2013 Revisions to the Greenhouse Gas Reporting Rule and Proposed Confidentiality Determinations for New or Substantially Revised Data Elements

Federal RegisterApr 2, 2013

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2012-0934; FRL-9789-1]

RIN 2060-AR52

2013 Revisions to the Greenhouse Gas Reporting Rule and Proposed Confidentiality Determinations for New or Substantially Revised Data Elements

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule.

SUMMARY:

The EPA is proposing to amend the Greenhouse Gas Reporting Rule and to clarify or change specific provisions. Particularly, the EPA is proposing to amend a table in the General Provisions, to reflect revised global warming potentials of some greenhouse gases that have been published by the Intergovernmental Panel on Climate Change and to add global warming potentials for certain fluorinated greenhouse gases not currently listed in the table. This action also proposes confidentiality determinations for the reporting of new or substantially revised (i.e., requiring additional or different data to be reported) data elements contained in these proposed amendments to the Greenhouse Gas Reporting Rule.

DATES:

Comments.

Comments must be received on or before May 17, 2013.

Public Hearing.

The EPA does not plan to conduct a public hearing unless requested. To request a hearing, please contact the person listed in the

FOR FURTHER INFORMATION CONTACT

section of this preamble by April 9, 2013. If requested, the hearing will be conducted on April 17, 2013, in the Washington, DC area. The EPA will provide further information about the hearing on its Web page if a hearing is requested.

ADDRESSES:

You may submit your comments, identified by Docket ID No. EPA-HQ-OAR-2012-0934 by any of the following methods:

•

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the online instructions for submitting comments.

•

Email:

MRR_Corrections@epa.gov

. Include Docket ID No. EPA-HQ-OAR-2012-0934 or RIN No. 2060-AR52 in the subject line of the message.

•

Fax:

(202) 566-1741.

•

Mail:

Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2012-0934, 1200 Pennsylvania Avenue NW., Washington, DC 20004.

•

Hand/Courier Delivery:

EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. Such deliveries are accepted only during the normal hours of operation of the Docket Center, and special arrangements should be made for deliveries of boxed information.

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:

GHGReporting@epa.gov.

Instructions:

Direct your comments to Docket ID No. EPA-HQ-OAR-2012-0934, 2013 Revisions to the Greenhouse Gas Reporting Rule and Proposed Confidentiality Determinations for New or Substantially Revised Data Elements. 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.

Should you choose to submit information that you claim to be CBI, clearly mark the part or all of the information that you claim to be CBI. For information that you claim to be CBI 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. 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-2012-0934. 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.

Do not submit information that you consider to be CBI or otherwise protected through

http://www.regulations.gov

or email. 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, 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 Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT:

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, please go to the Greenhouse Gas Reporting Rule Program Web site

http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

To submit a question, select Rule Help Center, followed by “Contact Us.”

Worldwide Web (WWW).

In addition to being available in the docket, an electronic copy of today's proposal will also be available through the WWW.

Following the Administrator's signature, a copy of this action will be posted on EPA's greenhouse gas reporting rule Web site at

http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION:

Regulated Entities.

The Administrator determined that this action is subject to the provisions of Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) apply to “such other actions as the Administrator may determine”). These are proposed amendments to existing regulations. If finalized, these amended regulations would affect certain owners and operators of facilities that directly emit greenhouse gases (GHGs) as well as certain suppliers. Regulated categories and examples of affected entities include those listed in Table 1 of this preamble.

Table 1—Examples of Affected Entities by Category

Category

NAICS

Examples of affected facilities

General Stationary Fuel Combustion Sources

Facilities operating boilers, process heaters, incinerators, turbines, and internal combustion engines.

211

Extractors of crude petroleum and natural gas.

321

Manufacturers of lumber and wood products.

322

Pulp and paper mills.

325

Chemical manufacturers.

324

Petroleum refineries, and manufacturers of coal products.

316, 326, 339

Manufacturers of rubber and miscellaneous plastic products.

331

Steel works, blast furnaces.

332

Electroplating, plating, polishing, anodizing, and coloring.

336

Manufacturers of motor vehicle parts and accessories.

221

Electric, gas, and sanitary services.

622

Health services.

611

Educational services.

Electricity Generation

221112

Fossil-fuel fired electric generating units, including units owned by federal and municipal governments and units located in Indian Country.

Acid Gas Injection Projects

211111 or 211112

Projects that inject natural gas containing CO

underground.

Adipic Acid Production

325199

Adipic acid manufacturing facilities.

Aluminum Production

331312

Primary Aluminum production facilities.

Ammonia Manufacturing

325311

Anhydrous and aqueous ammonia manufacturing facilities.

Cement Production

327310

Portland cement manufacturing plants.

Enhanced Oil and Gas Recovery Projects

211

Oil and gas extraction projects using CO

enhanced oil and gas recovery.

Electrical Equipment Use

221121

Electric bulk power transmission and control facilities.

Electrical Equipment Manufacture or Refurbishment

33531

Power transmission and distribution switchgear and specialty transformers manufacturing facilities.

Electronics Manufacturing

334111

Microcomputers manufacturing facilities.

334413

Semiconductor, photovoltaic (solid-state) device manufacturing facilities.

334419

LCD unit screens manufacturing facilities. MEMS manufacturing facilities.

Ethanol Production

325193

Ethyl alcohol manufacturing facilities.

Ferroalloy Production

331112

Ferroalloys manufacturing facilities.

Fluorinated GHG Production

325120

Industrial gases manufacturing facilities.

Food Processing

311611

Meat processing facilities.

311411

Frozen fruit, juice, and vegetable manufacturing facilities.

311421

Fruit and vegetable canning facilities.

Glass Production

327211

Flat glass manufacturing facilities.

327213

Glass container manufacturing facilities.

327212

Other pressed and blown glass and glassware manufacturing facilities.

GS Sites

geologic sequestration projects.

HFC-22 Production and HFC-23 Destruction

325120

Chlorodifluoromethane manufacturing facilities.

Hydrogen Production

325120

Hydrogen manufacturing facilities.

Importers and Exporters of Pre-charged Equipment and Closed-Cell Foams

423730

Air-conditioning equipment (except room units) merchant wholesalers.

333415

Air-conditioning equipment (except motor vehicle) manufacturing.

423620

Air-conditioners, room, merchant wholesalers.

443111

Household Appliance Stores.

326150

Polyurethane foam products manufacturing.

335313

Circuit breakers, power, manufacturing.

423610

Circuit breakers merchant wholesalers.

Industrial Waste Landfills

562212

Solid waste landfills.

221320

Sewage treatment facilities.

322110

Pulp mills.

322121

Paper mills.

322122

Newsprint mills.

322130

Paperboard mills.

311611

Meat processing facilities.

311411

Frozen fruit, juice and vegetable manufacturing facilities.

311421

Fruit and vegetable canning facilities.

Industrial Wastewater Treatment

322110

Pulp mills.

322121

Paper mills.

322122

Newsprint mills.

322130

Paperboard mills.

311611

Meat processing facilities.

311411

Frozen fruit, juice, and vegetable manufacturing facilities.

311421

Fruit and vegetable canning facilities.

325193

Ethanol manufacturing facilities.

324110

Petroleum refineries.

Iron and Steel Production

331111

Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, basic oxygen process furnace shops.

Lead Production

331419

Primary lead smelting and refining facilities.

331492

Secondary lead smelting and refining facilities.

Lime Production

327410

Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities.

Magnesium Production

331419

Primary refiners of nonferrous metals by electrolytic methods.

Municipal Solid Waste Landfills

562212

Solid waste landfills.

221320

Sewage treatment facilities.

Nitric Acid Production

325311

Nitric acid manufacturing facilities.

Oil and Natural Gas Systems

486210

Pipeline transportation of natural gas.

221210

Natural gas distribution facilities.

325212

Synthetic rubber manufacturing facilities.

Petrochemical Production

32511

Ethylene dichloride manufacturing facilities.

325199

Acrylonitrile, ethylene oxide, methanol manufacturing facilities.

325110

Ethylene manufacturing facilities.

325182

Carbon black manufacturing facilities.

Petroleum Refineries

324110

Petroleum refineries.

Phosphoric Acid Production

325312

Phosphoric acid manufacturing facilities.

Petroleum and Natural Gas Systems

486210

Pipeline transportation of natural gas.

221210

Natural gas distribution facilities.

211

Extractors of crude petroleum and natural gas.

211112

Natural gas liquid extraction facilities.

Pulp and Paper Manufacturing

322110

Pulp mills.

322121

Paper mills.

322130

Paperboard mills.

Soda Ash Manufacturing

325181

Alkalies and chlorine manufacturing facilities.

Silicon Carbide Production

327910

Silicon carbide abrasives manufacturing facilities.

Sulfur Hexafluoride (SF

) from Electrical Equipment

221121

Electric bulk power transmission and control facilities.

Titanium Dioxide Production

325188

Titanium dioxide manufacturing facilities.

Underground Coal Mines

212113

Underground anthracite coal mining operations.

212112

Underground bituminous coal mining operations.

Zinc Production

331419

Primary zinc refining facilities.

331492

Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased metals.

Suppliers of Industrial Greenhouse Gases

325120

Industrial gas manufacturing facilities.

Suppliers of Petroleum Products

324110

Petroleum refineries.

Suppliers of Natural Gas and Natural Gas Liquids

221210

Natural gas distribution facilities.

211112

Natural gas liquid extraction facilities.

Suppliers of Carbon Dioxide (CO

)

325120

Industrial gas manufacturing facilities.

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 than those listed in the table could also be subject to reporting requirements. To determine whether you are affected by this action, you should carefully examine the applicability criteria found in 40 CFR part 98, subpart A or the relevant criteria in the sections related to suppliers and direct emitters of GHGs. If you have questions regarding the applicability of this action to a particular facility, consult the person listed in the preceding

FOR FURTHER GENERAL INFORMATION CONTACT

Section.

Acronyms and Abbreviations.

The following acronyms and abbreviations are used in this document.

AF&PA American Forest & Paper Association

AR4 Fourth Assessment Report

BAMM best available monitoring methods

CAA Clean Air Act

CBI confidential business information

CBP U.S. Customs and Border Protection

CEMS continuous emissions monitoring system

CFC chlorofluorocarbon

CFR Code of Federal Regulations

methane

carbon dioxide

e carbon dioxide equivalent

DOC degradable organic carbon

EAF electric arc furnace

e-GGRT Electronic Greenhouse Gas Reporting Tool

EF emission factor

EIA Energy Information Administration

EO Executive Order

EPA U.S. Environmental Protection Agency

°F degrees Fahrenheit

Federal Register

GHG greenhouse gas

GHGRP Greenhouse Gas Reporting Program

GWP global warming potential

HFC hydrofluorocarbon

HHV high heat value

IPCC Intergovernmental Panel on Climate Change

ISBN International Standard Book Number

F-GHG fluorinated greenhouse gas

F-HTF fluorinated heat transfer fluid

kg kilograms

LDC Local Distribution Company

Mscf thousand standard cubic feet

MSW municipal solid waste

O nitrous oxide

NAICS North American Industry Classification System

NCASI National Council for Air and Stream Improvement

NGL natural gas liquid

OMB Office of Management and Budget

ORIS Office of the Regulatory Information System

PFC perfluorocarbon

QA/QC quality assurance/quality control

RFA Regulatory Flexibility Act

SAR Second Assessment Report

sulfur hexafluoride

SNAP Significant New Alternative Policy

TAR Third Assessment Report

UNFCCC United Nations Framework Convention on Climate Change

U.S. United States

UMRA Unfunded Mandates Reform Act of 1995

Organization of This Document.

The following outline is provided to aid in locating information in this preamble.

I. Background

A. How is this preamble organized?

B. Background on the Proposed Action

C. Legal Authority

II. Technical Corrections and Other Amendments

A. Subpart A—General Provisions

B. Subpart C—General Stationary Fuel Combustion Sources

C. Subpart H—Cement Production

D. Subpart K—Ferroalloy Production

E. Subpart L—Fluorinated Gas Production

F. Subpart N—Glass Production

G. Subpart O—HFC-22 Production and HFC-23 Destruction

H. Subpart P—Hydrogen Production

I. Subpart Q—Iron and Steel Production

J. Subpart X—Petrochemical Production

K. Subpart Y—Petroleum Refineries

L. Subpart Z—Phosphoric Acid Production

M. Subpart AA—Pulp and Paper Manufacturing

N. Subpart BB—Silicon Carbide Production

O. Subpart DD—Electrical Transmission and Distribution Equipment Use

P. Subpart FF—Underground Coal Mines

Q. Subpart HH—Municipal Solid Waste Landfills

R. Subpart LL—Suppliers of Coal-based Liquid Fuels

S. Subpart MM—Suppliers of Petroleum Products

T. Subpart NN—Suppliers of Natural Gas and Natural Gas Liquids

U. Subpart PP—Suppliers of Carbon Dioxide

V. Subpart QQ—Importers and Exporters of Fluorinated Greenhouse Gases Contained in Pre-Charged Equipment or Closed-Cell Foams

W. Subpart RR—Geologic Sequestration of Carbon Dioxide

X. Subpart SS—Electrical Equipment Manufacture or Refurbishment

Y. Subpart TT—Industrial Waste Landfills

Z. Subpart UU—Injection of Carbon Dioxide

AA. Other Technical Corrections

III. Schedule for the Proposed Amendments

A. When would the proposed amendments become effective?

B. Options Considered for Revision and Republication of Emissions Estimates for Prior Year Reports

IV. Confidentiality Determinations

A. Overview and Background

B. Approach to Proposed Confidentiality Determinations for New or Substantially Revised Data Elements

C. Proposed Confidentiality Determinations for Individual Data Elements in Two Direct Emitter Data Categories and Two Supplier Data Categories

D. Proposed New Inputs to Emission Equations

E. Request for Comments on Proposed Category Assignments and Confidentiality Determinations

V. Impacts of the Proposed Rule

A. Impacts of the Proposed Amendments to Global Warming Potentials

B. Additional Impacts of the Proposed Technical Corrections and Other Amendments

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations

I. Background

A. How is this preamble organized?

The first section of this preamble contains background information regarding the origin of the proposed amendments. This section also discusses EPA's legal authority under the Clean Air Act (CAA) to promulgate (including subsequent amendments to) 40 CFR part 98 of the Greenhouse Gas Reporting Rule (hereinafter referred to as “Part 98”). Section II of this preamble is organized by Part 98 subpart and contains detailed information on the proposed revisions to the GHG Reporting Rule and the rationale for the proposed amendments. Section III of this preamble discusses the effective date of the proposed revisions for new and existing reporters and the options EPA is considering for revising and republishing emissions estimates for the reporting years 2010, 2011, and 2012. Section IV of this preamble discusses the proposed confidentiality determinations for new or substantially revised (i.e., requiring additional or different data to be reported) data reporting elements. Section V of this preamble discusses the impacts of the proposed amendments, primarily for current and new reporters of gases proposed to have revised or new global warming potentials (GWPs) listed in Part 98. Finally, Section VI of this preamble describes the statutory and executive order requirements applicable to this action.

B. Background on the Proposed Action

Part 98 was published in the

Federal Register

on October 30, 2009 (74 FR 56260). Part 98 became effective on December 29, 2009, and requires reporting of GHGs from certain facilities and suppliers. Subsequent notices were published in 2010 promulgating the requirements for subparts T, FF, II, and TT (75 FR 39736, July 12, 2010); subparts I, L, DD, QQ, and SS (75 FR 74774, December 1, 2010); and subparts RR and UU (75 FR 75060, December 1, 2010). A number of subparts have been revised since promulgation (75 FR 79092, December 17, 2010; 76 FR 73866, November 29, 2011; 77 FR 10373, February 22, 2012; 77 FR 51477, August 24, 2012). The EPA is proposing to further revise Part 98. This proposed revision includes technical corrections, clarifying revisions, and additional amendments to Part 98.

Changes proposed in this notice for certain source categories include, among other things, clarifying the data reporting requirements for certain facilities; correcting ambiguities or minor inconsistencies in greenhouse gas monitoring, calculation, and reporting requirements; amending monitoring and quality assurance methods to provide flexibility for certain facilities; and making other corrections identified as a result of working with the affected sources during rule implementation and outreach. In conjunction with this action, we are proposing confidentiality determinations for the new and substantially revised (i.e., requiring additional or different data to be reported) data elements under this proposed amendment.

In the first two years of implementation of Part 98, the EPA responded to thousands of questions from reporters and engaged in a stakeholder and public testing process to help improve development of EPA's electronic reporting system. Through these extensive outreach efforts, the EPA has improved our understanding of the technical challenges and burden associated with implementation of Part 98 provisions. The proposed changes would improve the Greenhouse Gas Reporting Program (GHGRP) by clarifying compliance obligations and reducing confusion for reporters, improving the consistency of the data collected, and ensuring that data collected through the GHGRP is representative of industry and comparable to other inventories.

The EPA is also proposing amendments to Table A-1 to Subpart A, General Provisions, of Part 98 to revise the values for the GWP of some GHGs and adding some GHGs (with associated GWP values) that are not currently included in the table.

The newly added GWP values are from the Intergovernmental Panel for Climate Change (IPCC) Fourth Assessment Report

(AR4) and EPA assessments of data supporting GWP estimates for certain GHGs identified since promulgation. Data supporting the proposed GWP estimates include information provided by chemical manufacturers currently reporting under the GHGRP as well as published literature. The EPA is proposing these changes to ensure comparability of data collected in the GHGRP to the

Inventory of U.S. Greenhouse Gas Emissions and Sinks

(hereinafter referred to as “Inventory”) that the EPA compiles annually to meet international commitments and to GHG inventories prepared by other countries; to reflect improved scientific understanding; and to promote consistency across the estimation methods used in the rule.

The GWP, a metric that incorporates both the heat-trapping ability and atmospheric lifetime of each GHG, can be used to develop comparable numbers by adjusting all GHGs relative to the GWP of CO

. When quantities of the different GHGs are multiplied by their GWPs, the different GHGs can be compared on a CO

basis. The GWP of CO

is 1.0, and the GWP of other GHGs are expressed relative to CO

. IPCC GWP values are based on the effects of the greenhouse gases over a 100-year time horizon. See 74 FR 16448, 53 (April 10, 2009).

IPCC Fourth Assessment Report (AR4), 2007.

Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change.

C. Legal Authority

The EPA is proposing these rule amendments under its existing CAA authority provided in CAA section 114. As stated in the preamble to the 2009 final GHG reporting rule (74 FR 56260, October 30, 2009), CAA section 114(a)(1) provides the EPA broad authority to require the information proposed to be gathered by this rule because such data would inform and are relevant to the EPA's carrying out a wide variety of CAA provisions. See the preambles to the proposed (74 FR 16448, April 10, 2009) and final Part 98 (74 FR 56260) for further information.

In addition, the EPA is proposing confidentiality determinations for certain new or substantially revised data elements required under the proposed GHG Reporting Rule under its authorities provided in sections 114, 301 and 307 of the CAA. As mentioned above, CAA section 114 provides the EPA authority to obtain the information in Part 98. Section 114(c) requires that EPA make publicly available information obtained under section 114 except for information (excluding emission data) that qualify for confidential treatment. The Administrator has determined that this action (proposed amendments and confidentiality determinations) is subject to the provisions of section 307(d) of the CAA.

II. Technical Corrections and Other Amendments

The EPA is proposing to revise Part 98 to introduce technical corrections, clarifying revisions, and other amendments to Part 98 to improve the

quality and consistency of the data collected by the EPA in response to feedback received from stakeholders during program implementation. The proposed amendments include the following types of changes:

• Revising GWPs for GHGs defined in Table A-1 of subpart A of Part 98 for consistency with the Inventory, and adding GWPs for fluorinated greenhouse gases (F-GHGs) used by Part 98 facilities that are not currently included in Table A-1 to reflect industry practices.

• Changes to clarify the applicability of calculation methods to certain sources at a facility.

• Corrections to terms and definitions in certain equations to provide clarity or better reflect actual operating conditions.

• Changes to correct typographical errors or cross references within and between subparts.

• Amending monitoring and quality assurance methods to provide flexibility for certain facilities.

• Corrections to data reporting requirements so that they more closely conform to the information used to perform emission calculations.

• Adding readily available data reporting requirements that would allow the EPA to verify the data submitted and assess the reasonableness of the data reported.

• Other amendments or corrections related to certain issues identified during rule implementation and outreach.

Sections II.A through II.AA of this preamble describe the more substantive corrections, clarifying, and other amendments we are proposing for each subpart. The proposed amendments discussed in this preamble include: Changes that affect the applicability of a subpart, changes that affect the applicability of a calculation method to a specific source at a facility, changes or corrections to calculation methods that substantially revise the calculation method or output of the equation, revisions to data reporting requirements that would substantively clarify the reported data element or introduce a new data element, clarifications of general monitoring and quality assurance requirements, and new terms and definitions. To reduce the length of this preamble, we have summarized less substantive corrections for each subpart in the memorandum, “Table of 2013 Revisions to the Greenhouse Gas Reporting Rule” (hereafter referred to as the “Table of Revisions”) available in the docket for this rulemaking (EPA-HQ-OAR-2012-0934). The proposed changes discussed in the Table of Revisions are straightforward clarifications of requirements to better reflect the EPA's intent, simple corrections to calculation terms or cross-references that do not affect the output of calculations, harmonizing changes within a subpart (such as changes to terminology), simple editorial and minor error corrections, or removal of redundant text. The Table of Revisions describes each proposed change within a subpart, including those itemized in this preamble, and provides the current rule text and the proposed correction. Where the proposed change is listed only in the Table of Revisions, the rationale for the proposed change is also listed there. You may comment on those proposed technical corrections, clarifying and other amendments identified in the Table of Revisions as well as any other part of this proposal.

A. Subpart A—General Provisions

1. Proposed Amendments to Subpart A—Global Warming Potentials

In today's action, we are proposing to revise Table A-1 of subpart A of Part 98 (hereafter referred to as “Table A-1”) by updating the GWP values of certain compounds and adding certain F-GHGs and their GWPs not previously included in Table A-1. These proposed changes relate to facilities and suppliers under Part 98 reporting the following greenhouse gases: methane (CH

), nitrous oxide (N

O), sulfur hexafluoride (SF

), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and other F-GHGs.

Fluorinated greenhouse gases,

as defined in 40 CFR 98.6, include sulfur hexafluoride, nitrogen trifluoride, and any fluorocarbon except for controlled substances as defined at 40 CFR part 82, subpart A and substances with vapor pressures of less than 1 mm of Hg absolute at 25 degrees C.

The changes are being proposed for two reasons. First, we propose to revise GWPs for GHGs currently in Table A-1 to ensure continued consistency with the Inventory as the Inventory begins to use GWPs from the IPCC Fourth Assessment Report. Second, we propose to add GWPs for F-GHGs that are not currently included in Table A-1 but that are emitted in significant quantities or for which newly available data or literature supports the establishment of a GWP in Table A-1. The background and general rationale for these proposed amendments are discussed in Section II.A.1.a of this preamble. The proposed changes to the GWPs currently in Table A-1 and the GWP determinations for new proposed compounds in Table A-1 are discussed in Sections II.A.1.b and II.A.1.c of this preamble. The schedule for the proposed amendments is discussed in Section III.A of this preamble.

The EPA is also considering options for revising and republishing emissions estimates for the reporting years 2010, 2011, and 2012 using the revised GWPs in Table A-1. The EPA is seeking comment on these options, which are discussed in Section III.B of this preamble. Because reporters affected by the GHG reporting rule use the GWPs in Table A-1 to calculate annual GHG emissions (or GHGs supplied, as applicable), and, for source categories with a carbon dioxide equivalent (CO

e)-based threshold, to determine whether they are required to report, the proposed new and revised GWPs could change the number of reporters and the magnitude of emissions reported for some source categories. If these amendments are finalized, some facilities to which the rule did not previously apply may be required to report based on increases in calculated GHG quantities that affect applicability (see Section V of this preamble for additional information). These impacts and the potential compliance costs of the proposed amendments for affected subparts are discussed in Section V of this preamble.

a. Background and General Rationale for GWP Revisions

U.S. GHG reporting programs and the IPCC Fourth Assessment Report.

As a party to the United Nations Framework Convention on Climate Change (UNFCCC), the United States participates in ongoing negotiations with the international community to promote global cooperation on climate change. The UNFCCC treaty, ratified by the U.S. in 1992, sets an overall framework for intergovernmental efforts to address the challenges posed by climate change.

As part of its commitment to the UNFCCC, the U.S. submits the

Inventory of U.S. Greenhouse Gas Emissions and Sinks

to the Secretariat of the UNFCCC as an annual reporting requirement.

The Inventory is a comprehensive assessment of U.S. GHG emissions based on national-level data and is prepared by EPA's Office of Air and

Radiation in coordination with other federal agencies. To ensure consistency and comparability with national inventory data submitted by other UNFCCC Parties, the Inventory submitted to the UNFCCC uses internationally-accepted methods agreed upon by the Parties (including the United States) to develop and characterize emission estimates.

See United Nations Framework Convention on Climate Change, 1992. Available at:

http://unfccc.int/resource/docs/convkp/conveng.pdf.

For more information about the UNFCCC, please refer to:

http://www.unfccc.int.

See Articles 4 and 12 of the Convention on Climate Change. Parties to the Convention, by ratifying, “shall develop, periodically update, publish and make available * * * national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies * * *.”

As described in the preamble of the proposed GHG Reporting Rule (74 FR 16448, April 10, 2009), the GHGRP is intended to supplement and complement existing U.S. government programs related to climate policy and research, including the Inventory submitted to the UNFCCC. The GHGRP provides data to develop and inform inventories and other U.S. climate programs by advancing the understanding of emission processes and monitoring methodologies for particular source categories or sectors. Specifically, the GHGRP complements the Inventory and other U.S. programs by providing data from individual facilities and suppliers above certain thresholds.

Collected facility, unit, and process-level GHG data from the GHGRP will provide or confirm the national statistics and emission estimates presented in the Inventory, which are calculated using aggregated national data. The EPA has received encouragement from stakeholders to use GHG data from the GHGRP to complement the Inventory, such as from EPA's stakeholder workshop for natural gas systems.

Stakeholder Workshop on the U.S. GHG Inventory for Natural Gas Systems. September 13-14, 2012, Washington, DC. See

http://www.epa.gov/climatechange/ghgemissions/Sept2012stakeholderworkshop.html.

During the development of the GHG Reporting Rule, the EPA generally proposed and finalized estimation methodologies and reporting metrics that were based on recent scientific data and that were consistent with the international reporting standards under the UNFCCC. This approach allows the data collected under the GHGRP to be easily compared to the data in the Inventory and to data from other national and international programs. Specifically, the EPA generally promulgated GWP values published in the IPCC Second Assessment Report (hereinafter referred to as “SAR GWP values”) to convert mass emissions (or supply) of each GHG into a common unit of measure, CO

e, for final reporting. At the time that Part 98 was finalized, in order to comply with international reporting standards under the UNFCCC, official emission estimates were to be reported by the United States and other parties using SAR GWP values. Although the IPCC published its Fourth Assessment Report (AR4) prior to publication of the final GHG reporting rule (74 FR 56260), the UNFCCC continued to require the use of SAR GWP values for reporting. For consistency and comparability of the data collected between the GHGRP and the Inventory, the EPA adopted the SAR GWP values in Table A-1 to subpart A of Part 98, with the exception of GWPs for certain F-GHGs adopted from the IPCC AR4.

For certain F-GHGs that were not addressed by the SAR but were included in Part 98 (e.g., NF

), the EPA promulgated up-to-date GWPs from the IPCC AR4. (The one exception was sevoflurane, whose GWP was based on a study by Langbein et al. as explained in the February 6, 2009

Technical Support Document for Industrial Gas Supply: Production, Transformation, and Destruction of Fluorinated GHGs and N

) This approach was consistent with the GWP values used for F-GHGs in the Inventory prepared by the EPA as part of the U.S. commitment to the UNFCCC.

The IPCC AR4 was published in 2007 and is among the most current and comprehensive peer-reviewed assessments of climate change. The AR4 provides revised GWPs of several GHGs relative to the values provided in previous assessment reports, following advances in scientific knowledge on the radiative efficiencies and atmospheric lifetimes of these GHGs and of CO

. Because the GWPs provided in the AR4 reflect an improved scientific understanding of the radiative effects of these gases in the atmosphere, the values provided are more appropriate for supporting the overall goal of the reporting program to collect GHG data than the SAR GWP values currently included in Table A-1. While we recognize that GWPs reflecting further scientific advances may become available in the near future (e.g., the IPCC Fifth Assessment Report, currently in development), it is not now EPA's intent to revise the GWPs in Table A-1 each time new data are published. Rather, we understand that it is also important for stakeholders to have consistent, predictable requirements to avoid confusion and additional burden. As discussed below, we are not proposing to adopt GWP values from the Fifth Assessment Report because it is our intent to have the GHGRP complement the requirements of the Inventory.

On March 15, 2012, the UNFCCC published a decision, reached by UNFCCC member parties, to require countries submitting an annual report in 2015 and beyond to use GWP values from the IPCC AR4 (hereinafter referred to as the “AR4 GWP values”).

Accordingly, the United States has a commitment to submit the Inventory for 2015 and future years using the revised AR4 GWP values. The Inventory for 2015 will contain national level estimates of emissions for each year from 1990-2013. In order to ensure that the GHGRP continues to complement and inform the Inventory submitted to the UNFCCC and relies on recent scientific data, we are proposing to revise the GWP values in Table A-1 of Part 98 to reflect the updated AR4 GWP values. The proposed changes would keep the reporting metrics in Part 98 consistent with the updated international reporting standards followed by the Inventory. Additionally, the proposed changes would allow for improved understanding of the radiative forcing from reported GHG emissions and supply, based on GWP values that are more up-to-date relative to the values currently provided in Table A-1. The proposed changes to Table A-1 would also ensure that the data collected in the GHGRP can be compared to other national and international inventories. These proposed changes are in keeping with the Agency's decision to use methods consistent with UNFCCC guidelines in the development of the October 30, 2009 GHG Reporting Rule.

Please refer to

http://unfccc.int/.

See Decision 15/CP.17, Revision of the UNFCCC reporting guidelines on annual inventories for Parties included in Annex I to the Convention. Parties of the Convention “* * *

Decide[s] that,

from 2015 until a further decision by the Conference of the Parties, the global warming potentials used by Parties to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases shall be those listed in the column entitled “Global warming potential for given time horizon” in table 2.14 of the errata to the contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change * * *.”

We recognize that some other EPA programs use the GWP values in Table A-1 to determine applicability of the program to direct emitters or suppliers above certain thresholds. For example, EPA's Greenhouse Gas Tailoring Rule (75 FR 31514; June 3, 2010) cross-references Table A-1 for calculating GHG emissions under the PSD and title V permitting programs. See, e.g., 40 CFR 52.21(b)(49)(ii)(a). Because the permitting applicability is based partly on CO

e emissions, which are calculated using the GWP values codified in Table A-1, an amendment to Table A-1 may affect program applicability for a source. As a result, a source that is assessing applicability under the PSD or title V permitting program should be aware of the

proposed changes to Table A-1 that may affect the CO

e emissions of the source once the Table A-1 amendment is promulgated and effective.

To the extent that a Table A-1 amendment raises permitting implementation questions or concerns, EPA's regional offices and the Office of Air Quality Planning and Standards, which manage the PSD and title V programs, will work with permitting authorities and other stakeholders as necessary to provide guidance on their issues and concerns. While we are seeking comments on specific GWP values proposed in this action, we are not reopening for comment the decision made in the Tailoring Rule, or any other rules or programs, to reference Table A-1.

This reliance of other EPA programs on Table A-1 promotes implementation consistency and avoids having to revise the other rules each time a GWP revision occurs. As noted in the Tailoring Rule preamble, “[a]ny changes to Table A-1 of the mandatory GHG reporting rule regulatory text must go through an appropriate regulatory process. In this manner, the values used for the permitting programs will reflect the latest values adopted for usage by EPA after a regulatory process and will be consistent with those values used in the EPA's mandatory GHG reporting rule.” (75 FR at 31522; June 3, 2010).

Use of the AR4 GWPs is also in keeping with other EPA programs. For example, the Agency decided to use these values in rules published jointly with the Department of Transportation, National Highway Traffic Safety Administration, the “Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards” (75 FR 25324, May 7, 2010).

While we are seeking comments on specific GWP values proposed in this action, we are not reopening for comment the decision made in the Light Duty Vehicle Rule, or any other rules or programs, to use AR4 GWPs.

Section II.A.1.b of this preamble lists the changes we are proposing to incorporate as a result of the updated AR4 GWPs.

Identification of GWPs in the scientific literature.

During implementation of Part 98, the EPA has collected data on the range and volume of F-GHGs emitted and supplied in the U.S. market by various F-GHG producers, importers, exporters, and manufacturers using F-GHGs in their production processes (e.g., electronics manufacturing, magnesium production).

The EPA reviewed available production and usage data for existing and newly synthesized gases and assessed available data substantiating the GWP calculation for gases for which a GWP value was not included in Table A-1 in the October 30, 2009 final rule. In this action, we are proposing to amend Table A-1 to add F-GHGs emitted or supplied by reporters under subparts I (Electronics Manufacturing), L (Fluorinated Gas Production), T (Magnesium Production), OO (Industrial GHG Suppliers), and QQ (Importers and Exporters of G-GHGs Contained in Pre-Charged Equipment and Closed-Cell Foams). Section II.A.1.c of this preamble lists the changes we are proposing to incorporate the additional F-GHGs into Table A-1.

Fluorinated heat transfer fluids

are defined as F-GHGs used for temperature control, device testing, cleaning substrate surfaces and other parts, and soldering in certain types of electronics manufacturing production processes. Under subpart I, the lower vapor pressure limit of 1 mm Hg in absolute at 25 °C in the definition of

fluorinated greenhouse gas

in 40 CFR 98.6 does not apply.

The EPA is proposing to amend Table A-1 to subpart A of Part 98 to add 26 F-GHGs for which we have identified a GWP based on an assessment of recent scientific literature. Table A-1 to subpart A is a compendium of GWP values of select GHGs that are required to be reported under one or more subparts of Part 98, and where the EPA has identified the GWP in the IPCC AR4 report or other sources. As acknowledged in the preamble to the final Part 98 (74 FR 56260, October 30, 2009), Table A-1 is not a complete listing of current or potential compounds, but reflects only those GWPs for listed materials that had been synthesized, their atmospheric properties investigated, and the results published and reviewed prior to promulgation of the final rule. Currently, some Part 98 source categories provide calculation methodologies and reporting requirements for F-GHGs for which GWP values were not available in the IPCC SAR, TAR, AR4, or other scientific assessments at promulgation. As noted in the preamble to the final Part 98 (74 FR 56260), it is the EPA's intent to periodically update Table A-1 as GWPs are evaluated or re-evaluated by the scientific community.

b. Proposed Revisions From the IPCC Fourth Assessment Report

The proposed amendments to Table A-1 would revise the GWPs for 23 GHGs to reflect the 100-year GWP values adopted by the UNFCCC and published in the IPCC AR4. Table 2 of this preamble lists the GHGs whose GWP values we are proposing to revise, along with the GWP values currently listed in Table A-1 and the proposed revised GWP values from the IPCC AR4.

Table 2—GHGs With Proposed Revised GWPs for Table A-1

Name

CAS No.

Current global warming potential

Proposed global warming potential

Methane

74-82-8

Nitrous oxide

10024-97-2

310

298

HFC-23

75-46-7

11,700

14,800

HFC-32

75-10-5

650

675

HFC-41

593-53-3

150

HFC-125

354-33-6

2,800

3,500

HFC-134

359-35-3

1,000

1,100

HFC-134a

811-97-2

1,300

1,430

HFC-143

430-66-0

300

353

HFC-143a

420-46-2

3,800

4,470

HFC-152a

75-37-6

140

124

HFC-227ea

431-89-0

2,900

3,220

HFC-236fa

690-39-1

6,300

9,810

HFC-245ca

679-86-7

560

693

HFC-43-10mee

138495-42-8

1,300

1,640

Sulfur hexafluoride

2551-62-4

23,900

22,800

PFC-14 (Perfluoromethane)

75-73-0

6,500

7,390

PFC-116 (Perfluoroethane)

76-16-4

9,200

12,200

PFC-218 (Perfluoropropane)

76-19-7

7,000

8,830

PFC-3-1-10 (Perfluorobutane)

355-25-9

7,000

8,860

Perfluorocyclobutane

115-25-3

8,700

10,300

PFC-4-1-12 (Perfluoropentane)

678-26-2

7,500

9,160

PFC-5-1-14 (Perfluorohexane)

355-42-0

7,400

9,300

From Table A-1 to subpart A of the October 30, 2009 GHG Reporting Rule.

From Table 2.14 of the errata to Working Group 1 of the IPCC AR4.

We are proposing to adopt only GWP values based on a 100-year time horizon, although other time horizons are available in the IPCC AR4 (e.g., 20-year or 500-year GWPs). As acknowledged in the April 10, 2009 proposed GHG reporting rule (74 FR 16448), the parties to the UNFCCC agreed to use GWPs based upon a 100-year time horizon. Therefore, 100-year GWPs are used as the metric in the Inventory. Because the proposed changes are intended to make the GHGRP reporting methods more consistent with the Inventory, we are not considering the use of GWPs based on other time horizons.

As noted above, Table A-1 already includes AR4 GWPs for chemicals for which GWPs were not presented in the SAR (e.g., fluorinated ethers); the EPA is therefore proposing to retain the current GWPs for these chemicals (and for sevoflurane, which has not been included in any IPCC assessment but already is included in Table A-1). A complete listing of the current GWPs in Table A-1 to subpart A and the AR4 GWP values may be found in the memorandum, “Assessment of Emissions and Cost Impacts of 2013 Revisions to the Greenhouse Gas Reporting Rule” (hereafter referred to as “Impacts Analysis”) (see Docket ID No. EPA-HQ-OAR-2012-0934).

For one set of chemicals, fluorinated ethers and alcohols, the EPA is seeking comment on adopting GWPs from an international scientific assessment published more recently than AR4, the WMO (World Meteorological Organization)

Scientific Assessment of Ozone Depletion: 2010

(Global Ozone Research and Monitoring Project-Report No. 52, 516 pp., Geneva, Switzerland, 2011). Like the IPCC Assessment Reports, the WMO Scientific Assessments include regularly updated international reviews of the scientific findings on the lifetimes and impacts of trace gases in the atmosphere. While the primary focus of the WMO Scientific Assessments is depletion of stratospheric ozone, they have also included estimated GWPs for a number of fluorocarbons that do not deplete stratospheric ozone (many of which are substitutes for ozone-depleting substances) since 1989.

The current Table A-1 includes AR4 GWPs for several fluorinated ethers and alcohols, including several hydrofluoroethers (HFEs), which could be updated through the WMO Scientific Assessments. These fluorinated ethers and alcohols are not required to be included in national GHG inventories reported under the UNFCCC. In general, the compounds required to be reported under the GHGRP go beyond the minimum reporting requirements of the UNFCCC (e.g., NF

or fluorinated heat transfer fluids). These compounds were included in Part 98 because they are long-lived in the atmosphere, have high GWPs, and, in many cases, are used in expanding industries or as substitutes for HFCs (see 74 FR 16464, April 10, 2009). Thus, adopting GWPs for these compounds from an international assessment that is more recent than the AR4 would not conflict with UNFCCC reporting.

The 2010 WMO Scientific Assessment includes significant updates to the GWPs for several HFEs in commerce, reflecting improved understanding of the atmospheric lifetimes and radiative efficiencies of these chemicals. In a number of cases, estimated 100-year GWPs for HFEs have approximately doubled; in one, (for HFE-338mmz1), the estimated 100-year GWP rose by over a factor of six, from 380 to 2570. (The changes to the estimated GWPs of other fluorinated GHGs, such as the HFCs and PFCs, were far smaller.) To ensure consistency between the GHGRP and UNFCCC reporting, the EPA is not proposing to adopt GWPs from the 2010 WMO Scientific Assessment for chemicals other than fluorinated ethers and alcohols. However, the EPA requests comment on adopting GWPs from the 2010 WMO Scientific Assessment for a subset of chemicals, fluorinated ethers and alcohols, that are not reported under the Inventory.

We are not proposing to include GWPs for ozone-depleting substances controlled by the Montreal Protocol

and by Title VI of the CAA (e.g., chlorofluorocarbons, hydrochlorofluorocarbons, and halons) in Table A-1, although the IPCC AR4 includes updated GWPs for them. These controlled substances are specifically excluded from the definition of GHG, F-GHG, and F-HTF under Part 98 (and thus not required to be reported under Part 98), as these substances are already effectively reported under 40 CFR part 82. Furthermore, the reduction of these substances is controlled under the Montreal Protocol. The UNFCCC does not cover these substances or require reporting of these substances by UNFCCC parties,

so collecting data on these substances is unnecessary to complement or supplement the Inventory.

The Montreal Protocol on Substances that Deplete the Ozone Layer

is an international treaty that controls and phases out various ozone-depleting substances including chlorofluorocarbons, hydrochlorofluorocarbons and halons. These compounds are regulated in the U.S. under Title VI of the CAA. The UNFCCC does not cover these substances, and instead defers their treatment to the Montreal Protocol.

Refer to:

http://www.unfccc.int

. See Article 4 of the Convention on Climate Change.

c. Proposed Additional F-GHGs and GWPs for Table A-1

We are proposing to include 26 new F-GHGs in Table A-1 of subpart A for which the EPA has identified scientific assessments of the GWPs. These F-GHGs were not included in AR4 for a variety of reasons.

As discussed in Section II.A.1.a of this preamble, the F-GHGs we are proposing to include in Table A-1 are emitted or supplied by reporters under subparts I, L, T, OO, and QQ. Including GWP values in Table A-1 for these compounds would ensure that their atmospheric impacts are accurately reflected in annual reports, threshold determinations, or other calculations, as appropriate for each subpart in Part 98. In general, those F-

GHGs whose GWPs are currently not listed in Table A-1 are not currently included in threshold calculations for applicability or in the CO

e totals reported by facilities and suppliers

(although they are currently reported in metric tons of substance emitted or supplied (40 CFR 98.3(c)(4))). Where their GWPs are low, these compounds may have little effect on facility CO

e totals. However, where their GWPs are high, they may have a large effect on those totals.

In some cases, the F-GHGs had not been developed or had not become commercially important in time for inclusion in AR4; in others, the F-GHGs were known to have short atmospheric lifetimes and/or low GWPs.

The one exception to this is F-GHGs reported under subpart L. Under a final rule published on August 24, 2012 (77 FR 51477), fluorinated gas producers are required for RY 2011 and RY 2012 to report total annual emissions in CO

e and to use either default or best-estimate GWPs for fluorinated GHGs that do not have GWPs listed in Table A-1.

In some cases, the proposed additions to Table A-1 would help to ensure that all Part 98 facilities emitting or supplying the identified F-GHGs would use consistent GWPs to calculate emissions of CO

e. For example, GWPs are used in 40 CFR 98.123(c)(1), a provision of subpart L of Part 98 (Fluorinated Gas Production), to determine the emission estimation method for continuous process vents.

Under 40 CFR 98.123(c)(1)(v), subpart L reporters must use the GWPs in Table A-1 to convert F-GHG emissions to CO

e for a preliminary estimate of emissions. For F-GHGs whose GWPs are not listed in Table A-1, subpart L reporters must use a default GWP of 2,000 unless they submit a request to use provisional GWPs for those F-GHGs following the requirements of 40 CFR 98.123(c)(1)(vi) and the EPA approves the request. Provisional GWPs may be used only in the calculations in 40 CFR 98.123(c)(1) and only by the facilities for which they have been approved.

Therefore, although the EPA may have reviewed and substantiated provisional GWP values for select F-GHGs for certain producers to use in determining the emission estimation method for continuous process vents under subpart L, the provisional GWPs may not be used by other Part 98 facilities. Including the proposed F-GHGs in Table A-1 would reduce burden for facilities that may otherwise be required to perform stack testing based on the default GWP (e.g., if the default GWP overstates the radiative efficiency of the F-GHG). Additionally, including these F-GHGs in Table A-1 would provide more accurate reporting than the use of the default GWPs under subpart L.

This is part of the provision of subpart L that allows facilities to request to use provisional GWPs to calculate a preliminary estimate of emissions from each process vent. If the preliminary estimate indicates that a vent emits 10,000 metric tons CO

e or more, the subpart L reporter is required to use stack testing to establish an emission factor for the continuous process vent. If the preliminary estimate indicates that the vent emits less than 10,000 metric tons CO

e, the subpart L reporter may use engineering calculations or assessments to develop an emission calculation factor.

For reporting years 2011 and 2012, subpart L reporters may use a best estimate of the GWP meeting the data requirements for provisional GWPs in 40 CFR 98.123(c)(1)(vi)(A)(3) as part of their facility-wide reported emissions.

The proposed F-GHGs include F-GHGs for which the EPA has previously reviewed scientific assessments from requests for provisional GWPs, F-GHGs submitted by a fluorinated GHG producer with suggested GWPs and supporting data and analysis on August 21, 2012, and F-GHGs for which evaluations of the GWPs were performed by the EPA (e.g., as part of evaluations associated with EPA's Significant New Alternative Policy (SNAP) program), or published in peer-reviewed scientific journals.

Specifically, the compounds we are proposing to add to Table A-1 of subpart A include:

The SNAP program is EPA's program to evaluate substitutes for the ozone-depleting substances that are being phased out under the stratospheric ozone protection provisions of the Clean Air Act (as implemented in 40 CFR part 82). As part of EPA's assessment of a substitute's overall risk to human health and the environment, the EPA reviews scientific assessments of the GWP and considers this, among other criteria, in evaluating a substitute.

• Seven compounds for which the EPA has approved provisional GWPs for purposes of the calculations in 40 CFR 98.123(c)(1). The EPA reviewed scientific assessments of the GWPs for these F-GHGs as provided with provisional GWP requests received from Honeywell International (“Honeywell”) and DuPont de Nemours, Inc. (“DuPont”) and published in the February 3, 2012 Notice of Data Availability (77 FR 5514). The EPA approved provisional GWPs for one F-GHG for Honeywell, and for six F-GHGs for DuPont. The EPA finalized its determinations for these compounds on February 24, 2012 (see Docket ID No. EPA-HQ-OAR-2009-0927-0273). Based on EPA's review of the GWP estimation methods for these compounds, we are proposing to amend Table A-1 to include these seven gases.

• Four compounds submitted with provisional GWP requests for which the EPA did not approve provisional GWPs (including three F-GHGs for DuPont, and one F-GHG for Honeywell). The companies submitted scientific data supporting the GWPs of these four compounds, which was made available in the February 3, 2012 Notice of Data Availability (77 FR 5514). (see Docket ID No. EPA-HQ-OAR-2009-0927-0256 for further discussion of the scientific assessments reviewed). The EPA did evaluate the GWPs of these F-GHGs, but not for the purposes of the calculations in 40 CFR 98.123(c) because the calculated emission rates of these chemicals, when using the default GWP, did not exceed the 10,000 metric tons CO

e threshold and did not meet the conditions of 40 CFR 98.123(c)(1)(v). The fact that the EPA did not approve the GWPs for purposes of the calculations in 40 CFR 98.123(c)(1) was not due to disagreement with the companies' suggested GWPs. Therefore, the EPA is also proposing to amend Table A-1 to include these four gases.

• Ten F-GHGs submitted by DuPont on August 21, 2012, with supporting data and analysis (see Table 3 of this preamble). We are proposing to include the ten compounds in Table A-1. For each compound, DuPont included peer-reviewed scientific data supporting the suggested GWP.

• Five F-GHGs which were identified from the EPA's review of industrial gases produced for or used in the electronics manufacturing, fluorinated gas production, magnesium production, electrical equipment manufacture or refurbishment, and industrial gas supplier source categories and for which scientific assessments or other documentation of the GWPs were identified through the EPA's SNAP Program or peer-reviewed literature. These compounds are identified under the common names FK-5-1-12 (Novec

612), FK-6-1-12 (Novec

774), trans-1-chloro-3,3,3-trifluoroprop-1-ene, PFC-6-1-12, and PFC-7-1-18.

Determination of proposed GWPs.

To determine the proposed GWPs for each compound, the EPA reviewed the scientific literature for each compound and evaluated the accuracy of the estimation methods and assumptions used to derive the GWP.

A detailed description of the EPA's analysis may be found in the memorandum, “GWP

Determinations for Proposed Additional F-GHGs for Table A-1”, Docket ID No EPA-HQ-OAR-2012-0934. The proposed GWP for each of the 26 compounds is included in Table 3 of this preamble; Table 3 also includes how each compound was identified for inclusion in Table A-1 of subpart A.

The key component of the GWP calculation is the time-integrated radiative forcing of a one-kg emission of the compound over a 100-year time horizon. The accuracy of the radiative forcing calculation depends on the accuracies of the infrared absorption spectrum and the atmospheric lifetime of the compound. The lifetime is affected by the compound's reaction rates through reaction with atmospheric oxidants (e.g., ozone or hydroxyl radicals) or through photolysis (destruction by light). These rates, as well as the radiative efficiency of the compound, depend on the distribution of the compound in the atmosphere with altitude, latitude and longitude. The factors affecting GWPs are discussed in more detail in

Supporting Analysis for Mandatory Reporting Of Greenhouse Gases: Notice Of Preliminary Determinations Regarding Requests to Use Provisional Global Warming Potentials Under the Fluorinated Gas Production Category of the Greenhouse Gas Reporting Rule

(January 23, 2011), which is available in Docket EPA-HQ-OAR-2012-0934.

Table 3—Proposed F-GHGs With GWPs for Table A-1

Chemical designation or common name

CAS No.

Chemical formula

Proposed GWP

Origin of compound and GWP assessments

HFC-1234ze(E)

29118-24-9

Approved as provisional GWP for Honeywell International (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

hexafluoropropylene (HFP)

116-15-4

0.25

Approved as provisional GWP for DuPont de Nemours (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

perfluoromethyl vinyl ether (PMVE)

1187-93-5

CF(CF

)OCF

Approved as provisional GWP for DuPont de Nemours (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

tetrafluoroethylene (TFE)

116-14-3

0.02

Approved as provisional GWP for DuPont de Nemours (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

trifluoro propene (TFP)

677-21-4

Approved as provisional GWP for DuPont de Nemours (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

vinyl fluoride (VF)

75-02-5

0.7

Approved as provisional GWP for DuPont de Nemours (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

vinylidine Fluoride (VF2)

75-38-7

0.9

Approved as provisional GWP for DuPont de Nemours (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

carbonyl fluoride

353-50-4

COF

Submitted with provisional GWP request for DuPont de Nemours, no provisional GWP approved (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

perfluoropropyl vinyl ether

1623-05-8

Submitted with provisional GWP request for DuPont de Nemours, no provisional GWP approved (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

perfluoroethyl vinyl ether

10493-43-3

Submitted with provisional GWP request for DuPont de Nemours, no provisional GWP approved (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

HFC-1234yf

754-12-1

Submitted with provisional GWP request for Honeywell International, no provisional GWP approved (see EPA-HQ-OAR-2009-0927-0273, February 24, 2012).

perfluorethyl iodide (2-I)

354-64-3