6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98
[ EPA
- HQ

- OAR

- 2010

- 0929 ; FRL
- ]

RIN 2060

- XXXX
Change to the Reporting Date f or Certain Data Elements
Required Under the Mandatory Reporting of Greenhouse Gases

Rule.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY : EPA is deferring the reporting deadline for data

elements that are used by direct emitt er reporters as
inputs to emission equations under the Mandatory Greenhouse
Gas Reporting Rule. The deadline for reporting some of
these data elements is deferred to March 31, 2013 and the
deadline for reporting others is deferred to March 31,

2015. This final rule does not change any other
requirements of the Mandatory Greenhouse Gas Reporting

Rule.

DATES: Th is final rule is effective on [ INSERT THE DATE 15

DAYS AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL

REGISTER ].

ADDRESSES: EPA has establi shed a docket under Docket ID

No. EPA

– HQ

– OAR

– 2010

- 0929 for this action. All documents inPage 2 of 61

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 materia ls are available either
electronically through http://www.regulations.gov or in
hard copy at EPA‟s Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Ave., NW,
Washington, DC. This Docket Facility is open from 8:30

a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room

is (202) 566

– 1744, and the telephone number for the Air

Docket is (202) 566

– 1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate
Change D ivision, 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; e

- mail address:
GHGReportingRule@epa.gov . For technical information and
implementation materials, please go to the Greenhouse Gas
Reporting Program websitePage 3 of 61

http://www.epa.gov/climatechange/emis sions/ghgrulemaking.ht

ml . To submit a question, select Rule Help Center,
followed by Contact Us.
Worldwide Web (WWW ). In addition to being available
in the docket, an electronic copy of this rule will also be
available through the WWW. Following the Administrator's
signature, a copy of this action will be posted on EPA's
Greenhouse Gas Reporting Program website at
http://www.epa.gov/climatechange/ emissions/ghgrulemaking.ht

ml

.
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. Entities affected by
this final rule are owners or operators of facilities that
are direct emitters of greenhouse gases (GHGs) and are
required to report under the Mandatory GHG Reporting Rule
(40 CFR part 98), which include those listed in Table 1 of
this preamble:Page 4 of 61

Table 1. Examples of Affected Entities by Category Category NAICS Examples of affected facilities General Stationary Fuel Combustion Sources Facilit ies operating boilers, process heaters, incinerators, turbines, and internal combustion engines. 321 Manufacturers of lumber and wood

products. 322 Pulp and paper mills. 325 Chemical manufacturers. 324 Petroleum refineries and

manufacturers of coal products. 316, 326, 339 Manufacturers of rubber and

miscellaneous plastic products. 331 Steel works, blast furnaces. 332 Electroplating, plating,

polishing, anodizing, and coloring. 336 Manufacturers of motor vehicle

parts and accessories. 221 E lectric, gas, and sanitary

services. 622 Health services. 611 Educational services. 325193 Ethyl alcohol manufacturing

facilities. 311611 Meat processing facilities 311411 Frozen fruit, juice, and

vegetable manufacturing facilities. 311421 Frui t and vegetable canning

facilities. Electricity Generation 221112 Fossil

- fuel fired electric generating units, including units owned by Federal and municipal governments and units located in Indian Country. Adipic Acid Production 325199 Adipic acid manuf acturing facilities. Aluminum Production 331312 Primary aluminum production facilities Ammonia Manufacturing 325311 Anhydrous and aqueous ammonia production facilities. Cement Production 327310 Portland Cement manufacturing plants.Page 5 of 61

Category NAICS Examples of affected facilities Electronics Manufact uring 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic

(solid state) device manufacturing facilities. 334419 LCD unit screens manufacturing

facilities. MEMS manufacturing facilities Ferroalloy Production 331112 Fer roalloys manufacturing facilities. Fluorinated GHG Production 325120 Industrial gases manufacturing facilities. Glass Production 327211 Flat glass manufacturing facilities. 327213 Glass container manufacturing

facilities. 327212 Other pressed and blo wn glass

and glassware manufacturing facilities. HCFC

- 22 Production and HFC

- 23 Destruction 325120 Chlorodifluoromethane manufacturing facilities.

Hydrogen Production 325120 Hydrogen production facilities

Iron and Steel Production 331111 Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, basic oxygen process furnace shops. Lead Production 331419 Primary lead smelting and refining facilities. 331492 Secondary lead smelting and

refining facilities. Lime Production 327410 C alcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. Magnesium Production 331419 Primary lead smelting and refining facilities. 331492 Secondary lead smelting and

refining facilities. Municipal Solid Waste Landfills 562212 Soli d waste landfills.

221320 Sewage treatment facilities.

Nitric Acid Production 325311 Nitric acid production facilitiesPage 6 of 61

Category NAICS Examples of affected facilities Petrochemical Production 32511 Ethylene dichloride production facilities. 325199 Acrylonitrile, ethylene oxide,

methanol production facilities. 325110 Ethylene production facilities. 325182 Carbon black production

facilities. Petroleum and Natural Gas Systems 486210 Pipeline transportation of natural gas. 221210 Natural gas distribution

facilities. 211 Extractors of crude pet roleum

and natural gas. 211112 Natural gas liquid extraction

facilities. Petroleum Refineries 324110 Petroleum refineries.
Phosphoric Acid Production 325312 Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing 322110 Pulp mills.

32 2121 Paper mills. 322130 Paperboard mills. Silicon Carbide Production 327910 Silicon carbide abrasives manufacturing facilities.

Soda Ash Manufacturing 325181 Alkalies and chlorine manufacturing facilities. 212391 Soda ash, natural, mining and/or

ben eficiation. Sulfur Hexafluoride (SF 6 ) from Electrical Equipment 221121 Electric bulk power transmission and control facilities.

Titanium Dioxide Production 325188 Titanium dioxide manufacturing facilities.
Underground Coal Mines 212113 Underground anthr acite coal mining operations. 212112 Underground bituminous coal

mining operations.Page 7 of 61

Category NAICS Examples of affected facilities Zinc Production 331419 Primary zinc refining facilities. 331492 Zinc dust reclaiming facilities,

recovering from scrap and/or alloying purchased metals. Industrial La ndfills 562212 Solid waste landfills.

221320 Sewage treatment facilities. 322110 Pulp mills 322121 Paper mills. 322122 Newsprint mills. 322130 Paperboard mills. 311611 Meat processing facilities. 311411 Frozen fruit, juice and

vegetable manuf acturing facilities. 311421 Fruit and vegetable canning

facilities. Wastewater Treatment 322110 Pulp mills

322121 Paper mills. 322122 Newsprint mills. 322130 Paperboard mills. 311611 Meat processing facilities. 311411 Frozen fruit, juice and

v egetable manufacturing facilities. 311421 Fruit and vegetable canning

facilities. 325193 Ethanol manufacturing

facilities. CO 2 Enhanced Recovery Projects 211 Oil and Gas Extraction Projects using CO 2 Enhanced Recovery.
Geologic Sequestration Sites C O 2 Geologic sequestration projects.

Table 1 of this preamble is not intended to be
exhaustive, but rather provides a guide for readers
regarding facilities and suppliers likely to be affected by

this action. Table 1 of this preamble lists types of

facil ities that may be affected by the reportingPage 8 of 61

requirements. Other types of facilities and suppliers than
those listed in the table may also be subject to reporting
requirements. To determine whether you are affected by
this action, you should carefully exa mine the applicability
criteria found in 40 CFR part 98, subpart A or the relevant
criteria in the subparts. If you have questions regarding
the applicability of this action to a particular facility
or supplier, consult the person listed in the preceding FOR

FURTHER GENERAL INFORMATION CONTACT section.

What is the effective date? EPA is making this final

rule effective on [ INSERT THE DATE 15 DAYS AFTER

PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER ]

.
Section 553(d) of the Administrative Procedur e Act ( APA ) , 5
U.S.C. Chapter 5, generally provides that rules may not
take effect earlier than 30 days after they are published

in the Federal Register

. EPA is issuing this final rule
under CAA section 307(d)(1), which states: “ The provisions

of section 553 through 557 * * * of Title 5 shall not,
except as expressly provided in this section, apply to
actions to which this subsection applies. ” Thus , section

553(d) of the APA does not apply to this rule. EPA is
nevertheless acting consistently with APA se ction 553(d) in
making this rule effective on [ INSERT THE DATE 15 DAYSPage 9 of 61

AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL

REGISTER ].
APA section 553(d) (1) provides an exception to the 30

- day publication requirement for any rule that grants or
recognizes an exemption or relieves a restriction. This
final rule provides relief to the current requirement to
report inputs to emission equations by September 30, 2011
for 34 subparts of 40 CFR Part 98 or March 31, 2012 for
eight subparts of 40 CFR p art 98 by def erring these

deadlines to either March 31, 2013 or March 31, 2015 , depending on the data elements. Because this action defers
the regulatory deadline for a reporting requirement, a
shorter effective date is consistent with this exception.

Further, t he pu rpose of the 30

- day waiting period
prescribed in APA section 553(d) is to give affected
parties a reasonable time period to adjust their behavior
and prepare befor e the final rule takes effect. Because

t his final rule defers a reporting deadline, it requi r es
little preparation or behavior adjustment. Where, as here,
the final rule will be signed and made available on the EPA

w ebsite more than 15 days before the effective date, that
purpose is still met.
Accordingly, EPA find s it appropriate, consistent with
APA section 553(d)(1), to make this rule effective onPage 10 of 61

[ INSERT THE DATE 15 DAYS AFTER PUBLICATION OF THIS FINAL

RULE IN THE FEDERAL REGISTER ], even though this results in
an effective date fewer than 30 days from the date of
publication in the Federal Register

.
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 A FTER THE DATE OF PUBLICATION OF THIS

FINAL RULE IN THE FEDERAL REGISTER ]. Under CAA section
307(d)(7)(B), only an objection to this final rule that was
raised with reasonable specificity during the period for
public comment can be raised during judicial r eview. CAA
section 307(d)(7)(B) also provides a mechanism for 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 com ment] 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 demonstra tion to us should

submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000,Page 11 of 61

Ariel Rios Building, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, with a copy to the person listed in
the precedin g 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. Not e, 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 EPA to enforce these requirements.
Acronyms and Abbreviations

. The following acronyms

and abbr eviations are used in this document.

APA Administrative Procedure Act CAA Clean Air Act CH 4 m ethane CFR Code of Federal Regulations CBI confidential business information C O 2 carbon d ioxide EPA U.S. Environmental Protection Agency FTC Federal Trade Commissi on FR Federal Register GHG greenhouse g as HCFC

- 22 chlorodifluoromethane HFC

- 23 trifluoromethane (or CHF 3 ) ICR Information Collection Request LCD liquid crystal display MEMS microelectricomechanical system N 2 O nitrous oxide NAICS North American Industry Cla ssification System NTTAA National Technology Transfer and Advancement Act

of 1995 OMB Office of Management and Budget RFA Regulatory Flexibility Act SF 6 sulfur hexafluoride UMRA Unfunded Mandates Reform Act of 1995Page 12 of 61

U.S. United States WWW Worldwide Web

TA BLE OF CONTENTS I. Background A. How is this Preamble Organized? B. Background on this Action III. Response to Significant Comments on the Proposed Amendments IV. Statutory and Executive Order Reviews A. Executive Orde r 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 P reamble O rganized?
The first section of this preamble contains basic
background information about the origin of these rule
amendments. The second section of this preamble summarizes
major changes since proposal, including changes to the
length of the deferral and to the list of data elements
categorized as inputs to emission equations. The third
section provides an overview of EPA‟s response toPage 13 of 61

significant comments. Finally, the fourth se ction of the
preamble discusses the various statutory and executive
order requirements applicable to this rulemaking.
B. Background on this Action
On October 30, 2009 , EPA published the Mandatory
Greenhouse Gas Reporting Rule for requiring data reporting
regarding greenhouse gas emissions from a broad range of
industry sectors (74 FR 56260). Under 40 CFR part 98 and
its subsequent amendments (hereinafter referred to as “ Part

98 ” ), EPA will require reporting of data from certain
facilities and suppliers ab ove specified thresholds. The
data to be reported include information on GHG emissions
and GHGs supplied, including information necessary to
characterize, quantify, and verify the GHG emissions and
GHGs supplied data. In the preamble to Part 98, we state d,

“ Through a notice and comment process, we will establish

those data elements that are „emissions data‟ and therefore

[under CAA section 114(c)] will not be afforded the
protections of CBI. As part of that exercise, in response
to requests provided in c omments, we may identify classes
of information that are not emissions data, and are CBI ”
(74 FR 56287, October 30, 2009).
On July 7, 2010, EPA proposed confidentiality
determinations for Part 98 data elements and proposedPage 14 of 61

amending EPA‟s regulation for ha ndling confidential
business information to add specific procedures for the

treatment of Part 98 data (75 FR 39094; hereinafter

referred to as the “ July 7, 2010 CBI proposal ” ). These
proposed amendments to 40 CFR part 2 would allow EPA to

release Part 98 data that are determined to be emission

data or non

- CBI upon finalizing the confidentiality status

of these data. The amendments also set forth procedures

for treatment of information in Part 98 determined to be

CBI. The proposed procedures are similar t o or consistent
with the existing 40 CFR part 2 procedures.
The July 7, 2010 CBI proposal proposed confidentiality
statuses for the data elements for subparts that were
included in the 2009 final Part 98 rule (see 74 FR 56260,
October 30, 2009) ; four subp arts finalized in July 2010
(see 75 FR 39736, July 12, 2010) ; and seven new subparts
that had been proposed but not yet finalized as of July
2010 (see 75 FR 18576, 75 FR 18608, and 75 FR 18652, April
12, 2010). The July 7, 2010 CBI proposal also covered

p roposed changes to the reporting requirements for some of
the 2009 final Part 98 subparts. These changes were
proposed in two separate rulemakings (see 75 FR 18455,
April, 12, 2010; and 75 FR 33950, June 15, 2010).Page 15 of 61

On August 11, 2010, EPA published a pro posed amendment
to Part 98 to change the description of some reported data
elements and require reporting of some new data elements

(75 FR 48744; hereinafter referred to as the “ August 11,
2010 revisions proposal ” ). EPA concurrently issued a
supplemental CBI proposal that proposed confidentiality

determinations for the new and revised data elements
included in the August 11, 2010 revisions proposal (75 FR
43889, July 27, 2010; hereinafter referred to as the “ July
27, 2010 supplemental CBI proposal ” ).

As de scribed in detail in the CBI proposals identified
above, EPA grouped Part 98 data into 22 data categories (11
direct emitter data categories and 11 supplier data
categories), with each of the categories containing data
elements that are similar in type or characteristics. EPA
then proposed confidentiality determinations for each
category, with a few exceptions that are not relevant to
today‟s action. Consistent with EPA‟s long

- standing
interpretation, EPA proposed that data elements in the
inputs to emiss ion equations data category meet the

definition of emission data under 40 CFR 2.301(a)(2)(i) and
therefore, under CAA section 114(c), could not be held as
confidential once they were reported to EPA.Page 16 of 61

EPA received numerous public comments on the July 7,

20 10 CBI proposal and the July 27, 2010 supplemental CBI
proposal. EPA received comments that raised concerns
regarding the public availability of data in the inputs to
emission equations category. EPA determined that these

concerns warranted an in

- depth e valuation of the potential
impact from the release of inputs to emission equations, as
well as collection and review of additional information,
that could not be completed before the March 31, 2011
reporting deadline.
In the proposal to this final rulemak ing (75 FR 81350,
December 27, 2010 , hereinafter referred to as the “ December
27, 2010 deferral proposal ” ), EPA proposed to defer the
reporting of inputs to equations until March 31, 2014, to
afford additional time to complete this evaluation and take

appr opriate final actions regarding inputs to equations
before these data elements are reported to EPA and
potentially become subject to release. The deferral
proposal concerned only reporting of inputs to emission
equations for direct emitters and did not af fect any other
requirements of Part 98.
Concurrent with that notice, EPA promulgated an

interim final rule (75 FR 81338, December 27, 2010) that
deferred the initial March 31, 2011 reporting date forPage 17 of 61

inputs to emission equations to August 31, 2011 , to gi ve
EPA time to promulgate this deferral through notice and

comment. (See S ection III of the preamble to the interim

final rule for a detailed rationale.)
EPA concurrently published a call for information,

entitled “ Information on Inputs to Emission Equat ions under
the Mandatory Reporting of Greenhouse Gases Rule ” (75 FR
81366, December 27, 2010; hereinafter referred to as the

“ c all for i nformation ” ), to collect additional information

to assist EPA with the evaluation of the data elements
being deferred. In the call for information , we requested
comment on whether each data element used as an input to an
emission equation for direct emitters was likely to cause
substantial competitive harm if made publicly available;
whether and where it was already public ly available; and,
if public availability of a given input was likely to cause
substantial competitive harm, suggestions of alternate
calculation methodologies and/or verification approaches.

A later Federal Register notice extended the deadline
for report ing of all 2010 reporting year data until
September 30, 2011 (76 FR 14812, March 18, 2011). This
included those data whose reporting deadline had previously
been deferred until August 31, 2011, in the interim final

rule.Page 18 of 61

Based on the July 7 , 2010 CBI prop osal, July 27
supplemental CBI proposal, and comments thereto, EPA
promulgated confidentiality determinations for certain data
elements required to be reported under Part 98 and
finalized amendments to the Special Rules Governing Certain

Information Obtain ed Under the Clean Air Act, which

authorizes EPA to release or withhold as confidential
reported data according to the confidentiality
determinations for such data without taking further
procedural steps (76 FR 30782, May 26, 2011 , hereinafter

referred to as the “ May 26, 2011 F inal CBI R ule ” ). That
notice addressed reporting of data elements in 34 subparts
that were determined not to be inputs to emission equations
and therefore were not proposed to have their reporting

deadline deferred. That rule did no t make confidentiality
determinations for eight subparts for which reporting
requirements were finalized after publication of the July
7, 2010 CBI proposal and July 27, 2010 supplemental CBI
proposal. As explained in Section II.A.3 of the preamble

to the May 26, 2011 Final CBI Rule, EPA will address the
confidentiality of the data elements in those eight
subparts in a separate action. That rule also did not
address data elements used as inputs to emission equations,

which are addressed in this final rule.Page 19 of 61

II. Summary of Major Changes since Proposal
This section provides a summary of major changes since
proposal, including the date to which the reporting of
inputs to equations is deferred as well as the list of data

elements categorized as inputs to emissi on equations.

A. Changes to the Date for Reporting Inputs to Equations

In the December 27, 2010 deferral proposal , EPA
proposed to defer reporting of inputs to equations until
March 31, 2014. For the reasons stated below, in this
final rule, EPA is defe rring the reporting deadline for
some inputs to equations to March 31, 2013 and the others

to March 31, 2015. For a list of inputs to equations to be
reported under each deadline, please see Tables A

- 6 and A

- 7
in the regulatory text at the end of this not ice

.

I n the preamble to the proposed rule , EPA explained

that it proposed to defer reporting of inputs to emission
equations to allow EPA adequate time to fully evaluate

whether and the extent to which potential competitive harm
may result if any of the in puts to equations data elements
were reported and made publicly available , and whether
emissions can be calculated or verified using additional
methodologies, consistent with the transparency and
accuracy goals of Part 98 ( 75 FR 81350, 81355 ) . EPA

therefo re proposed to defer the reporting of inputs toPage 20 of 61

equations until March 31, 2014, with the goal of completing
its evaluations and other necessary actions in advance of

that date.
As mentioned in the Background section (Section I.B of
this preamble) , concurr ent with the December 27, 2010
deferral proposal, EPA issued a call for information to

obtain additional information that would assist EPA in its

evaluations. In the call for information , EPA requested
specific information identifying how public availabil ity of
any input to an emission equation would cause harm to any
reporter, and which data elements that are inputs to
emission equations are already publicly available or
otherwise not sensitive for any reporter. EPA also
requested suggestions of addition al calculation
methodologies and verification approaches for specific
subparts that would achieve the transparency and accuracy
goals of Part 98 without requiring reporting of data
elements that commenters consider likely to cause
substantial competitive h arm.
Since the December 27, 2010 deferral proposal, EPA has
been heavily engaged in the evaluations described above.
For a detailed description of the activities EPA is
undertaking to evaluate each input to equations, please see

a memorandum to the doc ket, “ Process for Evaluating andPage 21 of 61

Potentially Amending Part 98 Inputs to Emission Equations. ”

For the reasons stated below, the evaluations have proven
to be more complex and time

- consuming than EPA had
anticipated. Because EPA had not received as much

in formation as it had anticipated through the call for
information, EPA is spending more time collect ing
information and identifying potential impacts and

solutions. Furthermore, based on the comments received in
response to the deferral proposal and the ca ll for
information, the number of data elements that would require

a more in

- depth evaluation is much larger than EPA had
anticipated at the time of the deferral proposal.

As noted above, EPA proposed to defer the reporting of
inputs to equations to Mar ch 31, 2014, with the goal of
completing its evaluations and other necessary actions by
that date. Despite the difficulties described above, EPA
anticipates that it can complete its evaluations for some
inputs to equations by March 31, 2013. Accordingly, in
this final rule, EPA is requiring reporting of these inputs
to equations by March 31, 2013, a year sooner than
proposed. These data elements are those for which EPA
either is further along or able to proceed more quickly in
the evaluation processes (a s outlined in the docket
memorandum). However, for the remaining inputs, due to thePage 22 of 61

difficulties described above, EPA either is less far along
or the evaluation processes are more time

- consuming. For
these inputs to equations, EPA is deferring the report ing
deadline to March 31, 2015. As we explained in the
December 27, 2010 deferral proposal, deferral of the inputs
reporting deadline to either date does not change an y other
requirements of Part 98, including the requirement that

these data elements be r etained as records in a form that
is suitable for expeditious inspection and review (required

for all P art 98 records by 40 CFR 98.3(g)).

The results of o ur decision regarding the reporting
deadline for each input are provided in Tables A

- 6 and A

- 7,

and in the Response to Comments document in the docket
titled, “ Response to Comments on the Greenhouse Gas
Reporting Rule

- Deferral Notice and Call For Information. ”

A. Changes to the List of Deferred Data Elements

In this notice , we are including in the list of

deferred data elements 16 data elements that were not
identified as inputs to equations in the December 27, 2010

deferral proposal. We are also removing 24 data elements

that were either incorrectly identified as inputs to
equations in the December 27 , 2010 deferral proposal or are
no longer required to be reported . In addition, we arePage 23 of 61

clarifying the deferral regarding t hree data elements that
are used as inputs to emission equations in some

circumstances but not in others.

EPA received numerous publ ic comments on the December
27, 2010 deferral proposal , including s ome comments

contend ing that additional data elements besides those
listed in the proposed regulatory text are inputs to
emission equations. We agree with commenters that six data

elements that were not included in the December 27, 2010
deferral proposal are actually inputs to emission equations

and, therefore, should be deferred. These data elements

are the following :

Subpart Y: Quantity of unstabilized crude oil received during the calen dar year ( 40 CFR 98.256(o)(6) )

. 1 Subpart Y: Average pressure differential ( 40 CFR 98.256(o)(6) )

. 1 Subpart Y: Mole fraction of methane ( CH 4 ) in vent gas from the unstabilized crude oil storage tank ( 40 CFR 98.256(o)(6) )

. 1 Subpart Y: Tank

- specific methane composition data ( 40 CFR 98.256(o)(7) )

. 1 Subpart Y: Gas generation rate data ( 40 CFR 98.256(o)(7) )

. 1 Subpart TT: Surface area (in square meters) at the start of the reporting year for the landfill sections that contain waste and that are associated with th e

1 This data element is listed in one of the 34 Part 98 subparts addressed in the May 26, 2011 Final CBI Rule. Consistent with that rule‟s treatment of inputs to emission equations, that rule did not assign a confidentialit y determination to this data element.Page 24 of 61

selected cover type (for facilities using a landfill gas colle ction system) ( 40 CFR 98.466(e )(2) )

. 1

EPA agrees with the comments that the six data elements

described above are inputs to emission equations. In light
of these comments, EPA reviewed the da ta elements lists to
assure proper categorization and identified nine additional
data elements that are inputs to emission equations , but
were not included in the December 27, 2010 deferral
proposal. These data elements are the following :

Subpart I: Fract ion of each fluorinated GHG or N 2 O destroyed or removed in abatement systems connected to process tools where recipe, process sub

- type, or process type j is used (40 CFR 98.96 ( o )). 2 Subpart I: All inputs and results of calculations made accounting for the uptime of abatement systems used during the reporting year, in accordance with Equations I

- 14 and I

- 15 of this subpart (40 CFR 98.96(q)(2) )

. 2 Subpart L: Where missing data have been estimated pursuant to 40 CFR 98.125 report, estimate of the missing data ( 40 CFR 98.126(d ) )

. 2 Subpart U: Annual carbonate input by carbonate type ( 40 CFR 98.216(f)(1) )

. 1 Subpart U: Annual carbonate output by carbonate type ( 40 CFR 98.216(f)(2) )

. 1 Subpart W: For gas well completions and workovers without hydraulic fracturing: tot al count of completions in calendar year ( 40 CFR 98. 236(c)(6)(ii)(A) )

. 2

2 This data element is listed in one of the eight Part 98 subparts that were not addressed in the May 26, 2011 Final CBI Rule but for which confidentiality determinations will be addressed in a separate action;
see sec tion II.A.3 of the preamble to the May 26, 2011 Final CBI Rule.Page 25 of 61

Subpart W: Count of compressors ( 40 CFR 98. 236(c)(14)(v)(A) )

. 2 Subpart TT: Last year the landfill accepted waste (for closed landfills using Equation TT

- 4) ( 40 CFR 98.466(a)(3) )

. 1

Su bpart TT: Capacity of the landfill in metric tons (for closed landfills using Equation TT

- 4) ( 40 CFR 98.466(a)(4) )

. 1

In addition, there are 2 3 data elements that were
incorrectly identified in the December 27, 2010 deferral
proposal as inputs to emissions equations

. For four of

these data elements that are in the 34 subparts addressed

in the May 26, 2011 Final C BI Rule , EPA assigned them to
the appropriate categories and made final determinations
regarding their confidentiality status in that rule.

Consi stent with the Final CBI Rule, EPA is removing those

data elements from the deferral list in this final rule.

These data elements are:

Subpart C: Percentage of source operating hours for which substitute data is used for s tack gas flow rate ( 40 CFR 98.36( e)(2)(vi)(C) )

. Subpart C: Percentage of source operating hours for which substitute data is used for s tack gas moisture content ( 40 CFR 98.36(e)(2)(vi)(C) )

. Subpart Y: Average coke burn

- off quantity per cycle or measurement period, and average carb on conte nt of coke (40 CFR 98.25 6(f)(13)). Subpart FF: Dates in quarterly reporting period where active ventilation of mining operations is taking place ( 40 CFR 98.326(l) )

.Page 26 of 61

The remaining 19 data elements that were incorrectly
identified in the proposed deferral a s inputs to emissions
equations were in the eight subparts not covered by the May
26, 2011 Final CBI Rule. As explained in Section II.A.3 of
the preamble to that rule, EPA will address the
confidentiality of the data elements in those eight
subparts in a separate action. Consistent with the actions
described above, EPA is removing these 19 data elements

from the list of inputs to emission equations in this final

rule. These data elements are:

Subpart I: For all fluorinated GHGs and N 2 O used at your facil ity for which you have not calculated emissions using Equations I

– 6, I

– 7, I

– 8, I

– 9, and I

– 10, the chemical name of the GHG used, the annual consumption of the gas, and a brief description of its
use ( 40 CFR 98.96(g) )

. Subpart I: Certification that each aba tement system has been installed, maintained, and operated in accordance with manufacturers' specifications ( 40 CFR 98.96(q)(1) )

. Subpart W: Total number of days of gas venting to the atmosphere during backflow for completion ( 40 CFR 98.236(c)(6)(ii)(C) )

. Subpart W: Number of wellhead separators sending oil to atmospheric tanks ( 40 CFR 98.236(c)(8)(i)(A) )

. Subpart W: Count of hydrocarbon tanks at well pads ( 40 CFR 98.236(c)(8)(i)(D) )

. Subpart W: Best estimate of count of stock tanks not at well pads receivi ng your oil ( 40 CFR 98.236(c)(8)(i)(E) )

. Subpart W: Count of tanks with emissions control measures, either vapor recovery system or flaring, for tanks at well pads ( 40 CFR 98.236(c)(8)(i)(G) )

.Page 27 of 61

Subpart W: Best estimate of count of stock tanks assumed to hav e emissions control measures not at well pads, receiving your oil ( 40 CFR 98.236(c)(8)(i)(H) )

. Subpart W: Range of concentrations of flash gas, CH 4 , and carbon dioxide ( CO 2 ) ( 40 CFR 98.236(c)(8)(i)(I) )

. Subpart W: Report emissions individually for Calculat ion Methodology 1 and 2 of §98.233(j) ( 40 CFR 98.236(c)(8)(i)(J) )

. Subpart W: Total number of wells sending oil directly to tanks ( 40 CFR 98.236(c)(8)(ii)(B) )

. Subpart W: Total number of wells sending oil to separators off the well pads ( 40 CFR 98.236(c)(8 )(ii)(C) )

. Subpart W: Count of hydrocarbon tanks on wellpads ( 40 CFR 98.236(c)(8)(ii)(E) )

. Subpart W: Count of hydrocarbon tanks, both on and off well pads assumed to have emissions control measures: either vapor recovery system or flaring of tank vapors ( 40 CFR 98.236(c)(8)(ii)(F) )

. Subpart W: Number of wells without wellhead separators ( 40 CFR 98.236(c)(8)(iii)(B) )

. Subpart W: Total volume of oil production in barrels per year ( 40 CFR 98.236(c)(8)(iii)(C) )

. Subpart W: CH 4 and CO 2 emissions (refer to Equat ion W

– 31 of §98.233) collectively by equipment type ( 40 CFR 98.236(c)(15)(ii)(C) )

. Subpart W: Report emissions collectively ( 40 CFR 98.236(c)(17)(v) )

. Subpart W: Report annual throughput as determined by engineering estimate based on best available data fo r each industry segment listed in paragraphs (a)(1) through (a)(8) of this section ( 40 CFR 98.236(d) )

.
We also have removed the following data element from
the list of deferred inputs to emission equations because

it is no longer required to be reported.Page 28 of 61

Subpart CC: Annual operating hours for manufacturing lines used to produce soda ash using liquid alkaline feedstock ( 40 CFR 98.296(b)(10)(vii) )

. We also have added clarifications regarding the

conditions under which certain data elements are deferred :

Su bpart Y: For 40 CFR 98.256(h)(5), we have clarified that the annual volume of recycled tail gas is deferred only for reporters who use this data element to calculate the recycling correction factor. Subpart HH : For 40 CFR 98.346(a), we have clarified that the last year the landfill accepted waste and the capacity of the landfill are deferred only when reported by closed landfills using Equation HH

- 3 to calculate emissions.

In this final rule, EPA has also deleted two erroneous

rule citations from the list of inputs in the December 27,
2010 deferral proposal

. These citations are 40 CFR

98.236(c)(14)(iv)(A) and (iv)(B)

. T hough listed in the
deferral proposal as reporting requirements for subpart W,

t hese two paragraphs are not in the final subpart W rule

pu blished on November 30, 2010 (75 FR 74458).

III. Response to Significant Comments on the Proposed

Amendments
This section contains a brief summary of the
significant comments and our responses thereto . Other
comments were also received. Responses to these comments

can be found in “ Response to Comments on the Greenhouse GasPage 29 of 61

Reporting Rule

- Deferral Notice and Call for Information ”

in the docket.

Comment: Several commenters supported deferring all

data elements used as inputs to emission equations thr ough
the proposed date of March 13, 2014. Some commenters
specified the source categories and/or data elements for
which they support the deferral. These commenters
explained that the inputs in these categories would cause
competitive harm if made public ly available and describ ed
how this would occur. For example, some of these
commenters provided information on how release of certain
product composition, production and throughput quantities,
and raw material data elements could be used by their
competit ors to gain a competitive advantage and cause harm
to the reporter. Some commenters noted that particular
inputs are not publicly available and named steps that
reporters take to protect these data. Some of these

commenters noted that other Federal and S tate agencies that

collect similar information treat the information as

confidential.
Other commenters opposed deferring the reporting of
any of the Part 98 data elements. Some commenters
indicated that many of the data elements proposed for

deferral are publicly available in F ederal and S tatePage 30 of 61

permits, S tate inventories, published studies, or other
publicly available sources, or otherwise not likely to
cause substantial competitive harm if made publicly
available. Additionally, some data elements and subp arts
did not receive comments, and some received comments that
asserted a position without providing evidence.

Response: EPA appreciates the comments in support of
deferring the reporting deadline for inputs to equations.
As part of the evaluations descr ibed in S ection II.A of
this preamble, EPA will consider the examples of
competitive harm, public availability, and other factors
that commenters provided for many of the inputs.

EPA dis a grees with the comments opposing deferral of
any of the inputs. Ho wever, as explained in S ection II.A
of this preamble , EPA is deferring the reporting deadline
only until March 31, 2013 for those inputs for which our

evaluations are less time

- consuming or further along. For

the others , the evaluations of which are more complex and

time

- consuming, EPA is deferring the reporting deadline

until March 31, 2015.

Comment: Some commenters contended that the December
27, 2010 deferral proposal was contrary to law and
Congressional intent and would subvert the spirit of the

repo rting mandate.Page 31 of 61

Response: EPA disagrees with these comments. T itle II

of t he 2008 Consolidated Appropriations Act (H.R. 2764;

Public Law 110

– 161) requires EPA to establish “ mandatory
reporting of greenhouse gas emissions above appropriate

thresholds in all sectors ” of the U.S. economy through
publication of a draft rule within 9 months of the
promulgation of the Appropriations Act and a final rule
within 18 months, a task EPA accomplished in its
promulgation of the Greenhouse Gas Reporting Program under

Par t 98

. Congress left the Agency discretion in
determining the specific data to be reported, timing of
data reporting , and the methods of data calculation and

verification. Today‟s action affects only the reporting

deadline of the data elements identified as inputs to
emission equations, which EPA has discretion to establish.
During the deferral period, reporters must continue to
report GHG emission levels and all other data required

under Part 98 that are not identified as inputs to emission
equations

.

C omment: Some commenters referenced comments submitted
by the Federal Trade Commission ( FTC ) on the July 7, 2010,
CBI proposal, stating that public disclosure of specific

data elements would create antitrust concerns.Page 32 of 61

Response: EPA appreciates the comme nts from the FTC

and from commenters that referenced th ose comments . As
explained in the memorandum to the docket describing EPA‟s
process for evaluating the inputs to emission equations,

“ Process for Evaluating and Potentially Amending Part 98

Inputs to Emission Equations, ” EPA will take these comments
into consideration in determining the likelihood of each
input to cause substantial competitive harm if released.

Comment: Several commenters indicated that deferring
reporting of inputs to emission equat ions would interfere
with State greenhouse gas reporting programs.

Response : EPA disagrees with these comments. The
deferred reporting of inputs to emission equations under
EPA‟s Greenhouse Gas Reporting Program does not affect the
ability of States to require facilities to report these

data elements.

Comment: Several commenters alleged that deferring
the reporting deadline for inputs to emission equations
would render EPA unable to verify reported emission totals
during the deferral period.

Response: EPA disagrees with this comment. For the
direct emitter source categories, EPA recognizes that,
during the deferral period, we will receive fewer data upon
which to conduct electronic verification. As a result, asPage 33 of 61

described in the December 27, 2010 deferra l proposal, EPA
temporarily will place additional emphasis on direct

follow

- up with facilities. Although we will not be
requiring the reporting of equation inputs during the
deferral period, we will nonetheless be requiring reporting

of several different types of data that will be used for

verification. These data include the calculation
methodologies used, specific test methods that were used to
determine equation inputs, an indication of whether missing
data procedures were used, and various operating

ch aracteristics such as plant and equipment capacities and
production rates. These data will be used in the
electronic verification process. EPA is confident that
electronic verification coupled with more robust direct

follow

- up will achieve verification d uring the deferral
period.

IV. S t atutory and Executive Order Reviews

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

This action is not a “ significant regulatory action ”

unde r the terms of Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not subject to reviewPage 34 of 61

under Executive Orders 12866 and 13563 (76 FR 3821, January
21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information

co llection burden. These amendments do not make any
substantive changes to the reporting requirements in any of
the subparts. The amendments simply delay reporting of
certain data elements. However, the Office of Management
and Budget has previously appro ved the information
collection requirements for 31 subparts contained in the
regulations promulgated on October 30, 2009 (ICR number
2300.03); subpart W promulgated on November 30, 2010 (ICR
number 2376.02); subparts I, L, DD, QQ, and SS promulgated

on Dec ember 1, 2010 (ICR number 2373.02); subparts T, FF,
II, and TT promulgated on July 12, 2010; and subparts RR
and UU promulgated on December 1, 2010 (ICR number 2372.02)
under 40 CFR part 98 under the provisions of the Paperwork

Reduction Act , 44 U.S.C. 350 1 et seq . C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a
regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute u nless
the agency certifies that the rule will not have aPage 35 of 61

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 t he impacts of this 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.
After considering the economic impac ts of these rule
amendments on small entities, I certify that this action
will not have a significant economic impact on a

substantial number of small entities. The rule amendments
will not impose any new requirement s on small entities that

are not curren tly required by Part 98.
EPA took several steps to reduce the impact of P art 98
on small entities. For example, EPA determined appropriate

thresholds that reduced the number of small businesses
reporting. In addition, EPA conducted several meetings

with industry associations to discuss regulatory options
and the corresponding burden on industry, such asPage 36 of 61

recordkeeping and reporting. For a summary of EPA‟s
consultations with State and/or local officials or other
representatives of State and/or local govern ments in
developing Part 98, see Section VIII.D of the preamble to
the final rule (74 FR 56370, October 30, 2009). Finally,
EPA continues to conduct significant outreach on the GHG
reporting program and maintains an “ open door ” policy for

stakeholders to help inform EPA‟s understanding of key

issues for the industries.

D. Unfunded Mandates Reform Act (UMRA)

Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), 2 U.S.C. 1531

– 1538, requires Federal agencies,
unless otherwise prohibited by law, to ass ess 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 g overnments on compliance
with the regulatory requirements.Page 37 of 61

The rule amendments do not contain a Federal mandate
that may result in expenditures of $100 million or more for

State, local, and T ribal governments, in the aggregate, or
the private sector in any one year. Thus, the 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. The amendments will not
impose any new requirements that are not currently required

for P art 98, and the rule amendments would not unfairly
apply to small governments. Therefore, this action is not
subject to the req uirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism
This action does not have federalism implications. It
will not have substantial direct effects on the States, on
the relationship between the national government and the

States, or on the distribution of power and
responsibilities among the various levels of government, as
specified in Executive Order 13132.
These amendments apply directly to facilities that
supply certain products that would result in GHGs when

released, combus ted or oxidized and facilities that
directly emit greenhouses gases. They do not apply toPage 38 of 61

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, EPA did consult with State and local
officials or representatives of State and local governments
in developing Part 98. For a discussion of how Part 98
relates to existing State programs and a summary of EPA‟s

consultations with State and local government
representatives during the development of Part 98, see
Sections II and VIII of the preamble for the final Part 98
(74 FR 56260, October 30, 2009), respectively. In
addition, after the July 7, 2010 CBI proposal, EPA held

me etings with associations including State and local
agencies, and considered public comments submitted by such
agencies in developing the final confidentiality
determinations and 40 CFR part 2 amendments.

F. Executive Order 13175: Consultation and Coordin ation

with Indian Tribal GovernmentsPage 39 of 61

This action does not have T ribal implications, as
specified in Executive Order 13175 (65 FR 67249, November
9, 2000). The rule amendments would not result in any
changes to the requirements that are not currently requi red

for P art 98. Thus, Executive Order 13175 does not apply to

this action.
Although Executive Order 13175 does not apply to this
action, EPA consulted with T ribal officials in developing

Part 98. A summary of the concerns raised during that

consultation and EPA‟s response to those concerns is
provided in S ection VIII.F of the preamble to the final
Part 98 (74 FR 56371, October 30, 2009).

G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
EPA interprets Exec utive 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. Thi s
action is not subject to Executive Order 13045 because it

does not establish an environmental standard intended to
mitigate health or safety risks.
H. Executive Order 13211: Actions that Significantly
Affect Energy Supply, Distribution, or UsePage 40 of 61

This acti on 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 an d
Advancement Act of 1995 (NTTAA), Public Law No. 104

- 113,
12(d) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards in its regulatory activities unless to
do so would be inconsistent with applicable law or
otherwise impractical. Volunta ry consensus standards are
technical standards (e.g., materials specifications, test
methods, sampling procedures, and business practices) that
are developed or adopted by voluntary consensus standards
bodies. NTTAA directs EPA to provide Congress, throug h the
Office of Management and Budget ( OMB ) , explanations when
the Agency decides not to use available and applicable
voluntary consensus standards.
This rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any vol untary

consensus standards.

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

Income PopulationsPage 41 of 61

Executive Order 12898 (59 FR 7629, February 16, 1994)
establishes Federal executive policy on environ mental
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 hu man health or
environmental effects of their programs, policies, and
activities on minority populations and low

- income
populations in the United States.

EPA has determined that these rule amendments will not
have disproportionately high and adverse human health or
environmental effects on minority or low

- income populations
because it does not affect the level of protection provided

to human health or the environment. This is because this
rule addresses information collection and reporting
procedures.

K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq ., as
added by the Small Business Regulatory Enforcement Fairness
Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a r ule
report, which includes a copy of the rule, to each House of
the Congress and to the Comptroller General of the UnitedPage 42 of 61

States. EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S.
House of Representa tives, 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 [ INSERT THE DATE 15 DAYS AFTER

PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER ].Change to the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule Page 43 of 61
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.44 of 61

For the reasons stated in the preamble, title 40,

C hapter I, of the Code of Federal Regulations is amended as

follows:

PART 98
— [AMENDED]

1. The authority citation for part 98 continues to

read as follows:
Authority : 42 U.S.C. 7401 , et seq

. Subpart A

— [A mended ]

2. Section 98.3 is amended by r evising paragraph

(c)(4)(vii) to read as follows:
§98.3 What are the ge neral monitoring, reporting,
recordkeeping, and verification requirements of this part?

* * * * *

(c) * * *

(4) * * *
(vii) The owner or operator of a facility is not
required to report the data elements specified in Table A

- 6

to this subpart for ca lendar years 2010 through 201 1 until
March 31, 2013. The owner or operator of a facility is not
required to report the data elements specified in Table A

- 7

to this subpart for calendar years 2010 through 201 3 until
March 31, 2015.

* * * * *45 of 61

3. Subpart A is amended by revising Table A

- 6 to
Subpart A of Part 98 and adding Table A

- 7 to Subpart A of

Part 98 to read as follows :

Table A

- 6 to Subpart A of Part 98

-- Data Elements That Are Inputs to Emission Equations and for Which the Reporting Deadline is March 31, 2013

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2013 ( “A ll ” means all data elements in the cited paragraph are not required to be reported until March 31,

2013 ) C 98.36(d)(1)(iv) All C 98.36(d) (2)(ii)(G) All
C 98.36(d)(2)(iii)(G) All
C 98.36(e)(2)(iv)(G) All
C 98.36(e)(2)(viii)(A) All
C 98.36(e)(2)(viii)(B) All
C 98.36(e)(2)(viii)(C) All
C 98.36(e)(2)(x)(A) All
C 98.36(e)(2)(xi) All
DD 98.306(a)(2) All
DD 98.306(a)(3) All
DD 98.306(d) All
DD 98.306(e) All
DD 98.306(f) All
DD 98.306(g) All
DD 98.306(h) All
DD 98.306(i) All
DD 98.306(j) All
DD 98.306(k) All
DD 98.306(l) All
FF 98.326(a) All
FF 98.326(b) All
FF 98.326(c) All
FF 98.326(f) Only quarterly volumetric flow rate.46 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2013 ( “A ll ” means all data elements in the cited paragraph are not required to be reported until March 31,

2013 ) FF 98.326(g) Only quarterly CH 4 concentration. FF 98.326(h) Only weekly volumetric flow used to calculate CH 4 liberated from degasification systems.
FF 98.326(j) All
FF 98.326(k) All
FF 98.326(o) All
FF 98.326(p) Only assumed destruction efficiency for the primary destruction device and assumed destruction efficiency for the backup destruction device. HH 98.346(a) Only year in which landfill first accepted waste, last year the landfill accepted waste (if used as an input in Equation HH

- 3) , capacity of t he landfill (if used as an input in Equation HH

- 3) , and waste disposal quantity for each year of landfilling. HH 98.346(b) Only quantity of waste determined using the methods in §98.343(a)(3)(i), quantity of waste determined using the methods in §98.343( a)(3)(ii), population served by the landfill for each year, and the value of landfill capacity (LFC) used in the calculation. HH 98.346(c) All
HH 98.346(d)(1) Only degradable organic carbon (DOC) value, methane correction factor (MCF) values, and fracti on of DOC dissimilated (DOCF) values. HH 98.346(d)(2) All
HH 98.346(e) Only fraction of CH 4 in landfill gas. HH 98.346(f) Only surface area associated with each cover type.47 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2013 ( “A ll ” means all data elements in the cited paragraph are not required to be reported until March 31,

2013 ) HH 98.346(g) All
HH 98.346(i)(5) Only annual operating hours for the primary d estruction device, annual operating hours for the backup destruction device, destruction efficiency for the primary destruction device, and destruction efficiency for the backup destruction device. HH 98.346(i)(6) All HH 98.346(i)(7) Only surface area sp ecified in Table HH

- 3, estimated gas collection system efficiency, and annual operating hours of the gas collection system. HH 98.346(i)(9) Only CH 4 generation value.
II 98.356(b)(1) All

II 98.356(b)(2) All

II 98.356(b)(3) All
II 98.356(b)(4) All

II 98.356(b)(5) All
II 98.356(d)(1) All

II 98.356(d)(7) All II 98.356(d)(8) Only annual operating hours for the primary destruction device, annual operating hours for the backup destruction device, destruction efficiency of the primary destruction device, and destruction efficiency of the backup destruction device. SS 98.456(a) All
SS 98.456(b) All

SS 98.456(c) All
SS 98.456(d) All48 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2013 ( “A ll ” means all data elements in the cited paragraph are not required to be reported until March 31,

2013 ) SS 98.456(e) All
SS 98.456(f) All
SS 98.456(g) All
SS 98.456(h) All

SS 98.456(i) All
SS 98.456(j) All
SS 98.456(m) All
SS 98.456(n) All

SS 98.456(o) All
SS 98.456(q) All
SS 98.456(r) All
SS 98.456(s) All
SS 98.456(t) Only for any missing data the substitute parameters used to estimate emissions in their absence. TT 98.466(a)(2) All
TT 98.466(a)(3) Only last yea r the landfill accepted waste (for closed landfills using Equation TT

- 4) TT 98.466(a)(4) Only capacity of the landfill in metric tons (for closed landfills using Equation TT

- 4) TT 98.466(c)(1) All
TT 98.466(c)(4)(i) All
TT 98.466(c)(4)(ii) All
TT 98.4 66(c)(4)(iii) All

TT 98.466(d)(1) All
TT 98.466(d)(2) Only degradable organic carbon (DOCx) value used in calculations. TT 98.466(d)(3) Only fraction of CH4 in landfill gas.49 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2013 ( “A ll ” means all data elements in the cited paragraph are not required to be reported until March 31,

2013 ) TT 98.466(e)(2) Only surface area (in square meters) at the start of the repor ting year for the landfill sections that contain waste and that are associated with the selected cover type (for facilities using a landfill gas collection system) TT 98.466(f) All

Table A

- 7 to Subpart A of Part 98

-- Data Elements That Are Inputs to Emis sion Equations and for Which the Reporting Deadline is March 31, 2015

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) A 98.3(d)(3)(v) All
C 98.36(b)(9)(iii) Only estimate of the heat input. C 98.36(c)(2)(ix) Only estimate of the heat input from each type of fuel listed in Table C

- 2. C 98.36(e)(2)(i) All
C 98.36(e)(2)(ii)(A) All
C 98.36(e)( 2)(ii)(C) Only HHV value for each calendar month in which HHV determination is required. C 98.36(e)(2)(ii)(D) All
C 98.36(e)(2)(iv)(A) All
C 98.36(e)(2)(iv)(C) All
C 98.36(e)(2)(iv)(F) All
C 98.36(e)(2)(ix)(D) All
C 98.36(e)(2)(ix)(E) All50 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) C 98.36(e )(2)(ix)(F) All
E 98.56(b) All
E 98.56(c) All
E 98.56(g) All
E 98.56(h) All
E 98.56(j)(1) All
E 98.56(j)(3) All
E 98.56(j)(4) All
E 98.56(j)(5) All
E 98.56(j)(6) All E 98.56(l) All F 98.66(a) All
F 98.66(c)(2) All
F 98.66(c)(3) Only smelter

- sp ecific slope coefficients and overvoltage emission factors. F 98.66(e)(1) Only annual anode consumption (No CEMS). F 98.66(f)(1) Only annual paste consumption (No CEMS). F 98.66(g) All
G 98.76(b)(2) All
G 98.76(b)(7) All
G 98.76(b)(8) All
G 98.76(b )(9) All
G 98.76(b)(10) All
G 98.76(b)(11) All
H 98.86(b)(2) All
H 98.86(b)(5) All
H 98.86(b)(6) All
H 98.86(b)(8) All
H 98.86(b)(10) All
H 98.86(b)(11) All
H 98.86(b)(12) All
H 98.86(b)(13) All51 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) H 98.86(b)(15) Only monthly kiln

- specific clinker factors (if used) for each kiln. I 98.96(f)(1) All
I 98.96(g) Only annual consumption of the gas (excluding annual consumption of gases for which the reporter did not calculate emissions using Equations I

– 6, I

– 7, I

– 8, I

– 9, and I

– 10 of subpart L)

. I 98.9 6(h) All
I 98.96(i) All
I 98.96(j) All
I 98.96(k) All
I 98.96(l) All
I 98.96(n) All
I 98.96(o) All
I 98.96(q)(2 ) Only inputs and results of calculations made accounting for the uptime of abatement systems used during the reporting year. I 98.96(q)( 3) All
I 98.96(q)(5)(iv) Only inputs used to calculate the class average. I 98.96(r) All
I 98.96(s) Only estimates of inputs into the heat transfer fluid mass balance equation. K 98.116(b) Only annual production by product from each EAF (No CEMS). K 9 8.116(e)(4) All
K 98.116(e)(5) All
L 98.126(b)(1) Only data used in calculating the absolute errors and data used in calculating the relative errors. L 98.126(b)(2) All52 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) L 98.126(b)(6) Only mass of each fluorine

containing reactant fed into the process. L 98.126(b)(8)(i) Only mass of each fluorine

containing product that is removed from the process and fed into the destruction device. L 98.126(b)(8)(ii) Only mass of each fluorine

containing by

- product that is removed from the process and fed into the d estruction device. L 98.126(b)(8)(iii) Only mass of each fluorine

containing reactant that is removed from the process and fed into the destruction device. L 98.126(b)(8)(iv) Only mass of each fluorine

containing by

- product that is removed from the proce ss and recaptured. L 98.126(b)(8)(v) All
L 98.126(b)(9)(i) All
L 98.126(b)(9)(ii) All
L 98.126(b)(9)(iii) All
L 98.126(b)(10) All
L 98.126(b)(11) All
L 98.126(b)(12) All
L 98.126(c)(1) Only quantity of the process activity used to estimate emission s. L 98.126(c)(2) All
L 98.126(d) Only estimate of missing data.
L 98.126(f)(1) All
L 98.126(g)(1) All
L 98.126(h)(2) All53 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) N 98.146(b)(2) Only annual quantity of carbonate based

- raw material charged to each continuous glass melting furnace. N 98.146( b)(4) All
N 98.146(b)(6) All
O 98.156(a)(2) All
O 98.156(a)(7) All
O 98.156(a)(8) All
O 98.156(a)(9) All
O 98.156(a)(10) All
O 98.156(b)(1) All
O 98.156(b)(2) All
O 98.156(d)(1) All
O 98.156(d)(2) All
O 98.156(d)(3) All
O 98.156(d)(4) All
O 98 .156(d)(5) All
O 98.156(e)(1) All
P 98.166(b)(2) All
P 98.166(b)(5) All
P 98.166(b)(6) All
Q 98.176(b) Only annual quantity taconite pellets, coke, iron, and raw steel (No CEMS). Q 98.176(e)(1) All Q 98.176(e)(3) All Q 98.176(e)(4) All Q 98.176(f) (1) All Q 98.176(f)(2) All Q 98.176(f)(3) All Q 98.176(f)(4) All Q 98.176(g) All
R 98.186(b)(6) All
R 98.186(b)(7) All54 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) S 98.196(b)(2) All
S 98.196(b)(3) All
S 98.196(b)(5) All S 98.196(b)(6) All
S 98.196(b)(8) All
S 98.196(b)(10) All
S 98.196( b)(11) All
S 98.196(b)(12) All
U 98.216(b) All
U 98.216(e)(1) All
U 98.216(e)(2) All
U 98.216(f)(1) All
U 98.216(f)(2) All
V 98.226(c) All
V 98.226(d) All
V 98.226(i) All
V 98.226(j) All
V 98.226(m)(1) All
V 98.226(m)(3) All
V 98.226(m)(4) All
V 98.226(m)(5) All
V 98.226(m)(6) All V 98.226(p) All W 98.236(c)(1)(i) All
W 98.236(c)(1)(ii) All
W 98.236(c)(1)(iii) All
W 98.236(c)(2)(i) All
W 98.236(c)(3)(i) All
W 98.236(c)(3)(ii) All
W 98.236(c)(3)(ii i ) All
W 98.236(c)(4)(i)(A) All
W 98 .236(c)(4)(i)(B) All
W 98.236(c)(4)(i)(C) All
W 98.236(c)(4)(i)(D) All55 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) W 98.236(c)(4)(i)(E) All
W 98.236(c)(4)(i)(F) All
W 98.236(c)(4)(i)(G) All
W 98.236(c)(4)(i)(H) All
W 98.236(c)(4)(ii)(A) All
W 98.236(c)(5)(iii) All
W 98.236(c)(5)(iv) All
W 98.236(c)(5)(v) All
W 98.236(c)(6)(i)(B) All
W 98.236(c)(6)(i)(D) All
W 98.236(c)(6)(i)(E) All
W 98.236(c)(6)(i)(F) All
W 98.236(c)(6)(ii)(A) All
W 98.236(c)(6)(ii)(B) All
W 98.236(c)(7)(i) All
W 98.236(c)(8)(i)(B) All
W 98.236(c)(8)(i)(C) All
W 98.236(c)(8)(i)(F) All
W 98.236(c)(8)(ii)(A) All
W 98.236(c)(8)(ii)(D) All
W 98.236(c)(8)(iii)(A) All
W 98.236(c)(8)(iii)(D) All
W 98.236(c)(8)(iii)(E) All
W 98.236(c)(10)(ii) All
W 98.236(c)(10)(iii) All W 98.236(c)(11)(ii) All
W 98.236(c)(12)(ii ) All
W 98.236(c)(12)(iii) All
W 98.236(c)(12)(v) All
W 98.236(c)(13)(i)(B) All
W 98.236(c)(13)(i)(E) All
W 98.236(c)(13)(i)(F) All
W 98.236(c)(13)(ii)(A) All56 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) W 98.236(c)(13)(ii)(B) All
W 98.236(c)(13)(iii)(A) All
W 98.236(c)(13)(iii)(B) All
W 98 .236(c)(13)(v)(A) All
W 98.236(c)(14)(i)(B) All
W 98.236(c)(14)(ii)(A) All
W 98.236(c)(14)(ii)(B) All
W 98.236(c)(14)(iii)(A) All
W 98.236(c)(14)(iii)(B) All
W 98.236(c)(14)( v )(A) All
W 98.236(c)(15)(i)(A) All
W 98.236(c)(15)(i)(B) All
W 98.236(c) (15)(ii) (A) All
W 98.236(c)(15)(ii) (B) All
W 98.236(c)(16)(i) All
W 98.236(c)(16)(ii) All
W 98.236(c)(16)(iii) All
W 98.236(c)(16)(iv) All
W 98.236(c)(16)(v) All
W 98.236(c)(16)(vi) All
W 98.236(c)(16)(vii) All
W 98.236(c)(16)(viii) All
W 98.236( c)(16)(ix) All
W 98.236(c)(16)(x) All
W 98.236(c)(16)(xi) All
W 98.236(c)(16)(xii) All
W 98.236(c)(16)(xiii) All
W 98.236(c)(16)(xiv) All
W 98.236(c)(17)(ii) All
W 98.236(c)(17)(iii) All
W 98.236(c)(17)(iv) All
W 98.236(c)(18)(i) All
W 98.236(c)( 18)(ii) All57 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) W 98.236(c)(19)(iv) All
W 98.236(c)(19)(vii) All
X 98.246(a)(4) Only monthly volume values, monthly mass values, monthly carbon content values, molecular weights for gaseous feedstocks, molecular weights for gaseous products , and indication of whether the alternative method in §98.243(c)(4) was used

. X 98.246(b)(5)(iii) All
X 98.246(b)(5)(iv) All
Y 98.256(e)(6) Only molar volume conversion factor for each flare.

Y 98.256(e)(7) Only molar volume conversion factor for each flare. Y 98.2 56(e)(7)(ii) All
Y 98.256(e)(9) Only annual volume of flare gas combusted, annual average higher heating value of the flare gas, volume of gas flared, average molecular weight, carbon content of the flare, and molar volume conversion factor if using Eq. Y

- 3. Y 98.256(e)(10) Only fraction of carbon in the flare gas contributed by methane. Y 98.256(f)(7) Only molar volume conversion factor. Y 98.256(f)(10) Only coke burn

- off factor, annual throughput of unit, and average carbon content of coke.58 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) Y 98.256( f)(11) Only units of measure for the unit

- specific CH 4 emission factor, activity data for calculating emissions, and unit

- specific emission factor for CH 4 . Y 98.256(f)(12) Only unit

- specific emission factor for N 2 O, units of measure for the unit

- specific N 2 O emission factor, and activity data for calculating emissions. Y 98.256(f)(13) Only average carbon content of coke.

Y 98.256(h)(4) All
Y 98.256(h)(5) Only value of the correction, annual volume of recycled tail gas ( if used to calculate recycling co rrection factor), and annual average mole fraction of carbon in the tail gas (if used to calculate recycling correction factor). Y 98.256(i)(5) Only annual mass of green coke fed, carbon content of green coke fed, annual mass of marketable coke produced, carbon content of marketable coke produced, and annual mass of coke dust removed from the process. Y 98.256(i)(7) Only the unit

- specific CH 4 emission factor, units of measure for unit

- specific CH 4 emission factor, and activity data for calculating emissi ons. Y 98.256(i)(8) Only units of measure for the unit

- specific factor, activity data used for calculating emissions, and site

- specific emissions factor. Y 98.256(j)(2) All59 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) Y 98.256(j)(5) Only CO 2 emission factor.

Y 98.256(j)(6) Only CH 4 emission facto r.
Y 98.256(j)(7) Only carbon emission factor.
Y 98.256(j)(8) Only CO 2 emission factor and carbon emission factor.

Y 98.256(j)(9) Only CH 4 emission factor.

Y 98.256(k)(3) Only dimensions of coke drum or vessel, typical gauge pressure of the coking dru m, typical void fraction of coke drum or vessel, annual number of coke

- cutting cycles of coke drum or vessel, and molar volume conversion factor for each coke drum or vessel. Y 98.256(k)(4) Only height and diameter of the coke drums, cumulative number of vessel openings for all delayed coking drums, typical venting pressure, void fraction, mole fraction of methane in coking gas. Y 98.256(l)(5) Only molar volume conversion factor. Y 98.256(m)(3) Only total quantity of crude oil plus the quantity of in termediate products received from off

- site, CH 4 emission factor used, and molar volume conversion factor.

Y 98.256(n)(3) All (if used in Equation Y

- 21 to calculate emissions from equipment leaks ). Y 98.256(o)(2)(ii) All
Y 98.256(o)(4)(ii) All

Y 98.256( o)(4)(iii) All
Y 98.256(o)(4)(iv) All60 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) Y 98.256(o)(4)(v) All

Y 98.256(o)(4)(vi) Only tank

- specific methane composition data and gas generation rate data. Y 98.256(o)( 6 ) Only q uantity of unstabilized crude oil received during the calendar year ; a verage pressure differential ; and Mole fraction of CH 4 in vent gas from the unstabilized crude oil storage tank

. Y 98.256(o)( 7 ) All

Y 98.256(p)(2) Only quantity of materials loaded that have an equilibrium vapor

- phase concentration of CH 4 of 0.5 volume percent or greater. Z 98.266(f)(5) All
Z 98.266(f)(6) All
AA 98.276(b) All
AA 98.276(c) Only annual mass of the spent liquor solids combusted. AA 98.276(d) All
AA 98.276(e) All
AA 98.276(f) All
AA 98.276(g) All
AA 98.276(h) All
AA 98.276(i) All
BB 98. 286(b)(1) All
BB 98.286(b)(4) All
BB 98.286(b)(6) All
CC 98.296(b)(5) Only monthly consumption of trona or liquid alkaline feedstock (for facilities using Equation CC

- 1).61 of 61

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements for W hich R eporting D ate is March 31, 2015 ( “A ll ” means all data elements in the cited paragraph are not required to be repo rted until March 31,

2015 ) CC 98.296(b)(6) Only monthly production of soda ash for each manufacturing line(f or facilities using Equation CC

2). CC 98.296(b)(7) All
CC 98.296(b)(10)(i) All
CC 98.296(b)(10)(ii) All
CC 98.296(b)(10)(iii) All
CC 98.296(b)(10)(iv) All
CC 98.296(b)(10)(v) All
CC 98.296(b)(10)(vi) All
EE 98.316(b)(6) All
EE 98.316(b)(9) All
G G 98.336(b)(6) All
GG 98.336(b)(7) All
GG 98.336(b)(10) All
II 98.356(d)(2) All (if conducting weekly sampling) II 98.356(d)(3) All (if conducting weekly sampling) II 98.356(d)(4) Only weekly average temperature (if conducting weekly sampling)

. II 9 8.356(d)(5) Only weekly average moisture content (if conducting weekly sampling)

. II 98.356(d)(6) Only weekly average pressure (if conducting weekly sampling)

. TT 98.466(c)(3)(i) All

TT 98.466(c)(3)(ii) Only waste disposal quantity and production quanti ty. TT 98.466(c)(3)(iii) All