Proposed ConfidentialityDeterminations for the MandatoryGreenhouse Gas Reporting Rule AndProposed Rule AmendmentSpecifying Procedures For HandlingPart 98 DataClimate Change Division,OAR, US EPA1Outline•Background & Overall Approach•Approach and Determinations for Direct Emitters•Approach and Determinations for Suppliers•Proposed Amendment to 40 CFR 2.301•Request for Comment•Additional Information2BackgroundGreenhouse Gas Reporting Program (GHGRP)1:•40 CFR part 98 published on October 30, 2009.•Requires reporting of GHGs2by:–Facilities that directly emit GHGs from industrialprocesses and stationary fuel combustion; and–Upstream suppliers of fuels and industrial GHGs.1The GHGRP refers to the implementation of Part 98. This proposal does not include the vehicle manufacturing requirements foundin 40CFR parts 86, 87, 89, 90, 94, 1033, 1039,1042, 1045, 1048, 1051, 1054, and 1065.2Greenhouse gases.3Background (cont.)•Data collection for existing affected facilities andsuppliers began January 1, 2010, with first annualreport due March 31, 2011.•Additional source categories to be finalized in 2010with data collection proposed to begin 2011.•GHGRP will require reporting of over 1,500 uniquedata elements.4Background (cont.)•EPA received many comments during MRR rulemakingregarding public release of GHGRP data.•Industry claimed GHGRP data contains CBI3which, ifreleased, would cause loss of competitive advantage andresult in an unlevel playing field with foreignmanufacturers.•NGOs, States, and the public stressed importance ofreleasing data for transparency and verificationpurposes.3CBI refers to trade secrets and confidential business information.5Background (cont.)•EPA typically makes CBI determinations on a case by casebasis.•Timely release of non-confidential GHGRP data notpossible with case-by-case determinations due to the largenumbers of entities expected to report (over 10,000) andthe large number of data elements to be reported (over1,500).•EPA is addressing confidentiality of data elementscollected under the GHGRP through notice and comment.6Background (cont.)•In the June 2010 confidentiality notice, EPA proposes:–Confidentiality determinations for data elementsreported under GHGRP; and–Regulations for handling of GHGRP data based on finalconfidentiality determinations (e.g., eliminatingnotifications to individual facilities prior to release ofdata).7Overall Approach•EPA categorized data elements into 22 categories:–11 categories for direct emitters.–11 categories for suppliers.•Except for three supplier categories, confidentialitydeterminations made on a category basis.8Overall Approach (cont.)•The CAA precludes “emission data” frombeing considered confidential andrequires that such data be available to the public.•Each category is given one of the following proposed determinations:1.Meets definition of “emissions data” and therefore shall be available tothe public under CAA sec 114(c)–CBI determination is not necessaryFor data elements that are not “emission data”:2.Not CBI because data is:–Not likely to cause substantial harm to business’s competitiveposition (40 CFR 2.208)3.CBI—Entitled to confidential treatmentunless subsequently determined tobe emission data or otherwise not qualified as CBI9Definition of Emission Data40CFR 2.301(a)(2)(i):(A)Informationnecessary to determinethe identity, amount,frequency, concentration, or other characteristics (to the extentrelated to air quality) of any emissionwhich has been emitted by thesource(or of any pollutant resulting fromany emission by the source),or any combination of the foregoing;(B)Information necessary to determine the identity, amount,frequency, concentration, or other characteristics (to the extentrelated to air quality) of the emissions which, under an applicablestandard or limitation, the source was authorized to emit (including, tothe extent necessary for such purposes, a description of the manner orrate of operation of the source); and(C)A general description of the location and/or nature of thesource to the extent necessary to identify the source and to distinguishit from other sources (including,to the extent necessary for suchpurposes, a description of the device, installation, or operationconstituting the source).10Direct Emitters•EPA proposes that only informationneeded to calculate or determinereported GHG emissions be determined to be “emission data”.•In proposing CBI determinations forall other direct emitter data, EPAconsidered the confidentiality determination criteria at 40 CFR 2.208, inparticular whether release of the datawould likely cause substantial harm tobusiness’s competitive position.•EPA proposes to determine thatalldata reported by direct emitters areeither emission data or non-CBI, except:•Production/throughput data elements that are not inputs toemission calculations.•Production process inputs (raw materials) that are not inputs toemission calculations.•Process-specific and VendorData Submitted in BAMM2ExtensionRequests.2BAMM: Best AvailableMonitoring Methods11Direct Emitters (cont.)Proposed Determinations for DataReported by Direct Emitters:Meets definition of“emission data”(Available to public)Not “emission data” ,Not CBI(Available to public)•Unit/process “Static”Characteristics That are NotInputs to Equations•Unit/process “Operating”Characteristics That are NotInputs to Equations•Test and Calibration MethodsNot “emission data”,CBI(Not available to public4)•Production/Throughput DataThat are Not Inputs toEquations•Raw Materials Consumed Thatare Not Inputs to Equations•Process-specific and VendorData Submitted in BAMMExtension Requests•Inputs to Emission Equations•Facility & Unit IdentifierInformation•Emissions•Calculation Methodology &Methodological Tier•Data Elements Reported forPeriods of Missing Data4Data will be released in aggregated format, as appropriate.12Suppliers•EPA proposes to determine thatsupplier data elements arenot “emission data” as defined at 40 CFR 2.301(a)(2)(i).–EPA interprets 2.301(a)(2)(i) to define “emission data” asinformation relative to emissions emitted, or authorizedto be emitted, bythe reporting sources.–Supplier data pertain to potential future GHG emissionsfrom the eventual use of the supplier’s products,notemissions from the supplier’s actual facility.•In proposing CBI determinations for supplier data, EPAconsidered the confidentiality determination criteria at 40CFR 2.208, in particular whether the release of the datawould likely cause substantialharm to business’s competitiveposition.13Suppliers (cont.)Proposed Determinations for Data Reported by Suppliers:Meets definition of“emission data”(Available to public)NoneNot “emission data”,Not CBI(Available to public)•Calculation, Test, andCalibration Methods•Identification Information•Data elements Reported forPeriods of Missing Data NotRelated toProduction/Throughput orMaterials ReceivedNot “emission Data”, CBI(Not available to public5)•Emission factors•Supplier Customer & Vendor information•Amount & Composition of MaterialsReceived•Data Elements Reported for Periods ofMissing Data That are related toProduction/Throughput or MaterialsReceived•Process-Specific and Vendor DataSubmitted in BAMM Extension Request•GHGs reported6•Production/Throughput Quantities & Composition6•Unit/Process Operating Characteristics65Data will be released in aggregated format, as appropriate.6Some data elements within this categoryare proposed as CBI and some are not. Decisions are subpart-specific, based on14nature of industry.Proposed Amendment to 40 CFR 2.301•The proposed amendment would allow EPA to releaseor withhold as CBI data elements reported under theGHGRP according to the final confidentialitydeterminations.•Amendment would apply only to GHGRP data.15Request for CommentsEPA is soliciting comment on the proposed confidentialitydeterminations and proposed amendment to 40 CFR 2.301.We are especially interested in receiving comment on the followingtopics:•Whether our approach to making confidentiality determinations is reasonableand proposed data categories are appropriate.•Whether our proposed confidentiality determinations are appropriate.•Whether there are source categories forwhich subpart-specific confidentialitydeterminations are warranted.•Whether an alternative interpretationof “emission data” would be appropriate.•Whether unique circumstances exist thatwould warrant a limited process for afacility to seek reconsideration of a final determination, and if so, what kind ofreconsideration process should be adopted.16Request for Comments (cont.)•EPA is also interested in receiving comment on the following:•Whether the confidential treatment of any data element should betime limited and, if so, for how long.•Whether there are any approaches for delaying publication of dataelements that would ease industry’sconcerns while enabling us tomeet our obligations under FOIA and CAA.•Whether there are approaches toaggregating CBI data that wouldprovide useful information to the public without disclosing CBI data.•Whether there are formats for publishing CBI and non-CBI data thatwould be most useful to the public.17Additional Information•The notice of proposed confidentiality determinations andproposed amendment to 40 CFR 2.301 will be published intheFederal Registershortly and will be available at:www.regulations.gov.•Additional information on GHGRP and a prepublicationversion of this action is available on the GHGRP website at:www.epa.gov/climatechange/emissions/ghgrulemaking.html18