[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Proposed Rules]
[Pages 32852-32947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10047]
[[Page 32851]]
Vol. 88
Monday,
No. 98
May 22, 2023
Part III
Environmental Protection Agency
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40 CFR Part 98
Revisions and Confidentiality Determinations for Data Elements Under
the Greenhouse Gas Reporting Rule; Proposed Rule
Federal Register / Vol. 88 , No. 98 / Monday, May 22, 2023 / Proposed
Rules
[[Page 32852]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
[EPA-HQ-OAR-2019-0424; FRL-7230-03-OAR]
RIN 2060-AU35
Revisions and Confidentiality Determinations for Data Elements
Under the Greenhouse Gas Reporting Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The EPA is issuing this supplemental proposal that would amend
specific provisions in the Greenhouse Gas Reporting Rule to improve the
quality and consistency of the rule by providing for the collection of
improved data that would better inform and be relevant to a wide
variety of Clean Air Act provisions that the EPA carries out. The EPA
recently evaluated the requirements of the Greenhouse Gas Reporting
Rule to identify areas of improvement, including updates to the
existing calculation, recordkeeping, and reporting requirements, and
requested information for collection of additional data to understand
new source categories in a proposed rule (June 21, 2022). In this
notification, the EPA is proposing additional amendments to the
Greenhouse Gas Reporting Rule, including updates to the General
Provisions to reflect revised global warming potentials, and is
proposing to require reporting of greenhouse gas data from additional
sectors--specifically energy consumption; coke calcining; ceramics
production; calcium carbide production; and caprolactam, glyoxal, and
glyoxylic acid production. The EPA is also proposing additional
revisions that would improve implementation of the Greenhouse Gas
Reporting Rule, such as updates to emissions calculation methodologies;
revisions to reporting requirements to improve verification of reported
data and the accuracy of the data collected; and other minor technical
amendments, corrections, or clarifications. The EPA intends to consider
the information received in response to this supplemental proposal
prior to finalizing the amendments to the Greenhouse Gas Reporting Rule
proposed on June 21, 2022. This action also proposes to establish and
amend confidentiality determinations for the reporting of certain data
elements to be added or substantially revised in these proposed
amendments.
DATES:
Comments. Comments must be received on or before July 21, 2023.
Comments on the information collection provisions submitted to the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
(PRA) are best assured of consideration by OMB if OMB receives a copy
of your comments on or before June 21, 2023.
Public hearing. The EPA does not plan to conduct a public hearing
unless requested. If anyone contacts us requesting a public hearing on
or before May 30, 2023, we will hold a virtual public hearing. See
SUPPLEMENTARY INFORMATION for information on requesting and registering
for a public hearing.
ADDRESSES:
Comments. You may submit comments, identified by Docket Id. No.
EPA-HQ-OAR-2019-0424, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov (our preferred
method). Follow the online instructions for submitting comments.
Mail: U.S. Environmental Protection Agency, EPA Docket Center, Air
and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
Hand Delivery or Courier (by scheduled appointment only): EPA
Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket Center's hours of operations are
8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays)
Instructions: All submissions received must include the Docket Id.
No. for this proposed rulemaking. Comments received may be posted
without change to www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
The virtual hearing, if requested, will be held using an online
meeting platform, and the EPA will provide information on its website
(www.epa.gov/ghgreporting) regarding how to register and access the
hearing. Refer to the SUPPLEMENTARY INFORMATION section for additional
information.
FOR FURTHER INFORMATION CONTACT: Jennifer Bohman, Climate Change
Division, Office of Atmospheric Programs (MC-6207A), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number: (202) 343-9548; email address: [email protected].
For technical information, please go to the Greenhouse Gas Reporting
Program (GHGRP) website, www.epa.gov/ghgreporting. To submit a
question, select Help Center, followed by ``Contact Us.''
World wide web (WWW). In addition to being available in the docket,
an electronic copy of this proposal will also be available through the
WWW. Following the Administrator's signature, a copy of this proposed
rule will be posted on the EPA's GHGRP website at www.epa.gov/ghgreporting.
SUPPLEMENTARY INFORMATION:
Written comments. Submit your comments, identified by Docket Id.
No. EPA-HQ-OAR-2019-0424, at www.regulations.gov (our preferred
method), or the other methods identified in the ADDRESSES section. Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit to the EPA's docket at www.regulations.gov any information you
consider to be confidential business information (CBI), proprietary
business information (PBI), or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA
public comment policy; information about CBI, PBI, or multimedia
submissions, and general guidance on making effective comments.
Participation in virtual public hearing. To request a virtual
public hearing, please contact the person listed in the following FOR
FURTHER INFORMATION CONTACT section by May 30, 2023. If requested, the
virtual hearing will be held on June 6, 2023. The hearing will convene
at 9 a.m. Eastern Time (ET) and will conclude at 3 p.m. ET. The EPA may
close the hearing 15 minutes after the last pre-registered speaker has
testified if there are no additional speakers. The EPA will provide
further information about the hearing on its website (www.epa.gov/ghgreporting) if a hearing is requested.
If a public hearing is requested, the EPA will begin pre-
registering speakers
[[Page 32853]]
for the hearing no later than one business day after a request has been
received. To register to speak at the virtual hearing, please use the
online registration form available at www.epa.gov/ghgreporting or
contact us by email at [email protected]. The last day to pre-
register to speak at the hearing will be June 5, 2023. On June 5, 2023,
the EPA will post a general agenda that will list pre-registered
speakers in approximate order at: www.epa.gov/ghgreporting.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule.
Each commenter will have 5 minutes to provide oral testimony. The
EPA encourages commenters to provide the EPA with a copy of their oral
testimony electronically (via email) by emailing it to
[email protected]. The EPA also recommends submitting the text of
your oral testimony as written comments to the rulemaking docket.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral testimony and
supporting information presented at the public hearing.
Please note that any updates made to any aspect of the hearing will
be posted online at www.epa.gov/ghgreporting. While the EPA expects the
hearing to go forward as set forth above, please monitor our website or
contact us by email at [email protected] to determine if there are
any updates. The EPA does not intend to publish a document in the
Federal Register announcing updates.
If you require the services of an interpreter or special
accommodation such as audio description, please pre-register for the
hearing with the public hearing team and describe your needs by May 30,
2023. The EPA may not be able to arrange accommodations without
advanced notice.
Regulated entities. This is a proposed regulation. If finalized,
these proposed revisions would affect certain entities that must submit
annual greenhouse gas (GHG) reports under the GHGRP (40 CFR part 98).
These are proposed amendments to existing regulations. If finalized,
these amended regulations would also affect owners or operators of
certain industry sectors that are direct emitters of GHGs. Regulated
categories and entities include, but are not limited to, those listed
in Table 1 of this preamble:
Table 1--Examples of Affected Entities by Category
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North American Examples of
Industry facilities that may
Category Classification be subject to part
System (NAICS) 98:
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Adipic Acid Production........ 325199 All other basic
organic chemical
manufacturing:
Adipic acid
manufacturing.
Aluminum Production........... 331313 Primary aluminum
production
facilities.
Ammonia Manufacturing......... 325311 Anhydrous ammonia
manufacturing
facilities.
Calcium Carbide Production.... 325180 Other basic inorganic
chemical
manufacturing:
calcium carbide
manufacturing.
Carbon Dioxide Enhanced Oil 211120 Oil and gas
Recovery Projects. extraction projects
using carbon dioxide
enhanced oil
recovery.
Caprolactam, Glyoxal, and 325199 All other basic
Glyoxylic Acid Production. organic chemical
manufacturing.
Cement Production............. 327310 Cement manufacturing.
Ceramics Manufacturing........ 327110 Pottery, ceramics,
and plumbing fixture
manufacturing.
327120 Clay building
material and
refractories
manufacturing.
Coke Calcining................ 299901 Coke; coke,
petroleum; coke,
calcined petroleum.
Electronics Manufacturing..... 334111 Microcomputers
manufacturing
facilities.
334413 Semiconductor,
photovoltaic (PV)
(solid-state) device
manufacturing
facilities.
334419 Liquid crystal
display (LCD) unit
screens
manufacturing
facilities;
Microelectromechanic
al (MEMS)
manufacturing
facilities.
Electrical Equipment 33531 Power transmission
Manufacture or Refurbishment. and distribution
switchgear and
specialty
transformers
manufacturing
facilities.
Electricity generation units 221112 Electric power
that report through 40 CFR generation, fossil
part 75. fuel (e.g., coal,
oil, gas).
Electrical Equipment Use...... 221121 Electric bulk power
transmission and
control facilities.
Electrical transmission and 33361 Engine, Turbine, and
distribution equipment Power Transmission
manufacture or refurbishment. Equipment
Manufacturing.
Ferroalloy Production......... 331110 Ferroalloys
manufacturing.
Fluorinated Greenhouse Gas 325120 Industrial gases
Production. manufacturing
facilities.
Geologic Sequestration........ NA CO2 geologic
sequestration sites.
Glass Production.............. 327211 Flat glass
manufacturing
facilities.
327213 Glass container
manufacturing
facilities.
327212 Other pressed and
blown glass and
glassware
manufacturing
facilities.
HCFC-22 Production............ 325120 Industrial gas
manufacturing:
Hydrochlorofluorocar
bon (HCFC) gases
manufacturing.
HFC-23 destruction processes 325120 Industrial gas
that are not collocated with manufacturing:
a HCFC-22 production facility Hydrofluorocarbon
and that destroy more than (HFC) gases
2.14 metric tons of HFC-23 manufacturing.
per year.
Hydrogen Production........... 325120 Hydrogen
manufacturing
facilities.
Industrial Waste Landfill..... 562212 Solid waste landfill.
Industrial Wastewater 221310 Water treatment
Treatment. plants.
Injection of Carbon Dioxide... 211 Oil and gas
extraction.
Iron and Steel Production..... 333110 Integrated iron and
steel mills, steel
companies, sinter
plants, blast
furnaces, basic
oxygen process
furnace (BOPF)
shops.
Lead Production............... 331 Primary metal
manufacturing.
Lime Manufacturing............ 327410 Lime production.
Magnesium Production.......... 331410 Nonferrous metal
(except aluminum)
smelting and
refining: Magnesium
refining, primary.
Nitric Acid Production........ 325311 Nitrogenous
fertilizer
manufacturing:
Nitric acid
manufacturing.
Petroleum and Natural Gas 486210 Pipeline
Systems. transportation of
natural gas.
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221210 Natural gas
distribution
facilities.
211120 Crude petroleum
extraction.
211130 Natural gas
extraction.
Petrochemical Production...... 324110 Petrochemicals made
in petroleum
refineries.
Petroleum Refineries.......... 324110 Petroleum refineries.
Phosphoric Acid Production.... 325312 Phosphatic fertilizer
manufacturing.
Pulp and Paper Manufacturing.. 322110 Pulp mills.
322120 Paper mills.
322130 Paperboard mills.
-----------------------------------------
Miscellaneous Uses of Facilities included elsewhere
Carbonate.
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Municipal Solid Waste 562212 Solid waste
Landfills. landfills.
221320 Sewage treatment
facilities.
Silicon Carbide Production.... 327910 Silicon carbide
abrasives
manufacturing.
Soda Ash Production........... 325180 Other basic inorganic
chemical
manufacturing: Soda
ash manufacturing.
Suppliers of Carbon Dioxide... 325120 Industrial gas
manufacturing
facilities.
Suppliers of Industrial 325120 Industrial greenhouse
Greenhouse Gases. gas manufacturing
facilities.
Titanium Dioxide Production... 325180 Other basic inorganic
chemical
manufacturing:
Titanium dioxide
manufacturing.
Underground Coal Mines........ 212115 Underground coal
mining.
Zinc Production............... 331410 Nonferrous metal
(except aluminum)
smelting and
refining: Zinc
refining, primary.
Importers and Exporters of Pre- 423730 Air-conditioning
charged Equipment and Closed- equipment (except
Cell Foams. room units) merchant
wholesalers.
333415 Air-conditioning
equipment (except
motor vehicle)
manufacturing.
423620 Air-conditioners,
room, merchant
wholesalers.
449210 Electronics and
Appliance retailers.
326150 Polyurethane foam
products
manufacturing.
335313 Circuit breakers,
power,
manufacturing.
423610 Circuit breakers and
related equipment
merchant
wholesalers.
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Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities likely to be
affected by this proposed action. This table lists the types of
facilities that the EPA is now aware could potentially be affected by
this action. Other types of facilities than those listed in the table
could also be subject to reporting requirements. To determine whether
you would be affected by this proposed action, you should carefully
examine the applicability criteria found in 40 CFR part 98, subpart A
(General Provisions) and each source category. Many facilities that are
affected by 40 CFR part 98 have greenhouse gas emissions from multiple
source categories listed in Table 1 of this preamble. If you have
questions regarding the applicability of this action to a particular
facility, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.
AGA American Gas Association
AIM American Innovation and Manufacturing Act of 2020
ANSI American National Standards Institute
API American Petroleum Institute
AR5 Fifth Assessment Report
AR6 Sixth Assessment Report
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
BACT best available control technology
BAMM best available monitoring methods
BCFC bromochlorofluorocarbons
BFC bromofluorocarbons
BOPF basic oxygen process furnace
CAA Clean Air Act
CAS Chemical Abstract Service
CBI confidential business information
CBP U.S. Customs and Border Protection
CCUS carbon capture, utilization, and sequestration
CDC Centers for Disease Control and Prevention
CEMS continuous emission monitoring system
CFC chlorofluorocarbons
CFR Code of Federal Regulations
CGA cylinder gas audit
CF4 perfluoromethane
CH4 methane
CHP combined heat and power
CMA Conference of the Parties serving as the meeting of the Parties
to the Paris Agreement
CO2 carbon dioxide
CO2e carbon dioxide equivalent
COVID-19 Coronavirus 2019
CSA CSA Group
DOC degradable organic carbon
DOE Department of Energy
DRE destruction and removal efficiency
EGU electricity generating unit
e-GGRT electronic Greenhouse Gas Reporting Tool
eGRID Emissions & Generation Resource Database
EF emission factor
EG emission guidelines
EIA Energy Information Administration
EOR enhanced oil recovery
EPA U.S. Environmental Protection Agency
ET Eastern time
FAQ frequently asked question
FR Federal Register
F-GHG fluorinated greenhouse gas
F-HTFs fluorinated heat transfer fluids
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GWP global warming potential
HAWK HFC and ODS Allowance Tracking
HBCFC hydrobromochlorofluorocarbons
HBFC hydrobromofluorocarbons
HCFC hydrochlorofluorocarbons
HCFE hydrochlorofluoroethers
HFC hydrofluorocarbons
HFE hydrofluoroethers
HTF heat transfer fluid
HTS Harmonized Tariff System
ICR Information Collection Request
IPCC Intergovernmental Panel on Climate Change
ISBN International Standard Book Number
ISO International Standards Organization
IVT Inputs Verification Tool
k first order decay rate
kWh kilowatt hour
LDC local distribution company
MECS Manufacturing and Energy Consumption Survey
MEMP Metered Energy Monitoring Plan
mmBtu million British thermal units
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MRV monitoring, reporting, and verification plan
mt metric tons
mtCO2e metric tons carbon dioxide equivalent
MWh megawatt-hour
MSW municipal solid waste
N2O nitrous oxide
NAICS North American Industry Classification System
NIST National Institute of Standards and Technology
NSPS new source performance standards
OMB Office of Management and Budget
PBI proprietary business information
PFC perfluorocarbon
POX partial oxidation
ppm parts per million
PRA Paperwork Reduction Act
PSA pressure swing adsorption
PSD prevention of significant deterioration
QA/QC quality assurance/quality control
RFA Regulatory Flexibility Act
REC renewable energy credit
RY reporting year
SAR Second Assessment Report
SDI Strategic Defense Initiative
SF6 sulfur hexafluoride
SMR steam methane reforming
TRL technology readiness level
TSD technical support document
UIC underground injection control
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
UNFCCC United Nations Framework Convention on Climate Change
WGS water gas shift
WWW World Wide Web
Contents
I. Background
A. How is this preamble organized?
B. Background on This Supplemental Proposed Rule
C. Legal Authority
II. Overview and Rationale for Proposed Amendments to 40 CFR Part 98
A. Revisions to Global Warming Potentials
B. Revisions To Expand Source Categories and Address Potential
Gaps in Reporting of Emissions Data for Specific Sectors
C. Improvements to Existing and Proposed Emissions Estimation
Methodologies
D. Revisions to Reporting Requirements To Improve Verification
and the Accuracy of the Data Collected
E. Technical Amendments, Clarifications, and Corrections
III. Proposed Amendments to Part 98
A. Subpart A--General Provisions
B. Subpart C--General Stationary Fuel Combustion Sources
C. Subpart F--Aluminum Production
D. Subpart G--Ammonia Manufacturing
E. Subpart I--Electronics Manufacturing
F. Subpart N--Glass Production
G. Subpart P--Hydrogen Production
H. Subpart Y--Petroleum Refineries
I. Subpart AA--Pulp and Paper Manufacturing
J. Subpart HH--Municipal Solid Waste Landfills
K. Subpart OO--Suppliers of Industrial Greenhouse Gases
L. Subpart PP--Suppliers of Carbon Dioxide
M. Subpart QQ--Importers and Exporters of Fluorinated Greenhouse
Gases Contained in Pre-Charged Equipment and Closed-Cell Foams
N. Subpart RR--Geologic Sequestration of Carbon Dioxide
O. Subpart UU--Injection of Carbon Dioxide
P. Subpart VV--Geologic Sequestration of Carbon Dioxide With
Enhanced Oil Recovery Using ISO 27916
IV. Proposed Amendments To Add New Source Categories to Part 98
A. Subpart B--Energy Consumption
B. Subpart WW--Coke Calciners
C. Subpart XX--Calcium Carbide Production
D. Subpart YY--Caprolactam, Glyoxal, and Glyoxylic Acid
Production
E. Subpart ZZ--Ceramics Production
V. Schedule for the Proposed Amendments
VI. Proposed Confidentiality Determinations for Certain Data
Reporting Elements
A. Overview and Background
B. Proposed Confidentiality Determinations
C. Proposed Reporting Determinations for Inputs to Emissions
Equations
D. Request for Comments on Proposed Category Assignments,
Confidentiality Determinations, or Reporting Determinations
VII. Impacts of the Proposed Amendments
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Determination under CAA Section 307(d)
I. Background
A. How is this preamble organized?
Section I of this preamble contains background information on the
June 21, 2022 proposed rule (87 FR 36920, hereafter referred to as
``2022 Data Quality Improvements Proposal'') and how the EPA identified
additional information to support further revisions to improve the
GHGRP that are included in this supplemental proposal. This section
also discusses the EPA's legal authority under the Clean Air Act (CAA)
to promulgate (including subsequent amendments to) the GHG Reporting
Rule, codified at 40 CFR part 98 (hereinafter referred to as ``part
98''), and the EPA's legal authority to make confidentiality
determinations for new or revised data elements required by these
amendments or for existing data elements for which a confidentiality
determination has not previously been proposed. Section II of this
preamble describes the types of amendments included in this proposed
rule and includes the rationale for each type of proposed change.
Section III of this preamble is organized by existing part 98 subpart
and contains detailed information on the proposed revisions and the
rationale for the proposed amendments in each section. Section IV of
this preamble describes five newly proposed part 98 subparts and
contains detailed information and rationale for the requirements for
each proposed source category. Section V of this preamble discusses the
proposed schedule for implementing these revisions to part 98. Section
VI of this preamble discusses the proposed confidentiality
determinations for new or substantially revised (i.e., requiring
additional or different data to be reported) data reporting elements,
as well as for certain existing data elements for which the EPA is
proposing a new determination. Section VII of this preamble discusses
the impacts of the proposed amendments. Section VIII of this preamble
describes the statutory and Executive order requirements applicable to
this action.
B. Background on This Supplemental Proposed Rule
In the 2022 Data Quality Improvements Proposal, the EPA proposed
amendments to specific provisions of the GHGRP where we identified
opportunities for improvement, such as where the rule may be modified
to reflect the EPA's current understanding of U.S. GHG emission trends,
or to improve data collection and reporting where additional data may
be necessary to better understand emissions from specific sectors or
inform future policy decisions (87 FR 36920, June 21, 2022). The 2022
Data Quality Improvements Proposal included updates to emission factors
and refinements to existing emissions estimation methodologies to
reflect an improved understanding of emission sources and end uses of
GHGs. Additionally, it proposed to collect additional data to
understand new source categories or new emission sources for specific
sectors; to improve the EPA's understanding of the sector-
[[Page 32856]]
specific processes or other factors that influence GHG emission rates;
to improve verification of collected data; and to provide additional
data to complement or inform other EPA programs. In other cases, we
proposed revisions to resolve gaps in the current coverage of the GHGRP
that leave out potentially significant sources of GHG emissions or end
uses. For example, the proposed revisions included new reporting of
direct air capture as a carbon capture option for suppliers of carbon
dioxide; addition of a new subpart for quantifying geologic
sequestration in association with enhanced oil recovery operations; and
an updated calculation methodology to estimate emissions from large,
atypical release events at oil and gas facilities. The EPA also
proposed revisions that clarify or update provisions that may be
unclear, or where we identified specific provisions in part 98 that
would streamline calculation, monitoring, or reporting to provide
flexibility or increase the efficiency of data collection. Finally, the
EPA also solicited comment on expanding the GHGRP to include several
new source categories that could improve the EPA's understanding of
GHGs, including energy consumption; ceramics production; calcium
carbide production; caprolactam, glyoxal, and glyoxylic acid
production; coke calcining; and CO2 utilization (see section
IV of the 2022 Data Quality Improvements Proposal at 87 FR 37016), as
well as requesting comment on potential future amendments to add new
calculation, monitoring, and reporting requirements.
As stated in the 2022 Data Quality Improvements Proposal, the data
collected under part 98 are used to inform the EPA's understanding of
the relative emissions and distribution of emissions from specific
industries, the factors that influence GHG emission rates, and to
inform policy options and potential regulations. Since publishing the
proposed amendments, the EPA has received or identified new information
to further improve the data collected under the GHGRP, and has
subsequently identified additional amendments that the EPA is putting
forward in this supplemental proposal. Some of the additional
amendments are informed by a review of comments raised by stakeholders
on the 2022 Data Quality Improvements Proposal (e.g., see sections
III.J and III.P of this preamble). Other proposed changes are based on
additional data gaps the EPA has observed in collected data, either
where additional data would improve verification of data reported to
the GHGRP (see section II.D of this preamble) or where additional data
is needed to help our understanding of changing industry emission
trends (see sections II.B and II.C of this preamble). Based on review
of this information, the EPA is proposing additional amendments to part
98, described in sections II through IV of this preamble, that build on
and improve the amendments proposed in the 2022 Data Quality
Improvements Proposal or that would further enhance the quality of part
98 and implementation of the GHGRP.
In some cases, the EPA has identified updated guidance on GHG
estimation methods or advances in the scientific literature. For
example, through this notification, the EPA is proposing a
comprehensive update to the global warming potentials (GWPs) in Table
A-1 to subpart A of part 98, in part to ensure that the GWPs used in
the GHGRP are consistent with those recently agreed upon by the Parties
to the United Nations Framework Convention on Climate Change (UNFCCC)
for purposes of GHG reporting. The Parties specified the agreed-on GWPs
in November 2021 (see section III.A.1 of this preamble), which was too
late to allow the EPA to consider proposing a comprehensive GWP update
in the 2022 Data Quality Improvement Proposal.\1\ We have subsequently
reviewed and are proposing to include updated GWPs in this proposed
rule.
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\1\ Although we proposed changes to certain chemical specific
and default global warming potentials in Table A-1 to subpart A of
part 98 in the 2022 Data Quality Improvements Proposal, these were
limited updates to GWPs of fluorinated GHGs that are not required to
be reported under the UNFCCC because they are not
hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or
nitrogen trifluoride.
---------------------------------------------------------------------------
In other cases, we have identified new data supporting additional
improvements to the calculation, monitoring, and recordkeeping
requirements, including revisions and clarifications not previously
proposed, that would address potential data gaps and improve the
quality of the data collected in the GHGRP. For example, the EPA is
proposing to incorporate additional revisions to the Municipal Solid
Waste (MSW) landfill source category in light of recent aerial studies
that indicate that methane emissions from landfills may be considerably
higher than the methane emissions currently reported under subpart HH
of part 98 (Municipal Solid Waste Landfills). The proposed amendments
incorporate an updated emissions estimation methodology that would
improve the accuracy and coverage of the greenhouse gas data from
landfills. These data would be used to inform the EPA's understanding
of methane emissions from MSW landfills and future policy decisions
under the CAA. For example, the current equations account for fugitive
methane emissions passing through intact cover systems. Collecting
surface emissions data under the proposed revisions would inform the
EPA's understanding of the degree to which breakdown in cover materials
is occurring and the impacts on methane emission rates.
This supplemental proposal also incorporates consideration of
information received in response to our request for comment on certain
topics in the 2022 Data Quality Improvement Proposal. In that proposal,
we requested comment on potential future amendments to improve the
coverage of U.S. GHG emissions and supply captured by the GHGRP. The
EPA has reviewed comments received in response to the call for
information, along with additional data that the EPA has collected, and
is proposing to establish new subparts with specific reporting
provisions under part 98 for the source categories of energy
consumption; coke calciners; ceramics production; calcium carbide
production; and caprolactam, glyoxal, and glyoxylic acid production.
The proposed revisions would improve the data collected under the GHGRP
by better capturing the changing landscape of greenhouse gas emissions,
providing for more complete coverage of U.S. GHG emission sources, and
providing a more comprehensive approach to understanding GHG emissions.
For other revisions, we are proposing to clarify or correct
specific proposed provisions of the 2022 Data Quality Improvements
Proposal. For instance, we are proposing to clarify the applicability
requirements of proposed subpart VV of part 98 (Geologic Sequestration
of Carbon Dioxide With Enhanced Oil Recovery Using ISO 27916), a new
subpart for quantifying geologic sequestration in association with
enhanced oil recovery (EOR) operations, which was included in the 2022
Data Quality Improvements Proposal. Following the initial proposal, we
received feedback from stakeholders highlighting ambiguity in the
applicability of the proposed source category and questioning whether
EOR operators electing to use the International Standards Organization
(ISO) standard designated as CSA Group (CSA)/American National
Standards Institute (ANSI) ISO 27916:2019, Carbon Dioxide Capture,
Transportation
[[Page 32857]]
and Geological Storage--Carbon Dioxide Storage Using Enhanced Oil
Recovery (CO2-EOR) (hereafter referred to as ``CSA/ANSI ISO
27916:2019''), must mandatorily report under the new proposed subpart
VV or would have the option to continue reporting under subpart UU
(Injection of Carbon Dioxide). We are proposing the applicability of
the source category in this supplemental notification to better reflect
our initial intent, which was that operators electing to use CSA/ANSI
ISO 27916:2019 to quantify geologic sequestration of CO2
would be required to report under subpart VV, and proposing harmonizing
revisions to subpart UU (Injection of Carbon Dioxide). This
supplemental proposal provides information about these proposed updates
for public review and comment.
This supplemental proposal does not address implementation of
provisions of the Inflation Reduction Act which was signed into law on
August 16, 2022. Section 60113 of the Inflation Reduction Act amended
the CAA by adding section 136, ``Methane Emissions and Waste Reduction
Incentive Program for Petroleum and Natural Gas Systems.'' The EPA
intends to take one or more separate actions in the coming months
related to implementation of the Methane Emissions and Waste Reduction
Incentive Program, including a future rulemaking to propose revisions
to certain requirements of subpart W of part 98 (Petroleum and Natural
Gas Systems). Accordingly, the Methane Emissions and Waste Reduction
Incentive Program is outside the scope of this supplemental proposed
rule.
C. Legal Authority
The EPA is proposing these rule amendments under its existing CAA
authority provided in CAA section 114. As stated in the preamble to the
Mandatory Reporting of Greenhouse Gases final rule (74 FR 56260,
October 30, 2009) (hereinafter referred to as ``2009 Final Rule''), CAA
section 114(a)(1) provides the EPA broad authority to require the
information proposed to be gathered by this rule because such data
would inform and are relevant to the EPA's carrying out of a variety of
CAA provisions. See the preambles to the proposed GHG Reporting Rule
(74 FR 16448, April 10, 2009) (hereinafter referred to as ``2009
Proposed Rule'') and the 2009 Final Rule for further information.
II. Overview and Rationale for Proposed Amendments to 40 CFR Part 98
In general, this supplemental proposal includes the following
proposed revisions to better inform EPA policies and programs under the
CAA:
Revisions to Table A-1 to the General Provisions of part
98 to include updated GWPs to reflect advances in scientific knowledge
and better characterize the climate impacts of certain GHGs, including
agreed-upon values established by the UNFCCC, and to maintain
comparability and consistency with the Inventory of U.S. Greenhouse Gas
Emissions and Sinks \2\ (hereafter referred to as ``the Inventory'')
and other analyses produced by the EPA;
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\2\ The EPA's GHG Inventory is available at https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks.
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Revisions to expand source categories or add new source
categories to address potential gaps in reporting of emissions data for
specific sectors in order to improve the accuracy and completeness of
the data provided by the GHGRP;
Revisions to refine existing calculation methodologies to
reflect an improved understanding of emissions sources and end uses of
GHGs, to incorporate more recent research on GHG emissions or
formation, or to improve verification of reported emissions;
Revisions to add or modify reporting requirements to
eliminate data gaps and improve verification of emissions estimates;
and
Revisions that clarify requirements that reporters have
previously found vague to ensure that accurate data are being
collected, and editorial corrections or harmonizing changes that would
improve the public's understanding of the rule.
Overall, the proposed changes in this supplemental notification
would provide a more comprehensive, nationwide GHG emissions profile
reflective of the origin and distribution of GHG emissions in the
United States and would more accurately inform EPA policy options for
potential regulatory or non-regulatory CAA programs. The EPA
additionally uses the data from the GHGRP, which would include data
from these proposed changes, to improve estimates used in the
Inventory.
Sections II.A through II.E of this preamble provide additional
rationale for the proposed changes. Details for the specific amendments
proposed for each subpart are included in sections III and IV of this
preamble. We are seeking public comment only on the proposed revisions
and issues specifically identified in this supplemental notification
for the identified subparts. We expect to deem any comments received in
response to this notification that address other aspects of 40 CFR part
98 to be outside of the scope of this supplemental proposed rulemaking.
A. Revisions to Global Warming Potentials
Table A-1 to subpart A of 40 CFR part 98 (``Table A-1'') is a
compendium of chemical-specific and default GWP values of GHGs that are
required to be reported under one or more subparts of the GHG Reporting
Rule. These GWPs are used to convert tons of chemical into tons of
CO2-equivalent (CO2e) for purposes of various
calculations and reporting under the rule. The EPA is proposing
revisions to Table A-1 to update the chemical-specific GWP values of
certain GHGs to reflect GWPs from the IPCC Fifth Assessment Report
(hereinafter referred to as ``AR5'') \3\ and, for certain GHGs that do
not have chemical-specific GWPs listed in AR5, to adopt GWP values from
the IPCC Sixth Assessment Report (hereinafter referred to as
``AR6'').\4\ The EPA is also proposing to revise and expand the set of
default GWPs in Table A-1, which are applied to GHGs for which peer-
reviewed chemical-specific GWPs are not available. With these changes,
the GWP values in Table A-1 would reflect more recent science regarding
the atmospheric impacts of non-CO2 GHGs, and the GWP values
used for the GHGRP would continue to be consistent with the GWP values
used for the Inventory and other EPA programs. (As
[[Page 32858]]
discussed further below, the Inventory incorporates the GWP values
agreed on by the parties to the UNFCCC, who agreed to use the GWP
values in AR5 beginning in 2024.)
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\3\ IPCC, 2013: Climate Change 2013: The Physical Science Basis.
Contribution of Working Group I to the Fifth Assessment Report of
the Intergovernmental Panel on Climate Change [Stocker, T.F., D.
Qin, G.-K. Plattner, M. Tignor, S.K. Allen, J. Boschung, A. Nauels,
Y. Xia, V. Bex and P.M. Midgley (eds.)]. Cambridge University Press,
Cambridge, United Kingdom and New York, NY, USA, 1535 pp. The GWPs
are listed in Table 8.A.1 of Appendix 8.A: Lifetimes, Radiative
Efficiencies and Metric Values, which appears on pp. 731-737 of
Chapter 8, ``Anthropogenic and Natural Radiative Forcing.''
\4\ Smith, C., Z.R.J. Nicholls, K. Armour, W. Collins, P.
Forster, M. Meinshausen, M.D. Palmer, and M. Watanabe, 2021: The
Earth's Energy Budget, Climate Feedbacks, and Climate Sensitivity
Supplementary Material. In Climate Change 2021: The Physical Science
Basis. Contribution of Working Group I to the Sixth Assessment
Report of the Intergovernmental Panel on Climate Change [Masson-
Delmotte, V., P. Zhai, A. Pirani, S.L. Connors, C. P[eacute]an, S.
Berger, N. Caud, Y. Chen, L. Goldfarb, M.I. Gomis, M. Huang, K.
Leitzell, E. Lonnoy, J.B.R. Matthews, T.K. Maycock, T. Waterfield,
O. Yelek[ccedil]i, R. Yu, and B. Zhou (eds.)]. Available from
www.ipcc.ch/ The AR6 GWPs are listed in Table 7.SM.7, which appears
on page 16 of the Supplementary Material.
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As discussed in this section of the preamble, the GWP values
currently in Table A-1 to part 98 are drawn both from the IPCC Fourth
Assessment Report \5\ (hereinafter referred to as ``AR4'') and, for
multiple GHGs that do not have GWPs listed in AR4, from AR5. The
proposed GWP values are drawn from AR5, and for multiple GHGs that do
not have GWPs listed in AR5, from AR6. Consistent with our approach
since the inception of the GHGRP, we are proposing to adopt the AR5 and
AR6 GWPs based on a 100-year time horizon. Note that these proposed
revisions are in addition to the 2022 Data Quality Improvements
Proposal to add a chemical-specific GWP of 0.14 for carbonic difluoride
and to expand the fluorinated greenhouse gas (F-GHG) group for several
types of unsaturated compounds to include additional types of
unsaturated compounds. GWPs that have been newly evaluated or
reevaluated in the peer-reviewed scientific literature are periodically
consolidated and published by the IPCC. Since 1990, there have been six
IPCC Assessment Reports, each of which included a set of revised and
expanded GWPs. For purposes of reporting their GHG emissions under the
UNFCCC, the Parties to the UNFCCC have successively adopted the 100-
year GWPs in three of the IPCC Assessment Reports, beginning with the
SAR, advancing to AR4 and, starting in 2024, moving to AR5.
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\5\ IPCC Fourth Assessment Report (AR4), 2007. Climate Change
2007: The Physical Science Basis. Contribution of Working Group I to
the Fourth Assessment Report of the Intergovernmental Panel on
Climate Change [Core Writing Team, Pachauri, R.K and Reisinger, A.
(eds.)]. IPCC, Geneva, Switzerland, 104 pp.
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Published in 2014, AR5 includes revised GWPs for the GHGs with GWPs
in AR4 as well as for multiple additional GHGs. The revised GWPs
reflect advances in scientific knowledge on the radiative efficiencies,
atmospheric lifetimes, and other characteristics of these GHGs and of
CO2, and they also account for the growing background
concentrations of GHGs (particularly CO2) in the
atmosphere.\6\ AR5 therefore reflects an improved scientific
understanding of the radiative effects \7\ of these gases in the
atmosphere. As noted in the preamble to the 2009 Final Rule, it is the
EPA's intent to periodically update Table A-1 through notice and
comment rulemaking as GWPs are evaluated or re-evaluated by the
scientific community (74 FR 56348; October 30, 2009). Further, as noted
in the preamble to the 2013 Revisions to the Greenhouse Gas Reporting
Rule and Final Confidentiality Determinations for New or Substantially
Revised Data Elements (78 FR 71904, 71911; November 29, 2013, hereafter
``the 2013 Final Rule''), which updated GWPs in Table A-1, ``each
successive assessment provides more accurate GWP estimates as
experiments and improved computational methods lead to more accurate
estimates of the radiative efficiencies, atmospheric lifetimes, and
indirect effects of the various gases. Additionally, the more recent
assessments reflect more up-to-date background concentrations, which
are necessary for accurately calculating the radiative efficiency of
the different gases.'' Therefore, adopting the GWP values in AR5 (and
in AR6 for GHGs that do not have GWPs in AR5) would support the overall
goals of the GHGRP to collect high-quality GHG data and to incorporate
metrics that reflect scientific updates as they are adopted.
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\6\ Increasing background concentrations of a GHG in the
atmosphere can lower the impact of subsequent emissions.
\7\ Radiative forcing is the measurement of the capacity of a
gas or other forcing agent to affect the balance of energy in
Earth's atmosphere based in the difference in incoming solar
radiation and outgoing infrared radiation.
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The proposed changes to Table A-1 would also ensure that the data
collected in the GHGRP can be compared to the data collected and
presented by other EPA programs and by national and international GHG
inventories. The proposed changes, with a proposed effective date of
January 1, 2025 (therefore applicable to data submitted for calendar
year/reporting year 2024, i.e., RY2024),\8\ would maintain long-term
consistency between the GHGRP GWPs and the GWPs used for the Inventory,
which are scheduled to change from the AR4 GWPs to the AR5 GWPs for the
1990-2022 Inventory.\9\
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\8\ As discussed in section III.A.2 of the preamble, current 40
CFR 98.3(k) provides that facilities or suppliers that first become
subject to any subpart of part 98 solely due to an amendment to
Table A-1 are not required to submit an annual GHG report (or, for
facilities or suppliers that already report under the GHGRP, a
report for the subpart to which they are newly subject) for the
reporting year during which the change in GWPs is published.
However, they are required to begin monitoring their emissions and
supplies for the subpart(s) to which they are newly subject
beginning on January 1 of the year following publication of the
amendment to Table A-1.
\9\ Due to the time required to complete this proposed rule to
adopt the AR5 GWPs, if this proposed rule is finalized, emissions
from at least two years, 2022 and 2023, would be weighted by
different sets of GWPs under part 98 and the Inventory.
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The Inventory is a comprehensive assessment of U.S. GHG emissions
based on national-level data and follows the reporting guidelines set
by the UNFCCC.\10\ The United States is a party to the UNFCCC and
submits the Inventory to the Secretariat of the UNFCCC as part of
annual obligations under the treaty. To ensure consistency and
comparability with national inventory data submitted by other UNFCCC
Parties, the Inventory submitted to the UNFCCC uses internationally
accepted methods and common reporting metrics agreed upon by the
Parties (including the United States) to develop and characterize
emission estimates.
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\10\ See Articles 4 and 12 of the Convention on Climate Change.
Parties to the Convention, by ratifying, ``shall develop,
periodically update, publish and make available * * * national
inventories of anthropogenic emissions by sources and removals by
sinks of all greenhouse gases not controlled by the Montreal
Protocol, using comparable methodologies * * *.'' See https://unfccc.int/resource/docs/convkp/conveng.pdf.
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As described in the preamble of the 2009 Proposed Rule, the GHGRP
is intended to gather information that is relevant to the EPA's
carrying out a wide variety of CAA provisions, with the goal of
supplementing and complementing existing U.S. Government programs
related to climate policy and research, including the Inventory
submitted to the UNFCCC. The GHGRP provides data that can inform
analysis of potential U.S. climate policies and programs, which is also
one of the uses for the data developed for the Inventory. The GHGRP
complements the Inventory and other U.S. programs by providing data
from certain individual facilities and suppliers, generally those above
certain thresholds. Collected facility, unit, and process-level GHG
data from the GHGRP are also used to develop and confirm the national
statistics and emission estimates presented in the Inventory, which are
calculated using aggregated national data.
Throughout the development and implementation of the GHG Reporting
Rule, the EPA has proposed and finalized calculation methodologies and
reporting metrics that were consistent with the international reporting
standards under the UNFCCC. This approach has allowed the data
collected under the GHGRP to be easily compared to the data in the
Inventory and to data from other national and international programs,
facilitating the analysis of potential U.S. climate policies and
programs. Specifically, in the 2009 Final Rule, the EPA generally
promulgated
[[Page 32859]]
GWP values published in the IPCC Second Assessment Report \11\
(hereafter referred to as ``SAR GWP values'') to convert mass emissions
(or supplies) of each GHG into a common unit of measure,
CO2e, for final reporting. Although the IPCC published AR4
prior to publication of the 2009 Final Rule, the UNFCCC continued to
require the use of SAR GWP values for reporting in the Inventory at the
time the rule was promulgated, and up until 2014.\12\ In the 2013 Final
Rule, the EPA revised the GHGRP's GWP values, after consideration of a
UNFCCC decision reached by UNFCCC member parties and published on March
15, 2012, to require countries submitting an annual inventory report in
2015 and beyond to use AR4 GWP values.\13\ The 2013 Final Rule adopted
the IPCC AR4 GWP values in Table A-1, in part in order to maintain
comparability and consistency with the updated international reporting
standards under the UNFCCC and the revised requirements for official
emission estimates to be reported by the United States and other
parties. Following the 2013 Final Rule, the EPA published a separate
rule to add GWPs to Table A-1 for a number of F-GHGs and fluorinated
heat transfer fluids (F-HTFs) for which GWPs were not provided in AR4
or previous scientific assessments (79 FR 73750, December 11, 2014,
hereinafter referred to as the ``2014 Fluorinated GHG Final
Rule'').\14\ The 2014 Fluorinated GHG Final Rule included chemical-
specific GWPs primarily drawn from AR5, as well as default GWPs
intended for F-GHGs and F-HTFs for which peer-reviewed GWPs were not
available in AR4, AR5, or other sources. The default GWPs were
calculated and applied to 12 fluorinated GHG groups composed of
compounds with similar chemical structures, atmospheric lifetimes, and
GWPs, and were based on the average GWPs of the chemically similar
fluorinated GHGs for which a chemical-specific GWP was available in
Table A-1 or AR5. As such, the changes from the 2014 Fluorinated GHG
Final Rule reflected the latest scientific consensus regarding F-GHGs
that did not have GWPs in earlier assessments and expanded the number
of compounds reflected in Table A-1, resulting in more accurate and
complete estimates of GHG emissions. At the same time, the 2014
Fluorinated GHG Final Rule maintained consistency between the GHGRP and
the Inventory by retaining the AR4 GWP values where those were
available.
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\11\ IPCC Second Assessment Report (SAR), 1995. Climate Change
1995: The Science of Climate Change, Contribution of Working Group I
to the Second Assessment Report of the Intergovernmental Panel on
Climate Change [Houghton, J.T.; Meira Filho, L.G.; Callander, B.A.;
Harris, N.; Kattenberg, A.; Maskell, K. (eds.)., Cambridge
University Press, Cambridge, United Kingdom, 572 pp.
\12\ As discussed further in this section of this preamble, the
EPA did adopt AR4 values in 2009 for GHGs that did not have SAR GWP
values because doing so increased the accuracy and completeness of
the GWP-weighted emissions calculated and reported under the GHGRP
without introducing any inconsistency with UNFCCC reporting.
\13\ Refer to https://unfccc.int/. See Decision 15/CP.17,
Revision of the UNFCCC reporting guidelines on annual inventories
for Parties included in Annex I to the Convention.
\14\ As noted in the 2014 Fluorinated GHG Final Rule, the
addition of GWPs for compounds that did not have GWPs in AR4 was
consistent with the UNFCCC Reporting Guidelines, which ``strongly
encourage'' Annex I Parties ``to also report emissions and removals
of additional GHGs'' (i.e., GHGs whose GWPs are not included in
AR4).
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In the 2013 Final Rule, we noted ``the EPA may consider adoption of
AR5 GWPs or other GWP values for compounds currently listed in Table A-
1 (i.e., compounds for which AR4 GWPs are currently listed in Table A-
1) if these values are adopted by the UNFCCC and the global community''
(78 FR 71912; November 29, 2013).
In December 2018, the Parties to the UNFCCC agreed to require use
of the 100-year time-horizon GWP values from AR5 in annual inventory
reports submitted in 2024 and future years.\15\ In November 2021, the
parties clarified which of the two sets of GWPs in AR5 were to be used:
those in Table 8.A.1.\16\ Accordingly, the United States has an annual
commitment to submit the Inventory for 2024 and subsequent years using
the revised AR5 GWP values in Table 8.A.1. The Inventory for 2024 will
contain national-level estimates of emissions for each year from 1990-
2022. In order to ensure that the GHGRP continues to rely on recent
scientific data and uses methods consistent with UNFCCC guidelines, as
the EPA intended in the development of the 2009 Final Rule and in
revisions to the GHGRP since then, we are proposing to revise the GWP
values in Table A-1 of part 98 to reflect updated AR5 GWP values, which
would apply to annual reports beginning with RY2024. The proposed
changes would continue to keep the reporting metrics in part 98
consistent with the updated international reporting standards followed
by the Inventory and allow the GHGRP to continue to provide the
additional benefit of complementing and informing the Inventory
submitted to the UNFCCC.\17\
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\15\ Refer to https://unfccc.int/. See Annex to Decision 18/
CMA.1, paragraph 37. ``Each Party shall use the 100-year time-
horizon global warming potential (GWP) values from the IPCC Fifth
Assessment Report, or 100-year time-horizon GWP values from a
subsequent IPCC assessment report as agreed upon by the [Conference
of the Parties serving as the meeting of the Parties to the Paris
Agreement] (CMA), to report aggregate emissions and removals of
GHGs, expressed in CO2 eq.''
\16\ Decision 5/CMA.3, paragraph 25 reads ``the 100-year time-
horizon global warming potential values referred to in decision 18/
CMA.1, annex, paragraph 37, shall be those listed in Table 8.A.1 of
the Fifth Assessment Report of the Intergovernmental Panel on
Climate Change, excluding the value for fossil methane.'' See
https://unfccc.int/sites/default/files/resource/CMA2021_L10a2E.pdf.
\17\ The updates to Table A-1 would not affect the GWP-weighted,
CO2-equivalent totals certified by facilities or
suppliers in their annual reports for reporting years before RY2023.
However, to ensure that GWP-weighted totals are used in analyses and
displayed to the public in a consistent manner from RY2010/2011
through RY2023 and later years, the updated GWPs would be applied to
the entire time series in analyses and in EPA's Facility Level
Information on GreenHouse gases Tool (FLIGHT) at https://ghgdata.epa.gov/ghgp/main.do. This approach is consistent with the
approach taken for previous updates of Table A-1. See, e.g., 78 FR
71937.
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For GHGs that do not have GWPs in AR5 but do have GWPs in AR6, we
are proposing to adopt the AR6 GWPs. Currently, default GWPs are
applied to these compounds based on the fluorinated GHG group to which
they belong. While the default GWPs are, on average, expected to be
reasonably accurate across the fluorinated GHGs within a fluorinated
GHG group, the AR6 GWP for an individual compound is expected to be
more accurate for that compound than the corresponding default GWP.
This is because the AR6 GWP takes into consideration the radiative
efficiency and atmospheric lifetime of the individual compound. Thus,
adopting the AR6 GWPs for GHGs that do not have GWPs in AR5 is expected
to improve the accuracy with which the atmospheric impacts of the gases
are reflected in annual reports, threshold determinations, and other
calculations. The specific changes that we are proposing to Table A-1
and the rationale for the GWPs proposed to be adopted are described
further in section III.A.1 of this preamble.
We recognize that some other EPA programs use the GWP values in
Table A-1 to determine the applicability of their individual program
requirements to direct emitters or suppliers above certain thresholds.
Issues related to other EPA programs that use the GHGRP GWP values in
Table A-1 are outside the scope of this proposed rule. To the extent
that a Table A-1 amendment raises such questions or concerns, please
work with the respective EPA office for that other EPA program. We also
recognize that non-EPA programs use the GWP values in Table A-1 to part
98. Issues related to non-EPA programs that use the GHGRP GWP values in
[[Page 32860]]
Table A-1 are also outside the scope of this proposed rule. As
explained in this section above, this rulemaking proposes to update
GWPs for the GHGRP consistent with recent science and the intent the
EPA expressed at the time the GHGRP was first promulgated. Thus, under
this supplemental proposal, we are seeking comments on the specific GWP
values proposed in this action for the GHGRP.
B. Revisions To Expand Source Categories and Address Potential Gaps in
Reporting of Emissions Data for Specific Sectors
In the 2022 Data Quality Improvements Proposal, the Agency stated
that it was considering future revisions to the GHG Reporting Rule to
potentially expand existing source categories or develop new source
categories that would add calculation, monitoring, reporting, and
recordkeeping requirements for certain sectors of the economy.
Specifically, the 2022 Data Quality Improvements Proposal solicited
comment on the potential addition of GHG reporting requirements related
to energy consumption; CO2 utilization; ceramics production;
calcium carbide production; caprolactam, glyoxal, and glyoxylic acid
production; and coke calcining. The EPA solicited comment on these six
source categories where we identified that additional data from these
emission sources would help eliminate data gaps, improve the coverage
of the GHGRP, and better inform future EPA policy and programs under
the CAA. We identified cases where certain emission sources may
potentially contribute significant GHG emissions that are not currently
reported, or where facilities representative of these source categories
may currently report under another part 98 source category using
methodologies that may not provide complete or accurate emissions. We
also identified where the inclusion of potential source categories
would improve the completeness of the emissions estimates presented in
the Inventory, such as collection of data on ceramics production,
calcium carbide production, and caprolactam, glyoxal, and glyoxylic
acid production. The 2022 Data Quality Improvements Proposal also
included similar amendments to add reporting of new emissions or
emissions sources for certain existing sectors to address potential
gaps in reporting, e.g., where we proposed to add requirements for the
monitoring, calculation, and reporting of F-GHGs other than
SF6 and perfluorocarbons (PFCs) under subpart DD (Electrical
Equipment and Distribution Equipment Use) to account for the
introduction of alternative technologies and replacements for
SF6, including fluorinated gas mixtures such as
fluoronitriles or fluoroketones mixed with carrier gases, as a
replacement for dielectric insulation gases (87 FR 37000; June 21,
2022).
Following the June 21, 2022 request for comment, the EPA has
reviewed information provided from stakeholders and considered
additional data to further support the development of reporting
requirements for five source categories. After that consideration, we
are proposing to add annual reporting requirements for greenhouse gases
from the following sources categories in new subparts to part 98 as
follows: subpart B (Energy Consumption); subpart WW (Coke Calciners);
subpart XX (Calcium Carbide Production); subpart YY (Caprolactam,
Glyoxal, and Glyoxylic Acid Production); and subpart ZZ (Ceramics
Production). As explained in the 2022 Data Quality Improvements
Proposal, the collection of such data would continue to inform, and are
relevant to, the EPA's carrying out a wide variety of CAA provisions.
Additional information on the data and rationale informing the proposed
definition of the source category, reporting thresholds, calculation,
monitoring, quality assurance, missing data, verification, and data
reporting and recordkeeping requirements for these five proposed new
source categories are included in section IV of this preamble.
The EPA is also proposing amendments that would expand the coverage
of the GHGRP for one subpart not included in the 2022 Data Quality
Improvements Proposal. Since the publication of the proposed rule, we
have identified a gap in coverage for certain emission sources, where
revisions to existing applicability and reporting requirements would
help the EPA to better understand and track emissions in specific
sectors and better inform future EPA policy and programs under the CAA.
In this supplemental proposal, we are proposing to amend the
applicability of subpart P (Hydrogen Production) to expand reporting to
include all hydrogen plants. The current source category definition in
subpart P is limited to merchant hydrogen production facilities,
including facilities that sell hydrogen and that may be located within
another facility if they are not owned by, or under the direct control
of, the other facility's owner and operator. The current definition
inadvertently excludes non-merchant hydrogen production facilities
(i.e., facilities that do not sell hydrogen or captive hydrogen
plants). Although some non-merchant hydrogen production facilities may
report under subpart Y (Petroleum Refineries), the EPA has identified
that there may be other non-merchant or captive hydrogen plants whose
emissions are not currently captured by part 98. The proposed
amendments would address this gap in reporting and allow the EPA to
better understand and track emissions from these facilities, which
would better inform future EPA policy and programs under the CAA.
Section III.G of this preamble provides additional information on the
proposed amendments.
Additionally, we are proposing to amend subpart HH (Municipal Solid
Waste Landfills) to expand reporting to account for methane emissions
from large releases that are currently not quantified under the GHGRP.
Specifically, we are proposing to revise calculation methodologies in
subpart HH to account for cover system leaks to better account for
large release events. The EPA has identified recent studies indicating
that methane emissions from landfills may be considerably higher than
what is currently reported to part 98 due to emissions from poorly
operating gas collection systems or destruction devices and cover
system leaks. We are proposing to revise the monitoring and calculation
methodologies in subpart HH to account for these scenarios.
Specifically, we note that owners or operators of landfills with gas
collection systems subject to the control requirements in the new
source performance standards (NSPS) as implemented in 40 CFR part 60,
subparts WWW or XXX, emission guidelines (EG) as implemented in 40 CFR
part 60, subparts Cc or Cf, or the Federal plan as implemented in 40
CFR part 62, subparts GGG and OOO are required to conduct surface
methane concentration measurements to ensure proper operation of the
gas collection system. We are proposing that subpart HH reporters with
landfills for which surface methane concentration measurements are
conducted under the NSPS, EG, or Federal plan would estimate emissions
for cover leaks based on a count of the number of exceedances
identified during the surface measurement period and the proposed
revised equations HH-6, HH-7, and HH-8 to adjust reported methane
emissions to account for these exceedances. Subpart HH reporters with
landfills with gas collection systems that are not required to conduct
surface methane concentration measurements under the NSPS, EG, or
Federal plan may elect to conduct these
[[Page 32861]]
measurements according to the method provided in the proposal and
adjust the emissions based on the number of exceedances identified. If
such subpart HH reporters do not elect to conduct such measurements,
the EPA is proposing that reporters with these landfills would use a
surface methane collection efficiency that is 10 percent lower than for
landfills with gas collection systems that are conducting surface
methane concentration measurements. These proposed amendments would
address a potentially large subset of emissions that are currently
omitted in reporting and improve the EPA's understanding of emissions
from these facilities. The improved data would subsequently better
inform Agency policies and programs under the CAA.
C. Improvements to Existing Emissions Estimation Methodologies
The EPA is proposing several additional revisions to modify
calculation equations to incorporate refinements to methodologies based
on an improved understanding of emission sources. In the 2022 Data
Quality Improvements Proposal, we identified amendments to emission
estimation methodologies where there are discrepancies between
assumptions in the current emission estimation methods and the
processes or activities conducted at specific facilities, or where we
identified more recent studies on GHG emissions or formation that
reflect updates to scientific understanding of GHG emissions sources.
We proposed changes that are intended to improve the quality and
accuracy of the data collected under the GHGRP, increase our
understanding of the relative distribution of GHGs that are emitted,
and better reflect GHG end uses or where GHGs are bound in products.
Since the development of the 2022 Data Quality Improvements
Proposal, we have identified several calculation provisions of part 98
that would benefit from amendments that update, clarify, or improve the
calculation methodology. For example, we are proposing to revise
calculation methodologies in subpart HH (Municipal Solid Waste
Landfills) to more clearly delineate the calculations needed when there
are multiple landfill gas recovery systems in place. During
verification of subpart HH reports, we identified issues in how the
electronic Greenhouse Gas Reporting Tool (e-GGRT) system calculates
emissions when multiple control devices are associated with a single
measurement location and when multiple measurement locations may be
used for a single recovery system. If a single recovery system is used,
but an additional measurement location is added to the system in mid-
year, the ``fRec,c'' term associated with the new
measurement location (currently, the fraction of annual operating hours
the associated recovery system was operating) is calculated as 0.5 and
assumes the recovery system operated only half the year. The current
equations (equations HH-7 and HH-8) are set up with the assumption that
each measurement location is associated with a single recovery system,
however this is not always the case. We also found errors in
determining the ``fDest'' term (fraction of annual hours the
destruction device was operating) in equations HH-6 and HH-8 when
multiple destruction devices are used for a single measurement
location. If, for example, a measurement location operates continuously
(8,760 hours per year), with flow from the measurement location
directed to an engine (approximately 8,400 hours per year), diverted to
a flare when the engine is down for maintenance (approximately 360
hours per year), and if the control devices were operating at all times
gas was directed to the device, the fDest term should be 1
for each device. However, the fDest term is often calculated
as the average of 0.959 (8400/8760) and 0.041 (360/8760), resulting in
a value of 0.5. Therefore, we are proposing revisions to equations HH-
6, HH-7, and HH-8 to more clearly define these terms, as well as to
adjust the equations to be able to account for landfills with multiple
gas collection systems or for a single gas collection system with
multiple measurement locations. These proposed revisions would improve
the quality and accuracy of the data collected under subpart HH.
We are proposing to clarify the calculation methodology for
reporters whose hydrogen unit routes process emissions to a stack with
CEMS, but fuel combustion emissions from the unit are routed to a
different stack which is not monitored with a CEMS. The proposed rule
would require reporters to calculate the CO2 emissions from
fuel combustion from the hydrogen process unit using the mass balance
equations in subpart P (Hydrogen Production) considering only fuel
inputs and report the sum of these emissions plus the process
CO2 emissions measured by the CEMS. The proposed amendments
would clarify the reporting requirements for cases where hydrogen
production process and combustion emissions are emitted through
separate stacks and the process emissions are measured with a CEMS, but
the combustion emissions are not.
We are also proposing to revise subpart AA (Pulp and Paper
Manufacturing) to add a calculation methodology for biogenic
CO2 emissions from the combustion of biomass other than
spent liquor solids. The rule currently only includes methodologies to
calculate CO2, CH4, and N2O emissions
from the combustion of fossil fuels, and CH4,
N2O, and biogenic CO2 emissions from the
combustion of spent liquor solids. Therefore, we are proposing to add
methodologies to calculate CH4, N2O, and biogenic
CO2 emissions from the combustion of biomass fuels other
than spent liquor solids, as well as the combustion of biomass other
than spent liquor solids with other fuels. The proposed amendments
would provide a more accurate accounting of CO2 and biogenic
CO2 for subpart AA units in this situation. See section
III.I of this preamble for additional information.
D. Revisions To Reporting Requirements To Improve Verification and the
Accuracy of the Data Collected
In the 2022 Data Quality Improvements Proposal, the EPA proposed
several revisions to existing reporting requirements to improve the
quality of the data that are currently reported, to collect more useful
data to improve verification of reported data, to better characterize
U.S. GHG emissions and trends, and to extend the usefulness of the
GHGRP to inform and improve the EPA's ability to carry out other CAA
programs. See section II.A.4 of the 2022 Data Quality Improvements
Proposal for additional information. In this supplemental proposal, the
EPA is proposing new revisions to reporting requirements where we have
identified additional data that would further support these goals and
improve the quality of the GHGRP.
In some cases, the EPA is proposing to collect additional
information that would better inform the development of GHG policies
and programs by providing information on GHG uses and their relative
importance in specific sectors. For example, we are proposing to add
reporting requirements to subpart OO (Suppliers of Industrial
Greenhouse Gases) to require industrial gas suppliers to identify the
end-use applications for which F-HTFs are used and the approximate
quantities used in each application. The EPA recently proposed a
similar requirement for N2O, PFCs, and SF6 in the
2022 Data Quality Improvements Proposal; this supplemental notification
extends the proposed revisions to include F-HTFs
[[Page 32862]]
to better account for emissions from the use and distribution of F-HTFs
which are not otherwise accounted for in the current source categories
under part 98. See section III.K of this preamble for additional
information.
The proposed revisions would also provide more useful data that
would improve verification of reported data. For example, we are
proposing to revise the existing reporting and recordkeeping
requirements in subpart N (Glass Production) for both facilities using
continuous electronic monitoring systems (CEMS) and non-CEMS facilities
(i.e., facilities that use a mass balance calculation method) to
require reporting and recordkeeping of the annual amounts of recycled
scrap glass (cullet) used as a raw material. The EPA is proposing to
collect this information because the use of cullet, which contains no
carbonates that can be converted to CO2 emissions, can lead
to reductions in emissions from the production of various glass types.
The proposed data element would help to inform the EPA's understanding
of the variations and differences in emissions estimates within this
sector, improve understanding of industry trends, and improve
verification of collected data. As discussed in section II of this
preamble and in prior amendments, the GHGRP is intended to supplement
and complement other EPA programs by advancing the understanding of
emission processes and monitoring methodologies for particular source
categories or sectors.
Similarly, for subpart Y (Petroleum Refineries), we are proposing
to include a requirement to report the capacity of each asphalt blowing
unit. Although subpart Y currently includes unit-level capacity
reporting requirements for other emission units (e.g., catalytic
cracking units, fluid coking units, sulfur recovery plants, coke
calcining units, delayed coking units), the EPA lacks data on the
capacities of asphalt blowing units. Individual unit information allows
the EPA to aggregate emissions according to unit type and size and
provides a better understanding of the emissions from specific unit
types. Therefore, the proposed revisions to subpart Y would improve
emissions analysis and verification for these units.
The proposed changes to reporting requirements in this supplemental
notification would further enable the EPA to obtain data that is of
sufficient quality that it can be used to support a range of future
climate change policies and regulations, in keeping with the EPA's CAA
section 114 authorities.
E. Technical Amendments, Clarifications, and Corrections
This supplemental proposal includes several other proposed
technical amendments, corrections, and clarifications that have been
identified following the 2022 Data Quality Improvements Proposal and
that would improve understanding of the rule. The proposed amendments
include revisions that better reflect the EPA's intent and include
editorial changes, revisions that resolve uncertainties in the
regulatory text, and amendments that would increase the likelihood that
reporters will submit accurate reports. Some of the proposed changes
result from consideration of questions raised by reporters through the
GHGRP Help Desk or e-GGRT. For example, we are proposing to add a
definition for the term ``offshore'' to subpart RR (Geologic
Sequestration of Carbon Dioxide) to clarify questions raised by
stakeholders regarding the applicability of subpart RR to specific
offshore geologic sequestration activities. Although the EPA previously
noted that the source category covers both onshore and offshore
injection of CO2 in its 2010 final rule (75 FR 75060,
December 1, 2010), we are aware that we have not previously provided a
definition for the term ``offshore.'' The proposed definition would
clarify the boundaries of injection activities that are currently
covered under the source category and improve reporting to the GHGRP.
We are proposing similar revisions to clarify definitions. For
example, we are proposing to revise subpart A (General Provisions) to
amend the definition of the term ``Bulk'' to address questions raised
by certain suppliers as to whether imports or exports of GHGs in small
containers are reportable to the GHGRP. The proposed revision is a
clarification of the existing definition and would provide clarity
regarding the size of containers that should be included in the
reported supply.
Finally, the EPA is proposing minor changes such as edits to fix
typos, minor clarifications such as adding a missing word, and
harmonizing changes to match other proposed revisions. For example, we
are clarifying the 2022 Data Quality Improvements Proposal regarding
proposed destruction and removal efficiency (DRE) and gamma factors in
Tables I-16 and I-18 of subpart I (Electronics Manufacturing),
respectively, to correct inadvertent errors in the relevant proposed
regulatory text. We are also proposing to correct subpart AA (Pulp and
Paper Manufacturing) at 40 CFR 98.276 to correct a reporting
requirement that incorrectly refers to biogenic CH4 and
N2O. All proposed minor corrections and clarifications are
reflected in the draft proposed redline regulatory text in the docket
for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
III. Proposed Amendments to Part 98
This section summarizes the specific substantive amendments
proposed for each subpart, as generally described in section II of this
preamble. The impacts of the proposed revisions are summarized in
section VII of this preamble. A full discussion of the cost impacts for
the proposed revisions may be found in the memorandum, Assessment of
Burden Impacts for Proposed Supplemental Revisions for the Greenhouse
Gas Reporting Rule, available in the docket for this rulemaking (Docket
Id. No. EPA-HQ-OAR-2019-0424).
A. Subpart A--General Provisions
1. Proposed Revisions to Global Warming Potentials in Table A-1
For the reasons described here and in section II.A of this
preamble, we are proposing to revise Table A-1 to subpart A of part 98
(General Provisions) to update the GWP values of certain GHGs to
reflect GWPs from Table 8.A.1 of AR5 and, for certain GHGs that do not
have GWPs listed in AR5, to adopt GWP values from AR6. We are also
proposing to add default GWPs for two new fluorinated GHG groups, to
slightly modify an existing GHG group, and to update the default GWPs
for all the existing fluorinated GHG groups. The chemical-specific GWP
values currently in Table A-1 are drawn both from AR4 and, for multiple
GHGs that do not have GWPs listed in AR4, from AR5. The current GWPs
drawn from AR4 would be updated to values from AR5, while the current
GWPs drawn from AR5 would remain the same. AR6 GWPs would be added for
GHGs that do not have GWPs listed in AR5. Under the current rule,
default GWPs are applied to GHGs that do not have GWPs listed in AR5
based on the fluorinated GHG group to which they belong.
By proposing (1) to adopt (or maintain) AR5 GWPs for GHGs that have
GWPs listed in AR5, and (2) to adopt AR6 GWPs for GHGs that do not have
GWPs listed in AR5, we are taking the approach to establishing and
updating GWPs that we have taken since the beginning of the GHGRP. That
is, for GHGs with GWPs listed in the IPCC Assessment Report that the
parties to the UNFCCC have agreed to use as the source of GWPs, we are
proposing to use the GWPs in the agreed-upon
[[Page 32863]]
Assessment Report to maintain consistency with the Inventory and other
analyses. For GHGs that do not have GWPs listed in the agreed-upon
Assessment Report, but that do have GWPs listed in a more recent IPCC
Assessment Report, we are proposing to use the GWPs in the most recent
report to increase the accuracy of the calculations and reporting under
part 98. Where the UNFCCC-referenced Assessment Report does not include
a GWP for a GHG, adopting the GWP from a more recent Assessment Report
does not introduce inconsistency with Inventory reporting. In fact, as
noted in the 2014 Fluorinated GHG Final Rule updating GWPs, adopting
GWPs in the most recent Scientific Assessment Report would facilitate
U.S. reporting under the UNFCCC Reporting Guidelines, which state:
``Annex I Parties are strongly encouraged to also report emissions and
removals of additional GHGs, such as hydrofluoroethers (HFEs),
perfluoropolyethers (PFPEs), and other gases for which 100-year global
warming potential values are available from the IPCC but have not yet
been adopted by the [Conference of the Parties to the UNFCCC].'' \18\
---------------------------------------------------------------------------
\18\ See Decision 24, CP.19 at https://unfccc.int/resource/docs/2013/cop19/eng/10a03.pdf.
---------------------------------------------------------------------------
Specifically, the first set of GWPs adopted under part 98 in 2009
consisted of (1) GWPs from the SAR for GHGs that had GWPs listed in the
SAR (consistent with the UNFCCC reporting guidelines in effect at the
time) and (2) GWPs from AR4 (the most recent IPCC Assessment Report
available at the time) for GHGs that did not have GWPs listed in the
SAR.\19\ The second set of GWPs adopted under part 98, in 2013 and
2014, consisted of (1) GWPs from AR4 (consistent with the UNFCCC
reporting guidelines going into effect at the time), and (2) GWPs from
AR5 (the most recent IPCC Assessment Report available at the time) for
GHGs that did not have GWPs listed in AR4.
---------------------------------------------------------------------------
\19\ Mandatory Reporting of Greenhouse Gases, proposed pule
published on April 10, 2009 (74 FR 16453).
---------------------------------------------------------------------------
Two decisions by the parties to the UNFCCC require countries to use
the AR5 values from Table 8.A.1 for their Inventories and other
reporting, beginning with the reports due in 2024. Decision 18/CMA.1,
annex, paragraph 37 (December, 2018) reads, ``Each Party shall use the
100-year time-horizon global warming potential (GWP) values from the
IPCC Fifth Assessment Report, or 100-year time-horizon GWP values from
a subsequent IPCC assessment report as agreed upon by the [Conference
of the Parties serving as the meeting of the Parties to the Paris
Agreement] (CMA), to report aggregate emissions and removals of GHGs,
expressed in CO2 eq.'' Decision 5/CMA.3, paragraph 25
(November, 2021) reads, ``the 100-year time-horizon global warming
potential values referred to in decision 18/CMA.1, annex, paragraph 37,
shall be those listed in Table 8.A.1 of the Fifth Assessment Report of
the Intergovernmental Panel on Climate Change, excluding the value for
fossil methane.'' \20\
---------------------------------------------------------------------------
\20\ Refer to https://unfccc.int/.
---------------------------------------------------------------------------
The second decision, specifying that Parties must use the GWP
values in Table 8.A.1 of AR5, excluding the value for ``fossil
methane,'' was important for two reasons. First, AR5 includes two
tables of GWPs. Table 8.A.1 includes GWPs that reflect the climate-
carbon feedbacks of CO2 but not the GHG whose GWP is being
evaluated, while the other table includes GWPs that reflect the
climate-carbon feedbacks of both CO2 and the GHG whose GWP
is being evaluated. (The same GHGs are in both tables.) Second, for
methane, AR5 includes two GWP values in each table. In each table, one
methane GWP accounts for the influence of CO2 produced by
the oxidation of methane (the value for ``fossil'' methane) and one
methane GWP does not account for the influence of CO2
produced by the oxidation of methane.
Consistent with the 2021 UNFCCC decision, we are proposing to use
(1) for GHGs with GWPs in AR5, the AR5 GWP values in Table 8.A.1 (that
reflect the climate-carbon feedbacks of CO2 but not the GHG
whose GWP is being evaluated), and (2) for methane, the GWP that is not
the GWP for fossil methane in Table 8.A.1 (i.e., the GWP for methane
that does not reflect either the climate-carbon feedbacks for methane
or the atmospheric CO2 that would result from the oxidation
of methane in the atmosphere). In addition to maintaining consistency
with recent UNFCCC decisions, using a single GWP for methane that does
not reflect the CO2 oxidation product would be consistent
with prior IPCC practice, avoid the potential for double counting, and
reduce complexity in accounting.\21\
---------------------------------------------------------------------------
\21\ Paragraph 52 of the annex to 18/CMA.1 encourages parties to
the UNFCCC to report indirect CO2 emissions separately:
``Each Party may report indirect CO2 from the atmospheric oxidation
of CH4, CO and NMVOCs. For Parties that decide to report indirect
CO2, the national totals shall be presented with and without
indirect CO2.'' Refer to https://unfccc.int/. Using the
fossil methane GWP, which incorporates the impact of the indirect
CO2, would double count those emissions.
---------------------------------------------------------------------------
As noted above, we are also proposing to adopt AR6 GWPs for 31 GHGs
that have GWPs listed in AR6 but not AR5. All of these are fluorinated
GHGs. Currently, default GWPs based on each GHG's fluorinated GHG group
are applied to these GHGs. Each default value reflects the average of
the known GWPs of the GHGs in a group of chemically similar fluorinated
GHGs. While the default value is expected to be an unbiased estimate of
the GWPs of other fluorinated GHGs in that group, it is not expected to
be as accurate as a chemical-specific GWP for any given GHG, which
reflects the radiative efficiency and atmospheric lifetime of that GHG.
The chemical-specific GWPs in each group vary over a range. For
example, the chemical-specific AR5 GWPs in each group show relative
standard deviations between 30 and 170 percent, depending on the group.
Thus, using chemical-specific GWPs instead of default values would
better reflect the atmospheric impacts of these gases.
The AR6 GWPs reflect the climate-carbon feedbacks for the GHG whose
GWP is being evaluated, while the AR5 GWPs that we are proposing to
adopt (from Table 8.A.1) do not. GWPs that reflect the climate-carbon
feedbacks for the GHG whose GWP is being evaluated are slightly larger
than GWPs that do not. Thus, this difference could potentially result
in over-weighting the atmospheric impacts of GHGs whose GWPs are drawn
from AR6 relative to GHGs whose GWPs are drawn from Table 8.A.1 of AR5.
However, our analysis indicates that using chemical-specific GWPs will
lead to more accurate estimates, even if there are some inconsistencies
among those GWPs.\22\ In AR5, reflecting climate-carbon feedbacks for
the GHG whose GWP is being evaluated results in an increase in the
evaluated GWP of 11 to 22 percent, with the higher fractional increase
being associated with shorter-lived gases with lower GWPs.\23\ In
contrast, using default GWPs based on AR5 rather than chemical-specific
GWPs from AR6 would result in overestimating GWPs by as much as 3,000
(equivalent to a relative error of 1,200 percent) and underestimating
GWPs by as much as 5,000 (equivalent to a relative error of -35
percent), with over- and underestimates averaging 1,200 and 950
respectively (and relative
[[Page 32864]]
errors averaging 770 percent and -60 percent, respectively).\24\
Overall, these potential errors are substantially larger than the
differences between GWPs that do and do not reflect climate-carbon
feedbacks for the GHGs whose GWPs were evaluated.
---------------------------------------------------------------------------
\22\ See the memorandum, Proposed Updates to Chemical-Specific
and Default GWPs for the Greenhouse Gas Reporting Rule, available in
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-
0424).
\23\ The authors of AR6 estimated smaller impacts from climate-
carbon feedbacks, meaning that the difference between accounting and
not accounting for them is likely smaller than 11 to 22 percent.
(See AR6, Chapter 7, page 121.)
\24\ To avoid skewing the results with inconsequential
differences, instances where the default GWP would differ from the
chemical-specific GWP by less than one were excluded from the
analysis. In all these cases, the default GWP was one.
---------------------------------------------------------------------------
Table 2 of this preamble lists the GHGs whose GWP values we are
proposing to revise, along with the GWP values currently listed in
Table A-1 and the proposed revised GWP values based on either AR5 or
AR6. Additional information regarding the EPA's rationale for the
proposed GWPs may be found in the memorandum, Proposed Updates to
Chemical-Specific and Default GWPs for the Greenhouse Gas Reporting
Rule, in the docket for this rulemaking, (Docket Id. No. EPA-HQ-OAR-
2019-0424).
Table 2--Proposed Revised Chemical-Specific GWPs for Compounds in Table A-1
----------------------------------------------------------------------------------------------------------------
Current global Proposed
warming global warming
Name CAS No. Chemical formula potential (100 potential (100
yr.) yr.)
----------------------------------------------------------------------------------------------------------------
Chemical-Specific GWPs
----------------------------------------------------------------------------------------------------------------
Carbon dioxide...................... 124-38-9 CO2.................... 1 1
Methane............................. 74-82-8 CH4.................... 25 28
Nitrous oxide....................... 10024-97-2 N2O.................... 298 265
----------------------------------------------------------------------------------------------------------------
Fully Fluorinated GHGs
----------------------------------------------------------------------------------------------------------------
Sulfur hexafluoride................. 2551-62-4 SF6.................... 22,800 23,500
Trifluoromethyl sulphur 373-80-8 SF5CF3................. 17,700 17,400
pentafluoride.
Nitrogen trifluoride................ 7783-54-2 NF3.................... 17,200 16,100
PFC-14 (Perfluoromethane)........... 75-73-0 CF4.................... 7,390 6,630
PFC-116 (Perfluoroethane)........... 76-16-4 C2F6................... 12,200 11,100
PFC-218 (Perfluoropropane).......... 76-19-7 C3F8................... 8,830 8,900
Perfluorocyclopropane............... 931-91-9 c-C3F6................. 17,340 9,200
PFC-3-1-10 (Perfluorobutane)........ 355-25-9 C4F10.................. 8,860 9,200
PFC-318 (Perfluorocyclobutane)...... 115-25-3 c-C4F8................. 10,300 9,540
Perfluorotetrahydrofuran............ 773-14-8 c-C4F8O................ * 10,000 13,900
PFC-4-1-12 (Perfluoropentane)....... 678-26-2 C5F12.................. 9,160 8,550
PFC-5-1-14 (Perfluorohexane, FC-72). 355-42-0 C6F14.................. 9,300 7,910
PFC-6-1-12.......................... 335-57-9 C7F16; CF3(CF2)5CF3.... 7,820 7,820
PFC-7-1-18.......................... 307-34-6 C8F18; CF3(CF2)6CF3.... 7,620 7,620
PFC-9-1-18.......................... 306-94-5 C10F18................. 7,500 7,190
PFPMIE (HT-70)...................... NA CF3OCF(CF3)CF2OCF2OCF3. 10,300 9,710
Perfluorodecalin (cis).............. 60433-11-6 Z-C10F18............... 7,236 7,240
Perfluorodecalin (trans)............ 60433-12-7 E-C10F18............... 6,288 6,290
Perfluorotriethylamine.............. 359-70-6 N(C2F5)3............... * 10,000 10,300
Perfluorotripropylamine............. 338-83-0 N(CF2CF2CF3)3.......... * 10,000 9,030
Perfluorotributylamine.............. 311-89-7 N(CF2CF2CF2CF3)3....... * 10,000 8,490
Perfluorotripentylamine............. 338-84-1 N(CF2CF2CF2CF2CF3)3.... * 10,000 7,260
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluorocarbons (HFCs) With Two or Fewer Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
(4s,5s)-1,1,2,2,3,3,4,5- 158389-18-5 trans-cyc (- * 3,700 258
octafluorocyclopentane. CF2CF2CF2CHFCHF-).
HFC-23.............................. 75-46-7 CHF3................... 14,800 12,400
HFC-32.............................. 75-10-5 CH2F2.................. 675 677
HFC-125............................. 354-33-6 C2HF5.................. 3,500 3,170
HFC-134............................. 359-35-3 C2H2F4................. 1,100 1,120
HFC-134a............................ 811-97-2 CH2FCF3................ 1,430 1,300
HFC-227ca........................... 2252-84-8 CF3CF2CHF2............. 2,640 2,640
HFC-227ea........................... 431-89-0 C3HF7.................. 3,220 3,350
HFC-236cb........................... 677-56-5 CH2FCF2CF3............. 1,340 1,210
HFC-236ea........................... 431-63-0 CHF2CHFCF3............. 1,370 1,330
HFC-236fa........................... 690-39-1 C3H2F6................. 9,810 8,060
HFC-329p............................ 375-17-7 CHF2CF2CF2CF3.......... 2,360 2,360
HFC-43-10mee........................ 138495-42-8 CF3CFHCFHCF2CF3........ 1,640 1,650
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluorocarbons (HFCs) With Three or More Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
1,1,2,2,3,3-hexafluorocyclopentane.. 123768-18-3 cyc (-CF2CF2CF2CH2CH2-) * 930 120
1,1,2,2,3,3,4- 15290-77-4 cyc (-CF2CF2CF2CHFCH2-) * 930 231
heptafluorocyclopentane.
HFC-41.............................. 593-53-3 CH3F................... 92 116
HFC-143............................. 430-66-0 C2H3F3................. 353 328
HFC-143a............................ 420-46-2 C2H3F3................. 4,470 4,800
HFC-152............................. 624-72-6 CH2FCH2F............... 53 16
HFC-152a............................ 75-37-6 CH3CHF2................ 124 138
HFC-161............................. 353-36-6 CH3CH2F................ 12 4
[[Page 32865]]
HFC-245ca........................... 679-86-7 C3H3F5................. 693 716
HFC-245cb........................... 1814-88-6 CF3CF2CH3.............. 4,620 4,620
HFC-245ea........................... 24270-66-4 CHF2CHFCHF2............ 235 235
HFC-245eb........................... 431-31-2 CH2FCHFCF3............. 290 290
HFC-245fa........................... 460-73-1 CHF2CH2CF3............. 1,030 858
HFC-263fb........................... 421-07-8 CH3CH2CF3.............. 76 76
HFC-272ca........................... 420-45-1 CH3CF2CH3.............. 144 144
HFC-365mfc.......................... 406-58-6 CH3CF2CH2CF3........... 794 804
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluoroethers (HFEs) and Hydrochlorofluoroethers (HCFEs) With One Carbon-Hydrogen Bond
----------------------------------------------------------------------------------------------------------------
HFE-125............................. 3822-68-2 CHF2OCF3............... 14,900 12,400
HFE-227ea........................... 2356-62-9 CF3CHFOCF3............. 1,540 6,450
HFE-329mcc2......................... 134769-21-4 CF3CF2OCF2CHF2......... 919 3,070
HFE-329me3.......................... 428454-68-6 CF3CFHCF2OCF3.......... 4,550 4,550
1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2- 3330-15-2 CF3CF2CF2OCHFCF3....... 6,490 6,490
tetrafluoroethoxy)-propane.
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs With Two Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFE-134 (HG-00)..................... 1691-17-4 CHF2OCHF2.............. 6,320 5,560
HFE-236ca........................... 32778-11-3 CHF2OCF2CHF2........... 4,240 4,240
HFE-236ca12 (HG-10)................. 78522-47-1 CHF2OCF2OCHF2.......... 2,800 5,350
HFE-236ea2 (Desflurane)............. 57041-67-5 CHF2OCHFCF3............ 989 1,790
HFE-236fa........................... 20193-67-3 CF3CH2OCF3............. 487 979
HFE-338mcf2......................... 156053-88-2 CF3CF2OCH2CF3.......... 552 929
HFE-338mmz1......................... 26103-08-2 CHF2OCH(CF3)2.......... 380 2,620
HFE-338pcc13 (HG-01)................ 188690-78-0 CHF2OCF2CF2OCHF2....... 1,500 2,910
HFE-43-10pccc (H-Galden 1040x, HG- E1730133 CHF2OCF2OC2F4OCHF2..... 1,870 2,820
11).
HCFE-235ca2 (Enflurane)............. 13838-16-9 CHF2OCF2CHFCl.......... 583 583
HCFE-235da2 (Isoflurane)............ 26675-46-7 CHF2OCHClCF3........... 350 491
HG-02............................... 205367-61-9 HF2C-(OCF2CF2)2-OCF2H.. 3,825 2,730
HG-03............................... 173350-37-3 HF2C-(OCF2CF2)3-OCF2H.. 3,670 2,850
HG-20............................... 249932-25-0 HF2C-(OCF2)2-OCF2H..... 5,300 5,300
HG-21............................... 249932-26-1 HF2C-OCF2CF2OCF2OCF2O- 3,890 3,890
CF2H.
HG-30............................... 188690-77-9 HF2C-(OCF2)3-OCF2H..... 7,330 7,330
1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12, 173350-38-4 HCF2O(CF2CF2O)4CF2H.... 3,630 3,630
13,13,15,15-eicosafluoro-
2,5,8,11,14-Pentaoxapentadecane.
1,1,2-Trifluoro-2-(trifluoromethoxy)- 84011-06-3 CHF2CHFOCF3............ 1,240 1,240
ethane.
Trifluoro(fluoromethoxy)methane..... 2261-01-0 CH2FOCF3............... 751 751
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs With Three or More Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFE-143a............................ 421-14-7 CH3OCF3................ 756 523
HFE-245cb2.......................... 22410-44-2 CH3OCF2CF3............. 708 654
HFE-245fa1.......................... 84011-15-4 CHF2CH2OCF3............ 286 828
HFE-245fa2.......................... 1885-48-9 CHF2OCH2CF3............ 659 812
HFE-254cb2.......................... 425-88-7 CH3OCF2CHF2............ 359 301
HFE-263fb2.......................... 460-43-5 CF3CH2OCH3............. 11 1
HFE-263m1; R-E-143a................. 690-22-2 CF3OCH2CH3............. 29 29
HFE-347mcc3 (HFE-7000).............. 375-03-1 CH3OCF2CF2CF3.......... 575 530
HFE-347mcf2......................... 171182-95-9 CF3CF2OCH2CHF2......... 374 854
HFE-347mmy1......................... 22052-84-2 CH3OCF(CF3)2........... 343 363
HFE-347mmz1 (Sevoflurane)........... 28523-86-6 (CF3)2CHOCH2F.......... 216 216
HFE-347pcf2......................... 406-78-0 CHF2CF2OCH2CF3......... 580 889
HFE-356mec3......................... 382-34-3 CH3OCF2CHFCF3.......... 101 387
HFE-356mff2......................... 333-36-8 CF3CH2OCH2CF3.......... 17 17
HFE-356mmz1......................... 13171-18-1 (CF3)2CHOCH3........... 27 14
HFE-356pcc3......................... 160620-20-2 CH3OCF2CF2CHF2......... 110 413
HFE-356pcf2......................... 50807-77-7 CHF2CH2OCF2CHF2........ 265 719
HFE-356pcf3......................... 35042-99-0 CHF2OCH2CF2CHF2........ 502 446
HFE-365mcf2......................... 22052-81-9 CF3CF2OCH2CH3.......... 58 58
HFE-365mcf3......................... 378-16-5 CF3CF2CH2OCH3.......... 11 0.99
HFE-374pc2.......................... 512-51-6 CH3CH2OCF2CHF2......... 557 627
HFE-449s1 (HFE-7100) Chemical blend. 163702-07-6 C4F9OCH3............... 297 421
163702-08-7 (CF3)2CFCF2OCH3........ .............. ..............
HFE-569sf2 (HFE-7200) Chemical blend 163702-05-4 C4F9OC2H5.............. 59 57
163702-06-5 (CF3)2CFCF2OC2H5....... .............. ..............
HFE-7300............................ 132182-92-4 (CF3)2CFCFOC2H5CF2CF2CF * 270 405
3.
[[Page 32866]]
HFE-7500............................ 297730-93-9 n-C3F7CFOC2H5CF(CF3)2.. * 270 13
HG'-01.............................. 73287-23-7 CH3OCF2CF2OCH3......... 222 222
HG'-02.............................. 485399-46-0 CH3O(CF2CF2O)2CH3...... 236 236
HG'-03.............................. 485399-48-2 CH3O(CF2CF2O)3CH3...... 221 221
Difluoro(methoxy)methane............ 359-15-9 CH3OCHF2............... 144 144
2-Chloro-1,1,2-trifluoro-1- 425-87-6 CH3OCF2CHFCl........... 122 122
methoxyethane.
1-Ethoxy-1,1,2,2,3,3,3- 22052-86-4 CF3CF2CF2OCH2CH3....... 61 61
heptafluoropropane.
2-Ethoxy-3,3,4,4,5- 920979-28-8 C12H5F19O2............. 56 56
pentafluorotetrahydro-2,5-
bis[1,2,2,2-tetrafluoro-1-
(trifluoromethyl)ethyl]-furan.
1-Ethoxy-1,1,2,3,3,3- 380-34-7 CF3CHFCF2OCH2CH3....... 23 23
hexafluoropropane.
Fluoro(methoxy)methane.............. 460-22-0 CH3OCH2F............... 13 13
1,1,2,2-Tetrafluoro-3-methoxy- 60598-17-6 CHF2CF2CH2OCH3......... 0.5 0.49
propane; Methyl 2,2,3,3-
tetrafluoropropyl ether.
1,1,2,2-Tetrafluoro-1- 37031-31-5 CH2FOCF2CF2H........... 871 871
(fluoromethoxy)ethane.
Difluoro(fluoromethoxy)methane...... 461-63-2 CH2FOCHF2.............. 617 617
Fluoro(fluoromethoxy)methane........ 462-51-1 CH2FOCH2F.............. 130 130
----------------------------------------------------------------------------------------------------------------
Saturated Chlorofluorocarbons (CFCs)
----------------------------------------------------------------------------------------------------------------
E-R316c............................. 3832-15-3 trans-cyc (- * 2000 4,230
CClFCF2CF2CClF-).
Z-R316c............................. 3934-26-7 cis-cyc (- * 2000 5,660
CClFCF2CF2CClF-).
----------------------------------------------------------------------------------------------------------------
Fluorinated Formates
----------------------------------------------------------------------------------------------------------------
Trifluoromethyl formate............. 85358-65-2 HCOOCF3................ 588 588
Perfluoroethyl formate.............. 313064-40-3 HCOOCF2CF3............. 580 580
1,2,2,2-Tetrafluoroethyl formate.... 481631-19-0 HCOOCHFCF3............. 470 470
Perfluorobutyl formate.............. 197218-56-7 HCOOCF2CF2CF2CF3....... 392 392
Perfluoropropyl formate............. 271257-42-2 HCOOCF2CF2CF3.......... 376 376
1,1,1,3,3,3-Hexafluoropropan-2-yl 856766-70-6 HCOOCH(CF3)2........... 333 333
formate.
2,2,2-Trifluoroethyl formate........ 32042-38-9 HCOOCH2CF3............. 33 33
3,3,3-Trifluoropropyl formate....... 1344118-09-7 HCOOCH2CH2CF3.......... 17 17
----------------------------------------------------------------------------------------------------------------
Fluorinated Acetates
----------------------------------------------------------------------------------------------------------------
Methyl 2,2,2-trifluoroacetate....... 431-47-0 CF3COOCH3.............. 52 52
1,1-Difluoroethyl 2,2,2- 1344118-13-3 CF3COOCF2CH3........... 31 31
trifluoroacetate.
Difluoromethyl 2,2,2- 2024-86-4 CF3COOCHF2............. 27 27
trifluoroacetate.
2,2,2-Trifluoroethyl 2,2,2- 407-38-5 CF3COOCH2CF3........... 7 7
trifluoroacetate.
Methyl 2,2-difluoroacetate.......... 433-53-4 HCF2COOCH3............. 3 3
Perfluoroethyl acetate.............. 343269-97-6 CH3COOCF2CF3........... 2.1 2
Trifluoromethyl acetate............. 74123-20-9 CH3COOCF3.............. 2.0 2
Perfluoropropyl acetate............. 1344118-10-0 CH3COOCF2CF2CF3........ 1.8 2
Perfluorobutyl acetate.............. 209597-28-4 CH3COOCF2CF2CF2CF3..... 1.6 2
Ethyl 2,2,2-trifluoroacetate........ 383-63-1 CF3COOCH2CH3........... 1.3 1
----------------------------------------------------------------------------------------------------------------
Carbonofluoridates
----------------------------------------------------------------------------------------------------------------
Methyl carbonofluoridate............ 1538-06-3 FCOOCH3................ 95 95
1,1-Difluoroethyl carbonofluoridate. 1344118-11-1 FCOOCF2CH3............. 27 27
----------------------------------------------------------------------------------------------------------------
Fluorinated Alcohols Other Than Fluorotelomer Alcohols
----------------------------------------------------------------------------------------------------------------
Bis(trifluoromethyl)-methanol....... 920-66-1 (CF3)2CHOH............. 195 182
2,2,3,3,4,4,5,5- 16621-87-7 cyc (-(CF2)4CH(OH)-)... 73 13
Octafluorocyclopentanol.
2,2,3,3,3-Pentafluoropropanol....... 422-05-9 CF3CF2CH2OH............ 42 19
2,2,3,3,4,4,4-Heptafluorobutan-1-ol. 375-01-9 C3F7CH2OH.............. 25 34
2,2,2-Trifluoroethanol.............. 75-89-8 CF3CH2OH............... 20 20
2,2,3,4,4,4-Hexafluoro-1-butanol.... 382-31-0 CF3CHFCF2CH2OH......... 17 17
2,2,3,3-Tetrafluoro-1-propanol...... 76-37-9 CHF2CF2CH2OH........... 13 13
2,2-Difluoroethanol................. 359-13-7 CHF2CH2OH.............. 3 3
2-Fluoroethanol..................... 371-62-0 CH2FCH2OH.............. 1.1 1.1
4,4,4-Trifluorobutan-1-ol........... 461-18-7 CF3(CH2)2CH2OH......... 0.05 0.05
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Perfluorocarbons (PFCs)
----------------------------------------------------------------------------------------------------------------
PFC-1114; TFE....................... 116-14-3 CF2=CF2; C2F4.......... 0.004 0.004
PFC-1216; Dyneon HFP................ 116-15-4 C3F6; CF3CF=CF2........ 0.05 0.05
[[Page 32867]]
Perfluorobut-2-ene.................. 360-89-4 CF3CF=CFCF3............ 1.82 1.82
Perfluorobut-1-ene.................. 357-26-6 CF3CF2CF=CF2........... 0.10 0.10
Perfluorobuta-1,3-diene............. 685-63-2 CF2=CFCF=CF2........... 0.003 0.003
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Hydrofluorocarbons (HFCs) and Hydrochlorofluorocarbons (HCFCs)
----------------------------------------------------------------------------------------------------------------
HFC-1132a; VF2...................... 75-38-7 C2H2F2, CF2=CH2........ 0.04 0.04
HFC-1141; VF........................ 75-02-5 C2H3F, CH2=CHF......... 0.02 0.02
(E)-HFC-1225ye...................... 5595-10-8 CF3CF=CHF(E)........... 0.06 0.06
(Z)-HFC-1225ye...................... 5528-43-8 CF3CF=CHF(Z)........... 0.22 0.22
Solstice 1233zd(E).................. 102687-65-0 C3H2ClF3; CHCl=CHCF3... 1.34 1.34
HCFO-1233zd(Z)...................... 99728-16-2 (Z)-CF3CH=CHCl......... * 1 0.45
HFC-1234yf; HFO-1234yf.............. 754-12-1 C3H2F4; CF3CF=CH2...... 0.31 0.31
HFC-1234ze(E)....................... 1645-83-6 C3H2F4; trans-CF3CH=CHF 0.97 0.97
HFC-1234ze(Z)....................... 29118-25-0 C3H2F4; cis-CF3CH=CHF; 0.29 0.29
CF3CH=CHF.
HFC-1243zf; TFP..................... 677-21-4 C3H3F3, CF3CH=CH2...... 0.12 0.12
(Z)-HFC-1336........................ 692-49-9 CF3CH=CHCF3(Z)......... 1.58 1.58
HFO-1336mzz(E)...................... 66711-86-2 (E)-CF3CH=CHCF3........ * 1 18
HFC-1345zfc......................... 374-27-6 C2F5CH=CH2............. 0.09 0.09
HFO-1123............................ 359-11-5 CHF=CF2................ * 1 0.005
HFO-1438ezy(E)...................... 14149-41-8 (E)-(CF3)2CFCH=CHF..... * 1 8.2
HFO-1447fz.......................... 355-08-8 CF3(CF2)2CH=CH2........ * 1 0.24
Capstone 42-U....................... 19430-93-4 C6H3F9, CF3(CF2)3CH=CH2 0.16 0.16
Capstone 62-U....................... 25291-17-2 C8H3F13, 0.11 0.11
CF3(CF2)5CH=CH2.
Capstone 82-U....................... 21652-58-4 C10H3F17, 0.09 0.09
CF3(CF2)7CH=CH2.
(e)-1-chloro-2-fluoroethene......... 460-16-2 (E)-CHCl=CHF........... * 1 0.004
3,3,3-trifluoro-2- 382-10-5 (CF3)2C=CH2............ * 1 0.38
(trifluoromethyl)prop-1-ene.
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated CFCs
----------------------------------------------------------------------------------------------------------------
CFC-1112............................ 598-88-9 CClF=CClF.............. * 1 0.13
CFC-1112a........................... 79-35-6 CCl2=CF2............... * 1 0.021
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Halogenated Ethers
----------------------------------------------------------------------------------------------------------------
PMVE; HFE-216....................... 1187-93-5 CF3OCF=CF2............. 0.17 0.17
Fluoroxene.......................... 406-90-6 CF3CH2OCH=CH2.......... 0.05 0.05
Methyl-perfluoroheptene-ethers...... N/A CH3OC7F13.............. * 1 15
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Halogenated Esters
----------------------------------------------------------------------------------------------------------------
Ethenyl 2,2,2-trifluoroacetate...... 433-28-3 CF3COOCH=CH2........... * 1 0.008
Prop-2-enyl 2,2,2-trifluoroacetate.. 383-67-5 CF3COOCH2CH=CH2........ * 1 0.007
----------------------------------------------------------------------------------------------------------------
Cyclic, Unsaturated HFCs and PFCs
----------------------------------------------------------------------------------------------------------------
PFC C-1418.......................... 559-40-0 c-C5F8................. 1.97 2
Hexafluorocyclobutene............... 697-11-0 cyc (-CF=CFCF2CF2-).... * 1 126
1,3,3,4,4,5,5- 1892-03-1 cyc (-CF2CF2CF2CF=CH-). * 1 45
heptafluorocyclopentene.
1,3,3,4,4-pentafluorocyclobutene.... 374-31-2 cyc (-CH=CFCF2CF2-).... * 1 92
3,3,4,4-tetrafluorocyclobutene...... 2714-38-7 cyc (-CH=CHCF2CF2-).... * 1 26
----------------------------------------------------------------------------------------------------------------
Fluorinated Aldehydes
----------------------------------------------------------------------------------------------------------------
3,3,3-Trifluoro-propanal............ 460-40-2 CF3CH2CHO.............. 0.01 0.01
----------------------------------------------------------------------------------------------------------------
Fluorinated Ketones
----------------------------------------------------------------------------------------------------------------
Novec 1230 (perfluoro (2-methyl-3- 756-13-8 CF3CF2C(O)CF(CF3)2..... 0.1 0.1
pentanone)).
1,1,1-trifluoropropan-2-one......... 421-50-1 CF3COCH3............... * 1 0.09
1,1,1-trifluorobutan-2-one.......... 381-88-4 CF3COCH2CH3............ * 1 0.095
----------------------------------------------------------------------------------------------------------------
Fluorotelomer Alcohols
----------------------------------------------------------------------------------------------------------------
3,3,4,4,5,5,6,6,7,7,7- 185689-57-0 CF3(CF2)4CH2CH2OH...... 0.43 0.43
Undecafluoroheptan-1-ol.
3,3,3-Trifluoropropan-1-ol.......... 2240-88-2 CF3CH2CH2OH............ 0.35 0.35
3,3,4,4,5,5,6,6,7,7,8,8,9,9,9- 755-02-2 CF3(CF2)6CH2CH2OH...... 0.33 0.33
Pentadecafluorononan-1-ol.
[[Page 32868]]
3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11 87017-97-8 CF3(CF2)8CH2CH2OH...... 0.19 0.19
,11,11-Nonadecafluoroundecan-1-ol.
----------------------------------------------------------------------------------------------------------------
Fluorinated GHGs With Carbon-Iodine Bond(s)
----------------------------------------------------------------------------------------------------------------
Trifluoroiodomethane................ 2314-97-8 CF3I................... 0.4 0.4
----------------------------------------------------------------------------------------------------------------
Remaining Fluorinated GHGs With Chemical-Specific GWPs
----------------------------------------------------------------------------------------------------------------
Dibromodifluoromethane (Halon 1202). 75-61-6 CBr2F2................. 231 231
2-Bromo-2-chloro-1,1,1- 151-67-7 CHBrClCF3.............. 41 41
trifluoroethane (Halon-2311/
Halothane).
Heptafluoroisobutyronitrile......... 42532-60-5 (CF3)2CFCN............. * 2000 2,750
Carbonyl fluoride................... 353-50-4 COF2................... * 2000 ** 0.14
----------------------------------------------------------------------------------------------------------------
* Table A-1 does not include a chemical-specific value for this GHG; the value shown is the current default GWP
for the fluorinated GHG group of which the GHG is currently a member.
** Proposed in 2022 Data Quality Improvements Proposal.
We are also proposing to revise the default GWPs in Table A-1 by
adding two new fluorinated GHG groups, modifying an existing group, and
updating the existing default values to reflect the chemical-specific
GWPs that we are proposing to adopt from AR5 and AR6.\25\ The two new
groups that we are proposing to add are for saturated
chlorofluorocarbons (CFCs) and for cyclic forms of unsaturated
halogenated compounds. We have not previously included a group for
saturated CFCs because the GHGRP does not require reporting of most
CFCs. The GHGRP definition of ``fluorinated greenhouse gas'' (that is
itself referenced in the GHGRP definition of ``greenhouse gas'') at 40
CFR 98.6, includes ``sulfur hexafluoride (SF6), nitrogen
trifluoride (NF3), and any fluorocarbon except for
controlled substances as defined at 40 CFR part 82, subpart A and
substances with vapor pressures of less than 1 mm of Hg absolute at 25
degrees C.'' Although CFCs are fluorocarbons, most CFCs are defined as
``controlled substances'' under the EPA's ozone protection regulations
at 40 CFR part 82, excluding them from GHGRP coverage. However, some
CFCs are not defined as ``controlled substances'' under part 82 and are
therefore reportable under the GHGRP. These include two saturated CFCs
((E)-1,2-dichlorohexafluoro cyclobutane and (Z)-1,2-
dichlorohexafluorocyclobutane) and two unsaturated CFCs (CFC 1112 and
CFC 1112a) for which GWPs are provided in AR6. In the 2022 Data Quality
Improvements Proposal, we have proposed to include unsaturated CFCs
with unsaturated HFCs and PFCs in the current ninth fluorinated GHG
group, which is assigned a default GWP of 1. (The unsaturated CFCs both
have GWPs below 1.) The saturated CFCs have GWPs of 4,230 and 5,660
respectively, placing their proposed default GWP (4,900) between the
updated default GWPs proposed for saturated HFCs with two or fewer
carbon-hydrogen bonds (3,000) and for saturated HFEs and HCFEs with one
carbon-hydrogen bond (6,600). Given the numerical differences between
the GWP for the saturated CFC group and the GWPs for the other groups,
as well as the chemical differences between CFCs, HFCs, and HFEs, we
are proposing a separate group and separate default GWP for saturated
CFCs.
---------------------------------------------------------------------------
\25\ In the 2014 Fluorinated GHG Final Rule, we established 12
default GWPs intended for fluorinated GHGs and fluorinated HTFs for
which peer-reviewed GWPs were not available in AR4, AR5, or other
sources. The default GWPs were calculated based on the average of
the chemical-specific GWPs of the compounds in each fluorinated GHG
group. Each fluorinated GHG group is composed of compounds with
similar chemical structures, which have similar atmospheric
lifetimes and GWPs.
---------------------------------------------------------------------------
We are also proposing to establish a separate group for cyclic
unsaturated halogenated compounds, specifically, for the cyclic forms
of the following: unsaturated PFCs, unsaturated HFCs, unsaturated CFCs,
unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated
bromofluorocarbons (BFCs), unsaturated bromochlorofluorocarbons
(BCFCs), unsaturated hydrobromofluorocarbons (HBFCs), unsaturated
hydrobromochlorofluoro carbons (HBCFCs), unsaturated halogenated
ethers, and unsaturated halogenated esters. AR6 includes GWPs for five
members of this set (all unsaturated HFCs or PFCs), ranging from 25.6
to 126. These GWPs are markedly larger than the GWPs for the non-cyclic
unsaturated halogenated compounds currently in the ninth fluorinated
GHG group, most of which are less than 1.\26\ The default GWP proposed
for the new group is 58, far higher than the value of 1 currently in
effect for the unsaturated halogenated compounds in the ninth
fluorinated GHG group. The new group would affect how the cyclic
unsaturated halogenated compounds are classified for reporting under
subparts A and L (Fluorinated Gas Production), and the corresponding
default GWP would be applied to cyclic unsaturated halogenated
compounds that do not have chemical-specific GWPs listed in AR5 or AR6.
One cyclic unsaturated PFC that is currently included in the
unsaturated group with the default GWP of 1, perfluorocyclopentene,
would be moved into the new group for purposes of classification and
calculation of the default GWP of the group.\27\
---------------------------------------------------------------------------
\26\ This is true for both the AR5 and AR6 GWP values for the
non-cyclic unsaturated compounds. Twenty-six of the 32 AR6 GWP
values for these compounds fall under 1 while six fall above 1, with
a maximum value of 18.
\27\ Perfluorocyclopentene is assigned GWP values of 2 and 78 in
AR5 and AR6 respectively. The AR5 value was used in the calculation
of the proposed default value for the cyclic unsaturated halogenated
compounds.
---------------------------------------------------------------------------
The proposed new and revised fluorinated GHG groups and their
proposed new and revised GWPs are listed in Table 3 of this preamble.
[[Page 32869]]
Table 3--Proposed Fluorinated GHG Groups and Default GWPs
------------------------------------------------------------------------
Current Proposed
global global
Fluorinated GHG group warming warming
potential potential
(100 yr.) (100 yr.)
------------------------------------------------------------------------
Fully fluorinated GHGs........................ 10,000 9,200
Saturated hydrofluorocarbons (HFCs) with two 3,700 3,000
or fewer carbon-hydrogen bonds...............
Saturated HFCs with three or more carbon- 930 840
hydrogen bonds...............................
Saturated hydrofluoroethers (HFEs) and 5,700 6,600
hydrochlorofluoroethers (HCFEs) with one
carbon-hydrogen bond.........................
Saturated HFEs and HCFEs with two carbon- 2,600 2,900
hydrogen bonds...............................
Saturated HFEs and HCFEs with three or more 270 320
carbon-hydrogen bonds........................
Saturated chlorofluorocarbons (CFCs).......... * 2,000 4,900
Fluorinated formates.......................... 350 350
Cyclic forms of the following: unsaturated ** 1 58
perfluorocarbons (PFCs), unsaturated HFCs,
unsaturated CFCs, unsaturated
hydrochlorofluorocarbons (HCFCs), unsaturated
bromofluorocarbons (BFCs), unsaturated
bromochlorofluorocarbons (BCFCs), unsaturated
hydrobromofluorocarbons (HBFCs), unsaturated
hydrobromochlorofluorocarbons (HBCFCs),
unsaturated halogenated ethers, and
unsaturated halogenated esters...............
Fluorinated acetates, carbonofluoridates, and 30 25
fluorinated alcohols other than fluorotelomer
alcohols.....................................
Fluorinated aldehydes, fluorinated ketones, 1 1
and non-cyclic forms of the following:
unsaturated PFCs, unsaturated HFCs,
unsaturated CFCs, unsaturated HCFCs,
unsaturated BFCs, unsaturated BCFCs,
unsaturated HBFCs, unsaturated HBCFCs,
unsaturated halogenated ethers, and
unsaturated halogenated esters...............
Fluorotelomer alcohols........................ 1 1
Fluorinated GHGs with carbon-iodine bond(s)... 1 1
Remaining fluorinated GHGs.................... 2,000 1,800
------------------------------------------------------------------------
* Based on current classification as ``Other fluorinated GHGs.''
** Based on current classification as ``Unsaturated perfluorocarbons
(PFCs), unsaturated HFCs, unsaturated hydrochlorofluorocarbons
(HCFCs), unsaturated halogenated ethers, unsaturated halogenated
esters.''
2. Additional Proposed Revisions To Improve the Quality of Data
Collected for Subpart A
The EPA is proposing several revisions to subpart A to align with
the proposed addition of subparts B (Energy Consumption), WW (Coke
Calciners), XX (Calcium Carbide Production), YY (Caprolactam, Glyoxal,
and Glyoxylic Acid Production), and ZZ (Ceramics Manufacturing), as
described in sections II.B and IV of this preamble. First, we are
proposing to revise 40 CFR 98.2(a)(1) through (3) to clarify that (1)
direct emitters required to report under any source category listed in
Tables A-3 or A-4 to subpart A of part 98 or stationary fuel combustion
sources that meet the requirements of 40 CFR 98.2(a)(3), or required to
resume reporting under Sec. Sec. 98.2(i)(1), (2), or (3); and (2) that
are not eligible to discontinue reporting under the provisions of 40
CFR 98.2(i)(1) through (3), would be required to cover metered
purchased energy consumption (proposed subpart B) in their annual GHG
report. As described in section IV.A of this preamble, direct emitters
subject to part 98 would be required to report the annual quantity of
electricity purchased and the annual quantity of thermal energy
products purchased. Specifically, we are proposing to revise paragraphs
98.2(a)(1) through (3) to add that the annual GHG report must cover
``energy consumption (subpart B of this part)'' for facilities that are
subject to direct emitter subparts. Additionally, we are proposing to
revise the reporting requirements for the annual GHG report in 40 CFR
98.3(c)(4) to add a requirement for facilities to report the annual
quantities of electricity purchased and the annual quantities of
thermal energy products purchased. The proposed requirements ensure
that facilities that report emissions of GHGs include total energy
consumption data with the annual report. Additional information on
proposed subpart B may be found in section IV.A of this preamble.
Similarly, we are proposing to revise Table A-3 and Table A-4 to
part 98 to clarify the reporting applicability for facilities included
in the proposed new source categories described in sections IV.B
through E of this preamble. Currently, a facility included in a source
category listed in Table A-3 to subpart A of part 98 is subject to
reporting under part 98. Source categories in Table A-3 are referred to
as ``all-in'' source categories because reporting applies regardless of
other source category or stationary fuel combustion emissions at the
facility. The EPA's ``all-in'' approach generally applies for
industries for which all facilities are emitters of a similar quantity,
or where the EPA has determined it requires more data on certain
industries to identify the parameters that influence GHG emissions from
the source category. A facility that contains a source category listed
in Table A-4 to subpart A of part 98 must report only if estimated
annual emissions from all applicable source categories in Tables A-3
and Table A-4 of part 98 are 25,000 metric tons carbon dioxide
equivalents (mtCO2e) or more. Source categories in Table A-4
are referred to as ``threshold'' source categories. The EPA's
``threshold'' approach generally applies when a source category
contains emitters with a range in emissions quantity and the EPA wants
to collect information from those facilities within the source category
with larger total emissions from multiple process units or collocated
source categories that emit larger levels of GHGs collectively, and not
burden smaller emitters with a reporting obligation.
We are proposing to revise Table A-3 to subpart A of part 98 to
include new source categories for coke calciners (subpart WW), calcium
carbide production (subpart XX), and caprolactam, glyoxal, and
glyoxylic acid production (subpart YY). For coke calciners (subpart
WW), as discussed in section IV.B of this preamble, we are proposing to
include the source category as an ``all-in'' source category in Table
A-3; based on the threshold analysis, most coke calciners are large
emission sources that would be expected to exceed all of the thresholds
considered, with no significant differences in the coverage of
reporting facilities or the total U.S. emissions covered. As described
in section IV.C of this preamble, we determined in a threshold analysis
for the calcium carbide production source category that there is a
single producer of calcium carbide in the United States whose known
emissions would well exceed the 25,000 mtCO2e threshold
currently referenced in 40 CFR 98.2(a)(2). Therefore, we are proposing
to require that all facilities report in this source category, which
would capture all U.S. emissions and
[[Page 32870]]
avoid the need for the facility to calculate whether GHG emissions
exceed the threshold value. The threshold analysis for the caprolactam,
glyoxal, and glyoxylic acid production source category, as described in
detail in section IV.D of this preamble, identified and estimated
emissions for six facilities and concluded that setting a threshold of
25,000 mtCO2e would cover only half of the identified
facilities but result in only a small difference in the total U.S.
emissions that would be covered. After considering this information, we
are proposing to add the caprolactam, glyoxal, and glyoxylic acid
production source category as an ``all-in'' source category to Table A-
3 to subpart A of part 98 to gather information from all applicable
facilities, in order to account for the uncertainty in the data and
assumptions used in the threshold analysis (see section IV.D.4 of this
preamble for additional information). The proposed revisions to Table
A-3 specify that new subparts WW, XX, and YY would become applicable in
RY2025 (see section V of this preamble for additional details).\28\
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\28\ The proposed revisions to Table A-3 to subpart A also
include the proposed source category for Geologic Sequestration of
Carbon Dioxide with Enhanced Oil Recovery Using ISO 27916, proposed
as subpart VV of part 98 in the 2022 Data Quality Improvements
Proposal. Under this supplemental proposal, we are now proposing
this rule, if finalized, would be applicable in RY2025.
---------------------------------------------------------------------------
We are proposing to revise Table A-4 to subpart A of part 98 to
include a new source category for ceramics production (subpart ZZ). As
described in sections IV.E of this preamble, we conducted a threshold
analysis for the ceramics production source category and determined the
facilities in this source category have a broader range in emissions
quantity. In order to collect information from those facilities within
the source category with larger total emissions from multiple process
units, or collocated source categories that emit larger levels of GHGs
collectively, we are proposing to assign a threshold of 25,000
mtCO2e. For ceramics production (subpart ZZ), we are
proposing that part 98 would apply to certain ceramics production
processes that exceed a minimum production level (i.e., annually
consume at least 2,000 tons of carbonates or 20,000 tons of clay heated
to a temperature sufficient to allow the calcination reaction to occur)
and that exceed the 25,000 mtCO2e threshold. The proposed
requirements would ensure coverage of large ceramics production
facilities, while reducing the reporting burden for facilities with
collocated source categories that may have already met GHGRP reporting
thresholds under a different subpart of part 98 but may only have a
small artisan-level ceramics process on site. We are proposing to
revise Table A-4 such that new subpart ZZ would become applicable in
RY2025. See section V of this preamble for additional details on the
anticipated schedule for the proposed amendments.
In keeping with the proposed revisions discussed in section II.A.1
of this preamble, we are proposing minor clarifications to the
reporting and special provisions for best available monitoring methods
in 40 CFR 98.3(k) and (l), which apply to owners or operators of
facilities or suppliers that first become subject to any subpart of
part 98 due to amendment to Table A-1 to subpart A. The current
provisions, which were incorporated in the 2014 Fluorinated Gas Final
Rule, require that these facilities or suppliers must start monitoring
and collecting GHG data in compliance with the applicable subparts of
part 98 to which the facility is subject ``starting on January 1 of the
year after the year during which the change in GWPs is published,'' and
provide for the use of best available monitoring methods, as
applicable, for a period of three months ``of the year after the year
during which the change in GWPs is published.'' Specifically, we are
proposing to revise the term ``published'' to add ``in the Federal
Register as a final rulemaking.'' The proposed changes would clarify
the EPA's intent that the requirements apply to facilities or supplies
that are first subject to the GHGRP in the year after the year the GWP
is published as part of a final rule.
For the reasons described in section II.E of this preamble, the EPA
is proposing amendments to several defined terms in the General
Provisions. First, we are proposing to revise the definition of
``bulk'' to provide clarity to the regulated community. Under 40 CFR
98.6 ``bulk'' is currently defined as ``with respect to industrial GHG
suppliers and CO2 suppliers, [bulk] means the transfer of a
product inside containers, including, but not limited to tanks,
cylinders, drums, and pressure vessels.'' Importers of industrial GHGs
have had questions regarding this definition, particularly whether
imports of motor vehicle air conditioner charging kits would fall
within this definition given that the gas is in small cans in this
case. The EPA notes that the current definition does not include any
limit or restriction based on the size of the vessel in which the
industrial GHG or CO2 is transferred. Therefore, we maintain
that the imports of industrial GHGs and CO2 in small cans,
such as motor vehicle air conditioner charging kits, would be
reportable under subpart OO (Suppliers of Industrial Greenhouse Gases)
based on our current definition of bulk. However, to improve clarity,
the EPA is proposing to revise the definition of bulk to read that
``Bulk, with respect to industrial GHG suppliers and CO2
suppliers, means a transfer of gas in any amount that is in a container
for the transportation or storage of that substance such as cylinders,
drums, ISO tanks, and small cans. An industrial gas or CO2
that must first be transferred from a container to another container,
vessel, or piece of equipment in order to realize its intended use is a
bulk substance. An industrial GHG or CO2 that is contained
in a manufactured product such as electrical equipment, appliances,
aerosol cans, or foams is not a bulk substance.''
The revised definition would provide clarity to the regulated
community regarding whether the import or export of gas in small
containers would be considered ``bulk.'' The definition also provides
additional details for suppliers to determine whether different types
of imports or exports would fall within the definition. For example,
this definition makes it clear that imports of motor vehicle air
conditioner charging kits would qualify as imports of bulk substances,
because the gas must first be transferred from a container (i.e., the
kit) to another container, vessel, or piece of equipment (i.e., the
motor vehicle) in order to realize its intended use (i.e., comfort
cooling). In addition, the revised definition makes it clear that gas
contained in pre-charged equipment, appliances, foams, or aerosol cans
would not qualify as bulk substances. This is consistent with the EPA's
consideration of bulk in the past. In response to comments on the 2009
Final Rule (see ``Mandatory Greenhouse Gas Reporting Rule: EPA's
Response to Public Comments Volume No.: 40 Subpart OO--Suppliers of
Industrial Greenhouse Gases, September 2009''), we stated that the
``term `bulk' is intended to distinguish imports and exports in
containers (cylinders, drums, etc.) from imports and exports in
products; it is not intended to establish a minimum container or
shipment size below which reporting would not be required.'' After
considering comments, the EPA did include provisions in the industrial
gas supply reporting requirements (40 CFR 98.416) that exempt small
shipments (those including less than 25 kilograms) from the import and
export reporting requirements. However, a minimum
[[Page 32871]]
shipment size does not imply a minimum container size.
Finally, the revised definition would align the definition of
``bulk'' for industrial GHGs and CO2 under the GHG Reporting
Rule (40 CFR part 98) with the definition of ``bulk'' under the
regulations to phasedown hydrofluorocarbons (40 CFR part 84). We
recognize that some importers and exporters of industrial gases would
be covered under both programs, and that a consistent definition would
promote efficiency and clarity for implementation of both programs. For
example, we anticipate that importers and exporters may use the data
entered in the EPA's HFC and ODS Allowance Tracking (HAWK) system to
generate draft reporting forms that could be reviewed and submitted to
the EPA's e-GGRT annual reporting system under subpart OO of 40 CFR
part 98. A consistent set of definitions between the two programs would
simplify reporting. Relatedly, we seek comment on whether this
definition of bulk would be useful for suppliers of carbon dioxide
(subpart PP of part 98).
Next, the EPA is proposing to revise the definition of ``greenhouse
gas or GHG'' to clarify the treatment of fluorinated greenhouse gases.
The definition of ``greenhouse gas or GHG'' currently includes both a
reference to the definition of ``fluorinated greenhouse gas'' and a
partial list of the fluorinated GHGs that are encompassed by the
definition of ``fluorinated greenhouse gas.'' To simplify and clarify
the definition of ``greenhouse gas or GHG,'' we are proposing to remove
the partial list of fluorinated GHGs currently included in the
definition and to simply refer to the definition of ``fluorinated
greenhouse gas (GHGs).'' We are also proposing to explicitly include
the acronym ``(GHGs)'' after the term ``fluorinated greenhouse gas''
both in the definition of ``greenhouse gas or GHG'' and in the
definition of ``fluorinated greenhouse gas.'' This change would not
affect the scope of substances that are considered GHGs under part 98
but would avoid redundancy and potential confusion between the
definitions of ``greenhouse gas'' and ``fluorinated greenhouse gas.''
With this revision, the definition of ``Greenhouse gas or GHG'' would
read: ``Greenhouse gas or GHG means carbon dioxide (CO2),
methane (CH4), nitrous oxide (N2O), and
fluorinated greenhouse gases (GHGs) as defined in this section.''
Consistent with our proposed revisions of the fluorinated GHG
groups used to assign default GWPs, discussed in section III.A.1 of
this preamble, the EPA is also proposing to add seven definitions and
to revise two definitions of fluorinated GHG groups or of compound
types or molecular structures within those groups. Specifically, we are
proposing to add definitions of ``unsaturated chlorofluorocarbons
(CFCs),'' ``saturated chlorofluorocarbons (CFCs),'' ``unsaturated
bromofluorocarbons (BFCs),'' ``unsaturated bromochlorofluorocarbons
(BCFCs),'' ``unsaturated hydrobromofluorocarbons (HBFCs),'' and
``unsaturated hydrobromochlorofluorocarbons (HBCFCs).'' In addition, we
are proposing to add a definition of ``cyclic'' as it applies to
molecular structures of various fluorinated GHGs. We are also proposing
to revise the definition of ``fluorinated greenhouse (GHG) group'' to
include the new and revised groups.
We are also proposing to revise the term ``other fluorinated
GHGs,'' which is the name of the last of the twelve fluorinated GHG
groups that are used to assign default GWPs to compounds that do not
have chemical-specific GWPs in Table A-1 to subpart A of part 98. The
term ``other fluorinated GHGs'' is intended to encompass fluorinated
GHGs that are not included in any of the first eleven fluorinated GHG
groups that are specified based on their molecular compositions and
structures. However, the phrase ``other fluorinated GHGs'' is also used
in other contexts in part 98, potentially leading to confusion. For
example, the phrase ``other fluorinated GHGs'' occurs but is not
intended to mean the twelfth fluorinated GHG group in subpart L of part
98 (Fluorinated Gas Production) at 40 CFR 98.122(d), 98.124(g)(1)(iv),
98.124(g)(4), and 98.126(a)(4)(ii). We are therefore proposing to
revise the term ``other fluorinated GHGs'' to ``remaining fluorinated
GHGs'' to avoid such confusion.\29\ In addition, we are proposing to
revise the definition of the term to reflect the new and revised
fluorinated GHG groups discussed in section III.A.1 of this preamble.
---------------------------------------------------------------------------
\29\ As discussed in section II.A.1 of this preamble regarding
the update of global warming potentials, we are proposing to add two
new fluorinated GHG groups in this notification. If these two new
fluorinated GHG groups are added and the term ``other fluorinated
GHGs'' is revised to ``remaining fluorinated GHGs'' in the final
rule, then the group ``remaining fluorinated GHGs'' would become the
fourteenth fluorinated GHG group.
---------------------------------------------------------------------------
We are proposing to revise the definition of ``fluorinated heat
transfer fluids'' and to move it from 40 CFR 98.98 to 40 CFR 98.6 to
harmonize with proposed changes to subpart OO of part 98 (Suppliers of
Industrial Greenhouse Gases), as discussed in section III.K of this
preamble. Fluorinated compounds used as F-HTFs include, but are not
limited to, perfluoropolyethers (including PFPMIE),
perfluoroalkylamines, perfluoroalkylmorpholines, perfluoroalkanes,
perfluoroethers, perfluorocyclic ethers, and hydrofluoroethers. Many of
these compounds have GWPs near 10,000 and atmospheric lifetimes near
1,000 years. Currently, the term ``fluorinated heat transfer fluids''
is defined under subpart I of part 98 (Electronics Manufacturing) in
the context of electronics manufacturing, but we have become aware of
uses of F-HTFs that are chemically similar to those listed above in
industries other than electronics. For this reason, we are proposing to
require suppliers of F-HTFs that report under subpart OO to identify
the end uses for which the heat transfer fluid is used and the
aggregated annual quantities of each F-HTF transferred to each end use.
To clarify that the supplier reporting requirement would apply to F-
HTFs that are used outside of the electronics industry, we are
proposing to move the definition of ``fluorinated heat transfer
fluids'' to subpart A and to revise the definition (1) to explicitly
include industries other than electronics manufacturing, and (2) to
exclude most hydrofluorocarbons (HFCs), which are widely used as heat
transfer fluids outside of electronics manufacturing (in household,
mobile, commercial, and industrial air conditioning and refrigeration)
and are regulated under the American Innovation and Manufacturing Act
of 2020 (AIM) regulations at 40 CFR part 84.\30\ Including all HFCs in
the definition of ``fluorinated heat transfer fluids'' would expand the
definition, and the associated reporting requirements, far beyond our
intent, which is to gather information on supplies and end uses of F-
HTFs used in electronics manufacturing and in similar specialized
applications. The one HFC that would remain in the definition is HFC-
43-10mee, which is used as an F-HTF in electronics manufacturing and
which, like most other F-HTFs used in electronics manufacturing (and
unlike most HFCs used as refrigerants), is a liquid at room temperature
and pressure. With these changes, the proposed definition of
``fluorinated heat transfer fluids'' would read:
---------------------------------------------------------------------------
\30\ Hydrofluorocarbons would continue to be considered
``fluorinated greenhouse gases'' and therefore reportable under
other provisions of part 98.
Fluorinated heat transfer fluids means fluorinated GHGs used for
temperature control, device testing, cleaning substrate surfaces and
other parts, other solvent
[[Page 32872]]
applications, and soldering in certain types of electronics
manufacturing production processes and in other industries.
Fluorinated heat transfer fluids do not include fluorinated GHGs
used as lubricants or surfactants in electronics manufacturing. For
fluorinated heat transfer fluids, the lower vapor pressure limit of
1 mm Hg in absolute at 25 [deg]C in the definition of ``fluorinated
greenhouse gas'' in Sec. 98.6 shall not apply. Fluorinated heat
transfer fluids include, but are not limited to, perfluoropolyethers
(including PFPMIE), perfluoroalkylamines, perfluoroalkylmorpholines,
perfluoroalkanes, perfluoroethers, perfluorocyclic ethers, and
hydrofluoroethers. Fluorinated heat transfer fluids include HFC-43-
---------------------------------------------------------------------------
10meee but do not include other hydrofluorocarbons.
We request comment on the proposed definition. We also request
comment on other options to avoid requiring suppliers to report uses of
HFCs (and potentially other F-GHGs) used in most air-conditioning and
refrigeration applications, including the option of revising the
definition to explicitly include only fluorinated GHGs that are liquid
at room temperature (e.g., that have boiling points below 27 degrees C
[about 81 degrees F] at one atmosphere, which is a few degrees below
the boiling point of the F-GHG with the lowest boiling point that is
marketed for use as an HTF, 3M\TM\ Fluorinert\TM\ FC-87.).
In addition, the EPA is proposing to update 40 CFR 98.7 What
standardized methods are incorporated by reference into this part? To
reflect harmonizing changes based on the proposed addition of subparts
B (Energy Consumption), WW (Coke Calciners), and XX (Calcium Carbide
Production) to part 98, as well as the proposed revisions to subpart Y
of part 98 (Petroleum Refineries). The proposed revisions surrounding
these subparts include test methods. Specifically, the proposed
revisions to subparts B and XX add one test method to 40 CFR 98.24(b),
and two test methods to 40 CFR 98.504(b), respectively. The proposed
revisions to remove coke calciners from subpart Y and add them to new
subpart WW require not only the removal of monitoring requirements and
associated test methods for coke calciners from subpart Y, but also
reflect the latest versions of those test methods.
As described in section IV.A of this preamble, under newly proposed
subpart B, facilities would need to develop a written Metered Energy
Monitoring Plan (MEMP). In that MEMP, facilities would be required to
specify recordkeeping activities for electric meters, including an
indication of whether the meter conforms to American National Standards
Institute (ANSI) standard C12.1-2022 Electric Meters--Code for
Electricity Metering or another, similar consensus standard with
accuracy specifications at least as stringent as one of the cited ANSI
standards. We are proposing to incorporate by reference this ANSI test
method as indicated in 40 CFR 98.24(b) and 40 CFR 98.7(a).
Per section IV.C of this preamble, calcium carbide production
facilities would be required to analyze carbon content at least
annually using standard ASTM methods that are currently used in similar
source categories under part 98, including the American Society for
Testing and Materials (ASTM) D5373-08 Standard Test Methods for
Instrumental Determination of Carbon, Hydrogen, and Nitrogen in
Laboratory Samples of Coal or ASTM C25-06, Standard Test Methods for
Chemical Analysis of Limestone, Quicklime, and Hydrated Lime. We are
proposing to revise paragraphs 40 CFR 98.7(e)(1) and (27) to add a
reference to proposed 40 CFR 98.504(b) to clarify these methods are
incorporated by reference for the calcium carbide production source
category.
As described in section III.H of this preamble, the EPA is
proposing to remove coke calciners from subpart Y. Instead of reporting
coke calcining unit emissions under subpart Y, facilities with coke
calciners are proposed to report those emissions in the new proposed
subpart WW. Subpart Y at 40 CFR 98.254(h) currently requires the
determination of the mass of petroleum coke using Specifications,
Tolerances, and Other Technical Requirements For Weighing and Measuring
Devices, National Institute of Standards and Technology (NIST) Handbook
44 (2009) and the calibration of the measurement device according to
the procedures specified the same handbook. Those requirements are
proposed to be removed from subpart Y and the updated version,
Specifications, Tolerances, and Other Technical Requirements For
Weighing and Measuring Devices, NIST Handbook 44 (2022), is proposed
for subpart WW. These changes are reflected in subparts A, Y, and WW.
Likewise, three methods used to help determine the carbon content of
petroleum coke are proposed to be removed from subpart Y (40 CFR
98.254(i)) and updated versions of those same methods are proposed for
new subpart WW. Those methods are (1) ASTM D3176-15 Standard Practice
for Ultimate Analysis of Coal and Coke, (2) ASTM D5291-16 Standard Test
Methods for Instrumental Determination of Carbon, Hydrogen, and
Nitrogen in Petroleum Products and Lubricants, and (3) ASTM D5373-21
Standard Test Methods for Determination of Carbon, Hydrogen, and
Nitrogen in Analysis Samples of Coal and Carbon in Analysis Samples of
Coal and Coke.
In the 2022 Data Quality Improvements Proposal, we proposed to add
subpart VV to part 98 (Geologic Sequestration of Carbon Dioxide With
Enhanced Oil Recovery Using ISO 27916). It is likely that many
reporters that would be subject to the new proposed subpart VV would
have previously been subject to subpart UU of part 98 (Injection of
Carbon Dioxide). We received comments saying that the applicability of
proposed subpart VV was unclear. Therefore, as described in sections
III.O and III.P of this preamble, the EPA is now proposing to revise
section 98.470 of subpart UU of part 98 and sections 98.480 and 98.481
of proposed subpart VV to clarify the applicability of each subpart
when a facility chooses to quantify their geologic sequestration of
CO2 in association with EOR operations through the use of
the CSA/ANSI ISO 27916:2019 method. The proposed changes also would
clarify how CO2-EOR projects that may transition to use of
the CSA/ANSI ISO 27916:2019 method during a reporting year would be
required to report for the portion of the reporting year before they
began using CSA/ANSI ISO 27916:2019 (under subpart UU) and for the
portion after they began using CSA/ANSI ISO 27916:2019 (under proposed
subpart VV). Additionally, we previously proposed to incorporate by
reference the CSA/ANSI ISO 27916:2019 test method in the 2022 Data
Quality Improvements Proposal. In light of these supplemental proposed
revisions, we are proposing to modify the proposed incorporation by
reference regulatory text at 40 CFR 98.7(g) consistent with these
proposed revisions, such that the regulatory text would also reference
paragraphs 40 CFR 98.470(c) and 98.481(c).
B. Subpart C--General Stationary Fuel Combustion
For the reasons described in section II.D of this preamble, we are
proposing to add requirements for facilities under subpart C of part 98
(General Stationary Fuel Combustion) to report whether the unit is an
electricity generating unit (EGU) for each configuration that reports
emissions under either the individual unit provisions at 40 CFR
98.36(b) or the multi-unit provisions at 40 CFR 98.36(c). Additionally,
for multi-unit reporting configurations, we are proposing to add
requirements for facilities to report an estimated decimal fraction of
total emissions from the group that are attributable to EGU(s) included
in the group.
[[Page 32873]]
Under the current subpart C reporting requirements, the EPA cannot
determine the quantity of EGU emissions included in the reported total
emissions for the subpart. The proposed changes would allow the EPA to
estimate the EGU emissions included in the subpart C emission totals.
Understanding subpart C EGU GHG emissions is important to ensure more
accurate data analysis, to understand attribution of GHG emissions to
the power plant sector, and to inform policy goals under the CAA. For
example, the EPA's current data publication products attribute subpart
C emissions to the power plant sector based on the reported NAICS code
for the facility. However, some manufacturing facilities, such as
petroleum refineries and pulp and paper manufacturers, operate
stationary combustion sources that generate electricity. Reporting of
an EGU indicator for these units would allow the EPA to assign the
emissions from any electricity generating units at the facility more
appropriately to the power plant sector. Similarly, data analyses,
including those used for policy development, would be able to use the
EGU indicator to ensure a more comprehensive EGU data set was used.
We do not anticipate that the proposed data elements would require
any additional monitoring or data collection by reporters, because the
only added data elements would be whether any subpart C unit(s)
included in the report are EGU(s), and, for multi-unit configurations,
an estimated fraction of total emissions from the group that are
attributable to EGU(s) included in the group. I proposed changes would
result in minimal additional burden to reporters because the reporter
knows if the unit is an EGU and, if so, the estimated fraction of total
emissions attributable to the EGU can be determined by engineering
estimates. We are also proposing related confidentiality determinations
for the additional data elements, as discussed in section VI of this
preamble.
C. Subpart F--Aluminum Production
For the reasons described in section II.D of this preamble, we are
proposing to revise the reporting requirements of subpart F of part 98
(Aluminum Production). We are proposing to revise the reporting
requirements at 40 CFR 98.66(a) and (g) to require that facilities
report the facility's annual production capacity and annual days of
operation for each potline. The capacity of the facility and capacity
utilization would provide useful information for understanding
variations in annual emissions, to understand trends across the sector
and to support analysis of this source. We often contact facilities
seeking to understand yearly variations in the facility emissions, and
facilities explain that the variation was due to a smelter not
operating for a particular time period. Currently it is difficult to
determine without correspondence with the facility whether variations
in emissions are due to changes in yearly production or efforts to
improve operations to decrease emissions. If data on the production
capacity and annual days of operation for each potline are included in
the annual report, it could explain the variation and eliminate the
need for correspondence with facilities. We are also proposing related
confidentiality determinations for the additional data elements, as
discussed in section VI of this preamble.
D. Subpart G--Ammonia Manufacturing
For the reasons described in section II.D of this preamble, we are
proposing a revision to the reporting requirements of subpart G of part
98 (Ammonia Manufacturing) to enhance the quality and accuracy of the
data collected under the GHGRP. As discussed in section III.G of this
preamble, to increase the GHGRP's coverage of facilities in the
hydrogen production sector we are proposing to amend the applicability
of subpart P (Hydrogen Production) to include all facilities that
produce hydrogen gas as a product regardless of whether the product is
sold, with exemptions for any process unit for which emissions are
reported under another subpart of part 98, including ammonia production
units that report emissions under subpart G. However, we are proposing
to amend subpart G in this action to include a reporting requirement
for facilities to report the annual quantity of excess hydrogen
produced that is not consumed through the production of ammonia. This
change would ensure that revisions to subpart P to exclude reporting
from facilities that are subject to subpart G would not result in the
exclusion of reporting of any excess hydrogen production at facilities
that are subject to subpart G from the GHGRP. The proposed revision
would also help the EPA to understand facilities that engage in captive
hydrogen production and better inform our knowledge of industry
emissions and trends. We are also proposing related confidentiality
determinations for the additional data element, as discussed in section
VI of this preamble.
E. Subpart I--Electronics Manufacturing
We are clarifying a proposed revision to Table I-16 to subpart I of
part 98 (Electronics Manufacturing) to correct a typographical error in
the 2022 Data Quality Improvements Proposal. The June 21, 2022 proposed
rule's amendatory text shows the current DRE for NF3 of 88
percent instead of the DRE proposed of 96 percent. The DRE calculated
for NF3 is 96 percent based on data submitted to the EPA, as
shown in the supplemental material ``combined DRE data sets.xlsx'' in
the docket for the proposed rule. For more information on the how the
DREs were calculated, see the preamble to the 2022 Data Quality
Improvements Proposal and the memorandum, Revised Technical Support for
Revisions to Subpart I: Electronics Manufacturing, available in the
docket for this rulemaking, Docket Id. No. EPA-HQ-OAR-2019-0424.
We are also proposing revisions to Table I-18 to subpart I of part
98 to correct the proposed gamma factors to estimate by-products for
NF3 used in remote plasma cleaning for facilities
manufacturing both wafers <= to 200 mm and 300 mm or greater. The by-
product gamma for CHF3, CH2F2 and
CH3F for facilities manufacturing both wafer sizes should be
equal to the by-product gamma factor for 300 mm and not an average of
the 200 mm gamma (which is zero) and the 300 mm gamma. More information
can be found in the revised technical support document (TSD), Revised
Technical Support for Revisions to Subpart I: Electronics
Manufacturing, available in the docket for this rulemaking (Docket Id.
No. EPA-HQ-OAR-2019-0424).
F. Subpart N--Glass Production
For the reasons described in section II.D of this preamble, we are
proposing revisions to the recordkeeping and reporting requirements of
subpart N of part 98 (Glass Production) to enhance the quality and
accuracy of the data collected under the GHGRP. We are proposing to
revise the existing reporting and recordkeeping requirements for both
CEMS and non-CEMS facilities to require that they report and maintain
records of recycled scrap glass (cullet) used as a raw material.
Specifically, we are proposing to add provisions to 40 CFR 98.146 to
require reporting of the annual quantity of cullet used (in tons) in
each continuous glass melting furnace and in all furnaces combined by
glass type (e.g., container, flat glass, fiber glass, or specialty
glass). This quantity would include both recycled glass that was
brought in from other facilities or purchased from external sources
(e.g., recycling programs) and glass that has been produced at the
facility and then added back into the production process (sometimes
referred to as ``run-
[[Page 32874]]
around''). We are also proposing to add provisions to 40 CFR 98.147 to
require recordkeeping of the monthly quantity of cullet used (in tons)
in each continuous glass melting furnace by product type (e.g.,
container, flat glass, fiber glass, or specialty glass), and the number
of times in the reporting year that missing data procedures were used
to measure monthly quantities of cullet used.
Although there are variations in the types of carbonates used at
different facilities and some facilities use other carbonate raw
materials in much smaller quantities, the major raw materials (i.e.,
fluxes and stabilizers) that emit process-related CO2
emissions in glass production are limestone, dolomite, and soda ash. In
general, the composition profile of raw materials is relatively
consistent among individual glass types, however, some facilities use
cullet in their production process. Unlike carbonate-based raw
materials, cullet does not produce process GHG emissions when used in
the glass production process. Therefore, differences in the quantities
of cullet used can lead to variations in emissions from the production
of different glass types. Furthermore, the production of some glass
types (e.g., container, flat glass, fiber glass, specialty glass)
consumes more cullet than others. The amount of cullet used at
individual facilities can also vary from year to year, which can cause
related changes in emissions. Additionally, due to its lower melting
temperature, mixing cullet with other raw materials can reduce the
amount of energy required to produce glass and thus also reduce
combustion emissions related to glass production.
The annual quantities of cullet used would provide a useful metric
for understanding variations and differences in emissions estimates
that may not be apparent in the existing data collected, improve our
understanding of industry trends, and improve verification for the
GHGRP. The proposed data elements would also provide useful information
to improve analysis of this sector in the Inventory. As noted in the
2019 Inventory report,\31\ the EPA reviews the GHGRP data during the
development of inventory estimates for this sector to help understand
the completeness of emission estimates and for quality control.
Including cullet use would increase the transparency and accuracy of
the data set produced by the Inventory. Additionally, collecting more
detailed data on raw materials would improve analysis of this sector by
other EPA programs.
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\31\ See Inventory of U.S. Greenhouse Gas Emissions and Sinks:
1990-2017 (2019), available at www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks-1990-2017.
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While we are proposing to collect the sum of both externally-
sourced recycled glass and facility ``run-around'' recycled glass, we
seek comment on the degree to which each of these types of recycled
glass are tracked by facilities, and/or what kinds of cullet use data
are readily available. Furthermore, we seek comment on the degree to
which recycled glass use is tracked by produced glass type, and whether
it is common for a glass melting furnace to be used to produce more
than one glass type in a reporting year. We do not anticipate that the
proposed data elements would require any additional monitoring or data
collection by reporters, as cullet use data are likely available in
existing company records. The proposed changes would therefore result
in minimal additional burden to reporters. We are also proposing
related confidentiality determinations for the additional data
elements, as discussed in section VI of this preamble.
G. Subpart P--Hydrogen Production
The EPA is proposing several amendments to subpart P of part 98
(Hydrogen Production) that include expanding the source category to
include non-merchant hydrogen production facilities, as well as
clarifications and additions to the reporting elements resulting in
enhanced unit-level reporting for facilities in the hydrogen production
sector. As discussed in sections II.B and II.D of this preamble, these
amendments would address potential gaps in applicability and reporting,
allowing the EPA to better understand and track facilities and
emissions. These data would inform future policy considerations under
the CAA, and additionally could inform future policy considerations
like those set forth by other Government programs.
Currently, section 98.160 states, ``A hydrogen production source
category consists of facilities that produce hydrogen gas sold as a
product to other entities.'' This provision notably limits
applicability to so-called ``merchant'' plants that sell hydrogen
produced as a product. Based on requirements in subpart Y of part 98
(Petroleum Refineries), hydrogen production units at petroleum
refineries are required to report hydrogen production GHG emissions
under subpart P even though they do not sell the hydrogen gas to other
entities. Similarly, subpart G of part 98 (Ammonia Manufacturing)
essentially provides calculation methodologies analogous to subpart P
to account for GHG emissions from ammonia production, which entails the
use of captive hydrogen production. However, through external analysis
and communications with facilities reporting to the GHGRP, we
understand that there are other facilities that produce hydrogen and
consume it onsite (i.e., captive plants), that are not required to
report their hydrogen production GHG emissions under subpart P or any
other GHGRP subpart. To increase the GHGRP's coverage of facilities in
the hydrogen production sector, we are proposing to amend the source
category definition in 40 CFR 98.160 to include all facilities that
produce hydrogen gas as a product regardless of whether the product is
sold. We are also proposing to categorically exempt any process unit
for which emissions are reported under another subpart of part 98. This
includes, but is not necessarily limited to, ammonia production units
that report emissions under subpart G of part 98, catalytic reforming
units located at petroleum refineries that produce hydrogen as a by-
product for which emissions are reported under subpart Y of part 98,
and petrochemical production units that report emissions under subpart
X of part 98 (Petrochemical Production). We are also proposing to
exempt process units that only separate out diatomic hydrogen from a
gaseous mixture and are not associated with a unit that produces
diatomic hydrogen created by transformation of one or more feedstocks,
which would codify the existing interpretation currently included in
FAQ #695.\32\ We note that the EPA is also proposing to amend subpart G
of part 98 in this action to include a reporting requirement for
facilities to report the annual quantity of excess hydrogen produced
that is not consumed through the production of ammonia (see section
III.C of the preamble for additional details).
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\32\ See GHGRP FAQ #695 ``What is a hydrogen production process
unit?'' Available at: https://ccdsupport.com/confluence/pages/viewpage.action?pageId=173080687.
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Additionally, the EPA is proposing to amend the source category
definition to clarify that stationary combustion sources that are part
of the hydrogen production unit (e.g., the reforming furnace and
hydrogen production process unit heater) are part of the hydrogen
production source category and that their emissions are to be reported
under subpart P. Depending on the configuration of the hydrogen
production unit, the exhaust gases from
[[Page 32875]]
the combustion of fuel used to raise the temperature of the feedstocks
and supply energy needed for the transformation reaction may be emitted
through the same stack as the ``process'' emissions (i.e.,
CO2 produced from the transformation of feedstocks) or
through separate stacks. Currently, 40 CFR 98.162 requires reporting of
GHG emissions ``from each hydrogen production process unit'' under
subpart P and reporting of GHG emissions from ``each stationary
combustion unit other than hydrogen production process units'' under
subpart C of part 98 (General Stationary Fuel Combustion Sources). This
has led to some confusion regarding whether hydrogen production unit
furnaces or process heaters that exhaust through a separate stack than
the process emissions should be reported under subpart P or subpart C
of this part. This proposed amendment to the source category definition
seeks to clarify that these furnaces or process heaters are part of the
hydrogen production process unit regardless of where the emissions are
exhausted. We are also proposing to clarify that, if a hydrogen
production unit with separate stacks for ``process'' emissions and
``combustion'' emission uses a CEMS for the process emissions stack,
reporters must calculate and report the CO2 emissions from
the hydrogen production unit's fuel combustion using the mass balance
equations in subpart P (equations P-1 through P-3) in addition to the
CO2 emissions measured by the CEMS. Although this
circumstance is expected to be rare, these amendments are necessary to
clarify the reporting requirements for cases where hydrogen production
process and combustion emissions are emitted through separate stacks.
These amendments also allow for a more direct comparison of the GHG
emission intensities for hydrogen production units using single versus
dual stack configurations.
Hydrogen production can be achieved through a variety of chemical
processes including the use of steam methane reforming (SMR), SMR
followed by water gas shift (WGS) reaction, partial oxidation (POX),
POX followed by WGS, and water or brine electrolysis. Each chemical
production process has different yields of hydrogen and, depending on
the desired product, the product stream may require purification. There
are different purification processes that most commonly include
pressure swing adsorption (PSA), amine adsorption, or membrane
separation. Similar to the chemical production process, each
purification process may yield products of different hydrogen purity
and have different energy requirements. It is also worth noting that
some hydrogen plants may perform purification of hydrogen that is
included in the feedstock entering the plant. An example would be a
refinery that directs the exhaust gas from a process unit that has
elevated levels of hydrogen to its hydrogen plant. In this case, the
hydrogen plant acts to both ``produce hydrogen'' (by reforming,
gasification, oxidation, reaction, or other feedstock transformations)
and ``purify hydrogen'' that exists in the feedstock to the plant. That
is, the total quantity of hydrogen exiting the hydrogen plant may
consist of hydrogen chemically produced (and subsequently purified)
within the unit as well as hydrogen merely purified by the unit.
For the reasons described in section II.D of this preamble, in
order to best understand the reported data, we are proposing to add
requirements for facilities to the report the process type for each
hydrogen production unit (i.e., SMR, SMR-WGS, POX, POX-WGS, Water
Electrolysis, Brine Electrolysis, or Other (specify)), the purification
type for each hydrogen production unit (i.e., PSA, Amine Adsorption,
Membrane Separation, Other (specify), or none), and the annual quantity
of hydrogen that is only purified by each hydrogen production unit. We
note that subpart P currently requires reporting of the quantity of
hydrogen that is produced by each hydrogen production unit. We intended
this quantity to only include that quantity of hydrogen produced in the
unit by reforming, gasification, oxidation, reaction, or other
transformations of feedstocks. Through verification efforts, we
identified some facilities that were reporting the total quantity of
hydrogen exiting the hydrogen production unit, not just the quantity of
hydrogen produced within the unit via reforming, gasification,
oxidation, reaction, or other transformations of feedstocks. We could
identify these facilities because the ratio of hydrogen produced to
feedstock consumed was outside of the expected range. We developed and
posted a frequently asked question (FAQ #698) \33\ to clarify this
reporting element, but some reporters may still be reporting their
combined quantity of hydrogen produced plus the quantity of hydrogen
merely purified. In addition to proposing to add the annual quantity of
hydrogen that is only purified by each hydrogen production unit, we are
also proposing to clarify that the current reporting requirement is the
annual quantity of hydrogen that is produced ``. . . by reforming,
gasification, oxidation, reaction, or other transformations of
feedstocks.''
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\33\ See GHGRP FAQ #698 ``How do I determine the quantity of
hydrogen produced?'' Available at: https://ccdsupport.com/confluence/pages/viewpage.action?pageId=173080692.
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We are also proposing to amend the current reporting requirement in
40 CFR 98.166(c) regarding the facility-level quantity of
CO2 that is collected and transferred offsite to require the
quantity of CO2 collected and transferred offsite to be
reported on a unit-level. This is consistent with other revisions
proposed in subpart P in the 2022 Data Quality Improvements Proposal
(e.g., mass of non-CO2 carbon (excluding methanol) collected
and transferred offsite) and would allow the EPA to perform unit-level
analyses. We are also proposing to require reporting of the annual net
quantity of steam consumed by the unit, which would be a positive
quantity if the hydrogen production unit is a net steam user (i.e.,
uses more steam than it produces) and a negative quantity if the
hydrogen production unit is a net steam producer (i.e., produces more
steam than it uses). Together, these proposed additional, amended, and
clarified reporting requirements would enable us to perform
benchmarking across process types at the unit-level, conduct more
rigorous verification of the reported data, better understand
production quantities, and collect more comprehensive and accurate data
to inform future policy decisions.
Because we are proposing to require all data elements be reported
at the unit level, we are also proposing to reorganize and consolidate
all of the reporting elements reported at the unit level under 40 CFR
98.166(b) regardless of the calculation method (i.e., mass balance or
CEMS). We are also proposing reporters provide the emissions
calculation method used (CEMS for 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 process emissions alone plus mass balance for hydrogen
production unit fuel combustion using equations P-1 through P-3; mass
balance using equations P-1 through P-3 only; mass balance using
equations P-1 through P-4). If a common stack CEMS is used, either for
multiple hydrogen production units or that includes emissions from
other sources, we are proposing to require that the estimated fraction
of CO2 emissions attributable to each hydrogen production
unit be reported so
[[Page 32876]]
we can estimate unit-level CO2 emissions for each hydrogen
production unit. The revisions in 40 CFR 98.166(b) also require a
proposed revision to 40 CFR 98.167(b) to broaden the recordkeeping
requirements related to elements reported under 40 CFR 98.166(b).
We are also proposing to remove and reserve the recordkeeping
requirements in 40 CFR 98.167(c). We determined that these
recordkeeping requirements at 40 CFR 98.167(c)(1) are redundant to the
general requirements already specified in 40 CFR 98.3(g) and that the
requirements at 40 CFR 98.167(c)(2) and (3) are not applicable to
hydrogen production units using the calculation method in 40 CFR
98.163(b).
We anticipate that the proposed data elements would require some
additional monitoring or data collection by reporters. First, we are
proposing to add several reporting elements to better characterize the
type of hydrogen production unit and the type of associated
purification process used. This information is readily available by
hydrogen production unit owners or operators, so the data collection
effort would be minimal and would not require any additional
monitoring. We are also proposing to require reporting of emission and
activity on a process unit basis, some of which was previously required
only at the facility level. For reporters with multiple hydrogen
production units, this may lead to a slight increase in the data
collected by reporters. Finally, by proposing to broaden the source
category to include captive hydrogen production units, there may be new
reporters under subpart P. We expect that the number of new reporters
would be small, because captive hydrogen production units at petroleum
refineries were already required to report under subpart P due to
requirements in subpart Y. However, there may be additional captive
hydrogen production units that would newly have to report under subpart
P and these reporters would have additional monitoring or data
collection requirements. The proposed changes would therefore result in
minimal additional burden to current subpart P reporters and more
substantive additional burden to new reporters to subpart P. We are
also proposing related confidentiality determinations for the
additional data elements, as discussed in section VI of this preamble.
Due to the expected importance of hydrogen in future energy supply,
the EPA is considering additional revisions to subpart P. The first
revision would be to make subpart P an ``all-in'' subpart, such that
any facility meeting the definition of the hydrogen production source
category at 40 CFR 98.160 would be required to report under the GHGRP.
This would entail moving subpart P from Table A-4 to Table A-3 so that
it would no longer be subject to the 25,000 mtCO2e
applicability threshold at 40 CFR 98.2(a)(2). The purpose of this
potential revision would be to collect information on hydrogen
production facilities that use electrolysis or other production methods
that may have small direct emissions but use relatively large
quantities of offsite energy to power the process. So, although the
emissions occurring onsite at these hydrogen production facilities may
fall below the current applicability threshold, the combined direct
emissions (i.e., ``scope 1'' emissions) and emissions attributable to
energy consumption (i.e., ``scope 2'' emissions) \34\ could be
significant. These considerations are especially important in
understanding hydrogen as a fuel source. The EPA is aware of two
concerns with this potential revision. First, it may be burdensome to
small hydrogen producers. Second, even if small producers were
exempted, the remaining newly applicable facilities (i.e., those that
have small direct emissions but use large quantities of offsite energy)
may be eligible to cease reporting after three to five years, resulting
in a limited data set.
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\34\ See section IV.A.1 of this preamble for additional
information on the EPA's collection of data related to energy
consumption.
---------------------------------------------------------------------------
To address the first concern, the EPA is considering including a
minimum annual hydrogen production quantity within the subpart P source
category definition to limit the applicability of the subpart to larger
hydrogen production facilities. The current 25,000 mtCO2e
threshold for subpart P translates to the production of approximately
2,500 metric tons (mt) of hydrogen for a steam methane reformer, a
process which typically produces approximately 10 mt CO2 per
mt of hydrogen produced. We request comment on updating the subpart P
source category definition to require reporting from hydrogen
production processes that exceed a 2,500 mt hydrogen production
threshold or other metric rather than a production threshold. We
request comment on the appropriate production threshold and other
approaches for revising the source category definition while also
excluding small producers.
Regarding the second concern, 40 CFR 98.2(i) enables reporters to
``off-ramp'' (stop reporting) after three years if their emissions are
under 15,000 mtCO2e or after five years if their emissions
are between 15,000 and 25,000 mtCO2e. As discussed above,
EPA anticipates that hydrogen production facilities that use
electrolysis or other production methods that may have smaller direct
emissions (i.e., scope 1 emissions) would likely qualify to cease
reporting after three to five years. We are seeking comment on
potential options for how we could require continued reporting for the
newly applicable subpart P reporters when a reporter would normally be
eligible to stop reporting, to enable collection of a more
comprehensive data set over time. Two examples of how this could be
accomplished would be to exempt subpart P reporters from the provisions
at 40 CFR 98.2(i) or develop a subpart P-specific off-ramp provision
tied to hydrogen production levels consistent with the potential
revised source category definition.
Finally, the EPA is considering revising subpart P to require
hydrogen production facilities to report the quantity of hydrogen
provided to each end-user (including both onsite use and delivered
hydrogen) and, if the end-user reports to GHGRP, the GHGRP ID for that
customer. Because hydrogen production can be GHG intensive, we consider
it important to understand the demand for and use of hydrogen for
carrying out a wide variety of CAA provisions. We request comment on
the approach to collecting this sales information and the burden such a
requirement may impose. One potential option would be to limit the
reporting requirement to bulk hydrogen sales, and we request comment on
the quantity of hydrogen that should qualify as bulk under this
scenario. In addition, the EPA anticipates that some facilities may
deliver hydrogen to a pipeline and may not know the end customers for
these deliveries. However, the EPA anticipates that this situation
could be mitigated by only requiring facilities to report information
on sales where the customers are known to the facility.
H. Subpart Y--Petroleum Refineries
We are proposing several amendments to subpart Y of part 98
(Petroleum Refineries) that would provide clarification and consistency
to the rule requirements.
First, for the reasons described in section II.B of this preamble,
we are proposing to delete reference to non-merchant hydrogen
production plants in paragraph 40 CFR 98.250(c) and to delete and
reserve paragraphs 40 CFR 98.252(i), 98.255(d), and 98.256(b). We are
proposing these deletions because of
[[Page 32877]]
the proposed revisions to subpart P of part 98 (Hydrogen Production)
that broaden the applicability of subpart P beyond merchant hydrogen
production units. Hydrogen production units collocated at petroleum
refineries would continue to have their emissions reported under
subpart P, but subpart Y would no longer have to specifically require
the non-merchant hydrogen production units to be reported under subpart
P because subpart P would directly apply to these units.
Second, we are proposing to delete reference to coke calcining
units in paragraphs 40 CFR 98.250(c) and 98.257(b)(16) through (19) and
to remove and reserve paragraphs 40 CFR 98.252(e), 98.253(g),
98.254(h), 98.254(i), 98.256(i), and 98.257(b)(27) through (31). We are
proposing these removals because of the proposed addition of subpart WW
to part 98 (Coke Calciners) (see section IV.B of this preamble for
additional information). With the addition of subpart WW, these
provisions would no longer be necessary in subpart Y. Facilities with
coke calciners would report their coke calcining unit emissions in the
new proposed subpart WW, therefore maintaining these requirements in
subpart Y would be duplicative.
Third, for the reasons described in section II.D of this preamble,
we are proposing to include a requirement to report the capacity of
each asphalt blowing unit. Unlike other emission units subject to
reporting in subpart Y, asphalt blowing units currently do not have a
reporting requirement for the unit-level capacity. Consistent with the
existing reporting requirements for other emissions units under subpart
Y, we are proposing to include a requirement for the maximum rated
unit-level capacity of the asphalt blowing unit, measured in mt of
asphalt per day, in 40 CFR 98.256(j)(2). These data would be used by
the EPA for emissions analysis, data normalization, benchmarking, and
emissions verification.
We do not anticipate that the proposed data elements would require
any additional monitoring or data collection by reporters, because the
only added data element is the capacity of each asphalt blowing unit,
which is expected to be readily available on the equipment or in the
operating permit for the unit. The proposed changes would therefore
result in minimal additional burden to reporters. We are also proposing
related confidentiality determinations for the additional data element,
as discussed in section VI of this preamble.
I. Subpart AA--Pulp and Paper Manufacturing
For the reasons described in section II.C of this preamble, the EPA
is proposing to amend specific provisions in the GHG Reporting Rule to
require additional calculation requirements under subpart AA of part 98
(Pulp and Paper Manufacturing). We are proposing to revise 40 CFR
98.273 to include calculation requirements for the combustion of
biomass fuels from Table C-1 to subpart C of part 98 (General
Stationary Fuel Combustion Sources) and for the combustion of biomass
with other fuels for each reported unit-type. For the units reported
under this subpart, the rule currently includes methodologies to
calculate CO2, CH4 and N2O emissions
from the combustion of fossil fuels, and CH4, N2O
and biogenic CO2 emissions from the combustion of spent
liquor solids. However, there is no calculation methodology provided
for a scenario in which biomass other than spent liquor solids are
fired within a unit or co-fired or blended with fossil fuels.
Therefore, we are proposing to revise 40 CFR 98.273 to include
methodologies to calculate CH4, N2O and biogenic
CO2 emissions from the combustion of biomass fuels other
than spent liquor solids, as well as the combustion of biomass other
than spent liquor solids with other fuels, according to the applicable
methodology from the provisions for stationary combustion sources found
at 40 CFR 98.33(a), 40 CFR 98.33(c), and 40 CFR 98.33(e).
For the reasons described in section II.E of this preamble, we are
also proposing to revise the subpart AA reporting requirements at 40
CFR 98.276(a) to remove references to biogenic CH4 and
biogenic N2O. These terms have no meaning in the rule as
CH4 and N2O are treated the same whether from
biomass or fossil fuel combustion. This change aligns subpart AA with
the terminology used for stationary combustion sources in subpart C and
other combustion emissions throughout the rule.
Lastly, we are proposing to correct a typographical error at 40 CFR
98.277(d) by revising ``detemining'' to ``determining''.
J. Subpart HH--Municipal Solid Waste Landfills
For the reasons described in sections II.B and II.C of this
preamble, we are proposing several revisions to subpart HH of part 98
(Municipal Solid Waste Landfills) to improve the quality of data
collected under the GHGRP. First, for the reasons described in section
II.B of this preamble, we are proposing to account for methane
emissions from large release events that are currently not quantified
under the GHGRP. In light of recent aerial studies indicating that
methane emissions from landfills may be considerably higher than
methane emissions quantified/reported under subpart HH,\35\ the EPA
reviewed the current subpart HH equations and available literature \36\
to determine methods by which the subpart HH calculation methodologies
could be modified or improved to account for these high emission
events, particularly for landfills with gas collection systems. The
following three likely reasons for high emission events were
identified: (1) a poorly operating or non-operating gas collection
system; (2) a poorly operating or non-operating destruction device; and
(3) a leaking cover system due to cracks, fissures, or gaps around
protruding wells. With respect to a poorly operating or non-operating
gas collection system, equations HH-7 and HH-8 account for this in the
``fRec'' term (i.e., the fraction of annual operating hours
the associated recovery system was operating). In reviewing equations
HH-7 and HH-8, we realized that the equations suggest that the
fRec term is a function of the measurement location. For the
reasons described in section II.C of this preamble, we are proposing
revisions to equations HH-7 and HH-8 to more clearly indicate that the
fRec term is dependent on the gas collection system. This
proposed revision clarifies how the equation should apply to landfills
that may have more than one gas collection system and may have multiple
measurement locations associated with a single gas collection system.
For the reasons discussed in section II.B of this preamble, we are also
proposing that recovery system operating hours would only include those
hours when the system is operating normally. We are proposing that
facilities would not include hours when the system is shut down or when
the system is poorly operating (i.e., not operating as intended). We
anticipate that poorly operating systems could be identified when
pressure, temperature, or other parameters indicative of system
performance are outside of normal variances for a significant portion
of the system's gas collection wells. We are
[[Page 32878]]
seeking comment on what set of parameters should be used to identify
these poorly operating periods and whether a threshold on the
proportion of wells operating outside of their normal operating
variance should be included in the definition of the fRec
term to define these periods of poor performance, which we are
proposing to exclude from the ``normal'' operating hours. With respect
to a poorly operating or non-operating destruction device, equations
HH-6, HH-7 and HH-8 account for this in the ``fDest'' term
(i.e., the fraction of annual hours the destruction device was
operating). We are also proposing revisions to fDest to
clarify that the destruction device operating hours exclude periods
when the destruction device is poorly operating. We are proposing that
facilities should only include those periods when flow was sent to the
destruction device and the destruction device was operating at its
intended temperature or other parameter that is indicative of effective
operation. For flares, we are proposing that periods when there is no
pilot flame would be considered a poorly operating period that is
excluded from destruction device operating hours. The proposed
revisions would ensure that the equations account for emissions from
periods in which the gas collection systems or destruction devices are
poorly operating or non-operating.
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\35\ Duren, R.M., et al. 2019. ``California's methane super-
emitters.'' Nature 575, 180-184. 7 November 2019. Available at:
https://doi.org/10.1038/s41586-019-1720-3.
\36\ See Technical Support for Supplemental Revisions to Subpart
HH: Municipal Solid Waste Landfills, available in the docket for
this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
---------------------------------------------------------------------------
With respect to emissions from leaking cover systems due to cracks,
fissures, or gaps around protruding wells, these issues would reduce
the landfill gas collection efficiency and would also reduce the
fraction of methane oxidized near the surface of the landfill. We found
that equations HH-6, HH-7, and HH-8 do not directly account for periods
where surface issues reduce the gas collection efficiency and/or reduce
the fraction of methane oxidized. Owners or operators of landfills with
gas collection systems subject to the control requirements in the NSPS
as implemented in 40 CFR part 60, subpart WWW or XXX, EG in 40 CFR part
60, subparts Cc or Cf as implemented in approved state plans, or
Federal plans as implemented at 40 CFR part 62, subparts GGG or OOO
must operate the gas collection system so that the methane
concentration is less than 500 parts per million above background at
the surface of the landfill. To demonstrate compliance with this
requirement, landfill owners or operators must monitor surface
concentrations of methane along the entire perimeter of the collection
area and along a pattern that traverses the landfill at 30-meter
intervals for each collection area on a quarterly basis using an
organic vapor analyzer, flame ionization detector, or other portable
monitor meeting the rule's specifications. The probe inlet must be
placed within 5 to 10 centimeters of the ground. Any reading of 500
parts per million or more above background at any location must be
recorded as a monitored exceedance and corrective actions must be
taken.
Considering the applicability of the landfill NSPS (40 CFR part 60,
subpart WWW or XXX), state plans implementing the EG (40 CFR part 60,
subparts Cc or Cf), or Fplans (40 CFR part 62, subparts GGG or OOO), we
estimate that more than 70 percent of landfills with gas collection
systems must make these surface measurements. Data presented by Heroux,
et al.,\37\ suggests that the methane flux is proportional to the
measured methane concentration at 6 centimeters above the ground. We
are proposing to add a term to equations HH-6, HH-7, and HH-8 based on
this correlation to adjust the estimated methane emissions for
monitoring exceedances. We are proposing to add surface methane
concentration monitoring methods at 40 CFR 98.344(g) commensurate with
the monitoring requirements in the landfill NSPS, EG, or Federal plans.
We are proposing to require landfill owners and operators that must
already conduct these surface measurements to conduct the measurements
as specified in 40 CFR 98.344(g), provide a count of the number of
exceedances identified during the required surface measurement period,
including exceedances when re-monitoring (if re-monitoring is
conducted), and use an additional equation term to adjust the reported
methane emissions to account for these exceedances. For more
information on the assessment of landfills subject to the NSPS, state
plans implementing the EG, or Federal plan and the development of the
additional equation term, see Technical Support for Supplemental
Revisions to Subpart HH: Municipal Solid Waste Landfills, available in
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
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\37\ Heroux, M., C. Guy, and D. Millete. 2010. ``A Statistical
Model for Landfill Surface Emissions.'' Journal of the Air & Waste
Management Association, 60:2, 219-228. https://doi.org/10.3155/1047-3289.60.2.219.
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Comments received on the 2022 Data Quality Improvements Proposal
cited a Maryland study in which the collection efficiencies for non-
regulated landfills were 20 percent lower, on average, than for
regulated landfills (i.e., subject to NSPS, state plans implementing
EG, or Federal plan).\38\ These results make sense because the
objective of the surface methane concentration measurements are to
ensure proper gas collection and non-regulated landfills that do not
conduct these measurements would not necessarily have such checks in
place and may be expected to have higher emissions. However, the
landfill gas collection efficiency for a given landfill depends on
numerous factors. Specifically, the subpart HH calculation methodology
will yield different average gas collection efficiencies based on the
relative area of the landfill affected by the gas collection system and
the type of soil cover used in those areas affected by the gas
collection system, as provided in Table HH-3 to subpart HH of part 98.
Therefore, we reviewed the Maryland study data and compared the
Maryland study data results with the collection efficiencies reported
under subpart HH (for Maryland landfills also reporting to the GHGRP).
For the subset of Maryland landfills also reporting to the GHGRP, the
Maryland study gas collection efficiencies for non-regulated landfills
was 20 percent lower than for regulated landfills, which is consistent
with the findings using the full set of Maryland landfills. However,
the GHGRP reported gas collection efficiencies for non-regulated
landfills in Maryland were 10 percent lower than for regulated
landfills. Thus, it appears that some of the observed differences in
the gas collection efficiencies for the Maryland landfills may already
be accounted for by the subpart HH calculation methodology. If the
default gas collection efficiencies provided in Table HH-3 were 10
percent lower than the existing values for non-regulated landfills, the
GHGRP calculated collection efficiencies would agree with the 20
percent overall differences observed in the Maryland study. For more
detail regarding our review of the Maryland study data, see Technical
Support for Supplemental Revisions to Subpart HH: Municipal Solid Waste
Landfills, available in the docket for this rulemaking (Docket Id. No.
EPA-HQ-OAR-2019-0424).
---------------------------------------------------------------------------
\38\ Environmental Integrity Project. Public Comments on Docket
Id. No. EPA-HQ-OAR-2019-0424, Revisions and Confidentiality
Determinations for Data Elements Under the Greenhouse Gas Reporting
Rule, Proposed Rule, 87 FR 36920 (June 21, 2022).
---------------------------------------------------------------------------
Based on our review of the Maryland study data along with the
existing methodologies in subpart HH, we are proposing to include a new
set of gas collection efficiency values in Table HH-3 that are
applicable to landfills that do not conduct surface methane
[[Page 32879]]
concentration measurements (i.e., facilities that are not subject to
the landfill NSPS, EG, or Federal plan or that do not elect to monitor
their landfill cover according to the landfill rule requirements at 40
CFR 98.344(g)(7)). These new factors are 10 percent lower than the
current values in Table HH-3. We are proposing to also retain the
current set of collection efficiencies, but to modify the provision
such that these values would only be applicable for landfills that are
conducting surface methane concentration measurements according to the
landfills rule requirements. We are proposing that facilities that are
not subject to the landfill NSPS (40 CFR part 60, subpart WWW or XXX),
state plans implementing the EG (40 CFR part 60, subparts Cc or Cf), or
Federal plans (40 CFR part 62, subparts GGG or OOO) must either: (1)
use the proposed lower gas collection efficiency values; or (2) monitor
their landfill cover and use the current set of collection efficiency
values. We are also proposing to add surface methane concentration
monitoring methods at 40 CFR 98.344, which would require landfill
owners and operators that elect to conduct these surface measurements
to conduct the measurements using the methods in NSPS 40 CFR part 60,
subpart XXX; provide a count of the number of locations with
concentration above 500 parts per million above background identified
during the surface measurement period; and to use the proposed equation
term to adjust the reported methane emissions to account for these
occurrences.
We are requesting comment on the new set of proposed collection
efficiencies for landfills with gas collection systems that do not
conduct surface methane concentration measurements. Specifically, we
request comment on our selection of 10 percent lower collection
efficiencies for landfills that are not monitored for surface methane
rather than selecting a 20 percent lower value as suggested by
commenters that referenced the Maryland study data. We also request
comment along with supporting data on whether the EPA should select an
alternative collection efficiency value than the proposed 10 percent
difference or the 20 percent difference we considered in response to
comment.
The EPA is also proposing to revise the reporting requirements for
landfills with gas collection systems consistent with the proposed
revisions in the methodology. We are proposing to separately require
reporting for each gas collection systems and for each measurement
location within a gas collection system. We are also proposing that,
for each measurement location that measures gas to an on-site
destruction device, certain information be reported about the
destruction device, including: type of destruction device; the annual
hours gas was sent to the 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; and the fraction of the
recovered methane reported for the measurement location directed to the
destruction device. Note, for sites that have a single measurement
location that subsequently sends gas to multiple destruction devices,
we realize the hours gas is sent to each device and the fraction of
recovered methane sent to each device would have to be estimated based
on best available data or engineering judgement. We are also proposing
to require reporting of identifying information for each gas collection
system, each measurement location within a gas collection system, and
each destruction device.
These reporting requirements are similar to those currently
included in subpart HH but have been restructured to more clearly
identify reporting elements associated with each gas collection system,
each measurement location within a gas collection system, and each
control device associated with a measurement location.
We are also adding reporting requirements for landfills with gas
collection systems to indicate the applicability of Federal rules or
state and Federal implementation plans that require quarterly surface
monitoring, an indication of whether surface methane concentration
monitoring is conducted, the frequency of monitoring, and the
information for each instance surface methane concentrations exceeded
500 parts per million above background, including re-monitoring
exceedances. These additional reporting elements are being proposed to
better understand the applicability of the NSPS (40 CFR part 60,
subpart WWW or XXX), state plans implementing the EG (40 CFR part 60,
subparts Cc or Cf), and Federal plans (40 CFR part 62, subparts GGG or
OOO), and to support verification of the reported emissions given the
additional term added to equations HH-6, HH-7, and HH-8 and the
different gas collection efficiency values.
Currently, subpart HH estimates of methane emissions from landfills
are based on modeling data and methane measurement data from landfill
gas collection systems. In addition to our proposal of using methane
surface emissions monitoring to better quantify subpart HH estimates,
the EPA is seeking comment on how other methane monitoring
technologies, e.g., satellite imaging, aerial measurements, vehicle-
mounted mobile measurement, or continuous sensor networks, might
enhance subpart HH emissions estimates. Specifically, the EPA is
seeking comment for examples of methane data collected from available
monitoring methodologies and how such data might be incorporated into
subpart HH for estimating annual emissions.
Finally, we are clarifying a proposed revision included in the 2022
Data Quality Improvements Proposal. As described in the preamble of
that document, for Table HH-1, we proposed to revise the first order of
decay rate (k) for bulk waste under both the ``Bulk waste option'' and
the ``Modified bulk MSW option'' to 0.055 to 0.142 per year. However,
we inadvertently included the current k value for bulk waste under the
Modified bulk MSW option (0.02 to 0.057 per year) in the amendatory
text of that document. Therefore, in today's proposal, we are
correcting this oversight and proposing to revise the k value for bulk
waste under the Modified bulk MSW option in Table HH-1 to be 0.055 to
0.142 per year. For more information on the proposed k value for bulk
waste under the Modified bulk MSW option, see the preamble to the 2022
Data Quality Improvements Proposal and the memorandum, Multivariate
analysis of data reported to the EPA's Greenhouse Gas Reporting Program
(GHGRP), Subpart HH (Municipal Solid Waste Landfills) to optimize DOC
and k values, available in the docket for this rulemaking (Docket Id.
No. EPA-HQ-OAR-2019-0424).
In addition to the proposed revisions, we are also providing
notification of additional materials available for review related to
proposed revisions to subpart HH included in the 2022 Data Quality
Improvements Proposal (87 FR 37008; June 21, 2022). As discussed in the
June 21, 2022 proposed rule, the EPA previously conducted a
multivariate analysis based on 6 years of data from 355 landfills
reporting under subpart HH, which we subsequently relied on to propose
revised degradable organic carbon (DOC) and first order decay rate (k)
values for the Bulk Waste and Modified Bulk Waste streams in Table HH-
1. We summarized the methodology and findings of the analysis in the
memorandum from Meaghan McGrath, Kate Bronstein, and Jeff Coburn, RTI
International, to Rachel Schmeltz, EPA, Multivariate analysis of data
reported to
[[Page 32880]]
the EPA's Greenhouse Gas Reporting Program (GHGRP), Subpart HH
(Municipal Solid Waste Landfills) to optimize DOC and k values, (June
11, 2019), available in the docket for this rulemaking (Docket Id. No.
EPA-HQ-OAR-2019-0424).
Following the 2022 Data Quality Improvements Proposal, we received
requests from waste industry stakeholders regarding the referenced
memorandum and the availability of the cohort data supporting the
analysis, the input files used in the analysis, and the summary of the
analysis results that were used to support the proposed revised DOC and
k values. These materials are referred to within the docketed
memorandum but were inadvertently not included as attachments to the
document in the proposed rule docket. On recognizing this oversight, we
subsequently uploaded the materials as attachments to the original
memorandum on August 11, 2022, found at www.regulations.gov/document/EPA-HQ-OAR-2019-0424-0170. In this supplemental proposal, we are
providing further notification that these materials are available, and
we are seeking additional comment on these materials during the comment
period of this supplemental proposal. Note that some of the file types
supporting the analysis, including files generated by RStudio (an open
source statistical programming software), are not supported by
www.regulations.gov/; however, interested parties may reference the
directions at www.regulations.gov/document/EPA-HQ-OAR-2019-0424-0170 to
contact the EPA Docket Center Public Reading Room to request to view or
receive a copy of all documents.
K. Subpart OO--Suppliers of Industrial Greenhouse Gases
For the reasons provided in section II.A of this preamble, the EPA
is proposing revisions to subpart OO of part 98 (Suppliers of
Industrial Greenhouse Gases) that would improve the quality of the data
collected under the GHGRP and that would clarify certain provisions. To
improve the quality of the data collected under the GHGRP, we are
proposing to add requirements for bulk importers of F-GHGs to provide,
as part of the information required for each import in the annual
report, copies of the corresponding U.S. Customs and Border Protection
(CBP) entry forms (e.g., CBP Form 7501), and that suppliers of F-HTFs
identify the end uses for which F-HTFs are used and the quantity of
each F-HTF transferred for each end use, if known. The EPA currently
requires at 40 CFR 98.417(c) that bulk importers of fluorinated GHGs
retain records substantiating each of the imports that they report,
including: a copy of the bill of lading for the import, the invoice for
the import, and the CBP entry form. Under the existing regulations,
these records must be made available to the EPA upon request by the
administrator (40 CFR 98.3(g)). In conducting verification reviews of
the historically reported import data related to HFCs, the EPA
discovered discrepancies between data reported to e-GGRT and those
reported to CBP with an entry. The EPA contacted the corresponding
suppliers to request substantiating documentation and found several
erroneous subpart OO submissions for various suppliers and years, with
some of these errors representing significant CO2e
quantities. Furthermore, the data in e-GGRT and those entry data
reported to CBP are not directly comparable (due to differences in
scope, HTS codes that cover broad groups of chemicals, etc.), so while
this comparison can lead to the discovery of some errors, such
comparison does not result in robust verification. Additionally,
subpart OO imports can vary greatly from year to year for an individual
supplier, so the EPA's standard verification checks (e.g., looking at
outliers or changes from year to year) are not as effective at
identifying errors in subpart OO reports as they are for other GHGRP
subparts. Therefore, requiring that suppliers submit substantiating
records (i.e., the CBP forms) as a part of the annual report would
improve verification and data quality for subpart OO. The EPA would be
able to review the documentation to ensure that supplier-level and
national-level fluorinated gas import data are accurate. The proposed
changes would add a reporting requirement to 40 CFR 98.416(c). Because
the entry form is already required to be retained as a record at 40 CFR
98.417(c)(3) for each of the imports reported, it is not anticipated
that this reporting requirement would cause a significant change in
burden.
However, because certain information related to HFC imports is now
being tracked under 40 CFR part 84 (the AIM Act phasedown of
hydrofluorocarbons), we are proposing that the documentation reporting
requirement would not apply to imports of HFCs that are regulated
substances under 40 CFR part 84. For example, if a supplier imported
both SF6 and HFC-134a in a reporting year, the supplier
would only submit the entry forms associated with the imports of
SF6 in their annual GHG report submitted under 40 CFR part
98. As HFC-134a is a regulated substance under 40 CFR part 84, the
importer would already provide substantiating information to the EPA
under that part. This would reduce potential duplicative burden on the
suppliers that are subject to both 40 CFR part 98 and 40 CFR part 84.
We seek comment on this possible exception for AIM HFC suppliers.
Although we are proposing to collect copies of the CBP entry form
for each import, we seek comment on whether other types of
documentation associated with an import may be more useful, e.g., the
bill of lading. We seek comment on the type of information available in
these forms in practice, and which would best suit the verification
goals of the GHGRP. We are also proposing a related confidentiality
determination for the documentation reporting requirement, as discussed
in section VI of this preamble.
Additionally, we are proposing to require at 40 CFR 98.416(k) that
suppliers of F-HTFs, including but not limited to perfluoroalkylamines,
perfluoroalkylmorpholines, hydrofluoroethers, and perfluoropolyethers
(including PFPMIE), identify the end uses for which the heat transfer
fluid is used and the aggregated annual quantities of each F-HTF
transferred to each end use, if known. This proposed requirement, which
is patterned after a similar requirement under subpart PP of part 98
(Suppliers of Carbon Dioxide), would help to inform the development of
GHG policies and programs by providing information on F-HTF uses and
their relative importance. This proposed requirement supplements our
2022 Data Quality Improvements Proposal to require similar information
for N2O, SF6, and PFCs. We are proposing the
requirement for F-HTFs because: (1) the GWP-weighted quantities of
these compounds that are supplied annually to the U.S. economy are
relatively large; and (2) the identities and magnitudes of the uses of
these compounds are less well understood than those of some other
industrial GHGs, such as HFCs used in traditional air-conditioning and
refrigeration applications. Fluorinated HTFs are known to be used in
electronics manufacturing for temperature control (process cooling),
thermal shock testing of devices, cleaning substrate surfaces and other
parts, and soldering, but the total quantity of F-HTFs that are emitted
from electronics manufacturing has fallen significantly below the total
quantity of F-HTFs supplied annually to the U.S. economy from 2011
through 2019. Discussions with F-HTF suppliers indicate that this
shortfall is at least
[[Page 32881]]
partly attributable to substantial uses of F-HTFs outside of the
electronics industry. To better understand the magnitudes and trends of
these uses, we are proposing to collect information from suppliers of
these compounds on how their customers use the compounds, and in what
quantities. This issue is discussed further in the Technical Support
Document on Use of Fluorinated HTFs Outside of Electronics
Manufacturing included in the docket for this rulemaking (Docket Id.
No. EPA-HQ-OAR-2019-0424). As discussed in section II.A.2 of this
preamble, we are also proposing to revise the definition of
``fluorinated HTF,'' currently included in subpart I of part 98
(Electronics Manufacturing), and to move the definition to subpart A of
part 98 (General Provisions) to harmonize with the proposed changes to
subpart OO.
To inform the revision of the subpart OO electronic reporting form
in the event that this proposed amendment is finalized, we request
comment on the end use applications for which F-HTFs are used and their
relative importance. The EPA is aware of the following end uses of F-
HTFs:
The following applications within electronics manufacturing:
temperature control;
device testing (thermal shock testing);
cleaning substrate surfaces and other parts; and
soldering.
The following applications outside of electronics manufacturing:
Temperature control within data center operations
(including cryptocurrency mining);
Immersion cooling;
Direct-to-chip (i.e., plate) cooling;
Temperature control for military purposes, including
cooling of electronics in ground and airborne radar (klystrons);
avionics; missile guidance systems; ECM (Electronic Counter Measures);
sonar; amphibious assault vehicles; other surveillance aircraft;
lasers; SDI (Strategic Defense Initiative; stealth aircraft; and
electric motors;
Temperature control in pharmaceutical manufacturing;
Temperature control in medical applications;
Solvent use outside the electronics manufacturing industry
(e.g., use as a deposition solvent in filter and aerospace
manufacturing, use to clean medical devices);
Coatings for adhesives; and
Thermal shock testing outside the electronics
manufacturing industry.
Finally, we are also proposing to clarify certain exceptions to the
subpart OO reporting requirements for importers and exporters.
Currently, the importer reporting requirement at 40 CFR 98.416(c)
reads:
``Each bulk importer[/exporter] of fluorinated GHGs, fluorinated
HTFs, or nitrous oxide shall submit an annual report that summarizes
its imports[/exports] at the corporate level, except for shipments
including less than twenty-five kilograms of fluorinated GHGs,
fluorinated HTFs, or nitrous oxide, transshipments, and heels that meet
the conditions set forth at Sec. 98.417(e).''
The exporter reporting requirement at 40 CFR 98.416(d) is similar,
except heels are not required to meet the conditions set forth at 40
CFR 98.417(e).
We are proposing to revise 40 CFR 98.416(c) and (d) to clarify that
the exceptions are voluntary, consistent with our original intent. This
proposed change would also minimize the burden of reporting HFC imports
and exports under subpart OO after reporting HFC imports and exports
under 40 CFR part 84 (the AIM Act phasedown of hydrofluorocarbons) for
reporters who are subject to both programs. Under subpart A of part 84,
there are no exceptions for reporting imports or exports of shipments
of less than 25 kilograms, transshipments, or heels.
To implement this change, we are proposing to insert ``importers
may exclude'' between ``except'' and ``for shipments'' in the first
sentence of paragraphs 98.416(c) and (d), deleting the ``for.'' We are
also proposing to clarify that imports and exports of transshipments
would both have to be either included or excluded for any given
importer or exporter, and we are proposing a similar clarification for
heels. The last two clarifications are intended to prevent the bias in
the net supply estimate (the difference between imports and exports)
that would occur if, for example, transshipments were counted as
imports but not exports or vice versa.
Because the exceptions under subpart OO were intended to reduce
burden rather than to increase data quality, we do not anticipate that
data quality would be negatively affected by clarifying that the
exceptions are voluntary, as long as the exceptions are treated
consistently by individual reporters as described in this section. (In
fact, as discussed further in this section, including heels is expected
to increase data quality.) The only potential concerns that we have
identified are potential inconsistencies among importers or exporters
or for the same importer or exporter over time. Inconsistency among
importers or exporters could occur if some importers or exporters chose
to include the excepted quantities in their reports while others did
not.\39\ Inconsistency for individual importers or exporters over time
could occur if some importers or exporters who have not previously
reported the excepted quantities decided to begin reporting them.
However, because the quantities affected by the exceptions are expected
to be small, we anticipate that these inconsistencies would also be
small.
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\39\ This presumes that the importers and exporters are not
already reading the exceptions as voluntary.
---------------------------------------------------------------------------
If these inconsistencies (or other data quality issues raised by
commenters) did pose a concern, one way of minimizing such concerns
while minimizing the burden of reporting HFC imports and exports under
both subpart OO and part 84 would be to eliminate the exceptions as
they apply to HFCs regulated under part 84, which would harmonize the
data requirements of the two programs for importers and exporters. We
request comment on this option.
We are also requesting comment on the option of specifically
eliminating the exception for heels from 40 CFR 98.416(c) and (d) for
importers and exporters of all industrial gases and fluorinated HTFs. A
heel is the quantity of gas that remains in a container after most of
the gas has been extracted.\40\ Not reporting heels can result in bias
in net supply estimates. This is because the exception for heels does
not apply when the heel is part of the contents of a full container on
its way to gas users (e.g., exported), but the exception does apply
when the heel is the only gas in the container being returned to
producers or distributors (e.g., imported). For example, in the typical
scenario where a heel makes up about 10 percent of the contents of a
full container, 100 percent of the gas would be reported as exported,
but, if the exception for heels were used, none of the gas would be
reported as imported when the container was returned, even though 10
percent of the original contents would in fact be imported. This would
result in an estimate that 100 percent of the gas was permanently
exported when only 90 percent of the gas was actually permanently
exported. Eliminating the exception for heels would eliminate this
bias, improving the quality of the data collected under the GHGRP.
However, this change could also increase burden for importers and
exporters reporting
[[Page 32882]]
imports and exports of industrial gases and fluorinated HTFs other than
HFCs.
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\40\ A heel is often left in the container because removing it
would require special equipment (e.g., a pump).
---------------------------------------------------------------------------
L. Subpart PP--Suppliers of Carbon Dioxide
For the reasons provided in section II.D of this preamble, the EPA
is proposing revisions to subpart PP of part 98 (Suppliers of Carbon
Dioxide) that would improve the quality of the data collection under
the GHGRP. Specifically, the EPA is proposing to add and amend certain
data reporting requirements in 40 CFR 98.426(f) and (h). The proposed
changes would improve our understanding of supplied CO2
through the economy. CO2 is captured across a range of
different facilities including gas processing plants, ethanol plants,
electric generating units (EGUs), and other manufacturing and
processing facilities. In the future, CO2 capture deployment
is expected to expand at these types of facilities and may also be
captured at other types of facilities including at direct air capture
facilities. The GHGRP tracks the supply and storage of CO2
through the economy based on data reported to subparts PP (Suppliers of
Carbon Dioxide), RR (Geologic Sequestration of Carbon Dioxide), UU
(Injection of Carbon Dioxide), and proposed subpart VV (Geologic
Sequestration of Carbon Dioxide With Enhanced Oil Recovery Using ISO
27916) (see 87 FR 36920; June 21, 2022).
Suppliers subject to subpart PP report data on CO2
captured. These suppliers must report the aggregated annual quantity of
CO2 in metric tons that is transferred to each of the end
use applications listed at 40 CFR 98.426(f). This includes, but is not
limited to, reporting the amount transferred for geologic sequestration
that is covered by subpart RR (40 CFR 98.426(f)(11)). In the 2022 Data
Quality Improvements Proposal, the EPA proposed to add subpart VV
(Geologic Sequestration of Carbon Dioxide With Enhanced Oil Recovery
Using ISO 27916). To ensure that we are adequately tracking the end use
applications of supplied CO2, the EPA is proposing to add a
data element to 40 CFR 98.426(f) that would require suppliers to report
the annual quantity of CO2 in metric tons that is
transferred for use in geologic sequestration with EOR subject to
subpart VV. Without this change, suppliers would have otherwise been
required to report this quantity under one of the other end use
applications listed at 40 CFR 98.426(f). Therefore, the EPA anticipates
that this new data element would result in a negligible increase in
reporting burden.
The EPA is considering further expanding the list of end-use
applications reported at 40 CFR 98.426(f) to better account for and
track emerging CO2 end uses. To that end, the EPA is seeking
comment on CO2 end uses that would be appropriate to add to
40 CFR 98.426(f). Possible additions could include algal systems,
chemical production, and/or mineralization processes, such as the
production of cements, aggregates, or bicarbonates. The EPA seeks
comment on what other end uses may be appropriate to add to 40 CFR
98.426(f) in future rulemakings.
Under 40 CFR 98.426(h), facilities that capture a CO2
stream from an EGU that is subject to subpart D of part 98 (Electricity
Generation) and transfer CO2 to any facilities that are
subject to subpart RR are currently required to report additional
information including the GHGRP facility identification number
associated with the subpart D facility, the GHGRP facility
identification numbers for the subpart RR facilities to which the
CO2 is transferred, and the annual quantities of
CO2 transferred to each of those subpart RR facilities. The
EPA believes that expanding the applicability of 40 CFR 98.426(h) to
apply to sources beyond subpart D EGUs is essential to allow the EPA to
fully track captured and sequestered CO2 in the economy.
Additionally, the EPA believes that expanding the paragraphs to apply
to facilities that transfer CO2 to facilities subject to
subpart VV would be more comprehensive, given that proposed subpart VV
would also apply to geologic sequestration.
Therefore, the EPA is proposing to amend 40 CFR 98.426(h) to apply
to any facilities that capture a CO2 stream from a facility
subject to 40 CFR part 98 and supply that CO2 stream to
facilities that are subject to either subpart RR or proposed subpart
VV. In other words, the revised paragraph would no longer apply only to
EGUs subject to subpart D, but to any direct emitting facility that is
the source of CO2 captured and transferred to facilities
subject to subparts RR or VV. The revised data elements would require
that any facility that captures a CO2 stream and transfers
CO2 to any facility subject to subpart RR or subpart VV to
report the GHGRP facility identification number for the facility from
which the CO2 is captured, the GHGRP facility identification
numbers for the subpart RR and subpart VV facilities to which the
CO2 is transferred, and the quantities of CO2
supplied to each receiving facility. For 40 CFR 98.426(h)(1), which
requires the facility identification number for the CO2
source facility, the applicable facility identification number may be
the same as the subpart PP facility or may be that of a separate direct
emitting facility (e.g., a subpart D EGU facility, a subpart P hydrogen
production facility), depending on the facility-specific
characteristics. The EPA believes the reporting burden for these
revisions will be negligible because facilities already have this
information readily available.
The EPA is considering further expanding the requirement at 40 CFR
98.426(h) such that facilities subject to subpart PP would report
transfers of CO2 to any facilities reporting under 40 CFR
part 98, not just those subject to subparts RR and VV. This would
include reporting the amount of CO2 transferred on an annual
basis as well as the relevant GHGRP facility identification numbers.
The EPA understands that this information would be readily available to
facilities subject to subpart PP as these facilities are aware of their
customer base. In addition, subpart PP facilities already report
information on a variety of end uses under 40 CFR 98.426(f). The EPA is
requesting comment on whether this information would be readily
available as well as other relevant information the EPA should consider
regarding this potential revision.
M. Subpart QQ--Importers and Exporters of Fluorinated Greenhouse Gases
Contained in Pre-Charged Equipment and Closed-Cell Foams
For the reasons provided in section II.D of this preamble, we are
proposing revisions to subpart QQ of part 98 (Importers and Exporters
of Fluorinated Greenhouse Gases Contained in Pre-Charged Equipment or
Closed-Cell Foams) that would improve the quality of the data
collection under the GHGRP. Specifically, we are proposing to add a
requirement for importers of F-GHGs in equipment and foams to provide,
as part of the information required for each import in the annual
report, copies of the corresponding CBP entry forms (e.g., CBP form
7501). The EPA currently requires at 40 CFR 98.437(a) that importers
retain records substantiating each of the imports that they report,
including: a copy of the bill of lading for the import, the invoice for
the import, and the CBP entry form. Under the existing regulations,
these records must be made available to the EPA upon request by the
administrator (40 CFR 98.3(g)). As discussed in section III.K of this
preamble, in conducting verification reviews of the historically
reported subpart OO (Suppliers of Industrial Greenhouse Gases) import
data for HFCs, the EPA discovered discrepancies between data reported
to e-GGRT and those entry data reported to CBP. The EPA contacted the
[[Page 32883]]
corresponding suppliers to request substantiating documentation and
found several erroneous subpart OO submissions for various suppliers
and years, with some of these errors representing significant
CO2e quantities. The EPA has so far been unable to do a
similarly useful comparison for subpart QQ data, primarily because the
data in e-GGRT and those in CBP are not directly comparable (due to
differences in scope, differences in HTS code coverage, etc.).
Therefore, the EPA has thus far been unable to screen for errors in
subpart QQ data using external data sets. Additionally, subpart QQ
imports can vary greatly from year to year for an individual supplier,
so the EPA's standard verification checks (e.g., looking at outliers or
changes from year to year) are not as effective at identifying errors
in subpart QQ reports as they are for other GHGRP Subparts. Therefore,
requiring that suppliers submit substantiating records (i.e., the CBP
entry forms) as a part of the annual report would improve verification
and data quality for subpart QQ. The EPA would be able to review the
documentation to ensure that supplier-level and national-level
fluorinated gas import data are accurate. The proposed changes would
add a reporting requirement to 40 CFR 98.436(a). Because the entry form
is already required to be retained as a record at 40 CFR 98.437(a)(3)
for each import reported, it is not anticipated that this reporting
requirement would cause a significant change in burden.
While we are proposing to collect copies of the CBP entry form for
each import, we seek comment on whether other types of documentation
associated with an import may be more useful, e.g., the bill of lading.
We seek comment on the type of information available in these forms in
practice, and which would best suit the verification goals of the
GHGRP. We are also proposing a related confidentiality determination
for the documentation reporting requirement, as discussed in section VI
of this preamble.
Additionally, we are proposing to add a requirement for importers
or exporters of fluorinated GHGs contained in pre-charged equipment or
closed-cell foams to include, as part of the information required for
each import and export in the annual report, the Harmonized Tariff
System (HTS) code (for importers) and the Schedule B codes (for
exporters) used for shipping each equipment type.\41\ These would be
new data reporting requirements under 40 CFR 98.436(a) and 40 CFR
98.436(b). The HTS assigns 10-digit codes to identify products that are
unique to U.S. markets. HTS codes start with a 6-digit code specifying
a chapter, heading, and subheading, and in full include a specific 10-
digit code including a subheading for duty and a statistical suffix.
Commodity codes are currently collected as a data element under subpart
OO, with most suppliers reporting the applicable HTS code. In the 2022
Data Quality Improvements Proposal, we proposed to revise the reporting
of ``commodity code'' under subpart OO to clarify that reporters should
submit the HTS code for each F-GHG, F-HTF, or N2O shipment
(87 FR 37012). In this supplemental proposal, we are proposing to
require the reporting of HTS codes from importers under subpart QQ to
be consistent with the proposed revisions to subpart OO. Reporters
would enter the full 10-digit HTS code with decimals, to extend to the
statistical suffix, as it was entered on related customs forms. We are
proposing to require reporting of Schedule B codes for exporters.
Schedule B codes determine the export classification and are required
when filling out trade documents to export goods out of the United
States. Suppliers subject to subpart QQ are already required to
maintain records substantiating their imports and exports, such as
bills of lading, invoices, and CBP entry forms. It is the understanding
of the EPA that these documents would contain the HTS codes or Schedule
B codes associated with the shipments. We are proposing to gather this
data, which is likely already available in supplier records, to verify
and compare the data submitted to the GHGRP with other available import
and export data. The proposed HTS and Schedule B codes would provide a
means to cross-reference the data submitted and would help to ensure
the accuracy and completeness of the information reported under the
GHGRP. However, we are seeking comment on whether it is reasonable to
require reporting of the HTS code for both importers and exporters, and
on how the use of HTS codes differs for imports and exports. We are
also seeking comment on whether shippers typically use a standard set
of Schedule B codes or HTS codes for exports or if the codes may change
based on the recipient country.
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\41\ A complete listing of HTS codes is available at https://hts.usitc.gov/current. A complete listing of Schedule B codes is
available at: https://www.census.gov/foreign-trade/schedules/b/index.html.
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We are also proposing related confidentiality determinations for
the proposed new and revised data elements, as discussed in section VI
of this preamble.
N. Subpart RR--Geologic Sequestration of Carbon Dioxide
The Geologic Sequestration of Carbon Dioxide source category
(subpart RR of part 98) provides an accounting framework for facilities
to report amounts of CO2 sequestered annually. Facilities
develop an EPA-approved monitoring, reporting, and verification (MRV)
plan, report on monitoring activities and use a mass balance approach
to calculate amounts of carbon dioxide sequestered. Information
collected under the GHGRP provides a transparent means for the EPA and
the public to continue to evaluate the effectiveness of geologic
sequestration.
The EPA has received questions from stakeholders regarding the
applicability of subpart RR to offshore geologic sequestration
activities, including on the outer continental shelf. When the EPA
finalized subpart RR (75 FR 75060, December 1, 2010), we noted that the
source category covered not only onshore injection of CO2,
but also offshore injection. For example, 40 CFR 98.446 specifies well
identification information to be reported for wells with Underground
Injection Control (UIC) permits and for offshore wells not subject to
the Safe Drinking Water Act. The EPA also explained in its response to
comments on the 2010 rule promulgating subpart RR that the source
category covered offshore injection.\42\
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\42\ Mandatory Greenhouse Gas Reporting Rule: EPA's Response to
Public Comments, Geologic Sequestration and Injection of Carbon
Dioxide: Subparts RR and UU, Docket Id. No. EPA-HQ-OAR-2009-0926-
0834 (Response 2.1-a and Response 6.2-g), available at www.epa.gov/sites/default/files/2015-07/documents/subpart-rr-uu_rtc.pdf.
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While subpart RR covers offshore activities, we observe that
subpart RR does not provide a definition for the term ``offshore'' and
that providing a definition for such term would be helpful. Therefore,
the EPA is proposing to add a definition for ``offshore'' to 40 CFR
98.449. We propose that ``offshore'' means ``seaward of the terrestrial
borders of the United States, including waters subject to the ebb and
flow of the tide, as well as adjacent bays, lakes or other normally
standing waters, and extending to the outer boundaries of the
jurisdiction and control of the United States under the Outer
Continental Shelf Lands Act.'' This is the same definition of offshore
that is currently provided at 40 CFR 98.238 for subpart W of part 98
(Petroleum and Natural Gas Systems).
[[Page 32884]]
O. Subpart UU--Injection of Carbon Dioxide
In the 2022 Data Quality Improvements Proposal, the EPA proposed to
amend subpart UU of part 98 (Injection of Carbon Dioxide).
Specifically, the EPA proposed to amend 40 CFR 98.470 by redesignating
paragraph (c) as paragraph (d) and adding new paragraph (c) to read,
``(c) If you report under subpart VV of this part for a well or group
of wells, you are not required to report under this subpart for that
well or group of wells.'' Some commenters were concerned that, as
written, the regulatory text under proposed subpart VV (Geologic
Sequestration of Carbon Dioxide With Enhanced Oil Recovery Using ISO
27816) and subpart UU could allow for CO2 to be reported
under multiple subparts, resulting in double counting. Thus, we are
proposing to revise the text in proposed paragraph 98.470(c) from ``are
not required to report'' to ``shall not report.'' We are also proposing
an additional sentence in paragraph 98.470(c) to clarify that
CO2-EOR projects that become subject to subpart VV during a
reporting year must report under subpart UU for the portion of the
reporting year before they began using CSA/ANSI ISO 27916:2019 and
under subpart VV for the portion after they began using CSA/ANSI ISO
27916:2019. Facilities shall not report CO2 under subparts
VV and UU in a way that is duplicative, but it is possible that
facilities would report under both subparts during the reporting year
in which they transition to using CSA/ANSI ISO 27916:2019.
Additionally, we are similarly proposing to revise the text in
paragraph 98.470(b) from ``are not required to report'' to ``shall not
report,'' to clarify that facilities should not report under both
subparts UU and RR. This also ensures consistency between paragraphs
(b) and (c).
P. Subpart VV--Geologic Sequestration of Carbon Dioxide With Enhanced
Oil Recovery Using ISO 27916
In the 2022 Data Quality Improvements Proposal, the EPA proposed
adding a new source category, subpart VV (Geologic Sequestration of
Carbon Dioxide With Enhanced Oil Recovery Using ISO 27916), to part 98
(see 87 FR 36920; June 21, 2022). The proposed new source category
would add calculation and reporting requirements for quantifying
geologic sequestration of CO2 in association with EOR
operations. The proposed requirements would apply only to facilities
that quantify the geologic sequestration of CO2 in
association with EOR operations in conformance with the ISO standard
designated as CSA/ANSI ISO 27916:2019, Carbon Dioxide Capture,
Transportation and Geological Storage--Carbon Dioxide Storage Using
Enhanced Oil Recovery. Under existing GHGRP requirements, facilities
that receive CO2 for injection at EOR operations report
under subpart UU (Injection of Carbon Dioxide); however, facilities
that geologically sequester CO2 through EOR operations may
instead opt-in to subpart RR (Geologic Sequestration of Carbon
Dioxide).
The EPA proposed regulatory text to define the subpart VV source
category and establish applicability. Specifically, proposed 40 CFR
98.480 stated that the source category pertains to CO2 that
is injected in enhanced recovery operations for oil and other
hydrocarbons (CO2-EOR) in which all of the following apply:
(1) the CO2-EOR project uses the ISO standard designated as
CSA/ANSI ISO 27916:2019 (proposed to be incorporated by reference, see
40 CFR 98.7) as a method of quantifying geologic sequestration of
CO2 in association with EOR operations; (2) the
CO2-EOR project is not reporting under subpart UU of part
98; and (3) the facility is not reporting under subpart RR of part 98.
In the preamble to the proposal (87 FR 37016), the EPA wrote, ``. . .
the EPA is proposing a new source category--subpart VV--related to the
option for reporting of incidental CO2 storage associated
with EOR based on the CSA/ANSI ISO 27916:2019 standard. Specifically,
facilities that conduct EOR would be required to report basic
information on CO2 received under subpart UU, or they could
choose to opt-in to either subpart RR or the new subpart (VV) to
quantify amounts of CO2 that are geologically sequestered.''
The public comment period for the proposed rule closed on October
6, 2022. With respect to subpart VV, the EPA received detailed comments
on proposed 40 CFR 98.480 ``Definition of the Source Category.'' In
particular, commenters were uncertain whether the EPA intended to
require facilities using CSA/ANSI ISO 27916:2019 to report under
subpart VV or whether facilities that used CSA/ANSI ISO 27916:2019
would have the option to choose under which subpart they would report
to: subpart RR, subpart UU, or subpart VV.
After review of the comments, the EPA recognizes that the proposed
subpart VV definition of the source category and the corresponding
preamble text in the 2022 Data Quality Improvements Proposal were
unclear. Therefore, we are re-proposing 40 CFR 98.480 in this proposed
rule to clarify applicability of the rule and to seek comment on the
re-proposed definition of the source category in subpart VV. Under this
proposal, the EPA would not require that facilities quantify geologic
sequestration of CO2 in association with EOR operations
through the use of the CSA/ANSI ISO 27916:2019 method; however, if the
facility elects to use the CSA/ANSI ISO 27916:2019 method for
quantifying geologic sequestration of CO2 in association
with EOR operations, then the facility would be required under the
GHGRP to report under subpart VV (rather than reporting under subpart
UU or opting into subpart RR). More specifically, the proposed rule
would require facilities quantifying the mass of CO2
geologically sequestered using CSA/ANSI ISO 27916:2019 to report the
quantity of CO2 sequestered under subpart VV and to meet all
requirements of subpart VV. It is our intention that subpart VV would
apply to facilities that use CSA/ANSI ISO 27916:2019 for the purpose of
demonstrating secure geologic storage; in other words, facilities that
use CSA/ANSI ISO 27916:2019 for that purpose would be subject to
subpart VV. Subpart VV is not intended to apply to facilities that use
the content of CSA/ANSI ISO 27916:2019 for a purpose other than
demonstrating secure geologic storage, such as only as a reference
material or for informational purposes. EOR facilities that inject a
CO2 stream into the subsurface that do not use CSA/ANSI ISO
27916:2019 and have not opted into subpart RR would continue to be
required to report the quantities of CO2 received for
injection under subpart UU (Injection of Carbon Dioxide).
Additionally, to remove ambiguity and further clarify our intent in
defining the subpart VV source category, the EPA in this proposed rule
is removing a paragraph from proposed subpart VV (proposed as 40 CFR
98.480(a)(2) in the 2022 Data Quality Improvements Proposal). The
proposed text in the 2022 Data Quality Improvements Proposal stated
that the subpart VV source category applied to facilities not reporting
under subpart UU. The EPA received comments that this language resulted
in confusion over subpart VV applicability. We believe that removal of
this text from the previously proposed ``Definition of the Source
Category'' in 40 CFR 98.480 in this proposal provides additional
clarity with respect to the EPA's intent concerning subpart VV
applicability. Relatedly, to clarify our intent with regard to
facilities that transition from reporting under subpart UU to reporting
under subpart VV, the EPA in this proposed rule is proposing
[[Page 32885]]
to add paragraph 40 CFR 98.481(c). The proposed text clarifies that
CO2-EOR projects previously reporting under subpart UU that
begin using CSA/ANSI ISO 27916:2019 part-way through a reporting year
must report under subpart UU for the portion of the year before CSA/
ANSI ISO 27916:2019 was used and report under subpart VV for the
portion of the year once CSA/ANSI ISO 27916:2019 began to be used and
thereafter. After the initial transition year, these facilities would
be required to report under subpart VV only, until the requirements to
discontinue reporting are met.
The EPA notes that we are seeking comment on proposed subpart VV
during the comment period for this supplemental proposal on only
reproposed 40 CFR 98.480 and the newly proposed 40 CFR 98.481(c).
Commenters do not need to resubmit comments previously submitted on
proposed 40 CFR 98.481 through 98.489. The EPA is not reproposing or
soliciting further comment on revised regulatory text or
confidentiality determinations for the remaining sections of subpart VV
that were originally proposed in the 2022 Data Quality Improvements
Proposal (40 CFR 98.481 through 98.489). We are continuing to review
and consider comments received on the 2022 Data Quality Improvements
Proposal on those sections.
IV. Proposed Amendments To Add New Source Categories to Part 98
This section summarizes the specific amendments the EPA is
proposing to add new subparts, as generally described in section II.B
of this preamble. The impacts of the proposed revisions are summarized
in section VII of this preamble. A full discussion of the cost impacts
for the proposed revisions may be found in the memorandum, Assessment
of Burden Impacts for Proposed Revisions for the Greenhouse Gas
Reporting Rule, available in the docket for this rulemaking (Docket Id.
No. EPA-HQ-OAR-2019-0424).
A. Subpart B--Energy Consumption
1. Rationale for Inclusion in the GHGRP
For the reasons described in section II.B and the 2022 Data Quality
Improvements Proposal, consistent with its authority under the CAA, the
EPA is proposing to add a new subpart--subpart B (Energy Consumption)--
to improve the completeness of the data collected under the GHGRP, add
to the EPA's understanding of GHG data, and to better inform future EPA
policy under the CAA, such as informing potential future EPA actions
with respect to GHGs. Once collected, such data would also be available
to improve on the estimates provided in the Inventory, by providing
more information on the allocation of electricity use to different end
use sectors.
The GHGRP currently generally requires sources subject to part 98
to report direct emissions and supply of GHGs from large industrial
sources across 41 source categories. For sources of direct emissions
subject to part 98, the GHGRP currently includes requirements to
monitor, calculate, and report the direct emissions of GHGs that occur
onsite from sources which meet the part 98 applicability requirements.
However, these direct GHG emissions do not enable a comprehensive
assessment of the quantity of energy required to operate the facility
because industrial operations can consume a significant amount of
energy for which direct GHG emissions do not occur at the production
site, primarily through purchased electricity and thermal energy
products.\43\ The purchased energy consumed is produced offsite, and
the offsite energy production can result in significant GHG emissions.
Because the facility's production processes are reliant on its energy
consumption, the emissions associated with producing this energy are
associated with the facility, and are often referred to as indirect
emissions or Scope 2 emissions.\44\ Energy consumption can be a
significant portion of the total energy input to making products, and
therefore, a significant component of a facility's overall GHG
footprint (i.e., a total accounting of both the direct emissions that
occur onsite as well as indirect emissions that occur offsite in the
production of the purchased energy that the facility consumes).
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\43\ In this preamble, we refer to purchased electricity and
thermal energy products such as steam, heat (in the form of hot
water), and cooling (in the form of chilled water) broadly as
``purchased energy'' or ``purchased energy products.'' These terms
exclude purchased fuels associated with direct emissions at the
facility.
\44\ See, e.g., the EPA's Scope 1 and Scope 2 Inventory
Guidance, available at: www.epa.gov/climateleadership/scope-1-and-scope-2-inventory-guidance.
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The EPA is interested in collecting data on energy consumption to
gain an improved understanding of the energy intensity (i.e., the
amount of energy required to produce a given level of product or
activity, both through onsite energy produced from fuel combustion and
purchased energy) of specific facilities or sectors, and to better
inform our understanding of energy needs and the potential indirect GHG
emissions associated with certain sectors. Understanding the energy
intensity of facilities and sectors is critical for evaluating and
identifying the most effective energy efficiency and GHG reduction
programs for different industrial sectors, particularly for sectors
where purchased energy accounts for a significant portion of a typical
facility's onsite energy use. For example, based on the most recent
Manufacturing and Energy Consumption Survey (MECS) published by the DOE
Energy Information Administration (EIA) in 2018,\45\ the EPA estimates
that indirect GHG emissions from electricity consumption from the
chemical manufacturing sector (4.8 million mtCO2e) were
approximately equal to the chemical manufacturing sector's direct
emissions from natural gas combustion (5.2 million mtCO2e).
Similarly, these MECS data indicate that each of the following
manufacturing sectors had indirect GHG emissions from electricity
consumption approximately equal to or greater than the sector's direct
GHG emissions from natural gas combustion: food, beverage, and tobacco
products; textile mills; wood products; primary metals; fabricated
metal products; transportation equipment; furniture and related
products; chemicals; nonmetallic mineral products; and primary metals.
For RY2020, more than 1,800 facilities from these manufacturing sectors
reported direct GHG emissions to the GHGRP to a total of 26 subparts.
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\45\ See U.S. Energy Information Administration 2018
Manufacturing and Energy Consumption Survey, www.eia.gov/consumption/manufacturing/pdf/MECS%202018%20Results%20Flipbook.pdf.
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Understanding the energy intensity of the facilities and sectors
reporting under the GHGRP would also allow the EPA to identify
industry-specific best operating practices for increasing energy
efficiency and reducing GHG emissions, and to evaluate options for
expanding the use of these best practices or other potential policy
options. For example, while U.S. Energy Information Administration data
show that industrial U.S. electric power usage declined from 1,372
megawatt-hour (MWh) per customer in 2007 to 1,188 MWh per customer in
2019,\46\ the EPA is unable to determine how individual industrial
sectors contributed to the decreased electric power usage and is
[[Page 32886]]
therefore unable to identify best practices in use. With respect to
thermal energy products, one best practice involves an industrial
facility contracting with an adjacent, separately owned facility for
steam delivery services. Often the steam suppliers deploy relatively
more efficient combined heat and power (CHP) technologies, compared to
the industrial source generating its own steam.\47\ Obtaining data on
thermal energy product purchases would allow the EPA to better
understand the use of this technology in different sectors and evaluate
potential related policy options.
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\46\ Please see the Technical Support Document for Non-Fuel
Energy Purchases: Supplemental Proposed Rule for Adding Energy
Consumption Source Category under 40 CFR part 98, available in the
docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424) for
additional information on U.S. electric power sector usage.
\47\ CHP systems achieve fuel use efficiencies of 65 to 80
percent, compared to separate heat and power systems (i.e.,
purchased grid electricity from the utility and an on-site boiler),
which have efficiencies of approximately 50 percent. Due to the
higher efficiencies of CHP systems, they reduce the amount of fuel
burned and reduce GHG emissions. See www.epa.gov/chp/chp-benefits
for additional information.
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In this proposal, the EPA is reasserting that collecting
information on purchased energy products is consistent with the EPA's
existing CAA authority. As summarized in the 2009 Proposed Rule, CAA
section 114(a)(1) authorizes the EPA to, inter alia, require certain
persons on a one-time, periodic, or continuous basis to keep records,
make reports, undertake monitoring, sample emissions, or provide such
other information as the EPA may reasonably require. The EPA may
require the submission of this information from any person who (1) owns
or operates an emission source, (2) manufactures control or process
equipment, (3) the EPA believes may have information necessary for the
purposes set forth in this section, or (4) is subject to any
requirement of the Act (except for manufacturers subject to certain
title II requirements, who are subject to CAA section 208). The EPA may
require this information for the purposes of developing or assisting in
the development of any implementation plan, an emission standard under
sections 111, 112 or 129, determining if any person is in violation of
any such standard or any requirement of an implementation plan, or
``carrying out any provision'' \48\ of the Act.
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\48\ Except a provision of Title II of the CAA with respect to a
manufacturer of new motor vehicles or new motor vehicle engines, as
those provisions are covered under CAA section 208.
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As the EPA noted in the 2022 Data Quality Improvements Proposal, in
the development of the GHGRP in the 2009 rule,\49\ the Agency
considered its authorities under CAA sections 114 and 208 and the
information that would be relevant to the EPA's ``carrying out'' a wide
variety of CAA provisions when identifying source categories for
reporting requirements. The scope of the persons potentially subject to
a CAA section 114(a)(1) information request (e.g., a person ``who the
Administrator believes may have information necessary for the purposes
set forth in'' CAA section 114(a)) and the reach of the phrase
``carrying out any provision'' of the Act are quite broad. Given the
broad scope of CAA section 114, it is appropriate for the EPA to
collect information on purchased energy because such information is
relevant to the EPA's ability to carry out a wide variety of CAA
provisions. As the EPA explained in initially promulgating the GHGRP,
it is entirely appropriate for the Agency under CAA section 114 to
gather such information to allow a comprehensive assessment of how to
best address GHG emissions and climate change under the CAA, including
both regulatory \50\ and non-regulatory \51\ options. A firm
understanding of both upstream and downstream sources provides a
sounder foundation for effective research and development for potential
actions under the CAA. The better the EPA's understanding of
differences within and between source categories, the better the
Agency's ability to identify and prioritize research and development as
well as program needs under the CAA.
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\49\ We also note that as part of the process in selecting the
original list of source categories to include in the GHG Reporting
Rule in 2009, the EPA also considered the language of the
Appropriations Act, which referred to reporting ``in all sectors of
the economy,'' and the accompanying explanatory statement, which
directed the EPA to include ``emissions from upstream production and
downstream sources to the extent the Administrator deems it
appropriate'' (74 FR 16465, April 10, 2009).
\50\ See, e.g., under CAA sections 111(b) and (d).
\51\ See, e.g., under CAA section 103(g). As explained further
in the record for the 2009 Final Rule (74 FR 16448), it is entirely
appropriate for the EPA to propose to gather information for
purposes of carrying out CAA section 103 in this supplemental
proposed rule.
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2. Public Comments Received in Request for Comment
In the 2009 Proposed Rule (74 FR 16479, April 10, 2009), the EPA
sought comment on, but did not propose, requiring reporting related to
purchased energy products. The EPA explained in the 2009 Final Rule
that, while it was not then deciding to require facilities to report
their electricity purchases or indirect emissions from electricity
consumption, we believed that acquiring such data may be important in
the future and intended to explore options for possible future data
collection on electricity purchases and indirect emissions, and the
uses of such data. Comments received on the 2009 Proposed Rule, as well
as the Agency's responses to those comments, are summarized in the 2009
Final rule (74 FR 56288-56289, October 30, 2009) and the 2009 response
to public comments.\52\
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\52\ Mandatory Greenhouse Gas Reporting Rule: EPA's Response to
Public Comments, Volume No.: 1, Selection of Source Categories to
Report and Level of Reporting. Available at Docket Id. No. EPA-HQ-
OAR-2008-0508-2258.
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In section IV.F of the 2022 Data Quality Improvements Proposal, the
EPA requested further comment on the potential addition of the energy
consumption source category, including the following topics:
Whether the EPA should add a source category for energy
consumption;
Information to characterize purchased energy markets
(i.e., regulated or de-regulated) and products (e.g., renewable
attributes of purchased products);
Whether the EPA should limit reporting requirements to
purchased energy or require facilities to convert their energy
consumption to indirect emission estimates;
Information on whether or not associated reporting
requirements should include purchased thermal energy products and if
the requirements should differentiate purchased thermal energy products
from purchased electricity;
Whether the EPA should limit the applicability to sources
that are already subject to the GHGRP or consider specific industrial
sectors or technologies that may not be completely represented within
the GHGRP but that should be considered when evaluating the energy use
performance of industrial sources;
What measures would minimize the burden of reporting
parameters related to purchased energy transactions;
What monitoring and recordkeeping systems are currently in
place for purchased energy transactions and what methodologies are
recommended for monitoring and QA/QC; and
What existing industry standards are available for
assessing the accuracy of the monitoring systems used for purchased
energy transactions.
This section presents a broad overview of the comments received on
the request for comment in the 2022 Data Quality Improvements Proposal
as well as relevant comments from the 2009 Proposed Rule's request for
comment.
We note that in response to the 2009 Proposed Rule and the 2022
Data Quality Improvements Proposal requests
[[Page 32887]]
for comment, some commenters stated that collecting information on
electricity purchases was either outside the scope of the GHGRP or
outside the scope of the EPA's CAA section 114 authority. However,
other commenters stated that collecting purchased electricity
information was within the scope of the GHGRP and the EPA's CAA section
114 authority. Certain commenters stated that such information could
inform the EPA's analysis of the feasibility, cost, and efficacy of
reducing emissions through electrification in various subsectors, as
well as the impacts of the incidental electrification that results when
sources comply with regulatory requirements premised on other control
techniques.
The EPA disagrees that we should or must interpret the language of
CAA section 114 as narrowly as some commenters advocate. While Congress
highlighted certain potential uses of the information gathered under
CAA section 114 in a portion of CAA section 114(a), Congress also
explicitly listed in CAA section 114(a) the potential use of ``carrying
out any provision'' of the Act. The EPA has a variety of duties in the
CAA that extend to both regulatory and non-regulatory programs, and
limiting the scope of CAA section 114 as some commenters urge would
hinder the EPA's ability to implement those provisions and subvert
Congressional intent. The EPA also notes that the point of gathering
information under CAA section 114 is to inform decisions regarding the
legal, technical, and policy viability of various options for carrying
out provisions under the CAA. To require a narrowing of those options
beforehand would curtail the EPA's decision making before the
information is available for consideration. Collection of energy
consumption information as the EPA is proposing in this action would
allow the Agency to undertake a more thorough and holistic evaluation
of how to utilize its authority under the CAA, both regulatory and non-
regulatory, to address GHG emissions and climate change, consistent
with its authority under CAA section 114.
We received several comments from stakeholders regarding how the
EPA should define the energy consumption source category. Commenters
discussed issues such as: (i) reporting at the facility-level versus
the corporate-level; (ii) applying requirements to sources currently
subject to part 98 versus sources that are not currently subject to
part 98, including both purchased electricity and thermal energy
products; and (iii) excluding purchased electricity consumed by power
plants.
With respect to the facility-level versus corporate-level reporting
issue, some commenters supporting the addition of the energy
consumption source category stated that already established voluntary
programs for reporting energy consumption are based on corporate-level
protocols rather than the facility-level approach that is being
proposed under the GHGRP. Other commenters opposing reporting of
purchased energy said that electricity purchases are made at the
corporate-level for some facilities. Commenters supporting the addition
of energy consumption stated that the definition of the source category
should apply to both current GHGRP reporters and non-reporters with
energy consumption levels comparable to current reporters; these
commenters suggested that energy consumption reporting requirements
should be codified under subpart A of part 98 (General Provisions).
Certain commenters also said that the definition should include both
purchased electricity and thermal energy products, with separate
reporting requirements for each.
As discussed in section IV.A.3 of this preamble, the EPA is
proposing to define the energy consumption category to include direct-
emitting facilities that (1) purchase metered electricity or metered
thermal energy products, and (2) are currently required to report under
part 98. At this time, the EPA is proposing to limit the source
category to include metered, purchased energy products that are
consumed at the facility in order to reduce burden for reporters, by
allowing reporters to rely on existing purchase contracts for which
metering and billing requirements are already in place. In determining
which requirements to propose, the EPA has considered both the
reporting burden that would result and the need to collect that
information to inform policy under the CAA at this time. While we are
proposing to require reporting at the facility-level for direct
emitters, the proposed requirements do not require calculation or
reporting of indirect GHG emissions. The proposed requirements are
limited at this time to development of a metered energy monitoring plan
and recordkeeping and reporting activities that direct-emitting
facilities that currently report under part 98 may complete using
information that we anticipate is readily available to them,
predominantly in their energy bills. We are proposing to include
reporting for both purchased electricity and purchased thermal energy
products, because both forms of energy are needed to evaluate the
efficiency of GHG emitting activities within discrete sectors.
The EPA also received comments stating that indirect emissions
estimates derived from energy consumption would not be useful, would be
inherently inaccurate, and would lead to double counting of direct
emissions. Specifically, certain commenters said that the EPA should
continue to focus only on direct GHG emissions and expressed concerns
that any future indirect emissions estimates (derived from energy
consumption data) could be added together with direct emissions
estimates for the power sector leading to overall double counting of
air emissions in multisector inventories. Other commenters stated that
indirect emissions estimates derived from energy consumption data are
inherently inaccurate and not useful because the origin of consumed
energy cannot be easily determined for all consumers.
The EPA is not proposing in this action to require reporters to
develop indirect emissions estimates. The EPA disagrees with the
commenters to the extent they assert or suggest that the reporting of
energy consumption has no value, that it constitutes double counting,
and that the Agency should not collect purchased energy data because of
accounting concerns related to indirect emissions estimates. For
industrial sectors that rely on fossil fuel energy conversion
activities like boilers, turbines, and engines, part 98 currently
provides energy efficiency analysts with sector-specific information on
the fuels used and associated direct emissions. These data can be
converted to the same basis as purchased energy data (i.e., kilowatt-
hours consumed) with standard engineering calculations. However, the
EPA has determined that it is difficult to compare energy efficiencies
of different facilities within the same industrial sector when looking
only at facility-located fossil fuel energy conversion operations.
Accordingly, in developing this proposal the EPA has determined that
sector-specific energy consumption data are not only useful but are
also essential for identifying the most energy efficient facilities
within each sector. Additionally, the EPA disagrees with those
commenters asserting that energy consumption data should not be
collected based on the commenters' asserted potential accuracy and
accounting concerns related to indirect emissions. As noted previously,
it is not necessary to convert purchased energy data into indirect
emissions estimates to compare the energy efficiency of different
facilities within the same sector, as intended by the EPA in this
action. For example, the EPA
[[Page 32888]]
could complete facility-specific analyses for the iron and steel sector
(or for discrete iron and steel subsectors) by combining the reported
fuel-specific direct emissions values and emissions factors to estimate
the fuel use quantity, which could subsequently be converted to annual
kilowatt-hours-thermal (kWhth) values using fuel-specific heating
values. With the addition of purchased energy data under part 98, each
facility's thermal fossil energy consumption could be added to each
facility's purchased energy consumption to compare all facilities
within the iron and steel sector on the same total energy consumption
basis.
Finally, the commenters' concerns that analysts may use the energy
consumption data in multisector analyses (e.g., analyses that double
count emissions by summing power sector direct emissions with another
sector's indirect emissions estimates) is inconsistent with the EPA's
intent to use these data appropriately to complete facility-level,
energy efficiency comparisons within discrete sectors. In response to
comments on the 2009 Proposed Rule regarding the potential double
counting of emissions reported by power plants and electricity
purchased downstream from those power plants, the EPA noted that there
is inherent and intentional double reporting of emissions in a program
that includes both energy suppliers and energy users (74 FR 16479,
April 10, 2009), and that both supply- and demand-side data are
necessary to evaluate and identify the best policy options. However,
double reporting is not inherently the same as double counting.
Subparts C (General Stationary Fuel Combustion Sources) and NN
(Suppliers of Natural Gas and Natural Gas Liquids) are an example in
the existing GHGRP requirements of double reporting. Double counting is
likely best characterized as a form of misuse or misunderstanding of
two reported values, where an analyst could potentially improperly add
potential emissions (calculated from the subpart NN supplier's data) to
actual emissions (from the subpart C user's data) and erroneously
represent the sum of these two values as the total emissions from the
energy transaction. To mitigate the potential for any such double
counting by users of part 98 data, the EPA designates subparts as
either ``direct emitter'' or ``supplier'' subparts. Similarly, in this
proposal, the EPA has proposed to include a new definition for
``indirect emissions'' under the proposed subpart B to distinguish any
associated indirect emissions estimates (that may be derived by users
of GHGRP reported energy consumption data) from direct emissions
reported in direct emitter subparts. The demand-side information
proposed to be collected under this subpart would be used to understand
the energy intensity of facilities and sectors.
We also received several comments regarding whether the EPA should
establish a reporting threshold for the energy consumption source
category. Commenters were divided on whether or not energy consumption
should be considered toward the reporting threshold. Some commenters
supporting the addition of the energy consumption category said that
applicability should be based on direct emissions only, while others
said that the reporting threshold should be broadened to also include
facilities not currently subject to reporting within a part 98 sector
if a facility uses comparable quantities of energy to facilities
currently subject to part 98. One commenter responded to the EPA's
request for comment on whether the approach of limiting applicability
of an energy consumption source category to facilities that are
currently subject to the GHGRP would exclude certain sectors that
consume very large quantities of purchased energy. The commenter
identified gas compression facilities that replace reciprocating
engines with electric motors as one type of activity that would be
excluded under the current thresholds.
As discussed in section IV.A.3 of this preamble, at this time the
EPA is proposing to retain the current GHGRP reporting thresholds.
While the EPA recognizes that some sectors may include facilities
operating below the current GHGRP reporting thresholds with very large
energy purchases, only one sector was identified by commenters
responding to the EPA's request for comment on such excluded
facilities. Refer to section IV.A.4 of the preamble for further detail
on the EPA's rationale for proposing to retain the current reporting
thresholds.
We received several comments on potential calculation methodologies
that could be adopted for the energy consumption source category.
Commenters recommended that methodologies should be consistent with
ongoing rulemakings and programs by other Federal agencies with
considerations for renewable energy credits (RECs) and use of location-
based emission factors for indirect emissions estimates. The commenters
stated that any calculation methodologies used by the EPA should be
consistent with the Security and Exchange Commission's (SEC) ongoing,
corporate-level rulemaking for climate-related disclosures. Other
commenters stated that calculations should be consistent with other
voluntary and regulatory programs. Some commenters stated that
calculations should include a location-based approach and use of
retired RECs.
As previously noted, at this time the EPA is not proposing to
require reporters to calculate or report indirect emissions estimates
from the proposed collection of energy consumption data. In the future,
if the EPA determines that the purposes of the Clean Air Act would be
advanced by information gathered through a uniform methodology for
estimating indirect emissions from energy consumption, the EPA may
consider established protocols in other voluntary and regulatory
programs, and address similarities and differences, in any such future
undertaking.
We received several comments from stakeholders regarding reporting
and recordkeeping procedures for the energy consumption source
category. Commenters stated that the EPA is mistaken about the ease of
reporting energy consumption data for some facilities that may have
power purchasing agreements that do not include all required reporting
elements. One commenter stated that, while individual facilities may
have electricity meters, uses of electricity within a facility may not
be separately metered, meaning that it would be difficult to separate
the electricity purchased to be used in connection with the source
subject to reporting under the GHGRP from the electricity used for
purposes that do not fall into a GHGRP reporting subpart. Commenters
also said that energy consumption records may be considered CBI and
gathering all the energy consumption records for a large facility would
impose significant burden on reporters. Other commenters suggested
reporting requirements that may be useful for converting energy
consumption data to indirect emissions estimates, and some reporters
made recommendations for ensuring any future indirect emissions
estimates developed by the EPA were clearly demarked separately from
direct emissions estimates.
The EPA appreciates the commenters suggestions related to indirect
emissions estimates, but, as stated previously in this preamble
section, the EPA is not proposing that reporters calculate or report
indirect emissions estimates. With regard to commenter concerns about
potential difficulties with reporting energy consumption data, the EPA
is proposing at this time to limit the energy consumption data to be
[[Page 32889]]
reported to data based on existing billing statements and purchasing
agreements. The EPA is proposing to require a copy of a representative
billing statement for each existing or new energy purchasing agreement
between two counterparties. This information would ensure that all
reported quantities of energy consumed are consistent with the periodic
billing statements. The proposed approach for collection of energy
consumption data would not require the reporting of any information
that is not readily available to the reporting facility on periodic
billing statements. Regarding the commenter concern about
differentiating electricity use between activities supporting the
industrial activities related to the source reporting direct emissions
to the GHGRP versus those not related to industrial source activities,
the EPA is proposing to allow the use of company records or engineering
judgment to make these estimates.
3. Proposed Definition of Source Category
We are proposing to define the energy consumption source category
as direct emitting facilities that: (1) purchase metered electricity or
metered thermal energy products; (2) are required to report under
Sec. Sec. 98.2(a)(1), (2), or (3) or are required to resume reporting
under Sec. Sec. 98.2(i)(1), (2) or (3); and (3) are not eligible to
discontinue reporting under the provisions at Sec. Sec. 98.2(i)(1)
(2), or (3). Under proposed 40 CFR 98.28, we are proposing definitions
for the terms ``metered,'' ``purchased electricity,'' ``purchasing
agreement,'' and ``thermal energy products'' and the EPA specifically
requests comments on these proposed definitions. This subpart would
only apply where existing meters are installed for purchased
electricity or for purchasing agreements for thermal energy products.
The definition of ``metered'' clarifies that, for thermal energy
products purchasing agreements, design parameters would be used for
reporting energy consumption if real-time operating meters are not
required by the purchasing agreement. As proposed, this source category
would not require the installation of meters; however, we are proposing
that purchased electricity consumers subject to proposed subpart B
would be required, in certain specified circumstances, to request that
their electricity delivery service provider ensure any installed
purchased electricity meter meets minimum accuracy requirements. The
proposed definition of ``thermal energy products'' for the purposes of
part 98 subpart B would include metered steam, hot water, hot oil,
chilled water, refrigerant, or any other medium used to transfer
thermal energy. Only facilities that are required for that RY to report
direct emissions under another subpart of the GHGRP (i.e., that meet
the applicability requirements for reporting direct emissions under
source categories listed in 40 CFR 98.2(a)(1), (2), or (3) and are not
eligible to discontinue reporting for that RY under the provisions at
40 CFR 98.2(i)(1), (2), or (3) (i.e., ``off-ramp''), or that are
previous reporters that ceased reporting (i.e., ``off-ramped'') but are
required to resume reporting for that RY under 40 CFR 98.2(i)(1), (2),
or (3)) and purchase metered electricity or metered thermal energy
products would be required to report under this subpart. Note, under
the proposal, the proposed addition of subpart B would not affect the
eligibility of existing reporters to off-ramp per the requirements of
40 CFR 98.2(i)(1), (2), or (3), or affect whether the facility must
resume reporting under those same provisions (i.e., would not factor
into whether the reporting threshold to resume reporting of 25,000
mtCO2e per year or more is met for 40 CFR 98.2(i)(1) and
(2), or for whether operations resumed for 40 CFR 98.2(i)(3)).
Facilities eligible to off-ramp include a relatively small subset of
total GHG emissions reported to the GHGRP; therefore, our analysis at
this time is that collection of energy consumption data from these
sources would not provide substantial information to the program. As
discussed further in section IV.A.4 of this preamble, the proposed
subpart B would also not affect the calculations that certain
facilities conduct for comparison to the 25,000 mtCO2e per
year applicability threshold or result in the addition of new reporters
to the GHGRP.
The proposed source category does not include the purchase of fuel
and the associated direct emissions from the use of fuel on site, as
those are already reported as applicable under existing part 98
subparts. The proposed source category also does not apply to the use
of electricity and thermal energy products that are not subject to
purchasing agreements. While such arrangements are expected to be
uncommon, some geothermal and biogas energy sources may not be metered
or may not be subject to purchasing agreements. In order to minimize
the potential burden on reporters, at this time the EPA is proposing to
require reporting of only energy consumption data that is commonly
available in energy billing statements and transactional records
exchanged pursuant to existing purchasing agreements.
4. Selection of Proposed Reporting Threshold
As described above, facilities that meet the applicability
requirements for reporting direct emissions under another source
category of the GHGRP (and not otherwise eligible to discontinue
reporting for that RY under the provisions at 40 CFR 98.2(i)(1), (2),
or (3)) or that are previous reporters that ceased reporting (i.e.,
``off-ramped'') but are required to resume reporting for that RY under
40 CFR 98.2(i)(1), (2), or (3)), and that purchase metered electricity
or metered thermal energy products, would be required to report under
this proposed subpart.
The EPA also considered requiring reporting based on certain
CO2e thresholds. In these scenarios, the threshold would
include both a facility's total direct emissions as well as indirect
emissions associated with that facility's energy consumption (i.e.,
resulting from purchased metered electricity or thermal energy
products). Table 4 of this preamble presents the thresholds that the
EPA considered for this supplemental proposal along with an estimate of
the number of facilities that would be required to report under each of
these scenarios and an estimate of the percent of total electricity use
that would be covered under each option. Note, the EPA does not have
sufficient data on thermal energy products to estimate the percent of
total thermal energy products that would be included under each option.
Table 4--Threshold Analysis for Energy Consumption
------------------------------------------------------------------------
Percent of total
Threshold level (mtCO2e) Estimated number of electricity use
subpart B reporters covered
------------------------------------------------------------------------
CO2e facility-wide emissions Approximately 2,850 4.3
of 100,000 metric tons or (virtually all 2,850
more. facilities are
current GHGRP
reporting
facilities).
[[Page 32890]]
CO2e facility-wide emissions Approximately 11,850 7.5
of 25,000 metric tons or more. (of which 6,450 are
current GHGRP
reporting
facilities).
CO2e facility-wide emissions 49,850 (of which 14.7
of 10,000 metric tons or more. 7,050 are current
GHGRP reporting
facilities).
CO2e facility-wide emissions 74,850 (of which 29.8
of 1,000 metric tons or more. 7,350 are current
GHGRP reporting
facilities).
Selected Proposed Option: No 7,587 \53\ (the 7.4
Threshold; subpart applies to number of existing
reporters that meet direct emitters
applicability requirements of reporting for
other direct emitting RY2021).
subparts and that purchase
energy products.
------------------------------------------------------------------------
For additional details on the analysis of these thresholds and the
estimated number of facilities potentially subject to subpart B under
these scenarios, please see the Technical Support Document for Non-Fuel
Energy Purchases: Supplemental Proposed Rule for Adding Energy
Consumption Source Category under 40 CFR part 98, available in the
docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
---------------------------------------------------------------------------
\53\ The facility count for the proposed option includes all
facilities that reported to the EPA in RY2021 under a direct
emitting subpart or subpart RR (Geologic Sequestration of Carbon
Dioxide). In reviewing this information for this supplemental
proposal, the EPA assessed that this facility count includes many
facilities that do not appear to be required to report under 40 CFR
part 98. However, the EPA has included all facilities that reported
to the EPA in RY2021 in this total, as it provides a conservative
estimate of the number of facilities that would be affected by these
proposed revisions.
---------------------------------------------------------------------------
Following our analysis, the EPA is not proposing a certain
CO2e threshold approach. At this time, the EPA is most
interested in better understanding the energy intensity of facilities
and sectors that are required to report their direct emissions under
the existing GHGRP subparts. For this proposal, we have determined that
obtaining information on purchased metered electricity or metered
thermal energy products from direct emitting facilities, which include
the most energy-intensive industrial sectors, is sufficient at this
time, as direct emissions currently reported to the GHGRP account for
approximately 70 percent of all U.S. GHG direct emissions from
stationary point sources. Adopting a threshold of 25,000, 10,000 or
1,000 mtCO2e of combined direct and indirect emissions would
at a minimum add over 4,000 reporters and at a maximum increase the
number of reporters by nearly an order of magnitude. As shown in Table
4, the additional electricity data that would result from these
thresholds would do little to further the objectives of the program at
this time for the initial purposes of the proposed subpart B. Applying
the requirements to existing GHGRP direct emitters more effectively
targets large industrial emitters. Therefore, there are no proposed
requirements for direct emitting facilities that meet the applicability
under 40 CFR 98.2(a)(2) to consider indirect emissions from subpart B
for comparison to a 25,000 mtCO2e threshold (as currently
directed, as applicable, under 40 CFR 98.2(b)), and no indirect
emissions from subpart B are proposed to be reported or included in the
facility's total annual emissions as calculated under 40 CFR
98.2(c)(4)(i). As such, the proposed subpart B requirements would not
add new reporters to the GHGRP.
5. Selection of Proposed Calculation Methods
As discussed in section IV.A.4 of this preamble, we are not
proposing to require facilities to calculate or report indirect
emissions estimates associated with purchased metered electricity or
metered thermal energy products. We have proposed a definition for the
term ``indirect emissions'' under 40 CFR 98.28 to distinguish this
attribute of energy consumption from direct emissions reported under
the direct emitting subparts listed in Tables A-3 and A-4 of part 98.
In general, the greenhouse gases CO2, CH4, and
N2O are emitted during the combustion of fuels to generate
electricity or during the combustion of fuels to produce thermal energy
products. However, under the proposed requirements, facilities would
not be required to convert their energy usage into indirect emission
estimates (i.e., energy-use-to-emissions conversions intended to
associate offsite, energy production emissions with on-site, non-
emitting energy consumption). The EPA is proposing that facilities
simply report the quantity of purchased electricity and purchased
thermal energy products during the reporting year because (1) these
data are more readily available to facilities; and (2) the EPA does not
need the energy use to be converted to emissions estimates to better
understand the energy intensity of facilities and sectors reporting to
the GHGRP. As previously noted, at this time the EPA is not proposing
to require reporters to calculate or report indirect emissions
estimates from the proposed collection of energy consumption data.
6. Selection of Proposed Monitoring, QA/QC, and Verification Methods
The proposed monitoring and quality assurance/quality control (QA/
QC) requirements would require facilities subject to the new subpart to
develop a written MEMP. The MEMP would serve to document metering
equipment that would be used to collect the data required to be
reported under this subpart. The EPA is proposing that electricity
meters subject to this subpart must conform to the accuracy
specifications required by the voluntary standard for electricity
metering accuracy under the ANSI standards C12.1-2022 Electric Meters--
Code for Electricity Metering, or with another consensus standard
having accuracy specifications at least as stringent as the cited ANSI
standard. The ANSI standard is widely referenced in state utility
commission performance standards governing the accuracy of electric
meters used for billing calculations. Facilities with meter(s) that do
not meet either the accuracy specifications in these ANSI standards or
another, similar consensus standard with accuracy specifications at
least as stringent as the cited ANSI standard would be required to
request that the electricity delivery service provider install
equipment that conforms with either the ANSI standard or another,
similar consensus standard with accuracy specifications at least as
stringent as the cited ANSI standard. This ANSI standard is available
at the following web link: ANSI C12.1-2022--https://webstore.ansi.org/standards/nema/ansic122022.
We are proposing that thermal energy product metering systems be
audited at least once every five years and meet accuracy specifications
in 40 CFR 98.3(i)(2) or (3). We are seeking comment on existing
industry standards for assessing the accuracy of electric and thermal
energy monitoring systems, the frequency of audits of these systems,
and the accuracy specification(s) used
[[Page 32891]]
for thermal energy product metering systems.
The EPA understands that contracts between host facilities and
energy producers are governed by clear metering and billing
requirements. Accordingly, we are seeking comment on our understanding
that monitoring and recordkeeping systems are already in place for
purchased energy transactions, and our assessment that the incremental
reporting burden would be minimal.
7. Selection of Proposed Procedures for Estimating Missing Data
The EPA is proposing that reporters with missing billing statements
for purchased energy products must request replacement copies of lost
statements from their energy delivery service provider. In the event
that the energy delivery service provider is unable to provide
replacement copies of billing statements, the facility would be
required to estimate the data based on the best available estimate of
the energy use, based on all available data which may affect energy
usage (e.g., processing rates, operating hours, etc.). The owner or
operator shall document and keep records of the procedures used for all
missing data estimates. For example, with respect to electricity
purchases, if a facility's electrical usage varies by season, it may
choose to estimate the missing usage data based on the same month in a
previous year. However, if a facility's electricity usage varies more
with production levels than with seasons, it would be more appropriate
for that facility to estimate the missing usage data based on a time
period during which the facility's production level was similar to the
production level at the time of the missing data.
The EPA considered proposing more prescriptive requirements
regarding procedures for estimating missing data, but ultimately
concluded that each individual facility is in the best position to
determine the most appropriate approach for determining the period of
similar operations. The EPA seeks comment on this approach to
estimating missing data.
8. Selection of Proposed Data Reporting Requirements
Under proposed subpart B, facilities would be required to report
the annual purchases of electricity (in kilowatt hours (kWh)) and
thermal energy products (in million British thermal units (mmBtu)).
Facilities would also report supporting information on the energy
providers and meters used. Under the proposed subpart B, reporters
would be required to report readily available information from periodic
billing statements provided by their electricity and thermal energy
providers including the name of the provider, dates of service, meter
locations and identifiers, quantities purchased, and billing period
data such as billing period dates and rate descriptors. In states with
deregulated markets where the billing statements have separate line
items for electricity delivery services and electricity supply
services, the delivery service and supply service providers may be
different entities. Reporters would also be required to provide a copy
of one billing statement for each energy delivery service provider of
purchased energy with the first annual report. If the facility changes
or adds one or more energy delivery service providers after the first
reporting year, the annual report would be required to include an
electronic copy of all pages of one billing statement received from
each new provider for only the first reporting year of each new
purchasing agreement. Facilities subject to multiple direct emitter
subparts would additionally report the fraction of quantities purchased
that is attributable to each subpart, as estimated by company records
or engineering judgment. If the periodic billing statement spans two
reporting years, the quantity of purchased energy would be required to
be allocated to each year based on either the operational knowledge or
the number of days of service in each reporting year. Reporters would
be allowed to exclude purchased electricity as estimated by company
records or engineering judgment, where: (1) electricity is generated
outside the facility and delivered into the facility, but the final
destination and usage is outside of the facility, or (2) electricity is
consumed by operations or activities that do not support any activities
reporting direct emissions under this part.
Please see section VI of this preamble for the EPA's proposed
confidentiality determinations for these reporting elements. The EPA
understands that these reporting requirements are readily available to
the energy purchasing facility on periodic billing statements. The EPA
also seeks comment on measures that could minimize the burden of
reporting parameters related to purchased metered electricity or
metered thermal energy transactions.
The EPA recognizes that under the proposed reporting requirements,
the Agency would not receive information on the energy attributes of
the metered electricity or metered thermal energy products purchased.
For example, if a facility has purchased a REC which certifies that the
electricity purchased is generated and delivered to the electricity
grid from a renewable energy resource, this would not be reflected in
the data reported to the EPA. We reiterate that the purpose of this
data collection is to better understand the energy intensity of
facilities and sectors reporting to the GHGRP, and energy intensity is
independent from energy attributes. Therefore, we are at this time
proposing that facilities would report only quantities of energy
products purchased, as well as supporting information on the service
provider and meters used.
9. Selection of Proposed Records That Must Be Retained
The EPA is proposing that facilities must retain (1) copies of all
purchased electricity or thermal energy products billing statements,
(2) the results of all required certification and quality assurance
tests referenced in the MEMP for all purchased electricity meters or
thermal energy products meters used to develop the energy consumption
values reported under this part, and (3) maintenance records for all
monitoring systems, flow meters, and other instrumentation used to
provide data on consumption of purchased electricity or thermal energy
products under this part. Maintaining records of information, including
purchase statements, certifications, quality assurance tests, and
maintenance records, are necessary to support the verification of the
energy consumption data reported.
The EPA is considering further expanding the reporting requirements
for this proposed subpart to include information on the sources used to
generate the purchased electricity or thermal energy when this
information is known to reporters, such as with facilities that have a
bilateral power purchase agreement with an energy provider. In these
cases, this information would allow GHGRP data users to more accurately
estimate the indirect emissions attributable to these purchases as
compared to using regional grid factors or other less accurate methods.
The EPA is seeking comments and information related to this potential
expansion. For electrical energy, the EPA is seeking comment on
requiring facilities to report the quantity of purchased electricity
generated by each of the following sources: non-hydropower including
solar, wind, geothermal and tidal, hydropower, natural gas, oil, coal,
nuclear, and other. For thermal energy, the EPA is seeking comment on
requiring facilities to report the quantity of purchased thermal steam
[[Page 32892]]
generated by each of the following sources: solar, geothermal, natural
gas, oil, coal, nuclear and other. In addition, the EPA is also seeking
comment on the availability of this data to reporters. In some
situations, the EPA believes this information would be readily
available, such as when a bilateral purchase agreement for dedicated
off-site generation is in place. In most situations, the EPA
anticipates facilities would not have access to this information,
however, the requirement would be to report this information only if
known. This would minimize burden as facilities would not be required
to acquire any new information from their energy suppliers.
B. Subpart WW--Coke Calciners
1. Rationale for Inclusion in the GHGRP
For the reasons described in section II.B of this preamble and the
2022 Data Quality Improvements Proposal, consistent with its authority
under the CAA, the EPA is proposing to add a new subpart, subpart WW of
part 98 (Coke Calciners). Coke calcining is a process in which
``green'' petroleum coke with low metals content (commonly called
``anode grade petroleum coke'') is heated to high temperatures in the
absence of air or oxygen for the purpose of removing impurities or
volatile substances in the green coke. The calcined petroleum coke
product is a nearly pure carbon material used primarily to make anodes
for the aluminum, steel, and titanium smelting industries. There are
approximately 15 coke calcining facilities in the United States. The
typical coke calcining facility emits 150,000 mt CO2 per
year. We estimate that coke calcining facilities emit approximately 2
million mt CO2 per year.\54\ On both an emissions per
facility basis and an aggregate industry GHG emissions basis, the
proposed coke calciners subpart is comparable with the GHG emissions
required to be reported to the GHGRP for several other subparts.
---------------------------------------------------------------------------
\54\ See Revised Technical Support Document For Coke Calciners:
Supplemental Proposed Rule For The Greenhouse Gas Reporting Program
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-
OAR-2019-0424).
---------------------------------------------------------------------------
Emissions from coke calciners located at a petroleum refinery must
be reported to the GHGRP under subpart Y of part 98 (Petroleum
Refineries) using CEMS or a carbon balance method. Some facilities with
coke calciners report emissions from coke calciners under subpart C of
part 98 (General Stationary Fuel Combustion Sources) assuming that coke
is the fuel consumed. This is not accurate because the primary fuel
used in the calciner is process gas consisting of volatile organic
compounds driven from the green coke, which have a lower carbon content
than the green coke. Additionally, this leads to a disparity between
calculation methods used for coke calciners at petroleum refineries and
other facilities.
Creating a subpart specifically to provide GHG calculation methods
and reporting requirements for coke calciners would clarify the
applicability of the reporting requirements, improve the accuracy and
usability of the data, provide consistency in the methods used to
estimate emissions from coke calciners, and better inform future EPA
policy under the CAA.
2. Public Comments Received in Request for Comment
In section IV.E of the 2022 Data Quality Improvements Proposal, the
EPA requested comment on the addition of coke calcining as a new
subpart to part 98. The request for comment covered the following
topics:
Whether the EPA should add a source category related to
coke calcining, including information on the total number of facilities
currently operating coke calciners in the United States;
What calculation methodologies should be used for purposes
of part 98 reporting, including the use of CEMS and what information is
readily available to reporters that do not use CEMS to support
calculation methodologies; and
What monitoring requirements should be in place and what
methodologies are recommended for monitoring and QA/QC.
This section presents a broad overview of the comments received
regarding the request for comment on coke calcining.
The EPA received two comments on the addition of coke calcining as
a new source category to part 98. One commenter supported the addition
of the source category to provide consistent reporting of coke calciner
emissions, but suggested that the EPA allow petroleum refineries to
continue to report their coke calciner emissions in subpart Y to
minimize burden to current reporters. The other commenter suggested
that the new source category was unnecessary because coke calciner
emissions could be sufficiently reported under subpart C. Upon review
of these comments, the EPA is proposing to require reporting of coke
calciner emissions under subpart WW because this proposed approach
would provide a consistent and more accurate method of estimating
emissions from coke calciners than subpart C and would not
significantly alter the burden for existing reporters with coke
calciners collocated at petroleum refineries.
3. Proposed Definition of the Source Category
The proposed coke calciner source category consists of processes
that heat petroleum coke to high temperatures in the absence of air or
oxygen for the purpose of removing impurities or volatile substances in
the petroleum coke feedstock. The proposed coke calciner source
category includes, but is not limited to, rotary kilns or rotary hearth
furnaces used to calcine petroleum coke and any afterburner or other
equipment used to treat the process gas from the calciner. The proposed
source category would include all coke calciners, not just those
collocated at petroleum refineries, to provide consistent requirements
for all coke calciners.
4. Selection of Proposed Reporting Threshold
The EPA considered various options for reporting thresholds
including ``all-in'' (no threshold), as well as emissions-based
thresholds of 10,000 mtCO2e, 25,000 mtCO2e, and
100,000 mtCO2e. Table 5 of this preamble illustrates the
estimated process and combustion CO2 emissions, and
facilities, that would be covered nationally under each scenario.
Table 5--Threshold Analysis for Coke Calciners
----------------------------------------------------------------------------------------------------------------
Emissions covered Facilities covered
Threshold level (mtCO2e) ---------------------------------------------------------------
mtCO2e/yr Percent Number Percent
----------------------------------------------------------------------------------------------------------------
100,000......................................... 1,970,000 98.5 14 93
25,000.......................................... 2,000,000 100 15 100
10,000.......................................... 2,000,000 100 15 100
[[Page 32893]]
All-in (no threshold)........................... 2,000,000 100 15 100
----------------------------------------------------------------------------------------------------------------
Because coke calciners are large emission sources, they are
expected to emit over the 25,000 mtCO2e threshold generally
required to report under existing GHGRP subparts with thresholds, and
nearly all of them are also projected to exceed the 100,000
mtCO2e threshold. Therefore, the EPA projects that there are
limited differences in the number of reporting facilities based on any
of the emission thresholds considered. For this reason, the EPA is
proposing to include the coke calciner source category as an ``all-in''
subpart (i.e., regardless of their emissions profile), which would
avoid the need for facilities to calculate whether their emissions
exceed the threshold and the associated burden to do so, while
continuing to focus the Agency's efforts on collecting information from
facilities with larger total emissions.
5. Selection of Proposed Calculation Methods
Coke calciners primarily emit CO2, but also have
CH4 and N2O emissions as part of the process gas
combustion process. Subpart Y (Petroleum Refineries) includes two
directly applicable methods for estimating GHG (specifically
CO2) emissions from coke calciners. These are (1) the CEMS
method (using CO2 concentration and total volumetric flow
rate of the process vent gas to calculate emissions) and (2) the carbon
mass balance method [see equation Y-13 of 40 CFR 98.253(g)(2)]. In
subpart Y, if a qualified CEMS is in place, the CEMS must be used.
Otherwise, the facility can elect to install a CEMS or elect to use the
carbon mass balance method. Subpart Y also includes methods for
estimating CH4 and N2O emissions based on the
CO2 emissions.
To support this proposal, we conducted an updated review of
calculation methods applicable for coke calciners as documented in the
Revised Technical Support Document For Coke Calciners: Supplemental
Proposed Rule For The Greenhouse Gas Reporting Program, available in
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
Option 1. This approach directly measures emissions using a CEMS.
The CEMS would measure CO2 concentration and total exhaust
gas flow rate for the combined process and combustion source emissions.
CO2 mass emissions would be calculated from these measured
values using equation C-6 and, if necessary, equation C-7 in 40 CFR
98.33(a)(4).
Option 2. This approach is a carbon mass balance method using the
carbon content of the green and calcined coke. The methodology is the
same as current equation Y-13 of 40 CFR 98.253(g)(2) used for coke
calcining processes collocated at petroleum refineries.
Option 3. The methane in green coke method is based on use of a
fixed methane content in the coke of 0.035 mass fraction and uses mass
reduction in the quantity of coke fed to the process (corrected for
moisture, volatile, and sulfur content) and the quantity of coke
leaving the process (corrected for sulfur content). It is expected that
coke calcine operators could just as easily determine the carbon
content of the green and calcined coke and use the more direct carbon
balance method.
Option 4. The vapor combustion method relies on analysis of carbon
content of the gas stream inlet to the vapor combustion unit.
CO2 emissions are calculated assuming non-CO2
carbon is combusted and converted to CO2 at the efficiency
of the combustion system, and assuming 100 percent of the
CO2 in the inlet gas stream is emitted. The difficulty with
applying this method for coke calciners is collecting representative
samples of the process off-gas prior to the afterburner.
Option 5. The coke combustion method is based on the method that
some non-refinery facilities report emissions from coke calcining
operations under 40 CFR part 98, subpart C. This method can be applied
using either the default high heat values and emission factors in Table
C-1 to subpart C of part 98 for petroleum coke (Tier 1 or 2) or
measured carbon content of the green coke (Tier 3) and attribute the
mass reduction of coke as petroleum coke combusted. This method does
not correct for the fact that the volatile matter has a lower carbon
content than the green petroleum coke and so is likely to produce
CO2 emission estimates that are biased high.
Proposed option. Following this review, we maintain that the CEMS
(Option 1) and carbon mass balance methods (Option 2) are the most
accurate methods for determining CO2 emissions from coke
calciners. Several existing coke calciners currently operate a CEMS.
For those facilities that do not have a qualified CEMS in-place, the
carbon mass balance method provides an accurate approach for
determining CO2 emissions using data that is expected to be
routinely monitored by coke calcining facilities. Furthermore, using
these methods allows petroleum refineries with coke calciners to
maintain their calculation methods. Additional detail on the
calculation methods reviewed are available in, Revised Technical
Support Document For Coke Calciners: Supplemental Proposed Rule For The
Greenhouse Gas Reporting Program available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
We note that the CEMS method as implemented in subpart Y of part 98
requires reporters to determine CO2 emissions from auxiliary
fuel use discharged in the coke calciner exhaust stack using methods in
subpart C of part 98, and to subtract those emissions from the measured
CEMS emissions to determine the process CO2 emissions,
comparable to the emissions determined using the carbon mass balance
approach. We are proposing to retain this requirement and have the
auxiliary fuel-related emissions reported in subpart C. We are also
proposing to require reporters using the carbon mass balance approach
to also determine auxiliary fuel use in the coke calciner (and
afterburner) and estimate and report the CO2 emissions from
this fuel use in subpart C.
We are proposing that coke calciners also estimate process
CH4 and N2O emissions based on the total
CO2 emissions determined for the coke calciner and the ratio
of the default CO2 emission factor for petroleum coke in
Table C-1 to subpart C of part 98 to the default CH4 and
N2O emission factors for petroleum products in Table C-2 to
subpart C of part 98. The proposed approach is consistent with the
requirements for determining these GHG emissions for coke calciners in
subpart Y. We are proposing to include these GHG emissions in the new
coke
[[Page 32894]]
calcining subpart to fully account for GHG emissions from coke
calciners.
6. Selection of Proposed Monitoring, QA/QC, and Verification
Requirements
We are proposing two separate monitoring methods: direct
measurement and a mass balance emission calculation.
Proposed option for direct measurement using CEMS. The proposed
CEMS method requires both a continuous CO2 concentration
monitor and a continuous volumetric flow monitor. We are proposing
reporters required to or electing to use CEMS must install, operate,
and calibrate the monitoring system according to subpart C (General
Stationary Fuel Combustion Sources), which is consistent with CEMS
requirements in other GHGRP subparts. We are proposing that all
CO2 CEMS and flow rate monitors used for direct measurement
of GHG emissions should comply with QA/QC procedures for daily
calibration drift checks and quarterly or annual accuracy assessments,
such as those provided in Appendix F to part 60 or similar QA
procedures. We are proposing these requirements to ensure the quality
of the reported GHG emissions and to be consistent with the current
requirements for CEMS measurements within subparts A (General
Provisions) and C of the GHGRP.
Proposed option for mass balance calculation. The carbon mass
balance method requires monitoring of mass quantities of green coke fed
to the process, calcined coke leaving the process, and coke dust
removed from the process by dust collection systems. It also requires
periodic determination of carbon content of the green and calcined
coke. For coke mass measurements, we are proposing that the measurement
device be calibrated according to the procedures specified by the
updated Specifications, Tolerances, and Other Technical Requirements
For Weighing and Measuring Devices, NIST Handbook 44 (2022) or the
procedures specified by the manufacturer. We are proposing that the
measurement device be recalibrated either biennially or at the minimum
frequency specified by the manufacturer. We are proposing these
requirements to ensure the quality of the reported GHG emissions and to
be consistent with the current requirements for coke calciner mass
measurements within subpart Y.
For carbon content of coke measurements, we are proposing that the
owner or operator follow approved analytical procedures and maintain
and calibrate instruments used according to manufacturer's instructions
and to document the procedures used to ensure the accuracy of the
measurement devices used. We are proposing these requirements to ensure
the quality of the reported GHG emissions and to be consistent with the
current requirements for coke calciner mass measurements within subpart
Y.
We are proposing that these determinations be made monthly. Current
requirements in subpart Y do not specify a monitoring frequency, such
that only the annual mass of coke entering and leaving the process
needs to be determined. It is expected that facilities likely determine
these mass quantities on a daily or more frequent basis, so it would be
minimal burden for facilities to determine and record these quantities
monthly. Similarly, facilities are expected to regularly determine the
carbon content of the green coke feedstock, so determining and
reporting the monthly average carbon content of green and calcined coke
would require limited additional effort compared to determining and
reporting annual values. If carbon content measurements are made more
often than monthly, we are proposing that all measurements made within
the calendar month should be used to determine the average for the
month. Conducting the calculation monthly would improve accuracy
compared to annual or quarterly calculations. It also improves the
verification process for the reported data. Because we expect reporters
will have this data available on a monthly or more frequent basis, we
are proposing to require reporters to conduct the calculations monthly.
We solicit comment on whether quarterly averages for composition and
quantity data would adequately account for potential variations in
carbon content, production rates, and other factors that may affect the
estimated GHG emissions.
7. Selection of Proposed Procedures for Estimating Missing Data
Whenever a quality-assured value of a required parameter is
unavailable (e.g., if a CEMS malfunctions during unit operation or if a
required fuel sample is not taken), we are proposing that a substitute
data value for the missing parameter shall be used in the calculations.
For missing CEMS data, we are proposing that the missing data
procedures in subpart C be used. The subpart C missing data procedures
require the substitute data value to be the best available estimate of
the parameter, based on all available process data (e.g., electrical
load, steam production, operating hours, etc.). For each missing value
of mass or carbon content of coke, we are proposing that the average of
the data measurements before and after the missing data period be used
to calculate the emissions during the missing data period because this
is expected to provide the more accurate estimate for the missing
value. If, for a particular parameter, no quality-assured data are
available prior to the missing data incident, we are proposing that the
substitute data value should be the first quality-assured value
obtained after the missing data period. Similarly, if no quality-
assured data are available after the missing data incident, we are
proposing that the substitute data value should be the most recently
acquired quality-assured value obtained prior to the missing data
period. Missing data procedures are applicable for CEMS measurements
when using the CEMS method and for mass of coke measurements and carbon
content measurements of green and calcined coke when using the carbon
mass balance method. These missing data procedures were selected
because they are consistent with current GHGRP methods and because they
are expected to provide the most accurate values for the missing data.
8. Selection of Proposed Data Reporting Requirements
For coke calcining units, we are proposing that the owner and
operator shall report general information about the coke calciner (unit
ID number and maximum rated throughput of the unit), the method used to
calculate GHG emissions, and the calculated CO2,
CH4, and N2O annual emissions for each unit,
expressed in metric tons of each pollutant emitted. We are also
proposing to require the owner and operator to report the annual mass
of green coke fed to the coke calcining unit, the annual mass of
marketable petroleum coke produced by the coke calcining unit, the
annual mass of petroleum coke dust removed from the process through the
dust collection system of the coke calcining unit, the annual average
mass fraction carbon content of green coke fed to the unit, and the
annual average mass fraction carbon content of the marketable petroleum
coke produced by the coke calcining unit.
9. Selection of Proposed Records That Must Be Retained
We are proposing that facilities maintain records documenting the
procedures used to ensure the accuracy of the measurements of all
reported parameters, including but not limited to, calibration of
weighing equipment, flow meters, and other measurement devices. The
estimated accuracy of
[[Page 32895]]
measurements made with these devices must also be recorded, and the
technical basis for these estimates must be provided. We are proposing
these requirements based on the provisions in subpart A of part 98.
Maintaining records of information used to determine reported GHG
emissions is necessary to allow us to verify that GHG emissions
monitoring and calculations were done correctly.
For the coke calciners source category, we are proposing that the
verification software specified in 40 CFR 98.5(b) would be used to
fulfill the recordkeeping requirements for the following five data
elements:
Monthly mass of green coke fed to the coke calcining unit;
Monthly mass of marketable petroleum coke produced by the
coke calcining unit;
Monthly mass of petroleum coke dust removed from the
process through the dust collection system of the coke calcining unit;
Average monthly mass fraction carbon content of green coke
fed to the coke calcining unit; and
Average monthly mass fraction carbon content of marketable
petroleum coke produced by the coke calcining unit.
Maintaining records of information used to determine reported GHG
emissions is necessary to allow us to verify that GHG emissions
monitoring and calculations were done correctly.
C. Subpart XX--Calcium Carbide Production
1. Rationale for Inclusion in the GHGRP
For the reasons described in section II.B and the 2022 Data Quality
Improvements Proposal, consistent with its authority under the CAA, the
EPA is proposing to add a new subpart for facilities engaged in the
manufacturing of calcium carbide to quantify and report GHG emissions
from their processes and from fuel combustion. Calcium carbide
production is currently identified as a potential source of GHG
emissions in the IPCC 2006 Guidelines.\55\ Although we are aware of at
least one active calcium carbide production facility in the United
States, emissions from calcium carbide production are currently not
explicitly accounted for in the GHGRP. The one current producer of
calcium carbide in the United States is Carbide Industries, LLC,
located in Louisville, KY. Carbide Industries, LLC currently reports
their process GHG emissions under subpart K of part 98 (Ferroalloy
Production) (e-GGRT identifier 1005537), although there is no
requirement for them to report under subpart K because they do not meet
the definition of the subpart. They also report combustion emissions
under subpart C of part 98 (General Stationary Fuel Combustion
Sources), which includes CO2 emissions from an acetylene
flare and other combustion sources. Because the subpart K calculation
methodology is not intended for calcium carbide production processes,
we anticipate that the emissions as estimated under this methodology do
not accurately account for the CO2 emissions from the
calcium carbide process.
---------------------------------------------------------------------------
\55\ IPCC Guidelines for National Greenhouse Gas Inventories,
Volume 3, Industrial Processes and Product Use, Mineral Industry
Emissions. 2006. www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/3_Volume3/V3_2_Ch2_Mineral_Industry.pdf.
---------------------------------------------------------------------------
Therefore, we are proposing the addition of a calcium carbide
production source category to the GHGRP to better align with
intergovernmental approaches to estimating emissions and to provide
more accurate applicability requirements and emissions estimation
methodologies for these types of facilities. Further, the proposed
requirements would improve the completeness of the data collected under
the GHGRP, add to the EPA's understanding of the GHG emissions from
these sources, and better inform future EPA policy under the CAA. Once
collected, such data would also be available to and improve on the
estimates provided in the Inventory, by incorporating the
recommendations of the 2006 IPCC guidelines.
2. Public Comments Received in Request for Comment
In section IV.C of the 2022 Data Quality Improvements Proposal, the
EPA requested comment on the addition of calcium carbide production as
a new subpart to part 98. The request for comment covered the following
topics:
Whether the EPA should add a source category related to
calcium carbide production;
Information related to the source category definition,
including information to contextualize potential reporters and, where
acetylene production from calcium carbide occurs at the same facility,
whether the EPA should account for emissions from these sources;
Information on how emissions could be estimated at a
facility-level based on methods available in the 2006 IPCC guidelines;
What monitoring requirements should be in place; and
What reporting requirements should be in place that would
help to support emissions estimates.
This section presents a broad overview of the comments received
regarding the request for comment on calcium carbide production.
We received one comment on the addition of a source category for
calcium carbide production, stating that the addition was unnecessary.
The commenter noted that the EPA already receives emissions data from
the one U.S. calcium carbide production facility that voluntarily
reports to part 98 under existing subpart K (Ferroalloy Production),
and therefore a new source category is redundant. The EPA is proposing
the addition of a new source category for calcium carbide production to
provide accurate applicability requirements, require data specific to
the calcium carbide industry, and better align with international
emissions evaluations. In considering the comment, we think this
proposal is appropriate in part because we have assessed that it is
technically inconsistent with our regulations for a calcium carbide
facility to voluntarily report under subpart K. Receiving data for a
facility that does not align with the source category of subpart K
presents potential data quality issues for the EPA that would be
addressed under the proposed new subpart. Additionally, as discussed in
the June 21, 2022 proposed rule, the data we would receive from these
sources would better align the data collected under GHGRP with the 2006
IPCC Guidelines.
We received one comment on the potential calculation methodology
for the calcium carbide production source category, stating that the
adjustment factor within the carbon consumption method should be
changed from 0.33 (for 100 percent pure calcium carbide) to 0.28,
because commercial calcium carbide is not a pure product. As discussed
in section IV.C.5 of this preamble, the EPA is requesting additional
information regarding the purity level of commercial calcium carbide.
3. Proposed Definition of the Source Category
We propose defining calcium carbide production to include any
process that produces calcium carbide. Calcium carbide is an industrial
chemical manufactured from lime (CaO) and carbon, usually petroleum
coke, by heating the mixture to 2,000 to 2,100 [deg]C (3,632 to 3,812
[deg]F) in an electric arc furnace. During the production of calcium
carbide, the use of carbon-
[[Page 32896]]
containing raw materials (petroleum coke) results in emissions of
CO2.
The largest application of calcium carbide is producing acetylene
(C2H2) by reacting calcium carbide with water.
The production of acetylene from calcium carbide results in the
emissions of CO2. Although we considered accounting for
emissions from the production of acetylene at calcium carbide
facilities in the 2022 Data Quality Improvements Proposal, we
determined that acetylene is not produced at the one known plant that
produces calcium carbide. Therefore, we are not proposing that
CO2 emissions from the production of acetylene from calcium
carbide be reported under proposed subpart XX. Additional background
information about GHG emissions from the calcium carbide production
source category is available in the Revised Technical Support Document
for Calcium Carbide: Supplemental Proposed Rule For The Greenhouse Gas
Reporting Program, available in the docket for this rulemaking (Docket
Id. No. EPA-HQ-OAR-2019-0424).
4. Selection of Proposed Reporting Threshold
In developing the reporting threshold for calcium carbide
production, we considered emissions-based thresholds of 10,000
mtCO2e, 25,000 mtCO2e and 100,000
mtCO2e. Requiring all facilities to report (no threshold)
was also considered. Process emissions for 2020 from the one calcium
carbide production facility were estimated to be 41,244
mtCO2e/yr. Including their reported combustion emissions,
total emissions in 2020 were 46,878 mtCO2e. Table 6 of this
preamble illustrates the emissions and facilities that would be covered
under these various thresholds.
Table 6--Threshold Analysis for Calcium Carbide Production
----------------------------------------------------------------------------------------------------------------
Emissions covered Facilities covered
Threshold level (mtCO2e) ---------------------------------------------------------------
mtCO2e/yr Percent Number Percent
----------------------------------------------------------------------------------------------------------------
100,000......................................... 0 0 0 0
25,000.......................................... 46,878 100 1 100
10,000.......................................... 46,878 100 1 100
All-in (no threshold)........................... 46,878 100 1 100
----------------------------------------------------------------------------------------------------------------
Following our analysis, we are proposing that all calcium carbide
manufacturing facilities be required to report under the GHGRP. The
current estimate of emissions from the known facility exceeds 25,000
mtCO2e by a factor of about 1.9. Therefore, in order to
simplify the rule and avoid the need for the facility to calculate and
report whether the facility exceeds the threshold value, we propose
that all facilities report in this source category. Requiring all
facilities to report captures 100 percent of emissions, and small
temporary changes to the facility would not affect reporting
requirements.
For a full discussion of the threshold analysis, please refer to
the Revised Technical Support Document for Calcium Carbide:
Supplemental Proposed Rule For The Greenhouse Gas Reporting Program,
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-
2019-0424).
5. Selection of Proposed Calculation Methods
We are proposing to require facilities to report the process
CO2 emissions from each calcium carbide process unit or
furnace used for production of calcium carbide. We reviewed existing
methodologies for estimating process related GHG emissions including
those of the 2006 IPCC Guidelines for National Greenhouse
Inventories,\56\ the European Union,\57\ Canada's Greenhouse
Quantification Requirements,\58\ and the EPA's GHGRP. The methodologies
reviewed are detailed in the Revised Technical Support Document for
Calcium Carbide: Supplemental Proposed Rule For The Greenhouse Gas
Reporting Program (available in the docket for this rulemaking, Docket
Id. No. EPA-HQ-OAR-2019-0424), and generally fall into one of the
following options.
---------------------------------------------------------------------------
\56\ IPCC Guidelines for National Greenhouse Gas Inventories,
Volume 3, Industrial Processes and Product Use, Mineral Industry
Emissions. 2006. https://www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/3_Volume3/V3_2_Ch2_Mineral_Industry.pdf.
\57\ European Union (EU). Commission Implementing Regulation
(EU) 2018/2066 of 19 December 2018 on the Monitoring and Reporting
of Greenhouse Gas Emissions Pursuant to Directive 2003/87/EC of the
European Parliament and of the Council and Amending Commission
Regulation (EU) No. 601/2012. January 1, 2021. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02018R2066-20210101&from=EN.
\58\ Environment and Climate Change Canada (ECCC). Canada's
Greenhouse Gas Quantification Requirements. Version 4.0. December
2020. Available at: http://publications.gc.ca/collections/collection_2021/eccc/En81-28-2020-eng.pdf.
---------------------------------------------------------------------------
Option 1. Apply a default emission factor to calcium carbide
output, or production. Generally, this method is less accurate as it
involves multiplying production data by an emission factor that is
likely a default value based on carbon content (i.e., percentage of
petroleum coke content that is carbon) assumptions. This method
involves multiplying the amount of calcium carbide produced by the
appropriate default emission factor from the 2006 IPCC Guidelines. This
method would not account for facility-specific variances of process
inputs or outputs.
While we included an adjustment factor of 0.33 in the carbon
consumption method provided in the Revised Technical Support Document
for Calcium Carbide: Supplemental Proposed Rule For The Greenhouse Gas
Reporting Program (available in the docket for this rulemaking, Docket
Id. No. EPA-HQ-OAR-2019-0424), a factor of 0.28 was suggested by one
commenter. The EPA is requesting additional information regarding the
purity level of commercial calcium carbide and data supporting the
suggested factor of 0.28.
Option 2. The carbon balance option, which is the IPCC Tier 3
approach, is generally more accurate as it involves measuring the
consumption of specific process inputs and process outputs and the
amounts of these materials consumed or produced. This method requires
that the carbon content and the mass of carbonaceous materials input to
and output from the process be determined. Carbon contents of materials
are determined through the analysis of samples of the material or from
information provided by the material suppliers. Also, the quantities of
these materials consumed and produced during production would be
measured and recorded. CO2 emissions are estimated by
multiplying the carbon content of each input and output material by the
corresponding mass. The difference between the calculated total
[[Page 32897]]
carbon input and the total carbon output is the estimated
CO2 emissions.
Option 3. Direct measurement of using CEMS. For configurations in
which the process off-gases are contained within a stack or vent,
direct measurement of the CO2 emissions can be made by
continuously measuring the off-gas stream CO2 concentration
and flow rate using a CEMS. Using a CEMS, the total CO2
emissions tabulated from the recorded emissions measurement data would
be reported annually.
Proposed option. We are proposing two different methods for
quantifying GHG emissions from calcium carbide manufacturing, depending
on current emissions monitoring at the facility. Under the proposed
rule, if a qualified CEMS is in place, the CEMS must be used.
Otherwise, under the proposed rule, the facility can elect to either
install a CEMS or elect to use the carbon mass balance method.
CEMS method (Option 3). Under the proposed rule, facilities with an
existing CEMS that meet the requirements outlined in 40 CFR part 98,
subpart C would be required to use CEMS to estimate combined process
and combustion CO2 emissions. Facilities would be required
to follow the requirements of 40 CFR part 98, subpart C to estimate all
CO2 emissions from the industrial source. Facilities would
be required to follow 40 CFR part 98, subpart C to estimate emissions
of CO2, CH4, and N2O from stationary
combustion.
Carbon balance method (Option 2). For facilities that do not have
CEMS that meet the requirements of 40 CFR part 98 subpart C, the
proposed monitoring method is Option 2, the carbon balance method. For
any stationary combustion units included at the facility, facilities
would be required to follow the existing requirements at 40 CFR part
98, subpart C to estimate emissions of CO2, CH4,
and N2O from stationary combustion.
Use of facility specific information under Option 2 is consistent
with IPCC Tier 3 methods and is the preferred method for estimating
emissions for other GHGRP sectors. Any additional burden associated
with material measurement required for the carbon balance would be
small in relation to the increased accuracy expected from using this
site-specific information. Among the non-CEMS options, we are proposing
Option 2 because it has the lowest uncertainty.
6. Selection of Proposed Monitoring, QA/QC, and Verification
Requirements
We are proposing two separate monitoring methods: direct
measurement and a mass balance emission calculation.
Proposed option for direct measurement using CEMS. For facilities
where process emissions and/or combustion GHG emissions are contained
within a stack or vent, facilities can take direct measurement of the
GHG concentration in the stack gas and the flow rate of the stack gas
using a CEMS. Under the proposed rule, if facilities use an existing
CEMS to meet the monitoring requirements, they would be required to use
CEMS to estimate CO2 emissions. Where the CEMS capture all
combustion- and process-related CO2 emissions, facilities
would be required to follow the requirements of 40 CFR part 98, subpart
C to estimate emissions.
A CEMS continuously withdraws and analyzes a sample of the stack
gas and continuously measures the GHG concentration and flow rate of
the total exhaust stack gas. The emissions are calculated from the
CO2 concentration and the flow rate of the stack gas. The
proposed CEMS method requires both a continuous CO2
concentration monitor and a continuous volumetric flow monitor. To
qualify as a CEMS, the monitors would be required to be installed,
operated, and calibrated according to subpart C (General Stationary
Fuel Combustion Sources) of the GHGRP (40 CFR 98.33(a)(4)), which is
consistent with CEMS requirements in other GHGRP subparts.
Proposed option for mass balance calculation. For facilities using
the carbon mass balance method, we are proposing that the facility must
determine the annual mass for each material used for the calculations
of annual process CO2 emissions by summing the monthly mass
for the material determined for each month of the calendar year. The
monthly mass may be determined using plant instruments used for
accounting purposes, including either direct measurement of the
quantity of the material placed in the unit or by calculations using
process operating information.
For the carbon content of the materials used to calculate process
CO2 emissions, we are proposing that the owner or operator
determine the carbon content using material supplier information or
collect and analyze at least three representative samples of the
material inputs and outputs each year. The proposed rule would require
the carbon content be analyzed at least annually using standard ASTM
methods, including their QA/QC procedures. To reduce burden, we are
proposing that if a specific process input or output contributes less
than one percent of the total mass of carbon into or out of the
process, you do not have to determine the monthly mass or annual carbon
content of that input or output.
7. Selection of Proposed Procedures for Estimating Missing Data
We are proposing the use of substitute data whenever a quality-
assured value of a parameter is used to calculate emission is
unavailable, or ``missing.'' If the carbon content analysis of carbon
inputs or outputs is missing, we are proposing the substitute data
value would be based on collected and analyzed representative samples
for average carbon contents. If the monthly mass of carbon-containing
inputs and outputs is missing, we are proposing the substitute data
value would be based on the best available estimate of the mass of the
inputs and outputs from all available process data or data used for
accounting purposes, such as purchase records. The likelihood for
missing process input or output data is low, as businesses closely
track their purchase of production inputs. These missing data
procedures are the same as those for the ferroalloy production source
category, subpart K of part 98, under which the existing U.S. calcium
carbide production facility currently reports.
8. Selection of Proposed Data Reporting Requirements
We propose that each carbon carbide production facility report the
annual CO2 emissions from each calcium carbide production
process, as well as any stationary fuel combustion emissions. In
addition, we propose that additional information that forms the basis
of the emissions estimates, along with supplemental data, also be
reported so that we can understand and verify the reported emissions.
All calcium carbide production facilities would be required to report
their annual production and production capacity, total number of
calcium carbide production process units, annual consumption of
petroleum coke, each end use of any calcium carbide produced and sent
off site, and, if the facility produces acetylene, the annual
production of acetylene, the quantity of calcium carbide used for
acetylene production at the facility, and the end use of the acetylene
produced on-site. We propose reporting the end use of calcium carbide
sent off site, as well as acetylene production information for current
or future calcium carbide production facilities, to inform future
Agency policy under the CAA. Collection of this information would
[[Page 32898]]
also better synchronize use of the GHGRP data in Inventory reporting
based on the 2006 IPCC Guidelines. While the only known calcium carbide
facility does not currently produce acetylene on site, it is possible
that this facility or other facilities would do so in the future. If a
facility uses CEMS to measure their CO2 emissions, they
would be required to also report the identification number of each
process unit. If a CEMS is not used to measure CO2
emissions, the facility would also report the method used to determine
the carbon content of each material for each process unit, how missing
data were determined, and the number of months missing data procedures
were used.
9. Selection of Proposed Records That Must Be Retained
Maintaining records of information used to determine reported GHG
emissions is necessary to allow us to verify that GHG emissions
monitoring and calculations were done correctly. If a facility uses a
CEMS to measure their CO2 emissions, they would be required
to record the monthly calcium carbide production from each process unit
and the number of monthly and annual operating hours for each process
unit. If a CEMS is not used, the facility would be required to retain
records of monthly production, monthly and annual operating hours,
monthly quantities of each material consumed or produced, and carbon
content determinations.
We are proposing that the owner or operator maintain records of how
measurements are made including measurements of quantities of materials
used or produced and the carbon content of process input and output
materials. The procedures for ensuring accuracy of measurement methods,
including calibration, would be recorded.
The proposed rule would also require the retention of a record of
the file generated by the verification software specified in 40 CFR
98.5(b) including:
carbon content (percent by weight expressed as a decimal
fraction) of the reducing agent (petroleum coke), carbon electrode,
product produced, and non-product outgoing materials; and
annual mass (tons) of the reducing agent (petroleum coke),
carbon electrode, product produced, and non-product outgoing materials.
Maintaining records of information used to determine reported GHG
emissions is necessary to allow us to verify that GHG emissions
monitoring and calculations were done correctly.
D. Subpart YY--Caprolactam, Glyoxal, and Glyoxylic Acid Production
1. Rationale for Inclusion in the GHGRP
For the reasons described in section II.B and the 2022 Data Quality
Improvements Proposal, the EPA is proposing to add a new subpart,
subpart YY of part 98 (Caprolactam, Glyoxal, and Glyoxylic Acid
Production). Caprolactam, glyoxal, and glyoxylic acid production
facilities are identified as a potential important source of GHG
emissions, specifically N2O, in the IPCC 2006
Guidelines,\59\ which provides limited methodologies for calculating
emissions from these sources. There are approximately two caprolactam
facilities operating in the United States, and likely two to four
facilities that produce glyoxal and glyoxylic acid. However, the
emissions from these caprolactam, glyoxal, and glyoxylic production
operations are currently not explicitly accounted for in the GHGRP.
Currently, two caprolactam production facilities only report combustion
emissions under subpart C (General Stationary Fuel Combustion Sources).
---------------------------------------------------------------------------
\59\ IPCC 2006. IPCC Guidelines for National Greenhouse Gas
Inventories, Volume 3, Industrial Processes and Product Use. Chapter
3, Chemical Industry Emissions. 2006. www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/3_Volume3/V3_3_Ch3_Chemical_Industry.pdf.
---------------------------------------------------------------------------
Therefore, we are proposing the addition of a new source category
to the GHGRP for caprolactam, glyoxal, and glyoxylic acid production
sources consistent with our authority under the CAA to better align
with intergovernmental guidance on emissions estimation and to provide
clear applicability requirements and emissions estimation methodologies
for these types of facilities. This new subpart would improve the
completeness of the data collected under the GHGRP, add to the EPA's
understanding of the GHG emissions from these sources, and better
inform future EPA policy under the CAA. Once collected, such data would
also be available to and improve on the estimates provided in the
Inventory, by incorporating the recommendations of the 2006 IPCC
guidelines. Grouping these three organic compounds together into one
source category for GHGRP purposes would be reasonable because the 2006
IPCC guidelines methodology for estimating GHG emissions from the
production of these compounds does the same.
We are requesting comment on the level of production of glyoxal and
glyoxylic acid in the United States and whether production of glyoxal
and glyoxylic acid are expected to increase in the future.
2. Public Comments Received in Request for Comment
In section IV.D of the 2022 Data Quality Improvements Proposal, the
EPA requested comment on the addition of caprolactam, glyoxal, and
glyoxylic acid production as a new subpart to part 98. The request for
comment covered the following topics:
Whether the EPA should add a source category;
Information related to source category definitions,
calculation methodologies, and reporting requirements;
Whether there are any glyoxal and/or glyoxylic acid
production facilities currently operating in the United States;
Whether facilities have installed abatement equipment;
Which information or inputs for each calculation
methodology is readily available;
Information on the mechanisms that generate CO2
emissions from glyoxal and glyoxylic acid production;
Available monitoring methodologies and quality assurance
procedures that should be used; and
Data that are readily available for reporting that would
help to support emissions estimates.
We received no comments on the addition of a source category
related to caprolactam, glyoxal, and glyoxylic acid production. For the
reasons described in section IV.D.1 of this preamble, we are proposing
to add new subpart YY for caprolactam, glyoxal, and glyoxylic acid
production based on additional information gathered by the Agency
following the publication of the 2022 Data Quality Improvements
Proposal. The definitions, thresholds, and requirements for the
proposed subpart are outlined in sections IV.D.2 through IV.D.9 of this
preamble.
3. Proposed Definition of the Source Category
Caprolactam is a crystalline solid organic compound with a wide
variety of uses, including brush bristles, textile stiffeners, film
coatings, synthetic leather, plastics, plasticizers, paint vehicles,
cross-linking for polyurethanes, and in the synthesis of lysine.
Caprolactam is primarily used in the manufacture of synthetic fibers,
especially Nylon 6.
[[Page 32899]]
Glyoxal is a solid organic compound with a wide variety of uses,
including as a crosslinking agent in various polymers for paper
coatings, textile finishes, adhesives, leather tanning, cosmetics, and
oil-drilling fluids; as a sulfur scavenger in natural gas sweetening
processes; as a biocide in water treatment; to improve moisture
resistance in wood treatment; and as a chemical intermediate in the
production of pharmaceuticals, dyestuffs, glyoxylic acid, and other
chemicals. It is also used as a less toxic substitute for formaldehyde
in some applications (e.g., in wood adhesives and embalming fluids).
Glyoxylic acid is a solid organic compound exclusively produced by
the oxidation of glyoxal with nitric acid. It is used mainly in the
synthesis of vanillin, allantoin, and several antibiotics like
amoxicillin, ampicillin, and the fungicide azoxystrobin.
We are proposing that the caprolactam, glyoxal, and glyoxylic acid
production source category would include any facility that produces
caprolactam, glyoxal, or glyoxylic acid. We are also proposing that the
source category would exclude the production of glyoxal through the
LaPorte process (i.e., the gas-phase catalytic oxidation of ethylene
glycol with air in the presence of a silver or copper catalyst). The
LaPorte process does not emit N2O and there are no methods
for estimating CO2 in available literature.
4. Selection of Proposed Reporting Threshold
The total process emissions from current production of caprolactam,
glyoxal, and glyoxylic acid are estimated at 1.2 million
mtCO2e. Most of the emissions are from the two known
caprolactam production facilities. There are approximately two to four
facilities that produce glyoxal and glyoxylic acid. Therefore, the
known universe of facilities that produce caprolactam, glyoxal, and
glyoxylic acid in the United States is four to six total
facilities.\60\
---------------------------------------------------------------------------
\60\ See Revised Technical Support Document For Caprolactam,
Glyoxal, and Glyoxylic Acid Production: Supplemental Proposed Rule
For The Greenhouse Gas Reporting Program available in the docket for
this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
---------------------------------------------------------------------------
In developing the reporting threshold for caprolactam, glyoxal, and
glyoxylic acid production, we considered both an ``all-in'' (no
threshold) and emissions-based thresholds of 10,000 mtCO2e,
25,000 mtCO2e, and 100,000 mtCO2e. Table 7 of
this preamble illustrates the emissions and facilities that would be
covered under these various thresholds.
Table 7--Threshold Analysis for Caprolactam, Glyoxal, and Glyoxylic Acid Production
----------------------------------------------------------------------------------------------------------------
Emissions covered Facilities covered
---------------------------------------------------------------
Threshold level (mtCO2e) mtCO2e/yr
(million) Percent Number Percent
----------------------------------------------------------------------------------------------------------------
100,000......................................... 0 0 0 0
25,000.......................................... 1.2 99.6 3 50
10,000.......................................... 1.2 99.6 3 50
All-in (no threshold)........................... 1.2 100 6 100
----------------------------------------------------------------------------------------------------------------
Table 7 of this preamble illustrates that there is a small
difference in the total emissions that would be covered but a larger
difference in the number of facilities that would be covered, depending
on the threshold chosen. All thresholds except 100,000
mtCO2e ensure that both of the known caprolactam facilities
are covered by this subpart. However, using a threshold of 10,000
mtCO2e or 25,000 mtCO2e would exclude three of
the four facilities that potentially produce glyoxal and glyoxylic
acid. Adding caprolactam, glyoxal, and glyoxylic acid production as an
``all-in'' subpart (i.e., regardless of their emissions profile) is a
conservative approach to gather information from as many facilities
that produce caprolactam, glyoxal, and glyoxylic acid as possible,
especially if production of glyoxal and glyoxylic acid increase in the
near future. Defining this source category as an ``all-in'' subpart
also accounts for the uncertainty in the data and assumptions used in
the initial emissions analysis for glyoxal and glyoxylic acid. The
CO2 emissions from glyoxal production (1,500 mt
CO2e) were estimated based on nationwide production data of
50 million pounds from 2011,\61\ relied on literature estimates to
determine the yield of glyoxal, and assumed that all hydrocarbon
feedstock that is not converted to glyoxal is converted to
CO2. The N2O emissions from glyoxylic acid
production were estimated as zero based on nationwide data from
2015.\62\
---------------------------------------------------------------------------
\61\ Compilation of data submitted under the Toxic Substances
Control Act (TSCA) in 2011. Accessed April 2021. Available at
https://chemview.epa.gov/chemview.
\62\ Compilation of data submitted under TSCA in 2015. Accessed
April 2021. Available at https://chemview.epa.gov/chemview.
---------------------------------------------------------------------------
Collecting data from all caprolactam, glyoxal, and glyoxylic acid
facilities would help the EPA better understand the current level of
production of each chemical and how accurate the literature estimates
are at the facility level. Further details on the estimated emissions
from facilities that produce caprolactam, glyoxal, and glyoxylic acid
are available in, Revised Technical Support Document For Caprolactam,
Glyoxal, and Glyoxylic Acid Production: Supplemental Proposed Rule For
The Greenhouse Gas Reporting Program, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
5. Selection of Proposed Calculation Methods
The ammonia oxidation step of caprolactam production results in
emissions of N2O, and the ammonium carbonate step results in
insignificant emissions of CO2. Therefore, only
N2O process emissions are estimated from caprolactam
production.
The liquid-phase oxidation of acetaldehyde with nitric acid to
produce glyoxal emits both N2O and CO2, but
available methods for estimating emissions address only the
N2O. The LaPorte process for producing glyoxal generates
CO2 emissions but there are no methods for estimating such
emissions. Therefore, only N2O process emissions are
estimated from glyoxal production.
Glyoxylic acid is produced by the oxidation of glyoxal with nitric
acid. A considerable amount of the glyoxal is overoxidized to oxalic
acid, and N2O is created through this secondary reaction.
Only N2O process emissions are estimated from glyoxylic acid
production.
[[Page 32900]]
Combustion emissions at facilities that produce caprolactam,
glyoxal, and glyoxylic acid are expected to include CO2,
CH4, and N2O.
We reviewed two methods from the 2006 IPCC Guidelines \63\ for
calculating N2O emissions from the production of
caprolactam, glyoxal, and glyoxylic acid, as summarized in this section
of the preamble. Additional detail on the calculation methods reviewed
are available in the Revised Technical Support Document For
Caprolactam, Glyoxal, and Glyoxylic Acid Production: Supplemental
Proposed Rule For The Greenhouse Gas Reporting Program, available in
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
---------------------------------------------------------------------------
\63\ IPCC 2006. IPCC Guidelines for National Greenhouse Gas
Inventories, Volume 3, Industrial Processes and Product Use. Chapter
3, Chemical Industry Emissions. 2006. www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/3_Volume3/V3_3_Ch3_Chemical_Industry.pdf.
---------------------------------------------------------------------------
Option 1 for calculating N2O emissions. Following the
Tier 2 approach established by the IPCC, apply default N2O
generation factors on a site-specific basis. This option requires raw
material input to be known in addition to a standard N2O
generation factor, which differs for each of the three chemicals. In
addition, Tier 2 requires site-specific knowledge of the use of
N2O control technologies. The volume or mass of each product
would be measured with a flow meter or weigh scales. The process-
related N2O emissions are estimated by multiplying the
generation factor by the production and the destruction efficiency of
any N2O control technology.
Option 2 for calculating N2O emissions. Follow the Tier 3 approach
established by IPCC using periodic direct monitoring of N2O emissions
to determine the relationship between production and the amount of
N2O emissions, i.e., develop a site-specific emissions
factor. The site-specific N2O emission factor would be
determined from an annual measurement or a single annual stack test.
The site-specific emissions factor developed from this test and
production rate (activity level) are used to calculate N2O
emissions. After the initial test, annual testing of N2O
emissions would be required to estimate the N2O emission
factor. The new factor would then be applied to production to estimate
N2O emissions.
Proposed Option for calculating N2O emissions. We are proposing
Option 1 (IPCC Tier 2 approach) to quantify N2O process
emissions from caprolactam, glyoxal, and glyoxylic acid production
facilities. Option 1 is already being used in the Inventory for
caprolactam production and the method is also directly applicable to
glyoxal and glyoxylic acid production. Synergy would be gained from
using the same methodology for both programs.
For any stationary combustion units included at the facility,
facilities would be required to follow the existing requirements in 40
CFR part 98, subpart C to calculate emissions of CO2,
CH4 and N2O from stationary combustion.
6. Selection of Proposed Monitoring, QA/QC, and Verification
Requirements
The proposed monitoring required to comply with the N2O
calculation methodologies for reporters that produce caprolactam,
glyoxal, and glyoxylic acid are to determine the monthly and annual
production quantities of each chemical and to determine the
N2O destruction efficiency of any N2O abatement
technologies in use. The EPA considered two options for determination
of production quantities:
Option 1 for production quantities. Use direct measurement of
production quantities for all three chemicals. This option is
consistent with existing GHGRP subparts but could be burdensome to
require a specific measurement method.
Option 2 for production quantities. Use existing plant procedures
used for accounting purposes to determine production quantities for all
three chemicals. This option is also consistent with existing GHGRP
subparts and would not impose additional burden to applicable
facilities.
Proposed option for production quantities. We are proposing to
allow either direct measurement of production quantities or existing
plant procedures to determine production quantities. This option
requires one of the following from reporters: maintain documentation of
the procedures used to ensure the accuracy of the measurements of all
reported parameters and the estimated accuracy of the measurements made
with these devices, or maintain documentation of how accounting
procedures were used to determine production. Allowing reporters to use
either method for determining production quantities provides
flexibility to reporters and is consistent with existing part 98
subparts.
The EPA considered two options for determination of the
N2O destruction efficiency:
Option 1 for control device destruction efficiency. Estimate the
destruction efficiency for each N2O abatement technology.
This can be determined by using the N2O control device's
manufacturer-specified destruction efficiency or estimating the
destruction efficiency through process knowledge.
Option 2 for control device destruction efficiency. Use a default
N2O destruction efficiency according to the 2006 IPCC
guidelines.\64\ The IPCC default is 80 percent for glyoxal and
glyoxylic acid if the facility is known to have abatement and 0 percent
if no abatement. The IPCC default is 0 percent for caprolactam.
---------------------------------------------------------------------------
\64\ Id.
---------------------------------------------------------------------------
Proposed option for control device destruction efficiency. We are
proposing to require reporters to estimate the destruction efficiency
for each N2O abatement technology because this option is
more accurate than using a default destruction efficiency. The
destruction efficiency can be determined by using the manufacturer's
specific destruction efficiency or estimating the destruction
efficiency through process knowledge. Documentation of how process
knowledge was used to estimate the destruction efficiency is required
if reporters choose that option. Examples of information that could
constitute process knowledge include calculations based on material
balances, process stoichiometry, or previous test results provided that
the results are still relevant to the current vent stream conditions.
For the caprolactam, glyoxal, and glyoxylic acid production
subpart, we are proposing to require reporters to perform all
applicable flow meter calibration and accuracy requirements and
maintain documentation as specified in 40 CFR 98.3(i).
7. Selection of Proposed Procedures for Estimating Missing Data
For caprolactam, glyoxal, and glyoxylic acid production, we are
proposing that substitute data would be the best available estimate
based on all available process data or data used for accounting
purposes (such as sales records). For the control device destruction
efficiency, assuming that the control device operation is generally
consistent from year to year, we are proposing the substitute data
value would be the most recent quality-assured value.
8. Selection of Proposed Data Reporting Requirements
We are proposing that facilities report annual N2O
emissions (in metric tons) from each production line. In addition, we
are proposing that facilities submit the following data to understand
the emissions data and verify the
[[Page 32901]]
reasonableness of the reported emissions: number of process lines;
annual production capacity; annual production; number of operating
hours in the calendar year for each process line; abatement technology
used and installation dates (if applicable); abatement utilization
factor; number of times in the reporting year that missing data
procedures were followed to measure production quantities of
caprolactam, glyoxal, or glyoxylic acid (months); and overall percent
N2O reduction for each chemical.
Capacity, production, and operating hours would be helpful in
determining the potential for growth in the subpart. Under the proposed
rule, the production rate can be determined through sales records or by
direct measurement using flow meters or weigh scales.
A list of abatement technologies would be helpful in assessing how
widespread the use of abatement is in this subpart, cataloging any new
technologies that are being used, and documenting the amount of time
that the abatement technologies are being used.
9. Selection of Proposed Records That Must Be Retained
We are proposing that facilities maintain records documenting the
procedures used to ensure the accuracy of the measurements of all
reported parameters, including but not limited to, calibration of
weighing equipment, flow meters, and other measurement devices. The
estimated accuracy of measurements made with these devices would also
be required to be recorded, and the technical basis for these estimates
would be required to be provided. We are also proposing that facilities
maintain records documenting the estimate of production rate and
abatement technology destruction efficiency through accounting
procedures and process knowledge, respectively.
The proposed rule would also require the retention of a record of
the file generated by the verification software specified in 40 CFR
98.5(b) including:
Monthly production quantities of caprolactam from all
process lines;
Monthly production quantities of glyoxal from all process
lines; and
Monthly production quantities of glyoxylic acid from all
process lines.
Maintaining records of information used to determine reported GHG
emissions is necessary to allow us to verify that GHG emissions
monitoring and calculations were done correctly.
E. Subpart ZZ--Ceramics Production
1. Rationale for Inclusion in the GHGRP
For the reasons described in section II.B and the 2022 Data Quality
Improvements Proposal, consistent with its authority under the CAA, the
EPA is proposing to add a new subpart, subpart ZZ of part 98 (Ceramics
Production), for facilities engaged in the manufacturing of ceramics to
quantify and report GHG emissions from their processes and from fuel
combustion. Ceramics manufacturing facilities are identified in the
IPCC 2006 Guidelines as a source of CO2 emissions based on
the calcination process, which incorporates raw carbonates such as
clay, shale, limestone, and dolomite, and as a source of
CO2, CH4, and N2O emissions from
combustion in kilns, dryers, and other sources.\65\ Although there are
currently a large number of ceramics manufacturing facilities operating
in the United States, emissions from these operations are not
explicitly accounted for in the GHGRP. While it was originally
anticipated that some of these ceramic production facilities would be
required to report under subpart U of part 98 (Miscellaneous Uses of
Carbonate), there are no such facilities currently reporting under this
subpart, likely because they do not meet the applicability requirements
of subpart U due to the use of carbonates contained in clay rather than
pure carbonates. Currently, only 16 ceramics facilities report under
part 98, and these facilities only report combustion emissions under
subpart C (General Stationary Fuel Combustion Sources). As such, we
have determined that emissions from ceramics manufacturing are likely
not appropriately captured in the GHGRP.
---------------------------------------------------------------------------
\65\ IPCC Guidelines for National Greenhouse Gas Inventories,
Volume 3, Industrial Processes and Product Use, Mineral Industry
Emissions. 2006. www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/3_Volume3/V3_2_Ch2_Mineral_Industry.pdf.
---------------------------------------------------------------------------
For these reasons, we are proposing the addition of a new source
category for ceramics manufacturing to better align with the guidance
and approach of the IPCC 2006 Guidelines and to provide clear
applicability requirements and emissions estimation methodologies for
these types of facilities. The proposed requirements would improve the
completeness of the data collected under the GHGRP, add to the EPA's
understanding of the GHG emissions from these sources, and better
inform future EPA policy under the CAA. Once collected, such data would
also be available to and improve on the estimates provided in the
Inventory, by incorporating the recommendations of the 2006 IPCC
guidelines.
2. Public Comments Received in Request for Comment
In section IV.B of the 2022 Data Quality Improvements Proposal, the
EPA requested comment on the addition of ceramics manufacturing as a
new subpart to part 98. The request for comment covered the following
topics:
Whether the EPA should add a source category related to
ceramics manufacturing;
Information related to the source category definition,
including whether it should be included as a separate category or as
part of an existing category such as subpart N (Glass Production);
What calculation methodologies should be used for purposes
of part 98 reporting, including what information is readily available
to reporters to support calculation methodologies;
What monitoring requirements should be in place and what
methodologies are recommended for monitoring and QA/QC; and
What reporting requirements should be in place.
This section presents a broad overview of the comments received
regarding the request for comment on ceramics production.
We received one comment on the addition of a source category for
ceramics manufacturing, stating that the commenter opposed a new source
category for brick manufacturing and that the EPA has methods available
to estimate GHG emissions from the brick industry without annual GHG
reporting. The commenter suggested that the EPA consider a one-time
information collection request for GHG emissions data or other
collaboration with the brick industry as an alternative to mandatory
reporting requirements. The EPA is proposing the addition of a new
source category for ceramics manufacturing that would include a variety
of ceramics production industries in addition to brick manufacturing.
As discussed in the 2022 Data Quality Improvements Proposal, we are
seeking data from these sources to improve the coverage of the GHGRP,
provide more accurate emissions estimations, and better inform the
development of GHG policies and programs under the CAA. This
information would also further align the data collected under GHGRP
with the 2006 IPCC Guidelines.
3. Proposed Definition of the Source Category
Ceramics manufacturing is the process in which nonmetallic,
inorganic materials, many of which are clay-
[[Page 32902]]
based, are used to produce ceramic products such as bricks and roof
tiles, wall and floor tiles, table and ornamental ware (household
ceramics), sanitary ware, refractory products, vitrified clay pipes,
expanded clay products, inorganic bonded abrasives, and technical
ceramics (e.g., aerospace, automotive, electronic, or biomedical
applications). Most ceramic products are made from one or more
different types of clay (e.g., shales, fire clay, ball clay). The
general process of manufacturing ceramic products consists of raw
material processing (grinding, calcining, and drying), forming, firing,
and final processing (which may include grinding, polishing, surface
coating, annealing, and/or chemical treatment). GHG emissions are
produced during the calcination process in the kiln, dryer, or oven,
and from any combustion source.
We are proposing that the ceramics source category would apply to
facilities that annually consume at least 2,000 tons of carbonates or
20,000 tons of clay heated to a temperature sufficient to allow the
calcination reaction to occur, and operate a ceramics manufacturing
process unit. We propose to define a ceramics manufacturing process
unit as a kiln, dryer, or oven used to calcine clay or other carbonate-
based materials for the production of a ceramics product. The proposed
definition of ceramics manufacturers as facilities that use at least
the minimum quantity of carbonates or clay (2,000 tons/20,000 tons)
would be consistent with the Miscellaneous Uses of Carbonate source
category (subpart U of part 98). The source category definition
establishes a minimum production level as a means to exclude and thus
reduce the reporting burden for small artisan-level ceramics
manufacturing processes. An example of a facility that may fall under
this scenario is a university with a small ceramics department onsite
for students. The university may be required to report GHGs under
subpart D (Electricity Generation) but would only be required to gather
data and report GHGs under subpart ZZ if the small ceramics department
consumed at least 2,000 tons of carbonates or 20,000 tons of clay, as
ceramic process and combustion emissions from use of 2,000 tons of
carbonate are roughly estimated to be 3,100 mtCO2e.
Additional background information about GHG emissions from the
ceramics manufacturing source category is available in the Revised
Technical Support Document for Ceramics: Supplemental Proposed Rule For
The Greenhouse Gas Reporting Program, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
4. Selection of Proposed Reporting Threshold
Per the 2018 U.S. Census, approximately 815 corporations reported
their primary NAICS code as one of the two NAICS codes associated with
Clay Product and Refractory Manufacturing, representing an estimated
850 facilities in the ceramics manufacturing industry.\66\
Additionally, there is an unknown number of corporations that operate a
ceramics facility as a secondary or tertiary operation onsite.
---------------------------------------------------------------------------
\66\ See the Revised Technical Support Document for Ceramics:
Supplemental Proposed Rule For The Greenhouse Gas Reporting Program,
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-
OAR-2019-0424), for additional information.
---------------------------------------------------------------------------
A large number of small artisan ceramic facilities comprise this
industry--of the 815 corporations noted in the 2018 census, an
estimated 700 corporations representing 86 percent have less than 100
employees corporate-wide and likely low production rates and small GHG
emissions (likely less than 25,000 mtCO2e).
In developing the ceramics production source category, we
considered including facilities that emit at least 10,000
mtCO2e, 25,000 mtCO2e, or 100,000
mtCO2e. Requiring all facilities to report (no threshold)
was also considered. Table 8 of this preamble illustrates the estimated
process and combustion CO2 emissions, and facilities that
would be covered under each scenario.
Table 8--Threshold Analysis for Ceramics Manufacturing
----------------------------------------------------------------------------------------------------------------
Emissions covered Facilities covered
Threshold level (metric tons) ---------------------------------------------------------------
mtCO2e/yr Percent Number Percent
----------------------------------------------------------------------------------------------------------------
100,000......................................... 0 0 0 0
25,000.......................................... 2,770,000 60 34 4.0
10,000.......................................... 2,770,000 60 34 4.0
All-in (no threshold)........................... 4,630,000 100 850 100
----------------------------------------------------------------------------------------------------------------
As the quantity of emissions covered were estimated to be the same
for the 10,000 mtCO2e and 25,000 mtCO2e
thresholds, between these two options it is reasonable to adopt a
facility definition that would include facilities estimated to emit
25,000 mtCO2e or more. A threshold of 25,000
mtCO2e is also preferable at this time to the ``all-in''
option because it would avoid burden on small facilities with few
employees and lower overall emissions.
The proposed definition of ceramics manufacturers as facilities
that use at least the minimum quantity of carbonates or clay (2,000
tons/20,000 tons) and the 25,000 mtCO2e threshold are both
expected to ensure that small ceramics manufacturers are excluded. It
is estimated that over 30 facilities would meet the proposed definition
of a ceramics manufacturer and the proposed threshold of 25,000
mtCO2e for reporting. The total combined process and
combustion emissions from this source category are estimated at 2.77
million mtCO2e.
For a full discussion of this analysis, please refer to the Revised
Technical Support Document for Ceramics: Supplemental Proposed Rule For
The Greenhouse Gas Reporting Program, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
5. Selection of Proposed Calculation Methods
CO2 emissions result from the calcination of carbonates
in the raw material (particularly clay, shale, limestone, dolomite, and
witherite) and the use of limestone or other additives as a flux.
Carbonates are heated to high temperatures in a ceramics process unit
producing oxides and CO2. Additionally, CO2,
CH4, and N2O emissions are produced during
combustion in the ceramics manufacturing process unit and from other
combustion sources on site.
We reviewed existing methodologies for estimating ceramics
manufacturing
[[Page 32903]]
process related GHG emissions including those of the 2006 IPCC
Guidelines for National Greenhouse Inventories,\67\ the European Union,
Canada's Greenhouse Quantification Requirements, the EPA's GHGRP, and
Australia's National Greenhouse and Energy Reporting Amendment.
Additional detail on the calculation methods reviewed are available in
the Revised Technical Support Document for Ceramics: Supplemental
Proposed Rule For The Greenhouse Gas Reporting Program, available in
the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
From the review of existing programs, three basic calculation
methodologies were identified.
---------------------------------------------------------------------------
\67\ IPCC Guidelines for National Greenhouse Gas Inventories,
Volume 3, Industrial Processes and Product Use, Mineral Industry
Emissions. 2006. https://www.ipcc-nggip.iges.or.jp/public/2006gl/pdf/3_Volume3/V3_2_Ch2_Mineral_Industry.pdf.
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Option 1. This approach directly measures emissions using a CEMS.
The CEMS would measure CO2 concentration and total exhaust
gas flow rate for the combined process and combustion source emissions.
CO2 mass emissions would be calculated from these measured
values using equation C-6 and, if necessary, equation C-7 in 40 CFR
98.33(a)(4). The combined process and combustion CO2
emissions would be calculated according to the Tier 4 Calculation
Methodology specified in 40 CFR 98.33(a)(4).
Option 2. The carbon mass balance method, which is based on the
IPCC Tier 3 approach, requires that the carbon content and the mass of
carbonaceous materials input to the process be determined. The facility
would measure the consumption of specific process inputs and the
amounts of these materials consumed by end-use/product type. Carbon
contents of materials would be determined through the analysis of
samples of the material or from information provided by the material
suppliers. Also, the quantities of these materials consumed and
produced during production would be measured and recorded.
CO2 emissions would be estimated by multiplying the carbon
content of each raw material by the corresponding mass, by a carbonate
emission factor, and by the decimal fraction of calcination achieved
for that raw material.
Option 3. The IPCC Tier 1 approach is a basic mass balance method
that assumes limestone and dolomite are the only carbonates used as
input, and that 85 percent of carbonates consumed are limestone and 15
percent of carbonates consumed are dolomite. This carbonate assumption
reflects pure carbonates, and not carbonate rock or materials such as
clay that contain carbonate-based minerals. For clay or other
carbonate-based raw materials, this approach assumes a default purity
of 10 percent for clay content. Generally, this method is less accurate
as it involves multiplying raw material usage by a default carbonate-
based mineral content. CO2 emissions would be estimated by
multiplying the quantity of clay used by the assumed limestone and
dolomite percentages and their respective carbonate emission factors.
For option 2 and option 3, facilities would be required to follow
40 CFR part 98, subpart C (General Stationary Fuel Combustion Sources)
to estimate combustion GHG emissions of CO2, CH4,
and N2O from ceramics process units.
Proposed option. We are proposing two different methods for
quantifying GHG emissions from ceramics manufacturing, depending on
current emissions monitoring at the facility. If a qualified CEMS is in
place, the CEMS must be used. Otherwise, the facility can elect to
either install a CEMS or elect to use the carbon mass balance method.
CEMS method (Option 1). Facilities with a CEMS that meet the
requirements in 40 CFR part 98, subpart C would be required to use CEMS
to estimate the combined process and combustion CO2
emissions. Facilities would be required to use subpart C to estimate
emissions of CO2, CH4, and N2O from
stationary combustion.
Carbon balance method (Option 2). For facilities that do not have
CEMS that meet the requirements of 40 CFR part 98, subpart C, the
proposed monitoring method for process emissions is the Option 2 carbon
mass balance method. For any stationary combustion units included at
the facility, facilities would be required to follow 40 CFR part 98,
subpart C to estimate emissions of CO2, CH4, and
N2O from stationary combustion.
Use of facility specific information under Option 2 is consistent
with IPCC Tier 3 methods and is the preferred method for estimating
emissions for other GHGRP sectors. Any additional burden associated
with material measurement required for the carbon balance would be
small in relation to the increased accuracy expected from using this
site-specific information. Of the two non-CEMS options, we are
proposing Option 2 as it has the lowest uncertainty.
6. Selection of Proposed Monitoring, QA/QC, and Verification
Requirements
We are proposing two separate monitoring methods: direct
measurement and a mass balance emission calculation.
Proposed option for direct measurement using CEMS. Industrial
source categories for which the process emissions and/or combustion GHG
emissions are contained within a stack or vent can take direct
measurement of the GHG concentration in the stack gas and the flow rate
of the stack gas using a CEMS. In the case of ceramics manufacturing,
process and combustion GHG emissions from ceramics process units are
typically emitted from the same stack. Under the proposed rule, if
facilities use an existing CEMS to meet the monitoring requirements,
they would be required to use CEMS to estimate CO2
emissions. Where the CEMS capture all combustion- and process-related
CO2 emissions, facilities would be required to follow the
requirements of 40 CFR part 98, subpart C to estimate all
CO2 emissions from the industrial source.
A CEMS continuously withdraws and analyzes a sample of the stack
gas and continuously measures the GHG concentration and flow rate of
the total exhaust stack gas. The emissions are calculated from the
CO2 concentration and the flow rate of the stack gas. The
proposed CEMS method requires both a continuous CO2
concentration monitor and a continuous volumetric flow monitor. To
qualify as a CEMS, the monitors would be required to be installed,
operated, and calibrated according to subpart C (General Stationary
Fuel Combustion Sources) of part 98 (40 CFR 98.33(a)(4)), which is
consistent with CEMS requirements in other GHGRP subparts.
Proposed option for mass balance calculation. The proposed carbon
mass balance method requires monitoring of mass quantities of
carbonate-based raw material (e.g., clay) fed to the process,
establishing the mass fraction of carbonate-based minerals in the raw
material, and an emission factor based on the type of carbonate
consumed.
The mass quantities of carbonate-based raw materials consumed by
each ceramics process unit can be determined using direct weight
measurement of plant instruments or techniques used for accounting
purposes, such as calibrated scales, weigh hoppers, or weigh belt
feeders. The direct weight measurement can then be compared to records
of raw material purchases for the year.
For the carbon content of the materials used to calculate process
CO2 emissions, we are proposing that the owner or operator
determine the carbon mass fraction either by using information provided
by the raw
[[Page 32904]]
material supplier, by collecting and sending representative samples of
each carbonate-based material consumed to an offsite laboratory for a
chemical analysis of the carbonate content (weight fraction), or by
choosing to use the default value of 1.0. The use of 1.0 for the mass
fraction assumes that the carbonate-based raw material comprises 100
percent of one carbonate-based mineral. Suitable chemical analysis
methods include using an x-ray fluorescence standard method. The
proposed rule would require the carbon content be analyzed at least
annually using standard ASTM methods, including their QA/QC procedures.
The carbonate emission factors provided in proposed Table ZZ-1 to
subpart ZZ of part 98 are based on stoichiometric ratios and represent
the weighted average of the emission factors for each particular
carbonate. These factors were pulled from Table N-1 to subpart N of
part 98, and from Table 2.1 of the 2006 IPCC Guidelines.\68\ Emission
factors provided by the carbonate vendor for other minerals not listed
in Table ZZ-1 may also be used.
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\68\ Id.
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For the ceramics manufacturing source category, we are proposing
for QA/QC requirements that reporters calibrate all meters or monitors
and maintain documentation of this calibration. These meters or
monitors should be calibrated prior to the first reporting year, using
a suitable method published by a consensus standards organization
(e.g., ASTM, American Society of Mechanical Engineers (ASME), American
Petroleum Institute (API), American Gas Association (AGA), etc.), or as
specified by the meter/monitor manufacturer. These meters or monitors
would be required to be recalibrated either annually or at the minimum
frequency specified by the manufacturer.
In addition, any flow rate monitors used for direct measurement
would be required to comply with QA procedures for daily calibration
drift checks and quarterly or annual accuracy assessments, such as
those provided in Appendix F to part 60 or similar QA procedures. We
are proposing these requirements to ensure the quality of the reported
GHG emissions and to be consistent with the current requirements for
CEMS measurements within subparts A (General Provisions) and C of the
GHGRP.
For measurements of carbonate content, reporters would assess
representativeness of the carbonate content received from suppliers
with laboratory analysis.
7. Selection of Proposed Procedures for Estimating Missing Data
The proposed rule would require the use of substitute data whenever
a quality-assured value of a parameter is used to calculate emission is
unavailable, or ``missing.'' For example, if the CEMS malfunctions
during unit operation, the substitute data value would be the average
of the quality-assured values of the parameter immediately before and
immediately after the missing data period. For missing data on the
amounts of carbonate-based raw materials consumed, we are proposing
reporters must use the best available estimate based on all available
process data or data used for accounting purposes, such as purchase
records. For missing data on the mass fractions of carbonate-based
minerals in the carbonate-based raw materials, reporters would assume
that the mass fraction of each carbonate-based mineral is 1.0. The use
of 1.0 for the mass fraction assumes that the carbonate-based raw
material comprises 100 percent of one carbonate-based mineral. The
likelihood for missing process input or output data is low, as business
closely track their purchase of production inputs. Missing data
procedures would be applicable for CEMS measurements, mass measurements
of raw material, and carbon content measurements.
8. Selection of Proposed Data Reporting Requirements
We propose that each ceramics manufacturing facility report the
annual CO2 process emissions from each ceramics
manufacturing process, as well as any stationary fuel combustion
emissions. In addition, we propose that additional information that
forms the basis of the emissions estimates also be reported so that we
can understand and verify the reported emissions.
For ceramic manufacturers, the additional information would
include: the total number of ceramics process units at the facility and
the total number of units operating; annual production of each ceramics
product for each process unit; the annual production capacity of each
ceramics process unit; and the annual quantity of carbonate-based raw
material charged for all ceramics process units combined.
For ceramic manufacturers with non-CEMS units, the proposed rules
would also require reporting of the following information: the method
used for the determination for each carbon-based mineral in each raw
material; applicable test results used to verify the carbonate-based
mineral mass fraction for each carbonate-based raw material charged to
a ceramics process unit, including the date of test and test methods
used; and the number of times in the reporting year that missing data
procedures were used.
9. Selection of Proposed Records That Must Be Retained
Maintaining records of information used to determine reported GHG
emissions is necessary to allow the EPA to verify that GHG emissions
monitoring and calculations were done correctly. The proposed rule
would require facilities subject to subpart ZZ to maintain monthly
records of the ceramics production rate for each ceramics process unit,
and the monthly amount of each carbonate-based raw material charged to
each ceramics process unit.
Additionally, if facilities use the carbon balance procedure, the
proposed rule would require facilities to maintain monthly records of
the carbonate-based mineral mass fraction for each mineral in each
carbonate-based raw material. Facilities would also be required to
maintain (1) records of the supplier-provided mineral mass fractions
for all raw materials consumed annually, (2) results of all analyses
used to verify the mineral mass fraction for each raw material
(including the mass fraction of each sample, the date of test; test
methods and method variations; and equipment calibration data, and
identifying information for the laboratory conducting the test); and
(3) annual operating hours for each unit. If facilities use the CEMS
procedure, they would be required to maintain the CEMS measurement
records.
Under the proposed rule, the procedures for ensuring accuracy of
measurement methods, including calibration, must be recorded. The
proposed rules would require records of how measurements are made
including measurements of quantities of materials used or produced and
the carbon content of minerals in raw materials.
The proposed rule would require the retention of a record of the
file generated by the verification software specified in 40 CFR 98.5(b)
including: annual average decimal mass fraction of each carbonate-based
mineral per carbonate-based raw material for each ceramics process unit
(percent by weight expressed as a decimal fraction); annual mass of
each carbonate-based raw material charged to each ceramics process unit
(tons); and the decimal fraction of calcination achieved for each
carbonate-based raw material for each ceramics process unit (percent by
weight expressed as a decimal fraction).
[[Page 32905]]
V. Schedule for the Proposed Amendments
In the 2022 Data Quality Improvements Proposal, the EPA intended
the proposed amendments to take effect starting January 1, 2023. We are
now planning to consider the comments on the 2022 Data Quality
Improvements Proposal and this supplemental proposal, which would delay
the effective date of any final rule. If amendments from either the
2022 Data Quality Improvements Proposal or this supplemental proposal
are finalized, we plan to respond to comments and publish any final
rule(s) regarding both notices during 2024. We are proposing that the
final amendments would become effective on January 1, 2025. Reporters
would implement the changes beginning with reports prepared for RY2025
and submitted March 31, 2026, with one exception explained in this
section below for existing reporters.
We are proposing this revised schedule because it would provide
additional time for reporters to prepare to comply and simplify
implementation. There are several source categories for which we have
included proposed revisions in both the 2022 Data Quality Improvements
Proposal and in this supplemental notification. We anticipate that it
would be less burdensome for reporters in these source categories to
have the proposed rule amendments go into effect in the same year
instead of having the amendments go into effect separately across two
different reporting years. This proposed revised schedule would also
provide time for affected stakeholders to adapt to new monitoring
requirements and purchase and install any necessary monitoring
equipment. We intend to finalize this proposed rule early-2024 and have
determined that it would be feasible for reporters to implement the
proposed changes for RY2025.
For existing reporters, the proposed amendments largely update or
clarify calculations, clarify provisions, or amend reporting
requirements, but do not result in changes that require monitoring,
sampling, or calibration of equipment. A number of proposed changes
would amend the reporting requirements for individual sectors to
require information that we anticipate would be readily available to
facilities. For example, we are proposing revisions that would require
facilities to report information regarding annual production capacity
and operation hours (e.g., subpart F (Aluminum Production)), capacity
of emission units (e.g., subpart Y (Petroleum Refineries)) or to
provide information regarding process inputs (e.g., subpart N (Glass
Production)) or process types (e.g., subpart P (Hydrogen Production)).
In these cases, we anticipate that facilities can easily identify and
obtain capacity and process information, and we anticipate that
facilities would have any additional inputs for calculations available
in company records or could easily calculate the required input from
existing process knowledge and engineering estimates, or from available
company records. In other cases, we are proposing to require reporting
of information that facilities have currently maintained as records for
the purposes of part 98 (e.g., we are proposing that facilities submit
CBP entry forms previously retained as records under subparts OO
(Suppliers of Industrial Greenhouse Gases) and QQ (Importers and
Exporters of Fluorinated GHGs Contained in Pre-charged Equipment and
Closed-Cell Foams)), or information that is already maintained in
keeping with existing facility data permits (e.g., hours of operation),
or may be estimated using emission factors or engineering judgment.
Therefore, for these types of changes, reporters would not need a
significant amount of time in advance of the 2025 reporting year to
collect the additional data. Existing reporters that are direct
emitters that would be newly required to report energy consumption
under proposed subpart B (Energy Consumption) would be able to
implement the requirements for RY2025 because facilities would not be
required to immediately install special equipment or conduct routine
monitoring, but rather would be able to rely on billing statements for
purchased energy products that would be readily available to
facilities. For existing reporters subject to subpart HH (Municipal
Solid Waste Landfills), we anticipate that facilities would be able to
implement the proposed revisions to the monitoring and calculation
methodologies for RY2025 because the proposed revisions apply to
facilities that are already subject to landfills NSPS (40 CFR part 60,
subpart WWW or XXX), state plans implementing landfills EG (40 CFR part
60, subparts Cc or Cf), or landfills Federal plans (40 CFR part 62,
subpart GGG or OOO). Facilities are already required to conduct surface
measurement monitoring per the requirements of the NSPS, EG, or Federal
plans, and would only be required to use the existing measurement data
to provide a count of the number of exceedances to adjust the reported
methane emissions to account for these exceedances. The proposed
requirements also require facilities that are not subject to the
landfill NSPS (40 CFR part 60, subpart WWW or XXX), EG (40 CFR part 60,
subparts Cc or Cf), or Federal plans (40 CFR part 62, subpart GGG or
OOO) to either use the proposed lower gas collection efficiency value
or elect to monitor their landfill as specified in this proposal and
use the currently existing gas collection efficiency values. Therefore,
although we are proposing to add surface methane concentration
monitoring methods at 40 CFR 98.344, this monitoring is optional to
facilities that are not subject to the NSPS, EG, or Federal plans. As
such, we anticipate that landfills would be able to incorporate these
changes for their RY2025 reports with minimal changes to their existing
monitoring and operations.
Some facilities that are not currently subject to the GHGRP would
be brought into the program by proposed revisions that change what
facilities must report under the rule. For example, we are proposing to
revise subpart P (Hydrogen Production) to include non-merchant
(captive) hydrogen production plants, as outlined in section III.G of
this preamble, and proposing to collect data in several new source
categories, including subparts WW (Coke Calciners), XX (Calcium Carbide
Production), YY (Caprolactam, Glyoxal, and Glyoxylic Acid Production),
and ZZ (Ceramics Production), as outlined in section IV of this
preamble. The facilities affected by these proposed amendments would
need to start implementing requirements, including any required
monitoring and recordkeeping, on January 1, 2025, and prepare reports
for RY2025 that must be submitted by March 31, 2026. Because we plan to
promulgate any final rule(s) by early-2024, new reporters under these
subparts should have sufficient time to implement the amendments,
including installation or calibration of any necessary equipment, and
be ready to collect data for reporting starting on January 1, 2025. We
anticipate that new reporters that have not previously reported under
part 98 would have over six months to comply with the monitoring
methods for new emission sources in subparts P, WW, XX, YY, and ZZ,
which would allow time for facilities to install necessary monitoring
equipment and set up internal recordkeeping and reporting systems.\69\
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\69\ Existing reporters with coke calciners located at petroleum
refineries that currently report under subpart Y would continue to
report under subpart Y for RY2024, and would begin reporting under
subpart WW with their RY2025 reports. The monitoring, calculation,
reporting, and recordkeeping requirements for coke calciners under
subpart WW do not substantially differ from the existing
requirements for these units under subpart Y.
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[[Page 32906]]
Some facilities that have not previously reported to the GHGRP may
also become subject to the rule due to the proposed revisions to GWPs
in Table A-1 to subpart A of part 98.\70\ Reporters that become subject
to a new subpart of part 98 due to the proposed revisions to Table A-1
to subpart A, per the existing requirements at 40 CFR 98.3(k), would
not be required to submit an annual GHG report until the following
reporting year. Therefore, these new reporters would also implement
changes and begin monitoring and recordkeeping on January 1, 2025.
---------------------------------------------------------------------------
\70\ Part 98 requires direct emitters and suppliers of GHGs to
use the GWP values in Table A-1 to subpart A to calculate emissions
(or supply) of GHGs in CO2e. These values are used to
determine whether the facility meets a CO2e-based
threshold and is required to report under part 98, as well as to
calculate total facility emissions for the annual report. A change
to the GWP for a GHG will change the calculated emissions (in
CO2e) of that gas. Therefore, the proposed amendments
could affect the number of facilities required to report under part
98.
---------------------------------------------------------------------------
Per the existing regulations at 40 CFR 98.3(k), there is one
exception to this proposed schedule. Specifically, in keeping with 40
CFR 98.3(k), the GWP amendments to Table A-1 to subpart A would apply
to reports submitted by current reporters that are submitted in
calendar year 2025 and subsequent years, i.e., starting with reports
submitted for RY2024 on March 31, 2025. The revisions to GWPs do not
affect the data collection, monitoring, or calculation methodologies
used by these existing reporters. The EPA's e-GGRT generally
automatically applies GWPs to a facility's emissions as reported in
metric tons. Therefore, existing facilities would not have to conduct
any additional activities for the reports submitted for RY2024.
Finally, although we previously stated in the 2022 Data Quality
Improvements Proposal that facilities that would report under proposed
subpart VV (Geologic Sequestration of Carbon Dioxide With Enhanced Oil
Recovery Using ISO 27916) would implement the requirements beginning in
RY2023, we are now proposing that these reporters would begin to
implement the proposed changes and begin reporting under subpart VV
starting in RY2025. As we stated in the 2022 Data Quality Improvements
Proposal, these facilities already report under part 98 and are likely
to follow the calculation requirements and data gathering prescribed
under CSA/ANSI ISO 27916:2019 to quantify storage for the Internal
Revenue Code (IRC) section 45Q tax credit.\71\ The facilities that are
likely to be subject to subpart VV are thus not anticipated to be new
reporters and would not perform any additional calculation, monitoring,
or quality assurance procedures under the proposed requirements;
therefore, the information submitted to the GHGRP would be obtained and
provided from readily available data and could be implemented beginning
January 1, 2025. We request comment on the proposed schedule for
existing and new reporters and the feasibility of implementing these
requirements for the proposed schedule.
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\71\ See 26 CFR 1.45Q-0 through 26 CFR 1.45Q-5.
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VI. Proposed Confidentiality Determinations for Certain Data Elements
A. Overview and Background
Part 98 requires reporting of numerous data elements to
characterize, quantify, and verify GHG emissions and related
information. Following proposal of part 98 (74 FR 16448, April 10,
2009), the EPA received comments addressing the issue of whether
certain data could be entitled to confidential treatment. In response
to these comments, the EPA stated in the preamble to the 2009 Final
Rule (74 FR 56387, October 30, 2009) that through a notice and comment
process, we would establish those data elements that are entitled to
confidential treatment. This proposal is one of a series of rules
dealing with confidentiality determinations for data reported under
part 98. For more information on previous confidentiality
determinations for part 98 data elements, see the following documents:
75 FR 39094, July 7, 2010. Describes the data categories
and category-based determinations the EPA developed for the part 98
data elements.
76 FR 30782, May 26, 2011; hereafter referred to as the
``2011 Final CBI Rule.'' Assigned data elements to data categories and
published the final CBI determinations for the data elements in 34 part
98 subparts, except for those data elements that were assigned to the
``Inputs to Emission Equations'' data category.
77 FR 48072, August 13, 2012. Finalized confidentiality
determinations for data elements reported under nine subparts, except
for those data elements that are ``inputs to emission equations.'' Also
finalized confidentiality determinations for new data elements added to
subparts II (Industrial Wastewater Treatment) and TT (Industrial Waste
Landfills) in the November 29, 2011 Technical Corrections document (76
FR 73886).
78 FR 68162; November 13, 2013. Finalized confidentiality
determinations for new data elements added to subpart I (Electronics
Manufacturing).
78 FR 69337, November 29, 2013. Finalized determinations
for new and revised data elements in 15 subparts, except for those data
elements assigned to the ``Inputs to Emission Equations'' data
category.
79 FR 63750, October 24, 2014. Revised recordkeeping and
reporting requirements for ``inputs to emission equations'' for 23
subparts and finalized confidentiality determinations for new data
elements in 11 subparts.
79 FR 70352, November 25, 2014. Finalized confidentiality
determinations for new and substantially revised data elements in
subpart W (Petroleum and Natural Gas Systems).
79 FR 73750, December 11, 2014. Finalized confidentiality
determinations for certain reporting requirements in subpart L
(Fluorinated GHG Production).
80 FR 64262, October 22, 2015. Finalized confidentiality
determinations for new data elements in subpart W.
81 FR 86490, November 30, 2016. Finalized confidentiality
determinations for new or substantially revised data elements in
subpart W.
81 FR 89188, December 9, 2016. Finalized confidentiality
determinations for new or substantially revised data elements in 18
subparts and for certain existing data elements in four subparts.
In the 2022 Data Quality Improvements Proposal, the EPA proposed
confidentiality determinations for certain data elements in 26
subparts, including data elements newly added or substantially revised
in the proposed amendments and existing data elements where the EPA had
previously not established a determination or was proposing to revise
or clarify a determination based on new information. In this
supplemental proposal, the EPA is proposing additional amendments to
part 98 that would complement, expand on, or refine the amendments
proposed in the 2022 Data Quality Improvements Proposal or that would
further enhance the quality of part 98 and implementation of the GHGRP.
To support the proposed amendments described in sections III and IV of
this preamble, we are also proposing confidentiality determinations or
``emission data'' designations for the following:
[[Page 32907]]
New or substantially revised reporting requirements (i.e.,
the proposed change requires additional or different data to be
reported); and
Existing reporting requirements for which the EPA did not
previously finalize a confidentiality determination or ``emission
data'' designation.
Further, we propose to designate certain new or substantially
revised data elements as ``inputs to emission equations.'' For each
element that we propose would fall in this category, we further propose
whether the data element would be directly reported to the EPA or
whether it would be entered into IVT (see section VI.C of this preamble
for a discussion of ``inputs to emission equations'').
Table 9 of this preamble provides the number of affected data
elements and the affected subparts for each of these proposed actions.
The majority of the determinations would apply at the same time as the
proposed schedule described in section V of this preamble. In the cases
where the EPA is proposing a determination for an existing data element
where one was not previously made, the proposed determinations would be
effective on January 1, 2025, and would apply to annual reports
submitted for RY2025, as well as all prior years that the data were
collected.
Table 9--Summary of Proposed Actions Related to Data Confidentiality
------------------------------------------------------------------------
Proposed actions related to data Number of data
confidentiality elements \a\ Subparts
------------------------------------------------------------------------
New or substantially revised 153 A, B, C, F, G, N,
reporting requirements for which P, Y, HH, OO, PP,
the EPA is proposing a QQ, WW, XX, YY,
confidentiality determination or ZZ.
``emission data'' designation.
Existing reporting requirements for 1 A.
which the EPA is proposing a
confidentiality determination or
``emission data'' designation
because the EPA did not previously
make a confidentiality
determination or ``emission data''
designation.
New or substantially revised 32 P, HH, WW, XX, YY,
reporting requirements that the ZZ.
EPA is proposing be designated as
``inputs to emission equations''
and for which the EPA is proposing
reporting determinations.
------------------------------------------------------------------------
\a\ These data elements are individually listed in the memoranda: (1)
Proposed Confidentiality Determinations and Emission Data Designations
for Data Elements in Proposed Supplemental Revisions to the Greenhouse
Gas Reporting Rule and (2) Proposed Reporting Determinations for Data
Elements Assigned to the Inputs to Emission Equations Data Category in
Proposed Supplemental Revisions to the Greenhouse Gas Reporting Rule,
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-
2019-0424).
B. Proposed Confidentiality Determinations and Emissions Data
Designations
1. Proposed Approach
The EPA is proposing to assess the data elements in this
supplemental proposed rule in the same manner as the 2022 Data Quality
Improvements Proposal. In that proposal, the EPA described a revised
approach to assessing data in response to Food Marketing Institute v.
Argus Leader Media, 139 S. Ct. 2356 (2019) (hereafter referred to as
Argus Leader).\72\
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\72\ Available in the docket for this rulemaking (Docket Id. No.
EPA-HQ-OAR-2019-0424).
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First, we proposed that the Argus Leader decision does not affect
our approach to designating data elements as ``inputs to emission
equations'' or our previous approach for designating new and revised
reporting requirements as ``emission data.'' We proposed to continue
identifying new and revised reporting elements that qualify as
``emission data'' (i.e., data necessary to determine the identity,
amount, frequency, or concentration of the emission emitted by the
reporting facilities) by evaluating the data for assignment to one of
the four data categories designated by the 2011 Final CBI Rule to meet
the CAA definition of ``emission data'' in 40 CFR 2.301(a)(2)(i) \73\
(hereafter referred to as ``emission data categories''). Refer to
section II.B of the July 7, 2010 proposal for descriptions of each of
these data categories and the EPA's rationale for designating each data
category as ``emission data.'' For data elements designated as ``inputs
to emission equations,'' the EPA maintained the two subcategories, data
elements entered into e-GGRT's Inputs Verification Tool (IVT) and those
directly reported to the EPA. Refer to section VI.C of the preamble of
the 2022 Data Quality Improvements Proposal for further discussion of
``inputs to emission equations.''
---------------------------------------------------------------------------
\73\ See section I.C of the July 7, 2010 proposal (75 FR 39100)
for a discussion of the definition of ``emission data.'' As
discussed therein, the relevant paragraphs (to the GHGRP) of the CAA
definition of ``emission data'' include 40 CFR 2.301(a)(2)(i)(A) and
(C), as follows: (A) ``Information necessary to determine the
identity, amount, frequency, concentration, or other characteristics
(to the extent related to air quality) of any emission which has
been emitted by the source (or of any pollutant resulting from any
emission by the source), or any combination of the foregoing;'' and
(C) ``A general description of the location and/or nature of the
source to the extent necessary to identify the source and to
distinguish it from other sources (including, to the extent
necessary for such purposes, a description of the device,
installation, or operation constituting the source).''
---------------------------------------------------------------------------
Then in the 2022 Data Quality Improvements Proposal, for new or
revised data elements that the EPA did not propose to designate as
``emission data'' or ``inputs to emission equations,'' the EPA proposed
a revised approach for assessing data confidentiality. We proposed to
assess each individual reporting element according to the new Argus
Leader standard. So, we evaluated each data element individually to
determine whether the information is customarily and actually treated
as private by the reporter and proposed a confidentiality determination
based on that evaluation.
2. Proposed Confidentiality Determinations and ``Emission Data''
Designations
In this section, we discuss the proposed confidentiality
determinations and ``emission data'' designations for 153 new or
substantially revised data elements. We also discuss one existing data
element (i.e., not proposed to be substantially revised) for which for
no determination has been previously established.
a. Proposed Confidentiality Determinations and ``Emission Data''
Designations for New or Substantially Revised Data Reporting Elements
For the 153 new and substantially revised data elements, the EPA is
proposing ``emission data'' designations for 38 data elements and
confidentiality determinations for 115 data elements. The EPA is
proposing to designate 38 new or substantially revised data
[[Page 32908]]
elements as ``emission data'' by assigning the data elements to four
emission data categories (established in the 2011 Final CBI Rule as
discussed in section VI.B.1 of this preamble), as follows:
16 data elements that are proposed to be reported under
subparts C, P, WW, XX, YY, and ZZ are proposed to be assigned to the
``Emissions'' emission data category;
10 data elements that are proposed to be reported under
subparts P, HH, WW, XX, and YY are proposed to be assigned to the
``Facility and Unit Identifier Information'' emission data category;
Four data elements that are proposed to be reported under
subparts P, HH, WW, and XX are proposed to be assigned to the
``Calculation Methodology and Methodological Tier'' emission data
category; and
Eight data elements that are proposed to be reported under
subparts N, XX, YY, and ZZ are proposed to be assigned to the ``Data
Elements Reported for Periods of Missing Data that are Not Inputs to
Emission Equations'' emission category.
Refer to Table 1 in the memorandum, Proposed Confidentiality
Determinations and Emission Data Designations for Data Elements in
Proposed Supplemental Revisions to the Greenhouse Gas Reporting Rule,
available in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-
2019-0424), for a list of these 38 data elements proposed to be
designated as ``emission data,'' the proposed emission data category
assignment for each data element, and the EPA's rationale for each
proposed ``emission data'' category assignment.
The remaining 115 new and substantially revised data elements not
proposed to be designated as ``emission data,'' or ``inputs to emission
equations,'' are proposed to be reported under subparts A, B, C, F, G,
N, P, Y, HH, OO, PP, QQ, WW, XX, YY, and ZZ. This proposal assesses
each individual reporting element according to the Argus Leader
criteria as discussed in section VI.B.1 of this preamble. Refer to
Table 2 in the memorandum, Proposed Confidentiality Determinations and
Emission Data Designations for Data Elements in Proposed Revisions to
the Greenhouse Gas Reporting Rule, to see a list of these 115 specific
data elements, the proposed confidentiality determination for each data
element, and the EPA's rationale for each proposed confidentiality
determination. These determinations show the data elements that the EPA
would hold as confidential and those that the EPA would publish.
b. Proposed Confidentiality Determinations for Existing Part 98 Data
Elements for Which No Determination Has Been Previously Established
We are proposing to make a confidentiality determination for one
existing data element in subpart A for which no confidentiality
determination has been previously established under part 98. Review of
previous rules revealed one instance where a confidentiality
determination had been made for a previous version of a data element,
but not for the current version of that data element. This data element
(40 CFR 98.3(c)(5)(i)) is the total quantity of GHG aggregated for all
GHG from all applicable supply categories in Table A-5 (in
mtCO2e). When part 98 was first promulgated, 40 CFR
98.3(c)(5)(i) referred explicitly to individual supplier categories
rather than to Table A-5. Consequently, 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 in July 2010, which included subparts LL
through PP. On December 1, 2010, the EPA finalized subpart QQ and added
it to Table A-5, but the EPA never updated the confidentiality
determination for 40 CFR 98.3(c)(5)(i) to clearly include importers and
exporters reporting under subpart QQ. To update the determination for
this data element, the EPA is now proposing to extend the existing
determination to include suppliers under QQ. In particular, the EPA is
proposing that this data element would not be eligible for confidential
treatment except in cases where a single product is supplied, and the
amount of that single product supplied has been determined to be
eligible for confidential treatment. Refer to Table 3 in the
memorandum, Proposed Confidentiality Determinations and Emission Data
Designations for Data Elements in Proposed Supplemental Revisions to
the Greenhouse Gas Reporting Rule, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424), for details of the
data element receiving a determination, the proposed confidentiality
determination, and the Agency's rationale for the proposed
determinations.
C. Proposed Reporting Determinations for Inputs to Emission Equations
In this section, we discuss data elements that EPA proposes to
assign to the ``Inputs to Emission Equations'' data category. This data
category includes data elements that are the inputs to the emission
equations used by sources that directly emit GHGs to calculate their
annual GHG emissions.\74\ As discussed in section VI.B.1 of the 2022
Data Quality Improvements Proposal, the EPA determined that the Argus
Leader decision does not affect our approach for handling of data
elements assigned to the ``Inputs to Emission Equations'' data
category.
---------------------------------------------------------------------------
\74\ For facilities that directly emit GHGs, part 98 includes
equations that facilities use to calculate emission values. The
``Inputs to Emission Equations'' data category includes the data
elements that facilities would be required to enter in the equations
to calculate the facility emissions values, e.g., monthly
consumption or production data or measured values from required
monitoring, such as carbon content. See 75 FR 39094, July 7, 2010
for a full description of the ``Inputs to Emission Equations'' data
category.
---------------------------------------------------------------------------
The EPA organizes data assigned to the ``Inputs to Emission
Equations'' data category into two subcategories. The first subcategory
includes ``inputs to emission equations'' that must be directly
reported to the EPA. This is done in circumstances where the EPA has
determined that the data elements do not meet the criteria necessary
for them to be entered into the IVT system. These ``inputs to emission
equations,'' once received by the EPA, are not held as confidential.
The second subcategory includes ``inputs to emission equations'' that
are entered into IVT. These ``inputs to emission equations'' are
entered into IVT to satisfy the EPA's verification requirements. These
data must be maintained as verification software records by the
submitter, but the data are not included in the annual report that is
submitted to the EPA. This is done in circumstances where the EPA has
determined that the data elements meet the criteria necessary for them
to be entered into the IVT system. Refer to the memorandum, Proposed
Reporting Determinations for Data Elements Assigned to the Inputs to
Emission Equations Data Category in Proposed Supplemental Revisions to
the Greenhouse Gas Reporting Rule, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424), for a discussion of
the criteria that we established in 2011 for evaluating whether data
assigned to the ``Inputs to Emission Equations'' data category should
be entered into the IVT system.
We are proposing to assign 32 new or substantially revised data
elements in subparts HH, WW, XX, YY, and ZZ to the ``Inputs to Emission
Equations'' data category. We evaluated each of the 32 proposed new or
substantially revised
[[Page 32909]]
data elements assigned to the ``Inputs to Emission Equations'' data
category and determined that 13 of these 32 data elements do not meet
the criteria necessary for them to be entered into the IVT system;
therefore, we propose that these 13 data elements be directly reported
to the EPA. As ``inputs to emission equations'' are emissions data,
these 13 data elements would not be eligible for confidential treatment
once directly reported to the EPA, and they would be published once
received by the EPA. Refer to Table 1 in the memorandum, Proposed
Reporting Determinations for Data Elements Assigned to the Inputs to
Emission Equations Data Category in Proposed Supplemental Revisions to
the Greenhouse Gas Reporting Rule, available in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424), for a list of these
13 data elements proposed to be designated as ``inputs to emission
equations'' that would be directly reported to the EPA and the EPA's
rationale for the proposed reporting determinations.
For the remaining 19 proposed new data elements in subparts WW, XX,
YY, and ZZ of the 32 data elements assigned to the ``Inputs to Emission
Equations'' data category and evaluated based on the criteria discussed
earlier in this section VI.C, we determined that all 19 data elements
meet the criteria necessary for them to be entered into the IVT system.
These 19 data elements include information such as quantities of
materials produced and quantities of raw materials consumed. As
documented in previous rules (refer to the list of rules specified in
section VI.A of this preamble), the EPA has generally determined that
these types of data meet the criteria necessary for them to be entered
into the IVT system (except in cases where the information is already
publicly available). Therefore, these 19 data elements in subparts WW,
XX, YY, and ZZ are not proposed to be directly reported to the EPA
(i.e., the EPA is not proposing to include these data elements as
reporting requirements), but instead these 19 data elements would be
entered into the IVT and maintained as verification software records by
the submitter. A list of these data elements is included in Table 2 of
the memorandum, Proposed Reporting Determinations for Data Elements
Assigned to the Inputs to Emission Equations Data Category in Proposed
Supplemental Revisions to the Greenhouse Gas Reporting Rule, available
in the docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-
0424). Refer to section IV of this preamble for discussion of all
proposed recordkeeping requirements of subparts WW, XX, YY, and ZZ.
D. Request for Comments on Proposed Category Assignments,
Confidentiality Determinations, or Reporting Determinations
By proposing confidentiality determinations prior to data reporting
through this proposal and rulemaking process, we are providing
potential reporters an opportunity to submit comments, particularly
comments identifying data elements proposed by the Agency to be ``not
CBI'' that reporters consider to be customarily and actually treated as
private. Likewise, we provide potential reporters an opportunity to
submit comments on whether there are disclosure concerns for data
elements proposed to be categorized as ``inputs to emission equations''
that we propose would be directly reported to the EPA via annual
reports and subsequently released by the EPA. This opportunity to
submit comments is intended to provide reporters with the opportunity
that is afforded to reporters when the EPA considers claims for
confidential treatment of information in case-by-case confidentiality
determinations under 40 CFR part 2. In addition, the comment period
provides an opportunity to respond to the EPA's proposed determinations
with more information for the Agency to consider prior to finalization.
We will evaluate the comments on our proposed determinations, including
claims of confidentiality and information substantiating such claims,
before finalizing the confidentiality determinations. Please note that
this will be reporters' only opportunity to substantiate a
confidentiality claim for data elements included in this proposed rule
where a confidentiality determination or reporting determination is
being proposed. Upon finalizing the confidentiality determinations and
reporting determinations of the data elements identified in this
proposed rule, the EPA will release or withhold these data in
accordance with 40 CFR 2.301(d), which contains special provisions
governing the treatment of part 98 data for which confidentiality
determinations have been made through rulemaking pursuant to CAA
sections 114 and 307(d).
If members of the public have reason to believe any data elements
in this proposed rule that are proposed to be treated as confidential
are not customarily and actually treated as private by reporters,
please provide comment explaining why the Agency should not provide an
assurance of confidential treatment for data. Likewise, if members of
the public have reason to disagree with the EPA's proposal that
``inputs to emission equations'' qualify to be entered into IVT and
retained as verification software records instead of being directly
reported to the EPA, please provide comment explaining why the ``inputs
to emission equations'' do not qualify to be entered into IVT, should
be directly reported to the EPA, and subsequently released by the EPA.
When submitting comments regarding the confidentiality
determinations or reporting determinations we are proposing in this
action, please identify each individual proposed new, revised, or
existing data element you consider to be confidential or do not
consider to be ``emission data'' in your comments. If the data element
has been designated as ``emission data,'' please explain why you do not
believe the information should be considered ``emission data'' as
defined in 40 CFR 2.301(a)(2)(i). If the data has not been designated
as ``emission data'' and is proposed to be not entitled to confidential
treatment, please explain specifically how the data element is
commercial or financial information that is both customarily and
actually treated as private. Particularly describe the measures
currently taken to keep the data confidential and how that information
has been customarily treated by your company and/or business sector in
the past. This explanation is based on the requirements for
confidential treatment set forth in Argus Leader. If the data element
has been designated as an ``input to an emission equation'' (i.e., not
entitled to confidential treatment) and proposed to be directly
reported to the EPA via annual reports and subsequently released by the
EPA, please explain specifically why there are disclosure concerns.
Likewise, if the data element has been designated as an ``input to an
emission equation'' that we propose would not be directly reported to
the EPA, but instead entered into IVT and retained as verification
software records, please explain specifically why there are not
disclosure concerns.
Please also discuss how this data element may be different from or
similar to data that are already publicly available, including data
already collected and published annually by the GHGRP, as applicable.
Please submit information identifying any publicly available sources of
information containing the specific data elements in question. Data
that are already available through other sources would likely be
[[Page 32910]]
found not to qualify for confidential treatment. In your comments,
please identify the manner and location in which each specific data
element you identify is publicly available, including a citation. If
the data are physically published, such as in a book, industry trade
publication, or Federal agency publication, provide the title, volume
number (if applicable), author(s), publisher, publication date, and
International Standard Book Number (ISBN) or other identifier. For data
published on a website, provide the address of the website, the date
you last visited the website and identify the website publisher and
content author. Please avoid conclusory and unsubstantiated statements,
or general assertions regarding the confidential nature of the
information.
Finally, we are not proposing new confidentiality determinations
and reporting determinations for data reporting elements proposed to be
unchanged or minimally revised because the final confidentiality
determinations and reporting determinations that the EPA made in
previous rules for these unchanged or minimally revised data elements
are unaffected by this proposed amendment and will continue to apply.
The minimally revised data elements are those where we are proposing
revisions that would not require additional or different data to be
reported. For example, under subpart P (Hydrogen Production), we are
proposing to revise the data element at 40 CFR 98.166(b)(3)(i) ``annual
quantity of hydrogen produced (metric tons)'' to read ``annual quantity
of hydrogen produced by reforming, gasification, oxidation, reaction,
or other transformation of feedstock (metric tons)'' to clarify the
reporting requirement by harmonizing the data element description with
the definition of the source category in 40 CFR 98.160(b). This
proposed change would not affect the data collected, and therefore we
are not proposing a new or revised confidentiality determination.
However, we are soliciting comment on any cases where a minor revision
would affect the previous confidentiality determination or reporting
determination. In your comments, please identify the specific data
element, including name and citation, and explain why the minor
revision would affect the previous confidentiality determination or
reporting determination.
VII. Impacts of the Proposed Amendments
The EPA is proposing amendments to part 98 where we have identified
revisions that would complement, expand on, or refine the amendments
proposed in the 2022 Data Quality Improvements Proposal as well as
additional amendments that we have determined would further enhance the
quality of part 98. The proposed revisions include revisions to the
global warming potentials in Table A-1 to subpart A of part 98,
revisions to establish requirements for new source categories and
expanding reporting for new emission sources for specific sectors,
updates to existing emissions estimation methodologies, and revisions
to collect data that would improve the EPA's understanding of the
sector-specific processes or other factors that influence GHG emission
rates, verification of collected data, or to complement or inform other
EPA programs under the CAA. We anticipate that the proposed revisions
would result in an overall increase in burden to reporters.
The primary costs associated with the rule include initial labor
and non-labor costs for reporters that are newly subject to part 98 to
come into compliance with the rule. The proposed revisions to Table A-1
to subpart A to part 98 are estimated to result in a change to the
number of reporters under subparts V, W, DD, HH, II, OO, and TT (i.e.,
where a change to GWPs would affect reporters that are currently at or
close to the 25,000 mtCO2e threshold, or that would affect a
reporter's ability to off-ramp from part 98 reporting as determined
under 40 CFR 98.2(i)). Additional revisions to the applicability of
subparts P, Y, and the proposed addition of new source categories for
energy consumption; coke calcining; calcium carbide; caprolactam,
glyoxal, and glyoxylic acid production; and ceramics manufacturing are
also anticipated to change the number of reporters reporting under
current subparts of part 98 or that are newly subject to reporting
under part 98. We also estimated costs where we are proposing to add or
revise monitoring and calculation methods that would require additional
data to be collected or estimated, and where reporters would be
required to submit additional data that we anticipate could be obtained
from existing company records or are readily available or estimated
from other data currently gathered under part 98. Where we included
proposed revisions for a source category in both the 2022 Data Quality
Improvements Proposal and in this supplemental notification, the costs
for this supplemental proposal were adjusted to account for revisions
from the 2022 Data Quality Improvements Proposal.
As discussed in section V of this preamble, we are proposing to
implement these changes for existing and new reporters on January 1,
2025, to apply to RY2025 reports.\75\ Costs have been estimated over
the three years following the year of implementation. The incremental
implementation labor costs for all subparts include $11,748,619 in
RY2025, and $7,644,140 in each subsequent year (RY2026 and RY2027). The
incremental implementation labor costs over the next three years
(RY2025 through RY2027) total $27,076,898. There is an additional
incremental burden of $3,223,041 for capital and operation and
maintenance (O&M) costs in RY2025 and $3,225,282 in each subsequent
year (RY2026 and RY2027), which reflects changes to applicability and
monitoring for subparts P, W, V, Y, DD, HH, II, OO, and TT and new
subparts B, WW, XX, YY, and ZZ. The incremental non-labor costs for
RY2025 through RY2027 total $9,673,605.
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\75\ As discussed in section V of this preamble, for existing
reporters, per the current regulations at 40 CFR 98.3(k), the
proposed amendments to the GWPs in Table A-1 to subpart A would
apply to reports submitted for RY2024 on March 31, 2025. However,
there are no costs associated with implementing GWPs for RY2024
reports because the proposed revisions would not affect the data
collection, monitoring, or calculation methodologies used by
existing reporters.
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The incremental burden for the proposed supplemental revisions is
summarized by subpart for initial and subsequent years in Table 10 of
this preamble. Note that subparts I, RR, UU, and VV include proposed
revisions that are clarifications that would not result in any changes
to burden (beyond those previously estimated in the 2022 Data Quality
Improvements Proposal) and are not included in Table 10.
[[Page 32911]]
Table 10--Annual Incremental Burden by Subpart
[$2021]
----------------------------------------------------------------------------------------------------------------
Labor costs
Number of -------------------------------- Capital and
Subpart affected Initial year Subsequent O&M
facilities RY2025 year RY2026-27
----------------------------------------------------------------------------------------------------------------
A--General Provisions \a\....................... 7,840 $64,133 $64,133 $-
B--Energy Consumption \a\....................... 7,840 8,771,243 4,700,877 489,050
C--General Stationary Fuel Combustion Sources... 346 9,906 9,906 ..............
F--Aluminum Production.......................... 7 57 57 ..............
G--Ammonia Manufacturing........................ 29 119 119 ..............
N--Glass Production............................. 100 1,227 1,227 ..............
P--Hydrogen Production \b\...................... 118 7,179 7,179 4,481
V--Nitric Acid Production c d................... 1 (2,680) (2,680) (11,085)
W--Petroleum and Natural Gas Systems \e\........ 188 2,620,418 2,620,418 2,717,864
Y--Petroleum Refineries b f..................... 6 (6,881) (6,881) (3,930)
AA--Pulp and Paper Manufacturing................ 1 104 104 ..............
DD--Electrical Transmission \c\................. 2 6,200 6,200 3,119
HH--Municipal Solid Waste Landfills............. 1,126 130,188 127,330 374
II--Industrial Wastewater Treatment \c\......... 2 5,288 4,713 3,077
OO--Suppliers of Industrial Greenhouse Gases.... 105 6,680 6,680 62
PP--Suppliers of Carbon Dioxide................. 11 135 135 ..............
QQ--Importers and Exporters of Fluorinated 33 384 384 ..............
Greenhouse Gases Contained in Pre-Charged
Equipment or Closed-Cell Foams.................
TT--Industrial Waste Landfills \c\.............. 1 4,853 3,934 62
WW--Coke Calciners \b\.......................... 15 37,847 34,525 19,649
XX--Calcium Carbide \b\ Production.............. 1 2,849 2,627 62
YY--Caprolactam, Glyoxal, and Glyoxylic Acid 6 12,285 11,089 374
Production \b\.................................
ZZ--Ceramics Production \b\..................... 34 77,083 72,062 2,121
---------------------------------------------------------------
Total....................................... .............. 11,748,619 7,664,140 3,225,282
----------------------------------------------------------------------------------------------------------------
\a\ Applies to existing direct emitters under subpart B and new reporters anticipated under subparts W, DD, HH,
II, OO, TT, WW, XX, YY, and ZZ.
\b\ Applies to reporters that may currently report under existing subparts of part 98 and that are newly subject
to reporting under part 98.
\c\ Applies to reporters estimated to be affected due to revisions to Table A-1 to subpart A only.
\d\ Reflects changes to the number of reporters able to off-ramp from reporting under the part 98 source
category.
\e\ For Subpart W, the revisions to Table A-1 included in this supplemental proposal and the revisions included
in the 2022 Data Quality Improvements Proposal would increase the number of facilities subject to the
requirements of the GHGRP. Some facilities would become subject to the requirements of the GHGRP due to either
of these proposed changes. The EPA anticipates issuing a separate proposed rulemaking to implement certain
provisions of the Methane Emissions and Waste Reduction Incentive Program that would propose further revisions
to the requirements of Subpart W and which could also change the number of facilities subject to this
subpart.\76\ The estimate included here for Subpart W in this supplemental proposal conservatively includes
all facilities that would become subject to the GHGRP due to the proposed changes to Table A-1 included in
this supplemental proposal compared to the existing requirements of the GHGRP and does not consider revisions
proposed under the 2022 Data Quality Improvement Proposal.
\f\ Reflects changes to the number of reporters with coke calciners reporting under subpart Y that would be
required to report under proposed subpart WW.
Additional information regarding the costs impacts of the proposed
amendments may be found in the memorandum, Assessment of Burden Impacts
for Proposed Supplemental Notice of Revisions for the Greenhouse Gas
Reporting Rule, available in the docket for this rulemaking (Docket Id.
No. EPA-HQ-OAR-2019-0424).
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\76\ See the entry for RIN 060-AV83 in the Fall 2022 Regulatory
Agenda at: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202210&RIN=2060-AV83.
---------------------------------------------------------------------------
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action that was submitted
to OMB for review. Any changes made in response to reviewer
recommendations have been documented in the docket for this rulemaking
(Docket Id. No. EPA-HQ-OAR-2019-0424).
B. Paperwork Reduction Act (PRA)
The information collection requirements in this supplemental
proposal have been submitted for approval to OMB under the PRA. The
Information Collection Request (ICR) document that the EPA prepared for
this supplemental proposal has been assigned OMB No. 2060-NEW (EPA ICR
number 2773.01). You can find a copy of the ICR in the docket for this
rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424), and it is briefly
summarized here.
The EPA has estimated that the supplemental proposal would result
in an increase in burden. The burden associated with the proposed rule
is primarily due to revisions to applicability, including revisions to
the global warming potentials in Table A-1 to subpart A of part 98 that
would change the number of reporters currently at or near the 25,000
mtCO2e threshold; revisions to establish requirements for
new source categories for energy consumption, coke calcining, calcium
carbide, caprolactam, glyoxal, and glyoxylic acid production, and
ceramics manufacturing; and revisions to expand reporting to include
new emission sources for specific sectors, such as the addition of
captive (non-merchant) hydrogen production facilities. The proposed
revisions would affect approximately 253 new reporters across 13 source
categories, including the hydrogen production, oil and gas, petroleum
refineries, electrical transmission and distribution, industrial
[[Page 32912]]
wastewater, municipal solid waste landfill, fluorinated GHG supplier,
and industrial landfill source categories. Additionally, there is
burden associated with the proposed revisions to existing monitoring or
emissions estimation methodologies, such as the additional time
required to conduct engineering calculations or incorporate additional
data (e.g., under subpart HH, we are proposing that reporters adjust
emissions by including count and surface measurement methane
concentration data gathered under other regulatory standards). Finally,
there is burden associated with proposed revisions to collect
additional facility production or input data that would improve the
EPA's understanding of the sector-specific processes or other factors
that influence GHG emission rates, verification of collected data, or
to complement or inform other EPA programs under the CAA.
The estimated annual average burden is 114,678 hours and
$12,250,168 over the 3 years covered by this information collection,
including $3,224,535 in non-labor costs. The labor burden costs include
$11,748,619 from revisions implemented in the first year (RY2025), and
$7,664,140 per year from revisions implemented in each subsequent year
(RY2026 and RY2027). The incremental labor burden over the next three
years (RY2025 through RY2027) totals 344,034 hours, $27,076,898 in
labor costs, and $9,673,605 in capital and O&M costs. Further
information on the EPA's assessment on the impact on burden can be
found in the memorandum, Assessment of Burden Impacts for Proposed
Revisions for the Greenhouse Gas Reporting Rule, available in the
docket for this rulemaking (Docket Id. No. EPA-HQ-OAR-2019-0424).
Respondents/affected entities: Owners and operators of facilities
that must report their GHG emissions and other data to the EPA to
comply with 40 CFR part 98.
Respondent's obligation to respond: The respondent's obligation to
respond is mandatory and the requirements in this rule are under the
authority provided in CAA section 114.
Estimated number of respondents: 7,990 (affected by proposed
amendments).
Frequency of response: Initially, annually.
Total estimated burden: 114,678 hours (annual average per year).
Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: $12,250,168 (annual average), includes
$3,224,535 annualized capital or operation & maintenance costs.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. The EPA will respond to any ICR-related
comments in the final rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs using the
interface at www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function. OMB must receive
comments no later than July 21, 2023.
C. Regulatory Flexibility Act (RFA)
I certify that this supplemental proposal would not have a
significant economic impact on a substantial number of small entities
under the RFA. The small entities subject to the requirements of this
action are small businesses across all sectors encompassed by the rule,
small governmental jurisdictions, and small non-profits. In the
development of 40 CFR part 98, the EPA determined that some small
entities are affected because their production processes emit GHGs that
must be reported, because they have stationary combustion units on site
that emit GHGs that must be reported, or because they have fuel
supplier operations for which supply quantities and GHG data must be
reported. Small Governments and small non-profits are generally
affected because they have regulated landfills or stationary combustion
units on site, or because they own a local distribution company (LDC).
In the promulgation of the 2009 rule, the EPA took several steps to
reduce the impact on small entities. For example, the EPA determined
appropriate thresholds that reduced the number of small entities
reporting (e.g., the 25,000 mtCO2e threshold used to
determine applicability under 40 CFR 98.2(a)(2)). In addition, the EPA
conducted meetings with industry associations to discuss regulatory
options and the corresponding burden on industry, such as recordkeeping
and reporting. This supplemental proposal includes amendments that
would improve the existing emissions estimation methodologies;
implement requirements to collect additional data to understand new
source categories or emissions sources; and improve the EPA's
understanding of the sector-specific processes or other factors that
influence GHG emission rates and improve verification of collected
data; and more broadly inform climate programs and policies. For
existing reporters, these changes are improvements or clarifications of
requirements that do not require new monitoring and would not
significantly increase reporter burden, or are changes that require
data that is readily available and may be obtained from company records
or estimated from existing inputs or data elements already collected
under part 98. Further, the proposed revisions in this supplemental
notification would not revise the 25,000 mtCO2e threshold or
other subpart thresholds, therefore, we do not expect a significant
number of small entities would be newly impacted under this
supplemental proposal.
Although the EPA continues to maintain thresholds that reduce the
number of small entities reporting, we evaluated the impacts of the
proposed revisions where we identified small entities could potentially
be affected and considered whether additional measures to minimize
impacts were needed. The EPA conducted a small entity analysis that
assessed the costs and impacts to small entities in three areas,
including: (1) amendments that revise the number or types of facilities
required to report (i.e., updates of the GHGRP's applicability to
certain sources), (2) changes to refine existing monitoring or
calculation methodologies, and (3) revisions to reporting and
recordkeeping requirements for data provided to the program. The
analysis provides the subparts affected, the number of small entities
affected, and the estimated impact to these entities based on the total
annualized reporting costs of the proposed rule. Details of this
analysis are presented in the memorandum, Assessment of Burden Impacts
for Proposed Supplemental Revisions for the Greenhouse Gas Reporting
Rule, available in the docket for this rulemaking (Docket Id. No. EPA-
HQ-OAR-2019-0424). Based on the results of this analysis, we concluded
that this proposed action will have no significant regulatory burden
for any directly regulated small entities and thus that this proposed
action would not have a significant economic impact on a substantial
number of small entities. The EPA continues to conduct significant
outreach on the GHGRP and
[[Page 32913]]
maintains an ``open door'' policy for stakeholders to help inform the
EPA's understanding of key issues for the industries. We continue to be
interested in the potential impacts of the proposed rule amendments on
small entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act (UMRA)
This supplemental proposal does not contain an unfunded mandate of
$100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does
not significantly or uniquely affect small Governments.
E. Executive Order 13132: Federalism
This supplemental proposal does not have federalism implications.
It will not have substantial direct effects on the states, on the
relationship between the National Government and the states, or on the
distribution of power and responsibilities among the various levels of
Government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This supplemental proposal has tribal implications. However, it
will neither impose substantial direct compliance costs on federally
recognized Tribal Governments, nor preempt tribal law. The supplemental
proposal would only have tribal implications where the tribal entity
owns a facility that directly emits GHGs above threshold levels;
therefore, relatively few (six) tribal entities would be affected. This
regulation is not anticipated to affect facilities or suppliers of
additional sectors owned by Tribal Governments.
In evaluating the potential implications for tribal entities, we
first assessed whether tribes would be affected by any proposed
revisions that expanded the universe of facilities that would report
GHG data to the EPA. The proposed rule amendments would implement
requirements to collect additional data to understand new source
categories or new emission sources for specific sectors; improve the
existing emissions estimation methodologies; and improve the EPA's
understanding of the sector-specific processes or other factors that
influence GHG emission rates and improve verification of collected
data. Of the 133 facilities that we anticipate would be newly required
to report under the proposed revisions, we do not anticipate that there
are any tribally owned facilities. As discussed in section VII of this
preamble, we expect the proposed revisions to Table A-1 to part 98 to
result in a change to the number of facilities required to report under
subparts W (Petroleum and Natural Gas Systems), V (Nitric Acid
Production), DD (Electrical Transmission and Distribution Equipment
Use), HH (MSW Landfills), II (Industrial Wastewater Treatment), OO
(Suppliers of Industrial GHGs), and TT (Industrial Waste Landfills).
However, we did not identify any potential sources in these source
categories that are owned by tribal entities not already reporting to
the GHGRP. Similarly, although we are proposing amendments that would
require that some facilities not currently subject to the GHGRP begin
reporting and implementing requirements under the program for select
new source categories, as discussed in section IV of this preamble, we
have not identified, and do not anticipate, any such affected
facilities in the proposed source categories that are owned by Tribal
Governments.
As a second step to evaluate potential tribal implications, we
evaluated whether there were any tribally owned facilities that are
currently reporting under the GHGRP that would be affected by the
proposed revisions. Tribally owned facilities currently subject to part
98 would only be subject to proposed changes that do not significantly
change the existing requirements or result in substantial new
activities because they do not require new equipment, sampling, or
monitoring. Rather, tribally owned facilities would only be subject to
new requirements where reporters would provide data that is readily
available from company records. As such, the proposed revisions would
not substantially increase reporter burden, impose significant direct
compliance costs for tribal facilities, or preempt tribal law.
Specifically, we identified ten facilities currently reporting to part
98 that are owned by six tribal parent companies. For these six parent
companies, we identified facilities in the stationary fuel combustion
(subpart C), petroleum and natural gas (subpart W), and MSW landfill
(subpart HH) source categories that may be affected by the proposed
revisions. These facilities would be affected by the proposed revisions
to subparts C and HH and the proposed addition of reporting
requirements under subpart B (Energy Consumption). For these six parent
companies, we reviewed publicly available sales and revenue data to
determine whether the parent company was a small entity and to assess
whether the costs of the proposed rule would be significant. Based on
our review, we located sales and revenue data for three of the six
parent companies (currently reporting under subparts C, W, and HH) and
were able to confirm that the costs of the proposed revisions,
including reporting of energy consumption data under proposed subpart
B, would reflect less than one half of one percent of company revenue
for these sources. The remaining three parent companies include
facilities that report under subparts C and HH, and that would be
required to report under new subpart B. Under the proposed rule, the
costs for facilities currently reporting under subparts C or HH would
be anticipated to increase by less than $100 per year per subpart. For
subpart C, this would include costs related to revisions to report
whether the facility has an electricity generating unit and the
fraction of reported emissions attributable to electricity generation
under subparts, which we do not anticipate would apply to tribal
facilities. For subpart HH, this includes time to report additional
information for landfills with gas collection systems and destruction
devices, as well as additional time to adjust estimated methane
emissions based on methane surface monitoring measurements or to use a
default lower gas collection efficiency value. Under proposed subpart
B, facilities would be anticipated to incur costs of up to $1,189 in
the first year (for planning and implementation of a Metered Energy
Monitoring Plan and associated reporting and recordkeeping) and $670 in
subsequent years (for update of the Plan and associated reporting and
recordkeeping). Based on our review of similar tribally owned
facilities and small entity analysis (discussed in VIII.C of this
preamble), we do not anticipate the proposed revisions to subparts B,
C, or HH would impose substantial direct compliance costs on the
remaining tribally owned entities.
Further, although few facilities subject to part 98 are likely to
be owned by Tribal Governments, the EPA previously sought opportunities
to provide information to Tribal Governments and representatives during
the development of the proposed and final rules for part 98 subparts
that were promulgated on October 30, 2009 (74 FR 52620), July 12, 2010
(75 FR 39736), November 30, 2010 (75 FR 74458), and December 1, 2010
(75 FR 74774 and 75 FR 75076). Consistent with the 2011 EPA Policy on
Consultation and Coordination with Indian Tribes,\77\ the
[[Page 32914]]
EPA previously consulted with tribal officials early in the process of
developing part 98 regulations to permit them to have meaningful and
timely input into its development and to provide input on the key
regulatory requirements established for these facilities. A summary of
these consultations is provided in section VIII.F of the preamble to
the final rule published on October 30, 2009 (74 FR 52620), section V.F
of the preamble to the final rule published on July 12, 2010 (75 FR
39736), section IV.F of the preamble to the re-proposal of subpart W
(Petroleum and Natural Gas Systems) published on April 12, 2010 (75 FR
18608), section IV.F of the preambles to the final rules published on
December 1, 2010 (75 FR 74774 and 75 FR 75076). As described in this
section, the proposed rule does not significantly revise the
established regulatory requirements and would not substantially change
the equipment, monitoring, or reporting activities conducted by these
facilities, or result in other substantial impacts for tribal
facilities.
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\77\ EPA Policy on Consultation and Coordination with Indian
Tribes, May 4, 2011. Available at: www.epa.gov/sites/default/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf.
---------------------------------------------------------------------------
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This supplemental proposal is not
subject to Executive Order 13045 because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The proposed amendments would implement
requirements to collect additional data to understand new source
categories or new emission sources for specific sectors; improve the
EPA's understanding of factors that influence GHG emission rates;
improve the existing emissions estimation methodologies; improve
verification of collected data; and provide additional data to
complement or inform other EPA programs. We are also proposing
revisions that clarify or update provisions that have been unclear. In
general, these changes would not substantially impact the supply,
distribution, or use of energy. The EPA is proposing to require
reporting of metered energy consumption from direct emitter facilities
that currently report under part 98 in order to gain an improved
understanding of the energy intensity (i.e., the amount of energy
required to produce a given level of product or activity) of specific
facilities or sectors, and to better inform our understanding of the
potential indirect GHG emissions associated with certain sectors. The
proposed regulations under subpart B include QA/QC requirements for
energy meters for this source category, but the EPA understands that
these meters would already be in place to monitor energy purchases.
Therefore, the proposed regulations would not require installation of
new equipment. Therefore, the proposed new subpart is not anticipated
to add significant burden for existing reporters or to impact the
supply, distribution, or use of energy. In addition to the data quality
improvements described, the EPA is proposing confidentiality
determinations for new and revised data elements in this proposed rule
and for certain existing data elements for where the EPA has determined
that the current determination is no longer appropriate. These proposed
amendments and confidentiality determinations do not make any changes
to the existing monitoring, calculation, and reporting requirements
under part 98 that would affect the supply, distribution, or use of
energy.
I. National Technology Transfer and Advancement Act
This action involves technical standards. The EPA is proposing the
use of several standards in establishing monitoring requirements in
these proposed amendments. For proposed subpart B (Energy Consumption),
the EPA is proposing that reporters must determine whether electric
meters at the facility comply with the American National Standards
Institute (ANSI) standard C12.1-2022 Electric Meters--Code for Electric
Metering or another, similar consensus standard with accuracy
specifications at least as stringent. The ANSI standard is widely
referenced in state utility commission performance standards governing
the accuracy of electric meters used for billing calculations. The
proposed standard establishes acceptable performance criteria for
electricity meters including accuracy class designations, current class
designations, voltage and frequency ratings, test current values,
service connection arrangements, pertinent dimensions, form
designations, and environmental tests. The proposed requirements under
subpart B allow for reporters to rely on manufacturer's certification,
certification from the local utility supplying the electric service and
meter, or to provide copy of written request that the existing meter be
replaced by an electrical meter that meets the accuracy specifications
of the cited ANSI standard. Additionally, the proposed requirements
allow for reporters to use another consensus standard having accuracy
specifications at least as stringent as the proposed ANSI standards
C12.1-2022. Anyone may access the standard on the ANSI website
(www.ansi.org) for additional information; the standard is available at
the following web link: https://webstore.ansi.org/standards/nema/ansic122022. The standard is available to everyone at a cost determined
by the ANSI ($423). The ANSI also offers memberships or subscriptions
that allow unlimited access to their methods. Because facilities may
rely on certifications from the meter manufacturer or the local
utility, or use an alternative consensus standard that is at least as
stringent as the proposed standards, the EPA has determined that
obtaining these methods is not a significant financial burden, making
the methods reasonably available for reporters.
The EPA is proposing amendments to subpart HH (Municipal Solid
Waste Landfills) at 40 CFR 98.344 that would allow for facilities that
elect to conduct surface methane concentration monitoring to use
measurement methods that are consistent with those already required and
standard under existing landfills regulations. The proposed amendments
would require landfill owners and operators that are already subject to
the NSPS at 40 CFR part 60, subparts WWW or XXX, the EG at 40 CFR part
60, subpart Cc of Cf, or according to the Federal plan at 40 CFR part
62, subpart GGG or OOO to follow the monitoring measurement
requirements under the NSPS, EG, or Federal plans; facilities would be
able to use the measurements collected under the existing NSPS, EG, and
Federal plan rules for estimation of emissions from cover leaks. We are
also proposing to add surface methane concentration monitoring methods
at 40 CFR 98.344 for landfill owners and operators that are not
required to conduct surface measurements according to the NSPS
[[Page 32915]]
(40 CFR part 60, subpart WWW or XXX), EG (40 CFR part 60, subparts Cc
or Cf as implemented in approved state plans), or Federal plans (40 CFR
part 62, subparts GGG or OOO), but that voluntarily elect to conduct
these surface measurements. Landfill owners and operators that are not
required to conduct surface measurements according to the NSPS (40 CFR
part 60, subpart WWW or XXX), EG (40 CFR part 60, subparts Cc or Cf),
or Federal plans (40 CFR part 62, subparts GGG or OOO) would also have
the option to use a default lower gas collection efficiency value in
lieu of monitoring. Landfill reporters that elect to conduct surface
measurements under part 98 would follow the procedures in 40 CFR
60.765(c) and (d), which must be performed in accordance with Method 21
of appendix A to part 60. Because we are proposing the option to use of
a default lower gas collection efficiency and not requiring reporters
that are not subject to the control requirements in the NSPS (40 CFR
part 60, subpart WWW or XXX), EG (40 CFR part 60, subparts Cc or Cf),
or Federal plans (40 CFR part 62, subparts GGG or OOO) to perform this
surface methane concentration monitoring, the use of Method 21 is
voluntary for those reporters. Therefore, the EPA has determined that
use of Method 21 is not a significant financial burden and would be
reasonably available for reporters.
The EPA previously proposed to allow the use of the ISO standard
designated as CSA/ANSI ISO 27916:2019, Carbon Dioxide Capture,
Transportation and Geological Storage--Carbon Dioxide Storage Using
Enhanced Oil Recovery (CO2-EOR) (2019) consistent with the proposed
addition of proposed subpart VV (Geologic Sequestration of Carbon
Dioxide With Enhanced Oil Recovery Using ISO 27916) in the 2022 Data
Quality Improvements Proposal (87 FR 37035). The EPA also previously
proposed paragraph 98.470(c) of subpart UU (Injection of Carbon
Dioxide) to indicate that facilities that report under proposed subpart
VV would not be required to report under subpart UU. In this
supplemental action, the EPA is re-proposing section 40 CFR 98.470,
section 40 CFR 98.480, and section 40 CFR 98.481 to clarify the
applicability of the rule. The re-proposed section 98.480 would require
that facilities that elect to use the CSA/ANSI ISO 27916:2019 method
for the purpose of quantifying geologic sequestration of CO2
in association with EOR operations would be required to report under
proposed subpart VV. The re-proposed sections 40 CFR 98.470 and 40 CFR
98.481 clarify that CO2-EOR projects previously reporting
under subpart UU that begin using CSA/ANSI ISO 27916:2019 part-way
through a reporting year must report under subpart UU for the portion
of the year before CSA/ANSI ISO 27916:2019 was used and report under
subpart VV for the portion of the year once CSA/ANSI ISO 27916:2019
began to be used and thereafter. Our supporting analysis in the 2022
Data Quality Improvements Proposal regarding the availability and the
cost of obtaining the ISO standard are the same for this re-proposal,
and we reiterate that the proposed amendments to subparts UU and VV
would not impose a significant financial burden for reporters, as the
proposed rule would apply to reporters that elect to use CSA/ANSI ISO
27916:2019 for quantifying their geologic sequestration of
CO2 in association with EOR operations.
The EPA also proposes to allow the use of any one of the following
standards for coke calcining facilities subject to proposed new subpart
WW: (1) ASTM D3176-15 Standard Practice for Ultimate Analysis of Coal
and Coke, (2) ASTM D5291-16 Standard Test Methods for Instrumental
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products
and Lubricants, and (3) ASTM D5373-21 Standard Test Methods for
Determination of Carbon, Hydrogen, and Nitrogen in Analysis Samples of
Coal and Carbon in Analysis Samples of Coal and Coke. These proposed
methods are used to determine the carbon content of petroleum coke. The
EPA currently allows for the use of an earlier version of these
proposed standard methods for the instrumental determination of carbon
content in laboratory samples of petroleum coke in other sections of
part 98, including the use of ASTM D3176-89, ASTM D5291-02, and ASTM
D5373-08 in 40 CFR 98.244(b) (subpart X--Petrochemical Production) and
40 CFR 98.254(i) (subpart Y--Petroleum Refineries). The EPA is
proposing to allow the use of the updated versions of these standards
(ASTM D3176-15, ASTM D5291-16, and ASTM D5373-21) to determine the
carbon content of petroleum coke for proposed subpart WW (Coke
Calciners). Anyone may access the standards on the ASTM website
(www.astm.org/) for additional information. These standards are
available to everyone at a cost determined by the ASTM (between $48 and
$60 per method). The ASTM also offers memberships or subscriptions that
allow unlimited access to their methods. The cost of obtaining these
methods is not a significant financial burden, making the methods
reasonably available for reporters.
We are also proposing to allow the use of the following standard
for coke calciners subject to subpart WW: Specifications, Tolerances,
and Other Technical Requirements For Weighing and Measuring Devices,
NIST Handbook 44 (2022). The EPA currently allows for the use of an
earlier version of the proposed standard methods (Specifications,
Tolerances, and Other Technical Requirements For Weighing and Measuring
Devices, NIST Handbook 44 (2009)) for the calibration and maintenance
of instruments used for weighing of mass of samples of petroleum coke
in other sections of part 98, including 40 CFR 98.244(b) (subpart X).
The EPA is proposing to allow the use of the updated versions of these
standards (Specifications, Tolerances, and Other Technical Requirements
For Weighing and Measuring Devices, NIST Handbook 44 (2022)) for
performing mass measurements of petroleum coke for proposed subpart WW
(Coke Calciners). Anyone may access the standards on the NIST website
(www.nist.gov/index.html) for additional information. These standards
are available to everyone at no cost, therefore the methods are
reasonably available for reporters.
The EPA proposes to allow the use of one of the following standards
for calcium carbide production facilities subject to proposed subpart
XX (Calcium Carbide Production): (1) ASTM D5373-08 Standard Test
Methods for Instrumental Determination of Carbon, Hydrogen, and
Nitrogen in Laboratory Samples of Coal, or (2) ASTM C25-06, Standard
Test Methods for Chemical Analysis of Limestone, Quicklime, and
Hydrated Lime. ASTM D5373-08 addresses the determination of carbon in
the range of 54.9 percent m/m to 84.7 percent m/m, hydrogen in the
range of 3.25 percent m/m to 5.10 percent m/m, and nitrogen in the
range of 0.57 percent m/m to 1.80 percent m/m in the analysis sample of
coal. The EPA currently allows for the use of ASTM D5373-08 in other
sections of part 98, including in 40 CFR 98.244(b) (subpart X--
Petrochemical Production), 40 CFR 98.284(c) (subpart BB--Silicon
Carbide Production), and 40 CFR 98.314(c) (subpart EE--Titanium
Production) for the instrumental determination of carbon content in
laboratory samples. Therefore, we are proposing to allow the use of
ASTM D5373-08 for determination of carbon content of materials
consumed, used, or produced at calcium carbide facilities.
[[Page 32916]]
The EPA currently allows for the use of ASTM C25-06 in other sections
of part 98, including in 40 CFR 98.194(c) (subpart S--Lime Production)
for chemical composition analysis of lime products and calcined
byproducts and in 40 CFR 98.184(b) (subpart R--Lead Production) for
analysis of flux materials such as limestone or dolomite. ASTM C25-06
addresses the chemical analysis of high-calcium and dolomitic
limestone, quicklime, and hydrated lime. We are proposing to allow the
use of ASTM C25-06 for determination of carbon content of materials
consumed, used, or produced at calcium carbide facilities, including
analysis of materials such as limestone or dolomite. Anyone may access
the standards on the ASTM website (www.astm.org/) for additional
information. These standards are available to everyone at a cost
determined by the ASTM (between $64 and $92 per method). The ASTM also
offers memberships or subscriptions that allow unlimited access to
their methods. The cost of obtaining these methods is not a significant
financial burden, making the methods reasonably available for
reporters.
The EPA is not proposing to require the use of specific consensus
standards for proposed new subparts YY (Caprolactam, Glyoxal, and
Glyoxylic Acid Production) or ZZ (Ceramics Production), or for other
proposed amendments to part 98.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color) and low-income
populations.
The EPA believes that this proposed action does not directly
concern human health or environmental conditions and therefore cannot
be evaluated with respect to potentially disproportionate and adverse
effects on people of color, low-income populations and/or indigenous
peoples. This action does not affect the level of protection provided
to human health or the environment, but instead, addresses information
collection and reporting procedures.
K. Determination Under CAA Section 307(d)
Pursuant to CAA section 307(d)(1)(V), the Administrator determines
that this supplemental proposal is subject to the provisions of CAA
section 307(d). Section 307(d)(1)(V) of the CAA provides that the
provisions of CAA section 307(d) apply to ``such other actions as the
Administrator may determine.''
List of Subjects in 40 CFR Part 98
Environmental protection, Greenhouse gases, Reporting and
recordkeeping requirements, Suppliers.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend title 40, chapter I, of the Code of
Federal Regulations as follows:
PART 98--MANDATORY GREENHOUSE GAS REPORTING
0
1. The authority citation for part 98 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart A--General Provision
0
2. Amend Sec. 98.2 by revising paragraphs (a)(1), (a)(2), and (a)(3)
introductory text as follows:
Sec. 98.2 Who must report?
(a) * * *
(1) A facility that contains any source category that is listed in
Table A-3 of this subpart. For these facilities, the annual GHG report
must cover energy consumption (subpart B of this part), stationary fuel
combustion sources (subpart C of this part), miscellaneous use of
carbonates (subpart U of this part), and all applicable source
categories listed in Tables A-3 and A-4 of this subpart.
(2) A facility that contains any source category that is listed in
Table A-4 of this subpart and that emits 25,000 metric tons
CO2e or more per year in combined emissions from stationary
fuel combustion units, miscellaneous uses of carbonate, and all
applicable source categories that are listed in Table A-3 and Table A-4
of this subpart. For these facilities, the annual GHG report must cover
energy consumption (subpart B of this part), stationary fuel combustion
sources (subpart C of this part), miscellaneous use of carbonates
(subpart U of this part), and all applicable source categories listed
in Table A-3 and Table A-4 of this subpart.
(3) A facility that in any calendar year starting in 2010 meets all
three of the conditions listed in this paragraph (a)(3). For these
facilities, the annual GHG report must cover energy consumption
(subpart B of this part) and emissions from stationary fuel combustion
sources.
* * * * *
0
3. Amend Sec. 98.3 by:
0
a. Revising paragraph (c)(4) introductory text;
0
b. Redesignating paragraphs (c)(4)(iv) and (v) as paragraphs (c)(4)(v)
and (vi), respectively;
0
c. Adding new paragraph (c)(4)(iv);
0
d. Revising paragraphs (k)(1), (2), and (3);
0
e. Revising paragraphs (l)(1) introductory text, (l)(2) introductory
text, (l)(2)(i), (l)(2)(ii)(C), (D), and (E), and (l)(2)(iii).
The revisions and additions read as follows:
Sec. 98.3 What are the general monitoring, reporting, recordkeeping
and verification requirements of this part?
* * * * *
(c) * * *
(4) For facilities, except as otherwise provided in paragraph
(c)(12) of this section, report annual emissions of CO2,
CH4, N2O, each fluorinated GHG (as defined in
Sec. 98.6), and each fluorinated heat transfer fluid (as defined in
Sec. 98.98), as well as annual quantities of electricity and thermal
energy purchases, as follows.
* * * * *
(iv) Annual quantity of electricity purchased expressed in
kilowatt-hours (kWh) and annual quantity of thermal energy purchased
expressed in mmBtu for all applicable source categories, per the
requirements of subpart B of this part.
(v) Except as provided in paragraph (c)(4)(vii) of this section,
emissions and other data for individual units, processes, activities,
and operations as specified in the ``Data reporting requirements''
section of each applicable subpart of this part.
(vi) Indicate (yes or no) whether reported emissions include
emissions from a cogeneration unit located at the facility.
* * * * *
(k) * * *
(1) A facility or supplier that first becomes subject to part 98
due to a change in the GWP for one or more compounds in Table A-1 of
this subpart, Global Warming Potentials, is not required to submit an
annual GHG report for the reporting year during which the change in
GWPs is published
[[Page 32917]]
in the Federal Register as a final rulemaking.
(2) A facility or supplier that was already subject to one or more
subparts of part 98 but becomes subject to one or more additional
subparts due to a change in the GWP for one or more compounds in Table
A-1 of this subpart, is not required to include those subparts to which
the facility is subject only due to the change in the GWP in the annual
GHG report submitted for the reporting year during which the change in
GWPs is published in the Federal Register as a final rulemaking.
(3) Starting on January 1 of the year after the year during which
the change in GWPs is published in the Federal Register as a final
rulemaking, facilities or suppliers identified in paragraph (k)(1) or
(2) of this section must start monitoring and collecting GHG data in
compliance with the applicable subparts of part 98 to which the
facility is subject due to the change in the GWP for the annual
greenhouse gas report for that reporting year, which is due by March 31
of the following calendar year.
* * * * *
(l) * * *
(1) Best available monitoring methods. From January 1 to March 31
of the year after the year during which the change in GWPs is published
in the Federal Register as a final rulemaking, owners or operators
subject to this paragraph (l) may use best available monitoring methods
for any parameter (e.g., fuel use, feedstock rates) that cannot
reasonably be measured according to the monitoring and QA/QC
requirements of a relevant subpart. The owner or operator must use the
calculation methodologies and equations in the ``Calculating GHG
Emissions'' sections of each relevant subpart, but may use the best
available monitoring method for any parameter for which it is not
reasonably feasible to acquire, install, and operate a required piece
of monitoring equipment by January 1 of the year after the year during
which the change in GWPs is published in the Federal Register as a
final rulemaking. Starting no later than April 1 of the year after the
year during which the change in GWPs is published, the owner or
operator must discontinue using best available methods and begin
following all applicable monitoring and QA/QC requirements of this
part, except as provided in paragraph (l)(2) of this section. Best
available monitoring methods means any of the following methods:
* * * * *
(2) Requests for extension of the use of best available monitoring
methods. The owner or operator may submit a request to the
Administrator to use one or more best available monitoring methods
beyond March 31 of the year after the year during which the change in
GWPs is published in the Federal Register as a final rulemaking.
(i) Timing of request. The extension request must be submitted to
EPA no later than January 31 of the year after the year during which
the change in GWPs is published in the Federal Register as a final
rulemaking.
(ii) * * *
(C) A description of the reasons that the needed equipment could
not be obtained and installed before April 1 of the year after the year
during which the change in GWPs is published in the Federal Register as
a final rulemaking.
(D) If the reason for the extension is that the equipment cannot be
purchased and delivered by April 1 of the year after the year during
which the change in GWPs is published in the Federal Register as a
final rulemaking, include supporting documentation such as the date the
monitoring equipment was ordered, investigation of alternative
suppliers and the dates by which alternative vendors promised delivery,
backorder notices or unexpected delays, descriptions of actions taken
to expedite delivery, and the current expected date of delivery.
(E) If the reason for the extension is that the equipment cannot be
installed without a process unit shutdown, include supporting
documentation demonstrating that it is not practicable to isolate the
equipment and install the monitoring instrument without a full process
unit shutdown. Include the date of the most recent process unit
shutdown, the frequency of shutdowns for this process unit, and the
date of the next planned shutdown during which the monitoring equipment
can be installed. If there has been a shutdown or if there is a planned
process unit shutdown between November 29 of the year during which the
change in GWPs is published in the Federal Register as a final
rulemaking and April 1 of the year after the year during which the
change in GWPs is published, include a justification of why the
equipment could not be obtained and installed during that shutdown.
* * * * *
(iii) Approval criteria. To obtain approval, the owner or operator
must demonstrate to the Administrator's satisfaction that it is not
reasonably feasible to acquire, install, and operate a required piece
of monitoring equipment by April 1 of the year after the year during
which the change in GWPs is published in the Federal Register as a
final rulemaking. The use of best available methods under this
paragraph (l) will not be approved beyond December 31 of the year after
the year during which the change in GWPs is published.
0
4. Amend Sec. 98.6 by:
0
a. Adding a definition for ``Cyclic'' and ``Fluorinated heat transfer
fluids'' in alphabetic order;
0
b. Revising the definitions for ``Bulk''; ``Fluorinated greenhouse
gas'', ``Fluorinated greenhouse gas (GHG) group'', ``Greenhouse gas or
GHG'', and ``Process vent'';
0
c. Removing the definition for ``Other fluorinated GHGs''; and
0
d. Adding definitions for ``Remaining fluorinated GHGs'', ``Saturated
chlorofluorocarbons (CFCs)'', ``Unsaturated bromochlorofluorocarbons
(BCFCs)'', ``Unsaturated bromofluorocarbons (BFCs)'', ``Unsaturated
chlorofluorocarbons (CFCs), ``Unsaturated hydrobromochlorofluorocarbons
(HBCFCs)'', and ``Unsaturated hydrobromofluorocarbons (HBFCs)'' in
alphabetic order.
The revisions and additions read as follows:
Sec. 98.6 Definitions.
* * * * *
Bulk, with respect to industrial GHG suppliers and CO2
suppliers, means a transfer of gas in any amount that is in a container
for the transportation or storage of that substance such as cylinders,
drums, ISO tanks, and small cans. An industrial gas or CO2
that must first be transferred from a container to another container,
vessel, or piece of equipment in order to realize its intended use is a
bulk substance. An industrial GHG or CO2 that is contained
in a manufactured product such as electrical equipment, appliances,
aerosol cans, or foams is not a bulk substance.
* * * * *
Cyclic, in the context of fluorinated GHGs, means a fluorinated GHG
in which three or more carbon atoms are connected to form a ring.
* * * * *
Fluorinated greenhouse gas (GHG) means sulfur hexafluoride
(SF6), nitrogen trifluoride (NF3), and any
fluorocarbon except for controlled substances as defined at 40 CFR part
82, subpart A and substances with vapor pressures of less than 1 mm of
Hg absolute at 25 degrees C. With these exceptions, ``fluorinated GHG''
includes but is not limited to any hydrofluorocarbon, any
[[Page 32918]]
perfluorocarbon, any fully fluorinated linear, branched or cyclic
alkane, ether, tertiary amine or aminoether, any perfluoropolyether,
and any hydrofluoropolyether.
Fluorinated greenhouse gas (GHG) group means one of the following
sets of fluorinated GHGs:
(1) Fully fluorinated GHGs;
(2) Saturated hydrofluorocarbons with two or fewer carbon-hydrogen
bonds;
(3) Saturated hydrofluorocarbons with three or more carbon-hydrogen
bonds;
(4) Saturated hydrofluoroethers and hydrochlorofluoroethers with
one carbon-hydrogen bond;
(5) Saturated hydrofluoroethers and hydrochlorofluoroethers with
two carbon-hydrogen bonds;
(6) Saturated hydrofluoroethers and hydrochlorofluoroethers with
three or more carbon-hydrogen bonds;
(7) Saturated chlorofluorocarbons (CFCs);
(8) Fluorinated formates;
(9) Cyclic forms of the following: unsaturated perfluorocarbons
(PFCs), unsaturated HFCs, unsaturated CFCs, unsaturated
hydrochlorofluorocarbons (HCFCs), unsaturated bromofluorocarbons
(BFCs), unsaturated bromochlorofluorocarbons (BCFCs), unsaturated
hydrobromofluorocarbons (HBFCs), unsaturated
hydrobromochlorofluorocarbons (HBCFCs), unsaturated halogenated ethers,
and unsaturated halogenated esters;
(10) Fluorinated acetates, carbonofluoridates, and fluorinated
alcohols other than fluorotelomer alcohols;
(11) Fluorinated aldehydes, fluorinated ketones and non-cyclic
forms of the following: unsaturated PFCs, unsaturated HFCs, unsaturated
CFCs, unsaturated HCFCs, unsaturated BFCs, unsaturated BCFCs,
unsaturated HBFCs, unsaturated HBCFCs, unsaturated halogenated ethers,
and unsaturated halogenated esters;
(12) Fluorotelomer alcohols;
(13) Fluorinated GHGs with carbon-iodine bonds; or
(14) Remaining fluorinated GHGs.
Fluorinated heat transfer fluids means fluorinated GHGs used for
temperature control, device testing, cleaning substrate surfaces and
other parts, other solvent applications, and soldering in certain types
of electronics manufacturing production processes and in other
industries. Fluorinated heat transfer fluids do not include fluorinated
GHGs used as lubricants or surfactants in electronics manufacturing.
For fluorinated heat transfer fluids, the lower vapor pressure limit of
1 mm Hg in absolute at 25 [deg]C in the definition of ``fluorinated
greenhouse gas'' in Sec. 98.6 shall not apply. Fluorinated heat
transfer fluids include, but are not limited to, perfluoropolyethers
(including PFPMIE), perfluoroalkylamines, perfluoroalkylmorpholines,
perfluoroalkanes, perfluoroethers, perfluorocyclic ethers, and
hydrofluoroethers. Fluorinated heat transfer fluids include HFC-43-
10meee but do not include other hydrofluorocarbons.
* * * * *
Greenhouse gas or GHG means carbon dioxide (CO2),
methane (CH4), nitrous oxide (N2O), and
fluorinated greenhouse gases (GHGs) as defined in this section.
* * * * *
Process vent means a gas stream that: Is discharged through a
conveyance to the atmosphere either directly or after passing through a
control device; originates from a unit operation, including but not
limited to reactors (including reformers, crackers, and furnaces, and
separation equipment for products and recovered byproducts); and
contains or has the potential to contain GHG that is generated in the
process. Process vent does not include safety device discharges,
equipment leaks, gas streams routed to a fuel gas system or to a flare,
discharges from storage tanks.
* * * * *
Remaining fluorinated GHGs means fluorinated GHGs that are none of
the following:
(1) Fully fluorinated GHGs;
(2) Saturated hydrofluorocarbons with two or fewer carbon-hydrogen
bonds;
(3) Saturated hydrofluorocarbons with three or more carbon-hydrogen
bonds;
(4) Saturated hydrofluoroethers and hydrochlorofluoroethers with
one carbon-hydrogen bond;
(5) Saturated hydrofluoroethers and hydrochlorofluoroethers with
two carbon-hydrogen bonds;
(6) Saturated hydrofluoroethers and hydrochlorofluoroethers with
three or more carbon-hydrogen bonds;
(7) Saturated chlorofluorocarbons (CFCs);
(8) Fluorinated formates;
(9) Cyclic forms of the following: unsaturated perfluorocarbons
(PFCs), unsaturated HFCs, unsaturated CFCs, unsaturated
hydrochlorofluorocarbons (HCFCs), unsaturated bromofluorocarbons
(BFCs), unsaturated bromochlorofluorocarbons (BCFCs), unsaturated
hydrobromofluorocarbons (HBFCs), unsaturated
hydrobromochlorofluorocarbons (HBCFCs), unsaturated halogenated ethers,
and unsaturated halogenated esters;
(10) Fluorinated acetates, carbonofluoridates, and fluorinated
alcohols other than fluorotelomer alcohols;
(11) Fluorinated aldehydes, fluorinated ketones and non-cyclic
forms of the following: unsaturated PFCs, unsaturated HFCs, unsaturated
CFCs, unsaturated HCFCs, unsaturated BFCs, unsaturated BCFCs,
unsaturated HBFCs, unsaturated HBCFCs, unsaturated halogenated ethers,
and unsaturated halogenated esters;
(12) Fluorotelomer alcohols; or
(13) Fluorinated GHGs with carbon-iodine bonds.
* * * * *
Saturated chlorofluorocarbons (CFCs) means fluorinated GHGs that
contain only chlorine, fluorine, and carbon and that contain only
single bonds.
* * * * *
Unsaturated bromochlorofluoro-carbons (BCFCs) means fluorinated
GHGs that contain only bromine, chlorine, fluorine, and carbon and that
contain one or more bonds that are not single bonds.
Unsaturated bromofluorocarbons (BFCs) means fluorinated GHGs that
contain only bromine, fluorine, and carbon and that contain one or more
bonds that are not single bonds.
Unsaturated chlorofluoro-carbons (CFCs) means fluorinated GHGs that
contain only chlorine, fluorine, and carbon and that contain one or
more bonds that are not single bonds.
* * * * *
Unsaturated hydrobromochlorofluoro-carbons (HBCFCs) means
fluorinated GHGs that contain only hydrogen, bromine, chlorine,
fluorine, and carbon and that contain one or more bonds that are not
single bonds.
Unsaturated hydrobromofluoro carbons (HBFCs) means fluorinated GHGs
that contain only hydrogen, bromine, fluorine, and carbon and that
contain one or more bonds that are not single bonds.
* * * * *
0
5. Amend Sec. 98.7 by:
0
a. Adding paragraph (a);
0
b. Revising paragraphs (e)(1), (e)(18), (e)(26), (e)(27), and (i)(1);
and
0
c. Adding paragraphs (e)(50) through (52), (g)(6) and (i)(2).
Sec. 98.7 What standardized methods are incorporated by reference
into this part?
* * * * *
(a) The following material is available for purchase from the
American National Standards Institute (ANSI), 25 W 43rd Street, 4th
Floor, New York, NY 10036, Telephone (212) 642-4980, and is also
available at the following website: http://www.ansi.org.
[[Page 32919]]
(1) ANSI C12.1-2022 Electric Meters--Code for Electricity Metering,
incorporation by reference (IBR) approved for Sec. 98.24(b).
(2) [Reserved]
* * * * *
(e) * * *
(1) ASTM C25-06 Standard Test Method for Chemical Analysis of
Limestone, Quicklime, and Hydrated Lime, incorporation by reference
(IBR) approved for Sec. Sec. 98.114(b), 98.174(b), 98.184(b),
98.194(c), 98.334(b), and 98.504(b).
* * * * *
(18) ASTM D3176-89 (Reapproved 2002) Standard Practice for Ultimate
Analysis of Coal and Coke, IBR approved for Sec. Sec. 98.74(c),
98.164(b), 98.244(b), 98.284(c), 98.284(d), 98.314(c), 98.314(d), and
98.314(f).
* * * * *
(26) ASTM D5291-02 (Reapproved 2007) Standard Test Methods for
Instrumental Determination of Carbon, Hydrogen, and Nitrogen in
Petroleum Products and Lubricants, IBR approved for Sec. Sec.
98.74(c), 98.164(b), and 98.244(b).
(27) ASTM D5373-08 Standard Test Methods for Instrumental
Determination of Carbon, Hydrogen, and Nitrogen in Laboratory Samples
of Coal, IBR approved for Sec. Sec. 98.74(c), 98.114(b), 98.164(b),
98.174(b), 98.184(b), 98.244(b), 98.274(b), 98.284(c), 98.284(d),
98.314(c), 98.314(d), 98.314(f), 98.334(b), and 98.504(b).
* * * * *
(50) ASTM D3176-15 Standard Practice for Ultimate Analysis of Coal
and Coke, IBR approved for Sec. 98.494(c).
(51) ASTM D5291-16 Standard Test Methods for Instrumental
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products
and Lubricants, IBR approved for Sec. 98.494(c).
(52) ASTM D5373-21 Standard Test Methods for Determination of
Carbon, Hydrogen, and Nitrogen in Analysis Samples of Coal and Carbon
in Analysis Samples of Coal and Coke, IBR approved for Sec. 98.494(c).
* * * * *
(g) * * *
(6) CSA/ANSI ISO 27916:19, Carbon dioxide capture, transportation
and geological storage--Carbon dioxide storage using enhanced oil
recovery (CO2-EOR). Edition 1. January 2019; IBR approved
for Sec. Sec. 98.470(c), 98.480(a), 98.481(a), 98.481(b), 98.481(c),
98.482, 98.483, 98.484, 98.485, 98.486(g), 98.487, 98.488(a)(5), and
98.489.
* * * * *
(i) * * *
(1) Specifications, Tolerances, and Other Technical Requirements
For Weighing and Measuring Devices, NIST Handbook 44 (2009),
incorporation by reference (IBR) approved for Sec. Sec. 98.244(b) and
98.344(a).
(2) Specifications, Tolerances, and Other Technical Requirements
For Weighing and Measuring Devices, NIST Handbook 44 (2022), IBR
approved for Sec. 98.494(b).
* * * * *
0
6. Revise table A-1 to subpart A of part 98 to read as follows:
Table A-1 to Subpart A of Part 98--Global Warming Potentials
[100-Year time horizon]
----------------------------------------------------------------------------------------------------------------
Global warming
Name CAS No. Chemical formula potential (100
yr.)
----------------------------------------------------------------------------------------------------------------
Chemical-Specific GWPs
----------------------------------------------------------------------------------------------------------------
Carbon dioxide................................ 124-38-9 CO2............................. 1
Methane....................................... 74-82-8 CH4............................. \a\ \d\ 28
Nitrous oxide................................. 10024-97-2 N2O............................. \a\ \d\ 265
----------------------------------------------------------------------------------------------------------------
Fully Fluorinated GHGs
----------------------------------------------------------------------------------------------------------------
Sulfur hexafluoride........................... 2551-62-4 SF6............................. \a\ \d\ 23,500
Trifluoromethyl sulphur pentafluoride......... 373-80-8 SF5CF3.......................... \d\ 17,400
Nitrogen trifluoride.......................... 7783-54-2 NF3............................. \d\ 16,100
PFC-14 (Perfluoromethane)..................... 75-73-0 CF4............................. \a\ \d\ 6,630
PFC-116 (Perfluoroethane)..................... 76-16-4 C2F6............................ \a\ \d\ 11,100
PFC-218 (Perfluoropropane).................... 76-19-7 C3F8............................ \a\ \d\ 8,900
Perfluorocyclopropane......................... 931-91-9 c-C3F6.......................... \d\ 9,200
PFC-3-1-10 (Perfluorobutane).................. 355-25-9 C4F10........................... \a\ \d\ 9,200
PFC-318 (Perfluorocyclobutane)................ 115-25-3 c-C4F8.......................... \a\ \d\ 9,540
Perfluorotetrahydrofuran...................... 773-14-8 c-C4F8O......................... \e\ 13,900
PFC-4-1-12 (Perfluoropentane)................. 678-26-2 C5F12........................... \a\ \d\ 8,550
PFC-5-1-14 (Perfluorohexane, FC-72)........... 355-42-0 C6F14........................... \a\ \d\ 7,910
PFC-6-1-12.................................... 335-57-9 C7F16; CF3(CF2)5CF3............. \b\ 7,820
PFC-7-1-18.................................... 307-34-6 C8F18; CF3(CF2)6CF3............. \b\ 7,620
PFC-9-1-18.................................... 306-94-5 C10F18.......................... \d\ 7,190
PFPMIE (HT-70)................................ NA CF3OCF(CF3)CF2OCF2OCF3.......... \d\ 9,710
Perfluorodecalin (cis)........................ 60433-11-6 Z-C10F18........................ \b\ \d\ 7,240
Perfluorodecalin (trans)...................... 60433-12-7 E-C10F18........................ \b\ \d\ 6,290
Perfluorotriethylamine........................ 359-70-6 N(C2F5)3........................ \e\ 10,300
Perfluorotripropylamine....................... 338-83-0 N(CF2CF2CF3)3................... \e\ 9,030
Perfluorotributylamine........................ 311-89-7 N(CF2CF2CF2CF3)3................ \e\ 8,490
Perfluorotripentylamine....................... 338-84-1 N(CF2CF2CF2CF2CF3)3............. \e\ 7,260
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluorocarbons (HFCs) With Two or Fewer Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
(4s,5s)-1,1,2,2,3,3,4,5-octafluorocyclopentane 158389-18-5 trans-cyc (-CF2CF2CF2CHFCHF-)... \e\ 258
HFC-23........................................ 75-46-7 CHF3............................ \a\ \d\ 12,400
HFC-32........................................ 75-10-5 CH2F2........................... \a\ \d\ 677
HFC-125....................................... 354-33-6 C2HF5........................... \a\ \d\ 3,170
HFC-134....................................... 359-35-3 C2H2F4.......................... \a\ \d\ 1,120
HFC-134a...................................... 811-97-2 CH2FCF3......................... \a\ \d\ 1,300
HFC-227ca..................................... 2252-84-8 CF3CF2CHF2...................... \b\ 2,640
HFC-227ea..................................... 431-89-0 C3HF7........................... \a\ \d\ 3,350
HFC-236cb..................................... 677-56-5 CH2FCF2CF3...................... \d\ 1,210
HFC-236ea..................................... 431-63-0 CHF2CHFCF3...................... \d\ 1,330
[[Page 32920]]
HFC-236fa..................................... 690-39-1 C3H2F6.......................... \a\ \d\ 8,060
HFC-329p...................................... 375-17-7 CHF2CF2CF2CF3................... \b\ 2,360
HFC-43-10mee.................................. 138495-42-8 CF3CFHCFHCF2CF3................. \a\ \d\ 1,650
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluorocarbons (HFCs) With Three or More Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
1,1,2,2,3,3-hexafluorocyclopentane............ 123768-18-3 cyc (-CF2CF2CF2CH2CH2-)......... \e\ 120
1,1,2,2,3,3,4-heptafluorocyclopentane......... 15290-77-4 cyc (-CF2CF2CF2CHFCH2-)......... \e\ 231
HFC-41........................................ 593-53-3 CH3F............................ \a\ \d\ 116
HFC-143....................................... 430-66-0 C2H3F3.......................... \a\ \d\ 328
HFC-143a...................................... 420-46-2 C2H3F3.......................... \a\ \d\ 4,800
HFC-152....................................... 624-72-6 CH2FCH2F........................ \d\ 16
HFC-152a...................................... 75-37-6 CH3CHF2......................... \a\ \d\ 138
HFC-161....................................... 353-36-6 CH3CH2F......................... \d\ 4
HFC-245ca..................................... 679-86-7 C3H3F5.......................... \a\ \d\ 716
HFC-245cb..................................... 1814-88-6 CF3CF2CH3....................... \b\ 4,620
HFC-245ea..................................... 24270-66-4 CHF2CHFCHF2..................... \b\ 235
HFC-245eb..................................... 431-31-2 CH2FCHFCF3...................... \b\ 290
HFC-245fa..................................... 460-73-1 CHF2CH2CF3...................... \d\ 858
HFC-263fb..................................... 421-07-8 CH3CH2CF3....................... \b\ 76
HFC-272ca..................................... 420-45-1 CH3CF2CH3....................... \b\ 144
HFC-365mfc.................................... 406-58-6 CH3CF2CH2CF3.................... \d\ 804
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluoroethers (HFEs) and Hydrochlorofluoroethers (HCFEs) With One Carbon-Hydrogen Bond
----------------------------------------------------------------------------------------------------------------
HFE-125....................................... 3822-68-2 CHF2OCF3........................ \d\ 12,400
HFE-227ea..................................... 2356-62-9 CF3CHFOCF3...................... \d\ 6,450
HFE-329mcc2................................... 134769-21-4 CF3CF2OCF2CHF2.................. \d\ 3,070
HFE-329me3.................................... 428454-68-6 CF3CFHCF2OCF3................... \b\ 4,550
1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2- 3330-15-2 CF3CF2CF2OCHFCF3................ \b\ 6,490
tetrafluoroethoxy)-propane.
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs With Two Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFE-134 (HG-00)............................... 1691-17-4 CHF2OCHF2....................... \d\ 5,560
HFE-236ca..................................... 32778-11-3 CHF2OCF2CHF2.................... \b\ 4,240
HFE-236ca12 (HG-10)........................... 78522-47-1 CHF2OCF2OCHF2................... \d\ 5,350
HFE-236ea2 (Desflurane)....................... 57041-67-5 CHF2OCHFCF3..................... \d\ 1,790
HFE-236fa..................................... 20193-67-3 CF3CH2OCF3...................... \d\ 979
HFE-338mcf2................................... 156053-88-2 CF3CF2OCH2CF3................... \d\ 929
HFE-338mmz1................................... 26103-08-2 CHF2OCH(CF3)2................... \d\ 2,620
HFE-338pcc13 (HG-01).......................... 188690-78-0 CHF2OCF2CF2OCHF2................ \d\ 2,910
HFE-43-10pccc (H-Galden 1040x, HG-11)......... E1730133 CHF2OCF2OC2F4OCHF2.............. \d\ 2,820
HCFE-235ca2 (Enflurane)....................... 13838-16-9 CHF2OCF2CHFCl................... \b\ 583
HCFE-235da2 (Isoflurane)...................... 26675-46-7 CHF2OCHClCF3.................... \d\ 491
HG-02......................................... 205367-61-9 HF2C-(OCF2CF2)2-OCF2H........... \b\ \d\ 2,730
HG-03......................................... 173350-37-3 HF2C-(OCF2CF2)3-OCF2H........... \b\ \d\ 2,850
HG-20......................................... 249932-25-0 HF2C-(OCF2)2-OCF2H.............. \b\ 5,300
HG-21......................................... 249932-26-1 HF2C-OCF2CF2OCF2OCF2O-CF2H...... \b\ 3,890
HG-30......................................... 188690-77-9 HF2C-(OCF2)3-OCF2H.............. \b\ 7,330
1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,1 173350-38-4 HCF2O(CF2CF2O)4CF2H............. \b\ 3,630
5-eicosafluoro-2,5,8,11,14-
Pentaoxapentadecane.
1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane... 84011-06-3 CHF2CHFOCF3..................... \b\ 1,240
Trifluoro(fluoromethoxy)methane............... 2261-01-0 CH2FOCF3........................ \b\ 751
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs With Three or More Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFE-143a...................................... 421-14-7 CH3OCF3......................... \d\ 523
HFE-245cb2.................................... 22410-44-2 CH3OCF2CF3...................... \d\ 654
HFE-245fa1.................................... 84011-15-4 CHF2CH2OCF3..................... \d\ 828
HFE-245fa2.................................... 1885-48-9 CHF2OCH2CF3..................... \d\ 812
HFE-254cb2.................................... 425-88-7 CH3OCF2CHF2..................... \d\ 301
HFE-263fb2.................................... 460-43-5 CF3CH2OCH3...................... \d\ 1
HFE-263m1; R-E-143a........................... 690-22-2 CF3OCH2CH3...................... \b\ 29
HFE-347mcc3 (HFE-7000)........................ 375-03-1 CH3OCF2CF2CF3................... \d\ 530
HFE-347mcf2................................... 171182-95-9 CF3CF2OCH2CHF2.................. \d\ 854
HFE-347mmy1................................... 22052-84-2 CH3OCF(CF3)2.................... \d\ 363
HFE-347mmz1 (Sevoflurane)..................... 28523-86-6 (CF3)2CHOCH2F................... \c\ \d\ 216
HFE-347pcf2................................... 406-78-0 CHF2CF2OCH2CF3.................. \d\ 889
HFE-356mec3................................... 382-34-3 CH3OCF2CHFCF3................... \d\ 387
HFE-356mff2................................... 333-36-8 CF3CH2OCH2CF3................... \b\ 17
HFE-356mmz1................................... 13171-18-1 (CF3)2CHOCH3.................... \d\ 14
HFE-356pcc3................................... 160620-20-2 CH3OCF2CF2CHF2.................. \d\ 413
HFE-356pcf2................................... 50807-77-7 CHF2CH2OCF2CHF2................. \d\ 719
HFE-356pcf3................................... 35042-99-0 CHF2OCH2CF2CHF2................. \d\ 446
HFE-365mcf2................................... 22052-81-9 CF3CF2OCH2CH3................... \b\ 58
HFE-365mcf3................................... 378-16-5 CF3CF2CH2OCH3................... \d\ 0.99
HFE-374pc2.................................... 512-51-6 CH3CH2OCF2CHF2.................. \d\ 627
HFE-449s1 (HFE-7100) Chemical blend........... 163702-07-6 C4F9OCH3........................ \d\ 421
[[Page 32921]]
163702-08-7 (CF3)2CFCF2OCH3................. ..............
HFE-569sf2 (HFE-7200) Chemical blend.......... 163702-05-4 C4F9OC2H5....................... \d\ 57
163702-06-5 (CF3)2CFCF2OC2H5................ ..............
HFE-7300...................................... 132182-92-4 (CF3)2CFCFOC2H5CF2CF2CF3........ \e\ 405
HFE-7500...................................... 297730-93-9 n-C3F7CFOC2H5CF(CF3)2........... \e\ 13
HG'-01........................................ 73287-23-7 CH3OCF2CF2OCH3.................. \b\ 222
HG'-02........................................ 485399-46-0 CH3O(CF2CF2O)2CH3............... \b\ 236
HG'-03........................................ 485399-48-2 CH3O(CF2CF2O)3CH3............... \b\ 221
Difluoro(methoxy)methane...................... 359-15-9 CH3OCHF2........................ \b\ 144
2-Chloro-1,1,2-trifluoro-1-methoxyethane...... 425-87-6 CH3OCF2CHFCl.................... \b\ 122
1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane..... 22052-86-4 CF3CF2CF2OCH2CH3................ \b\ 61
2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5- 920979-28-8 C12H5F19O2...................... \b\ 56
bis[1,2,2,2-tetrafluoro-1-
(trifluoromethyl)ethyl]-furan.
1-Ethoxy-1,1,2,3,3,3-hexafluoropropane........ 380-34-7 CF3CHFCF2OCH2CH3................ \b\ 23
Fluoro(methoxy)methane........................ 460-22-0 CH3OCH2F........................ \b\ 13
1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 60598-17-6 CHF2CF2CH2OCH3.................. \b\ \d\ 0.49
2,2,3,3-tetrafluoropropyl ether.
1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane... 37031-31-5 CH2FOCF2CF2H.................... \b\ 871
Difluoro(fluoromethoxy)methane................ 461-63-2 CH2FOCHF2....................... \b\ 617
Fluoro(fluoromethoxy)methane.................. 462-51-1 CH2FOCH2F....................... \b\ 130
----------------------------------------------------------------------------------------------------------------
Saturated Chlorofluorocarbons (CFCs)
----------------------------------------------------------------------------------------------------------------
E-R316c....................................... 3832-15-3 trans-cyc (-CClFCF2CF2CClF-).... \e\ 4,230
Z-R316c....................................... 3934-26-7 cis-cyc (-CClFCF2CF2CClF-)...... \e\ 5,660
----------------------------------------------------------------------------------------------------------------
Fluorinated Formates
----------------------------------------------------------------------------------------------------------------
Trifluoromethyl formate....................... 85358-65-2 HCOOCF3......................... \b\ 588
Perfluoroethyl formate........................ 313064-40-3 HCOOCF2CF3...................... \b\ 580
1,2,2,2-Tetrafluoroethyl formate.............. 481631-19-0 HCOOCHFCF3...................... \b\ 470
Perfluorobutyl formate........................ 197218-56-7 HCOOCF2CF2CF2CF3................ \b\ 392
Perfluoropropyl formate....................... 271257-42-2 HCOOCF2CF2CF3................... \b\ 376
1,1,1,3,3,3-Hexafluoropropan-2-yl formate..... 856766-70-6 HCOOCH(CF3)2.................... \b\ 333
2,2,2-Trifluoroethyl formate.................. 32042-38-9 HCOOCH2CF3...................... \b\ 33
3,3,3-Trifluoropropyl formate................. 1344118-09-7 HCOOCH2CH2CF3................... \b\ 17
----------------------------------------------------------------------------------------------------------------
Fluorinated Acetates
----------------------------------------------------------------------------------------------------------------
Methyl 2,2,2-trifluoroacetate................. 431-47-0 CF3COOCH3....................... \b\ 52
1,1-Difluoroethyl 2,2,2-trifluoroacetate...... 1344118-13-3 CF3COOCF2CH3.................... \b\ 31
Difluoromethyl 2,2,2-trifluoroacetate......... 2024-86-4 CF3COOCHF2...................... \b\ 27
2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate... 407-38-5 CF3COOCH2CF3.................... \b\ 7
Methyl 2,2-difluoroacetate.................... 433-53-4 HCF2COOCH3...................... \b\ 3
Perfluoroethyl acetate........................ 343269-97-6 CH3COOCF2CF3.................... \b\ \d\ 2
Trifluoromethyl acetate....................... 74123-20-9 CH3COOCF3....................... \b\ \d\ 2
Perfluoropropyl acetate....................... 1344118-10-0 CH3COOCF2CF2CF3................. \b,\ \d\ 2
Perfluorobutyl acetate........................ 209597-28-4 CH3COOCF2CF2CF2CF3.............. \b\ \d\ 2
Ethyl 2,2,2-trifluoroacetate.................. 383-63-1 CF3COOCH2CH3.................... \b\ \d\ 1
----------------------------------------------------------------------------------------------------------------
Carbonofluoridates
----------------------------------------------------------------------------------------------------------------
Methyl carbonofluoridate...................... 1538-06-3 FCOOCH3......................... \b\ 95
1,1-Difluoroethyl carbonofluoridate........... 1344118-11-1 FCOOCF2CH3...................... \b\ 27
----------------------------------------------------------------------------------------------------------------
Fluorinated Alcohols Other Than Fluorotelomer Alcohols
----------------------------------------------------------------------------------------------------------------
Bis(trifluoromethyl)-methanol................. 920-66-1 (CF3)2CHOH...................... \d\ 182
2,2,3,3,4,4,5,5-Octafluorocyclopentanol....... 16621-87-7 cyc (-(CF2)4CH(OH)-)............ \d\ 13
2,2,3,3,3-Pentafluoropropanol................. 422-05-9 CF3CF2CH2OH..................... \d\ 19
2,2,3,3,4,4,4-Heptafluorobutan-1-ol........... 375-01-9 C3F7CH2OH....................... \b\ \d\ 34
2,2,2-Trifluoroethanol........................ 75-89-8 CF3CH2OH........................ \b\ 20
2,2,3,4,4,4-Hexafluoro-1-butanol.............. 382-31-0 CF3CHFCF2CH2OH.................. \b\ 17
2,2,3,3-Tetrafluoro-1-propanol................ 76-37-9 CHF2CF2CH2OH.................... \b\ 13
2,2-Difluoroethanol........................... 359-13-7 CHF2CH2OH....................... \b\ 3
2-Fluoroethanol............................... 371-62-0 CH2FCH2OH....................... \b\ 1.1
4,4,4-Trifluorobutan-1-ol..................... 461-18-7 CF3(CH2)2CH2OH.................. \b\ 0.05
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Perfluorocarbons (PFCs)
----------------------------------------------------------------------------------------------------------------
PFC-1114; TFE................................. 116-14-3 CF2=CF2; C2F4................... \b\ 0.004
PFC-1216; Dyneon HFP.......................... 116-15-4 C3F6; CF3CF=CF2................. \b\ 0.05
Perfluorobut-2-ene............................ 360-89-4 CF3CF=CFCF3..................... \b\ 1.82
Perfluorobut-1-ene............................ 357-26-6 CF3CF2CF=CF2.................... \b\ 0.10
Perfluorobuta-1,3-diene....................... 685-63-2 CF2=CFCF=CF2.................... \b\ 0.003
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Hydrofluorocarbons (HFCs) and Hydrochlorofluorocarbons (HCFCs)
----------------------------------------------------------------------------------------------------------------
HFC-1132a; VF2................................ 75-38-7 C2H2F2; CF2=CH2................. \b\ 0.04
[[Page 32922]]
HFC-1141; VF.................................. 75-02-5 C2H3F; CH2=CHF.................. \b\ 0.02
(E)-HFC-1225ye................................ 5595-10-8 CF3CF=CHF(E).................... \b\ 0.06
(Z)-HFC-1225ye................................ 5528-43-8 CF3CF=CHF(Z).................... \b\ 0.22
Solstice 1233zd(E)............................ 102687-65-0 C3H2ClF3; CHCl=CHCF3............ \b\ 1.34
HCFO-1233zd(Z)................................ 99728-16-2 (Z)-CF3CH=CHCl.................. \e\ 0.45
HFC-1234yf; HFO-1234yf........................ 754-12-1 C3H2F4; CF3CF=CH2............... \b\ 0.31
HFC-1234ze(E)................................. 1645-83-6 C3H2F4; trans-CF3CH=CHF......... \b\ 0.97
HFC-1234ze(Z)................................. 29118-25-0 C3H2F4; cis-CF3CH=CHF; CF3CH=CHF \b\ 0.29
HFC-1243zf; TFP............................... 677-21-4 C3H3F3; CF3CH=CH2............... \b\ 0.12
(Z)-HFC-1336.................................. 692-49-9 CF3CH=CHCF3(Z).................. \b\ 1.58
HFO-1336mzz(E)................................ 66711-86-2 (E)-CF3CH=CHCF3................. \e\ 18
HFC-1345zfc................................... 374-27-6 C2F5CH=CH2...................... \b\ 0.09
HFO-1123...................................... 359-11-5 CHF=CF2......................... \e\ 0.005
HFO-1438ezy(E)................................ 14149-41-8 (E)-(CF3)2CFCH=CHF.............. \e\ 8.2
HFO-1447fz.................................... 355-08-8 CF3(CF2)2CH=CH2................. \e\ 0.24
Capstone 42-U................................. 19430-93-4 C6H3F9; CF3(CF2)3CH=CH2......... \b\ 0.16
Capstone 62-U................................. 25291-17-2 C8H3F13; CF3(CF2)5CH=CH2........ \b\ 0.11
Capstone 82-U................................. 21652-58-4 C10H3F17; CF3(CF2)7CH=CH2....... \b\ 0.09
(e)-1-chloro-2-fluoroethene................... 460-16-2 (E)-CHCl=CHF.................... \e\ 0.004
3,3,3-trifluoro-2-(trifluoromethyl)prop-1-ene. 382-10-5 (CF3)2C=H2...................... \e\ 0.38
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated CFCs
----------------------------------------------------------------------------------------------------------------
CFC-1112...................................... 598-88-9 CClF=CClF....................... \e\ 0.13
CFC-1112a..................................... 79-35-6 CCl2=CF2........................ \e\ 0.021
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Halogenated Ethers
----------------------------------------------------------------------------------------------------------------
PMVE; HFE-216................................. 1187-93-5 CF3OCF=CF2...................... \b\ 0.17
Fluoroxene.................................... 406-90-6 CF3CH2OCH=CH2................... \b\ 0.05
Methyl-perfluoroheptene-ethers................ N/A CH3OC7F13....................... \e\ 15
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Halogenated Esters
----------------------------------------------------------------------------------------------------------------
Ethenyl 2,2,2-trifluoroacetate................ 433-28-3 CF3COOCH=CH2.................... \e\ 0.008
Prop-2-enyl 2,2,2-trifluoroacetate............ 383-67-5 CF3COOCH2CH=CH2................. \e\ 0.007
----------------------------------------------------------------------------------------------------------------
Cyclic, Unsaturated HFCs and PFCs
----------------------------------------------------------------------------------------------------------------
PFC C-1418.................................... 559-40-0 c-C5F8.......................... \d\ 2
Hexafluorocyclobutene......................... 697-11-0 cyc (-CF=CFCF2CF2-)............. \e\ 126
1,3,3,4,4,5,5-heptafluorocyclopentene......... 1892-03-1 cyc (-CF2CF2CF2CF=CH-).......... \e\ 45
1,3,3,4,4-pentafluorocyclobutene.............. 374-31-2 cyc (-CH=CFCF2CF2-)............. \e\ 92
3,3,4,4-tetrafluorocyclobutene................ 2714-38-7 cyc (-CH=CHCF2CF2-)............. \e\ 26
----------------------------------------------------------------------------------------------------------------
Fluorinated Aldehydes
----------------------------------------------------------------------------------------------------------------
3,3,3-Trifluoro-propanal...................... 460-40-2 CF3CH2CHO....................... \b\ 0.01
----------------------------------------------------------------------------------------------------------------
Fluorinated Ketones
----------------------------------------------------------------------------------------------------------------
Novec 1230 (perfluoro (2-methyl-3-pentanone)). 756-13-8 CF3CF2C(O)CF (CF3)2............. \b\ 0.1
1,1,1-trifluoropropan-2-one................... 421-50-1 CF3COCH3........................ \e\ 0.09
1,1,1-trifluorobutan-2-one.................... 381-88-4 CF3COCH2CH3..................... \e\ 0.095
----------------------------------------------------------------------------------------------------------------
Fluorotelomer Alcohols
----------------------------------------------------------------------------------------------------------------
3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol. 185689-57-0 CF3(CF2)4CH2CH2OH............... \b\ 0.43
3,3,3-Trifluoropropan-1-ol.................... 2240-88-2 CF3CH2CH2OH..................... \b\ 0.35
3,3,4,4,5,5,6,6,7,7,8,8,9,9,9- 755-02-2 CF3(CF2)6CH2CH2OH............... \b\ 0.33
Pentadecafluorononan-1-ol.
3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11- 87017-97-8 CF3(CF2)8CH2CH2OH............... \b\ 0.19
Nonadecafluoroundecan-1-ol.
----------------------------------------------------------------------------------------------------------------
Fluorinated GHGs With Carbon-Iodine Bond(s)
----------------------------------------------------------------------------------------------------------------
Trifluoroiodomethane.......................... 2314-97-8 CF3I............................ \b\ 0.4
----------------------------------------------------------------------------------------------------------------
Remaining Fluorinated GHGs With Chemical-Specific GWPs
----------------------------------------------------------------------------------------------------------------
Dibromodifluoromethane (Halon 1202)........... 75-61-6 CBR2F2.......................... \b\ 231
2-Bromo-2-chloro-1,1,1-trifluoroethane (Halon- 151-67-7 CHBrClCF3....................... \b\ 41
2311/Halothane).
Heptafluoroisobutyronitrile................... 42532-60-5 (CF3)2CFCN...................... \e\ 2,750
Carbonyl fluoride............................. 353-50-4 COF2............................ \e\ 0.14
----------------------------------------------------------------------------------------------------------------
[[Page 32923]]
Global warming
Fluorinated GHG group \f\ potential (100
yr.)
------------------------------------------------------------------------
Default GWPs for Compounds for Which Chemical-Specific GWPs Are Not
Listed Above
------------------------------------------------------------------------
Fully fluorinated GHGs \g\.............................. 9,200
Saturated hydrofluorocarbons (HFCs) with 2 or fewer 3,000
carbon-hydrogen bonds \g\..............................
Saturated HFCs with 3 or more carbon-hydrogen bonds \g\. 840
Saturated hydrofluoroethers (HFEs) and 6,600
hydrochlorofluoroethers (HCFEs) with 1 carbon-hydrogen
bond \g\...............................................
Saturated HFEs and HCFEs with 2 carbon-hydrogen bonds 2,900
\g\....................................................
Saturated HFEs and HCFEs with 3 or more carbon-hydrogen 320
bonds \g\..............................................
Saturated chlorofluorocarbons (CFCs) \g\................ 4,900
Fluorinated formats..................................... 350
Cyclic forms of the following: unsaturated 58
perfluorocarbons (PFCs), unsaturated HFCs, unsaturated
CFCs, unsaturated hydrochlorofluorocarbons (HCFCs),
unsaturated bromofluorocarbons (BFCs), unsaturated
bromochlorofluorocarbons (BCFCs), unsaturated
hydrobromofluorocarbons (HBFCs), unsaturated
hydrobromochlorofluorocarbons (HBCFCs), unsaturated
halogenated ethers, and unsaturated halogenated esters
\g\....................................................
Fluorinated acetates, carbonofluoridates, and 25
fluorinated alcohols other than fluorotelomer alcohols
\g\....................................................
Fluorinated aldehydes, fluorinated ketones, and non- 1
cyclic forms of the following: unsaturated
perfluorocarbons (PFCs), unsaturated HFCs, unsaturated
CFCs, unsaturated HCFCs, unsaturated BFCs, unsaturated
BCFCs, unsaturated HBFCs, unsaturated HBCFCs,
unsaturated halogenated ethers and unsaturated
halogenated esters \g\.................................
Fluorotelomer alcohols \g\.............................. 1
Fluorinated GHGs with carbon-iodine bond(s) \g\......... 1
Other fluorinated GHGs \g\.............................. 1,800
------------------------------------------------------------------------
\a\ The GWP for this compound was updated in the final rule published on
November 29, 2013 [78 FR 71904] and effective on January 1, 2014.
\b\ This compound was added to Table A-1 in the final rule published on
December 11, 2014, and effective on January 1, 2015.
\c\ The GWP for this compound was updated in the final rule published on
December 11, 2014, and effective on January 1, 2015.
\d\ The GWP for this compound was updated in the final rule published on
[Date of publication of the final rule in the Federal Register] and
effective on January 1, 2025.
\e\ The GWP for this compound was added to Table A-1 in the final rule
published on [Date of publication of the final rule in the Federal
Register] and effective on January 1, 2025.
\f\ For electronics manufacturing (as defined in Sec. 98.90), the term
``fluorinated GHGs'' in the definition of each fluorinated GHG group
in Sec. 98.6 shall include fluorinated heat transfer fluids (as
defined in Sec. 98.6), whether or not they are also fluorinated
GHGs.
\g\ The GWP for this fluorinated GHG group was updated in the final rule
published on [Date of publication of the final rule in the Federal
Register] and effective on January 1, 2025.
0
7. Amend table A-3 to subpart A of part 98 by adding the entries
``Additional Source Categories \a\ Applicable in Reporting Year 2025
and Future Years'', ``Geologic sequestration of carbon dioxide with
enhanced oil recovery using ISO 27916 (subpart VV).'', ``Coke calciners
(subpart WW).'', ``Calcium carbide production (subpart XX).'', and
``Caprolactam, glyoxal, and glyoxylic acid production (subpart YY).''
to the end of the table to read as follows.
Table A-3 to Subpart A of Part 98--Source Category List for Sec.
98.2(a)(1)
Source Category List for Sec. 98.2(a)(1)
------------------------------------------------------------------------
-------------------------------------------------------------------------
* * * * * * *
Additional Source Categories \a\ Applicable in Reporting Year 2025 and
Future Years:
Geologic sequestration of carbon dioxide with enhanced oil recovery
using ISO 27916 (subpart VV).
Coke calciners (subpart WW).
Calcium carbide production (subpart XX).
Caprolactam, glyoxal, and glyoxylic acid production (subpart YY).
------------------------------------------------------------------------
\a\ Source categories are defined in each applicable subpart.
0
8. Amend table A-4 to subpart A of part 98 by adding the entries
``Additional Source Categories \a\ Applicable in Reporting Year 2025
and Future Years.'' and ``Ceramics manufacturing facilities, as
determined under Sec. 98.XXXX (subpart ZZ)'', to the end of the table.
Table A-4 to Subpart A of Part 98--Source Category List for Sec.
98.2(a)(2)
------------------------------------------------------------------------
-------------------------------------------------------------------------
* * * * * * *
Additional Source Categories\a\ Applicable in Reporting Year 2025 and
Future Years:
Ceramics manufacturing facilities, as determined under Sec.
98.XXXX (subpart ZZ)
------------------------------------------------------------------------
\a\ Source categories are defined in each applicable subpart.
0
9. Add subpart B to read as follows:
Subpart B--Energy Consumption
Sec.
98.20 Definition of the source category.
98.21 Reporting threshold.
98.22 GHGs to report.
98.23 Calculating GHG emissions.
98.24 Monitoring and QA/QC requirements.
98.25 Procedures for estimating missing data.
98.26 Data reporting requirements.
98.27 Records that must be retained.
98.28 Definitions.
Sec. 98.20 Definition of the source category.
(a) The energy consumption source category consists of direct
emitting facilities that (1) purchase metered electricity or metered
thermal energy products; (2) are required to report under Sec. Sec.
98.2(a)(1), (2), or (3) or are
[[Page 32924]]
required to resume reporting under Sec. Sec. 98.2(i)(1), (2), or (3);
and (3) are not eligible to discontinue reporting under the provisions
at Sec. Sec. 98.2(i)(1), (2), or (3).
(b) This source category does not include:
(1) Purchases of fuel and the associated direct emissions from the
use of that fuel on site.
(2) Electricity and thermal energy products that are not subject to
purchasing agreements.
Sec. 98.21 Reporting threshold.
You must report the quantity of purchased electricity and thermal
energy products in accordance with the reporting requirements of Sec.
98.26 of this subpart.
Sec. 98.22 GHGs to report.
This subpart does not require the reporting of either direct or
indirect greenhouse gas emissions.
Sec. 98.23 Calculating GHG emissions.
This subpart does not require the calculation of either direct or
indirect greenhouse gas emissions.
Sec. 98.24 Monitoring and QA/QC requirements.
Facilities subject to this subpart must develop a written Metered
Energy Monitoring Plan (MEMP) for purchased electricity and thermal
energy products in accordance with paragraph (a) of this section. The
MEMP may rely on references to existing corporate documents (e.g.,
purchasing agreements, standard operating procedures, quality assurance
programs under appendix F to 40 CFR part 60 or appendix B to 40 CFR
part 75, and other documents) provided that the elements required by
paragraphs (a)(1) through (7) of this section are easily recognizable.
Facilities must complete QA/QC requirements in accordance with
paragraphs (b) and (c) of this section.
(a) MEMP Requirements. At a minimum, the MEMP must specify
recordkeeping activities at the same frequency as billing statements
from the energy delivery service provider and must include the elements
listed in this paragraph (a).
(1) Identification of positions of responsibility (i.e., job
titles) for collection of the energy consumption data.
(2) The identifier of each meter shown on periodic billing
statements with a description of the portions of the facility served by
the meter and a photograph that shows the meter identifier,
manufacturer's name, and model number.
(3) For each meter, an indication of the billing frequency (e.g.,
monthly, quarterly, or semi-annually).
(4) A copy of one typical billing statement that includes all pages
for each meter with the meter identifier, the name of the energy
delivery service provider, the name of the energy supply service
provider (if applicable in deregulated states), the dates of service,
the usage, and the rate descriptor.
(5) An indication of whether each electricity meter conforms to the
accuracy specifications required by Sec. 98.24(b). The MEMP must
include one of the potential outcomes listed in paragraphs (a)(5)(i)
through (iii) of this section for each electricity meter serving the
facility:
(i) Manufacturer's certification that the electricity meter model
number conforms to the accuracy specifications required by Sec.
98.24(b), with a copy of the associated manufacturer's technical data.
If this option is selected the owner or operator must include a picture
of the meter with a copy of the technical data from the manufacturer
indicating conformance to the accuracy specifications required by Sec.
98.24(b).
(ii) Certification letter from the electricity delivery service
provider indicating the meter conforms to the accuracy specifications
required by Sec. 98.24(b).
(iii) An indication that either the conformance status of the meter
to the accuracy specifications required by Sec. 98.24(b) could not be
determined, or the meter was determined to have accuracy specifications
less stringent than required by Sec. 98.24(b), according to paragraphs
(a)(5)(iii)(A) through (C) of this section.
(A) A copy of the certified letter sent to the electricity delivery
service provider, requesting installation of a meter that conforms to
the accuracy specifications required by Sec. 98.24(b).
(B) The return receipt for the certified letter.
(C) Any correspondence from the electricity delivery service
provider related to the request.
(6) For both purchased electricity and thermal energy product
meters, an explanation of the processes and methods used to collect the
necessary data to report the total annual usage of purchased
electricity in kWh and the total annual usage of purchased thermal
energy products in mmBtu. For thermal energy products the plan must
include a clear procedure and example of how measured data are
converted to mmBtu.
(7) Description of the procedures and methods that are used for
quality assurance, maintenance, and repair of all monitoring systems,
flow meters, and other instrumentation used to collect the energy
consumption data reported under this part.
(8) The facility must revise the MEMP as needed to reflect changes
in production processes, monitoring instrumentation, and quality
assurance procedures; or to improve procedures for the maintenance and
repair of monitoring systems to reduce the frequency of monitoring
equipment downtime.
(9) Upon request by the Administrator, the facility must make all
information that is collected in conformance with the MEMP available
for review. Electronic storage of the information in the plan is
permissible, provided that the information can be made available in
hard copy upon request.
(b) Quality assurance for purchased electricity monitoring. The
facility must determine if each electricity meter conforms to ANSI
C12.1-2022: Electric Meters--Code for Electricity Metering
(incorporated by reference, see Sec. 98.7) or another similar
consensus standard with accuracy specifications at least as stringent
as the ANSI standard, using one of the methods under paragraphs (b)(1)
through (3) of this section.
(1) The facility may identify the manufacturer and model number of
the meter and obtain a copy of the meter's technical reference guide or
technical data sheet indicating the meter's conformance with the
requirements of Sec. 98.24(b). If this option is selected the facility
must include a picture of the meter with a copy of the technical data
from the manufacturer indicating conformance with the requirements of
Sec. 98.24(b).
(2) The facility may obtain a certification from the electricity
delivery service provider that owns the meter indicating that the meter
conforms to the accuracy specifications required by Sec. 98.24(b).
(3) If the facility determines that either the conformance status
of the meter under Sec. 98.24(b) could not be determined, or that the
meter does not conform to the accuracy specifications required by Sec.
98.24(b), the facility must submit, via certified mail (with return
receipt requested) to the electricity delivery service provider that
owns the meter, a request that the existing meter be replaced by an
electricity meter that meets the accuracy specifications required by
Sec. 98.24(b). The facility must maintain in the MEMP a copy of the
written request, the return receipt, and any correspondence from the
electricity delivery service provider. Any meters that do not conform
to the accuracy specifications required by Sec. 98.24(b)
[[Page 32925]]
must be flagged as such in the MEMP, until such time that they are
replaced with meters that conform to the accuracy specifications
required by Sec. 98.24(b).
(c) Quality assurance for purchased thermal energy product
monitoring. The facility must contact the energy delivery service
provider of each purchased thermal energy product and request a copy of
the most recent audit of the accuracy of each meter referenced in the
purchasing agreement. If an audit of the meter has never been completed
or if the audit is more than five years old, the facility must request
that the energy delivery service provider complete an energy audit
consistent with the terms of the purchasing agreement. If the
purchasing agreement does not include provisions for periodic audits of
the meter, the facility must complete an audit of the meter using a
qualified metering specialist with knowledge of the associated thermal
medium. Every five years an audit of the meter must be completed. If
the audit indicates that the meter is producing readings with errors
greater than specified by Sec. 98.3(i)(2) or (3), the meter must be
repaired or replaced and retested to demonstrate compliance with the
specifications at Sec. 98.3(i)(2) or (3).
Sec. 98.25 Procedures for estimating missing data.
For both purchased electricity and thermal energy products, a
facility with missing billing statements must request replacement
copies of the statements from its energy delivery service provider. If
the energy delivery service provider is unable to provide replacement
copies of billing statements, the facility must estimate the missing
data based on the best available estimate of the energy use, based on
all available data which may impact energy usage (e.g., processing
rates, operating hours, etc.). The facility must document and keep
records of the procedures used for all missing data estimates.
Sec. 98.26 Data reporting requirements.
In addition to the facility-level information required under Sec.
98.3, the annual GHG report must contain the data specified in
paragraphs (a) through (m) of this section for each purchased
electricity and thermal energy product meter located at the facility.
(a) The state in which each meter is located.
(b) The locality of the meter. You must report the county in which
each meter is located. If the meter is not located in a county (e.g.,
meters in Alexandria, Virginia), you must report the city in which the
meter is located.
(c) Energy delivery service provider's name (i.e., the name of the
entity to whom the purchasing facility will send payment).
(d) An identifying number for the energy delivery service provider
as specified in paragraph (d)(1) or (2) of this section:
(1) For purchased electricity, the zip code associated with the
payment address for the provider.
(2) For purchased thermal energy products, the public GHGRP
facility identifier of the energy supply service provider. If the
provider does not have an assigned GHGRP facility identifier, report
the zip code for the physical location in which the thermal energy
product was produced.
(e) Electricity supply service provider's name. This reporting
requirement applies only to purchased electricity in states with
deregulated markets where the electricity billing statements have
separate line items for electricity delivery services and electricity
supply services. In these states, the electricity delivery service
provider may be a different entity from the electricity supply service
provider.
(f) Meter number. This is the meter number that appears on each
billing statement.
(g) Annual sequence of bill. This is a number from 1 to 12 for
monthly billing cycles, from 1 to 4 for quarterly billing cycles, and 1
to 2 for semi-annual billing cycles.
(h) Start date(s) of period(s) billed. This is the date designating
when the usage period began for each billing statement. For monthly
billing cycles, the annual report would include 12 start dates. For
quarterly billing cycles the annual report would include four start
dates. For semi-annual billing cycles the annual report would include
two start dates.
(i) End date(s) of period(s) billed. This is the date designating
when the usage period ends for each billing statement. For monthly
billing cycles, the annual report would include 12 end dates. For
quarterly billing cycles the annual report would include four end
dates. For semi-annual billing cycles the annual report would include
two end dates.
(j) Quantities of purchased electricity and thermal energy products
as specified in paragraphs (j)(1) through (3) of this section,
excluding any quantities described in paragraph (j)(4) of this section.
(1) Purchased electricity. You must report the kWh used as reported
on each periodic billing statement received during the reporting year.
For each meter on each electricity billing statement received during
the reporting period, the usage will be clearly designated for the
month, quarter, or semi-annual billing period. This value may be listed
on the billing statement in megawatt-hours (MWh). To convert values on
billing statements that report usage in MWh to kWh, the MWh value
should be multiplied by 1,000.
(2) Purchased thermal energy products. You must report the quantity
of thermal energy products purchased as reported on each periodic
billing statement received during the reporting year, converted to
mmBtu. This value must be calculated in accordance with the method
described and documented in the MEMP.
(3) Allocation. If the periodic billing statement specified in
paragraph (j)(1) or (2) of this section spans two reporting years, you
must allocate the quantity of purchased electricity and thermal energy
products using either the method specified in paragraph (j)(3)(i) or
(ii) of this section:
(i) You may allocate the purchased electricity and thermal energy
products to each reporting year based on operational knowledge of the
industrial processes for which energy is purchased, or
(ii) You may allocate to each reporting year the portion of
purchased electricity and thermal energy products in the periodic
billing statement proportional to the number of days of service in each
reporting year.
(4) Excluded quantities. For the purpose of reporting under this
paragraph (j), the facility may exclude any electricity that is
generated outside the facility and delivered into the facility with
final destination and usage outside of the facility. The facility may
also exclude electricity consumed by operations or activities that do
not support any activities reporting direct emissions in this part. The
excluded quantities may be estimated based on company records or
engineering judgment.
(k) Rate descriptor for each electricity billing statement. Each
electricity billing statement should have a statement that describes
the rate plan in effect for the billing location. This rate descriptor
can indicate if the customer is billed based on a time-of-use rate or
if the customer is purchasing a renewable energy product. For example,
a typical rate statement could be ``Your current rate is Large
Commercial Time of Use (LC-TOUD).'' In this case the GHGRP reporter
would enter ``LC-TOUD'' as the rate descriptor for the associated
billing period.
[[Page 32926]]
(l) Facilities subject to multiple direct emitting part 98 subparts
must report, for the quantities reported under paragraph (j) of this
section, the decimal fraction of purchased electricity or thermal
energy products attributable to each subpart. The fraction may be
estimated based on company records or engineering judgment.
(m) Copy of one billing statement per energy delivery service
provider of purchased electricity or thermal energy products, as
specified in paragraphs (m)(1) through (3) of this section.
(1) The first annual report under this subpart must include 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.
(2) If the facility changes or adds one or more energy delivery
service providers after the first reporting year, the annual report
must include an electronic copy of all pages of one billing statement
received from each new energy delivery service provider for only the
first reporting year of each new purchasing agreement.
(3) The electronic copy specified in paragraph (m)(2) of this
section must be submitted in the format specified in the reporting
instructions published for the reporting year.
Sec. 98.27 Records that must be retained.
(a) Copies of all purchased electricity or thermal energy product
billing statements.
(b) The results of all required certification and quality assurance
tests referenced in the MEMP for all purchased electricity or thermal
energy product meters used to develop the energy consumption data
reported under this part.
(c) Maintenance records for all monitoring systems, flow meters,
and other instrumentation used to provide data on consumption of
purchased electricity or thermal energy products under this part.
Sec. 98.28 Definitions.
Except as provided in this section, all terms used in this part
shall have the same meaning given in the Clean Air Act and subpart A of
this part.
Indirect emissions are an attribute of activities that consume
energy and are intended to provide an estimate of the quantity of
greenhouse gases associated with the production and delivery of
purchased electricity and thermal energy products delivered to the
energy consumer. Indirect emissions are released to the atmosphere at a
facility that is owned by the energy supply service provider, but the
indirect emissions attribute is associated with the consuming activity.
Metered means, as applied to electricity, that the quantity of
electricity is determined by an electricity meter installed at the
location of service by an electricity delivery service provider who
periodically conducts meter readings for billing purposes. As applied
to thermal energy products, metered means that the thermal energy
product is metered in accordance with the purchasing agreement with
additional information, as necessary, such as design or operating
temperature, pressure, and mass flow rate to determine the supplied
quantity of thermal energy products.
Purchased electricity means metered electricity that is delivered
to a facility subject to this subpart.
Purchasing agreement means, for purchased electricity, the terms
and conditions governing the provision of electric services by an
electricity delivery service provider to a consumer seeking electric
service (i.e., the applicable part 98 source). For purchased thermal
energy products, this term means a contract, such as a steam purchase
contract, between a supplier of thermal energy products and a consumer
of thermal energy products (i.e., the applicable part 98 source).
Purchasing agreements include specific provisions for metering the
purchased electricity or thermal energy products.
Thermal energy products means metered steam, hot water, hot oil,
chilled water, refrigerant, or any other medium used to transfer
thermal energy and delivered to a facility subject to this subpart.
Subpart C--General Stationary Fuel Combustion Sources
0
10. Amend Sec. 98.36 by adding paragraphs (b)(12), (c)(1)(xii),
(c)(2)(xii), and (c)(3)(xi) to read as follows:
Sec. 98.36 Data reporting requirements.
* * * * *
(b) * * *
(12) An indication of whether the unit is an electricity generating
unit.
(c) * * *
(1) * * *
(xii) An indication of whether any unit in the group is an
electricity generating unit, and, if so, an estimate of the group's
total reported emissions attributable to electricity generation
(expressed as a decimal fraction). This estimate may be based on
engineering estimates.
(2) * * *
(xii) An indication of whether any unit in the group is an
electricity generating unit, and, if so, an estimate of the group's
total reported emissions attributable to electricity generation
(expressed as a decimal fraction). This estimate may be based on
engineering estimates.
(3) * * *
(xii) An indication of whether any unit in the group is an
electricity generating unit, and, if so, an estimate of the group's
total reported emissions attributable to electricity generation
(expressed as a decimal fraction). This estimate may be based on
engineering estimates.
* * * * *
Subpart F--Aluminum Production
0
11. Amend Sec. 98.66 by revising paragraphs (a) and (g) to read as
follows:
Sec. 98.66 Data reporting requirements.
* * * * *
(a) Annual production capacity (tons).
* * * * *
(g) Annual operating days per potline.
* * * * *
Subpart G--Ammonia Manufacturing
0
12. Amend Sec. 98.76 by adding paragraph (b)(16) to read as follows:
Sec. 98.76 Data reporting requirements.
* * * * *
(b) * * *
(16) Annual quantity of excess hydrogen produced that is not
consumed through the production of ammonia (metric tons).
Subpart I--Electronics Manufacturing
Sec. 98.98 [Amended]
0
13. Amend Sec. 98.98 by removing the definition for ``Fluorinated heat
transfer fluids.''
0
14. Revise table I-16 of subpart I of part 98 to read as follows:
[[Page 32927]]
Table I-16 to Subpart I of Part 98--Default Emission Destruction or
Removal Efficiency (DRE) Factors for Electronics Manufacturing
------------------------------------------------------------------------
Manufacturing type/process type/gas Default DRE (%)
------------------------------------------------------------------------
MEMS, LCDs, and PV manufacturing..................... 60
Semiconductor Manufacturing.......................... .................
CF4.................................................. 87
CH3F................................................. 98
CHF3................................................. 97
CH2F2................................................ 98
C4F8................................................. 93
C4F8O................................................ 93
C5F8................................................. 97
C4F6................................................. 95
C3F8................................................. 98
C2HF5................................................ 97
C2F6................................................. 98
SF6.................................................. 95
NF3.................................................. 96
All other carbon-based fluorinated GHGs used in 60
Semiconductor Manufacturing.........................
N2O Processes........................................ .................
CVD and all other N2O-using processes................ 60
------------------------------------------------------------------------
0
15. Revise table I-18 of subpart I of part 98 to read as follows:
Table I-18 to Subpart I of Part 98--Default Factors for Gamma ([gamma]i,p and [gamma]k,i,p) for Semiconductor Manufacturing and for MEMS and PV
Manufacturing Under Certain Conditions * for Use With the Stack Testing Method
--------------------------------------------------------------------------------------------------------------------------------------------------------
Process type In-situ thermal or in-situ plasma cleaning Remote plasma cleaning
--------------------------------------------------------------------------------------------------------------------------------------------------------
c-C4F8
Gas CF4 C2F6 NF3 SF6 C3F8 CF4 NF3
--------------------------------------------------------------------------------------------------------------------------------------------------------
If manufacturing wafer sizes <=200 mm AND manufacturing 300 mm (or greater) wafer sizes
--------------------------------------------------------------------------------------------------------------------------------------------------------
[gamma]i............................................... 13 9.3 4.7 14 11 NA NA 5.7
[gamma]CF4,i........................................... NA 23 6.7 63 8.7 NA NA 58
[gamma]C2F6,i.......................................... NA NA NA NA 3.4 NA NA NA
[gamma]CHF3,i.......................................... NA NA NA NA NA NA NA 0.24
[gamma]CH2F2,i......................................... NA NA NA NA NA NA NA 111
[gamma]CH3F,i.......................................... NA NA NA NA NA NA NA 33
--------------------------------------------------------------------------------------------------------------------------------------------------------
If manufacturing <=200 mm OR manufacturing 300 mm (or greater) wafer sizes
--------------------------------------------------------------------------------------------------------------------------------------------------------
[gamma]i (<=200 mm wafer size)......................... 13 9.3 4.7 2.9 11 NA NA 1.4
[gamma]CF4,i (<=200 mm wafer size)..................... NA 23 6.7 110 8.7 NA NA 36
[gamma]C2F6,i (<=200 mm wafer size).................... NA NA NA NA 3.4 NA NA NA
[gamma]i (300 mm wafer size)........................... NA NA NA 26 NA NA NA 10
[gamma]CF4,i (300 mm wafer size)....................... NA NA NA 17 NA NA NA 80
[gamma]C2F6,i (300 mm wafer size)...................... NA NA NA NA NA NA NA NA
[gamma]CHF3,i (300 mm wafer size)...................... NA NA NA NA NA NA NA 0.24
[gamma]CH2F2,i (300 mm wafer size)..................... NA NA NA NA NA NA NA 111
[gamma]CH3F,i (300 mm wafer size)...................... NA NA NA NA NA NA NA 33
--------------------------------------------------------------------------------------------------------------------------------------------------------
* If you manufacture MEMS or PVs and use semiconductor tools and processes, you may use the corresponding [gamma] in this table. For all other tools and
processes, a default [gamma] of 10 must be used.
Subpart N--Glass Production
0
16. Amend Sec. 98.146 by:
0
a. Revising paragraphs (a) introductory text and (a)(1);
0
b. Adding paragraph (a)(3); and
0
c. Revising paragraphs (b)(4) and (9).
The revisions and additions read as follows:
Sec. 98.146 Data reporting requirements.
* * * * *
(a) If a CEMS is used to measure CO2 emissions, then you
must report under this subpart the relevant information required under
Sec. 98.36 for the Tier 4 Calculation Methodology and the following
information specified in paragraphs (a)(1) through (3) of this section:
(1) Annual quantity of each carbonate-based raw material (tons)
charged to each continuous glass melting furnace and for all furnaces
combined.
* * * * *
(3) Annual quantity (tons), by glass type, of recycled scrap glass
(cullet) charged to each glass melting furnace and for all furnaces
combined.
(b) * * *
(4) Annual quantity (tons), by glass type, of recycled scrap glass
(cullet)
[[Page 32928]]
charged to each glass melting furnace and for all furnaces combined.
* * * * *
(9) The number of times in the reporting year that missing data
procedures were followed to measure monthly quantities of carbonate-
based raw materials, recycled scrap glass (cullet), or mass fraction of
the carbonate-based minerals for any continuous glass melting furnace
(months).
0
17. Amend Sec. 98.147 by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding paragraph (a)(3);
0
c. Revising paragraphs (b) introductory text and (b)(1) and (2);
0
d. Redesignating paragraphs (b)(3) through (5) as paragraphs (b)(4)
through (6), respectively; and
0
e. Adding new paragraph (b)(3).
The revisions and additions read as follows:
Sec. 98.147 Records that must be retained.
* * * * *
(a) If a CEMS is used to measure emissions, then you must retain
the records required under Sec. 98.37 for the Tier 4 Calculation
Methodology and the following information specified in paragraphs
(a)(1) through (a)(3) of this section:
* * * * *
(3) Monthly amount (tons) of recycled scrap glass (cullet) charged
to each glass melting furnace, by glass type.
(b) If process CO2 emissions are calculated according to
the procedures specified in Sec. 98.143(b), you must retain the
records in paragraphs (b)(1) through (b)(6) of this section.
(1) Monthly glass production rate for each continuous glass melting
furnace, by glass type (tons).
(2) Monthly amount of each carbonate-based raw material charged to
each continuous glass melting furnace (tons).
(3) Monthly amount (tons) of recycled scrap glass (cullet) charged
to each glass melting furnace, by glass type.
(4) Data on carbonate-based mineral mass fractions provided by the
raw material supplier for all raw materials consumed annually and
included in calculating process emissions in Equation N-1 of this
subpart, if applicable.
(5) Results of all tests, if applicable, used to verify the
carbonate-based mineral mass fraction for each carbonate-based raw
material charged to a continuous glass melting furnace, including the
data specified in paragraphs (b)(5)(i) through (v) of this section.
(i) Date of test.
(ii) Method(s), and any variations of the methods, used in the
analyses.
(iii) Mass fraction of each sample analyzed.
(iv) Relevant calibration data for the instrument(s) used in the
analyses.
(v) Name and address of laboratory that conducted the tests.
(6) The decimal fraction of calcination achieved for each
carbonate-based raw material, if a value other than 1.0 is used to
calculate process mass emissions of CO2.
* * * * *
Subpart P--Hydrogen Production
0
18. Revise Sec. 98.160 to read as follows:
Sec. 98.160 Definition of the source category.
(a) A hydrogen production source category consists of facilities
that produce hydrogen gas as a product.
(b) This source category comprises process units that produce
hydrogen by reforming, gasification, oxidation, reaction, or other
transformations of feedstocks except the processes listed in paragraph
(b)(1) or (2) of this section.
(1) Any process unit for which emissions are reported under another
subpart of this part. This includes, but is not necessarily limited to:
(A) Ammonia production units for which emissions are reported under
subpart G.
(B) Catalytic reforming units at petroleum refineries that
transform naphtha into higher octane aromatics for which emissions are
reported under subpart Y.
(C) Petrochemical process units for which emissions are reported
under subpart X.
(2) Any process unit that only separates out diatomic hydrogen from
a gaseous mixture and is not associated with a unit that produces
hydrogen created by transformation of one or more feedstocks, other
than those listed in paragraph (b)(1) of this section.
(c) This source category includes the process units that produce
hydrogen and stationary combustion units directly associated with
hydrogen production (e.g., reforming furnace and hydrogen production
process unit heater).
0
19. Amend Sec. 98.162 by revising paragraph (a) to read as follows:
Sec. 98.162 GHGs to report.
* * * * *
(a) CO2 emissions from each hydrogen production process
unit, including fuel combustion emissions accounted for in the
calculation methodologies in Sec. 98.163.
* * * * *
0
20. Amend Sec. 98.163 by revising paragraph (c) to read as follows:
Sec. 98.163 Calculating GHG emissions.
* * * * *
(c) If GHG emissions from a hydrogen production process unit are
vented through the same stack as any combustion unit or process
equipment that reports CO2 emissions using a CEMS that
complies with the Tier 4 Calculation Methodology in subpart C of this
part (General Stationary Fuel Combustion Sources), then the owner or
operator shall report under this subpart the combined stack emissions
according to the Tier 4 Calculation Methodology in Sec. 98.33(a)(4)
and all associated requirements for Tier 4 in subpart C of this part
(General Stationary Fuel Combustion Sources). If GHG emissions from a
hydrogen production process unit using a CEMS that complies with the
Tier 4 Calculation Methodology in subpart C of this part (General
Stationary Fuel Combustion Sources) does not include combustion
emissions from the hydrogen production unit (i.e., the hydrogen
production unit has separate stacks for process and combustion
emissions), then the calculation methodology in paragraph (b) of this
section shall be used considering only fuel inputs to calculate and
report CO2 emissions from fuel combustion related to the
hydrogen production unit.
0
21. Revise Sec. 98.166 to read as follows:
Sec. 98.166 Data reporting requirements.
In addition to the information required by Sec. 98.3(c), each
annual report must contain the information specified in paragraphs (a)
and (b) of this section, as appropriate.
(a) If a CEMS is used to measure CO2 emissions, then you
must report the relevant information required under Sec. 98.36 for the
Tier 4 Calculation Methodology for each CEMS monitoring location.
(b) For each hydrogen production process unit, report:
(1) Unit identification number and the information about the unit
specified in paragraphs (b)(1)(i) and (ii) of this section:
(i) The type of hydrogen production 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, other (specify)); and,
(ii) The type of hydrogen purification method (pressure swing
adsorption, amine adsorption, membrane separation, other (specify),
none).
[[Page 32929]]
(2) Annual CO2 emissions (metric tons) and the
calculation methodology (CEMS for 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 plus fuel combustion emissions
calculated using Equations P-1 through P-3; material balance using
Equations P-1 through P-3 only; material balance using Equations P-1
through P-4).
(i) If either a CEMS on a common stack for multiple hydrogen
production units or CEMS on a common stack for hydrogen production
unit(s) and other sources is used, you must also report the estimated
decimal fraction of the total annual CO2 emissions from the
CEMS monitoring location (estimated using engineering estimates or best
available data) attributable to this hydrogen production unit.
(ii) If the method selected is CEMS measuring process emissions
alone plus mass balance for hydrogen production unit fuel combustion
using Equations P-1 through P-3, you must also report the annual
CO2 emissions (metric tons) calculated for this hydrogen
production unit's fuel combustion using Equations P-1 through P-3.
(3) The following quantities of hydrogen exiting the hydrogen
production unit:
(i) Annual quantity of hydrogen produced by reforming,
gasification, oxidation, reaction, or other transformation of
feedstocks (metric tons).
(ii) Annual quantity of hydrogen that is purified only (metric
tons). This quantity may be assumed to be equal to the annual quantity
of hydrogen in the feedstocks to the hydrogen production unit.
(4) Annual quantity of ammonia intentionally produced as a desired
product, if applicable (metric tons).
(5) If a material balance method is used, name and annual quantity
(metric tons) of each carbon-containing fuel and feedstock.
(6) Quantity of CO2 collected and transferred off site
in either gas, liquid, or solid forms, following the requirements of
subpart PP of this part.
(7) Annual quantity of carbon other than CO2 or methanol
collected and transferred off site in either gas, liquid, or solid
forms (metric tons carbon).
(8) Annual quantity of methanol intentionally produced as a desired
product, if applicable, (metric tons) for each process unit.
(9) Annual net quantity of steam consumed by the unit, (metric
tons). Include steam purchased or produced outside of the hydrogen
production unit. If the hydrogen production unit is a net producer of
steam, enter the annual net quantity of steam consumed by the unit as a
negative value.
0
22. Amend Sec. 98.167 by revising paragraph (b), removing and
reserving paragraph (c), and revising paragraph (d).
Sec. 98.167 Records that must be retained.
* * * * *
(b) You must retain records of all analyses and calculations
conducted to determine the values reported in Sec. 98.166(b).
(c) [Reserved]
(d) The owner or operator must document the procedures used to
ensure the accuracy of the estimates of fuel and feedstock usage in
Sec. 98.163(b), including, but not limited to, calibration of weighing
equipment, fuel and feedstock flow meters, and other measurement
devices. The estimated accuracy of measurements made with these devices
must also be recorded, and the technical basis for these estimates must
be provided.
* * * * *
Subpart Y--Petroleum Refineries
0
23. Amend Sec. 98.250 by revising paragraph (c) to read as follows:
Sec. 98.250 Definition of source category.
* * * * *
(c) This source category consists of the following sources at
petroleum refineries: Catalytic cracking units; fluid coking units;
delayed coking units; catalytic reforming units; asphalt blowing
operations; blowdown systems; storage tanks; process equipment
components (compressors, pumps, valves, pressure relief devices,
flanges, and connectors) in gas service; marine vessel, barge, tanker
truck, and similar loading operations; flares; and sulfur recovery
plants.
Sec. 98.252 [Amended]
0
24. Amend Sec. 98.252 by removing and reserving paragraphs (e) and
(i).
0
25. Amend Sec. 98.253 by:
0
a. Revising parameter ``CO2'' of Equation Y-9 in paragraph
(c)(4) and parameter ``CO2'' of Equation Y-10 in paragraph
(c)(5); and
0
b. Removing and reserving paragraph (g).
The revisions read as follows:
Sec. 98.253 Calculating GHG emissions.
* * * * *
(c) * * *
(4) * * *
CO2 = Emission rate of CO2 from coke burn-off
calculated in paragraphs (c)(1), (c)(2), (e)(1), or (e)(2) of this
section, as applicable (metric tons/year).
* * * * *
(5) * * *
CO2 = Emission rate of CO2 from coke burn-off
calculated in paragraphs (c)(1), (c)(2), (e)(1), or (e)(2) of this
section, as applicable (metric tons/year).
* * * * *
(g) [Removed and Reserved]
Sec. 98.254 [Amended]
0
26. Amend Sec. 98.254 by removing and reserving paragraphs (h) and
(i).
Sec. 98.255 [Amended]
0
27. Amend Sec. 98.255 by removing and reserving paragraph (d).
0
28. Amend Sec. 98.256 by:
0
a. Removing and reserving paragraphs (b) and (i); and
0
b. Revising paragraph (j)(2).
The revisions read as follows:
Sec. 98.256 Data reporting requirements.
* * * * *
(b) [Removed and Reserved]
* * * * *
(i) [Removed and Reserved]
* * * * *
(j) * * *
(2) Maximum rated throughput of the unit, in metric tons asphalt/
stream day.
* * * * *
0
29. Amend Sec. 98.257 by:
0
a. Revising paragraphs (b)(16) through (19); and
0
b. Removing and reserving paragraphs (b)(27) through (31).
The revisions read as follows:
Sec. 98.257 Records that must be retained.
* * * * *
(b) * * *
(16) Value of unit-specific CH4 emission factor,
including the units of measure, for each catalytic cracking unit,
traditional fluid coking unit, and catalytic reforming unit
(calculation method in Sec. 98.253(c)(4)).
(17) Annual activity data (e.g., input or product rate), including
the units of measure, in units of measure consistent with the emission
factor, for each catalytic cracking unit, traditional fluid coking
unit, and catalytic reforming unit (calculation method in Sec.
98.253(c)(4)).
(18) Value of unit-specific N2O emission factor,
including the units of measure, for each catalytic cracking unit,
traditional fluid coking unit, and catalytic reforming unit
(calculation method in Sec. 98.253(c)(5)).
(19) Annual activity data (e.g., input or product rate), including
the units of
[[Page 32930]]
measure, in units of measure consistent with the emission factor, for
each catalytic cracking unit, traditional fluid coking unit, and
catalytic reforming unit (calculation method in Sec. 98.253(c)(5)).
* * * * *
(27) [Removed and Reserved]
(28) [Removed and Reserved]
(29) [Removed and Reserved]
(30) [Removed and Reserved]
(31) [Removed and Reserved]
* * * * *
Subpart AA--Pulp and Paper Manufacturing
0
30. Amend Sec. 98.273 by:
0
a. Revising introductory paragraph (a) and paragraphs (a)(1) and (2);
0
b. Adding paragraph (a)(4);
0
c. Revising introductory paragraph (b) and paragraphs (b)(1) and (2);
0
d. Adding paragraph (b)(5);
0
e. Revising introductory paragraph (c) and paragraphs (c)(1) and (2);
and
0
f. Adding paragraph (c)(4).
The revisions and additions read as follows:
Sec. 98.273 Calculating GHG emissions.
(a) For each chemical recovery furnace located at a kraft or soda
facility, you must determine CO2, biogenic CO2,
CH4, and N2O emissions using the procedures in
paragraphs (a)(1) through (a)(4) of this section. CH4 and
N2O emissions must be calculated as the sum of emissions
from combustion of fuels and combustion of biomass in spent liquor
solids.
(1) Calculate CO2 emissions from fuel combustion using
direct measurement of fuels consumed and default emissions factors
according to the Tier 1 methodology for stationary combustion sources
in Sec. 98.33(a)(1). Tiers 2 or 3 from Sec. 98.33(a)(2) or (3) may be
used to calculate CO2 emissions if the respective monitoring
and QA/QC requirements described in Sec. 98.34 are met.
(2) Calculate CH4 and N2O emissions from fuel
combustion using direct measurement of fuels consumed, default or site-
specific HHV, and default emissions factors and convert to metric tons
of CO2 equivalent according to the methodology for
stationary combustion sources in Sec. 98.33(c).
* * * * *
(4) Calculate biogenic CO2 emissions from combustion of
biomass (other than spent liquor solids) with other fuels according to
the applicable methodology for stationary combustion sources in Sec.
98.33(e).
(b) For each chemical recovery combustion unit located at a sulfite
or stand-alone semichemical facility, you must determine
CO2, CH4, and N2O emissions using the
procedures in paragraphs (b)(1) through (5) of this section:
(1) Calculate CO2 emissions from fuel combustion using
direct measurement of fuels consumed and default emissions factors
according to the Tier 1 Calculation Methodology for stationary
combustion sources in Sec. 98.33(a)(1). Tiers 2 or 3 from Sec.
98.33(a)(2) or (3) may be used to calculate CO2 emissions if
the respective monitoring and QA/QC requirements described in Sec.
98.34 are met.
(2) Calculate CH4 and N2O emissions from fuel
combustion using direct measurement of fuels consumed, default or site-
specific HHV, and default emissions factors and convert to metric tons
of CO2 equivalent according to the methodology for
stationary combustion sources in Sec. 98.33(c).
* * * * *
(5) Calculate biogenic CO2 emissions from combustion of
biomass (other than spent liquor solids) with other fuels according to
the applicable methodology for stationary combustion sources in Sec.
98.33(e).
(c) For each pulp mill lime kiln located at a kraft or soda
facility, you must determine CO2, CH4, and
N2O emissions using the procedures in paragraphs (c)(1)
through (c)(4) of this section:
(1) Calculate CO2 emissions from fuel combustion using
direct measurement of fuels consumed and default HHV and default
emissions factors, according to the Tier 1 Calculation Methodology for
stationary combustion sources in Sec. 98.33(a)(1). Tiers 2 or 3 from
Sec. 98.33(a)(2) or (3) may be used to calculate CO2
emissions if the respective monitoring and QA/QC requirements described
in Sec. 98.34 are met.
(2) Calculate CH4 and N2O emissions from fuel
combustion using direct measurement of fuels consumed, default or site-
specific HHV, and default emissions factors and convert to metric tons
of CO2 equivalent according to the methodology for
stationary combustion sources in Sec. 98.33(c); use the default HHV
listed in Table C-1 of subpart C and the default CH4 and
N2O emissions factors listed in Table AA-2 of this subpart.
* * * * *
(4) Calculate biogenic CO2 emissions from combustion of
biomass with other fuels according to the applicable methodology for
stationary combustion sources in Sec. 98.33(e).
* * * * *
0
31. Amend Sec. 98.276 by revising paragraph (a) to read as follows:
Sec. 98.276 Data reporting requirements.
* * * * *
(a) Annual emissions of CO2, biogenic CO2,
CH4, and N2O (metric tons per year).
* * * * *
0
32. Amend Sec. 98.277 by revising paragraph (d) to read as follows:
Sec. 98.277 Records that must be retained.
* * * * *
(d) Annual quantity of spent liquor solids combusted in each
chemical recovery furnace and chemical recovery combustion unit, and
the basis for determining the annual quantity of the spent liquor
solids combusted (whether based on T650 om-05 Solids Content of Black
Liquor, TAPPI (incorporated by reference, see Sec. 98.7) or an online
measurement system). If an online measurement system is used, you must
retain records of the calculations used to determine the annual
quantity of spent liquor solids combusted from the continuous
measurements.
* * * * *
Subpart HH--Municipal Solid Waste Landfills
0
33. Amend Sec. 98.343 by:
0
a. Revising paragraph (c) introductory text;
0
b. Revising Equation HH-6 in paragraph (c)(3)(i);
0
c. Adding parameters ``M,'' ``0.0026,'' ``dm,'' and
``Sm'' to Equation HH-6 in paragraph (c)(3)(i);
0
d. Revising parameters ``Rn'' and ``fDest,n'' to
Equation HH-6 in paragraph (c)(3)(i);
0
e. Revising Equations HH-7 and HH-8 in paragraph (c)(3)(ii);
0
f. Removing parameter ``fRec,n'' to Equations HH-7 and HH-8
in paragraph (c)(3)(ii);
0
g. Adding parameters ``C,'' ``X,'' ``Rx,c,''
``fRec,c,'' ``M,'' ``0.0026,'' ``dm,'' and
``Sm'' to Equation HH-7 in paragraph (c)(3)(ii);
0
h. Revising parameter ``CE'' to Equation HH-7 in paragraph (c)(3)(ii);
0
i. Adding parameters ``C,'' ``X,'' ``Rx,c,'' and
``fRec,c'' to Equation HH-8 in paragraph (c)(3)(ii);
0
j. Revising parameters ``N'' and ``fDest,n'' to Equation HH-
8 in paragraph (c)(3)(ii); and
0
k. Adding paragraph (c)(4).
The revisions read as follows:
Sec. 98.343 Calculating GHG emissions.
* * * * *
(c) For all landfills, calculate CH4 generation
(adjusted for oxidation in cover materials) and actual CH4
emissions (taking into account any CH4 recovery, and
oxidation in cover
[[Page 32931]]
materials) according to the applicable methods in paragraphs (c)(1)
through (4) of this section.
* * * * *
(3) * * *
(i) * * *
[GRAPHIC] [TIFF OMITTED] TP22MY23.006
* * * * *
Rn = Quantity of recovered CH4 from Equation
HH-4 of this section for the nth measurement location (metric tons
CH4).
* * * * *
M = Number of individual surface measurements that exceed 500 parts
per million (ppm) above background in the reporting year. If surface
monitoring is not performed or no measurement exceeded 500 ppm above
background in the reporting year, assume M = 0.
0.0000284 = Correlation factor (metric tons methane per ppm surface
concentration per day).
dm = Leak duration (days), estimated as the number of
days since the last monitoring event at the specified location from
company records. Alternatively, you may use the following defaults
for d: 10 days for 10-day monitoring events; 30 days for monthly
monitoring, 91 days for quarterly monitoring, and 365 days for
annual monitoring.
Sm = Surface measurement methane concentration for the
mth measurement that exceeds 500 parts per million above background
(parts per million by volume).
* * * * *
fDest,n = Fraction of hours the destruction device
associated with the nth measurement location was operating during
active gas flow calculated as the annual operating hours for the
destruction device divided by the annual hours flow was sent to the
destruction device as measured at the nth measurement location. The
annual operating hours for the destruction device should include
only those periods when flow was sent to the destruction device and
the destruction device was operating at its intended temperature or
other parameter indicative of effective operation. For flares, times
when there is no pilot flame present must be excluded from the
annual operating hours for the destruction device. If the gas is
transported off-site for destruction, use fDest,n= 1. If
the volumetric flow and CH4 concentration of the
recovered gas is measured at a single location providing landfill
gas to multiple destruction devices (including some gas destroyed
on-site and some gas sent off-site for destruction), calculate
fDest,n as the arithmetic average of the fDest
values determined for each destruction device associated with that
measurement location.
(ii) * * *
[GRAPHIC] [TIFF OMITTED] TP22MY23.007
[GRAPHIC] [TIFF OMITTED] TP22MY23.008
* * * * *
C = Number of landfill gas collection systems operated at the
landfill.
X = Number of landfill gas measurement locations associated with
landfill gas collection system ``c''.
N = Number of landfill gas measurement locations (associated with a
destruction device or gas sent off-site). If a single monitoring
location is used to monitor volumetric flow and CH4
concentration of the recovered gas sent to one or multiple
destruction devices, then N = 1. Note that N = [Sigma]Cc=1
[[Sigma]Xx=1[1]].
Rx,c = Quantity of recovered CH4 from Equation
HH-4 of this section for the xth measurement location for landfill
gas collection system ``c'' (metric tons CH4).
* * * * *
CE = Collection efficiency estimated at landfill, taking into
account system coverage, operation, measurement practices, and cover
system materials from Table HH-3 of this subpart. If area by soil
cover type information is not available, use applicable default
value for CE4 in Table HH-3 of this subpart for all areas under
active influence of the collection system.
* * * * *
fRec,c = Fraction of hours the landfill gas collection
system ``c'' was operating normally (annual operating hours/8760
hours per year or annual operating hours/8784 hours per year for a
leap year). Do not include periods of shut down or poor operation,
such as times when pressure, temperature, or other parameters
indicative of operation are outside of normal variances, in the
annual operating hours.
* * * * *
M = Number of individual surface measurements that exceed 500 parts
per million (ppm) above background in the reporting year. If surface
monitoring is not performed or no measurement exceeded 500 ppm above
background in the reporting year, assume M = 0.
0.0000284 = Correlation factor (metric tons methane per ppm surface
concentration per day)
dm = Leak duration (days), estimated as the number of
days since the last monitoring event at the specified location from
company records. Alternatively, you may use the following defaults
for d: 10 days for 10-day monitoring events; 30 days for monthly
monitoring, 91 days for quarterly monitoring, and 365 days for
annual monitoring.
Sm = Surface measurement methane concentration for the
mth measurement that exceeds 500 parts per million above background
(parts per million by volume).
* * * * *
fDest,n = Fraction of hours the destruction device
associated with the nth measurement location was operating during
active gas flow calculated as the annual operating hours for the
destruction device divided by the annual hours flow was sent to the
destruction
[[Page 32932]]
device as measured at the nth measurement location. The annual
operating hours for the destruction device should include only those
periods when flow was sent to the destruction device and the
destruction device was operating at its intended temperature or
other parameter indicative of effective operation. For flares, times
when there is no pilot flame present must be excluded from the
annual operating hours for the destruction device. If the gas is
transported off-site for destruction, use fDest,n= 1. If
the volumetric flow and CH4 concentration of the
recovered gas is measured at a single location providing landfill
gas to multiple destruction devices (including some gas destroyed
on-site and some gas sent off-site for destruction), calculate
fDest,n as the arithmetic average of the fDest
values determined for each destruction device associated with that
measurement location.
(4) For landfills with landfill gas collection systems, you must
comply with the applicable requirements in paragraphs (c)(4)(i) through
(iii) of this section when calculating the emissions in paragraph
(c)(3) of this section.
(i) For landfills with landfill gas collection systems required to
conduct surface methane concentration measurements according to 40 CFR
part 60, subparts Cc, Cf, WWW or XXX or according to 40 CFR part 62,
subpart GGG or OOO, you must use the method for conducting surface
methane concentration measurements in Sec. 98.344(g) of this subpart
as applicable to your landfill, you must account for each exceedance
including exceedances when re-monitoring, and you must use the landfill
gas collection efficiencies in Table HH-3 of this subpart applicable to
``landfills for which surface methane concentration measurements are
conducted.''
(ii) For landfills with landfill gas collection systems that are
not required to conduct surface methane concentration measurements
according to 40 CFR part 60, subparts Cc, Cf, WWW or XXX or according
to 40 CFR part 62, subpart GGG or OOO but elect to conduct surface
methane concentration measurements in lieu of meeting the requirements
in paragraph (c)(4)(iii) of this section for landfills with landfill
gas collection systems that do not conduct surface methane
concentration measurements, you must use the method for conducting
surface methane concentration measurements described in Sec.
98.344(g)(7) of this subpart, you must account for each exceedance
including re-monitoring exceedances (if re-monitoring is conducted),
and you must use the landfill gas collection efficiencies in Table HH-3
of this subpart applicable to ``landfills for which surface methane
concentration measurements are conducted.''
(iii) For landfills with landfill gas collection systems that are
not required to conduct surface methane concentration measurements
according to 40 CFR part 60, subparts Cc, Cf, WWW or XXX or according
to 40 CFR part 62, subpart GGG or OOO and elect not to conduct surface
methane concentration measurements, you must use the landfill gas
collection efficiencies in Table HH-3 of this subpart applicable to
``landfills for which no surface methane concentration measurements are
conducted.''
0
34. Amend Sec. 98.344 by adding paragraph (g) to read as follows:
Sec. 98.344 Monitoring and QA/QC requirements.
* * * * *
(g) The owner or operator shall conduct surface methane
concentration measurements according to the requirements in paragraphs
(g)(1) through (7) of this section, as applicable.
(1) For landfills with landfill gas collection systems that are
required to conduct surface methane concentration measurements
according to 40 CFR part 60, subpart Cc, you must monitor surface
concentrations of methane according to the procedures in Sec.
60.755(c) and the instrument specifications in Sec. 60.755(d) of this
chapter.
(2) For landfills with landfill gas collection systems that are
required to conduct surface methane concentration measurements
according to 40 CFR part 60, subpart Cf, you must monitor surface
concentrations of methane according to the procedures in Sec.
60.36f(c) and the instrument specifications in Sec. 60.36f(d) of this
chapter.
(3) For landfills with landfill gas collection systems that are
required to conduct surface methane concentration measurements
according to 40 CFR part 60, subpart WWW, you must monitor surface
concentrations of methane according to the procedures in Sec.
60.755(c) and the instrument specifications in Sec. 60.755(d) of this
chapter.
(4) For landfills with landfill gas collection systems that are
required to conduct surface methane concentration measurements
according to 40 CFR part 60, subpart XXX, you must monitor surface
concentrations of methane according to the procedures in Sec.
60.765(c) and the instrument specifications in Sec. 60.765(d) of this
chapter.
(5) For landfills with landfill gas collection systems that are
required to conduct surface methane concentration measurements
according to 40 CFR part 62, subpart GGG, you must monitor surface
concentrations of methane according to the procedures in Sec.
60.755(c) and the instrument specifications in Sec. 60.755(d) of this
chapter.
(6) For landfills with landfill gas collection systems that are
required to conduct surface methane concentration measurements
according to 40 CFR part 62, subpart OOO, you must monitor surface
concentrations of methane according to the procedures in Sec.
62.16720(c) and the instrument specifications in Sec. 60.16720(d) of
this chapter.
(7) For landfills with landfill gas collection systems that are not
required to conduct surface methane concentration measurements
according to 40 CFR part 60, subparts Cc, Cf, WWW or XXX or according
to 40 CFR part 62, subpart GGG or OOO but elect to conduct surface
methane concentration measurements, you must monitor surface
concentrations of methane according to the procedures in Sec.
60.765(c) and the instrument specifications in Sec. 60.765(d) of this
chapter.
0
35. Amend Sec. 98.346 by:
0
a. Redesignating paragraph (i) as paragraph (j).
0
b. Revising newly redesignated paragraphs (j)(5) through (7)
0
c. Redesignating paragraph (h) as paragraph (i).
0
d. Adding new paragraph (h) to read as follows:
Sec. 98.346 Data reporting requirements.
* * * * *
(h) 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) and, if the landfill is 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.
* * * * *
(j) * * *
(5) The number of gas collection systems at the landfill facility.
(6) For each gas collection system at the facility report:
[[Page 32933]]
(i) A unique name or ID number for the gas collection system.
(ii) A description of the gas collection system (manufacturer,
capacity, and number of wells).
(iii) The annual hours the gas collection system was operating
normally. Do not include periods of shut down or poor operation, such
as times when pressure, temperature, or other parameters indicative of
operation are outside of normal variances, in the annual operating
hours.
(iv) The number of measurement locations associated with the gas
collection system.
(v) For each measurement location associated with the gas
collection system, report:
(A) A unique name or ID number for the measurement location.
[sum3]Cc=1[lsqb3][sum3]Xx=1[1][rsqb3].
(B) Annual quantity of recovered CH4 (metric tons
CH4) calculated using Equation HH-4 of this subpart.
(C) An indication of whether destruction occurs at the landfill
facility, off-site, or both for the measurement location.
(D) If destruction occurs at the landfill facility for the
measurement location (in full or in part), also report the number of
destruction devices associated with the measurement location that are
located at the landfill facility and the information in paragraphs
(j)(6)(v)(D)(1) through (6) of this section for each destruction device
located at the landfill facility.
(1) A unique name or ID number for the destruction device.
(2) The type of destruction device (flare, a landfill gas to energy
project (i.e., engine or turbine), off-site, or other (specify)).
(3) The destruction efficiency (decimal).
(4) The total annual hours where active gas flow was sent to the
destruction device.
(5) 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. For flares, times when there is no pilot flame present must
be excluded from the annual operating hours for the destruction device.
(6) 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 (decimal, must total to
1 for each measurement location).
(7) The following information about the landfill.
(i) The surface area (square meters) and estimated waste depth
(meters) for each area specified in Table HH-3 to this subpart.
(ii) The estimated gas collection system efficiency for the
landfill.
(iii) An indication of whether passive vents and/or passive flares
(vents or flares that are not considered part of the gas collection
system as defined in Sec. 98.6) are present at the landfill.
(iv) An indication of whether surface methane concentration
measurements were made at the landfill during the reporting year, the
frequency of routine measurements (annual, semiannual, quarterly,
bimonthly, monthly, or varied during the reporting year), and the total
number of surface methane concentration measurements that exceeded 500
parts per million above background during the reporting year.
(v) For each surface methane concentration measurement that
exceeded 500 parts per million above background during the reporting
year report:
(A) A unique name or ID number for the surface measurement.
(B) The date of the measurement.
(C) The measured methane concentration (in parts per million by
volume).
(D) The leak duration (days).
* * * * *
0
36. Revise table HH-1 to subpart HH of part 98 to read as follows:
Table HH-1 to Subpart HH of Part 98--Emissions Factors, Oxidation Factors and Methods
----------------------------------------------------------------------------------------------------------------
Factor Default value Units
----------------------------------------------------------------------------------------------------------------
DOC and k values--Bulk waste option
----------------------------------------------------------------------------------------------------------------
DOC (bulk waste)....................... 0.17.................... Weight fraction, wet basis.
k (precipitation plus recirculated 0.055................... yr-\1\.
leachate \a\ <20 inches/year).
k (precipitation plus recirculated 0.111................... yr-\1\.
leachate \a\ 20-40 inches/year).
k (precipitation plus recirculated 0.142................... yr-\1\.
leachate \a\ >40 inches/year).
----------------------------------------------------------------------------------------------------------------
DOC and k values--Modified bulk MSW option
----------------------------------------------------------------------------------------------------------------
DOC (bulk MSW, excluding inerts and C&D 0.27.................... Weight fraction, wet basis.
waste).
DOC (inerts, e.g., glass, plastics, 0.00.................... Weight fraction, wet basis.
metal, concrete).
DOC (C&D waste)........................ 0.08.................... Weight fraction, wet basis.
k (bulk MSW, excluding inerts and C&D 0.055 to 0.142 \b\...... yr-\1\.
waste).
k (inerts, e.g., glass, plastics, 0.00.................... yr-\1\.
metal, concrete).
k (C&D waste).......................... 0.02 to 0.04 \b\........ yr-\1\.
----------------------------------------------------------------------------------------------------------------
DOC and k values--Waste composition option
----------------------------------------------------------------------------------------------------------------
DOC (food waste)....................... 0.15.................... Weight fraction, wet basis.
DOC (garden)........................... 0.2..................... Weight fraction, wet basis.
DOC (paper)............................ 0.4..................... Weight fraction, wet basis.
DOC (wood and straw)................... 0.43.................... Weight fraction, wet basis.
DOC (textiles)......................... 0.24.................... Weight fraction, wet basis.
DOC (diapers).......................... 0.24.................... Weight fraction, wet basis.
DOC (sewage sludge).................... 0.05.................... Weight fraction, wet basis.
DOC (inerts, e.g., glass, plastics, 0.00.................... Weight fraction, wet basis.
metal, cement).
DOC (Uncharacterized MSW).............. 0.32.................... Weight fraction, wet basis.
k (food waste)......................... 0.06 to 0.185 \c\....... yr-\1\.
k (garden)............................. 0.05 to 0.10 \c\........ yr-\1\.
k (paper).............................. 0.04 to 0.06 \c\........ yr-\1\.
k (wood and straw)..................... 0.02 to 0.03 \c\........ yr-\1\.
[[Page 32934]]
k (textiles)........................... 0.04 to 0.06 \c\........ yr-\1\.
k (diapers)............................ 0.05 to 0.10 \c\........ yr-\1\.
k (sewage sludge)...................... 0.06 to 0.185 \c\....... yr-\1\.
k (inerts, e.g., glass, plastics, 0.00.................... yr-\1\.
metal, concrete).
k (uncharacterized MSW)................ 0.055 to 0.142 \b\...... yr-\1\.
----------------------------------------------------------------------------------------------------------------
Other parameters--All MSW landfills
----------------------------------------------------------------------------------------------------------------
MCF.................................... 1.......................
DOCF................................... 0.5.....................
F...................................... 0.5.....................
OX..................................... See Table HH-4 of this
subpart.
DE..................................... 0.99....................
----------------------------------------------------------------------------------------------------------------
\a\ Recirculated leachate (in inches/year) is the total volume of leachate recirculated from company records or
engineering estimates divided by the area of the portion of the landfill containing waste with appropriate
unit conversions. Alternatively, landfills that use leachate recirculation can elect to use the k value of
0.142 rather than calculating the recirculated leachate rate.
\b\ Use the lesser value when precipitation plus recirculated leachate is less than 20 inches/year. Use the
greater value when precipitation plus recirculated leachate is greater than 40 inches/year. Use the average of
the range of values when precipitation plus recirculated leachate is 20 to 40 inches/year (inclusive).
Alternatively, landfills that use leachate recirculation can elect to use the greater value rather than
calculating the recirculated leachate rate.
\c\ Use the lesser value when the potential evapotranspiration rate exceeds the mean annual precipitation rate
plus recirculated leachate. Use the greater value when the potential evapotranspiration rate does not exceed
the mean annual precipitation rate plus recirculated leachate. Alternatively, landfills that use leachate
recirculation can elect to use the greater value rather than assessing the potential evapotranspiration rate
or recirculated leachate rate.
0
37. Amend table HH-3 to subpart HH of part 98 to read as follows:
Table HH-3 to Subpart HH of Part 98--Landfill Gas Collection Efficiencies
----------------------------------------------------------------------------------------------------------------
Landfill gas collection efficiency
-------------------------------------------------------------------
Landfills for Landfills for
which surface which no surface
Description methane methane
Term ID concentration concentration
measurements \1\ measurements \1\
are conducted are conducted
(%) (%)
----------------------------------------------------------------------------------------------------------------
A1: Area with no waste in-place............. Not applicable; do not use this area in the calculation.
-------------------------------------------------------------------
A2: Area without active gas collection, CE2........................... 0 0
regardless of cover type.
A3: Area with daily soil cover and active CE3........................... 60 50
gas collection.
A4: Area with an intermediate soil cover, or CE4........................... 75 65
a final soil cover not meeting the criteria
for A5 below, and active gas collection.
A5: Area with a final soil cover of 3 feet CE5........................... 95 85
or thicker of clay or final cover (as
approved by the relevant agency) and/or
geomembrane cover system and active gas
collection.
-------------------------------------------------------------------
Area weighted average collection efficiency CEave1 = (A2*CE2 + A3*CE3 + A4*CE4 + A5*CE5)/(A2 + A3 + A4 + A5).
for landfills.
----------------------------------------------------------------------------------------------------------------
\1\ Surface methane concentration measurements include only those conducted as required under 40 CFR part 60,
subparts WWW or XXX, or approved state plans to implement the emission guidelines in 40 CFR part 60, subparts
Cc or Cf, or Federal plan at 40 CFR part 62 subparts GGG or OOO, or, for those electing to conduct surface
concentration measurements, those conducted according to the method provided in Sec. 98.344(g) of this
subpart.
0
38. Revise footnote ``b'' to table HH-4 to subpart HH of part 98 to
read as follows:
[[Page 32935]]
Table HH-4 to Subpart HH of Part 98--Landfill Methane Oxidation
Fractions
------------------------------------------------------------------------
Use this landfill
Under these conditions: methane oxidation
fraction:
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
* * * * * * *
\b\ Methane flux rate (in grams per square meter per day; g/m\2\/d) is
the mass flow rate of methane per unit area at the bottom of the
surface soil prior to any oxidation and is calculated as follows:
For Equation HH-5 of this subpart, or for Equation TT-6 of subpart
TT of this part,
MF = K x GCH4/SArea
For Equation HH-6 of this subpart,
[GRAPHIC] [TIFF OMITTED] TP22MY23.009
For Equation HH-7 of this subpart,
[GRAPHIC] [TIFF OMITTED] TP22MY23.010
For Equation HH-8 of this subpart,
[GRAPHIC] [TIFF OMITTED] TP22MY23.011
Where:
MF = Methane flux rate from the landfill in the reporting year
(grams per square meter per day, g/m\2\/d).
K = unit conversion factor = 10\6\/365 (g/metric ton per days/year)
or 10\6\/366 for a leap year.
SArea = The surface area of the landfill containing waste at the
beginning of the reporting year (square meters, m\2\).
GCH4 = Modeled methane generation rate in reporting year
from Equation HH-1 of this subpart or Equation TT-1 of subpart TT of
this part, as applicable, except for application with Equation HH-6
of this subpart (metric tons CH4). For application with
Equation HH-6 of this subpart, the greater of the modeled methane
generation rate in reporting year from Equation HH-1 of this subpart
or Equation TT-1 of this part, as applicable, and the quantity of
recovered CH4 from Equation HH-4 of this subpart (metric
tons CH4).
CE = Collection efficiency estimated at landfill, taking into
account system coverage, operation, measurement practices, and cover
system materials from Table HH-3 of this subpart. If area by soil
cover type information is not available, use applicable default
value for CE4 in Table HH-3 of this subpart for all areas under
active influence of the collection system.
C = Number of landfill gas collection systems operated at the
landfill.
X = Number of landfill gas measurement locations associated with
landfill gas collection system ``c''.
N = Number of landfill gas measurement locations (associated with a
destruction device or gas sent off-site). If a single monitoring
location is used to monitor volumetric flow and CH4
concentration of the recovered gas sent to one or multiple
destruction devices, then N = 1. Note that N = [Sigma]c=1C
[[Sigma]x=1X[1]].
Rx,c = Quantity of recovered CH4 from Equation
HH-4 of this subpart for the xth measurement location for landfill
gas collection system ``c'' (metric tons CH4).
Rn = Quantity of recovered CH4 from Equation
HH-4 of this subpart for the nth measurement location (metric tons
CH4).
fRec,c = Fraction of hours the landfill gas collection
system ``c'' was operating normally (annual operating hours/8760
hours per year or annual operating hours/8784 hours per year for a
leap year). Do not include periods of shutdown or poor operation,
such as times when pressure, temperature, or other parameters
indicative of operation are outside of normal variances, in the
annual operating hours.
Subpart OO--Suppliers of Industrial Greenhouse Gases
0
39. Amend Sec. 98.416 by:
0
a. Revising paragraph (c) introductory text;
0
b. Adding paragraph (c)(11);
0
c. Revising paragraph (d) introductory text; and
0
d. Adding paragraph (k).
The revisions and additions read as follows:
Sec. 98.416 Data reporting requirements.
* * * * *
(c) Each bulk importer of fluorinated GHGs, fluorinated HTFs, or
nitrous oxide shall submit an annual report that summarizes its imports
at the corporate level, except importers may exclude shipments
including less than twenty-five kilograms of fluorinated GHGs,
fluorinated HTFs, or nitrous oxide; transshipments if the importer also
excludes transshipments from reporting of exports under paragraph (d)
of this section; and heels that meet the conditions set forth at Sec.
98.417(e) if the importer also excludes heels from any reporting of
exports under paragraph (d) of this section. The report shall contain
the following information for each import:
* * * * *
(11) For all GHGs that are not regulated substances under 40 CFR
part 84 (Phasedown of Hydrofluorocarbons), a copy of the corresponding
U.S. Customs entry form for each reported import.
(d) Each bulk exporter of fluorinated GHGs, fluorinated HTFs, or
nitrous oxide shall submit an annual report that summarizes its exports
at the corporate level, except exporters may exclude shipments
including less than twenty-five kilograms of fluorinated GHGs,
fluorinated HTFs, or nitrous oxide; transshipments if the exporter also
excludes transshipments from reporting of imports under paragraph (c)
of this section; and heels if the exporter also
[[Page 32936]]
excludes heels from any reporting of imports under paragraph (c) of
this section. The report shall contain the following information for
each export:
* * * * *
(k) For nitrous oxide, saturated perfluorocarbons, sulfur
hexafluoride, and fluorinated heat transfer fluids as defined at Sec.
98.6, report the end use(s) for which each GHG or fluorinated HTF is
transferred and the aggregated annual quantity of that GHG or
fluorinated HTF in metric tons that is transferred to that end use
application, if known.
Subpart PP--Suppliers of Carbon Dioxide
0
40. Amend Sec. 98.426 by:
0
a. Redesignating paragraphs (f)(12) and (13) as paragraphs (f)(13) and
(14), respectively;
0
b. Adding new paragraph (f)(12); and
0
c. Revising paragraph (h).
The revisions and additions read as follows:
Sec. 98.426 Data reporting requirements.
* * * * *
(f) * * *
(12) Geologic sequestration of carbon dioxide with enhanced oil
recovery that is covered by subpart VV of this part.
* * * * *
(h) If you capture a CO2 stream from a facility that is
subject to this part and transfer CO2 to any facilities that
are subject to subpart RR or subpart VV of this part, you must:
(1) Report the facility identification number associated with the
annual GHG report for the facility that is the source of the captured
CO2 stream;
(2) Report each facility identification number associated with the
annual GHG reports for each subpart RR and subpart VV facility to which
CO2 is transferred; and
(3) Report the annual quantity of CO2 in metric tons
that is transferred to each subpart RR and subpart VV facility.
Subpart QQ--Importers and Exporters of Fluorinated Greenhouse Gases
Contained in Pre-Charged Equipment or Closed-Cell Foams
0
41. Amend Sec. 98.436 by adding paragraphs (a)(7) and (8) and (b)(7)
to read as follows:
Sec. 98.436 Data reporting requirements.
(a) * * *
(7) The Harmonized tariff system (HTS) code for each type of pre-
charged equipment or closed-cell foam imported.
(8) A copy of the corresponding U.S. Customs entry form for each
reported import.
(b) * * *
(7) The Schedule B code for each type of pre-charged equipment or
closed-cell foam exported.
Subpart RR--Geologic Sequestration of Carbon Dioxide
42. Add the definition of ``Offshore'' in Sec. 98.449 to read as
follows:
Sec. 98.449 Definitions.
* * * * *
Offshore means seaward of the terrestrial borders of the United
States, including waters subject to the ebb and flow of the tide, as
well as adjacent bays, lakes or other normally standing waters, and
extending to the outer boundaries of the jurisdiction and control of
the United States under the Outer Continental Shelf Lands Act.
* * * * *
Subpart UU--Injection of Carbon Dioxide
0
43. Amend Sec. 98.470 by:
0
a. Revising paragraph (b);
0
b. Redesignating paragraph (c) as paragraph (d); and
0
c. Adding new paragraph (c).
The revisions and additions read as follows:
Sec. 98.470 Definition of the source category.
* * * * *
(b) If you report under subpart RR of this part for a well or group
of wells, you shall not report under this subpart for that well or
group of wells.
(c) If you report under subpart VV of this part for a well or group
of wells, you shall not report under this subpart for that well or
group of wells. If you previously met the source category definition
for subpart UU for a project where CO2 is injected in
enhanced recovery operations for oil and other hydrocarbons
(CO2-EOR) and then began using the International Standards
Organization (ISO) standard designated as CSA/ANSI ISO 27916:2019
(incorporated by reference, see Sec. 98.7) such that you met the
definition of the source category for subpart VV during a reporting
year, you must report under subpart UU for the portion of the year
before you began using CSA/ANSI ISO 27916:2019 and report under subpart
VV for the portion of the year after you began using CSA/ANSI ISO
27916:2019.
(d) A facility that is subject to this part only because it is
subject to subpart UU of this part is not required to report emissions
under subpart C of this part or any other subpart listed in Sec.
98.2(a)(1) or (2).
0
44. Add subpart VV to read as follows:
Subpart VV--Geologic Sequestration of Carbon Dioxide with Enhanced Oil
Recovery Using ISO 27916
Sec.
98.480 Definition of the source category.
98.481 Reporting threshold.
98.482 GHGs to report.
98.483 Calculating CO2 geologic sequestration.
98.484 Monitoring and QA/QC requirements.
98.485 Procedures for estimating missing data.
98.486 Data reporting requirements.
98.487 Records that must be retained.
98.488 EOR Operations Management Plan.
98.489 Definitions.
Sec. 98.480 Definition of the source category.
(a) This source category pertains to carbon dioxide
(CO2) that is injected in enhanced recovery operations for
oil and other hydrocarbons (CO2-EOR) in which all of the
following apply:
(1) You are using the International Standards Organization (ISO)
standard designated as CSA/ANSI ISO 27916:2019, ``Carbon Dioxide
Capture, Transportation and Geological Storage--Carbon Dioxide Storage
Using Enhanced Oil Recovery (CO2-EOR)'' (CSA/ANSI ISO
27916:2019) (incorporated by reference, see Sec. 98.7) as a method of
quantifying geologic sequestration of CO2 in association
with EOR operations.
(2) You are not reporting under subpart RR of this part.
(b) This source category does not include wells permitted as Class
VI under the Underground Injection Control program.
(c) If you are subject to only this subpart, you are not required
to report emissions under subpart C of this part or any other subpart
listed in Sec. 98.2(a)(1) or (2).
Sec. 98.481 Reporting threshold.
(a) You must report under this subpart if your CO2-EOR
project uses CSA/ANSI ISO 27916:2019 (incorporated by reference, see
Sec. 98.7) as a method of quantifying geologic sequestration of
CO2 in association with CO2-EOR operations. There
is no threshold for reporting.
(b) The requirements of Sec. 98.2(i) do not apply to this subpart.
Once a CO2-EOR project becomes subject to the requirements
of this subpart, you must continue for each year thereafter to comply
with all requirements of this subpart, including the requirement to
submit annual reports until the facility has met the requirements of
paragraphs (b)(1) and (2) of this section and submitted a notification
to discontinue reporting according to paragraph (b)(3) of this section.
(1) Discontinuation of reporting under this subpart must follow the
[[Page 32937]]
requirements set forth under Clause 10 of CSA/ANSI ISO 27916:2019.
(2) CO2-EOR project termination is completed when all of
the following occur:
(i) Cessation of CO2 injection.
(ii) Cessation of hydrocarbon production from the project
reservoir; and
(iii) Wells are plugged and abandoned unless otherwise required by
the appropriate regulatory authority.
(3) You must notify the Administrator of your intent to cease
reporting and provide a copy of the CO2-EOR project
termination documentation.
(c) If you previously met the source category definition for
subpart UU for your CO2-EOR project and then began using
CSA/ANSI ISO 27916:2019 as a method of quantifying geologic
sequestration of CO2 in association with CO2-EOR
operations during a reporting year, you must report under subpart UU
for the portion of the year before you began using CSA/ANSI ISO
27916:2019 and report under subpart VV for the portion of the year
after you began using CSA/ANSI ISO 27916:2019.
Sec. 98.482 GHGs to report.
You must report the following from Clause 8 of CSA/ANSI ISO
27916:2019 (incorporated by reference, see Sec. 98.7):
(a) The mass of CO2 received by the CO2-EOR
project.
(b) The mass of CO2 loss from the CO2-EOR
project operations.
(c) The mass of native CO2 produced and captured.
(d) The mass of CO2 produced and sent off-site.
(e) The mass of CO2 loss from the EOR complex.
(f) The mass of CO2 stored in association with
CO2-EOR.
Sec. 98.483 Calculating CO2 geologic sequestration.
You must calculate CO2 sequestered using the following
quantification principles from Clause 8.2 of CSA/ANSI ISO 27916:2019
(incorporated by reference, see Sec. 98.7).
(a) You must calculate the mass of CO2 stored in
association with CO2-EOR (mstored) in the
reporting year by subtracting the mass of CO2 loss from
operations and the mass of CO2 loss from the EOR complex
from the total mass of CO2 input (as specified in Equation
VV-1 of this section).
[GRAPHIC] [TIFF OMITTED] TP22MY23.012
Where:
mstored = the annual quantity of associated storage in
metric tons of CO2 mass.
minput = the total mass of CO2
mreceived by the EOR project plus mnative (see
Clause 8.3 and paragraph (c) of this section), metric tons. Native
CO2 produced and captured in the CO2-EOR
project (mnative) can be quantified and included in
minput.
mloss operations = the total mass of CO2 loss
from project operations (see Clauses 8.4.1 through 8.4.5 and
paragraph (d) of this section), metric tons.
mloss EOR complex = the total mass of CO2 loss
from the EOR complex (see Clause 8.4.6), metric tons.
(b) The manner by which associated storage is quantified must
assure completeness and preclude double counting. The annual mass of
CO2 that is recycled and reinjected into the EOR complex
must not be quantified as associated storage. Loss from the
CO2 recycling facilities must be quantified.
(c) You must quantify the total mass of CO2 input
(minput) in the reporting year according to paragraphs
(g)(1) through (3) of this section.
(1) You must include the total mass of CO2 received at
the custody transfer meter by the CO2-EOR project
(mreceived).
(2) The CO2 stream received (including CO2
transferred from another CO2-EOR project) must be metered.
(A) The native CO2 recovered and included as
mnative must be documented.
(B) CO2 delivered to multiple CO2-EOR
projects must be allocated among those CO2-EOR projects.
(3) The sum of the quantities of allocated CO2 must not
exceed the total quantities of CO2 received.
(d) You must calculate the total mass of CO2 from
project operations (mloss operations) in the reporting year
as specified in Equation VV-2 of this section.
[GRAPHIC] [TIFF OMITTED] TP22MY23.013
Where:
mloss leakage facilities = Loss of CO2 due to
leakage from production, handling, and recycling CO2-EOR
facilities (infrastructure including wellheads), metric tons.
mloss vent/flare = Loss of CO2 from venting/
flaring from production operations, metric tons.
mloss entrained = Loss of CO2 due to
entrainment within produced gas/oil/water when this CO2
is not separated and reinjected, metric tons.
mloss transfer = Loss of CO2 due to any
transfer of CO2 outside the CO2-EOR project,
metric tons. You must quantify any CO2 that is
subsequently produced from the EOR complex and transferred offsite.
Sec. 98.484 Monitoring and QA/QC requirements.
You must use the applicable monitoring and quality assurance
requirements set forth in Clause 6.2 of CSA/ANSI ISO 27916:2019
(incorporated by reference, see Sec. 98.7).
Sec. 98.485 Procedures for estimating missing data.
Whenever the value of a parameter is unavailable or the quality
assurance procedures set forth in Sec. 98.484 cannot be followed, you
must follow the procedures set forth in Clause 9.2 of CSA/ANSI ISO
27916:2019 (incorporated by reference, see Sec. 98.7).
Sec. 98.486 Data reporting requirements.
In addition to the information required by Sec. 98.3(c), the
annual report shall contain the following information, as applicable:
(a) The annual quantity of associated storage in metric tons of
CO2 (mstored).
(b) The density of CO2 if volumetric units are converted
to mass in order to be reported for annual quantity of CO2
stored.
(c) The annual quantity of CO2 input (minput)
and the information in paragraphs (c)(1) and (2) of this section.
(1) The annual total mass of CO2 received at the custody
transfer meter by the CO2-EOR project, including
CO2
[[Page 32938]]
transferred from another CO2-EOR project
(mreceived).
(2) The annual mass of native CO2 produced and captured
in the CO2-EOR project (mnative).
(d) The annual mass of CO2 that is recycled and
reinjected into the EOR complex.
(e) The annual total mass of CO2 loss from project
operations (mloss operations), and the information in
paragraphs (e)(1) through (4) of this section.
(1) Loss of CO2 due to leakage from production,
handling, and recycling CO2-EOR facilities (infrastructure
including wellheads) (mloss leakage facilities).
(2) Loss of CO2 from venting/flaring from production
operations (mloss vent/flare).
(3) Loss of CO2 due to entrainment within produced gas/
oil/water when this CO2 is not separated and reinjected
(mloss entrained).
(4) Loss of CO2 due to any transfer of CO2
outside the CO2-EOR project (mloss transfer).
(f) The total mass of CO2 loss from the EOR complex
(mloss EOR complex).
(g) Annual documentation that contains the following components as
described in Clause 4.4 of CSA/ANSI ISO 27916:2019 (incorporated by
reference, see Sec. 98.7):
(1) The formulas used to quantify the annual mass of associated
storage, including the mass of CO2 delivered to the
CO2-EOR project and losses during the period covered by the
documentation (see Clause 8 and Annex B).
(2) The methods used to estimate missing data and the amounts
estimated as described in Clause 9.2.
(3) The approach and method for quantification utilized by the
operator, including accuracy, precision, and uncertainties (see Clause
8 and Annex B).
(4) A statement describing the nature of validation or verification
including the date of review, process, findings, and responsible person
or entity.
(5) Source of each CO2 stream quantified as associated
storage (see Clause 8.3).
(6) A description of the procedures used to detect and characterize
the total CO2 leakage from the EOR complex.
(7) If only the mass of anthropogenic CO2 is considered
for mstored, a description of the derivation and application
of anthropogenic CO2 allocation ratios for all the terms
described in Clauses 8.1 to 8.4.6.
(8) Any documentation provided by a qualified independent engineer
or geologist, who certifies that the documentation provided, including
the mass balance calculations as well as information regarding
monitoring and containment assurance, is accurate and complete.
(h) Any changes made within the reporting year to containment
assurance and monitoring approaches and procedures in the EOR
operations management plan.
Sec. 98.487 Records that must be retained.
You must follow the record retention requirements specified by
Sec. 98.3(g). In addition to the records required by Sec. 98.3(g),
you must comply with the record retention requirements in Clause 9.1 of
CSA/ANSI ISO 27916:2019 (incorporated by reference, see Sec. 98.7).
Sec. 98.488 EOR Operations Management Plan.
(a) You must prepare and update, as necessary, a general EOR
operations management plan that provides a description of the EOR
complex and engineered system (see Clause 4.3 (a)), establishes that
the EOR complex is adequate to provide safe, long-term containment of
CO2, and includes site-specific and other information
including:
(1) Geologic characterization of the EOR complex.
(2) A description of the facilities within the CO2-EOR
project.
(3) A description of all wells and other engineered features in the
CO2-EOR project.
(4) The operations history of the project reservoir.
(5) The information set forth in Clauses 5 and 6 of CSA/ANSI ISO
27916:2019 (incorporated by reference, see Sec. 98.7).
(b) You must prepare initial documentation at the beginning of the
quantification period, and include the following as described in the
EOR operations management plan:
(1) A description of the EOR complex and engineered systems (see
Clause 5).
(2) The initial containment assurance (see Clause 6.1.2).
(3) The monitoring program (see Clause 6.2).
(4) The quantification method to be used (see Clause 8 and Annex
B).
(5) The total mass of previously injected CO2 (if any)
within the EOR complex at the beginning of the CO2-EOR
project (see Clause 8.5 and Annex B).
(c) The EOR operation management plan in paragraph (a) of this
section and initial documentation in paragraph (b) of this section must
be submitted to the Administrator with the annual report covering the
first reporting year that the facility reports under this subpart. In
addition, any documentation provided by a qualified independent
engineer or geologist, who certifies that the documentation provided is
accurate and complete, must also be provided to the Administrator.
(d) If the EOR operations management plan is updated, the updated
EOR management plan must be submitted to the Administrator with the
annual report covering the first reporting year for which the updated
EOR operation management plan is applicable.
Sec. 98.489 Definitions.
Except as provided in paragraphs (a) and (b) of this section, all
terms used in this subpart have the same meaning given in the Clean Air
Act and subpart A of this part.
(a) Additional terms and definitions are provided in Clause 3 of
CSA/ANSI ISO 27916:2019 (incorporated by reference, see Sec. 98.7) and
incorporated herein by reference.
(b) All references in this subpart preceded by the word Clause
refer to the Clauses in CSA/ANSI ISO 27916:2019.
0
45. Add subpart WW to read as follows:
Subpart WW--Coke Calciners
Sec.
98.490 Definition of source category.
98.491 Reporting threshold.
98.492 GHGs to report.
98.493 Calculating GHG emissions.
98.494 Monitoring and QA/QC requirements.
98.495 Procedures for estimating missing data.
98.496 Data reporting requirements.
98.497 Records that must be retained.
98.498 Definitions.
Sec. 98.490 Definition of source category.
(a) A coke calciner is a process unit that heats petroleum coke to
high temperatures in the absence of air or oxygen for the purpose of
removing impurities or volatile substances in the petroleum coke
feedstock.
(b) This source category consists of rotary kilns, rotary hearth
furnaces, or similar process units used to calcine petroleum coke and
also includes afterburners or other emission control systems used to
treat the coke calcining unit's process exhaust gas.
Sec. 98.491 Reporting threshold.
You must report GHG emissions under this subpart if your facility
contains a coke calciner and the facility meets the requirements of
either Sec. 98.2(a)(1) or (2).
Sec. 98.492 GHGs to report.
You must report:
(a) CO2, CH4, and N2O emissions
from each coke calcining unit under this subpart.
[[Page 32939]]
(b) CO2, CH4, and N2O emissions
from auxiliary fuel used in the coke calcining unit and afterburner, if
applicable, or other control system used to treat the coke calcining
unit's process off-gas under subpart C of this part (General Stationary
Fuel Combustion Sources) by following the requirements of subpart C.
Sec. 98.493 Calculating GHG emissions.
(a) Calculate GHG emissions required to be reported in Sec.
98.492(a) using the applicable methods in paragraph (b) of this
section.
(b) For each coke calcining unit, calculate GHG emissions according
to the applicable provisions in paragraphs (b)(1) through (4) of this
section.
(1) If you operate and maintain a CEMS that measures CO2
emissions according to subpart C of this part, you must calculate and
report CO2 emissions under this subpart by following the
Tier 4 Calculation Methodology specified in Sec. 98.33(a)(4) and all
associated requirements for Tier 4 in subpart C of this part (General
Stationary Fuel Combustion Sources). Auxiliary fuel use CO2
emissions should be calculated in accordance with subpart C of this
part and subtracted from the CO2 CEMS emissions to determine
process CO2 emissions. Other coke calcining units must
either install a CEMS that complies with the Tier 4 Calculation
Methodology in subpart C of this part or follow the requirements of
paragraph (b)(2) of this section.
(2) Calculate the CO2 emissions from the coke calcining
unit using monthly measurements and Equation WW-1 of this section.
[GRAPHIC] [TIFF OMITTED] TP22MY23.014
Where:
CO2 = Annual CO2 emissions (metric tons
CO2/year).
m = Month index.
Min,m = Mass of green coke fed to the coke calcining unit
in month ``m'' from facility records (metric tons/year).
CCGC.m = Mass fraction carbon content of green coke fed
to the coke calcining unit from facility measurement data in month
``m'' (metric ton carbon/metric ton green coke). If measurements are
made more frequently than monthly, determine the monthly average as
the arithmetic average for all measurements made during the calendar
month.
Mout,m = Mass of marketable petroleum coke produced by
the coke calcining unit in month ``m'' from facility records (metric
tons petroleum coke/year).
Mdust,m = Mass of petroleum coke dust removed from the
process through the dust collection system of the coke calcining
unit in month ``m'' from facility records (metric ton petroleum coke
dust/year). For coke calcining units that recycle the collected
dust, the mass of coke dust removed from the process is the mass of
coke dust collected less the mass of coke dust recycled to the
process.
CCMPC,m = Mass fraction carbon content of marketable
petroleum coke produced by the coke calcining unit in month ``m''
from facility measurement data (metric ton carbon/metric ton
petroleum coke). If measurements are made more frequently than
monthly, determine the monthly average as the arithmetic average for
all measurements made during the calendar month.
44 = Molecular weight of CO2 (kg/kg-mole).
12 = Atomic weight of C (kg/kg-mole).
(3) Calculate CH4 emissions using Equation WW-2 of this
section.
[GRAPHIC] [TIFF OMITTED] TP22MY23.015
Where:
CH4 = Annual methane emissions (metric tons
CH4/year).
CO2 = Annual CO2 emissions calculated in
paragraph (b)(1) or (2) of this section, as applicable (metric tons
CO2/year).
EmF1 = Default CO2 emission factor for
petroleum coke from Table C-1 of subpart C of this part (General
Stationary Fuel Combustion Sources) (kg CO2/MMBtu).
EmF2 = Default CH4 emission factor for
``Petroleum Products (All fuel types in Table C-1)'' from Table C-2
of subpart C of this part (General Stationary Fuel Combustion
Sources) (kg CH4/MMBtu).
(4) Calculate N2O emissions using Equation WW-3 of this
section.
(Eq. WW-3)
[GRAPHIC] [TIFF OMITTED] TP22MY23.016
Where:
N2O = Annual nitrous oxide emissions (metric tons
N2O/year).
CO2 = Annual CO2 emissions calculated in
paragraph (b)(1) or (2) of this section, as applicable (metric tons
CO2/year).
EmF1 = Default CO2 emission factor for
petroleum coke from Table C-1 of subpart C of this part (General
Stationary Fuel Combustion Sources) (kg CO2/MMBtu).
EmF3 = Default N2O emission factor for
``Petroleum Products (All fuel types in Table C-1)'' from Table C-2
of subpart C of this part (kg N2O/MMBtu).
Sec. 98.494 Monitoring and QA/QC requirements.
(a) Flow meters, gas composition monitors, and heating value
monitors that are associated with sources that use a CEMS to measure
CO2 emissions according to subpart C of this part or that
are associated with stationary combustion sources must meet the
applicable monitoring and QA/QC requirements in Sec. 98.34.
(b) Determine the mass of petroleum coke monthly as required by
Equation WW-1 of this subpart using mass measurement equipment meeting
the requirements for commercial weighing equipment as described in
Specifications, Tolerances, and Other Technical Requirements For
Weighing and Measuring Devices, NIST Handbook 44 (2022) (incorporated
by reference, see Sec. 98.7). Calibrate the measurement device
according to the procedures specified by NIST handbook 44 (incorporated
by reference, see Sec. 98.7) or the procedures specified by the
manufacturer. Recalibrate either biennially or at the minimum frequency
specified by the manufacturer.
(c) Determine the carbon content of petroleum coke as required by
Equation WW-1 of this subpart using any one of the following methods.
Calibrate the measurement device according to procedures specified by
the method or procedures specified by the measurement device
manufacturer.
(1) ASTM D3176-15 Standard Practice for Ultimate Analysis of Coal
and Coke (incorporated by reference, see Sec. 98.7).
(2) ASTM D5291-16 Standard Test Methods for Instrumental
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products
and Lubricants (incorporated by reference, see Sec. 98.7).
(3) ASTM D5373-21 Standard Test Methods for Determination of
Carbon, Hydrogen, and Nitrogen in Analysis Samples of Coal and Carbon
in Analysis
[[Page 32940]]
Samples of Coal and Coke (incorporated by reference, see Sec. 98.7).
(d) The owner or operator shall document the procedures used to
ensure the accuracy of the monitoring systems used including but not
limited to calibration of weighing equipment, flow meters, and other
measurement devices. The estimated accuracy of measurements made with
these devices shall also be recorded.
Sec. 98.495 Procedures for estimating missing data.
A complete record of all measured parameters used in the GHG
emissions calculations is required (e.g., concentrations, flow rates,
fuel heating values, carbon content values). Therefore, whenever a
quality-assured value of a required parameter is unavailable (e.g., if
a CEMS malfunctions during unit operation or if a required sample is
not taken), a substitute data value for the missing parameter shall be
used in the calculations.
(a) For missing auxiliary fuel use data, use the missing data
procedures in subpart C of this part.
(b) For each missing value of mass or carbon content of coke,
substitute the arithmetic average of the quality-assured values of that
parameter immediately preceding and immediately following the missing
data incident. If the ``after'' value is not obtained by the end of the
reporting year, you may use the ``before'' value for the missing data
substitution. If, for a particular parameter, no quality-assured data
are available prior to the missing data incident, the substitute data
value shall be the first quality-assured value obtained after the
missing data period.
(c) For missing CEMS data, you must use the missing data procedures
in Sec. 98.35.
Sec. 98.496 Data reporting requirements.
In addition to the reporting requirements of Sec. 98.3(c), you
must report the information specified in paragraphs (a) through (i) of
this section for each coke calcining unit.
(a) The unit ID number (if applicable).
(b) Maximum rated throughput of the unit, in metric tons coke
calcined/stream day.
(c) The calculated CO2, CH4, and
N2O annual process emissions, expressed in metric tons of
each pollutant emitted.
(d) A description of the method used to calculate the
CO2 emissions for each unit (e.g., CEMS or Equation WW-1).
(e) Annual mass of green coke fed to the coke calcining unit from
facility records (metric tons/year).
(f) Annual mass of marketable petroleum coke produced by the coke
calcining unit from facility records (metric tons/year).
(g) Annual mass of petroleum coke dust removed from the process
through the dust collection system of the coke calcining unit from
facility records (metric tons/year) and 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).
(h) Annual average mass fraction carbon content of green coke fed
to the coke calcining unit from facility measurement data (metric tons
C per metric ton green coke).
(i) Annual average mass fraction carbon content of marketable
petroleum coke produced by the coke calcining unit from facility
measurement data (metric tons C per metric ton petroleum coke).
Sec. 98.497 Records that must be retained.
In addition to the records required by Sec. 98.3(g), you must
retain the records specified in paragraphs (a) and (b) of this section.
(a) The records of all parameters monitored under Sec. 98.494.
(b) Verification software records. You must keep a record of the
file generated by the verification software specified in Sec. 98.5(b)
for the applicable data specified in paragraphs (b)(1) through (5) of
this section. Retention of this file satisfies the recordkeeping
requirement for the data in paragraphs (b)(1) through (5) of this
section.
(1) Monthly mass of green coke fed to the coke calcining unit from
facility records (metric tons/year) (Equation WW-1 of Sec. 98.493).
(2) Monthly mass of marketable petroleum coke produced by the coke
calcining unit from facility records (metric tons/year) (Equation WW-
1).
(3) Monthly mass of petroleum coke dust removed from the process
through the dust collection system of the coke calcining unit from
facility records (metric tons/year) (Equation WW-1).
(4) Average monthly mass fraction carbon content of green coke fed
to the coke calcining unit from facility measurement data (metric tons
C per metric ton green coke) (Equation WW-1).
(5) Average monthly mass fraction carbon content of marketable
petroleum coke produced by the coke calcining unit from facility
measurement data (metric tons C per metric ton petroleum coke)
(Equation WW-1).
Sec. 98.498 Definitions.
All terms used in this subpart have the same meaning given in the
Clean Air Act and subpart A of this part.
0
46. Add subpart XX to read as follows:
Subpart XX--Calcium Carbide Production
Sec.
98.500 Definition of the source category.
98.501 Reporting threshold.
98.502 GHGs to report.
98.503 Calculating GHG emissions.
98.504 Monitoring and QA/QC requirements.
98.505 Procedures for estimating missing data.
98.506 Data reporting requirements.
98.507 Records that must be retained.
98.508 Definitions.
Sec. 98.500 Definition of the source category.
The calcium carbide production source category consists of any
facility that produces calcium carbide.
Sec. 98.501 Reporting threshold.
You must report GHG emissions under this subpart if your facility
contains a calcium carbide production process and the facility meets
the requirements of either Sec. 98.2(a)(1) or (2).
Sec. 98.502 GHGs to report.
You must report:
(a) Process CO2 emissions from each calcium carbide
process unit or furnace used for the production of calcium carbide.
(b) CO2, CH4, and N2O emissions
from each stationary combustion unit following the requirements of
subpart C of this part. You must report these emissions under subpart C
of this part (General Stationary Fuel Combustion Sources) by following
the requirements of subpart C.
Sec. 98.503 Calculating GHG emissions.
You must calculate and report the annual process CO2
emissions from each calcium carbide process unit not subject to
paragraph (c) of this section using the procedures in either paragraph
(a) or (b) of this section.
(a) Calculate and report under this subpart the combined process
and combustion CO2 emissions by operating and maintaining
CEMS according to the Tier 4 Calculation Methodology in Sec.
98.33(a)(4) and all associated requirements for Tier 4 in subpart C of
this part (General Stationary Fuel Combustion Sources).
(b) Calculate and report under this subpart the annual process
CO2 emissions from the calcium carbide process unit using
the carbon mass balance procedure specified in paragraphs (b)(1) and
(2) of this section.
(1) For each calcium carbide process unit, determine the annual
mass of carbon in each carbon-containing input and output material for
the calcium carbide process unit and estimate annual process
CO2 emissions from the
[[Page 32941]]
calcium carbide process unit using Equation XX-1 of this section.
Carbon-containing input materials include carbon electrodes and
carbonaceous reducing agents. If you document that a specific input or
output material contributes less than 1 percent of the total carbon
into or out of the process, you do not have to include the material in
your calculation using Equation XX-1 of this section.
[GRAPHIC] [TIFF OMITTED] TP22MY23.017
[GRAPHIC] [TIFF OMITTED] TP22MY23.018
Where:
ECO2 = Annual process CO2 emissions from an
individual calcium carbide process unit (metric tons).
44/12 = Ratio of molecular weights, CO2 to carbon.
2000/2205 = Conversion factor to convert tons to metric tons.
Mreducing agenti = Annual mass of reducing agent i fed,
charged, or otherwise introduced into the calcium carbide process
unit (tons).
Creducing agenti = Carbon content in reducing agent i
(percent by weight, expressed as a decimal fraction).
Melectrodem = Annual mass of carbon electrode m consumed
in the calcium carbide process unit (tons).
Celectrodem = Carbon content of the carbon electrode m
(percent by weight, expressed as a decimal fraction).
Mproduct outgoingk = Annual mass of alloy product k
tapped from the calcium carbide process unit (tons).
Cproduct outgoingk = Carbon content in alloy product k
(percent by weight, expressed as a decimal fraction).
Mnon-product outgoingl = Annual mass of non-product
outgoing material l removed from the calcium carbide unit (tons).
Cnon-product outgoingl = Carbon content in non-product
outgoing material l (percent by weight, expressed as a decimal
fraction).
(2) Determine the combined annual process CO2 emissions
from the calcium carbide process units at your facility using Equation
XX-2 of this section.
[GRAPHIC] [TIFF OMITTED] TP22MY23.019
Where:
CO2 = Annual process CO2 emissions from
calcium carbide process units at a facility used for the production
of calcium carbide (metric tons).
ECO2k = Annual process CO2 emissions
calculated from calcium carbide process unit k calculated using
Equation XX-1 of this section (metric tons).
k = Total number of calcium carbide process units at facility.
(c) If all GHG emissions from a calcium carbide process unit are
vented through the same stack as any combustion unit or process
equipment that reports CO2 emissions using a CEMS that
complies with the Tier 4 Calculation Methodology in subpart C of this
part (General Stationary Fuel Combustion Sources), then the calculation
methodology in paragraph (b) of this section must not be used to
calculate process emissions. The owner or operator must report under
this subpart the combined stack emissions according to the Tier 4
Calculation Methodology in Sec. 98.33(a)(4) and all associated
requirements for Tier 4 in subpart C of this part.
Sec. 98.504 Monitoring and QA/QC requirements.
If you determine annual process CO2 emissions using the
carbon mass balance procedure in Sec. 98.503(b), you must meet the
requirements specified in paragraphs (a) and (b) of this section.
(a) Determine the annual mass for each material used for the
calculations of annual process CO2 emissions using Equation
XX-1 of this subpart by summing the monthly mass for the material
determined for each month of the calendar year. The monthly mass may be
determined using plant instruments used for accounting purposes,
including either direct measurement of the quantity of the material
placed in the unit or by calculations using process operating
information.
(b) For each material identified in paragraph (a) of this section,
you must determine the average carbon content of the material consumed,
used, or produced in the calendar year using the methods specified in
either paragraph (b)(1) or (2) of this section. If you document that a
specific process input or output contributes less than one percent of
the total mass of carbon into or out of the process, you do not have to
determine the monthly mass or annual carbon content of that input or
output.
(1) Information provided by your material supplier.
(2) Collecting and analyzing at least three representative samples
of the material inputs and outputs each year. The carbon content of the
material must be analyzed at least annually using the standard methods
(and their QA/QC procedures) specified in paragraphs (b)(2)(i) and (ii)
of this section, as applicable.
(i) ASTM D5373-08 Standard Test Methods for Instrumental
Determination of Carbon, Hydrogen, and Nitrogen in Laboratory Samples
of Coal (incorporated by reference, see Sec. 98.7), for analysis of
carbonaceous reducing agents and carbon electrodes.
(ii) ASTM C25-06, Standard Test Methods for Chemical Analysis of
Limestone, Quicklime, and Hydrated Lime (incorporated by reference, see
Sec. 98.7) for analysis of materials such as limestone or dolomite.
Sec. 98.505 Procedures for estimating missing data.
A complete record of all measured parameters used in the GHG
emissions calculations in Sec. 98.503 is required. Therefore, whenever
a quality-assured value of a required parameter is unavailable, a
substitute data value for the missing parameter must be used in the
calculations as specified in the paragraphs (a) and (b) of this
section. You must document and keep records of the procedures used for
all such estimates.
[[Page 32942]]
(a) If you determine CO2 emissions for the calcium
carbide process unit at your facility using the carbon mass balance
procedure in Sec. 98.503(b), 100 percent data availability is required
for the carbon content of the input and output materials. You must
repeat the test for average carbon contents of inputs according to the
procedures in Sec. 98.504(b) if data are missing.
(b) For missing records of the monthly mass of carbon-containing
inputs and outputs, the substitute data value must be based on the best
available estimate of the mass of the inputs and outputs from all
available process data or data used for accounting purposes, such as
purchase records.
Sec. 98.506 Data reporting requirements.
In addition to the information required by Sec. 98.3(c), each
annual report must contain the information specified in paragraphs (a)
through (h) of this section, as applicable:
(a) Annual facility calcium carbide production capacity (tons).
(b) The annual facility production of calcium carbide (tons).
(c) Total number of calcium carbide process units at facility used
for production of calcium carbide.
(d) Annual facility consumption of petroleum coke (tons).
(e) Each end use of any calcium carbide produced and sent off site.
(f) If the facility produces acetylene on site, provide the
information in paragraphs (f)(1), (2), and (3) of this section.
(1) The annual production of acetylene at the facility (tons).
(2) The annual quantity of calcium carbide used for the production
of acetylene at the facility (tons).
(3) Each end use of any acetylene produced on-site.
(g) If a CEMS is used to measure CO2 emissions, then you
must report under this subpart the relevant information required by
Sec. 98.36 for the Tier 4 Calculation Methodology and the information
specified in paragraphs (g)(1) and (2) of this section.
(1) Annual CO2 emissions (in metric tons) from each
calcium carbide process unit.
(2) Identification number of each process unit.
(h) If a CEMS is not used to measure CO2 process
emissions, and the carbon mass balance procedure is used to determine
CO2 emissions according to the requirements in Sec.
98.503(b), then you must report the information specified in paragraphs
(h)(1) through (3) of this section.
(1) Annual process CO2 emissions (in metric tons) from
each calcium carbide process unit.
(2) List the method used for the determination of carbon content
for each input and output material included in the calculation of
annual process CO2 emissions for each calcium carbide
process unit (e.g., supplier provided information, analyses of
representative samples you collected).
(3) If you use the missing data procedures in Sec. 98.505(b), you
must report for each calcium carbide production process unit how
monthly mass of carbon-containing inputs and outputs with missing data
were determined and the number of months the missing data procedures
were used.
Sec. 98.507 Records that must be retained.
In addition to the records required by Sec. 98.3(g), you must
retain the records specified in paragraphs (a) through (d) of this
section for each calcium carbide process unit, as applicable.
(a) If a CEMS is used to measure CO2 emissions according
to the requirements in Sec. 98.503(a), then you must retain under this
subpart the records required for the Tier 4 Calculation Methodology in
Sec. 98.37 and the information specified in paragraphs (a)(1) through
(3) of this section.
(1) Monthly calcium carbide process unit production quantity
(tons).
(2) Number of calcium carbide processing unit operating hours each
month.
(3) Number of calcium carbide processing unit operating hours in a
calendar year.
(b) If the carbon mass balance procedure is used to determine
CO2 emissions according to the requirements in Sec.
98.503(b)(2), then you must retain records for the information
specified in paragraphs (b)(1) through (5) of this section.
(1) Monthly calcium carbide process unit production quantity
(tons).
(2) Number of calcium carbide process unit operating hours each
month.
(3) Number of calcium carbide process unit operating hours in a
calendar year.
(4) Monthly material quantity consumed, used, or produced for each
material included for the calculations of annual process CO2
emissions (tons).
(5) Average carbon content determined and records of the supplier
provided information or analyses used for the determination for each
material included for the calculations of annual process CO2
emissions.
(c) You must keep records that include a detailed explanation of
how company records of measurements are used to estimate the carbon
input and output to each calcium carbide process unit, including
documentation of specific input or output materials excluded from
Equation XX-1 of this subpart that contribute less than 1 percent of
the total carbon into or out of the process. You also must document the
procedures used to ensure the accuracy of the measurements of materials
fed, charged, or placed in a calcium carbide process unit including,
but not limited to, calibration of weighing equipment and other
measurement devices. The estimated accuracy of measurements made with
these devices must also be recorded, and the technical basis for these
estimates must be provided.
(d) Verification software records. You must keep a record of the
file generated by the verification software specified in Sec. 98.5(b)
for the applicable data specified in paragraphs (d)(1) through (13) of
this section. Retention of this file satisfies the recordkeeping
requirement for the data in paragraphs (d)(1) through (8) of this
section.
(1) Carbon content in reducing agent (percent by weight, expressed
as a decimal fraction) (Equation XX-1 of Sec. 98.503).
(2) Annual mass of reducing agent fed, charged, or otherwise
introduced into the calcium carbide process unit (tons) (Equation XX-
1).
(3) Carbon content of carbon electrode (percent by weight,
expressed as a decimal fraction) (Equation XX-1).
(4) Annual mass of carbon electrode consumed in the calcium carbide
process unit (tons) (Equation XX-1).
(5) Carbon content in product (percent by weight, expressed as a
decimal fraction) (Equation XX-1).
(6) Annual mass of product produced/tapped in the calcium carbide
process unit (tons) (Equation XX-1).
(7) Carbon content in non-product outgoing material (percent by
weight, expressed as a decimal fraction) (Equation XX-1).
(8) Annual mass of non-product outgoing material removed from
calcium carbide process unit (tons) (Equation XX-1).
Sec. 98.508 Definitions.
All terms used of this subpart have the same meaning given in the
Clean Air Act and subpart A of this part.
0
47. Add subpart YY to read as follows:
Subpart YY--Caprolactam, Glyoxal, and Glyoxylic Acid Production
Sec.
98.510 Definition of source category.
98.511 Reporting threshold.
98.512 GHGs to report.
98.513 Calculating GHG emissions.
98.514 Monitoring and QA/QC requirements.
[[Page 32943]]
98.515 Procedures for estimating missing data.
98.516 Data reporting requirements.
98.517 Records that must be retained.
98.518 Definitions.
Sec. 98.510 Definition of source category.
This source category includes any facility that produces
caprolactam, glyoxal, or glyoxylic acid. This source category excludes
the production of glyoxal through the LaPorte process (i.e., the gas-
phase catalytic oxidation of ethylene glycol with air in the presence
of a silver or copper catalyst).
Sec. 98.511 Reporting threshold.
You must report GHG emissions under this subpart if your facility
meets the requirements of either Sec. 98.2(a)(1) or (2) and the
definition of source category in Sec. 98.510.
Sec. 98.512 GHGs to report.
(a) You must report N2O process emissions from the
production of caprolactam, glyoxal, and glyoxylic acid as required by
this subpart.
(b) You must report under subpart C of this part (General
Stationary Fuel Combustion Sources) the emissions of CO2,
CH4, and N2O from each stationary combustion unit
by following the requirements of subpart C.
Sec. 98.513 Calculating GHG emissions.
(a) You must determine annual N2O process emissions from
each caprolactam, glyoxal, and glyoxylic acid process line using the
appropriate default N2O generation factor(s) from Table YY-1
to this subpart, the site-specific N2O destruction factor(s)
for each N2O abatement device, and site-specific production
data according to paragraphs (b) through (e) of this section.
(b) You must determine the total annual amount of product i
(caprolactam, glyoxal, or glyoxylic acid) produced on each process line
t (metric tons product), according to Sec. 98.514(b).
(c) If process line t exhausts to any N2O abatement
technology j, you must determine the destruction efficiency for each
N2O abatement technology according to paragraph (c)(1) or
(2) of this section.
(1) Use the control device manufacturer's specified destruction
efficiency.
(2) Estimate the destruction efficiency through process knowledge.
Examples of information that could constitute process knowledge include
calculations based on material balances, process stoichiometry, or
previous test results provided the results are still relevant to the
current vent stream conditions. You must document how process knowledge
(if applicable) was used to determine the destruction efficiency.
(d) If process line t exhausts to any N2O abatement
technology j, you must determine the abatement utilization factor for
each N2O abatement technology according to paragraph (d)(1)
or (2) of this section.
(1) If the abatement technology j has no downtime during the year,
use 1.
(2) If the abatement technology j was not operational while product
i was being produced on process line t, calculate the abatement
utilization factor according to Equation YY-1 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP22MY23.020
Where:
AFj = Monthly abatement utilization factor of
N2O abatement technology j from process unit t (fraction
of time that abatement technology is operating).
Ti = Total number of hours during month that product i
(caprolactam, glyoxal, or glyoxylic acid), was produced from process
unit t (hours).
Ti,j = Total number of hours during month that product i
(caprolactam, glyoxal, or glyoxylic acid), was produced from process
unit t during which N2O abatement technology j was
operational (hours).
(e) You must calculate N2O emissions for each product i
from each process line t and each N2O control technology j
according to Equation YY-2 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP22MY23.021
Where:
EN2Ot = Monthly process emissions of N2O,
metric tons (mt) from process line t.
EFi = N2O generation factor for product i
(caprolactam, glyoxal, or glyoxylic acid), kg N2O/mt of
product produced, as shown in Table YY-1 to this subpart.
Pi = Monthly production of product i, (caprolactam,
glyoxal, or glyoxylic acid), mt.
DEj = Destruction efficiency of N2O abatement
technology type j, fraction (decimal fraction of N2O
removed from vent stream).
AFj = Monthly abatement utilization factor for
N2O abatement technology type j, fraction, calculated
using Equation YY-1 of this subpart.
0.001 = Conversion factor from kg to metric tons.
Sec. 98.514 Monitoring and QA/QC requirements.
(a) You must determine the total monthly amount of caprolactam,
glyoxal, and glyoxylic acid produced. These monthly amounts are
determined according to the methods in paragraph (a)(1) or (2) of this
section.
(1) Direct measurement of production (such as using flow meters,
weigh scales, etc.).
(2) Existing plant procedures used for accounting purposes (i.e.,
dedicated tank-level and acid concentration measurements).
(b) You must determine the annual amount of caprolactam, glyoxal,
and glyoxylic acid produced. These annual amounts are determined by
summing the respective monthly quantities determined in paragraph (a)
of this section.
Sec. 98.515 Procedures for estimating missing data.
A complete record of all measured parameters used in the GHG
emissions calculations is required. Therefore, whenever a quality-
assured value of a required parameter is unavailable, a substitute data
value for the missing parameter must be used in the calculations as
specified in paragraphs (a) and (b) of this section.
(a) For each missing value of caprolactam, glyoxal, or glyoxylic
acid production, the substitute data must be the best available
estimate based on all available process data or data used for
accounting purposes (such as sales records).
(b) For missing values related to the N2O abatement
device, assuming that the operation is generally constant from year to
year, the substitute data value should be the most recent quality-
assured value.
Sec. 98.516 Data reporting requirements.
In addition to the information required by Sec. 98.3(c), each
annual report must contain the information specified in paragraphs (a)
through (j) of this section.
(a) Process line identification number.
(b) Annual process N2O emissions from each process line
according to paragraphs (b)(1) through (3) of this section.
(1) N2O from caprolactam production (metric tons).
[[Page 32944]]
(2) N2O from glyoxal production (metric tons).
(3) N2O from glyoxylic acid production (metric tons).
(c) Annual production quantities from all process lines at the
caprolactam, glyoxal, or glyoxylic acid production facility according
to paragraphs (c)(1) through (3) of this section.
(1) Caprolactam production (metric tons).
(2) Glyoxal production (metric tons).
(3) Glyoxylic acid production (metric tons).
(d) Annual production capacity from all process lines at the
caprolactam, glyoxal, or glyoxylic acid production facility, as
applicable, in paragraphs (d)(1) through (3) of this section.
(1) Caprolactam production capacity (metric tons).
(2) Glyoxal production capacity (metric tons).
(3) Glyoxylic acid production capacity (metric tons).
(e) Number of process lines at the caprolactam, glyoxal, or
glyoxylic acid production facility, by product, in paragraphs (e)(1)
through (3) of this section.
(1) Total number of process lines producing caprolactam.
(2) Total number of process lines producing glyoxal.
(3) Total number of process lines producing glyoxylic acid.
(f) Number of operating hours in the calendar year for each process
line at the caprolactam, glyoxal, or glyoxylic acid production facility
(hours).
(g) N2O abatement technologies used (if applicable) and
date of installation of abatement technology at the caprolactam,
glyoxal, or glyoxylic acid production facility.
(h) Monthly abatement utilization factor for each N2O
abatement technology at the caprolactam, glyoxal, or glyoxylic acid
production facility.
(i) Number of times in the reporting year that missing data
procedures were followed to measure production quantities of
caprolactam, glyoxal, or glyoxylic acid (months).
(j) Annual percent N2O emission reduction per chemical
produced at the caprolactam, glyoxal, or glyoxylic acid production
facility, as applicable, in paragraphs (j)(1) through (3) of this
section.
(1) Annual percent N2O emission reduction for
caprolactam production.
(2) Annual percent N2O emission reduction for glyoxal
production.
(3) Annual percent N2O emission reduction for glyoxylic
acid production.
Sec. 98.517 Records that must be retained.
In addition to the information required by Sec. 98.3(g), you must
retain the records specified in paragraphs (a) through (d) of this
section for each caprolactam, glyoxal, or glyoxylic acid production
facility:
(a) Documentation of how accounting procedures were used to
estimate production rate.
(b) Documentation of how process knowledge was used to estimate
abatement technology destruction efficiency (if applicable).
(c) Documentation of the procedures used to ensure the accuracy of
the measurements of all reported parameters, including but not limited
to, calibration of weighing equipment, flow meters, and other
measurement devices. The estimated accuracy of measurements made with
these devices must also be recorded, and the technical basis for these
estimates must be provided.
(d) You must keep a record of the file generated by the
verification software specified in Sec. 98.5(b) for the applicable
data specified in paragraphs (d)(1) through (3) of this section.
Retention of this file satisfies the recordkeeping requirement for the
data in paragraphs (d)(1) through (3) of this section.
(1) Monthly production quantity of caprolactam from all process
lines at the caprolactam, glyoxal, or glyoxylic acid production
facility.
(2) Monthly production quantity of glyoxal from all process lines
at the caprolactam, glyoxal, or glyoxylic acid production facility.
(3) Monthly production quantity of glyoxylic acid from all process
lines at the caprolactam, glyoxal, or glyoxylic acid production
facility.
Sec. 98.518 Definitions.
All terms used in this subpart have the same meaning given in the
Clean Air Act and subpart A of this part.
Table YY-1 to Subpart YY of Part 98--N2O Generation Factors
------------------------------------------------------------------------
N2O generation
Product factor \a\
------------------------------------------------------------------------
Caprolactam........................................... 9.0
Glyoxal............................................... 5,200
Glyoxylic acid........................................ 1,000
------------------------------------------------------------------------
\a\ Generation factors in units of kilograms of N2O emitted per metric
ton of product produced.
0
48. Add subpart ZZ to read as follows:
Subpart ZZ--Ceramics Manufacturing
Sec.
98.520 Definition of the source category.
98.521 Reporting threshold.
98.522 GHGs to report.
98.523 Calculating GHG emissions.
98.524 Monitoring and QA/QC requirements.
98.525 Procedures for estimating missing data.
98.526 Data reporting requirements.
98.527 Records that must be retained.
98.528 Definitions.
Sec. 98.520 Definition of the source category.
(a) The ceramics manufacturing source category consists of any
facility that uses nonmetallic, inorganic materials, many of which are
clay-based, to produce ceramic products such as bricks and roof tiles,
wall and floor tiles, table and ornamental ware (household ceramics),
sanitary ware, refractory products, vitrified clay pipes, expanded clay
products, inorganic bonded abrasives, and technical ceramics (e.g.,
aerospace, automotive, electronic, or biomedical applications). For the
purposes of this subpart, ceramics manufacturing processes include
facilities that annually consume at least 2,000 tons of carbonates or
20,000 tons of clay, which is heated to a temperature sufficient to
allow the calcination reaction to occur, and operate a ceramics
manufacturing process unit.
(b) A ceramics manufacturing process unit is a kiln, dryer, or oven
used to calcine clay or other carbonate-based materials for the
production of a ceramics product.
Sec. 98.521 Reporting threshold.
You must report GHG emissions under this subpart if your facility
contains a ceramics manufacturing process and the facility meets the
requirements of either Sec. 98.2(a)(1) or (2).
Sec. 98.522 GHGs to report.
You must report:
(a) CO2 process emissions from each ceramics process
unit (e.g., kiln, dryer, or oven).
(b) CO2 combustion emissions from each ceramics process
unit.
(c) CH4 and N2O combustion emissions from
each ceramics process unit. You must calculate and report these
emissions under subpart C of this part (General Stationary Fuel
Combustion Sources) by following the requirements of subpart C of this
part.
(d) CO2, CH4, and N2O combustion
emissions from each stationary fuel combustion unit other than kilns,
dryers, or ovens. You must report these emissions under subpart C of
this part (General Stationary Fuel Combustion Sources) by following the
requirements of subpart C of this part.
Sec. 98.523 Calculating GHG emissions.
You must calculate and report the annual process CO2
emissions from each ceramics process unit using the procedures in
paragraphs (a) through (c) of this section.
[[Page 32945]]
(a) For each ceramics process unit that meets the conditions
specified in Sec. 98.33(b)(4)(ii) or (iii), you must calculate and
report under this subpart the combined process and combustion
CO2 emissions by operating and maintaining a CEMS to measure
CO2 emissions according to the Tier 4 Calculation
Methodology specified in Sec. 98.33(a)(4) and all associated
requirements for Tier 4 in subpart C of this part (General Stationary
Fuel Combustion Sources).
(b) For each ceramics process unit that is not subject to the
requirements in paragraph (a) of this section, calculate and report the
process and combustion CO2 emissions from the ceramics
process unit separately by using the procedures specified in paragraphs
(b)(1) through (6) of this section, except as specified in paragraph
(c) of this section.
(1) For each carbonate-based raw material charged to the ceramics
process unit, either obtain the mass fractions of any carbonate-based
minerals from the supplier of the raw material or by sampling the raw
material, or use a default value of 1.0 as the mass fraction for the
raw material.
(2) Determine the quantity of each carbonate-based raw material
charged to the ceramics process unit.
(3) Apply the appropriate emission factor for each carbonate-based
raw material charged to the ceramics process unit. Table ZZ-1 to this
subpart provides emission factors based on stoichiometric ratios for
carbonate-based minerals.
(4) Use Equation ZZ-1 of this section to calculate process mass
emissions of CO2 for each ceramics process unit:
[GRAPHIC] [TIFF OMITTED] TP22MY23.022
Where:
ECO2 = Annual process CO2 emissions (metric
tons/year).
MFi = Annual average decimal mass fraction of carbonate-
based mineral i in carbonate-based raw material j.
Mj = Annual mass of the carbonate-based raw material j
consumed (tons/year).
2000/2205 = Conversion factor to convert tons to metric tons.
EFi = Emission factor for the carbonate-based mineral i,
(metric tons CO2/metric ton carbonate, see Table ZZ-1 of
this subpart).
Fi = Decimal fraction of calcination achieved for
carbonate-based mineral i, assumed to be equal to 1.0.
i = Index for carbonate-based mineral in each carbonate-based raw
material.
j = Index for carbonate-based raw material.
(5) Determine the combined annual process CO2 emissions
from the ceramic process units at your facility using Equation ZZ-2 of
this subpart:
[GRAPHIC] [TIFF OMITTED] TP22MY23.023
Where:
CO2 = Annual process CO2 emissions from
ceramic process units at a facility (metric tons).
ECO2k = Annual process CO2 emissions
calculated from ceramic process unit k calculated using Equation ZZ-
1 of this subpart (metric tons).
k = Total number of ceramic process units at facility.
(6) Calculate and report under subpart C of this part (General
Stationary Fuel Combustion Sources) the combustion CO2
emissions in the ceramics process unit according to the applicable
requirements in subpart C of this part.
(c) As an alternative to data provided by either the raw material
supplier or a lab analysis, a value of 1.0 can be used for the mass
fraction (MFi) of carbonate-based mineral i in each
carbonate-based raw material j in Equation ZZ-1 of this subpart. The
use of 1.0 for the mass fraction assumes that the carbonate-based raw
material comprises 100% of one carbonate-based mineral.
Sec. 98.524 Monitoring and QA/QC requirements.
(a) You must measure annual amounts of carbonate-based raw
materials charged to each ceramics process unit from monthly
measurements using plant instruments used for accounting purposes, such
as calibrated scales or weigh hoppers. Total annual mass charged to
ceramics process units at the facility must be compared to records of
raw material purchases for the year.
(b) Unless you use the default value of 1.0 for the mass fraction
of a carbonate-based mineral, you must measure carbonate-based mineral
mass fractions at least annually to verify the mass fraction data
provided by the supplier of the raw material; such measurements must be
based on sampling and chemical analysis using consensus standards that
specify X-ray fluorescence.
(c) Unless you use the default value of 1.0 for the mass fraction
of a carbonate-based mineral, you must determine the annual average
mass fraction for the carbonate-based mineral in each carbonate-based
raw material by calculating an arithmetic average of the monthly data
obtained from raw material suppliers or sampling and chemical analysis.
(d) Unless you use the default value of 1.0 for the calcination
fraction of a carbonate-based mineral, you must determine on an annual
basis the calcination fraction for each carbonate-based mineral
consumed based on sampling and chemical analysis using an industry
consensus standard. If performed, this chemical analysis must be
conducted using an x-ray fluorescence test or other enhanced testing
method published by an industry consensus standards organization (e.g.,
ASTM, ASME, API, etc.).
Sec. 98.525 Procedures for estimating missing data.
A complete record of all measured parameters used in the GHG
emissions calculations in Sec. 98.523 is required. If the monitoring
and quality assurance procedures in Sec. 98.524 cannot be followed and
data is unavailable, you must use the most appropriate of the missing
data procedures in paragraphs (a) and (b) of this section in the
calculations. You must document and keep records of the procedures used
for all such missing value estimates.
(a) If the CEMS approach is used to determine combined process and
combustion CO2 emissions, the missing data procedures in
Sec. 98.35 apply.
(b) For missing data on the monthly amounts of carbonate-based raw
materials charged to any ceramics process unit, use the best available
estimate(s) of the parameter(s) based on all available process data or
data used for accounting purposes, such as purchase records.
(c) For missing data on the mass fractions of carbonate-based
minerals in the carbonate-based raw materials, assume that the mass
fraction of a carbonate-based mineral is 1.0, which assumes that one
carbonate-based mineral comprises 100 percent of the carbonate-based
raw material.
Sec. 98.526 Data reporting requirements.
In addition to the information required by Sec. 98.3(c), each
annual report must contain the information specified in paragraphs (a)
through (c) of this section, as applicable:
(a) The total number of ceramics process units at the facility and
the number of units that operated during the reporting year.
[[Page 32946]]
(b) If a CEMS is used to measure CO2 emissions from
ceramics process units, then you must report under this subpart the
relevant information required under Sec. 98.36 for the Tier 4
Calculation Methodology and the following information specified in
paragraphs (b)(1) through (3) of this section.
(1) The annual quantity of each carbonate-based raw material
charged to each ceramics process unit and for all units combined
(tons).
(2) Annual quantity of each type of ceramics product manufactured
by each ceramics process unit and by all units combined (tons).
(3) Annual production capacity for each ceramics process unit
(tons).
(c) If a CEMS is not used to measure CO2 emissions from
ceramics process units and process CO2 emissions are
calculated according to the procedures specified in Sec. 98.523(b),
then you must report the following information specified in paragraphs
(c)(1) through (7) of this section.
(1) Annual process emissions of CO2 (metric tons) for
each ceramics process unit and for all units combined.
(2) The annual quantity of each carbonate-based raw material
charged to all units combined (tons).
(3) Results of all tests used to verify each carbonate-based
mineral mass fraction for each carbonate-based raw material charged to
a ceramics process unit, as specified in paragraphs (c)(3)(i) through
(iii) of this section.
(i) Date of test.
(ii) Method(s) and any variations used in the analyses.
(iii) Mass fraction of each sample analyzed.
(4) Method used to determine the decimal mass fraction of
carbonate-based mineral, unless you used the default value of 1.0
(e.g., supplier provided information, analyses of representative
samples you collected).
(5) Annual quantity of each type of ceramics product manufactured
by each ceramics process unit and by all units combined (tons).
(6) Annual production capacity for each ceramics process unit
(tons).
(7) If you use the missing data procedures in Sec. 98.525(b), you
must report for each applicable ceramics process unit the number of
times in the reporting year that missing data procedures were followed
to measure monthly quantities of carbonate-based raw materials or mass
fraction of the carbonate-based minerals (months).
Sec. 98.527 Records that must be retained.
In addition to the records required by Sec. 98.3(g), you must
retain the records specified in paragraphs (a) through (d) of this
section for each ceramics process unit, as applicable.
(a) If a CEMS is used to measure CO2 emissions according
to the requirements in Sec. 98.523(a), then you must retain under this
subpart the records required under Sec. 98.37 for the Tier 4
Calculation Methodology and the information specified in paragraphs
(a)(1) and (2) of this section.
(1) Monthly ceramics production rate for each ceramics process unit
(tons).
(2) Monthly amount of each carbonate-based raw material charged to
each ceramics process unit (tons).
(b) If process CO2 emissions are calculated according to
the procedures specified in Sec. 98.523(b), you must retain the
records in paragraphs (b)(1) through (6) of this section.
(1) Monthly ceramics production rate for each ceramics process unit
(metric tons).
(2) Monthly amount of each carbonate-based raw material charged to
each ceramics process unit (metric tons).
(3) Data on carbonate-based mineral mass fractions provided by the
raw material supplier for all raw materials consumed annually and
included in calculating process emissions in Equation ZZ-1 of this
subpart, if applicable.
(4) Results of all tests, if applicable, used to verify the
carbonate-based mineral mass fraction for each carbonate-based raw
material charged to a ceramics process unit, including the data
specified in paragraphs (b)(4)(i) through (v) of this section.
(i) Date of test.
(ii) Method(s), and any variations of methods, used in the
analyses.
(iii) Mass fraction of each sample analyzed.
(iv) Relevant calibration data for the instrument(s) used in the
analyses.
(v) Name and address of laboratory that conducted the tests.
(5) Each carbonate-based mineral mass fraction for each carbonate-
based raw material, if a value other than 1.0 is used to calculate
process mass emissions of CO2.
(6) Number of annual operating hours of each ceramics process unit.
(c) All other documentation used to support the reported GHG
emissions.
(d) Verification software records. You must keep a record of the
file generated by the verification software specified in Sec. 98.5(b)
for the applicable data specified in paragraphs (d)(1) through (3) of
this section. Retention of this file satisfies the recordkeeping
requirement for the data in paragraphs (d)(1) through (3) of this
section.
(1) Annual average decimal mass fraction of each carbonate-based
mineral in each carbonate-based raw material for each ceramics process
unit (specify the default value, if used, or the value determined
according to Sec. 98.524) (percent by weight, expressed as a decimal
fraction) (Equation ZZ-1 of Sec. 98.523).
(2) Annual mass of each carbonate-based raw material charged to
each ceramics process unit (tons) (Equation ZZ-1 of this subpart).
(3) Decimal fraction of calcination achieved for each carbonate-
based raw material for each ceramics process unit (specify the default
value, if used, or the value determined according to Sec. 98.524)
(percent by weight, expressed as a decimal fraction) (Equation ZZ-1 of
this subpart).
Sec. 98.528 Definitions.
All terms used of this subpart have the same meaning given in the
Clean Air Act and subpart A of this part.
Table ZZ-1 to Subpart ZZ of Part 98--CO2 Emission Factors for Carbonate-
Based Raw Materials
------------------------------------------------------------------------
CO2 emission factor \a\
Carbonate Mineral name(s)
------------------------------------------------------------------------
BaCO3........................ Witherite, 0.223
Barium
carbonate.
CaCO3........................ Limestone, 0.440
Calcium
Carbonate,
Calcite,
Aragonite.
Ca(Fe,Mg,Mn)(CO3)2........... Ankerite \b\... 0.408-0.476
CaMg(CO3)2................... Dolomite....... 0.477
FeCO3........................ Siderite....... 0.380
K2CO3........................ Potassium 0.318
carbonate.
Li2CO3....................... Lithium 0.596
carbonate.
MgCO3........................ Magnesite...... 0.522
MnCO3........................ Rhodochrosite.. 0.383
Na2CO3....................... Sodium 0.415
carbonate,
Soda ash.
[[Page 32947]]
SrCO3........................ Strontium 0.298
carbonate,
Strontianite.
------------------------------------------------------------------------
\a\ Emission factors are in units of metric tons of CO2 emitted per
metric ton of carbonate-based mineral.
\b\ Ankerite emission factors are based on a formula weight range that
assumes Fe, Mg, and Mn are present in amounts of at least 1.0 percent.
[FR Doc. 2023-10047 Filed 5-19-23; 8:45 am]
BILLING CODE 6560-50-P