solids 

concentration for the purposes of §98.460(c)(2)(xii) or choose 

to determine a landfill-specific DOCx for use in Equation TT-1 of 
Page 114 of 124

this subpart, you must collect and test a representative sample 

of that waste stream using the methods specified in paragraphs 

(b)(1) through (b)(4) of this section.

(1) Develop and follow a sampling plan to collect a 

representative sample (in terms of composition and moisture 

content) of each waste stream placed in the landfill for which 

testing is elected.

* * * * *

(3) For the purposes of §98.460(c)(2)(xii), the volatile 

solids concentration (weight percent on a dry basis) is the 

percent volatile solids determined using Standard Method 2540G 

“Total, Fixed, and Volatile Solids in Solid and Semisolid 

Samples” (incorporated by reference; see §98.7). 

(4) Determine DOC value of a waste stream by either using 

at least a 60-day anaerobic biodegradation test as specified in 

paragraph (b)(4)(i) of this section or by estimating the DOC 

value based on the total and volatile solids measurements as 

specified in paragraph (b)(4)(ii) of this section.

(i) Perform an anaerobic biodegradation test and determine 

the DOC value of a waste stream following the procedures and 

requirements in paragraphs (b)(4)(i)(A) through (E) of this 

section. 

(A) Use the procedures published by a consensus-based 

standards organization to conduct a minimum of a 60-day 
Page 115 of 124

anaerobic biodegradation test. Consensus-based standards 

organizations include, but are not limited to, the following: 

ASTM International (100 Barr Harbor Drive, P.O. Box CB700, West 

Conshohocken, Pennsylvania 19428–B2959, (800) 262–1373, 

http://www.astm.org), the American National Standards Institute 

(ANSI, 1819 L Street, NW., 6th floor, Washington, DC 20036, 

(202) 293–8020, http://www.ansi.org), the American Society of 

Mechanical Engineers (ASME, Three Park Avenue, New York, NY 

10016–5990, (800) 843–2763, http://www.asme.org), and the North 

American Energy Standards Board (NAESB, 801 Travis Street, Suite 

1675, Houston, TX 77002, (713) 356–0060, http://www.api.org). 

(B) Use a minimum of four samples: two waste stream 

samples, a control sample using a known substrate (such as 

ethanol), and a digester sludge blank sample. Each waste stream 

sample must be appropriately ground to ensure the waste material 

is fully exposed to the anaerobic digester sludge.

(C) Determine the net mass of carbon degraded in the 

control sample as the difference in the results of the control 

sample and the digester sludge blank sample. Determine the net 

mass of carbon degraded in each waste stream sample as the 

difference in the results of each waste stream sample and the 

digester sludge blank sample. 

(D) Determine the fraction of carbon degraded in the 

control sample as the net mass of carbon degraded in the control 
Page 116 of 124

sample divided by the mass of carbon added via the substrate 

material in the control sample. If less than 50 percent of the 

theoretical mass of carbon in the control sample is degraded, 

the test run is invalid.

(E) Determine the DOC of each waste sample using Equation 

TT-7 of this section. If the DOC values for the two waste stream

samples differ by more than 20 percent, the test run is invalid. 

The DOC of the waste stream is determined as the average DOC 

value of the two waste stream samples determined during a valid 

test.



















































control

control

sample,x

sample,x

F

x MC

MCD

M

MCD

DOC

1

DOC

(Eq. TT-7)

Where:

DOCx = Degradable organic content of the waste stream in 

Year X (weight fraction, wet basis)

DOCF = Fraction of DOC dissimilated (fraction); use the 

default value of 0.5.

MCDsample,x = Mass of carbon degraded in the waste stream sample 

in Year X as determined in paragraph (b)(4)(i)(C) of 

this section [milligrams (mg)]. 

Msample,x = Mass of waste stream sample used in the anaerobic 

degradation test in Year X (mg, wet basis). 

MCDcontrol = Mass of carbon degraded in the control sample as 

determined in paragraph (b)(4)(i)(B) of this section 

(mg). 

MCcontrol = Mass of carbon added to the control sample via the 

substrate material in the anaerobic degradation 

(mg).
Page 117 of 124

(ii) Calculate the waste stream-specific DOCx value using 

Equation TT-8 of this section.

100%

% TotalSolids

100%

% VolatileSolids DOC F

x x

x  DOC  

(Eq. TT-8)

Where:

DOCx = Degradable organic content of waste stream 

in Year X (weight fraction, wet basis)

FDOC = Fraction of the volatile residue that is 

degradable organic carbon (weight fraction). 

Use a default value of 0.6.

% Volatile Solidsx = Percent volatile solids determined using 

Standard Method 2540G Total, “Fixed, and 

Volatile Solids in Solid and Semisolid 

Samples” (incorporated by reference; see 

§98.7) for Year X [milligrams (mg) volatile 

solids per 100 mg dried solids]. 

% Total Solidsx = Percent total solids determined using 

Standard Method 2540G “Total, Fixed, and 

Volatile Solids in Solid and Semisolid 

Samples” (incorporated by reference; see 

§98.7) for Year X (mg dried solids per 100 

mg wet waste).

(c) For each waste stream for which you choose to determine 

volatile solids concentration for the purposes of paragraph 

§98.460(c)(2)(xii), and that was historically managed in the 

landfill but was not received during the first reporting year, 

you must determine volatile solids concentration of the waste 

stream as initially placed in the landfill using the methods 

specified in paragraph (c)(1) or (c)(2) of this section, as 

applicable.
Page 118 of 124

(1) If you can identify a similar waste stream to the waste 

stream that was historically managed in the landfill, you must 

determine the volatile solids concentration of the similar waste 

stream using the procedures in paragraphs (b)(1) through (b)(3) 

of this section.

(2) If you cannot identify a similar waste stream to the 

waste stream that was historically managed in the landfill, you 

may determine the volatile solids concentration of the 

historically managed waste stream using process knowledge. You 

must document the basis for volatile solids concentration as 

determined through process knowledge.

* * * * *

(g) For landfills electing to measure the fraction by 

volume of CH4 in landfill gas (F), follow the requirements in 

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

(1) Use a gas composition monitor capable of measuring the 

concentration of CH4 on a dry basis that is properly operated, 

calibrated, and maintained according to the requirements 

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

monitor that is also capable of measuring the O2 concentration 

correcting for excess (infiltration) air or you must operate, 

maintain, and calibrate a second monitor capable of measuring 

the O2 concentration on a dry basis according to the 

manufacturer’s specifications.
Page 119 of 124

(2) Use Equation TT-9 of this section to correct the 

measured CH4 concentration to 0% oxygen. If multiple CH4

concentration measurements are made during the reporting year, 

determine F separately for each measurement made during the 

reporting year, and use the results to determine the arithmetic 

average value of F for use in Equation TT-1 of this part. 

 























2

4

20.9 %

20.9

100% O

C

F

CH c

(Eq. TT-9)

Where:

F = Fraction by volume of CH4 in landfill gas (fraction, 

dry basis, corrected to 0% oxygen).

CCH4 = Measured CH4 concentration in landfill gas (volume %, 

dry basis).

20.9c = Defined O2 correction basis, (volume %, dry basis).

20.9 = O2 concentration in air (volume %, dry basis).

%O2 = Measured O2 concentration in landfill gas (volume %, 

dry basis).

* * * * *

31. Section 98.466 is amended by:

a. Revising paragraph (b) introductory text.

b. Revising paragraph (b)(2).

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

d. Revising paragraph (c)(3)(ii).

e. Revising paragraph (d).

f. Revising paragraph (f).

g. Revising paragraph (g)(1). 
Page 120 of 124

§98.466 Data reporting requirements. 

* * * * *

(b) Report the following waste characterization and 

modeling information:

* * * * *

(2) A description of each waste stream (including the types 

of materials in each waste stream) for which Equation TT-1 of 

this subpart is used to calculate modeled CH4 generation.

(3) The fraction of CH4 in the landfill gas, F, (volume 

fraction, dry basis, corrected to 0% oxygen) for the reporting 

year and an indication as to whether this was the default value 

or a value determined through measurement data.

(4) The methane correction factor (MCF) value used in the 

calculations. If an MCF value other than the default of 1 is 

used, provide a description of the aeration system, including 

aeration blower capacity, the fraction of the landfill 

containing waste affected by the aeration, the total number of 

hours during the year the aeration blower was operated, and 

other factors used as a basis for the selected MCF value.

(c) * * *

(3) * * *

(ii) The year, the waste disposal quantity and production 

quantity for each year used in Equation TT-2 of this subpart to 

calculate the average waste disposal factor (WDF).
Page 121 of 124

* * * * *

(d) For each year of landfilling starting with the “Start 

Year” (S) and each year thereafter up to the current reporting 

year, report the following information:

(1) The calendar year for which the following data elements 

apply.

(2) The quantity of waste (Wx) disposed of in the landfill 

(metric tons, wet weight) for the specified year for each waste 

stream identified in paragraph (b) of this section.

(3) The degradable organic carbon (DOCx) value (mass 

fraction) for the specified year and an indication as to whether 

this was the default value from Table TT-1 to this subpart, a 

measured value using a 60-day anaerobic biodegradation test as 

specified in §98.464(b)(4)(i), or a value based on total and 

volatile solids measurements as specified in §98.464(b)(4)(ii).

If DOCx was determined by a 60-day anaerobic biodegradation test, 

specify the test method used.

* * * * *

(f) The modeled annual methane generation (GCH4) for the 

reporting year (metric tons CH4) calculated using Equation TT-1 

of this subpart.

(g) * * *
Page 122 of 124

(1) The annual methane emissions (i.e., the methane 

generation (MG), adjusted for oxidation, calculated using 

Equation TT-6 of this subpart), reported in metric tons CH4. 

* * * * *

32. Section 98.467 is revised to read as follows:

§98.467 Records that must be retained. 

In addition to the information required by §98.3(g), you 

must retain the calibration records for all monitoring 

equipment, including the method or manufacturer’s specification 

used for calibration, and all measurement data used for the 

purposes of paragraph §98.460(c)(2)(xii) or used to determine 

landfill-specific DOCx values.

33. Section 98.468 is amended by adding, in alphabetical 

order, the definitions for “Construction and demolition (C&D) 

waste landfill” and “Design capacity” to read as follows:

§98.468 Definitions.

* * * * *

Construction and demolition (C&D) waste landfill means a 

solid waste disposal facility subject to the requirements of 

subparts A or B of part 257 of this chapter that receives 

construction and demolition waste and does not receive hazardous 

waste (defined in §261.3 of this chapter) or industrial solid 

waste (defined in §258.2 of this chapter) or municipal solid 

waste (defined in §98.6 of this part) other than residential 
Page 123 of 124

lead-based paint waste. A C&D waste landfill typically receives 

any one or more of the following types of solid wastes: roadwork 

material, excavated material, demolition waste, 

construction/renovation waste, and site clearance waste.

Design capacity means the maximum amount of solid waste a 

landfill can accept. For the purposes of this subpart, for 

landfills that have a permit, the design capacity can be 

determined in terms of volume or mass in the most recent permit 

issued by the state, local, or Tribal agency responsible for 

regulating the landfill, plus any in-place waste not accounted 

for in the most recent permit. If the owner or operator chooses 

to convert the design capacity from volume to mass to determine 

its design capacity, the calculation must include a sitespecific density. If the design capacity is within 10 percent of 

the applicability threshold in §98.460(a) and there is a change 

in the production process that can reasonably be expected to 

change the site-specific waste density, the site-specific waste 

density must be redetermined and the design capacity must be 

recalculated based on the new waste density.

* * * * *

34. Table TT-1 to subpart TT is amended by revising the 

entries for “Construction and Demolition” and “Inert Waste 

[i.e., wastes listed in §98.460(b)(3)]” and footnote a to read 

as follows:
Page 124 of 124

Table TT-1 to Subpart TT—Default DOC and Decay Rate Values for 

Industrial Waste Landfills

Industry/Waste Type

DOC 

(weight 

fraction, 

wet basis)

k

[dry 

climatea] 

(yr-1)

k

[moderate 

climatea] 

(yr-1)

k

[wet 

climatea] 

(yr-1)

* * * * * * *

Construction and Demolition 0.08 0.02 0.03 0.04

Inert Waste [i.e., wastes 

listed in §98.460(c)(2)]

0 0 0 0

* * * * * * *

a The applicable climate classification is determined based on the annual 

rainfall plus the recirculated leachate application rate. Recirculated 

leachate application rate (in inches/year) is the total volume of leachate 

recirculated from company records or engineering estimates and applied to the 

landfill divided by the area of the portion of the landfill containing waste 

[with appropriate unit conversions]. 

(1) Dry climate = precipitation plus recirculated leachate less than 

20 inches/year 

(2) Moderate climate = precipitation plus recirculated leachate from 20 

to 40 inches/year (inclusive) 

(3) Wet climate = precipitation plus recirculated leachate greater than 

40 inches/year

Alternatively, landfills that use leachate recirculation can elect to use the 

k value for wet climate rather than calculating the recirculated leachate 

rate.