SUPPORTING STATEMENT PART A: 

INFORMATION COLLECTION REQUEST 

FOR THE MANDATORY REPORTING OF GREENHOUSE GASES, SUBPARTS RR 

and UU: INJECTION AND GEOLOGICAL SEQUESTRATION OF CARBON DIOXIDE 

FINAL RULE 

EPA ICR No. 2372.02 

1. IDENTIFICATION OF THE INFORMATION COLLECTION 

 

1(a) Title of the Information Collection 

TITLE: “Mandatory Reporting of Greenhouse Gases (GHG Reporting Rule), Subparts 

RR and UU: Injection and Geological Sequestration of Carbon Dioxide – Final Rule.”

OMB Control Number: 2060-AP88 

1(b) Short Characterization/Abstract 

The United States (U.S.) Environmental Protection Agency (EPA) is amending the 

Mandatory Reporting of Greenhouse Gases Program at 40 CFR 98 to add reporting requirements 

covering facilities that conduct injection of carbon dioxide (CO2) (subpart UU) and geologic 

sequestration of CO2 (subpart RR). The new subparts enable EPA to track the flow of CO2 across 

the CCS system. Subpart UU information on CO2 received reconciled with CO2 supply 

information enables EPA to better understand the quantity of CO2 supply that is used for 

underground injection compared to the quantity supplied to other end-uses. Subpart RR 

information will provide a nationally consistent approach for quantifying CO2 sequestered, and 

monitoring the growth and efficacy of GS as a GHG mitigation technology to evaluate relevant 

policy options. 

Under subpart UU, all facilities that inject CO2 underground, regardless of the amount of 

emissions from the facility or the amount of CO2 injected, must report the mass of CO2 supply 

received for injection and the inputs used to calculate this quantity, and the source of the CO2, if 

known. 

Subpart RR requirements apply to all facilities that conduct geologic sequestration (GS) 

unless they receive approval from EPA for a GS Research and Development (R&D) waiver. 

Facilities covered by subpart RR source category must calculate the mass of CO2 geologically 

sequestered by subtracting total CO2 emissions from the annual mass of CO2 injected. Facilities 

that are conducting enhanced oil and natural gas recovery (ER) must additionally subtract the 

mass of CO2 produced from oil and gas production wells from the annual mass of CO2 injected. 

In the subpart RR regulations, facilities must report the mass of CO2 supply received for 

injection, the mass of CO2 injected, the annual mass of CO2 geologically sequestered, the inputs 

used to calculate these quantities. They will also be required to report source of the CO2 if known 

and the cumulative amount of CO2 geologically sequestered since the facility first reported under 

subpart RR. EPA is also requiring monitoring according to a site-specific monitoring, reporting, 

FINAL DRAFT 1 October 2010 
and verification (MRV) plan, which will be used to verify the amount of injected CO2 as 

sequestered and to quantify emissions in the event that injected CO2 leaks to the surface. 

2. NEED FOR AND USE OF THE COLLECTION 

 2(a) Need/Authority for the Collection 

EPA is extending the mandatory reporting program using its existing authority under 

§114 of the Clean Air Act (CAA). CAA §114(a) provides EPA broad authority to collect data for 

the purpose of, among other things, “carrying out any provision” of the Act. Under §114(a)(1), 

the Administrator may require emissions sources, persons subject to the CAA, or persons whom 

the Administrator believes may have necessary information to monitor and report emissions and 

provide such other information as the Administrator requests for the purposes of carrying out the 

provisions in the CAA. 

Further information on the authority provided under §114 of the CAA is contained in 

section I.C. of the preamble to the proposed Mandatory Reporting of Greenhouse Gases Rule 

(MRR) (74 FR 16448). 

The CAA provides EPA with broad authority to require the comprehensive and accurate 

information mandated in this rule because such data will inform, and are relevant to, EPA’s 

analyses of various CAA provisions. EPA may gather information for a variety of purposes, 

including for the purpose of assisting in the development of implementation plans or of 

emissions standards under CAA §111, determining compliance with implementation plans or 

such standards, or more broadly for “carrying out any provision” of the CAA. In addition, CAA 

§103 authorizes EPA to establish a national research and development program, including nonregulatory approaches and technologies for the prevention and control of air pollution as it 

relates to GHGs and climate change. 

 

The above discussion is not a comprehensive listing of all the possible ways the 

information collected under this rule could assist EPA in carrying out any provision of the CAA. 

Rather it illustrates how the information request fits within the parameters of EPA’s CAA 

authority. 

The information from CO2 injection and facilities that conduct geologic sequestration 

will allow EPA to make well-informed decisions about whether and how to use the CAA to 

regulate these facilities and encourage voluntary reductions. Because EPA does not yet know the 

specific policies that will be adopted, the data reported through the mandatory reporting system 

should be of sufficient quality to inform policy and program development. Also, the reporting 

rule covers a broad range of sectors of the economy. 

EPA has identified the following goals of the mandatory reporting system, including: 

• Obtain data that is of sufficient quality that it can be used to analyze and inform the 

development of a range of future climate change policies and potential regulations. 

FINAL DRAFT 2 October 2010 
• Balance the rule’s coverage to maximize the amount of emissions reported while 

excluding small emitters. 

• Create reporting requirements that are, to the extent possible and appropriate, 

consistent with existing GHG reporting programs in order to reduce reporting burden 

for all parties involved. 

2(b) Practical Utility/Users of the Data 

 

The rule provides EPA, other government agencies, industry, and the public with the 

ability to start tracking data on CO2 injected underground and CO2 sequestered. These data will 

provide information and transparency on the amount of CO2 injected and geologically 

sequestered in the United States and, in combination with other subparts of the MRR, will enable 

EPA to track the flow of CO2 across the entire CO2 capture and sequestration (CCS) system. 

Data on CO2 injection and GS will enable EPA to monitor the growth and efficacy of GS 

(and therefore CCS) as a GHG mitigation technology over time and to evaluate relevant policy 

options. For example, EPA will be able to track whether incentives or regulations are needed to 

encourage faster or further GS project development. EPA will also be able to track whether ER 

sites are transitioning to GS and consider whether incentives or regulations are needed. Where 

ER facilities are reporting GS, EPA will be able to evaluate ER as a potentially non-emissive end 

use. In combination with subpart PP, EPA will be able to reconcile this data with CO2 supplied 

in order to better understand the quantity of CO2 supplied to emissive and non-emissive end uses. 

Furthermore, this data will inform Agency policy decisions under CAA §§ 111 and 112 related 

to the use of CCS for mitigating GHG emissions. 

Accurate and timely information on carbon emissions is essential for informing CAA 

GHG policies and future climate change policy decisions. These data could also be coupled with 

efforts at the local, state, federal, and international levels to assist corporations and facilities in 

determining their carbon footprints and identifying further opportunities to reduce emissions. 

Standardization of GHG data will also be a benefit to industry. Once facilities invest in 

the institutional knowledge and systems to report emissions, the cost of monitoring should fall 

and the accuracy of the accounting should improve. A standardized reporting program will also 

allow for facilities to benchmark themselves against similar facilities to understand better their 

relative standing within their industry. 

The rule is not intended to be a survey and the respondents affected by the rule are not 

intended to be a statistical sample of a larger universe of entities. EPA does not intend to use the 

data collected under this rule to characterize non-reporting entities or to draw statistical 

inferences about a larger population. 

FINAL DRAFT 3 October 2010 
3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA 

 3(a) Nonduplication 

Before developing rule, EPA considered whether it could access the data needed for the 

purposes outlined through other inventory, reporting, and registry programs that exist, at the 

state, regional, and federal government levels. The Agency has determined that the CO2 injection 

and sequestration reporting program will supplement and complement, rather than duplicate, 

existing programs’ data. For example, EPA considered CO2 data needed for its Underground 

Injection Control (UIC) program’s new class of injection well – Class VI – for GS projects (73 

FR 43492 (July 25, 2008)). The UIC program is not designed to provide sufficient assurance that 

sequestered CO2 is not emitted to the atmosphere for GS facilities, and the reporting mechanism 

under the UIC program would not meet the Intergovernmental Panel on Climate Change (IPCC) 

guidelines (discussed below). Therefore, the GHG reporting rule builds on the UIC program 

requirements for monitoring with the additional goals of verifying the amount of CO2

sequestered and collecting data on any CO2 surface emissions from GS facilities. 

Documentation of EPA’s review of GHG (including CO2) monitoring protocols used by 

federal, state, and international voluntary and mandatory GHG programs, and the review of state 

mandatory GHG rules, can be found in the docket at EPA-HQ-OAR-2008-0508-056. The 

programs that specifically relate to monitoring and reporting CO2 injection and sequestration are 

described below: 

• As described above, EPA is finalizing a new rule under the UIC program for Class VI 

permit regulation to address the risks to USDWs from CO2 injection for GS. Data 

currently collected under a state-issued UIC permit is submitted to states while, under 

subparts RR and UU, reporters will be submitting data directly to EPA. Also, under 

subpart RR, any facility sequestering CO2 underground, regardless of their UIC permit 

classification can choose to qualify and report as a facility covered by subpart RR source 

category. In the Agency’s August 2009 Notice of Data Availability supplementing the 

UIC Class VI proposal, EPA noted that it was evaluating the need for a more 

comprehensive regulatory framework for GS. It is EPA’s intention to coordinate GS 

requirements across relevant statutory programs to increase regulatory clarity and 

improve the accuracy of GS data collected. 

• EPA also reviewed the Inventory of U.S. Greenhouse Gas Emissions and Sinks 

(Inventory), which is an assessment of national greenhouses gas emissions that the EPA 

prepares annually, with input from several other agencies, and submits to the Secretariat 

of the United Nations Framework Convention on Climate Change (UNFCCC). EPA 

currently follows the 1996 IPCC guidelines and accounts for CCS in the Inventory by 

making general, top-down assumptions about the fate of CO2 supplied. In contrast, the 

new rule requires a more robust and complex approach that calculates CO2 injection and, 

if applicable, sequestration. EPA anticipates that bottom-up facility-level reporting on 

FINAL DRAFT 4 October 2010 
injection and, if applicable, sequestration will lead to improvements in the quality of the 

Inventory. 

• The IPCC published new inventory guidelines in 2006 which directly address accounting 

for GS and include methodologies for the estimation of emissions from capture, transport, 

injection, and geologic sequestration of CO2. In order to meet the 2006 IPCC guidelines, 

the U.S. needs to collect specific CO2 end-use information at a high resolution, criteria 

that cannot be met by any existing CCS data collection efforts. EPA believes that the GS

monitoring, reporting, and verification requirements of this rule are consistent with the 

2006 IPCC guidelines and will help EPA transition to the IPCC 2006 guidelines. 

• In addition, the Agency examined the voluntary GHG registry that the U.S. Department 

of Energy’s (DOE’s) Energy Information Administration (EIA) implements under 

§1605b of the Energy Policy Act of 1992. Under EIA’s “1605(b) program,” reporters can 

choose to prepare an entity-wide GHG inventory and identify specific GHG reductions 

made by the entity. The 2007 updated 1605(b) guidance outlines a voluntary process to 

report data on CO2 sequestration. Currently, no CO2 injection or sequestration entity has 

reported under the 1605(b) program per the 2007 guidelines. Furthermore, although the 

1605(b) guidance cites the importance of reporting CO2 leakage should it occur, the 

guidance does not include a discussion of, procedures for, or methodologies for using 

monitoring technologies and techniques to quantify the leakage. As a result of this, and 

the fact that reporting is voluntary, the 1605(b) program would not meet the data needs of 

this rule or the 2006 IPCC guidelines. 

• The DOE also administers the Climate Vision program (Voluntary Innovative Sector 

Initiatives: Opportunities Now), whose goal includes accelerating the transition to 

technologies, practices, and processes that are capable of reducing, capturing, or 

sequestering GHGs. All voluntary reporting under the Climate Vision Program is covered 

under 1605(b), and as such, it also does not meet EPA’s needs for mandatory reporting. 

• EPA also reviewed the Internal Revenue Service (IRS) Notice 2009-83 Credit for Carbon 

Dioxide Sequestration under section 45Q. To claim the credit, a taxpayer must follow 

general monitoring and verification principles, calculate CO2 sequestered in the fiscal 

year using a mass-balance equation, and report to IRS the amount of qualified CO2

sequestered in the fiscal year. However, the level of reporting and transparency of the 

IRS data collected would not meet the verification needs of the rule. The IRS reporting 

requirement expires after 75 million metric tons of CO2 is reported as sequestered to IRS, 

data reporting is only as robust as to meet the standards in the case of an IRS audit, and 

the IRS does not outline procedures for quantifying and reporting any CO2 leakage that 

may occur as is necessary for the rule. Therefore, EPA has concluded that the IRS data 

would not meet the needs outlined in this rule. 

EPA intends to harmonize CCS requirements across relevant statutory or other programs 

in order to minimize any redundancy and any burden on reporters. To reduce burden on reporters 

and program agencies, the Agency will share emissions data with the exception of any 

FINAL DRAFT 5 October 2010 
confidential business information (CBI) data with relevant agencies or approved entities using, 

where practical, shared tools and infrastructure. 

 3(b) Public Notice Required Prior to Information Collection Request (ICR) 

Submissions to OMB 

As part of the Federal Register notice on the regulation, EPA solicited comments on the 

ICR for the proposed rule and the estimates in the proposed ICR. EPA also solicited comments 

on specific aspects of the information collection. EPA did not receive any comments that 

specifically addressed the ICR. However, the Agency did receive and consider comments on the 

reporting requirements of the proposed rule. The preamble to the final rule contains and 

summary of these public comments. 

In compliance with the Paperwork Reduction Act (44 USC 3501 et seq.), EPA submitted 

this ICR for the final rule to the Office of Management and Budget (OMB) for review and 

approval. 

3(c) Consultations 

During the development of the GHG Reporting Rule, EPA conducted a proactive 

communications outreach program to inform the public about the rule development effort. Prior 

to the proposal signature, EPA staff held more than 100 meetings with stakeholders, including: 

• Trade associations and firms in potentially affected industries/sectors; 

• State, local, and tribal environmental control agencies and regional air quality 

planning organizations; 

• State and regional organizations already involved in GHG emissions reporting, such 

as The Climate Registry, California Air Resources Board, and the Western Climate 

Initiative; and 

• Environmental groups and other nongovernmental organizations. 

EPA also met with federal agencies, including DOE and the U.S. Department of 

Agriculture, which have programs relevant to GHG emissions. 

The proposed GHG Reporting Rule was signed on March 10, 2009 by Administrator Lisa 

Jackson and published in the Federal Register on April 10, 2009 (74 FR 16448). EPA held two 

public hearings, on April 6 and 7, 2009, in Arlington, Virginia, and on April 16, 2009, in 

Sacramento, California. In addition, EPA met with over 4,000 additional people in over 150 

groups via webinars, conferences, individual meetings, and other forms of outreach. Details of 

these meetings are available in the docket (EPA-HQ-OAR-2008-0508). EPA issued a final rule 

on October 30, 2009 (74 FR 56260). 

FINAL DRAFT 6 October 2010 
During the sixty day comment period, EPA received approximately 16,800 comments, 

15,800 of which were identical mass mailers. EPA received many comments on subpart PP 

(Suppliers of CO2) that CO2 injected underground should be considered when estimating 

emissions from the CO2 supply industry. Some commenters specified that some of the CO2

supplied for the purposes ER is additionally sequestered rather than emitted and characterized 

ER operations as “closed systems” rather than emissive. Other commenters stated that including 

reporting requirements for geologically sequestered CO2 will fill a critical gap in the reporting 

system. 

EPA agrees that ER is a potentially non-emissive end use and that GS data reporting from 

ER sites can assist EPA in quantifying the amount of CO2 that is permanently and securely 

geologically sequestered. In addition, EPA agrees that GS reporting requirements will provide 

information and transparency on the amount of CO2 injected and geologically sequestered in the 

United States. 

Therefore, EPA is amending the GHG Reporting Rule to add subparts RR and UU. On 

March 22, 2010, Administrator Jackson signed a proposed rule for the mandatory reporting of 

GHGs from facilities that inject carbon dioxide underground for the purposes of GS or ER. 

The public comment period for this proposed rulemaking was open for 60 days after publication 

in the Federal Register. In addition, a public hearing on this proposal was held on April 19, 2010, 

in Arlington, Virginia. 

 3(d) Effects of Less Frequent Collection 

The reporting frequency for emissions data to EPA has been established to minimize the 

burden on owners and operators of affected facilities, while ensuring that the reporting rule 

collects facility-specific data of sufficient quality to achieve the Agency’s objectives. For entities 

required to report, the rule requires the submission of annual reports. EPA is requiring all CO2

injection facilities monitor and report the CO2 compositions and masses quarterly in order to 

account for fluctuations in the CO2 composition over the reporting year that are caused by the 

source of the CO2, the conditions of the capture and transportation, and the seasons of the year. 

If the information collection were not carried out on this schedule, the Agency will not be 

able to develop an informed tracking system of trends in CO2 injection and sequestration across 

the country. EPA needs the data quickly at the beginning of every reporting year in order to 

electronically verify it, publish it as authorized by the CAA, and use it for the purposes 

described. In addition, the annual reporting may eventually be used to climate policies and 

potential future regulations. 

 

3(e) General Guidelines 

This collection of information is consistent with all OMB guidelines under 5 CFR 

1320.6. 

FINAL DRAFT 7 October 2010 
 3(f) Confidentiality 

In general, emission data collected under §114 and §208 of the CAA cannot be declared 

CBI. However, if any CBI is reported under this GHG reporting rule, EPA would protect CBI in 

accordance with regulations in 40 CFR Chapter 1, part 2, subpart B. Although CBI 

determinations are usually made on a case-by-case basis, EPA has issued guidance on what 

constitutes emissions data that cannot be considered CBI (956 FR 7042 –7043, February 21, 

1991). 

 3(g) Sensitive Questions 

This information collection does not ask any questions concerning sexual behavior or 

attitudes, religious beliefs, or other matters usually considered private. 

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 

The respondents in this information collection include owners or operators of CO2

injection wells that must report in compliance with the rulemaking of their source categories. 

This section describes these CO2 source categories (industry sectors) that must participate in 

subpart RR or subpart UU of the MRR, the data items required of program participants, and the 

activities in which participants must engage to collect, assess, and in some cases submit the 

required data items. 

This section describes the industry sector (CO2 source categories) that must participate in 

subparts RR or UU of the MRR, the data items required of program participants, and the 

activities in which participants must engage to collect, assess, and in some cases submit the 

required data items. 

FINAL DRAFT 8 October 2010 
 4(a) Respondents/North American Industrial Classification Systems (NAICS) Codes 

Reporting facilities included in the subpart UU source category consists of any well or 

group of wells that inject a CO2 stream into the subsurface, including sub-seabed offshore. These 

wells include any wells to enhance oil and gas recovery or for GS R&D (including some Federal 

respondents), not included in this source category are the facilities that report under subpart RR. 

Subpart RR source category consists of any well or group of wells that inject a CO2 stream for 

long-term containment into a subsurface geologic formation, including sub-seabed offshore, at 

no threshold. However, facilities conducting ER and that not hold a UIC Class VI permit do not 

meet the definition of the subpart RR source category unless they choose to opt-in. Also, owners 

or operators of R&D wells may submit a request to receive an exemption from reporting under 

this source category. This source category does not include: (1) storage of CO2 above ground; (2) 

temporary storage of CO2 below ground; (3) transportation or distribution of CO2; (4) 

purification, compression, or processing of CO2; (5) capture of CO2; and (6) CO2 stored in 

cement, precipitated calcium carbonate (PCC), or any other technique that does not involve 

injection of CO2 into the subsurface. 

The industry sector is listed below by its subpart of the rule and its NAICS code for 

reference. 

Part and Subpart NAICS code(s)

CO2 Enhanced Oil and 

Gas Recovery Projects 

211 (Oil and gas extraction projects using CO2 enhanced oil and 

gas recovery) 

Acid Gas Injection 

Projects 

211111 or 211112 (Projects that inject acid gas containing CO2

underground) 

GS Projects N/A CO2 geologic sequestration projects 

 

 4(b) Information Requested 

(i) Data Items 

 Reporting Requirements 

The following is a summary of the information requested by facilities that will be subject 

to subpart RR and subpart UU: 

General requirements that apply to all sources. All respondents that belong to a source 

category in which all respondents report, including subpart RR and UU, must submit the general 

information required in 40 CFR 98.3 and adhere to the reporting, certification, and notification 

requirements in 40 CFR 98.4 and 40 CFR 98.2, if applicable. EPA is not making any changes to 

the reporting requirements contained in these sections. This information is described in the ICR 

for the Mandatory Reporting of Greenhouse Gases; Final Rule (EPA ICR No. 2300.03). In 

addition, many facilities that are affected by the supplemental rule have GHG emissions from 

FINAL DRAFT 9 October 2010 
multiple source categories of 40 CFR Part 98, and they must meet the reporting requirements of 

the specific subparts that describe these requirements. 

 

Data reporting requirements that apply to all facilities that are covered under 

Subpart RR. All facilities that meet the definition of this source category must report the 

following: 

1) If CO2 is received by pipeline, report the following for each receiving flow meter: 

a. The total mass of CO2 received (metric tons) annually. 

b. If a volumetric flow meter is used to receive CO2 report the following: 

(i) The volumetric flow through a receiving flow meter at standard 

conditions (in standard cubic meters) in each quarter. 

(ii) The volumetric flow through a receiving flow meter that is redelivered 

to another facility without being injected into your well (in standard 

cubic meters) in each quarter. 

(iii) The CO2 concentration in the flow (volume percent CO2/100) in each 

quarter. 

c. If a mass flow meter is used to receive CO2 report the following: 

(i) The mass flow through a receiving flow meter (in metric tons) in each 

quarter. 

(ii) The mass flow through a receiving flow meter that is redelivered to 

another facility without being injected into your well (in metric tons) in 

each quarter. 

(iii) The CO2 concentration in the flow (wt. percent CO2/100) in each 

quarter. 

d. If the CO2 received is wholly injected and not mixed with any other supply of 

CO2, report whether the monitoring procedures in §98.444(a)(4) were followed. 

e. The standard or method used to calculate each value. 

f. The number of times in the reporting year for which substitute data procedures 

were used to calculate values reported. 

g. Whether the flow meter is mass or volumetric. 

h. A numerical identifier for the flow meter. 

2) If CO2 is received in containers, report: 

a. The mass (in metric tons) or volume at standard conditions (in standard cubic 

meters) of contents in containers in each quarter. 

b. The concentration of CO2 of contents in containers (volume or wt. percent 

CO2/100) in each quarter. 

c. The total mass of CO2 received (in metric tons) annually. 

d. The standard or method used to calculate each value. 

e. The number of times in the reporting year for which substitute data procedures 

were used to calculate values reported. 

3) If more than one receiving flow meter is used, report the total mass of CO2 received 

(metric tons) through all flow meters annually. 

4) The source of the CO2 received according to the following categories: 

a. CO2 production wells. 

b. Electric generating unit. 

FINAL DRAFT 10 October 2010 
c. Ethanol plant. 

d. Pulp and paper mill. 

e. Natural gas processing. 

f. Gasification operations. 

g. Other anthropogenic source. 

h. Discontinued enhanced oil and gas recovery project. 

i. Unknown. 

5) Whether data collection began according to the approved MRV plan in a reporting year 

prior to this annual report submission. 

6) If yes is reported in paragraph (5) above, report the following. If this is the first year of 

reporting, report the following starting on the date data collection began according to the 

approved MRV plan. 

a. For each injection flow meter (mass or volumetric), report: 

(i) The mass of CO2 injected (metric tons) annually. 

(ii) The CO2 concentration in flow (volume or wt. percent CO2/100) in 

each quarter. 

(iii) If a volumetric flow meter is used, the volumetric flow rate at standard 

conditions (in standard cubic meters) in each quarter. 

(iv) If a mass flow meter is used, the mass flow rate (in metric tons) in 

each quarter. 

(v) A numerical identifier for the flow meter. 

(vi) Whether the flow meter is mass or volumetric. 

(vii) The standard used to calculate each value. 

(viii) The number of times in the reporting year for which substitute data 

procedures were used to calculate values reported. 

(ix) The location of the flow meter. 

b. The total CO2 injected (metric tons) in the reporting year as calculated in 

Equation RR-6. 

c. CO2 equipment leakage and vented CO2 emissions. 

(i) The mass of CO2 emitted (in metric tons) annually as equipment 

leakage or vented emissions from equipment located on the surface 

between the flow meter used to measure injection quantity and the 

injection wellhead. 

(ii) The mass of CO2 emitted (in metric tons) annually as equipment 

leakage or vented emissions from equipment located on the surface 

between the production wellhead and the flow meter used to measure 

production quantity. 

d. For each separator flow meter (mass or volumetric), report: 

(i) CO2 mass produced (metric tons) annually. 

(ii) CO2 concentration in flow (volume or wt. percent CO2/100) in each 

quarter. 

(iii) If a volumetric flow meter is used, volumetric flow rate at standard 

conditions (standard cubic meters) in each quarter. 

(iv) If a mass flow meter, mass flow rate (metric tons) in each quarter. 

(v) A numerical identifier for the flow meter. 

(vi) Whether the flow meter is mass or volumetric. 

FINAL DRAFT 11 October 2010 
(vii) The standard used to calculate each value. 

(viii) The number of times in the reporting year for which substitute data 

procedures were used to calculate values reported. 

e. The value for X (%) used in Equation RR-9 and as determined according to the 

EPA-approved MRV plan. 

f. Annual CO2 produced in the reporting year as calculated in Equation RR-9. 

g. For each leakage pathway through which CO2 emissions occurred, report: 

(i) A numerical identifier for the leakage pathway. 

(ii) The CO2 (metric tons) emitted through that pathway in the reporting 

year. 

h. Annual CO2 mass emitted (metric tons) by surface leakage in the reporting year as 

calculated by Equation RR-10. 

i. Annual CO2 (metric tons) sequestered in subsurface geologic formations in the 

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

j. Cumulative mass of CO2 (metric tons) reported as sequestered in subsurface 

geologic formations in all years since the well or group of wells became subject to 

reporting requirements under this subpart. 

k. Date that the most recent MRV plan was approved by EPA and the MRV plan 

approval number that was issued by EPA. 

l. An annual monitoring report that contains the following components: 

(i) A narrative history of the monitoring efforts conducted over the 

previous calendar year, including a listing of all monitoring equipment 

that was operated, its period of operation, and any relevant tests or 

surveys that were conducted. 

(ii) A description of any changes to the monitoring program that were 

concluded were not material changes warranting submission of a 

revised MRV plan under §98.448(d). 

(iii) A narrative history of any monitoring anomalies that were detected in 

the previous calendar year and how they were investigated and 

resolved. 

(iv) 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. 

m. If a well is permitted under the Underground Injection Control program, for each 

injection well, report: 

(i) The well identification number used for the Underground Injection 

Control permit. 

(ii) The Underground Injection Control permit class. 

n. If an offshore well is not subject to the Safe Drinking Water Act, for each 

injection well, report any well identification number and any identification 

number used for the legal instrument authorizing geologic sequestration. 

Facilities that meet the requirements of a subpart RR source category must develop an 

monitoring, reporting, and verification (MRV) plan, submit the MRV plan to EPA, receive an 

FINAL DRAFT 12 October 2010 
approved MRV plan from EPA, implement the EPA-approved plan, and submit annual reports. 

A MRV plan must contain the following components: 

1. Delineation of the maximum monitoring area and the active monitoring area. 

2. Identification and evaluation of the potential surface leakage pathways and an assessment 

of the likelihood, magnitude, and timing, of surface leakage of CO2 through these 

pathways in the MMA. 

3. A strategy for detecting and quantifying any surface leakage of CO2 in the event leakage 

occurs. 

4. An approach for establishing the expected environmental and operational baselines. 

5. A summary of considerations made to calculate site-specific variables for the mass 

balance equation. 

Data reporting requirements that apply to all facilities that are covered under Subpart UU. 

All facilities that meet the definition of this source category must report the following: 

1) If CO2 is received by pipeline, report the following for each receiving flow meter: 

a. The total mass of CO2 received (metric tons) annually. 

b. If a volumetric flow meter is used to receive CO2: 

i. The volumetric flow through a receiving flow meter at standard conditions 

(in standard cubic meters) in each quarter. 

ii. The volumetric flow through a receiving flow meter that is redelivered to 

another facility without being injected into your well (in standard cubic 

meters) in each quarter. 

iii. The CO2 concentration in the flow (volume percent CO2/100) in each 

quarter. 

c. If a mass flow meter is used to receive CO2: 

i. The mass flow through a receiving flow meter (in metric tons) in each 

quarter. 

ii. The mass flow through a receiving flow meter that is redelivered to 

another facility without being injected into your well (in metric tons) in 

each quarter. 

iii. The CO2 concentration in the flow (wt. percent CO2/100) in each quarter. 

d. The standard or method used to calculate each value. 

e. The number of times in the reporting year for which substitute data procedures 

were used to calculate values reported. 

f. Whether the flow meter is mass or volumetric. 

2) If CO2 is received in containers, report: 

a. The mass (in metric tons) or volume at standard conditions (in standard cubic 

meters) of contents in containers in each quarter. 

b. The concentration of CO2 of contents in containers (volume or wt. percent 

CO2/100) in each quarter. 

c. The total mass of CO2 received (in metric tons) annually. 

d. The standard or method used to calculate each value. 

e. The number of times in the reporting year for which substitute data procedures 

were used to calculate values reported. 

FINAL DRAFT 13 October 2010 
3) If more than one receiving flow meter is used, report the total mass of CO2 received 

(metric tons) through all flow meters annually. 

4) The source of the CO2 received according to the following categories: 

a. CO2 production wells. 

b. Electric generating unit. 

c. Ethanol plant. 

d. Pulp and paper mill. 

e. Natural gas processing. 

f. Gasification operations. 

g. Other anthropogenic source. 

h. Discontinued enhanced oil and gas recovery project. 

i. Unknown. 

Recordkeeping Requirements 

General requirements that apply to all sources. EPA is not making any changes to the 

general recordkeeping requirements that apply to all sources, including subparts RR and UU. 

This information is described in the ICR for the Mandatory Reporting of Greenhouse Gases; 

Final Rule (EPA ICR No. 2300.03). In addition, many facilities that are affected by the new rule 

have GHG emissions from multiple source categories of 40 CFR Part 98, and they must meet the 

reporting requirements of the specific subparts that describe these requirements. 

Recordkeeping Requirements that apply to all facilities that are covered under 

Subpart RR. All facilities that meet the definition of this source category must keep the 

following records in an electronic or hard-copy format (as appropriate): 

1. Retain quarterly records of CO2 received, including mass flow rate of contents of 

containers (mass or volumetric) at standard conditions and operating conditions, 

operating temperature and pressure, and concentration of these streams. 

2. Quarterly records of produced CO2, including mass flow or volumetric flow at standard 

conditions and operating conditions, operating temperature and pressure, and 

concentration of these streams. 

3. Quarterly records of injected CO2 including mass flow or volumetric flow at standard 

conditions and operating conditions, operating temperature and pressure, and 

concentration of these streams. 

4. Annual records of information used to calculate the CO2 emitted by surface leakage 

from leakage pathways. 

5. Annual records of information used to calculate the CO2 emitted as equipment leakage 

or vented emissions from equipment located on the surface between the flow meter 

used to measure injection quantity and the injection wellhead. 

6. Annual records of information used to calculate the CO2 emitted as equipment leakage 

or vented emissions from equipment located on the surface between the production 

wellhead and the flow meter used to measure production quantity. 

7. Any other records as specified for retention in the EPA-approved MRV plan. 

FINAL DRAFT 14 October 2010 
Recordkeeping Requirements that apply to all facilities that are covered under 

Subpart UU. All facilities must also keep the following records in an electronic or hard-copy 

format (as appropriate): 

1. Retain quarterly records of CO2 received for injection, including mass flow rate or 

contents of containers (mass or volumetric) at standard conditions and operating 

conditions, operating temperature and pressure, and concentration of these streams. 

 (ii) Respondent Activities 

The owner or operator of a facility that is subject to subpart RR must report total annual 

GHG emissions in metric tons of CO2. The primary tasks that reporting program respondents 

will perform include: 

1. Developing appropriate monitoring plans for each affected source and each affected 

unit at a source, as applicable; 

2. Operation and maintenance activities associated with the monitoring, including 

quality assurance activities; 

3. Ensuring data quality, preparing annual reports of emissions data, and submitting 

these reports to EPA; 

4. Potentially responding to questions or error messages from EPA; and 

5. Maintaining records for a minimum of three years. In addition, respondents must 

purchase the necessary monitoring hardware and purchase the electronic data 

reporting software (or software upgrades) if they had not done so for another 

reporting program. 

Reports must present the annual mass GHG emissions from each source category 

separately. The calculations used to determine GHG emissions, the frequency at which those 

calculations are required, the methods used to estimate missing data, and the QA/QC 

requirements depend on the specific source category. 

Facilities subject to subpart UU must report the mass of CO2 received for injection. It is 

anticipated that these data will be gathered from company records. 

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION 

METHODS, AND INFORMATION MANAGEMENT 

 5(a) Agency Activities 

EPA Headquarters activities associated with the rule include program start-up activities 

to prepare for receiving the reported data. These activities include database and software design, 

developing guidance and training affected sources, responding to stakeholders, and 

communication and outreach on the rule requirements. 

FINAL DRAFT 15 October 2010 
Once the reporting program is in place, EPA program operation activities will include 

monitoring and verification of emission reports, database and software maintenance, 

communication and outreach, and program evaluation. 

 5(b) Collection Methodology and Management 

EPA will establish a central repository of inventory data for all respondents. Respondents 

will report data electronically, and EPA will store the data in the database. The electronic format, 

which will reflect the underlying electronic data reporting system, will be developed prior to the 

first reporting date. By specifying in the rule text the exact information that must be reported but 

not specifying the exact reporting format, EPA informs reporters about exactly what information 

they must report and has flexibility to modify the electronic reporting format and electronic data 

reporting system in a timely manner based on implementation experience and new technology. 

EPA has used this approach successfully in existing programs, such as the Acid Rain Program 

and the Title VI Stratospheric Ozone Protection Program, facilitating the deployment of new 

reporting formats and reporting systems that take advantage of technologies such as eXtensible 

Markup Language (XML), and reduce the burden on reporters and the Agency. The electronic 

reports submitted under this rule are subject to the provisions of 40 CFR part 3, specifying EPA 

systems to which electronic submissions must be made and the requirements for valid electronic 

signatures. 

The Designated Representative must use an electronic signature device (e.g., a PIN or 

password) to submit a report. If the Designated Representative holds an electronic signature 

device that is currently used for valid electronic signatures accepted under another Agency 

program, EPA intends to design the new reporting system to also accept valid electronic 

signatures executed with that device where feasible. 

EPA’s reporting format for a given reporting year could make use of several ID codes – 

unique codes for a unit or facility. To ensure proper matching between databases, e.g., EPAassigned facility ID codes and the ORIS (DOE) ID code, and consistency from one reporting 

year to the next, we plan for the reporting system to provide each facility with a unique 

identification code to be specified by the Administrator. 

The Agency plans to publish data submitted or collected under this rulemaking through 

EPA's Web site, reports, and other formats (e.g., XML), with the exception of any CBI data. The 

data could be used by EPA and other agencies, and other organizations and stakeholders for air 

modeling, analyzing emissions by industry sector and region, informing future climate change 

policy decisions, and answering questions from the public. The new system will follow Agency 

standards for design, security, data element and reporting format conformance, and accessibility. 

In designing the data base, EPA will attempt to minimize respondents’ burden by integrating the 

new reporting requirements with existing data collection and data management systems, when 

feasible. 

FINAL DRAFT 16 October 2010 
 5(c) Small Entity Flexibility 

 

The Agency has determined that the rule will not have a significant economic impact on a 

substantial number of small entities and furthermore, will not impose any requirements on small 

entities. Currently EPA believes small ER operations will most likely be UIC Class II ER 

projects. Sequestering CO2 via injection wells is a voluntary action that will only be undertaken 

by a small entity if it were economically beneficial for the firm. Furthermore, GS of CO2 is still a 

scientifically complex activity, the cost of which is anticipated to be prohibitive to small entities. 

Therefore, it is anticipated that small firms would not elect to sequester CO2 via injection wells. 

Although this rule will not have a significant economic impact on a substantial number of 

small entities, EPA nonetheless took several steps to reduce the impact of this rule on small 

entities. For example, EPA is establishing monitoring and reporting requirements that build off 

of the UIC program. In addition, EPA is establishing equipment and methods that may already 

be in use by a facility for compliance with its UIC permit. Also, EPA is requiring annual 

reporting instead of more frequent reporting. 

 5(d) Collection Schedule 

Facilities must collect data and calculate emissions at varying frequencies, as described in 

the subpart RR and UU requirements. Facilities that must meet the subpart RR’s reporting 

requirements must submit GHG emission reports annually. EPA is requiring facilities that 

conduct GS to resubmit an updated MRV plan to EPA for approval at a minimum frequency of 

every five years from the first year of implementation. This is consistent with the frequency 

suggested by the IPCC. In general, the MRV plan should be revised as experience is gained over 

the course of the project and should keep pace with the development of monitoring instruments 

and methods. 

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

This section presents EPA’s estimates of the burden and costs to respondents associated 

with the activities described in Section 4 as well as the federal burden hours and costs associated 

with the activities described in Section 5(a). EPA estimates that, over the three years covered by 

this request, the total respondent burden associated with this reporting will average 4,794 hours 

per year and the cost to respondents of the information collection will average $884,493 per year. 

Section 6(a) of this ICR provides estimates of burden (hours) for all respondent types. 

Section 6(b) contains estimates of respondent costs for the information collection. Section 6(c) 

summarizes federal burden and costs. Section 6(d) describes the respondent universe and the 

total burden and cost of this collection to respondents. Section 6(e) presents the bottom line 

burden and cost. The burden statement for this information collection is in Section 6(f). 

FINAL DRAFT 17 October 2010 
6(a) Estimating Respondent Burden 

 Respondent burden estimates are presented in Exhibit 6.1. EPA estimates that the total 

annual burden to all affected entities is 4,794 hours per year over the three years covered by this 

information collection. EPA also estimated the number of responses, or actions taken as a result 

of the rule, per respondent (facility) per year; for facilities collecting samples on a daily basis, 

this means a minimum of 365 responses per year. Exhibit 6.1 presents aggregate burden by 

sector only; for the details of burden calculations, please see Appendix A (for Subpart RR) and 

Appendix B (for Subpart UU). 

6(b) Estimating Respondent Costs 

Costs to respondents associated with this information collection include labor costs (i.e., 

the cost of labor by facility staff to meet the rule’s information collection requirements) and nonlabor costs (e.g., the cost of purchasing and installing monitoring equipment or contractor costs 

associated with providing the required information). 

To calculate labor costs, EPA estimated technical, managerial, clerical, and legal loaded 

labor rates for each industry sector using labor rates from the Bureau of Labor Statistics[1] and 

applying a 60% loading factor[2]; these rates vary somewhat by sector. For Subpart RR, the labor 

rates are: $101.31 for industrial managers; $63.89 for industrial engineers/technicians; $29.65 for 

clerical staff; and $107.23 for geologists. Non-labor costs (capital and O&M) are presented in 

Exhibit 6-1 below. 

 

EPA estimates that the total annual cost to all affected non-federal entities is 

approximately $884 thousand over the three years covered by this information collection. Exhibit 

6.1 presents aggregate costs; for the details of EPA’s cost calculations, please see Appendix A. 

Exhibit 6.1 Annual Average Respondent Burden and Cost 

For the GHG Reporting Rule

No. 

Respondents

Responses/

Respondent

Total 

Responses

Average 

Burden per 

Response 

(hrs)

Total Burden 

(hrs)

Total Labor 

Cost ($K)

Capital Cost 

($K)

O&M Cost 

($K)

Total Cost 

($K)

RR. Injection of 

Carbon Dioxide 2 16.1 32 38.45 1,234 $133 $88 $244 $465

UU. Geological 

Sequestration 

of Carbon 

Dioxide

87 6.0 520 6.85 3,560 $224 $0 $196 $420

TOTAL 89 22 552 45 4,794 $357 $88 $439 $884

Source Category

Annual Average - 3 year ICR Period

 

[1] These rates reflect adjustments of the manufacturing sector's average productivity increase of 3.7% per year for 6 

quarters between 2006 Q2 and 2007 Q4, based on the estimate released by the Bureau of Labor Statistics in March 

2008.

[2] The ICR Handbook (November 2005) recommends using a multiplier of 1.6 to account for benefits and overhead 

related to government wages; this is considered a conservative estimate (potentially high) for the private sector. 

FINAL DRAFT 18 October 2010 
6(c) Estimating Agency Burden and Cost 

This section describes the burden and cost to the federal government associated with this 

information collection. Federal activities under this information collection include EPA 

Headquarters oversight of the reporting program and required reporting by federally owned GHG 

generating facilities. 

EPA burden and cost 

EPA activities associated with subparts RR and UU of the MRR include Headquarters 

oversight and implementation of the reporting program, e.g., monitoring and verification of 

emission reports, database and software maintenance, communication and outreach, and program 

evaluation. EPA estimates that Headquarters will devote up to 2 full time equivalents (FTEs), or 

4,160 hours to these activities. EPA will incur incremental costs for subparts RR and UU of 

approximately $344,000 for database and software design, developing guidance, training, 

responding to stakeholders, communication and outreach, contractor support and data base 

maintenance, and for third-party verification activities. 

In addition, the Federal government will burden associated with MRV plans and annual 

reports from DOE Federal facilities. 

To develop EPA labor costs, EPA estimates the average hourly labor rate for salary and 

overhead and benefits for Agency staff to be $50.14. To derive this figure, EPA multiplied the 

hourly compensation at GS-12, Step 5 on the 2008 GS pay scale ($31.34) by the standard 

government benefits multiplication factor of 1.6 to account for overhead and benefits. 

Burden and cost for federal facilities covered by the rule 

Exhibit 6.2 presents the annual burden and cost for federal facilities that must comply 

with the rule. 

Exhibit 6.2 Annual Agency Burden and Cost 

Information 

Collection 

Activity

Annual 

Responses

Total 

Annual 

Burden Labor Cost

Non-Labor 

Cost

Total Annual 

Cost

EPA Oversight 1 4,160 $208,582 $135,000 $343,582

DOE Facilities 9 492 $36,866 $20,304 $57,170

TOTAL 10 4,652 $245,448 $155,304 $400,752

FINAL DRAFT 19 October 2010 
6(d) Estimating the Respondent Universe and Total Burden and Costs 

The number of respondents in each sector that will perform the required activities under 

this information collection is presented in Exhibit 6.1. The required activities depend on whether 

the facility is a Class VI or a non-Class VI injection facility. These activities are described in 

Section 4(b) of this ICR. 

6(e) Bottom Line Burden Hours and Costs 

The bottom line burden hours and costs are shown in Exhibit 6.3. 

Exhibit 6.3 Bottom Line Annual Burden and Cost 

Number of Respondents 89

Total Annual Responses 552

Number of Responses per Respondent 6

Total Respondent Hours 4,794

Hours per Response 8.68

Annual O&M and Capital Cost $527,197

Total Respondent Cost (labor + non) $884,493

Total Hours (Respondents and agency) 9,445

Total Cost (Respondents plus Agency) $1,285,245

Note: Totals may not add due to independent rounding. 

6(f) Burden Statement 

The respondent reporting burden for this collection of information is estimated to average 

4,794 hours per year for a three year period, including a first year where initial and capital costs 

are anticipated, and two subsequent years in which identical annual costs are estimated. The 

average annual burden to EPA and other federal entities for this period is estimated to be 4,283

hours, which includes 4,160 hours for agency oversight activities and 492 hours for DOE Federal 

facilities that must comply with the rule. The annual public reporting and recordkeeping burden 

for this collection of information is estimated to average 8.68 hours per response. Burden means 

the total time, effort, or financial resources expended by persons to generate, maintain, retain, or 

disclose or provide information to or for a federal agency. This includes the time needed to 

review instructions; develop, acquire, install, and utilize technology and systems for the purposes 

of collecting, validating, and verifying information, processing and maintaining information, and 

disclosing and providing information; adjust the existing ways to comply with any previously 

applicable instructions and requirements; train personnel to respond to a collection of 

information; search data sources; complete and review the collection of information; and 

transmit or otherwise disclose the information. 

FINAL DRAFT 20 October 2010 
FINAL DRAFT 21 October 2010 

An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB control number. The OMB 

control numbers for EPA’s regulations are listed in 40 CFR part 9. 

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-OAR-2008-0508, which is available for online viewing at 

http://www.regulations.gov, or in person viewing at the Air and Radiation docket in the EPA 

Docket Center (EPA/DC), EPA West Building, Room 3334, 1301 Constitution Avenue, NW, 

Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading 

Room is (202) 566-1744, and the telephone number for the Air and Radiation docket is (202) 

566-1742. An electronic version of the public docket is available at http://www.regulations.gov. 

This site can be used to submit or view public comments, access the index listing of the contents 

of the public docket, and to access those documents in the public docket that are available 

electronically. When in the system, select “search,” then key in the Docket ID Number identified 

above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office 

of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk 

Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2008-0508 and 

OMB Control Number 2060-AP88 on any correspondence.