6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL- ]

RIN 2060-AQ70

Proposed Confidentiality Determinations for 8 Subparts and 

Proposed Amendments to Table A-6 in Subpart A under the 

Mandatory Reporting of Greenhouse Gases Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposal.

SUMMARY: This action re-proposes confidentiality 

determinations for the data elements in subparts L, DD, QQ, 

RR, SS, and UU under the Mandatory Greenhouse Gas Reporting 

Rule. On July 7, 2010, EPA proposed confidentiality 

determinations for the data elements in the proposed six

subparts and is issuing this re-proposal today due to 

significant changes to certain data elements in the final 

subparts. The confidentiality determination re-proposal 

for these six subparts takes into account the amendments to 

these subparts in the November 29, 2011 final rule “2011 

Technical Corrections, Clarifying and Other Amendments to 

Certain Provisions of the Mandatory Greenhouse Gas 

Reporting Rule.” In addition, EPA is proposing 

confidentiality determinations for seven new data elements 

that are not inputs to equations, added to subparts II and 

TT in the November 29, 2011 final rule. EPA is also 
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proposing to categorize three data elements added to 

subparts FF and TT as inputs to emission equations and to 

defer their reporting deadline to March 31, 2013. To 

accommodate this, EPA is proposing to amend Table A-6 in 

subpart A. Finally, EPA is proposing to re-numerate 

section references in Table A-6 as finalized in the 

November 29, 2011 final rule.

DATES: Comments. Comments must be received on or before 

[INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF 

THIS PROPOSED RULE IN THE FEDERAL REGISTER]. 

Public Hearing. EPA does not plan to conduct a public 

hearing unless requested. To request a hearing, please 

contact the person listed in the FOR FURTHER INFORMATION 

CONTACT section by [INSERT THE DATE 7 DAYS AFTER THE DATE 

OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL 

REGISTER]. Upon such request, EPA will hold the hearing on 

[INSERT THE DATE 15 DAYS AFTER THE DATE OF PUBLICATION OF 

THIS PROPOSED RULE IN THE FEDERAL REGISTER] in the 

Washington, DC area starting at 9 a.m., local time. EPA 

will publish further information about the hearing in the 

Federal Register if a hearing is requested.

ADDRESSES: Submit your comments, identified by Docket ID 

No. EPA–HQ–OAR–2011-0028, by one of the following methods:
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• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the online 

instructions for submitting comments.

• E-mail: GHGReportingCBI@epa.gov

• Fax: (202) 566–1741.

• Mail: Environmental Protection Agency, EPA Docket 

Center (EPA/DC), Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2011-0028, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460.

• Hand Delivery: EPA Docket Center, Public Reading Room, 

EPA West Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s normal hours of 

operation, and special arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to Docket ID No. 

EPA–HQ–OAR–2011-0028. EPA’s policy is that all comments 

received will be included in the public docket without 

change and may be made available online at 

http://www.regulations.gov, including any personal 

information provided, unless the comment includes 

information claimed to be confidential business information 

(CBI) or other information whose disclosure is restricted 

by statute. 

Do not submit information that you consider to be CBI 

or otherwise protected through http://www.regulations.gov

or e-mail. Send or deliver information identified as CBI 

to only the mail or hand/courier delivery address listed 

above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. The 

http://www.regulations.gov website is an “anonymous access” 
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system, which means EPA will not know your identity or 

contact information unless you provide it in the body of 

your comment. If you send an e-mail comment directly to 

EPA without going through http://www.regulations.gov your 

e-mail address will be automatically captured and included 

as part of the comment that is placed in the public docket 

and made available on the Internet. If you submit an 

electronic comment, EPA recommends that you include your 

name and other contact information in the body of your 

comment and with any disk or CD–ROM you submit. If EPA 

cannot read your comment due to technical difficulties and 

cannot contact you for clarification, EPA may not be able 

to consider your comment. Electronic files should avoid 

the use of special characters, any form of encryption, and 

be free of any defects or viruses.

Docket: All documents in the docket are listed in the 

http://www.regulations.gov index. Although listed in the 

index, some information is not publicly available, e.g., 

CBI or other information whose disclosure is restricted by 

statute. Certain other material, such as copyrighted 

material, will be publicly available only in hard copy. 

Publicly available docket materials are available either 

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

copy at the Air Docket, EPA/DC, EPA West, Room B102, 1301 
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Constitution Ave., NW., Washington, DC. This Docket 

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

through Friday, excluding legal holidays. The telephone 

number for the Public Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket is (202) 566–1742.

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, 

Climate Change Division, Office of Atmospheric Programs 

(MC–6207J), Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: (202) 343–2342; e-mail 

address: GHGreporting@epa.gov. For technical information, 

contact the Greenhouse Gas Reporting Rule Hotline at: 

http://www.epa.gov/climatechange/emissions/ghgrule_contactu

s.htm. Alternatively, contact Carole Cook at 202–343–9263.

Worldwide Web (WWW). In addition to being available 

in the docket, an electronic copy of this proposal, 

memoranda to the docket, and all other related information 

will also be available through the WWW on EPA’s greenhouse 

gas reporting rule website at 

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

ml.

SUPPLEMENTARY INFORMATION:

Acronyms and Abbreviations. The following acronyms 

and abbreviations are used in this document.
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BAMM Best Available Monitoring Methods

CAA Clean Air Act

CEMS continuous emission monitoring system

CO2 carbon dioxide 

CBI confidential business information

CEMS Continuous Emission Monitoring System 

CFR Code of Federal Regulations

EIA Energy Information Administration

EOR enhanced oil recovery

EPA U.S. Environmental Protection Agency

F-GHG fluorinated greenhouse gas

GHG greenhouse gas

ICR Information Collection Request

LDC local natural gas distribution company

LNG liquefied natural gas

MMBtu million Btu

MMscfd million standard cubic feet per day

MRV monitoring, reporting, and verification

NESHAP national emission standards for hazardous air 

pollutants

N2O nitrous oxide

NTTAA National Technology Transfer and Advancement Act of 

1995

OMB Office of Management & Budget

PFC perfluorocarbon

R&D research and development

RFA Regulatory Flexibility Act

SF6 sulfur hexafluoride

UIC Underground Injection Control

UMRA Unfunded Mandates Reform Act of 1995

U.S. United States

WWW Worldwide Web
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Organization of This Document. The following outline 

is provided to aid in locating information in this 

preamble.

I. General Information

A. What is the purpose of this action?

B. Does this action apply to me?

C. What should I consider as I prepare my comments to EPA?

II. Background and General Rationale

A. Background

B. Background on data elements in the “inputs to emission 

equations” data category

C. What is the rationale for re-proposing the CBI 

determinations for six subparts?

D. How does the Technical Revisions Final Rule affect this 

action?

III. Re-Proposal of CBI Determinations for Six Subparts

A. Overview

B. Direct Emitter Data Categories

C. GHG Supplier Data Categories

D. Commenting on the Proposed Confidentiality 

Determinations and Data Category Assignments

IV. Proposal of CBI determinations for New Data Elements 

in Subparts II and TT

V. Deferral of Inputs to Emission Equations for Subparts 

FF and TT and Amendment to Table A-6

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review 

and Executive Order 13563: Improving Regulation and 

Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions that Significantly 

Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act
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J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and LowIncome Populations

I. General Information

A. What is the purpose of this action?

This action has three purposes. First, EPA is reproposing confidentiality determinations for the data 

elements in six subparts (L, DD, QQ, RR, SS, and UU) of 40 

CFR part 98 of the Mandatory Greenhouse Gases Reporting 

rule (hereafter referred to as “Part 98”). EPA proposed 

confidentiality determinations for data elements contained 

in the proposed subparts L, DD, QQ, RR, and SS in the July 

7, 2010 proposed CBI determination notice (75 FR 39094; 

hereinafter referred to as the “July 7, 2010 CBI 

proposal”). These subparts were finalized in December of 

2010 as part of two separate amendments to Part 98. As 

explained in more detail in Section II.C of this preamble, 

many data elements were added or significantly changed 

since proposal, and portions of proposed subpart RR were 

split off to create a new subpart UU. Additionally, on 

November 29, 2011, EPA finalized amendments to subpart RR. 

See “2011 Technical Corrections, Clarifying and Other 

Amendments to Certain Provisions of The Mandatory Reporting 

of Greenhouse Gases Rule” (76 FR 73886; hereinafter 

referred to as the “Technical Corrections final rule”). In 
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light of the above, we are re-proposing for public comment 

the confidentiality determinations for the data elements in 

these six subparts to reflect the data elements in the 

final six subparts and the new and revised data elements in 

subpart RR in the Technical Corrections final rule. 

On May 26, 2011, EPA published the final CBI 

determinations for 35 Part 98 subparts in “Confidentiality 

Determinations for Data Required Under the Mandatory 

Greenhouse Gas Reporting Rule and Amendments to Special 

Rules Governing Certain Information Obtained Under the 

Clean Air Act” (76 FR 30782; hereinafter referred to as the 

“Final CBI Rule”). In that rule, we created 22 data 

categories (11 for direct emitters of greenhouse gases 

(GHGs) and 11 for suppliers of GHGs and products containing 

GHGs) and assigned data elements in the 35 subparts to 

appropriate data categories. In today’s action, we 

similarly propose to assign the data elements in the six 

subparts into the appropriate data categories created in 

the Final CBI Rule. For a list of the data categories, see 

Section III.A of this preamble. This notice covers all of 

the data elements from the six subparts except for those 

that are in the “Inputs to Emission Equations” data 

category. The covered data elements and their proposed 

category assignments are listed by data category in the 
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Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.” 

This memorandum reflects the proposed revisions in the 

Technical Corrections final rule.

As in the Final CBI Rule, this proposal does not 

address data elements from the six subparts in the “Inputs 

to Emission Equations” data category. Those data elements 

were identified in “Change to the Reporting Date for 

Certain Data Elements Required Under the Mandatory 

Reporting of Greenhouse Gases Rule,” published on August 

25, 2011 (76 FR 53057; hereinafter referred to as the 

“Final Deferral”). In that action, EPA deferred the 

deadline for direct emitter reporters to report “Inputs to 

Emission Equations” data elements. EPA deferred the 

deadline for reporting some of these data elements to March 

31, 2013, and the deadline for reporting others to March 

31, 2015. For easy reference, we have placed a list of the 

data elements in these six subparts that are assigned to 

the “Inputs to Emission Equations” data category in the 

docket for today’s action (“Docket EPA-HQ-OAR-2011-0028 

Memo B”).

The second purpose of this action is to propose 

confidentiality determinations for new data elements (that 

are not inputs to equations) added to subparts II and TT in 
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the Technical Corrections final rule (76 FR 73886). 

Subparts II and TT were originally finalized in July of 

2010. Confidentiality determinations for the finalized 

data elements in these two subparts were included in the 

Final CBI Rule; however, in the Technical Corrections final 

rule that was issued after the Final CBI Rule, certain 

existing data elements were revised and certain new data 

elements were added. As discussed in Section I.D of this 

preamble, the revisions do not change the information to be 

reported and therefore do not affect the final 

confidentiality determinations for those data elements. 

However, the Final CBI Rule does not address the new data 

elements for these two subparts. Therefore, we are 

proposing confidentiality determinations in this action for 

the new subpart II and TT data elements added in the 

Technical Corrections final rule. The new subpart II and 

TT data elements and their proposed category assignments 

are listed by data category in Section IV of this preamble. 

The third purpose of this action is to propose 

amendments to Table A-6 to subpart A of Part 98 to reflect 

amendments in the Technical Corrections final rule (76 FR 

73886). In the Technical Corrections final rule, three new 

equation inputs are added to subparts FF and TT. In this 

action, EPA is proposing to defer the reporting deadline 
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for these three equation inputs to March 31, 2013. As with 

other equation inputs, EPA is in the process of evaluating 

the sensitivity of these three equation inputs, and we 

believe that we can complete our evaluation before March 

31, 2013, the current reporting deadline for the equation 

inputs listed in Table A-6 of Subpart A. EPA is therefore 

proposing to add these inputs to Table A-6 to require their 

reporting by March 31, 2013. Additionally, in the 

Technical Corrections final rule, certain existing equation 

inputs were revised, including three subpart TT equation 

inputs for which the section references were re-numbered. 

As discussed further in Section I.D of this preamble, the 

revisions to the equation inputs are technical or editorial 

in nature and do not affect the information to be 

collected. However, Table A-6 does not currently account 

for the re-numerations. Therefore, we are proposing to 

revise section references to the three subpart TT inputs to 

equations in Table A-6 as finalized in the Technical 

Corrections final rule. 

B. Does this action apply to me?

This proposal affects entities required to submit 

annual GHG reports under certain subparts of Part 98. The 

Administrator determined that this action is subject to the 

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

apply to “such other actions as the Administrator may 

determine”). Part 98 and this action affect owners and 

operators of fluorinated gas production facilities, 

electric power systems, electrical equipment manufacturing 

facilities, carbon dioxide (CO2) enhanced oil and gas 

recovery projects, acid gas injection projects, geologic 

sequestration projects, importers and exporters of precharged equipment and closed-cell foams, industrial 

wastewater treatment facilities, underground coal mines, 

and industrial waste landfills. Affected categories and 

entities include those listed in Table 1 of this preamble.

Table 1. Examples of Affected Entities by Category

Category NAICS Examples of affected facilities

Fluorinated 

Gas Production 

325120 Industrial gases manufacturing 

facilities. 

Electrical 

Equipment Use 

221121 Electric bulk power 

transmission and control 

facilities. 

Electrical 

Equipment 

Manufacture or 

Refurbishment 

33531 Power transmission and 

distribution switchgear and 

specialty transformers 

manufacturing facilities. 

Importers and 

Exporters of 

Pre-charged 

Equipment and 

Closed-Cell 

Foams 

423730 Air-conditioning equipment 

(except room units) merchant 

wholesalers. 

333415 Air-conditioning equipment 

(except motor vehicle) 

manufacturing. 

336391 Motor vehicle air-conditioning 

manufacturing.

423620 Air-conditioners, room, 

merchant wholesalers. 

443111 Household appliance stores.
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Category NAICS Examples of affected facilities

423730 Automotive air-conditioners 

merchant wholesalers. 

326150 Polyurethane foam products 

manufacturing.

335313 Circuit breakers, power, 

manufacturing. 

423610 Circuit breakers merchant 

wholesalers. 

CO2 Enhanced 

Oil and Gas 

Recovery 

Projects

211 Oil and gas extraction projects 

using CO2 enhanced recovery.

Acid Gas 

Injection 

Projects

211111 

or 

211112

Projects that inject acid gas 

containing CO2 underground.

Geologic 

Sequestration 

Projects

N/A CO2 geologic sequestration 

projects.

Underground 

Coal Mines

212113 Underground anthracite coal 

mining operations.

212112 Underground bituminous coal 

mining operations.

Industrial 

Wastewater 

Treatment

322110 Pulp mills.

322121 Paper mills.

322122 Newsprint mills.

322130 Paperboard mills.

311611 Meat processing facilities.

311411 Frozen fruit, juice, and 

vegetable manufacturing 

facilities.

311421 Fruit and vegetable canning 

facilities.

325193 Ethanol manufacturing 

facilities.

324110 Petroleum refineries.

Industrial 

Waste 

Landfills

562212 Solid waste landfills.

322110 Pulp mills.

322121 Paper mills.

322122 Newsprint mills.

322130 Paperboard mills.

311611 Meat processing facilities.

311411 Frozen fruit, juice, and 

vegetable manufacturing 

facilities.
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Category NAICS Examples of affected facilities

311421 Fruit and vegetable canning 

facilities.

221320 Sewage treatment facilities.

Table 1 of this preamble lists the types of entities 

that potentially could be affected by the reporting 

requirements under the nine subparts covered by this 

proposal. However, this list is not intended to be 

exhaustive, but rather provides a guide for readers 

regarding facilities and suppliers likely to be affected by 

this action. Other types of facilities and suppliers not 

listed in the table could also be subject to reporting 

requirements. To determine whether you are affected by 

this action, you should carefully examine the applicability 

criteria found in 40 CFR part 98, subpart A as well as 40 

CFR part 98 subparts L, DD, FF, II, QQ, RR, SS, TT, and UU. 

If you have questions regarding the applicability of this 

action to a particular facility, consult the person listed 

in the FOR FURTHER INFORMATION CONTACT section of this 

preamble.

C. What should I consider as I prepare my comments to EPA?

1. Submitting CBI. 

Clearly mark the part or all of the information that 

you claim to be CBI. For CBI information in a disk or CD 

ROM that you mail to EPA, mark the outside of the disk or 
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CD ROM as CBI and then identify electronically within the 

disk or CD ROM the specific information that is claimed as 

CBI. In addition to one complete version of the comment 

that includes information claimed as CBI, a copy of the 

comment that does not contain the information claimed as 

CBI must be submitted for inclusion in the public docket. 

Information marked as CBI will not be disclosed except in 

accordance with procedures set forth in 40 CFR part 2.

Do not submit information that you consider to be CBI 

or otherwise protected through http://www.regulations.gov

or e-mail. Send or deliver information identified as CBI 

to only the mail or hand/courier delivery address listed 

above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. 

If you have any questions about CBI or the procedures 

for claiming CBI, please consult the person identified in 

the “FOR FURTHER INFORMATION CONTACT” section.

2. Tips for Preparing Your Comments

When submitting comments, remember to:

Identify the rulemaking by docket number and other 

identifying information (e.g., subject heading, Federal 

Register date and page number).

Follow directions. EPA may ask you to respond to 

specific questions or organize comments by referencing a 

CFR part or section number.
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Explain why you agree or disagree, and suggest 

alternatives and substitute language for your requested 

changes.

Describe any assumptions and provide any technical 

information and/or data that you used.

If you estimate potential costs or burdens, explain 

how you arrived at your estimate in sufficient detail to 

allow us to reproduce your estimate.

Provide specific examples to illustrate your concerns 

and suggest alternatives.

Explain your views as clearly as possible, avoiding 

the use of profanity or personal threats.

Make sure to submit your information and comments by 

the comment period deadline identified in the preceding 

section titled DATES. To ensure proper receipt by EPA, be 

sure to identify the docket ID number assigned to this 

action in the subject line on the first page of your 

response. You may also provide the name, date, and Federal 

Register citation.

To expedite review of your comments by Agency staff, 

you are encouraged to send a separate copy of your 

comments, in addition to the copy you submit to the 

official docket, to Carole Cook, U.S. EPA, Office of 

Atmospheric Programs, Climate Change Division, Mail Code 
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6207-J, Washington, DC, 20460, telephone (202) 343–9263, email GHGReportingCBI@epa.gov. You are also encouraged to 

send a separate copy of your CBI information to Carole Cook 

at the provided mailing address in the FOR FURTHER 

INFORMATION CONTACT section. Please do not send CBI to the 

electronic docket or by email.

II. Background and General Rationale

A. Background 

On October 30, 2009, EPA published the Mandatory GHG 

Reporting Rule for collecting information regarding GHGs 

from a broad range of industry sectors (74 FR 56260). 

Under Part 98 and its subsequent amendments, certain 

facilities and suppliers above specified thresholds are

required to report GHG information to EPA annually. For 

facilities, this includes those that directly emit GHGs 

(“direct emitters”) and those that geologically sequester 

or otherwise inject CO2 underground. For suppliers, this 

includes those that supply certain products that would 

result in GHG emissions if released, combusted, or oxidized 

(“suppliers”). The data to be reported consist of GHG 

emission and supply information as well as other data, 

including information necessary to characterize, quantify, 

and verify the reported emissions and supplied quantities. 

In the preamble to Part 98, we stated, “Through a notice 
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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, (75 FR 39094) EPA proposed

confidentiality determinations for Part 98 data elements 

and proposed amending EPA’s regulation for handling CBI to 

add specific procedures for the treatment of Part 98 data. 

The July 7, 2010 CBI proposal proposed confidentiality

status determinations for the data elements for 31 subparts 

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 Part 98 subparts finalized in October 2009. These 

changes were proposed in two separate rulemakings (see 75 

FR 18455, April 12, 2010; and 75 FR 33950, June 15, 2010).
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On August 11, 2010, EPA published another proposed 

amendment to Part 98 to change the description of some 

reported data elements and require reporting of some new 

data elements for some of the Part 98 subparts finalized in 

October 2009 (75 FR 48744; hereinafter referred to as the 

“August 11, 2010 revisions proposal”). EPA issued a 

supplemental CBI proposal that proposed confidentiality 

determinations for the new and revised data elements 

included in the August 11, 2010 revisions notice (75 FR 

43889, July 27, 2010; hereinafter referred to as the “July 

27, 2010 supplemental CBI proposal”).

On May 26, 2011, EPA published the Final CBI Rule for 

the data elements in 35 Part 98 subparts that were covered 

in the July 2010 proposals, except for those data elements 

in the “Inputs to Emission Equations” data category. In 

that final rule, EPA created 22 data categories (11 for 

direct emitters and 11 for suppliers) and assigned data 

elements in the 35 subparts to appropriate data categories. 

For 16 data categories (eight direct emitter data

categories and eight supplier data categories), EPA issued 

a category-based final CBI determination for all data 

elements within the category. For another five data 

categories (two direct emitter data categories and three 

supplier data categories), EPA determined that they are not 
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“emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG 

emissions to be reported under Part 98. However, for the 

reasons explained in the preamble to that rule, EPA did not 

make categorical CBI determination for these five data 

categories but instead evaluated and determined for 

individual data elements in these data categories whether 

they qualify as CBI. As a result, each of these five 

categories contains both data elements determined to be CBI 

and those determined not to be CBI. As explained in more 

detail in Section II.B of this preamble, we did not take 

final action with respect to the data elements in the 

remaining one of the 22 data categories addressed in that 

rule: the “Inputs to Emission Equations” data category. 

In the May 26, 2011 Final CBI Rule, EPA did not 

finalize confidentiality determinations for the data 

elements in five subparts that had been proposed or reproposed at the time of the July 7, 2010 CBI proposal 

(subparts L, DD, QQ, RR, and SS). EPA finalized those five 

subparts and subpart UU1 in two separate actions. On 

December 1, 2010, we finalized subparts L, DD, QQ, and SS 

 

1 EPA initially proposed subparts RR and UU as a single subpart (subpart 

RR); however, as a result of public comments on subpart RR, EPA moved 

all definitions, requirements, and procedures for facilities conducting 

only CO2 injection (without geologic sequestration) into a new subpart 

(subpart UU). Subpart RR retained all definitions, requirements, and 

procedures related to facilities conducting geologic sequestration.
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(75 FR 74774), and subparts RR and UU (75 FR 75060). As 

explained in Section II.D of this preamble, on November 29, 

2011, we published the Technical Corrections final rule 

that included, among other things, revisions to some 

subpart RR data elements (76 FR 73886). 

The six affected subparts are as follows:

• Subpart L, Fluorinated Gas Production

• Subpart DD, Electrical Transmission and Distribution 

Equipment Use

• Subpart QQ, Importers and Exporters of Fluorinated 

Greenhouse Gases Contained in Pre-charged Equipment or 

Closed-cell Foams

• Subpart RR, Geologic Sequestration of Carbon Dioxide

• Subpart SS, Electrical Equipment Manufacture or 

Refurbishment

• Subpart UU, Injection of Carbon Dioxide.

As explained in more detail in Section II.C of this 

preamble, EPA is re-proposing confidentiality 

determinations for the data elements in these six subparts.

The Technical Corrections final rule also contains 

technical corrections, clarifying and other amendments for 

four additional subparts that were covered by the Final CBI 

Rule and the Final Deferral. As explained in more detail 

in Section II.D of this preamble, the revisions to the 

existing data elements in these subparts that are not 

inputs to emission equations do not change the information 
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to be collected and therefore do not affect the 

confidentiality determinations made in the Final CBI Rule. 

However, the Technical Corrections final rule also added 

new data elements that are not inputs to emission equations 

for subparts II and TT. EPA is proposing confidentiality 

determinations in this action for these new data elements. 

As further explained in Section II.D of this preamble,

the revisions to the existing data elements in these 

subparts that are inputs to emission equations do not 

change the information to be collected and therefore 

generally do not affect Tables A-6 and A-7 to subpart A of 

Part 98, which were finalized in the Final Deferral to 

defer the reporting deadline for inputs to emission 

equations to March 31, 2013, and March 31, 2015, 

respectively. The one exception is that certain revisions 

in the Technical Corrections final rule do re-numerate some 

subpart TT inputs, so EPA is proposing to amend Table A-6 

in this action to reflect this re-numeration. The 

Technical Corrections final rule also added new data 

elements that are inputs to emission equations for subparts 

FF and TT. EPA is proposing to defer the reporting 

deadline for these subpart FF and TT inputs to March 31, 

2013. To accomplish this, EPA is proposing to amend Table 

A-6.
Page 24 of 97

The three affected subparts are as follows: 

• Subpart FF, Underground Coal Mines.

• Subpart II, Industrial Wastewater Treatment.

• Subpart TT, Industrial Waste Landfills.

B. Background on data elements in the “inputs to emission 

equations” data category

EPA received numerous public comments on the July 7, 

2010 CBI proposal and the July 27, 2010 supplemental CBI 

proposal. In particular, EPA received comments that raised

serious concerns regarding the public availability of data

in the “Inputs to Emission Equations” category. In light 

of some of the comments on inputs to emission equations, 

EPA took three concurrent actions, which are as follows: 

• Call for Information: Information on Inputs to 

Emission Equations under the Mandatory Reporting of 

Greenhouse Gases Rule, 75 FR 81366 (December 27, 

2010).

• Change to the Reporting Date for Certain Data Elements 

Required Under the Mandatory Reporting of Greenhouse 

Gases Rule; Proposed Rule, 75 FR 81350 (December 27, 

2010) (“proposed deferral”).

• Interim Final Regulation Deferring the Reporting Date 

for Certain Data Elements Required Under the Mandatory 

Reporting of Greenhouse Gases Rule, 75 FR 81338 

(December 27, 2010) (“interim final rule”).

As explained in the proposed deferral notice, EPA has 

determined that some of the comments on inputs to emission 

equations “warrant in-depth evaluation of the potential 

impact from the release of inputs to emission equations, as 
Page 25 of 97

well as collection and review of additional information, 

that cannot be completed before the March 31, 2011 

reporting deadline” (75 FR 81350, 81353). We therefore 

issued the proposed deferral to defer the reporting 

deadline for data elements that are inputs to emission 

equations. Because EPA needed time to complete the 

deferral rulemaking, EPA concurrently issued the interim 

final rule to defer reporting of inputs to emission 

equations to August 31, 2011.2 EPA also concurrently issued 

the call for information to collect additional information 

that will assist EPA with the evaluation described above. 

Please see the December 27, 2010 notices for these three 

actions for further details on these actions.

On August 25, 2011, EPA published the Final Deferral 

(“Change to the Reporting Date for Certain Data Elements 

Required Under the Mandatory Reporting of Greenhouse Gases 

Rule”; 76 FR 53057). In that action, EPA deferred the 

deadline for direct emitter reporters to report “Inputs to 

Emission Equations” data elements. EPA deferred the 

deadline for reporting some of these data elements to March 

31, 2013, and others to March 31, 2015. Data elements with 

the March 31, 2013, reporting deadline are identified in 

 

2 The reporting deadline for year 2010 data required under the Mandatory

Reporting of Greenhouse Gases Rule has since been extended to September 

30, 2011. See 76 FR 14812 (March 18, 2011).
Page 26 of 97

Table A-6 to subpart A and those with the March 31, 2015,

reporting deadline are identified in Table A-7 to subpart 

A. 

As explained further in Section II.D of this preamble, 

the tables in the Final Deferral do not reflect the changes 

or additions to inputs to equations in the Technical 

Corrections final rule. EPA is therefore proposing to 

amend Table A-6 to require reporting of the new inputs by 

March 31, 2013, and to re-numerate certain section 

references as finalized in the Technical Corrections final 

rule.

C. What is the rationale for re-proposing the CBI 

determinations for six subparts?

EPA included the data elements in the proposed 

subparts L, DD, QQ, RR, and SS in the July 7, 2010 CBI 

proposal because EPA did not anticipate any significant 

change to these data elements when finalizing these 

subparts. However, EPA received comments on these proposed 

subparts recommending significant changes to some of the 

data elements in these subparts. In addition, EPA received 

numerous comments on the July 7, 2010 CBI proposal 

requesting another opportunity to comment on the final set 

of data elements in these six subparts after their 

promulgation. After the subparts were promulgated, EPA 
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evaluated the changes made between proposal and 

promulgation. It was clear that there were significant 

changes to the data elements in these subparts since 

proposal. There were changes in the types of data to be 

submitted, and new data elements were added. The changes 

also included definition changes and clarifications as well 

as technical changes that affected many of the data 

reporting categories and data elements. Further, we split 

off portions of the proposed subpart RR and created a new 

subpart UU. Given these significant changes, EPA agreed 

that an opportunity to comment on the confidentiality of 

data elements in these final six subparts is warranted. 

EPA is therefore re-proposing the confidentiality 

determinations for the data elements in the final six 

subparts. 

Because this is a re-proposal, EPA is not responding 

to previous comments submitted on the July 7, 2010 CBI 

proposal relative to the data elements in these subparts. 

Although EPA considered those comments when developing this 

re-proposal, we encourage you to resubmit such comments to 

ensure their consideration and response by EPA in this 

rulemaking. In resubmitting previous comments, please make 

any necessary changes to clarify that you are addressing 

the re-proposal and add details as requested above.
Page 28 of 97

D. How does the Technical Revisions Final Rule affect this 

action?

On, November 29, 2011, EPA finalized technical 

corrections, clarifying and other amendments to subparts W, 

FF, II, OO, RR, and TT of Part 98 in the Technical 

Corrections final rule (76 FR 73886). The final rule 

includes minor wording clarifications and editorial 

corrections to 44 data elements in subpart RR, which do not 

change the information to be reported to EPA. For example,

several subpart RR data elements were revised to correct a 

rule citation, such as from paragraph (a)(5) to (a)(4). In 

this action, our confidentiality determination re-proposal 

includes the 44 data elements in subpart RR as revised in 

the Technical Corrections final rule. Because the 

revisions do not change the information to be collected 

under this subpart, we believe that it is appropriate to 

propose confidentiality determinations for these 44 data 

elements as finalized in the Technical Corrections final 

rule. 

The Technical Corrections final rule similarly 

includes revisions to seventeen data elements in subparts 

FF, II, OO, and TT that are minor wording clarifications 

and editorial corrections. As mentioned in Section II.B of 

this preamble, on May 28, 2011, EPA issued final 
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confidentiality determinations for all non-input data 

elements in 35 subparts in part 98, including these 17 data 

elements in subparts FF, II, OO, and TT. The revisions to 

the 17 data elements in these four subparts do not change 

the information to be reported to EPA under these 

requirements and therefore do not affect the May 26, 2011, 

final confidentiality determinations for these 17 data 

elements. We are not addressing these revisions in this 

action.

In addition to the technical corrections described 

above, the Technical Corrections final rule includes adding 

seven new non-input data elements to subparts II and TT. 

Because these new data elements were finalized after EPA’s 

issuance of the final confidentiality determinations for 

data elements in subparts II and TT and therefore not 

covered by that action, we are proposing confidentiality 

determinations for these seven data elements in this 

action. We followed the same approach to category 

selection and confidentiality determinations as was 

finalized in the Final CBI Rule and as is followed for the 

six subparts in this action.

The Technical Corrections final rule also revises 21

existing inputs to equations in subparts FF, II, and TT. 

The revisions do not change the information to be reported 
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to EPA under these requirements. For 18 of the 21 inputs, 

the revisions do not affect the August 25, 2011, final 

deferral. For the other three inputs, however, the

revisions do re-numerate section references to three 

subpart TT equation inputs. These equation inputs were 

added in the August 25, 2011, final deferral to Table A-6 

to subpart A of part 98, which lists by section the inputs 

to equations to be reported by March 31, 2013. We are 

therefore proposing in this action to amend Table A-6 to 

re-numerate three subpart TT equation inputs as finalized 

in the Technical Corrections final rule.

Lastly, in the Technical Corrections final rule, two 

new equation inputs were added to subpart FF and one new 

equation input was added to subpart TT. In this action, 

EPA is proposing to defer the reporting deadline for these 

three equation inputs to March 31, 2013. As with other 

equation inputs, EPA is in the process of evaluating the 

sensitivity of these three equation inputs, and we believe 

that we can complete our evaluation before March 31, 2013, 

the current reporting deadline for the equation inputs 

listed in Table A-6 of Subpart A. EPA is therefore 

proposing to add these inputs to Table A-6 to require their 

reporting by March 31, 2013. In the Technical Corrections 

final rule, we added the two new subpart FF inputs to 
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equations to the reporting requirements at 40 CFR part 

98.326(o). This regulatory paragraph is already included 

in Table A-6 to subpart A for reporting by March 31, 2013, 

so we are not proposing in this action to amend Table A-6 

to account for the new subpart FF inputs to equations. 

However, the new subpart TT equation input is not yet 

included in Table A-6. We are therefore proposing in this 

action to amend Table A-6 to add it and require its 

reporting by March 31, 2013. 

III. Re-Proposal of CBI Determinations for Six Subparts 

A. Overview

We propose to apply categorical confidentiality 

determinations made in the Final CBI Rule to the data 

elements in these six subparts that are assigned to those 

categories. In this section, we are requesting comment on 

two aspects of this proposal. First, we seek comment on 

the proposed data category assignment for each of these 

data elements. Second, for those data elements assigned to 

the five data categories without categorical CBI 

determinations, we seek comment on the individual 

confidentiality determinations we are proposing for these 

data elements.

In the Final CBI Rule, EPA created 22 data categories 

and assigned data elements in 35 subparts to appropriate 
Page 32 of 97

data categories. In this re-proposal, EPA similarly 

proposes to assign each data element in the final subparts 

L, DD, QQ, RR, SS, and UU to one of 21 data categories3

based on the type and characteristics of the data element. 

For example, data elements that refer to the amount and 

composition of raw material (excluding fuel) consumed as 

inputs to the production process have been assigned to the 

“Raw Materials Consumed That Are Not Inputs to Emission 

Equations” data category. For a list of the proposed 

category assignments (excluding inputs to emission 

equations) for the data elements in these subparts, please 

see the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 

Memo A.” Because the data categories created in the Final 

CBI Rule are sufficient in scope to cover the data elements 

in these six subparts, no new data categories are being 

proposed. For a description of each data category and the 

type and characteristics of data elements assigned to them, 

please see Sections II.C and II.D of the July 7, 2010 CBI 

proposal. 

As mentioned earlier in this preamble and shown in 

Tables 2 and 3 of this preamble, in the Final CBI Rule, EPA 

 

3 As previously mentioned, this proposal does not address data elements 

in the “Inputs to Emission Equations” data category. For data elements 

in these seven subparts that are assigned to the “Inputs to Emission 

Equations” category, please see the Memorandum entitled “[Docket EPAHQ-OAR-2011-0028 Memo B].”
Page 33 of 97

made categorical confidentiality determinations (i.e., one 

determination that applies to all data elements in that 

category) for 16 data categories (eight direct emitter data 

categories and eight supplier data categories). For the 

remaining five data categories (two direct emitter data 

categories and three supplier data categories), EPA 

determined that they are not “emission data” for purposes 

of determining GHG emission to be reported under Part 98 

data elements but did not make categorical determinations 

regarding their CBI status. The final categorical

determinations described above would apply to the data 

elements in the six subparts that EPA assigns to these 

categories through this rulemaking. We are soliciting 

comments on the proposed category assignments for the data 

elements in these six subparts. If you believe that EPA 

has improperly assigned certain data elements in these six 

subparts to the data categories, please provide specific 

comments identifying which data elements may be misassigned along with a detailed rationale for why they are 

not correctly assigned and in which data category they 

belong. In addition, if you believe that a data element 

should be assigned to one of the five categories that do 

not have a categorical confidentiality determination, 

please also provide specific comment along with detailed 
Page 34 of 97

rationale and supporting information on whether such data 

element does or does not qualify as CBI. 

As mentioned above, for five data categories (two 

direct emitter data categories and three supplier data 

categories), we determined in the Final CBI Rule that the 

data elements assigned to these data categories are not 

emission data for purposes of determining the GHG emissions 

to be reported under Part 98. However, for the reasons 

stated in the preambles to the proposed and the Final CBI 

Rule, we made final CBI determinations for individual data 

elements assigned to those categories. In making these 

individual CBI determinations, we considered the 

confidentiality determination criteria at 40 CFR 2.208, in 

particular whether release of the data is likely to cause 

substantial harm to the business’s competitive position. 

See 40 CFR 2.208(e)(1). Consistent with that approach, we 

now propose to determine for individual data elements in 

these five data categories whether they qualify as CBI. 

For EPA’s proposed CBI determinations for these data 

elements, please see Section III.B of this preamble for 

data elements in the two direct emitter data categories and 

Section III.C of this preamble for data elements in the 

three supplier data categories. EPA seeks comment on the 

proposed CBI determinations for the data elements in these 
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five categories. When submitting a comment disagreeing 

with a proposed determination, please provide detailed 

supporting information on why the individual data element 

does or does not qualify as CBI. 

Tables 2 and 3 of this preamble summarize the actions 

taken in the Final CBI Rule for 21 of the 22 data 

categories created in that notice (excluding the “Inputs to 

Emission Equations” data category). 

Table 2. Summary of Final Confidentiality Determinations 

for Direct Emitter Data Categories 

Data Category

Confidentiality Determination for 

Data Elements in Each Category

Emission 

Dataa

Data That 

Are Not 

Emission 

Data and 

Not CBI

Data That 

Are Not 

Emission 

Data But 

Are CBIb

Facility and Unit 

Identifier 

Information

X

Emissions X

Calculation 

Methodology and 

Methodological Tier

X

Data Elements 

Reported for Periods 

of Missing Data that 

are Not Inputs to 

Emission Equations

X

Unit/Process “Static” 

Characteristics that 

are Not Inputs to 

Emission Equations

X

c Xc

Unit/Process 

Operating 

Characteristics that 

are Not Inputs to 

Emission Equations

X

c Xc
Page 36 of 97

Data Category

Confidentiality Determination for 

Data Elements in Each Category

Emission 

Dataa

Data That 

Are Not 

Emission 

Data and 

Not CBI

Data That 

Are Not 

Emission 

Data But 

Are CBIb

Test and Calibration 

Methods

X

Production/Throughput 

Data that are Not 

Inputs to Emission 

Equations

X

Raw Materials 

Consumed that are Not 

Inputs to Emission 

Equations

X

Process-Specific and 

Vendor Data Submitted 

in BAMM Extension 

Requests

X

a Under CAA section 114(c), “emission data” are not entitled to 

confidential treatment. The term “emission data” is defined at 40 CFR 

2.301(a)(2)(i).

b Section 114(c) of the CAA affords confidential treatment to data 

(except emission data) that are considered CBI.

c In the Final CBI Rule, this data category contains both data elements 

determined to be CBI and those determined not to be CBI. 

Table 3. Summary of Final Confidentiality Determinations 

for Supplier Data Categories

Data Category

Confidentiality Determinations for Data 

Elements in Each Category

Emission 

Dataa

Data That Are 

Not Emission 

Data and Not 

CBI

Data That Are 

Not Emission 

Data But Are 

CBIb

GHGs Reported X

c Xc

Production/ 

Throughput 

Quantities and 

Composition

X

c Xc

Identification 

Information

X

Unit/Process 

Operating 

Characteristics

X

c Xc
Page 37 of 97

Data Category

Confidentiality Determinations for Data 

Elements in Each Category

Emission 

Dataa

Data That Are 

Not Emission 

Data and Not 

CBI

Data That Are 

Not Emission 

Data But Are 

CBIb

Calculation, Test, 

and Calibration 

Methods

X

Data Elements 

Reported for 

Periods of Missing 

Data that are Not 

Related to 

Production/

Throughput or 

Materials Received

X

Emission Factors X

Amount and 

Composition of 

materials received

X

Data Elements 

Reported for 

Periods of Missing 

Data That are 

Related to 

Production/

Throughput or 

Materials Received

X

Supplier Customer 

and Vendor 

Information

X

Process-Specific 

and Vendor Data 

Submitted in BAMM 

Extension Requests

X

a Under CAA section 114(c), “emission data” are not entitled to 

confidential treatment. The term “emission data” is defined at 40 CFR 

2.301(a)(2)(i).

b Section 114(c) of the CAA affords confidential treatment to data 

(except emission data) that are considered CBI.

c In the Final CBI Rule, this data category contains both data elements 

determined to be CBI and those determined not to be CBI. 

B. Direct Emitter Data Categories
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For direct emitter subparts L, DD, RR4, and SS, EPA 

proposes to assign each data element to one of 10 direct 

emitter data categories. Please see the Memorandum 

entitled “Docket EPA-HQ-OAR-2011-0028 Memo A” for a list 

of the data elements in these subparts and their proposed 

category assignment. In the Final CBI Rule, EPA made 

categorical confidentiality determinations for eight direct 

emitter data categories. EPA proposes to apply those final 

determinations to the data elements assigned to those 

categories in this rulemaking. For the data elements in 

the two direct emitter data categories that do not have 

categorical confidentiality determinations, we are 

proposing on an individual data element basis whether or 

not they qualify as CBI.5 

The following two direct emitter data categories do 

not have category-based CBI determinations: “Unit/Process 

‘Static’ Characteristics That are Not Inputs to Emission 

Equations” and “Unit/Process Operating Characteristics That 

are Not Inputs to Emission Equations.” For these two 

 

4 Subpart RR is neither a direct emitter nor a supplier source category. 

For the purposes of this action, EPA placed each subpart RR data 

element into one of the two categories based on its type and 

characteristics.

5 As mentioned above, EPA determined that data elements in these two 

categories are not “emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG emissions to be 

reported under Part 98. That determination would apply to data 

elements in these six subparts assigned to those categories through 

this rulemaking. 
Page 39 of 97

categories, EPA evaluated the individual data elements 

assigned to these categories to determine whether 

individual data elements qualify as CBI. In the sections 

below, EPA explains the data elements in these two

categories by subpart and states the reasons for proposing 

to determine that each does or does not qualify as CBI 

under CAA section 114(c). EPA is specifically soliciting 

comments on the CBI proposals for data elements in these 

two data categories. In each subpart section below, the 

data elements that are part of the annual GHG report 

submission are identified in bulleted lists. Any data 

elements that are part of subpart-specific BAMM use 

extension requests are discussed but not individually 

listed because they are repetitive (for example, there are 

several data elements that slightly differ by only a date 

or equipment type), lengthy, and numerous. These data 

elements are listed individually by data category and 

proposed confidentiality determination in the Memorandum 

entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.” In the 

subpart RR section below, EPA also identifies in a bulleted 

list four data elements for which we considered multiple 

approaches to making a CBI determination and one data 

element for which we considered multiple approaches to 

making a data category assignment. We specifically request 
Page 40 of 97

comment on the proposed approaches for these five subpart 

RR data elements.

1. Subpart L - Fluorinated Gas Production.

The “Unit/Process ‘Static’ Characteristics That are 

Not Inputs to Emission Equations” data category.

EPA is proposing to assign one subpart L data element 

to the “Unit/Process 'Static' Characteristics That are Not 

Inputs to Emission Equations” data category because it is a 

basic facility-specific characteristic that does not vary 

with time or with the operations of the process (and is not 

an input to an emission equation). The data element is:

• Location and function of the stream(s) (including 

process streams, emissions streams, and destroyed 

streams) that were analyzed under the initial scoping 

speciation of fluorinated GHG at 40 CFR 98.124(a), by 

process. (proposed as CBI)

EPA proposes to determine that disclosure of this data 

element would likely result in substantial competitive harm 

if released and therefore will be protected as confidential 

business information. EPA finds that this data element 

could provide insight into the manufacturing process and 

the configuration of the facility, such as which process 

equipment is sending streams to which process equipment. 

This could reveal information about configuration 

efficiencies that the reporter has developed, generally at 
Page 41 of 97

great expense and time investment, to minimize 

manufacturing cost and to maximize the manufacturing rate. 

If a competitor could review such information on 

configuration, the competitor would be able to adopt the 

reporter’s efficiency practices with less development time 

and expense and would gain competitive advantage at the 

expense of the reporter’s competitive advantage. 

Therefore, EPA finds that releasing the data element 

describing the location and function of the process streams 

would likely result in substantial competitive harm, and 

EPA proposes to determine that this data element qualifies 

for protection as confidential business information. 

The “Unit/process Operating Characteristics That Are 

Not Inputs to Emission Equations” data category. 

EPA is proposing to assign 23 subpart L data elements 

to the “Unit/process Operating Characteristics That are Not 

Inputs to Emission Equations” data category because they 

are characteristics of units, equipment, abatement devices, 

and other facility-specific characteristics that vary over 

time with changes in operations and processes (and are not 

inputs to emission equations). Twenty-two of these data 

elements are part of extension requests for the use of BAMM 

and relate to the reasons for a request and expected dates 
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of compliance with reporting requirements. One is part of 

the annual GHG report and is listed here:

• Name of all applicable Federal or State regulations 

that may apply to the destruction process.

As discussed in more detail below, EPA is proposing 

that seven data elements in the “Unit/process Operating 

Characteristics That Are Not Inputs to Emission Equations” 

data category are CBI. (All seven are part of data 

elements included in BAMM use extension requests.) EPA is 

proposing to determine that the other data elements in the 

“Unit/process Operating Characteristics That Are Not Inputs 

to Emission Equations” data category are not CBI.

EPA proposes to determine that the annual GHG report 

data element in this category is not CBI. The Federal and 

State regulations that may apply to a fluorinated GHG 

destruction process or device are already part of the 

public record as part of the facility’s Title V operating 

permit or minor source air emissions permit. Furthermore, 

Federal regulations are published in the CFR (e.g., 

Miscellaneous Organic NESHAP is published at 40 CFR part 

63, subpart FFFF) and State regulations are similarly 

published (e.g., the Louisiana Administrative Code 33: 

III.501.C.6 is published in the Louisiana Register). 

Because this information is publicly available it does not 
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qualify for protection as confidential business information 

and will be considered to be non-CBI.

EPA proposes to determine that seven of the 22 data 

elements included in BAMM use extension requests qualify as 

CBI because their disclosure would likely cause substantial 

harm to the reporter’s competitive positions (each data 

element and its proposed category assignment are listed by 

data category in the Memorandum entitled “Docket EPA-HQOAR-2011-0028, Memo A.”) Three of these data elements 

reveal the reason for requesting a BAMM extension and the 

reason why equipment was not (or could not be) installed. 

EPA has reviewed a number of BAMM use extension requests 

and determined that these three data elements contain 

detailed information, such as process diagrams and 

operational information. Process diagrams and operational 

information could provide insight into configuration 

efficiencies that the reporter has developed, generally at 

great expense and time investment, to minimize 

manufacturing cost and to maximize the manufacturing rate. 

If a competitor could review such information on the 

reporter’s configuration, the competitor would be able to 

adopt the reporter’s efficiency practices with less 

development time or expense and would gain competitive 

advantage at the expense of the reporter’s competitive 
Page 44 of 97

advantage. Therefore, EPA finds that releasing the reasons 

for requesting a BAMM use extension would likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information will be treated as confidential 

business information. 

We also propose to find that four other data elements 

that divulge when an owner or operator will be able to 

attain data, equipment, or measurements to comply with 

reporting requirements are eligible for confidential 

treatment. These data elements would reveal information

about the installation date of equipment and the date of 

anticipated startup. This could provide sensitive 

information regarding future process shutdowns, and likely 

would cause substantial competitive harm if disclosed 

because competitors could use this information to 

anticipate and potentially benefit from future decreases in 

product supply. For example, a competitor able to 

anticipate the shutdown of a reporter’s facility and 

resulting decrease in product supply, could use this 

information to attract customers away from a reporter by 

increasing its own production or could adjust the price of 

its own products.

EPA proposes to determine that the remaining 15 data 

elements included in BAMM use extension requests do not 
Page 45 of 97

qualify as CBI. These are narrow data elements that focus 

on specific reasons for the BAMM extension, such as proof 

of service or equipment backorder, technical 

infeasibilities, and conflicting safety regulations or 

laws. Additionally, three of these data elements are 

descriptions of how the facility will prepare to meet 

requirements by the end of the BAMM period. These data 

elements do not contain detailed information, such as 

process diagrams and operational information. Rather, they 

are information on administrative activities and regulatory 

requirements to which the facility is subject that are not 

protected as proprietary by the reporting facilities. 

Therefore, EPA proposes to determine that these are not 

data elements the disclosure of which would likely cause 

substantial competitive harm and will not be protected as 

CBI. They will be considered non-CBI. 

Finally, three of these data elements are illustrative 

documentation such as photographs and engineering diagrams

that demonstrate how access to process streams, emissions 

streams, or destroyed streams could not be gained without 

process shutdown. Based on the type of documentation that 

EPA has received, EPA finds that these illustrative 

diagrams and photographs sent by reporters generally do not 

provide insight into the reporter’s production processes or 
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operational efficiencies because they only show information 

that is relevant to the access point in question and 

processes immediately upstream and downstream of that 

access point. Therefore, EPA proposes to determine that 

disclosure of these data elements is not likely to cause 

substantial competitive harm; therefore, they do not 

qualify for protection as CBI and will be considered to be 

non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI.

2. Subpart DD - Electrical Transmission and Distribution 

Equipment Use.

Subpart DD covers facilities that move electricity 

rather than produce or process a product. EPA is proposing 

to assign three subpart DD data elements to the 

“Unit/Process 'Static' Characteristics That are Not Inputs 

to Emission Equations” data category because they are basic 

characteristics of equipment and facility-specific lines 

that do not vary with time or with the operations of the 
Page 47 of 97

process (and are not inputs to emission equations). These 

three data elements are:

• Nameplate capacity of equipment containing sulfur 

hexafluoride (SF6) or perfluorocarbon (PFC) existing as 

of the beginning of the year (excluding hermetically 

sealed-pressure switchgear).

• Transmission miles (length of lines carrying voltage 

at or above 34.5 kilovolt).

• Distribution miles (length of lines carrying voltages 

at or below 35 kilovolt). 

EPA is proposing that all data elements in this data 

category are non-CBI. Nameplate capacity is the engineered 

volume of SF6 or PFC contained in transmission and 

distribution equipment. Total nameplate capacity can vary 

significantly from facility to facility depending on the 

total number of pieces of equipment used, the age and 

manufacture of equipment, the location of the equipment 

(e.g., urban vs. rural), climatic conditions, number of 

transmission or distribution miles within the facility, 

etc. Information about nameplate capacity does not provide 

insight into the performance (ability to transmit or 

distribute electricity) or the operational efficiency for 

this type of facility that would likely cause substantial 

competitive harm if disclosed. Therefore, the disclosure 

of the nameplate capacity data element is not likely to 
Page 48 of 97

cause substantial competitive harm, and EPA is proposing it 

as non-CBI. 

Moreover, data on transmission and distribution miles 

is also publicly available in the Platts UDI Directory of 

Electric Power Producers and Distributers6, which can be 

purchased by any interested party. Disclosure of these 

data by EPA does not provide any additional insight into 

facility-specific operating conditions or process design or 

to any other proprietary or sensitive information that 

would give insight for competitors to gain an advantage 

over the reporter. Because this information is publicly 

available, EPA proposes to determine that these data 

elements are not confidential; they will be considered nonCBI.

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI.

3. Subpart RR - Geologic Sequestration of Carbon Dioxide.

 

6 http://www.platts.com/Products/electricpowerproducerdirectory
Page 49 of 97

Subpart RR is neither an exclusively direct emitter 

nor a supplier source category, so for the purposes of this 

action EPA assigned each subpart RR data element to one of 

the two groups based on its type and characteristics. EPA 

assigned subpart RR data elements that pertain to surface 

leakage to one of the direct emitter data categories and 

the remaining subpart RR data elements to one of the 

supplier data categories.

For the following five subpart RR data elements in the 

direct emitter “Test & Calibration Methods” data category, 

EPA considered multiple approaches to making a CBI 

determination: 

• “MRV plans (monitoring, reporting, and verification) 

and revised MRV plans,” which must contain, among 

other components, the delineation of the maximum 

monitoring area and the active monitoring areas; 

identification of potential surface leakage pathways 

for CO2 in the maximum monitoring area and the 

likelihood, magnitude, and timing, of surface leakage 

of CO2 through these pathways; a strategy for detecting 

and quantifying any surface leakage of CO2; a strategy 

for establishing the expected baselines for monitoring 

CO2 surface leakage; and a summary of the 

considerations you intend to use to calculate sitespecific variables for the mass balance equation.

• Annual monitoring report: Narrative history of the 

monitoring efforts conducted over the previous 

calendar year (in annual monitoring reports). 

• Annual monitoring report: Description of any changes 

to the monitoring program that were not material 

changes warranting submission of a revised MRV plan 

(in annual monitoring reports). 
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• Annual monitoring report: Narrative history of any 

monitoring anomalies that were detected in the 

previous calendar year and how they were investigated 

and resolved (in annual monitoring reports).

• A request for discontinuation of reporting must 

contain either 40 CFR 98.441(b)(2)(i) or (b)(2)(ii): 

(ii) For all other wells, and as an alternative for 

wells permitted as Class VI under the Underground 

Injection Control program, a demonstration that 

current monitoring and model(s) show that the injected 

CO2 stream is not expected to migrate in the future in 

a manner likely to result in surface leakage.

EPA is proposing to assign these five data elements to 

the “Test & Calibration Methods” data category because they 

are information about methods that are or were used to 

demonstrate that the injected CO2 stream is not expected to 

migrate in the future in a manner likely to result in

surface leakage. For these five data elements, EPA 

considered deviating from the determination that all data 

elements in the “Test & Calibration Methods” category are 

not entitled to CBI treatment. We evaluated whether the 

level of detail and information in these documents will 

vary so much from reporter to reporter based on sitespecific conditions that a confidentiality determination 

cannot be made until the material is submitted and closely 

evaluated by EPA on a case-by-case basis. For the “MRV 

plans and revised MRV plans” data element, EPA further 

evaluated whether some specific elements, methods, or 

supportive material are entitled to CBI treatment or 
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require case-by-case evaluation so that they should be 

broken out as their own data elements. Having considered 

these approaches, we nonetheless find that disclosure by 

EPA of the details in these five data elements would not 

provide insight to competitors about proprietary 

information. These data elements reveal information about 

monitoring techniques for which information is publicly 

available in the scientific community about their 

effectiveness, such as in conference papers and peer 

reviewed journal articles7. The “MRV plans and revised MRV 

plans” data element does not contain the monitoring results 

that are obtained after implementation of the MRV plan, or 

project information the disclosure of which is likely to 

cause substantial competitive harm. For the 

discontinuation of reporting data element, the reporter 

will not submit this information to EPA until after the 

injection has ceased and the well or group of wells have 

been plugged or abandoned, and thus the public availability 

upon EPA’s release of this information is not likely to 

cause substantial harm to the reporter’s competitive 

position. Therefore, we are proposing that the five data 

elements listed above merit the same confidentiality 

 

7 For example, see papers from the International Conference on 

Greenhouse Gas Control Technologies
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determination as the other data elements in the “Test & 

Calibration Methods” data category (not CBI). 

We seek comment on this determination and any 

rationale for or against this approach. EPA notes that 

until this action is finalized, EPA will make case-by-case 

confidentiality determinations for materials submitted to 

EPA under subpart RR, including “MRV plans and revised MRV 

plans.” 

For the following subpart RR data element in the

“Calculation Methodology and Methodological Tier” data 

category, EPA considered multiple approaches to making a 

data category assignment:

• Annual monitoring report: A description of any surface 

leakages of CO2, including a discussion of all 

methodologies and technologies involved in detecting 

and quantifying the surface leakages and any 

assumptions and uncertainties involved in calculating 

the amount of CO2 emitted. 

EPA considered assigning this data element to the 

“Calculation Methodology and Methodological Tier” data 

category, and EPA considered assigning it to the “Test & 

Calibration Methods” category, as was done with the other 

annual monitoring report data elements, and either 

following the category-wide non-CBI determination or making 

a CBI determination on a case-by-case basis once the 

material is submitted and closely evaluated by EPA. Having 
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considered these options, we ultimately determined that 

this data element provides the methodologies, technologies, 

and assumptions used by reporters to calculate the mass of 

CO2 emitted from surface leakage. Therefore, we are 

proposing to assign the data element to the “Calculation 

Methodology and Methodological Tier” data category, which 

is limited to data elements that EPA has determined to be 

“emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i) for purposes of determining the GHG 

emissions to be reported under Part 98 and therefore not 

entitled to confidential treatment. We seek comment on 

this determination and any rationale for or against this 

approach. 

4. Subpart SS - Electrical Equipment Manufacture or 

Refurbishment.

EPA is not proposing to assign any subpart SS data 

elements to the “Unit/process Static Characteristics That 

are Not Inputs to Emission Equations” or the “Unit/process 

Operating Characteristics That are Not Inputs to Emission 

Equations” data category.

The subpart SS data elements are listed individually 

by data category and proposed confidentiality determination 

in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 

Memo A.” 
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C. GHG Supplier Data Categories

For supplier subparts QQ, RR, and UU8, EPA is assigning 

each data element to one of eleven supplier data 

categories. For the data elements in three data 

categories, we are proposing whether or not each separate 

data element is entitled to confidential treatment.

As mentioned above in Section III.B of this preamble, 

for the eight data categories with category-based final 

determinations, EPA will apply these determinations to all 

the data elements assigned to those categories from the six

subparts. EPA’s rationale for the final CBI determination 

can be found in the preamble to the Final CBI Rule (76 FR 

30782). For a list of the proposed category assignments 

(excluding inputs to emission equations) for the data 

elements in these subparts, please see the Memorandum 

entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.”

With respect to the three supplier data categories 

that have been determined not to be emission data but do 

not have category based confidentiality determinations 

(“GHGs Reported,” “Production/Throughput Quantities and 

Composition,” and “Unit/Process Operating 

 

8 Subparts RR and UU are neither exclusively direct emitter nor supplier 

source categories. For the purposes of this action, EPA placed each 

subpart RR data element into one of the two categories based on its 

type and characteristics. EPA placed all subpart UU data elements into 

the supplier source category based on their type and characteristics.
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Characteristics”), EPA evaluated the individual data 

elements in the six subparts assigned to these categories 

to determine whether they qualify as CBI. In the sections 

below, EPA lists the data elements in the three categories 

by subpart and states the reasons for proposing to 

determine that these data elements do or do not qualify for 

protection as CBI under Freedom of Information Act (FOIA)

exemption 4, CAA section 114(c), and EPA regulations at 40 

CFR 2.208 and 2.301. EPA is emphasizing that we request 

comment on these proposals. 

1. Subpart QQ - Importers and Exporters of Fluorinated 

Greenhouse Gases Contained in Pre-charged Equipment or 

Closed-cell Foams.

EPA is proposing to assign 10 data elements to the

“GHGs Reported” data category because they are the actual 

GHGs reported as imported or exported. Five of the data 

elements are for importers and five are for exporters. The 

importer and exporter data elements are identical except 

for whether they are specific to importers or exporters, so 

we have combined the analogous data elements in the five 

bullets in the list below to reduce repetition. Note that 

all 10 data elements represented in this specific case are 

also in the “Production/Throughput Quantities and 
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Composition” data category because the GHG reported is also 

the product being imported or exported.9

• Total mass of each fluorinated greenhouse gas (F-GHG) 

imported/exported in pre-charged equipment or closedcell foams.

• Identity of imported/exported F-GHG used as a 

refrigerant or electrical insulator.

• Identity of the imported/exported F-GHG contained in 

the closed-cell foam in each appliance.

• Identity of the imported/exported F-GHG in the foam.

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: total mass in metric tons of CO2e of the 

fluorinated GHGs imported/exported in closed-cell 

foams. 

EPA is proposing to assign 30 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the composition and 

quantities of the products imported and exported. Ten of 

the data elements are in the “GHGs Reported” data category 

list above because the product imported or exported is also 

the GHG reported; they are not repeated in the list below. 

For the other 20 data elements in this data category, the 

10 importer data elements and 10 exporter data elements are 

identical except for whether they are specific to importers 

or exporters. Therefore, we have combined the analogous 

 

9 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories.
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data elements in the 10 bullets in the list below to reduce 

repetition.

• Charge size (holding charge, if applicable) for each 

type of pre-charged equipment imported/exported.

• Number of pre-charged equipment imported/exported.

• Mass of the imported/exported F-GHG contained in the 

foam in each appliance.

• Number of appliances imported/exported.

• Density of the imported/exported F-GHG in the foam.

• Volume of foam imported/exported.

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are 

imported/exported inside of appliances, the mass of 

the fluorinated GHGs in CO2e contained in the foam in 

each appliance.

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are 

imported/exported inside of appliances, the number of 

appliances imported/exported for each type of 

appliance. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not 

imported/exported inside of appliances, the mass in 

CO2e of the fluorinated GHGs in the foam. 

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not 

imported/exported inside of appliances, the volume of 

foam imported/exported for each type of closed-cell 

foam. 

For subpart QQ, EPA is proposing that all data 

elements in the “GHGs Reported” and “Production/Throughput 

Quantities and Composition” data categories be considered 
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CBI. These data categories contain importer- and exporterlevel production information (mass, volume, density, 

quantity, or identity of the equipment or foam or 

fluorinated gas within the equipment or foam), reported 

separately for pre-charged equipment, closed-cell foam, and 

for appliances that contain closed-cell foam. EPA proposes 

to determine that these importer- and exporter-level 

product-specific GHG data are to be considered CBI because 

the disclosure of these data elements would likely cause 

substantial harm to the competitive positions of businesses 

reporting these data. Releasing these data could be 

detrimental to the operational and marketing strategies of 

the reporting parties, as explained in the following 

example.

The disclosure of the volume of foam or the count of 

appliances or equipment exported provides insight into a 

firm’s market share and financial performance. For 

example, product import or export data could reveal whether 

a U.S. firm is experiencing rapid growth or decline in 

market share. Competitors could use such data to gain a 

competitive advantage over another firm by better 

approximating a firm’s market share. Competitors may be 

able to drive struggling reporters out of business by 

implementing short-term price-cutting tactics. In many 
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cases, an accurate estimate of the market share of a firm 

is difficult to procure, and the disclosure of such 

information through the GHG Reporting Rule could harm the 

competitive position of reporting parties. As previously 

noted, EPA is proposing that all data elements in these two 

data categories (“GHGs Reported” and “Production/Throughput 

Quantities and Composition”) are to be considered CBI. EPA 

is soliciting comments on EPA’s proposed determinations 

described above. When submitting a comment disagreeing 

with a proposed determination, please identify the specific 

data element(s) and provide detailed supporting information

on why EPA’s proposed determination is not appropriate and 

why such data element(s) do or do not qualify as CBI.

EPA is proposing to assign eight data elements to the 

“Unit/Process Operating Characteristics” data category

because they refer to the operating characteristics of the 

supplier, such as dates of shipment. Four data elements 

are for importers and four are for exporters. The importer 

and exporter data elements are identical except for whether 

they relate to imports or exports, so only four bullets 

appear in the list below to reduce repetition.

• Dates on which pre-charged equipment were 

imported/exported.

• Dates on which closed-cell foams were 

imported/exported.
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• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: Dates on which the closed-cell foams were 

imported/exported.

• If the importer/exporter does not know the identity 

and mass of the fluorinated GHGs within the closedcell foam: Certification that the importer/exporter 

was unable to obtain information on the identity and 

mass of the fluorinated GHGs within the closed-cell 

foam from the closed-cell foam manufacturer or 

manufacturers.

EPA is proposing that all data elements in this data 

category are non-CBI. As explained below, EPA finds that 

the release of these data will not likely cause substantial 

competitive harm. 

Releasing a certification about the ability to obtain 

information would not likely cause substantial competitive 

harm because certification statements are general in 

nature, do not provide any insight into the design or 

operation efficiencies of the plant, and do not reveal 

other competitive information (e.g., market share, ability 

to increase production to meet new increases in demand, or

price structures). Moreover, certification statements will 

consist of only the language that EPA publicly provides in 

the data reporting tool and will not include any facilityor process-specific information that could be considered 

proprietary. Therefore, EPA proposes that certification 

statements are not CBI. 
Page 61 of 97

The other subpart QQ data elements in this data 

category are dates of import or export. Dates do not 

reveal information related to the type or quantity of 

product imported or exported, or to the operational 

strengths or weaknesses, operational capacity, or customer 

base of the reporter. Dates of import or export would not 

likely cause substantial competitive harm if released 

because dates do not provide any insight into at what

percent of capacity a firm is operating or into financial 

performance, the release of which might allow competitors 

to implement short-term price cutting tactics to capture 

the reporter’s market share. Therefore, EPA proposes that 

these data elements, the date of the import or export, are 

not eligible for confidential treatment and will be 

considered non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI.

2. Subpart RR - Geologic Sequestration of Carbon Dioxide.
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Subpart RR is neither a direct emitter nor a supplier 

source category, so for the purposes of this action EPA 

assigned each subpart RR data element to one of the two 

groups based on its type and characteristics. EPA assigned 

subpart RR data elements that pertain to surface leakage to 

one of the direct emitter data categories and the remaining 

subpart RR data elements to one of the supplier data 

categories.

EPA is proposing to assign nine data elements to the

“GHGs Reported” data category because they are the actual 

GHGs reported. Note that all nine of the data elements in 

this specific case are also in the “Production/Throughput 

Quantities and Composition” data category because the GHG 

reported is also the product being used as a throughput.10

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: Total net mass of CO2

received (metric tons) annually. 

• If you receive CO2 in containers, report: The net mass 

of CO2 received (in metric tons) annually.

• If you use more than one receiving flow meter, report 

the total net mass of CO2 received (metric tons) 

through all flow meters annually. 

• For each injection flow meter (mass or volumetric), 

report: the mass of CO2 injected annually.

• Total CO2 injected during the reporting year as 

calculated in Equation RR-6.

 

10 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories.
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• For each separator flow meter (mass or volumetric), 

report: CO2 mass produced (metric tons) annually. 

• Annual CO2 produced in the reporting year, as 

calculated in Equation RR-9.

• Annual CO2 sequestered in the subsurface geologic 

formations in the reporting year, as calculated by 

Equation RR-11 or RR-12.

• Cumulative mass of CO2 reported as sequestered in the 

subsurface geologic formations in all years since the 

well or group of wells became subject to reporting 

requirements under subpart RR.

EPA is proposing to assign 26 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the quantities and 

composition of CO2 produced and used as throughput at the 

site. Note that nine of the data elements in this specific 

case are in the “GHGs Reported” data category list above 

because the GHG reported is also the product being used as 

a throughput. They are not repeated in the list below. 

Furthermore, five data elements about mass flow meters and 

five data elements about volumetric flow meters are 

identical except for whether they are specific to mass or 

volumetric meters. Therefore, we have combined the 10 

analogous data elements into five bullets in the list below 

to reduce repetition. The remaining seven data elements 

that EPA proposes to assign to this data category each 

appear in the list below under an individual bullet.
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• For submissions in support of an R&D project exemption 

from reporting under subpart RR: planned annual CO2

injection volumes during this time period.

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(4): Volumetric/mass flow through a receiving 

flow meter at standard conditions in each quarter. 

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(4) of this section: The volumetric/mass flow 

through a receiving flow meter that is redelivered to 

another facility without being injected into your well 

in each quarter. 

• If a volumetric/mass flow meter is used to receive CO2, 

report the following unless you reported yes to 40 CFR 

98.446(a)(4) of this section: CO2 concentration in the 

flow in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume at standard conditions (in 

standard cubic meters) of contents in containers in 

each quarter. 

• If you receive CO2 in containers, report: The 

concentration of CO2 of contents in containers (volume 

or weight percent CO2 expressed as a decimal fraction) 

in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume (in standard cubic meters) of 

contents in containers that is redelivered to another 

facility without being injected into your well in each 

quarter. 

• For each injection flow meter (mass or volumetric), 

report: CO2 concentration in flow (volume or weight 

percent CO2 expressed as a decimal fraction) in each 

quarter.

• For each injection flow meter, report: If a 

volumetric/mass flow meter is used, the 

volumetric/mass flow rate at standard conditions in 

each quarter.

• For each separator flow meter (mass or volumetric), 

report: CO2 concentration in flow (volume or weight 

percent CO2 expressed as a decimal fraction) in each 

quarter. 
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• If a volumetric/mass separator flow meter is used, 

volumetric/mass flow rate at standard conditions in 

each quarter. 

• The entrained CO2 in produced oil or other fluid 

divided by the CO2 separated through all separators in 

the reporting year (weight percent CO2 expressed as a 

decimal fraction) used as the value for X in Equation 

RR-9 and as determined according to your EPA-approved 

MRV plan.

EPA proposes that all data elements in these two data 

categories (“GHGs Reported” and “Production/Throughput 

Quantities”) are not CBI. As explained below, EPA finds 

that the release of these data will not likely cause 

substantial competitive harm. 

Six of the data elements are facility-level and flow 

meter-level information on the quantity of CO2 injected. 

The six data elements are available from Underground 

Injection Control (UIC) permits, which are issued for each 

injection well by EPA or by States that have assumed 

primary enforcement authority for permitting injection 

wells. Information related to the permits is reported to 

EPA or States at least annually and made available to the 

public either through State websites or upon request from 

the public. Because this information is routinely publicly 

available, EPA finds that further disclosure of data 

elements on CO2 injection is not likely to cause substantial 

competitive harm to the reporter, and EPA proposes to 
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determine that this information will not be treated as 

confidential; rather it will be considered non-CBI.

Six of the data elements are facility-level and flow 

meter-level information on the quantity of CO2 produced. 

The reporters that are required to include this information 

in their annual reports inject CO2 underground into oil or 

natural gas reservoirs through injection wells for the 

purpose of increasing crude oil production or enhancing 

recovery of natural gas, and the CO2 is then produced with 

oil and gas. State oil and gas conservation agencies in 

all States where enhanced oil and gas recovery is occurring 

collect information on quantities of oil and gas produced 

by well to calculate royalties. This information is 

reported to EPA or States at least annually and made 

available to the public either through State websites or 

upon request from the public. Moreover, incremental oil 

production from CO2 injection is published in the biannual 

Oil & Gas Journal Enhanced Oil Recovery survey.11 Given the 

present level of reporting of production in the EOR 

industry just described (i.e., information is made publicly 

available by States and in the biannual industry reports), 

EPA finds that CO2 production information does not provide 

additional insight into any aspect of operations the 

 

11 Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas Journal, 

Volume 108, Issue 14.
Page 67 of 97

release of which might undercut any competitive advantage 

that the reporter may enjoy. Because this information is 

publicly available, EPA proposes to determine that this 

information will not be treated as confidential; rather, it 

will be considered to be non-CBI.

Subpart RR facilities must report annual mass of CO2

sequestered in the subsurface geologic formations in the 

reporting year, as calculated by Equation RR-11 or RR-12. 

These values are calculated from CO2 injection, production, 

and emission data using a mass balance approach. As 

discussed above in this section, CO2 injection and CO2

production data are already publicly available. In 

addition, CO2 emission data are emission data and must be 

made publicly available. As a result, the quantity of CO2

sequestered can be calculated from data that are already 

publicly available. Because this information may be 

readily derived from information already publicly 

available, EPA has determined that its release of the 

reported mass of CO2 sequestered would not likely cause 

substantial competitive harm. For these reasons, EPA 

proposes to determine that this information is not eligible 

for confidential treatment and will be considered to be 

non-CBI.
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Twelve of the data elements are facility-level and 

flow meter-level information on the quantity of CO2

received. None of the data elements on CO2 received 

includes information on CO2 prices or contract terms, such 

as information on the concentration of other incidental 

substances in the CO2 stream, the disclosure of which could 

allow competitors to ascertain the relative strength of 

their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

The data elements also do not include information that 

would allow a competitor to deduce the reporter’s operating 

costs. 

Moreover, as an example, for a facility where the CO2

received is wholly injected and is not mixed with any other 

supply of CO2, such as a geologic sequestration project at a 

deep saline formation, the reporter may report the quantity 

of CO2 injected as the quantity of CO2 received. This 

amount can be determined from information that is reported 

at least annually as part of a facility’s UIC permit and 

made available to the public either through State websites 

or upon request from the public. For the reasons described 

in this paragraph, EPA finds that releasing the 12 data 

elements on CO2 received would not likely result in 

substantial competitive harm, and EPA proposes to determine 
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that this information does not qualify for confidential 

treatment and will be considered to be non-CBI.

EPA is proposing to assign nine data elements to the 

“Unit/Process Operating Characteristics” data category

because they refer to the operating characteristics of the 

site, such as project duration and CO2 source. 

• For submissions in support of a research and 

development (R&D) project exemption from reporting 

under subpart RR: The planned duration of CO2 injection 

for the project.

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The research purposes 

of the project.

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The source and type 

of funding for the project.

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The class of the 

underground injection control permit.

• For submissions in support of an R&D project exemption 

from reporting under subpart RR: The duration of the 

underground injection control permit.

 For submissions in support of an R&D project exemption 

from reporting under subpart RR: For an offshore 

facility not subject to Safe Drinking Water Act, a 

description of the legal instrument authorizing 

geologic sequestration.

 Source of the CO2 received according to the following 

categories: CO2 production wells, electric generating 

unit, ethanol plant, pulp and paper mill, natural gas 

processing, gasification operations, other 

anthropogenic source, CO2 received from a discontinued 

enhanced oil and gas recovery project, and unknown.

• For each injection flow meter, report the location of 

the flow meter.
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• If a well is permitted by an Underground Injection 

Control program, report: Underground Injection Control 

permit class.

EPA is proposing that all data elements in this data 

category are non-CBI. As explained below, EPA finds that 

the release of these data will not likely cause substantial 

competitive harm.

Five of these data elements include basic information 

on the legal instrument authorizing geologic sequestration. 

For a facility permitted by the UIC program under authority 

of the Safe Drinking Water Act, information on the class 

and duration of the permit is routinely publicly available 

in the UIC permit. For an offshore facility that is not 

subject to the Safe Drinking Water Act and therefore does 

not need a UIC permit, the facility would be subject to 

other statutory authority authorizing the facility to 

conduct geologic sequestration. Since these five data 

elements contain public information, EPA finds that their 

release by EPA is not likely to cause substantial 

competitive harm; they do not qualify for confidential 

treatment and will be considered to be non-CBI.

Three of these data elements are information on an R&D 

project’s planned duration, purpose, source of funding, and 

type of funding. These data elements do not include the 

amount of funding received. They do not provide insight 
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into the costs of sequestering CO2 at the facility, the 

disclosure of which could allow competitors to ascertain 

the relative strength of their market position and to 

identify sources of competitive advantage (or disadvantage) 

among competitors. For many existing R&D projects, 

information in these three data elements is already 

publicly available. For example, the Department of Energy 

National Energy Technology Laboratory publishes information 

on its website about the Regional Carbon Sequestration 

Partnership projects that it funds.12 These projects also 

participate in public conferences at which they present 

papers about their projects and findings. Since this 

information is of the same nature for all projects, EPA 

finds that publication of such information by some projects 

demonstrates that disclosure of equivalent information for 

all projects is not likely to cause substantial harm. 

Therefore, EPA proposes to determine that this information 

is not eligible for confidential treatment; it will be 

considered to be non-CBI. 

The data element related to the source of CO2 received 

identifies the type of source that supplied the facility 

with CO2 in the reporting year, such as an ethanol plant. 

 

12

http://www.netl.doe.gov/technologies/carbon_seq/partnerships/RCSP_Proje

ctDescriptions.html
Page 72 of 97

This data element does not include information that would 

identify a specific facility or company that supplies the 

CO2 to the reporter, or the amount of CO2 provided by each 

supplier. This data element does not include information 

on CO2 prices or contract terms, the disclosure of which 

could allow competitors to ascertain the relative strength 

of their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

Since revealing this data element does not provide 

competitors with an advantage, EPA proposes to determine 

that it is not eligible for confidential treatment and will 

be considered to be non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI.

3. Subpart UU - Injection of Carbon Dioxide.

EPA first proposed in a single subpart RR the 

reporting requirements that are now divided between final 

subparts RR and UU. EPA moved all definitions, 

requirements, and procedures for facilities conducting only 
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CO2 injection into a new subpart (subpart UU). Subpart RR 

retains all definitions, requirements, and procedures 

related to facilities conducting geologic sequestration. 

The explanation and a summary of major changes since 

proposal appear in the final subparts RR and UU

promulgation notice (75 FR 75060, December 1, 2010). 

Subpart UU is neither a direct emitter nor a supplier 

source category, so for the purposes of this action EPA 

assigned the subpart UU data elements to one of the 

supplier data categories because they are most similar in 

type and characteristics to supplier data.

EPA is proposing to assign three data elements to the

“GHGs Reported” data category because they are the actual 

GHGs reported. Note that all three of the data elements in 

this specific case are also in the “Production/Throughput 

Quantities and Composition” data category because the GHG 

reported is also the GHG being used as a throughput.13

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: Total net mass of CO2

received (metric tons) annually. 

• If you receive CO2 in containers, report: The net total 

mass of CO2 received (in metric tons) annually. 

• If you use more than one receiving flow meter, report 

the net total mass of CO2 received (metric tons) 

through all flow meters annually.

 

13 Where a data element is included in more than one data category, we 

are proposing the same CBI determination for that data element in both 

categories.
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EPA is proposing to assign 12 data elements to the 

“Production/Throughput Quantities and Composition” data 

category because they refer to the quantities and 

composition of CO2 used as throughput at the site. Note 

that three of the data elements in this specific case are 

in the “GHGs Reported” data category list above because the 

GHG reported is also the GHG being used as a throughput. 

They are not repeated in the list below. Furthermore, 

three data elements about mass flow meters and three data 

elements about volumetric flow meters are identical except 

for whether they are specific to mass or volumetric meters. 

Therefore, we have combined the six analogous data elements 

into three bullets in the list below to reduce repetition. 

The remaining three data elements that EPA proposes to 

assign to this data category also appear in the list below.

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: If a volumetric/mass 

flow meter is used to receive CO2: Volumetric/mass flow 

through a receiving flow meter at standard conditions 

in each quarter. 

• If you receive CO2 by pipeline, report the following 

for each flow meter: If a volumetric/mass flow meter 

is used to receive CO2: The volumetric/mass flow 

through a receiving flow meter that is redelivered to 

another facility without being injected into your well 

in each quarter. 

• If you receive CO2 by pipeline, report the following 

for each receiving flow meter: If a volumetric/mass 
Page 75 of 97

flow meter is used to receive CO2: CO2 concentration in 

the flow in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume at standard conditions (in 

standard cubic meters) of contents in containers in 

each quarter. 

• If you receive CO2 in containers, report: The 

concentration of CO2 of contents in containers (volume 

or weight percent CO2 expressed as a decimal fraction) 

in each quarter. 

• If you receive CO2 in containers, report: The mass (in 

metric tons) or volume (in standard cubic meters) of 

contents in containers that is redelivered to another 

facility without being injected into your well in each 

quarter. 

EPA proposes that all data elements in these two data 

categories (“GHGs Reported” and “Production/Throughput 

Quantities”) are not CBI. These data elements are 

facility-level and flow meter-level data for CO2 received. 

None of the data elements on CO2 received includes 

information on CO2 prices or contract terms, such as 

information on the concentration of other incidental 

substances in the CO2 stream, the disclosure of which could 

allow competitors to ascertain the relative strength of 

their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

The data elements also do not include information that 

would allow a competitor to deduce the reporter’s operating 

costs. Moreover, for a facility where the CO2 received is 

wholly injected and is not mixed with any other supply of 
Page 76 of 97

CO2, such as a geologic sequestration project at a deep 

saline formation, the reporter may report the quantity of 

CO2 injected as the quantity of CO2 received. This amount 

can be determined from information that is reported at 

least annually as part of a facility’s UIC permit and made 

available to the public either through State websites or 

upon request from the public.

For these reasons, EPA finds that releasing the 12 

data elements on CO2 received would not likely result in 

substantial competitive harm, and EPA proposes to determine 

that this information does not qualify for confidential

treatment and will be considered to be non-CBI.

EPA is proposing to assign one data element to the 

“Unit/Process Operating Characteristics” data category

because it refers to an operating characteristic of the 

site.

• Source of the CO2 received according to the following 

categories: CO2 production wells, electric generating 

unit, ethanol plant, pulp and paper mill, natural gas 

processing, gasification operations, other 

anthropogenic source, discontinued enhanced oil and 

gas recovery project, and unknown.

The data element related to the source of CO2 received 

identifies the type of source that supplied the facility 

with CO2 in the reporting year, such as an ethanol plant. 

This data element does not include information that would 
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identify a specific facility or company that supplies the 

CO2 to the reporter, or the amount of CO2 provided by each 

supplier. This data element does not include information 

on CO2 prices or contract terms, the disclosure of which 

could allow competitors to ascertain the relative strength 

of their market position and to identify sources of 

competitive advantage (or disadvantage) among competitors. 

EPA finds that the release by EPA of the data element 

related to the source of CO2 received is not likely to cause 

substantial competitive harm, and EPA proposes to determine 

that it does not qualify for confidential treatment; it 

will be considered to be non-CBI. 

EPA is soliciting comments on EPA’s proposed 

determinations described above. When submitting a comment 

disagreeing with a proposed determination, please identify 

the specific data element(s) and provide detailed 

supporting information on why EPA’s proposed determination 

is not appropriate and why such data element(s) do or do 

not qualify as CBI.

D. Commenting on the Proposed Confidentiality 

Determinations and Data Category Assignments

By making confidentiality determinations prior to data 

reporting through this proposal and rulemaking process, 

potential reporters are able to submit comments identifying 
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data they consider sensitive and provide the rationales and 

supporting documentation they would otherwise submit for 

case-by-case confidentiality determinations. We seek 

comment on the confidentiality status of data elements in 

two direct emitter data categories (“Unit/Process ‘Static’ 

Characteristics That are Not Inputs to Emission Equations” 

and “Unit/Process Operating Characteristics That are Not 

Inputs to Emission Equations”) and three supplier data 

categories (“GHGs Reported,” “Production/Throughput 

Quantities and Composition,” and “Unit/Process Operating 

Characteristics”). We will evaluate claims of 

confidentiality before finalizing the proposed 

confidentiality determinations; however, this will be your 

only opportunity to substantiate your confidentiality 

claim. Where we make confidentiality determinations prior 

to data reporting through this proposal and rulemaking 

process, you will not be able to claim separately that 

certain data that has already been categorized as data to 

be released are CBI when you submit those data as part of a 

GHG emissions report under Part 98.

Please consider the following instructions in 

submitting comments on the data elements in these six

subparts.
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Please identify each individual data element you do or 

do not consider to be CBI or emission data in your 

comments. Please explain specifically how the public 

release of that particular data element would or would not 

cause a competitive disadvantage to a facility. Discuss 

how this data element may be different from or similar to

data that are already publicly available. Please submit 

information identifying any publicly available sources of 

information containing the specific data elements in 

question, since data that are already available through 

other sources would not be CBI. In your comments, please 

identify the manner and location in which each specific 

data element you identify is available, including a 

citation. If the data are physically published, such as in 

a book, industry trade publication, or federal agency 

publication, provide the title, volume number (if 

applicable), author(s), publisher, publication date, and 

ISBN or other identifier. For data published on a website, 

provide the address of the website and the date you last 

visited the website and identify the website publisher and 

content author.

If your concern is that competitors could use a 

particular input to discern sensitive information, 

specifically describe the pathway by which this could occur 
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and explain how the discerned information would negatively 

affect your competitive position. Describe any unique 

process or aspect of your facility that would be revealed 

if the particular data element you consider sensitive were 

made publicly available. If the data element you identify 

would cause harm only when used in combination with other 

publicly available data, then describe the other data, 

identify the public source(s) of these data, and explain 

how the combination of data could be used to cause 

competitive harm. Describe the measures currently taken to 

keep the data confidential. Avoid conclusory and 

unsubstantiated statements, or general assertions regarding 

potential harm. Please be as specific as possible in your 

comments and include all information necessary for EPA to 

evaluate your comments. 

IV. Proposal of CBI determinations for New Data Elements 

in Subparts II and TT

The Technical Corrections final rule includes 

amendments to 48 data elements in subparts FF, II, OO, and 

TT, including revising 17 data elements that are not inputs 

to equations and adding seven data elements that are not 

inputs to equations. As explained in Section II.D of this 

preamble, the revisions to the 17 non-input data elements 

do not change the information to be collected and therefore 
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do not affect the final confidentiality determinations for

these data elements in the Final CBI rule. This section 

sets forth EPA’s proposed confidentiality determinations 

for the seven new non-input data elements. These new data 

elements were added to subparts II and TT. 

We are proposing to categorize two of the seven new 

data elements in the “Calculation Methodology & 

Methodological Tier” data category. Because there was a 

categorical determination in the Final CBI Rule that this 

data category is emissions data, we are proposing these two 

data elements as emissions data. 

 Statement that biogas pressure is incorporated into 

monitoring equipment internal calculations. (Subpart 

II: Calculation Methodology & Methodological Tier).

 The calendar year for which the data elements in 40 

CFR 98.466(b) apply. (Subpart TT: Calculation 

Methodology & Methodological Tier).

We are proposing to categorize one of the seven new 

data elements in the “Test & Calibration Methods” data 

category. Because there was a categorical determination in 

the Final CBI Rule that this data category is not CBI, we 

are proposing that this data element is not CBI. 

 If DOCx was determined by a 60-day anaerobic 

biodegradation test, specify the test method used. 

(Subpart TT: Test & Calibration Methods).
Page 82 of 97

EPA is proposing to categorize four of the seven new 

data elements in the two direct emitter data categories 

with no categorical confidentiality determination 

(“Unit/Process ‘Static’ Characteristics That are Not Inputs 

to Emission Equations” and “Unit/Process Operating 

Characteristics That are Not Inputs to Emission Equations” 

data categories). For these two data categories, EPA 

evaluated the individual data elements assigned to these 

categories to determine whether individual data elements 

qualify as CBI. In this section, EPA explains the data 

elements in these two categories and states the reasons for 

proposing to determine that each does or does not qualify 

as CBI under CAA section 114(c).

EPA proposes to determine that the four new data 

elements, which are all in subpart TT and listed below, are 

not CBI.

 If a methane correction factor (MCF) value other than 

the default of 1 is used, provide a description of the 

aeration system, including aeration blower capacity. 

 If an MCF value other than the default of 1 is used, 

the fraction of the landfill containing waste affected 

by the aeration. 

 If an MCF value other than the default of 1 is used, 

provide the total number of hours during the year the 

aeration blower was operated. 

 If an MCF value other than the default of 1 is used, 

provide other factors used as a basis for the selected 

MCF value. 
Page 83 of 97

These data elements describe the aeration system, the 

number of hours the aeration system was used, the capacity 

of the aeration blower, the fraction of landfill affected 

by aeration, and the factors used as the basis of the 

methane correction factor. These data elements do not 

provide insight into current production rates, raw material

consumption, or other information that competitors could 

use to discern market share and other sensitive 

information. Therefore, EPA proposes that they will not be 

protected as confidential business information and will be 

considered to be non-CBI. 

We are soliciting comments on the proposed categorical 

assignments for the seven new data elements in these 

subparts. If you believe that EPA has improperly assigned 

certain data elements in these subparts to the data 

categories, please provide specific comments identifying 

which data elements may be assigned incorrectly along with 

a detailed rationale for why they may be assigned 

incorrectly and in which data category they belong. 

V. Deferral of Inputs to Emission Equations for Subparts 

FF and TT and Amendment to Table A-6

Of the 48 subpart FF, II, OO, and TT data elements 

that are addressed in the Technical Corrections final rule, 

24 are inputs to emission equations. Of these, 21 are 
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revisions to existing inputs to emission equations that are 

addressed in the Final Deferral and included in Tables A-6 

and A-7 to subpart A of Part 98. As explained in Section 

II.D of this preamble, for 18 of the 21 inputs, the 

revisions do not affect the Final Deferral. For the 

remaining three inputs, however, which are in subpart TT, 

the revisions do re-numerate section references. These 

three equation inputs were added in the Final Deferral to 

Table-6 to subpart A. We are therefore proposing in this 

action to amend Table A-6 to re-numerate three subpart TT 

equation inputs as finalized in the Technical Corrections

final rule.

Of the 24 inputs to emission equations addressed in 

the Technical Corrections final rule, three are new data 

elements that we are proposing for the first time to add to 

the “Inputs to Emission Equations” data category. In this

action, we are proposing to defer the reporting deadline 

for the following three data elements to March 31, 2013. 

 Moisture content used in Equation FF-1 and FF-3. 

(Subpart FF: Inputs to Emission Equations).

 The gaseous organic concentration correction factor 

used, if Equation FF-9 was required. (Subpart FF: 

Inputs to Emission Equations).

 The methane correction factor (MCF) value used in the 

calculations. (Subpart TT: Inputs to Emission 

Equations). 
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As explained in Section II.A of the Final Deferral, 

EPA is deferring the reporting deadline until March 31, 

2013, rather than March 31, 2015, for certain data elements 

categorized as inputs to emission equations because our 

evaluations on the sensitivity of these data elements are 

less time-consuming or sufficiently far along in the inputs 

evaluation process, outlined in the memorandum to the Final 

Deferral docket, “Process for Evaluating and Potentially 

Amending Part 98 Inputs to Emission Equations,” to allow 

for data reporting in 2013. As with other equation inputs, 

EPA is in the process of evaluating the sensitivity of 

these three equation inputs, and we believe that we can 

complete our evaluation before March 31, 2013, the current 

reporting deadline for the equation inputs listed in Table 

A-6 of Subpart A. EPA is therefore proposing to add these 

inputs to Table A-6 to require their reporting by March 31, 

2013. 

In the Technical Corrections final rule, we added the 

two new subpart FF inputs to equations to the reporting 

requirements at 40 CFR Part 98.326(o). This regulatory 

paragraph is already included in Table A-6 for reporting by 

March 31, 2013, so we are not proposing in this action to 

amend Table A-6 to account for the new subpart FF inputs to 

equations. However, the new subpart TT equation input is 
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not yet included in Table A-6. We are therefore proposing 

in this action to amend Table A-6 to add it and require its 

reporting by March 31, 2013.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

and Executive Order 13563: Improving Regulation and 

Regulatory Review

Under Executive Order 12866 (58 FR 51735, October 4, 

1993), this action is a “significant regulatory action”

because it raises novel legal or policy issues. 

Accordingly, EPA submitted this action to the Office of 

Management and Budget (OMB) for review under Executive 

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

any changes made in response to OMB recommendations have 

been documented in the docket for this action. 

B. Paperwork Reduction Act

This action does not impose any new information 

collection burden. This action is administrative and does

not increase the reporting burden. However, the Office of 

Management and Budget (OMB) has previously approved the 

information collection requirements contained in these six

subparts, under 40 CFR part 98, under the provisions of the 

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

Information Collection Request (ICR) documents prepared by 
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EPA have been assigned the following OMB control numbers: 

2060-0650, for subparts L, DD, and SS; 2060-0649, for 

subparts RR and UU; and 2060-0647 for subparts FF, II, and 

TT. The OMB control numbers for EPA’s regulations in 40 

CFR are listed at 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a 

regulatory flexibility analysis of any rule subject to 

notice and comment rulemaking requirements under the 

Administrative Procedure Act or any other statute unless 

the agency certifies that the rule will not have a 

significant economic impact on a substantial number of 

small entities. Small entities include small businesses, 

small organizations, and small governmental jurisdictions.

For purposes of assessing the impacts of this reproposal 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; or (3) a small organization 

that is any not-for-profit enterprise which is 

independently owned and operated and is not dominant in its 

field. 
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After considering the economic impacts of this action

on small entities, I certify that this action will not have 

a significant economic impact on a substantial number of 

small entities. This action will not impose any new 

requirement 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 did not require facilities to 

install continuous emission monitoring systems (CEMS) if 

they did not already have them. Facilities without CEMS 

can calculate emissions using readily available data or 

data that are less expensive to collect such as process 

data or material consumption data. For some source 

categories, EPA developed tiered methods that are simpler 

and less burdensome. Also, EPA required annual instead of 

more frequent reporting. Finally, EPA continues to conduct 

significant outreach on the mandatory GHG reporting rule 

and maintains an “open door” policy for stakeholders to 

help inform EPA’s understanding of key issues for the 

industries.
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We continue to be interested in the potential impacts 

of this action on small entities and welcome comments on 

issues related to such effects.

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.

This action does not contain a Federal mandate that 

may result in expenditures of $100 million or more for 

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

the private sector in any one year. This re-proposal is 

administrative and does not increase the reporting burden. 

Thus, this action is not subject to the requirements of 

sections 202 or 205 of the UMRA.
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In developing Part 98, EPA consulted with small 

governments pursuant to a plan established under section 

203 of the UMRA to address impacts of regulatory 

requirements in the rule that might significantly or 

uniquely affect small governments. 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).

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. However, for a more 

detailed discussion about how Part 98 relates to existing 

State programs, please see Section II of the preamble to 

the final rule (74 FR 56266, October 30, 2009).

This action applies to facilities that directly emit 

greenhouses gases. It does not apply to governmental 

entities unless a government entity owns a facility that 

directly emits greenhouse gases above threshold levels, so 

relatively few government facilities would be affected. 
Page 91 of 97

This action also does not limit the power of States or 

localities to collect GHG data and/or regulate GHG 

emissions. Thus, Executive Order 13132 does not apply to 

this action.

In the spirit of Executive Order 13132, and consistent 

with EPA policy to promote communications between EPA and 

State and local governments, EPA specifically solicits 

comment on this proposed action from State and local 

officials. For a summary of EPA’s consultation with State 

and local organizations and representatives in developing 

Part 98, see Section VIII.E of the preamble to the final 

rule (74 FR 56371, October 30, 2009).

F. Executive Order 13175: Consultation and Coordination 

with Indian Tribal Governments

This action does not have tribal implications, as 

specified in Executive Order 13175 (65 FR 67249, November 

9, 2000). This re-proposal is administrative and does not 

increase the reporting burden. Thus, Executive Order 13175 

does not apply to this action. For a summary of EPA’s 

consultations with tribal governments and representatives, 

see Section VIII.F of the preamble to the final rule (74 FR 

56371, October 30, 2009). EPA specifically solicits 

additional comment on this proposed action from tribal 

officials.
Page 92 of 97

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

This action is not subject to Executive Order 13211 

(66 FR 28355, May 22, 2001), because it is not a 

significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and 

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

U.S.C. 272 note) directs 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 
Page 93 of 97

developed or adopted by voluntary consensus standards 

bodies. NTTAA directs EPA to provide Congress, through 

OMB, explanations when the Agency decides not to use 

available and applicable voluntary consensus standards.

This action 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

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 

this action will not have disproportionately high and 

adverse human health or environmental effects on minority 

or low-income populations because it does not affect the
Page 94 of 97

level of protection provided to human health or the 

environment. This action addresses only reporting and 

recordkeeping procedures.
Page 95 of 97

GHG Reporting Rule-Proposed Confidentiality Determinations 

for 10 Subparts

List of Subjects 40 CFR Part 98

Environmental protection, Administrative practice and 

procedure, Greenhouse gases, Reporting and recordkeeping 

requirements.

Dated:

Lisa P. Jackson, 

Administrator.
Page 96 of 97

For the reasons stated in the preamble, title 40, 

Chapter I, of the Code of Federal Regulations is proposed 

to be 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. Table A-6 to subpart A of part 98 is amended by 

revising the entries for subpart TT 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)

* * * * * * *

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(b)(3) Only fraction of CH4 in 

landfill gas.

TT 98.466(b)(4) Only the methane correction 

factor (MCF) value used in the 

calculations. 

TT 98.466(c)(1) All

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

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

TT 98.466(d)(2) All

TT 98.466(d)(3) Only degradable organic carbon 

(DOCx) value used in 

calculations.

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

* * * * * * *