Rule2024-07413
Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule
Primary source
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Published
April 25, 2024
Effective
January 1, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The EPA is amending specific provisions in the Greenhouse Gas Reporting Rule to improve data quality and consistency. This action updates the General Provisions to reflect revised global warming potentials; expands reporting to additional sectors; improves the calculation, recordkeeping, and reporting requirements by updating existing methodologies; improves data verifications; and provides for collection of additional data to better inform and be relevant to a wide variety of Clean Air Act provisions that the EPA carries out. This action adds greenhouse gas monitoring and reporting for five source categories including coke calcining; ceramics manufacturing; calcium carbide production; caprolactam, glyoxal, and glyoxylic acid production; and facilities conducting geologic sequestration of carbon dioxide with enhanced oil recovery. These revisions also include changes that will improve implementation of the rule such as updates to applicability estimation methodologies, simplifying calculation and monitoring methodologies, streamlining recordkeeping and reporting, and other minor technical corrections or clarifications. This action also establishes and amends confidentiality determinations for the reporting of certain data elements to be added or substantially revised in these amendments.
Full Text
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[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Rules and Regulations]
[Pages 31802-31959]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07413]
[[Page 31801]]
Vol. 89
Thursday,
No. 81
April 25, 2024
Part II
Environmental Protection Agency
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40 CFR Parts 9 and 98
Revisions and Confidentiality Determinations for Data Elements Under
the Greenhouse Gas Reporting Rule; Final Rule
Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Rules
and Regulations
[[Page 31802]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 98
[EPA-HQ-OAR-2019-0424; FRL-7230-01-OAR]
RIN 2060-AU35
Revisions and Confidentiality Determinations for Data Elements
Under the Greenhouse Gas Reporting Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is amending specific provisions in the Greenhouse Gas
Reporting Rule to improve data quality and consistency. This action
updates the General Provisions to reflect revised global warming
potentials; expands reporting to additional sectors; improves the
calculation, recordkeeping, and reporting requirements by updating
existing methodologies; improves data verifications; and provides for
collection of additional data to better inform and be relevant to a
wide variety of Clean Air Act provisions that the EPA carries out. This
action adds greenhouse gas monitoring and reporting for five source
categories including coke calcining; ceramics manufacturing; calcium
carbide production; caprolactam, glyoxal, and glyoxylic acid
production; and facilities conducting geologic sequestration of carbon
dioxide with enhanced oil recovery. These revisions also include
changes that will improve implementation of the rule such as updates to
applicability estimation methodologies, simplifying calculation and
monitoring methodologies, streamlining recordkeeping and reporting, and
other minor technical corrections or clarifications. This action also
establishes and amends confidentiality determinations for the reporting
of certain data elements to be added or substantially revised in these
amendments.
DATES: This rule is effective January 1, 2025. The incorporation by
reference of certain material listed in this final rule is approved by
the Director of the Federal Register beginning January 1, 2025. The
incorporation by reference of certain other material listed in the rule
was approved by the Director of the Federal Register as of January 1,
2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2019-0424. All documents in the docket are
listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy at the EPA Docket
Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744 and the telephone
number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: 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: <a href="/cdn-cgi/l/email-protection#5a1d121d083f2a35282e33343d1a3f2a3b743d352c"><span class="__cf_email__" data-cfemail="0a4d424d586f7a65787e63646d4a6f7a6b246d657c">[email protected]</span></a>.
For technical information, please go to the Greenhouse Gas Reporting
Program (GHGRP) website, <a href="http://www.epa.gov/ghgreporting">www.epa.gov/ghgreporting</a>. 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 final rule will also be available through
the WWW. Following the Administrator's signature, a copy of this final
rule will be posted on the EPA's GHGRP website at <a href="http://www.epa.gov/ghgreporting">www.epa.gov/ghgreporting</a>.
SUPPLEMENTARY INFORMATION:
Regulated entities. These final revisions affect certain entities
that must submit annual greenhouse gas (GHG) reports under the GHGRP
(codified at 40 CFR part 98). These are amendments to existing
regulations and will affect owners or operators of certain industry
sectors that are suppliers and 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
------------------------------------------------------------------------
North American Examples of
Industry facilities that may
Category Classification be subject to part
System (NAICS) 98:+
------------------------------------------------------------------------
General Stationary Fuel ................. Facilities operating
Combustion Sources. 211 boilers, process
heaters,
incinerators,
turbines, and
internal combustion
engines.
Extractors of crude
petroleum and
natural gas.
321 Manufacturers of
lumber and wood
products.
322 Pulp and paper mills.
325 Chemical
manufacturers.
324 Petroleum refineries,
and manufacturers of
coal products.
316, 326, 339 Manufacturers of
rubber and
miscellaneous
plastic products.
331 Steel works, blast
furnaces.
332 Electroplating,
plating, polishing,
anodizing, and
coloring.
336 Manufacturers of
motor vehicle parts
and accessories.
221 Electric, gas, and
sanitary services.
622 Health services.
611 Educational services.
Electric Power Generation..... 2211 Generation facilities
that produce
electric energy.
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.
[[Page 31803]]
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,
327120 and plumbing fixture
manufacturing.
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
327213 manufacturing
facilities.
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
landfills.
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. 221210 transportation of
natural gas.
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.
-----------------------------------------
Municipal Solid Waste 562212 Solid waste
Landfills. 221320 landfills.
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.
[[Page 31804]]
Zinc Production............... 331410 Nonferrous metal
(except aluminum)
smelting and
refining: Zinc
refining, primary.
Suppliers of Coal-based Liquid 211130 Coal liquefaction at
Fuels. mine sites.
Suppliers of Natural Gas and 221210 Natural gas
Natural Gas Liquids. 211112 distribution
facilities.
Natural gas liquid
extraction
facilities.
Suppliers of Petroleum 324110 Petroleum refineries.
Products.
Suppliers of Carbon Dioxide... 325120 Industrial gas
manufacturing
facilities.
Suppliers of Industrial 325120 Industrial greenhouse
Greenhouse Gases. gas manufacturing
facilities.
Importers and Exporters of Pre- 423730 Air-conditioning
charged Equipment and Closed- 333415 equipment (except
Cell Foams. room units) merchant
wholesalers.
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.
------------------------------------------------------------------------
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 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 will be
affected by this 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 preceding FOR FURTHER INFORMATION CONTACT section.
Acronyms and abbreviations. The following acronyms and
abbreviations are used in this document.
ACE Automated Commercial Environment
AIM American Innovation and Manufacturing Act of 2020
ANSI American National Standards Institute
API American Petroleum Institute
ASME American Society of Mechanical Engineers
ASTM ASTM, International
BAMM best available monitoring methods
BCFCs bromochlorofluorocarbons
BEF byproduct emission factor
BFCs bromofluorocarbons
CAA Clean Air Act
CaO calcium oxide (lime)
CARB California Air Resources Board
CAS Chemical Abstracts Service
CBI confidential business information
CBP U.S. Customs and Border Protection
CCS carbon capture and sequestration
CECS combustion emissions control system
CEMS continuous emissions monitoring system
CFC chlorofluorocarbon
CFR Code of Federal Regulations
CF<INF>4</INF> perfluoromethane
CGA cylinder gas audit
CHP combined heat and power
CH<INF>4</INF> methane
CKD cement kiln dust
CO<INF>2</INF> carbon dioxide
CO<INF>2</INF>e carbon dioxide equivalent
COF<INF>2</INF> carbonic difluoride
CRA Congressional Review Act
CSA CSA Group
DAC direct air capture
DCU delayed coking unit
DOC degradable organic carbon
DOE U.S. Department of Energy
DRE destruction or removal efficiency
EAF electric arc furnace
EDC ethylene dichloride
EF emission factor
EGU electricity generating unit
e-GGRT electronic Greenhouse Gas Reporting Tool
EG emission guidelines
EOR enhanced oil recovery
EPA U.S. Environmental Protection Agency
EREF Environmental Research and Education Foundation
F-GHG fluorinated greenhouse gas
F-HTF fluorinated heat transfer fluids
FLIGHT Facility Level Information on Greenhouse Gases Tool
FR Federal Register
FTIR Fourier Transform Infrared
GCCS gas collection and capture system
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GIE gas-insulated equipment
GWP global warming potential
HBCFC hydrobromochlorofluorocarbon
HBFC hydrobromofluorocarbon
HC hydrocarbon
HCFC hydrochlorofluorocarbon
HCFE hydrochlorofluoroether
HFC hydrofluorocarbon
HFE hydrofluoroether
HHV high heating value
HTF heat transfer fluid
HTS Harmonized Tariff System
ICR Information Collection Request
IPCC Intergovernmental Panel on Climate Change
ISO International Standards Organization
IVT Inputs Verification Tool
k first order decay rate
kg kilogram
kV kilovolt
LCD liquid crystal display
LDC local distribution company
LMOP Landfill Methane Outreach Program
MEMS Microelectromechanical systems
MgO magnesium oxide
mmBtu million British thermal units
MRV monitoring, reporting, and verification plan
MW molecular weight
MSW municipal solid waste
mt metric tons
mtCO<INF>2</INF>e metric tons carbon dioxide equivalent
MTBS Mean Time Between Service
NAICS North American Industry Classification System
NIST National Institute of Standards and Technology
NSPS new source performance standards
N<INF>2</INF>O nitrous oxide
OAR Office of Air and Radiation
OMB Office of Management and Budget
OMP operations management plan
PFC perfluorocarbon
POU point of use
POX partial oxidation
ppmv parts per million volume
PRA Paperwork Reduction Act
PSA pressure swing absorption
psi pounds per square inch
psia pounds per square inch, absolute
PV photovoltaic
QA/QC quality assurance/quality control
[[Page 31805]]
RFA Regulatory Flexibility Act
RPC remote plasma cleaning
RY reporting year
scf standard cubic feet
SEM surface-emissions monitoring
SF<INF>6</INF> sulfur hexafluoride
SMR steam methane reforming
SSM startup, shutdown, and malfunction
TSD technical support document
UMRA Unfunded Mandates Reform Act of 1995
UNFCCC United Nations Framework Convention on Climate Change
U.S. United States
VCM vinyl chloride monomer
WGS water gas shift
WMO World Meteorological Organization
WWW World Wide Web
Table of Contents
I. Background
A. How is this preamble organized?
B. Executive Summary
C. Background on This Final Rule
D. Legal Authority
II. Overview of Final Revisions to 40 CFR Part 98 and 40 CFR Part 9
III. Final Revisions to Each Subpart of Part 98 and Summary of
Comments and Responses
A. Subpart A--General Provisions
B. Subpart B--Energy Consumption
C. Subpart C--General Stationary Fuel Combustion
D. Subpart F--Aluminum Production
E. Subpart G--Ammonia Manufacturing
F. Subpart H--Cement Production
G. Subpart I--Electronics Manufacturing
H. Subpart N--Glass Production
I. Subpart P--Hydrogen Production
J. Subpart Q--Iron and Steel Production
K. Subpart S--Lime Production
L. Subpart U--Miscellaneous Uses of Carbonate
M. Subpart X--Petrochemical Production
N. Subpart Y--Petroleum Refineries
O. Subpart AA--Pulp and Paper Manufacturing
P. Subpart BB--Silicon Carbide Production
Q. Subpart DD--Electrical Transmission and Distribution
Equipment Use
R. Subpart FF--Underground Coal Mines
S. Subpart GG--Zinc Production
T. Subpart HH--Municipal Solid Waste Landfills
U. Subpart OO--Suppliers of Industrial Greenhouse Gases
V. Subpart PP--Suppliers of Carbon Dioxide
W. Subpart QQ--Importers and Exporters of Fluorinated Greenhouse
Gases Contained in Pre-Charged Equipment and Closed-Cell Foams
X. Subpart RR--Geologic Sequestration of Carbon Dioxide
Y. Subpart SS--Electrical Equipment Manufacture or Refurbishment
Z. Subpart UU--Injection of Carbon Dioxide
AA. Subpart VV--Geologic Sequestration of Carbon Dioxide With
Enhanced Oil Recovery Using ISO 27916
BB. Subpart WW--Coke Calciners
CC. Subpart XX--Calcium Carbide Production
DD. Subpart YY--Caprolactam, Glyoxal, and Glyoxylic Acid
Production
EE. Subpart ZZ--Ceramics Manufacturing
IV. Final Revisions to 40 CFR Part 9
V. Effective Date of the Final Amendments
VI. Final Confidentiality Determinations
A. EPA's Approach to Assessing Data Elements
B. Final Confidentiality Determinations and Emissions Data
Designations
C. Final Reporting Determinations for Inputs to Emission
Equations
VII. Impacts and Benefits of the Final Amendments
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act and 1 CFR
Part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Judicial Review
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 the May 22, 2023
supplemental proposed rule (88 FR 32852, hereafter referred to as
``2023 Supplemental Proposal''). This section also discusses the EPA's
legal authority under the 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
corresponding to these amendments or for existing data elements for
which the EPA is finalizing a new determination. Section II. of this
preamble describes the types of amendments included in this final rule.
Section III. of this preamble is organized by part 98 subpart and
contains detailed information on the final new requirements for, or
revisions to, each subpart. Section IV. of this preamble describes the
final revisions to 40 CFR part 9. Section V. of this preamble explains
the effective date of the final revisions and how the revisions are
required to be implemented in reporting year (RY) 2024 and RY2025
reports. Section VI. of this preamble discusses the final
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 finalizing a new determination. Section VII. of this preamble
discusses the impacts of the final amendments. Finally, section VIII.
of this preamble describes the statutory and Executive order
requirements applicable to this action.
B. Executive Summary
The EPA is finalizing certain proposed revisions to part 98
included in the 2022 Data Quality Improvements Proposal and the 2023
Supplemental Proposal, with some changes made after consideration of
public comments. The final amendments include improvements to
requirements that, broadly, will enhance the quality and the scope of
information collected, clarify elements of the rule, and streamline
elements of reporting and recordkeeping. These final revisions include
a comprehensive update to the global warming potentials (GWPs) in table
A-1 to subpart A of part 98; updates to provide for collection of
additional data to understand new source categories or new emission
sources for specific sectors; updates to emission factors to more
accurately reflect industry emissions; refinements to existing
emissions calculation methodologies to reflect an improved
understanding of emissions sources and end uses of GHGs; additions or
modifications to reporting requirements in order to eliminate data gaps
and improve verification of reported emissions; revisions that address
prior commenter concerns or clarify requirements; and editorial
corrections that are intended to improve the public's understanding of
the rule. The final amendments also include streamlining measures such
as revisions to applicability for certain industry sectors to account
for changes in usage of certain GHGs or instances where the current
applicability estimation methodology may overestimate emissions;
revisions that provide flexibility for or simplify monitoring and
calculation methods; and revisions to streamline reported data elements
or recordkeeping where the current requirements are redundant, where
reported data are not currently useful for verification or analysis, or
for which continued collection of the data at the same frequency would
not likely
[[Page 31806]]
provide new insights or knowledge of the industry sector, emissions, or
trends at this time. This action also finalizes confidentiality
determinations for the reporting of data elements added or
substantially revised in these final amendments, and for certain
existing data elements for which no confidentiality determination has
been made previously or for which the EPA proposed to revise the
existing determination.
In some cases, and as further described in section III. of this
preamble, the EPA is not taking final action in this final rule on
certain proposed revisions included in the 2022 Data Quality
Improvements Proposal and the 2023 Supplemental Proposal. For example,
after review of comments received in response to the proposed
requirements to report purchased electricity and thermal energy
consumption information under the proposed subpart B (Energy
Consumption), the EPA is not taking action at this time on those
proposed provisions. The EPA believes additional time is needed to
consider the comments received before taking final action. Similarly,
the EPA is not taking final action at this time on certain proposed
changes for some subparts. In some cases, e.g., for subparts G (Ammonia
Production), P (Hydrogen Production), S (Lime Production), and HH
(Municipal Solid Waste Landfills), we are not taking final action at
this time on certain revisions to the calculation or monitoring
methodologies that would have revised how data are collected and
reported in the EPA's electronic greenhouse gas reporting tool (e-
GGRT). In several cases, we are also not taking final action at this
time on proposed revisions to add reporting requirements. For example,
under subpart C (General Stationary Fuel Combustion), we are not taking
final action at this time on proposed revisions to the requirements for
units in either an aggregation of units or common pipe configuration
that would have required reporters to provide additional information
such as the unit type, maximum rated heat input capacity, and fraction
of the actual total heat input for each unit in the aggregation or the
common pipe configuration. Also under subpart C, we are not taking
final action at this time on proposed requirements that would have
required reporters to identify, for any configuration, whether the unit
is an electricity generating unit, and, for group configurations (i.e.,
common stack/duct, common pipe, and aggregation of units) that contain
an electricity generating unit, the estimated decimal fraction of total
emissions attributable to the electricity generating unit. Similarly,
we are not taking final action at this time on certain data elements
that were proposed to be added to subparts A (General Provisions), F
(Aluminum Production), G, H (Cement Production), P, S, HH, OO
(Suppliers of Industrial Greenhouse Gases), and QQ (Importers and
Exporters of Fluorinated Greenhouse Gases Contained in Pre-Charged
Equipment and Closed-Cell Foams). Additional proposed revisions that
EPA is not taking final action on at this time are discussed in section
III. of this preamble.
This final rule also includes an amendment to 40 CFR part 9 to
include the Office of Management and Budget (OMB) control number issued
under the Paperwork Reduction Act (PRA) for the information collection
request for the GHGRP.
The final amendments will become effective on January 1, 2025. As
provided under the existing regulations in subpart A of part 98, the
GWP amendments to table A-1 to subpart A will 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). All other final revisions, which apply to both
existing and new reporters, will be implemented for reports prepared
for RY2025 and submitted March 31, 2026. Reporters who are newly
subject to the rule will be required to implement all requirements to
collect data, including any required monitoring and recordkeeping, on
January 1, 2025.
These final amendments are anticipated to result in an overall
increase in burden for part 98 reporters in cases where the amendments
expand current applicability, add or revise reporting requirements, or
require additional emissions data to be reported. The primary burden
associated with the final rule is due to revisions to applicability,
including revisions to the global warming potentials in table A-1 to
subpart A of part 98, that will change the number of reporters
currently at or near the 25,000 metric tons carbon dioxide equivalent
(mtCO<INF>2</INF>e) threshold; revisions to establish requirements for
new source categories for coke calcining, calcium carbide, caprolactam,
glyoxal, and glyoxylic acid production, ceramics manufacturing, and
facilities conducting geologic sequestration of carbon dioxide with
enhanced oil recovery; 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 final revisions will
affect approximately 254 new reporters across 13 source categories,
including the hydrogen production, petroleum and natural gas systems,
petroleum refineries, electrical transmission and distribution systems,
industrial wastewater treatment, municipal solid waste landfills,
fluorinated GHG suppliers, and industrial waste landfills source
categories, as well as the new source categories added in these final
revisions. The EPA anticipates some decrease in burden where the final
revisions will adjust or improve the estimation methodologies for
determining applicability, simplify calculation methodologies or
monitoring requirements, or simplify the data that must be reported. In
several cases, we are also finalizing changes where we anticipate
increased clarity or more flexibility for reporters that could result
in a potential decrease in burden. The incremental implementation labor
costs for all subparts include $2,684,681 in RY2025, and $2,671,831 in
each subsequent year (RY2026 and RY2027). The incremental
implementation labor costs over the next three years (RY2025 through
RY2027) total $8,028,343. There is an additional incremental burden of
$2,733,937 for capital and operation and maintenance (O&M) costs in
RY2025 and in each subsequent year (RY2026 and RY2027), which reflects
changes to applicability and monitoring for subparts with new or
additional reporters. The incremental non-labor costs for RY2025
through RY2027 total $8,201,812 over the next three years.
C. Background on This Final Rule
The GHGRP requires annual reporting of GHG data and other relevant
information from large facilities and suppliers in the United States.
In its 2022 Data Quality Improvements Proposal, the EPA proposed
amendments to specific provisions of part 98 where we identified
opportunities to improve the quality of the data collected under the
rule. This included revisions that would provide for the collection of
additional data that may be necessary to better understand emissions
from specific sectors or inform future policy decisions under the CAA;
update emission factors; and refine emissions estimation methodologies.
The proposed rule also included revisions that provided for the
collection of additional data that would be useful to improve
verification of collected data and complement or
[[Page 31807]]
inform other EPA programs. These proposed revisions included the
incorporation of a new source category to add calculation and reporting
requirements for quantifying geologic sequestration of CO<INF>2</INF>
in association with enhanced oil recovery (EOR) operations. In several
cases, the 2022 Data Quality Improvements Proposal included revisions
that would resolve gaps in the current coverage of the GHGRP that leave
out potentially significant sources of GHG emissions or end uses. The
EPA also proposed revisions that clarified or updated provisions that
may be unclear, and that would streamline calculation, monitoring, or
reporting in specific provisions in part 98 to provide flexibility or
increase the efficiency of data collection. The EPA included a request
for comment on expanding the GHGRP to include several new source
categories (see section IV. of the preamble to the 2022 Data Quality
Improvements Proposal at 87 FR 37016) and requested comment on
potential future amendments to add new calculation, monitoring, and
reporting requirements for these categories. The EPA also proposed
confidentiality determinations for new or substantially revised data
reporting elements that would be amended under the proposed rule, as
well as for certain existing data elements for which the EPA proposed a
new or revised determination. The EPA received comments on the 2022
Data Quality Improvements Proposal from June 21, 2022, through October
6, 2022.
The EPA subsequently proposed additional amendments to part 98
where the Agency had received or identified new information to further
improve the data collected under the GHGRP. The 2023 Supplemental
Proposal included amendments that were informed by a review of comments
and information provided by stakeholders on the 2022 Data Quality
Improvements Proposal, as well as newly proposed amendments that the
EPA had identified from program implementation, e.g., where additional
data would improve verification of data reported to the GHGRP or would
further aid our understanding of changing industry emission trends. The
2023 Supplemental Proposal included a proposed comprehensive update to
the GWPs in table A-1 to subpart A of part 98; proposed amendments to
establish new subparts with specific reporting provisions under part 98
for five new source categories; and several proposed revisions where
the EPA had identified new data supporting improvements to the
calculation, monitoring, and recordkeeping requirements. The 2023
Supplemental Proposal also clarified or corrected specific proposed
provisions of the 2022 Data Quality Improvements Proposal. The
amendments included in the 2023 Supplemental Proposal were proposed as
part of the EPA's continued efforts to address potential data gaps and
improve the quality of the data collected in the GHGRP. The EPA also
proposed confidentiality determinations for new or substantially
revised data reporting elements that would be revised under the
supplemental proposed amendments. The EPA received comments on the 2023
Supplemental Proposal from May 22, 2023, through July 21, 2023.
The revisions included in the 2022 Data Quality Improvements
Proposal and the 2023 Supplemental Proposal were based on the EPA's
assessment of advances in scientific understanding of GHG emissions
sources, updated guidance on GHG estimation methods, and a review of
the data collected and emissions trends established following more than
10 years of implementation of the program. The EPA is finalizing
amendments and confidentiality determinations in this action, with
certain changes from the proposed rules following consideration of
comments submitted and based on the EPA's updated assessment. The
revisions reflect the EPA's efforts to update and improve the GHGRP by
better capturing the changing landscape of GHG emissions, providing for
more complete coverage of U.S. GHG emission sources, and providing a
more comprehensive approach to understanding GHG emissions. Responses
to major comments submitted on the proposed amendments from the 2022
Data Quality Improvement Proposal and the 2023 Supplemental Proposal
considered in the development of this final rule can be found in
sections III. and VI. of this preamble. Documentation of all comments
received as well as the EPA's responses can be found in the document
``Summary of Public Comments and Responses for 2024 Final Revisions and
Confidentiality Determinations for Data Elements under the Greenhouse
Gas Reporting Rule,'' available in the docket to this rulemaking,
Docket ID. No. EPA-HQ-OAR-2019-0424.
This final rule 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.'' Although the EPA
proposed amendments to subpart W of part 98 (Petroleum and Natural Gas
Systems) in the 2022 Data Quality Improvements Proposal, these were
developed prior to the Congressional direction provided in CAA section
136. The EPA noted in the preamble to the 2023 Supplemental Proposal
(see section I.B., 88 FR 32855) that we intend to issue one or more
separate actions to implement the requirements of CAA section 136,
including revisions to certain requirements of subpart W. Subsequently,
the EPA published a proposed rule for subpart W on August 1, 2023 (88
FR 50282, hereinafter referred to as the ``2023 Subpart W Proposal''),
as well as a proposed rule to implement CAA section 136(c), ``Waste
Emissions Charge,'' that was signed by the Administrator on January 12,
2024 and published on January 26, 2024 (89 FR 5318),\1\ to comply with
CAA section 136. As discussed in the 2023 Subpart W Proposal, the EPA
considered the 2022 Data Quality Improvements Proposal as well as
additional proposed revisions in the development of the 2023 Subpart W
Proposal. Accordingly, the EPA is not taking final action on the
revisions to subpart W, including harmonizing revisions to subparts A
(General Provisions) and C (General Stationary Fuel Combustion Sources)
related to subpart W, that were proposed in the 2022 Data Quality
Improvements Proposal in this final rule.
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\1\ CAA section 136(c), ``Waste Emissions Charge,'' directs the
Administrator to impose and collect a charge on methane
(CH<INF>4</INF>) emissions that exceed statutorily specified waste
emissions thresholds from an owner or operator of an applicable
facility that reports more than 25,000 metric tons carbon dioxide
equivalent pursuant to the Greenhouse Gas Reporting Rule's
requirements for the petroleum and natural gas systems source
category (codified as subpart W in EPA's Greenhouse Gas Reporting
Rule regulations).
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D. Legal Authority
The EPA is finalizing 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), CAA section 114(a)(1) provides the EPA authority to
require the information gathered by this rule because such data will
inform and are relevant to the EPA's carrying out of a variety of CAA
provisions. Thus, when promulgating amendments to the GHGRP, the EPA
has assessed the reasonableness of requiring the information to be
provided and explained how the data are relevant to the EPA's ability
to carry out the provisions of the CAA. See the preambles to the
proposed GHG
[[Page 31808]]
Reporting Rule (74 FR 16448, April 10, 2009) and the final GHG
Reporting Rule (74 FR 56260, October 30, 2009) for further discussion
of this authority. Additionally, in enacting CAA section 136 (discussed
above in preamble section I.C.), Congress implicitly recognized EPA's
appropriate use of CAA authority in promulgating the GHGRP. The
provisions of CAA section 136 reference and are in part based on the
Greenhouse Gas Reporting Rule requirements under subpart W for the
petroleum and natural gas systems source category and require further
revisions to subpart W for purposes of supporting implementation of
section 136.
The Administrator has determined that this action is subject to the
provisions of section 307(d) of the CAA (see also section VIII.L. of
this preamble). Section 307(d) contains a set of procedures relating to
the issuance and review of certain CAA rules.
In addition, pursuant to sections 114, 301, and 307 of the CAA, the
EPA is publishing final confidentiality determinations for the new or
substantially revised data elements required by these amendments.
Section 114(c) requires that the EPA make information obtained under
section 114 available to the public, except for information (excluding
emission data) that qualifies for confidential treatment.
II. Overview of Final Revisions to 40 CFR Part 98 and 40 CFR Part 9
Relevant to this final rule, the EPA previously proposed revisions
to part 98 in two separate documents: the 2022 Data Quality
Improvements Proposal (June 21, 2022, 87 FR 36920) and the 2023
Supplemental Proposal (May 22, 2023, 88 FR 32852). In the proposed
rules, the EPA identified two primary categories of revisions that we
are finalizing in this rule. First, the EPA identified revisions that
would modify the rule to improve the quality of the data collected and
better inform the EPA's understanding of U.S. GHG emissions sources.
Specifically, the EPA identified six types of revisions to improve the
quality of the data collected under part 98 that we are finalizing in
this rule, as follows:
<bullet> Revisions to table A-1 to the General Provisions of part
98 to update GWPs to reflect advances in scientific knowledge and
better characterize the climate impacts of certain GHGs, by including
values agreed to under the United Nations Framework Convention on
Climate Change, and to maintain comparability and consistency with the
Inventory of U.S. Greenhouse Gas Emissions and Sinks (hereafter
referred to as ``the Inventory'') and other analyses produced by the
EPA;
<bullet> Revisions to expand source categories or add new source
categories to address potential gaps in reporting of data on U.S. GHG
emissions or supply in order to improve the accuracy and completeness
of the data provided by the GHGRP;
<bullet> Amendments to update emission factors to incorporate new
measurement data that more accurately reflect industry emissions;
<bullet> Revisions to refine existing emissions calculation
methodologies to reflect an improved understanding of emissions sources
and end uses of GHGs, or to incorporate more recent research on GHG
emissions or formation;
<bullet> Additions or modifications to reporting requirements to
eliminate data gaps and improve verification of emissions estimates;
and
<bullet> 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 will
improve the public's understanding of the rule.
Second, the EPA identified revisions that would streamline the
calculation, monitoring, or reporting requirements of part 98 to
provide flexibility or increase the efficiency of data collection. In
the 2022 Data Quality Improvements Proposal and the 2023 Supplemental
Notice, the EPA identified several streamlining revisions that we are
finalizing in this rule, as follows:
<bullet> Revisions to applicability criteria for certain industry
sectors without the 25,000 mtCO<INF>2</INF>e per year reporting
threshold to account for changes in usage of certain GHGs, or where the
current applicability estimation methodology may overestimate
emissions;
<bullet> Revisions that provide flexibility for and simplify
monitoring and calculation methods where further monitoring and data
collection will not likely significantly improve our understanding of
emission sources at this time, or where we currently allow similar less
burdensome methodologies for other sources; and
<bullet> Revisions to reported data elements or recordkeeping where
the current requirements are redundant or where reported data are not
currently useful for verification or analysis, or for which continued
collection of the data at the same frequency will not likely provide
new insights or knowledge of the industry sector, emissions, or trends
at this time.
The revisions included in this final rule will advance the EPA's
goal of updating the GHGRP to reflect advances in scientific knowledge,
better reflect the EPA's current understanding of U.S. GHG emissions
and trends and improve data collection and reporting to better
understand emissions from specific sectors or inform future policy
decisions under the CAA. The types of streamlining revisions we are
finalizing will simplify requirements while maintaining the quality of
the data collected under part 98, where continued collection of
information assists in evaluation and support of EPA programs and
policies.
The EPA has frequently considered and relied on data collected
under the GHGRP to carry out provisions of the CAA; to inform policy
options; and to support regulatory and non-regulatory actions. For
example, GHGRP landfill data from subpart HH of part 98 (Municipal
Solid Waste Landfills) were previously analyzed to inform the
development of the 2016 new source performance standards (NSPS) and
emission guidelines (EG) for landfills (89 FR 59322; August 29, 2016).
Specifically, the EPA used data from part 98 reporting to update the
characteristics and technical attributes of over 1,200 landfills in the
EPA's landfills data set, as well as to estimate emission reductions
and costs, to inform the revised performance standards. Most recently,
the EPA used GHGRP data collected under subparts RR (Geologic
Sequestration of Carbon Dioxide) and UU (Injection of Carbon Dioxide)
of part 98 to inform the development of the proposed NSPS and EG for
GHG emissions from fossil fuel-fired electric generating units (EGUs)
(88 FR 33240, May 23, 2023, hereafter ``EGU NSPS/EG proposed rule''),
including to assess the geographic availability of geologic
sequestration and enhanced oil recovery. These final revisions to the
GHGRP will, as discussed herein, improve the GHG emissions data and
supplier data that is collected under the GHGRP to better inform the
EPA in carrying out provisions of the CAA (such as providing a better
understanding of upstream production, downstream emissions, and
potential impacts) and otherwise supporting the continued development
of climate and air quality standards under the CAA.
As the EPA has explained since the GHGRP was first promulgated, the
data also will inform the EPA's implementation of CAA section 103(g)
regarding improvements in nonregulatory strategies and technologies for
preventing or reducing air pollutants (e.g., EPA's voluntary
[[Page 31809]]
GHG reduction programs such as the non-CO<INF>2</INF> partnership
programs and ENERGY STAR) (74 FR 56265). The final rule will support
the overall goals of the GHGRP to collect high-quality GHG data and to
incorporate metrics and methodologies that reflect scientific updates.
For example, we are finalizing revisions to table A-1 to subpart A of
part 98 to update the chemical-specific GWP values of certain GHGs to
(1) reflect GWPs from the Intergovernmental Panel on Climate Change
(IPCC) Fifth Assessment Report (hereinafter referred to as ``AR5'');
\2\ (2) 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''); \3\ and (3) to revise and expand
the set of default GWPs which are applied to GHGs for which peer-
reviewed chemical-specific GWPs are not available.
---------------------------------------------------------------------------
\2\ 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.''
\3\ 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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In several cases, we are finalizing updates to emissions and
default factors where we have received or identified updated
measurement data. For example, we are finalizing updates to the default
biogenic fraction for tire combustion in subpart C of part 98 (General
Stationary Fuel Combustion) based on updated data obtained by the EPA
on the weighted average composition of natural rubber in tires,
allowing for the estimation of an emission factor that is more
representative of these sources. Similarly, we are finalizing updates
to the emission factors and default destruction and removal efficiency
values in subpart I of part 98 (Electronics Manufacturing). The updated
emission factors are based on newly submitted data from the 2017 and
2020 technology assessment reports submitted under the GHGRP with
RY2016 and RY2019 annual reports, as well as consideration of new
emission factors available in the 2019 Refinement to the 2006 IPCC
Guidelines for National Greenhouse Gas Inventories (hereafter ``2019
Refinement'').\4\
---------------------------------------------------------------------------
\4\ Intergovernmental Panel on Climate Change. 2019 Refinement
to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories,
Calvo Buendia, E., Tanabe, K., Kranjc, A., Baasansuren, J., Fukuda,
M., Ngarize, S., Osako, A., Pyrozhenko, Y., Shermanau, P. and
Federici, S. (eds). Published: IPCC, Switzerland. 2019. <a href="https://www.ipcc-nggip.iges.or.jp/public/2019rf/index.html">https://www.ipcc-nggip.iges.or.jp/public/2019rf/index.html</a>.
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In other cases, we are finalizing updates to calculation
methodologies to incorporate updates that are based on an improved
understanding of emission sources. For example, for subpart I of part
98 (Electronics Manufacturing), the EPA is implementing emissions
estimation improvements from the 2019 Refinement such as updates to the
method used to calculate the fraction of fluorinated input gases and
byproducts exhausted from tools with abatement systems during stack
tests; revising equations that calculate the weighted average DREs for
individual fluorinated greenhouse gases (F-GHGs) across process types;
requiring that all stack systems be tested if the stack test method is
used; and updating a set of equations that will more accurately account
for emissions when pre-control emissions of a F-GHG approach or exceed
the consumption of that gas during the test period. For subpart Y
(Petroleum Refineries), we are amending the calculation methodology for
delayed coking units to more accurately reflect the activities
conducted at certain facilities that were not captured by the current
emissions estimation methodology, which relies on a steam generation
model. The incorporation of updated metrics and methodologies will
improve the quality and accuracy of the data collected under the GHGRP,
increase the Agency's understanding of the relative distribution of
GHGs that are emitted, and better inform EPA policy and programs under
the CAA.
The improvements to part 98 will further provide a more
comprehensive, nationwide GHG emissions profile reflective of the
origin and distribution of GHG emissions in the United States and will
more accurately inform EPA policy options for potential regulatory or
non-regulatory CAA programs. The EPA is finalizing several amendments
that will reduce gaps in the reporting of GHG emissions and supply from
specific sectors, including the broadening of existing source
categories; and establishing new source categories that will add
calculation, monitoring, reporting, and recordkeeping requirements for
certain sectors of the economy. The final revisions add five new source
categories, including coke calcining; ceramics manufacturing; calcium
carbide production; caprolactam, glyoxal, and glyoxylic acid
production; and facilities conducting geologic sequestration of carbon
dioxide with enhanced oil recovery. These source categories were
identified upon evaluation of emission sources that 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.
Additionally, the inclusion of certain source categories will improve
the completeness of the emissions estimates presented in the Inventory,
such as collection of data on ceramics manufacturing; calcium carbide
production; and caprolactam, glyoxal, and glyoxylic acid production.
The EPA is also finalizing updates to certain subparts to add reporting
of new emissions or emissions sources for existing sectors to address
potential gaps in reporting. For example, we are adding requirements
for the monitoring, calculation, and reporting of F-GHGs other than
sulfur hexafluoride (SF<INF>6</INF>) and perfluorocarbons (PFCs) under
subparts DD (Electrical Equipment and Distribution Equipment Use) and
SS (Electrical Equipment Manufacture or Refurbishment) to account for
the introduction of alternative technologies and replacements for
SF<INF>6</INF>.
Likewise, we are finalizing revisions that will improve reporting
under subpart HH to better account for CH<INF>4</INF> emissions from
these facilities. Following review of recent studies indicating that
CH<INF>4</INF> emissions from landfills may be considerably higher than
what is currently reported to part 98 due in part to emissions from
poorly operating gas collection systems or destruction devices, we are
revising the calculation methodologies in subpart HH to better account
for these scenarios. These changes are necessary for the EPA to
continue to analyze the relative emissions and distribution of
emissions from specific industries, improve the overall quality of the
data collected under the GHGRP, and better inform future EPA policy and
programs under the CAA. For example, the final revisions to subpart HH
will be used to further improve the data in the EPA's landfills data
set by providing more
[[Page 31810]]
comprehensive and accurate information on landfill emissions and the
efficacy of gas collection systems and destruction devices.
The final revisions also help ensure that the data collected in the
GHGRP can be compared to the data collected and presented by other EPA
programs under the CAA. For example, we are finalizing several
revisions to the reporting requirements for subpart HH, including more
clearly identifying 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
in subpart HH of part 98. These revisions can be used to estimate the
relative volume of gas flared versus sent to landfill-gas-to-energy
projects to better understand the amount of recovered CH<INF>4</INF>
that is beneficially used in energy recovery projects. Understanding
the energy recovery of these facilities is critical for evaluating and
identifying progress towards renewable energy targets. Specifically,
these data will allow the Agency to identify industry-specific trends
of beneficial use of landfill gas, communicate best operating practices
for reducing GHG emissions, and evaluate options for expanding the use
of these best practices or other potential policy options under the
CAA.
Similarly, we are finalizing revisions to clarify subpart RR
(Geologic Sequestration of Carbon Dioxide) and add subpart VV (Geologic
Sequestration of Carbon Dioxide With Enhanced Oil Recovery Using ISO
27916) to part 98. Subpart VV provides for the reporting of incidental
CO<INF>2</INF> storage associated with enhanced oil recovery based on
the CSA Group (CSA)/American National Standards Institute (ANSI)
International Standards Organization (ISO) 27916:19.
In the EGU NSPS/EG proposed rule, the EPA proposed that any
affected EGU that employs CCS technology that captures enough
CO<INF>2</INF> to meet the proposed standard and injects the
CO<INF>2</INF> underground must assure that the CO<INF>2</INF> is
managed at a facility reporting under subpart RR or new subpart VV of
part 98. As such, this final rule complements the EGU NSPS/EG proposed
rule.
In other cases, the revisions include collection of data that could
be compared to other national and international inventories, improving,
for example, the estimates provided to the Inventory. For instance, we
are finalizing revisions to subpart N (Glass Production) to require
reporting of the annual quantities of cullet (i.e., recycled scrap
glass) used as a raw material. Because differences in the quantities of
cullet used can lead to variations in emissions from the production of
different glass types, the annual quantities of cullet used will
provide a useful metric for understanding variations and differences in
emissions estimates as well as improve the analysis, transparency, and
accuracy of the glass manufacturing sector in the Inventory and other
EPA programs. Likewise, the addition of reporting for new source
categories will improve the completeness of the emissions estimates
presented in the Inventory, such as collection of data on ceramics
manufacturing, calcium carbide production, and caprolactam, glyoxal,
and glyoxylic acid production.
The EPA is finalizing several amendments to improve verification of
the annual GHG reports. For example, we are finalizing amendments to
subpart H (Cement Production) to collect additional data including
annual averages for certain chemical composition input data on a
facility-basis, which the Agency will use to build verification checks.
These edits will provide the EPA the ability to check reported
emissions data from subpart H reporters using both the mass balance and
direct measurement estimation methods, allowing the EPA to back-
estimate process emissions, which will result in more accurate
reporting. Similarly, we are amending subparts OO (Suppliers of
Industrial Greenhouse Gases) and QQ (Importers and Exporters of
Fluorinated Greenhouse Gases Contained in Pre-Charged Equipment or
Closed-Cell Foams) of part 98 to require reporting of the Harmonized
Tariff System code for each F-GHG, fluorinated heat transfer fluid (F-
HTF), or nitrous oxide (N<INF>2</INF>O) shipped, which will reduce
instances of reporting where the data provided is unclear or unable to
be compared to outside data sources for verification.
Lastly, the changes in this final rule will further advance the
ability of the GHGRP to provide access to quality data on greenhouse
gas emissions. Since its implementation, the collection of data under
the GHGRP has allowed the Agency and relevant stakeholders to identify
changes in industry and emissions trends, such as transitions in
equipment technology or use of alternative lower-GWP greenhouses gases,
that may be beneficial for informing other EPA programs under the CAA.
The GHGRP provides an important data resource for communities and the
public to understand GHG emissions. Since facilities are required to
use prescribed calculation and monitoring methods, emissions data can
be compared and analyzed, including locations of emissions sources.
GHGRP data are easily accessible to the public via the EPA's online
data publication tool, also known as FLIGHT at: <a href="https://ghgdata.epa.gov/ghgp/main.do">https://ghgdata.epa.gov/ghgp/main.do</a>. FLIGHT allows users to view and sort GHG
data for every reporting year starting with 2010 from over 8,000
entities in a variety of ways including by location, industrial sector,
and type of GHG emitted. This powerful data resource provides a
critical tool for communities to identify nearby sources of GHGs and
provide information to state and local governments. Overall, the final
revisions in this action will improve the quality of the data collected
under the program and available to communities.
These final revisions will, as such, maximize the effectiveness of
part 98. Section III. of this preamble describes the specific changes
that we are finalizing for each subpart to part 98 in more detail.
Additional discussion of the benefits of the final rule are in section
VII. of this preamble.
Additionally, we are finalizing a technical amendment to 40 CFR
part 9 to update the table that lists the OMB control numbers issued
under the PRA to include the information collection request (ICR) for
40 CFR part 98. This amendment satisfies the display requirements of
the PRA and OMB's implementing regulations at 5 CFR part 1320 and is
further described in section IV. of this preamble.
III. Final Revisions to Each Subpart of Part 98 and Summary of Comments
and Responses
This section summarizes the final amendments to each part 98
subpart, as generally described in section II. of this preamble. Major
changes to the final rule as compared to the proposed revisions are
identified in this section. The amendments to each subpart are followed
by a summary of the major comments on those amendments, and the EPA's
responses to those comments. Other minor corrections and clarifications
are reflected in the final redline regulatory text in the docket for
this rulemaking (Docket ID. No. EPA-HQ-OAR-2019-0424).
A. Subpart A--General Provisions
The EPA is finalizing several amendments to subpart A of part 98
(General Provisions) as proposed. In some cases, we are finalizing the
proposed amendments with revisions. Section III.A.1. of this preamble
discusses the final revisions to subpart A. The EPA received several
comments on the proposed subpart A revisions which are discussed in
section III.A.2.
[[Page 31811]]
of this preamble. We are not finalizing the proposed confidentiality
determinations for data elements that were included in the proposed
revisions to subpart A, as described in section VI. of this preamble.
1. Summary of Final Amendments to Subpart A
This section summarizes the final amendments to subpart A. Major
changes in this final rule as compared to the proposed revisions are
identified in this section. The rationale for these and any other
changes to 40 CFR part 98, subpart A can be found in section III.A.2.
of this preamble. Additional information for these amendments and their
supporting basis is available in the preamble to the 2022 Data Quality
Improvements Proposal and 2023 Supplemental Proposal.
a. Revisions to Global Warming Potentials
As proposed, we are revising table A-1 to subpart A of part 98 to
reflect more accurate GWPs to better characterize the climate impacts
of individual GHGs and to ensure continued consistency with other U.S.
climate programs, including the Inventory. The amendments to the GWPs
in table A-1 that we are finalizing in this document are discussed in
this section of this preamble. The EPA's response to comments received
on the proposed revisions to table A-1 are in section III.A.2.a. of
this preamble.
In the 2022 Data Quality Improvements Proposal, the EPA proposed
two updates to table A-1 to subpart A of part 98 to update GWP values
to reflect advances in scientific knowledge. First, we proposed to
adopt a chemical-specific GWP of 0.14 for carbonic difluoride
(COF<INF>2</INF>) using the atmospheric lifetime and radiative
efficiency published by the World Meteorological Organization (WMO) in
its Scientific Assessment of Ozone Depletion.\5\ We also proposed to
expand one of the F-GHG groups to which a default GWP is assigned.
Default GWPs are applied to GHGs for which peer-reviewed chemical-
specific GWPs are not available. Specifically, we proposed to expand
the ninth F-GHG group in table A-1 to subpart A of part 98, which
includes unsaturated PFCs, unsaturated HFCs, unsaturated
hydrochlorofluorocarbons (HCFCs), unsaturated halogenated ethers,
unsaturated halogenated esters, fluorinated aldehydes, and fluorinated
ketones, to include additional unsaturated fluorocarbons. Given the
very short atmospheric lifetimes of unsaturated GHGs and review of
available evaluations of individual unsaturated chlorofluorocarbons and
unsaturated bromofluorocarbons in the 2018 WMO Scientific Assessment,
we proposed to add unsaturated bromofluorocarbons, unsaturated
chlorofluorocarbons, unsaturated bromochlorofluorocarbons, unsaturated
hydrobromofluorocarbons, and unsaturated hydrobromochlorofluorocarbons
to this F-GHG group, which will apply a default GWP of 1 to these
compounds. Additional information on these amendments and their
supporting basis is available in section III.A.1. of the preamble to
the 2022 Data Quality Improvements Proposal.
---------------------------------------------------------------------------
\5\ WMO. Scientific Assessment of Ozone Depletion: 2018, Global
Ozone Research and Monitoring Project-Report No. 58, 588 pp.,
Geneva, Switzerland, 2018. <a href="http://www.esrl.noaa.gov/csd/assessments/ozone/2018/downloads/018OzoneAssessment.pdf">www.esrl.noaa.gov/csd/assessments/ozone/2018/downloads/018OzoneAssessment.pdf</a>. Retrieved July 29, 2019.
Available in the docket for this rulemaking, Docket ID. No. EPA-HQ-
OAR-2019-0424.
---------------------------------------------------------------------------
As the 2022 Data Quality Improvements Proposal was nearing
publication, the Parties to the United Nations Framework Convention on
Climate Change (UNFCCC) fully specified which GWPs countries should use
for purposes of GHG reporting.\6\ The EPA subsequently proposed a
comprehensive update to table A-1 to subpart A of part 98 in the 2023
Supplemental Proposal, consistent with recent science and the UNFCCC
decision. This update carried out the intent that the EPA expressed at
the time the GHGRP was first promulgated and in subsequent updates to
part 98 to periodically update table A-1 as science and UNFCCC
decisions evolve. Specifically, the EPA proposed revisions to table A-1
to update the chemical-specific GWPs values of certain GHGs to reflect
values from the IPCC AR5 \7\ and, for certain GHGs that do not have
chemical-specific GWPs listed in AR5, to adopt GWP values from the IPCC
AR6.\8\ We proposed to adopt the AR5 and AR6 GWPs based on a 100-year
time horizon. We also proposed to revise and expand the set of default
GWPs in table A-1 for GHGs for which peer-reviewed chemical-specific
GWPs are not available, including adding two new fluorinated GHG groups
for saturated chlorofluorocarbons (CFCs) and for cyclic forms of
unsaturated halogenated compounds, modifying the ninth F-GHG group to
more clearly apply to non-cyclic unsaturated halogenated compounds, and
updating the existing default GWP values to reflect values estimated
from the chemical-specific GWPs that we proposed to adopt from AR5 and
AR6. See sections II.A. and III.A.1. of the preamble to the 2023
Supplemental Proposal for additional information.
---------------------------------------------------------------------------
\6\ As explained in section III.A.1. of the preamble to the 2023
Supplemental Proposal, the Parties to the UNFCCC specified the
agreed-on GWPs in November 2021, which was too late to allow the EPA
to consider proposing a comprehensive GWP update in the 2022 Data
Quality Improvement Proposal.
\7\ 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.''
\8\ 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. Pe[acute]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.
---------------------------------------------------------------------------
As proposed, we are amending table A-1 to subpart A of part 98 to
update and add chemical-specific and default GWPs. Consistent with the
2021 UNFCCC decision, we are updating table A-1 to use, for GHGs with
GWPs in AR5, the AR5 GWP values in table 8.A.1 (that reflect the
climate-carbon feedbacks of CO<INF>2</INF> but not the GHG whose GWP is
being evaluated), and for CH<INF>4</INF>, the GWP that is not the GWP
for fossil CH<INF>4</INF> in table 8.A.1 (i.e., the GWP for
CH<INF>4</INF> that does not reflect either the climate-carbon
feedbacks for CH<INF>4</INF> or the atmospheric CO<INF>2</INF> that
would result from the oxidation of CH<INF>4</INF> in the atmosphere).
We are also updating table A-1 to adopt AR6 GWP values for 31 F-GHGs
that have GWPs listed in AR6 but not AR5. Table 2 of this preamble
lists the final GWP values for each GHG.
[[Page 31812]]
Table 2--Revised Chemical-Specific GWPs for Compounds in Table A-1
----------------------------------------------------------------------------------------------------------------
Name CAS No. Chemical formula GWP (100-year)
----------------------------------------------------------------------------------------------------------------
Chemical-Specific GWPs
----------------------------------------------------------------------------------------------------------------
Carbon dioxide............................... 124-38-9 CO2........................... 1
Methane...................................... 74-82-8 CH4........................... 28
Nitrous oxide................................ 10024-97-2 N2O........................... 265
----------------------------------------------------------------------------------------------------------------
Fully Fluorinated GHGs
----------------------------------------------------------------------------------------------------------------
Sulfur hexafluoride.......................... 2551-62-4 SF6........................... 23,500
Trifluoromethyl sulphur pentafluoride........ 373-80-8 SF5CF3........................ 17,400
Nitrogen trifluoride......................... 7783-54-2 NF3........................... 16,100
PFC-14 (Perfluoromethane).................... 75-73-0 CF4........................... 6,630
PFC-116 (Perfluoroethane).................... 76-16-4 C2F6.......................... 11,100
PFC-218 (Perfluoropropane)................... 76-19-7 C3F8.......................... 8,900
Perfluorocyclopropane........................ 931-91-9 c-C3F6........................ 9,200
PFC-3-1-10 (Perfluorobutane)................. 355-25-9 C4F10......................... 9,200
PFC-318 (Perfluorocyclobutane)............... 115-25-3 c-C4F8........................ 9,540
Perfluorotetrahydrofuran..................... 773-14-8 c-C4F8O....................... 13,900
PFC-4-1-12 (Perfluoropentane)................ 678-26-2 C5F12......................... 8,550
PFC-5-1-14 (Perfluorohexane, FC-72).......... 355-42-0 C6F14......................... 7,910
PFC-6-1-12................................... 335-57-9 C7F16; CF3(CF2)5CF3........... 7,820
PFC-7-1-18................................... 307-34-6 C8F18; CF3(CF2)6CF3........... 7,620
PFC-9-1-18................................... 306-94-5 C10F18........................ 7,190
PFPMIE (HT-70)............................... NA CF3OCF(CF3)CF2OCF2OCF3........ 9,710
Perfluorodecalin (cis)....................... 60433-11-6 Z-C10F18...................... 7,240
Perfluorodecalin (trans)..................... 60433-12-7 E-C10F18...................... 6,290
Perfluorotriethylamine....................... 359-70-6 N(C2F5)3...................... 10,300
Perfluorotripropylamine...................... 338-83-0 N(CF2CF2CF3)3................. 9,030
Perfluorotributylamine....................... 311-89-7 N(CF2CF2CF2CF3)3.............. 8,490
Perfluorotripentylamine...................... 338-84-1 N(CF2CF2CF2CF2CF3)3........... 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 (-CF2CF2CF2CHFCHF-). 258
octafluorocyclopentane.
HFC-23....................................... 75-46-7 CHF3.......................... 12,400
HFC-32....................................... 75-10-5 CH2F2......................... 677
HFC-125...................................... 354-33-6 C2HF5......................... 3,170
HFC-134...................................... 359-35-3 C2H2F4........................ 1,120
HFC-134a..................................... 811-97-2 CH2FCF3....................... 1,300
HFC-227ca.................................... 220732-84-8 CF3CF2CHF2.................... 2,640
HFC-227ea.................................... 431-89-0 C3HF7......................... 3,350
HFC-236cb.................................... 677-56-5 CH2FCF2CF3.................... 1,210
HFC-236ea.................................... 431-63-0 CHF2CHFCF3.................... 1,330
HFC-236fa.................................... 690-39-1 C3H2F6........................ 8,060
HFC-329p..................................... 375-17-7 CHF2CF2CF2CF3................. 2,360
HFC-43-10mee................................. 138495-42-8 CF3CFHCFHCF2CF3............... 1,650
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluorocarbons (HFCs) With Three or More Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
1,1,2,2,3,3-hexafluorocyclopentane........... 123768-18-3 cyc (-CF2CF2CF2CH2CH2-)....... 120
1,1,2,2,3,3,4-heptafluorocyclopentane........ 1073290-77-4 cyc (-CF2CF2CF2CHFCH2-)....... 231
HFC-41....................................... 593-53-3 CH3F.......................... 116
HFC-143...................................... 430-66-0 C2H3F3........................ 328
HFC-143a..................................... 420-46-2 C2H3F3........................ 4,800
HFC-10732.................................... 624-72-6 CH2FCH2F...................... 16
HFC-10732a................................... 75-37-6 CH3CHF2....................... 138
HFC-161...................................... 353-36-6 CH3CH2F....................... 4
HFC-245ca.................................... 679-86-7 C3H3F5........................ 716
HFC-245cb.................................... 1814-88-6 CF3CF2CH3..................... 4,620
HFC-245ea.................................... 24270-66-4 CHF2CHFCHF2................... 235
HFC-245eb.................................... 431-31-2 CH2FCHFCF3.................... 290
HFC-245fa.................................... 460-73-1 CHF2CH2CF3.................... 858
HFC-263fb.................................... 421-07-8 CH3CH2CF3..................... 76
HFC-272ca.................................... 420-45-1 CH3CF2CH3..................... 144
HFC-365mfc................................... 406-58-6 CH3CF2CH2CF3.................. 804
----------------------------------------------------------------------------------------------------------------
Saturated Hydrofluoroethers (HFEs) and Hydrochlorofluoroethers (HCFEs) With One Carbon-Hydrogen Bond
----------------------------------------------------------------------------------------------------------------
HFE-125...................................... 3822-68-2 CHF2OCF3...................... 12,400
HFE-227ea.................................... 2356-62-9 CF3CHFOCF3.................... 6,450
HFE-329mcc2.................................. 134769-21-4 CF3CF2OCF2CHF2................ 3,070
HFE-329me3................................... 428454-68-6 CF3CFHCF2OCF3................. 4,550
1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2- 3330-15-2 CF3CF2CF2OCHFCF3.............. 6,490
tetrafluoroethoxy)-propane.
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs With Two Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFE-134 (HG-00).............................. 1691-17-4 CHF2OCHF2..................... 5,560
HFE-236ca.................................... 32778-11-3 CHF2OCF2CHF2.................. 4,240
HFE-236ca12 (HG-10).......................... 7807322-47-1 CHF2OCF2OCHF2................. 5,350
HFE-236ea2 (Desflurane)...................... 57041-67-5 CHF2OCHFCF3................... 1,790
HFE-236fa.................................... 20193-67-3 CF3CH2OCF3.................... 979
[[Page 31813]]
HFE-338mcf2.................................. 156053-88-2 CF3CF2OCH2CF3................. 929
HFE-338mmz1.................................. 26103-08-2 CHF2OCH(CF3)2................. 2,620
HFE-338pcc13 (HG-01)......................... 188690-78-0 CHF2OCF2CF2OCHF2.............. 2,910
HFE-43-10pccc (H-Galden 1040x, HG-11)........ E1730133 CHF2OCF2OC2F4OCHF2............ 2,820
HCFE-235ca2 (Enflurane)...................... 13838-16-9 CHF2OCF2CHFCl................. 583
HCFE-235da2 (Isoflurane)..................... 26675-46-7 CHF2OCHClCF3.................. 491
HG-02........................................ 205367-61-9 HF2C-(OCF2CF2)2-OCF2H......... 2,730
HG-03........................................ 173350-37-3 HF2C-(OCF2CF2)3-OCF2H......... 2,850
HG-20........................................ 249932-25-0 HF2C-(OCF2)2-OCF2H............ 5,300
HG-21........................................ 249932-26-1 HF2C-OCF2CF2OCF2OCF2O-CF2H.... 3,890
HG-30........................................ 188690-77-9 HF2C-(OCF2)3-OCF2H............ 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
13,13,15, 15-eicosafluoro-2,5,8,11,14-
Pentaoxapentadecane.
1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane.. 84011-06-3 CHF2CHFOCF3................... 1,240
Trifluoro(fluoromethoxy)methane.............. 2261-01-0 CH2FOCF3...................... 751
----------------------------------------------------------------------------------------------------------------
Saturated HFEs and HCFEs With Three or More Carbon-Hydrogen Bonds
----------------------------------------------------------------------------------------------------------------
HFE-143a..................................... 421-14-7 CH3OCF3....................... 523
HFE-245cb2................................... 22410-44-2 CH3OCF2CF3.................... 654
HFE-245fa1................................... 84011-15-4 CHF2CH2OCF3................... 828
HFE-245fa2................................... 1885-48-9 CHF2OCH2CF3................... 812
HFE-254cb1................................... 425-88-7 CH3OCF2CHF2................... 301
HFE-263fb2................................... 460-43-5 CF3CH2OCH3.................... 1
HFE-263m1; R-E-143a.......................... 690-22-2 CF3OCH2CH3.................... 29
HFE-347mcc3 (HFE-7000)....................... 375-03-1 CH3OCF2CF2CF3................. 530
HFE-347mcf2.................................. 171182-95-9 CF3CF2OCH2CHF2................ 854
HFE-347mmy1.................................. 2200732-84-2 CH3OCF(CF3)2.................. 363
HFE-347mmz1 (Sevoflurane).................... 2807323-86-6 (CF3)2CHOCH2F................. 216
HFE-347pcf2.................................. 406-78-0 CHF2CF2OCH2CF3................ 889
HFE-356mec3.................................. 382-34-3 CH3OCF2CHFCF3................. 387
HFE-356mff2.................................. 333-36-8 CF3CH2OCH2CF3................. 17
HFE-356mmz1.................................. 13171-18-1 (CF3)2CHOCH3.................. 14
HFE-356pcc3.................................. 160620-20-2 CH3OCF2CF2CHF2................ 413
HFE-356pcf2.................................. 50807-77-7 CHF2CH2OCF2CHF2............... 719
HFE-356pcf3.................................. 35042-99-0 CHF2OCH2CF2CHF2............... 446
HFE-365mcf2.................................. 2200732-81-9 CF3CF2OCH2CH3................. 58
HFE-365mcf3.................................. 378-16-5 CF3CF2CH2OCH3................. 0.99
HFE-374pc2................................... 512-51-6 CH3CH2OCF2CHF2................ 627
HFE-449s1 (HFE-7100) Chemical blend.......... 163702-07-6 C4F9OCH3...................... 421
163702-08-7 (CF3)2CFCF2OCH3...............
HFE-569sf2 (HFE-7200) Chemical blend......... 163702-05-4 C4F9OC2H5..................... 57
163702-06-5 (CF3)2CFCF2OC2H5..............
HFE-7300..................................... 132182-92-4 (CF3)2CFCFOC2H5CF2CF2CF3...... 405
HFE-7500..................................... 297730-93-9 n-C3F7CFOC2H5CF(CF3)2......... 13
HG'-01....................................... 73287-23-7 CH3OCF2CF2OCH3................ 222
HG'-02....................................... 485399-46-0 CH3O(CF2CF2O)2CH3............. 236
HG'-03....................................... 485399-48-2 CH3O(CF2CF2O)3CH3............. 221
Difluoro(methoxy)methane..................... 359-15-9 CH3OCHF2...................... 144
2-Chloro-1,1,2-trifluoro-1-methoxyethane..... 425-87-6 CH3OCF2CHFCl.................. 122
1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane.... 22052-86-4 CF3CF2CF2OCH2CH3.............. 61
2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5- 920979-28-8 C12H5F19O2.................... 56
bis[1,2,2,2-tetrafluoro-1-
(trifluoromethyl)ethyl]-furan.
1-Ethoxy-1,1,2,3,3,3-hexafluoropropane....... 380-34-7 CF3CHFCF2OCH2CH3.............. 23
Fluoro(methoxy)methane....................... 460-22-0 CH3OCH2F...................... 13
1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 60598-17-6 CHF2CF2CH2OCH3................ 0.49
2,2,3,3-tetrafluoropropyl ether.
1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane.. 37031-31-5 CH2FOCF2CF2H.................. 871
Difluoro(fluoromethoxy)methane............... 461-63-2 CH2FOCHF2..................... 617
Fluoro(fluoromethoxy)methane................. 462-51-1 CH2FOCH2F..................... 130
----------------------------------------------------------------------------------------------------------------
Saturated Chlorofluorocarbons (CFCs)
----------------------------------------------------------------------------------------------------------------
E-R316c...................................... 3832-15-3 trans-cyc (-CClFCF2CF2CClF-).. 4,230
Z-R316c...................................... 3934-26-7 cis-cyc (-CClFCF2CF2CClF-).... 5,660
----------------------------------------------------------------------------------------------------------------
Fluorinated Formates
----------------------------------------------------------------------------------------------------------------
Trifluoromethyl formate...................... 85358-65-2 HCOOCF3....................... 588
Perfluoroethyl formate....................... 313064-40-3 HCOOCF2CF3.................... 580
1,2,2,2-Tetrafluoroethyl formate............. 481631-19-0 HCOOCHFCF3.................... 470
Perfluorobutyl formate....................... 197218-56-7 HCOOCF2CF2CF2CF3.............. 392
Perfluoropropyl formate...................... 271257-42-2 HCOOCF2CF2CF3................. 376
1,1,1,3,3,3-Hexafluoropropan-2-yl formate.... 856766-70-6 HCOOCH(CF3)2.................. 333
2,2,2-Trifluoroethyl formate................. 32042-38-9 HCOOCH2CF3.................... 33
3,3,3-Trifluoropropyl formate................ 1344118-09-7 HCOOCH2CH2CF3................. 17
----------------------------------------------------------------------------------------------------------------
Fluorinated Acetates
----------------------------------------------------------------------------------------------------------------
Methyl 2,2,2-trifluoroacetate................ 431-47-0 CF3COOCH3..................... 52
1,1-Difluoroethyl 2,2,2-trifluoroacetate..... 1344118-13-3 CF3COOCF2CH3.................. 31
Difluoromethyl 2,2,2-trifluoroacetate........ 2024-86-4 CF3COOCHF2.................... 27
[[Page 31814]]
2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate.. 407-38-5 CF3COOCH2CF3.................. 7
Methyl 2,2-difluoroacetate................... 433-53-4 HCF2COOCH3.................... 3
Perfluoroethyl acetate....................... 343269-97-6 CH3COOCF2CF3.................. 2
Trifluoromethyl acetate...................... 74123-20-9 CH3COOCF3..................... 2
Perfluoropropyl acetate...................... 1344118-10-0 CH3COOCF2CF2CF3............... 2
Perfluorobutyl acetate....................... 209597-28-4 CH3COOCF2CF2CF2CF3............ 2
Ethyl 2,2,2-trifluoroacetate................. 383-63-1 CF3COOCH2CH3.................. 1
----------------------------------------------------------------------------------------------------------------
Carbonofluoridates
----------------------------------------------------------------------------------------------------------------
Methyl carbonofluoridate..................... 1538-06-3 FCOOCH3....................... 95
1,1-Difluoroethyl carbonofluoridate.......... 1344118-11-1 FCOOCF2CH3.................... 27
----------------------------------------------------------------------------------------------------------------
Fluorinated Alcohols Other Than Fluorotelomer Alcohols
----------------------------------------------------------------------------------------------------------------
Bis(trifluoromethyl)-methanol................ 920-66-1 (CF3)2CHOH.................... 182
2,2,3,3,4,4,5,5-Octafluorocyclopentanol...... 16621-87-7 cyc (-(CF2)4CH(OH)-).......... 13
2,2,3,3,3-Pentafluoropropanol................ 422-05-9 CF3CF2CH2OH................... 19
2,2,3,3,4,4,4-Heptafluorobutan-1-ol.......... 375-01-9 C3F7CH2OH..................... 34
2,2,2-Trifluoroethanol....................... 75-89-8 CF3CH2OH...................... 20
2,2,3,4,4,4-Hexafluoro-1-butanol............. 382-31-0 CF3CHFCF2CH2OH................ 17
2,2,3,3-Tetrafluoro-1-propanol............... 76-37-9 CHF2CF2CH2OH.................. 13
2,2-Difluoroethanol.......................... 359-13-7 CHF2CH2OH..................... 3
2-Fluoroethanol.............................. 371-62-0 CH2FCH2OH..................... 1.1
4,4,4-Trifluorobutan-1-ol.................... 461-18-7 CF3(CH2)2CH2OH................ 0.05
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Perfluorocarbons (PFCs)
----------------------------------------------------------------------------------------------------------------
PFC-1114; TFE................................ 116-14-3 CF2=CF2; C2F4................. 0.004
PFC-1216; Dyneon HFP......................... 116-15-4 C3F6; CF3CF=CF2............... 0.05
Perfluorobut-2-ene........................... 360-89-4 CF3CF=CFCF3................... 1.82
Perfluorobut-1-ene........................... 357-26-6 CF3CF2CF=CF2.................. 0.10
Perfluorobuta-1,3-diene...................... 685-63-2 CF2=CFCF=CF2.................. 0.003
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Hydrofluorocarbons (HFCs) and Hydrochlorofluorocarbons (HCFCs)
----------------------------------------------------------------------------------------------------------------
HFC-1132a; VF2............................... 75-38-7 C2H2F2, CF2=CH2............... 0.04
HFC-1141; VF................................. 75-02-5 C2H3F, CH2=CHF................ 0.02
(E)-HFC-1225ye............................... 5595-10-8 CF3CF=CHF(E).................. 0.06
(Z)-HFC-1225ye............................... 507328-43-8 CF3CF=CHF(Z).................. 0.22
Solstice 1233zd(E)........................... 102687-65-0 C3H2ClF3; CHCl=CHCF3.......... 1.34
HCFO-1233zd(Z)............................... 99728-16-2 (Z)-CF3CH=CHCl................ 0.45
HFC-1234yf; HFO-1234yf....................... 754-12-1 C3H2F4; CF3CF=CH2............. 0.31
HFC-1234ze(E)................................ 1645-83-6 C3H2F4; trans-CF3CH=CHF....... 0.97
HFC-1234ze(Z)................................ 29118-25-0 C3H2F4; cis-CF3CH=CHF; 0.29
CF3CH=CHF.
HFC-1243zf; TFP.............................. 677-21-4 C3H3F3, CF3CH=CH2............. 0.12
(Z)-HFC-1336................................. 692-49-9 CF3CH=CHCF3(Z)................ 1.58
HFO-1336mzz(E)............................... 66711-86-2 (E)-CF3CH=CHCF3............... 18
HFC-1345zfc.................................. 374-27-6 C2F5CH=CH2.................... 0.09
HFO-1123..................................... 359-11-5 CHF=CF2....................... 0.005
HFO-1438ezy(E)............................... 14149-41-8 (E)-(CF3)2CFCH=CHF............ 8.2
HFO-1447fz................................... 355-08-8 CF3(CF2)2CH=CH2............... 0.24
Capstone 42-U................................ 19430-93-4 C6H3F9, CF3(CF2)3CH=CH2....... 0.16
Capstone 62-U................................ 2073291-17-2 C8H3F13, CF3(CF2)5CH=CH2...... 0.11
Capstone 82-U................................ 2160732-58-4 C10H3F17, CF3(CF2)7CH=CH2..... 0.09
(e)-1-chloro-2-fluoroethene.................. 460-16-2 (E)-CHCl=CHF.................. 0.004
3,3,3-trifluoro-2-(trifluoromethyl)prop-1-ene 382-10-5 (CF3)2C=CH2................... 0.38
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated CFCs
----------------------------------------------------------------------------------------------------------------
CFC-1112..................................... 598-88-9 CClF=CClF..................... 0.13
CFC-1112a.................................... 79-35-6 CCl2=CF2...................... 0.021
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Halogenated Ethers
----------------------------------------------------------------------------------------------------------------
PMVE; HFE-216................................ 1187-93-5 CF3OCF=CF2.................... 0.17
Fluoroxene................................... 406-90-6 CF3CH2OCH=CH2................. 0.05
Methyl-perfluoroheptene-ethers............... N/A CH3OC7F13..................... 15
----------------------------------------------------------------------------------------------------------------
Non-Cyclic, Unsaturated Halogenated Esters
----------------------------------------------------------------------------------------------------------------
Ethenyl 2,2,2-trifluoroacetate............... 433-28-3 CF3COOCH=CH2.................. 0.008
Prop-2-enyl 2,2,2-trifluoroacetate........... 383-67-5 CF3COOCH2CH=CH2............... 0.007
----------------------------------------------------------------------------------------------------------------
Cyclic, Unsaturated HFCs and PFCs
----------------------------------------------------------------------------------------------------------------
PFC C-1418................................... 559-40-0 c-C5F8........................ 2
Hexafluorocyclobutene........................ 697-11-0 cyc (-CF=CFCF2CF2-)........... 126
1,3,3,4,4,5,5-heptafluorocyclopentene........ 1892-03-1 cyc (-CF2CF2CF2CF=CH-)........ 45
1,3,3,4,4-pentafluorocyclobutene............. 374-31-2 cyc (-CH=CFCF2CF2-)........... 92
3,3,4,4-tetrafluorocyclobutene............... 2714-38-7 cyc (-CH=CHCF2CF2-)........... 26
----------------------------------------------------------------------------------------------------------------
[[Page 31815]]
Fluorinated Aldehydes
----------------------------------------------------------------------------------------------------------------
3,3,3-Trifluoro-propanal..................... 460-40-2 CF3CH2CHO..................... 0.01
----------------------------------------------------------------------------------------------------------------
Fluorinated Ketones
----------------------------------------------------------------------------------------------------------------
Novec 1230 (perfluoro (2-methyl-3-pentanone)) 756-13-8 CF3CF2C(O)CF(CF3)2............ 0.1
1,1,1-trifluoropropan-2-one.................. 421-50-1 CF3COCH3...................... 0.09
1,1,1-trifluorobutan-2-one................... 381-88-4 CF3COCH2CH3................... 0.095
----------------------------------------------------------------------------------------------------------------
Fluorotelomer
----------------------------------------------------------------------------------------------------------------
3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol 185689-57-0 CF3(CF2)4CH2CH2OH............. 0.43
3,3,3-Trifluoropropan-1-ol................... 2240-88-2 CF3CH2CH2OH................... 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
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............. 0.19
Nonadecafluoroundecan-1-ol.
----------------------------------------------------------------------------------------------------------------
Fluorinated GHGs With Carbon-Iodine Bond(s)
----------------------------------------------------------------------------------------------------------------
Trifluoroiodomethane......................... 2314-97-8 CF3I.......................... 0.4
----------------------------------------------------------------------------------------------------------------
Remaining Fluorinated GHGs with Chemical-Specific GWPs
----------------------------------------------------------------------------------------------------------------
Dibromodifluoromethane (Halon 1202).......... 75-61-6 CBr2F2........................ 231
2-Bromo-2-chloro-1,1,1-trifluoroethane (Halon- 151-67-7 CHBrClCF3..................... 41
2311/Halothane).
Heptafluoroisobutyronitrile.................. 42532-60-5 (CF3)2CFCN.................... 2,750
Carbonyl fluoride............................ 353-50-4 COF2.......................... 0.14
----------------------------------------------------------------------------------------------------------------
As proposed, we are also amending table A-1 to subpart A of part 98
to revise the default GWPs. We are modifying the default GWP groups to
add a group for saturated CFCs and a group for cyclic forms of
unsaturated halogenated compounds. Based on the numerical differences
between the GWP for cyclic unsaturated halogenated compounds and non-
cyclic unsaturated halogenated compounds, we are also modifying the
ninth F-GHG group to reflect non-cyclic forms of unsaturated
halogenated compounds. The amendments update the default GWPs of each
group based on the average of the updated chemical-specific GWPs
(adopted from either the IPCC AR5 or AR6) for the compounds that belong
to that group. We are also finalizing our proposal to rename the
fluorinated GHG group ``Other fluorinated GHGs'' to ``Remaining
fluorinated GHGs.'' The new and revised fluorinated GHG groups and
their new and revised GWPs are listed in table 3 of this preamble.
Table 3--Fluorinated GHG Groups and Default GWPs for Table A-1
------------------------------------------------------------------------
Fluorinated GHG group GWP (100-year)
------------------------------------------------------------------------
Fully fluorinated GHGs.................... 9,200
Saturated hydrofluorocarbons (HFCs) with 3,000
two or fewer carbon-hydrogen bonds.
Saturated HFCs with three or more carbon- 840
hydrogen bonds.
Saturated hydrofluoroethers (HFEs) and 6,600
hydrochlorofluoroethers (HCFEs) with one
carbon-hydrogen bond.
Saturated HFEs and HCFEs with two carbon- 2,900
hydrogen bonds.
Saturated HFEs and HCFEs with three or 320
more carbon-hydrogen bonds.
Saturated chlorofluorocarbons (CFCs)...... 4,900
Fluorinated formates...................... 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.
Fluorinated acetates, carbonofluoridates, 25
and fluorinated alcohols other than
fluorotelomer alcohols.
Fluorinated aldehydes, fluorinated 1
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.
Fluorotelomer alcohols.................... 1
Fluorinated GHGs with carbon-iodine 1
bond(s).
Remaining fluorinated GHGs................ 1,800
------------------------------------------------------------------------
b. Other Revisions To Improve the Quality of Data Collected for Subpart
A
The EPA is finalizing several revisions to improve the quality of
data collected for subpart A as proposed. In some cases, we are
finalizing the proposed amendments with revisions. First, we are
clarifying in 40 CFR 98.2(i)(1) and (2), as proposed, that the
provision to allow cessation of reporting or ``off-ramping,'' due to
meeting either the 15,000 mtCO<INF>2</INF>e level or the 25,000
mtCO<INF>2</INF>e level for the number of years specified in 40 CFR
98.2(i), is based on the CO<INF>2</INF>e reported, calculated in
accordance with 40 CFR 98.3(c)(4)(i) (i.e., the annual emissions report
value as specified in that provision). The final amendments also
clarify that after an
[[Page 31816]]
owner or operator off-ramps, the owner or operator must use equation A-
1 to subpart A and follow the requirements of 40 CFR 98.2(b)(4) (the
emission estimation methods used for determination of applicability) in
subsequent years to determine if emissions exceed the 25,000
mtCO<INF>2</INF>e applicability threshold and whether the facility or
supplier must resume reporting.
Additionally, the EPA is amending 40 CFR 98.2(f)(1) and adding new
paragraph (k) as proposed to clarify the calculation of GHG quantities
for comparison to the 25,000 mtCO<INF>2</INF>e threshold for importers
and exporters of industrial greenhouse gases. The final amendments to
40 CFR 98.2(f)(1) state that importers and exporters must include the
F-HTFs that are imported or exported during the year. New paragraph (k)
specifies how to calculate the quantities of F-GHGs and F-HTFs
destroyed for purposes of comparing them to the 25,000
mtCO<INF>2</INF>e threshold for stand-alone industrial F-GHG or F-HTF
destruction facilities. The EPA is also finalizing as proposed
revisions to 40 CFR 98.3(h)(4) to limit the total number of days a
reporter can request to extend the time period for resolving a
substantive error, either by submitting a revised report or providing
information demonstrating that the previously submitted report does not
contain the substantive error, to 180 days. Specifically, the
Administrator will only approve extension requests for a total of 180
days from the initial notification of a substantive error. See section
III.A.1. of the preamble to the 2022 Data Quality Improvements Proposal
for additional information on these revisions and their supporting
basis.
We are finalizing minor clarifications to the reporting and special
provisions for best available monitoring methods in 40 CFR 98.3(k) and
(l) as proposed, which apply to owners or operators of facilities or
suppliers that first become subject to any subpart of part 98 due to
amendment(s) to table A-1 to subpart A. The final requirements revise
the term ``published'' to add ``in the Federal Register as a final
rulemaking'' to clarify the EPA's intent that the requirements apply to
facilities or suppliers that are first subject to the GHGRP in the year
after the year the GWP is published as part of a final rule.
The EPA is finalizing an additional edit to subpart A to the
electronic reporting provisions of 40 CFR 98.5(b). The revisions
clarify that 40 CFR 98.5(b) applies to any data that is specified as
verification software records in a subpart's applicable recordkeeping
section.
The EPA is finalizing several revisions to subpart A to incorporate
new and revised source categories. We are revising tables A-3 and A-4
to subpart A to clarify the reporting applicability for facilities
included in the new source categories of coke calcining; ceramics
manufacturing; calcium carbide production; caprolactam, glyoxal, and
glyoxylic acid production; and facilities conducting geologic
sequestration of carbon dioxide with enhanced oil recovery. We are
revising table A-3 to subpart A to add new subparts that are ``all-in''
source categories, including subpart VV (Geologic Sequestration of
Carbon Dioxide with Enhanced Oil Recovery Using ISO 27916) (section
III.AA. of this preamble), subpart WW (Coke Calciners) (section III.BB.
of this preamble), subpart XX (Calcium Carbide Production) (section
III.CC. of this preamble), and subpart YY (Caprolactam, Glyoxal, and
Glyoxylic Acid Production) (section III.DD. of this preamble). We are
revising table A-4 to add new subpart ZZ (Ceramics Manufacturing) and
assign a threshold of 25,000 mtCO<INF>2</INF>e, as proposed. As
discussed in section III.EE. of this preamble, subpart ZZ to part 98
applies to certain ceramics manufacturing processes that exceed a
minimum production level (i.e., annually consume at least 2,000 tons of
carbonates, either as raw materials or as a constituent in clay, heated
to a temperature sufficient to allow the calcination reaction to occur)
and that exceed the 25,000 mtCO<INF>2</INF>e threshold. The revisions
to tables A-3 and A-4 to subpart A clarify that these new source
categories apply in RY2025 and future years.
The EPA is finalizing several revisions to defined terms in 40 CFR
98.6 as proposed to provide further clarity. These revisions to
definitions include:
<bullet> Revising the definition of ``bulk'' to clarify that the
import and export of gas includes small containers and does not exclude
a minimum container size below which reporting will not be required
(except for small shipments (i.e., those including less than 25
kilograms)), and to align with the definition of ``bulk'' under the
American Innovation and Manufacturing Act of 2020 (AIM) regulations at
40 CFR part 84.
<bullet> Revising the definition of ``greenhouse gas or GHG'' to
clarify the treatment of fluorinated greenhouse gases by removing the
partial list of fluorinated GHGs currently included in the definition
and to simply refer to the definition of ``fluorinated greenhouse gas
(GHG).''
<bullet> Adding 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'' to avoid
redundancy and potential confusion between the definitions of
``greenhouse gas'' and ``fluorinated greenhouse gas.''
<bullet> Consistent with the revisions of the fluorinated GHG
groups used to assign default GWPs discussed in section III.A.1.a. of
this preamble, adding a definition of ``cyclic'' as it applies to
molecular structures of various fluorinated GHGs; adding definitions of
``unsaturated chlorofluorocarbons (CFCs),'' ``saturated
chlorofluorocarbons (CFCs),'' ``unsaturated bromofluorocarbons
(BFCs),'' ``unsaturated bromochlorofluorocarbons (BCFCs),''
``unsaturated hydrobromofluorocarbons (HBFCs),'' and ``unsaturated
hydrobromochlorofluorocarbons (HBCFCs)''; and revising the definition
of ``fluorinated greenhouse (GHG) group'' to include the new and
revised groups.
<bullet> Revising the term ``other fluorinated GHGs'' to
``remaining fluorinated GHGs'' and to revise the definition of the term
to reflect the new and revised fluorinated GHG groups discussed in
section III.A.1.a. of this preamble.
<bullet> Revising the definition of ``fluorinated heat transfer
fluids'' and moving it from 40 CFR 98.98 to 98.6 to harmonize with
changes to subpart OO of part 98 (Suppliers of Industrial Greenhouse
Gases) (see section III.U. of this preamble). The revised definition
(1) explicitly includes industries other than electronics
manufacturing, and (2) excludes most HFCs which are widely used as heat
transfer fluids outside of electronics manufacturing and are regulated
under the AIM regulations at 40 CFR part 84.
<bullet> Consistent with final revisions to subpart PP (Suppliers
of Carbon Dioxide) (see section III.V. of this preamble), we are
finalizing revisions to 40 CFR 98.6 to add a definition for ``Direct
air capture'' and to amend the definition of ``Carbon dioxide stream.''
The EPA is making one revision to the definitions in the final rule
from proposed to correct the definition of ``ASTM''. This change
updates the definition to include the current name of the standards
organization, ``ASTM, International''.
Consistent with final revisions to subparts Q (Iron and Steel
Production), VV (Geologic Sequestration of Carbon Dioxide with Enhanced
Oil Recovery Using ISO 27916), WW (Coke Calciners), and XX (Calcium
Carbide Production), we are finalizing revisions to 40 CFR
[[Page 31817]]
98.7 to incorporate by reference ASTM International (ASTM) E415-17,
Standard Test Method for Analysis of Carbon and Low-Alloy Steel by
Spark Atomic Emission Spectrometry (2017) (subpart Q); CSA/ANSI ISO
27916:19, Carbon dioxide capture, transportation and geological
storage--Carbon dioxide storage using enhanced oil recovery
(CO<INF>2</INF>-EOR) (2019) (subpart VV) (as proposed in the 2023
Supplemental Proposal); ASTM D3176-15 Standard Practice for Ultimate
Analysis of Coal and Coke (2015), ASTM D5291-16 Standard Test Methods
for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in
Petroleum Products and Lubricants (2016), 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 (2021),
and NIST HB 44-2023: Specifications, Tolerances, and Other Technical
Requirements For Weighing and Measuring Devices, 2023 edition (subpart
WW); and ASTM D5373-08 Standard Test Methods for Instrumental
Determination of Carbon, Hydrogen, and Nitrogen in Laboratory Samples
of Coal (2008) and ASTM C25-06, Standard Test Methods for Chemical
Analysis of Limestone, Quicklime, and Hydrated Lime (2006) (subpart
XX). The EPA has revised the regulatory text of 40 CFR 98.7 from
proposal to incorporate these revisions and to reorganize the existing
referenced ASTM standards in alphanumeric order.
The EPA is not finalizing proposed amendments to subpart A from the
2022 Data Quality Improvements Proposal that correlate with proposed
amendments to subpart W of part 98 (Petroleum and Natural Gas Systems)
from the 2022 Data Quality Improvements Proposal in this action. As
noted in section I.C. of this preamble, the EPA has issued a subsequent
proposed rule for subpart W on August 1, 2023, and has reproposed
related amendments to subpart A in that action. Additionally, the EPA
is not taking final action at this time on proposed amendments to
subpart A from the 2023 Supplemental Proposal that were proposed
harmonizing revisions intended to integrate proposed subpart B (Energy
Consumption), including proposed reporting and recordkeeping under 40
CFR 98.2(a)(1), 98.3(c)(4), and 98.3(g)(5). Finally, we are not taking
final action, at this time, on proposed amendments to 40 CFR 98.7 to
incorporate by reference standards for electric metering. As discussed
in section III.B. of this document, the EPA is not taking final action
on subpart B at this time.
c. Revisions To Streamline and Improve Implementation for Subpart A
The EPA is finalizing several revisions to subpart A proposed in
the 2022 Data Quality Improvements Proposal that will streamline and
improve implementation for part 98. First, we are revising tables A-3
and table A-4 to subpart A to revise the applicability of subparts DD
(Electrical Transmission and Distribution Equipment Use) and SS
(Electrical Equipment Manufacture of Refurbishment) of part 98 as
proposed. For subpart DD, the final revisions to table A-3 change the
threshold such that facilities must account for the total estimated
emissions from F-GHGs, as determined under 40 CFR 98.301 (subpart DD),
for comparison to a threshold equivalent to 25,000 mtCO<INF>2</INF>e or
more per year. We are also moving subpart SS from table A-3 to table A-
4 to subpart A and specifying that subpart SS facilities must account
for emissions of F-GHGs, as determined under the requirements of 40 CFR
98.451 (subpart SS), for comparison to a threshold equivalent to 25,000
mtCO<INF>2</INF>e or more per year. The final rule updates the
threshold of subparts DD and SS to be consistent with the threshold set
for the majority of subparts under part 98, and accounts for additional
fluorinated gases (including F-GHG mixtures) reported by industry. For
subpart DD, these final changes also focus Agency resources on the
substantial emission sources within the sector by excluding facilities
or operations that may report emissions that are consistently and
substantially below 25,000 mtCO<INF>2</INF>e per year. See sections
III.Q. and III.Y. of this preamble for additional information.
2. Summary of Comments and Responses on Subpart A
This section summarizes the major comments and responses related to
the proposed amendments to subpart A. See the document ``Summary of
Public Comments and Responses for 2024 Final Revisions and
Confidentiality Determinations for Data Elements under the Greenhouse
Gas Reporting Rule'' in Docket ID. No. EPA-HQ-OAR-2019-0424 for a
complete listing of all comments and responses related to subpart A.
a. Comments on Revisions To Global Warming Potentials
Comment: Several commenters supported the proposed revisions to
table A-1 to subpart A to update the GWP values to use values from
table 8.A.1 from the IPCC AR5, and for certain GHGs without GWP values
listed in AR5, to adopt values from the IPCC AR6. Commenters remarked
that the updates to the GWP values will be more accurate, align with
UNFCCC guidance and the Inventory, and provide consistency to reporters
who may also report under various voluntary standards, such as the GHG
Protocol or Sustainability Accounting Standards Board.
Some commenters requested that the EPA clarify the effects of
changing the GWP (particularly for CH<INF>4</INF>) on the reported
total CO<INF>2</INF>e emissions, despite any actual change in mass
emissions. The commenters asserted that it is important to inform
stakeholders that future increases in CO<INF>2</INF>e emissions due to
the change in GWP are not reflective of any actual mass emission
increases and may obscure decreases in annual mass emissions. The
commenters also recommended that the EPA acknowledge how combustion
CO<INF>2</INF>e emissions will be affected.
Response: In the final rule, the EPA is finalizing its proposal (in
the 2023 Supplemental Proposal) to adopt the 100-year GWPs from AR5,
and for certain GHGs without GWPs listed in AR5, to adopt values from
AR6. Regarding the commenters' concern that the change in GWPs may
result in apparent, but not real, upward or downward trends in the
data, the EPA has always published emissions using consistent GWPs for
every year and will continue to do so. Prior to publication, the EPA
updates all reported CO<INF>2</INF>e values to reflect the current GWP
values in table A-1 to subpart A of part 98. The CO<INF>2</INF>e
published by the EPA are based on the same GWP values across all
reporting years. Hence, there will be no apparent upward or downward
trend in emissions that are due only to a change in a GWP value.
Comment: A number of commenters supported the continued use of a
100-year GWP; one commenter stated that the 100-year GWP is consistent
with Article 2 of the UNFCCC and that any movement to a framework that
reduces the mitigation focus on CO<INF>2</INF> emissions and adds to
long-term warming potential compared to the 100-year GWP framework
would not be well justified. Several commenters specifically commented
on the proposed GWP for CH<INF>4</INF>; a number of commenters
generally supported revising the CH<INF>4</INF> GWP value from 25 to 28
using the 100-year GWP. Other commenters recommended that the EPA
consider incorporating GWP values on multiple time horizons in the
reporting requirement, or when publicizing reported emissions. One
[[Page 31818]]
commenter stated that the 100-year GWP does not capture the near-term
potency of short-lived gases like methane and hydrogen and is
insufficient to reflect a pollutant's warming power over time.
Commenters requested that the EPA incorporate the use of additional
time horizons, such as the 20-year GWP, to acknowledge the near-term
warming potency of short-lived gases such as CH<INF>4</INF>, because
they play a critical role in driving the rate of warming for the near
future. Commenters argued that the 20-year GWP more accurately
represents the powerful, short-term impact of methane on the
atmosphere. Commenters noted that this would also align with several
state regulatory programs, including California, New York, and New
Jersey, that currently consider 20-year GWPs. Commenters stressed that
adopting short-lived climate pollutant strategies and emissions
controls to limit near-term warming is critical from a policy
perspective and directly relevant to the EPA's efforts under the Clean
Air Act. Commenters also requested that historic inventories be updated
to reflect the role that short-lived climate pollutants play and to
demonstrate that near-term CH<INF>4</INF> emissions reductions are as
important as long-term CO<INF>2</INF> reductions.
Response: As has been the case since the inception of the GHGRP, we
are finalizing 100-year GWPs for all GHGs. As noted in the ``Response
to Comments on Final Rule, Volume 3: General Monitoring Approach, the
Need for Detailed Reporting, and Other General Rationale Comments''
(see Docket ID. No. EPA-HQ-OAR-2008-0508-2260), the EPA selected the
100-year GWPs because these values are the internationally accepted
standard for reporting GHG emissions. For example, the parties to the
UNFCCC agreed to use GWPs that are based on a 100-year time period for
preparing national inventories, and the reports submitted by other
signatories to the UNFCCC use GWPs based on a 100-year time period,
including the GWP for CH<INF>4</INF> and certain GHGs identified as
short-lived climate pollutants. These values were subsequently adopted
and used in multiple EPA climate initiatives, including the EPA's
Significant New Alternatives Policy (SNAP) program and the Inventory,
as well as EPA voluntary reduction partnerships (e.g., Natural Gas
STAR). Human-influenced climate change occurs on both short (decadal)
and long (millennial) time scales. While there is no single best way to
value both short- and long-term impacts in a single metric, the 100-
year GWP is a reasonable approach that has been widely accepted by the
international community. If the EPA were to adopt a 20-year GWP solely
for CH<INF>4</INF>, or for certain other compounds, it would introduce
a metric that is inconsistent with both the GWPs used for the remaining
table A-1 gases and with the reporting guidelines issued by the UNFCCC
and used by the Inventory and other EPA programs. Additionally, the EPA
and other Federal agencies, which calculate the impact of short-lived
GHGs using 100-year GWPs, are making reduction of short-lived GHGs a
priority, such as through the U.S. Global Methane Initiative. In
addition, it is beneficial for both regulatory agencies and industry to
use the same GWP values for these GHG compounds because it allows for
more efficient review of data collected through the GHGRP and other
U.S. climate programs, reduces potential errors that may arise when
comparing multiple data sets or converting GHG emissions or supply
based on separate GWPs, and reduces the burden for reporters and
agencies to keep track of separate GWPs. For the reasons described
above, the EPA is retaining a 100-year time horizon as the standard
metric for defining GWPs in the GHGRP.
b. Comments on Other Revisions To Improve the Quality of Data Collected
for Subpart A
Comment: Several commenters opposed the EPA's proposed revisions to
40 CFR 98.3(h)(4) to limit the total number of days a reporter can
request to extend the time period for resolving a substantive error,
either by submitting a revised report or providing information
demonstrating that the previously submitted report does not contain the
substantive error, to 180 days. Commenters requested that the Agency
not put an inflexible cap on the number of days to resolve reporting
issues; the commenters asserted that the extensions can be helpful for
newly affected sources, when there is a change in facility ownership,
and in other situations. One commenter stated that the proposed
revision may result in arbitrarily short time-periods in which an
operator may correct an error, especially in cases where the correction
may not be accepted. The commenter contended that the EPA must add
additional language to clarify that the 180-day limit will restart if
the correction is not accepted. Commenters also requested that the EPA
increase the limit of the total number of days a reporter can request
an extension beyond the proposed 180 days to provide reporters more
time to work through the new provisions in the program. One commenter
requested the EPA restart the 180-day extension request opportunity for
each instance in which an operator is notified of a substantive error
or rejected correction (e.g., if a correction is rejected, if
additional corrections are requested, if corrections span more than one
reporting year, or if EPA responses to operator questions are delayed).
Response: The EPA expects that 180 days is a reasonable amount of
time for a facility to examine company records, gather additional data,
and/or perform recalculations to submit a revised report or provide the
necessary information such that the report may be verified. This
represents more than four 30-day additional extensions beyond the
initial 45-day period. As noted in the preamble to the final rule
promulgated on October 30, 2009 (74 FR 52620, hereafter referred to as
the ``2009 Final Rule''), the EPA concluded that this initial 45-day
period would be sufficient since facilities have three months from the
end of a reporting period to submit the initial annual report and have
already collected and retained data needed for the analyses, so
revisions to address a known error would likely require less time (see
74 FR 56278). A subsequent series of extensions of up to an additional
135 days is a reasonable amount of time to accommodate any additional
changes that may be needed to the revision.
B. Subpart B--Energy Consumption
The EPA is not taking final action on the proposed addition of
subpart B of part 98 (Energy Consumption) in this final rule. The EPA
received a number of comments for proposed subpart B. See the document
``Summary of Public Comments and Responses for 2024 Final Revisions and
Confidentiality Determinations for Data Elements under the Greenhouse
Gas Reporting Rule'' in Docket ID. No. EPA-HQ-OAR-2019-0424 for a
complete listing of all comments and responses related to proposed
subpart B.
In the 2022 Data Quality Improvements Proposal, the EPA requested
comment on collecting data on energy consumption in order to improve
the quality of the data collected under the GHGRP. Specifically, we
provided background on the EPA's original request for comment on the
collection of data related to electricity consumption in the
development of part 98 and the EPA's response in the 2009 Final Rule,
and requested comment on whether and how the EPA should collect energy
consumption data in order to support data analyses related to informing
voluntary energy efficiency
[[Page 31819]]
programs, provide information on industrial sectors where currently
little data are reported to GHGRP, and inform quality assurance/quality
control (QA/QC) of the Inventory. We requested comment on specific
considerations for the potential addition of the energy consumption
source category (see section IV.F. of the preamble to the 2022 Data
Quality Improvements Proposal for additional information).
Following consideration of comments received in response to the
EPA's request for comment, we subsequently proposed, in the 2023
Supplemental Proposal, the addition of subpart B to part 98. At that
time, we reiterated our interest 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 on-site 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. The proposed
rule included specific monitoring and reporting requirements for direct
emitting facilities that report under part 98 and purchase metered
electricity or metered thermal energy products. In the proposed rule,
the EPA outlined a source category definition, rationale for the
proposed applicability of the subpart to direct emitting facilities in
lieu of a threshold, and specific monitoring, missing data,
recordkeeping, and reporting requirements. The EPA did not propose
requirements for facilities to calculate or report indirect emissions
estimates associated with purchased metered electricity or metered
thermal energy products. Additional information on the proposed
amendments is available in the preamble to the 2023 Supplemental
Proposal.
In response to the 2022 Data Quality Improvements Proposal and the
2023 Supplemental Proposal, the EPA received many comments on the
proposed subpart from a variety of stakeholders providing input on the
definition, applicability criteria, monitoring, reporting,
recordkeeping, and additional requirements of the source category, as
proposed, as well as a number of comments on the EPA's authority to
collect the energy consumption data proposed under subpart B. The EPA
is not taking final action on proposed subpart B at this time. The EPA
intends to further review and consider these comments and other
relevant information and may consider any next steps on the collection
of data related to energy consumption in a future rulemaking.
Therefore, none of the proposed requirements related to subpart B are
included in this final rule. The EPA is also not taking final action on
related amendments to subpart A (General Provisions) of part 98 that
were proposed harmonizing changes for the implementation subpart B,
including reporting requirements, as discussed in section III.A.1.b. of
this preamble.
C. Subpart C--General Stationary Fuel Combustion
The EPA is finalizing several amendments to subpart C of part 98
(General Stationary Fuel Combustion) as proposed. In some cases, we are
finalizing the proposed amendments with revisions. In other cases, we
are not taking final action on the proposed amendments. Section
III.C.1. of this preamble discusses the final revisions to subpart C.
The EPA received several comments on the proposed subpart C revisions
which are discussed in section III.C.2. of this preamble. We are also
finalizing as proposed confidentiality determinations for new data
elements resulting from the final revisions to subpart C, as described
in section VI. of this preamble.
1. Summary of Final Amendments to Subpart C
This section summarizes the final amendments to subpart C. Major
changes to the final rule as compared to the proposed revisions are
identified in this section. The rationale for these and any other
changes to 40 CFR part 98, subpart C can be found in this section and
section III.C.2. of this preamble. Additional rationale for these
amendments is available in the preamble to the 2022 Data Quality
Improvements Proposal and 2023 Supplemental Proposal.
a. Revisions To Improve the Quality of Data Collected for Subpart C
The EPA is finalizing several revisions to improve the quality of
data collected for subpart C. First, the EPA is finalizing
modifications to the Tier 3 calculation methodology, including
revisions to 40 CFR 98.33(a)(3)(iii) to provide new equations C-5A and
C-5B, as proposed. The updated equations provide for calculating a
weighted annual average carbon content and a weighted annual average
molecular weight, respectively, and correct the calculation method for
Tier 3 gaseous fuels. The new equations incorporate the molar volume
conversion factor at standard conditions (as defined at 40 CFR 98.6)
and, for annual average carbon content, the measured molecular weight
of the fuel, in order to convert the fuel flow to the appropriate units
of measure. The final rule includes corrections to the proposed
paragraph references included in the definition of the variable ``MW''
(i.e., molecular weight) to equation C-5.
The EPA is also finalizing as proposed revisions to provisions
pertaining to the calculation of biogenic emissions from tire
combustion. These revisions include:
<bullet> Removing the additional provision in 40 CFR
98.33(b)(1)(vii) on how to apply the threshold to only municipal solid
waste (MSW) fuel when MSW and tires are both combusted and the reporter
elects not to separately calculate and report biogenic CO<INF>2</INF>
emissions from the combustion of tires, since biogenic CO<INF>2</INF>
emissions from tire combustion must now be calculated and reported in
all cases;
<bullet> Removing the language in 40 CFR 98.33(e) and
98.36(e)(2)(xi) referring to optional biogenic CO<INF>2</INF> emissions
reporting from tire combustion;
<bullet> Removing the restriction in 40 CFR 98.33(e)(3)(iv) that
the default factor that is used to determine biogenic CO<INF>2</INF>
emissions may only be used to estimate the annual biogenic
CO<INF>2</INF> emissions from the combustion of tires if the combustion
of tires represents ``no more than 10 percent annual heat input to a
unit'';
<bullet> Revising 40 CFR 98.33(e)(3)(iv)(A) so that total annual
CO<INF>2</INF> emissions will be calculated using the applicable
methodology in 40 CFR 98.33(a)(1) through (3) for units using Tier 1
through 3 for purposes of 40 CFR 98.33(a), and using the Tier 1
calculation methodology in 40 CFR 98.33(a)(1) for units using the Tier
4 or part 75 calculation methodologies for purposes of 40 CFR 98.33(a),
when determining the biogenic component of MSW and/or tires under 40
CFR 98.33(e)(3)(iv);
<bullet> Revising 40 CFR 98.33(e)(3)(iv)(B) to update the default
factor that is used to determine biogenic CO<INF>2</INF> emissions from
the combustion of tires from 0.20 to 0.24; and
<bullet> Correcting 40 CFR 98.34(d) to reference 40 CFR
98.33(e)(3)(iv) instead of 40 CFR 98.33(b)(1)(vi) and (vii) and
correcting 40 CFR 98.33(e)(1) to delete the parenthetical clause
``(except MSW and tires).''
These final revisions will update the default factor to be based on
more recent data collected on the average composition of natural rubber
in tires, remove potentially confusing or conflicting requirements, and
result in a more accurate characterization of biogenic emissions from
these sources.
[[Page 31820]]
See section III.B.1. of the preamble to the 2022 Data Quality
Improvements Proposal for additional information on these revisions and
their supporting basis. The EPA is also finalizing one additional
revision related to the estimation of biogenic emissions after
consideration of comments received on the 2022 Data Quality
Improvements Proposal. Commenters requested that the EPA expand the
monitoring requirements at 40 CFR 98.34(e) to include all combined
biomass and fossil fuels and to allow for testing at one source when a
common fuel is combusted. The EPA agrees that testing one emission
source is reasonable when multiple combustion units are fed from a
common fuel source. Accordingly, the EPA is revising 40 CFR 98.34(e) to
allow for quarterly ASTM D6866-16 and ASTM D7459-08 testing of one
representative unit for a common fuel source for all combined biomass
(or fuels with a biomass component) and fossil fuels. See section
III.C.2. of this preamble for additional information on related
comments and the EPA's response.
We are finalizing corrections to the variable ``R'' in equation C-
11. The term ``R'' is currently defined as ``The number of moles of
CO<INF>2</INF> released upon capture of one mole of the acid gas
species being removed (R = 1.00 when the sorbent is CaCO<INF>3</INF>
and the targeted acid gas species is SO<INF>2</INF>)'' and is being
amended to ``The number of moles of CO<INF>2</INF> released per mole of
sorbent used (R = 1.00 when the sorbent is CaCO<INF>3</INF> and the
targeted acid gas species is SO<INF>2</INF>).'' We are finalizing
amendments to 40 CFR 98.33(c)(6)(i), (ii), (ii)(A), and (iii)(C), and
to remove and reserve 40 CFR 98.33(c)(6)(iii)(B) (to clarify the
methods used to calculate CH<INF>4</INF> and N<INF>2</INF>O emissions
for blended fuels when heat input is determined after the fuels are
mixed and combusted), as proposed.
The EPA identified one additional minor correction to subpart C in
review of changes for the final rule. Subsequently, we are correcting
the definition of the term emission factor ``EF'' in equation C-10 from
``Fuel-specific emission factor for CH<INF>4</INF> or N<INF>2</INF>O,
from table C-2 of this section'' to ``Fuel-specific emission factor for
CH<INF>4</INF> or N<INF>2</INF>O, from table C-2 to this subpart.''
The EPA is finalizing as proposed two additional clarifications to
the reporting and recordkeeping requirements. We are revising the first
sentence of 40 CFR 98.36(e)(2)(ii)(C) to clarify that both the annual
average, and where applicable, monthly high heat values are required to
be reported. This change clarifies that the annual average high heat
value is also a reporting requirement (for reporters who do not use the
electronic inputs verification tool (IVT) within the e-GGRT). We are
finalizing revisions to the 40 CFR 98.37(b) introductory paragraph and
paragraphs (b)(9) through (11), (14), (18), (20), (22), and (23) to
specify recordkeeping data that is currently contained in the file
generated by the verification software that is already required to be
retained by reporters under 40 CFR 98.37(b). These revisions correct
omissions that currently exist in the verification software
recordkeeping requirements specific to equations C-2a, C-2b, C-3, C-4,
and C-5. They also align the verification software recordkeeping
requirements with the final revisions to equation C-5 at 40 CFR
98.33(a)(3)(iii).
In the 2022 Data Quality Improvements Proposal, we proposed
additional reporting requirements, for each unit greater than or equal
to 10 mmBtu/hour in either an aggregation of units or common pipe
configuration. The proposed reporting included, for each individual
unit with maximum rated heat input capacity greater than or equal to 10
mmBtu/hour included in the group, the unit type, maximum rated heat
input capacity, and an estimate of the fraction of the total group
annual heat input attributable to each unit (proposed 40 CFR
98.36(c)(1)(ii) and (c)(3)(xi)). Following consideration of public
comments, the EPA is not taking final action on the proposed reporting
requirements (i.e., identifying the unit type, maximum rated heat input
capacity, and fraction of the total annual heat input for each unit in
the aggregation of unit or common pipe). See section III.C.2. of this
preamble for a summary of the related comments and the EPA's response.
In the 2023 Supplemental Proposal, the EPA proposed to add a
requirement to report whether the unit is an EGU for each configuration
that reports emissions, under either the individual unit provisions at
40 CFR 98.36(b)(12) or the multi-unit provisions at 40 CFR
98.36(c)(1)(xii), (c)(2)(xii), and (c)(3)(xii). For multi-unit
reporting configurations, we also proposed adding a requirement for
facilities to report an estimated decimal fraction of total emissions
from the group that are attributable to EGU(s) included in the group.
Following consideration of public comments, the EPA is not taking final
action on the proposed revisions to the reporting requirements in this
rule. See section III.C.2. of this preamble for a summary of the
related comments and the EPA's response.
The EPA is also not taking final action in this final rule on
proposed revisions to subpart C correlated with proposed amendments to
subpart W (Petroleum and Natural Gas Systems). As noted in section I.C.
of this preamble, the EPA has issued a subsequent proposed rule for
subpart W on August 1, 2023 and has reproposed related amendments to
subpart C in that separate action.
b. Revisions To Streamline and Improve Implementation for Subpart C
The EPA is finalizing all revisions to streamline and improvement
implementation for subpart C as proposed. Specifically, the EPA is
finalizing (1) amendments to 40 CFR 98.34(c)(6) to allow cylinder gas
audits (CGAs) to be performed using calibration gas concentrations of
40-60 percent and 80-100 percent of CO<INF>2</INF> span, whenever the
required CO<INF>2</INF> span value for a flue gas does is not
appropriate for the prescribed audit ranges in appendix F of 40 CFR
part 60; and (2) amendments to provisions in 40 CFR 98.36(c)(1)(vi) and
98.36(c)(3)(vi) to remove language requiring that facilities with the
aggregation of units or common pipe configuration types report the
total annual CO<INF>2</INF> mass emissions from all fossil fuels
combined. See section III.B.2. of the preamble to the 2022 Data Quality
Improvements Proposal for additional information on these changes and
their supporting basis.
2. Summary of Comments and Responses on Subpart C
This section summarizes the major comments and responses related to
the proposed amendments to subpart C. See the document ``Summary of
Public Comments and Responses for 2024 Final Revisions and
Confidentiality Determinations for Data Elements under the Greenhouse
Gas Reporting Rule'' in Docket ID. No. EPA-HQ-OAR-2019-0424 for a
complete listing of all comments and responses related to subpart C.
Comment: One commenter provided a correction to the proposed
revisions to equation C-5 related to the revisions to the Tier 3
calculation methodology. The commenter noted that the proposed
revisions to variable ``MW'' of equation C-5 which specify the
procedures to be used to determine the annual average molecular weight
included an incorrect reference to paragraphs (a)(3)(iii)(A)(3) and
(4), and should point to (a)(3)(iii)(B)(1) and (2).
Response: We agree that the proposal inadvertently contained
incorrect cross-references for the variable ``MW'' of equation C-5, and
the EPA has corrected these cross-references in the final rule.
Comment: Commenters generally supported the EPA's proposed
revisions
[[Page 31821]]
to update the calculation methodology for biogenic emissions from tire
combustion. One commenter requested that the EPA consider expanding the
requirements of 40 CFR 98.34(e), which requires quarterly testing to
determine biogenic CO<INF>2</INF> when biomass and non-biogenic fuels
are co-fired in a unit. The commenter noted that 40 CFR 98.34(e)
currently allows for testing of a single representative unit for
facilities with multiple units in which tires are the primary fuel
combusted and the units are fed from a common fuel source. The
commenter noted that for facilities with multiple units combusting the
same fuel, testing each source quarterly imposes an additional burden
without enhancing the accuracy of reported emissions. The commenter
requested that the EPA expand the provisions to include all combined
biomass and fossil fuels and to allow for testing one representative
unit when fuel from a common fuel source is combusted.
Response: The EPA acknowledges the commenter's support for the
proposed revisions. The EPA agrees with the commenter that testing one
emission source when multiple emission sources are fed from a common
fuel source should be allowed for all combined biomass (or fuels with a
biomass component) and fossil fuels. Accordingly, the EPA has finalized
quarterly ASTM D6866-16 and ASTM D7459-08 testing of one representative
unit for multiple units fed from a common fuel source, for all combined
biomass (or fuels with a biomass component) and fossil fuels.
Comment: Some commenters supported the EPA's proposal to revise 40
CFR 98.36(c)(1) and (3) to require reporting of additional information
for each unit in either an aggregation of units or common pipe
configuration (excluding units with maximum rated heat input capacity
less than 10 mmBtu/hour), including the unit type, maximum rated heat
input capacity, and an estimate of the fraction of the total annual
heat input to the unit. These commenters agreed that unit-specific data
is necessary to understand both the distribution of emissions across
unit types and sizes, but also the abatement potential through various
decarbonization strategies (e.g., certain abatement strategies may be
better suited for certain unit types and uses). The commenters stated
that the requested data could assist the EPA in the development of NSPS
or EG under CAA section 111. The commenters noted that, given the
prevalence of reporting using combined configurations, this data would
fill large data gaps in the current characterization of industrial
sectors. One commenter asserted that the requirement should be extended
to facilities that report using the common stack configuration or the
alternative part 75 configuration, which would ensure that all
emissions under the subpart are similarly affected by the proposed
revisions and would provide a full picture of the GHG abatement
potential of various source categories. Commenters also requested the
EPA consider lowering or eliminate the size threshold below 10 mmBtu/
hour; the commenter stated that although smaller units do not account
for a large share of total capacity, they often present the most viable
opportunities for greenhouse gas emissions abatement such as
electrification with heat pump technology.
Other commenters opposed the proposed requirements. Opposing
commenters stated that the EPA's explanation for collecting the data
was ambiguous and did not sufficiently explain what data gaps are
missing or how the collection of the additional information would
resolve issues within the currently collected data. One commenter
opposed disaggregating total emissions from the grouped combustion
equipment, asserting that aggregating the emissions by individual
equipment (excluding units rated less than 10 mmBtu/hour) using
estimation techniques would not provide useful information. Several
commenters asserted that the proposed approach could not reliably
provide accurate estimates of actual heat input and is likely not to be
technically feasible. For example, one commenter stated that the
physical configuration of certain lime plants would preclude accurate
unit-specific estimates of actual heat input, as the facilities lack
certified calibrated meters on a kiln-by-kiln basis and rely on
quantifying solid fuel usage based on surveys of on-site stockpiles.
The commenter added that facility-wide reporting of combustion
emissions satisfies the EPA's objective of developing facility-wide
emissions information, and additional unit-level information is
superfluous and of limited value. Other commenters stated that
individual fuel meters are not common, asserting that annual heat input
for individual units is often estimated based on the maximum high heat
input rating and operating hours. One commenter stated that the heat
input records maintained by facilities do not necessarily correspond to
the actual heat input of a unit, especially for industries that use
batching with different process equipment for different products. That
commenter asserted that actual heat input may vary based on age of the
unit; how it is utilized in processes for steam, cooling, or other
purposes; and the high heating value of fuel during certain operating
periods. Another commenter questioned whether the estimation technique
proposed would likely undermine the reported data or compromise the
integrity of actual values that are currently reported. Commenters
asserted that the requirements would have potentially very limited
value and may detract from the GHG emission estimates that regulated
facilities produce for the EPA or other proposed Federal rules.
Commenters also expressed that the proposed requirements would be
overly burdensome and significantly increase the recordkeeping and
reporting burden. One commenter specifically referred to the
requirement for facilities to estimate the total annual input of each
unit expressed as a decimal fraction based on the actual heat input of
each unit compared to the whole; the commenter stated that this
requirement would essentially negate the time efficiencies gained by
reporting the aggregated group, especially for reporters using the
common pipe configuration. The commenter stated that this would
essentially require that heat inputs be calculated for each piece of
equipment each year and could result in a ten-fold increase in burden
for reporters using the common pipe method. Commenters urged that the
maximum rated heat input of each unit in the aggregated group and
operating hours should provide enough information for the EPA to
reasonably approximate emissions for individual equipment.
Response: Upon careful consideration, the EPA has decided not to
take final action on the proposed reporting requirements for each unit
greater than or equal to 10 mmBtu/hour in either an aggregation of
units or common pipe configuration (the unit type, maximum rated heat
input capacity, and an estimate of the fraction of the total annual
heat input attributable to each unit in the group) (proposed 40 CFR
98.36(c)(1)(ii) and (c)(3)(xi)) at this time. We note that the EPA
disagrees that estimating the fraction of the actual total annual heat
input for each unit in the group, based on company records, will be
overly burdensome to reporters. ``Company records'' is defined in the
existing part 98 regulations at 40 CFR 98.6 to mean, ``in reference to
the amount of fuel consumed by a stationary combustion unit (or by a
group of such units), a complete record of the methods used, the
measurements made, and the calculations performed to quantify fuel
[[Page 31822]]
usage. Company records may include, but are not limited to, direct
measurements of fuel consumption by gravimetric or volumetric means,
tank drop measurements, and calculated values of fuel usage obtained by
measuring auxiliary parameters such as steam generation or unit
operating hours. Fuel billing records obtained from the fuel supplier
qualify as company records.'' The broad definition of company records
would afford reporters considerable flexibility when it comes to
estimating the fraction of the actual total annual heat input for each
unit in the group. The EPA may consider such reporting requirements in
future rulemakings.
Comment: Two commenters stated that EGUs should not be reported
under subpart C and are already reported under subpart D (Electricity
Generation); one commenter asserted that it is unclear from the
proposal how reporting these emissions under subpart C would not be
duplicative. One of the two commenters additionally stated that EGUs
are not specifically defined in subparts A or C of part 98, and that
the EPA should provide clarification on the definition of EGUs. The
commenter added that the proposed requirement would impose burden and
regulatory confusion because of the conflicting definitions in, and
applicability of, other EPA regulatory programs which traditionally
have regulated EGUs separately from non-EGU combustion sources. The
commenter stated that 40 CFR 98.36(f) already requires sources to
identify if they are tied to an entity regulated by any public utility
commission.
Another commenter suggested a definition for EGUs that aligns with
a footnote to table A-7 to subpart A that defines EGUs for sources
reporting under subpart C as ``a fuel-fired electric generator owned or
operated by an entity that is subject to regulation of customer billing
rates by the public utilities commission (excluding generators
connected to combustion units subject to 40 CFR part 98, subpart D) and
that are located at a facility for which the sum of the nameplate
capacities for all such electric generators is greater than or equal to
1 megawatt electric output.''
One commenter requested clarification that waste heat generation is
not included; the commenter added that requiring facilities to report
emissions from the generation of electricity using waste heat recovery
would be double counting. Other commenters requested clarification that
emergency generators are exempt from the proposed requirements.
Two commenters supported the EPA's proposed requirement to allow
operators to use an engineering estimate of the percentage of
combustion emissions attributable to facility electricity generation.
However, another commenter disagreed, stating that the EPA did not
describe how a reporter would identify such a fraction. The commenter
added that the EPA failed to take into account that emissions from a
single combustion unit might provide steam to multiple consumers for
multiple purposes, only a portion of which includes on-site electricity
generation. The commenter expressed concerns that, if the rule is
finalized as proposed, the methods to determine electricity-related
emissions by fraction could become subject to numerous other
requirements, such as calculations for GHG emissions, monitoring and
QA/QC requirements, data reporting, and record retention obligations.
Response: The EPA is not taking final action on the proposed
addition of a new indicator that would identify units as electricity
generating units at this time. Furthermore, the EPA is not taking final
action on the additional requirement for reporting an estimate of a
group's total reported emissions attributable to electricity generation
at this time. As discussed in the preamble to the 2023 Supplemental
Proposal, under the current subpart C reporting requirements, the EPA
cannot currently determine the quantity of EGU emissions included in
the reported total emissions for the subpart. Although some facilities
currently indicate whether certain stationary fuel combustion sources
are connected to a fuel-fired electric generator in 40 CFR 98.36(f),
this requirement only captures a subset of subpart C EGU emissions. The
EPA therefore intended the proposed reporting requirements to identify
other EGUs reporting under subpart C in order to improve our
understanding of subpart C EGU GHG emissions and the attribution of GHG
emissions to the power plant sector. However, we agree with commenters
that the proposed requirements could require additional burden not
contemplated by the proposed rule. Specifically, as noted by
commenters, we recognize that there could be scenarios in which a
single combustion unit or group of units may provide steam for multiple
purposes, only a portion of which includes on-site electricity
generation. In this case, although a facility may know the quantity of
electricity generated and could estimate the quantity of steam required
to generate the electricity, determination of the portion of GHG
emissions that are attributable to the combustion unit(s) producing the
steam that is used in an on-site EGU (among other processes) would
additionally require the estimation of the type and quantity of fuel
used by each combustion unit for the purposes of producing the steam
used to generate electricity. For this reason we are not taking final
action on these requirements in this rule.
D. Subpart F--Aluminum Production
We are not taking final action on any proposed amendments to
subpart F of part 98 (Aluminum Production) in this action. In the 2022
Data Quality Improvements Proposal, the EPA requested comment on
several issues related to determining emissions from aluminum
production. Specifically, the EPA requested information on the extent
to which low voltage emissions have been characterized, if data are
available to develop guidance on low voltage emission measurements, and
on the use of the non-linear method as an alternative to the slope
coefficient and overvoltage methods currently allowed in subpart F. The
EPA received comments on these issues but is not taking final action on
any changes to the measurement methodology for subpart F at this time.
In the 2023 Supplemental Proposal, the EPA proposed revisions to
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. We noted at that time that the
capacity of the facility and capacity utilization would provide useful
information for understanding variations in annual emissions and
emission trends across the sector. The EPA received several comments on
the proposed subpart F revisions. Following consideration of comments
received, we are not taking final action on the proposed revisions at
this time. However, the EPA may consider similar changes to reporting
requirements in a future rulemaking. See the document ``Summary of
Public Comments and Responses for 2024 Final Revisions and
Confidentiality Determinations for Data Elements under the Greenhouse
Gas Reporting Rule'' in Docket ID. No. EPA-HQ-OAR-2019-0424 for a
complete listing of all comments and responses related to subpart F.
E. Subpart G--Ammonia Manufacturing
We are finalizing amendments to subpart G of part 98 (Ammonia
Manufacturing) as proposed. In some cases, we are finalizing the
proposed
[[Page 31823]]
amendments with revisions. In other cases, we are not taking final
action on the proposed amendments. This section discusses the final
revisions to subpart G. The EPA received only supportive comments for
the proposed revisions to subpart G. See the document ``Summary of
Public Comments and Responses for 2024 Final Revisions and
Confidentiality Determinations for Data Elements under the Greenhouse
Gas Reporting Rule'' in Docket ID. No. EPA-HQ-OAR-2019-0424 for a
complete listing of all comments and responses related to subpart G.
Additional rationale for these amendments is available in the preamble
to the 2022 Data Quality Improvements Proposal and 2023 Supplemental
Proposal.
In the 2022 Data Quality Improvements Proposal, the EPA proposed
several revisions to subpart G to require reporters to report the GHG
emissions that occur directly from the ammonia manufacturing process
(i.e., net CO<INF>2</INF> process emissions) after subtracting out
carbon or CO<INF>2</INF> captured and used in other products. The
proposed revisions included combining equation G-4 and equation G-5
into a new equation G-4 and several harmonizing revisions to 40 CFR
98.72(a); revisions to the introductory paragraph of 40 CFR 98.73; the
removal of Sec. 98.73(b)(5); revisions to the introductory paragraph
of 40 CFR 98.76; and revisions to the reported data elements at 40 CFR
98.76(b)(1) and (13), as described in section III.C. of the preamble to
the 2022 Data Quality Improvements Proposal.
The EPA is finalizing minor edits to 40 CFR 98.72(a), the
introductory paragraph of 40 CFR 98.73, the introductory paragraph to
40 CFR 98.76, and 40 CFR 98.76(b)(1) to clarify the term ``ammonia
manufacturing unit,'' as well as clarifying edits to 40 CFR
98.76(b)(13) to clearly identify any CO<INF>2</INF> used in the
production of urea and carbon bound in methanol that is intentionally
produced as a desired product. Additionally, we are finalizing
clarifying amendments to equation G-1, equation G-2, and equation G-3
to simplify the equations by removing the process unit ``k''
designation in the terms ``CO<INF>2,G,k</INF>,''
``CO<INF>2,L,k</INF>,'' and ``CO<INF>2,S,k</INF>.'' We are also
finalizing the removal of Sec. 98.73(b)(5) and equation G-5,
consistent with our intent at proposal to require reporting of
emissions by ammonia manufacturing unit.
Following consideration of comments received on similar changes
proposed for subpart S (Lime Manufacturing), the EPA is not taking
final action at this time on the proposed revisions to allow facilities
to subtract out carbon or CO<INF>2</INF> captured and used in other
products. We have revised new equation G-4 in the final rule to remove
the proposed equation terms related to CO<INF>2</INF> collected and
consumed on-site for urea production and the mass of methanol
intentionally produced as a desired product, and removed text related
to ``net'' CO<INF>2</INF> process emissions. The EPA is also not taking
final action at this time on the addition of related monthly
recordkeeping data elements that were proposed as verification software
records. See section III.K.2. of this preamble for a summary of related
comments and the EPA's response.
We are finalizing as proposed one amendment to subpart G from the
2023 Supplemental Proposal to include a requirement for facilities to
report the annual quantity of excess hydrogen produced that is not
consumed through the production of ammonia at 40 CFR 98.76(b)(16). This
is a harmonizing change to ensure that the final revisions to subpart P
(Hydrogen Production) to exclude reporting from any process unit for
which emissions are reported under another subpart of part 98,
including ammonia production units that report emissions under subpart
G (see section III.I. of this preamble), will not result in the
exclusion of reporting of any excess hydrogen production at facilities
that are subject to subpart G.
We are also finalizing as proposed related confidentiality
determinations for data elements resulting from the revisions to
subpart G, as described in section VI. of this preamble.
F. Subpart H--Cement Production
We are finalizing several amendments to subpart H of part 98
(Cement Production) as proposed. In some cases, we are finalizing the
proposed amendments with revisions. Section III.F.1. of this preamble
discusses the final revisions to subpart H. The EPA received several
comments on the proposed subpart H revisions which are discussed in
section III.F.2. of this preamble. We are also finalizing
confidentiality determinations for new data elements resulting from the
revisions to subpart H, as described in section VI. of this preamble.
1. Summary of Final Amendments to Subpart H
This section summarizes the final amendments to subpart H. Major
changes in this final rule as compared to the proposed revisions are
identified in this section. The rationale for these and any other
changes to 40 CFR part 98, subpart H can be found in this section and
section III.F.2. of this preamble. Additional rationale for these
amendments is available in the preamble to the 2022 Data Quality
Improvements Proposal.
The EPA is finalizing several revisions to improve the quality of
data collected for subpart H. First, we are finalizing the addition of
several new data reporting elements to subpart H under 40 CFR 98.86(a)
and (b) to enhance the quality and accuracy of the data collected. In
the 2022 Data Quality Improvements Proposal, the EPA proposed to add
several data reporting elements based on annual average chemical
composition data for facilities using either the direct measurement
(using a continuous emission monitoring system (CEMS)) methodology or
the mass balance methodology, in order to assist in improving
verification of reported data. The proposed data elements included (for
both facilities that report CEMS data and those that report using a
mass balance method) the annual arithmetic average weight fraction of:
the total calcium oxide (CaO) content, non-calcined CaO content, total
magnesium oxide (MgO) content, and non-calcined MgO content of clinker
at the facility (proposed 40 CFR 98.86(a)(4) through (a)(7) and (b)(19)
through (b)(22)); and the total CaO content of cement kiln dust (CKD)
not recycled to the kiln(s), non-calcined CaO content of CKD not
recycled to the kiln(s), total MgO content of CKD not recycled to the
kiln(s), and non-calcined MgO content of CKD not recycled to the
kiln(s) at the facility (proposed 40 CFR 98.86(a)(8) through (11) and
(b)(23) through (26)). The EPA also proposed to collect other data
(from both facilities using CEMS and those that report using the mass
balance method), including annual facility CKD not recycled to the
kiln(s) in tons (proposed 40 CFR 98.86(a)(12) and (b)(27)) and raw kiln
feed consumed annually at the facility in tons (dry basis) (proposed 40
CFR 98.86(a)(13) and (b)(28)), for both verification and to improve the
methodologies of the Inventory.
The EPA is finalizing the proposed requirements to report the
annual arithmetic average weight fraction of the total CaO content,
non-calcined CaO content, total MgO content, and non-calcined MgO
content of clinker at the facility (proposed 40 CFR 98.86(a)(4) through
(7) and (b)(19) through (22)), and the annual facility CKD not recycled
to the kiln(s) (proposed 40 CFR 98.86(a)(12) and (b)(27), finalized as
40 CFR 98.86(a)(8) and (b)(27), respectively), for both facilities that
use CEMS and those that report using the mass balance method. We are
also finalizing, for facilities using the mass
[[Page 31824]]
balance method, the total CaO content of CKD not recycled to the
kiln(s), non-calcined CaO content of CKD not recycled to the kiln(s),
total MgO content of CKD not recycled to the kiln(s), and non-calcined
MgO content of CKD not recycled to the kiln(s) at the facility
(proposed 40 CFR 98.86(b)(23) through (26)), and the amount of raw kiln
feed consumed annually (proposed 40 CFR 98.86(b)(28)). Finalizing these
data elements will improve the EPA's ability to verify reported
emissions (e.g., the EPA will be able to create a rough estimate of
process emissions at the facility and compare that to the reported
total emissions, and check whether the ratio is within expected
ranges). For facilities using CEMS, the finalized data elements will
enable the EPA to estimate process emissions from facilities to provide
a more accurate national-level cement emissions profile and the
Inventory. Following consideration of public comments, we are not
taking final action on certain proposed data elements for facilities
that report using CEMS. Specifically, the EPA is not taking final
action on the proposed requirements to report the annual arithmetic
average of the total CaO content of CKD not recycled to the kiln(s),
non-calcined CaO content of CKD not recycled to the kiln(s), total MgO
content of CKD not recycled to the kiln(s), and non-calcined MgO
content of CKD not recycled to the kiln(s) at the facility (proposed 40
CFR 98.86(a)(8) through (11)). We are also not taking final action on
the reporting of the amount of raw kiln feed consumed annually
(proposed 40 CFR 98.86(a)(13)). See section III.F.2. of this preamble
for a summary of the related comments and the EPA's response.
The EPA is finalizing as proposed several clarifications and
corrections to equations H-1, H-4, and H-5 included in the 2022 Data
Quality Improvements Proposal. The final revisions to equation H-1 add
brackets to clarify the summation of clinker and raw material emissions
for each kiln, and update the definition of parameter
``CO<INF>2 rm</INF>'' to ``CO<INF>2 rm,m</INF>'' and clarify the raw
material input is on a per-kiln basis. The final revisions to equation
H-5 revise the inputs ``rm,'' ``CO<INF>2 rm</INF>'' (revised to
``CO<INF>2 rm,m</INF>''), and ``TOC<INF>rm</INF>,'' and add brackets to
clarify that emissions are calculated as the sum of emissions from all
raw materials or raw kiln feed used in the kiln. The final revisions to
equation H-4 correct the defined parameters for the quarterly non-
calcined CaO content and the quarterly non-calcined MgO content of CKD
not recycled to ``CKD<INF>ncCaO</INF>'' and ``CKD<INF>ncMgO</INF>,''
respectively, to align with the parameters defined in the equation.
2. Summary of Comments and Responses on Subpart H
This section summarizes the major comments and responses related to
the proposed amendments to subpart H. See the document ``Summary of
Public Comments and Responses for 2024 Final Revisions and
Confidentiality Determinations for Data Elements under the Greenhouse
Gas Reporting Rule'' in Docket ID. No. EPA-HQ-OAR-2019-0424 for a
complete listing of all comments and responses related to subpart H.
Comment: One commenter objected to the EPA's proposed addition of
data reporting requirements for facilities reporting using the CEMS
methodology. The commenter asserted that the new data requirements
would add unnecessary burden without providing additional insight into
cement industry GHG emissions or improving the quality or accuracy of
the emissions data provided. The commenter stated that, under the new
provisions, the EPA would essentially be requiring kilns that are
currently using CEMS to report their emissions to verify their data by
using the mass balance method, with associated reporting and
recordkeeping. The commenter noted that CEMS are already required to
meet extensive quality assurance and quality control requirements and
have been determined as the most accurate means of measuring stack
emissions. Further, the commenter reasoned that the EPA can accurately
determine process emissions using already reported data, total kiln
stack emissions data, and combustion emissions data, which they stated
is included in the confidential monthly clinker production data and
fuel use data provided using the Tier 4 methodology in subpart C. The
commenter stated that it is well established by the scientific
community that process emissions represent 60 percent of CO<INF>2</INF>
emissions from the kiln based on the standard chemistry of the cement
manufacturing process, and that the currently reported data should be
sufficient.
The commenter also opposed the EPA's proposed data reporting
elements for facilities using the mass balance (non-CEMS) methodology,
likewise insisting that the EPA can readily determine both process and
combustion emissions from the existing reporting requirements. The
commenter explained that (1) the reporting of total and non-calcined
CaO and MgO is irrelevant to calculating CO<INF>2</INF> process
emissions as they are inherently non-carbonate; and (2) in reference to
the proposed CKD reporting requirement, calculating the CKD not
recycled and the quantity of raw kiln feed at all kilns within a
facility would add burden without providing any additional information
about industry GHG emissions. The commenter also questioned the need
for the additional data, stating that the EPA did not provide an
explanation of how the additional data would be used separately from
potentially verifying process emissions. The commenter also expressed
concern that the addition of these data elements would justify
regulatory overreach from other programs.
Response: We disagree with the commenter's statement that reporting
additional data from facilities using CEMS will not enhance the EPA's
verification of the facility reported values. The EPA has encountered
occasional instances of mistakes in reported CEMS data (e.g., from data
entry mistakes), resulting in significant errors in reported emissions.
Fuel use data are not provided to the EPA for cement plants that report
emissions using CEMS. Currently, fuel use data are entered into the IVT
to calculate CH<INF>4</INF> and N<INF>2</INF>O emissions from
combustion for kilns with CEMS, as the process and combustion emissions
are both vented through the same stack. These IVT data are not directly
reported to the EPA, so the EPA cannot use them to verify the accuracy
of reported emissions.
Furthermore, we are not persuaded by the commenter's assertion that
process emissions represent 60 percent of kiln emissions. Cement kilns
can have very different process and combustion emissions depending on
the input materials, the fuel or energy source used, etc., and an
average process emissions factor would not be representative of all
facilities in subpart H. Furthermore, the commenter does not provide
additional information about how this statistic was calculated and
whether it is representative of cement manufacturing plants in the
United States. The commenter did not specify where this statistic can
be found in the cited source (``Getting the Numbers Right Database,
Global Cement and Concrete Association'' \9\) and did not provide the
underlying data to the EPA for review. Importantly, this database
contains information on global cement production, and emissions
profiles at facilities in the United States can differ widely from
those in other countries due to differences in input
[[Page 31825]]
materials, fuels used, and emission control systems that may be in
place. The EPA has reviewed data, such as those from the UNFCCC, which
suggest that implied emissions rates may vary from 49-57 percent and
change by country.\10\
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\9\ Available at <a href="https://gccassociation.org/sustainability-innovation/gnr-gcca-in-numbers/">https://gccassociation.org/sustainability-innovation/gnr-gcca-in-numbers/</a>. Accessed January 9, 2024.
\10\ United Nations Framework Convention on Climate Change.
(2023). National inventory submissions 2023. <a href="https://unfccc.int/ghg-inventories-annex-i-parties/2023">https://unfccc.int/ghg-inventories-annex-i-parties/2023</a>.
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Upon careful review and consideration, the EPA has decided not to
adopt the proposed changes to require the chemical composition data for
CKD and amount of raw kiln feed consumed annually for facilities
reporting with CEMS (proposed 40 CFR 98.86(a)(8) through (11) and
(a)(13)). We are not taking final action on these elements after
consideration of the comments and in an effort to reduce potential
burden. The EPA is finalizing the remaining proposed reporting
requirements as these data elements will improve verification of
reported emissions. For example, the EPA will be able to create a rough
estimate of process emissions at the facility and compare that to the
reported total emissions, and check whether the ratio is within
expected ranges. We will also be able to build evidence-based
verification checks on the clinker composition data that is entered by
facilities that do not use CEMS (we currently have very little
information on what chemical compositions are typical in cement kilns).
The final reporting elements will also enable the EPA to estimate
process emissions from CEMS facilities to provide a more accurate
national-level emissions profile for the cement industry and the
Inventory. Reporting average chemical composition data for the clinker
is expected to be less burdensome for facilities, as this data is
likely collected as a part of normal business operations, while
collection of CKD data may be less common. Furthermore, we do not
believe these additional data elements constitute regulatory overreach
as they are similar to other data already collected under subpart H and
will be important for verification and our understanding of process and
combustion emissions.
We also disagree that collecting additional data from facilities
using the mass balance method will not enhance the EPA's verification
of the facility reported values. Currently clinker composition data are
entered into the IVT and are not included in the annual report that is
submitted to the EPA. Reporting of these and additional data elements
will improve verification of reported emissions and the mass balance
calculations (e.g., by allowing us to create evidence-based
verification checks for clinker composition data). The final reporting
elements will also provide a more accurate national-level emissions
profile for the cement industry and the Inventory. With respect to the
burden associated with these added reporting elements for reporters
using the mass balance reporting method, these data elements are the
annual arithmetic averages of either monthly or quarterly data elements
that these reporters already input into e-GGRT through the IVT. These
data elements are currently entered into the IVT and used for equations
H-2 through H-5; but they are not reported to the EPA. Thus, the
burden, if any, is expected to be minimal. There are no changes, as
compared to the proposal, to the final reporting requirements for
facilities using the mass balance methodology after consideration of
this comment.
G. Subpart I--Electronics Manufacturing
We are finalizing several amendments to subpart I of part 98
(Electronics Manufacturing) as proposed. In some cases, we are
finalizing the proposed amendments with revisions. In other cases, we
are not taking final action on the proposed amendments. Section
III.G.1. of this preamble discusses the final revisions to subpart I.
The EPA received several comments on the proposed subpart I revisions
which are discussed in section III.G.2. of this preamble. We are also
finalizing as proposed related confidentiality determinations for data
elements resulting from the revisions to subpart I as described in
section VI. of this preamble.
1. Summary of Final Amendments to Subpart I
This section summarizes the final amendments to subpart I. Major
changes to the final rule as compared to the proposed revisions are
identified in this section. The rationale for these and any other
changes to 40 CFR part 98, subpart I can be found in this section and
section III.G.2. of this preamble. Additional rationale for these
amendments is available in the preamble to the 2022 Data Quality
Improvements Proposal and 2023 Supplemental Proposal.
a. Revisions To Improve the Quality of Data Collected for Subpart I
In the 2022 Data Quality Improvements Proposal, the EPA proposed
several revisions to subpart I to improve data quality, including
revising the stack testing calculation method, updating the calculation
methods used to estimate emission factors in the technology assessment
report, updating existing default emission factors and destruction or
removal efficiencies (DREs) based on new data, adding a calculation
method for calculating byproducts produced in abatement systems,
amending data reporting requirements, and providing clarification on
reporting requirements. In the 2023 Supplemental Proposal, the EPA
subsequently proposed corrections to specific revisions from the 2022
Data Quality Improvements Proposal, including DRE values in table I-16
and gamma factors in proposed new table I-18 to subpart I of part 98.
The EPA is finalizing several revisions to 40 CFR 98.93(i) to
improve the calculation methodology for stack testing. These revisions
include:
<bullet> Adding new equations I-24C and I-24D and a table of
default weighting factors (new table I-18) to calculate the fraction of
fluorinated input gases exhausted from tools with abatement systems,
a<INF>i,f</INF>, for use in equations I-19A through I-19C and I-21, and
the fraction of byproducts exhausted from tools with abatement systems,
a<INF>k,i,f</INF>, for use in equations I-20 and I-22.
<bullet> Revising equations I-24A and I-24B, which calculate the
weighted average DREs for individual F-GHGs across process types in
each fab.
<bullet> Revising 40 CFR 98.93(i)(3) to require that all stacks be
tested if the stack test method is used.
<bullet> Replacing equation I-19 with a set of equations (i.e.,
equations I-19A, I-19B, and I-19C) that will more accurately account
for emissions when pre-control emissions of an F-GHG come close to or
exceed the consumption of that F-GHG during the stack testing period.
<bullet> Clarifying the definitions of the variables d<INF>if</INF>
and d<INF>kif</INF>, the average DREs for input gases and byproduct
gases respectively, in equations I-19A, I-19B, I-19C, and I-19D, in
equations I-20 through I-22, in equations I-24A and B, and in equation
I-28 to subpart I.
These revisions will remove the current requirements to apportion
gas consumption to different process types, to manufacturing tools
equipped versus not equipped with abatement systems, and to tested
versus untested stacks. Equations I-24C and I-24D add the option to
calculate the fraction of each input gas ``i'' and byproduct gas ``k''
exhausted from tools with abatement systems based on the number of
tools that are equipped versus not equipped with abatement systems,
along with weighting factors that account for the
[[Page 31826]]
different per-tool emission rates that apply to different process
types. The weighting factors ([gamma]<INF>i,p</INF> for input gases and
[gamma]<INF>k,i,p</INF> for byproduct gases, provided in table I-18)
are based on data submitted by semiconductor manufacturers during the
process of developing the 2019 Refinement (as corrected in the 2023
Supplemental Proposal). We are finalizing revisions to equations I-24A
and I-24B, used to calculate the average DRE for each input gas ``i''
and byproduct gas ``k,'' based on tool counts and the same weighting
factors that will be used in equations I-24C and I-24D; this accounts
for operations in which a facility uses one or more abatement systems
with a certified DRE value that is different from the default to
calculate and report controlled emissions. We are finalizing the
requirement that all stack systems be tested by removing 40 CFR
98.93(i)(1); this removes not only the need to apportion gas usage to
tested versus untested stack systems, but also the requirement to
perform a preliminary calculation of the emissions from each stack
system. We are finalizing new equations I-19A, I-19B, and I-19C, with a
clarification, which will more accurately account for emissions when
emissions of an F-GHG prior to entering any abatement system (i.e.,
pre-control emissions) would approach or exceed the consumption of that
F-GHG during the stack testing period. We are clarifying that the 0.8
maximum for the 1-U value only applies to carbon-containing F-GHGs. As
discussed in the proposal, the modification to the stack testing method
was intended to accurately account for the source of emissions when the
measured emissions exceed the consumption of the F-GHG during the stack
testing period, which may occur in situations where the input gas is
also generated in significant quantities as a by-product by the other
input gases. However, it is not expected that NF<INF>3</INF> or
SF<INF>6</INF> could be generated as a by-product by a fluorocarbon
used as an input gas. Therefore, this modification is not appropriate
and was not intended to apply to SF<INF>6</INF> or NF<INF>3</INF>
emissions when calculating emissions using the stack test method. The
revised equations improve upon the current equations because they
account both for any control of the emissions and for some utilization
of the input gas. Finally, we are finalizing revisions to the
definitions of the variables d<INF>if</INF> and d<INF>kif</INF> in
equations I-19A, I-19B, I-19C, and I- 19D, in equations I-20 through I-
22, in equations I-24A and B, and in equation I-28 to clarify that
these variables reflect the fraction of gas i (or byproduct gas k) that
is destroyed once gas i (or byproduct gas k) is fed into abatement
systems. See section III.E.1.a. of the preamble to the 2022 Data
Quality Improvements Proposal for additional information on these
revisions and their supporting basis.
With some changes, the EPA is finalizing revisions to improve the
quality of the data submitted in the technology assessment reports in
40 CFR 98.96(y) as proposed in the 2022 Data Quality Improvements
Proposal. Specifically, the EPA proposed to require that reporters who
submit a technology assessment report would use three methods (the
``all-input gas method,'' the ``dominant gas method,'' and the
``reference emission factor method'') to report the results of each
emissions test to estimate utilization and byproduct formation emission
rates. The EPA is finalizing a requirement to report the results using
two of the three methods proposed, including the all-input gas method,
with a clarification, and the reference emission factor method, and is
allowing use of a third method of the reporter's choice, as follows:
<bullet> All-input gas method. For input gas emission rates, this
method attributes all emissions of each F-GHG that is an input gas to
the input gas emission factor (1-U) factor for that gas, if the input
gas does not contain carbon or until that 1-U factor reaches 0.8 if the
input gas does contain carbon, after which emissions of the F-GHG are
attributed to the other input gases. For byproduct formation rates,
this method attributes emissions of F-GHG byproducts that are not also
input gases to all F-GHG input gases (kilogram (kg) of byproduct
emitted/kg of all F-GHGs used).
<bullet> Reference emission factor method. This method estimates
emissions using the 1-U and the byproduct formation rates that are
observed in single gas recipes and then adjusts both emission factors
based on the ratio between the emissions calculated based on the
factors and the emissions actually observed in the multi-gas process.
<bullet> The EPA is finalizing an option for reporters to use, in
addition to the utilization and byproduct formation rates calculated
according to the required all-input gas method and the reference
emission factor method, an alternative method of their choice to
calculate and report the utilization or byproduct formation rates based
on the collected data.
These revisions will ensure that the emission factors submitted in
the technology assessment reports are robust (for example, not unduly
affected by changing ratios of input gases) and are comparable to each
other and to the emission factors already in the EPA's database. The
EPA proposed, and is finalizing with a clarification, modifications to
the all-input gas method to avoid an input gas emission factor greater
than 0.1 when multiple gases are used. The modified method uses 0.8 as
the maximum 1-U value, and as such, attributes emissions of each F-GHG
used as an input gas to that input gas until the mass emitted equals 80
percent of the mass fed into the process (i.e., until the 1-U factor
equals 0.8). The all-input gas method assigns the remaining emissions
of the F-GHG to the other input gases as a byproduct in proportion to
the quantity of each input gas used in the process. We are finalizing
this modified method with the clarification that the 0.8 maximum for
the 1-U value only applies to carbon-containing F-GHGs. As discussed in
the proposal, the modification to the all-input method was intended to
avoid the situations where the historical methods would violate the
conservation of mass or fail to reflect the fact that some fraction of
the input gas reacts with the film it is being used to etch or clean,
which may occur in situations where the input gas is also generated in
significant quantities as a by-product by the other input gases.
However, it is not expected that NF<INF>3</INF> or SF<INF>6</INF> could
be generated as a by-product by a fluorocarbon used as an input gas.
Therefore, this modification is not appropriate and was not intended to
apply to SF<INF>6</INF> or NF<INF>3</INF> emissions when calculating
emission factors. The EPA is requiring use of the all-input gas method
to facilitate comparisons of new data to historical data; the all-input
gas method was the most commonly used method in the submitted data sets
in
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