Proposed Confidentiality 

Determinations for the Mandatory Greenhouse Gas Reporting Rule And Proposed Rule Amendment Specifying Procedures For Handling Part 98 Data 

Climate Change Division, OAR, US EPA
Outline 

• Background & Overall Approach • Approach and Determinations for Direct E• Approach and Determinations for Supplie• Proposed Amendment to 40 CFR 2.301 • Request for Comment • Additional Information 
Background 

Greenhouse Gas Reporting Program (GHGR

• 40 CFR part 98 published on October 30• Requires reporting of GHGs2 by: 

– Facilities that directly emit GHGs from 

processes and stationary fuel combust

– Upstream suppliers of fuels and indus

1 The GHGRP refers to the implementation of Part 98. This proposal does not include the vehicle manufa

CFR parts 86, 87, 89, 90, 94, 1033, 1039, 1042, 1045, 1048, 1051, 1054, and 1065. 

2 Greenhouse gases. 
Background (cont.)

• Data collection for existing affected fa

suppliers began January 1, 2010, with report due March 31, 2011. 

• Additional source categories to be fin

with data collection proposed to begin 

• GHGRP will require reporting of over 

data elements. 
Background (cont.) 

• EPA received many comments during MR

regarding public release of GHGRP data. 

• Industry claimed GHGRP data contains 

released, would cause loss of competitive result in an unlevel playing field with formanufacturers. 

• NGOs, States, and the public stressed im

releasing data for transparency and verifpurposes. 

3 CBI refers to trade secrets and confidential business information. 
Background (cont.) 

• EPA typically makes CBI determinations o

basis. 

• Timely release of non-confidential GHGR

possible with case-by-case determinations numbers of entities expected to report (ovthe large number of data elements to be re1,500). 

• EPA is addressing confidentiality of data e

collected under the GHGRP through notic
Background (cont.) 

• In the June 2010 confidentiality notice, EPA 

– Confidentiality determinations for data e

reported under GHGRP; and 

– Regulations for handling of GHGRP data 

confidentiality determinations (e.g., elimnotifications to individual facilities prior 

data). 
Overall Approach

• EPA categorized data elements into 22 ca

– 11 categories for direct emitters. – 11 categories for suppliers. 

• Except for three supplier categories, conf

determinations made on a category basis
Overall Approach (cont.)

• The CAA precludes “emission data” from being consid

requires that such data be available to the public. 

• Each category is given one of the following proposed d

1. Meets definition of “emissions data” and therefor

the public under CAA sec 114(c) 

– CBI determination is not necessary 

For data elements that are not “emission data”: 2. Not CBI because data is: 

– Not likely to cause substantial harm to busin

position (40 CFR 2.208) 

3. CBI 

— Entitled to confidential treatment unless subs

be emission data or otherwise not qualified as 
Definition of Emission Dat

40CFR 2.301(a)(2)(i): 

(A) Information necessary to determine the identity, amount, 

frequency, concentration, or other characteristics (to the extent related to air quality) of any emission which has been emitted bsource (or of any pollutant resulting from any emission by the s

or any combination of the foregoing; 

(B) Information necessary to determine the identity, amount

frequency, concentration, or other characteristics (to the extent related to air quality) of the emissions which, under an applicabstandard or limitation, the source was authorized to emit (incluthe extent necessary for such purposes, a description of the marate of operation of the source); and 

(C) A general description of the location and/or nature of the 

source to the extent necessary to identify the source and to distit from other sources (including, to the extent necessary for sucpurposes, a description of the device, installation, or operation constituting the source). 
Direct Emitters

• EPA proposes that only information needed to calculate 

reported GHG emissions be determined to be “emission 

• In proposing CBI determinations for all other direct em

considered the confidentiality determination criteria at particular whether release of the data would likely cause business’s competitive position. 

• EPA proposes to determine that all data reported by dir

either emission data or non-CBI, except: 

• Production/throughput data elements that are n

emission calculations. 

• Production process inputs (raw materials) that a

emission calculations. 

• Process-specific and Vendor Data Submitted in 

Requests. 

2 BAMM: Best Available Monitoring Methods 
Direct Emitters (cont.)

Proposed Determinations for Data Reported by Direct Meets definition of “emission data” (Available to public) 

Not “emission data” , Not CBI (Available to public) 

• Unit/process “Static” 

Characteristics That are Not Inputs to Equations 

• Unit/process “Operating” 

Characteristics That are Not Inputs to Equations 

• Test and Calibration Methods 

NoCB(No

• Pro

ThEq

• Ra

are 

• Pro

DaEx

• Inputs to Emission Equations 

• Facility & Unit Identifier 

Information 

• Emissions • Calculation Methodology & 

Methodological Tier 

• Data Elements Reported for 

Periods of Missing Data 

4Data will be released in aggregated format, as appropriate. 
Suppliers

• EPA proposes to determine that supplier data 

not “emission data” as defined at 40 CFR 2.30

– EPA interprets 2.301(a)(2)(i) to define “em

information relative to emissions emitted, to be emitted, by the reporting sources. 

– Supplier data pertain to potential future G

from the eventual use of the supplier’s pro

emissions from the supplier’s actual facilit

• In proposing CBI determinations for supplier 

considered the confidentiality determination CFR 2.208, in particular whether the release would likely cause substantial harm to busineposition. 
Suppliers (cont.)

Proposed Determinations for Data Reported by Suppliers: Meets definition of “emission data” (Available to public) None 

Not “emission data”, Not CBI (Available to public) 

• Calculation, Test, and 

Calibration Methods 

• Identification Information • Data elements Reported for 

Periods of Missing Data Not Related to Production/Throughput or Materials Received 

Not “emiss(Not availab

• Emission fac• Supplier Cus• Amount & C

Received 

• Data Elemen

Missing Data Production/Received 

• Process-Spec

Submitted in 

• GHGs reported6 

• Production/Throughput Q• Unit/Process Operating Ch

5 Data will be released in aggregated format, as appropriate.6 Some data elements within this category are proposed as CBI and some are not. Decisions nature of industry.
Proposed Amendment to 40 CFR 

• The proposed amendment would allow 

or withhold as CBI data elements reporGHGRP according to the final confidendeterminations. 

• Amendment would apply only to GHGR
Request for Comments 

EPA is soliciting comment on the proposed confidentiality determinations and proposed amendment to 40 CFR 2.301We are especially interested in receiving comment on the fotopics:

• Whether our approach to making confidentiality determ

and proposed data categories are appropriate. 

• Whether our proposed confidentiality determinations ar• Whether there are source categories for which subpart-s

determinations are warranted. 

• Whether an alternative interpretation of “emission data” 

• Whether unique circumstances exist that would warrant 

facility to seek reconsideration of a final determination, reconsideration process should be adopted. 
Request for Comments (cont.

• EPA is also interested in receiving comment on the • Whether the confidential treatment of any data ele

time limited and, if so, for how long.

• Whether there are any approaches for delaying pub

elements that would ease industry’s concerns while 

meet our obligations under FOIA and CAA.

• Whether there are approaches to aggregating CBI d

provide useful information to the public without di

• Whether there are formats for publishing CBI and 

would be most useful to the public. 
Additional Information

• The notice of proposed confidentiality deter

proposed amendment to 40 CFR 2.301 will the Federal Register shortly and will be ava

www.regulations.gov. 

• Additional information on GHGRP and a pr

version of this action is available on the GHwww.epa.gov/climatechange/emissions/gh