6560.50

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[ HYPERLINK
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zard/DocketWizardContainer.jsp" \t "_blank" EPA-HQ-OAR-2011-0147 ; FRL-]

RIN 2060-AQ85

Mandatory Reporting of Greenhouse Gases

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to amend specific provisions in the Mandatory
Reporting of Greenhouse Gases Rule to correct certain technical and
editorial errors that have been identified since promulgation and to
clarify or propose amendments to certain provisions that have been the
subject of questions from reporting entities.  These proposed changes
include additional information to clarify compliance obligations,
correct data reporting elements so they more closely conform to the
information used to perform emission calculations, and make other
corrections and amendments.  EPA has received petitions for
reconsideration on some of these subparts.  EPA is still considering
these petitions, and the issues raised in the petitions are not
discussed or addressed in this action. 

DATES:  Comments.  Comments must be received on or before [INSERT THE
DATE 45 DAYS AFTER PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL
REGISTER].  

Public Hearing.  EPA does not plan to conduct a public hearing unless
requested.  To request a hearing, please contact the person listed in
the following FOR FURTHER INFORMATION CONTACT section by [INSERT DATE 7
DAYS AFTER DATE OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL
REGISTER].  If requested, the hearing will be conducted on [INSERT DATE
15 DAYS AFTER DATE OF PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL
REGISTER], in the Washington, DC area.  EPA will provide further
information about the hearing on its webpage if a hearing is requested.

ADDRESSES:  You may submit your comments, identified by Docket ID No. 
HYPERLINK
"https://fdms.erulemaking.net/fdms-web-agency/custom/jsp/agency/docketwi
zard/DocketWizardContainer.jsp" \t "_blank" EPA-HQ-OAR-2011-0147   by
any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov.  Follow the
online instructions for submitting comments.

E-mail: MRR_Corrections HYPERLINK "mailto:@epa.gov" @epa.gov . Include
Docket ID No.  HYPERLINK
"https://fdms.erulemaking.net/fdms-web-agency/custom/jsp/agency/docketwi
zard/DocketWizardContainer.jsp" \t "_blank" EPA-HQ-OAR-2011-0147 
[and/or RIN number] in the subject line of the message.

Fax: (202) 566–9744.

Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC),
Mailcode 2822T, Attention Docket ID No. EPA-HQ-OAR–2011-0147, 1200
Pennsylvania Avenue, NW., Washington, DC 20004.

Hand/Courier Delivery: EPA Docket Center, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20004.  Such deliveries are only accepted during the Docket’s normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions: Direct your comments to Docket ID No.
EPA–HQ–OAR–2011-0147, 2011 Technical Corrections, Clarifying and
Other Amendments to Certain Provisions of the Mandatory Reporting of
Greenhouse Gases Rule.  EPA’s policy is that all comments received
will be included in the public docket without change and may be made
available online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be confidential business information (CBI) or other information whose
disclosure is restricted by statute.  Do not submit information that you
consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail.  The http://www.regulations.gov
website is an “anonymous access” system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment.  If you send an e-mail comment directly to EPA
without going through http://www.regulations.gov your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet.  If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD–ROM you submit.  If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA may
not be able to consider your comment.  Electronic files should avoid the
use of special characters, any form of encryption, and be free of any
defects or viruses.

Docket:  All documents in the docket are listed in the
http://www.regulations.gov index.  Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC,
EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington,
DC.  This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
Public Reading Room is (202) 566–1744, and the telephone number for
the Air Docket is (202) 566–1742.

FOR FURTHER INFORMATION CONTACT:  Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460; telephone
number: (202) 343-9263; fax number: (202) 343-2342; e-mail address:
GHGReportingRule@epa.gov.  For technical information, please go to the
Greenhouse Gas Reporting Rule Program website  HYPERLINK
"http://www.epa.gov/climatechange/emissions/ghgrulemaking.html"
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html .  To
submit a question, select Rule Help Center, followed by Contact Us.  To
obtain information about the public hearing or to register to speak at
the hearing, please go to
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. 
Alternatively, contact Carole Cook at 202–343–9263. 

Worldwide Web (WWW).  In addition to being available in the docket, an
electronic copy of this proposal will also be available through the WWW.
 Following the Administrator's signature, a copy of this action will be
posted on EPA's Greenhouse Gas Reporting Program website at  HYPERLINK
"http://www.epa.gov/climatechange/" http://www.epa.gov/climatechange/
emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION:

Additional Information on Submitting Comments: To expedite review of
your comments by Agency staff, you are encouraged to send a separate
copy of your comments, in addition to the copy you submit to the
official docket, to Carole Cook, U.S. EPA, Office of Atmospheric
Programs, Climate Change Division, Mail Code 6207–J, Washington, DC,
20460, telephone (202) 343-9263, e-mail address:
GHGReportingRule@epa.gov.

Regulated Entities.  The Administrator determined that this action is
subject to the provisions of Clean Air Act (CAA) section 307(d).  See
CAA section 307(d)(1)(V) (the provisions of section 307(d) apply to
“such other actions as the Administrator may determine”).  These are
proposed amendments to existing regulations.  If finalized, these
amended regulations would affect owners or operators of certain
industrial gas suppliers and direct emitters of GHGs.  Regulated
categories and examples of affected entities include those listed in
Table 1 of this preamble:

Table 1.  Examples of Affected Entities by Category

Category	NAICS	Examples of affected facilities

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.

Underground Coal Mines	212113	Underground anthracite coal mining
operations.

	212112	Underground bituminous coal mining operations.

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

Industrial Wastewater Treatment	322110	Pulp mills.

	322121	Paper mills.

	322122	Newsprint mills

	322130	Paperboard mills.

	311611 	Meat processing facilities.

	311411 

	Frozen fruit, juice, and vegetable manufacturing facilities.

	311421	Fruit and vegetable canning facilities.

	325193 	Ethanol manufacturing facilities.



	324110 	Petroleum refineries.

Suppliers of Industrial GHGs	325120	Industrial gas production
facilities.

Geologic Sequestration of Carbon Dioxide	N/A	CO2 geologic sequestration
projects

Industrial Waste Landfills	562212	Solid waste landfills.

	322110	Pulp mills.

	322121	Paper mills.

	322122	Newsprint mills.

	322130	Paperboard mills.

	311611	Meat processing facilities.

	311411	Frozen fruit, juice, and vegetable manufacturing facilities.

	311421	Fruit and vegetable canning facilities.

	221320	Sewage treatment facilities.



Table 1 of this preamble is not intended to be exhaustive, but rather
lists the types of facilities or suppliers that EPA is now aware could
be potentially affected by the reporting requirements.  Other types of
facilities and suppliers than those listed in the table could also be
subject to reporting requirements.  To determine whether you are
affected by this action, you should carefully examine the applicability
criteria found in 40 CFR part 98, subpart A or the relevant criteria in
the sections related to suppliers and direct emitters of GHGs.  If you
have questions regarding the applicability of this action to a
particular facility or supplier, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT Section.

Acronyms and Abbreviations.  The following acronyms and abbreviations
are used in this document.

acf	actual cubic feet

AGR	acid gas removal

ASTM	American Society for Testing and Materials

BAMM	best available monitoring methods

CAA	Clean Air Act

CBI	confidential business information

CEMS	continuous emissions monitoring system

CFC	chlorofluorocarbon

CFR	Code of Federal Regulations

CH4	methane

CO2	carbon dioxide

DOC	degradable organic carbon

EF	emission factor

e-GGRT	electronic-GHG Reporting Tool

EPA	U.S. Environmental Protection Agency

FR	Federal Register

GHG	greenhouse gas

GHGRP	Greenhouse Gas Reporting Program

HCFC	hydrochlorofluorocarbon

kg	kilograms

kg/ft3	kilograms per cubic foot

mcf	methane correction factor

MMscf	million standard cubic feet

MRV	monitoring, reporting and verification

MSHA	Mine Safety and Health Administration

MtCO2e	metric tons carbon dioxide equivalent

N2O	nitrous oxide

NAICS	North American Industry Classification System

NOAA	National Oceanic and Atmospheric Administration

NTTAA	National Technology Transfer and Advancement Act

OMB	Office of Management and Budget

PFCs	perfluorocarbons

psia	pounds per square inch absolute

RFA	Regulatory Flexibility Act

SF6	sulfur hexafluoride

U.S.	United States

UMRA	Unfunded Mandates Reform Act of 1995

TABLE OF CONTENTS 

  TOC \o "3-3" \n \h \z \t "Heading 1,1,Heading 2,2,_Level 2-GHG
Preamble,2,_Level 1-GHG Preamble,1"   HYPERLINK \l "_Toc291160761" I. 
Background 

 HYPERLINK \l "_Toc291160762" A.  How is this preamble organized? 

 HYPERLINK \l "_Toc291160763" B.  Background on This Action 

 HYPERLINK \l "_Toc291160764" C.  Legal Authority 

 HYPERLINK \l "_Toc291160765" D.  How would these amendments apply to
2012 reports? 

 HYPERLINK \l "_Toc291160766" II.  Technical Corrections and Other
Amendments 

 HYPERLINK \l "_Toc291160767" A.  Subpart A – General Provisions 

 HYPERLINK \l "_Toc291160769" B.  Subpart W – Petroleum and Natural
Gas Systems 

 HYPERLINK \l "_Toc291160770" C.  Subpart FF — Underground Coal Mines 

 HYPERLINK \l "_Toc291160771" D.  Subpart II – Industrial Wastewater
Treatment 

 HYPERLINK \l "_Toc291160772" E.  Subpart OO — Suppliers of Industrial
Greenhouse Gases 

 HYPERLINK \l "_Toc291160773" F.  Subpart RR – Geologic Sequestration
of Carbon Dioxide 

 HYPERLINK \l "_Toc291160774" G.  Subpart TT — Industrial Waste
Landfills 

 HYPERLINK \l "_Toc291160775" III.  Statutory and Executive Order
Reviews 

 HYPERLINK \l "_Toc291160776" A.  Executive Order 12866: Regulatory
Planning and Review and Executive Order 13563: Improving Regulation and
Regulatory Review 

 HYPERLINK \l "_Toc291160777" B.  Paperwork Reduction Act 

 HYPERLINK \l "_Toc291160778" C.  Regulatory Flexibility Act (RFA) 

 HYPERLINK \l "_Toc291160779" D.  Unfunded Mandates Reform Act (UMRA) 

 HYPERLINK \l "_Toc291160780" E.  Executive Order 13132: Federalism 

 HYPERLINK \l "_Toc291160781" F.  Executive Order 13175: Consultation
and Coordination with Indian Tribal Governments 

 HYPERLINK \l "_Toc291160782" G.  Executive Order 13045: Protection of
Children from Environmental Health Risks and Safety Risks 

 HYPERLINK \l "_Toc291160783" H.  Executive Order 13211: Actions that
Significantly Affect Energy Supply, Distribution, or Use 

 HYPERLINK \l "_Toc291160784" I.  National Technology Transfer and
Advancement Act 

 HYPERLINK \l "_Toc291160785" J.  Executive Order 12898: Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations 

 I.  Background

A.  How is this preamble organized?

The first section of this preamble contains the basic background
information about the origin of these proposed rule amendments and
request for public comment.  This section also discusses EPA’s use of
our legal authority under the Clean Air Act to collect data under the
Mandatory Reporting of Greenhouse Gases (GHG reporting) rule.

The second section of this preamble describes in detail the changes that
are being proposed to correct technical errors, to provide
clarification, or propose amendments to address implementation issues
identified by EPA and others.  This section also presents EPA’s
rationale for the proposed changes and identifies issues on which EPA is
particularly interested in receiving public comments.

Finally, the last (third) section of the preamble discusses the various
statutory and executive order requirements applicable to this proposed
rulemaking.

B.  Background on This Action

The 2009 final GHG reporting rule (2009 final rule) was signed by EPA
Administrator Lisa Jackson on September 22, 2009 and published in the
Federal Register on October 30, 2009 (74 FR 56260, October 30, 2009). 
The 2009 final rule, which became effective on December 29, 2009,
includes reporting of GHGs from various facilities and suppliers,
consistent with the 2008 Consolidated Appropriations Act.  Subsequent
notices were published in 2010 finalizing the requirements for subparts
FF, II, and TT (75 FR 39736, July 12, 2010), subpart W (75 FR 74458,
November 30, 2010), subpart DD (75 FR 74774, December 1, 2010) and
subpart RR (75 FR 75060, December 1, 2010).  Subpart OO, which was
promulgated as part of the 2009 final rule was also revised in 2010 (75
FR 79092, December 17, 2010).  The source categories in 40 CFR part 98
cover approximately 85-90 percent of U.S. GHG emissions through
reporting by direct emitters, as well as suppliers of certain products
that would result in GHG emission when released, used, or oxidized, and
those that geologically sequester or otherwise inject carbon dioxide
(CO2) underground.  

C.  Legal Authority

EPA is proposing these rule amendments under its existing CAA authority,
specifically authorities provided in CAA section 114. 

As stated in the preamble to the 2009 final rule (74 FR 56260) and the
Response to Comments on the Proposed Rule, Volume 9, Legal Issues, CAA
section 114 provides EPA broad authority to require the information
proposed to be gathered by this rule because such data would inform and
are relevant to EPA’s carrying out a wide variety of CAA provisions. 
As discussed in the preamble to the initial proposed rule (74 FR 16448,
April 10, 2009), CAA section 114(a)(1) authorizes the Administrator to
require emissions sources, persons subject to the CAA, manufacturers of
control or process equipment, or persons whom the Administrator believes
may have necessary information to monitor and report emissions and
provide such other information the Administrator requests for the
purposes of carrying out any provision of the CAA.  For further
information about EPA’s legal authority, see the preambles to the 2009
proposed and final rules and EPA’s Response to Comments, Volume 9.

D.  How would these amendments apply to 2012 reports?

EPA is planning to address the comments on these proposed amendments and
publish the final amendments before the end of 2011.  Therefore,
reporters would be expected to calculate emissions and other relevant
data for the reports that are submitted in 2012 using 40 CFR part 98 as
amended by this proposed action.  We have determined that it is feasible
for the sources to implement these changes for the 2011 reporting year
because the revisions primarily provide additional clarifications
regarding the existing regulatory requirements, do not change the type
of information that must be collected, and do not materially affect how
emissions are calculated.

For example, EPA is proposing several technical clarifications and
amendments to subpart A to address issues raised by reporters through
questions to the hotline in late 2010 and early 2011, as well as those
identified by EPA.  For additional background information on the
questions raised, please refer to the Technical Support Document for the
2011 Technical Corrections, Clarifying and Other Amendments to Certain
Provisions of the Mandatory Reporting of Greenhouse Gases Rule proposal
available in the docket to this rulemaking (EPA–HQ–OAR–2011-0147).
 For instance, we are proposing to change the threshold for underground
coal mines to include only those that liberate 36,500,000 actual cubic
feet (acf) of methane (CH4) or more per year (equivalent to 100,000 acf
of CH4 or more per day).  If the current regulatory threshold is
retained, all mines that are currently subject to quarterly or more
frequent sampling by Mine Safety and Health Administration (MSHA) would
be required to report.  Given that the original requirements were based
on an incorrect assumption regarding the number of mines that MSHA
samples, we are proposing a new threshold that will remove reporting
requirements for approximately 500 mines (see relevant discussion in
Section II.C of this preamble).  We are also proposing provisions to
clarify the time period during which information must be submitted to
EPA and to clarify which information may be submitted through the
electronic Greenhouse Gas Reporting Tool (e-GGRT) and which must be
mailed to the Director of the Climate Change Division.  We are also
proposing a revision to the definition of “supplier” to be
consistent with changes made to the rule during 2010.  These changes
impose no additional burden for facilities, and could be readily
implemented for the 2011 reporting year.

Many proposed revisions provide additional information to provide
clarity on existing requirements.  For example, in subpart W (Petroleum
and Natural Gas Systems) we are providing additional clarity on the
methodological options for calculating emissions from acid gas removal
units and emissions from well venting for liquids unloading.  In subpart
FF (Underground Coal Mines) we are proposing to clarify use of MSHA data
to calculate emissions.  While MSHA data may be used to collect data for
volume and concentration of methane, it does not provide temperature and
pressure data; therefore, we are proposing that measurements of
temperature must be made at the same time as MSHA measurements for
volume and concentration of methane and that for pressure, facilities
must use either a measured value or the average annual barometric
pressure from the nearest National Oceanic and Atmospheric
Administration (NOAA) weather service station.  This proposed
clarification is consistent with clarifications EPA has issued in
response to industry questions and does not change the rule requirements
for facilities collecting data in 2011 because the requirements to
collect temperature and pressure data were already clear in 40 CFR
98.324(b)(1).  In subpart RR, clarifying text is proposed in 40 CFR
98.443(d) to ensure that facilities account for CO2 entrained in
produced fluids from oil or gas production wells or from other fluid
wells that are not processed through a gas-liquid separator.  Although
we intended that CO2 content in all produced liquids would be determined
(see Section II.B.4 of the preamble to the final subpart RR rule (75 FR
75065, December 1, 2010)), the text in 40 CFR 98.443(d) and associated
equations were based on measurements that did not include fluids removed
without the use of a separator, such as water removed for pressure
relief.  Therefore, the clarifying text does not change the rule
requirements for facilities collecting data in 2011. 

Other proposed amendments provide additional clarity to the data
reporting elements.  For example, in subpart II (Industrial Wastewater
Treatment) we are proposing to clarify what is meant by weekly sampling
in 40 CFR 98.353(c) and (d); the proposed revisions would clarify that
reporters that sample only once per week must sample more than three
days apart.

For some subparts, we are proposing amendments that would provide
additional flexibility to the sources.  Thus, while they would be free
to use the amended regulations once final, facilities are not required
to follow the amendments for 2011 data collection.  For example, in
subpart TT (Industrial Waste Landfills), facilities are provided an
additional approach for determining the volatile solids concentration or
the waste-specific degradable organic carbon (DOC) values for
historically disposed streams.  The July 12, 2010 final rule had no
provisions by which waste streams that were not disposed of in the first
reporting year could be assessed.  These waste streams were required to
use the default DOC values, which have a high degree of uncertainty. 
The proposed revision allows owners and operators of industrial waste
landfills to develop more accurate values for volatile solids
concentration and site-specific DOC.  With these proposed amendments,
these facilities would have the option, but not be required, to use the
newly proposed option for the reports submitted to EPA in 2012 and
thereafter.

EPA is also proposing corrections to terms and definitions in certain
equations.  For example, in subpart TT (Industrial Waste Landfill), we
are proposing to delete Equation TT-7 and amend Equation TT-8, which
were incorrectly based on the assumption that the volatile solids
concentration was expected to have units of mass of volatile solids per
mass of (wet) waste.  We are correcting these equations per Standard
Method 2540G “Total, Fixed, and Volatile Solids in Solid and Semisolid
Samples,” in which the volatile solids concentration is determined on
a dry basis.  These clarifications do not result in additional
requirements; therefore, EPA has concluded that reporters subject to the
subparts that would be amended by this proposed action can follow the
rule, as amended, in submitting their reports in 2012 and thereafter.

Finally, EPA is proposing other technical corrections (e.g., correcting
cross references) that have no impact on facilities’ data collection
efforts in 2011.

In summary, these amendments would not require any additional monitoring
or information collection above what was already included in 40 CFR part
98.  Therefore, we expect that sources can use the same information that
they have been collecting under 40 CFR part 98 for each subpart to
calculate and report GHG emissions for 2011 and submit reports in 2012
under the amended subparts.

EPA generally seeks comment on the conclusion that it is appropriate to
implement these amendments and incorporate the requirements in the data
reported to EPA in 2012.  Further, we seek comment on whether there are
specific subparts and specific proposed changes where this timeline may
not be feasible or appropriate due to the nature of the proposed changes
or the way in which data have been collected thus far in 2011.  We
request that commenters provide specific examples of how the proposed
implementation schedule would or would not work.

II.  Technical Corrections and Other Amendments

Following promulgation of subparts A and OO on October 30, 2009,
subparts FF, II, and TT on July 12, 2010, subpart W on November 30,
2010, and subparts DD and RR on December 1, 2010, EPA has identified
errors in the regulatory language that we are now proposing to correct. 
These errors were identified as a result of working with affected
industries to implement these subparts.  We have also identified certain
rule provisions that should be amended to provide greater clarity.  The
amendments we are now proposing include the following types of changes:

Changes to correct cross references within and between subparts.  

Additional information to better or more fully understand compliance
obligations in a specific provision, such as the reference to a
standardized method that must be followed.

Amendments to certain equations to better reflect actual operating
conditions.

Corrections to terms and definitions in certain equations.

Corrections to data reporting requirements so that they more closely
conform to the information used to perform emission calculations.

Other amendments related to certain issues identified as a result of
working with the affected sources during rule implementation and
outreach.

We are seeking public comment only on the issues specifically identified
in this notice for the identified subparts.  We will not respond to any
comments addressing other aspects of 40 CFR part 98.

A.  Subpart A – General Provisions

EPA is proposing several technical clarifications and amendments to
subpart A to address issues raised by reporters and identified by EPA
during the first year of implementation of the GHG Reporting Program
(GHGRP), as well as to clarify terminology to ensure consistency across
all subparts.  In addition, a number of minor amendments are proposed to
ensure that the General Provisions appropriately reflect the
incorporation of the additional subparts into the GHGRP that were
finalized in 2010.

Threshold for Electrical Transmission and Distribution Equipment Use. 
We are proposing to amend Table A-3 in the General Provisions to clarify
applicability of the rule for Electrical Transmission and Distribution
Equipment Use (subpart DD).  The final subpart DD rule (December 1,
2010; 75 FR 74774) specifies at §98.301 that reporting is required for
an electric power system only if the total nameplate capacity of SF6 and
PFC containing equipment located within the electric power system, when
added to the total nameplate capacity of SF6 and PFC containing
equipment that is not located within the electric power system but is
under common ownership or control, exceeds 17,820 pounds. That section
of the rule also specifies that a facility other than an electric power
system that is subject to part 98 because of emissions from another
source category is only required to report emissions under subpart DD if
the total nameplate capacity of SF6 and PFC containing equipment located
within that facility exceeds 17,820 pounds.  The final rule, however,
does not include the 17,820 pound capacity threshold in Table A-3.  Some
potential reporters have questioned if this omission means that all
facilities with electric power equipment must submit an annual report,
even if they are below the capacity threshold and are not otherwise
required to report under any other provisions of part 98.  This
interpretation is clearly not the intent of the rule.  The regulatory
text in the final rule can and should be interpreted to mean that a
facility is required to submit an annual report only if the capacity
threshold is exceeded.  This interpretation is clear from the preamble
to the proposal (74 FR 16609) as well as the final rule (75 FR 74774)). 
However, we are proposing to revise Table A-3 to insert the capacity
threshold language of §98.301 to make the rule clearer and less subject
to misinterpretation.  Because the test for whether a facility meets the
numerical threshold differs depending on the type of facility, we are
including a reference to §98.301.  Therefore, we are revising the Table
A-3 entry for subpart DD to read as follows: Electrical transmission and
distribution use at facilities where the total nameplate capacity of SF6
and PFC containing equipment exceeds 17,820 pounds, as determined under
§98.301 (subpart DD).

Threshold for Underground Coal Mines.  We are proposing to change the
threshold for underground coal mines to include only those that have
ventilation emissions of 36,500,000 acf of CH4 or more per year.  For a
full description of this proposed change, please refer to the relevant
discussion under subpart FF of this action. 

Computation of Time.  EPA is proposing to add a provision to 40 CFR
98.3(b) to allow information, including but not limited to, the annual
GHG report and any subsequent re-submissions, the certificate of
representation, and requests to use best available monitoring methods,
to be submitted to EPA on the next business day in the event that a
regulatory deadline falls on a weekend or a Federal holiday.  The
proposed language is consistent with a similar provision under the Acid
Rain Program (40 CFR 72.11) and will provide all reasonable
flexibilities for submitting data without compromising data quality. 

2012 Reporting Deadline.  We are proposing a one-time extension of the
2012 reporting deadline for facilities and suppliers subject to source
categories for which data collection began January 1, 2011 (referred to
below as the “new 2011 reporting year source categories”).  A
deadline extension from March 31, 2012 to September 28, 2012 would apply
only to reporting of data elements under the following source
categories: Electronics Manufacturing (subpart I), Fluorinated Gas
Production (subpart L), Magnesium Production (subpart T), Petroleum and
Natural Gas Systems (subpart W), Use of Electric Transmission and
Distribution Equipment (subpart DD), Underground Coal Mines (subpart
FF), Industrial Wastewater Treatment (subpart II), Imports and Exports
of Equipment Pre–charged with Fluorinated GHGs or Containing
Fluorinated GHGs in Closed–cell Foams (subpart QQ), Geologic
Sequestration of Carbon Dioxide (subpart RR), Manufacture of Electric
Transmission and Distribution (subpart SS), Industrial Waste Landfills
(subpart TT), and Injection of Carbon Dioxide (subpart UU).

All facilities and suppliers subject to the GHGRP, including facilities
and suppliers that include the source categories listed above, would
still be required to report their GHG information for all other subparts
by March 31, 2012.  For example, a facility subject to report GHG
information under subparts C, W, and PP would still be required to
report GHG information for subparts C and PP by March 31, 2012, but
would not be required to submit the required data reporting elements
under subpart W until September 28, 2012.

We are proposing this change to the 2012 reporting deadline for the new
2011 reporting year source categories in order to allow sufficient time
for development, and more importantly stakeholder testing, of the
electronic-GHG Reporting Tool (e-GGRT).  Stakeholder testing provides an
opportunity for EPA to receive feedback from reporters and other
interested stakeholders to enable EPA to test the effectiveness of the
user interface of e-GGRT, correct any problems in advance of the
reporting deadline, and ultimately ensure that the data received under
the program are of the highest quality.  Stakeholder testing of the
electronic reporting tool for the new 2011 reporting year source
categories is particularly important given the large number of reporters
affected by these new categories (more than one quarter of all reporters
are estimated to be required to report under these new subparts).

Based on the discussion above, we are seeking comment on whether a
six-month extension of the 2012 reporting deadline for the new 2011
reporting year source categories to September 28, 2012, would be
appropriate.  Facilities and suppliers subject to the rule would still
be required to report all other required data reporting elements by
March 31, 2012, but would not report information related to the new 2011
reporting year source categories until September 28, 2012.

Reporting on use of Best Available Monitoring Methods (BAMM).  We are
proposing to amend 40 CFR 98.3(c)(7) to remove the phrase “according
to paragraph (d) of this section” thereby requiring all facilities and
suppliers that use BAMM to provide a brief description of each “best
available monitoring method” used, the parameter measured using the
method, and the time period during which the “best available
monitoring method” was used, if applicable.  This reporting
requirement was applicable to all facilities and suppliers using BAMM in
the 2009 final rule.  Most of the subparts promulgated in 2010 (subparts
T, DD, FF, II, QQ, RR, SS, TT, and UU) directly referred back to the
procedures in 40 CFR 98.3(d), and therefore the requirement to report
basic information on BAMM is required.  Through this amendment, we are
clarifying that this basic information must be reported for all
subparts, including subparts L (Fluorinated Gas Production) and W
(Petroleum and Natural Gas Systems).  This does not impact the
requirements of subpart I (Electronics Manufacturing), which already
directly include this reporting requirement in the data reporting
requirements of that subpart.

Definitions.

Blowdown vent stack.  We are proposing to amend the definition of
blowdown vent stack emissions to add the phrase “emissions from
emergency events are not included.”  EPA is proposing to make this
change to promote better consistency with provisions in subpart C, which
exempted emissions from emergency generators and equipment from being
included in the GHG emissions calculations.

Supplier.  Based on changes made to the rule during 2010, the definition
of supplier does not adequately represent the breadth of subparts
covered under the rule.  EPA is proposing to change the definition of
supplier in 40 CFR 98.6 so it specifically refers to those source
categories listed in Table A-5 to subpart A of part 98, and is as
described in the definition of the source category in the applicable
subparts.

The proposed amendment is necessary because suppliers are currently
defined as suppliers of fossil fuels and industrial GHGs.  However,
during 2010, EPA changed the definition of fossil fuels in a rulemaking
(75 FR 79092) that could be wrongly interpreted to exclude some
suppliers that are clearly subject to the rule.  In the 2009 final rule,
fossil fuel was defined in 40 CFR 98.6 as meaning natural gas,
petroleum, coal, or any form of solid, liquid, or gaseous fuel derived
from such material, including for example, consumer products that are
derived from such materials and are combusted.  Using this definition,
suppliers of fossil fuel-based products were covered by subparts MM and
NN regardless of the product end-use.  This interpretation is clear from
the preamble to the 2009 final rule (74 FR 56260).  However, in the
subsequent rulemaking (75 FR 79092) EPA modified the definition of
fossil fuel to read natural gas, petroleum, coal, or any form of solid,
liquid, or gaseous fuel derived from such material, for purpose of
creating useful heat.  We were clear in the preamble to that final rule
that the change was not intended to have any impact on coverage of GHGs
under the GHGRP (see 75 FR 79104).  Nevertheless, referring to only
suppliers of fossil fuels could now wrongly be interpreted so as to
exclude some coverage under subparts MM and NN.  

In addition, we added a new source category to the rule called Importers
and Exporters of Fluorinated GHGs Contained in Pre–charged Equipment
or Closed–cell Foams (subpart QQ, 75 FR 74774).  Although one could
interpret the existing definition to include suppliers of fluorinated
GHGs in bulk and in products, the proposed amendment further clarifies
that suppliers include all the relevant source categories included in
Table A-5.

We are also proposing a harmonizing change in 40 CFR 98.1(a)(1) to
remove the terms “fossil fuel” and “industrial greenhouse gas”
before the term “supplier.” 

Submission of reports and other information to EPA.  There were some
questions raised in the 2009 final rule about where certain
communications should be directed, whether electronically through the
electronic greenhouse gas reporting tool (40 CFR 98.5) or through the
mail with an attention to the Director of the Climate Change Division
(40 CFR 98.9).  40 CFR 98.5 reads that each GHG report and certificate
of representation for a facility or supplier must be submitted
electronically in a format specified by the Administrator.  40 CFR 98.9
was intended to provide a mailing address for all other communications
under the program, however, the regulatory language indicated that the
mailing address was for all requests, notifications, and communications
to the Administrator other than submittal of the annual GHG report. 
This raised a question as to whether the certificate of representation
could be submitted through the mail.

To address this potential source of confusion, we are clarifying that
the annual GHG report, the certificate of representation, and all other
requests, notifications, or communications that can be submitted through
e-GGRT, must be submitted through e-GGRT.  All other requests,
notifications, or communications to the Administrator pursuant to this
part shall be submitted through the mail to the Director of the Climate
Change Division.

Other Technical Corrections.  We are proposing to amend 40 CFR 98.2(d)
and (e) to remove references to paragraphs 40 CFR 98.2(a)(4)(i) and
(a)(4)(ii), respectively, which were removed when we finalized
amendments during 2010 to consolidate the lists of source categories
covered into tables.  The correct references for both paragraphs should
have been to 40 CFR 98.2(a)(4).  In those same paragraphs we are
clarifying that the applicability determination for importers should be
assessed separately from the applicability determination for exporters. 
In other words, the emissions from the quantity of GHGs imported should
be calculated for comparison to the 25,000 metric tons CO2e threshold
and separately the quantity of GHGs exported should be calculated for
comparison to the 25,000 metric tons CO2e.  Based on questions received
from reporters during the 2010 reporting year, it was unclear if the
quantity of imports and exports should be assessed separately, added
together, or the net imports minus exports calculated for comparison to
the threshold.  Finally, we are clarifying in Table A-5 that coverage
and the applicability determination for importers and exporters under
subpart MM includes suppliers of natural gas liquids in addition to
suppliers of petroleum products.  The inclusion of natural gas liquids
suppliers was clear in 40 CFR 98.2(a)(4) and subpart MM (40 CFR 98.390),
however, it was inadvertently omitted from Table A-5.

We are proposing to amend 40 CFR 98.2(i)(3) to add a date by which
owners and operators must notify EPA that they no longer need to submit
an annual GHG report because their operations have changed such that all
applicable GHG-emitting processes and operations cease to operate.  40
CFR 98.2(i) provides three instances where facilities or suppliers no
longer need to report to EPA.  In instances where facilities or
suppliers report less than 25,000 metric tons carbon dioxide equivalent
(mtCO2e) per year for 5 years, or less than 15,000 mtCO2e for 3 years,
they are required to notify EPA by March 31 of the following year that
they are no longer to report for the year after the year in which these
conditions have been met.  Similarly, the owner or operator is exempt
from reporting in the years following the year in which cessation of
such operations occurs, provided that the owner or operator submits a
notification to the Administrator.  However, the rule does not provide a
date by which such notification be made.  EPA is proposing that, similar
to the requirements in 40 CFR 98.2(i)(1) and (i)(2), owners or operators
notify EPA by March 31 of the year following the reporting year in which
such conditions have been met.

In 40 CFR 98.3(c)(10) and in the definition of United State parent
company(s) in 40 CFR 98.6, we are proposing to replace the term
“reporting entity” with the term “facility or supplier.” 
Reporting entity has not typically been used in the GHGRP and for
consistency across the individual subparts of the rule, we are proposing
to use the term “facility or supplier” which in turn clarifies that
the obligation is on the owner or operator of any such facility or
supplier.  This is consistent with the preamble to the rule that amended
40 CFR part 98 with 40 CFR 98.3(c)(10), in which it is clear that
“reporting entity” means “facility or supplier” (see, for
example, 75 FR 57676).

To address several requests for clarification received on the
recordkeeping requirements, we are proposing to clarify that the 3-year
requirement for retention of records starts from the date of submission
of the annual GHG report for the reporting year in which the record was
generated.  This is as opposed to having the 3-year clock start on the
day that the record was generated.  The proposal, which is consistent
with the Acid Rain Program, is in recognition of the fact that common
practice is to retain all of the records for a single reporting year in
a readily retrievable format, regardless if the record was generated on
January 1st or December 31st of that reporting year.  We are therefore
proposing that the records be retained for 3 years from the data of
submission of the applicable annual GHG report.

In 40 CFR 98.3(c)(5)(ii) we are proposing to replace the use of the term
“emissions” with “quantities” when referring to the information
reported under industrial GHG suppliers.  This is consistent with
efforts throughout the GHG Reporting Program to clarify that information
reported for supplier categories do not necessarily reflect emissions to
the atmosphere, but rather “quantities” that may be released if all
of the supply were combusted or released.

We are also proposing to correct an incorrect cross reference in 40 CFR
98.4(m)(4) from (m)(2)(iv)(A) to (m)(2)(v)(A). 

B.  Subpart W – Petroleum and Natural Gas Systems 

EPA is proposing several technical clarifications and amendments to
subpart W to address issues raised during the first year of promulgation
of the rule, as well as clarifications to specified provisions in the
rule to ensure consistency across all subparts.  In addition, several
technical corrections are proposed to clarify provisions that were
either erroneous or unclear to reporters.

Definitions.  EPA is proposing to amend the definition for gas well in
40 CFR 98.238.  The definition of gas well that was finalized in the
rule, posed the question of whether or not gas wells that included any
hydrocarbon condensate were also considered gas wells.  The amendment
clarifies the definition for gas well by stating that it includes gas
wells that also produce natural gas including condensate.

Threshold Clarifications.  EPA is broadly including clarification to
several throughput thresholds in subpart W in response to clarifications
sought by reporters subject to the rule.  We are proposing to amend the
threshold in the definition of the source category for the onshore
natural gas processing industry segment in 40 CFR 98.230(a)(2).  This
definition includes a threshold provision, which states that all
processing facilities that do not fractionate with a throughput per day
of 25 million standard cubic feet (MMscf) or greater are covered under
the rule.  Without a clarification on how the 25 MMscf per day is to be
determined, this provision resulted in confusion for reporters.  Thus,
we propose to amend the definition to state that the 25 MMscf per day
throughput threshold is based on an annual average throughput that the
reporter would use to determine if they are covered under this
definition.

Similarly, we are proposing to clarify that the throughput threshold for
glycol dehydrators (40 CFR 98.233(e)(1) and (e)(2)) and onshore
production storage tanks (40 CFR 98.233(j)(1),(j)(2),(j)(3) and (j)(4))
are also based on annual average throughput.  These proposed amendments
are described further in the Calculating Greenhouse Gas Emissions
section below.

Greenhouse Gases to Report.  We are proposing to clarify in 40 CFR
98.232(d) that the greenhouse gases to be reported under the natural gas
processing industry segment include nitrous oxide (N2O) emissions and
not just CO2 and CH4 emissions.  This proposed amendment will make 40
CFR 98.232(d) consistent with other provisions in the rule related to
calculating GHG emissions from flare stacks.  The rule in 40 CFR
98.232(j) clearly states that you are required to report CO2, CH4 and
N2O emissions for all flare stacks in all applicable industry segments
and flare stacks are included to be reported in natural gas processing
facilities (98.232(d)(6)).  Finally, the calculation methodology for
flare stack emissions includes the method for quantifying N2O emissions
from these stacks (See section 98.233(n)(8)).  This proposed
clarification avoids confusion as to whether N2O emissions, which
typically result from flaring activities, would need to be reported
under this industry segment. 

In addition, we are proposing to clarify in 40 CFR 98.232(i) that CO2
and CH4 emissions are to be reported from the natural gas distribution
industry segment.  This clarification was necessary to ensure that the
affected reporters are aware that these GHG’s are to be reported from
this industry segment.

Calculating Greenhouse Gas Emissions.  We are proposing several
clarifications, corrections, and amendments throughout 40 CFR 98.233.

First, we are proposing to amend the definition for GHGi of Equation W-1
in 40 CFR 98.233(a) which is used for calculating GHG emissions from
natural gas pneumatic device venting.  In specific, the definition for
the parameter GHGi in Equation W-1 was incorrect in that it inferred
that it applied to facilities listed in 40 CFR 98.230(a)(3) through
(a)(8) when it actually only applies to the onshore production, natural
gas transmission, and underground natural gas storage industry segments
of subpart W.  In addition, we are proposing to further amend the
definition for parameter GHGi in Equation W-1 to clarify that GHGi
should equal 0.952 for CH4 and 1 X 10-3 for CO2 for facilities in 40 CFR
98.230(a)(4) and (a)(5).  Previously, this equation did not include any
clarification of what the parameter GHGi would be for methane and carbon
dioxide and as a result confusion arose as to what values should be used
for the natural gas transmission and underground natural gas storage
industry segments.  Further, for both Equation W-1, and W-2, of 40 CFR
98.233, we are proposing to amend the definition for the parameter GHGi
to include a reference to 40 CFR 98.233(u)(2)(i) to clarify how and at
what frequency GHGi is to be determined for produced natural gas from
the onshore production industry segment.  We are proposing these
amendments to Equations W-1 and W-2, to clarify specific aspects of the
parameter GHGi and how it applies to applicable industry segments and
how it is to be determined to address lack of clarity on these aspects
of the equation.

Next, we are proposing amendments to 40 CFR 98.233(d) to clarify how the
four different methods are to be used for determining GHG emissions from
acid gas removal (AGR) vents.  In many cases a reporter may have both a
continuous emissions monitoring system (CEMS) or a vent meter available
at their facility, and when reviewing the methods in 40 CFR 98.233(d) in
the final rule, the reporter would not be able to easily determine which
method would apply when certain technologies are available.  Thus, we
are proposing to amend 40 CFR 98.233(d)(2), (3) and (4) to clarify that
if a facility has a vent meter but no CEMs available for determining the
CO2 emissions from AGR units then they would use Calculation Methodology
2 and if a facility has neither a CEMs in place or a vent meter in
place, they have the option of using either Calculation Methodology 3 or
4 of 40 CFR 98.233(d). 

Next, we are proposing several amendments to 40 CFR 98.233(e) for
calculating emissions from dehydrator vents.  First, we are proposing to
include minor non-substantive revisions to the citations in 40 CFR
98.233(e) and (e)(1)(xi)(C).  Next we are proposing to fix an erroneous
citation in 40 CFR 98.233(e)(1)(xi) to correctly reference 40 CFR
98.233(e)(1)(xi) instead of 40 CFR 98.233(e)(2)(xi).  Finally, we are
proposing to amend 40 CFR 98.233(e)(1) and (e)(2) to clarify that the
throughput threshold of 0.4 million standard cubic feet per day is to be
determined using an annual average daily throughput.  We are proposing
to include this particular amendment to clarify to reporters how this
throughput threshold is to be determined.

We are proposing to amend engineering Equation W-8, which is used to
calculate emissions from well venting for liquids unloading.  First, we
are proposing to amend the first sentence in 40 CFR 98.233(f)(2) to
state that Calculation Methodology 2 is to be used to calculate the
total emissions for well venting for liquids unloading whereas the rule
previously stated that Calculation Methodology 2 was to be used to
calculate emissions from each well venting for liquids unloading event. 
This clarification is in line with the equation in that the emissions
from well venting for liquids unloading that have occurred in the year
of data collection are to be summed and an annual value would result for
all wells, as opposed to each well separately.

We are proposing to amend Equation W-13 to include corrections and
clarifications to the parameter definitions.  First we are proposing to
correct parameter Ea,n, EFwo, and Vf to state that they represent
standard conditions and not actual conditions.  Secondly, we are
proposing a correction to the emission factor (EF) value in EFwo that
was based on actual conditions and should have been in standard
conditions.  This proposed change would result in the emissions factor
value adjustment EFwo = 2,454 to 3,114 standard cubic feet per workover.
 Next, we are proposing to revise the definition of Ea,n to Es,n to
clarify that the annual natural gas emissions calculated are from a
single gas well venting event and at standard conditions.  Previously
the rule stated that the Ea,n (now referred to as the Esn), represents
emissions from gas well venting, which resulted in confusion as to
whether this equation was to apply for gas well venting in previous
years or to more than one gas well venting during the year of data
collection.  Finally, we are proposing to revise 40 CFR 98.233(h)(1). 
The rule states that the resulting emissions from Equation W-13 are to
be converted into standard conditions.  However, this should not be the
case because Equation W-13 would already result in emissions in standard
condition.  As a result, we are proposing to include language in 40 CFR
98.233(h)(1) that would reference paragraphs in subpart W that will
convert the emissions from Equation W-13 into GHG volumetric and mass
emissions.

In Equation W-14 used for determining blowdown vent stacks emissions, we
are proposing to clarify that the parameter Vv is the actual physical
volume of the blowdown equipment and not the gas volume.  It was always
EPA’s intent that the physical volume between isolation valves be
considered against the 50 standard cubic feet threshold for blowdown
vent stacks.  EPA is also proposing to clarify the reporting
requirements for blowdown vent stacks by stating that emissions are
calculated per unique volume type and not equipment type.  Equation W-14
in 40 CFR 98.233(i) determines emissions on a unique volume basis;
therefore, emissions should be reported as such. 

In addition, we are proposing to make amendments to equations and
parameters dependant on CH4 and CO2 composition by making clarifications
to the parameter, GHGs used to convert whole gas, total hydrocarbon, or
methane emissions into volumetric or mass CO2, and CH4 emissions in
Equations W-1, W-2, W-30, and W-31.

In 40 CFR 98.233(j) we are proposing to clarify that the throughput
threshold referenced in Calculation Methodologies 1-4 is based on an
annual average daily throughput of oil, whereas the rule gave no
clarification as to what basis the oil throughput was based on,
resulting in many questions from affected owners and operators on how
this throughput threshold was to be determined.  We are also proposing
to correct an erroneous citation in 40 CFR 98.234(j)(1)(vii) and 40 CFR
98.233(j)(2), which referenced citations that do not exist.  In Equation
W-15, where volumetric GHG emissions are determined from onshore
production storage tanks, we are proposing to revise the equation by
including a multiplier so the resulting emissions would be in the
correct units.  In addition, we are proposing to amend the definition
for the EFi and count parameters to clarify that these parameters must
be used for both gas-liquid separators with throughput less than 10
barrels per day and wells with throughput less than 10 barrels per day
sending liquids straight to a tank without going through any separator. 
The definition to equation W-15 in the 2010 final rule could have been
misinterpreted to apply only to instances where there was a separator at
the well.   The proposed clarification makes the definitions to Equation
W-15 consistent with the introduction to 40 CFR 98.233(j)(5).  

In Equation W-16, we are proposing to amend the definition for the
parameter En by first correcting the citation that erroneously included
40 CFR 98.233(j)(3), which should not have been included because it
references a methodology that is specific for wells that flow directly
to storage tanks bypassing a wellhead separator.  In addition, we are
proposing to amend the definition for En by including a conversion
factor that would result in the emissions being determined on a yearly
basis as opposed to an hourly basis.  In addition, we are proposing to
delete the parameter Et in the equation as it is being accounted for in
the revised equation and is no longer necessary.

In 40 CFR 98.233(k) we are proposing the inclusion of minor revisions to
40 CFR 98.233(k)(2) and (k)(4) to clarify that emissions to be
calculated are annual emissions.  In addition, we are proposing to
revise 40 CFR 98.233(k)(4)(i) by removing the reference to 40 CFR
98.233(j)(1) as this reference was incorrectly directed to the onshore
production storage tank calculations where owners and operators could
use a software program to determine flashing emissions which are not
covered under the transmission storage tanks calculations.  Finally, we
are also proposing to revise 40 CFR 98.233(k)(4)(ii) by clarifying that
the flare stack calculations are to be used for emissions that are sent
to a flare and not from a flare.  The latter resulted in confusion from
reporters as to what emissions they would be capturing by using the
flare calculation methodologies.

We are proposing to amend the provisions in 40 CFR 98.233(z) for
determining combustion emissions from both the onshore petroleum and
natural gas production and natural gas distribution industry segments. 
First, we are proposing to include an engineering equation to be used
for determining CH4 emissions resulting from combustion of a fuel.  The
rule did not include a specific equation or methodology for determining
the methane emissions from combustion of fuel, however, the provisions
stated that both CH4 and CO2 emissions were to be calculated from the
combustion of fuel.  In addition, we are proposing to amend the equation
used to calculate CO2 emissions by including a combustion efficiency
parameter.

We are proposing to clarify that 40 CFR 98.233(z)(6), calculation of N2O
emissions from stationary combustion, applies only to units combusting
field gas or process vent gas.  Units combusting other fuels listed in
Table C-1 would estimate N2O (and CH4) emissions using the appropriate
Tier 1 equations in subpart C.  We have reorganized section 98.233(z)(6)
to incorporate this proposed amendment.  We are proposing to amend
Equation W-40 to account for an incorrect exponent on the conversion
factor from kilograms to metric tons.  Without making this change to the
rule, the emissions would have resulted in an incorrect calculation of
emissions.

We are also proposing to revise equation W-41 to insert missing
variables a and b from the equation.  Without including the missing
variables, equation 41 would lack clarity and be unusable.

Emission Factor Tables.  We are proposing to revise the emission factors
for high bleed, low bleed, and intermittent bleed pneumatic devices to
correct for an error where the original emission factors were on a CH4
basis and should have been adjusted to account for the total hydrocarbon
basis as noted in equation.  These proposed revisions would apply to
Table W-3 and Table W-4.

Other Technical Corrections.  EPA is proposing to clarify in 40 CFR
98.236(c)(6)(ii)(B) that only the number of workovers with hydraulic
fracturing that vent gas to the atmosphere or flare gas needs to be
reported.  The current rule language could suggest you must report on
the total number of workovers per year, including those that don’t
involve hydraulic fracture and those that do not vent gas to the
atmosphere.

It came to EPA’s attention that the density parameter in Equation W-36
was calculated incorrectly.  EPA proposes correcting these parameters to
0.0520 kg/ft3 for CO2 and N2O, and 0.0190 kilograms per square foot
(kg/ft3) for CH4 at 68°F and 14.7 pounds per square inch absolute
(psia). 

C.  Subpart FF — Underground Coal Mines

Proposed changes to Subpart A.  We are proposing to amend Table A-3 to
subpart A of part 98.  According to Table A-3 to subpart A of part 98,
all underground coal mines that are subject to quarterly or more
frequent sampling by MSHA of ventilation systems (subpart FF) must
report, regardless of size.

This threshold was based on EPA’s understanding that quarterly
sampling by MSHA was only done at the largest, gassiest mines, defined
as those emitting more than 100,000 actual cubic feet (acf) CH4 per day.
 For example, the proposal preamble states, 

“We propose that all active underground coal mines for which CH4 from
the ventilation system is sampled quarterly by MSHA (or on a more
frequent basis), are required to report under this rule.  MSHA conducts
quarterly testing of CH4 concentration and flow at mines emitting more
than 100,000 cf CH4 per day.  We selected this threshold because
subjecting underground mine operators to a new emissions-based threshold
is unnecessarily burdensome, as many of these mines are already subject
to MSHA regulations.  The MSHA threshold for reporting of 100,000 cf CH4
per day covers approximately 94 percent of the CH4 emitted from
underground coal mine ventilation systems and about 86 percent of total
emissions from underground mining (including stationary fuel combustion
emissions at mine sites, as shown in Table FF–1 of this preamble).” 


In the proposal preamble, we estimated that this threshold covers only
about 128 of the estimated 612 active underground mines in the United
States (74 FR 16553).  Although it was not evident in reviewing the
public comments received on the proposed subpart FF, since finalization
we have learned that the threshold was based on an incorrect
understanding that MSHA only samples quarterly at mines liberating
100,000 acf of CH4 or more day.

If the current regulatory threshold is retained, all mines would be
required to report.  This would add nearly 500 mines to the number
previously expected to report, but these 500 mines would represent only
another 14 percent of the total GHG emissions from underground coal
mines.  EPA is reviewing ways to address this and ensure that the
threshold in the rule reflects EPA’s longstanding intent to capture
the gassiest mines that are responsible for the majority of emissions
from underground coal mines in the United States.

We are proposing to amend the language so that mines liberating
36,500,000 acf of CH4 or more per year from their ventilation systems
are subject to the rule.  This capacity threshold (equivalent to an
average of 100,000 acf of CH4 or more per day) may be more easily
identifiable for the coal industry, is consistent with our original
intent in terms of coverage, and removes reporting requirement for the
approximately 500 mines.

We considered but are not proposing, a threshold of 15,000 metric tons
CO2e per year.  This threshold would also be consistent with our
original intent in terms of coverage and it would remove the reporting
requirement for the approximately 500 mines.  However, it would be less
familiar to industry than the roughly equivalent threshold of 36,500,000
acf of CH4 or more per year.

Equations FF-1 and FF-3.  We are proposing the following technical
amendments to Equations FF-1 and FF-3 in 40 CFR 98.323.

We propose to amend 40 CFR 98.324(a) and 98.324(b) to specify that
variables “V,” “MCF,” “C,” “T,” and “P” are not
“daily” rates.  We are also proposing to edit the units of “V”
to cfm from scfm and to revise the units for “C” to read “%” to
allow for the use of “C” on a dry basis.  

Sampling for pressure.  We propose to amend FF-1 to allow facilities to
use the annual average barometric pressure from the nearest NOAA weather
service station as a default to measuring ventilation system pressure. 
According to MSHA, approved equipment to conduct pressure measurements
is not readily available in the United States.

Sampling for moisture content.  We received numerous questions regarding
the placement of timing of sampling for moisture content.  We are
proposing to add a paragraph (d) to 40 CFR 98.324 to specify that when
flow and concentration are measured on different bases, moisture content
is measured at the location of the flow meter at least weekly if using
CEMS, and at the location and time of the grab sample, if using grab
samples.

Additionally, we received numerous inquiries about how reporters are to
measure for moisture content, and asking whether measurements were
really necessary because no moisture content measurement requirements
are in 40 CFR 98.324.  To clarify how and when reporters are to measure
for moisture content, we are proposing to amend 40 CFR 98.323 and 98.324
to include reference to calibration and documentation of procedures for
moisture content monitors.  These proposed amendments clarify that the
moisture content is to be based on measurement values and not assumed
moisture content values.  In related amendments, we are proposing to
amend 40 CFR 98.326(o) to clarify the reporting requirements for
temperature, pressure, and moisture content measurements.  Together, the
proposed amendments to Equations FF–1 and FF-3 and 40 CFR 98.324 would
clarify that moisture content need only be determined when the
concentration and flow measurements are made on different basis (one wet
and one dry) and that, if needed, the moisture content must be measured.

MSHA data.  We received numerous comments on the use of MSHA data to
calculate emissions.  MSHA samples volume and concentration of methane,
but does not collect data on temperature, pressure, and moisture
content, which are required inputs for the equations in this subpart. 
To allow facilities to use MSHA data, we propose to amend 40 CFR
98.324(b)(2) to clarify that temperature and moisture content must be
sampled at the same time and location as the MSHA samples, and that for
pressure, facilities must use either a measured value or the average
annual barometric pressure from the nearest NOAA weather service
station.

Monitoring equipment.  We propose to amend 40 CFR 98.324(g) to include
the use of infrared and flame ionization analyzers with the provision
that they are calibrated annually using measurements made by gas
chromatography methods.  The infrared and flame ionization analyzers are
frequently used by the coal mining industry and they are often more
familiar with their calibration and operation.

We propose to amend 40 CFR 98.324(f) for consistency with the types of
monitoring equipment required.  We propose to replace references to
“fuel flow meters” with “flow meters,” because the gas that is
measured may or may not be used as a fuel.  We also propose to delete
references to “heating value monitors,” and “sour gas flow
meters” because these monitors and meters are not required.  

D.  Subpart II – Industrial Wastewater Treatment

We are proposing clarifying amendments and technical corrections to
subpart II to address questions EPA has received about the rule’s
requirements, as well as to clarify terminology.

We are proposing to amend 40 CFR 98.352(d) to replace the term
“landfill gas” with “biogas” to correct a typographical error. 

We are proposing to amend the definitions of the terms for “Tm” and
“Pm” in Equation II-4 to refer to “average temperature” and
“average pressure” to clarify how reporters should use the multiple
temperature and pressure measurements that they may make during a
measurement period.  We are also proposing to amend these definitions to
clarify how the calculation should be adjusted if the flow rate meter
automatically corrects for temperature and pressure.

We are proposing to amend 40 CFR 98.353(c)(2)(ii), 40 CFR
98.353(c)(2)(iii)(A) and (B), and 40 CFR 98.354(c) and (d) to replace
“once each calendar week, with at least three days between
measurements” with “at least once each calendar week; if only one
measurement is made each calendar week, there must be at least three
days between measurements,” to clarify what is meant by weekly
sampling.

We are proposing to amend Equation II-6 of 40 CFR 98.353 to correct an
error in the placement of brackets and parentheses.  This amendment will
eliminate the possibility that the equation will return incorrect
quantities of methane emissions.  We are also proposing to amend the
units in the definition of CH4En under Equation II-6 to clarify that the
annual quantity should be reported in “metric tons” not “metric
tons/yr.”

We are proposing to amend 40 CFR 98.353(c) to reorder the text to
clarify that continuous gas flow monitoring is required for each
anaerobic sludge digester, anaerobic reactor, or anaerobic lagoon from
which some biogas is recovered; and to clarify that the continuous gas
flow measurements must be used to determine cumulative gas production
each week.  We are also proposing to amend 40 CFR 98.353(c)(1) to
replace the term “content” with the term “quantity” to clarify
that fully integrated systems report CH4 quantity which accounts for
both CH4 concentration and biogas flow.

We are proposing to amend 40 CFR 98.354(f) by dividing it into
subparagraphs and by deleting an incorrect cross reference, to clarify
the monitoring requirements for anaerobic sludge digester, anaerobic
reactor, or anaerobic lagoon from which some biogas is recovered. 

We are proposing to amend 40 CFR 98.356(a) by replacing the term
”explain” with “indicate” to provide guidance to reporters about
the information they should include in the description or diagram of
their wastewater treatment system.  We are also proposing to replace the
term “all anaerobic lagoons” with “each anaerobic lagoon” to
clarify that reporters should provide the average depth of each lagoon,
not the average of all lagoons.

We are proposing to amend 40 CFR 98.356(b)(3) and (4) to clarify that
the values for “Bo” and “MCF,” that are used as inputs to
Equation II-1 or II-2, are to be taken from Table II-1.  We are also
proposing to amend 40 CFR 98.356(d)(2) by replacing the text
“Cumulative volumetric biogas flow for each week” with “Total
weekly volumetric biogas flow for each week (up to 52 weeks/year)” to
clarify that reporters should provide the total gas recovered for the
week, for up to 52 weeks per year.

We are proposing to amend subpart II (Industrial Wastewater Treatment)
(40 CFR 98.350 to 40 CFR 98.358) in multiple places, replacing the term
“anaerobic digester” with “anaerobic sludge digester” to clarify
the test refers to the anaerobic process defined in 40 CFR 98.350(b)(2);
and to replace the term “gas” with “biogas” to clarify the gas
referred to is the biogas defined in 40 CFR 98.358.

E.  Subpart OO — Suppliers of Industrial Greenhouse Gases

We are proposing to amend subpart OO to require that the data currently
reported under 40 CFR 98.416(a)(8) and (9) be kept as a record rather
than reported.  We are also proposing to make a corresponding revision
to 40 CFR 98.416(a)(10). 

Section 98.416(a)(8) requires that fluorinated GHG and nitrous oxide
production facilities report the total mass in metric tons of each
reactant fed into the F-GHG or nitrous oxide production process, by
process; and section 98.416(a)(9) requires that fluorinated GHG and
nitrous oxide production facilities report the total mass in metric tons
of the reactants, by-products, and other wastes permanently removed from
the F-GHG or nitrous oxide production process, by process.  Although
these data elements do not, in themselves, represent additions to or
subtractions from the U.S. supply of industrial GHGs, we required
reporting of these data elements in the October 30, 2009, Mandatory GHG
Reporting Rule to facilitate verification of production levels through a
material balance.  (For more discussion of that decision, see page 26
of the Mandatory Greenhouse Gas Reporting Rule: EPA's Response to Public
Comments, Volume No. 40, Subpart OO—Suppliers of Industrial Greenhouse
Gases.)  

We are now proposing to require recordkeeping, rather than reporting, of
these data elements.  After additional consideration, we have concluded
that these data elements, by themselves, have somewhat limited
usefulness for verifying production levels because the relationship
between the masses of the reactants fed into the process, the mass of
the nitrous oxide or fluorinated GHG product, and the mass of the
reactants, by-products, and other wastes permanently removed from the
process can vary.  For example, if catalysts are added to the process
and subsequently removed from it, the sum of the masses of the product
and the materials removed from the process may exceed the sum of the
masses of the reactants fed into the process.  On the other hand, if
by-products or other materials are emitted from the process, e.g.,
through fugitive emissions, the sum of the masses of the reactants may
exceed the sum of the masses of the product and the materials removed
from the process. Finally, the accuracies and precisions of the various
instruments used to measure the masses of the reactants fed into the
process, the mass of the nitrous oxide or fluorinated GHG produced, and
the masses of the materials permanently removed from the process may all
vary, further complicating comparisons among these quantities. Retention
of these data as records would permit on-site verification of production
as part of the audit process, which would have the benefit of permitting
consideration of other production process information (e.g., the use of
catalysts) in making comparisons among the inputs and outputs of the
production process.  We estimate that approximately 20 facilities
produce fluorinated GHGs or nitrous oxide in the U.S., making on-site
verification a practicable option for subpart OO.  

We are also proposing to revise §98.416(a)(10) by removing the
introductory qualifier.  In its entirety, the provision currently
reads, “For transformation processes that do not produce an F-GHG or
nitrous oxide, mass in metric tons of any fluorinated GHG or nitrous
oxide fed into the transformation process, by process.”  The phrase
“for transformation processes that do not produce an F-GHG or nitrous
oxide” was intended to prevent double-reporting between this provision
and §98.416(a)(8), which requires reporting of the mass of each
reactant fed into the fluorinated GHG or nitrous oxide production
process.  (In the case where one fluorinated GHG was transformed into
another, the first fluorinated GHG would be one of the reactants fed
into the process and would therefore be reported under (a)(8).)  With
the proposed removal of §98.416 (a)(8), the introductory qualifier in
§98.416(a)(10) must be removed to ensure that the quantities of
fluorinated GHGs fed into all transformation processes, including
transformation processes that produce other fluorinated GHGs, will be
reported under subpart OO. 

F.  Subpart RR – Geologic Sequestration of Carbon Dioxide.  We are
proposing clarifying amendments and technical corrections to subpart RR
to correct known errors.  

Accounting for CO2 Entrained in Produced Water.  We are proposing to
clarify 40 CFR 98.443(d) to ensure that CO2 entrained in produced water
that is not processed through a gas-liquid separator is accounted for in
the mass balance equation.  We intended that CO2 content in all produced
liquids would be determined, and assumed that all produced liquids would
be processed through a gas-liquid separator.  The text in 40 CFR
98.443(d), and the associated equations (Equations RR-7, RR-8, and RR-9)
are based on measurements made at a separator to calculate the amount of
CO2 in produced fluids.  However, EPA has recognized that in some
situations, including water removed for pressure relief or reservoir
maintenance, fluids may be removed from the subsurface without being
processed through a separator.  The current text and equations would not
account for CO2 in water that is withdrawn from the subsurface and
reinjected or disposed without going through a separator.

To address this issue, we propose adding a new sentence to 40 CFR
98.443(d) to specifically account for any CO2 in fluids that are
produced and not processed through a separator.  We also propose adding
a new sentence to 40 CFR 98.443(d)(3) to clarify that the reporter must
include additional information regarding the measurement methods used to
determine the concentration of CO2 in fluids, and a discussion of how
the amount of produced CO2 would be determined, in the monitoring,
reporting and verification (MRV) plan.  In the MRV plan, the reporter
would describe the disposition of the produced water (reinjected into
another zone, reused, or otherwise disposed) and provide justification
for determining whether the CO2 entrained in the water is sequestered. 
The MRV plan would also describe considerations the reporter intends to
use to calculate CO2 from produced water for the mass balance equation.

CO2 Emissions from Equipment Leaks and Vented Emissions of CO2.  We are
proposing to revise the term “CO2 equipment leakage and vented CO2
emissions” throughout subpart RR with the term “CO2 emissions from
equipment leaks and vented emissions of CO2.”  This change is proposed
to ensure consistency with the terminology that is used in 40 CFR part
98 subpart W and to more accurately describe the equipment between flow
meters and wellheads for which monitoring requirements are specified in
subpart RR.  Specifically, we are proposing the following changes:

At 40 CFR 98.442(e) and 98.442(f), revise the term “Mass of CO2
equipment leakage and vented CO2 emissions” to read “Mass of CO2
emissions from equipment leaks and vented emissions of CO2.”

In Equations RR-11 and RR-12 at 40 CFR 98.443, revise the term “Total
annual CO2 mass emitted (metric tons) as equipment leakage or vented
emissions” to read “Total annual CO2 mass emitted (metric tons) from
equipment leaks and vented emissions of CO2.”

At 40 CFR 98.444(d), revise the heading “CO2 equipment leakage and
vented CO2 emissions” to read “CO2 emissions from equipment leaks
and vented emissions of CO2.”

At 40 CFR 98.445(e), revise the term “CO2 equipment leakage or vented
CO2 emissions to read “CO2 emissions from equipment leaks and vented
emissions of CO2.”

At the introductory text of 40 CFR 98.446(f)(3), revise the term “CO2
equipment leakage and vented CO2 emissions” to read “CO2 emissions
from equipment leaks and vented emissions of CO2.”

At 40 CFR 98.446(f)(3)(i) and 98.446(f)(3)(ii), revise the term “mass
of CO2 emitted (in metric tons) annually as equipment leakage or vented
emissions” to read “mass of CO2 emitted (in metric tons) annually
from equipment leaks and vented emissions of CO2.”

At 40 CFR 98.447(a)(5) and 98.447(a)(6), revise the term “CO2 emitted
as equipment leakage or vented emissions” to read “CO2 emitted from
equipment leaks and vented emissions of CO2.”

At 40 CFR 98.448(a)(5), revise the term “considerations for
calculating equipment leakage and vented emissions” to read
“considerations for calculating CO2 emissions from equipment leaks and
vented emissions of CO2.”

Other Technical Corrections.  We are proposing to amend a cross
reference in the introductory language of 40 CFR 98.446(a)(2) and 40 CFR
98.446(a)(3).  The incorrect references refer the reader to 40 CFR
98.446(a)(5), but should refer the reader 40 CFR 98.446(a)(4).  We are
also proposing to amend a cross reference at 40 CFR 98.446(f)(1)(vii). 
The incorrect reference refers the reader to 40 CFR 98.446(f)(1)(i), but
should refer the reader to 40 CFR 98.446(f)(1)(ii).

We are proposing to revise the data reporting element at 40 CFR
98.446(e) and the introductory text at 40 CFR 98.446(f).  As currently
written, it is ambiguous when reporters would report total amount
sequestered.  We are proposing that the revised data reporting element
at 40 98.446(e) read as follows: “Report the date that you began
collecting data for calculating total amount sequestered according to
§98.448(a)(7) of this subpart”.  We are proposing that the revised
introductory text at 40 CFR 98.446(f) read as follows: “Report the
following.  If the date specified in paragraph (e) of this section is
during the reporting year for this annual report, report the following
starting on the date specified in paragraph (e) of this section.”

We are proposing to revise the heading of 40 CFR 98.448(e) to correct a
typographical error.  The text of 40 CFR 98.448(e) refers to
requirements for revised MRV plans, but the heading is incorrectly
labeled as “Final MRV plan.”  We propose to revise the heading to
read “Revised MRV plan.”  

We are proposing to revise the definition of “CO2 received” at 40
CFR 98.449 to correct a typographical error by adding the word
“means” after the CO2 received defined term.  The definition would
read “CO2 received means the CO2 stream that you receive to be
injected for the first time into a well on your facility that is covered
by this subpart.  CO2 received includes, but is not limited to, a CO2
stream from a production process unit inside your facility and a CO2
stream that was injected into a well on another facility, removed from a
discontinued enhanced oil or natural gas or other production well, and
transferred to your facility.”

G.  Subpart TT — Industrial Waste Landfills

Numerous clarifying amendments and technical corrections are proposed to
subpart TT to address questions EPA has received about the rule’s
requirements and to correct known errors.  Technical amendments to the
rule are also proposed to address some additional questions.  These more
substantive technical amendments are discussed first, and then the
clarifying amendments are presented.

Determining Waste-specific DOC values for Closed Landfills.  We are
proposing to amend 40 CFR 98.464 by adding a new paragraph (c) to
provide methodologies for closed landfills or active landfills that have
stopped accepting certain types of wastes to determine the volatile
solids concentration (for exemption purposes under 40 CFR
98.460(c)(2)(xii)) or to determine the waste-specific DOC values for
historically disposed waste streams.  The proposed provisions would
allow landfills to identify waste streams similar to those that had been
historically placed in the landfill, measure the volatile solids
concentration of these “similar” waste streams, and use those
measured values to assess the applicability of the exemption under 40
CFR 98.460(c)(2)(xii) or to determine the average DOC value for the
historical waste streams.  The proposed provisions also allow use of
process knowledge to determine the volatile solids concentration and, if
needed, to calculate the corresponding DOC value if a similar waste
stream cannot be identified.

This provision is being proposed to allow industrial waste landfill
owners and operators a means by which to develop volatile solids
concentration and site-specific DOC values for historically disposed
waste streams.  The site-specific DOC values will in turn improve the
accuracy of the modeled methane generation.  The July 12, 2010, final
rule had no provisions by which waste streams that were not disposed of
in the landfill during the first reporting year could be assessed. 
These waste streams would be required to use the default DOC values,
which have a higher degree of uncertainty.  Facilities may still elect
to use the default DOC values, but proposed amendments provide
methodologies for developing site-specific DOC values for these
“historically-disposed” waste streams.

We are also proposing to amend 40 CFR 98.467 to clarify that records
must be retained for the volatile solids concentration determinations,
including determinations using process knowledge.

Equations for Determining Volatile Solids and DOC Values.  We are
proposing to delete Equation TT-7 and amend Equation TT-8 to 40 CFR
98.464 to correct inadvertent errors in these equations.  These
equations as presented in the July 12, 2010, final rule were incorrect
because the volatile solids concentration was expected to have units of
mass of volatile solids per mass of (wet) waste.  However, per Standard
Method 2540G “Total, Fixed, and Volatile Solids in Solid and Semisolid
Samples,” the volatile solids concentration is determined on a dry
basis (milligram (mg) volatile solids per mg dried solids).  As such,
Standard Method 2540G provides the volatile solids concentration in the
appropriate units needed for 40 CFR 98.464(b)(3), and Equation TT-7 in
the final rule can be deleted.  Additionally, we propose to amend 40 CFR
98.464(b)(4) to correct the errors in Equation TT-8 (which is proposed
to be renumbered as Equation TT-7) and to clarify the units of the
variables used in the equation.

We are revising the variable “F” in Equation TT-1 and new Equation
TT-7 (which was Equation TT-8) to correct the measured CH4 concentration
for zero percent oxygen.  We are proposing to change “Fx” to be
“F” in Equation TT-1 because this parameter should be a fixed value
for a given reporting year and revising the definition of “F” to be
“Fraction by volume of CH4 in landfill gas (fraction, dry basis,
corrected to 0% oxygen).  If you have a gas collection system, use the
annual average CH4 concentration from measurement data for the current
reporting year; otherwise, use the default value of 0.5.” to clarify
that, if a measured value of CH4 concentration is used it should be
based on measurements made during the reporting year and the volume
fraction should be adjusted to 0 percent oxygen for use in Equation
TT-1.

In addition, we are proposing to add a new paragraph (g) in 40 CFR
98.464 and a new Equation TT-8 to provide guidance on how to correct the
measured CH4 concentration for zero percent oxygen in order to arrive at
an appropriate value for F in the case of air infiltration into the
landfill gas at the monitoring location. 

Provisions for Actively Aerated Landfills and Other Amendments to
Conform with Amendments to subpart HH.  Similar to amendments that were
made to subpart HH (Municipal Solid Waste Landfills), we propose to
amend the definition of the methane correction factor (MCF) to allow
landfills with active aeration units to use an MCF value other than the
default value of 1.  For landfills with active aeration units, a
site-specific MCF can be developed based on the amount of aeration and
the fraction of the landfill that is actively aerated.  Owners and
operators of landfills with active aeration can use the default MCF
factor of 1 or they may elect to develop a site-specific MCF value.  The
owner or operator of the industrial waste landfill must document the
basis for the alternative MCF value; in no cases can an MCF value less
than 0.5 be used.  These amendments are being proposed because the
default MCF value of 1 is expected to overestimate the modeled methane
generation at a facility that actively aerates the waste in the
landfill.  Additionally, we propose to add 40 CFR 98.466(d)(4) to
require reporting of the MCF value and the basis for using an MCF value
other than the default value of 1.

We are proposing to define the term “construction and demolition waste
landfills” as defined in subpart HH and use that term rather than
“dedicated construction and demolition waste landfills.”

We are also proposing to revise the footnote to Table TT-1 to subpart TT
of part 98 to clarify that leachate recirculation rates can be
determined from company records or engineering estimates and that the
owner or operator of a landfill that uses leachate recirculation may
elect to use the k value for the wet climate rather than calculating the
leachate recirculation rate.  These amendments provide improved
consistency between the reporting requirements for municipal and
industrial waste landfills.

Other Technical Corrections.  We are proposing other technical
corrections for subpart TT to correct typographical errors, to correct
equations, and to provide minor clarifications.  These proposed
corrections are summarized below:

In 40 CFR 98.460(c)(2)(i), replacing “Coal combustion residue (e.g.,
fly ash)” with “Coal combustion or incinerator ash (e.g., fly
ash)” to better describe our intent to classify all combustion ash
products as inert.

In 40 CFR 98.463(a)(1): 

Revising the definition of GCH4 to delete the word “rate” because
the units of the modeled methane generation is metric tons. 

Revising the definition of DOCx from “degradable organic carbon for
year X…” to be “degradable organic carbon for waste disposed in
year X…” for clarity.

In 40 CFR 98.463(a)(2): 

Revising “January 1, 1980” to be “January 1, 1960” in both
places to correct an inadvertent error.

Replacing the term “first emissions monitoring year” with “first
emissions reporting year” to improve consistency with the terminology
used in other sections of subpart TT.

In 40 CFR 98.463(a)(2)(ii)(C):

Deleting the phrase “fixed average annual bulk waste disposal quantity
for each year for which historic disposal quantity and” in the
paragraph text and adding to the definition of Wx “This annual bulk
waste disposal quantity applies for all years from “YrOpen” to
“YrData” inclusive” to clarify that the value calculated by
Equation TT-4 applies for all years from “YrOpen” to “YrData”
inclusive. 

Revising the definition of LFC and YrData to allow closed landfills that
have some measurement data to appropriately calculate Wx only for years
for which the closed landfill does not have waste disposal data
available from company records or from Equation TT-3. 

In 40 CFR 98.464(b), replacing “For each waste stream for which you
choose to determine…” with “For each waste stream received during
the reporting year for which you choose to determine…” for clarity
given the addition of 40 CFR 98.464(c).

In 40 CFR 98.464(b)(1), adding the parenthetical “(as received at the
landfill)” to clarify that the representative sample of each waste
stream was to be determined “as received at that landfill” (as
opposed to sampling waste in ‘closed’ sections of the landfill) and
for clarity given the addition of 40 CFR 98.464(c).

In 40 CFR 98.466(b), replacing “Report the following waste
characterization information:” with “Report the following waste
characterization and modeling information:” to better describe the
reporting elements included in this paragraph.

Moving paragraphs 40 CFR 98.466(d)(3) and (4) to 98.466(b)(3) and (4)
because these reporting elements are based on reporting year practices
and do not need to be separately reported for each year or used in the
summation for Equation TT-1.  Also, to clarify that the fraction of CH4
in the landfill gas, F, should be based on CH4 concentration corrected
to 0% oxygen. 

In 40 CFR 98.466(b)(2), adding “…for which Equation TT-1 of this
subpart is used to calculate modeled CH4 generation” to clarify that
only descriptions of waste streams disposed of in the landfill and used
in Equation TT-1 must be reported (as opposed to all wastes managed
on-site regardless of whether the waste in managed in the landfill). 

In 40 CFR 98.466(c)(3)(ii), replacing “The year, the waste disposal
quantity and production quantity for each year Equation TT-2 applies”
with “The year, the waste disposal quantity and production quantity
for each year used in Equation TT-2 of this subpart to calculate the
average waste disposal factor (WDF)” to clarify that these data are to
be reported for the years used to calculate WDF, not the years for which
WDF was subsequently used to calculate waste quantities. 

In 40 CFR 98.466(d), adding the phase “and each year thereafter up”
so that the paragraph reads “For each year of landfilling starting
with the “Start Year” (S) and each year thereafter up to the current
reporting year, report the following information:” to clarify that the
reporting elements must be reported separately for each year. 

Adding a new paragraph 40 CFR 98.466(d)(1) to read “The calendar year
for which following data elements apply” to ensure the calendar year
is also reported.  Renumber existing paragraphs 98.466(d)(1) and (2) to
(d)(2) and (3) and add the phrase “for the specified year” to ensure
the data elements are reported with specified year in the new paragraph
98.466(d)(1). 

In 40 CFR 98.466(f), deleting the word “rate” to conform with
revised definition of term and replace it with “(GCH4)” to clarify
this is the equation term to be reported. 

In 40 CFR 98.466(f), adding “(MG)” after “methane generation” to
improve clarity and replace “Equation TT-5” with “Equation TT-6”
to correct an improper equation cross-reference.

In 40 CFR 98.468, adding the definition of “design capacity” to
clarify what is meant by this term as it is used in 40 CFR 98.460.  The
definition is similar to 40 CFR 60.751 (Standards of Performance for
Municipal Solid Waste Landfills).

In Table TT-1, amending the default value of construction and demolition
waste from 0.04 to 0.08 to correct an inadvertent error.

In Table TT-1, revising the description of the waste type “Inert
Waste” to read “Inert Waste [i.e., wastes listed in 40 CFR
98.460(c)(2)]” to correct an incorrect cross-reference. 

III.  Statutory and Executive Order Reviews 

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

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

B.  Paperwork Reduction Act

This action does not impose any new information collection burden. 
These proposed amendments do not make any substantive changes to the
reporting requirements in any of the subparts for which amendments are
being proposed.  In many cases, the proposed amendments to the reporting
requirements could potentially reduce the reporting burden by making the
reporting requirements conform more closely to current industry
practices.  However, the OMB has previously approved the information
collection requirements for subparts A and OO contained in the
regulations promulgated on October 30, 2009, subpart W promulgated on
November 30, 2010, subpart DD promulgated on December 1, 2010, subparts
FF and TT promulgated on July 12, 2010, and subpart RR promulgated on
December 1, 2010 under 40 CFR part 98 under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB
control numbers 2060-0629; 2060-0650; and 2060-0647; and 2060-0649
respectively.  The OMB control numbers for EPA’s regulations in 40 CFR
are listed in 40 CFR part 9.

Further information on EPA’s assessment on the impact on burden can be
found in the Technical Corrections and Amendments Cost Memo in docket
number EPA-HQ-OAR-2011-0147. 

C.  Regulatory Flexibility Act (RFA)

The RFA generally requires an agency to prepare a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements under the Administrative Procedure Act or any other statute
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities.  Small
entities include small businesses, small organizations, and small
governmental jurisdictions.

For purposes of assessing the impacts of this proposed rule on small
entities, small entity is defined as: (1) a small business as defined by
the Small Business Administration’s regulations at 13 CFR 121.201; (2)
a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field. 

After considering the economic impacts of these proposed rule amendments
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities. 
The proposed rule amendments will not impose any new requirement on
small entities that are not currently required by the regulation of
subparts A and OO promulgated on October 30, 2009;    subparts FF, II,
and TT promulgated on July 12, 2010; subpart W promulgated on November
30, 2010, or subparts DD or RR, both promulgated on December 1, 2010.

EPA took several steps to reduce the impact of 40 CFR part 98 on small
entities when developing the final GHG reporting rules in 2009 and 2010.
 For example, EPA determined appropriate thresholds that reduced the
number of small businesses reporting.  In addition, EPA conducted
several meetings with industry associations to discuss regulatory
options and the corresponding burden on industry, such as recordkeeping
and reporting.  Finally, EPA continues to conduct significant outreach
on the GHG reporting program and maintains an “open door” policy for
stakeholders to help inform EPA’s understanding of key issues for the
industries.

We continue to be interested in the potential impacts of the proposed
rule amendments on small entities and welcome comments on issues related
to such impacts.

D.  Unfunded Mandates Reform Act (UMRA)

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531–1538, requires Federal agencies, unless otherwise prohibited by
law, to assess the effects of their regulatory actions on State, local,
and Tribal governments and the private sector.  Federal agencies must
also develop a plan to provide notice to small governments that might be
significantly or uniquely affected by any regulatory requirements.  The
plan must enable officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates and must
inform, educate, and advise small governments on compliance with the
regulatory requirements.

The proposed rule amendments do not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year.  Thus, the proposed rule amendments are not subject to the
requirements of section 202 and 205 of the UMRA.  This rule is also not
subject to the requirements of section 203 of UMRA because it contains
no regulatory requirements that might significantly or uniquely affect
small governments.  The proposed amendments will not impose any new
requirements that are not currently required for 40 CFR part 98, and the
rule amendments would not unfairly apply to small governments. 
Therefore, this action is not subject to the requirements of section 203
of the UMRA.

E.  Executive Order 13132: Federalism 

This action does not have federalism implications.  It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132.  

These amendments apply directly to facilities that supply certain
products that would result in GHGs when released, combusted or oxidized
and facilities that directly emit greenhouses gases.  They do not apply
to governmental entities unless the government entity owns a facility
that directly emits GHGs above threshold levels (such as a landfill), so
relatively few government facilities would be affected.  This regulation
also does not limit the power of States or localities to collect GHG
data and/or regulate GHG emissions.  Thus, Executive Order 13132 does
not apply to this action.

Although section 6 of Executive Order 13132 does not apply to this
action, EPA did consult with State and local officials or
representatives of State and local governments in developing subparts A
and OO promulgated on October 30, 2009; subparts FF, II, and TT
promulgated on July 12, 2010; subpart W promulgated on November 30,
2010, and subparts DD and RR, both promulgated on December 1, 2010.  A
summary of EPA’s consultations with State and local governments is
provided in Section VIII.E of the preamble to the 2009 final rule. 

In the spirit of Executive Order 13132, and consistent with EPA policy
to promote communications between EPA and State and local governments,
EPA specifically solicits comment on this proposed action from State and
local officials.

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

This action does not have tribal implications, as specified in Executive
Order 13175 (65 FR 67249, November 9, 2000).  The proposed rule
amendments would not result in any changes to the current requirements
of 40 CFR part 98.  Thus, Executive Order 13175 does not apply to this
action.

Although Executive Order 13175 does not apply to this action, EPA sought
opportunities to provide information to Tribal governments and
representatives during the development of the rules for subparts A and
OO promulgated on October 30, 2009; subparts FF, II, and TT promulgated
on July 12, 2010; subpart W promulgated on November 30, 2010, and
subparts and DD and RR, both promulgated on December 1, 2010.  A summary
of the EPA’s consultations with Tribal officials is provided in
Sections VIII.D and VIII.F of the preamble to the 2009 final rule and in
Section IV.F of the final rule for subpart W.

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

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

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

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

I.  National Technology Transfer and Advancement Act

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

This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus
standards.

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

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

EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not affect
the level of protection provided to human health or the environment
because it is a rule addressing information collection and reporting
procedures.

List of Subjects in 40 CFR Part 98

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

____________________________

Dated:

____________________________

Lisa P. Jackson,

Administrator.

For the reasons stated in the preamble, part 98 of title 40, chapter I,
of the Code of Federal Regulations is proposed to be amended as follows:

PART 98—[AMENDED]

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

Authority:  42 U.S.C. 7401-7671q.

Section 98.2 is amended by:

a.  Revising paragraph (d).

b.  Revising paragraph (e).

c.  Revising paragraph (f) introductory text.

d.  Revising paragraph (h).

e.  Revising paragraph (i)(3).

Subpart A—[Amended]

§98.2  Who must report?

*	*	*	*	*

 (d)  To calculate GHG quantities for comparison to the 25,000 metric
ton CO2 per year threshold for importers and exporters of coal-to-liquid
products under paragraph (a)(4) of this section, calculate the mass in
metric tons per year of CO2 that would result from the complete
combustion or oxidation of the quantity of coal-to-liquid products that
are imported during the reporting year and, that are exported during the
reporting year.  Compare the imported quantities and the exported
quantities separately to the 25,000 metric ton CO2 per year threshold. 
Calculate the quantities using the methodology specified in subpart LL
of this part.  

(e)  To calculate GHG quantities for comparison to the 25,000 metric ton
CO2e per year threshold for importers and exporters of petroleum
products under paragraph (a)(4) of this section, calculate the mass in
metric tons per year of CO2 that would result from the complete
combustion or oxidation of the combined volume of petroleum products and
natural gas liquids that are imported during the reporting year and that
are exported during the reporting year.  Compare the imported quantities
and the exported quantities separately to the 25,000 metric ton CO2 per
year threshold.  Calculate the quantities using the methodology
specified in subpart MM of this part.

(f)  To calculate GHG quantities for comparison to the 25,000 metric ton
CO2e per year threshold under paragraph (a)(4) of this section for
importers and exporters of industrial greenhouse gases and for importers
and exporters of CO2, the owner or operator shall calculate the mass in
metric tons per year of CO2e imports and exports as described in
paragraphs (f)(1) through (f)(3) of this section.  Compare the imported
quantities and the exported quantities separately to the 25,000 metric
ton CO2 per year threshold.

*	*	*	*	*

(h)  An owner or operator of a facility or supplier that does not meet
the applicability requirements of paragraph (a) of this section is not
subject to this rule.  Such owner or operator would become subject to
the rule and reporting requirements, if a facility or supplier exceeds
the applicability requirements of paragraph (a) of this section at a
later time pursuant to §98.3(b)(3).  Thus, the owner or operator should
reevaluate the applicability to this part (including the revising of any
relevant emissions calculations or other calculations) whenever there is
any change that could cause a facility or supplier to meet the
applicability requirements of paragraph (a) of this section.  Such
changes include but are not limited to process modifications, increases
in operating hours, increases in production, changes in fuel or raw
material use, addition of equipment, and facility expansion. 

(i)  *	*	*

(3)  If the operations of a facility or supplier are changed such that
all applicable GHG-emitting processes and operations listed in
paragraphs (a)(1) through (a)(4) of this section cease to operate, then
the owner or operator is exempt from reporting in the years following
the year in which cessation of such operations occurs, provided that the
owner or operator submits a notification to the Administrator that
announces the cessation of reporting and certifies to the closure of all
GHG-emitting processes and operations no later than March 31 of the year
following such changes.  This paragraph (i)(3) does not apply to
seasonal or other temporary cessation of operations.  This paragraph
(i)(3) does not apply to facilities with municipal solid waste landfills
or industrial waste landfills, or to underground coal mines.  The owner
or operator must resume reporting for any future calendar year during
which any of the GHG-emitting processes or operations resume operation.

*	*	*	*	*

Section 98.3 is amended by:

a.  Revising paragraph (b) introductory text.

b.  Revising paragraph (b)(1). 

c.  Adding paragraph (b)(4).

d.  Revising paragraph (c)(5)(ii).

e.  Revising paragraph (c)(7).

f.  Revising paragraph (c)(10).

g.  Revising paragraph (c)(11).  

h.  Revising the second sentence of paragraph (g) introductory text.

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

*	*	*	*	*

(b)  Schedule.  The annual GHG report for reporting year 2010 must be
submitted no later than September 30, 2011.  The annual report for
reporting years 2011 and beyond must be submitted no later than March 31
of each calendar year for GHG emissions in the previous calendar year,
except as provided in paragraph (b)(1) of this section.  

(1)  For reporting year 2011, GHG information required by the subparts
listed in paragraphs (b)(1)(i) through (b)(1)(xii) of this section must
be submitted no later than September 28, 2012.  This reporting date
applies only to the data reporting requirements identified in the listed
subparts and does not affect data reporting requirements of other
subparts that apply to a facility or supplier. 

(i)  Electronics Manufacturing (subpart I). 

(ii)  Fluorinated Gas Production (subpart L). 

(iii)  Magnesium Production (subpart T). 

(iv)  Petroleum and Natural Gas Systems (subpart W). 

(v)  Use of Electric Transmission and Distribution Equipment (subpart
DD). 

(vi) Underground Coal Mines (subpart FF). 

(vii)  Industrial Wastewater Treatment (subpart II). 

(viii)  Imports and Exports of Equipment Pre–charged with Fluorinated
GHGs or Containing Fluorinated GHGs in Closed–cell Foams (subpart QQ).


(ix)  Geologic Sequestration of Carbon Dioxide (subpart RR). 

(x)  Manufacture of Electric Transmission and Distribution (subpart SS).


(xi) Industrial Waste Landfills (subpart TT).

(xii)  Injection of Carbon Dioxide (subpart UU).

*	*	*	*	*

(4)  Unless otherwise stated, if the final day of any time period falls
on a weekend or a Federal holiday, the time period shall be extended to
the next business day.

(c)  *	*	*

(5)  *	*	*

(ii)  Quantity of each GHG from each applicable supply category in Table
A-5 of this subpart, expressed in metric tons of each GHG.  For
fluorinated GHG, report quantities of all fluorinated GHG, including
those not listed in Table A-1 of this subpart.

*	*	*	*	*

(7)  A brief description of each “best available monitoring method”
used, the parameter measured using the method, and the time period
during which the “best available monitoring method” was used, if
applicable.

*	*	*	*	*

(10)  NAICS code(s) that apply to the facility or supplier. 

(i)  Primary NAICS code.  Report the NAICS code that most accurately
describes the facility or supplier’s primary product/activity/
service.  The primary product/activity/ service is the principal source
of revenue for the facility or supplier.  A facility or supplier that
has two distinct products/activities/services providing comparable
revenue may report a second primary NAICS code.

(ii)  Additional NAICS code(s).  Report all additional NAICS codes that
describe all product(s)/activity(s)/service(s) at the facility or
supplier that are not related to the principal source of revenue.

(11)  Legal name(s) and physical address(es) of the highest-level United
States parent company(s) of the owners (or operators) of the facility or
supplier and the percentage of ownership interest for each listed parent
company as of December 31 of the year for which data are being reported
according to the following instructions:

(i)  If the facility or supplier is entirely owned by a single United
States company that is not owned by another company, provide that
company’s legal name and physical address as the United States parent
company and report 100 percent ownership.

(ii)  If the facility or supplier is entirely owned by a single United
States company that is, itself, owned by another company (e.g., it is a
division or subsidiary of a higher-level company), provide the legal
name and physical address of the highest-level company in the ownership
hierarchy as the United States parent company and report 100 percent
ownership.

(iii)  If the facility or supplier is owned by more than one United
States company (e.g., company A owns 40 percent, company B owns 35
percent, and company C owns 25 percent), provide the legal names and
physical addresses of all the highest-level companies with an ownership
interest as the United States parent companies, and report the percent
ownership of each company.

(iv)  If the facility or supplier is owned by a joint venture or a
cooperative, the joint venture or cooperative is its own United States
parent company.  Provide the legal name and physical address of the
joint venture or cooperative as the United States parent company, and
report 100 percent ownership by the joint venture or cooperative.

(v)  If the facility or supplier is entirely owned by a foreign company,
provide the legal name and physical address of the foreign company’s
highest-level company based in the United States as the United States
parent company, and report 100 percent ownership.

(vi)  If the facility or supplier is partially owned by a foreign
company and partially owned by one or more U.S. companies, provide the
legal name and physical address of the foreign company’s highest-level
company based in the United States, along with the legal names and
physical addresses of the other U.S. parent companies, and report the
percent ownership of each of these companies.

(vii)  If the facility or supplier is a federally owned facility, report
“U.S. Government” and do not report physical address or percent
ownership.

*	*	*	*	*

(g)  Recordkeeping.  *	*	*  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. *	*	* 

*	*	*	*	*

Section 98.4 is amended by revising paragraph (m)(4) to read as follows:

§98.4  Authorization and responsibilities of the designated
representative.

*	*	*	*	*

	(m) 	*	*	*

(4) 	Any electronic submission covered by the certification in paragraph
(m)(2)(v)(A) of this section and made in accordance with a notice of
delegation effective under paragraph (m)(3) of this section shall be
deemed to be an electronic submission certified, signed, and submitted
by the designated representative or alternate designated representative
submitting such notice of delegation.

Section 98.6 is amended by revising the definitions of “Blowdown vent
stack”, “Supplier”, and “United States parent company(s)” to
read as follows: 

§98.6  Definitions.

*	*	*	*	*

Blowdown vent stack emissions mean natural gas and/or CO2 released due
to maintenance and/or blowdown operations including compressor blowdown
and emergency shut-down (ESD) system testing.  Emissions from emergency
events are not included. 

*	*	*	*	*

Supplier means a producer, importer, or exporter in any supply category
included in Table A-5, as defined by the corresponding subpart of this
part.

*	*	*	*	*

United States parent company(s) means the highest-level United States
company(s) with an ownership interest in the facility or supplier as of
December 31 of the year for which data are being reported.

*	*	*	*	*

Section 98.9 introductory text is amended to read as follows:

§98.9  Addresses.

All requests, notifications, and communications to the Administrator
pursuant to this part, other than submittal of the annual GHG report;
the certificate of representation; and other requests, notifications or
communications that can be submitted through the electronic greenhouse
gas reporting tool, shall be submitted to the following address: 

*	*	*	*	*

Table A-3 to subpart A is amended by revising the entry for
“Underground coal mines” and for “Electrical transmission and
distribution equipment use” to read as follows: 

 Table A-3 of Subpart A of Part 98—Source Category List for
§98.2(a)(1)

Source Categoriesa Applicable in 2010 and Future Years

*	*	*	*	*	*	*

Additional Source Categoriesa Applicable in 2011 and Future Years

*	*	*	*	*	*	*

Electrical transmission and distribution equipment use at facilities
where the total nameplate capacity of SF6 and PFC containing equipment
exceeds 17,820 pounds, as determined under §98.301 (subpart DD).

Underground coal mines liberating 36,500,000 actual cubic feet of CH4 or
more per year (subpart FF). 

*	*	*	*	*	*	*

a  Source categories are defined in each applicable subpart.

Table A-5 to subpart A is amended by revising the entries for
“Petroleum product suppliers (subpart MM)” to read as follows:  

Table A-5 to Subpart A of Part 98 —Supplier Category List for
§98.2(a)(4)

Supplier Categoriesa Applicable in 2010 and Future Years

*	*	*	*	*	*	*

Petroleum product suppliers (subpart MM):

(A) All petroleum refineries that distill crude oil.

(B) Importers of an annual quantity of petroleum products and natural
gas liquids that is equivalent to 25,000 metric tons CO2e or more.

(C) Exporters of an annual quantity of petroleum products and natural
gas liquids that is equivalent to 25,000 metric tons CO2e or more.

*	*	*	*	*	*	*

aSuppliers are defined in each applicable subpart.

Subpart W—[Amended]

Section 98.230 is amended by revising paragraph(a)(3)(ii) to read as
follows:

§98.230  Definition of the source category. 

(a)   *	 *	 *	

(3)	 *	 *	 *	

(ii)  All processing facilities that do not fractionate with annual
average throughput of 25 MMscf per day or greater. 

*	*	*	*	*

Section 98.232 is amended by revising paragraph (d) introductory text
and paragraph (i) introductory text to read as follows:

§98.232 GHGs to report. 

*	*	*	*	*

(d)  For onshore natural gas processing, report CO2, CH4, and N2O
emissions from the following sources: 

*	*	*	*	*

(i)  For natural gas distribution, report CO2 and CH4 emissions from the
following sources:

*	*	*	*	*

 Section 98.233 is amended by:

a.  Revising the definition of “GHGi” in Equation W-1 of paragraph
(a).

b.  Revising the definition of “GHGi” in Equation W-2 and W-2 in
paragraph (c).

c.  Revising the first sentence of paragraphs (d)(2), (d)(3), and
(d)(4).

d.  Revising paragraphs (e) introductory text, (e)(1) introductory text,
(e)(1)(xi) introductory text, (e)(1)(xi)(A) through (C), and (e)(2)
introductory text.

e.  Revising paragraph (f)(2) introductory text.

f.  In paragraph (f)(2), revising the introductory text, Equation W-8,
and definitions of Equation W-8.

g.  In paragraph (f)(3), revising Equation W-9 and the definitions of
Equation W-9.

h.  In paragraph (h), revising the definitions of “Ea,n”,
“EFwo”, and “Vf” in Equation W-13.

i.  Removing paragraph (h)(1).

j.  Redesignating paragraphs (h)(2) and (h)(3) as paragraphs (h)(1) and
(h)(2), respectively, and revising new paragraph (h)(1). 

k.  Revising paragraphs (i) introductory text and (i)(2).

l.  Revising the definition of “Vv” in Equation W-14 of paragraph
(i)(3).

m.  Revising paragraph (i)(4).

n.  Revising the first sentence of paragraph (j)(1) and revising
paragraph (j)(1)(vii).

o.  Revising paragraphs (j)(2), (j)(3) introductory text, and (j)(4)
introductory text.

p.  In paragraph (j)(5), revising Equation W-15, revising the
definitions of “EFi” and “Count”, and defining the use of
“1,000”.

q.  In paragraph (j)(8), revising Equation W-16, revising the definition
of “En”, removing the definition of “Et”, and defining the use
of “8,760”.

r.  Revising paragraphs (k)(2) and (k)(4).

s.  Revising paragraph (q) introductory text.

” in Equation W-36 of paragraph (v).

u.  Revising paragraph (z) introductory text.

”, “η”, “YCO2”, and “YCH4”; and revising the definitions
of “Yj” and “Rj”. 

w.  Revising paragraph (z)(3). 

x.  Removing paragraphs (z)(6)(i) through (z)(6)(iii).

y.  Redesignating paragraphs (z)(4), (z)(5), and (z)(6) as (z)(2)(iv),
(z)(2)(v), and (z)(2)(vi), respectively. 

z.  In newly redesignated paragraph (z)(2)(vi), revising Equation W-40
and revising the definition of “HHV”. 

§98.233 Calculating GHG emissions.

*	*	*	*	*

	(a)	*	*	*	

GHGi 	= 	For onshore petroleum and natural gas production facilities,
concentration of GHG i, CH4 or CO2, in produced natural gas as defined
in paragraph (u)(2)(i) of this section; for facilities listed in
§98.230(a)(4) and (a)(5), GHGi equals 0.952 for CH4 and 1×10-2 for
CO2.

*	*	*	*	*

	(c) 	*	*	*	

GHGi 	= 	Concentration of GHG i, CH4 or CO2, in produced natural gas as
defined in paragraph (u)(2)(i) of this section.

*	*	*	*	*

	(d)	*	*	*

(2)  Calculation Methodology 2.  If CEMS is not available but a vent
meter is installed, use the CO2 composition and annual volume of vent
gas to calculate emissions using Equation W-3 of this section.

*	*	*	*	*

(3)  Calculation Methodology 3.  If CEMS or a vent meter is not
installed, you may use the inlet or outlet gas flow rate of the acid gas
removal unit to calculate emissions for CO2 using Equation W-4 of this
section.

*	*	*	*	*

(4)  Calculation Methodology 4.  If CEMS or a vent meter is not
installed, you may calculate emissions using any standard simulation
software packages, such as AspenTech HYSYS® and API 4679 AMINECalc,
that uses the Peng-Robinson equation of state, and speciates CO2
emissions.  *	*	*

*	*	*	*	*

(e)  Dehydrator vents.  For dehydrator vents, calculate annual CH4, CO2
and N2O (when flared) emissions using any of the calculation
methodologies described in paragraph (e) of this section.

(1)  Calculation Methodology 1.  Calculate annual mass emissions from
dehydrator vents with annual average daily throughput greater than or
equal to 0.4 million standard cubic feet per day using a software
program, such as AspenTech HYSYS® or GRI-GLYCalc, that uses the
Peng-Robinson equation of state to calculate the equilibrium
coefficient, speciates CH4 and CO2 emissions from dehydrators, and has
provisions to include regenerator control devices, a separator flash
tank, stripping gas and a gas injection pump or gas assist pump.  A
minimum of the following parameters determined by engineering estimate
based on best available data must be used to characterize emissions from
dehydrators:

*	*	*	*	*

(xi)  Wet natural gas composition.  Determine this parameter by
selecting one of the methods described under paragraph (e)(1)(xi) of
this section.

(A)  Use the wet natural gas composition as defined in paragraph
(u)(2)(i) or (u)(2)(ii) of this section.

(B)  If wet natural gas composition cannot be determined using paragraph
(u)(2)(i) or (u)(2)(ii) of this section, select a representative
analysis.

(C)  You may use an appropriate standard method published by a
consensus-based standards organization if such a method exists or you
may use an industry standard practice as specified in §98.234(b) to
sample and analyze wet natural gas composition.

*	*	*	*	*

(2)  Calculation Methodology 2.  Calculate annual CH4 and CO2 emissions
from glycol dehydrators with annual average daily throughput less than
0.4 million cubic feet per day using Equation W-5 of this section:  *	*
*	

*	*	*	*	*

(f)	*	*	*

(2)  Calculation Methodology 2.  Calculate the total emissions for well
venting for liquids unloading using Equation W-8 of this section.

 	(Eq. W-8)

Where:

Ea,n	=	Annual natural gas emissions at actual conditions, in cubic
feet/year. 

W	=	Number of wells with well venting for liquids unloading at the
facility. 

0.37×10-3	=	{3.14 (pi)/4}/{14.7*144} (psia converted to pounds per
square feet).

CDW	=	Casing diameter for each well, in inches.

WDW	=	Well depth to first producing horizon for each well, in feet.

SPW	=	Shut-in pressure for each well, in pounds square inch atmosphere
(psia).

VW	=	Number of vents per year per well.

SFRW 	= 	Average sales flow rate of each gas well in cubic feet per
hour.

HRV,W 	=	Hours that each well was left open to the atmosphere during
each unloading event. 

1.0	= 	Hours for average well to blowdown casing volume at shut-in
pressure.

ZV,W	=	If HRV,W is less than 1.0 then ZV,W is equal to 0. If HRV,W is
greater than or equal to 1.0 then ZV,W is equal to 1.

*	*	*	*	*

	(3)	*	*	*

 	(Eq. W-9)

Where:

Ea,n	=	Annual natural gas emissions at actual conditions, in cubic
feet/year. 

W	=	Number of wells with well venting for liquids unloading at the
facility. 

0.37×10-3	=	{3.14 (pi)/4}/{14.7*144} (psia converted to pounds per
square feet).

TDW	=	Tubing diameter for each well, in inches.

WDW	=	Tubing depth to plunger bumper for each well, in feet.

SPW	=	Sales line pressure for each well, in pounds per square inch
atmospheric (psia).

NV	=	Number of vents per year per well.

SFRW 	= 	Average sales flow rate of each gas well in cubic feet per
hour.

HRV,W 	=	Hours that each well was left open to the atmosphere during
each unloading event. 

0.5	= 	Hours for average well to blowdown tubing volume at sales line
pressure.

ZV,W	=	If HRV,W is less than 0.5 then ZV,W is equal to 0. If HRV,W is
greater than or equal to 0.5 then ZV,W is equal to 1.

*	*	*	*	*

	(h)  *	*	*	

Es,n 	=	Annual natural gas emissions in standard cubic feet from a gas
well venting during well completions and workovers without hydraulic
fracturing. 

*	*	*	*	*

EFwo	=	Emission Factor for non-hydraulic fracture well workover venting
in standard cubic feet per workover. EFwo =   3114 standard cubic feet
per well workover without hydraulic fracturing.

*	*	*	*	*

Vf	= 	Average daily gas production rate in standard cubic feet per hour
of each well completion without hydraulic fracturing.  This is the total
annual gas production volume divided by total number of hours the wells
produced to the sales line. For completed wells that have not
established a production rate, you may use the average flow rate from
the first 30 days of production. In the event that the well is completed
less than 30 days from the end of the calendar year, the first 30 days
of the production straddling the current and following calendar years
shall be used. 

*	*	*	*	*

(1)  Volumetric emissions for both CH4 and CO2 shall be calculated from
volumetric natural gas emissions using calculations in paragraphs (u) of
this section.  Mass emissions for both CH4 and CO2 shall be calculated
from volumetric natural gas emissions using calculations in paragraphs
(v) of this section.

(2)  Calculate annual emissions from gas well venting during well
completions and workovers not involving hydraulic fracturing to flares
as follows: 	

*	*	*	*	*

(i)  Blowdown vent stacks.  Calculate CO2 and CH4 blowdown vent stack
emissions from depressurizing equipment to the atmosphere (excluding
depressurizing to a flare, over-pressure relief, operating pressure
control venting and blowdown of non-GHG gases; desiccant dehydrator
blowdown venting before reloading is covered in paragraph (e)(5) of this
section) as follows (Emissions from emergency events are not included.):

*	*	*	*	*

(2)  If the total physical volume between isolation valves is greater
than or equal to 50 cubic feet, retain logs of the number of blowdowns
for each equipment type (including but not limited to compressors,
vessels, pipelines, headers, fractionators, and tanks).  Blowdown
volumes smaller than 50 standard cubic feet are exempt from reporting
under paragraph (i) of this section.

(3)  *	*	*	

Vv	=	Total physical volume of blowdown equipment chambers (including
pipelines, compressors and vessels) between isolation valves in cubic
feet.

*	*	*	*	*

(4)  Calculate both CH4 and CO2 volumetric and mass emissions using
calculations in paragraph (u) and (v) of this section.

*	*	*	*	*

(j)	*	*	*

(1)  Calculation Methodology 1.  For separators with annual average
daily throughput of oil greater than or equal to 10 barrels per day.  	*
*	*

*	*	*	*	*

(vii)  Separator oil composition and Reid vapor pressure. If this data
is not available, determine these parameters by selecting one of the
methods described under paragraph (j)(1) (vii) of this section. 

*	*	*	*	*

(2)  Calculation Methodology 2.  Calculate annual CH4 and CO2 emissions
from onshore production storage tanks for wellhead gas-liquid separators
with annual average daily throughput of oil greater than or equal to 10
barrels per day by assuming that all of the CH4 and CO2 in solution at
separator temperature and pressure is emitted from oil sent to storage
tanks.  You may use an appropriate standard method published by a
consensus-based standards organization if such a method exists or you
may use an industry standard practice as described in §98.234(b) to
sample and analyze separator oil composition at separator pressure and
temperature.

(3)  Calculation Methodology 3.  For wells with annual average daily oil
production greater than or equal to 10 barrels per day that flow
directly to atmospheric storage tanks without passing through a wellhead
separator, calculate annual CH4 and CO2 emissions by either of the
methods in paragraph (j)(3) of this section:

*	*	*	*	*

(4)  Calculation Methodology 4.  For wells with annual average daily oil
production greater than or equal to 10 barrels per day that flow to a
separator not at the well pad, calculate annual CH4 and CO2 emissions by
either of the methods in paragraph (j)(4) of this section:

*	*	*	*	*

(5)  *	*	*

 	(Eq. W-15)

Where:

Es,i	=	Annual total volumetric GHG emissions (either CO2 or CH4) at
standard conditions in cubic feet.

EFi	=	Populations emission factor for separators or wells in thousand
standard cubic feet per separator or well per year, for crude oil use
4.3 for CH4 and 2.9 for CO2 at 68°F and 14.7 psia, and for gas
condensate use 17.8 for CH4 and 2.9 for CO2 at 68°F and 14.7 psia.

Count	=	Total number of separators or wells with throughput less than 10
barrels per day.

1,000	=	Conversion to cubic feet

*	*	*	*	*

(8)  *	*	*

 	(Eq. W-16)

Where:

*	*	*	*	*

En	=	Storage tank emissions as determined in Calculation Methodologies
1, 2, or 4 in paragraphs (j)(1), (j)(2) and (j)(4) of this section (with
wellhead separators) in cubic feet per year. 

* 	*	*	*	*8,760	=	Conversion to hourly emissions.

*	*	*	*	*

(k)  *	*	*

(2)  If the tank vapors are continuous for 5 minutes, or the acoustic
leak detection device detects a leak, then use one of the following two
methods in paragraph (k)(2) of this section to quantify annual
emissions: 

*	*	*	*	*

(4)  Calculate annual emissions from storage tanks to flares as follows:

(i)  Use the storage tank emissions volume and gas composition as
determined in paragraphs (k)(1) through (k)(3) of this section.

(ii)  Use the calculation methodology of flare stacks in paragraph (n)
of this section to determine storage tank emissions sent to a flare.

*	*	*	*	*

(q)  Leak detection and leaker emission factors.  You must use the
methods described in §98.234(a) to conduct leak detection(s) of
equipment leaks from all sources listed in §98.232(d)(7), (e)(7),
(f)(5), (g)(3), (h)(4), and (i)(1).  This paragraph (q) applies to
emissions sources in streams with gas content greater than 10 percent
CH4 plus CO2 by weight.  Emissions sources in streams with gas content
less than 10 percent CH4 plus CO2 by weight do not need to be reported. 
Tubing systems equal to or less than one half inch diameter are exempt
from the requirements of this paragraph (q) and do not need to be
reported.  If equipment leaks are detected for sources listed in this
paragraph (q), calculate equipment leak emissions per source per
reporting facility using Equation W-30 of this section for each source
with equipment leaks.  

*	*	*	*	*

	(v)  *	*	*

	=	Density of GHG i. Use 0.0520 kg/ft3 for CO2 and N2O, and 0.0190
kg/ft3 for CH4 at 68°F and 14.7 psia or 0.0530 kg/ft3 for CO2 and N2O,
and 0.0193 kg/ft3 for CH4 at 60°F and 14.7 psia .

*	*	*	*	*

	(z)  Onshore petroleum and natural gas production and natural gas
distribution combustion emissions.  Calculate CO2, CH4, and N2O
combustion-related emissions from stationary or portable equipment,
except as specified in paragraph (z)(3) of this section, as follows:

	(2)  *	*	*

(iii)  *	  *	  *

 	(Eq. W-39A)

 	(Eq. W-39B)

Where:

*	*	*	*	*

Ea,CH4 	= 	Contribution of annual CH4 emissions from portable or
stationary fuel combustion sources in cubic feet, under actual
conditions.

η	=	Combustion efficiency for portable and stationary equipment
determined based on engineering estimation. 

*	*	*	*	*

Yj 	=	Concentration of gas hydrocarbon constituents j (such as methane,
ethane, propane, butane, and pentanes plus) in gas sent to combustion
unit.

YCH4	=    Concentration of methane constituent in gas sent to combustion
unit.

YCO2	=    Concentration of CO2 constituent in gas sent to combustion
unit.

Rj	=	Number of carbon atoms in the gas hydrocarbon constituent j; 1 for
methane, 2 for ethane, 3 for propane, 4 for butane, and 5 for pentanes
plus) in gas sent to combustion unit.

 (iv)  Calculate GHG volumetric emissions at standard conditions using
calculations in paragraph (t) of this section.

(v)  Calculate both combustion-related CH4 and CO2 mass emissions from
volumetric CH4 and CO2 emissions using calculation in paragraph (v) of
this section.

(vi)  Calculate N2O mass emissions using Equation W–40 of this
section.

 		(Eq. W-40)

Where:

*	*	*	*	*

HHV 	=	For the high heat value for field gas or process vent gas, use
1.235 x 10-3 mmBtu/scf for HHV.

*	*	*	*	*

 (3)  External fuel combustion sources with a rated heat capacity equal
to or less than 5 mmBtu/hr do not need to report combustion emissions or
include these emissions for threshold determination in §98.231(a).  You
must report the type and number of each external fuel combustion unit.

Section 98.234 is amended by revising Equation W-41 of paragraph (e) to
read as follows:

§98.234  Monitoring and QA/QC requirements.

*	*	*	*	*

(e)  *	*	*

 	(Eq. W-41)

Where:

p	=	Absolute pressure.

R	=	Universal gas constant.

T	=	Absolute temperature.

Vm	=	Molar volume.

 

 

 

Where:

ω	=	Acentric factor of the species.

Tc	=	Critical temperature.

Pc	=	Critical pressure.

*	*	*	*	*

Section 98.236 is amended by revising paragraphs (c)(6)(ii)(B) and
(c)(7)(i).

§98.236  Data reporting requirements.

*	*	*	*	*

(c)  *	*	*

(6)  *	*	*

(ii) *	*	*

(B)  Total count of workovers in calendar year that flare gas or vent
gas to the atmosphere.

*	*	*	*	*

(7)  *	*	*

(i)  Total number of blowdowns per unique volume type in calendar year. 

*	*	*	*	*

Tables W-3 and W-4 to subpart W are amended by revising the entries for
“Low Continuous Bleed Pneumatic Device Vents”, “High Continuous
Bleed Pneumatic Device Vents”, and “Intermittent Bleed Pneumatic
Device Vents” as follows:

Table W-3 to Subpart W of Part 98--Default Total Hydrocarbon Emission
Factors for Onshore Natural Gas Transmission Compression

Onshore natural gas transmission compression	Emission Factor
(scf/hour/component)

Leaker Emission Factors - Compressor Components, Gas Service

*	*	*	*	*	*	*	*

Leaker Emission Factors – Non-Compressor Components, Gas Service

*	*	*	*	*	*	*	*

Population Emission Factors – Gas Service

Low Continuous Bleed Pneumatic Device Vents2	1.79

High Continuous Bleed Pneumatic Device Vents2	20.1

Intermittent Bleed Pneumatic Device Vents2	20.1

1 Valves include control valves, block valves and regulator valves.

2 Emission Factor is in units of "scf/hour/device"



Table W-4 to Subpart W of Part 98—Default Total Hydrocarbon Emission
Factors for Underground Natural Gas Storage

Underground natural gas storage	Emission Factor (scf/hour/component)

Leaker Emission Factors - Storage Station, Gas Service 

*	    *	    *	    *     *	*	*

Population Emission Factors - Storage Wellheads, Gas Service

*	    *	    *	    *     *	*	*



Population Emission Factors - Other Components, Gas Service

Low Continuous Bleed Pneumatic Device Vents2	1.79

High Continuous Bleed Pneumatic Device Vents2	20.1

Intermittent Bleed Pneumatic Device Vents2	20.1

1 Valves include control valves, block valves and regulator valves. 

2 Emission Factor is in units of "scf/hour/device"



Subpart FF—[Amended]

 Section 98.322 is amended by revising paragraph (f) to read as follows:

§98.322  GHGs to report.

*	*	*	*	*

(f)  An underground coal mine that is subject to this part because
emissions from source categories described in Tables A-3, A-4 or A-5, or
from stationary combustion (subpart C), is not required to report
emissions under subpart FF of this part unless the coal mine liberates
36,500,000 actual cubic feet (acf) or more of methane per year from its
ventilation system.

Section 98.323 is amended by:

a.  Revising the definitions of “V”, “C”, and “P” in
Equation FF-1 of paragraph (a).

b.  Revising the first sentence of paragraph (a)(2).

c.  Revising the definitions of “Vi”, “Ci”, Ti, and “Pi” in
equation FF-3 of paragraph (b).

d.  Revising the first sentence of parapraph (b)(1).

e.  Revising paragraph (c) introductory text.

§98.323  Calculating GHG emissions.

	(a)  *	*	*

V 		=	Volumetric flow rate for the quarter

		(cfm) based on sampling or a flow rate meter.  If a flow rate meter is
used and the meter automatically corrects for temperature and pressure,
replace “520°R/T × P/1 atm” with “1”.

*	*	*	*	*

C 	=	CH4 concentration of ventilation gas for the quarter (%). 

*	*	*	*	*

P 	=	Pressure at which flow is measured (atm) for the quarter.  The
annual average barometric pressure from the nearest NOAA weather service
station may be used as a default.

*	*	*	*	*

(2)  Values of V, C, T, P, and fH2O, if applicable, must be based on
measurements taken at least once each quarter with no fewer than 6 weeks
between measurements.  *	  *	  *

*	*	*	*	*

(b)  *	*	*

Vi 	=	Measured volumetric flow rate for the days in the week when the
degasification system is in operation at that monitoring point, based on
sampling or a flow rate meter (cfm).If a flow rate meter is used and the
meter automatically corrects for temperature and pressure, replace
“520°R/Ti × Pi/1 atm” with “1”.

*	*	*	*	*

Ci 	=	CH4 concentration of gas for the days in the week when the
degasification system is in operation at that monitoring point (%).

*	*	*	*	*

Ti 	=	Temperature at which flow is measured (°R). 

Pi 	=	Pressure at which flow is measured (atm).

*	*	*	*	*

(1)  Values for V, C, T, P, and fH2O, if applicable, must be based on
measurements taken at least once each calendar week with at least 3 days
between measurements. *	   *	*

*	*	*	*	*

(c)  If gas from degasification system wells or ventilation shafts is
sold, used onsite, or otherwise destroyed (including by flaring), you
must calculate the quarterly CH4 destroyed for each destruction device
and each point of offsite transport to a destruction device, using
Equation FF-5 of this section.  You must measure CH4 content and flow
rate according to the provisions in §98.324, and calculate the methane
routed to the destruction device (CH4) using either Eq. FF-1 or Eq.
FF-3, as applicable. 

*	*	*	*	*

Section 98.324 is amended by:

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

b.  Revising paragraph (c).

c.  Revising paragraph (d). 

d.  Revising paragraph (e) introductory text.

e.  Revising paragraphs (g) and (h).

§98.324  Monitoring and QA/QC requirements. 

*	*	*	*	*

	(b) *	*	*	

(1)  Collect quarterly or more frequent grab samples (with no fewer than
6 weeks between measurements) for methane concentration and make
quarterly measurements of flow rate, temperature, pressure, and moisture
content, if applicable.  The sampling and measurements must be made at
the same locations as MSHA inspection samples are taken, and should be
taken when the mine is operating under normal conditions.  You must
follow MSHA sampling procedures as set forth in the MSHA Handbook
entitled, General Coal Mine Inspection Procedures and Inspection
Tracking System Handbook Number: PH-08-V-1, January 1, 2008
(incorporated by reference, see §98.7).  You must record the date of
sampling, flow, temperature, pressure, and moisture measurements, the
methane concentration (percent), the bottle number of samples collected,
and the location of the measurement or collection.  

(2)  Obtain results of the quarterly (or more frequent) testing
performed by MSHA for the methane flowrate.  At the time and location of
the MSHA sampling, make measurements of temperature, pressure and
moisture content using the same procedures specified in paragraph (b)(1)
of this section.  If the MSHA data for methane flow is provided in the
units of actual cubic feet of methane per day, the methane flow data is
inserted into Equation FF-1 of this section in place of the value for V
and the variables MCF, C/100%, and 1440 are removed from the equation.

*	*	*	*	*

(c)  For CH4 liberated at degasification systems, determine whether CH4
will be monitored from each well and gob gas vent hole, from a
centralized monitoring point, or from a combination of the two options. 
Operators are allowed flexibility for aggregating emissions from more
than one well or gob gas vent hole, as long as emissions from all are
addressed, and the methodology for calculating total emissions is
documented.  Monitor both gas volume and methane concentration by one of
the following two options:   

(1)  Monitor emissions through the use of one or more continuous
emissions monitoring systems (CEMS).  If operators use CEMS as the basis
for emissions reporting, they must provide documentation on the process
for using data obtained from their CEMS to estimate emissions from their
mine ventilation systems.  

(2)  Collect weekly (once each calendar week, with at least three days
between measurements) or more frequent samples, for all degasification
wells and gob gas vent holes.  Determine weekly or more frequent flow
rates, methane concentration, temperature, and pressure from these
degasification wells and gob gas vent holes.  Methane composition should
be determined either by submitting samples to a lab for analysis, or
from the use of methanometers at the degasification well site.  Follow
the sampling protocols for sampling of methane emissions from
ventilation shafts, as described in §98.324(b)(1).  You must record the
date of sampling, flow, temperature, pressure, and moisture
measurements, the methane concentration (percent), the bottle number of
samples collected, and the location of the measurement or collection.  

(3)  If the CH4 concentration is determined on a dry basis and flow is
determined on a wet basis or CH4 concentration is determined on a wet
basis and flow is determined on a dry basis, and the flow meter does not
automatically correct for moisture content, determine the moisture
content in the gas in a location near or representative of the location
of:

(i)  The gas flow meter at least once each calendar week; if measuring
with CEMS.  If only one measurement is made each calendar week, there
must be at least three days between measurements; and  

(ii)  The grab sample, if using grab samples, at the time of the sample.

(d)  Monitoring must adhere to one of the methods specified in
paragraphs (d)(1) through (d)(2) of this section. 

(1)  ASTM D1945-03, Standard Test Method for Analysis of Natural Gas by
Gas Chromatography; ASTM D1946-90 (Reapproved 2006), Standard Practice
for Analysis of Reformed Gas by Gas Chromatography; ASTM D4891-89
(Reapproved 2006), Standard Test Method for Heating Value of Gases in
Natural Gas Range by Stoichiometric Combustion; or ASTM UOP539-97
Refinery Gas Analysis by Gas Chromatography (incorporated by reference,
see §98.7).

(2)  As an alternative to the gas chromatography methods provided in
paragraph (d)(1) of this section, you may use gaseous organic
concentration analyzers and a correction factor to calculate the CH4
concentration following the requirements in paragraphs (d)(2)(i) through
(d)(2)(iii) of this section.

(i)  Use Method 25A or 25B at 40 CFR part 60, appendix A-7 to determine
gaseous organic concentration as required in §98.323 and in paragraphs
(b) and (c) of this section.  You must calibrate the instrument with CH4
and determine the total gaseous organic concentration as carbon (or as
CH4; K=1 in Equation 25A-1 of Method 25A at 40 CFR part 60, appendix
A-7).

(ii)  Determine a correction factor that will be used with the gaseoue
organic concentrations measured in paragraph (i) of this section.  The
correction factor must be determined at the routine sampling location no
less frequently than once a reporting year following the requirements in
paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(C) of this section.

(A)  Take a minimum of three grab samples of the gas with a minimum of
20 minutes between samples and determine the methane composition of the
gas using one of the methods specified in paragraph (d)(1) of this
section.

(B)  As soon as practical after each grab sample is collected and prior
to the collection of a subsequent grab sample, determine the gaseous
organic concentration of the gas using either Method 25A or 25B at 40
CFR part 60, appendix A-7 as specified in paragraph (d)(2)(i) of this
section.

(C)  Determine the arithmetic average methane concentration and the
arithmetic average gaseous organic concentration of the samples analyzed
according to paragraphs (d)(2)(ii)(A) and (d)(2)(ii)(B) of this section,
respectively, and calculate the non-methane organic carbon correction
factor as the ratio of the average methane concentration to the average
total gaseous organic concentration.  If the ratio exceeds 1, use 1 for
the correction factor.

(iii)  Calculate the CH4 concentration as specified in Equation FF-9 of
this section:

	CCH4 = fNMOC x CTGOC	(Eq. FF-9)

Where:

CCH4	=	Methane (CH4) concentration in the gas (volume %) for use in
Equations FF-1 and FF-3 of this subpart.

fNMOC 	=   Correction factor from the most recent determination of the
correction factor as specified in paragraph (d)(2)(ii) of this section
(unitless).

CTGOC 	=	Gaseous organic carbon concentration measured using Method 25A
or 25B at 40 CFR part 60, appendix A-7 during routine monitoring of the
gas (volume %).

(e) 	All flow meters and gas composition monitors that are used to
provide data for the GHG emissions calculations shall be calibrated
prior to the first reporting year, using the applicable methods
specified in paragraphs (d), and (e)(1) through (e)(7) of this section. 
Alternatively, calibration procedures specified by the flow meter
manufacturer may be used. Flow meters and gas composition monitors shall
be recalibrated either at the minimum frequency specified by the
manufacturer or annually.  The operator shall operate, maintain, and
calibrate a gas composition monitor capable of measuring the
concentration of CH4 in the gas using one of the methods specified in
paragraph (d) of this section.  The operator shall operate, maintain,
and calibrate the flow meter using any of the following test methods or
follow the procedures specified bythe flow meter manufacturer.  Flow
meters must meet the accuracy requirements in §98.3(i).

*	*	*	*	*

(g)  All temperature, pressure, and moisture content monitors must be
operated and calibrated using the procedures and frequencies specified
by the manufacturer.

(h)  If applicable, the owner or operator shall document the procedures
used to ensure the accuracy of gas flow rate, gas composition,
temperature, pressure, and moisture content measurements.  These
procedures include, but are not limited to, calibration of flow meters,
and other measurement devices.  The estimated accuracy of measurements,
and the technical basis for the estimated accuracy shall be recorded.

 Section 98.325 is amended by revising the first sentence of paragraph
(b) as follows:

§98.325  Procedures for estimating missing data.

*	*	*	*	*

(b)  For each missing value of CH4 concentration, flow rate,
temperature, pressure, and moisture content for ventilation and
degasification systems, the substitute data value shall be the
arithmetic average of the quality-assured values of that parameter
immediately preceding and immediately following the missing data
incident.  *	*	 *

Section 98.326 is amended by:

a.  Revising paragraph (f).

b.  Revising paragraph (h).

c.  Revising paragraph (j).

d.  Revising paragraph (k).

e.  Revising paragraph (o).

§98.326  Data reporting requirements. 

*	*	*	*	*

(f)  Quarterly volumetric flow rate for each ventilation monitoring
point (scfm), date and location of each measurement, and method of
measurement (quarterly sampling or continuous monitoring), used in
Equation FF-1.

*	*	*	*	*

(h)  Weekly volumetric flow rate used to calculate CH4 liberated from
degasification systems (cfm) and method of measurement (sampling or
continuous monitoring), used in Equation FF-3.

*	*	*	*	*

Weekly volumetric flow rate used to calculate CH4 destruction for each
destruction device and each point of offsite transport (cfm).

(k)  Weekly CH4 concentration (%) used to calculate CH4 flow to each
destruction device and each point of offsite transport (C).

*	*	*	*	*

(o)  Temperatures (°R), pressure (atm), and moisture content used in
Eq. FF-1 and FF-3, and the gaseous organic concentration correction
factor, if Equation FF-9 was required.     

*	*	*	*	*

Subpart II—[Amended]

Section 98.350 is amended by revising the first sentence of paragraph
(b) introductory text to read as follows:

§98.350  Definition of Source Category

*	*	*	*	*

(b)  An anaerobic process is a procedure in which organic matter in
wastewater, wastewater treatment sludge, or other material is degraded
by micro-organisms in the absence of oxygen, resulting in the generation
of CO2 and CH4. *	  *	   *

*	*	*	*	*

Section 98.352 is amended by revising paragraph (d) as follows:

§98.352  GHGs to report.

*	*	*	*	*

(d)  You must report under subpart C of this part (General Stationary
Fuel Combustion Sources) the emissions of CO2, CH4, and N2O from each
stationary combustion unit associated with the biogas destruction
device, if present, by following the requirements of subpart C of this
part.  

Section 98.353 is amended by:

a.  Revising paragraph (a)(2).

b.  Revising paragraph (c) introductory text and paragraph (c)(1).

c.  Revising the definitions of “Rn”, “Tm”, and “Pm” in
Equation II-4 of paragraph (c)(1).

d.  Revising paragraph (c)(2) introductory text.

e.  Removing paragraph (c)(2)(i).

f.  Redesignating paragraphs (c)(2)(ii) and (c)(2)(iii) as paragraphs
(c)(2)(i) and (c)(2)(ii), respectively.  

g.  Revising new paragraphs (c)(2)(i) and (c)(2)(ii).

h.  Revising paragraph (d) introductory text.

i.  Revising the definition of “Rn” in Equation II-5 in paragraph
(d)(1).

j.  Revising Equation II-6 and revising the definition of “CH4En”,
“Rn”, “DE1”, and “fDest_1” in paragraph (d)(2).

§98.353  Calculating GHG emissions.

(a)  *	*	*

(2)  If you measure the concentration of organic material entering an
anaerobic reactor or anaerobic lagoon using methods for the
determination of 5-day biochemical oxygen demand (BOD5), then estimate
annual mass of CH4 generated using Equation II-2 of this section.  

*	*	*	*	*

(c)  For each anaerobic sludge digester, anaerobic reactor, or anaerobic
lagoon from which some biogas is recovered, estimate the annual mass of
CH4 recovered according to the requirements in paragraphs (c)(1) and
(c)(2) of this section.  To estimate the annual mass of CH4 recovered,
you must continuously monitor biogas flow rate and determine the volume
of biogas each week and the cumulative volume of biogas each year that
is collected and routed to a destruction device as specified in
§98.354(h).  If the gas flow meter is not equipped with automatic
correction for temperature, pressure, or, if necessary, moisture
content, you must determine these parameters as specified in paragraph
(c)(2)(ii) of this section.

(1)  If you continuously monitor CH4 concentration (and if necessary,
temperature, pressure, and moisture content required as specified in
§98.354(f)) of the biogas that is collected and routed to a destruction
device using a monitoring meter specifically for CH4 gas, as specified
in §98.354(g), you must use this monitoring system and calculate the
quantity of CH4 recovered for destruction using Equation II-4 of this
section.  A fully integrated system that directly reports CH4 quantity
requires only the summing of results of all monitoring periods for a
given year.    

*	*	*	*	*

Rn	=	Annual quantity of CH4 recovered from the nth anaerobic reactor,
sludge digester, or lagoon (metric tons CH4/yr)

*	*	*	*	*

Tm	=	Average temperature at which flow is measured for the measurement
period(°R). If the flow rate meter automatically corrects for
temperature to 520° R, replace “520° R/Tm” with “1”.

Pm	=	Average pressure at which flow is measured for the measurement
period (atm). If the flow rate meter automatically corrects for pressure
to 1 atm, replace “Pm/1” with “1”.

*	*	*	*	*

(2)  If you do not continuously monitor CH4 concentration according to
paragraph(c)(1) of this section, you must determine the CH4
concentration, temperature, pressure, and, if necessary, moisture
content of the biogas that is collected and routed to a destruction
device according to the requirements in paragraphs (c)(2)(i) through
(c)(2)(ii) of this section and calculate the quantity of CH4 recovered
for destruction using Equation II-4 of this section. 

(i)  Determine the CH4 concentration in the biogas that is collected and
routed to a destruction device in a location near or representative of
the location of the gas flow meter at least once each calendar week; if
only one measurement is made each calendar week, there must be least
three days between measurements.  For a given calendar week, you are not
required to determine CH4 concentration if the cumulative volume of
biogas for that calendar week, determined as specified in paragraph (c)
of this section, is zero.  

(ii)  If the gas flow meter is not equipped with automatic correction
for temperature, pressure, or, if necessary, moisture content: 

(A)  Determine the temperature and pressure in the biogas that is
collected and routed to a destruction device in a location near or
representative of the location of the gas flow meter at least once each
calendar week; if only one measurement is made each calendar week, there
must be at least three days between measurements. 

(B)  If the CH4 concentration is determined on a dry basis and biogas
flow is determined on a wet basis, or CH4 concentration is determined on
a wet basis and biogas flow is determined on a dry basis, and the flow
meter does not automatically correct for moisture content, determine the
moisture content in the biogas that is collected and routed to a
destruction device in a location near or representative of the location
of the gas flow meter at least once each calendar week that the
cumulative biogas flow measured as specified in §98.354(h) is greater
than zero; if only one measurement is made each calendar week, there
must be at least three days between measurements. 

(d)  For each anaerobic sludge digester, anaerobic reactor, or anaerobic
lagoon from which some quantity of biogas is recovered, you must
estimate both the annual mass of CH4 that is generated, but not
recovered, according to paragraph (d)(1) of this section and the annual
mass of CH4 emitted according to paragraph (d)(2) of this section. *	*	*

(1)	*	*	*

Rn	=	Annual quantity of CH4 recovered from the nth anaerobic reactor,
anaerobic lagoon, or anaerobic sludge digester, as calculated in
Equation II-4 of this section (metric tons CH4).

*	*	*	*	*

(2)  For each anaerobic sludge digester, anaerobic reactor, or anaerobic
lagoon from which some quantity of biogas is recovered, estimate the
annual mass of CH4 emitted using Equation II-6 of this section.

 (1− [ (DE1 ∗ fDest_1 )+ (DE2 ∗ fDest_2)])	(Eq. II-6)

Where:

CH4En	=	Annual quantity of CH4 emitted from the process n from which
biogas is recovered (metric tons).

*	*	*	*	*

Rn 	=	Annual quantity of CH4 recovered from the nth anaerobic reactor or
anaerobic sludge digester, as calculated in Equation II-4 of this
section (metric tons CH4).

DE1 	=	Primary destruction device CH4 destruction efficiency (lesser of
manufacturer’s specified destruction efficiency and 0.99).  If the
biogas is transported off-site for destruction, use DE=1.

fDest_1	=	Fraction of hours the primary destruction device was operating
(device operating hours/hours in the year).  If the biogas is
transported off-site for destruction, use fDest=1. 

*	*	*	*	*

  Section 98.354 is amended by:

a.  Revising the second sentence of paragraph (c).

b.  Revising paragraph (d) introductory text.

c.  Revising paragraph (f).

d.  Revising paragraph (g) introductory text.

e.  Revising paragraph (h) introductory text and paragraph (h)(5).

f.  Revising paragraph (k).

§98.354  Monitoring and QA/QC requirements. 

(c)  *	*	*  You must collect and analyze samples for COD or BOD5
concentration at least once each calendar week that the anaerobic
wastewater treatment process is operating; if only one measurement is
made each calendar week, there must be at least three days between
measurements.  *	*	*

(d)  You must measure the flowrate of wastewater entering anaerobic
wastewater treatment process at least once each calendar week that the
process is operating; if only one measurement is made each calendar
week, there must be at least three days between measurements.  You must
measure the flowrate for the 24-hour period for which you collect
samples analyzed for COD or BOD5 concentration.  The flow measurement
location must correspond to the location used to collect samples
analyzed for COD or BOD5 concentration.   You must measure the flowrate
using one of the methods specified in paragraphs (d)(1) through (d)(5)
of this section or as specified by the manufacturer.  

*	*	*	*	*

(f)  For each anaerobic process (such as anaerobic reactor, sludge
digester, or lagoon) from which biogas is recovered, you must make the
measurements or determinations specified in paragrahps (f)(1) through
(f)(3) of this section.

(1)  You must continuously measure the biogas flow rate as specified in
paragraph (h) of this section and determine the cumulative volume of
biogas recovered.  

(2)  You must determine the CH4 concentration of the recovered biogas as
specified in paragraph (g) of this section at a location near or
representative of the location of the gas flow meter.  You must
determine CH4 concentration either continuously or intermittently.  If
you determine the concentration intermittently, you must determine the
concentration at least once each calendar week that the cumulative
biogas flow measured as specified in paragraph (h) of this section is
greater than zero, with at least three days between measurements.  

(3)  As specified in §98.353(c) and paragraph (h) of this section, you
must determine temperature, pressure, and moisture content as necessary
to accurately determine the biogas flow rate and CH4 concentration.  You
must determine temperature and pressure if the gas flow meter or gas
composition monitor do not automatically correct for temperature or
pressure.  You must measure moisture content of the recovered biogas if
the biogas flow rate is measured on a wet basis and the CH4
concentration is measured on a dry basis.  You must also measure the
moisture content of the recovered biogas if the biogas flow rate is
measured on a dry basis and the CH4 concentration is measured on a wet
basis. 

(g)  For each anaerobic process (such as an anaerobic reactor, sludge
digester, or lagoon) from which biogas is recovered, operate, maintain,
and calibrate a gas composition monitor capable of measuring the
concentration of CH4 in the recovered biogas using one of the methods
specified in paragraphs (g)(1)through(g)(6) of this section or as
specified by the manufacturer. 

*	*	*	*	*

(h)  For each anaerobic process (such as an anaerobic reactor, sludge
digester, or lagoon) from which biogas is recovered, install, operate,
maintain, and calibrate a gas flow meter capable of continuously
measuring the volumetric flow rate of the recovered biogas using one of
the methods specified in paragraphs (h)(1) through (h)(8) of this
section or as specified by the manufacturer.  Recalibrate each gas flow
meter either biennially (every 2 years) or at the minimum frequency
specified by the manufacturer.  Except as provided in
§98.353(c)(2)(iii), each gas flow meter must be capable of correcting
for the temperature and pressure and, if necessary, moisture content.

*	*	*	*	*

(5)  ASME MFC-11M-2006 Measurement of Fluid Flow by Means of Coriolis
Mass Flowmeters (incorporated by reference, see §98.7).  The mass flow
must be corrected to volumetric flow based on the measured temperature,
pressure, and biogas composition.

*	*	*	*	*

(k)  If applicable, the owner or operator must document the procedures
used to ensure the accuracy of measurements of COD or BOD5
concentration, wastewater flow rate, biogas flow rate, biogas
composition, temperature, pressure, and moisture content.  These
procedures include, but are not limited to, calibration of gas flow
meters, and other measurement devices.  The estimated accuracy of
measurements made with these devices must also be recorded, and the
technical basis for these estimates must be documented.

Section 98.355 is amended by revising paragraph (b) to read as follows:

§98.355  Procedures for estimating missing data

*	*	*	*	*

(b)  For each missing value of the CH4 content or biogas flow rates, the
substitute data value must be the arithmetic average of the
quality-assured values of that parameter immediately preceding and
immediately following the missing data incident. 

*	*	*	*	*

Section 98.356 is amended by:

a.  Revising paragraph (a) introductory text.

b.  Revising paragraphs (b)(3) and (b)(4).

c.  Revising paragraph (d) introductory text and paragraphs (d)(2),
(d)(4), (d)(6), and (d)(8).

§98.356  Data reporting requirements. 

*	*	*	*	*

(a)  A description or diagram of the industrial wastewater treatment
system, identifying the processes used to treat industrial wastewater
and industrial wastewater treatment sludge.  Indicate how the processes
are related to each other and identify the anaerobic processes.  
Provide a unique identifier for each anaerobic process, indicate the
average depth in meters of each anaerobic lagoon, and indicate whether
biogas generated by each anaerobic process is recovered.  The anaerobic
processes must be identified as:

*	*	*	*	*

(b)  *	*	*

(3)  Maximum CH4 production potential (B0) used as an input to Equation
II-1 or II-2 of this subpart, from Table II-1. 

(4)  Methane conversion factor (MCF) used as an input to Equation II-1
or II-2 of this subpart, from Table II-1. 

*	*	*	*	*

(d)  For each anaerobic wastewater treatment process and anaerobic
sludge digester from which some biogas is recovered, you must report:

*	*	*	*	*

(2)  Total weekly volumetric biogas flow for each week (up to 52
weeks/year) that biogas is collected for destruction.

*	*	*	*	*

(4)  Weekly average biogas temperature for each week at which flow is
measured for biogas collected for destruction, or statement that
temperature is incorporated into monitoring equipment internal
calcultations.

*	*	*	*	*

(6)  Weekly average biogas pressure for each week at which flow is
measured for biogas collected for destruction, or statement that
pressure is incorporated into monitoring equipment internal
calcultations.

*	*	*	*	*

(8)  Whether destruction occurs at the facility or off-site.  If
destruction occurs at the facility, also report whether a back-up
destruction device is present at the facility, the annual operating
hours for the primary destruction device, the annual operating hours for
the back-up destruction device (if present), the destruction efficiency
for the primary destruction device, and the destruction efficiency for
the back-up destruction device (if present). 

*	*	*	*	*

Subpart OO—[Amended]

Section 98.416 is amended by removing and reserving paragraphs (a)(8)
and (a)(9) and revising paragraph (a)(10) to read as follows: 

§98.416   Data reporting requirements.

*	*	*	*	*

(a)  *	*	*

(8)  [Reserved]

(9)  [Reserved]

(10)  Mass in metric tons of any fluorinated GHG or nitrous oxide fed
into the transformation process, by process. 

*	*	*	*	*

Section 98.417 is amended by adding paragraphs (a)(3) and (a)(4) to read
as follows:

§ 98.417   Records that must be retained.

(a)	 *	*	*

(3)  Dated records of the total mass in metric tons of each reactant fed
into the F–GHG or nitrous oxide production process, by process.

(4)  Dated records of the total mass in metric tons of the reactants,
by-products, and other wastes permanently removed from the F–GHG or
nitrous oxide production process, by process. 

*	*	*	*	*

Subpart RR-[Amended]

Section 98.442 is amended by revising paragraphs (e) and (f) to read as
follows:

§98.442  GHGs to report.

*	*	*	*	*

(e)  Mass of CO2 emissions from equipment leaks and vented emissions of
CO2 from surface equipment located between the injection flow meter and
the injection wellhead.

(f)  Mass of CO2 emissions from equipment leaks and vented emissions of
CO2 from surface equipment located between the production flow meter and
the production wellhead.

*	*	*	*	*

Section 98.443 is amended by:

a.  Revising paragraph (d) introductory text.

b.  Revising paragraph (d)(3).

c.  Revising the definition of “CO2FI” and “CO2FP” in Equation
RR-11 of paragraph (f)(1).

d.  Revising the definition of “CO2FI” in Equation RR-12 of
paragraph (f)(2).

§98.443  Calculating CO2 geologic sequestration.

*	*	*	*	*

(d)  You must calculate the annual mass of CO2 produced from oil or gas
production wells or from other fluid wells for each separator that sends
a stream of gas into a recycle or end use system in accordance with the
procedures specified in paragraphs (d)(1) through (d)(3) of this
section.  You must account for any CO2 that is produced and not
processed through a separator.  You must account only for wells that
produce the CO2 that was injected into the well or wells covered by this
source category.

*	*	*	*	*

(3)  To aggregate production data, you must sum the mass of all of the
CO2 separated at each gas-liquid separator in accordance with the
procedure specified in Equation RR-9 of this section.  You must assume
that the total CO2 measured at the separator(s) represents a percentage
of the total CO2 produced.  In order to account for the percentage of
CO2 produced that is estimated to remain with the produced oil or other
fluid, you must multiply the quarterly mass of CO2 measured at the
separator(s) by a percentage estimated using a methodology in your
approved MRV plan.  If fluids containing CO2 from injection wells
covered under this source category are produced and not processed
through a gas-liquid separator, the concentration of CO2 in the produced
fluids must be measured at a flow meter located prior to reinjection or
reuse using methods in §98.444(f)(1).  The considerations you intend to
use to calculate CO2 from produced fluids for the mass balance equation
must be described in your approved MRV plan in accordance with
§98.448(d)(5).

*	*	*	*	*

(f)  *	*	*

(1)  *	*	*

CO2FI	=	Total annual CO2 mass emitted (metric tons) from equipment leaks
and vented emissions of CO2 from equipment located on the surface
between the flow meter used to measure injection quantity and the
injection wellhead, for which a calculation procedure is provided in
subpart W of this part.

CO2FP	=	Total annual CO2 mass emitted (metric tons) from equipment leaks
and vented emissions of CO2 from equipment located on the surface
between the production wellhead and the flow meter used to measure
production quantity, for which a calculation procedure is provided in
subpart W of this part.

*	*	*	*	*

	(2)  *	*	*

CO2FI	=	Total annual CO2 mass emitted (metric tons) from equipment leaks
and vented emissions of CO2 from equipment located on the surface
between the flow meter used to measure injection quantity and the
injection wellhead.

Section 98.444 is amended by revising the header of paragraph (d) to
read as follows:

§98.444  Monitoring and QA/QC requirements.

*	*	*	*	*

(d)  CO2 emissions from equipment leaks and vented emissions of CO2.  *	
   *    *

*	*	*	*	*

Section 98.445 is amended by revising paragraph (e) to read as follows:

§98.445  Procedures for estimating missing data.

*	*	*	*	*

(e)  For any values associated with CO2 emissions from equipment leaks
and vented emissions of CO2 from surface equipment at the facility that
are reported in this subpart, missing data estimation procedures should
be followed in accordance with those specified in subpart W of this
part.

*	*	*	*	*

Section 98.446 is amended by:

a.  Revising paragraph (a)(2) introductory text and (a)(3) introductory
text.

b.  Revising paragraph (e).

c.  Revising paragraph (f) introductory text.

d.  Revising paragraph (f)(1)(vii). 

e.  Revising paragraphs (f)(3) introductory text, (f)(3)(i), and
(f)(3)(ii).

§98.446  Data reporting requirements.

*	*	*	*	*

(a)	*	*	*

(2)  If a volumetric flow meter is used to receive CO2 report the
following unless you reported yes to paragraph (a)(4) of this section:

*	*	*	*	*

(3)  If a mass flow meter is used to receive CO2 report the following
unless you reported yes to paragraph (a)(4) of this section: 

*	*	*	*	*

(e)  Report the date that you began collecting data for calculating
total amount sequestered according to §98.448(a)(7) of this subpart.   

(f)  Report the following.  If the date specified in paragraph (e) of
this section is during the reporting year for this annual report, report
the following starting on the date specified in paragraph (e) of this
section.

(1)  *	*	*

(vii)  The standard used to calculate each value in paragraphs
(f)(1)(ii) through (f)(1)(iv) of this section.

*	*	*	*	*

(3)  For CO2 emissions from equipment leaks and vented emissions of CO2,
report the following: 

(i)  The mass of CO2 emitted (in metric tons) annually from equipment
leaks and vented emissions of CO2 from equipment located on the surface
between the flow meter used to measure injection quantity and the
injection wellhead.

(ii)  The mass of CO2 emitted (in metric tons) annually from equipment
leaks and vented emissions of CO2 from equipment located on the surface
between the production wellhead and the flow meter used to measure
production quantity. 

*	*	*	*	*

Section 98.447 is amended by revising paragraphs (a)(5) and (a)(6) to
read as follows:

§98.447  Records that must be retained.

(a)  *	*	*

(5)  Annual records of information used to calculate the CO2 emitted
from equipment leaks and vented emissions of CO2 from equipment located
on the surface between the flow meter used to measure injection quantity
and the injection wellhead. 

(6)  Annual records of information used to calculate the CO2 emitted
from equipment leaks and vented emissions of CO2 from equipment located
on the surface between the production wellhead and the flow meter used
to measure production quantity.

*	*	*	*	*

Section 98.448 is amended by revising paragraphs (a)(5) and (e) to read
as follows:

§98.448  Geologic sequestration monitoring, reporting, and verification
(MRV) plan. 

(a)  *	*	*

(5)  A summary of the considerations you intend to use to calculate
site-specific variables for the mass balance equation.  This includes,
but is not limited to, considerations for calculating CO2 emissions from
equipment leaks and vented emissions of CO2 between the injection flow
meter and injection well and/or the production flow meter and production
well, and considerations for calculating CO2 in produced fluids. 

*	*	*	*	*

(e)  Revised MRV plan.  The requirements of paragraph (c) of this
section apply to any submission of a revised MRV plan.  You must
continue reporting under your currently approved plan while awaiting
approval of a revised MRV plan.  

*	*	*	*	*

Section 98.449 is amended by revising the definition of “CO2
received” to read as follows:

§98.449  Definitions.

*	*	*	*	*

CO2 received means the CO2 stream that you receive to be injected for
the first time into a well on your facility that is covered by this
subpart.  CO2 received includes, but is not limited to, a CO2 stream
from a production process unit inside your facility and a CO2 stream
that was injected into a well on another facility, removed from a
discontinued enhanced oil or natural gas or other production well, and
transferred to your facility.

*	*	*	*	*

Subpart TT-[Amended]

Section 98.460 is amended by revising paragraphs (c)(1) and (c)(2)(i) to
read as follows:

§98.460  Definition of the source category.

*	*	*	*	*

(c)  *	*	*

(1)  Construction and demolition waste landfills.   

(2)	*	*	*

(i)  Coal combustion or incinerator ash (e.g., fly ash).

*	*	*	*	*

  Section 98.463 is amended by:

a.  In paragraph (a)(1), revising Equation TT-1 and revising the
definitions of “GCH4”, “DOCx”, “MCF”, and “Fx”.

b.  Revising paragraph (a)(2) introductory text.

c.  Revising paragraph (a)(2)(ii)(C).

d.  In paragraph (a)(2)(ii)(C), revising the definitions of “Wx”,
“LFC”, and “YrData” in Equation TT-4.

§98.463  Calculating GHG emissions.

(a)  *	*	*

(1)  *	*	*

 	(Eq. TT-1)

Where:

	

GCH4	=	Modeled methane generation in reporting year T (metric tons CH4).

*	*	*	*	*

DOCx 	=	Degradable organic carbon for waste disposed in year X from
Table TT-1 of this subpart or from measurement data [as specified in
paragraph (a)(3) of this section], if available [fraction (metric tons
C/metric ton waste)]. 

*	*	*	*	*

MCF 	=	Methane correction factor (fraction).  Use the default value of 1
unless there is active aeration of waste within the landfill during the
reporting year.  If there is active aeration of waste within the
landfill during the reporting year, use either the default value of 1 or
select an alternative value no less than 0.5 based on site-specific
aeration parameters.

F 	=	Fraction by volume of CH4 in landfill gas (fraction, dry basis,
corrected to 0% oxygen).  If you have a gas collection system, use the
annual average CH4 concentration from measurement data for the current
reporting year; otherwise, use the default value of 0.5. 

*	*	*	*	*

(2)  Waste stream quantities.  Determine annual waste quantities as
specified in paragraphs (a)(2)(i) through (ii) of this section for each
year starting with January 1, 1960 or the year the landfills first
accepted waste if after January 1, 1960, up until the most recent
reporting year.  The choice of method for determining waste quantities
will vary according to the availability of historical data.  Beginning
in the first emissions reporting year (2011 or later) and for each year
thereafter, use the procedures in paragraph (a)(2)(i) of this section to
determine waste stream quantities.  These procedures should also be used
for any year prior to the first emissions reporting year for which the
data are available.  For other historical years, use paragraph (a)(2)(i)
of this section, where waste disposal records are available, and use the
procedures outlined in paragraph (a)(2)(ii) of this section when waste
disposal records are unavailable, to determine waste stream quantities. 
Historical disposal quantities deposited (i.e, prior to the first year
in which monitoring begins) should only be determined once, as part of
the first annual report, and the same values should be used for all
subsequent annual reports, supplemented by the next year’s data on new
waste disposal.   

*	*	*	*	*

(ii)   *	  *	  *

(C)  For any year in which historic production or processing data are
not available such that historic waste quantities cannot be estimated
using Equation TT-3 of this section, calculate an average annual bulk
waste disposal quantity using Equation TT-4 of this section.  

*	*	*	*	*

Wx	=	Quantity of waste placed in the landfill in year X (metric tons,
wet basis).  This annual bulk waste disposal quantity applies for all
years from “YrOpen” to “YrData” inclusive.

LFC	=	Capacity of the landfill used (or the total quantity of
waste-in-place) at the end of the “YrData” from design drawings or
engineering estimates (metric tons).  For closed landfills for which
waste quantity data are not available, use the landfill’s design
capacity.

YrData	=	The year prior to the year when waste disposal data are first
available from company records or from Equation TT-3 of this section. 
For landfills for which waste quantity data are not available, the year
in which the landfill last received waste.

*	*	*	*	*

Section 98.464 is amended by:

a.  Revising paragraph (b) introductory text.

b.  Revising paragraph (b)(1).

c.  Revising paragraph (b)(3).

d.  In paragraph (b)(4), revising the first sentence, redesignating
Equation TT-8 as Equation TT-7, and revising the definition of “%
Volatile Solidsx” and “% Total Solidsx”.

e.  Redesignating paragraphs (c), (d), and (e) as paragraphs (d), (e),
and (f), respectively.

f.  Adding paragraph (c). 

g.  Adding paragraph (g).

h.  Redesignating paragraph (f) as paragraph (h). 

§98.464  Monitoring and QA/QC requirements. 

*	*	*	*	*

(b)  For each waste stream received during the reporting year for which
you choose to determine volatile solids concentration for the purposes
of §98.460(c)(2)(xii) or choose to determine a landfill-specific DOCx
for use in Equation TT-1 of this subpart, you must collect and test a
representative sample of that waste stream using the methods specified
in paragraphs (b)(1) through (b)(4) of this section.

(1)  Develop and follow a sampling plan to collect a representative
sample of each waste stream (as received at the landfill) for which
testing is elected.

*	*	*	*	*

(3)  For the purposes of §98.460(c)(2)(xii), the volatile solids
concentration (weight percent on a dry basis) is the percent volatile
solids determined using Standard Method 2540G “Total, Fixed, and
Volatile Solids in Solid and Semisolid Samples” (incorporated by
reference; see §98.7). 

(4)  Calculate the waste stream-specific DOCx value using Equation TT-7
of this section.

 	(Eq. TT-7) 

*	*	*	*	*

% Volatile Solidsx	=	Percent volatile solids determined using Standard
Method 2540G Total, “Fixed, and Volatile Solids in Solid and Semisolid
Samples” (incorporated by reference; see §98.7) for Year X
[milligrams (mg) volatile solids per 100 mg dried solids]. 

% Total Solidsx	=	Percent total solids determined using Standard Method
2540G “Total, Fixed, and Volatile Solids in Solid and Semisolid
Samples” (incorporated by reference; see §98.7) for Year X (mg dried
solids per 100 mg wet waste).

(c)  For each waste stream for which you choose to determine volatile
solids concentration for the purposes of paragraph §98.460(c)(2)(xii),
and that was historically managed in the landfill but was not received
during the first reporting year, you must determine volatile solids
concentration of the waste stream as initially placed in the landfill
using the methods specified in paragraph (c)(1) or (c)(2) of this
section, as applicable.

(1)  If you can identify a similar waste stream to the waste stream that
was historically managed in the landfill, you must determine the
volatile solids concentration of the similar waste stream using the
procedures in paragraphs (b)(1) through (b)(3) of this section.

(2)  If you cannot identify a similar waste stream to the waste stream
that was historically managed in the landfill, you may determine the
volatile solids concentration of the historically managed waste stream
using process knowledge.  You must document the basis for volatile
solids concentration as determined through process knowledge.  

(d) 	For landfills with gas collection systems, operate, maintain, and
calibrate a gas composition monitor capable of measuring the
concentration of CH4 according to the requirements specified at
§98.344(b).

(e)  For landfills with gas collection systems, install, operate,
maintain, and calibrate a gas flow meter capable of measuring the
volumetric flow rate of the recovered landfill gas according to the
requirements specified at §98.344(c).    

(f)  For landfills with gas collection systems, all temperature,
pressure, and if applicable, moisture content monitors must be
calibrated using the procedures and frequencies specified by the
manufacturer. 

(g)  For landfills electing to measure the fraction by volume of CH4 in
landfill gas (F), follow the requirements in paragraphs (g)(1) and
(g)(2) of this section. 

(1)  Use a gas composition monitor capable of measuring the
concentration of CH4 on a dry basis that is properly operated,
calibrated, and maintained according to the requirements specified at
§98.344(b).  You must either use a gas composition monitor that is also
capable of measuring the O2 concentration correcting for excess
(infiltration) air or you must operate, maintain, and calibrate a second
monitor capable of measuring the O2 concentration on a dry basis
according to the manufacturer’s specifications.  

(2)  Use Equation TT-8 of this section to correct the measured CH4
concentration to 0% oxygen.  If multiple CH4 concentration measurements
are made during the reporting year, determine F separately for each
measurement made during the reporting year, and use the results to
determine the arithmetic average value of F for use in Equation TT-1 of
this part. 		

  	(Eq. TT-8)

Where:

F	=	Fraction by volume of CH4 in landfill gas (fraction, dry basis,
corrected to 0% oxygen).

CCH4	=	Measured CH4 concentration in landfill gas (volume %, dry basis).

20.9c	=	Defined O2 correction basis, (volume %, dry basis).

20.9	=	O2 concentration in air (volume %, dry basis).

%O2	=	Measured O2 concentration in landfill gas (volume %, dry basis).

(h)  The facility shall document the procedures used to ensure the
accuracy of the estimates of disposal quantities and, if the industrial
waste landfill has a gas collection system, gas flow rate, gas
composition, temperature, pressure, and moisture content measurements. 
These procedures include, but are not limited to, calibration of
weighing equipment, fuel flow meters, and other measurement devices. 
The estimated accuracy of measurements made with these devices shall
also be recorded, and the technical basis for these estimates shall be
provided.

  Section 98.466 is amended by:

a.  Revising paragraph (b) introductory text.

b.  Revising paragraph (b)(2).

c.  Adding paragraphs (b)(3) and (b)(4).  

d.  Revising paragraph (c)(3)(ii).

e.  Revising paragraph (d).

f.  Revising paragraph (f).

g.  Revising paragraph (g)(1). 

§98.466  Data reporting requirements. 

*	*	*	*	*

(b)  Report the following waste characterization and modeling
information:

*	*	*	*	*

(2)  A description of each waste stream (including the types of
materials in each waste stream) for which Equation TT-1 of this subpart
is used to calculate modeled CH4 generation.

(3)  The fraction of CH4 in the landfill gas, F, (volume fraction, dry
basis, corrected to 0% oxygen) for the reporting year and an indication
as to whether this was the default value or a value determined through
measurement data.  

(4)  The methane correction factor (MCF) value used in the calculations.
 If an MCF value other than the default of 1 is used, provide a
description of the aeration system, including aeration blower capacity,
the fraction of the landfill containing waste affected by the aeration,
the total number of hours during the year the aeration blower was
operated, and other factors used as a basis for the selected MCF value.

(c)  *	*	*

(3)  *	*	*

(ii)  The year, the waste disposal quantity and production quantity for
each year used in Equation TT-2 of this subpart to calculate the average
waste disposal factor (WDF).

*	*	*	*	*

(d)  For each year of landfilling starting with the “Start Year” (S)
and each year thereafter up to the current reporting year, report the
following information:

(1)  The calendar year for which the following data elements apply.  

(2)  The quantity of waste (Wx) disposed of in the landfill (metric
tons, wet weight) for the specified year for each waste stream
identified in paragraph (b) of this section.

(3)  The degradable organic carbon (DOCx) value (mass fraction) for the
specified year and an indication as to whether this was the default
value from Table TT-1 of this subpart or a value determined through
sampling and calculation for each waste stream identified in paragraph
(b) of this section. 

*	*	*	*	*

(f)  The modeled annual methane generation (GCH4) for the reporting year
(metric tons CH4) calculated using Equation TT-1 of this subpart.

(g)  *	*	*

(1)  The annual methane emissions (i.e., the methane generation (MG),
adjusted for oxidation, calculated using Equation TT-6 of this subpart),
reported in metric tons CH4. 

*	*	*	*	*

Section 98.467 is amended to read as follows:

§98.467  Records that must be retained. 

In addition to the information required by §98.3(g), you must retain
the calibration records for all monitoring equipment, including the
method or manufacturer’s specification used for calibration, and all
total and volatile solids concentration measurement data used for the
purposes of paragraph §98.460(c)(2)(xii) or used to determine
landfill-specific DOCx values.   

Section 98.468 is amended by adding the definitions for “Construction
and demolition (C&D) waste landfill” and “Design capacity” to read
as follows:

§98.468  Definitions.

*	*	*	*	*

Construction and demolition (C&D) waste landfill means a solid waste
disposal facility subject to the requirements of subparts A or B of part
257 of this chapter that receives construction and demolition waste and
does not receive hazardous waste (defined in § 261.3 of this chapter)
or industrial solid waste (defined in § 258.2 of this chapter) or
municipal solid waste (defined in § 98.6 of this part) other than
residential lead-based paint waste.  A C&D waste landfill typically
receives any one or more of the following types of solid wastes:
roadwork material, excavated material, demolition waste,
construction/renovation waste, and site clearance waste.

Design capacity means the maximum amount of solid waste a landfill can
accept, as indicated in terms of volume or mass in the most recent
permit issued by the State, local, or Tribal agency responsible for
regulating the landfill, plus any in-place waste not accounted for in
the most recent permit.  If the owner or operator chooses to convert the
design capacity from volume to mass to determine its design capacity,
the calculation must include a site specific density, which must be
recalculated annually. 

*	*	*	*	*

Table TT-1 of Subpart TT is amended by revising the entries for
“Construction and Demolition” and “Inert Waste [i.e., wastes
listed in §98.460(c)(2)]” to read as follows:

Table TT-1 of Subpart TT—Default DOC and Decay Rate Values for
Industrial Waste Landfills

Industry/Waste Type	DOC (weight fraction, wet basis)	k

[dry climatea] (yr-1)	k

[moderate climatea] (yr-1)	k

[wet climatea] (yr-1)

*   *   *	*   *   *	*

Construction and Demolition	0.08	0.02	0.03	0.04

Inert Waste [i.e., wastes listed in §98.460(c)(2)]	0	0	0	0

*   *   *	*   *   *	*

a The applicable climate classification is determined based on the
annual rainfall plus the recirculated leachate application rate. 
Recirculated leachate application rate (in inches/year) is the total
volume of leachate recirculated from company records or engineering
estimates and applied to the landfill divided by the area of the portion
of the landfill containing waste [with appropriate unit conversions]. 

Dry climate = precipitation plus recirculated leachate less than
20 inches/year 

Moderate climate = precipitation plus recirculated leachate from 20 to
40 inches/year (inclusive) 

Wet climate = precipitation plus recirculated leachate greater than 40
inches/year

Alternatively, landfills that use leachate recirculation can elect to
use the k value for wet climate rather than calculating the recirculated
leachate rate.

 Consolidated Appropriations Act, 2008, Public Law 110–161, 121 Stat.
1844, 2128. 

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76 FR 14812).  The deadline extension in this proposal only applies to
the reporting of information from those source categories for which data
collection began in 2011 and for which data are to be reported in 2012. 


 Please see Response to Comment number EPA-HQ-OAR-2009-0923-1018-27 in 

Mandatory Greenhouse Gas Reporting Rule Subpart W – Petroleum and
Natural Gas: EPA's Response to Public Comments, Volume 8.  This document
can be found at
http://www.epa.gov/climatechange/emissions/downloads10/Subpart-W_RTC_par
t2.pdf

 Note that if a fluorinated GHG is produced and transformed at the same
facility, neither its production nor its transformation are required to
be reported under subpart OO.

 See Section II.B.4 of preamble to the final Subpart RR rule (75 FR
75065, December 1, 2010).

 PAGE   

  PAGE  76  of   NUMPAGES  157 

Mandatory Reporting of Greenhouse Gases:

  PAGE  79  of   NUMPAGES  157 

Mandatory reporting of Greenhouse Gases

Page   PAGE  77  of   NUMPAGES  157 

  PAGE  107  of   NUMPAGES  157 

