
[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63749-63799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23780]



[[Page 63749]]

Vol. 79

Friday,

No. 206

October 24, 2014

Part III





Environmental Protection Agency





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40 CFR Part 98





 Revisions to Reporting and Recordkeeping Requirements, and 
Confidentiality Determinations Under the Greenhouse Gas Reporting 
Program; Final Rule

  Federal Register / Vol. 79 , No. 206 / Friday, October 24, 2014 / 
Rules and Regulations  

[[Page 63750]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2010-0929; FRL-9916-76-OAR]
RIN 2060-AQ81


Revisions to Reporting and Recordkeeping Requirements, and 
Confidentiality Determinations Under the Greenhouse Gas Reporting 
Program; Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the 
reporting and recordkeeping requirements of the Greenhouse Gas 
Reporting Program. These amendments include an alternative verification 
approach in lieu of collecting certain data elements for which the EPA 
has identified disclosure concerns and for which the reporting deadline 
was deferred until March 31, 2015. The alternative verification 
approach includes the addition of new verification, recordkeeping, and 
reporting requirements while maintaining the EPA's ability to verify 
emissions and ensure compliance with the Greenhouse Gas Reporting 
Program. In conjunction with the amendments, the EPA is establishing 
final confidentiality determinations for the new data elements added in 
this action.

DATES: This final rule is effective on November 24, 2014.

ADDRESSES: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, will 
be publicly available only in hard copy. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, William 
Jefferson Clinton Building West, Room B102, 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 GENERAL INFORMATION CONTACT: Carole Cook, Climate Change 
Division, Office of Atmospheric Programs (MC-6207J), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: (202) 343-9263; fax number: (202) 343-2342; email 
address: GHGreporting@epa.gov. For technical information, contact the 
Greenhouse Gas Reporting Rule Helpline at: http://www.epa.gov/climatechange/emissions/ghgrule_contactus.htm. Alternatively, contact 
Carole Cook at 202-343-9263.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final rule, memoranda to the docket, and all 
other related information will also be available through the WWW on the 
EPA's greenhouse gas reporting rule Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. This final rule revision on reporting and 
recordkeeping requirements and verification procedures affects entities 
that must submit annual greenhouse gas (GHG) reports under the 
Greenhouse Gas Reporting Program (GHGRP) (40 CFR part 98). The 
Administrator has determined that 40 CFR part 98 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''). Entities affected 
by this final rule are owners and operators of facilities that are 
direct emitters of GHGs, which include those listed in Table 1 of this 
preamble:

                               Table 1--Examples of Affected Entities by Category
----------------------------------------------------------------------------------------------------------------
               Category                              NAICS                   Examples of affected facilities
----------------------------------------------------------------------------------------------------------------
General Stationary Fuel Combustion      ..............................  Facilities operating boilers, process
 Sources.                                                                heaters, incinerators, turbines, and
                                                                         internal combustion engines.
                                        321...........................  Manufacturers of lumber and wood
                                                                         products.
                                        322...........................  Pulp and paper mills.
                                        325...........................  Chemical manufacturers.
                                        324...........................  Petroleum refineries and manufacturers
                                                                         of coal products.
                                        316, 326, 339.................  Manufacturers of rubber and
                                                                         miscellaneous plastic products.
                                        331...........................  Steel works, blast furnaces.
                                        332...........................  Electroplating, plating, polishing,
                                                                         anodizing, and coloring.
                                        336...........................  Manufacturers of motor vehicle parts and
                                                                         accessories.
                                        221...........................  Electric, gas, and sanitary services.
                                        622...........................  Health services.
                                        611...........................  Educational services.
                                        325193........................  Ethyl alcohol manufacturing facilities.
                                        311611........................  Meat processing facilities.
                                        311411........................  Frozen fruit, juice, and vegetable
                                                                         manufacturing facilities.
                                        311421........................  Fruit and vegetable canning facilities.
Adipic Acid Production................  325199........................  Adipic acid manufacturing facilities.
Aluminum Production...................  331312........................  Primary aluminum production facilities.
Ammonia Manufacturing.................  325311........................  Anhydrous and aqueous ammonia production
                                                                         facilities.
Cement Production.....................  327310........................  Portland cement manufacturing plants.
Ferroalloy Production.................  331112........................  Ferroalloys manufacturing facilities.
Glass Production......................  327211........................  Flat glass manufacturing facilities.
                                        327213........................  Glass container manufacturing
                                                                         facilities.
                                        327212........................  Other pressed and blown glass and
                                                                         glassware manufacturing facilities.
HCFC-22 Production and HFC-23           325120........................  Chlorodifluoromethane manufacturing
 Destruction.                                                            facilities.
Hydrogen Production...................  325120........................  Hydrogen production facilities.
Iron and Steel Production.............  331111........................  Integrated iron and steel mills, steel
                                                                         companies, sinter plants, blast
                                                                         furnaces, basic oxygen process furnace
                                                                         shops.

[[Page 63751]]

 
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.
Nitric Acid Production................  325311........................  Nitric acid production facilities.
Petrochemical Production..............  32511.........................  Ethylene dichloride production
                                                                         facilities.
                                        325199........................  Acrylonitrile, ethylene oxide, methanol
                                                                         production facilities.
                                        325110........................  Ethylene production facilities.
                                        325182........................  Carbon black production facilities.
Petroleum and Natural Gas Systems.....  486210........................  Pipeline transportation of natural gas.
                                        221210........................  Natural gas distribution facilities.
                                        211...........................  Extractors of crude petroleum and
                                                                         natural gas.
                                        211112........................  Natural gas liquid extraction
                                                                         facilities.
Petroleum Refineries..................  324110........................  Petroleum refineries.
Phosphoric Acid Production............  325312........................  Phosphoric acid manufacturing
                                                                         facilities.
Pulp and Paper Manufacturing..........  322110........................  Pulp mills.
                                        322121........................  Paper mills.
                                        322130........................  Paperboard mills.
Silicon Carbide Production............  327910........................  Silicon carbide abrasives manufacturing
                                                                         facilities.
Soda Ash Manufacturing................  325181........................  Alkalies and chlorine manufacturing
                                                                         facilities.
                                        212391........................  Soda ash, natural, mining and/or
                                                                         beneficiation.
Titanium Dioxide Production...........  325188........................  Titanium dioxide manufacturing
                                                                         facilities.
Zinc Production.......................  331419........................  Primary zinc refining facilities.
                                        331492........................  Zinc dust reclaiming facilities,
                                                                         recovering from scrap and/or alloying
                                                                         purchased metals.
                                        311411........................  Frozen fruit, juice and vegetable
                                                                         manufacturing facilities.
                                        311421........................  Fruit and vegetable canning facilities.
Wastewater Treatment \a\..............  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.
----------------------------------------------------------------------------------------------------------------
\a\ The inputs to emission equations (for which reporting was deferred to 2015) in these categories were
  evaluated following the four-step process set forth in the memorandum entitled ``Process for Evaluating and
  Potentially Amending Part 98 Inputs to Emission Equations'' (Docket ID No. EPA-HQ-OAR-2010-0929). Refer to
  Section 1.B of the proposal preamble (78 FR 55994, September 11, 2013) for further information regarding this
  evaluation. No amendment to the subpart affecting this industry category was proposed as a result of the
  evaluation. Accordingly, this final action does not include any amendment to this subpart. Refer to Section
  II.B of this preamble for further discussion of the EPA's decision.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding facilities and suppliers 
likely to be affected by this action. Types of facilities other than 
those listed in this table might also be affected by this action. To 
determine whether you are affected by this action, you should carefully 
examine the applicability criteria found in 40 CFR part 98, subpart A 
or the relevant criteria in the subparts. If you have questions 
regarding the applicability of this action to a particular facility or 
supplier, consult the person listed in the preceding FOR FURTHER 
GENERAL INFORMATION CONTACT section.
    Many facilities that are affected by 40 CFR part 98 have GHG 
emissions from multiple source categories listed in Table 1 of this 
preamble.
    Judicial Review. Under CAA section 307(b)(1), judicial review of 
this final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
Court) by December 23, 2014. Under CAA section 307(d)(7)(B), only an 
objection to this final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Section 307(d)(7)(B) of the CAA also provides a 
mechanism for the EPA to convene a proceeding for reconsideration, 
``[i]f the person raising an objection can demonstrate to EPA that it 
was impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of the 
rule.'' Any person seeking to make such a demonstration to us should 
submit a Petition for Reconsideration to the Office of the 
Administrator, Environmental Protection Agency, Room 3000, William 
Jefferson Clinton Building, 1200 Pennsylvania Ave. NW., Washington, DC 
20460, with a copy to the person listed in the preceding FOR FURTHER 
GENERAL INFORMATION CONTACT section, and the Associate General Counsel 
for the Air and Radiation Law Office, Office of General Counsel (Mail 
Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., Washington, DC 20004. Note that under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce these requirements.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

CAA Clean Air Act
CaO Calcium oxide
CAR Climate Action Reserve
CBI Confidential business information
CEMS continuous emissions monitoring system
CFR Code of Federal Regulations
CKD Cement kiln dust
CO2 Carbon dioxide

[[Page 63752]]

e-GGRT Electronic Greenhouse Gas Reporting Tool
EPA U.S. Environmental Protection Agency
FISMA Federal Information Security Management Act of 2002
FR Federal Register
FTC Federal Trade Commission
GHG Greenhouse gas
GHGRP Greenhouse Gas Reporting Program
HCFC-22 Chlorodifluoromethane
HFC Hydrofluorocarbons
HTML Hypertext markup language
ICR Information Collection Request
IVT Inputs Verification Tool
KA Ketone-alcohol oil (or cyclohexanol)
lb Pound
MMBtu Million British thermal units
N2O Nitrous oxide
NAICS North American Industry Classification System
NIST National Institute of Standards and Technology
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management & Budget
PUC Public utility commission
RFA Regulatory Flexibility Act
SSM Startup, shutdown, and malfunction
TLS Transport Layer Security
TRI Toxics Release Inventory
UMRA Unfunded Mandates Reform Act
U.S. United States
WWW Worldwide Web
XML Extensible markup language

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

I. Executive Summary, Background, and Overview
    A. How is this preamble organized?
    B. Executive Summary
    C. Background on the Action
    D. Subparts Covered in the Final Rule
    E. Legal Authority
II. Summary of Final Amendments to Part 98
    A. Addition of a Requirement for Certain Reporters To Use an 
Inputs Verification Tool (IVT) to Enter Certain Data Elements
    B. Removal of the Requirement To Report Certain Data Elements
    C. Revision of Recordkeeping Requirements for Facilities 
Required To Use IVT
    D. Addition of Reporting Requirements for Certain Facilities 
Required To Use IVT
III. Summary of Final Confidentiality Determinations for New Data 
Elements
    A. Summary of Final CBI Determinations
    B. Response to Public Comments
IV. Impacts of the Final Rule
    A. How were the costs of this final rule estimated?
    B. Do the final confidentiality determinations change the 
impacts of the final amendments?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Executive Summary, Background, and Overview

A. How is this preamble organized?

    Section I of this preamble provides background information 
regarding the origin of the final amendments. Section I also discusses 
the EPA's legal authority under the CAA to promulgate and amend the 
Greenhouse Gas Reporting Rule (40 CFR part 98, hereinafter referred to 
as ``Part 98'') and the EPA's legal authority to make confidentiality 
determinations for new data elements required by this amendment. 
Section II of this preamble describes the final amendments to Part 98, 
which includes the EPA's proposed alternative verification approach. 
Section II of this preamble also describes the major changes made since 
proposal to the alternative verification approach and provides brief 
summaries of significant public comments and the EPA's responses 
thereto. Section III of this preamble finalizes the confidentiality 
determinations for the new data reporting elements being added to Part 
98 in this action. Section IV of this preamble discusses the impacts of 
the final amendments. Section V of this preamble describes the 
statutory and executive order requirements applicable to this action.

B. Executive Summary

    The EPA is finalizing the proposed alternative verification 
approach for the GHGRP, with some changes made in response to public 
comments. The alternative verification approach includes amendments to 
reporting and recordkeeping requirements of Part 98, as follows:
     Adding a requirement for certain reporters under 23 
subparts to use an EPA-provided inputs verification tool (IVT). For 
these subparts, 324 inputs to emission equations for which reporting 
was deferred to 2015 and for which disclosure concerns have been 
identified must be entered into IVT.\1\ IVT will perform electronic 
verification on the entered inputs to emission equations and use the 
entered inputs to calculate the emission equation results. IVT will not 
retain the entered inputs (i.e., the inputs are not reporting 
requirements under Part 98); instead, IVT will conduct certain checks 
(e.g., accuracy of the inputs and the calculated emissions values) at 
the time of data entry and generate a verification summary. The EPA 
will not have access to the entered inputs either during the time of 
entry or any time thereafter. However, the verification summary, which 
will be accessible to the EPA once the reporter has completed using IVT 
and the annual report is submitted, will provide the EPA with 
information to conduct further verification if necessary.
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    \1\ Under this final action, IVT would not be required to be 
used by reporters for any reported GHG for which the reporter uses a 
continuous emissions monitoring system (CEMS) or an EPA-approved 
alternative method--as allowed under 40 CFR 98.33(a)(5), 
98.53(a)(2), and 98.223(a)(2) to calculate the reported GHG value, 
rather than using inputs to emission equations (for which reporting 
was deferred to 2015) and the associated EPA-provided calculation 
methodologies to calculate the reported GHG value.
---------------------------------------------------------------------------

     For 23 subparts, removing the requirement to report 378 
inputs to emission equations for which reporting was deferred to 2015 
and for which disclosure concerns have been identified.\2\
---------------------------------------------------------------------------

    \2\ As mentioned above, there are 378 equation inputs for which 
reporting was deferred to 2015 and for which the EPA determined 
there are disclosure concerns, and 324 of these equation inputs must 
be entered into IVT. Fifty-four of the 378 equation inputs do not 
need to be entered into IVT because these equation inputs are 
redundant to other equations inputs being entered into IVT or are 
otherwise not needed for verification.
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     For reporters required to use IVT, specifying the format 
for maintaining records of data entered into IVT so that all such 
records are maintained in a consistent format; and for each facility 
subject to the IVT requirement, lengthening the record retention period 
from 3 to 5 years for all data entered into IVT and for other records 
maintained by the reporting facility under Part 98 (including subparts 
not required to use IVT).
     For certain reporters required to use IVT, adding new data 
elements to be reported.
    The EPA is not amending the reporting requirements for 151 inputs 
to emission equations for which reporting was deferred, but for which 
disclosure concerns were not identified and the data remain useful. For 
these inputs to emission equations, the deferral will

[[Page 63753]]

expire on March 31, 2015, by which date these inputs must be 
reported.\3\
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    \3\ In this action, the EPA is providing an option for Subpart W 
reporters to delay reporting of six inputs to emission equations for 
two reporting years in specific situations. Refer to section III.A.3 
of this preamble for further discussion on this topic.
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    This alternative verification approach builds on the EPA's 
experience and success with electronic reporting and verification 
during the first 4 years of the GHGRP. This alternative verification 
approach, which includes additional verification checks that IVT will 
conduct on data entered into IVT (during the data entry process), 
provides the EPA with information necessary to identify facilities with 
potential reporting errors and conduct further verification following 
the submission of annual reports. This alternative verification 
approach, including its associated revisions to recordkeeping and 
reporting requirements, provides an alternative to collecting certain 
data elements for which disclosure concerns have been identified, while 
maintaining the EPA's ability to verify data and ensure compliance with 
the GHGRP.
    Also, in conjunction with the amendments, the EPA is establishing 
confidentiality determinations for the new data elements finalized in 
this action.

C. Background on the Action

    On October 30, 2009, the EPA published the Greenhouse Gas Reporting 
Rule, 40 CFR part 98, requiring annual reporting of GHG data from a 
broad range of industry sectors (74 FR 56260). Under Part 98, the EPA 
requires annual reporting of data from certain facilities and suppliers 
above specified emission or quantity-supplied thresholds. On July 7, 
2010 (75 FR 39094) and subsequent proposals (77 FR 1434, January 10, 
2012; 77 FR 10434, February 22, 2012), we proposed confidentiality 
determinations for the data elements required to be reported. The 
confidentiality of each reported data element was determined using a 
two-step approach: (1) Grouping data elements into 22 data categories 
(e.g., inputs to emission equations, emissions, and unit/process 
operating characteristics that are not inputs to emission equations for 
direct emitter source categories) and (2) making confidentiality 
determinations either categorically or on the basis of individual data 
elements. Refer to both the July 7, 2010 proposal (75 FR 39097) and the 
May 26, 2011 final rule (76 FR 30785-30786) for more detailed 
descriptions of this process. Refer to the May 26, 2011 final rule also 
for a discussion of individual data element confidentiality 
determinations. The EPA has established final confidentiality 
determinations for part 98 data elements except those in the ``inputs 
to emission equations'' category (May 26, 2011, 76 FR 30782; August 13, 
2012, 77 FR 48072; and August 24, 2012, 77 FR 51477).\4\ We proposed 
that ``inputs to emission equations'' meet the definition of ``emission 
data'' under 40 CFR 2.301(a)(2)(i). Because, under section 114(c) of 
the CAA, emission data are not entitled to confidential treatment, we 
did not evaluate whether such data elements would qualify as CBI, 
including whether disclosure would likely cause substantial competitive 
harm to the reporting facilities (75 FR 39105 and 39108, July 7, 2010).
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    \4\ There are a small number of data elements (besides data 
elements categorized as ``inputs to emission equations'') for which 
we have not made final confidentiality determinations because we 
concluded that a determination of confidentiality for the data 
element should be made on a case-by-case facility basis. For 
example, annual ferroalloy product production capacity in subpart K 
(ferroalloy production), was not assigned a confidentiality 
determination; see 76 FR 30782, May 26, 2011.
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    Following our proposal, we received numerous industry comments 
expressing concerns regarding potential disclosure of many of these 
data elements. In light of the comments, the EPA expressed that ``these 
concerns warranted an in-depth evaluation of the potential impact from 
the release of inputs to emission equations'' and that the EPA would 
``complete this evaluation and take appropriate final actions regarding 
inputs to equations before these data elements are reported to EPA and 
potentially be subject to release.'' (76 FR 53060, August 25, 2011). In 
a document published on December 27, 2010, we issued a call for 
information (75 FR 81366) requesting additional information to assist 
us in conducting our evaluation. To allow sufficient time to complete 
this evaluation through notice and comment, we deferred the reporting 
deadline for data elements assigned to the ``inputs to emission 
equation'' category. Reporting of certain of these data elements was 
deferred to March 31, 2013, as specified in Table A-6 to subpart A; and 
reporting of the remainder of these data elements was deferred to March 
31, 2015, as specified in Table A-7 to subpart A (see the August 25, 
2011 final rule, 76 FR 53057).
    Our process for the abovementioned evaluation was documented in the 
final deferral document (76 FR 53057, August 25, 2011) and the 
accompanying memorandum entitled ``Process for Evaluating and 
Potentially Amending Part 98 Inputs to Emission Equations'' (Docket ID 
No. EPA-HQ-OAR-2010-0929). As discussed in the final deferral document 
and memorandum, our evaluation involved a four-step process, as 
follows:

     Step 1: Determine whether each data element assigned to 
the ``inputs to emission equations'' category is already publicly 
available.
     Step 2: For data elements assigned to the ``inputs to 
emission equations'' category that are not publicly available, 
evaluate whether disclosure of the information is likely to result 
in substantial competitive harm.
     Step 3: For data elements assigned to the ``inputs to 
emission equations'' category that are likely to cause substantial 
competitive harm if disclosed, evaluate potential alternative 
calculation methods.
     Step 4: For data elements assigned to the ``inputs to 
emission equations'' category that are likely to cause substantial 
competitive harm if disclosed, evaluate potential alternative 
verification methods.

    Using each step of the four-step evaluation process, the EPA 
evaluated data elements for which reporting was deferred to March 31, 
2015.\5\ The results of the evaluation were documented in the four 
following memoranda available in the EPA's Docket ID No. EPA-HQ-OAR-
2010-0929:
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    \5\ Based on the same four-step process, we also evaluated all 
data elements for which reporting was deferred to March 31, 2013 
(Table A-6 to Part 98), which did not result in amendments to Part 
98. Accordingly, affected facilities were required to report by 
April 1, 2013 these data elements for reporting years 2010 through 
2012 and must include them in annual reports for subsequent 
reporting years, as required by Part 98. For a discussion of this 
evaluation, refer to the EPA's memorandum ``Summary of Evaluation of 
Greenhouse Gas Reporting Program (GHGRP) Part 98 ``Inputs to 
Emission Equations'' Data Elements Deferred Until 2013'' (December 
17, 2012), available at http://www.epa.gov/ghgreporting/documents/pdf/2012/documents/2013-inputs-memo.pdf. In addition, the reporting 
of the inputs to emission equations in subpart I was addressed by 
amendments published on November 13, 2013 (77 FR 68162).

     ``Evaluation of Public Availability of Inputs to 
Emission Equations for which Reporting was Deferred to March 31, 
2015,'' August 2013.
     ``Evaluation of Competitive Harm from Disclosure of 
`Inputs to Equations' Data Elements Deferred to March 31, 2015,'' 
August 2013.
     ``Evaluation of Alternative Calculation Methods,'' 
August 2013.
     ``Evaluation of Alternative Verification Approaches For 
Greenhouse Gas Reporting Rule Subparts for which Reporting of Inputs 
to Emission Equations was Deferred to March 31, 2015,'' August 2013.

    Based on the results of this evaluation, the EPA proposed on 
September 11, 2013 (78 FR 55994) amendments to the recordkeeping and 
reporting provisions for 24 subparts of Part 98, including an 
alternative

[[Page 63754]]

verification approach, to address the inputs to emission equations for 
which disclosure concerns were identified in these subparts. The public 
comment period for the proposed rule amendments was initially scheduled 
to end on November 12, 2013. The EPA received requests to extend the 
public comment period, and the EPA published a document in the Federal 
Register on November 6, 2013 (78 FR 66674) extending the public comment 
period to November 26, 2013.
    In this action, the EPA is finalizing the proposed alternative 
verification approach for 23 subparts of the GHGRP with some changes 
from the proposed rule. The EPA had proposed amendments but is not 
taking final action on subpart L inputs to emission equations. Final 
action on subpart L inputs to emission equations will be addressed in a 
separate rulemaking.\6\ Responses to comments submitted on the proposed 
amendments can be found in both Section II of this preamble and the 
document ``Greenhouse Gas Reporting Rule--Revisions to Reporting and 
Recordkeeping Requirements, and Proposed Confidentiality Determinations 
Under the Greenhouse Gas Reporting Program: EPA's Responses to Public 
Comments'' (see Docket ID No. EPA-HQ-OAR-2010-0929).
---------------------------------------------------------------------------

    \6\ Accordingly, comments received covering solely topics 
related to subpart L will be addressed in a separate rulemaking.
---------------------------------------------------------------------------

D. Subparts Covered in the Final Rule

    The final amendments remove certain reporting requirements and add 
certain verification requirements for all subparts listed in Table 2 of 
this preamble. Table 2 of this preamble includes most of the subparts 
of Part 98 with inputs to emission equations for which the reporting 
deadline was deferred until 2015. Subpart I is not included in Table 2 
of this preamble because reporting of the inputs to emission equations 
for subpart I was addressed by amendments published on November 13, 
2013 (77 FR 68162). As mentioned above, subpart L is not included in 
Table 2 of this preamble because the EPA's final decision on reporting 
of the inputs to emission equations for subpart L will be addressed in 
a separate rulemaking. Subpart II is not listed in Table 2 of this 
preamble because no subpart II inputs to emission equations were 
determined to have disclosure concerns, so no subpart II inputs are 
removed from reporting under this amendment. Subpart W is excluded from 
Table 2 of this preamble as well, because no inputs to emission 
equations in subpart W are being removed from reporting. Refer to the 
memorandum ``Final Evaluation of Competitive Harm from Disclosure of 
`Inputs to Equations' Data Elements Deferred to March 31, 2015,'' 
September 2014 (refer to Docket ID No. EPA-HQ-OAR-2010-0929) for 
discussions about the EPA's harm analysis results for subparts W and 
II. Refer to Section II.B of this preamble for a discussion of 
amendments to subpart W. Additionally, parts of these final rule 
amendments affect subparts not listed in Table 2 of this preamble. 
Specifically, for owners or operators of facilities subject to both a 
subpart listed in Table 2 of this preamble and a subpart of Part 98 not 
listed in Table 2 of this preamble, the amended recordkeeping duration 
applies to the facility's records required for all Part 98 subparts (to 
which the reporter is subject). Refer to Sections II.C and III.B of the 
proposal preamble for further discussion of this recordkeeping 
amendment (78 FR 55994, September 11, 2013). Additionally, owners or 
operators of facilities reporting under subparts E, H, O, Q, W, Y, AA, 
CC, and II, as well as certain owners and operators reporting under 
subpart C, must report inputs to emission equations for which reporting 
was deferred to 2015 and disclosure concerns were not identified for 
reporting years 2010 through 2013 in the reporting year 2014 annual 
report.\7\ Refer to Section III.A.3 of the proposal preamble for 
further discussion of this reporting amendment (78 FR 55994, September 
11, 2013).
---------------------------------------------------------------------------

    \7\ For six data elements in subpart W, reporting of the data 
for reporting year 2013 may be delayed until reporting year 2015 in 
specific cases. Refer to section II.B.2 of this preamble for further 
discussion of this optional reporting delay. Further, final action 
on the inputs to emission equations whose reporting deadline was 
deferred until 2015 in Subpart L will be addressed in a separate 
rulemaking.

   Table 2--Subparts Affected by the Final Amendments Removing Certain
       Reporting and Adding Certain Verification Requirements \a\
------------------------------------------------------------------------
                                 Subpart
-------------------------------------------------------------------------
C--General Stationary Fuel Combustion--Stationary fuel combustion
 sources (e.g., individual units, aggregations of units, common pipes,
 or common stacks) excluding those that contain at least one combustion
 unit connected to a fuel-fired electric generator owned or operated by
 an entity that is subject to regulation of customer billing rates by
 the public utility commission (PUC) (excluding generators connected to
 combustion units subject to 40 CFR part 98, subpart D) and that are
 located at a facility for which the sum of the nameplate capacities for
 all such electric generators is greater than or equal to 1 megawatt
 electric output.b c
E--Adipic Acid Production.
F--Aluminum Production.
G--Ammonia Manufacturing.
H--Cement Production.
K--Ferroalloy Production.
N--Glass Production.
O--HCFC-22 Production and HFC-23 Destruction.
P--Hydrogen Production.
Q--Iron and Steel Production.
R--Lead Production.
S--Lime Manufacturing.
U--Miscellaneous Uses of Carbonate.
V--Nitric Acid Production.
X--Petrochemical Production.
Y--Petroleum Refineries.
Z--Phosphoric Acid Production.
AA--Pulp and Paper Manufacturing.
BB--Silicon Carbide Production.
CC--Soda Ash Manufacturing.
EE--Titanium Dioxide Production.

[[Page 63755]]

 
GG--Zinc Production.
TT--Industrial Waste Landfills.
------------------------------------------------------------------------
\a\ This final action does not remove reporting requirements or require
  use of IVT for any reported GHG value for which the reporter uses a
  continuous emissions monitoring system (CEMS) or an EPA-approved
  alternative method--as allowed under 40 CFR 98.33(a)(5), 98.53(a)(2),
  and 98.223(a)(2)--to calculate the reported GHG value, rather than
  using inputs to emission equations for which reporting was deferred to
  March 31, 2015, and the associated EPA-provided calculation
  methodologies to calculate the reported GHG value.
\b\ Includes one deferred input to an emission equations, 40 CFR
  98.3(d)(3)(v), which is specified in subpart A of Part 98 and applies
  to only certain reporters under subpart C.
\c\ These subpart C sources may elect to report inputs to emission
  equations rather than use IVT.

E. Legal Authority

    The EPA is amending Part 98 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 
to be reported 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, October 30, 2009) for further information.
    In addition, pursuant to sections 114, 301, and 307 of the CAA, the 
EPA has established final confidentiality determinations for the new 
data elements required by this amendment. Section 114(c) of the CAA 
requires that the EPA make publicly available information obtained 
under CAA section 114, except for information (excluding emission data) 
that qualifies for confidential treatment. The Administrator has 
determined that this action (Part 98 amendment and confidentiality 
determinations) is subject to the provisions of CAA section 307(d).

II. Summary of Final Amendments to Part 98

    The EPA is finalizing the proposed alternative verification 
approach for the GHGRP, with some changes made in response to public 
comments. A detailed description of the alternative verification 
approach is available in the preamble to the proposed rule (78 FR 
55994, September 11, 2013). Additionally, the EPA is finalizing its CBI 
determinations for the new reporting elements added to Part 98 in this 
action, with changes made in response to public comments.
    This section of the preamble describes the final amendments to Part 
98, organized according to the following four general areas:

     Addition of a requirement for facilities subject to the 
subparts listed in Table 2 of this preamble to use IVT to enter 324 
inputs to emission equations into IVT for which reporting was 
deferred to 2015 and for which disclosure concerns were identified.
     Removal of the requirement to report 378 inputs to 
emission equations for which reporting was deferred to 2015 and for 
which disclosure concerns were identified.\8\
---------------------------------------------------------------------------

    \8\ As mentioned above, there are 378 equation inputs for which 
reporting was deferred to 2015 and for which the EPA determined 
there are disclosure concerns, and 324 of these equation inputs must 
be entered into IVT. Fifty-four of the 378 equation inputs do not 
need to be entered into IVT because these equation inputs are 
redundant to other equations inputs being entered into IVT or are 
otherwise not needed for verification.
---------------------------------------------------------------------------

     Revision of recordkeeping requirements for facilities 
required to use IVT.
     Addition of new reporting elements for certain 
facilities required to use IVT.

    These four areas of final amendments are described in more detail 
in Sections II.A through II.D of this preamble. Specifically, each of 
these sections includes a summary of final amendments, a summary of 
major changes since proposal, and a summary of the major comments and 
the EPA's responses thereto. The comment response document (Docket ID. 
No. EPA-HQ-OAR-2010-0929) includes a complete listing of all comments 
received on the proposed rule (78 FR 55994, September 11, 2013) and the 
EPA's responses.
    Additional rationale for these amendments is available in the 
preamble to the proposed rule (78 FR 55994, September 11, 2013).
    The final amendments also include minor changes from the proposed 
rule that harmonize regulatory text to be consistent with other 
provisions in 40 CFR part 98, clarify regulatory text, and correct 
minor errors in the proposal. These changes are described in the 
memorandum ``Summary and Explanation of Minor Changes Since the 
Proposed Rule'' (Docket ID No. EPA-HQ-OAR-2010-0929).

A. Addition of a Requirement for Certain Reporters To Use an Inputs 
Verification Tool (IVT) To Enter Certain Data Elements

1. Summary of Final Amendments to Part 98
    The EPA is finalizing the proposed requirement that IVT be used by 
facilities subject to the subparts listed in Table 2 of this preamble, 
with some exceptions for certain subpart C sources, as further 
discussed in Section II.A.2 of this preamble. Most commenters generally 
supported use of IVT as an effective method for verifying emissions. 
Using entered inputs to emission equations, IVT calculates the equation 
results, conducts electronic verification checks on the inputs, and 
generates a verification summary, as follows. IVT will be deployed 
within the Electronic Greenhouse Gas Reporting Tool (e-GGRT) and will 
be integrated without interrupting the current electronic reporting 
process. Reporters will enter data into e-GGRT that are required to be 
reported in the annual report, and will also enter into e-GGRT (via 
IVT) the inputs to emission equations for which reporting is no longer 
required under the amendments. IVT will use these entered data to 
calculate the equation results, conduct electronic verification checks 
on the entered inputs to emission equations, and generate a 
verification summary that informs the EPA about the verification 
results without specifying the entered inputs to emission equations. 
IVT will not retain the entered inputs to emission equations, which 
will not be electronically accessible to the EPA during their entry or 
anytime thereafter. Instead, the EPA will rely on the verification 
summary, which will become accessible to the EPA after annual report 
submittal, and other follow-up verification procedures described in the 
proposed rule for conducting verification. Sources subject to multiple 
subparts under Part 98 are required to use IVT for only those subparts 
listed in Table 2 of this

[[Page 63756]]

preamble. Reporters must use IVT starting with reporting year 2014. A 
detailed description of IVT and these requirements is provided in the 
proposal preamble (78 FR 55994, September 11, 2013), the memorandum 
``Technical Approach and Design for Inputs Verification Tool,'' August 
2013 (refer to Docket ID No. EPA-HQ-OAR-2010-0929), and Section II.A.3 
of this preamble.
    The inputs to emission equations required to be entered into IVT 
are specified in the ``verification software records'' provisions in 
the recordkeeping section of each subpart specified in Table 2 of this 
preamble.
    Subpart C sources (e.g., individual units, aggregations of units, 
common pipes, or common stacks) that do not meet the following criteria 
have the option to use IVT or to report these deferred inputs to 
emission equations for which reporting was deferred to 2015: Contain at 
least one combustion unit connected to a fuel-fired electric generator 
owned or operated by an entity that is subject to regulation of 
customer billing rates by the public utility commission (PUC) 
(excluding generators connected to combustion units subject to 40 CFR 
part 98, subpart D) and are located at a facility for which the sum of 
the nameplate capacities for all such electric generators is greater 
than or equal to 1 megawatt electric output. For those sources who 
choose to report their inputs to emission equations, e-GGRT will 
require the reporters to waive the right to make confidentiality claims 
before they can be reported via e-GGRT.
2. Summary of Changes Since Proposal
    This section provides a brief summary of changes to the requirement 
to use IVT since proposal. The EPA's rationale for these changes is 
provided in Section II.A.3 of this preamble as part of the EPA's 
response to the related comment(s).
    The changes to the proposed requirement to use IVT are as follows:

     The EPA has revised one of the criteria in 40 CFR 
98.36(f) that specifies which stationary fuel combustion sources 
(e.g., individual units, aggregations of units, common pipes, or 
common stacks) subject to subpart C of part 98 are required to 
report inputs to emission equations for which reporting was deferred 
to 2015. At proposal, 40 CFR 98.36(f)(1) stated that the stationary 
combustion source contains at least one combustion unit connected to 
a fuel-fired electric generator granted access by the Public 
Utilities Commission to deliver power to the local or regional power 
grid (excluding generators that are connected to combustion units 
that are subject to subpart D of the part). In the final rule, this 
criterion is revised to state that the stationary fuel combustion 
source contains at least one combustion unit connected to a fuel-
fired electric generator that is owned or operated by an entity that 
is subject to regulation of customer billing rates by the public 
utility commission (excluding generators that are connected to 
combustion units that are subject to subpart D of the part).
     For sources that do not meet the criteria specified in 
40 CFR 98.36(f), the EPA has added an option in 40 CFR 98.3(d)(3)(v) 
and 40 CFR 98.36(a) to either elect to use IVT or, if potential 
disclosure is not a concern to the reporters, to report these inputs 
to emission equations. For reporting year 2014, if a subpart C 
source elects not to use IVT, the source is required to report their 
subpart C inputs to emission equations for which reporting was 
deferred to 2015 for reporting years 2010 through 2014 in the 
reporting year 2014 annual report. If this source is not required to 
use IVT for other subparts listed in Table 2 of this preamble, the 
source would not be subject to the extended recordkeeping 
requirements of 5 years.\9\
---------------------------------------------------------------------------

    \9\ If the source is required to use IVT for other subparts, the 
source must retain records for all subparts (including subpart C) 
for a period of 5 years.
---------------------------------------------------------------------------

     The EPA has revised the proposed amendments to 40 CFR 
98.5(b) to add an option for reporters subject to using IVT to enter 
an explanation into IVT in cases where IVT has produced a warning 
message for an entered data value (e.g., the value is outside the 
EPA's expected range), but the reporter believes that the data value 
is accurate as entered.
     The EPA has revised its method for specifying which 
inputs to emission equations must be entered into IVT. At proposal, 
40 CFR 98.5(b) indicated which inputs to emission equations must be 
entered into IVT by referring to equations specified in proposed 
Table A-8 of Part 98. In the final rule, the EPA identifies the 
inputs to emission equations that must be entered into IVT in a 
``verification software records'' provision in the recordkeeping 
section of each affected subpart. Therefore, proposed Table A-8 is 
not included in the final rule. Refer to Section II.C of this 
preamble for further discussion of these ``verification software 
records'' provisions.

    Additionally, in response to public comments, the EPA is making 
changes related to implementation of the alternative verification 
approach. These changes do not involve regulatory amendments to Part 
98, but do improve the design and use of the IVT and address questions 
and concerns raised by commenters. A summary of these changes follows.
    IVT Testing. The EPA will provide an opportunity well in advance of 
the March 2015 reporting deadline for stakeholders to test and provide 
feedback to the EPA on IVT for the 23 subparts addressed in this final 
action via a compliance assistance open testing period, or ``sandbox.'' 
Refer to Section II.A.3 of this preamble for a description of 
``sandbox'' testing and further discussion of this opportunity. The EPA 
encourages all stakeholders to participate in the sandbox testing 
because this testing will provide a valuable opportunity for reporters 
to preview and familiarize themselves with the new application for all 
applicable subparts before the open reporting period begins, typically 
in mid-February. The EPA intends to offer sandbox testing from October 
through December 2014, providing testing by subpart on a rolling basis. 
Participants who identify an error in IVT will have the opportunity to 
provide feedback to the EPA regarding their IVT testing experience. 
Such feedback will ensure a higher quality IVT for reporting in early 
2015 and subsequent years. For details on the sandbox testing, 
including a schedule of when testing will occur for each of the 23 
subparts, please see http://www.epa.gov/ghgreporting/reporters/training/inputs-verifier.html.
    IVT Design. In response to commenter input, the EPA has revised the 
IVT design to improve the ease of use and the efficiency of the data 
entry process, instructions, help screens, warnings, and error 
messages. Refer to Section II.A.3 of this preamble for further 
discussion of these revisions. See the EPA's comment response document 
in Docket ID No. EPA-HQ-OAR-2010-0929 for a list of all public comments 
regarding additional improvements to IVT and the EPA's responses, 
including revisions to address errors identified by commenters.
3. Summary of Comments and Responses
    This section provides a brief summary of the significant comments 
received in response to the proposed requirement to use IVT, and the 
EPA's responses. The EPA's comment response document in Docket ID No. 
EPA-HQ-OAR-2010-0929 provides a complete listing of all related 
comments and the EPA's responses.
    Comment: One commenter asserted that the verification approach that 
the EPA has used during the deferral period has been successful, is 
efficient, and should be adopted as EPA's permanent approach for 
verification, rather than requiring facilities to use IVT. The 
commenter asserted that, during this deferral period, verification 
checks have been conducted through e-GGRT on data that have been 
reported to the EPA. The commenter believes that while the EPA has 
identified reporting errors during these years, such concerns will 
become increasingly rare as reporters become more familiar with and are 
able

[[Page 63757]]

to streamline the reporting process. The commenter asserted that in 
situations where the EPA is not able to verify the data, the EPA can 
continue to follow-up with facilities. The commenter also asserted that 
the interim verification approach used by the EPA has strong parallels 
to other ``certification'' requirements that the EPA has long deemed 
sufficient to ensure compliance in similar circumstances. Finally, the 
commenter asserted that because the interim verification approach has 
been successful, the risk of entering CBI into an unproven system that 
has the potential to be insecure is not justified.
    Response: As the commenter notes, the EPA has been conducting 
verification checks using data other than inputs to emission equations. 
Although the checks to date gave us some confidence in the submitted 
data, the verification approach being finalized in this action allows 
for more precise checks to be conducted and therefore a more robust 
verification approach. Specifically, requiring that the inputs to 
emission equations (for which disclosure concerns were identified) be 
entered into IVT allows the tool to verify reported emissions by 
calculating the emission equation results as well as conducting 
verification checks on the entered inputs to emission equations. These 
checks are designed to ensure that calculations are performed correctly 
by the reporter and that appropriate data were used to calculate 
emissions. While the EPA agrees that over time, commenters will become 
more familiar with e-GGRT and IVT and the increased familiarity may 
help to reduce reporting errors, it is important that the Agency's 
verification process is as robust as it can be to ensure the accuracy 
of the submitted data. The verification approach finalized in this 
action will accomplish that goal while at the same time addressing the 
concerns regarding potential disclosure of sensitive information.
    Regarding the comment that the verification approach used during 
the deferral period is similar to ``other certification requirements 
that the EPA has long deemed sufficient to ensure compliance in similar 
circumstances,'' it is not clear which programs to which the commenter 
is referring. As the EPA stated in the memorandum ``Evaluation of 
Alternative Verification Approaches For Greenhouse Gas Reporting Rule 
Subparts for which Reporting of Inputs to Emission Equations was 
Deferred to March 31, 2015'' (EPA-HQ-OAR-2010-0929-0048), the EPA 
considered the verification approach used by the EPA's Toxics Release 
Inventory (TRI) program, which requires self-certification that the 
information reported is accurate, and includes electronic data checks 
and follow-up conducted by the EPA. However, the TRI is a different 
type of program than the GHGRP in that it does not require specific 
monitoring and calculation approaches, but rather requires that 
estimates be based on the best available information. In contrast, the 
GHGRP prescribes a set of specific calculation methods, or equations, 
for individual source categories, processes, and emission units, so 
that data collected from multiple facilities are consistent and 
comparable. Given the additional specification required by the GHGRP, 
the EPA concluded that the more precise checks that will be conducted 
by IVT are warranted.
    The EPA addresses the comment about IVT's security and the 
assertion that the system is unproven later in this section of the 
preamble.
    Comment: One commenter expressed concern regarding the language 
used in 40 CFR 98.36(f)(1), indicating that the language is vague and 
confusing. The commenter stated that the phrase ``granted access by the 
Public Utilities Commission (PUC) to deliver power to the local or 
regional electric power grid'' could result in confusion or overly-
broad reporting of CBI. The commenter explained that some jurisdictions 
impose only registration and other ministerial requirements on units 
granted access; whereas some jurisdictions ``engage in direct price and 
other regulation of vertically integrated and other utility operations 
that grant or restrict franchise rights.'' The commenter cautioned that 
it is not clear what level of regulation constitutes a ``grant of 
access'' under the rule, explaining that all units, regardless of type 
or regulatory regime, require ``access'' to a local or regional grid in 
some form to make off-site sales of power.
    The commenter recommended that the EPA avoid misinterpretation of 
40 CFR 98.36(f) by clarifying in the final rule that only units subject 
to regulation as ``public utilities under the laws and regulations of a 
given state'' (as opposed to those under other Federal regulations or 
not otherwise subject to State utility commission oversight of 
operations and rates as ``public utilities'') should be considered as 
having been ``granted access by the Public Utilities Commission to 
deliver power to the local or regional electric power grid.'' The 
commenter also stated that it is incorrect to assume that information 
provided to PUCs or similar institutions is also disclosed publicly, 
and that the EPA should clarify how it will address such information if 
the PUC treats that information as CBI or it is otherwise not available 
to the public.
    Response: For the reasons stated below, the EPA agrees that the 
proposed 40 CFR 98.36(f)(1) does not clearly define the combustion 
units that must report subpart C inputs to emission equations for which 
reporting was deferred to 2015. Proposed 40 CFR 98.36(f) specified 
that: (1) The stationary combustion source contains at least one 
combustion unit connected to a fuel-fired electric generator that has 
been granted access by the Public Utilities Commission to deliver power 
to the local or regional electric power grid (excluding generators that 
are connected to combustion units that are subject to subpart D of the 
part); and (2) The stationary fuel combustion source is located at a 
facility for which the sum of the nameplate capacities for all electric 
generators specified in paragraph (f)(1) of the section is greater than 
or equal to 1 megawatt electric output.\10\ As indicated in the 
memorandum, ``Evaluation of Competitive Harm from Disclosure of `Inputs 
to Equations' Data Elements Deferred to March 31, 2015,'' August 2013 
(refer to Docket ID No. EPA-HQ-OAR-2010-0929), the EPA had found no 
disclosure concerns for any combustion source meeting the proposed 
criteria in 40 CFR 98.36(f)(1), including combustion sources owned or 
operated both by power producers whose primary purpose is selling 
electricity and by power producers whose primary purpose is not selling 
electricity. It was the EPA's understanding at the time that both types 
of power producers are granted access to the grid by the PUC, that such 
grant requires that the associated consumer billing rates be regulated 
by PUCs and that, therefore, the power producers experience a high 
level of transparency due to the practice of the owner or operator 
disclosing fuel costs to the PUC through ratemaking procedures. Based 
on the above understanding, the EPA had concluded that releasing these 
data would not reveal any proprietary information about facility or 
process performance, design, and operation; cost to do business; raw 
material usage; or production.
---------------------------------------------------------------------------

    \10\ We received no comment on the proposed criterion (2), and 
we are therefore finalizing that criterion as proposed.
---------------------------------------------------------------------------

    In light of the comment above, the EPA further investigated the 
reporting obligations of the owner or operators of power producers to 
PUCs. Based on these investigations, the EPA established that the PUC 
does not

[[Page 63758]]

typically grant access to the grid, but sometimes requires utilities to 
grant other power producers access to the grid. The EPA recognized that 
not all power producers that are granted access to the grid are subject 
to regulation of rates by PUCs, and therefore some of these power 
producers do not experience the high level of transparency that would 
be associated with the disclosure of fuel costs to the PUC through 
ratemaking procedures. As a result, the EPA cannot conclude that there 
would be no disclosure concerns associated with the release of these 
data for power producers based on their connectivity to the grid, given 
that some power producers connected to the grid are not subject to 
regulation of rates by the PUC. The new understanding and resulting 
harm analysis described above are also reflected in the memorandum 
``Final Evaluation of Competitive Harm from Disclosure of `Inputs to 
Equations' Data Elements Deferred to March 31, 2015,'' September 2014 
(refer to Docket ID No. EPA-HQ-OAR-2010-0929). Given that the EPA found 
no disclosure concerns with respect to those power producers subject to 
regulatory oversight of consumer billing rates by a PUC, the EPA has 
changed proposed 40 CFR 98.36(f)(1) in the final rule to more clearly 
and accurately describe the combustion units that must report as those 
units owned or operated by an entity that is subject to regulation of 
customer billing rates by the public utility commission. Power 
producers subject to regulatory oversight of consumer billing rates by 
a PUC include investor-owned utilities (IOUs) (i.e., the most common 
type of utility regulated by PUCs), non-utility generators, and 
consumer-owned utilities (COUs) that are subject to regulation of 
customer billing rates by a PUC. Because industrial plants that 
generate electricity are not subject to regulation of customer billing 
rates by a PUC, power producers owned or operated by industrial plants 
would not meet this revised reporting criterion in 40 CFR 98.36(f)(1).
    The commenter recommended replacing the proposed language ``granted 
access by the PUC to deliver power to the grid'' with ``subject to 
regulation as a public utility under the laws and regulations of a 
given state.'' The terminology ``public utility'' could be interpreted 
to refer only to COUs, which are sometimes called ``public power,'' but 
excluding IOUs, which would not be appropriate because IOUs are subject 
to regulatory oversight of consumer billing rates by a PUC and 
therefore experience a high level of transparency. Also, the 
commenter's suggested phrase ``under the laws and regulations of a 
given state'' could be interpreted as meaning any state law or 
regulation, regardless of whether they are associated with PUCs. Given 
that virtually all facilities generating electricity are governed to 
some degree by other state laws and regulations, and those regulated by 
the PUC might not be regulated for ratemaking purposes, this suggested 
text would expand the reporting requirement beyond those facilities 
subject to regulation of rates by the PUC, which is the basis for our 
finding of transparency. Accordingly, the EPA has determined that the 
rule text suggested by the commenter was overly broad. The EPA has 
determined that the text ``owned by an entity subject to regulation of 
customer billing rates by a public utility commission'' more accurately 
describes the power producers for which we found no disclosure concerns 
and therefore must report the subpart C inputs to emission equations 
for which reporting was deferred until 2015.
    The EPA agrees with the comment that not all information that is 
provided to PUCs may necessarily be made available to the public; 
however, the EPA believes that power producers subject to regulation of 
rates by PUCs generally experience a high level of transparency. The 
EPA has received no comment refuting the high level of transparency or 
stating that there are disclosure concerns associated with these 
subpart C inputs to emission equations. The final criterion (``subject 
to regulation of customer billing rates by PUCs'') was formulated to 
capture power producers that are utilities in states with so-called 
``regulated'' electricity markets. In these states, power producers are 
generally owned by vertically integrated utilities, which operate as 
monopolies and sell power to customers at rates that are established 
through PUC proceedings. Given this monopolistic market for power 
producers subject to regulation of rates by PUCs, the EPA does not 
identify any disclosure concerns with reporting the inputs to emission 
equations in subpart C for reporters that meet the final criterion. In 
contrast, in ``deregulated'' or ``restructured'' states that have 
unbundled generation and delivery, independent power producers may 
compete to sell electricity, which is then delivered through a 
regulated distribution utility. These independent producers are not 
subject to PUC ratemaking procedures, and they will therefore not be 
required to report subpart C inputs to emission equation data for their 
combustion units. For the reasons stated above, the EPA concludes that 
clarifying the scope of the criteria to be those power producers that 
are subject to regulation of customer billing rates by PUCs accurately 
specifies facilities identified as having no disclosure concerns with 
the release of these data.
    Specifically, the final 40 CFR 98.36(f) provides the following 
criteria to indicate which stationary fuel combustion sources (e.g., 
individual unit, aggregation of units, common pipe, or common stack) 
must report their inputs to emission equations for which reporting was 
deferred to 2015: (1) The stationary fuel combustion source contains at 
least one combustion unit connected to a fuel-fired electric generator 
owned or operated by an entity that is subject to regulation of 
customer billing rates by the public utility commission (excluding 
generators that are connected to combustion units that are subject to 
subpart D of the part); and (2) The stationary fuel combustion source 
is located at a facility for which the sum of the nameplate capacities 
for all electric generators specified in paragraph (f)(1) of the 
section is greater than or equal to 1 megawatt electric output. For any 
stationary fuel combustion source subject to subpart C that does not 
meet these criteria, the final rule provides an option for the source 
either to use IVT starting in reporting year 2014 or to report these 
data to the EPA, including reporting the data specified in revised 
Table A-7 for reporting years 2010 through 2013.\11\ Refer to the 
comment summary and the EPA's response immediately following this 
response for further discussion about this new option.
---------------------------------------------------------------------------

    \11\ As discussed above, the e-GGRT will require that such 
reporter waive any confidentiality claim for its facility's inputs 
to emission equations before such data can be entered into e-GGRT.
---------------------------------------------------------------------------

    Comment: Three commenters asserted that the EPA not require them to 
use IVT. They asserted that reporters under subpart HH (municipal solid 
waste landfills) have not expressed disclosure concerns regarding 
inputs to equations during comment periods for previous rulemakings, 
and that the proposal did not take this into consideration as it did 
not include an option to allow reporters to submit data to the EPA 
rather than use IVT. They further asserted that under the proposal, 
they would be required to use IVT for only a single equation input 
(quantity of fuel combusted under subpart C, Tier 1), and that the 
burden to their industry associated with use of IVT is not warranted, 
given that the single

[[Page 63759]]

equation input is associated with less than 1 percent of reported GHG 
emissions from the industry. The commenters expressed concern that 
imposing the proposed requirements associated with IVT on landfills 
would be burdensome, and indicated that they would be willing to report 
the single data element to the EPA. They recommended that the EPA 
exclude Tier 1 reporters from being required to use IVT.
    Response: The IVT requirements in the final amendments for subpart 
C, which covers a wide range of industries, address disclosure concerns 
identified for certain ``inputs to emission equations'' data elements. 
However, these commenters expressed that they do not have disclosure 
concerns with their fuel use data, the single input required for Tier 1 
reporting under subpart C. For these commenters who are not concerned 
with reporting their fuel use quantity under subpart C, the EPA sees no 
reason to insist that they use IVT instead of reporting such data. In 
addition, the fact that these commenters have not identified disclosure 
concerns with any inputs to equations suggests that it is likely that 
landfills using other subpart C calculation methods besides Tier 1 may 
similarly prefer to report inputs to emission equations data elements 
under subpart C instead of using the IVT. Further, given the wide range 
of industries reporting under subpart C, it is possible that there are 
other industries that do not have disclosure concerns with fuel 
quantity and other equation inputs for subpart C calculation methods. 
For any such subpart C reporter, the EPA similarly sees no reason to 
insist that it use IVT instead of reporting such data. Accordingly, the 
EPA is revising 40 CFR 98.36 to make it optional for subpart C sources 
that do not meet the criteria for electric generators in 40 CFR 
98.36(f) \12\ to use IVT. As such, under the final rule, a subpart C 
reporter, except for those meeting the criteria of 40 CFR 98.36(f), who 
does not have disclosure concerns for the subpart C inputs to emission 
equation data elements may waive confidentiality claims and report such 
data instead of using IVT. Before e-GGRT will accept entry of these 
inputs to emission equations data, it will require that the reporter 
waive confidentiality claims of such data.
---------------------------------------------------------------------------

    \12\ Sources meeting the criteria in 40 CFR 98.36(f) must report 
their subpart C inputs to emission equations that were deferred from 
reporting until 2015.
---------------------------------------------------------------------------

    If a subpart C source elects to report these data for reporting 
year 2014, the source is required to report these data for reporting 
years 2010 through 2013 as part of the reporting year 2014 annual 
report. If a source elects to use IVT in reporting year 2014, and then 
the source elects in a future year to report these data, the reporter 
will not be obligated to report these data for any prior year.
    Comment: Six commenters recommended that the EPA allow reporters 
time to test IVT prior to the start of reporting for reporting year 
2014, using a fully functional ``sandbox'' testing environment similar 
to that used previously for e-GGRT testing. These commenters urged the 
EPA to allow sandbox testing for each affected subpart, arguing that 
the subpart X prototype developed for commenter review at proposal 
allowed them to review only the design and functionality of the 
prototype for subpart X. They stressed that additional testing is 
necessary to ensure IVT works for all affected subparts. Two commenters 
noted that sandbox testing would allow errors in the software to be 
found and corrected prior to implementation. Commenters also noted that 
sandbox testing of each subpart would enable them to determine whether 
IVT calculates emission equation results correctly and stated that 
sandbox testing would provide an opportunity for reporters to compare 
results of the calculations in IVT against the values calculated using 
the optional calculation spreadsheets. Other commenters requested 
sandbox testing because it would allow them to review and comment on 
the verification ranges incorporated in IVT. One commenter stated that 
testing could provide important information that may result in 
improvements to IVT that obviate the need for reporters to over-ride 
error messages. Other commenters expressed concern about protection of 
CBI and concluded that rigorous testing of each affected subpart is 
critical to ensuring confidential data are protected.
    Four commenters recommended that the EPA allow sandbox testing of 
the XML version of IVT. These commenters noted that the pilot IVT 
provided very limited testing for reporters using the XML option. They 
noted that the testing was limited to only one subpart, that only one 
sample XML file was provided for testing, and that the EPA did not 
provide the XML schema. Two commenters requested that the EPA provide 
additional time for reporters to review and test the XML IVT for each 
subpart. The complexity of the XML option, they argue, makes thorough 
testing of any XML schema essential.
    Eight commenters asserted that the pilot tool available during the 
comment period for the subpart X mass balance methodology was too 
limited, and as a result provided limited value in assessing the burden 
of the tool for the other methodologies and subparts that would be 
required to use the tool. Two of these commenters noted that because 
subpart X has different inputs to equation data elements and equations 
than other subparts, they were unable to provide adequate feedback on 
the tool during the comment period. Two of these commenters suggested 
that the EPA develop a pilot reporting tool for their subpart of 
interest, and re-propose the verification tool for that subpart to 
provide ample opportunity to provide public comment on the burden 
associated with the use of the tool. Three of these commenters asserted 
that because the pilot testing for subpart X was limited to the mass 
balance methodology, it provided limited value to assess the ease of 
use and burden of the tool for the other methodologies within subpart 
X.
    Two commenters indicated that reporters need more time in 2015 to 
complete their annual reports than in previous years. One commenter 
stated that in the past, the EPA has provided industry just a handful 
of weeks before the reporting deadline to update all of its data 
systems, input all of its data into e-GGRT, correct any errors, 
complete internal reviews of the reports, and to submit the reports. 
The commenter noted that the short timeframe was extremely challenging 
in past years. Both commenters indicated that it would be unacceptable 
for the EPA to provide another short timeframe in 2015, considering the 
new requirements to back-report 2010 through 2013 data and use the new 
IVT. One commenter requested that the inputs verification tool be fully 
functional by January 1, 2015 to allow reporters to undergo the 
required software development so that their systems accurately ``sync'' 
with the new version of e-GGRT. The commenter suggested that the EPA 
include language in Subpart A to indicate that for each day past 
January 1, 2015 that the upgraded e-GGRT is not available, the 
reporting deadline will be extended by one day.
    Response: During the public comment period, the EPA provided a 
subpart X prototype for testing and comment. This prototype allowed 
reporters to review the overall design, structure, and functionality of 
IVT, which applies to all subparts that are to use the tool. It was not 
necessary to have a prototype for every subpart during the open comment 
period because the overall design of IVT is the same irrespective of 
the specific methodologies, or

[[Page 63760]]

equations, in each subpart. Specifically, the tool demonstrated the 
following functions that apply to all subparts that are to use the 
tool: How IVT functions within e-GGRT, how to navigate from e-GGRT to 
IVT and vice versa, how inputs are entered into IVT, how IVT calculates 
equation results based on the inputs to emission equations entered, how 
an emission equation result calculated in IVT is transferred to the 
annual reporting form in e-GGRT, how the reporter may override an 
emission value calculated by IVT, how the results of the verification 
checks conducted in IVT appear in the verification summary, how a 
reporter may enter inputs to emission equations into IVT over multiple 
e-GGRT sessions without having to start over each time the reporter 
logs out of e-GGRT (by saving them on their local computer), and how to 
use the XML bulk upload feature rather than using webforms. Reporters 
were also able to generate the list of inputs entered into IVT that 
must be kept as a record, view the format of the records file created, 
and test the downloading of the records file for recordkeeping 
purposes. These features that were available for testing represent all 
of the key functions of IVT. Comments on any of the above features 
received during the public comment period would apply to all subparts 
that are required to use IVT and not just the subpart X prototype. The 
feedback assisted the EPA in determining improvements to the design and 
functionality of IVT for all subparts with the IVT requirement.
    Although providing IVT for all subparts during the comment period 
was not necessary, the EPA agrees with the commenters that both the EPA 
and reporters would benefit from the opportunity to test IVT for all 
applicable subparts prior to the beginning of reporting for reporting 
year 2014. Accordingly, the EPA will offer reporters an opportunity 
prior to the beginning of the reporting year 2014 open reporting period 
(which is typically in mid-February) to view and provide feedback on 
the IVT modules for all 23 subparts listed in Table 2 of this preamble. 
The EPA will use a sandbox testing environment similar to that used 
previously for e-GGRT testing. The EPA intends to offer sandbox testing 
from October through December 2014, providing testing by subpart on a 
rolling basis. For details on the sandbox testing, including a schedule 
of when testing will occur for each of the 23 subparts, please see 
http://www.epa.gov/ghgreporting/reporters/training/inputs-verifier.html. We are confident that this sandbox testing period will 
provide reporters the time needed to sync their systems with IVT prior 
to the open reporting period for reporting year 2014, and submit their 
reports by March 31, 2015.
    As previously provided for in the 2010 sandbox for testing of e-
GGRT, the sandbox environment for IVT will provide participants an 
opportunity to try IVT functions for all 23 subparts, including 
navigating between IVT screens, entering data, testing the XML 
uploading option (saving XML files to local drives, and uploading XML 
files to IVT), checking the built-in calculation algorithms, and 
accessing Help content. Participants will be assigned a test facility 
for which they will be able to enter mock data for any IVT subpart 
module they wish to test.
    Sandbox participants may notify the EPA should they identify an 
error, bug, or technical glitch in IVT. The EPA plans to conduct 
extensive testing to ensure that IVT calculates the emissions correctly 
for all subparts; however, should any calculation or other subpart-
specific errors remain, these can be detected during the sandbox period 
and addressed prior to the open reporting period. Because extensive 
internal testing will have been conducted prior to the compliance 
assistance ``sandbox'' being made available, the EPA does not 
anticipate major issues during the sandbox period that cannot be 
addressed prior to the open reporting period.
    Regarding the comment that additional time is needed due to the 
back-reporting of a significant amount of information, the EPA notes 
that, with the exception of subpart W, only a handful of inputs to 
equations in each subpart must be back-reported for years 2010 through 
2013 (i.e., reporters typically will have no more than 10 inputs to 
equations in each of these subparts to report for these years.) 
Further, as discussed above, because the system will have gone through 
extensive testing followed by an IVT sandbox period for reporters to 
sync their systems with IVT before it is opened for reporting, we are 
confident that the reporters will have sufficient time to submit their 
reports, including back reporting a small number of inputs for 
reporting years 2010 through 2013. For subpart W, which has a 
substantial number of inputs to be back-reported to the EPA for these 
years, the EPA plans to use a spreadsheet to collect this data, and 
anticipates publishing the spreadsheet in October 2014. This will allow 
facilities to begin data entry into the spreadsheet prior to the open 
reporting period. The spreadsheet can then be uploaded to e-GGRT during 
the open reporting season. Refer to Section II.B.1 of this preamble for 
a discussion of the timing of entering inputs to emission equations for 
reporting years 2011 through 2013 for subpart W. In light of the 
extensive testing and the sandbox period, which will allow reporters to 
sync their systems with IVT prior to the open reporting period, and the 
EPA's plans to make the subpart W spreadsheet for 2010 through 2013 
available in October, we have determined that the typical reporting 
period of approximately six weeks is sufficient.
    As requested by commenters, sandbox participants may provide input 
on the ranges that the EPA has identified for the reasonable range 
verification checks on the inputs entered into IVT. As is the case for 
all expected range checks used as part of the electronic verification 
process, the EPA will set initial ranges and will continually refine 
ranges as additional information is obtained. Should the EPA receive 
feedback on expected range checks during the sandbox period, the EPA 
will review the feedback and adjust the ranges prior to the open 
reporting period as appropriate. Also, as is the case for all expected 
range checks conducted in e-GGRT, the reporter may enter any value into 
IVT regardless of the reasonable range. The expected ranges are not 
used by the EPA as a final determination regarding data quality or 
compliance; rather, they are used as a first step of the verification 
process and are further investigated. Finally, as is discussed in more 
detail later in this section of this preamble, during the reporting 
process, the reporter will have the opportunity to add a comment to the 
EPA associated with individual verification warnings in IVT. As a 
result, if reporters feel that an explanation is needed as to why a 
particular range was exceeded or that the range within IVT needs to be 
adjusted, they may do so as part of the annual reporting process.
    Regarding the comments on the XML upload reporting option, the EPA 
notes that during the public comment period, we published an XML schema 
for the IVT prototype, as well as two sample files to be used with the 
prototype, an XML Inputs Verifier file and an XML Annual Report File. 
The sandbox that will be available for IVT will also include this XML 
upload reporting option. For subparts with XML reporters, the EPA will 
provide the XML schema for the inputs to equations data entered into 
IVT and example XML files to use for testing the XML upload approach. 
The EPA agrees that changes to the XML schema need to be

[[Page 63761]]

thoroughly tested, and the EPA plans to do so prior to releasing the 
XML schema for e-GGRT and IVT.
    The EPA disagrees with the comments that the pilot verification 
tool provided at proposal for the mass balance methodology in subpart X 
was of limited value for assessing the burden of use for other 
methodologies and subparts required to use IVT. As discussed in detail 
above, the overall design of the IVT is the same irrespective of the 
differences in methodologies and subparts. Accordingly, the subpart X 
prototype allowed reporters to review the overall design, structure, 
and functionality of IVT for all subparts that are to use the tool. 
Based on their experience with the subpart X prototype, reporters may 
assess the burden associated with other subparts by comparing the 
number and complexity of equations in other subparts to the equations 
in subpart X. Further, in the proposed Impacts Analysis, ``Assessment 
of Cost Impacts of 2015 Inputs Proposal--Revisions to Reporting, 
Recordkeeping, and Verification Requirements Under the Greenhouse Gas 
Reporting Program,'' August 2013 (available in the EPA's Docket ID No. 
EPA-HQ-OAR-2010-0929), the EPA stated that the burden for entering 
inputs to equations into IVT is no different than it would be to enter 
them into e-GGRT for reporting to the EPA. The EPA did not receive 
comments on the proposed Impacts analysis. For the reasons stated 
above, we do not believe that it is necessary to re-propose the tool 
with all subparts to provide an opportunity to comment on the burden of 
using the tool for all subparts, as suggested by several commenters. 
Refer to the next comment and response for additional detail on the 
specific comments provided to the EPA on IVT design and functionality 
and how the EPA is addressing those comments.
    Regarding the comment that rigorous testing of each affected 
subpart is critical to ensuring that data are adequately protected, 
refer to comments and responses later in this section on how the EPA is 
ensuring that inputs entered into IVT are not retained by the EPA.
    Comment: Many commenters provided useful suggestions for 
improvements to IVT. For example, some commenters recommended IVT 
include functions that allow reporters to automatically populate web 
form fields in situations where the data are reported on a recurring 
basis (e.g., weekly, monthly, etc.) and are likely to remain constant 
over time. Other commenters recommended IVT allow data to be copied 
from external spreadsheets or other data files instead of being entered 
individually into IVT. These commenters noted that this approach would 
save time and avoid unnecessary transcription errors. Three commenters 
recommended that IVT flag any data entry errors related to the data 
being outside an acceptable range directly following data entry, rather 
than on a separate screen. One of these commenters requested that IVT 
should provide more information regarding the error triggered (e.g., 
whether the entered data are above or below the expected range). These 
commenters stressed that alerting reporters to errors at the moment of 
data entry would help reporters identify errors more quickly. Three 
commenters recommended an additional comment field be added to IVT that 
allows reporters to respond to IVT error messages. They maintained that 
this approach would streamline the verification process and save time 
for both the EPA and reporters by potentially avoiding follow-up after 
the report has been submitted to the EPA.
    Response: The EPA has reviewed the commenters' suggested 
improvements to IVT and, with the exception of one suggestion described 
below, has incorporated these improvements in IVT. The EPA agrees with 
the suggestion that reporters should have the ability to automatically 
populate web form fields in situations where the data required to be 
entered were collected on a recurring basis (e.g., weekly, monthly, 
etc.). For example, in subpart X, for the gas stream entry fields, 
reporters will be able to automatically populate the monthly carbon 
content and molecular weight of the feedstock with the first month's 
values since those values may remain constant in many cases. The EPA 
anticipates that this change in IVT will improve the efficiency of the 
data entry process and reduce chances for errors associated with manual 
entry. Regarding the recommendation to allow data to be copied from 
external spreadsheets or other data files instead of being entered 
individually into IVT, the EPA agrees with commenters that this 
capability would reduce burden and errors associated with manual data 
entry. For each data element for which the reporter is required to 
enter values collected at a frequency greater than monthly, the EPA is 
providing an off-line tool to convert spreadsheets to the XML input 
format, for use with IVT.
    The EPA has evaluated commenters' concerns regarding the flagging 
of data errors when they are entered into IVT. As discussed in the 
proposed rule, IVT provides ``real-time'' checks as data are entered 
into IVT, similar to checks in e-GGRT. The results of these checks, 
called validation messages in IVT, will be easily accessible within e-
GGRT at the time of entry. Although such warnings will be on a separate 
screen, there are direct links to such screens to ensure that it is 
easy to navigate to IVT to revise data as needed. This is the same for 
all validation checks that are currently conducted and displayed within 
e-GGRT for all reporters. Although we recognize the potential 
usefulness of this suggestion, this type of design change would require 
a significant amount of resources, and cannot be done prior to the 
reporting period for reporting year 2014. The EPA is always open to 
making changes to e-GGRT and IVT over time, and may consider whether it 
is feasible to show validation messages on the same screen on which the 
data are being entered and, if so, whether to make such adjustment in 
IVT.
    The EPA agrees with commenters that IVT should provide more 
information regarding the error triggered (e.g., whether entered data 
are above or below the expected range). Accordingly, in response to 
these comments, IVT will include an ``out of range'' message in the 
verification summary that indicates the range being used for each data 
element entered as well as whether the value entered was above or below 
the range. We anticipate that this additional information will make the 
verification process more efficient by reducing the amount of follow-up 
required for verification.
    Finally, the EPA has considered commenter recommendations for 
addition of a comment field allowing reporters to respond to IVT error 
messages, explaining why a potential error may not be an error, such as 
when an entered equation input is found to be out of range or has 
otherwise triggered a message on the verification summary. The EPA 
recognizes that, in some cases, reporters may have inputs to emission 
equations that are legitimately outside of identified ranges due to 
unique circumstances. In cases such as these, we agree with commenters 
that this option will reduce the amount of follow-up required of the 
EPA and reporters. As such, we have implemented this change in IVT.
    Comment: Eight commenters raised security concerns regarding data 
entered into IVT. These commenters wanted additional information on how 
IVT would protect sensitive data and assurances that the data would not 
be inadvertently disclosed. One commenter stated that the security of 
IVT was particularly important to facilities that are required to 
comply with certain U.S.

[[Page 63762]]

export control requirements. Four commenters were concerned about 
security during the period of transient storage while the user is 
logged into IVT of data. Some commenters asked for clarification on 
where the data will reside during this period, while other commenters 
wanted the EPA to demonstrate that data would only be stored 
temporarily and that no data would be retained during a system crash. 
Some commenters wanted additional information about who would have 
access to the data during this transient storage of the data. One 
commenter wanted the EPA to confirm that data with disclosure concerns 
entered into IVT would not be accessible to EPA personnel. Two 
commenters were concerned that outside vendors would have access to 
data in the transient storage area. Three commenters were concerned 
about the security of data transmitted over the Internet. Two 
commenters were concerned that data could be intercepted during 
transmission by proxy servers and that data may still be stored in 
these proxy servers after the session ends. One commenter expressed 
concern that use of XML files to input data into IVT raises security 
concerns because the format is easily readable, containing the 
definitions needed to decipher the data values. This commenter was also 
concerned that malicious or inadvertent HTML codes can be inserted into 
XML files thereby causing other security vulnerabilities. Other 
commenters wanted the EPA to confirm that IVT will not submit 
confidential information over the Internet.
    Response: IVT is designed to operate securely within e-GGRT, as a 
transient process, such that data entered into IVT would be temporarily 
housed in the IVT system while the reporter is actively using IVT. The 
IVT system is designed so that entered inputs data are placed only in 
session (server memory). The entered inputs will not be saved to the 
underlying EPA database, nor will they be saved to the server's file 
system. The EPA has taken the following steps to ensure that inputs 
data are not mistakenly appended to data that are saved (e.g., when 
saving validation and verification summary records to the database) and 
to ensure that information saved to the server logs does not contain 
user-entered inputs data. IVT has not been configured to use the 
server's file system to temporarily save files. Instead, IVT is 
configured only to use memory for transient housing of inputs data 
while the reporter is actively using IVT. This configuration applies to 
inputs data entered into IVT webforms or data uploaded from a local 
`inputs' file through the IVT webforms, as well as inputs data uploaded 
through the XML upload process. As with data entered through the 
webform, IVT will not save uploaded XML files to the underlying EPA 
database or to the server's file system, but will only retain the data 
in server memory for the duration of the session. Uploaded XML files 
will be validated against a published schema definition (i.e., 
published document prescribing the required format of the file), so in 
many cases XML files containing ``malicious or inadvertent HTML codes'' 
would be rejected by the system as not being well-formed. If 
``malicious or inadvertent HTML codes'' were inserted into an XML in a 
manner that did not render it invalid, the file would be rejected by a 
process that inspects uploaded files for script tags. Therefore, the 
system is not vulnerable to any potential HTML code appended to these 
files. The entered inputs to emission equations are then erased when 
the user's session with e-GGRT ends.
    Regarding the comments that unauthorized persons may be able to 
access data that are temporarily in session while the reporter is 
actively using IVT and the concerns with transmission of data over the 
Internet and potential data interception, the EPA complies with the 
strict security procedures and guidance governing access to federal 
data servers established by the National Institutes of Standards and 
Technology (NIST) and in accordance with the Federal Information 
Security Management Act of 2002 (FISMA). All EPA information systems 
must meet the security requirements defined in the NIST Special 
Publication 800-53.\13\ Adherence to the NIST Federal Information 
Systems requirements are intended to protect EPA information systems, 
including e-GGRT, from a diverse set of threats including hostile 
cyber-attacks, natural disasters, structural failures, and human 
errors. As such, the program keeps a security plan up to date and 
conducts annual reviews of the security controls. Furthermore, in order 
to address the security concerns noted by the commenter regarding 
unauthorized access to data while it is in session on the server, the 
EPA has identified an additional security layer beyond the NIST 
requirements to encrypt the transient session data used by the server 
while the reporter is actively using IVT. The session data will be 
encrypted with a key unique to that user's session. As a result, the 
EPA has concluded that this suite of protections is sufficient to 
address concerns raised regarding the possibility of unauthorized 
persons accessing data in the transient housing area while the reporter 
is actively using IVT.
---------------------------------------------------------------------------

    \13\ http://csrc.nist.gov/publications/PubsSPs.html.
---------------------------------------------------------------------------

    Regarding the comments expressing concern over transmission of data 
over the Internet and potential data interception, the inputs data 
entered by a reporter in the web form are encrypted via Transport Layer 
Security (TLS) security protocol. TLS is a standard security protocol 
providing an encrypted link between the client (the user's browser) and 
the EPA's servers. TLS encryption ensures that entered data are secure 
from the browser to the EPA server. Normal Internet HTTP communication 
sends data between the client and the server in plain text. Application 
of the TLS protocol to HTTP communication (HTTPS) will ensure that the 
inputs data are encrypted rather than in plain text while in transit. 
TLS encryption ensures that data are completely secure from the user's 
browser to the e-GGRT servers. Although data are transferred over the 
Internet through proxy servers, due to TLS encryption, the inputs data 
would never be in plain text and could not be deciphered by 
intermediate or proxy servers. TLS is the standard security protocol 
used to protect the transfer of many types of sensitive data, including 
credit card numbers, banking data, and similar information requiring 
maximum protection. The EPA does not use proxy servers for its e-GGRT 
database, but relies completely on dedicated server space at the 
National Computer Center. Therefore, TLS termination takes place only 
on secured e-GGRT servers. The EPA will always use these secure servers 
(identified with the ``https'' prefix), which identify that the TLS 
security protocol is applied, and IVT will not incorporate inputs to 
emission equations data into URLs. This also applies to data 
transferred through XML upload. XML data uploaded by a user will also 
be encrypted via TLS security protocol and will not be in plain text 
while in transit. If intercepted while in transit, the XML data would 
be encrypted and therefore indecipherable. These encrytion procedures 
will protect data as they are transferred between the client's browser 
and the EPA's servers.
    IVT is also designed to protect data in the instance of a system 
malfunction. In the event of a system crash, all session data are lost, 
including the session key that would be capable of decrypting that 
data. There are no processes in place to save any information during a 
system crash. Therefore, if a reporter enters data

[[Page 63763]]

into IVT and the IVT system malfunctions, the reporter's data are not 
stored in any way and cannot be recovered.
    Regarding an earlier comment that IVT is an unproven system, the 
EPA disagrees with this comment. The EPA designed a prototype to 
demonstrate the functionality of the tool. As stated earlier in this 
preamble, this prototype allowed reporters to review the overall 
design, structure, and functionality of IVT, which applies to all 
subparts required to use the tool. For additional information on this 
topic, please see the discussion earlier in this preamble on the 
prototype and ``sandbox'' testing.
    In summary, the EPA has taken several steps to add safeguards and 
to build multiple security ``layers'' into the system to prevent 
release of the data as they are transmitted to the EPA's servers and 
temporarily housed while the user is actively using IVT, but are not 
retained in the server memory after the user's e-GGRT session ends. The 
EPA is confident that the described security procedures will adequately 
protect the data entered into IVT.
    Comment: Six commenters stated that they consider equation input 
data required to be entered into IVT to be CBI and expressed concern 
that the EPA has not gone far enough to legally protect these data from 
public disclosure. Four commenters described how these data meet the 
five-part criteria specified in 40 CFR 2.208 for confidential 
treatment. The commenters asserted that the EPA recognized in its 
proposed rule that these data are entitled to protection from public 
disclosure. The commenters questioned why, given this recognition, the 
EPA has not afforded these data CBI protection under the CAA. Two 
commenters questioned why the EPA was silent in its proposal as to 
whether these data are to be afforded CBI protection, instead focusing 
on revising reporting and recordkeeping requirements for these data.
    Five of the commenters referred to a continued risk associated with 
the proposed verification approach that equation inputs entered into 
IVT will be available to the public or subject to disclosure under the 
CAA. Four commenters noted that section 114(c) requires that the EPA 
must provide ``emission data'' to the public, if requested. One of 
these commenters described the continued risk as related to the EPA's 
inspection of facility records, indicating that the EPA did not include 
provisions in the proposal explaining whether or how records of 
equation input data entered into IVT are to be afforded CBI protection 
or otherwise protected from public disclosure as a result of Agency 
review of records. The commenter further stated that the proposed rule 
does not set forth a requirement that the EPA can access these data 
only through an official enforcement-related action that might afford 
the information privileged status and provide some security from public 
release, nor, according to the commenter, are there provisions to 
ensure that non-enforcement staff or EPA contractors cannot access the 
data and inadvertently release these data or otherwise render the 
information unprotected.
    Three commenters further expressed concern that by retaining any 
residual risk of disclosure of equation input data entered into IVT, 40 
CFR part 98 could potentially subject reporters to antitrust liability. 
The commenters explained that equation input data required to be 
entered into IVT include cost- and output-related information that is a 
significant determinant of prices, including information regarding fuel 
production and distribution, which provides details about plant 
operations and inputs, nature, and location of sources.
    The six commenters contended that the EPA must take further steps 
to address the remaining ``residual risk'' of disclosure under the CAA 
of equation input data required to be entered into IVT. Five of the 
commenters urged the EPA to provide CBI protection to equation inputs 
entered into IVT. Four of the commenters urged the EPA to address their 
concerns about disclosure by explicitly stating in the final rule that 
data entered into IVT qualify for confidential treatment under the 
EPA's regulations and should not be deemed ``emission data.'' One 
commenter requested that the EPA address their concerns about 
disclosure by including in the final rule language expressly 
recognizing the CBI status of these data. One commenter urged the EPA 
to further address concerns about the residual risk of disclosure by 
clarifying, in the preamble to the final rule, that equation input data 
entered into IVT remain at all times in the possession of the company 
entering the data and thus are not subject to disclosure under any 
other Federal law as a result of entry into IVT.
    Response: As explained below, the EPA has not determined either in 
this rulemaking or any other final action that the equation input data 
entered into IVT are entitled to CBI protection. The EPA previously 
amended Part 98 to defer the reporting of inputs to emission equations 
data elements to allow the Agency time to evaluate concerns raised by 
some reporters regarding potential public disclosure of some of these 
data elements and to take appropriate action (76 FR 53057, August 25, 
2011). The four-step evaluation, which was designed to inform the 
Agency whether and what further action may be appropriate, includes 
discussions of potential disclosure scenarios as well as consideration 
of alternative emission calculation and verification methods.\14\ The 
evaluation does not include establishing confidentiality status for any 
data that the EPA assigns to the inputs to emission equations category. 
Any such determination must be made in accordance with the CAA and the 
EPA's implementing regulations under 40 CFR part 2, subpart B. Based on 
the evaluation,\15\ we had proposed, and are now taking final action, 
to replace the requirement to report certain inputs to emission 
equations by 2015 with a requirement to enter these data into IVT. 
Although the final rule addresses potential disclosure concerns with 
respect to certain inputs by providing an alternative verification tool 
(i.e., IVT) instead of requiring reporting of these inputs, it does not 
include final confidentiality determinations for any equation input 
data required to be entered into IVT, nor has the EPA stated anywhere 
in the rulemaking record that such data are entitled to CBI protection. 
The EPA therefore has not concluded that any such data (inputs to 
emission equations) are entitled to CBI protection.
---------------------------------------------------------------------------

    \14\ For a description of the evaluation process, please see the 
memorandum titled ``Process for Evaluating and Potentially Amending 
Part 98 Inputs to Emission Equations'' (Docket ID No. EPA-HQ-OAR-
2010-0929).
    \15\ The results of the evaluation were documented in the four 
following memoranda available in the EPA's Docket ID No. EPA-HQ-OAR-
2010-0929: ``Evaluation of Public Availability of Inputs to Emission 
Equations for which Reporting was Deferred to March 31, 2015,'' 
August 2013; ``Evaluation of Competitive Harm from Disclosure of 
`Inputs to Equations' Data Elements Deferred to March 31, 2015,'' 
August 2013; ``Evaluation of Alternative Calculation Methods,'' 
August 2013; ``Evaluation of Alternative Verification Approaches For 
Greenhouse Gas Reporting Rule Subparts for which Reporting of Inputs 
to Emission Equations was Deferred to March 31, 2015,'' August 2013.
---------------------------------------------------------------------------

    Regarding the comments that expressed concern about the EPA's 
ability to protect equation input data entered into IVT, the concern 
may have stemmed from a mistaken belief that the EPA will have 
possession of such data. That is not the case as explained in detail 
here, as well as in the response to comment immediately above, Section 
II.A of the preamble to the proposed rule (78 FR 55994, September 11, 
2013), and the memorandum ``Technical Approach and Design for Inputs 
Verification Tool,'' August 2013 (refer to Docket ID No. EPA-HQ-OAR-
2010-

[[Page 63764]]

0929). During the time period that a reporter is entering data (i.e., 
inputs to emissions equations) into IVT, the EPA will have no access to 
the data being entered. Further, when a reporter logs out of IVT, none 
of the data entered into IVT are retained in the EPA's electronic 
systems. To address concerns about potential release of these data via 
the Internet, the EPA provides further clarifications regarding the 
security of IVT elsewhere in this section of the preamble. Given that 
the EPA will have no access to, nor possession of, data entered into 
IVT, such data will not be considered to be agency records as defined 
by the Freedom of Information Act or the Federal Records Act, and the 
EPA cannot conceive, and the commenters did not explain, which federal 
law would require the EPA to release information that it does not have. 
For the same reason, the EPA also rejects any suggestion that the 
Agency is legally required to protect or make confidentiality 
determinations for equation input data entered into IVT. The commenters 
have not identified any law or regulation that requires the EPA to 
protect data not in the EPA's possession, nor do we believe that any 
such duty exists. For the reasons stated above, we disagree with the 
comments that the EPA must provide CBI protection to equation input 
data entered into IVT.
    With respect to the commenter's inquiry on how records of equation 
input data entered into IVT, which are required to be kept on-site, are 
protected from public disclosure as a result of Agency review of 
records, we describe below the verification process, including follow-
up on-site visits. As described below, we do not envision that an 
onsite review of records for purposes of verifying emissions reported 
using inputs that are entered into IVT would necessitate or typically 
involve collection of those records. Rather, visual inspections would 
likely suffice to determine whether or not a facility is in compliance.
    As described below, the EPA has developed a robust electronic 
verification and communication system in order to ensure high quality 
data are reported under the GHGRP, and the verification summaries from 
IVT will be integrated into that process. This electronic verification 
approach helps to minimize the need for on-site review which helps to 
reduce the burden and costs to the EPA and reporters. Likely scenarios 
under which a GHGRP inspection could occur due to information received 
from the IVT verification summaries are described below. As described 
below, none of these activities typically involve the EPA's collection 
of the inputs entered into the IVT.
    As explained in the proposed rule, the first step of the 
verification process will include review of the verification summary 
generated by the IVT in conjunction with the results of the 
verification checks that are currently used on the annual report data. 
In the event that the EPA's review results in remaining questions 
regarding data quality, the EPA plans to follow-up with the facility 
initially via email or phone to determine whether a reporting error has 
occurred. For example, if the EPA learns from the facility that the 
facility's production doubled in a given year due to unusually high 
demand, the EPA may then understand the increase in emissions, certain 
out of range warnings, and determine that there is not a data quality 
issue. If the EPA is unable to resolve the issue via phone and email, 
an on-site visit may be needed. The EPA anticipates that these visits 
would likely include a review of the records required to be kept which, 
as mentioned above, include the record of the inputs to emission 
equations that were entered into IVT as well as an examination of the 
monitoring equipment. Depending on the results of the verification 
summary for a particular facility, the EPA envisions two general 
scenarios for these on-site visits. One scenario would be that the 
verification summary produced by IVT for a particular facility 
indicates that the reported emissions values matched the values 
calculated by IVT but other verification checks show that certain 
inputs are outside the EPA's expected range(s). In that scenario, the 
EPA anticipates that if a site visit is needed, the site visit would 
focus on the accuracy of the inputs entered into IVT. To verify the 
accuracy of the inputs entered into IVT, the EPA would likely check 
whether data entered into IVT are consistent with other records 
required to be kept by the facility. For example, if an input to an 
equation is a monthly average of a value that is measured daily by a 
particular on-site monitor and the daily measured values are also 
required records, the EPA may confirm that the input entered into IVT 
is in fact the average of the daily values. In addition, the EPA may 
confirm that the on-site monitor meets the specifications prescribed in 
Part 98, such as calibration and accuracy specifications. If 
calibration and accuracy specifications do not comply with Part 98 
requirements, then a substantive error \16\ would likely be identified, 
and the facility would need to resubmit their report. If the inputs at 
issue comport with the on-site records, then there would be no further 
action necessary by either the EPA or the reporter. As described above, 
because we envision that verification would be completed while on-site, 
we do not expect that there would be a need to collect inputs records.
---------------------------------------------------------------------------

    \16\ 40 CFR 98.3(h)(3) defines substantive error as an error 
that impacts the quantity of GHG emissions reported or otherwise 
prevents the reported data from being validated or verified. 40 CFR 
98.3(h) states that once a substantive error is identified, an owner 
or operator shall, within 45 days of receipt of the notification, 
either resubmit the report that, for each identified substantive 
error, corrects the identified substantive error (in accordance with 
the applicable requirements of this part) or provide information 
demonstrating that the previously submitted report does not contain 
the identified substantive error or that the identified error is not 
a substantive error.
---------------------------------------------------------------------------

    In the second scenario, an on-site visit that is conducted in a 
situation when the verification summary produced by IVT indicates a 
discrepancy between the reported emissions and the emission equation 
results calculated by IVT, the EPA anticipates that the visit would 
focus on determining the root cause of the discrepancy. The EPA would 
ask the facility to demonstrate how their emissions calculations 
yielded a result different from the one calculated through the use of 
IVT. The EPA expects that such discrepancy is likely a result of 
mathematical error(s), which would likely constitute a substantive 
error, and the facility would need to resubmit their report.
    In both of these scenarios, the EPA envisions that the 
discrepancies would be resolved on-site and that collecting the on-site 
records of inputs would not be necessary. Despite the above, we do not 
rule out the possibility that collection of certain records could be 
necessary under unique circumstances not contemplated above. However, 
the EPA does not know at this point what records would be removed, the 
specific circumstances under which they would be collected and the 
reasons for such collection, and therefore we cannot address at this 
time how such records would be treated. Should that occur, the EPA will 
treat the collected information according to applicable laws and 
regulations.
    Regarding the comments asserting that 40 CFR part 98 could 
potentially subject reporters to antitrust liability, the EPA 
reiterates that information entered into IVT is not reported to or 
collected by the EPA. As a result, it does not become an agency record 
and, therefore, it is not subject to Freedom of

[[Page 63765]]

Information Act or other required disclosures related to agency 
records.

B. Removal of the Requirement To Report Certain Data Elements

1. Summary of Final Amendments to Part 98
    The EPA is removing the requirement to report 396 data elements in 
the 23 subparts listed in Table 2 of this preamble. Of these 396 data 
elements removed from reporting, 378 data elements are removed due to 
disclosure concerns and 18 data elements are removed because these data 
elements are redundant to other inputs being reported or are no longer 
useful to be reported to the EPA in the absence of other inputs to 
emission equations that will no longer be reported (refer to the 
discussion below for further explanation). Of the 378 data elements 
removed from reporting due to disclosure concerns, 324 data elements 
will be entered into IVT.\17\ We are finalizing the proposed amendments 
to remove reporting requirements and require entry of these data 
elements into IVT, with changes specified in Section II.B.2 of this 
preamble.
---------------------------------------------------------------------------

    \17\ As mentioned above, there are 378 equation inputs for which 
reporting was deferred to 2015 and for which the EPA determined 
there are disclosure concerns, and 324 of these equation inputs must 
be entered into IVT. Fifty-four of the 378 equation inputs do not 
need to be entered into IVT because these equation inputs are 
redundant to other equations inputs being entered into IVT or are 
otherwise not needed for verification.
---------------------------------------------------------------------------

    Table 3 of this preamble provides a summary of the number of data 
elements removed from reporting for each subpart. Refer to Table 1 in 
the memorandum ``Data Elements Deferred to March 31, 2015: Final List 
of `Inputs to Equations' Data Elements Not To Be Reported,'' September 
2014, (refer to Docket ID No. EPA-HQ-OAR-2010-0929) for a list of these 
396 data elements removed from reporting.

     Table 3--Subparts for Which Reporting Requirements Are Removed
------------------------------------------------------------------------
                                     Number of inputs
                                       to emission         Number of
                                      equations for     deferred inputs
              Subpart                which  reporting      for which
                                     was  deferred to     reporting is
                                     2015 (``deferred       removed
                                        inputs'')
------------------------------------------------------------------------
C--General Stationary Fuel                     \b\ 26             \b\ 26
 Combustion--Stationary fuel
 combustion sources excluding
 sources that contain at least one
 combustion unit connected to a
 fuel-fired electric generator
 owned or operated by an entity
 that is subject to regulation of
 customer billing rates by the
 public utility commission
 (excluding generators connected
 to combustion units subject to 40
 CFR part 98, subpart D) and that
 are located at a facility for
 which the sum of the nameplate
 capacities for all such electric
 generators is greater than or
 equal to 1 megawatt electric
 output \a\.......................
E--Adipic Acid Production.........                 21                 11
F--Aluminum Production............                 29                 29
G--Ammonia Manufacturing..........                  8                  8
H--Cement Production..............                 16                 14
K--Ferroalloy Production..........                 13                 13
N--Glass Production...............                  3                  3
O--HCFC-22 Production and HFC-23                   15                 12
 Destruction......................
P--Hydrogen Production............                  7                  7
Q--Iron and Steel Production......                 86                 85
R--Lead Production................                 10                 10
S--Lime Manufacturing.............                  9                  9
U--Miscellaneous Uses of Carbonate                  6                  6
V--Nitric Acid Production.........                 21                 21
X--Petrochemical Production.......             \c\ 19             \c\ 19
Y--Petroleum Refineries...........                 75                 70
Z--Phosphoric Acid Production.....                  4                  4
AA--Pulp and Paper Manufacturing..                 31                 28
BB--Silicon Carbide Production....                  3                  3
CC--Soda Ash Manufacturing........                 10                  4
EE--Titanium Dioxide Production...                  2                  2
GG--Zinc Production...............                  8                  8
TT--Industrial Waste Landfills....                  4                  4
------------------------------------------------------------------------
\a\ These subpart C sources may elect to report inputs to emission
  equations rather than use IVT. Additionally, the reporting
  requirements are not amended for stationary fuel combustion sources
  that contain at least one combustion unit connected to a fuel-fired
  electric generator owned or operated by an entity that is subject to
  regulation of customer billing rates by the PUC (excluding generators
  connected to combustion units subject to 40 CFR part 98, subpart D)
  and that are located at a facility for which the sum of the nameplate
  capacities for all such electric generators is greater than or equal
  to 1 megawatt electric output.
\b\ Includes one deferred input to an emission equations, 40 CFR
  98.3(d)(3)(v), which is specified in subpart A of part 98 and applies
  to only certain reporters under 40 CFR part 98, subpart C.
\c\ There were 2 additional inputs to emission equations for which
  reporting was deferred to 2015; however, these two inputs are not
  reflected in this table because the inputs were removed from Part 98
  by a previous rulemaking (78 FR 71904, November 29, 2013).

    The EPA is finalizing the proposed amendments to exclude from 
reporting 18 deferred inputs to emission equations for which no 
disclosure concerns have been identified. As explained in the preamble 
to the proposed rule (78 FR 56005, September 11, 2013), while posing no 
disclosure concerns, these data elements are redundant to other inputs 
being reported or are no longer useful to be reported in the absence of 
other inputs to emission equations that will no longer be reported; 
they are not needed to be reported to the EPA for data verification and 
they are also not helpful in informing future GHG policy development. 
For further information

[[Page 63766]]

on these 18 data elements, please see the memorandum ``Data Elements 
Deferred to March 31, 2015: Final List of Data Elements Not To Be 
Reported,'' September 2014 (refer to Docket ID No. EPA-HQ-OAR-2010-
0929).
    For the remaining inputs to emission equations for which reporting 
was deferred to 2015 for the 23 subparts listed in Table 2 of this 
preamble, the EPA is not amending the reporting requirements because 
the EPA has not identified disclosure concerns associated with their 
public release, and reporting of these data elements remains useful to 
the EPA for data verification as well as for informing future GHG 
policy development. Deferral of reporting of these inputs to emission 
equations expires on March 31, 2015. As a result, by March 31, 2015, 
151 inputs to emission equations must be reported for reporting year 
2014 and all prior reporting years, except as described below for six 
inputs to emission equations in subpart W of part 98. These 151 data 
inputs must also be reported in the annual report for all future 
reporting years, except as specified below for the six inputs to 
emission equations in subpart W. Refer to Section III.A.3 of the 
preamble to the proposed rule (78 FR 56005, September 11, 2013) for 
further discussion about how 2010 through 2014 data will be included in 
the 2014 annual report. For a list of these 151 deferred inputs to 
emission equations that will be reported, refer to Table 2 of the 
memorandum cited above. Additionally, to clarify which data elements 
must be reported for previous reporting years 2010 through 2013, the 
EPA is finalizing its proposed revision of Table A-7 of Part 98, ``Data 
Elements That Are Inputs To Emission Equations And For Which The 
Reporting Deadline Is March 31, 2015'', which includes these 151 inputs 
to emission equations that must be reported.
    For the purposes of reporting the subpart W inputs for reporting 
years 2011 through 2014, the EPA plans to use a spreadsheet format that 
will be uploaded to e-GGRT. Recognizing the substantial amount of 
information that facilities will be entering into the spreadsheet, the 
EPA anticipates publishing the spreadsheet in October 2014. This will 
allow facilities to begin data entry into the spreadsheet prior to the 
open reporting period. The spreadsheet can then be uploaded to e-GGRT 
during the open reporting season.
    For subpart W, the EPA is finalizing the proposed decision to 
require subpart W facilities to report all inputs to emission equations 
for which reporting was deferred to 2015; however, in the final rule, 
in response to comment, the EPA is providing an option for reporters to 
delay reporting of six of these inputs to emission equations for two 
reporting years for specific situations related to two types of 
exploratory wells, delineation and wildcat wells (as defined in this 
final rule in 40 CFR 98.238), starting with reporting year 2013.
2. Summary of Changes Since Proposal
    This section provides a brief summary of changes since proposal to 
the proposed requirement to use IVT. The EPA's rationale for these 
changes is provided in Section II.A.3 as part of the EPA's response to 
the related comment(s).
    The changes to the list of data elements removed from reporting and 
required to be entered into IVT are as follows:

     The proposed amendments, specifically at 40 CFR 
98.5(b), required that the inputs to emission equations for the 
calculation methods listed in the proposed Table A-8, ``Calculation 
Methods For Which Inputs To the Calculation Methods Must be Entered 
Into Verification Software Specified By the Administrator,'' be 
entered into IVT. In the final rule, the EPA removed the proposed 
Table A-8 of part 98, replacing it with a new ``verification 
software records'' provision in the recordkeeping section of each 
affected subpart, which lists for each subpart each equation input 
that must be entered into IVT.
     The proposed amendments required that the data element 
in 40 CFR 98.196(b)(8) be entered into IVT. After proposal, we 
discovered that this data element is not an input to an emission 
equation. Further, it is no longer needed for verification because 
the proposed new data element (40 CFR 98.196(b)(18)), which is being 
finalized in this action, will be sufficient for verification 
purposes. Therefore, in the final rule, we are removing the 
reporting requirement for this data element.
     The proposed amendments did not require that the input 
to Equation F-4 be entered into IVT, because this input is not 
required to be reported under Part 98. Based on a suggestion from a 
commenter, in the final rule we are requiring that the input to 
Equation F-4 be entered into IVT. Although part 98 does not require 
reporting of this input, the commenter stated that this input should 
be entered into IVT, and we agree that it is needed for calculating 
and verifying emissions in subpart F.
     The EPA is replacing eight reporting elements, which 
were incorrectly identified in the final deferral rulemaking (76 FR 
53057, August 25, 2011) as inputs to Equations F-2 and F-3 and were, 
therefore, incorrectly proposed (78 FR 55994, September 11, 2013) to 
be entered into IVT (instead of the correct inputs to Equations F-2 
and F-3). As a result of a comment received, the EPA discovered that 
it had previously misidentified eight data elements as inputs to 
Equations F-2 and F-3, mistakenly required and then deferred their 
reporting under part 98, and recently mistakenly proposed their 
entry into IVT. These misidentified data elements are annual values; 
whereas the inputs to these two equations are monthly values, which 
are not required to be reported under Part 98. In light of the 
error, the EPA is requiring in this final rule that the correct 
inputs (monthly values) for Equations F-2 and F-3 be entered into 
IVT. Further, given that the EPA had previously incorrectly required 
the reporting of these eight annual values as inputs to Equations F-
2 and F-3, and given that the actual inputs (i.e., the monthly 
values) for Equations F-2 and F-3 will be entered into IVT, the EPA 
does not need these eight annual values for verification. The EPA is 
therefore finalizing the removal of reporting of these eight annual 
values for Equations F-2 and F-3. Refer to the EPA's comment 
response document in Docket ID No. EPA-HQ-OAR-2010-0929 for further 
discussion of this comment supporting entry into IVT of monthly 
input data for Equations F-2 through F-4 and the EPA's response.
     For a given sub-basin, in the following situations, the 
EPA is providing the option to delay for two reporting years the 
reporting of six data elements associated with delineation or 
wildcat wells starting in reporting year 2013:

--For gas well completions or workovers with hydraulic fracturing, 
where wildcat wells and/or delineation wells are the only wells in a 
sub-basin that can be used for the measurement; and
--for onshore production storage tanks, where wildcat wells and/or 
delineation wells are the only wells in a sub-basin.

    These six data elements are: (1) Measured flow rate of backflow 
during well completion (40 CFR 98.236(c)(6)(i)(B)); (2) measured 
flow rate of backflow during well workover (40 CFR 98.236 
(c)(6)(i)(D)); (3) total number of days of backflow from all wells 
during completions (40 CFR 98.236 (c)(6)(i)(E)); (4) total number of 
days of backflow from all wells during workovers (40 CFR 98.236 
(c)(6)(i)(F)); (5) total volume of oil from all wellhead separators 
sent to tank(s) in barrels per year (40 CFR 98.236(c)(8)(i)(F)); and 
(6) total volume of sales oil from all wells in barrels per year (40 
CFR 98.236(c)(8)(ii)(A)). For reporting years 2011 and 2012, the two 
year delay would still require reporting by March 31, 2015. As a 
result, there is no need to delay reporting for these two reporting 
years. Refer to Section II.B.3 of this preamble for the EPA's 
rationale for this decision. If the 2-year delay in reporting is 
used, the reporter must report the following information in the 
current reporting year: indicate for each delayed reporting element 
that one of the two situations listed above is true (e.g., for gas 
well completions or workovers with hydraulic fracturing, wildcat 
wells and/or delineation wells are the only wells in a sub-basin 
that can be used for the measurement). In addition, when reporters 
report the delayed inputs to emission equations after the 2 year 
delay, they must also report the API well ID numbers for the 
applicable wildcat and/or delineation wells in the sub-basin for 
which the reporting element was delayed.
     For purposes of part 98, the EPA has added to 40 CFR 
90.238 definitions of

[[Page 63767]]

``delineation well'' and ``wildcat well.'' ``Delineation well'' is 
defined as a well drilled in order to determine the boundary of a 
field or producing reservoir. ``Wildcat well'' is defined as a well 
outside known fields or the first well drilled in an oil or gas 
field where no other oil and gas production exists. These 
definitions are consistent with the definitions of ``delineation 
well'' and ``wildcat well'' in 40 CFR part 60, subpart OOOO. Refer 
to Section II.B.2 of this preamble for the EPA's rationale for this 
decision.
     The EPA has removed from reporting the inputs to 
emission equations in 40 CFR 98.226(i), (j), (m)(4), (m)(5), and 
(p). These data must be entered into IVT, except for 40 CFR 
98.226(j). Refer to Section II.B.3 of this preamble for the EPA's 
rationale for this decision.
3. Summary of Comments and Responses
    This section summarizes the significant comments and responses 
related to the proposed amendments to remove reporting requirements and 
require entry of data into IVT. The EPA's comment response document in 
Docket ID No. EPA-HQ-OAR-2010-0929 provides a complete listing of all 
comments related to this topic and the EPA's responses.
    Comment: One commenter asserted that all 9 inputs to emission 
equations reported under 40 CFR 98.226(i), (j), (m)(4) and (5), and (p) 
would reveal process design, process performance, and operational 
efficiencies data regarding a nitric acid train. The commenter further 
noted that the EPA indicated in section 2.2 of its memorandum, 
``Evaluation of Competitive Harm from Disclosure of `Inputs to 
Equations' Data Elements Deferred to March 31, 2015,'' August 2013 
(refer to Docket ID No. EPA-HQ-OAR-2010-0929), that these types of data 
could be used to determine facility operational conditions and would, 
therefore, have disclosure concerns.
    Response: In the EPA's proposed harm analysis cited above in the 
comment summary, the EPA stated that the 9 inputs to emission equations 
reported under 40 CFR 98.226(i), (j), (m)(4) and (5), and (p) would not 
reveal any proprietary information about cost to do business, raw 
material usage, production, or facility or process performance, design, 
and operation, as long as the emission factors required to be reported 
in 40 CFR 98.226(m)(1) are not reported. As a result of this comment, 
the EPA further investigated the operational conditions at current 
nitric acid facilities, and considered the specific case when there are 
nitric acid facilities that have non-operational nitric acid trains and 
others that are in the process of installing or upgrading 
NOX control devices, some of which can also serve as 
N2O abatement (i.e., non-selective catalytic reduction). In 
light of this, the data reported under 40 CFR 98.226(i), (j), (m)(4), 
(m)(5), and (p), if reported over a multiple-year period where 
facilities are making changes to the operational status of their trains 
and/or abatement systems, could be used to determine train-specific 
conditions at the facility, such as efficiency losses, equipment 
degradation, changes in nitric acid demand, and/or the installation of 
N2O abatement technology. As a result, the EPA agrees with 
the commenter that the deferred inputs to emission equations reported 
under 40 CFR 98.226(i), (j), (m)(4), (m)(5), and (p) (destruction 
efficiency and fraction control factor of the abatement technology, 
abatement utilization factor, and nitrous oxide (N2O) 
concentration and volumetric flow rate per test run during performance 
test of each train) would reveal information about process design, 
process performance, and operational efficiencies of a nitric acid 
train, regardless of whether the emission factors required to be 
reported in 40 CFR 98.226(m)(1) are not reported. Therefore, the EPA 
has concluded that these data have disclosure concerns, and the EPA is 
removing these data from the reporting requirements in the final rule. 
Reporters will be required to enter these data into IVT, except 40 CFR 
98.226(j), which is not needed to be entered into IVT for verification 
purposes because IVT generates this value using the inputs entered into 
Equation V-2 and Equation V-2.
    Comment: One commenter expressed concern about reporting 
information on exploratory wells in Subpart W, especially when the 
wells are located in step-out areas where no prior reporting exists for 
a given sub-basin (including vertical or horizontal wells). The 
commenter explained that the problem occurs when an exploratory well is 
the sole well in a sub-basin (including vertical or horizontal wells) 
and is not reported in combination with other wells, thereby shielding 
any individual well's contribution. The commenter noted that its 
concerns are related to the timing of releasing the information to the 
public, as the commenter stated that the information is most sensitive 
if it is made available too early during the exploration or initial 
development stages. The commenter stated that the success of a well in 
exploratory areas could be inferred if detailed data are provided to 
the public too soon during the exploration and assessment period. The 
commenter provided an example of such an occurrence: An exploratory 
well completed in December of the reporting year, data reported to the 
EPA by end of March of the following year and then released by the EPA 
to the public within a few months during the same year. The commenter 
stated that early release of data regarding operating characteristics 
of such wells, including postflowback flaring/venting volumes, could 
cause competitive harm if made publicly available too early.
    The commenter noted that Federal law and State codes allow 
companies to designate as confidential the data obtained from 
exploratory wells, especially in new discovery areas or areas that are 
being explored for development. The commenter further noted that the 
original intent of State oil and gas commissions to allow withholding 
of select drilling and production information from early release to the 
public was to allow competitive exploration by searching for new 
pockets of oil or gas and experimenting with new tools and techniques. 
The commenter stated that releasing data on such wells through the 
GHGRP--despite the fact that they are held confidential by other 
regulatory bodies--could cause substantial competitive harm and lead to 
a loss of investment value. The commenter explained that competitive 
harm could occur if the public could obtain detailed high-resolution 
operational information on a well-by-well basis and on a daily or 
weekly basis.
    The commenter requested that the EPA categorically determine that 
all information associated with exploratory wells, with the exception 
of well ID and location, be classified as CBI for a period of at least 
24 months from the start of exploration. The commenter recommended 
either of two suggested approaches under the GHGRP: (1) Companies would 
report all data to the EPA as mandated by subpart W, but the EPA would 
hold the reported data as CBI and not include it in its public data 
release for at least 24 months (this could be accomplished by a 
flagging system (or a ``radio button'') in e-GGRT that could also allow 
for a short informative text on why that particular well information is 
to be maintained confidential); or (2) the EPA could set up a deferral 
system where initial data on exploratory wells will be well ID and 
location information and the remaining data would be backfilled by 
companies after a period of 24 months. The commenter added that neither 
option would require case-by-case review of companies' information, and 
both are consistent with the approach taken by state oil and gas 
commissions and are

[[Page 63768]]

protective of companies' commercial investment interests.
    Response: The EPA reviewed the types of data identified by the 
commenter as having disclosure concerns for exploratory wells: ``data 
regarding operating characteristics . . . including post-flowback 
flaring/venting volumes.'' In our proposed memorandum ``Evaluation of 
Competitive Harm from Disclosure of `Inputs to Equations' Data Elements 
Deferred to March 31, 2015,'' August 2013 (refer to Docket ID No. EPA-
HQ-OAR-2010-0929), the EPA stated regarding exploratory wells, that 
because onshore production data are reported under the GHGRP at a sub-
basin level, as defined by county boundaries, the data are aggregated 
to a large enough scale that disclosure of the data collected under 
subpart W would not reveal any proprietary information about the 
facility or cost to do business. After further investigation in 
response to the comment received, and review of the state laws 
protecting these types of data, the EPA has determined that, in the 
following situations which were not specifically considered in the 
proposed rule, early public disclosure of certain deferred inputs to 
emission equations associated with wildcat wells and/or delineation 
wells could reveal the well productivity, thereby resulting in the loss 
of investment value:

     For gas well completions or workovers with hydraulic 
fracturing, where wildcat wells and/or delineation wells are the 
only wells in a sub-basin that can be used for the measurement; and
     For onshore production storage tanks, where wildcat 
wells and/or delineation wells are the only wells in a sub-basin.

    The inputs to emission equations (for which reporting was deferred 
to 2015) that could reveal well productivity for wildcat and/or 
delineation wells in the applicable situations listed above are as 
follows:

     For gas well completions or workovers with hydraulic 
fracturing, the measured flow rate of backflow during well 
completion (40 CFR 98.236(c)(6)(i)(B));
     For gas well completions or workovers with hydraulic 
fracturing, the measured flow rate of backflow during well workover 
(40 CFR 98.236(c)(6)(i)(D));
     For gas well completions or workovers with hydraulic 
fracturing, the total number of days of backflow from all wells 
during completions (40 CFR 98.236(c)(6)(i)(E));
     For gas well completions or workovers with hydraulic 
fracturing, the total number of days of backflow from all wells 
during workovers (40 CFR 98.236(c)(6)(i)(F));
     For onshore production storage tanks, the total volume 
of oil from all wellhead separators with wellhead gas-liquid 
separator oil throughput greater than or equal to 10 barrels per day 
sent to tank(s) in barrels per year (40 CFR 98.236(c)(8)(i)(F)); and
     For onshore production storage tanks, the total volume 
of sales oil from all wells with oil production greater than or 
equal to 10 barrels/day in barrels per year (40 CFR 
98.236(c)(8)(ii)(A)).

    These six inputs to emission equations data elements are themselves 
a small subset of the inputs to emission equations data elements (for 
which reporting was deferred to 2015) collected in subpart W, as there 
are 90 such inputs to emission equations in subpart W. Further, wildcat 
and delineation wells represent a relatively small percentage of the 
wells being reported under the GHGRP for these data elements. As such, 
in the interim period before these data are reported to the EPA, the 
EPA will be able to verify the majority of the emissions using the 
inputs to equations that will be reported to the EPA. For the six 
inputs to emission equations that may be delayed for 2 years, the EPA 
will verify emissions using other data reported to the EPA, and will 
conclude verification upon receipt of the data. The EPA agrees with the 
commenter that a 2-year delay of reporting is sufficient to prevent 
early public disclosure of these data and will provide sufficient time 
for the reporter to thoroughly conduct an assessment of the well. Given 
the results of this evaluation, the EPA determined that, for these six 
inputs to emission equations, in those cases where a reporter has 
wildcat wells or delineation wells in a sub-basin and these wells meet 
one of the two situations described above, reporters should be provided 
an option to delay reporting of the given input for two reporting years 
starting in reporting year 2013. There is no early public disclosure 
concern for these inputs for reporting years 2011 and 2012 because 2 
years would already have passed before they are to be reported in March 
31, 2015. As a result, there is no need to delay reporting for these 
two reporting years. For reporting years 2013 and thereafter, this 
delay will prevent early public disclosure of information regarding 
well productivity. In such cases, if the 2-year delay in reporting is 
used, the reporter must report the following information in the current 
reporting year: indicate for each delayed reporting element that one of 
the two situations listed above is true (e.g., for gas well completions 
or workovers with hydraulic fracturing, wildcat wells and/or 
delineation wells are the only wells in a sub-basin that can be used 
for the measurement). In addition, when reporters report the delayed 
inputs to emission equations after the 2 year delay, they must also 
report the API well ID numbers for the applicable wildcat and/or 
delineation wells in the sub-basin for which the reporting element was 
delayed.
    The EPA also determined that additional definitions are necessary 
in order to clarify and specify the types of exploratory wells 
(delineation and wildcat wells) covered by the 2-year delay of 
reporting option. The EPA is adopting the terms and definitions used to 
describe delineation wells and wildcat wells in the new source 
performance standards for the oil and gas sector under 40 CFR part 60, 
subpart OOOO, as reporters under 40 CFR part 98, subpart W are also 
complying with 40 CFR part 60, subpart OOOO requirements. To minimize 
confusion for reporters and be consistent with 40 CFR part 60, subpart 
OOOO, the final rule includes the terms and definitions of a 
``delineation well'' and ``wildcat well,'' as used in 40 CFR part 60, 
subpart OOOO. ``Delineation well'' is defined as a well drilled in 
order to determine the boundary of a field or producing reservoir. 
``Wildcat well'' is defined as a well outside known fields or the first 
well drilled in an oil or gas field where no other oil and gas 
production exists.

C. Revision of Recordkeeping Requirements for Facilities Required To 
Use IVT

1. Summary of Final Amendments to Part 98
    The EPA is finalizing the proposed revisions to recordkeeping 
requirements for facilities required to use IVT. For each facility 
required to use IVT, the facility is required to retain all records 
starting with records for reporting year 2010, including records for 
subparts not subject to using IVT, for 5 years, rather than the 3-year 
record retention period required for non-IVT users. In other words, if 
any facility subject to using IVT is also subject to a subpart of Part 
98 not listed in Table 2 of this preamble, the facility is required to 
maintain the records required for those other subparts for 5 years. 
Facilities subject to IVT are also required to maintain a record of all 
inputs to emission equations entered into IVT, in the format provided 
by IVT. At the time the reporter completes entry of data into IVT, the 
facility is required to download from IVT a file that lists the entered 
data and maintain a copy of the file as a record of the entered inputs. 
As specified in 40 CFR 98.3(g), subpart A, this file may be maintained 
in electronic or hard copy format. Refer to Sections II.C and III.B of 
the proposal preamble (78 FR 55994, September 11, 2013) for further 
discussion of these

[[Page 63769]]

amendments to the Part 98 recordkeeping requirements being finalized in 
this action.
    The EPA has added a new ``verification software records'' provision 
to the recordkeeping section of each subpart listed in Table 2 of this 
preamble to list all inputs to emission equations required to be 
entered into IVT. As mentioned above, a list of the entered inputs must 
be downloaded from IVT and maintained as records.
    We are also revising an error in 40 CFR 98.3(g), as proposed. As 
discussed in Section III.B of the proposal preamble (78 FR 55994, 
September 11, 2013), in a previous action amending this paragraph (76 
FR 73866, November 29, 2011), our intention was to amend the second 
sentence of the paragraph regarding record retention duration; however, 
the third sentence regarding record format was inadvertently amended. 
As a result, as proposed, we are removing the second sentence of 40 CFR 
98.3(g) and reinstating the previous third sentence of 40 CFR 98.3(g) 
(regarding format of records). Refer to Section II.B of this preamble 
for further discussion of this new provision.
2. Summary of Changes Since Proposal
    The EPA is making no changes to the proposed revisions to 
recordkeeping requirements for IVT users. To clarify which data are 
entered into IVT and must be kept as records (i.e., the data included 
in the file generated by IVT to be maintained as a record), the EPA is 
adding a ``verification software records'' provision to the 
recordkeeping section of each subpart specified in Table 2 of this 
preamble. Each ``verification software records'' provision lists the 
inputs to equations required to be entered into IVT and required to be 
maintained as a record.
3. Summary of Comments and Responses
    This section summarizes the significant comments and responses 
related to the proposed amendments to the recordkeeping requirements 
for IVT users. The EPA's comment response document in Docket ID No. 
EPA-HQ-OAR-2010-0929 provides a complete listing of all comments and 
responses related to this topic.
    Comment: Three commenters supported the EPA's extension of the 
records retention period. Eight commenters opposed the EPA's proposal 
to extend the record retention time from 3 to 5 years. Five of the 
eight commenters indicated that this proposed requirement would add 
significantly more burden to owners with multiple reporting facilities, 
where some facilities would be subject to a 3-year record retention 
schedule and some of which would be subject to a 5-year record 
retention period. Three of these commenters presented this argument in 
the context of landfills, where one owner would have multiple 
landfills, and only certain of the landfills would be subject to using 
IVT due to being subject to subpart C. One of the five commenters 
explained that owners of multiple facilities in remote locations (e.g., 
offshore production platforms, compressor stations, fuel supply 
terminals) rely on data centers and centralized archiving procedures to 
maintain accurate records and back-up documentation for demonstrating 
compliance for some records. The commenter provided one example of a 
scenario where an owner of multiple facilities subject to subparts C, 
W, and NN would be subject to use of IVT due to subpart C. The 
commenter indicated that this requirement would create confusion by 
requiring that data maintained in the central data centers be organized 
according to two different record retention periods. Additionally, the 
commenter asserted, for a given reporter (e.g., gas processing plant 
subject to subparts C and W), some records are maintained on site and 
other are maintained in a central data exchange. The commenter added 
that the requirement to keep records according to two different 
retention periods would substantially increase the volume of records 
required. Another commenter also pointed out the increased confusion 
associated with maintaining records for multiple record duration 
periods.
    Two commenters contended that this revision conflicts with the 
justification the EPA previously made for requiring 3 years in the 2009 
promulgated GHGRP rule, citing that the EPA determined it was 
sufficient time to audit and review, reduces recordkeeping burden, and 
is consistent with recordkeeping requirements in other Federal 
programs. Two of the commenters stated that the EPA did not provide 
sufficient justification for extending the record retention time. Two 
of the commenters disagreed with the EPA's rationale that the extra 
time is needed for follow-up with reporters because IVT would generate 
an immediate flag on a real-time basis of any input errors and follow-
up could be immediate. One of these commenters further disagreed with 
the EPA's rationale that the extra time would allow the EPA inspectors 
time for appropriate assessment of compliance, because the EPA could 
accomplish this with timely inspections that do not need the extra 
time.
    One commenter expressed concern that the proposed extra retention 
time would be an unfair burden because it only applies to those sources 
using IVT and not all sources. The commenter added that sources using 
IVT would be unfairly subjected to potential additional fines and 
penalties for noncompliance for an extra 2 years, while other sources 
would not be subject to this noncompliance issue. The commenter 
concluded that requiring the verification IVT users to retain 
information longer would lead to unjustified prejudices against these 
source categories.
    Six of the eight commenters that opposed the EPA's proposal to 
extend the record retention time from 3 to 5 years also opposed the 
EPA's proposal that this 5-year record retention requirement for IVT 
users be extended to all subparts applicable to a reporter. The six 
commenters opposed this additional requirement for the same reasons 
they opposed the 5-year retention period.
    Response: The EPA is finalizing in this action this proposed 
amendment to recordkeeping requirements for IVT users as part of the 
alternative verification approach included in these amendments. As 
previously stated in the proposal preamble (September 11, 2013, 78 FR 
55994), the EPA considered whether the current record retention period 
and record format requirements would be sufficient to allow the EPA to 
perform data verification under this alternative verification approach. 
We considered:

     The time we would need to follow up with reporters to 
further verify reported GHG emissions.
     The desirability of retaining multiple years of data 
records to allow for appropriate assessment of compliance and for 
analyses of trends for policy analysis purposes.
     The format of records, and whether the current format 
would be adequate for our verification process. For example, we 
considered whether records of inputs to emission equations (for 
which reporting was deferred to 2015) contained in multiple separate 
documents (as currently allowed under Part 98) would allow an EPA 
inspector to efficiently analyze the consistency of the data 
elements and use the data elements to perform calculations to 
confirm reported GHG emissions.

    This revision to the recordkeeping timeframe is part of the new 
verification approach using IVT that is being finalized today. Given 
the large number of reporters under the subparts identified in Table 2 
of this preamble (over 2,000 facilities) and the likely increase in 
follow-up activities under

[[Page 63770]]

the new approach, it is important that relevant records are available 
to the EPA for follow-up activities with facilities, including on-site 
audits if necessary, regarding potential errors, discrepancies, or 
questions. When an EPA employee visits a facility, it is important that 
the employee be able to examine not only the current year's records but 
those from previous years as well, because previous years' data will 
provide year-to-year comparisons, which are useful for verifying the 
current year's data. A 5-year record retention period ensures the 
availability of relevant records for the follow-up activities described 
above.
    Regarding the general comment that this proposed 5-year record 
retention requirement would add significantly more burden to owners 
with multiple reporting facilities, the EPA disagrees with this 
assertion. Given that reporters are already required to maintain 
records for 3 years, the reporter is not required to do anything more 
than keep the records for an additional 2 years. Only one commenter 
provided a description of the additional burden for these types of 
owners. The commenter referred to a scenario where one parent company 
has multiple facilities subject to different combinations of subparts 
NN, C, and W (where some facilities are in remote locations, such as 
offshore production platforms, compressor stations, and fuel supply 
terminals). As such, the parent company is subject to both a 3-year 
record duration for some facilities and a 5-year record duration for 
other facilities. The commenter described the burden as being 
associated with the need for their records that are maintained in their 
central data centers to be organized according to two different record 
retention periods. However, the commenter did not provide any 
additional information or data to support their claim that the 
increased burden associated with this scenario would be significant, 
and the EPA does not understand how saving data electronically for an 
additional 2 years would require significant additional burden. The EPA 
received no comments on its proposed impacts analysis, which concluded 
that there is no additional burden imposed on keeping records for 2 
additional years (refer to Section V of the proposal preamble, 
September 11, 2013, 78 FR 55994). Lastly, if a parent company does not 
want to maintain some facilities' records for 3 years and others for 5 
years, there is nothing in this rulemaking that prevents owners from 
maintaining all records for a period of 5 years.
    Regarding the comment that this 5-year record duration requirement 
conflicts with the EPA's justification in the 2009 promulgated GHGRP 
rule that the 3-year duration is adequate, the EPA's rationales for 
extending the recordkeeping period under the new verification approach 
using IVT do not conflict with the previous justification for the 3-
year recordkeeping requirement in the 2009 rulemaking because the 2009 
GHGRP rule (74 FR 56260) did not include the alternative verification 
approach being finalized today. Since the IVT approach was not part of 
the 2009 rulemaking, the previous consideration did not take into 
account this new approach that is being finalized today. Further, at 
the time the previous justification was made, not only was there no IVT 
approach, the inputs to equations, which were necessary for verifying 
emissions under the 2009 rule, were required to be reported timely with 
the annual reports. In light of the subsequent changes to the 
verification approach and input reporting, it is unreasonable to 
suggest that the previous justification for a 3-year recordkeeping 
period still applies. The commenter did not identify or explain any 
deficiency in the EPA's rationales for extending the record keeping 
period to accommodate the IVT approach.
    Regarding the comment that this 5-year record duration requirement 
is inconsistent with recordkeeping requirements in other Federal 
programs, the other Federal programs referred to by the commenter 
(i.e., Department of Energy (DOE) and Acid Rain Program (ARP)) are not 
using the alternative verification approach associated with this 
action. As such, comparison to DOE or ARP reporting programs is not 
appropriate. The EPA also notes that the EPA's National Emission 
Standards for Hazardous Air Pollutants require 5-year record retention 
(see 40 CFR 63.10(b)).
    Regarding the comment that the EPA does not need extra time to 
allow for follow-up with reporters because IVT would generate an 
immediate flag on a real-time basis of any input errors and follow-up 
could be immediate, based on its experience with data verification for 
reporting years 2010 through 2012, the EPA anticipates situations where 
the verification summary will indicate discrepancies between reported 
GHG emissions and the GHG emission equation results calculated by IVT 
as well as other verification results that will require further 
attention. In certain situations, the EPA will need additional time to 
follow up with these reporters to resolve discrepancies, as further 
described above.
    Regarding the comment that the EPA does not need extra time because 
the EPA could accomplish this alternative verification approach with 
``timely inspections,'' as further described above, the EPA anticipates 
more direct follow-up activities under the alternative verification 
approach associated with this action. Given the large number of sources 
reporting to the GHGRP and limited resources, any direct follow-up with 
facilities would be more effective with the ability to access 5 years 
of data.
    In response to the comment that the proposed extra retention time 
would be an unfair burden because certain sources would be unfairly 
subjected to potential additional fines and penalties for noncompliance 
for an extra 2 years, it is important to note that different facilities 
within the Greenhouse Gas Reporting Program are subject to different 
verifications approaches (reporting inputs to emissions equations 
versus using IVT). Different verification approaches necessitate 
different reporting and record keeping requirements to ensure the 
success of the individual verification approach. Further, we do not 
believe that the 5-year record retention period is complex or otherwise 
difficult or burdensome to implement; if a facility uses IVT, it must 
keep all of its record for 5 years. Given that a reporter is already 
required to maintain records for 3 years, this 5-year recordkeeping 
requirement does not require any action beyond keeping these records 
for an additional 2 years. In any event, the commenters did not provide 
any information to support the claim that 2 additional years of record 
maintenance would somehow trigger additional fines and penalties. 
Further, the commenter provided no comment on the EPA's proposed 
impacts analysis, which concluded that there is no additional burden 
imposed on keeping records for 2 additional years (refer to Section V 
of the proposal preamble, September 11, 2013, 78 FR 55994).
    Regarding the comments opposing extending the 5-year record 
retention requirement to all subparts for IVT users, the EPA proposed 
this provision because during a site visit, if questions arise 
regarding the accuracy of equation inputs entered into IVT, it may be 
necessary to examine other recordkeeping information not entered into 
IVT, such as a monitoring plan or recordkeeping information in a 
different subpart, in order to fully investigate the accuracy of the 
data at issue. For example, a lime production facility with natural 
gas-fired kilns may report combustion emissions under subpart C, 
CO2 process emissions from lime kilns

[[Page 63771]]

under subpart S, and CO2 supply under subpart PP. As part of 
the site visit, the EPA may check for inconsistencies in the quantities 
of CO2 collected and transferred off site (reported under 
subpart PP) compared with the CO2 process emissions reported 
under subpart S. Specifically, if a facility reported collecting 32,000 
metric tons under subpart PP but reported generating only 30,000 metric 
tons of CO2 in their lime kilns, then the EPA may need to 
check the records and review the monitoring plan for both subpart S and 
PP to determine why this inconsistency occurred. If this facility also 
elected to report the natural gas combusted (i.e., the facility elects 
not to use IVT for subpart C), then the EPA would also use the fuel 
quantity data to check for unexpected inconsistencies in the subpart S 
data using parameters such as the ratio of CO2 emissions to 
fuel consumption and looking for significant changes in such parameters 
when compared to data from previous years. As part of this process, the 
EPA may examine the monitoring plan associated with all of the subparts 
reported by this facility to ensure that the correct monitoring was 
conducted by the facility. In this example, if facilities were allowed 
to retain records for only 3 years for subparts for which IVT was not 
used, the EPA's verification and compliance activities would be 
impacted by incomplete records for subparts C and PP when compared with 
subpart S. As the above example illustrates, records necessary to 
verify data submitted by a facility using IVT may include that 
facility's data from subparts not subject to IVT. It is therefore 
necessary to ensure that all data necessary for verification are 
available, and this 5-year record retention period requirement will 
provide assurance of on-site data availability. The EPA received no 
additional rationale opposing this provision beyond the rationales 
presented against the 5-year record duration requirement. The EPA 
received no details to contradict the EPA's proposed impacts analysis, 
which concluded that this proposed requirement would impose no 
additional burden (refer to Section V of the proposal preamble, 
September 11, 2013, 78 FR 55994). As such, the EPA is finalizing the 
proposed requirement for IVT users to maintain records for all subparts 
for a period of 5 years.
    Comment: One commenter suggested that the recordkeeping section of 
each subpart be modified to clearly specify which records related to 
IVT must be maintained. The commenter argued that e-GGRT is a reporting 
tool, but not a regulation, such that it would not be appropriate for 
IVT to dictate which records must be maintained.
    Response: The EPA had requested comment on whether additional 
specificity within the recordkeeping requirements of each subpart would 
improve the clarity of the specific records that are required to be 
retained. After considering the commenter's request, the EPA agrees 
with the recommendation to specify each record that reporters must 
maintain. In the final rule, each subpart listed in Table 2 of this 
preamble includes, in the recordkeeping section, a new ``verification 
software records'' provision that specifies each data element in that 
subpart that must be entered into IVT and maintained as a record.

D. Addition of Reporting Requirements for Certain Facilities Required 
To Use IVT

1. Summary of Final Amendments to Part 98
    The EPA is finalizing the proposed addition of new reporting 
requirements for facilities required to use IVT for subparts E, G, H, 
P, Q, S, V, X, and AA of part 98, with changes to the proposed 
amendments for subparts E, V, Y, and AA, as discussed in Section II.D.2 
of this preamble. The final list of new data elements being added in 
this action is in Table 4 of this preamble.

Table 4--New Data Elements Being Finalized in Today's Action for Subparts E, G, H, P, Q, S, V, X, and AA of Part
                                                       98
----------------------------------------------------------------------------------------------------------------
                Subpart                          Subpart name                 New data element description
----------------------------------------------------------------------------------------------------------------
E.....................................  Adipic Acid Production........  If only cyclohexane is oxidized to
                                                                         produce adipic acid: the annual
                                                                         quantity of cyclohexane (tons) used to
                                                                         produce adipic acid. If materials other
                                                                         than cyclohexane are oxidized to
                                                                         produce adipic acid: the annual
                                                                         quantity of cyclohexanone and
                                                                         cyclohexanol mixture (metric tons) used
                                                                         to produce adipic acid.
                                                                        Annual percent nitrous oxide (N2O)
                                                                         emission reduction for all production
                                                                         units combined.
G.....................................  Ammonia Production............  Annual ammonia production (metric tons,
                                                                         sum of all process units reported
                                                                         within subpart G).
                                                                        Annual methanol production (metric tons)
                                                                         for each process unit.
H.....................................  Cement Production.............  Annual clinker production (metric tons).
                                                                        Annual average clinker carbon dioxide
                                                                         (CO2) emission factor for the facility,
                                                                         averaged across all kilns (metric tons
                                                                         CO2/metric ton clinker produced).
                                                                        Annual average cement kiln dust (CKD)
                                                                         CO2 emission factor for the facility,
                                                                         averaged across all kilns (metric tons
                                                                         CO2/metric ton CKD produced).
P.....................................  Hydrogen Production...........  Name and annual quantity (metric tons)
                                                                         of each carbon-containing fuel and
                                                                         feedstock.
                                                                        Annual methanol production (metric tons)
                                                                         for each process unit.

[[Page 63772]]

 
Q.....................................  Iron and Steel Production.....  If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The annual
                                                                         mass (metric tons) of all gaseous,
                                                                         liquid, and solid fuels (combined) used
                                                                         in process units specified in Equations
                                                                         Q-1 through Q-7 of subpart Q,
                                                                         calculated as specified in Equation Q-9
                                                                         of subpart Q being finalized in this
                                                                         action. Do not include fuel used in a
                                                                         stationary combustion unit where
                                                                         emissions are reported under subpart C.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The annual
                                                                         mass (metric tons) of all non-fuel
                                                                         material inputs (combined) specified in
                                                                         Equations Q-1 through Q-7 of subpart Q,
                                                                         calculated as specified in Equation Q-
                                                                         10 of subpart Q being finalized in this
                                                                         action.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The annual
                                                                         mass (metric tons) of all solid and
                                                                         liquid products and byproducts
                                                                         (combined) specified in Equations Q-1
                                                                         through Q-7 of subpart Q, calculated as
                                                                         specified in Equation Q-11 of subpart Q
                                                                         being finalized in this action.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The weighted
                                                                         average carbon content of all gaseous,
                                                                         liquid, and solid fuels (combined)
                                                                         included in Equation Q-9 of subpart Q
                                                                         being finalized in this action,
                                                                         calculated as specified in Equation Q-
                                                                         12 of subpart Q being finalized in this
                                                                         action.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The weighted
                                                                         average carbon content of all non-fuel
                                                                         inputs to all furnaces (combined)
                                                                         included in Equation Q-10 of subpart Q
                                                                         being finalized in this action,
                                                                         calculated as specified in Equation Q-
                                                                         13 of subpart Q being finalized in this
                                                                         action.
                                                                        If you use the carbon mass balance
                                                                         method in 40 CFR 98.173(b)(1) to
                                                                         determine CO2 emissions: The weighted
                                                                         average carbon content of all solid and
                                                                         liquid products and byproducts from all
                                                                         furnaces (combined) included in
                                                                         Equation Q-11 of subpart Q being
                                                                         finalized in this action, calculated as
                                                                         specified in Equation Q-14 of subpart Q
                                                                         being finalized in this action.
S.....................................  Lime Manufacturing............  Annual quantity (tons) of lime product
                                                                         sold, by type.
V.....................................  Nitric Acid Production........  Annual percent N2O emission reduction
                                                                         for all nitric acid trains combined.
X.....................................  Petrochemical Production......  If using the CEMS method to calculate
                                                                         GHG emissions: Name and annual quantity
                                                                         (in metric tons) of each product. If
                                                                         using the mass balance method to
                                                                         calculate GHG emissions: Name and
                                                                         annual quantity (in metric tons) of
                                                                         each product used in Equations X-1, X-
                                                                         2, and X-3 of subpart X.
                                                                        If using the CEMS method to calculate
                                                                         GHG emissions: Name and annual quantity
                                                                         (in metric tons) of each carbon-
                                                                         containing feedstock. If using the mass
                                                                         balance method to calculate GHG
                                                                         emissions: Name and annual quantity (in
                                                                         metric tons) of each carbon-containing
                                                                         feedstock used in Equations X-1, X-2,
                                                                         and X-3 of subpart X.
AA....................................  Pulp and Paper Manufacturing..  For each pulp mill lime kiln: Quantity
                                                                         of calcium oxide (CaO) produced (metric
                                                                         tons).
                                                                        For each pulp mill lime kiln: Percentage
                                                                         of annual heat input, individually for
                                                                         each fossil fuel type.
----------------------------------------------------------------------------------------------------------------

    The EPA is also adding six new equations (Equations Q-9 through Q-
14 of part 98) to subpart Q, as proposed, to specify how to calculate 
and report each of the six new data elements added to subpart Q in this 
action. Final confidentiality determinations for the data elements 
specified in Table 4 are presented in Section III of this preamble.
2. Summary of Changes Since Proposal
    This section provides a brief summary of changes since proposal. 
The EPA's rationale for these changes is provided in Section II.D.3 of 
this preamble as part of the EPA's response to the related comment(s). 
In cases where the EPA is making a change that was not related to a 
public comment, a summary of the rationale is included in this section.
    The changes to the proposed addition of new reporting requirements 
for facilities required to use IVT are as follows:

     In the final rule, the new data element for subpart E, 
40 CFR 98.56(m), specifies that if only cyclohexane is oxidized to 
produce adipic acid, the reporter must report the annual quantity of 
cyclohexane used to produce adipic acid; otherwise, if materials 
other than cyclohexane are oxidized to produce adipic acid, the 
reporter must report the annual quantity of cyclohexanone and 
cyclohexanol mixture used to produce adipic acid. Refer to Section 
II.D.3 of this preamble for the rationale for this revision.

[[Page 63773]]

     The EPA is not finalizing the proposed addition of two 
new data elements to subpart AA: The annual mass of steam generated 
(proposed as 40 CFR 98.276(m)(1)) and the ratio of the unit's 
maximum rated heat input capacity to its design rated steam output 
capacity (proposed as 40 CFR 98.276(m)(2)). Refer to Section II.D.3 
of this preamble for the rationale for this revision.
     The EPA is revising the new data element added to 
subpart V (40 CFR 98.226(q)) to read ``annual percent N2O 
emission reduction for all nitric acid trains combined.'' The text 
``nitric acid trains'' replaces proposed text ``production units'' 
to be consistent with the terminology used elsewhere in subpart V. 
This rationale is documented in ``Summary and Explanation of Minor 
Changes Since the Proposed Rule'' (Docket ID No. EPA-HQ-OAR-2010-
0929).
     The EPA is not finalizing the proposed addition of the 
following three new data elements to subpart Y, which were proposed 
to be required to be reported when Equation Y-3 is used to calculate 
flare CO2 emissions: Annual quantity of flare gas 
combusted, annual average molecular weight of flare gas combusted, 
and annual average carbon content of flare gas combusted, all for 
normal operations and startup, shutdown, and malfunction (SSM) 
events combined. The EPA included these new elements in the proposal 
to supplement the IVT verification approach by minimizing the need 
for potential follow-up activities (e.g., phone calls, emails, site 
visits, etc.) to verify reported GHG emissions from flares using 
Equation Y-3 to calculate emissions. Specifically, such information 
would allow the EPA to verify and reconcile potential differences 
between reported emissions and emissions equation results calculated 
by IVT, and therefore minimize the need for follow-up via phone, 
email or site visits. At the time of proposal, the EPA did not 
consider the proposed new reporting elements in conjunction with the 
monitoring requirements associated with Equation Y-1a and Y-1b. In 
the process of finalizing this rulemaking, the EPA realized that, 
under the current rule, if the flare gas composition (which 
determines molecular weight and carbon content) is measured weekly 
or more frequently, reporters are required to use either Equation Y-
1a or Y-1b to calculate flare CO2 emissions. Reporters 
that either do not measure the composition of flare gas or conduct 
such measurements but less frequently than weekly may use Equation 
Y-3, which does not require such values to calculate routine flare 
gas emissions. As a result, requiring reporters to report annual 
averages of molecular weight and carbon content when using Equation 
Y-3 would undermine the purpose of Equation Y-3 by requiring 
facilities that do not currently measure these values to now have to 
determine and report these values. These facilities would now have 
to conduct such measurements or provide the values through other 
means. In the case where reporters do not measure these values, they 
would likely report the values determined for the subset of flare 
emissions related to SSM events, which would not be representative 
of the annual average, and therefore would not be useful for 
verification. As a result, the EPA is not finalizing the proposed 
reporting of the annual average molecular weight of flare gas 
combusted and annual average carbon content of flare gas combusted, 
both for normal operations and SSM events combined. Further, given 
that the three proposed data elements were to be used together to 
provide an alternative method of estimating emissions, requiring 
reporting of the annual quantity of flare gas combusted would not be 
useful in the absence of the other two data elements. The EPA is 
therefore not requiring the reporting of these three data elements 
in the final rule and will continue to rely on the general IVT 
verification approach for verifying flare CO2 emissions 
using Equation Y-3.
3. Summary of Comments and Responses
    This section summarizes the significant comments and responses 
related to the proposed addition of new reporting requirements for 
facilities required to use IVT. See the EPA's comment response document 
in Docket ID No. EPA-HQ-OAR-2010-0929 for a complete listing of all 
comments and responses related to this topic.
    Comment: One commenter suggested that the amount of cyclohexanone 
and cyclohexanol combined (also called ketone-alcohol oil or (KA) used 
to manufacture adipic acid should be substituted for cyclohexane for 
the verification of N2O emissions from adipic acid 
manufacturing. The commenter indicated that they use an EPA-approved 
alternate method, as allowed under 40 CFR 98.53(a)(2) to report 
N2O emissions, and the proposed new data element would not 
fairly represent emissions from their manufacturing facility. The 
commenter explained that the EPA is assuming that adipic acid is 
manufactured wholly via the oxidation of cyclohexane to KA, which is 
then further oxidized with nitric acid to adipic acid. The commenter 
stated that this assumes that all the KA used in the nitric acid 
oxidation comes from cyclohexane oxidation and all the KA produced is 
used to produce adipic acid. However, the commenter stated that, in 
reality, KA can be purchased or sold commercially as well as produced 
using materials other than cyclohexane. The commenter noted that they 
operate an alternate process to produce KA in addition to the 
cyclohexane-based KA production.
    Response: The EPA agrees with the commenter that the proposed new 
data element for subpart E (i.e., 40 CFR 98.56(m), the annual quantity 
of cyclohexane fed to all production lines, combined) will be useful to 
the EPA for verification purposes for only those reporters that are 
producing all adipic acid from cyclohexane. At proposal, the EPA had 
assumed that all KA used to produce adipic acid was produced by the 
reporting facility using cyclohexane. Based on this commenter input and 
further consideration, the EPA has determined that there are cases 
where either the KA used by the reporting facility to create adipic 
acid is purchased from another KA producer or the reporting facility 
uses materials other than cyclohexane to produce KA (such as the 
facility represented by the commenter). In a case where the KA used by 
the reporting facility to create adipic acid is purchased from another 
KA producer, the reporting facility may not know whether and how much 
cyclohexane was used to produce the KA. Likewise, in cases where the 
reporting facility uses materials other than cyclohexane to produce KA 
(which may then be used to produce adipic acid), the reported annual 
quantity of cyclohexane used to produce adipic acid would not be 
applicable and, therefore, not useful to EPA for verification of 
reported GHG emissions (representing all adipic acid produced) because 
this quantity of cyclohexane would represent only part (or none, if no 
cyclohexane is used) of the KA used to produce adipic acid. In cases 
where a reporter is producing KA using materials other than 
cyclohexane, or where a reporter is purchasing KA, the EPA has changed 
the new data element to be the quantity of KA fed to adipic acid 
production lines. In the final rule, the EPA has revised the new data 
element to specify that if only cyclohexane is oxidized to produce 
adipic acid, the reporter must report the annual quantity of 
cyclohexane used to produce adipic acid; otherwise, the reporter must 
report the annual quantity of KA used to produce adipic acid. Regarding 
the comment that some adipic acid producers are selling some of the KA 
produced, these adipic acid producers will be required to report a 
corrected quantity of cyclohexane or KA, as applicable, used to produce 
adipic acid to account for any KA sold. Regarding the comment that some 
adipic acid producers purchase KA to produce adipic acid, these 
reporters will be required to report the annual quantity of KA used to 
produce adipic acid under 40 CFR 98.56(m)(2).
    Comment: One commenter supported the reporting for two new data 
elements proposed to be reported for subpart AA: (1) Quantity of 
calcium oxide (CaO) produced (metric tons), and (2) percent of annual 
heat input, individually for each fossil fuel type. The commenter 
opposed the reporting of two other data

[[Page 63774]]

elements proposed to be reported for subpart AA for each chemical 
recovery furnace and chemical recovery combustion unit for which 
Equation C-2c of subpart C is not used to calculate CO2 
emissions: (1) Annual mass of steam generated (pound (lb) steam), 
individually for each fossil fuel type and for spent liquor solids, and 
(2) Ratio of the unit's maximum rated heat input capacity to its design 
rated steam output capacity (MMBtu/lb steam), individually for each 
fossil fuel type and for spent liquor solids. The commenter contended 
that these requirements are unclear and unnecessary and should be 
removed from the final rule. The commenter asserted that these proposed 
reporting requirements for pulp mills directly contradict the 
requirement in 40 CFR 98.36(e)(2)(ii)(D) that requires stationary fuel 
combustion units to report the steam and heat/steam ratio only if 
Equation C-2c is used. Regarding recovery units not using Equation C-
2c, the commenter indicated that determining these two data elements 
would be overly burdensome because determining steam generation by fuel 
type would be very difficult. The commenter explained that most 
recovery furnaces only use spent pulping liquor as their fuel and some 
may use other fuels for either start-up or for flame stabilization, 
but, generally, the fuels are liquid; and, other than using a percent 
of fuel to estimate the amount of steam generation per fuel type, the 
commenter did not know of any other method to determine the amount of 
steam generation per fuel type. As such, the commenter requested that 
these two proposed new data elements (annual mass of steam generated 
and ratio of the unit's maximum rated heat input capacity to its design 
rated steam output capacity) be eliminated in the final rule.
    Response: The EPA thanks the commenter for their support for 
reporting the quantity of CaO produced, and percent of annual heat 
input, individually for each fossil fuel type. These two data elements 
are added as proposed. Regarding the other two data elements (annual 
mass of steam generated (lb steam), individually for each fossil fuel 
type and for spent liquor solids, and ratio of the unit's maximum rated 
heat input capacity to its design rated steam output capacity (MMBtu/lb 
steam), individually for each fossil fuel type and for spent liquor 
solids), the EPA included these new elements in the proposal to 
supplement the IVT verification approach because having such 
information would allow the EPA to verify and reconcile potential 
differences between reported emissions and emissions equation results 
calculated by IVT and therefore minimize the need for follow-up via 
phone, email or on-site visit. However, as the EPA stated in the 
proposal preamble (September 11, 2013), the proposal to collect these 
two data elements was also based in part on the EPA's incorrect 
assumption that the proposed new reporting elements would be readily 
available for affected facilities, or easily calculated using data 
already required to be collected. In light of the comment, and after 
further investigation of the method available to reporters to calculate 
steam generated by fuel type, the EPA has learned that generating these 
two new data reporting elements would require a significant investment 
in time. Upon further consideration, the EPA concludes that any 
potential time saved from the reduced follow-up activities due to 
collection of these two data elements is outweighed by the significant 
resources and time required for the facilities to generate these data. 
The EPA is therefore not requiring the reporting of these two data 
elements in the final rule and will continue to rely on the general IVT 
verification approach for verifying chemical recovery furnace and 
chemical recovery combustion unit emissions. For the reasons stated 
above, the EPA is not finalizing these two new data elements in this 
final action.

III. Summary of Final Confidentiality Determinations for New Data 
Elements

A. Summary of Final CBI Determinations

    The EPA is finalizing the proposed data category assignment and 
confidentiality determination for each new data element added in this 
final rule \18\ except 40 CFR 98.226(q). For 40 CFR 98.226(q), the EPA 
is finalizing the proposed data category assignment, but is not making 
any final confidentiality determination. The EPA's rationale for this 
change is provided in Section III.B of this preamble.
---------------------------------------------------------------------------

    \18\ EPA is not finalizing the addition of all the data elements 
proposed to be added to the rule. Five data elements are not being 
added to the rule. The EPA's rationale for this change is provided 
in Section III.B of this preamble.
---------------------------------------------------------------------------

    For the 16 new data elements listed in Table 5 of this preamble, 
the EPA has determined that they are entitled to confidential 
treatment, as proposed. Specifically, the EPA is finalizing the 
proposed category assignments of these data elements to the 
``Production/Throughput Data that are Not Inputs to Emission 
Equations'' and ``Raw Materials Consumed that are Not Inputs to 
Emission Equations'' data categories and the application of the 
categorical confidentiality determinations made for these categories in 
the 2011 final CBI rule (76 FR 30782, May 26, 2011) to these data 
elements.

 Table 5--Data Elements Assigned to the ``Production/Throughput Data That Are Not Inputs to Emission Equations''
            and ``Raw Materials Consumed That Are Not Inputs to Emission Equations'' Data Categories
----------------------------------------------------------------------------------------------------------------
                 Subpart                         Final citation                       Data element
----------------------------------------------------------------------------------------------------------------
             ``Production/Throughput Data That Are Not Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
G--Ammonia Production...................  40 CFR 98.76(b)(14)........  Annual ammonia production (metric tons,
                                                                        sum of all process lines reported within
                                                                        subpart G).
                                          40 CFR 98.76(b)(15)........  Annual methanol production (metric tons)
                                                                        for each process unit.
H--Cement Kilns.........................  40 CFR 98.86(b)(16)........  Annual clinker production (metric tons).
P--Hydrogen Production..................  40 CFR 98.166(e)...........  Annual methanol production (metric tons)
                                                                        for each process unit.
S--Lime Manufacturing...................  40 CFR 98.196(b)(18).......  Annual quantity (tons) of lime product
                                                                        sold, by type.
X--Petrochemical........................  40 CFR 98.246(a)(13) and     If using the CEMS method to calculate GHG
                                           (b)(10).                     emissions: Name and annual quantity (in
                                                                        metric tons) of each product. If using
                                                                        the mass balance method to calculate GHG
                                                                        emissions: Name and annual quantity (in
                                                                        metric tons) of each product used in
                                                                        Equations X-1, X-2, and X-3 of subpart
                                                                        X.

[[Page 63775]]

 
AA--Pulp and Paper......................  40 CFR 98.276(l)(1)........  For each pulp mill lime kiln: Quantity of
                                                                        calcium oxide (CaO) produced (metric
                                                                        tons).
----------------------------------------------------------------------------------------------------------------
               ``Raw Materials Consumed That Are Not Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
E--Adipic Acid Production...............  40 CFR 98.56(m)............  If only cyclohexane is oxidized to
                                                                        produce adipic acid, report the annual
                                                                        quantity of cyclohexane (tons) used to
                                                                        produce adipic acid. If materials other
                                                                        than cyclohexane are oxidized to produce
                                                                        adipic acid, report the annual quantity
                                                                        of cyclohexanone and cyclohexanol
                                                                        mixture (tons) used to produce adipic
                                                                        acid.
P--Hydrogen Production..................  40 CFR 98.166(b)(7)........  Name and annual quantity (metric tons) of
                                                                        each carbon-containing fuel and
                                                                        feedstock.
Q--Iron and Steel.......................  40 CFR 98.176(e)(6)(i).....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The annual mass (metric tons)
                                                                        of all gaseous, liquid, and solid fuels
                                                                        (combined) used in process units
                                                                        specified in Equations Q-1 through Q-7,
                                                                        calculated as specified in a new
                                                                        Equation Q-9 of subpart Q in the final
                                                                        rule amendments. Does not include fuel
                                                                        used in a stationary combustion unit
                                                                        where emissions are reported under
                                                                        subpart C.
                                          40 CFR 98.176(e)(6)(ii)....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The annual mass (metric tons)
                                                                        of all non-fuel material inputs
                                                                        (combined) specified in Equations Q-1
                                                                        through Q-7 of subpart Q, calculated as
                                                                        specified in a new Equation Q-10 of
                                                                        subpart Q in the final rule amendments.
                                          40 CFR 98.176(e)(6)(iii)...  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The annual mass (metric tons)
                                                                        of all solid and liquid products and
                                                                        byproducts (combined) specified in
                                                                        Equations Q-1 through Q-7, calculated as
                                                                        specified in a new Equation Q-11 of
                                                                        subpart Q in the final rule amendments.
                                          40 CFR 98.176(e)(6)(iv)....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The weighted average carbon
                                                                        content of all gaseous, liquid, and
                                                                        solid fuels (combined) included in
                                                                        Equation Q-9 of subpart Q, calculated as
                                                                        specified in a new Equation Q-12 of
                                                                        subpart Q in the final rule amendments.
                                          40 CFR 98.176(e)(6)(v).....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The weighted average carbon
                                                                        content of all non-fuel inputs to all
                                                                        furnaces (combined) included in Equation
                                                                        Q-10 of subpart Q, calculated as
                                                                        specified in a new Equation Q-13 of
                                                                        subpart Q in the final rule amendments.
                                          40 CFR 98.176(e)(6)(vi)....  If you use the carbon mass balance method
                                                                        in 40 CFR 98.173(b)(1) to determine CO2
                                                                        emissions: The weighted average carbon
                                                                        content of all solid and liquid products
                                                                        and byproducts from all furnaces
                                                                        (combined) included in a new Equation Q-
                                                                        11 of subpart Q in the final rule
                                                                        amendments, calculated as specified in
                                                                        new Equation Q-14 of subpart Q in the
                                                                        final rule amendments.
X--Petrochemical........................  40 CFR 98.246(a)(12) and     If using the CEMS method to calculate GHG
                                           (b)(9).                      emissions: Name and annual quantity (in
                                                                        metric tons) of each carbon-containing
                                                                        feedstock. If using the mass balance
                                                                        method to calculate GHG emissions: Name
                                                                        and annual quantity (in metric tons) of
                                                                        each carbon-containing feedstock used in
                                                                        Equations X-1, X-2, and X-3 of subpart
                                                                        X.
----------------------------------------------------------------------------------------------------------------

    The five new data elements listed below in Table 6 of this preamble 
were proposed to be assigned to the ``Unit Process Operating 
Characteristics that are Not Inputs to Emission Equations'' category, 
for which EPA has not established a categorical confidentiality 
determination. Individual confidentiality determinations were proposed 
for these data elements, which are shown in Table 6 below. In this 
action, the EPA is finalizing the categorical assignments and 
confidentiality determinations for four of the five new data elements 
listed in Table 6, as proposed. The EPA revised the confidentiality 
determination for the new data element in subpart V, as shown in Table 
6.

[[Page 63776]]



  Table 6--Final Confidentiality Determinations for New Data Elements Assigned to the ``Unit/Process Operating
                           Characteristics That Are Not Inputs to Emission Equations''
----------------------------------------------------------------------------------------------------------------
                                                                                            Final rationale for
            Subpart                 Citation           Data element       Confidentiality     confidentiality
                                                                           determination       determination
----------------------------------------------------------------------------------------------------------------
E--Adipic Acid Production.....  40 CFR 98.56(n).  Annual percent N2O     Not CBI.........  The annual facility
                                                   emission reduction                       percent N2O
                                                   for all production                       reduction could not
                                                   units combined.                          be used to calculate
                                                                                            adipic acid
                                                                                            production. The
                                                                                            level of N2O
                                                                                            reductions varies by
                                                                                            the type of
                                                                                            abatement
                                                                                            technology, the
                                                                                            environment in which
                                                                                            the abatement
                                                                                            technology is
                                                                                            operating, the age
                                                                                            of the abatement
                                                                                            technology, the age
                                                                                            of the catalyst
                                                                                            used, and the
                                                                                            maintenance level of
                                                                                            the abatement
                                                                                            technology.
H--Cement Kilns...............  40 CFR            Annual average         CBI.............  This data element
                                 98.86(b)(17).     clinker CO2 emission                     could be used to
                                                   factor for the                           back calculate a
                                                   facility, averaged                       facility's clinker
                                                   across all kilns                         production data,
                                                   (metric tons CO2/                        which would result
                                                   metric ton clinker                       in competitive
                                                   produced).                               disadvantage.
                                40 CFR            Annual average cement  CBI.............  This data element
                                 98.86(b)(18).     kiln dust (CKD) CO2                      could provide
                                                   emission factor for                      information about
                                                   the facility,                            the efficiency of
                                                   averaged across all                      the operation, which
                                                   kilns (metric tons                       would result in
                                                   CO2/metric ton CKD                       competitive
                                                   produced).                               disadvantage.
V--Nitric Acid Production.....  40 CFR 98.226(q)  Annual percent N2O     ND \a\..........  Refer to Section
                                                   emission reduction                       III.B of this
                                                   for all nitric acid                      preamble for the
                                                   trains combined.                         rationale for this
                                                                                            determination.
AA--Pulp and Paper............  40 CFR            For each pulp mill     Non-CBI.........  Release of this data
                                 98.276(l)(2).     lime kiln: Percent                       would not result in
                                                   of annual heat                           competitive harm
                                                   input, individually                      because lime kiln
                                                   for each fossil fuel                     fossil fuel use as a
                                                   type.                                    fraction of design
                                                                                            heat input was
                                                                                            reported to the EPA
                                                                                            as part of a 2011
                                                                                            ICR survey, and
                                                                                            facilities reporting
                                                                                            via the survey made
                                                                                            no CBI claims
                                                                                            regarding fuel type
                                                                                            and percent of
                                                                                            design heat input.
----------------------------------------------------------------------------------------------------------------
\a\ ND = No determination is being finalized.

B. Response to Public Comments

    The EPA received several comments related to the proposed 
confidentiality determinations for new data elements. Several 
commenters provided support for the EPA's proposed confidentiality 
determinations for new data elements proposed to be reported in 
subparts G, H, S, P, Y, and AA. These comments may be found in the 
EPA's comment response document in Docket ID No. EPA-HQ-OAR-2010-0929. 
We received several comments questioning the proposed confidentiality 
determination of several new data elements, including requests that the 
data elements be treated as confidential, or that the confidentiality 
be determined on a case-by-case basis, and summaries of these comments 
and EPA's responses thereto are provided below. Additional comments and 
the EPA's responses may be found in the comment response document noted 
above.
    Comment: One commenter provided comments on confidentiality 
determinations for new data elements proposed for subpart V (Nitric 
Acid Production). The commenter expressed support for the inclusion of 
the data element ``annual percent nitrous oxide emissions reduction for 
all production units combined'' (40 CFR 98.226(q)) in the ``Unit/
Process `Operating' Characteristics That Are Not Inputs to Emission 
Equations'' data category. However, the commenter disagreed with the 
EPA's proposed determination that the data element is considered not 
confidential. The commenter disagreed with the EPA's assertion that the 
data could not be used to calculate nitric acid production for an 
individual train because it is an aggregate number, stating that for 
facility with only a single nitric acid train with N2O 
abatement, this would not hold true. The commenter further asserted 
that the EPA was incorrect to assume that the data are publicly 
available through the voluntary Climate Action Reserve (CAR). The 
commenter stated that although some industry members participate in the 
CAR and release the information, several do not. The commenter 
contested that it is inappropriate for the EPA to base part of its 
decision on the voluntary reporting of some facilities. As an 
alternative, the commenter requested that the EPA not make a 
confidentiality determination for this data element as it has done for 
other data elements and, instead, allow individual reporters to assert 
CBI claims for the data element.
    Response: The EPA agrees with the commenter that the annual percent 
nitrous oxide emissions reduction for all production units combined is 
not publicly available on an annual basis through the CAR for all 
facilities reporting under this subpart, and notes that the EPA did not 
indicate such was the case in the proposed rule. At proposal, the EPA 
did not specifically consider the situation where a facility has only 
one nitric acid train. After further investigation in response to the 
comment received, the EPA agrees that, in cases where a facility has 
only one nitric acid train with N2O, the data element 
``annual percent nitrous oxide emissions reduction for all production 
units combined'' (40 CFR 98.226(q)) could be used to calculate nitric 
acid production. For facilities with only one nitric acid train with 
N2O abatement, the reporting of annual percent 
N2O emissions reductions, together with annual 
N2O emissions from nitric acid

[[Page 63777]]

production (as required to be reported in 40 CFR 98.3(c)(4)), the 
destruction efficiency (as required to be reported in 40 CFR 
98.226(i)), and the abatement utilization factor (as required to be 
reported in 40 CFR 98.226(j)), could be used to back-calculate the mass 
of nitric acid produced. Further, the EPA cannot conclude that in 
specific situations, if a facility adds a nitric acid train from one 
year to the next, and the EPA publishes this data for the year that the 
facility has two nitric acid trains, that data revealing the annual 
percent nitrous oxide emissions reductions for all production units 
combined could not be back-calculated or estimated for the previous 
year (when the facility had one nitric acid train.)
    However, if a facility reports this information to the CAR and it 
is publicly available, the EPA sees no reason why the same data could 
not be published through the Greenhouse Gas Reporting Program, 
regardless of the number of nitric acid trains at the facility. In 
light of the above, the EPA cannot make a confidentiality determination 
that applies to all facilities required to report this data element. 
Therefore, the EPA is not finalizing a confidentiality determination 
for this data element. In Table 6 of this preamble, the determination 
for this data element is designated as ``ND,'' which means that no 
determination has been made. The EPA will make a confidentiality 
determination for this data element on a case by case basis.
    Comment: One commenter provided support for the confidentiality 
determinations for three new data elements proposed in subpart Y: 
Annual quantity of flare gas combusted (40 CFR 98.256(e)(11)(i)); 
annual average molecular weight of flare gas combusted (40 CFR 
98.256(e)(11)(ii)); and annual average carbon content of flare gas 
combusted (40 CFR 98.256(e)(11)(iii)). The three data elements, which 
are only required when using Equation Y-3 of subpart Y, were assigned 
to the ``Unit/Process `Operating' Characteristics that Are Not Inputs 
to Emission Equations'' Data Category'' and were not classified as CBI 
in the proposal. Another commenter disagreed with the EPA's 
determination that these data are not confidential. The commenter 
explained that the flared gases are process gases, and would reveal 
characteristics of iron and steel processes. The commenter stated that 
the data elements may reveal operating efficiency, provide information 
that would allow competitors to infer production costs and process 
characteristics, and enable them to gain a competitive advantage. The 
commenter asserted that the data elements are CBI and must be 
considered CBI in the final rule.
    Response: The EPA proposed to collect these three data elements to 
assist the EPA in verifying reported GHG emissions associated with 
flaring gas when Equation Y-3 is used. The EPA is not finalizing the 
reporting of these data elements. Refer to Section II.D.2 of this 
preamble for further discussion of the EPA's rationale for this 
decision.

IV. Impacts of the Final Rule

    The EPA has determined that the cost associated with this final 
action will be $438,000 in the first year of implementation and $55,000 
in each subsequent year, as further summarized below. A full discussion 
of the impacts may be found in the memorandum, ``Assessment of Cost 
Impacts of 2015 Inputs Proposal--Revisions to Reporting, Recordkeeping, 
and Verification Requirements Under the Greenhouse Gas Reporting 
Program,'' August 2013, available in the EPA's Docket ID No. EPA-HQ-
OAR-2010-0929.

A. How were the costs of this final rule estimated?

1. Inputs Verification Tool
    The data elements required to be used for calculating the annual 
GHG emissions values, and the cost associated with collecting these 
data elements, have not changed from the estimate made during the 
original rulemaking process. The time associated with entry of these 
inputs to emission equations into e-GGRT (including into the new IVT) 
is expected to be equivalent to the time originally anticipated for 
data entry. Prior to using IVT, as currently required, reporters must 
use their own calculation tool (e.g., calculator, calculation software) 
to calculate the annual GHG emissions values, using the same sets of 
equations and entering the same data elements that they would enter 
into the tool.
    The EPA does recognize however that there may be some time 
associated with learning the new procedures for IVT and we have 
estimated a cost of approximately $67 per facility, or $383,000 for the 
first year for all affected facilities. During their first session 
using IVT, reporters would need to spend approximately one hour to 
become familiar with how the tool operates within e-GGRT. The 
requirement to use IVT would not result in any change in the respondent 
activity of entering these data into e-GGRT. Once the reporter has 
become familiar with the tool, the EPA does not anticipate any 
additional burden. The cost includes technical, clerical, and 
managerial labor hours. For further information about this cost 
estimate, refer to the memorandum ``Assessment of Cost Impacts of 2015 
Inputs Final Rule--Revisions to Reporting, Recordkeeping, and 
Verification Requirements Under the Greenhouse Gas Reporting Program'' 
September 2014 and the supporting statement for the information 
collection request, ``Supporting Statement, Environmental Protection 
Agency: Revisions to Reporting and Recordkeeping Requirements, and 
Final Confidentiality Determinations Under the Greenhouse Gas Reporting 
Program, Office of Management and Budget (OMB) Control Number 2060-
0629, ICR Number 2300.12,'' both available in Docket ID No. EPA-HQ-OAR-
2010-0929.
2. New Data Elements
    We are adding 21 new data elements that were not previously 
required to be reported under Part 98 (see Section II.D of this 
preamble for further discussion). These data elements must be reported 
by facilities in certain subparts that are required to use IVT. Of 
these 21 data elements, seven data elements are related to annual 
production or raw material usage, which are collected by a facility as 
a routine part of conducting business. For these data elements, we are 
not requiring that reporters comply with specific data collection or 
monitoring requirements beyond the methods commonly used for accounting 
purposes. The other 14 data elements to be reported are calculated 
values using data currently required to be collected to perform 
emissions calculations. For all of these additional data elements, the 
EPA has estimated a nominal additional cost to report the data element 
and fulfill the recordkeeping requirements. The total costs associated 
with reporting and recordkeeping for the 21 data elements in 9 subparts 
is $55,000. These costs represent the cost for all affected facilities 
in the first year.

B. Do the final confidentiality determinations change the impacts of 
the final amendments?

    The final confidentiality determinations for the new data elements 
would not affect whether and how data are reported and, therefore, 
would not impose any additional burden on sources. Whether a data 
reporting element is determined to be CBI, not CBI, or emission data, 
the reporting element is reported to the EPA through e-GGRT in the same 
manner.

[[Page 63778]]

V. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    The information collection requirements in this final rule have 
been submitted for approval to the OMB under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. The Information Collection Request (ICR) 
document prepared by the EPA has been assigned EPA ICR number 2300.12. 
The information collection requirements are not enforceable until OMB 
approves them.
    This action finalizes amendments to reporting and recordkeeping 
requirements and verification procedures for the GHGRP. In addition, 
the EPA is publishing confidentiality determinations for the new data 
elements added in this action. The amendments to the reporting 
requirements in the source category-specific subparts are not 
anticipated to result in significant burden for reporters. The data 
elements required to be reported are expected to be readily available 
for affected facilities, or easily calculated using data already 
required to be collected (e.g., a monthly value was previously reported 
and an annual value is to be reported).
    Impacts associated with the changes to the reporting requirements 
in each subpart are detailed in the memorandum ``Assessment of Cost 
Impacts of 2015 Inputs Final Rule--Revisions to Reporting, 
Recordkeeping, and Verification Requirements under the Greenhouse Gas 
Reporting Program,'' September 2014, (see Docket ID No. EPA-HQ-OAR-
2010-0929). Burden is defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When this ICR 
is approved by OMB, the Agency will publish a technical amendment to 40 
CFR part 9 in the Federal Register to display the OMB control number 
for the approved information collection requirements contained in this 
final rule.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of these final rule 
amendments and confidentiality determinations on small entities, small 
entity is defined as: (1) A small business as defined by the Small 
Business Administration's (SBA) 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; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field. After considering the economic impacts of these 
final amendments 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 these final rule 
amendments include small businesses across all sectors of the economy 
encompassed by Part 98, small governmental jurisdictions, and small 
non-profits. We have determined that these facilities will experience 
impacts of roughly a first-year cost of $67 per facility for learning 
new procedures for the verification tool and an annual cost of $93 per 
facility for the recordkeeping and reporting of 21 new data elements.
    Although these final rule amendments 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. The EPA supports a ``help desk'' for the GHGRP, which will be 
available to answer questions on the provisions in this final 
rulemaking.

D. Unfunded Mandates Reform Act (UMRA)

    The final 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. This action finalizes 
the following requirements: (1) Requirements for certain reporters 
under 23 subparts to use an EPA-provided IVT instead of reporting 
certain data elements for which disclosure concerns have been 
identified, (2) lengthening the record retention time for reporters 
required to use IVT, and (3) new data elements to be reported for 
certain reporters using IVT and confidentiality determinations for 
these new data element. As discussed in Section IV of this preamble, 
for the first year, the total collective impact on regulated entities 
is (1) $383,000, or $67 per entity, for using IVT; and (2) $55,000, or 
$93 per entity, for the final new data elements to be reported. Thus, 
the final amendments and confidentiality determinations are not subject 
to the requirements of sections 202 or 205 of UMRA.
    This final rule is also not subject to the requirements of section 
203 of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This action amends 
reporting and recordkeeping requirements and verification procedures 
for certain reporters in the GHGRP. In addition, the EPA is finalizing 
confidentiality determinations for the new data elements added in this 
action. As discussed in Section IV of this preamble, the total 
collective impact on regulated entities is $438,000 in the first year, 
and $55,000 annually thereafter. Because this impact on each individual 
facility is estimated to be approximately $67-$160 in the first year 
and $93 annually thereafter, the EPA has determined that the provisions 
in this action will not significantly impact small governments. In 
addition, because none of the provisions apply specifically to small 
governments, the EPA has determined that the provisions in this action 
will not uniquely impact small governments. Therefore, this action is 
not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    The final rule 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. The final amendments and 
confidentiality determinations apply to facilities that directly emit 
greenhouses gases and fuel and chemicals suppliers. These changes do 
not apply to governmental entities unless the government entity owns a 
facility that directly emits GHGs above threshold levels (such as a 
large

[[Page 63779]]

stationary combustion device), so relatively few government facilities 
will be affected. Moreover, for government facilities that are subject 
to the rule, the final revisions will not have a significant cost 
impact. This final rule 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 rule.

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

    This final rule does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). The final 
amendments and confidentiality determinations apply directly to 
facilities that directly emit GHGs or that are suppliers of GHGs. They 
will not have tribal implications unless the tribal entity owns a 
facility that directly emits GHGs 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 
final rule is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate health or 
safety risks.

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

    This final rule is not a ``significant energy action'' as defined 
in Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Part 98 relates to monitoring, 
reporting, and recordkeeping and does not impact energy supply, 
distribution, or use. This final rule amends reporting and 
recordkeeping requirements and verification procedures for the GHGRP. 
In addition, the EPA is finalizing confidentiality determinations for 
the new data elements added in this rulemaking. These final amendments 
and confidentiality determinations do not make any changes to the 
existing monitoring, recordkeeping, or reporting requirements under 
Part 98 that affect the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the EPA to provide 
Congress, through the OMB, explanations when the Agency decides not to 
use available and applicable voluntary consensus standards.
    This final rulemaking does not involve any new technical standards. 
Therefore, the EPA is not considering the use of any voluntary 
consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest 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 these final rule amendments and 
confidentiality determinations will not have disproportionately high 
and adverse human health or environmental effects on minority or low-
income populations because the amendments do not affect the level of 
protection provided to human health or the environment. This is because 
the final amendments address information collection and reporting and 
verification procedures.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on November 24, 2014.

List of Subjects 40 CFR Part 98

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

    Dated: September 26, 2014.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, the Environmental 
Protection Agency amends title 40, chapter I, of the Code of Federal 
Regulations as follows:

PART 98--MANDATORY GREENHOUSE GAS REPORTING

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

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

Subpart A--General Provision

0
2. Section 98.3 is amended by revising paragraphs (c)(4)(vii), 
(d)(3)(v), (g) introductory text, and (g)(2)(i) to read as follows:


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

* * * * *
    (c) * * *
    (4) * * *
    (vii) The owner or operator of a facility is not required to report 
the data elements specified in Table A-6 of this subpart for calendar 
years 2010 through 2011 until March 31, 2013. The owner or operator of 
a facility is not required to report the data elements specified in 
Table A-7 of this subpart for calendar years 2010 through 2013 until 
March 31, 2015 (as part of the annual report for reporting year 2014), 
except as otherwise specified in Table A-7 of this subpart.
* * * * *
    (d) * * *
    (3) * * *

[[Page 63780]]

    (v) For each stationary fuel combustion source that meets the 
criteria specified in Sec.  98.36(f), report any facility operating 
data or process information used for the GHG emission calculations. A 
stationary fuel combustion source that does not meet the criteria 
specified in Sec.  98.36(f) must either report the data specified in 
this paragraph (d)(3)(v) in the annual report or use verification 
software according to Sec.  98.5(b) in lieu of reporting the data 
specified in this paragraph.
* * * * *
    (g) Recordkeeping. An owner or operator that is required to report 
GHGs under this part must keep records as specified in this paragraph 
(g). Except as otherwise provided in this paragraph, retain all 
required records for at least 3 years from the date of submission of 
the annual GHG report for the reporting year in which the record was 
generated. The records shall be kept in an electronic or hard-copy 
format (as appropriate) and recorded in a form that is suitable for 
expeditious inspection and review. If the owner or operator of a 
facility is required under Sec.  98.5(b) to use verification software 
specified by the Administrator, then all records required for the 
facility under this part must be retained for at least 5 years from the 
date of submission of the annual GHG report for the reporting year in 
which the record was generated, starting with records for reporting 
year 2010. Upon request by the Administrator, the records required 
under this section must be made available to EPA. Records may be 
retained off site if the records are readily available for expeditious 
inspection and review. For records that are electronically generated or 
maintained, the equipment or software necessary to read the records 
shall be made available, or, if requested by EPA, electronic records 
shall be converted to paper documents. You must retain the following 
records, in addition to those records prescribed in each applicable 
subpart of this part:
* * * * *
    (2) * * *
    (i) The GHG emissions calculations and methods used. For data 
required by Sec.  98.5(b) to be entered into verification software 
specified in Sec.  98.5(b), maintain the entered data in the format 
generated by the verification software according to Sec.  98.5(b).
* * * * *

0
3. Section 98.5 is revised to read as follows:


Sec.  98.5  How is the report submitted?

    (a) Each GHG report and certificate of representation for a 
facility or supplier must be submitted electronically in accordance 
with the requirements of Sec.  98.4 and in a format specified by the 
Administrator.
    (b) For reporting year 2014 and thereafter, you must enter into 
verification software specified by the Administrator the data specified 
in the verification software records provision in each applicable 
recordkeeping section. For each data element entered into the 
verification software, if the software produces a warning message for 
the data value and you elect not to revise the data value, you may 
provide an explanation in the verification software of why the data 
value is not being revised.

0
4. Table A-7 to Subpart A of Part 98 is revised to read as follows:

   Table A-7 to Subpart A of Part 98--Data Elements That Are Inputs to
  Emission Equations and for Which the Reporting Deadline Is March 31,
                                  2015
------------------------------------------------------------------------
                                                       Specific data
                                                     elements for which
                                                     reporting date is
                                                       March 31, 2015
                                Rule citation (40    (``All'' means all
            Subpart                CFR part 98)     data elements in the
                                                    cited paragraph are
                                                     not required to be
                                                    reported until March
                                                         31, 2015)
------------------------------------------------------------------------
A.............................  98.3(d)(3)(v)....  All.\a\
C.............................  98.36(b)(9)(iii).  Only estimate of the
                                                    heat input.\a\
C.............................  98.36(c)(2)(ix)..  Only estimate of the
                                                    heat input from each
                                                    type of fuel listed
                                                    in Table C-2 of
                                                    subpart C of this
                                                    part.\a\
C.............................  98.36(e)(2)(i)...  All.\a\
C.............................  98.36(e)(2)(ii)(A  All.\a\
                                 ).
C.............................  98.36(e)(2)(ii)(C  Only HHV value for
                                 ).                 each calendar month
                                                    in which HHV
                                                    determination is
                                                    required.\a\
C.............................  98.36(e)(2)(ii)(D  All.\a\
                                 ).
C.............................  98.36(e)(2)(iv)(A  All.\a\
                                 ).
C.............................  98.36(e)(2)(iv)(C  All.\a\
                                 ).
C.............................  98.36(e)(2)(iv)(F  All.\a\
                                 ).
C.............................  98.36(e)(2)(ix)(D  All.\a\
                                 ).
C.............................  98.36(e)(2)(ix)(E  All.\a\
                                 ).
C.............................  98.36(e)(2)(ix)(F  All.\a\
                                 ).
E.............................  98.56(g).........  All.
E.............................  98.56(h).........  All.
E.............................  98.56(j)(4)......  All.
E.............................  98.56(j)(5)......  All.
E.............................  98.56(j)(6)......  All.
E.............................  98.56(l).........  All.
H.............................  98.86(b)(11).....  All.
H.............................  98.86(b)(13).....  Name of raw kiln feed
                                                    or raw material.
L.............................  98.126(b)(1).....  Only data used in
                                                    calculating the
                                                    absolute errors and
                                                    data used in
                                                    calculating the
                                                    relative errors.
L.............................  98.126(b)(2).....  All.
L.............................  98.126(b)(6).....  Only mass of each
                                                    fluorine-containing
                                                    reactant fed into
                                                    the process.
L.............................  98.126(b)(7).....  Only mass of each
                                                    fluorine-containing
                                                    product produced by
                                                    the process.
L.............................  98.126(b)(8)(i)..  Only mass of each
                                                    fluorine-containing
                                                    product that is
                                                    removed from the
                                                    process and fed into
                                                    the destruction
                                                    device.

[[Page 63781]]

 
L.............................  98.126(b)(8)(ii).  Only mass of each
                                                    fluorine-containing
                                                    by-product that is
                                                    removed from the
                                                    process and fed into
                                                    the destruction
                                                    device.
L.............................  98.126(b)(8)(iii)  Only mass of each
                                                    fluorine-containing
                                                    reactant that is
                                                    removed from the
                                                    process and fed into
                                                    the destruction
                                                    device.
L.............................  98.126(b)(8)(iv).  Only mass of each
                                                    fluorine-containing
                                                    by-product that is
                                                    removed from the
                                                    process and
                                                    recaptured.
L.............................  98.126(b)(8)(v)..  All.
L.............................  98.126(b)(9)(i)..  All.
L.............................  98.126(b)(9)(ii).  All.
L.............................  98.126(b)(9)(iii)  All.
L.............................  98.126(b)(10)....  All.
L.............................  98.126(b)(11)....  All.
L.............................  98.126(b)(12)....  All.
L.............................  98.126(c)(1).....  Only quantity of the
                                                    process activity
                                                    used to estimate
                                                    emissions.
L.............................  98.126(c)(2).....  All.
L.............................  98.126(d)........  Only estimate of
                                                    missing data.
L.............................  98.126(f)(1).....  All.
L.............................  98.126(g)(1).....  All.
L.............................  98.126(h)(2).....  All.
O.............................  98.156(d)(2).....  All.
O.............................  98.156(d)(3).....  All.
O.............................  98.156(d)(4).....  All.
Q.............................  98.176(f)(1).....  All.
W.............................  98.236(c)(1)(i)..  All.
W.............................  98.236(c)(1)(ii).  All.
W.............................  98.236(c)(1)(iii)  All.
W.............................  98.236(c)(2)(i)..  All.
W.............................  98.236(c)(3)(i)..  All.
W.............................  98.236(c)(3)(ii).  Only Calculation
                                                    Methodology 2 of
                                                    Sec.   98.233(d).
W.............................  98.236(c)(3)(iii)  All.
W.............................  98.236(c)(3)(iv).  All.
W.............................  98.236(c)(4)(i)(A  All.
                                 ).
W.............................  98.236(c)(4)(i)(B  All.
                                 ).
W.............................  98.236(c)(4)(i)(C  All.
                                 ).
W.............................  98.236(c)(4)(i)(D  All.
                                 ).
W.............................  98.236(c)(4)(i)(E  All.
                                 ).
W.............................  98.236(c)(4)(i)(F  All.
                                 ).
W.............................  98.236(c)(4)(i)(G  All.
                                 ).
W.............................  98.236(c)(4)(i)(H  All.
                                 ).
W.............................  98.236(c)(4)(ii)(  All.
                                 A).
W.............................  98.236(c)(5)(i)(D  All.
                                 ).
W.............................  98.236(c)(5)(ii)(  All.
                                 C).
W.............................  98.236(c)(6)(i)(B  All.\b\
                                 ).
W.............................  98.236(c)(6)(i)(D  All.\b\
                                 ).
W.............................  98.236(c)(6)(i)(E  All.\b\
                                 ).
W.............................  98.236(c)(6)(i)(F  All.\b\
                                 ).
W.............................  98.236(c)(6)(i)(G  Only the amount of
                                 ).                 natural gas
                                                    required.
W.............................  98.236(c)(6)(i)(H  Only the amount of
                                 ).                 natural gas
                                                    required.
W.............................  98.236(c)(6)(ii)(  All.
                                 A).
W.............................  98.236(c)(6)(ii)(  All.
                                 B).
W.............................  98.236(c)(7)(i)(A  Only for Equation W-
                                 ).                 14A of Sec.
                                                    98.233.
W.............................  98.236(c)(8)(i)(F  All.\b\
                                 ).
W.............................  98.236(c)(8)(i)(K  All.
                                 ).
W.............................  98.236(c)(8)(ii)(  All.\b\
                                 A).
W.............................  98.236(c)(8)(ii)(  All.
                                 H).
W.............................  98.236(c)(8)(iii)  All.
                                 (A).
W.............................  98.236(c)(8)(iii)  All.
                                 (B).
W.............................  98.236(c)(8)(iii)  All.
                                 (G).
W.............................  98.236(c)(12)(ii)  All.
W.............................  98.236(c)(12)(v).  All.
W.............................  98.236(c)(13)(i)(  All.
                                 E).
W.............................  98.236(c)(13)(i)(  All.
                                 F).
W.............................  98.236(c)(13)(ii)  All.
                                 (A).
W.............................  98.236(c)(13)(ii)  All.
                                 (B).
W.............................  98.236(c)(13)(iii  All.
                                 )(A).
W.............................  98.236(c)(13)(iii  All.
                                 )(B).

[[Page 63782]]

 
W.............................  98.236(c)(13)(v)(  All.
                                 A).
W.............................  98.236(c)(14)(i)(  All.
                                 B).
W.............................  98.236(c)(14)(ii)  All.
                                 (A).
W.............................  98.236(c)(14)(ii)  All.
                                 (B).
W.............................  98.236(c)(14)(iii  All.
                                 )(A).
W.............................  98.236(c)(14)(iii  All.
                                 )(B).
W.............................  98.236(c)(14)(v)(  All.
                                 A).
W.............................  98.236(c)(15)(ii)  All.
                                 (A).
W.............................  98.236(c)(15)(ii)  All.
                                 (B).
W.............................  98.236(c)(16)(vii  All.
                                 i).
W.............................  98.236(c)(16)(ix)  All.
W.............................  98.236(c)(16)(x).  All.
W.............................  98.236(c)(16)(xi)  All.
W.............................  98.236(c)(16)(xii  All.
                                 ).
W.............................  98.236(c)(16)(xii  All.
                                 i).
W.............................  98.236(c)(16)(xiv  All.
                                 ).
W.............................  98.236(c)(16)(xv)  All.
W.............................  98.236(c)(16)(xvi  All.
                                 ).
W.............................  98.236(c)(17)(ii)  All.
W.............................  98.236(c)(17)(iii  All.
                                 ).
W.............................  98.236(c)(17)(iv)  All.
W.............................  98.236(c)(18)(i).  All.
W.............................  98.236(c)(18)(ii)  All.
W.............................  98.236(c)(19)(iv)  All.
W.............................  98.236(c)(19)(vii  All.
                                 ).
Y.............................  98.256(h)(5)(i)..  Only value of the
                                                    correction.
Y.............................  98.256(k)(4).....  Only mole fraction of
                                                    methane in coking
                                                    gas.
Y.............................  98.256(n)(3).....  All (if used in
                                                    Equation Y-21 of
                                                    Sec.   98.253 to
                                                    calculate emissions
                                                    from equipment
                                                    leaks).
Y.............................  98.256(o)(4)(vi).  Only tank-specific
                                                    methane composition
                                                    data and gas
                                                    generation rate
                                                    data.
AA............................  98.276(e)........  All.
CC............................  98.296(b)(10)(i).  All.
CC............................  98.296(b)(10)(ii)  All.
CC............................  98.296(b)(10)(iii  All.
                                 ).
CC............................  98.296(b)(10)(iv)  All.
CC............................  98.296(b)(10)(v).  All.
CC............................  98.296(b)(10)(vi)  All.
II............................  98.356(d)(2).....  All (if conducting
                                                    weekly sampling).
II............................  98.356(d)(3).....  All (if conducting
                                                    weekly sampling).
II............................  98.356(d)(4).....  Only weekly average
                                                    temperature (if
                                                    conducting weekly
                                                    sampling).
II............................  98.356(d)(5).....  Only weekly average
                                                    moisture content (if
                                                    conducting weekly
                                                    sampling).
II............................  98.356(d)(6).....  Only weekly average
                                                    pressure (if
                                                    conducting weekly
                                                    sampling).
------------------------------------------------------------------------
\a\ Required to be reported only by: (1) Stationary fuel combustion
  sources (e.g., individual units, aggregations of units, common pipes,
  or common stacks) subject to subpart C of this part that contain at
  least one combustion unit connected to a fuel-fired electric generator
  owned or operated by an entity that is subject to regulation of
  customer billing rates by the PUC (excluding generators connected to
  combustion units subject to 40 CFR part 98, subpart D) and that are
  located at a facility for which the sum of the nameplate capacities
  for all such electric generators is greater than or equal to 1
  megawatt electric output; and (2) stationary fuel combustion sources
  (e.g., individual units, aggregations of units, common pipes, or
  common stacks) subject to subpart C of this part that do not meet the
  criteria in (1) of this footnote that elect to report these data
  elements, as provided in Sec.   98.36(a), for reporting year 2014.
\b\ This rule citation provides an option to delay reporting of this
  data element for certain wildcat wells and/or delineation wells.

Subpart C--General Stationary Fuel Combustion Sources

0
5. Section 98.36 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (b)(9)(iii) and adding paragraph (b)(9)(iv);
0
c. Revising paragraphs (c)(2)(ix) and (x);
0
d. Revising paragraph (e)(2)(ii)(C) and adding paragraph (e)(2)(ii)(E); 
and
0
e. Adding paragraph (f).
0
The revisions and additions read as follows:


Sec.  98.36  Data reporting requirements.

    (a) In addition to the facility-level information required under 
Sec.  98.3, the annual GHG emissions report shall contain the unit-
level or process-level data specified in paragraphs (b) through (f) of 
this section, as applicable, for each stationary fuel combustion source 
(e.g., individual unit, aggregation of units, common pipe, or common 
stack) except as otherwise provided in this paragraph (a). For the data 
specified in paragraphs (b)(9)(iii), (c)(2)(ix), (e)(2)(i), 
(e)(2)(ii)(A), (e)(2)(ii)(C), (e)(2)(ii)(D), (e)(2)(iv)(A), 
(e)(2)(iv)(C), (e)(2)(iv)(F), and (e)(2)(ix)(D) through (F) of this 
section, the owner or operator of a stationary fuel combustion source 
that does not meet the criteria specified in paragraph

[[Page 63783]]

(f) of this section may elect either to report the data specified in 
this sentence in the annual report or to use verification software 
according to Sec.  98.5(b) in lieu of reporting these data. If you 
elect to use this verification software, you must use the verification 
software according to Sec.  98.5(b) for all of these data that apply to 
the stationary fuel combustion source.
    (b) * * *
    (9) * * *
    (iii) An estimate of the heat input from each type of fuel listed 
in Table C-2 of this subpart that was combusted in the unit during the 
report year.
    (iv) The annual CH4 and N2O emissions for 
each type of fuel listed in Table C-2 of this subpart that was 
combusted in the unit during the report year, expressed in metric tons 
of each gas and in metric tons of CO2e.
* * * * *
    (c) * * *
    (2) * * *
    (ix) An estimate of the heat input from each type of fuel listed in 
Table C-2 of this subpart that was combusted in the units sharing the 
common stack or duct during the report year.
    (x) For each type of fuel listed in Table C-2 of this subpart that 
was combusted during the report year in the units sharing the common 
stack or duct during the report year, the annual CH4 and 
N2O mass emissions from the units sharing the common stack 
or duct, expressed in metric tons of each gas and in metric tons of 
CO2e.
* * * * *
    (e) * * *
    (2) * * *
    (ii) * * *
    (C) The high heat values used in the CO2 emissions 
calculations for each type of fuel combusted during the reporting year, 
in mmBtu per short ton for solid fuels, mmBtu per gallon for liquid 
fuels, and mmBtu per scf for gaseous fuels. Report a HHV value for each 
calendar month in which HHV determination is required. If multiple 
values are obtained in a given month, report the arithmetic average 
value for the month.
* * * * *
    (E) For each HHV used in the CO2 emissions calculations 
for each type of fuel combusted during the reporting year, indicate 
whether the HHV is a measured value or a substitute data value.
* * * * *
    (f) Each stationary fuel combustion source (e.g., individual unit, 
aggregation of units, common pipe, or common stack) subject to 
reporting under paragraph (b) or (c) of this section must indicate if 
both of the following two conditions are met:
    (1) The stationary fuel combustion source contains at least one 
combustion unit connected to a fuel-fired electric generator owned or 
operated by an entity that is subject to regulation of customer billing 
rates by the public utility commission (excluding generators that are 
connected to combustion units that are subject to subpart D of this 
part).
    (2) The stationary fuel combustion source is located at a facility 
for which the sum of the nameplate capacities for all electric 
generators specified in paragraph (f)(1) of this section is greater 
than or equal to 1 megawatt electric output.

0
6. Section 98.37 is revised to read as follows:


Sec.  98.37  Records that must be retained.

    In addition to the requirements of Sec.  98.3(g), you must retain:
    (a) The applicable records specified in Sec. Sec.  98.34(f) and 
(g), 98.35(b), and 98.36(e).
    (b) Verification software records. For each stationary fuel 
combustion source that elects to use the verification software 
specified in Sec.  98.5(b) rather than report data specified in 
paragraphs (b)(9)(iii), (c)(2)(ix), (e)(2)(i), (e)(2)(ii)(A), 
(e)(2)(ii)(C), (e)(2)(ii)(D), (e)(2)(iv)(A), (e)(2)(iv)(C), 
(e)(2)(iv)(F), and (e)(2)(ix)(D) through (F) of this section, you must 
keep a record of the file generated by the verification software for 
the applicable data specified in paragraphs (b)(1) through (36) of this 
section. Retention of this file satisfies the recordkeeping requirement 
for the data in paragraphs (b)(1) through (36) of this section.
    (1) Mass of each solid fuel combusted (tons/year) (Equation C-1 of 
Sec.  98.33).
    (2) Volume of each liquid fuel combusted (gallons/year) (Equation 
C-1).
    (3) Volume of each gaseous fuel combusted (scf/year) (Equation C-
1).
    (4) Annual natural gas usage (therms/year) (Equation C-1a of Sec.  
98.33).
    (5) Annual natural gas usage (mmBtu/year) (Equation C-1b of Sec.  
98.33).
    (6) Mass of each solid fuel combusted (tons/year) (Equation C-2a of 
Sec.  98.33).
    (7) Volume of each liquid fuel combusted (gallons/year) (Equation 
C-2a).
    (8) Volume of each gaseous fuel combusted (scf/year) (Equation C-
2a).
    (9) Measured high heat value of each solid fuel, for month (which 
may be the arithmetic average of multiple determinations), or, if 
applicable, an appropriate substitute data value (mmBtu per ton) 
(Equation C-2b of Sec.  98.33).
    (10) Measured high heat value of each liquid fuel, for month (which 
may be the arithmetic average of multiple determinations), or, if 
applicable, an appropriate substitute data value (mmBtu per gallons) 
(Equation C-2b).
    (11) Measured high heat value of each gaseous fuel, for month 
(which may be the arithmetic average of multiple determinations), or, 
if applicable, an appropriate substitute data value (mmBtu per scf) 
(Equation C-2b).
    (12) Mass of each solid fuel combusted during month (tons) 
(Equation C-2b).
    (13) Volume of each liquid fuel combusted during month (gallons) 
(Equation C-2b).
    (14) Volume of each gaseous fuel combusted during month (scf) 
(Equation C-2b).
    (15) Total mass of steam generated by municipal solid waste or each 
solid fuel combustion during the reporting year (pounds steam) 
(Equation C-2c of Sec.  98.33).
    (16) Ratio of the boiler's maximum rated heat input capacity to its 
design rated steam output capacity (MMBtu/pounds steam) (Equation C-
2c).
    (17) Annual mass of each solid fuel combusted (short tons/year) 
(Equation C-3 of Sec.  98.33).
    (18) Annual average carbon content of each solid fuel (percent by 
weight, expressed as a decimal fraction) (Equation C-3).
    (19) Annual volume of each liquid fuel combusted (gallons/year) 
(Equation C-4 of Sec.  98.33).
    (20) Annual average carbon content of each liquid fuel (kg C per 
gallon of fuel) (Equation C-4).
    (21) Annual volume of each gaseous fuel combusted (scf/year) 
(Equation C-5 of Sec.  98.33).
    (22) Annual average carbon content of each gaseous fuel (kg C per 
kg of fuel) (Equation C-5).
    (23) Annual average molecular weight of each gaseous fuel (kg/kg-
mole) (Equation C-5).
    (24) Molar volume conversion factor at standard conditions, as 
defined in Sec.  98.6 (scf per kg-mole) (Equation C-5).
    (25) Identify for each fuel if you will use the default high heat 
value from Table C-1 of this subpart, or actual high heat value data 
(Equation C-8 of Sec.  98.33).
    (26) High heat value of each solid fuel (mmBtu/tons) (Equation C-
8).
    (27) High heat value of each liquid fuel (mmBtu/gallon) (Equation 
C-8).
    (28) High heat value of each gaseous fuel (mmBtu/scf) (Equation C-
8).

[[Page 63784]]

    (29) Cumulative annual heat input from combustion of each fuel 
(mmBtu) (Equation C-10 of Sec.  98.33).
    (30) Total quantity of each solid fossil fuel combusted in the 
reporting year, as defined in Sec.  98.6 (pounds) (Equation C-13 of 
Sec.  98.33).
    (31) Total quantity of each liquid fossil fuel combusted in the 
reporting year, as defined in Sec.  98.6 (gallons) (Equation C-13).
    (32) Total quantity of each gaseous fossil fuel combusted in the 
reporting year, as defined in Sec.  98.6 (scf) (Equation C-13).
    (33) High heat value of the each solid fossil fuel (Btu/lb) 
(Equation C-13).
    (34) High heat value of the each liquid fossil fuel (Btu/gallons) 
(Equation C-13).
    (35) High heat value of the each gaseous fossil fuel (Btu/scf) 
(Equation C-13).
    (36) Fuel-specific carbon based F-factor per fuel (scf 
CO2/mmBtu) (Equation C-13).

Subpart E--Adipic Acid Production

0
7. Section 98.56 is amended by:
0
a. Revising the introductory text;
0
b. Removing and reserving paragraphs (b), (c), and (j)(1) and (3); and
0
c. Adding paragraphs (m) and (n).
    The revisions and additions read as follows:


Sec.  98.56  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c), each 
annual report must contain the information specified in paragraphs (a) 
through (n) of this section at the facility level.
* * * * *
    (m) If only cyclohexane is oxidized to produce adipic acid and the 
quantity is known, report the information specified in paragraph (m)(1) 
of this section. If materials other than cyclohexane are oxidized to 
produce adipic acid, report the information specified in paragraph 
(m)(2) of this section.
    (1) Annual quantity of cyclohexane (tons) used to produce adipic 
acid.
    (2) Annual quantity of cyclohexanone and cyclohexanol mixture 
(tons) used to produce adipic acid.
    (n) Annual percent N2O emission reduction for all 
production units combined.

0
8. Section 98.57 is amended by revising the introductory text and 
adding paragraph (i) to read as follows:


Sec.  98.57  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (i) of this 
section at the facility level:
* * * * *
    (i) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (i)(1) through (3) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (i)(1) through (3) of this 
section.
    (1) Annual adipic acid production from each adipic acid production 
unit (tons) (Equations E-2, E-3a, E-3b, E-3c, and E-3d of Sec.  98.53).
    (2) Production rate per test run during the performance test for 
each production unit test run (tons adipic acid produced/hr) (Equation 
E-1 of Sec.  98.53).
    (3) Annual adipic acid production per N2O abatement 
technology during which N2O abatement technology was used 
(tons adipic acid produced) (Equation E-2).

Subpart F--Aluminum Production

0
9. Section 98.66 is amended by:
0
a. Removing and reserving paragraphs (a) and (c)(2);
0
b. Revising paragraphs (c)(3), (e)(1), and (f)(1); and
0
c. Removing and reserving paragraph (g).
    The revisions read as follows:


Sec.  98.66  Data reporting requirements.

* * * * *
    (c) * * *
    (3) The last date when the smelter-specific-slope coefficients (or 
overvoltage emission factors) were measured.
* * * * *
    (e) * * *
    (1) Annual anode consumption if using the method in Sec.  98.63(g).
* * * * *
    (f) * * *
    (1) Annual paste consumption if using the method in Sec.  98.63(g).
* * * * *

0
10. Section 98.67 is amended by adding paragraph (i) to read as 
follows:


Sec.  98.67  Records that must be retained.

* * * * *
    (i) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (i)(1) through (30) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (i)(1) through (30) of this 
section.
    (1) Slope coefficient per potline per month (kg CF4/
metric ton Al)/(AE-Mins/cell-day)) (Equation F-2 of Sec.  98.63).
    (2) Anode effect minutes per cell-day per potline per month (AE-
Mins/cell-day) (Equation F-2).
    (3) Anode effect frequency per potline per month (AE/
cell[hyphen]day) (Equation F-2).
    (4) Anode effect duration per potline per month (minutes) (Equation 
F-2).
    (5) Metal production of aluminum per potline per month (metric 
tons) (Equation F-2).
    (6) Overvoltage emission factor per potline per month (kg CF4/
metric ton Al) (Equation F-3 of Sec.  98.63).
    (7) Metal production of aluminum per potline per month (metric 
tons) (Equation F-3).
    (8) Weight fraction of C2F6/CF4 per potline 
per month (kg C2F6/kg CF4) (Equation 
F-4 of Sec.  98.63).
    (9) Net annual prebaked anode consumption (metric tons C/metric 
tons Al) (Equation F-5 of Sec.  98.63).
    (10) Annual metal production of aluminum (metric tons) (Equation F-
5).
    (11) Sulfur content in baked anode (weight percent) (Equation F-5).
    (12) Ash content in baked anode (weight percent) (Equation F-5).
    (13) Annual paste consumption (metric ton/metric ton Al) (Equation 
F-6 of Sec.  98.63).
    (14) Annual metal production of aluminum (metric tons) (Equation F-
6).
    (15) Annual emissions of cyclohexane soluble matter (kg/metric ton 
Al) (Equation F-6).
    (16) Binder content of paste (weight percent) (Equation F-6).
    (17) Sulfur content of pitch (weight percent) (Equation F-6).
    (18) Ash content of pitch (weight percent) (Equation F-6).
    (19) Hydrogen content of pitch (weight percent) (Equation F-6).
    (20) Sulfur content in calcined coke (weight percent) (Equation F-
6).
    (21) Ash content in calcined coke (weight percent) (Equation F-6).
    (22) Carbon in skimmed dust from S[oslash]derberg cells (metric ton 
C/metric ton Al) (Equation F-6).
    (23) Initial weight of green anodes (metric tons) (Equation F-7 of 
Sec.  98.63).
    (24) Annual hydrogen content in green anodes (metric tons) 
(Equation F-7).
    (25) Annual baked anode production (metric tons) (Equation F-7).
    (26) Annual waste tar collected (metric tons) (Equation F-7).
    (27) Annual packing coke consumption (metric tons/metric ton baked 
anode) (Equation F-8 of Sec.  98.63).
    (28) Annual baked anode production (metric tons) (Equation F-8).
    (29) Sulfur content in packing coke (weight percent) (Equation F-
8).
    (30) Ash content in packing coke (weight percent) (Equation F-8).

[[Page 63785]]

Subpart G--Ammonia Manufacturing

0
11. Section 98.76 is amended by removing and reserving paragraphs 
(b)(2) and (b)(7) through (11) and adding paragraphs (b)(14) and (15) 
to read as follows:


Sec.  98.76  Data reporting requirements.

* * * * *
    (b) * * *
    (14) Annual ammonia production (metric tons, sum of all process 
units reported within subpart G).
    (15) Annual methanol production for each process unit (metric 
tons).

0
12. Section 98.77 is amended by revising the introductory text and 
adding paragraph (c) to read as follows:


Sec.  98.77  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the following records specified in paragraphs (a) through (c) of 
this section for each ammonia manufacturing unit.
* * * * *
    (c) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (c)(1) through (7) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (c)(1) through (7) of this 
section.
    (1) Volume of each gaseous feedstock used in month (scf of 
feedstock) (in Equation G-1 of Sec.  98.73).
    (2) Carbon content of each gaseous feedstock, for month (kg C per 
kg of feedstock) (in Equation G-1).
    (3) Molecular weight of each gaseous feedstock per ammonia 
manufacturing unit with gaseous feedstock (kg/kg-mole) (Equation G-1).
    (4) Volume of each liquid feedstock used in month (gallons of 
feedstock) (Equation G-2 of Sec.  98.73).
    (5) Carbon content of each liquid feedstock, for month (kg C per 
gallon of feedstock) (Equation G-2).
    (6) Mass of each solid feedstock used in month (kg of feedstock) 
(Equation G-3 of Sec.  98.73).
    (7) Carbon content of each solid feedstock, for month (kg C per kg 
of feedstock) (Equation G-3).

Subpart H--Cement Production

0
13. Section 98.86 is amended by:
0
a. Removing and reserving paragraphs (b)(2), (5), (6), (8), (10), and 
(12);
0
b. Revising paragraphs (b)(13) and (15); and
0
c. Adding paragraphs (b)(16) through (18).
    The revisions and additions read as follows:


Sec.  98.86  Data reporting requirements.

* * * * *
    (b) * * *
    (13) Name of raw kiln feed or raw material.
* * * * *
    (15) Method used to determine the monthly clinker production from 
each kiln.
    (16) Annual clinker production (metric tons).
    (17) Annual average clinker CO2 emission factor for the 
facility, averaged across all kilns (metric tons CO2/metric 
ton clinker produced).
    (18) Annual average CKD CO2 emission factor for the 
facility, averaged across all kilns (metric tons CO2/metric 
ton CKD produced).

0
14. Section 98.87 is amended by adding paragraph (c) to read as 
follows:


Sec.  98.87  Records that must be retained.

* * * * *
    (c) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (c)(1) through (17) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (c)(1) through (17) of this 
section.
    (1) Identify per kiln per month if clinker is measured directly, or 
is calculated from raw feed (Equation H-2 of Sec.  98.83 and the method 
in Sec.  98.84(d)).
    (2) Quantity of raw kiln feed in month from kiln (tons) (Equation 
H-2 and the method in Sec.  98.84(d)).
    (3) Kiln-specific factor per kiln per month (ton clinker per ton 
raw feed) (Equation H-2 and the method in Sec.  98.84(d)).
    (4) Quantity of clinker produced in month from kiln (tons) 
(Equation H-2 and the method in Sec.  98.84(d)).
    (5) Cement kiln dust (CKD) not recycled to the kiln in quarter from 
kiln (tons) (Equation H-2 and the method in Sec.  98.84(d)).
    (6) Monthly total CaO content of clinker per kiln (weight fraction) 
(Equation H-3 of Sec.  98.83).
    (7) Monthly non-calcined CaO content of clinker per kiln (weight 
fraction) (Equation H-3).
    (8) Monthly total MgO content of clinker per kiln (weight fraction) 
(Equation H-3).
    (9) Monthly non-calcined MgO content of clinker per kiln (weight 
fraction) (Equation H-3).
    (10) Quarterly total CaO content of cement kiln dust not recycled 
to each kiln (weight fraction) (Equation H-4 of Sec.  98.83).
    (11) Quarterly non-calcined CaO content of cement kiln dust not 
recycled to each kiln (weight fraction) (Equation H-4).
    (12) Quarterly total MgO content of cement kiln dust not recycled 
to each kiln (weight fraction) (Equation H-4).
    (13) Quarterly non-calcined MgO content of cement kiln dust not 
recycled to each kiln (weight fraction) (Equation H-4).
    (14) The amount of each raw material consumed annually per kiln 
(tons/yr (dry basis)) (Equation H-5 of Sec.  98.83).
    (15) The amount of each raw kiln feed consumed annually per kiln 
(tons/yr (dry basis)) (Equation H-5).
    (16) Organic carbon content of each raw material per kiln, as 
determined in Sec.  98.84(c). Default value is 0.002 weight fraction 
(Equation H-5).
    (17) Organic carbon content of combined raw kiln feed per kiln, as 
determined in Sec.  98.84(c). Default value is 0.002 weight fraction 
(Equation H-5).

Subpart K--Ferroalloy Production

0
15. Section 98.116 is amended by:
0
a. Revising paragraph (b).
0
b. Removing and reserving paragraphs (e)(4) and (5); and
0
c. Revising paragraph (e)(6).
    The revisions read as follows:


Sec.  98.116  Data reporting requirements.

* * * * *
    (b) If a CEMS is used to measure CO2 emissions, report 
the annual production for each ferroalloy product identified in Sec.  
98.110, from each EAF (tons).
* * * * *
    (e) * * *
    (6) List the method used for the determination of carbon content 
for each material included for the calculation of annual process 
CO2 emissions for each EAF (e.g., supplier provided 
information, analyses of representative samples you collected).
* * * * *

0
16. Section 98.117 is amended by revising the introductory text and 
adding paragraph (e) to read as follows:


Sec.  98.117  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (e) of this 
section for each EAF, as applicable.
* * * * *
    (e) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (e)(1) through (13) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (e)(1) through (13) of this 
section.

[[Page 63786]]

    (1) Carbon content in reducing agent (percent by weight, expressed 
as a decimal fraction) (Equation K-1 of Sec.  98.113).
    (2) Annual mass of reducing agent fed, charged, or otherwise 
introduced into the EAF (tons) (Equation K-1).
    (3) Carbon content of carbon electrode (percent by weight, 
expressed as a decimal fraction) (Equation K-1).
    (4) Annual mass of carbon electrode consumed in the EAF (tons) 
(Equation K-1).
    (5) Carbon content in ore (percent by weight, expressed as a 
decimal fraction) (Equation K-1).
    (6) Annual mass of ore charged to the EAF (tons) (Equation K-1).
    (7) Carbon content in flux material (percent by weight, expressed 
as a decimal fraction) (Equation K-1).
    (8) Annual mass of flux material fed, charged, or otherwise 
introduced into the EAF to facilitate slag formation (tons) (Equation 
K-1).
    (9) Carbon content in alloy product (percent by weight, expressed 
as a decimal fraction) (Equation K-1).
    (10) Annual mass of alloy product produced/tapped in the EAF (tons) 
(Equation K-1).
    (11) Carbon content in non-product outgoing material (percent by 
weight, expressed as a decimal fraction) (Equation K-1).
    (12) Annual mass of non-product outgoing material removed from EAF 
(tons) (Equation K-1).
    (13) CH4 emission factor selected from Table K-1 of this 
subpart for each product (kg of CH4 emissions/metric ton of 
alloy product) (Equation K-3 of Sec.  98.113).

Subpart N--Glass Production

0
17. Section 98.146 is amended by revising paragraph (b)(2) and removing 
and reserving paragraphs (b)(4) and (6) to read as follows:


Sec.  98.146  Data reporting requirements.

* * * * *
    (b) * * *
    (2) Annual quantity of each carbonate-based raw material charged 
(tons) to all furnaces combined.
* * * * *

0
18. Section 98.147 is amended by revising the introductory text and 
adding paragraph (d) to read as follows:


Sec.  98.147  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must 
retain the records listed in paragraphs (a) through (d) of this 
section.
* * * * *
    (d) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (d)(1) through (3) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (d)(1) through (3) of this 
section.
    (1) Annual average decimal mass fraction of carbonate-based mineral 
in each carbonate-based raw material for each continuous glass melting 
furnace (specify the default value, if used, or the value determined 
according to Sec.  98.144) (percentage, expressed as a decimal) 
(Equation N-1 of Sec.  98.143).
    (2) Annual amount of each carbonate-based raw material charged to 
each continuous glass melting furnace (tons) (Equation N-1).
    (3) Decimal fraction of each calcination achieved for carbonate-
based raw material for each continuous glass melting furnace (specify 
the default value, if used, or the value determined according to Sec.  
98.144) (percentage, expressed as a decimal) (Equation N-1).

Subpart O--HCFC-22 Production and HFC-23 Destruction

0
19. Section 98.156 is amended by:
0
a. Removing and reserving paragraphs (a)(2), (a)(7) through (10), and 
(b)(1) and (2);
0
b. Revising paragraph (d) introductory text; and
0
c. Removing and reserving paragraphs (d)(1) and (5) and (e)(1).
    The revisions read as follows:


Sec.  98.156  Data reporting requirements.

* * * * *
    (d) If the HFC-23 concentration measured pursuant to Sec.  
98.154(l) is greater than that measured during the performance test 
that is the basis for the destruction efficiency (DE), the facility 
shall report the following:
* * * * *

0
20. Section 98.157 is amended by adding paragraph (c) to read as 
follows:


Sec.  98.157  Records that must be retained.

* * * * *
    (c) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (c)(1) through (16) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (c)(1) through (16) of this 
section.
    (1) Factor to account for the loss of HCFC-22 upstream of the 
measurement over the period, determined pursuant to Sec.  98.154(e) 
(Equation O-3 of Sec.  98.153).
    (2) Mass of HCFC-22 that is measured coming out of the production 
process over the period. A period can be one year (kg) (Equation O-3).
    (3) Mass of used HCFC-22 that is added to the production process 
upstream of the output measurement over the period. A period can be one 
year (kg) (Equation O-3).
    (4) Mass of HFC-23 generated annually per HCFC-22 production 
process (metric tons) (Equation O-4 of Sec.  98.153).
    (5) Mass of HFC-23 sent off site for sale annually per HCFC-22 
production process (metric tons) (Equation O-4).
    (6) Mass of HFC-23 sent off site for destruction annually per HCFC-
22 production process (metric tons) (Equation O-4).
    (7) Mass of HFC-23 destroyed on site per HCFC-22 production process 
(metric tons) (Equation O-4).
    (8) HFC-23 in storage at end of year per HCFC-22 production process 
(metric tons) (Equation O-4).
    (9) HFC-23 in storage at beginning of year per HCFC-22 production 
process (metric tons) (Equation O-4).
    (10) Mass of HFC-23 fed into each destruction device annually per 
HCFC-22 production process (metric tons) (Equation O-9 of Sec.  98.153 
and the calculation method in either Sec.  98.154(l)(1) or (2)).
    (11) Identify if each destruction efficiency for each HCFC-22 
production process is entered directly, or is calculated using Sec.  
98.154(l)(1), or is calculated using Sec.  98.154(l)(2) (Equation O-9 
and the calculation method in either Sec.  98.154(l)(1) or (2)).
    (12) Destruction efficiency of each destruction device for each 
HCFC-22 production process (decimal fraction) (Equation O-9 and the 
calculation method in either Sec.  98.154(l)(1) or (2)).
    (13) Volumetric flow rate at the inlet of each destruction device 
for each HCFC-22 production process from previous test (kg/hr) 
(Equation O-9 and the calculation method in either Sec.  98.154(l)(1) 
or (2)).
    (14) Volumetric flow rate at the inlet of destruction device during 
test for each HCFC-22 production process (kg/hr) (Equation O-9 and the 
calculation method in either Sec.  98.154(l)(1) or (2)).
    (15) Concentration of HFC-23 at the inlet of destruction device for 
each HCFC-22 production process from previous test (weight fraction) 
(Equation O-9 and the calculation method in either Sec.  98.154(l)(1) 
or (2)).
    (16) Concentration of HFC-23 at the inlet of destruction device for 
each HCFC-22 production process during test (weight fraction) (Equation 
O-9 and the calculation method in either Sec.  98.154(l)(1) or (2)).

[[Page 63787]]

Subpart P--Hydrogen Production

0
21. Section 98.166 is amended by:
0
a. Revising the introductory text;
0
b. Removing and reserving paragraphs (b)(2), (5), and (6); and
0
c. Adding paragraphs (b)(7) and (e).
    The revisions and additions read as follows:


Sec.  98.166  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c), each 
annual report must contain the information specified in paragraphs (a) 
or (b) of this section, as appropriate, and paragraphs (c) through (e) 
of this section:
* * * * *
    (b) * * *
    (7) Name and annual quantity (metric tons) of each carbon-
containing fuel and feedstock.
* * * * *
    (e) Annual methanol production (metric tons) for each process unit.

0
22. Section 98.167 is amended by revising the introductory text and 
adding paragraph (e) to read as follows:


Sec.  98.167  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (e) of this 
section for each hydrogen production facility.
* * * * *
    (e) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (e)(1) through (12) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (e)(1) through (12) of this 
section.
    (1) Indicate whether the monthly consumption of each gaseous fuel 
or feedstock is measured as mass or volume (Equation P-1 of Sec.  
98.163).
    (2) Monthly volume of the gaseous fuel or feedstock (scf at 
standard conditions of 68[emsp14][deg]F and atmospheric pressure) 
(Equation P-1).
    (3) Monthly mass of the gaseous fuel or feedstock (kg of fuel or 
feedstock) (Equation P-1).
    (4) Average monthly carbon content of the gaseous fuel or feedstock 
(kg C per kg of fuel or feedstock) (Equation P-1).
    (5) Average monthly molecular weight of the gaseous fuel or 
feedstock (kg/kg-mole) (Equation P-1).
    (6) Indicate whether the monthly consumption of each liquid fuel or 
feedstock is measured as mass or volume (Equation P-2 of Sec.  98.163).
    (7) Monthly volume of the liquid fuel or feedstock (gallons of fuel 
or feedstock) (Equation P-2).
    (8) Monthly mass of the liquid fuel or feedstock (kg of fuel or 
feedstock) (Equation P-2).
    (9) Average monthly carbon content of the liquid fuel or feedstock 
(kg C per gallon of fuel or feedstock) (Equation P-2).
    (10) Average monthly carbon content of the liquid fuel or feedstock 
(kg C per kg of fuel or feedstock) (Equation P-2).
    (11) Monthly mass of solid fuel or feedstock (kg of fuel and 
feedstock) (Equation P-3 of Sec.  98.163).
    (12) Average monthly carbon content of the solid fuel or feedstock 
(kg C per kg of fuel and feedstock) (Equation P-3).

Subpart Q--Iron and Steel Production

0
23. Section 98.176 is amended by:
0
a. Revising paragraph (b);
0
b. Removing and reserving paragraphs (e)(1), (3), and (4);
0
c. Adding paragraph (e)(6); and
0
c. Removing and reserving paragraphs (f)(2) through (4) and (g).
    The revisions and additions read as follows:


Sec.  98.176  Data reporting requirements.

* * * * *
    (b) If a CEMS is used to measure CO2 emissions, then you 
must report the annual production quantity for the production unit (in 
metric tons) for taconite pellets, coke, sinter, iron, and raw steel.
* * * * *
    (e) * * *
    (6) The information specified in paragraphs (e)(6)(i) through (vi) 
of this section aggregated for all process units for which 
CO2 emissions were determined using the mass balance method 
in Sec.  98.173(b)(1), except as provided in Sec.  98.174(b)(4).
    (i) The annual mass (metric tons) of all gaseous, liquid, and solid 
fuels (combined) used in process units for which CO2 
emissions were determined using Equations Q-1 through Q-7 of Sec.  
98.173, calculated as specified in Equation Q-9 of this section.
[GRAPHIC] [TIFF OMITTED] TR24OC14.011


Where:

Fuel = Annual mass of all gaseous, liquid, and solid fuels used in 
process units (metric tons).
n = Number of process units where fuel is used.
Fg,i = Annual volume of gaseous fuel combusted 
(``(Fg)'' in Equations Q-1, Q-4 and Q-7 of Sec.  98.173) 
for each process (scf).
MWi = Molecular weight of gaseous fuel used in each 
process (kg/kg-mole).
MVC = Molar volume conversion factor at standard conditions, as 
defined in Sec.  98.6. Use 849.5 scf per kg mole if you select 
68[deg]F as standard temperature and 836.6 scf per kg mole if you 
select 60[deg]F as standard temperature.
Fl,i = Annual volume of the liquid fuel combusted 
(``(Fl)'' included in Equation Q-1) for each process unit 
(gallons).
Fs,i = Annual mass of the solid fuel combusted 
(``(Fs)'' in Equation Q-1) for each process unit (metric 
tons).
[rho]l,i = Density of the liquid fuel (kg/gallon).
0.001 = Conversion factor from kg to metric tons.

    (ii) The annual mass (metric tons) of all non-fuel material inputs 
(combined) specified in Equations Q-1 through Q-7 of Sec.  98.173, 
calculated as specified in Equation Q-10 of this section.
[GRAPHIC] [TIFF OMITTED] TR24OC14.012


Where:

NFI = Annual mass of all non-fuel inputs (to all process unit types) 
specified in Equations Q-1 through Q-7 of Sec.  98.173 (metric 
tons).
n = Number of process units, all process types.
O = Annual mass of greenball (taconite) pellets fed to the taconite 
furnace(s) (metric tons).
Iron = Annual mass of molten iron charged to the basic oxygen 
furnace(s) plus annual mass of direct reduced iron charged to the 
EAF(s) (metric tons).

[[Page 63788]]

Scrap = Annual mass of ferrous scrap charged to the basic oxygen 
furnace(s) and EAF(s) (metric tons).
Flux = Annual mass of flux materials charged to the basic oxygen 
furnace(s) and EAF(s) (metric tons).
Carbon = Annual mass of carbonaceous materials (e.g., coal, coke) 
charged to the basic oxygen furnace(s), EAF(s), and direct reduction 
furnace(s) (metric tons).
Coal = Annual mass of coal charged to the coke oven battery(s) 
(metric tons).
Feed = Annual mass of sinter feed material charged to the sinter 
process(es) (metric tons).
Electrode = Annual mass of carbon electrode consumed in the EAF(s) 
(metric tons).
Steelin = Annual mass of molten steel charged to the 
decarburization vessels (metric tons).
Ore = Annual mass of iron ore or iron ore pellets fed to the direct 
reduction furnace(s) (metric tons).
Other = Annual mass of other materials charged to the direction 
reduction furnace(s) (metric tons).

    (iii) The annual mass (metric tons) of all solid and liquid 
products and byproducts (combined) specified in Equations Q-1 through 
Q-7 of Sec.  98.173, calculated as specified in Equation Q-11 of this 
section.
[GRAPHIC] [TIFF OMITTED] TR24OC14.013


Where:

Products = Annual mass of all solid and liquid products and by-
products (from all process units) specified in Equations Q-1 through 
Q-7 of Sec.  98.173 (metric tons).
n = Number of process units, all types.
P = Annual mass of fired pellets produced by the taconite furnace 
(metric tons).
R = Annual mass of air pollution control residue from all process 
units (metric tons).
Steelout = Annual mass of steel produced by the basic 
oxygen furnace(s), EAF(s) and decarburization vessel(s) (metric 
tons).
Slag = Annual mass of slag produced by the basic oxygen furnace(s) 
and EAF(s) (metric tons).
Coke = Annual mass of coke produced by the non-recovery coke 
batteries (metric tons).
Sinter = Annual mass of sinter produced from the sinter process(es) 
(metric tons).
Iron = Annual mass of iron produced from the direct reduction 
furnace (metric tons).
NM = Annual mass of non-metallic materials produced by the direct 
reduction furnace (metric tons).

    (iv) The weighted average carbon content of all gaseous, liquid, 
and solid fuels (combined) included in Equation Q-9 of this section, 
calculated as specified in Equation Q-12 of this section.
[GRAPHIC] [TIFF OMITTED] TR24OC14.014


Where:

CFavg = Weighted average carbon content of all gaseous, 
liquid, and solid fuels included in Equation Q-9 of this section 
(weight fraction).
n = Number of gaseous, liquid, and solid fuel input to each process 
unit as used in Equation Q-9.
Cgf,i = Average carbon content of the gaseous fuel used 
in each process, from the fuel analysis results (kg C per kg of 
fuel).
Clf,i = Carbon content of the liquid fuel used in each 
process, from the fuel analysis results (kg C per gallon of fuel.
Csf = Carbon content of the solid fuel used in each 
process, from the fuel analysis (expressed as a decimal fraction, 
e.g., 95% = 0.95).
Fuel = Annual mass of all gaseous, liquid, and solid fuels used in 
process units (metric tons), as calculated in Equation Q-9.

    (v) The weighted average carbon content of all non-fuel inputs to 
all process units (combined) included in Equation Q-10 of this section, 
calculated as specified in Equation Q-13 of this section.
[GRAPHIC] [TIFF OMITTED] TR24OC14.015


Where:

CIavg = Weighted average carbon content of all non-fuel 
inputs to all process units included in Equation Q-10 of this 
section (weight fraction).
n = Number of non-fuel inputs to all process units as used in 
Equation Q-10.
NFIi = Annual mass of each non-fuel input used in 
Equation Q-10 (metric tons).
CNFIi = Average carbon content of each non-fuel input 
used in Equation Q-10 (expressed as a decimal fraction).
NFI = Total of all non-fuel inputs to all process units (metric 
tons).

    (vi) The weighted average carbon content of all solid and liquid 
products and byproducts from all process units (combined) included in 
Equation Q-11 of this section, calculated as specified in Equation Q-14 
of this section.
[GRAPHIC] [TIFF OMITTED] TR24OC14.016


Where:

CPavg = Weighted average carbon content of all solid and 
liquid products and byproducts from all process units (weight 
fraction).
n = Number of products and byproducts from each process unit as used 
in Equation Q-11 of this section.
Producti = Annual mass of each product or byproduct used 
in Equation Q-11 (metric tons).
Cp,i = Average carbon content of each product or 
byproduct used in Equation Q-11 (expressed as a decimal fraction).
Products = Mass of all products and byproducts from all process 
units, calculated in Equation Q-11 (metric tons).

* * * * *

0
24. Section 98.177 is amended by revising the introductory text and 
adding paragraph (f) to read as follows:

[[Page 63789]]

Sec.  98.177  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (f) of this 
section, as applicable. Facilities that use CEMS to measure emissions 
must also retain records of the verification data required for the Tier 
4 Calculating Methodology in Sec.  98.36(e).
* * * * *
    (f) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (f)(1) through (9) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (f)(1) through (9) of this 
section.
    (1) The data in paragraphs (f)(1)(i) through (xxv) of this section 
for each applicable taconite indurating furnace for which the carbon 
mass balance method of reporting is used.
    (i) Annual mass of each solid fuel (metric tons) (Equation Q-1 of 
Sec.  98.173).
    (ii) Carbon content of each solid fuel, from the fuel analysis 
(expressed as a decimal fraction) (Equation Q-1).
    (iii) Annual volume of each gaseous fuel (scf) (Equation Q-1).
    (iv) Average carbon content of each gaseous fuel, from the fuel 
analysis results (kg C per kg of fuel) (Equation Q-1).
    (v) Molecular weight of each gaseous fuel (kg/kg-mole) (Equation Q-
1).
    (vi) Annual volume of each liquid fuel (gallons) (Equation Q-1).
    (vii) Carbon content of each liquid fuel, from the fuel analysis 
results (kg C per gallon of fuel) (Equation Q-1).
    (viii) Annual mass of the greenball (taconite) pellets fed to the 
furnace (metric tons) (Equation Q-1).
    (ix) Carbon content of the greenball (taconite) pellets, from the 
carbon analysis results (expressed as a decimal fraction) (Equation Q-
1).
    (x) Annual mass of fired pellets produced by the furnace (metric 
tons) (Equation Q-1).
    (xi) Carbon content of the fired pellets, from the carbon analysis 
results (expressed as a decimal fraction) (Equation Q-1).
    (xii) Annual mass of air pollution control residue collected 
(metric tons) (Equation Q-1).
    (xiii) Carbon content of the air pollution control residue, from 
the carbon analysis results (expressed as a decimal fraction) (Equation 
Q-1).
    (xiv) Annual mass of each other solid input containing carbon fed 
to each furnace (metric tons) (Equation Q-1).
    (xv) Carbon content of each other solid input containing carbon fed 
to each furnace (expressed as a decimal fraction) (Equation Q-1).
    (xvi) Annual mass of each other solid output containing carbon 
produced by each furnace (metric tons) (Equation Q-1).
    (xvii) Carbon content of each other solid output containing carbon 
(expressed as a decimal fraction) (Equation Q-1).
    (xviii) Annual mass of each other gaseous input containing carbon 
fed to each furnace (metric tons) (Equation Q-1).
    (xix) Carbon content of each other gaseous input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-1).
    (xx) Annual mass of each other gaseous output containing carbon 
produced by each furnace (metric tons) (Equation Q-1).
    (xxi) Carbon content of each other gaseous output containing carbon 
produced by each furnace (expressed as a decimal fraction) (Equation Q-
1).
    (xxii) Annual mass of each other liquid input containing carbon fed 
to each furnace (metric tons) (Equation Q-1).
    (xxiii) Carbon content of each other liquid input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-1).
    (xxiv) Annual mass of each other liquid output containing carbon 
produced by each furnace (metric tons) (Equation Q-1).
    (xxv) Carbon content of each other liquid output containing carbon 
produced by each furnace (expressed as a decimal fraction) (Equation Q-
1).
    (2) The data in paragraphs (f)(2)(i) through (xxvi) of this section 
for each applicable basic oxygen process furnace for which the carbon 
mass balance method of reporting is used.
    (i) Annual mass of molten iron charged to the furnace (metric tons) 
(Equation Q-2 of Sec.  98.173).
    (ii) Carbon content of the molten iron charged to the furnace, from 
the carbon analysis results (expressed as a decimal fraction) (Equation 
Q-2).
    (iii) Annual mass of ferrous scrap charged to the furnace (metric 
tons) (Equation Q-2).
    (iv) Carbon content of the ferrous scrap charged to the furnace, 
from the carbon analysis results (expressed as a decimal fraction) 
(Equation Q-2).
    (v) Annual mass of the flux materials (e.g., limestone, dolomite) 
charged to the furnace (metric tons) (Equation Q-2).
    (vi) Carbon content of the flux materials charged to the furnace, 
from the carbon analysis results (expressed as a decimal fraction) 
(Equation Q-2).
    (vii) Annual mass of the carbonaceous materials (e.g., coal, coke) 
charged to the furnace (metric tons) (Equation Q-2).
    (viii) Carbon content of the carbonaceous materials charged to the 
furnace, from the carbon analysis results (expressed as a decimal 
fraction) (Equation Q-2).
    (ix) Annual mass of molten raw steel produced by the furnace 
(metric tons) (Equation Q-2).
    (x) Carbon content of the steel produced by the furnace, from the 
carbon analysis results (expressed as a decimal fraction) (Equation Q-
2).
    (xi) Annual mass of slag produced by the furnace (metric tons) 
(Equation Q-2).
    (xii) Carbon content of the slag produced by the furnace, from the 
carbon analysis (expressed as a decimal fraction) (Equation Q-2).
    (xiii) Annual mass of air pollution control residue collected for 
the furnace (metric tons) (Equation Q-2).
    (xiv) Carbon content of the air pollution control residue collected 
for the furnace, from the carbon analysis results (expressed as a 
decimal fraction) (Equation Q-2).
    (xv) Annual mass of each other solid input containing carbon fed to 
each furnace (metric tons) (Equation Q-2).
    (xvi) Carbon content of each other solid input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-2).
    (xvii) Annual mass of each other solid output containing carbon 
produced by each furnace (metric tons) (Equation Q-2).
    (xviii) Carbon content of each other solid output containing carbon 
(expressed as a decimal fraction) (Equation Q-2).
    (xix) Annual mass of each other gaseous input containing carbon fed 
to each furnace (metric tons) (Equation Q-2).
    (xx) Carbon content of each other gaseous input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-2).
    (xxi) Annual mass of each other gaseous output containing carbon 
produced by each furnace (metric tons) (Equation Q-2).
    (xxii) Carbon content of each other gaseous output containing 
carbon produced by each furnace (expressed as a decimal fraction) 
(Equation Q-2).
    (xxiii) Annual mass of each other liquid input containing carbon 
fed to each furnace (metric tons) (Equation Q-2).
    (xxiv) Carbon content of each other liquid input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-2).

[[Page 63790]]

    (xxv) Annual mass of each other liquid output containing carbon 
produced by each furnace (metric tons) (Equation Q-2).
    (xxvi) Carbon content of each other liquid output containing carbon 
produced by each furnace (expressed as a decimal fraction) (Equation Q-
2).
    (3) The data in paragraphs (f)(3)(i) through (xviii) of this 
section for each applicable non-recovery coke oven battery for which 
the carbon mass balance method of reporting is used.
    (i) Annual mass of coal charged to the battery (metric tons) 
(Equation Q-3 of Sec.  98.173).
    (ii) Carbon content of the coal, from the carbon analysis results 
(expressed as a decimal fraction) (Equation Q-3).
    (iii) Annual mass of coke produced by the battery (metric tons) 
(Equation Q-3).
    (iv) Carbon content of the coke, from the carbon analysis results 
(expressed as a decimal fraction) (Equation Q-3).
    (v) Annual mass of air pollution control residue collected (metric 
tons) (Equation Q-3).
    (vi) Carbon content of the air pollution control residue, from the 
carbon analysis results (expressed as a decimal fraction) (Equation Q-
3).
    (vii) Annual mass of each other solid input containing carbon fed 
to each battery (metric tons) (Equation Q-3).
    (viii) Carbon content of each other solid input containing carbon 
fed to each battery (expressed as a decimal fraction) (Equation Q-3).
    (ix) Annual mass of each other solid output containing carbon 
produced by each battery (metric tons) (Equation Q-3).
    (x) Carbon content of each other solid output containing carbon 
(expressed as a decimal fraction) (Equation Q-3).
    (xi) Annual mass of each other gaseous input containing carbon fed 
to each battery (metric tons) (Equation Q-3).
    (xii) Carbon content of each other gaseous input containing carbon 
fed to each battery (expressed as a decimal fraction) (Equation Q-3).
    (xiii) Annual mass of each other gaseous output containing carbon 
produced by each battery (metric tons) (Equation Q-3).
    (xiv) Carbon content of each other gaseous output containing carbon 
produced by each battery (expressed as a decimal fraction) (Equation Q-
3).
    (xv) Annual mass of each other liquid input containing carbon fed 
to each battery (metric tons) (Equation Q-3).
    (xvi) Carbon content of each other liquid input containing carbon 
fed to each battery (expressed as a decimal fraction) (Equation Q-3).
    (xvii) Annual mass of each other liquid output containing carbon 
produced by each battery (metric tons) (Equation Q-3).
    (xviii) Carbon content of each other liquid output containing 
carbon produced by each battery (expressed as a decimal fraction) 
(Equation Q-3).
    (4) The data in paragraphs (f)(4)(i) through (xxi) of this section 
for each applicable sinter process for which the carbon mass balance 
method of reporting is used.
    (i) Annual volume of the gaseous fuel (scf) (Equation Q-4 of Sec.  
98.173).
    (ii) Carbon content of the gaseous fuel, from the fuel analysis 
results (kg C per kg of fuel) (Equation Q-4).
    (iii) Molecular weight of the gaseous fuel (kg/kg-mole) (Equation 
Q-4).
    (iv) Annual mass of sinter feed material (metric tons) (Equation Q-
4).
    (v) 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) (Equation Q-4).
    (vi) Annual mass of sinter produced (metric tons) (Equation Q-4).
    (vii) Carbon content of the sinter pellets, from the carbon 
analysis results (expressed as a decimal fraction) (Equation Q-4).
    (viii) Annual mass of air pollution control residue collected 
(metric tons) (Equation Q-4).
    (ix) Carbon content of the air pollution control residue, from the 
carbon analysis results (expressed as a decimal fraction) (Equation Q-
4).
    (x) Annual mass of each other solid input containing carbon fed to 
each sinter process (metric tons) (Equation Q-4).
    (xi) Carbon content of each other solid input containing carbon fed 
to each sinter process (expressed as a decimal fraction) (Equation Q-
4).
    (xii) Annual mass of each other solid output containing carbon 
produced by each sinter process (metric tons) (Equation Q-4).
    (xiii) Carbon content of each other solid output containing carbon 
(expressed as a decimal fraction) (Equation Q-4).
    (xiv) Annual mass of each other gaseous input containing carbon fed 
to each sinter process (metric tons) (Equation Q-4).
    (xv) Carbon content of each other gaseous input containing carbon 
fed to each sinter process (expressed as a decimal fraction) (Equation 
Q-4).
    (xvi) Annual mass of each other gaseous output containing carbon 
produced by each sinter process (metric tons) (Equation Q-4).
    (xvii) Carbon content of each other gaseous output containing 
carbon produced by each sinter process (expressed as a decimal 
fraction) (Equation Q-4).
    (xviii) Annual mass of each other liquid input containing carbon 
fed to each sinter process (metric tons) (Equation Q-4).
    (xix) Carbon content of each other liquid input containing carbon 
fed to each sinter process (expressed as a decimal fraction) (Equation 
Q-4).
    (xx) Annual mass of each other liquid output containing carbon 
produced by each sinter process (metric tons) (Equation Q-4).
    (xxi) Carbon content of each other liquid output containing carbon 
produced by each sinter process (expressed as a decimal fraction) 
(Equation Q-4).
    (5) The data in paragraphs (f)(5)(i) through (xxxi) of this section 
for each applicable electric arc furnace for which the carbon mass 
balance method of reporting is used.
    (i) Annual mass of direct reduced iron (if any) charged to the 
furnace (metric tons) (Equation Q-5 of Sec.  98.173).
    (ii) Carbon content of the direct reduced iron, from the carbon 
analysis results (expressed as a decimal fraction) (Equation Q-5)
    (iii) Annual mass of ferrous scrap charged to the furnace (metric 
tons) (Equation Q-5).
    (iv) Carbon content of the ferrous scrap, from the carbon analysis 
results (expressed as a decimal fraction) (Equation Q-5).
    (v) Annual mass of flux materials (e.g., limestone, dolomite) 
charged to the furnace (metric tons) (Equation Q-5).
    (vi) Carbon content of the flux materials, from the carbon analysis 
results (expressed as a decimal fraction) (Equation Q-5).
    (vii) Annual mass of carbon electrode consumed (metric tons) 
(Equation Q-5).
    (viii) Carbon content of the carbon electrode, from the carbon 
analysis results (expressed as a decimal fraction) (Equation Q-5).
    (ix) Annual mass of carbonaceous materials (e.g., coal, coke) 
charged to the furnace (metric tons) (Equation Q-5).
    (x) Carbon content of the carbonaceous materials, from the carbon 
analysis results (expressed as a decimal fraction) (Equation Q-5).
    (xi) Annual mass of molten raw steel produced by the furnace 
(metric tons) (Equation Q-5).
    (xii) Carbon content of the steel, from the carbon analysis results 
(expressed as a decimal fraction) (Equation Q-5).
    (xiii) Annual volume of the gaseous fuel (scf at 60F and 1 atm) 
(Equation Q-5).
    (xiv) Average carbon content of the gaseous fuel, from the fuel 
analysis

[[Page 63791]]

results (kg C per kg of fuel) (Equation Q-5).
    (xv) Molecular weight of the gaseous fuel (kg/kg-mole) (Equation Q-
5).
    (xvi) Annual mass of slag produced by the furnace (metric tons) 
(Equation Q-5).
    (xvii) Carbon content of the slag, from the carbon analysis 
(expressed as a decimal fraction) (Equation Q-5).
    (xviii) Annual mass of air pollution control residue collected 
(metric tons) (Equation Q-5).
    (xix) Carbon content of the air pollution control residue, from the 
carbon analysis results (expressed as a decimal fraction) (Equation Q-
5).
    (xx) Annual mass of each other solid input containing carbon fed to 
each furnace (metric tons) (Equation Q-5).
    (xxi) Carbon content of each other solid input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-5).
    (xxii) Annual mass of each other solid output containing carbon 
produced by each furnace (metric tons) (Equation Q-5).
    (xxiii) Carbon content of each other solid output containing carbon 
(expressed as a decimal fraction) (Equation Q-5).
    (xxiv) Annual mass of each other gaseous input containing carbon 
fed to each furnace (metric tons) (Equation Q-5).
    (xxv) Carbon content of each other gaseous input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-5).
    (xxvi) Annual mass of each other gaseous output containing carbon 
produced by each furnace (metric tons) (Equation Q-5).
    (xxvii) Carbon content of each other gaseous output containing 
carbon produced by each furnace (expressed as a decimal fraction) 
(Equation Q-5).
    (xxviii) Annual mass of each other liquid input containing carbon 
fed to each furnace (metric tons) (Equation Q-5).
    (xxix) Carbon content of each other liquid input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-5).
    (xxx) Annual mass of each other liquid output containing carbon 
produced by each furnace (metric tons) (Equation Q-5).
    (xxxi) Carbon content of each other liquid output containing carbon 
produced by each furnace (expressed as a decimal fraction) (Equation Q-
5).
    (6) The data in paragraphs (f)(6)(i) through (xvii) of this section 
for each applicable decarburization vessel for which the carbon mass 
balance method of reporting is used.
    (i) Annual mass of molten steel charged to the vessel (metric tons) 
(Equation Q-6 of Sec.  98.173).
    (ii) Carbon content of the molten steel before decarburization, 
from the carbon analysis results (expressed as a decimal fraction) 
(Equation Q-6).
    (iii) Carbon content of the molten steel after decarburization, 
from the carbon analysis results (expressed as a decimal fraction) 
(Equation Q-6).
    (iv) Annual mass of air pollution control residue collected (metric 
tons) (Equation Q-6).
    (v) Carbon content of the air pollution control residue, from the 
carbon analysis results (expressed as a decimal fraction) (Equation Q-
6).
    (vi) Annual mass of each other solid input containing carbon fed to 
each decarburization vessel (metric tons) (Equation Q-6).
    (vii) Carbon content of each other solid input containing carbon 
fed to each decarburization vessel (expressed as a decimal fraction) 
(Equation Q-6).
    (viii) Annual mass of each other solid output containing carbon 
produced by each decarburization vessel (metric tons) (Equation Q-6).
    (ix) Carbon content of each other solid output containing carbon 
(expressed as a decimal fraction) (Equation Q-6).
    (x) Annual mass of each other gaseous input containing carbon fed 
to each decarburization vessel (metric tons) (Equation Q-6).
    (xi) Carbon content of each other gaseous input containing carbon 
fed to each decarburization vessel (expressed as a decimal fraction) 
(Equation Q-6).
    (xii) Annual mass of each other gaseous output containing carbon 
produced by each decarburization vessel (metric tons) (Equation Q-6).
    (xiii) Carbon content of each other gaseous output containing 
carbon produced by each decarburization vessel (expressed as a decimal 
fraction) (Equation Q-6).
    (xiv) Annual mass of each other liquid input containing carbon fed 
to each decarburization vessel (metric tons) (Equation Q-6).
    (xv) Carbon content of each other liquid input containing carbon 
fed to each decarburization vessel (expressed as a decimal fraction) 
(Equation Q-6).
    (xvi) Annual mass of each other liquid output containing carbon 
produced by each decarburization vessel (metric tons) (Equation Q-6).
    (xvii) Carbon content of each other liquid output containing carbon 
produced by each decarburization vessel (expressed as a decimal 
fraction) (Equation Q-6).
    (7) The data in paragraphs (f)(7)(i) through (xxvii) of this 
section for each applicable direct reduction furnace for which the 
carbon mass balance method of reporting is used.
    (i) Annual volume of the gaseous fuel (scf at 68F and 1 atm) 
(Equation Q-7 of Sec.  98.173).
    (ii) Average carbon content of the gaseous fuel, from the fuel 
analysis results (kg C per kg of fuel) (Equation Q-7).
    (iii) Molecular weight of the gaseous fuel (kg/kg-mole) (Equation 
Q-7).
    (iv) Annual mass of iron ore or iron pellets fed to the furnace 
(metric tons) (Equation Q-7).
    (v) Carbon content of the iron ore or iron pellets, from the carbon 
analysis (expressed as a decimal fraction) (Equation Q-7).
    (vi) Annual mass of carbonaceous materials (e.g., coal, coke) 
charged to the furnace (metric tons) (Equation Q-7).
    (vii) Carbon content of the carbonaceous materials, from the carbon 
analysis results (expressed as a decimal fraction) (Equation Q-7).
    (viii) Annual mass of each other material charged to the furnace 
(metric tons) (Equation Q-7).
    (ix) Average carbon content of each other material charged to the 
furnace, from the carbon analysis results (expressed as a decimal 
fraction) (Equation Q-7).
    (x) Annual mass of iron produced (metric tons) (Equation Q-7).
    (xi) Carbon content of the iron produced, from the carbon analysis 
results (expressed as a decimal fraction) (Equation Q-7).
    (xii) Annual mass of non-metallic materials produced by the furnace 
(metric tons) (Equation Q-7).
    (xiii) Carbon content of the non-metallic materials produced, from 
the carbon analysis results (expressed as a decimal fraction) (Equation 
Q-7).
    (xiv) Annual mass of air pollution control residue collected 
(metric tons) (Equation Q-7).
    (xv) Carbon content of the air pollution control residue collected, 
from the carbon analysis results (expressed as a decimal fraction) 
(Equation Q-7).
    (xvi) Annual mass of each other solid input containing carbon fed 
to each furnace (metric tons) (Equation Q-7).
    (xvii) Carbon content of each other solid input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-7).
    (xviii) Annual mass of each other solid output containing carbon 
produced by each furnace (metric tons) (Equation Q-7).
    (xix) Carbon content of each other solid output containing carbon 
(expressed as a decimal fraction) (Equation Q-7).

[[Page 63792]]

    (xx) Annual mass of each other gaseous input containing carbon fed 
to each furnace (metric tons) (Equation Q-7).
    (xxi) Carbon content of each other gaseous input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-7).
    (xxii) Annual mass of each other gaseous output containing carbon 
produced by each furnace (metric tons) (Equation Q-7).
    (xxiii) Carbon content of each other gaseous output containing 
carbon produced by each furnace (expressed as a decimal fraction) 
(Equation Q-7).
    (xxiv) Annual mass of each other liquid input containing carbon fed 
to each furnace (metric tons) (Equation Q-7).
    (xxv) Carbon content of each other liquid input containing carbon 
fed to each furnace (expressed as a decimal fraction) (Equation Q-7).
    (xxvi) Annual mass of each other liquid output containing carbon 
produced by each furnace (metric tons) (Equation Q-7).
    (xxvii) Carbon content of each other liquid output containing 
carbon produced by each furnace (expressed as a decimal fraction) 
(Equation Q-7).
    (8) The data in paragraphs (f)(8)(i) and (ii) of this section for 
each process unit for which the site-specific emission factor method 
was used.
    (i) Average hourly feed or production rate, as applicable, during 
the test (metric tons/hour) (as used in Sec.  98.173(b)(2)(iii)).
    (ii) Annual total feed or production, as applicable (metric tons) 
(as used in Sec.  98.173(b)(2)(iv)).
    (9) Total coal charged to the coke ovens for each process (metric 
tons/year)(as used in Sec.  98.173(c)).

Subpart R--Lead Production

0
25. Section 98.186 is amended by removing and reserving paragraphs 
(b)(6) and (7) and revising paragraph (b)(8) to read as follows:


Sec.  98.186  Data reporting procedures.

* * * * *
    (b) * * *
    (8) List the method used for the determination of carbon content 
for each material used for the calculation of annual process 
CO2 emissions using Equation R-1 of Sec.  98.183 for each 
smelting furnace (e.g., supplier provided information, analyses of 
representative samples you collected).
* * * * *

0
26. Section 98.187 is amended by revising the introductory text and 
adding paragraph (d) to read as follows:


Sec.  98.187  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records of the information specified in paragraphs (a) 
through (d) of this section, as applicable to the smelting furnaces at 
your facility.
* * * * *
    (d) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (d)(1) through (10) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (d)(1) through (10) of this 
section.
    (1) Annual mass of lead ore charged to each smelting furnace (tons) 
(Equation R-1 of Sec.  98.183).
    (2) Carbon content of the lead ore per furnace, from the carbon 
analysis results (percent by weight, expressed as a decimal fraction) 
(Equation R-1).
    (3) Annual mass of lead scrap charged to each smelting furnace 
(tons) (Equation R-1).
    (4) Carbon content of the lead scrap per furnace, from the carbon 
analysis (percent by weight, expressed as a decimal fraction) (Equation 
R-1).
    (5) Annual mass of flux materials (e.g., limestone, dolomite) 
charged to each smelting furnace (tons) (Equation R-1).
    (6) Carbon content of the flux materials per furnace, from the 
carbon analysis (percent by weight, expressed as a decimal fraction) 
(Equation R-1).
    (7) Annual mass of carbonaceous materials (e.g., coal, coke) 
charged to each smelting furnace (tons) (Equation R-1).
    (8) Carbon content of the carbonaceous materials per furnace, from 
the carbon analysis (percent by weight, expressed as a decimal 
fraction) (Equation R-1).
    (9) Annual mass of each other material containing carbon, other 
than fuel, fed, charged, or otherwise introduced into the smelting 
furnace (tons) (Equation R-1).
    (10) Carbon content of each other material, from the carbon 
analysis results per furnace (percent by weight, expressed as a decimal 
fraction) (Equation R-1).

Subpart S--Lime Manufacturing

0
27. Section 98.196 is amended by:
0
a. Revising paragraph (b) introductory text;
0
b. Removing and reserving paragraphs (b)(2), (3), (5), (6), (8), (10), 
(11), and (12); and
0
c. Adding paragraph (b)(18).
    The revisions and addition read as follows:


Sec.  98.196  Data reporting requirements.

* * * * *
    (b) If a CEMS is not used to measure CO2 emissions, then 
you must report the information listed in paragraphs (b)(1) through 
(18) of this section.
* * * * *
    (18) Annual quantity (tons) of lime product sold, by type.

0
28. Section 98.197 is amended by revising the introductory text and 
adding paragraph (c) to read as follows:


Sec.  98.197  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (c) of this 
section.
* * * * *
    (c) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (c)(1) through (9) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (c)(1) through (9) of this 
section.
    (1) Monthly calcium oxide content for each lime type, determined 
according to Sec.  98.194(c) (metric tons CaO/metric ton lime) 
(Equation S-1 of Sec.  98.193).
    (2) Monthly magnesium oxide content for each lime type, determined 
according to Sec.  98.194(c) (metric tons MgO/metric ton lime) 
(Equation S-1).
    (3) Monthly calcium oxide content for each calcined lime byproduct 
or waste type sold (metric tons CaO/metric ton lime) (Equation S-2 of 
Sec.  98.193).
    (4) Monthly magnesium oxide content for each calcined lime 
byproduct or waste type sold (metric tons MgO/metric ton lime) 
(Equation S-2).
    (5) Calcium oxide content for each calcined lime byproduct or waste 
type that is not sold (metric tons CaO/metric ton lime) (Equation S-3 
of Sec.  98.193).
    (6) Magnesium oxide content for each calcined lime byproduct or 
waste type that is not sold (metric tons MgO/metric ton lime) (Equation 
S-3).
    (7) Annual weight or mass of calcined byproducts or wastes for lime 
type that is not sold (tons) (Equation S-3).
    (8) Monthly weight or mass of each lime type produced (tons) 
(Equation S-4 of Sec.  98.193).
    (9) Monthly weight or mass of each calcined byproducts or wastes 
sold (tons) (Equation S-4).

Subpart U--Miscellaneous Uses of Carbonate


Sec.  98.216  [Amended]

0
29. Section 98.216 is amended by removing and reserving paragraphs (b), 
(e)(1) and (2), and (f).

[[Page 63793]]


0
30. Section 98.217 is amended by revising the introductory text and 
adding paragraph (e) to read as follows:


Sec.  98.217  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (e) of this 
section:
* * * * *
    (e) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (e)(1) through (4) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (e)(1) through (4) of this 
section.
    (1) Fraction calcination achieved for each particular carbonate 
type. As an alternative to measuring the calcination fraction, a value 
of 1.0 can be used (decimal fraction) (Equation U-1 of Sec.  98.213).
    (2) Annual mass of each carbonate type consumed (tons) (Equation U-
1).
    (3) Annual mass of each input carbonate type (tons) (Equation U-2 
of Sec.  98.213).
    (4) Annual mass of each output carbonate type (tons) (Equation U-
2).

Subpart V--Nitric Acid Production

0
31. Section 98.226 is amended by:
0
a. Revising the introductory text;
0
b. Removing and reserving paragraphs (c), (d), (i), (j), (m)(1), 
(m)(3), (m)(4), (m)(5), (m)(6), and (p); and
0
c. Adding paragraph (q).
    The revisions and addition read as follows:


Sec.  98.226  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c), each 
annual report must contain the information specified in paragraphs (a) 
through (q) of this section.
* * * * *
    (q) Annual percent N2O emission reduction for all nitric 
acid trains combined.

0
32. Section 98.227 is amended by revising the introductory text and 
adding paragraph (h) to read as follows:


Sec.  98.227  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (h) of this 
section for each nitric acid production facility:
* * * * *
    (h) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (h)(1) through (10) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (h)(1) through (10) of this 
section.
    (1) Annual nitric acid produced from each nitric acid train (tons 
nitric acid produced, 100% acid basis).
    (2) Indicate which equation was used to calculate emissions for 
each nitric acid train.
    (3) N2O concentration per test run during the 
performance test (ppm N2O) (Equation V-1 of Sec.  98.223).
    (4) Volumetric flow rate of effluent gas per test run during the 
performance test (dscf/hr) (Equation V-1).
    (5) Production rate per test run during the performance test (tons 
nitric acid produced per hour, 100 percent acid basis) (Equation V-1).
    (6) Annual nitric acid production from each nitric acid train 
during which each N2O abatement technology was operational 
(tons nitric acid produced, 100 percent acid basis) (Equation V-2 of 
Sec.  98.223).
    (7) Destruction efficiency of N2O abatement technology 
that is used on each nitric acid train (decimal fraction of 
N2O removed from vent stream) (Equation V-3a of Sec.  
98.223).
    (8) Destruction efficiency of each N2O abatement 
technology that is used on each nitric acid train (decimal fraction of 
N2O removed from vent stream) (Equation V-3b of Sec.  
98.223).
    (9) Destruction efficiency of each N2O abatement 
technology that is used on each nitric acid train (decimal fraction of 
N2O removed from vent stream) (Equation V-3c of Sec.  
98.223).
    (10) Fraction control factor of each N2O abatement 
technology that is used on each nitric acid train (decimal fraction of 
total emissions from nitric acid train ``t'' that are sent to abatement 
technology ``n'') (Equation V-3c).

Subpart W--Petroleum and Natural Gas Systems

0
33. Section 98.236 is amended by revising paragraphs (c)(6)(i)(B), (D), 
(E), and (F), (c)(8)(i)(F), and (c)(8)(ii)(A) and adding paragraph 
(c)(20) to read as follows:


Sec.  98.236  Data reporting requirements.

* * * * *
    (c) * * *
    (6) * * *
    (i) * * *
    (B) When using Equation W-10A of Sec.  98.233, measured flow rate 
of backflow during well completion in standard cubic feet per hour. You 
may delay the reporting of this data element if you indicate in the 
annual report that wildcat wells and/or delineation wells are the only 
wells that can be used for the measurement. If you elect to delay 
reporting of this data element, you must report by the date specified 
in Sec.  98.236(c)(20) the measured flow rate of backflow during well 
completion and the API Well Number(s) for the wells included in the 
measurement.
* * * * *
    (D) When using Equation W-10A, measured flow rate of backflow 
during well workover in standard cubic feet per hour. You may delay the 
reporting of this data element if you indicate in the annual report 
that wildcat wells and/or delineation wells are the only wells that can 
be used for the measurement. If you elect to delay reporting of this 
data element, you must report by the date specified in Sec.  
98.236(c)(20) the flow rate of backflow during well workover and the 
API Well Number(s) for the well(s) included in the measurement.
    (E) When using Equation W-10A, total number of days of backflow 
from all wells during completions. You may delay the reporting of this 
data element if you indicate in the annual report that wildcat wells 
and/or delineation wells are the only wells included in this number. If 
you elect to delay reporting of this data element, you must report by 
the date specified in Sec.  98.236(c)(20) the total number of days of 
backflow from all wells during completions and the API Well Number(s) 
for the well(s) included in the number.
    (F) When using Equation W-10A, total number of days of backflow 
from all wells during workovers. You may delay the reporting of this 
data element if you indicate in the annual report that wildcat wells 
and/or delineation wells are the only wells included in this number. If 
you elect to delay reporting of this data element, you must report by 
the date specified in Sec.  98.236(c)(20) the total number of days of 
backflow from all wells during workovers and the API Well Number(s) for 
the well(s) included in the number.
* * * * *
    (8) * * *
    (i) * * *
    (F) Total volume of oil from all wellhead separators sent to 
tank(s) in barrels per year. You may delay the reporting of this data 
element if you indicate in the annual report that only wildcat and 
delineation wells in the sub-basin have wellhead separators. If you 
elect to delay reporting the this data element, you must report by the 
date specified in Sec.  98.236(c)(20) the total volume of oil from all 
wellhead separators sent to tank(s) and the API

[[Page 63794]]

Well Number(s) for the well(s) included in this volume.
* * * * *
    (ii) * * *
    (A) Total volume of sales oil from all wells in barrels per year. 
You may delay the reporting of this data element if you indicate in the 
annual report that wildcat wells and delineation wells are the only 
wells in the sub-basin with oil production greater than or equal to 10 
barrels per day. If you elect to delay reporting of this data element, 
you must report by the date specified in Sec.  98.3236(c)(20) the total 
volume of sales oil from all wells and the API Well Number(s) for the 
well(s) included in this volume.
* * * * *
    (20) If you elect to delay reporting the information in paragraph 
(c)(6)(i)(B), (D), (E), (F), (c)(8)(i)(F), or (c)(8)(ii)(A) of this 
section, you must report the information required in that paragraph no 
later than the date specified in paragraphs (c)(20)(i) through (iii) of 
this section, as applicable.
    (i) March 31, 2016, for reporting year 2013.
    (ii) March 31, 2017, for reporting year 2014.
    (iii) The date 2 years following the date specified in Sec.  
98.3(b) introductory text, for reporting year 2015 and thereafter.

0
34. Section 98.238 is amended by adding definitions for ``Delineation 
well'' and ``Wildcat well'' in alphabetical order to read as follows:


Sec.  98.238  Definitions.

* * * * *
    Delineation well means a well drilled in order to determine the 
boundary of a field or producing reservoir.
* * * * *
    Wildcat well means a well outside known fields or the first well 
drilled in an oil or gas field where no other oil and gas production 
exists.

Subpart X--Petrochemical Production

0
35. Section 98.246 is amended by:
0
a. Revising paragraph (a) introductory text and paragraphs (a)(2) and 
(4);
0
b. Adding paragraphs (a)(12) and (13);
0
c. Revising paragraph (b) introductory text; and
0
d. Adding paragraphs (b)(9) and (10).
    The revisions and additions read as follows:


Sec.  98.246  Data reporting requirements.

* * * * *
    (a) If you use the mass balance methodology in Sec.  98.243(c), you 
must report the information specified in paragraphs (a)(1) through (13) 
of this section for each type of petrochemical produced, reported by 
process unit.
* * * * *
    (2) The type of petrochemical produced, names of products, and 
names of carbon-containing feedstocks.
* * * * *
    (4) The temperature (in [deg]F) at which the gaseous feedstock and 
product volumes used in Equation X-1 of Sec.  98.243 were determined.
* * * * *
    (12) Name and annual quantity (in metric tons) of each carbon-
containing feedstock included in Equations X-1, X-2, and X-3 of Sec.  
98.243.
    (13) Name and annual quantity (in metric tons) of each product 
included in Equations X-1, X-2, and X-3.
    (b) If you measure emissions in accordance with Sec.  98.243(b), 
then you must report the information listed in paragraphs (b)(1) 
through (10) of this section.
* * * * *
    (9) Name and annual quantity (in metric tons) of each carbon-
containing feedstock.
    (10) Name and annual quantity (in metric tons) of each product.
* * * * *

0
36. Section 98.247 is amended by revising the introductory text and 
adding paragraph (d) to read as follows:


Sec.  98.247  Records that must be retained.

    In addition to the recordkeeping requirements in Sec.  98.3(g), you 
must retain the records specified in paragraphs (a) through (d) of this 
section, as applicable.
* * * * *
    (d) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (d)(1) through (30) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (d)(1) through (30) of this 
section.
    (1) Indicate whether the feedstock is measured as mass or volume 
(Equation X-1 of Sec.  98.243).
    (2) Indicate whether you used the alternative to sampling and 
analysis specified in Sec.  98.243(c)(4) (Equation X-1).
    (3) Volume of gaseous feedstock introduced per month (scf) 
(Equation X-1).
    (4) Mass of gaseous feedstock introduced per month (kg) (Equation 
X-1).
    (5) Average carbon content of the gaseous feedstock per month (kg C 
per kg of feedstock) (Equation X-1).
    (6) Molecular weight of gaseous feedstock per month (kg per kg-
mole) (Equation X-1).
    (7) Indicate whether the gaseous product is measured as mass or 
volume (Equation X-1).
    (8) Volume of gaseous product produced per month (scf) (Equation X-
1).
    (9) Mass of gaseous product produced per month (kg) (Equation X-1).
    (10) Average carbon content of gaseous product (including streams 
containing CO2 recovered for sale or use in another process) 
per month (kg C per kg of product) (Equation X-1).
    (11) Molecular weight of gaseous product per month (kg per kg-mole) 
(Equation X-1).
    (12) Molar volume conversion factor of product (scf per kg-mole) 
(Equation X-1).
    (13) Indicate whether feedstock is measured as mass or volume 
(Equation X-2 of Sec.  98.243).
    (14) Indicate whether you used the alternative to sampling and 
analysis specified in Sec.  98.243(c)(4) (Equation X-2).
    (15) Volume of liquid feedstock introduced per month (gallons) 
(Equation X-2).
    (16) Mass of liquid feedstock introduced per month (kg) (Equation 
X-2).
    (17) Average carbon content of liquid feedstock per month (kg C per 
gallon) (Equation X-2).
    (18) Average carbon content of liquid feedstock per month (kg C per 
kg of feedstock) (Equation X-2).
    (19) Indicate whether product is measured as mass or volume per 
month (Equation X-2).
    (20) Volume of liquid product produced per month (gallons) 
(Equation X-2).
    (21) Mass of liquid product produced per month (kg) (Equation X-2).
    (22) Average carbon content of liquid product per month, including 
organic liquid wastes (kg C per gallon) (Equation X-2).
    (23) Average carbon content of liquid product, including organic 
liquid wastes (kg C per kg of product) (Equation X-2).
    (24) Indicate whether you used the alternative to sampling and 
analysis specified in Sec.  98.243(c)(4) (Equation X-3 of Sec.  
98.243).
    (25) Mass of solid feedstock introduced per month (kg) (Equation X-
3).
    (26) Average carbon content of solid feedstock per month (kg C per 
kg of feedstock) (Equation X-3).
    (27) Mass of solid product produced per month (kg) (Equation X-3).

[[Page 63795]]

    (28) Average carbon content of solid product per month (kg C per kg 
of product) (Equation X-3).
    (29) Records required in Sec.  98.257(b)(1) through (8) of this 
section for each flare that burns ethylene process off-gas.
    (30) Records required in Sec.  98.37 for each stationary fuel 
combustion unit (or group of stationary sources with a common pipe) 
that burns ethylene process off-gas, except flares.

Subpart Y--Petroleum Refineries

0
37. Section 98.256 is amended by:
0
a. Revising paragraph (e)(6) and paragraph (e)(7) introductory text;
0
b. Removing and reserving paragraph (e)(7)(ii);
0
c. Revising paragraphs (e)(9) and (10);
0
d. Revising paragraphs (f)(7) and (f)(10) through (13);
0
e. Removing and reserving paragraph (h)(4);
0
f. Revising paragraphs (h)(5) and (i)(5), (7), and (8);
0
g. Removing and reserving paragraph (j)(2);
0
h. Revising paragraphs (j)(5) through (9), (k)(3) and (4), (l)(5), and 
(m)(3);
0
i. Removing and reserving paragraphs (o)(2)(ii) and (o)(4)(ii) through 
(iv);
0
j. Revising paragraph (o)(4)(v);
0
k. Removing and reserving paragraphs (o)(6) and (7); and
0
l. Revising paragraph (p)(2).
    The revisions read as follows:


Sec.  98.256  Data reporting requirements.

* * * * *
    (e) * * *
    (6) If you use Equation Y-1a of Sec.  98.253, an indication of 
whether daily or weekly measurement periods are used, the annual volume 
of flare gas combusted (in scf/year) and the annual average molecular 
weight (in kg/kg-mole), and annual average carbon content of the flare 
gas (in kg carbon per kg flare gas).
    (7) If you use Equation Y-1b of Sec.  98.253, an indication of 
whether daily or weekly measurement periods are used, the annual volume 
of flare gas combusted (in scf/year), the annual average CO2 
concentration (volume or mole percent), the number of carbon containing 
compounds other than CO2 in the flare gas stream, and for 
each of the carbon containing compounds other than CO2 in 
the flare gas stream:
* * * * *
    (9) If you use Equation Y-3 of Sec.  98.253, the number of SSM 
events exceeding 500,000 scf/day.
    (10) The basis for the value of the fraction of carbon in the flare 
gas contributed by methane used in Equation Y-4 of Sec.  98.253.
    (f) * * *
    (7) If you use Equation Y-6 of Sec.  98.253, the annual average 
exhaust gas flow rate, %CO2, and %CO.
* * * * *
    (10) If you use Equation Y-8 of Sec.  98.253, the basis for the 
value of the average carbon content of coke.
    (11) Indicate whether you use a measured value, a unit-specific 
emission factor, or a default for CH4 emissions. If you use 
a unit-specific emission factor for CH4, report the basis 
for the factor.
    (12) Indicate whether you use a measured value, a unit-specific 
emission factor, or a default emission factor for N2O 
emissions. If you use a unit-specific emission factor for 
N2O, report the basis for the factor.
    (13) If you use Equation Y-11 of Sec.  98.253, the number of 
regeneration cycles or measurement periods during the reporting year 
and the average coke burn-off quantity per cycle or measurement period.
* * * * *
    (h) * * *
    (5) If you recycle tail gas to the front of the 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 of Sec.  98.253. If so, then report:
    (i) Indicate whether you used the default (95 percent) or a unit 
specific correction, and if a unit-specific correction was used, report 
the value of the correction and the approach used.
    (ii) If the following data are not used to calculate the recycling 
correction factor, report the information specified in paragraphs 
(h)(5)(ii)(A) through (B) of this section.
    (A) The annual volume of recycled tail gas (in scf/year) only.
    (B) The annual average mole fraction of carbon in the tail gas (in 
kg-mole C/kg-mole gas).
* * * * *
    (i) * * *
    (5) If you use Equation Y-13 of Sec.  98.253, an indication of 
whether coke dust is recycled to the unit (e.g., all dust is recycled, 
a portion of the dust is recycled, or none of the dust is recycled).
* * * * *
    (7) Indicate whether you use a measured value, a unit-specific 
emission factor or a default emission factor for CH4 
emissions. If you use a unit-specific emission factor for 
CH4, report the basis for the factor.
    (8) Indicate whether you use a measured value, a unit-specific 
emission factor, or a default emission factor for N2O 
emissions. If you use a unit-specific emission factor for 
N2O, report the basis for the factor.
    (j) * * *
    (5) If you use Equation Y-14 of Sec.  98.253, the basis for the 
CO2 emission factor used.
    (6) If you use Equation Y-15 of Sec.  98.253, the basis for the 
CH4 emission factor used.
    (7) If you use Equation Y-16a of Sec.  98.253, the basis for the 
carbon emission factor used.
    (8) If you use Equation Y-16b of Sec.  98.253, the basis for the 
CO2 emission factor used and the basis for the carbon 
emission factor used.
    (9) If you use Equation Y-17 of Sec.  98.253, the basis for the 
CH4 emission factor used.
* * * * *
    (k) * * *
    (3) The total number of delayed coking units at the facility; the 
total number of delayed coking drums at the facility; and, for each 
coke drum or vessel, the typical drum outage (i.e. the unfilled 
distance from the top of the drum, in feet).
    (4) For each set of coking drums that are the same dimensions, the 
number of coking drums in the set, and the mole fraction of methane in 
coking gas (in kg-mole CH4/kg-mole gas, wet basis).
* * * * *
    (l) * * *
    (5) The annual volumetric flow discharged to the atmosphere (in 
scf), and an indication of the measurement or estimation method, annual 
average mole fraction of each GHG above the concentration threshold or 
otherwise required to be reported and an indication of the measurement 
or estimation method, and for intermittent vents, the number of venting 
events and the cumulative venting time.
* * * * *
    (m) * * *
    (3) For uncontrolled blowdown systems reporting under Sec.  
98.253(k), the basis for the value of the methane emission factor used 
for uncontrolled blowdown systems.
* * * * *
    (o) * * *
    (4) * * *
    (v) The basis for the mole fraction of CH4 in vent gas 
from unstabilized crude oil storage tanks.
* * * * *
    (p) * * *
    (2) The types of materials loaded that have an equilibrium vapor-
phase concentration of methane of 0.5 volume percent or greater, and 
the type of vessel

[[Page 63796]]

(barge, tanker, marine vessel, etc.) in which each type of material is 
loaded.
* * * * *

0
38. Section 98.257 is amended to read as follows:


Sec.  98.257  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) and (b) of this section.
    (a) The records of all parameters monitored under Sec.  98.255. If 
you comply with the combustion methodology in Sec.  98.252(a), then you 
must retain under this subpart the records required for the Tier 3 and/
or Tier 4 Calculation Methodologies in Sec.  98.37 and you must keep 
records of the annual average flow calculations.
    (b) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (b)(1) through (67) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (b)(1) through (67) of this 
section.
    (1) Volume of flare gas combusted during measurement period (scf) 
(Equation Y-1b of Sec.  98.253).
    (2) Mole percent CO2 concentration in the flare gas 
stream during the measurement period (mole percent) (Equation Y-1b).
    (3) Mole percent concentration of compound ``x'' in the flare gas 
stream during the measurement period (mole percent) (Equation Y-1b).
    (4) Carbon mole number of compound ``x'' in the flare gas stream 
during the measurement period (mole carbon atoms per mole compound) 
(Equation Y-1b).
    (5) Molar volume conversion factor (scf per kg-mole) (Equation Y-
1b).
    (6) Annual volume of flare gas combusted for each flare during 
normal operations from company records (million (MM) standard cubic 
feet per year, MMscf/year) (Equation Y-3 of Sec.  98.253).
    (7) Higher heating value for fuel gas or flare gas for each flare 
from company records (British thermal units per scf, Btu/scf = MMBtu/
MMscf) (Equation Y-3).
    (8) Volume of flare gas combusted during indexed start-up, 
shutdown, or malfunction event from engineering calculations (scf) 
(Equation Y-3).
    (9) Average molecular weight of the flare gas, from the analysis 
results or engineering calculations for the event (kg/kg-mole) 
(Equation Y-3).
    (10) Molar volume conversion factor (scf per kg-mole) (Equation Y-
3).
    (11) Average carbon content of the flare gas, from analysis results 
or engineering calculations for the event (kg C per kg flare gas) 
(Equation Y-3).
    (12) Weight fraction of carbon in the flare gas prior to combustion 
in each flare that is contributed by methane from measurement values or 
engineering calculations (kg C in methane in flare gas/kg C in flare 
gas) (Equation Y-4 of Sec.  98.253).
    (13) Annual throughput of unit from company records for each 
catalytic cracking unit or fluid coking unit (barrels/year) (Equation 
Y-8 of Sec.  98.253).
    (14) Coke burn-off factor from engineering calculations (default 
for catalytic cracking units = 7.3; default for fluid coking units = 
11) (kg coke per barrel of feed) (Equation Y-8).
    (15) Carbon content of coke based on measurement or engineering 
estimate (kg C per kg coke) (Equation Y-8).
    (16) Value of unit-specific CH4 emission factor, 
including the units of measure, for each catalytic cracking unit, 
traditional fluid coking unit, catalytic reforming unit, and coke 
calcining unit (calculation method in Sec.  98.253(c)(4)).
    (17) Annual activity data (e.g., input or product rate), including 
the units of measure, in units of measure consistent with the emission 
factor, for each catalytic cracking unit, traditional fluid coking 
unit, catalytic reforming unit, and coke calcining unit (calculation 
method in Sec.  98.253(c)(4)).
    (18) Value of unit-specific N2O emission factor, 
including the units of measure, for each catalytic cracking unit, 
traditional fluid coking unit, catalytic reforming unit, and coke 
calcining unit (calculation method in Sec.  98.253(c)(5)).
    (19) Annual activity data (e.g., input or product rate), including 
the units of measure, in units of measure consistent with the emission 
factor, for each catalytic cracking unit, traditional fluid coking 
unit, catalytic reforming unit, and coke calcining unit (calculation 
method in Sec.  98.253(c)(5)).
    (20) Carbon content of coke based on measurement or engineering 
estimate (default = 0.94) (kg C per kg coke) (Equation Y-11 of Sec.  
98.253).
    (21) Volumetric flow rate of sour gas (including sour water 
stripper gas) feed sent off site for sulfur recovery in the year (scf/
year) (Equation Y-12 of Sec.  98.253).
    (22) Mole fraction of carbon in the sour gas feed sent off site for 
sulfur recovery (kg-mole C/kg-mole gas) (Equation Y-12).
    (23) Molar volume conversion factor for sour gas sent off site (scf 
per kg-mole) (Equation Y-12).
    (24) Volumetric flow rate of sour gas (including sour water 
stripper gas) fed to the onsite sulfur recovery plant (scf/year) 
(Equation Y-12).
    (25) Mole fraction of carbon in the sour gas fed to the onsite 
sulfur recovery plant (kg-mole C/kg-mole gas) (Equation Y-12).
    (26) Molar volume conversion factor for onsite sulfur recovery 
plant (scf per kg-mole) (Equation Y-12).
    (27) Annual mass of green coke fed to the coke calcining unit from 
facility records (metric tons/year) (Equation Y-13 of Sec.  98.253).
    (28) Annual mass of marketable petroleum coke produced by the coke 
calcining unit from facility records (metric tons/year) (Equation Y-
13).
    (29) Annual mass of petroleum coke dust removed from the process 
through the dust collection system of the coke calcining unit from 
facility records. For coke calcining units that recycle the collected 
dust, the mass of coke dust removed from the process is the mass of 
coke dust collected less the mass of coke dust recycled to the process 
(metric tons/year) (Equation Y-13).
    (30) Average mass fraction carbon content of green coke from 
facility measurement data (metric tons C per metric ton green coke) 
(Equation Y-13).
    (31) Average mass fraction carbon content of marketable petroleum 
coke produced by the coke calcining unit from facility measurement data 
(metric tons C per metric ton petroleum coke (Equation Y-13).
    (32) Quantity of asphalt blown for each asphalt blowing unit 
(million barrels per year (MMbbl/year)) (Equation Y-14 of Sec.  
98.253).
    (33) Emission factor for CO2 from uncontrolled asphalt 
blowing from facility-specific test data for each asphalt blowing unit 
(metric tons CO2/MMbbl asphalt blown) (Equation Y-14).
    (34) Emission factor for CH4 from uncontrolled asphalt 
blowing from facility-specific test data for each asphalt blowing unit 
(metric tons CH4/MMbbl asphalt blown) (Equation Y-15 of 
Sec.  98.253).
    (35) Quantity of asphalt blown (million barrels/year (MMbbl/year)) 
(Equation Y-16a of Sec.  98.253).
    (36) Carbon emission factor from asphalt blowing from facility-
specific test data (metric tons C/MMbbl asphalt blown) (Equation Y-
16a).
    (37) Quantity of asphalt blown for each asphalt blowing unit 
(million barrels per year (MMbbl/year)) (Equation Y-16b of Sec.  
98.253).

[[Page 63797]]

    (38) Emission factor for CO2 from uncontrolled asphalt 
blowing from facility-specific test data for each asphalt blowing unit 
(metric tons CO2/MMbbl asphalt blown) (Equation Y-16b).
    (39) Carbon emission factor from asphalt blowing from facility-
specific test data for each asphalt blowing unit (metric tons C/MMbbl 
asphalt blown) (Equation Y-16b).
    (40) Emission factor for CH4 from uncontrolled asphalt 
blowing from facility-specific test data for each asphalt blowing unit 
(metric tons CH4/MMbbl asphalt blown) (Equation Y-17 of 
Sec.  98.253).
    (41) Cumulative number of vessel openings for all delayed coking 
unit vessels of the same dimensions during the year (Equation Y-18 of 
Sec.  98.253).
    (42) Height of coking unit vessel for each set of coke drums or 
vessels of the same size (feet) (Equation Y-18).
    (43) Gauge pressure of the coking vessel when opened to the 
atmosphere prior to coke cutting or, if the alternative method provided 
in Sec.  98.253(i)(2) is used, gauge pressure of the coking vessel when 
depressurization gases are first routed to the atmosphere for each set 
of coke drums or vessels of the same size (pounds per square inch gauge 
(psig)) (Equation Y-18).
    (44) Volumetric void fraction of coking vessel prior to steaming 
for each set of coke drums or vessels of the same size (cf gas/cf of 
vessel) (Equation Y-18).
    (45) Diameter of coking unit vessel for each set of coke drums or 
vessels of the same size (feet) (Equation Y-18).
    (46) Molar volume conversion factor for each set of coke drums or 
vessels of the same size (scf per kg-mole) (Equation Y-18).
    (47) Average volumetric flow rate of process gas during the event 
from measurement data, process knowledge, or engineering estimates for 
each set of coke drums or vessels of the same size (scf per hour) 
(Equation Y-19 of Sec.  98.253).
    (48) Mole fraction of methane in process vent during the event from 
measurement data, process knowledge, or engineering estimates for each 
set of coke drums or vessels of the same size (kg-mole CH4/
kg-mole gas) (Equation Y-19).
    (49) Venting time for the event for each set of coke drums or 
vessels of the same size (hours) (Equation Y-19).
    (50) Molar volume conversion factor for each set of coke drums or 
vessels of the same size (scf per kg-mole) (Equation Y-19).
    (51) Quantity of crude oil plus the quantity of intermediate 
products received from off site that are processed at the facility 
(MMbbl/year) (Equation Y-20 of Sec.  98.253).
    (52) Molar volume conversion factor (scf per kg-mole) (Equation Y-
20).
    (53) Methane emission factor for uncontrolled blown systems (scf 
CH4/MMbbl) (Equation Y-20).
    (54) Quantity of crude oil plus the quantity of intermediate 
products received from off site that are processed at the facility 
(MMbbl/year) (Equation Y-22 of Sec.  98.253).
    (55) Quantity of unstabilized crude oil received at the facility 
(MMbbl/year) (Equation Y-23 of Sec.  98.253).
    (56) Pressure differential from the previous storage pressure to 
atmospheric pressure (psi) (Equation Y-23).
    (57) Average mole fraction of CH4 in vent gas from the 
unstabilized crude oil storage tanks from facility measurements (kg-
mole CH4/kg-mole gas) (Equation Y-23).
    (58) Molar volume conversion factor (scf per kg-mole) (Equation Y-
23).
    (59) Specify whether the calculated or default loading factor L 
specified in Sec.  98.253(n) is entered, for each liquid loaded to each 
(methods specified in Sec.  98.253(n)).
    (60) Saturation factor specified in Sec.  98.253(n), for each 
liquid loaded to each vessel (methods specified in Sec.  98.253(n)).
    (61) True vapor pressure of liquid loaded, for each liquid loaded 
to each vessel (psia) (methods specified in Sec.  98.253(n)).
    (62) Molecular weight of vapors (lb per lb-mole), for each liquid 
loaded to each vessel (methods specified in Sec.  98.253(n)).
    (63) Temperature of bulk liquid loaded, for each liquid loaded to 
each vessel ([deg]R, degrees Rankine) (methods specified in Sec.  
98.253(n)).
    (64) Total loading loss (without efficiency correction), for each 
liquid loaded to each vessel (pounds per 1000 gallons loaded) (methods 
specified in Sec.  98.253(n)).
    (65) Overall emission control system reduction efficiency, 
including the vapor collection system efficiency and the vapor recovery 
or destruction efficiency (enter zero if no emission controls), for 
each liquid loaded to each vessel (percent) (methods specified Sec.  
98.253(n)).
    (66) Vapor phase concentration of methane in liquid loaded, for 
each liquid loaded to each vessel (percent by volume) (methods 
specified in Sec.  98.253(n)).
    (67) Quantity of material loaded, for each liquid loaded to each 
vessel (thousand gallon per year) (methods specified in Sec.  
98.253(n)).

Subpart Z--Phosphoric Acid Production


Sec.  98.266  [Amended]

0
39. Section 98.266 is amended by removing and reserving paragraphs 
(f)(5) and (6).

0
40. Section 98.267 is amended by revising the introductory text and 
adding paragraph (d) to read as follows:


Sec.  98.267  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (d) of this 
section for each wet-process phosphoric acid production facility.
* * * * *
    (d) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (d)(1) through (4) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (d)(1) through (4) of this 
section.
    (1) Inorganic carbon content of a grab sample batch of phosphate 
rock by origin obtained during month by wet-process phosphoric acid 
process line, from the carbon analysis results (percent by weight, 
expressed as a decimal fraction) (Equation Z-1a of Sec.  98.263).
    (2) Mass of phosphate rock by origin consumed in month by wet-
process phosphoric acid process line (tons) (Equation Z-1a).
    (3) Carbon dioxide content of a grab sample batch of phosphate rock 
by origin obtained during month by wet-process phosphoric acid process 
line (percent by weight, expressed as a decimal fraction) (Equation Z-
1b of Sec.  98.263).
    (4) Mass of phosphate rock by origin consumed in month by wet-
process phosphoric acid process line (tons) (Equation Z-1b).

Subpart AA--Pulp and Paper Manufacturing

0
41. Section 98.276 is amended by:
0
a. Revising the introductory paragraph;
0
b. Removing and reserving paragraph (b);
0
c. Revising paragraph (c);
0
d. Removing and reserving paragraphs (d), (f), (g), (h) and (i); and
0
e. Adding paragraph (l).
    The revisions and addition read as follows:


Sec.  98.276  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c) and the 
applicable information required by Sec.  98.36, each

[[Page 63798]]

annual report must contain the information in paragraphs (a) through 
(l) of this section as applicable:
* * * * *
    (c) Basis for determining the annual mass of the spent liquor 
solids combusted (whether based on T650 om-05 Solids Content of Black 
Liquor, TAPPI (incorporated by reference, see Sec.  98.7) or an online 
measurement system).
* * * * *
    (l) For each pulp mill lime kiln, report the information specified 
in paragraphs (l)(1) and (2) of this section.
    (1) The quantity of calcium oxide (CaO) produced (metric tons).
    (2) The percent of annual heat input, individually for each fossil 
fuel type.

0
42. Section 98.277 is amended by revising the introductory text and 
adding paragraph (g) to read as follows:


Sec.  98.277  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must 
retain the records in paragraphs (a) through (g) of this section.
* * * * *
    (g) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (g)(1) through (27) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (g)(1) through (27) of this 
section.
    (1) Mass of the solid fuel combusted (tons/year) (Equation C-1 of 
Sec.  98.33).
    (2) Volume of the liquid fuel combusted (gallons/year) (Equation C-
1).
    (3) Volume of the gaseous fuel combusted (scf/year) (Equation C-1).
    (4) Annual natural gas usage (therms/year) (Equation C-1a of Sec.  
98.33).
    (5) Annual natural gas usage (mmBtu/year) (Equation C-1b of Sec.  
98.33).
    (6) Mass of the solid fuel combusted (tons/year) (Equation C-2a of 
Sec.  98.33).
    (7) Volume of the liquid fuel combusted (gallons/year) (Equation C-
2a).
    (8) Volume of the gaseous fuel combusted (scf/year) (Equation C-
2a).
    (9) Annual mass of the solid fuel combusted (short tons/year) 
(Equation C-3 of Sec.  98.33).
    (10) Annual average carbon content of the solid fuel (percent by 
weight, expressed as a decimal fraction) (Equation C-3).
    (11) Annual volume of the liquid fuel combusted (gallons/year) 
(Equation C-4 of Sec.  98.33).
    (12) Annual average carbon content of the liquid fuel (kg C per 
gallon of fuel) (Equation C-4).
    (13) Annual volume of the gaseous fuel combusted (scf/year) 
(Equation C-5 of Sec.  98.33).
    (14) Annual average carbon content of the gaseous fuel (kg C per kg 
of fuel) (Equation C-5).
    (15) Annual average molecular weight of the gaseous fuel (kg/kg-
mole) (Equation C-5).
    (16) Molar volume conversion factor at standard conditions, as 
defined in Sec.  98.6 (scf per kg-mole) (Equation C-5).
    (17) Identify if you will use the default high heat value from 
Table C-1 of subpart C of this part, or actual HHV data (Equation C-8 
of Sec.  98.33).
    (18) High heat value of the fuel (mmBTU/tons) (Equation C-8).
    (19) High heat value of the fuel (mmBTU/gallons) (Equation C-8).
    (20) High heat value of the fuel (mmBTU/scf) (Equation C-8).
    (21) Mass of spent liquor solids combusted from each chemical 
recovery furnace located at a kraft or soda facility, in short tons in 
year, determined according to Sec.  98.274(b) (tons/year) (Equation AA-
1 of Sec.  98.273).
    (22) Annual high heat value of the spent liquor solids from each 
chemical recovery furnace located at a kraft or soda facility 
determined according to Sec.  98.274(b) (mmBtu per kilogram) (Equation 
AA-1).
    (23) Annual high heat value of the spent liquor solids from each 
chemical recovery combustion unit located at a sulfite or stand-alone 
semichemical facility, determined according to Sec.  98.274(b) (mmBtu 
per kilogram) (Equation AA-1).
    (24) Mass of the spent liquor solids combusted in short tons per 
year determined according to Sec.  98.274(b) (tons/year) (Equation AA-2 
of Sec.  98.273).
    (25) Annual carbon content of the spent liquor solids, determined 
according to Sec.  98.274(b) (percent by weight, expressed as a decimal 
fraction (e.g., 95% = 0.95)) (Equation AA-2).
    (26) Make-up quantity of CaCO3 used for the reporting 
year (metric tons/year) (Equation AA-3 of Sec.  98.273).
    (27) Make-up quantity of Na2CO3 used for the 
reporting year metric tons/year) (Equation AA-3).

Subpart BB--Silicon Carbide Production


Sec.  98.286  [Amended]

0
43. Section 98.286 is amended by removing and reserving paragraphs 
(b)(1), (4), and (6).

0
44. Section 98.287 is amended by revising the introductory text and 
adding paragraph (c) to read as follows:


Sec.  98.287  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (c) of this 
section for each silicon carbide production facility.
* * * * *
    (c) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (c)(1) and (2) of this 
section. Retention of this file satisfies the recordkeeping requirement 
for the data in paragraphs (c)(1) and (2) of this section.
    (1) Carbon content factor for petroleum coke consumed in month from 
the supplier or as measured by the applicable method (percent by weight 
expressed as a decimal fraction) (Equation BB-1 of Sec.  98.283).
    (2) Petroleum coke consumption in month (tons) (Equation BB-2 of 
Sec.  98.283).

Subpart CC--Soda Ash Manufacturing

0
45. Section 98.296 is amended by removing and reserving paragraphs 
(b)(5) through (7) and adding paragraphs (b)(10)(v) and (vi) to read as 
follows:


Sec.  98.296  Data reporting requirements.

* * * * *
    (b) * * *
    (10) * * *
    (v) Average process vent flow from mine water stripper/evaporator 
during performance test (pounds/hour).
    (vi) Annual process vent flow rate from mine water stripper/
evaporator (thousand pounds/hour).
* * * * *

0
46. Section 98.297 is amended by revising the introductory text and 
adding paragraph (c) to read as follows:


Sec.  98.297  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (c) of this 
section for each soda ash manufacturing line.
* * * * *
    (c) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (c)(1) through (4) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (c)(1) through (4) of this 
section
    (1) Inorganic carbon content in trona input, from the carbon 
analysis results for month (percent by weight, expressed as a decimal 
fraction) (Equation CC-1 of Sec.  98.293).

[[Page 63799]]

    (2) Mass of trona input in month (tons) (Equation CC-1).
    (3) Inorganic carbon content in soda ash output, from the carbon 
analysis results for month (percent by weight, expressed as a decimal 
fraction) (Equation CC-2 of Sec.  98.293).
    (4) Mass of soda ash output in month (tons) (Equation CC-2).

Subpart EE--Titanium Dioxide Production


Sec.  98.316  [Amended]

0
47. Section 98.316 is amended by removing and reserving paragraphs 
(b)(6) and (9).

0
48. Section 98.317 is amended by revising the introductory text and 
adding paragraph (c) to read as follows:


Sec.  98.317  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (c) of this 
section for each titanium dioxide production facility.
* * * * *
    (c) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (c)(1) and (2) of this 
section. Retention of this file satisfies the recordkeeping requirement 
for the data in paragraphs (c)(1) and (2) of this section.
    (1) Carbon content factor for petroleum coke consumed in month from 
the supplier or as measured by the applicable method incorporated by 
reference in Sec.  98.7 according to Sec.  98.314(c) (percent by 
weight, expressed as a decimal fraction) (Equation EE-2 of Sec.  
98.313).
    (2) Calcined petroleum coke consumption for process line in month 
(tons) (Equation EE-2).

Subpart GG--Zinc Production


Sec.  98.336  [Amended]

0
49. Section 98.336 is amended by removing and reserving paragraphs 
(b)(6), (7), and (10).

0
50. Section 98.337 is amended by revising the introductory text and 
adding paragraph (c) to read as follows:


Sec.  98.337  Records that must be retained.

    In addition to the records required by Sec.  98.3(g), you must 
retain the records specified in paragraphs (a) through (c) of this 
section for each zinc production facility.
* * * * *
    (c) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (c)(1) through (9) of 
this section. Retention of this file satisfies the recordkeeping 
requirement for the data in paragraphs (c)(1) through (9) of this 
section.
    (1) Annual mass of zinc bearing material charged to kiln or furnace 
(tons) (Equation GG-1 of Sec.  98.333).
    (2) Carbon content of the zinc bearing material, from the annual 
carbon analysis for kiln or furnace (percent by weight, expressed as a 
decimal fraction) (Equation GG-1).
    (3) Annual mass of flux materials (e.g., limestone, dolomite) 
charged to each kiln or furnace (tons) (Equation GG-1).
    (4) Carbon content of the flux materials charged to each kiln or 
furnace, from the annual carbon analysis (percent by weight, expressed 
as a decimal fraction) (Equation GG-1).
    (5) Annual mass of carbon electrode consumed in each furnace (tons) 
(Equation GG-1).
    (6) Carbon content of the carbon electrode consumed in each 
furnace, from the annual carbon analysis (percent by weight, expressed 
as a decimal fraction) (Equation GG-1).
    (7) Annual mass of carbonaceous materials (e.g., coal, coke) 
charged to each kiln or furnace (tons) (Equation GG-1).
    (8) Carbon content of the carbonaceous materials charged to each 
kiln or furnace, from the annual carbon analysis (percent by weight, 
expressed as a decimal fraction) (Equation GG-1).
    (9) Identify whether each unit is a Waelz kiln or an electrothermic 
furnace.

Subpart TT--Industrial Waste Landfills

0
51. Section 98.466 is amended by:
0
a. Removing and reserving paragraph (c)(3)(i);
0
b. Revising paragraph (c)(3)(ii); and
0
c. Removing and reserving paragraph (c)(3)(iii).
    The revisions read as follows:


Sec.  98.466  Data reporting requirements.

* * * * *
    (c) * * *
    (3) * * *
    (ii) The year of the data used in Equation TT-2 of Sec.  98.463 for 
the waste disposal quantity and production quantity, for each year used 
in Equation TT-2 to calculate the average waste disposal factor (WDF).
* * * * *

0
52. Section 98.467 is amended to read as follows:


Sec.  98.467  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must 
retain:
    (a) 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 Sec.  98.460(c)(2)(xii) 
or (xiii) or used to determine waste stream-specific DOCX 
values for use in Equation TT-1 of Sec.  98.463.
    (b) Verification software records. You must keep a record of the 
file generated by the verification software specified in Sec.  98.5(b) 
for the applicable data specified in paragraphs (b)(1) and (2) of this 
section. Retention of this file satisfies the recordkeeping requirement 
for the data in paragraphs (b)(1) and (2) of this section.
    (1) Quantity of each product produced or feedstock entering the 
process or facility per waste stream per year, from measurement data 
and/or other company records. You must use the same basis for all years 
in the calculation (i.e., based on production or based on quantity of 
feedstock) (metric tons) (Equation TT-2 of Sec.  98.463).
    (2) [Reserved]

[FR Doc. 2014-23780 Filed 10-23-14; 8:45 am]
BILLING CODE 6560-50-P


