```

[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Rules and Regulations]
[Pages 51477-51495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19957]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL-9714-3]
RIN 2060-AR53

2012 Technical Corrections, Clarifying and Other Amendments to 
the Greenhouse Gas Reporting Rule, and Confidentiality Determinations 
for Certain Data Elements of the Fluorinated Gas Source Category

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is amending specific provisions of the Greenhouse Gas 
Reporting Rule to provide greater clarity and flexibility to facilities 
subject to reporting emissions from the industrial waste landfill, 
petroleum and natural gas systems, fluorinated gas production, and 
electronics manufacturing source categories. These source categories 
will report greenhouse gas data for the first time in September 2012. 
The changes do not significantly change the overall calculation and 
monitoring requirements of the Greenhouse Gas Reporting Rule or add 
additional requirements for reporters. The EPA is also making 
confidentiality determinations for four new data elements for the 
fluorinated gas production source category of the Greenhouse Gas 
Reporting Rule. Lastly, we are finalizing an amendment to the general 
provisions to defer the reporting deadline for a data element used as 
an input to an emission equation in the fluorinated gas production 
source category until 2015.

DATES: This final rule is effective on August 24, 2012, except for the 
amendments to 40 CFR 98.3(c)(4) and the confidentiality determinations 
for subpart L described in section II.D of the Supplementary 
Information, which are effective on September 24, 2012.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2011-0147. All documents in the docket are 
listed in

[[Page 51478]]

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, is not placed on the Internet 
and is 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; email address: 
GHGReportingRule@epa.gov. For technical information and implementation 
materials, please go to the Greenhouse Gas Reporting Rule Program Web 
site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. 
To submit a question, select Rule Help Center, followed by ``Contact 
Us.''
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final rule 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 Web site 
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 
amended regulations could affect owners or operators of direct emitters 
of GHGs. Regulated categories and affected entities may include those 
listed in Table 1 of this preamble:

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                  Examples of affected
             Category                 NAICS            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.
Electronics Manufacturing.........     334111  Microcomputers
                                                manufacturing
                                                facilities.
                                       334413  Semiconductor,
                                                photovoltaic (solid-
                                                state) 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 affected. 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.
    What is the effective date? This final rule is effective on August 
24, 2012, except for the amendments to 40 CFR 98.3(c)(4) (the subpart A 
amendments that affect subpart I) and the confidentiality 
determinations for subpart L, which are effective on September 24, 
2012. Section 553(d) of the Administrative Procedure Act (APA), 5 
U.S.C. Chapter 5, generally provides that rules may not take effect 
earlier than 30 days after they are published in the Federal Register. 
EPA is issuing this final rule under section 307(d)(1) of the Clean Air 
Act, which states: ``The provisions of section 553 through 557 * * * of 
Title 5 shall not, except as expressly provided in this section, apply 
to actions to which this subsection applies.'' Thus, section 553(d) of 
the APA does not apply to this rule. EPA is nevertheless acting 
consistently with the purposes underlying APA section 553(d) in making 
the final rule provisions, except for the amendments to 40 CFR 
98.3(c)(4) (the subpart A amendments that affect subpart I) and the 
subpart L confidentiality determinations, effective on August 24, 2012. 
This final rule, except for the amendments to 40 CFR 98.3(c)(4) (the 
subpart A amendments that affect subpart I) and the subpart L 
confidentiality determinations, temporarily requires less detailed 
reporting under subpart L than would otherwise have been required by 
the November 2010 Subpart L final rule (75 FR 74774), defers the 
deadline for reporting a data element used as an input to emission 
equations under subpart L, removes a data reporting requirement and 
otherwise provides flexibilities under subpart W, and removes the 
requirement for some facilities to report under subpart TT. A shorter 
effective date in such circumstances is consistent with the purposes of 
APA section 553(d), which provides an exception for any action that 
grants or recognizes an exemption or relieves a restriction.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of

[[Page 51479]]

this final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
Court) by October 23, 2012. Under CAA section 307(d)(7)(B), only an 
objection to this final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Section 307(d)(7)(B) of the CAA also provides a 
mechanism for the EPA to convene a proceeding for reconsideration, 
``[i]f the person raising an objection can demonstrate to EPA that it 
was impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of the 
rule.'' Any person seeking to make such a demonstration to us should 
submit a Petition for Reconsideration to the Office of the 
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section, and the Associate General Counsel for the Air and 
Radiation Law Office, Office of General Counsel (Mail Code 2344A), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20004. Note, under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce these requirements.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
DOC degradable organic carbon
EF emission factor
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
kg/ft\3\ kilograms per cubic foot
CO2e carbon dioxide equivalent
N2O nitrous oxide
NAICS North American Industry Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
psia pounds per square inch absolute
QSARs quantitative structure activity relationships
RFA Regulatory Flexibility Act
SF6 sulfur hexafluoride
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995

    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. Background
    A. Organization of This Preamble
    B. Background on the Final Rule
    C. Legal Authority
    D. How do these amendments apply to 2012 reports?
    E. How do these amendments affect confidentiality 
determinations?
II. Final Amendments and Responses to Public Comments
    A. Subpart A--General Provisions
    B. Subpart TT--Industrial Waste Landfills
    C. Subpart W--Petroleum and Natural Gas Systems
    D. Subpart L--Fluorinated Gas Production
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
    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
    K. Congressional Review Act

I. Background

A. Organization of This Preamble

    This preamble consists of three sections. The first section 
provides background on 40 CFR part 98 and describes the purpose and 
legal authority for this action.
    The second section of this preamble summarizes the revisions made 
to the specific requirements for the general provisions (subpart A), 
industrial waste landfills (subpart TT), petroleum and natural gas 
systems (subpart W) and fluorinated gas production (subpart L) of 40 
CFR part 98. It also describes the major changes made to these source 
categories since proposal and provides a brief summary of significant 
public comments and EPA's responses on issues specific to each source 
category. Additional responses to significant comments can be found in 
the document ``2012 Technical Corrections, Clarifying and Other 
Amendments to the Greenhouse Gas Reporting Rule, and Confidentiality 
Determinations for Certain Data Elements of the Fluorinated Gas Source 
Category--Responses to Public Comment'' in the docket to this 
rulemaking.
    The third section of this preamble discusses the various statutory 
and executive order requirements applicable to this rulemaking.

B. Background on the Final Rule

    This action finalizes amendments to provisions in 40 CFR part 98, 
subparts A, TT, W, and L. The 2009 final GHG Reporting Rule was 
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 finalized reporting requirements for 30 source 
categories, did not include subparts TT, W, and L. 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).\1\
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    \1\ 75 FR 66434, October 28, 2010; 75 FR 79092, December 17, 
2010; 76 FR 73866, November 29, 2011; 76 FR 80554, December 23, 
2011.
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    In a separate recent action, the EPA proposed corrections, 
clarifying, and other amendments to subparts A, TT, W, and L on May 21, 
2012 (77 FR 29935), hereinafter ``2012 Technical Corrections 
Proposal.'' In that action, the EPA proposed several amendments to 
specific provisions in these subparts to provide greater clarity and 
flexibility to facilities subject to reporting in 2012. The EPA also 
proposed an amendment to Table A-7 of subpart A to add a subpart L data 
element that was inadvertently omitted in the final deferral rule \2\ 
to defer its reporting deadline until 2015. In this action, the EPA is 
finalizing amendments to provisions in subparts A, TT, W, and L.
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    \2\ 76 FR 53057, August 25, 2011.
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    On January 10, 2012 (77 FR 1434), the EPA proposed confidentiality 
determinations for data elements (excluding those used as inputs to 
emission equations) in eight subparts of Part 98, including subpart L. 
In the 2012 Technical Corrections Proposal, the EPA proposed, among 
other things, four new data elements for subpart L and confidentiality 
status for those four new subpart L data elements. In this action, the 
EPA is finalizing the addition of four

[[Page 51480]]

new data elements to subpart L and their confidentiality 
determinations.

C. Legal Authority

    The EPA is promulgating 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 April 10, 2009 initial 
proposed rule,\3\ 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 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.
---------------------------------------------------------------------------

    \3\ See http://www.epa.gov/climatechange/emissions/responses.html.
---------------------------------------------------------------------------

    In addition, the EPA is making confidentiality determinations for 
four 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 the EPA authority to obtain the information in Part 98, 
including the four new data elements we have added to subpart L. 
Section 114(c) requires that the EPA make information obtained under 
section 114 publicly available, except where information qualifies for 
confidential treatment. Section 114(c) excludes emission data from 
qualifying for confidential treatment. The Administrator has determined 
that this action (amendment and confidentiality determination) is 
subject to the provisions of section 307(d) of the CAA.

D. How do these amendments apply to 2012 reports?

    As explained in the preamble to the 2012 Technical Corrections 
Proposal, our response to comments, and this notice, we believe that it 
is feasible for reporters to implement the changes for the 2011 
reporting year, for which reports are due by September 28, 2012. The 
revisions that apply to the reporting for 2011 are primarily technical 
corrections, and provide clarification regarding the existing 
regulatory requirements or reduce the amount of information that is 
required to be reported.
    In the case of 40 CFR part 98, subpart A, the amendment is merely a 
harmonizing change to a technical correction finalized in February 2012 
for subpart I (see 77 FR 10373). This change is effective for reporting 
year 2012 and does not affect reporting year 2011. The February 2012 
subpart I technical correction required reporters to calculate 
emissions of certain additional fluorinated heat transfer fluids under 
subpart I; however, the February 2012 correction inadvertently omitted 
an amendment to a corresponding requirement in subpart A to include 
those calculated emissions in the annual GHG report. This action 
corrects this omission by requiring that reporters include these 
emissions from heat transfer fluids in their facility level totals 
reported to the EPA in the annual GHG report. Additionally, as 
proposed, this rule adds one data element to Table A-7 to Subpart A 
(Table A-7 lists data elements whose reporting deadline is deferred 
until 2015). This element was inadvertently omitted in the final 
deferral rule defers the reporting of one additional input until 2015. 
Because this reduces the reporting requirements, the EPA has determined 
that it is feasible for this amendment to apply to the reporting year 
2011; therefore this data element would not need to be reported until 
2015.
    In the case of 40 CFR part 98, subpart TT, this final rule excludes 
some facilities from the reporting requirements and reduces the burden 
by making it easier for facilities to determine applicability of 
subpart TT under the GHG Reporting Rule. The excluded facilities are 
not expected to emit GHGs since they receive only inert wastes that do 
not generate methane.
    In the case of 40 CFR part 98, subpart W, the amendments include 
technical corrections that, while important to allow reporters to 
calculate emissions accurately, do not materially affect the actions 
facilities must take to comply with the rule. For example, in this 
action the EPA has corrected the emission factors in Table W-1A of 
subpart W for the onshore petroleum and natural gas production segment, 
due to an error in the December 23, 2011 Technical Revisions to the 
Petroleum and Natural Gas Systems Category of the Greenhouse Gas 
Reporting Rule (76 FR 80554, December 23, 2011, referred to hereinafter 
as the ``December 2011 technical corrections final rule''), where EPA 
incorrectly revised several of the emission factors in this table. This 
final rule corrects this error but does not materially affect the 
actions a facility must undertake to comply with subpart W.
    In the case of 40 CFR part 98, subpart L, facilities subject to 
subpart L will report greenhouse gas emissions in a more aggregated 
manner in 2012 and 2013. This amendment is temporary (i.e., for 2012 
and 2013 only) to allow the EPA time to fully evaluate concerns 
recently raised by stakeholders regarding reporting, and subsequent EPA 
release, of certain emission data.
    As explained above, we have concluded that it is appropriate to 
have these amendments to subpart A, Table A-7 and subparts TT and W 
apply to the 2011 reporting year, for which reporting occurs on 
September 28, 2012. 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-
0147-0041).

E. How do these amendments affect confidentiality determinations?

    The amendments in this action do not affect the confidentiality 
determinations for subpart A data elements finalized in the 
``Confidentiality Determinations for Data Required Under the Mandatory 
Greenhouse Gas Reporting Rule and Amendments to Special Rules Governing 
Certain Information Obtained Under the Clean Air Act,'' \4\ 
(hereinafter referred to as the ``2011 Final CBI rule'') or the 
proposed determinations for subparts W,\5\ L,\6\ and TT.\7\ In this 
notice, we are also finalizing confidentiality determinations for the 
four new subpart L data elements also added in this rule. The 
confidentiality determinations for these new data elements together 
with

[[Page 51481]]

our rationale are discussed in Section II.D.1 of this preamble.
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    \4\ See 75 FR 30782, May 26, 2011.
    \5\ See 77 FR 11039, February 24, 2012.
    \6\ See 77 FR 1434, January 10, 2012.
    \7\ See 75 FR 30782, May 26, 2011 for final confidentiality 
determination for subpart TT. See 77 FR 1434, January 10, 2012 for 
proposed confidentiality determinations for new subpart TT data 
elements added by the December 2011 technical corrections final rule 
subsequent to the final confidentiality determinations made in 75 FR 
30782. For the final determinations for the new subpart TT data 
elements, see the recently signed action titled Final 
Confidentiality Determinations For Nine Subparts and Amendments to 
Subparts A and I Under the Mandatory Reporting of Greenhouse Gases 
Rule.
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    This rule does not include confidentiality determinations for 
subparts A, W, and TT. For the subpart A amendments, we are not making 
any confidentiality determinations because the data element being added 
is a subset of another data element in subpart I for which we have 
already proposed a CBI determination. Additionally, we are not making 
any confidentiality determination at this time for the subpart L data 
element added to Table A-7 of subpart A to defer the deadline for 
reporting until 2015. For subpart W, in addition to deleting an 
existing data element, the amendments in this action make only minor 
clarifications to the existing reporting requirements in that subpart, 
which do not change the type of data to be reported. Therefore, there 
is no change to the proposed confidentiality determinations for the 
data elements in that subpart. There are no amendments to the reporting 
requirements for subpart TT.

II. Final Amendments and Responses to Public Comments

    In this action, the EPA is amending several provisions in subparts 
A, TT, W, and L of 40 CFR part 98 to provide greater clarity and 
flexibility. The amendments are listed in this section by subpart, 
followed by a more detailed summary of the final amendments to the 
various provisions and the EPA's responses to major comments submitted 
on those amendments. We indicate where an amendment is being finalized 
as proposed and where an amendment differs from that which was proposed 
in the 2012 Technical Corrections Proposal. For additional comments and 
EPA's response to those comments please see the comment response 
document available in Docket ID No. EPA-HQ-OAR-2011-0147.

A. Subpart A--General Provisions

1. Summary of Final Amendments
    As proposed, this action amends the general reporting requirements 
of 40 CFR 98.3(c)(4) of subpart A, which 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). In addition to the 
proposed amendments to 98.3(c)(4), EPA has included one additional edit 
to 40 CFR 98.3(c)(4) that did not appear in the proposal. This 
additional amendment adds the text ``and each fluorinated heat transfer 
fluid (as defined in Sec.  98.98)'' to the introductory sentence of 40 
CFR 98.3(c)(4). Although this edit was not proposed in the 2012 
Technical Corrections Proposal, it is being added as a clarifying 
change to the regulatory language. EPA has determined that this 
additional edit does not substantively change the amendments that were 
proposed and is administrative in nature. The amendment to subpart A 
that was proposed in the 2012 Technical Corrections proposal specifies 
that facilities subject to subpart I must include all fluorinated HTFs 
listed in Table A-1 of subpart A in the computation of CO2e 
that is required by 40 CFR 98.3(c)(4)(i). Specifically, 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 new data element, 40 CFR 98.3(c)(4)(iii)(F). This change, 
effective for reporting year 2012, conforms with the amendments to 
reporting requirements for heat transfer fluids (fluorinated HTFs) that 
were published on February 22, 2012 (77 FR 10373). This change 
simplifies reporting for facilities and reduces burden by amending 
subpart A to be consistent with the requirements in subpart I. Given 
that facilities are already required to calculate emissions of 
fluorinated HTFs under subpart I, reporters already have the necessary 
data to comply with the final rule amendments.
    As proposed in the 2012 Technical Corrections Proposal, we are also 
amending Table A-7 to subpart A to add a subpart L data element used as 
an input to an emission equation (Equation L-6) that was inadvertently 
omitted in the final deferral rule. Table A-7 to subpart A lists the 
inputs to emission equations whose reporting deadlines have been 
deferred until March 31, 2015. Table A-7 to subpart A is amended to 
include the data element, ``the mass of each fluorine-containing 
product produced by the process'' (40 CFR 98.126(b)(7)); as is already 
the case with all other subpart L data elements assigned to the inputs 
to equations data category, this change defers the reporting deadline 
for this data element until March 31, 2015.
2. Summary of Comments and Responses
    We received no comments on the proposed amendments to subpart A.

B. Subpart TT--Industrial Waste Landfills

1. Summary of Final Amendments
    As proposed, we are amending subpart TT to exempt industrial waste 
landfills that receive only inert materials from reporting under this 
subpart. As discussed in the preamble to the proposed rule (77 FR 
29935, May 21, 2012), this amendment ensures that landfills that are 
not expected to emit GHGs are excluded from reporting under this 
subpart. Specifically, we are adding, as proposed, a degradable organic 
content (DOC) value exclusion (provided in weight percent on a wet 
basis) as 40 CFR 98.460(c)(2)(xiii).
2. Summary of Comments and Responses
    We received two comments on the proposed amendment to subpart TT. 
Both comments supported EPA's proposed amendments.
    This section contains a brief summary of one of the comments 
received on the proposed changes to subpart TT and our response. 
Additional comments and responses thereto can be found in the document, 
``Response to Comments: 2012 Technical Corrections, Clarifying and 
Other Amendments of the Mandatory Reporting of Greenhouse Gases Rule, 
and Confidentiality Determinations for Certain Data Elements of the 
Fluorinated Gas Source Category'' (see EPA-HQ-OAR-2011-0147).
    Comment: One commenter requested clarification on the number of 
test results from the use of the anaerobic biodegradation test that are 
required to determine whether or not a facility meets the definition of 
the source category under this subpart.
    Response: One representative sample must be taken and tested using 
an anaerobic biodegradation test in order to determine if a waste 
stream is inert and therefore the landfill is exempted from reporting 
under 40 CFR 98.460(c)(2)(xiii). This is consistent with the number of 
samples required for determining an exemption using the volatile solids 
concentration under 40 CFR 98.460(c)(2)(xii). The EPA agrees that a 
clarification is needed because Part 98 currently does not specify the 
number of samples necessary to determine whether the exemption applies. 
Therefore, we have added text to 40 CFR 98.464(b) to provide this 
clarification. The EPA notes that while only one representative sample 
must be taken from each waste stream to be tested, the anaerobic 
biodegradation test must be performed according to the steps described 
in 40 CFR 98.464(b)(i), which requires multiple waste samples to be 
tested. Therefore, if only one representative sample is taken from a 
waste stream, the sample taken must be of sufficient size to be 
subdivided and tested according to the requirements in 40 CFR 
98.464(b)(i).

[[Page 51482]]

C. Subpart W--Petroleum and Natural Gas Systems

1. Summary of Final Amendments
    The EPA is finalizing several technical corrections and amendments 
to subpart W as proposed in the 2012 Technical Corrections Proposal 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. The EPA is 
finalizing the following technical corrections and amendments as 
proposed:

     Removing a factor of 1,000 from the denominator of 
Equation W-6 in 40 CFR 98.233(e)(5) so that the emissions are 
calculated in standard cubic feet rather than thousand standard 
cubic feet.
     Providing 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.
     Changing the parameter ``FRp'' to ``FR'' in Equation W-
7 in 40 CFR 98.233(f)(1) to avoid confusion.
     Amending the parameter ``Tp'' and its definition in 
Equation W-7 to clarify that it refers to the cumulative amount of 
time in hours of venting for each well as opposed to the time for 
the measured well(s).
     Revising the definition of parameter ``SPp'' in 
Equation W-8 in 40 CFR 98.233(f)(2) to clarify that the reporter 
must take a ratio of casing to tubing pressure.
     Updating Equation W-8 and also Equation W-9 in 40 CFR 
98.233(f)(2) and (f)(3) by replacing the subscript ``q'' with ``p'' 
in parameter ``SFR'' to match the definition of parameter ``SFRp.''
     Clarifying that the terms ``Vp'' and ``HRp,q'' in 
Equations W-8 and W-9 are to be monitored per unloading event.
     Clarifying that Calculation Methodology 3 applies to 
well venting, not ``each'' well venting and that parameter ``W'' in 
Equation W-9 is the total number of wells with plunger lift assist.
     Revising the term ``backflow'' to read ``flowback'' in 
40 CFR 98.233(g) and (g)(1).
     Adding subscript ``s'' to several parameters in 
Equations W-10A and W-10B to clarify that these parameters are at 
standard conditions.
     Clarifying that the flow volume variable ``FVs,p'' in 
Equation W-10B is at standard cubic feet.
     Clarifying that the outputs of Equations W-11A and W-
11B are at actual conditions by inserting the word ``actual'' in the 
definition of flow rate, ``FR,'' and also adding a subscript ``a'' 
to denote inputs at actual conditions.
     Adding a reference to Equation W-12 in 40 CFR 
98.233(g)(1)(iii) in the parameter definition ``FRs,p'' to convert 
``FRa'' to standard conditions.
     In Equations W-11A and W-11B, clarifying the definition 
of orifice cross sectional area, ``A'' to state ``Cross sectional 
open area of the restriction orifice (m\2\).'' (Adding the terms 
``open'' and ``the restriction.'')
     Providing 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).
     Amending Equation W-13 to clarify that the output is a 
sum of emissions from all completions and workovers without 
hydraulic fracturing within a sub-basin.
     Revising parameter ``Es,n'' in the parameter 
description to match the letter case of the term in Equation W-14B, 
revising the term ``Ta'' to ``Ta,p'' in Equation W-14B, and 
clarifying that the temperature is for each blowdown ``p.''
     Revising 40 CFR 98.233(j)(5) to clarify that the term 
``throughput'' refers to ``average daily throughput of oil.''
     Revising the definition of ``Count'' in Equation W-15 
of 40 CFR 98.233(j)(5) to clarify that the reporters are to count 
only the separators or wells that feed oil directly to the storage 
tank.
     Revising the parameter definition of ``1000'' to 
accurately describe the conversion occurring through this parameter.
     Revising 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.
     Removing and reserving 40 CFR 98.233(n)(7) to harmonize 
the language with the reporting requirements in 40 CFR 98.236.
     Providing the proper notation for the summations in 
Equations W-23, W-24, W-27, and W-28 so that owners and operators 
may correctly calculate GHG emissions from centrifugal and 
reciprocating compressors.
     Amending 40 CFR 98.233(o)(7) to remove the word 
``thousand'' in parameter ``EFi'' in Equation W-25.
     Revising the definition of parameter EFi in Equation W-
25 in 40 CFR 98.233(o)(7) by deleting the term ``thousand.''
     Amending an incorrect reference in 40 CFR 98.233(r)(2) 
to ``Table W-1A'' instead of ``Table 1-A.''
     Revising the phrase ``meter or regulator'' in 40 CFR 
98.233(r)(6)(ii) and replacing it with ``meter/regulator.''
     Revising 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.
     Revising the definition of parameter ``[rho]i'' in 
Equation W-36 to amend the density value of CH4 to be 
0.0192 kg/ft3. Replacing 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.
     Revising the definition of ``HHV'' in Equation W-40 in 
40 CFR 98.233(z)(2)(vi) to reflect the ``higher'' heating value 
represented by the acronym.
     Amending 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.
     Amending 40 CFR 98.236(c)(9) to remove reference to the 
optical gas imaging instrument.
     Amending 40 CFR 98.236(c)(13)(iii)(C) 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.
     Updating the incorrect reference to ``Equation W-30'' 
in 40 CFR 98.236(c)(15)(i)(B) to read ``Equation W-30A,'' updating 
the incorrect reference to ``Equation W-30'' in 40 CFR 
98.236(c)(15)(i)(C) to read ``Equation W-30A,'' and deleting the 
unnecessary reference to ``parameter GHGi'' in 40 CFR 
98.236(c)(15)(i)(C).
     Removing the text references to ``(a)(4)'' and ``W-3'' 
in 40 CFR 98.236(c)(15)(ii)(A) by deleting the unnecessary 
references to ``(a)(8).''
     Deleting ``and CH4'' from the reporting requirements 
for EOR injection pumps in 40 CFR 98.236(c)(17)(v) to make the data 
reporting requirements consistent with the calculation procedures in 
Equation W-37.
     Revising the incorrect title of Table W-1A of subpart W 
by deleting ``Table A-1A'' and correcting it to ``Table W-1A.''
     Correcting the emission factors in Table W-1A of 
subpart W as proposed.
     Amending Table W-5 of subpart W to provide the cross-
reference for footnote 2, by adding a reference associated with 
footnote 2 to Vapor Recovery Compressor.

    In addition to finalizing the amendments proposed in the 2012 
Technical Corrections Proposal, the EPA is finalizing several 
additional corrections to address areas where further clarifications to 
the subpart W were considered appropriate based on comments received on 
the 2012 Technical Corrections Proposal:

     Removing the factors 365 days and ``T'' from Equation 
W-6 of subpart W and adding a new factor ``N'' for the number of 
dehydrator openings in the calendar year.
     Correcting the definition of parameter ``SPp'' in 
Equations W-8 to state that casing pressure is to be measured for 
wells with no packer, as opposed to taking the shut-in pressure or 
surface pressure measurement for wells with no packers.
     Correcting the definition of the term ``PRs,p'' in 
Equation W-10A to remove the phrase ``under actual conditions, 
converted to standard conditions.''
     Correcting the definition of the terms ``SGs,p'' and 
``EnFs,p'' in Equation W-10A to include omitted subscripts in the 
parameter references.
     Correcting the definition of the term ``W'' in Equation 
W-12 by replacing the word ``formation'' with ``combination.''
     Amending 40 CFR 98.233(o)(5), (o)(6), (o)(7), (p)(7), 
and (p)(7)(i) to clarify that the annual emissions must be estimated 
for each compressor for each mode-source combination measured in the 
reporting year.
     Correcting the definitions of the terms ``Es,n'' and 
``Ea,n'' in Equation W-33 by deleting the parentheses around the 
terms ``FRs,p'' and ``FRa,p'', respectively.
     Amending 40 CFR 98.236(c)(6), (c)(13)(i)(G), 
(c)(13)(ii)(C), (c)(13)(iii)(C),

[[Page 51483]]

(c)(13)(iv), (c)(13)(v)(B), (c)(14)(i)(C), (c)(14)(ii)(C), 
(c)(14)(iii)(C), (c)(14)(iv), and (c)(14)(v)(B) to clarify emission 
reporting requirements for compressors.

    Since the amendments to subpart W finalized in this action do not 
change the type of information that must be collected, the methods used 
to collect the data, or materially affect how the emissions are 
calculated, we are requiring reporters to implement the amendments 
finalized in this action for the September 28, 2012 reporting deadline.
2. Summary of Comments and Responses
    This section contains a brief summary of comments on the proposed 
changes to subpart W and responses. Additional comments and responses 
thereto can be found in the document, ``Response to Comments: 2012 
Technical Corrections, Clarifying and Other Amendments of the Mandatory 
Reporting of Greenhouse Gases Rule, and Confidentiality Determinations 
for Certain Data Elements of the Fluorinated Gas Source Category'' (see 
EPA-HQ-OAR-2011-0147).
    The EPA received several comments on the 2012 Technical Corrections 
Proposal that the EPA has determined to be out of the scope of this 
rulemaking. These comments were diverse in nature, and covered several 
provisions within subpart W. Some of the comments were more technical 
in nature, for example, one comment included a revised definition of 
parameter ``Tp'' of Equation W-7 to allow for reporters to use 
alternative methods such as engineering estimates based on best 
available data to determine the cumulative amount of time in hours of 
venting for specific wells. Other comments included more substantive 
revisions and clarifications to the final provisions, for example 
several comments were submitted on the monitoring provisions for both 
centrifugal and reciprocating compressors and included revisions to 
equation parameters and definitions and address concerns previously 
raised by reporters. Also, by way of a third example, some of the 
comments submitted were requests for clarification on the final 
provisions, for example, one comment included a request for 
clarification on the requirement in 40 CFR 98.236 for reporting of 
``annual throughput as determined by engineering estimate based on best 
available data.'' The EPA has reviewed these comments, and although 
these comments are out of the scope of the 2012 Technical Corrections 
proposal, the EPA is considering ways to address these comments 
including possible future rulemakings or development of materials to 
post on EPA's subpart W Web site.
    Comment: One commenter recommended that Equation W-6 be amended to 
account for situations where desiccant dehydrator molecular sieves are 
used. The commenter further stated that this change was necessary 
because natural gas processors commonly use desiccant dehydrator 
molecular sieves which typically only require the dehydrator to be 
opened to the atmosphere once every 3 or 4 years when the molecular 
sieves are replaced. The commenter noted that the proposed Equation W-6 
accounts for the number of dehydrator vessel openings by dividing 365 
days per year by the number of days ``T'' between refilling. The 
commenter recommended revising Equation W-6 by removing both the 365 
day factor in the numerator and the variable ``T'' in the denominator 
and adding a new term ``N'' (number of dehydrator change-outs per year) 
to the numerator.
    Response: The EPA has reviewed the commenter's suggested change to 
Equation W-6 to account for situations where desiccant dehydrator 
molecular sieves are used in desiccant dehydrators such that the 
equation will accurately adjust for the number of times the dehydrator 
vessel is opened to the atmosphere when it may occur less frequently 
than once per year. While the revision that EPA proposed in the 2012 
Technical Corrections Proposal included a proposed amendment to 
Equation W-6 separate from what the commenter suggested, we agree that 
Equation W-6 can be amended as noted by the commenter to adjust for 
dehydrator vessels that are opened once over a multiple year time 
period. In these cases where vessels are opened less frequently than 
once per year, using Equation W-6 as written in the final subpart W 
rule would result in an inaccurate estimate of emissions. Therefore, we 
have amended Equation W-6 of subpart W as recommended by the commenter. 
EPA believes that finalizing this technical correction does not change 
the type of information collected by reporters who would use this 
equation, and that it is feasible to implement this correction for the 
2011 reporting year.
    Comment: Two commenters expressed support for EPA's proposed 
technical corrections to Equations W-23, W-24, W-27, and W-28. However, 
two commenters further noted that even though the 2012 Technical 
Corrections Proposal correctly proposed removing the summation terms in 
Equations W-23, W-24, W-27 and W-28, the equations for calculating 
emissions from centrifugal compressors (Equations W-23 and W-24) and 
reciprocating compressors (Equations W-27 and W-28) were still 
incomplete because either the parameters or the definitions of those 
parameters did not fully align with the proposed technical amendments. 
Commenters recommended either revising the parameter definition for 
``Es,i'' or including a definition for the operator ``m'' in 
the equation definitions for Equation W-23 and W-27. Commenters also 
recommended including a definition for the parameter 
``MTm,p'' in Equation W-24 and W-28.
    Response: In the 2012 Technical Corrections Proposal, the EPA 
proposed to make corrections, though few, to Equations W-23, W-24, W-27 
and W-28 so that owners and operators would correctly calculate GHG 
emissions using those equations. In this action, the EPA is finalizing 
the amendments to both the centrifugal compressor and reciprocating 
compressor emission sources as proposed in the 2012 Technical 
Corrections Proposal. In response to those comments, the EPA is 
finalizing a limited set of additional corrections for both the 
centrifugal and reciprocating compressor emission sources. 
Specifically, in Equations W-23 and W-27, the EPA has finalized a 
correction to the definition for parameter ``Es,i'' such 
that the proposed amendments in the 2012 Technical Corrections Rule 
would correctly align with the proposed amendment to remove the 
erroneous summation sign from these equations. EPA has reviewed the 
comments submitted, and in this action is revising the definition for 
parameter ``Es,i'' in Equations W-23 and W-27, by adding the 
subscript ``m'' so the parameter now reads ``Es,i,m''. EPA 
has also revised the parameter definition to clarify that the annual 
volumetric GHG emissions are to be calculated for each centrifugal 
compressor (for Equation W-23) and for each reciprocating compressor 
(Equation W-27) for each of the mode-source combination in cubic feet. 
Similarly, for Equations W-24 and W-28 the EPA has revised the 
definition for parameters ``MTm,p'' and ``m'' in response to 
comments received on the 2012 Technical Corrections proposed rule. The 
definition for parameter ``MTm,p'' has been clarified to 
state that this parameter refers to the flow measurement from all 
compressor sources in each mode-source combination in standard cubic 
feet per hour, and the definition for parameter

[[Page 51484]]

``m'' has been clarified to state that this parameter refers to each 
compressor mode-source combination.
    Comment: One commenter agreed with the proposed change to 40 CFR 
98.236(c)(13)(iii)(C) to correct the units for the centrifugal 
compressor emission source to be reported in units of mass as opposed 
to units of cubic feet per hour. This same commenter further noted that 
EPA should also apply a correction to the data reporting requirements 
for other provisions in 40 CFR 98.236(c)(13) and (c)(14) such that data 
from these two emissions sources, centrifugal compressors and 
reciprocating compressors would be reported consistently on a mass unit 
basis. The commenter also noted that the references to the equations in 
40 CFR 98.233 that are cited in the data reporting requirements for 40 
CFR 98.236(c)(13) and (14) should be removed.
    Response: In the 2012 Technical Corrections Proposal, the EPA 
proposed a correction to the reporting units for centrifugal 
compressors such that the data would be reported in mass units for 
carbon dioxide equivalent instead of units of cubic feet per minute. 
EPA agrees with the commenters and has corrected the units for the 
applicable provisions in 40 CFR 98.236(c)(13) and (14) such that the 
data will be reported consistently on a mass basis. The EPA recognizes 
that corrections to the units to the data reporting requirements in 40 
CFR 98.236(c)(13) and (14) were not proposed in the 2012 Technical 
Corrections Proposal; however, the EPA believes that applying the 
correction proposed in the 2012 Technical Corrections Proposal 
throughout the data reporting requirements for these emission sources 
would be logical, and would also assist reporters in submitting the 
data. Subpart W reporters are required to submit their data to the EPA 
by September 28, 2012 for data collected in 2011. Because these reports 
are being submitted for the first time, the EPA considers this 
amendment necessary to ensure that the units for these data reporting 
requirements are consistent. Further, the EPA believes that this change 
is a technical correction that is logical in nature to apply to similar 
provisions for these two emission sources. Further, EPA believes that 
this change would result in less burden on reporters. Lastly, in line 
with the commenters suggestion to remove the 40 CFR 98.233 equation 
references found within specific data elements in 40 CFR 98.236(c)(13) 
and (14), EPA has agreed with the commenter and in this action has 
removed the 40 CFR 98.233 equation references from the following data 
reporting elements, 40 CFR 98.236(c)(13)(i)(G), 98.236(c)(13)(ii)(C), 
98.236(c)(13)(iii)(C), 98.236(c)(14)(i)(C), 98.236(c)(14)(ii)(C), 
98.236(c)(14)(iii)(C), and 98.236(c)(14)(iv).
    Comment: One commenter questioned the proposed amendments to the 
population emission factors in Table W-1A of subpart W. This commenter 
specifically questioned why the EPA increased the emission factors for 
valves, flanges, connectors, open-ended lines, and ``other'' components 
as listed in Table W-1A to Subpart W. The commenter further noted that 
the values previously included in Table W-1A were close to the 
commenter's estimates when rounded up. Finally, the commenter 
recommended EPA not revise the Table W-1A emission factors for valves, 
flanges, connectors, open-ended lines, and ``other'' components.
    Response: The EPA disagrees with the commenter that the Table W-1A 
population emission factors should not be revised. In the December 2011 
technical corrections final rule (76 FR 80592), the emission factors 
were converted from a standard temperature of 68[emsp14][deg]F to a 
standard temperature of 60[emsp14][deg]F. In the December 2011 Final 
Rule, the EPA inadvertently used an incorrect intermediary version of 
Table W-1A to convert the emission factors, including the emission 
factors for the components noted by the commenter. The emission factors 
proposed in the 2012 Technical Corrections for Table W-1A show the 
emission factors correctly adjusted to a standard temperature of 60 
[deg]F. In this action, EPA is finalizing the emission factors in Table 
W-1A as proposed in the 2012 Technical Corrections Proposal.
    Comment: One commenter stated that Equation W-14A contains an error 
in the purge factor that causes the equation to yield erroneous 
results. The commenter further stated that because the volume being 
purged is converted from actual cubic feet to standard cubic feet, 
inconsistent units were being subtracted, (i.e. standard cubic feet 
purged and actual cubic feet ``purge factor'') in Equation W-14A. The 
commenter also stated that the inconsistency would result in a negative 
number if the volume of the purged item in standard cubic feet was less 
than that of actual cubic feet, (i.e. actual conditions are hotter or a 
lower pressure than standard conditions). Finally, the commenter stated 
that if the item is not being purged, the commenter believes the 
calculation should not be used, as there would be no GHG emissions from 
the blowdown stack.
    Response: The EPA agrees with the commenter that the natural gas 
remaining in the unique physical volume after the blowdown is complete 
without purging is at actual conditions. However, after a blowdown, 
``actual conditions'' are essentially equivalent to atmospheric 
conditions, or standard conditions (as a simplifying assumption 
explained further below).
    Equation W-14A calculates the volume of natural gas emitted from 
blowdowns. When equipment is depressurized, the gas contained in the 
unique volume expands as it goes from actual conditions (process 
pressure and temperature) to standard conditions (i.e., atmospheric 
pressure and temperature). Equation W-14A accounts for this physical 
change. After expansion (i.e., venting), some gas will remain in the 
equipment or unique physical volume if the equipment is not purged. 
This unvented gas should be subtracted from the volume of expanded gas. 
If the remaining gas in the equipment is purged, then the purge factor 
in Equation W-14A equals zero and nothing will be subtracted from the 
emissions calculated earlier in the equation as all of the expanded gas 
volume has been emitted to the atmosphere. If the remaining gas is not 
purged, then the purge factor equals one and the unique physical volume 
will be subtracted as it was not vented and released to the atmosphere. 
There are several simplifying assumptions in the equation to facilitate 
its use. It is assumed that the process temperature and/or pressure are 
significantly different than standard conditions. It is also assumed 
that the equipment is fully vented to the atmosphere, resulting in the 
final condition of the gas being at atmospheric temperature and 
pressure. It is also assumed that the atmospheric temperature and 
pressure are not significantly different than standard conditions. 
These simplifying assumptions are true in a majority, if not all cases.

D. Subpart L--Fluorinated Gas Production

1. Summary of Final Amendments and Confidentiality Determinations
    Final amendments. As explained in Section I.D of this preamble, the 
EPA is deferring detailed reporting of GHG emissions from fluorinated 
gas production facilities until 2014 in today's final rule. In the 
meantime, the EPA is requiring that GHG emissions be reported in a more 
aggregated manner than previously required for the initial two years of 
reporting under subpart L. These changes pertain only to subpart L, and 
are temporary (i.e., for reporting in 2012 and 2013) to allow the EPA

[[Page 51485]]

sufficient time to fully evaluate concerns raised by stakeholders that 
reporting, and subsequent EPA release, of certain emissions would 
reveal trade secrets.
    For reporting in 2012 and 2013, we are requiring owners and 
operators of facilities producing fluorinated gases to report annual 
total facility-wide fluorinated GHG emissions from 2011 and 2012 
respectively in tons of CO2e.\8\ The facilities are not 
required to report process level emissions or individual fluorinated 
GHGs in 2012 and 2013. These amendments do not change any other 
requirements of Part 98 or affect the deferral of the reporting 
deadline for subpart L data elements used as inputs to emission 
equations until March 31, 2015 (76 FR 53057, August 25, 2011). These 
amendments do not change the requirement that these subpart L data 
elements in today's final rule 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)).
---------------------------------------------------------------------------

    \8\ 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.
---------------------------------------------------------------------------

    As proposed, this final rule provides that owners and operators of 
facilities producing fluorinated gases are not required to submit the 
data elements listed below until March 31, 2014:
     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).
    Fluorinated gas producers subject to subpart L are required to 
report only the data elements in 40 CFR 98.126(a)(5) (the methods used) 
and in paragraph 40 CFR 98.126(j) (facility-level CO2e 
emissions) for reporting of 2011 and 2012 emissions in 2012 and 2013. 
Consistent with 40 CFR 98.126(e), a facility must include any 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 do not need to be reported separately, but must be 
included in the facility-wide CO2e reported. In this action, 
we have also amended 98.126(a)(5) as proposed to require facilities to 
report the methods used to determine emissions at a facility level 
rather than linking each method to a particular process.
    The EPA requires that facilities use Equation A-1 of subpart A to 
calculate CO2e from the mass of fluorinated GHG emissions. 
For fluorinated GHGs that do not have a global warming potential (GWP) 
listed in Table A-1, facilities are required to use either a default 
GWP or their best estimate of the GWP, based on the information 
described in 40 CFR 98.123(c)(1)(vi)(A)(3).\9\ As discussed further in 
Section II.D.2 of this preamble, we have clarified that use of 
quantitative structure activity relationships (QSARs), which are based 
on the chemical structure of the compound, is an acceptable method for 
estimating the GWP in situations where neither pure standards of the 
compound nor fourier transform infrared spectroscopy (FTIR) spectra for 
the chemicals mixed with the compound (i.e., impurities) are available.
---------------------------------------------------------------------------

    \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 requiring approval of best-estimate GWPs 
in this action.
---------------------------------------------------------------------------

    As proposed, the default GWP used depends on the type of 
fluorinated GHG. For fully fluorinated GHGs, the default GWP is 10,000, 
which is based on the average GWP of the fully fluorinated GHGs in 
Table A-1 of subpart A. For the purposes of subpart L, the EPA is 
finalizing as proposed the addition of the definition of ``fully 
fluorinated GHGs'' to 40 CFR 98.128: ``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.'' As 
proposed, for other fluorinated GHGs, the default GWP is 2,000, which 
is based on the average GWP of the other fluorinated GHGs on Table A-1 
of subpart A.
    As proposed, we are adding four new data elements to the subpart L 
reporting requirements. Facilities that use one or more default or 
best-estimate GWPs are required to report the amounts of 
CO2e emissions that were calculated using each of the two 
default values as well as using best-estimate GWPs. This enables the 
EPA to understand the potential impact of the default or best-estimate 
GWPs on the uncertainty of the overall estimated emissions of the 
facility. (Default and best-estimate GWPs are likely to have higher 
uncertainties than GWPs from Table A-1.) Also as proposed, facilities 
using default or best-estimate GWPs for fluorinated GHGs without GWPs 
in Table A-1 of subpart A are required to keep records of the GWP they 
used for each GHG. As proposed, facilities using best-estimate GWPs are 
also required to keep records of the data and analysis that were used 
to develop the GWPs, in a form that is suitable for expeditious 
inspection and review (required for all Part 98 records by 40 CFR 
98.3(g)). As discussed further in Section II.D.2 of this preamble, we 
are updating the proposed recordkeeping requirement to specify that 
where QSARs are used to estimate GWPs, facilities must retain 
information related to the reliability of GWPs based on the QSARs.
    Final Confidentiality Determinations. We are finalizing the 
confidentiality determinations for the four new subpart L data elements 
(listed in Table 2 of this preamble) as proposed. In the proposal, we 
assigned these four data elements to the ``Emissions'' data category 
because they describe emissions exhausted to the atmosphere, and apply 
to these data elements the categorical confidentiality determination 
the EPA made in the 2011 Final CBI rule for that data category, i.e., 
the data elements in this data category are ``emission data'' under CAA 
section 114(c) and 40 CFR 2.301(a)(2)(i). We received no comments on 
our proposed category assignment and confidentiality determination 
described above. We are therefore finalizing the determination that 
these data elements are ``emission data,'' which are not eligible for 
confidential treatment under section 114(c) of the CAA.-

[[Page 51486]]

                       Table 2--Reporting Data Elements and Confidentiality Determinations
----------------------------------------------------------------------------------------------------------------
                                                                                        Data category (finalized
                                           Citation               Data element          CBI determination \10\)
----------------------------------------------------------------------------------------------------------------
1.................................  98.126(j)(3).........  You must report the total   Emissions (Emission Data:
                                                            fluorinated GHG emissions   Made available to the
                                                            of the facility,            public).
                                                            expressed in tons of CO2e.
2.................................  98.126(j)(3)(ii).....  Provide the total annual    Emissions (Emission Data:
                                                            emissions across            Made available to the
                                                            fluorinated GHGs for the    public).
                                                            entire facility, in
                                                            metric tons of CO2e, that
                                                            were calculated using the
                                                            default GWP of 2000.
3.................................  98.126(j)(3)(iii)....  Provide the total annual    Emissions (Emission Data:
                                                            emissions across            Made available to the
                                                            fluorinated GHGs for the    public).
                                                            entire facility, in
                                                            metric tons of CO2e, that
                                                            were calculated using the
                                                            default GWP of 10,000.
4.................................  98.126(j)(3)(iv).....  Provide the total annual    Emissions (Emission Data:
                                                            emissions across            Made available to the
                                                            fluorinated GHGs for the    public).
                                                            entire facility, in
                                                            metric tons of CO2e, that
                                                            were calculated using
                                                            your best estimate of the
                                                            GWP.
----------------------------------------------------------------------------------------------------------------

2. Summary of Comments and Responses
---------------------------------------------------------------------------

    \10\ The CBI determinations of these data categories were 
finalized in the 2011 Final CBI Rule (May 26, 2011, 76 FR 30782).
---------------------------------------------------------------------------

    This section contains a brief summary of comments on the proposed 
changes to subpart L and responses.
    Additional comments and responses thereto can be found in the 
document, ``Response to Comments: 2012 Technical Corrections, 
Clarifying and Other Amendments of the Mandatory Reporting of 
Greenhouse Gases Rule, and Confidentiality Determinations for Certain 
Data Elements of the Fluorinated Gas Source Category'' (see EPA-HQ-OAR-
2011-0147).
    Comment: One commenter recommended that 40 CFR 98.126(j) be revised 
to clarify that comparable methods for best-estimate GWPs based on use 
of professional judgment are acceptable if they result in accuracy that 
is comparable to the accuracy associated with the methods described in 
40 CFR 98.123(c)(1)(vi)(A)(3). This commenter stated that measurement 
of the low-pressure gas phase infrared absorption spectrum for a 
particular fluorinated GHG is not possible where neither pure standards 
of the ``target'' fluorinated GHG nor FTIR spectra for the impurities 
are available. In such circumstances, the commenter recommended the EPA 
allow reporters to use quantitative structure activity relationships 
(QSARs) that mathematically relate the radiative forcing and/or 
atmospheric lifetime (i.e., reaction rate) of a compound to the 
chemical's structure (i.e., type of compound, number of carbon-halogen 
bonds, etc.). The commenter believes that QSARs are a valid approach 
for obtaining a ``best estimate'' of GWP in situations where infrared 
spectroscopy cannot be used and that this approach is consistent with 
the methods that are described in 40 CFR 98.123(c)(1)(vi)(A)(3). The 
commenter also stated that comparisons between measured and QSAR-
derived GWPs have shown that the uncertainty associated with QSAR-
derived estimates of radiative forcing is between 18 to 23 percent and 
that the uncertainty associated with QSAR-derived estimates of the 
atmospheric lifetime is 30 percent on average for a given class of 
compounds. The commenter stated that the overall uncertainty of QSAR-
derived GWPs is a combination of these two uncertainties, but that use 
of a QSAR-based GWP is still more accurate than the default GWPs of 
2,000 or 10,000 provided in the rule.
    Response: The EPA agrees with the commenter that for purposes of 
this rule, use of QSARs is an acceptable alternative method for 
estimating GWPs of fluorinated GHGs that do not have a GWP listed in 
Table A-1 of subpart A. QSARs are based on statistical analysis 
correlating the chemical or biological activity of compounds 
(including, e.g., radiative forcing and reaction rates) with their 
molecular structure and/or properties. The activity of one or more 
compounds is estimated (modeled) based on the activity of compounds 
with similar structures. The accuracy of QSAR-derived estimates depends 
on the structural similarity between the ``target'' compound and the 
group of compounds (often called ``analogs'') used to model it and on 
the quantity and quality of the measurements of the activity of the 
analogs, among other factors. We are finding use of QSARs acceptable 
for purposes of this rule because they can provide reasonable estimates 
of the likely radiative forcing \11\ and lifetime of the compound, 
which is what the provisions described at 40 CFR 98.123(c)(1)(vi)(A)(3) 
are intended to ensure.
---------------------------------------------------------------------------

    \11\ Note that the actual radiative forcing also depends on 
other variables, such as whether or not the gas is sufficiently 
long-lived to become well-mixed in the atmosphere.
---------------------------------------------------------------------------

    As requested by the commenter, we have revised 40 CFR 98.126(j) to 
specify that the use of QSARs for determining GWPs is an acceptable 
method for situations where the infrared spectrum of a fluorinated GHG 
cannot be measured because neither pure standards of the ``target'' 
fluorinated GHG nor FTIR spectra for the impurities are available. In 
addition, we have revised the proposed recordkeeping requirements at 40 
CFR 98.127 to require retention of information related to the 
reliability of GWPs based on QSARs. This includes information on how 
the structure of the ``target'' fluorinated GHG is similar to the 
structures of the fluorinated GHGs used to model the radiative forcing 
and/or reaction rate of the ``target'' fluorinated GHG, the quality and 
quantity of the measurements of the radiative forcings and/or reaction 
rates of the fluorinated GHGs used to model these parameters for the 
``target'' fluorinated GHG, any estimated uncertainties of the modeled 
forcings and/or reaction rates, and descriptions and results of any 
efforts to validate the QSAR model(s).
    Although we find the use of QSARs to be acceptable in this 
situation, we disagree with the commenter's recommendation that the 
rule be revised to state that any comparable methods based on use of 
professional judgment are acceptable if they result in accuracy that is 
comparable to the accuracy associated with the methods described in 40 
CFR 98.123(c)(1)(vi)(A)(3). Since the commenter provided no description 
of any other alternative methods, we are unable to assess whether other 
methods based on professional judgment would

[[Page 51487]]

provide an acceptable level of accuracy. Thus, we are not including a 
blanket provision permitting use of comparable methods based on 
professional judgment.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This final rule, which finalizes several corrections to specific 
provisions in subparts A, TT, W, and L to provide greater clarity and 
flexibility to facilities subject to reporting in 2012 and finalizes 
confidentiality determinations for amended subpart L reporting 
requirements, 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

    These final rule amendments and confidentiality determinations do 
not increase the recordkeeping and reporting burden associated with 
Part 98. The amendments to subpart L result in a net decrease in burden 
since they result in less detailed reporting under subpart L than would 
otherwise have been required by the December 2010 subpart L final rule. 
Although we have added new recordkeeping provisions to subpart L, these 
apply only to those facilities electing to use the optional QSAR 
approach to determining GWPs instead of the default factors provided in 
the rule. Additionally, the subpart L confidentiality determinations do 
not impose any additional burden. The subpart A amendment is merely a 
harmonizing change to a technical correction finalized in February 2012 
for subpart I that clarifies the existing reporting requirements. The 
subpart TT amendment excludes some facilities from the reporting 
requirements and reduces the burden by making it easier for facilities 
to determine applicability of subpart TT under the GHG Reporting Rule. 
Finally, the subpart W amendments are technical corrections and 
clarifications that help clarify GHG calculations and reporting and do 
not materially affect the actions facilities must take to comply with 
the rule or add any additional reporting requirements. 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. 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 final rule on small 
entities, a 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-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of these final rule 
amendments on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. These rule amendments and confidentiality determinations will 
not impose any additional burden on small entities beyond that 
currently required by 40 CFR part 98, 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. The EPA is promulgating the amendments in this action to 
provide clarity, add flexibility, to address ambiguity in the rule 
provisions, and to make 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. Specifically, 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)

    This final rule does not contain a Federal mandate that may result 
in expenditures of $100 million or more for state, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
Thus, the final rule amendments and confidentiality determinations for 
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 final 
amendments will not impose any new requirements that are not currently 
required for 40 CFR part 98, and the final rule amendments will 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

    The final rule amendments and confidential determinations to part 
98 do not have federalism implications. They 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. These amendments and confidentiality 
determinations apply directly to facilities that supply certain 
products that would result in GHGs when released, combusted or oxidized 
and facilities that directly emit greenhouse gases. They do not apply 
to governmental entities unless the government entity owns a facility 
that directly emits GHGs above threshold levels, 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.

[[Page 51488]]

    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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule, 
which finalizes several corrections to specific provisions in subparts 
A, TT, W, and L to provide greater clarity and flexibility to 
facilities subject to reporting in 2012 and finalizes confidentiality 
determinations for amended subpart L reporting requirements, will not 
increase the burden associated with the current requirements of 40 CFR 
part 98. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying only to those regulatory actions that concern health 
or safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate health or 
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 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. The final rule 
amendments do not involve technical standards. Therefore, the EPA did 
not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that the final rule amendments and 
confidentiality determinations 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.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This final rule is effective on August 24, 2012, except for the 
amendments to 40 CFR 98.3(c)(4) (the subpart A amendments that affect 
subpart I) and the confidentiality determinations for subpart L, which 
are effective on September 24, 2012.

List of Subjects in 40 CFR Part 98

    Environmental protection, Administrative practice and procedure, 
Greenhouse gases, Suppliers, Reporting and recordkeeping requirements.

    Dated: August 3, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 98--[AMENDED]

0
1. The authority citation for part 98 continues to read as follows:

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

Subpart A--[Amended]

0
2. Amend Sec.  98.3 by:
0
a. Revising paragraphs (c)(4) introductory text, (c)(4)(i), and 
(c)(4)(iii)(E);
0
b. Adding paragraph (c)(4)(iii)(F); and
0
c. Revising paragraph (c)(4)(vi).
0
The additions and revisions read as follows:

Sec.  98.3  What are the general monitoring, reporting, recordkeeping 
and verification requirements of this part?

* * * * *
    (c) * * *
    (4) For facilities, except as otherwise provided in paragraph 
(c)(12) of this section, report annual emissions of CO2, 
CH4, N2O, each fluorinated GHG (as defined in 
Sec.  98.6), and each fluorinated heat transfer fluid (as defined in 
Sec.  98.98) as follows.
    (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 Sec.  98.90), starting in 
reporting year 2012 the CO2e calculation must include each 
fluorinated heat transfer fluid (as defined in Sec.  98.98) whether or 
not it is also a fluorinated GHG.
* * * * *
    (iii) * * *
    (E) Each fluorinated GHG (as defined in Sec.  98.6), including 
those not listed in Table A-1 of this subpart.
    (F) For electronics manufacturing (as defined in Sec.  98.90), each 
fluorinated heat transfer fluid (as defined in Sec.  98.98) that is not 
also a fluorinated GHG as specified under (c)(4)(iii)(E) of this

[[Page 51489]]

section. 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.
* * * * *

0
3. Amend Table A-7 to subpart A of part 98 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
------------------------------------------------------------------------
                                                        Specific data
                                                     elements for which
                                                      reporting date is
                                                       March 31, 2015
                                Rule citation (40    (``All'' means all
           Subpart                CFR part 98)      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
                                                     by-product 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
                                                     by-product that is
                                                     removed from the
                                                     process and
                                                     recaptured.
L...........................  98.126(b)(8)(v).....  All.
L...........................  98.126(b)(9)(i).....  All.
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]

0
4. Amend Sec.  98.126 by:
0
a. Revising paragraphs (a) introductory text and (a)(5); and
0
b. Adding paragraph (j).
    The additions and revisions read as follows:

Sec.  98.126  Data reporting requirements.

    (a) All facilities. In addition to the information required by 
Sec.  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 provided in paragraph (j) 
of this section or in Sec.  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 Sec.  98.3(c)(4)(iii) and Sec.  
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 Sec.  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 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

[[Page 51490]]

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 Sec.  98.2. For 
fluorinated GHGs whose GWPs are not listed in Table A-1 of Subpart A of 
this part, use either the default GWP specified below or your best 
estimate of the GWP based on the information described in Sec.  
98.123(c)(1)(vi)(A)(3). Use of quantitative structure activity 
relationships (QSARs) is an acceptable method for determining GWPs in 
situations where pure standards of the ``target'' fluorinated GHG are 
not available, the ``target'' fluorinated GHG cannot be isolated from 
gas streams, and FTIR spectra for the impurities are not available.
    (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.
    (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.

0
5. Amend Sec.  98.127 by:
0
a. Revising the introductory text.
0
b. Adding paragraph (k).
    The addition and revisions read as follows:

Sec.  98.127  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the dated records specified in paragraphs (a) through (k) of 
this section, as applicable.
* * * * *
    (k) For fluorinated GHGs whose GWPs are not listed in Table A-1 to 
subpart A of this part, maintain records of the GWPs used to calculate 
facility-wide CO2e emissions under Sec.  98.127(j). 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 
Sec.  98.123(c)(1)(vi)(A)(1)through (3). If you have used QSARs to 
estimate the GWP, include information documenting the level of accuracy 
of the QSAR-derived GWP, including information on how the structure of 
the ``target'' fluorinated GHG is similar to the structures of the 
fluorinated GHGs used to model the radiative forcing and/or reaction 
rate of the ``target'' fluorinated GHG, the quality and quantity of the 
measurements of the radiative forcings and/or reaction rates of the 
fluorinated GHGs used to model these parameters for the ``target'' 
fluorinated GHG, any estimated uncertainties of the modeled forcings 
and/or reaction rates, and descriptions and results of any efforts to 
validate the QSAR model(s).

0
6. Amend Sec.  98.128 by adding the definition of ``Fully fluorinated 
GHGs'' in alphabetical order to read as follows:

Sec.  98.128  Definitions.

* * * * *
    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]

0
7. Amend Sec.  98.233 by:
0
a. In paragraph (e)(5), revising Equation W-6 and all of its 
definitions;
0
b. Revising paragraph (f)(1) introductory text, Equation W-7, and the 
definition of parameter ``Tp'' in Equation W-7, removing the 
definition of parameter ``FRp'', and adding in its place the 
definition of parameter ``FR'';
0
c. Revising paragraphs (f)(1)(i) introductory text and (f)(1)(i)(A).
0
d. In paragraph (f)(2), revising Equation W-8 and the definitions of 
parameters ``SPp'', ``Vp'', and 
``HRp,q'' in Equation W-8;
0
e. Revising paragraph (f)(3) introductory text, Equation W-9, and the 
definitions of parameters ``W'', ``Vp'', and 
``HRp,q'' in Equation W-9;
0
f. In paragraph (g), revising Equations W-10A and W-10B, removing the 
definitions of ``FRM'', ``PRp'', ``EnFp'', 
``SGp'', and ``FVp'', and adding in their place 
respectively the definitions of ``FRMs'', 
``PRs,p'', ``EnFs,p'', ``SGs,p'', and 
``FVs,p'';
0
g. Revising paragraph (g)(1) introductory text;
0
h. In paragraph (g)(1)(ii), revising Equations W-11A and W-11B, and the 
definitions of parameter ``A'' in both Equations W-11A and W-11B, and 
removing the definitions of parameter ``FR'' in both Equations W-11A 
and W-11B,, and adding in their place respectively the definitions of 
parameter ``FRa'';
0
i. In paragraph (g)(1)(iii), revising Equation W-12, and all of its 
definitions;
0
j. Revising paragraph (g)(3)(i);
0
k. In paragraph (h), revising the definition of parameter 
``Es,n'' in Equation W-13;
0
l. In paragraph (i)(3), revising the definition of parameter 
``ES,N'' in Equation W-14A, revising Equation W-14B, 
removing the definition of parameter ``Ta'' in Equation W-
14B, and adding in its place the definition of parameter 
``Ta,p'';
0
m. Revising paragraph (j)(5) introductory text and the definition of 
parameters ``Count'' and ``1,000'' in Equation W-15;
0
n. In paragraph (l)(3) introductory text revising the definition of 
parameter ``PR'' in Equation W-17B;
0
o. Removing and reserving paragraph (n)(7);
0
p. In paragraph (o)(5) introductory text, revising Equation W-23, 
removing the definition of parameter ``Es,i'', and adding in 
its place the definition of parameter ``Es,i,m'' .
0
q. In paragraph (o)(6), revising Equation W-24 and the definition of 
parameter ``m'', and removing the definition of parameter 
``MTm'', and adding in its place the definition of parameter 
``MTm,p'';
0
r. In paragraph (o)(7), revising the definition of ``EFi'' 
in Equation W-25;
0
s. In paragraph (p)(7) introductory text, revising Equation W-27, 
removing the definition of parameter ``Es,i'' in Equation W-
27, and adding in its place the definition of parameter 
``Es,i,m'';
0
t. In paragraph (p)(7)(i) introductory text, revising Equation W-28 and 
the definition of parameter ``m'', and removing the definition of 
parameter ``MTm'', and adding in its place the definition of 
parameter ``MTm,p'';
0
u. Revising paragraph (r)(2) introductory text;
0
v. Revising paragraph (r)(6)(ii) introductory text;
0
w. Revising paragraph (t) introductory text, paragraph (t)(1) 
introductory text, and the definition of parameters ``Es,n'' 
and ``Ea,n'' in Equation W-33;

[[Page 51491]]

0
x. In paragraph (v), revising the definition of ``[rho]i'' 
in Equation W-36;
0
y. In paragraph (z)(2)(iii), removing the definition of 
``ECO2'' in Equations W-39A and W-39B, and adding in its 
place the definition of ``Ea,CO2'';
0
z. In paragraph (z)(2)(vi), revising the definition of parameter 
``HHV'' in Equation W-40.
    The addition and revisions read as follows:

Sec.  98.233  Calculating GHG emissions.

* * * * *
    (e) * * *
    (5) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AU12.003
    

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.
N = Number of dehydrator openings in the calendar year.
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 Sec.  98.238 for the definitions of tubing diameter 
group, pressure group, and sub-basin 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 Sec.  
98.234(b). Calculate emissions from well venting for liquids unloading 
using Equation W-7 of this section.
[GRAPHIC] [TIFF OMITTED] TR24AU12.004

* * * * *
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 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) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AU12.005
    
* * * * *
SPp = For each well, p, shut-in pressure or surface 
pressure for wells with tubing production or casing pressure for 
each well with no packers in pounds per square inch absolute (psia); 
or casing-to-tubing pressure ratio of one well with no packer 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.
[GRAPHIC] [TIFF OMITTED] TR24AU12.006

* * * * *
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) * * *

[[Page 51492]]

[GRAPHIC] [TIFF OMITTED] TR24AU12.007

* * * * *
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, 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 reservoir during an energized fracture job for each well p. 
If the fracture process did not inject gas into the reservoir, then 
EnFs,p is 0. If injected gas is CO2 then 
EnFs,p 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, SGs,p 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 Sec.  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.
* * * * *
    (ii) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AU12.008
    

Where:

FRa = Average flow rate in cubic feet per hour, under 
actual subsonic flow conditions.
A = Cross sectional open area of the restriction orifice (m\2\).
* * * * *
[GRAPHIC] [TIFF OMITTED] TR24AU12.009

Where:

FRa = Average flow rate in cubic feet per hour, under 
actual sonic flow conditions.
A = Cross sectional open area of the restriction orifice (m\2\).
* * * * *
    (iii) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AU12.010
    

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 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 sub-basin and 
well type combination.
N = Number of measured or calculated well completions or workovers 
using hydraulic fracturing in a sub-basin and well type combination.
* * * * *
    (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) * * *
* * * * *
Es,n = Annual natural gas venting emissions at standard 
conditions from blowdowns in cubic feet.
* * * * *

[[Page 51493]]

[GRAPHIC] [TIFF OMITTED] TR24AU12.011

* * * * *
Ta,p = Temperature at actual conditions in the unique 
physical volume ([deg]F) 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) * * *
* * * * *
PR = Average annual production rate in actual cubic feet per day for 
the gas well(s) being tested.
* * * * *
    (o) * * *
    (5) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AU12.012
    
* * * * *
Es,i,m = Annual total volumetric GHG emissions at 
standard conditions from each centrifugal compressor for mode-source 
combination m, in cubic feet.
* * * * *
    (6) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AU12.013
    
* * * * *
MTm,p = Flow measurements from all centrifugal compressor 
sources in each mode-source combination, m, for each measured 
compressor, p, in standard cubic feet per hour.
m = Compressor mode-source combination as listed in paragraphs 
(o)(1)(i) through (o)(1)(iii).
* * * * *
    (7) * * *

Where:

EFi = Emission factor for GHGi. Use 1.2 x 
10\7\ standard cubic feet per year per compressor for CH4 
and 5.30 x 10\5\ standard cubic feet per year per compressor for 
CO2 at 60[emsp14][deg]F and 14.7 psia.
* * * * *
    (p) * * *
    (7) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AU12.014
    
* * * * *
Es,i,m = Annual total volumetric GHG emissions at 
standard conditions from each reciprocating compressor for mode-
source combination m, in cubic feet.

    (i) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AU12.015
    
* * * * *
MTm,p = Flow measurements from all reciprocating 
compressor sources in each mode-source combination, m, for each 
measured compressor, p, in standard cubic feet per hour.
m = Compressor mode-source combination as listed in (p)(1) through 
(p)(3).
* * * * *

    (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

[[Page 51494]]

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.
* * * * *
    (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 paragraph 
(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 Sec.  
98.236(c)(16)(xix).
* * * * *
    (t) Volumetric emissions. If equation parameters in Sec.  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 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) * * *
* * * * *

Pi = Density of GHGi. Use 0.0526 kg/ft\3\ for 
CO2 and N2O, and 0.0192 kg/ft\3\ for 
CH4 at 60[deg]F and 14.7 psia.
* * * * *

    (z) * * *
    (2) * * *
    (iii) * * *
* * * * *

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.
* * * * *

0
8. Section 98.236 is amended by:
0
a. Revising paragraph (c)(5)(ii)(D).
0
b. Revising paragraph (c)(9) introductory text.
0
c. Revising paragraphs (c)(13)(i)(G), (c)(13)(ii)(C), (c)(13)(iii)(C), 
(c)(13)(iv), and (c)(13)(v)(B).
0
d. Revising paragraphs (c)(14)(i)(C), (c)(14)(ii)(C), (c)(14)(iii)(C), 
(c)(14)(iv), and (c)(14)(v)(B).
0
e. Revising paragraphs (c)(15)(i)(B), (c)(15)(i)(C), and 
(c)(15)(ii)(A).
0
f. Revising paragraph (c)(17)(v). The revisions read as follows:

Sec.  98.236  Data reporting requirements.

* * * * *
    (c) * * *
    (5) * * *
    (ii) * * *
    (D) Average internal casing diameter, in inches, for all wells, 
where applicable.
* * * * *
    (9) For transmission tank emissions identified in Sec.  98.233(k) 
from scrubber dump valves report the following:
* * * * *
    (13) * * *
    (i) * * *
    (G) Report seal oil degassing vent emissions for compressors 
measured and for compressors not measured in metric tons of 
CO2e for each gas.
    (ii) * * *
    (C) Report blowdown vent emissions when in operating mode in metric 
tons of CO2e for each gas.
    (iii) * * *
    (C) Report the isolation valve leakage emissions in not operating, 
depressurized mode in metric tons of CO2e for each gas.
    (iv) Report total annual compressor emissions from all modes of 
operation in metric tons of CO2e for each gas.
    (v) * * *
    (B) Report annual emissions in metric tons of CO2e for 
each gas (refer to Equation W-25 of Sec.  98.233) collectively.
    (14) * * *
    (i) * * *
    (C) Report rod packing emissions for compressors measured and for 
compressors not measured in metric tons of CO2e for each 
gas.
    (ii) * * *
    (C) Report blowdown vent emissions when in operating and standby 
pressurized modes in metric tons of CO2e for each gas.
    (iii) * * *
    (C) Report isolation valve leakage emissions in not operating, 
depressurized mode in metric tons of CO2e for each gas.
    (iv) Report total annual compressor emissions from all modes of 
operation in metric tons of CO2e for each gas.
    (v) * * *
    (B) Report annual emissions in metric tons of CO2e for 
each gas collectively (refer to Equation W-29 of Sec.  98.233).
    (15) * * *
    (i) * * *
    (B) For onshore natural gas processing, range of concentrations of 
CH4 and CO2 (refer to Equation W-30A of Sec.  
98.233).
    (C) Annual CO2 and CH4 emissions in metric 
tons CO2e for each gas (refer to Equation W-30A of Sec.  
98.233), by component type.
    (ii) * * *
    (A) For source categories Sec.  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.
* * * * *
    (17) * * *
    (v) For each EOR pump, report annual CO2 emissions, 
expressed in metric tons CO2e for each gas.
* * * * *

0
9. Revise Table A-1A of Subpart W of part 98 to read as follows:

[[Page 51495]]

 Table A-1A of Subpart W--Default Whole Gas Emission Factors for Onshore
                  Petroleum and Natural Gas Production
------------------------------------------------------------------------
                                                             Emission
                                                           factor (scf/
      Onshore petroleum and  natural gas production            hour/
                                                            component)
------------------------------------------------------------------------
                              Eastern U.S.
------------------------------------------------------------------------
      Population Emission Factors--All Components, Gas Service \1\
------------------------------------------------------------------------
Valve...................................................          0.027
Connector...............................................          0.003
Open-ended Line.........................................          0.061
Pressure Relief Valve...................................          0.040
Low Continuous Bleed Pneumatic Device Vents \2\.........          1.39
High Continuous Bleed Pneumatic Device Vents \2\........         37.3
Intermittent Bleed Pneumatic Device Vents \2\...........         13.5
Pneumatic Pumps \3\.....................................         13.3
------------------------------------------------------------------------
  Population Emission Factors--All Components, Light Crude Service \4\
------------------------------------------------------------------------
Valve...................................................          0.05
Flange..................................................          0.003
Connector...............................................          0.007
Open-ended Line.........................................          0.05
Pump....................................................          0.01
Other \5\...............................................          0.30
------------------------------------------------------------------------
  Population Emission Factors--All Components, Heavy Crude Service \6\
------------------------------------------------------------------------
Valve...................................................          0.0005
Flange..................................................          0.0009
Connector (other).......................................          0.0003
Open-ended Line.........................................          0.006
Other \5\...............................................          0.003
------------------------------------------------------------------------
                              Western U.S.
------------------------------------------------------------------------
      Population Emission Factors--All Components, Gas Service \1\
------------------------------------------------------------------------
Valve...................................................          0.121
Connector...............................................          0.017
Open-ended Line.........................................          0.031
Pressure Relief Valve...................................          0.193
Low Continuous Bleed Pneumatic Device Vents \2\.........          1.39
High Continuous Bleed Pneumatic Device Vents \2\........         37.3
Intermittent Bleed Pneumatic Device Vents \2\...........         13.5
Pneumatic Pumps \3\.....................................         13.3
------------------------------------------------------------------------
  Population Emission Factors--All Components, Light Crude Service \4\
------------------------------------------------------------------------
Valve...................................................          0.05
Flange..................................................          0.003
Connector (other).......................................          0.007
Open-ended Line.........................................          0.05
Pump....................................................          0.01
Other \5\...............................................          0.30
------------------------------------------------------------------------
  Population Emission Factors--All Components, Heavy Crude Service \6\
------------------------------------------------------------------------
Valve...................................................          0.0005
Flange..................................................          0.0009
Connector (other).......................................          0.0003
Open-ended Line.........................................          0.006
Other \5\...............................................          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[deg]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[deg]API are considered ``heavy
  crude.''

0
10. Amend Table W-5 of Subpart W of part 98 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
------------------------------------------------------------------------
                                                             Emission
                                                           factor (scf/
                       LNG Storage                             hour/
                                                            component)
------------------------------------------------------------------------
 
                                * * * * *
Vapor Recovery Compressor \2\...........................            4.17
 
                                * * * * *
------------------------------------------------------------------------
\2\ Emission Factor is in units of ``scf/hour/device.''

* * * * *

Subpart TT--[Amended]

0
11. Amend Sec.  98.460 by adding paragraph (c)(2)(xiii) to read as 
follows:

Sec.  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 Sec.  
98.464(b)(4)(i)(A).
* * * * *

0
12. Section 98.464(b) is revised to read as follows:

Sec.  98.464  Monitoring and QA/QVC requirements.

* * * * *
    (b) For each waste stream placed in the landfill during the 
reporting year for which you choose to determine volatile solids 
concentration for the purposes of Sec.  98.460(c)(2)(xii) or choose to 
determine a landfill-specific DOCx for use in Equation TT-1 of this 
subpart or for the purposes of Sec.  98.460(c)(2)(xiii) of this 
subpart, you must collect and test a representative sample of that 
waste stream using the methods specified in paragraphs (b)(1) through 
(b)(4) of this section.
* * * * *
[FR Doc. 2012-19957 Filed 8-23-12; 8:45 am]
BILLING CODE 6560-50-P
```