MEMORANDUM
Date: 		September 4, 2013
From:		Rachel Schmeltz, US EPA
Subject:	Summary of Evaluation of "Inputs to Emission Equations" Data Elements Added with the 2013 Revisions to the Greenhouse Gas Reporting Rule

The purpose of the memorandum is to document EPA's evaluation of fifteen new data elements that EPA is adding with the 2013 Revisions to the Greenhouse Gas Reporting Rule and Confidentiality Determinations for New or Substantially Revised Data Elements.  These 15 data elements are being added to the following subparts of the Greenhouse Gas Reporting Rule:
   * 1 data elements to Subpart FF (Underground Coal Mines)
   * 8 data elements to Subpart HH (Municipal Solid Waste Landfills)
   * 6 data elements to Subpart TT (Industrial Waste Landfills)

As explained in the preamble to the final rule, we assigned these 15 data elements to the "inputs to equations" data category.   In the final deferral rule (76 FR 53057) and the accompanying memorandum entitled "Process for Evaluating and Potentially Amending Part 98 Inputs to Emission Equations" (Docket ID EPA-HQ-OAR-2010-0929), EPA described a four-step evaluation process for inputs to equations, which are as follows: 
      * Step 1: Determine whether each input is already publicly available. 
      * Step 2: For inputs that are not publicly available, evaluate whether release of the information is likely to result in substantial competitive harm. 
      *  Step 3: For inputs that are likely to cause substantial competitive harm if disclosed, evaluate potential alternative calculation methods. 
      * Step 4: For inputs that are likely to cause substantial competitive harm if disclosed, evaluate potential alternative verification methods. 

A full description of the four-step evaluation process that was undertaken as well as the market structure for each of these subparts is described in the December 17, 2012 memo titled "Summary of Evaluation of Greenhouse Gas Reporting Program (GHGRP) Part 98 "Inputs to Emissions Equations" Data Elements Deferred until 2013".  

As discussed in more detail in the appendix to this memorandum, EPA found that the new inputs described in this memo are not the types of data that would allow competitors to gain competitive advantage if publicly released.  As a result, EPA did not proceed to Steps 3 and 4 of the four-step process.  


Appendix: 

Step 1: Public Availability Analysis:

EPA found that none of the data elements in this analysis are publicly available.  EPA searched the following sources:

   * Subpart FF: EPA's Coalbed Methane Outreach Program (CMOP), Mine Safety and Health Administration (MSHA)
   * Subpart HH: EPA's Landfill Methane Outreach Program (LMOP), Title V permits, Waste Business Journal, state web sites, company and municipal web sites
   * Subpart TT: National Emissions Inventory,  LMOP database, Waste Business Journal, Title V permits

Step 2: Competitive Harm Analysis
The market structure analysis  for each of these subparts is described in the December 17, 2012 memo titled "Summary of Evaluation of Greenhouse Gas Reporting Program (GHGRP) Part 98 "Inputs to Emissions Equations" Data Elements Deferred until 2013".  Based on these market structure analyses, EPA proceeded to evaluate individual data elements.

Table 1 below lists the proposed data elements evaluated for this action and the assessment related to Step 2 for each data element.  
Table 1.  Evaluation of  New Inputs to Emission Equations
Subpart
Citation
Data Element
Assessment by Data Element
FF
98.326(o)
The moisture correction factor (if applicable) used in Equation FF-1 and FF-3
Release of these data elements would not disclose any proprietary information, such as the amount or grade of coal produced, production efficiency, production costs, operating methods, or remaining coal reserves.
HH
98.346(h)
Oxidation fraction used in the calculation for methane generation for landfills without gas collection systems
These data elements would not reveal any information about landfill fees, revenues, costs, or contracts and would not reveal any details about manufacturing processes, products, or raw materials.
HH
98.346(i)(5)
If destruction occurs at the landfill facility, report for each measurement location the number of destruction devices associated with that measurement location and the annual operating hours, and the destruction efficiency (percent) for each destruction device associated with that measurement location

HH
98.346(i)(6)
Annual quantity of recovered CH4 (metric tons CH4) calculated using Equation HH - 4 of this subpart for each measurement location

HH
98.346(i)(7)
The annual operating hours of the gas collection system for each measurement location.

HH
98.346(i)(8)
Oxidation fraction used in Equation HH-5 for landfills with gas collection systems

HH
98.346(i)(10)
Oxidation fraction used in Equation HH-7 for landfills with gas collection systems

HH
98.346(i)(11)
Oxidation fraction used in Equation HH-6 for landfills with gas collection systems

HH
98.346(i)(12)
Oxidation fraction used in Equation HH-8 for landfills with gas collection systems

TT
98.466(c)(5)(i)
WIP at start of reporting year, or design capacity for closed landfills
These data elements do not provide any proprietary information about the manufacturing facility or its processes, raw materials, and production.  They also do not provide any economic information about the landfill.
TT
98.466(c)(5)(ii)
The cumulative quantity of waste placed in the landfill

TT
98.466(c)(5)(iii)
YrLast, the last year, prior to the reporting year, that the landfill received waste

TT
98.466(c)(5)(iv)
YrOpen, Year 1960 or the year in which the landfill first received waste  from company records, whichever is more recent

TT
98.466(c)(5)(v)
NYrData, the number of years for which annual waste disposal quantities are available from company records or from Equation TT-3 of this section from YrOpen to YrLast inclusive

TT
98.466(h)(2)
For landfills with gas collection systems, oxidation factor
This data element does not reveal detailed information on the composition of waste or any manufacturing process or economic data.

