[Federal Register Volume 78, Number 63 (Tuesday, April 2, 2013)]
[Proposed Rules]
[Pages 19801-19877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06093]



[[Page 19801]]

Vol. 78

Tuesday,

No. 63

April 2, 2013

Part II





Environmental Protection Agency





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40 CFR Part 98





2013 Revisions to the Greenhouse Gas Reporting Rule and Proposed 
Confidentiality Determinations for New or Substantially Revised Data 
Elements; Proposed Rule

Federal Register / Vol. 78 , No. 63 / Tuesday, April 2, 2013 / 
Proposed Rules

[[Page 19802]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2012-0934; FRL-9789-1]
RIN 2060-AR52


2013 Revisions to the Greenhouse Gas Reporting Rule and Proposed 
Confidentiality Determinations for New or Substantially Revised Data 
Elements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to amend the Greenhouse Gas Reporting 
Rule and to clarify or change specific provisions. Particularly, the 
EPA is proposing to amend a table in the General Provisions, to reflect 
revised global warming potentials of some greenhouse gases that have 
been published by the Intergovernmental Panel on Climate Change and to 
add global warming potentials for certain fluorinated greenhouse gases 
not currently listed in the table. This action also proposes 
confidentiality determinations for the reporting of new or 
substantially revised (i.e., requiring additional or different data to 
be reported) data elements contained in these proposed amendments to 
the Greenhouse Gas Reporting Rule.

DATES: Comments. Comments must be received on or before May 17, 2013.
    Public Hearing. The EPA does not plan to conduct a public hearing 
unless requested. To request a hearing, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section of this preamble 
by April 9, 2013. If requested, the hearing will be conducted on April 
17, 2013, in the Washington, DC area. The EPA will provide further 
information about the hearing on its Web page if a hearing is 
requested.

ADDRESSES: You may submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2012-0934 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: MRR_Corrections@epa.gov. Include Docket ID No. 
EPA-HQ-OAR-2012-0934 or RIN No. 2060-AR52 in the subject line of the 
message.
     Fax: (202) 566-1741.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2012-0934, 
1200 Pennsylvania Avenue NW., Washington, DC 20004.
     Hand/Courier Delivery: EPA Docket Center, Public Reading 
Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., 
Washington, DC 20004. Such deliveries are accepted only during the 
normal hours of operation of the Docket Center, and special 
arrangements should be made for deliveries of boxed information.
    Additional Information on Submitting Comments: To expedite review 
of your comments by agency staff, you are encouraged to send a separate 
copy of your comments, in addition to the copy you submit to the 
official docket, to Carole Cook, U.S. EPA, Office of Atmospheric 
Programs, Climate Change Division, Mail Code 6207-J, Washington, DC, 
20460, telephone (202) 343-9263, email address: GHGReporting@epa.gov.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2012-0934, 2013 Revisions to the Greenhouse Gas Reporting Rule and 
Proposed Confidentiality Determinations for New or Substantially 
Revised Data Elements. The EPA's policy is that all comments received 
will be included in the public docket without change and may be made 
available online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be confidential business information (CBI) or other information 
whose disclosure is restricted by statute.
    Should you choose to submit information that you claim to be CBI, 
clearly mark the part or all of the information that you claim to be 
CBI. For information that you claim to be CBI in a disk or CD ROM that 
you mail to the EPA, mark the outside of the disk or CD ROM as CBI and 
then identify electronically within the disk or CD ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes information claimed as CBI, a copy of the 
comment that does not contain the information claimed as CBI must be 
submitted for inclusion in the public docket. Information marked as CBI 
will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2. Send or deliver information identified as CBI to only 
the mail or hand/courier delivery address listed above, attention: 
Docket ID No. EPA-HQ-OAR-2012-0934. If you have any questions about CBI 
or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.
    Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; email address: 
GHGReportingRule@epa.gov. For technical information, please go to the 
Greenhouse Gas Reporting Rule Program Web site http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To submit a question, 
select Rule Help Center, followed by ``Contact Us.''
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available through 
the WWW.

[[Page 19803]]

Following the Administrator's signature, a copy of this action will be 
posted on EPA's greenhouse gas reporting rule Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION: 
    Regulated Entities. The Administrator determined that this action 
is subject to the provisions of Clean Air Act (CAA) section 307(d). See 
CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) apply to 
``such other actions as the Administrator may determine''). These are 
proposed amendments to existing regulations. If finalized, these 
amended regulations would affect certain owners and operators of 
facilities that directly emit greenhouse gases (GHGs) as well as 
certain suppliers. 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
----------------------------------------------------------------------------------------------------------------
General Stationary Fuel Combustion      ...................................  Facilities operating boilers,
 Sources.                                                                     process heaters, incinerators,
                                                                              turbines, and internal combustion
                                                                              engines.
                                        211................................  Extractors of crude petroleum and
                                                                              natural gas.
                                        321................................  Manufacturers of lumber and wood
                                                                              products.
                                        322................................  Pulp and paper mills.
                                        325................................  Chemical manufacturers.
                                        324................................  Petroleum refineries, and
                                                                              manufacturers of coal products.
                                        316, 326, 339......................  Manufacturers of rubber and
                                                                              miscellaneous plastic products.
                                        331................................  Steel works, blast furnaces.
                                        332................................  Electroplating, plating, polishing,
                                                                              anodizing, and coloring.
                                        336................................  Manufacturers of motor vehicle
                                                                              parts and accessories.
                                        221................................  Electric, gas, and sanitary
                                                                              services.
                                        622................................  Health services.
                                        611................................  Educational services.
Electricity Generation................  221112.............................  Fossil-fuel fired electric
                                                                              generating units, including units
                                                                              owned by federal and municipal
                                                                              governments and units located in
                                                                              Indian Country.
Acid Gas Injection Projects...........  211111 or 211112...................  Projects that inject natural gas
                                                                              containing CO2 underground.
Adipic Acid Production................  325199.............................  Adipic acid manufacturing
                                                                              facilities.
Aluminum Production...................  331312.............................  Primary Aluminum production
                                                                              facilities.
Ammonia Manufacturing.................  325311.............................  Anhydrous and aqueous ammonia
                                                                              manufacturing facilities.
Cement Production.....................  327310.............................  Portland cement manufacturing
                                                                              plants.
CO2 Enhanced Oil and Gas Recovery       211................................  Oil and gas extraction projects
 Projects.                                                                    using CO2 enhanced oil and gas
                                                                              recovery.
Electrical Equipment Use..............  221121.............................  Electric bulk power transmission
                                                                              and control facilities.
Electrical Equipment Manufacture or     33531..............................  Power transmission and distribution
 Refurbishment.                                                               switchgear and specialty
                                                                              transformers manufacturing
                                                                              facilities.
Electronics Manufacturing.............  334111.............................  Microcomputers manufacturing
                                                                              facilities.
                                        334413.............................  Semiconductor, photovoltaic (solid-
                                                                              state) device manufacturing
                                                                              facilities.
                                        334419.............................  LCD unit screens manufacturing
                                                                              facilities. MEMS manufacturing
                                                                              facilities.
Ethanol Production....................  325193.............................  Ethyl alcohol manufacturing
                                                                              facilities.
Ferroalloy Production.................  331112.............................  Ferroalloys manufacturing
                                                                              facilities.
Fluorinated GHG Production............  325120.............................  Industrial gases manufacturing
                                                                              facilities.
Food Processing.......................  311611.............................  Meat processing facilities.
                                        311411.............................  Frozen fruit, juice, and vegetable
                                                                              manufacturing facilities.
                                        311421.............................  Fruit and vegetable canning
                                                                              facilities.
Glass Production......................  327211.............................  Flat glass manufacturing
                                                                              facilities.
                                        327213.............................  Glass container manufacturing
                                                                              facilities.
                                        327212.............................  Other pressed and blown glass and
                                                                              glassware manufacturing
                                                                              facilities.
GS Sites..............................  NA.................................  CO2 geologic sequestration
                                                                              projects.
HFC-22 Production and HFC-23            325120.............................  Chlorodifluoromethane manufacturing
 Destruction.                                                                 facilities.
Hydrogen Production...................  325120.............................  Hydrogen manufacturing facilities.
Importers and Exporters of Pre-charged  423730.............................  Air-conditioning equipment (except
 Equipment and Closed-Cell Foams.                                             room units) merchant wholesalers.
                                        333415.............................  Air-conditioning equipment (except
                                                                              motor vehicle) manufacturing.
                                        423620.............................  Air-conditioners, room, merchant
                                                                              wholesalers.

[[Page 19804]]

 
                                        443111.............................  Household Appliance Stores.
                                        326150.............................  Polyurethane foam products
                                                                              manufacturing.
                                        335313.............................  Circuit breakers, power,
                                                                              manufacturing.
                                        423610.............................  Circuit breakers merchant
                                                                              wholesalers.
Industrial Waste Landfills............  562212.............................  Solid waste landfills.
                                        221320.............................  Sewage treatment facilities.
                                        322110.............................  Pulp mills.
                                        322121.............................  Paper mills.
                                        322122.............................  Newsprint mills.
                                        322130.............................  Paperboard mills.
                                        311611.............................  Meat processing facilities.
                                        311411.............................  Frozen fruit, juice and vegetable
                                                                              manufacturing facilities.
                                        311421.............................  Fruit and vegetable canning
                                                                              facilities.
Industrial Wastewater Treatment.......  322110.............................  Pulp mills.
                                        322121.............................  Paper mills.
                                        322122.............................  Newsprint mills.
                                        322130.............................  Paperboard mills.
                                        311611.............................  Meat processing facilities.
                                        311411.............................  Frozen fruit, juice, and vegetable
                                                                              manufacturing facilities.
                                        311421.............................  Fruit and vegetable canning
                                                                              facilities.
                                        325193.............................  Ethanol manufacturing facilities.
                                        324110.............................  Petroleum refineries.
Iron and Steel Production.............  331111.............................  Integrated iron and steel mills,
                                                                              steel companies, sinter plants,
                                                                              blast furnaces, basic oxygen
                                                                              process furnace shops.
Lead Production.......................  331419.............................  Primary lead smelting and refining
                                                                              facilities.
                                        331492.............................  Secondary lead smelting and
                                                                              refining facilities.
Lime Production.......................  327410.............................  Calcium oxide, calcium hydroxide,
                                                                              dolomitic hydrates manufacturing
                                                                              facilities.
Magnesium Production..................  331419.............................  Primary refiners of nonferrous
                                                                              metals by electrolytic methods.
Municipal Solid Waste Landfills.......  562212.............................  Solid waste landfills.
                                        221320.............................  Sewage treatment facilities.
Nitric Acid Production................  325311.............................  Nitric acid manufacturing
                                                                              facilities.
Oil and Natural Gas Systems...........  486210.............................  Pipeline transportation of natural
                                                                              gas.
                                        221210.............................  Natural gas distribution
                                                                              facilities.
                                        325212.............................  Synthetic rubber manufacturing
                                                                              facilities.
Petrochemical Production..............  32511..............................  Ethylene dichloride manufacturing
                                                                              facilities.
                                        325199.............................  Acrylonitrile, ethylene oxide,
                                                                              methanol manufacturing facilities.
                                        325110.............................  Ethylene manufacturing facilities.
                                        325182.............................  Carbon black manufacturing
                                                                              facilities.
Petroleum Refineries..................  324110.............................  Petroleum refineries.
Phosphoric Acid Production............  325312.............................  Phosphoric acid manufacturing
                                                                              facilities.
Petroleum and Natural Gas Systems.....  486210.............................  Pipeline transportation of natural
                                                                              gas.
                                        221210.............................  Natural gas distribution
                                                                              facilities.
                                        211................................  Extractors of crude petroleum and
                                                                              natural gas.
                                        211112.............................  Natural gas liquid extraction
                                                                              facilities.
Pulp and Paper Manufacturing..........  322110.............................  Pulp mills.
                                        322121.............................  Paper mills.
                                        322130.............................  Paperboard mills.
Soda Ash Manufacturing................  325181.............................  Alkalies and chlorine manufacturing
                                                                              facilities.
Silicon Carbide Production............  327910.............................  Silicon carbide abrasives
                                                                              manufacturing facilities.
Sulfur Hexafluoride (SF6) from          221121.............................  Electric bulk power transmission
 Electrical Equipment.                                                        and control facilities.
Titanium Dioxide Production...........  325188.............................  Titanium dioxide manufacturing
                                                                              facilities.
Underground Coal Mines................  212113.............................  Underground anthracite coal mining
                                                                              operations.
                                        212112.............................  Underground bituminous coal mining
                                                                              operations.
Zinc Production.......................  331419.............................  Primary zinc refining facilities.

[[Page 19805]]

 
                                        331492.............................  Zinc dust reclaiming facilities,
                                                                              recovering from scrap and/or
                                                                              alloying purchased metals.
Suppliers of Industrial Greenhouse      325120.............................  Industrial gas manufacturing
 Gases.                                                                       facilities.
Suppliers of Petroleum Products.......  324110.............................  Petroleum refineries.
Suppliers of Natural Gas and Natural    221210.............................  Natural gas distribution
 Gas Liquids.                                                                 facilities.
                                        211112.............................  Natural gas liquid extraction
                                                                              facilities.
Suppliers of Carbon Dioxide (CO2).....  325120.............................  Industrial gas manufacturing
                                                                              facilities.
----------------------------------------------------------------------------------------------------------------

    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. Other types of facilities than 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 the sections related to suppliers and direct 
emitters of GHGs. If you have questions regarding the applicability of 
this action to a particular facility, consult the person listed in the 
preceding FOR FURTHER GENERAL INFORMATION CONTACT Section.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

AF&PA American Forest & Paper Association
AR4 Fourth Assessment Report
BAMM best available monitoring methods
CAA Clean Air Act
CBI confidential business information
CBP U.S. Customs and Border Protection
CEMS continuous emissions monitoring system
CFC chlorofluorocarbon
CFR Code of Federal Regulations
CH4 methane
CO2 carbon dioxide
CO2e carbon dioxide equivalent
DOC degradable organic carbon
EAF electric arc furnace
e-GGRT Electronic Greenhouse Gas Reporting Tool
EF emission factor
EIA Energy Information Administration
EO Executive Order
EPA U.S. Environmental Protection Agency
[deg]F degrees Fahrenheit
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GWP global warming potential
HFC hydrofluorocarbon
HHV high heat value
IPCC Intergovernmental Panel on Climate Change
ISBN International Standard Book Number
F-GHG fluorinated greenhouse gas
F-HTF fluorinated heat transfer fluid
kg kilograms
LDC Local Distribution Company
Mscf thousand standard cubic feet
MSW municipal solid waste
N2O nitrous oxide
NAICS North American Industry Classification System
NCASI National Council for Air and Stream Improvement
NGL natural gas liquid
OMB Office of Management and Budget
ORIS Office of the Regulatory Information System
PFC perfluorocarbon
QA/QC quality assurance/quality control
RFA Regulatory Flexibility Act
SAR Second Assessment Report
SF6 sulfur hexafluoride
SNAP Significant New Alternative Policy
TAR Third Assessment Report
UNFCCC United Nations Framework Convention on Climate Change
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995

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

I. Background
    A. How is this preamble organized?
    B. Background on the Proposed Action
    C. Legal Authority
II. Technical Corrections and Other Amendments
    A. Subpart A--General Provisions
    B. Subpart C--General Stationary Fuel Combustion Sources
    C. Subpart H--Cement Production
    D. Subpart K--Ferroalloy Production
    E. Subpart L--Fluorinated Gas Production
    F. Subpart N--Glass Production
    G. Subpart O--HFC-22 Production and HFC-23 Destruction
    H. Subpart P--Hydrogen Production
    I. Subpart Q--Iron and Steel Production
    J. Subpart X--Petrochemical Production
    K. Subpart Y--Petroleum Refineries
    L. Subpart Z--Phosphoric Acid Production
    M. Subpart AA--Pulp and Paper Manufacturing
    N. Subpart BB--Silicon Carbide Production
    O. Subpart DD--Electrical Transmission and Distribution 
Equipment Use
    P. Subpart FF--Underground Coal Mines
    Q. Subpart HH--Municipal Solid Waste Landfills
    R. Subpart LL--Suppliers of Coal-based Liquid Fuels
    S. Subpart MM--Suppliers of Petroleum Products
    T. Subpart NN--Suppliers of Natural Gas and Natural Gas Liquids
    U. Subpart PP--Suppliers of Carbon Dioxide
    V. Subpart QQ--Importers and Exporters of Fluorinated Greenhouse 
Gases Contained in Pre-Charged Equipment or Closed-Cell Foams
    W. Subpart RR--Geologic Sequestration of Carbon Dioxide
    X. Subpart SS--Electrical Equipment Manufacture or Refurbishment
    Y. Subpart TT--Industrial Waste Landfills
    Z. Subpart UU--Injection of Carbon Dioxide
    AA. Other Technical Corrections
III. Schedule for the Proposed Amendments
    A. When would the proposed amendments become effective?
    B. Options Considered for Revision and Republication of 
Emissions Estimates for Prior Year Reports
IV. Confidentiality Determinations
    A. Overview and Background
    B. Approach to Proposed Confidentiality Determinations for New 
or Substantially Revised Data Elements
    C. Proposed Confidentiality Determinations for Individual Data 
Elements in Two Direct Emitter Data Categories and Two Supplier Data 
Categories
    D. Proposed New Inputs to Emission Equations
    E. Request for Comments on Proposed Category Assignments and 
Confidentiality Determinations
V. Impacts of the Proposed Rule
    A. Impacts of the Proposed Amendments to Global Warming 
Potentials
    B. Additional Impacts of the Proposed Technical Corrections and 
Other Amendments
VI. 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

[[Page 19806]]

    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

I. Background

A. How is this preamble organized?

    The first section of this preamble contains background information 
regarding the origin of the proposed amendments. This section also 
discusses EPA's legal authority under the Clean Air Act (CAA) to 
promulgate (including subsequent amendments to) 40 CFR part 98 of the 
Greenhouse Gas Reporting Rule (hereinafter referred to as ``Part 98''). 
Section II of this preamble is organized by Part 98 subpart and 
contains detailed information on the proposed revisions to the GHG 
Reporting Rule and the rationale for the proposed amendments. Section 
III of this preamble discusses the effective date of the proposed 
revisions for new and existing reporters and the options EPA is 
considering for revising and republishing emissions estimates for the 
reporting years 2010, 2011, and 2012. Section IV of this preamble 
discusses the proposed confidentiality determinations for new or 
substantially revised (i.e., requiring additional or different data to 
be reported) data reporting elements. Section V of this preamble 
discusses the impacts of the proposed amendments, primarily for current 
and new reporters of gases proposed to have revised or new global 
warming potentials (GWPs) listed in Part 98. Finally, Section VI of 
this preamble describes the statutory and executive order requirements 
applicable to this action.

B. Background on the Proposed Action

    Part 98 was 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. 
Subsequent notices were published in 2010 promulgating the requirements 
for subparts T, FF, II, and TT (75 FR 39736, July 12, 2010); subparts 
I, L, DD, QQ, and SS (75 FR 74774, December 1, 2010); and subparts RR 
and UU (75 FR 75060, December 1, 2010). A number of subparts have been 
revised since promulgation (75 FR 79092, December 17, 2010; 76 FR 
73866, November 29, 2011; 77 FR 10373, February 22, 2012; 77 FR 51477, 
August 24, 2012). The EPA is proposing to further revise Part 98. This 
proposed revision includes technical corrections, clarifying revisions, 
and additional amendments to Part 98.
    Changes proposed in this notice for certain source categories 
include, among other things, clarifying the data reporting requirements 
for certain facilities; correcting ambiguities or minor inconsistencies 
in greenhouse gas monitoring, calculation, and reporting requirements; 
amending monitoring and quality assurance methods to provide 
flexibility for certain facilities; and making other corrections 
identified as a result of working with the affected sources during rule 
implementation and outreach. In conjunction with this action, we are 
proposing confidentiality determinations for the new and substantially 
revised (i.e., requiring additional or different data to be reported) 
data elements under this proposed amendment.
    In the first two years of implementation of Part 98, the EPA 
responded to thousands of questions from reporters and engaged in a 
stakeholder and public testing process to help improve development of 
EPA's electronic reporting system. Through these extensive outreach 
efforts, the EPA has improved our understanding of the technical 
challenges and burden associated with implementation of Part 98 
provisions. The proposed changes would improve the Greenhouse Gas 
Reporting Program (GHGRP) by clarifying compliance obligations and 
reducing confusion for reporters, improving the consistency of the data 
collected, and ensuring that data collected through the GHGRP is 
representative of industry and comparable to other inventories.
    The EPA is also proposing amendments to Table A-1 to Subpart A, 
General Provisions, of Part 98 to revise the values for the GWP of some 
GHGs and adding some GHGs (with associated GWP values) that are not 
currently included in the table.\1\ The newly added GWP values are from 
the Intergovernmental Panel for Climate Change (IPCC) Fourth Assessment 
Report \2\ (AR4) and EPA assessments of data supporting GWP estimates 
for certain GHGs identified since promulgation. Data supporting the 
proposed GWP estimates include information provided by chemical 
manufacturers currently reporting under the GHGRP as well as published 
literature. The EPA is proposing these changes to ensure comparability 
of data collected in the GHGRP to the Inventory of U.S. Greenhouse Gas 
Emissions and Sinks (hereinafter referred to as ``Inventory'') that the 
EPA compiles annually to meet international commitments and to GHG 
inventories prepared by other countries; to reflect improved scientific 
understanding; and to promote consistency across the estimation methods 
used in the rule.
---------------------------------------------------------------------------

    \1\ The GWP, a metric that incorporates both the heat-trapping 
ability and atmospheric lifetime of each GHG, can be used to develop 
comparable numbers by adjusting all GHGs relative to the GWP of 
CO2. When quantities of the different GHGs are multiplied 
by their GWPs, the different GHGs can be compared on a 
CO2 basis. The GWP of CO2 is 1.0, and the GWP 
of other GHGs are expressed relative to CO2. IPCC GWP 
values are based on the effects of the greenhouse gases over a 100-
year time horizon. See 74 FR 16448, 53 (April 10, 2009).
    \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.
---------------------------------------------------------------------------

C. Legal Authority

    The EPA is proposing 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 proposed to be gathered by this rule because such data 
would inform and are relevant to the EPA's carrying out a wide variety 
of CAA provisions. 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 proposing confidentiality determinations 
for certain new or substantially revised data elements required under 
the proposed 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 obtain the information in Part 98. 
Section 114(c) requires that EPA make publicly available information 
obtained under section 114 except for information (excluding emission 
data) that qualify for confidential treatment. The Administrator has 
determined that this action (proposed amendments and confidentiality 
determinations) is subject to the provisions of section 307(d) of the 
CAA.

II. Technical Corrections and Other Amendments

    The EPA is proposing to revise Part 98 to introduce technical 
corrections, clarifying revisions, and other amendments to Part 98 to 
improve the

[[Page 19807]]

quality and consistency of the data collected by the EPA in response to 
feedback received from stakeholders during program implementation. The 
proposed amendments include the following types of changes:
     Revising GWPs for GHGs defined in Table A-1 of subpart A 
of Part 98 for consistency with the Inventory, and adding GWPs for 
fluorinated greenhouse gases (F-GHGs) used by Part 98 facilities that 
are not currently included in Table A-1 to reflect industry practices.
     Changes to clarify the applicability of calculation 
methods to certain sources at a facility.
     Corrections to terms and definitions in certain equations 
to provide clarity or better reflect actual operating conditions.
     Changes to correct typographical errors or cross 
references within and between subparts.
     Amending monitoring and quality assurance methods to 
provide flexibility for certain facilities.
     Corrections to data reporting requirements so that they 
more closely conform to the information used to perform emission 
calculations.
     Adding readily available data reporting requirements that 
would allow the EPA to verify the data submitted and assess the 
reasonableness of the data reported.
     Other amendments or corrections related to certain issues 
identified during rule implementation and outreach.
    Sections II.A through II.AA of this preamble describe the more 
substantive corrections, clarifying, and other amendments we are 
proposing for each subpart. The proposed amendments discussed in this 
preamble include: Changes that affect the applicability of a subpart, 
changes that affect the applicability of a calculation method to a 
specific source at a facility, changes or corrections to calculation 
methods that substantially revise the calculation method or output of 
the equation, revisions to data reporting requirements that would 
substantively clarify the reported data element or introduce a new data 
element, clarifications of general monitoring and quality assurance 
requirements, and new terms and definitions. To reduce the length of 
this preamble, we have summarized less substantive corrections for each 
subpart in the memorandum, ``Table of 2013 Revisions to the Greenhouse 
Gas Reporting Rule'' (hereafter referred to as the ``Table of 
Revisions'') available in the docket for this rulemaking (EPA-HQ-OAR-
2012-0934). The proposed changes discussed in the Table of Revisions 
are straightforward clarifications of requirements to better reflect 
the EPA's intent, simple corrections to calculation terms or cross-
references that do not affect the output of calculations, harmonizing 
changes within a subpart (such as changes to terminology), simple 
editorial and minor error corrections, or removal of redundant text. 
The Table of Revisions describes each proposed change within a subpart, 
including those itemized in this preamble, and provides the current 
rule text and the proposed correction. Where the proposed change is 
listed only in the Table of Revisions, the rationale for the proposed 
change is also listed there. You may comment on those proposed 
technical corrections, clarifying and other amendments identified in 
the Table of Revisions as well as any other part of this proposal.

A. Subpart A--General Provisions

1. Proposed Amendments to Subpart A--Global Warming Potentials
    In today's action, we are proposing to revise Table A-1 of subpart 
A of Part 98 (hereafter referred to as ``Table A-1'') by updating the 
GWP values of certain compounds and adding certain F-GHGs and their 
GWPs not previously included in Table A-1. These proposed changes 
relate to facilities and suppliers under Part 98 reporting the 
following greenhouse gases: methane (CH4), nitrous oxide 
(N2O), sulfur hexafluoride (SF6), 
hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and other F-
GHGs.\3\
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    \3\ Fluorinated greenhouse gases, as defined in 40 CFR 98.6, 
include sulfur hexafluoride, nitrogen trifluoride, and any 
fluorocarbon except for controlled substances as defined at 40 CFR 
part 82, subpart A and substances with vapor pressures of less than 
1 mm of Hg absolute at 25 degrees C.
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    The changes are being proposed for two reasons. First, we propose 
to revise GWPs for GHGs currently in Table A-1 to ensure continued 
consistency with the Inventory as the Inventory begins to use GWPs from 
the IPCC Fourth Assessment Report. Second, we propose to add GWPs for 
F-GHGs that are not currently included in Table A-1 but that are 
emitted in significant quantities or for which newly available data or 
literature supports the establishment of a GWP in Table A-1. The 
background and general rationale for these proposed amendments are 
discussed in Section II.A.1.a of this preamble. The proposed changes to 
the GWPs currently in Table A-1 and the GWP determinations for new 
proposed compounds in Table A-1 are discussed in Sections II.A.1.b and 
II.A.1.c of this preamble. The schedule for the proposed amendments is 
discussed in Section III.A of this preamble.
    The EPA is also considering options for revising and republishing 
emissions estimates for the reporting years 2010, 2011, and 2012 using 
the revised GWPs in Table A-1. The EPA is seeking comment on these 
options, which are discussed in Section III.B of this preamble. Because 
reporters affected by the GHG reporting rule use the GWPs in Table A-1 
to calculate annual GHG emissions (or GHGs supplied, as applicable), 
and, for source categories with a carbon dioxide equivalent 
(CO2e)-based threshold, to determine whether they are 
required to report, the proposed new and revised GWPs could change the 
number of reporters and the magnitude of emissions reported for some 
source categories. If these amendments are finalized, some facilities 
to which the rule did not previously apply may be required to report 
based on increases in calculated GHG quantities that affect 
applicability (see Section V of this preamble for additional 
information). These impacts and the potential compliance costs of the 
proposed amendments for affected subparts are discussed in Section V of 
this preamble.
a. Background and General Rationale for GWP Revisions
    U.S. GHG reporting programs and the IPCC Fourth Assessment Report. 
As a party to the United Nations Framework Convention on Climate Change 
(UNFCCC), the United States participates in ongoing negotiations with 
the international community to promote global cooperation on climate 
change. The UNFCCC treaty, ratified by the U.S. in 1992, sets an 
overall framework for intergovernmental efforts to address the 
challenges posed by climate change.\4\ As part of its commitment to the 
UNFCCC, the U.S. submits the Inventory of U.S. Greenhouse Gas Emissions 
and Sinks to the Secretariat of the UNFCCC as an annual reporting 
requirement.\5\ The Inventory is a comprehensive assessment of U.S. GHG 
emissions based on national-level data and is prepared by EPA's Office 
of Air and

[[Page 19808]]

Radiation in coordination with other federal agencies. To ensure 
consistency and comparability with national inventory data submitted by 
other UNFCCC Parties, the Inventory submitted to the UNFCCC uses 
internationally-accepted methods agreed upon by the Parties (including 
the United States) to develop and characterize emission estimates.
---------------------------------------------------------------------------

    \4\ See United Nations Framework Convention on Climate Change, 
1992. Available at: http://unfccc.int/resource/docs/convkp/conveng.pdf. For more information about the UNFCCC, please refer to: 
http://www.unfccc.int.
    \5\ See Articles 4 and 12 of the Convention on Climate Change. 
Parties to the Convention, by ratifying, ``shall develop, 
periodically update, publish and make available * * * national 
inventories of anthropogenic emissions by sources and removals by 
sinks of all greenhouse gases not controlled by the Montreal 
Protocol, using comparable methodologies * * *.''
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    As described in the preamble of the proposed GHG Reporting Rule (74 
FR 16448, April 10, 2009), the GHGRP is intended to supplement and 
complement existing U.S. government programs related to climate policy 
and research, including the Inventory submitted to the UNFCCC. The 
GHGRP provides data to develop and inform inventories and other U.S. 
climate programs by advancing the understanding of emission processes 
and monitoring methodologies for particular source categories or 
sectors. Specifically, the GHGRP complements the Inventory and other 
U.S. programs by providing data from individual facilities and 
suppliers above certain thresholds.
    Collected facility, unit, and process-level GHG data from the GHGRP 
will provide or confirm the national statistics and emission estimates 
presented in the Inventory, which are calculated using aggregated 
national data. The EPA has received encouragement from stakeholders to 
use GHG data from the GHGRP to complement the Inventory, such as from 
EPA's stakeholder workshop for natural gas systems.\6\
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    \6\ Stakeholder Workshop on the U.S. GHG Inventory for Natural 
Gas Systems. September 13-14, 2012, Washington, DC. See http://www.epa.gov/climatechange/ghgemissions/Sept2012stakeholderworkshop.html.
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    During the development of the GHG Reporting Rule, the EPA generally 
proposed and finalized estimation methodologies and reporting metrics 
that were based on recent scientific data and that were consistent with 
the international reporting standards under the UNFCCC. This approach 
allows the data collected under the GHGRP to be easily compared to the 
data in the Inventory and to data from other national and international 
programs. Specifically, the EPA generally promulgated GWP values 
published in the IPCC Second Assessment Report (hereinafter referred to 
as ``SAR GWP values'') to convert mass emissions (or supply) of each 
GHG into a common unit of measure, CO2e, for final 
reporting. At the time that Part 98 was finalized, in order to comply 
with international reporting standards under the UNFCCC, official 
emission estimates were to be reported by the United States and other 
parties using SAR GWP values. Although the IPCC published its Fourth 
Assessment Report (AR4) prior to publication of the final GHG reporting 
rule (74 FR 56260), the UNFCCC continued to require the use of SAR GWP 
values for reporting. For consistency and comparability of the data 
collected between the GHGRP and the Inventory, the EPA adopted the SAR 
GWP values in Table A-1 to subpart A of Part 98, with the exception of 
GWPs for certain F-GHGs adopted from the IPCC AR4.\7\
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    \7\ For certain F-GHGs that were not addressed by the SAR but 
were included in Part 98 (e.g., NF3), the EPA promulgated 
up-to-date GWPs from the IPCC AR4. (The one exception was 
sevoflurane, whose GWP was based on a study by Langbein et al. as 
explained in the February 6, 2009 Technical Support Document for 
Industrial Gas Supply: Production, Transformation, and Destruction 
of Fluorinated GHGs and N2O.) This approach was 
consistent with the GWP values used for F-GHGs in the Inventory 
prepared by the EPA as part of the U.S. commitment to the UNFCCC.
---------------------------------------------------------------------------

    The IPCC AR4 was published in 2007 and is among the most current 
and comprehensive peer-reviewed assessments of climate change. The AR4 
provides revised GWPs of several GHGs relative to the values provided 
in previous assessment reports, following advances in scientific 
knowledge on the radiative efficiencies and atmospheric lifetimes of 
these GHGs and of CO2. Because the GWPs provided in the AR4 
reflect an improved scientific understanding of the radiative effects 
of these gases in the atmosphere, the values provided are more 
appropriate for supporting the overall goal of the reporting program to 
collect GHG data than the SAR GWP values currently included in Table A-
1. While we recognize that GWPs reflecting further scientific advances 
may become available in the near future (e.g., the IPCC Fifth 
Assessment Report, currently in development), it is not now EPA's 
intent to revise the GWPs in Table A-1 each time new data are 
published. Rather, we understand that it is also important for 
stakeholders to have consistent, predictable requirements to avoid 
confusion and additional burden. As discussed below, we are not 
proposing to adopt GWP values from the Fifth Assessment Report because 
it is our intent to have the GHGRP complement the requirements of the 
Inventory.
    On March 15, 2012, the UNFCCC published a decision, reached by 
UNFCCC member parties, to require countries submitting an annual report 
in 2015 and beyond to use GWP values from the IPCC AR4 (hereinafter 
referred to as the ``AR4 GWP values'').\8\ Accordingly, the United 
States has a commitment to submit the Inventory for 2015 and future 
years using the revised AR4 GWP values. The Inventory for 2015 will 
contain national level estimates of emissions for each year from 1990-
2013. In order to ensure that the GHGRP continues to complement and 
inform the Inventory submitted to the UNFCCC and relies on recent 
scientific data, we are proposing to revise the GWP values in Table A-1 
of Part 98 to reflect the updated AR4 GWP values. The proposed changes 
would keep the reporting metrics in Part 98 consistent with the updated 
international reporting standards followed by the Inventory. 
Additionally, the proposed changes would allow for improved 
understanding of the radiative forcing from reported GHG emissions and 
supply, based on GWP values that are more up-to-date relative to the 
values currently provided in Table A-1. The proposed changes to Table 
A-1 would also ensure that the data collected in the GHGRP can be 
compared to other national and international inventories. These 
proposed changes are in keeping with the Agency's decision to use 
methods consistent with UNFCCC guidelines in the development of the 
October 30, 2009 GHG Reporting Rule.
---------------------------------------------------------------------------

    \8\ Please refer to http://unfccc.int/. See Decision 15/CP.17, 
Revision of the UNFCCC reporting guidelines on annual inventories 
for Parties included in Annex I to the Convention. Parties of the 
Convention ``* * * Decide[s] that, from 2015 until a further 
decision by the Conference of the Parties, the global warming 
potentials used by Parties to calculate the carbon dioxide 
equivalence of anthropogenic emissions by sources and removals by 
sinks of greenhouse gases shall be those listed in the column 
entitled ``Global warming potential for given time horizon'' in 
table 2.14 of the errata to the contribution of Working Group I to 
the Fourth Assessment Report of the Intergovernmental Panel on 
Climate Change * * *.''
---------------------------------------------------------------------------

    We recognize that some other EPA programs use the GWP values in 
Table A-1 to determine applicability of the program to direct emitters 
or suppliers above certain thresholds. For example, EPA's Greenhouse 
Gas Tailoring Rule (75 FR 31514; June 3, 2010) cross-references Table 
A-1 for calculating GHG emissions under the PSD and title V permitting 
programs. See, e.g., 40 CFR 52.21(b)(49)(ii)(a). Because the permitting 
applicability is based partly on CO2e emissions, which are 
calculated using the GWP values codified in Table A-1, an amendment to 
Table A-1 may affect program applicability for a source. As a result, a 
source that is assessing applicability under the PSD or title V 
permitting program should be aware of the

[[Page 19809]]

proposed changes to Table A-1 that may affect the CO2e 
emissions of the source once the Table A-1 amendment is promulgated and 
effective.\9\ To the extent that a Table A-1 amendment raises 
permitting implementation questions or concerns, EPA's regional offices 
and the Office of Air Quality Planning and Standards, which manage the 
PSD and title V programs, will work with permitting authorities and 
other stakeholders as necessary to provide guidance on their issues and 
concerns. While we are seeking comments on specific GWP values proposed 
in this action, we are not reopening for comment the decision made in 
the Tailoring Rule, or any other rules or programs, to reference Table 
A-1.
---------------------------------------------------------------------------

    \9\ This reliance of other EPA programs on Table A-1 promotes 
implementation consistency and avoids having to revise the other 
rules each time a GWP revision occurs. As noted in the Tailoring 
Rule preamble, ``[a]ny changes to Table A-1 of the mandatory GHG 
reporting rule regulatory text must go through an appropriate 
regulatory process. In this manner, the values used for the 
permitting programs will reflect the latest values adopted for usage 
by EPA after a regulatory process and will be consistent with those 
values used in the EPA's mandatory GHG reporting rule.'' (75 FR at 
31522; June 3, 2010).
---------------------------------------------------------------------------

    Use of the AR4 GWPs is also in keeping with other EPA programs. For 
example, the Agency decided to use these values in rules published 
jointly with the Department of Transportation, National Highway Traffic 
Safety Administration, the ``Light-Duty Vehicle Greenhouse Gas Emission 
Standards and Corporate Average Fuel Economy Standards'' (75 FR 25324, 
May 7, 2010).\10\
---------------------------------------------------------------------------

    \10\ While we are seeking comments on specific GWP values 
proposed in this action, we are not reopening for comment the 
decision made in the Light Duty Vehicle Rule, or any other rules or 
programs, to use AR4 GWPs.
---------------------------------------------------------------------------

    Section II.A.1.b of this preamble lists the changes we are 
proposing to incorporate as a result of the updated AR4 GWPs.
    Identification of GWPs in the scientific literature.
    During implementation of Part 98, the EPA has collected data on the 
range and volume of F-GHGs emitted and supplied in the U.S. market by 
various F-GHG producers, importers, exporters, and manufacturers using 
F-GHGs in their production processes (e.g., electronics manufacturing, 
magnesium production).\11\ The EPA reviewed available production and 
usage data for existing and newly synthesized gases and assessed 
available data substantiating the GWP calculation for gases for which a 
GWP value was not included in Table A-1 in the October 30, 2009 final 
rule. In this action, we are proposing to amend Table A-1 to add F-GHGs 
emitted or supplied by reporters under subparts I (Electronics 
Manufacturing), L (Fluorinated Gas Production), T (Magnesium 
Production), OO (Industrial GHG Suppliers), and QQ (Importers and 
Exporters of G-GHGs Contained in Pre-Charged Equipment and Closed-Cell 
Foams). Section II.A.1.c of this preamble lists the changes we are 
proposing to incorporate the additional F-GHGs into Table A-1.
---------------------------------------------------------------------------

    \11\ Fluorinated heat transfer fluids are defined as F-GHGs used 
for temperature control, device testing, cleaning substrate surfaces 
and other parts, and soldering in certain types of electronics 
manufacturing production processes. Under subpart I, the lower vapor 
pressure limit of 1 mm Hg in absolute at 25 [deg]C in the definition 
of fluorinated greenhouse gas in 40 CFR 98.6 does not apply.
---------------------------------------------------------------------------

    The EPA is proposing to amend Table A-1 to subpart A of Part 98 to 
add 26 F-GHGs for which we have identified a GWP based on an assessment 
of recent scientific literature. Table A-1 to subpart A is a compendium 
of GWP values of select GHGs that are required to be reported under one 
or more subparts of Part 98, and where the EPA has identified the GWP 
in the IPCC AR4 report or other sources. As acknowledged in the 
preamble to the final Part 98 (74 FR 56260, October 30, 2009), Table A-
1 is not a complete listing of current or potential compounds, but 
reflects only those GWPs for listed materials that had been 
synthesized, their atmospheric properties investigated, and the results 
published and reviewed prior to promulgation of the final rule. 
Currently, some Part 98 source categories provide calculation 
methodologies and reporting requirements for F-GHGs for which GWP 
values were not available in the IPCC SAR, TAR, AR4, or other 
scientific assessments at promulgation. As noted in the preamble to the 
final Part 98 (74 FR 56260), it is the EPA's intent to periodically 
update Table A-1 as GWPs are evaluated or re-evaluated by the 
scientific community.
b. Proposed Revisions From the IPCC Fourth Assessment Report
    The proposed amendments to Table A-1 would revise the GWPs for 23 
GHGs to reflect the 100-year GWP values adopted by the UNFCCC and 
published in the IPCC AR4. Table 2 of this preamble lists the GHGs 
whose GWP values we are proposing to revise, along with the GWP values 
currently listed in Table A-1 and the proposed revised GWP values from 
the IPCC AR4.

                             Table 2--GHGs With Proposed Revised GWPs for Table A-1
----------------------------------------------------------------------------------------------------------------
                                                                                  Current global     Proposed
                              Name                                    CAS No.         warming     global warming
                                                                                   potential \a\   potential \b\
----------------------------------------------------------------------------------------------------------------
Methane.........................................................         74-82-8              21              25
Nitrous oxide...................................................      10024-97-2             310             298
HFC-23..........................................................         75-46-7          11,700          14,800
HFC-32..........................................................         75-10-5             650             675
HFC-41..........................................................        593-53-3             150              92
HFC-125.........................................................        354-33-6           2,800           3,500
HFC-134.........................................................        359-35-3           1,000           1,100
HFC-134a........................................................        811-97-2           1,300           1,430
HFC-143.........................................................        430-66-0             300             353
HFC-143a........................................................        420-46-2           3,800           4,470
HFC-152a........................................................         75-37-6             140             124
HFC-227ea.......................................................        431-89-0           2,900           3,220
HFC-236fa.......................................................        690-39-1           6,300           9,810
HFC-245ca.......................................................        679-86-7             560             693
HFC-43-10mee....................................................     138495-42-8           1,300           1,640
Sulfur hexafluoride.............................................       2551-62-4          23,900          22,800
PFC-14 (Perfluoromethane).......................................         75-73-0           6,500           7,390
PFC-116 (Perfluoroethane).......................................         76-16-4           9,200          12,200
PFC-218 (Perfluoropropane)......................................         76-19-7           7,000           8,830

[[Page 19810]]

 
PFC-3-1-10 (Perfluorobutane)....................................        355-25-9           7,000           8,860
Perfluorocyclobutane............................................        115-25-3           8,700          10,300
PFC-4-1-12 (Perfluoropentane)...................................        678-26-2           7,500           9,160
PFC-5-1-14 (Perfluorohexane)....................................        355-42-0           7,400           9,300
----------------------------------------------------------------------------------------------------------------
\a\ From Table A-1 to subpart A of the October 30, 2009 GHG Reporting Rule.
\b\ From Table 2.14 of the errata to Working Group 1 of the IPCC AR4.

    We are proposing to adopt only GWP values based on a 100-year time 
horizon, although other time horizons are available in the IPCC AR4 
(e.g., 20-year or 500-year GWPs). As acknowledged in the April 10, 2009 
proposed GHG reporting rule (74 FR 16448), the parties to the UNFCCC 
agreed to use GWPs based upon a 100-year time horizon. Therefore, 100-
year GWPs are used as the metric in the Inventory. Because the proposed 
changes are intended to make the GHGRP reporting methods more 
consistent with the Inventory, we are not considering the use of GWPs 
based on other time horizons.
    As noted above, Table A-1 already includes AR4 GWPs for chemicals 
for which GWPs were not presented in the SAR (e.g., fluorinated 
ethers); the EPA is therefore proposing to retain the current GWPs for 
these chemicals (and for sevoflurane, which has not been included in 
any IPCC assessment but already is included in Table A-1). A complete 
listing of the current GWPs in Table A-1 to subpart A and the AR4 GWP 
values may be found in the memorandum, ``Assessment of Emissions and 
Cost Impacts of 2013 Revisions to the Greenhouse Gas Reporting Rule'' 
(hereafter referred to as ``Impacts Analysis'') (see Docket ID No. EPA-
HQ-OAR-2012-0934).
    For one set of chemicals, fluorinated ethers and alcohols, the EPA 
is seeking comment on adopting GWPs from an international scientific 
assessment published more recently than AR4, the WMO (World 
Meteorological Organization) Scientific Assessment of Ozone Depletion: 
2010 (Global Ozone Research and Monitoring Project-Report No. 52, 516 
pp., Geneva, Switzerland, 2011). Like the IPCC Assessment Reports, the 
WMO Scientific Assessments include regularly updated international 
reviews of the scientific findings on the lifetimes and impacts of 
trace gases in the atmosphere. While the primary focus of the WMO 
Scientific Assessments is depletion of stratospheric ozone, they have 
also included estimated GWPs for a number of fluorocarbons that do not 
deplete stratospheric ozone (many of which are substitutes for ozone-
depleting substances) since 1989.
    The current Table A-1 includes AR4 GWPs for several fluorinated 
ethers and alcohols, including several hydrofluoroethers (HFEs), which 
could be updated through the WMO Scientific Assessments. These 
fluorinated ethers and alcohols are not required to be included in 
national GHG inventories reported under the UNFCCC. In general, the 
compounds required to be reported under the GHGRP go beyond the minimum 
reporting requirements of the UNFCCC (e.g., NF3 or 
fluorinated heat transfer fluids). These compounds were included in 
Part 98 because they are long-lived in the atmosphere, have high GWPs, 
and, in many cases, are used in expanding industries or as substitutes 
for HFCs (see 74 FR 16464, April 10, 2009). Thus, adopting GWPs for 
these compounds from an international assessment that is more recent 
than the AR4 would not conflict with UNFCCC reporting.
    The 2010 WMO Scientific Assessment includes significant updates to 
the GWPs for several HFEs in commerce, reflecting improved 
understanding of the atmospheric lifetimes and radiative efficiencies 
of these chemicals. In a number of cases, estimated 100-year GWPs for 
HFEs have approximately doubled; in one, (for HFE-338mmz1), the 
estimated 100-year GWP rose by over a factor of six, from 380 to 2570. 
(The changes to the estimated GWPs of other fluorinated GHGs, such as 
the HFCs and PFCs, were far smaller.) To ensure consistency between the 
GHGRP and UNFCCC reporting, the EPA is not proposing to adopt GWPs from 
the 2010 WMO Scientific Assessment for chemicals other than fluorinated 
ethers and alcohols. However, the EPA requests comment on adopting GWPs 
from the 2010 WMO Scientific Assessment for a subset of chemicals, 
fluorinated ethers and alcohols, that are not reported under the 
Inventory.
    We are not proposing to include GWPs for ozone-depleting substances 
controlled by the Montreal Protocol \12\ and by Title VI of the CAA 
(e.g., chlorofluorocarbons, hydrochlorofluorocarbons, and halons) in 
Table A-1, although the IPCC AR4 includes updated GWPs for them. These 
controlled substances are specifically excluded from the definition of 
GHG, F-GHG, and F-HTF under Part 98 (and thus not required to be 
reported under Part 98), as these substances are already effectively 
reported under 40 CFR part 82. Furthermore, the reduction of these 
substances is controlled under the Montreal Protocol. The UNFCCC does 
not cover these substances or require reporting of these substances by 
UNFCCC parties,\13\ so collecting data on these substances is 
unnecessary to complement or supplement the Inventory.
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    \12\ The Montreal Protocol on Substances that Deplete the Ozone 
Layer is an international treaty that controls and phases out 
various ozone-depleting substances including chlorofluorocarbons, 
hydrochlorofluorocarbons and halons. These compounds are regulated 
in the U.S. under Title VI of the CAA. The UNFCCC does not cover 
these substances, and instead defers their treatment to the Montreal 
Protocol.
    \13\ Refer to: http://www.unfccc.int. See Article 4 of the 
Convention on Climate Change.
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c. Proposed Additional F-GHGs and GWPs for Table A-1
    We are proposing to include 26 new F-GHGs in Table A-1 of subpart A 
for which the EPA has identified scientific assessments of the GWPs. 
These F-GHGs were not included in AR4 for a variety of reasons.\14\ As 
discussed in Section II.A.1.a of this preamble, the F-GHGs we are 
proposing to include in Table A-1 are emitted or supplied by reporters 
under subparts I, L, T, OO, and QQ. Including GWP values in Table A-1 
for these compounds would ensure that their atmospheric impacts are 
accurately reflected in annual reports, threshold determinations, or 
other calculations, as appropriate for each subpart in Part 98. In 
general, those F-

[[Page 19811]]

GHGs whose GWPs are currently not listed in Table A-1 are not currently 
included in threshold calculations for applicability or in the 
CO2e totals reported by facilities and suppliers \15\ 
(although they are currently reported in metric tons of substance 
emitted or supplied (40 CFR 98.3(c)(4))). Where their GWPs are low, 
these compounds may have little effect on facility CO2e 
totals. However, where their GWPs are high, they may have a large 
effect on those totals.
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    \14\ In some cases, the F-GHGs had not been developed or had not 
become commercially important in time for inclusion in AR4; in 
others, the F-GHGs were known to have short atmospheric lifetimes 
and/or low GWPs.
    \15\ The one exception to this is F-GHGs reported under subpart 
L. Under a final rule published on August 24, 2012 (77 FR 51477), 
fluorinated gas producers are required for RY 2011 and RY 2012 to 
report total annual emissions in CO2e and to use either 
default or best-estimate GWPs for fluorinated GHGs that do not have 
GWPs listed in Table A-1.
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    In some cases, the proposed additions to Table A-1 would help to 
ensure that all Part 98 facilities emitting or supplying the identified 
F-GHGs would use consistent GWPs to calculate emissions of 
CO2e. For example, GWPs are used in 40 CFR 98.123(c)(1), a 
provision of subpart L of Part 98 (Fluorinated Gas Production), to 
determine the emission estimation method for continuous process 
vents.\16\ Under 40 CFR 98.123(c)(1)(v), subpart L reporters must use 
the GWPs in Table A-1 to convert F-GHG emissions to CO2e for 
a preliminary estimate of emissions. For F-GHGs whose GWPs are not 
listed in Table A-1, subpart L reporters must use a default GWP of 
2,000 unless they submit a request to use provisional GWPs for those F-
GHGs following the requirements of 40 CFR 98.123(c)(1)(vi) and the EPA 
approves the request. Provisional GWPs may be used only in the 
calculations in 40 CFR 98.123(c)(1) and only by the facilities for 
which they have been approved.\17\ Therefore, although the EPA may have 
reviewed and substantiated provisional GWP values for select F-GHGs for 
certain producers to use in determining the emission estimation method 
for continuous process vents under subpart L, the provisional GWPs may 
not be used by other Part 98 facilities. Including the proposed F-GHGs 
in Table A-1 would reduce burden for facilities that may otherwise be 
required to perform stack testing based on the default GWP (e.g., if 
the default GWP overstates the radiative efficiency of the F-GHG). 
Additionally, including these F-GHGs in Table A-1 would provide more 
accurate reporting than the use of the default GWPs under subpart L.
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    \16\ This is part of the provision of subpart L that allows 
facilities to request to use provisional GWPs to calculate a 
preliminary estimate of emissions from each process vent. If the 
preliminary estimate indicates that a vent emits 10,000 metric tons 
CO2e or more, the subpart L reporter is required to use 
stack testing to establish an emission factor for the continuous 
process vent. If the preliminary estimate indicates that the vent 
emits less than 10,000 metric tons CO2e, the subpart L 
reporter may use engineering calculations or assessments to develop 
an emission calculation factor.
    \17\ For reporting years 2011 and 2012, subpart L reporters may 
use a best estimate of the GWP meeting the data requirements for 
provisional GWPs in 40 CFR 98.123(c)(1)(vi)(A)(3) as part of their 
facility-wide reported emissions.
---------------------------------------------------------------------------

    The proposed F-GHGs include F-GHGs for which the EPA has previously 
reviewed scientific assessments from requests for provisional GWPs, F-
GHGs submitted by a fluorinated GHG producer with suggested GWPs and 
supporting data and analysis on August 21, 2012, and F-GHGs for which 
evaluations of the GWPs were performed by the EPA (e.g., as part of 
evaluations associated with EPA's Significant New Alternative Policy 
(SNAP) program), or published in peer-reviewed scientific journals. 
\18\ Specifically, the compounds we are proposing to add to Table A-1 
of subpart A include:
---------------------------------------------------------------------------

    \18\ The SNAP program is EPA's program to evaluate substitutes 
for the ozone-depleting substances that are being phased out under 
the stratospheric ozone protection provisions of the Clean Air Act 
(as implemented in 40 CFR part 82). As part of EPA's assessment of a 
substitute's overall risk to human health and the environment, the 
EPA reviews scientific assessments of the GWP and considers this, 
among other criteria, in evaluating a substitute.
---------------------------------------------------------------------------

     Seven compounds for which the EPA has approved provisional 
GWPs for purposes of the calculations in 40 CFR 98.123(c)(1). The EPA 
reviewed scientific assessments of the GWPs for these F-GHGs as 
provided with provisional GWP requests received from Honeywell 
International (``Honeywell'') and DuPont de Nemours, Inc. (``DuPont'') 
and published in the February 3, 2012 Notice of Data Availability (77 
FR 5514). The EPA approved provisional GWPs for one F-GHG for 
Honeywell, and for six F-GHGs for DuPont. The EPA finalized its 
determinations for these compounds on February 24, 2012 (see Docket ID 
No. EPA-HQ-OAR-2009-0927-0273). Based on EPA's review of the GWP 
estimation methods for these compounds, we are proposing to amend Table 
A-1 to include these seven gases.
     Four compounds submitted with provisional GWP requests for 
which the EPA did not approve provisional GWPs (including three F-GHGs 
for DuPont, and one F-GHG for Honeywell). The companies submitted 
scientific data supporting the GWPs of these four compounds, which was 
made available in the February 3, 2012 Notice of Data Availability (77 
FR 5514). (see Docket ID No. EPA-HQ-OAR-2009-0927-0256 for further 
discussion of the scientific assessments reviewed). The EPA did 
evaluate the GWPs of these F-GHGs, but not for the purposes of the 
calculations in 40 CFR 98.123(c) because the calculated emission rates 
of these chemicals, when using the default GWP, did not exceed the 
10,000 metric tons CO2e threshold and did not meet the 
conditions of 40 CFR 98.123(c)(1)(v). The fact that the EPA did not 
approve the GWPs for purposes of the calculations in 40 CFR 
98.123(c)(1) was not due to disagreement with the companies' suggested 
GWPs. Therefore, the EPA is also proposing to amend Table A-1 to 
include these four gases.
     Ten F-GHGs submitted by DuPont on August 21, 2012, with 
supporting data and analysis (see Table 3 of this preamble). We are 
proposing to include the ten compounds in Table A-1. For each compound, 
DuPont included peer-reviewed scientific data supporting the suggested 
GWP.
     Five F-GHGs which were identified from the EPA's review of 
industrial gases produced for or used in the electronics manufacturing, 
fluorinated gas production, magnesium production, electrical equipment 
manufacture or refurbishment, and industrial gas supplier source 
categories and for which scientific assessments or other documentation 
of the GWPs were identified through the EPA's SNAP Program or peer-
reviewed literature. These compounds are identified under the common 
names FK-5-1-12 (NovecTM 612), FK-6-1-12 (NovecTM 
774), trans-1-chloro-3,3,3-trifluoroprop-1-ene, PFC-6-1-12, and PFC-7-
1-18.
    Determination of proposed GWPs. To determine the proposed GWPs for 
each compound, the EPA reviewed the scientific literature for each 
compound and evaluated the accuracy of the estimation methods and 
assumptions used to derive the GWP.\19\ A detailed description of the 
EPA's analysis may be found in the memorandum, ``GWP

[[Page 19812]]

Determinations for Proposed Additional F-GHGs for Table A-1'', Docket 
ID No EPA-HQ-OAR-2012-0934. The proposed GWP for each of the 26 
compounds is included in Table 3 of this preamble; Table 3 also 
includes how each compound was identified for inclusion in Table A-1 of 
subpart A.
---------------------------------------------------------------------------

    \19\ The key component of the GWP calculation is the time-
integrated radiative forcing of a one-kg emission of the compound 
over a 100-year time horizon. The accuracy of the radiative forcing 
calculation depends on the accuracies of the infrared absorption 
spectrum and the atmospheric lifetime of the compound. The lifetime 
is affected by the compound's reaction rates through reaction with 
atmospheric oxidants (e.g., ozone or hydroxyl radicals) or through 
photolysis (destruction by light). These rates, as well as the 
radiative efficiency of the compound, depend on the distribution of 
the compound in the atmosphere with altitude, latitude and 
longitude. The factors affecting GWPs are discussed in more detail 
in Supporting Analysis for Mandatory Reporting Of Greenhouse Gases: 
Notice Of Preliminary Determinations Regarding Requests to Use 
Provisional Global Warming Potentials Under the Fluorinated Gas 
Production Category of the Greenhouse Gas Reporting Rule (January 
23, 2011), which is available in Docket EPA-HQ-OAR-2012-0934.

                                Table 3--Proposed F-GHGs With GWPs for Table A-1
----------------------------------------------------------------------------------------------------------------
                                                                                Proposed     Origin of compound
Chemical designation or common name      CAS No.         Chemical formula         GWP       and GWP assessments
----------------------------------------------------------------------------------------------------------------
HFC-1234ze(E)......................      29118-24-9  C3H2F4                             6  Approved as
                                                                                            provisional GWP for
                                                                                            Honeywell
                                                                                            International (see
                                                                                            EPA-HQ-OAR-2009-0927
                                                                                            -0273, February 24,
                                                                                            2012).
hexafluoropropylene (HFP)..........        116-15-4  C3F6                            0.25  Approved as
                                                                                            provisional GWP for
                                                                                            DuPont de Nemours
                                                                                            (see EPA-HQ-OAR-2009-
                                                                                            0927-0273, February
                                                                                            24, 2012).
perfluoromethyl vinyl ether (PMVE).       1187-93-5  CF(CF3)OCF3                        3  Approved as
                                                                                            provisional GWP for
                                                                                            DuPont de Nemours
                                                                                            (see EPA-HQ-OAR-2009-
                                                                                            0927-0273, February
                                                                                            24, 2012).
tetrafluoroethylene (TFE)..........        116-14-3  C2F4                            0.02  Approved as
                                                                                            provisional GWP for
                                                                                            DuPont de Nemours
                                                                                            (see EPA-HQ-OAR-2009-
                                                                                            0927-0273, February
                                                                                            24, 2012).
trifluoro propene (TFP)............        677-21-4  C3H3F3                             3  Approved as
                                                                                            provisional GWP for
                                                                                            DuPont de Nemours
                                                                                            (see EPA-HQ-OAR-2009-
                                                                                            0927-0273, February
                                                                                            24, 2012).
vinyl fluoride (VF)................         75-02-5  C2H3F                            0.7  Approved as
                                                                                            provisional GWP for
                                                                                            DuPont de Nemours
                                                                                            (see EPA-HQ-OAR-2009-
                                                                                            0927-0273, February
                                                                                            24, 2012).
vinylidine Fluoride (VF2)..........         75-38-7  C2H2F2                           0.9  Approved as
                                                                                            provisional GWP for
                                                                                            DuPont de Nemours
                                                                                            (see EPA-HQ-OAR-2009-
                                                                                            0927-0273, February
                                                                                            24, 2012).
carbonyl fluoride..................        353-50-4  COF2                               2  Submitted with
                                                                                            provisional GWP
                                                                                            request for DuPont
                                                                                            de Nemours, no
                                                                                            provisional GWP
                                                                                            approved (see EPA-HQ-
                                                                                            OAR-2009-0927-0273,
                                                                                            February 24, 2012).
perfluoropropyl vinyl ether........       1623-05-8  C5F10O                             3  Submitted with
                                                                                            provisional GWP
                                                                                            request for DuPont
                                                                                            de Nemours, no
                                                                                            provisional GWP
                                                                                            approved (see EPA-HQ-
                                                                                            OAR-2009-0927-0273,
                                                                                            February 24, 2012).
perfluoroethyl vinyl ether.........      10493-43-3  C4F8O                              3  Submitted with
                                                                                            provisional GWP
                                                                                            request for DuPont
                                                                                            de Nemours, no
                                                                                            provisional GWP
                                                                                            approved (see EPA-HQ-
                                                                                            OAR-2009-0927-0273,
                                                                                            February 24, 2012).
HFC-1234yf.........................        754-12-1  C3H2F4                             4  Submitted with
                                                                                            provisional GWP
                                                                                            request for
                                                                                            Honeywell
                                                                                            International, no
                                                                                            provisional GWP
                                                                                            approved (see EPA-HQ-
                                                                                            OAR-2009-0927-0273,
                                                                                            February 24, 2012).
perfluorethyl iodide (2-I).........        354-64-3  C2F5I                              3  Submitted in August
                                                                                            2012 by DuPont de
                                                                                            Nemours.
perfluorbutyl iodide (PFBI, 42-I)..        423-39-2  C4F9I                              3  Submitted in August
                                                                                            2012 by DuPont de
                                                                                            Nemours.
perfluorhexyl iodide (6-I).........        355-43-1  CF3CF2CF2CF2CF2CF2IC6F1            2  Submitted in August
                                                      3I                                    2012 by DuPont de
                                                                                            Nemours.
perfluoroctyl iodide (8-I).........        507-63-1  C8F17I                             2  Submitted in August
                                                                                            2012 by DuPont de
                                                                                            Nemours.
1,1,1,2,2-pentafluoro-4-iodo butane      40723-80-6  C4H4F5I                            2  Submitted in August
 (22-I).                                                                                    2012 by DuPont de
                                                                                            Nemours.
1,1,1,2,2,3,3,4,4-nonafluoro-6-iodo       2043-55-2  C6H4F9I                            2  Submitted in August
 hexane (42-I).                                                                             2012 by DuPont de
                                                                                            Nemours.
perfluorobutyl ethene (42-U).......      19430-93-4  C6H3F9                             2  Submitted in August
                                                                                            2012 by DuPont de
                                                                                            Nemours
perfluorohexyl ethene (62-U).......      25291-17-2  C8H3F13                            1  Submitted in August
                                                                                            2012 by DuPont de
                                                                                            Nemours.
perfluorooctyl ethene (82-U);......      21652-58-4  C10H3F17                           1  Submitted in August
                                                                                            2012 by DuPont de
                                                                                            Nemours.

[[Page 19813]]

 
1H,1H, 2H,2H-perfluorohexan-1-ol          2043-47-2  C6H5F9O                            5  Submitted in August
 (42-AL).                                                                                   2012 by DuPont de
                                                                                            Nemours.
FK-5-1-12; NovecTM 612; FK-5-1-            756-13-8  CF3CF2C(O)CF(CF3)2               1.8  Published under EPA's
 12myy2; n-Perfluorooctane;                                                                 SNAP Program (40 CFR
 Octanedecafluorooctane.                                                                    part 82) and
                                                                                            identified in
                                                                                            manufacturer's
                                                                                            literature.
FK-6-1-12/NovecTM 774, C7              813-44-5 and  C7F14O Chemical Blend              1  Published under EPA's
 Fluoroketone.                             813-45-6                                         SNAP Program (40 CFR
                                                                                            part 82).
trans-1-chloro-3,3,3-trifluoroprop-       2730-43-0  C3H2ClF3                           7  Published under EPA's
 1-ene.                                                                                     SNAP Program (40 CFR
                                                                                            part 82) and
                                                                                            identified in peer
                                                                                            reviewed literature.
PFC-6-1-16; Hexadecafluoroheptane..        335-57-9  C7F16                           7930  Identified in peer
                                                                                            reviewed literature.
PFC-7-1-18; Octadecafluorooctane...        307-34-6  C8F18                           8340  Identified in peer
                                                                                            reviewed literature.
----------------------------------------------------------------------------------------------------------------

    For the first 11 compounds in Table 3 (seven with approved 
provisional GWPs and the four without approved provisional GWPs), the 
EPA determined that the methods used to estimate the GWPs were likely 
to overestimate the GWPs by an order of magnitude or more (see Docket 
ID No. EPA-HQ-OAR-2009-0927-0256). These compounds are all relatively 
short-lived, and the analyses to determine the GWP for these compounds 
used the simplifying assumptions that the compounds are well-mixed in 
the atmosphere. In general, the assumption that short-lived compounds 
are well-mixed overestimates the radiative forcing of these gases and 
may affect estimates of the atmospheric lifetime. Because of this 
simplifying assumption, the proposed GWPs are likely to be 
overestimates. However, the EPA has determined that the proposed GWPs 
for these short-lived gases represent the most current, peer-reviewed, 
scientific knowledge of the radiative properties and lifetimes of these 
gases. For subpart L reporters, the proposed GWPs would provide a more 
accurate calculation of CO2e emissions than the default GWPs 
required under 40 CFR 98.123(a). Furthermore, because the GWP of each 
of these 11 F-GHGs is very low (i.e., between 0.02 and 6, as shown in 
Table 3 of this preamble), the EPA has determined that the proposed 
GWPs would not significantly overestimate source category emissions or 
supply and are acceptable for the purposes of calculating emissions 
under Part 98.
    For the ten F-GHGs submitted by DuPont on August 21, 2012, the 
radiative efficiency of each compound is derived using a constant 
mixing ratio of the compounds in the troposphere (i.e., the methods 
assume that the compounds are well-mixed). These compounds are all 
anticipated to be short-lived in the atmosphere. Therefore, the 
constant mixing ratio likely overestimates the share of these compounds 
that reside higher in the atmosphere and consequently overestimates the 
radiative efficiency (and GWP). For four of the 10 compounds, the 
approach used to calculate the atmospheric lifetimes likely 
underestimates the lifetimes of these compounds.\20\ However, the 
radiative efficiency calculation is likely to outweigh the 
underestimated lifetimes. The EPA reviewed recent research that 
suggests the approach used to determine the radiative efficiency for 
these compounds can result in overestimates of the 100-year GWP of 49 
to 233 percent (see ``GWP Determinations for Proposed Additional F-GHGs 
for Table A-1,'' Docket ID No EPA-HQ-OAR-2012-0934 for additional 
information on this analysis). The available estimates for these GWPs 
are likely upper bounds, because these are short-lived, low-GWP gases. 
We are proposing to include the GWPs for these ten F-GHGs in Table A-1 
of subpart A. Because the GWP of each F-GHG is very low (i.e., between 
1 and 5, as shown in Table 3), the EPA has determined that the proposed 
GWPs would not significantly overestimate source category emissions or 
supply and are acceptable for the purposes of calculating emissions 
under Part 98.
---------------------------------------------------------------------------

    \20\ The methods used assumed that these gases were well-mixed; 
this underestimates the concentration of O3 and 
overestimates the concentration of OH to which the compound is 
actually exposed. The overestimate of the OH concentration has a 
greater effect on the reaction rate and estimated lifetime of the 
compound.
---------------------------------------------------------------------------

    For the five F-GHGs identified through scientific assessments 
published through EPA's SNAP program or in peer-reviewed literature, 
the EPA evaluated the estimation methods used to determine the GWP for 
each compound. The EPA's determination for each compound (identified by 
common name) and the proposed GWPs are as follows:
     FK-5-1-12 (NovecTM 612, NovecTM 
1230). FK-5-1-12 is a fluorinated ketone; it is known under the trade 
name NovecTM 612 when used as a magnesium cover gas and as 
NovecTM 1230 when used as a fire suppression agent. Product 
information provided by the manufacturer provides a GWP estimate of 1 
for a 100-year integration using IPCC 2007 calculation methods.\21\ An 
analysis of the GWP of FK-5-1-12 was also performed through EPA's SNAP 
Program.\22\ The SNAP analysis considered two scientific reports that 
provided estimates of atmospheric lifetime and radiative efficiency, 
and determined that the total GWP of FK-5-1-12 (integrated over a 100-
year time horizon and calculated using the IPCC approach) would likely 
have a value between 0.6 and 1.8. The total GWP comprises a direct 
value of less than 1 but greater than zero plus an indirect GWP of 0.56 
to 0.84, based on 4 to 6 carbons available for conversion to 
CO2. The EPA is conservatively proposing a GWP of 1.8. For 
the upper-bound value, the methods used to evaluate the radiative 
efficiency for FK-5-1-12 assumed a constant mixing ratio for the 
compound, which likely overestimated the radiative efficiency and the 
GWP. Because the proposed GWP of the compound is so low, we do not 
anticipate that the proposed value would result in substantial over-
reporting for the magnesium production source category.
---------------------------------------------------------------------------

    \21\ 3M Company. ``3MTM NovecTM 1230 Fire 
Protection Fluid.'' 2009. Available online at: http://multimedia.3m.com/mws/mediawebserver?mwsId=66666UF6EVsSyXTtlXfyn8TEEVtQEVs6EVs6EVs6E666666-&fn=prodinfo_novec1230.pdf.
    \22\ See Docket ID No. EPA-HQ-OAR-2012-0934.
---------------------------------------------------------------------------

     FK-6-1-12 (NovecTM 774, C7 Fluoroketone). The 
compound FK-6-1-12 (also produced under the trade name 
NovecTM 774), is a blend of two isomers: 3-
pentanone,1,1,1,2,4,5,5,5-octafluoro-2,4-bis(trifluoromethyl) and 3-

[[Page 19814]]

hexanone,1,1,1,2,4,4,5,5,6,6,6-undecafluoro-2-(trifluoromethyl). The 
GWP of FK-6-1-12 was previously evaluated and published under EPA's 
SNAP Program.\23\ The SNAP analysis provided a 100-year integrated GWP 
of approximately 1, therefore, we are proposing to include a GWP value 
of 1 in Table A-1. The compound also has a chemical structure similar 
to that of FK-5-1-12, therefore, we anticipate a similar lifetime and 
GWP for these compounds.
---------------------------------------------------------------------------

    \23\ See ``Protection of Stratospheric Ozone: Determination 27 
for Significant New Alternatives Policy Program,'' Docket ID No. 
EPA-HQ-OAR-2012-0934.
---------------------------------------------------------------------------

     trans-1-chloro-3,3,3-trifluoroprop-1-ene. The compound 
trans-1-chloro-3,3,3-trifluoroprop-1-ene (trade name Solstice\TM\ 
1233zd(E)) is a polyurethane foam blowing agent useful in applications 
such as thermal insulation in appliances and residential and commercial 
buildings. An analysis of the GWP of trans-1-chloro-3,3,3-
trifluoroprop-1-ene was previously performed through EPA's SNAP 
Program.\24\ As part of the SNAP analysis, the EPA considered two 
studies, Anderson et al. (2008) \25\ and Wang et al. (2011),\26\ and 
established a GWP of between 4.7 and 7 and an atmospheric lifetime of 
approximately 26 to 31 days. In its evaluation, the EPA has given 
weight to the peer-reviewed analysis by Anderson et al. (2008), which 
calculates a GWP of 7. We are also considering research by Wang et al. 
(In draft) \27\ which calculates a lifetime of 30.5 days and estimates 
a GWP of 4.7. The model used by Wang et al. accounts for the shorter 
lifetime and reduced mixing of the trans-1-chloro-3,3,3-trifluoroprop-
1-ene compound, and may provide a more accurate estimate of the GWP. 
Although the latter two of the studies cited (from the same author) 
give a GWP of 4.7, the EPA has determined that it is more appropriate 
to use the GWP from the first study, as it comes from a peer-reviewed 
journal article. Also, consistent with the reasoning for choosing 
possibly upper-bound GWPs for other chemicals in Table 3 of this 
preamble, the EPA has concluded that using the GWP of 7 rather than 4.7 
would not significantly overestimate source category emissions or 
supply and is acceptable for the purposes of calculating emissions 
under Part 98.
---------------------------------------------------------------------------

    \24\ See ``Protection of Stratospheric Ozone: Determination 27 
for Significant New Alternatives Policy Program,'' Docket ID No. 
EPA-HQ-OAR-2012-0934.
    \25\ Andersen, M.P.S., E.J.K. Nilsson, O.J. Nielsen, M.S. 
Johnson, M.D. Hurley, and T.J. Wallington. 2008. Atmospheric 
chemistry of trans-CF3CH CHCl: Kinetics of the gas-phase reactions 
with Cl atoms, OH radicals, and O3. J. Photochem. Photobiol. A: 
Chemistry 199: 92-97.
    \26\ Wang D., Olsen S., Wuebbles D. 2011. ``Preliminary Report: 
Analyses of tCFP's Potential Impact on Atmospheric Ozone.'' 
Department of Atmospheric Sciences. University of Illinois, Urbana, 
IL. September 26, 2011.
    \27\ Wang, D., Wuebbles, D.J., Patten, K.O., and Olsen, S.C. In 
draft. Climate advantages of proposed short-lived compounds as 
replacements for longer-lived HCFCs and HFCs. Department of 
Atmospheric Sciences, University of Illinois at Urbana-Champaign, 
Urbana, Illinois. Draft report, undated.
---------------------------------------------------------------------------

     PFC 6-1-16 and PFC 7-1-18. The perfluorocarbons (PFCs) 
C7F16 and C8F18 are used as 
heat transfer fluids and in vapor phase reflow soldering in the 
electronics manufacturing industry. There are no previous estimates of 
the GWPs for these gases. Ivy et al. (2012) \28\ have recently provided 
emission estimates and measured infrared spectra of these PFCs to 
estimate the GWPs. These compounds have an estimated atmospheric 
lifetime of 3,000 years and are expected to be well-mixed in the 
atmosphere. Because the expected lifetimes of these PFCs are much 
longer than the 100-year time horizon used to calculate the GWP, they 
are relatively insensitive to the estimated lifetime. Furthermore, the 
methods and assumptions used by Ivy et al. (2012) are generally 
considered reliable for long-lived gases. Therefore, we are proposing 
the GWPs for these two compounds as presented by Ivy et al., as listed 
in Table 3 of this preamble.
---------------------------------------------------------------------------

    \28\ Ivy, D.J., M. Rigby, M. Baasandorj, J. B. Burkholder, and 
R. G. Prinn. 2012. Global emission estimates and radiative impact of 
C4F10, C5F12, C6F14, C7F16 and C8F18. Atmos. Chem. Phys., 12: 7635-
7645. DOI:10.5194/acp-12-7635-2012.
---------------------------------------------------------------------------

    A complete analysis of each of these compounds and the proposed 
GWPs are included in the memorandum, ``GWP Determinations for Proposed 
Additional F-GHGs for Table A-1,'' Docket ID No. EPA-HQ-OAR-2012-0934.
    Request for additional information. The GWPs we are proposing in 
Table A-1 are based on the data available to the EPA at the time of 
this proposed rulemaking. We specifically solicit comment on the 
proposed GWPs for the 26 compounds we are proposing in Table A-1, 
including submittal of additional data or analyses that may support 
more accurate estimates of the GWP or that support the GWP estimation 
methods that are currently provided.
    For commenters providing new estimates of GWPs for the proposed 
compounds for inclusion in Table A-1, we request that the commenter 
submit the following types of scientific data and analyses to support 
the estimated GWP:
    (1) Data and analysis related to the low-pressure gas phase 
infrared absorption spectrum of the compound;
    (2) Data and analysis related to reaction mechanisms and rates such 
as photolysis and reaction with atmospheric components such as hydroxyl 
radicals (OH), ozone (O3), carbon monoxide (CO), and water;
    (3) Radiative transfer analyses that integrate the lifetime and 
infrared absorption spectrum data to calculate the GWP; or,
    (4) Published or unpublished studies of the GWP of the compound.
    The EPA intends to review and consider additional information 
submitted during the public comment period to assess the proposed GWPs 
and consider other accurate estimates of the GWP for each compound. We 
anticipate requesting comment on additional compounds in a separate 
action.
2. Other Technical Corrections and Proposed Amendments to Subpart A
    In addition to the proposed amendments to global warming potentials 
in Table A-1, we are also proposing corrections and other 
clarifications to certain provisions of subpart A of Part 98. The more 
substantive corrections, clarifying, and other amendments to subpart A 
are found here. Additional minor corrections are discussed in the Table 
of Revisions to this rulemaking (see Docket ID No. EPA-HQ-OAR-2012-
0934).
    The EPA is proposing to revise the reporting requirements of 40 CFR 
98.3(c)(1). Section 98.3(c)(1) requires reporting of the physical 
address of the facility where the emissions occur (not the parent 
company address). Some facilities do not have a physical street address 
assigned to them and their mailing address is not co-located with their 
facility operations. In order to more accurately report the physical 
location of these facilities, the EPA is proposing that those without a 
physical address at their operations site provide latitude and 
longitude coordinates instead. This proposed addition is not intended 
as an option for any facility whose physical address coincides with 
their facility operations. It also is not intended for use by suppliers 
and importers and/or exporters covered by Part 98, or facilities 
reporting under subpart W in the natural gas distribution (40 CFR 
98.230(a)(8)) or onshore petroleum and natural gas production (40 CFR 
98.230(a)(2)) industry segments.
    We are proposing to add a requirement to 40 CFR 98.3(c)(13) for all 
facilities with a power generating unit to report the facility Office 
of the Regulatory Information System (ORIS)

[[Page 19815]]

code for each power generation unit. The proposed amendment would 
facilitate the verification of emissions information received by the 
EPA. The EPA is also proposing to add the following definition for ORIS 
code in 40 CFR 98.6 for clarity, ``ORIS Code'' means the unique 
identifier assigned to each power plant in the National Electric Energy 
Data System (NEEDS). The ORIS code is a four digit number assigned by 
the Energy Information Administration (EIA) at the U.S. Department of 
Energy to power plants owned by utilities.''
    We are proposing to add a provision to 40 CFR 98.3(c)(11) to 
include instructions for the reporting of a United States parent 
company legal name and address. The proposed amendment would specify 
that a facility or supplier must use the reporting instructions found 
in e-GGRT when reporting a parent company. The proposed amendment would 
facilitate verification of the emissions reported by allowing the EPA 
to provide a common naming convention through e-GGRT that would be used 
to easily identify parent companies and to accurately attribute GHG 
emissions to the correct parent companies. Instructions regarding 
reporting of parent company name and address have been posted to the 
docket for this action (See docket ID no. EPA-HQ-OAR-2012-0934).
    Additionally, we are proposing to amend 40 CFR 98.3(h)(4) to 
clarify the provisions for requesting an extension of the 45-day period 
for submission of revised reports in 40 CFR 98.3(h)(1) and (2). 
Specifically, we are clarifying the timing requirements for approval or 
denial of the automatic 30-day extension and any subsequent extensions 
provided in 40 CFR 98.3(h)(4). The proposed amendments would require 
reporters to submit a request for any additional extension beyond the 
30-day automatic extension at least 5 business days prior to the 
expiration of the initial 30-day extension. If the request demonstrates 
that it is not practicable to submit the data or information needed to 
resolve a potential reporting error following the 30-day automatic 
extension, the Administrator may approve an additional extension 
request. The proposed amendment would provide a reasonable timeline for 
reporters to submit extension requests and for the EPA's collection and 
verification of reported data.
    We are proposing to add a definition of fluidized bed combustor 
(FBC) to 40 CFR 98.6. The definition is necessary to be consistent with 
the proposed addition of FBC-specific N2O emission factors 
for coal, waste anthracite (culm), and waste bituminous (gob) to Table 
C-2.
    Finally, we are proposing revisions to the definitions of three 
terms in subpart A: degasification system, ventilation well or shaft, 
and ventilation system. These terms are used only in subpart FF, 
Underground Coal Mines, and are proposed to be revised to more closely 
align with common terminology used in the coal mining industry.

B. Subpart C--General Stationary Fuel Combustion Sources

    We are proposing revisions to the requirements of 40 CFR part 98, 
subpart C (General Stationary Fuel Combustion Sources) to clarify the 
use of the Tier methodologies and to update high heat value (HHV) and 
emission factors. The more substantive corrections, clarifying, and 
other amendments to subpart C are found here. Additional minor 
corrections are discussed in the Table of Revisions to this rulemaking 
(see Docket ID No. EPA-HQ-OAR-2012-0934).
    First, we are proposing to amend 40 CFR 98.33(b)(1) to expand the 
use of the Tier 1 methodology in one situation that currently requires 
the use of the Tier 3 methodology. Generally, subpart C requires the 
use of the Tier 3 methodology for combustion units that are greater 
than 250 million Btus per hour for all fuels listed in Table C-1, and, 
for fuels not listed in Table C-1 if the fuel provides 10 percent or 
more of the annual heat input to the unit. To reduce the monitoring 
burden of determining carbon content of Table C-1 fuels that are used 
in relatively small amounts annually, we are proposing a change to 40 
CFR 98.33(b)(1) that will allow the Tier 1 methodology to be used for 
Table C-1 fuels that are combusted in a unit with a maximum rated heat 
input capacity greater than 250 million Btus per hour, if the fuel 
provides less than 10 percent of the annual heat input to the unit.
    We are proposing changes to Table C-1 to update the HHV and 
emission factors for several fuels and to add emission factors for culm 
and gob. The EPA received a number of comments and questions through 
the GHGRP Help Desk with suggestions for improvements to these factors. 
We researched these factors to ensure the most scientifically valid 
values were reflected. An analysis of the proposed changes to Table C-1 
as a result of this research can be found in the memorandum ``Review 
and Evaluation of 40 CFR Part 98 CO2 Emission Factors for 
EPW07072 TO 45,'' available in Docket ID No. EPA-HQ-OAR-2012-0934.
    In response to a Petition for Rulemaking (``Sierra Club 
Petition''),\29\ the EPA evaluated establishing separate (from the 
parent coal) CO2 emission factors for culm and gob in Table 
C-1. The EPA is proposing the addition of culm and gob to Table C-1. 
These separate entries have been added to clarify that the Table C-1 
CO2 emission factors for anthracite coal and bituminous coal 
should be used for culm and gob, respectively. Because the heating 
value of culm or gob is variable and quite different from the parent 
anthracite or bituminous coals, the EPA is proposing that the default 
heating values in Table C-1 for anthracite and bituminous may not be 
used for culm and gob. The changes to Table C-1 specify that the HHV 
for culm or gob must be measured according to the Tier 2 Methodology. 
Our analysis and development of emission factors can be found in the 
memorandum ``Emission Factor Updates for Fluidized Bed Boilers and 
Other Revisions to Tables C-1 and C-2 of 40 CFR Part 98--Summary'' 
available in Docket Id. No. EPA-HQ-OAR-2012-0934. Because the Tier 1 
Methodology allows the use of default HHVs from Table C-1, we

[[Page 19816]]

propose revising 40 CFR 98.33(b)(1) to prohibit use of the Tier 1 
Methodology when estimating the emissions from combustion of culm or 
gob. With these revisions and those proposed with respect to fluidized 
bed combustors in this Section II.B., infra, we believe that we have 
fully addressed the Petition for Rulemaking.
---------------------------------------------------------------------------

    \29\ Letter from Craig Holt Segall, Sierra Club Environmental 
Law Program, on behalf of the Sierra Club, Center for Biological 
Diversity, Clean Air Task Force, Clean Wisconsin, the Kentucky 
Environmental Foundation, the Minnesota Center for Environmental 
Advocacy, and the Natural Resources Defense Council to Lisa Jackson, 
U.S. EPA. Petition for Rulemaking To Correct Emission Factors in the 
Mandatory Greenhouse Gas Reporting Rule. October 28, 2010.
---------------------------------------------------------------------------

    Table 4 of this preamble shows a summary of the proposed Table C-1 
revisions, and major changes are explained below.

   Table 4--Proposed Changes to Table C-1 to Subpart C--Default CO2 Emission Factors and High Heat Values for
                                              Various Types of Fuel
----------------------------------------------------------------------------------------------------------------
                                              Current values                          Proposed values
----------------------------------------------------------------------------------------------------------------
            Fuel type              Default high heat      Default CO2
---------------------------------        value          emission factor    Default high heat      Default CO2
                                 ----------------------------------------        value          emission factor
          Coal and coke             mmBtu/short ton      kg CO2/mmBtu
----------------------------------------------------------------------------------------------------------------
Anthracite......................  25.09.............  103.54............  No change.........  103.69
Waste Anthracite (Culm).........  ..................  ..................  See footnote 1....  103.69
Bituminous......................  24.93.............  93.40.............  No change.........  93.28
Waste Bituminous (Gob)..........  ..................  ..................  See footnote 1....  93.28
Subbituminous...................  17.25.............  97.02.............  No change.........  97.17
Lignite.........................  14.21.............  96.36.............  No change.........  97.72
Coal Coke [Fuel type changed      24.80.............  102.04............  No change.........  113.67
 from ``coke''].
Mixed (Commercial sector).......  21.39.............  95.26.............  No change.........  94.27
Mixed (Industrial coking).......  26.28.............  93.65.............  No change.........  93.90
Mixed (Industrial sector).......  22.35.............  93.91.............  No change.........  94.67
Mixed (Electric Power sector)...  19.73.............  94.38.............  No change.........  95.52
----------------------------------------------------------------------------------------------------------------
           Natural gas                 mmBtu/scf         kg CO2/mmBtu     ..................  ..................
----------------------------------------------------------------------------------------------------------------
(Weighted U.S. Average).........  1.028 x 10-3......  53.02.............  1.026 x 10-3......  53.06
       Petroleum products         mmBtu/gallon......  kg CO2/mmBtu......  ..................  ..................
----------------------------------------------------------------------------------------------------------------
Used Oil........................  0.135.............  74.00.............  0.138.............  No change
Liquefied petroleum gases (LPG).  0.092.............  62.98.............  No change.........  61.71
Propane.........................  0.091.............  61.46.............  No change.........  62.87
Propylene.......................  0.091.............  65.95.............  No change.........  67.77
Ethane..........................  0.069.............  62.64.............  0.068.............  59.60
Ethylene........................  0.100.............  67.43.............  0.058.............  65.96
Isobutane.......................  0.097.............  64.91.............  0.099.............  64.94
Isobutylene.....................  0.103.............  67.74.............  No change.........  68.86
Butane..........................  0.101.............  65.15.............  0.103.............  64.77
Butylene........................  0.103.............  67.73.............  0.105.............  68.72
Natural Gasoline................  0.110.............  66.83.............  No change.........  66.88
Petrochemical Feedstocks........  0.129.............  70.97.............  0.125.............  71.02
Unfinished Oils.................  0.139.............  74.49.............  No change.........  74.54
Heavy Gas Oils..................  0.148.............  74.92.............  No change.........  No change
Crude Oil.......................  0.138.............  74.49.............  No change.........  74.54
----------------------------------------------------------------------------------------------------------------
Other fuels-solid...............    mmBtu/short ton      kg CO2/mmBtu     ..................  ..................
----------------------------------------------------------------------------------------------------------------
Tires...........................  26.87.............  85.97.............  28.00.............  No change
----------------------------------------------------------------------------------------------------------------
      Biomass fuels--solid          mmBtu/short ton      kg CO2/mmBtu     ..................  ..................
----------------------------------------------------------------------------------------------------------------
Wood and Wood Residuals(dry       15.38.............  93.80.............  17.48.............  No change
 basis) [Fuel Type description
 changed from Wood and Wood
 Residuals].
Solid Byproducts................  25.83.............  105.51............  10.39.............  No change
----------------------------------------------------------------------------------------------------------------
     Biomass fuels--gaseous            mmBtu/scf         kg CO2/mmBtu     ..................
----------------------------------------------------------------------------------------------------------------
Landfill Gas [Fuel type           0.841 x 10-3......  52.07.............  0.485 x 10-3......  No change
 description changed from Biogas
 (captured methane).
Other Biomass Gases [New Fuel     ..................  ..................  0.655 x 10-3......  52.07
 type added].
----------------------------------------------------------------------------------------------------------------
      Biomass Fuels--Liquid          mmBtu/gallon        kg CO2/mmBtu     ..................  ..................
----------------------------------------------------------------------------------------------------------------
Biodiesel.......................  0.128.............  73.84.............  Deleted Duplicate.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Note: ``No change'' indicates no changes to the current value. Additional footnotes have been added to the
  table.


[[Page 19817]]

    The changes include a change to the HHV for wood and wood 
residuals. The HHV in Table C-1 for Wood and Wood Residuals is a wet 
basis value that assumes a moisture content of 12 percent. GHGRP 
reporters have indicated that they use wood fuel with highly variable 
moisture content, and so the existing factor results in calculation 
inaccuracies of CO2 emissions from burning this fuel. These 
reporters have requested that the EPA provide HHVs for a range of 
moisture contents for wood fuel. In order to address this issue, we are 
proposing an addition to Table C-1 for ``Wood and Wood Residuals on a 
dry basis,'' with a footnote containing an equation that can be used to 
adjust the value for any moisture content. Reporters can then calculate 
a HHV for use in Equation C-1 using the moisture content of their 
facility specific fuel. We are also proposing a change to Table C-1 
that replaces the one HHV for ``Biogas (captured methane)'' with values 
for two types of biogas: ``Landfill Gas'' and ``Other Biomass Gases.'' 
The CH4 content of landfill gas (approximately 50 percent) 
is typically lower than the CH4 concentration in digester 
gas (approximately 65 percent), and the proposed emission factors 
reflect these concentration values.
    Revisions are proposed to the HHV and emission factors for the 
individual components of liquid petroleum gases (LPG) including 
propane, propylene, ethane, ethylene, isobutane, isobutylene, butane, 
and butylene. Since the HHV for these LPGs are presented on the basis 
of million Btu per gallon, and these compounds are gases under standard 
conditions, the heating value must be presented using a stated 
temperature and pressure. For all LPG except ethylene, we are proposing 
estimates of HHV at 60 degrees Fahrenheit ([deg]F) and saturation 
pressure. For ethylene, since it cannot be liquefied above 48.6[deg]F, 
we have selected a value for HHV that is determined at 41[deg]F 
(slightly under the critical temperature) and the corresponding 
saturation pressure. The emission factors for these compounds have also 
been updated using the proposed HHV and the fraction of carbon 
contained in the compound.
    We are proposing a correction to the emission factor for coke 
because it appears that the emission factor currently in Table C-1 was 
inadvertently listed as the emission factor for petroleum coke. We have 
also changed the name in Table C-1 to ``coal coke'' to differentiate 
this substance from ``petroleum coke,'' which has a different HHV and 
EF. We are also proposing updated emission factors for the four types 
of coal and the four listed factors for mixed coals based on the most 
recent version of the factors used in the Inventory.
    The HHV for the biomass fuel ``solid byproducts'' would be revised 
to reflect the average of the solid byproducts consumed by the 
facilities that reported HHV in the 1999 survey conducted by the Energy 
Information Administration. The proposed value is presented on a wet 
basis, and is more consistent with other biomass fuels. Based on our 
research, we are also proposing minor changes to the HHV and/or 
emission factors for the following substances: natural gas, used oil, 
petrochemical feedstocks, and tires. Other proposed changes to Table C-
1 include updates to emission factors and HHV based on our latest 
research and to standardize conversion factors. These corrections are 
discussed in the memorandum ``Review and Evaluation of 40 CFR Part 98 
CO2 Emission Factors for EPW07072 TO 45'' (see Docket ID No. 
EPA-HQ-OAR-2012-0934).
    We are also proposing to revise 40 CFR 98.33(e)(3)(iv). The method 
in 40 CFR 98.33(e)(3)(iv) for calculating biogenic CO2 
emissions from municipal solid waste (MSW) combustion requires the use 
of a default factor for the biogenic share of CO2. We are 
proposing a change to the default factor used to determine the annual 
biogenic CO2 emissions from MSW from 0.6 to 0.55 to reflect 
trends in waste composition. The complete analysis of this change can 
be found in the memorandum ``Review and Evaluation of 40 CFR Part 98 
CO2 Emission Factors for EPW07072 TO 45,'' available in 
Docket ID No. EPA-HQ-OAR-2012-0934.
    The EPA received a Petition for Reconsideration and Rulemaking from 
the American Forest & Paper Association (AF&PA) and the American Wood 
Council (AWC) on November 16, 2012 (hereafter referred to as ``AF&PA 
Petition'').\30\ The AF&PA Petition included a recent study containing 
new methane (CH4) and nitrous oxide (N2O) 
emissions test data in support of a request that EPA revise the 
CH4 and N2O emission factors in Subparts AA and C 
for combustion of spent pulping liquor and wood residuals. The EPA 
reviewed the basis for the current emission factors, integrated the 
emissions test data provided by Petitioners with previously available 
data, and is proposing to update the spent pulping liquor and wood 
residual combustion emission factors in subparts AA and C, 
respectively.
---------------------------------------------------------------------------

    \30\ Letter from Paul Noe, American Forest & Paper Association, 
and Robert Glowinski, American Wood Council, to Lisa Jackson, U.S. 
EPA. Petition for Reconsideration of 40 CFR Part 98 Subparts C and 
AA; Petition for Rulemaking To Revise 40 CFR Part 98 Subparts C and 
AA; Request for Correction Under Information Quality Act. November 
16, 2012.
---------------------------------------------------------------------------

    Table 5 of this preamble summarizes the proposed Table C-2 
revisions, and major changes are explained below.

  Table 5--Proposed Changes to Table C-2 to Subpart C-Default CH4 and N2O Emission Factors for Various Types of
                                                      Fuel
----------------------------------------------------------------------------------------------------------------
                                              Current values                          Proposed values
----------------------------------------------------------------------------------------------------------------
                                      Default CH4         Default N2O         Default CH4         Default N2O
            Fuel type               emission factor     emission factor     emission factor     emission factor
----------------------------------------------------------------------------------------------------------------
Coal and Coke (All fuel types in  1.1 x 10-02.......  1.6 x 10-03.......  1.1 x 10-02.......  1.6 x 10-03
 Table C-1) \1\ (Footnote Added).
Anthracite for FBCs only \2\....  N/A...............  N/A...............  1.1 x 10-02.......  1.6 x 10-01
Waste Anthracite (Culm) for FBCs  N/A...............  N/A...............  1.1 x 10-02.......  4.0 x 10-01
 only \2\.
Bituminous for FBCs only \2\....  N/A...............  N/A...............  1.1 x 10-02.......  1.3 x 10-01
Waste Bituminous (Gob) for FBCs   N/A...............  N/A...............  1.1 x 10-02.......  2.9 x 10-01
 only \2\.
Subbituminous for FBCs only \2\.  N/A...............  N/A...............  1.1 x 10-02.......  6.5 x 10-02
Lignite for FBCs only \2\.......  N/A...............  N/A...............  1.1 x 10-02.......  1.1 x 10-01
Fuel Gas........................  N/A...............  N/A...............  3.0 x 10-03.......  6.0 x 10-04

[[Page 19818]]

 
Biomass Fuels--Solid (All fuel    3.2 x 10-02.......  4.2 x 10-03.......  3.2 x 10-02.......  4.2 x 10-03
 types in Table C-1, except wood
 and wood residuals) (Added to
 parenthetical: ``except wood
 and wood residuals'').
Wood and wood residuals.........  ..................  ..................  7.2 x 10-3........  3.6 x 10-3
Biomass Fuels-Gaseous (All fuel   3.2 x 10-03.......  6.3 x 10-04.......  3.2 x 10-03.......  6.3 x 10-04
 types in Table C-1) Changed
 category from ``Biomass''.
----------------------------------------------------------------------------------------------------------------
N/A = No current emission factor available.
\1\ Use of the default emission factors for the coal and coke category may not be used to estimate emissions
  from combusting anthracite, waste anthracite, bituminous, waste bituminous, subbituminous, or lignite coal
  burned in an FBC.
\2\ Use of these default emission factors is required for FBCs burning the specified coal type.
Note: Those employing this table are assumed to fall under the IPCC definitions of the ``Energy Industry'' or
  ``Manufacturing Industries and Construction''. In all fuels except for coal the values for these two
  categories are identical. For coal combustion, those who fall within the IPCC ``Energy Industry'' category may
  employ a value of 1g of CH4/mmBtu.

    Specifically, based on our analysis of this emissions test data, we 
are proposing to add a row for wood and wood residuals in Table C-2 
that contains CH4 and N2O emission factors 
addressing those submitted to EPA with the AF&PA Petition. We 
integrated that data with previously available emissions test data in 
order to consider all of the information available to us in developing 
the new default emission factors for wood and wood residuals. Our 
analysis of the test data can be found in the memorandum ``Kraft 
Pulping Liquor and Woody Biomass Methane (CH4) and Nitrous 
Oxide (N2O) Emission Factor Literature Review'' available in 
Docket Id. No. EPA-HQ-OAR-2012-0934.
    We are also proposing to add coal, culm, and gob N2O 
emission factors to Table C-2 specific to fluidized bed combustors. As 
referenced above in response to the Sierra Club Petition, the EPA 
reviewed multiple studies that indicate that N2O emissions 
from fluidized bed combustors burning coal, culm, and gob are 
significantly higher than from conventional combustion technologies. 
The EPA agrees our analysis and development of emission factors 
(including a discussion of emission factors for culm and gob) can be 
found in the memorandum ``Emission Factor Updates for Fluidized Bed 
Boilers and Other Revisions to Tables C-1 and C-2 of 40 CFR Part 98--
Summary'' available in Docket Id. No. EPA-HQ-OAR-2012-0934.
    We are proposing to add ``fuel gas'' to Table C-2 of subpart C to 
address a program gap discovered through the verification process. 
Because fuel gas is not currently included in Table C-2, instructions 
are included in subparts X and Y to use the default CH4 and 
N2O emission factors for ``Petroleum (All fuel types in 
Table C-1)'' to calculate CH4 and N2O emissions 
from fuel gas combustion. However, for facilities that do not report 
under subpart X or Y, there is currently no requirement to calculate 
CH4 and N2O emissions from fuel gas combustion. 
The proposed revision addresses this unintentional gap. As a result, 
subpart C reporters would be required to report CH4 and 
N2O emissions from fuel gas combustion. Fuel gas is defined 
at 40 CFR 98.6 as ``gas generated at a petroleum refinery or 
petrochemical plant and that is combusted separately or in any 
combination with any type of gas.''

C. Subpart H--Cement Production

    We are proposing one revision to the reporting requirements of 40 
CFR part 98, subpart H (Cement Production). The current Part 98, 
published on October 30, 2009, provides that facilities subject to 
subpart H report the monthly cement production from each kiln at the 
facility for verification of reported emissions. In the preamble to the 
Technical Corrections, Clarifying, and Other Amendments to Certain 
Provisions of the Mandatory Greenhouse Gas Reporting Rule (75 FR 66434, 
October 28, 2010), the EPA stated its intent to change the cement 
production reporting requirements under 40 CFR 98.86 to require annual, 
facility-wide cement production instead of monthly, kiln-specific 
cement production (75 FR 66440). Reporting cement production on a kiln-
specific basis is inconsistent with cement plant manufacturing 
practices, because kilns produce clinker (an intermediate product in 
cement manufacturing) and do not make cement. Although it was obviously 
the EPA's intention to revise the rule accordingly, inadvertently, this 
change was not reflected in the rule. This change is also consistent 
with the requirement in 40 CFR 98.86(b)(3), which requires facilities 
without continuous emissions monitoring systems (CEMS) to report annual 
cement production at the facility. Therefore, we are proposing to amend 
40 CFR 98.96(a)(2) to require reporting of facility-wide cement 
production.

D. Subpart K--Ferroalloy Production

    We are proposing two corrections to subpart K of Part 98 
(Ferroalloy Production). First, we are proposing to revise Equation K-3 
of subpart K to correct the equation. The equation in the current Part 
98 does not include a conversion factor from kilograms to metric tons. 
Therefore, we are proposing to correct Equation K-3 to revise the 
numerical term ``2000/2205'' to ``2/2205'' to account for this 
conversion.
    Next, we are proposing to amend 40 CFR 98.116(e) to require the 
reporting of the annual process CH4 emissions (in metric 
tons) from each electric arc furnace (EAF) used for the production of 
any ferroalloy listed in Table K-1 of subpart K of Part 98. Per 40 CFR 
98.113(d), ferroalloy production facilities are currently required to 
calculate CH4 emissions from each EAF used for the 
production of ferroalloys listed in Table K-1. Facilities are currently 
required to report CH4 emissions for EAFs where a CEMS is 
used to measure emissions. However, the requirement to report emissions 
of CH4 from EAFs where the carbon mass balance procedure is 
used to measure emissions was erroneously omitted from the current Part 
98. The proposed amendments are necessary for

[[Page 19819]]

consistent reporting of CH4 emissions from all ferroalloy 
production facilities. Because facilities must already monitor and 
calculate emissions of CH4 from each EAF, the proposed 
amendment would not impose any additional burden on reporters. The 
proposed data reporting element reflects aggregated annual information 
that is currently gathered by reporters.

E. Subpart L--Fluorinated Gas Production

    Under subpart L of Part 98 (Fluorinated Gas Production), the EPA is 
proposing to extend temporary, less detailed reporting requirements for 
fluorinated gas producers for an additional year. In a final rule 
published on August 24, 2012, the EPA promulgated temporary, less 
detailed reporting requirements for reporting years 2011 and 2012 (77 
FR 51477). As discussed in that final rule, this was intended to allow 
the EPA time to evaluate concerns raised by the producers that EPA 
release of the more detailed reporting required by the 2010 final rule 
would reveal trade secrets, and to consider how the rule might be 
changed to balance these concerns with the need to obtain the data 
necessary to inform the development of future GHG policies and 
programs. The proposed extension would require the same less detailed 
reporting for reporting year 2013 as for reporting years 2011 and 2012. 
The extension would allow the EPA, as well as stakeholders, to consider 
the various options for reporting emissions under subpart L in 
conjunction with EPA's on-going evaluations regarding reporting inputs 
to emission equations for subpart L, whose reporting deadline was 
deferred until 2015. Fluorinated gas producers and other commenters 
have often noted that whether or not disclosure of a particular data 
element poses confidentiality concerns depends on the other data that 
would be required to be reported and/or disclosed. The extension would 
allow the various potential reporting requirements and confidentiality 
determinations to be considered simultaneously.

F. Subpart N--Glass Production

    We are proposing several clarifying revisions to subpart N of Part 
98 (Glass Production). The more substantive corrections, clarifying, 
and other amendments to subpart N are found here. Additional minor 
corrections are discussed in the Table of Revisions (see Docket ID No. 
EPA-HQ-OAR-2012-0934).
    We are proposing to revise the monitoring methods used to measure 
carbonate-based mineral mass-fractions to allow for more accurate 
measurement methods and to add flexibility for reporters. The current 
Part 98 requires that such measurements are based on sampling using 
ASTM D3682-01 (Reapproved 2006) Standard Test Method for Major and 
Minor Elements in Combustion Residues from Coal Utilization Processes 
or ASTM D6349-09 Standard Test Method for Determination of Major and 
Minor Elements in Coal, Coke, and Solid Residues from Combustion of 
Coal and Coke by Inductively Coupled Plasma--Atomic Emission 
Spectrometry. However, we have determined that industry consensus 
standards that specify analysis by X-ray fluorescence (e.g., ASTM C25-
11 Standard Test Methods for Chemical Analysis of Limestone, Quicklime, 
and Hydrated Lime and ASTM C1271-99 Standard Test Method for X ray 
Spectrometric Analysis of Lime and Limestone) are more accurate than 
ASTM D6349-09, which uses inductively coupled plasma or ASTM D3682-01, 
which uses atomic absorption. Therefore, we are proposing to revise 40 
CFR 98.144(b) to specify that reporters determining the carbonate-based 
mineral mass fraction must use sampling methods that specify X-ray 
fluorescence. We are proposing to remove ASTM D6349-09 and ASTM D3682-
01 from the requirements in 98.144(b). The proposed amendment would 
allow reporters flexibility in choosing a sampling method (since 
multiple X-ray fluorescence methods are available) while ensuring that 
more accurate available measurement methods are applied. For 
measurements made in the emission reporting year 2013 or prior years, 
reporters would continue to have the option to use ASTM D6349-09 and 
ASTM D3682-01. The EPA is not proposing to have reporters revise 
previously submitted annual reports. These facilities would have the 
option, but not be required, to use the newly proposed option for the 
reports submitted to EPA in 2013.

G. Subpart O--HFC-22 Production and HFC-23 Destruction

    The EPA is proposing clarifying amendments and other corrections to 
Subpart O (HFC-22 Production and HFC-23 Destruction); the more 
substantive corrections, clarifying, and other amendments to Subpart O 
are found in this section. Additional minor corrections to Subpart O 
are discussed in the Table of Revisions (see Docket ID No. EPA-HQ-OAR-
2012-0934).
    We are proposing to add a sentence to 40 CFR 98.156(c) to clarify 
how to report the HFC-23 concentration at the outlet of the destruction 
device in the event that the concentration falls below the detection 
limit of the measuring device. The provisions of 40 CFR 98.156(c) 
require facilities that destroy HFC-23 to report the concentration of 
HFC-23 measured at the outlet of the destruction device during the 
facility's annual HFC-23 concentration measurements at the outlet of 
the destruction device. However, if the concentration during the 
measurements falls below the detection limit of the measuring device, 
the facility will not be able to report a specific concentration. The 
proposed sentence clarifies that in this situation, facilities are 
required to report the detection limit of the measuring device and that 
the concentration was below that detection limit.

H. Subpart P--Hydrogen Production

    We are proposing several clarifying revisions to subpart P of Part 
98 (Hydrogen Production). The more substantive corrections, clarifying, 
and other amendments to subpart P are found here. Additional minor 
corrections are discussed in the Table of Revisions (see Docket ID No. 
EPA-HQ-OAR-2012-0934).
    We are proposing to revise 40 CFR 98.163(b) to clarify that when 
the fuel and feedstock material balance approach is followed, the 
average carbon content and molecular weight for each month used in 
Equations P-1, P-2, or P-3 may be based on analyses performed annually 
or analyses performed more frequently than monthly (based on the 
requirements of 40 CFR 98.164(b)). If the carbon content or molecular 
weight measurements are performed annually, reporters would use the 
annual value as the monthly average. If the analyses are performed more 
often than monthly, then the reporter would use the arithmetic average 
of these values as the monthly average. The term definitions in 
Equations P-1, P-2, and P-3 currently refer to the ``results of one or 
more analyses for month n''; however, the monitoring frequencies 
specified at 40 CFR 98.163(b)(2), (b)(3) and (b)(4) range from weekly 
to annually, so this clarification is necessary to align these 
requirements. Further, we are proposing to revise the term definitions 
in Equations P-1, P-2, and P-3 to remove references to ``one or more 
analyses'' since multiple analyses in a month are not always required, 
as described above.
    We are also proposing to modify 40 CFR 98.164(b)(5) to reduce 
burden by adding flexibility to the fuel and feedstock analysis 
requirements, consistent with EPA's original intent

[[Page 19820]]

and subpart C (40 CFR 98.34(a)(6), 40 CFR 98.34(b)(4)), and subpart X 
(40 CFR 98.244(b)(4)(xiii)). The proposed change allows a facility to 
analyze fuels and feedstocks using chromatographic analysis, whether 
continuous or non-continuous.
    We are proposing to move recordkeeping requirements currently 
included in 40 CFR 98.164 (Monitoring and QA/QC requirements) to 40 CFR 
98.167 (Records that must be retained). Specifically, 40 CFR 98.164(c) 
and (d) will be moved to new paragraphs 40 CFR 98.167(c) and (d). 
Finally, we are proposing to revise 40 CFR 98.166(a)(2) and (a)(3) to 
remove the requirement to report hydrogen and ammonia production for 
all units combined. The individual unit production is already reported 
and can be summed to obtain the production for all units combined.

I. Subpart Q--Iron and Steel Production

    We are proposing multiple amendments to subpart Q of Part 98 (Iron 
and Steel Production) to provide clarification for certain provisions 
and calculation methods. The more substantive corrections, clarifying, 
and other amendments to subpart Q are found here. Additional minor 
corrections are discussed in the Table of Revisions (see Docket ID No. 
EPA-HQ-OAR-2012-0934).
    We are proposing to amend the definition of the iron and steel 
production source category in subpart Q, 40 CFR 98.170, to include 
direct reduction furnaces not co-located with an integrated iron and 
steel manufacturing process. Reporters are required to report 
CO2 emissions from direct reduction furnaces under 40 CFR 
98.172(c), and it was the EPA's intent for this reporting requirement 
to cover all direct reduction furnaces; however, the inclusion of 
direct reduction furnaces not co-located with an integrated iron and 
steel manufacturing process was inadvertently excluded from 40 CFR 
98.170. The proposed change corrects that omission. This change impacts 
only one facility currently operating in the United States and that 
facility is already reporting under Part 98. We do not anticipate this 
change will impose a burden on additional existing reporters.
    The EPA is proposing to amend Equation Q-5 in subpart Q to account 
for the use of gaseous fuels in EAFs. Many EAF operators use 
supplemental natural gas for melting scrap in the furnace. One facility 
that provided input to the EPA on this issue meets approximately 20 
percent of its energy requirement with natural gas. Because natural gas 
combustion products can constitute a significant portion of 
CO2 emissions from EAFs, we are proposing to modify Equation 
Q-5 by adding terms to account for the amount of gaseous fuel combusted 
and the carbon content of the gaseous fuel. We are also proposing to 
amend Equation Q-5 by correcting the term ``Cf'' to 
``Cflux'' and the term ``Cc'' to 
``Ccarbon'' to match those presented in the definitions, and 
to add a closing bracket at the end of the equation.
    Additionally, we are proposing to revise 40 CFR 98.173(d) to 
clarify when the Tier 4 calculation methodology must be used to 
calculate and report combined stack emissions. The proposed amendment 
would clarify that the Tier 4 calculation methodology would be used 
(and emissions would be reported under subpart C of Part 98) if the GHG 
emissions from a taconite indurating furnace, basic oxygen furnace, 
non-recovery coke oven battery, sinter process, EAF, decarburization 
vessel, or direct reduction furnace are vented through a stack equipped 
with a CEMS that complies with the Tier 4 methodology in subpart C of 
this part, or through the same stack as any combustion unit or process 
equipment that reports CO2 emissions using a CEMS that 
complies with the Tier 4 Calculation Methodology in subpart C. The 
amendment is necessary to clarify that facilities using either shared 
or dedicated CEMS must use the appropriate subpart C calculation 
methodology for determining emissions.
    We are also proposing to amend 40 CFR 98.174(c)(2) by removing the 
term ``furnace'' from the statement ``For the furnace exhaust,'' 
because decarburization vessels are not furnaces. We are also proposing 
to amend 40 CFR 98.174(c)(2) by dividing (c)(2) into two separate sub 
paragraphs to separately specify the sampling time for continuously 
charged EAFs. Newer and more efficient EAFs use the 
``Consteel[supreg]'' process, which involves continuous, rather than 
batch, scrap feed. Thus, ``production cycles'' may be an ambiguous term 
for reporters who operate a continuous EAF, and could be interpreted to 
require lengthy test periods as a single production cycle could extend 
for several days during which steel was continuously tapped. Therefore, 
we are proposing to remove the term ``production cycles'' for 
continuous EAFs and provide owners or operators with the option of 
sampling for a period spanning at least three hours.
    We are proposing to amend 40 CFR 98.175(a) to clarify that 100 
percent data availability is not required for process inputs and 
outputs that contribute less than one percent of the total mass of 
carbon into or out of the process. In accordance with 40 CFR 
98.174(b)(4), reporters do not collect the monthly mass or annual 
carbon content of inputs or outputs that contribute less than one 
percent of the total mass of carbon into or out of the process. 
Therefore, reporters are not required to estimate missing data for 
these inputs. Similarly, we are proposing to amend 40 CFR 98.176(e) by 
clarifying that the reporting requirements of 40 CFR 98.176(e) do not 
apply to process inputs and outputs that contribute less than one 
percent of the total mass of carbon into or out of the process.

J. Subpart X--Petrochemical Production

    We are proposing changes to subpart X of Part 98 (Petrochemical 
Production). In addition, we are providing flexibility for reporters 
and clarifying the calculation methodology, monitoring and reporting 
requirements, missing data procedures and other provisions under the 
rule. The more substantive corrections, clarifying, and other 
amendments to subpart X are found here. Additional minor corrections 
are discussed in the Table of Revisions to this rulemaking (see Docket 
ID No. EPA-HQ-OAR-2012-0934).
    We are proposing to revise 40 CFR 98.242(b)(2) to clarify that 
reporters using the mass balance option for a petrochemical process are 
not to report emissions from the combustion of petrochemical off-gas in 
any combustion unit, regardless of whether or not the combustion unit 
is part of the petrochemical process unit. Subpart X currently states 
that emissions of CO2, CH4, and N2O 
from only supplemental fuels (i.e., not from the combustion of process 
off-gas) burned in a combustion unit are reported under subpart C of 
Part 98 (General Stationary Fuel Combustion Sources). However, this 
requirement applies only to combustion units that are within the 
petrochemical process unit because the definition of supplemental fuel 
applies only to combustion within the process unit. Reporters may 
interpret this to mean that combustion units not within the 
petrochemical process unit should report emissions from combustion of 
petrochemical off-gas. This would lead to double counting since these 
emissions are already accounted for in the mass balance calculation. 
The proposed amendment would avoid possible double counting by 
specifying that emissions from the combustion of petrochemical process 
off-gas in combustion units outside the process unit also are not to be 
reported under subpart C.

[[Page 19821]]

    We are proposing a change to the calculation methodology in 40 CFR 
98.243(b) for CH4 and N2O emissions from burning 
process off-gas for reporters using the CEMS method to determine 
CO2 emissions. The proposed calculation method is consistent 
with the calculation approach for CEMS-monitored sources in subpart C 
but should not increase burden because Tier 4 units can use the best 
available information to estimate cumulative annual heat input (see 40 
CFR 98.33(c)(4)(i), 40 CFR 98.33(c)(4)(ii)(C)). The proposed 
calculation method would require reporters to use Equation C-10 of 
subpart C of Part 98. Reporters would use the cumulative annual heat 
input from combustion of the off-gas (mmBtu) and proposed fuel gas 
emission factors from Table C-2 to calculate emissions of 
CH4 and N2O. The proposed fuel gas emission 
factors in Table C-2 are the same as the ``Petroleum'' factors 
previously referenced by subpart X, but we determined that a separate 
entry for fuel gas is needed for other reasons, as described in Section 
II.B of this preamble.
    We are proposing to modify both 40 CFR 98.243(c)(3) and 40 CFR 
98.244(b)(4) to allow subpart X reporters that use the mass balance 
calculation method to obtain carbon content measurements from a 
customer of the product. Subpart X currently requires petrochemical 
manufacturers to determine product carbon contents from their own 
analyses. This change would provide additional flexibility for sources 
to obtain the carbon content measurement, and it is consistent with the 
current option that allows petrochemical manufacturers to obtain the 
carbon content of feedstocks from feedstock suppliers.
    We are proposing a change to 40 CFR 98.243(c)(4) for the 
alternative sampling requirements for feedstocks and products when the 
composition is greater than 99.5 percent of a single compound for 
reporters using the mass balance calculation method. Currently, the 
alternative can only be used during periods of normal operation and 
when the product meets specifications. We are proposing changes that 
will allow the alternative method to be used during all times that the 
average monthly concentration is above 99.5 percent. The proposed 
changes would allow greater flexibility for reporters.
    For reporters using the mass balance calculation method in 40 CFR 
98.243(c)(5), we are proposing to revise definitions for five of the 
terms in Equation X-1. First, we are proposing to clarify that the term 
``Cg'' includes streams containing CO2 recovered 
for sale or use in another process, which is consistent with the 
current definition of the term ``(CCgp)i,n''. 
Second, proposed changes to the terms 
``(Fgf)i,n'' and 
``(Pgp)i,n'' would clarify that the inputs for 
gaseous feedstock and products may be measured on either a mass basis 
or a volume basis. Finally, we are proposing clarifications to the 
terms for molecular weight of gaseous feedstocks and products 
(``(MWf)i'' and ``(MWp)i'') 
to specify that molecular weight is to be determined monthly, which is 
consistent with the monitoring frequency specified in 40 CFR 
98.243(c)(1).
    We are proposing to modify the test method description for 
chromatographic analysis in 40 CFR 98.244(b)(4)(xiii) to remove the 
word ``gas.'' The proposed change would clarify that a chromatograph 
other than a gas chromatograph may be used. We are also proposing to 
modify 40 CFR 98.244(b)(4)(xv) to allow additional methods for the 
analysis of carbon black feedstock oils and carbon black products. This 
section of subpart X currently specifies that a reporter may use an 
industry standard practice for such feedstocks and products. The 
proposed changes would provide additional flexibility by also allowing 
the use of a method published by a consensus-based standards 
organization (i.e., a published method that is not already specifically 
listed in 98.244(b)(4)). For clarity, the proposed amendments also 
would list known consensus-based standards organizations and add a 
requirement for facilities to document the standard method that they 
use in the facility monitoring plan required under 40 CFR 98.3(g)(5).
    We are proposing to add a requirement under 40 CFR 98.244(c) to 
clarify the monitoring and quality assurance requirements for flares. 
Following implementation of Part 98, the EPA received questions 
concerning the monitoring and quality assurances requirements for 
flares because while the rule refers to subpart Y for flare emission 
calculation methods, it does not specify monitoring and quality 
assurance requirements. As a result, we are clarifying the requirements 
for flares to specify that facilities must conduct monitoring and 
quality assurance in accordance with 40 CFR 98.254. The proposed 
monitoring requirements for flares harmonize subpart X with other 
subparts under Part 98.
    We are proposing to clarify the missing data procedures in 40 CFR 
98.245 for missing feedstock and product flow rates and missing 
feedstock and product carbon contents. This section of subpart X 
currently specifies that reporters are to develop substitute values for 
these parameters using the same procedures as for missing fuel carbon 
contents as specified in 40 CFR 98.35. The proposed amendment clarifies 
that the procedures for missing fuel carbon contents in 40 CFR 
98.35(b)(1) are to be used only for missing feedstock and product 
carbon contents, and the procedures for missing fuel usage in 40 CFR 
98.35(b)(2) are to be used to develop substitute values for missing 
feedstock and product flow rates. We are also proposing to add missing 
data requirements for missing flare data and for missing molecular 
weights for gaseous feedstocks and products. The amendment would 
require reporters to develop substitute values for missing molecular 
weights using the procedures for missing fuel carbon contents as 
specified in 40 CFR 98.35(b)(1), and substitute values for missing 
flare data would be developed using the procedures in 40 CFR 98.255(b) 
and (c). We are proposing these additional missing data procedures so 
that reporters do not have to contact the EPA individually for guidance 
on how to proceed in the absence of instructions in the rule. We also 
expect that these changes will promote consistency both among subpart X 
reporters and between subpart X reporters and other reporters (e.g., 
subpart Y reporters).
    We are proposing two amendments to clarify the reporting 
requirements of 40 CFR 98.246(a)(6) for reporters using the mass 
balance method. This section of subpart X currently requires a reporter 
to report the name of each method listed in 40 CFR 98.244 that is used 
to determine a measured parameter. In addition, when a method is not 
listed in 40 CFR 98.244 (i.e., for flow or mass measurements), the 
reporter is required to provide a description of the manufacturer's 
recommended method. The only methods listed in 40 CFR 98.244 are 
methods for determining carbon content or molecular weight, and they 
are all in paragraph (b)(4) of 40 CFR 98.244. Thus, one proposed 
amendment to clarify 40 CFR 98.246(a)(6) would require reporters to 
report the name of each method that is used to determine carbon content 
or molecular weight in accordance with 40 CFR 98.244(b)(4). The current 
requirement to provide a description of manufacturer's recommended 
method has been interpreted in various ways, and a wide variety of 
information has been provided in reports to date. To simplify this 
reporting requirement,

[[Page 19822]]

reduce burden, and promote consistency among reporters, the second 
proposed change would require reporters to describe each type of device 
used to determine flow or mass (e.g., flow meter or weighing device) 
and identify the method used to determine flow or mass for each device 
in accordance with 40 CFR 98.244(b)(1) through (b)(3). Methods could be 
identified by method number, title, or other descriptor.
    We are proposing to revise 40 CFR 98.246(a)(8) to specify that 
reporters using the mass balance calculation method must identify 
combustion units outside of the petrochemical process unit that burned 
process off-gas. This section of subpart X currently requires 
identification of each combustion unit that burned both process off-gas 
and supplemental fuel. Supplemental fuel is defined as fuel burned in a 
petrochemical process that is not produced within the process itself. 
Thus, the current language in 40 CFR 98.246(a)(8) requires 
identification of only those combustion units within a petrochemical 
process unit that burn off-gas from the process. The purpose of the 
proposed change is to extend this requirement to combustion units that 
combust fuel gas generated by the petrochemical process but are not 
part of the petrochemical process. This additional information is 
needed to allow us to verify correct reporting of fuel gas in subpart 
C.
    We are proposing to revise 40 CFR 98.246(a)(9) for reporters using 
the alternative to sampling and analysis for carbon content as 
specified in 40 CFR 98.243(c)(4) of the mass balance calculation 
method. One of the proposed changes would clarify the units of time to 
report in (days) for periods during which off-specification product was 
produced. A second proposed revision would eliminate reporting of the 
volume or mass of off-specification products produced. If a facility is 
complying with 40 CFR 98.243(c)(4) for a product and produces off-
specification products so that the average monthly purity does not fall 
below 99.5 percent, then the facility need not report the amount of 
off-specification product. However, if the average monthly purity does 
fall below 99.5 percent, the facility must use the carbon content 
procedures in 40 CFR 98.243(c)(3) for the off-specification product, 
and must report the amount and carbon content of the off-specification 
product under 40 CFR 98.246(a)(4). The proposed revision would reduce 
the burden on reporters.
    We are proposing several changes to the CEMS reporting requirements 
in 40 CFR 98.246(b)(4), (b)(5), and (b)(6) to improve the accuracy of 
emissions attributed to subpart X sources, clarify requirements, and 
reduce burden. We would revise 40 CFR 98.246(b)(4) to specify that for 
each CEMS monitoring location where CO2 emissions from 
either the process or combustion of off-gas from the process are 
measured, the facility must provide an estimate of the fraction of the 
total CO2 emissions that are attributable to the 
petrochemical process unit, based on engineering judgment. Subpart X 
currently requires this reporting for process off-gas combustion 
emissions but not for process emissions. We need both to correctly 
determine the quantity of CEMS location emissions attributable to the 
petrochemical process unit. We would remove the requirements in 40 CFR 
98.246(b)(4) and (b)(5) to report CO2, CH4, and 
N2O emissions from each CEMS location because this 
requirement is also specified in 40 CFR 98.36(c)(2), which is 
referenced from 40 CFR 98.246(b)(2). Similarly, we would remove the 
requirement to report the aggregated total emissions from all CEMS 
locations because the EPA will calculate sums from the reported values 
for individual CEMS locations, as necessary. In 40 CFR 98.246(b)(5) we 
would also remove the requirements to report inputs to Equation C-8 
because we are proposing to replace the requirement to use Equation C-8 
with a requirement to use Equation C-10, as noted previously in this 
section. Instead of the Equation C-8 inputs, reporters would report the 
total annual heat input for Equation C-10, as required in 40 CFR 
98.35(c)(2). Finally, we are proposing to remove the requirement to 
identify each stationary combustion unit that burns petrochemical 
process off-gas. We use combustion unit identifications to help verify 
the distribution of emissions reported under subparts C and X for 
reporters that use the mass balance method. The identifications are not 
needed for reporters that use CEMS because all emissions from each 
combustion unit that burns process off-gas are reported under subpart 
X. On balance, we expect that these changes will reduce the reporting 
burden.

K. Subpart Y--Petroleum Refineries

    We are proposing changes, technical corrections and clarifying 
amendments for subpart Y of Part 98 (Petroleum Refineries). The more 
substantive corrections, clarifying, and other amendments to subpart Y 
are found here. Additional minor corrections are discussed in the Table 
of Revisions (see Docket ID No. EPA-HQ-OAR-2012-0934).
    In conjunction with the addition of fuel gas to Table C-2 as 
discussed in Section II.B of this preamble, we are proposing revisions 
to subpart Y to change the reference to Table C-2 at 40 CFR 
98.253(b)(2) and (b)(3) from ``Petroleum Products'' to ``Fuel Gas'' for 
calculation of CH4 and N2O from combustion of 
fuel gas. We are also proposing to revise 40 CFR 98.252(a) to remove 
the reference to the default emission factors for ``Petroleum (All fuel 
types in Table C-1)'' in Table C-2. Because the emission factors for 
Petroleum Products and Fuel Gas are identical, this will not change the 
result of any emission calculation.
    We are proposing to revise 40 CFR 98.253(f)(4) and the terms 
``FSG'' and ``MFc'' in Equation Y-12 to clarify 
the calculation methods for sulfur recovery plants to address both on-
site and off-site sulfur recovery plants. We are also proposing changes 
to the reporting requirements in 40 CFR 98.256(h) to clarify the 
reporting requirements for on-site and off-site units. The proposed 
revisions would clarify the requirements that should apply to on-site 
versus off-site sulfur recovery plants.
    We are proposing to clarify 40 CFR 98.253(j) regarding when 
Equation Y-19 must be used for calculation of CH4 and 
CO2 emissions. The proposed change clarifies that Equation 
Y-19 must be used to calculate CH4 emissions if the reporter 
elected to use the method in 40 CFR 98.253(i)(1), and may be used to 
calculate CO2 and/or CH4 emissions, as 
applicable, if the reporter elects this method as an alternative to the 
methods in paragraphs (f), (h), or (k) of 40 CFR 98.253. We are also 
proposing to clarify reporting requirements to 40 CFR 98.256(j) and (k) 
to specify that when Equation Y-19 is used for asphalt blowing 
operations or delayed coking units, the facility must report the 
relevant information required under 40 CFR 98.256(l)(5) rather than all 
of the reporting elements in 40 CFR 98.256(l).

L. Subpart Z--Phosphoric Acid Production

    We are proposing an additional requirement, minor corrections, and 
clarifications to subpart Z of Part 98 (Phosphoric Acid Production). 
The more substantive corrections, clarifying, and other amendments to 
subpart Z of Part 98 are discussed in this section. Additional minor 
corrections are discussed in the Table of Revisions (see Docket ID No. 
EPA-HQ-OAR-2012-0934).
    The terminology used in the introductory text of 40 CFR

[[Page 19823]]

98.263(b)(1)(ii) and definition of the term ``CO2n,'' could 
be interpreted as meaning that the method for sampling carbon content 
of rock represented direct CO2 emissions from the process, 
which was not the EPA's intention. While the equation calculates 
CO2 emissions from a process line, the input values obtained 
from the measurements of grab samples are CO2 content of the 
rock. Therefore, we are proposing to amend 40 CFR 98.263(b)(1)(ii) and 
the description of ``CO2n,i'' to indicate that the sampling 
method provides CO2 content, and not emissions.
    We are also proposing to revise 40 CFR 98.266(b) to require that 
the annual report must include the annual phosphoric acid production 
capacity (tons), rather than the annual permitted phosphoric acid 
production capacity. Through implementation of the rule, the EPA has 
learned that not all facilities have a ``permitted'' production 
capacity. The EPA is proposing to revise this requirement to report 
annual production capacity, as opposed to permitted production 
capacity, in the current Part 98.\31\ The proposed change acknowledges 
that not all phosphoric acid production facilities have a permitted 
production capacity. Additionally, not all facilities produce to the 
permitted capacity. This change is necessary to ensure that the EPA 
collects consistent annual production capacity data and will provide a 
better characterization of the relationship between industry production 
and emissions.
---------------------------------------------------------------------------

    \31\ See Table 9 of this preamble for the EPA's proposed data 
category assignment and confidentiality determination for this data 
element.
---------------------------------------------------------------------------

    We are also proposing to amend 40 CFR 98.266 to add a requirement 
to report the number of times missing data procedures were used to 
estimate the CO2 content of the phosphate rock. The proposed 
requirement is consistent with 40 CFR 98.264(b), which allows for 
determination of either inorganic carbon content or CO2 
content.

M. Subpart AA--Pulp and Paper Manufacturing

    We are proposing changes to subpart AA of Part 98 (Pulp and Paper 
Manufacturing) to revise default emission factors and clarify the 
information that must be reported. The more substantive corrections, 
clarifying, and other amendments to subpart AA of Part 98 are discussed 
in this section. Additional minor corrections are discussed in the 
Table of Revisions (see Docket ID No. EPA-HQ-OAR-2012-0934).
    We are proposing to amend 40 CFR 98.273(a)(3), 40 CFR 98.276(e) and 
Equation AA-1 to remove the references to site-specific emissions 
factors because there are no methods or requirements in subpart AA for 
deriving the site-specific GHG emission factors for biomass combustion.
    We are proposing revisions to the emission factors shown in Tables 
AA-1 and AA-2 to correct format errors that occurred in the printing of 
the rule in the CFR. Specifically, in Table AA-1, the CH4 
and N2O emission factors were intended to apply to each 
fuel. However, when printed in the Federal Register, lines were added 
to separate each row/fuel, and this format change created the 
appearance that the factors apply only to the first fuel listed in the 
table. To correct this error, we are proposing to insert the 
CH4 and N2O emission factors for each individual 
fuel. Today's proposed changes will make the rule conform to Tables AA-
1 and AA-2 as they originally were proposed in the April 10, 2009 
Federal Register (74 FR 16692). A similar error occurred with Table AA-
2. In addition, the Kraft Lime Kiln N2O factors were 
inadvertently omitted in the printing of Table AA-2; it was intended to 
be zero (0) for all fuels in Table AA-2 (as proposed to be amended in 
the August 11, 2010 Federal Register (75 FR 48811)).
    In addition to correcting formatting errors, we are proposing 
revisions to the CH4 and N2O emission factors for 
pulping liquor in Table AA-1 based on emissions test data made 
available to us for eight U.S. recovery furnaces in the AF&PA Petition 
as discussed above. Our analysis of that data confirms that the 
information contained in the AF&PA Petition is more robust and relevant 
for U.S. recovery furnaces than the original Table AA-1 emission 
factors which were previously adopted from a literature review.\32\
---------------------------------------------------------------------------

    \32\ See the memorandum in the docket titled, ``Kraft Pulping 
Liquor and Woody Biomass Methane (CH4) and Nitrous Oxide (N2O) 
Emission Factor Literature Review.''
---------------------------------------------------------------------------

    We are also proposing additional changes to Table AA-2 to (1) Amend 
the title to remove the reference to fossil fuel since the table 
contains a biogenic fuel as well (biogas); (2) specify that the 
emission factors for residual and distillate oil apply for any type of 
residual (no. 5 or 6) or distillate (no. 1, 2 or 4) fuel oil to clarify 
our intent that the emissions factors apply to all grades of these fuel 
types; and (3) add a row to specify that the Table C-2 emission factor 
for CH4 and the Table C-2 emission factors for 
CH4 and N2O may be used, respectively, for 
ancillary lime kilns and calciners combusting fuels (e.g., propane, 
used oil, and lubricants) that were not previously listed in Table AA-
2. The Technical Support Document for Subpart AA from the final Part 98 
\33\ explains that the operating temperatures in rotary lime kilns 
appear to be too high for appreciable formation of N2O, so 
an emission factor of zero is proposed for N2O from 
ancillary fuel combustion in pulp mill lime kilns.
---------------------------------------------------------------------------

    \33\ Available at: http://www.epa.gov/ghgreporting/documents/pdf/archived/tsd/TSD Pulp_and_Paper 2_11_09.pdf.
---------------------------------------------------------------------------

    We are proposing to amend 40 CFR 98.276(k) to clarify the EPA's 
intent regarding the annual pulp and/or paper production information 
that must be reported. Since publication of the rule, we have received 
questions from the industry about what this requirement means and the 
units of measure to use for reporting pulp production. Hence, we are 
proposing to amend the rule to clarify that the annual production 
information must consist of the production of air-dried, unbleached 
virgin pulp produced onsite during the reporting year and the 
production of paper products exiting the paper machine(s) during the 
reporting year, prior to application of any off-machine coatings.\34\ 
Greenhouse gas emissions from pulp and paper operations reported under 
subpart AA are dependent on the amount of pulp produced. Reporting the 
total annual production of air-dried unbleached virgin pulp provides a 
common reporting basis for all types of pulp mills regardless of 
production processes (e.g., bleaching, secondary fiber pulping, and 
paper making) that happen downstream of the virgin pulping process 
where the GHG emissions are generated.
---------------------------------------------------------------------------

    \34\ See the memorandum ``Proposed data category assignments and 
confidentiality determinations for new and substantially revised 
data elements in the proposed `2013 Revisions to the Greenhouse Gas 
Reporting Rule and Confidentiality Determinations for New or 
Substantially Revised Data Elements''' (hereafter referred to as 
``Confidentiality Determinations Memorandum'') (Docket Id. No. EPA-
HQ-OAR-2012-0934) for the proposed category assignments and 
confidentiality determinations for new and revised data elements.
---------------------------------------------------------------------------

N. Subpart BB--Silicon Carbide Production

    We are proposing several revisions to subpart BB of Part 98 
(Silicon Carbide Production). The more substantive corrections, 
clarifying, and other amendments to subpart BB of Part 98 are discussed 
in this section. Additional minor corrections are discussed in the 
Table of Revisions (see Docket ID No. EPA-HQ-OAR-2012-0934).

[[Page 19824]]

    We are proposing to revise 40 CFR 98.282(a) to remove the 
requirement for silicon carbide production facilities to report 
CH4 emissions from silicon carbide process units or 
furnaces. We are proposing to revise 40 CFR 98.283(d) to remove the 
CH4 calculation methodology. The current CH4 
calculation methodologies in subpart BB overestimate the emissions of 
CH4 from silicon carbide facilities because the equations do 
not take into consideration the destruction of CH4 
emissions. Because these emissions are typically controlled, emissions 
from these facilities are minimal, and the EPA has determined that the 
requirement to report CH4 emissions is not necessary to 
understand the emissions profile of the industry.
    Reporters must continue to monitor and report CO2 
emissions from silicon carbide process units and production furnaces. 
We are proposing to revise 40 CFR 98.283 so that CO2 
emissions are to be calculated and reported for all process units and 
furnaces combined. The EPA intended in the final Part 98 (October 30, 
2009) to require reporting from all silicon carbide process units and 
production furnaces, as specified in 40 CFR 98.282. However, 40 CFR 
98.283 states that ``You must calculate and report the annual process 
CO2 emissions from each silicon carbide process unit or 
production furnace using the procedures in either paragraph (a) or (b) 
of this section.'' The proposed correction would revise 40 CFR 98.283 
for consistency with the reporting requirements of 40 CFR 98.286 and 
reduce burden by combining all emissions.

O. Subpart DD--Electrical Transmission and Distribution Equipment Use

    We are proposing two substantive corrections to subpart DD 
(Electrical Transmission and Distribution Equipment Use) in this 
section. We are proposing to revise 40 CFR 98.304(c)(1) and (c)(2) to 
correct the accuracy and precision requirements for weighing cylinders. 
In the current Part 98, the subpart DD regulatory text for 40 CFR 
98.304(c)(1) and (c)(2) presents the required scale accuracies as ``2 
pounds of the scale's capacity.'' The scale accuracy requirement for 
subpart DD was intended to be ``2 pounds of true weight,'' as expressed 
in the ``Technical Support Document: Emissions from Electric Power 
Equipment Use'' and ``EPA's Response to Public Comments: Subpart DD: 
Electric Transmission and Distribution Equipment Use'' \35\, and the 
preamble to the final Part 98 (74 FR 56260, October 30, 2009). The 
proposed amendments would make 40 CFR 98.304(c)(1) and (c)(2) 
consistent with the EPA's intent.
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    \35\ See http://www.epa.gov/ghgreporting/reporters/subpart/dd.html.
---------------------------------------------------------------------------

P. Subpart FF--Underground Coal Mines

    We are proposing multiple amendments to subpart FF of Part 98 
(Underground Coal Mines) to clarify certain provisions and equation 
terms, harmonize reporting requirements, and improve verification of 
annual GHG reports. The more substantive corrections, clarifying, and 
other amendments to subpart FF of Part 98 are discussed in this 
section. Additional minor corrections are discussed in the Table of 
Revisions (see Docket ID No. EPA-HQ-OAR-2012-0934).
    We are proposing to revise the terminology in subpart FF in 
response to questions submitted by reporters. Reporters have noted that 
ventilation does not take place through wells, but rather mine 
ventilation system shafts or vent holes, and degasification systems do 
not use shafts, but rather wells or gob gas vent holes. Reporters have 
also stated that mine ventilation air is not flared, rather it is 
destroyed using a ventilation air methane (VAM) oxidizer. Therefore we 
are proposing to revise provisions in 40 CFR 98.320(b), 40 CFR 
98.322(b) and (d), 40 CFR 98.323(c), and 40 CFR 98.324(b) and (c) to 
adopt terminology that more accurately reflects industry operations.
    We are also proposing to revise the reporting requirements of 
subpart FF to include additional data elements that will allow the EPA 
to verify the data submitted, perform a year to year comparison of the 
data, and assess the reasonableness of the data reported.\36\ The data 
elements are readily available to the reporter and would not require 
additional data collection or monitoring or significantly increase the 
reporting burden. The additional data elements are included in the 
proposed revised 40 CFR 98.326(h), (i), (j), (o), (r), and new 
requirements (t) and (u) and include: The moisture correction factor 
used in the emissions equations, units of measure for the volumetric 
flow rates reported, method of determining the gas composition, the 
start date and close date of each well or shaft, the number of days the 
well or shaft was in operation during the reporting year, and the 
amount of CH4 routed to each destruction device. We are also 
proposing to add a reporting requirement (40 CFR 98.326(u)) for the 
reporting mines to provide the Mine Safety and Health Administration 
(MSHA) identification. This identification number will allow the EPA to 
easily identify the facility for verification and comparison of the 
Inventory data with GHGRP data. The reporting requirements have also 
been updated to harmonize with changes to the calculation methods as 
itemized in the Table of Revisions (see Docket ID No. EPA-HQ-2-12-
0934).
---------------------------------------------------------------------------

    \36\ See Table 9 of this preamble for the proposed category 
assignments and confidentiality determinations for each proposed 
data element.
---------------------------------------------------------------------------

Q. Subpart HH--Municipal Solid Waste Landfills

    We are proposing multiple revisions to 40 CFR part 98, subpart HH 
(Municipal Solid Waste Landfills) to clarify equations and amend 
monitoring requirements to reduce burden for reporters. The more 
substantive corrections, clarifying, and other amendments to subpart HH 
are discussed in this section. Additional minor corrections are 
discussed in the Table of Revisions (see Docket ID No. EPA-HQ-OAR-2012-
0934).
    We are proposing to amend the definition of the degradable organic 
carbon (DOC) term for Equation HH-1 to indicate that the DOC values for 
a waste type must be selected from Table HH-1. When we originally 
proposed subpart HH in April of 2009, Equation HH-1 applied to both MSW 
and industrial waste landfills. When we finalized Subpart HH for MSW 
landfills only, the definition of the DOC term allowed for the default 
value from Table HH-1 or measurement data, if available. Although we 
included measurement methods for determining site-specific DOC values 
for industrial waste streams within Subpart TT, we do not consider that 
these laboratory methods are suitable for determining the DOC for MSW 
landfills in subpart HH because of the variability and heterogeneity of 
MSW.
    The EPA may take into consideration the usage of site-specific DOC 
values for MSW landfills in Equation HH-1 if suitable measurement 
methods are available. We specifically request comment from reporters 
who have used measurement methods for determining DOC. We request that 
the commenter provide information on the type of waste streams for 
which measurement methods were used, the analytical method used to 
determine DOC, and procedures used to ensure that the samples tested 
were representative of the waste stream tested for different years. We 
also note that, if measurements of DOC are made for different years, 
the DOC variable in Equation HH-1 should be a function of

[[Page 19825]]

the year the waste is placed in the landfill. As currently written, the 
DOC term in Equation HH-1 is a constant for a given waste type and is 
not a function of the disposal year. We therefore also request comment 
on the need to revise Equation HH-1 and the definition of DOC to allow 
DOC to be a different value for different years that a waste is placed 
in the landfill.
    We are proposing to amend the definition of the term ``F'' in 
Equation HH-1 (fraction by volume of CH4 in the landfill 
gas) to further clarify that this term should be corrected to zero 
percent (0%) oxygen. Unlike the concentration of CH4 in the 
landfill gas as measured for use in Equation HH-4, the term F is more 
accurately defined as the fraction of the dissimilated carbon that is 
metabolized to CH4. Some landfill gas collection systems may 
draw ambient air into the collected landfill gas, thereby diluting the 
concentration of CH4 in the landfill gas. The proposed 
amendment is needed to correct measurements of CH4 
concentrations made in gas collection systems (or elsewhere) for 
ambient air dilution so that the resultant value of F more closely 
matches the fraction of degraded carbon that is generated as 
CH4.
    We are also proposing to revise the definition of parameter ``N'' 
in Equation HH-4 and the provisions of 40 CFR 98.343(b)(2)(i), (ii), 
(iii)(A), and (iii)(B). We received comments from landfill owners and 
operators that the requirement to sample CH4 concentrations 
weekly was burdensome, particularly for closed landfills, and 
unnecessary because the CH4 concentrations did not vary 
appreciably over the year. Some landfill owners and operators provided 
EPA with their weekly flow and CH4 concentration data for 
the 2011 reporting year for 395 unique landfills. We reviewed and 
analyzed the data and determined that reducing the CH4 
concentration monitoring frequency from weekly to monthly would 
increase the overall uncertainty of a landfill's CH4 
recovery from 8 percent to 10.5 percent. (See 
``Review of Weekly Landfill Gas Volumetric Flow and Methane 
Concentrations,'' October 18, 2012, in Docket ID No. EPA-HQ-OAR-2012-
0934.) It is reasonable to conclude that the on-going annual costs 
associated with monitoring CH4 concentrations monthly would 
be approximately one-fourth the cost of monitoring weekly. Thus, 
landfill owners can realize a significant savings in their monitoring 
costs while not significantly increasing the uncertainty in the 
calculated CH4 recovery. Based on the data provided by the 
landfill owners and operators and our analysis of that data, we are 
proposing to revise the minimum monitoring frequency from weekly to 
monthly.
    We are proposing to amend the oxidation fraction default value used 
in Equations HH-5, HH-6, HH-7, and HH-8 of subpart HH. We received 
comments from landfill owners and operators that the oxidation fraction 
default value of 10 percent that is required to be used in these 
equations is too low and that many landfills exhibit much higher 
oxidation fractions. Over the past several years, numerous U.S. 
landfills have been tested to estimate the oxidation fraction; the 
newly tested landfills have been predominately landfills with gas 
collection systems and clay soil or ``other soil mixture'' covers. We 
reviewed the oxidation study data and analyzed Subpart HH data to 
evaluate various options for revising the default oxidation fraction. 
Based on our review, we agree that the 10 percent soil oxidation 
fraction likely underestimates the amount of methane oxidized in the 
surface soil layer when the landfill gas flow through the soil surface 
is reduced, as is the case for landfills with gas collection systems. 
We considered a revised single default oxidation fraction or a default 
oxidation fraction based on the type of cover soil used at the 
landfill, but these defaults do not take in account the key variable, 
which is the methane flux rate entering the surface soil layer. Based 
on our analysis, we are proposing three different default oxidation 
fractions depending on the methane flux ``bin,'' found in new proposed 
Table HH-4. For cases where the methane flux is projected to be high 
(greater than 70 grams/m\2\/day), the default oxidation fraction 
remains as 10 percent. For cases where the methane flux is projected to 
be low (less than 10 grams/m\2\/day), the default proposed oxidation 
fraction is 35 percent. For cases with moderate methane flux rates (10 
to 70 grams/m\2\/day), the proposed default oxidation fraction is 25 
percent. We are also proposing to add requirements in paragraph 
98.346(h) and paragraphs 98.346(i)(8), (10), and (11) for facilities to 
report the oxidation fraction used in each of Equations HH-5, HH-6, HH-
7, and HH-8.\37\ We have concluded that this binned approach provides a 
more realistic estimate of the role of methane oxidation in the surface 
soil on the methane emissions than the single default oxidation 
fraction. We are including Table HH-4 to reference these values. Table 
HH-4 also provides a calculation method to determine the methane flux 
rate to be used for determining the oxidation fraction when Equations 
HH-5, HH-6, HH-7, or HH-8 are used. Reporters under subpart TT will 
also use Table HH-4 when Equation TT-6 is used to determine the methane 
generation adjusted for oxidation. For further information regarding 
our analysis of methane oxidation fractions, see ``Review of Methane 
Flux and Soil Oxidation Data'', December 7, 2012, in Docket ID No. EPA-
HQ-OAR-2012-0934.
---------------------------------------------------------------------------

    \37\ The EPA is proposing category assignments and 
confidentiality determinations for these new and revised data 
elements in the Confidentiality Determinations Memorandum (Docket 
Id. No. EPA-HQ-OAR-2012-0934).
---------------------------------------------------------------------------

    We are also proposing to amend Equations HH-6, HH-7, and HH-8 and 
surrounding text to generalize these equations in the event that the 
landfill contains multiple landfill gas collection system measurement 
locations and/or multiple destruction devices. When there is a single 
landfill gas measurement location, these equations are identical to the 
existing equations. However, the existing equations were inadequate to 
calculate CH4 emissions at landfills with gas collection 
systems that have multiple measurement locations and/or multiple 
destruction devices. In addition to the revisions proposed to clarify 
equation term definitions when multiple measurement locations or 
destruction devices are used, we are also proposing to revise the 
definition of the fDest term for Equation HH-6 and HH-8 to 
clarify that the fraction of hours the destruction device was operating 
should be calculated as the number of operating hours for the device 
divided by the hours that gas flow as sent to the device.
    We are also proposing to amend the first sentence in 40 CFR 
98.345(c) to revise ``in reporting years'' to ``in the reporting year'' 
to clarify that the missing data procedures are for a reporting year 
and that reporters do not need to report substitute data information 
for years prior to the current reporting year, thereby reducing the 
burden on reporters.
    Finally, we are proposing to revise 40 CFR 98.346(d)(1) and (e) to 
move the reporting elements pertaining to the methane correction factor 
(MCF) from paragraph (d)(1) to paragraph (e) because MCF is not a 
function of the waste type. This amendment eliminates the duplicative 
reporting requirements for MCF and its related reporting elements 
(i.e., reporters would no longer be required to report this information 
for each waste type).

[[Page 19826]]

R. Subpart LL--Suppliers of Coal-based Liquid Fuels

    We are proposing multiple revisions to 40 CFR part 98, subpart LL 
(Suppliers of Coal-based Liquid Fuels) to clarify requirements and 
amend data reporting requirements to reduce burden for reporters. This 
section includes the more substantive corrections, clarifying, and 
other amendments to subpart LL. Additional minor corrections are 
discussed in EPA's Table of Revisions (see Docket ID No. EPA-HQ-OAR-
2012-0934).
    To reduce burden, we are proposing to remove the requirements at 40 
CFR 98.386(a)(1), (a)(5), (a)(13), (b)(1), and (c)(1) for each 
facility, importer, and exporter to report the annual quantity of each 
product or natural gas liquid on the basis of the measurement method 
used. Reporters would continue to report the annual quantities of each 
product or natural gas liquid in metric tons or barrels at 40 CFR 
98.386(a)(2), (a)(6), (a)(14), (b)(2), and (c)(2). We are also 
retaining the requirement to report a complete list of methods used to 
measure the annual quantities reported for each product or natural gas 
liquid.

S. Subpart MM--Suppliers of Petroleum Products

    We are proposing several revisions to 40 CFR part 98, subpart MM 
(Suppliers of Petroleum Products) to clarify requirements and amend 
data reporting requirements to reduce burden for reporters. This 
section includes the more substantive corrections, clarifying, and 
other amendments to subpart MM. Additional minor corrections are 
discussed in the Table of Revisions (see Docket ID No. EPA-HQ-OAR-2012-
0934).
    We are proposing to clarify the equation term for 
``Producti'' at 40 CFR 98.393(a)(2) to exclude those 
products that entered the refinery but are not reported under 40 CFR 
98.396(a)(2). We are proposing harmonizing changes to 40 CFR 98.394(b) 
to make the equipment calibration requirements for petroleum products 
suppliers consistent with other Part 98 calibration requirements. The 
requirements for equipment calibration in 40 CFR part 98, subpart A 
(General Provisions) allow for postponement of calibrations for units 
and processes that operate continuously with infrequent outages. We are 
proposing similar provisions be incorporated into the subpart MM 
equipment calibration requirements. The proposed changes would also 
provide flexibility for reporters meeting the equipment calibration 
requirements.
    As with the proposed changes to subpart LL, in order to reduce 
burden for reporters, we are proposing to remove the requirements of 40 
CFR 98.396(a)(1), (a)(5), (a)(13), (b)(1), and (c)(1) for each 
facility, importer, and exporter to report the annual quantity of each 
petroleum product or natural gas liquid on the basis of the measurement 
method used. Reporters would continue to report the annual quantities 
of each petroleum product or natural gas liquid in metric tons or 
barrels at 40 CFR 98.396(a)(2), (a)(6), (a)(14), (b)(2), and (c)(2). We 
are also retaining the requirement to report a complete list of methods 
used to measure the annual quantities reported for each product or 
natural gas liquid.
    In order to reduce the recordkeeping and reporting burden, the EPA 
is proposing to eliminate the reporting requirement for individual 
batches of crude oil feedstocks. The reporting requirements for crude 
oil at 40 CFR 98.396(a)(20) are proposed to be changed to require only 
the annual quantity of crude oil. We are also proposing to eliminate 
the requirement to measure the API gravity and the sulfur content of 
each batch of crude oil at 40 CFR 98.394(d). We are also proposing to 
remove the requirement at 40 CFR 98.394(a)(1) that a standard method by 
a consensus-based standards organization be used to measure crude oil 
on site at a refinery, if such a method exists. Other associated 
changes to the rule to harmonize with this change include removing the 
definition of ``batch,'' removing the procedures for estimating missing 
data for determination of API gravity and sulfur content at 40 CFR 
98.395(c), and the recordkeeping requirement for crude oil quantities 
at 40 CFR 98.397(b). Reporters would still be required to maintain all 
the records required to support information contained in the reports as 
specified at 40 CFR 98.397(a).
    We are proposing to include the definitions of natural gas liquids 
(NGL) and bulk NGLs in the subpart MM definitions at 40 CFR 98.397 to 
clarify the distinction between NGL and bulk NGL for reporting purposes 
under subpart MM. ``Natural gas liquids (NGLs)'' for purposes of 
reporting under subpart MM means hydrocarbons that are separated from 
natural gas as liquids through the process of absorption, condensation, 
adsorption, or other methods, and are sold or delivered as 
differentiated product. Generally, such liquids consist of ethane, 
propane, butanes, or pentanes plus. Those subject to subpart MM are 
required to report NGLs as the individual differentiated product and 
are not required to conduct testing to determine additional components 
(i.e., impurities) that are contained within the differentiated 
product. For a mixture, the individual components should be reported. 
For example, if a refinery receives a known mixture of propane and 
ethane, the refiner must report the quantities of propane and ethane 
individually. Undifferentiated NGLs would be reported as bulk NGLs for 
subpart MM. We are also proposing to clarify the reporting requirements 
for bulk NGLs and NGLs. NGLs should be reported either as 
differentiated NGLs or as bulk NGLs. The requirement at 40 CFR 
98.396(a)(22) is proposed to be modified to specify that NGLs reported 
in 40 CFR 98.396(a)(2) should not be reported again in 40 CFR 
98.396(a)(22).
    Finally, we are proposing to revise the default density and 
emission factors in Table MM-1 for propane, propylene, ethane, 
ethylene, isobutane, isobutylene, butane, and butylene. Because these 
compounds are gases under standard conditions, the default density 
metric must be presented using a stated temperature and pressure. For 
all compounds except ethylene, we are proposing estimates of density 
and calculated emission factors at 60 degrees F and saturation 
pressure, the standard temperature and pressure conditions used by 
industry. For ethylene, because it cannot be liquefied above 
48.6[deg]F, we have selected as a basis for the values of density and 
emission factor conditions at 41[deg]F (slightly under the critical 
temperature) and the corresponding saturation pressure. The current and 
proposed values for default density and emission factors are included 
in Table 6 of this preamble.

[[Page 19827]]



   Table 6--Proposed Changes to Table MM-1 to Subpart MM of Part 98-Default Factors for Petroleum Products and
                                               Natural Gas Liquids
----------------------------------------------------------------------------------------------------------------
                                                                                     Proposed        Proposed
                                                     Column A:       Column C:       Column A:       Column C:
                    Products                          density        emission         density        emission
                                                   (metric tons/  factor (metric   (metric tons/  factor (metric
                                                       bbl)        tons CO2/bbl)       bbl)        tons CO2/bbl)
----------------------------------------------------------------------------------------------------------------
Ethane \3\......................................          0.0866          0.2537          0.0579           0.170
Ethylene \4\....................................          0.0903          0.2835          0.0492           0.154
Propane \3\.....................................          0.0784          0.2349          0.0806           0.241
Propylene \3\...................................          0.0803          0.2521          0.0827           0.260
Butane \3\......................................          0.0911          0.2761          0.0928           0.281
Butylene \3\....................................          0.0935          0.2936          0.0972           0.305
Isobutane \3\...................................          0.0876          0.2655          0.0892           0.270
Isobutylene \3\.................................          0.0936          0.2939          0.0949           0.298
----------------------------------------------------------------------------------------------------------------
\3\ The density and emission factors for components of LPG determined at 60[deg]F and saturation pressure (LPGs
  other than ethylene).
\4\ The density and emission factor for ethylene determined at 41[deg]F and saturation pressure.

T. Subpart NN--Suppliers of Natural Gas and Natural Gas Liquids

    The EPA is proposing multiple corrections and clarifying amendments 
to the provisions of subpart NN (Suppliers of Natural Gas and Natural 
Gas Liquids). The more substantive corrections, clarifying, and other 
amendments to subpart NN are discussed in this section. Additional 
minor corrections are discussed in the Table of Revisions (see Docket 
ID No. EPA-HQ-OAR-2012-0934).
    First, we are proposing to amend the definition of Local 
Distribution Companies (LDCs) in 40 CFR 98.400(b) to coincide with the 
definition of LDCs in 40 CFR 98.230(a)(8) (40 CFR part 98, subpart W). 
For LDCs that operate in multiple states, we are proposing to clarify 
that the operations in each state are considered a separate LDC. For 
example, if an LDC owns and operates pipelines in two adjacent states, 
the LDC is considered two separate entities both for the purpose of 
determining applicability and for registering and reporting under 
subpart NN. We are also proposing a revision to clarify that interstate 
and intrastate pipelines delivering natural gas either directly to 
major industrial users or to farm taps upstream of the local 
distribution company inlet are not included in the definition of an 
LDC. The proposed changes are harmonizing changes that improve the 
consistency of provisions across Part 98.
    We are also proposing to revise 40 CFR 98.406(b)(7).\38\ The 
current subpart NN rule requires that LDCs report annual volume of 
natural gas delivered to each meter registering supply equal to or 
greater than 460,000 thousand standard cubic feet (Mscf) during the 
calendar year. The EPA is proposing a change in the calculation and 
reporting requirements that would require that if the LDC knows that a 
series of meters serves one particular customer receiving a total of 
greater than 460,000 Mscf during the year, the LDC would be required to 
report these deliveries per customer rather than per meter. If the LDC 
does not know if the series of meters serve a single customer or 
multiple customers, the LDC may continue to report deliveries to 
individual meters. Customers that receive over 460,000 Mscf 
(approximately 25,000 Mtons CO2) for use in combustion are 
required to report emissions under subpart C or subpart D. We are 
proposing the change to 40 CFR 98.407(b)(7) in order to greatly 
minimize double counting emissions reported under subparts C or D and 
emissions that would result from natural gas supplied reported under 
subpart NN from facilities that may receive a total of over 460,000 
Mscf of natural gas through several meters.
---------------------------------------------------------------------------

    \38\ The EPA has proposed a data category and confidentiality 
determination for this revised data element. See the Confidentiality 
Determinations Memorandum (Docket Id. No. EPA-HQ-OAR-2012-0934).
---------------------------------------------------------------------------

    The EPA received comments that the multiple streams of natural gas 
included in Equation NN-5 may have different characteristics (e.g., 
HHV). Subpart NN currently requires the use of a single emission factor 
for all types of gas streams accounted for in Equation NN-5 (e.g., gas 
stored, liquefied natural gas removed from storage, natural gas 
received from local production). Because the characteristics of these 
streams may differ, the EPA agrees that emissions associated with the 
supply of natural gas would be more accurately calculated using 
emission factors specific to each stream. To allow reporters the 
flexibility to use different emission factors for different natural gas 
streams, the EPA is proposing Equation NN-5 be replaced with two 
equations, Equations NN-5a and NN-5b. The greenhouse gas quantity 
associated with the net amount of natural gas that is placed into or 
removed from storage during the year is proposed to be calculated using 
Equation NN-5a. Emissions that would result from the combustion or 
oxidation of natural gas supplied that bypassed the city gate are 
proposed to be calculated using Equation NN-5b. Separating Equation NN-
5 into two equations does not impose additional burden on reporters. 
LDCs already monitor the volume of gas placed into or removed from 
storage separately from natural gas that bypassed the city gate. 
Further, LDCs may use different emission factors in Equations NN-5a and 
NN-5b, though they are not required to. The default value may be used. 
Additionally, we are proposing a change to Equation NN-6 that 
incorporates the two proposed NN-5 equations. With this change, all the 
equation terms resulting in net additions to the CO2 
quantity are added, and terms resulting in decreases to the 
CO2 quantity are subtracted from the LDC's subpart NN total. 
This change will make Equation NN-6 easier to understand.\39\ Finally, 
the EPA has learned that o-grade as well as y-grade bulk NGLs are 
fractionated by facilities subject to subpart NN. Additionally, the EPA 
has learned that some fractionators strip out only a portion of the 
bulk NGL stream and supply the remaining bulk NGL downstream to other 
fractionators, where it is separated into its constituent products. 
Therefore, the EPA is

[[Page 19828]]

proposing revisions to 40 CFR 98.406(a)(4) to add new reporting 
elements that require reporting of the quantity of o-grade, y-grade, 
and other types of bulk NGLs received, and the quantity not 
fractionated, but supplied downstream.\40\
---------------------------------------------------------------------------

    \39\ We are also proposing to revise the reporting requirements 
in 40 CFR 98.406(b) in order to harmonize the reported data with the 
change to the equations in subpart NN. See the Confidentiality 
Determinations Memorandum (Docket Id. No. EPA-HQ-OAR-2012-0934) for 
the proposed category assignments and confidentiality determinations 
for new and revised data elements.
    \40\ See the Confidentiality determinations Memorandum (Docket 
Id. No. EPA-HQ-OAR-2012-0934) for the proposed category assignments 
and confidentiality determinations for new and revised data 
elements.
---------------------------------------------------------------------------

    We are also proposing changes to the HHV and emission factors in 
Table NN-1 and NN-2. As discussed in this preamble for subpart C and 
subpart MM, we are proposing to revise the default HHV and emission 
factors for the individual components of liquid petroleum gases (LPG) 
including propane, ethane, isobutane, and butane. These values for 
Table NN-1 and NN-2 are based on the same HHV, density and carbon share 
used for the HHV and emission factors in Table C-1 and MM-1. Since 
these compounds are gases under standard conditions, the default 
emission factors in Table NN-1 and NN-2 (kg CO2 per MMBtu or 
MT CO2 per barrel) and HHV in Table NN-1 (MMBtu per barrel) 
must be presented using a density at a stated temperature and pressure. 
For all these LPGs, we are proposing calculated values of HHV and 
emission factors using the density of the liquid at 60[deg]F and 
saturation pressure, standard temperature and pressure conditions used 
by industry. The current and proposed default HHV and emission factors 
are shown in Tables 7 and 8 of this preamble.

             Table 7--Proposed Changes to Table NN-1 to Subpart NN of Part 98-Default Factors for Calculation Methodology 1 of This Subpart
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   Proposed Default CO2
                   Fuel                      Default high heating value    Default CO2  emission      Proposed Default higher    emission factor (kg CO2/
                                                       factor              factor (kg CO2/MMBtu)         heating value \1\                MMBtu)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Natural Gas..............................  1.028 MMBtu/Mscf.............                    53.02  1.026 MMBtu/Mscf............                    53.06
Propane..................................  3.822 MMBtu/bbl..............                    61.46  3.84 MMBtu/bbl..............                    62.87
Normal butane............................  4.242 MMBtu/bbl..............                    65.15  4.34 MMBtu/bbl..............                    64.77
Ethane...................................  4.032 MMBtu/bbl..............                    62.64  2.85 MMBtu/bbl..............                    59.60
Isobutane................................  4.074 MMBtu/bbl..............                    64.91  4.16 MMBtu/bbl..............                    64.94
Pentanes plus............................  4.620 MMBtu/bbl..............                    70.02  4.62 MMBtu/bbl..............                    70.02
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Conditions for higher heating values presented in MMBtu/bbl are 60[deg]F and saturation pressure.


  Table 8--Proposed Changes Table NN-2 to Subpart NN of Part 98-Default Values for Calculation Methodology 2 of
                                                  This Subpart
----------------------------------------------------------------------------------------------------------------
                                                                                                     Proposed
                                                                                    Default CO2     Default CO2
                     Fuel                                     Unit                emission value  emission value
                                                                                   (MT CO2/Unit)   (MT CO2/Unit)
                                                                                                        \1\
----------------------------------------------------------------------------------------------------------------
Natural Gas...................................  Mscf............................           0.055          0.0544
Propane.......................................  Barrel..........................           0.235           0.241
Normal butane.................................  Barrel..........................           0.276           0.281
Ethane........................................  Barrel..........................           0.253           0.170
Isobutane.....................................  Barrel..........................           0.266           0.270
----------------------------------------------------------------------------------------------------------------
\1\ Conditions for emission value presented in MT CO2/bbl are 60[deg]F and saturation pressure.

U. Subpart PP--Suppliers of Carbon Dioxide

    We are proposing three substantive amendments to subpart PP of Part 
98 (Suppliers of Carbon Dioxide) that are described in this section. 
One additional minor correction is discussed in the Table of Revisions 
(see Docket ID No. EPA-HQ-OAR-2012-0934).
    We are proposing to amend 40 CFR 98.423(a)(3)(i) to clarify that 
both capture and extraction facilities may use Equation PP-3a to 
aggregate annual data from multiple flow meters. In the December 17, 
2010 Technical Corrections, Clarifying, and Other Amendments to the GHG 
Reporting Rule (75 FR 79092), we modified the provisions of 40 CFR 
98.423(a)(3) to add Equation PP-3b to account for situations where a 
CO2 stream is segregated such that only a portion is 
captured for commercial application or for injection and where a flow 
meter is used prior to the point of segregation; we also introduced the 
two-meter approach for facilities with production process units that 
capture a CO2 stream. At that time, we made a harmonizing 
change and re-designated Equation PP-3 to Equation PP-3a. However, we 
inadvertently limited the application of equation PP-3a to facilities 
with production processes, whereas in the original promulgation, 
Equation PP-3 could be used by all facilities (including those with 
production wells) that have multiple streams and multiple flow meters. 
In this rulemaking we are proposing to amend 40 CFR 98.423(a)(3)(i) to 
clarify that facilities with CO2 production wells that 
extract or produce a CO2 stream may use Equation PP-3a to 
aggregate the total annual mass of CO2 from multiple 
extracted streams. This clarifying change increases the reporting 
flexibility for facilities with CO2 production wells by 
allowing them to aggregate CO2 emissions from multiple 
CO2 streams, without sacrificing the quality of data 
reported.
    Finally, we are proposing to amend the reporting requirements of 40 
CFR 98.426(f)(10) and (f)(11), which require reporting the aggregated 
annual CO2 quantities transferred to enhanced oil and 
natural gas recovery or geologic sequestration. The proposed changes 
would clarify that these end use application options reflect injection 
of CO2 to geologic sequestration or enhanced oil recovery as 
covered by 40 CFR part 98, subparts RR and UU, respectively.

[[Page 19829]]

V. Subpart QQ--Importers and Exporters of Fluorinated Greenhouse Gases 
Contained in Pre-Charged Equipment or Closed-Cell Foams

    We are proposing multiple revisions to 40 CFR part 98, subpart QQ 
(Importers and Exporters of Fluorinated Greenhouse Gases Contained in 
Pre-Charged Equipment or Closed-Cell Foams). The more substantive 
corrections, clarifying, and other amendments to subpart QQ are 
discussed in this section. Additional minor corrections are discussed 
in the Table of Revisions (see Docket ID No. EPA-HQ-OAR-2012-0934). We 
are proposing to correct the equation term ``St'' in 
Equations QQ-1 and QQ-2 to clarify that the input may be mass (charge 
per piece of equipment) or density (charge per cubic foot of foam, kg 
per cubic foot). The proposed revision is necessary to ensure that the 
input for each equation is in the correct units when the density of F-
GHG in the foam is used.
    We are proposing to amend an example within the definition of 
``closed-cell foam'' at 40 CFR 98.438. The revised text would read 
``Closed-cell foams include but are not limited to polyurethane (PU) 
foam contained in equipment, * * *'' The EPA is proposing this change 
to clarify that the reporting requirements apply to devices that 
contain F-GHGs in closed-cell foams even if the device is not an 
``appliance'' as defined in this section. Appliances are defined as 
devices that contain a fluorinated greenhouse gas refrigerant. This 
change clarifies that the reporting requirements apply to equipment 
such as water heaters which have closed-cell foam but no refrigerant 
charge. Similarly the reporting requirements apply to refrigeration and 
air conditioning equipment that contain closed-cell foam but not 
refrigerants that are covered by this reporting program. As part of 
this change, we are also proposing to replace the term ``appliance'' 
with the term ``equipment'' at 40 CFR 98.436(a)(3), (a)(4), (a)(6)(ii), 
(a)(6)(iii), (b)(3), (b)(4), (b)(6)(ii), and (b)(6)(iii). This 
clarification does not subject any new foams to the reporting 
requirements as subpart QQ currently requires the reporting of all 
fluorinated GHG closed-cell foams excluding packaging foam.
    We are proposing to revise the reporting requirements for 40 CFR 
98.436(a)(6)(iii) and (b)(6)(iii) to match the reported data element to 
the units required to be reported. The proposed revision is a change 
from ``mass in CO2e'' to ``density in CO2e.'' The 
units specified for the data elements in the current subpart QQ are kg 
CO2e/cubic foot, and are unchanged in this proposal.\41\
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    \41\ The EPA has proposed a data category and confidentiality 
determination for these revised data elements. See the 
Confidentiality Determinations Memorandum (Docket Id. No. EPA-HQ-
OAR-2012-0934).
---------------------------------------------------------------------------

    We are proposing to amend the definition of ``pre-charged 
electrical equipment component'' at 40 CFR 98.438. The EPA is revising 
the definition to include components charged with any fluorinated 
greenhouse gas. The current definition is limited to components charged 
with SF6 or PFCs. The purpose of this revision is to align 
the definition of a component with that of ``pre-charged electrical 
equipment'' which is defined as containing a fluorinated greenhouse 
gas.
    We are also proposing to remove the following reporting 
requirements to alleviate burden on reporters: 40 CFR 98.436(a)(5), 
(a)(6)(iv), (b)(5), and (b)(6)(iv). These provisions require reporters 
to supply the dates on which pre-charged equipment or closed-cell foams 
were imported or exported. The EPA established these reporting 
requirements to allow the agency to compare these data with shipment 
manifest data from Customs and Border Protection (CBP). The EPA has 
since learned that the data required under this subpart is more 
specific than the data found in the manifests, and has determined that 
the remaining information provided by the facilities is sufficient for 
verification purposes. The EPA can compare total annual imports and 
exports of appliances with reported data without needing date-specific 
information. In addition, the EPA has been made aware of the burden 
created by tracking and reporting each shipment by date. Many importers 
and exporters do not maintain data that include the appliance charge 
and foam type by date of import or export. Some of those that do 
indicated to the EPA that this would result in tens of thousands of 
reports. We do not believe that this level of specificity is necessary 
to understand the net import and export of fluorinated greenhouse gases 
within appliances and closed-cell foams. Given the burden and low 
utility of this data, the EPA is proposing to remove these 
requirements. The EPA is also not proposing any changes to the 
recordkeeping requirements of 40 CFR 98.437 as the current requirements 
do not require the records to be organized by date in this manner. We 
have determined that the current recordkeeping requirements are 
sufficient because they would contain a complete record of imports and 
exports without requiring an aggregation of this data by date.

W. Subpart RR--Geologic Sequestration of Carbon Dioxide

    We are proposing several corrections to subpart RR of Part 98 
(Geologic Sequestration of Carbon dioxide). The more substantive 
corrections, clarifying, and other amendments to subpart RR are 
discussed in this section. Additional minor corrections are discussed 
in the Table of Revisions (see Docket ID No. EPA-HQ-OAR-2012-0934).
    We are proposing to add a requirement for facilities to report the 
standard or method used to calculate the mass or volume of contents in 
containers that is redelivered to another facility without being 
injected into the well.\42\ The addition of this requirement improves 
consistency within subpart RR, as it was previously only required for 
facilities using flow meters but not containers. This new reporting 
element would be used for verification purposes. The proposed data 
element does not require additional data collection or monitoring by 
reporters, and as it is not a significant change, would not add burden 
to reporting entities.
---------------------------------------------------------------------------

    \42\ The EPA has proposed a data category and confidentiality 
determination for this revised data element. See the Confidentiality 
Determinations Memorandum ``Proposed data category assignments and 
confidentiality determinations for (Docket Id. No. EPA-HQ-OAR-2012-
0934).
---------------------------------------------------------------------------

X. Subpart SS--Electrical Equipment Manufacture or Refurbishment

    We are proposing clarifying amendments and other corrections to 
subpart SS of Part 98 (Electrical Equipment Manufacture or 
Refurbishment); the more substantive corrections, clarifying, and other 
amendments to subpart SS are discussed in this section. Additional 
minor corrections to subpart SS are discussed in the Table of Revisions 
(see Docket ID No. EPA-HQ-OAR-2012-0934).
    We are proposing to harmonize 40 CFR 98.453(d) and 40 CFR 
98.453(h), clarifying the options available to estimate the mass of 
SF6 and PFCs disbursed to customers in new equipment. The 
proposed revision does not add a new option, but clarifies the existing 
estimation methods for reporters under subpart SS.
    The EPA intended to provide four options for the calculation of 
SF6 or PFCs charged into equipment or containers that are 
sent to customers; these options are based on how the reporter 
determines the mass of SF6 or PFCs in equipment or 
containers. The

[[Page 19830]]

four options are monitoring the mass flow of the SF6 or PFCs 
into the new equipment or cylinders using a flowmeter; weighing 
containers before and after gas from containers is used to fill 
equipment or cylinders; and using the nameplate capacity of the 
equipment either by itself or together with a calculation of the 
partial shipping charge.
    The proposed changes are designed to correct inconsistencies 
between paragraphs so that all options are clearly identified as 
available. We are proposing to add text to 40 CFR 98.453(d) to include 
the options to use the nameplate capacity of the equipment by itself 
and to use the nameplate capacity along with a calculation of the 
partial shipping charge; these options were inadvertently omitted from 
that paragraph. The provisions of 40 CFR 98.453(h) currently state that 
reporters ``must'' use the nameplate capacity of the equipment, or 
calculate the partial shipping charge, to determine the mass of 
SF6 or PFCs disbursed to customers in new equipment. This is 
inconsistent with the language and intent of 40 CFR 98.453(d), which 
was to provide facilities multiple options for determining the mass 
disbursed. Therefore, we are proposing to revise 40 CFR 98.453(h) to 
clarify that these calculation requirements only apply where reporters 
choose to estimate the mass of SF6 or PFCs disbursed to 
customers in new equipment using the nameplate capacity of the 
equipment, either by itself or together with a calculation of the 
partial shipping charge.

Y. Subpart TT--Industrial Waste Landfills

    We are proposing several amendments to 40 CFR part 98, subpart TT 
to clarify and correct calculation methods, provide additional 
flexibility for certain monitoring requirements, and clarify reporting 
requirements. The more substantive corrections, clarifying, and other 
amendments to subpart TT are discussed in this section. Additional 
minor corrections are discussed in the Table of Revisions (see Docket 
ID No. EPA-HQ-OAR-2012-0934).
    We are proposing to revise the definition of the term 
``DOCF'' in Equation TT-1 when a 60-day anaerobic 
biodegradation test is used. In Equation TT-1, ``DOCF'' is 
defined as the fraction of degradable organic carbon (DOC) that is 
dissimilated to landfill gas. The typical assumption is that half of 
the DOC will be anaerobically dissimilated and therefore, the default 
value for ``DOCF'' currently used in Equation TT-1 is 0.5. 
However, the 60-day anaerobic biodegradation test effectively 
determines the organic carbon content that is anaerobically 
dissimilated, and as such, represents the product of the terms 
``DOCX'' and ``DOCF'' within Equation TT-1. 
Therefore, for facilities using the 60-day anaerobic biodegradation 
test, it can be assumed that all of the measured DOC will be 
dissimilated (as it was during the test), so that ``DOCF'' 
is 1. We are therefore proposing that the DOCF have a 
default value of 1.0 for facilities using the 60-day anaerobic 
biodegradation test.
    We are also proposing similar revisions to Equation TT-7, which is 
used to determine a waste stream-specific DOC value when a facility 
performs a 60-day anaerobic biodegradation test. The DOC value from 
Equation TT-7 is then used as an input to Equation TT-1 for that waste 
stream. Consistent with our proposed revision of the 
``DOCF'' term in Equation TT-1, ``DOCF'' equals 1 
when DOC is determined using the 60-day anaerobic biodegradation test. 
As such the ``1/DOCF'' term in Equation TT-7 must equal to 
1, so there is no need to include this term in the Equation TT-7.
    We are also proposing to delete the term ``1/
(MCDcontrol/MCcontrol)'' from Equation TT-7. This 
term was erroneously included to correct the measured value of the DOC 
(i.e., MCDsample/Msample) for the recovery of the 
control substrate. However, after further review, the EPA determined 
that the recovery of the control substrate is only used to ensure 
quality control of the anaerobic biodegradation test (i.e., to verify 
that the inoculum or sludge from an anaerobic sludge digester used in 
the test is in fact biologically active) and is therefore not 
appropriate to include as a correction term in this equation.
    We are proposing to revise 40 CFR 98.464(b) and (c) to broaden the 
provisions to determine volatile solids concentration for historically 
managed waste streams for the purposes of 40 CFR 98.460(c)(2)(xii) 
(exemption as an inert waste) so that they may also be used for 
determining a site-specific DOC value for historically managed waste 
streams. When we added the 60-day anaerobic biodegradation test in the 
2011 Technical Corrections, Clarifying, and Other Amendments (76 FR, 
73886; November 2011), we had not considered the impact of those 
amendments to this section. We did not intend to prevent facilities 
from using the 60-day anaerobic biodegradation test for similar waste 
streams for determining if a waste stream is inert. Furthermore, if a 
facility tests a similar waste stream and the waste stream is not 
inert, we did not intend to prevent the facility from using that result 
as the DOC value for their waste stream for purposes of calculating 
CH4 generation and ultimately reporting GHG emissions. The 
proposed amendments expand the provisions of this section to 
determining a site-specific DOC value for historically managed waste 
streams both to assess whether the waste stream qualifies as an inert 
waste and to use in Equation TT-1 (even when the waste stream does not 
qualify as inert).
    We are proposing to amend 40 CFR 98.466(b)(1) to clarify that the 
number of waste streams for which Equation TT-1 is used includes the 
number of ``Inert'' waste streams disposed of in the landfill.\43\ 
Although ``Inert'' waste streams have a DOC of 0 and therefore do not 
contribute to the facility's CH4 generation, 40 CFR 
98.463(a) clearly requires the owner or operator to ``Apply Equation 
TT-1 of this section for each waste stream disposed of in the landfill 
* * *'' Therefore, an owner or operator of an industrial waste landfill 
that is required to report the emissions must apply Equation TT-1 to 
their inert waste streams and include these inert waste streams in the 
number reported in 40 CFR 98.466(b)(1).
---------------------------------------------------------------------------

    \43\ The EPA has proposed a data category and confidentiality 
determination for this revised data element. See the Confidentiality 
Determinations Memorandum (Docket Id. No. EPA-HQ-OAR-2012-0934).
---------------------------------------------------------------------------

    As part of the 2011 Technical Corrections, Clarifying, and Other 
Amendments (76 FR, 73886), we amended Equation TT-4 to become Equation 
TT-4a and added Equation TT-4b for the calculation of historical waste 
disposal quantities. However, we neglected to amend the reporting 
requirements specific to Equations TT-4a and TT-4b in 40 CFR 
98.466(c)(4). We also noted that the reporting elements associated with 
Equations TT-4a or TT-4b were not waste-stream specific and therefore 
did not need to be reported for each waste stream as indicated by the 
introduction in 40 CFR 98.466(c). In order to eliminate duplicative 
reporting requirements and to clarify the reporting requirements when 
using Equations TT-4a or TT-4b, we are proposing several amendments to 
40 CFR 98.466(c). First, we are proposing to revise the introductory 
text in 40 CFR 98.466(c) to read ``Report the following historical 
waste information'' rather than ``For each waste stream identified in 
paragraph (b) of this section, report the following information.'' 
Second, we are proposing to move the reporting of the decay rate (k) 
from paragraph (c)(1) to a new paragraph (b)(5) as this reporting

[[Page 19831]]

element is more correctly categorized under ``waste characterization 
and modeling information''; we are specifically indicating that the 
reporting of the decay rate (k) must be made for each waste stream (as 
it was previously). Third, we are proposing to clarify that the 
reporting elements for paragraphs (c)(2) and (c)(3) are for each waste 
stream (as they were under previously). Fourth, we are proposing to 
clarify that the reporting elements for Equation TT-4 are specific to 
reporters using Equation TT-4a; these reporting elements would be 
reported once for the facility's landfill rather than for each waste 
stream. Fifth, we are proposing to add a new paragraph (c)(5) to this 
section to delineate the reporting requirements for reporters using 
Equation TT-4b; these reporting elements would also be reported once 
for the facility's landfill rather than for each waste stream. We are 
also proposing to amend 40 CFR 98.466(d)(3) to read ``For each waste 
stream, the degradable organic carbon * * *'' rather than ``The waste 
stream's degradable organic carbon * * *'' to clarify that these 
reporting elements must be reported for each waste stream. \44\
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    \44\ The EPA is proposing data category assignments and 
confidentiality determinations for the new and substantially revised 
data elements in the Confidentiality Determinations Memorandum 
(Docket Id. No. EPA-HQ-OAR-2012-0934).
---------------------------------------------------------------------------

    To harmonize with the proposed changes to subpart HH, and in order 
to more accurately reflect the amount of methane oxidized in the 
surface soil layer of industrial waste landfills, we are proposing to 
amend the oxidation fraction default value (``OX'') in Equation TT-6. 
Reporters would be referred to newly proposed Table HH-4 to determine 
the value for ``OX'' to be used in Equation TT-6. Please see Section 
II.Q of this preamble for more detailed explanation.
    In addition to adding reporting of the oxidation factor used, we 
are also proposing clarification of the reporting requirements for 
CH4 generation adjusted for oxidation for industrial waste 
landfills with gas collection systems. Under 40 CFR 98.463(b)(1), we 
require all industrial waste landfills reporting under Subpart TT to 
calculate their CH4 generation, adjusted for oxidation, from 
the modeled CH4 (GCH4 from Equation TT-1) using 
Equation TT-6. For landfills without gas collection systems, we then 
require the reporting of the result of this equation in 40 CFR 
98.466(g)(1), which is also the annual CH4 emissions from 
these landfills. For landfills with gas collection systems, we require 
the reporting of the requirements in paragraphs 40 CFR 98.466(a) 
through (f) in addition to 40 CFR 98.346(i). In the cross-reference to 
40 CFR 98.346(i) we inadvertently required facilities to report, under 
40 CFR 98.346(i)(8), their CH4 generation adjusted for 
oxidation based using Equation HH-5 rather than Equation TT-6. While 
these equations appear identical, the modeled CH4 generation 
term is defined as the result of the Equation HH-1 in Equation HH-5 
rather than the result of Equation TT-1 as in Equation TT-6. We never 
intended to have industrial waste landfills that have gas collection 
systems to calculate their modeled CH4 generation using 
Equation HH-1 (with its default DOC and k parameter values associated 
with MSW) rather than using Equation TT-1 (with default DOC and k 
parameter values for industrial wastes). To provide improved clarity in 
the reporting of CH4 generation adjusted for oxidation for 
industrial waste landfills with gas collection systems, we are 
therefore proposing to amend 40 CFR 98.466(h) to read ``For landfills 
with gas collection systems, in addition to the reporting requirements 
in paragraphs (a) through (f) of this section, provide: (1) The annual 
methane generation, adjusted for oxidation, calculated using Equation 
TT-6 of this subpart, reported in metric tons CH4; (2) The 
oxidation factor used in Equation TT-6 of this subpart; and (3) All 
information required under 40 CFR 98.346(i)(1) through (7) and 40 CFR 
98.346(i)(9) through (12).'' \45\
---------------------------------------------------------------------------

    \45\ The EPA has proposed a data category and confidentiality 
determination for the revised data elements of 40 CFR 98.466(h). See 
the Confidentiality Determinations Memorandum (Docket Id. No. EPA-
HQ-OAR-2012-0934).
---------------------------------------------------------------------------

    Finally, we are proposing changes to Table TT-1 of subpart TT of 
Part 98. During implementation of Part 98, a question arose regarding 
the default value for pulp and paper wastes questioning whether the 
2006 IPCC Guidelines recommended value of 0.09 instead should be used 
for wastewater sludges. We reviewed the 2006 IPCC Guidelines as well as 
laboratory test data results for pulp and paper wastewater sludges 
provided by NCASI (see memorandum ``Calculations documenting the 
greenhouse gas emissions from the pulp and paper industry'' from R.A. 
Miner, NCASI, to B. Nicholson, RTI International, dated May 21,2008, in 
Docket ID No. EPA-HQ-OAR-2012-0934). Based on the available data, we 
agree that the industrial sludge default value for DOC of 0.09 appears 
to provide a more accurate estimate of the DOC than the generic 
industry defaults currently provided in the rule. Consequently, we are 
proposing to revise Table TT-1 to include the DOC default value of 0.09 
for ``Industrial Sludge.''
    We are also proposing to revise the titles of the industry specific 
categories in Table TT-1 to note that these industry specific 
parameters apply to the industry waste streams ``(other than sludge).'' 
The addition of the new default DOC value for industrial sludge in 
Table TT-1 also requires the addition of corresponding k-values. The 
2006 IPCC Guidelines do not provide default k-values for industrial 
wastes (sludge or otherwise); the IPCC Waste Model (a spreadsheet tool 
to help implement the 2006 IPCC Guidelines for landfills) uses the same 
k-values for industrial wastes as for bulk MSW. While it is anticipated 
that sludge generated by different industries will have different decay 
rates (and therefore different k-values), we have very little data by 
which to determine industry-specific k-values for the new default 
``Industrial Sludge'' waste type. The k-values for ``Other Industrial 
Solid Waste'' waste type in Table TT-1 were selected based on country-
specific default k-values for bulk MSW in U.S. landfills following the 
general default assumptions used in the IPCC Waste Model. These same k-
values (0.02, 0.04, and 0.06 for dry, moderate, and wet climates, 
respectively) are being proposed as the default k-values for the new 
``Industrial Sludge'' waste type for the same reasons (i.e., based on 
country-specific default k-values for bulk MSW in U.S. landfill 
following general default assumptions used in the IPCC Waste model). We 
specifically request comment from reporters on these proposed k-values 
and we further request that the commenters provide any applicable data 
to support comments.

Z. Subpart UU--Injection of Carbon Dioxide

    We are proposing technical amendments to 40 CFR part 98, subpart UU 
(Injection of Carbon Dioxide) to clarify provisions and improve 
verification of reported GHG data. The more substantive corrections, 
clarifying, and other amendments to subpart UU are discussed in this 
section. Additional minor corrections are discussed in the Table of 
Revisions for this rulemaking (see Docket ID No. EPA-HQ-OAR-2012-0934).
    The EPA is proposing to add a requirement to subpart UU for a 
facility to report the purpose of CO2 injection (i.e., 
Research and Development (R&D) project exemption from subpart RR, 
enhanced oil or gas recovery, acid gas disposal, or some other reason) 
to aid

[[Page 19832]]

the agency in verification of data reported under subpart UU and to 
allow the EPA to understand the nature of the CO2 injection 
operations for the purposes of data analysis to inform policy 
development.\46\ We do not anticipate that this change would 
significantly increase burden for reporters.
---------------------------------------------------------------------------

    \46\ The EPA has proposed category assignments and 
confidentiality determinations for new and revised data elements in 
the Confidentiality Determinations Memorandum (Docket Id. No. EPA-
HQ-OAR-2012-0934).
---------------------------------------------------------------------------

    We are also proposing to add a requirement for facilities to report 
the standard or method used to calculate the parameters for 
CO2 received in containers. This new reporting element will 
be used for verification purposes.\47\ The proposed data element does 
not require additional data collection or monitoring from reporters, 
and as it is not a significant change, will not add burden to reporting 
entities.
---------------------------------------------------------------------------

    \47\ Id.
---------------------------------------------------------------------------

AA. Other Technical Corrections

    In addition to the corrections, clarifying, and other amendments 
proposed in Sections II.A through II.Z of this preamble, we are 
proposing minor corrections to subparts E, G, O, S, V, and II of Part 
98. The proposed changes to these subparts are provided in the Table of 
Revisions for this rulemaking, available in Docket ID No. EPA-HQ-OAR-
2012-0934, and include clarifying requirements to better reflect the 
EPA's intent, corrections to calculation terms or cross-references that 
do not revise the output of calculations, harmonizing changes within a 
subpart (such as changes to terminology), simple typo or error 
corrections, and removal of redundant text.

III. Schedule for the Proposed Amendments

A. When would the proposed amendments become effective?

    The EPA is planning to address the comments on these proposed 
changes and publish any final amendments before the end of 2013. This 
section describes when the proposed amendments would become effective 
for existing reporters and new facilities that could be required to 
report as a result of the proposed amendments to Table A-1 of subpart 
A. This section also discusses proposed amendments to subpart A for the 
use of best available monitoring methods (BAMM) by new reporters and 
for options considered for revising emissions estimates due to the 
change in GWPs for 2010, 2011, and 2012 reports previously submitted by 
existing reporters.
1. Existing Reporters
    We have determined that it would be feasible for existing reporters 
to implement the proposed changes for the 2013 reporting year because 
these changes are consistent with the data collection and calculation 
methodologies in the current rule. The proposed revisions primarily 
provide additional clarifications or flexibility regarding the existing 
regulatory requirements, would not add new monitoring requirements, and 
would not substantially affect the information that must be collected. 
Where calculation equations are proposed to be modified, the changes 
clarify equation terms or simplify the calculations and do not require 
any additional data monitoring. The owners or operators are not 
required to actually submit reporting year 2013 reports until March 31, 
2014, which is several months after we expect a final rule based on 
this proposal to be finalized, thus providing an opportunity for 
reporters to adjust to any finalized amendments.
    We are proposing that existing GHGRP reporters begin using the 
updated GWPs in Tables A-1 for their reporting year 2013 annual 
reports, which must be submitted by March 31, 2014. In keeping with the 
March 15, 2012 UNFCCC decision, the Inventory submitted to the UNFCCC 
in 2015 must use AR4 GWP values (see Section II.A.1.a of this 
preamble). Development of the 2015 Inventory will rely in part on data 
from the GHGRP reports submitted in 2014 to supplement the top-down 
national estimate. Existing GHGRP reporters would also begin 
calculating facility GHG emissions or supply using the proposed GWPs 
for the additional F-GHGs discussed in Section II.A.1.c of this 
preamble for their reporting year 2013 annual reports. The proposed 
amendments would pose a minimal burden to existing reporters. Part 98 
already requires that existing reporters report these F-GHGs in metric 
tons of chemical emitted or supplied.\48\ Therefore, facilities are 
already collecting information on emissions and supply for these 
substances, and in some cases have provided GWP estimates for these 
compounds. Furthermore, the proposed amendments only provide a factor 
to convert emissions to CO2e, and do not change the type of 
data collected. The EPA also does not anticipate that the proposed GWPs 
would require any existing reporters to report under new subparts; such 
a reporter, if one exists, would not be required to report for any past 
years under any subparts for which the reporter's emissions newly 
exceed a reporting threshold. Therefore, we anticipate that there is no 
significant burden for existing reporters to use the proposed GWP 
values for reporting year 2013.
---------------------------------------------------------------------------

    \48\ The sole exception is Subpart L, under which the 
requirement to report these F-GHGs on a mass basis is deferred for 
reporting years 2011 and 2012 (and 2013, under this proposal), but 
reporters are required to keep records of the data and calculations 
used to estimate aggregate emissions in CO2e for the 
entire facility (77 FR 51477, August 24, 2012).
---------------------------------------------------------------------------

    In some cases we are proposing revisions to reporting requirements 
to clarify requirements or to make harmonizing changes within a subpart 
or between subparts under Part 98. The EPA anticipates that the 
proposed reporting requirements are either already being collected by 
reporters or would be readily available to reporters. For example, we 
are revising reporting requirements to 40 CFR part 98, subpart A to 
include additional data for identification purposes, such as the 
latitude and longitude for facilities without a physical address, or 
the ORIS code for power generation units (an identifier assigned by the 
Energy Information Administration). In the case of 40 CFR part 98, 
subpart K (Ferroalloy Production), we are proposing to add a 
requirement to report the annual process CH4 emissions (in 
metric tons) from each EAF where the carbon mass balance procedure is 
used to measure emissions. This reporting requirement is an aggregate 
of data that is currently being monitored from each EAF. Similarly, 
under 40 CFR part 98, subpart Y (Petroleum Refineries), we are 
clarifying the reporting requirements by adding a provision to specify 
that when the process vent calculation method using Equation Y-19 is 
used to calculate emissions for asphalt blowing operations or delayed 
coking units, the facility must report the information required under 
40 CFR 98.256(l)(5), which are the reporting requirements for process 
vents. This is a clarification of the reporting parameters required 
when an alternate calculation methodology is used. In the case of 40 
CFR part 98, subpart Z (Phosphoric Acid Production), we are proposing 
to require reporting of the number of times missing data procedures 
were used to estimate CO2 content. Because the proposed 
changes to these subparts would not require new monitoring or data 
collection but could be determined from existing monitoring and 
recordkeeping, the EPA has determined that it would be feasible to 
include these

[[Page 19833]]

new reporting requirements in 2013 reports.
    In the case of subpart N (Glass Production), we are proposing to 
revise the monitoring methods used to measure carbonate-based mineral 
mass-fractions to allow for more accurate measurement methods and to 
add flexibility for reporters. The proposed amendments would specify 
that reporters determining the carbonate-based mineral mass fraction 
must use sampling methods that specify X-ray fluorescence, instead of 
the current methods that use inductively coupled plasma or atomic 
absorption. For measurements made in the emission reporting year 2013 
or prior years, reporters would continue to have the option to use the 
current monitoring methods in Part 98. This change would allow 
reporters flexibility in choosing a sampling method (since multiple X-
ray fluorescence methods are available) while ensuring that more 
accurate available measurement methods are applied in future reporting 
years. These facilities would have the option, but not be required, to 
use the newly proposed option for the reporting year 2013 reports 
submitted to the EPA in 2014.
    In some cases, we are proposing to require reporting of additional 
data elements to improve verification of the reported GHGs emitted or 
supplied. For example, for 40 CFR part 98, subpart FF (Underground Coal 
Mines), we are proposing to substantiate the data collected for 
identification of each well and shaft by adding a requirement to report 
the start date and close date of each well or shaft and the number of 
days the well or shaft was in operation during the reporting year. In 
the case of subpart UU (Injection of Carbon Dioxide), we are proposing 
to require reporting of the purpose of CO2 injection, 
whether the facility received a Research and Development project 
exemption from reporting under subpart RR of Part 98 for the reporting 
year, and the start and end dates of the exemption, if applicable. The 
proposed changes would not significantly burden reporters or affect 
reporting year 2013 reports because this information is expected to be 
readily available to reporters as part of their standard recordkeeping 
and would not require additional monitoring or recordkeeping for 2013 
reports.
    In the case of 40 CFR part 98, subpart NN (Suppliers of Natural Gas 
and Natural Gas Liquids), we are proposing a change to Equation NN-5 to 
better reflect actual operating conditions. We are proposing to replace 
Equation NN-5 with two equations, NN-5a and NN-5b, with harmonizing 
changes to Equation NN-6. The proposed equations would allow for the 
use of different emission factors for natural gas that is stored and 
for natural gas that bypasses the city gate, such as natural gas 
received from local production. We are proposing harmonizing changes to 
the reporting requirements to specify the quantity of gas that bypasses 
the city gate and the net quantity of gas that is placed into or 
withdrawn from on-system storage during the reporting year. The 
proposed changes do not substantially revise the calculation 
methodology, but are changes that would provide more accurate GHG 
estimates in situations where the LDC receives several different 
streams of natural gas with different characteristics. Furthermore, the 
proposed changes do not revise the information that must be collected 
for recordkeeping or reporting. Therefore, we have concluded that under 
the proposed amendments, existing sources could use the same 
information that they have been collecting under the current Part 98 
and readily available information for each subpart to determine 
applicability and to calculate and report GHG emissions for reporting 
year 2013.
    The EPA specifically seeks comment on the conclusion that it is 
appropriate to implement these amendments and incorporate the 
requirements in the data reported to the EPA by March 31, 2014. 
Further, we specifically seek comment on whether there are specific 
subparts or amendments for which this timeline may not be feasible or 
appropriate due to the nature of the proposed changes or the way in 
which data have been collected thus far. We request that commenters 
provide specific examples of how and why the proposed implementation 
schedule would not be feasible.
2. New Reporters
    As a result of the proposed amendments to the GWPs in Table A-1 of 
subpart A, some facilities that were never previously required to 
report under Part 98 may be required to report (see Section V.A of this 
preamble). Given that a final rule based on this proposed rule would 
not be finalized until the second half of 2013, we have determined that 
it would not be feasible for these new facilities to acquire, install, 
and calibrate monitoring equipment, collect data, and implement these 
changes for reporting year 2013. Therefore, we are proposing that new 
reporters who would be required to report under Part 98 as a result of 
the proposed changes to Table A-1 would begin collecting data on 
January 1, 2014 for the 2014 reporting year. New reporters would be 
required to submit their first reports, covering the 2014 reporting 
year, on March 31, 2015. The intended schedule (including publication 
of any final rule by the end of 2013) would allow time for new 
reporters to acquire, install, and calibrate monitoring equipment for 
the 2014 reporting year.
    We are also proposing to add provision 40 CFR 98.3(l) to subpart A 
to allow new reporters who would be required to report as a result of 
the proposed new or revised GWPs to have the option of using BAMM from 
January 1, 2014 to March 31, 2014 for any parameter that cannot 
reasonably be measured according to the monitoring and QA/QC 
requirements of a relevant subpart. The EPA understands that because 
any final rule based on this proposal likely would not be promulgated 
until the fall of 2013, facilities that do not already have the 
monitoring systems required by the rule in place might not have time to 
install and begin operating them by January 1, 2014. Therefore, we are 
proposing that reporters be allowed to use BAMM during the January 1, 
2014 to March 31, 2014 time period without formal request to the EPA. 
Reporters would also have the opportunity to request an extension for 
the use of BAMM beyond March 31, 2014; those owners or operators must 
submit a request to the Administrator by 60 days after the effective 
date of the final rule. The EPA anticipates granting approval for BAMM 
no later than December 31, 2014. The EPA has concluded that the time 
period allowed under this schedule (including the provision for 
facility-specific requests) is reasonable and will allow facilities 
that do not currently have the required monitoring systems sufficient 
time to begin implementing the monitoring methods required by the rule. 
The proposed schedule would allow approximately six months to prepare 
for data collection, which is consistent with existing BAMM provisions 
provided under subpart A of Part 98. By allowing the additional time, 
many facilities may also be able to install any necessary equipment 
during other planned (or unplanned) process unit downtime, thus 
avoiding process interruptions.

B. Options Considered for Revision and Republication of Emissions 
Estimates for Prior Year Reports

    The EPA is proposing to independently recalculate revised 
CO2e emissions from the 2010, 2011, and 2012 reporting year 
emissions or supply for each facility using the revised GWPs in Table 
A-1. We considered two

[[Page 19834]]

options for revising the CO2e emission estimates from annual 
reports for reporting years 2010, 2011, and 2012 using the proposed GWP 
values in Table A-1. Revision of CO2e emission estimates in 
reports for years 2010, 2011, and 2012, either by reporters or by the 
EPA, would allow for the comparison of emission data submitted for 
those reporting years with data submitted in 2013 and future reporting 
years and ensure that published annual GHG reports are based on a 
common metric. This would allow the EPA and the public to more 
efficiently analyze changes in GHG emissions and industry trends in a 
time series.
    Option 1: Under this option, which is not preferred by EPA, 
reporters who have submitted annual reports for the reporting years 
2010, 2011, and 2012 would be required to resubmit their prior year 
reports using the revised GWPs. Under this option, reporters would use 
the built-in calculation methods in the EPA's Electronic Greenhouse Gas 
Reporting Tool (e-GGRT) to convert reported quantities of GHGs to 
CO2e per the requirements of 40 CFR 98.2(b)(4).\49\ To 
adjust prior year reports, the system would recalculate facility GHG 
emissions using the revised GWP values in Table A-1, yielding a new 
CO2e for each GHG in the annual report.\50\ Reporters would 
then recertify and sign the reports as required by 40 CFR 98.4(e) and 
resubmit the reports through e-GGRT.
---------------------------------------------------------------------------

    \49\ For reporters using the e-GGRT web forms, the system 
currently automatically applies the GWP values in Table A-1 of 
subpart A to reported facility emissions (metric tons) to convert 
emissions to CO2e, according to the requirements of 
Subpart A (General Provisions).
    \50\ For reporters using the XML schema to submit annual GHG 
reports, reporters would apply the revised GWP values in Table A-1 
of subpart A in their submitted XML reports to recalculate emission 
or supply estimates, following the XML reporting instructions 
provided through e-GGRT. For these reporters, the system would 
validate the CO2e estimates provided in the XML report 
against automatically calculated e-GGRT values, using the revised 
GWPs in Table A-1.
---------------------------------------------------------------------------

    The proposed revised GWP values in Table A-1 will likely result in 
changes to the CO2e estimates of GHGs emitted or supplied in 
previous reporting years. In most cases, this will result in higher 
estimates of CO2e emitted or supplied, rather than lower 
estimates. Reporters may desire to review and certify the revised 
emission estimates prior to data publication by the EPA. So we have 
included this option for comment. This option would give reporters 
greater control over the republication of their data, and emission or 
supply totals would be certified by reporters. However, this option 
would present an additional burden on reporters. The EPA calculates 
that existing reporters would incur a total one-time cost of $3.5 
million for resubmittal and recertification of 2010, 2011, and 2012 
reports. This represents a one-time cost for 2010 reporters of $347 per 
facility for the resubmittal of 2010, 2011, and 2012 reports, and a 
cost of $231 per facility for 2011 reporters for the resubmittal of 
2011 and 2012 reports. In addition, the EPA recognizes that some 
facilities may no longer be required to report under Part 98 or may 
have ceased operations. Obtaining revised emissions estimates from 
these facilities could be difficult; therefore, the EPA may not be able 
to revise the complete data set for prior reporting years. For these 
reasons, the EPA does not prefer this option.
    Option 2: The EPA would independently recalculate revised 
CO2e emissions from the 2010, 2011, and 2012 reporting year 
emissions or supply for each facility using the revised GWPs in Table 
A-1. Under this scenario, through e-GGRT, each reporter would be able 
to see the EPA's revision of its emission or supply totals in 
previously submitted 2010, 2011, and 2012 reports before that 
information is publically available. However, although the reporter 
would be able to view the estimate, the reporter would not be able to 
comment on or change the revised estimate. The EPA would publish the 
revised estimates with a caveat explaining how the estimates were 
obtained and explaining that the emission values are not those 
submitted and certified by reporters. While the calculation is very 
straightforward for most reporters, because subpart L reporters have 
not reported the specific compounds that make up their emissions, there 
could be some uncertainty associated with the revisions to subpart L 
emission data if option 2 is selected.
    This option would allow the EPA to publish revised emission and 
supply totals without increasing burden on reporters. This option would 
remove the need for reporters to resubmit and recertify revised 
reports. However, Option 2 would not give reporters the opportunity to 
provide feedback on their individual revised emissions or supply 
totals, or allow them to certify the amended totals at any point before 
or after republication. As reporters would be unable to submit revised 
emission estimates or comment on the estimation methods used to 
calculate the updated CO2e totals, they would have less 
control over the revised data. Although Option 1 would give reporters 
more input in the revised emission or supply totals provided to the 
public, we do not anticipate that the benefits of requiring data 
resubmission and certification would justify the increased burden on 
reporters discussed above. Option 2 would not present any additional 
burden for reporters. Option 2 would allow the EPA to publish revised 
emission and supply totals for all facilities which submitted a report 
for 2010, 2011, and 2012, including facilities which have ceased 
operations or which are no longer required to report. This approach 
would allow the EPA to reconstruct the complete data set for prior year 
reports for comparison to data reported for 2013 and future years. In 
light of these considerations, the EPA prefers Option 2. The EPA seeks 
comment on the two options. Specifically, we request comment on the 
need for review and certification of revised emission estimates by 
reporters and whether revised calculations prepared by the EPA, as 
proposed in Option 2, would be sufficient for publication.

IV. Confidentiality Determinations

A. Overview and Background

    In this notice we are proposing confidentiality determinations for 
the new or substantially revised reporting data elements (i.e., the 
data required to be reported would change under the proposed revision) 
in the proposed subpart rule amendments, except for inputs to 
equations.\51\ For information on the history of confidentiality 
determinations for Part 98 data elements, see the following notices:
---------------------------------------------------------------------------

    \51\ As discussed later in the preamble, we propose to assign 
certain new or substantially revised data elements to the ``inputs 
to emission equations'' category but do not propose confidentiality 
determinations for these data elements.
---------------------------------------------------------------------------

     75 FR 39094, July 7, 2010; hereafter referred to as the 
``July 7, 2010 CBI proposal.'' Describes the data categories EPA 
developed for the Part 98 data elements.
     76 FR 30782, May 26, 2011; hereafter referred to as the 
``2011 Final CBI Rule.'' Assigned data elements to data categories and 
published the final CBI determinations for the data elements in 34 Part 
98 subparts, except for those data elements that were assigned to the 
``Inputs to Emission Equations'' data category.
     77 FR 48072, August 13, 2012, hereafter referred to as 
``2012 Final CBI Determinations Rule.'' Finalized confidentiality 
determinations for data elements to be reported under nine subparts I, 
W, DD, QQ, RR, SS, UU; except for those data elements that are inputs 
to emission equations, and finalized confidentiality determinations for 
new data elements added to subparts

[[Page 19835]]

II and TT in the November 29, 2011 Technical Corrections Notice (76 FR 
73886).
     77 FR 51477, August 24, 2012; hereafter referred to as the 
``2012 Technical Corrections and Subpart L Confidentiality 
Determinations.'' Finalized confidentiality determinations for new data 
elements added to subpart L.
    In this action, the EPA is proposing confidentiality determinations 
for new or substantially revised data elements. The new and 
substantially revised data elements result from the proposed 
corrections, clarifying, and other amendments that are described in 
Section II of this preamble. These proposed confidentiality 
determinations would be finalized based on public comment. The EPA 
currently plans to finalize these determinations at the same time the 
proposed rule amendments described in Sections II and III of this 
preamble are finalized. We are not proposing new confidentially 
determinations for data reporting elements that may be minimally 
revised for clarification or to correct insignificant errors, where the 
change does not require an additional or different data element to be 
reported. The final confidentiality determinations the EPA has 
previously made for these data elements are unaffected by this proposed 
amendment and continue to apply.

B. Approach to Proposed Confidentiality Determinations for New or 
Substantially Revised Data Elements

    In this action, we are proposing to add or substantially revise 
data reporting requirements in subparts A, H, K, X, Y, Z, AA, FF, HH, 
NN, QQ, RR, TT, and UU. We propose to assign each of the newly proposed 
or substantially revised data elements in these subparts to one of the 
direct emitter or supplier data categories created in the 2011 Final 
CBI Rule (76 FR 30782, May 26, 2011). In the 2011 Final CBI Rule, the 
EPA made categorical confidentiality determinations for data elements 
assigned to eight direct emitter data categories and eight supplier 
data categories. For two direct emitter data categories, ``Unit/Process 
`Static' Characteristics that Are Not Inputs to Emission Equations'' 
and ``Unit/Process Operating Characteristics that Are Not Inputs to 
Emission Equations,'' the EPA determined in the 2011 Final CBI Rule 
that the data elements assigned to those categories are not emission 
data but did not make categorical CBI determinations. Rather, the EPA 
made CBI determinations for individual data elements assigned to these 
two data categories. Similarly, for three supplier data categories, 
``GHGs Reported,'' ``Production/Throughput Quantities and 
Composition,'' and ``Unit/Process Operating Characteristics,'' the EPA 
determined in the 2011 Final CBI Rule that the data elements assigned 
to those categories are not emission data but did not make categorical 
CBI determinations; instead the EPA made CBI determinations for 
individual data elements assigned to these two data categories. In 
subsequent amendments to Part 98,\52\ the EPA assigned each new or 
substantially revised data element to an appropriate data category 
created in the 2011 Final CBI Rule and applied the categorical 
confidentiality determination if one was established in the 2011 Final 
CBI Rule. If a data element was assigned to one of the two direct 
emitter or three supplier data categories identified above that do not 
have categorical determinations, the EPA made individual CBI 
determinations. With respect to data elements for which the revisions 
did not change the type of data to be reported, their categorical 
assignments and confidentiality determinations (whether categorical or 
individual determinations) are not affected by this proposed amendment 
and therefore remain unchanged. The EPA did not make final 
confidentiality determinations for data elements assigned to the inputs 
to emission equations category either in the 2011 Final CBI rule or any 
subsequent Part 98 rulemaking. We are following the same approach in 
this proposed rule. Specifically, we are proposing to assign new or 
substantially revised data elements in the proposed amendments to the 
appropriate direct emitter or supplier data category.\53\ For new or 
substantially revised data elements being assigned to categories with 
categorical confidentiality determinations, we propose to apply the 
categorical determinations made in the 2011 Final CBI Rule to the 
assigned data elements. For new or substantially revised reporting 
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'' direct 
emitter data categories or the ``Unit/Process Operating 
Characteristics'' supplier data categories, consistent with our 
approach toward data elements previously assigned to these data 
categories, we propose that these data elements are not emission data, 
and are making individual CBI determinations for the data elements in 
these categories.
---------------------------------------------------------------------------

    \52\ See, e.g., 77 FR 48072 (August 13, 2012) and 77 FR 51477 
(August 24, 2012).
    \53\ Proposed determination is not needed for two data elements 
proposed for subpart Y (40 CFR 98.256(j)(10) and 40 CFR 
98.256(k)(6)), because they refer to an existing data element (40 
CFR 98.256(l)(5)) for which a CBI determination has already been 
finalized.
---------------------------------------------------------------------------

    Please see the memorandum titled ``Proposed data category 
assignments and confidentiality determinations for new and 
substantially revised data elements in the proposed `2013 Revisions to 
the Greenhouse Gas Reporting Rule and Confidentiality Determinations 
for New or Substantially Revised Data Elements' '' (``Confidentiality 
Determinations Memorandum'') in Docket EPA-HQ-OAR-2012-0934 for a list 
of the proposed new or substantially revised data elements, their 
proposed category assignments, and their proposed confidentiality 
determinations (whether categorical or individual) except for those 
assigned to the inputs to equations category. Section IV.C of this 
preamble discusses the proposed CBI determinations and supporting 
rationale for individual data elements.

C. Proposed Confidentiality Determinations for Individual Data Elements 
in Two Direct Emitter Data Categories and Two Supplier Data Categories

    The EPA is proposing individual CBI determinations for 16 data 
elements assigned to the ``Unit/Process `Static' Characteristics that 
Are Not Inputs to Emission Equations'', ``Unit/Process Operating 
Characteristics that Are Not Inputs to Emission Equations'' direct 
emitter data categories and the ``Production/Throughput Quantities and 
Composition'' and ``Unit/Process Operating Characteristics'' supplier 
data categories. (There are no new data elements proposed to be 
assigned to the ``GHGs Reported'' supplier data category.) These data 
elements consist of three new data elements in the direct emitter 
subpart FF and eight in the supplier subpart UU. We are also proposing 
individual CBI determinations for five substantially revised data 
elements in the subparts Z, NN, TT, and QQ. Table 9 of this preamble 
provides the category assignment and proposed rationale for the 
proposed determinations.

[[Page 19836]]



    Table 9--Data Elements Proposed To Be Assigned to Data Categories Without Categorical Determinations and
                        Proposed CBI Determinations (Subparts Z, NN, FF, QQ, TT, and UU)
----------------------------------------------------------------------------------------------------------------
                                   New or revised data                               Rationale for the proposed
            Citation                     element               Data element              CBI determination
----------------------------------------------------------------------------------------------------------------
    Data Elements Proposed To Be Assigned to the ``Unit/process Static Characteristics That Are Not Inputs to
                                Emission Equations'' Direct Emitter Data Category
----------------------------------------------------------------------------------------------------------------
98.266(b)......................  Revised...............  Annual phosphoric acid    We are not proposing a
                                                          production capacity.      determination for this data
                                                                                    element at this time. This
                                                                                    data element is being
                                                                                    revised from ``permitted
                                                                                    production capacity'' to
                                                                                    ``production capacity''. As
                                                                                    discussed in the 2011 Final
                                                                                    CBI Rule (76 FR 30782), the
                                                                                    EPA reviewed available
                                                                                    capacity information in the
                                                                                    ``Unit/process Static
                                                                                    Characteristics that Are Not
                                                                                    Inputs to Emission
                                                                                    Equations'' data category
                                                                                    and determined that these
                                                                                    data elements may not be
                                                                                    publically available for all
                                                                                    facilities and may be
                                                                                    competitively sensitive.
                                                                                    Revising the current data
                                                                                    element to ``production
                                                                                    capacity'' would require
                                                                                    reporting of actual
                                                                                    production capacity in lieu
                                                                                    of permitted production
                                                                                    capacity. Although this
                                                                                    information in some cases is
                                                                                    publicly available (e.g.,
                                                                                    Title V permits, NEI), this
                                                                                    data may still be
                                                                                    competitively sensitive for
                                                                                    other facilities. No
                                                                                    determination is being
                                                                                    proposed at this time; case-
                                                                                    by-case determinations will
                                                                                    be made when necessary.
----------------------------------------------------------------------------------------------------------------
  Data Elements Proposed To Be Assigned to the ``Unit/process Operating Characteristics That Are Not Inputs to
                                Emission Equations'' Direct Emitter Data Category
----------------------------------------------------------------------------------------------------------------
98.326(r)(2)...................  New...................  Start date of each well   We are proposing that these
                                                          and shaft.                data elements are not
                                                                                    emission data and not CBI.
                                                                                    These proposed data elements
                                                                                    would provide additional
                                                                                    identification and
                                                                                    descriptive information for
                                                                                    each well or shaft.
98.326(r)(2)...................  New...................  Close date of each well
                                                          and shaft..
98.326(r)(3)...................  New...................  Number of days each well  These data elements reveal
                                                          or shaft was in           general information about
                                                          operation during the      the operating
                                                          reporting year.           characteristics of the
                                                                                    reporting facility and would
                                                                                    be assigned to the ``Unit/
                                                                                    process Operating
                                                                                    Characteristics that Are Not
                                                                                    Inputs to Emission
                                                                                    Equations'' data category.
                                                                                    We are proposing that these
                                                                                    data elements not be
                                                                                    considered CBI because they
                                                                                    characterize the total
                                                                                    operation period of each
                                                                                    well or shaft. None of these
                                                                                    data elements reveal
                                                                                    information regarding the
                                                                                    production characteristics
                                                                                    or production rates of any
                                                                                    individual well or shaft.
                                                                                    Furthermore, these data
                                                                                    elements are generally
                                                                                    publicly available. For
                                                                                    example, facilities
                                                                                    currently report shaft
                                                                                    operating periods to the
                                                                                    Mine and Safety Health
                                                                                    Administration (MSHA).
                                                                                    Additionally, facilities are
                                                                                    often required to report
                                                                                    well operation periods to
                                                                                    state agencies for other
                                                                                    regulatory purposes.
                                                                                    Therefore, these data
                                                                                    elements are not anticipated
                                                                                    to be sensitive information
                                                                                    and public disclosure of
                                                                                    these data elements is not
                                                                                    likely to cause substantial
                                                                                    competitive harm to the
                                                                                    reporting facility.
98.466(b)(1)...................  Revised...............  The number of waste       We are proposing that this
                                                          streams for which         data element is not emission
                                                          Equation TT-1 is used.    data and not CBI. This data
                                                                                    element is being revised to
                                                                                    include ``inert'' waste
                                                                                    streams. The addition of
                                                                                    ``inerts'' to the reporting
                                                                                    requirement clarifies that
                                                                                    inert waste streams must be
                                                                                    reported in the total number
                                                                                    of waste streams used to
                                                                                    calculate modeled CH4
                                                                                    generation, which may change
                                                                                    the value reported. This
                                                                                    data element does not
                                                                                    disclose any information
                                                                                    about the design or
                                                                                    operating characteristics of
                                                                                    production processes,
                                                                                    historical production
                                                                                    volumes, or any other
                                                                                    production related
                                                                                    information about the
                                                                                    landfill that competitors
                                                                                    could use to discern
                                                                                    sensitive information.
                                                                                    Therefore we are proposing a
                                                                                    determination of ``not
                                                                                    emission data and not CBI''.
----------------------------------------------------------------------------------------------------------------
 Data Elements Proposed To Be Assigned to the ``Production/Throughput Quantities and Composition'' Supplier Data
                                                    Category
----------------------------------------------------------------------------------------------------------------
98.406(b)(2)...................  Revised...............  LDCs: Annual volume of    We are proposing that this
                                                          natural gas placed into   data element is not CBI. The
                                                          storage.                  change to this data element
                                                                                    is proposed in order to
                                                                                    harmonize the reported data
                                                                                    with the change to the
                                                                                    equations in subpart NN. The
                                                                                    change clarifies that the
                                                                                    volume to be reported is the
                                                                                    volume referenced as Fuel1
                                                                                    in the Equation NN-5a. The
                                                                                    volume reported is not
                                                                                    expected to change as a
                                                                                    result of the proposed
                                                                                    revision. As discussed in
                                                                                    the 2011 Final CBI Rule, the
                                                                                    EPA does not consider LDC-
                                                                                    level production/throughput
                                                                                    data as CBI because many of
                                                                                    the same data elements are
                                                                                    already collected and
                                                                                    released annually by the
                                                                                    Energy Information
                                                                                    Administration (EIA).
                                                                                    Therefore, we are proposing
                                                                                    that the data element is not
                                                                                    CBI.

[[Page 19837]]

 
98.436(a)(6)(iii)..............  Revised...............  If the reporter does not  We are proposing that these
                                                          know the identity and     data elements are CBI. These
                                                          the mass of the F-GHGs    data elements were
                                                          within the closed cell    previously assigned to the
                                                          foam: For closed cell     ``Production/Throughput
                                                          foams that are not        Quantities and Composition''
                                                          imported inside of        data category and assigned a
                                                          equipment, the density    ``CBI'' determination in the
                                                          in CO2e of the F-GHGs     2012 Final CBI
                                                          in the foam.              Determinations Rule. The
                                                                                    proposed change to these
                                                                                    data elements is a
                                                                                    correction to match the
                                                                                    reported data element to the
                                                                                    units required to be
                                                                                    reported. The change
                                                                                    proposed is a change from
                                                                                    ``mass in CO2e'' to
                                                                                    ``density in CO2e''. The
                                                                                    units specified for the data
                                                                                    element are kg CO2e/cubic
                                                                                    foot, and are unchanged in
                                                                                    this proposal. These data
                                                                                    elements reveal importer-
                                                                                    and exporter-level
                                                                                    production information
                                                                                    (density of the fluorinated
                                                                                    gas within the foam) and the
                                                                                    disclosure of these data
                                                                                    elements would likely cause
                                                                                    substantial harm to the
                                                                                    competitive positions of
                                                                                    businesses reporting these
                                                                                    data. Therefore, we are
                                                                                    proposing to assign these
                                                                                    elements to the ``Production/
                                                                                    Throughput Quantities and
                                                                                    Composition'' data category
                                                                                    and a determination that the
                                                                                    data element is CBI.
----------------------------------------------------------------------------------------------------------------
98.436(a)(6)(iii)..............  Revised...............  If the reporter does not
                                                          know the identity and
                                                          the mass of the F-GHGs
                                                          within the closed cell
                                                          foam: For closed cell
                                                          foams that are not
                                                          exported inside of
                                                          equipment, the density
                                                          in CO2e of the F-GHGs
                                                          in the foam.
----------------------------------------------------------------------------------------------------------------
 Data Elements Proposed To Be Assigned to the ``Unit/Process Operating Characteristics'' Supplier Data Category
----------------------------------------------------------------------------------------------------------------
98.476(e)(1)...................  New...................  Whether the facility      These data elements reveal
                                                          received a Research and   general information about
                                                          Development project       the operating
                                                          exemption from            characteristics of the
                                                          reporting under 40 CFR    reporting facility and are
                                                          part 98, subpart RR for   proposed to the ``Unit/
                                                          the reporting year.       Process Operating
                                                                                    Characteristics'' supplier
                                                                                    data category. We are
                                                                                    proposing that these data
                                                                                    elements are not CBI. These
                                                                                    proposed data elements are
                                                                                    based on the compliance
                                                                                    requirements for R&D
                                                                                    facilities under subpart RR
                                                                                    that are not considered
                                                                                    sensitive information by the
                                                                                    EPA. We are proposing that
                                                                                    these data elements are non-
                                                                                    CBI because they would not
                                                                                    reveal any information about
                                                                                    production quantities,
                                                                                    process, or specific R&D
                                                                                    projects that could cause
                                                                                    competitive harm, but only
                                                                                    provide information about
                                                                                    whether the facility
                                                                                    received an approved
                                                                                    exemption from other subpart-
                                                                                    specific requirements under
                                                                                    Part 98 and the duration of
                                                                                    the exemption.
98.476(e)(1)...................  New...................  If you received a
                                                          Research and
                                                          Development project
                                                          exemption from
                                                          reporting under 40 CFR
                                                          part 98, subpart RR for
                                                          the reporting year, the
                                                          start date of the
                                                          exemption.
98.476(e)(1)...................  New...................  If you received a
                                                          Research and
                                                          Development project
                                                          exemption from
                                                          reporting under 40 CFR
                                                          part 98, subpart RR for
                                                          the reporting year, the
                                                          end date of the
                                                          exemption.
98.476(e)(2)...................  New...................  Whether the facility      The proposed data elements
                                                          includes a well or        would reveal general
                                                          group of wells where a    information about the
                                                          CO2 stream was injected   operating characteristics of
                                                          into subsurface           the reporting facility and
                                                          geologic formations to    would be assigned to the
                                                          enhance the recovery of   ``Unit/Process Operating
                                                          oil during the            Characteristics'' supplier
                                                          reporting year.           data category, which contain
                                                                                    similar data elements. We
                                                                                    are proposing that these
                                                                                    data elements are not CBI.
                                                                                    The proposed data elements
                                                                                    would provide additional
                                                                                    information on the purpose
                                                                                    of the CO2 injection on a
                                                                                    facility-wide basis. The
                                                                                    proposed data elements would
                                                                                    not reveal any specific
                                                                                    information about the
                                                                                    quantities of CO2 received
                                                                                    or injected at specific
                                                                                    wells or information about
                                                                                    the production that could
                                                                                    cause competitive
                                                                                    disadvantage. We are
                                                                                    proposing that these data
                                                                                    elements are not considered
                                                                                    CBI because they do not
                                                                                    reveal any detailed
                                                                                    information that is likely
                                                                                    to cause competitive harm if
                                                                                    publicly released.

[[Page 19838]]

 
98.476(e)(3)...................  New...................  Whether the facility
                                                          includes a well or
                                                          group of wells where a
                                                          CO2 stream was injected
                                                          into subsurface
                                                          geologic formations to
                                                          enhance the recovery of
                                                          natural gas during the
                                                          reporting year.
98.476(e)(4)...................  New...................  Whether the facility
                                                          includes a well or
                                                          group of wells where a
                                                          CO2 stream was injected
                                                          into subsurface
                                                          geologic formations for
                                                          acid gas disposal
                                                          during the reporting
                                                          year.
98.476(e)(5)...................  New...................  Whether the facility
                                                          includes a well or
                                                          group of wells where a
                                                          CO2 stream was injected
                                                          for a purpose other
                                                          than those listed in
                                                          (e)(1)through (4) of 40
                                                          CFR 98.476.
98.476(e)(5)...................  New...................  The purpose of the
                                                          injection, if you
                                                          injected CO2 for a
                                                          purpose of than those
                                                          listed in paragraph
                                                          (e)(1) through (4) of
                                                          40 CFR 98.476.
----------------------------------------------------------------------------------------------------------------

D. Proposed New Inputs to Emission Equations

    As discussed in Section IV.C of this preamble, the EPA is proposing 
category assignment for the new and substantially revised data 
elements. As shown in the Confidentiality Determinations Memorandum 
(see Docket Id. No. EPA-HQ-OAR-2012-0934), the EPA is proposing to 
assign 13 new data elements to the ``inputs to emission equations 
category'': Two in subpart FF, five in subpart HH, and six in subpart 
TT. The EPA had previously deferred the reporting deadlines for inputs 
to emissions equations until March 2013 for some data elements and 
March 2015 for others to allow EPA sufficient time to conduct an ``in-
depth evaluation of the potential impact from the release of inputs to 
equations'' (76 FR 53057 and 53060, August 25, 2011); (77 FR 48072, 
August 13, 2012). We are not proposing to defer the reporting of these 
13 data elements. The EPA has conducted an evaluation of these inputs 
following the process outline in the memorandum ``Process for 
Evaluating and Potentially Amending Part 98 Inputs to Emission 
Equations'' (Docket ID EPA-HQ-OAR-2010-0929), which accompanied the 
Final Deferral Rule (76 FR 53057). This evaluation is summarized in the 
memorandum ``Summary of Evaluation of `Inputs to Emission Equations' 
Data Elements Proposed to be Added with the 2013 Revisions to the 
Greenhouse Gas Reporting Rule.'' (See Docket ID No. EPA-HQ-OAR-2012-
0934.) Because the EPA has completed the above mentioned evaluation for 
these 13 data elements, EPA does not see a need to defer their 
reporting. Accordingly, under this proposed amendment, these data 
elements would be reported in 2014 along with the rest of the proposed 
changes.

E. Request for Comments on Proposed Category Assignments and 
Confidentiality Determinations

    For the CBI component of this rulemaking, we are soliciting comment 
on the following specific issues. First, we specifically seek comment 
on the proposed data category assignment for each of the new or 
substantially revised data elements in the proposed amendments to 
subparts A, H, K, X, Y, Z, AA, FF, HH, NN, QQ, RR, TT, and UU.
    If you believe that the EPA has improperly assigned certain new or 
substantially revised data elements in these subparts to any of the 
data categories established in the 2011 Final CBI Rule, please provide 
specific comments identifying which of the new data elements may be 
mis-assigned along with a detailed explanation of why you believe them 
to be incorrectly assigned and in which data category you believe they 
belong. In addition, if you believe that a data element should be 
assigned to one of the five categories that do not have a categorical 
confidentiality determination, please also provide specific comment 
along with detailed rationale and supporting information on whether 
such data element does or does not qualify as CBI.
    We seek comment on the proposed confidentiality status of the new 
or substantially revised data elements in the direct emitter data 
categories ``Unit/Process `Operating' Characteristics that Are Not 
Inputs to Emission Equations'' and ``Unit/Process `Static' 
Characteristics that Are Not Inputs to Emission Equations'' and the 
supplier data categories ``Production/Throughput Quantities and 
Composition'' and ``Unit/Process Operating Characteristics.'' By 
proposing confidentiality determinations prior to data reporting 
through this proposal and rulemaking process, we provide potential 
reporters an opportunity to submit comments, in particular comments 
identifying data they consider sensitive and their rationales and 
supporting documentation; this opportunity is the same opportunity that 
is afforded to submitters of information in case-by-case 
confidentiality determinations. In addition, it provides an opportunity 
to rebut the Agency's proposed determinations prior to finalization. We 
will evaluate the comments on our proposed determinations, including 
claims of confidentiality and

[[Page 19839]]

information substantiating such claims, before finalizing the 
confidentiality determinations. Please note that this will be 
reporters' only opportunity to substantiate a confidentiality claim. 
Upon finalizing the confidentiality determinations of the data elements 
identified in this rule, the EPA will release or withhold these data in 
accordance with 40 CFR 2.301, which contains special provisions 
governing the treatment of Part 98 data for which confidentiality 
determinations have been made through rulemaking.
    When submitting comments regarding the confidentiality 
determinations we are proposing in this action, please identify each 
individual proposed new or revised data element you do or do not 
consider to be CBI or emission data in your comments. Please explain 
specifically how the public release of that particular data element 
would or would not cause a competitive disadvantage to a facility. 
Discuss how this data element may be different from or similar to data 
that are already publicly available. Please submit information 
identifying any publicly available sources of information containing 
the specific data elements in question. Data that are already available 
through other sources would likely be found not to qualify for CBI 
protection. In your comments, please identify the manner and location 
in which each specific data element you identify is publicly available, 
including a citation. If the data are physically published, such as in 
a book, industry trade publication, or federal agency publication, 
provide the title, volume number (if applicable), author(s), publisher, 
publication date, and International Standard Book Number (ISBN) or 
other identifier. For data published on a Web site, provide the address 
of the Web site and the date you last visited the Web site and identify 
the Web site publisher and content author.
    If your concern is that competitors could use a particular data 
element to discern sensitive information, specifically describe the 
pathway by which this could occur and explain how the discerned 
information would negatively affect your competitive position. Describe 
any unique process or aspect of your facility that would be revealed if 
the particular proposed new or revised data element you consider 
sensitive were made publicly available. If the data element you 
identify would cause harm only when used in combination with other 
publicly available data, then describe the other data, identify the 
public source(s) of these data, and explain how the combination of data 
could be used to cause competitive harm. Describe the measures 
currently taken to keep the data confidential. Avoid conclusory and 
unsubstantiated statements, or general assertions regarding potential 
harm. Please be as specific as possible in your comments and include 
all information necessary for the EPA to evaluate your comments.

V. Impacts of the Proposed Rule

    This section of the preamble examines the costs and economic 
impacts of the proposed rulemaking and the estimated economic impacts 
of the rule on affected entities, including estimated impacts on small 
entities.

A. Impacts of the Proposed Amendments to Global Warming Potentials

    There are two primary reasons that Part 98 requires direct emitters 
and suppliers of GHGs to use the GWP values in Table A-1 to subpart A 
to calculate emissions (or supply) of GHGs in CO2e. The 
first is to help determine whether the facility meets a 
CO2e-based threshold and is required to report under Part 
98. The second is to help calculate total facility emissions for 
submittal in the annual report. A change to the GWP for a GHG will 
change the calculated emissions (in CO2e) of that gas. 
Therefore, the proposed amendments could affect both the number of 
facilities required to report under Part 98 and the quantities of GHGs 
reported.
    For most GHGs whose GWPs we are proposing to amend, the proposed 
AR4 GWP values are greater than the GWP values in the current Table A-
1. Therefore, the proposed amendments would likely result in higher 
reported emissions of CO2e for facilities that emit these 
gases. Although the proposed amendments would result in an increase in 
reported emissions for many facilities that currently submit a report, 
using the proposed GWPs would have no effect on the cost of monitoring 
and recordkeeping and, therefore, no significant impact for reporters.
    For the additional F-GHGs and associated GWPs we are proposing to 
include in Table A-1, we do not anticipate significant impacts for 
existing reporters. Per 40 CFR 98.3(c), facilities are required to 
report annual CO2e emissions or supply, using Equation A-1, 
for each GHG with a GWP in Table A-1. The proposed amendments to 
subpart A would require Part 98 reporters to include emissions of the 
new F-GHGs in Table A-1 (in CO2e) in their facility totals 
in their annual reports. With the addition of the new F-GHGs, we expect 
the quantities of CO2e reported to increase for reporters 
that previously emitted, produced, imported, or exported the proposed 
compounds and reported the annual quantities (metric tons) of these 
gases in their 2010, 2011, or 2012 reports, but who were not required 
to include the calculated CO2e emissions for these gases in 
determining annual emissions of CO2e for their annual 
report. Because these reporters are already required to meet 
monitoring, recordkeeping, and reporting requirements for calculating 
the quantity of the proposed F-GHGs in metric tons, additional costs to 
report CO2e using the GWPs are expected to be insignificant.
    Equation A-1 is also used to determine whether the rule applies to 
direct emitters and suppliers in certain source categories where the 
applicability of the GHG reporting rule is based on a threshold 
quantity of GHGs that is either generated, emitted, imported, or 
exported over a calendar year, expressed in CO2e. For some 
direct emitters or suppliers in these source categories, calculating 
CO2e using the proposed GWP values would result in higher 
emissions or supply that might newly exceed the reporting threshold. 
These facilities would then be required to begin reporting under Part 
98 in 2014 (see Section III.A.2 of this preamble), with the associated 
monitoring, recordkeeping, and reporting costs.
    If finalized, the proposed amendments to Table A-1 would result in 
a collective increase in annual reported emissions from all subparts of 
more than 104 million metric tons CO2e (a 1.4 percent 
increase in current emissions), which the EPA has concluded more 
accurately reflects the estimated radiative forcing from the emissions 
reported under Part 98. The increase would include 4.8 million metric 
tons CO2e from an estimated 184 additional facilities that 
would be newly required to report under Part 98 based on the new and 
revised GWPs. The number of new reporters estimated, the estimated 
increase in emissions or supply from existing reporters (reporters who 
submitted 2010 and 2011 reports) and new reporters, and the estimated 
total change in source category emissions or supply for each subpart 
are summarized in Table 10 of this preamble.

[[Page 19840]]



 Table 10--Summary of Estimated Impacts on Reported Emissions Due to Proposed Revisions to Table A-1 for Part 98
                                                    Subparts
----------------------------------------------------------------------------------------------------------------
                                            Total reported                       Estimated
                                             emissions or                       incremental    Estimated change
                                              supply for                         reported     in reported source
                             Number of    existing reporters     Number of     emissions or   category emissions
         Subpart             existing      prior to proposed   estimated new  supply for new   or supply due to
                             reporters     amendments (non-      reporters       reporters         proposed
                                           biogenic) (metric                   (metric tons   amendments (metric
                                            tons CO2e/year)                     CO2e/year)      tons CO2e/year)
----------------------------------------------------------------------------------------------------------------
                                                 2010 Reporters
----------------------------------------------------------------------------------------------------------------
C.......................           4,211         619,572,472               0               0             112,339
D.......................           1,263       2,231,408,653               0               0             293,276
E.......................               2           4,397,310               0               0           (170,218)
F.......................               9           4,298,897               0               0             283,040
G.......................              22          13,596,985               0               0                   0
H.......................              97          42,734,686               0               0               2,657
K.......................              10           2,240,907               0               0               1,743
N.......................             103           2,061,679               0               0                   0
O.......................               5           6,351,797               0               0           1,682,955
P.......................             101          31,261,120               0               0                  10
Q.......................             123          27,094,226               0               0                (21)
R.......................              12             588,209               0               0                   0
S.......................              70          15,566,816               0               0                 174
U.......................              19             122,663               0               0                   0
V.......................              36          11,990,739               0               0           (464,158)
X.......................              63           9,445,122               0               0              11,973
Y.......................             145          55,751,060               0               0             100,695
Z.......................              13           1,080,913               0               0                   0
AA......................             110           7,562,923               0               0              50,408
BB......................               1             122,466               0               0               2,141
CC......................               4           1,221,863               0               0                   0
EE......................               7           1,447,634               0               0                   0
GG......................               6             730,209               0               0                   0
HH......................           1,202         107,000,000              57       1,560,000           2,787,153
MM......................             155       2,493,881,410               0               0                   0
NN......................             476         909,000,000               0               0                   0
OO......................             167         254,554,000               3          75,000          44,060,000
----------------------------------------------------------------------------------------------------------------
                                                 2011 Reporters
----------------------------------------------------------------------------------------------------------------
I.......................              94           5,622,570               4          18,076           1,052,905
L.......................              14          10,600,000               0               0           1,060,000
T.......................              11           1,067,000               0               0            (37,213)
W.......................           2,786         337,000,000              99       2,572,881          41,136,821
DD......................             141          10,320,000               0               0           (474,979)
FF......................             114          33,823,404               0               0           6,442,553
II......................             244           5,845,000               2          59,500           1,172,833
JJ \a\..................               0                   0               0               0                   0
LL......................               0                   0               0               0                   0
PP......................              99          33,500,000               0               0                   0
QQ......................             108          21,907,182               0               0           1,915,000
RR......................              10           7,162,885               0               0                   0
SS......................              10             814,128               0               0            (37,470)
TT......................             200          13,700,000              19         520,000           3,129,524
UU......................              92          48,735,442               0               0                   0
                         ---------------------------------------------------------------------------------------
    Total...............          12,355       7,385,182,369             184       4,805,457         104,114,139
----------------------------------------------------------------------------------------------------------------
\a\ There are no reporters for subpart JJ of Part 98 because the EPA will not be implementing subpart JJ due to
  a Congressional restriction prohibiting the expenditure of funds for this purpose.

    Additional reporters would be expected to report under subparts I, 
W, HH, II, OO, and TT due to an increase in the number of facilities 
exceeding the CO2e threshold. The majority of these 
additional reporters would be expected from subpart W, Petroleum and 
Natural Gas Systems, and subpart HH, Municipal Solid Waste Landfills. 
There are no expected additional reporters from the other 36 subparts. 
We do not anticipate that the proposed revisions would reduce the 
number of reporters that meet CO2e thresholds for any 
subpart. The change in reported emissions or supply from each subpart 
are summarized in Sections V.A.1 of this preamble. A detailed analysis 
of the impacts for each subpart, including the number of additional 
reporters expected, the quantities of annual GHGs reported, and the 
compliance costs for expected additional reporters, is included in the 
Impacts Analysis (see Docket ID No. EPA-HQ-OAR-2012-0934).
    The total cost of compliance for the additional expected reporters 
is $3.9 million for the first year and $1.2 million per year for 
subsequent years. The annual costs for the additional reporters is an 
approximate increase of 1.2 percent above the current reporters

[[Page 19841]]

cost of compliance with Part 98. The expected costs of the proposed 
amendments and the associated methodology are summarized in Section 
V.A.2 of this preamble.
1. How were the number of reporters and the change in annual emissions 
or supply estimated?
    The EPA evaluated the number of reporters affected by the proposed 
amendments by examining the 2010 and 2011 reporters that are already 
affected under Part 98. For the number of affected facilities, the EPA 
examined available e-GGRT data from the 2010 reporting year and summary 
data that were developed to support the current Part 98 to determine 
the number of existing affected facilities. We then evaluated the 
number of additional facilities that could be required to report under 
each subpart by determining what additional facilities could exceed 
Part 98 source category thresholds. Affected subparts that might have 
additional reporters due to the proposed new or revised GWPs are those 
that meet all of the following criteria: (1) The subpart has a 
reporting threshold that is based on CO2e; (2) the subpart 
requires reporting of emissions or supply of F-GHG, CH4, or 
N2O, (other than combustion related emissions, which are a 
small percentage of total combustion emissions); and (3) the EPA 
estimates that there are some facilities in the source category that 
did not previously exceed the threshold. The EPA analyzed the 
applicability of these criteria to each subpart; the subparts that met 
these three criteria and could have new reporters as a result of the 
proposed changes to Table A-1 were subparts I, T, W, HH, II, OO, and 
TT.
    In order to determine the number of additional reporters expected 
under these subparts, we used data from industry surveys and publicly 
available data sources to compile a list of facilities that could be 
affected in each subpart. Combined with source-specific data, we used 
these facility lists to estimate the change in facility emissions or 
supply using the proposed new and revised GWPs and to identify the 
additional facilities in each subpart that could meet a 
CO2e-based threshold. Following this review, the EPA 
determined that there would likely be no new reporters from the 
magnesium production source category (subpart T).
    The EPA determined the estimated increases in reported emissions 
for each subpart by examining the available data for 2010 and 2011 
reporters. For existing facilities submitting an initial annual report 
for reporting year 2010, the increase in calculated emissions from each 
facility was estimated by adjusting the reported GHG mass emissions to 
CO2e using the proposed AR4 GWP values. For existing 
facilities required to submit an initial annual report for reporting 
year 2011, we estimated CO2e emissions and supply using data 
that was developed to support the original rule, such as the subpart-
specific technical support documents. We also estimated the increase in 
emissions that would result from additional reporters in each subpart 
expected to exceed the source category threshold. For those facilities, 
the available source-specific emissions data for the expected new 
reporters was calculated in terms of CO2e, and the estimated 
emissions were included in the total source category emissions.
    Additional information on the EPA's analysis of the estimated 
number of reporters and the increase in reported CO2e for 
each subpart is in the Impacts Analysis (see Docket ID No. EPA-HQ-OAR-
2012-0934).
2. How were the costs of this proposed rule estimated?
    The compliance costs associated with the proposed amendments were 
determined for those additional reporters who would be required to 
submit an annual report under Part 98 if the proposed amendments to 
Table A-1 were finalized. The total compliance costs for additional 
reporters are estimated to be $3.9 million for the first year and $1.2 
million for subsequent years (2011 dollars).
    Costs for additional reporters are summarized in Table 11 of this 
preamble, which presents the first-year and subsequent-year costs for 
each source category.

                     Table 11--Cost Impacts of Proposed Amendments for Additional Reporters
----------------------------------------------------------------------------------------------------------------
                                                                                                    Incremental
                                                                                    Incremental     cost impact
                                                                     Number of      cost impact   for additional
                             Subpart                                additional    for additional  reporters  ($/
                                                                   reporters due  reporters  ($/      yr for
                                                                  to revised GWP   yr for first     subsequent
                                                                                       year)          years)
----------------------------------------------------------------------------------------------------------------
I--Electronics Manufacturing....................................               4          88,900          88,900
W--Petroleum & Natural Gas Systems..............................              99       3,400,000         860,000
HH--Municipal Solid Waste Landfills.............................              57         309,700         137,500
II--Industrial Wastewater.......................................               2          10,300          10,300
OO--Industrial GHG Suppliers....................................               3          10,500          10,500
TT--Industrial Waste Landfills..................................              19         118,600          87,300
    Total.......................................................             184       3,938,000       1,194,500
----------------------------------------------------------------------------------------------------------------

    To estimate the cost impacts for additional reporters, the EPA used 
the methodologies from the subpart-specific regulatory impacts analyses 
from the original GHG reporting rule and updated the cost information 
to 2011 dollars. In general, we determined total reporting costs for 
each subpart by assigning model facility costs to individual affected 
facilities in each industry sector. Labor costs were determined for 
monitoring, recordkeeping, and reporting according to the rule 
requirements. Capital costs for monitoring equipment were also 
estimated for each model facility. The total cost for each subpart was 
determined by multiplying the model facility cost by the number of 
affected facilities.
    For existing reporters that have submitted an annual report for 
reporting year 2010 or 2011, there would be no significant cost impacts 
resulting from the proposed amendments to Table A-1; using the proposed 
GWPs would not affect the cost of monitoring and recordkeeping and 
would not materially affect the cost for calculating emissions for 
these facilities. See the Impacts Analysis (Docket ID No. EPA-HQ-OAR-
2012-0934) for more details.

[[Page 19842]]

B. Additional Impacts of the Proposed Technical Corrections and Other 
Amendments

    The proposed corrections also include clarifications to terms and 
definitions for certain emission equations, simplifications to 
calculation methods and data reporting requirements, or corrections for 
consistency between provisions within a subpart or between subparts in 
Part 98. In general, these clarifications and corrections do not 
fundamentally affect the applicability, monitoring requirements, or 
data collected and reported or increase the recordkeeping and reporting 
burden associated with Part 98. Although we have added a few new 
reporting provisions to select source categories, the data we are 
proposing to collect is expected to be readily available to reporters; 
in most cases, it would already have been recorded and would not 
require additional monitoring or monitoring equipment for existing 
reporters. Additionally, the proposed confidentiality determinations 
for new or revised data elements would not affect whether and how data 
are reported and therefore, would not impose any additional burden on 
sources. See the EPA's full analysis of the additional impacts of the 
corrections, clarifying, and other amendments in the Impacts Analysis 
in Docket ID No. EPA-HQ-OAR-2012-0934).

VI. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011). This action (1) proposes to clarify or 
change specific provisions in the Greenhouse Gas Reporting Rule, 
including amending Table A-1 of Subpart A to incorporate new and 
revised GWPs, and (2) proposes confidentiality determinations for the 
reporting of new or substantially revised (i.e., requiring additional 
or different data to be reported) data elements contained in the 
proposed amendments. The EPA prepared an analysis of the potential 
compliance costs associated with the proposed amendments and amendments 
to revise global warming potentials in subpart A. This analysis is 
contained in the Impacts Analysis (see Docket ID No. EPA-HQ-OAR-2012-
0934). A copy of the analysis is available in the docket for this 
action and the analysis is briefly summarized here. The total 
compliance costs for additional reporters are $1,195,000 ($2011). The 
highest costs are anticipated for 99 facilities affected by subpart W, 
Petroleum and Natural Gas Systems, ($860,000), and 57 facilities 
affected by subpart HH, Municipal Solid Waste Landfills ($137,500). New 
facilities required to report under subparts I, II, OO, and TT would 
incur a combined cost of $197,000. The proposed confidentiality 
determinations for new and substantially revised data elements do not 
increase the existing compliance costs. The compliance costs associated 
with the proposed amendments are less than the significance threshold 
of $100 million per year. The compliance costs for individual 
facilities are not expected to impose a significant economic burden.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action proposes amended GWP values in subpart A and other 
corrections and harmonizing revisions, and proposes confidentiality 
determinations for the reporting of new or substantially revised (i.e., 
requiring additional or different data to be reported) data elements 
contained in the proposed amendments. These proposed amendments and 
confidentiality determinations do not make any substantive changes to 
the reporting requirements in any of the subparts for which amendments 
are being proposed. The proposed amendments to subpart A include 
revision of GWPs in Table A-1 of subpart A. As discussed in Section V 
of this preamble, the proposed amendments could affect the total number 
of facilities reporting under Part 98 and increase the collective 
annual emissions or supply reported. The EPA prepared an analysis of 
the potential compliance costs associated with the proposed amendments 
to Table A-1 in the Impacts Analysis (see Docket ID No. EPA-HQ-OAR-
2012-0934).
    Other proposed amendments to subpart A include adding requirements 
that provide reporters instruction regarding reporting of location, 
ownership, and facility identification (i.e., reporting of ORIS codes). 
The remaining proposed changes also include revising and adding 
definitions. The proposed revisions are clarifications or require 
reporting of information that facilities are expected to have readily 
available (e.g., latitude and longitude of the facility, ORIS code for 
each power generating unit), and are not expected to result in 
significant burden for reporters.
    The proposed amendments to the reporting requirements in the source 
category-specific subparts generally do not change the nature of the 
data reported and are not anticipated to result in significant burden 
for reporters. For example, several of the proposed amendments are 
clarifications or corrections to existing reporting requirements. For 
example, for subpart H, the EPA is proposing to require reporting of 
annual, facility-wide cement production instead of monthly, kiln-
specific cement production for facilities that use a CEMS to measure 
CO2 emissions. Because facilities are already expected to 
track facility-wide cement production for budgeting purposes, we do not 
expect this revision to result in any additional burden for cement 
production facilities. In some cases we are proposing to include 
reporting requirements for data that are already collected by 
reporters. For instance, for subpart RR, the EPA is proposing to add a 
reporting requirement for facilities to report the standard or method 
used to calculate the mass or volume of contents in containers that is 
redelivered to another facility without being injected into the well. 
The proposed data element does not require additional data collection 
or monitoring from reporters, and is not a significant change.
    The EPA is also proposing changes that would reduce the reporting 
burden. For example, for subpart BB (Silicon Carbide Production), the 
EPA is proposing to remove the requirement for facilities to report 
CH4 emissions from silicon carbide process units or 
furnaces. Additionally, the EPA is proposing to amend subpart BB such 
that facilities would calculate and report CO2 emissions for 
all process units and furnaces combined, instead of each process unit 
or production furnace. We expect that both of these major changes will 
reduce the reporting burden for facilities subject to subpart BB.
    Additional changes to the reporting requirements in each subpart 
are detailed in the Impacts Analysis (see Docket ID No. EPA-HQ-OAR-
2012-0934). The Office of Management and Budget (OMB) has previously 
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 number 2060-0629, ICR 2300.10. The 
OMB control numbers for EPA's regulations in 40 CFR are listed in 40 
CFR part 9.

[[Page 19843]]

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities directly regulated by this proposed rule are small businesses. 
We have determined that up to 37 small municipal solid waste landfills, 
representing up to a .03% increase in regulated businesses in this 
industry, will experience an impact of .02 to .60% of revenues; up to 3 
suppliers of industrial GHGs, representing up to a .02% increase in 
regulated businesses in this industry, will experience an impact of .02 
to .14% of revenues; and that up to 19 industrial waste landfills 
(primarily co-located with food processing facilities), representing up 
to a .19% increase in regulated businesses in this industry, will 
experience an impact of .01 to .48% of revenues.
    Although this proposed 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 this rule 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 the mandatory GHG reporting rule and maintains 
an ``open door'' policy for stakeholders to help inform the EPA's 
understanding of key issues for the industries.
    We continue to be interested in the potential impacts of the 
proposed rule amendments on small entities and welcome comments on 
issues related to such impacts.

D. Unfunded Mandates Reform Act (UMRA)

    The proposed 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 proposed 
rule amendments and confidentiality determinations are not subject to 
the requirements of section 202 and 205 of the UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The proposed rule 
amends specific provisions in subpart A, General Provisions, to reflect 
global warming potentials that have been published by the IPCC and to 
propose global warming potentials for certain fluorinated greenhouse 
gases. Also in this action, the EPA is revising specific provisions to 
provide clarity on what is to be reported. In some cases, the EPA has 
increased flexibility in the selection of methods used for calculating 
and monitoring GHGs. Therefore, this action is not subject to the 
requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132.
    These proposed amendments and confidentiality determinations apply 
directly to facilities that directly emit greenhouses gases or that are 
suppliers of greenhouse gases. They do not apply to governmental 
entities unless the government entity owns a facility that directly 
emits greenhouse gases above threshold levels (such as a landfill or 
large combustion device), so relatively few government facilities would 
be affected. Moreover, for government facilities that are subject to 
the rule, the proposed revisions will not have a significant cost 
impact. 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.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between the EPA and state and local 
governments, we specifically solicit comment on this proposed action 
from state and local officials.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed 
amendments and confidentiality determinations apply directly to 
facilities that directly emit greenhouses gases or that are suppliers 
of greenhouse gases. They would not have tribal implications unless the 
tribal entity owns a facility that directly emits greenhouse gases 
above threshold levels (such as a landfill or large combustion device). 
Relatively few tribal facilities would 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 Concerning Regulations 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

[[Page 19844]]

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 proposed rulemaking does not involve the use of any new 
technical standards, but allows for greater flexibility for reporters 
to use consensus standards where they are available. Therefore, the EPA 
is not considering 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 proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment because it is a rule addressing information collection and 
reporting procedures.

List of Subjects 40 CFR Part 98

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

    Dated: March 8, 2013.
Bob Perciasepe,
Acting Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 98--[AMENDED]

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

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

Subpart A--[AMENDED]

0
2. Section 98.3 is amended by:
0
a. Revising paragraph (c)(1).
0
b. Adding paragraphs (c)(11)(viii) and (c)(13).
0
c. Revising paragraphs (h)(4), and (j)(3)(ii).
0
d. Adding paragraphs (k) and (l).


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

* * * * *
    (c) * * *
    (1) Facility name or supplier name (as appropriate), and physical 
street address of the facility or supplier, including the city, State, 
and zip code. If the facility does not have a physical street address, 
then the facility must provide the latitude and longitude representing 
the location of facility operations in decimal degree format. This must 
be provided in a comma-delimited ``latitude, longitude'' coordinate 
pair reported in decimal degrees to at least four digits to the right 
of the decimal.
* * * * *
    (11) * * *
    (viii) The facility or supplier must refer to the reporting 
instructions of the electronic GHG reporting tool regarding 
standardized conventions for the naming of a parent company.
* * * * *
    (13) ORIS code for each power generation unit that has been 
assigned an ORIS code by the Energy Information Administration.
* * * * *
    (h) * * *
    (4) Notwithstanding paragraphs (h)(1) and (h)(2) of this section, 
upon request by the owner or operator, the Administrator may provide 
reasonable extensions of the 45-day period for submission of the 
revised report or information under paragraphs (h)(1) and (h)(2) of 
this section. If the Administrator receives a request for extension of 
the 45-day period, by email to an address prescribed by the 
Administrator prior to the expiration of the 45-day period, the 
extension request is deemed to be automatically granted for 30 days. 
The Administrator may grant an additional extension beyond the 
automatic 30-day extension if the owner or operator submits a request 
for an additional extension and the request is received by the 
Administrator at least 5 business days prior to the expiration of the 
automatic 30-day extension, provided the request demonstrates that it 
is not practicable to submit a revised report or information under 
paragraphs (h)(1) and (h)(2) within 75 days. The Administrator will 
approve the extension request if the request demonstrates that it is 
not practicable to collect and process the data needed to resolve 
potential reporting errors identified pursuant to paragraphs (h)(1) or 
(h)(2) of this section within 75 days.
* * * * *
    (j) * * *
    (3) * * *
    (ii) Any subsequent extensions to the original request must be 
submitted to the Administrator within 4 weeks of the owner or operator 
identifying the need to extend the request, but in any event no later 
than 4 weeks before the date for the planned process equipment or unit 
shutdown that was provided in the original or most recently approved 
request.
* * * * *
    (k) Revised Global Warming Potentials--(1) General. Starting with 
reporting year 2013, facilities and suppliers must use the revised GWPs 
in Table A-1 of this subpart, Global Warming Potentials, for 
calculating CO2e emissions for determining applicability to 
this part and for calculating CO2e emissions in annual GHG 
reports.
    (2) Special provision for reporting year 2013. A facility or 
supplier that was not subject to a subpart of part 98 for reporting 
year 2012, but becomes subject to a subpart of this part 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 for reporting year 2013. Such facilities or suppliers must start 
monitoring and collecting GHG data in compliance with this part 
starting on January 1, 2014, and submit an annual greenhouse gas report 
for reporting year 2014 by March 31, 2015.
    (l) Special provision for best available monitoring methods in 
2014. 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, 2014 to 
March 31, 2014, 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

[[Page 19845]]

piece of monitoring equipment by January 1, 2014. Starting no later 
than April 1, 2014, 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:
    (i) Monitoring methods currently used by the facility that do not 
meet the specifications of a relevant subpart.
    (ii) Supplier data.
    (iii) Engineering calculations.
    (iv) Other company records.
    (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, 2014.
    (i) Timing of request. The extension request must be submitted to 
EPA no later than January 31, 2014.
    (ii) Content of request. Requests must contain the following 
information:
    (A) A list of specific items of monitoring instrumentation for 
which the request is being made and the locations where each piece of 
monitoring instrumentation will be installed.
    (B) Identification of the specific rule requirements (by rule 
subpart, section, and paragraph numbers) for which the instrumentation 
is needed.
    (C) A description of the reasons that the needed equipment could 
not be obtained and installed before April 1, 2014.
    (D) If the reason for the extension is that the equipment cannot be 
purchased and delivered by April 1, 2014, 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, 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 April 2, 2013 and April 1, 2014, include 
a justification of why the equipment could not be obtained and 
installed during that shutdown.
    (F) A description of the specific actions the facility will take to 
obtain and install the equipment as soon as reasonably feasible and the 
expected date by which the equipment will be installed and operating.
    (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, 2014. The use of best available 
methods under this paragraph (l) will not be approved beyond December 
31, 2014.
0
3. Section 98.6 is amended by:
0
a. Revising the definitions for ``Continuous bleed'', ``Degasification 
system'', and ``Intermittent bleed pneumatic devices''.
0
b. Adding the definitions of ``Fluidized Bed Combustor (FBC)'' and 
``ORIS code'' in alphabetical order.
0
c. Revising the term ``Ventilation well or shaft'' to read 
``Ventilation hole or shaft'' and revising the definition of the term.
0
d. Revising the definition of ``Ventilation system''.


Sec.  98.6  Definitions.

* * * * *
    Continuous bleed means a continuous flow of pneumatic supply 
natural gas to the process control device (e.g. level control, 
temperature control, pressure control) where the supply gas pressure is 
modulated by the process condition, and then flows to the valve 
controller where the signal is compared with the process set-point to 
adjust gas pressure in the valve actuator.
* * * * *
    Degasification system means the entirety of the equipment that is 
used to drain gas from underground coal mines. This includes all 
degasification wells and gob gas vent holes at the underground coal 
mine. Degasification systems include gob and premine surface drainage 
wells, gob and premine in-mine drainage wells, and in-mine gob and 
premine cross-measure borehole wells.
* * * * *
    Fluidized Bed Combustor (FBC) means a combustion technology (e.g., 
a fluidized bed boiler) where the maximum steady-state temperature 
reached within the combustor (excluding periods of startup, shutdown, 
and malfunction) during the combustion of solid fuels (e.g., coal, tire 
derived fuel, wood and wood residuals, agricultural byproducts, coke, 
municipal solid waste, or mixtures of such fuels) is less than or equal 
to 1,900 degrees Fahrenheit.
* * * * *
    Intermittent bleed pneumatic devices mean automated flow control 
devices powered by pressurized natural gas and used for automatically 
maintaining a process condition such as liquid level, pressure, delta-
pressure and temperature. These are snap-acting or throttling devices 
that discharge all or a portion of the full volume of the actuator 
intermittently when control action is necessary, but does not bleed 
continuously.
* * * * *
    ORIS code means the unique identifier assigned to each power plant 
in the National Electric Energy Data System (NEEDS). The ORIS code is a 
four-digit number assigned by the Energy Information Administration 
(EIA) at the US Department of Energy to power plants owned by 
utilities.
* * * * *
    Ventilation hole or shaft means a vent hole or shaft employed at an 
underground coal mine to serve as the outlet or conduit to move air 
from the ventilation system out of the mine.
    Ventilation system means a system that is used to control the 
concentration of methane and other gases within mine working areas 
through mine ventilation, rather than a mine degasification system. A 
ventilation system consists of fans that move air through the mine 
workings to dilute methane concentrations.
* * * * *
0
4a. Table A-1 to Subpart A is revised to read as follows:

[[Page 19846]]



                          Table A-1 to Subpart A of Part 98--Global Warming Potentials
                                             [100-Year Time Horizon]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Global
                                                                                                      warming
                    Name                         CAS No.               Chemical formula           potential (100
                                                                                                       yr.)
----------------------------------------------------------------------------------------------------------------
Carbon dioxide.............................        124-38-9  CO2................................               1
Methane....................................         74-82-8  CH4................................            a 25
Nitrous oxide..............................      10024-97-2  N2O................................           a 298
HFC-23.....................................         75-46-7  CHF3...............................        a 14,800
HFC-32.....................................         75-10-5  CH2F2..............................           a 675
HFC-41.....................................        593-53-3  CH3F...............................            a 92
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-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-227ea..................................        431-89-0  C3HF7..............................         a 3,220
HFC-236cb..................................        677-56-5  CH2FCF2CF3.........................           1,340
HFC-236ea..................................        431-63-0  CHF2CHFCF3.........................           1,370
HFC-236fa..................................        690-39-1  C3H2F6.............................         a 9,810
HFC-245ca..................................        679-86-7  C3H3F5.............................           a 693
HFC-245fa..................................        460-73-1  CHF2CH2CF3.........................           1,030
HFC-365mfc.................................        406-58-6  CH3CF2CH2CF3.......................             794
HFC-43-10mee...............................     138495-42-8  CF3CFHCFHCF2CF3....................         a 1,640
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
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)...............        355-42-0  C6F14..............................         a 9,300
PFC-9-1-18.................................        306-94-5  C10F18.............................           7,500
HCFE-235da2 (Isoflurane)...................      26675-46-7  CHF2OCHClCF3.......................             350
HFE-43-10pccc (H-Galden 1040x).............        E1730133  CHF2OCF2OC2F4OCHF2.................           1,870
HFE-125....................................       3822-68-2  CHF2OCF3...........................          14,900
HFE-134....................................       1691-17-4  CHF2OCHF2..........................           6,320
HFE-143a...................................        421-14-7  CH3OCF3............................             756
HFE-227ea..................................       2356-62-9  CF3CHFOCF3.........................           1,540
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-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-329mcc2................................      67490-36-2  CF3CF2OCF2CHF2.....................             919
HFE-338mcf2................................     156053-88-2  CF3CF2OCH2CF3......................             552
HFE-338pcc13 (HG-01).......................     188690-78-0  CHF2OCF2CF2OCHF2...................           1,500
HFE-347mcc3................................      28523-86-6  CH3OCF2CF2CF3......................             575
HFE-347mcf2................................        E1730135  CF3CF2OCH2CHF2.....................             374
HFE-347pcf2................................        406-78-0  CHF2CF2OCH2CF3.....................             580
HFE-356mec3................................        382-34-3  CH3OCF2CHFCF3......................             101
HFE-356pcc3................................     160620-20-2  CH3OCF2CF2CHF2.....................             110
HFE-356pcf2................................        E1730137  CHF2CH2OCF2CHF2....................             265
HFE-356pcf3................................      35042-99-0  CHF2OCH2CF2CHF2....................             502
HFE-365mcf3................................        378-16-5  CF3CF2CH2OCH3......................              11
HFE-374pc2.................................        512-51-6  CH3CH2OCF2CHF2.....................             557
HFE-449s1 (HFE-7100) Chemical blend........     163702-07-6  C4F9OCH3(CF3)2CFCF2OCH3............             297
                                                163702-08-7
HFE-569sf2 (HFE-7200) Chemical blend.......     163702-05-4  C4F9OC2H5(CF3)2CFCF2OC2H5..........              59
                                                163702-06-5
Sevoflurane................................      28523-86-6  CH2FOCH(CF3)2......................             345
HFE-356mm1.................................      13171-18-1  (CF3)2CHOCH3.......................              27
HFE-338mmz1................................      26103-08-2  CHF2OCH(CF3)2......................             380
(Octafluorotetramethy-lene)hydroxymethyl                 NA  X-(CF2)4CH(OH)-X...................              73
 group.

[[Page 19847]]

 
HFE-347mmy1................................      22052-84-2  CH3OCF(CF3)2.......................             343
Bis(trifluoromethyl)-methanol..............        920-66-1  (CF3)2CHOH.........................             195
2,2,3,3,3-pentafluoropropanol..............        422-05-9  CF3CF2CH2OH........................              42
PFPMIE.....................................              NA  CF3OCF(CF3)CF2OCF2OCF3.............          10,300
HFC-1234ze b...............................      29118-24-9  C3H2F4.............................               6
hexafluoropropylene (HFP) b................        116-15-4  C3F6...............................            0.25
perfluoromethyl vinyl ether (PMVE) b.......       1187-93-5  CF(CF3)OCF3........................               3
tetrafluoroethylene (TFE) b................        116-14-3  C2F4...............................            0.02
trifluoro propene (TFP) b..................        677-21-4  C3H3F3.............................               3
vinyl fluoride (VF) b......................         75-02-5  C2H3F..............................             0.7
vinylidiene fluoride (VF2) b...............         75-38-7  C2H2F2.............................             0.9
carbonyl fluoride b........................        353-50-4  COF2...............................               2
perfluoropropyl vinyl ether b..............       1623-05-8  C5F10O.............................               3
perfluoroethyl vinyl ether b...............      10493-43-3  C4F8O..............................               3
HFC-1234yf b...............................        754-12-1  C3H2F4.............................               4
perfluorethyl iodide (2-I) b...............        354-64-3  C2F5I..............................               3
perfluorbutyl iodide (PFBI, 42-I) b........        423-39-2  C4F9I..............................               3
perfluorhexyl iodide (6-I) b...............        355-43-1  CF3CF2CF2CF2CF2CF2IC6F13I..........               2
perfluoroctyl iodide (8-I) b...............        507-63-1  C8F17I.............................               2
1,1,1,2,2-pentafluoro-4-iodo butane (22-I)       40723-80-6  C4H4F5I............................               2
 b.
1,1,1,2,2,3,3,4,4-nonafluoro-6-iodo hexane        2043-55-2  C6H4F9I............................               2
 (42-I) b.
perfluorobutyl ethene (42-U) b.............      19430-93-4  C6H3F9.............................               2
perfluorohexyl ethene (62-U) b.............      25291-17-2  C8H3F13............................               1
perfluorooctyl ethene (82-U) b.............      21652-58-4  C10H3F17...........................               1
1H,1H, 2H,2H-perfluorohexan-1-ol (42-AL) b.       2043-47-2  C6H5F9O............................               5
FK-5-1-12 Perfluoroketone; FK-5-1-12myy2; n-       756-13-8  CF3CF2C(O)CF(CF3)2.................             1.8
 Perfluorooctane; Octanedecafluorooctane b.
C7 Fluoroketone, Novec 774/FK-6-1-12.......    813-44-5 and  C7F14O Chemical Blend..............               1
                                                   813-45-6
trans-1-chloro-3,3,3-trifluoroprop-1-ene b.       2730-43-0  C3H2ClF3...........................               7
Hexadecofluoroheptane b (PFC-6-1-12).......        335-57-9  C7F16..............................            7930
octadecafluorooctane b (PFC-7-1-18)........        307-34-6  C8F18..............................            8340
----------------------------------------------------------------------------------------------------------------
a The GWP for this compound is different than the GWP in the version of Table A-1 to subpart A of part 98
  published on October 30, 2009.
b The GWP for this compound was not provided in the version of Table A-1 to subpart A of part 98 published on
  October 30, 2009.
NA--Not available.

0
4b. Table A-6 is amended by revising the entries for 98.346(d)(1) and 
98.346(e) to read as follows:

   Table A-6 to Subpart A of Part 98--Data Elements That Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2013
------------------------------------------------------------------------
                                              Specific data elements for
                                               which reporting date is
                                               March 31, 2013 (``All''
      Subpart        Rule citation (40 CFR    means all data elements in
                            part 98)         the cited paragraph are not
                                               required to be reported
                                                until March 31, 2013)
------------------------------------------------------------------------
 
                              * * * * * * *
HH................  98.346(d)(1)...........  Only degradable organic
                                              carbon (DOC) value, and
                                              fraction of DOC
                                              dissimilated (DOCF)
                                              values.
 
                              * * * * * * *
HH................  98.346(e)..............  Only fraction of CH4 in
                                              landfill gas and methane
                                              correction factor (MCF)
                                              values.
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart C--[AMENDED]

0
5. Section 98.33 is amended by:
0
a. Adding paragraphs (b)(1)(viii) and (ix).
0
b. Revising paragraphs (b)(3)(ii)(A), (e)(1)(ii), and (e)(3)(iv)(B).


Sec.  98.33  Calculating GHG emissions.

* * * * *
    (b) * * *
    (1) * * *
    (viii) May be used for the combustion of a fuel listed in Table C-1 
if the fuel is combusted in a unit with a maximum rated heat input 
capacity greater than 250 mmBtu/hr (or, pursuant to Sec.  98.36(c)(3), 
in a group of units served by a common supply pipe, having at least one 
unit with a maximum rated heat input capacity greater than 250

[[Page 19848]]

mmBtu/hr), provided that both of the following conditions apply:
    (A) The use of Tier 4 is not required.
    (B) The fuel provides less than 10 percent of the annual heat input 
to the unit, or if Sec.  98.36(c)(3) applies, to the group of units 
served by a common supply pipe.
    (ix) May not be used for the combustion of waste coal (i.e., waste 
anthracite (culm) and waste bituminous (gob)).
* * * * *
    (3) * * *
    (ii) * * *
    (A) The use of Tier 1 or 2 is permitted, as described in paragraphs 
(b)(1)(iii), (b)(1)(v), (b)(1)(viii), and (b)(2)(ii) of this section.
* * * * *
    (e) * * *
    (1) * * *
    (ii) The procedures in paragraph (e)(4) of this section.
* * * * *
    (3) * * *
    (iv) * * *
    (B) Multiply the result from paragraph (e)(3)(iv)(A) of this 
section by the appropriate default factor to determine the annual 
biogenic CO2 emissions, in metric tons. For MSW, use a 
default factor of 0.55 and for tires, use a default factor of 0.20.
* * * * *
0
6. Section 98.36 is amended by revising paragraph (b)(3) and the next 
to last sentence of paragraph (c)(3) introductory text to read as 
follows:


Sec.  98.36  Data reporting requirements.

* * * * *
    (b) * * *
    (3) Maximum rated heat input capacity of the unit, in mmBtu/hr.
* * * * *
    (c) * * *
    (3) * * * As a second example, in accordance with Sec.  
98.33(b)(1)(v), Tier 1 may be used regardless of unit size when natural 
gas is transported through the common pipe, if the annual fuel 
consumption is obtained from gas billing records in units of therms or 
mmBtu.* * *
* * * * *
0
7. Tables C-1 and C-2 to Subpart C are revised to read as follows:

   Table C-1 to Subpart C--Default CO2 Emission Factors and High Heat
                    Values for Various Types of Fuel
------------------------------------------------------------------------
                                   Default high heat      Default CO2
            Fuel type                    value          emission  factor
------------------------------------------------------------------------
          Coal and coke             mmBtu/short ton       kg CO2/mmBtu
------------------------------------------------------------------------
Anthracite......................  25.09..............             103.69
Waste Anthracite (Culm).........  See footnote 1.....             103.69
Bituminous......................  24.93..............              93.28
Waste Bituminous (Gob)..........  See footnote 1.....              93.28
Subbituminous...................  17.25..............              97.17
Lignite.........................  14.21..............              97.72
Coal Coke.......................  24.80..............             113.67
Mixed (Commercial sector).......  21.39..............              94.27
Mixed (Industrial coking).......  26.28..............              93.90
Mixed (Industrial sector).......  22.35..............              94.67
Mixed (Electric Power sector)...  19.73..............              95.52
------------------------------------------------------------------------
           Natural gas                 mmBtu/scf          kg CO2/mmBtu
------------------------------------------------------------------------
(Weighted U.S. Average).........  1.026 x 10-3.......              53.06
------------------------------------------------------------------------
       Petroleum products             mmBtu/gallon        kg CO2/mmBtu
------------------------------------------------------------------------
Distillate Fuel Oil No. 1.......  0.139..............              73.25
Distillate Fuel Oil No. 2.......  0.138..............              73.96
Distillate Fuel Oil No. 4.......  0.146..............              75.04
Residual Fuel Oil No. 5.........  0.140..............              72.93
Residual Fuel Oil No. 6.........  0.150..............              75.10
Used Oil........................  0.138..............              74.00
Kerosene........................  0.135..............              75.20
Liquefied petroleum gases         0.092..............              61.71
 (LPG)\2\.
Propane \2\.....................  0.091..............              62.87
Propylene \2\...................  0.091..............              67.77
Ethane \2\......................  0.068..............              59.60
Ethanol.........................  0.084..............              68.44
Ethylene \3\....................  0.058..............              65.96
Isobutane \2\...................  0.099..............              64.94
Isobutylene \2\.................  0.103..............              68.86
Butane \2\......................  0.103..............              64.77
Butylene \2\....................  0.105..............              68.72
Naphtha (<401 deg F)............  0.125..............              68.02
Natural Gasoline................  0.110..............              66.88
Other Oil (>401 deg F)..........  0.139..............              76.22
Pentanes Plus...................  0.110..............              70.02
Petrochemical Feedstocks........  0.125..............              71.02
Petroleum Coke..................  0.143..............             102.41
Special Naphtha.................  0.125..............              72.34
Unfinished Oils.................  0.139..............              74.54
Heavy Gas Oils..................  0.148..............              74.92
Lubricants......................  0.144..............              74.27
Motor Gasoline..................  0.125..............              70.22

[[Page 19849]]

 
Aviation Gasoline...............  0.120..............              69.25
Kerosene-Type Jet Fuel..........  0.135..............              72.22
Asphalt and Road Oil............  0.158..............              75.36
Crude Oil.......................  0.138..............              74.54
------------------------------------------------------------------------
        Other fuels-solid           mmBtu/short ton       kg CO2/mmBtu
------------------------------------------------------------------------
Municipal Solid Waste...........  9.95 \4\...........              90.7
Tires...........................  28.00..............              85.97
Plastics........................  38.00..............              75.00
Petroleum Coke..................  30.00..............             102.41
------------------------------------------------------------------------
      Other fuels--gaseous             mmBtu/scf          kg CO2/mmBtu
Blast Furnace Gas...............  0.092 x 10-3.......             274.32
Coke Oven Gas...................  0.599 x 10-3.......              46.85
Propane Gas.....................  2.516 x 10-3.......              61.46
Fuel Gas \5\....................  1.388 x 10-3.......              59.00
------------------------------------------------------------------------
      Biomass fuels--solid          mmBtu/short ton       kg CO2/mmBtu
------------------------------------------------------------------------
Wood and Wood Residuals(dry       17.48..............              93.80
 basis)\6\.
Agricultural Byproducts.........  8.25...............             118.17
Peat............................  8.00...............             111.84
Solid Byproducts................  10.39..............             105.51
------------------------------------------------------------------------
     Biomass fuels--gaseous            mmBtu/scf          kg CO2/mmBtu
------------------------------------------------------------------------
Landfill Gas....................  0.485 x 10-3.......              52.07
Other Biomass Gases.............  0.655 x 10-3.......              52.07
------------------------------------------------------------------------
      Biomass Fuels--liquid           mmBtu/gallon        kg CO2/mmBtu
------------------------------------------------------------------------
Ethanol.........................  0.084..............              68.44
Biodiesel (100%)................  0.128..............              73.84
Rendered Animal Fat.............  0.125..............              71.06
Vegetable Oil...................  0.120..............              81.55
------------------------------------------------------------------------
\1\ Provisions of the rule referencing ``default HHVs from Table C-1''
  do not apply to culm and gob. The HHV for culm and gob must be
  determined according to the procedures specified in the Tier 2
  Calculation Methodology.
\2\ The HHV for components of LPG determined at 60 [deg]F and saturation
  pressure with the exception of ethylene.
\3\ Ethylene HHV determined at 41 [deg]F (5 [deg]C) and saturation
  pressure.
\4\ Use of this default HHV is allowed only for: (a) Units that combust
  MSW, do not generate steam, and are allowed to use Tier 1; (b) units
  that derive no more than 10 percent of their annual heat input from
  MSW and/or tires; and (c) small batch incinerators that combust no
  more than 1,000 tons of MSW per year.
\5\ Reporters subject to subpart X of this part that are complying with
  Sec.   98.243(d) or subpart Y of this part may only use the default
  HHV and the default CO2 emission factor for fuel gas combustion under
  the conditions prescribed in Sec.   98.243(d)(2)(i) and (d)(2)(ii) and
  Sec.   98.252(a)(1) and (a)(2), respectively. Otherwise, reporters
  subject to subpart X or subpart Y shall use either Tier 3 (Equation C-
  5) or Tier 4.
\6\ Use the following formula to calculate a wet basis HHV for use in
  Equation C-1: HHVw = ((100-M)/100)*HHVd where HHVw = wet basis HHV, M
  = moisture content(percent) and HHVd = dry basis HHV from Table C-1.


Table C-2 to Subpart C--Default CH4 and N2O Emission Factors for Various
                              Types of Fuel
------------------------------------------------------------------------
                                         Default CH4       Default N2O
              Fuel type                emission factor   emission factor
                                       (kg CH4/mmBtu)    (kg N2O/mmBtu)
------------------------------------------------------------------------
Coal and Coke (All fuel types in         1.1 x 10-\02\     1.6 x 10-\03\
 Table C-1) \1\.....................
Anthracite for FBCs only \2\........     1.1 x 10-\02\     1.6 x 10-\01\
Waste Anthracite (Culm) for FBCs         1.1 x 10-\02\     4.0 x 10-\01\
 only \2\...........................
Bituminous for FBCs only \2\........     1.1 x 10-\02\     1.3 x 10-\01\
Waste Bituminous (Gob) for FBCs only     1.1 x 10-\02\     2.9 x 10-\01\
 \2\................................
Subbituminous for FBCs only \2\.....     1.1 x 10-\02\     6.5 x 10-\02\
Lignite for FBCs only \2\...........     1.1 x 10-\02\     1.1 x 10-\01\
Natural Gas.........................     1.0 x 10-\03\     1.0 x 10-\04\
Petroleum (All fuel types in Table C-    3.0 x 10-\03\     6.0 x 10-\04\
 1).................................
Fuel Gas............................     3.0 x 10-\03\     6.0 x 10-\04\
Municipal Solid Waste...............     3.2 x 10-\02\     4.2 x 10-\03\
Tires...............................     3.2 x 10-\02\     4.2 x 10-\03\
Blast Furnace Gas...................     2.2 x 10-\05\     1.0 x 10-\04\
Coke Oven Gas.......................     4.8 x 10-\04\     1.0 x 10-\04\
Biomass Fuels--Solid (All fuel types     3.2 x 10-\02\     4.2 x 10-\03\
 in Table C-1, except wood and wood
 residuals).........................

[[Page 19850]]

 
Wood and wood residuals.............      7.2 x 10-\3\      3.6 x 10-\3\
Biomass Fuels--Gaseous (All fuel         3.2 x 10-\03\     6.3 x 10-\04\
 types in Table C-1)................
Biomass Fuels--Liquid (All fuel          1.1 x 10-\03\     1.1 x 10-\04\
 types in Table C-1)................
------------------------------------------------------------------------
\1\ Use of the default emission factors for the coal and coke category
  may not be used to estimate emissions from combusting anthracite,
  waste anthracite, bituminous, waste bituminous, subbituminous, or
  lignite coal burned in an FBC.
\2\ Use of these default emission factors is required for FBCs burning
  the specified coal type.
Note: Those employing this table are assumed to fall under the IPCC
  definitions of the ``Energy Industry'' or ``Manufacturing Industries
  and Construction''. In all fuels except for coal the values for these
  two categories are identical. For coal combustion, those who fall
  within the IPCC ``Energy Industry'' category may employ a value of 1g
  of CH4/mmBtu.

* * * * *

Subpart E--[AMENDED]

0
8. Section 98.53 is amended by:
0
a. Revising paragraph (b)(3) and paragraph (d) introductory text.
0
b. Revising paragraph (e) and Equation E-2.
0
c. Revising the parameters ``DF'' and ``AF'' of Equation E-3a.
0
d. Revising the parameters ``DF1'', ``AF1'', 
``DF2'', ``AF2'', ``DFN'', and 
``AFN'' of Equation E-3b.
0
e. Revising the parameters ``DFN'', ``AFN'', and 
``FCN'' of Equation E-3c.


Sec.  98.53  Calculating GHG emissions.

* * * * *
    (b) * * *
    (3) You must measure the adipic acid production rate during the 
test and calculate the production rate for the test period in tons per 
hour.
* * * * *
    (d) If the adipic acid production unit exhausts to any 
N2O abatement technology ``N'', you must determine the 
destruction efficiency according to paragraphs (d)(1), (d)(2), or 
(d)(3) of this section.
* * * * *
    (e) If the adipic acid production unit exhausts to any 
N2O abatement technology ``N'', you must determine the 
annual amount of adipic acid produced while N2O abatement 
technology ``N'' is operating according to Sec.  98.54(f). Then you 
must calculate the abatement factor for N2O abatement 
technology ``N'' according to Equation E-2 of this section.
[GRAPHIC] [TIFF OMITTED] TP02AP13.000

* * * * *
    (g) * * *
    (1) * * *
* * * * *

DF = Destruction efficiency of N2O abatement technology 
``N'' (decimal fraction of N2O removed from vent stream).
AF = Abatement utilization factor of N2O abatement 
technology ``N'' (decimal fraction of time that the abatement 
technology is operating).

* * * * *
    (2) * * *
* * * * *
DF1 = Destruction efficiency of N2O abatement 
technology 1 (decimal fraction of N2O removed from vent 
stream).
AF1 = Abatement utilization factor of N2O 
abatement technology 1 (decimal fraction of time that abatement 
technology 1 is operating).
DF2 = Destruction efficiency of N2O abatement 
technology 2 (decimal fraction of N2O removed from vent 
stream).
AF2 = Abatement utilization factor of N2O 
abatement technology 2 (decimal fraction of time that abatement 
technology 2 is operating).
DFN = Destruction efficiency of N2O abatement 
technology ``N'' (decimal fraction of N2O removed from 
vent stream).
AFN = Abatement utilization factor of N2O 
abatement technology ``N'' (decimal fraction of time that abatement 
technology N is operating).

* * * * *
    (3) * * *
* * * * *
DFN = Destruction efficiency of N2O abatement 
technology ``N'' (decimal fraction of N2O removed from 
vent stream).
AFN = Abatement utilization factor of N2O 
abatement technology ``N'' (decimal fraction of time that the 
abatement technology is operating).
FCN = Fraction control factor of N2O abatement 
technology ``N'' (decimal fraction of total emissions from unit 
``z'' that are sent to abatement technology ``N'').

* * * * *
0
9. Section 98.54 is amended by revising paragraphs (e) and (f) to read 
as follows:


Sec.  98.54  Monitoring and QA/QC requirements.

* * * * *
    (e) You must determine the monthly amount of adipic acid produced. 
You must also determine the monthly amount of adipic acid produced 
during which N2O abatement technology is operating. These 
monthly amounts are determined according to the methods in paragraphs 
(c)(1) or (c)(2) of this section.
    (f) You must determine the annual amount of adipic acid produced. 
You must also determine the annual amount of adipic acid produced 
during which N2O abatement technology is operating. These 
are determined by summing the respective monthly adipic acid production 
quantities determined in paragraph (e) of this section.

Subpart G--[AMENDED]

0
10. Section 98.73 is amended by:
0
a. Revising paragraph (b)(4) introductory text and revising Equation G-
4.
0
b. Revising Equation G-5 and by removing parameter ``n'' of Equation G-
5 and adding in its place parameter ``j''.


Sec.  98.73  Calculating GHG emissions.

* * * * *
    (b) * * *
    (4) You must calculate the annual process CO2 emissions 
from each ammonia processing unit k at your facility according to 
Equation G-4 of this section:
[GRAPHIC] [TIFF OMITTED] TN02AP13.015

* * * * *
    (5) * * *

[[Page 19851]]

[GRAPHIC] [TIFF OMITTED] TN02AP13.016

* * * * *

j = Total number of ammonia processing units.

* * * * *
0
11. Section 98.75 is amended by revising paragraph (b) to read as 
follows:


Sec.  98.75  Procedures for estimating missing data.

* * * * *
    (b) For missing feedstock supply rates used to determine monthly 
feedstock consumption or monthly waste recycle stream quantity, you 
must determine the best available estimate(s) of the parameter(s), 
based on all available process data.
0
12. Section 98.76 is amended by revising paragraphs (a) introductory 
text, (b) introductory text, and (b)(13) to read as follows:


Sec.  98.76  Data reporting requirements.

* * * * *
    (a) If a CEMS is used to measure CO2 emissions, then you 
must report the relevant information required under Sec.  98.36 for the 
Tier 4 Calculation Methodology and the information in paragraphs (a)(1) 
and (a)(2) of this section:
* * * * *
    (b) If a CEMS is not used to measure emissions, then you must 
report all of the following information in this paragraph (b):
* * * * *
    (13) Annual CO2 emissions (metric tons) from the steam 
reforming of a hydrocarbon or the gasification of solid and liquid raw 
material at the ammonia manufacturing process unit used to produce urea 
and the method used to determine the CO2 consumed in urea 
production.

Subpart H--[AMENDED]

0
13. Section 98.86 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  98.86  Data reporting requirements.

* * * * *
    (a) * * *
    (2) Annual facility cement production.
* * * * *

Subpart K--[AMENDED]

0
14. Section 98.113 is amended by revising Equation K-3 and by removing 
the parameter ``2000/2205'' of Equation K-3 and adding in its place the 
parameter ``2/2205'' to read as follows:


Sec.  98.113  Calculating GHG emissions.

* * * * *
    (d) * * *
    (1) * * *
    [GRAPHIC] [TIFF OMITTED] TP02AP13.001
    
* * * * *

2/2205 = Conversion factor to convert kg CH4/ton of 
product to metric tons CH4.

* * * * *
0
15. Section 98.116 is amended by adding paragraph (e)(2) to read as 
follows:


Sec.  98.116  Data reporting requirements.

* * * * *
    (e) * * *
    (2) Annual process CH4 emissions (in metric tons) from 
each EAF used for the production of any ferroalloy listed in Table K-1 
of this subpart.
* * * * *

Subpart L--[AMENDED]

0
16. Section 98.126 is amended by revising paragraphs (j) introductory 
text, (j)(1), and (j)(3)(i) to read as follows:


Sec.  98.126  Data reporting requirements.

* * * * *
    (j) Special provisions for reporting years 2011, 2012, and 2013 
only. For reporting years 2011, 2012, and 2013, the owner or operator 
of a facility must comply with paragraphs (j)(1), (j)(2), and (j)(3) of 
this section.
    (1) Timing. The owner or operator of a facility is not required to 
report the data elements at Sec.  98.3(c)(4)(iii) and paragraphs 
(a)(2), (a)(3), (a)(4), (a)(6), (b), (c), (d), (e), (f), (g), and (h) 
of this section until the later of March 31, 2015 or the date set forth 
for that data element at Sec.  98.3(c)(4)(vii) and Table A-7 of Subpart 
A of this part.
* * * * *
    (3) * * *
    (i) If you choose to use a default GWP rather than your best 
estimate of the GWP for fluorinated GHGs whose GWPs are not listed in 
Table A-1 of Subpart A of this part, use a default GWP of 10,000 for 
fluorinated GHGs that are fully fluorinated GHGs and use a default GWP 
of 2000 for other fluorinated GHGs.
* * * * *

Subpart N--[AMENDED]

0
17. Section 98.143 is amended by:
0
a. Revising the introductory text.
0
b. Revising paragraph (b) introductory text.
0
c. Revising the parameters ``MFi'' and ``Fi'' of 
Equation N-1.


Sec.  98.143  Calculating GHG emissions.

    You must calculate and report the annual process CO2 
emissions from each continuous glass melting furnace using the 
procedure in paragraphs (a) through (c) of this section.
* * * * *
    (b) For each continuous glass melting furnace that is not subject 
to the requirements in paragraph (a) of this section, calculate and 
report the process and combustion CO2 emissions from the 
glass melting furnace by using either the procedure in paragraph (b)(1) 
of this section or the procedure in paragraph (b)(2) of this section, 
except as specified in paragraph (c) of this section.
* * * * *
    (2) * * *
    (iv) * * *
* * * * *

MFi = Annual average decimal mass fraction of carbonate-
based mineral i in carbonate-based raw material i.

* * * * *
Fi = Decimal fraction of calcination achieved for 
carbonate-based raw material i, assumed to be equal to 1.0.

* * * * *
0
18. Section 98.144 is amended by revising paragraph (b) to read as 
follows:


Sec.  98.144  Monitoring and QA/QC requirements.

* * * * *

[[Page 19852]]

    (b) You must measure carbonate-based mineral mass fractions at 
least annually to verify the mass fraction data provided by the 
supplier of the raw material; such measurements shall be based on 
sampling and chemical analysis using consensus standards that specify 
X-ray fluorescence. For measurements made in years prior to the 
emissions reporting year 2014, you may also use ASTM D3682-01 
(Reapproved 2006) Standard Test Method for Major and Minor Elements in 
Combustion Residues from Coal Utilization Processes (incorporated by 
reference, see Sec.  98.7) or ASTM D6349-09 Standard Test Method for 
Determination of Major and Minor Elements in Coal, Coke, and Solid 
Residues from Combustion of Coal and Coke by Inductively Coupled 
Plasma--Atomic Emission Spectrometry (incorporated by reference, see 
Sec.  98.7).
* * * * *
0
19. Section 98.146 is amended by revising paragraphs (b)(4), (b)(6), 
and (b)(7) to read as follows:


Sec.  98.146  Data reporting requirements.

* * * * *
    (b) * * *
    (4) Carbonate-based mineral decimal mass fraction for each 
carbonate-based raw material charged to a continuous glass melting 
furnace.
* * * * *
    (6) The decimal fraction of calcination achieved for each 
carbonate-based raw material, if a value other than 1.0 is used to 
calculate process mass emissions of CO2.
    (7) Method used to determine decimal fraction of calcination.
* * * * *
0
20. Section 98.147 is amended by revising paragraph (b)(5) to read as 
follows:


Sec.  98.147  Records that must be retained.

* * * * *
    (b) * * *
    (5) The decimal fraction of calcination achieved for each 
carbonate-based raw material, if a value other than 1.0 is used to 
calculate process mass emissions of CO2.
* * * * *

Subpart O--[AMENDED]

0
21. Section 98.153 is amended by:
0
a. Revising paragraph (c) introductory text.
0
b, Revising paragraph (d) introductory text.
0
c. Revising the parameter ``ED'' of Equation O-5.


Sec.  98.153  Calculating GHG emissions.

* * * * *
    (c) For HCFC-22 production facilities that do not use a destruction 
device or that have a destruction device that is not directly connected 
to the HCFC-22 production equipment, HFC-23 emissions shall be 
estimated using Equation O-4 of this section:
* * * * *
    (d) For HCFC-22 production facilities that use a destruction device 
connected to the HCFC-22 production equipment, HFC-23 emissions shall 
be estimated using Equation O-5 of this section:
* * * * *

ED = Mass of HFC-23 emitted annually from destruction 
device (metric tons), calculated using Equation O-8 of this section.

* * * * *
0
22. Section 98.154 is amended by revising paragraph (j) to read as 
follows:


Sec.  98.154  Monitoring and QA/QC requirements.

* * * * *
    (j) The number of sources of equipment type t with screening values 
less than 10,000 ppmv shall be the difference between the number of 
leak sources of equipment type t that could emit HFC-23 and the number 
of sources of equipment type t with screening values greater than or 
equal to 10,000 ppmv as determined under paragraph (i) of this section.
* * * * *
0
23. Section 98.156 is amended by revising paragraph (c) to read as 
follows:


Sec.  98.156  Data reporting requirements.

* * * * *
    (c) Each HFC-23 destruction facility shall report the concentration 
(mass fraction) of HFC-23 measured at the outlet of the destruction 
device during the facility's annual HFC-23 concentration measurements 
at the outlet of the device. If the concentration of HFC-23 is below 
the detection limit of the measuring device, report the detection limit 
and that the concentration is below the detection limit.
* * * * *

Subpart P--[AMENDED]

0
24. Section 98.163 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Revising the parameters ``Fdstkn'', ``CCn'', 
and ``MWn'' of Equation P-1.
0
c. Revising the parameters ``Fdstkn'' and ``CCn'' 
of Equation P-2.
0
d. Revising the parameters ``Fdstkn'' and ``CCn'' 
of Equation P-3.


Sec.  98.163  Calculating GHG emissions.

* * * * *
    (b) Fuel and feedstock material balance approach. Calculate and 
report CO2 emissions as the sum of the annual emissions 
associated with each fuel and feedstock used for hydrogen production by 
following paragraphs (b)(1) through (b)(3) of this section. The carbon 
content and molecular weight shall be obtained from the analyses 
conducted in accordance with Sec.  98.164(b)(2), (b)(3), or (b)(4), as 
applicable, or from the missing data procedures in Sec.  98.165. If the 
analyses are performed annually, then the annual value shall be used as 
the monthly average. If the analyses are performed more frequently than 
monthly, use the arithmetic average of values obtained during the month 
as the monthly average.
    (1) * * *
* * * * *

Fdstkn = Volume of the gaseous fuel or feedstock used in 
month n (scf (at standard conditions of 68 [deg]F and atmospheric 
pressure) of fuel or feedstock).
CCn = Average carbon content of the gaseous fuel and 
feedstock for month n (kg carbon per kg of fuel or feedstock).
MWn = Average molecular weight of the gaseous fuel or 
feedstock for month n (kg/kg-mole).

* * * * *
    (2) * * *
* * * * *

Fdstkn = Volume of the liquid fuel or feedstock used in 
month n (gallons of fuel or feedstock).
CCn = Average carbon content of the liquid fuel or 
feedstock, for month n (kg carbon per gallon of fuel or feedstock).
* * * * *
    (3) * * *
* * * * *

Fdstkn = Mass of solid fuel or feedstock used in month n 
(kg of fuel or feedstock).
CCn = Average carbon content of the solid fuel or 
feedstock, for month n (kg carbon per kg of fuel or feedstock).

* * * * *
0
25. Section 98.164 is amended by:
0
a. Revising paragraphs (b)(3),(b)(4), and (b)(5) introductory text.
0
b. Removing paragraphs (c) and (d).


Sec.  98.164  Monitoring and QA/QC requirements.

* * * * *
    (b) * * *
    (3) Determine the carbon content of fuel oil, naphtha, and other 
liquid fuels and feedstocks at least monthly, except annually for 
standard liquid hydrocarbon fuels and feedstocks having consistent 
composition, or upon delivery for liquid fuels and feedstocks delivered 
by bulk transport (e.g., by truck or rail).

[[Page 19853]]

    (4) Determine the carbon content of coal, coke, and other solid 
fuels and feedstocks at least monthly, except annually for standard 
solid hydrocarbon fuels and feedstocks having consistent composition, 
or upon delivery for solid fuels and feedstocks delivered by bulk 
transport (e.g., by truck or rail).
    (5) You must use the following applicable methods to determine the 
carbon content for all fuels and feedstocks, and molecular weight of 
gaseous fuels and feedstocks. Alternatively, you may use the results of 
chromatographic analysis of the fuel and feedstock, provided that the 
chromatograph is operated, maintained, and calibrated according to the 
manufacturer's instructions; and the methods used for operation, 
maintenance, and calibration of the chromatograph are documented in the 
written monitoring plan for the unit under Sec.  98.3(g)(5).
* * * * *
0
26. Section 98.166 is amended by revising paragraphs (a)(2) and (a)(3) 
to read as follows:


Sec.  98.166  Data reporting requirements.

* * * * *
    (a) * * *
    (2) Annual quantity of hydrogen produced (metric tons) for each 
process unit.
    (3) Annual quantity of ammonia produced (metric tons), if 
applicable, for each process unit.
* * * * *
0
27. Section 98.167 is amended by adding paragraphs (c) and (d) to read 
as follows:


Sec.  98.167  Records that must be retained.

* * * * *
    (c) For units using the calculation methodologies described 
98.163(b), the records required under Sec.  98.3(g) must include both 
the company records and a detailed explanation of how company records 
are used to estimate the following:
    (1) Fuel and feedstock consumption, when solid fuel and feedstock 
is combusted and a CEMS is not used to measure GHG emissions.
    (2) Fossil fuel consumption, when, pursuant to Sec.  98.33(e), the 
owner or operator of a unit that uses CEMS to quantify CO2 
emissions and that combusts both fossil and biogenic fuels separately 
reports the biogenic portion of the total annual CO2 
emissions.
    (3) Sorbent usage, if the methodology in Sec.  98.33(d) is used to 
calculate CO2 emissions from sorbent.
    (d) The owner or operator must document the procedures used to 
ensure the accuracy of the estimates of fuel and feedstock usage and 
sorbent usage (as applicable) in Sec.  98.163(b), including, but not 
limited to, calibration of weighing equipment, fuel and feedstock flow 
meters, and other measurement devices. The estimated accuracy of 
measurements made with these devices must also be recorded, and the 
technical basis for these estimates must be provided.

Subpart Q--[AMENDED]

0
28. Section 98.170 is amended by revising the first sentence to read as 
follows:


Sec.  98.170  Definition of the source category.

    The iron and steel production source category includes facilities 
with any of the following processes: taconite iron ore processing, 
integrated iron and steel manufacturing, cokemaking not colocated with 
an integrated iron and steel manufacturing process, direct reduction 
furnaces not collocated with an integrated iron and steel manufacturing 
process, and electric arc furnace (EAF) steelmaking not colocated with 
an integrated iron and steel manufacturing process. * * *
0
29. Section 98.173 is amended by:
0
a. Revising the parameters ``(Fs)'', ``(Csf)'', 
``(Fg)'', ``(Fl)'', ``(C0)'', 
``(Cp)'', and ``(CR)'' of Equation Q-1 in 
paragraph (b)(1)(i).
0
b. Revising the parameters ``(CIron)'', 
``(CScrap)'', ``(CFlux)'', 
``(CCarbon)'', ``(CSteel)'', 
``(CSlag)'', and ``(CR)'' of Equation Q-2 in 
paragraph (b)(1)(ii).
0
c. Revising the parameters ``(CCoal)'', 
``(CCoke)'', and ``(CR)'' of Equation Q-3 in 
paragraph (b)(1)(iii).
0
d. Revising the parameters ``(Fg)'', ``(CFeed)'', 
``(CSinter)'', and ``(CR)'' of Equation Q-4 in 
paragraph (b)(1)(iv).
0
e. Revising paragraph (b)(1)(v).
0
f. Revising Equation Q-6 and revising the parameters 
``(CSteelin)'', ``(CSteelout)'', and 
``(CR)'' of Equation Q-6 in paragraph (b)(1)(vi).
0
g. Revising the parameters ``(Fg)'', ``(COre)'', 
``(CCarbon)'', ``(COther)'', 
``(CIron)'', ``(CNM)'', and ``(CR)'' 
of Equation Q-7 in paragraph (b)(1)(vii).
0
h. Revising paragraphs (c) and (d).


Sec.  98.173  Calculating GHG emissions.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
* * * * *

(Fs) = Annual mass of the solid fuel used (metric tons).
(Csf) = Carbon content of the solid fuel, from the fuel 
analysis (expressed as a decimal fraction).
(Fg) = Annual volume of the gaseous fuel used (scf).

* * * * *

(Fl) = Annual volume of the liquid fuel used (gallons).

* * * * *

(C0) = Carbon content of the greenball (taconite) 
pellets, from the carbon analysis results (expressed as a decimal 
fraction).

* * * * *

(Cp) = Carbon content of the fired pellets, from the 
carbon analysis results (expressed as a decimal fraction).

* * * * *

(CR) = Carbon content of the air pollution control 
residue, from the carbon analysis results (expressed as a decimal 
fraction).

    (ii) * * *
* * * * *

(CIron) = Carbon content of the molten iron, from the 
carbon analysis results (expressed as a decimal fraction).

* * * * *

(CScrap) = Carbon content of the ferrous scrap, from the 
carbon analysis results (expressed as a decimal fraction).

* * * * *

(CFlux) = Carbon content of the flux materials, from the 
carbon analysis results (expressed as a decimal fraction).

* * * * *

(CCarbon) = Carbon content of the carbonaceous materials, 
from the carbon analysis results (expressed as a decimal fraction).

* * * * *

(CSteel) = Carbon content of the steel, from the carbon 
analysis results (expressed as a decimal fraction).

* * * * *

(CSlag) = Carbon content of the slag, from the carbon 
analysis (expressed as a decimal fraction).

* * * * *

(CR) = Carbon content of the air pollution control 
residue, from the carbon analysis results (expressed as a decimal 
fraction).

    (iii) * * *
* * * * *

(CCoal) = Carbon content of the coal, from the carbon 
analysis results (expressed as a decimal fraction).

* * * * *

(CCoke) = Carbon content of the coke, from the carbon 
analysis results (expressed as a decimal fraction).

* * * * *


[[Page 19854]]


(CR) = Carbon content of the air pollution control 
residue, from the carbon analysis results (expressed as a decimal 
fraction).

    (iv) * * *
* * * * *

(Fg) = Annual volume of the gaseous fuel used (scf).

* * * * *

(CFeed) = Carbon content of the mixed sinter feed 
materials that form the bed entering the sintering machine, from the 
carbon analysis results (expressed as a decimal fraction).

* * * * *

(CSinter) = Carbon content of the sinter pellets, from 
the carbon analysis results (expressed as a decimal fraction).

* * * * *

(CR) = Carbon content of the air pollution control 
residue, from the carbon analysis results (expressed as a decimal 
fraction).

    (v) For EAFs, estimate CO2 emissions using Equation Q-5 
of this section.
[GRAPHIC] [TIFF OMITTED] TN02AP13.017


Where:
CO2 = Annual CO2 mass emissions from the EAF 
(metric tons).
44/12 = Ratio of molecular weights, CO2 to carbon.
(Iron) = Annual mass of direct reduced iron (if any) charged to the 
furnace (metric tons).
(CIron) = Carbon content of the direct reduced iron, from 
the carbon analysis results (expressed as a decimal fraction).
(Scrap) = Annual mass of ferrous scrap charged to the furnace 
(metric tons).
(CScrap) = Carbon content of the ferrous scrap, from the 
carbon analysis results (expressed as a decimal fraction).
(Flux) = Annual mass of flux materials (e.g., limestone, dolomite) 
charged to the furnace (metric tons).
(CFlux) = Carbon content of the flux materials, from the 
carbon analysis results (expressed as a decimal fraction).
(Electrode) = Annual mass of carbon electrode consumed (metric 
tons).
(CElectrode) = Carbon content of the carbon electrode, 
from the carbon analysis results (expressed as a decimal fraction).
(Carbon) = Annual mass of carbonaceous materials (e.g., coal, coke) 
charged to the furnace (metric tons).
(CCarbon) = Carbon content of the carbonaceous materials, 
from the carbon analysis results (expressed as a decimal fraction).
(Steel) = Annual mass of molten raw steel produced by the furnace 
(metric tons).
(CSteel) = Carbon content of the steel, from the carbon 
analysis results (expressed as a decimal fraction).
(Fg) = Annual volume of the gaseous fuel used (scf at 60 
degrees F and one atmosphere).
(Cgf) = Average carbon content of the gaseous fuel, from 
the fuel analysis results (kg C per kg of fuel).
(MW) = Molecular weight of the gaseous fuel (kg/kg-mole).
(MVC) = Molar volume conversion factor (836.6 scf per kg-mole at 
standard conditions of 60 degrees F and one atmosphere).
(0.001) = Conversion factor from kg to metric tons.
(Slag) = Annual mass of slag produced by the furnace (metric tons).
(CSlag) = Carbon content of the slag, from the carbon 
analysis results (expressed as a decimal fraction).
(R) = Annual mass of air pollution control residue collected (metric 
tons).
(CR) = Carbon content of the air pollution control 
residue, from the carbon analysis results (expressed as a decimal 
fraction).

    (vi) * * *
    [GRAPHIC] [TIFF OMITTED] TP02AP13.002
    
* * * * *

(CSteelin) = Carbon content of the molten steel before 
decarburization, from the carbon analysis results (expressed as a 
decimal fraction).
(CSteelout) = Carbon content of the molten steel after 
decarburization, from the carbon analysis results (expressed as a 
decimal fraction).

* * * * *

(CR) = Carbon content of the air pollution control 
residue, from the carbon analysis results (expressed as a decimal 
fraction).

    (vii) * * *
* * * * *

(Fg) = Annual volume of the gaseous fuel used (scf).

* * * * *

(COre) = Carbon content of the iron ore or iron ore 
pellets, from the carbon analysis results (expressed as a decimal 
fraction).

* * * * *

(CCarbon) = Carbon content of the carbonaceous materials, 
from the carbon analysis results (expressed as a decimal fraction).

* * * * *

(COther) = Average carbon content of the other materials 
charged to the furnace, from the carbon analysis results (expressed 
as a decimal fraction).

* * * * *

(CIron) = Carbon content of the iron, from the carbon 
analysis results (expressed as a decimal fraction).

* * * * *

(CNM) = Carbon content of the non-metallic materials, 
from the carbon analysis results (expressed as a decimal fraction).

* * * * *

(CR) = Carbon content of the air pollution control 
residue, from the carbon analysis results (expressed as a decimal 
fraction).

* * * * *
    (c) You must determine emissions of CO2 from the coke 
pushing process in mtCO2e by multiplying the metric tons of 
coal charged to the by-product recovery and non-recovery coke ovens 
during the reporting period by 0.008.
    (d) If GHG emissions from a taconite indurating furnace, basic 
oxygen furnace, non-recovery coke oven battery, sinter process, EAF, 
decarburization vessel, or direct reduction furnace are vented through 
a stack equipped with a CEMS that complies with the Tier 4 methodology 
in subpart C of this part, or through the same stack as any combustion 
unit or process equipment that reports CO2 emissions using a 
CEMS that complies with the Tier 4 Calculation Methodology in subpart C 
of this part (General Stationary Fuel Combustion Sources), then the 
calculation methodology in paragraph (b) of this section shall not be 
used to calculate process emissions. The owner

[[Page 19855]]

or operator shall report under this subpart the combined stack 
emissions according to the Tier 4 Calculation Methodology in Sec.  
98.33(a)(4) and comply with all associated requirements for Tier 4 in 
subpart C of this part (General Stationary Fuel Combustion Sources).
0
30. Section 98.174 is amended by revising the last sentence of 
paragraph (b)(1), and revising paragraph (c)(2), to read as follows:


Sec.  98.174  Monitoring and QA/QC requirements.

* * * * *
    (b) * * *
    (1) * * * Determine the mass rate of fuels using the procedures for 
combustion units in Sec.  98.34. No determination of the mass of steel 
output from decarburization vessels is required.
* * * * *
    (c) * * *
    (2)(i) For the exhaust from basic oxygen furnaces, EAFs, 
decarburization vessels, and direct reduction furnaces, sample the 
furnace exhaust for at least three complete production cycles that 
start when the furnace is being charged and end after steel or iron and 
slag have been tapped. For EAFs that produce both carbon steel and 
stainless or specialty (low carbon) steel, develop an emission factor 
for the production of both types of steel.
    (ii) For the exhaust from continuously charged EAFs, sample the 
exhaust for a period spanning at least three hours. For EAFs that 
produce both carbon steel and stainless or specialty (low carbon) 
steel, develop an emission factor for the production of both types of 
steel.
* * * * *
0
31. Section 98.175 is amended by revising paragraph (a) to read as 
follows:


Sec.  98.175  Procedures for estimating missing data.

* * * * *
    (a) Except as provided in Sec.  98.174(b)(4), 100 percent data 
availability is required for the carbon content of inputs and outputs 
for facilities that estimate emissions using the carbon mass balance 
procedure in Sec.  98.173(b)(1) or facilities that estimate emissions 
using the site-specific emission factor procedure in Sec.  
98.173(b)(2).
* * * * *
0
32. Section 98.176 is amended by revising paragraph (e) introductory 
text to read as follows:


Sec.  98.176  Data reporting requirements.

* * * * *
    (e) If you use the carbon mass balance method in Sec.  98.173(b)(1) 
to determine CO2 emissions, you must, except as provided in 
Sec.  98.174(b)(4), report the following information for each process:
* * * * *
0
33. Section 98.177 is amended by revising paragraph (b) to read as 
follows:


Sec.  98.177  Records that must be retained.

* * * * *
    (b) When the carbon mass balance method is used to estimate 
emissions for a process, the monthly mass of each process input and 
output that are used to determine the annual mass, except that no 
determination of the mass of steel output from decarburization vessels 
is required.
* * * * *

Subpart S--[AMENDED]

0
34. Section 98.190 is amended by revising paragraph (a) to read as 
follows:


Sec.  98.190  Definition of the source category.

    (a) Lime manufacturing plants (LMPs) engage in the manufacture of a 
lime product by calcination of limestone, dolomite, shells or other 
calcareous substances as defined in 40 CFR 63.7081(a)(1).
* * * * *
0
35. Section 98.193 is amended by:
0
a. Revising paragraph (a).
0
b. Revising paragraph (b)(1).
0
c. Revising paragraph (b)(2) introductory text.
0
d. Revising paragraph (b)(2)(ii) introductory text.
0
e. Revising the parameters ``EFLKD,i,n'', 
``CaOLKD,i,n'' and ``MgOLKD,i,n'' of Equation S-
2.
0
f. Revising paragraph (b)(2)(iii) introductory text.
0
g. Revising the parameters ``Ewaste,i'', 
``CaOwaste,i'', ``MgOwaste,i'', and 
``Mwaste,i'' of Equation S-3.
0
h. Revising paragraph (b)(2)(iv) introductory text.
0
i. Revising the parameters ``ECO2'', 
``EFLKD,i,n'', ``MLKD,i,n'', 
``Ewaste,i'', ``b'' and ``z'' of Equation S-4 to read as 
follows:


Sec.  98.193  Calculating GHG emissions.

* * * * *
    (a) If all lime kilns meet the conditions specified in Sec.  
98.33(b)(4)(ii) or (b)(4)(iii), you must calculate and report under 
this subpart the combined process and combustion CO2 
emissions from all lime kilns by operating and maintaining a CEMS to 
measure CO2 emissions according to the Tier 4 Calculation 
Methodology specified in Sec.  98.33(a)(4) and all associated 
requirements for Tier 4 in subpart C of this part (General Stationary 
Fuel Combustion Sources).
    (b) * * *
    (1) Calculate and report under this subpart the combined process 
and combustion CO2 emissions from all lime kilns by 
operating and maintaining a CEMS to measure CO2 emissions 
from all lime kilns according to the Tier 4 Calculation Methodology 
specified in Sec.  98.33(a)(4) and all associated requirements for Tier 
4 in subpart C of this part (General Stationary Fuel Combustion 
Sources).
    (2) Calculate and report process and combustion CO2 
emissions from all lime kilns separately using the procedures specified 
in paragraphs (b)(2)(i) through (b)(2)(v) of this section.
* * * * *
    (ii) You must calculate a monthly emission factor for each type of 
calcined byproduct or waste sold (including lime kiln dust) using 
Equation S-2 of this section:
* * * * *

EFLKD, i, n = Emission factor for calcined lime byproduct 
or waste type i sold, for month n (metric tons CO2/ton 
lime byproduct).
CaOLKD, i, n = Calcium oxide content for calcined lime 
byproduct or waste type i sold, for month n (metric tons CaO/metric 
ton lime).
MgOLKD, i ,n = Magnesium oxide content for calcined lime 
byproduct or waste type i sold, for month n (metric tons MgO/metric 
ton lime).

* * * * *
    (iii) You must calculate the annual CO2 emissions from 
each type of calcined byproduct or waste that is not sold (including 
lime kiln dust and scrubber sludge) using Equation S-3 of this section:
* * * * *

Ewaste, i = Annual CO2 emissions for calcined 
lime byproduct or waste type i that is not sold (metric tons 
CO2).

* * * * *

CaOwaste, i = Calcium oxide content for calcined lime 
byproduct or waste type i that is not sold (metric tons CaO/metric 
ton lime).
MgOwaste, i = Magnesium oxide content for calcined lime 
byproduct or waste type i that is not sold (metric tons MgO/metric 
ton lime).
Mwaste, i = Annual weight or mass of calcined byproducts 
or wastes for lime type i that is not sold (tons).

* * * * *
    (iv) You must calculate annual CO2 process emissions for 
all lime kilns using Equation S-4 of this section:
* * * * *


[[Page 19856]]


ECO2 = Annual CO2 process emissions from lime 
production from all lime kilns (metric tons/year).

* * * * *

EFLKD, i, n = Emission factor of calcined byproducts or 
wastes sold for lime type i in calendar month n, (metric tons 
CO2/ton byproduct or waste) from Equation S-2 of this 
section.
MLKD, i, n = Monthly weight or mass of calcined 
byproducts or waste sold (such as lime kiln dust, LKD) for lime type 
i in calendar month n (tons).
Ewaste, i = Annual CO2 emissions for calcined 
lime byproduct or waste type i that is not sold (metric tons 
CO2) from Equation S-3 of this section.

* * * * *

b = Number of calcined byproducts or wastes that are sold.
z = Number of calcined byproducts or wastes that are not sold.

* * * * *
0
36. Section 98.194 is amended by:
0
a. Revising paragraph (a).
0
b. Revising paragraph (b).
0
c. Revising paragraph (c) introductory text.


Sec.  98.194  Monitoring and QA/QC requirements.

    (a) You must determine the total quantity of each type of lime 
product that is produced and each calcined byproduct or waste (such as 
lime kiln dust) that is sold. The quantities of each should be directly 
measured monthly with the same plant instruments used for accounting 
purposes, including but not limited to, calibrated weigh feeders, rail 
or truck scales, and barge measurements. The direct measurements of 
each lime product shall be reconciled annually with the difference in 
the beginning of and end of year inventories for these products, when 
measurements represent lime sold.
    (b) You must determine the annual quantity of each calcined 
byproduct or waste generated that is not sold by either direct 
measurement using the same instruments identified in paragraph (a) of 
this section or by using a calcined byproduct or waste generation rate.
    (c) You must determine the chemical composition (percent total CaO 
and percent total MgO) of each type of lime product that is produced 
and each type of calcined byproduct or waste sold according to 
paragraph (c)(1) or (2) of this section. You must determine the 
chemical composition of each type of lime product that is produced and 
each type of calcined byproduct or waste sold on a monthly basis. You 
must determine the chemical composition for each type of calcined 
byproduct or waste that is not sold on an annual basis.
* * * * *
0
37. Section 98.195 is amended by revising paragraph (a).


Sec.  98.195  Procedures for estimating missing data.

* * * * *
    (a) For each missing value of the quantity of lime produced (by 
lime type), and quantity of calcined byproduct or waste produced and 
sold, the substitute data value shall be the best available estimate 
based on all available process data or data used for accounting 
purposes.
* * * * *
0
38. Section 98.196 is amended by revising paragraphs (a)(1), (a)(2), 
(a)(4), (a)(5), (a)(7), (b)(1) through (b)(6), (b)(9), (b)(10), 
(b)(11), and (b)(14) to read as follows:


Sec.  98.196  Data reporting requirements.

* * * * *
    (a) * * *
    (1) Method used to determine the quantity of lime that is produced 
and quantity of lime that is sold.
    (2) Method used to determine the quantity of calcined lime 
byproduct or waste sold.
* * * * *
    (4) Beginning and end of year inventories for calcined lime 
byproducts or wastes sold, by type.
    (5) Annual amount of calcined lime byproduct or waste sold, by type 
(tons).
* * * * *
    (7) Annual amount of calcined lime byproduct or waste that is not 
sold, by type (tons).
* * * * *
    (b) * * *
    (1) Annual CO2 process emissions from all lime kilns 
combined (metric tons).
    (2) Monthly emission factors (metric ton CO2/ton lime 
product) for each lime product type produced.
    (3) Monthly emission factors for each calcined byproduct or waste 
by lime type that is sold.
    (4) Standard method used (ASTM or NLA testing method) to determine 
chemical compositions of each lime type produced and each calcined lime 
byproduct or waste type.
    (5) Monthly results of chemical composition analysis of each type 
of lime product produced and calcined byproduct or waste sold.
    (6) Annual results of chemical composition analysis of each type of 
lime byproduct or waste that is not sold.
* * * * *
    (9) Method used to determine the quantity of calcined lime 
byproduct or waste sold.
    (10) Monthly amount of calcined lime byproduct or waste sold, by 
type (tons).
    (11) Annual amount of calcined lime byproduct or waste that is not 
sold, by type (tons).
* * * * *
    (14) Beginning and end of year inventories for calcined lime 
byproducts or wastes sold.
* * * * *

Subpart V--[AMENDED]

0
39. Section 98.222 is amended by revising paragraph (a) to read as 
follows:


Sec.  98.222  GHGs to report.

    (a) You must report N2O process emissions from each 
nitric acid train as required by this subpart.
* * * * *
0
40. Section 98.223 is amended by:
0
a. Revising paragraphs (b) introductory text, (b)(1), (b)(3), (d) 
introductory text, and (e).
0
b. Revising parameters ``EN2Ot'', ``Pt'', ``DF'', 
and ``AF'' of Equation V-3a.
0
c. Revising paragraph (g)(2) introductory text.
0
d. Revising parameters ``EN2Ot'', ``EFN2O, t'', 
``Pt'', ``DF1'', ``AF1'', 
``DF2'', ``AF2'', ``DFN'', and 
``AFN'' of Equation V-3b.
0
e. Revising paragraph (g)(3) introductory text.
0
f. Revising parameters ``EN2Ot'', ``EFN2O, t'', 
``Pt'', ``DFN'', ``AFN'', and 
``FCN'' of Equation V-3c.
0
g. Revising parameter ``EN2Ot'' of Equation V-3d.
0
h. Revising paragraph (i).


Sec.  98.223  Calculating GHG emissions.

* * * * *
    (b) You must conduct an annual performance test for each nitric 
acid train according to paragraphs (b)(1) through (b)(3) of this 
section.
    (1) You must conduct the performance test at the absorber tail gas 
vent, referred to as the test point, for each nitric acid train 
according to Sec.  98.224(b) through (f). If multiple nitric acid 
trains exhaust to a common abatement technology and/or emission point, 
you must sample each process in the ducts before the emissions are 
combined, sample each process when only one process is operating, or 
sample the combined emissions when multiple processes are operating and 
base the site-specific emission factor on the combined production rate 
of the multiple nitric acid trains.
* * * * *
    (3) You must measure the production rate during the performance 
test and

[[Page 19857]]

calculate the production rate for the test period in tons (100 percent 
acid basis) per hour.
* * * * *
    (d) If nitric acid train ``t'' exhausts to any N2O 
abatement technology ``N'', you must determine the destruction 
efficiency for each N2O abatement technology ``N'' according 
to paragraphs (d)(1), (d)(2), or (d)(3) of this section.
* * * * *
    (e) If nitric acid train ``t'' exhausts to any N2O 
abatement technology ``N'', you must determine the annual amount of 
nitric acid produced on nitric acid train ``t'' while N2O 
abatement technology ``N'' is operating according to Sec.  98.224(f). 
Then you must calculate the abatement utilization factor for each 
N2O abatement technology ``N'' for each nitric acid train 
``t'' according to Equation V-2 of this section.
* * * * *
    (g) * * *
    (1) * * *
* * * * *

EN2Ot = Annual N2O mass emissions from nitric 
acid train ``t'' according to this Equation V-3a (metric tons).

* * * * *

Pt = Annual nitric acid production from nitric acid train 
``t'' (ton acid produced, 100 percent acid basis).
DF = Destruction efficiency of N2O abatement technology N 
that is used on nitric acid train ``t'' (decimal fraction of 
N2O removed from vent stream).
AF = Abatement utilization factor of N2O abatement 
technology ``N'' for nitric acid train ``t'' (decimal fraction of 
annual production during which abatement technology is operating).

* * * * *
    (2) If multiple N2O abatement technologies are located 
in series after your test point, you must use the emissions factor 
(determined in Equation V-1 of this section), the destruction 
efficiency (determined in paragraph (d) of this section), the annual 
nitric acid production (determined in paragraph (i) of this section), 
and the abatement utilization factor (determined in paragraph (e) of 
this section), according to Equation V-3b of this section:
* * * * *

EN2Ot = Annual N2O mass emissions from nitric 
acid train ``t'' according to this Equation V-3b (metric tons).
EFN2O, t = N2O emissions factor for nitric 
acid train ``t'' (lb N2O/ton nitric acid produced).
Pt = Annual nitric acid produced from nitric acid train 
``t'' (ton acid produced, 100 percent acid basis).
DF1 = Destruction efficiency of N2O abatement 
technology 1 (decimal fraction of N2O removed from vent 
stream).
AF1 = Abatement utilization factor of N2O 
abatement technology 1 (decimal fraction of time that abatement 
technology 1 is operating).
DF2 = Destruction efficiency of N2O abatement 
technology 2 (decimal fraction of N2O removed from vent 
stream).
AF2 = Abatement utilization factor of N2O 
abatement technology 2 (decimal fraction of time that abatement 
technology 2 is operating).
DFN = Destruction efficiency of N2O abatement 
technology N (decimal fraction of N2O removed from vent 
stream).
AFN = Abatement utilization factor of N2O 
abatement technology N (decimal fraction of time that abatement 
technology N is operating).

* * * * *
    (3) If multiple N2O abatement technologies are located 
in parallel after your test point, you must use the emissions factor 
(determined in Equation V-1 of this section), the destruction 
efficiency (determined in paragraph (d) of this section), the annual 
nitric acid production (determined in paragraph (i) of this section), 
and the abatement utilization factor (determined in paragraph (e) of 
this section), according to Equation V-3c of this section:
* * * * *

EN2Ot = Annual N2O mass emissions from nitric 
acid train ``t'' according to this Equation V-3c (metric tons).
EFN2O, t = N2O emissions factor for nitric 
acid train ``t'' (lb N2O/ton nitric acid produced).
Pt = Annual nitric acid produced from nitric acid train 
``t'' (ton acid produced, 100 percent acid basis).
DFN = Destruction efficiency of N2O abatement 
technology ``N'' (decimal fraction of N2O removed from 
vent stream).
AFN = Abatement utilization factor of N2O 
abatement technology ``N'' (decimal fraction of time that abatement 
technology ``N'' is operating).
FCN = Fraction control factor of N2O abatement 
technology ``N'' (decimal fraction of total emissions from nitric 
acid train ``t'' that are sent to abatement technology ``N'').

* * * * *
    (4) * * *
* * * * *

EN2Ot = Annual N2O mass emissions from nitric 
acid train ``t'' according to this Equation V-3d (metric tons).

* * * * *
    (i) You must determine the total annual amount of nitric acid 
produced on each nitric acid train ``t'' (tons acid produced, 100 
percent acid basis), according to Sec.  98.224(f).
0
41. Section 98.224 is amended by revising paragraphs (c) introductory 
text, (e), and (f) to read as follows:


Sec.  98.224  Monitoring and QA/QC requirements.

* * * * *
    (c) You must determine the production rate(s) (100 percent acid 
basis) from each nitric acid train during the performance test 
according to paragraphs (c)(1) or (c)(2) of this section.
* * * * *
    (e) You must determine the total monthly amount of nitric acid 
produced. You must also determine the monthly amount of nitric acid 
produced while N2O abatement technology is operating from 
each nitric acid train. These monthly amounts are determined according 
to the methods in paragraphs (c)(1) or (2) of this section.
    (f) You must determine the annual amount of nitric acid produced. 
You must also determine the annual amount of nitric acid produced while 
N2O abatement technology is operating for each nitric acid 
train. These annual amounts are determined by summing the respective 
monthly nitric acid quantities determined in paragraph (e) of this 
section.
0
42. Section 98.226 is amended by:
0
a. Revising paragraph (a) and paragraph (n) introductory text.
0
b. Adding and reserving paragraph (o).
0
c. Revising paragraph (p).


Sec.  98.226  Data reporting requirements.

* * * * *
    (a) Nitric Acid train identification number.
* * * * *
    (n) If you requested Administrator approval for an alternative 
method of determining N2O emissions under Sec.  
98.223(a)(2), each annual report must also contain the information 
specified in paragraphs (n)(1) through (n)(4) of this section for each 
nitric acid production facility.
* * * * *
    (o) [Reserved]
    (p) Fraction control factor for each abatement technology (percent 
of total emissions from the nitric acid train that are sent to the 
abatement technology) if Equation V-3c is used.

Subpart X--[AMENDED]

0
43. Section 98.242 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  98.242  GHGs to report.

* * * * *
    (b) * * *
    (2) If you comply with Sec.  98.243(c), report CO2, 
CH4, and N2O combustion

[[Page 19858]]

emissions under subpart C of this part (General Stationary Fuel 
Combustion Sources) by following the requirements of subpart C for all 
fuels, except emissions from burning petrochemical process off-gas in 
any combustion unit are not to be reported under subpart C of this 
part. Determine the applicable Tier in subpart C of this part (General 
Stationary Fuel Combustion Sources) based on the maximum rated heat 
input capacity of the stationary combustion source.
* * * * *
0
44. Section 98.243 is amended by:
0
a. Revising paragraph (b).
0
b. Revising paragraphs (c)(3) and (c)(4).
0
c. Revising the parameters ``Cg'', 
``(Fgf)i, n'', 
``(Pgp)i, n'', and 
``(MWp)i'' of Equation X-1.
0
d. Removing the parameter ``(MWf)I'' of Equation 
X-1 and adding parameter ``(MWf)i, n'' in its 
place.
0
e. Revising paragraph (d)(3)(i).


Sec.  98.243  Calculating GHG emissions.

* * * * *
    (b) Continuous emission monitoring system (CEMS). Route all process 
vent emissions and emissions from stationary combustion units that burn 
any amount of process off-gas to one or more stacks and determine GHG 
emissions as specified in paragraphs (b)(1) through (3) of this 
section.
    (1) Determine CO2 emissions from each stack (except 
flare stacks) according to the Tier 4 Calculation Methodology 
requirements in subpart C of this part.
    (2) For each stack (except flare stacks) that includes emissions 
from combustion of petrochemical process off-gas, calculate 
CH4 and N2O emissions in accordance with subpart 
C of this part (use Equation C-10 and the ``fuel gas'' emission factors 
in Table C-2 of subpart C of this part.
    (3) For each flare, calculate CO2, CH4, and 
N2O emissions using the methodology specified in Sec.  
98.253(b)(1) through (b)(3).
    (c) * * *
    (3) Collect a sample of each feedstock and product at least once 
per month and determine the carbon content of each sample according to 
the procedures of Sec.  98.244(b)(4). If multiple valid carbon content 
measurements are made during the monthly measurement period, average 
them arithmetically. However, if a particular liquid or solid feedstock 
is delivered in lots, and if multiple deliveries of the same feedstock 
are received from the same supply source in a given calendar month, 
only one representative sample is required. Alternatively, you may use 
the results of analyses conducted by a feedstock supplier, or product 
customer, provided the sampling and analysis is conducted at least once 
per month using any of the procedures specified in Sec.  98.244(b)(4).
    (4) If you determine that the monthly average concentration of a 
specific compound in a feedstock or product is greater than 99.5 
percent by volume or mass, then as an alternative to the sampling and 
analysis specified in paragraph (c)(3) of this section, you may 
determine carbon content in accordance with paragraphs (c)(4)(i) 
through (iii) of this section.
    (i) Calculate the carbon content assuming 100 percent of that 
feedstock or product is the specific compound.
    (ii) Maintain records of any determination made in accordance with 
this paragraph (c)(4) along with all supporting data, calculations, and 
other information.
    (iii) Reevaluate determinations made under this paragraph (c)(4) 
after any process change that affects the feedstock or product 
composition. Keep records of the process change and the corresponding 
composition determinations. If the feedstock or product composition 
changes so that the average monthly concentration falls below 99.5 
percent, you are no longer permitted to use this alternative method.
    (5) * * *
    (i) * * *
* * * * *

Cg = Annual net contribution to calculated emissions from 
carbon (C) in gaseous materials, including streams containing 
CO2 recovered for sale or use in another process (kg/yr).
(Fgf)i,n = Volume or mass of gaseous feedstock 
i introduced in month ``n'' (scf or kg). If you measure mass, the 
term (MWf)i/MVC is replaced with ``1''.

* * * * *

(MWf)i,n = Molecular weight of gaseous 
feedstock i in month ``n''(kg/kg-mole).

* * * * *

(Pgp)i,n = Volume or mass of gaseous product i 
produced in month ``n'' (scf or kg). If you measure mass, the term 
(MWp)i/MVC is replaced with ``1''.

* * * * *

(MWp)i,n = Molecular weight of gaseous product 
i in month ``n'' (kg/kg-mole).

* * * * *
    (d) * * *
    (3) * * *
    (i) For all gaseous fuels that contain ethylene process off-gas, 
use the emission factors for ``Fuel Gas'' in Table C-2 of subpart C of 
this part (General Stationary Fuel Combustion Sources).
* * * * *
0
45. Section 98.244 is amended by:
0
a. Revising the last sentence of paragraph (b)(4) introductory text, 
and paragraphs (b)(4)(xiii), (b)(4)(xiv), and (b)(4)(xv)(A).
0
b. Adding paragraph (c).


Sec.  98.244  Monitoring and QA/QC requirements.

* * * * *
    (b) * * *
    (4) * * * Analyses conducted in accordance with methods specified 
in paragraphs (b)(4)(i) through (b)(4)(xv) of this section may be 
performed by the owner or operator, by an independent laboratory, by 
the supplier of a feedstock, or by a product customer.
* * * * *
    (xiii) The results of chromatographic analysis of a feedstock or 
product, provided that the chromatograph is operated, maintained, and 
calibrated according to the manufacturer's instructions.
    (xiv) The results of mass spectrometer analysis of a feedstock or 
product, provided that the mass spectrometer is operated, maintained, 
and calibrated according to the manufacturer's instructions.
    (xv) * * *
    (A) An industry standard practice or a method published by a 
consensus-based standards organization if such a method exists for 
carbon black feedstock oils and carbon black products. Consensus-based 
standards organizations include, but are not limited to, the following: 
ASTM International (100 Barr Harbor Drive, P.O. Box CB700, West 
Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, http://www.astm.org), the American National Standards Institute (ANSI, 1819 L 
Street, NW., 6th floor, Washington, DC 20036, (202) 293-8020, http://www.ansi.org), the American Gas Association (AGA, 400 North Capitol 
Street, NW., 4th Floor, Washington, DC 20001, (202) 824-7000, http://www.aga.org), the American Society of Mechanical Engineers (ASME, Three 
Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://www.asme.org), the American Petroleum Institute (API, 1220 L Street, 
NW., Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), 
and the North American Energy Standards Board (NAESB, 801 Travis 
Street, Suite 1675, Houston, TX 77002, (713) 356-0060, http://www.naesb.org). The method(s) used shall be documented in the 
monitoring plan required under Sec.  98.3(g)(5).
* * * * *

[[Page 19859]]

    (c) If you comply with Sec.  98.243(b) or (d), conduct monitoring 
and QA/QC for flares in accordance with Sec.  98.254.
0
46. Section 98.245 is revised to read as follows:


Sec.  98.245  Procedures for estimating missing data.

    For missing feedstock and product flow rates, use the same 
procedures as for missing fuel usage as specified in Sec.  98.35(b)(2). 
For missing feedstock and product carbon contents and missing molecular 
weights for gaseous feedstocks and products, use the same procedures as 
for missing carbon contents and missing molecular weights for fuels as 
specified in Sec.  98.35(b)(1). For missing flare data, follow the 
procedures in Sec.  98.255(b) and (c).
0
47. Section 98.246 is amended by:
0
a. Revising paragraphs (a)(6), (a)(8), (a)(9), (a)(11) introductory 
text, (b)(2), (b)(4), and (b)(5).
0
b. Removing and reserving paragraphs (b)(5)(i) through (iv), and 
(b)(6).
0
c. Revising paragraph (c)(4).


Sec.  98.246  Data reporting requirements.

* * * * *
    (a) * * *
    (6) For each feedstock and product, provide the information 
specified in paragraphs (a)(6)(i) through (a)(6)(iii) of this section.
    (i) Name of each method used to determine carbon content or 
molecular weight in accordance with 98.244(b)(4);
    (ii) Description of each type of device (e.g., flow meter, weighing 
device) used to determine flow or mass in accordance 98.244(b)(1) 
through (3).
    (iii) Identification of each method (i.e., method number, title, or 
other description) used to determine flow or mass in accordance with 
98.244(b)(1) through (3).
* * * * *
    (8) Identification of each combustion unit that burned both process 
off-gas and supplemental fuel, including combustion units that are not 
part of the petrochemical process unit.
    (9) If you comply with the alternative to sampling and analysis 
specified in Sec.  98.243(c)(4), the number of days during which off-
specification product was produced, and if applicable, the date of any 
process change that reduced the composition to less than 99.5 percent.
* * * * *
    (11) If you determine carbon content or composition of a feedstock 
or product using a method under Sec.  98.244(b)(4)(xv)(B), report the 
information listed in paragraphs (a)(11)(i) through (a)(11)(iii) of 
this section. Include the information in paragraph (a)(11)(i) of this 
section in each annual report. Include the information in paragraphs 
(a)(11)(ii) and (a)(11)(iii) of this section only in the first 
applicable annual report, and provide any changes to this information 
in subsequent annual reports.
* * * * *
    (b) * * *
    (2) For CEMS used on stacks that include emissions from stationary 
combustion units that burn any amount of off-gas from the petrochemical 
process, report the relevant information required under Sec.  
98.36(c)(2) and (e)(2)(vi) for the Tier 4 calculation methodology. 
Sections Sec.  98.36(c)(2)(ii) and (c)(2)(ix) do not apply for the 
purposes of this subpart.
    (3) For CEMS used on stacks that do not include emissions from 
stationary combustion units, report the information required under 
Sec.  98.36(b)(6), (b)(7), and Sec.  98.36(e)(2)(vi).
    (4) For each CEMS monitoring location that meets the conditions in 
paragraph (b)(2) or (3) of this section, provide an estimate based on 
engineering judgment of the fraction of the total CO2 
emissions that is attributable to the petrochemical process unit.
    (5) For each CEMS monitoring location that meets the conditions in 
paragraph (b)(2) of this section, report the CH4 and 
N2O emissions expressed in metric tons of each gas. For each 
CEMS monitoring location provide an estimate based on engineering 
judgment of the fraction of the total CH4 and N2O 
emissions that is attributable to combustion of off-gas from the 
petrochemical process unit.
    (i) [Reserved]
    (ii)[Reserved]
    (iii) [Reserved]
    (iv)[Reserved]
    (6) [Reserved]
* * * * *
    (c) * * *
    (4) Name and annual quantity of each feedstock (metric tons).
* * * * *
    48. Section 98.247 is amended by revising paragraphs (b) 
introductory text and (b)(2) to read as follows:


Sec.  98.247  Records that must be retained.

* * * * *
    (b) If you comply with the mass balance methodology in Sec.  
98.243(c), then you must retain records of the information listed in 
paragraphs (b)(1) through (b)(4) of this section.
* * * * *
    (2) Start and end times for time periods when off-specification 
product is produced, if you comply with the alternative methodology in 
Sec.  98.243(c)(4) for determining carbon content of product.
* * * * *
0
49. Section 98.248 is amended by revising the definition of ``Product'' 
to read as follows:


Sec.  98.248  Definitions.

* * * * *
    Product, as used in Sec.  98.243, means each of the following 
carbon-containing outputs from a process: The petrochemical, recovered 
byproducts, and liquid organic wastes that are not combusted onsite. 
Product does not include process vent emissions, fugitive emissions, or 
wastewater.

Subpart Y--[AMENDED]

0
50. Section 98.252 is amended by revising the parenthetical phrase 
preceding the last two sentences in paragraph (a) introductory text, 
and revising paragraph (i), to read as follows:


Sec.  98.252  GHGs to report.

* * * * *
    (a) * * * (Use the default CH4 and N2O 
emission factors for ``Fuel Gas'' in Table C-2 of this part. For Tier 
3, use either the default high heat value for fuel gas in Table C-1 of 
subpart C of this part or a calculated HHV, as allowed in Equation C-8 
of subpart C of this part.) * * *
* * * * *
    (i) CO2 emissions from non-merchant hydrogen production 
process units (not including hydrogen produced from catalytic reforming 
units) following the calculation methodologies, monitoring and QA/QC 
methods, missing data procedures, reporting requirements, and 
recordkeeping requirements of subpart P of this part.
0
51. Section 98.253 is amended by:
0
a. Revising the parameter ``EmFCH4'' to Equation Y-4 and 
``EmFN2O'' to Equation Y-5.
0
b. Revising paragraphs (f)(2), (f)(3), and (f)(4) introductory text.
0
c. Revising parameters ``FSG'' and ``MFc'' to 
Equation Y-12.
0
d. Revising paragraphs (j) introductory text, (k) introductory text, 
and (m) introductory text.


Sec.  98.253  Calculating GHG emissions.

* * * * *
    (b) * * *
    (2) * * *
* * * * *

EmFCH4 = Default CH4 emission factor for 
``Fuel Gas'' from Table C-2 of subpart C

[[Page 19860]]

of this part (General Stationary Fuel Combustion Sources) (kg 
CH4/MMBtu).

* * * * *
    (3) * * *
* * * * *

EmFN2O = Default N2O emission factor for 
``Fuel Gas'' from Table C-2 of subpart C of this part (General 
Stationary Fuel Combustion Sources) (kg N2O/MMBtu).

* * * * *
    (f) * * *
    (2) Flow measurement. If you have a continuous flow monitor on the 
sour gas feed to the sulfur recovery plant or the sour gas feed sent 
for off-site sulfur recovery, you must use the measured flow rates when 
the monitor is operational to calculate the sour gas flow rate. If you 
do not have a continuous flow monitor on the sour gas feed to the 
sulfur recovery plant or the sour gas feed sent for off-site sulfur 
recovery, you must use engineering calculations, company records, or 
similar estimates of volumetric sour gas flow.
    (3) Carbon content. If you have a continuous gas composition 
monitor capable of measuring carbon content on the sour gas feed to the 
sulfur recovery plant or the sour gas feed sent for off-site for sulfur 
recovery, or if you monitor gas composition for carbon content on a 
routine basis, you must use the measured carbon content value. 
Alternatively, you may develop a site-specific carbon content factor 
using limited measurement data or engineering estimates or use the 
default factor of 0.20.
    (4) Calculate the CO2 emissions from each on-site sulfur 
recovery plant and for sour gas sent off-site for sulfur recovery using 
Equation Y-12 of this section.
* * * * *

FSG = Volumetric flow rate of sour gas (including sour 
water stripper gas) fed to the sulfur recovery plant or the sour gas 
feed sent for off-site for sulfur recovery (scf/year).

* * * * *

MFC = Mole fraction of carbon in the sour gas fed to the 
sulfur recovery plant or the four gas feed sent for off-site for 
sulfur recovery (kg-mole C/kg-mole gas); default = 0.20.

* * * * *
    (j) For each process vent not covered in paragraphs (a) through (i) 
of this section that can reasonably be expected to contain greater than 
2 percent by volume CO2 or greater than 0.5 percent by 
volume of CH4 or greater than 0.01 percent by volume (100 
parts per million) of N2O, calculate GHG emissions using the 
Equation Y-19 of this section. You must also use Equation Y-19 of this 
section to calculate CH4 emissions for catalytic reforming 
unit depressurization and purge vents when methane is used as the purge 
gas, CH4 emissions if you elected to use the method in 
paragraph (i)(1) of this section, and CO2 and/or 
CH4 emissions, as applicable, if you elected this method as 
an alternative to the methods in paragraphs (f), (h), or (k) of this 
section.
* * * * *
    (k) For uncontrolled blowdown systems, you must calculate 
CH4 emissions either using the methods for process vents in 
paragraph (j) of this section regardless of the CH4 
concentration or using Equation Y-20 of this section. Blowdown systems 
where the uncondensed gas stream is routed to a flare or similar 
control device is considered to be controlled and is not required to 
estimate emissions under this paragraph (k).
* * * * *
    (m) For storage tanks, except as provided in paragraph (m)(3) of 
this section, calculate CH4 emissions using the applicable 
methods in paragraphs (m)(1) and (m)(2) of this section.
* * * * *
0
52. Section 98.256 is amended by:
0
a. Revising paragraphs (f)(6), (h) introductory text, (h)(2), (h)(3), 
(h)(4), (h)(5), and (h)(6).
0
b. Adding paragraph (j)(10).
0
c. Revising paragraph (k)(4).
0
d. Adding paragraph (k)(6).
0
e. Revising paragraph (o)(4)(vi).
0
f. Removing and reserving paragraphs (o)(5) through (7).


Sec.  98.256  Data reporting requirements.

* * * * *
    (f) * * *
    (6) If you use a CEMS, the relevant information required under 
Sec.  98.36 for the Tier 4 Calculation Methodology, the CO2 
annual emissions as measured by the CEMS (unadjusted to remove 
CO2 combustion emissions associated with additional units, 
if present) and the process CO2 emissions as calculated 
according to Sec.  98.253(c)(1)(ii). Report the CO2 annual 
emissions associated with sources other than those from the coke burn-
off in accordance with the applicable subpart (e.g., subpart C of this 
part in the case of a CO boiler).
* * * * *
    (h) For on-site sulfur recovery plants and for emissions from sour 
gas sent off-site for sulfur recovery, the owner and operator shall 
report:
* * * * *
    (2) For each on-site sulfur recovery plant, the maximum rated 
throughput (metric tons sulfur produced/stream day), a description of 
the type of sulfur recovery plant, and an indication of the method used 
to calculate CO2 annual emissions for the sulfur recovery 
plant (e.g., CO2 CEMS, Equation Y-12, or process vent method 
in Sec.  98.253(j)).
    (3) The calculated CO2 annual emissions for each on-site 
sulfur recovery plant, expressed in metric tons. The calculated annual 
CO2 emissions from sour gas sent off-site for sulfur 
recovery, expressed in metric tons.
    (4) If you use Equation Y-12 of this subpart, the annual volumetric 
flow to the on-site and off-site sulfur recovery plant (in scf/year), 
the molar volume conversion factor (in scf/kg-mole), and the annual 
average mole fraction of carbon in the sour gas (in kg-mole C/kg-mole 
gas).
    (5) If you recycle tail gas to the front of an on-site sulfur 
recovery plant, indicate whether the recycled flow rate and carbon 
content are included in the measured data under Sec.  98.253(f)(2) and 
(3). Indicate whether a correction for CO2 emissions in the 
tail gas was used in Equation Y-12. If so, then report the value of the 
correction, the annual volume of recycled tail gas (in scf/year) and 
the annual average mole fraction of carbon in the tail gas (in kg-mole 
C/kg-mole gas). Indicate whether you used the default (95%) or a unit 
specific correction, and if a unit specific correction is used, report 
the approach used.
    (6) If you use a CEMS, the relevant information required under 
Sec.  98.36 for the Tier 4 Calculation Methodology, the CO2 
annual emissions as measured by the CEMS and the annual process 
CO2 emissions calculated according to Sec.  98.253(f)(1). 
Report the CO2 annual emissions associated with fuel 
combustion in accordance with subpart C of this part (General 
Stationary Fuel Combustion Sources).
* * * * *
    (j) * * *
    (10) If you use Equation Y-19 of this subpart, the relevant 
information required under paragraph (l)(5) of this section.
    (k) * * *
    (4) For each set of coking drums that are the same dimensions: The 
number of coking drums in the set, the height and diameter of the coke 
drums (in feet), the cumulative number of vessel openings for all 
delayed coking drums in the set, the typical venting pressure (in 
psig), void fraction (in cf gas/cf of vessel), and the mole fraction of 
methane in coking gas (in kg-mole CH4/kg-mole gas, wet 
basis).
* * * * *

[[Page 19861]]

    (6) If you use Equation Y-19 of this subpart, the relevant 
information required under paragraph (l)(5) of this section for each 
set of coke drums or vessels of the same size.
* * * * *
    (o) * * *
    (4) * * *
    (vi) If you did not use Equation Y-23, the tank-specific methane 
composition data and the annual gas generation volume (scf/yr) used to 
estimate the cumulative CH4 emissions for storage tanks used 
to process unstabilized crude oil.
    (5) [Reserved]
    (6) [Reserved]
    (7) [Reserved]
* * * * *

Subpart Z--[AMENDED]

0
53. Section 98.263 is amended by revising paragraph (b)(1)(ii) 
introductory text and the parameter ``CO2n,i'' of Equation 
Z-1b to read as follows:


Sec.  98.263  Calculating GHG emissions.

* * * * *
    (b) * * *
    (1) * * *
    (ii) If your process measurement provides the CO2 
content directly as an output, calculate and report the process 
CO2 emissions from each wet-process phosphoric acid process 
line using Equation Z-1b of this section:
* * * * *

CO2n,i = Carbon dioxide content of a grab sample batch of 
phosphate rock by origin i obtained during month n (percent by 
weight, expressed as a decimal fraction).

* * * * *
0
54. Section 98.264 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  98.264  Monitoring and QA/QC requirements.

    (a) You must obtain a monthly grab sample of phosphate rock 
directly from the rock being fed to the process line before it enters 
the mill using one of the following methods. You may conduct the 
representative bulk sampling using a method published by a consensus 
standards organization, or you may use industry consensus standard 
practice methods, including but not limited to the Phosphate Mining 
States Methods Used and Adopted by the Association of Fertilizer and 
Phosphate Chemists (AFPC). If phosphate rock is obtained from more than 
one origin in a month, you must obtain a sample from each origin of 
rock or obtain a composite representative sample.
    (b) You must determine the carbon dioxide or inorganic carbon 
content of each monthly grab sample of phosphate rock (consumed in the 
production of phosphoric acid). You may use a method published by a 
consensus standards organization, or you may use industry consensus 
standard practice methods, including but not limited to the Phosphate 
Mining States Methods Used and Adopted by AFPC.
* * * * *
0
55. Section 98.265 is amended by adding introductory text and revising 
paragraph (a) to read as follows:


Sec.  98.265  Procedures for estimating missing data.

    A complete record of all measured parameters used in the GHG 
emissions calculations is required. Therefore, whenever a quality-
assured value of a required parameter is unavailable, a substitute data 
value for the missing parameter must be used in the calculations as 
specified in paragraphs (a) and (b) of this section.
    (a) For each missing value of the inorganic carbon content or 
CO2 content of phosphate rock (by origin), you must use the 
appropriate default factor provided in Table Z-1 of this subpart. 
Alternatively, you must determine a substitute data value by 
calculating the arithmetic average of the quality-assured values of 
inorganic carbon contents or CO2 contents of phosphate rock 
of origin i (see Equation Z-1a or Z-1b of this subpart) from samples 
immediately preceding and immediately following the missing data 
incident. If no quality-assured data on inorganic carbon contents or 
CO2 contents of phosphate rock of origin i are available 
prior to the missing data incident, the substitute data value shall be 
the first quality-assured value for inorganic carbon contents or 
CO2 contents for phosphate rock of origin i obtained after 
the missing data period.
* * * * *
0
56. Section 98.266 is amended by revising paragraphs (a), (b), (d), 
(f)(5), (f)(6), and (f)(8) to read as follows:


Sec.  98.266  Data reporting requirements.

* * * * *
    (a) Annual phosphoric acid production, by origin of the phosphate 
rock (tons).
    (b) Annual phosphoric acid production capacity (tons).
* * * * *
    (d) Annual phosphate rock consumption from monthly measurement 
records by origin (tons).
* * * * *
    (f) * * *
    (5) Monthly inorganic carbon content of phosphate rock for each 
wet-process phosphoric acid process line for which Equation Z-1a is 
used (percent by weight, expressed as a decimal fraction), or 
CO2 content (percent by weight, expressed as a decimal 
fraction) for which Equation Z-1b is used.
    (6) Monthly mass of phosphate rock consumed, by origin, in 
production for each wet-process phosphoric acid process line (tons).
* * * * *
    (8) Number of times missing data procedures were used to estimate 
phosphate rock consumption (months), inorganic carbon contents of the 
phosphate rock (months), and CO2 contents of the phosphate 
rock (months).
* * * * *
0
57. Section 98.267 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec.  98.267  Records that must be retained.

* * * * *
    (a) Monthly mass of phosphate rock consumed by origin (tons).
* * * * *
    (c) Documentation of the procedures used to ensure the accuracy of 
monthly phosphate rock consumption by origin.

Subpart AA--[AMENDED]

0
58. Section 98.273 is amended by revising paragraph (a)(3) introductory 
text and the parameter ``(EF)'' of Equation AA-1 to read as follows:


Sec.  98.273  Calculating GHG emissions.

    (a) * * *
    (3) Calculate biogenic CO2 emissions and emissions of 
CH4 and N2O from biomass using measured 
quantities of spent liquor solids fired, site-specific HHV, and default 
emissions factors, according to Equation AA-1 of this section:
* * * * *
(EF) = Default emission factor for CO2, CH4, 
or N2O, from Table AA-1 of this subpart (kg 
CO2, CH4, or N2O per mmBtu).
* * * * *
0
59. Section 98.276 is amended by revising paragraphs (e) and (k) to 
read as follows:


Sec.  98.276  Data reporting requirements.

* * * * *
    (e) The default emission factor for CO2, CH4, 
or N2O, used in Equation AA-1 of this subpart (kg 
CO2, CH4, or N2O per mmBtu).
* * * * *
    (k) Annual production of pulp and/or paper products produced 
(metric tons) as follows:
    (1) Report the total annual production of unbleached virgin pulp 
produced

[[Page 19862]]

onsite during the reporting year in air-dried metric tons per year. 
This total annual production value is the sum of all kraft, 
semichemical, soda, and sulfite pulp produced onsite, prior to 
bleaching, through all virgin pulping lines.
    (i) Do not include secondary fiber repulped for paper production in 
the virgin pulp production total.
    (ii) You must report a positive (non-zero) value for pulp 
production unless your pulp mill did not operate during the reporting 
year.
    (2) Report the total annual production of paper products exiting 
the paper machine(s), prior to application of any off-machine coatings, 
in air-dried metric tons per year. If you operate multiple paper 
machines, report the sum (total) of the air-dried metric tons of paper 
produced during the reporting year for all paper machines at the mill.
0
60. Tables AA-1 and AA-2 are revised to read as follows:

 Table AA-1 to Subpart AA of Part 98--Kraft Pulping Liquor Emissions Factors for Biomass-Based CO2, CH4, and N2O
----------------------------------------------------------------------------------------------------------------
                                                                  Biomass-based emissions factors (kg/mmBtu HHV)
                          Wood furnish                           -----------------------------------------------
                                                                       CO2a             CH4             N2O
----------------------------------------------------------------------------------------------------------------
North American Softwood.........................................            94.4          0.0019         0.00042
North American Hardwood.........................................            93.7          0.0019         0.00042
Bagasse.........................................................            95.5          0.0019         0.00042
Bamboo..........................................................            93.7          0.0019         0.00042
Straw...........................................................            95.1          0.0019         0.00042
----------------------------------------------------------------------------------------------------------------
a Includes emissions from both the recovery furnace and pulp mill lime kiln.


       Table AA-2 to Subpart AA of Part 98--Kraft Lime Kiln and Calciner Emissions Factors for CH4 and N2O
----------------------------------------------------------------------------------------------------------------
                                                 Fossil fuel-based emissions factors (kg/mmBtu HHV)
                                  ------------------------------------------------------------------------------
               Fuel                          Kraft lime kilns                        Kraft calciners
                                  ------------------------------------------------------------------------------
                                           CH4                N2O               CH4                  N2O
----------------------------------------------------------------------------------------------------------------
Residual Oil (any type)..........  0.0027.............               0  0.0027.............  0.0003.
Distillate Oil (any type)........  0.0027.............               0  0.0027.............  0.0004.
Natural Gas......................  0.0027.............               0  0.0027.............  0.0001.
Biogas...........................  0.0027.............               0  0.0027.............  0.0001.
Petroleum coke...................  0.0027.............               0  NA a...............  NA a.
Other Fuels......................  See Table C-2......               0  See Table C-2......  See Table C-2.
----------------------------------------------------------------------------------------------------------------
a Emission factors for kraft calciners are not available.

Subpart BB--[AMENDED]

0
61. Section 98.282 is amended by revising paragraph (a) to read as 
follows:


Sec.  98.282  GHGs to report.

* * * * *
    (a) CO2 process emissions from all silicon carbide 
process units or furnaces combined.
* * * * *
0
62. Section 98.283 is amended by:
0
a. Revising the introductory text.
0
b. Revising paragraphs (a), (b) introductory text, and (b)(2) 
introductory text.
0
c. Revising the parameter ``Tn'' in Equation BB-2.
0
d. Removing paragraph (d).


Sec.  98.283  Calculating GHG emissions.

    You must calculate and report the combined annual process 
CO2 emissions from all silicon carbide process units and 
production furnaces using the procedures in either paragraph (a) or (b) 
of this section.
    (a) Calculate and report under this subpart the combined annual 
process CO2 emissions by operating and maintaining CEMS 
according to the Tier 4 Calculation Methodology specified in Sec.  
98.33(a)(4) and all associated requirements for Tier 4 in subpart C of 
this part (General Stationary Fuel Combustion Sources).
    (b) Calculate and report under this subpart the combined annual 
process CO2 emissions using the procedures in paragraphs 
(b)(1) and (b)(2) of this section.
* * * * *
    (2) Calculate annual CO2 process emissions from the 
silicon carbide production facility according to Equation BB-2 of this 
section:
* * * * *
Tn = Petroleum coke consumption in calendar month n 
(tons).
* * * * *
0
63. Section 98.286 is amended by revising paragraph (b) introductory 
text to read as follows:


Sec.  98.286  Data reporting requirements.

* * * * *
    (b) If a CEMS is not used to measure process CO2 
emissions, you must report the information in paragraph (b)(1) through 
(b)(8) of this section for all silicon carbide process units or 
production furnaces combined:
* * * * *

Subpart DD--[AMENDED]

0
64. Section 98.304 is amended by revising paragraphs (c)(1) and (c)(2) 
to read as follows:


Sec.  98.304  Monitoring and QA/QC requirements.

* * * * *
    (c) * * *
    (1) Ensure that cylinders returned to the gas supplier are 
consistently weighed on a scale that is certified to be accurate and 
precise to within 2 pounds of true weight and is periodically 
recalibrated per the manufacturer's specifications. Either measure 
residual gas (the amount of gas remaining in returned cylinders) or 
have the gas supplier measure it. If the gas supplier weighs the 
residual gas, obtain from the gas supplier a detailed monthly 
accounting, within  2 pounds, of

[[Page 19863]]

residual gas amounts in the cylinders returned to the gas supplier.
    (2) Ensure that cylinders weighed for the beginning and end of year 
inventory measurements are weighed on a scale that is certified to be 
accurate and precise to within 2 pounds of true weight and is 
periodically recalibrated per the manufacturer's specifications. All 
scales used to measure quantities that are to be reported under Sec.  
98.306 must be calibrated using calibration procedures specified by the 
scale manufacturer. Calibration must be performed prior to the first 
reporting year. After the initial calibration, recalibration must be 
performed at the minimum frequency specified by the manufacturer.
* * * * *

Subpart FF--[AMENDED]

0
65. Section 98.320 is amended by revising paragraphs (b)(1) and (b)(2) 
to read as follows:


Sec.  98.320  Definition of the source category.

* * * * *
    (b) * * *
    (1) Each ventilation system shaft or vent hole, including both 
those points where mine ventilation air is emitted and those where it 
is sold, used onsite, or otherwise destroyed (including by ventilation 
air methane (VAM) oxidizers).
    (2) Each degasification system well or gob gas vent hole, including 
degasification systems deployed before, during, or after mining 
operations are conducted in a mine area. This includes both those wells 
and vent holes where coal bed gas is emitted, and those where the gas 
is sold, used onsite, or otherwise destroyed (including by flaring).
* * * * *
0
66. Section 98.322 is amended by revising paragraphs (b) and (d) to 
read as follows:


Sec.  98.322  GHGs to report.

* * * * *
    (b) You must report CH4 destruction from systems where 
gas is sold, used onsite, or otherwise destroyed (including by VAM 
oxidation and by flaring).
* * * * *
    (d) You must report under this subpart the CO2 emissions 
from coal mine gas CH4 destruction occurring at the 
facility, where the gas is not a fuel input for energy generation or 
use (e.g., flaring and VAM oxidation).
* * * * *
0
67. Section 98.323 is amended by:
0
a. Revising parameters ``V'', ``MCF'', ``(fH2O)'', and ``P'' 
of Equation FF-2.
0
b. Revising paragraphs (a)(2) and (b)(1).
0
c. Revising Equation FF-3 and parameters ``Vi'', 
``MCFi'', ``Pi'', and ``(fH2O)'' of 
Equation FF-3.
0
d. Removing parameter ``(CH4D)'' of Equation FF-4 and adding 
parameter ``(CH4D)i,j'' in its place.
0
e. Revising paragraph (c) introductory text and Equation FF-6.


Sec.  98.323  Calculating GHG emissions.

    (a) * * *
* * * * *
V = Volumetric flow rate for the quarter (acfm) based on sampling or 
a flow rate meter. If a flow rate meter is used and the meter 
automatically corrects to standard temperature and pressure, then 
use scfm and replace ``520[deg]R/T x P/1 atm'' with ``1''.
MCF = Moisture correction factor for the measurement period, 
volumetric basis.
= 1 when V and C are measured on a dry basis or if both are measured 
on a wet basis. = 1-(fH2O) when V is measured on a wet 
basis and C is measured on a dry basis. = 1/[1-(fH2O)] 
when V is measured on a dry basis and C is measured on a wet basis.
(fH2O) = Moisture content of the methane emitted during 
the measurement period, volumetric basis (cubic feet water per cubic 
feet emitted gas).
* * * * *
P = Absolute pressure at which flow is measured (atm) for the 
quarter. The annual average barometric pressure from the nearest 
NOAA weather service station may be used as a default.
* * * * *
    (2) Values of V, C, T, P, and (fH2O), if applicable, 
must be based on measurements taken at least once each quarter with no 
fewer than 6 weeks between measurements. If measurements are taken more 
frequently than once per quarter, then use the average value for all 
measurements taken. If continuous measurements are taken, then use the 
average value over the time period of continuous monitoring.
* * * * *
    (b) * * *
    [GRAPHIC] [TIFF OMITTED] TP02AP13.003
    
* * * * *
Vi = Measured volumetric flow rate for the days in the 
week when the degasification system is in operation at that 
monitoring point, based on sampling or a flow rate meter (acfm). If 
a flow rate meter is used and the meter automatically corrects to 
standard temperature and pressure, then use scfm and replace 
``520[deg]R/Tix Pi/1 atm'' with ``1''.
MCFi = Moisture correction factor for the measurement 
period, volumetric basis.
= 1 when Vi and Ci are measured on a dry basis 
or if both are measured on a wet basis. = 1-
(fH2O)I when Vi is measured on a 
wet basis and Ci is measured on a dry basis. = 1/[1-
(fH2O)i] when Vi is measured on a 
dry basis and Ci is measured on a wet basis.
(fH2O) = Moisture content of the CH4 emitted 
during the measurement period, volumetric basis (cubic feet water 
per cubic feet emitted gas).
* * * * *
Pi = Absolute pressure at which flow is measured (atm).
* * * * *
    (1) Values for V, C, T, P, and (fH2O), if applicable, 
must be based on measurements taken at least once each calendar week 
with at least 3 days between measurements. If measurements are taken 
more frequently than once per week, then use the average value for all 
measurements taken that week. If continuous measurements are taken, 
then use the average values over the time period of continuous 
monitoring when the continuous monitoring equipment is properly 
functioning.
    (2) * * *
* * * * *
(CH4D)i,j = Weekly CH4 liberated 
from a degasification monitoring point (metric tons CH4).
* * * * *
    (c) If gas from a degasification system or ventilation system is 
sold, used onsite, or otherwise destroyed (including by flaring or VAM 
oxidation), you must calculate the quarterly CH4 destroyed 
for each destruction device and each point of offsite transport to a 
destruction device, using Equation FF-5 of this section. You must 
measure CH4 content and flow rate according to the 
provisions in Sec.  98.324, and calculate the methane routed to the 
destruction device (CH4) using either Equation FF-

[[Page 19864]]

1 or Equation FF-4 of this section, as applicable.
* * * * *
    (1) * * *
    [GRAPHIC] [TIFF OMITTED] TP02AP13.004
    
* * * * *
0
68. Section 98.324 is amended by revising paragraphs (b) introductory 
text, (c)(2), and parameter ``CCH4'' of Equation FF-9 to 
read as follows:


Sec.  98.324  Monitoring and QA/QC requirements.

* * * * *
    (b) For CH4 liberated from ventilation systems, 
determine whether CH4 will be monitored from each 
ventilation shaft and vent hole, from a centralized monitoring point, 
or from a combination of the two options. Operators are allowed 
flexibility for aggregating emissions from more than one ventilation 
point, as long as emissions from all are addressed, and the methodology 
for calculating total emissions documented. Monitor by one of the 
following options:
* * * * *
    (c) * * *
    (2) Collect weekly (once each calendar week, with at least three 
days between measurements) or more frequent samples, for all 
degasification wells and gob gas vent holes. Determine weekly or more 
frequent flow rates, methane concentration, temperature, and pressure 
from these degasification wells and gob gas vent holes. Methane 
composition should be determined either by submitting samples to a lab 
for analysis, or from the use of methanometers at the degasification 
monitoring site. Follow the sampling protocols for sampling of methane 
emissions from ventilation shafts, as described in Sec.  98.324(b)(1). 
You must record the date of sampling, flow, temperature, pressure, and 
moisture measurements, the methane concentration (percent), the bottle 
number of samples collected, and the location of the measurement or 
collection.
* * * * *
    (d) * * *
    (2) * * *
    (iii) * * *
* * * * *
CCH4 = Methane (CH4) concentration in the gas 
(volume %) for use in Equations FF-1 and FF-3 of this subpart.
* * * * *
0
69. Section 98.326 is amended by revising paragraphs (a), (f), (h), 
(i), (j), (o), and (r), and adding paragraphs (r)(1), (r)(2), (r)(3), 
(t), and (u) to read as follows:


Sec.  98.326  Data reporting requirements.

* * * * *
    (a) Quarterly CH4 liberated from each ventilation 
monitoring point, (metric tons CH4).
* * * * *
    (f) Quarterly volumetric flow rate for each ventilation monitoring 
point and units of measure (scfm or acfm), date and location of each 
measurement, and method of measurement (quarterly sampling or 
continuous monitoring), used in Equation FF-1 of this subpart.
* * * * *
    (h) Weekly volumetric flow rate used to calculate CH4 
liberated from degasification systems and units of measure (acfm or 
scfm), and method of measurement (sampling or continuous monitoring), 
used in Equation FF-3 of this subpart.
    (i) Quarterly CH4 concentration (%) used to calculate 
CH4 liberated from degasification systems and if the data is 
based on CEMS or weekly sampling.
    (j) Weekly volumetric flow rate used to calculate CH4 
destruction for each destruction device and each point of offsite 
transport, and units of measure (acfm or scfm).
* * * * *
    (o) Temperatures ([deg]R), pressure (atm), moisture content, and 
the moisture correction factor (if applicable) used in Equation FF-1 
and FF-3 of this subpart; and the gaseous organic concentration 
correction factor, if Equation FF-9 was required.
* * * * *
    (r) Identification information and description for each well and 
shaft, including paragraphs (r)(1) through (r)(3) of this section:
    (1) Indication of whether the well or shaft is monitored 
individually, or as part of a centralized monitoring point. Note which 
method (sampling or continuous monitoring) was used.
    (2) Start date and close date of each well or shaft.
    (3) Number of days the well or shaft was in operation during the 
reporting year.
* * * * *
    (t) Quarterly CH4 routed to each destruction device or 
offsite transfer point used in Equation FF-5 of this subpart (metric 
tons).
    (u) Mine Safety and Health Administration (MSHA) identification for 
this coal mine.

Subpart HH--[AMENDED]

0
70. Section 98.343 is amended by:
0
a. Revising the parameters ``DOC'' and ``F'' of Equation HH-1.
0
b. Revising Equation HH-4 and the parameters ``N'' and ``0.0423'' of 
Equation HH-4.
0
c. Revising paragraphs (b)(2)(i), (b)(2)(ii), (b)(2)(iii)(A), and 
(b)(2)(iii)(B).
0
d. Revising parameter ``OX'' of Equation HH-5 at paragraph (c)(1).
0
e. Revising paragraphs (c)(3)(i) and (c)(3)(ii).


Sec.  98.343  Calculating GHG emissions.

    (a) * * *
    (1) * * *
* * * * *
DOC = Degradable organic carbon from Table HH-1 of this subpart 
[fraction (metric tons C/metric ton waste)].
* * * * *
F = Fraction by volume of CH4 in landfill gas from 
measurement data for the current reporting year, if available 
(fraction, dry basis, corrected to 0 percent oxygen); otherwise, use 
the default of 0.5.
* * * * *
    (b) * * *
    (1) * * *
    [GRAPHIC] [TIFF OMITTED] TP02AP13.005
    

[[Page 19865]]


* * * * *
N = Total number of measurement periods in a year. Use daily 
averaging periods for a continuous monitoring system and N = 365 (or 
N = 366 for leap years). For monthly sampling, as provided in 
paragraph (b)(2) of this section, use N=12.
* * * * *
0.0423 = Density of CH4 lb/cf at 520[deg]R or 60 degrees 
Fahrenheit and 1 atm.
* * * * *
    (2) * * *
    (i) Continuously monitor gas flow rate and determine the cumulative 
volume of landfill gas each month and the cumulative volume of landfill 
gas each year that is collected and routed to a destruction device 
(before any treatment equipment). Under this option, the gas flow meter 
is not required to automatically correct for temperature, pressure, or, 
if necessary, moisture content. If the gas flow meter is not equipped 
with automatic correction for temperature, pressure, or, if necessary, 
moisture content, you must determine these parameters as specified in 
paragraph (b)(2)(iii) of this section.
    (ii) Determine the CH4 concentration in the landfill gas 
that is collected and routed to a destruction device (before any 
treatment equipment) in a location near or representative of the 
location of the gas flow meter at least once each calendar month; if 
only one measurement is made each calendar month, there must be at 
least fourteen days between measurements.
    (iii) * * *
    (A) Determine the temperature and pressure in the landfill gas that 
is collected and routed to a destruction device (before any treatment 
equipment) in a location near or representative of the location of the 
gas flow meter at least once each calendar month; if only one 
measurement is made each calendar month, there must be at least 
fourteen days between measurements.
    (B) If the CH4 concentration is determined on a dry 
basis and flow is determined on a wet basis or CH4 
concentration is determined on a wet basis and flow is determined on a 
dry basis, and the flow meter does not automatically correct for 
moisture content, determine the moisture content in the landfill gas 
that is collected and routed to a destruction device (before any 
treatment equipment) in a location near or representative of the 
location of the gas flow meter at least once each calendar month; if 
only one measurement is made each calendar month, there must be at 
least fourteen days between measurements.
    (c) * * *
    (1) * * *
* * * * *
OX = Oxidation fraction. Use the appropriate oxidation fraction 
default value from Table HH-4 of this subpart.
* * * * *
    (3) * * *
    (i) Calculate CH4 emissions from the modeled 
CH4 generation and measured CH4 recovery using 
Equation HH-6 of this section.
[GRAPHIC] [TIFF OMITTED] TP02AP13.006


Where:

Emissions = Methane emissions from the landfill in the reporting 
year (metric tons CH4).
GCH4 = Modeled methane generation rate in reporting year 
from Equation HH-1 of this section or the quantity of recovered 
CH4 from Equation HH-4 of this section, whichever is 
greater (metric tons CH4).
N = Number of landfill gas measurement locations (associated with a 
destruction device or gas sent off-site). If a single monitoring 
location is used to monitor volumetric flow and CH4 
concentration of the recovered gas sent to one or multiple 
destruction devices, then N=1.
Rn = Quantity of recovered CH4 from Equation 
HH-4 of this section for the nth measurement location 
(metric tons).
OX = Oxidation fraction. Use the appropriate oxidation fraction 
default value from Table HH-4 of this subpart.
DEn = Destruction efficiency (lesser of manufacturer's 
specified destruction efficiency and 0.99) for the nth 
measurement location. If the gas is transported off-site for 
destruction, use DE = 1. If the volumetric flow and CH4 
concentration of the recovered gas is measured at a single location 
providing landfill gas to multiple destruction devices (including 
some gas destroyed on-site and some gas sent off-site for 
destruction), calculate DEn as the arithmetic average of 
the DE values determined for each destruction device associated with 
that measurement location.
fDest, n = Fraction of hours the destruction device 
associated with the nth measurement location was operating during 
active gas flow calculated as the annual operating hours for the 
destruction device divided by the annual hours flow was sent to the 
destruction device as measured at the nth measurement 
location. If the gas is destroyed in a back-up flare (or similar 
device) or if the gas is transported off-site for destruction, use 
fDest= 1. If the volumetric flow and CH4 
concentration of the recovered gas is measured at a single location 
providing landfill gas to multiple destruction devices (including 
some gas destroyed on-site and some gas sent off-site for 
destruction), calculate fDest, n as the arithmetic 
average of the fDest values determined for each 
destruction device associated with that measurement location.
    (ii) Calculate CH4 generation and CH4 
emissions using measured CH4 recovery and estimated gas 
collection efficiency and Equations HH-7 and HH-8 of this section.
[GRAPHIC] [TIFF OMITTED] TP02AP13.007


[[Page 19866]]



Where:

MG = Methane generation, adjusted for oxidation, from the landfill 
in the reporting year (metric tons CH4).
Emissions = Methane emissions from the landfill in the reporting 
year (metric tons CH4).
N = Number of landfill gas measurement locations (associated with a 
destruction device or gas sent off-site). If a single monitoring 
location is used to monitor volumetric flow and CH4 
concentration of the recovered gas sent to one or multiple 
destruction devices, then N=1.
Rn = Quantity of recovered CH4 from Equation 
HH-4 of this section for the nth measurement location 
(metric tons CH4).
CE = Collection efficiency estimated at landfill, taking into 
account system coverage, operation, and cover system materials from 
Table HH-3 of this subpart. If area by soil cover type information 
is not available, use default value of 0.75 (CE4 in table HH-3 of 
this subpart) for all areas under active influence of the collection 
system.
fRec, n = Fraction of hours the recovery system 
associated with the nth measurement location was operating (annual 
operating hours/8760 hours per year or annual operating hours/8784 
per year for a leap year).
OX = Oxidation fraction. Use appropriate oxidation fraction default 
value from Table HH-4 of this subpart.
     DEn = Destruction efficiency, (lesser of 
manufacturer's specified destruction efficiency and 0.99) for the 
nth measurement location. If the gas is transported off-
site for destruction, use DE = 1. If the volumetric flow and 
CH4 concentration of the recovered gas is measured at a 
single location providing landfill gas to multiple destruction 
devices (including some gas destroyed on-site and some gas sent off-
site for destruction), calculate DEn as the arithmetic 
average of the DE values determined for each destruction device 
associated with that measurement location.
     fDest,n = Fraction of hours the destruction device 
associated with the nth measurement location was 
operating during active gas flow calculated as the annual operating 
hours for the destruction device divided by the annual hours flow 
was sent to the destruction device as measured at the nth 
measurement location. If the gas is destroyed in a back-up flare (or 
similar device) or if the gas is transported off-site for 
destruction, use fDest = 1. If the volumetric flow and 
CH4 concentration of the recovered gas is measured at a 
single location providing landfill gas to multiple destruction 
devices (including some gas destroyed on-site and some gas sent off-
site for destruction), calculate fDest,n as the 
arithmetic average of the fDest values determined for 
each destruction device associated with that measurement location.
0
71. Section 98.344 is amended by revising paragraph (e) and adding 
paragraph (f) to read as follows:


Sec.  98.344  Monitoring and QA/QC requirements.

* * * * *
    (e) For landfills electing to measure the fraction by volume of 
CH4 in landfill gas (F), follow the requirements in 
paragraphs (e)(1) and (e)(2) of this section.
    (1) Use a gas composition monitor capable of measuring the 
concentration of CH4 on a dry basis that is properly 
operated, calibrated, and maintained according to the requirements 
specified in paragraph (b) of this section. You must either use a gas 
composition monitor that is also capable of measuring the O2 
concentration correcting for excess (infiltration) air or you must 
operate, maintain, and calibrate a second monitor capable of measuring 
the O2 concentration on a dry basis according to the 
manufacturer's specifications.
    (2) Use Equation HH-10 of this section to correct the measured 
CH4 concentration to 0% oxygen. If multiple CH4 
concentration measurements are made during the reporting year, 
determine F separately for each measurement made during the reporting 
year, and use the results to determine the arithmetic average value of 
F for use in Equation HH-1 of this part.
[GRAPHIC] [TIFF OMITTED] TP02AP13.008

     Where:

F = Fraction by volume of CH4 in landfill gas (fraction, 
dry basis, corrected to 0% oxygen).
CCH4 = Measured CH4 concentration in landfill 
gas (volume %, dry basis).
20.9c = Defined O2 correction basis, (volume 
%, dry basis).
20.9 = O2 concentration in air (volume %, dry basis).
%O2 = Measured O2 concentration in landfill 
gas (volume %, dry basis).

    (f) The owner or operator shall document the procedures used to 
ensure the accuracy of the estimates of disposal quantities and, if 
applicable, gas flow rate, gas composition, temperature, pressure, and 
moisture content measurements. These procedures include, but are not 
limited to, calibration of weighing equipment, fuel flow meters, and 
other measurement devices. The estimated accuracy of measurements made 
with these devices shall also be recorded, and the technical basis for 
these estimates shall be provided.
0
72. Section 98.345 is amended by revising paragraph (c) to read as 
follows:


Sec.  98.345  Procedures for estimating missing data.

* * * * *
    (c) For missing daily waste disposal quantity data for disposal in 
the reporting year, the substitute value shall be the average daily 
waste disposal quantity for that day of the week as measured on the 
week before and week after the missing daily data.
0
73. Section 98.346 is amended by revising paragraphs (d)(1), (e), (h), 
(i)(5), (i)(8), (i)(10), (i)(11), and (i)(12) to read as follows:


Sec.  98.346  Data reporting requirements.

* * * * *
    (d) * * *
    (1) Degradable organic carbon (DOC) and fraction of DOC 
dissimilated (DOCF) values used in the calculations.
* * * * *
    (e) Fraction of CH4 in landfill gas (F), an indication 
of whether the fraction of CH4 was determined based on 
measured values or the default value, and the methane correction factor 
used in the calculations. If an MCF other than the default of 1 is 
used, provide an indication of whether active aeration of the waste in 
the landfill was conducted during the reporting year, a description of 
the aeration system, including aeration blower capacity, the fraction 
of the landfill containing waste affected by aeration, the total number 
of hours during the year the aeration blower was operated, and other 
factors used as a basis for the selected MCF value.
* * * * *
    (h) For landfills without gas collection systems, the annual 
methane emissions (i.e., the methane generation, adjusted for 
oxidation, calculated using Equation HH-5 of this subpart), reported in 
metric tons CH4, the oxidation fraction used in the 
calculation, and an indication of whether passive vents and/or passive 
flares (vents or flares that are not considered part of the gas 
collection system as defined in Sec.  98.6) are present at this 
landfill.

[[Page 19867]]

    (i) * * *
    (5) An indication of whether destruction occurs at the landfill 
facility, off-site, or both. If destruction occurs at the landfill 
facility, also report for each measurement location an indication of 
whether a back-up destruction device is present at the landfill, the 
annual operating hours for the primary destruction device, the annual 
operating hours for the back-up destruction device (if present), and 
the destruction efficiency used (percent).
* * * * *
    (8) Methane generation corrected for oxidation calculated using 
Equation HH-5 of this subpart, reported in metric tons CH4, 
and the oxidation fraction used in the calculation.
* * * * *
    (10) Methane generation corrected for oxidation calculated using 
Equation HH-7 of this subpart, reported in metric tons CH4, 
and the oxidation fraction used in the calculation.
    (11) Methane emissions calculated using Equation HH-6 of this 
subpart, reported in metric tons CH4, and the oxidation 
fraction used in the calculation.
    (12) Methane emissions calculated using Equation HH-8 of this 
subpart, reported in metric tons CH4, and the oxidation 
fraction used in the calculation.
0
74. Section 98.348 is amended by adding definitions for ``Landfill 
capacity'' and ``Leachate recirculation'' in alphabetical order to read 
as follows:


Sec.  98.348  Definitions.

* * * * *
    Landfill capacity means the maximum amount of solid waste a 
landfill can accept. For the purposes of this subpart, for landfills 
that have a permit, the landfill capacity can be determined in terms of 
volume or mass in the most recent permit issued by the state, local, or 
Tribal agency responsible for regulating the landfill, plus any in-
place waste not accounted for in the most recent permit. If the owner 
or operator chooses to convert from volume to mass to determine its 
capacity, the calculation must include a site-specific density.
    Leachate recirculation means the practice of taking the leachate 
collected from the landfill and reapplying it to the landfill by any of 
one of a variety of methods, including pre-wetting of the waste, direct 
discharge into the working face, spraying, infiltration ponds, vertical 
injection wells, horizontal gravity distribution systems, and pressure 
distribution systems.
* * * * *
0
75. Table HH-1 to Subpart HH is amended by revising the entry for 
``OX'' as follows:

    Table HH-1 to Subpart HH of Part 98--Emissions Factors, Oxidation
                           Factors and Methods
------------------------------------------------------------------------
               Factor                      Default value         Units
------------------------------------------------------------------------
 
                                * * * * *
                   Other parameters--All MSW landfills
 
------------------------------------------------------------------------
                                * * * * *
OX..................................  See Table HH-4 of this   .........
                                       subpart.
 
                                * * * * *
------------------------------------------------------------------------

0
76. Table HH-2 to Subpart HH is revised to read as follows:

   Table HH-2 to Subpart HH of Part 98--U.S. Per Capita Waste Disposal
                                  Rates
------------------------------------------------------------------------
                                                             Waste per
                          Year                            capita ton/cap/
                                                                yr
------------------------------------------------------------------------
1950....................................................            0.63
1951....................................................            0.63
1952....................................................            0.63
1953....................................................            0.63
1954....................................................            0.63
1955....................................................            0.63
1956....................................................            0.63
1957....................................................            0.63
1958....................................................            0.63
1959....................................................            0.63
1960....................................................            0.63
1961....................................................            0.64
1962....................................................            0.64
1963....................................................            0.65
1964....................................................            0.65
1965....................................................            0.66
1966....................................................            0.66
1967....................................................            0.67
1968....................................................            0.68
1969....................................................            0.68
1970....................................................            0.69
1971....................................................            0.69
1972....................................................            0.70
1973....................................................            0.71
1974....................................................            0.71
1975....................................................            0.72
1976....................................................            0.73
1977....................................................            0.73
1978....................................................            0.74
1979....................................................            0.75
1980....................................................            0.75
1981....................................................            0.76
1982....................................................            0.77
1983....................................................            0.77
1984....................................................            0.78
1985....................................................            0.79
1986....................................................            0.79
1987....................................................            0.80
1988....................................................            0.80
1989....................................................            0.83
1990....................................................            0.82
1991....................................................            0.76
1992....................................................            0.74
1993....................................................            0.76
1994....................................................            0.75
1995....................................................            0.70
1996....................................................            0.68
1997....................................................            0.69
1998....................................................            0.75
1999....................................................            0.75
2000....................................................            0.80
2001....................................................            0.91
2002....................................................            1.02
2003....................................................            1.02
2004....................................................            1.01
2005....................................................            0.98
2006....................................................            0.95
2007....................................................            0.95
2008....................................................            0.95
2009 and all later years................................            0.95
------------------------------------------------------------------------

0
77. Table HH-4 to Subpart HH is added to read as follows:

     Table HH-4 to Subpart HH of Part 98--Landfill Methane Oxidation
                                Fractions
------------------------------------------------------------------------
                                                             Use this
                                                             landfill
 If your methane flux rate\a\ for the reporting year is:      methane
                                                             oxidation
                                                             fraction:
------------------------------------------------------------------------
Less than 10 grams per square meter per day (g/m\2\/d)..            0.35
10 to 70 g/m\2\/d.......................................            0.25
Greater than 70 g/m\2\/d................................            0.10
------------------------------------------------------------------------
\a\Methane flux rate (in grams per square meter per day; g/m\2\/d) is
  the mass flow rate of methane per unit area at the bottom of the
  surface soil prior to any oxidation and is calculated as follows.


[[Page 19868]]

[GRAPHIC] [TIFF OMITTED] TP02AP13.009

Where:

MF = Methane flux rate from the landfill in the reporting year 
(grams per square meter per day, g/m\2\/d).
K = unit conversion factor = 10\6\/365 (g/metric ton per days/year) 
or 10\6\/366 for a leap year.
SArea = The surface area of the landfill containing waste at the 
beginning of the reporting year (square meters, m\2\).
GCH4 = Modeled methane generation rate in reporting year 
from Equation HH-1 of this subpart, or, for application with 
Equation HH-6 only, the greater of the modeled methane generation 
rate in reporting year from Equation HH-1 of this subpart and the 
quantity of recovered CH4 from Equation HH-4 of this 
subpart (metric tons CH4).
CE = Collection efficiency estimated at landfill, taking into 
account system coverage, operation, and cover system materials from 
Table HH-3 of this subpart. If area by soil cover type information 
is not available, use default value of 0.75 (CE4 in table HH-3 of 
this subpart) for all areas under active influence of the collection 
system.
N = Number of landfill gas measurement locations (associated with a 
destruction device or gas sent off-site). If a single monitoring 
location is used to monitor volumetric flow and CH4 
concentration of the recovered gas sent to one or multiple 
destruction devices, then N=1.
Rn = Quantity of recovered CH4 from Equation 
HH-4 of this subpart for the nth measurement location (metric tons).
fRec,n = Fraction of hours the recovery system associated 
with the nth measurement location was operating (annual operating 
hours/8760 hours per year or annual operating hours/8784 hours per 
year for a leap year).

Subpart II--[AMENDED]

0
78. Section 98.353 is amended by revising the parameters 
``fDest--1'' and ``fDest--2'' of Equation II-6 to 
read as follows:


Sec.  98.353  Calculating GHG emissions.

* * * * *
    (d) * * *
    (2) * * *
* * * * *
fDest1 = Fraction of hours the primary destruction device 
was operating calculated as the annual hours when the destruction 
device was operating divided by the annual operating hours of the 
biogas recovery system. If the biogas is transported off-site for 
destruction, use fDest = 1.
* * * * *
fDest2 = Fraction of hours the back-up destruction device 
was operating calculated as the annual hours when the destruction 
device was operating divided by the annual operating hours of the 
biogas recovery system.
* * * * *

Subpart LL--[AMENDED]

0
79. Section 98.386 is amended by:
0
a. Removing and reserving paragraphs (a)(1) and (a)(5).
0
b. Revising paragraph (a)(4), (a)(8), (a)(9)(v), and (a)(11)(v).
0
c. Removing and reserving paragraph (a)(13).
0
d. Revising paragraphs (a)(14), (a)(15) and (a)(18).
0
e. Removing and reserving paragraph (b)(1).
0
f. Revising paragraphs (b)(4), (b)(5)(v), and (b)(6)(i).
0
g. Removing and reserving paragraph (c)(1).
0
h. Revising paragraphs (c)(4), (c)(5)(v), (d)(2), and (d)(3) to read as 
follows:


Sec.  98.386  Data reporting requirements.

* * * * *
    (a) * * *
    (4) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (a)(2) of this section.
* * * * *
    (8) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (a)(6) of this section.
    (9) * * *
    (v) The calculated CO2 emissions factor in metric tons 
CO2 per barrel or per metric ton of product.
* * * * *
    (11) * * *
    (v) The calculated CO2 emissions factor in metric tons 
CO2 per barrel or metric ton of product.
* * * * *
    (14) For each specific type of biomass that enters the coal-to-
liquid facility to be co-processed with fossil fuel-based feedstock to 
produce a product reported in paragraph (a)(6) of this section, report 
the annual quantity in metric tons or barrels.
    (15) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (a)(14) of this section.
* * * * *
    (18) Annual CO2 emissions in metric tons that would 
result from the complete combustion or oxidation of

[[Page 19869]]

each type of biomass feedstock co-processed with fossil fuel-based 
feedstocks reported in paragraph (a)(14) of this section, calculated 
according to Sec.  98.393(c).
* * * * *
    (b) * * *
    (4) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (b)(2) of this section.
    (5) * * *
    (v) The calculated CO2 emissions factor in metric tons 
per barrel or per metric ton of product.
    (6) * * *
    (i) The density test results in metric tons per barrel.
* * * * *
    (c) * * *
    (4) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (c)(2) of this section.
    (5) * * *
    (v) The calculated CO2 emissions factor in metric tons 
per barrel or per metric ton of product.
* * * * *
    (d) * * *
    (2) For a product that enters the facility to be further refined or 
otherwise used on site that is a blended feedstock, producers must meet 
the reporting requirements of paragraph (a)(2) of this section by 
reflecting the individual components of the blended feedstock.
    (3) For a product that is produced, imported, or exported that is a 
blended product, producers, importers, and exporters must meet the 
reporting requirements of paragraphs (a)(6), (b)(2), and (c)(2) of this 
section, as applicable, by reflecting the individual components of the 
blended product.

Subpart MM--[AMENDED]

0
80. Section 98.393 is amended by:
0
a. Revising the parameter ``Producti'' to Equation MM-1 in 
paragraph (a)(1).
0
b. Revising the parameter ``Producti'' to Equation MM-1 in 
paragraph (a)(2).
0
c. Revising paragraphs (h)(1) introductory text and (h)(2) introductory 
text.


Sec.  98.393  Calculating GHG emissions.

    (a) * * *
    (1) * * *
* * * * *
Producti = Annual volume of product ``i'' produced, 
imported, or exported by the reporting party (barrels). For 
refiners, this volume only includes products ex refinery gate, and 
excludes products that entered the refinery but are not reported 
under Sec.  98.396(a)(2). For natural gas liquids, volumes shall 
reflect the individual components of the product as listed in Table 
MM-1 to subpart MM.
* * * * *
    (2) * * *
* * * * *
Producti = Annual mass of product ``i'' produced, 
imported, or exported by the reporting party (metric tons). For 
refiners, this mass only includes products ex refinery gate, and 
excludes products that entered the refinery but are not reported 
under Sec.  98.396(a)(2).
* * * * *
    (h) * * *
    (1) A reporter using Calculation Method 1 to determine the emission 
factor of a petroleum product shall calculate the CO2 
emissions associated with that product using Equation MM-8 of this 
section in place of Equation MM-1 of this section.
* * * * *
    (2) A refinery using Calculation Method 1 of this subpart to 
determine the emission factor of a non-crude petroleum feedstock shall 
calculate the CO2 emissions associated with that feedstock 
using Equation MM-9 of this section in place of Equation MM-2 of this 
section.
* * * * *
0
81. Section 98.394 is amended by:
0
a. Revising paragraphs (a)(1) introductory text and (a)(3).
0
b. Adding paragraph (b)(3).
0
c. Revising paragraph (c) introductory text.
0
d. Removing and reserving paragraph (d).


Sec.  98.394  Monitoring and QA/QC requirements.

    (a) * * *
    (1) The quantity of petroleum products, natural gas liquids, and 
biomass, shall be determined as follows:
* * * * *
    (3) The annual quantity of crude oil received shall be determined 
according to one of the following methods. You may use an appropriate 
standard method published by a consensus-based standards organization 
or you may use an industry standard practice.
    (b) * * *
    (3) For units and processes that operate continuously with 
infrequent outages, it may not be possible to complete the calibration 
of a flow meter or other measurement device without disrupting normal 
process operation. In such cases, the owner or operator may postpone 
the calibration until the next scheduled maintenance outage. The best 
available information from company records may be used in the interim. 
Such postponements shall be documented in the monitoring plan that is 
required under Sec.  98.3(g)(5).
    (c) Procedures for Calculation Method 2 of this subpart.
* * * * *
0
82. Section 98.395 is amended by:
0
a. Revising paragraph (a) introductory text.
0
b. Revising paragraph (b).
0
c. Removing paragraph (c).


Sec.  98.395  Procedures for estimating missing data.

    (a) Determination of quantity. Whenever the quality assurance 
procedures in Sec.  98.394(a) cannot be followed to measure the 
quantity of one or more petroleum products, natural gas liquids, types 
of biomass, feedstocks, or crude oil during any period (e.g., if a 
meter malfunctions), the following missing data procedures shall be 
used:
* * * * *
    (b) Determination of emission factor. Whenever any of the 
procedures in Sec.  98.394(c) cannot be followed to develop an emission 
factor for any reason, Calculation Method 1 of this subpart must be 
used in place of Calculation Method 2 of this subpart for the entire 
reporting year.
0
83. Section 98.396 is amended by:
0
a. Removing and reserving paragraph (a)(1).
0
b. Revising paragraph (a)(4).
0
c. Removing and reserving paragraph (a)(5).
0
d. Revising paragraphs (a)(8), (a)(9) introductory text, (a)(9)(iii), 
(a)(9)(v), (a)(10) introductory text, (a)(11) introductory text, and 
(a)(11)(iii).
0
e. Removing and reserving paragraph (a)(13).
0
f. Revising paragraphs (a)(15) and (a)(18).
0
g. Revising paragraphs (a)(20), (a)(21) and (a)(22).
0
h. Removing paragraph (a)(23).
0
i. Removing and reserving paragraph (b)(1).
0
j. Revising paragraphs (b)(2), (b)(4), (b)(5) introductory text, and 
(b)(6) introductory text.
0
k. Removing and reserving paragraph (c)(1).
0
l. Revising paragraph (c)(4), (c)(5) introductory text, (c)(6) 
introductory text, (d)(2), and (d)(3).


Sec.  98.396  Data reporting requirements.

* * * * *
    (a) * * *
    (1) [Reserved]
* * * * *
    (4) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (a)(2) of this section.
    (5) [Reserved]
* * * * *

[[Page 19870]]

    (8) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (a)(6) of this section.
    (9) For every feedstock reported in paragraph (a)(2) of this 
section for which Calculation Method 2 of this subpart was used to 
determine an emissions factor, report:
* * * * *
    (iii) The carbon share test results in percent mass.
* * * * *
    (v) The calculated CO2 emissions factor in metric tons 
CO2 per barrel or per metric ton of product.
    (10) For every non-solid feedstock reported in paragraph (a)(2) of 
this section for which Calculation Method 2 of this subpart was used to 
determine an emissions factor, report:
* * * * *
    (11) For every petroleum product and natural gas liquid reported in 
paragraph (a)(6) of this section for which Calculation Method 2 of this 
subpart was used to determine an emissions factor, report:
* * * * *
    (iii) The carbon share test results in percent mass.
* * * * *
    (13) [Reserved]
* * * * *
    (15) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (a)(14) of this section.
* * * * *
    (18) The CO2 emissions in metric tons that would result 
from the complete combustion or oxidation of each type of biomass 
feedstock co-processed with petroleum feedstocks reported in paragraph 
(a)(14) of this section, calculated according to Sec.  98.393(c).
* * * * *
    (20) For all crude oil that enters the refinery, report the annual 
quantity in barrels.
    (21) The quantity of bulk NGLs in metric tons or barrels received 
for processing during the reporting year. Report only quantities of 
bulk NGLs not reported in (a)(2) of this section.
    (22) Volume of crude oil in barrels that you injected into a crude 
oil supply or reservoir.
    (b) In addition to the information required by Sec.  98.3(c), each 
importer shall report all of the following information at the corporate 
level:
    (1) [Reserved]
    (2) For each petroleum product and natural gas liquid listed in 
Table MM-1 of this subpart, report the annual quantity in metric tons 
or barrels. For natural gas liquids, quantity shall reflect the 
individual components of the product.
* * * * *
    (4) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (b)(2) of this section.
    (5) For each product reported in paragraph (b)(2) of this section 
for which Calculation Method 2 of this subpart used was used to 
determine an emissions factor, report:
* * * * *
    (6) For each non-solid product reported in paragraph (b)(2) of this 
section for which Calculation Method 2 of this subpart was used to 
determine an emissions factor, report:
* * * * *
    (c) * * *
    (1) [Reserved]
* * * * *
    (4) Each standard method or other industry standard practice used 
to measure each quantity reported in paragraph (c)(2) of this section.
    (5) For each product reported in paragraph (c)(2) of this section 
for which Calculation Method 2 of this subpart was used to determine an 
emissions factor, report:
* * * * *
    (6) For each non-solid product reported in paragraph (c)(2) of this 
section for which Calculation Method 2 of this subpart used was used to 
determine an emissions factor, report:
* * * * *
    (d) * * *
    (2) For a product that enters the refinery to be further refined or 
otherwise used on site that is a blended non-crude feedstock, refiners 
must meet the reporting requirements of paragraphs (a)(2) of this 
section by reflecting the individual components of the blended non-
crude feedstock.
    (3) For a product that is produced, imported, or exported that is a 
blended product, refiners, importers, and exporters must meet the 
reporting requirements of paragraphs (a)(6), (b)(2), and (c)(2) of this 
section, as applicable, by reflecting the individual components of the 
blended product.
0
84. Section 98.397 is amended by revising paragraphs (b) and (d) to 
read as follows:


Sec.  98.397  Records that must be retained.

* * * * *
    (b) Reporters shall maintain records to support quantities that are 
reported under this subpart, including records documenting any 
estimations of missing data and the number of calendar days in the 
reporting year for which substitute data procedures were followed. For 
all reported quantities of petroleum products, natural gas liquids, and 
biomass, reporters shall maintain metering, gauging, and other records 
normally maintained in the course of business to document product and 
feedstock flows including the date of initial calibration and the 
frequency of recalibration for the measurement equipment used.
* * * * *
    (d) Reporters shall maintain laboratory reports, calculations and 
worksheets used in the measurement of density and carbon share for any 
petroleum product or natural gas liquid for which CO2 
emissions were calculated using Calculation Method 2.
* * * * *
0
85. Section 98.398 is amended by:
0
a. Adding the definitions for ``Bulk NGLs'' and ``Natural Gas Liquids 
(NGLs)'' in alphabetical order.
0
b. Removing the definition of ``Batch''.


Sec.  98.398  Definitions.

* * * * *
    Bulk NGLs for purposes of reporting under this subpart means 
mixtures of NGLs that are sold or delivered as undifferentiated 
product.
    Natural Gas Liquids (NGLs) for the purposes of reporting under this 
subpart means hydrocarbons that are separated from natural gas as 
liquids through the process of absorption, condensation, adsorption, or 
other methods, and are sold or delivered as differentiated product. 
Generally, such liquids consist of ethane, propane, butanes, or 
pentanes plus.
0
86. Table MM-1 to Subpart MM is amended by:
0
a. Revising the entries for Ethane, Ethylene, Propane, Propylene, 
Butane, Butylene, Isobutane, and Isobutylene.
0
b. Adding footnotes 3 and 4.

[[Page 19871]]



   Table MM-1 to Subpart MM of Part 98--Default Factors for Petroleum
                  Products and Natural Gas Liquids\1 2\
------------------------------------------------------------------------
                                                              Column C:
                                    Column A:    Column B:     emission
                                     density       carbon       factor
             Products                (metric     share  (%     (metric
                                    tons/bbl)     of mass)    tons CO2/
                                                                 bbl)
------------------------------------------------------------------------
                              * * * * * * *
            Other Petroleum Products and Natural Gas Liquids
 
                              * * * * * * *
Ethane\3\........................       0.0579        79.89        0.170
Ethylene\4\......................       0.0492        85.63        0.154
Propane\3\.......................       0.0806        81.71        0.241
Propylene\3\.....................       0.0827        85.63        0.260
Butane\3\........................       0.0928        82.66        0.281
Butylene\3\......................       0.0972        85.63        0.305
Isobutane\3\.....................       0.0892        82.66        0.270
Isobutylene\3\...................       0.0949        85.63        0.298
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ In the case of products blended with some portion of biomass-based
  fuel, the carbon share in Table MM-1 of this subpart represents only
  the petroleum-based components.
\2\ Products that are derived entirely from biomass should not be
  reported, but products that were derived from both biomass and a
  petroleum product (i.e., co-processed) should be reported as the
  petroleum product that it most closely represents.
\3\ The density and emission factors for components of LPG determined at
  60 degrees Fahrenheit and saturation pressure (LPGs other than
  ethylene)
\4\ The density and emission factor for ethylene determined at 41
  degrees Fahrenheit and saturation pressure.

Subpart NN--[AMENDED]

0
87. Section 98.400 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  98.400  Definition of the source category.

* * * * *
    (a) Natural gas liquids fractionators are installations that 
fractionate natural gas liquids (NGLs) into their constituent liquid 
products or mixtures of products (ethane, propane, normal butane, 
isobutane or pentanes plus) for supply to downstream facilities.
    (b) Local Distribution Companies (LDCs) are companies that own or 
operate distribution pipelines, not interstate pipelines or intrastate 
pipelines, that physically deliver natural gas to end users and that 
are within a single state that are regulated as separate operating 
companies by State public utility commissions or that operate as 
independent municipally-owned distribution systems. LDCs do not include 
pipelines (both interstate and intrastate) delivering natural gas 
directly to major industrial users and farm taps upstream of the local 
distribution company inlet.
* * * * *
0
88. Section 98.403 is amended by:
0
a. Revising the parameter ``Fuelh'' to Equation NN-2.
0
b. Revising paragraphs (b)(1) introductory text and (b)(2)(i).
0
c. Revising parameters ``CO2k'' and ``Fuel'' to Equation NN-
4.
0
d. Revising paragraph (b)(3).
0
e. Revising paragraph (b)(4).
0
f. Revising paragraph (c)(2) introductory text.
0
g. Revising parameter ``CO2'' to Equation NN-8.


Sec.  98.403  Calculating GHG emissions.

    (a) * * *
    (2) * * *
* * * * *
Fuelh = Total annual volume of product ``h'' supplied 
(volume per year, in Mscf for natural gas and bbl for NGLs).
* * * * *
    (b) * * *
    (1) For natural gas that is received for redelivery to downstream 
gas transmission pipelines and other local distribution companies, use 
Equation NN-3 of this section and the default values for the 
CO2 emission factors found in Table NN-2 of this subpart. 
Alternatively, reporter-specific CO2 emission factors may be 
used, provided they are developed using methods outlined in Sec.  
98.404.
* * * * *
    (2)(i) For natural gas delivered to end-users registering a supply 
equal to or greater than 460,000 Mscf per year, use Equation NN-4 of 
this section and the default values for the CO2 emission 
factors found in Table NN-2 of this subpart.
    (ii) * * *
* * * * *
CO2 k = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas delivered to 
each end-user that receives a supply equal to or greater than 
460,000 Mscf per year (metric tons).
Fuel = Total annual volume of natural gas supplied to this end-user, 
if known, otherwise, the annual volume supplied to this meter (Mscf 
per year).
* * * * *
    (3) For the net change in natural gas stored on system by the LDC 
during the reporting year, use Equation NN-5a of this section. For 
natural gas that is received by means other than through the city gate, 
and is not otherwise accounted for by Equation NN-1 or NN-2 of this 
section, use Equation NN-5b of this section.
    (i) For natural gas received by the LDC that is injected into on-
system storage, and/or liquefied and stored, and for gas removed from 
storage and used for deliveries, use Equation NN-5a of this section and 
the default value for the CO2 emission factors found in 
Table NN-2 of this subpart. Alternatively, a reporter-specific 
CO2 emission factor may be used, provided it is developed 
using methods outlined in Sec.  98.404.


[[Page 19872]]


[GRAPHIC] [TIFF OMITTED] TP02AP13.031

Where:

CO2l = Annual CO2 mass emissions that would 
result from the combustion or oxidation of the net change in natural 
gas stored on system by the LDC within the reporting year (metric 
tons).
Fuel1 = Total annual volume of natural gas added to 
storage on-system or liquefied and stored in the reporting year 
(Mscf per year).
Fuel2 = Total annual volume of natural gas that is 
removed from storage or vaporized and removed from storage and used 
for deliveries to customers or other LDCs by the LDC within the 
reporting year (Mscf per year).
EF = Annual average CO2 emission factor for natural gas 
placed into/removed from storage (MT CO2/Mscf).

    (ii) For natural gas received by the LDC that bypassed the city 
gate, use Equation NN-5b of this section. This includes natural gas 
received directly by LDC systems from producers or natural gas 
processing plants from local production, received as a liquid and 
vaporized for delivery, or received from any other source that bypassed 
the city gate. Use the default value for the CO2 emission 
factors found in Table NN-2 of this subpart. Alternatively, a reporter-
specific CO2 emission factor may be used, provided it is 
developed using methods outlined in Sec.  98.404.

[GRAPHIC] [TIFF OMITTED] TP02AP13.032


Where:

CO2n = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas received that 
bypassed the city gate and is not otherwise accounted for by 
Equation NN-1 or NN-2 of this section (metric tons).
Fuelz = Total annual volume of natural gas received that 
was not otherwise accounted for by Equation NN-1 or NN-2 of this 
section (natural gas from producers and natural gas processing 
plants from local production, or natural gas that was received as a 
liquid, vaporized and delivered, and any other source that bypassed 
the city gate). (Mscf per year)
EFz = Fuel-specific CO2 emission factor (MT 
CO2/Mscf)

    (4) Calculate the total CO2 emissions that would result 
from the complete combustion or oxidation of the annual supply of 
natural gas to end-users that receive a supply less than 460,000 Mscf 
per year using Equation NN-6 of this section.

[GRAPHIC] [TIFF OMITTED] TP02AP13.033

Where:

CO2 = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas delivered to 
LDC end-users not covered in paragraph (b)(2) of this section 
(metric tons).
CO2i = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas received at 
the city gate as calculated in paragraph (a)(1) or (a)(2) of this 
section (metric tons).
CO2n = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas that was 
received by the LDC directly from sources bypassing the city gate, 
and is not otherwise accounted for in Equation NN-1 or NN-2 of this 
section, as calculated in paragraph (b)(3)(ii) of this section 
(metric tons).
CO2j = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas delivered to 
transmission pipelines or other LDCs as calculated in paragraph 
(b)(1) of this section (metric tons).
CO2k = Annual CO2 mass emissions that would 
result from the combustion or oxidation of natural gas delivered to 
each end-user that receives a supply equal to or greater than 
460,000 Mscf per year as calculated in paragraph (b)(2) of this 
section (metric tons).
CO2l = Annual CO2 mass emissions that would 
result from the combustion or oxidation of the net change in natural 
gas stored by the LDC within the reported year as calculated in 
paragraph (b)(3)(i) of this section (metric tons).

    (c) * * *
    (2) Calculate the total CO2 equivalent emissions that 
would result from the combustion or oxidation of fractionated NGLs 
supplied less the quantity received from other fractionators using 
Equation NN-8 of this section.
* * * * *
CO2 = Annual CO2 mass emissions that would 
result from the combustion or oxidation of fractionated NGLs 
delivered to customers or on behalf of customers less the quantity 
received from other fractionators (metric tons).
* * * * *
0
89. Section 98.404 is amended by:
0
a. Revising paragraphs (a)(5) introductory text, (a)(7), (a)(8) 
introductory text, and (a)(8)(ii).
0
b. Adding paragraph (a)(8)(iii).
0
c. Revising paragraphs (a)(9), (c)(2), (d)(1), and (d)(2).
0
d. Adding paragraph (d)(3).


Sec.  98.404  Monitoring and QA/QC requirements.

    (a) * * *
    (5) For an LDC using Equation NN-1 or NN-2 of this subpart, the 
point(s) of measurement for the natural gas volume received shall be 
the LDC city gate meter(s).
* * * * *
    (7) An LDC using Equation NN-4 of this subpart shall measure 
natural gas at the end-user's meter(s). Where an end-user is known to 
have more than one meter located at their facility, the reporter shall 
measure the natural gas at each meter and sum the annual volume 
delivered to all meters located at the end-user's facility to determine 
the total volume delivered to the end-user. Otherwise, the reporter 
shall consider the total annual volume delivered through each single 
meter at a single particular location to be the volume delivered to an 
individual end-user.
    (8) An LDC using Equation NN-5a and/or NN-5b of this subpart shall 
measure natural gas as follows:
* * * * *
    (ii) Fuel2 shall be measured at the meters used for 
measuring on-system storage withdrawals and/or LNG vaporization 
injection.
    (iii) Fuelz shall be measured using established business 
practices.
    (9) An LDC shall measure all natural gas under the following 
standard industry temperature and pressure conditions: Cubic foot of 
gas at a temperature of 60 degrees Fahrenheit and at an absolute 
pressure of one atmosphere.
* * * * *
    (c) * * *
    (2) When a reporter used the default EF provided in this section to 
calculate Equation NN-2, NN-3, NN-4, NN-5a, NN-5b, or NN-7 of this 
subpart, the

[[Page 19873]]

appropriate value shall be taken from Table NN-2 of this subpart.
* * * * *
    (d) * * *
    (1) Equipment used to measure quantities in Equations NN-1, NN-2, 
NN-5a and NN-5b of this subpart shall be calibrated prior to its first 
use for reporting under this subpart, using a suitable standard method 
published by a consensus based standards organization or according to 
the equipment manufacturer's directions.
    (2) Equipment used to measure quantities in Equations NN-1, NN-2, 
NN-5a, and NN-5b of this subpart shall be recalibrated at the frequency 
specified by the standard method used or by the manufacturer's 
directions.
    (3) Equipment used to measure quantities in Equations NN-3 and NN-4 
of this subpart shall be recalibrated at the frequency commonly used 
within the industry.
0
90. Section 98.405 is amended by removing and reserving paragraph 
(c)(3).
0
91. Section 98.406 is amended by:
0
a. Revising paragraph (a)(4).
0
b. Revising paragraphs (a)(7), (b)(2), and (b)(3).
0
c. Removing and reserving paragraph (b)(4).
0
d. Revising paragraphs (b)(5), (b)(7), (b)(9), and (b)(12) introductory 
text.


Sec.  98.406  Data reporting requirements.

    (a) * * *
    (4) Annual quantities (in barrels) of y-grade, o-grade, and other 
bulk NGLs:
    (i) Received.
    (ii) Supplied to downstream users that are not fractionated by the 
reporter.
* * * * *
    (7) Annual CO2 mass emissions (metric tons) that would 
result from the combustion or oxidation of fractionated NGLs supplied 
less the quantity received from other fractionators, calculated in 
accordance with Sec.  98.403(c)(2). If the calculated value is 
negative, the reporter shall report the value as zero.
* * * * *
    (b) * * *
    (2) Annual volume in Mscf of natural gas placed into storage or 
liquefied and stored (Fuel1 in Equation NN-5a).
    (3) Annual volume in Mscf of natural gas withdrawn from on-system 
storage and annual volume in Mscf of vaporized liquefied natural gas 
(LNG) withdrawn from storage for delivery on the distribution system 
(Fuel2 in Equation NN-5a).
    (4) [Reserved]
    (5) Annual volume in Mscf of natural gas that bypassed the city 
gate(s) and was supplied through the LDC distribution system. This 
includes natural gas from producers and natural gas processing plants 
from local production, or natural gas that was vaporized upon receipt 
and delivered, and any other source that bypassed the city gate 
(Fuelz in Equation NN-5b).
* * * * *
    (7) Annual volume in Mscf of natural gas delivered by the LDC to 
each end-user facility that received from the LDC deliveries equal to 
or greater than 460,000 Mscf during the calendar year, if known; 
otherwise, report the annual volume in Mscf of natural gas delivered by 
the LDC to each meter registering supply equal to or greater than 
460,000 Mscf during the calendar year.
* * * * *
    (9) Annual CO2 emissions (metric tons) that would result 
from the complete combustion or oxidation of the annual supply of 
natural gas to end-users registering less than 460,000 Mscf, calculated 
in accordance with Sec.  98.403(b)(4). If the calculated value is 
negative, the reporter shall report the value as zero.
* * * * *
    (12) The customer name, address, and meter number of each end-user 
reported in paragraph (b)(7) of this section. Additionally, report 
whether the quantity of natural gas reported in paragraph (b)(7) of 
this section is the total quantity delivered to the end-user, or the 
quantity delivered to a specific meter.
* * * * *
0
92. Section 98.407 is amended by revising the introductory text to read 
as follows:


Sec.  98.407  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), the 
reporter shall retain the following records:
* * * * *
0
93. Tables NN-1 and NN-2 to subpart NN are revised to read as follows:

  Table NN-1 to Subpart NN of Part 98--Default Factors for Calculation
                      Methodology 1 of This Subpart
------------------------------------------------------------------------
                                                            Default CO2
                                       Default higher        emission
               Fuel                   heating value\1\    factor (kg CO2/
                                                              MMBtu)
------------------------------------------------------------------------
Natural Gas.......................  1.026 MMBtu/Mscf....           53.06
Propane...........................  3.84 MMBtu/bbl......           62.87
Normal butane.....................  4.34 MMBtu/bbl......           64.77
Ethane............................  2.85 MMBtu/bbl......           59.60
Isobutane.........................  4.16 MMBtu/bbl......           64.94
Pentanes plus.....................  4.62 MMBtu/bbl......           70.02
------------------------------------------------------------------------
\1\ Conditions for higher heating values presented in MMBtu/bbl are
  60[deg]F and saturation pressure.


   Table NN-2 to Subpart NN of Part 98--Default Values for Calculation
                      Methodology 2 of This Subpart
------------------------------------------------------------------------
                                                            Default CO2
                                                          emission value
               Fuel                         Unit          (MT CO2/Unit)\
                                                                1\
------------------------------------------------------------------------
Natural Gas.......................  Mscf................          0.0544
Propane...........................  Barrel..............          0.241
Normal butane.....................  Barrel..............          0.281
Ethane............................  Barrel..............          0.170
Isobutane.........................  Barrel..............          0.270
Pentanes plus.....................  Barrel..............          0.324
------------------------------------------------------------------------
\1\ Conditions for emission value presented in MT CO2/bbl are 60[deg]F
  and saturation pressure.


[[Page 19874]]

Subpart PP--[AMENDED]

0
94. Section 98.423 is amended by revising paragraph (a)(3)(i) 
introductory text to read as follows:


Sec.  98.423  Calculating CO2 supply.

    (a) * * *
    (3) * * *
    (i) For facilities with production process units or production 
wells that capture or extract a CO2 stream and either 
measure it after segregation or do not segregate the flow, calculate 
the total CO2 supplied in accordance with Equation PP-3a.
* * * * *
0
95. Section 98.426 is amended by revising paragraphs (b)(4)(i), 
(b)(4)(ii), (f)(10), and (f)(11) to read as follows:


Sec.  98.426  Data reporting requirements.

* * * * *
    (b) * * *
    (4) * * *
    (i) Quarterly density of the CO2 stream in metric tons 
per standard cubic meter if you report the concentration of the 
CO2 stream in paragraph (b)(3) of this section in weight 
percent.
    (ii) Quarterly density of CO2 in metric tons per 
standard cubic meter if you report the concentration of the 
CO2 stream in paragraph (b)(3) of this section in volume 
percent.
* * * * *
    (f) * * *
    (10) Injection of CO2 for enhanced oil and natural gas 
recovery that is covered by subpart UU of this part.
    (11) Geologic sequestration of carbon dioxide that is covered by 
subpart RR of this part.
* * * * *

Subpart QQ--[AMENDED]

0
96. Section 98.433 is amended by revising the parameter ``St'' of 
Equation QQ-1 and Equation QQ-2 to read as follows:


Sec.  98.433  Calculating GHG contained in pre-charged equipment or 
closed-cell foams.

    (a) * * *
* * * * *
St = Mass of fluorinated GHG per unit of equipment type t 
or foam type t (charge per piece of equipment, kg) or density of 
fluorinated GHG in foam (charge per cubic foot of foam, kg per cubic 
foot).
* * * * *
    (b) * * *
* * * * *
St = Mass in CO2e of the fluorinated GHGs per 
unit of equipment type t or foam type t (charge per piece of 
equipment, kg) or density of fluorinated GHG in foam 
(CO2e per cubic foot of foam, kg CO2e per 
cubic foot).
* * * * *
0
97. Section 98.434 is amended by revising paragraph (b) to read as 
follows:


Sec.  98.434  Monitoring and QA/QC requirements.

* * * * *
    (b) The inputs to the annual submission must be reviewed against 
the import or export transaction records to ensure that the information 
submitted to EPA is being accurately transcribed as the correct 
chemical or blend in the correct pre-charged equipment or closed-cell 
foam in the correct quantities and units.
0
98. Section 98.436 is amended by:
0
a. Revising paragraphs (a)(3), (a)(4), (a)(6)(ii), (a)(6)(iii), (b)(3), 
(b)(4), (b)(6)(ii), and (b)(6)(iii).
    Removing and reserving paragraphs (a)(5), (a)(6)(iv), (b)(5), and 
(b)(6)(iv).


Sec.  98.436  Data reporting requirements.

    (a) * * *
    (3) For closed-cell foams that are imported inside of equipment, 
the identity of the fluorinated GHG contained in the foam, the mass of 
the fluorinated GHG contained in the foam in each piece of equipment, 
and the number of pieces of equipment imported with each unique 
combination of mass and identity of fluorinated GHG within the closed-
cell foams.
    (4) For closed cell-foams that are not imported inside of 
equipment, the identity of the fluorinated GHG in the foam, the density 
of the fluorinated GHG in the foam (kg fluorinated GHG/cubic foot), and 
the volume of foam imported (cubic feet) for each type of closed-cell 
foam with a unique combination of fluorinated GHG density and identity.
    (5) [Reserved]
    (6) * * *
    (ii) For closed-cell foams that are imported inside of equipment, 
the mass of the fluorinated GHGs in CO2e contained in the 
foam in each piece of equipment and the number of pieces of equipment 
imported for each equipment type.
    (iii) For closed-cell foams that are not imported inside of 
equipment, the density in CO2e of the fluorinated GHGs in 
the foam (kg CO2e/cubic foot) and the volume of foam 
imported (cubic feet) for each type of closed-cell foam.
    (iv) [Reserved]
* * * * *
    (b) * * *
    (3) For closed-cell foams that are exported inside of equipment, 
the identity of the fluorinated GHG contained in the foam in each piece 
of equipment, the mass of the fluorinated GHG contained in the foam in 
each piece of equipment, and the number of pieces of equipment exported 
with each unique combination of mass and identity of fluorinated GHG 
within the closed-cell foams.
    (4) For closed-cell foams that are not exported inside of 
equipment, the identity of the fluorinated GHG in the foam, the density 
of the fluorinated GHG in the foam (kg fluorinated GHG/cubic foot), and 
the volume of foam exported (cubic feet) for each type of closed-cell 
foam with a unique combination of fluorinated GHG density and identity.
    (5) [Reserved]
    (6) * * *
    (ii) For closed-cell foams that are exported inside of equipment, 
the mass of the fluorinated GHGs in CO2e contained in the 
foam in each piece of equipment and the number of pieces of equipment 
imported for each equipment type.
    (iii) For closed-cell foams that are not exported inside of 
equipment, the density in CO2e of the fluorinated GHGs in 
the foam (kg CO2 e/cubic foot) and the volume of foam 
imported (cubic feet) for each type of closed-cell foam.
    (iv) [Reserved]
* * * * *
0
99. Section 98.438 is amended by revising the definitions for ``Closed-
cell foam'' and ``Pre-charged electrical equipment component'' to read 
as follows:


Sec.  98.438  Definitions.

* * * * *
    Closed-cell foam means any foam product, excluding packaging foam, 
that is constructed with a closed-cell structure and a blowing agent 
containing a fluorinated GHG. Closed-cell foams include but are not 
limited to polyurethane (PU) foam contained in equipment, PU continuous 
and discontinuous panel foam, PU one component foam, PU spray foam, 
extruded polystyrene (XPS) boardstock foam, and XPS sheet foam. 
Packaging foam means foam used exclusively during shipment or storage 
to temporarily enclose items.
* * * * *
    Pre-charged electrical equipment component means any portion of 
electrical equipment that is charged with a fluorinated greenhouse gas 
prior to sale or distribution or offer for sale or distribution in 
interstate commerce.

Subpart RR--[AMENDED]

0
100. Section 98.443 is amended by:
0
a. Revising the parameter ``Sr,p'' of Equation RR-2 at 
paragraph (a)(2).

[[Page 19875]]

0
b. Revising paragraph (d)(3) introductory text.
0
c. Revising the parameter ``CO2FI'' of Equation RR-12.


Sec.  98.443  Calculating CO2 geologic sequestration.

* * * * *
    (a) * * *
    (2) * * *
* * * * *
Sr,p = Quarterly volume of contents in containers r 
redelivered to another facility without being injected into your 
well in quarter p (standard cubic meters).
* * * * *
    (d) * * *
    (3) To aggregate production data, you must sum the mass of all of 
the CO2 separated at each gas-liquid separator in accordance 
with the procedure specified in Equation RR-9 of this section. You must 
assume that the total CO2 measured at the separator(s) 
represents a percentage of the total CO2 produced. In order 
to account for the percentage of CO2 produced that is 
estimated to remain with the produced oil or other fluid, you must 
multiply the quarterly mass of CO2 measured at the 
separator(s) by a percentage estimated using a methodology in your 
approved MRV plan. If fluids containing CO2 from injection 
wells covered under this source category are produced and not processed 
through a gas-liquid separator, the concentration of CO2 in 
the produced fluids must be measured at a flow meter located prior to 
reinjection or reuse using methods in Sec.  98.444(f)(1). The 
considerations you intend to use to calculate CO2 from 
produced fluids for the mass balance equation must be described in your 
approved MRV plan in accordance with Sec.  98.448(a)(5).
* * * * *
    (f) * * *
    (2) * * *
* * * * *
CO2FI = Total annual CO2 mass emitted (metric 
tons) from equipment leaks and vented emissions of CO2 
from equipment located on the surface between the flow meter used to 
measure injection quantity and the injection wellhead, for which a 
calculation procedure is provided in subpart W of this part.
0
101. Section 98.446 is amended by revising paragraph (b)(5) to read as 
follows:


Sec.  98.446  Data reporting requirements.

* * * * *
    (b) * * *
    (5) The standard or method used to calculate each value in 
paragraphs (b)(1), (b)(2), and (b)(3) of this section.
* * * * *

Subpart SS--[AMENDED]

0
102. Section 98.453 is amended by:
0
a. Revising paragraph (d).
0
b. Revising paragraph (h).
0
c. Revising the parameter ``MF'' of Equation SS-6.


Sec.  98.453  Calculating GHG emissions.

* * * * *
    (d) Estimate the mass of SF6 or PFCs disbursed to 
customers in new equipment or cylinders over the period p by monitoring 
the mass flow of the SF6 or PFCs into the new equipment or 
cylinders using a flowmeter, or by weighing containers before and after 
gas from containers is used to fill equipment or cylinders, or by using 
the nameplate capacity of the equipment.
* * * * *
    (h) If the mass of SF6 or the PFC disbursed to customers 
in new equipment or cylinders over the period p is determined by using 
the nameplate capacity, or by using the nameplate capacity of the 
equipment and calculating the partial shipping charge, use the methods 
in either paragraph (h)(1) or (h)(2) of this section.
    (1) Determine the equipment's actual nameplate capacity, by 
measuring the nameplate capacities of a representative sample of each 
make and model and calculating the mean value for each make and model 
as specified at Sec.  98.454(f).
    (2) If equipment is shipped with a partial charge, calculate the 
partial shipping charge by multiplying the nameplate capacity of the 
equipment by the ratio of the densities of the partial charge to the 
full charge.
    (i) * * *
* * * * *
MF = The total annual mass of the SF6 or PFCs, in pounds, 
used to fill equipment during equipment installation at electric 
transmission or distribution facilities.
* * * * *
0
103. Section 98.456 is amended by revising paragraphs (m), (o), and (p) 
to read as follows:


Sec.  98.456  Data reporting requirements.

* * * * *
    (m) The values for EFci of Equation SS-5 of this subpart 
for each hose and valve combination and the associated valve fitting 
sizes and hose diameters.
* * * * *
    (o) If the mass of SF6 or the PFC disbursed to customers 
in new equipment over the period p is determined according to the 
methods required in Sec.  98.453(h), report the mean value of nameplate 
capacity in pounds for each make, model, and group of conditions.
    (p) If the mass of SF6 or the PFC disbursed to customers 
in new equipment over the period p is determined according to the 
methods required in Sec.  98.453(h), report the number of samples and 
the upper and lower bounds on the 95 percent confidence interval for 
each make, model, and group of conditions.
* * * * *

Subpart TT--[AMENDED]

0
104. Section 98.460 is amended by revising paragraph (c)(2)(xiii) to 
read as follows:


Sec.  98.460  Definition of the source category.

* * * * *
    (c) * * *
    (2) * * *
    (xiii) Other waste material that has a DOC value of 0.3 weight 
percent (on a wet basis) or less. DOC value must be determined using a 
60-day anaerobic biodegradation test procedure identified in Sec.  
98.464(b)(4)(i).
* * * * *
0
105. Section 98.463 is amended by:
0
a. Revising the parameter ``DOCF'' of Equation TT-1.
0
b. Removing the parameter ``Fx'' of Equation TT-1 and adding 
in its place the parameter ``F''.
0
c. Revising Equation TT-4b.
0
d. Revising the parameter ``OX'' of Equation TT-6.


Sec.  98.463  Calculating GHG emissions.

    (a) * * *
    (1) * * *
* * * * *
DOCF = Fraction of DOC dissimilated (fraction); use the 
default value of 0.5. If measured values of DOC are available using 
the 60-day anaerobic biodegradation test procedure identified in 
98.464(b)(4)(i), use a default value of 1.0.
* * * * *
F = Fraction by volume of CH4 in landfill gas (fraction, 
dry basis, corrected to 0% oxygen). If you have a gas collection 
system, use the annual average CH4 concentration from 
measurement data for the current reporting year; otherwise, use the 
default value of 0.5.
* * * * *
    (2) * * *
    (ii) * * *
    (C) * * *
* * * * *

[[Page 19876]]

[GRAPHIC] [TIFF OMITTED] TP02AP13.010

* * * * *
    (b) * * *
    (1) * * *
* * * * *
OX = Oxidation fraction from Table HH-4 of subpart HH of this part.
* * * * *
0
106. Section 98.464 is amended by:
0
a. Revising paragraph (b) introductory text.
0
b. Revising Equation TT-7.
0
c. Removing the parameters ``DOCF'', 
``MCDcontrol'', and ``MCcontrol'' of Equation TT-
7.
0
d. Revising paragraph (c).


Sec.  98.464  Monitoring and QA/QC requirements.

* * * * *
    (b) For each waste stream placed in the landfill during the 
reporting year for which you choose to determine volatile solids 
concentration and/or a waste stream-specific DOCX, you must 
collect and test a representative sample of that waste stream using the 
methods specified in paragraphs (b)(1) through (b)(4) of this section, 
as applicable.
* * * * *
    (4) * * *
    (i) * * *
    (E) * * *
    [GRAPHIC] [TIFF OMITTED] TP02AP13.011
    

Where:
DOCX = Degradable organic content of the waste stream in 
Year X (weight fraction, wet basis)
MCDsample,x = Mass of carbon degraded in the waste stream 
sample in Year X as determined in paragraph (b)(4)(i)(C) of this 
section [milligrams (mg)].
Msample,x = Mass of waste stream sample used in the 
anaerobic degradation test in Year X (mg, wet basis).
* * * * *
    (c) For each waste stream that was historically managed in the 
landfill but was not received during the first reporting year for which 
you choose to determine volatile solids concentration and/or a waste 
stream-specific DOCX, you must determine volatile solids 
concentration or DOCX of the waste stream as initially 
placed in the landfill using the methods specified in paragraph (c)(1) 
or (c)(2) of this section, as applicable.
    (1) If you can identify a similar waste stream to the waste stream 
that was historically managed in the landfill, you must determine the 
volatile solids concentration or DOCX of the similar waste 
stream using the applicable procedures in paragraphs (b)(1) through 
(b)(4) of this section.
    (2) If you cannot identify a similar waste stream to the waste 
stream that was historically managed in the landfill, you may determine 
the volatile solids concentration or DOCX of the 
historically managed waste stream using process knowledge. You must 
document the basis for the volatile solids concentration or 
DOCX value as determined through process knowledge.
* * * * *
0
107. Section 98.466 is amended by:
0
a. Revising paragraph (b)(1).
0
b. Adding paragraph (b)(5).
0
c. Revising paragraph (c) introductory text.
0
d. Removing and reserving paragraph (c)(1).
0
e. Revising paragraphs (c)(2), (c)(3) introductory text, and (c)(4) 
introductory text.
0
f. Adding paragraph (c)(5).
0
g. Revising paragraph (d)(3).
0
h. Revising paragraph (h).


Sec.  98.466  Data reporting requirements.

* * * * *
    (b) * * *
    (1) The number of waste steams (including ``Other Industrial Solid 
Waste (not otherwise listed)'' and ``Inerts'') for which Equation TT-1 
of this subpart is used to calculate modeled CH4 generation.
* * * * *
    (5) For each waste stream, the decay rate (k) value used in the 
calculations.
    (c) Report the following historical waste information:
    (1) [Reserved]
    (2) For each waste stream identified in paragraph (b) of this 
section, the method(s) for estimating historical waste disposal 
quantities and the range of years for which each method applies.
    (3) For each waste stream identified in paragraph (b) of this 
section for which Equation TT-2 of this subpart is used, provide:
* * * * *
    (4) If Equation TT-4a of this subpart is used, provide:
* * * * *
    (5) If Equation TT-4b of this subpart is used, provide:
    (i) WIP (i.e., the quantity of waste in-place at the start of the 
reporting year from design drawings or engineering estimates (metric 
tons) or, for closed landfills for which waste in-place quantities are 
not available, the landfill's design capacity).
    (ii) The cumulative quantity of waste placed in the landfill for 
the years for which disposal quantities are available from company 
record or from Equation TT-3 of this part.
    (iii) YrLast.
    (iv) YrOpen.
    (v) NYrData.
    (d) * * *
    (3) For each waste stream, the degradable organic carbon 
(DOCX) value (mass fraction) for the specified year and an 
indication as to whether this was the default value from Table TT-1 to 
this subpart, a measured value using a 60-day anaerobic biodegradation 
test as specified in Sec.  98.464(b)(4)(i), or a value based on total 
and volatile solids measurements as specified in Sec.  
98.464(b)(4)(ii). If DOCx was determined by a 60-day 
anaerobic biodegradation test, specify the test method used.
* * * * *
    (h) For landfills with gas collection systems, in addition to the 
reporting requirements in paragraphs (a) through (f) of this section, 
provide:
    (1) The annual methane generation, adjusted for oxidation, 
calculated using Equation TT-6 of this subpart, reported in metric tons 
CH4;
    (2) The oxidation factor used in Equation TT-6 of this subpart; and
    (3) All information required under 40 CFR 98.346(i)(1) through 
(i)(7) and 40 CFR 98.346(i)(9) through (i)(12).
0
108. Section 98.467 is revised to read as follows:

[[Page 19877]]

Sec.  98.467  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must 
retain the calibration records for all monitoring equipment, including 
the method or manufacturer's specification used for calibration, and 
all measurement data used for the purposes of paragraphs Sec.  
98.460(c)(2)(xii) or (c)(2)(xiii) or used to determine waste stream-
specific DOCX values for use in Equation TT-1 of this 
subpart.
0
109. Table TT-1 to Subpart TT is amended by:
0
a. Revising the first four entries.
0
b. Adding a new entry following ``Construction and Demolition''.

           Table TT-1 to Subpart TT--Default DOC and Decay Rate Values for Industrial Waste Landfills
----------------------------------------------------------------------------------------------------------------
                                                              DOC (weight     k [dry    k [moderate     k [wet
                     Industry/waste type                       fraction,   climate\a\]  climate\a\]  climate\a\]
                                                               wet basis)   (yr\ -1\)    (yr \-1\)    (yr \-1\)
----------------------------------------------------------------------------------------------------------------
Food Processing (other than sludge).........................         0.22         0.06         0.12         0.18
Pulp and Paper (other than sludge)..........................         0.20         0.02         0.03         0.04
Wood and Wood Product (other than sludge)...................         0.43         0.02         0.03         0.04
Construction and Demolition.................................         0.08         0.02         0.03         0.04
Industrial Sludge...........................................         0.09         0.02         0.04         0.06
 
* * * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ The applicable climate classification is determined based on the annual rainfall plus the recirculated
  leachate application rate. Recirculated leachate application rate (in inches/year) is the total volume of
  leachate recirculated from company records or engineering estimates and applied to the landfill divided by the
  area of the portion of the landfill containing waste [with appropriate unit conversions].
(1) Dry climate = precipitation plus recirculated leachate less than 20 inches/year
(2) Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive)
(3) Wet climate = precipitation plus recirculated leachate greater than 40 inches/year
Alternatively, landfills that use leachate recirculation can elect to use the k value for wet climate rather
  than calculating the recirculated leachate rate.
\(1)\ Dry climate = precipitation plus recirculated leachate less than 20 inches/year.
\(2)\ Moderate climate = precipitation plus recirculated leachate from 20 to 40 inches/year (inclusive).
\(3)\ Wet climate = precipitation plus recirculated leachate greater than 40 inches/year.

Subpart UU--[AMENDED]

0
110. Section 98.473 is amended by revising:
0
a. The parameter ``D'' of Equation UU-2 in paragraph (a)(2).
0
b. The parameter ``Sr,p'' of Equation UU-2 in paragraph 
(b)(2).


Sec.  98.473  Calculating CO2 received.

    (a) * * *
    (2) * * *
* * * * *
D = Density of CO2 at standard conditions (metric tons 
per standard cubic meter): 0.0018682.
* * * * *
    (b) * * *
    (2) * * *
* * * * *
Sr,p = Quarterly volume of contents in containers r that 
is redelivered to another facility without being injected into your 
well in quarter p (standard cubic meters).
* * * * *
0
111. Section 98.476 is amended by:
0
a. Revising paragraph (b)(5).
0
b. Adding paragraph (e).


Sec.  98.476  Data reporting requirements.

* * * * *
    (b) * * *
    (5) The standard or method used to calculate each value in 
paragraphs (b)(1), (b)(2), and (b)(3) of this section.
* * * * *
    (e) Report the following:
    (1) Whether the facility received a Research and Development 
project exemption from reporting under 40 CFR part 98, subpart RR, for 
this reporting year. If you received an exemption, report the start and 
end dates of the exemption approved by EPA.
    (2) Whether the facility includes a well or group of wells where a 
CO2 stream was injected into subsurface geologic formations 
to enhance the recovery of oil during this reporting year.
    (3) Whether the facility includes a well or group of wells where a 
CO2 stream was injected into subsurface geologic formations 
to enhance the recovery of natural gas during this reporting year.
    (4) Whether the facility includes a well or group of wells where a 
CO2 stream was injected into subsurface geologic formations 
for acid gas disposal during this reporting year.
    (5) Whether the facility includes a well or group of wells where a 
CO2 stream was injected for a purpose other than those 
listed in paragraphs (e)(1) through (4) of this section. If you 
injected CO2 for another purpose, report the purpose of the 
injection.

[FR Doc. 2013-06093 Filed 4-1-13; 8:45 am]
BILLING CODE 6560-50-P