Proposed Confidentiality Determinations for the Petroleum and Natural Gas Systems Source Category, and Amendments to Table A-7, of the Greenhouse Gas Reporting Rule
Federal Register, Volume 77 Issue 37 (Friday, February 24, 2012)
Federal Register Volume 77, Number 37 (Friday, February 24, 2012)
Proposed Rules
Pages 11039-11061
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-4320
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
EPA-HQ-OAR-2011-0028; FRL-9637-2
RIN 2060-AQ70
Proposed Confidentiality Determinations for the Petroleum and Natural Gas Systems Source Category, and Amendments to Table A-7, of the Greenhouse Gas Reporting Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action re-proposes confidentiality determinations for the data elements in subpart W, the petroleum and natural gas systems category, of the Mandatory Reporting of Greenhouse Gases Rule. On July 7, 2010, the EPA proposed confidentiality determinations for then-
proposed subpart W data elements and is now issuing this re-proposal due to significant changes to certain data elements in the final subpart W reporting requirements. The EPA is also proposing to assign 10 recently added reporting elements as ``Inputs to Emission Equations'' and to defer their reporting deadline to March 31, 2015, consistent with the agency's approach in the August 25, 2011 rule which finalized the deferral of some reporting data elements that are inputs to emissions equations.
DATES: Comments. Comments must be received on or before March 26, 2012 unless a public hearing is held, in which case comments must be received on or before April 9, 2012.
Public Hearing. To request a hearing, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section by March 2, 2012. Upon such request, the EPA will hold the hearing on March 12, 2012 in the Washington, DC area. The EPA will publish further information about the hearing in the Federal Register if a hearing is requested.
ADDRESSES: You may submit your comments, identified by Docket ID No. EPA-HQ-OAR-2011-0028, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments.
Email: GHGReportingCBI@epa.gov.
Fax: (202) 566-1741.
Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2011-0028, 1200 Pennsylvania Avenue NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0028. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. Send or deliver information identified as CBI to only the mail or hand/courier delivery address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. The http://www.regulations.gov Web site is an ``anonymous access'' system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, then the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West, Room B102, 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 GENERAL INFORMATION CONTACT: Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC-6207J), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 343-9263; fax number: (202) 343-2342; email address: GHGReportingRule@epa.gov. For technical information and
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implementation materials, please go to the Web site http://www.epa.gov/climatechange/emissions/subpart/w.html. To submit a question, select Rule Help Center, followed by ``Contact Us.''
SUPPLEMENTARY INFORMATION: Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of this proposal, memoranda to the docket, and all other related information will also be available through the WWW on EPA's greenhouse gas reporting rule Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.
Additional information on submitting comments. To expedite review of your comments by agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Carole Cook, U.S. EPA, Office of Atmospheric Programs, Climate Change Division, Mail Code 6207-J, Washington, DC 20460, telephone (202) 343-9263, email address: GHGReportingRule@epa.gov.
Acronyms and Abbreviations. The following acronyms and abbreviations are used in this document.
API American Petroleum Institute
BAMM Best Available Monitoring Methods
BOEMRE Bureau of Energy Management and Regulatory Enforcement
CAA Clean Air Act
CEMS continuous emission monitoring system
CO2 carbon dioxide
CO2e carbon dioxide equivalent
CBI confidential business information
CFR Code of Federal Regulations
EIA U.S. Energy Information Administration
EOR enhanced oil recovery
EPA U.S. Environmental Protection Agency
FERC Federal Energy Regulatory Commission
GASIS Gas Information System
GHG greenhouse gas
ICR Information Collection Request
LDC local natural gas distribution company
LNG liquefied natural gas
MMBtu million Btu
MMscfd million standard cubic feet per day
NESHAP national emission standards for hazardous air pollutants
NGLs natural gas liquids
N2O nitrous oxide
NTTAA National Technology Transfer and Advancement Act of 1995
OMB Office of Management & Budget
psia pounds per square inch
RFA Regulatory Flexibility Act
T-D transmission--distribution
UIC Underground Injection Control
UMRA Unfunded Mandates Reform Act of 1995
U.S. United States
WWW Worldwide Web
Organization of This Document. The following outline is provided to aid in locating information in this preamble.
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General Information
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What is the purpose of this action?
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Does this action apply to me?
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Legal Authority
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What should I consider as I prepare my comments to the EPA?
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Background and General Rationale
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Background on Subpart W CBI Re-Proposal
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Background on Data Elements in the ``Inputs to Emission Equations'' Data Category
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Re-Proposal of CBI Determinations for Subpart W
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Overview
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Approach to Making Confidentiality Determinations
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Proposed Confidentiality Determinations for Individual Data Elements in Two Data Categories
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Commenting on the Proposed Confidentiality Determinations
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Proposed Deferral of Inputs to Emission Equations for Subpart W and Amendments to Table A-7
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Statutory and Executive Order Reviews
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Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
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Paperwork Reduction Act
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Regulatory Flexibility Act (RFA)
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Unfunded Mandates Reform Act (UMRA)
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Executive Order 13132: Federalism
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Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
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Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
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Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use
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National Technology Transfer and Advancement Act
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Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
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General Information
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What is the purpose of this action?
The EPA is re-proposing confidentiality determinations for the data elements in subpart W of 40 CFR part 98 of the Mandatory Reporting of Greenhouse Gases Rule (hereinafter referred to as ``Part 98''). Subpart W of Part 98 requires monitoring and reporting of greenhouse gas (GHG) emissions from petroleum and natural gas systems. The petroleum and natural gas systems source category (hereinafter referred to as ``subpart W'') includes facilities that have emissions equal to or greater than 25,000 metric tons carbon dioxide equivalent (mtCO2e).
The proposed confidentiality determinations in this notice cover all of the data elements that are currently in subpart W except for those that are in the ``Inputs to Emission Equations'' data category. The covered data elements and their proposed data category assignments are listed by data category in the memorandum entitled ``Proposed Data Category Assignments for Subpart W'' in Docket ID No. EPA-HQ-OAR-2011-
0028.
This proposal also contains updates to Table A-7 of Part 98, the table of inputs to emission equations whose reporting deadline we have deferred until 2015. These data elements were added or revised to subpart W as a result of technical revisions made on December 23, 2011 (76 FR 80554).
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Does this action apply to me?
This proposal affects entities that are required to submit annual GHG reports under subpart W of Part 98. Subpart W applies to facilities in eight segments of the petroleum and natural gas industry that emit GHGs greater than or equal to 25,000 metric tons of CO2 equivalent per year. These eight segments are:
Offshore petroleum and natural gas production (from offshore platforms).
Onshore petroleum and natural gas production (including equipment on a single well-pad or associated with a single well pad used in the production, extraction, recovery, lifting, stabilization, separation or treating of petroleum and/or natural gas (including condensate).
Onshore natural gas processing (separation of natural gas liquids (NGLs) or non-methane gases from produced natural gas, or the separation of NGLs into one or more component mixtures).
Onshore natural gas transmission compression (use of compressors to move natural gas from production fields, natural gas processing plants, or other transmission compressors through transmission pipelines to natural gas distribution pipelines, LNG storage facilities, or into underground storage).
Underground natural gas storage (subsurface storage of natural gas, natural gas underground storage processes and operations, and wellheads connected to the compression units located at the facility where injections and recovering of natural gas takes place into and from underground reservoirs).
Liquefied natural gas (LNG) storage (onshore LNG storage vessels located above ground, equipment for liquefying natural gas, compressors to capture and re-liquefy boil-off-gas, re-condensers, and vaporization units for regasification of the liquefied natural gas).
LNG import and export facilities (onshore and offshore equipment
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importing or exporting LNG via ocean transport, including liquefaction of natural gas to LNG, storage of LNG, transfer of LNG, and re-
gasification of LNG to natural gas).
Natural gas distribution (distribution pipelines and metering and regulating equipment at metering-regulating stations that re operated by a local distribution company (LDC) within a single state that is regulated as a separate operating company by a public utility commission or that is operated as an independent municipally-owned distribution system).
For a summary of the source category definitions for subpart W, which includes further background on these eight industry segments, please see 40 CFR 98.230 of the subpart W final rule (75 FR 74490, November 30, 2010 and 76 FR 80554).
The Administrator determined that this action is subject to the provisions of Clean Air Act (CAA) section 307(d). If finalized, these amended regulations could affect owners or operators of petroleum and natural gas systems. Regulated categories and entities may include those listed in Table 1 of this preamble:
Table 1--Examples of Affected Entities by Category
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Examples of affected
Source category NAICS facilities
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Petroleum and Natural Gas 486210 Pipeline
Systems. transportation of
natural gas.
221210 Natural gas
distribution
facilities.
211 Extractors of crude
petroleum and natural
gas.
211112 Natural gas liquid
extraction
facilities.
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Table 1 of this preamble is not intended to be exhaustive, but rather provides a guide for readers regarding facilities likely to be affected by this action. Other types of facilities not listed in the table could also be affected. To determine whether you are affected by this action, you should carefully examine the applicability criteria found in 40 CFR part 98 subpart A, and subpart W. 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.
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Legal Authority
The EPA is proposing rule amendments under its existing CAA authority, specifically authorities provided in CAA section 114. As stated in the preamble to the 2009 final rule (74 FR 56260, October 30, 2009) and the Response to Comments on the Proposed Rule, Volume 9, Legal Issues, CAA section 114 provides the EPA broad authority to obtain the information in Part 98, including those in subpart W, because such data would inform and are relevant to the EPA's carrying out a wide variety of CAA provisions. As discussed in the preamble to the initial proposed Part 98 (74 FR 16448, April 10, 2009), CAA section 114(a)(1) authorizes the Administrator to require emissions sources, persons subject to the CAA, manufacturers of control or process equipment, or persons whom the Administrator believes may have necessary information to monitor and report emissions and provide such other information the Administrator requests for the purposes of carrying out any provision of the CAA.
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What should I consider as I prepare my comments to the EPA?
1. Submitting Comments That Contain CBI
Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. Send or deliver information identified as CBI to only the mail or hand/courier delivery address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028.
If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.
2. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other identifying information (e.g., subject heading, Federal Register date and page number).
Follow directions. The EPA may ask you to respond to specific questions or organize comments by referencing a CFR part or section number.
Explain why you agree or disagree, and suggest alternatives and substitute language for your requested changes.
Describe any assumptions and provide any technical information and/
or data that you used.
If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow us to reproduce your estimate.
Provide specific examples to illustrate your concerns and suggest alternatives.
Explain your views as clearly as possible, avoiding the use of profanity or personal threats.
Make sure to submit your information and comments by the comment period deadline identified in the preceding section titled DATES. To ensure proper receipt by the EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.
To expedite review of your comments by agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Carole Cook, U.S. EPA, Office of Atmospheric Programs, Climate Change Division, Mail Code 6207-J, Washington, DC, 20460, telephone (202) 343-9263, email GHGReportingCBI@epa.gov. You are also encouraged to send a separate copy of your CBI information to Carole Cook at the provided mailing address in the FOR FURTHER INFORMATION CONTACT section. Please do not send CBI to the electronic docket or by email.
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Background and General Rationale
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Background on Subpart W CBI Re-Proposal
On October 30, 2009, the EPA published the Mandatory Reporting of
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Greenhouse Gases Final Rule, 40 CFR part 98, for collecting information regarding greenhouse gases (GHGs) from a broad range of industry sectors (74 FR 56260). Under Part 98 and its subsequent amendments, certain facilities and suppliers above specified thresholds are required to report GHG information to the EPA annually. The data to be reported consist of GHG emission and supply information as well as other data, including information necessary to characterize, quantify, and verify the reported emissions and supplied quantities. In the preamble to Part 98, we stated, ``through a notice and comment process, we will establish those data elements that are `emissions data' and therefore under CAA section 114(c) will not be afforded the protections of CBI. As part of that exercise and in response to requests provided in comments, we may identify classes of information that are not emissions data, and are CBI'' (74 FR 56287, October 30, 2009).
On July 7, 2010, the EPA proposed confidentiality determinations for data elements of all GHGRP subparts of Part 98 (75 FR 39094, hereinafter referred to as the ``July 7, 2010 CBI Proposal'').
On May 26, 2011, the EPA published the final CBI determinations for the data elements in 34 Part 98 subparts, except for those data elements that were assigned to the ``Inputs to Emission Equations'' data category (76 FR 30782, hereinafter referred to as the ``Final CBI Rule''). That final rule did not include CBI determinations for subpart W for the reasons described above.
The Final CBI Rule: (1) Created and finalized 22 data categories for part 98 data elements; (2) assigned data elements in 34 subparts to appropriate data categories; (3) for 16 data categories, issued category-based final CBI determinations for all data elements assigned to the category; and (4) for the other five data categories (excluding the inputs to emission equations category), the EPA determined that the data elements assigned to those categories were not ``emission data'' but made individual final CBI determination for those data elements. Finally, the EPA did not make final confidentiality determinations for the data elements assigned to the ``Inputs to Emission Equations'' data category.
Subpart W reporting requirements were finalized on November 30, 2010 (75 FR 74458), and the EPA has published two revisions to the final subpart W reporting requirements since that data. On September 27, 2011, the EPA published the final rule: ``Mandatory Reporting of Greenhouse Gases: Petroleum and Natural Gas Systems: Revisions to Best Available Monitoring Method Provisions'' (76 FR 59533, hereinafter referred to as the ``BAMM Final Rule''), which revised certain BAMM extension request data elements and added a new data element in subpart W. Additionally, on December 23, 2011 the EPA published the final rule: ``Mandatory Reporting of Greenhouse Gases: Technical Revisions to the Petroleum and Natural Gas Systems Category of the Greenhouse Gas Reporting'' (76 FR 80554, hereinafter referred to as the ``Technical Revisions Rule''), which provided clarification on existing requirements, increased flexibility for certain calculation methods, amended data reporting requirements, clarified terms and definitions, and made technical corrections. This action finalized the addition or revision of over 200 subpart W data elements. Today's re-proposal of confidentiality determinations for data elements addresses the subpart W data elements as finalized, including the revisions in the BAMM Final Rule and Technical Revisions Rule.
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Background on Data Elements in the ``Inputs to Emission Equations'' Data Category
The EPA received numerous public comments on the July 7, 2010 CBI Proposal. In particular, the EPA received comments that raised serious concerns regarding the public availability of data in the ``Inputs to Emission Equations'' category. In light of those comments, the EPA took three concurrent actions, which are as follows:
Call for Information: Information on Inputs to Emission Equations under the Mandatory Reporting of Greenhouse Gases Rule, 75 FR 81366 (December 27, 2010) (hereinafter referred to as the ``Call for Information'').
Change to the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule; Proposed Rule, 75 FR 81350 (December 27, 2010) (hereinafter referred to as the ``Deferral Proposal'').
Interim Final Regulation Deferring the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule, 75 FR 81338 (December 27, 2010) (hereinafter referred to as the ``Interim Final Rule'').
On August 25, 2011, the EPA published the final ``Change to the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule'' (76 FR 53057, hereinafter referred to as the ``Final Deferral''). In that action, the EPA deferred the deadline for reporting some ``Inputs to Emission Equations'' data elements to March 31, 2013, and others to March 31, 2015. Data elements with the March 31, 2013 reporting deadline are identified in Table A-6 of subpart A and those with the March 31, 2015 reporting deadline are identified in Table A-7 to subpart A. For subpart W, the EPA deferred the reporting of all data elements classified as ``Inputs to Emission Equations'' as of the publication of the Final Deferral until March 31, 2015.
Currently, Table A-7 does not reflect the changes or additions to inputs to equations made in the Technical Revisions Rule. The agency is now addressing this in today's action.
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Re-Proposal of CBI Determinations for Subpart W
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Overview
We propose to assign each of the data elements in subpart W, a direct emitter subpart, to one of eleven direct emitter data categories created in the Final CBI Rule. As noted previously, for 8 of the 11 direct emitter categories, the EPA has made categorical confidentiality determinations, finalized in the Final CBI Rule. For these eight categories, the EPA is proposing to apply the categorical confidentiality determinations (made in the Final CBI Rule) to the subpart W reporting elements assigned to each of these categories.
In the Final CBI Rule, for 2 of the 11 data categories, the EPA did not make categorical confidentiality determinations, but rather made confidentiality determinations on an element by element basis. We are therefore following the same approach in this action for the subpart W reporting elements assigned to these 2 categories.
Lastly, in the Final CBI Rule, for the final data category, ``Inputs to Emissions Equations''; the EPA did not make a final confidentiality determination and indicated that this issue would be addressed in a future action. Please note that in the Final Deferral, the EPA already assigned certain subpart W data elements to the ``Inputs to Emission Equations'' data category. However, since then, 10 data elements were added to subpart W after the Final Deferral was promulgated. The EPA is proposing to assign these 10 new data elements to the ``Inputs to Emission Equations'' data category, as well as proposing to defer the reporting of these inputs until 2015. Please see the memorandum entitled ``Proposed Data Category Assignments for Subpart W'' in Docket ID No. EPA-
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HQ-OAR-2011-0028 for a listing of the data elements that the EPA is proposing to assign to this data category. Note that we are not proposing confidentiality determinations at this time for any subpart W data elements assigned to the ``Inputs to Emissions Equations'' data category and plan to propose confidentiality determinations for elements in this data category in a later action. Please see the following Web site for further information on this topic: http://www.epa.gov/climatechange/emissions/CBI.html.
Table 2 of this preamble summarizes the confidentiality determinations that were made in the Final CBI Rule for the following direct emitter data categories created in that notice. Please note that the ``Inputs to Emission Equations'' data category is excluded, as final determinations for that category have not yet been made.
Table 2--Summary of Final Confidentiality Determinations for Direct Emitter Data Categories
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Confidentiality determination for data elements
in each category
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Data category Data that are Data that are
Emission data not emission not emission
\a\ data and not data but are
CBI CBI \b\
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Facility and Unit Identifier Information..................... X ............... ...............
Emissions.................................................... X ............... ...............
Calculation Methodology and Methodological Tier.............. X ............... ...............
Data Elements Reported for Periods of Missing Data that are X ............... ...............
Not Inputs to Emission Equations............................
Unit/Process ``Static'' Characteristics that are Not Inputs ............... X \c\ X \c\
to Emission Equations.......................................
Unit/Process Operating Characteristics that are Not Inputs to ............... X \c\ X \c\
Emission Equations..........................................
Test and Calibration Methods................................. ............... X ...............
Production/Throughput Data that are Not Inputs to Emission ............... ............... X
Equations...................................................
Raw Materials Consumed that are Not Inputs to Emission ............... ............... X
Equations...................................................
Process-Specific and Vendor Data Submitted in BAMM Extension ............... ............... X
Requests....................................................
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\a\ Under CAA section 114(c), ``emission data'' are not entitled to confidential treatment. The term ``emission
data'' is defined at 40 CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered
CBI.
\c\ In the Final CBI Rule, this data category contains both data elements determined to be CBI and those
determined not to be CBI.
We are requesting comment on several aspects of this proposal. First, we seek comment on the proposed data category assignment for each of these data elements. If you believe that the EPA has improperly assigned certain data elements in this subpart to one of the data categories, please provide specific comments identifying which data elements may be mis-assigned along with a detailed explanation of why you believe them to be incorrectly assigned and in which data category you believe they best would belong.
Second, we seek comment on our proposal to apply the categorical confidentiality determinations (made in the Final CBI Rule for eight direct emitter data categories) to the data elements in subpart W that are assigned to those categories.
Third, for those data elements assigned to the two direct emitter data categories without categorical CBI determinations, we seek comment on the individual confidentiality determinations we are proposing for these data elements. If you comment on this issue, please provide specific comment along with detailed rationale and supporting information on whether such data element does or does not qualify as CBI.
Because this is a re-proposal, the EPA is not responding to previous comments submitted on the July 7, 2010 CBI Proposal relative to the data elements in this subpart. Although the EPA considered those comments when developing this re-proposal, we encourage you to resubmit all relevant comments to ensure their consideration by the EPA in this rulemaking. In resubmitting previous comments, please make any necessary changes to clarify that you are addressing the re-proposal and add details as requested in Section III.D of this preamble.
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Approach To Making Confidentiality Determinations
For a direct emitter subpart such as subpart W, the EPA proposes to assign each data element to one of 11 direct emitter data categories. As noted previously, the EPA made categorical confidentiality determinations for eight direct emitter data categories, and the EPA proposes to apply those final determinations to the subpart W data elements assigned to those categories in this rulemaking. For the data elements in the two non-inputs direct emitter data categories that do not have categorical confidentiality determinations, we are proposing to make confidentiality determinations on an individual data element basis.\1\
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\1\ As mentioned above, EPA determined that data elements in these two categories are not ``emission data'' under CAA section 114(c) and 40 CFR 2.301(a)(2)(i) for purposes of determining the GHG emissions to be reported under Part 98. That determination applies to data elements in subpart W assigned to those categories through this rulemaking.
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The following two direct emitter data categories do not have category-based CBI determinations: ``Unit/Process `Static' Characteristics That are Not Inputs to Emission Equations'' and ``Unit/
Process Operating Characteristics That are Not Inputs to Emission Equations.'' For these two categories, the EPA evaluated the individual data elements assigned to these categories to determine whether individual data elements qualify as CBI. In the sections below, the EPA explains the data elements in these two categories and states the reasons for proposing to determine that each does or does not qualify as CBI under CAA section 114(c). The EPA is specifically soliciting comments on the CBI proposals for data elements in these two data categories. In section III.C of this preamble, the data elements in these two data categories are listed individually by data category along with the proposed confidentiality determination. The data elements along with their proposed confidentiality determinations are also listed in the memorandum entitled ``Proposed Data Category Assignments for Subpart W'' in
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Docket ID No. EPA-HQ-OAR-2011-0028.
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Proposed Confidentiality Determinations for Individual Data Elements in Two Data Categories
The EPA is proposing to assign 28 subpart W data elements to the ``Unit/Process `Static' Characteristics that Are Not Inputs to Emission Equations'' data category because they are basic characteristics of units, equipment, abatement devices, and other facility-specific characteristics that do not vary with time or with the operations of the process (and are not inputs to emission equations). These 28 data elements are proposed as non-CBI with the rationales shown in Table 3 of this preamble as follows:
Table 3--Data Elements Proposed To Be Assigned to the ``Unit/Process `Static' Characteristics That Are Not
Inputs to Emission Equations'' Data Category
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Citation Data element Proposed rationale
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1 98.236c4iiiA.................... Count of absorbent Desiccant dehydrators are used to dehydrate
desiccant dehydrators. natural gas. The EPA is proposing that the
count of desiccant dehydrators (in addition to
the sizing) be non-CBI because the disclosure
of this type of information is not likely to
cause substantial competitive harm. Moreover,
these types of equipment are typically visible
on site even outside the fence-line at the
operating site and are usually not concealed
from public view. The EPA proposes that this
data be not confidential and considered non-
CBI.
2 98.236c8iA...................... Wellhead gas-liquid Separators are used to separate hydrocarbons
separator with oil into liquid and gas phases. Separators are
throughput greater than or typically connected to atmospheric storage
equal to 10 barrels per tanks (hydrocarbon tanks) where hydrocarbon
day, using Calculation liquids are stored. The number of wellhead
Methodology 1 and 2 of 40 separators sending oil to atmospheric tanks
CFR 98.233(j), where can vary widely depending on numerous
reported by sub-basin conditions, including the sizing of the tank
category: Number of and throughput of the separators, and the
wellhead separators number of parties involved with handling or
sending oil to atmospheric processing the separated constituents.
tanks. Information on the count of atmospheric
storage tanks with a throughput above 500
barrels of oil per day is already publicly
available in Title V permits under EPA's
National Emission Standards for Hazardous Air
Pollutants (NESHAP) Subpart HH \2\ for Oil and
Gas Production. Any additional information
required under subpart W regarding the number
of wellhead separators is the same type of
information already made publicly available
through the NESHAP and thus is a reasonable
expansion of that information. Further,
information about the number of wellhead
separators sending oil to atmospheric tanks
does not provide insight into the performance
(ability to separate hydrocarbon into
different phases) or the overall operational
efficiency for the facility that could cause
substantial competitive harm if disclosed. The
EPA proposes that this data be not
confidential and considered non-CBI.
3 98.236c8iD...................... Wellhead gas-liquid Information on the count of atmospheric storage
separator with oil tanks with a throughput above 500 barrels of
throughput greater than or oil per day is already publicly available in
equal to 10 barrels per Title V permits under EPA's National Emission
day, using Calculation Standards for Hazardous Air Pollutants
Methodology 1 and 2 of 40 (NESHAP) Subpart HH \3\ for Oil and Gas
CFR 98.233(j), reported by Production. Further, knowledge of whether the
sub-basin category: Count tanks are located on a well-pad or off a well-
of hydrocarbon tanks at pad does not provide any insight into the
well pads. operational characteristics of the facility,
nor does it provide insight into sensitive or
proprietary information about a facility, but
rather identifies the industry segment under
subpart W to which the tanks belong. The EPA
proposes that this data be not confidential
and considered non-CBI.
4 98.236c8iE...................... Wellhead gas-liquid Information on the count of stock tanks with a
separator with oil throughput above 500 barrels of oil per day is
throughput greater than or already publicly available in Title V permits
equal to 10 barrels per under EPA's National Emission Standards for
day, using Calculation Hazardous Air Pollutants (NESHAP) Subpart HH
Methodology 1 and 2 of 40 \4\ for Oil and Gas Production. Further,
CFR 98.233(j), reported by knowledge of whether the tanks are located on
sub-basin category: Best a well-pad or off a well-pad does not provide
estimate of count of stock any insight into the operational
tanks not at well pads characteristics of the facility, nor does it
receiving your oil. provide insight into sensitive or proprietary
information about a facility, but rather
identifies the industry segment under subpart
W to which the tanks belong. The EPA proposes
that this data be not confidential and
considered non-CBI.
5 98.236c8iG...................... Wellhead gas-liquid Atmospheric storage tanks receive and store
separator with oil hydrocarbon liquids typically from separators
throughput greater than or or from onshore production wells. Some tanks
equal to 10 barrels per are equipped with vapor recovery units or
day, using Calculation flares to control the tank emissions.
Methodology 1 and 2 of 40 Information on the emission control devices
CFR 98.233(j), reported by associated with tanks are included in Title V
sub-basin category: Count permits under EPA's National Emission
of tanks with emissions Standards for Hazardous Air Pollutants
control measures, either (NESHAP) Subpart HH for Oil and Gas
vapor recovery system or Production. Disclosure of this data does not
flaring, for tanks at well provide insight into the performance or the
pads. overall operational efficiency for the
facility that could cause substantial
competitive harm if disclosed. The EPA
proposes that this data be not confidential
and considered non-CBI.
Page 11045
6 98.236c8iH...................... Wellhead gas-liquid Atmospheric storage tanks (also known as stock
separator with oil tanks) receive and store hydrocarbon liquids
throughput greater than or typically from separators or from onshore
equal to 10 barrels per production wells. Some tanks are equipped with
day, using Calculation vapor recovery units or flares to control the
Methodology 1 and 2 of 40 tank emissions. Information on the emission
CFR 98.233(j), reported by control devices associated with tanks are
sub-basin category: Best included in Title V permits under EPA's
estimate of count of stock National Emission Standards for Hazardous Air
tanks assumed to have Pollutants (NESHAP) Subpart HH for Oil and Gas
emissions control measures Production. Disclosure of this data does not
not at well pads, provide insight into the performance or the
receiving your oil. overall operational efficiency for the
facility that could cause substantial
competitive harm if disclosed. The EPA
proposes that this data be not confidential
and considered non-CBI.
7 98.236c8iC...................... Wellhead gas-liquid API gravity is a measure of the relative
separator with oil density of liquid hydrocarbons and does not
throughput greater than or reveal the composition of the hydrocarbon
equal to 10 barrels per liquid or the reporter's productivity. Data on
day, using Calculation the sales oil stabilized API gravity are made
Methodology 1 and 2 of 40 publicly available by many state agencies
CFR 98.233(j), reported by (e.g., the Railroad Commission of Texas).
sub-basin category: Further, information about API gravity does
Estimated average sales not provide insight into the performance or
oil stabilized API gravity the operational efficiency for onshore
(degrees) (when using petroleum and natural gas production
methodology 1). facilities that could cause substantial
competitive harm if disclosed. Moreover, this
data is reported as an average for a sub-
basin, which further diminishes any possible
sensitivity. Because this information is
publicly available and is reported only as an
average for the sub-basin, the EPA proposes
this data be not confidential and considered
non-CBI.
8 98.236c8iC...................... Wellhead gas-liquid API gravity is a measure of the relative
separator with oil density of liquid hydrocarbons and does not
throughput greater than or reveal the composition of the hydrocarbon
equal to 10 barrels per liquid or the reporter's productivity. Data on
day, using Calculation the sales oil stabilized API gravity are made
Methodology 1 and 2 of 40 public by many state agencies (e.g., the
CFR 98.233(j), reported by Railroad Commission of Texas). Further,
sub-basin category: information about API gravity does not provide
Estimated average sales insight into the performance or the
oil stabilized API gravity operational efficiency for onshore petroleum
(degrees) (when using and natural gas production facilities that
methodology 2). could cause substantial competitive harm if
disclosed. Moreover, this data is reported as
an average for a sub-basin, which further
diminishes any possible sensitivity. Because
this information is publicly available and is
reported as an average for the sub-basin, the
EPA proposes that this data be not
confidential and considered non-CBI.
9 98.236c8iiiE.................... Wellhead gas-liquid Information on the count of atmospheric storage
separators and wells with tanks with a throughput above 500 barrels of
throughput less than 10 oil per day is already publicly available in
barrels per day, using Title V permits under EPA's National Emission
Calculation Methodology 5 Standards for Hazardous Air Pollutants
of 40 CFR 98.233(j) (NESHAP) Subpart HH \5\ for Oil and Gas
Equation W-15 of 40 CFR Production. Further, knowledge of whether the
98.233: Count of tanks are located on a well-pad or off a well-
hydrocarbon tanks on well pad does not provide any insight into the
pads. operational characteristics of the facility,
nor does it provide insight into sensitive or
proprietary information about a facility, but
rather identifies the industry segment under
subpart W to which the tanks belong. The EPA
proposes that this data be not confidential
and considered non-CBI.
10 98.236c8iiF.................... Wells with oil production Atmospheric storage tanks (also known as
greater than or equal to hydrocarbon tanks) receive and store
10 barrels per day, using hydrocarbon liquids typically from separators
Calculation Methodology 3 or from onshore production wells. Some tanks
and 4 of 40 CFR 98.233(j), are equipped with vapor recovery units or
where the following by sub- flares to control the tank emissions.
basin category are Information on the emission control devices
reported: Count of associated with tanks are included in Title V
hydrocarbon tanks, both on permits under EPA's National Emission
and off well pads assumed Standards for Hazardous Air Pollutants
to have emissions control (NESHAP) Subpart HH for Oil and Gas
measures: either vapor Production. Disclosure of this data does not
recovery system or flaring provide insight into the performance or the
of tank vapors. overall operational efficiency for the
facility that could cause substantial
competitive harm if disclosed. The EPA
proposes that this data be not confidential
and considered non-CBI.
11 98.236c8iiC.................... Wells with oil production Information on the number of wells and their
greater than or equal to characteristics, including production levels,
10 barrels per day, using is publicly available through many published
Calculation Methodology 3 sources, including the U.S. Energy Information
and 4 of 40 CFR 98.233(j), Administration,\6\ and through commercial
where the following by sub- databases that are available to the public for
basin category are purchase.\7\ Although information on the
reported: Total number of number of wells sending oil to separators that
wells sending oil to are located off well pads may not be readily
separators off the well available from public data sources, it can
pads. generally be assumed that oil producing wells
send oil either to separators or tanks that
are either located on a well pad or off a well
pad. Although, in some cases, oil is sent
directly to tanks and not first sent to
separators, this is more a function of the
characteristics of the oil and is not
correlated with sensitive or proprietary
information about the facility or its
processes. Thus, disclosure of this data does
not provide insight into the performance or
the overall operational efficiency for the
facility that could cause substantial
competitive harm if disclosed. Because
information on oil producing wells is already
publicly available, the EPA proposes to
determine that these data elements are not
confidential; they will be considered non-CBI.
Page 11046
12 98.236c8iiB.................... Wells with oil production Information on the number of wells and their
greater than or equal to characteristics, including production levels,
10 barrels per day, using is publicly available through many published
Calculation Methodology 3 sources, including the U.S. Energy Information
and 4 of 40 CFR 98.233(j), Administration,\8\ and through commercial
where the following by sub- databases that are available to the public for
basin category are purchase.\9\ Although information on the
reported: Total number of number of wells sending oil directly to
wells sending oil directly storage tanks may not be readily available in
to tanks. public data sources, it can generally be
assumed that oil producing wells send oil
either to separators or tanks. While in some
cases, oil is sent directly to tanks and not
first sent to separators, this is more a
function of the characteristics of the oil and
is not correlated with sensitive or
proprietary information about the facility or
its processes. Thus, disclosure of this data
does not provide insight into the performance
or the overall operational efficiency for the
facility that could cause substantial
competitive harm if disclosed. Because
information on oil producing wells is already
publicly available, the EPA proposes to
determine that these data elements are not
confidential; they will be considered non-CBI.
13 98.236c8iiD.................... Wells with oil production API gravity is a measure of the relative
greater than or equal to density of liquid hydrocarbons and does not
10 barrels per day, using reveal the composition of the hydrocarbon
Calculation Methodology 3 liquid or the reporter's productivity. Data on
and 4 of 40 CFR 98.233(j), the sales oil stabilized API gravity are made
where the following by sub- public by many state agencies (e.g., the
basin category are Railroad Commission of Texas). Further,
reported: Sales oil API information about API gravity does not provide
gravity range (degrees) insight into the performance or the
for wells in 40 CFR operational efficiency for onshore petroleum
98.236(c)(8)(ii)(B) and and natural gas production facilities that
(C). would likely cause substantial competitive
harm if disclosed. Moreover, this data is
reported as a range within a sub-basin and not
for individual wells, which further diminishes
any possible sensitivity. Because this
information is publicly available, and also is
reported as an average for the sub-basin
category, the EPA proposes that this data be
not confidential and considered non-CBI.
14 98.236c8iiE.................... Wells with oil production Information on the count of atmospheric storage
greater than or equal to tanks with a throughput above 500 barrels of
10 barrels per day, using oil per day is already publicly available in
Calculation Methodology 3 Title V permits under EPA's National Emission
and 4 of 40 CFR 98.233(j), Standards for Hazardous Air Pollutants
where the following by sub- (NESHAP) Subpart HH \10\ for Oil and Gas
basin category are Production. Further, knowledge of whether the
reported: Count of tanks are located on a well-pad or off a well-
hydrocarbon tanks on well pad does not provide any insight into the
pads. operational characteristics of the facility.
Nor does it provide insight into sensitive or
proprietary information about a facility, but
rather identifies the industry segment under
subpart W to which the tanks belong. The EPA
proposes that this data be not confidential
and considered non-CBI.
15 98.236c5iE..................... Well venting for liquids The well casing diameter is the diameter of the
unloading, for Calculation pipe inserted into a recently drilled section
Methodology 1, where the of a borehole during the well drilling
following by each tubing process. Data on well casing diameter are
diameter group and publicly available from vendors of casing
pressure group combination pipes. Further, information about well casing
within each sub-basin diameter does not provide insight into the
category are reported: performance or the operational efficiency for
Average casing diameter or onshore petroleum and natural gas production
internal tubing diameter, facilities that would likely cause substantial
where applicable. competitive harm if disclosed. Moreover,
facilities report this information for one
well used to represent the remaining wells in
a group. This data element is not necessarily
the same for other wells in the same tubing
size and pressure group combination and
therefore, does not reveal sufficient data to
characterize the operations of a particular
business or compromise any of its business
advantages. Thus, the sensitivity of these
data elements is further diminished. Because
this information is publicly available and
also is reported as an average for a group of
wells, the EPA proposes that this data be not
confidential and considered non-CBI.
16 98.236c5iE..................... Well venting for liquids The well depth is the depth of a hydrocarbon
unloading, for Calculation well. Data on well depth is publicly available
Methodology 1, where the from State Oil and Gas Commission websites and
following by each tubing through commercial databases available to the
diameter group and public for purchase.\7\ Information about well
pressure group combination depth does not provide insight into the
within each sub-basin performance or the operational efficiency of
category are reported: onshore petroleum and natural gas production
Well depth of each well facilities that would likely cause substantial
selected to represent competitive harm if disclosed. Moreover,
emissions in that tubing facilities report this information for one
size and pressure well used to represent the remaining wells in
combination. a group. This data element is not necessarily
the same for other wells in the same tubing
size and pressure group combination and
therefore, does not reveal sufficient data to
characterize the operations of a particular
business or compromise any of its business
advantages. Thus, the sensitivity of this data
element is further diminished. Because this
information is publicly available, and also is
reported as representative of wells in the
same group, the EPA proposes that this data be
not confidential and considered non-CBI.
Page 11047
17 98.236c5iF..................... Well venting for liquids The casing pressure refers to the pressure of
unloading, for Calculation the casing of a hydrocarbon well. Data on
Methodology 1, where the casing pressure is publicly available from
following by each tubing State Oil and Gas Commission websites and
diameter group and through commercial databases available to the
pressure group combination public for purchase.\7\ Information about
within each sub-basin casing pressure does not provide insight into
category are reported: the performance or the operational efficiency
Casing pressure of each for onshore petroleum and natural gas
well selected to represent production facilities that would likely cause
emissions in that tubing substantial competitive harm if disclosed.
size group and pressure Moreover, facilities report this information
group combination that for one well used to represent the remaining
does not have a plunger wells in a group. This data element is not
lift, pounds per square necessarily the same for other wells in the
inch (psia). same tubing size and pressure group
combination and therefore does not reveal
sufficient data to characterize the operations
of a particular business or compromise its
business advantage. Thus, the sensitivity of
this data element is further diminished.
Because this information is publicly available
and also is reported as a representative
number in a sub-basin, the EPA proposes that
this data be not confidential and considered
non-CBI.
18 98.236c5iG..................... Well venting for liquids Data on tubing pressure is publicly available
unloading, for Calculation from State Oil and Gas Commission websites and
Methodology 1, where the through commercial databases available to the
following by each tubing public for purchase.\7\ Information about
diameter group and tubing pressure does not provide insight into
pressure group combination the performance or the operational efficiency
within each sub-basin for onshore petroleum and natural gas
category are reported: production facilities that would likely cause
Tubing pressure of each substantial competitive harm if disclosed.
well selected to represent Moreover, facilities report this information
emissions in a tubing size for one well used to represent the remaining
group and pressure group wells in a group. This data element is not
combination that has a necessarily the same for other wells in the
plunger lift (psia). same tubing size and pressure group
combination and therefore does not reveal
sufficient data to characterize the operations
of a particular business or compromise any of
its business advantages. Thus, the sensitivity
of this data element is further diminished.
Because this information is publicly
available, the EPA proposes that this data be
not confidential and considered non-CBI.
19 98.236c5iiD.................... Well venting for liquids The well casing diameter is the diameter of the
unloading, for Calculation pipe inserted into a recently drilled section
Methodologies 2 and 3, of a borehole during the well drilling
where the following for process. Data on well casing diameter are
each sub-basin category publicly available from vendors of casing
are reported: Average pipes. Information about well casing diameter
internal casing diameter, does not provide insight into the performance
in inches, of each well, or the operational efficiency of onshore
where applicable. petroleum and natural gas production
facilities that would likely cause substantial
competitive harm if disclosed. Because this
information is publicly available and also is
reported as an average for each sub-basin
category, the EPA proposes that this data be
not confidential and considered non-CBI.
20 98.236c13iA.................... Each centrifugal compressor Wet seals form the barrier that keeps gas from
with wet seals in seeping through the gap between the compressor
operational mode, where shaft and the compressor casing. Information
the following for each about the number of wet seals connected to the
degassing vent are degassing vent of a centrifugal compressor
reported: Number of wet does not provide valuable insight into the
seals connected to the performance or the operational efficiency of
degassing vent. the reporting facility, but rather provides
insight into the characteristics of a piece of
equipment. Overall, the number of wet seals
that are connected to a degassing vent is more
a matter of operational convenience and does
not reveal any process related information.
The EPA proposes that this data element not be
confidential and considered non-CBI.
21 98.236c16i..................... Local distribution The number of above grade transmission-
companies: Number of above distribution (T-D) transfer stations is the
grade T-D transfer number of stations where gas is transferred
stations in the facility. from a transmission pipeline to a distribution
pipeline in a natural gas distribution
facility. A larger number of T-D transfer
stations could suggest that a larger quantity
of gas is transferred into the LDC
distribution network, however, this is not a
definite or direct correlation. The amount of
gas transferred can vary drastically depending
on the operations of a local distribution
company (LDC). Therefore, information about
the number of above grade T-D transfer
stations does not provide direct insight into
the performance or the operational efficiency
for LDCs. Moreover, even if throughput data
could be inferred from the number of T-D
transfer stations, the throughput data is
already publicly available by company and
state through EIA\11\, therefore further
diminishing its sensitivity. The EPA is
proposing that this data be not confidential
and considered non-CBI.
Page 11048
22 98.236c16iv.................... Local distribution The number of below grade transmission-
companies: Report total distribution (T-D) transfer stations is the
number of below grade T-D number of stations located underground where
transfer stations in the gas is transferred from a transmission
facility. pipeline to a distribution pipeline in a
natural gas distribution facility. A larger
number of T-D transfer stations could suggest
that a larger quantity of gas is transferred
into the local distribution company (LDC)
distribution network, however, this is not a
definite or direct correlation. The amount of
gas transferred can vary drastically depending
on the operations of a LDC. Therefore,
information about the number of below grade T-
D transfer stations does not provide direct
insight into the performance or the
operational efficiency for LDCs. Moreover,
even if throughput data could be inferred from
the number of T-D transfer stations, the
throughput data is already publicly available
by company and state through EIA,\12\
therefore further diminishing its sensitivity.
The EPA is proposing that this data be not
confidential and considered non-CBI.
23 98.236c16v..................... Local distribution The number of above grade metering-regulating
companies: Report total stations is the number of stations located
number of above grade above ground where gas is metered, pressure
metering-regulating regulated, or both, in a natural gas
stations (which includes distribution facility. This count includes the
above grade T-D transfer number of above grade T-D transfer stations,
stations) in the facility. where gas is transferred from a transmission
pipeline to a distribution pipeline in a
natural gas distribution facility. A larger
number of metering-regulating stations could
suggest that a larger quantity of gas is
transferred into the LDC distribution network,
however, this is not a definite or direct
correlation. The amount of gas transferred can
vary drastically depending on the operations
of a local distribution company (LDC).
Therefore, information about the number of
above grade metering-regulating stations does
not provide direct insight into the
performance or the operational efficiency for
LDCs. Moreover, even if throughput data could
be inferred from the number of metering-
regulating stations, the throughput data is
already publicly available by company and
state through EIA,\13\ therefore further
diminishing its sensitivity. The EPA is
proposing that this data be not confidential
and considered non-CBI.
24 98.236c16vi.................... Local distribution The number of below grade metering-regulating
companies: Report total stations is the number of stations located
number of below grade below ground where gas is metered, pressure
metering-regulating regulated, or both, in a natural gas
stations (which includes distribution facility. This count includes the
below grade T-D transfer number of below grade T-D transfer stations,
stations) in the facility. where gas is transferred from a transmission
pipeline to a distribution pipeline in a
natural gas distribution facility. A larger
number of metering-regulating stations could
suggest that a larger quantity of gas is
transferred into the LDC distribution network,
however, this is not a definite or direct
correlation. The amount of gas transferred can
vary drastically depending on the operations
of a local distribution company (LDC).
Therefore, information about the number of
below grade metering-regulating stations does
not provide direct insight into the
performance or the operational efficiency for
LDCs. Moreover, even if throughput data could
be inferred from the number of metering-
regulating stations, the throughput data is
already publicly available by company and
state through EIA,\14\ therefore further
diminishing its sensitivity. The EPA is
proposing that this data be not confidential
and considered non-CBI.
25 98.236c17i..................... Each EOR injection pump Pump capacity, which will be reported by EOR
blowdown: Pump capacity operations in the onshore production segment
(barrels per day). only, can be estimated from the quantity of
CO2 injected, because the pump capacity is
proportional to the volume of CO2 that the
pump is pumping (i.e., the volume of CO2e
reported). Therefore, if the volume of CO2
that was pumped is known, then the pump's
capacity can be estimated to be between 150 to
200 percent greater than the reported volume,
to handle fluctuations in CO2 loads. The
quantity of CO2 injected can be determined
from Underground Injection Control (UIC)
permits, which are issued for each injection
well by the EPA or by states that have primary
enforcement authority for permitting injection
wells. Information related to UIC permits is
reported to the EPA or states at least
annually and made available to the public
either through state websites or upon request
from the public. Finally, knowing the pump
capacity does not result in any competitive
disadvantage to the reporter, because the
injection volume of the pump, which is related
to throughput of the pump, is publicly
available through the EPA's UIC program. The
EPA proposes that the subpart W pump capacity
data element not be treated as confidential,
because it can be estimated using publicly
available data, to a level of accuracy that
substantially diminishes the potential harm of
releasing this data. Although a competitor can
use this information to estimate injection or
oil production volumes, such information is
already publicly available. The EPA is
proposing that this data be not confidential;
and considered non-CBI.
Page 11049
26 98.236c19i..................... Onshore petroleum and The number of external combustion units with
natural gas production and heat input capacities equal to or less than
natural gas distribution 5mmBtu/hour reveals nothing about the
combustion emissions: productivity of a business's operation (e.g.,
Cumulative number of capacity information). Information about the
external fuel combustion cumulative number of external fuel combustion
units with a rated heat units with specified heat capacities does not
capacity equal to or less provide insight into the performance or the
than 5 mmBtu/hr, by type operational efficiency for a facility that
of unit. would likely cause substantial competitive
harm if disclosed. Furthermore, technical
specifications and operational details, such
as hours of operation, are not revealed
through this data element and hence cannot be
used to determine throughput from each
compressor. Moreover, throughput data for each
facility is publicly available.\7\ Thus, this
data element does not compromise confidential
business information that will harm the
business' competitive advantage, because the
information that is revealed by this data
element is already publicly available. The EPA
is proposing that this data be not
confidential and considered non-CBI.
27 98.236c19ii.................... Onshore petroleum and The number of external combustion units with
natural gas production and heat input capacities greater than 5mmBtu/hour
natural gas distribution reveals nothing about the productivity of a
combustion emissions: business's operation (e.g., capacity
Cumulative number of information). Information about the cumulative
external fuel combustion number of external fuel combustion units with
units with a rated heat specified heat capacities does not provide
capacity larger than 5 insight into the performance or the
mmBtu/hr, by type of unit. operational efficiency for a facility that
would likely cause substantial competitive
harm if disclosed. Furthermore, technical
specifications and operational details, such
as hours of operation, are not revealed
through these data elements and hence cannot
be used to determine throughput from each
compressor. Moreover, throughput data for each
facility is already publicly available.\7\
Thus, this data element does not compromise
confidential business information that will
harm the business's competitive advantage,
because the information that is revealed by
this data element is already publicly
available. The EPA is proposing that this data
be not confidential and considered non-CBI.
28 98.236c19v..................... Onshore petroleum and The number of internal combustion units (other
natural gas production and than compressor drivers) with a rated heat
natural gas distribution input capacity of 1 mmBtu/hour or less (130
combustion emissions: HP) reveals nothing about the productivity of
Cumulative number of a business's operation (e.g., capacity
internal fuel combustion information). Information about the cumulative
units, not compressor- number of internal fuel combustion units with
drivers, with a rated heat specified heat capacities does not provide
capacity equal to or less insight into the performance or the
than 1 mmBtu/hr or 130 operational efficiency for a facility that
horse power, by type of would likely cause substantial competitive
unit. harm if disclosed. Furthermore, technical
specifications and operational details, such
as hours of operation, are not revealed
through this data element and hence cannot be
used to determine throughput from each
compressor. Moreover, throughput data for each
facility is already available in the public
domain \7\. Thus, this data element does not
compromise confidential business information
that will harm the business's competitive
advantage, because the information that is
revealed by this data element is already
publicly available. The EPA is proposing that
this data be not confidential and considered
non-CBI.
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\2\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
\3\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
\4\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
\5\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
\6\ http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm.
\7\ http://www.didesktop.com/products/.
\8\ http://www.eia.gov/dnav/ng/ng_prod_wells_s1_a.htm.
\9\ http://www.didesktop.com/products/.
\10\ http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3751089d31ea79d2273ed12c4f723ba9&rgn=div6&view=text&node=40:10.0.1.1.1.8&idno=40.
\11\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\12\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\13\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\14\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
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The EPA is proposing to assign 38 subpart W data elements to the ``Unit/process Operating Characteristics that Are Not Inputs to Emission Equations'' data category, because they are characteristics of equipment, such as wells and plunger lifts, abatement devices, and other facility-specific characteristics that vary over time with changes in operations and processes (and are not inputs to emission equations). Some of these elements are part of extension requests for the use of BAMM and generally relate to the reasons for a request and expected dates of compliance with regular reporting requirements. The remaining data elements are part of the annual GHG report for 40 CFR part 98, subpart W. All of the 38 data elements are listed below. Of the 38 data elements, elements 1 thru 37 are proposed as non-CBI, while data element 38 is proposed to be CBI, as explained in Table 4 of this preamble:
Page 11050
Table 4--Data Elements Proposed to be Assigned to the ``Unit/Process Operating Characteristics That are Not
Inputs to Emission Equations'' Data Category
----------------------------------------------------------------------------------------------------------------
Citation Data element Proposed rationale
----------------------------------------------------------------------------------------------------------------
1 98.236c4iiB..................... All glycol dehydrator with A glycol dehydration unit is a process unit
throughput less than 0.4 that separates liquids from a natural gas
MMscfd: Which vent gas stream using diethylene glycol (DEG) or
controls are used. triethylene glycol (TEG). Information on the
types of vent gas controls used for glycol
dehydrators does not provide insight into the
facility's performance or operational
efficiency that would likely result in
substantial competitive harm if disclosed.
Furthermore, information about the types of
vent gas controls typically used at petroleum
and natural gas facilities is publicly
available through EPA's Natural Gas Star
Program technology fact sheets. The EPA is
proposing that this data element is not
confidential; and that it will be considered
non-CBI.
2 98.236c5iB...................... Well venting for liquids A plunger lift system is an artificial liquid
unloading, for Calculation lift mechanism that includes a plunger
Methodology 1, where the (tubular steel structure with valves) that
following by each tubing rests at the bottom of a wellbore on a spring
diameter group and loaded base. As gas is produced through the
pressure group combination natural gas well, liquids accumulate on top of
within each sub-basin the plunger and gradually reduce the flow rate
category are reported: of natural gas. To expel the liquids from the
Whether the selected well well, the well is shut-in, at which point the
from the tubing diameter casing pressure builds up and pushes the
and pressure group plunger to the surface preceded by the liquids
combination had a plunger in the wellbore. Information on whether or not
lift (yes/no). such artificial lift systems are being used
for a given well would not provide insight
into the performance or the operational
efficiency of the facility because knowing
those operational characteristics of a
facility would not result in compromising a
reporter's competitive advantage. Furthermore,
the production and throughput data are already
publicly available.\15\ The EPA is proposing
that this data element is not confidential;
and that it will be considered non-CBI.
3 98.236c5iB...................... Well venting for liquids A plunger lift system is an artificial liquid
unloading, for Calculation lift mechanism that includes a plunger
Methodology 1, where the (tubular steel structure with valves) that
following by each tubing rests at the bottom of a wellbore on a spring
diameter group and loaded base. As gas is produced through the
pressure group combination natural gas well, liquids accumulate on top of
within each sub-basin the plunger and gradually reduce the flow rate
category are reported: of natural gas. To expel the liquids from the
Count of plunger lifts. well, the well is shut-in, at which point the
casing pressure builds up and pushes the
plunger to the surface preceded by the liquids
in the wellbore. Information on the count of
plunger lifts at a sub-basin level for a given
facility does not reveal any sensitive
information at a facility and would likely not
cause competitive harm if disclosed. The EPA
is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
4 98.236c5iA...................... Well venting for liquids Liquid unloading is conducted in mature gas
unloading, for Calculation wells that have an accumulation of liquids
Methodology 1, report the that impedes the steady flow of natural gas.
following by each tubing This is a common occurrence in reservoirs
diameter group and where the pressure is depleted and liquids
pressure group combination enter the wellbore. Information on the number
within each sub-basin of wells vented to the atmosphere for the
category are reported: purposes of unloading liquids or the frequency
Count of wells vented to of the unloadings does not provide insight
the atmosphere for liquids into sensitive or proprietary information
unloading. about a facility, but rather may give a sense
of the relative vintage of the well and about
production rates for a given well, which are
already publicly available through state oil
and gas commissions and commercial
databases.\16\ Hence, information on the count
of wells vented to the atmosphere for liquids
unloading does not reveal any sensitive
information at a facility and would likely not
cause competitive harm if disclosed. The EPA
is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
5 98.236c5iC...................... Well venting for liquids Liquid unloading is conducted in mature gas
unloading, for Calculation wells that have an accumulation of liquids
Methodology 1, report the that impedes the steady flow of natural gas.
following by each tubing This is a common occurrence in reservoirs
diameter group and where the pressure is depleted and liquids
pressure group combination enter the wellbore. Information on the number
within each sub-basin of wells vented to the atmosphere for the
category are reported: purposes of unloading liquids or the frequency
Cumulative number of of the unloadings does not provide insight
unloadings vented to the into sensitive or proprietary information
atmosphere. about a facility, but rather may give a sense
of the relative vintage of the well and about
production rates for a given well, which are
already publicly available through state oil
and gas commissions and commercial databases
\16\. Hence, information on the count of wells
vented to the atmosphere for liquids unloading
does not reveal any sensitive information at a
facility and would likely not cause
competitive harm if disclosed. The EPA is
proposing that this data element is not
confidential; and that it will be considered
non-CBI.
Page 11051
6 98.236c5iiA..................... Well venting for liquids Liquid unloading is conducted in mature gas
unloading, for Calculation wells that have an accumulation of liquids
Methodologies 2 and 3, which impedes the steady flow of natural gas.
report the following for This is a common occurrence in reservoirs
each sub-basin category where the pressure is depleted and liquids
are reported: Count of enter the wellbore. Information on the number
wells vented to the of wells vented to the atmosphere for the
atmosphere for liquids purposes of unloading liquids or the frequency
unloading. of the unloadings does not provide insight
into sensitive or proprietary information
about a facility, but rather may give a sense
of the relative vintage of the well and about
production rates for a given well, which are
already publicly available through state oil
and gas commissions and commercial
databases.\16\. Hence, information on the
count of wells vented to the atmosphere for
liquids unloading does not reveal any
sensitive information at a facility and would
likely not cause competitive harm if
disclosed. The EPA is proposing that this data
element is not confidential; and that it will
be considered non-CBI.
7 98.236c5iiB..................... Well venting for liquids A plunger lift systems is an artificial liquid
unloading, for Calculation lift mechanism that includes a plunger
Methodologies 2 and 3, (tubular steel structure with valves) that
where the following by rests at the bottom of a wellbore on a spring
each tubing diameter group loaded base. As gas is produced through the
and pressure group natural gas well, liquids accumulate on top of
combination within each the plunger and gradually reduce the flow rate
sub-basin category are of natural gas. To expel the liquids from the
reported: Count of plunger well, the well is shut-in, at which point the
lifts. casing pressure builds up and pushes the
plunger to the surface preceded by the liquids
in the wellbore. Information on the count of
plunger lifts at a sub-basin level for a given
facility does not reveal any sensitive
information at a facility and would likely not
cause competitive harm if disclosed. The EPA
is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
8 98.236c6iA...................... Gas well completions with The term ``well completions'' commonly refers
hydraulic fracturing, to the process of cleaning the wellbore of
report the following for drill cuttings, cutting fluids, and proppants
each sub-basin and well (when a well is hydraulically fractured) after
type (horizontal or the well has been drilled. Information on the
vertical) combination: number of completions performed by an oil and
Total count of completions gas operator in a given year is available
in calendar year. publicly on state oil and gas commission Web
sites, commercial oil and gas databases,\17\
and also is available publicly through the
EIA. Therefore, the EPA is proposing that this
data element is not confidential; and that it
will be considered non-CBI.
9 98.236c6iG...................... Gas well completions with The term ``well completions'' commonly refers
hydraulic fracturing, to the process of cleaning the wellbore of
where the following for drill cuttings, cutting fluids, and proppants
each sub-basin and well (when a well is hydraulically fractured) after
type (horizontal or the well has been drilled. Hydraulically
vertical) combination are fractured wells result in significantly higher
reported: Number of backflow gas in comparison to conventional
completions employing wells without hydraulic fracturing.
purposely designed Completions on a subset of the hydraulically
equipment that separates fractured wells may be performed using
natural gas from the purposely designed equipment that separates
backflow. natural gas from the backflow, generally
referred to as reduced emission completions.
Information on the number of completions
performed by an oil and gas operator in a
given year is available publicly on state oil
and gas commission Web sites, and also is
available publicly through the EIA. The amount
of estimated emissions resulting from well
completions and workovers with hydraulic
fracturing employing purposely designed
equipment that separates natural gas from the
backflow is publicly available in the National
Inventory. The disclosure of the number of
completions employing purposely designed
equipment that separates natural gas from the
backflow is not likely to cause substantial
competitive harm because throughput data are
already publicly available through the
EIA.\18\ Therefore, the EPA is proposing that
this data element is not confidential; and
that it will be considered non-CBI.
10 98.236c6iC..................... Gas well workovers with As natural gas wells mature, the production
hydraulic fracturing, from the well decreases. Often such mature
report the following for wells are hydraulically fractured to increase
each sub-basin and well production and the wells are re-completed.
type (horizontal or Information on the number of workovers
vertical) combination: performed nationally in a given year is
Total count of workovers available through the U.S. National Inventory.
in calendar year that Knowing that wells are being worked over can
flare gas or vent gas to only give a sense of the relative vintage of
the atmosphere. the well and increase in production rates.
However, the information on age and production
throughput is available through oil and gas
commissions and commercial databases as well
as the EIA.\19\ Hence, information on the
count of wells that undergo workovers does not
reveal any sensitive information at a facility
and would likely not cause competitive harm if
disclosed. The EPA is proposing that this data
element is not confidential; and that it will
be considered non-CBI.
Page 11052
11 98.236c6iH..................... Gas well workovers with As natural gas wells mature, the production
hydraulic fracturing, from the well decreases. Often such mature
where the following for wells are hydraulically fractured to increase
each sub-basin and well production and the wells are re-completed.
type (horizontal or Information on the number of workovers
vertical) combination are performed by oil and gas operators in a given
reported: Number of year is available publicly through the U.S.
workovers employing National Inventory. The amount of estimated
purposely designed emissions resulting from well completions and
equipment that separates workovers with hydraulic fracturing employing
natural gas from the purposely designed equipment that separates
backflow. natural gas from the backflow is publicly
available in the National Inventory. The
amount of natural gas captured through reduced
emission completions from well workovers gives
a sense of the mitigation of GHGs and increase
in throughput, i.e. gas production. However,
throughput information is already available
through oil and gas commission Web sites and
commercial oil and gas databases as well as
the EIA.\20\ Therefore, the disclosure of the
information on the number of workovers
employing purposely-designed equipment that
separates natural gas from the backflow is not
likely to cause substantial competitive harm.
The EPA is proposing that this data element is
not confidential; and that it will be
considered non-CBI.
12 98.236c6iiC.................... Gas well completions and The term ``well completions'' commonly refers
workovers without to the process of cleaning the wellbore of
hydraulic fracturing: drill cuttings, cutting fluids, and proppants
Total number of days of (when well is hydraulically fractured) after
gas venting to the the well has been drilled. Information on the
atmosphere during backflow number of completions performed by an oil and
for completion. gas operator in a given year is available
publicly on state oil and gas commission Web
sites, and through the EIA. Furthermore, the
disclosure of information on the total number
of days of gas venting to the atmosphere
during backflow for completion is not likely
to cause substantial competitive harm because
it does not reveal sensitive or proprietary
information about the facility. Therefore, the
disclosure of the information on the number of
days of backflow during completions is not
likely to cause substantial competitive harm.
The EPA is proposing that this data element is
not confidential; and that it will be
considered non-CBI.
13 98.236c7iA..................... For blowdown vent stack When equipment is taken out of service either
emission source, for each to be placed in standby or for maintenance
unique physical volume purposes, the natural gas in the equipment is
that is blown down more typically released to the atmosphere. Such a
than once during the practice is called blowdown. Blowdowns in a
calendar year: Total facility, unless for planned maintenance, are
number of blowdowns for usually un-planned events. The number of
each unique physical blowdowns does not provide any process
volume in the calendar specific information, such as how long the
year (when using Eq. W- equipment has been operating or at what
14B). efficiency. Hence, the disclosure of the
information on the number of blowdowns is not
likely to cause substantial competitive harm.
The EPA is proposing that this data element is
not confidential; and that it will be
considered non-CBI.
14 98.236c7iiA.................... For blowdown vent stack When equipment is taken out of service either
emission source, for all to be placed in standby or for maintenance
unique volumes that are purposes, the natural gas in the equipment is
blown down once during the typically released to the atmosphere. Such a
calendar year: Total practice is called blowdown. Blowdowns in a
number of blowdowns for facility, unless for planned maintenance, are
all unique physical usually un-planned events. The number of
volumes in the calendar blowdowns does not provide any process
year. specific information, such as how long the
equipment has been operating or at what
efficiency. Hence, the disclosure of the
information on the number of blowdowns is not
likely to cause substantial competitive harm.
The EPA is proposing that this data element is
not confidential; and that it will be
considered non-CBI.
15 98.236c8iB..................... Wellhead gas-liquid Separators are used to separate hydrocarbons
separator with oil into liquid and gas phases. Separators are
throughput greater than or typically connected to atmospheric storage
equal to 10 barrels per tanks (hydrocarbon tanks) where hydrocarbon
day, using Calculation liquids are stored. Characteristics of the
Methodology 1 and 2 of 40 separator, such as temperature and pressure,
CFR 98.233(j), reported by may vary widely and are dependant on the
sub-basin category: particular characteristics of the oil entering
Estimated average the separator. Information about the
separator temperature temperature of the separator does not provide
(degrees Fahrenheit) (when insight into the performance or the
using methodology 1). operational efficiency of the separator that
would likely cause substantial competitive
harm if disclosed, because general information
about throughput, which may be inferred when
combined with other information, about this
equipment is already publicly available.
Furthermore, this data element is reported as
an average value from a sub-basin, and is not
reported for each piece of equipment, further
diminishing any sensitivity related to
disclosure of this data element. The EPA is
proposing that this data element is not
confidential; and that it will be considered
non-CBI.
Page 11053
16 98.236c8iB..................... Wellhead gas-liquid Separators are used to separate hydrocarbons
separator with oil into liquid and gas phases. Separators are
throughput greater than or typically connected to atmospheric storage
equal to 10 barrels per tanks (hydrocarbon tanks) where hydrocarbon
day, using Calculation liquids are stored. Characteristics of the
Methodology 1 and 2 of 40 separator, such as temperature and pressure,
CFR 98.233(j), reported by may vary widely and are dependent on the
sub-basin category: particular characteristics of the oil entering
Estimated average the separator. Information about the
separator temperature temperature of the separator does not provide
(degrees Fahrenheit) (when insight into the performance or the
using methodology 2). operational efficiency of the separator that
would likely cause substantial competitive
harm if disclosed, because general information
about throughput, which may be inferred when
combined with other information about this
equipment that is already publicly available.
Furthermore, this data element is reported as
an average value from a sub-basin, and is not
reported for each piece of equipment,
therefore, further diminishing any sensitivity
related to disclosure of this data element.
The EPA is proposing that this data element is
not confidential; and that it will be
considered non-CBI.
17 98.236c8iB..................... Wellhead gas-liquid Separators are used to separate hydrocarbons
separator with oil into liquid and gas phases. Separators are
throughput greater than or typically connected to atmospheric storage
equal to 10 barrels per tanks (hydrocarbon tanks) where hydrocarbon
day, using Calculation liquids are stored. Characteristics of the
Methodology 1 and 2 of 40 separator, such as temperature and pressure,
CFR 98.233(j), reported by may vary widely and are dependent on the
sub-basin category: particular characteristics of the oil entering
Estimated average pressure the separator. Information about the pressure
(psig) (when using of the separator does not provide insight into
methodology 1). the performance or the operational efficiency
of the separator that would likely cause
substantial competitive harm if disclosed,
because general information about throughput,
which may be inferred when combined with other
information about this equipment that is
already publicly available. Furthermore, this
data element is reported as an average value
from a sub-basin, and is not reported for each
piece of equipment, further diminishing any
sensitivity related to disclosure of this data
element. The EPA is proposing that this data
element is not confidential; and that it will
be considered non-CBI.
18 98.236c8iB..................... Wellhead gas-liquid Separators are used to separate hydrocarbons
separator with oil into liquid and gas phases. Separators are
throughput greater than or typically connected to atmospheric storage
equal to 10 barrels per tanks (hydrocarbon tanks) where hydrocarbon
day, using Calculation liquids are stored. Characteristics of the
Methodology 1 and 2 of 40 separator, such as temperature and pressure,
CFR 98.233(j), reported by may vary widely and are dependent on the
sub-basin category: particular characteristics of the oil entering
Estimated average pressure the separator. Information about the pressure
(psig) (when using of the separator does not provide insight into
methodology 2). the performance or the operational efficiency
of the separator that would likely cause
substantial competitive harm if disclosed,
because general information about throughput,
which may be inferred when combined with other
information about this equipment that is
already publicly available. Furthermore, this
data element is reported as an average value
from a sub-basin, and is not reported for each
piece of equipment, further diminishing any
sensitivity related to disclosure of this data
element. The EPA is proposing that this data
element is not confidential; and that it will
be considered non-CBI.
19 98.236c8ivA.................... If wellhead separator dump Separators are used to separate hydrocarbons
valve is functioning into liquid and gas phases. Separators are
improperly during the typically connected to atmospheric storage
calendar year: Count of tanks (hydrocarbon tanks) where hydrocarbon
wellhead separators that liquids are stored. Dump valves on separators
dump valve factor is are used to periodically dump liquids in the
applied. separator into a liquids pipeline.
Malfunctioning dump valves are a function of
the maintenance of the separator. Information
on dump valves, such as the count of
separators for which the dump valves were
improperly functioning during the calendar
year, would not provide meaningful insight
into proprietary or sensitive information at a
facility and would likely not cause
competitive harm if disclosed. The EPA is
proposing that this data element is not
confidential; and that it will be considered
non-CBI.
Page 11054
20 98.236c10i..................... Well testing venting and Well testing venting and flaring refers to the
flaring: Number of wells process by which an owner or operator vents or
tested per basin in flares natural gas at the time the production
calendar year. rate of a well is determined for regulatory,
commercial, or technical purposes. Venting and
flaring done immediately after a well
completion is included in the well completion
emissions and not under the well testing
venting and flaring emissions source. The EPA
is proposing that the disclosure of this data
be non-confidential, because the disclosure of
this data likely would not cause substantial
competitive harm. The data is reported at a
basin level as opposed to a field or sub-basin
level, which is at a much greater level of
granularity. Furthermore, reporting the number
of wells tested in a basin for a given year
does not provide any insight on exactly which
wells within that basin were tested, thereby
diminishing the sensitivity associated with
disclosure of this data. Lastly, the data
reported does not include the production rate
of the tested well, thereby further
diminishing the sensitivity with disclosure of
this data. The EPA is proposing that this data
element is not confidential; and that it will
be considered non-CBI.
21 98.236c10ii.................... Well testing venting and Well testing venting and flaring refers to the
flaring: Average gas to process by which an owner or operator vents or
oil ratio for each basin. flares natural gas at the time the production
rate of a well is determined for regulatory,
commercial, or technical purposes. Venting and
flaring done immediately after a well
completion is included in the well completion
emissions and not under the well testing
venting and flaring emissions source.
Disclosure of the average gas to oil ratio of
wells tested within a basin is not likely to
cause substantial competitive harm because
information on the gas to oil ratio for wells
can be determined through publicly available
information through many state agencies (e.g.,
the Railroad Commission of Texas lists the gas
to oil ratio in their ``Gas Master'' and ``Oil
Master'' publications). Furthermore, this data
element is reported as an average ratio at a
basin level and is not reported on a per well
basis, further diminishing sensitivity
associated with disclosure of this data. The
EPA is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
22 98.236c10iii................... Well testing venting and Well testing venting and flaring refers to the
flaring: Average number of process by which an owner or operator vents or
days the well is tested in flares natural gas at the time the production
a basin. rate of a well is determined for regulatory,
commercial, or technical purposes. Venting and
flaring done immediately after a well
completion is included in the well completion
emissions and not under the well testing
venting and flaring emissions source.
Disclosure of the average number of days the
well is tested in a basin is not likely to
cause substantial harm, because reporters are
reporting an average for all of the wells
tested within a basin rather than reporting
for the number of data days of well testing
for individual wells. Furthermore, the number
of days a well is tested in a basin is not
likely to provide any insight into proprietary
or sensitive information at a facility and
would likely not cause competitive harm if
disclosed. The EPA is proposing that this data
element is not confidential; and that it will
be considered non-CBI.
23 98.236c11ii.................... Associated natural gas Disclosure of the average gas to oil ratio of
venting and flaring for wells tested within a basin is not likely to
each basin: Average gas to cause substantial competitive harm, because
oil ratio for each basin. information on the gas to oil ratio for wells
can be determined through publicly available
information through many state agencies (e.g.,
the Railroad Commission of Texas lists the gas
to oil ration in their ``Gas Master'' and
``Oil Master'' publications). Gas to oil
ratios can generally be determined from the
ratio of the volume of gas that comes out of
solution to the volume of oil produced at
specified conditions. Furthermore, this data
element is reported as an average ratio at a
basin level and is not reported on a per well
basis, thus further diminishing sensitivity
associated with disclosure. The EPA is
proposing that this data element is not
confidential; and that it will be considered
non-CBI.
24 98.236c11i..................... For associated natural gas Associated natural gas is vented or flared when
venting and flaring for it is not being captured for sales. This
each basin: Number of information can be used to determine the crude
wells venting or flaring oil production from the facility. However,
associated natural gas in because production information is already
a calendar year. available through state oil and gas
commissions and commercial oil and gas
databases, including the EIA,\21\ the EPA is
proposing that this data element is not
confidential; and that it will be considered
non-CBI.
25 98.236c12iii................... Flare stacks: Percent of The EIA published emissions information on
gas sent to un-lit flare vents and flares in an Emissions Study which
determined by engineering is available to the public.\22\ In addition,
estimate and process the Bureau of Energy Management and Regulatory
knowledge based on best Enforcement (BOEMRE) collects information on
available data and flare and vent stack emissions through 30 CFR
operating records. 250.1163(a),\23\ for which information is made
publicly available through the offshore
platform studies. Hence, the EPA is proposing
that this data element is not confidential;
and that it will be considered non-CBI.
Page 11055
26 98.236c15iB.................... For each component type The typical composition of natural gas in
(major equipment type for processing plants upstream of the dew point
onshore production) that control is similar to that of production
uses emission factors for quality gas. Production quality gas
estimating emissions information is available through databases
(refer to 40 CFR 98.233(q) from Gas Technology Institute \24\ and
and (r)): Equipment leaks Department of Energy Gas Information System
found in each leak survey: (GASIS) Database \25\ both of which are
For Onshore natural gas publicly available. Furthermore, the
processing; range of composition of natural gas downstream of the
concentrations of CO2 dew point control is typically similar to
(refer to Equation W-30 of transmission quality gas. Transmission
40 CFR 98.233). pipeline companies continuously monitor their
gas composition and publish gas composition
data on their Web sites. Also, the composition
of gas varies throughout the year. Hence, the
disclosure of the range of concentrations of
individual components is not likely to cause
substantial competitive harm. Therefore, the
EPA is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
27 98.236c15iB.................... For each component type The typical composition of natural gas in
(major equipment type for processing plants upstream of the dew point
onshore production) that control is similar to that of production
uses emission factors for quality gas. Production quality gas
estimating emissions information is available through databases
(refer to 40 CFR 98.233(q) from Gas Technology Institute \26\ and
and (r)): Equipment leaks Department of Energy GASIS Database \27\ both
found in each leak survey: of which are publicly available. Furthermore,
For Onshore natural gas the composition of natural gas downstream of
processing; range of the dew point control is typically similar to
concentrations of CH4 transmission quality gas. Transmission
(refer to Equation W-30 of pipeline companies continuously monitor their
40 CFR 98.233). gas composition and publish gas composition
data on their websites. Also, the composition
of gas varies throughout the year. Hence, the
disclosure of the range of concentrations of
individual components is not likely to cause
substantial competitive harm. Therefore, the
EPA is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
28 98.236c15iA.................... For each component type The term ``equipment leaks'' refers to those
(major equipment type for emissions which could not reasonably pass
onshore production) that through a stack, chimney, vent, or other
uses emission factors for functionally-equivalent opening. Leaking
estimating emissions components at a facility may have a
(refer to 40 CFR 98.233(q) correlation to the level of maintenance at a
and (r)): Total count of facility. However, there is no direct
leaks found in each correlation between the level of maintenance
complete survey listed by and process efficiency, i.e. a higher number
date of survey and each of leaks in one facility do not indicate that
type of leak source for the processes have been running longer or more
which there is a leaker frequently than those processes at another
emission factor in Tables facility that has a lower number of leaks.
W-2, W-3, W-4, W-5, W-6, Furthermore, Department of Transportation and
and W-7 of this subpart. Federal Energy Regulatory Commission (FERC)
regulations require natural gas distribution
companies and transmission pipeline companies,
respectively, to conduct periodic leak
detection and fix any leaking equipment. The
number of leaks detected and fixed are
classified and reported to the DOT and is
publicly available. Finally, 40 CFR part 60,
subpart KKK requires facilities to monitor for
VOC leaks and report them to the EPA. The EPA
is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
29 98.236e........................ For onshore petroleum and The API gravity is a measurement of density of
natural gas production crude oil or petroleum product. Information
report the following: Best about the API gravity for specific operators
available estimate of the in a basin is publicly available through many
API gravity for each oil state agencies (e.g., the Railroad Commission
sub-basin category. of Texas). Therefore, the disclosure of the
API gravity is not likely to cause substantial
competitive harm. Furthermore, this data
element is reported as an average for the sub-
basin rather than for individual wells, which
further diminishes any sensitivity associated
with disclosure of this data element. The EPA
is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
30 98.236e........................ For onshore petroleum and Gas to oil ratios can generally be determined
natural gas production by taking the ratio of the volume of gas that
report the following: Best comes out of solution, to the volume of oil
available estimate of the produced at specified conditions. Disclosure
gas to oil ratio for each of the average gas to oil ratio of wells
oil sub-basin category. tested within a basin is not likely to cause
substantial competitive harm because the gas
to oil ratio for wells can be determined from
information made public by many state agencies
(e.g., the Railroad Commission of Texas).
Also, this data element is reported as an
average ratio for the sub-basin and is not
reported on a per well basis, further
diminishing sensitivity associated with
disclosure. The EPA is proposing that this
data element is not confidential; and that it
will be considered non-CBI.
31 98.236e........................ For onshore petroleum and The low pressure separator refers to the last
natural gas production separator in a series of separators that are
report the following: Best used for gravity separation of hydrocarbons
available estimate of the into liquid and gas phases. Separator
average low pressure pressure, along with the gas-to-oil ratio and
separator pressure for temperature of the separator, can be used to
each oil sub-basin estimate throughput of natural gas and oil (or
category. condensate) from the facility. However,
throughput information is already available
through state oil and gas commissions and
commercial oil and gas databases as well as
the EIA.\28\ Hence, the EPA is proposing that
this data element is not confidential; and
that it will be considered non-CBI.
Page 11056
32 98.236c13iB.................... For compressors with wet Compressors are sometimes equipped with wet
seals in operational mode: seals. Wet seals form the barrier that keeps
Fraction of vent gas gas from seeping through the gap between the
recovered for fuel or compressor shaft and the compressor casing.
sales or flared. Knowing the fraction of vent gas recovered for
fuel, sales, or flare can give an indication
of the efficiency of the capture device.
However, such efficiencies are common
knowledge available from equipment vendors. In
addition, knowing the fraction of gas captured
can give an indication of the volume of gas
captured. The volume of gas captured for
sending to a flare or fuel system are a
portion of the total flare emissions and total
fuel consumed at a facility. Information on
flare emissions from processing plants is
publicly available through EIA. Because this
type of information is available upstream, the
EPA is proposing that the same type of
information being reported by other facilities
downstream of the processing plant will also
not cause substantial competitive harm if
disclosed and would not result in any
competitive disadvantage to the reporters.
Finally, the sales volume of gas, essentially
the facility throughput, is public information
available through state oil and gas commission
websites and commercial oil and gas databases
as well as the EIA.\29\ Hence, the EPA is
proposing that this data element is not
confidential; and that it will be considered
non-CBI.
33 98.236c8iiiD................... Wellhead gas-liquid The fraction of production sent to tanks with
separators and wells with assumed control measures, either with vapor
throughput less than 10 recovery systems or flares, refers to the
barrels per day, using amount of hydrocarbon liquids produced from
Calculation Methodology 5 wells that is sent to tanks with specified
of 40 CFR 98.233(j) control measures. Information about the
Equation W-15 of 40 CFR fraction of production sent to tanks with
98.233: Best estimate of control measures would likely not cause
fraction of production substantial competitive harm because the
sent to tanks with assumed estimated amount of methane and carbon dioxide
control measures: either emissions for tanks and separators are
vapor recovery system or publicly available through EPA's National
flaring of tank vapors. Inventory, thus diminishing the sensitivity of
disclosing this data. Furthermore, the amount
of gas captured, can indicate the increase in
production throughput of the facility.
However, this is already publicly available
through many state oil and gas commissions,
and is also available through commercial oil
and gas databases as well as the EIA.\30\ The
EPA is proposing that this data element is not
confidential; and that it will be considered
non-CBI.
34 98.234f8i...................... Extension requests which An initial notice of intent to extend the
request Best Available period during which BAMM is used does not
Monitoring Method (BAMM) contain detailed information, such as process
beyond 2011 for sources diagrams and operational information, which
listed in 40 CFR could provide insight into facility-specific
98.234(f)(2), (3), (4), operating conditions or process design, or any
and (5)(iv): Initial other proprietary or sensitive information at
electronic notice of a facility, and would likely not cause
intent to submit an competitive harm if disclosed. The EPA is
extension request for the proposing that this data element is not
use of BAMM beyond confidential; and that it will be considered
December 31, 2011. non-CBI.
35 98.234f8iiB.................... Extension requests which The description of the unique or unusual
request BAMM beyond 2011 circumstances, including data collection
for sources listed in 40 methodologies that the reporting facility
CFR 98.234(f)(2), (3), cannot follow or of the monitoring instruments
(4), and (5)(iv): that cannot be installed does not reveal
Description of the unique detailed information, such as process diagrams
or unusual circumstances, and operational information, which could
such as data collection provide insight into facility-specific
methodologies that do not operating conditions or process design, or any
meet safety regulations or other proprietary or sensitive information at
specific laws or a facility, and would likely not cause
regulations that conflict competitive harm if disclosed. The EPA is
for each source for which proposing that this data element is not
an owner or operator is confidential; and that it will be considered
requesting use of BAMM. non-CBI.
36 98.234f8iiB.................... Extension requests which The description of the unique or unusual
request BAMM beyond 2011 circumstances, including data collection
for sources listed in 40 methodologies that the reporting facility
CFR 98.234(f) (2), (3), cannot follow or of the monitoring instruments
(4), and (5) (iv): that cannot be installed does not reveal
Description of the unique detailed information, such as process diagrams
or unusual circumstances, and operational information, which could
such as data collection provide insight into facility-specific
methodologies that are operating conditions or process design, or any
technically infeasible for other proprietary or sensitive information at
which an owner or operator a facility, and would likely not cause
is requesting use of BAMM. competitive harm if disclosed. The EPA is
proposing that this data element is not
confidential; and that it will be considered
non-CBI.
37 98.234f8iiC.................... Extension requests which A description of the methods by which the
request BAMM beyond 2011 necessary equipment and services will be
for sources listed in 40 secured does not reveal detailed information,
CFR 98.234(f)(2), (3), such as process diagrams and operational
(4), and (5)(iv): Detailed information, which could provide insight into
explanation and supporting facility-specific operating conditions or
documentation of how the process design, or any other proprietary or
owner or operator will sensitive information at a facility, and would
receive the services or likely not cause competitive harm if
equipment to comply with disclosed. The EPA is proposing that this data
all of these subpart W element is not confidential; and that it will
reporting requirements. be considered non-CBI.
Page 11057
38 98.234f8iiC.................... Extension requests which This data element includes the dates by which
request BAMM beyond 2011 the owner or operator will receive the
for sources listed in 40 services or equipment necessary to comply with
CFR 98.234(f)(2), (3), all of the subpart W reporting requirements.
(4), and (5)(iv): Detailed The EPA is proposing that this data element be
explanation and supporting confidential because it would reveal
documentation of when the information to a competitor about when a
owner or operator will facility would be installing equipment or when
receive the services or the facility would plan to perform the
equipment to comply with necessary modifications to their processes in
all of these subpart W order to comply with the rule. The disclosure
reporting requirements. of this type of sensitive information about a
Proposed as CBI. facility's internal processes may give a
competitor an unfair advantage. See 40 CFR
98.234(f) (8)(ii)(C). The EPA is proposing
that this data element be confidential; and
that it will be considered CBI. (Proposed as
CBI).
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\15\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\16\ http://www.didesktop.com/products/.
\17\ http://www.didesktop.com/products/.
\18\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\19\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\20\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\21\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\22\ http://www.epa.gov/gasstar/documents/emissions_report/6_vented.pdf.
\23\ http://www.boemre.gov/ntls/PDFs/2011-N04FlareMeterSigned05-16-2011.pdf.
\24\ August 2011, GTI's Gas Resource Database--Unconventional Natural Gas and Gas Composition Databases, GRI--01/0136.
\25\ http://www.netl.doe.gov/technologies/oil-gas/publications/EPreports/ResourceAssess/Final_28139.pdf.
\26\ August 2011, GTI's Gas Resource Database--Unconventional Natural Gas and Gas Composition Databases, GRI--01/0136.
\27\ http://www.netl.doe.gov/technologies/oil-gas/publications/EPreports/ResourceAssess/Final_28139.pdf.
\28\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\29\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
\30\ http://www.eia.gov/cfapps/ngqs/ngqs.cfm?f_report=RP1.
---------------------------------------------------------------------------
-
Commenting on the Proposed Confidentiality Determinations
We seek comment on the proposed confidentiality status of data elements in two direct emitter data categories: ``Unit/Process `Static' Characteristics that Are Not Inputs to Emission Equations'' and ``Unit/
Process Operating Characteristics that Are Not Inputs to Emission Equations''. By the EPA's proposing confidentiality determinations prior to data reporting through this proposal and rulemaking process, we provide potential reporters an opportunity to submit comments identifying data they consider sensitive and the rationales and supporting documentation, the same as those they would otherwise submit for case-by-case confidentiality determinations. We will evaluate claims of confidentiality before finalizing the confidentiality determinations. Please note that this will be reporters' only opportunity to substantiate your confidentiality claim. Once finalized, the EPA will release or withhold subpart W data in accordance with 40 CFR 2.301, which contains special provisions governing the treatment of Part 98 data for which confidentiality determinations have been made through rulemaking. Please consider the following instructions in submitting comments on the data elements in subpart W.
Please identify each individual data element you do or do not consider to be CBI or emission data in your comments. Please explain specifically how the public release of that particular data element would or would not cause a competitive disadvantage to a facility. Discuss how this data element may be different from or similar to data that are already publicly available. Please submit information identifying any publicly available sources of information containing the specific data elements in question, since data that are already available through other sources would not be proposed as CBI. In your comments, please identify the manner and location in which each specific data element you identify is available, including a citation. If the data are physically published, such as in a book, industry trade publication, or federal agency publication, provide the title, volume number (if applicable), author(s), publisher, publication date, and ISBN or other identifier. For data published on a Web site, provide the address of the Web site and the date you last visited the Web site and identify the Web site publisher and content author.
If your concern is that competitors could use a particular input to discern sensitive information, specifically describe the pathway by which this could occur and explain how the discerned information would negatively affect your competitive position. Describe any unique process or aspect of your facility that would be revealed if the particular data element(s) you consider sensitive were made publicly available. If the data element you identify would cause harm only when used in combination with other publicly available data, then describe the other data, identify the public source(s) of these data, and explain how the combination of data could be used to cause competitive harm. Describe the measures currently taken to keep the data confidential. Avoid conclusory and unsubstantiated statements, or general assertions regarding potential harm. Please be as specific as possible in your comments and include all information necessary for the EPA to evaluate your comments.
-
-
Proposed Deferral of Inputs to Emission Equations for Subpart W and Amendments to Table A-7
Of the 154 subpart W data elements that were revised in the Subpart W Technical Revisions Rule, 30 are ``Inputs to Emission Equations''. All 30 are revisions to existing ``Inputs to Emission Equations'' that were addressed in the Final Deferral and included in Table A-7 to subpart A of Part 98. For the 30 revised inputs, the revisions did not change the type of information to be reported to the EPA under these requirements. For 19 of the 30 inputs, the changes included minor wording changes such as requiring certain data elements be reported by ``sub-basin'' instead of ``field'' or small clarifications that did not change the general meaning of the data elements. For 11 of the 30 inputs, the Technical Revisions Rule re-numerated the section references. We are therefore proposing in this action to amend Table A-
7 of Part 98 by re-numerating these 11 subpart W ``Inputs to Emission Equations'' as finalized in the Subpart W Technical Revisions Rule.
The Subpart W Technical Revisions Rule also added the following 10 new data elements, which we are proposing
Page 11058
to assign to the ``Inputs to Emission Equations'' data category and to defer their reporting until March 31, 2015. The proposed inputs include the following 10 data elements:
Annual quantity of CO2, that was recovered from each acid gas removal unit and transferred outside the facility (metric tons CO2e), under subpart PP of this part. (40 CFR 98.236(c)(3)(iv))
Blowdown vent stack emission source, for each unique physical volume that is blown down more than once during the calendar year: Report total number of blowdowns for each unique physical volume in the calendar year (when using Eq. W-14A). (40 CFR 98.236(c)(7)(i)(A))
Wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 of 40 CFR 98.233(j), report by sub-basin category: Annual CO2 gas quantities that were recovered (metric tons CO2e), for all wellhead gas-liquid separators or storage tanks using Calculation Methodology 1 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))
Wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 1 of 40 CFR 98.233(j), report by sub-basin category: Report annual CH4 gas quantities that were recovered (metric tons CO2e), for all wellhead gas-liquid separators or storage tanks using Calculation Methodology 1 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))
Wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 2 of 40 CFR 98.233(j), report by sub-basin category: Report annual CO2 gas quantities that were recovered (metric tons CO2e), for all wellhead gas-liquid separators or storage tanks using Calculation Methodology 2 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))
Wellhead gas-liquid separator with oil throughput greater than or equal to 10 barrels per day, using Calculation Methodology 2 of 40 CFR 98.233(j), report by sub-basin category: Report annual CH4 gas quantities that were recovered (metric tons CO2e), for all wellhead gas-liquid separators or storage tanks using Calculation Methodology 2 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(i)(K))
Wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), report the following by sub-basin category: Report annual CO2 gas quantities that were recovered (metric tons CO2e), for Calculation Methodology 3 or 4 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(ii)(H))
Wells with oil production greater than or equal to 10 barrels per day, using Calculation Methodology 3 and 4 of 40 CFR 98.233(j), report the following by sub-basin category: Report annual CH4 gas quantities that were recovered (metric tons CO2e), for Calculation Methodology 3 or 4 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(ii)(H))
Wellhead gas-liquid separators and wells with throughput less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR 98.233(j), Equation W-15 of 40 CFR 98.233: Annual CO2 gas quantities that were recovered (metric tons CO2e), at the sub-basin level for Calculation Methodology 5 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(iii)(G))
Wellhead gas-liquid separators and wells with throughput less than 10 barrels per day, using Calculation Methodology 5 of 40 CFR 98.233(j), Equation W-15 of 40 CFR 98.233: Report annual CH4 gas quantities that were recovered (metric tons CO2e), at the sub-basin level for Calculation Methodology 5 of 40 CFR 98.233(j). (40 CFR 98.236(c)(8)(iii)(G))
As explained in Section II.A of the Final Deferral, these 10 data elements are related to and therefore are being evaluated together along with the other subpart W data elements assigned to this category. As with the other equation inputs, we believe that to complete our evaluation we will need until March 31, 2015, the current reporting deadline for subpart W equation inputs. The EPA is therefore proposing to add these 10 inputs to Table A-7 of Part 98 to require their reporting by March 31, 2015. For more information, please refer to Section II.B. of this preamble.
We are also proposing to move 21 data elements that were categorized as ``Inputs to Emission Equations'' in the Final Deferral Rule to other categories. These data elements require aggregated data to be reported and not the specific values used in the equations. Therefore, the EPA is proposing to re-categorize these data elements as either ``Unit/Process `Static' Characteristics that Are Not Inputs to Emission Equations'' or ``Unit/Process Operating Characteristics that Are Not Inputs to Emission Equations''. Please see the memorandum entitled ``Proposed Changes to Subpart W Inputs'' in Docket ID No. EPA-
HQ-OAR-2011-0028 for a comparison of the changes to Table A-7 of subpart A for subpart W data reporting elements.
-
Statutory and Executive Order Reviews
-
Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
In this action, we are proposing to (1) Make confidentiality determinations for subpart W data elements (except for inputs to equations); and (2) make the changes described in this notice regarding subpart W data elements in Table A-7 of Part 98, which specifies the data elements to be reported by March 31, 2015.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).
-
Paperwork Reduction Act
As previously mentioned, this action proposes confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98. This action does not impose any new information collection burden. This action does not increase the reporting burden. The Office of Management and Budget (OMB) has previously approved the information collection requirements contained in subpart W, under 40 CFR part 98, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Information Collection Request (ICR) documents prepared by the EPA have been assigned OMB control number 2060-0651 for subpart W. The OMB control numbers for EPA regulations in 40 CFR are listed at 40 CFR part 9.
-
Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this re-proposal on small entities, ``small entity'' is defined as: (1) A small business as defined by the Small Business Administration's regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town,
Page 11059
school district or special district with a population of less than 50,000; or (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
This action proposes confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98. After considering the economic impacts of this action on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This action will not impose any new requirement on small entities that are not currently required by Part 98.
The EPA took several steps to reduce the impact of Part 98 on small entities. For example, the EPA determined appropriate thresholds that reduced the number of small businesses reporting. In addition, the EPA did not require facilities to install continuous emission monitoring systems (CEMS) if they did not already have them. Facilities without CEMS can calculate emissions using readily available data or data that are less expensive to collect such as process data or material consumption data. For some source categories, the EPA developed tiered methods that are simpler and less burdensome. Also, the EPA required annual instead of more frequent reporting. Finally, the EPA continues to conduct significant outreach on the mandatory GHG reporting rule and maintains an ``open door'' policy for stakeholders to help inform EPA's understanding of key issues for the industries.
We continue to be interested in the potential impacts of this action on small entities and welcome comments on issues related to such effects.
-
Unfunded Mandates Reform Act (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538, requires federal agencies, unless otherwise prohibited by law, to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. Federal agencies must also develop a plan to provide notice to small governments that might be significantly or uniquely affected by any regulatory requirements. The plan must enable officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant federal intergovernmental mandates and must inform, educate, and advise small governments on compliance with the regulatory requirements.
This action, which is proposing confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98, does not contain a federal mandate that may result in expenditures of $100 million or more for state, local, and tribal governments, in the aggregate, or the private sector in any one year. This action does not increase the reporting burden. Thus, this action is not subject to the requirements of sections 202 or 205 of the UMRA.
In developing Part 98, the EPA consulted with small governments pursuant to a plan established under section 203 of the UMRA to address impacts of regulatory requirements in the rule that might significantly or uniquely affect small governments. For a summary of EPA's consultations with state and/or local officials or other representatives of state and/or local governments in developing Part 98, see Section VIII.D of the preamble to the final rule (74 FR 56370, October 30, 2009).
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Executive Order 13132: Federalism
This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. However, for a more detailed discussion about how Part 98 relates to existing state programs, please see Section II of the preamble to the final rule (74 FR 56266, October 30, 2009).
This action, which is proposing confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98, applies to facilities containing petroleum and natural gas systems that directly emit greenhouses gases over 25,000 metric tons of CO2 equivalent. It does not apply to governmental entities unless a government entity owns a facility that directly emits greenhouse gases above threshold levels, so relatively few government facilities would be affected. This action also does not limit the power of states or localities to collect GHG data and/or regulate GHG emissions. Thus, Executive Order 13132 does not apply to this action.
In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between the EPA and state and local governments, the EPA specifically solicits comment on this proposed action from state and local officials. For a summary of EPA's consultation with state and local organizations and representatives in developing Part 98, see Section VIII.E of the preamble to the final rule (74 FR 56371, October 30, 2009).
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Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
This action, which is proposing confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98, does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This action does not increase the reporting burden. Thus, Executive Order 13175 does not apply to this action. For a summary of EPA's consultations with tribal governments and representatives, see Section VIII.F of the preamble to the final rule (74 FR 56371, October 30, 2009). The EPA specifically solicits additional comment on this proposed action from tribal officials.
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Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This action, which is proposing confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98, is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks.
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Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use
This action, which is proposing confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98, is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866 .
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National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs the EPA
Page 11060
to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs the EPA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable voluntary consensus standards.
This action, which is proposing confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98, does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards.
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Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this action, which is proposing confidentiality determinations for subpart W data elements (except for inputs to equations) and amendments to Table A-7 of Part 98, will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. This action addresses only reporting and recordkeeping procedures.
List of Subjects 40 CFR Part 98
Environmental protection, Administrative practice and procedure, Greenhouse gases, Reporting and recordkeeping requirements.
Dated: February 16, 2012.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, Chapter I, of the Code of Federal Regulations is proposed to be amended as follows:
PART 98--AMENDED
0
1. The authority citation for part 98 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--Amended
0
2. Table A-7 to subpart A of part 98 is amended by revising the entries for subpart W to read as follows:
Table A-7 to Subpart A of Part 98--Data Elements That Are Inputs to
Emission Equations and for Which the Reporting Deadline Is March 31,
2015
------------------------------------------------------------------------
Specific data
elements for which
reporting date is
March 31, 2015
Rule citation (40 (``All'' means all
Subpart CFR part 98) data elements in the
cited paragraph are
not required to be
reported until March
31, 2015).
------------------------------------------------------------------------
* * * * * * *
W........................... 98.236(c)(1)(i)..... All.
W........................... 98.236(c)(1)(ii).... All.
W........................... 98.236(c)(1)(iii)... All.
W........................... 98.236(c)(2)(i)..... All.
W........................... 98.236(c)(3)(i)..... All.
W........................... 98.236(c)(3)(ii).... Only Calculation
Methodology 2.
W........................... 98.236(c)(3)(iii)... All.
W........................... 98.236(c)(3)(iv).... All.
W........................... 98.236(c)(4)(i)(A).. All.
W........................... 98.236(c)(4)(i)(B).. All.
W........................... 98.236(c)(4)(i)(C).. All.
W........................... 98.236(c)(4)(i)(D).. All.
W........................... 98.236(c)(4)(i)(E).. All.
W........................... 98.236(c)(4)(i)(F).. All.
W........................... 98.236(c)(4)(i)(G).. All.
W........................... 98.236(c)(4)(i)(H).. All.
W........................... 98.236(c)(4)(ii)(A). All.
W........................... 98.236(c)(5)(i)(D).. All.
W........................... 98.236(c)(5)(ii)(C). All.
W........................... 98.236(c)(6)(i)(B).. All.
W........................... 98.236(c)(6)(i)(D).. All.
W........................... 98.236(c)(6)(i)(E).. All.
W........................... 98.236(c)(6)(i)(F).. All.
W........................... 98.236(c)(6)(i)(G).. Only the amount of
natural gas
required.
W........................... 98.236(c)(6)(i)(H).. Only the amount of
natural gas
required.
W........................... 98.236(c)(6)(ii)(A). All.
W........................... 98.236(c)(6)(ii)(B). All.
W........................... 98.236(c)(7)(i)(A).. Only for Equation W-
14A.
W........................... 98.236(c)(8)(i)(F).. All.
W........................... 98.236(c)(8)(i)(K).. All.
W........................... 98.236(c)(8)(ii)(A). All.
W........................... 98.236(c)(8)(ii)(H). All.
W........................... 98.236(c)(8)(iii)(A) All.
W........................... 98.236(c)(8)(iii)(B) All.
Page 11061
W........................... 98.236(c)(8)(iii)(G) All.
W........................... 98.236(c)(12)(ii)... All.
W........................... 98.236(c)(12)(v).... All.
W........................... 98.236(c)(13)(i)(E). All.
W........................... 98.236(c)(13)(i)(F). All.
W........................... 98.236(c)(13)(ii)(A) All.
W........................... 98.236(c)(13)(ii)(B) All.
W........................... 98.236(c)(13)(iii)(A All.
).
W........................... 98.236(c)(13)(iii)(B All.
).
W........................... 98.236(c)(13)(v)(A). All.
W........................... 98.236(c)(14)(i)(B). All.
W........................... 98.236(c)(14)(ii)(A) All.
W........................... 98.236(c)(14)(ii)(B) All.
W........................... 98.236(c)(14)(iii)(A All.
).
W........................... 98.236(c)(14)(iii)(B All.
).
W........................... 98.236(c)(14)(v)(A). All.
W........................... 98.236(c)(15)(ii)(A) All.
W........................... 98.236(c)(15)(ii)(B) All.
W........................... 98.236(c)(16)(viii). All.
W........................... 98.236(c)(16)(ix)... All.
W........................... 98.236(c)(16)(x).... All.
W........................... 98.236(c)(16)(xi)... All.
W........................... 98.236(c)(16)(xii).. All.
W........................... 98.236(c)(16)(xiii). All.
W........................... 98.236(c)(16)(xiv).. All.
W........................... 98.236(c)(16)(xv)... All.
W........................... 98.236(c)(16)(xvi).. All.
W........................... 98.236(c)(17)(ii)... All.
W........................... 98.236(c)(17)(iii).. All.
W........................... 98.236(c)(17)(iv)... All.
W........................... 98.236(c)(18)(i).... All.
W........................... 98.236(c)(18)(ii)... All.
W........................... 98.236(c)(19)(iv)... All.
W........................... 98.236(c)(19)(vii).. All.
* * * * * * *
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FR Doc. 2012-4320 Filed 2-23-12; 8:45 am
BILLING CODE 6560-50-P
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