EPA Administrator Lisa P. Jackson signed the following document on May 

11, 2012, and EPA is submitting it for publication in the Federal 

Register (FR). While we have taken steps to ensure the accuracy of 

this Internet version of the document, it is not the official version. 

Please refer to the official version in a forthcoming FR publication, 

which will appear on the Government Printing Office's FDSys website 

(http://fdsys.gpo.gov/fdsys/search/home.action). {It will also appear 

on Regulations.gov (http://www.regulations.gov) in Docket No. EPA-HQOAR-2011-0147}.

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL-9667-4]

RIN 2060-AR53

2012 Technical Corrections, Clarifying and Other Amendments to 

the Greenhouse Gas Reporting Rule, and Proposed Confidentiality 

Determinations for Certain Data Elements of the Fluorinated Gas 

Source Category 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to amend specific provisions of 

the Greenhouse Gas Reporting Rule to provide greater clarity and 

flexibility to facilities subject to reporting emissions from 

certain source categories. These source categories will report 

greenhouse gas (GHG) data for the first time in September of 

2012. The proposed changes are not expected to significantly 

change the overall calculation and monitoring requirements of 

the Greenhouse Gas Reporting Rule or add additional requirements 
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for reporters, but are expected to correct errors and clarify 

existing requirements in order to facilitate accurate and timely 

reporting. The EPA is also proposing confidentiality 

determinations for four new data elements for the fluorinated 

gas production source category of the Greenhouse Gas Reporting 

Rule. Lastly, we are proposing an amendment to Table A-7 of the 

general provisions to add a data element used as an input to an 

emission equation in the fluorinated gas production source 

category.

DATES: Comments. Comments must be received on or before [INSERT 

DATE 30 DAYS AFTER DATE OF PUBLICATION OF THIS PROPOSED RULE IN 

THE FEDERAL REGISTER]. 

Public Hearing. The EPA does not plan to conduct a public 

hearing unless requested. To request a hearing, please contact 

the person listed in the following FOR FURTHER INFORMATION 

CONTACT section by [INSERT DATE 7 DAYS AFTER DATE OF PUBLICATION 

OF THIS PROPOSED RULE IN THE FEDERAL REGISTER]. Upon such 

request, the EPA will hold the hearing on [INSERT DATE 15 DAYS 

AFTER DATE OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL 

REGISTER], in the Washington, DC area. The EPA will provide 

further information about the hearing on the GHGRP website, 

http://www.epa.gov/climatechange/emissions/ghgrulemaking.html if 

a hearing is requested.
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We have taken steps to ensure the accuracy of this version, but it is not the official version.

ADDRESSES: Submit your comments, identified by Docket ID No. 

EPA-HQ-OAR-2011-0147, by one of the following methods:

 Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the online instructions for submitting comments.

 E-mail: MRR_Corrections@epa.gov. Include Docket ID No. EPAHQ-OAR-2011-0147 [and/or RIN number] in the subject line of 

the message.

 Fax: (202) 566–9744.

 Mail: Environmental Protection Agency, EPA Docket Center 

(EPA/DC), Mailcode 2822T, Attention Docket ID No. EPA-HQOAR–2011-0147, 1200 Pennsylvania Avenue, NW., Washington, 

DC 20004.

 Hand/Courier Delivery: EPA Docket Center, Public Reading 

Room, EPA West Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. Such deliveries are only 

accepted during the Docket’s normal hours of operation, and 

special arrangements should be made for deliveries of boxed 

information.

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, U.S. EPA, 
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Office of Atmospheric Programs, Climate Change Division, Mail 

Code 6207–J, Washington, DC, 20460, telephone (202) 343-9263, email address: GHGReportingRule@epa.gov.

Instructions: Direct your comments to Docket ID No. EPA–HQ–

OAR–2011-0147. 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. Should you choose to submit information that you claim 

to be CBI in response to this notice, clearly mark the part or 

all of the comments that you claim to be CBI submitted in 

response to this notice. For information that you claim to be 

CBI in a disk or CD ROM that you mail to EPA, mark the outside 

of the disk or CD ROM as CBI and then identify electronically 

within the disk or CD ROM the specific information that is 

claimed as CBI. In addition to one complete version of the 

comment that includes information claimed as CBI, a copy of the 

comment that does not contain the information claimed as CBI 

must be submitted for inclusion in the public docket. 

Information marked as CBI will not be disclosed except in 
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accordance with procedures set forth in 40 CFR Part 2. Send or 

deliver information claimed as CBI to only the mail or 

hand/courier deliver address listed above, attention: Docket ID 

No. EPA-HQ-OAR-2011-0147. 

If you have any questions about CBI or the procedures for 

claiming CBI, please consult the person identified in the FOR 

FURTHER INFORMATION CONTACT section. Do not submit information 

that you consider to be CBI or otherwise protected through 

http://www.regulations.gov or e-mail. The 

http://www.regulations.gov website 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 e-mail comment directly to the EPA 

without going through http://www.regulations.gov your e-mail 

address will be automatically captured and included as part of

the comment that is placed in the public docket and made 

available on the Internet. If you submit an electronic comment, 

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.
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Docket: All documents in the docket are listed in the 

http://www.regulations.gov index. Although listed in the index, 

some information is not publicly available, e.g., CBI or other 

information whose disclosure is restricted by statute. Certain 

other material, such as copyrighted material, will be publicly 

available only in hard copy. Publicly available docket materials 

are available either electronically in 

http://www.regulations.gov or in hard copy at the Air Docket, 

EPA/DC, EPA West Building, Room 3334, 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 INFORMATION CONTACT: Carole Cook, Climate Change 

Division, Office of Atmospheric Programs (MC-6207J), 

Environmental Protection Agency, 1200 Pennsylvania Ave., NW, 

Washington, DC 20460; telephone number: (202) 343-9263; fax 

number: (202) 343-2342; e-mail address: 

GHGReportingRule@epa.gov. For technical information, please go 

to the Greenhouse Gas Reporting Rule Program website at 

http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. 

To submit a question, select Rule Help Center, followed by 

Contact Us. To obtain information about the public hearing or to 
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register to speak at the hearing, please go to 

http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. 

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 will also be 

available through the WWW. Following the Administrator's 

signature, a copy of this action will be posted on the EPA's 

Greenhouse Gas Reporting Program website at 

http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION:

Regulated Entities. The Administrator determined that this 

action is subject to the provisions of Clean Air Act (CAA) 

section 307(d). See CAA section 307(d)(1)(V) (the provisions of 

section 307(d) apply to “such other actions as the Administrator 

may determine”). These are proposed amendments to existing 

regulations. If finalized, these amended regulations would 

affect owners or operators of direct emitters of GHGs. Regulated 

categories and examples of affected entities include those 

listed in Table 1 of this preamble:

Table 1. Examples of Affected Entities by Category

Category NAICS Examples of affected facilities

Petroleum and 

Natural Gas Systems 486210 Pipeline transportation of natural gas.

221210 Natural gas distribution facilities.

211 Extractors of crude petroleum and natural 

gas.

211112 Natural gas liquid extraction facilities.
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Category NAICS Examples of affected facilities

Electronics 

Manufacturing

334111 Microcomputers manufacturing 

facilities.

334413 Semiconductor, photovoltaic (solidstate) device manufacturing

facilities.

334419 LCD unit screens manufacturing 

facilities.

334419 MEMS manufacturing facilities.

Fluorinated Gas 

Production

325120 Industrial gases manufacturing 

facilities.

Industrial Waste 

Landfills

562212 Solid waste landfills.

322110 Pulp mills.

322121 Paper mills.

322122 Newsprint mills.

322130 Paperboard mills.

311611 Meat processing facilities.

311411 Frozen fruit, juice, and vegetable 

manufacturing facilities.

311421 Fruit and vegetable canning facilities.

221320 Sewage treatment facilities.

Table 1 of this preamble is not intended to be exhaustive, 

but rather lists the types of facilities that the EPA is now 

aware could be potentially affected by the reporting 

requirements. Other types of facilities not listed in the table 

could also be subject to reporting requirements. To determine 

whether you are affected by this action, you should carefully 

examine the applicability criteria found in 40 CFR part 98, 

subpart A or the relevant criteria in the sections related to 

direct emitters of GHGs. If you have questions regarding the 

applicability of this action to a particular facility, consult 

the person listed in the preceding FOR FURTHER INFORMATION 

CONTACT section.
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Acronyms and Abbreviations. The following acronyms and 

abbreviations are used in this document.

acf actual cubic feet

AGR acid gas removal

ASTM American Society for Testing and Materials

BAMM best available monitoring methods

CAA Clean Air Act

CBI confidential business information

CEMS continuous emissions monitoring system

CFC chlorofluorocarbon

CFR Code of Federal Regulations

CH4 methane

CO2 carbon dioxide

DOC degradable organic carbon

EF emission factor

e-GGRT electronic-GHG Reporting Tool

EPA U.S. Environmental Protection Agency

FR Federal Register

GHG greenhouse gas

GHGRP Greenhouse Gas Reporting Program

HCFC hydrochlorofluorocarbon

kg kilograms

kg/ft3 kilograms per cubic foot

mcf methane correction factor

MMscf million standard cubic feet

MRV monitoring, reporting and verification

MSHA Mine Safety and Health Administration

MtCO2e metric tons carbon dioxide equivalent

N2O nitrous oxide

NAICS North American Industry Classification System

NOAA National Oceanic and Atmospheric Administration

NTTAA National Technology Transfer and Advancement Act

OMB Office of Management and Budget
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PFCs perfluorocarbons

psia pounds per square inch absolute

RFA Regulatory Flexibility Act

SF6 sulfur hexafluoride

U.S. United States

UMRA Unfunded Mandates Reform Act of 1995

TABLE OF CONTENTS 

I. Background

A. How is this preamble organized?

B. Background on This Action

C. Legal Authority

D. How would these amendments apply to 2012 reports?

E. How would these amendments affect confidentiality 

determinations?

II. Technical Corrections, Clarifying and Other Amendments

A. Subpart A – General Provisions

1. Background

2. Proposed Amendments

3. Overview and Approach to Proposed CBI Determinations

B. Subpart TT – Industrial Waste Landfills

1. Background

2. Proposed Amendment

3. Overview and Approach to Proposed CBI Determinations

C. Subpart W – Petroleum and Natural Gas Systems

1. Background

2. Proposed Technical Corrections

3. Overview and Approach to Proposed CBI Determinations

D. Subpart L – Fluorinated Gas Production

1. Background

2. Proposed Amendments

3. Overview and Approach to Proposed CBI Determinations

III. 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
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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. Background

A. How is this preamble organized?

The first section of this preamble contains the basic 

background information about the origin of these proposed rule 

amendments and request for public comment. This section also 

discusses the EPA’s use of our legal authority under the Clean 

Air Act to collect data under the Mandatory Reporting of 

Greenhouse Gases Reporting Rule, hereinafter referred to as the 

“GHG Reporting Rule.”

The second section of this preamble describes in detail the 

changes that are being proposed to correct technical errors, to 

provide clarification, or to address implementation issues 

identified by the EPA and others. This section also presents the 

EPA’s rationale for the proposed changes and identifies issues 

on which the EPA is particularly interested in receiving public 

comments. This section also includes proposed confidentiality 

determinations for four new data elements for the fluorinated 

gas production source category of the Greenhouse Gas Reporting 

Rule.
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Finally, the last (third) section of the preamble discusses 

the various statutory and executive order requirements 

applicable to this proposed rulemaking.

B. Background on This Action

The 2009 final GHG Reporting Rule was signed by EPA 

Administrator Lisa Jackson on September 22, 2009 and published 

in the Federal Register on October 30, 2009 (74 FR 56260, 

hereafter referred to as the “2009 final rule” or “Part 98”). 

The 2009 final rule, which became effective on December 29, 

2009, requires reporting of GHGs from various facilities and 

suppliers, consistent with the 2008 Consolidated Appropriations 

Act.

1 Subsequent notices were published in 2010 finalizing the 

requirements for subpart TT (75 FR 39736, July 12, 2010), 

subpart W (75 FR 74458, November 30, 2010), and subpart L (75 FR 

74774, December 1, 2010). 

Following the promulgation of these subparts, the EPA 

finalized four technical corrections and clarifying amendments 

to these and other subparts under the Greenhouse Gas Reporting 

Program (GHGRP) (75 FR 66434, October 28, 2010; 75 FR 79092, 

December 17, 2010; 76 FR 73866, November 29, 2011; 76 FR 80554, 

December 23, 2011). The corrections and amendments within those 

four actions did not change the basic requirements of the rule, 

but were intended to improve clarity and ensure consistency 

 

1 Consolidated Appropriations Act, 2008, Public Law 110–161, 121 Stat. 1844, 

2128. 
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across the calculation, monitoring, and data reporting 

requirements. Similarly, the corrections, clarifying and other 

amendments in this action are intended to provide greater 

clarity and flexibility to facilities subject to reporting in 

2012.

On January 10, 2012 (77 FR 1434), EPA proposed 

confidentiality determinations for data elements (excluding 

those in the inputs to equation category) in 8 subparts of part 

98, including subpart L. This proposed amendment includes 

adding 4 new data elements to subpart L. In conjunction with 

this addition, we are proposing confidentiality determinations

for the new data elements in the proposed amendment to subpart 

L. 

C. Legal Authority

The EPA is proposing these rule amendments under its 

existing CAA authority, specifically authorities provided in CAA 

section 114. As stated in the preamble to the 2009 final rule 

(74 FR 56260, October 30, 2009) and the Response to Comments on 

the Proposed Rule, Volume 9, Legal Issues, CAA section 114 

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. As discussed in the preamble to the initial 

proposed rule (74 FR 16448, April 10, 2009), CAA section 
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114(a)(1) authorizes the Administrator to require emissions 

sources, persons subject to the CAA, manufacturers of control or 

process equipment, or persons who the Administrator believes may 

have necessary information to monitor and report emissions and 

provide such other information the Administrator requests for 

the purposes of carrying out any provision of the CAA. For 

further information about the EPA’s legal authority, see the 

preambles to the 2009 proposed and final rules and EPA’s 

Response to Comments, Volume 9.

In addition, EPA is proposing confidentiality 

determinations for four proposed data elements in subpart L, 

under its authorities provided in sections 114, 301 and 307 of 

the CAA. As mentioned above, CAA section 114 provides EPA 

authority to obtain the information in part 98, including those 

in subpart L. Section 114(c) requires that EPA make publicly 

available information obtained under section 114 except for 

information (excluding emission data) that qualify for 

confidential treatment. 

The Administrator has determined that this action (proposed 

amendment and confidentiality determination) is subject to the 

provisions of section 307(d) of the CAA.

D. How would these amendments apply to 2012 reports?

The EPA is proposing technical clarifications and 

amendments to 40 CFR part 98, subparts A, L, W, and TT. The EPA 
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is planning to address any comments on these proposed amendments 

and publish final amendments before September 28, 2012. 

Therefore, reporters would be expected to calculate emissions 

and other relevant data for the reports that are submitted by 

September 28, 2012 using 40 CFR part 98 as amended by this 

proposed action. We have determined that it is feasible for the 

sources to implement these changes for the 2011 reporting year 

because the revisions are primarily technical corrections that

provide clarifications regarding the existing regulatory 

requirements, or reduce the amount of information that is 

required to be reported. The proposed amendments do not change 

the type of information that must be collected, and do not 

materially affect how emissions are calculated.

In the case of 40 CFR part 98, subpart A (subpart A), the 

proposed amendment is merely a harmonizing change to a technical 

correction finalized in February 2012 (see 77 FR 10373). That 

final amendment required reporters to calculate emissions of 

certain additional fluorinated heat transfer fluids under 

subpart I; however, the EPA inadvertently did not amend the 

corresponding requirement to include those calculated emissions 

in the annual GHG report. In this action, we are proposing to 

include these emissions from heat transfer fluids in the 

facility level totals reported to the EPA in the annual GHG 

report. 
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In the case of 40 CFR part 98, subpart L (subpart L), the 

EPA is proposing that facilities subject to subpart L report 

greenhouse gas emissions in a less detailed manner for Reporting 

Years 2011 and 2012. This proposed amendment is a temporary 

change (i.e., for years 2011 and 2012 only) to allow the EPA 

time to fully evaluate concerns recently raised by stakeholders 

that reporting, and subsequent EPA release, of certain emission 

data would reveal trade secrets. 

In the case of 40 CFR part 98, subpart W (subpart W), the 

EPA concludes that these proposed amendments are all technical 

corrections that, while important to make to allow reporters to 

calculate emissions accurately, do not materially affect the 

actions facilities would have already undertaken to comply with 

the rule. For example, in this action, EPA is proposing a 

correction to the emission factors in Table W-1A of subpart W 

for the onshore petroleum and natural gas production segment. In 

the December 23, 2011 final rule (76 FR 80554, December 23, 

2011, referred to hereinafter as the “December 2011 final 

rule”), the EPA revised several of the emission factors in this 

table, along with the emission factors in other tables in 

subpart W to reflect a consistent standard temperature and 

pressure. In the process of converting specific emission factors 

within Table W-1A of subpart W an omission occurred that we are 

proposing to correct in this action. As stated previously, a 
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proposed change such as this would not materially affect the 

actions a facility would undertake to comply with the rule. 

In the case of 40 CFR part 98, subpart TT (subpart TT), 

this proposal excludes some facilities from the reporting 

requirements and thereby further reduces the reporting under the 

GHG Reporting Rule. These excluded facilities are not expected 

to emit GHGs since they only receive inert wastes that do not 

generate methane.

For additional background information regarding some of 

these amendments, please refer to the Technical Support Document 

for the 2012 Technical Corrections, Clarifying and Other 

Amendments to Certain Provisions of the Greenhouse Gas Reporting 

Rule proposal available in the docket for this rulemaking (EPA–

HQ–OAR–2011-0147). 

The EPA generally seeks comment on the EPA’s conclusion

that it would be appropriate to implement these proposed 

amendments and incorporate the requirements for the data that 

must be reported to the EPA by September 2012. Further, we seek 

comment on whether there are specific proposed changes for which

this timeline may not be feasible or appropriate. We request 

that commenters provide specific examples of how the proposed 

implementation schedule would or would not be feasible.

E. How would these amendments affect confidentiality 

determinations?
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The proposed amendments do not affect the confidentiality 

determinations for subpart A data elements finalized in the 

Final CBI rule,2 (hereinafter referred to as the “final CBI 

rule”), the proposed determinations for subpart W3 and subparts L 

and TT,4 or the proposed or final deferral rule(s) extending the 

reporting deadlines for the data elements in these subparts that 

are as assigned to the inputs to emission equations data 

category.

5

In this notice, we are proposing confidentiality 

determinations for proposed new subpart L data elements. The 

proposed confidentiality determinations for these new data 

elements together with our rationale are discussed in detail in 

Section II.D.3 of this preamble. 

There are no proposed determinations for subparts A, W, and 

TT, since the proposed amendments to those subparts do not 

include any proposed new data elements. The proposed amendments 

would delete an existing subpart W data element and make only 

minor clarifications to the existing reporting requirements in 

subpart W. For the Subpart A proposed amendments, we are not 

proposing any confidentiality determinations because the data 

element being added is a subset of another data element in 

 

2 See 75 FR 30782, May 26, 2011.

3 See 77 FR 11039, February 24, 2012.

4 See 77 FR 1434, January 10, 2012.

5 See 77 FR 11039, February 24, 2012 (subpart I), 77 FR 1434, January 10, 2012

(subpart W), and 76 FR 53057, August 25, 2011.
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subpart I for which we’ve already proposed a CBI determination. 

This is explained in further detail in Section II.A.3 of this 

preamble. There are no proposed amendments to the reporting 

requirements for subpart TT.

II. Technical Corrections, Clarifying and Other Amendments

The EPA has identified minor corrections, clarifying and 

other amendments that we are now proposing in this action. We 

have also identified certain rule provisions that we are 

proposing to amend to provide greater clarity. The amendments we 

are now proposing include the following types of changes:

 Changes to correct cross references within and between 

subparts. 

 Amendments to certain equations to better reflect actual 

operating conditions.

 Corrections to terms and definitions in certain equations.

 Corrections to data reporting requirements so that they 

more closely conform to the information used to perform 

emission calculations.

 Amendment to Table A-7 to subpart A to add a Subpart L data 

element used as an input to an emission equation that was 

inadvertently omitted in the final deferral rule.
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 Other amendments related to certain issues identified as a 

result of working with the affected sources during rule 

implementation and outreach.

We are seeking public comment only on the issues 

specifically identified in this proposed rule for the identified 

subparts. We will not consider, through this notice and comment 

process, comments that are outside the scope of this proposed 

rule.

A. Subpart A – General Provisions

1. Background

In today’s rule, we are proposing a few minor amendments to 

the general reporting requirements of 40 CFR 98.3(c)(4) of 

subpart A. These changes relate to reporters that would be 

reporting under the electronics manufacturing source category

(40 CFR part 98, subpart I; hereinafter referred to as “subpart 

I”). We are also proposing an amendment to Table A-7 to subpart 

A to add a Subpart L data element used as an input to an 

emission equation that was inadvertently omitted in the final 

deferral rule.

For subpart I, the proposed change clarifies the GHGs that 

should be reported in the annual GHG report (40 CFR 98.3(C)(4)). 

This proposed change follows the amendments to reporting 

requirements for heat transfer fluids (fluorinated HTFs) that 
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were published on February 22, 2012 (77 FR 10373). In that rule, 

the EPA amended the definition of fluorinated HTFs to specify 

that the lower vapor pressure limit clause in the subpart A 

definition of fluorinated GHG did not apply to fluorinated HTFs 

in subpart I beginning in reporting year 2012 (40 CFR 98.98). 

2. Proposed Amendments

Section 98.3(c)(4) of subpart A specifies the types of data 

and format for reporting emissions in the annual GHG reports

(e.g., annual emissions from each source category by GHG). 

Without the proposed change to conform the subpart I 

requirements for fluorinated HTFs with subpart A, reporters are 

required to calculate emissions of fluorinated HTFs under 

subpart I but report only a subset of them in their annual 

report totals under subpart A. The proposed amendment to subpart 

A specifies that facilities subject to subpart I must include 

all fluorinated HTFs in the computation of CO2e that is required 

by 40 CFR 98.3(c)(4)(i). Facilities must report each fluorinated 

HTF that is also a fluorinated GHG under 40 CFR 

98.3(c)(4)(iii)(E) and each fluorinated HTF that is not a 

fluorinated GHG in the newly proposed data element, 40 CFR 

98.3(c)(4)(iii)(F). Today’s proposed change is a harmonizing 

modification to clarify how facilities subject to subpart I 

would report the emissions from fluorinated heat transfer 

fluids, as required by the February 22, 2012 amendments to 
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subpart I. The EPA determined that this change would simplify 

reporting for facilities and reduce burden by amending subpart A 

to be consistent with the requirements in subpart I. 

The EPA is proposing to make this change effective for 

reporting year 2012. Given that facilities are already required 

to calculate emissions of fluorinated HTFs under subpart I, 

reporters will already have the necessary data to comply with 

the proposed amendments. 

Table A-7 to subpart A of Part 98 lists the inputs to 

emission equations whose reporting deadlines are currently 

deferred until March 31, 2015. In the final deferral, the data 

element, “the mass of each fluorine-containing product produced 

by the process” (40 CFR 98.126(b)(7)) was inadvertently omitted 

from Table A-7 of subpart A. This data element is an input to an 

equation because it is used in Equation L-6. Thus, we are 

proposing to amend Table A-7 to subpart A to include this input 

and hence, defer its reporting deadline until March 31, 2015.

3. Overview and Approach to Proposed CBI Determinations 

The proposed changes to subpart A do not affect the 

proposed confidentiality determinations for subpart A or I data 

elements or the proposed deferral of the deadline for reporting 

inputs to emission equations (February 22, 2012, 77 FR 10434; 

Mandatory Reporting of Greenhouse Gases Rule: Confidentiality 
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Determinations and Best Available Monitoring Methods Provisions, 

hereinafter referred to as the “February 22, 2012 CBI rule”).

As discussed in Section II.A.2 of this preamble, the EPA is 

proposing to add a data element in Subpart A 

(98.3(c)(4)(iii)(F)). This additional data element is a 

harmonizing change that makes the subpart A requirements 

consistent with the recently finalized February 22, 2012 subpart 

I amendments. To that end, the information that would be 

reported under the proposed new data element in subpart A is a 

subset of the information to be reported under the data element 

98.96(c)(4), which the EPA proposed to be non-confidential by 

assigning it to the “Emissions” category in a recent action6. 

Since the information proposed under Subpart A in today’s action 

is a subset of the information to be reported under 98.96(c)(4), 

the confidentiality determination proposed for that subpart I 

data element applies to the subpart A data element proposed in 

this action. As a result, we are not proposing a confidentiality 

determination for the new subpart A data element in this action. 

B. Subpart TT – Industrial Waste Landfills

1. Background

In this action we are proposing one correction to the 

provisions of subpart TT to exclude certain facilities that only 

receive inert waste from reporting requirements under the GHG 

 

6 See 77 FR 10434, February 22, 2012.
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Reporting Rule. This proposed amendment would ensure that 

landfills that are not expected to emit GHGs are excluded from 

reporting requirements under this subpart. 

2. Proposed Amendment

We are proposing one technical amendment to subpart TT to 

address questions received about applicability of the subpart to 

industrial waste landfills that receive only inert wastes. In 

subpart TT, the volatile solids concentration is used as a 

surrogate for determining degradable organic carbon (DOC) 

content of a waste material [40 CFR 98.464(b)(4)(ii)]. In 40 CFR 

98.460(c)(xii), the EPA provides an exclusion for those 

facilities that receive inert waste materials “with a volatile 

solids concentration of 0.5 weight percent (on a dry basis) or 

less.” However, some landfill owners or operators test their 

waste stream to determine directly waste-specific degradable 

organic content. These tests, when performed as described in 40 

CFR 98.464(b)(4)(i)(A) of the rule, can provide a more accurate 

DOC value than calculating organic content from volatile solids. 

Therefore, to ease reporting burden on those facilities that 

receive inert waste but calculate DOC directly, we propose to 

add a direct DOC value exclusion as 40 CFR 98.460(c)(2)(xiii). 

This exclusion would be provided in weight percent on a wet 

basis because this is consistent with the units for DOC.

3. Overview and Approach to Proposed CBI Determinations 
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This proposed amendment to subpart TT is not expected to 

affect the proposed confidentiality determinations for subpart 

TT data elements or the proposed deferral of the deadline for 

reporting of inputs to emission equations (January 10, 2012, 77 

FR 1434; Proposed Confidentiality Determinations for Data 

Elements Under the Mandatory Reporting of Greenhouse Gases Rule 

and Amendments to Table A–6 to Subpart A of Part 98, of the 

Greenhouse Gas Reporting Rule, hereinafter referred to as the 

January 10, 2012 CBI rule.)

C. Subpart W – Petroleum and Natural Gas Systems 

1. Background

In this action, the EPA is proposing minor corrections and 

clarifying amendments to certain provisions to assist facilities 

with implementing existing rule requirements. We are proposing 

technical corrections to provisions in subpart W for calculating 

and reporting greenhouse gas emissions, as well as several 

emission factors in associated tables. Since publication of 

subpart W in November 2010, the EPA amended subpart W on 

December 23, 2011, (76 FR 80554). That notice included technical 

corrections and clarifications designed to increase flexibility, 

provide needed clarification regarding applicability, and to 

address specific errors in equations and citations. This 

proposal complements that action and is not intended to 
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duplicate or replace the amendments published on December 23, 

2011. 

Many of the corrections in the December 23, 2011 action 

were the result of internal review by the EPA, as in the case of 

the correction to the calculation methodology for estimating 

emissions from gas well venting during completions and workovers 

using hydraulic fracturing. Onshore petroleum and natural gas 

facilities subject to subpart W are required to report emissions 

resulting from this emission source using one of three methods 

in the December 23, 2011 rule. The first method relies on 

installation of a recording flow meter on the vent line 

(upstream of a flare or vent if used) to measure the flowback 

rate for representative wells in each gas producing sub-basin 

category and well type combination. The second method is based 

on engineering equations to calculate the well flowback during 

well completions and workovers from hydraulic fracturing. The 

last method applies to facilities that are already measuring the 

flowback volumes during gas well completions or workovers within 

a given sub-basin and well type combination. 

Following the EPA’s review of this emission source, and 

method two in particular, we determined that correction was 

needed to Equations W-11A and W-11B to convert the resultant 

flow rate (parameter FR) into standard conditions instead of the 

resultant actual conditions as written. Without this conversion, 
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the calculated flow volumes in Equations W-11A and W-11B would 

incorrectly result in actual conditions instead of standard 

conditions, which is necessary for input into Equations W-12 and 

W-10A. In this action, the EPA is proposing to include a 

correction to convert the flow rate determined in Equation W-11A 

and W-11B to standard conditions through the use of Equation W33. 

2. Proposed Technical Corrections

EPA is proposing several technical corrections and 

amendments to subpart W to correct equations and otherwise 

clarify provisions in the rule to ensure consistency across the 

calculation, monitoring, and reporting requirements in subpart W

and thereby facilitate reporting. 

This section describes the EPA’s proposed corrections for 

subpart W.

Calculating Greenhouse Gas Emissions. The EPA is proposing 

several clarifications, corrections, and amendments throughout 

40 CFR 98.233. These proposed changes are intended to clarify 

terms, correct references, and remove extraneous terms. 

Dehydrator Vents. The EPA is proposing to amend Equation W6 in 40 CFR 98.233(e)(5) by removing a factor of 1000 from the 

denominator so that the calculated emissions will result in 

standard cubic feet rather than thousand standard cubic feet. 
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Well Venting for Liquids Unloading. The EPA is proposing to 

provide reporters with the option to take and use more than the 

prescribed number of sample measurements per unique well tubing 

diameter and pressure group combination per sub-basin. The EPA 

notes that this would not change the burden to reporters, and 

still only would require that one sample per unique well tubing 

diameter and pressure group combination be taken, but would 

allow reporters to account for any additional samples that they 

may have already taken.

The EPA is proposing to amend Equation W-7 in 40 CFR 

98.233(f)(1) by changing the parameter “FRp” to “FR” in both 

Equation W-7 and in the definition to avoid confusion. As 

previously written, the equation could be interpreted to imply 

that the flow rate should be measured for all wells, as “p” 

refers to all wells in a pressure group and tubing group 

combination; rather, the intention of the equation is to 

calculate the flow rate for at least one well in each tubing and 

pressure group combination within a sub-basin. Removing the 

subscript “p” from the parameter and revising the parameter 

definition accordingly clarifies that the measurement is not for 

all wells. Also in Equation W-7, the EPA is proposing to amend 

the parameter Tp and its definition to clarify that it refers to 

the cumulative amount of time in hours for venting of each well 

as opposed to the time for the well(s) that were measured.
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The EPA is proposing to update Equation W-8 in 40 CFR 

98.233(f)(2) by revising the definition of parameter SPp to 

clarify that the reporter must take a ratio of casing to tubing 

pressure. The EPA is further updating Equation W-8 and also 

Equation W-9 in 40 CFR 98.233(f)(3) by replacing the subscript 

“q” with “p” in parameter SFR to match the definition of 

parameter SFRp. Finally, for Equations W-8 and W-9, the EPA is 

clarifying that the terms Vp and HRp,q are to be monitored per 

unloading event.

Gas Well Venting During Completions and Workovers from 

Hydraulic Fracturing. The EPA reviewed Equation W-11A, which 

calculates a flow rate for subsonic flow, and Equation W-11B, 

which calculates a flow rate for sonic flow. These equations are 

intended to calculate flow of gas following hydraulic fracturing 

of gas wells through a choke at the wellhead. The EPA determined 

that the equations as presented in the final rule are correct. 

However, it may not be clear in the December 2011 final rule 

that the output from Equations W-11A and W-11B are at actual 

conditions, i.e., subsonic and sonic flow conditions and that a 

conversion of the results from Equation W-11A and W-11B to 

standard conditions is required prior to use in Equation W-12. 

Omitting the step of converting actual to standard conditions 

results in a lower flowrate output from Equation W-11A or 

Equation W-11B, which corresponds to a lower emissions 
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calculation in Equation W-10A. In this proposed rule, EPA 

proposes to add a reference to 40 CFR 98.233(t) in the parameter 

definition FRs,p to convert FRa to standard conditions. 

Furthermore, to eliminate this potential ambiguity and make the 

equations more explicit, the EPA is proposing to insert the word 

“actual” in the definition of flow rate, FR, and also add a 

subscript “a.” Finally, EPA proposes to clarify the definition 

of orifice cross sectional area, “A” to state “Cross sectional 

open area of the restriction orifice (m2).” 

The EPA is proposing to clarify that the flow volume 

variable FVs,p in Equation W-10B is at standard cubic feet, which 

is a volume unit as opposed to the standard cubic feet per hour 

flow rate unit in the December 2011 final rule. Although the 

engineering equations in subpart W more commonly use flow rates 

as units of measurement, the use of flow volumes in equation W10B is similar to the use of flow volume in 40 CFR 98.233(n),

which includes provisions for reporters to calculate their flow 

volumes in standard cubic feet as opposed to a cubic feet per 

hour flow rate value.

Finally, the EPA is proposing to provide reporters with the 

option to take and use more than the prescribed number of sample 

measurements per sub-basin and well type (horizontal or 

vertical). As described above for a similar proposed amendment 

for well venting for liquids unloading, the EPA notes that this 
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would not change the burden to reporters, but would allow 

reporters to account for any additional samples that they may 

have already taken.

Gas Well Venting During Completions and Workovers Without 

Hydraulic Fracturing. The EPA is proposing amendments to clarify 

that the output of Equation W-13 is a sum of emissions from all 

completions and workovers without hydraulic fracturing within a 

sub-basin.

Blowdown Vent Stacks. The EPA is proposing to revise the 

nomenclature of two terms in Equations W-14A and W-14B. First, 

the EPA is revising the parameter “Es,n” in the parameter 

description to match the term in the Equation W-14B. Second, the 

EPA is revising the term “Ta” to “Ta,p” in Equation W-14B to 

clarify the intent of the equation, which allows the reporter to 

input the temperature in actual conditions for each blowdown 

event “p.” 

Onshore Production Storage Tanks. The EPA is proposing to 

revise 40 CFR 98.233(j)(5) to clarify that the term “throughput” 

refers to “average daily throughput of oil” consistent with 

similar changes made elsewhere in 40 CFR 98.233(j) during the 

December 23, 2011 technical corrections final rule. The EPA is 

also proposing to revise the definition of “Count” in Equation 

W-15 of 40 CFR 98.233(j)(5) to clarify that the reporters are to 

only count the separators or wells that feed oil directly to the 
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storage tank. The count should not include separators that feed 

oil to other separators. The EPA is also proposing to revise the 

parameter definition of “1000” to accurately describe the 

conversion occurring through this parameter.

Well Testing Venting and Flaring. The EPA is proposing to 

revise the definition of “PR” in Equation W-17B of 40 CFR 

98.233(l)(3) to clarify that the production rate is in actual 

and not standard conditions.

Flare Stack Emissions. The EPA is proposing to remove and 

reserve 40 CFR 98.233(n)(7) to harmonize the language with the 

reporting requirements in 40 CFR 98.236, which requires 

emissions to be reported separately for combusted CO2, 

uncombusted CO2, and uncombusted CH4. This deletion would remove 

an undesired calculation.

Centrifugal and Reciprocating Compressors. The EPA is 

proposing to make technical corrections to Equations W-23, W-24, 

W-27, and W-28 to provide the proper notation for the summations 

in those equations so that owners and operators may correctly 

calculate GHG emissions from centrifugal and reciprocating 

compressors. Although EPA recognizes that additional 

clarifications to the definitions in the parameters to these 

equations could be helpful to owners and operators, the EPA has 

not proposed any substantive changes in this action. This is

because, following the publication of subpart W in the Federal 
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Register in 2010, several industry groups requested 

reconsideration of several provisions in the final rule, 

including the reciprocating and centrifugal compressor 

monitoring requirements. At present, we are merely making 

technical corrections to the existing equations in the rule, and 

are not granting reconsideration of the compressor requirements 

or any other issues raised in those petitions for 

reconsideration in this action. We will consider the compressor 

monitoring requirements at a later time.

Finally, the EPA is proposing to revise the definition of 

parameter EFi in Equation W-25 in 40 CFR 98.233(o)(7) by deleting 

the term “thousand” to eliminate an unnecessary unit conversion.

Population Count and Emission Factors. We are also 

proposing to amend an incorrect reference in 40 CFR 98.233(r)(2) 

to “Table W-1A” to Subpart A of Part 98 instead of “Table 1-A.”

Finally, in 40 CFR 98.233(r)(6)(ii), we are proposing to 

revise the term “meter or regulator” and replace it with 

“meter/regulator,” for consistency with the term prescribed in 

the definition in 40 CFR 98.238. 

Volumetric emissions. The EPA is proposing to revise 40 CFR 

98.233(t) to clarify that reporters do not need to alter their 

calculation results to standard conditions if the results 

already reflect standard conditions.
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GHG mass emissions. The EPA is proposing to revise the 

definition of parameter “ρi” in Equation W-36 to amend the 

density value of CH4 to be 0.0192 kg/ft3 in Equation W-36. The 

current density value of 0.04220 is the density of CH4 in lb/ft3. 

In the required units of kg/ft3, the density value for CH4 should 

be 0.0192 kg/ft3.

Onshore Production and Distribution Combustion Emissions. 

The EPA is proposing to replace the parameter “ECO2” with “Ea,CO2” 

in the parameter definition for Equation W-39A in 40 CFR 

98.233(z)(2)(iii) to match the parameters in the equation. 

Finally, the EPA is proposing to revise the definition of “HHV” 

in 40 CFR 98.233(z)(2)(vi) to reflect the correct term 

represented by the acronym.

Data Reporting Requirements. The EPA is proposing 

amendments to specific provisions within 40 CFR 98.236. These 

changes are intended to clarify terms, correct references, and 

remove extraneous terms.

First, the EPA is proposing to amend 40 CFR 

98.236(c)(5)(ii)(D) to clarify that the average internal casing 

diameter of all wells, as opposed to each well, must be 

reported. 

Second, we propose to amend 40 CFR 98.236(c)(9) by removing 

the text, “using optical gas imaging instrument per 40 CFR 

98.234(a)(refer to 40 CFR 98.233(k)), or acoustic leak 
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detections of.” This is because 40 CFR 98.233(k) allows the use 

of several monitoring methods for determining tank vapor vent 

stack emissions. The text in 40 CFR 98.236(c)(9) limits the 

reporters to optical gas imaging and acoustic leak detection, 

which is misleading.

The EPA is also proposing to amend 40 CFR 

98.236(c)(13)(iii)(C) to correct for an error in the units 

associated with emissions from isolation valve leakage for 

centrifugal compressors measured using provisions in 40 CFR 

98.233. Specifically, EPA is proposing to replace the units of 

“cubic feet per hour” with “metric tons of CO2e for each gas” 

to align the units of this data reporting element to those of 

the general provisions of Part 98, 40 CFR 98.3(c)(4)(i), which 

require reporting of annual emissions in units of mass in metric 

tons of CO2e. EPA seeks comment on this proposed amendment to 

correct the units for this data reporting element.

Next, the EPA is proposing to amend 40 CFR 

98.236(c)(15)(i)(B) by updating the incorrect reference to 

“Equation W-30” to read “Equation W-30A.” Similarly, the EPA is 

proposing to amend 40 CFR 98.236(c)(15)(i)(C) by updating the 

incorrect reference to Equation W-30 to read Equation W-30A. In 

40 CFR 98.236(c)(15)(i)(C), the EPA proposes to delete the 

unnecessary reference to “parameter GHGi.”
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In 40 CFR 98.236(c)(15)(ii)(A), the EPA is proposing to 

remove the text references to “(a)(4)” and “W-3” because the 

reporting requirements for pneumatic devices are already covered 

under 40 CFR 98.236c)(1) and making this reference unnecessary. 

Similarly, the EPA is proposing to delete the reference to 

“(a)(8)” because the reporting requirements for population 

counts in the natural gas distribution industry segment are 

already covered under 40 CFR 98.236(c)(16).

Finally, the EPA is proposing to delete “and CH4” from the 

reporting requirements for EOR injection pumps in 40 CFR 

98.236(c)(17)(v). The EPA clarified through the December 23, 

2011 final rule that only CO2 emissions must be calculated from 

EOR injection pump blowdowns (76 FR 80565). Although the 

calculation requirements were clarified in that rule, the 

harmonizing change was not made to remove CH4 from the data 

reporting requirements. This proposed change would make the data 

reporting requirements consistent with the calculation 

procedures in Equation W-37.

Emission Factor Tables. First, we are proposing to revise 

the incorrect title of Table W-1A of subpart W by deleting 

“Table A-1A” and correcting it to “Table W-1A.”

In the December 2011 technical corrections final rule (76 

FR 80592), the emission factors were converted from a standard 

temperature of 68°F to a standard temperature of 60°F. The EPA 
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inadvertently used an incorrect intermediary version of Table W1A to convert the emission factor. In this proposed rule, the 

EPA is proposing to rectify the emission factors in Table W-1A 

using the correct version of Table W-1A from the November 2010 

rule. We note that the EPA did receive technical comments on the 

actual default emission factor values in Table W-1A in the 

December 2011 technical corrections final rule (see the Response 

to Comments document for the final rule, comment number EPA-HQOAR-2011-0147-0016, Excerpt 30). This proposed action merely 

proposes to correct the error that resulted in December 2011 

from use of an incorrect intermediary table when the emission 

factors were converted from a standard temperature of 68°F to a 

standard temperature of 60°F. As stated in the Response to 

Comments document referenced above, the EPA may consider 

substantive changes to the default factors for future 

rulemakings. 

The EPA made changes to the emission factors for the 

Eastern United States in December 2011 as result of comments on 

the calculation performed to derive these numbers. Similar 

changes were required for the pneumatic devices in the Western 

United States but were inadvertently not made in the December 

2011 final rule. Therefore, the EPA is proposing to make a 

similar change to the pneumatic device emission factors for the 

Western United States. 
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Finally, we are proposing to amend Table W-5 to provide the 

cross-reference for footnote 2, by adding a reference associated 

with footnote 2 to Vapor Recovery Compressor.

3. Overview and Approach to Proposed CBI Determinations

In this action, the EPA is proposing a small number of 

revisions to the data reporting requirements affecting subpart W 

reporters. Specifically, in this action, the EPA is proposing to 

make the following amendments: 

 40 CFR (c)(5)(ii)(D) to clarify that the average internal 

casing diameter must be reported for all wells, as opposed 

to each well.

 40 CFR 98.236(c)(9) to align the reporting requirements 

with the corresponding calculation methodologies in 40 CFR 

98.233(k) by removing erroneous text.

 40 CFR 98.236(c)(13)(iii)(C) to correct the units of the 

reporting requirements.

 40 CFR 98.236(c)(15)(i)(B) and (C) to remove incorrect 

references and citations.

 40 CFR 98.236(c)(15)(ii)(A) to remove unnecessary text 

which if not removed results in redundancy for reporters.

 40 CFR 98.236(c)(17)(v) to remove reporting of CH4 to make 

the reporting requirements consistent with the calculation 

procedures. 
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For these data elements, the EPA proposed confidentiality 

determinations (for non-inputs), and deferral of reporting (for 

inputs) in a proposed action, Proposed Confidentiality 

Determinations for the Petroleum and Natural Gas Systems Source 

Category, and Amendments to Table A-7 of the Greenhouse Gas 

Reporting Rule, published on February 24, 2012 (77 FR 11039). 

These five amendments are minor clarifications that do not 

change the general meaning of the data elements and therefore 

would not affect the determinations or deferrals proposed in 

that action. 

D. Subpart L – Fluorinated Gas Production 

1. Background

In today’s rule, we are proposing that greenhouse gas 

emissions be reported in a less detailed manner for the initial 

two years of reporting under subpart L. The proposed changes 

pertain only to subpart L, and would be a temporary change

(i.e., for reporting years 2011 and 2012) to allow the EPA 

sufficient time to fully evaluate concerns recently raised by 

stakeholders that reporting and public availability of processspecific emissions of individual fluorinated GHGs may reveal 

trade secrets. Under subpart L, fluorinated gas producers are 
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currently required to report greenhouse gas emissions by 

chemical for each process.

7

On January 10, 2012, the EPA published proposed 

determinations regarding whether the Greenhouse Gas Reporting 

Program data elements in eight subparts of Part 98, including 

subpart L, would or would not be entitled to confidential 

treatment under the CAA (77 FR 1434). In that proposed rule, the 

EPA proposed that the chemical identities and quantities of the 

fluorinated GHG emissions at the process-level, reported under 

subpart L, are “emission data.” Under section 114 of the CAA, 

“emission data” are not eligible for confidential treatment. 

Two commenters on that proposed rule, the American Chemistry 

Council and 3M Company, raised concerns that the release of 

certain data elements that the EPA proposed to classify as 

emission data, and that therefore would not be eligible for 

treatment as confidential business information, would reveal 

trade secrets. 3M noted that, due to the uniqueness of its 

production processes, it may be the only U.S. producer of 

fluorinated gases that has these trade secret concerns. No other 

producer of fluorinated gases individually raised these concerns 

 

7 Greenhouse gas emissions are currently required to be reported by chemical 

for each fluorinate gas production process, each fluorinated gas 

transformation process that is not part of a fluorinated gas production 

process, each fluorinated gas destruction process that is not part of a 

fluorinated gas production or transformation process, and venting of residual 

fluorinated GHGs (heels) from containers returned from the field (40 CFR 

98.126(a)(2)).
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in either the subpart L or CBI rulemakings. Both commenters 

stated that the disclosure of the identity and quantities of the 

fluorinated GHGs emitted at the process level, from either 

process vents or fugitive sources, would reveal sensitive 

information regarding individual chemical production processes. 

3M stated that process-level emission data contain specific 

information on reactants, byproducts, and products that would 

provide competitors with a detailed understanding of 3M’s

manufacturing process. They noted that competitors with 

knowledge of fluorine chemistry could use such information to 

identify the particular manufacturing pathways used by 3M. 

Competitors could then duplicate these processes without having 

to incur research and development costs, placing 3M at a 

competitive disadvantage.

The American Chemistry Council and 3M Company also 

expressed concern that the disclosure of the identity and 

quantity of emissions at the process level could violate export 

control regulations. Specifically, the commenters stated that 

the release of some data elements would make public information 

that is subject to Export Administration Regulations (EAR) and 

International Traffic in Arms Regulations (ITAR) that prohibit 

public disclosure for reasons of “national security, antiterrorism, nuclear non-proliferation, and chemical and 

biological weapons security.” The commenters stated that the 
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federal regulations not only control export of products, but 

also export of technical knowledge, such as the design of a 

product and production information, and that the release of 

process-level emission data may provide such insight into the 

design of a product or production information that is export 

controlled. The commenters stated that if the EPA attempted to 

protect export-controlled information from disclosure by 

implementing “an export control plan,” this would be in conflict 

with its position that emission data cannot be withheld from the 

public under the CAA. 

EPA needs additional time to fully evaluate whether these 

concerns are justified and how the rule might be changed to 

balance these concerns with the need to obtain the data 

necessary to inform the development of future GHG policies and 

programs. Specifically, EPA needs additional time to consider

these comments, better understand whether the concerns raised 

are unique to one facility/manufacturer, and evaluate whether a 

two-track approach with different levels of reporting for 

different facilities would be feasible. Memorandum: Potential 

Future Subpart L Options in the docket to this rulemaking (EPA–

HQ–OAR–2011-0147) describes some possible alternative reporting 

frameworks. EPA is currently in the process of evaluating 

whether the potential options described in the memorandum would 

generate an adequate data set upon which to inform the 
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on May 11, 2012. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

development of future GHG policies and programs. We seek comment 

on whether the options presented would address the concerns 

raised by commenters. Although EPA is seeking comment on the 

alternatives presented in this memorandum, any changes to Part 

98 would be made through a separate proposed action, including 

accompanying proposed regulatory text changes. That proposal, 

should there be one, would also include proposed confidentiality 

determinations for any long-term proposed changes to the 

reporting requirements in subpart L.

2. Proposed Amendments

The EPA needs additional time to fully evaluate whether 

these concerns are warranted. As a result, we are proposing 

amendments that would apply for only reporting years 2011 and 

2012 to allow the EPA sufficient time to evaluate these 

concerns, and if needed, to make permanent changes to the rule. 

We are proposing a new reporting element for reporting years 

2011 and 2012, where owners and operators of facilities 

producing fluorinated gases would be required to report annual 

total facility-wide fluorinated GHG emissions, expressed in tons 

of CO2e.8 The facilities would not be required to report process 

level emissions or individual fluorinated GHGs for reporting 

 

8 This would include emissions from all fluorinated gas production processes, 

all fluorinated gas transformation processes that are not part of a 

fluorinated gas production process, all fluorinated gas destruction processes 

that are not part of a fluorinated gas production process or a fluorinated 

gas transformation process, and venting of residual fluorinated GHGs from 

containers returned from the field.
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We have taken steps to ensure the accuracy of this version, but it is not the official version.

years 2011 and 2012. These amendments would apply to subpart L 

only. These proposed amendments do not change any other 

requirements of Part 98, including the requirement that these 

data elements be retained as records in a form that is suitable 

for expeditious inspection and review (required for all Part 98 

records by 40 CFR 98.3(g)). 

This proposed action would not have any impact on the EPA’s 

final rule issued on August 25, 2011 (76 FR 53057), which 

deferred the deadline for reporting subpart L data elements that 

are inputs to emission equations until March 31, 2015. The data 

elements listed in that action for which the reporting deadline 

was deferred until March 31, 2015 are still deferred until that 

date. For the data elements listed below, we are proposing in 

this action, that owners and operators of facilities producing 

fluorinated gases would not be required to submit the 

information until March 31, 2014 (unless the deferral of inputs 

action mentioned previously has already set forth a deferred 

reporting deadline of March 31, 2015).

 40 CFR 98.3(c)(4)(iii)

 40 CFR 98.126 (a)(2), (a)(3), (a)(4), (a)(6),(b), (c), (d), 

(e), (f), (g), and (h). 

The data element at 40 CFR 98.3(c)(4)(iii) is the subpart A 

reporting requirement that requires reporting of greenhouse gas 
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emissions by chemical for each subpart. Again, reporting of this 

data element would be deferred for reporting year 2011 and 

reporting year 2012 for subpart L only. 

With these proposed changes, fluorinated gas producers 

would report, under subpart L, only the data elements in 40 CFR 

98.126(a)(5) (the methods used) and in proposed paragraph 40 CFR 

98.126(j) (for facility-level CO2e emissions) for reporting year 

2011 and reporting year 2012. Consistent with 40 CFR 98.126(e), 

a facility would need to include the excess emissions, converted 

to CO2e, that result from malfunctions of the destruction device 

when reporting total facility CO2e under 40 CFR 98.126(j). 

However, as noted in 40 CFR 98.126(j), these excess emissions 

would not need to be reported separately but would be included 

in the facility-wide CO2e reported. While reporters are still 

reporting 98.126(a)(5), we are proposing to amend this reporting 

element to require facilities to report the methods used to 

determine emissions at a facility-level rather than linking each 

method to a particular process. 

We note that the data elements in 40 CFR 98.122(a) and (b) 

refer to reporting of GHGs under subpart C of part 98, General 

Stationary Fuel Combustion Sources, and the reporting of 

fluorinated GHGs under subpart O of part 98, HCFC-22 Production 

and HFC-23 Destruction, respectively, and we are not proposing 

to change them through this action. 
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To convert fluorinated GHG emissions into CO2e, the EPA is 

proposing that facilities use Equation A-1 of subpart A. For 

fluorinated GHGs that do not have a GWP listed in Table A-1, 

facilities would be required either to use a default GWP or to 

use their best estimate of the GWP, based on the information 

described in 40 CFR 98.123(c)(1)(vi)(A)(3).

9 The default GWP used 

would depend on the type of fluorinated GHG. For fully

fluorinated GHGs, the default GWP would be 10,000, which is 

based on the average GWP of the fully fluorinated GHGs on Table 

A-1. For the purposes of subpart L, EPA is proposing to define 

“fully fluorinated GHGs” as “fluorinated GHGs that contain only 

single bonds and in which all available valence locations are 

filled by fluorine atoms. This includes but is not limited to 

saturated perfluorocarbons, SF6, NF3, SF5CF3, fully fluorinated 

linear, branched and cyclic alkanes, fully fluorinated ethers, 

fully fluorinated tertiary amines, fully fluorinated 

aminoethers, and perfluoropolyethers.” For other fluorinated 

GHGs, the default GWP would be 2,000, which is based on the 

average GWP of the other fluorinated GHGs on Table A-1. EPA is 

proposing to distinguish between fully fluorinated GHGs and 

other fluorinated GHGs because the former have significantly 

longer lifetimes and higher GWPs than the latter. EPA requests 

 

9 This is part of the provision of subpart L that allows facilities to 

request to use provisional GWPs to calculate whether they must use 

stack testing to establish an emission factor for a vent. Note that 

EPA is not proposing to approve best-estimate GWPs under this action.
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comment on the proposed definition of fully fluorinated GHGs and 

on the default GWPs. 

We are proposing to add three new data elements that, if a 

facility used one or more default or best-estimate GWPs, it 

would be required to report the shares of its CO2e emissions that 

were respectively based on the default and/or best estimate 

GWPs. This would enable the EPA to understand the potential 

impact of the default or best estimate GWPs on the overall 

estimated emissions of the facility. We are proposing that, 

facilities using best estimate GWPs be required to keep the 

GWPs, along with the data and analysis that were used to develop 

the GWPs, as records.

The EPA requests comment on the approach for assigning GWPs 

to fluorinated GHGs without GWPs on Table A-1. If commenters 

believe that another method should be used for calculating GWP 

values for chemicals not listed in Table A-1, they should 

provide details and rationale for the specific method that they 

recommend.

The EPA is proposing that the amendments described above 

apply for reporting year 2011 and reporting year 2012. Because 

the deadline for reporting year 2012 reporting is March 31, 

2013, just six months after the reporting year 2011 reporting 

deadline, the EPA has determined that making these proposed 

amendments effective for two reporting years would allow 
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sufficient time to fully evaluate the concerns raised as well 

as, if needed, make a permanent change to the rule. The EPA 

requests comment on whether these amendments should apply for 

only reporting year 2011 rather than for reporting year 2011 and 

reporting year 2012. 

Because only one company raised concerns that reporting 

process-specific emissions by chemical would reveal trade 

secrets, the EPA is also requesting comment on giving 

fluorinated gas producers the option to report all of the 

subpart L data elements that are currently subject to a 

September 2012 reporting deadline. Fluorinated gas producers 

that have established tracking and reporting systems based on 

the current rule would then be able to report based on their 

current systems. At the same time, this approach would preserve 

chemical-by-chemical reporting at the process level where 

companies decide to report in this manner. 

3. Overview and Approach to Proposed CBI Determinations 

As discussed in Section II.D.2 of this preamble, the EPA is 

proposing amendments that would apply to subpart L for reporting 

years 2011 and 2012. Owners and operators would be required to 

report the facility’s fluorinated GHG emissions only as an 

annual total expressed as CO2e emissions as well as the shares of 

those emissions that were based on the default and/or best 

estimate GWPs. 
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The proposed amendment includes addition of these four 

reporting elements, which are listed below in Table 2 of this 

preamble.10

Table 2. Proposed Reporting Data Elements and Confidentiality 

Determinations

Citation Data Element

Proposed Data 

Category 

(Finalized CBI 

Determination11)

1 98.126(j)(3) You must report the total 

fluorinated GHG emissions of 

the facility, expressed in tons 

of CO2e.

Emissions (Emission 

Data: Made available 

to the public)

2 98.126(j)(3)(ii) Provide the total annual 

emissions across fluorinated 

GHGs for the entire facility, 

in metric tons of CO2e, that 

were calculated using the 

default GWP of 2000.

Emissions (Emission 

Data: Made available 

to the public)

3 98.126(j)(3)(iii) Provide the total annual 

emissions across fluorinated 

GHGs for the entire facility, 

in metric tons of CO2e, that 

were calculated using the 

default GWP of 10,000.

Emissions (Emission 

Data: Made available 

to the public)

4 98.126(j)(3)(iv) Provide the total annual 

emissions across fluorinated 

GHGs for the entire facility, 

in metric tons of CO2e, that 

were calculated using your best 

estimate of the GWP. 

Emissions (Emission 

Data: Made available 

to the public)

In conjunction with the proposed addition of the four data 

elements identified above, we are proposing confidentiality 

determinations for these data elements. Because these four data 

elements describe emissions exhausted to the atmosphere, we are 

proposing to assign these proposed data elements to the 

“Emissions” category. These proposed data elements are exactly 

 

10 76 FR 30782, May 26, 2011

11 The CBI determinations of these data categories were finalized in the Final 

CBI Rule (May 26, 2011, 76 FR 30782).
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the same type of data (i.e., information regarding the quantity 

of GHG emissions to the atmosphere) as all of the other data 

elements previously categorized in the “Emissions” data category 

in the Final CBI rule. As mentioned above, in the Final CBI 

rule, the EPA determined that the data elements in this data 

category are “emission data” under CAA section 114(c) and 40 CFR 

2.301(a)(2)(i). Since the proposed data elements are the same as 

the data elements previously finalized in the “Emissions” data 

category, we propose that the determination applied to that 

category also applies to these four proposed data elements, and 

that these data elements would not be eligible for CBI 

treatment.

As mentioned above, we are also proposing to amend the 

reporting requirement in 98.126(a)(5); however, the proposed 

amendment is a minor change in which facilities are reporting 

the methods used to determine emissions at a facility-level 

rather than linking each method to a particular process. 

Because the same information would be reported (without being 

linked to a particular process), this change does not affect the 

proposed confidentiality determination that was made for this 

data element in a recent proposal.

12 As a result, we are not 

proposing a confidentiality determination for this data element.

III. Statutory and Executive Order Reviews 

 

12 77 FR 1434, January 10, 2012.
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A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563: Improving Regulation and Regulatory 

Review

This action is not a "significant regulatory action" under 

the terms of Executive Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

This action does not impose any new information collection 

burden. These proposed amendments do not make any substantive 

changes to the reporting requirements in any of the subparts for 

which amendments are being proposed. In many cases, the proposed 

amendments could potentially reduce the reporting burden by 

making the monitoring and reporting requirements more clear and 

to more closely conform to industry practices. However, the OMB 

has previously approved the information collection requirements 

for subparts A on October 30, 2009, subpart L on December 1, 

2010, subpart W promulgated on November 30, 2010, subpart TT 

promulgated on July 12, 2010 under 40 CFR part 98 under the 

provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et

seq., and has assigned OMB control numbers 2060-0629; 2060-0650; 

and 2060-0647; and 2060-0649 respectively. The OMB control 

numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR 

part 9.
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Further information on the EPA’s assessment on the impact 

on burden can be found in the 2012 Technical Corrections and 

Amendments Cost Memo in docket number EPA-HQ-OAR-2011-0147. 

C. Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a 

regulatory flexibility analysis of any rule subject to notice 

and comment rulemaking requirements under the Administrative 

Procedure Act or any other statute unless the agency certifies 

that the rule will not have a significant economic impact on a 

substantial number of small entities. Small entities include 

small businesses, small organizations, and small governmental 

jurisdictions.

For purposes of assessing the impacts of this proposed rule 

on small entities, small entity is defined as: (1) a small 

business as defined by the Small Business Administration’s 

regulations at 13 CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a city, county, town, 

school district or special district with a population of less 

than 50,000; and (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 these proposed 

rule amendments on small entities, I certify that this action 

will not have a significant economic impact on a substantial 
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number of small entities. The proposed rule amendments will not 

impose any new requirement on small entities that are not 

currently required by the regulation of subpart A promulgated on 

October 30, 2009; subpart TT promulgated on July 12, 2010; 

subpart W promulgated on November 30, 2010, or subpart L 

promulgated on December 1, 2010.

Based on the proposed amendments in his action, the EPA has 

provided clarity to address ambiguity in the rule provisions, 

and has proposed corrections where necessary to assist reporters 

in implementation of these subparts. 

Further, the EPA took several steps to reduce the impact of 

40 CFR part 98 on small entities when developing the final GHG 

reporting rules in 2009 and 2010. For example, the EPA 

determined appropriate thresholds that reduced the number of 

small businesses reporting. In addition, the EPA conducted 

several meetings with industry associations to discuss 

regulatory options and the corresponding burden on industry, 

such as recordkeeping and reporting. Finally, the EPA continues 

to conduct significant outreach on the GHG reporting program and 

maintains an “open door” policy for stakeholders to help inform 

the EPA’s understanding of key issues for the industries.

D. Unfunded Mandates Reform Act (UMRA)

The proposed rule amendments do not contain a Federal 

mandate that may result in expenditures of $100 million or more 
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for State, local, and tribal governments, in the aggregate, or 

the private sector in any one year. Thus, the proposed rule 

amendments are not subject to the requirements of section 202 

and 205 of the 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. The proposed amendments will not 

impose any new requirements that are not currently required for

40 CFR part 98, and the rule amendments would not unfairly apply 

to small governments. Therefore, this action is not subject to 

the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism 

This action does not have federalism implications. It will 

not have substantial direct effects on the States, on the 

relationship between the national government and the States, or 

on the distribution of power and responsibilities among the 

various levels of government, as specified in Executive Order 

13132. For a more detailed discussion about how Part 98 relates 

to existing state programs, please see Section II of the 

preamble to the final Greenhouse Gas Reporting Rule (74 FR 

56266, October 30, 2009).

These amendments apply directly to facilities that supply 

certain products that would result in GHGs when released, 

combusted or oxidized and facilities that directly emit 
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greenhouses gases. They do not apply to governmental entities 

unless the government entity owns a facility that directly emits 

GHGs above threshold levels (such as a landfill), so relatively 

few government facilities would be affected. This regulation 

also does not limit the power of States or localities to collect 

GHG data and/or regulate GHG emissions. Thus, Executive Order 

13132 does not apply to this action.

Although section 6 of Executive Order 13132 does not apply 

to this action, the EPA did consult with State and local 

officials or representatives of State and local governments in 

developing subparts A on October 30, 2009; subpart TT 

promulgated on July 12, 2010; subpart W promulgated on November 

30, 2010; and subpart L promulgated on December 1, 2010. A 

summary of the EPA’s consultations with State and local 

governments is provided in Section VIII.E of the preamble to the 

2009 final rule.

In the spirit of Executive Order 13132, and consistent with 

EPA policy to promote communications between EPA and State and 

local governments, the EPA specifically solicits comment on this 

proposed action from State and local officials.

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments

This action does not have tribal implications, as specified 

in Executive Order 13175 (65 FR 67249, November 9, 2000). The 
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proposed rule amendments would not result in any changes to the 

current requirements of 40 CFR part 98. Thus, Executive Order 

13175 does not apply to this action.

Although Executive Order 13175 does not apply to this 

action, the EPA sought opportunities to provide information to 

Tribal governments and representatives during the development of 

the rules for subparts A on October 30, 2009; subpart TT 

promulgated on July 12, 2010; subpart W promulgated on November 

30, 2010, and subpart L promulgated on December 1, 2010. A 

summary of the EPA’s consultations with Tribal officials is 

provided Sections VIII.E and VIII.F of the preamble to the 2009 

final rule and in Section IV.F of the final rule for subpart W.

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 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
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This action is not subject to Executive Order 13211 (66 FR 

28355, May 22, 2001), because it is not a significant regulatory 

action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), Public Law No. 104-113 (15 

U.S.C. 272 note) directs 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 EPA decides not to 

use available and applicable voluntary consensus standards.

This proposed rulemaking does not involve 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 
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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 this proposed rule will not 

have disproportionately high and adverse human health or 

environmental effects on minority or low-income populations 

because it does not affect the level of protection provided to 

human health or the environment because it is a rule addressing 

information collection and reporting procedures.
2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse 

Gas Reporting Rule, and Proposed Confidentiality Determinations for Certain 

Data Elements of the Fluorinated Gas Source Category

59 of 85

List of Subjects in 40 CFR Part 98

Environmental protection, Administrative practice and 

procedure, Greenhouse gases, Suppliers, Reporting and 

recordkeeping requirements.

____________________________

Dated:

____________________________

Lisa P. Jackson,

Administrator.
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For the reasons stated in the preamble, title 40, chapter 

I, of the Code of Federal Regulations is proposed to be amended 

as follows:

PART 98—[AMENDED]

1. The authority citation for part 98 continues to read 

as follows:

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

Subpart A—[Amended]

2. Section 98.3 is amended by:

a. Revising paragraph (c)(4)(i).

b. Revising paragraph (c)(4)(iii)(E).

c. Adding paragraph (c)(4)(iii)(F).

d. Revising paragraph (c)(4)(vi).

The revisions read as follows:

§98.3 What are the monitoring, reporting, recordkeeping and 

verification requirements of this part? 

* * * * *

(c) * * *

(4) * * *

(i) Annual emissions (excluding biogenic CO2) aggregated for 

all GHG from all applicable source categories, expressed in 

metric tons of CO2e calculated using Equation A–1 of this 

subpart. For electronics manufacturing (as defined in §98.90), 

starting in reporting year 2012 the CO2e calculation must include 
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each fluorinated heat transfer fluid (as defined in §98.98) 

whether or not it is also a fluorinated GHG.

* * * * *

(iii) * * *

(E) Each fluorinated GHG (as defined in §98.6), including 

those not listed in Table A–1 of this subpart.

(F) For electronics manufacturing (as defined in §98.90), 

each fluorinated heat transfer fluid (as defined in §98.98) that 

is not also a fluorinated GHG as specified under (c)(4)(iii)(E). 

This requirement applies beginning in reporting year 2012.

* * * * *

(vi) When applying paragraph (c)(4)(i) of this section to 

fluorinated GHGs and fluorinated heat transfer fluids, calculate 

and report CO2e for only those fluorinated GHGs and fluorinated 

heat transfer fluids listed in Table A–1 of this subpart.

* * * * *

3. Table A-7 to subpart A of part 98 is amended by 

revising the entries for subpart L 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)

* * * * * * *
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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)(1) Only data used in 

calculating the absolute 

errors and data used in 

calculating the relative 

errors.

L 98.126(b)(2) All.

L 98.126(b)(6) Only mass of each 

fluorine-containing 

reactant fed into the 

process.

L 98.126(b)(7) Only mass of each 

fluorine-containing 

product produced by the 

process.

L 98.126(b)(8)(i) Only mass of each 

fluorine-containing 

product that is removed 

from the process and fed 

into the destruction 

device.

L 98.126(b)(8)(ii) Only mass of each 

fluorine-containing byproduct that is removed 

from the process and fed 

into the destruction 

device.

L 98.126(b)(8)(iii) Only mass of each 

fluorine-containing 

reactant that is removed 

from the process and fed 

into the destruction 

device.

L 98.126(b)(8)(iv) Only mass of each 

fluorine-containing byproduct that is removed 

from the process and 

recaptured.

L 98.126(b)(8)(v) All.

L 98.126(b)(9)(i) All.
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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)(9)(ii) All.

L 98.126(b)(9)(iii) All.

L 98.126(b)(10) All.

L 98.126(b)(11) All.

L 98.126(b)(12) All.

L 98.126(c)(1) Only quantity of the 

process activity used to 

estimate emissions.

L 98.126(c)(2) All.

L 98.126(d) Only estimate of missing 

data.

L 98.126(f)(1) All.

L 98.126(g)(1) All.

L 98.126(h)(2) All.

* * * * * * *

Subpart L—[Amended]

4. Section 98.126 is amended by:

a. Revising paragraph (a) introductory text.

b. Revising paragraph (a)(5).

c. Adding paragraph (j).

The revisions read as follows:

§98.126 Data Reporting Requirements.

(a) All facilities. In addition to the information required 

by §98.3(c), you must report the information in paragraphs 

(a)(2) through (a)(6) of this section according to the schedule 

in paragraph (a)(1) of this section, except as otherwise 
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provided in paragraph (j) of this section or in §98.3(c)(4)(vii) 

and Table A-7 of Subpart A of this part. 

* * * * *

(5) The methods used to determine the mass emissions of 

each fluorinated GHG, i.e., mass balance, process-vent-specific 

emission factor, or process-vent-specific emission calculation 

factor, at the facility. If you use the process-vent-specific 

emission factor or process-vent-specific emission calculation 

factor method, report the methods used to estimate emissions 

from equipment leaks.

* * * * *

(j) Special Provisions for Reporting Years 2011 and 2012 

Only. For reporting years 2011 and 2012, the owner or operator 

of a facility must comply with paragraphs (j)(1), (j)(2), and 

(j)(3) of this section.

(1) Timing. The owner or operator of a facility is not 

required to report the data elements at §98.3(c)(4)(iii) and 

§98.126(a)(2), (a)(3), (a)(4), (a)(6), (b), (c), (d), (e), (f), 

(g), and (h) of this section until the later of March 31, 2014 

or the date set forth for that data element at §98.3(c)(4)(vii) 

and Table A-7 of Subpart A of this part. 

(2) Excess emissions. Excess emissions of fluorinated GHGs 

resulting from destruction device malfunctions must be reflected 
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in the reported facility-wide CO2e emissions but are not required 

to be reported separately.

(3) Calculation and Reporting of CO2e. You must report the 

total fluorinated GHG emissions covered by this subpart, 

expressed in metric tons of CO2e. This includes emissions from 

all fluorinated gas production processes, all fluorinated gas 

transformation processes that are not part of a fluorinated gas 

production process, all fluorinated gas destruction processes 

that are not part of a fluorinated gas production process or a 

fluorinated gas transformation process, and venting of residual 

fluorinated GHGs from containers returned from the field. To 

convert fluorinated GHG emissions to CO2e for reporting under 

this section, use Equation A-1 of §98.2. For fluorinated GHGs 

whose GWPs are not listed in Table A-1 of Subpart A of this 

subpart, use either the default GWP specified below or your best 

estimate of the GWP based on the information described in 

§98.123(c)(1)(vi)(A)(3). 

(i) If you choose to use a default GWP rather than your 

best estimate of the GWP for fluorinated GHGs whose GWPs are not 

listed in Table A-1 to this subpart, use a default GWP of 10,000 

for fluorinated GHGs that are fully fluorinated GHGs and use a 

default GWP of 2000 for other fluorinated GHGs.
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(ii) Provide the total annual emissions across fluorinated 

GHGs for the entire facility, in metric tons of CO2e, that were 

calculated using the default GWP of 2000.

(iii) Provide the total annual emissions across fluorinated 

GHGs for the entire facility, in metric tons of CO2e, that were 

calculated using the default GWP of 10,000.

(iv) Provide the total annual emissions across fluorinated 

GHGs for the entire facility, in metric tons of CO2e, that were 

calculated using your best estimate of the GWP.

5. Section 98.127 is amended by adding paragraph (k) to 

read as follows:

§98.127 Records that must be retained.

* * * * *

(k) For fluorinated GHGs whose GWPs are not listed in Table 

A-1 to this subpart, maintain records of the GWPs used to 

calculate facility-wide CO2e emissions. Where you used your best 

estimate of the GWP, maintain records of the data and analysis 

used to develop that GWP, including the data elements at 

§98.123(c)(1)(vi)(A)(1)-(3).

6. Section 98.128 is amended by adding the definition of 

“Fully fluorinated GHGs” in alphabetical order to read as 

follows:

§98.128 Definitions.

* * * * *
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Fully fluorinated GHGs means fluorinated GHGs that contain 

only single bonds and in which all available valence locations 

are filled by fluorine atoms. This includes but is not limited 

to saturated perfluorocarbons, SF6, NF3, SF5CF3, fully fluorinated 

linear, branched and cyclic alkanes, fully fluorinated ethers, 

fully fluorinated tertiary amines, fully fluorinated 

aminoethers, and perfluoropolyethers.

* * * * *

Subpart W—[Amended]

7. Section 98.233 is amended by:

a. In paragraph (e)(5), revising Equation W-6.

b. Revising paragraph (f)(1) introductory text, Equation W7 and, the definitions of parameters “Tp” and “FRp” in Equation 

W-7.

c. Revising paragraph (f)(1)(i) introductory text and 

paragraph (f)(1)(i)(A).

d. In paragraph (f)(2), revising Equation W-8 and the 

definitions of parameters “SPp”, “Vp”, and “HRp,q” in Equation W8.

e. Revising (f)(3) introductory text, Equation W-9 and the 

definitions of parameters “W”, “Vp”, and “HRp,q” in Equation W-9.

f. In paragraph (g), revising Equations W-10A and W-10B and 

the definitions of “FRM”, “PRp”, “EnFp”, “SGp”, and “FVp”. 

g. Revising paragraph (g)(1) introductory text. 
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h. In paragraph (g)(1)(ii), revising Equations W-11A and W11B, and revising the definition of “FR” and “A” in both 

Equations W-11A and W-11B.

i. In paragraph (g)(1)(iii), revising Equation W-12 and the 

definitions of “FRM”, “FRp”, and “PRp”; removing the definition 

of “W”; and adding the definition of “N.”

j. Revising paragraph (g)(3)(i).

k. In paragraph (h), revising the definition of parameter 

“Es,n” in Equation W-13. 

l. In paragraph (i)(3), revising the definition of “ES,N” in 

Equation W-14A, revising Equation W-14B and the definition of 

“Ta” in Equation W-14B.

m. Revising paragraph (j)(5) introductory text and the 

definitions “Count” and “1,000” in Equation W-15.

n. In paragraph (l)(3), revising the definition of “PR” in 

Equation W-17B.

o. Removing and reserving paragraph (n)(7).

p. In paragraph (o)(5), revising Equation W-23.

q. In paragraph (o)(6), revising Equation W-24.

r. In paragraph (o)(7), revising the definition of “EFi” in 

Equation W-25.

s. In paragraph (p)(7), revising Equation W-27.

t. In paragraph (p)(7)(i), revising Equation W-28.

u. Revising paragraph (r)(2) introductory text.
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v. Revising paragraph (r)(6)(ii) introductory text.

w. Revising paragraph (t) introductory text, (t)(1) 

introductory text, and the definition of “Es,n” and “Ea,n” in 

Equation W-33.

x. In paragraph (v), revising the definition of “ρi” in 

Equation W-36.

y. In paragraph (z)(2)(iii), revising the definition of 

“ECO2” in Equations W-39A and W-39B. 

z. In paragraph (z)(2)(vi), revising the definition of 

parameter “HHV” in Equation W-40. 

The revisions read as follows:

§98.233 Calculating GHG emissions.

* * * * *

(e) * * *

(5) * * *

Es,n = (H*D2*P*P2*%G*365days/yr) (Eq. W-6)

 (4*P1*T*100)

Where:

Es,n = Annual natural gas emissions at standard conditions 

in cubic feet. 

H = Height of the dehydrator vessel (ft). 

D = Inside diameter of the vessel (ft). 

P1 = Atmospheric pressure (psia). 

P2 = Pressure of the gas (psia). 

P = pi (3.14).

%G = Percent of packed vessel volume that is gas. 
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T = Time between refilling (days).

100 = Conversion of %G to fraction.

* * * * *

(f) * * *

(1) Calculation Methodology 1. For at least one well of 

each unique well tubing diameter group and pressure group 

combination in each sub-basin category (see §98.238 for the 

definitions of tubing diameter group, pressure group, and subbasin category), where gas wells are vented to the atmosphere to 

expel liquids accumulated in the tubing, a recording flow meter 

shall be installed on the vent line used to vent gas from the 

well (e.g., on the vent line off the wellhead separator or 

atmospheric storage tank) according to methods set forth in 

§98.234(b). Calculate emissions from well venting for liquids 

unloading using Equation W-7 of this section.





h

p

Ea n TpFR

1

, (Eq. W-7)

* * * * *

Tp = Cumulative amount of time in hours of venting for each 

well, p, of the same tubing diameter group and 

pressure group combination in a sub-basin during the 

year.

FR = Average flow rate in cubic feet per hour for all 

measured wells venting for the duration of the liquids 

unloading, under actual conditions as determined in 

paragraph (f)(1)(i) of this section.

(i) Determine the well vent average flow rate as specified 

under paragraph (f)(1)(i) of this section for at least one well 
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in a unique well tubing diameter group and pressure group 

combination in each sub-basin category.

(A) The average flow rate per hour of venting is calculated 

for each unique tubing diameter group and pressure group 

combination in each sub-basin category by dividing the recorded 

total flow by the recorded time (in hours) for all measured 

liquid unloading events with venting to the atmosphere. 

* * * * *

(2) * * *

       

 















         

W

p

V

q

s n p p p p p p q p q

p

E V CD WD SP SFR HR Z

1 1

, ,

3 2

,

0.37 10 1.0

 W-8

* * * * *

SPp = Shut-in pressure or surface pressure for wells with 

tubing production and no packers or casing pressure 

for each well, p, in pounds per square inch absolute 

(psia) or casing-to-tubing pressure ratio of one well 

from the same sub-basin multiplied by the tubing 

pressure of each well, p, in the sub-basin, in pounds 

per square inch absolute (psia).

Vp = Number of unloading events per year per well, p.

* * * * *

HRp,q = Hours that each well, p, was left open to the 

atmosphere during each unloading event, q. 

* * * * *

(3) Calculation Methodology 3. Calculate emissions from 

well venting to the atmosphere for liquids unloading with 

plunger lift assist using Equation W-9 of this section.
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       

 















         

W

p

V

q

s n p p p p p p q p q

p

E V TD WD SP SFR HR Z

1 1

, ,

3 2

,

0.37 10 0.5

 W-9

* * * * *

W = Total number of wells with plunger lift assist and 

well venting for liquids unloading for each sub-basin.

* * * * *

Vp = Number of unloading events per year for each well, p.

* * * * *

HRp,q = Hours that each well, p, was left open to the 

atmosphere during each unloading event, q. 

* * * * *

(g) * * *

 



    

W

p

Es n Tp FRMs PRs p EnFs p SGs p

1

, , , ,

(Eq. W-10A)

 



 

W

p

Es n FVs p EnFs p

1

, , ,

(Eq. W-10B)

* * * * *

FRMs = Ratio of flowback during well completions and 

workovers from hydraulic fracturing to 30-day 

production rate from Equation W-12.

PRs,p = First 30-day average production flow rate in standard 

cubic feet per hour of each well p, under actual 

conditions, converted to standard conditions, as 

required in paragraph (g)(1) of this section.

EnFs,p = Volume of CO2 or N2 injected gas in cubic feet at 

standard conditions that was injected into the 
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reservoir during an energized fracture job for each 

well p. If the fracture process did not inject gas 

into the reservoir, then EnFp is 0. If injected gas is 

CO2 then EnFp is 0.

SGs,p = Volume of natural gas in cubic feet at standard 

conditions that was recovered into a flow-line for 

well p as per paragraph (g)(3) of this section. This 

parameter includes any natural gas that is injected 

into the well for clean-up. If no gas was recovered, 

SGp is 0.

FVs,p = Flow volume of each well (p) in standard cubic feet 

measured using a recording flow meter (digital or 

analog) on the vent line to measure flowback during 

the completion or workover according to methods set 

forth in §98.234(b).

(1) The average flow rate for flowback during well 

completions and workovers from hydraulic fracturing shall be 

determined using measurement(s) for calculation methodology 1 or 

calculation(s) for calculation methodology 2 described in this 

paragraph (g)(1) of this section. If Equation W-10A is used, the 

number of measurements or calculations shall be determined per 

sub-basin and well type (horizontal or vertical) as follows: at 

least one measurement or calculation for less than or equal to 

25 completions or workovers; at least two measurements or 

calculations for 26 to 50 completions or workovers; at least 

three measurements or calculations for 51 to 100 completions or 

workovers; at least four measurements or calculations for 101 to 

250 completions or workovers; and at least five measurements or 

calculations for greater than 250 completions or workovers.

* * * * * 
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(ii) * * *

































 















 

1.758

1

2

1.515

1

5 2

1.27 10 * * 3430* *

P

P

P

P

FRa A Tu

(Eq. W-11A)

Where:

FRa = Average flow rate in cubic feet per hour, under actual 

subsonic flow conditions.

A = Cross sectional open area of the restriction orifice 

(m2).

* * * * *

FRa A 08*Tu 1.27 10 * * 187.

5

 

(Eq. W-11B)

Where:

FRa = Average flow rate in cubic feet per hour, under actual 

sonic flow conditions.

A = Cross sectional open area of the restriction orifice 

(m2).

* * * * *

(iii) * * *









 N

p

s p

N

p

s p

s

PR

FR

FRM

1

,

1

,

(Eq. W-12)

Where:

FRMs = Ratio of flowback rate during well completions and 

workovers from hydraulic fracturing to 30-day 

production rate.

FRs,p = Measured flowback rate from Calculation Methodology 1 

described in paragraph (g)(1)(i) of this section or 

calculated flow rate from Calculation Methodology 2 

described in paragraph (g)(1)(ii) of this section in 
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standard cubic feet per hour for well(s) p for each 

sub-basin and well type (horizontal or vertical) 

combination. Measured and calculated FRa values shall 

be converted from actual conditions (FRa) to standard 

conditions (FRs,p) for each well p using Equation W-33 

in paragraph (t) of this section. You may not use flow 

volume as used in Equation W-10B converted to a flow 

rate for this parameter.

PRs,p = First 30-day production rate in standard cubic feet 

per hour for each well p that was measured in the subbasin and well type combination.

N = Number of measured or calculated well completions or 

workovers using hydraulic fracturing in a sub-basin 

and well type formation.

* * * * *

(3) * * *

(i) Use the factor SGs,P in Equation W-10A of this section, 

to adjust the emissions estimated in paragraphs (g)(1) through 

(g)(4) of this section by the magnitude of emissions captured 

using purpose designed equipment that separates saleable gas 

from the flowback as determined by engineering estimate based on 

best available data.

* * * * *

(h) * * *

* * * * *

Es,n = Annual natural gas emissions in standard cubic feet 

from gas well venting during well completions and 

workovers without hydraulic fracturing. 

* * * * *

(i) * * *

(3) * * *
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* * * * *

Es,n = Annual natural gas venting emissions at standard 

conditions from blowdowns in cubic feet.

* * * * *

      

































 



N

p a p s

s a b p a e p

s n

T P

T P P

E V

1 ,

, , , ,

,

459.67

459.67

(Eq. W-14B)

* * * * *

Ta,p = Temperature at actual conditions in the unique 

physical volume (oF) for each blowdown “p”.

* * * * *

(j) * * *

(5) Calculation Methodology 5. For well pad gas-liquid 

separators and for wells flowing off a well pad without passing 

through a gas-liquid separator with annual average daily 

throughput of oil less than 10 barrels per day use Equation W-15 

of this section:

* * * * *

Count = Total number of separators or wells with annual 

average daily throughput less than 10 barrels per day. 

Count only separators or wells that feed oil directly 

to the storage tank.

1,000 = Conversion from thousand standard cubic feet to 

standard cubic feet.

* * * * *

(l) * * *

(3) * * *

* * * * *
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PR = Average annual production rate in actual cubic feet 

per day for the gas well(s) being tested. 

* * * * *

(o) * * *

(5) * * *

Es,i EFm *Tm *GHGi (Eq. W-23)

* * * * *

(6) * * * 

m

Count

p

m p

m

Count

MT

EF

m





1

,

(Eq. W-24)

* * * * * 

(7) * * *

* * * * *

EFi = Emission factor for GHGi. Use 1.2 x 107 standard cubic 

feet per year per compressor for CH4 and 5.30 x 105

standard cubic feet per year per compressor for CO2 at 

60°F and 14.7 psia.

* * * * *

(p) * * *

(7) * * *

Es,i EFm *Tm *GHGi (Eq. W-27)

* * * * *

(i) * * *
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m

p

m p

m

Count

MT

EF





Count m

1

,

(Eq. W-28)

* * * * * 

(r) * * *

(2) Onshore petroleum and natural gas production facilities 

shall use the appropriate default population emission factors 

listed in Table W-1A of this subpart for equipment leaks from 

valves, connectors, open ended lines, pressure relief valves, 

pump, flanges, and other. Major equipment and components 

associated with gas wells are considered gas service components 

in reference to Table W-1A of this subpart and major natural gas 

equipment in reference to Table W-1B of this subpart. Major 

equipment and components associated with crude oil wells are 

considered crude service components in reference to Table W-1A 

of this subpart and major crude oil equipment in reference to 

Table W-1C of this subpart. Where facilities conduct EOR 

operations the emissions factor listed in Table W-1A of this 

subpart shall be used to estimate all streams of gases, 

including recycle CO2 stream. The component count can be 

determined using either of the methodologies described in this 

paragraph (r)(2). The same methodology must be used for the 

entire calendar year.

* * * * *
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(6) * * *

(ii) Emissions from all above grade metering-regulating 

stations (including above grade TD transfer stations) shall be 

calculated by applying the emission factor calculated in 

Equation W-32 and the total count of meter/regulator runs at all 

above grade metering-regulating stations (inclusive of TD 

transfer stations) to Equation W-31. The facility wide emission 

factor in Equation W-32 will be calculated by using the total 

volumetric GHG emissions at standard conditions for all 

equipment leak sources calculated in Equation W-30B in paragraph 

(q)(8) of this section and the count of meter/regulator runs 

located at above grade transmission-distribution transfer 

stations that were monitored over the years that constitute one 

complete cycle as per (q)(8)(i) of this section. A meter on a 

regulator run is considered one meter/regulator run. Reporters 

that do not have above grade T-D transfer stations shall report 

a count of above grade metering-regulating stations only and do 

not have to comply with §98.236(c)(16)(xix).

* * * * *

(t) Volumetric emissions. If equation parameters in §98.233 

are already at standard conditions, which results in volumetric 

emissions at standard conditions, then this paragraph does not 

apply. Calculate volumetric emissions at standard conditions as 

specified in paragraphs (t)(1) or (2) of this section, with 
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actual pressure and temperature determined by engineering 

estimates based on best available data unless otherwise 

specified. 

(1) Calculate natural gas volumetric emissions at standard 

conditions using actual natural gas emission temperature and 

pressure, and Equation W-33 of this section for conversions of 

Ea,n or conversions of FRa (whether sub-sonic or sonic). 

* * * * *

Es,n = Natural gas volumetric emissions at standard 

temperature and pressure (STP) conditions in cubic 

feet, except Es,n equals(FRs,p)for each well p when 

calculating either subsonic or sonic flowrates under 

98.233(g).

Ea,n = Natural gas volumetric emissions at actual conditions 

in cubic feet, except Ea,n equals (FRa,p) for each well 

p when calculating either subsonic or sonic flowrates 

under 98.233(g).

* * * * *

(v) * * *

* * * * *

 i = Density of GHGi. Use 0.0526 kg/ft3 for CO2 and N2O, and 

0.0192 kg/ft3 for CH4 at 60°F and 14.7 psia .

* * * * *

(z) * * *

(2) * * *

(iii) * * *

* * * * *
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Ea,CO2 = Contribution of annual CO2 emissions from portable or 

stationary fuel combustion sources in cubic feet, 

under actual conditions.

* * * * *

(vi) * * *

* * * * *

HHV = For the higher heating value for field gas or process 

vent gas, use 1.235 x 10-3 mmBtu/scf for HHV.

* * * * *

8. Section 98.236 is amended by:

a. Revising paragraph (c)(5)(ii)(D). 

b. Revising paragraph (c)(9) introductory text. 

c. Revising paragraph (c)(13)(iii)(C).

d. Revising paragraphs (c)(15)(i)(B), (c)(15)(i)(C), and 

(c)(15)(ii)(A).

e. Revising paragraph (c)(17)(v). 

The revisions read as follows: 

§98.236 Data reporting requirements.

* * * * *

(c) * * *

* * * * *

(5) * * *

(ii) * * *

(D) Average internal casing diameter, in inches, for all 

wells, where applicable. 
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* * * * *

(9) For transmission tank emissions identified in 

§98.233(k) from scrubber dump valves report the following:

* * * * *

(13) * * *

(iii)* * *

(C) Report the isolation valve leakage emissions in not 

operating, depressurized mode in metric tons of CO2e for each 

gas(refer to Equation W-23 and Equation W-24 of §98.233).

* * * * *

(15) * * *

(i) * * *

(B) For onshore natural gas processing, range of 

concentrations of CH4 and CO2 (refer to Equation W-30A of 

§98.233).

(C) Annual CO2 and CH4 emissions in metric tons CO2e for 

each gas (refer to Equation W-30A of §98.233), by component 

type.

(ii) * * *

(A) For source categories §98.230 (a)(5), (a)(6), and 

(a)(7), total count for each component type in Tables W-4, W-5, 

and W-6 of this subpart for which there is a population emission 

factor, listed by major heading and component type.
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We have taken steps to ensure the accuracy of this version, but it is not the official version.

* * * * *

(17) * * *

(v) For each EOR pump, report annual CO2 emissions, 

expressed in metric tons CO2e for each gas.

* * * * * 

9. Table A-1A of Subpart W of part 98 is revised to read 

as follows: 

Table W-1A of Subpart W–Default Whole Gas Emission Factors for 

Onshore Petroleum and Natural Gas Production

Onshore petroleum and natural gas production Emission Factor 

(scf/hour/component)

Eastern U.S.

Population Emission Factors - All Components, Gas Service1

Valve 0.027

Connector 0.003

Open-ended Line 0.061

Pressure Relief Valve 0.040

Low Continuous Bleed Pneumatic Device Vents2 1.39

High Continuous Bleed Pneumatic Device Vents2 37.3

Intermittent Bleed Pneumatic Device Vents2 13.5

Pneumatic Pumps3 13.3

Population Emission Factors - All Components, Light Crude Service4

Valve 0.05

Flange 0.003

Connector 0.007

Open-ended Line 0.05

Pump 0.01

Other5 0.30

Population Emission Factors - All Components, Heavy Crude Service6

Valve 0.0005

Flange 0.0009

Connector (other) 0.0003

Open-ended Line 0.006

Other5 0.003

Western U.S.

Population Emission Factors - All Components, Gas Service1

Valve 0.121

Connector 0.017

Open-ended Line 0.031

Pressure Relief Valve 0.193
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This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on May 11, 2012. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

Onshore petroleum and natural gas production Emission Factor 

(scf/hour/component)

Low Continuous Bleed Pneumatic Device Vents2 1.39

High Continuous Bleed Pneumatic Device Vents2 37.3

Intermittent Bleed Pneumatic Device Vents2 13.5

Pneumatic Pumps3 13.3

Population Emission Factors - All Components, Light Crude Service4

Valve 0.05

Flange 0.003

Connector (other) 0.007

Open-ended Line 0.05

Pump 0.01

Other5 0.30

Population Emission Factors - All Components, Heavy Crude Service6

Valve 0.0005

Flange 0.0009

Connector (other) 0.0003

Open-ended Line 0.006

Other5 0.003

1 For multi-phase flow that includes gas, use the gas service emissions 

factors

2 Emission Factor is in units of "scf/hour/device"

3 Emission Factor is in units of "scf/hour/pump"

4 Hydrocarbon liquids greater than or equal to 20 ̊API are considered "light 

crude"

5 ”Others” category includes instruments, loading arms, pressure relief 

valves, stuffing boxes, compressor seals, dump lever arms, and vents.

6 Hydrocarbon liquids less than 20 ̊API are considered "heavy crude"

10. Table W-5 to Subpart W of part 98 is amended by 

revising the entry for “Vapor Recovery Compressor” to read as 

follows: 

Table W-5 of Subpart W–Default Methane Emission Factors for 

Liquefied Natural Gas (LNG) Storage

LNG Storage Emission Factor 

(scf/hour/component)

* * * * * * *

Vapor Recovery Compressor2 4.17

Subpart TT—[Amended]
Page 85 of 85

This document is a prepublication version, signed by EPA Administrator Lisa P. Jackson on May 11, 2012. 

We have taken steps to ensure the accuracy of this version, but it is not the official version.

11. Section 98.460 is amended by adding paragraph 

(c)(2)(xiii) to read as follows:

§98.460 Definition of Source Category.

* * * * *

(c) * * *

(2) * * *

(xiii) Other waste material that has a DOC value of 0.3 

weight percent (on a wet basis) or less. DOC value must be 

determined using a 60-day anaerobic biodegradation test 

procedure identified in 98.464(b)(4)(i)(A).