Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 53057 

d. The total aggregate lithium content 

must not exceed 2 g per battery. 

e. The batteries installed in the 

equipment must be protected from 

damage and short circuit. 

f. The equipment must be equipped 

with an effective means of preventing it 

from being turned on or activated. 

g. The equipment must be cushioned 

to prevent movement or damage and be 

contained in a strong enough sealed 

package to prevent crushing of the 

package or exposure of the contents 

during normal handling in the mail. 

135.63 Secondary Lithium-ion 

(Rechargeable) Cells and Batteries. 

Small consumer-type lithium-ion 

cells and batteries like those used to 

power cell phones and laptop 

computers are mailable in a single 

shipment with the following 

restrictions: 

a. The batteries must be installed in 

the equipment being shipped. 

b. Each shipment may contain a 

maximum of four lithium-ion cells or 

two lithium-ion batteries. 

c. The lithium content must not 

exceed 20 Watt-hour rating (Wh) per 

cell. 

d. The total aggregate lithium content 

must not exceed 100 Wh per battery. 

e. Each battery must bear the ‘‘Watthour’’ or ‘‘Wh’’ marking on the battery 

to determine if it is within the limits 

defined in items c and d. 

f. The batteries installed in the 

equipment must be protected from 

damage and short circuit. 

g. The equipment must be equipped 

with an effective means of preventing it 

from being turned on or activated. 

h. The equipment must be cushioned 

to prevent movement or damage and be 

contained in a strong enough sealed 

package to prevent crushing of the 

package or exposure of the contents 

during normal handling in the mail. 

* * * * * 

We will publish an amendment to 39 

CFR Part 20 to reflect these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–21443 Filed 8–24–11; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

39 CFR Part 775 

National Environmental Policy Act 

Procedures 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: This rule amends the Postal 

Service’s National Environmental Policy 

Act (NEPA) compliance procedures to 

update an obsolete statutory reference. 

DATES: Effective Date: August 25, 2011. 

ADDRESSES: Written communications 

should be directed to: Environmental 

Counsel, U.S. Postal Service, 4200 Wake 

Forest Rd., Raleigh, NC 27668–9000. 

FOR FURTHER INFORMATION CONTACT: Gary 

W. Bigelow, Senior Litigation Counsel, 

Environmental Law, (919) 501–9439. 

SUPPLEMENTARY INFORMATION: 

Amendment of 39 CFR 775.6(b)(15) is 

necessary to update a reference to the 

statutory provision dealing with the 

administrative procedures for the 

closing or consolidation of post offices. 

Formerly, that provision was codified at 

39 U.S.C. 404(b), but under section 

1010(e) of Public Law 109–435, 120 

Stat. 3261, was redesignated as 39 

U.S.C. 404(d). This rule updates the 

reference in § 775.6. 

List of Subjects in 39 CFR Part 775 

Environmental impact statements. 

For the reasons set forth above, the 

Postal Service amends 39 CFR Part 775 

as follows: 

PART 775—NATIONAL 

ENVIRONMENTAL POLICY ACT 

PROCEDURES 

■ 1. The authority citation for 39 CFR 

Part 775 continues to read as follows: 

Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et 

seq.; 40 CFR 1500.4. 

§ 775.6 [Amended] 

■ 2. In § 775.6(b)(15), remove ‘‘404(b)’’ 

and insert ‘‘404(d)’’ in its place. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–21698 Filed 8–24–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2010–0929; FRL–9456–3] 

RIN 2060–AQ80 

Change to the Reporting Date for 

Certain Data Elements Required Under 

the Mandatory Reporting of 

Greenhouse Gases Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is deferring the reporting 

deadline for data elements that are used 

by direct emitter reporters as inputs to 

emission equations under the 

Mandatory Greenhouse Gas Reporting 

Rule. The deadline for reporting some of 

these data elements is deferred to March 

31, 2013 and the deadline for reporting 

others is deferred to March 31, 2015. 

This final rule does not change any 

other requirements of the Mandatory 

Greenhouse Gas Reporting Rule. 

DATES: This final rule is effective on 

September 9, 2011. 

ADDRESSES: EPA has established a 

docket under Docket ID No. EPA–HQ– 

OAR–2010–0929 for this action. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at EPA’s Docket Center, Public 

Reading Room, EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingRule@epa.gov. For 

technical information and 

implementation materials, please go to 

the Greenhouse Gas Reporting Program 

Web site 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 rule will also be 

available through the WWW. Following 

the Administrator’s signature, a copy of 

this action will be posted on 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) 


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53058 Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 

section 307(d). See CAA section 

307(d)(1)(V) (the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine’’). 

These are final amendments to existing 

regulations. Entities affected by this 

final rule are owners or operators of 

facilities that are direct emitters of 

greenhouse gases (GHGs) and are 

required to report under the Mandatory 

GHG Reporting Rule (40 CFR part 98), 

which include those listed in Table 1 of 

this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

General Stationary Fuel Combustion 

Sources.

Facilities operating boilers, process heaters, incinerators, turbines, and internal 

combustion engines. 

321 Manufacturers of lumber and wood products. 

322 Pulp and paper mills. 

325 Chemical manufacturers. 

324 Petroleum refineries and manufacturers of coal products. 

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

331 Steel works, blast furnaces. 

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

336 Manufacturers of motor vehicle parts and accessories. 

221 Electric, gas, and sanitary services. 

622 Health services. 

611 Educational services. 

325193 Ethyl alcohol manufacturing facilities. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

Electricity Generation ............................... 221112 Fossil-fuel fired electric generating units, including units owned by Federal and 

municipal governments and units located in Indian Country. 

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

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

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

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

Electronics Manufacturing ........................ 334111 Microcomputers manufacturing facilities. 

334413 Semiconductor, photovoltaic (solid state) device manufacturing facilities. 

334419 LCD unit screens manufacturing facilities. 

MEMS manufacturing facilities. 

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

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

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

327213 Glass container manufacturing facilities. 

327212 Other pressed and blown glass and glassware manufacturing facilities. 

HCFC–22 Production and HFC–23 Destruction.325120 Chlorodifluoromethane manufacturing facilities. 

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

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

oxygen process furnace shops. 

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

331492 Secondary lead smelting and refining facilities. 

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

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

331492 Secondary lead smelting and refining facilities. 

Municipal Solid Waste Landfills ................ 562212 Solid waste landfills. 

221320 Sewage treatment facilities. 

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

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

325199 Acrylonitrile, ethylene oxide, methanol production facilities. 

325110 Ethylene production facilities. 

325182 Carbon black production facilities. 

Petroleum and Natural Gas Systems ....... 486210 Pipeline transportation of natural gas. 

221210 Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

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

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

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

322121 Paper mills. 

322130 Paperboard mills. 

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

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

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

Sulfur Hexafluoride (SF6) from Electrical 

Equipment.

221121 Electric bulk power transmission and control facilities. 

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

Underground Coal Mines ......................... 212113 Underground anthracite coal mining operations. 

212112 Underground bituminous coal mining operations. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 53059 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

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

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

metals. 

Industrial Landfills ..................................... 562212 Solid waste landfills. 

221320 Sewage treatment facilities. 

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. 

Wastewater Treatment ............................. 322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

325193 Ethanol manufacturing facilities. 

CO2 Enhanced Recovery Projects ........... 211 Oil and Gas Extraction Projects using CO2 Enhanced Recovery. 

Geologic Sequestration Sites ................... CO2 Geologic sequestration projects. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities and suppliers likely to be 

affected by this action. Table 1 of this 

preamble lists types of facilities that 

may be affected by the reporting 

requirements. Other types of facilities 

and suppliers than those listed in the 

table may also be subject to reporting 

requirements. To determine whether 

you are affected by this action, you 

should carefully examine the 

applicability criteria found in 40 CFR 

part 98, subpart A or the relevant 

criteria in the subparts. If you have 

questions regarding the applicability of 

this action to a particular facility or 

supplier, consult the person listed in the 

preceding FOR FURTHER GENERAL

INFORMATION CONTACT section. 

What is the effective date? EPA is 

making this final rule effective on 

September 9, 2011. 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 CAA section 307(d)(1), 

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 APA section 553(d) in 

making this rule effective on September 

9, 2011. 

APA section 553(d)(1) provides an 

exception to the 30-day publication 

requirement for any rule that grants or 

recognizes an exemption or relieves a 

restriction. This final rule provides 

relief to the current requirement to 

report inputs to emission equations by 

September 30, 2011 for 34 subparts of 

40 CFR part 98 or March 31, 2012 for 

eight subparts of 40 CFR part 98 by 

deferring these deadlines to either 

March 31, 2013 or March 31, 2015, 

depending on the data elements. 

Because this action defers the regulatory 

deadline for a reporting requirement, a 

shorter effective date is consistent with 

this exception. Further, the purpose of 

the 30-day waiting period prescribed in 

APA section 553(d) is to give affected 

parties a reasonable time period to 

adjust their behavior and prepare before 

the final rule takes effect. Because this 

final rule defers a reporting deadline, it 

requires little preparation or behavior 

adjustment. Where, as here, the final 

rule will be signed and made available 

on the EPA Web site more than 15 days 

before the effective date, that purpose is 

still met. 

Accordingly, EPA finds it appropriate, 

consistent with APA section 553(d)(1), 

to make this rule effective on September 

9, 2011, even though this results in an 

effective date fewer than 30 days from 

the date of publication in the Federal 

Register. 

Judicial Review. Under section 

307(b)(1) of the CAA, judicial review of 

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 24, 2011. 

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. 

CAA section 307(d)(7)(B) also provides 

a mechanism for 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

GENERAL 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 EPA to enforce 

these requirements. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

APA Administrative Procedure Act. 

CAA Clean Air Act. 

CH4 methane. 


srobinson on DSK4SPTVN1PROD with RULES
53060 Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 

CFR Code of Federal Regulations. 

CBI confidential business information. 

CO2 carbon dioxide. 

EPA U.S. Environmental Protection 

Agency. 

FTC Federal Trade Commission. 

FR Federal Register. 

GHG greenhouse gas. 

HCFC–22 chlorodifluoromethane. 

HFC–23 trifluoromethane (or CHF3). 

ICR Information Collection Request. 

LCD liquid crystal display. 

MEMS microelectricomechanical system. 

N2O nitrous oxide. 

NAICS North American Industry 

Classification System. 

NTTAA National Technology Transfer and 

Advancement Act of 1995. 

OMB Office of Management and Budget. 

RFA Regulatory Flexibility Act. 

SF6 sulfur hexafluoride. 

UMRA Unfunded Mandates Reform Act of 

1995. 

U.S. United States. 

WWW Worldwide Web. 

Table of Contents 

I. Background 

A. How is this preamble organized? 

B. Background on This Action 

II. Summary of Major Changes Since Proposal 

A. Changes to the Date for Reporting Inputs 

to Equations 

B. Changes to the List of Deferred Data 

Elements 

III. Response to Significant Comments on the 

Proposed Amendments 

IV. 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. How is this preamble organized? 

The first section of this preamble 

contains basic background information 

about the origin of these rule 

amendments. The second section of this 

preamble summarizes major changes 

since proposal, including changes to the 

length of the deferral and to the list of 

data elements categorized as inputs to 

emission equations. The third section 

provides an overview of EPA’s response 

to significant comments. Finally, the 

fourth section of the preamble discusses 

the various statutory and executive 

order requirements applicable to this 

rulemaking. 

B. Background on This Action 

On October 30, 2009, EPA published 

the Mandatory Greenhouse Gas 

Reporting Rule for requiring data 

reporting regarding greenhouse gas 

emissions from a broad range of 

industry sectors (74 FR 56260). Under 

40 CFR part 98 and its subsequent 

amendments (hereinafter referred to as 

‘‘Part 98’’), EPA will require reporting of 

data from certain facilities and suppliers 

above specified thresholds. The data to 

be reported include information on GHG 

emissions and GHGs supplied, 

including information necessary to 

characterize, quantify, and verify the 

GHG emissions and GHGs supplied 

data. In the preamble to Part 98, we 

stated, ‘‘Through a notice and comment 

process, we will establish those data 

elements that are ‘emissions data’ and 

therefore [under CAA section 114(c)] 

will not be afforded the protections of 

CBI. As part of that exercise, in response 

to requests provided in comments, we 

may identify classes of information that 

are not emissions data, and are CBI’’ (74 

FR 56287, October 30, 2009). 

On July 7, 2010, EPA proposed 

confidentiality determinations for Part 

98 data elements and proposed 

amending EPA’s regulation for handling 

confidential business information to add 

specific procedures for the treatment of 

Part 98 data (75 FR 39094; hereinafter 

referred to as the ‘‘July 7, 2010 CBI 

proposal’’). These proposed 

amendments to 40 CFR part 2 would 

allow EPA to release Part 98 data that 

are determined to be emission data or 

non-CBI upon finalizing the 

confidentiality status of these data. The 

amendments also set forth procedures 

for treatment of information in Part 98 

determined to be CBI. The proposed 

procedures are similar to or consistent 

with the existing 40 CFR part 2 

procedures. 

The July 7, 2010 CBI proposal 

proposed confidentiality statuses for the 

data elements for subparts that were 

included in the 2009 final Part 98 rule 

(see 74 FR 56260, October 30, 2009); 

four subparts finalized in July 2010 (see 

75 FR 39736, July 12, 2010); and seven 

new subparts that had been proposed 

but not yet finalized as of July 2010 (see 

75 FR 18576, 75 FR 18608, and 75 FR 

18652, April 12, 2010). The July 7, 2010 

CBI proposal also covered proposed 

changes to the reporting requirements 

for some of the 2009 final Part 98 

subparts. These changes were proposed 

in two separate rulemakings (see 75 FR 

18455, April, 12, 2010; and 75 FR 

33950, June 15, 2010). 

On August 11, 2010, EPA published a 

proposed amendment to Part 98 to 

change the description of some reported 

data elements and require reporting of 

some new data elements (75 FR 48744; 

hereinafter referred to as the ‘‘August 

11, 2010 revisions proposal’’). EPA 

concurrently issued a supplemental CBI 

proposal that proposed confidentiality 

determinations for the new and revised 

data elements included in the August 

11, 2010 revisions proposal (75 FR 

43889, July 27, 2010; hereinafter 

referred to as the ‘‘July 27, 2010 

supplemental CBI proposal’’). 

As described in detail in the CBI 

proposals identified above, EPA 

grouped Part 98 data into 22 data 

categories (11 direct emitter data 

categories and 11 supplier data 

categories), with each of the categories 

containing data elements that are 

similar in type or characteristics. EPA 

then proposed confidentiality 

determinations for each category, with a 

few exceptions that are not relevant to 

today’s action. Consistent with EPA’s 

long-standing interpretation, EPA 

proposed that data elements in the 

inputs to emission equations data 

category meet the definition of emission 

data under 40 CFR 2.301(a)(2)(i) and 

therefore, under CAA section 114(c), 

could not be held as confidential once 

they were reported to EPA. 

EPA received numerous public 

comments on the July 7, 2010 CBI 

proposal and the July 27, 2010 

supplemental CBI proposal. EPA 

received comments that raised concerns 

regarding the public availability of data 

in the inputs to emission equations 

category. EPA determined that these 

concerns warranted an in-depth 

evaluation of the potential impact from 

the release of inputs to emission 

equations, as well as collection and 

review of additional information, that 

could not be completed before the 

March 31, 2011 reporting deadline. 

In the proposal to this final 

rulemaking (75 FR 81350, December 27, 

2010, hereinafter referred to as the 

‘‘December 27, 2010 deferral proposal’’), 

EPA proposed to defer the reporting of 

inputs to equations until March 31, 

2014, to afford additional time to 

complete this evaluation and take 

appropriate final actions regarding 

inputs to equations before these data 

elements are reported to EPA and 

potentially become subject to release. 

The deferral proposal concerned only 

reporting of inputs to emission 


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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 53061 

equations for direct emitters and did not 

affect any other requirements of Part 98. 

Concurrent with that notice, EPA 

promulgated an interim final rule (75 FR 

81338, December 27, 2010) that deferred 

the initial March 31, 2011 reporting date 

for inputs to emission equations to 

August 31, 2011, to give EPA time to 

promulgate this deferral through notice 

and comment. (See Section III of the 

preamble to the interim final rule for a 

detailed rationale.) 

EPA concurrently published a call for 

information, entitled ‘‘Information on 

Inputs to Emission Equations under the 

Mandatory Reporting of Greenhouse 

Gases Rule’’ (75 FR 81366, December 27, 

2010; hereinafter referred to as the ‘‘call 

for information’’), to collect additional 

information to assist EPA with the 

evaluation of the data elements being 

deferred. In the call for information, we 

requested comment on whether each 

data element used as an input to an 

emission equation for direct emitters 

was likely to cause substantial 

competitive harm if made publicly 

available; whether and where it was 

already publicly available; and, if public 

availability of a given input was likely 

to cause substantial competitive harm, 

suggestions of alternate calculation 

methodologies and/or verification 

approaches. 

A later Federal Register notice 

extended the deadline for reporting of 

all 2010 reporting year data until 

September 30, 2011 (76 FR 14812, 

March 18, 2011). This included those 

data whose reporting deadline had 

previously been deferred until August 

31, 2011, in the interim final rule. 

Based on the July 7, 2010 CBI 

proposal, July 27 supplemental CBI 

proposal, and comments thereto, EPA 

promulgated confidentiality 

determinations for certain data elements 

required to be reported under Part 98 

and finalized amendments to the 

Special Rules Governing Certain 

Information Obtained Under the Clean 

Air Act, which authorizes EPA to 

release or withhold as confidential 

reported data according to the 

confidentiality determinations for such 

data without taking further procedural 

steps (76 FR 30782, May 26, 2011, 

hereinafter referred to as the ‘‘May 26, 

2011 Final CBI Rule’’). That notice 

addressed reporting of data elements in 

34 subparts that were determined not to 

be inputs to emission equations and 

therefore were not proposed to have 

their reporting deadline deferred. That 

rule did not make confidentiality 

determinations for eight subparts for 

which reporting requirements were 

finalized after publication of the July 7, 

2010 CBI proposal and July 27, 2010 

supplemental CBI proposal. As 

explained in Section II.A.3 of the 

preamble to the May 26, 2011 Final CBI 

Rule, EPA will address the 

confidentiality of the data elements in 

those eight subparts in a separate action. 

That rule also did not address data 

elements used as inputs to emission 

equations, which are addressed in this 

final rule. 

II. Summary of Major Changes Since 

Proposal 

This section provides a summary of 

major changes since proposal, including 

the date to which the reporting of inputs 

to equations is deferred as well as the 

list of data elements categorized as 

inputs to emission equations. 

A. Changes to the Date for Reporting 

Inputs to Equations 

In the December 27, 2010 deferral 

proposal, EPA proposed to defer 

reporting of inputs to equations until 

March 31, 2014. For the reasons stated 

below, in this final rule, EPA is 

deferring the reporting deadline for 

some inputs to equations to March 31, 

2013 and the others to March 31, 2015. 

For a list of inputs to equations to be 

reported under each deadline, please 

see Tables A–6 and A–7 in the 

regulatory text at the end of this notice. 

In the preamble to the proposed rule, 

EPA explained that it proposed to defer 

reporting of inputs to emission 

equations to allow EPA adequate time to 

fully evaluate whether and the extent to 

which potential competitive harm may 

result if any of the inputs to equations 

data elements were reported and made 

publicly available, and whether 

emissions can be calculated or verified 

using additional methodologies, 

consistent with the transparency and 

accuracy goals of Part 98 (75 FR 81350, 

81355). EPA therefore proposed to defer 

the reporting of inputs to equations 

until March 31, 2014, with the goal of 

completing its evaluations and other 

necessary actions in advance of that 

date. 

As mentioned in the Background 

section (Section I.B of this preamble), 

concurrent with the December 27, 2010 

deferral proposal, EPA issued a call for 

information to obtain additional 

information that would assist EPA in its 

evaluations. In the call for information, 

EPA requested specific information 

identifying how public availability of 

any input to an emission equation 

would cause harm to any reporter, and 

which data elements that are inputs to 

emission equations are already publicly 

available or otherwise not sensitive for 

any reporter. EPA also requested 

suggestions of additional calculation 

methodologies and verification 

approaches for specific subparts that 

would achieve the transparency and 

accuracy goals of Part 98 without 

requiring reporting of data elements that 

commenters consider likely to cause 

substantial competitive harm. 

Since the December 27, 2010 deferral 

proposal, EPA has been heavily engaged 

in the evaluations described above. For 

a detailed description of the activities 

EPA is undertaking to evaluate each 

input to equations, please see a 

memorandum to the docket, ‘‘Process 

for Evaluating and Potentially 

Amending Part 98 Inputs to Emission 

Equations.’’ For the reasons stated 

below, the evaluations have proven to 

be more complex and time-consuming 

than EPA had anticipated. Because EPA 

had not received as much information 

as it had anticipated through the call for 

information, EPA is spending more time 

collecting information and identifying 

potential impacts and solutions. 

Furthermore, based on the comments 

received in response to the deferral 

proposal and the call for information, 

the number of data elements that would 

require a more in-depth evaluation is 

much larger than EPA had anticipated at 

the time of the deferral proposal. 

As noted above, EPA proposed to 

defer the reporting of inputs to 

equations to March 31, 2014, with the 

goal of completing its evaluations and 

other necessary actions by that date. 

Despite the difficulties described above, 

EPA anticipates that it can complete its 

evaluations for some inputs to equations 

by March 31, 2013. Accordingly, in this 

final rule, EPA is requiring reporting of 

these inputs to equations by March 31, 

2013, a year sooner than proposed. 

These data elements are those for which 

EPA either is further along or able to 

proceed more quickly in the evaluation 

processes (as outlined in the docket 

memorandum). However, for the 

remaining inputs, due to the difficulties 

described above, EPA either is less far 

along or the evaluation processes are 

more time-consuming. For these inputs 

to equations, EPA is deferring the 

reporting deadline to March 31, 2015. 

As we explained in the December 27, 

2010 deferral proposal, deferral of the 

inputs reporting deadline to either date 

does not change any other requirements 

of Part 98, including the requirement 

that these data elements be retained as 

records in a form that is suitable for 

expeditious inspection and review 

(required for all Part 98 records by 40 

CFR 98.3(g)). 

The results of our decision regarding 

the reporting deadline for each input are 

provided in Tables A–6 and A–7, and in 

the Response to Comments document in 


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1This data element is listed in one of the 34 Part 

98 subparts addressed in the May 26, 2011 Final 

CBI Rule. Consistent with that rule’s treatment of 

inputs to emission equations, that rule did not 

assign a confidentiality determination to this data 

element. 

2This data element is listed in one of the eight 

Part 98 subparts that were not addressed in the May 

26, 2011 Final CBI Rule but for which 

confidentiality determinations will be addressed in 

a separate action; see section II.A.3 of the preamble 

to the May 26, 2011 Final CBI Rule. 

the docket titled, ‘‘Response to 

Comments on the Greenhouse Gas 

Reporting Rule—Deferral Notice and 

Call For Information.’’ 

B. Changes to the List of Deferred Data 

Elements 

In this notice, we are including in the 

list of deferred data elements 16 data 

elements that were not identified as 

inputs to equations in the December 27, 

2010 deferral proposal. We are also 

removing 24 data elements that were 

either incorrectly identified as inputs to 

equations in the December 27, 2010 

deferral proposal or are no longer 

required to be reported. In addition, we 

are clarifying the deferral regarding 

three data elements that are used as 

inputs to emission equations in some 

circumstances but not in others. 

EPA received numerous public 

comments on the December 27, 2010 

deferral proposal, including some 

comments contending that additional 

data elements besides those listed in the 

proposed regulatory text are inputs to 

emission equations. We agree with 

commenters that six data elements that 

were not included in the December 27, 

2010 deferral proposal are actually 

inputs to emission equations and, 

therefore, should be deferred. These 

data elements are the following: 

• Subpart Y: Quantity of unstabilized 

crude oil received during the calendar 

year (40 CFR 98.256(o)(6)).1

• Subpart Y: Average pressure 

differential (40 CFR 98.256(o)(6)).1

• Subpart Y: Mole fraction of 

methane (CH4) in vent gas from the 

unstabilized crude oil storage tank (40 

CFR 98.256(o)(6)).1

• Subpart Y: Tank-specific methane 

composition data (40 CFR 

98.256(o)(7)).1

• Subpart Y: Gas generation rate data 

(40 CFR 98.256(o)(7)).1

• Subpart TT: Surface area (in square 

meters) at the start of the reporting year 

for the landfill sections that contain 

waste and that are associated with the 

selected cover type (for facilities using 

a landfill gas collection system) (40 CFR 

98.466(e)(2)).1

EPA agrees with the comments that 

the six data elements described above 

are inputs to emission equations. In 

light of these comments, EPA reviewed 

the data elements lists to assure proper 

categorization and identified nine 

additional data elements that are inputs 

to emission equations, but were not 

included in the December 27, 2010 

deferral proposal. These data elements 

are the following: 

• Subpart I: Fraction of each 

fluorinated GHG or N2O destroyed or 

removed in abatement systems 

connected to process tools where recipe, 

process sub-type, or process type j is 

used (40 CFR 98.96(o)).2

• Subpart I: All inputs and results of 

calculations made accounting for the 

uptime of abatement systems used 

during the reporting year, in accordance 

with Equations I–14 and I–15 of this 

subpart (40 CFR 98.96(q)(2)).2

• Subpart L: Where missing data have 

been estimated pursuant to 40 CFR 

98.125 report, estimate of the missing 

data (40 CFR 98.126(d)).2

• Subpart U: Annual carbonate input 

by carbonate type (40 CFR 98.216(f)(1)).1

• Subpart U: Annual carbonate 

output by carbonate type (40 CFR 

98.216(f)(2)).1

• Subpart W: For gas well 

completions and workovers without 

hydraulic fracturing: total count of 

completions in calendar year (40 CFR 

98.236(c)(6)(ii)(A)).2

• Subpart W: Count of compressors 

(40 CFR 98.236(c)(14)(v)(A)).2

• Subpart TT: Last year the landfill 

accepted waste (for closed landfills 

using Equation TT–4) (40 CFR 

98.466(a)(3)).1

• Subpart TT: Capacity of the landfill 

in metric tons (for closed landfills using 

Equation TT–4) (40 CFR 98.466(a)(4)).1

In addition, there are 23 data elements 

that were incorrectly identified in the 

December 27, 2010 deferral proposal as 

inputs to emissions equations. For four 

of these data elements that are in the 34 

subparts addressed in the May 26, 2011 

Final CBI Rule, EPA assigned them to 

the appropriate categories and made 

final determinations regarding their 

confidentiality status in that rule. 

Consistent with the Final CBI Rule, EPA 

is removing those data elements from 

the deferral list in this final rule. These 

data elements are: 

• Subpart C: Percentage of source 

operating hours for which substitute 

data is used for stack gas flow rate (40 

CFR 98.36(e)(2)(vi)(C)). 

• Subpart C: Percentage of source 

operating hours for which substitute 

data is used for stack gas moisture 

content (40 CFR 98.36(e)(2)(vi)(C)). 

• Subpart Y: Average coke burn-off 

quantity per cycle or measurement 

period, and average carbon content of 

coke (40 CFR 98.256(f)(13)). 

• Subpart FF: Dates in quarterly 

reporting period where active 

ventilation of mining operations is 

taking place (40 CFR 98.326(l)). 

The remaining 19 data elements that 

were incorrectly identified in the 

proposed deferral as inputs to emissions 

equations were in the eight subparts not 

covered by the May 26, 2011 Final CBI 

Rule. As explained in Section II.A.3 of 

the preamble to that rule, EPA will 

address the confidentiality of the data 

elements in those eight subparts in a 

separate action. Consistent with the 

actions described above, EPA is 

removing these 19 data elements from 

the list of inputs to emission equations 

in this final rule. These data elements 

are: 

• Subpart I: For all fluorinated GHGs 

and N2O used at your facility for which 

you have not calculated emissions using 

Equations I–6, I–7, I–8, I–9, and I–10, 

the chemical name of the GHG used, the 

annual consumption of the gas, and a 

brief description of its use (40 CFR 

98.96(g)). 

• Subpart I: Certification that each 

abatement system has been installed, 

maintained, and operated in accordance 

with manufacturers’ specifications (40 

CFR 98.96(q)(1)). 

• Subpart W: Total number of days of 

gas venting to the atmosphere during 

backflow for completion (40 CFR 

98.236(c)(6)(ii)(C)). 

• Subpart W: Number of wellhead 

separators sending oil to atmospheric 

tanks (40 CFR 98.236(c)(8)(i)(A)). 

• Subpart W: Count of hydrocarbon 

tanks at well pads (40 CFR 

98.236(c)(8)(i)(D)). 

• Subpart W: Best estimate of count 

of stock tanks not at well pads receiving 

your oil (40 CFR 98.236(c)(8)(i)(E)). 

• Subpart W: Count of tanks with 

emissions control measures, either 

vapor recovery system or flaring, for 

tanks at well pads (40 CFR 

98.236(c)(8)(i)(G)). 

• Subpart W: Best estimate of count 

of stock tanks assumed to have 

emissions control measures not at well 

pads, receiving your oil (40 CFR 

98.236(c)(8)(i)(H)). 

• Subpart W: Range of concentrations 

of flash gas, CH4, and carbon dioxide 

(CO2) (40 CFR 98.236(c)(8)(i)(I)). 

• Subpart W: Report emissions 

individually for Calculation 

Methodology 1 and 2 of § 98.233(j) (40 

CFR 98.236(c)(8)(i)(J)). 

• Subpart W: Total number of wells 

sending oil directly to tanks (40 CFR 

98.236(c)(8)(ii)(B)). 


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• Subpart W: Total number of wells 

sending oil to separators off the well 

pads (40 CFR 98.236(c)(8)(ii)(C)). 

• Subpart W: Count of hydrocarbon 

tanks on wellpads (40 CFR 

98.236(c)(8)(ii)(E)). 

• Subpart W: Count of hydrocarbon 

tanks, both on and off well pads 

assumed to have emissions control 

measures: either vapor recovery system 

or flaring of tank vapors (40 CFR 

98.236(c)(8)(ii)(F)). 

• Subpart W: Number of wells 

without wellhead separators (40 CFR 

98.236(c)(8)(iii)(B)). 

• Subpart W: Total volume of oil 

production in barrels per year (40 CFR 

98.236(c)(8)(iii)(C)). 

• Subpart W: CH4 and CO2 emissions 

(refer to Equation W–31 of § 98.233) 

collectively by equipment type (40 CFR 

98.236(c)(15)(ii)(C)). 

• Subpart W: Report emissions 

collectively (40 CFR 98.236(c)(17)(v)). 

• Subpart W: Report annual 

throughput as determined by 

engineering estimate based on best 

available data for each industry segment 

listed in paragraphs (a)(1) through (a)(8) 

of this section (40 CFR 98.236(d)). 

We also have removed the following 

data element from the list of deferred 

inputs to emission equations because it 

is no longer required to be reported. 

• Subpart CC: Annual operating 

hours for manufacturing lines used to 

produce soda ash using liquid alkaline 

feedstock (40 CFR 98.296(b)(10)(vii)). 

We also have added clarifications 

regarding the conditions under which 

certain data elements are deferred: 

• Subpart Y: For 40 CFR 98.256(h)(5), 

we have clarified that the annual 

volume of recycled tail gas is deferred 

only for reporters who use this data 

element to calculate the recycling 

correction factor. 

• Subpart HH: For 40 CFR 98.346(a), 

we have clarified that the last year the 

landfill accepted waste and the capacity 

of the landfill are deferred only when 

reported by closed landfills using 

Equation HH–3 to calculate emissions. 

In this final rule, EPA has also deleted 

two erroneous rule citations from the 

list of inputs in the December 27, 2010 

deferral proposal. These citations are 40 

CFR 98.236(c)(14)(iv)(A) and (iv)(B). 

Though listed in the deferral proposal as 

reporting requirements for subpart W, 

these two paragraphs are not in the final 

subpart W rule published on November 

30, 2010 (75 FR 74458). 

III. Response to Significant Comments 

on the Proposed Amendments 

This section contains a brief summary 

of the significant comments and our 

responses thereto. Other comments were 

also received. Responses to these 

comments can be found in ‘‘Response to 

Comments on the Greenhouse Gas 

Reporting Rule—Deferral Notice and 

Call for Information’’ in the docket. 

Comment: Several commenters 

supported deferring all data elements 

used as inputs to emission equations 

through the proposed date of March 13, 

2014. Some commenters specified the 

source categories and/or data elements 

for which they support the deferral. 

These commenters explained that the 

inputs in these categories would cause 

competitive harm if made publicly 

available and described how this would 

occur. For example, some of these 

commenters provided information on 

how release of certain product 

composition, production and 

throughput quantities, and raw material 

data elements could be used by their 

competitors to gain a competitive 

advantage and cause harm to the 

reporter. Some commenters noted that 

particular inputs are not publicly 

available and named steps that reporters 

take to protect these data. Some of these 

commenters noted that other Federal 

and State agencies that collect similar 

information treat the information as 

confidential. 

Other commenters opposed deferring 

the reporting of any of the Part 98 data 

elements. Some commenters indicated 

that many of the data elements proposed 

for deferral are publicly available in 

Federal and State permits, State 

inventories, published studies, or other 

publicly available sources, or otherwise 

not likely to cause substantial 

competitive harm if made publicly 

available. Additionally, some data 

elements and subparts did not receive 

comments, and some received 

comments that asserted a position 

without providing evidence. 

Response: EPA appreciates the 

comments in support of deferring the 

reporting deadline for inputs to 

equations. As part of the evaluations 

described in Section II.A of this 

preamble, EPA will consider the 

examples of competitive harm, public 

availability, and other factors that 

commenters provided for many of the 

inputs. 

EPA disagrees with the comments 

opposing deferral of any of the inputs. 

However, as explained in Section II.A of 

this preamble, EPA is deferring the 

reporting deadline only until March 31, 

2013 for those inputs for which our 

evaluations are less time-consuming or 

further along. For the others, the 

evaluations of which are more complex 

and time-consuming, EPA is deferring 

the reporting deadline until March 31, 

2015. 

Comment: Some commenters 

contended that the December 27, 2010 

deferral proposal was contrary to law 

and Congressional intent and would 

subvert the spirit of the reporting 

mandate. 

Response: EPA disagrees with these 

comments. Title II of the 2008 

Consolidated Appropriations Act (H.R. 

2764; Pub. L. 110–161) requires EPA to 

establish ‘‘mandatory reporting of 

greenhouse gas emissions above 

appropriate thresholds in all sectors’’ of 

the U.S. economy through publication 

of a draft rule within 9 months of the 

promulgation of the Appropriations Act 

and a final rule within 18 months, a task 

EPA accomplished in its promulgation 

of the Greenhouse Gas Reporting 

Program under Part 98. Congress left the 

Agency discretion in determining the 

specific data to be reported, timing of 

data reporting, and the methods of data 

calculation and verification. Today’s 

action affects only the reporting 

deadline of the data elements identified 

as inputs to emission equations, which 

EPA has discretion to establish. During 

the deferral period, reporters must 

continue to report GHG emission levels 

and all other data required under Part 

98 that are not identified as inputs to 

emission equations. 

Comment: Some commenters 

referenced comments submitted by the 

Federal Trade Commission (FTC) on the 

July 7, 2010, CBI proposal, stating that 

public disclosure of specific data 

elements would create antitrust 

concerns. 

Response: EPA appreciates the 

comments from the FTC and from 

commenters that referenced those 

comments. As explained in the 

memorandum to the docket describing 

EPA’s process for evaluating the inputs 

to emission equations, ‘‘Process for 

Evaluating and Potentially Amending 

Part 98 Inputs to Emission Equations,’’ 

EPA will take these comments into 

consideration in determining the 

likelihood of each input to cause 

substantial competitive harm if released. 

Comment: Several commenters 

indicated that deferring reporting of 

inputs to emission equations would 

interfere with State greenhouse gas 

reporting programs. 

Response: EPA disagrees with these 

comments. The deferred reporting of 

inputs to emission equations under 

EPA’s Greenhouse Gas Reporting 

Program does not affect the ability of 

States to require facilities to report these 

data elements. 

Comment: Several commenters 

alleged that deferring the reporting 

deadline for inputs to emission 

equations would render EPA unable to 


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53064 Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 

verify reported emission totals during 

the deferral period. 

Response: EPA disagrees with this 

comment. For the direct emitter source 

categories, EPA recognizes that, during 

the deferral period, we will receive 

fewer data upon which to conduct 

electronic verification. As a result, as 

described in the December 27, 2010 

deferral proposal, EPA temporarily will 

place additional emphasis on direct 

follow-up with facilities. Although we 

will not be requiring the reporting of 

equation inputs during the deferral 

period, we will nonetheless be requiring 

reporting of several different types of 

data that will be used for verification. 

These data include the calculation 

methodologies used, specific test 

methods that were used to determine 

equation inputs, an indication of 

whether missing data procedures were 

used, and various operating 

characteristics such as plant and 

equipment capacities and production 

rates. These data will be used in the 

electronic verification process. EPA is 

confident that electronic verification 

coupled with more robust direct followup will achieve verification during the 

deferral period. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. These 

amendments do not make any 

substantive changes to the reporting 

requirements in any of the subparts. The 

amendments simply delay reporting of 

certain data elements. However, the 

Office of Management and Budget has 

previously approved the information 

collection requirements for 31 subparts 

contained in the regulations 

promulgated on October 30, 2009 (ICR 

number 2300.03); subpart W 

promulgated on November 30, 2010 

(ICR number 2376.02); subparts I, L, DD, 

QQ, and SS promulgated on December 

1, 2010 (ICR number 2373.02); subparts 

T, FF, II, and TT promulgated on July 

12, 2010; and subparts RR and UU 

promulgated on December 1, 2010 (ICR 

number 2372.02) under 40 CFR part 98 

under the provisions of the Paperwork 

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

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 rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of these rule amendments on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. The rule amendments will not 

impose any new requirements on small 

entities that are not currently required 

by Part 98. 

EPA took several steps to reduce the 

impact of Part 98 on small entities. For 

example, EPA determined appropriate 

thresholds that reduced the number of 

small businesses reporting. In addition, 

EPA conducted several meetings with 

industry associations to discuss 

regulatory options and the 

corresponding burden on industry, such 

as recordkeeping and reporting. For a 

summary of EPA’s consultations with 

State and/or local officials or other 

representatives of State and/or local 

governments in developing Part 98, see 

Section VIII.D of the preamble to the 

final rule (74 FR 56370, October 30, 

2009). Finally, EPA continues to 

conduct significant outreach on the 

GHG reporting program and maintains 

an ‘‘open door’’ policy for stakeholders 

to help inform EPA’s understanding of 

key issues for the industries. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on State, local, and Tribal 

governments and the private sector. 

Federal agencies must also develop a 

plan to provide notice to small 

governments that might be significantly 

or uniquely affected by any regulatory 

requirements. The plan must enable 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates and must 

inform, educate, and advise small 

governments on compliance with the 

regulatory requirements. 

The rule amendments do not contain 

a Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and Tribal governments, 

in the aggregate, or the private sector in 

any one year. Thus, the rule 

amendments are not subject to the 

requirements of section 202 and 205 of 

the UMRA. This rule is also not subject 

to the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

amendments will not impose any new 

requirements that are not currently 

required for Part 98, and the rule 

amendments would not unfairly apply 

to small governments. Therefore, this 

action is not subject to the requirements 

of section 203 of the UMRA. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. 

These amendments apply directly to 

facilities that supply certain products 

that would result in GHGs when 

released, combusted or oxidized and 

facilities that directly emit greenhouses 

gases. They do not apply to 

governmental entities unless the 

government entity owns a facility that 

directly emits GHGs above threshold 

levels (such as a landfill), so relatively 

few government facilities would be 

affected. This regulation also does not 

limit the power of States or localities to 

collect GHG data and/or regulate GHG 

emissions. Thus, Executive Order 13132 

does not apply to this action. 

Although section 6 of Executive Order 

13132 does not apply to this action, EPA 

did consult with State and local officials 

or representatives of State and local 

governments in developing Part 98. For 

a discussion of how Part 98 relates to 

existing State programs and a summary 


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Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 53065 

of EPA’s consultations with State and 

local government representatives during 

the development of Part 98, see Sections 

II and VIII of the preamble for the final 

Part 98 (74 FR 56260, October 30, 2009), 

respectively. In addition, after the July 

7, 2010 CBI proposal, EPA held 

meetings with associations including 

State and local agencies, and considered 

public comments submitted by such 

agencies in developing the final 

confidentiality determinations and 40 

CFR part 2 amendments. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The rule amendments would not 

result in any changes to the 

requirements that are not currently 

required for Part 98. Thus, Executive 

Order 13175 does not apply to this 

action. 

Although Executive Order 13175 does 

not apply to this action, EPA consulted 

with Tribal officials in developing Part 

98. A summary of the concerns raised 

during that consultation and EPA’s 

response to those concerns is provided 

in Section VIII.F of the preamble to the 

final Part 98 (74 FR 56371, October 30, 

2009). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

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

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 EPA to provide 

Congress, through the Office of 

Management and Budget (OMB), 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that these rule 

amendments 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. This is because this 

rule addresses 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, 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. 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 U.S. 

prior to publication of the rule 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 rule will be 

effective September 9, 2011. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Suppliers, Reporting 

and recordkeeping requirements. 

Dated: August 19, 2011. 

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] 

■ 1. The authority citation for part 98 

continues to read as follows: 

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

Subpart A—[Amended] 

■ 2. Section 98.3 is amended by revising 

paragraph (c)(4)(vii) to read as follows: 

§ 98.3 What are the general monitoring, 

reporting, recordkeeping, and verification 

requirements of this part? 

* * * * * 

(c) * * * 

(4) * * * 

(vii) The owner or operator of a 

facility is not required to report the data 

elements specified in Table A–6 to this 

subpart for calendar years 2010 through 

2011 until March 31, 2013. The owner 

or operator of a facility is not required 

to report the data elements specified in 

Table A–7 to this subpart for calendar 

years 2010 through 2013 until March 31, 

2015. 

* * * * * 

3. Subpart A is amended by revising 

Table A–6 to Subpart A of Part 98 and 

adding Table A–7 to Subpart A of Part 

98 to read as follows: 


srobinson on DSK4SPTVN1PROD with RULES
53066 Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 

TABLE A–6 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2013 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2013 (‘‘All’’ means all data elements in 

the cited paragraph are not required to be reported until March 31, 2013) 

C ............... 98.36(d)(1)(iv) ..................... All. 

C ............... 98.36(d)(2)(ii)(G) ................ All. 

C ............... 98.36(d)(2)(iii)(G) ................ All. 

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

C ............... 98.36(e)(2)(viii)(A) .............. All. 

C ............... 98.36(e)(2)(viii)(B) .............. All. 

C ............... 98.36(e)(2)(viii)(C) .............. All. 

C ............... 98.36(e)(2)(x)(A) ................. All. 

C ............... 98.36(e)(2)(xi) ..................... All. 

DD ............ 98.306(a)(2) ........................ All. 

DD ............ 98.306(a)(3) ........................ All. 

DD ............ 98.306(d) ............................ All. 

DD ............ 98.306(e) ............................ All. 

DD ............ 98.306(f) ............................. All. 

DD ............ 98.306(g) ............................ All. 

DD ............ 98.306(h) ............................ All. 

DD ............ 98.306(i) ............................. All. 

DD ............ 98.306(j) ............................. All. 

DD ............ 98.306(k) ............................ All. 

DD ............ 98.306(l) ............................. All. 

FF ............. 98.326(a) ............................ All. 

FF ............. 98.326(b) ............................ All. 

FF ............. 98.326(c) ............................ All. 

FF ............. 98.326(f) ............................. Only quarterly volumetric flow rate. 

FF ............. 98.326(g) ............................ Only quarterly CH4 concentration. 

FF ............. 98.326(h) ............................ Only weekly volumetric flow used to calculate CH4 liberated from degasification systems. 

FF ............. 98.326(j) ............................. All. 

FF ............. 98.326(k) ............................ All. 

FF ............. 98.326(o) ............................ All. 

FF ............. 98.326(p) ............................ Only assumed destruction efficiency for the primary destruction device and assumed destruction efficiency for the backup destruction device. 

HH ............ 98.346(a) ............................ Only year in which landfill first accepted waste, last year the landfill accepted waste (if used as an 

input in Equation HH–3), capacity of the landfill (if used as an input in Equation HH–3), and waste 

disposal quantity for each year of landfilling. 

HH ............ 98.346(b) ............................ Only quantity of waste determined using the methods in § 98.343(a)(3)(i), quantity of waste determined using the methods in § 98.343(a)(3)(ii), population served by the landfill for each year, and 

the value of landfill capacity (LFC) used in the calculation. 

HH ............ 98.346(c) ............................ All. 

HH ............ 98.346(d)(1) ........................ Only degradable organic carbon (DOC) value, methane correction factor (MCF) values, and fraction 

of DOC dissimilated (DOCF) values. 

HH ............ 98.346(d)(2) ........................ All. 

HH ............ 98.346(e) ............................ Only fraction of CH4 in landfill gas. 

HH ............ 98.346(f) ............................. Only surface area associated with each cover type. 

HH ............ 98.346(g) ............................ All. 

HH ............ 98.346(i)(5) ......................... Only annual operating hours for the primary destruction device, annual operating hours for the 

backup destruction device, destruction efficiency for the primary destruction device, and destruction efficiency for the backup destruction device. 

HH ............ 98.346(i)(6) ......................... All. 

HH ............ 98.346(i)(7) ......................... Only surface area specified in Table HH–3, estimated gas collection system efficiency, and annual 

operating hours of the gas collection system. 

HH ............ 98.346(i)(9) ......................... Only CH4 generation value. 

II ............... 98.356(b)(1) ........................ All. 

II ............... 98.356(b)(2) ........................ All. 

II ............... 98.356(b)(3) ........................ All. 

II ............... 98.356(b)(4) ........................ All. 

II ............... 98.356(b)(5) ........................ All. 

II ............... 98.356(d)(1) ........................ All. 

II ............... 98.356(d)(7) ........................ All. 

II ............... 98.356(d)(8) ........................ Only annual operating hours for the primary destruction device, annual operating hours for the 

backup destruction device, destruction efficiency of the primary destruction device, and destruction 

efficiency of the backup destruction device. 

SS ............ 98.456(a) ............................ All. 

SS ............ 98.456(b) ............................ All. 

SS ............ 98.456(c) ............................ All. 

SS ............ 98.456(d) ............................ All. 

SS ............ 98.456(e) ............................ All. 

SS ............ 98.456(f) ............................. All. 

SS ............ 98.456(g) ............................ All. 

SS ............ 98.456(h) ............................ All. 

SS ............ 98.456(i) ............................. All. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 53067 

TABLE A–6 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH

THE REPORTING DEADLINE IS MARCH 31, 2013—Continued 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2013 (‘‘All’’ means all data elements in 

the cited paragraph are not required to be reported until March 31, 2013) 

SS ............ 98.456(j) ............................. All. 

SS ............ 98.456(m) ........................... All. 

SS ............ 98.456(n) ............................ All. 

SS ............ 98.456(o) ............................ All. 

SS ............ 98.456(q) ............................ All. 

SS ............ 98.456(r) ............................. All. 

SS ............ 98.456(s) ............................ All. 

SS ............ 98.456(t) ............................. Only for any missing data the substitute parameters used to estimate emissions in their absence. 

TT ............. 98.466(a)(2) ........................ All. 

TT ............. 98.466(a)(3) ........................ Only last year the landfill accepted waste (for closed landfills using Equation TT–4). 

TT ............. 98.466(a)(4) ........................ Only capacity of the landfill in metric tons (for closed landfills using Equation TT–4). 

TT ............. 98.466(c)(1) ........................ All. 

TT ............. 98.466(c)(4)(i) ..................... All. 

TT ............. 98.466(c)(4)(ii) .................... All. 

TT ............. 98.466(c)(4)(iii) ................... All. 

TT ............. 98.466(d)(1) ........................ All. 

TT ............. 98.466(d)(2) ........................ Only degradable organic carbon (DOCX) value used in calculations. 

TT ............. 98.466(d)(3) ........................ Only fraction of CH4 in landfill gas. 

TT ............. 98.466(e)(2) ........................ Only surface area (in square meters) at the start of the reporting year for the landfill sections that 

contain waste and that are associated with the selected cover type (for facilities using a landfill 

gas collection system). 

TT ............. 98.466(f) ............................. All. 

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

THE REPORTING DEADLINE IS MARCH 31, 2015 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in 

the cited paragraph are not required to be reported until March 31, 2015) 

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

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

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

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

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

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

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

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

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

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

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

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

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

E ............... 98.56(b) .............................. All. 

E ............... 98.56(c) .............................. All. 

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

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

E ............... 98.56(j)(1) ........................... All. 

E ............... 98.56(j)(3) ........................... All. 

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

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

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

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

F ............... 98.66(a) .............................. All. 

F ............... 98.66(c)(2) .......................... All. 

F ............... 98.66(c)(3) .......................... Only smelter-specific slope coefficients and overvoltage emission factors.

F ............... 98.66(e)(1) .......................... Only annual anode consumption (No CEMS). 

F ............... 98.66(f)(1) ........................... Only annual paste consumption (No CEMS). 

F ............... 98.66(g) .............................. All. 

G .............. 98.76(b)(2) .......................... All. 

G .............. 98.76(b)(7) .......................... All. 

G .............. 98.76(b)(8) .......................... All. 

G .............. 98.76(b)(9) .......................... All. 

G .............. 98.76(b)(10) ........................ All. 

G .............. 98.76(b)(11) ........................ All. 

H ............... 98.86(b)(2) .......................... All. 

H ............... 98.86(b)(5) .......................... All. 

H ............... 98.86(b)(6) .......................... All. 

H ............... 98.86(b)(8) .......................... All. 

H ............... 98.86(b)(10) ........................ All. 


srobinson on DSK4SPTVN1PROD with RULES
53068 Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 

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

THE REPORTING DEADLINE IS MARCH 31, 2015—Continued 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in 

the cited paragraph are not required to be reported until March 31, 2015) 

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

H ............... 98.86(b)(12) ........................ All. 

H ............... 98.86(b)(13) ........................ All. 

H ............... 98.86(b)(15) ........................ Only monthly kiln-specific clinker factors (if used) for each kiln. 

I ................ 98.96(f)(1) ........................... All. 

I ................ 98.96(g) .............................. Only annual consumption of the gas (excluding annual consumption of gases for which the reporter 

did not calculate emissions using Equations I–6, I–7, I–8, I–9, and I–10 of subpart L). 

I ................ 98.96(h) .............................. All. 

I ................ 98.96(i) ............................... All. 

I ................ 98.96(j) ............................... All. 

I ................ 98.96(k) .............................. All. 

I ................ 98.96(l) ............................... All. 

I ................ 98.96(n) .............................. All. 

I ................ 98.96(o) .............................. All. 

I ................ 98.96(q)(2) .......................... Only inputs and results of calculations made accounting for the uptime of abatement systems used 

during the reporting year. 

I ................ 98.96(q)(3) .......................... All. 

I ................ 98.96(q)(5)(iv) ..................... Only inputs used to calculate the class average. 

I ................ 98.96(r) ............................... All. 

I ................ 98.96(s) .............................. Only estimates of inputs into the heat transfer fluid mass balance equation. 

K ............... 98.116(b) ............................ Only annual production by product from each EAF (No CEMS). 

K ............... 98.116(e)(4) ........................ All. 

K ............... 98.116(e)(5) ........................ All. 

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)(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. 

N ............... 98.146(b)(2) ........................ Only annual quantity of carbonate based-raw material charged to each continuous glass melting furnace. 

N ............... 98.146(b)(4) ........................ All. 

N ............... 98.146(b)(6) ........................ All. 

O .............. 98.156(a)(2) ........................ All. 

O .............. 98.156(a)(7) ........................ All. 

O .............. 98.156(a)(8) ........................ All. 

O .............. 98.156(a)(9) ........................ All. 

O .............. 98.156(a)(10) ...................... All. 

O .............. 98.156(b)(1) ........................ All. 

O .............. 98.156(b)(2) ........................ All. 

O .............. 98.156(d)(1) ........................ All. 

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

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

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

O .............. 98.156(d)(5) ........................ All. 

O .............. 98.156(e)(1) ........................ All. 

P ............... 98.166(b)(2) ........................ All. 

P ............... 98.166(b)(5) ........................ All. 

P ............... 98.166(b)(6) ........................ All. 

Q .............. 98.176(b) ............................ Only annual quantity taconite pellets, coke, iron, and raw steel (No CEMS).

Q .............. 98.176(e)(1) ........................ All. 

Q .............. 98.176(e)(3) ........................ All. 

Q .............. 98.176(e)(4) ........................ All. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 53069 

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

THE REPORTING DEADLINE IS MARCH 31, 2015—Continued 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in 

the cited paragraph are not required to be reported until March 31, 2015) 

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

Q .............. 98.176(f)(2) ......................... All. 

Q .............. 98.176(f)(3) ......................... All. 

Q .............. 98.176(f)(4) ......................... All. 

Q .............. 98.176(g) ............................ All. 

R ............... 98.186(b)(6) ........................ All. 

R ............... 98.186(b)(7) ........................ All. 

S ............... 98.196(b)(2) ........................ All. 

S ............... 98.196(b)(3) ........................ All. 

S ............... 98.196(b)(5) ........................ All. 

S ............... 98.196(b)(6) ........................ All. 

S ............... 98.196(b)(8) ........................ All. 

S ............... 98.196(b)(10) ...................... All. 

S ............... 98.196(b)(11) ...................... All. 

S ............... 98.196(b)(12) ...................... All. 

U ............... 98.216(b) ............................ All. 

U ............... 98.216(e)(1) ........................ All. 

U ............... 98.216(e)(2) ........................ All. 

U ............... 98.216(f)(1) ......................... All. 

U ............... 98.216(f)(2) ......................... All. 

V ............... 98.226(c) ............................ All. 

V ............... 98.226(d) ............................ All. 

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

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

V ............... 98.226(m)(1) ....................... All. 

V ............... 98.226(m)(3) ....................... All. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


srobinson on DSK4SPTVN1PROD with RULES
53070 Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 

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

THE REPORTING DEADLINE IS MARCH 31, 2015—Continued 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in 

the cited paragraph are not required to be reported until March 31, 2015) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

X ............... 98.246(a)(4) ........................ Only monthly volume values, monthly mass values, monthly carbon content values, molecular 

weights for gaseous feedstocks, molecular weights for gaseous products, and indication of whether the alternative method in § 98.243(c)(4) was used. 

X ............... 98.246(b)(5)(iii) ................... All. 

X ............... 98.246(b)(5)(iv) ................... All. 

Y ............... 98.256(e)(6) ........................ Only molar volume conversion factor for each flare. 

Y ............... 98.256(e)(7) ........................ Only molar volume conversion factor for each flare. 

Y ............... 98.256(e)(7)(ii) .................... All. 

Y ............... 98.256(e)(9) ........................ Only annual volume of flare gas combusted, annual average higher heating value of the flare gas, 

volume of gas flared, average molecular weight, carbon content of the flare, and molar volume 

conversion factor if using Eq. Y–3. 

Y ............... 98.256(e)(10) ...................... Only fraction of carbon in the flare gas contributed by methane. 

Y ............... 98.256(f)(7) ......................... Only molar volume conversion factor. 

Y ............... 98.256(f)(10) ....................... Only coke burn-off factor, annual throughput of unit, and average carbon content of coke. 

Y ............... 98.256(f)(11) ....................... Only units of measure for the unit-specific CH4 emission factor, activity data for calculating emissions, and unit-specific emission factor for CH4. 

Y ............... 98.256(f)(12) ....................... Only unit-specific emission factor for N2O, units of measure for the unit-specific N2O emission factor, 

and activity data for calculating emissions. 

Y ............... 98.256(f)(13) ....................... Only average carbon content of coke. 

Y ............... 98.256(h)(4) ........................ All. 

Y ............... 98.256(h)(5) ........................ Only value of the correction, annual volume of recycled tail gas (if used to calculate recycling correction factor), and annual average mole fraction of carbon in the tail gas (if used to calculate recycling correction factor). 

Y ............... 98.256(i)(5) ......................... Only annual mass of green coke fed, carbon content of green coke fed, annual mass of marketable 

coke produced, carbon content of marketable coke produced, and annual mass of coke dust removed from the process. 

Y ............... 98.256(i)(7) ......................... Only the unit-specific CH4 emission factor, units of measure for unit-specific CH4 emission factor, 

and activity data for calculating emissions. 

Y ............... 98.256(i)(8) ......................... Only units of measure for the unit-specific factor, activity data used for calculating emissions, and 

site-specific emissions factor. 

Y ............... 98.256(j)(2) ......................... All. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Rules and Regulations 53071 

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

THE REPORTING DEADLINE IS MARCH 31, 2015—Continued 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 (‘‘All’’ means all data elements in 

the cited paragraph are not required to be reported until March 31, 2015) 

Y ............... 98.256(j)(5) ......................... Only CO2 emission factor. 

Y ............... 98.256(j)(6) ......................... Only CH4 emission factor. 

Y ............... 98.256(j)(7) ......................... Only carbon emission factor. 

Y ............... 98.256(j)(8) ......................... Only CO2 emission factor and carbon emission factor. 

Y ............... 98.256(j)(9) ......................... Only CH4 emission factor. 

Y ............... 98.256(k)(3) ........................ Only dimensions of coke drum or vessel, typical gauge pressure of the coking drum, typical void 

fraction of coke drum or vessel, annual number of coke-cutting cycles of coke drum or vessel, and 

molar volume conversion factor for each coke drum or vessel. 

Y ............... 98.256(k)(4) ........................ Only height and diameter of the coke drums, cumulative number of vessel openings for all delayed 

coking drums, typical venting pressure, void fraction, mole fraction of methane in coking gas. 

Y ............... 98.256(l)(5) ......................... Only molar volume conversion factor. 

Y ............... 98.256(m)(3) ....................... Only total quantity of crude oil plus the quantity of intermediate products received from off-site, CH4

emission factor used, and molar volume conversion factor. 

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

Y ............... 98.256(o)(2)(ii) .................... All. 

Y ............... 98.256(o)(4)(ii) .................... All. 

Y ............... 98.256(o)(4)(iii) ................... All. 

Y ............... 98.256(o)(4)(iv) ................... All. 

Y ............... 98.256(o)(4)(v) ................... All. 

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

Y ............... 98.256(o)(6) ........................ Only quantity of unstabilized crude oil received during the calendar year; average pressure differential; and mole fraction of CH4 in vent gas from the unstabilized crude oil storage tank. 

Y ............... 98.256(o)(7) ........................ All. 

Y ............... 98.256(p)(2) ........................ Only quantity of materials loaded that have an equilibrium vapor-phase concentration of CH4 of 0.5 

volume percent or greater. 

Z ............... 98.266(f)(5) ......................... All. 

Z ............... 98.266(f)(6) ......................... All. 

AA ............ 98.276(b) ............................ All. 

AA ............ 98.276(c) ............................ Only annual mass of the spent liquor solids combusted. 

AA ............ 98.276(d) ............................ All. 

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

AA ............ 98.276(f) ............................. All. 

AA ............ 98.276(g) ............................ All. 

AA ............ 98.276(h) ............................ All. 

AA ............ 98.276(i) ............................. All. 

BB ............ 98.286(b)(1) ........................ All. 

BB ............ 98.286(b)(4) ........................ All. 

BB ............ 98.286(b)(6) ........................ All. 

CC ............ 98.296(b)(5) ........................ Only monthly consumption of trona or liquid alkaline feedstock (for facilities using Equation CC–1). 

CC ............ 98.296(b)(6) ........................ Only monthly production of soda ash for each manufacturing line(for facilities using Equation CC–2). 

CC ............ 98.296(b)(7) ........................ All. 

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

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

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

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

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

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

EE ............ 98.316(b)(6) ........................ All. 

EE ............ 98.316(b)(9) ........................ All. 

GG ............ 98.336(b)(6) ........................ All. 

GG ............ 98.336(b)(7) ........................ All. 

GG ............ 98.336(b)(10) ...................... All. 

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

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

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

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

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

TT ............. 98.466(c)(3)(i) ..................... All. 

TT ............. 98.466(c)(3)(ii) .................... Only waste disposal quantity and production quantity. 

TT ............. 98.466(c)(3)(iii) ................... All. 

[FR Doc. 2011–21727 Filed 8–24–11; 8:45 am] 

BILLING CODE 6560–50–P 


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