73750 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2009–0927; FRL–9919–70– 

OAR] 

RIN 2060–AR78 

Greenhouse Gas Reporting Program: 

Addition of Global Warming Potentials 

to the General Provisions and 

Amendments and Confidentiality 

Determinations for Fluorinated Gas 

Production 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is adding chemicalspecific and default global warming 

potentials (GWPs) for a number of 

fluorinated greenhouse gases (F–GHGs) 

and fluorinated heat transfer fluids (F– 

HTFs) to the general provisions of the 

Greenhouse Gas Reporting Rule. 

Currently, these fluorinated GHGs and 

HTFs are not assigned GWPs under the 

rule. The changes will increase the 

completeness and accuracy of the 

carbon dioxide (CO2)-equivalent 

emissions calculated and reported by 

suppliers and emitters of fluorinated 

GHGs and HTFs. The EPA is also 

making conforming changes to the 

provisions for the Electronics 

Manufacturing and Fluorinated Gas 

Production source categories. In 

addition, the EPA is amending certain 

provisions of the Fluorinated Gas 

Production source category to reduce 

the level of detail in which emissions 

are reported, eliminate the mass-balance 

emission calculation method, and 

clarify the emission factor method. 

These amendments also include an 

alternative verification approach for this 

source category in lieu of collecting 

certain data elements for which the EPA 

has identified disclosure concerns and 

for which the reporting deadline was 

deferred until March 31, 2015. In 

addition, this action establishes 

confidentiality determinations for 

certain reporting requirements of the 

Fluorinated Gas Production source 

category. 

DATES: This final rule is effective on 

January 1, 2015. 

ADDRESSES: 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Air Docket, EPA WJC West Building, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. This Docket 

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

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744 and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; email address: 

GHGReporting@epa.gov. For technical 

information, please go to the 

Greenhouse Gas Reporting Rule Program 

Web site at http://www.epa.gov/

ghgreporting/index.html. To submit a 

question, select Rule Help Center, 

followed by Contact Us. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of this final rule will 

also be available through the WWW. 

Following the Administrator’s signature, 

a copy of this action will be posted on 

the EPA’s Greenhouse Gas Reporting 

Program rule Web site at http://

www.epa.gov/ghgreporting/index.html. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. The Administrator 

determined that this action is subject to 

the provisions of Clean Air Act (CAA) 

section 307(d). See CAA section 

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

section 307(d) apply to ‘‘such other 

actions as the Administrator may 

determine’’). These are amendments to 

existing regulations and affect emitters 

and suppliers of fluorinated GHGs. 

Regulated categories and examples of 

affected entities include those listed in 

Table 1 of this preamble. 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

Electrical Equipment Use ......................... 221121 Electric bulk power transmission and control facilities. 

Electrical Equipment Manufacture or Refurbishment.33531 Power transmission and distribution switchgear and specialty transformers manufacturing facilities. 

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

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

334419 Liquid crystal display unit screens manufacturing facilities. 

334419 Micro-electro-mechanical systems manufacturing facilities. 

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

Importers and Exporters of Pre-charged 

Equipment and Closed-Cell Foams.

423730 

333415 

Air-conditioning equipment (except room units) merchant wholesalers. 

Air-conditioning equipment (except motor vehicle) manufacturing. 

336391 Motor vehicle air-conditioning manufacturing. 

423620 Air-conditioners, room, merchant wholesalers. 

443111 Household appliance stores. 

423730 Automotive air-conditioners merchant wholesalers. 

326150 Polyurethane foam products manufacturing. 

335313 Circuit breakers, power, manufacturing. 

423610 Circuit breakers merchant wholesalers. 

Magnesium Production ............................. 331419 Primary refiners of nonferrous metals by electrolytic methods. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities likely to be affected by this 

action. Types of facilities different from 

those listed in the table could also be 

subject to reporting requirements. To 

determine whether you are affected by 

this action, you should carefully 

examine the applicability criteria found 

in 40 CFR part 98, subpart A or the 

relevant criteria in subparts I, L, T, DD, 


tkelley on DSK3SPTVN1PROD with RULES3
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73751 

1Omnipoint Corp. v. FCC, 78 F3d 620, 630 (D.C. 

Cir. 1996), quoting U.S. v. Gavrilovic, 551 F.2d 

1099, 1105 (8th Cir. 1977). 

SS, OO, and QQ. If you have questions 

regarding the applicability of this action 

to a particular facility, consult the 

person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

What is the effective date? The final 

rule is effective on January 1, 2015. 

Section 553(d) of the Administrative 

Procedure Act (APA), 5 U.S.C. Chapter 

5, generally provides that rules may not 

take effect earlier than 30 days after they 

are published in the Federal Register. 

EPA is issuing this final rule under 

section 307(d)(1) of the Clean Air Act, 

which states: ‘‘The provisions of section 

553 through 557 * * * of Title 5 shall 

not, except as expressly provided in this 

section, apply to actions to which this 

subsection applies.’’ Thus, section 

553(d) of the APA does not apply to this 

rule. EPA is nevertheless acting 

consistently with the purposes 

underlying APA section 553(d) in 

making this rule effective on January 1, 

2015. Section 5 U.S.C. 553(d)(3) allows 

an effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ As explained 

below, EPA finds that there is good 

cause for this rule to become effective 

on January 1, 2015, even though this 

may result in an effective date fewer 

than 30 days from date of publication in 

the Federal Register. 

While this action is being signed prior 

to December 1, 2014, there is likely to 

be a significant delay in the publication 

of this rule as it contains complex 

equations and tables and is relatively 

long. As an example, then-Acting 

Administrator Bob Perciasepe signed 

the proposed 2013 Revisions Rule on 

March 8, 2013, but the proposed rule 

was not published in the Federal 

Register until April 2, 2013. 

The purpose of the 30-day waiting 

period prescribed in 5 U.S.C. 553(d) is 

to give affected parties a reasonable time 

to adjust their behavior and prepare 

before the final rule takes effect. To 

employ the 5 U.S.C. 553(d)(3) ‘‘good 

cause’’ exemption, an agency must 

‘‘balance the necessity for immediate 

implementation against principles of 

fundamental fairness which require that 

all affected persons be afforded a 

reasonable amount of time to prepare for 

the effective date of its ruling.’’ 1 Where, 

as here, the final rule will be signed and 

made available on the EPA Web site 

more than 30 days before the effective 

date, but where the publication is likely 

to be delayed due to the complexity and 

length of the rule, the regulated entities 

are afforded this reasonable amount of 

time. This is particularly true given that 

most of the revisions being made in this 

package provide flexibilities to sources 

covered by the reporting rule or require 

no additional action by affected sources. 

We do not anticipate that finalizing the 

GWPs in this action will expand the set 

of facilities required to report under the 

Greenhouse Gas Reporting rule. 

However, in the event that this occurs, 

these amendments include flexibility 

provisions such as Best Available 

Monitoring Methods. We balance these 

circumstances with the need for the 

amendments to be effective by January 

1, 2015; a delayed effective date would 

result in regulatory uncertainty, 

program disruption, and an inability to 

have the amendments (many of which 

clarify requirements, relieve burden, 

and/or are made at the request of the 

regulated facilities) effective for the 

2015 reporting year. Accordingly, we 

find good cause exists to make this rule 

effective on January 1, 2015, consistent 

with the purposes of 5 U.S.C. 553(d)(3). 

Judicial Review. Under CAA section 

307(b)(1), 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 February 9, 2015. Under CAA 

section 307(d)(7)(B), only an objection 

to this final rule that was raised with 

reasonable specificity during the period 

for public comment can be raised during 

judicial review. Section 307(d)(7)(B) of 

the CAA also provides a mechanism for 

the EPA to convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, Environmental 

Protection Agency, Room 3000, EPA 

WJC West Building, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460, with 

a copy to the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20004. Note that under CAA section 

307(b)(2), the requirements established 

by this final rule may not be challenged 

separately in any civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

APA Administrative Procedure Act 

AR4 IPCC Fourth Assessment Report 

AR5 IPCC Fifth Assessment Report 

CAA Clean Air Act 

CBI confidential business information 

CFC chlorofluorocarbon 

CFR Code of Federal Regulations 

CH4 methane 

CO2 carbon dioxide 

CO2e carbon dioxide equivalent 

DE destruction efficiency 

EAR Export Administration Regulations 

EF emission factor 

ECF emission calculation factor 

e-GGRT Electronic Greenhouse Gas 

Reporting Tool 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

F–GHG fluorinated greenhouse gas 

F–HTF fluorinated heat transfer fluid 

GHG greenhouse gas 

GHGRP Greenhouse Gas Reporting Program 

GWP global warming potential 

HCFC hydrochlorofluorocarbon 

HCFE hydrochlorofluoroether 

HFC hydrofluorocarbon 

HFE hydrofluoroether 

HQ Headquarters 

IPCC Intergovernmental Panel on Climate 

Change 

Kg kilograms 

Mscf thousand standard cubic feet 

mtCO2e metric tons carbon dioxide 

equivalent 

N2O nitrous oxide 

NAICS North American Industry 

Classification System 

NF3 nitrogen trifluoride 

NODA Notice of Data Availability 

NTTAA National Technology Transfer and 

Advancement Act of 1995 

OMB Office of Management and Budget 

PFC perfluorocarbon 

RFA Regulatory Flexibility Act 

RY reporting year 

SAR Second Assessment Report 

SF6 sulfur hexafluoride 

TAR Third Assessment Report 

TPY tons per year 

UMRA Unfunded Mandates Reform Act of 

1995 

UNFCCC United Nations Framework 

Convention on Climate Change 

U.S. United States 

WWW Worldwide Web 

Organization of This Document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

A. How is this preamble organized? 

B. Overview of Previously Proposed 

Actions Being Finalized in This Final 

Rule 

C. Background on the GHG Reporting Rule 

D. Legal Authority 

E. Summary of Final Amendments 

F. When will these amendments apply? 

G. Relationship Between This Final Rule, 

the Proposed Rule To Add GWPs to 


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73752 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

Table A–1, and the Proposed 

Amendments to Subpart L 

H. How will these amendments affect 

confidentiality determinations? 

II. Overview of Final Amendments and 

Responses to Public Comments 

A. Amendments to Table A–1 

B. Amendments to Subpart L Reporting 

Requirements 

C. Removal of the Mass-Balance Method 

From Subpart L 

D. Clarification of the Subpart L Emission 

Factor Method 

III. Overview and Approach to Final CBI 

Determinations 

A. Final Confidentiality Determinations for 

New, Revised, and Unchanged Data 

Elements 

B. Public Comments on the Proposed 

Confidentiality Determinations and 

Responses to Public Comment 

IV. Impacts of the Final Rule 

A. How were the costs of this final rule 

estimated? 

B. Do the final confidentiality 

determinations change the impacts of the 

final amendments? 

V. 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 an overview of the previously 

proposed actions being finalized by 

today’s final rule, background 

information regarding the Greenhouse 

Gas Reporting Program (GHGRP), an 

overview of the final amendments, 

information on when the amendments 

become effective, how this rule affects 

confidentiality determinations, and how 

this rule relates to other GHG reporting 

actions. This section also discusses the 

EPA’s use of our legal authority under 

the CAA to collect data under the 

Greenhouse Gas Reporting Rule, 

hereinafter referred to as the ‘‘GHG 

Reporting Rule’’ or ‘‘Part 98.’’ 

The second section of this preamble is 

organized by the provisions being 

amended (e.g., addition of chemicalspecific and default GWPs to the general 

provisions, emission reporting 

requirements for fluorinated gas 

production, etc.). For each set of 

provisions, the preamble describes the 

amendments that are being finalized, 

summarizes the changes since the 

proposed rule(s), summarizes the 

significant public comments received, 

and presents the EPA’s response to 

those comments. Additional comments 

and responses can be found in the 

document, ‘‘Response to Public 

Comments on Proposed Addition of 

GWPs to Subpart A and Proposed 

Amendments to Subpart L’’ in Docket 

number EPA–HQ–OAR–2009–0927. 

The third section of this preamble 

discusses the confidentiality 

determinations for the data reporting 

elements in subpart L as amended by 

today’s action. 

The fourth section of this preamble 

discusses the economic impacts of the 

amendments. 

Finally, the fifth section of this 

preamble discusses the various statutory 

and executive order requirements 

applicable to this action. 

B. Overview of Previously Proposed 

Actions Being Finalized in This Final 

Rule 

In today’s final rule, we are finalizing 

amendments and determinations 

proposed in four separate previous 

actions. The amendments and 

determinations that we are finalizing 

from three of these actions are 

specifically related to Fluorinated Gas 

Production (subpart L). The four actions 

include, in chronological order: 

• The proposed rule entitled 

‘‘Proposed Confidentiality 

Determinations for Data Elements Under 

the Mandatory Reporting of Greenhouse 

Gases Rule’’ (hereinafter referred to as 

‘‘2012 Proposed Confidentiality 

Determinations’’), published on January 

10, 2012 (77 FR 1434). As discussed 

further in Section III of this preamble, 

we are finalizing many of the 

confidentiality determinations that were 

proposed in that action for the subpart 

L data elements that are not being 

removed or substantially revised 

elsewhere in this action. 

• The proposed rule entitled 

‘‘Revisions to Reporting and 

Recordkeeping Requirements, and 

Proposed Confidentiality 

Determinations Under the Greenhouse 

Gas Reporting Program’’ (hereinafter 

referred to as the ‘‘Proposed Inputs 

Rule’’), published on September 11, 

2013 (78 FR 55994). We are finalizing 

the revisions proposed in that action to 

the subpart L reporting and 

recordkeeping requirements, with 

certain changes as discussed in Section 

II.B of this preamble. 

• The proposed rule entitled 

‘‘Greenhouse Gas Reporting Program: 

Amendments and Confidentiality 

Determinations for Fluorinated Gas 

Production’’ (hereinafter referred to as 

‘‘Proposed Amendments to Subpart L’’), 

published on November 19, 2013 (78 FR 

69337). We are finalizing that action, 

including the proposed confidentiality 

determinations for new or substantially 

revised data elements, with certain 

changes as discussed in Sections II.B 

and III of this preamble. 

• The proposed rule entitled 

‘‘Greenhouse Gas Reporting Program: 

Addition of Global Warming Potentials’’ 

(hereinafter referred to as ‘‘Proposed 

Rule to Add GWPs’’), published on July 

31, 2014 (79 FR 44332). We are 

finalizing that action with certain 

changes as discussed in Section II.A of 

this preamble. 

More background on the proposed 

amendments and determinations is 

provided in Sections I.C and III of this 

preamble. 

C. Background on the GHG Reporting 

Rule 

Part 98 was initially published in the 

Federal Register on October 30, 2009 

(74 FR 56260). Part 98 became effective 

on December 29, 2009, and requires 

reporting of GHGs from certain facilities 

and suppliers. A subsequent document 

finalizing reporting requirements for 

Fluorinated Gas Production was 

published on December 1, 2010 (75 FR 

74774). (The final rule published on 

December 1, 2010 is hereinafter referred 

to as the ‘‘2010 Subpart L Rule’’). 

1. Background on Addition of GWPs to 

Subpart A 

Table A–1 to subpart A of 40 CFR part 

98 (Table A–1) is a compendium of 

GWP values of certain GHGs that are 

required to be reported under one or 

more subparts of the GHG Reporting 

Rule. These GWPs are used to convert 

tons of chemical into tons of CO2- 

equivalent (CO2e) for purposes of 

various calculations and reporting 

under the rule. As indicated in the 

Federal Register document for the final 

Part 98 (74 FR 56348), it is the EPA’s 

intent to periodically update Table A– 

1 as GWPs are evaluated or reevaluated 

by the scientific community. This will 

provide a more accurate and complete 

account of the atmospheric impacts of 

GHG emissions and supplies. 

GWPs that have been newly evaluated 

or reevaluated in the peer-reviewed 


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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73753 

2 IPCC Fourth Assessment Report (AR4), 2007. 

Climate Change 2007: The Physical Science Basis. 

Contribution of Working Group I to the Fourth 

Assessment Report of the Intergovernmental Panel 

on Climate Change [Core Writing Team, Pachauri, 

R.K and Reisinger, A. (eds.)]. IPCC, Geneva, 

Switzerland, 104 pp. 

3Langbein, T., H. Sonntag, D. Trapp, A. 

Hoffmann, W. Malms, E.-P. Ro ̈th, V. Mo ̈rs and R. 

Zellner, 1999. ‘‘Volatile anaesthetics and the 

atmosphere: atmospheric lifetimes and atmospheric 

effects of halothane, enflurane, isoflurane, 

desflurane and sevoflurane.’’ British Journal of 

Anaesthetics 82 (1): 66–73, discussed in the 

Technical Support Document for Industrial Gas 

Supply: Production, Transformation, and 

Destruction of Fluorinated GHGs and N2O, Office of 

Air and Radiation, USEPA, February 6, 2009. 

4 IPCC, 2013: Climate Change 2013: The Physical 

Science Basis. Contribution of Working Group I to 

the Fifth Assessment Report of the 

Intergovernmental Panel on Climate Change 

[Stocker, T.F., D. Qin, G.K. Plattner, M. Tignor, S.K. 

Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex and 

P.M. Midgley (eds.)]. Cambridge University Press, 

Cambridge, United Kingdom and New York, NY, 

USA, 1535 pp. 

5Such reports have been received under subparts 

I, L, OO, and QQ. 

6For most subparts, including subparts I, OO, and 

QQ, reporters have been required to report CO2e 

only for fluorinated GHGs listed in Table A–1. 

Subpart I included a default GWP of 2,000 for 

purposes of various calculations (but not reporting). 

Subpart L included default GWPs of 2,000 and 

10,000 for purposes of both calculations and 

reporting. 

7As discussed in the actions for the proposed and 

final 2013 Revisions Rule, the IPCC publishes 

Scientific Assessment Reports, including updated 

and expanded sets of GWPs, approximately every 

six years. The countries that submit annual GHG 

inventories under the UNFCCC update the GWPs 

that they use for those inventories less frequently. 

For example, the GWPs from the IPCC SAR have 

been used for UNFCCC reporting for over a decade. 

8We had not included these compounds in the 

proposed 2013 Revisions Rule because 

documentation for GWPs for these compounds was 

limited at the time that the proposal was being 

prepared. We subsequently received more 

documentation from the compounds’ 

manufacturers. 

scientific literature are periodically 

consolidated and published by the 

Intergovernmental Panel on Climate 

Change (IPCC). The initial Table A–1 

finalized in the 2009 GHG Reporting 

Rule included GWP values from the 

Second Assessment Report (SAR) and, 

for gases that were not included in SAR, 

from the Fourth Assessment Report 2

(hereinafter referred to as ‘‘IPCC AR4’’ 

or ‘‘AR4’’). (In addition, Table A–1 

included a GWP for one fluorinated 

GHG that had been published in the 

peer-reviewed literature but not an IPCC 

report, the GWP for sevoflurane.) 3 The 

IPCC recently published the Fifth 

Assessment Report (AR5), which 

contains GWPs for a number of 

fluorinated GHGs that were not 

included in either SAR or AR4.4

The scope of the fluorinated 

compounds reported under the GHGRP 

is established by the definition of 

‘‘fluorinated GHG’’ at 40 CFR 98.6 (and, 

for subpart I, ‘‘fluorinated HTF’’ at 40 

CFR 98.98), rather than by inclusion in 

Table A–1. The EPA therefore receives 

reports of emissions and supplies for a 

number of fluorinated compounds that 

have not had GWPs included in Table 

A–1.5 These supplies, and a large 

fraction of these emissions, have been 

assigned a GWP of zero for purposes of 

GHGRP calculations and reporting, 

including threshold determinations.6

As discussed in the Proposed Rule to 

Add GWPs, the EPA has recently 

undertaken several efforts to improve 

the quality and completeness of the 

GWPs used to calculate and report 

emissions under the GHGRP. On 

November 29, 2013, we published the 

final rule entitled ‘‘2013 Revisions to 

the Greenhouse Gas Reporting Rule and 

Final Confidentiality Determinations for 

New or Substantially Revised Data 

Elements’’ (78 FR 71904, November 29, 

2013; hereinafter referred to as ‘‘final 

2013 Revisions Rule’’). That rule 

amended Table A–1 to update the GWPs 

for GHGs included in AR4 to the AR4 

values. The revisions improved the 

quality of reported CO2e emissions and 

supply by reflecting improved scientific 

understanding (since the publication of 

SAR) of the radiative forcing and 

atmospheric lifetimes of the GHGs that 

have GWPs in AR4. In addition, for 

those GHGs, the revisions ensured 

comparability of data collected in the 

GHGRP to the Inventory of U.S. 

Greenhouse Gas Emissions and Sinks 

that the EPA compiles annually to meet 

international commitments under the 

United Nations Framework Convention 

on Climate Change (UNFCCC). 

Countries that submit GHG inventories 

under the UNFCCC have decided to use 

AR4 GWPs for the GHGs that have AR4 

GWPs, beginning with the inventories 

submitted in 2015.7

On April 5, 2013, we published a 

Notice of Data Availability (NODA) (78 

FR 20632) regarding another 43 

fluorinated GHGs and HTFs whose 

GWPs were not included in Table A–1.8

On November 19, 2013, we published 

the Proposed Amendments to Subpart L, 

including a proposed amendment to 

establish within subpart L a new set of 

default GWPs by fluorinated GHG group 

for the emissions calculated and 

reported under that subpart. The 

proposed set of five default GWPs was 

intended to replace the current set of 

two default GWPs in subpart L 

(discussed further in Section I.C.2 of 

this preamble) that are applied to 

fluorinated GHGs that are not included 

in Table A–1, increasing the precision 

and accuracy of calculated CO2e 

emissions. We requested and received 

comments on the GWP-related 

information made available by the 

NODA and on the proposed fluorinated 

GHG groups and associated default 

GWPs included in the Proposed 

Amendments to Subpart L. 

On July 31, 2014, after considering the 

public comments on all of the actions 

described above, we published the 

Proposed Rule to Add GWPs, in which 

we proposed to amend Table A–1 to add 

chemical-specific and default GWPs. 

The 103 proposed chemical-specific 

GWPs were primarily drawn from the 

Fifth Assessment Report (AR5). The 

eight proposed default GWPs were 

intended for fluorinated GHGs and 

fluorinated HTFs for which peerreviewed GWPs are not available in 

AR4, AR5, or other sources, and they 

were calculated and applied based on 

fluorinated GHG group. Each 

fluorinated GHG group was composed 

of compounds with similar chemical 

structures, which have similar 

atmospheric lifetimes and GWPs. 

The Proposed Rule to Add GWPs 

reflected our efforts to weigh multiple 

considerations in updating the set of 

GWPs used under the GHGRP, 

including the accuracy of the GWPs, the 

consistency of those GWPs with the 

GWPs used in other national and 

international programs, the 

predictability and stability of the GWPs, 

the source of the GWPs, and the impacts 

of those GWPs on other regulatory 

programs. In the proposed rule, we 

weighed these considerations in the 

context of proposing to add GWPs for 

GHGs that are not presently included in 

Table A–1. For such GHGs, the 

improvement in accuracy associated 

with listing a GWP in Table A–1 is 

likely to be large, because the alternative 

is generally to continue to assign these 

GHGs a GWP of zero for purposes of the 

calculations and reporting under the 

GHGRP. 

The EPA is finalizing the addition of 

both chemical-specific and default 

GWPs in this action, with certain 

changes following consideration of 

comments submitted. Responses to 

significant comments submitted on the 

proposed addition can be found in 

Section II of this preamble. 

2. Background on Amendments to 

Subpart L 

On January 10, 2012, the EPA 

published proposed determinations 

regarding whether the GHGRP data 

elements in eight subparts of Part 98, 

including subpart L, would or would 

not be entitled to confidential treatment 

under the CAA (77 FR 1434). In that 

proposed rule, the EPA proposed that 

the chemical identities and quantities of 

the fluorinated GHG emissions at the 


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73754 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

process level, reported under subpart L, 

are ‘‘emission data.’’ Under section 

114(c) of the CAA, ‘‘emission data’’ are 

not eligible for confidential treatment 

and must be made publicly available. 

The EPA received two comments on 

that proposed rule related to subpart L. 

The two commenters raised concerns 

that the disclosure of the identity and 

quantities of the fluorinated GHGs 

emitted at the process level, from either 

process vents or fugitive sources, would 

reveal ‘‘trade secrets’’ regarding 

individual chemical production 

processes. In response to these 

comments, the EPA promulgated two 

sets of amendments that deferred full 

subpart L reporting until March, 2015, 

and established temporary, less detailed 

reporting requirements for reporting 

years (RYs) 2011, 2012, and 2013 (77 FR 

51477, August 24, 2012, and 78 FR 

71904, November 29, 2013). This was 

intended to allow the EPA additional 

time to evaluate the concerns raised by 

the commenters and to consider how 

the rule might be changed to balance 

these concerns with the EPA’s need to 

obtain the data necessary to inform the 

development of future GHG policies and 

programs. The temporary provisions 

required facilities to report total 

fluorinated GHG emissions at the 

facility level in tons of CO2e and, to 

enable such reporting for fluorinated 

GHGs that did not have GWPs on Table 

A–1, established two default GWPs. 

On November 19, 2013, the EPA 

published the Proposed Amendments to 

Subpart L. In addition to the five default 

GWPs discussed in Section I.C.1 of this 

preamble, the proposed amendments 

included revisions to the reporting 

requirements of subpart L to allow more 

aggregated reporting (as compared to the 

2010 Subpart L rule) to address 

potential disclosure concerns; removal 

of the option to use the mass-balance 

approach; clarification of the emission 

factor approach; and various technical 

corrections. The EPA is finalizing those 

amendments in this action, with certain 

changes following consideration of 

comments submitted. Responses to 

significant comments submitted on the 

proposed amendments can be found in 

Section II of this preamble. 

On September 11, 2013 (78 FR 55994), 

the EPA published the Proposed Inputs 

Rule, in which we proposed 

amendments to the recordkeeping and 

reporting provisions of Part 98, 

including an alternative verification 

approach, to address the inputs to 

emission equations for which disclosure 

concerns were identified. The Proposed 

Inputs Rule included proposed 

revisions to the reporting and 

recordkeeping provisions of subpart L. 

On October 24, 2014, the EPA issued the 

Final Inputs Rule (79 FR 63750). In that 

rule, the EPA did not take final action 

on the subpart L inputs to emission 

equations but expressed its intent to 

address those inputs in a separate 

rulemaking (79 FR 63754). We are 

finalizing in this action various 

proposals, including the abovementioned proposed revisions to 

subpart L inputs to emission equations 

(with certain changes discussed in 

Section II of this preamble), to 

consolidate all of the revisions to 

subpart L that are related to disclosure 

concerns. As described in the Proposed 

Inputs Rule (78 FR 55994), we evaluated 

the data elements for which reporting 

was deferred to 2015. Our evaluation 

involved a four-step process. The results 

of the final evaluation are documented 

in the four following memoranda 

available in the EPA’s Docket ID No. 

EPA–HQ–OAR–2010–0929: 

• ‘‘Summary of Data Collected to 

Support Determination of Public 

Availability of Inputs to Emission 

Equations for which Reporting was 

Deferred to March 31, 2015,’’ September 

2014. 

• ‘‘Final Evaluation of Competitive 

Harm from Disclosure of ‘Inputs to 

Equations’ Data Elements Deferred to 

March 31, 2015,’’ September 2014. 

• ‘‘Evaluation of Alternative 

Calculation Methods,’’ August 2013. 

• ‘‘Evaluation of Alternative 

Verification Approaches For 

Greenhouse Gas Reporting Rule 

Subparts for which Reporting of Inputs 

to Emission Equations was Deferred to 

March 31, 2015,’’ August 2013. 

D. Legal Authority 

The EPA is finalizing these rule 

amendments under its existing CAA 

authority provided in CAA section 114. 

As stated in the preamble to the 2009 

final GHG reporting rule (74 FR 56260, 

October 30, 2009), CAA section 

114(a)(1) provides the EPA broad 

authority to require the information 

required to be gathered by this rule 

because such data inform and are 

relevant to the EPA’s carrying out a 

wide variety of CAA provisions. See the 

preambles to the proposed (74 FR 

16448, April 10, 2009) and final Part 98 

(74 FR 56260) for further information. 

In addition, the EPA is finalizing 

confidentiality determinations for 

certain data elements required under the 

GHG Reporting Rule under its 

authorities provided in sections 114, 

301, and 307 of the CAA. As mentioned 

above, CAA section 114 provides the 

EPA authority to collect the information 

in Part 98. Section 114(c) requires that 

the EPA make publicly available 

information obtained under section 114 

except for information that is not 

emission data and that qualifies for 

confidential treatment. The 

Administrator has determined that this 

final rule is subject to the provisions of 

section 307(d) of the CAA. 

E. Summary of Final Amendments 

The EPA is amending the General 

Provisions of the Greenhouse Gas 

Reporting Rule as well as certain 

provisions of that rule that affect 

Fluorinated Gas Production facilities. 

The final amendments include the 

following changes: 

• Changes to the General Provisions 

(subpart A) and Conforming Changes to 

Electronics Manufacturing (subpart I) 

and Fluorinated Gas Production 

(subpart L): 

—Revision of Table A–1 to subpart A of 

40 CFR part 98 (Table A–1), the 

compendium of GWPs used to 

calculate CO2e under the GHGRP, to 

add chemical-specific GWPs for 

approximately 100 fluorinated GHGs. 

The chemical-specific GWPs are 

primarily drawn from AR5. 

—Revision of Table A–1 to add default 

GWPs for fluorinated GHGs and 

fluorinated HTFs for which peerreviewed GWPs are not available. 

These default GWPs are calculated 

and assigned based on fluorinated 

GHG group and are based on the 

chemical-specific GWPs for the 

compounds in Table A–1 as revised 

by this rule, that is, on a combination 

of AR4 and AR5 GWPs. 

—Conforming changes to subparts I and 

L, which previously included their 

own default GWPs for purposes of 

certain CO2e calculations. 

• Changes to Fluorinated Gas 

Production (subpart L): 

—Revision of the reporting 

requirements of subpart L to allow 

more aggregated reporting as 

compared to the 2010 Subpart L rule 

to address potential disclosure 

concerns (see Section II.B.1 of this 

preamble). 

—Addition of a requirement to use an 

EPA-provided inputs verification tool 

(IVT) for certain inputs to subpart L 

emission equations for which 

reporting was deferred to 2015 and for 

which disclosure concerns have been 

identified. 

—Removal of the requirement to report 

certain inputs to subpart L emission 

equations for which reporting was 

deferred to 2015 and for which 

disclosure concerns have been 

identified. (This includes the revising 

of Table A–7 in Subpart A.) 

—Removal of the requirement to report 

certain inputs to subpart L emission 


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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73755 

9With the exception of subpart L, we are not 

requiring or allowing reporters to submit revised 

certified reports for RYs 2010, 2011, 2012, or 2013 

with CO2e values calculated using the revised 

GWPs. This is the same approach as we adopted in 

the final Revisions Rule (78 FR 71939). 

10For one compound, CF3I, which was 

inadvertently excluded from Table A–1 previously, 

we are adding an AR4 GWP as proposed. 

equations for which reporting was 

deferred to 2015 due to their not being 

useful for data verification or 

informing future GHG policy 

development in the absence of other 

deferred inputs for which the 

reporting requirements are being 

removed. 

—Removal of the option to use the 

mass-balance approach. 

—Clarification of the emission factor 

approach. 

—Various technical corrections. 

F. When will these amendments apply? 

Amendments to Table A–1. The 

amendments to Table A–1 apply to 

reporting that occurs in calendar year 

2015 and subsequent years. For all 

subparts except subpart L, discussed 

below, this is limited to the reporting of 

data gathered in 2014 (i.e., RY 2014) and 

future years.9

Subpart L. With one exception, 

discussed below, the amendments apply 

to reporting under 40 CFR part 98, 

subpart L (subpart L) that occurs in 

calendar year 2015 and subsequent 

years. This includes reporting of 

information for RY 2014 and subsequent 

reporting years (i.e., information related 

to emissions that occur in 2014 and 

subsequent years). It also includes 

reporting of certain information for RYs 

2011, 2012, and 2013. We previously 

deferred full reporting for RYs 2011 and 

2012 under the rule titled ‘‘2012 

Technical Corrections, Clarifying and 

Other Amendments to the Greenhouse 

Gas Reporting Rule, and Confidentiality 

Determinations for Certain Data 

Elements of the Fluorinated Gas Source 

Category’’ (77 FR 51477; August 24, 

2012). We deferred full reporting for RY 

2013 under the Final 2013 Revisions 

Rule. 

Under today’s final action, the 

requirement to enter inputs to subpart L 

emission equations into IVT applies to 

RY 2015 and all subsequent reporting 

years. As discussed further in Section 

II.B.1 of this preamble, starting with RY 

2015 (which is required to be reported 

by March 31, 2016) will allow the EPA 

to develop a subpart L IVT module that 

integrates the subpart L reporting 

requirements being finalized in this 

action. 

G. Relationship Between This Final 

Rule, the Proposed Rule To Add GWPs 

to Table A–1, and the Proposed 

Amendments to Subpart L 

This rule is finalizing both the 

Proposed Rule to Add GWPs to Table 

A–1 and the Proposed Amendments to 

Subpart L. As discussed in the Proposed 

Rule to Add GWPs, the default GWPs 

that are being finalized in this action 

will apply across Part 98, including to 

subpart L. Thus, subpart L will no 

longer include its own default GWPs. 

This will simplify subpart L and ensure 

future as well as current consistency 

among the default GWPs applied across 

Part 98. 

H. How will these amendments affect 

confidentiality determinations? 

In this action, we are finalizing 

confidentiality determinations for 

certain subpart L data elements. The 

EPA proposed confidentiality 

determinations for the subpart L data 

elements (77 FR 1434, January 10, 

2012), and then proposed additional 

confidentiality determinations for new 

or substantially revised subpart L data 

elements (78 FR 69337, November 19, 

2013). The final confidentiality 

determinations for these data elements 

together with our rationale are 

discussed in detail in Section III.A of 

this preamble. For four of the existing 

data elements, we are not finalizing 

confidentiality determinations for the 

reasons discussed in Section III.A. In 

addition, as with inputs to emission 

equations in other Part 98 subparts, we 

are not finalizing confidentiality 

determinations for any subpart L inputs 

to emission equations data. Lastly, the 

amendments remove certain other 

existing subpart L reporting 

requirements, while continuing to 

require that records be kept of these 

elements. Because the EPA is finalizing 

the removal of these data elements, the 

EPA is not taking final action on the 

previously proposed confidentiality 

determinations for the removed data 

elements. 

II. Overview of Final Amendments and 

Responses to Public Comments 

A. Amendments to Table A–1 

1. Summary of Final Amendments to 

Table A–1 

As proposed, we are amending Table 

A–1 to subpart A of Part 98 to add 

chemical-specific and default GWPs. We 

are adding peer-reviewed, chemicalspecific GWPs for the 98 compounds 

listed in Table 2 of this preamble. To 

reflect the latest scientific consensus 

regarding fluorinated GHGs that do not 

have GWPs in AR4, we are adopting the 

GWPs provided for 97 of these 98 

compounds in Table 8.A.1 of AR5.10

TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1 

Common or trade name Chemical name(s) CAS No. Chemical formula AR5 GWP 

(100-year) 

Saturated HFCs 

Saturated HFCs with two or fewer carbon-hydrogen bonds 

HFC-227ca .................................. 1,1,1,2,2,3,3-Heptafluoropropane .................................................. 2252–84–8 CF3CF2CHF2 2640 

HFC-329p .................................... 1,1,1,2,2,3,3,4,4-Nonafluorobutane ................................................ 375–17–7 CHF2CF2CF2CF3 2360 

Saturated HFCs with three or more carbon-hydrogen bonds 

HFC-245cb .................................. 1,1,1,2,2-Pentafluoropropane ......................................................... 1814–88–6 CF3CF2CH3 4620 

HFC-245ea .................................. 1,1,2,3,3-Pentafluoropropane ......................................................... 24270–66–4 CHF2CHFCHF2 235 

HFC-245eb .................................. 1,1,1,2,3-Pentafluoropropane ......................................................... 431–31–2 CH2FCHFCF3 290 

HFC-263fb ................................... 1,1,1-Trifluoropropane .................................................................... 421–07–8 CH3CH2CF3 76 

HFC-272ca .................................. 2,2-Difluoropropane ........................................................................ 420–45–1 CH3CF2CH3 144 

Saturated PFCs 

PFC-6-1-12 .................................. Hexadecafluoroheptane ................................................................. 335–57–9 C7F16; CF3(CF2)5CF3 7820 


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TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1—Continued 

Common or trade name Chemical name(s) CAS No. Chemical formula AR5 GWP 

(100-year) 

PFC-7-1-18 .................................. Octadecafluorooctane ....................................................................

Perfluorodecalin (cis) .....................................................................

Perfluorodecalin (trans) ..................................................................

307–34–6 

60433–11–6 

60433–12–7 

C8F18; CF3(CF2)6CF3

Z-C10F18

E-C10F18

7620 

7240 

6290 

Saturated HFEs 

Saturated HFEs and HCFEs with one carbon-hydrogen bond 

HFE-329me3 ............................... 1,1,1,2,3,3-Hexafluoro-3-(trifluoromethoxy)propane ...................... 428454–68–6 CF3CFHCF2OCF3 4550 

1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2-tetrafluoroethoxy)-propane ... 3330–15–2 CF3CF2CF2OCHFCF3 6490 

Saturated HFEs and HCFEs with two carbon-hydrogen bonds 

HFE-236ca .................................. 1-(Difluoromethoxy)-1,1,2,2-tetrafluoroethane ............................... 32778–11–3 CHF2OCF2CHF2 4240 

HCFE-235ca2; enflurane ............ 2-Chloro-1-(difluoromethoxy)-1,1,2-trifluoroethane ........................ 13838–16–9 CHF2OCF2CHFCl 583 

HG-02 .......................................... 1-(Difluoromethoxy)-2-(2-(difluoromethoxy)-1,1,2,2- 

tetrafluoroethoxy)-1,1,2,2-tetrafluoroethane.

205367–61–9 HF2C-(OCF2CF2)2-OCF2H 3825 

HG-03 .......................................... 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12-Hexadecafluoro-2,5,8,11- 

tetraoxadodecane.

173350–37–3 HF2C-(OCF2CF2)3-OCF2H 3670 

HG-20 .......................................... (Difluoromethoxy)((difluoromethoxy)difluoromethoxy) 

difluoromethane.

249932–25–0 HF2C-(OCF2)2-OCF2H 5300 

HG-21 .......................................... 1,1,3,3,5,5,7,7,8,8,10,10-Dodecafluoro-2,4,6,9-tetraoxadecane .... 249932–26–1 HF2COCF2CF2OCF2OCF2OCF2H 

3890 

HG-30 .......................................... 1,1,3,3,5,5,7,7,9,9-Decafluoro-2,4,6,8-tetraoxanonane ................. 188690–77–9 HF2C-(OCF2)3-OCF2H 7330 

1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15-eicosafluoro2,5,8,11,14-Pentaoxapentadecane.173350–38–4 HCF2O(CF2CF2O)4CF2H 3630 

1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane .................................... 84011–06–3 CHF2CHFOCF3 1240 

Trifluoro(fluoromethoxy)methane ................................................... 2261–01–0 CH2FOCF3 751 

Saturated HFEs and HCFEs with three or more carbon-hydrogen bonds 

HFE-263m1; R-E-143a ............... 1,1,2,2-Tetrafluoro-1-(trifluoromethoxy)ethane .............................. 690–22–2 CF3OCH2CH3 29 

HFE-347mmz1; Sevoflurane ....... 2-(Difluoromethoxy)-1,1,1,3,3,3-hexafluoropropane ...................... 28523–86–6 (CF3)2CHOCH2F 216 

HFE-365mcf2 .............................. 1-Ethoxy-1,1,2,2,2-pentafluoroethane ............................................ 22052–81–9 CF3CF2OCH2CH3 58 

HFE-356mff2 ............................... bis(2,2,2-trifluoroethylTrifluoroethyl) ether ..................................... 333–36–8 CF3CH2OCH2CF3 17 

HG′-01 ......................................... 1,1,2,2-Tetrafluoro-1,2-dimethoxyethane ....................................... 73287–23–7 CH3OCF2CF2OCH3 222 

HG′-02 ......................................... 1,1,2,2-Tetrafluoro-1-methoxy-2-(1,1,2,2-tetrafluoro-2- 

methoxyethoxy)ethane.

485399–46–0 CH3O(CF2CF2O)2CH3 236 

HG′-03 ......................................... 3,3,4,4,6,6,7,7,9,9,10,10-Dodecafluoro-2,5,8,11- 

tetraoxadodecane.

485399–48–2 CH3O(CF2CF2O)3CH3 221 

Difluoro(methoxy)methane ............................................................. 359–15–9 CH3OCHF2 144 

2-Chloro-1,1,2-trifluoro-1-methoxyethane ...................................... 425–87–6 CH3OCF2CHFCl 122 

1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane .................................... 22052–86–4 CF3CF2CF2OCH2CH3 61 

2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5-bis[1,2,2,2- 

tetrafluoro-1-(trifluoromethyl)ethyl]-furan.

920979–28–8 C12H5F19O2 56 

1-Ethoxy-1,1,2,3,3,3-hexafluoropropane ........................................ 380–34–7 CF3CHFCF2OCH2CH3 23 

Fluoro(methoxy)methane ............................................................... 460–22–0 CH3OCH2F 13 

1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 2,2,3,3- 

tetrafluoropropyl ether.

60598–17–6 CHF2CF2CH2OCH3 0.49 

1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane ................................. 37031–31–5 CH2FOCF2CF2H 871 

Difluoro(fluoromethoxy)methane .................................................... 461–63–2 CH2FOCHF2 617 

Fluoro(fluoromethoxy)methane ...................................................... 462–51–1 CH2FOCH2F 130 

Fluorinated formates 

Trifluoromethyl formate .................................................................. 85358–65–2 HCOOCF3 588 

Perfluoroethyl formate .................................................................... 313064–40–3 HCOOCF2CF3 580 

1,2,2,2-Tetrafluoroethyl formate ..................................................... 481631–19–0 HCOOCHFCF3 470 

Perfluorobutyl formate .................................................................... 197218–56–7 HCOOCF2CF2CF2CF3 392 

Perfluoropropyl formate .................................................................. 271257–42–2 HCOOCF2CF2CF3 376 

1,1,1,3,3,3-Hexafluoropropan-2-yl formate .................................... 856766–70–6 HCOOCH(CF3)2 333 

2,2,2-Trifluoroethyl formate ............................................................ 32042–38–9 HCOOCH2CF3 33 

3,3,3-Trifluoropropyl formate .......................................................... 1344118–09–7 HCOOCH2CH2CF3 17 

Fluorinated acetates 

Methyl 2,2,2-trifluoroacetate ........................................................... 431–47–0 CF3COOCH3 52 

1,1-Difluoroethyl 2,2,2-trifluoroacetate ........................................... 1344118–13–3 CF3COOCF2CH3 31 

Difluoromethyl 2,2,2-trifluoroacetate .............................................. 2024–86–4 CF3COOCHF2 27 

2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate ....................................... 407–38–5 CF3COOCH2CF3 7 

Methyl 2,2-difluoroacetate .............................................................. 433–53–4 HCF2COOCH3 3 

Perfluoroethyl acetate .................................................................... 343269–97–6 CH3COOCF2CF3 2.1 

Trifluoromethyl acetate ................................................................... 74123–20–9 CH3COOCF3 2.0 

Perfluoropropyl acetate .................................................................. 1344118–10–0 CH3COOCF2CF2CF3 1.8 

Perfluorobutyl acetate .................................................................... 209597–28–4 CH3COOCF2CF2CF2CF3 1.6 

Ethyl 2,2,2-trifluoroacetate ............................................................. 383–63–1 CF3COOCH2CH3 1.3 

Carbonofluoridates 

Methyl carbonofluoridate ................................................................ 1538–06–3 FCOOCH3 95 


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TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1—Continued 

Common or trade name Chemical name(s) CAS No. Chemical formula AR5 GWP 

(100-year) 

1,1-Difluoroethyl carbonofluoridate ................................................ 1344118–11–1 FCOOCF2CH3 27 

Fluorinated alcohols other than fluorotelomer alcohols 

2,2,3,3,4,4,4-Heptafluorobutan-1-ol ............................................... 375–01–9 C3F7CH2OH 25 

2,2,2-Trifluoroethanol ..................................................................... 75–89–8 CF3CH2OH 20 

2,2,3,4,4,4-Hexafluoro-1-butanol .................................................... 382–31–0 CF3CHFCF2CH2OH 17 

2,2,3,3-Tetrafluoro-1-propanol ....................................................... 76–37–9 CHF2CF2CH2OH 13 

2,2-Difluoroethanol ......................................................................... 359–13–7 CHF2CH2OH 3 

2-Fluoroethanol .............................................................................. 371–62–0 CH2FCH2OH 1.1 

4,4,4-Trifluorobutan-1-ol ................................................................. 461–18–7 CF3(CH2)2CH2OH 0.05 

Unsaturated compounds 

Unsaturated PFCs 

PFC-1114; TFE ........................... Tetrafluoroethylene (TFE); Perfluoroethene .................................. 116–14–3 CF2=CF2; C2F4 0.004 

PFC-1216; Dyneon HFP ............. Hexafluoropropylene (HFP); Perfluoropropene ............................. 116–15–4 C3F6; CF3CF=CF2 0.05 

PFC C-1418 ................................ Perfluorocyclopentene; Octafluorocyclopentene ............................ 559–40–0 c-C5F8 1.97 

Perfluorobut-2-ene .........................................................................

Perfluorobut-1-ene .........................................................................

Perfluorobuta-1,3-diene ..................................................................

360–89–4 

357–26–6 

685–63–2 

CF3CF=CFCF3

CF3CF2CF=CF2

CF2=CFCF=CF2

1.82 

0.10 

0.003 

Unsaturated HFCs and unsaturated HCFCs 

HFC-1132a; VF2 ......................... Vinylidiene fluoride ......................................................................... 75–38–7 C2H2F2, CF2=CH2 0.04 

HFC-1141; VF ............................. Vinyl fluoride ................................................................................... 75–02–5 C2H3F, CH2=CHF 0.02 

(E)-HFC-1225ye .......................... (E)-1,2,3,3,3-Pentafluoroprop-1-ene .............................................. 5595–10–8 CF3CF=CHF(E) 0.06 

(Z)-HFC-1225ye .......................... (Z)-1,2,3,3,3-Pentafluoroprop-1-ene .............................................. 5528–43–8 CF3CF=CHF(Z) 0.22 

Solstice 1233zd(E) ...................... trans-1-Chloro-3,3,3-trifluoroprop-1-ene ........................................ 102687–65–0 C3H2ClF3; CHCl=CHCF3 1.34 

HFC-1234yf; HFO-1234yf ........... 2,3,3,3-Tetrafluoroprop-1-ene ........................................................ 754–12–1 C3H2F4; CF3CF=CH2 0.31 

HFC-1234ze(E) ........................... (E)-1,3,3,3-Tetrafluoroprop-1-ene .................................................. 1645–83–6 C3H2F4; trans-CF3CH=CHF 0.97 

HFC-1234ze(Z) ........................... (Z)-1,3,3,3-Tetrafluoroprop-1-ene .................................................. 29118–25–0 C3H2F4; cis-CF3CH=CHF; 

CF3CH=CHF 

0.29 

HFC-1243zf; TFP ........................ Trifluoro propene (TFP); 3,3,3-Trifluoroprop-1-ene ....................... 677–21–4 C3H3F3, CF3CH=CH2 0.12 

(Z)-HFC-1336 .............................. (Z)-1,1,1,4,4,4-Hexafluorobut-2-ene ............................................... 692–49–9 CF3CH=CHCF3(Z) 1.58 

HFO-1345zfc ............................... 3,3,4,4,4-Pentafluorobut-1-ene ...................................................... 374–27–6 C2F5CH=CH2 0.09 

Capstone 42-U ............................ Perfluorobutyl ethene (42-U); 3,3,4,4,5,5,6,6,6-Nonafluorohex-1- 

ene.

19430–93–4 C6H3F9, CF3(CF2)3CH=CH2 0.16 

Capstone 62-U ............................ Perfluorohexyl ethene (62-U); 3,3,4,4,5,5,6,6,7,7,8,8,8- 

Tridecafluorooct-1-ene.

25291–17–2 C8H3F13, CF3(CF2)5CH=CH2 0.11 

Capstone 82-U ............................ Perfluorooctyl ethene (82-U); 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- 

Heptadecafluorodec-1-ene.

21652–58–4 C10H3F17, 

CF3(CF2)7CH=CH2

0.09 

Unsaturated Halogenated Ethers 

PMVE; HFE-216 .......................... Perfluoromethyl vinyl ether (PMVE) ............................................... 1187–93–5 CF3OCFb=bCF2 0.17 

Fluoroxene .................................. (2,2,2-Trifluoroethoxy)ethene ......................................................... 406–90–6 CF3CH2OCH=CH2 0.05 

Other short-lived compounds 

Fluorinated Ketones 

Novec 1230 ................................. FK-5-1-12 Perfluoroketone; FK-5-1-12myy2; Perfluoro(2-methyl3-pentanone).756–13–8 CF3CF2C(O)CF (CF3)2 0.1 

Fluorinated Aldehydes 

3,3,3-Trifluoro-propanal .................................................................. 460–40–2 CF3CH2CHO 0.01 

Fluorotelomer Alcohols 

3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol ............................... 185689–57–0 CF3(CF2)4CH2CH2OH 0.43 

3,3,3-Trifluoropropan-1-ol ............................................................... 2240–88–2 CF3CH2CH2OH 0.35 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-Pentadecafluorononan-1-ol ............... 755–02–2 CF3(CF2)6CH2CH2OH 0.33 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11- 

Nonadecafluoroundecan-1-ol.

87017–97–8 CF3(CF2)8CH2CH2OH 0.19 

Compounds with carbon-iodine bonds 

Trifluoroiodomethane ..................................................................... 2314–97–8 CF3I a 0.4 

Other compounds 

Halon 1202 .................................. Dibromodifluoromethane ................................................................ 75–61–6 CBr2F2 231 

Halon-2311; Halothane ............... 2-Bromo-2-chloro-1,1,1-trifluoroethane .......................................... 151–67–7 CHBrClCF3 41 

aAR4. 


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73758 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

We are also adding 12 default GWPs 

to Table A–1 for fluorinated GHGs and 

HTFs that do not have peer-reviewed 

GWPs. As proposed, the default GWPs 

are based on the average GWPs of 

groups of chemically similar fluorinated 

GHGs because chemically similar 

fluorinated GHGs have similar 

atmospheric lifetimes and GWPs. The 

fluorinated GHG groups are: (1) Fully 

fluorinated GHGs and HTFs, (2) 

saturated hydrofluorocarbons (HFCs) 

with two or fewer carbon-hydrogen 

bonds, (3) saturated HFCs with three or 

more carbon-hydrogen bonds, (4) 

saturated hydrofluoroethers (HFEs) and 

hydrochlorofluoroethers (HCFEs) with 

one carbon-hydrogen bond, (5) saturated 

HFEs and HCFEs with two carbonhydrogen bonds, (6) saturated HFEs and 

HCFEs with three or more carbonhydrogen bonds, (7) fluorinated 

formates, (8) fluorinated acetates, 

carbonofluoridates, and fluorinated 

alcohols other than fluorotelomer 

alcohols, (9) unsaturated 

perfluorocarbons (PFCs), unsaturated 

HFCs, unsaturated 

hydrochlorofluorocarbons (HCFCs), 

unsaturated halogenated ethers, 

unsaturated halogenated esters, 

fluorinated aldehydes, and fluorinated 

ketones, (10) fluorotelomer alcohols, 

(11) fluorinated GHGs with carboniodine bonds, and (12) other fluorinated 

GHGs and HTFs. For each fluorinated 

GHG group, we are basing the default 

GWP on the average of the chemicalspecific GWPs of compounds that 

belong to that group and that are either 

on Table A–1 already or are being added 

to Table A–1 under this rule. The 

fluorinated GHG groups and associated 

default GWPs are listed in Table 3 of 

this preamble. We are also finalizing a 

requirement that if a fluorinated GHG 

does not have a chemical-specific GWP 

in Table A–1 of this subpart, reporters 

must report the fluorinated GHG group 

of which that fluorinated GHG is a 

member. This will allow the EPA to 

verify that the calculation of carbon 

dioxide equivalent was conducted 

correctly. 

Finally, although we do not anticipate 

that finalizing the GWPs in this action 

will expand the set of facilities required 

to report under the GHGRP, we are 

including special provisions for 

facilities that become newly subject to 

one or more subparts of Part 98 due to 

the addition of GWPs, as proposed. 

Facilities or suppliers that become 

newly subject to a subpart due to the 

addition of GWPs are not required to 

report their 2014 emissions or supplies 

under that subpart, but they are required 

to report their 2015 emissions or 

supplies under that subpart by March 

31, 2016. From January 1, 2015, to 

March 31, 2015, they may use best 

available monitoring methods (BAMM) 

for any parameter that cannot 

reasonably be measured according to the 

monitoring and QA/QC requirements of 

the subpart, and they may submit a 

request to EPA to use BAMM beyond 

March 31. That request must be 

submitted by January 31, 2015. 

TABLE 3—DEFAULT GWPS FOR ADDITION TO TABLE A–1 

Fluorinated GHG group GWP 

(100-year) 

Fully fluorinated GHGs ........................................................................................................................................................................ 10,000 

Saturated HFCs with two or fewer carbon-hydrogen bonds ............................................................................................................... 3,700 

Saturated HFCs with three or more carbon-hydrogen bonds ............................................................................................................. 930 

Saturated HFEs and HCFEs with one carbon-hydrogen bond ........................................................................................................... 5,700 

Saturated HFEs and HCFEs with two carbon-hydrogen bonds ......................................................................................................... 2,600 

Saturated HFEs and HCFEs with three or more carbon-hydrogen bonds ......................................................................................... 270 

Fluorinated formates ............................................................................................................................................................................ 350 

Fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols .............................................. 30 

Unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, 

fluorinated aldehydes, and fluorinated ketones ............................................................................................................................... 1 

Fluorotelomer alcohols ........................................................................................................................................................................ 1 

Fluorinated GHGs with carbon-iodine bond(s) .................................................................................................................................... 1 

Other fluorinated GHGs ....................................................................................................................................................................... 2000 

2. Changes From the Proposed Rule 

In the Proposed Rule to Add GWPs, 

we proposed to add 103 chemicalspecific GWPs and eight default GWPs 

to Table A–1. The proposed fluorinated 

GHG groups for which we proposed 

default GWPs were: (1) Fully fluorinated 

GHGs and HTFs, (2) saturated HFCs, (3) 

partially segregated saturated HFEs and 

HCFEs, (4) non-segregated saturated 

HFEs and HCFEs, (5) unsaturated PFCs, 

unsaturated HFCs, unsaturated HCFCs, 

unsaturated halogenated ethers, 

unsaturated halogenated esters, 

fluorinated aldehydes, and fluorinated 

ketones, (6) fluorotelomer alcohols, (7) 

fluorinated GHGs with carbon-iodine 

bonds, and (8) other GHGs and HTFs. 

The EPA is making minor changes to 

the proposed chemical-specific GWPs 

and is revising the fluorinated GHG 

groups and associated default GWPs 

based on comments. Regarding the 

chemical-specific GWPs, one 

commenter noted that two stereoisomers 

proposed for addition to Table A–1 had 

notation errors (switched E/Z notations); 

this has been corrected in the final 

Table A–1. The same commenter also 

observed that the proposed chemicalspecific GWPs included some duplicate 

compounds with different GWPs. In the 

final Table A–1, we have removed five 

duplicate compounds. Two sets of 

duplicates resulted from our inadvertent 

proposed addition to Table A–1 of a 

GWP for a chemical that already had a 

GWP listed. These included two 

fluorinated alcohols with the CAS 

numbers 422–05–9 and 920–66–1. In 

these cases, we are retaining the 

previously listed GWPs, based on AR4. 

Three sets of duplicates came from AR5. 

These included two HFEs and one 

fluorinated alcohol with the CAS 

numbers 173350–37–3, 205367–61–9, 

and 375–01–9, respectively. In these 

cases, we used the average of the two 

GWPs, since both values had appeared 

in the peer-reviewed literature and had 

been listed by the AR5 authors. With the 

removal of the five duplicate chemicals, 

a total of 98 chemical-specific GWPs are 

being added to Table A–1. 

We are making three changes to the 

proposed fluorinated GHG groups and 

default GWPs. First, we are dividing the 

group of saturated HFCs into two groups 

based on the number of carbonhydrogen bonds in the compound. 

Second, we are dividing the group of 

saturated HFEs and HCFEs into three 

groups based on the number of carbonhydrogen bonds in the compound rather 

than two groups based on the position 

of the fluorine atoms in the compound 


tkelley on DSK3SPTVN1PROD with RULES3
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73759 

11 In both the Proposed Amendments to Subpart 

L and the Proposed Rule to Add GWPs, we 

requested comment on the option of dividing the 

saturated HFCs and saturated HFEs into two or 

more groups each based on atmospheric lifetime or 

a structural characteristic (such as the number of 

carbon-hydrogen bonds) correlated with 

atmospheric lifetime (78 FR 69343 and 79 FR 

44341). On the Proposed Amendments to Subpart 

L, we received a comment recommending that we 

divide the saturated HFEs into two groups based on 

a characteristic correlated with atmospheric lifetime 

and GWP, the position of the fluorine atom. We 

received no negative comments on the option of 

dividing the groups into more groups based on 

atmospheric lifetime. 

12This value rose to 30 after the removal of the 

duplicate compounds, three of which were 

fluorinated alcohols in the ‘‘other’’ group. 

13The exception is the fluorinated GHGs that 

include bromine, which we are keeping in the 

‘‘Other fluorinated GHGs’’ category, as proposed. 

Although we proposed to group (and are grouping) 

fluorinated GHGs that include chlorine with similar 

fluorinated GHGs that do not include chlorine (e.g., 

grouping the HCFEs with the HFEs), we did not 

propose to take this approach with brominecontaining compounds, because their atmospheric 

behavior can be significantly different from that of 

similar fluorinated GHGs that do not contain 

bromine. For example, dibromodifluoromethane, 

which is a saturated compound consisting of 

carbon, fluorine, and bromine, is analogous to fully 

fluorinated GHGs, but it has a much shorter 

atmospheric lifetime and lower GWP than those 

compounds (231 vs. 10,000). (Other saturated 

compounds consisting of carbon, fluorine, and 

bromine, which are not included on Table A–1 

because they are regulated as ozone-depleting 

substances under 40 CFR part 82 and are therefore 

exempt from the definition of ‘‘fluorinated GHG,’’ 

have higher GWPs; but their average GWP of 2,400 

is still significantly lower than the average for fully 

fluorinated GHGs.) 2-bromo-2-chloro-1,1,1- 

trifluoroethane, which is a saturated compound 

consisting of carbon, fluorine, chlorine, bromine, 

and hydrogen, is analogous to HFCs that include 

two or fewer carbon-hydrogen bonds, but it has a 

much shorter atmospheric lifetime and lower GWP 

than those compounds (41 vs. 3700). 

(Dibromodifluoromethane and 2-bromo-2-chloro1,1,1-trifluoroethane are the only brominecontaining fluorinated GHGs with chemical-specific 

GWPs on Table A–1.) 

(segregated vs. partially segregated). 

Third, we are dividing the proposed 

‘‘other’’ category into three groups: (1) 

Fluorinated acetates, 

carbonofluoridates, and fluorinated 

alcohols other than fluorotelomer 

alcohols, (2) fluorinated formates, and 

(3) other fluorinated GHGs and HTFs. 

We discussed these options (or similar 

ones, as described below) in the 

proposed rule and supporting analyses. 

We received one comment supporting 

the division of the ‘‘other’’ category into 

three categories and received no 

negative comments on the other options. 

After further consideration, we have 

concluded that the advantages 

identified in the proposed rule of these 

approaches, which are discussed further 

below, merit their adoption. These 

changes result in the creation of four 

additional fluorinated GHG groups and 

default GWPs, increasing the total 

number of default GWPs from eight to 

12. As discussed further below, all of 

the changes are expected to increase the 

accuracy and precision of the default 

GWPs. 

As noted in the Proposed Rule to Add 

GWPs, the number of carbon-hydrogen 

bonds in each saturated HFC and HFE 

(and HCFE) is significantly correlated 

(negatively) with the atmospheric 

lifetime and GWP of that compound. 

For the saturated HFEs, the number of 

carbon-hydrogen bonds predicts the 

GWP more precisely than does the 

position of the fluorine atoms in the 

compound. Moreover, the number of 

carbon-hydrogen bonds in each 

compound is likely to be known, 

facilitating the correct categorization 

and default GWP selection for each 

saturated HFC or HFE that does not 

have a chemical-specific GWP on Table 

A–1. Thus, grouping the compounds 

according to the number of carbonhydrogen bonds overcomes the 

drawback we had identified in previous 

proposed rules 11 to dividing up the 

saturated HFCs and HFEs (and HCFEs) 

by atmospheric lifetime, which is that 

the atmospheric lifetime of a particular 

saturated HFC or HFE may not be 

known. This enables us to establish 

groups of saturated HFCs and HFEs that 

have similar GWPs and to set 

considerably more precise default GWPs 

for these groups. 

In the Proposed Rule to Add GWPs, 

we proposed to define the ‘‘other’’ group 

as including both specific compound 

types (i.e., fluorinated acetates, 

carbonofluoridates, fluorinated alcohols 

other than fluorotelomer alcohols, 

fluorinated formates, and brominated 

compounds) and other compound types 

not otherwise included in any of the 

proposed fluorinated GHG groups. We 

proposed to set the default GWP for the 

group at 110 based on the average of the 

GWPs that had been measured for the 

specific compound types in the group. 

However, we requested comment on the 

option of setting a higher default (2000) 

to account for the possibility that newly 

synthesized compound types (which 

would be assigned the default for the 

‘‘other’’ group) would have GWPs 

whose average was near the overall 

average for fluorinated GHGs. We noted 

that the disadvantage of this option was 

that it would apply an inappropriately 

high GWP to the specific compound 

types included in the group. 

In the supporting analysis for the 

proposed default GWPs, we further 

noted that the fluorinated formates had 

significantly higher GWPs than most of 

the other specific compound types in 

the ‘‘other’’ group. The average GWP for 

the formates was about 350, while that 

for most of the other identified 

compounds in the group was 20.12 (One 

other outlier in the group, 

dibromodifluoromethane (Halon 1202), 

has a GWP of 231.) Noting this 

difference, one commenter on the 

Proposed Rule to Add GWPs 

recommended separating the ‘‘other’’ 

group into three categories: Those with 

GWPs less than 20, those with GWPs 

between 20 and 100, and those with 

GWPs over 100. In addition, two 

commenters on the Proposed 

Amendments to Subpart L, which had 

included a similar grouping and default 

GWP for ‘‘other’’ compounds, had 

suggested separating compound types 

with average GWPs near 10 or 20 into 

a separate group. 

In the final rule, we are removing all 

but one of the identified, specific 

compound types from the ‘‘other’’ 

category and are separating them into 

two groups, each of which is defined to 

contain specific compound types.13

This approach allows us to set default 

GWPs that better reflect the average 

GWPs of both of the new, smaller 

groups. A default GWP of 350 is 

established for fluorinated formates, 

while a default of 30 is established for 

fluorinated acetates, carbonofluoridates, 

and fluorinated alcohols other than 

fluorotelomer alcohols. The new default 

GWPs differ by more than an order of 

magnitude, considerably increasing 

their precision for their respective 

groups. 

In addition, we are establishing a 

separate group for fluorinated GHGs that 

do not fall into any of the specific 

fluorinated GHG groups and are 

assigning it a default GWP of 2000. This 

‘‘catch-all’’ group, which retains the title 

‘‘Other fluorinated GHGs and HTFs,’’ 

includes types of fluorinated GHGs and 

HTFs whose GWPs have not been 

studied. Given the removal of most of 

the specific, relatively low-GWP 

compound types from this group, a 

default GWP of 2000 is likely to better 

estimate the GWPs of the compounds 

that remain in the group than the 

proposed default GWP of 110, which 

was based on the GWP values for a 

small, unrepresentative subset of 

fluorinated GHGs (i.e., acetates, 

fluoridates, fluorinated alcohols other 

than fluorotelomer alcohols, and 

formates). The default of 2000 is based 

on the average for all fluorinated GHGs. 

Where the GWPs of particular 

fluorinated GHG groups have not been 

published in the peer-reviewed 

literature, it is reasonable to assume 

they may fall anywhere on the 

continuum of GWPs measured for 

fluorinated GHGs in general. Based on 


tkelley on DSK3SPTVN1PROD with RULES3
73760 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

14Memorandum for Janet G. McCabe and Cynthia 

Giles to Regional Administrators, Next Steps and 

Preliminary Views on the Application of Clean Air 

Act Permitting Programs to Greenhouse Gases 

Following the Supreme Court’s Decision in Utility 

Air Regulatory Group v. Environmental Protection 

Agency (July 24, 2014) (‘‘July 24 Memo’’), at 2, 

available at http://www.epa.gov/nsr/documents/

20140724memo.pdf. 

this principle, a default GWP of 2000 is 

currently used in subpart I and subpart 

L for, respectively, any fluorinated GHG 

whose GWP is not on Table A–1, and for 

any fluorinated GHG, other than a fully 

fluorinated GHG, whose GWP is not on 

Table A–1. While the default GWPs in 

subparts I and L are now being replaced 

by the default GWPs in Table A–1, 

which reflect more precise information 

regarding the atmospheric behavior of a 

number of fluorinated GHG groups, it is 

appropriate to retain the default of 2000 

where more precise information is not 

available. 

3. Summary of Comments and 

Responses Regarding Proposed Rule To 

Add GWPs 

Comment: All commenters who 

expressed an opinion on the addition of 

chemical-specific GWPs to Table A–1 

supported the addition of most of the 

AR5 GWPs that the EPA proposed to 

add. (As discussed further below, two 

commenters objected to the addition of 

very-low-GWP compounds to Table 

A–1.) Several commenters noted that 

the IPCC Assessment Reports represent 

the most widely recognized source of 

peer-reviewed GWP values, and that the 

GWPs in AR5 are the most up-to-date 

and accurate of those published in these 

Reports. 

Two commenters advocated the 

adoption of AR5 GWPs for all of the 

compounds in Table A–1, noting that 

these represented the most recent and 

accurate GWP values available. One of 

these commenters asserted that the 

EPA’s proposal to use AR5 in most but 

not all cases is ‘‘internally inconsistent, 

arbitrary, and irrational,’’ stating that 

GHGRP data are the basis for many 

agency analyses and decisions and that 

use of the proposed GWP would render 

agency decisions less reliable. The 

commenter noted that the EPA could 

use other means to harmonize 

information with the UNFCCC reporting 

conventions. 

Two other commenters disagreed with 

the addition to Table A–1 of compounds 

with very low GWPs, stating that the 

proposal would make them, in one of 

the commenter’s words, subject to 

‘‘regulation under the GHGRP and also 

potentially under the prevention of 

significant deterioration (PSD) and Title 

V permitting programs.’’ The 

commenters argued that addition of a 

large number of low GWP materials to 

Table A–1 could substantially increase 

the reporting burden on U.S. 

semiconductor manufacturers without 

significantly increasing the accuracy of 

facility reporting or the Inventory as a 

whole. 

Three of the commenters urged the 

EPA to modify the definition of 

fluorinated GHG to exclude fluorinated 

compounds with very low GWPs. They 

stated that these products were 

produced in low volumes and emitted 

in still lower volumes, meaning that 

their GWP-weighted emissions did not 

justify the significant administrative 

burden of reporting them. 

Response: The EPA agrees that the 

AR5 GWPs are the most up-to-date and 

accurate available. As proposed, we are 

adopting AR5 GWPs for compounds for 

which AR4 GWPs are not available but 

are retaining the AR4 GWPs where they 

are available. As established in the 

Revisions Rule and reiterated in the 

Proposed Rule to Add GWPs, this is to 

remain consistent with UNFCCC 

reporting, which requires the use of AR4 

GWPs for the GHGs with GWPs listed in 

AR4, and also with other national and 

international GHG analyses, policies, 

and programs. (For more discussion of 

these analyses and programs, see the 

Revisions Rule at 78 FR 71912–13). It is 

also consistent with the approach we 

took in the original Table A–1, which 

included GWPs from the SAR where 

they were available (consistent with 

UNFCCC requirements) but also 

included GWPs from AR4 for 

compounds for which SAR GWPs were 

not available. 

The benefits of using the same GWPs 

as other analyses, policies, and 

programs, particularly the Inventory of 

U.S. Greenhouse Gas Emissions and 

Sinks, are discussed at length in the 

Revisions Rule (78 FR 71911–12). 

Briefly, they include facilitating more 

efficient review and comparison of data 

collected through the GHGRP and other 

U.S. climate programs, reducing the 

potential errors that may arise when 

comparing multiple data sets or 

converting GHG emissions or supply 

based on separate GWPs, and reducing 

the burden for reporters and agencies to 

keep track of separate GWPs when 

submitting information to these 

programs. In the Revisions Rule, we 

weighed these benefits against the 

increase in accuracy that would result 

from adopting more recent GWPs to 

better characterize national GHG 

emissions and inform EPA policies. We 

concluded that, where the choice is 

between an AR4 GWP and an AR5 GWP, 

the potential gain in accuracy does not 

justify the loss of consistency with 

UNFCCC reporting (and associated 

policy analysis) that would result. 

We are adding the GWPs of very-lowGWP fluorinated GHGs to Table A–1 as 

proposed. It is important to note that 

this does not expand the set of 

fluorinated GHGs and HTFs that must 

be reported under the GHGRP because 

that is established by the definition of 

‘‘fluorinated GHG’’ at 40 CFR 98.6 (and, 

for subpart I, ‘‘fluorinated HTF’’ at 40 

CFR 98.98), rather than by inclusion in 

Table A–1. As noted above and in the 

Proposed Rule to Add GWPs, 

semiconductor facilities, as well as 

other emitters and suppliers of 

fluorinated GHGs that do not have 

GWPs on Table A–1, are already 

required to report (and do report) 

emissions and supplies, respectively, of 

these GHGs and HTFs. 

Regarding the potential impact on 

permitting requirements of including 

very-low-GWP gases in Table A–1, 

including these gases is expected to 

have negligible impact on permitting 

requirements. As explained in the 

proposal to this rule, the potential 

impact of these proposed changes on 

permitting requirements is narrowed by 

the U.S. Supreme Court decision in 

Utility Air Regulatory Group v. EPA (No. 

12–1146), which found that greenhouse 

gases cannot be treated as an air 

pollutant for purposes of determining 

whether a source is a major source 

required to obtain a PSD or title V 

permit (79 FR 44344). 

As the EPA explained following the 

Supreme Court decision, the EPA will 

no longer require PSD permits at 

stationary sources if GHGs are the only 

pollutant (i) that the source emits or has 

the potential to emit above the major 

source thresholds, or (ii) for which there 

is a significant emissions increase and a 

significant net emissions increase from 

a modification, and the EPA will no 

longer require a source to obtain a title 

V permit solely because it emits or has 

the potential to emit GHGs above the 

major source thresholds.14 Thus, the 

EPA will only apply the permitting 

requirements to which the commenters 

generally refer to GHGs at new and 

modified sources that trigger permitting 

requirements on the basis of their 

emissions of air pollutants other than 

GHGs (also known as ‘‘anyway 

sources’’). Accordingly, PSD’s best 

available control technology (BACT) 

requirement will still apply to GHGs 

emitted at or above certain thresholds 

by anyway sources, and title V permits 

for anyway sources will need to 

incorporate and assure compliance with 

those BACT limits that remain 


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15 July 24 Memo at 3–5. 

16The addition of very-low-GWP gases in Table 

A–1 that are not among the six listed above does 

not result in these gases becoming subject to 

permitting requirements under the Clean Air Act. 

The EPA had made clear that regulations that 

require monitoring and reporting of pollutant 

emissions do not make a pollutant subject to 

regulation. See 75 FR 17004, and 40 CFR 

52.21(b)(49). 

applicable requirements under a PSD 

permit issued to the source.15

The revised GWP values will apply to 

future permitting actions when 

determining whether a source required 

to obtain a PSD permit based on 

emissions of pollutants other than GHGs 

has emissions of GHGs that exceed the 

threshold at which BACT applies to 

emissions of greenhouse gases from 

such sources. While some refinements 

to EPA’s regulations may be 

forthcoming based on the Supreme 

Court decision described above, under 

regulations that remain applicable at 

this time, the EPA has defined 

greenhouse gases for permitting 

purposes as the aggregate group of the 

following six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, 

and sulfur hexafluoride. See, e.g., 40 

CFR 51.166(b)(48)(i). The amount of 

such emissions is quantified for 

permitting purposes by multiplying the 

mass of each of these six gases by the 

associated GWP in Table A–1. 40 CFR 

51.166(b)(48)(ii). Any changes to GWP 

values for substances that are among the 

six gases listed above will become a part 

of the calculation of CO2e for permitting 

purposes. In this context, because the 

revised GWPs are so low and the 

magnitude of their emissions in tons of 

chemical is not expected to be large, the 

revisions to table A–1 in this rule are 

not expected to have a significant 

impact on application of the BACT 

requirement to GHGs at sources that 

trigger the requirement to obtain a 

permit based on emission of other 

pollutants.16

Contrary to the generalized concerns 

of the commenters, we believe that 

listing of very-low-GWP gases in Table 

A–1 will facilitate informed decisionmaking regarding the relative climate 

impacts of these and other fluorinated 

GHGs in industrial, commercial, and 

household use, while having only a 

negligible permitting impact. Based on 

that information, the EPA may evaluate 

in the future whether it would be 

appropriate to modify the definition of 

fluorinated greenhouse gas, which is 

outside the scope of this rulemaking. 

Comment: Three commenters 

supported the proposed fluorinated 

GHG groups and default GWPs for 

fluorinated GHGs without peerreviewed GWPs. One of the commenters 

noted that the proposed groups and 

GWPs reflected comments submitted on 

the Proposed Amendments to Subpart L, 

and two of the commenters agreed that 

default GWPs based on fluorinated GHG 

groups, though possibly less than fully 

accurate, would lead to more accurate 

estimates of atmospheric impacts than 

would a GWP of zero. 

Two commenters disagreed with the 

proposed fluorinated GHG groups and 

default GWPs. These commenters stated 

that adding default GWPs to Table A– 

1 could have permitting implications 

and that GWPs that have not been peerreviewed are more likely to change 

significantly, which may have 

compliance implications. One of the 

commenters also asserted that the 

fluorinated GHG groups were very 

broad, and that companies may need to 

exert considerable effort to determine 

which of the materials used at their 

facilities fall into which group and 

therefore trigger regulatory 

requirements. The other commenter 

argued that establishing default GWPs 

was inconsistent with the practice of the 

IPCC and therefore diverged from 

accepted international practice. As a 

result, U.S. facilities would be subject to 

a different standard than competitors 

elsewhere. This commenter also noted 

that default GWPs have not been 

published in a peer-reviewed scientific 

journal, which the EPA acknowledged 

‘‘helps to ensure that the data and 

methods used to evaluate the GWPs are 

consistent with current scientific good 

practice and thereby helps to ensure 

that the resulting GWPs are accurate.’’ 

Response: As proposed, we are adding 

default GWPs to Table A–1. These 

default GWPs will be applied to 

fluorinated GHGs that do not have 

chemical-specific GWPs on Table A–1 

(i.e., fluorinated GHGs that did not have 

chemical-specific peer-reviewed GWPs 

available in time for this rulemaking). 

This is to ensure that the atmospheric 

impacts of all fluorinated GHGs are 

accounted for in GHGRP calculations 

and reporting. 

The 12 default GWPs have been 

developed and will be applied based on 

fluorinated GHG group. For each 

fluorinated GHG group, we are basing 

the default GWP on the average of the 

peer-reviewed, chemical-specific GWPs 

of compounds that belong to that group 

and that are either on Table A–1 or are 

being added to Table A–1 under this 

rule. As noted by several commenters 

and by us in the proposed rule, the 

default GWPs are not expected to be as 

precise as chemical-specific GWPs, 

because they are based on averages for 

groups that exhibit some variation in 

their GWPs (although the groups have 

been selected to minimize this 

variation). Nevertheless, for each 

fluorinated GHG group, the default GWP 

is expected to be a non-biased predictor 

of the GWPs of fluorinated GHGs that 

belong to that group, including 

fluorinated GHGs that have not had 

chemical-specific GWPs published in 

the peer-reviewed literature. 

Importantly, the default GWP is 

expected to be a better predictor (and in 

some cases, a far better predictor) of 

such GWPs than zero, which is always 

an underestimate but is the GWP that 

has been used to date when no 

chemical-specific GWP was on Table 

A–1. Thus, adding the default GWPs to 

Table A–1 will significantly increase the 

accuracy of the CO2e emissions that are 

calculated and reported under the 

GHGRP. 

As noted in the proposal, the default 

GWPs will also increase the stability 

and predictability of calculated CO2e 

emissions from facilities. As chemicalspecific GWPs for GHGs are developed, 

peer reviewed, and added to Table 

A–1, the change from each default GWP 

to the chemical-specific GWP is likely to 

be smaller than the change from zero to 

the chemical-specific GWP. This will 

significantly reduce the magnitude of 

any future revisions to or 

inconsistencies in the time series of 

CO2e emissions. At the same time, 

having a default GWP for each GHG may 

allow the EPA to update Table A–1 less 

frequently because the default would 

reduce the error in CO2e estimates that 

presently arises from not having a 

chemical-specific GWP for that GHG on 

Table A–1. 

Furthermore, we do not agree that 

adding chemical-specific GWPs and 

default GWPs at this time, or any future 

action to change these GWP values, will 

have implications for stationary source 

permitting that would justify not 

proceeding with this final action. The 

potential implications for permitting fall 

into two main categories. The first 

relates to the prospective triggering of 

permitting requirements at a source 

based on calculations of CO2e using 

GWP values in regulations. The second 

relates to compliance with emissions 

limits in previously issued permits that 

may have limits expressed in the form 

of CO2e calculated using the GWP 

values. 

As a general matter and as explained 

above, the potential impact of these 

changes to GWP values on the PSD and 

title V permit requirements that might 

apply to sources based on the GWP 

values has been narrowed by the U.S. 

Supreme Court decision in Utility Air 


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17We are defining fluorinated gas product as the 

product of the process, including isolated 

intermediates. 

Regulatory Group v. EPA (No. 12–1146). 

Under that decision, sources cannot 

become subject to the requirement to 

obtain a permit as a major source under 

these permitting programs based solely 

on their emissions of GHGs, thereby 

limiting implications of changes to GWP 

values in this context. As also discussed 

above, the revisions to Table A–1 are 

otherwise not expected to have a 

significant impact on application of the 

PSD BACT requirement to GHGs at 

sources that continue to require a PSD 

permit based on emissions of other 

pollutants. 

With respect to permits that have 

already been issued, as explained in a 

prior rulemaking relating to revisions to 

GWP values in Table A–1, the EPA does 

not expect the revised GWPs to be 

applied retroactively to prior permitting 

determinations and does not expect that 

previously approved PSD or title V 

permits would be reopened solely based 

on application of the revised GWPs in 

Table A–1 to prior years’ emissions (78 

FR 71916). As the EPA previously 

explained, compliance with GHG permit 

limits in existing, final PSD permits 

‘‘may be determined based on the GWPs 

that were effect at the time of permit 

issuance (even if the permit does not 

specify the applicable GWP value)’’ (78 

FR 71916). Likewise, with regard to 

determinations of whether PSD 

permitting requirements applied to a 

source previously permitted, the EPA 

has already explained that ‘‘GWP 

revisions should not affect past 

permitting actions for a source that has 

obtained a final PSD permit before these 

revisions to Part 98 become effective, 

regardless of whether or not that PSD 

permit included GHG limits’’ (78 FR 

71916). Should sources have specific 

questions regarding application of the 

new GWP values to previously 

approved PSD or title V permits, they 

should contact their permitting 

authority or their respective EPA 

regional office. 

While there should be little to no 

impact on both categories of permitting 

requirements based on this final action 

to add chemical-specific GWPs and 

default GWPs for the reasons explained 

above, sources are encouraged to talk to 

the appropriate permitting authority to 

the extent that questions arise regarding 

specific permitting requirements that 

apply or might apply to their GHG 

emissions. 

One commenter argued that 

establishing default GWPs was 

inconsistent with the practice of the 

IPCC and therefore diverged from 

accepted international practice, 

subjecting U.S. facilities to a different 

standard than competitors in the World 

Semiconductor Council (WSC) and 

elsewhere. As noted above, we believe 

that consistency between the GHGRP 

and other national and international 

policies and programs is important for 

the GHGs that are included in AR4; for 

these GHGs, the improvement in 

accuracy that would be associated with 

the use of more recent GWPs (e.g., from 

the Comprehensive Review or from 

AR5) does not justify the loss of 

consistency with UNFCCC reporting 

that would result. However, for the 

GHGs that are not included in AR4, the 

improvement in accuracy associated 

with the assignment of default GWPs 

rather than a GWP of zero does not 

result in a loss of consistency with 

UNFCCC reporting, since the UNFCCC 

does not require the use of AR4 GWPs 

for reporting emissions of these GHGs. 

In fact, the use of default GWPs 

facilitates compliance with the UNFCCC 

Reporting Guidelines, which ‘‘strongly 

encourage’’ Annex I Parties ‘‘to also 

report emissions and removals of 

additional GHGs’’ (i.e., GHGs whose 

GWPs are not included in AR4). To the 

extent that other consistency issues 

arise, the EPA and GHGRP stakeholders 

such as the WSC can make adjustments 

to GHGRP or other data sets to ensure 

comparability between those sets (e.g., 

to measure progress toward WSC goals). 

Regarding the comment that it would 

be difficult to assign fluorinated GHGs 

to the correct fluorinated GHG group 

(and therefore to select the correct 

default GWP), we have deliberately 

defined the groups based on easily 

ascertained criteria related to chemical 

structure. To further facilitate selection 

of the correct default GWP, we intend to 

automatically assign it through our data 

system for commonly used fluorinated 

GHGs and HTFs that are reported under 

the GHGRP, such as fully fluorinated 

HTFs used in electronics 

manufacturing. Thus, we do not expect 

that selection of the correct default GWP 

will impose a significant burden on 

reporting facilities. 

B. Amendments to Subpart L Reporting 

Requirements 

1. Summary of Final Amendments to 

Subpart L Reporting Requirements 

As proposed, the EPA is permanently 

amending the subpart L reporting 

requirements to require reporting at a 

more aggregated level than in the 2010 

subpart L rule. Specifically, we are 

requiring owners and operators of 

facilities producing fluorinated gases to 

report (1) emissions by fluorinated GHG 

group (chemical type) at the process 

level for each generically defined 

production or transformation process, 

and (2) emissions by chemical at the 

facility level for certain fluorinated GHG 

emissions. These changes apply only to 

emissions from production and 

transformation processes; emissions 

from venting of container heels and 

destruction of previously produced 

fluorinated GHGs must be reported by 

chemical and by process as required by 

the 2010 Subpart L Rule. 

Fluorinated GHG emissions from 

production and transformation 

processes must be reported by chemical 

at the facility level when (a) the 

fluorinated GHG is emitted in quantities 

above 1,000 metric tons CO2e (mtCO2e) 

and the facility produces more than one 

fluorinated gas product,17 or (b) for 

facilities that produce only one 

fluorinated gas product, the fluorinated 

GHG emitted is a major fluorinated GHG 

constituent of a fluorinated gas product 

and the fluorinated gas product is sold 

or otherwise transferred to another 

person. (Other fluorinated GHG 

emissions from production and 

transformation processes at the facility 

level will be reported by chemical type.) 

Where the emission factor or emission 

calculation factor approaches are used, 

facilities are required to further 

disaggregate process emissions by 

emission type (i.e., into vented vs. 

leaked emissions). In addition to the 

changes above, we are replacing the 

requirements to report process-specific 

emission factors, activity data, and 

destruction efficiencies with a 

requirement to identify, as a range, the 

level by which the emissions of each 

process are reduced or controlled (e.g., 

by destruction devices). We are also 

removing the requirement that facilities 

report the following data elements: the 

contents, locations, and functions of the 

streams analyzed under the scoping 

speciation (40 CFR 98.126(a)(3) and 

(a)(4)). 

All of these changes (as well as the 

revised default GWPs and fluorinated 

GHG groups, discussed in Sections II.A 

and II.B.5 of this preamble) will apply 

to (previously deferred) reporting for 

RYs 2011, 2012, and 2013 (i.e., reporting 

of emissions that occurred in 2011, 

2012, and 2013), as well as to reporting 

for emissions that occur in 2014 and 

later years. 

To consolidate all of the revisions to 

subpart L that are related to disclosure 

concerns, the EPA also is finalizing in 

this action the alternative verification 

approach that was proposed for subpart 

L in the Proposed Inputs Rule. (In the 

Proposed Amendments to Subpart L, we 


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discussed the relationship between 

those amendments and the amendments 

that were proposed in the Proposed 

Inputs Rule, and we made available a 

version of the subpart L regulatory text 

as it would be amended by both actions 

(78 FR 69340).) The alternative 

verification approach for subpart L is 

the same as that in the Final Inputs 

Rule, except that the requirement for 

subpart L reporters to use IVT will 

apply to RY 2015 and later reporting 

years. This is necessary to allow the 

EPA to develop a subpart L IVT module 

that integrates the subpart L reporting 

requirements being finalized in this 

action. 

As noted in the Proposed Inputs Rule, 

the inputs verification tool is designed 

to be used concurrently with annual 

reporting by facilities. While additional 

verification could be conducted on past 

years’ data if the inputs verification tool 

were used for those years, for the 

reasons stated in the Proposed Inputs 

Rule, the EPA has determined that the 

added benefit does not outweigh the 

burden that would be required for 

facilities to use the inputs verification 

tool for years that will already have 

been reported in full by the time the tool 

is available for use. For further details, 

please see the Proposed Inputs Rule (78 

FR 56004). As noted above, facilities 

will be submitting full subpart L reports 

for Reporting Years 2011, 2012, and 

2013 in calendar year 2015. 

As described in the Proposed Inputs 

Rule, the EPA is currently using a twostep verification approach for the 

GHGRP: 

• Initial automated review of reported 

data, using an electronic data quality 

assurance program built into the data 

system, for use by reporters and the EPA 

to help assure the completeness and 

accuracy of data. 

• Based on the initial review results, 

follow up with facilities regarding 

potential errors, discrepancies, or 

questions, including on-site audits. 

Until the Inputs Verification Tool is 

in place, the EPA intends to continue to 

verify subpart L emissions using this 

approach. The EPA may also perform 

manual checks. More specifically, the 

EPA intends to look at expected 

emission levels and patterns, internal 

consistency, consistency with emissions 

reported previously by the same facility, 

consistency with emissions reported by 

other fluorinated gas production 

facilities, and report completeness. 

We are also finalizing revisions to 

Table A–7 by removing all subpart L 

inputs to equations from Table A–7. 

With the exception of the data elements 

in 98.126(b)(10), (11), and (12), which 

were addressed in the Proposed 

Amendments to Subpart L, the Proposed 

Inputs Rule proposed to remove all 

subpart L inputs to equations from 

Table A–7. We are finalizing these 

provisions as proposed. With respect to 

the data elements in 98.126(b)(10), (11), 

and (12), these data elements were 

proposed to be removed from the 

subpart L provisions in the Proposed 

Amendments to Subpart L; however, we 

inadvertently did not make the 

corresponding changes in Table A–7. As 

a result, consistent with the Proposed 

Amendments to Subpart L, we are 

making the corresponding change in 

Table A–7 and removing the data 

elements in 98.126(b)(10), (11), and (12) 

from Table A–7 in this action. 

2. Changes From the Proposed Rules 

a. Changes to Provisions Proposed in the 

Proposed Amendments to Subpart L 

The EPA is making minor changes to 

the reporting requirements proposed in 

the Proposed Amendments to Subpart L 

to clarify and streamline them. First, we 

are not finalizing two proposed 

reporting provisions that would be 

redundant with two existing reporting 

provisions. Specifically, we are not 

finalizing the proposed paragraphs 

98.126(a)(6)(i) and (ii), which would 

have required reporting of emissions 

from destruction of previously produced 

fluorinated GHGs and emissions of 

container heels, because paragraphs 

98.126(g) and (h) already require this 

reporting. However, we are slightly 

revising 98.126(h) to require reporting of 

aggregate emissions of each fluorinated 

GHG across container types and sizes 

(rather than for each container type and 

size) as would have been required by 

the proposed 98.126(a)(6)(i). Reporting 

of emissions by container type and size 

is no longer useful for verification given 

the removal of the requirement to report 

heel factors by container type and size. 

Second, we are clarifying in several 

places that the requirements to report 

facility-level emissions by chemical or 

by fluorinated GHG group apply only to 

emissions from production and 

transformation processes. Because 

emissions from container venting and 

destruction of previously produced 

fluorinated GHGs are already required 

to be reported by chemical from each of 

these activities, it is not necessary to 

report them again at the facility level 

(except as part of the total CO2e 

emissions for the facility reported under 

98.3(c)(4)(i)). 

Third, the EPA is removing 

98.126(f)(5), the requirement to submit a 

revised destruction device testing report 

when changes to the destruction device 

would be expected to affect the 

destruction efficiency (DE). This change 

is necessary for consistency with our 

removal of the requirement to report the 

original DE at 98.126(f)(1). As discussed 

in the Proposed Amendments to 

Subpart L, we identified potential 

disclosure concerns associated with 

reporting of exact destruction 

efficiencies at the process level under 

subpart L. These concerns apply to 

revised destruction efficiencies as well 

as to original destruction efficiencies. 

To ensure that we continue to receive 

useful information on the level of 

control for each process, we are 

finalizing our proposal to replace the 

requirement to report exact destruction 

efficiencies with the requirement to 

report, as a range, the effective DE of 

each process (78 FR 69348–49). 

In addition to these changes, we have 

revised the proposed fluorinated GHG 

groups and default GWPs in response to 

comments. These changes are discussed 

below in Section II.B.2.b. 

b. Changes to Provisions Proposed 

Relative to the Alternative Verification 

Approach 

As previously mentioned, the 

Proposed Inputs Rule included an 

alternative verification approach and 

associated reporting and recordkeeping 

requirements. This section discusses the 

changes since proposal. 

First, we are not finalizing the entry 

of the inputs to the mass-balance 

equations into IVT as proposed in the 

Proposed Inputs rule. Shortly after 

issuing the Proposed Inputs Rule, we 

proposed to remove the mass-balance 

approach altogether in the Proposed 

Amendments to Subpart L for the 

reasons provided in the proposal. As 

discussed in Section II.C of this 

preamble, we are finalizing the removal 

of the mass-balance method through this 

action. Because the mass-balance 

equations are no longer in subpart L, we 

are not requiring the entry of the inputs 

to those equations into IVT. 

Second, we are requiring entry of 

chemical-specific emissions from leaks 

for each process into IVT. In the 

Proposed Amendments to Subpart L, we 

proposed to replace the reporting of this 

data element with the reporting of CO2e 

emissions by fluorinated GHG group 

from leaks for each process, which we 

believe will provide us adequate 

information for policy purposes while 

addressing the potential disclosure 

concerns associated with the reporting 

of chemical-specific emissions from 

process leaks. In our effort to 

consolidate all subpart L proposed 

revisions, including IVT, into one final 

action, we note that entry of chemicalspecific emissions from leaks into IVT 


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will facilitate verification of the 

replacement data reporting element. 

Specifically, entry into IVT of chemicalspecific emissions from leaks for each 

process will allow us to verify (1) the 

reported CO2e emissions by fluorinated 

GHG group from leaks for each process, 

and (2) the emissions reported either by 

chemical or by fluorinated GHG group 

(in CO2e) at the facility level. Emissions 

from leaks are included in facility totals 

in either chemical-specific or CO2e 

terms, depending on the magnitude of 

the emissions of that chemical at the 

facility level. They are therefore a 

necessary link between the emissions 

from vents calculated by Equations L– 

21, L–22, L–26, and L–27, which the 

EPA proposed to verify using IVT, and 

the emissions that will actually be 

reported at the facility level under these 

amendments. In light of the above, we 

are requiring in this final rule that 

chemical-specific emissions from leaks 

for each process be entered into IVT, 

along with certain inputs to emission 

equations, as part of the alternative 

verification approach. 

Third, for clarity, we are adding an 

explicit requirement to report the 

generically identified process for which 

missing data are reported under 40 CFR 

98.126(d). This is in addition to the 

revisions to 98.126(d) that were 

proposed in the Inputs Rule, which we 

are also finalizing in today’s action. 

Because emissions from fluorinated gas 

production are monitored and 

calculated at the process level, 

identification of the process is within 

the subpart A requirement to report 

‘‘each data element for which a missing 

data procedure was used according to 

the procedures of an applicable 

subpart’’ at 98.3(c)(8). However, to the 

extent there is any potential ambiguity, 

the addition clarifies the requirement to 

report the generically identified process. 

Finally, we are not finalizing our 

proposal to enter the data elements in 

Equations L–20, L–23, and L–25 into 

IVT. These data elements, which are not 

required to be reported to EPA, were 

inadvertently included in the group of 

subpart L inputs to emission equations 

to be entered into IVT in the Proposed 

Inputs Rule. Equation L–20 is used to 

calculate emission factors from multiple 

individual emission factor 

measurements; Equation L–23 is used to 

calculate adjusted process-vent-specific 

emission factors in the event of a 

process change; and Equation L–25 is 

used to calculate emission calculation 

factors based on emissions calculated 

using chemical engineering principles 

or engineering assessments. These 

factors are required to be measured and 

calculated only once every ten years or 

if there is a change to the process. The 

calculations used to develop the 

emission factors and emission 

calculation factors are important for 

ensuring that facilities have correctly 

complied with subpart L’s requirements, 

but they are not essential for verifying 

emission calculations every year. 

Further, individual emission factor 

measurements are required to be 

included in the emissions test report 

under 40 CFR 98.124(c)(5), which is 

kept as a record under 40 CFR 127(d)(4). 

Similarly, emission factor calculations 

are required to be kept as records under 

40 CFR 127(d)(5). For the reasons stated 

above, we are not finalizing the entry of 

the data elements in Equations L–20, L– 

23, and L–25 into IVT. 

3. Summary of Comments and 

Responses on Proposed Amendments to 

Reporting Requirements 

Comment: Three commenters 

supported the proposed replacement of 

chemical-specific reporting at the 

process level with two levels of more 

aggregated reporting. The commenters 

noted that grouping of classes of 

compounds will aid in protecting 

information about which they have 

disclosure concerns. Two of the 

commenters specifically agreed with the 

proposal that facilities be required to 

report emissions of fluorinated GHGs by 

chemical when emissions of that 

fluorinated GHG exceed 1,000 mtCO2e 

for the facility as a whole. An additional 

commenter noted that compoundspecific reporting at the facility level is 

sufficient to support efforts to identify 

and resolve differences between 

‘‘bottom-up’’ emission estimates based 

on inventory methods and ‘‘top-down’’ 

emission estimates based on changing 

atmospheric concentrations. Two 

commenters agreed that a facility 

producing only one fluorinated gas 

should report emissions only by 

fluorinated GHG group, unless the 

emissions consist of a major fluorinated 

GHG constituent of the fluorinated gas 

product and that product is sold or 

transferred to another facility. 

One commenter objected to the 

proposal to replace some chemicalspecific reporting with aggregate 

reporting. The commenter stated that 

the proposal to require less information 

and ‘‘generic, melded information’’— 

instead of process-specific and/or 

chemical specific information—would 

undermine the EPA’s mission to protect 

the health and safety of the American 

public and the environment and the 

public’s ability to monitor the use of 

HFCs nationwide. The commenter 

asserted that the EPA’s proposal would 

materially reduce the amount and 

quality of information available to 

inform future policy and that the 

proposal would require significantly 

fewer facilities to submit data compared 

to the original rule. In several cases, the 

commenter referred to drawbacks that 

the EPA identified in the proposed rule 

for alternatives to the preferred 

approach. The commenter suggested 

that certain facilities that meet specified 

criteria could report their fluorinated 

GHG emissions in a less detailed 

manner. The commenter further 

suggested that one of these criteria 

could be whether or not the facility is 

producing a unique product as opposed 

to a widely produced HFC. 

Response: As discussed above, we are 

finalizing the amendments to the 

reporting requirements as proposed. We 

agree with several of the commenters 

that the amendments will address 

disclosure concerns while allowing the 

EPA to collect the data necessary to 

inform the development of future GHG 

policies and programs. This includes 

data on the magnitudes (in CO2e), 

GWPs, atmospheric lifetimes, and 

sources (vents or leaks) of emissions at 

the process level and data on the exact 

chemical identities and magnitudes of 

significant emissions (those that exceed 

the 1,000 mtCO2e threshold) at the 

facility level. As discussed in the 

preamble to the proposed rule, processspecific emissions information allows 

the EPA to identify processes with high 

potential for emission reductions as 

well as measures to achieve those 

reductions. Chemical-specific 

information allows the EPA, as well as 

the public and the international 

community, to better understand the 

atmospheric impacts of U.S. emissions, 

to compare U.S. emissions to 

atmospheric measurements, and, if 

inconsistencies between emissions and 

atmospheric measurements are found, to 

better understand the magnitudes and 

causes of those inconsistencies. We 

have concluded that the data that will 

be collected under this final rule will 

enable us to meet these objectives. 

Contrary to the statements of one of 

the commenters, the amendments will 

generally continue to require reporting 

of process-specific as well as chemicalspecific information. Under the final 

rule, facilities making more than one 

fluorinated gas product must report 

their process-specific emissions by 

fluorinated GHG group in CO2e, and 

they must identify their processes by 

process type and subtype and a generic 

identifier that will remain the same 

from year to year. Together, these 

requirements will enable the EPA and 

the public to identify processes that are 

reducing emissions or that have 


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potential to reduce emissions 

significantly and/or cost-effectively 

(e.g., because the emissions are large 

and/or belong to a fluorinated GHG 

group with a relatively high GWP). (The 

requirement to report the effective DE 

range applied to each process will 

further inform such analyses.) In 

addition, facilities making more than 

one fluorinated gas product are required 

to report their facility-level emissions of 

fluorinated GHGs by chemical when the 

emissions of that chemical exceed 1,000 

mtCO2e. This will enable the EPA to 

identify fluorinated GHGs (including 

individual HFCs) with high emissions 

and to compare emissions to 

atmospheric measurements. 

Facilities making only one fluorinated 

gas product are required to report their 

facility-wide emissions by fluorinated 

GHG group in CO2e, except they must 

report the emissions by fluorinated GHG 

when that fluorinated GHG is a major 

fluorinated GHG constituent of a 

fluorinated gas product and the 

fluorinated gas product is sold or 

otherwise transferred to another person. 

For facilities making only one 

fluorinated gas product, the facility 

emissions are likely to result from 

relatively few processes (and possibly 

only one), meaning that even in this 

case, the reported emissions are likely to 

be close to process-specific emissions. 

(We believe that only one or two 

facilities are likely to make only one 

fluorinated gas product, which includes 

intermediates that are fluorinated gases.) 

Also contrary to the statements of one 

of the commenters, these amendments 

will not require fewer facilities to 

submit data. The amendments do not 

affect the applicability of subpart L; all 

facilities that have reported to date and 

that would have reported under the 

2010 Subpart L final rule if unchanged 

going forward will report under these 

amendments. 

Because we have concluded that the 

data to be collected under this rule are 

sufficient to inform the development of 

future GHG policies and programs with 

respect to emissions from the 

production of all fluorinated gases, we 

are not pursuing an approach that 

would impose different reporting 

requirements for facilities or processes 

that produce ‘‘unique’’ vs. ‘‘commonly 

made’’ fluorinated gases. In addition to 

being unnecessary, that approach would 

require the development and 

application of criteria to determine 

which products or processes are 

‘‘unique,’’ which would impose an 

administrative burden both on the 

Agency and on the regulated 

community, and which would likely 

further delay process- and chemicalspecific reporting from fluorinated gas 

producers. One of the challenges of 

developing and applying such criteria 

would be that unique processes are 

sometimes used to produce even 

commonly made fluorinated GHGs, 

including commonly made HFCs. 

We agree with one of the commenters 

that several of the alternatives to the 

approach being finalized in today’s rule, 

such as not distinguishing between 

transformation processes that do and do 

not transform fluorinated GHGs 

produced at another facility, would 

have reduced the usefulness of the data 

reported to the EPA. We did not receive 

any comments supporting these 

alternatives and we are not adopting 

them in today’s final rule. 

Comment: Two commenters stated 

that they did not anticipate that there 

would be export control limitations in 

complying with the proposed reporting 

requirements. However, they stated that 

in future reporting years, facilities 

would be obligated to comply with 

export control requirements in the event 

that any portion of the information 

reported was subject to export control 

regulations. One of these commenters 

suggested that the EPA either ‘‘use its 

enforcement discretion and determine 

appropriately that the company could 

not comply with the GHGRP 

requirements’’ or provide a ‘‘CBI 

Petition Process’’ to ‘‘address those very 

infrequent occasions where 

confidentiality/export control issues are 

a concern and could not have been 

reasonably anticipated at the time of 

comment on the rule.’’ The other 

commenter suggested that the EPA 

provide exemptions for export control 

information where confidentiality issues 

were not reasonably understood at the 

time of rule promulgation. 

Response: We are not establishing a 

petition or exemption process under 

which a subpart L reporter could 

withhold reporting on the theory that 

reporting would disclose sensitive 

information. Based on the record for this 

rulemaking, including several years of 

discussion with the industry, extensive 

analysis by the EPA, and the comments 

submitted on the proposed rule, we 

believe that the amendments to the 

subpart L reporting requirements being 

promulgated today adequately address 

the disclosure concerns raised by the 

industry. We expect that the likelihood 

that an unanticipated disclosure 

concern would arise is quite low, and 

we have concluded that this possibility 

does not warrant the administrative 

burden associated with the development 

of a petition process. Moreover, due to 

the detailed information required to be 

reported, a petition process could cause 

long delays, and potential confusion, in 

the release of non-confidential data. 

Should a disclosure concern arise, we 

encourage reporters to bring it to our 

attention expeditiously so that we can 

consider it. 

Comment: Two commenters 

supported the proposed threshold of 

1,000 mtCO2e at the facility level for 

reporting emissions by chemical rather 

than by chemical group. Both 

commenters noted that this would 

reduce the number of speciated 

fluorinated GHGs that would be 

identified, thereby reducing the 

chemical-specific information 

potentially available to competitors. 

One commenter stated that, from a 

verification perspective, it would make 

sense to set the threshold as a 

percentage of total national production 

of the compound or of facility-wide 

emissions. 

One commenter agreed that a 

threshold is ‘‘one way that true CBI 

concerns could be addressed’’ and that 

the threshold should be set in CO2e; 

however, the commenter considered 

1,000 mtCO2e to be too high and 

asserted that the proposed regulations 

and comments provided no basis for 

this threshold. The commenter stated 

facilities that would like to protect 

disclosure of confidential catalysts or 

additives should provide an argument 

based on actual production practices 

that justify such a high threshold, and 

suggested that a threshold of 100 

mtCO2e may be protective. 

Response: We are finalizing the 1,000 

mtCO2e threshold for chemical-specific 

reporting as proposed. As noted in the 

proposed rule, we proposed the 1,000 

mtCO2e threshold based on information 

from a fluorinated gas producer 

indicating that the vast majority of its 

CO2e emissions consist of fluorinated 

GHGs that are emitted in quantities of 

one ton or more from the facility as a 

whole. Using a GWP of 1,000, which is 

relatively low for fluorinated GHGs in 

general, this equates to 1,000 mtCO2e. 

(Note that using a higher GWP would 

result in a higher CO2e threshold (e.g., 

10,000 mtCO2e for fluorinated GHGs 

that have a GWP of 10,000).) The 

producer also noted that the fluorinated 

GHGs that are emitted in quantities of 

one ton or more make up a small 

fraction of the number of individual 

fluorinated GHGs emitted. Thus, setting 

the threshold for chemical-specific 

reporting at 1,000 mtCO2e is expected to 

result in the reporting of the majority of 

CO2e emissions in chemical-specific 

terms, while avoiding the disclosure of 

detailed process information. 

We agree with two of the commenters 

that it is important to consider the 


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18August, 2013, available in Docket EPA–HQ– 

OAR–2010–0929. This finding was reiterated in the 

memorandum entitled ‘‘Final Evaluation of 

Competitive Harm From Disclosure of ‘Inputs to 

Equations’ ’’ Data Elements Deferred to March 31, 

2015, September, 2014. 

19See docket EPA–HQ–OAR–2009–0927 for 

additional information. 

relationship between the threshold and 

typical facility-wide and nationwide 

emissions. Because the reporting under 

subpart L to date has been only in terms 

of CO2e rather than by chemical, we do 

not yet know the exact percentage of 

each facility’s emissions that will be 

reported in chemical-specific terms. 

However, we do know that the average 

fluorinated GHG emissions reported 

under subpart L by each facility can be 

large: about 415,000 mtCO2e per facility 

with a national total of 6.6 million 

mtCO2e in 2012. The 1,000-mtCO2e 

threshold comprises 0.2 percent of this 

average. If 10 fluorinated GHGs were 

emitted below the threshold level, 

emissions of these fluorinated GHGs 

would make up less than 2 percent of 

the average, and even emissions of 50 

fluorinated GHGs below the threshold 

would make up less than 10 percent of 

the average. While some facilities have 

emissions that are higher or lower than 

the average, implying that the 

percentage of emissions that will be 

reported in chemical-specific terms 

could be higher or lower than average at 

those facilities, we have concluded that 

this variability is reasonable given the 

varying environmental impacts of the 

emissions from those facilities. A single 

numerical threshold is also simpler to 

implement than a threshold expressed 

as a fraction of facility emissions. Thus, 

we are adopting the former rather than 

the latter. Although we have concluded 

that setting this threshold equal to 1,000 

mtCO2e is reasonable based on the 

information available to us at this time, 

we may reevaluate this threshold if we 

find that a large share of national 

emissions are not being reported in 

chemical-specific terms at the facility 

level once reporting begins under these 

amendments. 

Comment: One commenter stated the 

proposed ranges for effective reporting 

DE were sufficient for the purposes of 

the GHGRP. The commenter did, 

however, question whether that 

information will be more useful to the 

EPA than simply requiring an indication 

regarding whether each process is 

controlled. The commenter pointed out 

that destruction efficiencies alone are 

not indicative of the effectiveness of a 

control device. 

Response: We are finalizing the 

calculation method and ranges for the 

effective DE as proposed. We agree with 

the commenter that destruction 

efficiencies alone do not fully 

characterize the effectiveness of control 

devices in reducing emissions. This is 

why the calculation of the effective DE 

takes into consideration the downtime 

of the destruction device. As discussed 

in the preamble to the proposed rule, 

downtime can significantly increase 

emissions. The requirement to calculate 

and specify a range for the effective DE 

therefore provides significantly more 

information than simply reporting the 

unweighted DE or indicating whether or 

not a process is controlled by a 

destruction device. 

Comment: One commenter stated that 

reporting the effective DE for processes 

>10,000 mtCO2e will greatly benefit the 

effectiveness of the reporting program 

and enhance data reliability. The 

commenter noted that the operation of 

destruction technology is a key element 

of best practices. The commenter stated 

there is no significant burden for 

facilities to report both the DE and the 

downtime and opined that destruction 

device downtime cannot be considered 

CBI and should be disclosed. The 

commenter suggested that facilities also 

report whether they have in-line 

destruction equipment or whether they 

collect and transport HFCs to a central 

destruction facility. 

Response: We agree that reporting the 

effective DE, which accounts for both 

the DE and the downtime of destruction 

devices, will significantly enhance the 

value of the data (particularly processlevel data) collected under subpart L. In 

the proposed subpart L amendments, 

the EPA proposed to report the effective 

destruction efficiency as a range. In 

support, the EPA noted in that proposal 

that in the memorandum entitled 

‘‘Evaluation of Competitive Harm From 

Disclosure of ‘Inputs to Equations,’ ’’ we 

found that reporting the precise DE 

under subpart L posed disclosure 

concerns because the DE provides data 

that could be used with certain other 

data to calculate the production rate 

and/or process efficiency (cost to do 

business) (78 FR 69348).18 Specifically, 

the DE could be used with other data to 

calculate the production rate or the 

amount of fluorinated GHG in a 

destroyed stream removed from the 

process and sent to a destruction device. 

This finding, which was unchanged in 

the Final Inputs Rule, applies even more 

to the combination of DE and downtime, 

which, as noted by the commenter, 

provides a more accurate measure of the 

extent to which emissions are being 

reduced than DE alone. In addition, the 

EPA explained in the proposed subpart 

L amendments that reporting the 

effective DE as a range will capture the 

impacts of destruction efficiencies and 

downtimes while avoiding the 

disclosure of detailed process 

information (78 FR 69349). The 

commenter generally asserts that the 

destruction device downtime cannot be 

considered CBI but provides no 

supporting rationale or information. The 

commenter also expresses no 

disagreement with EPA’s assertion that 

reporting the effective destruction 

efficiency as a range will capture the 

impacts of destruction efficiencies and 

downtimes. We are therefore finalizing 

the reporting of the effective destruction 

efficiency as a range, as proposed. 

Regarding the comment that sources 

should report whether they have in-line 

destruction equipment or whether they 

collect and transport HFCs to a central 

destruction facility, the requirement that 

facilities report their effective 

destruction efficiency for each process 

will capture any variability in the 

uptime or overall destruction efficiency 

associated with the use of different 

configurations of destruction devices at 

the facility. As a result, this specific 

information is not needed. 

Comment: One commenter stated that 

the chemical specific emissions in 

98.126(a)(6) (regarding venting of 

residual fluorinated GHGs from 

returned containers) should be reported 

as part of the facility-wide totals 

required in 98.122(d). The commenter 

indicated it is not clear whether 

chemical-specific emissions reported 

under 40 CFR 98.126(d)(6)(ii) would 

impact the confidentiality issues that 

the EPA is addressing for subpart OO. 

The commenter stated that container 

heel venting for materials ‘‘returned 

from the field’’ would provide 

information on a specific product that 

may be CBI under subpart OO. (In a 

follow-up conversation with the EPA, 

the commenter clarified that this 

information was the chemical identity 

of the product.) 19

Response: As noted in Section II.A.2 

of this preamble, the proposed reporting 

requirement at 40 CFR 98.126(a)(6)(ii), 

which would require reporting of the 

mass of each fluorinated GHG that is 

emitted from returned containers, 

inadvertently repeated the current 

reporting requirement at 40 CFR 

98.126(h)(1), and we are therefore not 

finalizing 40 CFR 98.126(a)(6)(ii) in this 

final rule. 

As discussed in the preamble to the 

Proposed Amendments to Subpart L (78 

FR 69350), we did not propose to 

remove 40 CFR 98.126(h)(1) because 

commenters on previous actions did not 

identify the requirement to report 

chemical-specific emissions of container 


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heels as one of the reporting 

requirements that pose disclosure 

concerns, and we did not believe that 

the requirement posed such concerns. 

As we explained in the proposal, 

container heels consist of the residual 

fluorinated GHGs that remain in 

containers returned to gas 

manufacturers by their customers. If the 

fluorinated GHG has been sold or 

otherwise distributed to a customer, its 

identity can be ascertained by a person 

other than the fluorinated gas 

manufacturer, including a competitor. 

This is the same principle that we used 

to support our proposal to require 

reporting of emissions of the fluorinated 

GHG product by facilities that make one 

product and sell or otherwise distribute 

it to another person. Thus, we are not 

removing the requirement at 40 CFR 

98.126(h)(1) to report the masses of 

residual fluorinated GHGs vented from 

containers. 

We do not believe that the subpart L 

requirement for fluorinated GHG 

producers to report the mass of each 

fluorinated GHG that is emitted from 

returned containers impacts 

confidentiality determinations for 

fluorinated GHG producers under 

subpart OO, which applies to suppliers 

of industrial GHGs. Under subpart OO, 

we determined that the mass of the 

fluorinated GHG product produced and 

reported is CBI. We did not address 

whether the identity of the fluorinated 

GHG product produced and reported 

was CBI. 

4. Summary of Comments on 

Amendments to Subpart L Inputs 

Proposed in the Proposed Inputs Rule 

Comment: One commenter stated that 

withdrawing the requirements to report 

the mass and quantity of production of 

gases and the DE does not protect a 

valid CBI concern and is a great 

disservice to the public. The commenter 

specifically identified the following 

paragraphs as areas of concern: 40 CFR 

98.126(b)(5) through (b)(9), (f)(1), (g)(1), 

and (h)(2). The commenter argued that 

the amounts of gases produced and the 

destruction efficiencies would not 

disclose the methodologies for making 

those substances or protect appropriate 

CBI concerns ‘‘anymore than a farmer 

not disclosing the amount of corn grown 

on a hectare of land would protect CBI.’’ 

According to the commenter, a review 

of the DE helps evaluate the efficiency 

of different technologies, whether 

companies are optimizing the 

equipment and whether different 

collection techniques such as collection 

and destruction at a central facility are 

as effective as an in-line destruction 

technology. The commenter concluded 

that the EPA should withdraw these 

proposed changes as the needs of public 

transparency outweigh any alleged CBI 

concern. 

Response: The commenter specifically 

objects to the removal of reporting 

requirements in 40 CFR 98.126(b)(5)– 

(9), (f)(1), (g)(1), and (h)(2). The EPA has 

categorized these data elements as 

‘‘inputs to equations,’’ except for those 

in 40 CFR 98.126(b)(5). As stated in the 

proposed rule deferring the requirement 

to report inputs to equations, ‘‘For any 

inputs, the release of which EPA 

determines could result in the business 

harms alleged by commenters, EPA 

would evaluate whether emissions can 

be calculated or verified using 

additional methodologies, consistent 

with the transparency and accuracy 

goals of Part 98, without EPA collecting 

these inputs’’ (75 FR 81355). We 

examined the data elements for which 

reporting was deferred to 2015, as 

described in the Proposed Inputs Rule 

(78 FR 55994). Our evaluation involved 

a four-step process. The results of this 

evaluation were documented in the four 

following memoranda available in the 

EPA’s Docket ID No. EPA–HQ–OAR– 

2010–0929: 

• ‘‘Evaluation of Public Availability 

of Inputs to Emission Equations for 

which Reporting was Deferred to March 

31, 2015,’’ August 2013. 

• ‘‘Evaluation of Competitive Harm 

from Disclosure of ‘Inputs to Equations’ 

Data Elements Deferred to March 31, 

2015,’’ August 2013. 

• ‘‘Evaluation of Alternative 

Calculation Methods,’’ August 2013. 

• ‘‘Evaluation of Alternative 

Verification Approaches For 

Greenhouse Gas Reporting Rule 

Subparts for which Reporting of Inputs 

to Emission Equations was Deferred to 

March 31, 2015,’’ August 2013. 

Based on the results of the first and 

second steps of the evaluation 

(evaluation of public availability and 

competitive harm), the EPA identified 

disclosure concerns associated with the 

subpart L inputs to equations reporting 

elements mentioned by the commenter. 

The EPA determined in its 

memorandum ‘‘Evaluation of 

Competitive Harm from Disclosure of 

‘Inputs to Equations’ Data Elements 

Deferred to March 31, 2015,’’ August 

2013 (refer to Docket ID No. EPA–HQ– 

OAR–2010–0929) that the following 

inputs to emission equations provide 

production or raw material data that 

could cause competitive harm if 

released: The mass of each fluorinecontaining reactant that is fed into the 

process (40 CFR 98.126(b)(6)); the mass 

of each fluorine-containing product 

produced by the process (40 CFR 

98.126(b)(7)); the mass of each fluorinecontaining product, by-product, and 

reactant that are removed from the 

process and fed into the destruction 

device (40 CFR 98.126(b)(8)(i)–(iii)); the 

mass of each fluorine-containing byproduct that is removed from the 

process and recaptured (40 CFR 

98.126(b)(8)(iv)); the mass of fluorine in 

each stream that is fed into the 

destruction device (40 CFR 

98.126(b)(9)(i)); the mass of fluorine that 

is recaptured (40 CFR 98.126(b)(9)(ii)); 

and the mass of the fluorinated GHG fed 

into the destruction device (40 CFR 

98.126(g)(1)). The competitive harm 

evaluation further explains that the 

demonstrated DE of the destruction 

device for each fluorinated GHG fed into 

the device from the process (40 CFR 

98.126(b)(8)(v)), the weighted average 

DE of the destruction device calculated 

for each stream (40 CFR 

98.126(b)(9)(iii)), and the DE of each 

destruction device for each fluorinated 

GHG whose destruction the facility 

reflects in 40 CFR 98.123 (40 CFR 

98.126(f)(1) provide data that could be 

used to calculate the amount of 

fluorinated GHG in a waste stream 

removed from the process and sent to a 

destruction device. Competitors could 

deduce the amount of fluorinated GHG 

sent to a destruction device if the 

annual emissions of each fluorinated 

GHG (as required to be reported under 

40 CFR 98.126(a)(2)) are known and if 

it could be deduced that the emissions 

consist exclusively of post-destruction 

device emissions (information that a 

competitor knowledgeable of some 

aspects of the facility and/or of fluorine 

chemistry might deduce). 

We proposed that these inputs to 

equations would be entered into IVT 

instead of being reported to the EPA. 

The commenter asserted that the 

amounts of gases produced and the 

destruction efficiencies would not 

disclose the methodologies for making 

those substances; however, it is not the 

potential disclosure of production 

methods that is of concern for these data 

elements, but the ability to calculate 

production and process efficiency from 

the release of these data. As discussed 

in the proposed competitive harm 

evaluation and reiterated in final 

competitive harm memorandum (which 

was unchanged from the proposed 

memo for subpart L), disclosing a 

facility’s production or throughput data 

would be detrimental to a firm’s 

competitiveness by revealing 

confidential process information and 

operational and marketing strategies, 

and disclosing process performance and 

operation information could be 


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20At one point in its comment, the commenter 

recommended establishing a separate group for 

fluorinated alcohols generally, which is a larger set 

than fluorotelomer alcohols, with an average GWP 

of approximately 25 (including fluorotelomer 

alcohols) or 30 (excluding fluorotelomer alcohols). 

Another commenter also recommended establishing 

a separate group to account for fluorinated GHGs 

with GWPs at or near a value of 10. As discussed 

in Section II.A of this preamble, we are establishing 

a separate fluorinated GHG group that has a default 

GWP of 30 and that includes, among other types of 

compounds, fluorinated alcohols other than 

fluorotelomer alcohols. 

detrimental to a firm’s competitiveness 

by revealing process efficiency, 

providing insight into a firm’s 

operational strengths and weaknesses. 

As a result, our finding that disclosure 

of these inputs to equation would be 

detrimental to a firm’s competitiveness 

still stands. Refer to the memorandum 

‘‘Final Evaluation of Competitive Harm 

from Disclosure of ‘‘Inputs to 

Equations’’ Data Elements Deferred to 

March 31, 2015’’ September 2014 (refer 

to Docket ID No. EPA–HQ–OAR–2010– 

0929) for additional details on this 

finding. We are therefore finalizing as 

proposed, with the exception being that 

the inputs to equation in 40 CFR 

98.126(b) will not be entered into IVT. 

These inputs are specific to the mass 

balance method, which is being 

removed in this action. As a result, 

since the use of IVT will start for 

reporting year 2015 for subpart L, the 

mass balance method will no longer be 

a method in subpart L. As discussed 

earlier in this section of the preamble, 

we are also requiring the effective DE to 

be reported as a range, which will 

capture the impacts of destruction 

efficiencies and downtimes while 

avoiding the disclosure of detailed 

process information. 

Finally, for the heel factor calculated 

for each container size and type (40 CFR 

98.126(h)(2)), the EPA determined in the 

harm evaluation that these data could be 

used to calculate the number of tanks 

processed if the emissions from each 

type of container (as required to be 

reported in 40 CFR 98.126(h)(1)) are also 

known. (The confidentiality 

determination for the emissions from 

each type of container as required to be 

reported in 40 CFR 98.126(h)(1) is being 

finalized in this action as emission 

data.) The number of each type of tank 

processed and the size of the tanks 

could provide insight into product sales. 

Again, the commenter did not provide 

any rationale for reversing these 

findings beyond asserting that the mass 

and amount of gases produced and the 

destruction efficiency rates will not 

disclose the methodologies for making 

the substances. As a result, our finding 

that the heel factor could provide 

insight into product sales still stands, 

and we are finalizing as proposed that 

this input to equation be entered into 

IVT rather than reported to the EPA. 

With respect to the mass of F–GHG 

by-product emitted from the process (40 

CFR 98.126(b)(5)), this data element is 

not an input to an equation and was 

therefore not included in the Proposed 

Inputs rule. It was, however, part of the 

Proposed Amendments to Subpart L. As 

discussed in the Proposed Amendments 

to Subpart L, the data element may 

reveal detailed process information. The 

EPA proposed to delete this reporting 

element as part of its removal of the 

mass balance method, and the EPA is 

finalizing the removal of this method in 

this action. 

5. Fluorinated GHG Groups 

a. Summary of Fluorinated GHG Groups 

We are establishing 12 fluorinated 

GHG groups into which subpart L 

facilities will sort emissions for 

reporting at the process level. These 

groups are the same as those established 

for purposes of developing and 

assigning the default GWPs being added 

to Table A–1, discussed in Section II.B. 

b. Changes Since the Proposed 

Amendments to Subpart L 

We proposed to establish five 

fluorinated GHG groups for processlevel reporting under subpart L: (1) 

Fully fluorinated GHGs and HTFs, (2) 

saturated HFCs, (3) saturated HFEs and 

saturated HCFEs, (4) unsaturated PFCs, 

unsaturated HFCs, unsaturated HCFCs, 

unsaturated HFEs, and fluorinated 

ketones, and (5) other fluorinated GHGs 

and HTFs. Commenters requested that 

we split the third group, expand the 

fourth group, and add two additional 

groups, fluorotelomer alcohols and 

fluorinated GHGs with carbon-iodine 

bonds, to increase the precision and 

accuracy of the default GWPs applied to 

the chemicals in these groups. One 

commenter stated that five types of 

compounds, including unsaturated 

fluorinated ethers, unsaturated 

halogenated esters, fluorinated 

aldehydes, fluorotelomer alcohols,20

and fluorinated GHGs with carbon 

iodine bonds, would have been assigned 

GWPs that were too high if they had 

remained in the ‘‘Other’’ category. 

Another commenter stated that two 

types of saturated HFEs and HCFEs 

would have been assigned GWPs that 

were, on average, either too high (for 

partially segregated saturated HFEs and 

HCFEs) or too low (for non-segregated 

saturated HFEs and HCFEs). 

We agreed with these comments and 

consequently included the suggested 

additional fluorinated GHG groups and 

associated default GWPs in the 

Proposed Rule to Add GWPs. We also 

proposed that the group of unsaturated 

compounds include unsaturated 

fluorinated ethers, unsaturated 

halogenated esters, and fluorinated 

aldehydes. Following additional 

research and the receipt of comments on 

the Proposed Rule to Add GWPs, we 

decided to add four additional 

fluorinated GHG groups, as described in 

Section II.A.2. In addition to increasing 

the precision and accuracy of the 

default GWPs, these changes increase 

the precision of the subpart L processlevel reporting that relies on these 

chemical groups. The analysis 

supporting the fluorinated GHG groups 

and associated default GWPs can be 

found in the memorandum entitled 

‘‘Analysis of Fluorinated Greenhouse 

Gas Groups and Associated Default 

GWPs (Revised, November 2014)’’ in 

Docket number EPA–HQ–OAR–2009– 

0927. 

c. Comments Received on the Proposed 

Amendments to Subpart L Regarding 

Fluorinated GHG Groups and Responses 

Comment: Three commenters 

supported the establishment of 

fluorinated GHG groups based on 

chemical type for purposes of 

aggregating process-level emissions and 

setting default GWPs, although each 

commenter suggested revisions to the 

proposed groups. 

Response: We agree that establishing 

fluorinated GHG groups and GWPs 

based on chemical type helps to ensure 

that the groupings and default GWPs 

convey accurate and precise information 

about the atmospheric impacts of the 

fluorinated GHGs that fall into the 

groups. The comments and responses 

regarding suggested changes to the 

proposed fluorinated GHG groups are 

discussed in Section II.B.5.b of this 

preamble and in the response to 

comments document for this rule in 

Docket number EPA–HQ–OAR–2009– 

0927. 

Comment: Three commenters 

supported adding chemical-specific 

GWPs to Table A–1 when those values 

were established by an internationally 

recognized scientific body, peerreviewed, or supported by adequate 

technical demonstrations. 

Response: As discussed above, the 

EPA is amending Table A–1 to add 98 

chemical-specific GWPs, which are 

primarily drawn from the IPCC AR5. A 

discussion of the EPA’s criteria for 

including chemical-specific GWPs in 

Table A–1 can be found in the Proposed 

Rule to Add GWPs (79 FR 44332). As 

noted above, the new chemical-specific 

GWPs in Table A–1 will be applied to 


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the fluorinated GHGs reported under 

subpart L, as appropriate, as well as 

under other subparts. 

Comment: One commenter continued 

to believe that the ‘‘best estimate’’ 

approach currently contained in the 

subpart L rule [98.126(j)(3)] as an 

interim reporting construct is the most 

appropriate method for determining 

GWPs when they are not listed in Table 

A–1. However, the commenter 

appreciated the EPA’s need to provide 

a consistent method for all reporters and 

the F–GHG groupings included in the 

subpart L proposal are acceptable. 

Another commenter supported the 

establishment of consistent default 

GWPs and stated that the best-estimate 

GWP process setup in the temporary 

subpart L reporting changes 

[98.126(j)(3)] led to doubts about the 

accuracy, reliability, and comparability 

of the data. 

Response: As discussed in the 

Proposed Amendments to Subpart L (78 

FR 69348), we believe that the 

replacement of ‘‘best-estimate’’ GWPs 

with multiple default GWPs based on 

fluorinated GHG group is important to 

ensuring the long-term consistency, 

accuracy, reliability, and comparability 

of CO2e emissions estimates for 

fluorinated gas producers. 

Comment: One commenter requested 

confirmation that when Table A–1 

contains a chemical-specific GWP for a 

fluorinated GHG, that value will be used 

to calculate and report emissions, and 

that default values will be used only 

when chemical-specific values are not 

available. Emissions from each 

fluorinated GHG group would include 

compounds whose GWPs could be 

either chemical-specific or default 

values. 

Response: The commenter is correct 

in this interpretation. To make this 

clear, we are finalizing the revisions to 

the definition of ‘‘global warming 

potential’’ that we proposed in the 

Proposed Rule to Add GWPs. This 

revision states that the chemical-specific 

GWPs in Table A–1 are required to be 

applied to GHGs that have chemicalspecific GWPs listed in Table A–1, 

while the default GWPs in Table A–1 

are required to be applied to fluorinated 

GHGs that do not have chemicalspecific GWPs listed in Table A–1. This 

is the case even when emissions of the 

fluorinated GHGs are reported in terms 

of CO2e by fluorinated GHG group. This 

will help to ensure that chemicalspecific and default GWPs are applied 

correctly and consistently in CO2e 

calculations for subpart L and across 

Part 98. 

Comment: Two commenters stated 

that it is their understanding that the 

introduction of the new default GWPs 

would not affect threshold evaluations 

that have already been conducted under 

subpart L (i.e., preliminary engineering 

estimates used to ascertain whether 

emissions testing is required). With the 

revised GWPs, one commenter noted it 

is possible that changes would occur in 

the calculations that are made under 40 

CFR 98.123(c)(1) or (2) and that 

calculated emissions could increase 

above the 10,000 mtCO2e per year 

reporting threshold. The other 

commenter stated their understanding is 

that this would only be required for new 

processes or process changes. One 

commenter requested that the EPA 

clearly state that additional testing 

would not be required until some other 

process change required this to be 

completed. 

Response: Fluorinated gas producers 

are not required to re-perform the 

preliminary calculations for each 

process vent emitting fluorinated GHGs 

whose GWPs are increasing under this 

rule. However, those preliminary 

calculations and the calculations 

performed for purposes of annual 

reporting are distinct. If the emissions 

that facilities calculate from a vent for 

purposes of annual reporting exceed the 

10,000-metric-ton-CO2e threshold based 

on the updated GWPs, they must 

perform emission testing on that vent 

during the following year. This is 

required by the current provisions of 

subpart L. 

40 CFR 98.123(c)(2)(i) states: ‘‘If the 

calculations under paragraph (c)(1) of 

this section, as well as any subsequent 

measurements and calculations under 

this subpart, indicate that the 

continuous process vent has fluorinated 

GHG emissions of less than 10,000 

metric ton CO2e per year, summed 

across all operating scenarios, then you 

may comply with either paragraph (c)(3) 

of this section (Emission Factor 

approach) or paragraph (c)(4) of this 

section (Emission Calculation Factor 

approach).’’ 40 CFR 98.123(c)(2)(ii) 

states ‘‘If the continuous process vent 

does not meet the criteria in paragraph 

(c)(2)(i) of this section then you must 

comply with the emission factor method 

specified in paragraph (c)(3) (Emission 

Factor Approach) of this section.’’ 

In the monitoring provisions of 

subpart L, 40 CFR 98.124(c)(8) further 

states: ‘‘If a continuous process vent 

with fluorinated GHG emissions less 

than 10,000 metric tons CO2e, per 40 

CFR 98.123(c)(2), is later found to have 

fluorinated GHG emissions of 10,000 

metric tons CO2e or greater, you must 

conduct the emission testing for the 

process vent during the following year 

and develop the process-vent-specific 

emission factor from the emissions 

testing.’’ 

Together, these paragraphs require 

fluorinated gas production facilities to 

conduct emissions testing on 

continuous process vents whose 

emissions are calculated to exceed 

10,000 metric tons of CO2e per year 

either under the preliminary 

calculations of 40 CFR 98.123(c)(1) or 

under subsequent measurements and 

calculations, particularly the 

measurements and calculations used to 

estimate emissions from the vent for 

every annual report. This testing must 

be performed in the following year and 

reflected in the report for that year. 

Thus, if a fluorinated gas production 

facility found that a vent exceeded the 

threshold in 2014, the facility would be 

required to perform testing by February 

28, 2016 to develop an emission factor 

to report the 2015 emissions from that 

vent. 

Comment: Two commenters requested 

clarification that subpart L facilities 

would not be required to re-perform any 

assessments that were performed in 

previous years, such as the calculation 

of the relative standard deviation of the 

emission factors measured to develop a 

process-vent-specific emission factor, 

and the calculation of differences among 

the emission calculation factors for 

different operating scenarios 

implemented in previous years. 

Response: Subpart L facilities are not 

required to recalculate either the 

relative standard deviation of the 

emission factors measured to develop a 

process-vent-specific emission factor, or 

the differences among the emission 

calculation factors for different 

operating scenarios implemented in 

previous years. However, in future 

calculations, they are required to use the 

GWPs in effect at the time of the 

calculation. 

Comment: Two commenters requested 

confirmation that, for purposes of 

comparing the emission calculation 

factors for different operating scenarios 

of the same process, they should use the 

same GWPs in both factors. 

Response: Under subpart L, facilities 

that plan a change to an operating 

scenario whose emission factor was 

measured must estimate and compare 

the emission calculation factors for the 

measured and changed scenarios. If the 

difference exceeds 15 percent, then the 

facility must re-test (40 CFR 

98.124(c)(7)(ii)). 

For purposes of these and similar 

calculations, facilities should use, for 

both the original and the updated 

parameters, the GWPs that are in the 

version of Table A–1 in effect at the 

time of the calculation. This will avoid 


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the introduction of differences that are 

caused by differences in GWPs rather 

than by changes to production 

processes. 

C. Removal of the Mass-Balance Method 

From Subpart L 

As proposed, we are removing the 

option to use a mass-balance method 

from the calculation and monitoring 

requirements of the rule. No facilities 

have used this method since RY 2011. 

We received no negative comments 

regarding the proposed removal. 

However, one commenter requested that 

the EPA include the mass-balance 

provisions in an appendix to Part 98 for 

future reference (e.g., in amending past 

reports) rather than referencing the 

Federal Register document that 

included the 2010 Subpart L Rule. We 

are including the mass-balance 

provisions in an appendix to subpart L 

because we are requiring full reporting 

in 2015 of emissions that may have been 

measured using the mass balance 

method during the 2011 reporting year. 

With the removal of the mass-balance 

method, facilities will still be able to use 

the emission factor and emission 

calculation factor approaches to 

monitor, calculate, and report their 

fluorinated GHG emissions. 

D. Clarification of the Subpart L 

Emission Factor Method 

1. Summary of Clarification of the 

Emission Factor Method 

The EPA is finalizing part of the 

proposed revision to the emission 

testing requirement at 40 CFR 

98.124(c)(1). For process vents for 

which facilities performed scoping 

speciations, facilities will be required to 

include in the emissions test ‘‘any 

fluorinated GHG that was identified in 

the initial scoping speciation’’ rather 

than ‘‘any fluorinated greenhouse gas 

that occurs in more than trace 

concentrations in the vent stream or, 

where a destruction device is used, in 

the inlet to the destruction device.’’ For 

process vents for which facilities did 

not perform scoping speciations, 

facilities will continue to be required to 

include ‘‘any fluorinated greenhouse gas 

that occurs in more than trace 

concentrations in the vent stream or, 

where a destruction device is used, in 

the inlet to the destruction device.’’ As 

noted in the proposed rule, a primary 

purpose of the scoping speciation was to 

identify fluorinated GHGs to measure in 

subsequent emissions testing for the 

development of emission factors, and 

this change ensures that the scoping 

speciation serves that purpose. The set 

of fluorinated GHGs identified in the 

scoping speciation is expected to be 

broader than the set of fluorinated GHGs 

that occurs in more than trace 

concentrations in vent streams because 

the scoping speciation requires the 

identification of fluorinated GHGs that 

occur in more than trace concentration 

in any stream, including process 

streams as well as vent streams. 

As noted in the proposed rule, this 

requirement will be applied to future 

testing, but not to past testing. 

2. Changes Since the Proposed Rule 

The proposed rule would also have 

required facilities to test for compounds 

that were ‘‘otherwise known to occur in 

the vent stream.’’ We are not finalizing 

this requirement after several 

commenters expressed concerns that it 

would require facilities to develop 

costly new protocols for fluorinated 

GHGs that are emitted at very low levels 

and that would fall below the detection 

limit in many cases. The commenters 

stated that the resulting testing would 

reveal ‘‘little if any additional emissions 

information’’ and would have only 

‘‘minor impact on the estimated total 

quantity of CO2e emitted nationwide.’’ 

To avoid the possibility of imposing 

large costs in order to quantify very 

small emissions of fluorinated GHGs, 

we are following the commenters’ 

recommendations. 

However, we plan to continue to 

evaluate the significance of and 

feasibility of measuring emissions of 

fluorinated GHGs that are known to 

occur in processes below trace 

concentrations. Based on our experience 

establishing stack testing requirements 

for another industry, fluorinated GHGs 

emitted from some types of facilities can 

be detected at concentrations below 20 

parts per billion, approximately 50,000 

times lower than 0.1 percent, the Part 98 

definition of ‘‘trace concentration.’’ In 

addition, emissions of trace 

concentrations of fluorinated GHGs at 

flow rates typical of these types of 

facilities would be very high. 

Nevertheless, we are aware that the 

conditions under which fluorinated 

GHGs are emitted from fluorinated gas 

production facilities (e.g., diluents and 

flow rates) may be significantly different 

from those of other facilities, indicating 

that more research is needed. 

In addition to potentially expanding 

the set of fluorinated GHGs that must be 

tested for in processes for which 

facilities perform scoping speciations, 

the ‘‘otherwise known to occur’’ 

language would have covered situations 

in which a process vent exceeded the 

10,000-mtCO2e threshold for emission 

testing but did not exceed the onemetric-ton-of-fluorinated-GHGs 

threshold for the scoping speciation. 

This situation is expected to be rare, but 

could occur if the fluorinated GHGs 

emitted had very high GWPs (i.e., over 

10,000). To continue to cover this 

situation, we are retaining the 

requirement to test for ‘‘any fluorinated 

greenhouse gas that occurs in more than 

trace concentrations in the vent stream 

or, where a destruction device is used, 

in the inlet to the destruction device’’ 

for processes for which facilities did not 

perform scoping speciations. 

III. Overview and Approach to Final 

CBI Determinations 

A. Final Confidentiality Determinations 

for New, Revised, and Unchanged Data 

Elements 

In this action, the EPA is finalizing 

both the confidentiality determinations 

that were included in the Proposed 

Amendments to Subpart L (for the new 

and substantially revised data elements) 

and many of the confidentiality 

determinations that were included in 

the 2012 Proposed Confidentiality 

Determinations (for the subpart L data 

elements that are not being removed or 

substantially revised). We received only 

supportive comments on the proposed 

confidentiality determinations for the 

new and substantially revised data 

elements, and are finalizing the 

confidentiality determinations as 

proposed for all 15 of those data 

elements. We received multiple 

comments on the January 10, 2012 

proposed confidentiality determinations 

for a number of existing subpart L data 

elements, and we have addressed these 

comments through the revisions to the 

subpart L reporting requirements being 

finalized in today’s action. For a list of 

these comments please see the comment 

response document in Docket number 

EPA–HQ–OAR–2009–0927. We are not 

finalizing determinations for reporting 

requirements associated with the use of 

Best Available Monitoring Methods 

(BAMM) under subpart L. Unlike the 

other data elements required to be 

reported under subpart L, BAMM data 

elements were reported only for 

reporting years 2011 and 2012 because 

the option to use BAMM expired in 

reporting year 2012 . In light of the 

above, we do not see a need to establish 

in this rulemaking the confidentiality 

status of the suite of BAMM data 

elements (approximately 60). In the 

event that we receive a request to 

release this information, depending on 

the nature and extent of the request, we 

will make such determinations either 

case-by-case or, if appropriate, by 

finalizing the CBI determinations in a 

separate rulemaking. Other than the 


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21There are 11 data categories for direct emitter 

subparts. See 2011 final CBI rule (76 FR 30782, May 

26, 2011). Subpart L is a direct emitter subpart. 

reporting requirements associated with 

BAMM, there are 14 existing subpart L 

data elements for which we received no 

comment on the proposed 

confidentiality determinations; we are 

finalizing the confidentiality 

determinations as proposed for 10 of 

these data elements. For the other four 

data elements, we have decided not to 

make a final confidentiality 

determination, as discussed below. We 

are also finalizing a confidentiality 

determination for a data element added 

since proposal. 

To make the confidentiality 

determinations, the EPA used the same 

approach that we previously used for 

the 2011 final CBI rule (76 FR 30782, 

May 26, 2011). Specifically, for the 25 

data elements (15 new and substantially 

revised data elements and 10 existing 

data elements), the confidentiality status 

of which we are finalizing today, the 

EPA had proposed to assign each of 

these data elements to one of 11 direct 

emitter data categories,21 based on the 

type and characteristics of the data 

elements. For a description of each data 

category and the type and 

characteristics of data elements assigned 

to each category, see Sections II.C and 

II.D of the July 7, 2010 CBI proposal 

preamble (75 FR 39106–39130). Based 

on its evaluation of these 25 data 

elements, the EPA proposed to assign 

each data element to one of the 

following direct emitter data categories: 

• Emissions. 

• Calculation Methodology and 

Methodological Tier. 

• Data Elements Reported for Periods 

of Missing Data that are Not Inputs to 

Emission Equations. 

• Facility and Unit Identifier 

Information. 

• Unit/Process ‘‘Static’’ 

Characteristics that are Not Inputs to 

Emission Equations. 

• Unit/Process Operating 

Characteristics that are Not Inputs to 

Emission Equations. 

• Test and Calibration Methods. 

In the 2011 final CBI rule (76 FR 

30782, May 26, 2011), the EPA made 

categorical determinations that all data 

elements assigned to the ‘‘Emissions,’’ 

‘‘Calculation Methodology and 

Methodological Tier,’’ ‘‘Facility and 

Unit Identifier Information,’’ and ‘‘Data 

Elements Reported for Periods of 

Missing Data that are Not Inputs to 

Emission Equations’’ data categories 

meet the definition of ‘‘emission data’’ 

in 40 CFR 2.301(a)(2)(i) and, thus, are 

not entitled to confidential treatment. In 

addition, the EPA determined that all 

data elements assigned to the ‘‘Test and 

Calibration Methods’’ data category 

were not CBI. The EPA had proposed to 

assign 21 of the 25 data elements to one 

of the above-mentioned data categories 

and to apply to these data elements the 

categorical confidentiality 

determinations of their assigned 

categories. The EPA is therefore 

finalizing the category assignment and 

application of the categorical 

determinations as proposed for these 21 

data elements. As shown in Table 4A of 

this preamble, 10 data elements are 

assigned to the ‘‘Emissions’’ data 

category, four data elements are 

assigned to the ‘‘Calculation 

Methodology and Methodological Tier’’ 

category, five data elements are assigned 

to the ‘‘Data Elements Reported for 

Periods of Missing Data that are Not 

Inputs to Emission Equations’’ data 

category, one data element is assigned to 

the ‘‘Facility and Unit Identifier 

Information’’ data category, and one 

data element to the ‘‘Test and 

Calibration Methods’’ category. Each of 

these 21 data elements is subject to the 

categorical confidentiality 

determination for the data category to 

which it is assigned. 

TABLE 4A—DATA ELEMENTS ASSIGNED TO THE ‘‘EMISSIONS,’’ ‘‘CALCULATION METHODOLOGY AND METHODOLOGICAL

TIER,’’ ‘‘FACILITY AND UNIT IDENTIFIER INFORMATION,’’ ‘‘TEST AND CALIBRATION METHODS,’’ AND ‘‘DATA ELEMENTS

REPORTED FOR PERIODS OF MISSING DATA THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES

Citation Data element 

‘‘Emissions’’ Data Category (determined to be emission data) 

40 CFR 98.126(a)(3) ................... For facilities with more than one fluorinated gas product: for each generically-identified production or transformation process and each fluorinated GHG group, total GWP-weighted emissions of all fluorinated GHGs 

in that group emitted from the process, in metric tons CO2e. 

40 CFR 98.126(a)(4)(i) ................ For facilities with more than one fluorinated gas product: for each fluorinated GHG with emissions of 1,000 

metric tons of CO2e or more from production and transformation processes, summed across the facility as 

a whole, the total mass in metric tons of the fluorinated GHG emitted from production and transformation 

processes, summed across the facility as a whole. 

40 CFR 98.126(a)(4)(ii) ............... For facilities with more than one fluorinated gas product: total GWP-weighted emissions of all other 

fluorinated GHGs from production and transformation processes by fluorinated GHG group for the facility 

as a whole, in metric tons of CO2e. 

40 CFR 98.126(a)(5) ................... For facilities that produce only one fluorinated gas product: aggregated total GWP-weighted emissions of 

fluorinated GHGs from production and transformation processes by fluorinated GHG group for the facility 

as a whole, in metric tons of CO2e. 

40 CFR 98.126(a)(5) ................... Where facilities produce only one fluorinated gas product but emissions from production and transformation 

processes consist of a major fluorinated GHG constituent of that fluorinated gas product, and the product 

is sold or transferred to another person: total mass in metric tons of each fluorinated GHG emitted from 

production and transformation processes that is a major fluorinated GHG constituent of the product. 

40 CFR 98.126(c)(3) ................... For the emission factor and emission factor calculation method: for each process and each fluorinated GHG 

group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from all process vents 

combined, in metric tons of CO2e. 

40 CFR 98.126(c)(4) ................... For the emission factor and emission factor calculation method: for each process and each fluorinated GHG 

group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from equipment leaks, 

in metric tons of CO2e. 

40 CFR 98.126(e) ....................... For each fluorinated gas production facility that destroys fluorinated GHGs, report the excess emissions that 

result from malfunctions of the destruction device. 


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TABLE 4A—DATA ELEMENTS ASSIGNED TO THE ‘‘EMISSIONS,’’ ‘‘CALCULATION METHODOLOGY AND METHODOLOGICAL

TIER,’’ ‘‘FACILITY AND UNIT IDENTIFIER INFORMATION,’’ ‘‘TEST AND CALIBRATION METHODS,’’ AND ‘‘DATA ELEMENTS

REPORTED FOR PERIODS OF MISSING DATA THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES— 

Continued 

Citation Data element 

40 CFR 98.126(g)(2) ................... For each fluorinated gas production facility that destroys fluorinated GHGs, report the mass of each previously produced fluorinated GHG emitted from the destruction device (metric tons). 

40 CFR 98.126(h)(1) ................... For each fluorinated gas production facility that vents residual fluorinated GHGs from containers, report, for 

each fluorinated GHG vented, the mass of the residual fluorinated GHG vented from containers annually 

(metric tons). 

‘‘Calculation Methodology and Methodological Tier’’ Data Category (determined to be emission data) 

40 CFR 98.126(a)(2)(iv) .............. For each generically identified fluorinated gas production and transformation process and each fluorinated 

GHG group at the facility: the methods used to determine the mass emissions of that fluorinated GHG 

group from that process from process vents. 

40 CFR 98.126(a)(2)(v) ............... For each generically identified fluorinated gas production and transformation process and each fluorinated 

GHG group at the facility: the methods used to determine the mass emissions of that fluorinated GHG 

group from that process from equipment leaks, unless the mass balance method was used (for RYs 2011, 

2012, 2013 and 2014 only). 

40 CFR 98.126(b)(1) ................... For the mass-balance approach (for RYs 2011, 2012, 2013 and 2014 only): the overall absolute and relative 

errors calculated for the process under the former 40 CFR 98.123(b)(1), in tons and decimal fraction, respectively. 

40 CFR 98.126(b)(2) ................... For the mass-balance approach (for RYs 2011, 2012, 2013 and 2014 only): the method used to estimate the 

total mass of fluorine in destroyed or recaptured streams (specify the former 40 CFR 98.123(b)(4) or (15)). 

‘‘Data Elements Reported for Periods of Missing Data That Are Not Inputs to Emission Equations’’ Data Category (determined to be 

emission data) 

40 CFR 98.126(d)(1) ................... Where missing data have been estimated pursuant to 40 CFR 98.125, the generically identified process for 

which the data were missing. 

40 CFR 98.126(d)(2) ................... Where missing data have been estimated according to 40 CFR 98.125, the reason the data were missing. 

40 CFR 98.126(d)(2) ................... Where missing data have been estimated according to 40 CFR 98.125, the length of time the data were 

missing. 

40 CFR 98.126(d)(2) ................... Where missing data have been estimated according to 40 CFR 98.125, the method used to estimate the 

missing data. 

40 CFR 98.126(d)(3) ................... Where missing data have been estimated according to 98.125, estimates of the missing data for all missing 

data associated with data elements required to be reported in this section. 

‘‘Facility and Unit Identifier Information’’ Data Category (determined to be emission data) 

40 CFR 98.126(a)(2)(i) ................ For each generically identified production and transformation process at the facility: a number, letter, or other 

identifier for the process. This identifier must be consistent from year to year. 

‘‘Test and Calibration Methods’’ Data Category (determined not to be CBI) 

40 CFR 98.126(f)(3) .................... For each fluorinated gas production facility that destroys fluorinated GHGs, the date of the most recent destruction device test. 

In the Proposed Amendments to 

Subpart L, the EPA proposed to assign 

two new data elements to the ‘‘Unit/

Process ‘Static’ Characteristics that are 

Not Inputs to Emission Equations’’ 

category and one new data element to 

the ‘‘Unit/Process Operating 

Characteristics that are Not Inputs to 

Emission Equations’’ category. In 

addition, the EPA had proposed to 

assign one existing data element to the 

‘‘Unit/Process Operating Characteristics 

that are Not Inputs to Emission 

Equations’’ in the 2012 Proposed 

Confidentiality Determinations. In the 

2011 final CBI rule, the EPA determined 

that the data elements in these 

categories are not ‘‘emission data’’ (as 

defined at 40 CFR 2.301(a)(2)(i)). 

However, instead of categorical 

determinations, the EPA made 

confidentiality determinations for 

individual data elements assigned to 

these categories. In proposing these 

determinations, the EPA considered the 

confidentiality criteria at 40 CFR 2.208, 

in particular whether release of the data 

is likely to cause substantial harm to the 

business’s competitive position. See 40 

CFR 2.208(e)(1). The EPA followed the 

same approach and proposed individual 

confidentiality determination for each of 

the four data elements assigned to these 

two data categories. The EPA received 

no comment on these proposed 

determinations and we are finalizing 

these determinations as proposed. Table 

4B of this preamble identifies these four 

data elements along with their 

confidentiality determinations and the 

supporting rationales. 


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TABLE 4B—FINAL CONFIDENTIALITY DETERMINATIONS FOR NEW DATA ELEMENTS ASSIGNED TO THE ‘‘UNIT/PROCESS

‘STATIC’ CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ AND THE ‘‘UNIT/PROCESS OPERATING

CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES

Citation Data element Confidentiality 

determination 

Rationale for 

confidentiality 

determination 

Unit/Process ‘Static’ Characteristics That Are Not Inputs to Emission Equations 

40 CFR 98.126(a)(2)(ii) ............... For each generically identified production 

and transformation process at the facility: 

indication of whether the process is a 

fluorinated gas production process, a 

fluorinated gas transformation process 

where no fluorinated GHG reactant is 

produced at another facility, or a 

fluorinated gas transformation process 

where one or more fluorinated GHG 

reactants are produced at another facility. 

Not CBI ............. This data element would reveal only general information about the type of operation, which would not reveal any information about the production process 

(e.g., number of process steps, manufacturing efficiencies, novel productions 

methods) that would allow competitors to 

gain a competitive advantage. 

40 CFR 98.126(a)(2)(iii) .............. For each generically-identified production 

and transformation process at the facility: 

Indication of whether the process could 

be characterized as reaction, distillation, 

or packaging (include all that apply). 

Not CBI ............. This data element would reveal only a general description of the type of production 

process, which would not reveal any information about the process (e.g., number of process steps, manufacturing efficiencies, novel productions methods) that 

would allow competitors to gain a competitive advantage. 

Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations 

40 CFR 98.126(a)(6) ................... For each generically identified process, the 

range in Table L–2 that encompasses 

the effective DE, DEeffective, calculated for 

that process using Equation L–35, based 

on CO2e. 

Not CBI ............. This data element would place the effective 

DE for the process in a range. For any 

given level of emissions, this range 

would correspond to a range of masses 

vented to the destruction device that 

spanned a factor of four or more. Thus, 

even if competitors had a rough estimate 

of the quantity of the product produced 

(e.g., from sources other than the 

GHGRP), this information would not reveal any information about the process 

(e.g., manufacturing efficiencies) that 

would allow competitors to gain a competitive advantage. 

40 CFR 98.126(f)(4) .................... For each fluorinated gas production facility 

that destroys fluorinated GHGs, the 

name of all applicable federal or state 

regulations that may apply to the destruction process. 

Not CBI ............. This data element would not reveal any information about the process (e.g., manufacturing efficiencies) that would allow 

competitors to gain a competitive advantage. 

The EPA has decided not to make a 

final determination for four existing 

data elements that remain unchanged in 

today’s amendments: 

• For each fluorinated gas production 

facility that destroys fluorinated GHGs, 

chemical identity of the F–GHG(s) used 

in the performance test conducted to 

determine DE, including surrogates (40 

CFR 98.126(f)(2)). 

• For each fluorinated gas production 

facility that destroys fluorinated GHGs, 

information on why the surrogate is 

sufficient to demonstrate the DE for 

each fluorinated GHG (40 CFR 

98.126(f)(2)). 

• For each fluorinated gas production 

facility that destroys fluorinated GHGs, 

submit a one-time report describing 

measurements, research, or analysis that 

relate to the formation of products of 

incomplete combustion that are 

fluorinated GHGs during the destruction 

of fluorinated gases, including methods 

and results (40 CFR 98.126(i)). 

• The report must include the 

methods and results of any 

measurement or modeling studies, 

including the products of incomplete 

combustion for which the exhaust 

stream was analyzed, as well as copies 

of relevant scientific papers, if available, 

or citations of the papers, if they are not 

(40 CFR 98.126(i)). 

In the 2012 Proposed CBI 

Determinations, the EPA proposed that 

these four data elements are non-CBI. 

Although the EPA did not receive 

specific comments on these four 

proposed determinations, the EPA 

received comments that raised concerns 

regarding the disclosure of the contents 

of process streams including 

information that could be revealed with 

the disclosure of these four data 

elements. The EPA concluded that the 

nature of the information submitted 

under these data elements could vary 

significantly among reporters and may 

include information related to the 

contents of process streams. For 

example, some reporters may submit 

information related to the contents of 

process streams as part of their 

demonstration of why the surrogate 

compound is sufficient to demonstrate 

the DE for each fluorinated GHG. 

However, the EPA anticipates that other 

facilities may submit information 

unrelated to the contents of process 

streams. In light of the above, the EPA 


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is not making final confidentiality 

determinations for these data elements. 

Any confidentiality status of these data 

elements will be evaluated on a case-bycase basis, in accordance with the 

existing CBI regulations in 40 CFR part 

2, subpart B. 

We are finalizing a confidentiality 

determination for the data reporting 

element that was added to 40 CFR 98. 

3(c)(4)(iii)(E) since proposal; as a result 

we did not propose a confidentiality 

determination for this data element. 

This data element specifies that if a 

fluorinated GHG does not have a 

chemical-specific GWP in Table A–1, 

then reporters must ‘‘report the 

fluorinated GHG group of which that 

fluorinated GHG is a member’’ This data 

reporting element clearly fits into the 

‘‘Calculation Methodology and 

Methodological Tier’’ Data Category’’ as 

it allows the EPA to determine whether 

the correct method was used, or 

specifically, whether an appropriate 

GWP was applied. Therefore, we are 

assigning it to this data category and 

applying the categorical determination 

for this category, which is emission 

data. 

Lastly, we note that we have already 

established in a previous rulemaking the 

confidentiality status of the data 

element in 40 CFR 98.126(d) that is 

included in today’s final rule. As 

explained in Section II.B.2.b of this 

preamble, this data element is among 

the data already required to be reported 

under subpart A, 40 CFR 98.3(c)(8), but 

that we are now requiring its reporting 

explicitly under subpart L 40 CFR 

98.126(d) for clarity. (This data element 

is the generically identified process for 

which data were missing, discussed in 

Section II.B.2.b of this preamble.) In 76 

FR 30782, we determined that the data 

to be reported under 40 CFR 98.3(c)(8), 

including the data required under the 

new 40 CFR 98.126(d), are emission 

data, and therefore are not entitled to 

confidential treatment. Therefore, no 

separate confidentiality determination is 

necessary due to the addition of 40 CFR 

98.126(d). 

B. Public Comments on the Proposed 

Confidentiality Determinations and 

Responses to Public Comment 

The EPA is finalizing all 

confidentiality determinations for the 

new and substantially revised data 

elements as they were proposed. Please 

refer to the preamble for the Proposed 

Amendments to Subpart L for additional 

information regarding the proposed 

confidentiality determinations. Two 

commenters noted that the proposed 

CBI determinations were acceptable, 

given other changes to the rule and the 

transition to reporting by F–GHG 

groups. For comments and responses 

regarding confidentiality determinations 

for new and revised data elements, 

please refer to the comment response 

document in Docket ID. No. EPA–HQ– 

OAR–2009–0927. 

The EPA is also finalizing proposed 

confidentiality determinations for 10 

existing data elements. Please see the 

preamble for the 2012 Proposed 

Confidentiality Determinations for 

additional information regarding the 

proposed confidentiality 

determinations. We did not receive any 

comments on these determinations. 

IV. Impacts of the Final Rule 

The EPA has determined that the cost 

associated with this final action will be 

$792 in the first year of implementation 

and $0 in each subsequent year, as 

further summarized below. These costs 

are related to the implementation of the 

alternative verification approach 

addressing the inputs to emission 

equations for which disclosure concerns 

were identified. A full discussion of 

these impacts may be found in the 

memorandum ‘‘Assessment of Cost 

Impacts of 2015 Inputs Proposal— 

Revisions to Reporting, Recordkeeping, 

and Verification Requirements Under 

the Greenhouse Gas Reporting 

Program,’’ August 2013, available in the 

EPA’s docket number EPA–HQ–OAR– 

2010–0929. The EPA has determined 

that the other amendments to subpart L 

and subpart A being finalized in this 

action will not result in an increase in 

costs. A full discussion of the impacts 

of the other amendments may be found 

in the ‘‘2013 Amendments to the 

Greenhouse Gas Reporting Rule for the 

Fluorinated Gas Production Source 

Category Cost Memo’’ in docket number 

EPA–HQ–OAR–2009–0927. 

A. How were the costs of this final rule 

estimated? 

1. Inputs Verification Tool 

The data elements required to be used 

for calculating the annual GHG 

emissions values, and the cost 

associated with collecting these data 

elements, have not changed from the 

estimate made during the original 

rulemaking process. The time associated 

with entry of these inputs to emission 

equations into e-GGRT (including into 

the new IVT) is expected to be 

equivalent to the time originally 

anticipated for data entry. Prior to using 

IVT, as currently required, reporters 

must use their own calculation tool 

(e.g., calculator, calculation software) to 

calculate the annual GHG emissions 

values, using the same sets of equations 

and entering the same data elements 

that they would enter into the tool. 

The EPA does recognize, however, 

that there may be some time associated 

with learning the new procedures for 

IVT and we have estimated a cost of 

approximately $66 per facility, or $792 

for the first year for all 12 subpart L 

facilities that do not also report under 

subpart O. (The burden and costs for the 

four facilities that report under both 

subpart O and subpart L are already 

accounted for in the Final Inputs Rule.) 

During their first session using IVT, 

reporters would need to spend 

approximately one hour to become 

familiar with how the tool operates 

within e-GGRT. The requirement to use 

IVT would not result in any change in 

the respondent activity of entering these 

data into e-GGRT. Once the reporter has 

become familiar with the tool, the EPA 

does not anticipate any additional 

burden. The cost includes technical, 

clerical, and managerial labor hours. For 

further information about this cost 

estimate, refer to the memorandum 

‘‘Assessment of Cost Impacts of 2015 

Inputs Final Rule—Revisions to 

Reporting, Recordkeeping, and 

Verification Requirements Under the 

Greenhouse Gas Reporting Program’’ 

(September 2014) and the supporting 

statement for the information collection 

request, ‘‘Supporting Statement, 

Environmental Protection Agency: 

Revisions to Reporting and 

Recordkeeping Requirements, and Final 

Confidentiality Determinations Under 

the Greenhouse Gas Reporting Program, 

Office of Management and Budget 

(OMB) Control Number 2060–0629, ICR 

Number 2300.12,’’ both available in 

Docket ID No. EPA–HQ–OAR–2010– 

0929. 

B. Do the final confidentiality 

determinations change the impacts of 

the final amendments? 

The final confidentiality 

determinations for the new data 

elements would not affect whether and 

how data are reported and, therefore, 

would not impose any additional 

burden on sources. Whether a data 

reporting element is determined to be 

CBI, not CBI, or emission data, the 

reporting element is reported to the EPA 

through e-GGRT in the same manner. 

V. 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 


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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). This action (1) 

amends certain provisions of the 

Fluorinated Gas Production source 

category, including finalizing an 

alternative verification approach for this 

source category in lieu of collecting 

certain data elements for which the EPA 

has identified disclosure concerns and 

for which the reporting deadline was 

deferred until March 31, 2015, (2) adds 

chemical-specific and default GWPs for 

a number of fluorinated greenhouse 

gases and fluorinated heat transfer 

fluids to the general provisions of the 

Greenhouse Gas Reporting Rule, and (3) 

finalizes confidentiality determinations 

for certain reporting requirements of the 

Fluorinated Gas Production source 

category. 

B. Paperwork Reduction Act 

The Office of Management and Budget 

(OMB) has approved the information 

collection requirements for 40 CFR part 

98 under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., and has assigned OMB 

control numbers 2060–0629 and 2060– 

0650, respectively, and ICR 2300.10. 

The OMB control numbers for the EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. The revisions in this final 

action result in a small increase in 

burden, and the ICR will be modified to 

reflect this burden change. Further 

information on the EPA’s assessment on 

the impact on burden can be found in 

the analyses ‘‘Assessment of Cost 

Impacts of 2015 Inputs Proposal— 

Revisions to Reporting, Recordkeeping, 

and Verification Requirements Under 

the Greenhouse Gas Reporting 

Program,’’ August 2013, available in the 

EPA’s Docket ID No. EPA–HQ–OAR– 

2010–0929, in the ‘‘2013 Amendments 

to the Greenhouse Gas Reporting Rule 

for the Fluorinated Gas Production 

Source Category Cost Memo’’ and 

‘‘Economic Analysis of Adding 

Chemical-Specific and Default GWPs to 

Table A–1’’, both in docket number 

EPA–HQ–OAR–2009–0927. 

This action (1) amends certain 

provisions of the Fluorinated Gas 

Production source category, including 

finalizing an alternative verification 

approach for this source category in lieu 

of collecting certain data elements for 

which the EPA has identified disclosure 

concerns and for which the reporting 

deadline was deferred until March 31, 

2015, (2) adds chemical-specific and 

default GWPs for a number of 

fluorinated greenhouse gases and 

fluorinated heat transfer fluids to the 

general provisions of the Greenhouse 

Gas Reporting Rule, and (3) finalizes 

confidentiality determinations for 

certain reporting requirements of the 

Fluorinated Gas Production source 

category. 

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 impact 

of this final 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 that is independently owned 

and operated and is not dominant in its 

field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The addition of chemical-specific and 

default GWPs to subpart A is not 

expected to affect the applicability of 

the rule to small entities. The 

amendments to subpart L (including the 

requirement to enter inputs to subpart L 

emission equations into IVT) affect 

fluorinated gas producers, none of 

which are small entities. 

Although this final rule will not have 

a significant economic impact on a 

substantial number of small entities, the 

EPA nonetheless has tried to reduce the 

impact of Part 98 on small entities. For 

example, the EPA conducted several 

meetings with industry associations to 

discuss regulatory options and the 

corresponding burden on industry, such 

as recordkeeping and reporting. The 

EPA continues to conduct significant 

outreach on Part 98 and maintains an 

‘‘open door’’ policy for stakeholders to 

help inform the EPA’s understanding of 

key issues for the industries. 

D. Unfunded Mandates Reform Act 

(UMRA) 

The final rule amendments and 

confidentiality determinations 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 

final rule amendments and 

confidentiality determinations are not 

subject to the requirements of Sections 

202 and 205 of the UMRA. 

This final 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. 

Facilities and suppliers subject to the 

rule include fluorinated gas producers, 

electronics manufacturers, magnesium 

producers and processors, 

manufacturers and users of electrical 

equipment, importers and exporters of 

fluorinated GHGs in bulk, and importers 

and exporters of pre-charged equipment 

and closed-cell foams that contain 

fluorinated GHGs. None of the facilities 

currently known to undertake these 

activities is owned by a small 

government. Therefore, this action is not 

subject to the requirements of Section 

203 of the UMRA. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. For a more 

detailed discussion about how Part 98 

relates to existing state programs, please 

see Section II of the preamble to the 

final Greenhouse Gas reporting rule (74 

FR 56266, October 30, 2009). 

The final amendments and 

confidentiality determinations apply 

directly to fluorinated gas producers, 

electronics manufacturers, magnesium 

producers and processors, 

manufacturers and users of electrical 

equipment, importers and exporters of 

fluorinated GHGs in bulk, and importers 

and exporters of pre-charged equipment 

and closed-cell foams that contain 

fluorinated GHGs. They do not apply to 

governmental entities unless the 

government entity owns a facility that 

falls into one of these categories and 

that emits or supplies fluorinated GHGs 

above threshold levels. We are not 

aware of any governmental entities that 

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 


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action, the EPA did consult with state 

and local officials or representatives of 

state and local governments in 

developing subpart L, promulgated on 

December 1, 2010. A summary of the 

EPA’s consultations with state and local 

governments is provided in Section 

VIII.E of the preamble to the 2009 final 

rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between the 

EPA and state and local governments, 

the EPA specifically solicited comment 

on the proposed action from state and 

local officials. We received no 

comments from state and local officials 

on the proposed rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The final amendments and 

confidentiality determinations apply to 

fluorinated gas producers, electronics 

manufacturers, magnesium producers 

and processors, manufacturers and users 

of electrical equipment, importers and 

exporters of fluorinated GHGs in bulk, 

and importers and exporters of precharged equipment and closed-cell 

foams that contain fluorinated GHGs. 

They will not have tribal implications 

unless the tribal entity owns a facility 

that falls into one of these categories 

and that emits or supplies fluorinated 

GHGs above threshold levels. We are 

not aware of any tribal facilities that 

will be affected. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under Section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113 (15 U.S.C. 272 note), directs the 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This final rule does not involve any 

new technical standards. Therefore, the 

EPA did not consider the use of specific 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations. 

It does not affect the level of protection 

provided to human health or the 

environment because it is a rule 

addressing information collection and 

reporting procedures. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication 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 on 

January 1, 2015. 

List of Subjects 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Reporting and 

recordkeeping requirements. 

Dated: November 25, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, part 98 of title 40, chapter I, 

of the Code of Federal Regulations is 

amended as follows: 

PART 98—MANDATORY 

GREENHOUSE GAS REPORTING 

■ 1. The authority citation for part 98 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. Section 98.2 is amended by revising 

paragraphs (b)(1) and (4) and (f)(1) to 

read as follows: 

§ 98.2 Who must report? 

* * * * * 

(b) * * * 

(1) Calculate the annual emissions of 

CO2, CH4, N2O, and each fluorinated 

GHG in metric tons from all applicable 

source categories listed in paragraph 

(a)(2) of this section. The GHG 

emissions shall be calculated using the 

calculation methodologies specified in 

each applicable subpart and available 

company records. 

* * * * * 

(4) Sum the emissions estimates from 

paragraphs (b)(1), (b)(2), and (b)(3) of 

this section for each GHG and calculate 

metric tons of CO2e using Equation A– 

1 of this section. 


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Where: 

CO2e = Carbon dioxide equivalent, metric 

tons/year. 

GHGi = Mass emissions of each greenhouse 

gas, metric tons/year. 

GWPi = Global warming potential for each 

greenhouse gas from Table A–1 of this 

subpart. 

n = The number of greenhouse gases emitted. 

* * * * * 

(f) * * * 

(1) Calculate the mass in metric tons 

per year of CO2, N2O, and each 

fluorinated GHG that is imported and 

the mass in metric tons per year of CO2, 

N2O, and each fluorinated GHG that is 

exported during the year. 

* * * * * 

■ 3. Section 98.3 is amended by: 

■ a. Revising paragraphs (c)(4)(iii)(E) 

and (F) and (c)(5)(i) and (ii); 

■ b. Removing and reserving paragraph 

(c)(4)(vi); 

■ c. Revising paragraph (k); 

■ d. Revising paragraphs (l) 

introductory text, (1)(1), and (1)(2) 

introductory text; 

■ e. Revising paragraphs (l)(2)(i), 

(l)(2)(ii)(C) through (E), and (l)(2)(iii). 

The revisions read as follows: 

§ 98.3 What are the general monitoring, 

reporting, recordkeeping, and verification 

requirements of this part? 

* * * * * 

(c) * * * 

(4) * * * 

(iii) * * * 

(E) Each fluorinated GHG (as defined 

in § 98.6), except fluorinated gas 

production facilities must comply with 

§ 98.126(a) rather than this paragraph 

(c)(4)(iii)(E). If a fluorinated GHG does 

not have a chemical-specific GWP in 

Table A–1 of this subpart, identify and 

report the fluorinated GHG group of 

which that fluorinated GHG is a 

member. 

(F) For electronics manufacturing (as 

defined in § 98.90), each fluorinated 

heat transfer fluid (as defined in § 98.98) 

that is not also a fluorinated GHG as 

specified under (c)(4)(iii)(E) of this 

section. If a fluorinated heat transfer 

fluid does not have a chemical-specific 

GWP in Table A–1 of this subpart, 

identify and report the fluorinated GHG 

group of which that fluorinated heat 

transfer fluid is a member. 

* * * * * 

(5) * * * 

(i) Total quantity of GHG aggregated 

for all GHG from all applicable supply 

categories in Table A–5 of this subpart 

and expressed in metric tons of CO2e 

calculated using Equation A–1 of this 

subpart. 

(ii) Quantity of each GHG from each 

applicable supply category in Table A– 

5 to this subpart, expressed in metric 

tons of each GHG. 

* * * * * 

(k) Revised global warming potentials 

and special provisions for reporting year 

2013 and subsequent reporting years. 

This paragraph (k) applies to owners or 

operators of facilities or suppliers that 

first become subject to any subpart of 

part 98 solely due to an amendment to 

Table A–1 of this subpart. 

(1) A facility or supplier that first 

becomes subject to part 98 due to a 

change in the GWP for one or more 

compounds in Table A–1 of this 

subpart, Global Warming Potentials, is 

not required to submit an annual GHG 

report for the reporting year during 

which the change in GWPs is published. 

(2) A facility or supplier that was 

already subject to one or more subparts 

of part 98 but becomes subject to one or 

more additional subparts due to a 

change in the GWP for one or more 

compounds in Table A–1 of this 

subpart, is not required to include those 

subparts to which the facility is subject 

only due to the change in the GWP in 

the annual GHG report submitted for the 

reporting year during which the change 

in GWPs is published. 

(3) Starting on January 1 of the year 

after the year during which the change 

in GWPs is published, facilities or 

suppliers identified in paragraphs (k)(1) 

or (2) of this section must start 

monitoring and collecting GHG data in 

compliance with the applicable subparts 

of part 98 to which the facility is subject 

due to the change in the GWP for the 

annual greenhouse gas report for that 

reporting year, which is due by March 

31 of the following calendar year. 

(4) A change in the GWP for one or 

more compounds includes the addition 

to Table A–1 of this subpart of either a 

chemical-specific or a default GWP that 

applies to a compound to which no 

chemical-specific GWP in Table A–1 of 

this subpart previously applied. 

(l) Special provision for best available 

monitoring methods in 2014 and 

subsequent years. This paragraph (l) 

applies to owners or operators of 

facilities or suppliers that first become 

subject to any subpart of part 98 due to 

an amendment to Table A–1 of this 

subpart, Global Warming Potentials. 

(1) Best available monitoring 

methods. From January 1 to March 31 of 

the year after the year during which the 

change in GWPs is published, owners or 

operators subject to this paragraph (l) 

may use best available monitoring 

methods for any parameter (e.g., fuel 

use, feedstock rates) that cannot 

reasonably be measured according to the 

monitoring and QA/QC requirements of 

a relevant subpart. The owner or 

operator must use the calculation 

methodologies and equations in the 

‘‘Calculating GHG Emissions’’ sections 

of each relevant subpart, but may use 

the best available monitoring method for 

any parameter for which it is not 

reasonably feasible to acquire, install, 

and operate a required piece of 

monitoring equipment by January 1 of 

the year after the year during which the 

change in GWPs is published. Starting 

no later than April 1 of the year after the 

year during which the change in GWPs 

is published, the owner or operator 

must discontinue using best available 

methods and begin following all 

applicable monitoring and QA/QC 

requirements of this part, except as 

provided in paragraph (l)(2) of this 

section. Best available monitoring 

methods means any of the following 

methods: 

* * * * * 

(2) Requests for extension of the use 

of best available monitoring methods. 

The owner or operator may submit a 

request to the Administrator to use one 

or more best available monitoring 

methods beyond March 31 of the year 

after the year during which the change 

in GWPs is published. 

(i) Timing of request. The extension 

request must be submitted to EPA no 

later than January 31 of the year after 

the year during which the change in 

GWPs is published. 

(ii) * * * 

(C) A description of the reasons that 

the needed equipment could not be 

obtained and installed before April 1 of 

the year after the year during which the 

change in GWPs is published. 

(D) If the reason for the extension is 

that the equipment cannot be purchased 

and delivered by April 1 of the year 

after the year during which the change 

in GWPs is published, include 

supporting documentation such as the 

date the monitoring equipment was 

ordered, investigation of alternative 

suppliers and the dates by which 

alternative vendors promised delivery, 

backorder notices or unexpected delays, 


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descriptions of actions taken to expedite 

delivery, and the current expected date 

of delivery. 

(E) If the reason for the extension is 

that the equipment cannot be installed 

without a process unit shutdown, 

include supporting documentation 

demonstrating that it is not practicable 

to isolate the equipment and install the 

monitoring instrument without a full 

process unit shutdown. Include the date 

of the most recent process unit 

shutdown, the frequency of shutdowns 

for this process unit, and the date of the 

next planned shutdown during which 

the monitoring equipment can be 

installed. If there has been a shutdown 

or if there is a planned process unit 

shutdown between November 29 of the 

year during which the change in GWPs 

is published and April 1 of the year after 

the year during which the change in 

GWPs is published, include a 

justification of why the equipment 

could not be obtained and installed 

during that shutdown. 

* * * * * 

(iii) Approval criteria. To obtain 

approval, the owner or operator must 

demonstrate to the Administrator’s 

satisfaction that it is not reasonably 

feasible to acquire, install, and operate 

a required piece of monitoring 

equipment by April 1 of the year after 

the year during which the change in 

GWPs is published. The use of best 

available methods under this paragraph 

(l) will not be approved beyond 

December 31 of the year after the year 

during which the change in GWPs is 

published. 

■ 4. Section 98.5 is amended by revising 

paragraph (b) to read as follows: 

§ 98.5 How is the report submitted? 

* * * * * 

(b) For reporting year 2014 and 

thereafter, unless a later year is 

specified in the applicable 

recordkeeping section, you must enter 

into verification software specified by 

the Administrator the data specified in 

the verification software records 

provision in each applicable 

recordkeeping section. For each data 

element entered into the verification 

software, if the software produces a 

warning message for the data value and 

you elect not to revise the data value, 

you may provide an explanation in the 

verification software of why the data 

value is not being revised. 

■ 5. Section 98.6 is amended by: 

■ a. Adding, in alphabetical order, the 

definition for Carbonofluoridates; 

■ b. Adding, in alphabetical order, the 

definition for Fluorinated acetates; 

■ c. Adding, in alphabetical order, the 

definition for Fluorinated alcohols other 

than fluorotelomer alcohols; 

■ d. Adding, in alphabetical order, the 

definition for Fluorinated formates; 

■ e. Adding, in alphabetical order, the 

definition for Fluorinated GHG group; 

■ f. Adding, in alphabetical order, the 

definition for Fluorotelomer alcohols; 

■ g. Adding, in alphabetical order, the 

definition for Fully fluorinated GHGs; 

■ h. Revising the definition for Global 

warming potential; 

■ i. Adding, in alphabetical order, the 

definition for Other fluorinated GHGs; 

■ j. Adding, in alphabetical order, the 

definition for Saturated 

hydrochlorofluoroethers (HCFEs); 

■ k. Adding, in alphabetical order, the 

definition for Saturated 

hydrofluorocarbons (HFCs); 

■ l. Adding, in alphabetical order, the 

definition for Saturated 

hydrofluoroethers (HFEs); 

■ m. Adding, in alphabetical order, the 

definition for Unsaturated halogenated 

ethers. 

■ n. Adding, in alphabetical order, the 

definition for Unsaturated 

hydrochlorofluorocarbons (HCFCs); 

■ o. Adding, in alphabetical order, the 

definition for Unsaturated 

hydrofluorocarbons (HFCs); and 

■ p. Adding, in alphabetical order, the 

definition for Unsaturated 

perfluorocarbons (PFCs). 

The revisions and additions read as 

follows: 

§ 98.6 Definitions. 

* * * * * 

Carbonofluoridates means fluorinated 

GHGs that are composed of a -OCF(O) 

group (carbonyl group with a singlebonded oxygen atom and a fluorine 

atom) that is linked on the singlebonded oxygen to another hydrocarbon 

group in which one or more of the 

hydrogen atoms may be replaced by 

fluorine atoms. 

* * * * * 

Fluorinated acetates means 

fluorinated GHGs that are composed of 

an acetate group with one or more 

valence locations on the methyl group 

of the acetate occupied by fluorine 

atoms (e.g., CFH2C(O)O-, CF2HC(O)O-) 

and, linked to the single-bonded oxygen 

of the acetate group, another 

hydrocarbon group in which one or 

more of the hydrogen atoms may be 

replaced by fluorine atoms. 

Fluorinated alcohols other than 

fluorotelomer alcohols means 

fluorinated GHGs that include an 

alcohol functional group (-OH) and that 

do not meet the definition of 

fluorotelomer alcohols. 

Fluorinated formates means 

fluorinated GHGs that are composed of 

a formate group -OCH(O) (carbonyl 

group with a single-bonded oxygen, and 

with a hydrogen atom) that is linked on 

the single-bonded oxygen atom to a 

hydrocarbon group in which one or 

more of the hydrogen atoms in the 

hydrocarbon group is replaced by 

fluorine atoms; the typical formula for 

fluorinated formates is FnROCH(O). 

* * * * * 

Fluorinated greenhouse gas (GHG) 

group means one of the following sets 

of fluorinated GHGs: Fully fluorinated 

GHGs; saturated hydrofluorocarbons 

with 2 or fewer carbon-hydrogen bonds; 

saturated hydrofluorocarbons with 3 or 

more carbon-hydrogen bonds; saturated 

hydrofluoroethers and 

hydrochlorofluoroethers with 1 carbonhydrogen bond; saturated 

hydrofluoroethers and 

hydrochlorofluoroethers with 2 carbonhydrogen bonds; saturated 

hydrofluoroethers and 

hydrochlorofluoroethers with 3 or more 

carbon-hydrogen bonds; fluorinated 

formates; fluorinated acetates, 

carbonofluoridates, and fluorinated 

alcohols other than fluorotelomer 

alcohols; unsaturated PFCs, unsaturated 

HFCs, unsaturated HCFCs, unsaturated 

halogenated ethers, unsaturated 

halogenated esters, fluorinated 

aldehydes, and fluorinated ketones; 

fluorotelomer alcohols; fluorinated 

GHGs with carbon-iodine bonds; or 

other fluorinated GHGs. 

Fluorotelomer alcohols means 

fluorinated GHGs with the chemical 

formula CnF2n∂1CH2CH2OH. 

* * * * * 

Fully fluorinated GHGs means 

fluorinated GHGs that contain only 

single bonds and in which all available 

valence locations are filled by fluorine 

atoms. This includes but is not limited 

to: Saturated perfluorocarbons; SF6; 

NF3; SF5CF3; fully fluorinated linear, 

branched, and cyclic alkanes; fully 

fluorinated ethers; fully fluorinated 

tertiary amines; fully fluorinated 

aminoethers; and perfluoropolyethers. 

* * * * * 

Global warming potential or GWP 

means the ratio of the time-integrated 

radiative forcing from the instantaneous 

release of one kilogram of a trace 

substance relative to that of one 

kilogram of a reference gas (i.e., CO2). 

GWPs for each greenhouse gas are 

provided in Table A–1 of this subpart. 

For purposes of the calculations in this 

part, if the GHG has a chemical-specific 

GWP listed in Table A–1, use that GWP. 

Otherwise, use the default GWP 

provided in Table A–1 for the 


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fluorinated GHG group of which the 

GHG is a member. 

* * * * * 

Other fluorinated GHGs means 

fluorinated GHGs that are none of the 

following: Fully fluorinated GHGs; 

saturated hydrofluorocarbons with 2 or 

fewer carbon-hydrogen bonds; saturated 

hydrofluorocarbons with 3 or more 

carbon-hydrogen bonds; saturated 

hydrofluoroethers and 

hydrochlorofluoroethers with 1 carbonhydrogen bond; saturated 

hydrofluoroethers and 

hydrochlorofluoroethers with 2 carbonhydrogen bonds; saturated 

hydrofluoroethers and 

hydrochlorofluoroethers with 3 or more 

carbon-hydrogen bonds; fluorinated 

formates; fluorinated acetates, 

carbonofluoridates, and fluorinated 

alcohols other than fluorotelomer 

alcohols; unsaturated PFCs, unsaturated 

HFCs, unsaturated HCFCs, unsaturated 

halogenated ethers, unsaturated 

halogenated esters, fluorinated 

aldehydes, and fluorinated ketones; 

fluorotelomer alcohols; or fluorinated 

GHGs with carbon-iodine bonds. 

* * * * * 

Saturated hydrochlorofluoroethers 

(HCFEs) means fluorinated GHGs in 

which two hydrocarbon groups are 

linked by an oxygen atom; in which two 

or more, but not all, of the hydrogen 

atoms in the hydrocarbon groups have 

been replaced by fluorine atoms and 

chlorine atoms; and which contain only 

single bonds. 

Saturated hydrofluorocarbons (HFCs) 

means fluorinated GHGs that are 

hydrofluorocarbons and that contain 

only single bonds. 

Saturated hydrofluoroethers (HFEs) 

means fluorinated GHGs in which two 

hydrocarbon groups are linked by an 

oxygen atom; in which one or more, but 

not all, of the hydrogen atoms in the 

hydrocarbon groups have been replaced 

by fluorine atoms; and which contain 

only single bonds. 

* * * * * 

Unsaturated halogenated ethers 

means fluorinated GHGs in which two 

hydrocarbon groups are linked by an 

oxygen atom; in which one or more of 

the hydrogen atoms in the hydrocarbon 

groups have been replaced by fluorine 

atoms; and which contain one or more 

bonds that are not single bonds. 

Unsaturated ethers include unsaturated 

HFEs. 

Unsaturated 

hydrochlorofluorocarbons (HCFCs) 

means fluorinated GHGs that contain 

only carbon, chlorine, fluorine, and 

hydrogen and that contain one or more 

bonds that are not single bonds. 

Unsaturated hydrofluorocarbons 

(HFCs) means fluorinated GHGs that are 

hydrofluorocarbons and that contain 

one or more bonds that are not single 

bonds. 

Unsaturated perfluorocarbons (PFCs) 

means fluorinated GHGs that are 

perfluorocarbons and that contain one 

or more bonds that are not single bonds. 

* * * * * 

■ 6. Table A–1 to Subpart A is revised 

to read as follows: 

TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS

[100-Year Time Horizon] 

Name CAS No. Chemical formula 

Global 

warming 

potential 

(100 yr.) 

Chemical-Specific GWPs 

Carbon dioxide ................................................................................... 124–38–9 CO2 ......................................................... 1 

Methane .............................................................................................. 74–82–8 CH4 ......................................................... a 25 

Nitrous oxide ....................................................................................... 10024–97–2 N2O ......................................................... a 298 

Fully Fluorinated GHGs 

Sulfur hexafluoride .............................................................................. 2551–62–4 SF6 .......................................................... a 22,800 

Trifluoromethyl sulphur pentafluoride ................................................. 373–80–8 SF5CF3 .................................................... 17,700 

Nitrogen trifluoride .............................................................................. 7783–54–2 NF3 .......................................................... 17,200 

PFC–14 (Perfluoromethane) .............................................................. 75–73–0 CF4 .......................................................... a 7,390 

PFC–116 (Perfluoroethane) ............................................................... 76–16–4 C2F6 ........................................................ a 12,200 

PFC–218 (Perfluoropropane) ............................................................. 76–19–7 C3F8 ........................................................ a 8,830 

Perfluorocyclopropane ........................................................................ 931–91–9 C–C3F6 .................................................... 17,340 

PFC–3–1–10 (Perfluorobutane) ......................................................... 355–25–9 C4F10 ....................................................... a 8,860 

PFC–318 (Perfluorocyclobutane) ....................................................... 115–25–3 C–C4F8 .................................................... a 10,300 

PFC–4–1–12 (Perfluoropentane) ....................................................... 678–26–2 C5F12 ....................................................... a 9,160 

PFC–5–1–14 (Perfluorohexane, FC–72) ............................................ 355–42–0 C6F14 ....................................................... a 9,300 

PFC–6–1–12 ....................................................................................... 335–57–9 C7F16; CF3(CF2)5CF3 .............................. b 7,820 

PFC–7–1–18 ....................................................................................... 307–34–6 C8F18; CF3(CF2)6CF3 .............................. b 7,620 

PFC–9–1–18 ....................................................................................... 306–94–5 C10F18 ..................................................... 7,500 

PFPMIE (HT–70) ................................................................................ NA CF3OCF(CF3)CF2OCF2OCF3 ................. 10,300 

Perfluorodecalin (cis) .......................................................................... 60433–11–6 Z–C10F18 ................................................. b 7,236 

Perfluorodecalin (trans) ...................................................................... 60433–12–7 E–C10F18 ................................................. b 6,288 

Saturated Hydrofluorocarbons (HFCs) With Two or Fewer Carbon-Hydrogen Bonds 

HFC–23 .............................................................................................. 75–46–7 CHF3 ....................................................... a 14,800 

HFC–32 .............................................................................................. 75–10–5 CH2F2 ...................................................... a 675 

HFC–125 ............................................................................................ 354–33–6 C2HF5 ...................................................... a 3,500 

HFC–134 ............................................................................................ 359–35–3 C2H2F4 .................................................... a 1,100 

HFC–134a .......................................................................................... 811–97–2 CH2FCF3 ................................................. a 1,430 

HFC–227ca ......................................................................................... 2252–84–8 CF3CF2CHF2 ........................................... b 2640 

HFC–227ea ........................................................................................ 431–89–0 C3HF7 ...................................................... a 3,220 

HFC–236cb ......................................................................................... 677–56–5 CH2FCF2CF3 ........................................... 1,340 

HFC–236ea ........................................................................................ 431–63–0 CHF2CHFCF3 ......................................... 1,370 


tkelley on DSK3SPTVN1PROD with RULES3
73780 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued 

[100-Year Time Horizon] 

Name CAS No. Chemical formula 

Global 

warming 

potential 

(100 yr.) 

HFC–236fa ......................................................................................... 690–39–1 C3H2F6 .................................................... a 9,810 

HFC–329p .......................................................................................... 375–17–7 CHF2CF2CF2CF3 .................................... b 2360 

HFC–43–10mee ................................................................................. 138495–42–8 CF3CFHCFHCF2CF3 .............................. a 1,640 

Saturated Hydrofluorocarbons (HFCs) With Three or More Carbon-Hydrogen Bonds 

HFC–41 .............................................................................................. 593–53–3 CH3F ....................................................... a 92 

HFC–143 ............................................................................................ 430–66–0 C2H3F3 .................................................... a 353 

HFC–143a .......................................................................................... 420–46–2 C2H3F3 .................................................... a 4,470 

HFC–152 ............................................................................................ 624–72–6 CH2FCH2F .............................................. 53 

HFC–152a .......................................................................................... 75–37–6 CH3CHF2 ................................................ a 124 

HFC–161 ............................................................................................ 353–36–6 CH3CH2F ................................................ 12 

HFC–245ca ......................................................................................... 679–86–7 C3H3F5 .................................................... a 693 

HFC–245cb ......................................................................................... 1814–88–6 CF3CF2CH3 ............................................. b 4620 

HFC–245ea ........................................................................................ 24270–66–4 CHF2CHFCHF2 ....................................... b 235 

HFC–245eb ........................................................................................ 431–31–2 CH2FCHFCF3 ......................................... b 290 

HFC–245fa ......................................................................................... 460–73–1 CHF2CH2CF3 .......................................... 1,030 

HFC–263fb ......................................................................................... 421–07–8 CH3CH2CF3 ............................................ b 76 

HFC–272ca ......................................................................................... 420–45–1 CH3CF2CH3 ............................................ b 144 

HFC–365mfc ....................................................................................... 406–58–6 CH3CF2CH2CF3 ...................................... 794 

Saturated Hydrofluoroethers (HFEs) and Hydrochlorofluoroethers (HCFEs) With One Carbon-Hydrogen Bond 

HFE–125 ............................................................................................. 3822–68–2 CHF2OCF3 .............................................. 14,900 

HFE–227ea ......................................................................................... 2356–62–9 CF3CHFOCF3 ......................................... 1,540 

HFE–329mcc2 .................................................................................... 134769–21–4 CF3CF2OCF2CHF2 .................................. 919 

HFE–329me3 ...................................................................................... 428454–68–6 CF3CFHCF2OCF3 ................................... b 4,550 

1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2-tetrafluoroethoxy)-propane ........ 3330–15–2 CF3CF2CF2OCHFCF3 ............................. b 6,490 

Saturated HFEs and HCFEs With Two Carbon-Hydrogen Bonds 

HFE–134 (HG–00) .............................................................................. 1691–17–4 CHF2OCHF2 ........................................... 6,320 

HFE–236ca ......................................................................................... 32778–11–3 CHF2OCF2CHF2 ..................................... b 4,240 

HFE–236ca12 (HG–10) ...................................................................... 78522–47–1 CHF2OCF2OCHF2 .................................. 2,800 

HFE–236ea2 (Desflurane) .................................................................. 57041–67–5 CHF2OCHFCF3 ....................................... 989 

HFE–236fa .......................................................................................... 20193–67–3 CF3CH2OCF3 .......................................... 487 

HFE–338mcf2 ..................................................................................... 156053–88–2 CF3CF2OCH2CF3 .................................... 552 

HFE–338mmz1 ................................................................................... 26103–08–2 CHF2OCH(CF3)2 ..................................... 380 

HFE–338pcc13 (HG–01) .................................................................... 188690–78–0 CHF2OCF2CF2OCHF2 ............................ 1,500 

HFE–43–10pccc (H-Galden 1040x, HG–11) ...................................... E1730133 CHF2OCF2OC2F4OCHF2 ........................ 1,870 

HCFE–235ca2 (Enflurane) ................................................................. 13838–16–9 CHF2OCF2CHFCl ................................... b 583 

HCFE–235da2 (Isoflurane) ................................................................. 26675–46–7 CHF2OCHClCF3 ..................................... 350 

HG–02 ................................................................................................ 205367–61–9 HF2C-(OCF2CF2) ...................... b 3,825 

HG–03 ................................................................................................ 173350–37–3 HF2C-(OCF2CF2) ...................... b 3,670 

HG–20 ................................................................................................ 249932–25–0 HF2C-(OCF2) ............................ b 5,300 

HG–21 ................................................................................................ 249932–26–1 HF2C-OCF2CF2OCF2OCF2O–CF2H ....... b 3,890 

HG–30 ................................................................................................ 188690–77–9 HF2C-(OCF2) ............................ b 7,330 

1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15-eicosafluoro2,5,8,11,14-Pentaoxapentadecane.173350–38–4 HCF2O(CF2CF2O)4CF2H ........................ b 3,630 

1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane ......................................... 84011–06–3 CHF2CHFOCF3 ....................................... b 1,240 

Trifluoro(fluoromethoxy)methane ........................................................ 2261–01–0 CH2FOCF3 .............................................. b 751 

Saturated HFEs and HCFEs With Three or More Carbon-Hydrogen Bonds 

HFE–143a ........................................................................................... 421–14–7 CH3OCF3 ................................................ 756 

HFE–245cb2 ....................................................................................... 22410–44–2 CH3OCF2CF3 .......................................... 708 

HFE–245fa1 ........................................................................................ 84011–15–4 CHF2CH2OCF3 ....................................... 286 

HFE–245fa2 ........................................................................................ 1885–48–9 CHF2OCH2CF3 ....................................... 659 

HFE–254cb2 ....................................................................................... 425–88–7 CH3OCF2CHF2 ....................................... 359 

HFE–263fb2 ........................................................................................ 460–43–5 CF3CH2OCH3 .......................................... 11 

HFE–263m1; R–E–143a .................................................................... 690–22–2 CF3OCH2CH3 .......................................... b 29 

HFE–347mcc3 (HFE–7000) ............................................................... 375–03–1 CH3OCF2CF2CF3 .................................... 575 

HFE–347mcf2 ..................................................................................... 171182–95–9 CF3CF2OCH2CHF2 ................................. 374 

HFE–347mmy1 ................................................................................... 22052–84–2 CH3OCF(CF3)2 ........................................ 343 

HFE–347mmz1 (Sevoflurane) ............................................................ 28523–86–6 (CF3)2CHOCH2F ..................................... c 216 

HFE–347pcf2 ...................................................................................... 406–78–0 CHF2CF2OCH2CF3 ................................. 580 

HFE–356mec3 .................................................................................... 382–34–3 CH3OCF2CHFCF3 ................................... 101 

HFE–356mff2 ...................................................................................... 333–36–8 CF3CH2OCH2CF3 ................................... b 17 


tkelley on DSK3SPTVN1PROD with RULES3
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73781 

TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued 

[100-Year Time Horizon] 

Name CAS No. Chemical formula 

Global 

warming 

potential 

(100 yr.) 

HFE–356mmz1 ................................................................................... 13171–18–1 (CF3) ....................................... 27 

HFE–356pcc3 ..................................................................................... 160620–20–2 CH3OCF2CF2CHF2 ................................. 110 

HFE–356pcf2 ...................................................................................... 50807–77–7 CHF2CH2OCF2CHF2 ............................... 265 

HFE–356pcf3 ...................................................................................... 35042–99–0 CHF2OCH ............................... 502 

HFE–365mcf2 ..................................................................................... 22052–81–9 CF3CF2OCH2CH3 ................................... b 58 

HFE–365mcf3 ..................................................................................... 378–16–5 CF3CF2CH2OCH3 ................................... 11 

HFE–374pc2 ....................................................................................... 512–51–6 CH3CH2OCF2CHF2 ................................. 557 

HFE–449s1 (HFE–7100) Chemical blend .......................................... 163702–07–6 C4F ............................................... 297 

163702–08–7 (CF3).

HFE–569sf2 (HFE–7200) Chemical blend ......................................... 163702–05–4 C4F9OC2H5 ............................................. 59 

163702–06–5 (CF3)2CFCF2OC2H5.

HG’-01 ................................................................................................ 73287–23–7 CH3OCF2CF2OCH3 ................................. b 222 

HG’-02 ................................................................................................ 485399–46–0 CH3O(CF2CF2O)2CH3 ............................. b 236 

HG’-03 ................................................................................................ 485399–48–2 CH3O(CF2CF2O) ............................. b 221 

Difluoro(methoxy)methane ................................................................. 359–15–9 CH3OCHF2 .............................................. b 144 

2-Chloro-1,1,2-trifluoro-1-methoxyethane ........................................... 425–87–6 CH3OCF2CHFCl ..................................... b 122 

1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane ........................................ 22052–86–4 CF3CF2CF2OCH2CH3 ............................. b 61 

2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5-bis[1,2,2,2-tetrafluoro1-(trifluoromethyl)ethyl]-furan.920979–28–8 C12H5F19O2 ............................................. b 56 

1-Ethoxy-1,1,2,3,3,3-hexafluoropropane ............................................ 380–34–7 CF3CHFCF ............................ b 23 

Fluoro(methoxy)methane .................................................................... 460–22–0 CH3OCH2F .............................................. b 13 

1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 2,2,3,3-tetrafluoro

propyl ether.

60598–17–6 CHF2CF2CH2OCH3 ................................. b 0.5 

1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane ...................................... 37031–31–5 CH2FOCF2CF2H ..................................... b 871 

Difluoro(fluoromethoxy)methane ........................................................ 461–63–2 CH2FOCHF2 ........................................... b 617 

Fluoro(fluoromethoxy)methane ........................................................... 462–51–1 CH2FOCH2F ........................................... b 130 

Fluorinated Formates 

Trifluoromethyl formate ....................................................................... 85358–65–2 HCOOCF3 ............................................... b 588 

Perfluoroethyl formate ........................................................................ 313064–40–3 HCOOCF2CF3 ......................................... b 580 

1,2,2,2-Tetrafluoroethyl formate ......................................................... 481631–19–0 HCOOCHFCF3 ....................................... b 470 

Perfluorobutyl formate ........................................................................ 197218–56–7 HCOOCF2CF2CF2CF3 ............................ b 392 

Perfluoropropyl formate ...................................................................... 271257–42–2 HCOOCF2CF2CF3 .................................. b 376 

1,1,1,3,3,3-Hexafluoropropan-2-yl formate ......................................... 856766–70–6 HCOOCH(CF3) ...................................... b 333 

2,2,2-Trifluoroethyl formate ................................................................ 32042–38–9 HCOOCH2CF3 ........................................ b 33 

3,3,3-Trifluoropropyl formate .............................................................. 1344118–09–7 HCOOCH2CH2CF3 .................................. b 17 

Fluorinated Acetates 

Methyl 2,2,2-trifluoroacetate ............................................................... 431–47–0 CF3COOCH3 ........................................... b 52 

1,1-Difluoroethyl 2,2,2-trifluoroacetate ............................................... 1344118–13–3 CF3COOCF2CH3 ..................................... b 31 

Difluoromethyl 2,2,2-trifluoroacetate ................................................... 2024–86–4 CF3COOCHF2 ......................................... b 27 

2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate ............................................ 407–38–5 CF3COOCH2CF3 ..................................... b 7 

Methyl 2,2-difluoroacetate .................................................................. 433–53–4 HCF2COOCH3 ........................................ b 3 

Perfluoroethyl acetate ......................................................................... 343269–97–6 CH3COOCF2CF3 ..................................... b 2.1 

Trifluoromethyl acetate ....................................................................... 74123–20–9 CH3COOCF3 ........................................... b 2.0 

Perfluoropropyl acetate ...................................................................... 1344118–10–0 CH3COOCF2CF2CF3 .............................. b 1.8 

Perfluorobutyl acetate ......................................................................... 209597–28–4 CH3COOCF2CF2CF2CF3 ........................ b 1.6 

Ethyl 2,2,2-trifluoroacetate .................................................................. 383–63–1 CF3COOCH2CH3 .................................... b 1.3 

Carbonofluoridates 

Methyl carbonofluoridate .................................................................... 1538–06–3 FCOOCH3 ............................................... b 95 

1,1-Difluoroethyl carbonofluoridate ..................................................... 1344118–11–1 FCOOCF2CH3 ......................................... b 27 

Fluorinated Alcohols Other Than Fluorotelomer Alcohols 

Bis(trifluoromethyl)-methanol .............................................................. 920–66–1 (CF3)2CHOH ........................................... 195 

(Octafluorotetramethy-lene) hydroxymethyl group ............................. NA X-(CF2)4CH(OH)-X .................................. 73 

2,2,3,3,3-Pentafluoropropanol ............................................................ 422–05–9 CF3CF2CH2OH ....................................... 42 

2,2,3,3,4,4,4-Heptafluorobutan-1-ol .................................................... 375–01–9 C3F7CH2OH ............................................ b 25 

2,2,2-Trifluoroethanol .......................................................................... 75–89–8 CF3CH2OH .............................................. b 20 

2,2,3,4,4,4-Hexafluoro-1-butanol ........................................................ 382–31–0 CF3CHFCF2CH2OH ................................ b 17 

2,2,3,3-Tetrafluoro-1-propanol ............................................................ 76–37–9 CHF2CF2CH2OH ..................................... b 13 

2,2-Difluoroethanol ............................................................................. 359–13–7 CHF2CH2OH .......................................... b 3 

2-Fluoroethanol ................................................................................... 371–62–0 CH2FCH2OH ........................................... b 1.1 

4,4,4-Trifluorobutan-1-ol ..................................................................... 461–18–7 CF3(CH2) ................................... b 0.05 


tkelley on DSK3SPTVN1PROD with RULES3
73782 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued 

[100-Year Time Horizon] 

Name CAS No. Chemical formula 

Global 

warming 

potential 

(100 yr.) 

Unsaturated Perfluorocarbons (PFCs) 

PFC–1114; TFE .................................................................................. 116–14–3 CF2=CF2; C2F4 ........................................ b 0.004 

PFC–1216; Dyneon HFP .................................................................... 116–15–4 C3F6; CF3CF=CF2 ................................... b 0.05 

PFC C–1418 ....................................................................................... 559–40–0 c-C5F8 ..................................................... b 1.97 

Perfluorobut-2-ene .............................................................................. 360–89–4 CF3CF=CFCF3 ........................................ b 1.82 

Perfluorobut-1-ene .............................................................................. 357–26–6 CF3CF2CF=CF2 ...................................... b 0.10 

Perfluorobuta-1,3-diene ...................................................................... 685–63–2 CF2=CFCF=CF2 ...................................... b 0.003 

Unsaturated Hydrofluorocarbons (HFCs) and Hydrochlorofluorocarbons (HCFCs) 

HFC–1132a; VF2 ................................................................................ 75–38–7 C2H .................................. b 0.04 

HFC–1141; VF .................................................................................... 75–02–5 C2H ................................... b 0.02 

(E)-HFC–1225ye ................................................................................. 5595–10–8 CF3CF=CHF(E) ....................................... b 0.06 

(Z)-HFC–1225ye ................................................................................. 5528–43–8 CF3CF=CHF(Z) ....................................... b 0.22 

Solstice 1233zd(E) ............................................................................. 102687–65–0 C3H2ClF3; CHCl=CHCF3 ......................... b 1.34 

HFC–1234yf; HFO–1234yf ................................................................. 754–12–1 C3H2F4; CF3CF=CH2 .............................. b 0.31 

HFC–1234ze(E) .................................................................................. 1645–83–6 C3H2F4; trans-CF3CH=CHF .................... b 0.97 

HFC–1234ze(Z) .................................................................................. 29118–25–0 C3H2F4cis-CF3CH=CHF; CF3CH=CHF ... b 0.29 

HFC–1243zf; TFP ............................................................................... 677–21–4 C3H3F3, CF3CH=CH2 .............................. b 0.12 

(Z)-HFC–1336 ..................................................................................... 692–49–9 CF3CH=CHCF3(Z) .................................. b 1.58 

HFC–1345zfc ...................................................................................... 374–27–6 C2F5CH=CH2 .......................................... b 0.09 

Capstone 42–U ................................................................................... 19430–93–4 C6H3F9, CF3(CF2) .................... b 0.16 

Capstone 62–U ................................................................................... 25291–17–2 C8H3F13, CF3(CF2)5CH=CH2 ................... b 0.11 

Capstone 82–U ................................................................................... 21652–58–4 C10H3F17, CF3(CF2)7CH=CH2 ................. b 0.09 

Unsaturated Halogenated Ethers 

PMVE; HFE–216 ................................................................................ 1187–93–5 CF3OCF=CF2 .......................................... b 0.17 

Fluoroxene .......................................................................................... 406–90–6 CF3CH2OCH=CH2 .................................. b 0.05 

Fluorinated Aldehydes 

3,3,3-Trifluoro-propanal ...................................................................... 460–40–2 CF3CH2CHO ........................................... b 0.01 

Fluorinated Ketones 

Novec 1230 (perfluoro (2-methyl-3-pentanone)) ................................ 756–13–8 CF3CF2C(O)CF (CF3)2 ........................... b 0.1 

Fluorotelomer Alcohols 

3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol ................................... 185689–57–0 CF ............................. b 0.43 

3,3,3-Trifluoropropan-1-ol ................................................................... 2240–88–2 CF3CH2CH2OH ....................................... b 0.35 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-Pentadecafluorononan-1-ol ................... 755–02–2 CF3(CF2)6CH2CH2OH ............................. b 0.33 

3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11-Nonadecafluoroundecan1-ol.87017–97–8 CF3(CF2)8CH2CH2OH ............................. b 0.19 

Fluorinated GHGs With Carbon-Iodine Bond(s) 

Trifluoroiodomethane .......................................................................... 2314–97–8 CF3I ......................................................... b 0.4 

Other Fluorinated Compounds 

Dibromodifluoromethane (Halon 1202) .............................................. 75–61–6 CBR2F2 ................................................... b 231 

2-Bromo-2-chloro-1,1,1-trifluoroethane (Halon-2311/Halothane) ....... 151–67–7 CHBrClCF3 ............................................. b 41 

Fluorinated GHG Group d

Global 

warming 

potential 

(100 yr.) 

Default GWPs for Compounds for Which Chemical-Specific GWPs Are Not Listed Above 

Fully fluorinated GHGs ........................................................................................................................................................................ 10,000 

Saturated hydrofluorocarbons (HFCs) with 2 or fewer carbon-hydrogen bonds ................................................................................ 3,700 

Saturated HFCs with 3 or more carbon-hydrogen bonds ................................................................................................................... 930 

Saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) with 1 carbon-hydrogen bond ...................................... 5,700 

Saturated HFEs and HCFEs with 2 carbon-hydrogen bonds ............................................................................................................. 2,600 

Saturated HFEs and HCFEs with 3 or more carbon-hydrogen bonds ............................................................................................... 270 

Fluorinated formates ............................................................................................................................................................................ 350 


tkelley on DSK3SPTVN1PROD with RULES3
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73783 

Fluorinated GHG Group d

Global 

warming 

potential 

(100 yr.) 

Fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols .............................................. 30 

Unsaturated perfluorocarbons (PFCs), unsaturated HFCs, unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones ............................................... 1 

Fluorotelomer alcohols ........................................................................................................................................................................ 1 

Fluorinated GHGs with carbon-iodine bond(s) .................................................................................................................................... 1 

Other fluorinated GHGs ....................................................................................................................................................................... 2,000 

aThe GWP for this compound was updated in the final rule published on November 29, 2013 [78 FR 71904] and effective on January 1, 2014. 

bThis compound was added to Table A–1 in the final rule published on December 11, 2014, and effective on January 1, 2015. 

cThe GWP for this compound was updated in the final rule published on December 11, 2014, and effective on January 1, 2015 . 

dFor electronics manufacturing (as defined in § 98.90), the term ‘‘fluorinated GHGs’’ in the definition of each fluorinated GHG group in § 98.6 

shall include fluorinated heat transfer fluids (as defined in § 98.98), whether or not they are also fluorinated GHGs. 

■ 7. Table A–7 of subpart A is revised 

to read as follows: 

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

THE REPORTING DEADLINE IS MARCH 31, 2015 

Subpart Rule citation 

(40 CFR part 98) 

Specific data elements for which reporting date is March 31, 2015 

(‘‘All’’ means all data elements in the cited paragraph are 

not required to be reported until March 31, 2015) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H ................... 98.86(b)(13) ............................................... Name of raw kiln feed or raw material. 

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

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

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

Q .................. 98.176(f)(1) ................................................ 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) ........................................... Only Calculation Methodology 2. 

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

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

W .................. 98.236(c)(5)(ii)(C) ...................................... All. 

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

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

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

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


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73784 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / 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)(6)(i)(G) ...................................... Only the amount of natural gas required. 

W .................. 98.236(c)(6)(i)(H) ....................................... Only the amount of natural gas required. 

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

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

W .................. 98.236(c)(7)(i)(A) ....................................... Only for Equation W–14A. 

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

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

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

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

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

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

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

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

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

W .................. 98.236(c)(15)(ii)(B) .................................... 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)(16)(xv) ....................................... All. 

W .................. 98.236(c)(16)(xvi) ...................................... 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. 

Y ................... 98.256(h)(5)(i) ........................................... Only value of the correction. 

Y ................... 98.256(k)(4) ............................................... Only mole fraction of methane in coking gas. 

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

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

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

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). 

a Required to be reported only by: (1) Stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common stacks) subject to subpart C of this part that contain at least one combustion unit connected to a fuel-fired electric generator owned or operated by an entity that is subject to regulation of customer billing rates by the PUC (excluding generators connected to combustion units subject to 

40 CFR part 98, subpart D) and that are located at a facility for which the sum of the nameplate capacities for all such electric generators is 

greater than or equal to 1 megawatt electric output; and (2) stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or common stacks) subject to subpart C of this part that do not meet the criteria in (1) of this footnote that elect to report these data 

elements, as provided in § 98.36(a), for reporting year 2014. bThis rule citation provides an option to delay reporting of this data element for certain wildcat wells and/or delineation wells. 


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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73785 

Subpart I—Electronics Manufacturing 

■ 8. Section 98.93 is amended by 

revising paragraph (i)(2) to read as 

follows: 

§ 98.93 Calculating GHG emissions. 

* * * * * 

(i) * * * 

(2) Method selection for stack systems 

in the fab. If the calculations under 

paragraph (i)(1) of this section, as well 

as any subsequent annual measurements 

and calculations under this subpart, 

indicate that the stack system meets the 

criteria in paragraph (i)(2)(i) through 

(iii) of this section, then you may 

comply with either paragraph (i)(3) of 

this section (stack test method) or 

paragraph (i)(4) of this section (method 

to estimate emissions from the stack 

systems that are not tested). If the stack 

system does not meet all three criteria 

in paragraph (i)(2)(i) through (iii) of this 

section, then you must comply with the 

stack test method specified in paragraph 

(i)(3) of this section. 

* * * * * 

■ 9. Section 98.94 is amended by 

removing paragraph (j)(5)(ii)(C) and 

revising paragraph (j)(8)(i) to read as 

follows: 

§ 98.94 Monitoring and QA/QC 

requirements. 

* * * * * 

(j) * * * 

(8) * * * 

(i) Annual consumption of a 

fluorinated GHG used during the most 

recent emissions test (expressed in 

CO2e) changes by more than 10 percent 

of the total annual fluorinated GHG 

consumption, relative to gas 

consumption in CO2e for that gas during 

the year of the most recent emissions 

test (for example, if the use of a single 

gas goes from 25 percent of CO2e to 

greater than 35 percent of CO2e, this 

change would trigger a re-test). 

* * * * * 

■ 10. Section 98.96 is amended by: 

■ a. Revising the parameter ‘‘GWPi’’ of 

Equation I–26 in paragraph (r) 

introductory text; 

■ b. Revising the parameters ‘‘GWPi’’ 

and ‘‘GWPk’’ of Equation I–27 in 

paragraph (r)(1); 

■ c. Revising the parameters ‘‘GWPi’’ 

and ‘‘GWPk’’ of Equation I–28 in 

paragraph (r)(2); and 

■ d. Revising paragraph (x). 

The revisions read as follows: 

§ 98.96 Data reporting requirements. 

* * * * * 

(r) * * * 

* * * * * 

GWPi = GWP of emitted fluorinated 

GHG i from Table A–1 of this part. 

* * * * * 

(1) * * * 

GWPi = GWP of emitted fluorinated 

GHG i from Table A–1 of this part. 

GWPk = GWP of emitted fluorinated 

GHG by-product k from Table A–1 

of this part. 

* * * * * 

(2) * * * 

GWPi = GWP of emitted fluorinated 

GHG i from Table A–1 of this part. 

GWPk = GWP of emitted fluorinated 

GHG by-product k from Table A–1 

of this part. 

* * * * * 

(x) If the emissions you report under 

paragraph (c) of this section include 

emissions from research and 

development activities, as defined in 

§ 98.6, report the approximate 

percentage of total GHG emissions, on a 

metric ton CO2e basis, that are 

attributable to research and 

development activities, using the 

following ranges: less than 5 percent, 5 

percent to less than 10 percent, 10 

percent to less than 25 percent, 25 

percent to less than 50 percent, 50 

percent and higher. 

* * * * * 

Subpart L—Fluorinated Gas 

Production 

■ 11. Section 98.122 is amended by 

revising paragraph (c) and adding 

paragraphs (d), (e) and (f) to read as 

follows: 

§ 98.122 GHGs to report. 

* * * * * 

(c) Emissions from production and 

transformation processes, process level. 

You must report, for each fluorinated 

GHG group, the total GWP-weighted 

mass of all fluorinated GHGs in that 

group (in metric tons CO2e) emitted 

from: 

(1) Each fluorinated gas production 

process. 

(2) Each fluorinated gas 

transformation process that is not part of 

a fluorinated gas production process 

and where no fluorinated GHG reactant 

is produced at another facility. 

(3) Each fluorinated gas 

transformation process that is not part of 

a fluorinated gas production process 

and where one or more fluorinated GHG 

reactants are produced at another 

facility. 

(d) Emissions from production and 

transformation processes, facility level, 

multiple products. If your facility 

produces more than one fluorinated gas 

product, you must report the emissions 

(in metric tons) from production and 

transformation processes, totaled across 

the facility as a whole, of each 

fluorinated GHG that is emitted in 

quantities of 1,000 metric tons of CO2e 

or more from production or 

transformation processes, totaled across 

the facility as a whole. Aggregate and 

report emissions of all other fluorinated 

GHGs from production and 

transformation processes by fluorinated 

GHG group for the facility as a whole, 

in metric tons of CO2e. 

(e) Emissions from production and 

transformation processes, facility level, 

one product only. If your facility 

produces only one fluorinated gas 

product, aggregate and report the GWPweighted emissions from production 

and transformation processes of 

fluorinated GHGs by fluorinated GHG 

group for the facility as a whole, in 

metric tons CO2e, with the following 

exception: Where emissions consist of a 

major fluorinated GHG constituent of a 

fluorinated gas product, and the product 

is sold or transferred to another person, 

report the total mass of each fluorinated 

GHG that is emitted from production 

and transformation processes and that is 

a major fluorinated GHG constituent of 

the product (in metric tons). 

(f) Emissions from destruction 

processes and venting of containers. 

You must report the total mass of each 

fluorinated GHG emitted (in metric 

tons) from: 

(1) Each fluorinated gas destruction 

process that is not part of a fluorinated 

gas production process or a fluorinated 

gas transformation process and all such 

fluorinated gas destruction processes 

combined. 

(2) Venting of residual fluorinated 

GHGs from containers returned from the 

field. 

■ 12. Section 98.123 is amended by: 

■ a. Revising the introductory text; 

■ b. Removing and reserving paragraph 

(a); 

■ c. Revising paragraph (b); 

■ d. Revising paragraph (c)(1)(v); 

■ e. Removing and reserving paragraph 

(c)(1)(vi); 

■ f. Redesignating paragraphs (e)(i) and 

(e)(ii) as paragraphs (e)(1) and (e)(2), 

respectively; 

■ g. Revising paragraphs (g)(1), (g)(2)(ii), 

and (g)(2)(iv); and 

■ h. Adding paragraph (h). 

The revisions and additions read as 

follows: 

§ 98.123 Calculating GHG emissions. 

For fluorinated gas production and 

transformation processes, you must 

calculate the fluorinated GHG emissions 

from each process using the emission 


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73786 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

factor or emission calculation factor 

method specified in paragraphs (c), (d), 

and (e) of this section, as appropriate. 

For destruction processes that destroy 

fluorinated GHGs that were previously 

‘‘produced’’ as defined at § 98.410(b), 

you must calculate emissions using the 

procedures in paragraph (f) of this 

section. For venting of residual gas from 

containers (e.g., cylinder heels), you 

must calculate emissions using the 

procedures in paragraph (g) of this 

section. 

(a) [Reserved] 

(b) Mass balance method. The mass 

balance method was available for 

reporting years 2011, 2012, 2013, and 

2014 only. See paragraph 1 of Appendix 

A of this subpart for the former mass 

balance method. 

(c) * * * 

(1) * * * 

(v) GWPs. To convert the fluorinated 

GHG emissions to CO2e, use Equation 

A–1 of § 98.2. 

(vi) [Reserved] 

* * * * * 

(g) * * * 

(1) Measuring contents of each 

container. If you weigh or otherwise 

measure the contents of each container 

before venting the residual fluorinated 

GHGs, use Equation L–32 of this section 

to calculate annual emissions of each 

fluorinated GHG from venting of 

residual fluorinated GHG from 

containers. Convert pressures to masses 

as directed in paragraph (g)(2)(ii) of this 

section. 

Where: 

ECf = Total mass of each fluorinated GHG f 

emitted from the facility through venting 

of residual fluorinated GHG from 

containers, annual basis (metric tons/

year). 

HBfj = Mass of residual fluorinated GHG f in 

container j when received by facility 

(metric tons). 

HEfj = Mass of residual fluorinated GHG f in 

container j after evacuation by facility 

(metric tons). (Facility may equate to 

zero.) 

n = Number of vented containers for each 

fluorinated GHG f. 

(2) * * * 

(ii) Measurement of residual gas. The 

residual weight or pressure you use for 

paragraph (g)(1) of this section must be 

determined by monitoring the mass or 

the pressure of your cylinders/

containers according to § 98.124(k). If 

you monitor the pressure, convert the 

pressure to mass using a form of the 

ideal gas law, as displayed in Equation 

L–33 of this section, with an 

appropriately selected Z value. 

Where: 

mR = Mass of residual gas in the container 

(metric ton). 

p = Absolute pressure of the gas (Pa). 

V = Volume of the gas (m3). 

MW = Molecular weight of the fluorinated 

GHG f (g/gmole). 

Z = Compressibility factor. 

R = Gas constant (8.314 Pa m3/Kelvin mole). 

T = Absolute temperature (K). 

106 = Conversion factor (106 g/metric ton). 

* * * * * 

(iv) Calculate annual emissions of 

each fluorinated GHG from venting of 

residual fluorinated GHG from 

containers using Equation L–34 of this 

section. 

Where: 

ECf = Total mass of each fluorinated GHG f 

emitted from the facility through venting 

of residual fluorinated GHG from 

containers, annual basis (metric tons/

year). 

hfj = Facility-wide gas-specific heel factor for 

fluorinated GHG f (fraction) and 

container size and type j, as determined 

in paragraph (g)(2)(iii) of this section. 

Nfj = Number of containers of size and type 

j returned to the fluorinated gas 

production facility. 

Ffj = Full capacity of containers of size and 

type j containing fluorinated GHG f 

(metric tons). 

n = Number of combinations of container 

sizes and types for fluorinated GHG f. 

(h) Effective destruction efficiency for 

each process. If you used the emission 

factor or emission calculation factor 

method to calculate emissions from the 

process, use Equation L–35 to calculate 

the effective destruction efficiency for 

the process, including each process 

vent: 


tkelley on DSK3SPTVN1PROD with RULES3ER11DE14.001</GPH> ER11DE14.002</GPH> ER11DE14.003</GPH> ER11DE14.004</GPH>
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73787 

Where: 

DEEffective = Effective destruction efficiency 

for process i (fraction). 

EPVf = Mass of fluorinated GHG f emitted 

from process vent v from process i, 

operating scenario j, for the year, 

calculated in Equation L–21, L–22, L–26, 

or L–27 of this section (kg). 

GWPf = Global warming potential for each 

greenhouse gas from Table A–1 of 

subpart A of this part. 

ECFPV-Uf = Emission calculation factor for 

fluorinated GHG f emitted from process 

vent v during process i, operating 

scenario j during periods when the 

process vent is not vented to the 

properly functioning destruction device, 

as used in Equation L–21; or emission 

calculation factor for fluorinated GHG f 

emitted from process vent v during 

process i, operating scenario j, as used in 

Equation L–26 or L–27 (kg emitted/

activity) (e.g., kg emitted/kg product), 

denoted as ‘‘ECFPV’’ in those equations. 

EFPV-Uf = Emission factor (uncontrolled) for 

fluorinated GHG f emitted from process 

vent v during process i, operating 

scenario j, as used in Equation L–22 (kg 

emitted/activity) (e.g., kg emitted/kg 

product), denoted as ‘‘EFPV–U’’ in that 

equation. 

ActivityU = Total process feed, process 

production, or other process activity for 

process i, operating scenario j during the 

year, for which the process vent is not 

vented to the properly functioning 

destruction device (i.e., uncontrolled). 

ActivityC = Total process feed, process 

production, or other process activity for 

process i, operating scenario j during the 

year, for which emissions are vented to 

the properly functioning destruction 

device (i.e., controlled). 

o = Number of operating scenarios for 

process i. 

v = Number of process vents in process i, 

operating scenario j. 

w = Number of fluorinated GHGs emitted 

from the process. 

■ 5. Section 98.124 is amended by 

revising paragraphs (b) and (c)(1), (2) 

and (5) and redesignating paragraphs 

(c)(7) through (9) as paragraphs (c)(6) 

through (8). 

The revisions read as follows: 

§ 98.124 Monitoring and QA/QC 

requirements. 

* * * * * 

(b) Mass balance monitoring. Mass 

balance monitoring was available for 

reporting years 2011, 2012, 2013, and 

2014 only. See paragraph 2 of Appendix 

A of this subpart for the former mass 

balance method. 

(c) * * * 

(1) Process vent testing. Conduct an 

emissions test that is based on 

representative performance of the 

process or operating scenario(s) of the 

process, as applicable. For process vents 

for which you performed an initial 

scoping speciation, include in the 

emission test any fluorinated GHG that 

was identified in the initial scoping 

speciation. For process vents for which 

you did not perform an initial scoping 

speciation, include in the emission test 

any fluorinated greenhouse gas that 

occurs in more than trace 

concentrations in the vent stream or, 

where a destruction device is used, in 

the inlet to the destruction device. You 

may include startup and shutdown 

events if the testing is sufficiently long 

or comprehensive to ensure that such 

events are not overrepresented in the 

emission factor. Malfunction events 

must not be included in the testing. If 

you do not detect a fluorinated GHG 

that was identified in the scoping 

speciation or that occurs in more than 

trace concentrations in the vent stream 

or in the inlet to the destruction device, 

assume that fluorinated GHG was 

emitted at one half of the detection 

limit. 

(2) Number of runs. For continuous 

processes, sample the process vent for a 

minimum of three runs of 1 hour each. 

If the relative standard deviation (RSD) 

of the emission factor calculated based 

on the first three runs is greater than or 

equal to 0.15 for the emission factor, 

continue to sample the process vent for 

an additional three runs of 1 hour each. 

If more than one fluorinated GHG is 

measured, the RSD must be expressed in 

terms of total CO2e. 

* * * * * 

(5) Emission test results. The results 

of an emission test must include the 

analysis of samples, number of test runs, 

the results of the RSD analysis, the 

analytical method used, determination 

of emissions, the process activity, and 

raw data and must identify the process, 

the operating scenario, the process vents 

tested, and the fluorinated GHGs that 

were included in the test. The emissions 

test report must contain all information 

and data used to derive the processvent-specific emission factor, as well as 

key process conditions during the test. 

Key process conditions include those 

that are normally monitored for process 

control purposes and may include but 

are not limited to yields, pressures, 

temperatures, etc. (e.g., of reactor 

vessels, distillation columns). 

* * * * * 

■ 6. Section 98.126 is amended by: 

■ a. Revising paragraphs (a) through (e); 

■ b. Removing and reserving paragraphs 

(f)(1), (f)(5), and (g)(1); 

■ c. Revising paragraphs (g)(2) and 

(h)(1); 

■ d. Removing and reserving paragraph 

(h)(2); and 

■ e. Adding paragraph (k). 

The revisions and additions read as 

follows: 

§ 98.126 Data reporting requirements. 

(a) All facilities. In addition to the 

information required by § 98.3(c), you 

must report the information in 

paragraphs (a)(2) through (6) of this 

section according to the schedule in 

paragraph (a)(1) of this section, except 

as otherwise provided in paragraph (j) of 

this section or in § 98.3(c)(4)(vii) and 

Table A–7 of subpart A of this part. 

(1) Frequency of reporting under 

paragraph (a) of this section. The 

information in paragraphs (a)(2) through 

(6) of this section must be reported 

annually. 

(2) Generically-identified process. For 

each production and transformation 

process at the facility, you must: 

(i) Provide a number, letter, or other 

identifier for the process. This identifier 

must be consistent from year to year. 

(ii) Indicate whether the process is a 

fluorinated gas production process, a 

fluorinated gas transformation process 

where no fluorinated GHG reactant is 

produced at another facility, or a 

fluorinated gas transformation process 

where one or more fluorinated GHG 

reactants are produced at another 

facility. 

(iii) Indicate whether the process 

could be characterized as reaction, 

distillation, or packaging (include all 

that apply). 

(iv) For each generically-identified 

process and each fluorinated GHG 

group, report the method(s) used to 

determine the mass emissions of that 

fluorinated GHG group from that 

process from vents (i.e., mass balance 

(for reporting years 2011, 2012, 2013, 

and 2014 only), process-vent-specific 

emission factor, or process-vent-specific 

emission calculation factor). 

(v) For each generically-identified 

process and each fluorinated GHG 

group, report the method(s) used to 

determine the mass emissions of that 

fluorinated GHG group from that 

process from equipment leaks, unless 

you used the mass balance method (for 

reporting years 2011, 2012, 2013, and 

2014 only) for that process. 

(3) Emissions from production and 

transformation processes, process level, 

multiple products. If your facility 

produces more than one fluorinated gas 

product, for each generically-identified 

process and each fluorinated GHG 

group, you must report the total GWPweighted emissions of all fluorinated 

GHGs in that group from the process, in 

metric tons CO2e. 

(4) Emissions from production and 

transformation processes, facility level, 

multiple products. If your facility 


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73788 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

produces more than one fluorinated gas 

product, you must report the 

information in paragraphs (a)(4)(i) and 

(ii) of this section, as applicable, for 

emissions from production and 

transformation processes. 

(i) For each fluorinated GHG with 

emissions of 1,000 metric tons of CO2e 

or more from production and 

transformation processes, summed 

across the facility as a whole, you must 

report the total mass in metric tons of 

the fluorinated GHG emitted from 

production and transformation 

processes, summed across the facility as 

a whole. If the fluorinated GHG does not 

have a chemical-specific GWP in Table 

A–1 of subpart A, identify the 

fluorinated GHG group of which that 

fluorinated GHG is a member. 

(ii) For all other fluorinated GHGs 

emitted from production and 

transformation processes, you must 

report the total GWP-weighted 

emissions from production and 

transformation processes of those 

fluorinated GHGs by fluorinated GHG 

group, summed across the facility as a 

whole, in metric tons of CO2e. 

(5) Emissions from production and 

transformation processes, facility level, 

one product only. If your facility 

produces only one fluorinated gas 

product, aggregate and report the total 

GWP-weighted emissions from 

production and transformation 

processes of fluorinated GHGs by 

fluorinated GHG group for the facility as 

a whole, in metric tons of CO2e, with 

the following exception: Where 

emissions consist of a major fluorinated 

GHG constituent of a fluorinated gas 

product, and the product is sold or 

transferred to another person, report the 

total mass in metric tons of each 

fluorinated GHG that is emitted from 

production and transformation 

processes and that is a major fluorinated 

GHG constituent of the product. If the 

fluorinated GHG does not have a 

chemical-specific GWP in Table A–1 of 

subpart A, identify the fluorinated GHG 

group of which that fluorinated GHG is 

a member. 

(6) Effective destruction efficiency. 

For each generically-identified process, 

use Table L–1 of this subpart to report 

the range that encompasses the effective 

destruction efficiency, DEeffective, 

calculated for that process using 

Equation L–35 of this subpart. The 

effective destruction efficiency must be 

reported on a CO2e basis. 

(b) Reporting for mass balance 

method for reporting years 2011, 2012, 

2013, and 2014. If you used the mass 

balance method to calculate emissions 

for any of the reporting years 2011, 

2012, 2013, or 2014, you must conduct 

mass balance reporting for that reporting 

year. For processes whose emissions 

were determined using the mass balance 

method under the former § 98.123(b), as 

included in paragraph 1 of Appendix A 

of this subpart, you must report the 

information listed in paragraphs (b)(1) 

and (b)(2) of this section for each 

process on an annual basis. 

(1) If you calculated the relative and 

absolute errors under the former 

§ 98.123(b)(1), the overall absolute and 

relative errors calculated for the process 

under the former § 98.123(b)(1), in 

metric tons CO2e and decimal fraction, 

respectively. 

(2) The method used to estimate the 

total mass of fluorine in destroyed or 

recaptured streams (specify the former 

§ 98.123(b)(4) or (15), as included in 

paragraph 1 of Appendix A of this 

subpart). 

(c) Reporting for emission factor and 

emission calculation factor approach. 

For processes whose emissions are 

determined using the emission factor 

approach under § 98.123(c)(3) or the 

emission calculation factor under 

§ 98.123(c)(4), you must report the 

following for each generically-identified 

process. 

(1) [Reserved] 

(2) [Reserved] 

(3) For each fluorinated GHG group, 

the total GWP-weighted mass of all 

fluorinated GHGs in that group emitted 

from all process vents combined, in 

metric tons of CO2e. 

(4) For each fluorinated GHG group, 

the total GWP-weighted mass of all 

fluorinated GHGs in that group emitted 

from equipment leaks, in metric tons of 

CO2e. 

(d) Reporting for missing data. Where 

missing data have been estimated 

pursuant to § 98.125, you must report: 

(1) The generically-identified process 

for which the data were missing. 

(2) The reason the data were missing, 

the length of time the data were missing, 

and the method used to estimate the 

missing data. 

(3) Estimates of the missing data for 

all missing data associated with data 

elements required to be reported in this 

section. 

(e) Reporting of destruction device 

excess emissions data. Each fluorinated 

gas production facility that destroys 

fluorinated GHGs must report the excess 

emissions that result from malfunctions 

of the destruction device, and these 

excess emissions must be reflected in 

the fluorinated GHG estimates in the 

former § 98.123(b) as included in 

paragraph 1 of Appendix A of this 

subpart for the former mass balance 

method, and in § 98.123(c). Such excess 

emissions would occur if the 

destruction efficiency was reduced due 

to the malfunction. 

* * * * * 

(g) * * * 

(2) The mass of the fluorinated GHG 

emitted from the destruction device 

(metric tons). 

(h) * * * 

(1) The mass of the residual 

fluorinated GHG vented from containers 

annually (metric tons). 

* * * * * 

(k) Submission of complete reporting 

year 2011, 2012, and 2013 GHG reports. 

By March 31, 2015, you must submit 

annual GHG reports for reporting years 

2011, 2012, and 2013 that contain the 

information specified in paragraphs (a) 

through (i) of this section. The reports 

must calculate CO2e using the GWPs in 

Table A–1 of subpart A of this part (as 

in effect on January 1, 2015). Prior 

submission of partial reports for these 

reporting years under paragraph (j) of 

this section does not affect your 

obligation to submit complete reports 

under this paragraph. 

■ 7. Section 98.127 is amended by: 

■ a. Revising the introductory text; 

■ b. Revising paragraphs (a)(1) and (2); 

■ c. Adding paragraphs (a)(3) and (4); 

■ d. Revising paragraph (b); 

■ e. Revising paragraph (c) introductory 

text and paragraph (c)(3); and 

■ f. Adding paragraph (l). 

The revisions and additions read as 

follows: 

§ 98.127 Records that must be retained. 

In addition to the records required by 

§ 98.3(g), you must retain the dated 

records specified in paragraphs (a) 

through (l) of this section, as applicable. 

(a) * * * 

(1) Identify all products and processes 

subject to this subpart. Include the unit 

identification as appropriate, the generic 

process identification reported for the 

process under § 98.126(a)(2)(i) through 

(iii), and the product with which the 

process is associated. 

(2) Monthly and annual records, as 

applicable, of all analyses and 

calculations conducted as required 

under § 98.123, including the data 

monitored under § 98.124, and all 

information reported as required under 

§ 98.126. 

(3) Identify all fluorinated GHGs with 

emissions of 1,000 metric tons CO2e or 

more from production and 

transformation processes, summed 

across the facility as a whole, and 

identify all fluorinated GHGs with total 

emissions less than 1,000 metric tons 

CO2e from production and 

transformation processes, summed 

across the facility as a whole. 


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(4) Calculations used to determine the 

total GWP-weighted emissions of 

fluorinated GHGs by fluorinated GHG 

group for each process, in metric tons 

CO2e. 

(b) Scoping speciation. Retain records 

documenting the information collected 

under § 98.124(a). 

(c) Mass balance method. Retain the 

following records for each process for 

which the mass balance method was 

used to estimate emissions in reporting 

years 2011, 2012, 2013, or 2014. If you 

used an element other than fluorine in 

the mass balance equation pursuant to 

the former § 98.123(b)(3) as included in 

paragraph 1 of Appendix A of this 

subpart for the former mass balance 

method, substitute that element for 

fluorine in the recordkeeping 

requirements of this paragraph. 

* * * * * 

(3) The data and calculations used to 

determine the fractions of the mass 

emitted consisting of each reactant 

(FERd), product (FEP), and by-product 

(FEBk), including the preliminary 

calculations in the former 

§ 98.123(b)(8)(i). 

* * * * * 

(l) Verification software records. For 

reporting year 2015 and thereafter, you 

must enter into verification software 

specified in § 98.5(b) the data specified 

in paragraphs (l)(1) through (15) of this 

section. The data specified in 

paragraphs (l)(1) through (11) must be 

entered for each process and each 

process vent, as applicable. The data 

specified in paragraphs (l)(1) through 

(15) must be entered for each 

fluorinated GHG, as applicable. You 

must keep a record of the file generated 

by the verification software specified in 

§ 98.5(b) for the applicable data 

specified in paragraphs (l)(1) through 

(15) of this section. Retention of this file 

satisfies the recordkeeping requirement 

for the data in paragraphs (l)(1) through 

(15) of this section. 

(1) The identity of the process vent 

(e.g., name or number assigned by the 

facility). 

(2) The equation used to estimate 

emissions from the process vent 

(Equations L–21, L–22, L–26, or L–27). 

(3) The type of process activity used 

to estimate emissions from the process 

vent (e.g., product of process or reactant 

consumed by process) (Activity, 

ActivityC, or ActivityU) (Equations L–21, 

L–22, L–26, L–27, L–35). 

(4) The quantities of the process 

activity used to estimate controlled and 

uncontrolled emissions, respectively, 

for the process vent, Activity, ActivityU,

or ActivityC, (e.g. kg product) (Equations 

L–21, L–22, L–26, L–27, L–35). 

(5) The site-specific, process-ventspecific emission factor, EFPV–C, for the 

process vent, measured after the 

destruction device (kg fluorinated GHG 

emitted per kg activity) (Equation L–21). 

(6) The site-specific, process-ventspecific emission calculation factor, 

ECFPV–U, for the process vent, for 

periods not vented to destruction device 

(kg fluorinated GHG emitted per kg 

activity) (Equations L–21, L–35). 

(7) The site-specific, process-ventspecific emission factor(s), EFPV–U, for 

the process vent, measured before the 

destruction device (kg fluorinated GHG 

emitted per kg activity) (Equations L–22, 

L–35). 

(8) The site-specific, process-ventspecific emission calculation factor for 

the process vent, ECFPV (kg fluorinated 

GHG emitted per kg of activity) 

(Equations L–26, L–27, L–35). 

(9) Destruction efficiency, DE, of each 

destruction device for each fluorinated 

GHG whose destruction the facility 

reflects in § 98.123, in accordance with 

§ 98.124(g)(1)(i) through (iv) (weight 

fraction) (Equations L–22, L–27, L–31). 

(10) Emissions of each fluorinated 

GHG for equipment pieces for the 

process, EELf (metric ton/yr) 

(98.123(d)(3)). 

(11) The mass of the fluorinated GHG 

previously produced and fed into the 

destruction device, RED, (metric tons) 

(Equation L–31). 

(12) If applicable, the heel factor, hfj, 

calculated for each container size and 

type (decimal fraction) (Equation L–34). 

(13) If applicable, the number of 

containers of size and type j returned to 

the fluorinated gas production facility, 

Nfj, (Equation L–34). 

(14) If applicable, the full capacity of 

containers of size and type j containing 

fluorinated GHG f, Ffj, (metric tons) 

(Equation L–34). 

(15) For fluorinated GHGs that do not 

have a chemical-specific GWP on Table 

A–1 of subpart A of this part, the 

fluorinated GHG group of which the 

fluorinated GHG is a member, as 

applicable (to permit look-up of global 

warming potential, GWPf, or GWPi, for 

that fluorinated GHG in Table A–1 of 

subpart A of this part (Equation A–1 of 

subpart A of this part, Equation L–35)). 

■ 8. Section 98.128 is amended by 

adding, in alphabetical order, 

definitions for ‘‘Fluorinated gas 

product,’’ ‘‘Generically-identified 

process,’’ and ‘‘Major fluorinated GHG 

constituent’’ to read as follows: 

§ 98.128 Definitions. 

* * * * * 

Fluorinated gas product means the 

product of the process, including 

isolated intermediates. 

* * * * * 

Generically-identified process means 

a process that is: 

(1) Identified as a production process, 

a transformation process where no 

fluorinated GHG reactant is produced at 

another facility, or a transformation 

process where one or more fluorinated 

GHG reactants are produced at another 

facility; 

(2) Further identified as a reaction, 

distillation, or packaging process, or a 

combination thereof; and 

(3) Tagged with a discrete identifier, 

such as a letter or number, that remains 

constant from year to year. 

* * * * * 

Major fluorinated GHG constituent 

means a fluorinated GHG constituent of 

a fluorinated gas product that occurs in 

concentrations greater than 1 percent by 

mass. 

* * * * * 

■ 9. Add table L–1 to subpart L to read 

as follows: 

TABLE L–1 OF SUBPART L OF PART

98—RANGES OF EFFECTIVE DESTRUCTION EFFICIENCY

Range of Reductions 

≥99%. 

≥95% to <99%. 

≥75% to <95%. 

≥0% to <75%. 

■ 10. Add Appendix A to subpart L to 

read as follows: 

Appendix A to Subpart L of Part 98— 

Mass Balance Method for Fluorinated 

Gas Production 

1. Mass Balance Method for § 98.123(b). 

[Note: Numbering convention here matches 

original rule text, 75 FR 74774, December 1, 

2010.] 

(b) Mass balance method. Before using the 

mass balance approach to estimate your 

fluorinated GHG emissions from a process, 

you must ensure that the process and the 

equipment and methods used to measure it 

meet either the error limits described in this 

paragraph and calculated under paragraph 

(b)(1) of this section or the requirements 

specified in paragraph § 98.124(b)(8). If you 

choose to calculate the error limits, you must 

estimate the absolute and relative errors 

associated with using the mass balance 

approach on that process using Equations L– 

1 through L–4 of this section in conjunction 

with Equations L–5 through L–10 of this 

section. You may use the mass-balance 

approach to estimate emissions from the 

process if this calculation results in an 

absolute error of less than or equal to 3,000 

metric tons CO2e per year or a relative error 

of less than or equal to 30 percent of the 


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73790 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

estimated CO2e fluorinated GHG emissions. If 

you do not meet either of the error limits or 

the requirements of paragraph § 98.124(b)(8), 

you must use the emission factor approach 

detailed in paragraphs (c), (d), and (e) of this 

section to estimate emissions from the 

process. 

(1) Error calculation. To perform the 

calculation, you must first calculate the 

absolute and relative errors associated with 

the quantities calculated using either 

Equations L–7 through L–10 of this section 

or Equation L–17 of this section. 

Alternatively, you may estimate these errors 

based on the variability of previous process 

measurements (e.g., the variability of 

measurements of stream concentrations), 

provided these measurements are 

representative of the current process and 

current measurement devices and 

techniques. Once errors have been calculated 

for the quantities in these equations, those 

errors must be used to calculate the errors in 

Equations L–6 and L–5 of this section. You 

may ignore the errors associated with 

Equations L–11, L–12, and L–13 of this 

section. 

(i) Where the measured quantity is a mass, 

the error in the mass must be equated to the 

accuracy or precision (whichever is larger) of 

the flowmeter, scale, or combination of 

volumetric and density measurements at the 

flow rate or mass measured. 

(ii) Where the measured quantity is a 

concentration of a stream component, the 

error of the concentration must be equated to 

the accuracy or precision (whichever is 

larger) with which you estimate the mean 

concentration of that stream component, 

accounting for the variability of the process, 

the frequency of the measurements, and the 

accuracy or precision (whichever is larger) of 

the analytical technique used to measure the 

concentration at the concentration measured. 

If the variability of process measurements is 

used to estimate the error, this variability 

shall be assumed to account both for the 

variability of the process and the precision of 

the analytical technique. Use standard 

statistical techniques such as the student’s t 

distribution to estimate the error of the mean 

of the concentration measurements as a 

function of process variability and frequency 

of measurement. 

(iii) Equation L–1 of this section provides 

the general formula for calculating the 

absolute errors of sums and differences 

where the sum, S, is the summation of 

variables measured, a, b, c, etc. (e.g., S = a 

+ b + c): 

Where: 

eSA = Absolute error of the sum, expressed 

as one half of a 95 percent confidence 

interval. 

ea = Relative error of a, expressed as one half 

of a 95 percent confidence interval. 

eb = Relative error of b, expressed as one half 

of a 95 percent confidence interval. 

ec = Relative error of c, expressed as one half 

of a 95 percent confidence interval. 

(iv) Equation L–2 of this section provides 

the general formula for calculating the 

relative errors of sums and differences: 

Where: 

eSR = Relative error of the sum, expressed as 

one half of a 95 percent confidence 

interval. 

eSA = Absolute error of the sum, expressed 

as one half of a 95 percent confidence 

interval. 

a+b+c = Sum of the variables measured. 

(v) Equation L–3 of this section provides 

the general formula for calculating the 

absolute errors of products (e.g., flow rates of 

GHGs calculated as the product of the flow 

rate of the stream and the concentration of 

the GHG in the stream), where the product, 

P, is the result of multiplying the variables 

measured, a, b, c, etc. (e.g., P = a*b*c): 

Where: 

ePA = Absolute error of the product, 

expressed as one half of a 95 percent 

confidence interval. 

ea = Relative error of a, expressed as one half 

of a 95 percent confidence interval. 

eb = Relative error of b, expressed as one half 

of a 95 percent confidence interval. 

ec = Relative error of c, expressed as one half 

of a 95 percent confidence interval. 

(vi) Equation L–4 of this section provides 

the general formula for calculating the 

relative errors of products: 

Where: 

ePR = Relative error of the product, expressed 

as one half of a 95 percent confidence 

interval. 

ePA = Absolute error of the product, 

expressed as one half of a 95 percent 

confidence interval. 

a*b*c = Product of the variables measured. 

(vii) Calculate the absolute error of the 

emissions estimate in terms of CO2e by 

performing a preliminary estimate of the 

annual CO2e emissions of the process using 

the method in paragraph (b)(1)(viii) of this 

section. Multiply this result by the relative 

error calculated for the mass of fluorine 

emitted from the process in Equation L–6 of 

this section. 

(viii) To estimate the annual CO2e 

emissions of the process for use in the error 

estimate, apply the methods set forth in 

paragraphs (b)(2) through (7) and (b)(9) 

through (16) of this section to representative 

process measurements. If these process 

measurements represent less than one year of 

typical process activity, adjust the estimated 

emissions to account for one year of typical 

process activity. To estimate the terms FERd, 

FEP, and FEBk for use in the error estimate 

for Equations L–11, L–12, and L–13 of this 

section, you must either use emission testing, 

monitoring of emitted streams, and/or 

engineering calculations or assessments, or in 

the alternative assume that all fluorine is 

emitted in the form of the fluorinated GHG 

that has the highest GWP among the 


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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73791 

fluorinated GHGs that occur in more than 

trace concentrations in the process. To 

convert the fluorinated GHG emissions to 

CO2e, use Equation A–1 of § 98.2. For 

fluorinated GHGs whose GWPs are not listed 

in Table A–1 to subpart A of this part, use 

a default GWP of 2,000. 

(2) The total mass of each fluorinated GHG 

emitted annually from each fluorinated gas 

production and each fluorinated GHG 

transformation process must be estimated by 

using Equation L–5 of this section. 

Where: 

EFGHGf = Total mass of each fluorinated GHG 

f emitted annually from production or 

transformation process i (metric tons). 

ERp-FGHGf = Total mass of fluorinated GHG 

reactant f emitted from production 

process i over the period p (metric tons, 

calculated in Equation L–11 of this 

section). 

EPp-FGHGf = Total mass of the fluorinated GHG 

product f emitted from production 

process i over the period p (metric tons, 

calculated in Equation L–12 of this 

section). 

EBp-FGHGf = Total mass of fluorinated GHG 

by-product f emitted from production 

process i over the period p (metric tons, 

calculated in Equation L–13 of this 

section). 

n = Number of concentration and flow 

measurement periods for the year. 

(3) The total mass of fluorine emitted from 

process i over the period p must be estimated 

at least monthly by calculating the difference 

between the total mass of fluorine in the 

reactant(s) (or inputs, for processes that do 

not involve a chemical reaction) and the total 

mass of fluorine in the product (or outputs, 

for processes that do not involve a chemical 

reaction), accounting for the total mass of 

fluorine in any destroyed or recaptured 

streams that contain reactants, products, or 

by-products (or inputs or outputs). This 

calculation must be performed using 

Equation L–6 of this section. An element 

other than fluorine may be used in the massbalance equation, provided the element 

occurs in all of the fluorinated GHGs fed into 

or generated by the process. In this case, the 

mass fractions of the element in the reactants, 

products, and by-products must be calculated 

as appropriate for that element. 

Where: 

EF = Total mass of fluorine emitted from 

process i over the period p (metric tons). 

Rd = Total mass of the fluorine-containing 

reactant d that is fed into process i over 

the period p (metric tons). 

P = Total mass of the fluorine-containing 

product produced by process i over the 

period p (metric tons). 

MFFRd = Mass fraction of fluorine in reactant 

d, calculated in Equation L–14 of this 

section. 

MFFP = Mass fraction of fluorine in the 

product, calculated in Equation L–15 of 

this section. 

FD = Total mass of fluorine in destroyed or 

recaptured streams from process i 

containing fluorine-containing reactants, 

products, and by-products over the 

period p, calculated in Equation L–7 of 

this section. 

v = Number of fluorine-containing reactants 

fed into process i. 

(4) The mass of total fluorine in destroyed 

or recaptured streams containing fluorinecontaining reactants, products, and byproducts must be estimated at least monthly 

using Equation L–7 of this section unless you 

use the alternative approach provided in 

paragraph (b)(15) of this section. 

Where: 

FD = Total mass of fluorine in destroyed or 

recaptured streams from process i 

containing fluorine-containing reactants, 

products, and by-products over the 

period p. 

Pj = Mass of the fluorine-containing product 

removed from process i in stream j and 

destroyed over the period p (calculated 

in Equation L–8 or L–9 of this section). 

Bkj = Mass of fluorine-containing by-product 

k removed from process i in stream j and 

destroyed over the period p (calculated 

in Equation L–8 or L–9 of this section). 

Bkl = Mass of fluorine-containing by-product 

k removed from process i in stream l and 

recaptured over the period p. 

Rdj = Mass of fluorine-containing reactant d 

removed from process i in stream j and 

destroyed over the period p (calculated 

in Equation L–8 or L–9 of this section). 

MFFRd = Mass fraction of fluorine in reactant 

d, calculated in Equation L–14 of this 

section. 

MFFP = Mass fraction of fluorine in the 

product, calculated in Equation L–15 of 

this section. 

MFFBk = Mass fraction of fluorine in byproduct k, calculated in Equation L–16 

of this section. 

q = Number of streams destroyed in process 

i. 

x = Number of streams recaptured in process 

i. 

u = Number of fluorine-containing byproducts generated in process i. 

v = Number of fluorine-containing reactants 

fed into process i. 

(5) The mass of each fluorinated GHG 

removed from process i in stream j and 

destroyed over the period p (i.e., Pj, Bkj, or 

Rdj, as applicable) must be estimated by 

applying the destruction efficiency (DE) of 

the device that has been demonstrated for the 

fluorinated GHG f to fluorinated GHG f using 

Equation L–8 of this section: 


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73792 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

Where: 

MFGHGfj = Mass of fluorinated GHG f removed 

from process i in stream j and destroyed 

over the period p. (This may be Pj, Bkj, 

or Rdj, as applicable.) 

DEFGHGf = Destruction efficiency of the 

device that has been demonstrated for 

fluorinated GHG f in stream j (fraction). 

CFGHGfj = Concentration (mass fraction) of 

fluorinated GHG f in stream j removed 

from process i and fed into the 

destruction device over the period p. If 

this concentration is only a trace 

concentration, cF–GHGfj is equal to zero. 

Sj = Mass removed in stream j from process 

i and fed into the destruction device over 

the period p (metric tons). 

(6) The mass of each fluorine-containing 

compound that is not a fluorinated GHG and 

that is removed from process i in stream j and 

destroyed over the period p (i.e., Pj, Bkj, or 

Rdj, as applicable) must be estimated using 

Equation L–9 of this section. 

Where: 

MFCgj = Mass of non-GHG fluorine-containing 

compound g removed from process i in 

stream j and destroyed over the period p. 

(This may be Pj, Bkj, or Rdj, as 

applicable). 

cFCgj = Concentration (mass fraction) of nonGHG fluorine-containing compound g in 

stream j removed from process i and fed 

into the destruction device over the 

period p. If this concentration is only a 

trace concentration, cFCgj is equal to zero. 

Sj = Mass removed in stream j from process 

i and fed into the destruction device over 

the period p (metric tons). 

(7) The mass of fluorine-containing byproduct k removed from process i in stream 

l and recaptured over the period p must be 

estimated using Equation L–10 of this 

section: 

Where: 

Bkl = Mass of fluorine-containing by-product 

k removed from process i in stream l and 

recaptured over the period p (metric 

tons). 

cBkl = Concentration (mass fraction) of 

fluorine-containing by-product k in 

stream l removed from process i and 

recaptured over the period p. If this 

concentration is only a trace 

concentration, cBkl is equal to zero. 

Sl = Mass removed in stream l from process 

i and recaptured over the period p 

(metric tons). 

(8) To estimate the terms FERd, FEP, and 

FEBk for Equations L–11, L–12, and L–13 of 

this section, you must assume that the total 

mass of fluorine emitted, EF, estimated in 

Equation L–6 of this section, occurs in the 

form of the fluorinated GHG that has the 

highest GWP among the fluorinated GHGs 

that occur in more than trace concentrations 

in the process unless you possess emission 

characterization measurements showing 

otherwise. These emission characterization 

measurements must meet the requirements in 

paragraph (8)(i), (ii), or (iii) of this section, as 

appropriate. The sum of the terms must equal 

1. You must document the data and 

calculations that are used to speciate 

individual compounds and to estimate FERd, 

FEP, and FEBk. Exclude from your 

calculations the fluorine included in FD. For 

example, exclude fluorine-containing 

compounds that are not fluorinated GHGs 

and that result from the destruction of 

fluorinated GHGs by any destruction devices 

(e.g., the mass of HF created by combustion 

of an HFC). However, include emissions of 

fluorinated GHGs that survive the destruction 

process. 

(i) If the calculations under paragraph 

(b)(1)(viii) of this section, or any subsequent 

measurements and calculations under this 

subpart, indicate that the process emits 

25,000 metric tons CO2e or more, estimate 

the emissions from each process vent, 

considering controls, using the methods in 

§ 98.123(c)(1). You must characterize the 

emissions of any process vent that emits 

25,000 metric tons CO2e or more as specified 

in § 98.124(b)(4). 

(ii) For other vents, including vents from 

processes that emit less than 25,000 metric 

tons CO2e, you must characterize emissions 

as specified in § 98.124(b)(5). 

(iii) For fluorine emissions that are not 

accounted for by vent estimates, you must 

characterize emissions as specified in 

§ 98.124(b)(6). 

(9) The total mass of fluorine-containing 

reactant d emitted must be estimated at least 

monthly based on the total fluorine emitted 

and the fraction that consists of fluorinecontaining reactants using Equation L–11 of 

this section. If the fluorine-containing 

reactant d is a non-GHG, you may assume 

that FERd is zero. 

Where: 

ER-ip = Total mass of fluorine-containing 

reactant d that is emitted from process i 

over the period p (metric tons). 

FERd = The fraction of the mass emitted that 

consists of the fluorine-containing 

reactant d. 

EF = Total mass of fluorine emissions from 

process i over the period p (metric tons), 

calculated in Equation L–6 of this 

section. 

FEP = The fraction of the mass emitted that 

consists of the fluorine-containing 

product. 

FEBk = The fraction of the mass emitted that 

consists of fluorine-containing byproduct k. 

MFFRd = Mass fraction of fluorine in reactant 

d, calculated in Equation L–14 of this 

section. 

MFFP = Mass fraction of fluorine in the 

product, calculated in Equation L–15 of 

this section. 

MFFBk = Mass fraction of fluorine in byproduct k, calculation in Equation L–16 

of this section. 

u = Number of fluorine-containing byproducts generated in process i. 

v = Number of fluorine-containing reactants 

fed into process i. 

(10) The total mass of fluorine-containing 

product emitted must be estimated at least 

monthly based on the total fluorine emitted 

and the fraction that consists of fluorinecontaining products using Equation L–12 of 

this section. If the fluorine-containing 

product is a non-GHG, you may assume that 

FEP is zero. 


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Where: 

EP-ip = Total mass of fluorine-containing 

product emitted from process i over the 

period p (metric tons). 

FEP = The fraction of the mass emitted that 

consists of the fluorine-containing 

product. 

EF = Total mass of fluorine emissions from 

process i over the period p (metric tons), 

calculated in Equation L–6 of this 

section. 

FERd = The fraction of the mass emitted that 

consists of fluorine-containing reactant 

d. 

FEBk = The fraction of the mass emitted that 

consists of fluorine-containing byproduct k. 

MFFRd = Mass fraction of fluorine in reactant 

d, calculated in Equation L–14 of this 

section. 

MFFP = Mass fraction of fluorine in the 

product, calculated in Equation L–15 of 

this section. 

MFFBk = Mass fraction of fluorine in byproduct k, calculation in Equation L–16 

of this section. 

u = Number of fluorine-containing byproducts generated in process i. 

v = Number of fluorine-containing reactants 

fed into process i. 

(11) The total mass of fluorine-containing 

by-product k emitted must be estimated at 

least monthly based on the total fluorine 

emitted and the fraction that consists of 

fluorine-containing by-products using 

Equation L–13 of this section. If fluorinecontaining by-product k is a non-GHG, you 

may assume that FEBk is zero. 

Where: 

EBk-ip = Total mass of fluorine-containing byproduct k emitted from process i over the 

period p (metric tons). 

FEBk = The fraction of the mass emitted that 

consists of fluorine-containing byproduct k. 

FERd = The fraction of the mass emitted that 

consists of fluorine-containing reactant 

d. 

FEP = The fraction of the mass emitted that 

consists of the fluorine-containing 

product. 

EF = Total mass of fluorine emissions from 

process i over the period p (metric tons), 

calculated in Equation L–6 of this 

section. 

MFFRd = Mass fraction of fluorine in reactant 

d, calculated in Equation L–14 of this 

section. 

MFFP = Mass fraction of fluorine in the 

product, calculated in Equation L–15 of 

this section. 

MFFBk = Mass fraction of fluorine in byproduct k, calculation in Equation L–16 

of this section. 

u = Number of fluorine-containing byproducts generated in process i. 

v = Number of fluorine-containing reactants 

fed into process i. 

(12) The mass fraction of fluorine in 

reactant d must be estimated using Equation 

L–14 of this section: 

Where: 

MFFRd = Mass fraction of fluorine in reactant 

d (fraction). 

MFRd = Moles fluorine per mole of reactant 

d. 

AWF = Atomic weight of fluorine. 

MWRd = Molecular weight of reactant d. 

(13) The mass fraction of fluorine in the 

product must be estimated using Equation L– 

15 of this section: 

Where: 

MFFP = Mass fraction of fluorine in the 

product (fraction). 

MFP = Moles fluorine per mole of product. 

AWF = Atomic weight of fluorine. 

MWP = Molecular weight of the product 

produced. 

(14) The mass fraction of fluorine in byproduct k must be estimated using Equation 

L–16 of this section: 


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73794 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

Where: 

MFFBk = Mass fraction of fluorine in the 

product (fraction). 

MFBk = Moles fluorine per mole of byproduct k. 

AWF = Atomic weight of fluorine. 

MWBk = Molecular weight of by-product k. 

(15) Alternative for determining the mass 

of fluorine destroyed or recaptured. As an 

alternative to using Equation L–7 of this 

section as provided in paragraph (b)(4) of this 

section, you may estimate at least monthly 

the total mass of fluorine in destroyed or 

recaptured streams containing fluorinecontaining compounds (including all 

fluorine-containing reactants, products, and 

byproducts) using Equation L–17 of this 

section. 

Where: 

FD = Total mass of fluorine in destroyed or 

recaptured streams from process i 

containing fluorine-containing reactants, 

products, and by-products over the 

period p. 

DEavgj = Weighted average destruction 

efficiency of the destruction device for 

the fluorine-containing compounds 

identified in destroyed stream j under 

§ 98.124(b)(4)(ii) and (5)(ii) (calculated in 

Equation L–18 of this section)(fraction). 

cTFj = Concentration (mass fraction) of total 

fluorine in stream j removed from 

process i and fed into the destruction 

device over the period p. If this 

concentration is only a trace 

concentration, cTFj is equal to zero. 

Sj = Mass removed in stream j from process 

i and fed into the destruction device over 

the period p (metric tons). 

cTFl = Concentration (mass fraction) of total 

fluorine in stream l removed from 

process i and recaptured over the period 

p. If this concentration is only a trace 

concentration, cBkl is equal to zero. 

Sl = Mass removed in stream l from process 

i and recaptured over the period p. 

q = Number of streams destroyed in process 

i. 

x = Number of streams recaptured in process 

i. 

(16) Weighted average destruction 

efficiency. For purposes of Equation L–17 of 

this section, calculate the weighted average 

destruction efficiency applicable to a 

destroyed stream using Equation L–18 of this 

section. 

Where: 

DEavgj = Weighted average destruction 

efficiency of the destruction device for 

the fluorine-containing compounds 

identified in destroyed stream j under 

98.124(b)(4)(ii) or (b)(5)(ii), as 

appropriate. 

DEFGHGf = Destruction efficiency of the 

device that has been demonstrated for 

fluorinated GHG f in stream j (fraction). 

cFGHGfj = Concentration (mass fraction) of 

fluorinated GHG f in stream j removed 

from process i and fed into the 

destruction device over the period p. If 

this concentration is only a trace 

concentration, cF–GHGfj is equal to zero. 

cFCgj = Concentration (mass fraction) of nonGHG fluorine-containing compound g in 

stream j removed from process i and fed 

into the destruction device over the 

period p. If this concentration is only a 

trace concentration, cFCgj is equal to zero. 

Sj = Mass removed in stream j from process 

i and fed into the destruction device over 

the period p (metric tons). 

MFFFGHGf = Mass fraction of fluorine in 

fluorinated GHG f, calculated in 

Equation L–14, L–15, or L–16 of this 

section, as appropriate. 

MFFFCg = Mass fraction of fluorine in nonGHG fluorine-containing compound g, 

calculated in Equation L–14, L–15, or L– 

16 of this section, as appropriate. 

w = Number of fluorinated GHGs in 

destroyed stream j. 

y = Number of non-GHG fluorine-containing 

compounds in destroyed stream j. 

2. Mass Balance Method for § 98.124(b). 

[Note: Numbering convention here matches 

original rule text, 75 FR 74774, December 1, 

2010.] 

(b) Mass balance monitoring. If you 

determine fluorinated GHG emissions from 

any process using the mass balance method 

under § 98.123(b), you must estimate the total 

mass of each fluorinated GHG emitted from 

that process at least monthly. Only streams 

that contain greater than trace concentrations 

of fluorine-containing reactants, products, or 

by-products must be monitored under this 

paragraph. If you use an element other than 

fluorine in the mass-balance equation 

pursuant to § 98.123(b)(3), substitute that 

element for fluorine in the monitoring 

requirements of this paragraph. 

(1) Mass measurements. Measure the 

following masses on a monthly or more 

frequent basis using flowmeters, weigh 

scales, or a combination of volumetric and 

density measurements with accuracies and 

precisions that allow the facility to meet the 

error criteria in § 98.123(b)(1): 

(i) Total mass of each fluorine-containing 

product produced. Account for any used 

fluorine-containing product added into the 

production process upstream of the output 

measurement as directed at §§ 98.413(b) and 

98.414(b). For each product, the mass 

produced used for the mass-balance 

calculation must be the same as the mass 

produced that is reported under subpart OO 

of this part, where applicable. 

(ii) Total mass of each fluorine-containing 

reactant fed into the process. 

(iii) The mass removed from the process in 

each stream fed into the destruction device. 

(iv) The mass removed from the process in 

each recaptured stream. 

(2) Concentration measurements for use 

with § 98.123(b)(4). If you use § 98.123(b)(4) 

to estimate the mass of fluorine in destroyed 

or recaptured streams, measure the following 

concentrations at least once each calendar 

month during which the process is operating, 

on a schedule to ensure that the 

measurements are representative of the full 

range of process conditions (e.g., catalyst 

age). Measure more frequently if this is 

necessary to meet the error criteria in 

§ 98.123(b)(1). Use equipment and methods 

(e.g., gas chromatography) that comply with 

paragraph (e) of this section and that have an 

accuracy and precision that allow the facility 

to meet the error criteria in § 98.123(b)(1). 

Only fluorine-containing reactants, products, 

and by-products that occur in a stream in 

greater than trace concentrations must be 

monitored under this paragraph. 

(i) The concentration (mass fraction) of the 

fluorine-containing product in each stream 

that is fed into the destruction device. 

(ii) The concentration (mass fraction) of 

each fluorine-containing by-product in each 

stream that is fed into the destruction device. 

(iii) The concentration (mass fraction) of 

each fluorine-containing reactant in each 

stream that is fed into the destruction device. 

(iv) The concentration (mass fraction) of 

each fluorine-containing by-product in each 

stream that is recaptured (cBkl). 


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(3) Concentration measurements for use 

with § 98.123(b)(15). If you use 

§ 98.123(b)(15) to estimate the mass of 

fluorine in destroyed or recaptured streams, 

measure the concentrations listed in 

paragraphs (b)(3)(i) and (ii) of this section at 

least once each calendar month during which 

the process is operating, on a schedule to 

ensure that the measurements are 

representative of the full range of process 

conditions (e.g., catalyst age). Measure more 

frequently if this is necessary to meet the 

error criteria in § 98.123(b)(1). Use equipment 

and methods (e.g., gas chromatography) that 

comply with paragraph (e) of this section and 

that have an accuracy and precision that 

allow the facility to meet the error criteria in 

§ 98.123(b)(1). Only fluorine-containing 

reactants, products, and by-products that 

occur in a stream in greater than trace 

concentrations must be monitored under this 

paragraph. 

(i) The concentration (mass fraction) of 

total fluorine in each stream that is fed into 

the destruction device. 

(ii) The concentration (mass fraction) of 

total fluorine in each stream that is 

recaptured. 

(4) Emissions characterization: process 

vents emitting 25,000 metric tons CO2e or 

more. To characterize emissions from any 

process vent emitting 25,000 metric tons 

CO2e or more, comply with paragraphs 

(b)(4)(i) through (b)(4)(v) of this section, as 

appropriate. Only fluorine-containing 

reactants, products, and by-products that 

occur in a stream in greater than trace 

concentrations must be monitored under this 

paragraph. 

(i) Uncontrolled emissions. If emissions 

from the process vent are not routed through 

a destruction device, sample and analyze 

emissions at the process vent or stack or 

sample and analyze emitted streams before 

the process vent. If the process has more than 

one operating scenario, you must either 

perform the emission characterization for 

each operating scenario or perform the 

emission characterization for the operating 

scenario that is expected to have the largest 

emissions and adjust the emission 

characterization for other scenarios using 

engineering calculations and assessments as 

specified in § 98.123(c)(4). To perform the 

characterization, take three samples under 

conditions that are representative for the 

operating scenario. Measure the 

concentration of each fluorine-containing 

compound in each sample. Use equipment 

and methods that comply with paragraph (e) 

of this section. Calculate the average 

concentration of each fluorine-containing 

compound across all three samples. 

(ii) Controlled emissions using 

§ 98.123(b)(15). If you use § 98.123(b)(15) to 

estimate the total mass of fluorine in 

destroyed or recaptured streams, and if the 

emissions from the process vent are routed 

through a destruction device, characterize 

emissions as specified in paragraph (b)(4)(i) 

of this section before the destruction device. 

Apply the destruction efficiency 

demonstrated for each fluorinated GHG in 

the destroyed stream to that fluorinated GHG. 

Exclude from the characterization fluorinecontaining compounds that are not 

fluorinated GHGs. 

(iii) Controlled emissions using 

§ 98.123(b)(4). If you use § 98.123(b)(4) to 

estimate the mass of fluorine in destroyed or 

recaptured streams, and if the emissions from 

the process vent are routed through a 

destruction device, characterize the process 

vent’s emissions monthly (or more 

frequently) using the monthly (or more 

frequent) measurements under paragraphs 

(b)(1)(iii) and (b)(2)(i) through (iii) of this 

section. Apply the destruction efficiency 

demonstrated for each fluorinated GHG in 

the destroyed stream to that fluorinated GHG. 

Exclude from the characterization fluorinecontaining compounds that are not 

fluorinated GHGs. 

(iv) Emissions characterization frequency. 

You must repeat emission characterizations 

performed under paragraph (b)(4)(i) and (ii) 

of this section under paragraph (b)(4)(iv)(A) 

or (B) of this section, whichever occurs first: 

(A) 10-year revision. Repeat the emission 

characterization every 10 years. In the 

calculations under § 98.123, apply the 

revised emission characterization to the 

process activity that occurs after the revision. 

(B) Operating scenario change that affects 

the emission characterization. For planned 

operating scenario changes, you must 

estimate and compare the emission 

calculation factors for the changed operating 

scenario and for the original operating 

scenario whose process vent specific 

emission factor was measured. Use the 

engineering calculations and assessments 

specified in § 98.123(c)(4). If the share of total 

fluorine-containing compound emissions 

represented by any fluorinated GHG changes 

under the changed operating scenario by 15 

percent or more of the total, relative to the 

previous operating scenario (this includes the 

cumulative change in the emission 

calculation factor since the last emissions 

test), you must repeat the emission 

characterization. Perform the emission 

characterization before February 28 of the 

year that immediately follows the change. In 

the calculations under § 98.123, apply the 

revised emission characterization to the 

process activity that occurs after the 

operating scenario change. 

(v) Subsequent measurements. If a process 

vent with fluorinated GHG emissions less 

than 25,000 metric tons CO2e, per 

§ 98.123(c)(2), is later found to have 

fluorinated GHG emissions of 25,000 metric 

tons CO2e or greater, you must perform an 

emission characterization under this 

paragraph during the following year. 

(5) Emissions characterization: Process 

vents emitting less than 25,000 metric tons 

CO2e. To characterize emissions from any 

process vent emitting less than 25,000 metric 

tons CO2e, comply with paragraphs (b)(5)(i) 

through (iii) of this section, as appropriate. 

Only fluorine-containing reactants, products, 

and by-products that occur in a stream in 

greater than trace concentrations must be 

monitored under this paragraph. 

(i) Uncontrolled emissions. If emissions 

from the process vent are not routed through 

a destruction device, emission measurements 

must consist of sampling and analysis of 

emissions at the process vent or stack, 

sampling and analysis of emitted streams 

before the process vent, previous test results, 

provided the tests are representative of 

current operating conditions of the process, 

or bench-scale or pilot-scale test data 

representative of the process operating 

conditions. 

(ii) Controlled emissions using 

§ 98.123(b)(15). If you use § 98.123(b)(15) to 

estimate the total mass of fluorine in 

destroyed or recaptured streams, and if the 

emissions from the process vent are routed 

through a destruction device, characterize 

emissions as specified in paragraph (b)(5)(i) 

of this section before the destruction device. 

Apply the destruction efficiency 

demonstrated for each fluorinated GHG in 

the destroyed stream to that fluorinated GHG. 

Exclude from the characterization fluorinecontaining compounds that are not 

fluorinated GHGs. 

(iii) Controlled emissions using 

§ 98.123(b)(4). If you use § 98.123(b)(4) to 

estimate the mass of fluorine in destroyed or 

recaptured streams, and if the emissions from 

the process vent are routed through a 

destruction device, characterize the process 

vent’s emissions monthly (or more 

frequently) using the monthly (or more 

frequent) measurements under paragraphs 

(b)(1)(iii) and (b)(2)(i) through (iii) of this 

section. Apply the destruction efficiency 

demonstrated for each fluorinated GHG in 

the destroyed stream to that fluorinated GHG. 

Exclude from the characterization fluorinecontaining compounds that are not 

fluorinated GHGs. 

(6) Emissions characterization: Emissions 

not accounted for by process vent estimates. 

Calculate the weighted average emission 

characterization across the process vents 

before any destruction devices. Apply the 

weighted average emission characterization 

for all the process vents to any fluorine 

emissions that are not accounted for by 

process vent estimates. 

(7) Impurities in reactants. If any fluorinecontaining impurity is fed into a process 

along with a reactant (or other input) in 

greater than trace concentrations, this 

impurity shall be monitored under this 

section and included in the calculations 

under § 98.123 in the same manner as 

reactants fed into the process, fed into the 

destruction device, recaptured, or emitted, 

except the concentration of the impurity in 

the mass fed into the process shall be 

measured, and the mass of the impurity fed 

into the process shall be calculated as the 

product of the concentration of the impurity 

and the mass fed into the process. The mass 

of the reactant fed into the process may be 

reduced to account for the mass of the 

impurity. 

(8) Alternative to error calculation. As an 

alternative to calculating the relative and 

absolute errors associated with the estimate 

of emissions under § 98.123(b), you may 

comply with the precision, accuracy, 

measurement and calculation frequency, and 

fluorinated GHG throughput requirements of 

paragraph (b)(8)(i) through (iv) of this 

section. 

(i) Mass measurements. Measure the 

masses specified in paragraph (b)(1) of this 

section using flowmeters, weigh scales, or a 

combination of volumetric and density 

measurements with accuracies and 


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precisions of ±0.2 percent of full scale or 

better. 

(ii) Concentration measurements. Measure 

the concentrations specified in paragraph 

(b)(2) or (3) of this section, as applicable, 

using analytical methods with accuracies and 

precisions of ±10 percent or better. 

(iii) Measurement and calculation 

frequency. Perform the mass measurements 

specified in paragraph (b)(1) of this section 

and the concentration measurements 

specified in paragraph (b)(2) or (3) of this 

section, as applicable, at least weekly, and 

calculate emissions at least weekly. 

(iv) Fluorinated-GHG throughput limit. 

You may use the alternative to the error 

calculation specified in paragraph (b)(8) of 

this section only if the total annual CO2- 

equivalent fluorinated GHG throughput of 

the process is 500,000 mtCO2e or less. The 

total throughput is the sum of the masses of 

the fluorinated GHG reactants, products, and 

by-products fed into and generated by the 

process. To convert these masses to CO2e, use 

Equation A–1 of § 98.2. For fluorinated GHGs 

whose GWPs are not listed in Table A–1 to 

subpart A of this part, use a default GWP of 

2,000. 

[FR Doc. 2014–28444 Filed 12–10–14; 8:45 am] 

BILLING CODE 6560–50–P 


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