MEMORANDUM
DATE:  	May 2, 2023
TO:	Docket EPA-HQ-OAR-2019-0424
FROM:  	Jennifer Bohman
--------------------------------------------------------------------------------
SUBJECT:	Proposed Confidentiality Determinations and Emission Data Designations for Data Elements in Proposed Supplemental Revisions to the Greenhouse Gas Reporting Rule
   In the rulemaking titled "Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule; Supplemental notice of proposed rulemaking," the EPA proposes revisions to the current 40 CFR part 98 requirements. These proposed revisions include changes to improve the quality and consistency of the data collected under the rule and that would inform and be relevant to the EPA's carrying out of a wide variety of Clean Air Act provisions, including reporting from additional sectors of the economy. In this notice, the EPA is also proposing confidentiality determinations or "emission data" designations for:
   
 New or substantially revised reporting requirements (i.e., the proposed change requires additional or different data to be reported) included in the proposed amendments; and
 An existing reporting requirement for which the EPA has not previously established a confidentiality determination or "emission data" designation.

   This memorandum presents each proposed "emissions data" designation and confidentiality determination. The memorandum is organized as follows:

 Table 1 includes 38 proposed "emission data" designations for new or substantially revised data elements included in the proposed amendments. The table is organized into the following emission data categories:
 Emissions;
 Facility and Unit Identifier Information;
 Calculation Methodology and Methodological Tier; and,
 Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations.
 Table 2 includes 115 proposed confidentiality determinations for new or substantially revised data elements included in the proposed amendments.
 Table 3 includes one proposed confidentiality determination for an existing data element in 40 CFR part 98 for which no determination has been previously established.

   For each proposed "emission data" designation in Table 1 and confidentiality determination in Table 2 and Table 3, we provide a listing of the subpart, a description of the reporting element, the 40 CFR part 98 rule citation, an indication of whether the data element is proposed to be revised or newly added to 40 CFR part 98, and the rationale for the proposed "emission data" designation or confidentiality determination. For the existing data element in Table 3, for which no determination has been previously established, we provide a description of the reporting element, the 40 CFR part 98 rule citation, the proposed confidentiality determination, and the rationale for the proposed confidentiality determination. 
   
   In the Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule; Supplemental notice of proposed rulemaking," the EPA is also proposing new and substantially revised reporting requirements for data elements assigned to the "Inputs to Emission Equations" data category. For data elements designated as "inputs to emission equations," the EPA maintained the two subcategories, data elements directly reported to the EPA and those entered into the electronic inputs verification tool (IVT) within e-GGRT. For a list of "inputs to emission equations" directly reported to the EPA and "inputs to emission equations" entered into IVT, see Tables 1 and 2, respectively, in the memorandum titled "Proposed Reporting Determinations for Data Elements Assigned to the Inputs to Emission Equations Data Category in Proposed Revisions to the Greenhouse Gas Reporting Rule."

Table 1. PROPOSED EMISSION DATA DESIGNATIONS FOR PROPOSED NEW AND SUBSTANTIALLY REVISED DATA ELEMENTS 
Subpart
Citation in 40 CFR Part 98
Data Element Description
New or Revised
Rationale for Designation as Emission Data
Data Elements Proposed to be Assigned to the "Emissions" Direct Emitter Data Category
C
98.36(c)(1)(xii)
When reporting using aggregation of units, if any stationary fuel combustion unit in the group is an electricity generating unit, an estimate of the group's total reported emissions attributable to electricity generation (decimal fraction). 
New
This proposed data element would require, when reporting using aggregation of units and the group includes an electricity generating unit, reporting an estimate of the group's total reported emissions attributable to electricity generation. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data."
C
98.36(c)(2)(xii)
When reporting using monitored common stack or duct configuration, if any stationary fuel combustion unit in the group is an electricity generating unit, an estimate of the group's total reported emissions attributable to electricity generation (decimal fraction). 
New
This proposed data element would require, when reporting using a monitored common stack or duct configuration that includes an electricity generating unit, reporting an estimate of the group's total reported emissions attributable to electricity generation. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data."
C
98.36(c)(3)(xii)
When reporting using the common pipe configuration, if any stationary fuel combustion unit in the group is an electricity generating unit, an estimate of the group's total reported emissions attributable to electricity generation (decimal fraction). 
New
This proposed data element would require, when reporting using a common pipe configuration that includes an electricity generating unit, reporting an estimate of the group's total reported emissions attributable to electricity generation. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data."
P
98.166(b)(2)
For each hydrogen production unit, annual CO2 emissions (metric tons). 
Revised 
This proposed data element would require reporting the annual CO2 emissions for each hydrogen production unit. This proposed revision would consolidate two existing data elements, 40 CFR 98.166(a)(1) and (b)(1) (annual CO2 emissions per hydrogen production unit if a CEMS is used and annual CO2 emissions per hydrogen production unit if no CEMS is used, respectively), into one data element 40 CFR 98.166(b)(2). As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current versions of this data element in 40 CFR 98.166(a)(1) and (b)(1) to the direct emitter data category "Emissions," which has a category-specific determination of "emission data." The EPA proposes that the proposed revision to the reported emissions value (i.e., which would broaden the scope of reporters to include non-merchant hydrogen production facilities) does not change the assignment of this data element to the direct emitter data category "Emissions." Therefore, the EPA proposes to assign the proposed revised version of this reporting element to the data category "Emissions," along with the categorical designation of "emission data."  
P
98.166(b)(2)(i)
For a hydrogen production unit, if a CEMS is used, either on a common stack for multiple hydrogen production units or on a common stack for both hydrogen production unit(s) and other sources, the estimated decimal fraction of the total annual CO2 emissions from the CEMS monitoring location attributable to the hydrogen production unit. 

New
This proposed data element would require reporting the estimated fraction of the total annual CO2 emissions from the CEMS monitoring location attributable to each hydrogen production unit. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data."
P
98.166(b)(2)(ii)
For a hydrogen production unit, if the method selected is CEMS measuring hydrogen production process emissions alone plus mass balance for calculating hydrogen production unit fuel combustion emissions (using Equations P-1 through P-3), annual CO2 emissions (metric tons) calculated for the hydrogen production unit's fuel combustion.

New
This proposed data element would require reporting the CO2 emissions calculated for each hydrogen production unit's fuel combustion, if the calculation methodology selected is CEMS for measuring process emissions plus mass balance for calculating hydrogen production unit fuel combustion emissions. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data." 
WW
98.496(c)
For each coke calcining unit, the calculated CO2 annual process emissions (metric tons). 
Revised
This proposed data element would require reporting the calculated CO2 annual process emissions for each coke calcining unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of this data element in 40 CFR 98.256(i)(3) for coke calciners co-located at petroleum refineries (i.e., annual CO2 emissions for each coke calcining unit) to the direct emitter data category "Emissions," which has a category-specific determination of "emission data." The EPA proposes that the proposed revision to the reported emissions value (i.e., which would broaden the scope of reporters beyond those co-located at petroleum refineries and currently reporting under subpart Y to include all coke calciners reporting under new subpart WW) does not change the assignment of this data element to the direct emitter data category "Emissions." Therefore, the EPA proposes to assign the proposed revised version of this reporting element to the data category "Emissions," along with the categorical designation of "emission data."  

WW
98.496(c)
For each coke calcining unit, the calculated CH4 annual process emissions (metric tons). 

Revised
This proposed data element would require reporting the calculated CH4 annual process emissions for each coke calcining unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of this data element in 40 CFR 98.256(i)(3) for coke calciners co-located at petroleum refineries (i.e., annual CH4 emissions for each coke calcining unit) to the direct emitter data category "Emissions," which has a category-specific determination of "emission data." The EPA proposes that the proposed revision to the reported emissions value (i.e., which would broaden the scope of reporters beyond those co-located at petroleum refineries and currently reporting under subpart Y to include all coke calciners reporting under new subpart WW) does not change the assignment of this data element to the direct emitter data category "Emissions." Therefore, the EPA proposes to assign the proposed revised version of this reporting element to the data category "Emissions," along with the categorical designation of "emission data."  

WW
98.496(c)
For each coke calcining unit, the calculated N2O annual process emissions (metric tons). 

Revised
This proposed data element would require reporting the calculated N2O annual process emissions for each coke calcining unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of this data element in 40 CFR 98.256(i)(3) for coke calciners co-located at petroleum refineries (i.e., annual N2O emissions for each coke calcining unit) to the direct emitter data category "Emissions," which has a category-specific determination of "emission data." The EPA proposes that the proposed revision to the reported emissions value (i.e., which would broaden the scope of reporters beyond those co-located at petroleum refineries and currently reporting under subpart Y to include all coke calciners reporting under new subpart WW) does not change the assignment of this data element to the direct emitter data category "Emissions." Therefore, the EPA proposes to assign the proposed revised version of this reporting element to the data category "Emissions," along with the categorical designation of "emission data."  

XX
98.506(g)(1)
For each calcium carbide production process unit, annual CO2 emissions (metric tons) (CEMS). 

New
This proposed data element would require reporting the annual CO2 emissions from each calcium carbide production process unit. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data." 
XX
98.506(h)(1)
For each calcium carbide production process unit, if the carbon mass balance procedure is used to determine CO2 emissions, annual process CO2 emissions (metric tons) (no CEMS). 

New
This proposed data element would require reporting the annual process CO2 emissions from each calcium carbide production process unit. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data." 
YY
98.516(b)(1)
For each caprolactam production process line, annual N2O emissions (metric tons). 

New
These proposed data elements would require reporting the annual process N2O emissions from each caprolactam, glyoxal, or glyoxylic acid production process line. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that these proposed new data elements should also be assigned to the data category "Emissions," along with the categorical designation of "emission data."  
YY
98.516(b)(2)
For each glyoxal production process line, annual N2O emissions (metric tons). 

New

YY
98.516(b)(3)
For each glyoxylic acid production process line, annual N2O emissions (metric tons). 
New

ZZ
98.526(c)(1)
For a facility containing a ceramics manufacturing process, for each ceramics process unit, if process CO2 emissions are calculated according to the procedures specified in 40 CFR 98.523(b), annual process emissions of CO2 (metric tons) (no CEMS).
New
This proposed data element would require reporting the annual process emissions of CO2 for each ceramics process unit. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data." 
ZZ
98.526(c)(1)
For all ceramics manufacturing process units combined, annual process emissions of CO2 (metric tons) (no CEMS). 
New
This proposed data element would require reporting the annual process emissions of CO2 for all ceramics manufacturing process units combined. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers all emissions reported by direct emitters under Part 98 to be "information necessary to determine the identity, amount, frequency, concentration, * * * of any emission which has been emitted by the source * * *," including emissions of each GHG at the levels required by the applicable rule subparts (e.g., facility-level; by source category; and by process, process line, or unit), and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Emissions," along with the categorical designation of "emission data." 
Data Elements Proposed to be Assigned to the "Facility and Unit Identifier Information" Direct Emitter Data Category
P
98.166(b)(1)
For each hydrogen production unit, the unit identification number.
Revised 
This proposed data element would require reporting the unit identification number for each hydrogen production unit. This proposed revision would consolidate two existing data elements, 40 CFR 98.166(a)(1) and (b)(1) (unit identification number (CEMS) and unit identification number (no CEMS), respectively) into one data element 40 CFR 98.166(b)(1). As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current versions of this data element in 40 CFR 98.166(a)(1) and (b)(1) to the direct emitter data category "Facility and Unit Identifier Information," which has a category-specific determination of "emission data." The EPA proposes that the proposed revision to the reported data element (i.e., which would broaden the scope of reporters to include non-merchant hydrogen production facilities) does not change the assignment of this data element to the direct emitter data category "Facility and Unit Identifier Information." Therefore, the EPA proposes to assign the proposed revised version of this reporting element to the data category "Facility and Unit Identifier Information," along with the categorical designation of "emission data." 
P
98.166(b)(1)(i)
For each hydrogen production unit, the type of unit (steam methane reformer (SMR) only, SMR followed by water gas shift reaction (WGS), partial oxidation (POX) only, POX followed by WGS, water electrolysis, brine electrolysis, or other).

New
This proposed data element would require reporting the type of unit for each hydrogen production unit. The "Facility and Unit Identifier Information" data category includes information needed to identify each facility and emission unit subject to reporting. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers facility and emission unit identifiers to be source information or "information necessary to determine the identity * * * of any emission which has been emitted by the source," and therefore "emission data" under 40 CFR 2.301(a)(2)(i). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Facility and Unit Identifier Information," along with the categorical designation of "emission data."  
HH
98.346(j)(6)(i)
For each gas collection system at a landfill facility, the unique name or ID number. 
New
This proposed data element would require reporting the unique name or ID for each gas collection system at a landfill facility. The "Facility and Unit Identifier Information" data category includes information needed to identify each facility and emission unit subject to reporting. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers facility and emission unit identifiers to be source information or "information necessary to determine the identity * * * of any emission which has been emitted by the source," and therefore "emission data" under 40 CFR 2.301(a)(2)(i). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Facility and Unit Identifier Information," along with the categorical designation of "emission data." 
HH
98.346(j)(6)(v)(A)
For each measurement location associated with each gas collection system at a landfill facility, the unique name or ID number for the measurement location. 

New
This proposed data element would require reporting the unique name or ID for each measurement location associated with each gas collection system at a landfill facility. The "Facility and Unit Identifier Information" data category includes information needed to identify each facility and emission unit subject to reporting. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers facility and emission unit identifiers to be source information or "information necessary to determine the identity * * * of any emission which has been emitted by the source," and therefore "emission data" under 40 CFR 2.301(a)(2)(i). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Facility and Unit Identifier Information," along with the categorical designation of "emission data." 
HH
98.346(j)(6)(v)(D)(1)
For landfills with gas collection systems, for each destruction device associated with each measurement location associated with each gas collection system (where destruction occurs in full or in part): the unique name or ID number for the destruction device. 

New
This proposed data element would require reporting the unique name or ID for each destruction device associated with each measurement location associated with each gas collection system located at a landfill facility. The "Facility and Unit Identifier Information" data category includes information needed to identify each facility and emission unit subject to reporting. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers facility and emission unit identifiers to be source information or "information necessary to determine the identity * * * of any emission which has been emitted by the source," and therefore "emission data" under 40 CFR 2.301(a)(2)(i). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Facility and Unit Identifier Information," along with the categorical designation of "emission data." 
WW
98.496(a)
For each coke calcining unit, the unit ID number. 
Revised
This proposed data element would require reporting the unit ID number for each coke calcining unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of this data element in 40 CFR 98.256(i)(1) for coke calciners co-located at petroleum refineries (i.e., unit ID number for each coke calcining unit) to the direct emitter data category "Facility and Unit Identifier Information," which has a category-specific determination of "emission data." The EPA proposes that the proposed revision to the reported data element (i.e., which would broaden the scope of reporters beyond those co-located at petroleum refineries and currently reporting under subpart Y to include all coke calciners reporting under new subpart WW) does not change the assignment of this data element to the direct emitter data category "Facility and Unit Identifier Information." Therefore, the EPA proposes to assign the proposed revised version of this reporting element to the data category "Facility and Unit Identifier Information," along with the categorical designation of "emission data."
XX
98.506(g)(2)
For each calcium carbide production process unit, the identification number of the unit (CEMS). 
New
This proposed data element would require reporting the identification number of each calcium carbide production process unit. The "Facility and Unit Identifier Information" data category includes information needed to identify each facility and emission unit subject to reporting. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers facility and emission unit identifiers to be source information or "information necessary to determine the identity * * * of any emission which has been emitted by the source," and therefore "emission data" under 40 CFR 2.301(a)(2)(i). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Facility and Unit Identifier Information," along with the categorical designation of "emission data." 
YY
98.516(a)
For each caprolactam production process line, the process line identification number. 
New
These proposed data elements would require reporting the process line identification number for each caprolactam, glyoxal, or glyoxylic acid production process line. The "Facility and Unit Identifier Information" data category includes information needed to identify each facility and emission unit subject to reporting. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers facility and emission unit identifiers to be source information or "information necessary to determine the identity * * * of any emission which has been emitted by the source," and therefore "emission data" under 40 CFR 2.301(a)(2)(i). Therefore, the EPA proposes that these proposed new data elements should also be assigned to the data category "Facility and Unit Identifier Information," along with the categorical designation of "emission data." 
YY
98.516(a)
For each glyoxal production process line, the process line identification number. 
New

YY
98.516(a)
For each glyoxylic acid production process line, the process line identification number. 
New

Data Elements Proposed to be Assigned to the "Calculation Methodology and Methodological Tier" Direct Emitter Data Category
P
98.166(b)(2)
For each hydrogen production unit, the calculation methodology for calculating annual CO2 emissions (CEMS for a single hydrogen production unit; CEMS on a common stack for multiple hydrogen production units; CEMS on a common stack with hydrogen production unit(s) and other sources; CEMS measuring only process emissions with fuel combustion emissions calculated using a material balance; material balance for both the hydrogen production unit and combustion emissions). 
New
This proposed data element would require reporting the methodology used to calculate reported annual CO2 emissions for each hydrogen production unit. As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Calculation Methodology and Methodological Tier" data category are the methodologies used by a reporting facility to calculate its annual GHG emissions under Part 98. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the method used by a direct emitter to calculate emissions to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2) because it is information necessary for the reporter to actually calculate the emissions and for the EPA and the public to verify that an appropriate method was used. The method used by a facility is important for determining whether the facility selected the appropriate equations and used appropriate inputs to the calculations. Therefore, the EPA proposes that this proposed new data element should be assigned to the data category "Calculation Methodology and Methodological Tier," along with the categorical designation of "emission data."  
HH
98.346(j)(7)(v)(A)
For landfills with gas collection systems, for each surface methane concentration measurement that exceeded 500 parts per million above background during the reporting year, a unique name or ID number. 
New
This proposed data element would require reporting the unique name or ID number for each surface methane concentration measurement that exceeded 500 parts per million above background during the reporting year for landfills with gas collection systems. As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Calculation Methodology and Methodological Tier" data category are the methodologies used by a reporting facility to calculate its annual GHG emissions under Part 98. This category also includes data elements that are used to determine the correct calculation method or to select the correct input for a GHG emission calculation. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the method used by a direct emitter to calculate emissions to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2) because it is information necessary for the reporter to actually calculate the emissions and for the EPA and the public to verify that an appropriate method was used. The method used by a facility is important for determining whether the facility selected the appropriate equations and used appropriate inputs to the calculations. Therefore, the EPA proposes that this proposed new data element should be assigned to the data category "Calculation Methodology and Methodological Tier," along with the categorical designation of "emission data." 
WW
98.496(d)
For each coke calcining unit, a description of the method used to calculate the CO2 emissions for each unit (e.g., CEMS or Equation WW-1). 
Revised
This proposed data element would require reporting a description of the method used to calculate the CO2 emissions for each coke calcining unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of this data element in 40 CFR 98.256(i)(4) for coke calciners co-located at petroleum refineries (i.e., description of the method used to calculate the CO2 emissions for each coke calcining unit) to the direct emitter data category "Calculation Methodology and Methodological Tier," which has a category-specific determination of "emission data." The EPA proposes that the proposed revision to the reported data element (i.e., which would broaden the scope of reporters beyond those co-located at petroleum refineries and currently reporting under subpart Y to include all coke calciners reporting under new subpart WW) does not change the assignment of this data element to the direct emitter data category "Calculation Methodology and Methodological Tier." Therefore, the EPA proposes to assign the proposed revised version of this reporting element to the data category "Calculation Methodology and Methodological Tier," along with the categorical designation of "emission data."  
XX
98.506(h)(2)
For each calcium carbide production process unit, if the carbon mass balance procedure is used to determine CO2 emissions, the method used for determining the carbon content for each input and output material included in the calculation of annual process CO2 emissions.
New
This proposed data element would require reporting the methodology used for the determination of carbon content for each input and output material included in the calculation using the carbon mass balance procedure of annual process CO2 emissions for each calcium carbide process unit. As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Calculation Methodology and Methodological Tier" data category are the methodologies used by a reporting facility to calculate its annual GHG emissions under Part 98. This category also includes data elements that are used to determine the correct input for a GHG emission calculation. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the method used by a direct emitter to calculate emissions to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2) because it is information necessary for the reporter to actually calculate the emissions and for the EPA and the public to verify that an appropriate method was used. The method used by a facility is important for determining whether the facility selected the appropriate equations and used appropriate inputs to the calculations. Therefore, the EPA proposes that this proposed new data element should be assigned to the data category "Calculation Methodology and Methodological Tier," along with the categorical designation of "emission data."
Data Elements Proposed to be Assigned to the "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations" Direct Emitter Data Category
N
98.146(b)(9)
For each continuous glass melting furnace, the number of times in the reporting year (months) that missing data procedures were followed to measure monthly quantities of recycled scrap glass (cullet) (no CEMS). 

New
This proposed data element would require reporting the number of times in the reporting year that missing data procedures were followed to measure monthly quantities of recycled scrap glass (cullet) for a continuous glass melting furnace. As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations" data category include information needed to indicate the overall quality and reliability of the reported GHG emissions. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the identification of data elements for which substitute values were used and the methods used to estimate substitute values to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations," along with the categorical designation of "emission data."  
XX
98.506(h)(3)
For each calcium carbide production process unit, if the carbon mass balance procedure was used to determine CO2 emissions and if missing data procedures were used, how the monthly mass of carbon-containing inputs and outputs was determined (no CEMS). 

New
This proposed data element would require reporting how the monthly mass of carbon-containing inputs and outputs was determined if carbon mass balance and missing data procedures were used for a calcium carbide production process unit. As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations" data category include information needed to indicate the overall quality and reliability of the reported GHG emissions. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the identification of data elements for which substitute values were used and the methods used to estimate substitute values to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations," along with the categorical designation of "emission data."  
XX
98.506(h)(3)
For each calcium carbide production process unit, if the carbon mass balance procedure was used to determine CO2 emissions, the number of months missing data procedures were used (no CEMS). 

New
This proposed data element would require reporting the number of months the missing data procedures were used for a calcium carbide production process unit if the carbon mass balance procedure was used to determine CO2 emissions. As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations" data category include information needed to indicate the overall quality and reliability of the reported GHG emissions. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the identification of data elements for which substitute values were used and the methods used to estimate substitute values to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations," along with the categorical designation of "emission data." 
YY
98.516(i)
For the caprolactam production facility, number of times in the reporting year (months) that missing data procedures were followed to measure production quantities of caprolactam.
New
These proposed data elements would require reporting the number of times in the reporting year that missing data procedures were followed to measure production quantities of caprolactam, glyoxal, or glyoxylic acid. As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations" data category include information needed to indicate the overall quality and reliability of the reported GHG emissions. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the identification of data elements for which substitute values were used and the methods used to estimate substitute values to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that these proposed new data elements should also be assigned to the data category "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations," along with the categorical designation of "emission data." 
YY
98.516(i)
For the glyoxal production facility, number of times in the reporting year (months) that missing data procedures were followed to measure production quantities of glyoxal.
New

YY
98.516(i)
For the glyoxylic acid production facility, number of times in the reporting year (months) that missing data procedures were followed to measure production quantities of glyoxylic acid.

New

ZZ
98.526(c)(7)
For each applicable ceramics manufacturing process unit using the missing data procedures in 40 CFR 98.525(b), number of times in the reporting year (months) that missing data procedures were followed to measure monthly quantities of carbonate-based raw materials (no CEMS).
New
This proposed data element would require reporting the number of times in the reporting year that missing data procedures were followed to measure monthly quantities of carbonate-based raw materials for a ceramics manufacturing process unit. As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations" data category include information needed to indicate the overall quality and reliability of the reported GHG emissions. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the identification of data elements for which substitute values were used and the methods used to estimate substitute values to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations," along with the categorical designation of "emission data."
ZZ
98.526(c)(7)
For each applicable ceramics manufacturing process unit using the missing data procedures in 40 CFR 98.525(b), number of times in the reporting year (months) that missing data procedures were followed to measure the monthly mass fraction of carbonate-based minerals (no CEMS).
New
This proposed data element would require reporting the number of times in the reporting year that missing data procedures were followed to measure the monthly mass fraction of carbonate-based minerals for a ceramics manufacturing process unit using the missing data procedures in 40 CFR 98.525(b). As discussed in 75 FR 39094 (July 7, 2010), data elements included in the "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations" data category include information needed to indicate the overall quality and reliability of the reported GHG emissions. As discussed in 75 FR 39094 (July 7, 2010), the EPA considers the identification of data elements for which substitute values were used and the methods used to estimate substitute values to be "information necessary to determine * * * the amount" of any emission emitted by the source, and therefore "emission data" under 40 CFR 2.301(a)(2). Therefore, the EPA proposes that this proposed new data element should also be assigned to the data category "Data Elements Reported for Periods of Missing Data that are Not Inputs to Emission Equations," along with the categorical designation of "emission data."   


Table 2. PROPOSED CONFIDENTIALITY DETERMINATIONS FOR PROPOSED NEW AND SUBSTANTIALLY REVISED DATA ELEMENTS (NOT DESIGNATED AS EMISSION DATA)
Subpart
Citation in 40 CFR Part 98
Data Element Description
New or Revised
Confidentiality Determination
Rationale for the Proposed Confidentiality Determination
A
98.3(c)(4)(iv)
Annual quantity of electricity purchased (kWh) for all applicable source categories under 40 CFR part 98 at the facility, per the requirements of subpart B of 40 CFR part 98.
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of electricity purchased for all applicable source categories under 40 CFR part 98 at the facility. Purchased electricity usage data may reveal sensitive operational information about the facility, such as operating rates and capacity utilization. Additionally, very similar information is subject to mandatory reporting under the DOE EIA's Manufacturing Energy Consumption Survey (MECS) for the subset of GHGRP facilities classified as manufacturers (i.e., NAICS code starts with "3"). The MECS data are kept confidential in accordance with Title 13 United States Code, Section 9, and not publicly released in a way that could identify the business, organization, or institution submitting the data. Due to the close similarity between the information to be collected under the GHGRP and the information collected by DOE, EPA does not believe there is any reason to treat the information differently in the context of reporting this information to the EPA under this rule. Accordingly, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment.
A
98.3(c)(4)(iv)
Annual quantity of thermal energy purchased (mmBtu) for all applicable source categories under 40 CFR part 98 at the facility, per the requirements of subpart B of 40 CFR part 98.
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of thermal energy purchased for all applicable source categories under 40 CFR part 98 at the facility. Purchased thermal energy usage data may reveal sensitive operational information about the facility, such as operating rates and capacity utilization. Additionally, very similar information is currently subject to mandatory reporting under the DOE EIA's Manufacturing Energy Consumption Survey (MECS) for the subset of GHGRP facilities classified as manufacturers (i.e., NAICS code starts with "3"). The MECS data are kept confidential in accordance with Title 13 United States Code, Section 9, and not publicly released in a way that could identify the business, organization, or institution submitting the data. Due to the close similarity between the information to be collected under the GHGRP and the information collected by DOE, EPA does not believe there is any reason to treat the information differently in the context of reporting this information to the EPA under this rule. Accordingly, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment.
B
98.26(a)
For each purchased electricity and thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the state in which each meter is located.
New
Not Eligible
This proposed data element would require reporting the state in which the meter is located, for each purchased electricity and thermal energy product meter located at a reporting facility. This data element could be readily determined based on the facility physical street address or the facility latitude and longitude, which is reported to the GHGRP (40 CFR 98.3(c)(1)) and has been determined as not being eligible for confidential treatment (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.
B
98.26(b)
For each purchased electricity and thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the locality of the meter.
New
Not Eligible
This proposed data element would require reporting the locality (county or city) of the meter, for each purchased electricity and thermal energy product meter located at a reporting facility. This data element could be readily determined based on the facility physical street address or the facility latitude and longitude, which is reported to the GHGRP (40 CFR 98.3(c)(1)) and has been determined as not being eligible for confidential treatment (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.  
B
98.26(c)
For each purchased electricity and thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the energy delivery service provider's name.
New
 Not Eligible
This proposed data element would require reporting the energy delivery service provider's name, for each purchased electricity and thermal energy product meter located at a reporting facility. The names of available electricity delivery service providers are widely available in the public domain. In many regulated electricity markets, there is only one service provider. Thermal energy suppliers typically must file permit applications and obtain construction and operating permits that include information on associated facilities. These permitting procedures may also require public proceedings and disclosure of the names of interconnected facilities. For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.
B
98.26(d)(1)
For each purchased electricity meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the zip code associated with the payment address for the provider. 
New
 Not Eligible
This proposed data element would require reporting the zip code associated with the payment address for the provider, for each purchased electricity meter located at a reporting facility. The payment addresses of available electricity delivery service providers are widely available in the public domain. In many regulated electricity markets, there is only one service provider. For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment. 
B
98.26(d)(2)
For each purchased thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the public GHGRP facility identifier of the energy supply service provider.
New
 Not Eligible
This proposed data element would require reporting the public GHGRP facility identifier of the energy supply service provider, for each purchased thermal energy product meter located at a reporting facility. The public GHGRP facility identifiers for all facilities subject to 40 CFR part 98 are readily available on publicly accessible websites operated by the EPA. For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment. 
B
98.26(d)(2)
For each purchased thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the zip code for the physical location in which the thermal energy product was produced.
New
 Not Eligible
This proposed data element would require reporting the zip code for the physical location in which the thermal energy product was produced, for each purchased thermal energy product meter located at a reporting facility. Thermal energy suppliers typically must file permit applications and obtain construction and operating permits that include information on associated facilities. These permitting procedures may also require public proceedings and disclosure of the addresses of interconnected facilities. For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.
B
98.26(e)
In states with deregulated markets where electricity billing statements have separate line items for electricity delivery services and electricity supply services, for each purchased electricity meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the electricity supply service provider's name. 
New
 Not Eligible
This proposed data element would require reporting the electricity supply service provider's name, for each purchased electricity meter located at a reporting facility in states with deregulated markets where electricity billing statements have separate line items for electricity delivery services and electricity supply services. The names of available electricity supply service providers are widely available in the public domain. For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment. 
B
98.26(f)
For each purchased electricity and thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the meter number. 
New
 Not Eligible
This proposed data element would require reporting the meter number for each purchased electricity and thermal energy product meter located at a reporting facility. The meter number is an administrative identifier used to log meter readings into a database. This identifier is valuable for differentiating meter-specific data at sites with multiple meters but is not anticipated to convey useful information when viewed separately from usage data (which the EPA proposes to be eligible for confidential treatment in this document).  EPA does not anticipate that this information would be provide insight into facility processes or operation.  Accordingly, EPA does not anticipate that facilities keep this information private or secure. For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment. 
B
98.26(g)
For each purchased electricity and thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the annual sequence of the bill (e.g., 1 to 12 for monthly billing cycles).
New
 Not Eligible
This proposed data element would require reporting the annual sequence of the bill, for each purchased electricity and thermal energy product meter located at a reporting facility. The annual sequence number is an administrative identifier used to log meter readings into a billing database chronologically. This identifier is valuable for characterizing the seasonality of readings but is not anticipated to convey  useful information when viewed separately from usage data (which the EPA proposes to determine are eligible for confidential treatment). For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.
B
98.26(h)
For each purchased electricity and thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the start date(s) of the period(s) billed. 
New
 Not Eligible
This proposed data element would require reporting the start date(s) of the period(s) billed, for each purchased electricity and thermal energy product meter located at a reporting facility. The dates corresponding to meter readings are chronological records used to log meter readings into a database. These dates are valuable for characterizing the seasonality of readings and for comparing usage by month from year to year, but these dates are not anticipated to convey useful information when viewed separately from usage data (which the EPA proposes to be eligible for confidential treatment in this document). For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.
B
98.26(i)
For each purchased electricity and thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the end date(s) of period(s) billed. 
New
 Not Eligible
This proposed data element would require reporting the end date(s) of period(s) billed, for each purchased electricity and thermal energy product meter located at a reporting facility. The dates corresponding to meter readings are chronological records used to log meter readings into a billing database. These dates are valuable for characterizing the seasonality of readings and for comparing usage by month from year to year, but these dates are not anticipated to convey useful information when viewed separately from usage data (which the EPA proposes to be eligible for confidential treatment in this document). For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.
B
98.26(j)(1)
For each purchased electricity meter located at a facility that meets the applicability provisions under 40 CFR 98.20, for each periodic billing statement received during the reporting year, quantity of purchased electricity used (kWh) (excluding quantities specified in 40 CFR 98.26(j)(4)). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the quantity of purchased electricity used for each periodic billing statement received from an electricity supply service provider during the reporting year, for each purchased electricity meter located at a reporting facility. Purchased electricity data may reveal sensitive operational information about the facility, such as operating rates and capacity utilization. Additionally, very similar information is currently subject to mandatory reporting under the DOE EIA's Manufacturing Energy Consumption Survey (MECS) for the subset of GHGRP facilities classified as manufacturers (i.e., NAICS code starts with "3"). The MECS data are kept confidential in accordance with Title 13 United States Code, Section 9, and not publicly released in a way that could identify the business, organization, or institution submitting the data. Due to the close similarity between the information to be collected under the GHGRP and the information collected by DOE, EPA does not believe there is any reason to treat the information differently in the context of reporting this information to the EPA under this rule. Accordingly, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment.
B
98.26(j)(2)
For each purchased thermal energy product meter located at a facility that meets the applicability provisions under 40 CFR 98.20, for each periodic billing statement received during the reporting year, the quantity of thermal energy products purchased (mmBtu) (excluding quantities specified in 40 CFR 98.26(j)(4)).
New
Eligible for Confidential Treatment
This proposed data element would require reporting the quantity of thermal energy products purchased for each periodic billing statement received from an energy supply service provider during the reporting year, for each purchased thermal energy product meter located at a reporting facility. Purchased thermal energy usage data may reveal sensitive operational information about the facility, such as operating rates and capacity utilization. Additionally, very similar information is currently subject to mandatory reporting under the DOE EIA's Manufacturing Energy Consumption Survey (MECS) for the subset of GHGRP facilities classified as manufacturers (i.e., NAICS code starts with "3"). The MECS data are kept confidential in accordance with Title 13 United States Code, Section 9, and not publicly released in a way that could identify the business, organization, or institution submitting the data. Due to the close similarity between the information to be collected under the GHGRP and the information collected by DOE, EPA does not believe there is any reason to treat the information differently in the context of reporting this information to the EPA under this rule. Accordingly, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the data element would be eligible for confidential treatment.
B
98.26(k)
For each purchased electricity meter located at a facility that meets the applicability provisions under 40 CFR 98.20, the rate descriptor for each electricity billing statement.
New
Eligible for Confidential Treatment
This proposed data element would require reporting the rate descriptor for each electricity billing statement, for each purchased electricity meter located at a reporting facility. The rate descriptors on billing statements can indicate the price being paid for service, the type of service being delivered, and if the consumer is being rewarded for shifting loads to off-peak hours. These codes are valuable for characterizing daily and weekly usage patterns and may reveal sensitive operational information about the facility, such as operating costs, electric loads, and time of use.  As such, EPA anticipates that facilities keep this data secure and do not customarily release it. For these reasons, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
B
98.26(l)
For facilities that meet the applicability provisions under 40 CFR 98.20 for multiple direct emitting 40 CFR part 98 subparts, for the quantities reported under 40 CFR 98.26(j) for purchased electricity or thermal energy products, the decimal fraction of purchased electricity or thermal energy products attributable to each subpart. 
New
Eligible for Confidential Treatment

This proposed data element would require reporting the decimal fraction of purchased electricity or thermal energy products attributable to each subpart for the quantities reported under 40 CFR 98.26(j) for reporting facilities. These fractions are valuable for partitioning reported energy usage across the major GHG emitting activities at facilities, and these fractions can reveal sensitive data on the profiles and interrelationships of energy usage across facilities with several major industrial processes. As such, EPA anticipates that facilities keep this data secure and do not customarily release it. For these reasons, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
B
98.26(m)
Electronic copy of all pages of one billing statement per energy delivery service provider of purchased electricity or thermal energy products.
New
Eligible for Confidential Treatment
This proposed data element would require reporting an electronic copy of all pages of one billing statement received by the facility from each energy delivery service provider of purchased electricity or thermal energy products. A copy of one typical billing statement is valuable for verification of reported data and units of measure. Some information on energy billing statements at manufacturing facilities, such as purchased electricity, purchased thermal energy, and the rate descriptor, are proposed to be eligible for confidential treatment because the data may reveal sensitive operational information. Additionally, some of the information on energy billing statements is currently subject to mandatory reporting under the DOE EIA's Manufacturing Energy Consumption Survey (MECS) for the subset of GHGRP facilities classified as manufacturers (i.e., NAICS code starts with "3"). The MECS data are kept confidential in accordance with Title 13 United States Code, Section 9, and not publicly released in a way that could identify the business, organization, or institution submitting the data. Due to the very close similarity between the information to be collected under the GHGRP and the information collected by DOE, EPA does not believe there is any reason to treat the information differently in the context of reporting this information to the EPA under this rule. Accordingly, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the information would be eligible for confidential treatment.
C
98.36(b)(12)
When reporting using Tier 1, Tier 2, Tier 3, or Tier 4 methodology in 40 CFR 98.33(a) to calculate CO2 emissions, excluding aggregation of units, monitored common stack or duct configurations, and common pipe configurations, an indication of whether the stationary fuel combustion unit is an electricity generating unit. 
New
Not Eligible
This proposed data element would require reporting an indication of whether the stationary fuel combustion unit is an electricity generating unit for facilities reporting using Tier 1, Tier 2, Tier 3, or Tier 4 methodology in 40 CFR 98.33(a) to calculate CO2 emissions. This data element is similar to the type of data reported under 40 CFR 98.3(c)(4)(v) for general reporting requirements (an indication of whether reported emissions include emissions from a cogeneration unit located at the facility), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.
C
98.36(c)(1)(xii)
When reporting using aggregation of units, an indication of whether any stationary fuel combustion unit in the group is an electricity generating unit. 
New
Not Eligible
This proposed data element would require reporting an indication of whether any stationary fuel combustion unit in the group is an electricity generating unit for facilities reporting using aggregation of units. This data element is similar to the type of data reported under 40 CFR 98.3(c)(4)(v) for general reporting requirements (an indication of whether reported emissions include emissions from a cogeneration unit located at the facility), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.
C
98.36(c)(2)(xii)
When reporting using monitored common stack or duct configuration, an indication of whether any stationary fuel combustion unit in the group is an electricity generating unit. 
New
Not Eligible
This proposed data element would require reporting an indication of whether any stationary fuel combustion unit in the group is an electricity generating unit for facilities reporting using monitored common stack or duct configuration. This data element is similar to the type of data reported under 40 CFR 98.3(c)(4)(v) for general reporting requirements (an indication of whether reported emissions include emissions from a cogeneration unit located at the facility), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes  that the data element would not be eligible for confidential treatment.
C
98.36(c)(3)(xii)
When reporting using the common pipe configuration, an indication of whether any stationary fuel combustion unit in the group is an electricity generating unit. 
New
Not Eligible
This proposed data element would require reporting an indication of whether any stationary fuel combustion unit in the group is an electricity generating unit for facilities reporting using the common pipe configuration. This data element is similar to the type of data reported under 40 CFR 98.3(c)(4)(v) for general reporting requirements (an indication of whether reported emissions include emissions from a cogeneration unit located at the facility), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment. 
F
98.66(a)
Annual aluminum production capacity of the facility (tons). 
New
Not Eligible
This proposed data element would require reporting the annual aluminum production capacity at the facility level. The capacity of aluminum production facilities is frequently available in the public domain, including in permit applications and construction and operating permits that include information on the associated facilities, as well as in data published in US Geologic Survey (USGS) Mineral Commodity Summaries. For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
F
98.66(g)
Annual operating days for each potline. 
New
Not Eligible
This proposed data element would require reporting the annual operating days per potline. This data element is similar to the type of data in 40 CFR 98. 36(e)(2)(vi)(A)  for stationary combustion (for Tier 4: the total number of source operating hours in the reporting year), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.
G
98.76(b)(16)
For each ammonia manufacturing unit, annual quantity of excess hydrogen produced (metric tons) that is not consumed through the production of ammonia (no CEMS). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of excess hydrogen produced that is not consumed through the production of ammonia for each ammonia manufacturing unit. This data element is similar to the type of data in 40 CFR 98.146(a)(2) for glass production (annual quantity of glass produced by each glass melting furnace (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
N
98.146(a)(3) 
Annual quantity (tons), by glass type, of recycled scrap glass (cullet) charged to each glass melting furnace (CEMS).
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity, by glass type, of recycled scrap glass charged to each glass melting furnace. This data element is similar to the type of data in 40 CFR 98.146(a)(1) for glass production (annual quantity of each carbonate based-raw material charged to each continuous glass melting furnace (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the information would be eligible for confidential treatment.
N
98.146(a)(3)
Annual quantity (tons), by glass type, of recycled scrap glass (cullet) charged to all glass melting furnaces combined (CEMS). 

New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity, by glass type, of recycled scrap glass charged to all glass melting furnaces combined at a glass production facility. This data element is similar to the type of data in 40 CFR 98.146(b)(2) for glass production (annual quantity of carbonate based-raw material charged to all furnaces combined (no CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
N
98.146(b)(4)
Annual quantity (tons), by glass type, of recycled scrap glass (cullet) charged to each glass melting furnace (no CEMS). 

New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity, by glass type, of recycled scrap glass charged to each glass melting furnace. This data element is similar to the type of data in 40 CFR 98.146(a)(1) for glass production (annual quantity of each carbonate based-raw material charged to each continuous glass melting furnace (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the information would be eligible for confidential treatment.
N
98.146(b)(4)
Annual quantity (tons), by glass type, of recycled scrap glass (cullet) charged to all glass melting furnaces combined (no CEMS). 

New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity, by glass type, of recycled scrap glass charged to all glass melting furnaces combined at a glass production facility. This data element is similar to the type of data in 40 CFR 98.146(b)(2) for glass production (annual quantity of carbonate based-raw material charged to all furnaces combined (no CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
P
98.166(a)
If a CEMS is used to measure CO2 emissions for a hydrogen production unit, for each CEMS monitoring location, the relevant information required under 40 CFR 98.36 for the Tier 4 Calculation Methodology (CEMS). 
Revised
This proposed data element is not assigned a confidentiality determination because the data element refers to an existing reporting requirement specified in a different subpart; this existing reporting requirement was previously assigned a confidentiality determination under that subpart in a previous rulemaking.

P
98.166(b)(1)(ii)
For each hydrogen production unit, the type of hydrogen purification method (pressure swing adsorption, amine adsorption, membrane separation, other, none).
New
Not Eligible
This proposed data element would require reporting the type of hydrogen purification method for each hydrogen production unit. This data element is similar to the type of data reported under 40 CFR 98.256(h)(2) for petroleum refineries (for each on-site sulfur recovery plant, a description of the type of sulfur recovery plant), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that data element would not be eligible for confidential treatment. 
P
98.166(b)(3)(i)
The following quantity of hydrogen exiting each hydrogen production unit: annual quantity of hydrogen produced by reforming, gasification, oxidation, reaction, or other transformation of feedstocks (metric tons). 
Revised
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of hydrogen exiting the hydrogen production unit that is produced by reforming, gasification, oxidation, reaction, or other transformation of feedstocks. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of 40 CFR 98.166(a)(2) a confidentiality determination of CBI because the EPA concluded that the data element would disclose information that is considered proprietary by this industry. The EPA proposes that the proposed revision to 40 CFR 98.166(a)(2), which would broaden the scope of reporters to include non-merchant hydrogen production facilities, would not change the EPA's previous determination. The EPA has no reason to believe that non-merchant hydrogen production facilities would treat their data differently than merchant hydrogen production facilities. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. For these reasons, the EPA has determined that this proposed revised data element is customarily and actually treated as confidential; therefore, the EPA proposes   that the data element would be eligible for confidential treatment.
P
98.166(b)(3)(ii)
The following quantity of hydrogen exiting each hydrogen production unit: annual quantity of hydrogen that is purified only (metric tons). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of hydrogen that is exiting each hydrogen process unit and purified. This data element is similar to the type of data in 40 CFR 98.166(a)(2) for hydrogen production (annual quantity of hydrogen produced for each process unit), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
P
98.166(b)(4)
For each hydrogen production unit, annual quantity of ammonia intentionally produced as a desired product, if applicable (metric tons).
Revised
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of ammonia intentionally produced as a desired product for each hydrogen production unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of 40 CFR 98.166(a)(3) a confidentiality determination of CBI because the EPA concluded that the data element would disclose information that is considered proprietary by this industry. The EPA is proposing that the proposed revision to 40 CFR 98.166(a)(3), which would broaden the scope of reporters to include non-merchant hydrogen production facilities, would not change the EPA's previous determination. The EPA has no reason to believe that non-merchant hydrogen production facilities would treat their data differently than merchant hydrogen production facilities. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. For these reasons, the EPA has determined that this proposed revised data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
P
98.166(b)(5)
For each hydrogen production unit for which a material balance calculation method is used, name and annual quantity (metric tons) of each carbon-containing fuel and feedstock (no CEMS). 
Revised
Eligible for Confidential Treatment
This proposed data element would require reporting the name and annual quantity of each carbon-containing fuel and feedstock for each hydrogen production unit for which a material balance calculation method is used. As documented in the October 24, 2014, final rule (79 FR 63750), the EPA assigned the current version of this data element in 40 CFR 98.166(b)(7) a confidentiality determination of CBI because the EPA concluded that the data element would disclose information that is considered proprietary by this industry. The EPA proposes that the proposed revision to 40 CFR 98.166(b)(7), which would broaden the scope of reporters to include non-merchant hydrogen production facilities, would not change the EPA's previous determination. The EPA has no reason to believe that non-merchant hydrogen production facilities would treat their data differently than merchant hydrogen production facilities. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. For these reasons, the EPA has determined that this proposed revised data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
P
98.166(b)(6)
For each hydrogen production unit, quantity of CO2 collected and transferred off site in either gas, liquid, or solid forms, following the requirements of 40 CFR 98.426.
Revised
This proposed data element is not assigned a confidentiality determination because the data element refers to an existing reporting requirement specified in a different subpart; this existing reporting requirement was previously assigned a confidentiality determination under that subpart in a previous rulemaking. Note that the existing reporting requirement in 40 CFR 98.426 includes two subcategories of industries associated with subpart PP, each assigned a different confidentiality determination; the confidentiality determination that applies to proposed 40 CFR 98.166(b)(6) is the determination for the subpart PP industry described as "industrial CO2 production facilities and importers/exporters."
P
98.166(b)(7)
For each hydrogen production unit, annual quantity of carbon other than CO2 or methanol collected and transferred off site in either gas, liquid, or solid forms (metric tons carbon). 
Revised
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of carbon other than CO2 or methanol collected and transferred off site in either gas, liquid, or solid forms for each hydrogen production unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of this data element in 40 CFR 98.166(d) a confidentiality determination of CBI because the EPA concluded that the data element would disclose information that is considered proprietary by this industry. The EPA proposes that the proposed revision to 40 CFR 98.166(d), which would broaden the scope of reporters to include non-merchant hydrogen production facilities and change the reporting level from facility to unit, would not change the EPA's previous determination. Reporting the annual quantity of carbon other than CO2 or methanol collected and transferred off site for each hydrogen production unit reveals the same type of information as reporting this quantity for the facility. Also, the EPA has no reason to believe that non-merchant hydrogen production facilities would treat their data differently than merchant hydrogen production facilities. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. For these reasons, the EPA has determined that this proposed revised data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
P
98.166(b)(8)
For each hydrogen production unit, annual quantity of methanol intentionally produced as a desired product, if applicable, (metric tons). 
Revised
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of methanol intentionally produced as a desired product for each hydrogen production unit. As documented in the October 24, 2014, final rule (79 FR 63750), the EPA assigned the current version of this data element in 40 CFR 98.166(e) a confidentiality determination of CBI because the EPA concluded that the data element would disclose information that is considered proprietary by this industry. The EPA proposes that the proposed revision to 40 CFR 98.166(e), which would broaden the scope of reporters to include non-merchant hydrogen production facilities, would not change the EPA's previous determination. The EPA has no reason to believe that non-merchant hydrogen production facilities would treat their data differently than merchant hydrogen production facilities. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. For these reasons, the EPA has determined that this proposed revised data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the information would be eligible for confidential treatment.
P
98.166(b)(9)
For each hydrogen production unit, annual net quantity of steam consumed (metric tons), including steam purchased or produced outside of the hydrogen production unit.
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual net quantity of steam consumed for each hydrogen production unit. This data element is similar to the type of data in 40 CFR 98.166(b)(7) for hydrogen production (name and annual quantity of each carbon-containing fuel and feedstock), for which we previously assigned a determination of CBI (79 FR 63750, October 24, 2014). Although the EPA has proposed to revise 40 CFR 98.166(b)(7), the previously assigned confidentiality determination of eligible for confidential treatment remains the same. For these reasons, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
Y
98.256(j)(2)
For asphalt blowing operations at petroleum refineries, the maximum rated throughput of each asphalt blowing unit (metric tons asphalt/stream day). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the maximum rated throughput of each asphalt blowing unit at a petroleum refinery. This data element is similar to the type of data in 40 CFR 98.256(k)(2) for petroleum refineries (for each delayed coking unit, maximum rated throughput of the unit), for which we previously assigned a determination of CBI (81 FR 89188, December 9, 2016; CBI Memo September 12, 2016). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes t that the information would be eligible for confidential treatment.
HH
98.346(h)
For each landfill, an indication of the applicability of 40 CFR part 60 or part 62 requirements to the landfill (40 CFR part 60, subpart WWW, 40 CFR part 60, subpart XXX, approved state plan implementing 40 CFR part 60, subparts Cc or Cf, federal plan as implemented at 40 CFR part 62, subparts GGG or OOO, or not subject to 40 CFR part 60 or part 62 municipal solid waste landfill rules).
New
Not Eligible
This proposed data element would require reporting an indication of the applicability of 40 CFR part 60 or part 62 requirements to each landfill. This data element is similar to the type of data reported under 40 CFR 98.126(f)(4) for fluorinated gas production (name of all applicable Federal or State regulations that may apply to the destruction process), for which we previously assigned a determination of Not CBI (79 FR 73750, December 11, 2014). For this reason, the EPA has determined that this data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
HH
98.346(h)
For each landfill subject to a 40 CFR part 60 or part 62 municipal solid waste landfill rule, an indication of whether the landfill exceeds the applicable nonmethane organic carbon emission rates requiring landfill gas collection. 
New
Not Eligible
This proposed data element would require reporting an indication of whether the landfill exceeds the applicable nonmethane organic carbon emission rates from the 40 CFR part 60 or part 62 requirements for each landfill. This data element is similar to the type of data reported under 40 CFR 98.126(f)(4) for fluorinated gas production (name of all applicable Federal or State regulations that may apply to the destruction process), for which we previously assigned a determination of Not CBI (79 FR 73750, December 11, 2014). For this reason, the EPA has determined that this data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
HH
98.346(j)(6)(v)(C)
For each measurement location associated with each gas collection system at a landfill facility, an indication of whether destruction occurs at the landfill facility, off-site, or both for the measurement location. 
Revised
Not Eligible
This proposed data element would require reporting an indication of whether destruction occurs at the landfill facility, off-site, or both for each measurement location associated with each gas collection system. As documented in the April 29, 2011, memorandum, the May 26, 2011, final rule (76 FR 30782), and the November 29, 2013, final rule (78 FR 71904), the EPA assigned the current version of 40 CFR 98.346(i)(5) a confidentiality determination of Not CBI because the EPA concluded that the data element would not disclose information that is considered proprietary by this industry. This proposed revision to 40 CFR 98.346(i)(5), which changes reporting from the facility level to each measurement location associated with each gas collection system, would not change the EPA's previous determination. Reporting an indication of whether destruction occurs at the landfill facility, off-site, or both for the entire facility reveals the same type of information as reporting an indication of whether destruction occurs at the landfill facility, off-site, or both for each measurement location. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. For these reasons, the EPA has determined that this proposed revised data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
HH
98.346(j)(6)(v)(D)(2)
For landfills with gas collection systems, for each destruction device associated with each measurement location associated with each gas collection system (where destruction occurs in full or in part): the type of destruction device (flare, landfill gas to energy project, off-site, or other). 
New
Not Eligible
This proposed data element would require reporting the type of destruction device for each destruction device associated with each measurement location associated with each gas collection system where destruction occurs for landfills with gas collection systems. This data element is similar to the type of data in 40 CFR 98.326(p) for underground coal mines (description of each destruction device, including an indication of whether the destruction occurs at the coal mine site or off-site), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). In addition, in the December 17, 2012, memorandum "Summary of Evaluation of Greenhouse Gas Reporting Program (GHGRP) Part 98 "Inputs to
Emission Equations" Data Elements Deferred Until 2013," the EPA found that MSW landfill data are widely available and not viewed as proprietary. For these reasons, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
HH
98.346(j)(6)(v)(D)(4)
For landfills with gas collection systems, for each destruction device associated with each measurement location associated with each gas collection system (where destruction occurs in full or in part): the total annual hours where active gas flow was sent to the destruction device. 
New
Not Eligible
This proposed data element would require reporting the total annual hours where active gas flow was sent to each destruction device for each measurement location associated with each gas collection system where destruction occurs. This data element is similar to the type of data in 40 CFR 98.346(i)(5)(iii)(B) for municipal solid waste landfills (annual operating hours where active gas flow was sent to the destruction device for each measurement location), for which we previously assigned a determination of Not CBI (81 FR 89188, December 9, 2016; CBI and Inputs Memo, September 12, 2016). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
HH
98.346(j)(6)(v)(D)(5)
For landfills with gas collection systems, for each destruction device associated with each measurement location associated with each gas collection system (where destruction occurs in full or in part): annual operating hours where active gas flow was sent to the destruction device, and the destruction device was operating at its intended temperature or other parameter indicative of effective operation.
Revised
Not Eligible
This proposed data element would require reporting, for each destruction device, the annual operating hours where active gas flow was sent to the destruction device, and the destruction device was operating at its intended temperature or other parameter indicative of effective operation. As documented in the December 9, 2016, final rule (81 FR 89188) and the September 12, 2016, memorandum, the EPA assigned the current version of this data element in 40 CFR 98.346(i)(5)(iii)(B) a confidentiality determination of Not CBI because the EPA concluded that the data element would not disclose information that is considered proprietary by this industry. The proposed revision to 40 CFR 98.346(i)(5)(iii)(B), which clarifies that the annual operating hours where active gas flow was sent to the destruction device excludes periods of destruction device shut down or poor operation, would not change the EPA's previous determination. Reporting annual operating hours where active gas flow was sent to the destruction device for periods of normal destruction device operation reveals the same type of information as reporting the annual operating hours where active gas flow was sent to the destruction device. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. For these reasons, the EPA has determined that the proposed revised data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.
HH
98.346(j)(6)(v)(D)(6)
For landfills with gas collection systems, for each destruction device associated with each measurement location associated with each gas collection system (where destruction occurs in full or in part): the estimated fraction of the recovered CH4 reported for the measurement location directed to the destruction device based on best available data or engineering judgement.
New
Not Eligible
This proposed data element would require reporting the estimated fraction of recovered CH4 reported for each measurement location associated with a gas collection system that is directed to a destruction device. This data element is similar to the type of data reported under 40 CFR 98.346(i)(1) (annual volumetric flow of landfill gas collected for destruction), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.    
HH
98.346(j)(7)(iv)
For landfills with gas collection systems, an indication of whether surface methane concentration measurements were made at the landfill during the reporting year. 
New
Not Eligible
This proposed data element would require reporting an indication of whether surface methane concentration measurements were made at the landfill during the reporting year. This data element is similar to the type of data reported under 40 CFR 98.346(e) (indication of whether the fraction of CH4 was determined based on measured values or the default value), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
HH
98.346(j)(7)(iv)
For landfills with gas collection systems for which surface methane concentration measurements were indicated as having been made during the reporting year, the frequency of routine surface methane concentration measurements (annual, semiannual, quarterly, bimonthly, monthly, or varied during the reporting year).
New
Not Eligible
This proposed data element would require reporting the frequency of routine surface methane concentration measurements during the reporting year for landfills with gas collection systems for which surface methane concentration measurements were indicated as having been made during the reporting year. This data element is similar to the type of data reported under 40 CFR 98.36(e)(2)(iv)(B) for stationary combustion (for Tier 3: frequency of carbon content determinations), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.  
HH
98.346(j)(7)(v)(B)
For landfills with gas collection systems, for each surface methane concentration measurement that exceeded 500 parts per million above background during the reporting year, the date of the measurement. 
New
Not Eligible
This proposed data element would require reporting the date of each surface methane concentration measurement that exceeded 500 parts per million above background during the reporting year for landfills with gas collection systems. This data element is similar to the type of data reported under 40 CFR 98.236(o)(3)(i)(B) for petroleum and natural gas systems (if the measurement methods specified in paragraphs 40 CFR 98.233(o)(2) or (o)(4) are conducted, then for each as found measurement performed on a leak or vent, report the measurement date), for which we previously assigned a determination of Not CBI (79 FR 70351, November 25, 2014; CBI Memo, November 10, 2014). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.
OO
98.416(c)(11)
At the corporate level, for each bulk importer of fluorinated GHGs, fluorinated HTFs, or nitrous oxide (that are not regulated substances under 40 CFR part 84 (Phasedown of Hydrofluorocarbons)), except importers may exclude shipments less than 25 kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous oxide, transshipments (if the importer also excludes transshipments from reporting of exports under 40 CFR 98.416(d)), and heels that meet the conditions set forth at 40 CFR 98.417(e) (if the importer also excludes heels from any reporting of exports under 40 CFR 98.416 (d)): for each reported import, a copy of the corresponding U.S. Customs entry form. 
New
Eligible for Confidential Treatment
This proposed data element would require bulk importers of fluorinated GHGs, fluorinated HTFs, or nitrous oxide to report a copy of the corresponding U.S. Customs entry form for each reported import. Some of the data included in the U.S. Customs entry form are currently collected under the GHGRP and are eligible for confidential treatment (e.g., for 40 CFR 98.416(c)(1), total mass of nitrous oxide and each fluorinated GHG imported in bulk by importers of industrial GHGs, we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011)). For these reasons, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
OO
98.416(k)
For each nitrous oxide, saturated perfluorocarbon, sulfur hexafluoride, and fluorinated heat transfer fluid (HTF), the end use(s) for which each GHG or fluorinated HTF is transferred.
New
Eligible for Confidential Treatment
This proposed data element would require reporting the end use(s) for which each GHG or fluorinated HTF transferred. This data element is similar to the type of data reported under 40 CFR 98.426(f) for suppliers of carbon dioxide (aggregated annual quantity of CO2 in metric tons that is transferred to each end use application), for which the EPA previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
OO
98.416(k)
For industrial gas suppliers: for each reported end use for which nitrous oxide, saturated perfluorocarbon, sulfur hexafluoride, and fluorinated HTFs is transferred, the aggregated annual quantity of the GHG or fluorinated HTF (metric tons) that is transferred to the reported end use application.
New
Eligible for Confidential Treatment
This proposed data element would require reporting the aggregated annual quantity of the GHG or fluorinated HTF that is transferred to each reported end use application. This data element is similar to the type of data reported under 40 CFR 98.426(f) for suppliers of carbon dioxide (aggregated annual quantity of CO2 in metric tons that is transferred to each end use application), for which the EPA previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
PP
98.426(f)(12)
Aggregated annual quantity of CO2 (metric tons) that is transferred to geologic sequestration of CO2 with enhanced oil recovery that is covered by subpart VV of 40 CFR part 98 (reported by CO2 production wells).
New
Not Eligible
This proposed data element would require reporting the aggregated annual quantity of CO2 that is transferred to geologic sequestration of CO2 with enhanced oil recovery that is covered by subpart VV of 40 CFR part 98 (reported by CO2 production wells). This data element is similar to the type of data reported under 40 CFR 98.426(f)(11) for suppliers of carbon dioxide (aggregated annual quantity of CO2 that is transferred to geologic sequestration covered by subpart RR (reported by CO2 production wells)), for which the EPA previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment..
PP
98.426(f)(12)
Aggregated annual quantity of CO2 (metric tons) that is transferred to geologic sequestration of CO2 with enhanced oil recovery that is covered by subpart VV of 40 CFR part 98 (reported by industrial CO2 production facilities and importers/exporters).
New
Eligible for Confidential Treatment
This proposed data element would require reporting the aggregated annual quantity of CO2 that is transferred to geologic sequestration of CO2 with enhanced oil recovery that is covered by subpart VV of 40 CFR part 98 (reported by industrial CO2 production facilities and importers/exporters). This data element is similar to the type of data reported under 40 CFR 98.426(f)(11) for suppliers of carbon dioxide (aggregated annual quantity of CO2 that is transferred to geologic sequestration covered by subpart RR (reported by industrial CO2 production facilities and importers/exporters)), for which the EPA previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the information would be eligible for confidential treatment.
PP
98.426(h)(1)
If you capture a CO2 stream from a facility that is subject to 40 CFR part 98 and transfer CO2 to any facilities that are subject to subpart RR or subpart VV of 40 CFR part 98, report the facility identification number associated with the annual GHG report for the facility that is the source of the captured CO2 stream.
Revised
No Determination
These proposed data elements would require reporting the facility identification number associated with the annual GHG report for the facility that is the source of the captured CO2 stream, the facility identification number associated with the annual GHG reports for each subpart RR and subpart VV facility to which CO2 is transferred, and the annual quantity of CO2 that is transferred to each subpart RR and subpart VV facility, if you capture a CO2 stream from a facility that is subject to 40 CFR part 98 and transfer CO2 to any facilities that are subject to subpart RR or subpart VV of 40 CFR part 98. These data elements were finalized in the October 23, 2015, final rule (80 FR 64660) and currently have a confidentiality determination of No Determination. The proposed revisions to 40 CFR 98.426(h)(1), (h)(2), and (h)(3), which expand the source category to include any direct emitting facility that is the source of CO2 captured and transferred to facilities subject to subparts RR or VV, would not change the current determination. Reporting these data elements, if you capture a CO2 stream from a facility that is subject to 40 CFR part 98 and transfer CO2 to any facilities that are subject to subpart RR or subpart VV, reveals the same type of information as reporting these data elements, if you capture a CO2 stream from an electricity generating unit that is subject to subpart D of 40 CFR part 98 and transfer CO2 to any facilities that are subject to subpart RR. Further, the EPA does not have any reason to believe that the determinations should change based on the new review standard established by the Argus decision. The EPA is not aware of whether these proposed revised data elements are customarily and actually treated as confidential by suppliers of carbon dioxide; therefore, the EPA proposes to designate these data elements as No Determination.
PP
98.426(h)(2)
If you capture a CO2 stream from a facility that is subject to 40 CFR part 98 and transfer CO2 to any facilities that are subject to subpart RR or subpart VV of 40 CFR part 98, report each facility identification number associated with the annual GHG reports for each subpart RR and subpart VV facility to which CO2 is transferred.  
Revised
No Determination

PP
98.426(h)(3)
If you capture a CO2 stream from a facility that is subject to 40 CFR part 98 and transfer CO2 to any facilities that are subject to subpart RR or subpart VV of 40 CFR part 98, report the annual quantity of CO2 (metric tons) that is transferred to each subpart RR and subpart VV facility.
Revised
No Determination

QQ
98.436(a)(7) 
For imports at the corporate level except for transshipments, for each importer of fluorinated GHGs contained in pre-charged equipment or closed-cell foams, the harmonized tariff system (HTS) code for each type of pre-charged equipment imported in the year.
New
No Determination
These proposed data elements would require reporting the harmonized tariff system (HTS) code for each type of pre-charged equipment or closed-cell foam imported, for importers of fluorinated GHGs contained in pre-charged equipment or closed-cell foams. In making previous confidentiality determinations for reporting of similar data elements under other supplier categories under 40 CFR part 98 (e.g., commodity code (or HTS code) at 40 CFR 98.416(c)(6), subpart OO), the EPA previously finalized a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011; 81 FR 89188, Dec. 9, 2016; CBI Memo, Sept.12, 2016). However, the products reported under subpart OO are GHGs, while the products reported under subpart QQ are equipment/foams containing GHGs, making these data elements substantively different. Additionally, the EPA has identified that HTS codes are determined by the content of the shipped product and has identified certain instances where HTS codes are publicly available, such as through FOIA Importer Trade Activity (ITRAC) requests or public or subscription databases such as Datamyne or PIERS. The EPA has found there is insufficient information available to determine whether these proposed new data elements under subpart QQ are customarily and actually treated as confidential; therefore, the EPA proposes to designate the data elements as No Determination at this time. 
QQ
98.436(a)(7)
For imports at the corporate level except for transshipments, for each importer of fluorinated GHGs contained in pre-charged equipment or closed-cell foams, the HTS code for each type of closed-cell foam imported in the year.
New
 No Determination

QQ
98.436(a)(8)
For imports at the corporate level except for transshipments, for each importer of fluorinated GHGs contained in pre-charged equipment or closed-cell foams, a copy of the corresponding U.S. Customs entry form for each reported import in the year.
New
Eligible for Confidential Treatment
This proposed data element would require importers of fluorinated GHGs contained in pre-charged equipment or closed-cell foams to report a copy of the corresponding U.S. Customs entry form for each reported import in the year. Some of the data included in the U.S. Customs entry form (i.e., number imported) are currently collected under the GHGRP and are eligible for confidential treatment (e.g., for 40 CFR 98.436(a)(2), for each importer of fluorinated GHGs contained in pre-charged equipment or closed-cell foams, for each type of pre-charged equipment with a unique combination of charge size and charge type: number imported, we previously assigned a determination of CBI (77 FR 48072, August 13, 2012; CBI Memo, August 1, 2012)). For these reasons, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
QQ
98.436(b)(7)
For exports at the corporate level except for transshipments, for each exporter of fluorinated GHGs contained in pre-charged equipment, the schedule B code for each type of pre-charged equipment exported in the year. 
New
No Determination
These proposed data elements would require reporting the schedule B code for each type of pre-charged equipment or closed-cell foam exported, for exporters of fluorinated GHGs contained in pre-charged equipment or closed-cell foams. In making previous confidentiality determinations for reporting of similar data elements under other supplier categories under 40 CFR part 98 (e.g., commodity code (or HTS code) at 40 CFR 98.416(c)(6), subpart OO), the EPA previously finalized a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011, 81 FR 89188, Dec. 9, 2016; CBI Memo, Sept.12, 2016). However, the products reported under subpart OO are GHGs, while the products reported under subpart QQ are equipment/foams containing GHGs, making these data elements substantively different. Additionally,  commodity codes are determined by the content of the shipped product, and the EPA has identified certain instances where schedule B codes are publicly available, such as through FOIA Importer Trade Activity (ITRAC) requests or public or subscription databases such as Datamyne or PIERS. The EPA has therefore found there is insufficient information available to determine whether these proposed new data elements under subpart QQ are customarily and actually treated as confidential; therefore, the EPA proposes to designate the data elements as No Determination at this time. 
QQ
98.436(b)(7)
For exports at the corporate level except for transshipments, for each exporter of fluorinated GHGs contained in closed-cell foams, the schedule B code for each type of closed-cell foam exported in the year. 
New
No Determination

WW
98.496(b)
For each coke calcining unit, the maximum rated throughput of the unit (metric tons coke calcined/stream day). 
Revised
No Determination
This proposed data element would require reporting the maximum rated throughput of each coke calcining unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of this data element in 40 CFR 98.256(i)(2) for coke calciners co-located at petroleum refineries a confidentiality determination of No Determination. The proposed revision to 40 CFR 98.256(i)(2), which would broaden the scope of reporters beyond those co-located at petroleum refineries and currently reporting under subpart Y to include all coke calciners reporting under new subpart WW, would not change the EPA's previous determination; reporting the maximum rated throughput of each unit for all coke calciners reveals the same type of information that has been reported by coke calciners co-located at petroleum refineries. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. The EPA is not aware of whether this proposed revised data element is customarily and actually treated as confidential by the coke calciner industry; therefore, the EPA proposes to designate the data element as No Determination.
WW
98.496(e)
For each coke calcining unit, the annual mass of green coke fed to the unit (metric tons/year). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual mass of green coke fed to each coke calcining process unit. This data element is similar to the type of data in 40 CFR 98.176(e)(6)(ii) for iron and steel production (annual mass of all non-fuel material inputs (combined) specified in Equations Q-1 through Q-7), for which we previously assigned a determination of CBI (79 FR 63750, October 24, 2014). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the information would be eligible for confidential treatment.
WW
98.496(f)
For each coke calcining unit, the annual mass of marketable petroleum coke produced by the unit (metric tons/year). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual mass of marketable petroleum coke produced by each coke calcining unit. This data element is similar to the type of data in 40 CFR 98.256(k)(3) for petroleum refineries (for each delayed coking unit, annual quantity of coke produced in the unit during the reporting year), for which we previously assigned a determination of CBI (81 FR 89188, December 9, 2016; CBI Memo September 12, 2016). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the information would be eligible for confidential treatment.
WW
98.496(g)
For each coke calcining unit, the annual mass of petroleum coke dust removed from the process through the dust collection system of the unit (metric tons/year). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual mass of petroleum coke dust removed from the process through the dust collection system of each coke calcining unit. This data element is similar to the type of data in 40 CFR 98.256(h)(5)(ii)(A) for petroleum refineries (if you recycle tail gas to the front of an on-site sulfur recovery plant: annual volume of recycled tail gas) for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
WW
98.496(g)
For each coke calcining unit, an indication of whether coke dust is recycled to the unit (e.g., all dust is recycled, a portion of the dust is recycled, or none of the dust is recycled). 
Revised
Not Eligible
This proposed data element would require reporting whether coke dust is recycled to the coke calcining unit. As documented in the April 29, 2011, memorandum and the May 26, 2011, final rule (76 FR 30782), the EPA assigned the current version of this data element in 40 CFR 98.256(i)(5) for coke calciners co-located at petroleum refineries a confidentiality determination of Not CBI. The proposed revision to 40 CFR 98.256(i)(5), which would broaden the scope of reporters beyond those co-located at petroleum refineries and currently reporting under subpart Y (using Equation Y-13) to include all coke calciners reporting under new subpart WW, would not change the EPA's previous determination; reporting whether coke dust is recycled to the unit for all coke calciners reveals the same type of information that has been reported by coke calciners co-located at petroleum refineries. Further, the EPA does not have any reason to believe that the previous determination should change based on the new review standard established by the Argus decision. For these reasons, the EPA has determined that the proposed revised data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
WW
98.496(h)
For each coke calcining unit, the annual average mass fraction carbon content of green coke fed to the unit (metric tons C per metric ton green coke). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual average mass fraction carbon content of green coke fed to each coke calcining unit. This data element is similar to the type of data in 40 CFR 98.176(e)(6)(v) for iron and steel production (if the carbon mass balance method was used to determine CO2 emissions: the weighted average carbon content of all non-fuel inputs to all process units (combined) included in Equation Q-10) for which we previously assigned a determination of CBI (79 FR 63750, October 24, 2014). For this reason, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
WW
98.496(i)
For each coke calcining unit, the annual average mass fraction carbon content of marketable petroleum coke produced by the unit (metric tons C per metric ton petroleum coke). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual average mass fraction carbon content of marketable petroleum coke produced by each coke calcining unit. This data element is similar to the type of data in 40 CFR 98.176(e)(6)(vi) for iron and steel production (if the carbon mass balance method was used to determine CO2 emissions: the weighted average carbon content of all solid and liquid products and byproducts from all process units (combined) included in Equation Q-11) for which we previously assigned a determination of CBI (79 FR 63750, October 24, 2014). For this reason, the EPA has determined that this proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the information would be eligible for confidential treatment.
XX
98.506(a)
Annual facility calcium carbide production capacity (tons). 
New
No Determination
This proposed data element would require reporting the annual calcium carbide production capacity at the facility level. In making previous confidentiality determinations for reporting of production capacity by other production industries reporting under 40 CFR part 98 (i.e., 40 CFR 98, subparts K, R, S, Z, BB, CC, EE, FF, and GG), the EPA finalized a determination of No Determination. The EPA is not aware of whether this proposed new data element is customarily and actually treated as confidential by the calcium carbide industry; therefore, the EPA proposes to designate the data element as No Determination.
XX
98.506(b)
Annual facility production of calcium carbide (tons). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting annual facility production of calcium carbide. This data element is similar to the type of data in 40 CFR 98.146(a)(2) for glass production (annual quantity of glass produced by all furnaces combined (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
XX
98.506(c)
Total number of calcium carbide production process units at the facility. 
New
Not Eligible
This proposed data element would require reporting the total number of calcium carbide production process units at the facility. This data element is similar to the type of data in 40 CFR 98.186(b)(5) for lead production (total number of smelting furnaces at facility used for production of lead products), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.
XX
98.506(d)
For the calcium carbide production facility, annual facility consumption of petroleum coke (tons). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting annual facility consumption of petroleum coke for a calcium carbide production facility. This data element is similar to the type of data in 40 CFR 98.146(b)(2) for glass production (annual quantity of carbonate based-raw material charged to all furnaces combined (no CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
XX
98.506(e)
For the calcium carbide production facility, each end use of any calcium carbide produced and sent off site. 
New
Eligible for Confidential Treatment
This proposed data element would require reporting each end use of any calcium carbide produced and sent off site for the calcium carbide production facility. This data element is similar to the type of data reported under 40 CFR 98.166(d) for hydrogen production (annual quantity of carbon other than CO2 collected and transferred off-site) and the type of data reported under 40 CFR 98.426(f) for suppliers of carbon dioxide when reported by industrial CO2 production facilities and importers/exporters (aggregated annual quantity of CO2 in metric tons that is transferred to each end use application), for which the EPA previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For these reasons, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
XX
98.506(f)(1)
For the calcium carbide production facility that produces acetylene on site, annual facility production of acetylene (tons). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual facility production of acetylene for the calcium carbide production facility that produces acetylene on site. This data element is similar to the type of data in 40 CFR 98.146(a)(2) for glass production (annual quantity of glass produced by all furnaces combined (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
XX
98.506(f)(2)
For the calcium carbide production facility that produces acetylene on site, annual facility quantity of calcium carbide (tons) used to produce acetylene. 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the quantity of calcium carbide used to produce acetylene for a calcium carbide production facility that produces acetylene on site. This data element is similar to the type of data in 40 CFR 98.146(b)(2) for glass production (annual quantity of carbonate based-raw material charged to all furnaces combined (no CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
XX
98.506(f)(3)
For the calcium carbide production facility that produces acetylene on site, each end use of any acetylene produced on-site. 
New
Eligible for Confidential Treatment
This proposed data element would require reporting each end use of any acetylene produced on-site for the calcium carbide production facility. This data element is similar to the type of data reported under 40 CFR 98.166(d) for hydrogen production (annual quantity of carbon other than CO2 collected and transferred off-site) and the type of data reported under 40 CFR 98.426(f) for suppliers of carbon dioxide when reported by industrial CO2 production facilities and importers/exporters (aggregated annual quantity of CO2 that is transferred to each end use application), for which the EPA previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For these reasons, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes   that the information would be eligible for confidential treatment.
XX
98.506(g)
For the calcium carbide production facility, the relevant information required by 40 CFR 98.36 for the Tier 4 calculation methodology (CEMS).
New
This proposed data element is not assigned a confidentiality determination because the data element refers to an existing reporting requirement specified in a different subpart; this existing reporting requirement was previously assigned a confidentiality determination under that subpart in a previous rulemaking.
YY
98.516(c)(1)
Annual caprolactam production quantity from all caprolactam process lines at the facility (metric tons). 
New
Eligible for Confidential Treatment
These proposed data elements would require reporting the annual production quantities of caprolactam, glyoxal, or glyoxylic acid from all process lines for the chemical at the caprolactam, glyoxal, or glyoxylic acid production facility. These data elements are similar to the type of data in 40 CFR 98.146(a)(2) for glass production (annual quantity of glass produced by all furnaces combined (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that these proposed new data elements are customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment. 
YY
98.516(c)(2)
Annual glyoxal production quantity from all glyoxal process lines at the facility (metric tons). 
New
Eligible for Confidential Treatment

YY
98.516(c)(3)
Annual glyoxylic acid production quantity from all glyoxylic acid process lines at the facility (metric tons). 
New
Eligible for Confidential Treatment

YY
98.516(d)(1)
Annual caprolactam production capacity from all caprolactam process lines at the facility (metric tons). 
New
No Determination
--------------------------------------------------------------------------------
These proposed data elements would require reporting the annual production capacity for caprolactam, glyoxal, or glyoxylic acid at the caprolactam, glyoxal, or glyoxylic acid production facility. In making previous confidentiality determinations for reporting of production capacity by other production industries reporting under 40 CFR part 98 (i.e., 40 CFR 98, subparts K, R, S, Z, BB, CC, EE, FF, and GG), the EPA finalized a determination of No Determination. The EPA is not aware of whether these proposed new data elements are customarily and actually treated as confidential by the caprolactam, glyoxal, or glyoxylic acid production industries; therefore, the EPA proposes to designate the data elements as No Determination.

YY
98.516(d)(2)
Annual glyoxal production capacity from all glyoxal process lines at the facility (metric tons). 
New
No Determination

YY
98.516(d)(3)
Annual glyoxylic acid production capacity from all glyoxylic acid process lines at the facility (metric tons). 
New
No Determination

YY
98.516(e)(1)
Total number of caprolactam production process lines at the facility. 
New
Not Eligible
These proposed data elements would require reporting the total number of production process lines per product (caprolactam, glyoxal, or glyoxylic acid) at the caprolactam, glyoxal, or glyoxylic acid production facility. These data elements are similar to the type of data in 40 CFR 98.226(f) for nitric acid production (number of nitric acid trains), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that these proposed new data elements are not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment. 
YY
98.516(e)(2)
Total number of glyoxal production process lines at the facility. 
New
Not Eligible
      
YY
98.516(e)(3)
Total number of glyoxylic acid production process lines at the facility. 
New
Not Eligible
      
YY
98.516(f)
For each caprolactam production process line at the facility, the number of operating hours in the calendar year (hours). 
New
Eligible for Confidential Treatment
These proposed data elements would require reporting the number of operating hours in the calendar year for each product process line (caprolactam, glyoxal, or glyoxylic acid) at the caprolactam, glyoxal, or glyoxylic acid production facility. These data elements are similar to the type of data in 40 CFR 98.246(a)(9) for petrochemical production (the number of days during which off-specification product was produced), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011; 78 FR 71904, November 29, 2013). For this reason, the EPA has determined that these proposed new data elements are customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment.
YY
98.516(f)
For each glyoxal production process line at the facility, the number of operating hours in the calendar year (hours).
New
Eligible for Confidential Treatment

YY
98.516(f)
For each glyoxylic acid production process line at the facility, the number of operating hours in the calendar year (hours).
New
Eligible for Confidential Treatment

YY
98.516(g)
For the caprolactam production facility, N2O abatement technologies used for caprolactam production (if applicable). 
New
Not Eligible
These proposed data elements would require reporting the N2O abatement technologies used per product (caprolactam, glyoxal, or glyoxylic acid) at the caprolactam, glyoxal, or glyoxylic acid production facility. These data elements are similar to the type of data reported under 40 CFR 98.226(h) for nitric acid production (abatement technologies used) for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that these proposed new data elements are not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment. 
YY
98.516(g)
For the glyoxal production facility, N2O abatement technologies used for glyoxal production (if applicable).
New
Not Eligible

YY
98.516(g)
For the glyoxylic acid production facility, N2O abatement technologies used for glyoxylic acid production (if applicable).
New
Not Eligible

YY
98.516(g)
For the caprolactam production facility, date of installation of N2O abatement technologies for caprolactam production  (if applicable). 
New
Not Eligible
These proposed data elements would require reporting the date of installation of abatement technologies per product (caprolactam, glyoxal, or glyoxylic acid) at the caprolactam, glyoxal, or glyoxylic acid production facility. These data elements are similar to the type of data reported under 40 CFR 98.226(h) for nitric acid production (date of installation of abatement technology) for which we previously assigned a determination of Not CBI (81 FR 89188, December 9, 2016; CBI Memo, September 12, 2016). For this reason, the EPA has determined that these proposed new data elements are not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.  
YY
98.516(g)
For the glyoxal production facility, date of installation of N2O abatement technologies for glyoxal production (if applicable). 
New
Not Eligible

YY
98.516(g)
For the glyoxylic acid production facility, date of installation of N2O abatement technologies for glyoxylic acid production (if applicable). 
New
Not Eligible

YY
98.516(j)
For the caprolactam, glyoxal, or glyoxylic acid production facility, annual percent N2O emission reduction for caprolactam production. 
New
Not Eligible
These proposed data elements would require reporting the annual percent N2O emission reduction per chemical (caprolactam, glyoxal, or glyoxylic acid) at the caprolactam, glyoxal, or glyoxylic acid production facility. These data elements are similar to the type of data reported under 40 CFR 98.56(n) for adipic acid production (annual percent N2O emission reduction for all production units combined) for which we previously assigned a determination of Not CBI (79 FR 63750, October 24, 2014). For this reason, the EPA has determined that these proposed new data elements are not customarily and actually treated as confidential; therefore, the EPA proposes   that this data element would not be eligible for confidential treatment.
YY
98.516(j)
For the caprolactam, glyoxal, or glyoxylic acid production facility, annual percent N2O emission reduction for glyoxal production.
New
Not Eligible

YY
98.516(j)
For the caprolactam, glyoxal, or glyoxylic acid production facility, annual percent N2O emission reduction for glyoxylic acid production.
New
Not Eligible

ZZ
98.526(a)
For a facility containing a ceramics manufacturing process, the total number of ceramics manufacturing process units that operated during the reporting year. 
New
Not Eligible
This proposed data element would require reporting the total number of ceramics manufacturing process units that operated during the reporting year at the facility. This data element is similar to the type of data reported under 40 CFR 98.86(a)(3) for cement production (number of operating kilns) for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment. 
ZZ
98.526(b)
For a facility containing a ceramics manufacturing process, the relevant information required under 40 CFR 98.36 for the Tier 4 calculation methodology (CEMS).
New
This proposed data element is not assigned a confidentiality determination because the data element refers to an existing reporting requirement specified in a different subpart; this existing reporting requirement was previously assigned a confidentiality determination under that subpart in a previous rulemaking.
ZZ
98.526(b)(1)
For each ceramics manufacturing process unit, annual quantity of each carbonate-based raw material charged to the unit (tons) (CEMS). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of each carbonate-based raw material charged to each ceramics manufacturing process unit. This data element is similar to the type of data in 40 CFR 98.146(a)(1) for glass production (annual quantity of each carbonate based-raw material charged to each continuous glass melting furnace (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment.
ZZ
98.526(b)(1)
For a facility containing a ceramics manufacturing process, annual quantity of each carbonate-based raw material charged to all ceramics manufacturing process units combined (tons) (CEMS). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of each carbonate-based raw material charged to all ceramics manufacturing process units combined at the facility. This data element is similar to the type of data in 40 CFR 98.146(b)(2) for glass production (annual quantity of carbonate based-raw material charged to all furnaces combined (no CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment.
ZZ
98.526(b)(2)
For each ceramics manufacturing process unit, annual quantity of each type of ceramics product manufactured (tons) (CEMS). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of each type of ceramics product manufactured for each ceramics manufacturing process unit at the facility. This data element is similar to the type of data in 40 CFR 98.146(a)(2) for glass production (annual quantity of glass produced by each glass melting furnace (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment.
ZZ
98.526(b)(2)
For a facility containing a ceramics manufacturing process, annual quantity of each type of manufactured ceramics product charged to all ceramics manufacturing process units combined (tons) (CEMS). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of each type of manufactured ceramics product charged to all ceramics manufacturing process units combined at the facility. This data element is similar to the type of data in 40 CFR 98.146(a)(2) for glass production (annual quantity of glass produced by all furnaces combined (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the data element would be eligible for confidential treatment.
ZZ
98.526(b)(3)
For each ceramics manufacturing process unit, annual production capacity (tons) (CEMS). 
New
No Determination
This proposed data element would require reporting the annual production capacity for each ceramics manufacturing process unit at the facility. In making previous confidentiality determinations for reporting of production capacity by other production industries reporting under 40 CFR part 98 (i.e., 40 CFR 98, subparts K, R, S, Z, BB, CC, EE, FF, and GG), the EPA finalized a determination of No Determination. The EPA is not aware of whether this proposed new data element is customarily and actually treated as confidential by the ceramics manufacturing industry; therefore, the EPA proposes to designate the data element as No Determination.
ZZ
98.526(c)(2)
For a facility containing a ceramics manufacturing process, annual quantity of each carbonate-based raw material charged to all ceramics manufacturing process units combined (tons) (no CEMS). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of each carbonate-based raw material charged to all ceramics manufacturing process units combined at the facility. This data element is similar to the type of data in 40 CFR 98.146(b)(2) for glass production (annual quantity of carbonate based-raw material charged to all furnaces combined (no CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the information would be eligible for confidential treatment.
ZZ
98.526(c)(3)(i)
For each ceramics manufacturing process unit, the date of each test used to verify each carbonate-based mineral mass fraction for each carbonate-based raw material charged to the unit (no CEMS). 
New
Not Eligible
This proposed data element would require reporting the date of the test used to verify the carbonate-based mineral mass fraction for each carbonate-based raw material charged to a ceramics manufacturing process unit at the facility. This data element is similar to the type of data reported under 40 CFR 98.146(b)(5)(i) for glass production (date of all tests used to verify the carbonate-based mineral mass fraction for each carbonate-based raw material charged to a furnace), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that this proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment 
ZZ
98.526(c)(3)(ii)
For each ceramics manufacturing process unit, the method(s) and any variations used in the analyses for each test used to verify each carbonate-based mineral mass fraction for each carbonate-based raw material charged to the unit (no CEMS).
New
Not Eligible
This proposed data element would require reporting the method(s) and any variations used in the analyses for each test used to verify each carbonate-based mineral mass fraction for each carbonate-based raw material charged to each ceramics manufacturing process unit at the facility. This data element is similar to the type of data in 40 CFR 98.146(b)(5)(ii) for glass production (method(s) and any variations of all tests used to verify the carbonate-based mineral mass fraction charged to a furnace (no CEMS)), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that this data element would not be eligible for confidential treatment.
ZZ
98.526(c)(3)(iii)
For each ceramics manufacturing process unit, the mass fraction of each sample analyzed, for each test used to verify each carbonate-based mineral mass fraction for each carbonate-based raw material charged to the unit (no CEMS).
New
Eligible for Confidential Treatment
This proposed data element would require reporting the mass fraction of each sample analyzed for all tests used to verify each carbonate-based mineral mass fraction for each carbonate-based raw material charged to each ceramics process unit at the facility. This data element is similar to the type of data in 40 CFR 98.146(b)(5)(iii) for glass production (mass fraction of each sample analyzed for all tests used to verify the carbonate-based mineral mass fraction charged to a furnace) for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes  that the data element would be eligible for confidential treatment.
ZZ
98.526(c)(4)
For a facility containing a ceramics manufacturing process, method used to determine the decimal mass fraction of carbonate-based mineral, unless the reporter used the default value of 1.0 (no CEMS). 
New
Not Eligible
This proposed data element would require reporting the method used to determine the decimal mass fraction of carbonate-based mineral for the ceramics manufacturing process facility. This data element is similar to the type of data in 40 CFR 98.146(b)(7) for glass production (method used to determine the decimal fraction of calcination (if default value of 1.0 was not used) (no CEMS)), for which we previously assigned a determination of Not CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011; 78 FR 71904, November 29, 2013). For this reason, the EPA has determined that the proposed new data element is not customarily and actually treated as confidential; therefore, the EPA proposes that the data element would not be eligible for confidential treatment.
ZZ
98.526(c)(5)
For each ceramics manufacturing process unit, annual quantity of each type of ceramics product manufactured (tons) (no CEMS). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of each type of ceramics product manufactured for each ceramics manufacturing process unit at the facility. This data element is similar to the type of data in 40 CFR 98.146(a)(2) for glass production (annual quantity of glass produced by each glass melting furnace (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes that the data element would be eligible for confidential treatment.
ZZ
98.526(c)(5)
For a facility containing a ceramics manufacturing process, annual quantity of each type of manufactured ceramics product charged to all ceramics manufacturing process units combined (tons) (no CEMS). 
New
Eligible for Confidential Treatment
This proposed data element would require reporting the annual quantity of each type of manufactured ceramics product charged to all ceramics manufacturing process units combined at the facility. This data element is similar to the type of data in 40 CFR 98.146(a)(2) for glass production (annual quantity of glass produced by all furnaces combined (CEMS)), for which we previously assigned a determination of CBI (76 FR 30782, May 26, 2011; CBI Memo, April 29, 2011). For this reason, the EPA has determined that the proposed new data element is customarily and actually treated as confidential; therefore, the EPA proposes to that the data element would be eligible for confidential treatment.
ZZ
98.526(c)(6)
For each ceramics manufacturing process unit, annual production capacity (tons) (no CEMS). 
New
No Determination
This proposed data element would require reporting the annual production capacity for each ceramics manufacturing process unit at the facility. In making previous confidentiality determinations for reporting of production capacity by other production industries reporting under 40 CFR part 98 (i.e., 40 CFR 98, subparts K, R, S, Z, BB, CC, EE, FF, and GG), the EPA finalized a determination of No Determination. The EPA is not aware of whether this proposed new data element is customarily and actually treated as confidential by the ceramics manufacturing industry; therefore, the EPA proposes to designate the data element as No Determination.

Table 3. PROPOSED CONFIDENTIALITY DETERMINATION FOR AN EXISTING DATA ELEMENT FOR WHICH EPA DID NOT PREVIOUSLY ESTABLISH A CONFIDENTIALITY DETERMINATION 
Subpart
Citation in 40 CFR Part 98
Data Element Description
Confidentiality Determination
Rationale for the Proposed Confidentiality Determination
A
98.3(c)(5)(i)
Total quantity of GHGs aggregated for all GHGs from all applicable supply categories in Table A-5 (metric tons CO2e).
Eligible for Confidential Treatment if the reporter produces, imports, exports, or otherwise supplies just one product and EPA determined the amount of the one product supplied is eligible for confidential treatment; otherwise Not Eligible.
Review of previous rules revealed one instance where a confidentiality determination had been made for a previous version of 40 CFR 98.3(c)(5)(i) but not for the current version of this data element. This data element is the total quantity of GHGs aggregated for all GHGs from all applicable supply categories in Table A-5. For example, if a refinery supplies petrochemical products (subpart MM) and is also a CO2 supplier (subpart PP) the facility-level CO2e would represent the CO2e for both activities combined. When a confidentiality determination for 40 CFR 98.3(c)(5)(i) was finalized in the May 26, 2011, final rule (76 FR 30782), the determination referred explicitly to the supply categories that existed when the confidentiality determination was proposed on July 7, 2010, which included subparts LL through PP. The EPA finalized the following confidentiality determination for 40 CFR 98.3(c)(5)(i) as it applied to subparts LL through PP: CBI if the reporter produces, imports, exports, or otherwise supplies just one product and if the EPA has determined that the amount of that one product is CBI; otherwise, Not CBI (76 FR 30782, May 26, 2011). When the EPA finalized subpart QQ and added it to Table A-5 on December 1, 2010, the EPA did not propose that the confidentiality determination for 40 CFR 98.3(c)(5)(i) also applied to importers and exporters reporting under subpart QQ. To clarify the determination for this data element, the EPA is now proposing to extend the existing determination to include suppliers under subpart QQ. The EPA is proposing to determine that 40 CFR 98.3(c)(5)(i), as it applies to reported GHGs supplied under subpart QQ, is the same as other supplier subparts for this data element; therefore, the EPA proposes that this  existing data element would not be eligible for confidential treatment except in cases where a single product is supplied and the EPA determines that the amount of the one product supplied is eligible for confidential treatment. For example, if a supplier imported both equipment containing f-GHGs (subpart QQ) and bulk f-GHGs (subpart OO), the facility-level CO2e would represent the CO2e for both activities combined. Furthermore, a supplier may report multiple equipment types under subpart QQ, which EPA would consider different product types (e.g., a supplier that imports both air conditioners containing HFC-134a and air conditioners containing HFO-1234yf would be considered to supply more than one product). 

