6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2010-0929; FRL-]

RIN 2060-XXXX

Change to the Reporting Date for 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 emitter 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: This final rule is effective on [INSERT THE DATE 15 

DAYS AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL 

REGISTER]. 

ADDRESSES: EPA has established a docket under Docket ID 

No. EPA–HQ–OAR–2010-0929 for this action. All documents in 
Page 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 materials 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 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; e-mail address:

GHGReportingRule@epa.gov. For technical information and 

implementation materials, please go to the Greenhouse Gas 

Reporting Program website 
Page 3 of 61

http://www.epa.gov/climatechange/emissions/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: 
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Table 1. Examples of Affected Entities by Category

Category NAICS Examples of affected facilities

General 

Stationary 

Fuel 

Combustion 

Sources

Facilities operating boilers, 

process heaters, incinerators, 

turbines, and internal 

combustion engines.

321 Manufacturers of lumber and wood 

products.

322 Pulp and paper mills.

325 Chemical manufacturers.

324 Petroleum refineries and 

manufacturers of coal products.

316, 

326, 339

Manufacturers of rubber and 

miscellaneous plastic products.

331 Steel works, blast furnaces.

332 Electroplating, plating, 

polishing, anodizing, and 

coloring.

336 Manufacturers of motor vehicle 

parts and accessories.

221 Electric, gas, and sanitary 

services.

622 Health services.

611 Educational services.

325193 Ethyl alcohol manufacturing 

facilities.

311611 Meat processing facilities

311411 Frozen fruit, juice, and 

vegetable manufacturing 

facilities.

311421 Fruit and vegetable canning 

facilities.

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 manufacturing 

facilities.

Aluminum 

Production

331312 Primary aluminum production 

facilities

Ammonia 

Manufacturing

325311 Anhydrous and aqueous ammonia 

production facilities.

Cement 

Production

327310 Portland Cement manufacturing 

plants.
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Category NAICS Examples of affected facilities

Electronics 

Manufacturing

334111 Microcomputers manufacturing 

facilities.

334413 Semiconductor, photovoltaic 

(solid state) device 

manufacturing facilities.

334419 LCD unit screens manufacturing 

facilities.

MEMS manufacturing facilities

Ferroalloy 

Production

331112 Ferroalloys manufacturing 

facilities.

Fluorinated 

GHG Production

325120 Industrial gases manufacturing 

facilities.

Glass 

Production

327211 Flat glass manufacturing 

facilities.

327213 Glass container manufacturing 

facilities.

327212 Other pressed and blown glass 

and glassware manufacturing 

facilities.

HCFC-22 

Production and 

HFC-23 

Destruction

325120 Chlorodifluoromethane 

manufacturing facilities.

Hydrogen 

Production

325120 Hydrogen production facilities

Iron and Steel 

Production

331111 Integrated iron and steel mills, 

steel companies, sinter plants, 

blast furnaces, basic oxygen 

process furnace shops.

Lead 

Production

331419 Primary lead smelting and 

refining facilities.

331492 Secondary lead smelting and 

refining facilities.

Lime 

Production 

327410 Calcium oxide, calcium 

hydroxide, dolomitic hydrates 

manufacturing facilities.

Magnesium 

Production

331419 Primary lead smelting and 

refining facilities.

331492 Secondary lead smelting and 

refining facilities.

Municipal 

Solid Waste 

Landfills

562212 Solid waste landfills.

221320 Sewage treatment facilities.

Nitric Acid 

Production

325311 Nitric acid production 

facilities
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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 petroleum 

and natural gas.

211112 Natural gas liquid extraction 

facilities.

Petroleum 

Refineries

324110 Petroleum refineries.

Phosphoric 

Acid 

Production

325312 Phosphoric acid manufacturing 

facilities.

Pulp and Paper 

Manufacturing

322110 Pulp mills.

322121 Paper mills.

322130 Paperboard mills.

Silicon 

Carbide 

Production

327910 Silicon carbide abrasives 

manufacturing facilities.

Soda Ash 

Manufacturing

325181 Alkalies and chlorine 

manufacturing facilities.

212391 Soda ash, natural, mining and/or 

beneficiation.

Sulfur 

Hexafluoride 

(SF6) from 

Electrical 

Equipment

221121 Electric bulk power transmission 

and control facilities.

Titanium 

Dioxide 

Production

325188 Titanium dioxide manufacturing 

facilities.

Underground 

Coal Mines

212113 Underground anthracite coal 

mining operations.

212112 Underground bituminous coal 

mining operations.
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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 

Landfills

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 manufacturing 

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 

vegetable manufacturing 

facilities.

311421 Fruit and vegetable canning 

facilities.

325193 Ethanol manufacturing 

facilities.

CO2 Enhanced 

Recovery 

Projects

211 Oil and Gas Extraction Projects 

using CO2 Enhanced Recovery.

Geologic 

Sequestration 

Sites

CO2 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 

facilities that may be affected by the reporting 
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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 examine the applicability 

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

criteria in the subparts. If you have questions regarding 

the applicability of this action to a particular facility 

or supplier, consult the person listed in the preceding FOR 

FURTHER 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 Procedure Act (APA), 5 

U.S.C. Chapter 5, generally provides that rules may not 

take effect earlier than 30 days after they are published 

in the Federal Register. EPA is issuing this final rule 

under 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 section 553(d) in 

making this rule effective on [INSERT THE DATE 15 DAYS 
Page 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 part 98 by deferring 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, the purpose 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 before the final rule takes effect. Because 

this final rule defers a reporting deadline, it requires

little preparation or behavior adjustment. Where, as here, 

the final rule will be signed and made available on the EPA 

website more than 15 days before the effective date, that 

purpose is still met. 

Accordingly, EPA finds it appropriate, consistent with 

APA section 553(d)(1), to make this rule effective on 
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[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 AFTER 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 review. 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 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, 
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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 EPA to enforce these requirements.

Acronyms and Abbreviations. The following acronyms 

and abbreviations are used in this document.

APA Administrative Procedure Act

CAA Clean Air Act

CH4 methane

CFR Code of Federal Regulations

CBI confidential business information

CO2 carbon dioxide

EPA U.S. Environmental Protection Agency

FTC Federal Trade Commission

FR Federal Register

GHG greenhouse gas

HCFC-22 chlorodifluoromethane

HFC-23 trifluoromethane (or CHF3)

ICR Information Collection Request

LCD liquid crystal display

MEMS microelectricomechanical system

N2O nitrous oxide

NAICS North American Industry Classification System

NTTAA National Technology Transfer and Advancement Act 

of 1995

OMB Office of Management and Budget

RFA Regulatory Flexibility Act

SF6 sulfur hexafluoride 

UMRA Unfunded Mandates Reform Act of 1995
Page 12 of 61

U.S. United States

WWW Worldwide Web

TABLE 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 Order 12866: Regulatory Planning and Review 

and Executive Order 13563: Improving Regulation and 

Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions that Significantly 

Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations

K. Congressional Review Act

I. Background

A. How is this Preamble Organized?

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 to 
Page 13 of 61

significant comments. Finally, the fourth section 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 above 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 stated, 

“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 comments, 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 proposed 
Page 14 of 61

amending EPA‟s regulation for handling 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 to 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 subparts 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 

proposed 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 proposed 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 described 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 emission 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, 

2010 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 evaluation 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 rulemaking (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 

appropriate 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 affect 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 for 
Page 17 of 61

inputs to emission equations to August 31, 2011, to give 

EPA time to promulgate this deferral through notice and 

comment. (See Section 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 Equations under 

the Mandatory Reporting of Greenhouse Gases Rule” (75 FR 

81366, December 27, 2010; hereinafter referred to as the 

“call for information”), 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 publicly 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 reporting 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 proposal, 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 Obtained 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 Final CBI Rule”). 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 not 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 emission 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 deferring 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 notice.

In 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 inputs 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 

therefore proposed to defer the reporting of inputs to 
Page 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), concurrent 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 availability 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 additional 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 harm. 

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 docket, “Process for Evaluating and 
Page 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 

information as it had anticipated through the call for 

information, EPA is spending more time collecting 

information and identifying potential impacts and 

solutions. Furthermore, based on the comments received in 

response to the deferral proposal and the call 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 March 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 (as outlined in the docket 

memorandum). However, for the remaining inputs, due to the 
Page 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 reporting 

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 any other 

requirements of Part 98, including the requirement that 

these data elements be retained as records in a form that 

is suitable for expeditious inspection and review (required 

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

The results of our 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 are 
Page 23 of 61

clarifying the deferral regarding three data elements that 

are used as inputs to emission equations in some 

circumstances but not in others.

EPA received numerous public comments on the December 

27, 2010 deferral proposal, including some comments 

contending 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 calendar 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 (CH4) 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 the 

 

1This 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 

confidentiality determination to this data element.
Page 24 of 61

selected cover type (for facilities using a landfill 

gas collection 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 data 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: Fraction of each fluorinated GHG or N2O 

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: total 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 section 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

Subpart 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 23 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 CBI Rule, EPA assigned them to 

the appropriate categories and made final determinations 

regarding their confidentiality status in that rule. 

Consistent 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 stack 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 stack 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 carbon content of coke 

(40 CFR 98.256(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 as 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 N2O used at 

your facility 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 abatement 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 receiving 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 have 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, CH4, 

and carbon dioxide (CO2) (40 CFR 98.236(c)(8)(i)(I)).

Subpart W: Report emissions individually for 

Calculation 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: CH4 and CO2 emissions (refer to Equation 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 for 

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:

Subpart 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). Though listed in the 

deferral proposal as reporting requirements for subpart W, 

these two paragraphs are not in the final subpart W rule 

published 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 Gas 
Page 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 through 

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 publicly available and described

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 

competitors 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 State 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 Federal and State 
Page 30 of 61

permits, State 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 subparts 

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 described in Section 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 disagrees with the comments opposing deferral of 

any of the inputs. However, as explained in Section 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 

reporting mandate.
Page 31 of 61

Response: EPA disagrees with these comments. Title II 

of the 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 

Part 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. 

Comment: 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 comments from the FTC 

and from commenters that referenced those 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 equations 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, as 
Page 33 of 61

described in the December 27, 2010 deferral 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 

characteristics 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 during the deferral 

period.

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review 

and Executive Order 13563: Improving Regulation and 

Regulatory Review

This action is not a “significant regulatory action”

under the terms of Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not subject to review 
Page 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 

collection 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 approved 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 December 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. 3501 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 unless 

the agency certifies that the rule will not have a 
Page 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 the 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 impacts 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 requirements on small entities that 

are not currently required by Part 98.

EPA took several steps to reduce the impact of Part 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 as 
Page 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 governments 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 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.
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 Tribal 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 Part 98, and the rule amendments would not unfairly 

apply to small governments. Therefore, this action is not 

subject to the requirements of section 203 of the UMRA.

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, combusted or oxidized and facilities that 

directly emit greenhouses gases. They do not apply to 
Page 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 

meetings 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 Coordination 

with Indian Tribal Governments
Page 39 of 61

This action does not have Tribal 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 required 

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

this action.

Although Executive Order 13175 does not apply to this 

action, EPA consulted with Tribal officials in developing

Part 98. A summary of the concerns raised during that 

consultation and EPA‟s response to those concerns is 

provided in Section 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 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
Page 40 of 61

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, 

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. 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 EPA to provide Congress, through 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 voluntary 

consensus standards.

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations
Page 41 of 61

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. 

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 rule 

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

the Congress and to the Comptroller General of the United 
Page 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 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 [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, 

Chapter I, of the Code of Federal Regulations is amended as 

follows:

PART 98—[AMENDED]

1. The authority citation for part 98 continues to 

read as follows:

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

Subpart A—[Amended]

2. Section 98.3 is amended by revising paragraph 

(c)(4)(vii) to read as follows:

§98.3 What are the general monitoring, reporting, 

recordkeeping, and verification requirements of this part?

* * * * *

(c) * * * 

(4) * * * 

(vii) The owner or operator of a facility is not 

required to report the data elements specified in Table A-6 

to this subpart for calendar years 2010 through 2011 until 

March 31, 2013. The owner or operator of a facility is not 

required to report the data elements specified in Table A-7 

to this subpart for calendar years 2010 through 2013 until 

March 31, 2015.

* * * * *
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 Data Elements for 

Which Reporting Date is March 

31, 2013 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2013)

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 Data Elements for 

Which Reporting Date is March 

31, 2013 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2013)

FF 98.326(g) Only quarterly CH4

concentration.

FF 98.326(h) Only weekly volumetric flow 

used to calculate CH4 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 

the 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 fraction of DOC 

dissimilated (DOCF) values.

HH 98.346(d)(2) All

HH 98.346(e) Only fraction of CH4 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 Data Elements for 

Which Reporting Date is March 

31, 2013 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2013)

HH 98.346(g) All

HH 98.346(i)(5) Only annual operating hours 

for the primary destruction 

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 specified in 

Table HH-3, estimated gas 

collection system efficiency, 

and annual operating hours of 

the gas collection system. 

HH 98.346(i)(9) Only CH4 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) All
48 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2013 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2013)

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 year the landfill 

accepted waste (for closed 

landfills using Equation TT-4)

TT 98.466(a)(4) Only capacity of the landfill 

in metric tons (for closed 

landfills using Equation TT-4)

TT 98.466(c)(1) All

TT 98.466(c)(4)(i) All

TT 98.466(c)(4)(ii) All

TT 98.466(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 Data Elements for 

Which Reporting Date is March 

31, 2013 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2013)

TT 98.466(e)(2) Only surface area (in square 

meters) at the start of the 

reporting year for the 

landfill sections that contain 

waste and that are associated 

with the selected cover type 

(for facilities using a 

landfill gas collection 

system)

TT 98.466(f) All

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

Inputs to Emission Equations and for Which the Reporting 

Deadline is March 31, 2015

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

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) All
50 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

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-specific 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) All
51 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

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 98.96(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 98.116(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) All
52 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

L 98.126(b)(6) Only mass of each fluorinecontaining reactant fed into 

the process.

L 98.126(b)(8)(i) Only mass of each fluorinecontaining product that is 

removed from the process and 

fed into the destruction 

device.

L 98.126(b)(8)(ii) Only mass of each fluorinecontaining by-product that is 

removed from the process and 

fed into the destruction 

device.

L 98.126(b)(8)(iii) Only mass of each fluorinecontaining reactant that is 

removed from the process and 

fed into the destruction 

device.

L 98.126(b)(8)(iv) Only mass of each fluorinecontaining by-product that is 

removed from the process 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 

emissions.

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) All
53 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

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) All
54 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

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)(iii) All

W 98.236(c)(4)(i)(A) All

W 98.236(c)(4)(i)(B) All

W 98.236(c)(4)(i)(C) All

W 98.236(c)(4)(i)(D) All
55 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

W 98.236(c)(4)(i)(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) All
56 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

W 98.236(c)(13)(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) All
57 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

W 98.236(c)(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 98.256(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 Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

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

unit-specific CH4 emission 

factor, activity data for 

calculating emissions, and 

unit-specific emission factor 

for CH4.

Y 98.256(f)(12) Only unit-specific emission 

factor for N2O, units of 

measure for the unit-specific 

N2O 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 correction 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 CH4

emission factor, units of 

measure for unit-specific CH4

emission factor, and activity 

data for calculating 

emissions.

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) All
59 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

Y 98.256(j)(5) Only CO2 emission factor.

Y 98.256(j)(6) Only CH4 emission factor.

Y 98.256(j)(7) Only carbon emission factor.

Y 98.256(j)(8) Only CO2 emission factor and 

carbon emission factor.

Y 98.256(j)(9) Only CH4 emission factor.

Y 98.256(k)(3) Only dimensions of coke drum 

or vessel, typical gauge 

pressure of the coking drum, 

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 

intermediate products received 

from off-site, CH4 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) All
60 of 61

Subpart

Rule Citation (40 CFR 

part 98)

Specific Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

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 quantity of unstabilized 

crude oil received during the 

calendar year; average

pressure differential; and 

Mole fraction of CH4 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 CH4 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 Data Elements for 

Which Reporting Date is March 

31, 2015 (“All” means all data 

elements in the cited 

paragraph are not required to 

be reported until March 31, 

2015)

CC 98.296(b)(6) Only monthly production of 

soda ash for each 

manufacturing line(for 

facilities using Equation CC2).

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

GG 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 98.356(d)(5) Only weekly average moisture 

content (if conducting weekly 

sampling).

II 98.356(d)(6) Only weekly average pressure

(if conducting weekly 

sampling).

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

TT 98.466(c)(3)(ii) Only waste disposal quantity 

and production quantity.

TT 98.466(c)(3)(iii) All