From: Suzanne Kocchi/DC/USEPA/US To: "Higgins, Cortney" < Cortney_Higgins@omb.eop.gov > Cc: Carole Cook/DC/USEPA/US@EPA, Barbora Master/DC/ USEPA/US@EPA, David Jacobson/DC/USEPA/US@EPA Date: 08/09/2011 10:59 AM Subject: Re: Interagency comments on RIN 2060-AQ70 Hi Cortney - Thanks. Adding Barbora and Lisa G to this email. They are the main points of contact. They should be in touc h. Thanks - Suzie

From: "Higgins, Cortney" < Cortney_Higgins@omb.eop.gov > To: Carole Cook/DC/USEPA/US@EPA, Suzanne Kocchi/DC/ USEPA/US@EPA Date: 08/09/2011 10:57 AM Subject: Interagency comments on RIN 2060-AQ70 Hi, Attached are some interagency comments on RIN 2060- AQ70, the Re-proposal of CBI for Eight Subparts under the Mandatory Repor ting of GHG Rule. In addition to these comments, can you also send th e memo titled “Docket EPA-HQ-OAR-2011-0028 Memo A” and referred to in the text? Finally, are the main POCs for the rule still Barb ora Master and David Jacobson? I want to make sure our ROCIS file is co rrect. Please let me know if you have any questions. Thanks, Cortney 202.395.7856[attachment "EO12866_GHGRP_Part_98_2060_AQ70_NPRM_EA_20110711_i nteragencycomments.doc"]*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review***

6560.50

EO12866_GHGRP Part 98 2060 AQ70 NPRM EA_20110711

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 2 [EPA-HQ-OAR-2011-0028; FRL- ]

RIN 2060-AQ70 Re-proposal of Confidentiality Determinations for E ight Subparts under the Mandatory Reporting of Greenhous e Gases Rule AGENCY: Environmental Protection Agency (EPA).

ACTION: Re-Proposal.

SUMMARY : This action re-proposes confidentiality determinations for the data elements in eight subpa rts finalized in November and December of 2010 as part of three separate amendments to the Mandatory Greenhouse Gas Reporting Rule. The confidentiality determinations were originally proposed in EPA’s July 7, 2010 "Proposed Confidentiality Determinations for Data Required un der the Mandatory Greenhouse Gas Reporting Rule and Propose d Amendment to Special Rules Governing Certain Inform ation

Obtained under the Clean Air Act."

DATES: Comments . Comments must be received on or before [INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICAT ION 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 To request a hearing, pl ease*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 3 of 113 contact the person listed in the FOR FURTHER INFORMATION

CONTACT section by [INSERT THE DATE 7 DAYS AFTER

PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL RE GISTER ]. Upon such request, EPA will hold the hearing on [IN SERT THE

DATE 15 DAYS AFTER PUBLICATION OF THIS PROPOSED RUL E IN THE

FEDERAL REGISTER ] in the Washington, DC area starting at 9 a.m., local time. EPA will provide further informa tion about the hearing on its webpage if a hearing is re quested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2011-0028, by one of the following m ethods:



### • 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 I D 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 com ments received will be included in the public docket with out change and may be made available online at http://www.regulations.gov , including any personal*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 4 of 113 information provided, unless the comment includes

information claimed to be confidential business inf ormation (CBI) or other information whose disclosure is rest ricted by statute. Do not submit information that you consider to be C BI or otherwise protected through http://www.regulatio ns.gov or e-mail. Send or deliver information identified as CBI to only the mail or hand/courier delivery address l isted above, attention: Docket ID No. EPA-HQ-OAR-2011-002 8. The http://www.regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the bo dy of your comment. If you send an e-mail comment direct ly to EPA without going through http://www.regulations.go v your e-mail address will be automatically captured and i ncluded 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 y our comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficult ies and cannot contact you for clarification, EPA may not b e able to consider your comment. Electronic files should avoid*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 5 of 113 the use of special characters, any form of encrypti on, 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 restri cted by statute. Certain other material, such as copyright ed material, will be publicly available only in hard c opy. Publicly available docket materials are available e ither electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West, Room B102 , 1301 Constitution Ave., NW., Washington, DC. This Docke t Facility is open from 8:30 a.m. to 4:30 p.m., Monda y through Friday, excluding legal holidays. The tele phone number for the Public Reading Room is (202) 566–174 4, and the telephone number for the Air Docket is (202) 56 6–1742.

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Prog rams (MC–6207J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telep hone number: (202) 343–9263; fax number: (202) 343–2342; e-mail address: GHGMRR@epa.gov . For technical information, contact the Greenhouse Gas Reporting Rule Hotline a t:*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 6 of 113 http://www.epa.gov/climatechange/emissions/ghgrule_ contactu

s.htm . Alternatively, contact Carole Cook at 202–343–92 63. 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 info rmation will also be available through the WWW on EPA’s gre enhouse gas reporting rule website at http://www.epa.gov/climatechange/emissions/ghgrulem aking.ht

ml

. SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations

. The following acronyms

and abbreviations are used in this document. BAMM Best Available Monitoring Methods CAA Clean Air Act CEMS continuous emission monitoring system CO 2 carbon dioxide CBI confidential business information CEMS Continuous Emission Monitoring System CFR Code of Federal Regulations EIA Energy Information Administration 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*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 7 of 113 NESHAP national emission standards for hazardous ai r

pollutants N 2 O 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 SF 6 sulfur hexafluoride UIC Underground Injection Control UMRA Unfunded Mandates Reform Act of 1995 U.S. United States WWW Worldwide Web

TABLE OF CONTENTS 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 E mission Equations” Data Category C. What is the rationale for re-proposing the CBI determinations for these eight subparts? III. Re-Proposal of CBI determinations for Eight S ubparts A. Overview B. Direct Emitter Data Categories C. GHG Supplier Data Categories D. Commenting on the Proposed Confidentiality Determinations and Data Category Assignments IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 8 of 113 F. Executive Order 13175: Consultation and Coordin ation with Indian Tribal Governments G. Executive Order 13045: Protection of Children f rom Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions that Significant ly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Ac t J. Executive Order 12898: Federal Actions to Addre ss Environmental Justice in Minority Populations and L owIncome Populations

I. General Information A. What is the purpose of this action? EPA is re-proposing confidentiality determinations for the data elements in eight subparts (I, L, W, DD, Q Q, RR, SS, and UU) of 40 CFR part 98 of the Mandatory Gree nhouse Gases Reporting rule (hereafter referred to as “Par t 98”). These eight subparts were finalized in November and December of 2010 as part of three separate amendmen ts to Part 98. Proposed confidentiality determinations f or data elements contained in the proposed subparts I, L, W , DD, QQ, RR, and SS were included in the July 7, 2010 pr oposed CBI determination notice (75 FR 39094; hereinafter referred to as the “July 7, 2010 CBI proposal”). However, a s explained in more detail in Section II.C of this pr eamble, because many data elements were added or significan tly changed since proposal, and portions of proposed su bpart RR were split off to create a new subpart UU, we are r eproposing for public comment the confidentiality*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 9 of 113 determinations for these data elements as finalized in the eight subparts. On May 26, 2011, EPA published the final CBI determinations for 35 Part 98 subparts in “Confiden tiality Determinations for Data Required Under the Mandator y Greenhouse Gas Reporting Rule and Amendments to Spe cial 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 ga ses (GHGs) and 11 for suppliers of GHGs and products co ntaining 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 th e eight subparts into the appropriate data categories creat ed in the Final CBI Rule. For a list of the data categor ies, see Section III.A of this preamble. This notice covers all of the data elements from the eight subparts except fo r those that are in the “Inputs to Emission Equations” data category. The covered data elements and their prop osed category assignments are listed by data category in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Me mo A.” As in the Final CBI Rule, this proposal does not ad dress data elements in the “Inputs to Emission Equations” data*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 10 of 113 category. The data elements in the “Inputs to Emis sion Equations” data category, including those in the ei ght subparts, were identified in “Change to the Reporti ng Date for Certain Data Elements Required Under the Mandat ory Reporting of Greenhouse Gases Rule,” published on D ecember 27, 2010 (75 FR 81350). In that action, EPA propos ed to defer reporting of the data elements in the “Inputs to Emission Equations” data category until March 31, 2 014. For easy reference, we have placed a list of the da ta elements in these eight 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”). B. Does this action apply to me? This proposal affects entities required to submit annual GHG reports under certain subparts of Part 9 8. The Administrator determined that this action is subjec t to the provisions of Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) apply to “such other actions as the Administrator m ay determine”). Part 98 and this action affect owners and operators of electronics manufacturing facilities, fluorinated gas production facilities, electric pow er systems, electrical equipment manufacturing facilit ies,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 11 of 113 carbon dioxide (CO 2 ) enhanced oil and gas recovery projects, acid gas injection projects, geologic sequestration projects, and petroleum and natural gas systems, as well as importers and exporters of pre-charged equipment an d closed-cell foams. Affected categories and entitie s include those listed in Table 1 of this preamble. Table 1. Examples of Affected Entities by Category Category NAICS Examples of affected facilities Electronics Manufacturing 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic

(solid-state) device manufacturing facilities. 334419 Liquid crystal display unit

screens manufacturing facilities. 334419 Micro-electro-mechanical

systems manufacturing 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 12 of 113 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. Petroleum and Natural Gas Systems 486210 Pipeline transportation of natural gas. 221210 Natural gas distribution

facilities. 211 Extractors of crude petroleum

and natural gas. 211112 Natural gas liquid extraction

facilities. CO 2 Enhanced Oil and Gas Recovery Projects 211 Oil and gas extraction projects using CO 2 enhanced recovery.

Acid Gas Injection Projects 211111

or 211112 Projects that inject acid gas

containing CO 2 underground.

Geologic Sequestration Projects N/A CO 2 geologic sequestration projects.

Table 1 of this preamble lists the types of entitie s that potentially could be affected by the reporting requirements under the eight subparts covered by th is proposal. However, this list is not intended to be exhaustive, but rather provides a guide for readers regarding facilities and suppliers likely to be aff ected by this action. Other types of facilities and supplie rs not listed in the table could also be subject to report ing requirements. To determine whether you are affecte d by*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 13 of 113 this action, you should carefully examine the appli cability criteria found in 40 CFR part 98, subpart A as well as 40 CFR part 98 subparts I, L, W, DD, QQ, RR, SS, and U U. If you have questions regarding the applicability of t his 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 tha t you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the d isk or CD ROM as CBI and then identify electronically with in the disk or CD ROM the specific information that is cla imed as CBI. In addition to one complete version of the co mment that includes information claimed as CBI, a copy of the

comment that does not contain the information claim ed as CBI must be submitted for inclusion in the public d ocket.

Information marked as CBI will not be disclosed exc ept in accordance with procedures set forth in 40 CFR part 2. Do not submit information that you consider to be C BI or otherwise protected through http://www.regulatio ns.gov or e-mail. Send or deliver information identified as CBI*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 14 of 113 to only the mail or hand/courier delivery address l isted above, attention: Docket ID No. EPA-HQ-OAR-2011-002 8. If you have any questions about CBI or the procedur es for claiming CBI, please consult the person identif ied 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, Fed eral Register date and page number). Follow directions. EPA may ask you to respond to specific questions or organize comments by referenc ing a CFR part or section number. Explain why you agree or disagree, and suggest alternatives and substitute language for your reque sted 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 deta il to allow us to reproduce your estimate. Provide specific examples to illustrate your concer ns and suggest alternatives. Explain your views as clearly as possible, avoiding*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 15 of 113 the use of profanity or personal threats. Make sure to submit your information and comments b y the comment period deadline identified in the prece ding

section titled DATES . To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to t his action in the subject line on the first page of you r 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 o f Atmospheric Programs, Climate Change Division, Mail Code 6207-J, Washington, DC, 20460, telephone (202) 343– 9263, email GHGReportingCBI@epa.gov. You are also encoura ged to send a separate copy of your CBI information to Car ole 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 GH G Reporting Rule for collecting information regarding GHGs from a broad range of industry sectors (74 FR 56260 ).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 16 of 113 Under Part 98 and its subsequent amendments, certai n 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 seq uester or otherwise inject CO 2 underground. For suppliers, this includes those that supply certain products that wo uld result in GHG emissions if released, combusted, or oxidized (“suppliers”). The data to be reported consists of GHG emission and supply information as well as other da ta, including information necessary to characterize, qu antify, and verify the reported emissions and supplied quan tities. In the preamble to Part 98, we stated, “Through a n otice and comment process, we will establish those data e lements 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 prov ided in comments, we may identify classes of information th at are not emissions data, and are CBI” (74 FR 56287, Octo ber 30, 2009). On July 7, 2010, (75 FR 39094) EPA proposed confidentiality determinations for Part 98 data ele ments and proposed amending EPA’s regulation for handling CBI to add specific procedures for the treatment of Part 9 8 data.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 17 of 113 The July 7, 2010 CBI proposal proposed confidential ity

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 sub parts 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 cove red proposed changes to the reporting requirements for some of the Part 98 subparts finalized in October 2009. Th ese changes were proposed in two separate rulemakings ( see 75 FR 18455, April 12, 2010; and 75 FR 33950, June 15, 2010). On August 11, 2010, EPA published another proposed amendment to Part 98 to change the description of s ome reported data elements and require reporting of som e new data elements for some of the Part 98 subparts fina lized in October 2009 (75 FR 48744; hereinafter referred to as the “August 11, 2010 revisions proposal”). EPA issued a supplemental CBI proposal that proposed confidentia lity

determinations for the new and revised data element s included in the August 11, 2010 revisions notice (7 5 FR 43889, July 27, 2010; hereinafter referred to as th e “July 27, 2010 supplemental CBI proposal”).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 18 of 113 On May 26, 2011, EPA issued the Final CBI Rule for the data elements in 35 Part 98 subparts that were cove red in the July 2010 proposals, except for those data elem ents 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 el ements in the 35 subparts to appropriate data categories. For 16 data categories (eight direct emitter data categori es and eight supplier data categories), EPA issued a categ orybased final CBI determination for all data elements within the category. For another five data categories (tw o direct emitter data categories and three supplier data categories), EPA determined that they are not “emis sion 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 e xplained in the preamble to that rule, EPA did not make cate gorical CBI determination for these five data categories bu t

instead evaluated and determined for individual dat a elements in these data categories whether they qual ify as CBI. As a result, each of these five categories co ntains

both data elements determined to be CBI and those determined not to be CBI. As explained in more det ail in Section II.B of this preamble, we did not take fina l action*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 19 of 113 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 dat a elements in seven subparts that had been proposed o r reproposed at the time of the July 7, 2010 CBI propos al (subparts I, L, W, DD, QQ, RR, and SS). EPA finali zed those seven subparts and subpart UU 1 in three separate actions. We finalized subpart W on November 30, 20 10 (75 FR 74458). On December 1, 2010, we finalized subpa rts I, L, DD, QQ, and SS (75 FR 74774), and subparts RR an d UU (75 FR 75060). These final eight subparts, which are c overed by today’s proposed action, are as follows:



### • Subpart I, Electronics Manufacturing



### • Subpart L, Fluorinated Gas Production



### • Subpart W, Petroleum and Natural Gas Systems



### • Subpart DD, Electrical Transmission and Distributio n 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 Dioxid e

1 EPA initially proposed subparts RR and UU as a sin gle subpart (subpart RR); however, as a result of public comments on sub part RR, EPA moved all definitions, requirements, and procedures for f acilities conducting only CO 2 injection (without geologic sequestration) into a new subpart (subpart UU). Subpart RR retained all definitions, requirements, and procedures related to facilities conducting geologi c sequestration.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 20 of 113



### • 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 eight subparts. B. Background on data elements in the “inputs to e mission equations” data category EPA received numerous public comments on the July 7 , 2010 CBI proposal and the July 27, 2010 supplementa l CBI proposal. In particular, EPA received comments tha t 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 equat ions, EPA took three concurrent actions, which are as fol lows:



### • 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 Eleme nts Required Under the Mandatory Reporting of Greenhous e Gases Rule; Proposed Rule, 75 FR 81350 (December 27 , 2010) (“proposed deferral”).



### • Interim Final Regulation Deferring the Reporting Da te for Certain Data Elements Required Under the Mandat ory Reporting of Greenhouse Gases Rule, 75 FR 81338 (December 27, 2010) (“interim final rule”).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 21 of 113 As explained in the proposed deferral notice, EPA h as determined that some of the comments on inputs to e mission equations “warrant in-depth evaluation of the poten tial impact from the release of inputs to emission equat ions, as

well as collection and review of additional informa tion, that cannot be completed before the March 31, 2011 reporting deadline” (75 FR 81350, 81353). We there fore issued the proposed deferral to defer the reporting deadline for data elements that are inputs to emiss ion equations. The deferral, if finalized, would “affo rd EPA additional time to complete this evaluation and tak e final actions regarding inputs to equations before these data elements are reported to EPA and potentially become subject to release.” Id. Because EPA needs time to comple te the deferral rulemaking, EPA concurrently issued the in terim 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 info rmation

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.

2 The reporting deadline for year 2010 data required under the Mandatory Reporting of Greenhouse Gases Rule has since been e xtended to September 30, 2011. See 76 FR 14812 (March 18, 2011).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 22 of 113 The proposed deferral and the call for information apply to all Part 98 data elements that EPA has cat egorized as inputs to emissions equations, including the inp uts to emission equations in the eight subparts subject to today's rule. The interim final rule, which provides a sho rt extension to the March 31, 2011 reporting deadline under Part 98, does not apply to these eight subparts (wh ich are not required to be reported until March 31, 2012). C. What is the rationale for re-proposing the CBI determinations for these eight subparts? EPA included the data elements in the proposed subparts I, L, W, DD, QQ, RR, and SS in the July 7, 2010 CBI proposal because EPA did not anticipate any sig nificant change to these data elements when finalizing these subparts. However, EPA received comments on these proposed subparts recommending significant changes to some o f 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 fi nal set of data elements in these seven subparts after thei r promulgation. After the subparts were promulgated, EPA evaluated the changes made between proposal and promulgation. It was clear that there were signifi cant changes to the data elements in these subparts sinc e*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 23 of 113 proposal. There were changes in the types of data to be submitted, and new data elements were added. The c hanges also included definition changes and clarifications as well as technical changes that affected many of the data reporting categories and data elements. Further, w e split off portions of the proposed subpart RR and created a new subpart UU. Given these significant changes, EPA a greed that an opportunity to comment on the confidentiali ty of data elements in these final eight subparts is warr anted. EPA is therefore re-proposing the confidentiality

determinations for the data elements in the final e ight subparts. Because this is a re-proposal, EPA is not respondin g to previous comments submitted on the July 7, 2010 CBI proposal relative to the data elements in these sub parts. Although EPA considered those comments when develop ing this re-proposal, we encourage you to resubmit such comm ents to ensure their consideration and response by EPA in t his rulemaking. In resubmitting previous comments, ple ase make any necessary changes to clarify that you are addre ssing the re-proposal and add details as requested above. III. Re-Proposal of CBI determinations for Eight S ubparts

A. Overview*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 24 of 113 We propose to apply categorical confidentiality

determinations made in the final CBI rule to the da ta elements in these eight subparts that are assigned to those categories. In this section, we are requesting com ment on two aspects of this proposal. First, we seek comme nt on the proposed data category assignment for each of t hese data elements. Second, for those data elements ass igned 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 categori es and assigned data elements in 35 subparts to approp riate data categories. In this re-proposal, EPA similarl y proposes to assign each data element in the final s ubparts I, L, W, DD, QQ, RR, SS, and UU to one of 21 data categories 3 based on the type and characteristics of the data element. For example, data elements that refe r to the amount and composition of raw material (excluding f uel) consumed as inputs to the production process have b een assigned to the “Raw Materials Consumed That Are No t Inputs

3 As previously mentioned, this proposal does not ad dress data elements in the “Inputs to Emission Equations” data category . For data elements in these eight subparts that are assigned to the “I nputs to Emission Equations” category, please see the Memorandum enti tled “[Docket EPAHQ-OAR-2011-0028 Memo B].”*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 25 of 113 to Emission Equations” data category. For a list o f 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 th e Final CBI Rule are sufficient in scope to cover the data elements in these eight 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, 20 10 CBI proposal. As mentioned earlier in this preamble and shown in Tables 2 and 3 of this preamble, in the Final CBI R ule, EPA made categorical confidentiality determinations (i. e., one determination that applies to all data elements in that category) for 16 data categories (eight direct emit ter data categories and eight supplier data categories). Fo r the remaining five data categories (two direct emitter data categories and three supplier data categories), EPA determined that they are not “emission data” for pu rposes of determining GHG emission to be reported under Pa rt 98 data elements but did not make categorical determin ations regarding their CBI status. The final categorical determinations described above would apply to the d ata*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 26 of 113 elements in the eight subparts that EPA assigns to these categories through this rulemaking. We are solicit ing comments on the proposed category assignments for t he data elements in these eight subparts. If you believe t hat EPA has improperly assigned certain data elements in th ese eight subparts to the data categories, please provi de specific comments identifying which data elements m ay be mis-assigned along with a detailed rationale for wh y they are not correctly assigned and in which data catego ry they belong. In addition, if you believe that a data el ement should be assigned to one of the five categories th at do not have a categorical confidentiality determinatio n, please also provide specific comment along with det ailed rationale and supporting information on whether suc h data element does or does not qualify as CBI. As mentioned above, for five data categories (two direct emitter data categories and three supplier d ata categories), we determined in the Final CBI Rule th at the data elements assigned to these data categories are not emission data for purposes of determining the GHG e missions to be reported under Part 98. However, for the rea sons stated in the preambles to the proposed and the Fin al CBI Rule, we made final CBI determinations for individu al data elements assigned to those categories. In making t hese*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 27 of 113 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 posi tion. See 40 CFR 2.208(e)(1). Consistent with that appro ach, we now propose to determine for individual data elemen ts in these five data categories whether they qualify as CBI. For EPA’s proposed CBI determinations for these dat a elements, please see Section III.B of this preamble for data elements in the two direct emitter data catego ries 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 i n these five categories. When submitting a comment disagre eing with a proposed determination, please provide detai led supporting information on why the individual data e lement does or does not qualify as CBI.

Tables 2 and 3 summarize the actions taken in the Final CBI Rule for 21 of the 22 data categories cre ated in that notice (excluding the “Inputs to Emission Equa tions” data category). Table 2. Summary of Final Confidentiality Determin ations for Direct Emitter Data Categories Data Category Confidentiality Determination for Data Elements in Each Category*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 28 of 113

Emission Data a Data That

Are Not Emission Data and Not CBI Data That

Are Not Emission Data But Are CBI b 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 X c

Unit/Process Operating Characteristics that are Not Inputs to Emission Equations X c X c

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, “emission data” are not ent itled to confidential treatment. The term “emission data” i s defined at 40 CFR 2.301(a)(2)(i). b Section 114(c) of the CAA affords confidential tre atment 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 29 of 113 Table 3. Summary of Final Confidentiality Determin ations for Supplier Data Categories

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b GHGs Reported X c X c Production/ Throughput Quantities and Composition X c X c

Identification Information X Unit/Process Operating Characteristics X c X c

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 X*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 30 of 113

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b and Vendor Data Submitted in BAMM Extension Requests

a Under CAA section 114, “emission data” are not ent itled to confidential treatment. The term “emission data” i s defined at 40 CFR 2.301(a)(2)(i). b Section 114(c) of the CAA affords confidential tre atment 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 For direct emitter subparts I, L, W, DD, RR 4 , and SS, EPA proposes to assign each data element to one of 10 direct emitter data categories. Please see in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Me mo A” for a list of the data elements in these subparts a nd their proposed category assignment. In the Final CBI Rul e, EPA made categorical confidentiality determinations for eight direct emitter data categories. EPA proposes to ap ply

those final determinations to the data elements ass igned to those categories in this rulemaking. For the data elements in the two direct emitter data categories that do n ot have categorical confidentiality determinations, we are

4 Subpart RR is neither a direct emitter nor a suppl ier source category. For the purposes of this action, EPA placed each su bpart RR data element into one of the two categories based on its type and characteristics.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 31 of 113 proposing on an individual data element basis wheth er or not they qualify as CBI. 5 The following two direct emitter data categories do not have category-based CBI determinations: “Unit/P rocess ‘Static’ Characteristics That are Not Inputs to Emi ssion Equations” and “Unit/Process Operating Characterist ics That are Not Inputs to Emission Equations.” For these t wo categories, EPA evaluated the individual data eleme nts assigned to these categories to determine whether individual data elements qualify as CBI. In the se ctions below, EPA explains the data elements in these two categories by subpart and states the reasons for pr oposing to determine that each does or does not qualify as CBI under CAA section 114(c). EPA is specifically soli citing 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 repor t submission are identified in bulleted lists. Any d ata elements that are part of subpart-specific Best Ava ilable Monitoring Methods (BAMM) use extension requests ar e discussed but not individually listed because they are

5 As mentioned above, EPA determined that data eleme nts in these two categories are not “emission data” under CAA sectio n 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 a pply to data elements in these eight subparts assigned to those categories through this rulemaking.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 32 of 113 repetitive (for example, there are several data ele ments that slightly differ by only a date or equipment ty pe), lengthy, and numerous. These data elements are lis ted individually by data category and proposed confiden tiality

determination in the Memorandum entitled “Docket EP A-HQOAR-2011-0028 Memo A.” In the subpart RR section b elow,

EPA also identifies in a bulleted list four data el ements for which we considered multiple approaches to maki ng a CBI

determination and one data element for which we con sidered multiple approaches to making a data category assig nment. We specifically request comment on the proposed app roaches for these five subpart RR data elements. 1. Subpart I – Electronics Manufacturing. The electronics manufacturing industry uses multipl e long-lived fluorinated greenhouse gases (fluorinate d GHGs), as well as nitrous oxide (N 2 O) during manufacturing of electronic devices, including, but not limited to, liquid crystal displays, microelectro-mechanical systems, photovoltaic cells, and semiconductors. Fluorinate d GHGs are used mainly for plasma etching of silicon mater ials, cleaning deposition tool chambers, and wafer cleani ng, but may be used in other types of electronics manufactu ring processes. Besides dielectric film etching and cha mber cleaning, much smaller quantities of fluorinated GH Gs are*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 33 of 113 used to etch polysilicon films and refractory metal films like tungsten. Additionally, some electronics manufacturing equipment may employ fluorinated GHG liquids as heat transfer fluids. Nitrous oxide may be the oxidizer of choice during deposition of silicon oxide films in manufacturing electronic devices. These electronic manufacturing steps are performed in carefully controlled process chambers containing th e silicon wafers and the fluorinated GHGs or N 2 O. Producing a finished wafer with multiple electronic devices (e. g., computer chips) may require depositing and etching fifty or more individual layers of material. The conditions under which the individual steps are performed, the abili ty of a facility to produce certain electronic features, an d the ability of a facility to produce a certain number o f

devices with a minimum number of defects at a certa in cost per unit, among other variables, will determine the competitive standing of a particular facility in th is industry. The Unit/Process “Static” Characteristics That are Not Inputs to Emission Equations data category. EPA is proposing to assign 13 subpart I data elemen ts to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 34 of 113 are basic characteristics of abatement devices and tools that do not vary with time or with the operations o f the process (and are not inputs to emission equations). These

13 data elements are:



### • For all F-GHG or N 2 O used at your facility for which you have not calculated emissions using Equations I -6 through I-10: Report a brief description of GHG us e. (Proposed as CBI)



### • Inventory of all abatement systems through which fluorinated GHGs or N 2 O flow at your facility. (Proposed as CBI)



### • Description of all abatement systems through which fluorinated GHGs or N 2 O flow at your facility.



### • Number of abatement devices of each manufacturer through which fluorinated GHGs or N 2 O flow at your facility. (Proposed as CBI)



### • Model numbers of abatement devices through which fluorinated GHGs or N 2 O flow at your facility.



### • Destruction or removal efficiencies, if any, claime d by manufacturers of abatement devices through which fluorinated GHGs or N 2 O flow at your facility.



### • Description of the tools associated with each abatement systems. (Proposed as CBI)



### • Model numbers of the tools associated with each abatement systems. (Proposed as CBI)



### • The tool recipe(s), process sub-type, or type associated with each abatement system. (Proposed a s CBI)



### • Certification that the abatement systems for which controlled emissions are being reported are specifically designed for fluorinated GHG and N 2 O abatement, including abatement system supplier documentation.



### • A description of the abatement system class for whi ch you are reporting controlled emissions.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 35 of 113



### • The manufacturer of the abatement system in the cla ss for which you are reporting controlled emissions.



### • The model number of the abatement system in the cla ss for which you are reporting controlled emissions. As discussed in more detail below, EPA is proposing that six data elements in the “Unit/Process 'Static ' Characteristics That are Not Inputs to Emission Equ ations” data category are CBI. (All of these are part of t he annual GHG report and are indicated in the parenthe ses in the bulleted lists above.) EPA is proposing to det ermine that the other data elements in this data category are not

CBI. EPA proposes to determine that the report of a brie f description of GHG use (40 CFR 98.96(g)) qualifies as CBI because disclosure of this information would likely cause substantial competitive harm to reporters. Subpart I lists five manufacturing processes in 40 CFR 98.96(a) tha t are common to the electronics manufacturing industry. If a reporter employs an uncommon process during manufac turing, then the reporter must instead report a description of the uncommon process (see 40 CFR 98.96(g)). As such, t his data element may cover novel, proprietary production met hods that may have been developed by the reporter, gener ally at great expense and time investment. Reporters devel op and use such methods because they improve manufacturing*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 36 of 113 efficiencies, reduce manufacturing costs, or improv e product performance, quality, or production rate, t hereby conferring a competitive advantage. Should competi tors gain knowledge of such a proprietary method and rep licate it, they could undercut the reporter’s competitive advantage, generally at less expense than the repor ter’s original development of this method. Therefore, EP A finds that releasing the report of a brief description of GHG use would likely result in substantial competitive harm , and EPA proposes to determine that this information wil l be protected as confidential business information. EPA also proposes to determine that the description , model numbers, and recipe(s), process sub-type, or process type of the tools associated with each abatement sy stem (40 CFR 98.98(p)) qualify for protection from disclosur e as CBI

because the release of this information would likel y cause substantial competitive harm to reporters. At a su bpart I facility, disclosure of the type of manufacturing t ools used for specific process steps would provide insig ht into how the reporter configures its facility and achiev es its specific manufacturing facility’s performance. If information on a reporter’s tool types and manufact uring steps is revealed, a competitor could use this info rmation to replicate the reporter’s manufacturing configura tion,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 37 of 113 thereby undercutting the competitive advantage that the reporter has built by achieving a higher level of manufacturing performance. Therefore, EPA finds th at releasing the description, model numbers, and recip e(s), process sub-type, or process type of the tools asso ciated with each abatement system would likely result in substantial competitive harm, and EPA proposes to d etermine that this information be protected as confidential. EPA also proposes to determine that the inventory o f abatement systems and the number of abatement syste ms by manufacturer (40 CFR 98.96(p)) qualify as CBI becau se the release of this information coupled with emission d ata would likely cause substantial competitive harm to reporters. The number of abatement systems at the facility (e.g., 20) coupled with the fraction of gas used by tools with abatement systems (e.g., 10 percent) can be us ed to reverse-engineer the number of tools at the facilit y (e.g., 20/0.1 = 200). Information on the type and number of tools at the facility coupled with production capacity co uld then enable competitors to reverse-engineer the reporter ’s approximate manufacturing cost (e.g., $/wafer produ ced) using the competitor’s own tool operating costs. Disclosure of this type of cost information has the potential to undermine competition within the indus try*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 38 of 113 because it could allow competitors to ascertain the relative strength of their market position and to identify s ources of competitive advantage (or disadvantage) in the i ndustry. This could encourage weaker competitors to leave th e industry prematurely or lead stronger competitors t o adopt anticompetitive practices (such as predatory pricin g) in an effort to force out weaker competitors. The fraction of gas used by tools with abatement systems, required to be reported under 40 CFR 98.96 (n), was assigned to the “Inputs to Emission Equations” data category as emission data in the proposed deferral. Consistent with existing Part 98 regulations and EP A’s regulatory actions to date, inputs to emission equa tions must be reported in future years and, as emission d ata, cannot be held confidential by EPA at that time. E PA finds that releasing information on the number of abateme nt systems would likely result in substantial competit ive harm

when that information is used in combination with e mission data that EPA must release once reported. As a res ult, EPA proposes to determine that information relating to the inventory of all abatement systems and the number o f abatement systems by manufacturer will be treated a s confidential.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 39 of 113 EPA proposes to determine that the remaining seven data elements in this data category are not CBI. D ata about the abatement systems other than the count, s uch as model number, type of gas abated, and manufacturer claims about destruction efficiency, are not distinct info rmation necessary to deduce competitive practices and do no t provide insight to competitors about the type and n umber of process tools used at the facility. Additionally, releasing a certification about the design of the a batement system would not likely cause substantial competiti ve harm because certification statements do not provide any insight into the design or operation efficiencies of the pl ant nor other information, e.g., market share, ability to i ncrease production to meet new increases in demand, or pric e structures the release of which would be likely to result in substantial competitive harm. Moreover, certifi cation statements will consist of only the language that E PA publicly provides in the data reporting tool and wi ll not include any facility- or process-specific informati on that could be considered proprietary. The “Unit/process Operating Characteristics That Ar e Not Inputs to Emission Equations” data category. EPA is proposing to assign 23 subpart I data elemen ts to the “Unit/process Operating Characteristics That Are Not*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 40 of 113 Inputs to Emission Equations” data category because they are characteristics of the abatement systems and ot her equipment, the facility conditions, and the product s manufactured that vary over time with changes in op erations and processes (and are not inputs to emission equat ions). Thirteen of these data elements are part of extensi on requests for the use of BAMM and generally relate t o the reasons for a request and expected dates of complia nce. Ten are part of the annual GHG report and are liste d here:



### • Annual manufacturing capacity of a facility as determined in Equation I-5.



### • For facilities that manufacture semiconductors, the diameter of wafers manufactured at a facility.



### • Film or substrate that was etched/cleaned and the feature type that was etched. (Proposed as CBI)



### • Certification that the recipes included in a set of similar recipes are similar.



### • When you use factors for fluorinated GHG process utilization and by-product formation rates other th an the defaults provided in Tables I-3, I-4, I-5, I-6, and I-7 and/or N 2 O utilization factors other than the defaults provided in Table I-8, certification that the measurements for all reported recipe-specific utilization and by-product formation rates and/or facility-specific N2O utilization factors were made in accordance with the International SEMATECH #0612482 5A– ENG (incorporated by reference, see 40 CFR 98.7), o r the International SEMATECH #01104197A– XFR (incorporated by reference, see 40 CFR 98.7) if measurements were made prior to January 1, 2007.



### • Destruction and removal efficiency measurement reco rds for abatement system through which fluorinated GHGs or N 2 O flow at your facility over its in-use life.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 41 of 113



### • Certification that the abatement system is installe d, maintained, and operated according to manufacturer specifications.



### • The fluorinated GHG and N 2 O in the effluent stream to the abatement system in the class for which you are reporting controlled emissions.



### • The total number of abatement systems in that abatement system class for the reporting year. (Proposed as CBI)



### • The total number of abatement systems for which destruction or removal efficiency was measured in t hat abatement system class for the reporting year. (Proposed as CBI) As discussed in more detail below, EPA is proposing that seven data elements in the “Unit/process Opera ting Characteristics That Are Not Inputs to Emission Equ ations” data category are CBI. (Three of these are part of the annual GHG report and are indicated in the parenthe ses in the bulleted lists above and four are part of BAMM use extension requests.) EPA is proposing to determine that the other data elements in this data category are n ot CBI. EPA proposes to determine that three of the 10 annu al GHG report data elements in this category are CBI. Specifically, EPA proposes to determine that the “f ilm or substrate that was etched/cleaned and the feature t ype that was etched” data element (40 CFR 98.96(f)(2)) is CB I

because the release of this information would likel y cause substantial harm to the competitive position of rep orters. Plasma etching, wafer cleaning, and chamber cleanin g are*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 42 of 113 three manufacturing processes used in the electroni cs manufacturing industry. The data element required by 40 CFR 98.96(f)(2) is equivalent to a description of t he specific processes (e.g., type of film or chamber c leaning processes, feature type etched) employed by the rep orter in the manufacturing of products. Each subpart I faci lity carefully guards this information because it provid es insight into the reporter’s process flow and proces s efficiencies that minimize product defects. If thi s information on the etching and cleaning processes w ere to be revealed, a competitor could undercut the compet itive advantage that the reporter has gained by developin g these efficiencies. Therefore, EPA finds that releasing the “film or substrate that was etched/cleaned and the feature type that was etched” data element would likely res ult in substantial competitive harm, and EPA proposes to d etermine

that this information will be treated as confidenti al

business information. EPA also proposes to determine that the total numbe r of abatement systems in an abatement system class ( (40 CFR 98.96(q)(5)(i)) is CBI because the release of this information coupled with emission data would likely cause substantial competitive harm to reporters. EPA fin ds that information relating to the number of abatement sys tems at*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 43 of 113 the facility (e.g., 20) coupled with the fraction o f gas used by tools with abatement systems (e.g., 10 perc ent) can be used to reverse-engineer the number of tools at the facility (e.g., 20/0.1 = 200). Information on the type and number of tools at the facility coupled with produc tion capacity could then enable competitors to reverse-e ngineer the reporter’s approximate manufacturing cost ($/wa fer produced) using the competitor’s own tool operating costs. Disclosure of this type of cost information has the potential to undermine competition within the indus try

because it could allow competitors to ascertain the relative strength of their market position and to identify s ources of competitive advantage (or disadvantage) among competitors. This could encourage weaker competito rs to leave the industry prematurely or lead stronger com petitors to adopt anticompetitive practices (such as predato ry pricing) in an effort to force out weaker competito rs. The data element related to the fraction of gas use d by tools with abatement systems (e.g., 10 percent) is required to be reported under the GHG Reporting Pro gram at 40 CFR 98.96(n), and it was assigned to the “Inputs to Emission Equations” data category as emission data in the proposed deferral. Consistent with existing Part 9 8 regulations and EPA’s regulatory actions to date, i nputs to*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 44 of 113 emission equations must be reported in future years and, as emission data, cannot be held confidential by EPA a t that time. Therefore, EPA finds that releasing informat ion on the number of abatement systems would likely result in substantial competitive harm because that informati on may be used in combination with emission data that EPA must release once reported. As a result, EPA is proposi ng to determine that information relating to the inventor y of all abatement systems and the number of abatement syste ms by

manufacturer will be treated as confidential busine ss information. The “total number of abatement systems for which destruction or removed efficiency was measured in t hat abatement system class for the reporting year” data element refers to the statistical sample size of abatement systems that the reporter analyzed in order to determine wi th sufficient statistical confidence the efficiency of all like abatement systems in that class. Subpart I sp ecifies that 20 percent of the total number of abatement sy stems must be analyzed every year. Therefore, a competit or could use statistical sample size data to determine the t otal number of abatement systems at the facility. Since EPA proposes that the total number of abatement systems is CBI, as described above, EPA finds that the statistical sample*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 45 of 113 size of abatement systems would likely cause substa ntial competitive harm if revealed and is, therefore, pro posed to

be treated as CBI. EPA proposes to determine that the other seven data elements in the “Unit/process Operating Characteris tics That Are Not Inputs to Emission Equations” data cat egory that are part of the annual GHG report are not CBI. EPA

finds that disclosure of the wafer size and the ann ual manufacturing capacity of a facility by EPA would n ot likely cause substantial competitive harm to report ers. This information is already publicly available thro ugh the

World Fab Forecast 6 , a subscription-based report containing in-depth analysis down to the detail of each fab, o r facility, in the semiconductor industry. The Forec ast is published and updated quarterly by SEMI, the global industry association serving the manufacturing supp ly chains for the microelectronic, display and photovo ltaic industries. EPA notes, however, that the Final CBI Rule that applies to the data elements in other subparts did not

finalize a CBI determination for data elements on production capacity assigned to the “Unit/process S tatic Characteristics That Are Not Inputs to Emission Equ ations” data category. For that final rule, EPA reviewed t he

6 http://www.semi.org/en/Store/MarketInformation/fab database/ctr_027238*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 46 of 113 available capacity information and determined that while those capacity data elements are generally publicly available, there may be facilities for which this d ata is not public. EPA is now proposing that the “annual manufacturing capacity of a subpart L facility” dat a element not be treated as confidential for the reas ons provided above, but EPA seeks comment on whether si milar conditions apply in this case.

The data element related to the measurement records of destruction and removal efficiency consists of reco rds of measurements that the reporter has taken of the aba tement system efficiency over its in-use life in order to assess the validity of the efficiency claims made by the a batement

device manufacturer at the time of sale. This is l imited to information about the performance of the abateme nt systems and does not include information about the operating conditions around the abatement system or the manufacturing tool to which it is attached. Destru ction efficiency information would not likely cause subst antial competitive harm if released because it does not pr ovide any insight into novel, proprietary production meth ods that may have been developed by the reporter, generally at great expense and time investment. Therefore, EPA propos es that this destruction efficiency information does not qu alify*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 47 of 113 for protection as CBI. It will be considered to be nonCBI.

The “fluorinated GHG and N 2 O in the effluent stream to the abatement system in the class for which you are reporting controlled emissions” data element descri bes the type of gas(es) exiting the manufacturing tool and entering

the abatement device. This data element does not i nclude information on the quantity of gas(es) produced or on the manufacturing tool that produces the gas(es). The type of fluorinated gas in the effluent stream would not li kely cause substantial competitive harm if released beca use it does not provide any insight into the costs of prod ucing semiconductors at the facility or any novel product ion methods that may have been developed by the reporte r to improve manufacturing efficiencies, reduce manufact uring costs, or improve product performance. Therefore, EPA proposes that this effluent stream data element doe s not qualify for protection as CBI. Therefore, EPA prop oses to

determine that this data element is non-CBI. Finally, EPA finds that releasing the three certification data elements would not likely cause competitive harm because certification statements a nd documents are general in nature, do not provide any insight into the design or operation efficiencies of the pl ant, and*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 48 of 113 do not reveal other information (e.g., market share , ability to increase production to meet new increase s in demand, price structures) that would likely result in substantial competitive harm. Moreover, EPA certif ication statements consist only of the language that EPA pu blicly provides in the data reporting tool and do not incl ude any facility- or process-specific information that coul d be considered proprietary. Therefore, EPA proposes to determine that these three data elements do not qua lify for protection as CBI, and finds them to be non-CBI. EPA proposes to determine that four of the 13 data elements included in BAMM use extension requests qu alify as CBI because their disclosure would likely cause sub stantial harm to the reporter’s competitive positions. (Eac h data element and its proposed category assignment are li sted by data category in the Memorandum entitled “Docket EP A-HQOAR-2011-0028 Memo A.”) Three of these data elemen ts reveal the reason for requesting a BAMM extension a nd the overall reason why equipment was not (or could not be)

installed. EPA has reviewed a number of BAMM use e xtension requests and determined that these three data eleme nts contain detailed information, such as process diagr ams and operational information, which could provide insigh t into configuration efficiencies that the reporter has de veloped,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 49 of 113 generally at great expense and time investment, to minimize manufacturing cost and to maximize the manufacturin g rate. If a competitor could review such information on th e reporter’s configuration, the competitor would be a ble to adopt the reporter’s efficiency practices with less development time or expense and would gain competit ive advantage at the expense of the reporter’s competit ive advantage. Therefore, EPA finds that releasing the reasons for requesting a BAMM use extension would likely re sult in substantial competitive harm, and EPA proposes to d etermine

that this information will be treated as CBI. We also propose to find that a fourth data element (40 CFR 98.94(a)(4)(ii)(D)) qualifies as CBI. This dat a element divulges when an owner or operator will be able to attain data, equipment, or measurements to comply w ith reporting requirements. This data element could re veal information about the installation date of equipmen t and the date of anticipated startup. This could provid e sensitive information regarding future process shut downs or capacity increases, and likely would cause substant ial competitive harm if disclosed because competitors c ould use this information to anticipate and potentially bene fit from future increases or decreases in product supply. F or example, a competitor able to anticipate the shutdo wn or*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 50 of 113 the increase in capacity of a reporter’s facility a nd resulting decrease or increase in product supply co uld use this information to attract customers from a report er by increasing its own production or by adjusting the p rice of its own products. EPA proposes to determine that the remaining nine d ata elements included in BAMM use extension requests do not qualify as CBI. These are narrow data elements tha t 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, two of these data elements are descriptions of how the facility will prepare to me et requirements at the end of the BAMM period. These data elements do not contain detailed information, such as process diagrams and operational information or any other information that would give insight for competitors to gain an advantage over the reporter. Rather, they are information on administrative activities and regula tory requirements to which the facility is subject that are not protected as proprietary by the reporting facilitie s. Therefore, EPA finds that these are not data elemen ts the disclosure of which would likely cause substant ial competitive harm and do not qualify for protection as CBI.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 51 of 113 EPA proposes to determine that these data elements 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 2. 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 eleme nt 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 no t vary with time or with the operations of the process (an d is not an input to an emission equation). The data elemen t is:



### • Location and function of the stream(s) (including process streams, emissions streams, and destroyed streams) that were analyzed under the initial scopi ng speciation of fluorinated GHG at 40 CFR 98.124(a), by process. (proposed as CBI) EPA proposes to determine that this data element wo uld likely result in substantial competitive harm if re leased*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 52 of 113 and therefore will be protected as confidential bus iness

information. EPA finds that this data element coul d provide insight into the manufacturing process and the configuration of the facility, such as which proces s equipment is sending streams to which process equip ment. This could reveal information about configuration efficiencies that the reporter has developed, gener ally at great expense and time investment, to minimize manufacturing cost and to maximize the manufacturin g rate. If a competitor could review such information on configuration, the competitor would be able to adop t the reporter’s efficiency practices with less developme nt time and expense and would gain competitive advantage at the expense of the reporter’s competitive advantage. Therefore, EPA finds that releasing the data elemen t 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 is

confidential. The “Unit/process Operating Characteristics That Ar e Not Inputs to Emission Equations” data category. EPA is proposing to assign 23 subpart L data elemen ts to the “Unit/process Operating Characteristics That are Not Inputs to Emission Equations” data category because they*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 53 of 113 are characteristics of units, equipment, abatement devices, and other facility-specific characteristics that va ry 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 expecte d dates 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 Opera ting Characteristics That Are Not Inputs to Emission Equ ations” 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 No t Inputs to Emission Equations” data category are not CBI. EPA proposes to determine that the annual GHG repor t data element in this category is not CBI. The Fede ral and State regulations that may apply to a fluorinated G HG destruction process or device are already part of t he public record as part of the facility’s Title V ope rating permit or minor source air emissions permit. Furth ermore,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 54 of 113 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 similar ly 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 d oes not qualify for protection as confidential business inf ormation

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 qu alify as CBI because their disclosure would likely cause sub stantial harm to the reporter’s competitive positions (each data element and its proposed category assignment are li sted by data category in the Memorandum entitled “Docket EP A-HQOAR-2011-0028, Memo A.”) Three of these data eleme nts reveal the reason for requesting a BAMM extension a nd the reason why equipment was not (or could not be) inst alled. EPA has reviewed a number of BAMM use extension req uests

and determined that these three data elements conta in detailed information, such as process diagrams and operational information. Process diagrams and oper ational information could provide insight into configuratio n efficiencies that the reporter has developed, gener ally at great expense and time investment, to minimize*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 55 of 113 manufacturing cost and to maximize the manufacturin g rate. If a competitor could review such information on th e reporter’s configuration, the competitor would be a ble to adopt the reporter’s efficiency practices with less development time or expense and would gain competit ive advantage at the expense of the reporter’s competit ive advantage. Therefore, EPA finds that releasing the reasons for requesting a BAMM use extension would likely re sult in substantial competitive harm, and EPA proposes to d etermine

that this information will be treated as confidenti al

business information. We also propose to find that four other data elemen ts that divulge when an owner or operator will be able to attain data, equipment, or measurements to comply w ith reporting requirements are eligible for confidentia l

treatment. These data elements could reveal inform ation about the installation date of equipment and the da te of anticipated startup. This could provide sensitive information regarding future process shutdowns, and likely would cause substantial competitive harm if disclos ed because competitors could use this information to anticipate and potentially benefit from future decr eases in product supply. For example, a competitor able to anticipate the shutdown of a reporter’s facility an d*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 56 of 113 resulting decrease in product supply, could use thi s information to attract customers away from a report er by increasing its own production or could adjust the p rice of its own products. EPA proposes to determine that the remaining 15 dat a elements included in BAMM use extension requests do not qualify as CBI. These are narrow data elements tha t 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 a re descriptions of how the facility will prepare to me et requirements by the end of the BAMM period. These data elements do not contain detailed information, such as process diagrams and operational information. Rath er, they

are information on administrative activities and re gulatory requirements to which the facility is subject that are not protected as proprietary by the reporting facilitie s. 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 protec ted as CBI. They will be considered non-CBI. Finally, three of these data elements are illustrat ive documentation such as photographs and engineering d iagrams*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 57 of 113 that demonstrate how access to process streams, emi ssions streams, or destroyed streams could not be gained w ithout process shutdown. Based on the type of documentati on that EPA has received, EPA finds that these illustrative diagrams and photographs sent by reporters generall y do not provide insight into the reporter’s production proc esses or operational efficiencies because they only show inf ormation that is relevant to the access point in question an d processes immediately upstream and downstream of th at access point. Therefore, EPA proposes to determine that disclosure of these data elements is not likely to cause substantial competitive harm; therefore, they do no t qualify for protection as CBI and will be considere d 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 3. Subpart W - Petroleum and Natural Gas Systems. Subpart W applies to facilities in eight segments o f the petroleum and natural gas industry that emit GH Gs*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 58 of 113 greater than or equal to 25,000 metric tons of CO 2 equivalent per year. These eight segments are:



### • Offshore petroleum and natural gas production (from offshore platform facilities),



### • Onshore petroleum and natural gas production (including equipment on or associated with a well p ad for drilling, extraction, separation, treating and other processes),



### • Onshore natural gas processing (separating and recovering natural gas liquids, non-methane gases, and other liquids),



### • Onshore natural gas transmission compression (use o f compressors to move natural gas in transmission pipelines from production or processing to distribution or storage),



### • Underground natural gas storage (subsurface storage of natural gas),



### • Liquefied natural gas (LNG) storage (liquefying natural gas to LNG and above ground storage of LNG) ,



### • LNG import and export facilities (onshore and offsh ore equipment importing or exporting LNG via ocean transport, including liquefaction of natural gas to LNG, storage of LNG, and re-gasification of LNG to natural gas), and



### • Natural gas distribution (distribution pipelines an d city gate stations operated by a local natural gas distribution company (LDC)). Subpart W provides methods for calculating GHG emissions from 21 source types, such as pneumatic d evice venting, equipment leaks, transmission storage tank s, and centrifugal compressor venting. The methods can be categorized broadly into three types; engineering estimation, use of emission factors, and direct*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 59 of 113 measurement. Engineering estimation means the use of engineering data, such as volume of the equipment, to

estimate emissions. Emission factors are used wher e either leak detection is conducted to determine leaking co mponent (a leaker factor is used) or when a population coun t of components is available (a population factor is use d). Finally, direct measurement involves the use of met ers and measurement equipment such as a high volume sampler or calibrated bags to physically measure the emissions rate. For a summary of the entire list of source types an d a determination of which source type applies to which segment, please see 40 CFR 98.232 (75 FR 74490, Nov ember 30, 2010). For a description of the emission calcu lation methods, please see 40 CFR 98.233 (75 FR 74490). The Unit/Process “Static” Characteristics That are Not Inputs to Emission Equations data category

. EPA is proposing to assign 18 subpart W data elemen ts to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they are basic characteristics of units, equipment, abat ement devices, and other facility-specific characteristic s that do not vary with time or with the operations of the process (and are not inputs to emission equations). These 18 data

elements are:*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 60 of 113



### • For each glycol dehydrator with throughput greater than or equal to 0.4 million standard cubic feet pe r day (MMscfd): what vent gas controls are used.



### • For each glycol dehydrator with throughput less tha n 0.4 MMscfd: report whether any vent gas controls ar e used.



### • Count of desiccant dehydrators.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: number of wellhead separators sending oil t o atmospheric tanks.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: count of hydrocarbon tanks at well pads.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: best estimate of count of stock tanks not a t well pads receiving your oil.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: count of tanks with emissions control measures, either vapor recovery system or flaring, for tanks at well pads.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: best estimate of count of stock tanks assum ed to have emissions control measures not at well pads , receiving your oil.



### • For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), total number of wells sending oil directly to tanks.



### • For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), total number of wells sending oil to separators off the well pads.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 61 of 113



### • For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), count of hydrocarbon tan ks on wellpads.



### • For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), count of hydrocarbon tan ks, both on and off well pads assumed to have emissions control measures: either vapor recovery system or flaring of tank vapors.



### • For wellhead gas-liquid separators and wells with throughput less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR 98.233(j) Equat ion W–15 of 40 CFR 98.233), number of wells without wellhead separators.



### • Number of wet seals connected to the degassing vent

.



### • For each enhanced oil recovery (EOR) injection pump blowdown, pump capacity in barrels per day.



### • For onshore petroleum and natural gas production an d natural gas distribution combustion emissions, cumulative number of external fuel combustion units with a rated heat capacity equal to or less than 5 million Btu per hour (mmBtu/hr), by type of unit.



### • For onshore petroleum and natural gas production an d natural gas distribution combustion emissions, cumulative number of external fuel combustion units with a rated heat capacity larger than 5 mmBtu/hr, by type of unit.



### • For onshore petroleum and natural gas production an d natural gas distribution combustion emissions, cumulative number of all internal combustion units, by type of unit. EPA proposes to determine that all 18 data elements that are part of the annual GHG report are not CBI. These

data elements include data about the count of vario us types of equipment, the capacity of this equipment, and t he

nature and count of abatement devices.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 62 of 113 Data on production and throughput 7 are made publicly available by the facility operator on an annual bas is through many published sources, including the Oil a nd Gas Journal Annual Survey, the Federal Energy Regulator y Commission, the U.S. Energy Information Administrat ion, and through proprietary databases available for purchas e. In addition, state oil and gas conservation agencies i n all states where enhanced oil and gas recovery occurs c ollect information on the quantities of oil and gas produc ed by well to calculate royalties. This information is r eported to EPA or states at least annually and made availab le to the public either through state websites or upon re quest from the public. Furthermore, the equipment used to produce, treat, store, and distribute petroleum and natural gas is listed in permits and compliance documents (e.g., pre-cons truction permits, operating permits, and underground storage tank registration) and/or physically visible on site eve n outside the fenceline at these operating sites. Oi l and gas companies routinely present information at indu stry conferences to public audiences on the type of equi pment

7 In the petroleum and natural gas industry, through put is the most significant piece of data that would provide insigh t into a reporter’s productivity, capabilities, and market share, and a nnual production is the key indicator of a reporter’s throughput. All data elements in this category are information that a competitor cou ld use to determine a reporter’s production and, by association, throug hput.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 63 of 113 they use (e.g., equipment for drilling, gas process ing, liquefaction, etc.), and equipment vendors routinel y present information on the capabilities and perform ance of their equipment (emissions reductions from vapor re covery units, plunger lifts, dry seal replacement in centr ifugal compressors, reduced emission completion equipment) . The U.S. EPA Natural Gas STAR Program has a repository of such details on its website (http:// www.epa.gov/gasstar ) for public reference. In addition, normal equipment ve ndors typically have information relating to their produc ts available on their website. Therefore, EPA finds t hat, since information for these data elements is public ly available, it will not be protected as confidential

business information and will be considered to be n on-CBI. Finally some of these data elements can be estimate d by using data that are publicly available. The dat a element about pump capacity, which will be reported by EOR operations in the onshore production segment only, can be back-calculated from the quantity of CO 2 injected because the pump capacity is proportional to the volume of CO 2 that the pump is pumping (i.e., the volume of CO 2 e reported). Therefore, if the volume of CO 2 that was pumped is known then the pump's capacity can be calculated as somew here between 150 to 200 percent greater to handle fluctu ations*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 64 of 113 in CO 2 loads. The quantity of CO 2 injected can be determined from Underground Injection Control (UIC) permits, which are issued for each injection well b y EPA or by states that have assumed primary enforcement aut hority for permitting injection wells. Information relate d to the permits is reported to EPA or states at least annua lly and made available to the public either through state w ebsites or upon request from the public. EPA notes, howeve r, that

the Final CBI Rule did not finalize a CBI determina tion for data elements on production capacity assigned to th e “Unit/process Static Characteristics That Are Not I nputs to Emission Equations” data category. For that Final Rule, EPA reviewed the available capacity information and determined that while those capacity data elements are generally publicly available, there may be faciliti es for which this data is not public. EPA is now proposin g that the subpart W pump capacity data element not be tre ated as confidential for the reasons provided above, but EP A seeks comment on whether similar conditions apply in this case. The two data elements about glycol dehydrators and the one data element about desiccant dehydrators are al ready publicly available for three of the four industry s egments that will report these data. For the natural gas processing segment, these data are published annual ly in Deleted: made*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 65 of 113 the Oil & Gas Journal Worldwide Gas Processing Surv ey. For the transmission compression segment, these data ar e published annually in the FERC Form 2 Major and Non -major Natural Gas Pipeline Report. For the LNG storage s egment, these data were published in a one-time study in 20 07 published by the Gas Technology Institute. 8 Finally, three data elements about the count of tanks, stock tanks , and hydrocarbon tanks with emissions control measures a re included in Title V permits as part of EPA’s Nation al Emission Standards for Hazardous Air Pollutants (NE SHAP) Subpart HH for Oil and Natural Gas Production requi rements, and Title V permits are publicly available.

Since these data elements are publicly available, the

information is found to be not confidential and wil l not be protected as CBI. The “Unit/process Operating Characteristics That Ar e Not Inputs to Emission Equations” data category. EPA is proposing to assign 29 subpart W data elemen ts to the “Unit/process Operating Characteristics That are Not Inputs to Emission Equations” data category because they are characteristics of equipment, such as wells and plunger lifts, abatement devices, and other facility-specif ic characteristics that vary over time with changes in

8 2007, The World Energy Source Book – Fourth Editio n, An Encyclopedia of the World LNG Industry, GTI 07/0002. Deleted: have been made*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 66 of 113 operations and processes (and are not inputs to emi ssion equations). Seventeen are part of extension reques ts for the use of BAMM, and generally relate to the reason s for a request and expected dates of compliance with repor ting requirements. Twelve are part of the annual GHG re port and

are listed here:



### • Count of wells vented to the atmosphere for liquids unloading.



### • Count of plunger lifts.



### • Total count of completions in calendar year.



### • Total count of workovers in calendar year.



### • Reported number of completions and workovers employ ing reduced emissions completions and engineering estim ate based on best available data of the amount of gas recovered to sales.



### • For gas well completions and workovers without hydraulic fracturing: total number of days of gas venting to the atmosphere during backflow for completion.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , range of concentrations of flash gas.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , range of concentrations of methane.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , range of concentrations of flash gas CO 2 .



### • If wellhead separator dump valve is functioning improperly during the calendar year, count of wellh ead separators that dump valve factor is applied.



### • Number of wells tested per basin in calendar year.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 67 of 113



### • Number of wells venting or flaring associated natur al gas in a calendar year.

As discussed in more detail below, EPA is proposing to determine that all data elements in this data categ ory are

non-CBI. EPA proposes to determine that all 12 data elements that are part of the annual GHG report are not CBI. These include data about the count of various types of eq uipment and the capacity of this equipment. Data on production and throughput 9 are made publicly available by the facility operator on an annual bas is through many published sources, including the Oil a nd Gas Journal Annual Survey, the Federal Energy Regulator y Commission, the U.S. Energy Information Administrat ion, and through proprietary databases available for purchas e. In addition, the count of and quantity of oil produced from individual wells is collected by state permitting a gencies and made publicly available through the individual websites of five of the eight states with currently active C O 2 EOR projects, and data at the field level are available on websites for two of the remaining three states.

9 In the petroleum and natural gas industry, through put is the most significant piece of data that would provide insigh t into a reporter’s productivity, capabilities, and market share, and a nnual production is the key indicator of a reporter’s throughput. All 12 data elements in this category are information that a competitor cou ld use to determine a reporter’s production and, by association, throug hput.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 68 of 113 Furthermore, the equipment used to produce, treat, store, and distribute petroleum and natural gas is listed in permits and compliance documents (e.g., pre-cons truction permits, operating permits, and underground storage tank registration) and/or physically visible on site eve n outside the fenceline at these operating sites. Oi l and gas companies routinely present information at indu stry conferences to public audiences on the type of equi pment they use, (e.g., equipment for drilling, gas proces sing, liquefaction, etc.) and equipment vendors routinely present information on the capabilities and performance of their equipment (emissions reductions from vapor recovery units, plunger lifts, dry seal replacement in centrifugal compressors, reduced emission completion equipment) . The U.S. EPA Natural Gas STAR Program has a repository of such details on its website (http:// www.epa.gov/gasstar ) for public reference. In addition, normal equipment ve ndors typically have information relating to their produc ts available on their website. An example of a data e lement that is already publicly available is data on the n umber of completions by operator at the individual well or f ield level. This information is published annually by t he Energy Information Administration (EIA) in the Offi cial Energy Statistics and by States, which provide oper ator*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 69 of 113 level completion data through State Oil and Gas

Commissions. Since information for these data elem ents is publicly available, it will not be protected as

confidential business information and will be consi dered

non-CBI. EPA proposes to determine that all 17 data elements included in BAMM use extension requests do not qual ify as CBI (each data element and its proposed category as signment is listed by data category in the Memorandum entitl ed “Docket EPA-HQ-OAR-2011-0028 Memo A.”) Seven of th ese data elements are descriptions of the data collection methodologies that cannot be followed or the monito ring

instruments that cannot be installed. Four of thes e data elements are descriptions of the facility’s efforts to secure the necessary equipment and services and descriptions of how the facility will prepare to meet requirements at the end of the BAMM period. Five o f these data elements are descriptions of the methods and d ates by which the necessary equipment and services will be secured.

These data elements do not contain detailed informa tion, such as process diagrams and operational informatio n, which could provide insight into facility-specific operat ing conditions or process design, or any other propriet ary or sensitive information that would give insight for Deleted: to be

Comment [A1]: This is unclear – could you rewrite to clarify?*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 70 of 113 competitors to gain an advantage over the reporter. Furthermore, subpart W has been designed so that pe troleum and natural gas systems do not need to shut down in order to install monitoring equipment or implement monito ring methodologies, so disclosure of equipment installat ion

dates will not reveal sensitive information about f acility shutdowns that could be used by competitors to incr ease market share. EPA proposes to determine that discl osure of these data elements is not likely to cause substant ial competitive harm. Therefore they are not eligible for protection as confidential business information 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 4. Subpart DD - Electrical Transmission and Distri bution Equipment Use. Subpart DD covers facilities that move electricity rather than produce or process a product. EPA is p roposing to assign three subpart DD data elements to the*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 71 of 113 “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they a re basic characteristics of equipment and facility-specific lines that do not vary with time or with the operations o f the process (and are not inputs to emission equations). These

three data elements are:



### • Nameplate capacity of equipment containing sulfur hexafluoride (SF 6 ) or perfluorocarbon (PFC) existing as of the beginning of the year (excluding hermeticall y sealed-pressure switchgear).



### • Transmission miles (length of lines carrying voltag e at or above 34.5 kilovolt).



### • Distribution miles (length of lines carrying voltag es at or below 35 kilovolt). EPA is proposing that all data elements in this dat a category are non-CBI. Nameplate capacity is the en gineered

volume of SF 6 or PFC contained in transmission and distribution equipment. Total nameplate capacity c an vary significantly from facility to facility depending o n the total number of pieces of equipment used, the age a nd manufacture of equipment, the location of the equip ment (e.g., urban vs. rural), climatic conditions, numbe r of

transmission or distribution miles within the facil ity, etc. Information about nameplate capacity does not provide insight into the performance (ability to transmit o r distribute electricity) or the operational efficien cy for*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 72 of 113 this type of facility that would likely cause subst antial competitive harm if disclosed. Therefore, the disc losure of the nameplate capacity data element is not likel y to cause substantial competitive harm, and EPA is prop osing it

as non-CBI. Moreover, data on transmission and distribution mil es is also publicly available in the Platts UDI Direct ory of

Electric Power Producers and Distributers 10 , which can be purchased by any interested party. Disclosure of t hese data by EPA does not provide any additional insight into facility-specific operating conditions or process d esign or to any other proprietary or sensitive information t hat would give insight for competitors to gain an advan tage over the reporter. Because this information is pub licly available, EPA proposes to determine that these dat a elements are not confidential; they will be conside red nonCBI EPA is soliciting comments on EPA’s proposed determinations described above. When submitting a comment disagreeing with a proposed determination, please i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination

10 http://www.platts.com/Products/electricpowerproduc erdirectory*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 73 of 113 is not appropriate and why such data element(s) do or do not qualify as CBI. 5. Subpart RR - Geologic Sequestration of Carbon D ioxide. 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 characteristic s. EPA assigned subpart RR data elements that pertain to s urface leakage to one of the direct emitter data categorie s and the remaining subpart RR data elements to one of th e supplier data categories. For the following five subpart RR data elements in the

direct emitter “Test & Calibration Methods” data ca tegory, 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 pathway s for CO 2 in the maximum monitoring area and the likelihood, magnitude, and timing, of surface leaka ge of CO 2 through these pathways; a strategy for detecting and quantifying any surface leakage of CO 2 ; a strategy for establishing the expected baselines for monitor ing CO 2 surface leakage; and a summary of the considerations intended to be used to calculate sit especific 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).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 74 of 113



### • Annual monitoring report: Description of any change s to the monitoring program that were not material changes warranting submission of a revised MRV plan (in annual monitoring reports).



### • Annual monitoring report: Narrative history of any monitoring anomalies that were detected in the previous calendar year and how they were investigat ed 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 injec ted CO 2 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 beca use they

are information about methods that are or were used to demonstrate that the injected CO 2 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 al l data elements in the “Test & Calibration Methods” catego ry are not entitled to CBI treatment. We evaluated whethe r the

level of detail and information in these documents will vary so much from reporter to reporter based on sit especific conditions that a confidentiality determin ation

cannot be made until the material is submitted and closely evaluated by EPA on a case-by-case basis. For the “MRV*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 75 of 113 plans and revised MRV plans” data element, EPA furt her evaluated whether some specific elements, methods, or supportive material are entitled to CBI treatment o r require case-by-case evaluation so that they should be broken out as their own data elements. Having cons idered these approaches, we nonetheless find that disclosu re by

EPA of the details in these five data elements woul d not provide insight to competitors about proprietary

information. These data elements reveal informatio n about monitoring techniques for which information is publ icly available in the scientific community about their effectiveness, such as in conference papers and pee r reviewed journal articles. The “MRV plans and revi sed MRV plans” data element does not contain the monitoring results that are obtained after implementation of the MRV p lan, or project information the disclosure of which is like ly to cause substantial competitive harm. For the discontinuation of reporting data element, the repo rter

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 avai lability upon EPA’s release of this information is not likel y to cause substantial harm to the reporter’s competitiv e position. Therefore, we are proposing that the fiv e data*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 76 of 113 elements listed above merit the same confidentialit y determination as the other data elements in the “Te st & 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 submit ted to EPA under subpart RR, including “MRV plans and revi sed MRV plans.” For the following subpart RR data element in the “Calculation Methodology and Methodological Tier” d ata category, EPA considered multiple approaches to mak ing a data category assignment:



### • Annual monitoring report: A description of any surf ace leakages of CO 2 , including a discussion of all methodologies and technologies involved in detectin g and quantifying the surface leakages and any assumptions and uncertainties involved in calculati ng the amount of CO 2 emitted. EPA considered assigning this data element to the “Calculation Methodology and Methodological Tier” d ata category, and EPA considered assigning it to the “T est & Calibration Methods” category, as was done with the other annual monitoring report data elements, and either following the category-wide non-CBI determination o r making a CBI determination on a case-by-case basis once th e*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 77 of 113 material is submitted and closely evaluated by EPA. Having considered these options, we ultimately determined that this data element provides the methodologies, techn ologies, and assumptions used by reporters to calculate the mass of

CO 2 emitted from surface leakage. Therefore, we are proposing to assign the data element to the “Calcul ation 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 therefor e not

entitled to confidential treatment. We seek commen t on this determination and any rationale for or against this approach. 6. Subpart SS - Electrical Equipment Manufacture o r Refurbishment. EPA is not proposing to assign any subpart SS data elements to the “Unit/process Static Characteristic s That are Not Inputs to Emission Equations” or the “Unit/ process Operating Characteristics That are Not Inputs to Em ission Equations” data category. The subpart SS data elements are listed individuall y by data category and proposed confidentiality deter mination*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 78 of 113 in the Memorandum entitled “Docket EPA-HQ-OAR-2011- 0028

Memo A.” C. GHG Supplier Data Categories For supplier subparts QQ, RR, and UU 11 , EPA is assigning each data element to one of eleven suppli er data categories. For the data elements in three data categories, we are proposing whether or not each da ta

element is entitled to confidential treatment. As mentioned above in section III.B of this preambl e, for the eight data categories with category-based f inal determinations, EPA will apply these determinations to all the data elements assigned to those categories from the eight subparts. We have not repeated the informati on on EPA’s decision process or listed each data element in these eight data categories in this preamble. EPA’s rati onale

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 inp uts to emission equations) for the data elements in these subparts, please see the Memorandum entitled “Docke t EPAHQ-OAR-2011-0028 Memo A.”

11 Subparts RR and UU are neither exclusively direct emitter nor supplier source categories. For the purposes of th is 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 79 of 113 With respect to the three supplier data categories

that have been determined not to be emission data b ut do not have category based confidentiality determinati ons (“GHGs Reported,” “Production/Throughput Quantities and Composition,” and “Unit/Process Operating Characteristics”), EPA evaluated the individual dat a elements in the eight subparts assigned to these ca tegories to determine whether they qualify as CBI. In the s ections below, EPA lists the data elements in the three cat egories by subpart and states the reasons for proposing to determine that these data elements do or do not qua lity as CBI under CAA section 114(c). EPA is emphasizing t hat we request comment on these proposals. 1. Subpart QQ - Importers and Exporters of Fluorin ated Greenhouse Gases Contained in Pre-charged Equipment or

Closed-cell Foams. EPA is proposing to assign ten 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 exporte rs. The importer and exporter data elements are identical e xcept for whether they are specific to importers or expor ters, so we have combined the analogous data elements in the five bullets in the list below to reduce repetition. No te that*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 80 of 113 all 10 data elements represented in this specific c ase are also in the “Production/Throughput Quantities and Composition” data category because the GHG reported is also the product being imported or exported. 12



### • Total mass of each fluorinated greenhouse gas (F-GH G) imported/exported in pre-charged equipment or close dcell foams.



### • Identity of imported/exported F-GHG used as a refrigerant or electrical insulator.



### • Identity of the imported/exported F-GHG contained i n 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 identityand mass of the fluorinated GHGs within the closedcell foam: total mass in metric tons of CO 2 e 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 c ategory 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 categor y, the 10 importer data elements and 10 exporter data elem ents are

12 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 81 of 113 identical except for whether they are specific to i mporters or exporters. Therefore, we have combined the anal ogous data elements in the 10 bullets in the list below t o reduce repetition.



### • Charge size (holding charge, if applicable) for eac h type of pre-charged equipment imported/exported.



### • Number of pre-charged equipment imported/exported.



### • Mass of the imported/exported F-GHG contained in th e 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 identityand 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 CO 2 e contained in the foam in each appliance.



### • If the importer/exporter does not know the identityand 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 identityand mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not imported/exported inside of appliances, the mass in CO 2 e of the fluorinated GHGs in the foam.



### • If the importer/exporter does not know the identityand 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 82 of 113 For subpart QQ, EPA is proposing that all data elements in the “GHGs Reported” and “Production/Thr oughput Quantities and Composition” data categories be cons idered CBI. These data categories contain importer- and e xporterlevel production information (mass, volume, density , quantity, or identity of the equipment or foam or fluorinated gas within the equipment or foam), repo rted separately for pre-charged equipment, closed-cell f oam, and for appliances that contain closed-cell foam. EPA proposes to determine that these importer- and exporter-leve l 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 bu sinesses reporting these data. Releasing these data could b e detrimental to the operational and marketing strate gies of the reporting parties, as explained in the followin g example.

The disclosure of the volume of foam or the count o f appliances or equipment exported provides insight i nto 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 g ain a competitive advantage over another firm by better*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 83 of 113 approximating a firm’s market share. Competitors m ay be able to drive struggling reporters out of business by implementing short-term price-cutting tactics. In many 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 ha rm the competitive position of reporting parties. As prev iously noted, EPA is proposing that all data elements in t hese two data categories (“GHGs Reported” and “Production/Th roughput Quantities and Composition”) are to be considered C BI. EPA is soliciting comments on EPA’s proposed determinat ions described above. When submitting a comment disagre eing with a proposed determination, please identify the specific data element(s) and provide detailed supporting inf ormation on why EPA’s proposed determination is not appropri ate and why such data element(s) do or do not qualify as CB I. EPA is proposing to assign eight data elements to t he “Unit/Process Operating Characteristics” data categ ory because they refer to the operating characteristics of the supplier, such as dates of shipment. Four data ele ments 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 bul lets appear in the list below to reduce repetition.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 84 of 113



### • Dates on which pre-charged equipment were imported/exported.



### • Dates on which closed-cell foams were imported/exported.



### • If the importer/exporter does not know the identityand mass of the fluorinated GHGs within the closedcell foam: Dates on which the closed-cell foams wer e imported/exported.



### • If the importer/exporter does not know the identityand mass of the fluorinated GHGs within the closedcell foam: Certification that the importer/exporter was unable to obtain information on the identity an d 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 dat a category are non-CBI. As explained below, EPA find s that the release of these data will not likely cause sub stantial competitive harm. Releasing a certification about the ability to obta in information would not likely cause substantial comp etitive harm because certification statements are general i n nature, do not provide any insight into the design or operation efficiencies of the plant, and do not rev eal other competitive information (e.g., market share, ability to increase production to meet new increases in dem and, or price structures). Moreover, certification stateme nts will consist of only the language that EPA publicly prov ides in the data reporting tool and will not include any fa cilityor process-specific information that could be consi dered*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 85 of 113 proprietary. Therefore, EPA proposes that certific ation

statements are not CBI. The other subpart QQ data elements in this data category are dates of import or export. Dates do n ot reveal information related to the type or quantity of product imported or exported, or to the operational strengths or weaknesses, operational capacity, or c ustomer base of the reporter. Dates of import or export wo uld not likely cause substantial competitive harm if releas ed because dates do not provide any insight into at wh at percent of capacity a firm is operating or into fin ancial performance, the release of which might allow compe titors to implement short-term price cutting tactics to ca pture the reporter’s market share. Therefore, EPA propos es that these data elements, the date of the import or expo rt, 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 86 of 113 2. Subpart RR - Geologic Sequestration of Carbon D ioxide. Subpart RR is neither a direct emitter nor a suppli er 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 le akage to one of the direct emitter data categories and the r emaining subpart RR data elements to one of the supplier dat a categories. EPA is proposing to assign nine data elements to th e “GHGs Reported” data category because they are the actual GHGs reported. Note that all nine of the data elem ents in this specific case are also in the “Production/Thro ughput Quantities and Composition” data category because t he GHG reported is also the product being used as a throug hput. 13



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually.



### • If you receive CO 2 in containers, report: The net mass of CO 2 received (in metric tons) annually.



### • If you use more than one receiving flow meter, repo rt the total net mass of CO 2 received (metric tons) through all flow meters annually.



### • For each injection flow meter (mass or volumetric), report: the mass of CO 2 injected annually.

13 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 87 of 113



### • Total CO 2 injected during the reporting year as calculated in Equation RR-6.



### • For each separator flow meter (mass or volumetric), report: CO 2 mass produced (metric tons) annually.



### • Annual CO 2 produced in the reporting year, as calculated in Equation RR-9.



### • Annual CO 2 sequestered in the subsurface geologic formations in the reporting year, as calculated by Equation RR-11 or RR-12.



### • Cumulative mass of CO 2 reported as sequestered in the subsurface geologic formations in all years since t he 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 CO 2 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 be low. Furthermore, five data elements about mass flow met ers and

five data elements about volumetric flow meters are identical except for whether they are specific to m ass or volumetric meters. Therefore, we have combined the ten analogous data elements into five bullets in the li st below to reduce repetition. The remaining seven data ele ments*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 88 of 113 that EPA proposes to assign to this data category e ach appear in the list below under an individual bullet

.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: planned annual CO 2 injection volumes during this time period.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(5): Volumetric/mass flow through a receiv ing flow meter at standard conditions in each quarter.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(5) of this section: The volumetric/mass f low through a receiving flow meter that is redelivered to another facility without being injected into your w ell in each quarter.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(5) of this section: CO 2 concentration in the flow in each quarter.



### • If you receive CO 2 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 CO 2 in containers, report: The concentration of CO 2 of contents in containers (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If you receive CO 2 in containers, report: The mass (in metric tons) or volume (in standard cubic meters) o f contents in containers that is redelivered to anoth er facility without being injected into your well in e ach quarter.



### • For each injection flow meter (mass or volumetric), report: CO 2 concentration in flow (volume or weight percent CO 2 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 89 of 113



### • For each separator flow meter (mass or volumetric), report: CO 2 concentration in flow (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If a volumetric/mass separator flow meter is used, volumetric/mass flow rate at standard conditions in each quarter.



### • The entrained CO 2 in produced oil or other fluid divided by the CO 2 separated through all separators in the reporting year (weight percent CO 2 expressed as a decimal fraction) used as the value for X in Equati on RR-9 and as determined according to your EPA-approv ed MRV plan. EPA proposes that all data elements in these two da ta categories (“GHGs Reported” and “Production/Through put Quantities”) are not CBI. As explained below, EPA finds that the release of these data will not likely caus e substantial competitive harm. Six of the data elements are facility-level and flo w meter-level information on the quantity of CO 2 injected. This information can be determined from Underground Injection Control (UIC) permits, which are issued f or each injection well by EPA or by states that have assume d primary enforcement authority for permitting inject ion wells. Information related to the permits is repor ted to EPA or states at least annually and made available to the public either through state websites or upon reques t from the public. Because this information is routinely publicly available, EPA finds that further disclosure of dat a*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 90 of 113 elements on CO 2 injection is not likely to cause substantial competitive harm to the reporter, and EPA proposes to

determine that this information will not be treated as confidential. Six of the data elements are facility-level and flo w meter-level information on the quantity of CO 2 produced. The reporters that are required to include this inf ormation in their annual reports inject CO 2 underground into oil or natural gas reservoirs via injection wells for the purpose of increasing crude oil production or enhancing rec overy of natural gas, and the CO 2 is then produced with oil and gas. State oil and gas conservation agencies in all stat es where enhanced oil and gas recovery is occurring collect information on quantities of oil and gas produced b y well to calculate royalties. This information is report ed to EPA or States at least annually and made available to the public either through state websites or upon reques t from the public. Moreover, incremental oil production f rom CO 2 injection is published in the biannual Oil & Gas Jo urnal Enhanced Oil Recovery survey. 14 Given the present level of reporting of production in the EOR industry just de scribed (i.e., information is made publicly available by st ates and in the biannual industry reports), EPA finds that C O 2

14 Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas Journal, Volume 108, Issue 14.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 91 of 113 production information does not provide additional insight into any aspect of operations the release of which might undercut any competitive advantage that the reporte r may enjoy. Because this information is publicly availa ble, EPA proposes to determine that this information will no t be

treated as confidential. Subpart RR facilities must report annual mass of CO 2 sequestered in the subsurface geologic formations i n the reporting year, as calculated by Equation RR-11 or RR-12.

These values are calculated from CO 2 injection, production, and emission data using a mass balance approach. A s discussed above in this section, CO 2 injection and CO 2 production data are already publicly available. In addition, CO 2 emission data are emission data and must be made publicly available. As a result, the quantity of CO 2 sequestered can be calculated from data that are al ready publicly available. Because this information may b e readily derived from information already publicly available, EPA has determined that its release of t he reported mass of CO 2 sequestered would not likely cause substantial competitive harm. For these reasons, E PA proposes to determine that this information is not eligible

for confidential treatment and will be considered t o be

non-CBI.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 92 of 113 Twelve of the data elements are facility-level and flow meter-level information on the quantity of CO 2 received. None of the data elements on CO 2 received

includes information on CO 2 prices or contract terms, such

as information on the concentration of other incide ntal

substances in the CO 2 stream, the disclosure of which could allow competitors to ascertain the relative strengt h of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors.

The data elements also do not include information t hat would allow a competitor to deduce the reporter’s o perating

costs. Moreover, as an example, for a facility where the C O 2 received is wholly injected and is not mixed with a ny other supply of CO 2 , such as a geologic sequestration project at a deep saline formation, the reporter may report the quantity

of CO 2 injected as the quantity of CO 2 received. This

amount can be determined from information that is r eported at least annually as part of a facility’s UIC permi t and made available to the public either through state w ebsites or upon request from the public. For the reasons d escribed in this paragraph, EPA finds that releasing the 12 data

elements on CO 2 received would not likely result in substantial competitive harm, and EPA proposes to d etermine*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 93 of 113 that this information does not qualify for confiden tial

treatment and will be considered to be non-CBI. EPA is proposing to assign nine data elements to th e “Unit/Process Operating Characteristics” data categ ory because they refer to the operating characteristics of the site, such as project duration and CO 2 source.



### • For submissions in support of a research and development (R&D) project exemption from reporting under subpart RR: The planned duration of CO 2 injection for the project.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The research purpo ses of the project.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The source and typ e of funding for the project.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The class of the underground injection control permit.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The duration of th e underground injection control permit.

• For submissions in support of an R&D project exempt ion 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 CO 2 received according to the following categories: CO 2 production wells, electric generating unit, ethanol plant, pulp and paper mill, natural g as processing, gasification operations, other anthropogenic source, CO 2 received from a discontinued enhanced oil and gas recovery project, and unknown.



### • For each injection flow meter, report the location of the flow meter.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 94 of 113



### • If a well is permitted by an Underground Injection Control program, report: Underground Injection Cont rol permit class. EPA is proposing that all data elements in this dat a category are non-CBI. As explained below, EPA find s that the release of these data will not likely cause sub stantial competitive harm.

Five of these data elements include basic informati on on the legal instrument authorizing geologic seques tration. For a facility permitted by the UIC program under a uthority of the Safe Drinking Water Act, information on the class and duration of the permit is already publicly avai lable in the UIC permit. For an offshore facility that is n ot subject to the Safe Drinking Water Act and therefor e does not need a UIC permit, the facility would be subjec t to other statutory authority authorizing the facility to conduct geologic sequestration. Since these five d ata elements contain public information, EPA finds that their release by EPA is not likely to cause substantial competitive harm; they do not qualify for confident ial

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 fund ing, and type of funding. These data elements do not includ e the amount of funding received. They do not provide in sight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 95 of 113 into the costs of sequestering CO 2 at the facility, the disclosure of which could allow competitors to asce rtain the relative strength of their market position and to identify sources of competitive advantage (or disad vantage) 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 inf ormation on its website about the Regional Carbon Sequestrat ion Partnership projects that it funds. 15 These projects also participate in public conferences at which they pre sent papers about their projects and findings. Since th is information is of the same nature for all projects, EPA finds that publication of such information by some projects demonstrates that disclosure of equivalent informat ion for all projects is not likely to cause substantial har m. Therefore, EPA proposes to determine that this info rmation is not eligible for confidential treatment; it will be

considered to be non-CBI.

The data element related to the source of CO 2 received identifies the type of source that supplied the fac ility

with CO 2 in the reporting year, such as an ethanol plant.

15 http://www.netl.doe.gov/technologies/carbon_seq/par tnerships/RCSP_Proje ctDescriptions.html*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 96 of 113 This data element does not include information that would identify a specific facility or company that suppli es the

CO 2 to the reporter, or the amount of CO 2 provided by each supplier. This data element does not include infor mation

on CO 2 prices or contract terms, the disclosure of which could allow competitors to ascertain the relative s trength of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors. Since revealing this data element does not provide competitors with an advantage, EPA proposes to dete rmine 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination 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 conduct ing only*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 97 of 113

CO 2 injection into a new subpart (subpart UU). Subpar t RR retains all definitions, requirements, and procedur es related to facilities conducting geologic sequestra tion. The explanation and a summary of major changes sinc e 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 suppli er 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 simi lar in type and characteristics to supplier data. EPA is proposing to assign three data elements to t he “GHGs Reported” data category because they are the actual GHGs reported. Note that all three of the data ele ments in this specific case are also in the “Production/ Thr oughput Quantities and Composition” data category because t he GHG reported is also the GHG being used as a throughput

. 16



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually.



### • If you receive CO 2 in containers, report: The net total mass of CO 2 received (in metric tons) annually.



### • If you use more than one receiving flow meter, repo rt the net total mass of CO 2 received (metric tons) through all flow meters annually.

16 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 98 of 113

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 CO 2 used as throughput at the site. Note that three of the data elements in this specific ca se are in the “GHGs Reported” data category list above bec ause the GHG reported is also the GHG being used as a throug hput. They are not repeated in the list below. Furthermo re,

three data elements about mass flow meters and thre e 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 repe tition. The remaining three data elements that EPA proposes to assign to this data category each appear in the lis t below

under an individual bullet.



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 : Volumetric/mass flow through a receiving flow meter at standard conditio ns in each quarter.



### • If you receive CO 2 by pipeline, report the following for each flow meter: If a volumetric/mass flow mete r is used to receive CO 2 : The volumetric/mass flow through a receiving flow meter that is redelivered to another facility without being injected into your w ell in each quarter.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 99 of 113



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 : CO 2 concentration in the flow in each quarter.



### • If you receive CO 2 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 CO 2 in containers, report: The concentration of CO 2 of contents in containers (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If you receive CO 2 in containers, report: The mass (in metric tons) or volume (in standard cubic meters) o f contents in containers that is redelivered to anoth er facility without being injected into your well in e ach quarter. EPA proposes that all data elements in these two da ta categories (“GHGs Reported” and “Production/Through put Quantities”) are not CBI. These data elements are facility-level and flow meter-level data for CO 2 received.

None of the data elements on CO 2 received includes

information on CO 2 prices or contract terms, such as

information on the concentration of other incidenta l

substances in the CO 2 stream, the disclosure of which could allow competitors to ascertain the relative strengt h of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors.

The data elements also do not include information t hat would allow a competitor to deduce the reporter’s o perating costs. Moreover, for a facility where the CO 2 received is*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 100 of 113 wholly injected and is not mixed with any other sup ply of

CO 2 , such as a geologic sequestration project at a dee p saline formation, the reporter may report the quant ity of

CO 2 injected as the quantity of CO 2 received. This amount can be determined from information that is reported at least annually as part of a facility’s UIC permit a nd made available to the public either through state websit es or upon request from the public. For these reasons, EPA finds that releasing the twe lve

data elements on CO 2 received would not likely result in substantial competitive harm, and EPA proposes to d etermine that this information does not qualify for confiden tial

treatment and will be considered to be non-CBI. EPA is proposing to assign one data element to the “Unit/Process Operating Characteristics” data categ ory because it refers to an operating characteristic of the

site.



### • Source of the CO 2 received according to the following categories: CO 2 production wells, electric generating unit, ethanol plant, pulp and paper mill, natural g as processing, gasification operations, other anthropogenic source, discontinued enhanced oil and gas recovery project, and unknown. The data element related to the source of CO 2 received identifies the type of source that supplied the fac ility

with CO 2 in the reporting year, such as an ethanol plant.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 101 of 113 This data element does not include information that would identify a specific facility or company that suppli es the

CO 2 to the reporter, or the amount of CO 2 provided by each supplier. This data element does not include infor mation

on CO 2 prices or contract terms, the disclosure of which could allow competitors to ascertain the relative s trength of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors. EPA finds that the release by EPA of the data eleme nt

related to the source of CO 2 received is not likely to cause substantial competitive harm, and EPA proposes to d etermine 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination 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 d ata reporting through this proposal and rulemaking proc ess,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 102 of 113 potential reporters are able to submit comments ide ntifying data they consider sensitive and provide the ration ales and supporting documentation they would otherwise submi t for case-by-case confidentiality determinations. We se ek comment on the confidentiality status of data eleme nts in two direct emitter data categories (“Unit/Process ‘ Static’ Characteristics That are Not Inputs to Emission Equ ations” and “Unit/Process Operating Characteristics That ar e Not Inputs to Emission Equations”) and three supplier d ata categories (“GHGs Reported,” “Production/Throughput Quantities and Composition,” and “Unit/Process Oper ating Characteristics”). We will evaluate claims of confidentiality before finalizing the proposed confidentiality determinations; however, this will be your only opportunity to substantiate your confidentiali ty claim. Where we make confidentiality determination s prior to data reporting through this proposal and rulemak ing process, you will not be able to claim separately t hat certain data that has already been categorized as d ata to be released are CBI when you submit those data as p art of a GHG emissions report under Part 98. Please consider the following instructions in submitting comments on the data elements in these e ight subparts.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 103 of 113 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 publ ic release of that particular data element would or wo uld not cause a competitive disadvantage to a facility. Di scuss how this data element may be different from or simi lar to data that are already publicly available. Please s ubmit information identifying any publicly available sour ces of information containing the specific data elements i n question, since data that are already available thr ough other sources would not be CBI. In your comments, please identify the manner and location in which each spec ific data element you identify is available, including a citation. If the data are physically published, su ch as in a book, industry trade publication, or federal agen cy 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 publis her 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 cou ld occur*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 104 of 113 and explain how the discerned information would neg atively affect your competitive position. Describe any uni que process or aspect of your facility that would be re vealed if the particular data element you consider sensiti ve were made publicly available. If the data element you i dentify would cause harm only when used in combination with other publicly available data, then describe the other da ta, identify the public source(s) of these data, and ex plain

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 r egarding potential harm. Please be as specific as possible in your comments and include all information necessary for EPA to evaluate your comments. IV. 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 act ion” because it raises novel legal or policy issues. Accordingly, EPA submitted this action to the Offic e of Management and Budget (OMB) for review under Execut ive*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 105 of 113 Orders 12866 and 13563 (76 FR 3821, January 21, 201 1) 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 a nd does not increase the reporting burden. However, the Of fice of Management and Budget (OMB) has previously approved the information collection requirements contained in th ese eight subparts, under 40 CFR part 98, under the pro visions of the Paperwork Reduction Act , 44 U.S.C. 3501 et seq . The Information Collection Request (ICR) documents prep ared by EPA have been assigned the following OMB control nu mbers: 2060-0650, for subparts I, L, DD, and SS; 2060-0649 , for subparts RR and UU; and 2060-0651, for subpart W. 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 th e Administrative Procedure Act or any other statute u nless the agency certifies that the rule will not have a significant economic impact on a substantial number of*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 106 of 113 small entities. Small entities include small busin esses, small organizations, and small governmental jurisdi ctions.For purposes of assessing the impacts of this reproposal on small entities, “small entity” is defin ed as: (1) a small business as defined by the Small Busine ss 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 w ith a population of less than 50,000; or (3) a small orga nization that is any not-for-profit enterprise which is independently owned and operated and is not dominan t in its

field. After considering the economic impacts of this acti on on small entities, I certify that this action will not have a significant economic impact on a substantial numb er of small entities. This action will not impose any ne w requirement on small entities that are not currentl y required by Part 98. EPA took several steps to reduce the impact of Part 98 on small entities. For example, EPA determined app ropriate

thresholds that reduced the number of small busines ses reporting. In addition, EPA did not require facili ties to install continuous emission monitoring systems (CEM S) if they did not already have them. Facilities without CEMS*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 107 of 113 can calculate emissions using readily available dat a or data that are less expensive to collect such as pro cess data or material consumption data. For some source categories, EPA developed tiered methods that are s impler and less burdensome. Also, EPA required annual ins tead of more frequent reporting. Finally, EPA continues to conduct significant outreach on the mandatory GHG reporting rule and maintains an “open door” policy for stakeholder s to help inform EPA’s understanding of key issues for t he

industries. We continue to be interested in the potential impac ts

of this action on small entities and welcome commen ts on

issues related to such effects. D. Unfunded Mandates Reform Act (UMRA)

Title II of the Unfunded Mandates Reform Act of 199 5 (UMRA), 2 U.S.C. 1531-1538, requires Federal agenci es, unless otherwise prohibited by law, to assess the e ffects of their regulatory actions on State, local, and tr ibal governments and the private sector. Federal agenci es must also develop a plan to provide notice to small gove rnments that might be significantly or uniquely affected by any regulatory requirements. The plan must enable offi cials of affected small governments to have meaningful and t imely input in the development of EPA regulatory proposal s with*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 108 of 113 significant Federal intergovernmental mandates and must inform, educate, and advise small governments on co mpliance 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 aggreg ate, or the private sector in any one year. This re-propos al is administrative and does not increase the reporting burden. Thus, this action is not subject to the requirement s of

sections 202 or 205 of the UMRA. In developing Part 98, EPA consulted with small governments pursuant to a plan established under se ction 203 of the UMRA to address impacts of regulatory requirements in the rule that might significantly o r uniquely affect small governments. For a summary o f EPA’s consultations with State and/or local officials or other representatives of State and/or local governments i n developing Part 98, see Section VIII.D of the pream ble 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 Sta tes, on the relationship between the national government an d the States, or on the distribution of power and*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 109 of 113 responsibilities among the various levels of govern ment, as specified in Executive Order 13132. However, for a more detailed discussion about how Part 98 relates to ex isting State programs, please see Section II of the preamb le to the final rule (74 FR 56266, October 30, 2009). This action applies to facilities that directly emi t greenhouses gases. It does not apply to government al entities unless a government entity owns a facility that directly emits greenhouse gases above threshold lev els, so relatively few government facilities would be affec ted. 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 ap ply to

this action. In the spirit of Executive Order 13132, and consist ent with EPA policy to promote communications between E PA and State and local governments, EPA specifically solic its comment on this proposed action from State and loca l officials. For a summary of EPA’s consultation wit h State and local organizations and representatives in deve loping 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 Coordin ation

with Indian Tribal Governments*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 110 of 113 This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, No vember 9, 2000). This re-proposal is administrative and d oes not increase the reporting burden. Thus, Executive Ord er 13175 does not apply to this action. For a summary of EP A’s consultations with tribal governments and represent atives, see Section VIII.F of the preamble to the final rul e (74 FR 56371, October 30, 2009). EPA specifically solicit s additional comment on this proposed action from tri bal

officials.

G. Executive Order 13045: Protection of Children f rom Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulator y actions that concern health or safety risks, such t hat the analysis required under section 5-501 of the Execut ive Order has the potential to influence the regulation . This action is not subject to Executive Order 13045 beca use it

does not establish an environmental standard intend ed to mitigate health or safety risks. H. Executive Order 13211: Actions that Significant ly Affect Energy Supply, Distribution, or Use*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 111 of 113 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 Ac t Section 12(d) of the National Technology Transfer a nd Advancement Act of 1995 (NTTAA), Public Law No. 104 -113 (15 U.S.C. 272 note) directs EPA to use voluntary conse nsus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherw ise impractical. Voluntary consensus standards are tec hnical standards (e.g., materials specifications, test met hods, sampling procedures, and business practices) that a re developed or adopted by voluntary consensus standar ds bodies. NTTAA directs EPA to provide Congress, thr ough OMB, explanations when the Agency decides not to us e available and applicable voluntary consensus standa rds.

This action does not involve technical standards. Therefore, EPA is not considering the use of any vo luntary

consensus standards.

J. Executive Order 12898: Federal Actions to Addre ss Environmental Justice in Minority Populations and L owIncome Populations Executive Order 12898 (59 FR 7629, February 16, 199 4) establishes Federal executive policy on environment al*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 112 of 113 justice. Its main provision directs Federal agenci es, to the greatest extent practicable and permitted by la w, 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 determin ed that this action will not have disproportionately high a nd

adverse human health or environmental effects on mi nority or low-income populations because it does not affec t the level of protection provided to human health or the environment. This action addresses only reporting and recordkeeping procedures.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 113 of 113 List of Subjects 40 CFR Part 2 Environmental protection, Administrative practice a nd procedure, Reporting and recordkeeping requirements

.

Dated:

Lisa P. Jackson, Administrator.From: Barbora Master/DC/USEPA/US To: "Higgins, Cortney" < Cortney_Higgins@omb.eop.gov > Cc: Lisa Grogan-McCulloch/DC/USEPA/US@EPA, Suzanne Kocchi/DC/USEPA/US@EPA Date: 08/12/2011 02:01 PM Subject: Re: Interagency comments on RIN 2060-AQ70 Cortney - I'm attaching two documents to this email. First is an updated version of RIN 2060-AQ70 that addressed the comment bubble from interagency review, and the second is the memo titled “Docket EPA-HQ-OAR-2011-0028 Memo A”, per your request. Thanks, have a good weekend, Barbora (See attached file: Docket EPA-HQ-OAR-2011-0028 Mem o A _August 12 2011.pdf) (See attached file: EO12866_GHGRP_Part_98_2060_AQ70 _NPRM_EA_20110711_interagencycomments_EPA response.doc)

________________________________ Barbora Master U.S. Environmental Protection Agency phone: (202) 343-9899 fax: (202) 343-2359 Regular or certified mail address: MC 6207J 1200 Pennsylvania Ave., NW Washington, DC 20460 Location and UPS/FedX/Overnight Mail Address: 1310 L Street, NW Washington, DC 20005 Any communication on the mandatory GHG reporting ru le is intended to provide general and administrative information abou t the Rule. This communication does not provide legal advice, and re sponses to questions received do not have legally binding effect or expr essly or implicitly create, expand, or limit any legal rights, obligati ons, responsibilities, expectations, or benefits in rega rd to any person. Facility owners or operators and suppliers are resp onsible for determining how they would be affected by the requi rements of the rule.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review***

6560.50

EO12866_GHGRP Part 98 2060 AQ70 NPRM EA_20110711

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 2 [EPA-HQ-OAR-2011-0028; FRL- ]

RIN 2060-AQ70 Re-proposal of Confidentiality Determinations for E ight Subparts under the Mandatory Reporting of Greenhous e Gases Rule AGENCY: Environmental Protection Agency (EPA).

ACTION: Re-Proposal.

SUMMARY : This action re-proposes confidentiality determinations for the data elements in eight subpa rts finalized in November and December of 2010 as part of three separate amendments to the Mandatory Greenhouse Gas Reporting Rule. The confidentiality determinations were originally proposed in EPA’s July 7, 2010 "Proposed Confidentiality Determinations for Data Required un der the Mandatory Greenhouse Gas Reporting Rule and Propose d Amendment to Special Rules Governing Certain Inform ation

Obtained under the Clean Air Act."

DATES: Comments . Comments must be received on or before [INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICAT ION 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, pl ease*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 3 of 114 contact the person listed in the FOR FURTHER INFORMATION

CONTACT section by [INSERT THE DATE 7 DAYS AFTER

PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL RE GISTER ]. Upon such request, EPA will hold the hearing on [IN SERT THE

DATE 15 DAYS AFTER PUBLICATION OF THIS PROPOSED RUL E IN THE

FEDERAL REGISTER ] in the Washington, DC area starting at 9 a.m., local time. EPA will provide further informa tion about the hearing on its webpage if a hearing is re quested.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2011-0028, by one of the following m ethods:



### • 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 I D 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 com ments received will be included in the public docket with out change and may be made available online at http://www.regulations.gov , including any personal*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 4 of 114 information provided, unless the comment includes

information claimed to be confidential business inf ormation (CBI) or other information whose disclosure is rest ricted by statute. Do not submit information that you consider to be C BI or otherwise protected through http://www.regulatio ns.gov or e-mail. Send or deliver information identified as CBI to only the mail or hand/courier delivery address l isted above, attention: Docket ID No. EPA-HQ-OAR-2011-002 8. The http://www.regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the bo dy of your comment. If you send an e-mail comment direct ly to EPA without going through http://www.regulations.go v your e-mail address will be automatically captured and i ncluded 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 y our comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficult ies and cannot contact you for clarification, EPA may not b e able to consider your comment. Electronic files should avoid*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 5 of 114 the use of special characters, any form of encrypti on, 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 restri cted by statute. Certain other material, such as copyright ed material, will be publicly available only in hard c opy. Publicly available docket materials are available e ither electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West, Room B102 , 1301 Constitution Ave., NW., Washington, DC. This Docke t Facility is open from 8:30 a.m. to 4:30 p.m., Monda y through Friday, excluding legal holidays. The tele phone number for the Public Reading Room is (202) 566–174 4, and the telephone number for the Air Docket is (202) 56 6–1742.

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Prog rams (MC–6207J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telep hone number: (202) 343–9263; fax number: (202) 343–2342; e-mail address: GHGMRR@epa.gov . For technical information, contact the Greenhouse Gas Reporting Rule Hotline a t:*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 6 of 114 http://www.epa.gov/climatechange/emissions/ghgrule_ contactu

s.htm . Alternatively, contact Carole Cook at 202–343–92 63. 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 info rmation will also be available through the WWW on EPA’s gre enhouse gas reporting rule website at http://www.epa.gov/climatechange/emissions/ghgrulem aking.ht

ml

. SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations

. The following acronyms

and abbreviations are used in this document. BAMM Best Available Monitoring Methods CAA Clean Air Act CEMS continuous emission monitoring system CO 2 carbon dioxide CBI confidential business information CEMS Continuous Emission Monitoring System CFR Code of Federal Regulations EIA Energy Information Administration 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*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 7 of 114 NESHAP national emission standards for hazardous ai r

pollutants N 2 O 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 SF 6 sulfur hexafluoride UIC Underground Injection Control UMRA Unfunded Mandates Reform Act of 1995 U.S. United States WWW Worldwide Web

TABLE OF CONTENTS 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 E mission Equations” Data Category C. What is the rationale for re-proposing the CBI determinations for these eight subparts? III. Re-Proposal of CBI determinations for Eight S ubparts A. Overview B. Direct Emitter Data Categories C. GHG Supplier Data Categories D. Commenting on the Proposed Confidentiality Determinations and Data Category Assignments IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 8 of 114 F. Executive Order 13175: Consultation and Coordin ation with Indian Tribal Governments G. Executive Order 13045: Protection of Children f rom Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions that Significant ly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Ac t J. Executive Order 12898: Federal Actions to Addre ss Environmental Justice in Minority Populations and L owIncome Populations

I. General Information A. What is the purpose of this action? EPA is re-proposing confidentiality determinations for the data elements in eight subparts (I, L, W, DD, Q Q, RR, SS, and UU) of 40 CFR part 98 of the Mandatory Gree nhouse Gases Reporting rule (hereafter referred to as “Par t 98”). These eight subparts were finalized in November and December of 2010 as part of three separate amendmen ts to Part 98. Proposed confidentiality determinations f or data elements contained in the proposed subparts I, L, W , DD, QQ, RR, and SS were included in the July 7, 2010 pr oposed CBI determination notice (75 FR 39094; hereinafter referred to as the “July 7, 2010 CBI proposal”). However, a s explained in more detail in Section II.C of this pr eamble, because many data elements were added or significan tly changed since proposal, and portions of proposed su bpart RR were split off to create a new subpart UU, we are r eproposing for public comment the confidentiality*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 9 of 114 determinations for these data elements as finalized in the eight subparts. On May 26, 2011, EPA published the final CBI determinations for 35 Part 98 subparts in “Confiden tiality Determinations for Data Required Under the Mandator y Greenhouse Gas Reporting Rule and Amendments to Spe cial 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 ga ses (GHGs) and 11 for suppliers of GHGs and products co ntaining 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 th e eight subparts into the appropriate data categories creat ed in the Final CBI Rule. For a list of the data categor ies, see Section III.A of this preamble. This notice covers all of the data elements from the eight subparts except fo r those that are in the “Inputs to Emission Equations” data category. The covered data elements and their prop osed category assignments are listed by data category in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Me mo A.” As in the Final CBI Rule, this proposal does not ad dress data elements in the “Inputs to Emission Equations” data*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 10 of 114 category. The data elements in the “Inputs to Emis sion Equations” data category, including those in the ei ght subparts, were identified in “Change to the Reporti ng Date for Certain Data Elements Required Under the Mandat ory Reporting of Greenhouse Gases Rule,” published on D ecember 27, 2010 (75 FR 81350). In that action, EPA propos ed to defer reporting of the data elements in the “Inputs to Emission Equations” data category until March 31, 2 014. For easy reference, we have placed a list of the da ta elements in these eight 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”). B. Does this action apply to me? This proposal affects entities required to submit annual GHG reports under certain subparts of Part 9 8. The Administrator determined that this action is subjec t to the provisions of Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) apply to “such other actions as the Administrator m ay determine”). Part 98 and this action affect owners and operators of electronics manufacturing facilities, fluorinated gas production facilities, electric pow er systems, electrical equipment manufacturing facilit ies,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 11 of 114 carbon dioxide (CO 2 ) enhanced oil and gas recovery projects, acid gas injection projects, geologic sequestration projects, and petroleum and natural gas systems, as well as importers and exporters of pre-charged equipment an d closed-cell foams. Affected categories and entitie s include those listed in Table 1 of this preamble. Table 1. Examples of Affected Entities by Category Category NAICS Examples of affected facilities Electronics Manufacturing 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic

(solid-state) device manufacturing facilities. 334419 Liquid crystal display unit

screens manufacturing facilities. 334419 Micro-electro-mechanical

systems manufacturing 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 12 of 114 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. Petroleum and Natural Gas Systems 486210 Pipeline transportation of natural gas. 221210 Natural gas distribution

facilities. 211 Extractors of crude petroleum

and natural gas. 211112 Natural gas liquid extraction

facilities. CO 2 Enhanced Oil and Gas Recovery Projects 211 Oil and gas extraction projects using CO 2 enhanced recovery.

Acid Gas Injection Projects 211111

or 211112 Projects that inject acid gas

containing CO 2 underground.

Geologic Sequestration Projects N/A CO 2 geologic sequestration projects.

Table 1 of this preamble lists the types of entitie s that potentially could be affected by the reporting requirements under the eight subparts covered by th is proposal. However, this list is not intended to be exhaustive, but rather provides a guide for readers regarding facilities and suppliers likely to be aff ected by this action. Other types of facilities and supplie rs not listed in the table could also be subject to report ing requirements. To determine whether you are affecte d by*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 13 of 114 this action, you should carefully examine the appli cability criteria found in 40 CFR part 98, subpart A as well as 40 CFR part 98 subparts I, L, W, DD, QQ, RR, SS, and U U. If you have questions regarding the applicability of t his 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 tha t you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the d isk or CD ROM as CBI and then identify electronically with in the disk or CD ROM the specific information that is cla imed as CBI. In addition to one complete version of the co mment that includes information claimed as CBI, a copy of the

comment that does not contain the information claim ed as CBI must be submitted for inclusion in the public d ocket.

Information marked as CBI will not be disclosed exc ept in accordance with procedures set forth in 40 CFR part 2. Do not submit information that you consider to be C BI or otherwise protected through http://www.regulatio ns.gov or e-mail. Send or deliver information identified as CBI*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 14 of 114 to only the mail or hand/courier delivery address l isted above, attention: Docket ID No. EPA-HQ-OAR-2011-002 8. If you have any questions about CBI or the procedur es for claiming CBI, please consult the person identif ied 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, Fed eral Register date and page number). Follow directions. EPA may ask you to respond to specific questions or organize comments by referenc ing a CFR part or section number. Explain why you agree or disagree, and suggest alternatives and substitute language for your reque sted 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 deta il to allow us to reproduce your estimate. Provide specific examples to illustrate your concer ns and suggest alternatives. Explain your views as clearly as possible, avoiding*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 15 of 114 the use of profanity or personal threats. Make sure to submit your information and comments b y the comment period deadline identified in the prece ding

section titled DATES . To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to t his action in the subject line on the first page of you r 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 o f Atmospheric Programs, Climate Change Division, Mail Code 6207-J, Washington, DC, 20460, telephone (202) 343– 9263, email GHGReportingCBI@epa.gov. You are also encoura ged to send a separate copy of your CBI information to Car ole 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 GH G Reporting Rule for collecting information regarding GHGs from a broad range of industry sectors (74 FR 56260 ).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 16 of 114 Under Part 98 and its subsequent amendments, certai n 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 seq uester or otherwise inject CO 2 underground. For suppliers, this includes those that supply certain products that wo uld result in GHG emissions if released, combusted, or oxidized (“suppliers”). The data to be reported consists of GHG emission and supply information as well as other da ta, including information necessary to characterize, qu antify, and verify the reported emissions and supplied quan tities. In the preamble to Part 98, we stated, “Through a n otice and comment process, we will establish those data e lements 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 prov ided in comments, we may identify classes of information th at are not emissions data, and are CBI” (74 FR 56287, Octo ber 30, 2009). On July 7, 2010, (75 FR 39094) EPA proposed confidentiality determinations for Part 98 data ele ments and proposed amending EPA’s regulation for handling CBI to add specific procedures for the treatment of Part 9 8 data.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 17 of 114 The July 7, 2010 CBI proposal proposed confidential ity

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 sub parts 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 cove red proposed changes to the reporting requirements for some of the Part 98 subparts finalized in October 2009. Th ese changes were proposed in two separate rulemakings ( see 75 FR 18455, April 12, 2010; and 75 FR 33950, June 15, 2010). On August 11, 2010, EPA published another proposed amendment to Part 98 to change the description of s ome reported data elements and require reporting of som e new data elements for some of the Part 98 subparts fina lized in October 2009 (75 FR 48744; hereinafter referred to as the “August 11, 2010 revisions proposal”). EPA issued a supplemental CBI proposal that proposed confidentia lity

determinations for the new and revised data element s included in the August 11, 2010 revisions notice (7 5 FR 43889, July 27, 2010; hereinafter referred to as th e “July 27, 2010 supplemental CBI proposal”).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 18 of 114 On May 26, 2011, EPA issued the Final CBI Rule for the data elements in 35 Part 98 subparts that were cove red in the July 2010 proposals, except for those data elem ents 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 el ements in the 35 subparts to appropriate data categories. For 16 data categories (eight direct emitter data categori es and eight supplier data categories), EPA issued a categ orybased final CBI determination for all data elements within the category. For another five data categories (tw o direct emitter data categories and three supplier data categories), EPA determined that they are not “emis sion 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 e xplained in the preamble to that rule, EPA did not make cate gorical CBI determination for these five data categories bu t

instead evaluated and determined for individual dat a elements in these data categories whether they qual ify as CBI. As a result, each of these five categories co ntains

both data elements determined to be CBI and those determined not to be CBI. As explained in more det ail in Section II.B of this preamble, we did not take fina l action*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 19 of 114 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 dat a elements in seven subparts that had been proposed o r reproposed at the time of the July 7, 2010 CBI propos al (subparts I, L, W, DD, QQ, RR, and SS). EPA finali zed those seven subparts and subpart UU 1 in three separate actions. We finalized subpart W on November 30, 20 10 (75 FR 74458). On December 1, 2010, we finalized subpa rts I, L, DD, QQ, and SS (75 FR 74774), and subparts RR an d UU (75 FR 75060). These final eight subparts, which are c overed by today’s proposed action, are as follows:



### • Subpart I, Electronics Manufacturing



### • Subpart L, Fluorinated Gas Production



### • Subpart W, Petroleum and Natural Gas Systems



### • Subpart DD, Electrical Transmission and Distributio n 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 Dioxid e

1 EPA initially proposed subparts RR and UU as a sin gle subpart (subpart RR); however, as a result of public comments on sub part RR, EPA moved all definitions, requirements, and procedures for f acilities conducting only CO 2 injection (without geologic sequestration) into a new subpart (subpart UU). Subpart RR retained all definitions, requirements, and procedures related to facilities conducting geologi c sequestration.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 20 of 114



### • 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 eight subparts. B. Background on data elements in the “inputs to e mission equations” data category EPA received numerous public comments on the July 7 , 2010 CBI proposal and the July 27, 2010 supplementa l CBI proposal. In particular, EPA received comments tha t 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 equat ions, EPA took three concurrent actions, which are as fol lows:



### • 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 Eleme nts Required Under the Mandatory Reporting of Greenhous e Gases Rule; Proposed Rule, 75 FR 81350 (December 27 , 2010) (“proposed deferral”).



### • Interim Final Regulation Deferring the Reporting Da te for Certain Data Elements Required Under the Mandat ory Reporting of Greenhouse Gases Rule, 75 FR 81338 (December 27, 2010) (“interim final rule”).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 21 of 114 As explained in the proposed deferral notice, EPA h as determined that some of the comments on inputs to e mission equations “warrant in-depth evaluation of the poten tial impact from the release of inputs to emission equat ions, as

well as collection and review of additional informa tion, that cannot be completed before the March 31, 2011 reporting deadline” (75 FR 81350, 81353). We there fore issued the proposed deferral to defer the reporting deadline for data elements that are inputs to emiss ion equations. The deferral, if finalized, would “affo rd EPA additional time to complete this evaluation and tak e final actions regarding inputs to equations before these data elements are reported to EPA and potentially become subject to release.” Id. Because EPA needs time to comple te the deferral rulemaking, EPA concurrently issued the in terim 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 info rmation

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.

2 The reporting deadline for year 2010 data required under the Mandatory Reporting of Greenhouse Gases Rule has since been e xtended to September 30, 2011. See 76 FR 14812 (March 18, 2011).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 22 of 114 The proposed deferral and the call for information apply to all Part 98 data elements that EPA has cat egorized as inputs to emissions equations, including the inp uts to emission equations in the eight subparts subject to today's rule. The interim final rule, which provides a sho rt extension to the March 31, 2011 reporting deadline under Part 98, does not apply to these eight subparts (wh ich are not required to be reported until March 31, 2012). C. What is the rationale for re-proposing the CBI determinations for these eight subparts? EPA included the data elements in the proposed subparts I, L, W, DD, QQ, RR, and SS in the July 7, 2010 CBI proposal because EPA did not anticipate any sig nificant change to these data elements when finalizing these subparts. However, EPA received comments on these proposed subparts recommending significant changes to some o f 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 fi nal set of data elements in these seven subparts after thei r promulgation. After the subparts were promulgated, EPA evaluated the changes made between proposal and promulgation. It was clear that there were signifi cant changes to the data elements in these subparts sinc e*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 23 of 114 proposal. There were changes in the types of data to be submitted, and new data elements were added. The c hanges also included definition changes and clarifications as well as technical changes that affected many of the data reporting categories and data elements. Further, w e split off portions of the proposed subpart RR and created a new subpart UU. Given these significant changes, EPA a greed that an opportunity to comment on the confidentiali ty of data elements in these final eight subparts is warr anted. EPA is therefore re-proposing the confidentiality

determinations for the data elements in the final e ight subparts. Because this is a re-proposal, EPA is not respondin g to previous comments submitted on the July 7, 2010 CBI proposal relative to the data elements in these sub parts. Although EPA considered those comments when develop ing this re-proposal, we encourage you to resubmit such comm ents to ensure their consideration and response by EPA in t his rulemaking. In resubmitting previous comments, ple ase make any necessary changes to clarify that you are addre ssing the re-proposal and add details as requested above. III. Re-Proposal of CBI determinations for Eight S ubparts

A. Overview*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 24 of 114 We propose to apply categorical confidentiality

determinations made in the final CBI rule to the da ta elements in these eight subparts that are assigned to those categories. In this section, we are requesting com ment on two aspects of this proposal. First, we seek comme nt on the proposed data category assignment for each of t hese data elements. Second, for those data elements ass igned 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 categori es and assigned data elements in 35 subparts to approp riate data categories. In this re-proposal, EPA similarl y proposes to assign each data element in the final s ubparts I, L, W, DD, QQ, RR, SS, and UU to one of 21 data categories 3 based on the type and characteristics of the data element. For example, data elements that refe r to the amount and composition of raw material (excluding f uel) consumed as inputs to the production process have b een assigned to the “Raw Materials Consumed That Are No t Inputs

3 As previously mentioned, this proposal does not ad dress data elements in the “Inputs to Emission Equations” data category . For data elements in these eight subparts that are assigned to the “I nputs to Emission Equations” category, please see the Memorandum enti tled “[Docket EPAHQ-OAR-2011-0028 Memo B].”*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 25 of 114 to Emission Equations” data category. For a list o f 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 th e Final CBI Rule are sufficient in scope to cover the data elements in these eight 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, 20 10 CBI proposal. As mentioned earlier in this preamble and shown in Tables 2 and 3 of this preamble, in the Final CBI R ule, EPA made categorical confidentiality determinations (i. e., one determination that applies to all data elements in that category) for 16 data categories (eight direct emit ter data categories and eight supplier data categories). Fo r the remaining five data categories (two direct emitter data categories and three supplier data categories), EPA determined that they are not “emission data” for pu rposes of determining GHG emission to be reported under Pa rt 98 data elements but did not make categorical determin ations regarding their CBI status. The final categorical determinations described above would apply to the d ata*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 26 of 114 elements in the eight subparts that EPA assigns to these categories through this rulemaking. We are solicit ing comments on the proposed category assignments for t he data elements in these eight subparts. If you believe t hat EPA has improperly assigned certain data elements in th ese eight subparts to the data categories, please provi de specific comments identifying which data elements m ay be mis-assigned along with a detailed rationale for wh y they are not correctly assigned and in which data catego ry they belong. In addition, if you believe that a data el ement should be assigned to one of the five categories th at do not have a categorical confidentiality determinatio n, please also provide specific comment along with det ailed rationale and supporting information on whether suc h data element does or does not qualify as CBI. As mentioned above, for five data categories (two direct emitter data categories and three supplier d ata categories), we determined in the Final CBI Rule th at the data elements assigned to these data categories are not emission data for purposes of determining the GHG e missions to be reported under Part 98. However, for the rea sons stated in the preambles to the proposed and the Fin al CBI Rule, we made final CBI determinations for individu al data elements assigned to those categories. In making t hese*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 27 of 114 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 posi tion. See 40 CFR 2.208(e)(1). Consistent with that appro ach, we now propose to determine for individual data elemen ts in these five data categories whether they qualify as CBI. For EPA’s proposed CBI determinations for these dat a elements, please see Section III.B of this preamble for data elements in the two direct emitter data catego ries 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 i n these five categories. When submitting a comment disagre eing with a proposed determination, please provide detai led supporting information on why the individual data e lement does or does not qualify as CBI.

Tables 2 and 3 summarize the actions taken in the Final CBI Rule for 21 of the 22 data categories cre ated in that notice (excluding the “Inputs to Emission Equa tions” data category). Table 2. Summary of Final Confidentiality Determin ations for Direct Emitter Data Categories Data Category Confidentiality Determination for Data Elements in Each Category*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 28 of 114

Emission Data a Data That

Are Not Emission Data and Not CBI Data That

Are Not Emission Data But Are CBI b 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 X c

Unit/Process Operating Characteristics that are Not Inputs to Emission Equations X c X c

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, “emission data” are not ent itled to confidential treatment. The term “emission data” i s defined at 40 CFR 2.301(a)(2)(i). b Section 114(c) of the CAA affords confidential tre atment 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 29 of 114 Table 3. Summary of Final Confidentiality Determin ations for Supplier Data Categories

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b GHGs Reported X c X c Production/ Throughput Quantities and Composition X c X c

Identification Information X Unit/Process Operating Characteristics X c X c

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 X*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 30 of 114

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b and Vendor Data Submitted in BAMM Extension Requests

a Under CAA section 114, “emission data” are not ent itled to confidential treatment. The term “emission data” i s defined at 40 CFR 2.301(a)(2)(i). b Section 114(c) of the CAA affords confidential tre atment 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 For direct emitter subparts I, L, W, DD, RR 4 , and SS, EPA proposes to assign each data element to one of 10 direct emitter data categories. Please see in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Me mo A” for a list of the data elements in these subparts a nd their proposed category assignment. In the Final CBI Rul e, EPA made categorical confidentiality determinations for eight direct emitter data categories. EPA proposes to ap ply

those final determinations to the data elements ass igned to those categories in this rulemaking. For the data elements in the two direct emitter data categories that do n ot have categorical confidentiality determinations, we are

4 Subpart RR is neither a direct emitter nor a suppl ier source category. For the purposes of this action, EPA placed each su bpart RR data element into one of the two categories based on its type and characteristics.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 31 of 114 proposing on an individual data element basis wheth er or not they qualify as CBI. 5 The following two direct emitter data categories do not have category-based CBI determinations: “Unit/P rocess ‘Static’ Characteristics That are Not Inputs to Emi ssion Equations” and “Unit/Process Operating Characterist ics That are Not Inputs to Emission Equations.” For these t wo categories, EPA evaluated the individual data eleme nts assigned to these categories to determine whether individual data elements qualify as CBI. In the se ctions below, EPA explains the data elements in these two categories by subpart and states the reasons for pr oposing to determine that each does or does not qualify as CBI under CAA section 114(c). EPA is specifically soli citing 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 repor t submission are identified in bulleted lists. Any d ata elements that are part of subpart-specific Best Ava ilable Monitoring Methods (BAMM) use extension requests ar e discussed but not individually listed because they are

5 As mentioned above, EPA determined that data eleme nts in these two categories are not “emission data” under CAA sectio n 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 a pply to data elements in these eight subparts assigned to those categories through this rulemaking.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 32 of 114 repetitive (for example, there are several data ele ments that slightly differ by only a date or equipment ty pe), lengthy, and numerous. These data elements are lis ted individually by data category and proposed confiden tiality

determination in the Memorandum entitled “Docket EP A-HQOAR-2011-0028 Memo A.” In the subpart RR section b elow,

EPA also identifies in a bulleted list four data el ements for which we considered multiple approaches to maki ng a CBI

determination and one data element for which we con sidered multiple approaches to making a data category assig nment. We specifically request comment on the proposed app roaches for these five subpart RR data elements. 1. Subpart I – Electronics Manufacturing. The electronics manufacturing industry uses multipl e long-lived fluorinated greenhouse gases (fluorinate d GHGs), as well as nitrous oxide (N 2 O) during manufacturing of electronic devices, including, but not limited to, liquid crystal displays, microelectro-mechanical systems, photovoltaic cells, and semiconductors. Fluorinate d GHGs are used mainly for plasma etching of silicon mater ials, cleaning deposition tool chambers, and wafer cleani ng, but may be used in other types of electronics manufactu ring processes. Besides dielectric film etching and cha mber cleaning, much smaller quantities of fluorinated GH Gs are*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 33 of 114 used to etch polysilicon films and refractory metal films like tungsten. Additionally, some electronics manufacturing equipment may employ fluorinated GHG liquids as heat transfer fluids. Nitrous oxide may be the oxidizer of choice during deposition of silicon oxide films in manufacturing electronic devices. These electronic manufacturing steps are performed in carefully controlled process chambers containing th e silicon wafers and the fluorinated GHGs or N 2 O. Producing a finished wafer with multiple electronic devices (e. g., computer chips) may require depositing and etching fifty or more individual layers of material. The conditions under which the individual steps are performed, the abili ty of a facility to produce certain electronic features, an d the ability of a facility to produce a certain number o f

devices with a minimum number of defects at a certa in cost per unit, among other variables, will determine the competitive standing of a particular facility in th is industry. The Unit/Process “Static” Characteristics That are Not Inputs to Emission Equations data category. EPA is proposing to assign 13 subpart I data elemen ts to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 34 of 114 are basic characteristics of abatement devices and tools that do not vary with time or with the operations o f the process (and are not inputs to emission equations). These

13 data elements are:



### • For all F-GHG or N 2 O used at your facility for which you have not calculated emissions using Equations I -6 through I-10: Report a brief description of GHG us e. (Proposed as CBI)



### • Inventory of all abatement systems through which fluorinated GHGs or N 2 O flow at your facility. (Proposed as CBI)



### • Description of all abatement systems through which fluorinated GHGs or N 2 O flow at your facility.



### • Number of abatement devices of each manufacturer through which fluorinated GHGs or N 2 O flow at your facility. (Proposed as CBI)



### • Model numbers of abatement devices through which fluorinated GHGs or N 2 O flow at your facility.



### • Destruction or removal efficiencies, if any, claime d by manufacturers of abatement devices through which fluorinated GHGs or N 2 O flow at your facility.



### • Description of the tools associated with each abatement systems. (Proposed as CBI)



### • Model numbers of the tools associated with each abatement systems. (Proposed as CBI)



### • The tool recipe(s), process sub-type, or type associated with each abatement system. (Proposed a s CBI)



### • Certification that the abatement systems for which controlled emissions are being reported are specifically designed for fluorinated GHG and N 2 O abatement, including abatement system supplier documentation.



### • A description of the abatement system class for whi ch you are reporting controlled emissions.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 35 of 114



### • The manufacturer of the abatement system in the cla ss for which you are reporting controlled emissions.



### • The model number of the abatement system in the cla ss for which you are reporting controlled emissions. As discussed in more detail below, EPA is proposing that six data elements in the “Unit/Process 'Static ' Characteristics That are Not Inputs to Emission Equ ations” data category are CBI. (All of these are part of t he annual GHG report and are indicated in the parenthe ses in the bulleted lists above.) EPA is proposing to det ermine that the other data elements in this data category are not

CBI. EPA proposes to determine that the report of a brie f description of GHG use (40 CFR 98.96(g)) qualifies as CBI because disclosure of this information would likely cause substantial competitive harm to reporters. Subpart I lists five manufacturing processes in 40 CFR 98.96(a) tha t are common to the electronics manufacturing industry. If a reporter employs an uncommon process during manufac turing, then the reporter must instead report a description of the uncommon process (see 40 CFR 98.96(g)). As such, t his data element may cover novel, proprietary production met hods that may have been developed by the reporter, gener ally at great expense and time investment. Reporters devel op and use such methods because they improve manufacturing*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 36 of 114 efficiencies, reduce manufacturing costs, or improv e product performance, quality, or production rate, t hereby conferring a competitive advantage. Should competi tors gain knowledge of such a proprietary method and rep licate it, they could undercut the reporter’s competitive advantage, generally at less expense than the repor ter’s original development of this method. Therefore, EP A finds that releasing the report of a brief description of GHG use would likely result in substantial competitive harm , and EPA proposes to determine that this information wil l be protected as confidential business information. EPA also proposes to determine that the description , model numbers, and recipe(s), process sub-type, or process type of the tools associated with each abatement sy stem (40 CFR 98.98(p)) qualify for protection from disclosur e as CBI

because the release of this information would likel y cause substantial competitive harm to reporters. At a su bpart I facility, disclosure of the type of manufacturing t ools used for specific process steps would provide insig ht into how the reporter configures its facility and achiev es its specific manufacturing facility’s performance. If information on a reporter’s tool types and manufact uring steps is revealed, a competitor could use this info rmation to replicate the reporter’s manufacturing configura tion,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 37 of 114 thereby undercutting the competitive advantage that the reporter has built by achieving a higher level of manufacturing performance. Therefore, EPA finds th at releasing the description, model numbers, and recip e(s), process sub-type, or process type of the tools asso ciated with each abatement system would likely result in substantial competitive harm, and EPA proposes to d etermine that this information be protected as confidential. EPA also proposes to determine that the inventory o f abatement systems and the number of abatement syste ms by manufacturer (40 CFR 98.96(p)) qualify as CBI becau se the release of this information coupled with emission d ata would likely cause substantial competitive harm to reporters. The number of abatement systems at the facility (e.g., 20) coupled with the fraction of gas used by tools with abatement systems (e.g., 10 percent) can be us ed to reverse-engineer the number of tools at the facilit y (e.g., 20/0.1 = 200). Information on the type and number of tools at the facility coupled with production capacity co uld then enable competitors to reverse-engineer the reporter ’s approximate manufacturing cost (e.g., $/wafer produ ced) using the competitor’s own tool operating costs. Disclosure of this type of cost information has the potential to undermine competition within the indus try*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 38 of 114 because it could allow competitors to ascertain the relative strength of their market position and to identify s ources of competitive advantage (or disadvantage) in the i ndustry. This could encourage weaker competitors to leave th e industry prematurely or lead stronger competitors t o adopt anticompetitive practices (such as predatory pricin g) in an effort to force out weaker competitors. The fraction of gas used by tools with abatement systems, required to be reported under 40 CFR 98.96 (n), was assigned to the “Inputs to Emission Equations” data category as emission data in the proposed deferral. Consistent with existing Part 98 regulations and EP A’s regulatory actions to date, inputs to emission equa tions must be reported in future years and, as emission d ata, cannot be held confidential by EPA at that time. E PA finds that releasing information on the number of abateme nt systems would likely result in substantial competit ive harm

when that information is used in combination with e mission data that EPA must release once reported. As a res ult, EPA proposes to determine that information relating to the inventory of all abatement systems and the number o f abatement systems by manufacturer will be treated a s confidential.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 39 of 114 EPA proposes to determine that the remaining seven data elements in this data category are not CBI. D ata about the abatement systems other than the count, s uch as model number, type of gas abated, and manufacturer claims about destruction efficiency, are not distinct info rmation necessary to deduce competitive practices and do no t provide insight to competitors about the type and n umber of process tools used at the facility. Additionally, releasing a certification about the design of the a batement system would not likely cause substantial competiti ve harm because certification statements do not provide any insight into the design or operation efficiencies of the pl ant nor other information, e.g., market share, ability to i ncrease production to meet new increases in demand, or pric e structures the release of which would be likely to result in substantial competitive harm. Moreover, certifi cation statements will consist of only the language that E PA publicly provides in the data reporting tool and wi ll not include any facility- or process-specific informati on that could be considered proprietary. The “Unit/process Operating Characteristics That Ar e Not Inputs to Emission Equations” data category. EPA is proposing to assign 23 subpart I data elemen ts to the “Unit/process Operating Characteristics That Are Not*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 40 of 114 Inputs to Emission Equations” data category because they are characteristics of the abatement systems and ot her equipment, the facility conditions, and the product s manufactured that vary over time with changes in op erations and processes (and are not inputs to emission equat ions). Thirteen of these data elements are part of extensi on requests for the use of BAMM and generally relate t o the reasons for a request and expected dates of complia nce. Ten are part of the annual GHG report and are liste d here:



### • Annual manufacturing capacity of a facility as determined in Equation I-5.



### • For facilities that manufacture semiconductors, the diameter of wafers manufactured at a facility.



### • Film or substrate that was etched/cleaned and the feature type that was etched. (Proposed as CBI)



### • Certification that the recipes included in a set of similar recipes are similar.



### • When you use factors for fluorinated GHG process utilization and by-product formation rates other th an the defaults provided in Tables I-3, I-4, I-5, I-6, and I-7 and/or N 2 O utilization factors other than the defaults provided in Table I-8, certification that the measurements for all reported recipe-specific utilization and by-product formation rates and/or facility-specific N2O utilization factors were made in accordance with the International SEMATECH #0612482 5A– ENG (incorporated by reference, see 40 CFR 98.7), o r the International SEMATECH #01104197A– XFR (incorporated by reference, see 40 CFR 98.7) if measurements were made prior to January 1, 2007.



### • Destruction and removal efficiency measurement reco rds for abatement system through which fluorinated GHGs or N 2 O flow at your facility over its in-use life.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 41 of 114



### • Certification that the abatement system is installe d, maintained, and operated according to manufacturer specifications.



### • The fluorinated GHG and N 2 O in the effluent stream to the abatement system in the class for which you are reporting controlled emissions.



### • The total number of abatement systems in that abatement system class for the reporting year. (Proposed as CBI)



### • The total number of abatement systems for which destruction or removal efficiency was measured in t hat abatement system class for the reporting year. (Proposed as CBI) As discussed in more detail below, EPA is proposing that seven data elements in the “Unit/process Opera ting Characteristics That Are Not Inputs to Emission Equ ations” data category are CBI. (Three of these are part of the annual GHG report and are indicated in the parenthe ses in the bulleted lists above and four are part of BAMM use extension requests.) EPA is proposing to determine that the other data elements in this data category are n ot CBI. EPA proposes to determine that three of the 10 annu al GHG report data elements in this category are CBI. Specifically, EPA proposes to determine that the “f ilm or substrate that was etched/cleaned and the feature t ype that was etched” data element (40 CFR 98.96(f)(2)) is CB I

because the release of this information would likel y cause substantial harm to the competitive position of rep orters. Plasma etching, wafer cleaning, and chamber cleanin g are*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 42 of 114 three manufacturing processes used in the electroni cs manufacturing industry. The data element required by 40 CFR 98.96(f)(2) is equivalent to a description of t he specific processes (e.g., type of film or chamber c leaning processes, feature type etched) employed by the rep orter in the manufacturing of products. Each subpart I faci lity carefully guards this information because it provid es insight into the reporter’s process flow and proces s efficiencies that minimize product defects. If thi s information on the etching and cleaning processes w ere to be revealed, a competitor could undercut the compet itive advantage that the reporter has gained by developin g these efficiencies. Therefore, EPA finds that releasing the “film or substrate that was etched/cleaned and the feature type that was etched” data element would likely res ult in substantial competitive harm, and EPA proposes to d etermine

that this information will be treated as confidenti al

business information. EPA also proposes to determine that the total numbe r of abatement systems in an abatement system class ( (40 CFR 98.96(q)(5)(i)) is CBI because the release of this information coupled with emission data would likely cause substantial competitive harm to reporters. EPA fin ds that information relating to the number of abatement sys tems at*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 43 of 114 the facility (e.g., 20) coupled with the fraction o f gas used by tools with abatement systems (e.g., 10 perc ent) can be used to reverse-engineer the number of tools at the facility (e.g., 20/0.1 = 200). Information on the type and number of tools at the facility coupled with produc tion capacity could then enable competitors to reverse-e ngineer the reporter’s approximate manufacturing cost ($/wa fer produced) using the competitor’s own tool operating costs. Disclosure of this type of cost information has the potential to undermine competition within the indus try

because it could allow competitors to ascertain the relative strength of their market position and to identify s ources of competitive advantage (or disadvantage) among competitors. This could encourage weaker competito rs to leave the industry prematurely or lead stronger com petitors to adopt anticompetitive practices (such as predato ry pricing) in an effort to force out weaker competito rs. The data element related to the fraction of gas use d by tools with abatement systems (e.g., 10 percent) is required to be reported under the GHG Reporting Pro gram at 40 CFR 98.96(n), and it was assigned to the “Inputs to Emission Equations” data category as emission data in the proposed deferral. Consistent with existing Part 9 8 regulations and EPA’s regulatory actions to date, i nputs to*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 44 of 114 emission equations must be reported in future years and, as emission data, cannot be held confidential by EPA a t that time. Therefore, EPA finds that releasing informat ion on the number of abatement systems would likely result in substantial competitive harm because that informati on may be used in combination with emission data that EPA must release once reported. As a result, EPA is proposi ng to determine that information relating to the inventor y of all abatement systems and the number of abatement syste ms by

manufacturer will be treated as confidential busine ss information. The “total number of abatement systems for which destruction or removed efficiency was measured in t hat abatement system class for the reporting year” data element refers to the statistical sample size of abatement systems that the reporter analyzed in order to determine wi th sufficient statistical confidence the efficiency of all like abatement systems in that class. Subpart I sp ecifies that 20 percent of the total number of abatement sy stems must be analyzed every year. Therefore, a competit or could use statistical sample size data to determine the t otal number of abatement systems at the facility. Since EPA proposes that the total number of abatement systems is CBI, as described above, EPA finds that the statistical sample*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 45 of 114 size of abatement systems would likely cause substa ntial competitive harm if revealed and is, therefore, pro posed to

be treated as CBI. EPA proposes to determine that the other seven data elements in the “Unit/process Operating Characteris tics That Are Not Inputs to Emission Equations” data cat egory that are part of the annual GHG report are not CBI. EPA

finds that disclosure of the wafer size and the ann ual manufacturing capacity of a facility by EPA would n ot likely cause substantial competitive harm to report ers. This information is already publicly available thro ugh the

World Fab Forecast 6 , a subscription-based report containing in-depth analysis down to the detail of each fab, o r facility, in the semiconductor industry. The Forec ast is published and updated quarterly by SEMI, the global industry association serving the manufacturing supp ly chains for the microelectronic, display and photovo ltaic industries. EPA notes, however, that the Final CBI Rule that applies to the data elements in other subparts did not

finalize a CBI determination for data elements on production capacity assigned to the “Unit/process S tatic Characteristics That Are Not Inputs to Emission Equ ations” data category. For that final rule, EPA reviewed t he

6 http://www.semi.org/en/Store/MarketInformation/fab database/ctr_027238*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 46 of 114 available capacity information and determined that while those capacity data elements are generally publicly available, there may be facilities for which this d ata is not public. EPA is now proposing that the “annual manufacturing capacity of a subpart L facility” dat a element not be treated as confidential for the reas ons provided above, but EPA seeks comment on whether si milar conditions apply in this case.

The data element related to the measurement records of destruction and removal efficiency consists of reco rds of measurements that the reporter has taken of the aba tement system efficiency over its in-use life in order to assess the validity of the efficiency claims made by the a batement

device manufacturer at the time of sale. This is l imited to information about the performance of the abateme nt systems and does not include information about the operating conditions around the abatement system or the manufacturing tool to which it is attached. Destru ction efficiency information would not likely cause subst antial competitive harm if released because it does not pr ovide any insight into novel, proprietary production meth ods that may have been developed by the reporter, generally at great expense and time investment. Therefore, EPA propos es that this destruction efficiency information does not qu alify*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 47 of 114 for protection as CBI. It will be considered to be nonCBI.

The “fluorinated GHG and N 2 O in the effluent stream to the abatement system in the class for which you are reporting controlled emissions” data element descri bes the type of gas(es) exiting the manufacturing tool and entering

the abatement device. This data element does not i nclude information on the quantity of gas(es) produced or on the manufacturing tool that produces the gas(es). The type of fluorinated gas in the effluent stream would not li kely cause substantial competitive harm if released beca use it does not provide any insight into the costs of prod ucing semiconductors at the facility or any novel product ion methods that may have been developed by the reporte r to improve manufacturing efficiencies, reduce manufact uring costs, or improve product performance. Therefore, EPA proposes that this effluent stream data element doe s not qualify for protection as CBI. Therefore, EPA prop oses to

determine that this data element is non-CBI. Finally, EPA finds that releasing the three certification data elements would not likely cause competitive harm because certification statements a nd documents are general in nature, do not provide any insight into the design or operation efficiencies of the pl ant, and*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 48 of 114 do not reveal other information (e.g., market share , ability to increase production to meet new increase s in demand, price structures) that would likely result in substantial competitive harm. Moreover, EPA certif ication statements consist only of the language that EPA pu blicly provides in the data reporting tool and do not incl ude any facility- or process-specific information that coul d be considered proprietary. Therefore, EPA proposes to determine that these three data elements do not qua lify for protection as CBI, and finds them to be non-CBI. EPA proposes to determine that four of the 13 data elements included in BAMM use extension requests qu alify as CBI because their disclosure would likely cause sub stantial harm to the reporter’s competitive positions. (Eac h data element and its proposed category assignment are li sted by data category in the Memorandum entitled “Docket EP A-HQOAR-2011-0028 Memo A.”) Three of these data elemen ts reveal the reason for requesting a BAMM extension a nd the overall reason why equipment was not (or could not be)

installed. EPA has reviewed a number of BAMM use e xtension requests and determined that these three data eleme nts contain detailed information, such as process diagr ams and operational information, which could provide insigh t into configuration efficiencies that the reporter has de veloped,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 49 of 114 generally at great expense and time investment, to minimize manufacturing cost and to maximize the manufacturin g rate. If a competitor could review such information on th e reporter’s configuration, the competitor would be a ble to adopt the reporter’s efficiency practices with less development time or expense and would gain competit ive advantage at the expense of the reporter’s competit ive advantage. Therefore, EPA finds that releasing the reasons for requesting a BAMM use extension would likely re sult in substantial competitive harm, and EPA proposes to d etermine

that this information will be treated as CBI. We also propose to find that a fourth data element (40 CFR 98.94(a)(4)(ii)(D)) qualifies as CBI. This dat a element divulges when an owner or operator will be able to attain data, equipment, or measurements to comply w ith reporting requirements. This data element could re veal information about the installation date of equipmen t and the date of anticipated startup. This could provid e sensitive information regarding future process shut downs or capacity increases, and likely would cause substant ial competitive harm if disclosed because competitors c ould use this information to anticipate and potentially bene fit from future increases or decreases in product supply. F or example, a competitor able to anticipate the shutdo wn or*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 50 of 114 the increase in capacity of a reporter’s facility a nd resulting decrease or increase in product supply co uld use this information to attract customers from a report er by increasing its own production or by adjusting the p rice of its own products. EPA proposes to determine that the remaining nine d ata elements included in BAMM use extension requests do not qualify as CBI. These are narrow data elements tha t 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, two of these data elements are descriptions of how the facility will prepare to me et requirements at the end of the BAMM period. These data elements do not contain detailed information, such as process diagrams and operational information or any other information that would give insight for competitors to gain an advantage over the reporter. Rather, they are information on administrative activities and regula tory requirements to which the facility is subject that are not protected as proprietary by the reporting facilitie s. Therefore, EPA finds that these are not data elemen ts the disclosure of which would likely cause substant ial competitive harm and do not qualify for protection as CBI.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 51 of 114 EPA proposes to determine that these data elements 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 2. 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 eleme nt 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 no t vary with time or with the operations of the process (an d is not an input to an emission equation). The data elemen t is:



### • Location and function of the stream(s) (including process streams, emissions streams, and destroyed streams) that were analyzed under the initial scopi ng speciation of fluorinated GHG at 40 CFR 98.124(a), by process. (proposed as CBI) EPA proposes to determine that this data element wo uld likely result in substantial competitive harm if re leased*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 52 of 114 and therefore will be protected as confidential bus iness

information. EPA finds that this data element coul d provide insight into the manufacturing process and the configuration of the facility, such as which proces s equipment is sending streams to which process equip ment. This could reveal information about configuration efficiencies that the reporter has developed, gener ally at great expense and time investment, to minimize manufacturing cost and to maximize the manufacturin g rate. If a competitor could review such information on configuration, the competitor would be able to adop t the reporter’s efficiency practices with less developme nt time and expense and would gain competitive advantage at the expense of the reporter’s competitive advantage. Therefore, EPA finds that releasing the data elemen t 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 is

confidential. The “Unit/process Operating Characteristics That Ar e Not Inputs to Emission Equations” data category. EPA is proposing to assign 23 subpart L data elemen ts to the “Unit/process Operating Characteristics That are Not Inputs to Emission Equations” data category because they*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 53 of 114 are characteristics of units, equipment, abatement devices, and other facility-specific characteristics that va ry 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 expecte d dates 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 Opera ting Characteristics That Are Not Inputs to Emission Equ ations” 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 No t Inputs to Emission Equations” data category are not CBI. EPA proposes to determine that the annual GHG repor t data element in this category is not CBI. The Fede ral and State regulations that may apply to a fluorinated G HG destruction process or device are already part of t he public record as part of the facility’s Title V ope rating permit or minor source air emissions permit. Furth ermore,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 54 of 114 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 similar ly 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 d oes not qualify for protection as confidential business inf ormation

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 qu alify as CBI because their disclosure would likely cause sub stantial harm to the reporter’s competitive positions (each data element and its proposed category assignment are li sted by data category in the Memorandum entitled “Docket EP A-HQOAR-2011-0028, Memo A.”) Three of these data eleme nts reveal the reason for requesting a BAMM extension a nd the reason why equipment was not (or could not be) inst alled. EPA has reviewed a number of BAMM use extension req uests

and determined that these three data elements conta in detailed information, such as process diagrams and operational information. Process diagrams and oper ational information could provide insight into configuratio n efficiencies that the reporter has developed, gener ally at great expense and time investment, to minimize*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 55 of 114 manufacturing cost and to maximize the manufacturin g rate. If a competitor could review such information on th e reporter’s configuration, the competitor would be a ble to adopt the reporter’s efficiency practices with less development time or expense and would gain competit ive advantage at the expense of the reporter’s competit ive advantage. Therefore, EPA finds that releasing the reasons for requesting a BAMM use extension would likely re sult in substantial competitive harm, and EPA proposes to d etermine

that this information will be treated as confidenti al

business information. We also propose to find that four other data elemen ts that divulge when an owner or operator will be able to attain data, equipment, or measurements to comply w ith reporting requirements are eligible for confidentia l

treatment. These data elements could reveal inform ation about the installation date of equipment and the da te of anticipated startup. This could provide sensitive information regarding future process shutdowns, and likely would cause substantial competitive harm if disclos ed because competitors could use this information to anticipate and potentially benefit from future decr eases in product supply. For example, a competitor able to anticipate the shutdown of a reporter’s facility an d*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 56 of 114 resulting decrease in product supply, could use thi s information to attract customers away from a report er by increasing its own production or could adjust the p rice of its own products. EPA proposes to determine that the remaining 15 dat a elements included in BAMM use extension requests do not qualify as CBI. These are narrow data elements tha t 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 a re descriptions of how the facility will prepare to me et requirements by the end of the BAMM period. These data elements do not contain detailed information, such as process diagrams and operational information. Rath er, they

are information on administrative activities and re gulatory requirements to which the facility is subject that are not protected as proprietary by the reporting facilitie s. 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 protec ted as CBI. They will be considered non-CBI. Finally, three of these data elements are illustrat ive documentation such as photographs and engineering d iagrams*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 57 of 114 that demonstrate how access to process streams, emi ssions streams, or destroyed streams could not be gained w ithout process shutdown. Based on the type of documentati on that EPA has received, EPA finds that these illustrative diagrams and photographs sent by reporters generall y do not provide insight into the reporter’s production proc esses or operational efficiencies because they only show inf ormation that is relevant to the access point in question an d processes immediately upstream and downstream of th at access point. Therefore, EPA proposes to determine that disclosure of these data elements is not likely to cause substantial competitive harm; therefore, they do no t qualify for protection as CBI and will be considere d 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 3. Subpart W - Petroleum and Natural Gas Systems. Subpart W applies to facilities in eight segments o f the petroleum and natural gas industry that emit GH Gs*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 58 of 114 greater than or equal to 25,000 metric tons of CO 2 equivalent per year. These eight segments are:



### • Offshore petroleum and natural gas production (from offshore platform facilities),



### • Onshore petroleum and natural gas production (including equipment on or associated with a well p ad for drilling, extraction, separation, treating and other processes),



### • Onshore natural gas processing (separating and recovering natural gas liquids, non-methane gases, and other liquids),



### • Onshore natural gas transmission compression (use o f compressors to move natural gas in transmission pipelines from production or processing to distribution or storage),



### • Underground natural gas storage (subsurface storage of natural gas),



### • Liquefied natural gas (LNG) storage (liquefying natural gas to LNG and above ground storage of LNG) ,



### • LNG import and export facilities (onshore and offsh ore equipment importing or exporting LNG via ocean transport, including liquefaction of natural gas to LNG, storage of LNG, and re-gasification of LNG to natural gas), and



### • Natural gas distribution (distribution pipelines an d city gate stations operated by a local natural gas distribution company (LDC)). Subpart W provides methods for calculating GHG emissions from 21 source types, such as pneumatic d evice venting, equipment leaks, transmission storage tank s, and centrifugal compressor venting. The methods can be categorized broadly into three types; engineering estimation, use of emission factors, and direct*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 59 of 114 measurement. Engineering estimation means the use of engineering data, such as volume of the equipment, to

estimate emissions. Emission factors are used wher e either leak detection is conducted to determine leaking co mponent (a leaker factor is used) or when a population coun t of components is available (a population factor is use d). Finally, direct measurement involves the use of met ers and measurement equipment such as a high volume sampler or calibrated bags to physically measure the emissions rate. For a summary of the entire list of source types an d a determination of which source type applies to which segment, please see 40 CFR 98.232 (75 FR 74490, Nov ember 30, 2010). For a description of the emission calcu lation methods, please see 40 CFR 98.233 (75 FR 74490). The Unit/Process “Static” Characteristics That are Not Inputs to Emission Equations data category

. EPA is proposing to assign 18 subpart W data elemen ts to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they are basic characteristics of units, equipment, abat ement devices, and other facility-specific characteristic s that do not vary with time or with the operations of the process (and are not inputs to emission equations). These 18 data

elements are:*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 60 of 114



### • For each glycol dehydrator with throughput greater than or equal to 0.4 million standard cubic feet pe r day (MMscfd): what vent gas controls are used.



### • For each glycol dehydrator with throughput less tha n 0.4 MMscfd: report whether any vent gas controls ar e used.



### • Count of desiccant dehydrators.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: number of wellhead separators sending oil t o atmospheric tanks.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: count of hydrocarbon tanks at well pads.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: best estimate of count of stock tanks not a t well pads receiving your oil.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: count of tanks with emissions control measures, either vapor recovery system or flaring, for tanks at well pads.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , report: best estimate of count of stock tanks assum ed to have emissions control measures not at well pads , receiving your oil.



### • For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), total number of wells sending oil directly to tanks.



### • For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), total number of wells sending oil to separators off the well pads.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 61 of 114



### • For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), count of hydrocarbon tan ks on wellpads.



### • For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), count of hydrocarbon tan ks, both on and off well pads assumed to have emissions control measures: either vapor recovery system or flaring of tank vapors.



### • For wellhead gas-liquid separators and wells with throughput less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR 98.233(j) Equat ion W–15 of 40 CFR 98.233), number of wells without wellhead separators.



### • Number of wet seals connected to the degassing vent

.



### • For each enhanced oil recovery (EOR) injection pump blowdown, pump capacity in barrels per day.



### • For onshore petroleum and natural gas production an d natural gas distribution combustion emissions, cumulative number of external fuel combustion units with a rated heat capacity equal to or less than 5 million Btu per hour (mmBtu/hr), by type of unit.



### • For onshore petroleum and natural gas production an d natural gas distribution combustion emissions, cumulative number of external fuel combustion units with a rated heat capacity larger than 5 mmBtu/hr, by type of unit.



### • For onshore petroleum and natural gas production an d natural gas distribution combustion emissions, cumulative number of all internal combustion units, by type of unit. EPA proposes to determine that all 18 data elements that are part of the annual GHG report are not CBI. These

data elements include data about the count of vario us types of equipment, the capacity of this equipment, and t he

nature and count of abatement devices.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 62 of 114 Data on production and throughput 7 are made publicly available by the facility operator on an annual bas is through many published sources, including the Oil a nd Gas Journal Annual Survey, the Federal Energy Regulator y Commission, the U.S. Energy Information Administrat ion, and through proprietary databases available for purchas e. In addition, state oil and gas conservation agencies i n all states where enhanced oil and gas recovery occurs c ollect information on the quantities of oil and gas produc ed by well to calculate royalties. This information is r eported to EPA or states at least annually and made availab le to the public either through state websites or upon re quest from the public. Furthermore, the equipment used to produce, treat, store, and distribute petroleum and natural gas is listed in permits and compliance documents (e.g., pre-cons truction permits, operating permits, and underground storage tank registration) and/or physically visible on site eve n outside the fenceline at these operating sites. Oi l and gas companies routinely present information at indu stry conferences to public audiences on the type of equi pment

7 In the petroleum and natural gas industry, through put is the most significant piece of data that would provide insigh t into a reporter’s productivity, capabilities, and market share, and a nnual production is the key indicator of a reporter’s throughput. All data elements in this category are information that a competitor cou ld use to determine a reporter’s production and, by association, throug hput.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 63 of 114 they use (e.g., equipment for drilling, gas process ing, liquefaction, etc.), and equipment vendors routinel y present information on the capabilities and perform ance of their equipment (emissions reductions from vapor re covery units, plunger lifts, dry seal replacement in centr ifugal compressors, reduced emission completion equipment) . The U.S. EPA Natural Gas STAR Program has a repository of such details on its website (http:// www.epa.gov/gasstar ) for public reference. In addition, normal equipment ve ndors typically have information relating to their produc ts available on their website. Therefore, EPA finds t hat, since information for these data elements is public ly available, it will not be protected as confidential

business information and will be considered to be n on-CBI. Finally some of these data elements can be estimate d by using data that are publicly available. The dat a element about pump capacity, which will be reported by EOR operations in the onshore production segment only, can be back-calculated from the quantity of CO 2 injected because the pump capacity is proportional to the volume of CO 2 that the pump is pumping (i.e., the volume of CO 2 e reported). Therefore, if the volume of CO 2 that was pumped is known then the pump's capacity can be calculated as somew here between 150 to 200 percent greater to handle fluctu ations*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 64 of 114 in CO 2 loads. The quantity of CO 2 injected can be determined from Underground Injection Control (UIC) permits, which are issued for each injection well b y EPA or by states that have assumed primary enforcement aut hority for permitting injection wells. Information relate d to the permits is reported to EPA or states at least annua lly and made available to the public either through state w ebsites or upon request from the public. EPA notes, howeve r, that

the Final CBI Rule did not finalize a CBI determina tion for data elements on production capacity assigned to th e “Unit/process Static Characteristics That Are Not I nputs to Emission Equations” data category. For that Final Rule, EPA reviewed the available capacity information and determined that while those capacity data elements are generally publicly available, there may be faciliti es for which this data is not public. EPA is now proposin g that the subpart W pump capacity data element not be tre ated as confidential for the reasons provided above, but EP A seeks comment on whether similar conditions apply in this case. The two data elements about glycol dehydrators and the one data element about desiccant dehydrators are al ready publicly available for three of the four industry s egments that will report these data. For the natural gas processing segment, these data are published annual ly in Deleted: made*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 65 of 114 the Oil & Gas Journal Worldwide Gas Processing Surv ey. For the transmission compression segment, these data ar e published annually in the FERC Form 2 Major and Non -major Natural Gas Pipeline Report. For the LNG storage s egment, these data were published in a one-time study in 20 07 published by the Gas Technology Institute. 8 Finally, three data elements about the count of tanks, stock tanks , and hydrocarbon tanks with emissions control measures a re included in Title V permits as part of EPA’s Nation al Emission Standards for Hazardous Air Pollutants (NE SHAP) Subpart HH for Oil and Natural Gas Production requi rements, and Title V permits are publicly available.

Since these data elements are publicly available, the

information is found to be not confidential and wil l not be protected as CBI. The “Unit/process Operating Characteristics That Ar e Not Inputs to Emission Equations” data category. EPA is proposing to assign 29 subpart W data elemen ts to the “Unit/process Operating Characteristics That are Not Inputs to Emission Equations” data category because they are characteristics of equipment, such as wells and plunger lifts, abatement devices, and other facility-specif ic characteristics that vary over time with changes in

8 2007, The World Energy Source Book – Fourth Editio n, An Encyclopedia of the World LNG Industry, GTI 07/0002. Deleted: have been made*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 66 of 114 operations and processes (and are not inputs to emi ssion equations). Seventeen are part of extension reques ts for the use of BAMM, and generally relate to the reason s for a request and expected dates of compliance with repor ting requirements. Twelve are part of the annual GHG re port and

are listed here:



### • Count of wells vented to the atmosphere for liquids unloading.



### • Count of plunger lifts.



### • Total count of completions in calendar year.



### • Total count of workovers in calendar year.



### • Reported number of completions and workovers employ ing reduced emissions completions and engineering estim ate based on best available data of the amount of gas recovered to sales.



### • For gas well completions and workovers without hydraulic fracturing: total number of days of gas venting to the atmosphere during backflow for completion.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , range of concentrations of flash gas.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , range of concentrations of methane.



### • For wellhead gas-liquid separator with oil throughp ut greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j) , range of concentrations of flash gas CO 2 .



### • If wellhead separator dump valve is functioning improperly during the calendar year, count of wellh ead separators that dump valve factor is applied.



### • Number of wells tested per basin in calendar year.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 67 of 114



### • Number of wells venting or flaring associated natur al gas in a calendar year.

As discussed in more detail below, EPA is proposing to determine that all data elements in this data categ ory are

non-CBI. EPA proposes to determine that all 12 data elements that are part of the annual GHG report are not CBI. These include data about the count of various types of eq uipment and the capacity of this equipment. Data on production and throughput 9 are made publicly available by the facility operator on an annual bas is through many published sources, including the Oil a nd Gas Journal Annual Survey, the Federal Energy Regulator y Commission, the U.S. Energy Information Administrat ion, and through proprietary databases available for purchas e. In addition, the count of and quantity of oil produced from individual wells is collected by state permitting a gencies and made publicly available through the individual websites of five of the eight states with currently active C O 2 EOR projects, and data at the field level are available on websites for two of the remaining three states.

9 In the petroleum and natural gas industry, through put is the most significant piece of data that would provide insigh t into a reporter’s productivity, capabilities, and market share, and a nnual production is the key indicator of a reporter’s throughput. All 12 data elements in this category are information that a competitor cou ld use to determine a reporter’s production and, by association, throug hput.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 68 of 114 Furthermore, the equipment used to produce, treat, store, and distribute petroleum and natural gas is listed in permits and compliance documents (e.g., pre-cons truction permits, operating permits, and underground storage tank registration) and/or physically visible on site eve n outside the fenceline at these operating sites. Oi l and gas companies routinely present information at indu stry conferences to public audiences on the type of equi pment they use, (e.g., equipment for drilling, gas proces sing, liquefaction, etc.) and equipment vendors routinely present information on the capabilities and performance of their equipment (emissions reductions from vapor recovery units, plunger lifts, dry seal replacement in centrifugal compressors, reduced emission completion equipment) . The U.S. EPA Natural Gas STAR Program has a repository of such details on its website (http:// www.epa.gov/gasstar ) for public reference. In addition, normal equipment ve ndors typically have information relating to their produc ts available on their website. An example of a data e lement that is already publicly available is data on the n umber of completions by operator at the individual well or f ield level. This information is published annually by t he Energy Information Administration (EIA) in the Offi cial Energy Statistics and by States, which provide oper ator*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 69 of 114 level completion data through State Oil and Gas

Commissions. Since information for these data elem ents is publicly available, it will not be protected as

confidential business information and will be consi dered

non-CBI. EPA proposes to determine that all 17 data elements included in BAMM use extension requests do not qual ify as CBI (each data element and its proposed category as signment is listed by data category in the Memorandum entitl ed “Docket EPA-HQ-OAR-2011-0028 Memo A.”) A facility submits a BAMM use extension request to extend the time per iod during which it can use alternatives to the specifi c data collection methodologies and monitoring instruments prescribed in the rule. In s even of the BAMM use extension request data elements , the facility must describe the data collection methodologies that cannot be followed and the monitoring instruments that cannot be installed as prescribed . Four of these data elements are descriptions of the facility’s efforts to secure the necessary e quipment

and services and descriptions of how the facility will prepare to meet requirements at the end of the BAMM period. Five of these data elements are descriptions of the methods and dates by which the necessary equipment and serv ices

will be secured. These data elements do not contai n Deleted: to be

Deleted: S Deleted: se Deleted: are Deleted: descriptions of Deleted: or Comment [A1]: This is unclear – could you rewrite to clarify?

TEXT ADDED AND REWRITTEN FOR CLARITY. -EPA*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 70 of 114 detailed information, such as process diagrams and operational information, which could provide insigh t into facility-specific operating conditions or process d esign, or any other proprietary or sensitive information t hat would give insight for competitors to gain an advan tage over the reporter. Furthermore, subpart W has been designed so that petroleum and natural gas systems do not need to shut down in order to install monitoring eq uipment or implement monitoring methodologies, so disclosur e of equipment installation dates will not reveal sensit ive information about facility shutdowns that could be used by competitors to increase market share. EPA proposes to

determine that disclosure of these data elements is not likely to cause substantial competitive harm. Ther efore they are not eligible for protection as confidentia l

business information and will be considered to be n on-CBI. EPA is soliciting comments on EPA’s proposed determinations described above. When submitting a comment disagreeing with a proposed determination, please i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 71 of 114 4. Subpart DD - Electrical Transmission and Distri bution Equipment Use. Subpart DD covers facilities that move electricity rather than produce or process a product. EPA is p roposing to assign three subpart DD data elements to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they a re basic characteristics of equipment and facility-specific lines that do not vary with time or with the operations o f the process (and are not inputs to emission equations). These

three data elements are:



### • Nameplate capacity of equipment containing sulfur hexafluoride (SF 6 ) or perfluorocarbon (PFC) existing as of the beginning of the year (excluding hermeticall y sealed-pressure switchgear).



### • Transmission miles (length of lines carrying voltag e at or above 34.5 kilovolt).



### • Distribution miles (length of lines carrying voltag es at or below 35 kilovolt). EPA is proposing that all data elements in this dat a category are non-CBI. Nameplate capacity is the en gineered

volume of SF 6 or PFC contained in transmission and distribution equipment. Total nameplate capacity c an vary significantly from facility to facility depending o n the total number of pieces of equipment used, the age a nd manufacture of equipment, the location of the equip ment*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 72 of 114 (e.g., urban vs. rural), climatic conditions, numbe r of

transmission or distribution miles within the facil ity, etc. Information about nameplate capacity does not provide insight into the performance (ability to transmit o r distribute electricity) or the operational efficien cy for this type of facility that would likely cause subst antial competitive harm if disclosed. Therefore, the disc losure of the nameplate capacity data element is not likel y to cause substantial competitive harm, and EPA is prop osing it

as non-CBI. Moreover, data on transmission and distribution mil es is also publicly available in the Platts UDI Direct ory of

Electric Power Producers and Distributers 10 , which can be purchased by any interested party. Disclosure of t hese data by EPA does not provide any additional insight into facility-specific operating conditions or process d esign or to any other proprietary or sensitive information t hat would give insight for competitors to gain an advan tage over the reporter. Because this information is pub licly available, EPA proposes to determine that these dat a elements are not confidential; they will be conside red nonCBI

10 http://www.platts.com/Products/electricpowerproduc erdirectory*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 73 of 114 EPA is soliciting comments on EPA’s proposed determinations described above. When submitting a comment disagreeing with a proposed determination, please i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 5. Subpart RR - Geologic Sequestration of Carbon D ioxide. 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 characteristic s. EPA assigned subpart RR data elements that pertain to s urface leakage to one of the direct emitter data categorie s and the remaining subpart RR data elements to one of th e supplier data categories. For the following five subpart RR data elements in the

direct emitter “Test & Calibration Methods” data ca tegory, 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 pathway s for CO 2 in the maximum monitoring area and the likelihood, magnitude, and timing, of surface leaka ge*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 74 of 114 of CO 2 through these pathways; a strategy for detecting and quantifying any surface leakage of CO 2 ; a strategy for establishing the expected baselines for monitor ing CO 2 surface leakage; and a summary of the considerations intended to be used to calculate sit especific 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 change s to the monitoring program that were not material changes warranting submission of a revised MRV plan (in annual monitoring reports).



### • Annual monitoring report: Narrative history of any monitoring anomalies that were detected in the previous calendar year and how they were investigat ed 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 injec ted CO 2 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 beca use they

are information about methods that are or were used to demonstrate that the injected CO 2 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 al l data elements in the “Test & Calibration Methods” catego ry are not entitled to CBI treatment. We evaluated whethe r the*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 75 of 114 level of detail and information in these documents will vary so much from reporter to reporter based on sit especific conditions that a confidentiality determin ation

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 furt her evaluated whether some specific elements, methods, or supportive material are entitled to CBI treatment o r require case-by-case evaluation so that they should be broken out as their own data elements. Having cons idered these approaches, we nonetheless find that disclosu re by

EPA of the details in these five data elements woul d not provide insight to competitors about proprietary

information. These data elements reveal informatio n about monitoring techniques for which information is publ icly available in the scientific community about their effectiveness, such as in conference papers and pee r reviewed journal articles. The “MRV plans and revi sed MRV plans” data element does not contain the monitoring results that are obtained after implementation of the MRV p lan, or project information the disclosure of which is like ly to cause substantial competitive harm. For the discontinuation of reporting data element, the repo rter

will not submit this information to EPA until after the*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 76 of 114 injection has ceased and the well or group of wells have been plugged or abandoned, and thus the public avai lability upon EPA’s release of this information is not likel y to cause substantial harm to the reporter’s competitiv e position. Therefore, we are proposing that the fiv e data

elements listed above merit the same confidentialit y determination as the other data elements in the “Te st & 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 submit ted to EPA under subpart RR, including “MRV plans and revi sed MRV plans.” For the following subpart RR data element in the “Calculation Methodology and Methodological Tier” d ata category, EPA considered multiple approaches to mak ing a data category assignment:



### • Annual monitoring report: A description of any surf ace leakages of CO 2 , including a discussion of all methodologies and technologies involved in detectin g and quantifying the surface leakages and any assumptions and uncertainties involved in calculati ng the amount of CO 2 emitted. EPA considered assigning this data element to the “Calculation Methodology and Methodological Tier” d ata*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 77 of 114 category, and EPA considered assigning it to the “T est & Calibration Methods” category, as was done with the other annual monitoring report data elements, and either following the category-wide non-CBI determination o r making a CBI determination on a case-by-case basis once th e material is submitted and closely evaluated by EPA. Having considered these options, we ultimately determined that this data element provides the methodologies, techn ologies, and assumptions used by reporters to calculate the mass of

CO 2 emitted from surface leakage. Therefore, we are proposing to assign the data element to the “Calcul ation 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 therefor e not

entitled to confidential treatment. We seek commen t on this determination and any rationale for or against this approach. 6. Subpart SS - Electrical Equipment Manufacture o r Refurbishment. EPA is not proposing to assign any subpart SS data elements to the “Unit/process Static Characteristic s That are Not Inputs to Emission Equations” or the “Unit/ process*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 78 of 114 Operating Characteristics That are Not Inputs to Em ission Equations” data category. The subpart SS data elements are listed individuall y by data category and proposed confidentiality deter mination in the Memorandum entitled “Docket EPA-HQ-OAR-2011- 0028

Memo A.” C. GHG Supplier Data Categories For supplier subparts QQ, RR, and UU 11 , EPA is assigning each data element to one of eleven suppli er data categories. For the data elements in three data categories, we are proposing whether or not each da ta

element is entitled to confidential treatment. As mentioned above in section III.B of this preambl e, for the eight data categories with category-based f inal determinations, EPA will apply these determinations to all the data elements assigned to those categories from the eight subparts. We have not repeated the informati on on EPA’s decision process or listed each data element in these eight data categories in this preamble. EPA’s rati onale

for the final CBI determination can be found in the preamble to the Final CBI Rule (76 FR 30782). For a list

11 Subparts RR and UU are neither exclusively direct emitter nor supplier source categories. For the purposes of th is 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 79 of 114 of the proposed category assignments (excluding inp uts to emission equations) for the data elements in these subparts, please see the Memorandum entitled “Docke t EPAHQ-OAR-2011-0028 Memo A.” With respect to the three supplier data categories

that have been determined not to be emission data b ut do not have category based confidentiality determinati ons (“GHGs Reported,” “Production/Throughput Quantities and Composition,” and “Unit/Process Operating Characteristics”), EPA evaluated the individual dat a elements in the eight subparts assigned to these ca tegories to determine whether they qualify as CBI. In the s ections below, EPA lists the data elements in the three cat egories by subpart and states the reasons for proposing to determine that these data elements do or do not qua lity as CBI under CAA section 114(c). EPA is emphasizing t hat we request comment on these proposals. 1. Subpart QQ - Importers and Exporters of Fluorin ated Greenhouse Gases Contained in Pre-charged Equipment or

Closed-cell Foams. EPA is proposing to assign ten 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 exporte rs. The*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 80 of 114 importer and exporter data elements are identical e xcept for whether they are specific to importers or expor ters, so we have combined the analogous data elements in the five bullets in the list below to reduce repetition. No te that all 10 data elements represented in this specific c ase are also in the “Production/Throughput Quantities and Composition” data category because the GHG reported is also the product being imported or exported. 12



### • Total mass of each fluorinated greenhouse gas (F-GH G) imported/exported in pre-charged equipment or close dcell foams.



### • Identity of imported/exported F-GHG used as a refrigerant or electrical insulator.



### • Identity of the imported/exported F-GHG contained i n 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 identityand mass of the fluorinated GHGs within the closedcell foam: total mass in metric tons of CO 2 e 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 c ategory

12 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 81 of 114 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 categor y, the 10 importer data elements and 10 exporter data elem ents are identical except for whether they are specific to i mporters or exporters. Therefore, we have combined the anal ogous data elements in the 10 bullets in the list below t o reduce repetition.



### • Charge size (holding charge, if applicable) for eac h type of pre-charged equipment imported/exported.



### • Number of pre-charged equipment imported/exported.



### • Mass of the imported/exported F-GHG contained in th e 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 identityand 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 CO 2 e contained in the foam in each appliance.



### • If the importer/exporter does not know the identityand 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 identityand mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not imported/exported inside of appliances, the mass in CO 2 e of the fluorinated GHGs in the foam.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 82 of 114



### • If the importer/exporter does not know the identityand 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/Thr oughput Quantities and Composition” data categories be cons idered CBI. These data categories contain importer- and e xporterlevel production information (mass, volume, density , quantity, or identity of the equipment or foam or fluorinated gas within the equipment or foam), repo rted separately for pre-charged equipment, closed-cell f oam, and for appliances that contain closed-cell foam. EPA proposes to determine that these importer- and exporter-leve l 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 bu sinesses reporting these data. Releasing these data could b e detrimental to the operational and marketing strate gies of the reporting parties, as explained in the followin g example.

The disclosure of the volume of foam or the count o f appliances or equipment exported provides insight i nto a firm’s market share and financial performance. For*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 83 of 114 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 g ain a competitive advantage over another firm by better approximating a firm’s market share. Competitors m ay be able to drive struggling reporters out of business by implementing short-term price-cutting tactics. In many 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 ha rm the competitive position of reporting parties. As prev iously noted, EPA is proposing that all data elements in t hese two data categories (“GHGs Reported” and “Production/Th roughput Quantities and Composition”) are to be considered C BI. EPA is soliciting comments on EPA’s proposed determinat ions described above. When submitting a comment disagre eing with a proposed determination, please identify the specific data element(s) and provide detailed supporting inf ormation on why EPA’s proposed determination is not appropri ate and why such data element(s) do or do not qualify as CB I. EPA is proposing to assign eight data elements to t he “Unit/Process Operating Characteristics” data categ ory because they refer to the operating characteristics of the supplier, such as dates of shipment. Four data ele ments*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 84 of 114 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 bul lets 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.



### • If the importer/exporter does not know the identityand mass of the fluorinated GHGs within the closedcell foam: Dates on which the closed-cell foams wer e imported/exported.



### • If the importer/exporter does not know the identityand mass of the fluorinated GHGs within the closedcell foam: Certification that the importer/exporter was unable to obtain information on the identity an d 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 dat a category are non-CBI. As explained below, EPA find s that the release of these data will not likely cause sub stantial competitive harm. Releasing a certification about the ability to obta in information would not likely cause substantial comp etitive harm because certification statements are general i n nature, do not provide any insight into the design or operation efficiencies of the plant, and do not rev eal other competitive information (e.g., market share, ability*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 85 of 114 to increase production to meet new increases in dem and, or price structures). Moreover, certification stateme nts will consist of only the language that EPA publicly prov ides in the data reporting tool and will not include any fa cilityor process-specific information that could be consi dered proprietary. Therefore, EPA proposes that certific ation

statements are not CBI. The other subpart QQ data elements in this data category are dates of import or export. Dates do n ot reveal information related to the type or quantity of product imported or exported, or to the operational strengths or weaknesses, operational capacity, or c ustomer base of the reporter. Dates of import or export wo uld not likely cause substantial competitive harm if releas ed because dates do not provide any insight into at wh at percent of capacity a firm is operating or into fin ancial performance, the release of which might allow compe titors to implement short-term price cutting tactics to ca pture the reporter’s market share. Therefore, EPA propos es that these data elements, the date of the import or expo rt, 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*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 86 of 114 disagreeing with a proposed determination, please i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 2. Subpart RR - Geologic Sequestration of Carbon D ioxide. Subpart RR is neither a direct emitter nor a suppli er 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 le akage to one of the direct emitter data categories and the r emaining subpart RR data elements to one of the supplier dat a categories. EPA is proposing to assign nine data elements to th e “GHGs Reported” data category because they are the actual GHGs reported. Note that all nine of the data elem ents in this specific case are also in the “Production/Thro ughput Quantities and Composition” data category because t he GHG reported is also the product being used as a throug hput. 13



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually.

13 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 87 of 114



### • If you receive CO 2 in containers, report: The net mass of CO 2 received (in metric tons) annually.



### • If you use more than one receiving flow meter, repo rt the total net mass of CO 2 received (metric tons) through all flow meters annually.



### • For each injection flow meter (mass or volumetric), report: the mass of CO 2 injected annually.



### • Total CO 2 injected during the reporting year as calculated in Equation RR-6.



### • For each separator flow meter (mass or volumetric), report: CO 2 mass produced (metric tons) annually.



### • Annual CO 2 produced in the reporting year, as calculated in Equation RR-9.



### • Annual CO 2 sequestered in the subsurface geologic formations in the reporting year, as calculated by Equation RR-11 or RR-12.



### • Cumulative mass of CO 2 reported as sequestered in the subsurface geologic formations in all years since t he 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 CO 2 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 be low. Furthermore, five data elements about mass flow met ers and

five data elements about volumetric flow meters are identical except for whether they are specific to m ass or*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 88 of 114 volumetric meters. Therefore, we have combined the ten analogous data elements into five bullets in the li st below to reduce repetition. The remaining seven data ele ments that EPA proposes to assign to this data category e ach appear in the list below under an individual bullet

.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: planned annual CO 2 injection volumes during this time period.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(5): Volumetric/mass flow through a receiv ing flow meter at standard conditions in each quarter.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(5) of this section: The volumetric/mass f low through a receiving flow meter that is redelivered to another facility without being injected into your w ell in each quarter.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(5) of this section: CO 2 concentration in the flow in each quarter.



### • If you receive CO 2 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 CO 2 in containers, report: The concentration of CO 2 of contents in containers (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If you receive CO 2 in containers, report: The mass (in metric tons) or volume (in standard cubic meters) o f contents in containers that is redelivered to anoth er facility without being injected into your well in e ach quarter.



### • For each injection flow meter (mass or volumetric), report: CO 2 concentration in flow (volume or weight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 89 of 114 percent CO 2 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: CO 2 concentration in flow (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If a volumetric/mass separator flow meter is used, volumetric/mass flow rate at standard conditions in each quarter.



### • The entrained CO 2 in produced oil or other fluid divided by the CO 2 separated through all separators in the reporting year (weight percent CO 2 expressed as a decimal fraction) used as the value for X in Equati on RR-9 and as determined according to your EPA-approv ed MRV plan. EPA proposes that all data elements in these two da ta categories (“GHGs Reported” and “Production/Through put Quantities”) are not CBI. As explained below, EPA finds that the release of these data will not likely caus e substantial competitive harm. Six of the data elements are facility-level and flo w meter-level information on the quantity of CO 2 injected. This information can be determined from Underground Injection Control (UIC) permits, which are issued f or each injection well by EPA or by states that have assume d primary enforcement authority for permitting inject ion wells. Information related to the permits is repor ted to*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 90 of 114 EPA or states at least annually and made available to the public either through state websites or upon reques t from the public. Because this information is routinely publicly available, EPA finds that further disclosure of dat a

elements on CO 2 injection is not likely to cause substantial competitive harm to the reporter, and EPA proposes to

determine that this information will not be treated as confidential. Six of the data elements are facility-level and flo w meter-level information on the quantity of CO 2 produced. The reporters that are required to include this inf ormation in their annual reports inject CO 2 underground into oil or natural gas reservoirs via injection wells for the purpose of increasing crude oil production or enhancing rec overy of natural gas, and the CO 2 is then produced with oil and gas. State oil and gas conservation agencies in all stat es where enhanced oil and gas recovery is occurring collect information on quantities of oil and gas produced b y well to calculate royalties. This information is report ed to EPA or States at least annually and made available to the public either through state websites or upon reques t from the public. Moreover, incremental oil production f rom CO 2 injection is published in the biannual Oil & Gas Jo urnal*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 91 of 114 Enhanced Oil Recovery survey. 14 Given the present level of reporting of production in the EOR industry just de scribed (i.e., information is made publicly available by st ates and in the biannual industry reports), EPA finds that C O 2 production information does not provide additional insight into any aspect of operations the release of which might undercut any competitive advantage that the reporte r may enjoy. Because this information is publicly availa ble, EPA proposes to determine that this information will no t be

treated as confidential. Subpart RR facilities must report annual mass of CO 2 sequestered in the subsurface geologic formations i n the reporting year, as calculated by Equation RR-11 or RR-12.

These values are calculated from CO 2 injection, production, and emission data using a mass balance approach. A s discussed above in this section, CO 2 injection and CO 2 production data are already publicly available. In addition, CO 2 emission data are emission data and must be made publicly available. As a result, the quantity of CO 2 sequestered can be calculated from data that are al ready publicly available. Because this information may b e readily derived from information already publicly available, EPA has determined that its release of t he

14 Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas Journal, Volume 108, Issue 14.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 92 of 114 reported mass of CO 2 sequestered would not likely cause substantial competitive harm. For these reasons, E PA proposes to determine that this information is not eligible

for confidential treatment and will be considered t o be

non-CBI. Twelve of the data elements are facility-level and flow meter-level information on the quantity of CO 2 received. None of the data elements on CO 2 received

includes information on CO 2 prices or contract terms, such

as information on the concentration of other incide ntal

substances in the CO 2 stream, the disclosure of which could allow competitors to ascertain the relative strengt h of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors.

The data elements also do not include information t hat would allow a competitor to deduce the reporter’s o perating

costs. Moreover, as an example, for a facility where the C O 2 received is wholly injected and is not mixed with a ny other supply of CO 2 , such as a geologic sequestration project at a deep saline formation, the reporter may report the quantity

of CO 2 injected as the quantity of CO 2 received. This

amount can be determined from information that is r eported at least annually as part of a facility’s UIC permi t and*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 93 of 114 made available to the public either through state w ebsites or upon request from the public. For the reasons d escribed in this paragraph, EPA finds that releasing the 12 data

elements on CO 2 received would not likely result in substantial competitive harm, and EPA proposes to d etermine that this information does not qualify for confiden tial

treatment and will be considered to be non-CBI. EPA is proposing to assign nine data elements to th e “Unit/Process Operating Characteristics” data categ ory because they refer to the operating characteristics of the site, such as project duration and CO 2 source.



### • For submissions in support of a research and development (R&D) project exemption from reporting under subpart RR: The planned duration of CO 2 injection for the project.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The research purpo ses of the project.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The source and typ e of funding for the project.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The class of the underground injection control permit.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The duration of th e underground injection control permit.

• For submissions in support of an R&D project exempt ion 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 94 of 114

• Source of the CO 2 received according to the following categories: CO 2 production wells, electric generating unit, ethanol plant, pulp and paper mill, natural g as processing, gasification operations, other anthropogenic source, CO 2 received from a discontinued enhanced oil and gas recovery project, and unknown.



### • For each injection flow meter, report the location of the flow meter.



### • If a well is permitted by an Underground Injection Control program, report: Underground Injection Cont rol permit class. EPA is proposing that all data elements in this dat a category are non-CBI. As explained below, EPA find s that the release of these data will not likely cause sub stantial competitive harm.

Five of these data elements include basic informati on on the legal instrument authorizing geologic seques tration. For a facility permitted by the UIC program under a uthority of the Safe Drinking Water Act, information on the class and duration of the permit is already publicly avai lable in the UIC permit. For an offshore facility that is n ot subject to the Safe Drinking Water Act and therefor e does not need a UIC permit, the facility would be subjec t to other statutory authority authorizing the facility to conduct geologic sequestration. Since these five d ata elements contain public information, EPA finds that their release by EPA is not likely to cause substantial*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 95 of 114 competitive harm; they do not qualify for confident ial

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 fund ing, and type of funding. These data elements do not includ e the amount of funding received. They do not provide in sight into the costs of sequestering CO 2 at the facility, the disclosure of which could allow competitors to asce rtain the relative strength of their market position and to identify sources of competitive advantage (or disad vantage) 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 inf ormation on its website about the Regional Carbon Sequestrat ion Partnership projects that it funds. 15 These projects also participate in public conferences at which they pre sent papers about their projects and findings. Since th is information is of the same nature for all projects, EPA finds that publication of such information by some projects demonstrates that disclosure of equivalent informat ion for all projects is not likely to cause substantial har m.

15 http://www.netl.doe.gov/technologies/carbon_seq/par tnerships/RCSP_Proje ctDescriptions.html*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 96 of 114 Therefore, EPA proposes to determine that this info rmation is not eligible for confidential treatment; it will be

considered to be non-CBI.

The data element related to the source of CO 2 received identifies the type of source that supplied the fac ility

with CO 2 in the reporting year, such as an ethanol plant.

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

CO 2 to the reporter, or the amount of CO 2 provided by each supplier. This data element does not include infor mation

on CO 2 prices or contract terms, the disclosure of which could allow competitors to ascertain the relative s trength of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors. Since revealing this data element does not provide competitors with an advantage, EPA proposes to dete rmine 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 97 of 114 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 conduct ing only

CO 2 injection into a new subpart (subpart UU). Subpar t RR retains all definitions, requirements, and procedur es related to facilities conducting geologic sequestra tion. The explanation and a summary of major changes sinc e 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 suppli er 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 simi lar in type and characteristics to supplier data. EPA is proposing to assign three data elements to t he “GHGs Reported” data category because they are the actual GHGs reported. Note that all three of the data ele ments in this specific case are also in the “Production/ Thr oughput*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 98 of 114 Quantities and Composition” data category because t he GHG reported is also the GHG being used as a throughput

. 16



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually.



### • If you receive CO 2 in containers, report: The net total mass of CO 2 received (in metric tons) annually.



### • If you use more than one receiving flow meter, repo rt the net total mass of CO 2 received (metric tons) through all flow meters annually. 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 CO 2 used as throughput at the site. Note that three of the data elements in this specific ca se are in the “GHGs Reported” data category list above bec ause the GHG reported is also the GHG being used as a throug hput. They are not repeated in the list below. Furthermo re,

three data elements about mass flow meters and thre e 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 repe tition. The remaining three data elements that EPA proposes to

16 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 99 of 114 assign to this data category each appear in the lis t below

under an individual bullet.



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 : Volumetric/mass flow through a receiving flow meter at standard conditio ns in each quarter.



### • If you receive CO 2 by pipeline, report the following for each flow meter: If a volumetric/mass flow mete r is used to receive CO 2 : The volumetric/mass flow through a receiving flow meter that is redelivered to another facility without being injected into your w ell in each quarter.



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 : CO 2 concentration in the flow in each quarter.



### • If you receive CO 2 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 CO 2 in containers, report: The concentration of CO 2 of contents in containers (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If you receive CO 2 in containers, report: The mass (in metric tons) or volume (in standard cubic meters) o f contents in containers that is redelivered to anoth er facility without being injected into your well in e ach quarter. EPA proposes that all data elements in these two da ta categories (“GHGs Reported” and “Production/Through put Quantities”) are not CBI. These data elements are facility-level and flow meter-level data for CO 2 received.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 100 of 114 None of the data elements on CO 2 received includes

information on CO 2 prices or contract terms, such as

information on the concentration of other incidenta l

substances in the CO 2 stream, the disclosure of which could allow competitors to ascertain the relative strengt h of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors.

The data elements also do not include information t hat would allow a competitor to deduce the reporter’s o perating costs. Moreover, for a facility where the CO 2 received is wholly injected and is not mixed with any other sup ply of

CO 2 , such as a geologic sequestration project at a dee p saline formation, the reporter may report the quant ity of

CO 2 injected as the quantity of CO 2 received. This amount can be determined from information that is reported at least annually as part of a facility’s UIC permit a nd made available to the public either through state websit es or upon request from the public. For these reasons, EPA finds that releasing the twe lve

data elements on CO 2 received would not likely result in substantial competitive harm, and EPA proposes to d etermine that this information does not qualify for confiden tial

treatment and will be considered to be non-CBI.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 101 of 114 EPA is proposing to assign one data element to the “Unit/Process Operating Characteristics” data categ ory because it refers to an operating characteristic of the

site.



### • Source of the CO 2 received according to the following categories: CO 2 production wells, electric generating unit, ethanol plant, pulp and paper mill, natural g as processing, gasification operations, other anthropogenic source, discontinued enhanced oil and gas recovery project, and unknown. The data element related to the source of CO 2 received identifies the type of source that supplied the fac ility

with CO 2 in the reporting year, such as an ethanol plant.

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

CO 2 to the reporter, or the amount of CO 2 provided by each supplier. This data element does not include infor mation

on CO 2 prices or contract terms, the disclosure of which could allow competitors to ascertain the relative s trength of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors. EPA finds that the release by EPA of the data eleme nt

related to the source of CO 2 received is not likely to cause substantial competitive harm, and EPA proposes to d etermine that it does not qualify for confidential treatment ; it

will be considered to be non-CBI.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 102 of 114 EPA is soliciting comments on EPA’s proposed determinations described above. When submitting a comment disagreeing with a proposed determination, please i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination 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 d ata reporting through this proposal and rulemaking proc ess, potential reporters are able to submit comments ide ntifying data they consider sensitive and provide the ration ales and supporting documentation they would otherwise submi t for case-by-case confidentiality determinations. We se ek comment on the confidentiality status of data eleme nts in two direct emitter data categories (“Unit/Process ‘ Static’ Characteristics That are Not Inputs to Emission Equ ations” and “Unit/Process Operating Characteristics That ar e Not Inputs to Emission Equations”) and three supplier d ata categories (“GHGs Reported,” “Production/Throughput Quantities and Composition,” and “Unit/Process Oper ating Characteristics”). We will evaluate claims of confidentiality before finalizing the proposed*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 103 of 114 confidentiality determinations; however, this will be your only opportunity to substantiate your confidentiali ty claim. Where we make confidentiality determination s prior to data reporting through this proposal and rulemak ing process, you will not be able to claim separately t hat certain data that has already been categorized as d ata to be released are CBI when you submit those data as p art of a GHG emissions report under Part 98. Please consider the following instructions in submitting comments on the data elements in these e ight subparts. 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 publ ic release of that particular data element would or wo uld not cause a competitive disadvantage to a facility. Di scuss how this data element may be different from or simi lar to data that are already publicly available. Please s ubmit information identifying any publicly available sour ces of information containing the specific data elements i n question, since data that are already available thr ough other sources would not be CBI. In your comments, please identify the manner and location in which each spec ific data element you identify is available, including a*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 104 of 114 citation. If the data are physically published, su ch as in a book, industry trade publication, or federal agen cy 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 publis her 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 cou ld occur and explain how the discerned information would neg atively affect your competitive position. Describe any uni que process or aspect of your facility that would be re vealed if the particular data element you consider sensiti ve were made publicly available. If the data element you i dentify would cause harm only when used in combination with other publicly available data, then describe the other da ta, identify the public source(s) of these data, and ex plain

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 r egarding potential harm. Please be as specific as possible in your*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 105 of 114 comments and include all information necessary for EPA to evaluate your comments. IV. 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 act ion” because it raises novel legal or policy issues. Accordingly, EPA submitted this action to the Offic e of Management and Budget (OMB) for review under Execut ive Orders 12866 and 13563 (76 FR 3821, January 21, 201 1) 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 a nd does not increase the reporting burden. However, the Of fice of Management and Budget (OMB) has previously approved the information collection requirements contained in th ese eight subparts, under 40 CFR part 98, under the pro visions of the Paperwork Reduction Act , 44 U.S.C. 3501 et seq . The Information Collection Request (ICR) documents prep ared by EPA have been assigned the following OMB control nu mbers:*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 106 of 114 2060-0650, for subparts I, L, DD, and SS; 2060-0649 , for subparts RR and UU; and 2060-0651, for subpart W. 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 th e Administrative Procedure Act or any other statute u nless the agency certifies that the rule will not have a significant economic impact on a substantial number of

small entities. Small entities include small busin esses, small organizations, and small governmental jurisdi ctions.For purposes of assessing the impacts of this reproposal on small entities, “small entity” is defin ed as: (1) a small business as defined by the Small Busine ss 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 w ith a population of less than 50,000; or (3) a small orga nization that is any not-for-profit enterprise which is independently owned and operated and is not dominan t in its

field.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 107 of 114 After considering the economic impacts of this acti on on small entities, I certify that this action will not have a significant economic impact on a substantial numb er of small entities. This action will not impose any ne w requirement on small entities that are not currentl y required by Part 98. EPA took several steps to reduce the impact of Part 98 on small entities. For example, EPA determined app ropriate

thresholds that reduced the number of small busines ses reporting. In addition, EPA did not require facili ties to install continuous emission monitoring systems (CEM S) if they did not already have them. Facilities without CEMS can calculate emissions using readily available dat a or data that are less expensive to collect such as pro cess data or material consumption data. For some source categories, EPA developed tiered methods that are s impler and less burdensome. Also, EPA required annual ins tead of more frequent reporting. Finally, EPA continues to conduct significant outreach on the mandatory GHG reporting rule and maintains an “open door” policy for stakeholder s to help inform EPA’s understanding of key issues for t he

industries.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 108 of 114 We continue to be interested in the potential impac ts

of this action on small entities and welcome commen ts on

issues related to such effects. D. Unfunded Mandates Reform Act (UMRA)

Title II of the Unfunded Mandates Reform Act of 199 5 (UMRA), 2 U.S.C. 1531-1538, requires Federal agenci es, unless otherwise prohibited by law, to assess the e ffects of their regulatory actions on State, local, and tr ibal governments and the private sector. Federal agenci es must also develop a plan to provide notice to small gove rnments that might be significantly or uniquely affected by any regulatory requirements. The plan must enable offi cials of affected small governments to have meaningful and t imely input in the development of EPA regulatory proposal s with significant Federal intergovernmental mandates and must inform, educate, and advise small governments on co mpliance 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 aggreg ate, or the private sector in any one year. This re-propos al is administrative and does not increase the reporting burden. Thus, this action is not subject to the requirement s of

sections 202 or 205 of the UMRA.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 109 of 114 In developing Part 98, EPA consulted with small governments pursuant to a plan established under se ction 203 of the UMRA to address impacts of regulatory requirements in the rule that might significantly o r uniquely affect small governments. For a summary o f EPA’s consultations with State and/or local officials or other representatives of State and/or local governments i n developing Part 98, see Section VIII.D of the pream ble 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 Sta tes, on the relationship between the national government an d the States, or on the distribution of power and responsibilities among the various levels of govern ment, as specified in Executive Order 13132. However, for a more detailed discussion about how Part 98 relates to ex isting State programs, please see Section II of the preamb le to the final rule (74 FR 56266, October 30, 2009). This action applies to facilities that directly emi t greenhouses gases. It does not apply to government al entities unless a government entity owns a facility that directly emits greenhouse gases above threshold lev els, so relatively few government facilities would be affec ted.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 110 of 114 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 ap ply to

this action. In the spirit of Executive Order 13132, and consist ent with EPA policy to promote communications between E PA and State and local governments, EPA specifically solic its comment on this proposed action from State and loca l officials. For a summary of EPA’s consultation wit h State and local organizations and representatives in deve loping 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 Coordin ation

with Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, No vember 9, 2000). This re-proposal is administrative and d oes not increase the reporting burden. Thus, Executive Ord er 13175 does not apply to this action. For a summary of EP A’s consultations with tribal governments and represent atives, see Section VIII.F of the preamble to the final rul e (74 FR 56371, October 30, 2009). EPA specifically solicit s additional comment on this proposed action from tri bal

officials.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 111 of 114 G. Executive Order 13045: Protection of Children f rom Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulator y actions that concern health or safety risks, such t hat the analysis required under section 5-501 of the Execut ive Order has the potential to influence the regulation . This action is not subject to Executive Order 13045 beca use it

does not establish an environmental standard intend ed to mitigate health or safety risks. H. Executive Order 13211: Actions that Significant ly 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 Ac t Section 12(d) of the National Technology Transfer a nd Advancement Act of 1995 (NTTAA), Public Law No. 104 -113 (15 U.S.C. 272 note) directs EPA to use voluntary conse nsus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherw ise impractical. Voluntary consensus standards are tec hnical standards (e.g., materials specifications, test met hods, sampling procedures, and business practices) that a re*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 112 of 114 developed or adopted by voluntary consensus standar ds bodies. NTTAA directs EPA to provide Congress, thr ough OMB, explanations when the Agency decides not to us e available and applicable voluntary consensus standa rds.

This action does not involve technical standards. Therefore, EPA is not considering the use of any vo luntary

consensus standards.

J. Executive Order 12898: Federal Actions to Addre ss Environmental Justice in Minority Populations and L owIncome Populations Executive Order 12898 (59 FR 7629, February 16, 199 4) establishes Federal executive policy on environment al justice. Its main provision directs Federal agenci es, to the greatest extent practicable and permitted by la w, 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 determin ed that this action will not have disproportionately high a nd

adverse human health or environmental effects on mi nority or low-income populations because it does not affec t the*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 113 of 114 level of protection provided to human health or the environment. This action addresses only reporting and recordkeeping procedures.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 114 of 114 List of Subjects 40 CFR Part 2 Environmental protection, Administrative practice a nd procedure, Reporting and recordkeeping requirements

.

Dated:

Lisa P. Jackson, Administrator.

## 1

MEMORANDUM A

To: Docket EPA-HQ-OAR-2011-0028

From: Barbora Master, EPA/Climate Change Division and Brian Palmer and Amanda Baynham, ERG

Date: August 10, 2011 Subject: Proposed data category assignments for data elements in 40 CFR part 98, subparts I,

L, W, DD, QQ, RR, SS, and UU.

In this memorandum, we show the proposed data category a ssignments and confidentiality determinations for Part 98 data elements i n the Proposed Confidential Determinations for Eight Subparts of the Mandatory Greenhouse Gas Reporting Rule

. Background EPA published the Mandatory Greenhouse Gas Reporting Rule on October 30, 2009 (74 FR 56260). This rule was designed to collect information nece ssary to characterize and quantify greenhouse gas (GHG) emissions from a broad range of industry sectors, including direct emitters of GHGs (e.g., glass manufacturing facilities) and suppliers of certain products that would result in GHG emissions if released, combusted, or oxidized by the downstream user of these products (e.g., fossil fuels and industrial GHGs). T he requirements for the Mandatory GHG Reporting Rule are codified at 40 CFR Part 98. During t he development of Part 98, EPA received a number of comments from businesses and other stakeholders regarding their concern that some of the data required to be reported consisted of trade secrets and other confidential business information (CBI) that, if released to the public, would likely harm their competitive position. To address these concerns, EPA published the Proposed Confidentiality Determinations for Data Required under the Mandatory Greenhouse Gas Reporting Rule and Proposed Amendment to Special Rules Governing Certain Information Obtained under the Clean Air Act

on July 7, 2010 (75 FR 39094) to establish which Part 98 data elem ents are entitled to confidential treatment (referenced hereinafte r as the CBI Proposal). The CBI Proposal included proposed confidentiality determina tions for data elements in seven new Part 98 subparts that had been proposed but not yet finalized at the time of publication of the CBI Proposal. EPA subsequently finalized these new subparts plus an eighth in three separate amendments to the Mandatory Greenhouse Gas Repo rting Rule (see 75 FR 74458, November 30, 75 FR 74774, December 1, 2010, and 75 FR 75060, December 1, 2010)

. Although EPA had already proposed confidentiality determi nations for the data elements in the proposed subparts, many data elements were added and changed bet ween proposal and promulgation of these subparts and portions of subpart RR were split off to create a new subpart UU. As result, EPA is re-proposing the confidentiality determinations for these eight subparts in a separate action titled Re-proposal of Confidential Determinations for Eight Subparts under the Mandatory Reporting of Greenhouse Gases Rule . Copies of both the original CBI proposal and

## 2

the supplementary proposal for the eight new subparts are available on EPA’s Web site: http://www.epa.gov/climatechange/emissions/CBI.html

. Data Elements Covered in this Memorandum In this memorandum, we show the data category assignmen ts and proposed confidentiality determinations for data elements that mus t be reported under the following final subparts:

• Subpart I, Electronics Manufacturing (75 FR 74774, December 1, 2010) ;

• Subpart L, Fluorinated Gas Production (75 FR 74774, December 1, 2010);

• Subpart W, Petroleum and Natural Gas Systems (75 FR 74458, Nov ember 30, 2010);

• Subpart DD, Electrical Transmission and Distribution Equ ipment Use (75 FR 74774, December 1, 2010);

• Subpart QQ, Importers and Exporters of Fluorinated Greenhous e Gases Contained in Pre-charged Equipment or Closed-cell Foams (75 FR 74774, De cember 1, 2010);

• Subpart RR, Geologic Sequestration of Carbon Dioxide (75 FR 75060, December 1, 2010);

• Subpart SS, Electrical Equipment Manufacture or Refurbish ment (75 FR 74774, December 1, 2010); and

• Subpart UU, Injection of Carbon Dioxide (75 FR 75060, December 1, 2010). 1 

## Consistent with the CBI Proposal, each data element was assigned to one of 22 distinct data categories (11 data categories for the direct emitt er source categories and 11 for the supplier source categories). For the list of category assignme nts and proposed confidentiality determinations for the data elements in the eight new subparts, see Tables A-1 and A-2 in Appendix A at the end of this memorandum. Table A-1 shows the data elements assigned to the 10 of the 11 direct emitter data categories and Table A-2 s hows the data elements assigned to the 11 supplier data categories. Note that some data element s for subpart RR are included in the direct emitter data categories listed in Table A-1 (i.e., data elements that are related to GHG emissions to the atmosphere including emissions from surf ace equipment and from the leakage of CO 2 

## from geologic sequestration 2 

## ), while the remaining subpart RR data elements (i.e., t hose related to CO 2 

## sequestration) are categorized under the supplier data ca tegories listed in Table A2. For additional information on the data categories and the approach to making confidentiality determinations for these data elements, see the preamble to the final rulemaking Confidentiality Determinations for Data Required under the Mandatory Greenhouse Gas Reporting Rule and

1 

### EPA initially proposed subparts RR and UU as a single s ubpart (subpart RR); however, as a result of public comments on subpart RR, EPA moved all definitions, require ments, and procedures for facilities only conducting CO 2 

### injection into a new subpart (subpart UU). Subpart RR re tained all definitions, requirements, and procedures related to facilities conducting injection and geologic seque stration. 2 

### Leakage is defined in proposed subpart RR as the movement of CO 2 

### from the injection zone to the surface (for example to the atmosphere, indoor air, oceans or surfac e water) (see 75 FR 18576, April 12, 2010).

## 3

Amendment to Special Rules Governing Certain Information Obtained under the Clean Air Act published on May 26, 2011 (76 FR 30782). A copy of the proposal is available on EPA’s Web site: http://www.epa.gov/climatechange/emissions/CBI.html

. This memorandum does not include confidentiality determinati ons for data elements assigned to the inputs to emission equations data category. EPA received numerous public comments on the proposed confidentiality determination t hat raised valid concerns regarding the release of data that are in the inputs to emission equat ions data category. EPA decided that those concerns warranted additional deliberation and therefore publ ished two notices that impact the data elements listed in the inputs to emission equations category. The first notice is a proposal to defer the reporting deadline until March 31, 2014 for data el ements that are inputs to emission equations (see Change to the Reporting Date for Certain Dat a Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule, 75 FR 81350, Decem ber 27, 2010). That notice allows EPA additional time to consider the conc erns raised by commenters before reporters are required to submit those data elements in thei r annual reports. The second notice is a call for information that solicited additional infor mation so that EPA can adequately evaluate the best path forward with regard to the inputs to emissio n equations data category (see Call for Information: Information on Inputs to Emission Equations under the Mandatory Repor ting of Greenhouse Gases Rule , 75 FR 81366, December 27, 2010).

## Appendix A

Data Category Assignments and Proposed Confidentiality Dete rminations for

Subparts I, L, W, DD, QQ, RR, SS, and UU.

Table A-1: List of Proposed Data Category Assignments and CBI De terminations for

Direct Emitters Table A-2: List of Proposed Data Category Assignments and CBI De terminations for

SuppliersKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBII - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: provide a list of specific items of monitoring instrumentation andmeasuring services for which the request is being made.98.94a2iiA XI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: provide the locations where each piece of monitoring instrumentationwill be installed and where each measurement service will be provided.98.94a2iiAXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: identify the specific rule requirements for which the instrumentation ormeasurement service is needed.98.94a2iiBXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: describe the reasons why the needed equipment could not beobtained, installed, or operated or why the neededmeasurement service could notbe provided before July 1, 2011.98.94a2iiCCI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: if the reason for the extension is that the equipment cannot bepurchased, delivered, or installed before July 1, 2011, include supportingdocumentation (e.g., date the monitoring equipmentwas ordered, investigation ofalternative suppliers, or the dates by which alternative vendors promised delivery orinstallation).98.94a2iiDXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: if the reason for the extension is that the equipment cannot bepurchased, delivered, or installed before July 1, 2011, include supportingdocumentation (e.g., backorder notices or unexpected delays or descriptions ofactions taken to expedite delivery or installation).98.94a2iiDXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: if the reason for the extension isthat service providers were unable to provide necessary measurement services,include supporting documentation demonstrating thatthese services could not beacquired before July 1, 2011. This documentation must include writtencorrespondence to and from at least three service providers stating that they will notbe available to provide the necessary services before July 1, 2011.98.94a2iiEXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: the specific best available monitoring methods that the facility will usein place of the required methods.98.94a2iiFXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for parameters other thanrecipe-specific utilization and by-product formation rates for the plasma etchingprocess type: describe the specific actions the owner or operator will take to complywith monitoring requirements by January 1, 2012.98.94a2iiGXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: provide a list ofspecific items of monitoring instrumentation and measuring services for which therequest is being made.98.94a3iiA XI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: provide thelocations where each piece of monitoring instrumentation will be installed and whereeach measurement service will be provided.98.94a3iiAxI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: identify the specificrule requirements for which the instrumentation ormeasurement service is needed.98.94a3iiAXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: describe thereasons why the needed equipment could not be obtained, installed, or operated orwhy the needed measurement service could not be provided before December 31,2011.98.94a3iiACTable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: if the reason forthe extension is that the equipment cannot be purchased, delivered, or installedbefore December 31, 2011, include supporting documentation (e.g., date themonitoring equipment was ordered, investigation ofalternative suppliers, or thedates by which alternative vendors promised delivery or installation).98.94a3iiAXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: if the reason forthe extension is that the equipment cannot be purchased, delivered, or installedbefore December 31, 2011, include supporting documentation (e.g., backordernotices or unexpected delays or descriptions of actions taken to expedite delivery orinstallation).98.94a3iiAXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: if the reason forthe extension is that service providers were unableto provide necessarymeasurement services, include supporting documentation demonstrating that theseservices could not be acquired before December 31,2011. This documentationmust include written correspondence to and from atleast three service providersstating that they will not be available to providethe necessary services beforeDecember 31, 2011.98.94a3iiAXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: the specific bestavailable monitoring methods that the facility willuse in place of the requiredmethods.98.94a3iiAXI - ElectronicsManufacturingFor extension requests for the use of BAMM in 2011for recipe-specific utilizationand by-product formation rates for plasma etching process type: describe thespecific actions the owner or operator will take tocomply with monitoringrequirements by January 1, 2012.98.94a3iiBXI - ElectronicsManufacturingFor extension requests for the use of BAMM beyond 2011: provide a list ofparameters for which the owner or operator is seeking use of best availablemonitoring methods beyond 2011.98.94a4iiAXI - ElectronicsManufacturingFor extension requests for the use of BAMM beyond 2011: describe the specificrule requirements that the owner or operator cannotmeet.98.94a4iiBXI - ElectronicsManufacturingFor extension requests for the use of BAMM beyond 2011: explain why therequirements cannot be met.98.94a4iiBCI - ElectronicsManufacturingFor extension requests for the use of BAMM beyond 2011: describe the uniquecircumstances necessitating an extension, includingspecific technical infeasibilitiesthat conflict with data collection.98.94a4iiCXI - ElectronicsManufacturingFor extension requests for the use of BAMM beyond 2011: describe the uniquecircumstances necessitating an extension, includingspecific data collection issuesthat do not meet safety regulations or specific laws or regulations that conflict withdata collection.98.94a4iiCXI - ElectronicsManufacturingFor extension requests for the use of BAMM beyond 2011: provide a detailedexplanation and supporting documentation of how theowner or operator will receivethe required data and/or services to comply with the reporting requirements.98.94a4iiDXI - ElectronicsManufacturingFor extension requests for the use of BAMM beyond 2011: provide a detailedexplanation and supporting documentation of when the owner or operator willreceive the required data and/or services to complywith the reporting requirements.98.94a4iiDCI - ElectronicsManufacturingFor extension requests for the use of BAMM beyond 2011: provide a detaileddescription of the specific best available monitoring methods that the facility will usein place of the required methods.98.94a4iiEXI - ElectronicsManufacturingAnnual manufacturing capacity of a facility as determined in Equation I-5. 98.96aXI - ElectronicsManufacturingFor facilities that manufacture semiconductors, thediameter of wafersmanufactured at a facility.98.96bXI - ElectronicsManufacturingAnnual emissions of each fluorinated GHG emitted from each process type forwhich your facility is required to calculate emissions as calculated in Equations I-6and I-7.98.96c1XI - ElectronicsManufacturingAnnual emissions of each fluorinated GHG emitted from each individual recipe(including those in a set of similar recipes).98.96c2XI - ElectronicsManufacturingAnnual emissions of each fluorinated GHG emitted from each process sub-type ascalculated in Equations I-8 and I-9.98.96c2XKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsI - ElectronicsManufacturingEmissions of N2O emitted from each chemical vapor deposition process and fromother N2O using manufacturing processes as calculated in Equation I-10.98.96c3XI - ElectronicsManufacturingEmissions of each heat transfer fluid emitted as calculated in Equation I-16 98.96c4XI - ElectronicsManufacturingThe method of emissions calculation used in §98.9398.96dXI - ElectronicsManufacturingAnnual production in terms of substrate surface area. 98.96eXI - ElectronicsManufacturingFilm or substrate that was etched/cleaned and the feature type that was etched. 98.96f2CI - ElectronicsManufacturingCertification that the recipes included in a set ofsimilar recipes are similar. 98.96f3XI - ElectronicsManufacturingCertification that the measurements for all reported recipe-specific utilization and byproduct formation rates and/or facility-specific N2O utilization factors were madeusing the International SEMATECH #06124825A–ENG (incorporated by reference,see §98.7), or the International SEMATECH #01104197A–XFR (incorporated byreference, see §98.7) if measurements were made prior to January 1, 2007.98.96f4XI - ElectronicsManufacturingWhen you use factors for fluorinated GHG process utilization and by-productformation rates other than the defaults provided inTables I-3, I-4, I-5, I-6, and I-7and/or N2O utilization factors other than the defaults provided in Table I-8, sourceof the recipe-specific utilization.98.96f5XI - ElectronicsManufacturingWhen you use factors for fluorinated GHG process utilization and by-productformation rates other than the defaults provided inTables I-3, I-4, I-5, I-6, and I-7and/or N2O utilization factors other than the defaults provided in Table I-8, sourceof the by-product formation rates.98.96f5XI - ElectronicsManufacturingWhen you use factors for fluorinated GHG process utilization and by-productformation rates other than the defaults provided inTables I-3, I-4, I-5, I-6, and I-7and/or N2O utilization factors other than the defaults provided in Table I-8, sourceof the facility-specific-N2O utilization factors.98.96f5XI - ElectronicsManufacturingWhen you use factors for fluorinated GHG process utilization and by-productformation rates other than the defaults provided inTables I-3, I-4, I-5, I-6, and I-7and/or N2O utilization factors other than the defaults provided in Table I-8,certification that the conditions under which the measurements were made forfacility-specific N2O utilization factors are representative of your facility’s N2Oemitting production processes.98.96f6XI - ElectronicsManufacturingFor all F-GHG or N2O used at your facility for which you have not calculatedemissions using Equations I-6 through I-10: Reportthe Chemical name of the GHGused.98.96gXI - ElectronicsManufacturingFor all F-GHG or N2O used at your facility for which you have not calculatedemissions using Equations I-6 through I-10: Reportthe annual consumption of thegas.98.96gXI - ElectronicsManufacturingFor all F-GHG or N2O used at your facility for which you have not calculatedemissions using Equations I-6 through I-10: Reporta brief description of GHG use98.96gCI - ElectronicsManufacturingIdentification of the quantifiable metric used in your facility-specific engineeringmodel to apportion gas consumption.98.96miXI - ElectronicsManufacturingStart and end dates selected under §98.94(c)(2)(i).98.96miiXI - ElectronicsManufacturingCertification that the gases you selected under §98.94(c)(2)(ii) correspond to thelargest quantities consumed on a mass basis, at your facility in the reporting yearfor the plasma etching process type.98.96miiiXI - ElectronicsManufacturingCertification that the gases you selected under §98.94(c)(2)(ii) correspond to thelargest quantities consumed on a mass basis, at your facility in the reporting yearfor the chamber cleaning process type.98.96miiiXI - ElectronicsManufacturingThe result of the calculation comparing the actualand modeled gas consumptionunder §98.94(c)(2)(iii).98.96mivXI - ElectronicsManufacturingInventory of all abatement systems through which fluorinated GHGs or N2O flow atyour facility.98.96pCI - ElectronicsManufacturingDescription of all abatement systems through whichfluorinated GHGs or N2O flowat your facility.98.96pXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsI - ElectronicsManufacturingNumber of abatement devices of each manufacturer. 98.96pCI - ElectronicsManufacturingModel number of abatement device98.96pXI - ElectronicsManufacturingDestruction or removal efficiencies, if any, claimed by manufacturers of abatementdevices through which fluorinated GHGs or N2O flowat your facility.98.96pXI - ElectronicsManufacturingDestruction and removal efficiency measurement records for abatement systemthrough which fluorinated GHGs or N2O flow at yourfacility over its in-use life.98.96pXI - ElectronicsManufacturingDescription of the tools associated with each abatement systems. 98.96pCI - ElectronicsManufacturingCertification that the abatement system is installed, maintained, and operatedaccording to manufacturer specifications.98.96q1XI - ElectronicsManufacturingModel numbers of the tools associated with each abatement systems. 98.96pCI - ElectronicsManufacturingThe tool recipe(s), process sub-type, or type associated with each abatementsystem.98.96pCI - ElectronicsManufacturingCertification that the abatement systems for whichcontrolled emissions are beingreported are specifically designed for fluorinatedGHG and N2O abatement.98.96q4XI - ElectronicsManufacturingA description of the abatement system class for which you are reporting controlledemissions.98.96q5iXI - ElectronicsManufacturingThe fluorinated GHG and N2O in the effluent streamto the abatement system inthe class for which you are reporting controlled emissions.98.96q5iXI - ElectronicsManufacturingThe manufacturer of the abatement system in the class for which you are reportingcontrolled emissions.98.96q5iXI - ElectronicsManufacturingThe model number of the abatement system in the class for which you are reportingcontrolled emissions.98.96q5iXI - ElectronicsManufacturingThe total number of abatement systems in that abatement system class for thereporting year.98.96q5iiCI - ElectronicsManufacturingThe total number of abatement systems for which destruction or removal efficiencywas measured in that abatement system class for thereporting year.98.96q5iiiCI - ElectronicsManufacturingA description of the calculation used to determinethe class average. 98.96q5ivXI - ElectronicsManufacturingA description of method of randomly selecting classmembers for testing. 98.96q5vXI - ElectronicsManufacturingWhere missing data procedures were used to estimateinputs into the heat transferfluid mass balance equation under §98.95(b), the number of times missing dataprocedures were followed in the reporting year.98.96sXI - ElectronicsManufacturingWhere missing data procedures were used to estimateinputs into the heat transferfluid mass balance equation under §98.95(b), the method used to estimate themissing data.98.96sXI - ElectronicsManufacturingA brief description of each “best available monitoring method” used. 98.96tXI - ElectronicsManufacturingParameter measured or estimated using the “best available monitoring method” 98.96tXI - ElectronicsManufacturingTime period during which the “best available monitoring method” was used. 98.96tXL - Fluorinated GasProductionthe identity of the fluorinated GHG, including itschemical formula and, if available,CAS number98.123c1viA1XKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsL - Fluorinated GasProductionThe data and analysis that supports your estimate of the GWP of the fluorinatedGHG98.123c1viA3XL - Fluorinated GasProductionThe engineering calculations or assessments and underlying data that demonstratethat the process vent is calculated to emit less than 10,000 metric tons CO2e of thisand other fluorinated GHGs only when the proposed provisional GWPs, not thedefault GWP of 2,000, are used for fluorinated GHGswhose GWPs are not listedin Table A-1 to subpart A of this part.98.123c1viA4XL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: provide a list of specific itemsof monitoring equipment andmeasurement services for which the request is beingmade.98.124o2iiA XL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: provide the locations (e.g., process and vents) where each pieceof monitoring equipment will be installed and whereeach measurement service willbe provided.98.124o2iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: identify the specific rule requirements for which the monitoringequipment or measurement service is needed.98.124o2iiBXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: describe the reasons why the needed equipment could not beobtained, installed, or operated or why the neededmeasurement service could notbe provided before July 1, 201198.124o2iiCCL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: if the reason for the extensionis that the equipment cannot bepurchased, delivered, or installed before July 1, 2011, include supportingdocumentation (e.g., date the monitoring equipmentwas ordered, investigation ofalternative suppliers, or the dates by which alternative vendors promised delivery orinstallation).98.124o2iiDXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: if the reason for the extensionis that the equipment cannot bepurchased, delivered, or installed before July 1, 2011, include supportingdocumentation (e.g., backorder notices or unexpected delays or descriptions ofactions taken to expedite delivery or installation).98.124o2iiDXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: if the reason for the extensionis that the equipment cannot bepurchased, delivered, or installed before July 1, 2011, provide the current expecteddate of delivery or installation.98.124o2iiDCL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: if the reason for the extensionis that the service providers wereunable to provide the necessary measurement services, include supportingdocumentation demonstrating that these services could not be acquired before July1, 2011. This must include written correspondence to and from at least two serviceproviders stating they will not be able to providethe necessary services before July1, 2011.98.124o2iiEXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: the reason for the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before July 1, 2011 to install the device.Include the date of the three most recent shutdownsfor each relevant processequipment or unit.98.124o2iiFXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: the reason for the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before July 1, 2011 to install the device.Include the frequency of shutdowns for each relevant process equipment or unit.98.124o2iiFXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: the reason for the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before July 1, 2011 to install the device.Include the date of the date of the next planned process equipment or unitshutdown.98.124o2iiFXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: if the reason for the extensionis that access to process streams,emissions streams, or destroyed streams, as applicable, could not be gained beforeJuly 1, 2011 for reasons otherthan the continuous operation of the process without shutdown, includeillustrative documentation such as photographs andengineering diagramsdemonstrating that access could not be gained.98.124o2iiGXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: describe the best available monitoring methods that will be usedand how their results will be applied (i.e., whichcalculation method will be used) todevelop the emission estimate.98.124o2iiHXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: where the proposed best available monitoring method is the useof current monitoring data in the mass-balance approach, include the estimatedrelative and absolute errors of the mass-balance approach using the currentmonitoring data.98.124o2iiHXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions forparameters other than scoping speciations, emissionfactors, and emissioncharacterizations: describe the specific actions the owner or operator will take tocomply with monitoring requirements by January 1, 2012.98.124o2iiIXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: provide a listof specific items of monitoring equipment and measurement services for which therequest is being made.98.124o3ii XL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: provide thelocations (e.g., process and vents) where each piece of monitoring equipment willbe installed and where each measurement service will be provided.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: identify thespecific rule requirements for which the monitoringequipment or measurementservice is needed.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: describe thereasons why the needed equipment could not be obtained, installed, or operated orwhy the needed measurement service could not be provided before March 1, 201298.124o3iiCL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: if the reasonfor the extension is that the equipment cannot be purchased, delivered, or installedbefore March 1, 2012, include supporting documentation (e.g., date the monitoringequipment was ordered, investigation of alternativesuppliers, or the dates by whichalternative vendors promised delivery or installation).98.124o3iiXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: if the reasonfor the extension is that the equipment cannot be purchased, delivered, or installedbefore March 1, 2012, include supporting documentation (e.g., backorder notices orunexpected delays or descriptions of actions takento expedite delivery orinstallation).98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: if thereason for the extension is that the equipment cannot be purchased, delivered, orinstalled before March 1, 2012, provide the currentexpected date of delivery orinstallation.98.124o3iiCL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: if the reasonfor the extension is that the service providers were unable to provide the necessarymeasurement services, include supporting documentation demonstrating that theseservices could not be acquired before March 1, 2012. This must include writtencorrespondence to and from at least two service providers stating they will not beable to provide the necessary services before March1, 2012.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: the reasonfor the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before March 1, 2012 to install the device.Include the date of the three most recent shutdownsfor each relevant processequipment or unit.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: the reasonfor the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before March 1, 2012 to install the device.Include the frequency of shutdowns for each relevant process equipment or unit.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: the reasonfor the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before March 1, 2012 to install the device.Include the date of the date of the next planned process equipment or unitshutdown.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: if the reasonfor the extension is that access to process streams, emissions streams, ordestroyed streams, as applicable, could not be gained before March 1, 2012 forreasons otherthan the continuous operation of the process without shutdown, includeillustrative documentation such as photographs andengineering diagramsdemonstrating that access could not be gained.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: describe thebest available monitoring methods that will be usedand how their results will beapplied (i.e., which calculation method will be used) to develop the emissionestimate.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: where theproposed best available monitoring method is the use of current monitoring data inthe mass-balance approach, include the estimated relative and absolute errors ofthe mass-balance approach using the current monitoring data.98.124o3iiXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate 2011 emissions usingscoping speciations, emission factors, and emissioncharacterizations: describe thespecific actions the owner or operator will take tocomply with monitoringrequirements by March 1, 2013.98.124o3iiXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: provide a list of specific items of monitoring equipment and measurementservices for which the request is being made.98.124o4iiA XL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: provide the locations (e.g., process and vents) where each piece ofmonitoring equipment will be installed and where each measurement service will beprovided.98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: identify the specific rule requirements for which the monitoring equipment ormeasurement service is needed.98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: describe the reasons why the needed equipmentcould not be obtained,installed, or operated or why the needed measurement service could not beprovided before March 1, 2013 (for scoping speciations, emission factors, andemission characterizations) or January 1, 2012 (forother parameters).98.124o4iiACL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: if the reason for the extension is that the equipment cannot be purchased,delivered, or installed before March 1, 2013 (for scoping speciations, emissionfactors, and emission characterizations) or January1, 2012 (for other parameters),include supporting documentation (e.g., date the monitoring equipment wasordered, investigation of alternative suppliers, orthe dates by which alternativevendors promised delivery or installation).98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: if the reason for the extension is that the equipment cannot be purchased,delivered, or installed before March 1, 2013 (for scoping speciations, emissionfactors, and emission characterizations) or January1, 2012 (for other parameters),include supporting documentation (e.g., backorder notices or unexpected delays ordescriptions of actions taken to expedite deliveryor installation).98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: if the reason for the extension is that theequipment cannot be purchased,delivered, or installed before March 1, 2013 (for scoping speciations, emissionfactors, and emission characterizations) or January1, 2012 (for other parameters),provide the current expected date of delivery or installation.98.124o4iiACL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: if the reason for the extension is that the service providers were unable toprovide the necessary measurement services, includesupporting documentationdemonstrating that these services could not be acquired before March 1, 2013 (forscoping speciations, emission factors, and emissioncharacterizations) or January1, 2012 (for other parameters). This must include written correspondence to andfrom at least two service providers stating they will not be able to provide thenecessary services before March 1, 2013.98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: the reason for the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before March 1, 2013 (for scopingspeciations, emission factors, and emission characterizations) or January 1, 2012(for other parameters) to install the device. Include the date of the three most recentshutdowns for each relevant process equipment or unit.98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: the reason for the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before March 1, 2013 (for scopingspeciations, emission factors, and emission characterizations) or January 1, 2012(for other parameters) to install the device. Include the frequency of shutdowns foreach relevant process equipment or unit.98.124o4iiAXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: the reason for the extension isthat the process is operating continuously withoutprocess shutdown, includesupporting documentation showing that it is not practicable to isolate the processequipment or unit and install the measurement device without a full shutdown or ahot tap, and that there is no opportunity before March 1, 2013 (for scopingspeciations, emission factors, and emission characterizations) or January 1, 2012(for other parameters) to install the device. Include the date of the date of the nextplanned process equipment or unit shutdown.98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: if the reason for the extension is that access to process streams, emissionsstreams, or destroyed streams, as applicable, couldnot be gained before March 1,2013 (for scoping speciations, emission factors, and emission characterizations) orJanuary 1, 2012 (for other parameters) for reasonsother than the continuousoperation of the process without shutdown, includeillustrative documentation suchas photographs and engineering diagrams demonstrating that access could not begained.98.124o4iiAX?L - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: describe the best available monitoring methods that will be used and howtheir results will be applied (i.e., which calculation method will be used) to developthe emission estimate.98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: where the proposed best available monitoringmethod is the use of currentmonitoring data in the mass-balance approach, include the estimated relative andabsolute errors of the mass-balance approach usingthe current monitoring data.98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: describe the specific actions the owner or operator will take to comply withmonitoring requirements by March 1, 2014 (for scoping speciations, emissionfactors, and emission characterizations) or January1, 2013 (for other parameters).98.124o4iiAXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: provide a detailed outline of the unique circumstances necessitating anextension, including specific technical infeasibilities that conflict with data collection.The owner or operator must consider all the data collection and emission calculationoptions outlined in the rule for a specific emissions source before claiming that aspecific technical barrier exists.98.124o4iiBXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: provide a detailed outline of the unique circumstances necessitating anextension, including specific data collection issues that do not meet safetyregulations or specific laws or regulations that conflict with data collection. Theowner or operator must consider all the data collection and emission calculationoptions outlined in the rule for a specific emissions source before claiming that aspecific safety or legal barrier exists.98.124o4iiBXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: provide a detailed explanation and supportingdocumentation of how theowner or operator will receive the required data and/or services to comply with thereporting requirements of this subpart in the future.98.124o4iiCXL - Fluorinated GasProductionFor extension requests for the use of BAMM to estimate emissions that occur after2011: provide a detailed explanation and supportingdocumentation of when theowner or operator will receive the required data and/or services to comply with thereporting requirements of this subpart in the future.98.124o4iiCCL - Fluorinated GasProductionTotal mass of each F-GHG emitted from each fluorinated gas production process. 98.126a2iXL - Fluorinated GasProductionTotal mass of each F-GHG emitted from all fluorinated gas production processescombined.98.126a2iXL - Fluorinated GasProductionTotal mass of each F-GHG emitted from each fluorinated gas transformationprocess that is not part of a fluorinated gas production process and whosefluorinated GHG reactants are produced on site.98.126a2iiXL - Fluorinated GasProductionTotal mass of each F-GHG emitted from all fluorinated gas transformationprocesses that are not part of a fluorinated gas production process and whosefluorinated GHG reactants are produced on site.98.126a2iiXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsL - Fluorinated GasProductionTotal mass of each F-GHG emitted from each fluorinated gas transformationprocess that is not part of a fluorinated gas production process and where afluorinated GHG reactant is produced at another facility.98.126a2iiXL - Fluorinated GasProductionTotal mass of each F-GHG emitted from all fluorinated gas transformationprocesses that are not part of a fluorinated gas production process and where afluorinated GHG reactant is produced at another facility.98.126a2iiXL - Fluorinated GasProductionTotal mass of each F-GHG emitted from each fluorinated gas destruction processthat is not part of a fluorinated gas production process or a fluorinated gastransformation process.98.126a2iiiXL - Fluorinated GasProductionTotal mass of each F-GHG emitted from all fluorinated gas destruction processesthat are not part of a fluorinated gas production process or a fluorinated gastransformation process combined.98.126a2iiiXL - Fluorinated GasProductionTotal mass of each F-GHG emitted from venting of residual fluorinated GHGs fromcontainers returned from the field.98.126a2ivXL - Fluorinated GasProductionChemical identities of the contents of the stream(s) (including process, anddestroyed streams) analyzed under the initial scoping speciation of fluorinated GHGat §98.124(a), by process.98.126a3XL - Fluorinated GasProductionChemical identities of the contents of the stream(s) (including emissions) analyzedunder the initial scoping speciation of fluorinatedGHG at §98.124(a), by process.98.126a3XL - Fluorinated GasProductionLocation and function of the stream(s) (including process streams, emissionsstreams, and destroyed streams) that were analyzedunder the initial scopingspeciation of fluorinated GHG at §98.124(a), by process.98.126a4CL - Fluorinated GasProductionMethod used to determine the emissions of each F-GHG (i.e., mass balance,process-vent specific emission factor, or process vent-specific emission factor) foreach process and process vent at the facility.98.126a5XL - Fluorinated GasProductionFor processes for which the process-vent specific emission factor or process-ventspecific emission calculation factor are used, report the method used to estimateemissions from equipment leaks.98.126a5XL - Fluorinated GasProductionTotal production mass of each fluorinated gas product, by chemical and process. 98.126a6XL - Fluorinated GasProductionChemical formula of each fluorinated gas product, by chemical and process. 98.126a6XL - Fluorinated GasProductionAbsolute errors calculated under paragraphs §98.123(b)(1). 98.126b1XL - Fluorinated GasProductionRelative errors calculated under paragraphs §98.123(b)(1). 98.126b1XL - Fluorinated GasProductionMass of each F-GHG reactant emitted from the process in metric tons. 98.126b3XL - Fluorinated GasProductionChemical formula of each F-GHG reactant emitted from the process in metric tons. 98.126b3XL - Fluorinated GasProductionMass of the F-GHG product emitted from the processin metric tons. 98.126b4XL - Fluorinated GasProductionChemical formula of the F-GHG product emitted fromthe process in metric tons. 98.126b4XL - Fluorinated GasProductionMass of the F-GHG by-product emitted from the process in metric tons. 98.126b5XL - Fluorinated GasProductionChemical formula of the F-GHG by-product emitted from the process in metric tons. 98.126b5XL - Fluorinated GasProductionThe chemical formula of each fluorine-containing reactant that is fed into theprocess.98.126b6XL - Fluorinated GasProductionChemical formula of each fluorine-containing product produced by the process. 98.126b7XKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsL - Fluorinated GasProductionChemical formula of each fluorine-containing product that is removed from theprocess and fed into the destruction device.98.126b8iXL - Fluorinated GasProductionChemical formula of each fluorine-containing by-product that is removed from theprocess and fed into the destruction device.98.126b8iiXL - Fluorinated GasProductionChemical formula of each fluorine-containing reactant that is removed from theprocess and fed into the destruction device.98.126b8iiiXL - Fluorinated GasProductionChemical formula of each fluorine-containing by-product that is removed from theprocess and recaptured.98.126b8ivXL - Fluorinated GasProductionThe method used to estimate the total mass of fluorine in destroyed or recapturedstreams.98.126b13XL - Fluorinated GasProductionThe identity of the process activity used to estimate emissions (e.g., tons of productor tons of reactant consumed).98.126c1XL - Fluorinated GasProductionMass of each F-GHG emitted for each process vent. 98.126c3XL - Fluorinated GasProductionThe mass of each fluorinated GHG emitted from equipment leaks. 98.126c4XL - Fluorinated GasProductionWhere missing data have been estimated pursuant to§98.125 report, reason thedata were missing98.126dXL - Fluorinated GasProductionWhere missing data have been estimated pursuant to§98.125 report, length of timethe data were missing98.126dXL - Fluorinated GasProductionWhere missing data have been estimated pursuant to§98.125 report, method usedto estimate the missing data98.126dXL - Fluorinated GasProductionEach fluorinated gas production facility that destroys fluorinated GHGs must reportthe excess emissions that result from malfunctionsof the destruction device, andthese excess emissions would be reflected in the fluorinated GHG estimates in§98.123(b) and (c).98.126eXL - Fluorinated GasProductionChemical identity of the fluorinated GHG(s) used inthe performance test conductedto determine destruction efficiency, including surrogates98.126f2XL - Fluorinated GasProductionInformation on why the surrogate is sufficient to demonstrate DE for eachfluorinated GHG, consistent with requirements in §98.124(g)(1), vented to thedestruction device. (For information on emission stream content)98.126f2XL - Fluorinated GasProductionInformation on why the surrogate is sufficient to demonstrate DE for eachfluorinated GHG, consistent with requirements in §98.124(g)(1), vented to thedestruction device. (All other information not related to stream content)98.126f2XL - Fluorinated GasProductionDate of the most recent destruction device test.98.126f3XL - Fluorinated GasProductionName of all applicable Federal or State regulationsthat may apply to the destructionprocess.98.126f4XL - Fluorinated GasProductionIf you make a change to the destruction device thatwould be expected to affect itsdestruction efficiencies, submit a revised report that reflects the changes, includingthe revised destruction efficiencies measured for the device under §98.124(g)(2)(ii),by March 31 of the year that immediately follows the change.398.126f5L - Fluorinated GasProductionMass of F-GHG emitted from the destruction device 98.126g2XL - Fluorinated GasProductionEach fluorinated gas production facility that ventsresidual fluorinated GHGs fromcontainers, the mass of the residual fluorinated GHG vented from each containersize and type.98.126h1XL - Fluorinated GasProductionEach fluorinated gas production facility that destroys fluorinated gases must submita one-time report by June 30, 2011, that describesany measurements, research, oranalysis that it has performed or obtained that relate to the formation of products ofincomplete combustion that are fluorinated GHGs during the destruction offluorinated gases.98.126iXL - Fluorinated GasProductionThe report must include the methods and results ofany measurement or modelingstudies, including the products of incomplete combustion for which the exhauststream was analyzed, as well as copies of relevantscientific papers, if available, orcitations of the papers, if they are not.98.126iXW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources listedin paragraph (f)(4) of §98.234:provide a list of specific source types for which the request is being made.98.234f5iiiB1 XKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources listedin paragraph (f)(4) of §98.234:provide a list of specific equipment, monitoring instrumentation, and/or services forwhich the request is being made.98.234f5iiiB1 XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources listedin paragraph (f)(4) of §98.234:provide the locations where each piece of monitoring instrumentation will beinstalled or monitoring service will be supplied.98.234f5iiiB1XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources listedin paragraph (f)(4) of §98.234:provide identification of the specific rule requirements (by subpart, section, andparagraph number) for which the instrumentation ormonitoring service is needed.98.234f5iiiB2XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources listedin paragraph (f)(4) of §98.234:include supporting documentation demonstrating allreasonable efforts were madeto obtain the information, services, or equipment necessary to comply with subpartW reporting requirements (e.g., evidence of specific service or equipment providerscontacted and why services or information could notbe obtained during 2011).98.234f5iiiB3XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources listedin paragraph (f)(4) of §98.234:provide a description of the specific actions the facility will take to obtain and/orinstall the equipment or obtain the monitoring service as soon as reasonablyfeasible.98.234f5iiiB4XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources listedin paragraph (f)(4) of §98.234:provide the expected date by which the equipment will be obtained and operating orservice will be provided.98.234f5iiiB4XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources not listed in paragraph (f)(2), (f)(3),or (f)(4) of §98.234: provide a list of specific source categories for which the owneror operator is seeking use of best available monitoring methods.98.234f5ivB1 XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources not listed in paragraph (f)(2), (f)(3),or (f)(4) of §98.234: provide a list of parametersfor which the owner or operator isseeking use of best available monitoring methods.98.234f5ivB1XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources not listed in paragraph (f)(2), (f)(3),or (f)(4) of §98.234: provide a description of thedata collection methodologies thatare technically infeasible for which an owner or operator is requesting use ofBAMM.98.234f5ivB2XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources not listed in paragraph (f)(2), (f)(3),or (f)(4) of §98.234: provide a description of thedata collection methodologies thatdo not meet safety regulations or specific laws orregulations that conflict for eachsource for which an owner or operator is requestinguse of BAMM.98.234f5ivB2XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources not listed in paragraph (f)(2), (f)(3),or (f)(4) of §98.234: provide a detailed explanation and supporting documentation ofhow the owner or operator will receive the servicesor equipment to comply with allthe subpart W reporting requirements.98.234f5ivB3XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources not listed in paragraph (f)(2), (f)(3),or (f)(4) of §98.234: provide a detailed explanation and supporting documentation ofwhen the owner or operator will receive the services or equipment to comply with allthe subpart W reporting requirements.98.234f5ivB3XW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(2) of §98.234: provide a list of thespecific source types for which therequest is being made.98.234f6iiA XW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(2) of §98.234: provide a list of thespecific equipment, monitoringinstrumentation, contract modifications, and/or services for which the request isbeing made.98.234f6iiA XW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(2) of §98.234: describe the locationswhere each piece of monitoringinstrumentation will be installed, monitoring service will be supplied, or contracts willbe modified.98.234f6iiAXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(2) of §98.234: identify the specificrule requirements (by subpart,section, and paragraph number) for which the instrumentation, contractmodification, or monitoring service is needed.98.234f6iiBXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(2) of §98.234: provide a descriptionand applicable correspondenceoutlining a diligent effort to obtain the needed equipment or services and why theycould not be obtained and installed in a period oftime enabling completion ofapplicable requirements of this subpart within the2011 calendar year.98.234f6iiCXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(2) of §98.234: if the reason for theextension is that the owner oroperator cannot collect data from a service provider or relevant organization, includedocumentation (e.g., correspondence from the service provider) that the reason foran extension is that the service provider or relevant organization cannot provide datanecessary to meet requirements for the 2011 calendar year.98.234f6iiDXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(2) of §98.234: a description of the specific actions that will be taken tocomply with requirements in 2012 and beyond.98.234f6iiEXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(3) of §98.234: provide a list of thespecific source types for which therequest is being made.98.234f7iiA XW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(3) of §98.234: identify the specificrule requirements (by subpart,section, and paragraph number) for which the instrumentation, contractmodification, or monitoring service is needed.98.234f7iiBXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(3) of §98.234: provide a descriptionof the data collectionmethodologies that are technically infeasible for which an owner or operator isrequesting use of BAMM.98.234f7iiCXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM through2011 for sources listed inparagraph (f)(3) of §98.234: provide a descriptionof the data collectionmethodologies that do not meet safety regulations or specific laws or regulationsthat conflict for each source for which an owner oroperator is requesting use ofBAMM.98.234f7iiCXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM beyond 2011 for sources listed inparagraphs (f)(2), (f)(3), (f)(4), and (f)(5)(iv) of §98.234: provide a list of the specificsource types for which the request is being made.98.234f8iii XW - Petroleum andNatural Gas SystemsFor requests for the use of BAMM for sources not listed in paragraph (f)(2), (f)(3),or (f)(4) of §98.234: provide a list of parametersfor which the owner or operator isseeking use of best available monitoring methods.98.234f8iiiXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM beyond 2011 for sources listed inparagraphs (f)(2), (f)(3), (f)(4), and (f)(5)(iv) of §98.234: provide a description of thedata collection methodologies that do not meet safety regulations or specific laws orregulations that conflict for each source for whichan owner or operator isrequesting use of BAMM.98.234f8ivXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM beyond 2011 for sources listed inparagraphs (f)(2), (f)(3), (f)(4), and (f)(5)(iv) of §98.234: provide a description of thedata collection methodologies that are technicallyinfeasible for which an owner oroperator is requesting use of BAMM.98.234f8ivXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM beyond 2011 for sources listed inparagraphs (f)(2), (f)(3), (f)(4), and (f)(5)(iv) of §98.234: provide a detailedexplanation and supporting documentation of how theowner or operator will receivethe services or equipment to comply with all of these subpart W reportingrequirements.98.234f8vXW - Petroleum andNatural Gas SystemsFor extension requests for the use of BAMM beyond 2011 for sources listed inparagraphs (f)(2), (f)(3), (f)(4), and (f)(5)(iv) of §98.234: provide a detailedexplanation and supporting documentation of when the owner or operator willreceive the services or equipment to comply with all of these subpart W reportingrequirements.98.234f8vXW - Petroleum andNatural Gas SystemsAnnual emissions from onshore petroleum and naturalgas production 98.236a1XW - Petroleum andNatural Gas SystemsAnnual emissions from offshore petroleum and natural gas production 98.236a2XKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsW - Petroleum andNatural Gas SystemsAnnual emissions from onshore natural gas processing 98.236a3XW - Petroleum andNatural Gas SystemsAnnual emissions from onshore natural gas transmission compression 98.236a4XW - Petroleum andNatural Gas SystemsAnnual emissions from underground natural gas storage 98.236a5XW - Petroleum andNatural Gas SystemsAnnual emissions from LNG storage98.236a6XW - Petroleum andNatural Gas SystemsAnnual emissions from LNG import and export98.236a7XW - Petroleum andNatural Gas SystemsAnnual emissions from natural gas distribution98.236a8XW - Petroleum andNatural Gas SystemsCollective emission for natural gas pneumatic devices 98.236c1ivXW - Petroleum andNatural Gas SystemsCollective emission for natural gas pneumatic pumps98.236c2iiXW - Petroleum andNatural Gas SystemsEmissions from the AGR unit recovered and transferred outside the facility. 98.236c3ivXW - Petroleum andNatural Gas SystemsIndividual emissions from the acid gas removal unit98.236c3vXW - Petroleum andNatural Gas SystemsFor each glycol dehydrator with throughput grater than or equal to 0.4 mmscfd: whatvent gas controls are used98.236c4iIXW - Petroleum andNatural Gas SystemsFor each glycol dehydrator with throughput grater than or equal to 0.4 mmscfd: ventemissions reported individually.98.236c4iJXW - Petroleum andNatural Gas SystemsFor each glycol dehydrator with throughput grater than or equal to 0.4 mmscfd:flared emissions reported individually.98.236c4iJXW - Petroleum andNatural Gas SystemsFor each glycol dehydrator with throughput less than or equal to 0.4 mmscfd: reportwhether any vent gas controls are used98.236c4iiBXW - Petroleum andNatural Gas SystemsFor each glycol dehydrator with throughput less than or equal to 0.4 mmscfd: reportvent emissions collectively98.236c4iiCXW - Petroleum andNatural Gas SystemsCount of desiccant dehydrators.98.236c4iiiAXW - Petroleum andNatural Gas SystemsDesiccant dehydrators emission reported collectively. 98.236c4iiiBXW - Petroleum andNatural Gas SystemsCount of wells vented to the atmosphere for liquidsunloading. 98.236c5iXW - Petroleum andNatural Gas SystemsCount of plunger lifts.98.236c5iiXW - Petroleum andNatural Gas SystemsWell venting for liquids unloading emissions reported collectively. 98.236c5viXW - Petroleum andNatural Gas SystemsTotal count of completions in calendar year.98.236c6iAXW - Petroleum andNatural Gas SystemsTotal count of workovers in calendar year.98.236c6iCXW - Petroleum andNatural Gas SystemsReport number of completions and workovers employing reduced emissionscompletions and engineering estimate based on bestavailable data of the amount ofgas recovered to sales.98.236c6iGXW - Petroleum andNatural Gas SystemsReport vent emissions collectively.98.236c6iHXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsW - Petroleum andNatural Gas SystemsReport flared emissions collectively.98.236c6iHXW - Petroleum andNatural Gas SystemsFor gas well completions and workovers without hydraulic fracturing: total numberof days of gas venting to the atmosphere during backflow for completion.98.236c6iiCXW - Petroleum andNatural Gas SystemsFor gas well completions and workovers without hydraulic fracturing, report ventemissions reported collectively.98.236c6iiDXW - Petroleum andNatural Gas SystemsFor gas well completions and workovers without hydraulic fracturing, report flaredemissions reported collectively.98.236c6iiDXW - Petroleum andNatural Gas SystemsFor each blowdown vent stack, emissions collectively reported per equipment type. 98.236c7iiXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), report:number of wellhead separators sending oil to atmospheric tanks.98.236c8iAXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), report: countof hydrocarbon tanks at well pads.98.236c8iDXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), report: bestestimate of count of stock tanks not at well pads receiving your oil.98.236c8iEXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), report: countof tanks with emissions control measures, either vapor recovery system or flaring,for tanks at well pads.98.236c8iGXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), report: bestestimate of count of stock tanks assumed to have emissions control measures notat well pads, receiving your oil.98.236c8iHXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), range ofconcentrations of flash gas.98.236c8iIXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), range ofconcentrations of CH4.98.236c8iIXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), range ofconcentrations of flash gas CO2.98.236c8iIXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separator with oil throughput greater than or equal to 10barrels per day, using Calculation Methodology 1 and 2 of §98.233(j), report:emissions separately for calculation methodology 1and 2 of 98.233(j).98.236c8iJXW - Petroleum andNatural Gas SystemsFor wells with oil production greater than or equalto 10 barrels per day, usingCalculation Methodology 3 and 4 of §98.233(j), total number of wells sending oildirectly to tanks.98.236c8iiBXW - Petroleum andNatural Gas SystemsFor wells with oil production greater than or equalto 10 barrels per day, usingCalculation Methodology 3 and 4 of §98.233(j), total number of wells sending oil toseparators off the well pads.98.236c8iiCXW - Petroleum andNatural Gas SystemsFor wells with oil production greater than or equalto 10 barrels per day, usingCalculation Methodology 3 and 4 of §98.233(j), count of hydrocarbon tanks onwellpads.98.236c8iiEXW - Petroleum andNatural Gas SystemsFor wells with oil production greater than or equalto 10 barrels per day, usingCalculation Methodology 3 and 4 of §98.233(j), count of hydrocarbon tanks, both onand off well pads assumed to have emissions controlmeasures: either vaporrecovery system or flaring of tank vapors.98.236c8iiFXW - Petroleum andNatural Gas SystemsFor wells with oil production greater than or equalto 10 barrels per day, usingCalculation Methodology 3 and 4 of §98.233(j), report: emissions collectively forCalculation Methodology 3 and 4 of §98.233(j).98.236c8iiGXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separators and wells with throughput less than 10 barrelsper day, using Calculation Methodology 5 of §98.233(j) Equation W–15 of §98.233),number of wells without wellhead separators.98.236c8iiiBXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separators and wells with throughput less than 10 barrelsper day, using Calculation Methodology 5 of §98.233(j) Equation W–15 of §98.233),total volume of oil production in barrels per year.98.236c8iiiCXW - Petroleum andNatural Gas SystemsFor wellhead gas-liquid separators and wells with throughput less than 10 barrelsper day, using Calculation Methodology 5 of §98.233(j) Equation W-15 of §98.233),report: CO2 and CH4 emissions collectively.98.236c8iiiFXW - Petroleum andNatural Gas SystemsIf wellhead separator dump valve is functioning improperly during the calendar year,count of wellhead separators that dump valve factoris applied.98.236c8ivAXW - Petroleum andNatural Gas SystemsFor transmission tank emissions identified using optical gas imaging instrument,emissions individually reported.98.236c9iXW - Petroleum andNatural Gas SystemsFor acoustic leak detection of scrubber dump valves, report emissions individually. 98.236c9iXW - Petroleum andNatural Gas SystemsNumber of wells tested per basin in calendar year. 98.236c10iXW - Petroleum andNatural Gas SystemsReport emissions of the venting gas collectively.98.236c10ivXW - Petroleum andNatural Gas SystemsNumber of wells venting or flaring associated natural gas in a calendar year. 98.236c11iXW - Petroleum andNatural Gas SystemsFor associated natural gas venting, report emissions of the flaring gas collectively. 98.236c11iiiXW - Petroleum andNatural Gas SystemsWhether flare has a continuous flow monitor98.236c12iXW - Petroleum andNatural Gas SystemsWhether flare has a continuous gas analyzer.98.236c12ivXW - Petroleum andNatural Gas SystemsUncombusted CO2 emissions reported separately. 98.236c12viXW - Petroleum andNatural Gas SystemsCombusted CO2 emissions reported separately.98.236c12viXW - Petroleum andNatural Gas SystemsUncombusted CH4 emissions reported separately. 98.236c12viXW - Petroleum andNatural Gas SystemsCombusted CH4 emissions reported separately.98.236c12viXW - Petroleum andNatural Gas SystemsNumber of wet seals connected to the degassing vent98.236c13iAXW - Petroleum andNatural Gas SystemsAnnual throughput in million scf, using an engineering calculation based on bestavailable data.98.236c13iCXW - Petroleum andNatural Gas SystemsType of meters used for making measurements.98.236c13iDXW - Petroleum andNatural Gas SystemsSeal oil degassing vent emissions for compressors measured. 98.236c13iGXW - Petroleum andNatural Gas SystemsSeal oil degassing vent emissions for compressors not measured. 98.236c13iGXW - Petroleum andNatural Gas SystemsFor wet and dry seal centrifugal compressors in operating mode, blowdown ventemissions.98.236c13iiCXW - Petroleum andNatural Gas SystemsFor wet and dry seal centrifugal compressors, isolation valve leakage emissions innot operating, depressurized mode.98.236c13iiiCXW - Petroleum andNatural Gas SystemsTotal annual compressor emissions from all modes ofoperation 98.236c13ivXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsW - Petroleum andNatural Gas SystemsFor centrifugal compressors in onshore petroleum and natural gas production,emissions reported collectively.98.236c13vBXW - Petroleum andNatural Gas SystemsFor reciprocating compressors rod packing emissionswith or without a vent inoperating mode, annual throughput in million scf, use an engineering calculationbased on best available data.98.236c14iAXW - Petroleum andNatural Gas SystemsFor reciprocating compressors rod packing emissionswith or without a vent inoperating mode, rod packing emissions for compressors measured.98.236c14iCXW - Petroleum andNatural Gas SystemsFor reciprocating compressors rod packing emissionswith or without a vent inoperating mode, rod packing emissions for compressors not measured.98.236c14iCXW - Petroleum andNatural Gas SystemsFor reciprocating compressors blowdown vents not manifold to rod packing vents,in operating and standby pressurized mode, blowdownvent emissions when inoperating and standby pressurized modes98.236c14iiCXW - Petroleum andNatural Gas SystemsFor reciprocating compressors, isolation valve leakage emissions in not operating,depressurized mode.98.236c14iiiCXW - Petroleum andNatural Gas SystemsReport total annual compressor emissions from all modes of operation. 98.236c14ivXW - Petroleum andNatural Gas SystemsFor reciprocating compressors in onshore petroleumand natural gas production,report emissions collectively.98.236c14vBXW - Petroleum andNatural Gas SystemsFor equipment leaks found in each leak survey, CH4emissions (refer to EquationW30 of §98.233) collectively by equipment type.98.236c15iCXW - Petroleum andNatural Gas SystemsFor equipment leaks found in each leak survey, CO2emissions (refer to EquationW30 of §98.233) collectively by equipment type.98.236c15iCXW - Petroleum andNatural Gas SystemsFor equipment leaks calculated using population counts and factors, report CH4emissions collectively by equipment type.98.236c15iiCXW - Petroleum andNatural Gas SystemsFor equipment leaks calculated using population counts and factors, report CO2emissions collectively by equipment type.98.236c15iiCXW - Petroleum andNatural Gas SystemsFor local distribution companies, total emissions from each natural gas distributionfacility.98.236c16xvXW - Petroleum andNatural Gas SystemsFor each EOR injection pump blowdown, pump capacityin barrels per day. 98.236c17iXW - Petroleum andNatural Gas SystemsFor each EOR injection pump blowdown, report emissions collectively. 98.236c17vXW - Petroleum andNatural Gas SystemsFor EOR hydrocarbon liquids dissolved CO2 for eachfield, report emissionsindividually.98.236c18iiiXW - Petroleum andNatural Gas SystemsFor onshore petroleum and natural gas production and natural gas distributioncombustion emissions, cumulative number of externalfuel combustion units with arated heat capacity equal to or less than 5 mmBtu/hr, by type of unit.98.236c19iXW - Petroleum andNatural Gas SystemsFor onshore petroleum and natural gas production and natural gas distributioncombustion emissions, cumulative number of external fuel combustion units with arated heat capacity larger than 5 mmBtu/hr, by typeof unit.98.236c19iiXW - Petroleum andNatural Gas SystemsFor onshore petroleum and natural gas production and natural gas distributioncombustion emissions, cumulative emissions from external fuel combustion unitswith a rated heat capacity larger than 5 mmBtu/hr,by type of unit.98.236c19iiiXW - Petroleum andNatural Gas SystemsFor onshore petroleum and natural gas production and natural gas distributioncombustion emissions, cumulative number of all internal combustion units, by typeof unit.98.236c19vXW - Petroleum andNatural Gas SystemsFor onshore petroleum and natural gas production and natural gas distributioncombustion emissions, cumulative emissions from internal combustion units, bytype of unit.98.236c19viXKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsW - Petroleum andNatural Gas SystemsReport annual throughput as determined by engineering estimate based on bestavailable data for each industry segment listed inparagraphs (a)(1) through (a)(8) ofthis section (onshore petroleum and natural gas production, offshore petroleum andnatural gas production, onshore natural gas processing, onshore natural gastransmission compression, underground natural gas storage, LNG storage, LNGimport and export, and natural gas distribution).98.236dXDD - Use of ElectricTransmission andDistributionEquipmentNameplate capacity of equipment containing SF6 or PFC existing as of thebeginning of the year (excluding hermetically sealed-pressure switchgear).98.306a1XDD - Use of ElectricTransmission andDistributionEquipmentTransmission miles (length of lines carrying voltage at or above 34.5 kV) 98.306bXDD - Use of ElectricTransmission andDistributionEquipmentDistribution miles (length of lines carrying voltages at or below 35 kilovolt). 98.306cXRR - GeologicSequestration ofCarbon DioxideA request for discontinuation of reporting must contain either paragraph (b)(2)(i) or(b)(2)(ii) of this section: (i) For wells permittedas Class VI under the UndergroundInjection Control program, a copy of the applicableUnderground Injection Controlprogram Director’s authorization of site closure.98.441b2iXRR - GeologicSequestration ofCarbon DioxideA request for discontinuation of reporting must contain either paragraph (b)(2)(i) or(b)(2)(ii) of this section: (ii) For all other wells, and as an alternative for wellspermitted as Class VI under the Underground Injection Control program, ademonstration that current monitoring and model(s)show that the injected CO2stream is not expected to migrate in the future ina manner likely to result in surfaceleakage.98.441b2iiXRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Massof CO2 emitted (in metric tons) annually from equipment leaks and ventedemissions of CO2 from equipment located on the surface between the flow meterused to measure injection quantity and the injection wellhead.98.446f3iXRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Massof CO2 emitted (in metric tons) annually from equipment leaks and ventedemissions of CO2 from equipment located on the surface between the productionwellhead and the flow meter used to measure production quantity.98.446f3iiXRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Foreach leakage pathway through which CO2 emissions occurred, report: a numericalidentifier for the leakage pathway.98.446f7i XRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Foreach leakage pathway through which CO2 emissions occurred, report CO2 emittedthrough that leakage pathway in the reporting year.98.446f7iiXRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e):Annual CO2 mass emitted (metric tons) by surface leakage in the reporting year, ascalculated by Equation RR-10.98.446f8XRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Datethat most recent MRV plan was approved by EPA.98.446f11 XRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): MRVplan approval number that was issued by EPA.98.446f11 XKey:C = Data Element is considered to be confidential business information; X = Data Element takes on proposed confidentiality determination of the categoryIn the case that the dermination is "both" - the data element is not eligible for confidential treatment.Footnotes:1This data element is not assigned to a category because the data element refers to a reporting requirement specified under another subpart that has already been assigned to a category under that subpart.2EPA published a proposal to defer until March 2014reporting of the data elements in the Inputs to Emission Equations category for the reporting years 2011, 2012, and 2013 (see 75 FR 81350, December 27, 2011 for additional information)3This data element is not assigned to a category because the data element refers to a reporting requirement specified under another requirement in the same subpart or a different subpart that has already been assigned to a category.Subpart Data ElementReportingSectionFacility andUnit IdentifierInformationInputs toEmissionEquations2EmissionsUnit/Process 'Static'Characteristics Thatare Not Inputs toEmission EquationsUnit/ProcessOperatingCharacteristics Thatare Not Inputs toEmission EquationsCalculationMethodology& Method.TierTest &CalibrationMethodsProduction/ThroughputData That areNot Inputs toEmissionEquationsRaw MaterialsConsumed Thatare Not Inputsto EmissionEquationsData ElementsReported for Periodsof Missing Data thatare Not Inputs toEmission EquationsProcess Specific &Vendor DataSubmitted inBAMM ExtensionRequestsEmission Data (madeavailable to thepublic)Emission Data(made available tothe public)Emission Data(made available tothe public)Both BothEmission Data(made available tothe public)Not CBI CBI CBIEmission Data (madeavailable to the public)CBITable A-1: List of Proposed Data Category Assignments and CBI Determinations for Direct Emitter Subparts I, L, W, DD, RR and SS.CategoryProposed Confidentiality DeterminationsRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Anannual monitoring report that contains the following components: A narrative historyof the monitoring efforts conducted over the previous calendar year, including alisting of all monitoring equipment that was operated, its period of operation, and anyrelevant tests or surveys that were conducted.98.446f12iXRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Anannual monitoring report that contains the following components: A description ofany changes to the monitoring program that you concluded were not materialchanges warranting submission of a revised MRV planunder 40 CFR 98.446(d).98.446f12iiXRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Anannual monitoring report that contains the following components: A narrative historyof any monitoring anomalies that were detected in the previous calendar year andhow they were investigated and resolved.98.446f12iiiXRR - GeologicSequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthe reporting year for this annualreport, report the following starting on the date specified in 40 CFR 98.446(e): Anannual monitoring report that contains the following components: A description ofany surface leakages of CO2, including a discussionof all methodologies andtechnologies involved in detecting and quantifyingthe surface leakages and anyassumptions and uncertainties involved in calculating the amount of CO2 emitted.98.446f12ivXRR - GeologicSequestration ofCarbon DioxideMRV Plans and revised MRV Plans98.448XSS - Manufacture ofElectricTransmission andDistributionEquipmentNameplate capacity of the equipment delivered to customers with SF6 or PFCsinside, if different from the quantity in paragraph(f)98.456kXSS - Manufacture ofElectricTransmission andDistributionEquipmentDescription of the engineering methods and calculations used to determineemissions from hoses or other flow lines that connect the container to theequipment that is being filled.98.456lXSS - Manufacture ofElectricTransmission andDistributionEquipmentNumber of samples for each make, model, and group of conditions if the mass ofSF6 or the PFC disbursed to customers in new equipment over the period p isdetermined by assuming that it is equal to the equipment’s nameplate capacity or, incases where equipment is shipped with a partial charge, equal to its partial shippingcharge.98.456pXSS - Manufacture ofElectricTransmission andDistributionEquipmentUpper and lower bounds on the 95 percent confidenceinterval for each make,model, and group of conditions if the mass of SF6 or the PFC disbursed tocustomers in new equipment over the period p is determined by assuming that it isequal to the equipment’s nameplate capacity or, incases where equipment isshipped with a partial charge, equal to its partialshipping charge.98.456pXSS - Manufacture ofElectricTransmission andDistributionEquipmentFor any missing data, reason data were missing98.456tXSS - Manufacture ofElectricTransmission andDistributionEquipmentFor any missing data, the parameters for which thedata were missing. 98.456tXSS - Manufacture ofElectricTransmission andDistributionEquipmentFor any missing data, quantity of emissions estimated 98.456tXKey:C = CBIX = Not CBIFootnotes:1Data element is assigned to both the "Greenhouse Gases Reported" and "Production/Throughput" bins because the product is also the greenhouse gas reported.Subpart Data ElementReportingSectionIdentificationInformationGHGsReportedEmissionFactorsUnit/ ProcessOperatingCharacteristicsCalculation,Test, andCalibrationMethodsProduction/ThroughputQuantities andCompositionAmount &Compositionof MaterialsReceivedData Elements Reported forPeriods of Missing DataThat are Related toProduction/Throughput orMaterials ReceivedData Elements Reported forPeriods of Missing DataThat are Not Related toProduction/Throughput orMaterials ReceivedSupplierCustomer andVendorInformationProcess Specifcand Vendor DataSubmitted inBAMM ExtensionRequestsNot CBI Both CBI Both Not CBI Both CBI CBI Not CBI CBI CBIQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsTotal mass of each F-GHG imported in pre-chargedequipment or closed-cell foams.198.436a1CCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIdentity of F-GHG used as a refrigerant or electricalinsulator198.436a2CCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsCharge size98.436a2CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsNumber imported98.436a2CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIdentify of the F-GHG contained in the foam198.436a3CCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsMass of the F-GHG contained in the foam in eachappliance98.436a3CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsNumber of appliances imported. 98.436a3CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIdentify of the F-GHG in the foam198.436a4CCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsDensity of the F-GHG in the foam 98.436a4CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsVolume of foam imported98.436a4CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsDates on which pre-charged equipment were imported 98.436a5XQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsDates on which closed-cell foams were imported 98.436a5XQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the importer does not know the identity and massof thefluorinated GHGs within the closed-cell foam, totalmassin metric tons of CO2e of the fluorinated GHGs importedin closed-cell foams.198.436a6iCCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the importer does not know the identity and massof thefluorinated GHGs within the closed-cell foam: For closedcell foams that are imported inside of appliances,themass of the fluorinated GHGs in CO2e contained in thefoam in each appliance.98.436a6iiCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the importer does not know the identity and massof thefluorinated GHGs within the closed-cell foam: For closedcell foams that are imported inside of appliances,thenumber of appliances imported for each type ofappliance.98.436a6iiCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the importer does not know the identity and massof thefluorinated GHGs within the closed-cell foam: For closedcell foams that are not imported inside of appliances, themass in CO2e of the fluorinated GHGs in the foam.98.436a6iiiCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the importer does not know the identity and massof thefluorinated GHGs within the closed-cell foam: For closedcell foams that are not imported inside of appliances, thevolume of foam imported for each type of closed-cellfoam.98.436a6iiiCTable A-2: List of Proposed Data Category Assignments and CBI Determinations for Supplier Subparts QQ,RR, and UU.CategoryProposed Confidentiality DeterminationsKey:C = CBIX = Not CBIFootnotes:1Data element is assigned to both the "Greenhouse Gases Reported" and "Production/Throughput" bins because the product is also the greenhouse gas reported.Subpart Data ElementReportingSectionIdentificationInformationGHGsReportedEmissionFactorsUnit/ ProcessOperatingCharacteristicsCalculation,Test, andCalibrationMethodsProduction/ThroughputQuantities andCompositionAmount &Compositionof MaterialsReceivedData Elements Reported forPeriods of Missing DataThat are Related toProduction/Throughput orMaterials ReceivedData Elements Reported forPeriods of Missing DataThat are Not Related toProduction/Throughput orMaterials ReceivedSupplierCustomer andVendorInformationProcess Specifcand Vendor DataSubmitted inBAMM ExtensionRequestsNot CBI Both CBI Both Not CBI Both CBI CBI Not CBI CBI CBITable A-2: List of Proposed Data Category Assignments and CBI Determinations for Supplier Subparts QQ,RR, and UU.CategoryProposed Confidentiality DeterminationsQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the importer does not know the identity and massof thefluorinated GHGs within the closed-cell foam: Datesonwhich the closed-cell foams were imported.98.436a6ivXQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the importer does not know the identity and massof thefluorinated GHGs within the closed-cell foam: Nameofthe foam manufacturer for each type of closed-cellfoamwhere the identity and mass of the fluorinated GHGsisunknown.98.436a6vCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the importer does not know the identity and massof thefluorinated GHGs within the closed-cell foam:Certification that the importer was unable to obtaininformation on the identity and mass of the fluorinatedGHGs within the closed-cell foam from the closed-cellfoam manufacturer or manufacturers.98.436a6viXQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsTotal mass of each F-GHG exported in pre-chargedequipment or closed-cell foams.198.436b1CCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIdentify of the F-GHG used as refrigerant or electricalinsulator198.436b2CCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsCharge size (including holding charge, if applicable) 98.436b2CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsNumber of each type of pre-charged units exported 98.436b2CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIdentity of F-GHG contained in the closed-cell foamexported198.436b3CCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsMass of F-GHG contained in the foam in each appliance 98.436b3CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsNumber of appliances exported 98.436b3CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIdentity of each F-GHG contained in the foam198.436b4CCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsDensity of each F-GHG contained in the foam 98.436b4CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsVolume of foam exported98.436b4CQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsDates on which the pre-charged equipment were exported 98.436b5XQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsDates on which the closed-cell foams were exported 98.436b5XQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the exporter does not know the identity and massof thefluorinated GHG within the closed-cell foam, the exportershall report the following: Total mass in metric tons ofCO2e of the fluorinated GHGs exported in closed-cellfoams.198.436b6iCCKey:C = CBIX = Not CBIFootnotes:1Data element is assigned to both the "Greenhouse Gases Reported" and "Production/Throughput" bins because the product is also the greenhouse gas reported.Subpart Data ElementReportingSectionIdentificationInformationGHGsReportedEmissionFactorsUnit/ ProcessOperatingCharacteristicsCalculation,Test, andCalibrationMethodsProduction/ThroughputQuantities andCompositionAmount &Compositionof MaterialsReceivedData Elements Reported forPeriods of Missing DataThat are Related toProduction/Throughput orMaterials ReceivedData Elements Reported forPeriods of Missing DataThat are Not Related toProduction/Throughput orMaterials ReceivedSupplierCustomer andVendorInformationProcess Specifcand Vendor DataSubmitted inBAMM ExtensionRequestsNot CBI Both CBI Both Not CBI Both CBI CBI Not CBI CBI CBITable A-2: List of Proposed Data Category Assignments and CBI Determinations for Supplier Subparts QQ,RR, and UU.CategoryProposed Confidentiality DeterminationsQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the exporter does not know the identity and massof thefluorinated GHG within the closed-cell foam, the exportershall report the following: For closed-cell foams that areexported inside of appliances, the mass of the fluorinatedGHGs in CO2e contained in the foam in each appliance.98.436b6iiCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the exporter does not know the identity and massof thefluorinated GHG within the closed-cell foam, the exportershall report the following: For closed-cell foams that areexported inside of appliances, the number of appliancesimported for each type of appliance.98.436b6iiCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the exporter does not know the identity and massof thefluorinated GHG within the closed-cell foam, the exportershall report the following: For closed-cell foams that arenot exported inside of appliances, the mass in CO2eofthe fluorinated GHGs in the foam.98.436b6iiiCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the exporter does not know the identity and massof thefluorinated GHG within the closed-cell foam, the exportershall report the following: For closed-cell foams that arenot exported inside of appliances, the volume of foamimported (cubic feet) for each type of closed-cellfoam.98.436b6iiiCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the exporter does not know the identity and massof thefluorinated GHG within the closed-cell foam, the exportershall report the following: Dates on which the closed-cellfoams were exported.98.436b6ivXQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsName of the foam manufacturer for each type of closedcell foam where the identity and mass of the fluorinatedGHG is unknown.98.436b6vCQQ - Imports and Exports ofEquipment Pre-charged with FGHGs or Containing F-GHGs inClosed-cell FoamsIf the exporter does not know the identity and massof thefluorinated GHG within the closed-cell foam, the exportershall report the following: Certification that theexporterwas unable to obtain information on the identity and massof the fluorinated GHGs within the closed-cell foamfromthe closed-cell foam manufacturer or manufacturers.98.436b6viXRR - Geologic Sequestration ofCarbon DioxideFor submissions in support of an R&D project exemptionfrom reporting under subpart RR: the planned duration ofCO2 injection for the project.98.440d2iXRR - Geologic Sequestration ofCarbon DioxideFor submissions in support of an R&D project exemptionfrom reporting under subpart RR: planned annual CO2injection volumes during this time period.98.440d2iiXRR - Geologic Sequestration ofCarbon DioxideFor submissions in support of an R&D project exemptionfrom reporting under subpart RR: the research purposesof the project.98.440d2iiiXRR - Geologic Sequestration ofCarbon DioxideFor submissions in support of an R&D project exemptionfrom reporting under subpart RR: the source and type offunding for the project.98.440d2ivXRR - Geologic Sequestration ofCarbon DioxideFor submissions in support of an R&D project exemptionfrom reporting under subpart RR: the class of theunderground injection control permit.98.440d2vXRR - Geologic Sequestration ofCarbon DioxideFor submissions in support of an R&D project exemptionfrom reporting under subpart RR: the duration of theunderground injection control permit.98.440d2vXRR - Geologic Sequestration ofCarbon DioxideFor submissions in support of an R&D project exemptionfrom reporting under subpart RR: for an offshore facilitynot subject to Safe Drinking Water Act, a description ofthe legal instrument authorizing geologic sequestration.98.440d2vXKey:C = CBIX = Not CBIFootnotes:1Data element is assigned to both the "Greenhouse Gases Reported" and "Production/Throughput" bins because the product is also the greenhouse gas reported.Subpart Data ElementReportingSectionIdentificationInformationGHGsReportedEmissionFactorsUnit/ ProcessOperatingCharacteristicsCalculation,Test, andCalibrationMethodsProduction/ThroughputQuantities andCompositionAmount &Compositionof MaterialsReceivedData Elements Reported forPeriods of Missing DataThat are Related toProduction/Throughput orMaterials ReceivedData Elements Reported forPeriods of Missing DataThat are Not Related toProduction/Throughput orMaterials ReceivedSupplierCustomer andVendorInformationProcess Specifcand Vendor DataSubmitted inBAMM ExtensionRequestsNot CBI Both CBI Both Not CBI Both CBI CBI Not CBI CBI CBITable A-2: List of Proposed Data Category Assignments and CBI Determinations for Supplier Subparts QQ,RR, and UU.CategoryProposed Confidentiality DeterminationsRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 by pipeline, report the following foreach receiving flow meter: Total net mass of CO2received (metric tons) annually.198.446a1XXRR - Geologic Sequestration ofCarbon DioxideIf a volumetric flow meter is used to receive CO2 reportthe following unless you reported yes to 40 CFR98.446(a)(4): Volumetric flow through a receiving flowmeter at standard conditions (in standard cubic meters) ineach quarter.98.446a2iXRR - Geologic Sequestration ofCarbon DioxideIf a volumetric flow meter is used to receive CO2 reportthe following unless you reported yes to 40 CFR98.446(a)(4): The volumetric flow through a receiving flowmeter that is redelivered to another facility without beinginjected into your well (in standard cubic meters)in eachquarter.98.446a2iiXRR - Geologic Sequestration ofCarbon DioxideIf a volumetric flow meter is used to receive CO2 reportthe following unless you reported yes to 40 CFR98.446(a)(4): CO2 concentration in the flow (volumepercent CO2 expressed as a decimal fraction) in eachquarter.98.446a2iiiXRR - Geologic Sequestration ofCarbon DioxideIf a mass flow meter is used to receive CO2 reportthefollowing unless you reported yes to 40 CFR98.446(a)(4): The mass flow through a receiving flowmeter (in metric tons) in each quarter.198.446a3iXRR - Geologic Sequestration ofCarbon DioxideIf a mass flow meter is used to receive CO2 reportthefollowing unless you reported yes to 40 CFR98.446(a)(4): The mass flow through a receiving flowmeter that is redelivered to another facility without beinginjected into your well (in metric tons) in each quarter.98.446a3iiXRR - Geologic Sequestration ofCarbon DioxideIf a mass flow meter is used to receive CO2 reportthefollowing unless you reported yes to 40 CFR98.446(a)(4): The CO2 concentration in the flow (weightpercent CO2 expressed as a decimal fraction) in eachquarter.98.446a3iiiXRR - Geologic Sequestration ofCarbon DioxideIf the CO2 received is wholly injected and not mixed withany other supply of CO2, report whether you followed theprocedures in §98.444(a)(4).98.446a4XRR - Geologic Sequestration ofCarbon DioxideThe standard or method used to calculate each valuein98.446(a)(2) through (a)(3).98.446a5XRR - Geologic Sequestration ofCarbon DioxideNumber of times in the reporting year for which substitutedata procedures were used to calculate values reported in98.446(a)(2) through (a)(3).98.446a6XRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 by pipeline, report the following foreach flow meter: whether the flow meter is mass orvolumetric.98.446a7XRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 by pipeline, report the following foreach flow meter: a numerical identifier for the flow meter.98.446a8XRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 in containers, report: The mass(inmetric tons) or volume at standard conditions (in standardcubic meters) of contents in containers in each quarter.98.446b1XRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 in containers, report: Theconcentration of CO2 of contents in containers (volume orwt. % CO2 expressed as a decimal fraction) in eachquarter.98.446b2XRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 in containers, report: The mass(inmetric tons) or volume (in standard cubic meters) ofcontents in containers that is redelivered to another facilitywithout being injected into your well in each quarter.98.446b3XRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 in containers, report: The net mass ofCO2 received (in metric tons) annually.198.446b4XXRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 in containers, report: The standard ormethod used to calculate each value in paragraphs (b)(1)and (b)(2).98.446b5XRR - Geologic Sequestration ofCarbon DioxideIf you receive CO2 in containers, report: The number oftimes in the reporting year for which substitute dataprocedures were used to calculate values reported inparagraphs (b)(1) and (b)(2).98.446b6XKey:C = CBIX = Not CBIFootnotes:1Data element is assigned to both the "Greenhouse Gases Reported" and "Production/Throughput" bins because the product is also the greenhouse gas reported.Subpart Data ElementReportingSectionIdentificationInformationGHGsReportedEmissionFactorsUnit/ ProcessOperatingCharacteristicsCalculation,Test, andCalibrationMethodsProduction/ThroughputQuantities andCompositionAmount &Compositionof MaterialsReceivedData Elements Reported forPeriods of Missing DataThat are Related toProduction/Throughput orMaterials ReceivedData Elements Reported forPeriods of Missing DataThat are Not Related toProduction/Throughput orMaterials ReceivedSupplierCustomer andVendorInformationProcess Specifcand Vendor DataSubmitted inBAMM ExtensionRequestsNot CBI Both CBI Both Not CBI Both CBI CBI Not CBI CBI CBITable A-2: List of Proposed Data Category Assignments and CBI Determinations for Supplier Subparts QQ,RR, and UU.CategoryProposed Confidentiality DeterminationsRR - Geologic Sequestration ofCarbon DioxideIf you use more than one receiving flow meter, report thetotal net mass of CO2 received (metric tons) through allflow meters annually198.446cXXRR - Geologic Sequestration ofCarbon DioxideSource of the CO2 received according to the followingcategories: CO2 production wells, electric generating unit,ethanol plant, pulp and paper mill, natural gas processing,gasification operations, other anthropogenic source, CO2received from a discontinued enhanced oil and gasrecovery project, unknown.98.446d(1)-(9)XRR - Geologic Sequestration ofCarbon DioxideReport the date that you began collecting data forcalculating total amount sequestered according to 40CFR 98.448(a)(7).98.446eXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach injection flow meter (mass or volumetric), report: themass of CO2 injected annually.198.446f1iXXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach injection flow meter (mass or volumetric), report:CO2 concentration in flow (volume or wt.% CO2expressed as a decimal fraction) in each quarter.98.446f1iiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach injection flow meter, report: If a volumetricflowmeter is used, the volumetric flow rate at standardconditions (in standard cubic meters) in each quarter.98.446f1iiiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach injection flow meter, report: If a mass flow meter isused, the mass flow rate (in metric tons) each quarter.98.446f1ivXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach injection flow meter, report a numerical identifier.98.446f1vXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach injection flow meter, report whether the flowmeter ismass or volumetric.98.446f1viXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Thestandard used to calculate each value in 40 CFR98.446(f)(1)(ii) through (f)(1)(iv).98.446f1viiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach injection flow meter, report: Number of timesin thereporting year for which substitute data procedureswereused to calculate values reported in 40 CFR98.446(f)(1)(ii) through 98.446(f)(1)(iv).98.446f1viiiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach injection flow meter, report the location of the flowmeter.98.446f1ixXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):TotalCO2 injected during the reporting year as calculated inEquation RR-6.198.446f2XXKey:C = CBIX = Not CBIFootnotes:1Data element is assigned to both the "Greenhouse Gases Reported" and "Production/Throughput" bins because the product is also the greenhouse gas reported.Subpart Data ElementReportingSectionIdentificationInformationGHGsReportedEmissionFactorsUnit/ ProcessOperatingCharacteristicsCalculation,Test, andCalibrationMethodsProduction/ThroughputQuantities andCompositionAmount &Compositionof MaterialsReceivedData Elements Reported forPeriods of Missing DataThat are Related toProduction/Throughput orMaterials ReceivedData Elements Reported forPeriods of Missing DataThat are Not Related toProduction/Throughput orMaterials ReceivedSupplierCustomer andVendorInformationProcess Specifcand Vendor DataSubmitted inBAMM ExtensionRequestsNot CBI Both CBI Both Not CBI Both CBI CBI Not CBI CBI CBITable A-2: List of Proposed Data Category Assignments and CBI Determinations for Supplier Subparts QQ,RR, and UU.CategoryProposed Confidentiality DeterminationsRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach separator flow meter (mass or volumetric), report:CO2 mass produced (metric tons) annually.198.446f4iXXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Foreach separator flow meter (mass or volumetric), report:CO2 concentration in flow (volume or wt. % CO2expressed as a decimal fraction) in each quarter.98.446f4iiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):If avolumetric flow meter is used, volumetric flow rateatstandard conditions (standard cubic meters) in eachquarter.98.446f4iiiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):If amass flow meter is used, mass flow rate (metric tons) ineach quarter.98.446f4ivXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Anumerical identifier for the flow meter.98.446f4v XRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Whether the flow meter is mass or volumetric98.446f4viXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Standard used to calculate each value in 40 CFR98.446(f)(4)(ii) through (f)(4)(iv).98.446f4viiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Number of times in the reporting year for which substitutedata procedures were used to calculate values reported in98.446(f)(4)(ii) through (f)(4)(iv).98.446f4viiiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Theentrained CO2 in produced oil or other fluid divided by theCO2 separated through all separators in the reportingyear (weight percent CO2 expressed as a decimalfraction) used as the value for X in Equation RR-9and asdetermined according to your EPA-approved MRV plan.98.446f5XRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Annual CO2 produced in the reporting year, as calculatedin Equation RR-9.198.446f6XXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Annual CO2 sequestered in the subsurface geologicformations in the reporting year, as calculated byEquation RR-11 or RR-12.198.446f9XXKey:C = CBIX = Not CBIFootnotes:1Data element is assigned to both the "Greenhouse Gases Reported" and "Production/Throughput" bins because the product is also the greenhouse gas reported.Subpart Data ElementReportingSectionIdentificationInformationGHGsReportedEmissionFactorsUnit/ ProcessOperatingCharacteristicsCalculation,Test, andCalibrationMethodsProduction/ThroughputQuantities andCompositionAmount &Compositionof MaterialsReceivedData Elements Reported forPeriods of Missing DataThat are Related toProduction/Throughput orMaterials ReceivedData Elements Reported forPeriods of Missing DataThat are Not Related toProduction/Throughput orMaterials ReceivedSupplierCustomer andVendorInformationProcess Specifcand Vendor DataSubmitted inBAMM ExtensionRequestsNot CBI Both CBI Both Not CBI Both CBI CBI Not CBI CBI CBITable A-2: List of Proposed Data Category Assignments and CBI Determinations for Supplier Subparts QQ,RR, and UU.CategoryProposed Confidentiality DeterminationsRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):Cumulative mass of CO2 reported as sequestered in thesubsurface geologic formations in all years since the wellor group of wells became subject to reportingrequirements under subpart RR.198.446f10XXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):If thewell is permitted by an Underground Injection Controlprogram, for each injection well, report: Well identificationnumber used for the Underground Injection ControlPermit.98.446f13iXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):If thewell is permitted by an Underground Injection Controlprogram, for each injection well, report: UndergroundInjection Control permit class.98.446f13iiXRR - Geologic Sequestration ofCarbon DioxideIf the date specified in 40 CFR 98.446(e) is duringthereporting year for this annual report, report the followingstarting on the date specified in 40 CFR 98.446(e):If anoffshore well is not subject to the Safe Drinking WaterAct, for each injection well, report any well identificationnumber and any identification number used for thelegalinstrument authorizing geologic sequestration.98.446f14 XUU - Injection of Carbon Dioxide If you receive CO2by pipeline, report the following foreach receiving flow meter: Total net mass of CO2received (metric tons) annually.198.476a1XXUU - Injection of Carbon Dioxide If you receive CO2by pipeline, report the following foreach receiving flow meter: If a volumetric flow meter isused to receive CO2: Volumetric flow through a receivingflow meter at standard conditions (in standard cubicmeters) in each quarter.98.476a2iXUU - Injection of Carbon Dioxide If you receive CO2by pipeline, report the following foreach flow meter: If a volumetric flow meter is usedtoreceive CO2: The volumetric flow through a receiving flowmeter that is redelivered to another facility without beinginjected into your well (in standard cubic meters)in eachquarter.98.476a2iiXUU - Injection of Carbon Dioxide If you receive CO2by pipeline, report the following foreach receiving flow meter: CO2 concentration in theflow(volume % CO2 expressed as a decimal fraction) in eachquarter.98.476a2iiiXUU - Injection of Carbon Dioxide If you receive CO2by pipeline, report the following foreach flow meter: If a mass flow meter is used to receiveCO2: The mass flow through a receiving flow meter (inmetric tons) in each quarter.98.476a3iXUU - Injection of Carbon Dioxide If you receive CO2by pipeline, report the following foreach flow meter: If a mass flow meter is used to receiveCO2: The mass flow through a receiving flow meter thatis redelivered to another facility without being injected intoyour well (in metric tons) in each quarter.98.476a3iiXUU - Injection of Carbon Dioxide If you receive CO2by pipeline, report the following foreach flow meter: If a mass flow meter is used to receiveCO2: CO2 concentration in the flow (wt. % CO2expressed as a decimal fraction) in each quarter.98.476a3iiiXUU - Injection of Carbon Dioxide The standard or method used to calculate each value in98.476(a)(2) through (a)(3).98.476a4XUU - Injection of Carbon Dioxide Number of times inthe reporting year for which substitutedata procedures were used to calculate values reported in98.476(a)(2) through (a)(3).98.476a5XKey:C = CBIX = Not CBIFootnotes:1Data element is assigned to both the "Greenhouse Gases Reported" and "Production/Throughput" bins because the product is also the greenhouse gas reported.Subpart Data ElementReportingSectionIdentificationInformationGHGsReportedEmissionFactorsUnit/ ProcessOperatingCharacteristicsCalculation,Test, andCalibrationMethodsProduction/ThroughputQuantities andCompositionAmount &Compositionof MaterialsReceivedData Elements Reported forPeriods of Missing DataThat are Related toProduction/Throughput orMaterials ReceivedData Elements Reported forPeriods of Missing DataThat are Not Related toProduction/Throughput orMaterials ReceivedSupplierCustomer andVendorInformationProcess Specifcand Vendor DataSubmitted inBAMM ExtensionRequestsNot CBI Both CBI Both Not CBI Both CBI CBI Not CBI CBI CBITable A-2: List of Proposed Data Category Assignments and CBI Determinations for Supplier Subparts QQ,RR, and UU.CategoryProposed Confidentiality DeterminationsUU - Injection of Carbon Dioxide If you receive CO2by pipeline, report the following foreach flow meter: whether the flow meter is mass orvolumetric.98.476a6XUU - Injection of Carbon Dioxide If you receive CO2in containers, report: The mass (inmetric tons) or volume at standard conditions (in standardcubic meters) of contents in containers in each quarter.98.476b1XUU - Injection of Carbon Dioxide If you receive CO2in containers, report: Theconcentration of CO2 of contents in containers (volume orwt. % CO2 expressed as a decimal fraction) in eachquarter.98.476b2XUU - Injection of Carbon Dioxide If you receive CO2in containers, report: The mass (inmetric tons) or volume (in standard cubic meters) ofcontents in containers that is redelivered to another facilitywithout being injected into your well in each quarter.98.476b3XUU - Injection of Carbon Dioxide If you receive CO2in containers, report: The net totalmass of CO2 received (in metric tons) annually.198.476b4XXUU - Injection of Carbon Dioxide If you receive CO2in containers, report: The standard ormethod used to calculate each value in paragraphs (b)(1)and (b)(2).98.476b5XUU - Injection of Carbon Dioxide If you receive CO2in containers, report: The number oftimes in the reporting year for which substitute dataprocedures were used to calculate values reported inparagraphs (b)(1) and (b)(2).98.476b6XUU - Injection of Carbon Dioxide If you use more than one receiving flow meter, report thenet total mass of CO2 received (metric tons) through allflow meters annually.198.476cXXUU - Injection of Carbon Dioxide Source of the CO2 received according to the followingcategories: 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,unknown.98.476d(1)-(9)XFrom: Lisa Grogan-McCulloch/DC/USEPA/US To: "Higgins, Cortney" <Cortney_Higgins@omb.eop.gov > Cc: Anhar Karimjee/DC/USEPA/US@EPA Date: 10/27/2011 09:56 AM Subject: Updated GHG Reporting Program Track 2 CBI Rule Cortney,

Attached are the red-line strike-out and clean vers ions of the Re-Proposal of CBI Determinations for Track 2 Sourc e Categories. I think Anhar mentioned to you when you spoke last we ek that we removed all the Subpart W reporting elements from this acti on (and will include them in a separate action) because there are amendm ents to Subpart W that will be finalized in December. Since these am endments have not yet been finalized, we can not include them (as finaliz ed) in this package. As a result, we decided to handle Subpart W CBI det erminations in a separate package. Below are the key advantages of this approach: 1. Subpart W stakeholders will need to comment on only one rule rather than two separate rules. 2. Confusion will be minimized, as CBI determinati ons will not be proposed until the subpart W amendments are final, and the reporting elements have stabilized. 3. Subpart W stakeholders have commented in the pa st that they would like an opportunity to comment on CBI determination s once the reporting elements are stable. Please feel free to give me a call if you have any questions. Best, Lisa

(See attached file: EO12866_GHGRP_Part_98_2060_AQ70_NPRM_10-26-2011_tra ck.docx) (See attached file: EO12866_GHGRP_Part_98_2060_AQ70_NPRM_10-26-20 11_clean.docx)

Lisa Grogan-McCulloch Climate Change Division, USEPA Phone: (202) 343-9743 Email: Grogan-McCulloch.Lisa@epa.gov*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review***

ENVIRONMENTAL PROTECTION AGENCY 6560.50

40 CFR Part 98 [EPA-HQ-OAR-2011-0028; FRL- ]

RIN 2060-AQ70 Proposed Confidentiality Determinations for 9 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 I, L, DD, QQ, RR, SS, and UU under the Mandatory Greenhouse G as Reporting Rule. On July 7, 2010, EPA proposed confidentiality determinations for the data element s in the proposed seven subparts and is issuing this re-proposal today due to significant changes to certain data el ements in the final subparts. The confidentiality determi nation re-proposal for these seven subparts takes into account the proposed amendments to these subparts in the August 4, 2011 proposal “2011 Technical Corrections, Clarifying an d Other Amendments to Certain Provisions of the Mandatory Greenhouse Gas Reporting Rule.” In addition, EPA i s proposing confidentiality determinations for six ne w data elements that are not inputs to equations, proposed to be added to subparts II and TT in the August 4, 2011 p roposal. EPA is also proposing to categorize three data elem ents Deleted: 10

Deleted: W,

Deleted: eight

Deleted: eight

Deleted: June 27, 2011 proposal “Mandatory Reporting of Greenhouse Gases: Petroleum and Natural Gas Systems: Revisions to Best Available Monitoring Method Provisions” and the*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 3 of 118 added to subparts FF and TT as inputs to emission e quations and to defer their reporting deadline to March 31, 2013. To accommodate this, EPA is proposing to amend Tabl e A-6 in subpart A. Finally, EPA is proposing to re-numerat e section references in Table A-6 as proposed in the August 4, 2011 proposal.

DATES: Comments . Comments must be received on or before [INSERT THE DATE 60 DAYS AFTER THE DATE OF PUBLICAT ION 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, pl ease 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 PUBLICAT ION 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 m ethods:



### • Federal eRulemaking Portal : http://www.regulations.gov . Follow the online instructions for submitting comments.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 4 of 118



### • E-mail : GHGReportingCBI@epa.gov



### • Fax : (202) 566–1741.



### • Mail : Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 6102T, Attention Docket I D 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 com ments received will be included in the public docket with out 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 inf ormation (CBI) or other information whose disclosure is rest ricted by statute. Do not submit information that you consider to be C BI or otherwise protected through http://www.regulatio ns.gov or e-mail. Send or deliver information identified as CBI to only the mail or hand/courier delivery address l isted above, attention: Docket ID No. EPA-HQ-OAR-2011-002 8. The http://www.regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the bo dy of*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 5 of 118 your comment. If you send an e-mail comment direct ly to EPA without going through http://www.regulations.go v your e-mail address will be automatically captured and i ncluded 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 y our comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficult ies and cannot contact you for clarification, EPA may not b e able to consider your comment. Electronic files should avoid the use of special characters, any form of encrypti on, 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 restri cted by statute. Certain other material, such as copyright ed material, will be publicly available only in hard c opy. Publicly available docket materials are available e ither electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West, Room B102 , 1301 Constitution Ave., NW., Washington, DC. This Docke t Facility is open from 8:30 a.m. to 4:30 p.m., Monda y*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 6 of 118 through Friday, excluding legal holidays. The tele phone number for the Public Reading Room is (202) 566–174 4, and the telephone number for the Air Docket is (202) 56 6–1742.

FOR FURTHER GENERAL INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Prog rams (MC–6207J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telep hone number: (202) 343–9263; fax number: (202) 343–2342; e-mail address: GHGMRR@epa.gov . For technical information, contact the Greenhouse Gas Reporting Rule Hotline a t: http://www.epa.gov/climatechange/emissions/ghgrule_ contactu

s.htm . Alternatively, contact Carole Cook at 202–343–92 63. 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 info rmation will also be available through the WWW on EPA’s gre enhouse gas reporting rule website at http://www.epa.gov/climatechange/emissions/ghgrulem aking.ht

ml

. SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations

. The following acronyms

and abbreviations are used in this document. BAMM Best Available Monitoring Methods CAA Clean Air Act*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 7 of 118 CEMS continuous emission monitoring system CO 2 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 ai r

pollutants N 2 O 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 SF 6 sulfur hexafluoride UIC Underground Injection Control UMRA Unfunded Mandates Reform Act of 1995 U.S. United States WWW Worldwide Web

Organization of This Document . The following outline is provided to aid in locating information in this preamble.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 8 of 118 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 e mission equations” data category C. What is the rationale for re-proposing the CBI determinations for seven subparts? D. How does the Technical Revisions Proposal affec t this action? III. Re-Proposal of CBI Determinations for Seven S ubparts 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 Proposed Ne w Data Elements in Subparts II and TT V. Proposed Deferral of Inputs to Emission Equatio ns 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 Coordin ation with Indian Tribal Governments G. Executive Order 13045: Protection of Children f rom Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions that Significant ly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Ac t J. Executive Order 12898: Federal Actions to Addre ss Environmental Justice in Minority Populations and L owIncome Populations

I. General Information A. What is the purpose of this action?*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 9 of 118This action has three purposes. First, EPA is reproposing confidentiality determinations for the da ta

elements in seven subparts (I, 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 el ements contained in the proposed subparts I, L, DD, QQ, RR , and SS in the July 7, 2010 proposed CBI determination noti ce (75 FR 39094; hereinafter referred to as the “July 7, 2 010 CBI proposal”). These subparts were finalized in Decem ber of 2010 as part of two separate amendments to Part 98. As explained in more detail in Section II.C of this pr eamble, many data elements were added or significantly chan ged since proposal, and portions of proposed subpart RR were split off to create a new subpart UU. Additionally , on August 4, 2011, EPA proposed amendments to subpart RR. See “2011 Technical Corrections, Clarifying and Other Amendments to Certain Provisions of The Mandatory R eporting of Greenhouse Gases Rule” (76 FR 47392; hereinafter referred to as the “Technical Corrections proposal” ). In light of the above, we are re-proposing for public comment the confidentiality determinations for the data ele ments in

these seven subparts to reflect the data elements in the

final seven subparts and the proposed new and revised data Deleted: ei ght Deleted: W,

Deleted: W,

Deleted: November and

Deleted: three

Deleted: June 27, 2011, EPA proposed to amend the best available monitoring methods (BAMM) extension request data elements in subpart W to condense the existing requirements from 30 to six data elements and to add one new data element. See “Mandatory Reporting of Greenhouse Gases: Petroleum and Natural Gas Systems: Revisions to Best Available Monitoring Method Provisions” (76 FR 37300; hereinafter referred to as the “Subpart W BAMM proposal Deleted: ”). On Deleted: further Deleted: s W and

Deleted: eight

Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 10 of 118 elements in subpart RR in the Technical Corrections proposal. On May 26, 2011, EPA published the final CBI determinations for 35 Part 98 subparts in “Confiden tiality Determinations for Data Required Under the Mandator y Greenhouse Gas Reporting Rule and Amendments to Spe cial Rules Governing Certain Information Obtained Under the Clean Air Act” (76 FR 30782; hereinafter referred t o as the “Final CBI Rule”). In that rule, we created 22 dat a categories (11 for direct emitters of greenhouse ga ses (GHGs) and 11 for suppliers of GHGs and products co ntaining 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 th e seven subparts into the appropriate data categories creat ed in the Final CBI Rule. For a list of the data categor ies, see Section III.A of this preamble. This notice covers all of

the data elements from the seven subparts except for those that are in the “Inputs to Emission Equations” data category. The covered data elements and their prop osed category assignments are listed by data category in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Me mo A.” This memorandum reflects the proposed revisions in the Technical Corrections proposal. Deleted: these subparts

Deleted: and the Subpart W BAMM proposal

Deleted: eight

Deleted: eight

Deleted: and the proposed revisions and addition in the Subpart W BAMM proposal*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 11 of 118 As in the Final CBI Rule, this proposal does not

address data elements from the seven subparts in the “Inputs to Emission Equations” data category. Thos e data elements were identified in “Change to the Reportin g Date for Certain Data Elements Required Under the Mandat ory Reporting of Greenhouse Gases Rule,” published on A ugust 25, 2011 (76 FR 53057; hereinafter referred to as t he “Final Deferral”). In that action, EPA deferred th e deadline for direct emitter reporters to report “In puts to Emission Equations” data elements. EPA deferred th e 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 lis t of the

data elements in these seven 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 element s (that are not inputs to equations) proposed to be added t o subparts II and TT in the Technical Corrections pro posal (76 FR 47392). Subparts II and TT were originally finalized in July of 2010. Confidentiality determi nations for the finalized data elements in these two subpar ts were Deleted: eight

Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 12 of 118 included in the Final CBI Rule; however, in the Tec hnical Corrections proposal that was issued after the Fina l CBI Rule, certain existing data elements are proposed t o be revised and certain new data elements are proposed to be added. As discussed in Section I.D of this preambl e, the proposed revisions do not change the information to be reported and therefore do not affect the final confidentiality determinations for those data eleme nts. However, the Final CBI Rule does not address the pr oposed new data elements for these two subparts. Therefor e, we are proposing confidentiality determinations in thi s action for the new subpart II and TT data elements propose d in the Technical Corrections proposal. The new subpart II and TT data elements and their proposed category assignmen ts are listed by data category in Section IV of this pream ble. The third purpose of this action is to propose amendments to Table A-6 to subpart A of Part 98 to reflect proposed amendments in the Technical Correction pro posal (76 FR 47392). In the Technical Corrections propos al, three new equation inputs are proposed to be added to subparts FF and TT. In this action, EPA is proposin g to defer the reporting deadline for these three propos ed equation inputs to March 31, 2013. As with other e quation inputs, EPA is in the process of evaluating the sen sitivity*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 13 of 118 of these three proposed equation inputs, and we bel ieve that we can complete our evaluation before March 31 , 2013, the current reporting deadline for the equation inp uts listed in Table A-6 of Subpart A. EPA is therefore proposing to add these proposed inputs to Table A-6 to require their reporting by March 31, 2013. Additio nally, in the Technical Corrections proposal, certain exis ting equation inputs are proposed to be revised, includi ng three subpart TT equation inputs for which the section re ferences are proposed to be re-numbered. As discussed furth er in Section I.D of this preamble, the proposed revision s to the equation inputs are technical or editorial in natur e and

would not affect the information to be collected. However, Table A-6 does not currently account for the propos ed renumerations. Therefore, we are proposing to revise section references to the three subpart TT inputs to equati ons in Table A-6 as proposed in the Technical Correction p roposal. B. Does this action apply to me? This proposal affects entities required to submit annual GHG reports under certain subparts of Part 9 8. The Administrator determined that this action is subjec t to the provisions of Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) apply to “such other actions as the Administrator m ay*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 14 of 118 determine”). Part 98 and this action affect owners and operators of electronics manufacturing facilities, fluorinated gas production facilities, electric pow er systems, electrical equipment manufacturing facilit ies, carbon dioxide (CO 2 ) enhanced oil and gas recovery projects, acid gas injection projects, geologic sequestration projects, importers and exporters of pre-charged equipment and closed-cell foams, industrial wastewater treatm ent facilities, underground coal mines, and industrial waste landfills. Affected categories and entities includ e those listed in Table 1 of this preamble. Table 1. Examples of Affected Entities by Category Category NAICS Examples of affected facilitie s Electronics Manufacturing 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic

(solid-state) device manufacturing facilities. 334419 Liquid crystal display unit

screens manufacturing facilities. 334419 Micro-electro-mechanical

systems manufacturing 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. Deleted: and petroleum and natural gas systems,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 15 of 118 Category NAICS Examples of affected facilitie s 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. 423730 Automotive air-conditioners

merchant wholesalers. 326150 Polyurethane foam products

manufacturing. 335313 Circuit breakers, power,

manufacturing. 423610 Circuit breakers merchant

wholesalers. CO 2 Enhanced Oil and Gas Recovery Projects 211 Oil and gas extraction projects using CO 2 enhanced recovery.

Acid Gas Injection Projects 211111

or 211112 Projects that inject acid gas

containing CO 2 underground.

Geologic Sequestration Projects N/A CO 2 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. Deleted: Petroleum and Natural Gas Systems¶ 486210¶ Pipeline transportation of natural gas.¶ 221210¶ Natural gas distribution facilities.¶ 211¶ Extractors of crude petroleum and natural gas.¶ 211112¶ Natural gas liquid extraction facilities. ... [1]*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 16 of 118 Category NAICS Examples of affected facilitie s

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. 311421 Fruit and vegetable canning

facilities. 221320 Sewage treatment facilities. Table 1 of this preamble lists the types of entiti es that potentially could be affected by the reporting requirements under the eleven subparts covered by t his proposal. However, this list is not intended to be exhaustive, but rather provides a guide for readers regarding facilities and suppliers likely to be aff ected by this action. Other types of facilities and supplie rs not listed in the table could also be subject to report ing requirements. To determine whether you are affecte d by this action, you should carefully examine the appli cability criteria found in 40 CFR part 98, subpart A as well as 40 CFR part 98 subparts I, L, DD, FF, II, QQ, RR, SS, TT, and UU. If you have questions regarding the applicabil ity of this action to a particular facility, consult the p erson Deleted: W,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 17 of 118 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 tha t you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the d isk or CD ROM as CBI and then identify electronically with in the disk or CD ROM the specific information that is cla imed as CBI. In addition to one complete version of the co mment that includes information claimed as CBI, a copy of the

comment that does not contain the information claim ed as CBI must be submitted for inclusion in the public d ocket.

Information marked as CBI will not be disclosed exc ept in accordance with procedures set forth in 40 CFR part 2. Do not submit information that you consider to be C BI or otherwise protected through http://www.regulatio ns.gov or e-mail. Send or deliver information identified as CBI to only the mail or hand/courier delivery address l isted above, attention: Docket ID No. EPA-HQ-OAR-2011-002 8. If you have any questions about CBI or the procedur es for claiming CBI, please consult the person identif ied in

the “ FOR FURTHER INFORMATION CONTACT” section. 2. Tips for Preparing Your Comments*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 18 of 118 When submitting comments, remember to: Identify the rulemaking by docket number and other identifying information (e.g., subject heading, Fed eral Register date and page number). Follow directions. EPA may ask you to respond to specific questions or organize comments by referenc ing a CFR part or section number. Explain why you agree or disagree, and suggest alternatives and substitute language for your reque sted 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 deta il to allow us to reproduce your estimate. Provide specific examples to illustrate your concer ns 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 b y the comment period deadline identified in the prece ding

section titled DATES . To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to t his action in the subject line on the first page of you r*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 19 of 118 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 o f Atmospheric Programs, Climate Change Division, Mail Code 6207-J, Washington, DC, 20460, telephone (202) 343– 9263, email GHGReportingCBI@epa.gov. You are also encoura ged to send a separate copy of your CBI information to Car ole 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 GH G Reporting Rule for collecting information regarding GHGs from a broad range of industry sectors (74 FR 56260 ). Under Part 98 and its subsequent amendments, certai n 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 seq uester or otherwise inject CO 2 underground. For suppliers, this*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 20 of 118 includes those that supply certain products that wo uld 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 da ta, including information necessary to characterize, qu antify, and verify the reported emissions and supplied quan tities. In the preamble to Part 98, we stated, “Through a n otice and comment process, we will establish those data e lements 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 prov ided in comments, we may identify classes of information th at are not emissions data, and are CBI” (74 FR 56287, Octo ber 30, 2009). On July 7, 2010, (75 FR 39094) EPA proposed confidentiality determinations for Part 98 data ele ments and proposed amending EPA’s regulation for handling CBI to add specific procedures for the treatment of Part 9 8 data. The July 7, 2010 CBI proposal proposed confidential ity

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 sub parts that had been proposed but not yet finalized as of July*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 21 of 118 2010 (see 75 FR 18576, 75 FR 18608, and 75 FR 18652 , April 12, 2010). The July 7, 2010 CBI proposal also cove red proposed changes to the reporting requirements for some of the Part 98 subparts finalized in October 2009. Th ese changes were proposed in two separate rulemakings ( see 75 FR 18455, April 12, 2010; and 75 FR 33950, June 15, 2010). On August 11, 2010, EPA published another proposed amendment to Part 98 to change the description of s ome reported data elements and require reporting of som e new data elements for some of the Part 98 subparts fina lized in October 2009 (75 FR 48744; hereinafter referred to as the “August 11, 2010 revisions proposal”). EPA issued a supplemental CBI proposal that proposed confidentia lity

determinations for the new and revised data element s included in the August 11, 2010 revisions notice (7 5 FR 43889, July 27, 2010; hereinafter referred to as th e “July 27, 2010 supplemental CBI proposal”). On May 26, 2011, EPA published the Final CBI Rule f or the data elements in 35 Part 98 subparts that were covered in the July 2010 proposals, except for those data e lements 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 cat egories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 22 of 118 For 16 data categories (eight direct emitter data categories and eight supplier data categories), EPA issued a category-based final CBI determination for all da ta elements within the category. For another five dat a categories (two direct emitter data categories and three supplier data categories), EPA determined that they 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. However, f or the reasons explained in the preamble to that rule, EPA did not make categorical CBI determination for these five d ata categories but instead evaluated and determined for individual data elements in these data categories w hether they qualify as CBI. As a result, each of these fi ve categories contains both data elements determined t o be CBI and those determined not to be CBI. As explained i n more detail in Section II.B of this preamble, we did not take final action with respect to the data elements in t he remaining one of the 22 data categories addressed i n that rule: the “Inputs to Emission Equations” data categ ory. In the May 26, 2011 Final CBI Rule, EPA did not finalize confidentiality determinations for the dat a elements in six subparts that had been proposed or reproposed at the time of the July 7, 2010 CBI propos al Deleted: seven*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 23 of 118 (subparts I, L, DD, QQ, RR, and SS). EPA finalized those

six subparts and subpart UU 1 in two separate actions. On December 1, 2010, we finalized subparts I, L, DD, Q Q, and SS (75 FR 74774), and subparts RR and UU (75 FR 750 60). As explained in Section II.D of this preamble, on Augu st 4, 2011, we published the Technical Correction proposa l that included, among other things, proposed revisions to some subpart RR data elements (76 FR 47392).

The seven affected subparts are as follows:



### • Subpart I, Electronics Manufacturing



### • Subpart L, Fluorinated Gas Production



### • Subpart DD, Electrical Transmission and Distributio n 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 Dioxid e



### • 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

1 EPA initially proposed subparts RR and UU as a sin gle subpart (subpart RR); however, as a result of public comments on sub part RR, EPA moved all definitions, requirements, and procedures for f acilities conducting only CO 2 injection (without geologic sequestration) into a new subpart (subpart UU). Subpart RR retained all definitions, requirements, and procedures related to facilities conducting geologi c sequestration. Deleted: W,

Deleted: seven Deleted: three Deleted: We finalized subpart W on November 30, 2010 (75 FR 74458). Deleted: As explained in Section II.E of this preamble, on June 27, 2011, we published the Subpart W BAMM proposal that proposed to revise certain BAMM extension request data elements and add a new data element in subpart W (76 FR 37300).

Deleted: W and

Deleted: eight

Deleted: <#>Subpart W, Petroleum and Natural Gas Systems ¶*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 24 of 118 determinations for the data elements in these seven subparts. The Technical Corrections proposal also contains proposed technical corrections, clarifying and othe r amendments for four additional subparts that were c overed by the Final CBI Rule and the Final Deferral. As e xplained in more detail in Section II.D of this preamble, th e proposed revisions to the existing data elements in these subparts that are not inputs to emission equations would not change the information to be collected and ther efore would not affect the confidentiality determinations made in the Final CBI Rule. However, the Technical Correct ion proposal also proposes new data elements that are n ot inputs to emission equations for subparts II and TT . EPA is proposing confidentiality determinations in this action for these proposed new data elements. As further explained in Section II.D of this preamb le, the proposed revisions to the existing data element s in these subparts that are inputs to emission equation s would not change the information to be collected and ther efore would generally not affect Tables A-6 and A-7 to su bpart A of Part 98, which were finalized in the Final Defer ral to defer the reporting deadline for inputs to emission equations to March 31, 2013, and March 31, 2015, Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 25 of 118 respectively. The one exception is that certain pr oposed revisions in the Technical Corrections proposal do renumerate some subpart TT inputs, so EPA is proposin g to amend Table A-6 in this action to reflect this prop osed renumeration. The Technical Corrections proposal als o proposes new data elements that are inputs to emiss ion equations for subparts FF and TT. EPA is proposing to defer the reporting deadline for these subpart FF a nd TT inputs to March 31, 2013. To accomplish this, EPA is proposing to amend Table A-6. 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 e mission equations” data category EPA received numerous public comments on the July 7 , 2010 CBI proposal and the July 27, 2010 supplementa l CBI proposal. In particular, EPA received comments tha t 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 equat ions, EPA took three concurrent actions, which are as fol lows:*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 26 of 118



### • 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 Eleme nts Required Under the Mandatory Reporting of Greenhous e Gases Rule; Proposed Rule, 75 FR 81350 (December 27 , 2010) (“proposed deferral”).



### • Interim Final Regulation Deferring the Reporting Da te for Certain Data Elements Required Under the Mandat ory Reporting of Greenhouse Gases Rule, 75 FR 81338 (December 27, 2010) (“interim final rule”). As explained in the proposed deferral notice, EPA h as determined that some of the comments on inputs to e mission equations “warrant in-depth evaluation of the poten tial impact from the release of inputs to emission equat ions, as

well as collection and review of additional informa tion, that cannot be completed before the March 31, 2011 reporting deadline” (75 FR 81350, 81353). We there fore issued the proposed deferral to defer the reporting deadline for data elements that are inputs to emiss ion equations. Because EPA needed time to complete the deferral rulemaking, EPA concurrently issued the in terim 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 info rmation

that will assist EPA with the evaluation described above.

2 The reporting deadline for year 2010 data required under the Mandatory Reporting of Greenhouse Gases Rule has since been e xtended to September 30, 2011. See 76 FR 14812 (March 18, 2011).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 27 of 118 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 Deferra l (“Change to the Reporting Date for Certain Data Ele ments Required Under the Mandatory Reporting of Greenhous e Gases Rule”; 76 FR 53057). In that action, EPA deferred the deadline for direct emitter reporters to report “In puts to Emission Equations” data elements. EPA deferred th e deadline for reporting some of these data elements to March 31, 2013, and others to March 31, 2015. Data eleme nts with the March 31, 2013, reporting deadline are identifi ed in Table A-6 to subpart A and those with the March 31, 2015, reporting deadline are identified in Table A-7 to s ubpart

A. As explained further in Section II.D of this preamb le,

the tables in the Final Deferral do not reflect the proposed changes or additions to inputs to equation s in the Technical Corrections proposal. EPA is therefore p roposing to amend Table A-6 to require reporting of the prop osed new inputs by March 31, 2013, and to re-numerate certai n section references as proposed in the Technical Cor rections proposal.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 28 of 118 C. What is the rationale for re-proposing the CBI

determinations for seven subparts? EPA included the data elements in the proposed subparts I, L, DD, QQ, RR, and SS in the July 7, 20 10 CBI proposal because EPA did not anticipate any signifi cant change to these data elements when finalizing these subparts. However, EPA received comments on these proposed subparts recommending significant changes to some o f 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 fi nal set of data elements in these seven subparts after thei r promulgation. After the subparts were promulgated, EPA evaluated the changes made between proposal and promulgation. It was clear that there were signifi cant changes to the data elements in these subparts sinc e proposal. There were changes in the types of data to be submitted, and new data elements were added. The c hanges also included definition changes and clarifications as well as technical changes that affected many of the data reporting categories and data elements. Further, w e split off portions of the proposed subpart RR and created a new subpart UU. Given these significant changes, EPA a greed that an opportunity to comment on the confidentiali ty of Deleted: eight

Deleted: W,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 29 of 118 data elements in these final seven subparts is warranted. EPA is therefore re-proposing the confidentiality

determinations for the data elements in the final seven subparts. Because this is a re-proposal, EPA is not respondin g to previous comments submitted on the July 7, 2010 CBI proposal relative to the data elements in these sub parts. Although EPA considered those comments when develop ing this re-proposal, we encourage you to resubmit such comm ents to ensure their consideration and response by EPA in t his rulemaking. In resubmitting previous comments, ple ase make any necessary changes to clarify that you are addre ssing the re-proposal and add details as requested above. D. How does the Technical Revisions Proposal affec t this

action? On, August 4, 2011, EPA proposed technical corrections, clarifying and other amendments to sub parts W, FF, II, OO, RR, and TT of Part 98 in the Technical Corrections proposal (76 FR 47392). The proposal i ncludes minor wording clarifications and editorial correcti ons to

4 4 data elements in subpart RR, which do not change t he information to be reported to EPA. For example, several subpart RR data elements are revised to correct a r ule citation, such as from paragraph (a)(5) to (a)(4). In this Deleted: eight

Deleted: eight

Deleted: 6 Deleted: s W and Deleted: in a subpart W data element the term “equipment type” is replaced with the term “unique volume type” for clarification. As another example,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 30 of 118 action, our confidentiality determination re-propos al

includes the 4 4 data elements in subpart RR as proposed to be revised in the Technical Corrections proposal. Because the proposed revisions would not change the informa tion to

be collected under th is subpart, we believe that it is appropriate to propose confidentiality determinatio ns for

these 4 4 data elements as proposed in the Technical Correction proposal. The Technical Corrections proposal similarly includ es revisions to seventeen data elements in subparts FF , II, OO, and TT that are minor wording clarifications an d

editorial corrections. As mentioned in Section II. B of this preamble, on May 28, 2011, EPA issued final confidentiality determinations for all non-input da ta elements in 35 subparts in part 98, including these 17 data elements in subparts FF, II, OO, and TT. The propo sed

revisions to the 17 data elements in these four sub parts do not change the information to be reported to EPA un der these requirements and therefore do not affect the May 26 , 2011, final confidentiality determinations for thes e 17 data elements. We are not addressing these revisio ns in

this action.

In addition to the technical corrections described above, the Technical Corrections proposal includes adding Deleted: 6 Deleted: s W and

Deleted: ese two Deleted: s

Deleted: 6

Deleted: 28*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 31 of 118 six new non-input data elements to subparts II and TT. Because these new data elements were proposed after EPA’s issuance of the final confidentiality determination s for data elements in subparts II and TT and therefore n ot covered by that action, we are proposing confidenti ality

determinations for these six 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 seven subparts in

this action. The Technical Corrections proposal also revises 21 existing inputs to equations in subparts FF, II, an d TT. The proposed revisions do not change the informatio n to be reported to EPA under these requirements. For 18 o f the 21 inputs, the proposed revisions do not affect the Au gust 25, 2011, final deferral. For the other three inputs, however, the proposed revisions do re-numerate section refer ences to three subpart TT equation inputs. These equation i nputs were added in the August 25, 2011, final deferral t o Table A-6 to subpart A of part 98, which lists by section the inputs to equations to be reported by March 31, 201 3. We are therefore proposing in this action to amend Tab le A-6 to re-numerate three subpart TT equation inputs as proposed in the Technical Correction proposal. Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 32 of 118 Lastly, in the Technical Corrections proposal, two new equation inputs are proposed to be added to subpart FF and one new equation input is proposed to be added to s ubpart TT. In this action, EPA is proposing to defer the reporting deadline for these three proposed equatio n inputs to March 31, 2013. As with other equation inputs, E PA is in the process of evaluating the sensitivity of these three proposed equation inputs, and we believe that we ca n complete our evaluation before March 31, 2013, the current reporting deadline for the equation inputs listed i n Table A-6 of Subpart A. EPA is therefore proposing to ad d these proposed inputs to Table A-6 to require their repor ting by March 31, 2013. In the Technical Corrections propo sal, we propose to add the two new subpart FF inputs to equ ations to the reporting requirements at 40 CFR part 98.326 (o). This regulatory paragraph is already included in Ta ble 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 acco unt for the new subpart FF inputs to equations. However, t he new subpart TT equation input is not yet included in Ta ble A-6. We are therefore proposing in this action to amend Table A6 to add it and require its reporting by March 31, 2013. When finalized, the changes to the data elements ma y not be exactly the same as those proposed in the Te chnical*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 33 of 118 Corrections proposal; however, we expect that any s uch changes would be minor. Therefore, we expect that the same data categories and confidentiality determinations as proposed in this action would still logically apply

. Similarly, minor changes to the proposed inputs to equations would not change the information to be co llected and our proposed reporting deadline would still app ly. If the final amendments differ significantly from thos e included in the Technical Corrections proposal, EPA will address those changes accordingly. III. Re-Proposal of CBI Determinations for Seven Subparts

A. Overview We propose to apply categorical confidentiality

determinations made in the Final CBI Rule to the da ta

elements in these seven subparts that are assigned to those categories. In this section, we are requesting com ment on two aspects of this proposal. First, we seek comme nt on the proposed data category assignment for each of t hese data elements. Second, for those data elements ass igned to the five data categories without categorical CBI determinations, we seek comment on the individual confidentiality determinations we are proposing for these

data elements. Deleted: ¶ E. How does the Subpart W BAMM Proposal affect this action? ¶ As mentioned in Section I.A of this preamble, on June 27, 2011, EPA issued the subpart W BAMM proposal (76 FR 37300). In that action, EPA proposed to re-organize multiple sections of repetitive BAMM extension request requirements into one section for simplicity and to reword two of the remaining BAMM extension request requirements for clarity. Specifically, EPA proposed to condense the number of BAMM extension request data elements in subpart W from 30 to six. In addition, EPA proposed to add a new reporting requirement for facilities that choose to request BAMM extensions beyond December 31, 2011, for unique or unusual circumstances. This new reporting requirement is a notification of intent to submit a BAMM extension request.¶In this action, instead of reproposing confidentiality determinations for the 30 BAMM extension request data elements currently in subpart W, we are proposing confidentiality determinations for the seven data elements in the subpart W BAMM proposal described in the preceding paragraph (six that were condensed from the current 30 data elements and one new data element). We followed the same approach to category selection and confidentiality determinations as was finalized in the Final CBI Rule and as is followed in the rest of this action.¶ When finalized, the changes to the data elements may not be exactly the same as those proposed in the Subpart W BAMM proposal; however, we expect that any such changes would be minor. Therefore, we expect that the same data categories and confidentiality determinations as proposed in this action would still logically apply. If the final amendments differ from those included in the Subpart W BAMM proposal, EPA will address those changes in the final confidentiality proposal action accordingly

. Deleted: Eight Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 34 of 118 In the Final CBI Rule, EPA created 22 data categori es and assigned data elements in 35 subparts to approp riate data categories. In this re-proposal, EPA similarl y proposes to assign each data element in the final s ubparts I, L, DD, QQ, RR, SS, and UU to one of 21 data cate gories 3 based on the type and characteristics of the data e lement. For example, data elements that refer to the amount and composition of raw material (excluding fuel) consum ed as inputs to the production process have been assigned to the “Raw Materials Consumed That Are Not Inputs to Emis sion Equations” data category. For a list of the propos ed 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 th e Final CBI Rule are sufficient in scope to cover the data elements

in these seven 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, 20 10 CBI proposal.

3 As previously mentioned, this proposal does not ad dress data elements in the “Inputs to Emission Equations” data category . For data elements in these seven subparts that are assigned to the “Inputs to Emiss ion Equations” category, please see the Memorandum enti tled “[Docket EPAHQ-OAR-2011-0028 Memo B].” Deleted: W,

Deleted: eight

Deleted: ei ght*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 35 of 118 As mentioned earlier in this preamble and shown in Tables 2 and 3 of this preamble, in the Final CBI R ule, EPA made categorical confidentiality determinations (i. e., one determination that applies to all data elements in that category) for 16 data categories (eight direct emit ter data categories and eight supplier data categories). Fo r the remaining five data categories (two direct emitter data categories and three supplier data categories), EPA determined that they are not “emission data” for pu rposes of determining GHG emission to be reported under Pa rt 98 data elements but did not make categorical determin ations regarding their CBI status. The final categorical determinations described above would apply to the d ata

elements in the seven subparts that EPA assigns to these categories through this rulemaking. We are solicit ing comments on the proposed category assignments for t he data

elements in these seven subparts. If you believe that EPA has improperly assigned certain data elements in th ese

seven subparts to the data categories, please provide specific comments identifying which data elements m ay be mis-assigned along with a detailed rationale for wh y they are not correctly assigned and in which data catego ry they belong. In addition, if you believe that a data el ement should be assigned to one of the five categories th at do Deleted: eight

Deleted: eight

Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 36 of 118 not have a categorical confidentiality determinatio n, please also provide specific comment along with det ailed rationale and supporting information on whether suc h data element does or does not qualify as CBI. As mentioned above, for five data categories (two direct emitter data categories and three supplier d ata categories), we determined in the Final CBI Rule th at the data elements assigned to these data categories are not emission data for purposes of determining the GHG e missions to be reported under Part 98. However, for the rea sons stated in the preambles to the proposed and the Fin al CBI Rule, we made final CBI determinations for individu al data elements assigned to those categories. In making t hese 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 posi tion. See 40 CFR 2.208(e)(1). Consistent with that appro ach, we now propose to determine for individual data elemen ts in these five data categories whether they qualify as CBI. For EPA’s proposed CBI determinations for these dat a elements, please see Section III.B of this preamble for data elements in the two direct emitter data catego ries and Section III.C of this preamble for data elements in the*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 37 of 118 three supplier data categories. EPA seeks comment on the proposed CBI determinations for the data elements i n these five categories. When submitting a comment disagre eing with a proposed determination, please provide detai led supporting information on why the individual data e lement does or does not qualify as CBI. Tables 2 and 3 of this preamble summarize the actio ns taken in the Final CBI Rule for 21 of the 22 data categories created in that notice (excluding the “I nputs to Emission Equations” data category). Table 2. Summary of Final Confidentiality Determin ations for Direct Emitter Data Categories

Data Category Confidentiality Determination for Data Elements in Each Category

Emission Data a Data That

Are Not Emission Data and Not CBI Data That

Are Not Emission Data But Are CBI b 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 X c

Unit/Process X c X c*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 38 of 118

Data Category Confidentiality Determination for Data Elements in Each Category

Emission Data a Data That

Are Not Emission Data and Not CBI Data That

Are Not Emission Data But Are CBI b Operating Characteristics that are Not Inputs to Emission Equations 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” i s defined at 40 CFR 2.301(a)(2)(i). b Section 114(c) of the CAA affords confidential tre atment 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 Determin ations for Supplier Data Categories

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b GHGs Reported X c X c Production/ Throughput Quantities and Composition X c X c

Identification X*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 39 of 118

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b Information Unit/Process Operating Characteristics X c X c

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” i s defined at 40 CFR 2.301(a)(2)(i). b Section 114(c) of the CAA affords confidential tre atment 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.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 40 of 118

B. Direct Emitter Data Categories For direct emitter subparts I, L, DD, RR 4 , and SS, EPA proposes to assign each data element to one of 10 d irect 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 pr oposed category assignment. In the Final CBI Rule, EPA ma de categorical confidentiality determinations for eigh t direct emitter data categories. EPA proposes to apply tho se final determinations to the data elements assigned to tho se categories in this rulemaking. For the data elemen ts in the two direct emitter data categories that do not have categorical confidentiality determinations, we are proposing on an individual data element basis wheth er or not they qualify as CBI. 5 The following two direct emitter data categories do not have category-based CBI determinations: “Unit/P rocess ‘Static’ Characteristics That are Not Inputs to Emi ssion Equations” and “Unit/Process Operating Characterist ics That

4 Subpart RR is neither a direct emitter nor a suppl ier source category. For the purposes of this action, EPA placed each su bpart RR data element into one of the two categories based on its type and characteristics. 5 As mentioned above, EPA determined that data eleme nts in these two categories are not “emission data” under CAA sectio n 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 a pply to data elements in these seven subparts assigned to those categories through this rulemaking. Deleted: , W

Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 41 of 118 are Not Inputs to Emission Equations.” For these t wo categories, EPA evaluated the individual data eleme nts assigned to these categories to determine whether individual data elements qualify as CBI. In the se ctions below, EPA explains the data elements in these two categories by subpart and states the reasons for pr oposing to determine that each does or does not qualify as CBI under CAA section 114(c). EPA is specifically soli citing 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 repor t submission are identified in bulleted lists. Any d ata elements that are part of subpart-specific BAMM use extension requests are discussed but not individual ly listed because they are repetitive (for example, th ere are several data elements that slightly differ by only a date or equipment type), lengthy, and numerous. These d ata elements are listed individually by data category a nd proposed confidentiality determination in the Memor andum 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 mul tiple approaches to making a CBI determination and one da ta element for which we considered multiple approaches to*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 42 of 118 making a data category assignment. We specifically request comment on the proposed approaches for these five s ubpart

RR data elements. 1. Subpart I – Electronics Manufacturing. The electronics manufacturing industry uses multipl e long-lived fluorinated greenhouse gases (fluorinate d GHGs), as well as nitrous oxide (N 2 O) during manufacturing of electronic devices, including, but not limited to, liquid crystal displays, microelectro-mechanical systems, photovoltaic cells, and semiconductors. Fluorinate d GHGs are used mainly for plasma etching of silicon mater ials, cleaning deposition tool chambers, and wafer cleani ng, but may be used in other types of electronics manufactu ring processes. Besides dielectric film etching and cha mber cleaning, much smaller quantities of fluorinated GH Gs are used to etch polysilicon films and refractory metal films like tungsten. Additionally, some electronics manufacturing equipment may employ fluorinated GHG liquids as heat transfer fluids. Nitrous oxide may be the oxidizer of choice during deposition of silicon oxide films in manufacturing electronic devices. These electronic manufacturing steps are performed in carefully controlled process chambers containing th e silicon wafers and the fluorinated GHGs or N 2 O. Producing a*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 43 of 118 finished wafer with multiple electronic devices (e. g., computer chips) may require depositing and etching 50 or more individual layers of material. The conditions under which the individual steps are performed, the abili ty of a facility to produce certain electronic features, an d the ability of a facility to produce a certain number o f

devices with a minimum number of defects at a certa in cost per unit, among other variables, will determine the competitive standing of a particular facility in th is industry. The Unit/Process “Static” Characteristics That are Not Inputs to Emission Equations data category. EPA is proposing to assign 13 subpart I data elemen ts to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they

are basic characteristics of abatement devices and tools that do not vary with time or with the operations o f the process (and are not inputs to emission equations). These

13 data elements are:



### • For all F-GHG or N 2 O used at your facility for which you have not calculated emissions using Equations I -6 through I-10: Report a brief description of GHG us e. (Proposed as CBI)



### • Inventory of all abatement systems through which fluorinated GHGs or N 2 O flow at your facility. (Proposed as CBI)*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 44 of 118



### • Description of all abatement systems through which fluorinated GHGs or N 2 O flow at your facility.



### • Number of abatement devices of each manufacturer through which fluorinated GHGs or N 2 O flow at your facility. (Proposed as CBI)



### • Model numbers of abatement devices through which fluorinated GHGs or N 2 O flow at your facility.



### • Destruction or removal efficiencies, if any, claime d by manufacturers of abatement devices through which fluorinated GHGs or N 2 O flow at your facility.



### • Description of the tools associated with each abatement systems. (Proposed as CBI)



### • Model numbers of the tools associated with each abatement systems. (Proposed as CBI)



### • The tool recipe(s), process sub-type, or type associated with each abatement system. (Proposed a s CBI)



### • Certification that the abatement systems for which controlled emissions are being reported are specifically designed for fluorinated GHG and N 2 O abatement, including abatement system supplier documentation.



### • A description of the abatement system class for whi ch you are reporting controlled emissions.



### • The manufacturer of the abatement system in the cla ss for which you are reporting controlled emissions.



### • The model number of the abatement system in the cla ss for which you are reporting controlled emissions. As discussed in more detail below, EPA is proposing that six data elements in the “Unit/Process 'Static ' Characteristics That are Not Inputs to Emission Equ ations” data category are to be protected as CBI. (All of these are part of the annual GHG report and are indicated in the parentheses in the bulleted lists above.) EPA is p roposing*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 45 of 118 to determine that the other data elements in this d ata category do not qualify for protection as CBI. EPA proposes to determine that the report of a brie f description of GHG use (40 CFR 98.96(g)) qualifies as CBI because disclosure of this information would likely cause substantial competitive harm to reporters. Subpart I lists five manufacturing processes in 40 CFR 98.96(a) tha t are common to the electronics manufacturing industry. If a reporter employs an uncommon process during manufac turing, then the reporter must instead report a description of the uncommon process (see 40 CFR 98.96(g)). As such, t his data element may cover novel, proprietary production met hods that may have been developed by the reporter, gener ally at great expense and time investment. Reporters devel op and use such methods because they improve manufacturing efficiencies, reduce manufacturing costs, or improv e product performance, quality, or production rate, t hereby conferring a competitive advantage. Should competi tors gain knowledge of such a proprietary method and rep licate it, they could undercut the reporter’s competitive advantage, generally at less expense than the repor ter’s original development of this method. Therefore, EP A finds that releasing the report of a brief description of GHG use would likely result in substantial competitive harm , and*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 46 of 118 EPA proposes to determine that this information wil l be protected as confidential business information. EPA also proposes to determine that the description , model numbers, and recipe(s), process sub-type, or process type of the tools associated with each abatement sy stem (40 CFR 98.98(p)) qualify for protection from disclosur e as CBI

because the release of this information would likel y cause substantial competitive harm to reporters. At a su bpart I facility, disclosure of the type of manufacturing t ools used for specific process steps would provide insig ht into how the reporter configures its facility and achiev es its specific manufacturing facility’s performance. If information on a reporter’s tool types and manufact uring steps is revealed, a competitor could use this info rmation to replicate the reporter’s manufacturing configura tion, thereby undercutting the competitive advantage that the reporter has built by achieving a higher level of manufacturing performance. Therefore, EPA finds th at releasing the description, model numbers, and recip e(s), process sub-type, or process type of the tools asso ciated with each abatement system would likely result in substantial competitive harm, and EPA proposes to d etermine that this information be protected as confidential.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 47 of 118 EPA also proposes to determine that the inventory o f abatement systems and the number of abatement syste ms by manufacturer (40 CFR 98.96(p)) qualify as CBI becau se the release of this information coupled with emission d ata would likely cause substantial competitive harm to reporters. The number of abatement systems at the facility (e.g., 20) coupled with the fraction of gas used by tools with abatement systems (e.g., 10 percent) can be us ed to reverse-engineer the number of tools at the facilit y (e.g., 20/0.1 = 200). Information on the type and number of tools at the facility coupled with production capacity co uld then enable competitors to reverse-engineer the reporter ’s approximate manufacturing cost (e.g., $/wafer produ ced) using the competitor’s own tool operating costs. Disclosure of this type of cost information has the potential to undermine competition within the indus try

because it could allow competitors to ascertain the relative strength of their market position and to identify s ources of competitive advantage (or disadvantage) in the i ndustry. This could encourage weaker competitors to leave th e industry prematurely or lead stronger competitors t o adopt anticompetitive practices (such as predatory pricin g) in an effort to force out weaker competitors. Therefore, EPA*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 48 of 118 proposes to determine that this information be prot ected as

confidential. The fraction of gas used by tools with abatement systems, required to be reported under 40 CFR 98.96 (n), was assigned to the “Inputs to Emission Equations” data category in the Final Deferral. Consistent with ex isting Part 98 regulations and EPA’s regulatory actions to date, inputs to emission equations are required to be rep orted in future years. As explained in Section II.B of this preamble, EPA is not making any confidentiality determinations for inputs to equations at this time

. However, should EPA determine in the future that in puts to equations are not entitled to confidential treatmen t, EPA finds that releasing information on the number of a batement systems would likely result in substantial competit ive harm if that information is used in combination with inp uts to emission equations. As a result, EPA proposes to d etermine that information relating to the inventory of all a batement systems and the number of abatement systems by manu facturer

will be treated as confidential. EPA proposes to determine that the remaining seven data elements in this data category are not CBI. D ata about the abatement systems (other than the count), such as model number, type of gas abated, and manufacturer claims*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 49 of 118 about destruction efficiency, do not provide insigh t to competitors about the type and number of process to ols used at the facility. Additionally, releasing a certifi cation about the design of the abatement system would not likely cause substantial competitive harm because certific ation statements do not provide any insight into the desi gn or operation efficiencies of the plant nor other infor mation, e.g., market share, ability to increase production to meet new increases in demand, or price structures the re lease of which would be likely to result in substantial comp etitive harm. Moreover, certification statements will cons ist of only the language that EPA publicly provides in the data reporting tool and will not include any facility- o r process-specific information that could be consider ed proprietary. The “Unit/process Operating Characteristics That Ar e Not Inputs to Emission Equations” data category. EPA is proposing to assign 23 subpart I data elemen ts to the “Unit/process Operating Characteristics That Are Not Inputs to Emission Equations” data category because they are characteristics of the abatement systems and ot her equipment, the facility conditions, and the product s manufactured that vary over time with changes in op erations and processes (and are not inputs to emission equat ions).*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 50 of 118 Thirteen of these data elements are part of extensi on requests for the use of BAMM and generally relate t o the reasons for a request and expected dates of complia nce. Ten are part of the annual GHG report and are liste d here:



### • Annual manufacturing capacity of a facility as determined in Equation I-5.



### • For facilities that manufacture semiconductors, the diameter of wafers manufactured at a facility.



### • Film or substrate that was etched/cleaned and the feature type that was etched. (Proposed as CBI)



### • Certification that the recipes included in a set of similar recipes are similar.



### • When you use factors for fluorinated GHG process utilization and by-product formation rates other th an the defaults provided in Tables I-3, I-4, I-5, I-6, and I-7 and/or N 2 O utilization factors other than the defaults provided in Table I-8, certification that the measurements for all reported recipe-specific utilization and by-product formation rates and/or facility-specific N2O utilization factors were made in accordance with the International SEMATECH #0612482 5A– ENG (incorporated by reference, see 40 CFR 98.7), o r the International SEMATECH #01104197A– XFR (incorporated by reference, see 40 CFR 98.7) if measurements were made prior to January 1, 2007.



### • Destruction and removal efficiency measurement reco rds for abatement system through which fluorinated GHGs or N 2 O flow at your facility over its in-use life.



### • Certification that the abatement system is installe d, maintained, and operated according to manufacturer specifications.



### • The fluorinated GHG and N 2 O in the effluent stream to the abatement system in the class for which you are reporting controlled emissions.



### • The total number of abatement systems in that abatement system class for the reporting year. (Proposed as CBI)*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 51 of 118



### • The total number of abatement systems for which destruction or removal efficiency was measured in t hat abatement system class for the reporting year. (Proposed as CBI) As discussed in more detail below, EPA is proposing that seven data elements in the “Unit/process Opera ting Characteristics That Are Not Inputs to Emission Equ ations” data category are CBI. (Three of these are part of the annual GHG report and are indicated in the parenthe ses in the bulleted lists above and four are part of BAMM use extension requests.) EPA is proposing to determine that the remaining three data elements in this data cate gory are

not CBI. EPA proposes to determine that three of the 10 annu al GHG report data elements in this category are CBI. Specifically, EPA proposes to determine that the “f ilm or substrate that was etched/cleaned and the feature t ype that was etched” data element (40 CFR 98.96(f)(2)) is CB I

because the release of this information would likel y cause substantial harm to the competitive position of rep orters. Plasma etching, wafer cleaning, and chamber cleanin g are three manufacturing processes used in the electroni cs manufacturing industry. The data element required by 40 CFR 98.96(f)(2) is equivalent to a description of t he specific processes (e.g., type of film or chamber c leaning*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 52 of 118 processes, feature type etched) employed by the rep orter in the manufacturing of products. Each subpart I faci lity carefully guards this information because it provid es insight into the reporter’s process flow and proces s efficiencies that minimize product defects. If thi s information on the etching and cleaning processes w ere to be revealed, a competitor could undercut the compet itive advantage that the reporter has gained by developin g these efficiencies. Therefore, EPA finds that releasing the “film or substrate that was etched/cleaned and the feature type that was etched” data element would likely res ult in substantial competitive harm, and EPA proposes to d etermine

that this information will be treated as confidenti al

business information. EPA also proposes to determine that the total numbe r of abatement systems in an abatement system class ( (40 CFR 98.96(q)(5)(i)) is CBI because the release of this information coupled with emission data would likely cause substantial competitive harm to reporters. EPA fin ds that information relating to the number of abatement sys tems at the facility (e.g., 20) coupled with the fraction o f gas used by tools with abatement systems (e.g., 10 perc ent) can be used to reverse-engineer the number of tools at the facility (e.g., 20/0.1 = 200). Information on the type and*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 53 of 118 number of tools at the facility coupled with produc tion capacity could then enable competitors to reverse-e ngineer the reporter’s approximate manufacturing cost ($/wa fer produced) using the competitor’s own tool operating costs. Disclosure of this type of cost information has the potential to undermine competition within the indus try

because it could allow competitors to ascertain the relative strength of their market position and to identify s ources of competitive advantage (or disadvantage) among competitors. This could encourage weaker competito rs to leave the industry prematurely or lead stronger com petitors to adopt anticompetitive practices (such as predato ry pricing) in an effort to force out weaker competito rs. Therefore, EPA proposes to determine that this info rmation be protected as confidential. The data element related to the fraction of gas use d by tools with abatement systems (e.g., 10 percent) is required to be reported under the GHG Reporting Pro gram at 40 CFR 98.96(n), and it was assigned to the “Inputs to Emission Equations” data category in the Final Defe rral. Consistent with existing Part 98 regulations and EP A’s regulatory actions to date, inputs to emission equa tions are required to be reported in future years. As ex plained in Section II.B of this preamble, EPA is not making any*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 54 of 118 confidentiality determinations for inputs to equati ons at this time. However, should EPA determine in the fu ture that inputs to equations are not entitled to confid ential treatment, EPA finds that releasing information on the number of abatement systems would likely result in substantial competitive harm if that information is used in combination with inputs to emission equations. As a result, EPA is proposing to determine that informat ion relating to the inventory of all abatement systems and the number of abatement systems by manufacturer will be treated

as confidential business information. The “total number of abatement systems for which destruction or removed efficiency was measured in t hat abatement system class for the reporting year” data element refers to the statistical sample size of abatement systems that the reporter analyzed in order to determine wi th sufficient statistical confidence the efficiency of all like abatement systems in that class. Subpart I sp ecifies that 20 percent of the total number of abatement sy stems must be analyzed every year. Therefore, a competit or could use statistical sample size data to determine the t otal number of abatement systems at the facility. Since EPA proposes that the total number of abatement systems is CBI, as described above, EPA finds that the statistical sample*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 55 of 118 size of abatement systems would likely cause substa ntial competitive harm if revealed and is, therefore, pro posed to

be treated as CBI. EPA proposes to determine that the other seven data elements in the “Unit/process Operating Characteris tics That Are Not Inputs to Emission Equations” data cat egory that are part of the annual GHG report are not CBI. EPA

finds that disclosure of the wafer size and the ann ual manufacturing capacity of a facility by EPA would n ot likely cause substantial competitive harm to report ers. This information is already publicly available thro ugh the

World Fab Forecast 6 , a subscription-based report containing in-depth analysis down to the detail of each fab [o r facility] in the semiconductor industry. The Forec ast is published and updated quarterly by SEMI, the global industry association serving the manufacturing supp ly chains for the microelectronic, display and photovo ltaic industries. EPA notes, however, that the Final CBI Rule that applies to the data elements in other subparts did not

finalize a CBI determination for data elements on production capacity assigned to the “Unit/process S tatic Characteristics That Are Not Inputs to Emission Equ ations” data category. For that final rule, EPA reviewed t he

6 http://www.semi.org/en/Store/MarketInformation/fab database/ctr_027238*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 56 of 118 available capacity information and determined that while those capacity data elements are generally publicly available, there may be facilities for which this d ata is not public. EPA is now proposing that the “annual manufacturing capacity of a subpart L facility” dat a element not be treated as confidential because it i s already publicly available, but EPA seeks comment o n whether similar conditions apply in this case.

The data element related to the measurement records of destruction and removal efficiency consists of reco rds of measurements that the reporter has taken of the aba tement system efficiency over its in-use life in order to assess the validity of the efficiency claims made by the a batement

device manufacturer at the time of sale. This is l imited to information about the performance of the abateme nt systems and does not include information about the operating conditions around the abatement system or the manufacturing tool to which it is attached. Destru ction efficiency information would not likely cause subst antial competitive harm if released because it does not pr ovide any insight into novel, proprietary production meth ods that may have been developed by the reporter. Therefore , EPA proposes that this destruction efficiency informati on does*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 57 of 118 not qualify for protection as CBI. It will be cons idered

to be non-CBI.

The “fluorinated GHG and N 2 O in the effluent stream to the abatement system in the class for which you are reporting controlled emissions” data element descri bes the type of gas(es) exiting the manufacturing tool and entering

the abatement device. This data element does not i nclude information on the quantity of gas(es) produced or on the manufacturing tool that produces the gas(es). The type of fluorinated gas in the effluent stream would not li kely cause substantial competitive harm if released beca use it does not provide any insight into the costs of prod ucing semiconductors at the facility or any novel product ion methods that may have been developed by the reporte r to improve manufacturing efficiencies, reduce manufact uring costs, or improve product performance. Therefore, EPA proposes that this effluent stream data element doe s not qualify for protection as CBI. Therefore, EPA prop oses to

determine that this data element is non-CBI. Finally, EPA finds that releasing the three certification data elements would not likely cause competitive harm because certification statements a nd documents are general in nature, do not provide any insight into the design or operation efficiencies of the pl ant, and*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 58 of 118 do not reveal other information (e.g., market share , ability to increase production to meet new increase s in demand, price structures) that would likely result in substantial competitive harm. Moreover, EPA certif ication statements consist only of the language that EPA pu blicly provides in the data reporting tool and do not incl ude any facility- or process-specific information that coul d be considered proprietary. Therefore, EPA proposes to determine that these three data elements do not qua lify for protection as CBI, and finds them to be non-CBI. EPA proposes to determine that four of the 13 data elements included in BAMM use extension requests qu alify for protection as CBI because their disclosure woul d likely cause substantial harm to the reporters’ competitiv e positions. (Each data element and its proposed cat egory assignment are listed by data category in the Memor andum entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.”) Th ree of these data elements reveal the reason for requestin g a BAMM extension and the overall reason why equipment was not (or could not be) installed. EPA has reviewed a number of BAMM use extension requests and determined that these th ree data elements contain detailed information, such as proc ess diagrams and operational information, which could p rovide insight into configuration efficiencies that the re porter*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 59 of 118 has developed, generally at great expense and time investment, to minimize manufacturing cost and to m aximize the manufacturing rate. If a competitor could revi ew such information on the reporter’s configuration, the co mpetitor would be able to adopt the reporter’s efficiency pr actices with less development time or expense and would gai n competitive advantage at the expense of the reporte r’s competitive advantage. Therefore, EPA finds that r eleasing the reasons for requesting a BAMM use extension wou ld likely result in substantial competitive harm, and EPA proposes to determine that this information will be treated

as CBI. We also propose to find that a fourth data element (40 CFR 98.94(a)(4)(ii)(D)) qualifies as CBI. This dat a element divulges when an owner or operator will be able to attain data, equipment, or measurements to comply w ith reporting requirements. This data element could re veal information about the installation date of equipmen t and the date of anticipated startup. This could provid e sensitive information regarding future process shut downs or capacity increases, and likely would cause substant ial competitive harm if disclosed because competitors c ould use this information to anticipate and potentially bene fit from future increases or decreases in product supply. F or*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 60 of 118 example, a competitor able to anticipate the shutdo wn or the increase in capacity of a reporter’s facility a nd resulting decrease or increase in product supply co uld use this information to attract customers from a report er by increasing its own production or by adjusting the p rice of its own products. EPA proposes to determine that the remaining nine d ata elements included in BAMM use extension requests do not qualify as CBI. These are narrow data elements tha t 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, two of these data elements are descriptions of how the facility will prepare to me et requirements at the end of the BAMM period. These data elements do not contain detailed information, such as process diagrams and operational information or any other information that would give insight for competitors to gain an advantage over the reporter. Rather, they are information on administrative activities and regula tory requirements to which the facility is subject that are not protected as proprietary by the reporting facilitie s. Therefore, EPA finds that these are not data elemen ts the disclosure of which would likely cause substant ial*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 61 of 118 competitive harm and do not qualify for protection as CBI. EPA proposes to determine that these data elements 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 2. 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 eleme nt 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 no t vary with time or with the operations of the process (an d is not an input to an emission equation). The data elemen t is:



### • Location and function of the stream(s) (including process streams, emissions streams, and destroyed streams) that were analyzed under the initial scopi ng speciation of fluorinated GHG at 40 CFR 98.124(a), by process. (proposed as CBI)*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 62 of 118 EPA proposes to determine that disclosure of this d ata element would likely result in substantial competit ive harm if released and therefore will be protected as conf idential

business information. EPA finds that this data ele ment could provide insight into the manufacturing proces s and the configuration of the facility, such as which pr ocess equipment is sending streams to which process equip ment. This could reveal information about configuration efficiencies that the reporter has developed, gener ally at great expense and time investment, to minimize manufacturing cost and to maximize the manufacturin g rate. If a competitor could review such information on configuration, the competitor would be able to adop t the reporter’s efficiency practices with less developme nt time and expense and would gain competitive advantage at the expense of the reporter’s competitive advantage. Therefore, EPA finds that releasing the data elemen t 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 qu alifies for protection as confidential business information

. The “Unit/process Operating Characteristics That Ar e Not Inputs to Emission Equations” data category.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 63 of 118 EPA is proposing to assign 23 subpart L data elemen ts 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 va ry 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 expecte d dates 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 Opera ting Characteristics That Are Not Inputs to Emission Equ ations” 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 No t Inputs to Emission Equations” data category are not CBI. EPA proposes to determine that the annual GHG repor t data element in this category is not CBI. The Fede ral and State regulations that may apply to a fluorinated G HG*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 64 of 118 destruction process or device are already part of t he public record as part of the facility’s Title V ope rating permit or minor source air emissions permit. Furth ermore, 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 similar ly 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 d oes not qualify for protection as confidential business inf ormation

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 qu alify as CBI because their disclosure would likely cause sub stantial harm to the reporter’s competitive positions (each data element and its proposed category assignment are li sted by data category in the Memorandum entitled “Docket EP A-HQOAR-2011-0028, Memo A.”) Three of these data eleme nts reveal the reason for requesting a BAMM extension a nd the reason why equipment was not (or could not be) inst alled. EPA has reviewed a number of BAMM use extension req uests

and determined that these three data elements conta in detailed information, such as process diagrams and operational information. Process diagrams and oper ational*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 65 of 118 information could provide insight into configuratio n efficiencies that the reporter has developed, gener ally at great expense and time investment, to minimize manufacturing cost and to maximize the manufacturin g rate. If a competitor could review such information on th e reporter’s configuration, the competitor would be a ble to adopt the reporter’s efficiency practices with less development time or expense and would gain competit ive advantage at the expense of the reporter’s competit ive advantage. Therefore, EPA finds that releasing the reasons for requesting a BAMM use extension would likely re sult in substantial competitive harm, and EPA proposes to d etermine

that this information will be treated as confidenti al

business information. We also propose to find that four other data elemen ts that divulge when an owner or operator will be able to attain data, equipment, or measurements to comply w ith reporting requirements are eligible for confidentia l

treatment. These data elements would reveal inform ation about the installation date of equipment and the da te of anticipated startup. This could provide sensitive information regarding future process shutdowns, and likely would cause substantial competitive harm if disclos ed because competitors could use this information to*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 66 of 118 anticipate and potentially benefit from future decr eases in product supply. For example, a competitor able to anticipate the shutdown of a reporter’s facility an d resulting decrease in product supply, could use thi s information to attract customers away from a report er by increasing its own production or could adjust the p rice of its own products. EPA proposes to determine that the remaining 15 dat a elements included in BAMM use extension requests do not qualify as CBI. These are narrow data elements tha t 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 a re descriptions of how the facility will prepare to me et requirements by the end of the BAMM period. These data elements do not contain detailed information, such as process diagrams and operational information. Rath er, they

are information on administrative activities and re gulatory requirements to which the facility is subject that are not protected as proprietary by the reporting facilitie s. Therefore, EPA proposes to determine that these are not data elements the disclosure of which would likely cause*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 67 of 118 substantial competitive harm and will not be protec ted as CBI. They will be considered non-CBI. Finally, three of these data elements are illustrat ive documentation such as photographs and engineering d iagrams that demonstrate how access to process streams, emi ssions streams, or destroyed streams could not be gained w ithout process shutdown. Based on the type of documentati on that EPA has received, EPA finds that these illustrative diagrams and photographs sent by reporters generall y do not provide insight into the reporter’s production proc esses or operational efficiencies because they only show inf ormation that is relevant to the access point in question an d processes immediately upstream and downstream of th at access point. Therefore, EPA proposes to determine that disclosure of these data elements is not likely to cause substantial competitive harm; therefore, they do no t qualify for protection as CBI and will be considere d 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 68 of 118 is not appropriate and why such data element(s) do or do not qualify as CBI.

3 . Subpart DD - Electrical Transmission and Distrib ution Equipment Use. Subpart DD covers facilities that move electricity rather than produce or process a product. EPA is p roposing to assign three subpart DD data elements to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they a re basic characteristics of equipment and facility-specific lines that do not vary with time or with the operations o f the process (and are not inputs to emission equations). These

three data elements are:



### • Nameplate capacity of equipment containing sulfur hexafluoride (SF 6 ) or perfluorocarbon (PFC) existing as of the beginning of the year (excluding hermeticall y sealed-pressure switchgear).



### • Transmission miles (length of lines carrying voltag e at or above 34.5 kilovolt).



### • Distribution miles (length of lines carrying voltag es at or below 35 kilovolt). EPA is proposing that all data elements in this dat a category are non-CBI. Nameplate capacity is the en gineered

volume of SF 6 or PFC contained in transmission and distribution equipment. Total nameplate capacity c an vary significantly from facility to facility depending o n the Deleted: 3. Subpart W - Petroleum and Natural Gas Systems. ¶ Subpart W applies to facilities in eight segments of the petroleum and natural gas industry that emit GHGs greater than or equal to 25,000 metric tons of CO 2 equivalent per year. These eight segments are: ¶ <#>Offshore petroleum and natural gas production (from offshore platform facilities). ¶ <#>Onshore petroleum and natural gas production (including equipment on or associated with a well pad for drilling, extraction, separation, treating and other processes). ¶ <#>Onshore natural gas processing (separating and recovering natural gas liquids, non-methane gases, and other liquids). ¶ <#>Onshore natural gas transmission compression (use of compressors to move natural gas in transmission pipelines from production or processing to distribution or storage). ¶ <#>Underground natural gas storage (subsurface storage of natural gas). ¶ <#>Liquefied natural gas (LNG) storage (liquefying natural gas to LNG and above ground storage of LNG). ¶ <#>LNG import and export facilities (onshore and offshore equipment importing or exporting LNG via ocean transport, including liquefaction of natural gas to LNG, storage of LNG, and re-gasification of LNG to natural gas).¶ <#>Natural gas distribution (distribution pipelines and city gate stations operated by a local natural gas distribution company (LDC)). ¶ ¶ Subpart W provides methods for calculating GHG emissions from 21 source types, such as pneumatic device venting, equipment leaks, transmission storage tanks, and centrifugal compressor venting. The methods can be categorized broadly into three types; engineering estimation, use of emission factors, and direct measurement. Engineering estimation means the use of engineering data, such as volume of the equipment, to estimate emissions. Emission factors are used where either leak detection is conducted to determine leaking component (a leaker factor is used) or when a population count of components is available (a population factor is used). ... [2] Deleted: 4*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 69 of 118 total number of pieces of equipment used, the age a nd manufacture of equipment, the location of the equip ment (e.g., urban vs. rural), climatic conditions, numbe r of

transmission or distribution miles within the facil ity, etc. Information about nameplate capacity does not provide insight into the performance (ability to transmit o r distribute electricity) or the operational efficien cy for this type of facility that would likely cause subst antial competitive harm if disclosed. Therefore, the disc losure of the nameplate capacity data element is not likel y to cause substantial competitive harm, and EPA is prop osing it

as non-CBI. Moreover, data on transmission and distribution mil es is also publicly available in the Platts UDI Direct ory of

Electric Power Producers and Distributers 10 , which can be purchased by any interested party. Disclosure of t hese data by EPA does not provide any additional insight into facility-specific operating conditions or process d esign or to any other proprietary or sensitive information t hat would give insight for competitors to gain an advan tage over the reporter. Because this information is pub licly available, EPA proposes to determine that these dat a

10 http://www.platts.com/Products/electricpowerproduc erdirectory*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 70 of 118 elements are not confidential; they will be conside red nonCBI. EPA is soliciting comments on EPA’s proposed determinations described above. When submitting a comment disagreeing with a proposed determination, please i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI.

4 . Subpart RR - Geologic Sequestration of Carbon Di oxide. 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 characteristic s. EPA assigned subpart RR data elements that pertain to s urface leakage to one of the direct emitter data categorie s and the remaining subpart RR data elements to one of th e supplier data categories. For the following five subpart RR data elements in the

direct emitter “Test & Calibration Methods” data ca tegory, 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 Deleted: 5*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 71 of 118 monitoring area and the active monitoring areas; identification of potential surface leakage pathway s for CO 2 in the maximum monitoring area and the likelihood, magnitude, and timing, of surface leaka ge of CO 2 through these pathways; a strategy for detecting and quantifying any surface leakage of CO 2 ; a strategy for establishing the expected baselines for monitor ing CO 2 surface leakage; and a summary of theconsiderations 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 change s to the monitoring program that were not material changes warranting submission of a revised MRV plan (in annual monitoring reports).



### • Annual monitoring report: Narrative history of any monitoring anomalies that were detected in the previous calendar year and how they were investigat ed 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 injec ted CO 2 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 beca use they

are information about methods that are or were used to demonstrate that the injected CO 2 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 al l data*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 72 of 118 elements in the “Test & Calibration Methods” catego ry are not entitled to CBI treatment. We evaluated whethe r the

level of detail and information in these documents will vary so much from reporter to reporter based on sit especific conditions that a confidentiality determin ation

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 furt her evaluated whether some specific elements, methods, or supportive material are entitled to CBI treatment o r require case-by-case evaluation so that they should be broken out as their own data elements. Having cons idered these approaches, we nonetheless find that disclosu re by

EPA of the details in these five data elements woul d not provide insight to competitors about proprietary

information. These data elements reveal informatio n about monitoring techniques for which information is publ icly available in the scientific community about their effectiveness, such as in conference papers and pee r reviewed journal articles 11 . The “MRV plans and revised MRV plans” data element does not contain the monitoring results that are obtained after implementation of the MRV p lan, or project information the disclosure of which is like ly to

11 For example, see papers from the International Con ference on Greenhouse Gas Control Technologies*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 73 of 118 cause substantial competitive harm. For the discontinuation of reporting data element, the repo rter

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 avai lability upon EPA’s release of this information is not likel y to cause substantial harm to the reporter’s competitiv e position. Therefore, we are proposing that the fiv e data

elements listed above merit the same confidentialit y determination as the other data elements in the “Te st & 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 submit ted to EPA under subpart RR, including “MRV plans and revi sed MRV plans.” For the following subpart RR data element in the “Calculation Methodology and Methodological Tier” d ata category, EPA considered multiple approaches to mak ing a data category assignment:



### • Annual monitoring report: A description of any surf ace leakages of CO 2 , including a discussion of all methodologies and technologies involved in detectin g and quantifying the surface leakages and any*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 74 of 118 assumptions and uncertainties involved in calculati ng the amount of CO 2 emitted. EPA considered assigning this data element to the “Calculation Methodology and Methodological Tier” d ata category, and EPA considered assigning it to the “T est & Calibration Methods” category, as was done with the other annual monitoring report data elements, and either following the category-wide non-CBI determination o r making a CBI determination on a case-by-case basis once th e material is submitted and closely evaluated by EPA. Having considered these options, we ultimately determined that this data element provides the methodologies, techn ologies, and assumptions used by reporters to calculate the mass of

CO 2 emitted from surface leakage. Therefore, we are proposing to assign the data element to the “Calcul ation 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 therefor e not

entitled to confidential treatment. We seek commen t on this determination and any rationale for or against this approach.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 75 of 118 5 . Subpart SS - Electrical Equipment Manufacture or

Refurbishment. EPA is not proposing to assign any subpart SS data elements to the “Unit/process Static Characteristic s That are Not Inputs to Emission Equations” or the “Unit/ process Operating Characteristics That are Not Inputs to Em ission Equations” data category. The subpart SS data elements are listed individuall y by data category and proposed confidentiality deter mination in the Memorandum entitled “Docket EPA-HQ-OAR-2011- 0028

Memo A.” C. GHG Supplier Data Categories For supplier subparts QQ, RR, and UU 12 , EPA is assigning each data element to one of eleven suppli er data categories. For the data elements in three data categories, we are proposing whether or not each se parate

data element is entitled to confidential treatment. As mentioned above in Section III.B of this preambl e, for the eight data categories with category-based f inal determinations, EPA will apply these determinations to all the data elements assigned to those categories from the

12 Subparts RR and UU are neither exclusively direct emitter nor supplier source categories. For the purposes of th is 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. Deleted: 6*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 76 of 118

seven subparts. EPA’s rationale for the final CBI determination can be found in the preamble to the F inal CBI Rule (76 FR 30782). For a list of the proposed cat egory assignments (excluding inputs to emission equations ) for the data elements in these subparts, please see the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Me mo A.” With respect to the three supplier data categories

that have been determined not to be emission data b ut do not have category based confidentiality determinati ons (“GHGs Reported,” “Production/Throughput Quantities and Composition,” and “Unit/Process Operating Characteristics”), EPA evaluated the individual dat a elements in the seven subparts assigned to these categories to determine whether they qualify as CBI. In the s ections below, EPA lists the data elements in the three cat egories by subpart and states the reasons for proposing to determine that these data elements do or do not qua lify for protection as CBI under Freedom of Information Act (FOIA) exemption 4, CAA section 114(c), and EPA regulation s at 40 CFR 2.208 and 2.301. EPA is emphasizing that we re quest comment on these proposals. 1. Subpart QQ - Importers and Exporters of Fluorin ated Greenhouse Gases Contained in Pre-charged Equipment or

Closed-cell Foams. Deleted: eight

Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 77 of 118 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 exporte rs. The importer and exporter data elements are identical e xcept for whether they are specific to importers or expor ters, so we have combined the analogous data elements in the five bullets in the list below to reduce repetition. No te that all 10 data elements represented in this specific c ase are also in the “Production/Throughput Quantities and Composition” data category because the GHG reported is also the product being imported or exported. 13



### • Total mass of each fluorinated greenhouse gas (F-GH G) imported/exported in pre-charged equipment or close dcell foams.



### • Identity of imported/exported F-GHG used as a refrigerant or electrical insulator.



### • Identity of the imported/exported F-GHG contained i n 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 identityand mass of the fluorinated GHGs within the closedcell foam: total mass in metric tons of CO 2 e of the fluorinated GHGs imported/exported in closed-cell foams.

13 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 78 of 118 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 c ategory 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 categor y, the 10 importer data elements and 10 exporter data elem ents are identical except for whether they are specific to i mporters or exporters. Therefore, we have combined the anal ogous data elements in the 10 bullets in the list below t o reduce repetition.



### • Charge size (holding charge, if applicable) for eac h type of pre-charged equipment imported/exported.



### • Number of pre-charged equipment imported/exported.



### • Mass of the imported/exported F-GHG contained in th e 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 identityand 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 CO 2 e contained in the foam in each appliance.



### • If the importer/exporter does not know the identity and mass of the fluorinated GHGs within the closed-*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 79 of 118 cell 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 identityand mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not imported/exported inside of appliances, the mass in CO 2 e of the fluorinated GHGs in the foam.



### • If the importer/exporter does not know the identityand 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/Thr oughput Quantities and Composition” data categories be cons idered CBI. These data categories contain importer- and e xporterlevel production information (mass, volume, density , quantity, or identity of the equipment or foam or fluorinated gas within the equipment or foam), repo rted separately for pre-charged equipment, closed-cell f oam, and for appliances that contain closed-cell foam. EPA proposes to determine that these importer- and exporter-leve l 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 bu sinesses reporting these data. Releasing these data could b e detrimental to the operational and marketing strate gies of*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 80 of 118 the reporting parties, as explained in the followin g example.

The disclosure of the volume of foam or the count o f appliances or equipment exported provides insight i nto 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 g ain a competitive advantage over another firm by better approximating a firm’s market share. Competitors m ay be able to drive struggling reporters out of business by implementing short-term price-cutting tactics. In many 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 ha rm the competitive position of reporting parties. As prev iously noted, EPA is proposing that all data elements in t hese two data categories (“GHGs Reported” and “Production/Th roughput Quantities and Composition”) are to be considered C BI. EPA is soliciting comments on EPA’s proposed determinat ions described above. When submitting a comment disagre eing with a proposed determination, please identify the specific data element(s) and provide detailed supporting inf ormation*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 81 of 118 on why EPA’s proposed determination is not appropri ate and why such data element(s) do or do not qualify as CB I. EPA is proposing to assign eight data elements to t he “Unit/Process Operating Characteristics” data categ ory because they refer to the operating characteristics of the supplier, such as dates of shipment. Four data ele ments 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 bul lets 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.



### • If the importer/exporter does not know the identityand mass of the fluorinated GHGs within the closedcell foam: Dates on which the closed-cell foams wer e imported/exported.



### • If the importer/exporter does not know the identityand mass of the fluorinated GHGs within the closedcell foam: Certification that the importer/exporter was unable to obtain information on the identity an d 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 dat a category are non-CBI. As explained below, EPA find s that the release of these data will not likely cause sub stantial competitive harm.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 82 of 118 Releasing a certification about the ability to obta in information would not likely cause substantial comp etitive harm because certification statements are general i n nature, do not provide any insight into the design or operation efficiencies of the plant, and do not rev eal other competitive information (e.g., market share, ability to increase production to meet new increases in dem and, or price structures). Moreover, certification stateme nts will consist of only the language that EPA publicly prov ides in the data reporting tool and will not include any fa cilityor process-specific information that could be consi dered proprietary. Therefore, EPA proposes that certific ation

statements are not CBI. The other subpart QQ data elements in this data category are dates of import or export. Dates do n ot reveal information related to the type or quantity of product imported or exported, or to the operational strengths or weaknesses, operational capacity, or c ustomer base of the reporter. Dates of import or export wo uld not likely cause substantial competitive harm if releas ed because dates do not provide any insight into at wh at percent of capacity a firm is operating or into fin ancial performance, the release of which might allow compe titors to implement short-term price cutting tactics to ca pture*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 83 of 118 the reporter’s market share. Therefore, EPA propos es that these data elements, the date of the import or expo rt, 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination is not appropriate and why such data element(s) do or do not qualify as CBI. 2. Subpart RR - Geologic Sequestration of Carbon D ioxide. Subpart RR is neither a direct emitter nor a suppli er 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 le akage to one of the direct emitter data categories and the r emaining subpart RR data elements to one of the supplier dat a categories. EPA is proposing to assign nine data elements to th e “GHGs Reported” data category because they are the actual GHGs reported. Note that all nine of the data elem ents in this specific case are also in the “Production/Thro ughput*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 84 of 118 Quantities and Composition” data category because t he GHG reported is also the product being used as a throug hput. 14



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually.



### • If you receive CO 2 in containers, report: The net mass of CO 2 received (in metric tons) annually.



### • If you use more than one receiving flow meter, repo rt the total net mass of CO 2 received (metric tons) through all flow meters annually.



### • For each injection flow meter (mass or volumetric), report: the mass of CO 2 injected annually.



### • Total CO 2 injected during the reporting year as calculated in Equation RR-6.



### • For each separator flow meter (mass or volumetric), report: CO 2 mass produced (metric tons) annually.



### • Annual CO 2 produced in the reporting year, as calculated in Equation RR-9.



### • Annual CO 2 sequestered in the subsurface geologic formations in the reporting year, as calculated by Equation RR-11 or RR-12.



### • Cumulative mass of CO 2 reported as sequestered in the subsurface geologic formations in all years since t he 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 CO 2 produced and used as throughput at the

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

14 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 85 of 118 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 be low. Furthermore, five data elements about mass flow met ers and

five data elements about volumetric flow meters are identical except for whether they are specific to m ass or volumetric meters. Therefore, we have combined the 10 analogous data elements into five bullets in the li st below to reduce repetition. The remaining seven data ele ments that EPA proposes to assign to this data category e ach appear in the list below under an individual bullet

.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: planned annual CO 2 injection volumes during this time period.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(4): Volumetric/mass flow through a receiv ing flow meter at standard conditions in each quarter.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(4) of this section: The volumetric/mass f low through a receiving flow meter that is redelivered to another facility without being injected into your w ell in each quarter.



### • If a volumetric/mass flow meter is used to receive CO 2 , report the following unless you reported yes to 40 CFR 98.446(a)(4) of this section: CO 2 concentration in the flow in each quarter.



### • If you receive CO 2 in containers, report: The mass (in metric tons) or volume at standard conditions (in standard cubic meters) of contents in containers in each quarter.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 86 of 118



### • If you receive CO 2 in containers, report: The concentration of CO 2 of contents in containers (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If you receive CO 2 in containers, report: The mass (in metric tons) or volume (in standard cubic meters) o f contents in containers that is redelivered to anoth er facility without being injected into your well in e ach quarter.



### • For each injection flow meter (mass or volumetric), report: CO 2 concentration in flow (volume or weight percent CO 2 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: CO 2 concentration in flow (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If a volumetric/mass separator flow meter is used, volumetric/mass flow rate at standard conditions in each quarter.



### • The entrained CO 2 in produced oil or other fluid divided by the CO 2 separated through all separators in the reporting year (weight percent CO 2 expressed as a decimal fraction) used as the value for X in Equati on RR-9 and as determined according to your EPA-approv ed MRV plan. EPA proposes that all data elements in these two da ta categories (“GHGs Reported” and “Production/Through put Quantities”) are not CBI. As explained below, EPA finds that the release of these data will not likely caus e substantial competitive harm.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 87 of 118 Six of the data elements are facility-level and flo w meter-level information on the quantity of CO 2 injected. The six data elements are available from Undergroun d Injection Control (UIC) permits, which are issued f or each injection well by EPA or by States that have assume d primary enforcement authority for permitting inject ion wells. Information related to the permits is repor ted to EPA or States at least annually and made available to the public either through State websites or upon reques t from the public. Because this information is routinely publicly available, EPA finds that further disclosure of dat a

elements on CO 2 injection is not likely to cause substantial competitive harm to the reporter, and EPA proposes to

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 flo w meter-level information on the quantity of CO 2 produced. The reporters that are required to include this inf ormation in their annual reports inject CO 2 underground into oil or natural gas reservoirs through injection wells for the purpose of increasing crude oil production or enhan cing recovery of natural gas, and the CO 2 is then produced with oil and gas. State oil and gas conservation agenci es in all States where enhanced oil and gas recovery is o ccurring*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 88 of 118 collect information on quantities of oil and gas pr oduced by well to calculate royalties. This information i s reported to EPA or States at least annually and mad e available to the public either through State websit es or upon request from the public. Moreover, incrementa l oil production from CO 2 injection is published in the biannual Oil & Gas Journal Enhanced Oil Recovery survey. 15 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 re ports),

EPA finds that CO 2 production information does not provide additional insight into any aspect of operations th e release of which might undercut any competitive adv antage that the reporter may enjoy. Because this informat ion is publicly available, EPA proposes to determine that this information will not be treated as confidential; ra ther, it

will be considered to be non-CBI. Subpart RR facilities must report annual mass of CO 2 sequestered in the subsurface geologic formations i n the reporting year, as calculated by Equation RR-11 or RR-12.

These values are calculated from CO 2 injection, production, and emission data using a mass balance approach. A s discussed above in this section, CO 2 injection and CO 2

15 Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas Journal, Volume 108, Issue 14.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 89 of 118 production data are already publicly available. In addition, CO 2 emission data are emission data and must be made publicly available. As a result, the quantity of CO 2 sequestered can be calculated from data that are al ready publicly available. Because this information may b e readily derived from information already publicly available, EPA has determined that its release of t he reported mass of CO 2 sequestered would not likely cause substantial competitive harm. For these reasons, E PA proposes to determine that this information is not eligible

for confidential treatment and will be considered t o be

non-CBI. Twelve of the data elements are facility-level and flow meter-level information on the quantity of CO 2 received. None of the data elements on CO 2 received

includes information on CO 2 prices or contract terms, such

as information on the concentration of other incide ntal

substances in the CO 2 stream, the disclosure of which could allow competitors to ascertain the relative strengt h of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors.

The data elements also do not include information t hat would allow a competitor to deduce the reporter’s o perating

costs.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 90 of 118 Moreover, as an example, for a facility where the C O 2 received is wholly injected and is not mixed with a ny other supply of CO 2 , such as a geologic sequestration project at a deep saline formation, the reporter may report the quantity

of CO 2 injected as the quantity of CO 2 received. This

amount can be determined from information that is r eported at least annually as part of a facility’s UIC permi t and made available to the public either through State w ebsites or upon request from the public. For the reasons d escribed in this paragraph, EPA finds that releasing the 12 data

elements on CO 2 received would not likely result in substantial competitive harm, and EPA proposes to d etermine that this information does not qualify for confiden tial

treatment and will be considered to be non-CBI. EPA is proposing to assign nine data elements to th e “Unit/Process Operating Characteristics” data categ ory because they refer to the operating characteristics of the site, such as project duration and CO 2 source.



### • For submissions in support of a research and development (R&D) project exemption from reporting under subpart RR: The planned duration of CO 2 injection for the project.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The research purpo ses of the project.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 91 of 118



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The source and typ e of funding for the project.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The class of the underground injection control permit.



### • For submissions in support of an R&D project exempt ion from reporting under subpart RR: The duration of th e underground injection control permit.

• For submissions in support of an R&D project exempt ion 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 CO 2 received according to the following categories: CO 2 production wells, electric generating unit, ethanol plant, pulp and paper mill, natural g as processing, gasification operations, other anthropogenic source, CO 2 received from a discontinued enhanced oil and gas recovery project, and unknown.



### • For each injection flow meter, report the location of the flow meter.



### • If a well is permitted by an Underground Injection Control program, report: Underground Injection Cont rol permit class. EPA is proposing that all data elements in this dat a category are non-CBI. As explained below, EPA find s that the release of these data will not likely cause sub stantial competitive harm.

Five of these data elements include basic informati on on the legal instrument authorizing geologic seques tration. For a facility permitted by the UIC program under a uthority of the Safe Drinking Water Act, information on the class and duration of the permit is routinely publicly av ailable*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 92 of 118 in the UIC permit. For an offshore facility that i s not subject to the Safe Drinking Water Act and therefor e does not need a UIC permit, the facility would be subjec t to other statutory authority authorizing the facility to conduct geologic sequestration. Since these five d ata elements contain public information, EPA finds that their release by EPA is not likely to cause substantial competitive harm; they do not qualify for confident ial

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 fund ing, and type of funding. These data elements do not includ e the amount of funding received. They do not provide in sight into the costs of sequestering CO 2 at the facility, the disclosure of which could allow competitors to asce rtain the relative strength of their market position and to identify sources of competitive advantage (or disad vantage) 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 inf ormation on its website about the Regional Carbon Sequestrat ion*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 93 of 118 Partnership projects that it funds. 16 These projects also participate in public conferences at which they pre sent papers about their projects and findings. Since th is information is of the same nature for all projects, EPA finds that publication of such information by some projects demonstrates that disclosure of equivalent informat ion for all projects is not likely to cause substantial har m. Therefore, EPA proposes to determine that this info rmation is not eligible for confidential treatment; it will be

considered to be non-CBI.

The data element related to the source of CO 2 received identifies the type of source that supplied the fac ility

with CO 2 in the reporting year, such as an ethanol plant.

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

CO 2 to the reporter, or the amount of CO 2 provided by each supplier. This data element does not include infor mation

on CO 2 prices or contract terms, the disclosure of which could allow competitors to ascertain the relative s trength of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors. Since revealing this data element does not provide

16 http://www.netl.doe.gov/technologies/carbon_seq/par tnerships/RCSP_Proje ctDescriptions.html*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 94 of 118 competitors with an advantage, EPA proposes to dete rmine 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination 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 conduct ing only

CO 2 injection into a new subpart (subpart UU). Subpar t RR retains all definitions, requirements, and procedur es related to facilities conducting geologic sequestra tion. The explanation and a summary of major changes sinc e 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 suppli er source category, so for the purposes of this action EPA assigned the subpart UU data elements to one of the*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 95 of 118 supplier data categories because they are most simi lar in type and characteristics to supplier data. EPA is proposing to assign three data elements to t he “GHGs Reported” data category because they are the actual GHGs reported. Note that all three of the data ele ments in this specific case are also in the “Production/Thro ughput Quantities and Composition” data category because t he GHG reported is also the GHG being used as a throughput

. 17



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 received (metric tons) annually.



### • If you receive CO 2 in containers, report: The net total mass of CO 2 received (in metric tons) annually.



### • If you use more than one receiving flow meter, repo rt the net total mass of CO 2 received (metric tons) through all flow meters annually. 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 CO 2 used as throughput at the site. Note that three of the data elements in this specific ca se are in the “GHGs Reported” data category list above bec ause the GHG reported is also the GHG being used as a throug hput. They are not repeated in the list below. Furthermo re,

three data elements about mass flow meters and thre e data

17 Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 96 of 118 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 repe tition. The remaining three data elements that EPA proposes to assign to this data category also appear in the lis t below.



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 : Volumetric/mass flow through a receiving flow meter at standard conditio ns in each quarter.



### • If you receive CO 2 by pipeline, report the following for each flow meter: If a volumetric/mass flow mete r is used to receive CO 2 : The volumetric/mass flow through a receiving flow meter that is redelivered to another facility without being injected into your w ell in each quarter.



### • If you receive CO 2 by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 : CO 2 concentration in the flow in each quarter.



### • If you receive CO 2 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 CO 2 in containers, report: The concentration of CO 2 of contents in containers (volume or weight percent CO 2 expressed as a decimal fraction) in each quarter.



### • If you receive CO 2 in containers, report: The mass (in metric tons) or volume (in standard cubic meters) o f contents in containers that is redelivered to anoth er facility without being injected into your well in e ach quarter.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 97 of 118 EPA proposes that all data elements in these two da ta categories (“GHGs Reported” and “Production/Through put Quantities”) are not CBI. These data elements are facility-level and flow meter-level data for CO 2 received.

None of the data elements on CO 2 received includes

information on CO 2 prices or contract terms, such as

information on the concentration of other incidenta l

substances in the CO 2 stream, the disclosure of which could allow competitors to ascertain the relative strengt h of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors.

The data elements also do not include information t hat would allow a competitor to deduce the reporter’s o perating costs. Moreover, for a facility where the CO 2 received is wholly injected and is not mixed with any other sup ply of

CO 2 , such as a geologic sequestration project at a dee p saline formation, the reporter may report the quant ity of

CO 2 injected as the quantity of CO 2 received. This amount can be determined from information that is reported at least annually as part of a facility’s UIC permit a nd made available to the public either through State websit es or upon request from the public. For these reasons, EPA finds that releasing the 12

data elements on CO 2 received would not likely result in*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 98 of 118 substantial competitive harm, and EPA proposes to d etermine that this information does not qualify for confiden tial

treatment and will be considered to be non-CBI. EPA is proposing to assign one data element to the “Unit/Process Operating Characteristics” data categ ory because it refers to an operating characteristic of the

site.



### • Source of the CO 2 received according to the following categories: CO 2 production wells, electric generating unit, ethanol plant, pulp and paper mill, natural g as processing, gasification operations, other anthropogenic source, discontinued enhanced oil and gas recovery project, and unknown. The data element related to the source of CO 2 received identifies the type of source that supplied the fac ility

with CO 2 in the reporting year, such as an ethanol plant.

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

CO 2 to the reporter, or the amount of CO 2 provided by each supplier. This data element does not include infor mation

on CO 2 prices or contract terms, the disclosure of which could allow competitors to ascertain the relative s trength of their market position and to identify sources of competitive advantage (or disadvantage) among compe titors. EPA finds that the release by EPA of the data eleme nt

related to the source of CO 2 received is not likely to cause*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 99 of 118 substantial competitive harm, and EPA proposes to d etermine 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 i dentify the specific data element(s) and provide detailed supporting information on why EPA’s proposed determ ination 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 d ata reporting through this proposal and rulemaking proc ess, potential reporters are able to submit comments ide ntifying data they consider sensitive and provide the ration ales and supporting documentation they would otherwise submi t for case-by-case confidentiality determinations. We se ek comment on the confidentiality status of data eleme nts in two direct emitter data categories (“Unit/Process ‘ Static’ Characteristics That are Not Inputs to Emission Equ ations” and “Unit/Process Operating Characteristics That ar e Not Inputs to Emission Equations”) and three supplier d ata categories (“GHGs Reported,” “Production/Throughput*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 100 of 118 Quantities and Composition,” and “Unit/Process Oper ating Characteristics”). We will evaluate claims of confidentiality before finalizing the proposed confidentiality determinations; however, this will be your only opportunity to substantiate your confidentiali ty claim. Where we make confidentiality determination s prior to data reporting through this proposal and rulemak ing process, you will not be able to claim separately t hat certain data that has already been categorized as d ata to be released are CBI when you submit those data as p art of a GHG emissions report under Part 98. Please consider the following instructions in submitting comments on the data elements in these seven subparts. 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 publ ic release of that particular data element would or wo uld not cause a competitive disadvantage to a facility. Di scuss how this data element may be different from or simi lar to data that are already publicly available. Please s ubmit information identifying any publicly available sour ces of information containing the specific data elements i n question, since data that are already available thr ough Deleted: eight*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 101 of 118 other sources would not be CBI. In your comments, please identify the manner and location in which each spec ific data element you identify is available, including a citation. If the data are physically published, su ch as in a book, industry trade publication, or federal agen cy 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 publis her 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 cou ld occur and explain how the discerned information would neg atively affect your competitive position. Describe any uni que process or aspect of your facility that would be re vealed if the particular data element you consider sensiti ve were made publicly available. If the data element you i dentify would cause harm only when used in combination with other publicly available data, then describe the other da ta, identify the public source(s) of these data, and ex plain

how the combination of data could be used to cause competitive harm. Describe the measures currently taken to*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 102 of 118 keep the data confidential. Avoid conclusory and unsubstantiated statements, or general assertions r egarding 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 Proposed Ne w Data Elements in Subparts II and TT The Technical Corrections proposal includes propose d amendments to 47 data elements in subparts FF, II, OO, and TT, including revising 17 data elements that are no t inputs to equations and adding six data elements that are not inputs to equations. As explained in Section II.D of this preamble, the proposed revisions to the 17 non-inpu t data elements do not change the information to be collec ted and therefore 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 six proposed new non-input data elements. These new data elements a re proposed to be added to subparts II and TT. We are proposing to categorize two of the six new d ata elements in the “Calculation Methodology & Methodol ogical Tier” data category. Because there was a categoric al

determination in the Final CBI Rule that this data category*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 103 of 118 is emissions data, we are proposing these two data elements

as emissions data.

• Statement that biogas pressure is incorporated into monitoring equipment internal calculations. (Subpa rt 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).

EPA is proposing to categorize four of the six new data elements in the two direct emitter data catego ries with no categorical confidentiality determination (“Unit/Process ‘Static’ Characteristics That are No t Inputs to Emission Equations” and “Unit/Process Operating Characteristics That are Not Inputs to Emission Equ ations” data categories). For these two data categories, E PA evaluated the individual data elements assigned to these categories to determine whether individual data ele ments qualify as CBI. In this section, EPA explains the data elements in these two categories and states the rea sons for proposing to determine that each does or does not q ualify 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 be low, are

not CBI.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 104 of 118

• If a methane correction factor (MCF) value other th an 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 affec ted by the aeration.

• If an MCF value other than the default of 1 is used , provide the total number of hours during the year t he 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 selec ted MCF value. These data elements describe the aeration system, t he number of hours the aeration system was used, the c apacity of the aeration blower, the fraction of landfill af fected by aeration, and the factors used as the basis of t he

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 wil l not be protected as confidential business information and will be

considered to be non-CBI. We are soliciting comments on the proposed categori cal assignments for the six new data elements in these subparts. If you believe that EPA has improperly a ssigned certain data elements in these subparts to the data categories, please provide specific comments identi fying which data elements may be assigned incorrectly alo ng with*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 105 of 118 a detailed rationale for why they may be assigned incorrectly and in which data category they belong. V. Proposed Deferral of Inputs to Emission Equatio ns for Subparts FF and TT and Amendment to Table A-6 Of the 47 subpart FF, II, OO, and TT data elements that are addressed in the Technical Corrections pro posal, 24 are inputs to emission equations. Of these, 21 are revisions to existing inputs to emission equations that are

addressed in the Final Deferral and included in Tab les A-6 and A-7 to subpart A of Part 98. As explained in S ection II.D of this preamble, for 18 of the 21 inputs, the proposed revisions do not affect the Final Deferral . For the remaining three inputs, however, which are in s ubpart TT, the proposed revisions do re-numerate section references. These three equation inputs were added in the Final Deferral to Table-6 to subpart A. We are the refore proposing in this action to amend Table A-6 to re-n umerate three subpart TT equation inputs as proposed in the Technical Correction proposal. Of the 24 inputs to emission equations addressed in the Technical Corrections proposal, three are new d ata elements that we are proposing for the first time t o add to the “Inputs to Emission Equations” data category. In this*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 106 of 118 action, we are proposing to defer the reporting dea dline 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 t he calculations. (Subpart TT: Inputs to Emission Equations). 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 elemen ts are less time-consuming or sufficiently far along in th e inputs evaluation process, outlined in the memorandum to t he Final Deferral docket, “Process for Evaluating and Potent ially 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 proposed equation inputs, and we believ e that we can complete our evaluation before March 31, 201 3, the current reporting deadline for the equation inputs listed in Table A-6 of Subpart A. EPA is therefore propos ing to add these proposed inputs to Table A-6 to require t heir reporting by March 31, 2013.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 107 of 118 In the Technical Corrections proposal, we propose t o add the two new subpart FF inputs to equations to t he reporting requirements at 40 CFR Part 98.326(o). T his regulatory paragraph is already included in Table A -6 for reporting by March 31, 2013, so we are not proposin g in

this action to amend Table A-6 to account for the n ew subpart FF inputs to equations. However, the new s ubpart 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. 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 act ion” because it raises novel legal or policy issues. Accordingly, EPA submitted this action to the Offic e of Management and Budget (OMB) for review under Execut ive Orders 12866 and 13563 (76 FR 3821, January 21, 201 1) and any changes made in response to OMB recommendations have

been documented in the docket for this action. B. Paperwork Reduction Act*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 108 of 118 This action does not impose any new information

collection burden. This action is administrative a nd does not increase the reporting burden. However, the Of fice of Management and Budget (OMB) has previously approved the information collection requirements contained in th ese

seven subparts, under 40 CFR part 98, under the provisio ns of the Paperwork Reduction Act , 44 U.S.C. 3501 et seq . The Information Collection Request (ICR) documents prep ared by EPA have been assigned the following OMB control nu mbers: 2060-0650, for subparts I, 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 th e Administrative Procedure Act or any other statute u nless the agency certifies that the rule will not have a significant economic impact on a substantial number of

small entities. Small entities include small busin esses, small organizations, and small governmental jurisdi ctions.For purposes of assessing the impacts of this reproposal on small entities, “small entity” is defin ed as: Deleted: eight

Deleted: 2060-0651, for subpart W;*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 109 of 118 (1) A small business as defined by the Small Busine ss 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 w ith a population of less than 50,000; or (3) a small orga nization that is any not-for-profit enterprise which is independently owned and operated and is not dominan t in its

field. After considering the economic impacts of this acti on on small entities, I certify that this action will not have a significant economic impact on a substantial numb er of small entities. This action will not impose any ne w requirement on small entities that are not currentl y required by Part 98. EPA took several steps to reduce the impact of Part 98 on small entities. For example, EPA determined app ropriate

thresholds that reduced the number of small busines ses reporting. In addition, EPA did not require facili ties to install continuous emission monitoring systems (CEM S) if they did not already have them. Facilities without CEMS can calculate emissions using readily available dat a or data that are less expensive to collect such as pro cess data or material consumption data. For some source categories, EPA developed tiered methods that are s impler*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 110 of 118 and less burdensome. Also, EPA required annual ins tead of more frequent reporting. Finally, EPA continues to conduct significant outreach on the mandatory GHG reporting rule and maintains an “open door” policy for stakeholder s to help inform EPA’s understanding of key issues for t he

industries. We continue to be interested in the potential impac ts

of this action on small entities and welcome commen ts on

issues related to such effects. D. Unfunded Mandates Reform Act (UMRA)

Title II of the Unfunded Mandates Reform Act of 199 5 (UMRA), 2 U.S.C. 1531-1538, requires Federal agenci es, unless otherwise prohibited by law, to assess the e ffects of their regulatory actions on State, local, and tr ibal governments and the private sector. Federal agenci es must also develop a plan to provide notice to small gove rnments that might be significantly or uniquely affected by any regulatory requirements. The plan must enable offi cials of affected small governments to have meaningful and t imely input in the development of EPA regulatory proposal s with significant Federal intergovernmental mandates and must inform, educate, and advise small governments on co mpliance with the regulatory requirements.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 111 of 118 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 aggreg ate, or the private sector in any one year. This re-propos al is administrative and does not increase the reporting burden. Thus, this action is not subject to the requirement s of

sections 202 or 205 of the UMRA. In developing Part 98, EPA consulted with small governments pursuant to a plan established under se ction 203 of the UMRA to address impacts of regulatory requirements in the rule that might significantly o r uniquely affect small governments. For a summary o f EPA’s consultations with State and/or local officials or other representatives of State and/or local governments i n developing Part 98, see Section VIII.D of the pream ble 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 Sta tes, on the relationship between the national government an d the States, or on the distribution of power and responsibilities among the various levels of govern ment, as specified in Executive Order 13132. However, for a more detailed discussion about how Part 98 relates to ex isting*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 112 of 118 State programs, please see Section II of the preamb le to the final rule (74 FR 56266, October 30, 2009). This action applies to facilities that directly emi t greenhouses gases. It does not apply to government al entities unless a government entity owns a facility that directly emits greenhouse gases above threshold lev els, so relatively few government facilities would be affec ted. 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 ap ply to

this action. In the spirit of Executive Order 13132, and consist ent with EPA policy to promote communications between E PA and State and local governments, EPA specifically solic its comment on this proposed action from State and loca l officials. For a summary of EPA’s consultation wit h State and local organizations and representatives in deve loping 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 Coordin ation

with Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, No vember 9, 2000). This re-proposal is administrative and d oes not*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 113 of 118 increase the reporting burden. Thus, Executive Ord er 13175 does not apply to this action. For a summary of EP A’s consultations with tribal governments and represent atives, see Section VIII.F of the preamble to the final rul e (74 FR 56371, October 30, 2009). EPA specifically solicit s additional comment on this proposed action from tri bal

officials.

G. Executive Order 13045: Protection of Children f rom Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulator y actions that concern health or safety risks, such t hat the analysis required under section 5-501 of the Execut ive Order has the potential to influence the regulation . This action is not subject to Executive Order 13045 beca use it

does not establish an environmental standard intend ed to mitigate health or safety risks. H. Executive Order 13211: Actions that Significant ly 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 Ac t*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 114 of 118 Section 12(d) of the National Technology Transfer a nd Advancement Act of 1995 (NTTAA), Public Law No. 104 -113 (15 U.S.C. 272 note) directs EPA to use voluntary conse nsus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherw ise impractical. Voluntary consensus standards are tec hnical standards (e.g., materials specifications, test met hods, sampling procedures, and business practices) that a re developed or adopted by voluntary consensus standar ds bodies. NTTAA directs EPA to provide Congress, thr ough OMB, explanations when the Agency decides not to us e available and applicable voluntary consensus standa rds.

This action does not involve technical standards. Therefore, EPA is not considering the use of any vo luntary

consensus standards.

J. Executive Order 12898: Federal Actions to Addre ss Environmental Justice in Minority Populations and L owIncome Populations Executive Order 12898 (59 FR 7629, February 16, 199 4) establishes Federal executive policy on environment al justice. Its main provision directs Federal agenci es, to the greatest extent practicable and permitted by la w, to make environmental justice part of their mission by identifying and addressing, as appropriate,*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 115 of 118 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 determin ed that this action will not have disproportionately high a nd

adverse human health or environmental effects on mi nority or low-income populations because it does not affec t the level of protection provided to human health or the environment. This action addresses only reporting and recordkeeping procedures.Page 116 of 118

GHG Reporting Rule-Proposed Confidentiality Determi nations for 10 Subparts List of Subjects 40 CFR Part 98 Environmental protection, Administrative practice a nd procedure, Greenhouse gases, Reporting and recordke eping requirements.

Dated:

Lisa P. Jackson, Administrator.*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 117 of 118 For the reasons stated in the preamble, title 40, Chapter I, of the Code of Federal Regulations is pr oposed

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 foll ows: Table A-6 to Subpart A of Part 98--Data Elements Th at Are Inputs to Emission Equations and for Which the Repo rting 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 CH 4 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*** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** Page 118 of 118

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 * * * * * * *Page 15: [1] Deleted CHARLES GOODHUE 10/24/2011 2:12:00 PM



## Petroleum and Natural Gas Systems 486210 Pipeline transportation of natural gas. 221210 Natural gas distribution facilities. 211 Extractors of crude petroleum and natural gas. 211112 Natural gas liquid extraction facilities. Page 68: [2] Deleted CHARLES GOODHUE 10/25/2011 12:03:00 PM 

## 3. Subpart W - Petroleum and Natural Gas Systems. Subpart W applies to facilities in eight segments of the petroleum and natural gas industry that emit GHGs greater than or equal to 25,000 metric tons of CO 2 

## equivalent per year. These eight segments are: Offshore petroleum and natural gas production (from offshore platform facilities). Onshore petroleum and natural gas production (including equipment on or associated with a well pad for drilling, extraction, separation, treating and other processes). Onshore natural gas processing (separating and recovering natural gas liquids, non-methane gases, and other liquids). Onshore natural gas transmission compression (use of compressors to move natural gas in transmission pipelines from production or processing to distribution or storage). Underground natural gas storage (subsurface storage of natural gas). Liquefied natural gas (LNG) storage (liquefying natural gas to LNG and above ground storage of LNG). LNG import and export facilities (onshore and offshore equipment importing or exporting LNG via ocean transport, including liquefaction of natural gas to LNG, storage of LNG, and re-gasification of LNG to natural gas). Natural gas distribution (distribution pipelines and city gate stations operated by a local natural gas distribution company (LDC)).

## Subpart W provides methods for calculating GHG emissions

from 21 source types, such as pneumatic device venting, equipment leaks, transmission storage tanks, and centrifugal compressor venting. The methods can be categorized broadly into three types; engineering estimation, use of emission factors, and direct measurement. Engineering estimation means the use of engineering data, such as volume of the equipment, to estimate

emissions. Emission factors are used where either leak detection is conducted to determine leaking component (a leaker factor is used) or when a population count of components is available (a population factor is used). Finally, direct measurement involves the use of meters and measurement equipment such as a high volume sampler or calibrated bags to physically measure the emissions rate. For a summary of the entire list of source types and a determination of which source type applies to which segment, please see 40 CFR 98.232 (75 FR 74490, November 30, 2010). For a description of the emission calculation methods, please see 40 CFR 98.233 (75 FR 74490). The Unit/Process “Static” Characteristics That are Not Inputs to Emission Equations data category

. EPA is proposing to assign 18 subpart W data elements to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they are basic

## other facility-specific characteristics that do not vary with

time or with the operations of the process (and are not inputs to emission equations). These 18 data elements are: For each glycol dehydrator with throughput greater than or equal to 0.4 million standard cubic feet per day (MMscfd): what vent gas controls are used. For each glycol dehydrator with throughput less than 0.4 MMscfd: report whether any vent gas controls are used. Count of absorbent desiccant dehydrators. For wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j), report: number of wellhead separators sending oil to atmospheric tanks. For wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j), report: count of hydrocarbon tanks at well pads. For wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j), report: best estimate of count of stock tanks not at well pads receiving your oil. For wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j), report: count of tanks with emissions control measures, either vapor recovery system or flaring, for tanks at well pads. For wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j), report: best estimate of count of stock tanks assumed to have emissions control measures not at well pads, receiving your oil. For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), total number of wells sending oil directly to tanks.

## For wells with oil production greater than or equal to 10

barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), total number of wells sending oil to separators off the well pads. For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), count of hydrocarbon tanks on wellpads. For wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), count of hydrocarbon tanks, both on and off well pads assumed to have emissions control measures: either vapor recovery system or flaring of tank vapors. For wellhead gas-liquid separators and wells with throughput less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR 98.233(j) Equation W–15 of 40 CFR 98.233), number of wells without wellhead separators. Number of wet seals connected to the degassing vent. For each enhanced oil recovery (EOR) injection pump blowdown, pump capacity in barrels per day. For onshore petroleum and natural gas production and natural gas distribution combustion emissions, cumulative number of external fuel combustion units with a rated heat capacity equal to or less than 5 million Btu per hour (mmBtu/hr), by type of unit. For onshore petroleum and natural gas production and natural gas distribution combustion emissions, cumulative number of external fuel combustion units with a rated heat capacity larger than 5 mmBtu/hr, by type of unit. For onshore petroleum and natural gas production and natural gas distribution combustion emissions, cumulative number of all internal combustion units, by type of unit. EPA proposes to determine that all 18 data elements that are part of the annual GHG report are not CBI. These data elements include data about the count of various types of equipment, the capacity of this equipment, and the nature and

count of abatement devices.

## Data on production and throughput 1 

## are made publicly

available by the facility operator on an annual basis through many published sources, including the Oil and Gas Journal Annual Survey, the Federal Energy Regulatory Commission, the U.S. Energy Information Administration, and through proprietary databases available for purchase. In addition, state oil and gas conservation agencies in all states where enhanced oil and gas recovery occurs collect information on the 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. Furthermore, the equipment used to produce, treat, store, and distribute petroleum and natural gas is listed in permits and compliance documents (e.g., pre-construction permits, operating permits, and underground storage tank registration) and/or physically visible on site even outside the fenceline at these operating sites. Oil and gas companies routinely present information at industry conferences to public audiences on the type of equipment they use (e.g., equipment for drilling, gas processing, liquefaction, etc.), and equipment vendors routinely

1 

### In the petroleum and natural gas industry, through put is the most significant piece of data that would provide insigh t into a reporter’s productivity, capabilities, and market share, and a nnual production is the key indicator of a reporter’s throughput. All data elements in this category

## present information on the capabilities and performance of their

equipment (emissions reductions from vapor recovery units, plunger lifts, dry seal replacement in centrifugal compressors, reduced emission completion equipment). The U.S. EPA Natural Gas STAR Program has a repository of such details on its website (http://www.epa.gov/gasstar ) for public reference. In addition, normal equipment vendors typically have information relating to their products available on their website. Therefore, EPA finds that, since information for these data elements is publicly available, it will not be protected as confidential business

information and will be considered to be non-CBI. Finally some of these data elements can be estimated by using data that are publicly available. The data element about pump capacity, which will be reported by EOR operations in the onshore production segment only, can be back-calculated from the quantity of CO 2 

## injected because the pump capacity is proportional to the volume of CO 2 

## that the pump is pumping (i.e.,

the volume of CO 2 

## e reported). Therefore, if the volume of CO 2 

## that was pumped is known then the pump's capacity can be calculated as somewhere between 150 to 200 percent greater to

handle fluctuations in CO 2 

## loads. The quantity of CO 2 

## injected can be determined from Underground Injection Control (UIC) permits, which are issued for each injection well by EPA or by

## 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. EPA notes, however, that the Final CBI

Rule did not finalize a CBI determination for data elements on production capacity assigned to the “Unit/process Static Characteristics That Are Not Inputs to Emission Equations” data category. For that Final Rule, EPA reviewed the available capacity information and determined that while those capacity data elements are generally publicly available, there may be facilities for which this data is not public. EPA is now proposing that the subpart W pump capacity data element not be treated as confidential because it can be estimated by using data that are publicly available, but EPA seeks comment on whether similar conditions apply in this case. The two data elements about glycol dehydrators and the one data element about desiccant dehydrators are already made publicly available for one of the two industry segments that will report these data. Specifically, for the natural gas processing segment, these data are published annually in the Oil & Gas Journal Worldwide Gas Processing Survey. In addition, these data elements are already made publicly available for two other industry segments. Specifically, for the transmission

## FERC Form 2 Major and Non-major Natural Gas Pipeline Report; and

for the LNG storage segment, these data were published in a onetime study in 2007 published by the Gas Technology Institute. 2 

## Since this information is of the same nature for all segments, EPA finds that publication of such information by three segments demonstrates that disclosure of equivalent information for the second segment that will report these data (the onshore production segment) 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. Finally, three data elements about the count of tanks, stock tanks, and hydrocarbon tanks with emissions control measures are included in Title V permits as part of EPA’s

National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart HH for Oil and Natural Gas Production requirements, and Title V permits are publicly available. Since these data elements have been made publicly available, the

information is found to be not confidential and will not be protected as CBI. The “Unit/process Operating Characteristics That Are Not Inputs to Emission Equations” data category.

## EPA is proposing to assign 16 subpart W data elements to

the “Unit/process Operating Characteristics That are Not Inputs to Emission Equations” data category because they are characteristics of equipment, such as wells and plunger lifts, abatement devices, and other facility-specific characteristics that vary over time with changes in operations and processes (and are not inputs to emission equations). Four are part of extension requests for the use of BAMM, and generally relate to the reasons for a request and expected dates of compliance with reporting requirements. Twelve are part of the annual GHG report and are listed here: Count of wells vented to the atmosphere for liquids unloading. Count of plunger lifts. Total count of completions in calendar year. Total count of workovers in calendar year. Reported number of completions and workovers employing reduced emissions completions and engineering estimate based on best available data of the amount of gas recovered to sales. For gas well completions and workovers without hydraulic fracturing: total number of days of gas venting to the atmosphere during backflow for completion. For wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j), range of concentrations of flash gas. For wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 and 2 of 40 CFR 98.233(j), range of concentrations of methane. For wellhead gas

- liquid separator with oil throughput

## Calculation Methodology 1 and 2 of 40 CFR 98.233(j), range

of concentrations of flash gas CO 2 

## . If wellhead separator dump valve is functioning improperly during the calendar year, count of wellhead separators that dump valve factor is applied. Number of wells tested per basin in calendar year. Number of wells venting or flaring associated natural gas in a calendar year. As discussed in more detail below, EPA is proposing todetermine that all data elements in this data category are nonCBI. EPA proposes to determine that all 12 data elements that are part of the annual GHG report are not CBI. These include data about the count of various types of equipment and the capacity of this equipment. Data on production and throughput 3 

## are made publicly available by the facility operator on an annual basis through many published sources, including the Oil and Gas Journal Annual Survey, the Federal Energy Regulatory Commission, the U.S. Energy Information Administration, and through proprietary databases available for purchase. In addition, the count of and quantity of oil produced from individual wells is collected by state permitting agencies and made publicly available through the individual websites of five of the eight states with

3 

### In the petroleum and natural gas industry, through put is the most significant piece of data that would provide insigh t into a reporter’s productivity, capabilities, and market share, and a nnual production is the key indicator of a reporter’s thr oughput. All 12 data elements in this

## currently active CO 2 

## EOR projects, and data at the field level

are available on websites for two of the remaining three states. Furthermore, the equipment used to produce, treat, store, and distribute petroleum and natural gas is listed in permits and compliance documents (e.g., pre-construction permits, operating permits, and underground storage tank registration) and/or physically visible on site even outside the fenceline at these operating sites. Oil and gas companies routinely present information at industry conferences to public audiences on the type of equipment they use, (e.g., equipment for drilling, gas processing, liquefaction, etc.) and equipment vendors routinely present information on the capabilities and performance of their equipment (emissions reductions from vapor recovery units, plunger lifts, dry seal replacement in centrifugal compressors, reduced emission completion equipment). The U.S. EPA Natural Gas STAR Program has a repository of such details on its website (http://www.epa.gov/gasstar ) for public reference. In addition, normal equipment vendors typically have information relating to their products available on their website. An example of a data element that is already publicly available is data on the number of completions by operator at the individual well or field level. This information is published annually by the Energy Information Administration (EIA) in the Official Energy

## completion data through State Oil and Gas Commissions. Since

information for these data elements is publicly available, it will not be protected as confidential business information and

will be considered to be non-CBI. EPA proposes to determine that all four data elements included in BAMM use extension requests do not qualify as CBI (each data element and its proposed category assignment islisted by data category in the Memorandum entitled “Docket EPAHQ-OAR-2011-0028 Memo A.”) Two of these data elements are descriptions of the data collection methodologies that cannot be followed or the monitoring instruments that cannot be installed. Two of these data elements are descriptions of the methods and dates by which the necessary equipment and services will be

secured. These data elements do not contain detailed information, such as process diagrams and operational information, which could provide insight into facility-specific operating conditions or process design, or any other proprietary or sensitive information that would give insight for competitors to gain an advantage over the reporter. Furthermore, subpart W has been designed so that petroleum and natural gas systems do not need to shut down in order to install monitoring equipment or implement monitoring methodologies, so disclosure of equipment installation dates will not reveal sensitive

## competitors to increase market share. EPA proposes to determine

that disclosure of these data elements is not likely to cause substantial competitive harm. Therefore they are not eligible for protection as confidential business information 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.

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## 6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98 [EPA-HQ-OAR-2011-0028; FRL- ]

RIN 2060-AQ70 Proposed Confidentiality Determinations for 9 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 I, 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 seven 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 seven subparts takes into account the proposed amendments to these subparts in the August 4, 2011 proposal “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 six new data elements that are not inputs to equations, proposed to be added to subparts II and TT in the August 4, 2011 proposal.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 2 of 117 EPA is also 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 proposed in the August 4, 2011 proposal.

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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## Page 3 of 117



## • 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”

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 4 of 117 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 5 of 117 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: GHGMRR@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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 6 of 117 BAMM Best Available Monitoring Methods CAA Clean Air Act CEMS continuous emission monitoring system CO 2 

## 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 N 2 

## O 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 SF 6 

## sulfur hexafluoride UIC Underground Injection Control UMRA Unfunded Mandates Reform Act of 1995 U.S. United States WWW Worldwide Web

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 7 of 117 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 seven subparts? D. How does the Technical Revisions Proposal affect this action? III. Re-Proposal of CBI Determinations for Seven 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 Proposed New Data Elements in Subparts II and TT V. Proposed 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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## Page 8 of 117 J. Executive Order 12898: Federal Actions to AddressEnvironmental 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 seven subparts (I, 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 I, 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 August 4, 2011, EPA proposed 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 47392; hereinafter referred to as the “Technical Corrections proposal”). In

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## Page 9 of 117 light of the above, we are re-proposing for public comment the confidentiality determinations for the data elements in these seven subparts to reflect the data elements in the final seven subparts and the proposed new and revised data elements in subpart RR in the Technical Corrections proposal. 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 seven 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 seven subparts except for those that are in the “Inputs to Emission Equations” data category. The covered data elements and their proposed

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## Page 10 of 117 category assignments are listed by data category in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.” This memorandum reflects the proposed revisions in the Technical Corrections proposal. As in the Final CBI Rule, this proposal does not address data elements from the seven 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 seven 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

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## Page 11 of 117 are not inputs to equations) proposed to be added to subparts II and TT in the Technical Corrections proposal (76 FR 47392). 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 proposal that was issued after the Final CBI Rule, certain existing data elements are proposed to be revised and certain new data elements are proposed to be added. As discussed in Section I.D of this preamble, the proposed 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 proposed 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 proposed in the Technical Corrections proposal. 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 proposed amendments in the Technical Correction proposal (76 FR 47392). In the Technical Corrections proposal,

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## Page 12 of 117 three new equation inputs are proposed to be added to subparts FF and TT. In this action, EPA is proposing to defer the reporting deadline for these three proposed equation inputs to March 31, 2013. As with other equation inputs, EPA is in the process of evaluating the sensitivity of these three proposed 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 proposed inputs to Table A-6 to require their reporting by March 31, 2013. Additionally, in the Technical Corrections proposal, certain existing equation inputs are proposed to be revised, including three subpart TT equation inputs for which the section references are proposed to be re-numbered. As discussed further in Section I.D of this preamble, the proposed revisions to the equation inputs are technical or editorial in nature and would not affect the information to be collected. However,Table A-6 does not currently account for the proposed renumerations. Therefore, we are proposing to revise section references to the three subpart TT inputs to equations in Table A-6 as proposed in the Technical Correction proposal. B. Does this action apply to me?

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## Page 13 of 117 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 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 electronics manufacturing facilities, fluorinated gas production facilities, electric power systems, electrical equipment manufacturing facilities, carbon dioxide (CO 2 

## ) enhanced oil and gas recovery projects, acid gas injection projects, geologic sequestration projects, importers and exporters of pre-charged 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 Electronics Manufacturing 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic

(solid-state) device manufacturing facilities. 334419 Liquid crystal display unit

screens manufacturing facilities.

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## Page 14 of 117 Category NAICS Examples of affected facilities

334419 Micro-electro-mechanical

systems manufacturing 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. 423730 Automotive air-conditioners

merchant wholesalers. 326150 Polyurethane foam products

manufacturing. 335313 Circuit breakers, power,

manufacturing. 423610 Circuit breakers merchant

wholesalers. CO 2 

## Enhanced Oil and Gas Recovery Projects 211 Oil and gas extraction projects using CO 2 

## enhanced recovery.

Acid Gas Injection Projects 211111

or 211112 Projects that inject acid gas

containing CO 2 

## underground.

Geologic Sequestration Projects N/A CO 2 

## geologic sequestration projects. Underground Coal Mines 212113 Underground anthracite coal mining operations.

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## Page 15 of 117 Category NAICS Examples of affected facilities

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. 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 eleven 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

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## Page 16 of 117 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 I, 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 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

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## Page 17 of 117 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. 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

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## Page 18 of 117 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 Code6207-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).

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## Page 19 of 117 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 CO 2 

## 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 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.

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## Page 20 of 117 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). 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”).

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## Page 21 of 117 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 “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

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## Page 22 of 117 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 dataelements in six subparts that had been proposed or reproposed at the time of the July 7, 2010 CBI proposal (subparts I, L, DD, QQ, RR, and SS). EPA finalized those six subparts and subpart UU 1 

## in two separate actions. On December 1, 2010, we finalized subparts I, L, DD, QQ, and SS (75 FR 74774), and subparts RR and UU (75 FR 75060). As explained in Section II.D of this preamble, on August 4, 2011, we published the Technical Correction proposal that included, among other things, proposed revisions to some subpart RR data elements (76 FR 47392). The seven affected subparts are as follows:



## • Subpart I, Electronics Manufacturing



## • 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

1 

### EPA initially proposed subparts RR and UU as a sin gle subpart (subpart RR); however, as a result of public comments on sub part RR, EPA moved all definitions, requirements, and procedures for f acilities conducting only CO 2 

### injection (without geologic sequestration) into a new subpart (subpart UU). Subpart RR retained all definitions, requirements, and procedures related to facilities conducting geologi c sequestration.

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## Page 23 of 117



## • 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 seven subparts. The Technical Corrections proposal also contains proposed 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 proposed revisions to the existing data elements in these subparts that are not inputs to emission equations would not change the information to be collected and therefore would not affect the confidentiality determinations made in the Final CBI Rule. However, the Technical Correction proposal also proposes 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 proposed new data elements. As further explained in Section II.D of this preamble, the proposed revisions to the existing data elements in

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## Page 24 of 117 these subparts that are inputs to emission equations would not change the information to be collected and therefore would generally 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 proposedrevisions in the Technical Corrections proposal do renumerate some subpart TT inputs, so EPA is proposing toamend Table A-6 in this action to reflect this proposed renumeration. The Technical Corrections proposal also proposes 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. 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

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## Page 25 of 117 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 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

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## Page 26 of 117 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 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 proposed changes or additions to inputs to equations in the Technical Corrections proposal. EPA is therefore proposing

2 

### The reporting deadline for year 2010 data required under the Mandatory Reporting of Greenhouse Gases Rule has since been e xtended to September 30, 2011. See 76 FR 14812 (March 18, 2011).

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## Page 27 of 117 to amend Table A-6 to require reporting of the proposed new inputs by March 31, 2013, and to re-numerate certain section references as proposed in the Technical Corrections proposal.

C. What is the rationale for re-proposing the CBI determinations for seven subparts? EPA included the data elements in the proposed subparts I, 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 seven subparts after their promulgation. After the subparts were promulgated, EPA 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

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## Page 28 of 117 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 seven subparts is warranted. EPA is therefore re-proposing the confidentiality

determinations for the data elements in the final seven 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. D. How does the Technical Revisions Proposal affect this

action? On, August 4, 2011, EPA proposed technical corrections, clarifying and other amendments to subparts W, FF, II, OO, RR, and TT of Part 98 in the Technical Corrections proposal (76 FR 47392). The proposal includes

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## Page 29 of 117 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 are 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 proposed to be revised in the Technical Corrections proposal. Because the proposed revisions would 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 proposed in the Technical Correction proposal. The Technical Corrections proposal 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 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 proposed 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,

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## Page 30 of 117 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 proposal includes adding six new non-input data elements to subparts II and TT. Because these new data elements were proposed 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 six 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 seven subparts in

this action. The Technical Corrections proposal also revises 21 existing inputs to equations in subparts FF, II, and TT. The proposed revisions do not change the information to be reported to EPA under these requirements. For 18 of the 21 inputs, the proposed revisions do not affect the August 25, 2011, final deferral. For the other three inputs, however, the proposed 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

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## Page 31 of 117 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 proposed in the Technical Correction proposal. Lastly, in the Technical Corrections proposal, two new equation inputs are proposed to be added to subpart FF and one new equation input is proposed to be added to subpart TT. In this action, EPA is proposing to defer the reporting deadline for these three proposed equation inputs to March 31, 2013. As with other equation inputs, EPA is in the process of evaluating the sensitivity of these three proposed 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 proposed inputs to Table A-6 to require their reporting by March 31, 2013. In the Technical Corrections proposal, we propose to add 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 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

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## Page 32 of 117 subpart TT equation input is not yet included in Table A-6.We are therefore proposing in this action to amend Table A6 to add it and require its reporting by March 31, 2013. When finalized, the changes to the data elements may not be exactly the same as those proposed in the Technical Corrections proposal; however, we expect that any such changes would be minor. Therefore, we expect that the same data categories and confidentiality determinations as proposed in this action would still logically apply. Similarly, minor changes to the proposed inputs to equations would not change the information to be collected and our proposed reporting deadline would still apply. If the final amendments differ significantly from those included in the Technical Corrections proposal, EPA will address those changes accordingly. III. Re-Proposal of CBI Determinations for Seven Subparts

A. Overview We propose to apply categorical confidentiality

determinations made in the Final CBI Rule to the data elements in these seven 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

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## Page 33 of 117 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 data categories. In this re-proposal, EPA similarly proposes to assign each data element in the final subparts I, L, DD, QQ, RR, SS, and UU to one of 21 data categories 3 

## 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 seven subparts, no new data categories are being

3 

### As previously mentioned, this proposal does not ad dress data elements in the “Inputs to Emission Equations” data category . For data elements in these seven subparts that are assigned to the “I nputs to Emission Equations” category, please see the Memorandum enti tled “[Docket EPAHQ-OAR-2011-0028 Memo B].”

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## Page 34 of 117 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 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 seven 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 seven subparts. If you believe that EPA has improperly assigned certain data elements in these seven subparts to the data categories, please provide specific comments identifying which data elements may be

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## Page 35 of 117 mis-assigned 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 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.

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## Page 36 of 117 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 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 Data a 

## Data That

Are Not Emission Data and Not CBI Data That

Are Not Emission Data But Are CBI b 

## Facility and Unit Identifier Information X

Emissions X Calculation Methodology and Methodological Tier X

Data Elements Reported for Periods X

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## Page 37 of 117

Data Category Confidentiality Determination for Data Elements in Each Category

Emission Data a 

## Data That

Are Not Emission Data and Not CBI Data That

Are Not Emission Data But Are CBI b 

## of Missing Data that are Not Inputs to Emission Equations Unit/Process “Static” Characteristics that are Not Inputs to Emission Equations X c 

## X c



## Unit/Process Operating Characteristics that are Not Inputs to Emission Equations X c 

## X c



## 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” i s defined at 40 CFR 2.301(a)(2)(i). b 

### Section 114(c) of the CAA affords confidential tre atment 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.

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## Page 38 of 117 Table 3. Summary of Final Confidentiality Determinations for Supplier Data Categories

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a 

## Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b 

## GHGs Reported X c 

## X c 

## Production/ Throughput Quantities and Composition X c 

## X c



## Identification Information X Unit/Process Operating Characteristics X c 

## X c



## 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 X

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## Page 39 of 117

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a 

## Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b 

## and Vendor Data Submitted in BAMM Extension Requests

a 

### Under CAA section 114(c), “emission data” are not entitled to confidential treatment. The term “emission data” i s defined at 40 CFR 2.301(a)(2)(i). b 

### Section 114(c) of the CAA affords confidential tre atment 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 For direct emitter subparts I, L, DD, RR 4 

## , 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

4 

### Subpart RR is neither a direct emitter nor a suppl ier source category. For the purposes of this action, EPA placed each su bpart RR data element into one of the two categories based on its type and characteristics.

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## Page 40 of 117 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 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

5 

### As mentioned above, EPA determined that data eleme nts in these two categories are not “emission data” under CAA sectio n 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 a pply to data elements in these seven subparts assigned to those categories through this rulemaking.

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## Page 41 of 117 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 comment on the proposed approaches for these five subpart

RR data elements. 1. Subpart I – Electronics Manufacturing. The electronics manufacturing industry uses multiple long-lived fluorinated greenhouse gases (fluorinated GHGs), as well as nitrous oxide (N 2 

## O) during manufacturing of electronic devices, including, but not limited to, liquid crystal displays, microelectro-mechanical systems, photovoltaic cells, and semiconductors. Fluorinated GHGs are used mainly for plasma etching of silicon materials, cleaning deposition tool chambers, and wafer cleaning, but may be used in other types of electronics manufacturing processes. Besides dielectric film etching and chamber cleaning, much smaller quantities of fluorinated GHGs are

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## Page 42 of 117 used to etch polysilicon films and refractory metal films like tungsten. Additionally, some electronics manufacturing equipment may employ fluorinated GHG liquids as heat transfer fluids. Nitrous oxide may be the oxidizer of choice during deposition of silicon oxide films in manufacturing electronic devices. These electronic manufacturing steps are performed in carefully controlled process chambers containing the

silicon wafers and the fluorinated GHGs or N 2 

## O. Producing a finished wafer with multiple electronic devices (e.g., computer chips) may require depositing and etching 50 or more individual layers of material. The conditions under which the individual steps are performed, the ability of a facility to produce certain electronic features, and the ability of a facility to produce a certain number of

devices with a minimum number of defects at a certain cost per unit, among other variables, will determine the competitive standing of a particular facility in this industry. The Unit/Process “Static” Characteristics That are Not Inputs to Emission Equations data category. EPA is proposing to assign 13 subpart I data elements to the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category because they

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## Page 43 of 117 are basic characteristics of abatement devices and tools that do not vary with time or with the operations of the process (and are not inputs to emission equations). These

13 data elements are:



## • For all F-GHG or N 2 

## O used at your facility for which you have not calculated emissions using Equations I-6 through I-10: Report a brief description of GHG use. (Proposed as CBI)



## • Inventory of all abatement systems through which fluorinated GHGs or N 2 

## O flow at your facility. (Proposed as CBI)



## • Description of all abatement systems through which fluorinated GHGs or N 2 

## O flow at your facility.



## • Number of abatement devices of each manufacturer through which fluorinated GHGs or N 2 

## O flow at your facility. (Proposed as CBI)



## • Model numbers of abatement devices through which fluorinated GHGs or N 2 

## O flow at your facility.



## • Destruction or removal efficiencies, if any, claimed by manufacturers of abatement devices through which fluorinated GHGs or N 2 

## O flow at your facility.



## • Description of the tools associated with each abatement systems. (Proposed as CBI)



## • Model numbers of the tools associated with each abatement systems. (Proposed as CBI)



## • The tool recipe(s), process sub-type, or type associated with each abatement system. (Proposed as CBI)



## • Certification that the abatement systems for which controlled emissions are being reported are specifically designed for fluorinated GHG and N 2 

## O abatement, including abatement system supplier documentation.



## • A description of the abatement system class for which you are reporting controlled emissions.

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## Page 44 of 117



## • The manufacturer of the abatement system in the class for which you are reporting controlled emissions.



## • The model number of the abatement system in the class for which you are reporting controlled emissions. As discussed in more detail below, EPA is proposing that six data elements in the “Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations” data category are to be protected as CBI. (All of these are part of the annual GHG report and are indicated in the parentheses in the bulleted lists above.) EPA is proposing

to determine that the other data elements in this data category do not qualify for protection as CBI. EPA proposes to determine that the report of a brief description of GHG use (40 CFR 98.96(g)) qualifies as CBI because disclosure of this information would likely cause substantial competitive harm to reporters. Subpart I lists five manufacturing processes in 40 CFR 98.96(a) that are common to the electronics manufacturing industry. If a reporter employs an uncommon process during manufacturing, then the reporter must instead report a description of the uncommon process (see 40 CFR 98.96(g)). As such, this data element may cover novel, proprietary production methods that may have been developed by the reporter, generally at great expense and time investment. Reporters develop and use such methods because they improve manufacturing

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## Page 45 of 117 efficiencies, reduce manufacturing costs, or improve product performance, quality, or production rate, thereby conferring a competitive advantage. Should competitors gain knowledge of such a proprietary method and replicate it, they could undercut the reporter’s competitive advantage, generally at less expense than the reporter’s original development of this method. Therefore, EPA finds that releasing the report of a brief description of GHG use would likely result in substantial competitive harm, and EPA proposes to determine that this information will be protected as confidential business information. EPA also proposes to determine that the description, model numbers, and recipe(s), process sub-type, or process type of the tools associated with each abatement system (40 CFR 98.98(p)) qualify for protection from disclosure as CBI because the release of this information would likely cause substantial competitive harm to reporters. At a subpart I facility, disclosure of the type of manufacturing tools used for specific process steps would provide insight into how the reporter configures its facility and achieves its specific manufacturing facility’s performance. If information on a reporter’s tool types and manufacturing steps is revealed, a competitor could use this information to replicate the reporter’s manufacturing configuration,

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## Page 46 of 117 thereby undercutting the competitive advantage that the reporter has built by achieving a higher level of manufacturing performance. Therefore, EPA finds that releasing the description, model numbers, and recipe(s), process sub-type, or process type of the tools associated with each abatement system would likely result in substantial competitive harm, and EPA proposes to determine that this information be protected as confidential. EPA also proposes to determine that the inventory of abatement systems and the number of abatement systems by manufacturer (40 CFR 98.96(p)) qualify as CBI because the release of this information coupled with emission data would likely cause substantial competitive harm to reporters. The number of abatement systems at the facility (e.g., 20) coupled with the fraction of gas used by tools with abatement systems (e.g., 10 percent) can be used to reverse-engineer the number of tools at the facility (e.g., 20/0.1 = 200). Information on the type and number of tools at the facility coupled with production capacity could then enable competitors to reverse-engineer the reporter’s approximate manufacturing cost (e.g., $/wafer produced) using the competitor’s own tool operating costs. Disclosure of this type of cost information has the potential to undermine competition within the industry

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## Page 47 of 117 because it could allow competitors to ascertain the relative strength of their market position and to identify sources of competitive advantage (or disadvantage) in the industry. This could encourage weaker competitors to leave the industry prematurely or lead stronger competitors to adopt anticompetitive practices (such as predatory pricing) in an effort to force out weaker competitors. Therefore, EPA proposes to determine that this information be protected as

confidential. The fraction of gas used by tools with abatement systems, required to be reported under 40 CFR 98.96(n), was assigned to the “Inputs to Emission Equations” data category in the Final Deferral. Consistent with existing Part 98 regulations and EPA’s regulatory actions to date, inputs to emission equations are required to be reported in future years. As explained in Section II.B of this preamble, EPA is not making any confidentiality determinations for inputs to equations at this time. However, should EPA determine in the future that inputs to equations are not entitled to confidential treatment, EPA finds that releasing information on the number of abatement systems would likely result in substantial competitive harm if that information is used in combination with inputs to emission equations. As a result, EPA proposes to determine

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## Page 48 of 117 that information relating to the inventory of all abatement systems and the number of abatement systems by manufacturer

will be treated as confidential. EPA proposes to determine that the remaining seven data elements in this data category are not CBI. Data about the abatement systems (other than the count), such as model number, type of gas abated, and manufacturer claims about destruction efficiency, do not provide insight to competitors about the type and number of process tools used at the facility. Additionally, releasing a certification about the design of the abatement system would not likely cause substantial competitive harm because certification statements do not provide any insight into the design or operation efficiencies of the plant nor other information, e.g., market share, ability to increase production to meet new increases in demand, or price structures the release of which would be likely to result in substantial competitive harm. Moreover, certification statements will consist of only the language that EPA publicly provides in the data reporting tool and will not include any facility- or process-specific information that could be considered proprietary. The “Unit/process Operating Characteristics That Are Not Inputs to Emission Equations” data category.

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## Page 49 of 117 EPA is proposing to assign 23 subpart I data elements to the “Unit/process Operating Characteristics That Are Not Inputs to Emission Equations” data category because they are characteristics of the abatement systems and other equipment, the facility conditions, and the products manufactured that vary over time with changes in operations and processes (and are not inputs to emission equations). Thirteen of these data elements are part of extension requests for the use of BAMM and generally relate to the reasons for a request and expected dates of compliance. Ten are part of the annual GHG report and are listed here:



## • Annual manufacturing capacity of a facility as determined in Equation I-5.



## • For facilities that manufacture semiconductors, the diameter of wafers manufactured at a facility.



## • Film or substrate that was etched/cleaned and the feature type that was etched. (Proposed as CBI)



## • Certification that the recipes included in a set of similar recipes are similar.



## • When you use factors for fluorinated GHG process utilization and by-product formation rates other than the defaults provided in Tables I-3, I-4, I-5, I-6, and I-7 and/or N 2 

## O utilization factors other than the defaults provided in Table I-8, certification that the measurements for all reported recipe-specific utilization and by-product formation rates and/or facility-specific N2O utilization factors were made in accordance with the International SEMATECH #06124825A– ENG (incorporated by reference, see 40 CFR 98.7), or the International SEMATECH #01104197A– XFR (incorporated by reference, see 40 CFR 98.7) if measurements were made prior to January 1, 2007.

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## Page 50 of 117



## • Destruction and removal efficiency measurement records for abatement system through which fluorinated GHGs or N 2 

## O flow at your facility over its in-use life.



## • Certification that the abatement system is installed, maintained, and operated according to manufacturer specifications.



## • The fluorinated GHG and N 2 

## O in the effluent stream to the abatement system in the class for which you are reporting controlled emissions.



## • The total number of abatement systems in that abatement system class for the reporting year. (Proposed as CBI)



## • The total number of abatement systems for which destruction or removal efficiency was measured in that abatement system class for the reporting year. (Proposed as CBI) 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. (Three of these are part of the annual GHG report and are indicated in the parentheses in the bulleted lists above and four are part of BAMM use extension requests.) EPA is proposing to determine that the remaining three data elements in this data category are

not CBI. EPA proposes to determine that three of the 10 annual GHG report data elements in this category are CBI. Specifically, EPA proposes to determine that the “film or substrate that was etched/cleaned and the feature type that was etched” data element (40 CFR 98.96(f)(2)) is CBI

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## Page 51 of 117 because the release of this information would likely cause substantial harm to the competitive position of reporters. Plasma etching, wafer cleaning, and chamber cleaning are three manufacturing processes used in the electronics manufacturing industry. The data element required by 40 CFR 98.96(f)(2) is equivalent to a description of the specific processes (e.g., type of film or chamber cleaning processes, feature type etched) employed by the reporter in the manufacturing of products. Each subpart I facility carefully guards this information because it provides insight into the reporter’s process flow and process efficiencies that minimize product defects. If this information on the etching and cleaning processes were to be revealed, a competitor could undercut the competitive advantage that the reporter has gained by developing these efficiencies. Therefore, EPA finds that releasing the “film or substrate that was etched/cleaned and the feature type that was etched” data element would likely result in substantial competitive harm, and EPA proposes to determine

that this information will be treated as confidential

business information. EPA also proposes to determine that the total number of abatement systems in an abatement system class ((40 CFR 98.96(q)(5)(i)) is CBI because the release of this

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## Page 52 of 117 information coupled with emission data would likely cause substantial competitive harm to reporters. EPA finds that information relating to the number of abatement systems at the facility (e.g., 20) coupled with the fraction of gas used by tools with abatement systems (e.g., 10 percent) can be used to reverse-engineer the number of tools at the facility (e.g., 20/0.1 = 200). Information on the type and number of tools at the facility coupled with production capacity could then enable competitors to reverse-engineer the reporter’s approximate manufacturing cost ($/wafer produced) using the competitor’s own tool operating costs. Disclosure of this type of cost information has the potential to undermine competition within the industry

because it could allow competitors to ascertain the relative strength of their market position and to identify sources of competitive advantage (or disadvantage) among competitors. This could encourage weaker competitors to leave the industry prematurely or lead stronger competitors to adopt anticompetitive practices (such as predatory pricing) in an effort to force out weaker competitors. Therefore, EPA proposes to determine that this information be protected as confidential. The data element related to the fraction of gas used by tools with abatement systems (e.g., 10 percent) is

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## Page 53 of 117 required to be reported under the GHG Reporting Program at 40 CFR 98.96(n), and it was assigned to the “Inputs to Emission Equations” data category in the Final Deferral. Consistent with existing Part 98 regulations and EPA’s regulatory actions to date, inputs to emission equations are required to be reported in future years. As explained in Section II.B of this preamble, EPA is not making any confidentiality determinations for inputs to equations at this time. However, should EPA determine in the future that inputs to equations are not entitled to confidential treatment, EPA finds that releasing information on the number of abatement systems would likely result in substantial competitive harm if that information is used in combination with inputs to emission equations. As a result, EPA is proposing to determine that information relating to the inventory of all abatement systems and the number of abatement systems by manufacturer will be treated

as confidential business information. The “total number of abatement systems for which destruction or removed efficiency was measured in that abatement system class for the reporting year” data element refers to the statistical sample size of abatement systems that the reporter analyzed in order to determine with sufficient statistical confidence the efficiency of all

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## Page 54 of 117 like abatement systems in that class. Subpart I specifies that 20 percent of the total number of abatement systems must be analyzed every year. Therefore, a competitor could use statistical sample size data to determine the total number of abatement systems at the facility. Since EPA proposes that the total number of abatement systems is CBI, as described above, EPA finds that the statistical sample size of abatement systems would likely cause substantial competitive harm if revealed and is, therefore, proposed to

be treated as CBI. EPA proposes to determine that the other seven data elements in the “Unit/process Operating Characteristics That Are Not Inputs to Emission Equations” data category that are part of the annual GHG report are not CBI. EPA

finds that disclosure of the wafer size and the annual manufacturing capacity of a facility by EPA would not likely cause substantial competitive harm to reporters. This information is already publicly available through the

World Fab Forecast 6 

## , a subscription-based report containing in-depth analysis down to the detail of each fab [or facility] in the semiconductor industry. The Forecast is published and updated quarterly by SEMI, the global industry association serving the manufacturing supply

6 

### http://www.semi.org/en/Store/MarketInformation/fab database/ctr_027238

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## Page 55 of 117 chains for the microelectronic, display and photovoltaic industries. EPA notes, however, that the Final CBI Rule that applies to the data elements in other subparts did not

finalize a CBI determination for data elements on production capacity assigned to the “Unit/process Static Characteristics That Are Not Inputs to Emission Equations” data category. For that final rule, EPA reviewed the available capacity information and determined that while those capacity data elements are generally publicly available, there may be facilities for which this data is not public. EPA is now proposing that the “annual manufacturing capacity of a subpart L facility” data

element not be treated as confidential because it is already publicly available, but EPA seeks comment on whether similar conditions apply in this case.

The data element related to the measurement records of destruction and removal efficiency consists of records of measurements that the reporter has taken of the abatement system efficiency over its in-use life in order to assess the validity of the efficiency claims made by the abatement

device manufacturer at the time of sale. This is limited to information about the performance of the abatement systems and does not include information about the operating conditions around the abatement system or the

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## Page 56 of 117 manufacturing tool to which it is attached. Destruction efficiency information would not likely cause substantial competitive harm if released because it does not provide any insight into novel, proprietary production methods that may have been developed by the reporter. Therefore, EPA proposes that this destruction efficiency information does not qualify for protection as CBI. It will be considered

to be non-CBI.

The “fluorinated GHG and N 2 

## O in the effluent stream to the abatement system in the class for which you are reporting controlled emissions” data element describes the type of gas(es) exiting the manufacturing tool and entering

the abatement device. This data element does not include information on the quantity of gas(es) produced or on the manufacturing tool that produces the gas(es). The type of fluorinated gas in the effluent stream would not likely cause substantial competitive harm if released because it does not provide any insight into the costs of producing semiconductors at the facility or any novel production methods that may have been developed by the reporter to improve manufacturing efficiencies, reduce manufacturing costs, or improve product performance. Therefore, EPA proposes that this effluent stream data element does not

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## Page 57 of 117 qualify for protection as CBI. Therefore, EPA proposes to

determine that this data element is non-CBI. Finally, EPA finds that releasing the three certification data elements would not likely cause competitive harm because certification statements and documents are general in nature, do not provide any insight into the design or operation efficiencies of the plant, and do not reveal other information (e.g., market share, ability to increase production to meet new increases in demand, price structures) that would likely result in substantial competitive harm. Moreover, EPA certification statements consist only of the language that EPA publicly provides in the data reporting tool and do not include any facility- or process-specific information that could be considered proprietary. Therefore, EPA proposes to determine that these three data elements do not qualify for protection as CBI, and finds them to be non-CBI. EPA proposes to determine that four of the 13 data elements included in BAMM use extension requests qualify for protection as CBI because their disclosure would likely cause substantial harm to the reporters’ competitive positions. (Each data element and its proposed category assignment are listed by data category in the Memorandum entitled “Docket EPA-HQ-OAR-2011-0028 Memo A.”) Three of

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## Page 58 of 117 these data elements reveal the reason for requesting a BAMM extension and the overall 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, which 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 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 CBI. We also propose to find that a fourth data element (40 CFR 98.94(a)(4)(ii)(D)) qualifies as CBI. This data element divulges when an owner or operator will be able to attain data, equipment, or measurements to comply with reporting requirements. This data element could reveal

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## Page 59 of 117 information about the installation date of equipment and the date of anticipated startup. This could provide sensitive information regarding future process shutdowns or capacity increases, and likely would cause substantial competitive harm if disclosed because competitors could use this information to anticipate and potentially benefit from future increases or decreases in product supply. For example, a competitor able to anticipate the shutdown or the increase in capacity of a reporter’s facility and resulting decrease or increase in product supply could use this information to attract customers from a reporter by increasing its own production or by adjusting the price of its own products. EPA proposes to determine that the remaining nine data elements included in BAMM use extension requests do not 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, two of these data elements are descriptions of how the facility will prepare to meet requirements at the end of the BAMM period. These data elements do not contain detailed information, such as process diagrams and operational information or any other

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## Page 60 of 117 information that would give insight for competitors to gain an advantage over the reporter. 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 finds that these are not data elements the disclosure of which would likely cause substantial competitive harm and do not qualify for protection as CBI. EPA proposes to determine that these data elements 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 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 61 of 117 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 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 62 of 117 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 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

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## Page 63 of 117 “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 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 bydata 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 64 of 117 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 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

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## Page 65 of 117 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 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

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## Page 66 of 117 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 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

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## Page 67 of 117 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 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 process (and are not inputs to emission equations). These

three data elements are:



## • Nameplate capacity of equipment containing sulfur hexafluoride (SF 6 

## ) 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

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## Page 68 of 117 volume of SF 6 

## 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 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 Distributers 7 

## , 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

7 

### http://www.platts.com/Products/electricpowerproduc erdirectory

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## Page 69 of 117 over the reporter. Because this information is publicly available, EPA proposes to determine that these dataelements 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. 4. Subpart RR - Geologic Sequestration of Carbon Dioxide. 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:

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## Page 70 of 117



## • “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 CO 2 

## in the maximum monitoring area and the likelihood, magnitude, and timing, of surface leakage of CO 2 

## through these pathways; a strategy for detecting and quantifying any surface leakage of CO 2 

## ; a strategy for establishing the expected baselines for monitoring CO 2 

## surface leakage; and a summary of theconsiderations 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).



## • 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 CO 2 

## 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 CO 2 

## stream is not expected to migrate in the future in a manner likely to result in surface leakage. For these five data elements, EPA

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## Page 71 of 117 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 willvary 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 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 articles 8 

## . 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

8 

### For example, see papers from the International Con ference on Greenhouse Gas Control Technologies

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## Page 72 of 117 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

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 CO 2 

## , including a discussion of all methodologies and technologies involved in detecting

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## Page 73 of 117 and quantifying the surface leakages and any assumptions and uncertainties involved in calculating the amount of CO 2 

## 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 considered these options, we ultimately determined that this data element provides the methodologies, technologies, and assumptions used by reporters to calculate the mass of

CO 2 

## 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.

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## Page 74 of 117 5. 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.” C. GHG Supplier Data Categories For supplier subparts QQ, RR, and UU 9 

## , 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

9 

### 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 categor ies based on its type and characteristics. EPA placed all subpart U U data elements into the supplier source category based on their type an d characteristics.

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## Page 75 of 117 seven 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 Characteristics”), EPA evaluated the individual data elements in the seven 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.

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## Page 76 of 117 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 Composition” data category because the GHG reported is also the product being imported or exported. 10



## • 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 identityand mass of the fluorinated GHGs within the closedcell foam: total mass in metric tons of CO 2 

## e of the fluorinated GHGs imported/exported in closed-cell foams.

10 

### Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.

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## Page 77 of 117 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

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 identityand 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 CO 2 

## e contained in the foam in each appliance.



## • If the importer/exporter does not know the identity and mass of the fluorinated GHGs within the closed-

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## Page 78 of 117 cell 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 identityand mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not imported/exported inside of appliances, the mass in CO 2 

## e of the fluorinated GHGs in the foam.



## • If the importer/exporter does not know the identityand 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 consideredCBI. 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

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## Page 79 of 117 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 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

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## Page 80 of 117 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.



## • If the importer/exporter does not know the identityand 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 identityand 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.

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## Page 81 of 117 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 inthe 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. 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

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## Page 82 of 117 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. 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

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## Page 83 of 117 Quantities and Composition” data category because the GHG reported is also the product being used as a throughput. 11



## • If you receive CO 2 

## by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 

## received (metric tons) annually.



## • If you receive CO 2 

## in containers, report: The net mass of CO 2 

## received (in metric tons) annually.



## • If you use more than one receiving flow meter, report the total net mass of CO 2 

## received (metric tons) through all flow meters annually.



## • For each injection flow meter (mass or volumetric), report: the mass of CO 2 

## injected annually.



## • Total CO 2 

## injected during the reporting year as calculated in Equation RR-6.



## • For each separator flow meter (mass or volumetric), report: CO 2 

## mass produced (metric tons) annually.



## • Annual CO 2 

## produced in the reporting year, as calculated in Equation RR-9.



## • Annual CO 2 

## sequestered in the subsurface geologic formations in the reporting year, as calculated by Equation RR-11 or RR-12.



## • Cumulative mass of CO 2 

## 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 CO 2 

## produced and used as throughput at the site. Note that nine of the data elements in this specific

11 

### Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.

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## Page 84 of 117 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.



## • For submissions in support of an R&D project exemption from reporting under subpart RR: planned annual CO 2 

## injection volumes during this time period.



## • If a volumetric/mass flow meter is used to receive CO 2 

## , 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 CO 2 

## , 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 CO 2 

## , report the following unless you reported yes to 40 CFR 98.446(a)(4) of this section: CO 2 

## concentration in the flow in each quarter.



## • If you receive CO 2 

## in containers, report: The mass (in metric tons) or volume at standard conditions (in standard cubic meters) of contents in containers in each quarter.

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## Page 85 of 117



## • If you receive CO 2 

## in containers, report: The concentration of CO 2 

## of contents in containers (volume or weight percent CO 2 

## expressed as a decimal fraction) in each quarter.



## • If you receive CO 2 

## 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: CO 2 

## concentration in flow (volume or weight percent CO 2 

## 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: CO 2 

## concentration in flow (volume or weight percent CO 2 

## expressed as a decimal fraction) in each quarter.



## • If a volumetric/mass separator flow meter is used, volumetric/mass flow rate at standard conditions in each quarter.



## • The entrained CO 2 

## in produced oil or other fluid divided by the CO 2 

## separated through all separators in the reporting year (weight percent CO 2 

## 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 86 of 117 Six of the data elements are facility-level and flow meter-level information on the quantity of CO 2 

## 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 CO 2 

## injection is not likely to cause substantial competitive harm to the reporter, and EPA proposes to

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 CO 2 

## produced. The reporters that are required to include this information in their annual reports inject CO 2 

## 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 CO 2 

## is then produced with oil and gas. State oil and gas conservation agencies in all States where enhanced oil and gas recovery is occurring

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 87 of 117 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 CO 2 

## injection is published in the biannual Oil & Gas Journal Enhanced Oil Recovery survey. 12 

## 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 CO 2 

## production information does not provide additional insight into any aspect of operations the 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 CO 2 

## sequestered in the subsurface geologic formations in the reporting year, as calculated by Equation RR-11 or RR-12.

These values are calculated from CO 2 

## injection, production, and emission data using a mass balance approach. As discussed above in this section, CO 2 

## injection and CO 2

12 

### Worldwide Enhanced Oil Recovery Survey. 2010. Oil and Gas Journal, Volume 108, Issue 14.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 88 of 117 production data are already publicly available. In addition, CO 2 

## emission data are emission data and must be made publicly available. As a result, the quantity of CO 2 

## 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 CO 2 

## 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. Twelve of the data elements are facility-level and flow meter-level information on the quantity of CO 2 

## received. None of the data elements on CO 2 

## received

includes information on CO 2 

## prices or contract terms, such

as information on the concentration of other incidental

substances in the CO 2 

## 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 89 of 117 Moreover, as an example, for a facility where the CO 2 

## received is wholly injected and is not mixed with any other supply of CO 2 

## , such as a geologic sequestration project at a deep saline formation, the reporter may report the quantity

of CO 2 

## injected as the quantity of CO 2 

## 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 CO 2 

## 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 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 CO 2 

## source.



## • For submissions in support of a research and development (R&D) project exemption from reporting under subpart RR: The planned duration of CO 2 

## 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 90 of 117



## • 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 CO 2 

## received according to the following categories: CO 2 

## production wells, electric generating unit, ethanol plant, pulp and paper mill, natural gas processing, gasification operations, other anthropogenic source, CO 2 

## received from a discontinued enhanced oil and gas recovery project, and unknown.



## • For each injection flow meter, report the location of the flow meter.



## • 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 91 of 117 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 into the costs of sequestering CO 2 

## 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 92 of 117 Partnership projects that it funds. 13 

## 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 CO 2 

## received identifies the type of source that supplied the facility

with CO 2 

## in the reporting year, such as an ethanol plant.

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

CO 2 

## to the reporter, or the amount of CO 2 

## provided by each supplier. This data element does not include information

on CO 2 

## 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

13 

### http://www.netl.doe.gov/technologies/carbon_seq/par tnerships/RCSP_Proje ctDescriptions.html

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 93 of 117 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

CO 2 

## 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 94 of 117 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. 14



## • If you receive CO 2 

## by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 

## received (metric tons) annually.



## • If you receive CO 2 

## in containers, report: The net total mass of CO 2 

## received (in metric tons) annually.



## • If you use more than one receiving flow meter, report the net total mass of CO 2 

## received (metric tons) through all flow meters annually. 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 CO 2 

## 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

14 

### Where a data element is included in more than one data category, we are proposing the same CBI determination for that d ata element in both categories.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 95 of 117 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 CO 2 

## by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 

## : Volumetric/mass flow through a receiving flow meter at standard conditions in each quarter.



## • If you receive CO 2 

## by pipeline, report the following for each flow meter: If a volumetric/mass flow meter is used to receive CO 2 

## : 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 CO 2 

## by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 

## : CO 2 

## concentration in the flow in each quarter.



## • If you receive CO 2 

## 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 CO 2 

## in containers, report: The concentration of CO 2 

## of contents in containers (volume or weight percent CO 2 

## expressed as a decimal fraction) in each quarter.



## • If you receive CO 2 

## 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 96 of 117 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 CO 2 

## received.

None of the data elements on CO 2 

## received includes

information on CO 2 

## prices or contract terms, such as

information on the concentration of other incidental

substances in the CO 2 

## 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 CO 2 

## received is wholly injected and is not mixed with any other supply of

CO 2 

## , such as a geologic sequestration project at a deep saline formation, the reporter may report the quantity of

CO 2 

## injected as the quantity of CO 2 

## 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 CO 2 

## received would not likely result in

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 97 of 117 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 CO 2 

## received according to the following categories: CO 2 

## 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 CO 2 

## received identifies the type of source that supplied the facility

with CO 2 

## in the reporting year, such as an ethanol plant.

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

CO 2 

## to the reporter, or the amount of CO 2 

## provided by each supplier. This data element does not include information

on CO 2 

## 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 CO 2 

## received is not likely to cause

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 98 of 117 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 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 99 of 117 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 seven subparts. 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 100 of 117 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 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 101 of 117 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 Proposed New Data Elements in Subparts II and TT The Technical Corrections proposal includes proposed amendments to 47 data elements in subparts FF, II, OO, and TT, including revising 17 data elements that are not inputs to equations and adding six data elements that are not inputs to equations. As explained in Section II.D of this preamble, the proposed revisions to the 17 non-input data elements do not change the information to be collected and therefore 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 six proposed new non-input data elements. These new data elements are proposed to be added to subparts II and TT. We are proposing to categorize two of the six 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 102 of 117 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).

EPA is proposing to categorize four of the six 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 103 of 117

• 

## 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. 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 six 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 104 of 117 a detailed rationale for why they may be assigned incorrectly and in which data category they belong. V. Proposed Deferral of Inputs to Emission Equations for Subparts FF and TT and Amendment to Table A-6 Of the 47 subpart FF, II, OO, and TT data elements that are addressed in the Technical Corrections proposal, 24 are inputs to emission equations. Of these, 21 are 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 proposed revisions do not affect the Final Deferral. For the remaining three inputs, however, which are in subpart TT, the proposed 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 proposed in the Technical Correction proposal. Of the 24 inputs to emission equations addressed in the Technical Corrections proposal, 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 105 of 117 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). 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 proposed 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 proposed inputs to Table A-6 to require their reporting by March 31, 2013.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 106 of 117 In the Technical Corrections proposal, we propose to add 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 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

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## Page 107 of 117 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 seven 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 EPA have been assigned the following OMB control numbers: 2060-0650, for subparts I, 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:

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 108 of 117 (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. 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 109 of 117 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. 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.

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## Page 110 of 117 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. 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 111 of 117 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. 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 112 of 117 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.

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

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## Page 113 of 117 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 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 AddressEnvironmental 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,

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## Page 114 of 117 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 level of protection provided to human health or the environment. This action addresses only reporting and recordkeeping procedures.

## Page 115 of 117

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.

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## Page 116 of 117 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 D ata E lements 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 CH 4 

### 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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## Page 117 of 117

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements 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 

## * * * * * * *From: Lisa Grogan-McCulloch/DC/USEPA/US To: "Higgins, Cortney" < Cortney_Higgins@omb.eop.gov > Cc: Anhar Karimjee/DC/USEPA/US@EPA Date: 11/22/2011 02:16 PM Subject: Re: FW: Tribal NSR Documents Cortney,

Attached is the clean final version of the rule as well as a summary of what was changed after OMB concluded its review. Please let me know if you need any additional infor mation. Thanks a lot for your help on this. Best, Lisa (See attached file: CBI Track 2 Note for OMB 11-22- 11.doc) (See attached file: EO12866_GHGRP_Part_98_2060_AQ70 _NPRM_11-16-2011_clean.docx) Lisa Grogan-McCulloch Climate Change Division, USEPA Phone: (202) 343-9743 Email: Grogan-McCulloch.Lisa@epa.gov From: "Higgins, Cortney" < Cortney_Higgins@omb.eop.gov > To: Lisa Grogan-McCulloch/DC/USEPA/US@EPA Date: 11/22/2011 10:25 AM Subject: FW: Tribal NSR Documents Hi Lisa, Here’s an example of the previous documentation we uploaded for a rule that changed after we concluded. If you can gen erate something similar for the CBI rule, along with a clean final version and send that to me, we can get it uploaded into the system. Please give me a call if you have any questions. Regards, Cortney [attachment "Tribal NSR Note for OMB 6-6-11.doc" de leted by Lisa Grogan-McCulloch/DC/USEPA/US] [attachment "TribalNS RRules_06-06-11.doc" deleted by Lisa Grogan-McCulloch/DC/USEPA/US]From: "Higgins, Cortney" < Cortney_Higgins@omb.eop.gov > To: Lisa Grogan-McCulloch/DC/USEPA/US@EPA Date: 11/23/2011 10:25 AM Subject: RE: CBI Track 2 Rule

Hi Lisa, The files have been uploaded into our system. Plea se move ahead with signature. Have a Happy Thanksgiving! Cheers, Cortney -----Original Message----- From: Grogan-McCulloch.Lisa@epamail.epa.gov [ mailto:Grogan-McCulloch.Lisa@epamail.epa.gov] Sent: Wednesday, November 23, 2011 10:14 AM To: Higgins, Cortney Subject: CBI Track 2 Rule

Hi Cortney, Would it be possible to let me know once this is al l set? I'm not sure I'll get notified within EPA since OMB has already formally concluded its review. Thanks again for all the help.

Lisa

_____________________________ Lisa Grogan-McCulloch Climate Change Division, USEPA Phone: (202) 343-9743 Email: Grogan-McCulloch.Lisa@epa.gov(Attached File: CBI Track 2 Note for OMB 11-22-11.d oc): From email from Lisa Grogan-McCulloch to Cortn ey Higgins on 11/22/2011 at 02:16 PM 

## Proposed Edits to OMB-cleared Version of Proposed **Rule “Proposed Confidentiality Determinations for 6 Subparts and Proposed Amendmen**  **ts to Table A-6 in Subpart A under the Mandatory Reporting of Greenhouse Gases R**  **ule (SAN 5525, Tier 3, RIN**  **2060-AQ70) 11/22/11** 

OMB officially concluded their review of the propos ed CBI Rule on September 15, 2011. Since then, there have been several actions to amen d Part 98. To avoid confusion for the regulated community and other stakeholders, we have amended this proposed rule to reflect these changes to Part 98. Below is a s ummary of the changes EPA made to the OMB-cleared proposed Rule.

• Confidentiality determinations for two source categories, Electronics Manufacturing (Subpart I) and Petroleum and Natural Gas Sy stems (Subpart W) have been removed from this action. These were removed because these two source categories are currently in the process of being amended. Once the amendments (which have been proposed) are finalized, EPA w ill propose confidentiality determinations in separate actions.

• In subpart TT (Industrial Waste Landfills), a proposed co nfidentiality determination was added for one data reporting element. Thi s reporting element was added to Part 98 in a final rule signed on November 9, 2011. The preamble text was also changed slightly to acknowledge the Novemb er 9 action.

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## 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 XX, 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 XX, 2011 final rule. EPA is also

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## Page 2 of 97 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 XX, 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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## Page 3 of 97



## • 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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## Page 4 of 97 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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## Page 5 of 97 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: GHGMRR@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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## Page 6 of 97 BAMM Best Available Monitoring Methods CAA Clean Air Act CEMS continuous emission monitoring system CO 2 

## 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 N 2 

## O 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 SF 6 

## sulfur hexafluoride UIC Underground Injection Control UMRA Unfunded Mandates Reform Act of 1995 U.S. United States WWW Worldwide Web

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## Page 7 of 97 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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## Page 8 of 97 J. Executive Order 12898: Federal Actions to AddressEnvironmental 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 XX, 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 XXXXX; hereinafter referred to as the “Technical Corrections final rule”). In

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## Page 9 of 97 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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## Page 10 of 97 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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## Page 11 of 97 the Technical Corrections final rule (76 FRXXXXX). 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 XXXXX). 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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## Page 12 of 97 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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## Page 13 of 97 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 (CO 2 

## ) enhanced oil and gas recovery projects, acid gas injection projects, geologicsequestration 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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## Page 14 of 97 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. CO 2 

## Enhanced Oil and Gas Recovery Projects 211 Oil and gas extraction projects using CO 2 

## enhanced recovery.

Acid Gas Injection Projects 211111

or 211112 Projects that inject acid gas

containing CO 2 

## underground.

Geologic Sequestration Projects N/A CO 2 

## 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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## Page 15 of 97 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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## Page 16 of 97 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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## Page 17 of 97 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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## Page 18 of 976207-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 CO 2 

## 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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## Page 19 of 97 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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## Page 20 of 97 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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## Page 21 of 97 “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 dataelements 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 UU 1 

## 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 sin gle subpart (subpart RR); however, as a result of public comments on sub part RR, EPA moved all definitions, requirements, and procedures for f acilities conducting only CO 2 

### injection (without geologic sequestration) into a new subpart (subpart UU). Subpart RR retained all definitions, requirements, and procedures related to facilities conducting geologi c sequestration.

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## Page 22 of 97 (75 FR 74774), and subparts RR and UU (75 FR 75060). As explained in Section II.D of this preamble, on November XX, 2011, we published the Technical Corrections final rule that included, among other things, revisions to some subpart RR data elements (76 FR XXXXX). 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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## Page 23 of 97 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.

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## 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

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## 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 e xtended to September 30, 2011. See 76 FR 14812 (March 18, 2011).

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## 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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## Page 27 of 97 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.

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## Page 28 of 97 D. How does the Technical Revisions Final Rule affect this

action? On, November XX, 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 XXXXX). 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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## Page 29 of 97 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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## Page 30 of 97 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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## Page 31 of 97 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

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## 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 categories 3 

## 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 ad dress data elements in the “Inputs to Emission Equations” data category . For data elements in these seven subparts that are assigned to the “I nputs to Emission Equations” category, please see the Memorandum enti tled “[Docket EPAHQ-OAR-2011-0028 Memo B].”

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## 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 specificcomments 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

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## 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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## Page 35 of 97 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 Data a 

## Data That

Are Not Emission Data and Not CBI Data That

Are Not Emission Data But Are CBI b 

## 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 

## X c



## Unit/Process Operating Characteristics that are Not Inputs to Emission Equations X c 

## X c

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## Page 36 of 97

Data Category Confidentiality Determination for Data Elements in Each Category

Emission Data a 

## Data That

Are Not Emission Data and Not CBI Data That

Are Not Emission Data But Are CBI b 

## 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” i s defined at 40 CFR 2.301(a)(2)(i). b 

### Section 114(c) of the CAA affords confidential tre atment 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 Data a 

## Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b 

## GHGs Reported X c 

## X c 

## Production/ Throughput Quantities and Composition X c 

## X c



## Identification Information X Unit/Process Operating Characteristics X c 

## X c

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## Page 37 of 97

Data Category Confidentiality Determinations for Data Elements in Each Category

Emission Data a 

## Data That Are

Not Emission Data and Not CBI Data That Are

Not Emission Data But Are CBI b 

## 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” i s defined at 40 CFR 2.301(a)(2)(i). b 

### Section 114(c) of the CAA affords confidential tre atment 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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## Page 38 of 97 For direct emitter subparts L, DD, RR 4 

## , 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 suppl ier source category. For the purposes of this action, EPA placed each su bpart RR data element into one of the two categories based on its type and characteristics. 5 

### As mentioned above, EPA determined that data eleme nts in these two categories are not “emission data” under CAA sectio n 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 a pply to data elements in these six subparts assigned to those ca tegories through this rulemaking.

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## 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

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## 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

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## 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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## Page 42 of 97 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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## Page 43 of 97 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 bydata 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

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## 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

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## 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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## Page 46 of 97 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

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## Page 47 of 97 process (and are not inputs to emission equations). These

three data elements are:



## • Nameplate capacity of equipment containing sulfur hexafluoride (SF 6 

## ) 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 SF 6 

## 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

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## 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 Distributers 6 

## , 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 dataelements 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/electricpowerproduc erdirectory

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## 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 CO 2 

## in the maximum monitoring area and the likelihood, magnitude, and timing, of surface leakage of CO 2 

## through these pathways; a strategy for detecting and quantifying any surface leakage of CO 2 

## ; a strategy for establishing the expected baselines for monitoring CO 2 

## surface leakage; and a summary of theconsiderations 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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## Page 50 of 97



## • 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 CO 2 

## 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 CO 2 

## 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 willvary 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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## Page 51 of 97 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 articles 7 

## . 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 Con ference on Greenhouse Gas Control Technologies

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 52 of 97 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 CO 2 

## , 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 CO 2 

## 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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## Page 53 of 97 considered these options, we ultimately determined that this data element provides the methodologies, technologies, and assumptions used by reporters to calculate the mass of

CO 2 

## 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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## Page 54 of 97 C. GHG Supplier Data Categories For supplier subparts QQ, RR, and UU 8 

## , 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 categor ies based on its type and characteristics. EPA placed all subpart U U data elements into the supplier source category based on their type an d characteristics.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 55 of 97 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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## Page 56 of 97 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 identityand mass of the fluorinated GHGs within the closedcell foam: total mass in metric tons of CO 2 

## e 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 d ata element in both categories.

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## Page 57 of 97 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 identityand 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 CO 2 

## e contained in the foam in each appliance.



## • If the importer/exporter does not know the identityand 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 identityand mass of the fluorinated GHGs within the closedcell foam: For closed-cell foams that are not imported/exported inside of appliances, the mass in CO 2 

## e of the fluorinated GHGs in the foam.



## • If the importer/exporter does not know the identityand 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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## Page 58 of 97CBI. 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 59 of 97 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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## Page 60 of 97



## • If the importer/exporter does not know the identityand 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 identityand 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 inthe 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.

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## 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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## Page 62 of 97 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 CO 2 

## by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 

## received (metric tons) annually.



## • If you receive CO 2 

## in containers, report: The net mass of CO 2 

## received (in metric tons) annually.



## • If you use more than one receiving flow meter, report the total net mass of CO 2 

## received (metric tons) through all flow meters annually.



## • For each injection flow meter (mass or volumetric), report: the mass of CO 2 

## injected annually.



## • Total CO 2 

## 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 d ata element in both categories.

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## Page 63 of 97



## • For each separator flow meter (mass or volumetric), report: CO 2 

## mass produced (metric tons) annually.



## • Annual CO 2 

## produced in the reporting year, as calculated in Equation RR-9.



## • Annual CO 2 

## sequestered in the subsurface geologic formations in the reporting year, as calculated by Equation RR-11 or RR-12.



## • Cumulative mass of CO 2 

## 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 CO 2 

## 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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## Page 64 of 97



## • For submissions in support of an R&D project exemption from reporting under subpart RR: planned annual CO 2 

## injection volumes during this time period.



## • If a volumetric/mass flow meter is used to receive CO 2 

## , 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 CO 2 

## , 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 CO 2 

## , report the following unless you reported yes to 40 CFR 98.446(a)(4) of this section: CO 2 

## concentration in the flow in each quarter.



## • If you receive CO 2 

## 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 CO 2 

## in containers, report: The concentration of CO 2 

## of contents in containers (volume or weight percent CO 2 

## expressed as a decimal fraction) in each quarter.



## • If you receive CO 2 

## 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: CO 2 

## concentration in flow (volume or weight percent CO 2 

## 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: CO 2 

## concentration in flow (volume or weight percent CO 2 

## expressed as a decimal fraction) in each quarter.

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## Page 65 of 97



## • If a volumetric/mass separator flow meter is used, volumetric/mass flow rate at standard conditions in each quarter.



## • The entrained CO 2 

## in produced oil or other fluid divided by the CO 2 

## separated through all separators in the reporting year (weight percent CO 2 

## 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 CO 2 

## 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 CO 2 

## injection is not likely to cause substantial competitive harm to the reporter, and EPA proposes to

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## Page 66 of 97 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 CO 2 

## produced. The reporters that are required to include this information in their annual reports inject CO 2 

## 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 CO 2 

## 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 CO 2 

## 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 CO 2 

## 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## 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 CO 2 

## sequestered in the subsurface geologic formations in the reporting year, as calculated by Equation RR-11 or RR-12.

These values are calculated from CO 2 

## injection, production, and emission data using a mass balance approach. As discussed above in this section, CO 2 

## injection and CO 2 

## production data are already publicly available. In addition, CO 2 

## emission data are emission data and must be made publicly available. As a result, the quantity of CO 2 

## 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 CO 2 

## 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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## Page 68 of 97 Twelve of the data elements are facility-level and flow meter-level information on the quantity of CO 2 

## received. None of the data elements on CO 2 

## received

includes information on CO 2 

## prices or contract terms, such

as information on the concentration of other incidental

substances in the CO 2 

## 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 CO 2 

## received is wholly injected and is not mixed with any other supply of CO 2 

## , such as a geologic sequestration project at a deep saline formation, the reporter may report the quantity

of CO 2 

## injected as the quantity of CO 2 

## 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 CO 2 

## received would not likely result in substantial competitive harm, and EPA proposes to determine

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## Page 69 of 97 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 CO 2 

## source.



## • For submissions in support of a research and development (R&D) project exemption from reporting under subpart RR: The planned duration of CO 2 

## 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 CO 2 

## received according to the following categories: CO 2 

## production wells, electric generating unit, ethanol plant, pulp and paper mill, natural gas processing, gasification operations, other anthropogenic source, CO 2 

## 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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## Page 70 of 97



## • 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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## Page 71 of 97 into the costs of sequestering CO 2 

## 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 CO 2 

## received identifies the type of source that supplied the facility

with CO 2 

## in the reporting year, such as an ethanol plant.

12 

### http://www.netl.doe.gov/technologies/carbon_seq/par tnerships/RCSP_Proje ctDescriptions.html

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## Page 72 of 97 This data element does not include information that would identify a specific facility or company that supplies the

CO 2 

## to the reporter, or the amount of CO 2 

## provided by each supplier. This data element does not include information

on CO 2 

## 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 73 of 97

CO 2 

## 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 CO 2 

## by pipeline, report the following for each receiving flow meter: Total net mass of CO 2 

## received (metric tons) annually.



## • If you receive CO 2 

## in containers, report: The net total mass of CO 2 

## received (in metric tons) annually.



## • If you use more than one receiving flow meter, report the net total mass of CO 2 

## 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 d ata element in both categories.

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## Page 74 of 97

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 CO 2 

## 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 CO 2 

## by pipeline, report the following for each receiving flow meter: If a volumetric/mass flow meter is used to receive CO 2 

## : Volumetric/mass flow through a receiving flow meter at standard conditions in each quarter.



## • If you receive CO 2 

## by pipeline, report the following for each flow meter: If a volumetric/mass flow meter is used to receive CO 2 

## : 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 CO 2 

## by pipeline, report the following for each receiving flow meter: If a volumetric/mass

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 75 of 97 flow meter is used to receive CO 2 

## : CO 2 

## concentration in the flow in each quarter.



## • If you receive CO 2 

## 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 CO 2 

## in containers, report: The concentration of CO 2 

## of contents in containers (volume or weight percent CO 2 

## expressed as a decimal fraction) in each quarter.



## • If you receive CO 2 

## 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 CO 2 

## received.

None of the data elements on CO 2 

## received includes

information on CO 2 

## prices or contract terms, such as

information on the concentration of other incidental

substances in the CO 2 

## 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 CO 2 

## received is wholly injected and is not mixed with any other supply of

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## Page 76 of 97

CO 2 

## , such as a geologic sequestration project at a deep saline formation, the reporter may report the quantity of

CO 2 

## injected as the quantity of CO 2 

## 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 CO 2 

## 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 CO 2 

## received according to the following categories: CO 2 

## 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 CO 2 

## received identifies the type of source that supplied the facility

with CO 2 

## in the reporting year, such as an ethanol plant.

This data element does not include information that would

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 77 of 97 identify a specific facility or company that supplies the

CO 2 

## to the reporter, or the amount of CO 2 

## provided by each supplier. This data element does not include information

on CO 2 

## 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 CO 2 

## 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 78 of 97 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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## Page 79 of 97 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 80 of 97 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 81 of 97 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).

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 84 of 97 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).

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 85 of 97 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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## Page 86 of 97 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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## Page 87 of 97 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 88 of 97 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.

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 89 of 97 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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## Page 90 of 97 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.

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## 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.

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## 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## 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 AddressEnvironmental 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## 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.

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## 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 D ata E lements 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 CH 4 

### 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

### *** E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

## Page 97 of 97

Subpart Rule Citation (40 CFR

part 98) Specific D ata E lements 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 

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