Vol. 78 Wednesday, 

No. 176 September 11, 2013 

Part IV 

Environmental Protection Agency 

40 CFR Part 98 

Revisions to Reporting and Recordkeeping Requirements, and Proposed 

Confidentiality Determinations Under the Greenhouse Gas Reporting 

Program; Proposed Rule 

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55994 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2010–0929; FRL–9801–2] 

RIN 2060–AQ81 

Revisions to Reporting and 

Recordkeeping Requirements, and 

Proposed Confidentiality 

Determinations Under the Greenhouse 

Gas Reporting Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing 

amendments to reporting and 

recordkeeping requirements and an 

alternative verification approach for the 

Greenhouse Gas Reporting Program. 

This action addresses concerns about 

the potential release of certain data that 

are inputs to emission equations for 

which the reporting deadline was 

deferred until March 31, 2015 while 

maintaining the EPA’s ability to verify 

emissions and ensure compliance with 

the Greenhouse Gas Reporting Program. 

In addition, the EPA is proposing 

confidentiality determinations for the 

newly proposed data elements in this 

action. 

DATES: Comments. Comments must be 

received on or before November 12, 

2013. 

Public Hearing. The EPA will hold a 

public hearing on this proposed rule if 

requested. Requests for a hearing must 

be made by September 18, 2013. Contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section by 

September 18, 2013 to request a public 

hearing. If a hearing is requested, the 

EPA will announce the details, 

including specific dates, times, 

addresses and contact information for 

the hearing, in a separate Federal 

Register notice. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0929, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: 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–2010–0929, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, William Jefferson 

Clinton Building West, 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–2010– 

0929. The 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 email. 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–2010–0929. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov your email 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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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, William 

Jefferson Clinton Building West, Room 

B102, 1301 Constitution Ave. NW., 

Washington, DC. This Docket Facility is 

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

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER 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; email address: 

GHGreporting@epa.gov. For technical 

information, contact the Greenhouse 

Gas Reporting Rule Helpline at: http:// 

www.epa.gov/climatechange/emissions/

ghgrule_contactus.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 the 

EPA’s greenhouse gas reporting rule 

Web site at http://www.epa.gov/

climatechange/emissions/

ghgrulemaking.html. 

SUPPLEMENTARY INFORMATION: 

Additional Information on Submitting 

Comments: 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, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460, telephone (202) 

343–9263, email GHGReportingCBI@

epa.gov. 

Regulated Entities. This proposed rule 

revision on reporting and recordkeeping 

requirements and verification 

procedures would affect entities that 

must submit annual greenhouse gas 

(GHG) reports under the Greenhouse 

Gas Reporting Program (40 CFR part 98). 

The Administrator has determined that 

40 CFR part 98 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’’). Entities affected by this 

proposal are owners or operators of 

facilities that are direct emitters of 

GHGs, which include those listed in 

Table 1 of this preamble: 

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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 55995 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

General Stationary Fuel Combustion Sources.Facilities operating boilers, process heaters, incinerators, turbines, and internal combustion engines. 

321 Manufacturers of lumber and wood products. 

322 Pulp and paper mills. 

325 Chemical manufacturers. 

324 Petroleum refineries and manufacturers of coal products. 

316, 326, 339 Manufacturers of rubber and miscellaneous plastic products. 

331 Steel works, blast furnaces. 

332 Electroplating, plating, polishing, anodizing, and coloring. 

336 Manufacturers of motor vehicle parts and accessories. 

221 Electric, gas, and sanitary services. 

622 Health services. 

611 Educational services. 

325193 Ethyl alcohol manufacturing facilities. 

311611 Meat processing facilities 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

Adipic Acid Production ................... 325199 Adipic acid manufacturing facilities. 

Aluminum Production ..................... 331312 Primary aluminum production facilities 

Ammonia Manufacturing ................ 325311 Anhydrous and aqueous ammonia production facilities. 

Cement Production ......................... 327310 Portland Cement manufacturing plants. 

Ferroalloy Production ..................... 331112 Ferroalloys manufacturing facilities. 

Fluorinated GHG Production .......... 325120 Industrial gases manufacturing facilities. 

Glass Production ............................ 327211 Flat glass manufacturing facilities. 

327213 Glass container manufacturing facilities. 

327212 Other pressed and blown glass and glassware manufacturing facilities. 

HCFC–22 Production and HFC–23 

Destruction.

325120 Chlorodifluoromethane manufacturing facilities. 

Hydrogen Production ...................... 325120 Hydrogen production facilities 

Iron and Steel Production .............. 331111 Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, basic oxygen process furnace shops. 

Lead Production ............................. 331419 Primary lead smelting and refining facilities. 

331492 Secondary lead smelting and refining facilities. 

Lime Production ............................. 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. 

Nitric Acid Production ..................... 325311 Nitric acid production facilities 

Petrochemical Production .............. 32511 Ethylene dichloride production facilities. 

325199 Acrylonitrile, ethylene oxide, methanol production facilities. 

325110 Ethylene production facilities. 

325182 Carbon black production facilities. 

Petroleum and Natural Gas Systems 1.486210 Pipeline transportation of natural gas. 

221210 Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

Petroleum Refineries ...................... 324110 Petroleum refineries. 

Phosphoric Acid Production ........... 325312 Phosphoric acid manufacturing facilities. 

Pulp and Paper Manufacturing ...... 322110 Pulp mills. 

322121 Paper mills. 

322130 Paperboard mills. 

Silicon Carbide Production ............. 327910 Silicon carbide abrasives manufacturing facilities. 

Soda Ash Manufacturing ................ 325181 Alkalies and chlorine manufacturing facilities. 

212391 Soda ash, natural, mining and/or beneficiation. 

Titanium Dioxide Production .......... 325188 Titanium dioxide manufacturing facilities. 

Zinc Production .............................. 331419 Primary zinc refining facilities. 

331492 Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased metals. 

311411 Frozen fruit, juice and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

Wastewater Treatment 1 ................. 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. 

1The EPA is not proposing amendments related to these categories; however, these categories were evaluated in the EPA’s analysis of the 

potential impact from the release of inputs to emission equations for which reporting was deferred to March 31, 2015. Refer to Section 1.B of this 

preamble for further discussion of this evaluation. 

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55996 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

1Under this proposal, the inputs verification tool 

would not be required to be used by reporters for 

any reported GHG for which the reporter uses a 

CEMS or an EPA-approved alternative method (as 

allowed under sections 98.33(a)(5), 98.53(a)(2), and 

98.223(a)(2) of Part 98) to calculate the reported 

GHG value, rather than using ‘‘inputs to equations’’ 

data elements and the associated EPA-provided 

calculation methodologies to calculate the reported 

GHG value. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities and suppliers likely to be 

affected by this action. Types of 

facilities other than those listed in this 

table may also be affected by this action. 

To determine whether you are affected 

by this action, you should carefully 

examine the applicability criteria found 

in 40 CFR part 98, subpart A or the 

relevant criteria in the subparts. If you 

have questions regarding the 

applicability of this action to a 

particular facility or supplier, consult 

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

Many facilities that are affected by 40 

CFR part 98 have GHG emissions from 

multiple source categories listed in 

Table 1 of this preamble. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

BAMM Best Available Monitoring Methods 

CAA Clean Air Act 

CO2 carbon dioxide 

CBI confidential business information 

CEMS Continuous Emission Monitoring 

System 

CFR Code of Federal Regulations 

e-GGRT Electronic Greenhouse Gas 

Reporting Tool 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

GHG greenhouse gas 

GHGRP Greenhouse Gas Reporting Program 

HCFC–22 chlorodifluoromethane 

HFC hydrofluorocarbons 

HQ Headquarters 

ICR Information Collection Request 

MW megawatt 

NAICS North American Industry 

Classification System 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management & Budget 

RFA Regulatory Flexibility Act 

UMRA Unfunded Mandates Reform Act 

U.S. United States 

WWW Worldwide Web 

Table of Contents 

I. Executive Summary and Background 

A. Executive Summary 

B. Background 

C. Subparts Covered in this Proposed Rule 

D. Legal Authority 

II. Summary of Proposed Changes to Part 98 

Reporting and Recordkeeping 

Requirements 

A. Proposed Use of Inputs Verification 

Tool 

B. Proposed Revisions to Reporting of Data 

Elements Deferred until 2015 

C. Proposed Changes to Recordkeeping 

Requirements 

D. Proposed New Data Elements to be 

Reported 

III. Rationale for Proposed Changes to 

Reporting and Recordkeeping 

Requirements 

A. Proposed Inputs Verification Tool and 

Amendment to Reporting Requirements 

B. Proposed Revisions to Recordkeeping 

Requirements 

C. Proposed Requirement to Report 

Additional Data 

IV. Confidentiality Determination for 

Proposed New Data Elements to be 

Reported 

V. Impacts of the Proposed Rule 

A. How were the costs of this proposed 

rule estimated? 

B. Additional Impacts of the Proposed 

Amendments 

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 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. Executive Summary and Background 

A. Executive Summary 

The Greenhouse Gas Reporting 

Program (GHGRP) collects greenhouse 

gas data from 41 source categories and 

currently has received 2 to 3 years of 

data from these sources. Greenhouse gas 

emissions from direct emitters are 

calculated using a variety of methods, 

including direct measurement, mass 

balance, and the use of emission factors. 

Reporters not using direct measurement 

must use equations to calculate 

emissions. The inputs to these emission 

equations often include process or 

production data that are specific to each 

facility’s operations. These inputs to 

emission equations play an important 

role in the EPA’s ability to verify 

facility-level emissions and ensure 

compliance with the program. 

On July 7, 2010, the EPA proposed 

confidentiality determinations for the 

majority of data elements required to be 

reported under the GHGRP, as well as 

for the majority of source categories 

covered by the program. In the July 7, 

2010 action, the EPA proposed that data 

elements categorized as ‘‘inputs to 

emission equations’’ are emission data. 

The CAA precludes ‘‘emission data’’ 

from being treated as confidential. 

Based on subsequent industry 

concerns regarding the potential release 

of data elements categorized as ‘‘inputs 

to emission equations,’’ the EPA 

deferred reporting of these data 

elements (see August 25, 2011 final 

action, 76 FR 53057) to allow the EPA 

to complete its evaluation of the 

potential impact from the public release 

of these data elements (see 76 FR 53060, 

August 25, 2011) and, if appropriate, to 

propose amendments to Part 98 (see 75 

FR 81355, December 27, 2010). Based on 

the analysis conducted, today’s action 

proposes amendments to reporting and 

recordkeeping requirements and an 

alternative verification approach for 

certain reporters subject to 24 subparts 

for which the reporting deadline for 

inputs to emission equations was 

deferred until 2015 and disclosure 

concerns have been identified. Proposed 

amendments include: 

• Adding a requirement for certain 

reporters under 24 subparts to use an 

EPA-provided inputs verification tool. 

For these subparts, the designated 

inputs to emission equations for which 

reporting was deferred to 2015 and 

disclosure concerns have been 

identified would be entered into the 

tool.1 The tool would calculate the 

emissions and perform electronic 

verification. The tool would not retain 

the entered inputs (i.e., the inputs 

would not be reported to EPA); instead, 

the tool would conduct certain checks 

(e.g., accuracy of the inputs) at the time 

of data entry and generate a verification 

summary. The verification summary, 

which would be accessible to the EPA 

once the annual report is submitted, 

would provide the EPA with 

information to conduct further 

verification if necessary. 

• For reporters required to use the 

inputs verification tool, changing the 

required format for maintaining records 

of these inputs to emission equations. 

• For reporters required to use the 

inputs verification tool, lengthening the 

record retention period from 3 to 5 years 

for all records maintained under Part 98 

(including subparts that do not require 

the use of the tool). 

• For certain reporters required to use 

the inputs verification tool, adding new 

data elements to be reported for the 

EPA’s verification purposes, and 

proposing confidentiality 

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2There are a small number of data elements 

(besides data elements categorized as ‘‘inputs to 

emission equations’’) for which we have not made 

a final confidentiality determinations because we 

concluded that a determination of confidentiality 

for the data element should be made on a case-bycase facility basis (according to individual 

circumstances of the facility). 

3Based on the same four-step process, we also 

evaluated all data elements for which reporting was 

deferred to March 31, 2013 (Table A–6 to Part 98) 

and took no further action. As a result, applicable 

facilities were required to report these data by April 

1, 2013. For a discussion of this evaluation, refer 

to the EPA’s memorandum ‘‘Summary of Evaluation 

of Greenhouse Gas Reporting Program (GHGRP) Part 

98 ‘‘Inputs to Emission Equations’’ Data Elements 

Deferred Until 2013’’ (December 17, 2012), available 

at http://www.epa.gov/ghgreporting/documents/

pdf/2012/documents/2013-inputs-memo.pdf. 

determinations for the new data 

elements proposed to be reported. 

• For reporters required to use the 

inputs verification tool, removing the 

requirement to report the inputs to 

emission equations for which reporting 

was deferred to 2015 and disclosure 

concerns have been identified, and 

requiring these data to be kept as 

records. 

Reporting requirements for inputs to 

equations for which disclosure concerns 

were not identified (and would still be 

useful to the EPA) are not proposed to 

be amended in this action. For these 

inputs to equations, the deferral would 

expire in March 2015, and the EPA 

would collect these data. 

The proposed changes in this action 

build on the EPA’s experience and 

success with electronic reporting and 

verification during the first 3 years of 

the GHGRP. By requiring the use of the 

inputs verification tool, which would 

calculate GHG emissions based on the 

inputs to the emissions equations, the 

EPA would have the ability to identify 

facilities that potentially reported 

emissions incorrectly. This, combined 

with additional verification checks of 

the inputs to emission equations that 

the inputs verification tool would 

conduct (during the process of reporters 

entering data into the inputs verification 

tool), would provide the EPA with 

information necessary to conduct 

further verification once the annual 

report is submitted. This alternative 

verification approach, including the 

changes to the recordkeeping 

requirements and additional reporting 

requirements, would provide an 

alternative to collecting certain data 

elements for which reporting was 

deferred to March 31, 2015 and 

disclosure concerns have been 

identified, while maintaining the EPA’s 

ability to verify data and ensure 

compliance with the GHGRP. 

B. Background 

On October 30, 2009, the EPA 

published the Greenhouse Gas 

Reporting Rule, 40 CFR part 98, 

requiring annual reporting of GHG data 

from a broad range of industry sectors 

(74 FR 56260). Under the Greenhouse 

Gas Reporting Rule and its subsequent 

amendments (hereinafter referred to as 

‘‘Part 98’’), the EPA requires annual 

reporting of data from certain facilities 

and suppliers above specified emission 

or quantity supplied thresholds. On July 

7, 2010 (75 FR 39094) and subsequent 

proposals (77 FR 1434, January 10, 

2012; and 77 FR 10434, February 22, 

2012), we proposed confidentiality 

determinations for the data elements 

required to be reported. The 

confidentiality of each reported data 

element was determined using a twostep approach: (1) Grouping data 

elements into 11 data categories (e.g., 

inputs to emission equations, emissions, 

and unit/process operating 

characteristics that are not inputs to 

emission equations for direct emitter 

source categories); and (2) making 

confidentiality determinations either 

categorically or on an individual data 

elements basis. Refer to both the July 7, 

2010 proposal (75 FR 39097) and the 

May 26, 2011 final rule (76 FR 30785— 

30786) for more detailed descriptions of 

this process. Refer to the May 26, 2011 

final rule also for a discussion of 

individual data element confidentiality 

determinations. We have finalized 

confidentiality determinations for data 

elements except those in the ‘‘inputs to 

emission equations’’ category (May 26, 

2011, 76 FR 30782; August 13, 2012, 77 

FR 48072; and August 24, 2012, 77 FR 

51477).2 For data elements in this 

category, we proposed that they meet 

the definition of ‘‘emission data’’ under 

40 CFR 2.301(a)(2)(i). Because emission 

data are not entitled to confidential 

treatment under section 114(c) of the 

Clean Air Act, we did not evaluate 

whether such data elements would 

qualify as CBI, including whether 

disclosure would likely cause 

substantial competitive harm to the 

reporting facilities (75 FR 39105 and 

39108, July 7, 2010). 

Following our proposal that data 

elements assigned to the ‘‘inputs to 

emission equations’’ category are not 

entitled to confidential treatment, we 

received numerous industry comments 

asserting that competitive harm would 

result from public release of many of 

these data elements. We determined that 

‘‘these concerns warranted an in-depth 

evaluation of the potential impact from 

the release of inputs to emission 

equations.’’ (76 FR 53060, August 25, 

2011). In a notice dated December 27, 

2010, we issued a call for information 

(75 FR 81354) requesting additional 

information to assist us in conducting 

our evaluation. To allow sufficient time 

to complete this evaluation through 

notice and comment, we deferred the 

reporting deadline for data elements 

assigned to the ‘‘inputs to emission 

equation’’ category. Reporting of certain 

of these data elements was deferred to 

March 31, 2013, as specified in Table 

A–6 to subpart A; and reporting of the 

remainder of these data elements was 

deferred to March 31, 2015, as specified 

in Table A–7 to subpart A (see the 

August 25, 2011 final rule, 76 FR 

53057). 

Our process for evaluating 

competitive harm was documented in 

the final deferral notice (76 FR 53057, 

August 25, 2011) and the accompanying 

memorandum entitled ‘‘Process for 

Evaluating and Potentially Amending 

Part 98 Inputs to Emission Equations’’ 

(Docket ID EPA–HQ–OAR–2010–0929). 

As discussed in the final deferral notice 

and memorandum, our evaluation 

involved a four-step process, as follows: 

• Step 1: Determine whether each 

data element assigned to the ‘‘inputs to 

emission equations’’ category is already 

publicly available. 

• Step 2: For data elements assigned 

to the ‘‘inputs to emission equations’’ 

category that are not publicly available, 

evaluate whether disclosure of the 

information is likely to result in 

substantial competitive harm. 

• Step 3: For data elements assigned 

to the ‘‘inputs to emission equations’’ 

category that are likely to cause 

substantial competitive harm if 

disclosed, evaluate potential alternative 

calculation methods. 

• Step 4: For data elements assigned 

to the ‘‘inputs to emission equations’’ 

category that are likely to cause 

substantial competitive harm if 

disclosed, evaluate potential alternative 

verification methods. 

Based on each step of the four-step 

evaluation process, an analysis of all 

data elements for which reporting was 

deferred to March 31, 2015 was 

conducted.3 The results of the analysis 

are documented in four memoranda, as 

follows: 

• ‘‘Evaluation of Public Availability 

of Inputs to Emission Equations for 

which Reporting was Deferred to March 

31, 2015.’’ 

• ‘‘Evaluation of Competitive Harm 

from Disclosure of ‘Inputs to Equations’ 

Data Elements Deferred to March 31, 

2015.’’ 

• ‘‘Evaluation of Alternative 

Calculation Methods.’’ 

• ‘‘Evaluation of Alternative 

Verification Approaches For 

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55998 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

Greenhouse Gas Reporting Rule 

Subparts for which Reporting of Inputs 

to Emission Equations was Deferred to 

March 31, 2015.’’ 

These memoranda are available in 

EPA docket ID No. EPA–HQ–OAR– 

2010–0929. Based on the results of these 

analyses, the EPA is proposing in 

today’s action to make certain 

amendments to Part 98. 

C. Subparts Covered in This Proposed 

Rule 

The proposed amendments affect all 

subparts listed in Table 2 of this 

preamble. Table 2 includes most of the 

subparts of Part 98 with inputs to 

emission equations for which the 

reporting deadline was deferred until 

2015. Subpart W (Petroleum and 

Natural Gas Systems), subpart II 

(Industrial Wastewater Treatment), and 

subpart C (only certain combustion 

units associated with certain electric 

generators connected and able to deliver 

power to the local or regional electric 

power grid, as specified in Table 2) are 

not included in Table 2 because none of 

the inputs to emission equations 

required to be reported by reporters in 

these source categories are being 

amended, as no disclosure concerns 

were identified. Subpart I is not 

included in Table 2 because reporting of 

inputs to emission equations under this 

subpart was addressed under a separate 

rulemaking proposed on October 16, 

2012 (77 FR 63538). Additionally, parts 

of these proposed rule amendments 

would affect subparts not listed in Table 

2. Specifically, for reporters subject to 

both a subpart listed in Table 2 and a 

subpart of Part 98 not listed in this 

table, the proposed revision to the 

recordkeeping duration would apply to 

the records required for all Part 98 

subparts (to which the reporter is 

subject). Refer to Sections II.C and III.B 

of this preamble for further discussion 

of this proposed amendment. 

TABLE 2—SUBPARTS AFFECTED BY THE PROPOSED AMENDMENTS1 2

Subpart 

C—General Stationary Fuel Combustion except Specified Stationary 

Fuel Combustion Sources Connected to Certain Electric Generators 

that are Connected and Able to Deliver Power to the Local or Regional Electric Power Grid 3

S—Lime Manufacturing. 

E—Adipic Acid Production U—Miscellaneous Uses of Carbonate. 

F—Aluminum Production V—Nitric Acid Production. 

G—Ammonia Manufacturing X—Petrochemical Production. 

H—Cement Production Y—Petroleum Refineries. 

K—Ferroalloy Production Z—Phosphoric Acid Production. 

L—Fluorinated Gas Production AA—Pulp and Paper Manufacturing. 

N—Glass Production BB—Silicon Carbide Production. 

O—HCFC–22 Production and HFC–23 Destruction CC—Soda Ash Manufacturing. 

P—Hydrogen Production EE—Titanium Dioxide Production. 

Q—Iron and Steel Production GG—Zinc Production. 

R—Lead Production TT—Industrial Waste Landfills. 

1 Certain proposed amendments affect other subparts not listed in this table as follows: for reporters subject to both a subpart listed in this 

table and a subpart of Part 98 not listed in this table, the proposed revision to the recordkeeping duration would apply to the records required for 

all Part 98 subparts to which the reporter is subject. 2 Under this proposal, the inputs verification tool would not be required to be used by reporters for any reported GHG for which the reporter 

uses a CEMS or an EPA-approved alternative method (as allowed under 40 CFR 98.33(a)(5), 98.53(a)(2), and 98.223(a)(2)) to calculate the reported GHG value, rather than using ‘‘inputs to equations’’ data elements and the associated EPA-provided calculation methodologies to calculate the reported GHG value. 3The stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common stacks) not affected by the 

proposed amendments include those meeting both of the following criteria: (1) The stationary fuel combustion source contains at least one combustion unit connected to a fuel-fired electric generator that has been granted access by the Public Utilities Commission to deliver power to the 

local or regional electric power grid (excluding generators connected to combustion units that are subject to 40 CFR part 98, subpart D); and (2) 

the stationary fuel combustion source is located at a facility for which the sum of the nameplate capacities for all such electric generators is 

greater than or equal to 1 megawatt electric output. Refer to Section III.A.3 of this preamble for a discussion of the EPA’s rationale for proposing 

that combustion units meeting these criteria not be affected by the proposed amendments. 

D. Legal Authority 

The EPA is proposing these rule 

amendments under its existing CAA 

authority provided in CAA section 114. 

As stated in the preamble to the 2009 

final GHG reporting rule (74 FR 56260, 

October 30, 2009), CAA section 

114(a)(1) provides the EPA broad 

authority to require the information 

proposed to be gathered by this rule 

because such data would inform and are 

relevant to the EPA’s carrying out a 

wide variety of CAA provisions. See the 

preambles to the proposed (74 FR 

16448, April 10, 2009) and final Part 98 

(74 FR 56260, October 30, 2009) for 

further information. 

In addition, pursuant to sections 114, 

301, and 307 of the CAA, the EPA is 

proposing confidentiality 

determinations for the new data 

elements proposed in this notice. 

Section 114(c) of the CAA requires that 

the EPA make publicly available 

information obtained under CAA 

section 114 except for information 

(excluding emission data) that qualifies 

for confidential treatment. The 

Administrator has determined that this 

action (Part 98 amendment and 

confidentiality determinations) is 

subject to the provisions of CAA section 

307(d). 

II. Summary of Proposed Changes to 

Part 98 Reporting and Recordkeeping 

Requirements 

The EPA is proposing revisions to the 

reporting and recordkeeping 

requirements in Part 98 and alternative 

verification procedures that would 

apply to certain reporters subject to any 

of the 24 subparts listed in Table 2 of 

this preamble. Section II.A of this 

preamble summarizes a proposed new 

requirement for these reporters if they 

use inputs to emission equations for 

which reporting was deferred to March 

31, 2015 (hereafter referred to as ‘‘inputs 

to equations’’ data elements) to calculate 

reported GHGs. Such reporters would be 

required to use an EPA-provided 

electronic inputs verification tool to 

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calculate emissions using ‘‘inputs to 

equations’’ data elements, allowing the 

EPA to complete electronic verification 

of reported GHG emissions data without 

the need to collect ‘‘inputs to equations’’ 

data elements for which disclosure 

concerns have been identified. Section 

II.B of this preamble summarizes the 

EPA’s proposal to remove, for these 

reporters, the requirement to report 

many ‘‘inputs to equations’’ data 

elements. Section II.C of this preamble 

summarizes proposed revisions to the 

recordkeeping requirements for these 

reporters. Section II.D of this preamble 

summarizes proposed new reporting 

requirements for these reporters. Section 

III of this preamble explains the 

rationale for the proposed amendments 

summarized in Sections II.A through 

II.D of this preamble. Section IV of this 

preamble presents the EPA’s proposed 

confidentiality determinations for 

proposed new data elements and the 

EPA’s rationale for these 

determinations. Section V of this 

preamble presents the cost and impacts 

associated with these proposed 

amendments. 

A. Proposed Use of Inputs Verification 

Tool 

The EPA is proposing that facilities 

subject to the subparts listed in Table 2 

of this preamble and that use ‘‘inputs to 

equations’’ data elements to calculate 

reported GHGs use an electronic inputs 

verification tool being developed by the 

EPA, which would calculate and verify 

GHG emissions. Refer to Section III.A.1 

of this preamble for a web-link to the 

EPA’s ‘‘pilot’’ inputs verification tool for 

one subpart of Part 98, available during 

the public comment period for this 

rulemaking. The ‘‘pilot’’ demonstrates 

how the tool would work within the 

EPA’s Electronic Greenhouse Gas 

Reporting Tool (e-GGRT), as well as the 

types of verification checks that would 

be conducted. The inputs verification 

tool would be deployed within e-GGRT 

and would be integrated without 

interrupting the current electronic 

reporting process. While reporters enter 

data into e-GGRT that are required to be 

reported in the annual report, reporters 

would also enter into e-GGRT (via the 

inputs verification tool) the ‘‘inputs to 

equations’’ data elements that the EPA 

is proposing to remove from the 

reporting requirements. The tool would 

use the entered ‘‘inputs to equations’’ 

data elements to calculate the equation 

outputs, conduct electronic verification 

checks on the ‘‘inputs to equations’’ 

data elements, and generate a 

verification summary. The tool would 

not retain the entered ‘‘inputs to 

equations’’ data elements for which the 

EPA is proposing that the reporting 

requirement be removed. Accordingly, 

the EPA would not have access to these 

‘‘inputs to equations’’ data elements. 

Instead, the EPA would rely on the 

verification summary, which would 

become accessible to the EPA when 

annual reports are submitted, as a first 

step for conducting verification once the 

annual report is submitted. 

Sources subject to multiple subparts 

under Part 98 would be required to use 

the inputs verification tool for only 

those subparts listed in Table 2 of this 

preamble. The EPA is proposing that 

reporters use this tool starting with 

reporting year 2014. Refer to Section 

III.A of this preamble for further 

discussion of this proposed 

requirement. 

This proposed requirement to use the 

inputs verification tool is specified in 40 

CFR 98.5, subpart A. Reporters would 

determine applicability under this new 

requirement based on a proposed new 

Table A–8 to Subpart A, which lists all 

calculation methods under Part 98 for 

which the inputs verification tool must 

be used. Reporters calculating reported 

GHGs using a calculation method 

specified in proposed Table A–8 would 

be required to enter into the inputs 

verification tool ‘‘inputs to equations’’ 

data elements that have been removed 

from the reporting requirements. 

B. Proposed Revisions to Reporting of 

Data Elements Deferred Until 2015 

The EPA is proposing to remove the 

reporting requirement for 440 ‘‘inputs to 

equations’’ data elements in the 

subparts listed in Table 2 of this 

preamble. Table 3 of this preamble 

provides a summary of how many data 

elements would be removed from 

reporting for each subpart. Refer to 

Table 1 in the memorandum ‘‘List of 

‘Inputs to Equations’ Data Elements 

Proposed Not To Be Reported’’ (refer to 

Docket ID No. EPA–HQ–OAR–2010– 

0929) for a complete list of these 440 

data elements. For all remaining ‘‘inputs 

to equations’’ data elements not 

represented in Table 3 of this preamble, 

the EPA is not amending these reporting 

requirements and would, therefore, let 

the deferral of these data elements 

expire on March 31, 2015. As a result, 

by March 31, 2015, all of the ‘‘inputs to 

equations’’ data elements for subpart W 

(Petroleum and Natural Gas Systems), 

subpart II (Industrial Wastewater 

Treatment), and the additional ‘‘inputs 

to equations’’ data elements for which 

reporting is not proposed to be removed 

as indicated in Table 3 of this preamble, 

would be reported for future reporting 

years and for all prior reporting years, 

including reporting year 2014. For a list 

of these ‘‘inputs to equations’’ data 

elements that would be reported, refer 

to Table 2 of the memorandum cited 

above. 

TABLE 3—SUBPARTS FOR WHICH REPORTING REQUIREMENTS ARE AMENDED

Subpart 

Number of ‘‘inputs to 

equations’’ data 

elements 

Number of ‘‘inputs to 

equations’’ data 

elements proposed not 

to be reported 

C—General Stationary Fuel Combustion Except Specified Stationary Fuel Combustion 

Sources Connected to Certain Electric Generators Connected and Able to Deliver Power 

to the Local or Regional Power Grid 2 ................................................................................. 1 26 1 26 

E—Adipic Acid Production ....................................................................................................... 21 11 

F—Aluminum Production ......................................................................................................... 29 29 

G—Ammonia Manufacturing ................................................................................................... 8 8 

H—Cement Production ............................................................................................................ 16 14 

K—Ferroalloy Production ......................................................................................................... 13 13 

L—Fluorinated Gas Production ............................................................................................... 55 46 

N—Glass Production ............................................................................................................... 3 3 

O—HCFC–22 Production and HFC–23 Destruction ............................................................... 15 12 

P—Hydrogen Production ......................................................................................................... 7 7 

Q—Iron and Steel Production ................................................................................................. 93 92 

R—Lead Production ................................................................................................................ 10 10 

S—Lime Manufacturing ........................................................................................................... 9 9 

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TABLE 3—SUBPARTS FOR WHICH REPORTING REQUIREMENTS ARE AMENDED—Continued 

Subpart 

Number of ‘‘inputs to 

equations’’ data 

elements 

Number of ‘‘inputs to 

equations’’ data 

elements proposed not 

to be reported 

U—Miscellaneous Uses of Carbonate .................................................................................... 6 6 

V—Nitric Acid Production ........................................................................................................ 21 6 

X—Petrochemical Production .................................................................................................. 21 21 

Y—Petroleum Refineries ......................................................................................................... 80 75 

Z—Phosphoric Acid Production ............................................................................................... 4 4 

AA—Pulp and Paper Manufacturing ....................................................................................... 31 28 

BB—Silicon Carbide Production .............................................................................................. 3 3 

CC—Soda Ash Manufacturing ................................................................................................ 10 4 

EE—Titanium Dioxide Production ........................................................................................... 2 2 

GG—Zinc Production ............................................................................................................... 8 8 

TT—Industrial Waste Landfills ................................................................................................. 3 3 

1 Includes one ‘‘inputs to equations’’ data element, 40 CFR 98.3(d)(3)(v), which is specified in subpart A of Part 98 and applies to only certain 

reporters under 40 CFR part 98, subpart C. 2The reporting requirements applicable to certain stationary fuel combustion sources (e.g., individual units, aggregations of units, common 

pipes, or common stacks) subject to 40 CFR part 98, subpart C remain the same under the proposed amendment. Subpart C would continue to 

require reporting of all applicable ‘‘inputs to equations’’ data elements for stationary fuel combustion sources that meet both of the following criteria: (1) The stationary fuel combustion source contains at least one combustion unit connected to a fuel-fired electric generator that has been 

granted access by the Public Utilities Commission to deliver power to the local or regional electric power grid (excluding generators connected to 

combustion units that are subject to 40 CFR part 98, subpart D); and (2) the stationary fuel combustion source is located at a facility for which 

the sum of the combined nameplate capacities for all such electric generators is greater than or equal to 1 megawatt electric output. Subpart C 

reporters would not report ‘‘inputs to equations’’ data elements for all other types of stationary fuel combustion sources subject to subpart C. 

In order to ease the burden for 

facilities, the EPA is proposing that the 

‘‘inputs to equations’’ data elements that 

are not being amended in this action 

(and therefore would be reported for 

reporting years prior to reporting year 

2014) be reported as part of the annual 

report for reporting year 2014. 

Specifically, when reporters prepare 

their reporting year 2014 annual report 

via e-GGRT, they would be required to 

include these ‘‘inputs to equations’’ data 

elements for reporting year 2014 as well 

as for all applicable previous reporting 

years. The annual report, including 

these ‘‘inputs to equations’’ data 

elements that would still be reported, 

would be submitted via e-GGRT. This 

proposed approach would prevent 

facilities from being required to revise, 

re-certify, and re-submit annual reports 

for each previous reporting year. 

C. Proposed Changes to Recordkeeping 

Requirements 

For each facility subject to a subpart 

listed in Table 2 of this preamble that 

uses ‘‘inputs to equations’’ data 

elements to calculate and report GHGs 

(i.e., subject to using the proposed 

inputs verification tool), the EPA is 

proposing that the facility retain all 

records, including records for subparts 

not subject to the inputs verification 

tool requirement, for 5 years, rather than 

the current 3-year record retention 

period. In other words, if any facility 

subject to using the proposed inputs 

verification tool is also subject to a 

subpart of Part 98 not listed in Table 2, 

we propose that records required for 

those other subparts also be maintained 

for the 5 years. For example, if such a 

facility is required to report under both 

subpart C (in Table 2) and subpart HH 

(not in Table 2), the facility would be 

required to maintain all records 

required under both subparts for 5 years 

following submittal of the annual report. 

The EPA is proposing that this 5-year 

record retention requirement begin with 

records for reporting year 2010. 

Additionally, we are proposing that, 

at the time a reporter subject to using 

the proposed inputs verification tool 

completes entry of all ‘‘inputs to 

equations’’ data elements into the tool, 

the reporter would be required to keep 

a file generated by the tool that lists the 

entered ‘‘inputs to equations’’ data 

elements. The reporter would be 

required to maintain a copy of the file 

as a record of the entered inputs. As 

currently required in 40 CFR 98.3(g), 

subpart A, this file may be maintained 

in electronic or hard copy format. As 

discussed above, this record would be 

required to be maintained for 5 years. 

Refer to Section III.B of this preamble 

for further discussion of these proposed 

recordkeeping requirements. 

D. Proposed New Data Elements To Be 

Reported 

The EPA is proposing that reporters 

subject to using the proposed inputs 

verification tool in subparts E, G, H, P, 

Q, S, V, X, Y, and AA of Part 98, be 

required to report the additional data 

elements listed per subpart in Table 4 of 

this preamble. Proposed confidentiality 

determinations for these proposed data 

elements are presented in Section IV of 

this preamble. 

TABLE 4—PROPOSED NEW DATA ELEMENTS FOR SUBPARTS E, G, H, P, Q, S, V, X, Y, AND AA OF PART 98 

Subpart Subpart name New data element description 

E .......... Adipic Acid Production ............... Annual quantity of cyclohexane fed to all production lines (metric tons). 

Annual percent N2O emission reduction for all production units combined. 

G .......... Ammonia Production .................. Annual ammonia production (metric tons). 

Annual methanol production (metric tons), if this quantity is not reported under subpart X. 

H .......... Cement Production ..................... Annual clinker production (metric tons). 

Annual average clinker CO2 emission factor for the facility, averaged across all kilns (metric tons 

CO2/metric ton clinker produced). 

Annual average cement kiln dust (CKD) CO2 emission factor for the facility, averaged across all 

kilns (metric tons CO2/metric ton CKD produced). 

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TABLE 4—PROPOSED NEW DATA ELEMENTS FOR SUBPARTS E, G, H, P, Q, S, V, X, Y, AND AA OF PART 98— 

Continued 

Subpart Subpart name New data element description 

P .......... Hydrogen Production .................. Name and annual quantity (metric tons) of each carbon-containing fuel and feedstock. 

Annual methanol production (metric tons), if this quantity is not reported under subpart X. 

Q .......... Iron and Steel Production .......... If you use the carbon mass balance method in 40 CFR 98.173(b)(1) to determine CO2 emissions: 

The annual mass (metric tons) of all gaseous, liquid, and solid fuels (combined) used in process 

units specified in Equations Q–1 through Q–7 of subpart Q, calculated as specified in a proposed new Equation Q–9 of subpart Q in the proposed rule amendments. Do not include fuel 

used in a stationary combustion unit where emissions are reported under subpart C. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) to determine CO2 emissions: 

The annual mass (metric tons) of all non-fuel material inputs (combined) specified in Equations 

Q–1 through Q–7 of subpart Q, calculated as specified in a proposed new Equation Q–10 of 

subpart Q in the proposed rule amendments. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) to determine CO2 emissions: 

The annual mass (metric tons) of all solid and liquid products and byproducts (combined) specified in Equations Q–1 through Q–7 of subpart Q, calculated as specified in a proposed new 

Equation Q–11 of subpart Q in the proposed rule amendments. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) to determine CO2 emissions: 

The weighted average carbon content of all gaseous, liquid, and solid fuels (combined) included 

in proposed new Equation Q–9 of subpart Q, calculated as specified in a proposed new Equation Q–12 of subpart Q in the proposed rule amendments. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) to determine CO2 emissions: 

The weighted average carbon content of all non-fuel inputs to all furnaces (combined) included 

in proposed new Equation Q–10 of subpart Q, calculated as specified in a proposed new Equation Q–13 of subpart Q in the proposed rule amendments. 

If you use the carbon mass balance method in 40 CFR 98.173(b)(1) to determine CO2 emissions: 

The weighted average carbon content of all solid and liquid products and byproducts from all 

furnaces (combined) included in a proposed new Equation Q–11 of subpart Q in the proposed 

rule amendments, calculated as specified in new Equation Q–14 of subpart Q. 

S .......... Lime Manufacturing .................... Annual quantity (metric tons) of lime product sold, by type. 

V .......... Nitric Acid Production ................. Annual percent N2O emission reduction for all production units combined. 

X .......... Petrochemical Production .......... If using the mass balance method or CEMS method to calculate GHG emissions: Name and annual quantity (in metric tons) of each carbon-containing feedstock. 

If using the mass balance method or CEMS method to calculate GHG emissions: Name and annual quantity (in metric tons) of each carbon-containing co-product. 

Y .......... Petroleum Refineries .................. Annual quantity of flare gas combusted (in MMscf per year) (only when using Equation Y–3 of 

subpart Y). 

Annual average molecular weight of flare gas combusted (in mmBtu per MMscf) (only when using 

Equation Y–3 of subpart Y). 

Annual average carbon content of flare gas combusted (expressed as a decimal fraction)(only 

when using Equation Y–3 of subpart Y). 

AA ........ Pulp and Paper Manufacturing .. For each pulp mill lime kiln: Quantity of calcium oxide (CaO) produced (metric tons). 

For each pulp mill lime kiln: Percent of annual heat input, individually for each fossil fuel type. 

For each chemical recovery furnace and chemical recovery combustion unit for which you are not 

using Equation C–2c of subpart C to calculate CO2 emissions: Annual mass of steam generated 

(lb steam), individually for each fossil fuel type and for spent liquor solids. 

For each chemical recovery furnace and chemical recovery combustion unit for which you are not 

using Equation C–2c of subpart C to calculate CO2 emissions: Ratio of the unit’s maximum 

rated heat input capacity to its design rated steam output capacity (mmBtu/lb steam), individually for each fossil fuel type and for spent liquor solids. 

III. Rationale for Proposed Changes to 

Reporting and Recordkeeping 

Requirements 

Based on the four-step evaluation 

described in Section I.B of this 

preamble, in particular the disclosure 

concerns discussed in ‘‘Step 2’’ of the 

evaluation and the alternatives 

considered in ‘‘Step 3’’ and ‘‘Step 4’’ of 

the evaluation to address those 

disclosure concerns, the EPA is 

proposing an alternative verification 

approach. This approach involves use of 

an inputs verification tool and revisions 

to the reporting and recordkeeping 

requirements of Part 98. The EPA’s 

rationale for this approach is presented 

in Sections III.A through C below. 

Section III.A addresses the proposed 

inputs verification tool and revisions to 

the requirement to report certain 

‘‘inputs to equations’’ data elements. 

Section III.B addresses the proposed 

revisions to recordkeeping 

requirements. Section III.C addresses 

the proposed addition of new reporting 

requirements. 

A. Proposed Inputs Verification Tool 

and Amendment to Reporting 

Requirements 

The EPA is proposing that facilities 

using ‘‘inputs to equations’’ data 

elements to calculate reported GHGs 

under the subparts listed in Table 2 of 

this preamble use an EPA-provided 

electronic inputs verification tool, 

which would calculate and verify GHG 

emissions. The inputs verification tool 

would be deployed within e-GGRT and 

integrated without interrupting the 

current electronic reporting process. 

Reporters would enter their ‘‘inputs to 

equations’’ data elements into the tool 

within the e-GGRT system along with 

the data required to be reported in the 

annual report (concurrent entry of 

‘‘inputs to equations’’ data elements and 

data required for the annual report 

would be required starting in reporting 

year 2014, as further discussed in 

Section III.A.2 of this preamble). As a 

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4Please see section III.A.3 of this preamble for a 

discussion on which ‘‘inputs to equations’’ data 

elements the EPA is proposing that the reporting 

requirements be removed. 

5Supplier subparts (subparts LL through PP of 

Part 98) apply to fossil fuel suppliers and industrial 

gas suppliers. The e-GGRT system currently 

calculates equation outputs for suppliers using 

reported equations inputs. Subpart MM reporters 

began using e-GGRT for reporting in Reporting Year 

2012. 

built-in feature of the e-GGRT system, 

the tool would use the entered ‘‘inputs 

to equations’’ data elements to calculate 

the equation outputs, conduct electronic 

verification checks on the ‘‘inputs to 

equations’’ data elements, and generate 

a verification summary. The tool would 

not retain the entered ‘‘inputs to 

equations’’ data elements for which the 

EPA is proposing that the reporting 

requirement be removed.4 Accordingly, 

unlike data currently reported to the 

EPA through e-GGRT, the EPA would 

not have access to these ‘‘inputs to 

equations’’ data elements. 

Any such sources subject to multiple 

subparts under Part 98 would be 

required to use the tool for only those 

subparts listed in Table 2 of this 

preamble, as discussed in the following 

section. 

1. Detailed Description of Inputs 

Verification Tool 

The EPA’s current verification 

approach consists of electronic 

verification checks followed by direct 

follow-up with facilities. For subparts 

where the reporting of inputs to 

emission equations has been deferred 

until 2015, these checks have been 

conducted using reported data other 

than inputs to emission equations (the 

reporting of which was deferred). For 

‘‘supplier’’ subparts 5 (and starting in 

reporting year 2012 for subparts with 

inputs to emission equations that were 

deferred until 2013), these checks have 

been conducted using reported data that 

include the data needed to calculate 

outputs of the equations. Reporters 

under the supplier subparts have been 

entering into e-GGRT the data needed to 

calculate the annual GHG quantities. 

For reporters under the direct emitter 

subparts listed in Table 2 of this 

preamble that are using ‘‘inputs to 

equations’’ data elements to calculate 

reported GHGs, the EPA is proposing to 

use an approach similar to that 

currently used for the supplier subparts, 

where ‘‘inputs to equations’’ data 

elements would be entered into the 

inputs verification tool within e-GGRT 

and used to calculate the annual GHG 

emission values and verify these 

emission values. The difference, 

however, is that these ‘‘inputs to 

equations’’ data elements would be 

entered into this new inputs verification 

tool within e-GGRT and would not be 

reported to the EPA. 

To access the inputs verification tool, 

reporters would log into e-GGRT. They 

would enter data elements required for 

the annual report as well as their 

‘‘inputs to equations’’ data elements. 

The tool would operate securely within 

e-GGRT, as a transient process, which 

means that ‘‘inputs to equations’’ data 

elements (for which the EPA is 

proposing that the reporting 

requirement be removed) entered into 

the tool would be temporarily saved in 

the tool while the reporter is actively 

using the tool, but would not be 

persisted (i.e., saved) within the e-GGRT 

database. The ‘‘inputs to equations’’ 

data elements would be discarded when 

the user’s session with e-GGRT ends. 

Refer to the memorandum ‘‘Technical 

Approach and Design for Inputs 

Verification Tool’’ (refer to Docket ID 

No. EPA–HQ–OAR–2010–0929) for a 

detailed description of EPA’s technical 

approach and design for the inputs 

verification tool. The memorandum 

describes how the inputs verification 

tool would use entered data only during 

the reporters’ e-GGRT session and 

would delete all records of entered data 

when the reporters exits the system. 

If the reporter exits the inputs 

verification tool prior to completing 

data entry or submitting their annual 

report, the tool would generate a file of 

entered ‘‘inputs to equations’’ data 

elements, and allow the reporter to 

download the file. This file could then 

be uploaded into the tool when the 

reporter next uses the tool to continue 

with data entry for the same reporting 

year. This would avoid facilities from 

needing to re-enter ‘‘inputs to 

equations’’ data elements that were 

entered in previous e-GGRT sessions. 

After the reporter enters the ‘‘inputs 

to equations’’ data elements into the 

inputs verification tool, the tool would 

calculate the annual GHG emissions 

values. The tool would use the 

following information in calculating 

these values: (1) ‘‘Inputs to equations’’ 

data elements (for which reporting 

under this action is proposed to be 

removed) entered into the tool, (2) 

‘‘inputs to equations’’ data elements 

entered into e-GGRT (not into the inputs 

verification tool) (refer to Section III.A.3 

of this preamble for a discussion of the 

‘‘inputs to equations’’ data elements that 

would still be reported under this 

proposal), (3) information entered into 

e-GGRT identifying which Part 98 

calculation method was selected (if 

applicable), and (4) the selected Part 98 

calculation method. Once the annual 

GHG emissions values are calculated, 

the values would be pre-filled into the 

appropriate reporting fields within eGGRT. Reporters would then have the 

opportunity to override the annual GHG 

emissions values calculated by the tool 

with their own calculated value. If the 

reporter chose to override the calculated 

value, this would be reflected in the 

verification summary. 

Prior to annual report submittal, the 

inputs verification tool would conduct a 

series of verification checks, including 

the following: 

• Verification checks on the annual 

GHG emission values calculated by the 

inputs verification tool. As mentioned 

above, reporters would have the 

opportunity to override and revise the 

value calculated by the tool; however 

should this occur, the tool would note 

a discrepancy, which would prompt the 

EPA for further review after the reporter 

submits the annual report. 

• Verification checks on entered 

‘‘inputs to equations’’ data elements. For 

example, the tool would check: (1) 

Whether all required data were entered; 

(2) whether entered ‘‘inputs to 

equations’’ data element values are 

within the expected ranges for the data 

elements; and (3) whether expected 

relationships exist between certain 

‘‘inputs to equations’’ data elements and 

certain other reported data elements 

(e.g., process raw material or throughput 

data that are not ‘‘inputs to equations’’ 

data elements). 

Some of these checks would be 

conducted as the reporter enters ‘‘inputs 

to equations’’ data elements (i.e., using 

‘‘real-time’’ checking), and other checks 

would be conducted after the reporter 

has entered all ‘‘inputs to equations’’ 

data elements, because some algorithms 

may compare certain ‘‘inputs to 

equations’’ data elements (e.g., 

production quantity) to GHG emission 

values at the subpart or facility level. 

Also, prior to submittal of the annual 

report, the inputs verification tool 

would generate a verification summary 

containing the results of the verification 

checks. The verification summary 

would specify whether any potential 

errors, as described above, were 

identified, without specifying the 

‘‘inputs to equations’’ data elements. 

The reporter would have an opportunity 

to review the verification summary and 

make necessary revisions to the entered 

‘‘inputs to equations’’ data elements and 

the reported data elements. 

For example, a facility subject to 

subpart G that manufactures ammonia 

using liquid and solid feedstocks is 

currently required under 40 CFR 

98.76(b)(1) to report annual CO2 process 

emissions for each ammonia 

manufacturing unit. Currently, the 

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reporter calculates this reported annual 

GHG emissions value outside of e-GGRT 

(e.g., using a calculator or computer 

software), using Equations G–2, G–3, 

and G–4 of Part 98, and monthly values 

for the following ‘‘inputs to equations’’ 

data elements: Quantity of liquid 

feedstock, quantity of solid feedstock, 

carbon content value for liquid 

feedstock, and carbon content value for 

solid feedstock. We are proposing that 

the reporter instead calculate this 

reported annual GHG emissions value 

using the inputs verification tool, which 

not only would use the same equations 

and data for calculation, but would also 

conduct verification checks, as follows: 

• The reporter would enter all 48 

‘‘inputs to equations’’ data elements into 

the inputs verification tool (i.e., 

monthly values for all four ‘‘inputs to 

equations’’ data elements). 

• The reporter would use the inputs 

verification tool to calculate annual CO2

process emissions. In calculating this 

value, the tool would use Equations G– 

2, G–3, and G–4 of Part 98 and the 48 

‘‘inputs to equations’’ data element 

entries. 

• Once the annual CO2 process 

emissions value is calculated, the inputs 

verification tool would automatically 

conduct verification checks on the 48 

entered ‘‘inputs to equations’’ data 

elements. For example, the tool might 

conduct the following checks: 

—Real-time checks that all 48 ‘‘inputs to 

equations’’ data elements were 

entered. 

—Real-time checks that each of the 12 

entered values for carbon content of 

liquid feedstock is within the 

expected range for carbon content of 

liquid feedstock (based on industrywide data). The tool would conduct 

similar comparisons for the 12 

entered ‘‘inputs to equations’’ data 

elements for the carbon content value 

for solid feedstock. 

—Algorithm check comparing each of 

the 12 entered values of the quantity 

of the liquid feedstock to all monthly 

values entered for the year, to 

determine if individual values are 

within an expected range established 

using all 12 values. The tool would 

conduct similar comparisons for the 

12 entered ‘‘inputs to equations’’ data 

elements for the quantity of solid 

feedstock. This type of check would 

be conducted after the reporter has 

entered all ‘‘inputs to equations’’ data 

elements. 

• Prior to annual report submittal, the 

inputs verification tool would 

automatically generate a verification 

summary, which would flag any 

potential errors, providing an 

opportunity for the reporter to review 

the verification summary and revise 

entered data. The verification summary 

would note if the reporter has 

overridden any of the annual GHG 

emissions values calculated by the tool. 

After the reporter completes all 

revisions to data entries, the tool would 

automatically re-generate the 

verification summary prior to annual 

report submittal. The EPA would access 

the verification summary (i.e., the same 

final summary viewed by the reporter) 

following annual report submittal and 

certification. 

• The inputs verification tool would 

also generate a file listing the entered 

‘‘inputs to equations’’ data elements (for 

which the EPA is proposing to remove 

the reporting requirements) to be kept 

by the reporter and maintained as a 

record in a format currently allowed 

under Part 98 (see 40 CFR 98.3(g), 

subpart A). Refer to Section III.B of this 

preamble for further discussion of this 

proposed amendment and the EPA’s 

rationale for requiring this record. 

The EPA has developed a ‘‘pilot’’ 

inputs verification tool for one subpart 

of Part 98, subpart X, which will be 

posted at http://www.epa.gov/

ghgreporting/reporters/training/

rulepilot.html, to demonstrate how the 

tool would work within e-GGRT, as well 

as the types of verification checks that 

would be conducted. The EPA seeks 

comment on the usability of the tool as 

well as its ability to conduct verification 

on the ‘‘inputs to equations’’ data 

elements. The EPA also seeks comment 

on additional approaches considered by 

the EPA for implementation of the 

inputs verification tool; refer to the 

memorandum ‘‘Evaluation of 

Alternative Verification Approaches for 

Greenhouse Gas Reporting Rule 

Subparts for which Reporting of Inputs 

to Emission Equations was Deferred to 

March 31, 2015’’ (refer to Docket ID No. 

EPA–HQ–OAR–2010–0929) for a 

description of these additional 

approaches considered. 

2. Rationale Supporting the Use of the 

Inputs Verification Tool as an 

Alternative to Collecting Certain ‘‘Inputs 

to Equations’’ Data Elements for 

Verification Purposes 

In the October 30, 2009 final rule (74 

FR 56282–56283), the EPA described its 

verification approach as the following 

two-step process: 

• Initial automated review of reported 

data, using an electronic data quality 

assurance program built into the data 

system, for use by reporters and the EPA 

to help assure the completeness and 

accuracy of data. 

• Based on the initial review results, 

follow up with facilities regarding 

potential errors, discrepancies, or 

questions, including on-site audits. 

The EPA is currently using the twostep verification process of automated 

verification checks followed by direct 

follow-up with facilities to verify data 

currently reported via e-GGRT. The EPA 

is proposing to supplement the current 

verification approach for facilities using 

‘‘inputs to equations’’ data elements to 

calculate reported GHGs under the 

subparts listed in Table 2 of this 

preamble using the additional checks 

that would be conducted by the inputs 

verification tool. During the first 3 years 

of the GHGRP, the EPA has had success 

developing and using an electronic 

reporting and verification system for all 

subparts reporting under the program. 

During reporting year 2010, the EPA 

developed approximately 1,400 

electronic verification checks to verify 

reported data. Based on these 

verification checks, the EPA followed 

up with approximately 2,360 of the 

approximately 6,700 facilities that 

reported in reporting year 2010, 

resulting in approximately 2,300 

facilities resolving verification issues by 

responding to the EPA and/or 

resubmitting their annual report. In 

reporting year 2011, the EPA 

programmed an additional 1,000 checks 

into e-GGRT for the subparts that were 

reporting for the second year, expanding 

the number of checks to 2,400. The EPA 

also programmed into e-GGRT, for 2011, 

approximately 1,300 checks for the 

newly-reporting subparts. During 

reporting year 2011, the EPA followed 

up with approximately 3,440 of the 

approximately 8,000 facilities that 

reported, resulting in approximately 

3,000 facilities resolving their 

verification issues. 

For example, for subpart H, the EPA 

verifies reported GHG emissions data 

using: (1) Reported cement production 

data and (2) publicly available industry 

data on GHG emissions. Using these 

data, the EPA has established ranges of 

acceptable production and emission 

values and set up algorithm checks for 

reported GHG emission values. 

The electronic checks used by the 

GHGRP have served as a means for the 

EPA to verify reported data while 

minimizing the burden on both the EPA 

and reporters. Electronic verification is 

a critical first step to ensuring the 

completeness and accuracy of reported 

data and reducing the costs of 

compliance monitoring. 

The inputs verification tool described 

in Section III.A.1 of this preamble 

utilizes the same approach that the EPA 

currently uses for calculating and 

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6For 23 of these ‘‘inputs to equations’’ data 

elements, we are proposing to remove the reporting 

requirement because, while there is not a disclosure 

concern, the EPA determined that these data 

elements would not be useful for data verification 

and would not inform future GHG policy 

development in the absence of other data elements 

for which we are proposing to remove the reporting 

requirement. See section III.A.3 of this preamble for 

additional discussion on this topic. 

7These 170 ‘‘inputs to equations’’ data elements 

include nine ‘‘inputs to equations’’ data elements in 

subpart L of part 98 that are not being addressed 

in this rulemaking because they will be addressed 

in a separate action related to subpart L. 

verifying data submitted for supplier 

subparts (and starting in reporting year 

2012, inputs to emission equations 

whose reporting deadline was deferred 

until 2013), except that e-GGRT would 

not retain the ‘‘inputs to equations’’ data 

elements entered into the tool. Once the 

annual report is submitted, the EPA 

would review the verification summary 

generated by the inputs verification tool, 

along with verification summaries that 

are currently generated using data 

currently collected through the annual 

report. By requiring use of the inputs 

verification tool, the EPA would have 

the additional certainty that reported 

annual GHG emissions values either 

were calculated correctly (because the 

values calculated by the tool were 

submitted to the EPA) or that the EPA 

would be made aware that there were 

discrepancies between values calculated 

by the tool and values submitted to the 

EPA. That additional certainty, 

combined with the additional 

information provided by the range and 

algorithm checks on the ‘‘inputs to 

equations’’ data elements themselves, 

would provide the EPA with 

information necessary to conduct 

further verification once the annual 

report is submitted. 

If a potential error with one of the 

‘‘inputs to equations’’ data elements or 

with an annual GHG emissions value 

were identified in the verification 

summary generated by the inputs 

verification tool, the EPA would likely 

follow up with the facility to determine 

whether an actual error has occurred. 

While this verification approach may 

result in more direct follow-up with 

facilities than if the ‘‘inputs to 

equations’’ data elements were 

submitted to the EPA, this approach 

would facilitate verification by 

identifying potential errors and 

minimizing the number of errors before 

annual reports are submitted. In 

addition, as discussed elsewhere in the 

preamble, the EPA is retaining the 

reporting requirement for ‘‘inputs to 

equations’’ data elements for which our 

four-step evaluation did not identify 

disclosure concerns and is proposing to 

require reporting of additional new data 

elements to assist the EPA’s verification 

effort. These ‘‘inputs to equations’’ data 

elements for which reporting would be 

retained and these proposed new 

reported data elements would allow the 

EPA to conduct additional verification 

and minimize the number of follow-ups 

with facilities. Lastly, for the reasons 

specified in Section III.B of this 

preamble, the EPA is proposing that 

facilities retain records for 5 years, 

which would allow the EPA time to 

perform any necessary follow-up with 

reporters. For the reasons stated above, 

the EPA has determined that the 

proposed verification approach would 

be adequate to verify the reported 

emissions for reporters using ‘‘inputs to 

equations’’ data elements to calculate 

reported GHGs under the subparts 

identified in Table 2 of this preamble 

and is a reasonable alternative to 

collecting ‘‘inputs to equations’’ data 

elements for which we have identified 

disclosure concerns. 

The EPA is proposing to require the 

use of the inputs verification tool 

starting with reporting year 2014. The 

inputs verification tool is designed to be 

used concurrently with annual reporting 

by facilities. By the time the EPA takes 

any final action on this proposed 

amendment, reporters would likely have 

already submitted annual reports for 

reporting years 2010 through 2013. 

While additional verification could be 

conducted on the past years’ data if the 

inputs verification tool were used for 

these years, given that most of the data 

would likely already have been 

published and that the use of best 

available monitoring methods (BAMM) 

for these sectors is relatively low during 

these years, the EPA has determined 

that the added benefit does not 

outweigh the burden that would be 

required for facilities to use the inputs 

verification tool for years prior to 

reporting year 2014. 

3. Reporting of 440 ‘‘Inputs to 

Equations’’ Data Elements Would Not 

Be Necessary With the Proposed 

Verification Approach 

The EPA is proposing to remove the 

reporting requirement for 440 ‘‘inputs to 

equations’’ data elements that are in the 

subparts listed in Table 2 of this 

preamble. With the proposed alternative 

verification approach described in 

Section III.A.2 of this preamble, the EPA 

would no longer need to rely on the 

collection of these ‘‘inputs to equations’’ 

data elements to verify emissions under 

those subparts. Not having these data 

elements reported would address 

concerns relative to potential disclosure 

of these data elements.6 These 440 data 

elements are specified in Table 1 of the 

memorandum ‘‘List of Inputs to 

Equations Data Elements Proposed Not 

To Be Reported’’ (refer to Docket ID No. 

EPA–HQ–OAR–2010–0929). 

The 440 ‘‘inputs to equations’’ data 

elements for which the EPA is 

proposing to remove the reporting 

requirement must be maintained on-site 

as records. Because Part 98 already 

requires these ‘‘inputs to equations’’ 

data elements to be kept as records (see 

40 CFR 98.3(g)(2), which states that ‘‘the 

data used to calculate the GHG 

emissions for each unit, operation, 

process, and activity, categorized by fuel 

or material type’’ must be kept as 

records), the EPA is not proposing in 

this action to specify each of the 440 

‘‘inputs to equations’’ data elements in 

the recordkeeping section of each 

subpart. The EPA considered whether 

specifying each of these ‘‘inputs to 

equations’’ data elements in the 

recordkeeping sections of each subpart 

would improve the clarity of the 

specific records that would be required 

to be retained. Because the EPA is 

proposing that the ‘‘inputs to equations’’ 

data elements that would not be 

reported must be kept as records in the 

format generated by the inputs 

verification tool (i.e., file for 

downloading or printing), the EPA 

determined that the data that must be 

kept as records would be sufficiently 

clear. The EPA seeks comment on 

whether additional specificity within 

the recordkeeping requirements of each 

subpart would improve the clarity of the 

specific records that are required to be 

retained. 

For the purposes of clarifying which 

data elements must be reported for 

previous reporting years 2010 through 

2013, we are proposing to revise Table 

A–7 to Subpart A to remove all 440 data 

elements for which reporting is 

proposed to be removed. The data 

elements that are not being removed 

from Table A–7 would continue to be 

reporting requirements, and would be 

reported for previous reporting years 

2010 through 2013, as appropriate. 

The EPA is retaining reporting of 170 

‘‘inputs to equations’’ data elements.7

Refer to Table 2 in the memorandum 

‘‘List of ‘Inputs to Equations’ Data 

Elements Proposed Not To Be Reported’’ 

(refer to Docket ID No. EPA–HQ–OAR– 

2010–0929) for a complete list of these 

170 data elements. The 170 ‘‘inputs to 

equations’’ data elements include 

certain ‘‘inputs to equations’’ data 

elements for the subparts listed in Table 

3 of this preamble, as well as all ‘‘inputs 

to equations’’ data elements for subparts 

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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 56005 

8Refers to stationary fuel combustion sources 

(e.g., individual units, aggregations of units, 

common pipes, or common stacks) subject to 

subpart C of Part 98 meeting both of the following 

criteria: (1) The stationary fuel combustion source 

contains at least one combustion unit connected to 

a fuel-fired electric generator that has been granted 

access by the Public Utilities Commission to deliver 

power to the local or regional electric power grid 

(excluding generators connected to combustion 

units that are subject to subpart D of this part); and 

(2) the stationary fuel combustion source is located 

at a facility for which the sum of the nameplate 

capacities for all such electric generators is greater 

than or equal to 1 megawatt electric output. 

C (only for specified stationary fuel 

combustion sources connected to 

certain electric generators that deliver 

power to the local or regional electric 

power grid),8 W, and II of part 98. For 

these ‘‘inputs to equations’’ data 

elements, the EPA is not amending 

these reporting requirements and would 

therefore let the deferral of these data 

elements expire on March 31, 2015. As 

a result, these ‘‘inputs to equations’’ 

data elements would be reported for 

future reporting years starting with 

reporting year 2014, as well as for 

previous reporting years (i.e., reporting 

years 2010 through 2013). Based on 

‘‘Step 2’’ of our evaluation described in 

Section I.B of this preamble, these data 

elements would not raise disclosure 

concerns. Having these data elements 

reported would allow the EPA to do 

additional verification, including 

conduct year-to-year comparisons, 

thereby reducing the amount of direct 

follow-up required with facilities. For 

the reason stated above, collecting these 

data elements, even in the absence of 

collecting all ‘‘inputs to equations’’ data 

elements, would aid in the verification 

process. 

The EPA identified 23 ‘‘inputs to 

equations’’ data elements for which 

disclosure concerns were not identified 

based on ‘‘Step 2’’ of our evaluation; 

however, the EPA is not retaining these 

reporting requirements. The EPA 

determined that these 23 data elements 

would not be useful for data verification 

and would not inform future GHG 

policy development in the absence of 

other ‘‘inputs to equations’’ data 

elements for which the reporting 

requirement is proposed to be removed 

under this action. Examples of these 23 

‘‘inputs to equations’’ include reporting 

the selected default molar volume 

conversion factor and reporting the 

units of measure of a site-specific 

emission factor. These ‘‘inputs to 

equations’’ are identified in the 

memorandum ‘‘List of ‘Inputs to 

Equations’ Data Elements Proposed Not 

To Be Reported’’ (refer to Docket ID No. 

EPA–HQ–OAR–2010–0929). 

Regarding the 170 retained ‘‘inputs to 

equations’’ data elements, for reporting 

year 2014 and thereafter, reporters 

would enter the 170 ‘‘inputs to 

equations’’ data elements for which we 

are retaining the reporting requirement 

into e-GGRT. Starting in reporting year 

2014, the e-GGRT system would retain 

these 170 data elements as part of the 

annual report and they would be 

accessible by the EPA once the reporter 

submits the annual report. In order to 

ease the burden on facilities, for 

reporting years prior to reporting year 

2014, the EPA is proposing that these 

reported ‘‘inputs to equations’’ data 

elements be submitted as part of the 

reporting year 2014 annual report. 

Specifically, when reporters prepare 

their reporting year 2014 annual report 

via e-GGRT, they would be required to 

include these ‘‘inputs to equations’’ data 

elements for reporting year 2014 as well 

as for all applicable previous reporting 

years. The annual report, including 

these ‘‘inputs to equations’’ data 

elements would be submitted via eGGRT. This approach would prevent 

facilities from being required to revise, 

re-certify, and re-submit annual reports 

for reporting years 2010, 2011, 2012, 

and 2013. 

The proposed revisions to the current 

reporting requirements would apply to 

all reporters subject to the subparts 

listed in Table 2 of this preamble, 

including subpart C, and using ‘‘inputs 

to equations’’ data elements to calculate 

reported GHGs. However, as noted in 

Table 2, we are not proposing to amend 

the reporting requirements for stationary 

fuel combustion sources subject to 

subpart C (e.g., individual units, 

aggregations of units, common pipes, or 

common stacks) that meet the following 

criteria: (1) The stationary fuel 

combustion source contains at least one 

combustion unit connected to a fuelfired electric generator that has been 

granted access by the Public Utilities 

Commission to deliver power to the 

local or regional electric power grid 

(excluding generators that are connected 

to combustion units subject to subpart 

D); and (2) the stationary fuel 

combustion source is located at a 

facility for which the sum of nameplate 

capacities for all such electric generators 

is greater than or equal to 1 megawatt 

electric output. The ‘‘inputs to 

equations’’ data elements for these 

stationary fuel combustion sources are 

among those that did not raise 

disclosure concerns under ‘‘Step 2’’ of 

our evaluation of the ‘‘inputs to 

equations’’ data elements (refer to 

Section I.B of this preamble for a 

discussion of the EPA’s four-step 

evaluation). Refer to the memoranda 

documenting ‘‘Step 2’’ of our 

evaluation, ‘‘Evaluation of Competitive 

Harm From Reporting 2015 Inputs to 

Equations’’ (Docket ID No. EPA–HQ– 

OAR–2010–0929), for further 

information on the results of the 

analysis for these stationary fuel 

combustion sources. 

Reporters currently reporting 

emissions for stationary fuel combustion 

sources under subpart C have the option 

to utilize one or more of the reporting 

options under subpart C that allow the 

grouping of stationary combustion units 

for the purpose of monitoring, 

calculating, and reporting emissions. 

The EPA recognizes that stationary 

combustion units grouped in these 

reporting configurations could include 

both combustion units associated with 

electric generators (excluding generators 

connected to combustion units subject 

to subpart D) (connected to the grid and 

not connected to the grid) and 

combustion units not associated with 

electric generators (excluding generators 

connected to combustion units subject 

to subpart D). In these cases where 

combustion units are grouped, the EPA 

has determined that there would be no 

disclosure concerns with reporting of 

‘‘inputs to equations’’ data elements for 

the grouped combustion units. In 

reporting combined data for multiple 

units including those associated with an 

electric generator and subject to 

reporting under this proposed action, no 

unit-specific data would be revealed. 

Furthermore, should a facility not wish 

to disclose aggregated data, it would 

have the option to calculate and report 

emissions using one of the individual 

unit reporting configurations. The EPA 

seeks comment on this conclusion. If 

you believe that there are any disclosure 

concerns, please provide detailed 

information about the concern, as well 

as whether reporting on an individual 

unit basis is a feasible reporting option. 

Additionally, the EPA is proposing to 

revise two paragraphs (40 CFR 

98.116(e)(6) and 40 CFR 98.186(b)(8)) 

that reference other paragraphs that 

include ‘‘inputs to equations’’ data 

elements proposed to be removed from 

Part 98. As a result, we are proposing to 

remove the cross reference while 

carrying over the substantive 

information in order to maintain the 

requirements in these paragraphs. 

The EPA requests comment on the 

proposed inputs verification tool and 

verification approach, and the 

associated revision to the current 

reporting requirements as described in 

this section. 

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56006 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

9The EPA has previously stated that a goal of 

collecting data under the GHGRP is to inform future 

GHG policy (refer to the April 10, 2009 proposed 

rule, 74 FR 16455). 

B. Proposed Revisions to Recordkeeping 

Requirements 

Given the proposed verification 

approach described in Section III.A of 

this preamble, the EPA considered 

whether the current record retention 

period and record format requirements 

would be sufficient to allow the EPA to 

perform data verification. We 

considered: 

• The time we would need to follow 

up with reporters to further verify 

reported GHG emissions. 

• The desirability of retaining 

multiple years of data records to allow 

for appropriate assessment of 

compliance and for analyses of trends 

for policy analysis purposes. 

• The format of records, and whether 

the current format would be adequate 

for our verification process. For 

example, we considered whether 

records of ‘‘inputs to equations’’ data 

elements contained in multiple separate 

documents (as currently allowed under 

Part 98) would allow an EPA inspector 

to efficiently analyze the consistency of 

the data elements and use the data 

elements to perform calculations to 

confirm reported GHG emissions. 

Because there may be more direct 

follow-up activities under this 

alternative verification approach, we are 

proposing to extend the record retention 

period from 3 to 5 years. We have 

determined that 5 years is reasonable 

given the large number of reporters 

under the subparts identified in Table 2 

of this preamble (over 2,000 facilities) 

and the likely increase in follow-up 

activities. It would be important that 

relevant records are available to the EPA 

for follow-up activities with facilities, 

including on-site audits if necessary, 

regarding potential errors, 

discrepancies, or questions. Should an 

EPA inspector visit a facility, it would 

be important to be able to examine not 

only the current year’s records but those 

from previous years as well, because 

previous years’ data would provide 

year-to-year comparisons, which are 

useful for verifying the current year’s 

data. A 5-year record retention period 

would ensure the availability of relevant 

records for the follow-up activities 

described above. The EPA is proposing 

that this 5-year record retention 

requirement begin with records for 

reporting year 2010, as discussed in 

Section III.A.2 of this preamble. 

For reporters subject to using the 

proposed inputs verification tool, the 

EPA is proposing to extend the record 

retention period not only for the 

subparts listed in Table 2 of the 

preamble, but also for other subparts 

that apply to reporters subject to a 

subpart in Table 2. Under this proposal, 

any such facility subject to both a 

subpart listed in Table 2 of this 

preamble and a subpart not listed in 

Table 2 would be required to maintain 

all records required under both subparts 

for a period of 5 years. For example, if 

a facility is required to use the proposed 

inputs verification tool under subpart C 

(in Table 2) and to report under subpart 

HH (not in Table 2), the facility would 

be required to maintain all records 

required under both subparts for 5 

years. The EPA is proposing these 

provisions for two reasons. First, the 

EPA determined that during a site visit, 

if questions arise regarding the accuracy 

of an ‘‘inputs to equations’’ data 

element, it may be necessary to examine 

other non-input recordkeeping 

information, such as a monitoring plan 

or recordkeeping information in a 

different subpart, in order to fully 

investigate the accuracy of the data. It is 

necessary to ensure that all data 

necessary for verification are available, 

and this proposed 5-year record 

retention period would provide better 

assurance of on-site data availability. 

Second, the EPA determined that 

maintaining multiple sets of data 

records according to different record 

retention periods could possibly cause 

confusion and result in recordkeeping 

errors. Providing the same record 

retention duration for all subparts, as 

proposed, would simplify 

recordkeeping and thereby minimize the 

chance for recordkeeping errors. 

In addition, the EPA is proposing 

revisions to the recordkeeping format 

for ‘‘inputs to equations’’ data elements. 

Currently, reporters have the option to 

maintain records of their ‘‘inputs to 

equations’’ data elements in one or more 

electronic or hard copy files. The 

proposed record format revision would 

require reporters to maintain an 

electronic or hard copy of the single file 

generated by the proposed inputs 

verification tool, listing all ‘‘inputs to 

equations’’ data elements entered into 

the tool. This proposed record format 

change would ensure that the EPA 

could readily access these data, enabling 

the EPA to quickly and efficiently 

perform calculations and data checks 

during site visits. All other records 

required under Part 98 would be 

maintained in the format currently 

required under Part 98. In combination 

with the proposed reporting 

requirements discussed in Sections III.A 

and C of this preamble, these proposed 

recordkeeping requirements would 

allow the EPA to adequately verify 

certain reported emissions without 

implicating the disclosure concerns 

discussed in the memorandum 

‘‘Evaluation of Competitive Harm For 

Reporting 2015 Inputs to Equations’’ 

(refer to Docket ID No. EPA–HQ–OAR– 

2010–0929). 

In amending 40 CFR part 98, subpart 

A to add these recordkeeping 

requirements, we are also correcting an 

error in the current version of 40 CFR 

98.3(g). In a previous action amending 

this paragraph (76 FR 73866, November 

29, 2011), our intention was to amend 

the second sentence of the paragraph 

regarding record retention duration; 

however, the third sentence regarding 

record format was inadvertently 

amended. To correct this error, we are 

proposing to remove the second 

sentence of 40 CFR 98.3(g) and to 

reinstate the previous third sentence of 

40 CFR 98.3(g) (regarding format of 

records). 

We seek comment on whether 5 years 

is the appropriate timeframe for 

maintaining records for facilities 

required to use the proposed inputs 

verification tool under a subpart listed 

in Table 2 of this preamble. In addition, 

we seek comment on the proposal to 

extend the record retention period for 

these reporters, not only for the subparts 

listed in Table 2 of the preamble, but 

also for other subparts that apply to 

these reporters. 

C. Proposed Requirement To Report 

Additional Data 

As part of our proposal to no longer 

require reporting of certain ‘‘inputs to 

equations’’ data elements, we are 

proposing to require that certain 

reporters using the proposed inputs 

verification tool also report the new data 

elements specified in Table 4 of this 

preamble. These additional data 

elements would allow the EPA to 

perform additional verification checks 

and minimize the number of follow-up 

activities. These data elements are 

quantities that provide information on 

the activity level at the facility, emission 

factors used, characteristics of carboncontaining streams, and other process 

information that would provide key 

information for verification, including 

confirming that emissions are 

appropriate for a given activity-level 

and estimating expected emissions 

based on data provided. These new data 

reporting elements would also enable 

the EPA to better understand the 

following aspects concerning reporters 

in order to inform future GHG policy: 9

(1) The GHG emission profile for the 

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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 56007 

reporter; (2) the relationship of GHG 

emissions to production output or raw 

material input within the industry 

sector; and (3) the factors influencing 

GHG emissions. 

The EPA is proposing to add six new 

equations (Equations Q–9 through Q–14 

of part 98) to subpart Q to specify how 

to calculate and report each of the six 

new data elements proposed to be 

added to subpart Q. Table 4 of this 

preamble specifies which equation 

number correlates with each new 

proposed data element. Refer to the 

proposed amendments for subpart Q for 

the proposed equations. 

The EPA is proposing confidentiality 

determinations for these proposed new 

data elements. Those new data elements 

determined to be confidential business 

information in a final rule would be 

afforded confidential treatment. Refer to 

the following Section IV of this 

preamble for the EPA’s proposed 

confidentiality determinations for the 

proposed new data elements. 

IV. Confidentiality Determination for 

Proposed New Data Elements To Be 

Reported 

The EPA is proposing confidentiality 

determinations for each new data 

element listed in Table 4 of this 

preamble. To make these 

determinations, the EPA proposes to use 

the same approach that the EPA 

previously used for the 2011 final CBI 

rule (76 FR 30782, May 26, 2011). 

Specifically, the EPA is proposing to 

assign each new data element listed in 

Table 4 of this preamble to one of 11 

direct emitter data categories, based on 

the type and characteristics of the data 

element. For a description of each data 

category and the type and 

characteristics of data elements assigned 

to each category, see Sections II.C and 

II.D of the July 7, 2010 CBI proposal 

preamble (75 FR 39106–39130). 

Based on its evaluation of the new 

data elements, the EPA is proposing that 

each new data element be assigned to 

one of the four following direct emitter 

data categories: 

• Production/Throughput Data that 

are Not Inputs to Emission Equations. 

• Raw Materials Consumed that are 

Not Inputs to Emission Equations. 

• Unit/Process ‘‘Static’’ 

Characteristics that are Not Inputs to 

Emission Equations. 

• Unit/Process Operating 

Characteristics that are Not Inputs to 

Emission Equations. 

In the 2011 final CBI rule (May 26, 

2011, 76 FR 30782), the EPA made 

categorical determinations that all data 

elements assigned to the ‘‘Production/

Throughput Data that are Not Inputs to 

Emission Equations’’ and ‘‘Raw 

Materials Consumed that are Not Inputs 

to Emission Equations’’ data categories 

are entitled to confidential treatment 

because the data do not meet the 

definition of ‘‘emission data’’ in 40 CFR 

2.301(a)(2)(i) and they are CBI. 

The EPA is proposing that seven new 

data elements be assigned to the 

‘‘Production/Throughput Data that are 

Not Inputs to Emission Equations’’ data 

category and 10 new data elements be 

assigned to the ‘‘Raw Materials 

Consumed that are Not Inputs to 

Emission Equations’’ data category, as 

shown in Table 5 of this preamble, 

thereby applying the categorical 

confidentiality determinations made for 

these categories in the 2011 final CBI 

rule (i.e., they are CBI) to the proposed 

new reporting elements assigned to 

these categories. This proposal is not 

changing, nor soliciting comment on, 

the categorical confidentiality 

determination for these two data 

categories. Should the EPA finalize the 

category assignment for these data 

elements, all new data elements 

assigned to these categories would be 

considered to be entitled to confidential 

treatment. 

TABLE 5—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘PRODUCTION/THROUGHPUT DATA THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ AND ‘‘RAW MATERIALS CONSUMED THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ 

DATA CATEGORIES

Subpart Proposed citation Data element 

‘‘Production/Throughput Data that are Not Inputs to Emission Equations’’ Data Category 

G—Ammonia Production ....... 40 CFR 98.76(b)(14) ...................................................... Annual ammonia production (metric tons). 

40 CFR 98.76(b)(15) ...................................................... Annual methanol production (metric tons), if this quantity is not reported under subpart X. 

H—Cement Kilns ................... 40 CFR 98.86(b)(16) ...................................................... Annual clinker production (metric tons). 

P—Hydrogen Production ....... 40 CFR 98.166(e) .......................................................... Annual methanol production (metric tons), if this quantity is not reported under subpart X. 

S—Lime Manufacturing ......... 40 CFR 98.196(b)(18) .................................................... Annual quantity (metric tons) of lime product sold, by 

type. 

X—Petrochemical .................. 40 CFR 98.246(a)(13) and (b)(10) ................................. If using the mass balance method or CEMS method to 

calculate GHG emissions: Name and annual quantity 

(in metric tons) of each carbon-containing co-product. 

AA—Pulp and Paper ............. 40 CFR 98.276(l)(1) ....................................................... For each pulp mill lime kiln: Quantity of calcium oxide 

(CaO) produced (metric tons). 

‘‘Raw Materials Consumed that are Not Inputs to Emission Equations’’ Data Category 

E—Adipic Acid Production ..... 40 CFR 98.56(m) ........................................................... Annual quantity of cyclohexane fed to all production 

lines, combined (metric tons). 

P—Hydrogen Production ....... 40 CFR 98.166(b)(7) ...................................................... Name and annual quantity (metric tons) of each carbon-containing fuel and feedstock. 

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TABLE 5—DATA ELEMENTS PROPOSED TO BE ASSIGNED TO THE ‘‘PRODUCTION/THROUGHPUT DATA THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ AND ‘‘RAW MATERIALS CONSUMED THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ 

DATA CATEGORIES—Continued 

Subpart Proposed citation Data element 

Q—Iron and Steel .................. 40 CFR 98.176(e)(6)(i) ................................................... If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The annual mass (metric tons) of all gaseous, liquid, and 

solid fuels (combined) used in process units specified in Equations Q–1 through Q–7, calculated as 

specified in a new Equation Q–9 of subpart Q in the 

proposed rule amendments. Does not include fuel 

used in a stationary combustion unit where emissions are reported under subpart C. 

40 CFR 98.176(e)(6)(ii) .................................................. If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The annual mass (metric tons) of all non-fuel material inputs (combined) specified in Equations Q–1 through 

Q–7 of subpart Q, calculated as specified in a new 

Equation Q–10 of subpart Q in the proposed rule 

amendments. 

40 CFR 98.176(e)(6)(iii) ................................................. If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The annual mass (metric tons) of all solid and liquid products and byproducts (combined) specified in Equations Q–1 through Q–7, calculated as specified in a 

new Equation Q–11 of subpart Q in the proposed 

rule amendments. 

40 CFR 98.176(e)(6)(iv) ................................................. If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The 

weighted average carbon content of all gaseous, liquid, and solid fuels (combined) included in Equation 

Q–9 of subpart Q, calculated as specified in a new 

Equation Q–12 of subpart Q in the proposed rule 

amendments. 

40 CFR 98.176(e)(6)(v) .................................................. If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The 

weighted average carbon content of all non-fuel inputs to all furnaces (combined) included in Equation 

Q–10 of subpart Q, calculated as specified in a new 

Equation Q–13 of subpart Q in the proposed rule 

amendments. 

40 CFR 98.176(e)(6)(vi) ................................................. If you use the carbon mass balance method in 40 CFR 

98.173(b)(1) to determine CO2 emissions: The 

weighted average carbon content of all solid and liquid products and byproducts from all furnaces (combined) included in a new Equation Q–11 of subpart 

Q in the proposed rule amendments, calculated as 

specified in new Equation Q–14 of subpart Q in the 

proposed rule amendments. 

X—Petrochemical .................. 40 CFR 98.246(a)(12) and (b)(9) ................................... If using the mass balance method or CEMS method to 

calculate GHG emissions: Name and annual quantity 

(in metric tons) of each carbon-containing feedstock. 

AA—Pulp and Paper ............. 40 CFR 98.276(m)(1) ..................................................... For each chemical recovery furnace and chemical recovery combustion unit for which you are not using 

Equation C–2c of subpart C to calculate CO2 emissions: Annual mass of steam generated (lb steam), 

individually for each fossil fuel type and for spent liquor solids. 

The EPA is proposing to assign eight 

proposed new data elements to the 

‘‘Unit Process Operating Characteristics 

that are Not Inputs to Emission 

Equations’’ category and one proposed 

new data element to the ‘‘Unit/Process 

Static Characteristics that are Not Inputs 

to Emission Equations’’ category. In the 

2011 final CBI rule, the EPA determined 

that the data elements in these 

categories are not ‘‘emission data’’ (as 

defined at 40 CFR 2.301(a)(2)(i)). 

However, instead of categorical 

determinations, the EPA made 

confidentiality determinations for 

individual data elements assigned to 

these two categories. In proposing these 

determinations, the EPA considered the 

confidentiality 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). The EPA is therefore 

following the same approach in this 

action for the proposed new reporting 

elements assigned to these two 

categories. 

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Table 6 of this preamble lists the data 

elements the EPA proposes to assign to 

these two data categories and presents 

the EPA’s rationale for proposing to 

determine that each does or does not 

qualify as CBI under CAA section 

114(c). 

TABLE 6—PROPOSED CONFIDENTIALITY DETERMINATIONS FOR PROPOSED NEW DATA ELEMENTS ASSIGNED TO THE

‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ AND ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES

Subpart Citation Data element 

Confidentiality determination 

Proposed rationale for confidentiality 

determination 

‘‘Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations’’ Data Category 

E—Adipic Acid Production.40 CFR 98.56(n) .................... Annual percent N2O emission reduction for all production units combined.Not CBI ........ The annual facility percent N2O reduction 

could not be used to calculate adipic 

acid production. The level of N2O reductions varies by the type of abatement technology, the environment in 

which the abatement technology is operating, the age of the abatement technology, the age of the catalyst used, 

and the maintenance level of the 

abatement technology. 

H—Cement Kilns ....... 40 CFR 98.86(b)(17) .............. Annual average clinker 

CO2 emission factor for 

the facility, averaged 

across all kilns (metric 

tons CO2/metric ton 

clinker produced).

CBI ............... This data element could be used to back 

calculate a facility’s clinker production 

data, which would result in competitive 

disadvantage. 

40 CFR 98.86(b)(18) .............. Annual average cement 

kiln dust (CKD) CO2

emission factor for the 

facility, averaged across 

all kilns (metric tons 

CO2/metric ton CKD produced).

CBI ............... This data element could provide information about the efficiency of the operation, which would result in competitive 

disadvantage. 

V—Nitric Acid Production.40 CFR 98.226(q) .................. Annual percent N2O emission reduction for all production units combined.Not CBI ........ The annual facility percent N2O reduction 

for all nitric acid production trains combined could not be used to calculate 

the nitric acid production value for any 

individual facility. The level of N2O reductions for each individual facility varies by the type of abatement technology, the environment in which the 

abatement technology is operating, the 

age of the abatement technology, the 

age of the catalyst used, and the maintenance level of the abatement technology. Additionally, facility-level N2O 

emission reduction information is already publicly available (see docket 

number EPA–HQ–OAR–2010–0750 

and http://www.climateactionreserve.org). 

Y—Petroleum Refineries.40 CFR 98.256(e)(11)(i) ......... Annual quantity of flare gas 

combusted (in MMscf per 

year) (only when using 

Equation Y–3 of subpart 

Y).

Not CBI ........ This data element does not reveal (nor 

could be used to calculate) details regarding product characteristics, actual 

production data, or operating efficiency. It does not provide information 

that would allow competitors to infer 

market share, production costs, or pricing structures and thus gain a competitive advantage. The EPA applied the 

same rationale in the 2010 proposed 

and 2011 final CBI rules (75 FR 

39113, July 7, 2010; and 76 FR 

30803—30806, May 26, 2011), in support of a non-CBI determination for reporting of the following same data element currently required to be reported 

if a different equation (Equation Y–1a) 

is used: annual volume of flare gas 

combusted (scf/year) under 40 CFR 

98.256(e)(6). 

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TABLE 6—PROPOSED CONFIDENTIALITY DETERMINATIONS FOR PROPOSED NEW DATA ELEMENTS ASSIGNED TO THE

‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ AND ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES—Continued 

Subpart Citation Data element 

Confidentiality determination 

Proposed rationale for confidentiality 

determination 

40 CFR 98.256(e)(11)(ii) ........ Annual average molecular 

weight of flare gas combusted (in mmBtu per 

MMscf) (only when using 

Equation Y–3 of subpart 

Y).

Not CBI ........ This data element does not reveal (nor 

could be used to calculate) details regarding product characteristics, actual 

production data, or operating efficiency. It does not provide information 

that would allow competitors to infer 

market share, production costs, or pricing structures and thus gain a competitive advantage. The EPA applied the 

same rationale in the 2010 proposed 

and 2011 final CBI rules (75 FR 

39113, July 7, 2010; and 76 FR 

30803—30806, May 26, 2011), in support of a non-CBI determination for reporting of the following same data element currently required to be reported 

if a different equation (Equation Y–1a 

of subpart Y) is used: annual average 

molecular weight of the flare gas (kg/

kg-mole) under 40 CFR 98.256(e)(6). 

40 CFR 98.256(e)(11)(iii) ....... Annual average carbon 

content of flare gas combusted (expressed as a 

decimal fraction) (only 

when using Equation Y– 

3 of subpart Y).

Not CBI ........ This data element does not reveal (nor 

could be used to calculate) details regarding product characteristics, actual 

production data, or operating efficiency. It does not provide information 

that would allow competitors to infer 

market share, production costs, or pricing structures and thus gain a competitive advantage. The EPA applied the 

same rationale in the 2010 proposed 

and 2011 final CBI rules (75 FR 

39113, July 7, 2010; and 76 FR 

30803—30806, May 26, 2011), in support of a non-CBI determination for reporting of the following same data element currently required to be reported 

if a different equation (Equation Y–1a 

of subpart Y) is used: annual average 

carbon content of the flare gas (kg carbon/kg flare gas) under 40 CFR 

98.256(e)(6). 

AA—Pulp and Paper 40 CFR 98.276(l)(2) ............... For each pulp mill lime kiln: 

Percent of annual heat 

input, individually for 

each fossil fuel type.

Non-CBI ....... Release of this data would not result in 

competitive harm because lime kiln 

fossil fuel use as a fraction of design 

heat input was reported to the EPA as 

part of a 2011 ICR survey, and facilities reporting via the survey made no 

CBI claims regarding fuel type and 

percent of design heat input. 

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TABLE 6—PROPOSED CONFIDENTIALITY DETERMINATIONS FOR PROPOSED NEW DATA ELEMENTS ASSIGNED TO THE

‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ AND ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES—Continued 

Subpart Citation Data element 

Confidentiality determination 

Proposed rationale for confidentiality 

determination 

‘‘Unit/Process ‘Static’ Characteristics that Are Not Inputs to Emission Equations’’ Data Category 

AA—Pulp and Paper 40 CFR 98.276(m)(2) ............. For each chemical recovery furnace and chemical 

recovery combustion unit 

for which you are not 

using Equation C–2c of 

subpart C to calculate 

CO2 emissions: Ratio of 

the unit’s maximum rated 

heat input capacity to its 

design rated steam output capacity (mmBtu/lb 

steam), individually for 

each fossil fuel type and 

for spent liquor solids.

ND 1 ............. In the final CBI rulemaking (76 FR 

30799, May 26, 2011), we determined 

that the best approach for determining 

confidentiality of production capacity is 

not to make a single CBI determination 

applicable to all facilities within a given 

source category, due to differences between facilities. For all reported data 

elements related to production capacity, the EPA will make case-by-case 

determinations per reporter, in accordance with the provisions in 40 CFR 

part 2, subpart B for facilities that claim 

these data elements as CBI. 

1 ND = No determination is being proposed. 

The EPA is requesting comment on 

two aspects of these confidentiality 

determinations. First, the EPA seeks 

comment on the proposed data category 

assignment for each of these data 

elements in Tables 5 and 6 of this 

preamble. If you believe that the EPA 

has improperly assigned any proposed 

new data elements to one of the data 

categories, please provide specific 

comments identifying which proposed 

new data elements may be mis-assigned 

along with a detailed explanation of 

why you believe them to be incorrectly 

assigned and in which data category you 

believe they best belong. 

Second, for those data elements 

included in Table 6 of this preamble 

and assigned to the two direct emitter 

data categories without categorical 

confidentiality determinations, the EPA 

seeks comment on the individual 

confidentiality determinations we are 

proposing for these data elements. If you 

comment on this issue, please provide 

specific comment along with detailed 

rationale and supporting information on 

whether such data element does or does 

not qualify as CBI. 

V. Impacts of the Proposed Rule 

This section examines the cost 

impacts of the proposed rulemaking. A 

detailed discussion of the impacts may 

be found in the memorandum, 

‘‘Assessment of Cost Impacts of 2015 

Inputs Proposal—Revisions to 

Reporting, Recordkeeping, and 

Verification Requirements under the 

Greenhouse Gas Reporting Program,’’ 

available in EPA docket ID No. EPA– 

HQ–OAR–2010–0929. 

A. How were the costs of this proposed 

rule estimated? 

1. Proposed Inputs Verification Tool 

The data elements required to be used 

for calculating the annual GHG 

emissions values and the cost associated 

with collecting these data have not 

changed from the estimate made during 

the original rulemaking process. The 

time associated with entry of these 

‘‘inputs to equations’’ data elements into 

e-GGRT (including into the new inputs 

verification tool) is expected to be 

equivalent to the time originally 

anticipated for data entry. Prior to the 

inputs verification tool, as currently 

required, reporters must use their own 

calculation tool (e.g., calculator, 

calculation software) to calculate the 

annual GHG emissions values, using the 

same sets of equations and entering the 

same data elements that they would 

enter into the tool. 

The EPA does recognize however that 

there may be some time associated with 

learning the new procedures for the 

inputs verification tool and we have 

estimated a cost of approximately $66 

per facility, or $379,000 for the first year 

for all affected facilities. During their 

first session using the proposed inputs 

verification tool, reporters would need 

to spend approximately 1 hour 

becoming familiar with how the tool 

operates within e-GGRT. The proposed 

new requirement to use the inputs 

verification tool would not result in any 

change in the respondent activity of 

entering these data into e-GGRT. Once 

the reporter has become familiar with 

the tool, EPA does not anticipate any 

additional burden. The cost includes 

technical, clerical, and managerial labor 

hours. For further information about 

this cost estimate, refer to the 

memorandum ‘‘Assessment of Cost 

Impacts of 2015 Inputs Proposal— 

Revisions to Reporting, Recordkeeping, 

and Verification Requirements under 

the Greenhouse Gas Reporting Program’’ 

and the supporting statement for this 

proposed information collection 

request, ‘‘Supporting Statement, 

Environmental Protection Agency: 

Revisions to Reporting and 

Recordkeeping Requirements, and 

Proposed Confidentiality 

Determinations under the Greenhouse 

Gas Reporting Program, OMB control 

number 2060–0629, ICR number 

2300.12,’’ both available in docket EPA– 

HQ–OAR–2010–0929. 

2. Proposed New Data Elements 

We are proposing to add 26 new data 

elements that were not previously 

required to be reported under Part 98 

(see Section II.D of this preamble for 

further discussion of this proposed 

amendment), to be reported by facilities 

in certain subparts that are required to 

use the proposed inputs verification 

tool. Of these 26 data elements, nine 

data elements are related to annual 

production or raw material usage, which 

are collected by a facility as a routine 

part of conducting business. For these 

data elements, we are not proposing that 

reporters comply with specific data 

collection or monitoring requirements 

beyond the methods commonly used for 

accounting purposes. The other 17 data 

elements proposed to be reported are 

calculated values using data currently 

required to be collected to perform 

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emissions calculations. For all of these 

additional data elements, the EPA has 

estimated a nominal additional cost to 

report the data element and fulfill the 

recordkeeping requirements. The total 

costs associated with reporting and 

recordkeeping for the 26 data elements 

in 10 subparts is $80,000. These costs 

represent the cost for all affected 

facilities in the first year. 

B. Additional Impacts of the Proposed 

Amendments 

The proposed confidentiality 

determinations for the new data 

elements would not affect whether and 

how data are reported and, therefore, 

would not impose any additional 

burden on sources. 

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 

this action raises novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or principles set 

forth in the executive order. 

Accordingly, the 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 

The information collection 

requirements in this proposed rule have 

been submitted for approval to the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

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

Information Collection Request (ICR) 

document prepared by EPA has been 

assigned EPA ICR number 2300.12. 

This action proposes to amend 

reporting and recordkeeping 

requirements and verification 

procedures for the GHGRP. In addition, 

the EPA is proposing confidentiality 

determinations for the proposed new 

data elements in this action. The 

proposed amendments to the reporting 

requirements in the source categoryspecific subparts are not anticipated to 

result in significant burden for 

reporters. The new data elements 

required to be reported are expected to 

be readily available for affected 

facilities, or easily calculated using data 

already required to be collected (e.g., a 

monthly value is currently reported and 

an annual value is proposed to be 

reported). 

Impacts associated with the proposed 

changes to the reporting requirements in 

each subpart are detailed in the 

memorandum ‘‘Assessment of Cost 

Impacts of 2015 Inputs Proposal— 

Revisions to Reporting, Recordkeeping, 

and Verification Requirements under 

the Greenhouse Gas Reporting Program’’ 

(see Docket ID No. EPA–HQ–OAR– 

2010–0929). Burden is defined at 5 CFR 

1320.3(b). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

To comment on the Agency’s need for 

this information, the accuracy of the 

provided burden estimates, and any 

suggested methods for minimizing 

respondent burden, the EPA has 

established a public docket for this rule, 

which includes this ICR, under Docket 

ID number EPA–HQ–OAR–2010–0929. 

Submit any comments related to this 

ICR to the EPA and the OMB. See the 

ADDRESSES section at the beginning of 

this notice for where to submit 

comments to the EPA. Send comments 

to the OMB at the Office of Information 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street NW., Washington, DC 20503, 

Attention: Desk Office for EPA. Since 

the OMB is required to make a decision 

concerning this ICR between 30 and 60 

days after September 11, 2013, a 

comment to OMB is best assured of 

having its full effect if OMB receives the 

comment by October 11, 2013. The final 

rule will respond to any OMB or public 

comments on the information collection 

requirements contained in this proposal. 

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 today’s proposed rule amendments 

on small entities, small entity is defined 

as: (1) A small business as defined by 

the Small Business Administration’s 

(SBA) 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-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. After considering 

the economic impacts of today’s 

proposed amendments on small entities, 

I certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

The small entities directly regulated by 

these proposed rule amendments 

include small businesses across all 

sectors of the economy encompassed by 

Part 98, small governmental 

jurisdictions, and small non-profits. We 

have determined that these facilities 

will experience impacts of roughly a 

first-year cost of $66 per facility for 

learning new procedures for the 

verification tool and an annual cost of 

$100 per facility for the recordkeeping 

and reporting of 26 new data elements. 

Although these proposed rule 

amendments will not have a significant 

economic impact on a substantial 

number of small entities, the EPA 

nonetheless has tried to reduce the 

impact of this rule on small entities. The 

EPA supports a ‘‘help desk’’ for the 

GHGRP, which would be available to 

answer questions on the provisions in 

this rulemaking. 

We continue to be interested in the 

potential impacts of the proposed rule 

amendments on small entities and 

welcome comments on issues related to 

such impacts. 

D. Unfunded Mandates Reform Act 

(UMRA) 

The proposed amendments and 

confidentiality determinations do not 

contain a federal mandate that may 

result in expenditures of $100 million or 

more for State, local, and tribal 

governments, in the aggregate, or the 

private sector in any one year. This 

action proposes: (1) Requirements for 

certain reporters under 24 subparts to 

use an EPA-provided inputs verification 

tool instead of reporting certain data 

elements for which disclosure concerns 

have been identified, (2) lengthening the 

record retention time for reporters 

required to use the inputs verification 

tool, and (3) new data elements to be 

reported for certain reporters using the 

inputs verification tool and 

confidentiality determinations for these 

new data element. As discussed in 

section V of this preamble, for the first 

year, the total collective impact on 

regulated entities is: (1) $379,000, or $66 

per entity, for using the inputs 

verification tool; and (2) $80,000, or 

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$103 per entity, for the proposed new 

data elements to be reported. Thus, the 

proposed amendments and 

confidentiality determinations are not 

subject to the requirements of sections 

202 or 205 of UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action proposes to amend reporting and 

recordkeeping requirements and 

verification procedures for certain 

reporters in the GHGRP. In addition, the 

EPA is proposing confidentiality 

determinations for the proposed new 

data elements in this action. As 

discussed in section V of this preamble, 

the total collective impact on regulated 

entities is $459,000 in the first year, and 

$80,000 annually thereafter. Because 

this impact on each individual facility 

is estimated to be approximately $66– 

$169 in the first year and $103 annually 

thereafter, the EPA has determined that 

the provisions in this action would not 

significantly impact small governments. 

In addition, because none of the 

provisions apply specifically to small 

governments, the EPA has determined 

that the provisions in this action would 

not uniquely impact small governments. 

Therefore, this action is not subject to 

the requirements of section 203 of the 

UMRA. 

E. Executive Order 13132: Federalism 

The 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. The proposed 

amendments and confidentiality 

determinations apply to facilities that 

directly emit greenhouses gases and fuel 

and chemicals suppliers. These 

proposed changes do not apply to 

governmental entities unless the 

government entity owns a facility that 

directly emits GHGs above threshold 

levels (such as a large stationary 

combustion device), so relatively few 

government facilities would be affected. 

Moreover, for government facilities that 

are subject to the rule, the proposed 

revisions will not have a significant cost 

impact. This proposed 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 rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between the 

EPA and State and local governments, 

the EPA specifically solicits comments 

on this proposed action from State and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments. 

This proposed action does not have 

tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). The proposed 

amendments and confidentiality 

determinations apply directly to 

facilities that directly emit greenhouses 

gases or that are suppliers of GHGs. 

They would not have tribal implications 

unless the tribal entity owns a facility 

that directly emits GHGs above 

threshold levels (such as a landfill or 

large combustion device). Relatively few 

tribal facilities would be affected. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The 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 proposed 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 proposed action is not a 

‘‘significant energy action’’ as defined in 

Executive Order 13211 (66 FR 28355, 

May 22, 2001), because it is not likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy. Part 98 relates to monitoring, 

reporting, and recordkeeping and does 

not impact energy supply, distribution, 

or use. This action proposes to amend 

reporting and recordkeeping 

requirements and verification 

procedures for the GHGRP. In addition, 

the EPA is proposing confidentiality 

determinations for the proposed new 

data elements in this action. These 

proposed amendments and 

confidentiality determinations do not 

make any changes to the existing 

monitoring, recordkeeping, or reporting 

requirements under Part 98 that affect 

the supply, distribution, or use of 

energy. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

the 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 the EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve any new technical standards. 

Therefore, the EPA is not considering 

the use of any voluntary consensus 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income 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. 

The EPA has determined that these 

proposed rule amendments will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because the amendments 

do not affect the level of protection 

provided to human health or the 

environment. This is because the 

proposed amendments address 

information collection and reporting 

and verification procedures. 

List of Subjects 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Reporting and 

recordkeeping requirements. 

Dated: August 29, 2013. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

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56014 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

of Federal Regulations is proposed to be 

amended as follows: 

PART 98—MANDATORY 

GREENHOUSE GAS REPORTING 

■ 1. The authority citation for part 98 

continues to read as follows: 

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

Subpart A—[AMENDED] 

■ 2. Section 98.3 is amended by revising 

paragraphs (c)(4)(vii), (d)(3)(v), (g) 

introductory text, and (g)(2)(i) to read as 

follows: 

§ 98.3 What are the general monitoring, 

reporting, recordkeeping and verification 

requirements of this part? 

* * * * * 

(c) * * * 

(4) * * * 

(vii) The owner or operator of a 

facility is not required to report the data 

elements specified in Table A–6 to this 

subpart for calendar years 2010 through 

2011 until March 31, 2013. The owner 

or operator of a facility is not required 

to report the data elements specified in 

Table A–7 to this subpart for calendar 

years 2010 through 2013 until March 31, 

2015. Data elements specified in Table 

A–7 to this subpart for calendar years 

2010 through 2013 must be submitted as 

part of the annual report for reporting 

year 2014. 

* * * * * 

(d) * * * 

(3) * * * 

(v) For each stationary fuel 

combustion source that that meets the 

criteria specified in § 98.36(f) of this 

part, report any facility operating data or 

process information used for the GHG 

emission calculations. 

* * * * * 

(g) Recordkeeping. An owner or 

operator that is required to report GHGs 

under this part must keep records as 

specified in this paragraph. Except as 

otherwise provided in this paragraph, 

retain all required records for at least 3 

years from the date of submission of the 

annual GHG report for the reporting 

year in which the record was generated. 

The records shall be kept in an 

electronic or hard-copy format (as 

appropriate) and recorded in a form that 

is suitable for expeditious inspection 

and review. If a reporter is required 

under § 98.5(b) to use software specified 

by the Administrator to enter data to 

calculate the reported GHGs, all records 

required under Part 98 must be retained 

by the reporter for 5 years from the date 

of submission of the annual GHG report 

for the reporting year in which the 

record was generated. Upon request by 

the Administrator, the records required 

under this section must be made 

available to EPA. Records may be 

retained off site if the records are readily 

available for expeditious inspection and 

review. For records that are 

electronically generated or maintained, 

the equipment or software necessary to 

read the records shall be made available, 

or, if requested by EPA, electronic 

records shall be converted to paper 

documents. You must retain the 

following records, in addition to those 

records prescribed in each applicable 

subpart of this part: 

* * * * * 

(2) * * * 

(i) The GHG emissions calculations 

and methods used. For data required by 

§ 98.5(b) to be entered into the software 

specified by the Administrator, 

maintain the entered data in the format 

generated by the software specified by 

the Administrator. 

* * * * * 

■ 3. Section 98.5 is revised to read as 

follows: 

§ 98.5 How is the report submitted? 

(a) Each GHG report and certificate of 

representation for a facility or supplier 

must be submitted electronically in 

accordance with the requirements of 

§ 98.4 and in a format specified by the 

Administrator. 

(b) For reporting year 2014 and 

thereafter, you must enter into 

verification software specified by the 

Administrator the data used as inputs to 

the calculation methods specified in 

Table A–8 to Part 98, excluding data 

required to be reported in the reporting 

section of each subpart listed in Table 

A–8 to Part 98. 

■ 4. Table A–7 to Subpart A of Part 98 

is revised to read as follows: 

TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2015 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 

(‘‘All’’ means all data elements in the cited paragraph are not required to be reported until March 31, 2015) 

A ...................................................... 98.3(d)(3)(v) ................................... All. 

C ...................................................... 98.36(b)(9)(iii) ................................ Only estimate of the heat input.1

C ...................................................... 98.36(c)(2)(ix) ................................ Only estimate of the heat input from each type of fuel listed in Table 

C–2.1

C ...................................................... 98.36(e)(2)(i) .................................. All.1

C ...................................................... 98.36(e)(2)(ii)(A) ............................ All.1

C ...................................................... 98.36(e)(2)(ii)(C) ............................ Only HHV value for each calendar month in which HHV determination is required.1

C ...................................................... 98.36(e)(2)(ii)(D) ............................ All.1

C ...................................................... 98.36(e)(2)(iv)(A) ........................... All.1

C ...................................................... 98.36(e)(2)(iv)(C) ........................... All.1

C ...................................................... 98.36(e)(2)(iv)(F) ........................... All.1

C ...................................................... 98.36(e)(2)(ix)(D) ........................... All.1

C ...................................................... 98.36(e)(2)(ix)(E) ........................... All.1

C ...................................................... 98.36(e)(2)(ix)(F) ........................... All.1

E ...................................................... 98.56(g) ......................................... All. 

E ...................................................... 98.56(h) ......................................... All. 

E ...................................................... 98.56(j)(4) ...................................... All. 

E ...................................................... 98.56(j)(5) ...................................... All. 

E ...................................................... 98.56(j)(6) ...................................... All. 

E ...................................................... 98.56(l) ........................................... All. 

H ...................................................... 98.86(b)(11) ................................... All. 

H ...................................................... 98.86(b)(13) ................................... Name of raw kiln feed or raw material. 

L ...................................................... 98.126(b)(10) ................................. All. 

L ...................................................... 98.126(b)(11) ................................. All. 

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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 56015 

TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2015—Continued 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 

(‘‘All’’ means all data elements in the cited paragraph are not required to be reported until March 31, 2015) 

L ...................................................... 98.126(b)(12) ................................. All. 

O ...................................................... 98.156(d)(2) ................................... All. 

O ...................................................... 98.156(d)(3) ................................... All. 

O ...................................................... 98.156(d)(4) ................................... All. 

Q ...................................................... 98.176(f)(1) .................................... All. 

V ...................................................... 98.226(i) ......................................... All. 

V ...................................................... 98.226(j) ......................................... All. 

V ...................................................... 98.226(m)(4) .................................. All. 

V ...................................................... 98.226(m)(5) .................................. All. 

V ...................................................... 98.226(m)(6) .................................. All. 

V ...................................................... 98.226(p) ....................................... All. 

W ..................................................... 98.236(c)(1)(i) ................................ All. 

W ..................................................... 98.236(c)(1)(ii) ............................... All. 

W ..................................................... 98.236(c)(1)(iii) .............................. All. 

W ..................................................... 98.236(c)(2)(i) ................................ All. 

W ..................................................... 98.236(c)(3)(i) ................................ All. 

W ..................................................... 98.236(c)(3)(ii) ............................... All. 

W ..................................................... 98.236(c)(3)(iii) .............................. All. 

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

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

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

W ..................................................... 98.236(c)(4)(i)(D) ........................... All. 

W ..................................................... 98.236(c)(4)(i)(E) ........................... All. 

W ..................................................... 98.236(c)(4)(i)(F) ........................... All. 

W ..................................................... 98.236(c)(4)(i)(G) ........................... All. 

W ..................................................... 98.236(c)(4)(i)(H) ........................... All. 

W ..................................................... 98.236(c)(4)(ii)(A) .......................... All. 

W ..................................................... 98.236(c)(5)(iii) .............................. All. 

W ..................................................... 98.236(c)(5)(iv) .............................. All. 

W ..................................................... 98.236(c)(5)(v) ............................... All. 

W ..................................................... 98.236(c)(6)(i)(B) ........................... All. 

W ..................................................... 98.236(c)(6)(i)(D) ........................... All. 

W ..................................................... 98.236(c)(6)(i)(E) ........................... All. 

W ..................................................... 98.236(c)(6)(i)(F) ........................... All. 

W ..................................................... 98.236(c)(6)(ii)(A) .......................... All. 

W ..................................................... 98.236(c)(6)(ii)(B) .......................... All. 

W ..................................................... 98.236(c)(7)(i) ................................ All. 

W ..................................................... 98.236(c)(8)(i)(B) ........................... All. 

W ..................................................... 98.236(c)(8)(i)(C) ........................... All. 

W ..................................................... 98.236(c)(8)(i)(F) ........................... All. 

W ..................................................... 98.236(c)(8)(ii)(A) .......................... All. 

W ..................................................... 98.236(c)(8)(ii)(D) .......................... All. 

W ..................................................... 98.236(c)(8)(iii)(A) .......................... All. 

W ..................................................... 98.236(c)(8)(iii)(D) ......................... All. 

W ..................................................... 98.236(c)(8)(iii)(E) .......................... All. 

W ..................................................... 98.236(c)(10)(ii) ............................. All. 

W ..................................................... 98.236(c)(10)(iii) ............................ All. 

W ..................................................... 98.236(c)(11)(ii) ............................. All. 

W ..................................................... 98.236(c)(12)(ii) ............................. All. 

W ..................................................... 98.236(c)(12)(iii) ............................ All. 

W ..................................................... 98.236(c)(12)(v) ............................. All. 

W ..................................................... 98.236(c)(13)(i)(B) ......................... All. 

W ..................................................... 98.236(c)(13)(i)(E) ......................... All. 

W ..................................................... 98.236(c)(13)(i)(F) ......................... All. 

W ..................................................... 98.236(c)(13)(ii)(A) ........................ All. 

W ..................................................... 98.236(c)(13)(ii)(B) ........................ All. 

W ..................................................... 98.236(c)(13)(iii)(A) ........................ All. 

W ..................................................... 98.236(c)(13)(iii)(B) ........................ All. 

W ..................................................... 98.236(c)(13)(v)(A) ........................ All. 

W ..................................................... 98.236(c)(14)(i)(B) ......................... All. 

W ..................................................... 98.236(c)(14)(ii)(A) ........................ All. 

W ..................................................... 98.236(c)(14)(ii)(B) ........................ All. 

W ..................................................... 98.236(c)(14)(iii)(A) ........................ All. 

W ..................................................... 98.236(c)(14)(iii)(B) ........................ All. 

W ..................................................... 98.236(c)(14)(v)(A) ........................ All. 

W ..................................................... 98.236(c)(15)(i)(A) ......................... All. 

W ..................................................... 98.236(c)(15)(i)(B) ......................... All. 

W ..................................................... 98.236(c)(15)(ii)(A) ........................ All. 

W ..................................................... 98.236(c)(15)(ii)(B) ........................ All. 

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56016 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2015—Continued 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 

(‘‘All’’ means all data elements in the cited paragraph are not required to be reported until March 31, 2015) 

W ..................................................... 98.236(c)(16)(i) .............................. All. 

W ..................................................... 98.236(c)(16)(ii) ............................. All. 

W ..................................................... 98.236(c)(16)(iii) ............................ All. 

W ..................................................... 98.236(c)(16)(iv) ............................ All. 

W ..................................................... 98.236(c)(16)(v) ............................. All. 

W ..................................................... 98.236(c)(16)(vi) ............................ All. 

W ..................................................... 98.236(c)(16)(vii) ........................... All. 

W ..................................................... 98.236(c)(16)(viii) ........................... All. 

W ..................................................... 98.236(c)(16)(ix) ............................ All. 

W ..................................................... 98.236(c)(16)(x) ............................. All. 

W ..................................................... 98.236(c)(16)(xi) ............................ All. 

W ..................................................... 98.236(c)(16)(xii) ........................... All. 

W ..................................................... 98.236(c)(16)(xiii) ........................... All. 

W ..................................................... 98.236(c)(16)(xiv) .......................... All. 

W ..................................................... 98.236(c)(17)(ii) ............................. All. 

W ..................................................... 98.236(c)(17)(iii) ............................ All. 

W ..................................................... 98.236(c)(17)(iv) ............................ All. 

W ..................................................... 98.236(c)(18)(i) .............................. All. 

W ..................................................... 98.236(c)(18)(ii) ............................. All. 

W ..................................................... 98.236(c)(19)(iv) ............................ All. 

W ..................................................... 98.236(c)(19)(vii) ........................... All. 

Y ...................................................... 98.256(h)(5) ................................... Only value of the correction. 

Y ...................................................... 98.256(k)(4) ................................... Only mole fraction of methane in coking gas. 

Y ...................................................... 98.256(n)(3) ................................... All (if used in Equation Y–21 to calculate emissions from equipment 

leaks). 

Y ...................................................... 98.256(o)(4)(vi) .............................. Only tank-specific methane composition data and gas generation rate 

data. 

AA .................................................... 98.276(e) ....................................... All. 

CC ................................................... 98.296(b)(10)(i) .............................. All. 

CC ................................................... 98.296(b)(10)(ii) ............................. All. 

CC ................................................... 98.296(b)(10)(iii) ............................ All. 

CC ................................................... 98.296(b)(10)(iv) ............................ All. 

CC ................................................... 98.296(b)(10)(v) ............................. All. 

CC ................................................... 98.296(b)(10)(vi) ............................ All. 

II ...................................................... 98.356(d)(2) ................................... All (if conducting weekly sampling). 

II ...................................................... 98.356(d)(3) ................................... All (if conducting weekly sampling). 

II ...................................................... 98.356(d)(4) ................................... Only weekly average temperature (if conducting weekly sampling). 

II ...................................................... 98.356(d)(5) ................................... Only weekly average moisture content (if conducting weekly sampling). 

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

1 Required to be reported only by stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common 

stacks) subject to subpart C of this part that meet both of the following criteria: (1) The stationary fuel combustion source contains at least one 

combustion unit connected to a fuel-fired electric generator that has been granted access by the Public Utilities Commission to deliver power to 

the local or regional electric power grid (excluding generators that are connected to combustion units subject to subpart D of this part); and (2) 

the stationary fuel combustion source is located at a facility for which the sum of the nameplate capacities for all such electric generators is 

greater than or equal to 1 megawatt electric output. 

■ 5. Table A–8 to Subpart A of Part 98 

is added to read as follows: 

TABLE A–8 TO SUBPART A OF PART 98—CALCULATION METHODS FOR WHICH INPUTS TO THE CALCULATION METHODS

MUST BE ENTERED INTO VERIFICATION SOFTWARE SPECIFIED BY THE ADMINISTRATOR

Subpart Calculation method (equation number in 40 CFR part 98 or description of method) 

Subpart C 1 C–1, C–1a, C–1b, C–2b, C–2c, C–3, C–4, C–5, C–8, C–8a, C–8b, C–10, C–13, the calculation method specified in 

§ 98.3(d)(3)(iv) of subpart A. 

Subpart E .................. E–1, E–2, E–3a, E–3b, E–3c, E–3d. 

Subpart F ................... F–2 (including the method for calculating the anode effect minutes per cell-day (AEM) and slope coefficients (SCF4), F– 

3 (including the method for calculating the overvoltage factor (EFCF4)), F–5, F–6, F–7, F–8. 

Subpart G .................. G–1, G–2, G–3. 

Subpart H .................. H–2 (including the method in § 98.84(d) of subpart H for calculating the quantity of clinker produced), H–3, H–4, H–5. 

Subpart K .................. K–1, K–3. 

Subpart L ................... L–1, L–2, L–3, L–4, L–6, L–7, L–8, L–17, L–18, L–20, L–21, L–22, L–23, L–25, L–26, L–27, L–31, L–34. 

Subpart N .................. N–1. 

Subpart O .................. O–3, O–4, O–8, O–9 (including the calculation method specified in § 98.154(l)(2) of subpart O). 

Subpart P .................. P–1, P–2, P–3. 

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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 56017 

TABLE A–8 TO SUBPART A OF PART 98—CALCULATION METHODS FOR WHICH INPUTS TO THE CALCULATION METHODS

MUST BE ENTERED INTO VERIFICATION SOFTWARE SPECIFIED BY THE ADMINISTRATOR—Continued 

Subpart Calculation method (equation number in 40 CFR part 98 or description of method) 

Subpart Q .................. Q–1, Q–2, Q–3, Q–4, Q–5, Q–6, Q–7, the calculation methods specified in § 98.173(b)(2)(iii), (b)(2)(iv), and (c) of subpart Q. 

Subpart R .................. R–1. 

Subpart S .................. S–1, S–2, S–3, S–4 (including the calculation method specified in § 98.194(a). 

Subpart U .................. U–1, U–2. 

Subpart V .................. V–2, V–3a, V–3b, V–3c, V–3d. 

Subpart X .................. X–1, X–2, X–3, C–8. 

Subpart Y .................. Y–1a, Y–1b, Y–3, Y–4, Y–6, Y–8, Y–11, Y–12 (including the method for correcting the calculation, if applicable, as 

specified in § 98.253(f)(5)), Y–13, Y–14, Y–15, Y–16a, Y–16b, Y–17, Y–18, Y–19, Y–20, Y–22, Y–23, the methods for 

calculating emissions from coke burn-off specified in § 98.253(c)(4) and (5) (alternatives to using Equations Y–9 and 

Y–10 of Part 98), the calculation method specified in § 98.253(n) of subpart Y. 

Subpart Z ................... Z–1a, Z–1b. 

Subpart AA ................ C–1, C–1a, C–1b, C–2a, C–3, C–4, C–5, C–8, C–8a, C–8b, C–9a, AA–1, AA–2, AA–3. 

Subpart BB ................ BB–1, BB–2. 

Subpart CC ................ CC–1, CC–2. 

Subpart EE ................ EE–2. 

Subpart GG ............... GG–1. 

Subpart TT ................ TT–2, TT–3. 

1 Does not apply to any stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common stacks) 

subject to subpart C of this part that meet both of the following criteria: (1) The stationary fuel combustion source contains at least one combustion unit connected to a fuel-fired electric generator that has been granted access by the Public Utilities Commission to deliver power to the local 

or regional electric power grid (excluding generators that are connected to combustion units subject to subpart D of this part); and (2) the stationary fuel combustion source is located at a facility for which the sum of the nameplate capacities for all such electric generators is greater than 

or equal to 1 megawatt electric output. 

Subpart C—[AMENDED] 

■ 6. Section 98.36 is amended by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraph (b)(9)(iii) and 

adding paragraph (b)(9)(iv); 

■ c. Revising paragraph (c)(2)(ix) and 

adding paragraph (c)(2)(x); 

■ d. Revising paragraphs (e)(2)(i), 

(e)(2)(ii)(A), (e)(2)(ii)(C), and 

(e)(2)(ii)(D); and adding paragraph 

(e)(2)(ii)(E); and 

■ e. Revising paragraphs (e)(2)(iv)(A), 

(e)(2)(iv)(C), (e)(2)(iv)(F), (e)(2)(ix)(D), 

(e)(2)(ix)(E) and (e)(2)(ix)(F); and adding 

paragraph (f). 

The revisions and additions read as 

follows: 

§ 98.36 Data reporting requirements. 

* * * * * 

(a) In addition to the facility-level 

information required under § 98.3, the 

annual GHG emissions report shall 

contain the unit-level or process-level 

data specified in paragraphs (b) through 

(f) of this section, as applicable, for each 

stationary fuel combustion source (e.g., 

individual unit, aggregation of units, 

common pipe, or common stack). 

(b) * * * 

(9) * * * 

(iii) The annual CH4 and N2O 

emissions for each type of fuel listed in 

Table C–2 of this subpart that was 

combusted in the unit during the report 

year, expressed in metric tons of each 

gas and in metric tons of CO2e. 

(iv) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, report an estimate of the heat 

input from each type of fuel listed in 

Table C–2 of this subpart that was 

combusted in the unit during the report 

year. 

* * * * * 

(c) * * * 

(2) * * * 

(ix) For each type of fuel listed in 

Table C–2 of this subpart that was 

combusted during the report year in the 

units sharing the common stack or duct 

during the report year, the annual CH4

and N2O mass emissions from the units 

sharing the common stack or duct, 

expressed in metric tons of each gas and 

in metric tons of CO2 e. 

(x) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, an estimate of the heat input 

from each type of fuel listed in Table C– 

2 of this subpart that was combusted 

during the report year in the units 

sharing the common stack or duct 

during the report year. 

* * * * * 

(e) * * * 

(2) * * * 

(i) For the Tier 1 Calculation 

Methodology, for each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, report the total quantity of each 

type of fuel combusted in the unit or 

group of aggregated units (as applicable) 

during the reporting year, in short tons 

for solid fuels, gallons for liquid fuels 

and standard cubic feet for gaseous 

fuels, or, if applicable, therms or mmBtu 

for natural gas. 

(ii) * * * 

(A) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, the total quantity of each type 

of fuel combusted in the unit or group 

of aggregated units (as applicable) 

during each month of the reporting year. 

Express the quantity of each fuel 

combusted during the measurement 

period in short tons for solid fuels, 

gallons for liquid fuels, and scf for 

gaseous fuels. 

* * * * * 

(C) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, the high heat values used in the 

CO2 emissions calculations for each 

type of fuel combusted during the 

reporting year, in mmBtu per short ton 

for solid fuels, mmBtu per gallon for 

liquid fuels, and mmBtu per scf for 

gaseous fuels. Report a HHV value for 

each calendar month in which HHV 

determination is required. If multiple 

values are obtained in a given month, 

report the arithmetic average value for 

the month. Indicate whether each 

reported HHV is a measured value or a 

substitute data value. 

(D) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, if Equation C–2c of this subpart 

is used to calculate CO2 mass emissions, 

report the total quantity (i.e., pounds) of 

steam produced from MSW or solid fuel 

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56018 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

combustion during each month of the 

reporting year, and the ratio of the 

maximum rate heat input capacity to the 

design rated steam output capacity of 

the unit, in mmBtu per lb of steam. 

(E) For each HHV used in the CO2

emissions calculations for each type of 

fuel combusted during the reporting 

year, indicate whether the HHV is a 

measured value or a substitute data 

value. 

* * * * * 

(iv) * * * 

(A) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, the quantity of each type of fuel 

combusted in the unit or group of units 

(as applicable) during each month of the 

reporting year, in short tons for solid 

fuels, gallons for liquid fuels, and scf for 

gaseous fuels. 

* * * * * 

(C) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, the carbon content and, if 

applicable, gas molecular weight values 

used in the emission calculations 

(including both valid and substitute 

data values). For each calendar month of 

the reporting year in which carbon 

content and, if applicable, molecular 

weight determination is required, report 

a value of each parameter. If multiple 

values of a parameter are obtained in a 

given month, report the arithmetic 

average value for the month. Express 

carbon content as a decimal fraction for 

solid fuels, kg C per gallon for liquid 

fuels, and kg C per kg of fuel for gaseous 

fuels. Express the gas molecular weights 

in units of kg per kg-mole. 

* * * * * 

(F) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, the annual average HHV, when 

measured HHV data, rather than a 

default HHV from Table C–1 of this 

subpart, are used to calculate CH4 and 

N2O emissions for a Tier 3 unit, in 

accordance with § 98.33(c)(1). 

* * * * * 

(ix) * * * 

(D) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, the carbon-based F-factor used 

in Equation C–13 of this subpart, for 

each type of fossil fuel combusted, in scf 

CO2 per mmBtu. 

(E) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, the annual average HHV value 

used in Equation C–13 of this subpart, 

for each type of fossil fuel combusted, 

in Btu/lb, Btu/gal, or Btu/scf, as 

appropriate. 

(F) For each stationary fuel 

combustion source that meets the 

criteria specified in paragraph (f) of this 

section, the total quantity of each type 

of fossil fuel combusted during the 

reporting year, in lb, gallons, or scf, as 

appropriate. 

* * * * * 

(f) Each stationary fuel combustion 

source (e.g., individual unit, aggregation 

of units, common pipe, or common 

stack) subject to reporting under 

paragraph (b), (c), or (d)(2) of this 

section must indicate if both of the 

following two conditions are met: 

(1) The stationary combustion source 

contains at least one combustion unit 

connected to a fuel-fired electric 

generator that has been granted access 

by the Public Utilities Commission to 

deliver power to the local or regional 

electric power grid (excluding 

generators that are connected to 

combustion units that are subject to 

subpart D of this part). 

(2) The stationary fuel combustion 

source is located at a facility for which 

the sum of the nameplate capacities for 

all electric generators specified in 

paragraph (f)(1) of this section is greater 

than or equal to 1 megawatt electric 

output. 

Subpart E—[AMENDED] 

■ 7. Section 98.56 is amended by: 

■ a. Revising the introductory text; 

■ b. Removing and reserving paragraphs 

(b), (c), (j)(1), and (j)(3); and 

■ c. Adding paragraphs (m) and (n). 

The revisions and additions read as 

follows: 

§ 98.56 Data reporting requirements. 

In addition to the information 

required by § 98.3(c), each annual report 

must contain the information specified 

in paragraphs (a) through (n) of this 

section at the facility level. 

* * * * * 

(m) Annual quantity of cyclohexane 

fed to all production lines combined 

(metric tons). 

(n) Annual percent N2O emission 

reduction for all production units 

combined. 

* * * * * 

Subpart F—[AMENDED] 

■ 8. Section 98.66 is amended by: 

■ a. Removing and reserving paragraphs 

(a) and (c)(2); 

■ b. Revising paragraphs (c)(3), (e)(1), 

and (f)(1); and 

■ c. Removing and reserving paragraph 

(g). 

The revisions read as follows: 

§ 98.66 Data reporting requirements. 

* * * * * 

(c) * * * 

(3) The last date when the smelterspecific-slope coefficients (or 

overvoltage emission factors) were 

measured. 

* * * * * 

(e) * * * 

(1) Annual anode consumption if 

using the method in § 98.63(g). 

* * * * * 

(f) * * * 

(1) Annual paste consumption if using 

the method in § 98.63(g). 

* * * * * 

Subpart G—[AMENDED] 

■ 9. Section 98.76 is amended by: 

■ a. Removing and reserving paragraph 

(b)(2) and paragraphs (b)(7) through 

(11); and 

■ b. Adding paragraphs (b)(14) and 

(b)(15). 

The revisions and additions read as 

follows: 

§ 98.76 Data reporting requirements. 

* * * * * 

(b) * * * 

(14) Annual ammonia production 

(metric tons). 

(15) Annual methanol production 

(metric tons), if this quantity is not 

reported under subpart X of this part. 

Subpart H—[AMENDED] 

■ 10. Section 98.86 is amended by: 

■ a. Removing and reserving paragraphs 

(b)(2), (b)(5), (b)(6), (b)(8), (b)(10), and 

(12); 

■ b. Revising paragraphs (b)(13) and 

(15); and 

■ c. Adding paragraphs (b)(16) through 

(18). 

The revisions and additions read as 

follows: 

§ 98.86 Data reporting requirements. 

* * * * * 

(b) * * * 

(13) Name of raw kiln feed or raw 

material. 

* * * * * 

(15) Method used to determine the 

monthly clinker production from each 

kiln. 

(16) Annual clinker production 

(metric tons). 

(17) Annual average clinker CO2

emission factor for the facility, averaged 

across all kilns (metric tons CO2/metric 

ton clinker produced). 

(18) Annual average CKD CO2

emission factor for the facility, averaged 

across all kilns (metric tons CO2/metric 

ton CKD produced). 

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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 56019 

Subpart K—[AMENDED] 

■ 11. Section 98.116 is amended by: 

■ a. Removing and reserving paragraphs 

(b), (e)(4), and (e)(5); and 

■ b. Revising paragraph (e)(6). 

The revisions read as follows: 

§ 98.116 Data reporting requirements. 

* * * * * 

(e) * * * 

(6) List the method used for the 

determination of carbon content for 

each material included for the 

calculation of annual process CO2

emissions for each EAF (e.g., supplier 

provided information, analyses of 

representative samples you collected). 

* * * * * 

Subpart L—[AMENDED] 

■ 12. Section 98.126 is amended by: 

■ a. Revising paragraph (b)(1); 

■ b. Removing and reserving paragraph 

(b)(2); 

■ c. Revising paragraphs (b)(6), (b)(7), 

and (b)(8)(i) through (iv); 

■ d. Removing and reserving paragraphs 

(b)(8)(v) and (b)(9); 

■ e. Revising paragraph (c)(1); 

■ f. Removing and reserving paragraph 

(c)(2); 

■ g. Revising paragraph (d); and 

■ h. Removing and reserving paragraphs 

(f)(1), (g)(1), and (h)(2). 

The revisions read as follows: 

§ 98.126 Data reporting requirements. 

* * * * * 

(b) * * * 

(1) If you calculate the relative and 

absolute errors under § 98.123(b)(1), the 

absolute and relative errors calculated 

under paragraph § 98.123(b)(1). 

* * * * * 

(6) The chemical formula of each 

fluorine-containing reactant that is fed 

into the process. 

(7) The chemical formula of each 

fluorine-containing product produced 

by the process. 

(8) * * * 

(i) The chemical formula of each 

fluorine-containing product that is 

removed from the process and fed into 

the destruction device. 

(ii) The chemical formula of each 

fluorine-containing by-product that is 

removed from the process and fed into 

the destruction device. 

(iii) The chemical formula of each 

fluorine-containing reactant that is 

removed from the process and fed into 

the destruction device. 

(iv) The chemical formula of each 

fluorine-containing by-product that is 

removed from the process and 

recaptured. 

* * * * * 

(c) * * * 

(1) The identity of the process activity 

used to estimate emissions (e.g., product 

produced or reactant consumed). 

* * * * * 

(d) Reporting for missing data. Where 

missing data have been estimated 

pursuant to § 98.125, you must report: 

(1) The reason the data were missing, 

the length of time the data were missing, 

and the method used to estimate the 

missing data. 

(2) Estimates of the missing data for 

all missing data associated with data 

elements required to be reported in this 

section. 

* * * * * 

Subpart N—[AMENDED] 

■ 13. Section 98.146 is amended by 

revising paragraph (b)(2) and removing 

and reserving paragraphs (b)(4) and 

(b)(6) to read as follows: 

§ 98.146 Data reporting requirements. 

* * * * * 

(b) * * * 

(2) Annual quantity of each carbonatebased raw material charged (tons) to all 

furnaces combined. 

* * * * * 

Subpart O—[AMENDED] 

■ 14. Section 98.156 is amended by: 

■ a. Removing and reserving paragraphs 

(a)(2), (a)(7) through (10), (b)(1), and 

(b)(2); 

■ b. Revising paragraph (d) introductory 

text; and 

■ c. Removing and reserving paragraphs 

(d)(1), (d)(5), and (e)(1). 

The revisions read as follows: 

§ 98.156 Data reporting requirements. 

* * * * * 

(d) If the HFC–23 concentration 

measured pursuant to § 98.154(l) is 

greater than that measured during the 

performance test that is the basis for the 

destruction efficiency (DE), the facility 

shall report the following: 

* * * * * 

Subpart P—[AMENDED] 

■ 15. Section 98.166 is amended by: 

■ a. Revising the introductory text; 

■ b. Removing and reserving paragraphs 

(b)(2), (b)(5), and (b)(6); and 

■ c. Adding paragraphs (b)(7) and (e). 

The revisions and additions read as 

follows: 

§ 98.166 Data reporting requirements. 

In addition to the information 

required by § 98.3(c), each annual report 

must contain the information specified 

in paragraphs (a) or (b) of this section, 

as appropriate, and paragraphs (c) 

through (e) of this section: 

* * * * * 

(b) * * * 

(7) Name and annual quantity (metric 

tons) of each carbon-containing fuel and 

feedstock. 

* * * * * 

(e) Annual methanol production 

(metric tons), if this quantity is not 

reported under subpart X of this part. 

Subpart Q—[AMENDED] 

■ 16. Section 98.176 is amended by: 

■ a. Revising paragraph (b); 

■ b. Removing and reserving paragraphs 

(e)(1), (e)(3), (e)(4); and adding 

paragraph (e)(6); and 

■ c. Removing and reserving paragraphs 

(f)(2) through (4), and (g). 

The revisions and additions read as 

follows: 

§ 98.176 Data reporting requirements. 

* * * * * 

(b) If a CEMS is used to measure CO2

emissions, then you must report the 

annual production quantity for the 

production unit (in metric tons) for 

taconite pellets, coke, sinter, iron, and 

raw steel. 

* * * * * 

(e) * * * 

(6) The information specified in 

paragraphs (e)(6)(i) through (vi) of this 

section aggregated for all process units 

for which CO2 emissions were 

determined using the mass balance 

method in § 98.173(b)(1), except as 

provided in § 98.174(b)(4). 

(i) The annual mass (metric tons) of 

all gaseous, liquid, and solid fuels 

(combined) used in process units for 

which CO2 emissions were determined 

using Equations Q–1 through Q–7 of 

this section, calculated as specified in 

Equation Q–9 of this section. 

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56020 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

Where: 

Fuel = Annual mass of all gaseous, liquid, 

and solid fuels used in process units 

(metric tons). 

n = Number of process units where fuel is 

used. 

Fg,i = Annual volume of gaseous fuel 

combusted (‘‘(Fg)’’ in Equations Q–1, Q– 

4 and Q–7 of this section) for each 

process (scf). 

MWi = Molecular weight of gaseous fuel used 

in each process (kg/kg-mole). 

MVC = Molar volume conversion factor at 

standard conditions, as defined in § 98.6. 

Use 849.5 scf per kg mole if you select 

68 °F as standard temperature and 836.6 

scf per kg mole if you select 60 °F as 

standard temperature. 

Fl,i = Annual volume of the liquid fuel 

combusted (‘‘(Fl)’’ included in Equation 

Q–1 of this section) for each process unit 

(gallons). 

Fs,i = Annual mass of the solid fuel 

combusted (‘‘(Fs)’’ in Equation Q–1 of 

this section) for each process unit (metric 

tons). 

rl,i = Density of the liquid fuel (kg/gallon). 

0.001 = Conversion factor from kg to metric 

tons. 

(ii) The annual mass (metric tons) of 

all non-fuel material inputs (combined) 

specified in Equations Q–1 through Q– 

7 of this section, calculated as specified 

in Equation Q–10 of this section. 

Where: 

NFI = Annual mass of all non-fuel inputs (to 

all process unit types) specified in 

Equations Q–1 through Q–7 of this 

section (metric tons). 

n = Number of process units, all process 

types. 

O = Annual mass of greenball (taconite) 

pellets fed to the taconite furnace(s) 

(metric tons). 

Iron = Annual mass of molten iron charged 

to the basic oxygen furnace(s) plus 

annual mass of direct reduced iron 

charged to the EAF(s) (metric tons). 

Scrap = Annual mass of ferrous scrap 

charged to the basic oxygen furnace(s) 

and EAF(s) (metric tons). 

Flux = Annual mass of flux materials charged 

to the basic oxygen furnace(s) and EAF(s) 

(metric tons). 

Carbon = Annual mass of carbonaceous 

materials (e.g., coal, coke) charged to the 

basic oxygen furnace(s), EAF(s), and 

direct reduction furnace(s) (metric tons). 

Coal = Annual mass of coal charged to the 

coke oven battery(s) (metric tons). 

Feed = Annual mass of sinter feed material 

charged to the sinter process(es) (metric 

tons). 

Electrode = Annual mass of carbon electrode 

consumed in the EAF(s) (metric tons). 

Steelin = Annual mass of molten steel charged 

to the decarburization vessels (metric 

tons). 

Ore = Annual mass of iron ore or iron ore 

pellets fed to the direct reduction 

furnace(s) (metric tons). 

Other = Annual mass of other materials 

charged to the direction reduction 

furnace(s) (metric tons). 

(iii) The annual mass (metric tons) of 

all solid and liquid products and 

byproducts (combined) specified in 

Equations Q–1 through Q–7 of this 

section, calculated as specified in 

Equation Q–11 of this section. 

Where: 

Products = Annual mass of all solid and 

liquid products and by-products (from 

all process units) specified in Equations 

Q–1 through Q–7 of this section (metric 

tons). 

n = Number of process units, all types. 

P = Annual mass of fired pellets produced by 

the taconite furnace (metric tons). 

R = Annual mass of air pollution control 

residue from all process units (metric 

tons). 

Steelout = Annual mass of steel produced by 

the basic oxygen furnace(s), EAF(s) and 

decarburization vessel(s) (metric tons). 

Slag = Annual mass of slag produced by the 

basic oxygen furnace(s) and EAF(s) 

(metric tons). 

Coke = Annual mass of coke produced by the 

non-recovery coke batteries (metric tons). 

Sinter = Annual mass of sinter produced 

from the sinter process(es) (metric tons). 

Iron = Annual mass of iron produced from 

the direct reduction furnace (metric 

tons). 

NM = Annual mass of non-metallic materials 

produced by the direct reduction furnace 

(metric tons). 

(iv) The weighted average carbon 

content of all gaseous, liquid, and solid 

fuels (combined) included in Equation 

Q–9 of this section, calculated as 

specified in Equation Q–12 of this 

section. 

Where: 

CFavg = Weighted average carbon content of 

all gaseous, liquid, and solid fuels 

included in Equation Q–9 of this section 

(weight fraction). 

n = Number of gaseous, liquid, and solid fuel 

input to each process unit as used in 

Equation Q–9. 


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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 56021 

Cgf,i = Average carbon content of the gaseous 

fuel used in each process, from the fuel 

analysis results (kg C per kg of fuel). 

Clf,i = Carbon content of the liquid fuel used 

in each process, from the fuel analysis 

results (kg C per gallon of fuel. 

Csf = Carbon content of the solid fuel used 

in each process, from the fuel analysis 

(expressed as a decimal fraction, e.g., 

95% = 0.95). 

Fuel = Annual mass of all gaseous, liquid, 

and solid fuels used in process units 

(metric tons), as calculated in Equation 

Q–9. 

(v) The weighted average carbon 

content of all non-fuel inputs to all 

process units (combined) included in 

Equation Q–10 of this section, 

calculated as specified in Equation Q– 

13 of this section. 

Where: 

CIavg = Weighted average carbon content of 

all non-fuel inputs to all process units 

included in Equation Q–10 of this 

section (weight fraction). 

n = Number of non-fuel inputs to all process 

units as used in Equation Q–10. 

NFIi = Annual mass of each non-fuel input 

used in Equation Q–10 (metric tons). 

CNFIi = Average carbon content of each nonfuel input used in Equation Q–10 

(expressed as a decimal fraction). 

NFI = Total of all non-fuel inputs to all 

process units (metric tons). 

(vi) The weighted average carbon 

content of all solid and liquid products 

and byproducts from all process units 

(combined) included in Equation Q–11 

of this section, calculated as specified in 

Equation Q–14 of this section. 

Where: 

CPavg = Weighted average carbon content of 

all solid and liquid products and 

byproducts from all process units 

(weight fraction). 

n = Number of products and byproducts from 

each process unit as used in Equation Q– 

11 of this section. 

Producti = Annual mass of each product or 

byproduct used in Equation Q–11 of this 

section (metric tons). 

Cp,i = Average carbon content of each product 

or byproduct used in Equation Q–11 of 

this section (expressed as a decimal 

fraction). 

Products = Mass of all products and 

byproducts from all process units, 

calculated in Equation Q–11 of this 

section (metric tons). 

* * * * * 

Subpart R—[AMENDED] 

■ 17. Section 98.186 is amended by 

removing and reserving paragraphs 

(b)(6) and (b)(7); and revising paragraph 

(b)(8) to read as follows: 

§ 98.186 Data reporting procedures. 

* * * * * 

(b) * * * 

(8) List the method used for the 

determination of carbon content for 

each material used for the calculation of 

annual process CO2 emissions using 

Equation R–1 of this subpart for each 

smelting furnace (e.g., supplier provided 

information, analyses of representative 

samples you collected). 

* * * * * 

Subpart S—[AMENDED] 

■ 18. Section 98.196 is amended by: 

■ a. Revising paragraph (b) introductory 

text; 

■ b. Removing and reserving paragraphs 

(b)(2), (b)(3), (b)(5), (b)(6), (b)(8), (b)(10), 

(b)(11), and (b)(12); and 

■ c. Adding paragraph (b)(18). 

The revisions and additions read as 

follows: 

§ 98.196 Data reporting requirements. 

* * * * * 

(b) If a CEMS is not used to measure 

CO2 emissions, then you must report the 

information listed in paragraphs (b)(1) 

through (18) of this section. 

* * * * * 

(18) Annual quantity (metric tons) of 

lime product sold, by type. 

Subpart U—[AMENDED] 

■ 19. Section 98.216 is amended by 

removing and reserving paragraphs (b), 

(e)(1), (e)(2), and (f). 

Subpart V—[AMENDED] 

■ 20. Section 98.226 is amended by: 

■ a. Revising the introductory text; 

■ b. Removing and reserving paragraphs 

(d), (m)(1), and (m)(3); and 

■ c. Adding paragraph (q). 

The revisions and additions read as 

follows: 

§ 98.226 Data reporting requirements. 

In addition to the information 

required by § 98.3(c), each annual report 

must contain the information specified 

in paragraphs (a) through (q) of this 

section. 

* * * * * 

(q) Annual percent N2O emission 

reduction for all production units 

combined. 

Subpart X—[AMENDED] 

■ 21. Section 98.246 is amended by: 

■ a. Revising paragraph (a) introductory 

text and paragraphs (a)(2) and (a)(4); 

■ b. Adding paragraphs (a)(12) and (13); 

■ c. Revising paragraph (b) introductory 

text; 

■ d. Removing and reserving paragraphs 

(b)(5)(iii) and (b)(5)(iv); and 

■ e. Adding paragraphs (b)(9) and 

(b)(10). 

The revisions and additions read as 

follows: 

§ 98.246 Data reporting requirements. 

* * * * * 

(a) If you use the mass balance 

methodology in § 98.243(c), you must 

report the information specified in 

paragraphs (a)(1) through (a)(13) of this 

section for each type of petrochemical 

produced, reported by process unit. 

* * * * * 

(2) The type of petrochemical 

produced, names of products, and 

names of carbon-containing feedstocks. 

* * * * * 

(4) The temperature (in °F) at which 

the gaseous feedstock and product 

volumes used in Equation X–1 of this 

subpart were determined. 

* * * * * 

(12) Name and annual quantity (in 

metric tons) of each carbon-containing 

feedstock included in Equations X–1, 

X–2, and X–3 of § 98.243 of this subpart. 

(13) Name and annual quantity (in 

metric tons) of each product included in 


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56022 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 

Equations X–1, X–2, and X–3 of § 98.243 

of this subpart. 

(b) If you measure emissions in 

accordance with § 98.243(b), then you 

must report the information listed in 

paragraphs (b)(1) through (b)(10) of this 

section. 

* * * * * 

(9) Name and annual quantity (in 

metric tons) of each carbon-containing 

feedstock. 

(10) Name and annual quantity (in 

metric tons) of each carbon-containing 

co-product. 

* * * * * 

Subpart Y—[AMENDED] 

■ 22. Section 98.256 is amended by: 

■ a. Revising paragraphs (e)(6) and (e)(7) 

introductory text; 

■ b. Removing and reserving paragraph 

(e)(7)(ii); 

■ c. Revising paragraphs (e)(9) and 

(e)(10); 

■ d. Adding paragraph (e)(11); 

■ e. Revising paragraphs (f)(7) and 

(f)(10) through (13); 

■ f. Removing and reserving paragraph 

(h)(4); 

■ g. Revising paragraphs (h)(5), (i)(5), 

(i)(7), and (i)(8); 

■ h. Removing and reserving paragraph 

(j)(2); 

■ i. Revising paragraphs (j)(5) through 

(9), (k)(3), (k)(4), (l)(5), and (m)(3); 

■ j. Removing and reserving paragraphs 

(o)(2)(ii), (o)(4)(ii) through (v), and (o)(6) 

and (7); and 

■ k. Revising paragraph (p)(2). 

The revisions and additions read as 

follows: 

§ 98.256 Data reporting requirements. 

* * * * * 

(e) * * * 

(6) If you use Equation Y–1a of this 

subpart, an indication of whether daily 

or weekly measurement periods are 

used, the annual volume of flare gas 

combusted (in scf/year) and the annual 

average molecular weight (in kg/kgmole), and annual average carbon 

content of the flare gas (in kg carbon per 

kg flare gas). 

(7) If you use Equation Y–1b of this 

subpart, an indication of whether daily 

or weekly measurement periods are 

used, the annual volume of flare gas 

combusted (in scf/year), the annual 

average CO2 concentration (volume or 

mole percent), the number of carbon 

containing compounds other than CO2

in the flare gas stream, and for each of 

the carbon containing compounds other 

than CO2 in the flare gas stream: 

* * * * * 

(9) If you use Equation Y–3 of this 

subpart, the number of SSM events 

exceeding 500,000 scf/day. 

(10) The basis for the value of the 

fraction of carbon in the flare gas 

contributed by methane used in 

Equation Y–4 of this subpart. 

(11) If using Equation Y–3 of this 

subpart, report: 

(i) Annual quantity of flare gas 

combusted (in MMscf per year). 

(ii) Annual average molecular weight 

of flare gas combusted (in mmBtu per 

MMscf). 

(iii) Annual average carbon content of 

flare gas combusted (expressed as a 

decimal fraction). 

(f) * * * 

(7) If you use Equation Y–6 of this 

subpart, the annual average exhaust gas 

flow rate, %CO2, and %CO. 

* * * * * 

(10) If you use Equation Y–8 of this 

subpart, the basis for the value of the 

coke burn-off factor, annual throughput 

of unit, and the average carbon content 

of coke. 

(11) Indicate whether you use a 

measured value, a unit-specific 

emission factor, or a default emission 

factor for CH4 emissions. If you use a 

unit-specific emission factor for CH4, 

report the basis for the factor. 

(12) Indicate whether you use a 

measured value, a unit-specific 

emission factor, or a default emission 

factor for N2O emissions. If you use a 

unit-specific emission factor for N2O, 

report the basis for the factor. 

(13) If you use Equation Y–11 of this 

subpart, the number of regeneration 

cycles or measurement periods during 

the reporting year and the average coke 

burn-off quantity per cycle or 

measurement period. 

* * * * * 

(h) * * * 

(5) If you recycle tail gas to the front 

of the sulfur recovery plant, indicate 

whether the recycled flow rate and 

carbon content are included in the 

measured data under § 98.253(f)(2) and 

(3). Indicate whether a correction for 

CO2 emissions in the tail gas was used 

in Equation Y–12 of this subpart. If so, 

then report: 

(i) The value of the correction. 

(ii) If the following data are not used 

to calculate the recycling correction 

factor, report the information specified 

in paragraphs (h)(5)(ii)(A) through (C) of 

this section. 

(A) The annual volume of recycled 

tail gas (in scf/year) only. 

(B) The annual average mole fraction 

of carbon in the tail gas (in kg-mole C/ 

kg-mole gas). 

(C) Indicate whether you used the 

default (95%) or a unit specific 

correction, and if used, report the 

approach used. 

* * * * * 

(i) * * * 

(5) If you use Equation Y–13 of this 

subpart, an indication of whether coke 

dust is recycled to the unit (e.g., all dust 

is recycled, a portion of the dust is 

recycled, or none of the dust is 

recycled). 

* * * * * 

(7) Indicate whether you use a 

measured value, a unit-specific 

emission factor or a default for CH4

emissions. If you use a unit-specific 

emission factor for CH4, report the basis 

for the factor. 

(8) Indicate whether you use a 

measured value, a unit-specific 

emission factor, or a default emission 

factor for N2O emissions. If you use a 

unit-specific emission factor for N2O, 

report the basis for the factor. 

(j) * * * 

(5) If you use Equation Y–14 of this 

subpart, the basis for the CO2 emission 

factor used. 

(6) If you use Equation Y–15 of this 

subpart, the basis for the CH4 emission 

factor used. 

(7) If you use Equation Y–16 of this 

subpart, the basis for the carbon 

emission factor used. 

(8) If you use Equation Y–16b of this 

subpart, the basis for the CO2 emission 

factor used and the basis for the carbon 

emission factor used. 

(9) If you use Equation Y–17 of this 

subpart, the basis for the CH4 emission 

factor used. 

(k) * * * 

(3) The total number of delayed 

coking units at the facility; the total 

number of delayed coking drums at the 

facility; and, for each coke drum or 

vessel, the typical drum outage (i.e. the 

unfilled distance from the top of the 

drum, in feet). 

(4) For each set of coking drums that 

are the same dimensions, the number of 

coking drums in the set, and the mole 

fraction of methane in coking gas (in kgmole CF4/kg-mole gas, wet basis). 

* * * * * 

(l) * * * 

(5) The annual volumetric flow 

discharged to the atmosphere (in scf), 

and an indication of the measurement or 

estimation method, annual average mole 

fraction of each GHG above the 

concentration threshold or otherwise 

required to be reported and an 

indication of the measurement or 

estimation method, and for intermittent 

vents, the number of venting events and 

the cumulative venting time. 

(m) * * * 

(3) For uncontrolled blowdown 

systems reporting under § 98.253(k), the 

basis for the value of the methane 

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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Proposed Rules 56023 

emission factor used for uncontrolled 

blowdown systems. 

* * * * * 

(p) * * * 

(2) The types of materials loaded that 

have an equilibrium vapor-phase 

concentration of methane of 0.5 volume 

percent or greater, and the type of vessel 

(barge, tanker, marine vessel, etc.) in 

which each type of material is loaded. 

* * * * * 

Subpart Z—[AMENDED] 

■ 23. Section 98.266 is amended by 

removing and reserving paragraphs (f)(5) 

and (f)(6). 

Subpart AA—[AMENDED] 

■ 24. Section 98.276 is amended by: 

■ a. Revising the introductory 

paragraph; 

■ b. Removing and reserving paragraph 

(b); 

■ c. Revising paragraph (c); 

■ d. Removing and reserving paragraphs 

(d), (f), (g), (h) and (i); and 

■ e. Adding paragraphs (l) and (m). 

The revisions and additions read as 

follows: 

§ 98.276 Data reporting requirements. 

In addition to the information 

required by § 98.3(c) and the applicable 

information required by § 98.36, each 

annual report must contain the 

information in paragraphs (a) through 

(m) of this section as applicable: 

* * * * * 

(c) Basis for determining the annual 

mass of the spent liquor solids 

combusted (whether based on T650 om05 Solids Content of Black Liquor, 

TAPPI (incorporated by reference, see 

§ 98.7) or an online measurement 

system). 

* * * * * 

(l) For each pulp mill lime kiln, report 

the information specified in paragraphs 

(l)(1) and (2) of this section. 

(1) The quantity of calcium oxide 

(CaO) produced (metric tons). 

(2) The percent of annual heat input, 

individually for each fossil fuel type. 

(m) For each chemical recovery 

furnace and each chemical recovery 

combustion unit for which you are not 

using Equation C–2c of this part to 

calculate CO2 emissions, report the 

information specified in paragraphs 

(m)(1) and (2) of this section. 

(1) The annual mass of steam 

generated (lb steam), individually for 

each fossil fuel type and for spent liquor 

solids. 

(2) The ratio of the unit’s maximum 

rated heat input capacity to its design 

rated steam output capacity (mmBtu/lb 

steam), individually for each fossil fuel 

type and for spent liquor solids. 

Subpart BB—[AMENDED] 

■ 25. Section 98.286 is amended by 

removing and reserving paragraphs 

(b)(1), (b)(4), and (b)(6). 

Subpart CC—[AMENDED] 

■ 26. Section 98.296 is amended by 

removing and reserving paragraphs 

(b)(5) through (7). 

Subpart EE—[AMENDED] 

■ 27. Section 98.316 is amended by 

removing and reserving paragraphs 

(b)(6) and (b)(9). 

Subpart GG—[AMENDED] 

■ 28. Section 98.336 is amended by 

removing and reserving paragraphs 

(b)(6), (b)(7), and (b)(10). 

Subpart TT—[AMENDED] 

■ 29. Section 98.466 is amended by: 

■ a. Removing and reserving paragraph 

(c)(3)(i); 

■ b. Revising paragraph (c)(3)(ii); and 

■ c. Removing and reserving paragraph 

(c)(3)(iii). 

The revisions read as follows: 

§ 98.466 Data reporting requirements. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) The year of the data used in 

Equation TT–2 for the waste disposal 

quantity and production quantity, for 

each year used in Equation TT–2 of this 

subpart to calculate the average waste 

disposal factor (WDF). 

* * * * * 

[FR Doc. 2013–21773 Filed 9–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

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