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Daily Rules, Proposed Rules, and Notices of the Federal Government

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0147; FRL-9714-3]

RIN 2060-AR53

2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule, and Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: The EPA is amending specific provisions of the Greenhouse Gas Reporting Rule to provide greater clarity and flexibility to facilities subject to reporting emissions from the industrial waste landfill, petroleum and natural gas systems, fluorinated gas production, and electronics manufacturing source categories. These source categories will report greenhouse gas data for the first time in September 2012. The changes do not significantly change the overall calculation and monitoring requirements of the Greenhouse Gas Reporting Rule or add additional requirements for reporters. The EPA is also making confidentiality determinations for four new data elements for the fluorinated gas production source category of the Greenhouse Gas Reporting Rule. Lastly, we are finalizing an amendment to the general provisions to defer the reporting deadline for a data element used as an input to an emission equation in the fluorinated gas production source category until 2015.
DATES: This final rule is effective on August 24, 2012, except for the amendments to 40 CFR 98.3(c)(4) and the confidentiality determinations for subpart L described in section II.D of the Supplementary Information, which are effective on September 24, 2012.
ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2011-0147. All documents in the docket are listed inthehttp://www.regulations.govindex. 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, is not placed on the Internet and is publicly available only in hard copy. Publicly available docket materials are available either electronically inhttp://www.regulations.govor 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 and implementation materials, please go to the Greenhouse Gas Reporting Rule Program Web site athttp://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 this final rule will also be available through the WWW. Following the Administrator's signature, a copy of this action will be posted on the EPA's Greenhouse Gas Reporting Program Web site athttp://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 section 307(d) apply to “such other actions as the Administrator may determine”). These amended regulations could affect owners or operators of direct emitters of GHGs. Regulated categories and affected entities may include those listed in Table 1 of this preamble:

Table 1—Examples of Affected Entities by Category Category NAICS Examples of affected 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. Electronics Manufacturing 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic (solid-state) device manufacturing facilities. 334419 LCD unit screens manufacturing facilities. 334419 MEMS manufacturing facilities. Fluorinated Gas Production 325120 Industrial gases manufacturing facilities. Industrial Waste Landfills 562212 Solid waste landfills. 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. 221320 Sewage treatment facilities.

Table 1 of this preamble is not intended to be exhaustive, but rather lists the types of facilities that the EPA is now aware could be potentially affected by the reporting requirements. 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 or the relevant criteria in the sections related to direct emitters of GHGs. If you have questions regarding the applicability of this action to a particular facility, consult the person listed in the precedingFOR FURTHER INFORMATION CONTACTsection.

What is the effective date?This final rule is effective on August 24, 2012, except for the amendments to 40 CFR 98.3(c)(4) (the subpart A amendments that affect subpart I) and the confidentiality determinations for subpart L, which are effective on September 24, 2012. Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. Chapter 5, generally provides that rules may not take effect earlier than 30 days after they are published in theFederal Register. EPA is issuing this final rule under section 307(d)(1) of the Clean Air Act, which states: “The provisions of section 553 through 557 * * * of Title 5 shall not, except as expressly provided in this section, apply to actions to which this subsection applies.” Thus, section 553(d) of the APA does not apply to this rule. EPA is nevertheless acting consistently with the purposes underlying APA section 553(d) in making the final rule provisions, except for the amendments to 40 CFR 98.3(c)(4) (the subpart A amendments that affect subpart I) and the subpart L confidentiality determinations, effective on August 24, 2012. This final rule, except for the amendments to 40 CFR 98.3(c)(4) (the subpart A amendments that affect subpart I) and the subpart L confidentiality determinations, temporarily requires less detailed reporting under subpart L than would otherwise have been required by the November 2010 Subpart L final rule (75 FR 74774), defers the deadline for reporting a data element used as an input to emission equations under subpart L, removes a data reporting requirement and otherwise provides flexibilities under subpart W, and removes the requirement for some facilities to report under subpart TT. A shorter effective date in such circumstances is consistent with the purposes of APA section 553(d), which provides an exception for any action that grants or recognizes an exemption or relieves a restriction.

Judicial Review.Under section 307(b)(1) of the CAA, judicial review ofthis final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit (the Court) by October 23, 2012. Under CAA section 307(d)(7)(B), only an objection to this final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Section 307(d)(7)(B) of the CAA also provides a mechanism for the EPA to convene a proceeding for reconsideration, “[i]f the person raising an objection can demonstrate to EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.” Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a copy to the person listed in the precedingFOR FURTHER INFORMATION CONTACTsection, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004. Note, under CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce these requirements.

Acronyms and Abbreviations.The following acronyms and abbreviations are used in this document.

CAAClean Air Act CBIconfidential business information CFRCode of Federal Regulations CH4methane CO2carbon dioxide DOCdegradable organic carbon EFemission factor EPAU.S. Environmental Protection Agency FRFederal Register GHGgreenhouse gas GHGRPGreenhouse Gas Reporting Program kg/ft3kilograms per cubic foot CO2ecarbon dioxide equivalent N2Onitrous oxide NAICSNorth American Industry Classification System NTTAANational Technology Transfer and Advancement Act OMBOffice of Management and Budget psiapounds per square inch absolute QSARsquantitative structure activity relationships RFARegulatory Flexibility Act SF6sulfur hexafluoride U.S.United States UMRAUnfunded 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. Organization of This Preamble B. Background on the Final Rule C. Legal Authority D. How do these amendments apply to 2012 reports? E. How do these amendments affect confidentiality determinations? II. Final Amendments and Responses to Public Comments A. Subpart A—General Provisions B. Subpart TT—Industrial Waste Landfills C. Subpart W—Petroleum and Natural Gas Systems D. Subpart L—Fluorinated Gas Production III. 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 K. Congressional Review Act I. Background A. Organization of This Preamble

This preamble consists of three sections. The first section provides background on 40 CFR part 98 and describes the purpose and legal authority for this action.

The second section of this preamble summarizes the revisions made to the specific requirements for the general provisions (subpart A), industrial waste landfills (subpart TT), petroleum and natural gas systems (subpart W) and fluorinated gas production (subpart L) of 40 CFR part 98. It also describes the major changes made to these source categories since proposal and provides a brief summary of significant public comments and EPA's responses on issues specific to each source category. Additional responses to significant comments can be found in the document “2012 Technical Corrections, Clarifying and Other Amendments to the Greenhouse Gas Reporting Rule, and Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category—Responses to Public Comment” in the docket to this rulemaking.

The third section of this preamble discusses the various statutory and executive order requirements applicable to this rulemaking.

B. Background on the Final Rule

This action finalizes amendments to provisions in 40 CFR part 98, subparts A, TT, W, and L. The 2009 final GHG Reporting Rule was published in theFederal Registeron October 30, 2009 (74 FR 56260, hereafter referred to as the “2009 final rule” or “Part 98”). The 2009 final rule, which finalized reporting requirements for 30 source categories, did not include subparts TT, W, and L. Subsequent notices were published in 2010 finalizing the requirements for subpart TT (75 FR 39736, July 12, 2010), subpart W (75 FR 74458, November 30, 2010), and subpart L (75 FR 74774, December 1, 2010). Following the promulgation of these subparts, the EPA finalized four technical corrections and clarifying amendments to these and other subparts under the Greenhouse Gas Reporting Program (GHGRP).1

175 FR 66434, October 28, 2010; 75 FR 79092, December 17, 2010; 76 FR 73866, November 29, 2011; 76 FR 80554, December 23, 2011.

In a separate recent action, the EPA proposed corrections, clarifying, and other amendments to subparts A, TT, W, and L on May 21, 2012 (77 FR 29935), hereinafter “2012 Technical Corrections Proposal.” In that action, the EPA proposed several amendments to specific provisions in these subparts to provide greater clarity and flexibility to facilities subject to reporting in 2012. The EPA also proposed an amendment to Table A-7 of subpart A to add a subpart L data element that was inadvertently omitted in the final deferral rule2 to defer its reporting deadline until 2015. In this action, the EPA is finalizing amendments to provisions in subparts A, TT, W, and L.

276 FR 53057, August 25, 2011.

On January 10, 2012 (77 FR 1434), the EPA proposed confidentiality determinations for data elements (excluding those used as inputs to emission equations) in eight subparts of Part 98, including subpart L. In the 2012 Technical Corrections Proposal, the EPA proposed, among other things, four new data elements for subpart L and confidentiality status for those four new subpart L data elements. In this action, the EPA is finalizing the addition of fournew data elements to subpart L and their confidentiality determinations.

C. Legal Authority

The EPA is promulgating these 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 April 10, 2009 initial proposed rule,3 Volume 9, Legal Issues, CAA section 114 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. As discussed in the preamble to the initial proposed rule (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 who 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. For further information about the EPA's legal authority, see the preambles to the 2009 proposed and final rules and EPA's Response to Comments, Volume 9.

3Seehttp://www.epa.gov/climatechange/emissions/responses.html.

In addition, the EPA is making confidentiality determinations for four data elements in subpart L, 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, including the four new data elements we have added to subpart L. Section 114(c) requires that the EPA make information obtained under section 114 publicly available, except where information qualifies for confidential treatment. Section 114(c) excludes emission data from qualifying for confidential treatment. The Administrator has determined that this action (amendment and confidentiality determination) is subject to the provisions of section 307(d) of the CAA.

D. How do these amendments apply to 2012 reports?

As explained in the preamble to the 2012 Technical Corrections Proposal, our response to comments, and this notice, we believe that it is feasible for reporters to implement the changes for the 2011 reporting year, for which reports are due by September 28, 2012. The revisions that apply to the reporting for 2011 are primarily technical corrections, and provide clarification regarding the existing regulatory requirements or reduce the amount of information that is required to be reported.

In the case of 40 CFR part 98, subpart A, the amendment is merely a harmonizing change to a technical correction finalized in February 2012 for subpart I (see 77 FR 10373). This change is effective for reporting year 2012 and does not affect reporting year 2011. The February 2012 subpart I technical correction required reporters to calculate emissions of certain additional fluorinated heat transfer fluids under subpart I; however, the February 2012 correction inadvertently omitted an amendment to a corresponding requirement in subpart A to include those calculated emissions in the annual GHG report. This action corrects this omission by requiring that reporters include these emissions from heat transfer fluids in their facility level totals reported to the EPA in the annual GHG report. Additionally, as proposed, this rule adds one data element to Table A-7 to Subpart A (Table A-7 lists data elements whose reporting deadline is deferred until 2015). This element was inadvertently omitted in the final deferral rule defers the reporting of one additional input until 2015. Because this reduces the reporting requirements, the EPA has determined that it is feasible for this amendment to apply to the reporting year 2011; therefore this data element would not need to be reported until 2015.

In the case of 40 CFR part 98, subpart TT, this final rule excludes some facilities from the reporting requirements and reduces the burden by making it easier for facilities to determine applicability of subpart TT under the GHG Reporting Rule. The excluded facilities are not expected to emit GHGs since they receive only inert wastes that do not generate methane.

In the case of 40 CFR part 98, subpart W, the amendments include technical corrections that, while important to allow reporters to calculate emissions accurately, do not materially affect the actions facilities must take to comply with the rule. For example, in this action the EPA has corrected the emission factors in Table W-1A of subpart W for the onshore petroleum and natural gas production segment, due to an error in the December 23, 2011 Technical Revisions to the Petroleum and Natural Gas Systems Category of the Greenhouse Gas Reporting Rule (76 FR 80554, December 23, 2011, referred to hereinafter as the “December 2011 technical corrections final rule”), where EPA incorrectly revised several of the emission factors in this table. This final rule corrects this error but does not materially affect the actions a facility must undertake to comply with subpart W.

In the case of 40 CFR part 98, subpart L, facilities subject to subpart L will report greenhouse gas emissions in a more aggregated manner in 2012 and 2013. This amendment is temporary (i.e., for 2012 and 2013 only) to allow the EPA time to fully evaluate concerns recently raised by stakeholders regarding reporting, and subsequent EPA release, of certain emission data.

As explained above, we have concluded that it is appropriate to have these amendments to subpart A, Table A-7 and subparts TT and W apply to the 2011 reporting year, for which reporting occurs on September 28, 2012. For additional background information regarding some of these amendments, please refer to the Technical Support Document for the 2012 Technical Corrections, Clarifying and Other Amendments to Certain Provisions of the Greenhouse Gas Reporting Rule proposal, available in the docket for this rulemaking (EPA-HQ-OAR-2011-0147-0041).

E. How do these amendments affect confidentiality determinations?

The amendments in this action do not affect the confidentiality determinations for subpart A data elements finalized in the “Confidentiality Determinations for Data Required Under the Mandatory Greenhouse Gas Reporting Rule and Amendments to Special Rules Governing Certain Information Obtained Under the Clean Air Act,”4 (hereinafter referred to as the “2011 Final CBI rule”) or the proposed determinations for subparts W,5 L,6 and TT.7 In this notice, we are also finalizing confidentiality determinations for the four new subpart L data elements also added in this rule. The confidentiality determinations for these new data elements together withour rationale are discussed in Section II.D.1 of this preamble.

4See 75 FR 30782, May 26, 2011.

5See 77 FR 11039, February 24, 2012.

6See 77 FR 1434, January 10, 2012.

7See 75 FR 30782, May 26, 2011 for final confidentiality determination for subpart TT. See 77 FR 1434, January 10, 2012 for proposed confidentiality determinations for new subpart TT data elements added by the December 2011 technical corrections final rule subsequent to the final confidentiality determinations made in 75 FR 30782. For the final determinations for the new subpart TT data elements, see the recently signed action titledFinal Confidentiality Determinations For Nine Subparts and Amendments to Subparts A and I Under the Mandatory Reporting of Greenhouse Gases Rule.

This rule does not include confidentiality determinations for subparts A, W, and TT. For the subpart A amendments, we are not making any confidentiality determinations because the data element being added is a subset of another data element in subpart I for which we have already proposed a CBI determination. Additionally, we are not making any confidentiality determination at this time for the subpart L data element added to Table A-7 of subpart A to defer the deadline for reporting until 2015. For subpart W, in addition to deleting an existing data element, the amendments in this action make only minor clarifications to the existing reporting requirements in that subpart, which do not change the type of data to be reported. Therefore, there is no change to the proposed confidentiality determinations for the data elements in that subpart. There are no amendments to the reporting requirements for subpart TT.

II. Final Amendments and Responses to Public Comments

In this action, the EPA is amending several provisions in subparts A, TT, W, and L of 40 CFR part 98 to provide greater clarity and flexibility. The amendments are listed in this section by subpart, followed by a more detailed summary of the final amendments to the various provisions and the EPA's responses to major comments submitted on those amendments. We indicate where an amendment is being finalized as proposed and where an amendment differs from that which was proposed in the 2012 Technical Corrections Proposal. For additional comments and EPA's response to those comments please see the comment response document available in Docket ID No. EPA-HQ-OAR-2011-0147.

A. Subpart A—General Provisions 1. Summary of Final Amendments

As proposed, this action amends the general reporting requirements of 40 CFR 98.3(c)(4) of subpart A, which specifies the types of data and format for reporting emissions in the annual GHG reports (e.g., annual emissions from each source category by GHG). In addition to the proposed amendments to 98.3(c)(4), EPA has included one additional edit to 40 CFR 98.3(c)(4) that did not appear in the proposal. This additional amendment adds the text “and each fluorinated heat transfer fluid (as defined in § 98.98)” to the introductory sentence of 40 CFR 98.3(c)(4). Although this edit was not proposed in the 2012 Technical Corrections Proposal, it is being added as a clarifying change to the regulatory language. EPA has determined that this additional edit does not substantively change the amendments that were proposed and is administrative in nature. The amendment to subpart A that was proposed in the 2012 Technical Corrections proposal specifies that facilities subject to subpart I must include all fluorinated HTFs listed in Table A-1 of subpart A in the computation of CO2e that is required by 40 CFR 98.3(c)(4)(i). Specifically, facilities must report each fluorinated HTF that is also a fluorinated GHG under 40 CFR 98.3(c)(4)(iii)(E) and each fluorinated HTF that is not a fluorinated GHG in the new data element, 40 CFR 98.3(c)(4)(iii)(F). This change, effective for reporting year 2012, conforms with the amendments to reporting requirements for heat transfer fluids (fluorinated HTFs) that were published on February 22, 2012 (77 FR 10373). This change simplifies reporting for facilities and reduces burden by amending subpart A to be consistent with the requirements in subpart I. Given that facilities are already required to calculate emissions of fluorinated HTFs under subpart I, reporters already have the necessary data to comply with the final rule amendments.

As proposed in the 2012 Technical Corrections Proposal, we are also amending Table A-7 to subpart A to add a subpart L data element used as an input to an emission equation (Equation L-6) that was inadvertently omitted in the final deferral rule. Table A-7 to subpart A lists the inputs to emission equations whose reporting deadlines have been deferred until March 31, 2015. Table A-7 to subpart A is amended to include the data element, “the mass of each fluorine-containing product produced by the process” (40 CFR 98.126(b)(7)); as is already the case with all other subpart L data elements assigned to the inputs to equations data category, this change defers the reporting deadline for this data element until March 31, 2015.

2. Summary of Comments and Responses

We received no comments on the proposed amendments to subpart A.

B. Subpart TT—Industrial Waste Landfills 1. Summary of Final Amendments

As proposed, we are amending subpart TT to exempt industrial waste landfills that receive only inert materials from reporting under this subpart. As discussed in the preamble to the proposed rule (77 FR 29935, May 21, 2012), this amendment ensures that landfills that are not expected to emit GHGs are excluded from reporting under this subpart. Specifically, we are adding, as proposed, a degradable organic content (DOC) value exclusion (provided in weight percent on a wet basis) as 40 CFR 98.460(c)(2)(xiii).

2. Summary of Comments and Responses

We received two comments on the proposed amendment to subpart TT. Both comments supported EPA's proposed amendments.

This section contains a brief summary of one of the comments received on the proposed changes to subpart TT and our response. Additional comments and responses thereto can be found in the document, “Response to Comments: 2012 Technical Corrections, Clarifying and Other Amendments of the Mandatory Reporting of Greenhouse Gases Rule, and Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category” (see EPA-HQ-OAR-2011-0147).

Comment:One commenter requested clarification on the number of test results from the use of the anaerobic biodegradation test that are required to determine whether or not a facility meets the definition of the source category under this subpart.

Response:One representative sample must be taken and tested using an anaerobic biodegradation test in order to determine if a waste stream is inert and therefore the landfill is exempted from reporting under 40 CFR 98.460(c)(2)(xiii). This is consistent with the number of samples required for determining an exemption using the volatile solids concentration under 40 CFR 98.460(c)(2)(xii). The EPA agrees that a clarification is needed because Part 98 currently does not specify the number of samples necessary to determine whether the exemption applies. Therefore, we have added text to 40 CFR 98.464(b) to provide this clarification. The EPA notes that while only one representative sample must be taken from each waste stream to be tested, the anaerobic biodegradation test must be performed according to the steps described in 40 CFR 98.464(b)(i), which requires multiple waste samples to be tested. Therefore, if only one representative sample is taken from a waste stream, the sample taken must be of sufficient size to be subdivided and tested according to the requirements in 40 CFR 98.464(b)(i).

C. Subpart W—Petroleum and Natural Gas Systems 1. Summary of Final Amendments

The EPA is finalizing several technical corrections and amendments to subpart W as proposed in the 2012 Technical Corrections Proposal to correct equations and otherwise clarify provisions in the rule to ensure consistency across the calculation, monitoring, and reporting requirements in subpart W and thereby facilitate reporting. The EPA is finalizing the following technical corrections and amendments as proposed:

• Removing a factor of 1,000 from the denominator of Equation W-6 in 40 CFR 98.233(e)(5) so that the emissions are calculated in standard cubic feet rather than thousand standard cubic feet.

• Providing reporters with the option to take and use more than the prescribed number of sample measurements per unique well tubing diameter and pressure group combination per sub-basin.

• Changing the parameter “FRp” to “FR” in Equation W-7 in 40 CFR 98.233(f)(1) to avoid confusion.

• Amending the parameter “Tp” and its definition in Equation W-7 to clarify that it refers to the cumulative amount of time in hours of venting for each well as opposed to the time for the measured well(s).

• Revising the definition of parameter “SPp” in Equation W-8 in 40 CFR 98.233(f)(2) to clarify that the reporter must take a ratio of casing to tubing pressure.

• Updating Equation W-8 and also Equation W-9 in 40 CFR 98.233(f)(2) and (f)(3) by replacing the subscript “q” with “p” in parameter “SFR” to match the definition of parameter “SFRp.”

• Clarifying that the terms “Vp” and “HRp,q” in Equations W-8 and W-9 are to be monitored per unloading event.

• Clarifying that Calculation Methodology 3 applies to well venting, not “each” well venting and that parameter “W” in Equation W-9 is the total number of wells with plunger lift assist.

• Revising the term “backflow” to read “flowback” in 40 CFR 98.233(g) and (g)(1).

• Adding subscript “s” to several parameters in Equations W-10A and W-10B to clarify that these parameters are at standard conditions.

• Clarifying that the flow volume variable “FVs,p” in Equation W-10B is at standard cubic feet.

• Clarifying that the outputs of Equations W-11A and W-11B are at actual conditions by inserting the word “actual” in the definition of flow rate, “FR,” and also adding a subscript “a” to denote inputs at actual conditions.

• Adding a reference to Equation W-12 in 40 CFR 98.233(g)(1)(iii) in the parameter definition “FRs,p” to convert “FRa” to standard conditions.

• In Equations W-11A and W-11B, clarifying the definition of orifice cross sectional area, “A” to state “Cross sectional open area of the restriction orifice (m2).” (Adding the terms “open” and “the restriction.”)

• Providing reporters with the option to take and use more than the prescribed number of sample measurements per sub-basin and well type (horizontal or vertical).

• Amending Equation W-13 to clarify that the output is a sum of emissions from all completions and workovers without hydraulic fracturing within a sub-basin.

• Revising parameter “Es,n” in the parameter description to match the letter case of the term in Equation W-14B, revising the term “Ta” to “Ta,p” in Equation W-14B, and clarifying that the temperature is for each blowdown “p.”

• Revising 40 CFR 98.233(j)(5) to clarify that the term “throughput” refers to “average daily throughput of oil.”

• Revising the definition of “Count” in Equation W-15 of 40 CFR 98.233(j)(5) to clarify that the reporters are to count only the separators or wells that feed oil directly to the storage tank.

• Revising the parameter definition of “1000” to accurately describe the conversion occurring through this parameter.

• Revising the definition of “PR” in Equation W-17B of 40 CFR 98.233(l)(3) to clarify that the production rate is in actual and not standard conditions.

• Removing and reserving 40 CFR 98.233(n)(7) to harmonize the language with the reporting requirements in 40 CFR 98.236.

• Providing the proper notation for the summations in Equations W-23, W-24, W-27, and W-28 so that owners and operators may correctly calculate GHG emissions from centrifugal and reciprocating compressors.

• Amending 40 CFR 98.233(o)(7) to remove the word “thousand” in parameter “EFi” in Equation W-25.

• Revising the definition of parameter EFi in Equation W-25 in 40 CFR 98.233(o)(7) by deleting the term “thousand.”

• Amending an incorrect reference in 40 CFR 98.233(r)(2) to “Table W-1A” instead of “Table 1-A.”

• Revising the phrase “meter or regulator” in 40 CFR 98.233(r)(6)(ii) and replacing it with “meter/regulator.”

• Revising 40 CFR 98.233(t) to clarify that reporters do not need to alter their calculation results to standard conditions if the results already reflect standard conditions.

• Revising the definition of parameter “ρi” in Equation W-36 to amend the density value of CH4to be 0.0192 kg/ft3. Replacing the parameter “ECO2” with “Ea,CO2” in the parameter definition for Equation W-39A in 40 CFR 98.233(z)(2)(iii) to match the parameters in the equation.

• Revising the definition of “HHV” in Equation W-40 in 40 CFR 98.233(z)(2)(vi) to reflect the “higher” heating value represented by the acronym.

• Amending 40 CFR 98.236(c)(5)(ii)(D) to clarify that the average internal casing diameter of all wells, as opposed to each well, must be reported.

• Amending 40 CFR 98.236(c)(9) to remove reference to the optical gas imaging instrument.

• Amending 40 CFR 98.236(c)(13)(iii)(C) to replace the units of “cubic feet per hour” with “metric tons of CO2e for each gas” to align the units of this data reporting element to those of the general provisions of Part 98, 40 CFR 98.3(c)(4)(i), which require reporting of annual emissions in units of mass in metric tons of CO2e.

• Updating the incorrect reference to “Equation W-30” in 40 CFR 98.236(c)(15)(i)(B) to read “Equation W-30A,” updating the incorrect reference to “Equation W-30” in 40 CFR 98.236(c)(15)(i)(C) to read “Equation W-30A,” and deleting the unnecessary reference to “parameter GHGi” in 40 CFR 98.236(c)(15)(i)(C).

• Removing the text references to “(a)(4)” and “W-3” in 40 CFR 98.236(c)(15)(ii)(A) by deleting the unnecessary references to “(a)(8).”

• Deleting “and CH4” from the reporting requirements for EOR injection pumps in 40 CFR 98.236(c)(17)(v) to make the data reporting requirements consistent with the calculation procedures in Equation W-37.

• Revising the incorrect title of Table W-1A of subpart W by deleting “Table A-1A” and correcting it to “Table W-1A.”

• Correcting the emission factors in Table W-1A of subpart W as proposed.

• Amending Table W-5 of subpart W to provide the cross-reference for footnote 2, by adding a reference associated with footnote 2 to Vapor Recovery Compressor.

In addition to finalizing the amendments proposed in the 2012 Technical Corrections Proposal, the EPA is finalizing several additional corrections to address areas where further clarifications to the subpart W were considered appropriate based on comments received on the 2012 Technical Corrections Proposal:

• Removing the factors 365 days and “T” from Equation W-6 of subpart W and adding a new factor “N” for the number of dehydrator openings in the calendar year.

• Correcting the definition of parameter “SPp” in Equations W-8 to state that casing pressure is to be measured for wells with no packer, as opposed to taking the shut-in pressure or surface pressure measurement for wells with no packers.

• Correcting the definition of the term “PRs,p” in Equation W-10A to remove the phrase “under actual conditions, converted to standard conditions.”

• Correcting the definition of the terms “SGs,p” and “EnFs,p” in Equation W-10A to include omitted subscripts in the parameter references.

• Correcting the definition of the term “W” in Equation W-12 by replacing the word “formation” with “combination.”

• Amending 40 CFR 98.233(o)(5), (o)(6), (o)(7), (p)(7), and (p)(7)(i) to clarify that the annual emissions must be estimated for each compressor for each mode-source combination measured in the reporting year.

• Correcting the definitions of the terms “Es,n” and “Ea,n” in Equation W-33 by deleting the parentheses around the terms “FRs,p” and “FRa,p”, respectively.

• Amending 40 CFR 98.236(c)(6), (c)(13)(i)(G), (c)(13)(ii)(C), (c)(13)(iii)(C),(c)(13)(iv), (c)(13)(v)(B), (c)(14)(i)(C), (c)(14)(ii)(C), (c)(14)(iii)(C), (c)(14)(iv), and (c)(14)(v)(B) to clarify emission reporting requirements for compressors.

Since the amendments to subpart W finalized in this action do not change the type of information that must be collected, the methods used to collect the data, or materially affect how the emissions are calculated, we are requiring reporters to implement the amendments finalized in this action for the September 28, 2012 reporting deadline.

2. Summary of Comments and Responses

This section contains a brief summary of comments on the proposed changes to subpart W and responses. Additional comments and responses thereto can be found in the document, “Response to Comments: 2012 Technical Corrections, Clarifying and Other Amendments of the Mandatory Reporting of Greenhouse Gases Rule, and Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category” (see EPA-HQ-OAR-2011-0147).

The EPA received several comments on the 2012 Technical Corrections Proposal that the EPA has determined to be out of the scope of this rulemaking. These comments were diverse in nature, and covered several provisions within subpart W. Some of the comments were more technical in nature, for example, one comment included a revised definition of parameter “Tp” of Equation W-7 to allow for reporters to use alternative methods such as engineering estimates based on best available data to determine the cumulative amount of time in hours of venting for specific wells. Other comments included more substantive revisions and clarifications to the final provisions, for example several comments were submitted on the monitoring provisions for both centrifugal and reciprocating compressors and included revisions to equation parameters and definitions and address concerns previously raised by reporters. Also, by way of a third example, some of the comments submitted were requests for clarification on the final provisions, for example, one comment included a request for clarification on the requirement in 40 CFR 98.236 for reporting of “annual throughput as determined by engineering estimate based on best available data.” The EPA has reviewed these comments, and although these comments are out of the scope of the 2012 Technical Corrections proposal, the EPA is considering ways to address these comments including possible future rulemakings or development of materials to post on EPA's subpart W Web site.

Comment:One commenter recommended that Equation W-6 be amended to account for situations where desiccant dehydrator molecular sieves are used. The commenter further stated that this change was necessary because natural gas processors commonly use desiccant dehydrator molecular sieves which typically only require the dehydrator to be opened to the atmosphere once every 3 or 4 years when the molecular sieves are replaced. The commenter noted that the proposed Equation W-6 accounts for the number of dehydrator vessel openings by dividing 365 days per year by the number of days “T” between refilling. The commenter recommended revising Equation W-6 by removing both the 365 day factor in the numerator and the variable “T” in the denominator and adding a new term “N” (number of dehydrator change-outs per year) to the numerator.

Response:The EPA has reviewed the commenter's suggested change to Equation W-6 to account for situations where desiccant dehydrator molecular sieves are used in desiccant dehydrators such that the equation will accurately adjust for the number of times the dehydrator vessel is opened to the atmosphere when it may occur less frequently than once per year. While the revision that EPA proposed in the 2012 Technical Corrections Proposal included a proposed amendment to Equation W-6 separate from what the commenter suggested, we agree that Equation W-6 can be amended as noted by the commenter to adjust for dehydrator vessels that are opened once over a multiple year time period. In these cases where vessels are opened less frequently than once per year, using Equation W-6 as written in the final subpart W rule would result in an inaccurate estimate of emissions. Therefore, we have amended Equation W-6 of subpart W as recommended by the commenter. EPA believes that finalizing this technical correction does not change the type of information collected by reporters who would use this equation, and that it is feasible to implement this correction for the 2011 reporting year.

Comment:Two commenters expressed support for EPA's proposed technical corrections to Equations W-23, W-24, W-27, and W-28. However, two commenters further noted that even though the 2012 Technical Corrections Proposal correctly proposed removing the summation terms in Equations W-23, W-24, W-27 and W-28, the equations for calculating emissions from centrifugal compressors (Equations W-23 and W-24) and reciprocating compressors (Equations W-27 and W-28) were still incomplete because either the parameters or the definitions of those parameters did not fully align with the proposed technical amendments. Commenters recommended either revising the parameter definition for “Es,i” or including a definition for the operator “m” in the equation definitions for Equation W-23 and W-27. Commenters also recommended including a definition for the parameter “MTm,p” in Equation W-24 and W-28.

Response:In the 2012 Technical Corrections Proposal, the EPA proposed to make corrections, though few, to Equations W-23, W-24, W-27 and W-28 so that owners and operators would correctly calculate GHG emissions using those equations. In this action, the EPA is finalizing the amendments to both the centrifugal compressor and reciprocating compressor emission sources as proposed in the 2012 Technical Corrections Proposal. In response to those comments, the EPA is finalizing a limited set of additional corrections for both the centrifugal and reciprocating compressor emission sources. Specifically, in Equations W-23 and W-27, the EPA has finalized a correction to the definition for parameter “Es,i” such that the proposed amendments in the 2012 Technical Corrections Rule would correctly align with the proposed amendment to remove the erroneous summation sign from these equations. EPA has reviewed the comments submitted, and in this action is revising the definition for parameter “Es,i” in Equations W-23 and W-27, by adding the subscript “m” so the parameter now reads “Es,i,m”. EPA has also revised the parameter definition to clarify that the annual volumetric GHG emissions are to be calculated for each centrifugal compressor (for Equation W-23) and for each reciprocating compressor (Equation W-27) for each of the mode-source combination in cubic feet. Similarly, for Equations W-24 and W-28 the EPA has revised the definition for parameters “MTm,p” and “m” in response to comments received on the 2012 Technical Corrections proposed rule. The definition for parameter “MTm,p” has been clarified to state that this parameter refers to the flow measurement from all compressor sources in each mode-source combination in standard cubic feet per hour, and the definition for parameter“m” has been clarified to state that this parameter refers to each compressor mode-source combination.

Comment:One commenter agreed with the proposed change to 40 CFR 98.236(c)(13)(iii)(C) to correct the units for the centrifugal compressor emission source to be reported in units of mass as opposed to units of cubic feet per hour. This same commenter further noted that EPA should also apply a correction to the data reporting requirements for other provisions in 40 CFR 98.236(c)(13) and (c)(14) such that data from these two emissions sources, centrifugal compressors and reciprocating compressors would be reported consistently on a mass unit basis. The commenter also noted that the references to the equations in 40 CFR 98.233 that are cited in the data reporting requirements for 40 CFR 98.236(c)(13) and (14) should be removed.

Response:In the 2012 Technical Corrections Proposal, the EPA proposed a correction to the reporting units for centrifugal compressors such that the data would be reported in mass units for carbon dioxide equivalent instead of units of cubic feet per minute. EPA agrees with the commenters and has corrected the units for the applicable provisions in 40 CFR 98.236(c)(13) and (14) such that the data will be reported consistently on a mass basis. The EPA recognizes that corrections to the units to the data reporting requirements in 40 CFR 98.236(c)(13) and (14) were not proposed in the 2012 Technical Corrections Proposal; however, the EPA believes that applying the correction proposed in the 2012 Technical Corrections Proposal throughout the data reporting requirements for these emission sources would be logical, and would also assist reporters in submitting the data. Subpart W reporters are required to submit their data to the EPA by September 28, 2012 for data collected in 2011. Because these reports are being submitted for the first time, the EPA considers this amendment necessary to ensure that the units for these data reporting requirements are consistent. Further, the EPA believes that this change is a technical correction that is logical in nature to apply to similar provisions for these two emission sources. Further, EPA believes that this change would result in less burden on reporters. Lastly, in line with the commenters suggestion to remove the 40 CFR 98.233 equation references found within specific data elements in 40 CFR 98.236(c)(13) and (14), EPA has agreed with the commenter and in this action has removed the 40 CFR 98.233 equation references from the following data reporting elements, 40 CFR 98.236(c)(13)(i)(G), 98.236(c)(13)(ii)(C), 98.236(c)(13)(iii)(C), 98.236(c)(14)(i)(C), 98.236(c)(14)(ii)(C), 98.236(c)(14)(iii)(C), and 98.236(c)(14)(iv).

Comment:One commenter questioned the proposed amendments to the population emission factors in Table W-1A of subpart W. This commenter specifically questioned why the EPA increased the emission factors for valves, flanges, connectors, open-ended lines, and “other” components as listed in Table W-1A to Subpart W. The commenter further noted that the values previously included in Table W-1A were close to the commenter's estimates when rounded up. Finally, the commenter recommended EPA not revise the Table W-1A emission factors for valves, flanges, connectors, open-ended lines, and “other” components.

Response:The EPA disagrees with the commenter that the Table W-1A population emission factors should not be revised. In the December 2011 technical corrections final rule (76 FR 80592), the emission factors were converted from a standard temperature of 68 °F to a standard temperature of 60 °F. In the December 2011 Final Rule, the EPA inadvertently used an incorrect intermediary version of Table W-1A to convert the emission factors, including the emission factors for the components noted by the commenter. The emission factors proposed in the 2012 Technical Corrections for Table W-1A show the emission factors correctly adjusted to a standard temperature of 60 °F. In this action, EPA is finalizing the emission factors in Table W-1A as proposed in the 2012 Technical Corrections Proposal.

Comment:One commenter stated that Equation W-14A contains an error in the purge factor that causes the equation to yield erroneous results. The commenter further stated that because the volume being purged is converted from actual cubic feet to standard cubic feet, inconsistent units were being subtracted, (i.e. standard cubic feet purged and actual cubic feet “purge factor”) in Equation W-14A. The commenter also stated that the inconsistency would result in a negative number if the volume of the purged item in standard cubic feet was less than that of actual cubic feet, (i.e. actual conditions are hotter or a lower pressure than standard conditions). Finally, the commenter stated that if the item is not being purged, the commenter believes the calculation should not be used, as there would be no GHG emissions from the blowdown stack.

Response:The EPA agrees with the commenter that the natural gas remaining in the unique physical volume after the blowdown is complete without purging is at actual conditions. However, after a blowdown, “actual conditions” are essentially equivalent to atmospheric conditions, or standard conditions (as a simplifying assumption explained further below).

Equation W-14A calculates the volume of natural gas emitted from blowdowns. When equipment is depressurized, the gas contained in the unique volume expands as it goes from actual conditions (process pressure and temperature) to standard conditions (i.e., atmospheric pressure and temperature). Equation W-14A accounts for this physical change. After expansion (i.e., venting), some gas will remain in the equipment or unique physical volume if the equipment is not purged. This unvented gas should be subtracted from the volume of expanded gas. If the remaining gas in the equipment is purged, then the purge factor in Equation W-14A equals zero and nothing will be subtracted from the emissions calculated earlier in the equation as all of the expanded gas volume has been emitted to the atmosphere. If the remaining gas is not purged, then the purge factor equals one and the unique physical volume will be subtracted as it was not vented and released to the atmosphere. There are several simplifying assumptions in the equation to facilitate its use. It is assumed that the process temperature and/or pressure are significantly different than standard conditions. It is also assumed that the equipment is fully vented to the atmosphere, resulting in the final condition of the gas being at atmospheric temperature and pressure. It is also assumed that the atmospheric temperature and pressure are not significantly different than standard conditions. These simplifying assumptions are true in a majority, if not all cases.

D. Subpart L—Fluorinated Gas Production 1. Summary of Final Amendments and Confidentiality Determinations

Final amendments.As explained in Section I.D of this preamble, the EPA is deferring detailed reporting of GHG emissions from fluorinated gas production facilities until 2014 in today's final rule. In the meantime, the EPA is requiring that GHG emissions be reported in a more aggregated manner than previously required for the initial two years of reporting under subpart L. These changes pertain only to subpart L, and are temporary (i.e., for reporting in 2012 and 2013) to allow the EPAsufficient time to fully evaluate concerns raised by stakeholders that reporting, and subsequent EPA release, of certain emissions would reveal trade secrets.

For reporting in 2012 and 2013, we are requiring owners and operators of facilities producing fluorinated gases to report annual total facility-wide fluorinated GHG emissions from 2011 and 2012 respectively in tons of CO2e.8 The facilities are not required to report process level emissions or individual fluorinated GHGs in 2012 and 2013. These amendments do not change any other requirements of Part 98 or affect the deferral of the reporting deadline for subpart L data elements used as inputs to emission equations until March 31, 2015 (76 FR 53057, August 25, 2011). These amendments do not change the requirement that these subpart L data elements in today's final rule be retained as records in a form that is suitable for expeditious inspection and review (required for all Part 98 records by 40 CFR 98.3(g)).

8This includes emissions from all fluorinated gas production processes, all fluorinated gas transformation processes that are not part of a fluorinated gas production process, all fluorinated gas destruction processes that are not part of a fluorinated gas production process or a fluorinated gas transformation process, and venting of residual fluorinated GHGs from containers returned from the field.

As proposed, this final rule provides that owners and operators of facilities producing fluorinated gases are not required to submit the data elements listed below until March 31, 2014:

• 40 CFR 98.3(c)(4)(iii)

• 40 CFR 98.126 (a)(2), (a)(3), (a)(4), (a)(6), (b), (c), (d), (e), (f), (g), and (h).

Fluorinated gas producers subject to subpart L are required to report only the data elements in 40 CFR 98.126(a)(5) (the methods used) and in paragraph 40 CFR 98.126(j) (facility-level CO2e emissions) for reporting of 2011 and 2012 emissions in 2012 and 2013. Consistent with 40 CFR 98.126(e), a facility must include any excess emissions, converted to CO2e, that result from malfunctions of the destruction device when reporting total facility CO2e under 40 CFR 98.126(j). However, as noted in 40 CFR 98.126(j), these excess emissions do not need to be reported separately, but must be included in the facility-wide CO2e reported. In this action, we have also amended 98.126(a)(5) as proposed to require facilities to report the methods used to determine emissions at a facility level rather than linking each method to a particular process.

The EPA requires that facilities use Equation A-1 of subpart A to calculate CO2e from the mass of fluorinated GHG emissions. For fluorinated GHGs that do not have a global warming potential (GWP) listed in Table A-1, facilities are required to use either a default GWP or their best estimate of the GWP, based on the information described in 40 CFR 98.123(c)(1)(vi)(A)(3).9 As discussed further in Section II.D.2 of this preamble, we have clarified that use of quantitative structure activity relationships (QSARs), which are based on the chemical structure of the compound, is an acceptable method for estimating the GWP in situations where neither pure standards of the compound nor fourier transform infrared spectroscopy (FTIR) spectra for the chemicals mixed with the compound (i.e., impurities) are available.

9This is part of the provision of subpart L that allows facilities to request to use provisional GWPs to calculate whether they must use stack testing to establish an emission factor for a vent. Note that EPA is not requiring approval of best-estimate GWPs in this action.

As proposed, the default GWP used depends on the type of fluorinated GHG. For fully fluorinated GHGs, the default GWP is 10,000, which is based on the average GWP of the fully fluorinated GHGs in Table A-1 of subpart A. For the purposes of subpart L, the EPA is finalizing as proposed the addition of the definition of “fully fluorinated GHGs” to 40 CFR 98.128: “Fluorinated GHGs that contain only single bonds and in which all available valence locations are filled by fluorine atoms. This includes, but is not limited to saturated perfluorocarbons, SF6, NF3, SF5CF3, fully fluorinated linear, branched and cyclic alkanes, fully fluorinated ethers, fully fluorinated tertiary amines, fully fluorinated aminoethers, and perfluoropolyethers.” As proposed, for other fluorinated GHGs, the default GWP is 2,000, which is based on the average GWP of the other fluorinated GHGs on Table A-1 of subpart A.

As proposed, we are adding four new data elements to the subpart L reporting requirements. Facilities that use one or more default or best-estimate GWPs are required to report the amounts of CO2e emissions that were calculated using each of the two default values as well as using best-estimate GWPs. This enables the EPA to understand the potential impact of the default or best-estimate GWPs on the uncertainty of the overall estimated emissions of the facility. (Default and best-estimate GWPs are likely to have higher uncertainties than GWPs from Table A-1.) Also as proposed, facilities using default or best-estimate GWPs for fluorinated GHGs without GWPs in Table A-1 of subpart A are required to keep records of the GWP they used for each GHG. As proposed, facilities using best-estimate GWPs are also required to keep records of the data and analysis that were used to develop the GWPs, in a form that is suitable for expeditious inspection and review (required for all Part 98 records by 40 CFR 98.3(g)). As discussed further in Section II.D.2 of this preamble, we are updating the proposed recordkeeping requirement to specify that where QSARs are used to estimate GWPs, facilities must retain information related to the reliability of GWPs based on the QSARs.

Final Confidentiality Determinations.We are finalizing the confidentiality determinations for the four new subpart L data elements (listed in Table 2 of this preamble) as proposed. In the proposal, we assigned these four data elements to the “Emissions” data category because they describe emissions exhausted to the atmosphere, and apply to these data elements the categorical confidentiality determination the EPA made in the 2011 Final CBI rule for that data category, i.e., the data elements in this data category are “emission data” under CAA section 114(c) and 40 CFR 2.301(a)(2)(i). We received no comments on our proposed category assignment and confidentiality determination described above. We are therefore finalizing the determination that these data elements are “emission data,” which are not eligible for confidential treatment under section 114(c) of the CAA.

- Table 2—Reporting Data Elements and Confidentiality Determinations Citation Data element Data category (finalized CBI determination10) 1 98.126(j)(3) You must report the total fluorinated GHG emissions of the facility, expressed in tons of CO2e Emissions (Emission Data: Made available to the public). 2 98.126(j)(3)(ii) Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using the default GWP of 2000 Emissions (Emission Data: Made available to the public). 3 98.126(j)(3)(iii) Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using the default GWP of 10,000 Emissions (Emission Data: Made available to the public). 4