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79092 Federal Register / Vol. 75, No.

242 / Friday, December 17, 2010 / Rules and Regulations

ENVIRONMENTAL PROTECTION DATES: The final rule is effective on FOR FURTHER INFORMATION CONTACT:
AGENCY December 31, 2010. The incorporation Carole Cook, Climate Change Division,
by reference of certain publications Office of Atmospheric Programs (MC
40 CFR Part 98 listed in the final rule amendments are 6207J), Environmental Protection
[EPAHQOAR20080508; FRL92347] approved by the director of the Federal Agency, 1200 Pennsylvania Ave., NW.,
Register as of December 31, 2010. Washington, DC 20460; telephone
RIN 2060AQ33 ADDRESSES: EPA has established a number: (202) 3439263; fax number:
docket under Docket ID No. EPAHQ (202) 3432342; e-mail address:
Mandatory Reporting of Greenhouse
OAR20080508 for this action. All GHGReportingRule@epa.gov. For
Gases
documents in the docket are listed in technical information and
AGENCY: Environmental Protection the http://www.regulations.gov index. implementation materials, please go to
Agency (EPA). Although listed in the index, some the Greenhouse Gas Reporting Program
ACTION: Final rule. information is not publicly available,
Web site http://www.epa.gov/climate
e.g., confidential business information
SUMMARY: EPA is amending specific change/emissions/ghgrulemaking.html.
(CBI) or other information whose
provisions in the greenhouse gas disclosure is restricted by statute. To submit a question, select Rule Help
reporting rule to clarify certain Certain other material, such as Center, followed by Contact Us.
provisions, to correct technical and copyrighted material, is not placed on SUPPLEMENTARY INFORMATION: Regulated
editorial errors, and to address certain the Internet and will be publicly Entities. The Administrator determined
questions and issues that have arisen available only in hard copy form. that this action is subject to the
since promulgation. These final changes Publicly available docket materials are provisions of Clean Air Act (CAA)
include generally providing additional available either electronically through section 307(d). See CAA section
information and clarity on existing http://www.regulations.gov or in hard 307(d)(1)(V) (the provisions of section
requirements, allowing greater copy at EPAs Docket Center, Public
307(d) apply to such other actions as
flexibility or simplified calculation Reading Room, EPA West Building,
the Administrator may determine).
methods for certain sources, amending Room 3334, 1301 Constitution Ave.,
data reporting requirements to provide NW., Washington, DC. This Docket These are final amendments to existing
additional clarity on when different Facility is open from 8:30 a.m. to 4:30 regulations. These amended regulations
types of greenhouse gas emissions need p.m., Monday through Friday, excluding affect owners or operators of certain
to be calculated and reported, clarifying legal holidays. The telephone number suppliers and direct emitters of
terms and definitions in certain for the Public Reading Room is (202) greenhouse gases (GHGs). Regulated
equations and other technical 5661744, and the telephone number for categories and entities include those
corrections and amendments. the Air Docket is (202) 5661742. listed in Table 1 of this preamble:

TABLE 1EXAMPLES OF AFFECTED ENTITIES BY CATEGORY


Category NAICS Examples of affected facilities

General Stationary Fuel Combustion ........................ Facilities operating boilers, process heaters, incinerators, turbines, and internal
Sources. 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 mu-
nicipal governments and units located in Indian Country.
Adipic Acid Production .............................. 325199 Adipic acid manufacturing facilities.
Aluminum Production ................................ 331312 Primary aluminum production facilities.
Ammonia Manufacturing ........................... 325311 Anhydrous and aqueous ammonia production facilities.
Cement Production ................................... 327310 Portland Cement manufacturing plants.
Ferroalloy Production ................................ 331112 Ferroalloys manufacturing facilities.
Glass Production ...................................... 327211 Flat glass manufacturing facilities.
327213 Glass container manufacturing facilities.
327212 Other pressed and blown glass and glassware manufacturing facilities.
HCFC22 Production and HFC23 De- 325120 Chlorodifluoromethane manufacturing facilities.
struction.
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Hydrogen Production ................................ 325120 Hydrogen production facilities.


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.
Nitric Acid Production ............................... 325311 Nitric acid production facilities.
Petrochemical Production ......................... 32511 Ethylene dichloride production facilities.

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79093

TABLE 1EXAMPLES OF AFFECTED ENTITIES BY CATEGORYContinued


Category NAICS Examples of affected facilities

325199 Acrylonitrile, ethylene oxide, methanol production facilities.


325110 Ethylene production facilities.
325182 Carbon black production facilities.
Petroleum Refineries ................................ 324110 Petroleum refineries.
Phosphoric Acid Production ..................... 325312 Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing ................. 322110 Pulp mills.
322121 Paper mills.
322130 Paperboard mills.
Silicon Carbide Production ....................... 327910 Silicon carbide abrasives manufacturing facilities.
Soda Ash Manufacturing .......................... 325181 Alkalies and chlorine manufacturing facilities.
212391 Soda ash, natural, mining and/or beneficiation.
Titanium Dioxide Production ..................... 325188 Titanium dioxide manufacturing facilities.
Zinc Production ......................................... 331419 Primary zinc refining facilities.
331492 Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased met-
als.
Municipal Solid Waste Landfills ................ 562212 Solid waste landfills.
221320 Sewage treatment facilities.
Manure Management a .............................. 112111 Beef cattle feedlots.
112120 Dairy cattle and milk production facilities.
112210 Hog and pig farms.
112310 Chicken egg production facilities.
112330 Turkey Production.
112320 Broilers and other meat type chicken production.
Suppliers of Natural Gas and NGLs ......... 221210 Natural gas distribution facilities.
211112 Natural gas liquid extraction facilities.
Suppliers of Industrial GHGs .................... 325120 Industrial gas production facilities.
Suppliers of Carbon Dioxide (CO2) .......... 325120 Industrial gas production facilities.
a EPA will not be implementing subpart JJ of 40 CFR part 98 using funds provided in its FY2010 appropriations or Continuing Appropriations
Act, 2011 (Pub. L. 111242), due to a Congressional restriction prohibiting the expenditure of funds for this purpose.

Table 1 of this preamble is not 553(d) of the APA does not apply to this to be delayed due to the complexity and
intended to be exhaustive, but rather rule. EPA is nevertheless acting length of the rule, that purpose is still
provides a guide for readers regarding consistently with the purposes met. Moreover, most of the revisions
facilities and suppliers likely to be underlying APA section 553(d) in being made in this package provide
affected by this action. Table 1 of this making this rule effective on December flexibilities to sources covered by the
preamble lists the types of facilities and 31, 2010. Section 5 U.S.C. 553(d)(3) reporting rule, or otherwise relieve a
suppliers that EPA is now aware could allows an effective date less than 30 restriction. Thus, a shorter effective date
be potentially affected by the reporting days after publication as otherwise in such circumstances is consistent with
requirements. Other types of facilities provided by the agency for good cause the purposes of APA section 553(d),
and suppliers than those listed in the found and published with the rule. As which provides an exception for any
table could also be subject to reporting explained below, EPA finds that there is action that grants or recognizes an
requirements. To determine whether good cause for this rule to become exemption or relieves a restriction.
you are affected by this action, you effective on December 31, 2010, even Accordingly, we find good cause exists
should carefully examine the though this results in an effective date to make this rule effective on December
applicability criteria found in 40 CFR fewer than 30 days from date of 31, 2010, consistent with the purposes
part 98, subpart A or the relevant publication in the Federal Register. of 5 U.S.C. 553(d)(3).
criteria in the subparts. If you have While this action is being signed prior Judicial Review. Under section
questions regarding the applicability of to December 1, 2010, there is likely to 307(b)(1) of the CAA, judicial review of
this action to a particular facility or be a significant delay in the publication this final rule is available only by filing
supplier, consult the person listed in the of this rule as it contains complex a petition for review in the U.S. Court
preceding FOR FURTHER INFORMATION equations and tables and is relatively of Appeals for the District of Columbia
CONTACT section. long in length. As an example, EPA Circuit (the Court) by February 15, 2011.
What is the effective date? The final signed a shorter technical amendments Under CAA section 307(d)(7)(B), only
rule is effective on December 31, 2010. package related to the same underlying an objection to this final rule that was
Section 553(d) of the Administrative reporting rule on October 7, 2010, and raised with reasonable specificity
Procedure Act (APA), 5 U.S.C. Chapter it was not published until October 28, during the period for public comment
5, generally provides that rules may not 2010 (75 FR 66434), three weeks later. can be raised during judicial review.
take effect earlier than 30 days after they The purpose of the 30-day waiting CAA section 307(d)(7)(B) also provides
are published in the Federal Register. period prescribed in 5 U.S.C. 553(d) is a mechanism for EPA to convene a
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EPA is issuing this final rule under to give affected parties a reasonable time proceeding for reconsideration, [i]f the
section 307(d)(1) of the Clean Air Act, to adjust their behavior and prepare person raising an objection can
which states: The provisions of section before the final rule takes effect. Where, demonstrate to EPA that it was
553 through 557 * * * of Title 5 shall as here, the final rule will be signed and impracticable to raise such objection
not, except as expressly provided in this made available on the EPA Web site within [the period for public comment]
section, apply to actions to which this more than 30 days before the effective or if the grounds for such objection
subsection applies. Thus, section date, but where the publication is likely arose after the period for public

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79094 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

comment (but within the time specified N2O nitrous oxide I. National Technology Transfer and
for judicial review) and if such objection NAICS North American Industry Advancement Act
is of central relevance to the outcome of Classification System J. Executive Order 12898: Federal Actions
NGLs natural gas liquids to Address Environmental Justice in
the rule. Any person seeking to make O2 oxygen Minority Populations and Low-Income
such a demonstration to us should OMB Office of Management and Budget Populations
submit a Petition for Reconsideration to PFC perfluorocarbon K. Congressional Review Act
the Office of the Administrator, psia pounds per square inch absolute
Environmental Protection Agency, QA quality assurance I. Background
Room 3000, Ariel Rios Building, 1200 QA/QC quality assurance/quality control
RATA relative accuracy test audit A. How is this preamble organized?
Pennsylvania Ave., NW., Washington,
RFA Regulatory Flexibility Act The first section of this preamble
DC 20460, with a copy to the person
scf standard cubic feet contains the basic background
listed in the preceding FOR FURTHER scfm standard cubic feet per minute
INFORMATION CONTACT section, and the information about the origin of these
SF6 sulfur hexafluoride
Associate General Counsel for the Air SO2 sulfur dioxide
rule amendments. This section also
and Radiation Law Office, Office of SWPB side worked prebake discusses EPAs use of our legal
General Counsel (Mail Code 2344A), U.S. United States authority under the CAA to collect data
Environmental Protection Agency, 1200 VSS vertical stud S<derberg on GHGs.
Pennsylvania Ave., NW., Washington, The second section of this preamble
Table of Contents describes in detail the rule changes that
DC 20004. Note, under CAA section
307(b)(2), the requirements established I. Background are being promulgated to, among other
A. How is this preamble organized? things, correct technical errors, provide
by this final rule may not be challenged B. Background on This Action
separately in any civil or criminal clarification, and address
C. Legal Authority implementation issues identified by
proceedings brought by EPA to enforce D. How will these amendments apply to
these requirements. 2011 reports? EPA and others. This section also
Acronyms and Abbreviations. The II. Final Amendments and Responses to presents a summary and EPAs response
following acronyms and abbreviations Public Comments to the major public comments submitted
are used in this document. A. Subpart AGeneral Provisions: Best on the proposed rule amendments, and
Available Monitoring Methods significant changes, if any, made since
API American Petroleum Institute B. Subpart AGeneral Provisions:
ARP Acid Rain Program
proposal in response to those
Calibration Requirements comments.
ASME American Society of Mechanical C. Subpart AGeneral Provisions:
Engineers Reporting of Biogenic Emissions
Finally, the last (third) section
ASTM American Society for Testing and D. Subpart AGeneral Provisions: discusses the various statutory and
Materials Requirements for Correction and executive order requirements applicable
BAMM best available monitoring method Resubmission of Annual Reports to this rulemaking.
CAA Clean Air Act E. Subpart AGeneral Provisions:
cc cubic centimeters Information to Record for Missing Data B. Background on This Action
CE calibration error Events The final Mandatory Reporting of
CEMS continuous emission monitoring F. Subpart AGeneral Provisions: Other Greenhouse Gases Rule was signed by
system Technical Corrections and Amendments
CFR Code of Federal Regulations EPA Administrator Lisa Jackson on
G. Subpart CGeneral Stationary Fuel
CGA Cylinder gas audit Combustion September 22, 2009 and published in
CH4 methane H. Subpart DElectricity Generation the Federal Register on October 30,
CO carbon monoxide I. Subpart FAluminum Production 2009 (74 FR 5626056519). This rule,
CO2 carbon dioxide J. Subpart GAmmonia Manufacturing which added Part 98 to chapter 40 of the
CO2e CO2-equivalent K. Subpart PHydrogen Production Code of Federal Regulations (CFR) as
CWPB center worked prebake L. Subpart VNitric Acid Production well as amending other parts of 40 CFR,
FR Federal Register M. Subpart XPetrochemical Production became effective on December 29, 2009,
FTIR Fourier transform infrared N. Subpart YPetroleum Refineries
GC gas chromatography O. Subpart AAPulp and Paper
and included reporting of GHG
GHG greenhouse gas Manufacturing information from facilities and
GHGRP Greenhouse Gas Reporting Program P. Subpart NNSuppliers of Natural Gas suppliers, consistent with the 2008
GPA Gas Processors Association and Natural Gas Liquids Consolidated Appropriations Act.1
GWP global warming potential Q. Subpart OOSuppliers of Industrial These source categories capture
HFCs hydrofluorocarbons Greenhouse Gases approximately 85 percent of U.S. GHG
HHV high heat value R. Subpart PPSuppliers of Carbon emissions through reporting by direct
HSS horizontal stud S<derberg Dioxide
emitters as well as certain suppliers
IPCC Intergovernmental Panel on Climate III. Statutory and Executive Order Reviews
Change A. Executive Order 12866: Regulatory (e.g., fossil fuel, petroleum products,
IR infrared Planning and Review industrial gases and CO2) and
LDCs local natural gas distribution B. Paperwork Reduction Act manufacturers of mobile sources.
companies C. Regulatory Flexibility Act (RFA) EPA published a notice proposing
mmBtu/hr million British thermal units per D. Unfunded Mandates Reform Act these amendments to Part 98 to, among
hour (UMRA) other things, correct certain technical
mscf thousand standard cubic feet E. Executive Order 13132: Federalism and editorial errors that have been
MSW municipal solid waste F. Executive Order 13175: Consultation
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identified since promulgation and


mtCO2e metric tons of CO2 equivalents and Coordination with Indian Tribal
MVC molar volume conversion factor Governments
clarify or propose amendments to
NESHAP National Emission Standards for G. Executive Order 13045: Protection of certain provisions that have been the
Hazardous Air Pollutants Children from Environmental Health subject of questions from reporting
NIST National Institute of Standards and Risks and Safety Risks entities. The proposal was published on
Technology H. Executive Order 13211: Actions that
NMR nuclear magnetic resonance Significantly Affect Energy Supply, 1 Consolidated Appropriations Act, 2008, Pub. L.

NSPS New Source Performance Standards Distribution, or Use 110161, 121 Stat. 1844, 2128.

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August 11, 2010 (75 FR 48744). The preamble to the proposed rule in 2010. We requested that commenters
public comment period for the proposed amendments.3 In response to general provide specific reasons why they
rule amendments ended on September comments submitted on the proposed believe that the proposed
27, 2010. EPA did not receive any rulemaking, we have again reviewed the implementation schedule would or
requests to hold a public hearing. final amendments and determined that, would not be feasible. We received
This is the second time that EPA has with one limited exception, they can be some comments about making optional
published a notice promulgating implemented, as finalized, for the 2010 the use of the amendments in 2010, as
amendments to Part 98 to, among other reporting year. well as comments proposing to extend
things, correct certain technical and The one new requirement, regarding submission of the first reports until June
editorial errors identified since Part 98 reporting of biogenic CO2 emissions 1, 2011. We received a few industry-
was originally promulgated and to from units subject to 40 CFR Part 75, is specific examples providing a rationale
clarify and amend certain provisions being phased in, so that it remains for extending the deadline for reporting,
that have been the subject of questions optional for reporting year 2010, but or making use of the amendments
from reporting entities. The first final becomes mandatory for each subsequent optional for the 2010 reporting year. For
rule amendments were published on year. Therefore this revision, as example, some commenters expressed
October 28, 2010 (75 FR 66434). This finalized, already accommodates concern that the proposed clarification
final rule complements the final rule implementation for the 2010 reporting of the definition of natural gas, as well
published on October 28, 2010 and is year. as the introduction of fuel gas into Table
not intended to duplicate or replace In summary, except for the exception C1, could affect applicability under the
those amendments. discussed above regarding biogenic CO2 rule and the use of the tiers under
emissions, these amendments do not subpart C. We have addressed the
C. Legal Authority require any additional monitoring or underlying concerns expressed by these
EPA is promulgating these rule data collection above what was already commenters, as EPA did not intend to
amendments under its existing CAA included in Part 98. Therefore, we have change applicability or force facilities to
authority, specifically authorities determined that reporters can use the use higher tiered calculation
provided in CAA section 114. same information that they have been
As stated in the preamble to the 2009 methodologies. Therefore, because we
collecting under Part 98 for each subpart addressed the underlying concerns, we
final rule (74 FR 56260, October 30, to calculate and report GHG emissions
2009), CAA section 114 provides EPA are finalizing requirements to
for 2010 and submit reports in 2011 incorporate the amendments into 2010
broad authority to require the under the amended subparts.
information mandated by Part 98 reporting year data.
Following is a brief summary of major
because such data would inform and are comments and responses. Several II. Final Amendments and Responses to
relevant to EPAs obligation to carry out comments were received on this topic. Public Comments
a wide variety of CAA provisions. As Responses to additional significant We are amending various subparts in
discussed in the preamble to the initial comments received can be found in the Part 98 to correct errors in the regulatory
proposal (74 FR 16448, April 10, 2009), document, Response to Comments: language that were identified as a result
CAA section 114(a)(1) authorizes the Revision to Certain Provisions of the of working with reporters to implement
Administrator to require emissions Mandatory Reporting of Greenhouse the various subparts of Part 98. We are
sources, persons subject to the CAA, Gases Rule (see EPAHQOAR2008 also amending certain rule provisions to
manufacturers of process or control 0508). provide greater clarity. The amendments
equipment, and persons whom the Comment: Several commenters
to Part 98 include the following types of
Administrator believes may have requested that we make use of the
changes:
necessary information to monitor and amendments optional for the 2010 Additional information to
report emissions and provide such other reporting year and mandatory beginning understand better or more fully
information the Administrator requests with the 2011 reporting year. The compliance obligations in a specific
for the purposes of carrying out any commenters expressed concern that in provision, such as the reference to a
provision of the CAA. For further 2010, sources may not have been standardized method that must be
information about EPAs legal authority, collecting the required data to followed.
see the preambles to the proposed and implement certain amendments. Amendments to certain equations to
final rule, and Response to Comments Response: We sought comment on the better reflect actual operating
Documents.2 feasibility of incorporating the proposed conditions.
D. How will these amendments apply to revisions for the 2010 reporting year. In Corrections to terms and definitions
2011 reports? the proposal, we explained that we felt in certain equations.
implementation for the 2010 reporting Corrections to data reporting
We have determined that it is feasible year would be feasible because the requirements so that they more closely
for sources to implement these changes proposed revisions, to a great extent, conform to the information used to
for the 2010 reporting year because the would simply clarify existing regulatory perform emission calculations.
revisions primarily provide additional requirements or add flexibility to the Amendments, in limited cases, to
clarifications regarding the existing rule. Further, the proposed amendments allow for the use of simplified emissions
regulatory requirements, generally do would not substantially affect the type calculation methods.
not affect the type of information that of information that must be collected or Changes to correct cross references
must be collected and do not how emissions are calculated. We within and between subparts.
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substantially affect how emissions are sought comment on this conclusion and Other amendments related to
calculated. Our rationale for this whether this timeline is feasible or certain issues identified as a result of
determination is explained in the appropriate, considering the nature of working with reporters during rule
2 74 FR 16448 (April 10, 2009) and 74 FR 56260
the proposed changes and the way in implementation and outreach.
(October 30, 2009). Response to Comments
which data have been collected thus far Applying a threshold for reporting
Documents can be found at http://www.epa.gov/ for local distribution companies of equal
climatechange/emissions/responses.html 3 75 FR 48747 (August 11, 2010). to or greater than 460,000 thousand

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79096 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

standard cubic feet (mscf) of natural gas to use BAMM beyond 2010 are required establish a date by which all
delivered per year. to electronically notify EPA by January measurement devices must be installed,
Requiring separate reporting of 1, 2011 that they intend to apply for and indicate the approved alternate
biogenic CO2 emissions for units that BAMM for installation of measurement method for calculating GHG emissions
are also subject to 40 CFR part 75, devices and certify that such installation in the interim.
beginning with the 2011 reporting year. will require a hot tap or unscheduled If EPA approves an extension request,
The final amendments promulgated shutdown.
Owners or operators must submit the the owner/operator has until the date
by this action reflect EPAs
full extension request for BAMM by approved by EPA to install the relevant
consideration of the comments received
on the proposal. The major public February 15, 2011. The full extension remaining meters or other measurement
comments and EPAs responses for each request must include a description of devices, however initial approvals will
subpart are provided in this preamble. the measurement devices that could not not grant extensions beyond December
Our responses to additional significant be installed in 2010 without a process 31, 2013. An owner/operator that
public comments on the proposal are equipment or unit shutdown, or through already received approval from EPA to
presented in a comment response a hot tap, a clear explanation of why use BAMM during part or all of 2010 is
document available in Docket ID No. that activity could not be accomplished required to submit a new request for use
EPAHQOAR20080508. in 2010 with supporting material, an of BAMM beyond 2010. Unless EPA has
estimated date for the next planned approved an extension request, all
A. Subpart AGeneral Provisions: Best maintenance outage, and a discussion of owners or operators that submit a timely
Available Monitoring Methods how emissions will be calculated in the request under this new process for
1. Summary of Final Amendments and interim. More specifically, the full BAMM will be required to install all
Major Changes Since Proposal extension request must identify the measurement devices by July 1, 2011.
specific monitoring instrumentation for We recognize that occasionally a
EPA is finalizing the petition process which the request is being made,
established in 40 CFR 98.3(j) that allows facility may plan a scheduled process
indicate the locations where each piece equipment or unit shutdown and the
use of Best Available Monitoring of monitoring instrumentation will be
Methods (BAMM) past December 31, installation of required monitoring
installed, and note the specific rule equipment, but the date of the
2010 for owners and operators required requirements (by rule subpart, section,
to report under subpart P (Hydrogen scheduled shutdown is changed. We are
and paragraph numbers) for which the
Production), subpart X (Petrochemical adding a process by which owners or
instrumentation is needed. The
Production), or subpart Y (Petroleum operators who receive an extension will
extension requests must also include
Refineries), under limited supporting documentation have the opportunity to extend the use
circumstances. Owners or operators demonstrating that it is not practicable of BAMM beyond the date approved by
subject to these subparts can petition to isolate the equipment and install the EPA if they can demonstrate to the
EPA to extend use of BAMM past monitoring instrument without a full Administrators satisfaction that they
December 31, 2010, if compliance with process equipment or unit shutdown, or are making a good faith effort to install
a specific provision in the regulation through a hot tap, as well as providing the required equipment. At a minimum,
requires measurement device the dates of the three most recent facilities that determine that the date of
installation, and installation would process equipment or unit shutdowns, a scheduled shutdown will be
necessitate an unscheduled process the typical frequency of shutdowns for postponed are required to notify EPA
equipment or unit shutdown, or could the respective equipment or unit, and within 4 weeks of such a determination,
be installed only through a hot tap. If the date of the next planned shutdown. but no later than 4 weeks before the date
the application is approved, the owner Once subpart P, X, and/or Y owners for which the planned shutdown was
or operator can postpone installation of or operators have notified EPA of their scheduled.
the measurement device until the next plan to apply for BAMM for One-time request to extend best
scheduled maintenance outage, but measurement device installation, by available monitoring methods past
initially no later than December 31, January 1, 2011, and subsequently December 31, 2013. If subpart P, X, and/
2013. If, in 2013, owners or operators submitted a full extension request, by or Y owners or operators determine that
still determine and certify that a February 15, 2011, they can
scheduled shutdown will not occur by a scheduled shutdown will not occur by
automatically use BAMM consistent
December 31, 2013, they may re-apply December 31, 2013 and thus they want
with their request through June 30,
to use best available monitoring to continue to use BAMM, they are
2011. This automatic extension is
methods for an additional two years. required to re-apply to use BAMM for
necessary because the current BAMM
Process for requesting an extension of requests submitted by these facilities one additional time period, not to
best available monitoring methods. We will end no later than December 31, extend beyond December 31, 2015. To
are adding a similar petition process to 2010. The BAMM must be extended obtain an extension for the use of
that recently concluded for the use of automatically to provide EPA the time BAMM past December 13, 2013, owners
BAMM for 2010 in 40 CFR 98.3(j). The to review thoroughly the BAMM or operators are required to submit a
process is for quantifying emissions requests submitted for post-2010, while new extension request by June 1, 2013
from any source category at facilities ensuring that the petitioning facilities that contains the information required
subject to subparts P, X and/or Y, and are not out of compliance with the rule in 40 CFR 98.3(j)(4). All owners or
solely for the installation of during that review process. All operators that submit a request under
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measurement devices that cannot be measurement devices must be installed this paragraph to extend the use of best
installed safely except during full by July 1, 2011 unless EPA approves the available monitoring methods for
process equipment or unit shutdown or BAMM extension request before that measurement device installation are
through installation via a hot tap. date. required to install all measurement
BAMM is allowable initially no later Approval of extension requests. In any devices by December 31, 2013, unless
than December 31, 2013. Subpart P, X, approval of an extension request, EPA the additional extension request under
and/or Y owners or operators requesting will approve the extension itself, this paragraph is approved by EPA.

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2. Summary of Comments and industries without causing the Comment: In a related comment, one
Responses unnecessary burden or potential safety commenter raised concerns about Tier 3
This section contains a brief summary concerns that would be associated with monitoring requirements for a stream at
of major comments and responses. installation of monitoring devices its facility that is dangerous to monitor
Several comments were received on this during unplanned shutdowns or hot due to the presence of hydrogen
topic. Responses to additional taps. EPA notes that the BAMM process cyanide. They indicated that they used
significant comments received can be will still require facilities to follow the BAMM to implement an approach other
found in the document, Response to calculation methods in the rule, but will than direct sampling of the inputs to the
Comments: Revision to Certain allow owners or operators to use equations for the 2010 reporting year,
Provisions of the Mandatory Reporting alternative methods to provide the and now are considering implementing
of Greenhouse Gases Rule (see EPA inputs to those calculations. Further, the Tier 4 method for future years.
HQOAR20080508). unlike the BAMM process that was However, they argued the rule should
Comment: EPA received several established by promulgation of the provide a mechanism to address these
comments, both in support of and in October 30, 2009 reporting rule (74 FR dangerous streams.
opposition to, the proposed extension of 5637956380), any request for BAMM Response: No rule change has been
BAMM for facilities subject to subparts after 2010 will require EPA approval of made as a result of the comment. For the
P, X and Y. Some commenters that a facilitys proposed approach to be 2010 reporting year, the BAMM
supported the new BAMM process also implemented in lieu of the requirements provisions were designed for use where
recommended that EPA extend the in the rule. This further ensures that it was not possible to acquire, install
process beyond hydrogen producers, EPA will continue to receive data of the and operate a required piece of
petrochemical facilities and petroleum appropriate quality. equipment during the early months of
refineries. They suggested that the same EPA decided not to limit BAMM to a the GHG Reporting Program. Safety
logic should apply to all facilities, that one-time extension through 2013, concerns were a valid reason for
installation of monitoring equipment because we determined that the reasons approving these early BAMM
should not require process equipment or supporting extension through 2013 were applications.
still valid post 2013. Specifically, Although the commenter notes
unit shutdown.
Other commenters were concerned facilities in these particularly complex concerns with conducting the Tier 3
that the new BAMM process conflicts industries should not have to shut down method for quantifying emissions from
with the need for consistent data. The unnecessarily in order to install stationary combustion at the facility due
commenters urged that if EPA equipment. Data provided by these to the presence of a hydrogen cyanide
nevertheless decides to finalize the industries show that some units, for stream, EPA notes that the rule does not
requirements, there should be only a example crude distillation units, are limit them to use of a Tier 3 approach.
one-time application process with shut down only every 4 to 7 years. Other As acknowledged by the commenter,
BAMM ending no later than December units such as vacuum distillation units, they also have the opportunity to use
2013. Further, they asserted that EPA fluid catalytic cracking units, distillate Tier 4 to meet the requirements of the
should require facilities to make use of hydrotreating units, catalytic feed rule and, by taking advantage of BAMM
unplanned shutdowns as an hydrotreaters, hydrocrackers, coking for 2010, had one year to install the Tier
opportunity to install equipment. units, sulfur recovery units and 4 equipment. The commenter merely
Response: EPA carefully considered cogeneration units can be shut down as wants additional time beyond that
the issues raised by commenters and infrequently as every 5 years (see final already provided in the rule to comply
decided to retain the BAMM extension Background Technical Support with the Tier 4 requirements. The
process, as proposed, only for facilities document to the Revision of Certain commenter does not justify the
subject to subparts P, X and Y. The Provisions of the Mandatory Reporting requested extension by pointing to
proposal preamble sought comment on of Greenhouse Gases Rule). Thus, issues like unplanned shutdowns or hot
this very issue and requested that providing a potential end date for taps, as discussed in the proposal. EPA
commenters provide information on BAMM of December 31, 2015, is has determined the unique situation
additional subparts, if any, that would appropriate based on information raised by the commenter does not
need this flexibility, and include presented for these industries on the warrant expanding the BAMM process
information on why installation could typical frequency of shutdown for these generally beyond industries subject to
not be done in the absence of such a facilities. subparts P, X and Y.
shutdown or why such shutdowns did We also are not requiring a facility to B. Subpart AGeneral Provisions:
not or could not occur in 2010 without order the measurement equipment early Calibration Requirements
unreasonable burden on the facility. and have it on hand in the event of an
Commenters did not provide the unplanned shutdown before the 1. Summary of Final Amendments and
requested information to support their scheduled shutdown. First, it would be Major Changes Since Proposal
position that the provision should be hard to enforce a requirement to install EPA has finalized amendments to 40
extended to other industries. In equipment during an unplanned CFR 98.3(i)(1) to specify that the
summary, the commenters argued only shutdown if feasible because it would calibration accuracy requirements of 40
that EPA should provide this flexibility, be hard to objectively determine CFR 98.3(i)(2) and (i)(3) are required
but did not provide a rationale as to whether a facility should have installed only for flow meters that measure liquid
why additional industries needed the equipment during an unplanned and gaseous fuel feed rates, feedstock
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flexibility. shutdown. Moreover, during an flow rates, or process stream flow rates
Regarding concerns that the new unplanned shutdown, the priority is that are used in the GHG emissions
BAMM process would lead to often to get the equipment up and calculations, and only when the
inconsistent data, EPA has determined running as quickly and safely as calibration accuracy requirement is
that this limited opportunity for a possible; therefore, there is not specified in an applicable subpart of
BAMM extension will provide necessarily time to install the Part 98. For instance, the QA/QC
sufficiently consistent data for these measurement equipment. requirements in 40 CFR 98.34(b)(1) of

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subpart C require all flow meters that at the hour of the failed calibration and The methods used for the
measure liquid and gaseous fuel flow continuing until a successful calibration demonstration, along with the data from
rates for the Tier 3 CO2 calculation is completed. Appropriate substitute the demonstration, supporting
methodology to be calibrated according data values must be used during the engineering calculations (if any), and
to 40 CFR 98.3(i); therefore, the period of data invalidation. the mathematical relationship(s)
accuracy standards in 40 CFR 98.3(i)(2) In 40 CFR 98.3(i)(2) and (3), we are between the remote readings and the
and (i)(3) will continue to apply to these adding absolute value signs to the actual flow meter conditions derived
meters. numerators of Equations A2 and A3. from the demonstration data must be
We are also amending 40 CFR 98.3(i) These were inadvertently omitted in the documented in the monitoring plan for
to clarify that the calibration accuracy October 30, 2009 Part 98. the unit and maintained in a format
specifications of 40 CFR 98.3(i)(2) and We are also amending 40 CFR suitable for auditing and inspection.
(i)(3) do not apply where the use of 98.3(i)(3) to increase the alternative The temperature and/or total
company records or the use of best accuracy specification for orifice, pressure at the flow meter must be
available information is specified to nozzle, and venturi flow meters (i.e., the calculated on a daily basis from the
quantify fuel usage or other parameters, arithmetic sum of the three transmitter remotely measured values, and the
nor do they apply to sources that use calibration errors (CE) at each measured flow rates must then be
Part 75 methodologies to calculate CO2 calibration level) from 5.0 percent to 6.0 corrected to standard conditions.
mass emissions because the Part 75 percent, since each transmitter is The mathematical correlation(s)
quality-assurance is sufficient. Although individually allowed an accuracy of 2.0 between the remote readings and actual
calibration accuracy requirements are percent. We are also amending 40 CFR flow meter conditions must be checked
not applicable for these data sources, 98.3(i)(3) for orifice, nozzle, and venturi at least once a year, and any necessary
per the requirements of 98.3(g)(5), flow meters to account for cases where adjustments must be made to the
reporters are still required to explain in not all three transmitters for total correlation(s) going forward.
their monitoring plan the processes and We are amending 40 CFR 98.3(i)(4) to
pressure, differential pressure, and
methods used to collect the necessary include an additional exemption from
temperature are located in the vicinity
data for the GHG calculations. the calibration requirements of 40 CFR
of a flow meters primary element. 98.3(i) for flow meters that are used
We are also amending 40 CFR
Instead of being required to install exclusively to measure the flow rates of
98.3(i)(1) to clarify that the calibration
additional transmitters, reporters are, as fuels used for unit startup. For instance,
accuracy specifications in 40 CFR
described below, conditionally allowed a meter that is used only to measure the
98.3(i)(2) and (i)(3) do not apply to other
to use assumed values for temperature flow rate of startup fuel (e.g., natural
measurement devices (e.g., weighing
and/or total pressure based on gas) to a coal-fired unit is exempted.
devices) that provide data for the GHG
measurements of these parameters at Section 98.3(i)(4) is being further
emissions calculations. Rather, these
remote locations. If only two of the three amended to clarify that gas billing
devices must be calibrated to meet the
accuracy requirements of the relevant transmitters are installed and an meters are exempted from the
subpart(s), or, in the absence of such assumed value is used for temperature monitoring plan and recordkeeping
requirements, meet appropriate, or total pressure, the maximum provisions of 40 CFR 98.3(g)(5)(i)(c),
technology-based error-limits, such as allowable calibration error is 4.0 (g)(6) and (g)(7), which require,
industry consensus standards or percent. If two assumed values are used respectively, that a description of the
manufacturers accuracy specifications. and only the differential pressure methods used to quality-assure data
Consistent with 40 CFR 98.3(g)(5)(i)(C), transmitter is calibrated, the maximum from instruments used to provide data
the procedures and methods used to allowable calibration error is 2.0 for the GHG emissions calculations be
quality-assure the data from the percent. included in the written monitoring plan,
measurement devices must be We are also amending 40 CFR that the results of all required
documented in the written monitoring 98.3(i)(3) to add five conditions that certification and QA tests be kept, and
plan. must be met in order for a source to use that maintenance records be kept for
We are adding a new paragraph 40 assumed values for temperature and/or those instruments.
CFR 98.3(i)(1)(ii) to clarify that flow total pressure at the flow meter location, We are amending 40 CFR 98.3(i)(5) to
meters and other measurement devices based on measurements of these clarify that flow meters that were
need to be installed and calibrated by parameters at a remote location (or already calibrated according to 40 CFR
the date on which data collection needs locations). 98.3(i)(1) following a manufacturers
to begin, if a facility or supplier The owner or operator must recommended calibration schedule or
becomes subject to Part 98 after April 1, demonstrate that the remote readings, an industry consensus calibration
2010. when corrected, are truly representative schedule do not need to be recalibrated
We are adding new paragraph 40 CFR of the actual temperature and/or total by the date specified in 40 CFR
98.3(i)(1)(iii) to specify the frequency at pressure at the flow meter location, 98.3(i)(1) as long as the flow meter is
which subsequent recalibrations of flow under all expected ambient conditions. still within the recommended
meters and other measurement devices Pressure and temperature surveys can calibration interval. This paragraph is
must be performed. Recalibration must be performed to determine the also being amended to clarify that the
be at the frequency specified in each difference between the readings deadline for successive calibrations will
applicable subpart, or at the frequency obtained with the remote transmitters be according to the manufacturers
recommended by the manufacturer or and the actual conditions at the flow recommended calibration schedule or
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by an industry consensus standard meter location. an industry consensus calibration


practice, if no recalibration frequency All temperature and/or total schedule.
was specified in an applicable subpart. pressure measurements in the We are amending 40 CFR 98.3(i)(6) to
We are adding new paragraph 40 CFR demonstration must be made with account for units and processes that
98.3(i)(7) to specify the consequences of calibrated gauges, sensors, transmitters, operate continuously with infrequent
a failed flow meter calibration. Data or other appropriate measurement outages and cannot meet the flow meter
become invalid prospectively, beginning devices. calibration deadline without disrupting

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normal process operation. Part 98 waiving calibration requirements for recognize that other programs to which
allowed the owner or operator to other measuring devices altogether. reporters may be subject impose
postpone the initial calibration until the They acknowledge that there is a calibration standards that will affect
next scheduled maintenance outage. requirement to document the calibration many of the instruments used for
Although the rule allowed procedure used in the monitoring plan, reporting under Part 98. For example,
postponement of calibration, it did not but they believe it is not enforceable and the tested accuracy of fuel flow meters
specify how to report fuel consumption severely reduces transparency. The and transmitter transducers used in the
for the entire time period extending commenters contend that the use of Acid Rain Program from 2005 through
from January 1, 2010 until the next different calibration methods and 2009 was well below 1 percent.
maintenance outage. We are amending varying levels of accuracy would make As a result of the wide range of
40 CFR 98.3(i)(6) to permit sources to it difficult to correctly interpret and industries and measuring devices used
use the best available data from compare the emissions data, and would within each industry, we have
company records to quantify fuel usage render future policy development very determined it is not practical to set a
until the next scheduled maintenance difficult. global calibration standard or method
outage. This revision addresses In summary, commenters that were that would apply generically to every
situations where the next scheduled concerned about our removal of the measurement device. Replacing the 5
outage is in 2011, or later. blanket 5 percent calibration accuracy percent requirement from the 2009 fine
The major change since proposal is requirements asserted that EPA has a rule with manufacturers specifications
identified in the following list. The mandate to implement the rule and or industry specific standards will
rationale for this and any other cannot promulgate any subsequent rule provide a higher level of data certainty
significant changes can be found in this that would compromise the quality of across the rule while accommodating
preamble or the document, Response to the data reported. They further argue the wide variety of industries and
Comments: Revision to Certain that it is arbitrary and capricious, in equipment covered by the rule. We
Provisions of the Mandatory Reporting light of EPAs reporting mandate, to think it is highly unlikely that
of Greenhouse Gases Rule (see EPA waive the calibration accuracy companies will choose to use arbitrary
HQOAR20080508). requirements for any flow meters. All standards, as the procedures and
Removed the words ignition and such meters, they contend, should be methods used to quality-assure the
ignition fuel from 40 CFR 98.3(i)(4), so required to meet these minimum measurement data must be listed in the
that only fuel flow meters that are used accuracy requirements, with no facility or suppliers monitoring plan.
exclusively for startup are exempted exceptions. The commenters correctly note that
from the calibration requirements of 40 Response: We acknowledge the the calibration accuracy requirements of
CFR 98.3(i). concerns of the commenters and agree 40 CFR 98.3(i) have been removed
that a high level of data quality is a where company records or best
2. Summary of Comments and
valuable component of any available information are used. Since
Responses
environmental program. However, we promulgation, we have consistently
This section contains a brief summary believe the changes to the calibration affirmed that meters used to generate
of major comments and responses. accuracy requirements of 40 CFR 98.3(i) company records are not required to be
Several comments were received on this do not jeopardize the integrity of the calibrated according to 40 CFR 98.3(i).
topic. Responses to additional reporting program nor compromise The purpose behind allowing the use of
significant comments received can be EPAs ability to use the data in the company records and best available
found in the document, Response to future to support climate policy information was to permit companies to
Comments: Revision to Certain development. use fuel billing receipts or other quality
Provisions of the Mandatory Reporting As originally promulgated, 40 CFR assured information they currently
of Greenhouse Gases Rule (see EPA 98.3(i) required that all measurement maintain. EPA authorized the use of
HQOAR20080508). devices shall be calibrated to an company records to alleviate burden
Comment: We received several accuracy of 5 percent. However, as and did not intend for such data to be
comments relating to the proposed promulgated, 40 CFR 98.3(i)(2) and (i)(3) subject to additional calibration
changes to the calibration accuracy only provided calibration procedures for requirements, which would defeat the
requirements set in 40 CFR 98.3(i). flow meters. No specific procedures purpose of this flexibility.
Commenters expressed concern that were provided for other measurement To be clear, we disagree with the
removing the rule-wide 5 percent devices. As a result, measurement commenters assertions that we are
calibration accuracy requirement would devices other than flow meters would waiving any calibration accuracy
compromise the rules data quality. The necessarily be calibrated according to requirements or that certain types of
commenters noted that a global procedures specified in other subparts, flow meters would not have to be
calibration accuracy requirement is industry consensus methods, or calibrated. All measurement
necessary to provide data that are manufacturer specifications. technologies, except for the limited
accurate and comparable within and In the Technical Support Document exceptions in 40 CFR 98.3(i) must meet
across industries. By dropping this for Revision of Certain Provisions: calibration accuracy requirements.
requirement, the commenters believed Proposed Rule for Mandatory Reporting Further, most major emission sources
small calibration errors will of Greenhouse Gases, dated July 8, should be covered by either the
systematically produce major errors in 2010 (the TSD), vendor information on requirements of 40 CFR 98.38(i) or
reported data. For measuring devices various types of measuring devices another program that provides a
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other than flow meters they argued that shows accuracy ranges of significantly similarly, if not significantly more,
it is not clear what an appropriate less than 5 percent. Requiring the stringent accuracy requirement. We
error range is, or what calibration calibrations to be performed according have concluded that the amendments to
standards a reporter would deem to the accuracy specified by the device the calibration accuracy requirements
applicable, and suggest that by stating manufacturer, rather than 5 percent, do not compromise our ability to
calibration standards are not limited to would likely actually increase the data implement successfully this reporting
industry standards * * *, EPA is accuracy of the rule. In addition, we rule.

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79100 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

Comment: One commenter pointed 98.3(c)(4) and clarify that separate Provisions of the Mandatory Reporting
out an inconsistency in the proposed reporting of biogenic CO2 emissions was of Greenhouse Gases Rule (see EPA
rule regarding the term ignition fuel. optional for part 75 units. Most HQOAR20080508).
EPA proposed to amend 40 CFR commenters urged EPA to make Comment: EPA received a large
98.3(i)(4) to exempt fuel flow meters separate reporting of biogenic emissions number of comments related to the
that are used exclusively for startup and mandatory for all reporters. Many proposed amendments to make separate
ignition fuel from the calibration commenters also objected to the reporting of biogenic CO2 emissions
requirements of 40 CFR 98.3(i). restructuring of 40 CFR 98.3(c)(4), optional for units subject to 40 CFR part
However, EPA also proposed in 40 CFR which would have had all units 75. The three main concerns, each
98.30(d) to exempt pilot lights from reporting combined biogenic and non- raised by multiple commenters, were
GHG emission reporting requirements. biogenic CO2 emissions. that (1) all reporters should be required
The commenter noted that pilot lights Based on the comments received, we to separately report biogenic CO2
are essentially the same as ignitors, and have decided to withdraw the proposed emissions; (2) reporters should never be
the reference in 40 CFR 98.3(i)(4) to re-structuring of 40 CFR 98.3(c)(4). We required to combine fossil CO2 and
flow meters that measure ignition fuel have also reconsidered the optional biogenic CO2; and, (3) if EPA
appears to imply that GHG emissions reporting of biogenic CO2 emissions nevertheless finalizes requirements
from the combustion of ignition fuel reporting for part 75 units. In the final allowing separate reporting of biogenic
must be reported. rule, a new paragraph, (c)(12), has been CO2 to be optional for units subject to
Response: The GHG emissions added to 40 CFR 98.3(c), which states 40 CFR part 75, then EPAs
reporting exemption for pilot lights in that reporting biogenic CO2 is optional implementation of the proposed
40 CFR 98.30(d) refers to emissions from for part 75 units only for the first year revisions should be narrower in scope
combustion of the fuel that supplies the of the program (i.e., for the 2010 and not affect reporting requirements for
pilot light. Therefore, in the final rule, reporting year). Thereafter, all part 75 all reporters.
we have removed the words ignition units must separately report their Regarding the first issue, some
and ignition fuel from 40 CFR biogenic CO2 emissions. We are commenters argued that the
98.3(i)(4). Paragraph (i)(4) now refers allowing the optional biogenic CO2 requirements of the Acid Rain Program
only to startup fuel, which is distinctly emissions reporting for the 2010 (ARP) should not constrain EPA in the
different from ignition fuel. For reporting year in light of the 2009 final GHG context and that all reporters
instance, at startup, a coal-fired boiler rule, as well as our previous statements under 40 CFR part 98 should be
may burn natural gas for several hours and guidance on the issue. It is likely required to report biogenic CO2
at high heat input values, whereas a that at least some 40 CFR part 75 emissions, regardless of the fact that
pilot light is a small flame that simply sources are following that policy such separate reporting is not a
ignites or initiates combustion of the guidance and have elected not to requirement in ARP. Commenters
main fuel (e.g., fuel oil). separately report biogenic CO2 suggested that this is important for
emissions. It is equally likely that these consistency across the GHG Reporting
C. Subpart AGeneral Provisions: sources have not been keeping the Program.
Reporting of Biogenic Emissions necessary records or performing the Several commenters suggested that it
required emission testing to enable them is never appropriate to combine fossil
1. Summary of Final Amendments and
to report these emissions for 2010. CO2 and biogenic CO2 into a single
Major Changes Since Proposal
Major changes since proposal are reported value. Commenters noted that
Under the proposed amendments, identified in the following list. The there is a distinction between fossil CO2
EPAs goal was to reflect in regulatory rationale for these and any other and biogenic CO2 and that in order to
language clarifications that have been significant changes can be found in this ensure transparency for future climate
issued stating that separate reporting of preamble or the document, Response to policy these two values should not be
biogenic emissions for units subject to Comments: Revision to Certain combined into a single reported
40 CFR part 75 was optional. To clarify Provisions of the Mandatory Reporting emissions value. Further, they argued
this optional reporting, we proposed to of Greenhouse Gases Rule (see EPA that EPAs proposed requirement for
amend the data elements in subpart A HQOAR20080508). sources to combine fossil and biogenic
(specifically 40 CFR 98.3(c)(4)) and Retaining the facility level reporting emissions together in one total ignores
subpart C that currently require separate requirements from the 2009 final rule the natural biomass carbon cycle and is
accounting and reporting of biogenic (74 FR 56373) in 40 CFR 98.3(c)(4) that counter to the principle of carbon
CO2 emissions so that it is optional for requires reporting of CO2 emissions neutrality, thereby overstating net CO2
units that are subject to subpart D of this (excluding biogenic CO2) and separate entering the atmosphere.
part or units that use the methods in reporting of biogenic emissions. The commenters suggested that
part 75 to quantify CO2 mass emissions Introducing new paragraph 40 CFR requiring separate reporting of biogenic
in accordance with 40 CFR 98.33(a)(5) 98.3(c)(12) that allows facilities with 40 CO2 is consistent with the
(40 CFR part 75 units or part 75 units). CFR part 75 units the option to include Intergovernmental Panel on Climate
More specifically, to effect this biogenic emissions in their facility totals Change and national, regional, and
clarification, we proposed to revise the for the 2010 reporting year only. corporate GHG protocols and that EPA
reporting for all facilities such that all should not depart from this established
facilities would report combined non- 2. Summary of Comments and accounting convention. These
biogenic and biogenic CO2, and all Responses commenters also pointed out that EPA
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facilities, except those with part 75 This section contains a brief summary uses this same rationale for requiring
units, would still have been required to of major comments and responses. separate reporting of biogenic CO2
calculate and report biogenic CO2 Several comments were received on this emissions in its own response to
emissions separately. topic. Responses to additional comments to the GHG Reporting Rule
We received numerous adverse significant comments received can be (74 FR 56351). Further, the commenters
comments on the proposed amendments found in the document, Response to articulated that separate reporting of
that would re-structure 40 CFR Comments: Revision to Certain biogenic emissions is necessary to

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79101

provide the public and policymakers to report biogenic CO2 emissions from rule did not require this reporting for
with information on the extent of 40 CFR part 75 units separately, or units subject to 40 CFR part 75. This is
biomass combustion and the sectors of report only total CO2 emissions consistent with the Response to
the economy where biomass fuels are (including biogenic CO2) for the 40 CFR Comments document for subpart D of
used, which is information important part 75 units at their facility. Beginning the final rule 5 where it states It is
for developing future climate policy. in the 2011 reporting year, these EPAs intent that Acid Rain Program
Several organizations also commented facilities must separately report biogenic units will be able to continue to
that an accurate, economy-wide CO2 emissions for the entire facility per measure and report CO2 emissions as
inventory of biogenic CO2 emissions is the requirements in 40 CFR 98.3(c)(4), they do under the Acid Rain Program
important because the evidence to date like all other facilities. which did not require separate reporting
demonstrates that biomass is not In addition, the final rule does not of biogenic CO2. However, when we
inherently carbon neutral. adopt the proposed restructuring of 40 opened the relevant paragraphs to
Finally, commenters noted that if EPA CFR 98.3(c)(4) and leaves in place the notice and comment, we received
nevertheless decides to finalize the rule facility-level reporting requirements in overwhelming support for making the
allowing optional reporting of biogenic 40 CFR 98.3(c)(4) for any facility in 2010 separate reporting of biogenic CO2
CO2 emissions for 40 CFR part 75 units, or for future years. All other facilities, emissions mandatory, including from
EPA should modify the proposed rule so except those with part 75 units, must, as facilities with part 75 units. This
the amendments affect only facilities finalized in the 2009 final rule, report support, in combination with the value
with part 75 units, and do not change CO2 (excluding biogenic CO2) and then of having the data for policy analysis,
the reporting requirements for all other report separately biogenic CO2 led us to reconsider our position and
reporters. Commenters were concerned emissions. We would note that neither require separate reporting of biogenic
that EPAs proposed change required all the original proposed amendments, nor CO2 emissions beginning in the 2011
reporters to report total CO2 (including the amendments finalized today, affect reporting year for the 40 CFR part 75
biogenic CO2 emissions), but only the fact that biogenic CO2 emissions are units. We decided to retain optional
required facilities with non-part 75 excluded from the applicability reporting for the 2010 reporting year
units to report their biogenic emissions determination under 40 CFR 98.2. due to the fact that we have provided
separately. Facilities with part 75 units Commenters provided many reasons guidance indicating that separate
would have the option to report for supporting mandatory separate reporting was optional for these part 75
separately biogenic CO2 from those reporting of biogenic CO2 emissions units, and therefore, some facilities may
units. The commenters suggested that if from all facilities, including the not have incorporated procedures into
EPA chooses to finalize optional increased transparency that such their monitoring plans or developed
separate reporting for part 75 units, then reporting brings. Some commenters internal systems for collecting the
EPA should revert to the reporting supported the assumption of the carbon necessary information to facilitate the
requirements in subpart A that were in neutrality of biomass while others biogenic CO2 emissions calculations.
the 2009 final rule (i.e., report CO2 dispelled it, but both sides were united To implement the changes described
excluding biogenic CO2) (74 FR 56379) in their comments that it is important to above, we are adding new paragraph 40
for all other reporters and add a new understand the GHG emissions CFR 98.3(c)(12), as well as amending
paragraph specifically for facilities with associated with biomass consumption. paragraphs 40 CFR 98.33(e) (to provide
part 75 units. Our decision to also require separate an additional option for part 75 units to
Response: We appreciate the reporting of biogenic emissions for units calculate the biogenic CO2 emissions),
significant feedback generated by the that use the methods in 40 CFR part 75 40 CFR 98.34(f), several paragraphs in
proposed amendments designed to is founded solely on the principle that 40 CFR 98.36(d), and 40 CFR 98.43.
clarify that separate reporting of having data available at a more
biogenic emissions was optional for disaggregated level for a reporting D. Subpart AGeneral Provisions:
units subject to 40 CFR part 75. We also program like this one improves Requirements for Correction and
recognize that many industry and transparency and better enables us and Resubmission of Annual Reports
environmental groups have significant other stakeholders to use the data to
interest in the treatment of biomass in 1. Summary of Final Amendments and
evaluate future potential policy options, Major Changes Since Proposal
GHG reports, and specifically in the without prejudging what those policies
accounting of biogenic CO2 emissions. might be. This decision is not based on Subpart A, as promulgated in October
Based on the significant feedback any conclusions about carbon 2009, required that an owner or
received, including comments received neutrality or the appropriateness of operator shall submit a revised report
from facilities with 40 CFR part 75 combining fossil CO2 and biogenic CO2 within 45 days of discovering or being
units, as well as the fact that one of the into a single value.4 Rather, EPAs notified by EPA of errors in an annual
fundamental goals of the Greenhouse approach preserves the flexibility for the GHG report. The revised report must
Gas Reporting Program (GHGRP) is to Agency and for stakeholders to correct all identified errors. * * * We
collect data to support a range of understand reported CO2 emissions in are amending 40 CFR 98.3(h) to clarify
potential future climate policies, we multiple ways. Despite the benefits of the types of errors that trigger a
have reconsidered our position and having separate data with which to resubmission and the process for
decided to make the separate reporting distinguish biogenic CO2 emissions, resubmitting annual GHG reports.
of biogenic emissions mandatory for which we do not dispute, the 2009 final First, reports only have to be
part 75 units beginning in the 2011 resubmitted when the owner or operator
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reporting year. Separate reporting of 4 EPA requested comment on approaches to or the Administrator determines that a
biogenic CO2 emissions is optional for accounting for GHG emissions from bioenergy and
these units in the 2010 reporting year. other biogenic sources earlier this year. The Call for 5 Mandatory Greenhouse Gas Reporting Rule,

Per the requirements in the new Information (75 FR 41173 and 75 FR 45112), EPAs Response to Public Comments, Volume 16,
supporting information and comments can be found Subpart D Electricity Generation. Found at http://
paragraph 40 CFR 98.3(c)(12), facilities in docket EPAHQOAR20100560. Please refer to www.epa.gov/climatechange/emissions/
with one or more part 75 units must those documents for more information about this downloads09/documents/SubpartDComment
elect in the 2010 reporting year whether issue. Reponses.pdf.

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79102 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

substantive error exists. A substantive There have been no major changes purpose, it is reasonable to focus an
error is defined as one that impacts the from proposal regarding requirements ongoing requirement to correct errors in
quantity of GHG emissions reported or for correction and resubmission of an annual report on substantive errors,
otherwise prevents the reported data annual reports. i.e., errors that affect emissions data
from being validated or verified. This quality, validation, or verification.
2. Summary of Comments and
clarification is important because some Further, because this is a new program
Responses
errors are not significant (e.g., an error covering a wide variety of industries
in the zip code) and do not impact This section contains a brief summary and processes, some of whom may not
emissions. Such non-significant errors of major comments and responses. be familiar with GHG accounting and
will not obligate the owner or operator Several comments were received on this reporting, we have determined that
to resubmit the annual report. subpart. Responses to additional under these circumstances it is
The owner or operator is required to comments received can be found in the reasonable to establish a procedure
resubmit the report within 45 days of document, Response to Comments: engaging owners and operators on
identifying the substantive error, or of Revision to Certain Provisions of the whether the annual report actually
being notified by the Administrator of a Mandatory Reporting of Greenhouse contains identified substantive errors.
substantive error, unless the owner or Gases Rule (see EPAHQOAR2008 The commenters claims that this
operator provides information 0508). procedure provides no clear method of
Comment: One commenter, determining what are substantive errors,
demonstrating that the previously
representing several organizations, was may take months, perhaps years, may
submitted report does not contain the
concerned that the amended process for result in owners refusing to correct
identified substantive error or that the
submitting revised annual GHG reports errors, and is unnecessary are
identified error is not a substantive
upon identification or notification by unsupported and speculative. First, EPA
error. This amendment provides owners
EPA of an error was too complex and has concluded that the definition of
and operators the opportunity to
would substantially slow down substantive erroran error that
demonstrate whether an error the correction of reported errors. Generally,
Administrator has deemed to be a impacts emissions data quality or
they asserted that the 45-day process otherwise prevents the data from being
substantive error is not, in fact, a that was in the final Part 98 (74 FR
substantive error. validated or verifiedis reasonably
56381) should be appropriate for most clear and is consistent with the
Finally, we are also allowing owners reporters, and to the extent there were purposes of GHG emissions reporting.
and operators to request an extension of any outliers, then EPA could use The commenter fails to show what is
the 45-day resubmission deadline to enforcement discretion for those unclear about this definition, nor why it
address facility-specific circumstances specific reporters as opposed to is unreasonable to focus corrections on
that arise in either correcting an error or changing the rule for all reporters. The substantive errors, versus insignificant
determining whether or not an commenter was further concerned that ones that do not impact the accuracy of
identified error is, in fact, a substantive EPA proposed to allow reporters to submitted information.
error. Owners and operators are extend their resubmission deadline in Second, these final rule amendments
required to notify EPA by e-mail at least the event of a disagreement between set time limits for correction of
two business days prior to the end of the EPA and the reporter, by at least 30 substantive errors, i.e., correction
45-day resubmission deadline if they days. The commenters suggested that through submission of a revised annual
seek an extension. An automatic 30-day the process does not give EPA a clear GHG report within 45 days of discovery
extension will be granted if EPA does method to dispute these points with (or notification by EPA of the errors)
not respond to the extension request by operators, does not specify that EPAs plus any reasonable extensions of time
the end of the 45-day period. view trumps the operators opinion, and (including one automatic 30 day
We are including the opportunity to does not allow members of the public to extension). The commenter fails to
extend the period for resubmission in argue that an error is, in fact, provide any basis for conflating these
recognition that the data system is still substantive, and must be corrected. limited time frames into periods of
under development and we do not yet They contended that the overall process many months or years. Further, because
fully know the full range of errors that could take months or years to correct refusal by an owner or operator to
will be identified and, therefore, the errors, and the operators may still refuse correct substantive errors within the
time required to address such errors. to correct some of them. They argued appropriate time frame would be a
Verification and quality assurance and this is a departure from the existing violation of the CAA and subject to
quality control checks are currently rule, and serves only to hinder what was significant civil penalties, the
under development in the data system. a straightforward and effective process. commenter has no basis for assuming
Some flags that the data system might Response: The process in these final that owners and operators would simply
generate will not necessarily reflect rule amendments for submission of refuse to make the corrections.
substantive errors, but rather will be revised annual GHG reports to correct Third, the error correction process
flags to alert the owner or operator to any substantive errors in these reports is provides a standard process that is
review the submission carefully to make reasonable and consistent with the applicable to all owners and operators
sure the information provided is correct. purpose of the GHG Reporting Program. and that owners and operators and EPA
On the other hand, some flags could The purpose of these reporting can use to attempt to resolve issues
identify substantive errors that affect the requirements is to provide EPA with concerning error correction. EPA has
overall GHG emissions reported to EPA. accurate and timely information on determined that this process will likely
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Although we have concluded that it is greenhouse gases in order to gain a result in more efficient error correction
important to provide facilities and better understanding of the relative and resolution of error correction issues
suppliers the opportunity to extend this emissions of specific industries and by setting a limited time for contesting
deadline, we believe that the 45-day facilities, the factors that influence EPAs identification of substantive
time period is a sufficient time period emission rates, and the actions that errors. In addition, EPAs provision of a
for the vast majority of facilities and facilities could in the future, or already standard process provides more
suppliers. take, to reduce emissions. In light of this certainty for owners and operators of an

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79103

opportunity to resolve issues than if E. Subpart AGeneral Provisions: hours in the year that missing data are
EPA were simply to rely on enforcement Information To Record for Missing Data used for each data element provides
discretion, as recommended by a Events sufficient information for purposes of
commenter. the GHG Reporting Program. Although
1. Summary of Final Amendments and
The commenters also claimed the the total number of hours will not
Major Changes Since Proposal
provide information on the duration of
public will have no opportunity to argue We are amending 40 CFR 98.3(g)(4) by each missing data event, EPA will know
that errors are substantive and should be removing requirements to maintain the total fraction of the year for which
corrected. However, this does not records on the duration of a missing missing data are used for a particular
represent a change from the error data event and actions taken to data element. We have determined that
correction process under the 2009 final minimize future occurrences, while this information provides EPA sufficient
rule. The amendments for resubmission retaining the requirement that records information on the extent of use of the
of annual reports did not change public be kept of the cause of each missing data missing data provisions for any given
involvement in the resubmission event and the corrective actions taken. reporter.
process. We are also clarifying that the records EPA also decided to remove
The process in todays rule better retained pursuant to 40 CFR 75.57(h) recordkeeping requirements related to
focuses the resources of EPA, regulated may be used to meet the recordkeeping actions taken to prevent or minimize
industries and the public on those errors requirements under Part 98 for the same occurrence in the future after
that are most relevant to generating missing data events. considering the value of the potential
There have been no major changes
accurate data. loss of data as compared to the burden
from proposal regarding recordkeeping
Comment: Several commenters of compliance with the rule as written.
requirements for missing data events.
requested that EPA provide a numerical As described below, we determined that
2. Summary of Comments and sufficient information is available
determination of what is a substantive
Responses regarding missing data without
error. One commenter proposed a +/
This section contains a brief summary requiring this additional information.
10 percent change in the reported GHG
of major comments and responses. First, reporters must report annual
emissions value as a result of the
Several comments were received on this hours for each missing data element.
identified error. Another commenter
subpart. Responses to additional Through this reported data, EPA can
requested that EPA clarify that
significant comments received can be identify whether missing data is
substantive errors are only those that
found in the document, Response to particularly prevalent for a given data
exceed 1 percent to 5 percent of the total element at a given facility. Second,
annual CO2 equivalent emissions. Comments: Revision to Certain
Provisions of the Mandatory Reporting records must be retained on the cause of
One commenter requested that, in the of Greenhouse Gases Rule (see EPA the event and actions taken to restore
final preamble, EPA clarify that any HQOAR20080508). malfunctioning equipment. If EPA elects
error not be considered substantive Comment: Some commenters stated to review these records, this
unless it exceeds 1 percent to 5 percent that although EPA has justified this information, along with reported
of the total annual CO2 equivalent proposal by noting that 40 CFR part 75 information on the total hours of
(CO2e) emission amount reported by does not require separate accounting of missing data for each data element, will
an individual reporting facility. The the duration of missing data events or suggest whether the source is taking
commenter also requested that EPA * * * actions taken to minimize action to prevent or minimize
modify the contains one or more occurrence in the future, that alone is occurrence in the future. Therefore, we
substantive errors language to allow the not sufficient justification for not have determined that it is not necessary
agency flexibility to investigate including these requirements under the to collect information specifically on
potential as well as documented errors. reporting program. The commenters actions taken to prevent or minimize
asserted that part 75s requirements do occurrence of missing data in the future.
Response: The final rule defines
not constrain EPAs obligations in the EPA acknowledges the point made by
substantive error as an error that the commenters that most facilities
GHG context. The commenters wrote
impacts the quantity of GHG emissions subject to the rule do not use CEMS, and
that reporting the duration of a missing
reported or otherwise prevents the therefore, this fact can not be used as a
data event cannot be considered overly
reported data from being validated or burdensome because reporters that justification for removing requirements
verified. EPA has determined that it is accurately use missing data procedures related to minimizing future occurrence.
not appropriate to establish a threshold must know the duration of missing data Further, EPA agrees that information on
below which errors do not have to be events and so must be collecting this duration would likely be collected when
corrected and resubmitted. EPA has information regardless. Also, the following the applicable missing data
determined that if an error in the GHG commenters indicated that most procedures. Nevertheless, based on the
emissions estimate occurs, then that facilities covered by the rule do not use preceding discussion, EPA has
emissions error should be corrected and CEMS, and thus, EPA should not change concluded that sufficient data will be
the annual GHG emissions report the minimize occurrence requirement available on missing data through the
resubmitted. If a facility were to go for all reporters (CEMS users and non- required reporting of total number of
through the process of identifying the CEMS users) because missing data hours in the year that missing data are
estimate in GHG emissions, calculating events associated with the use of CEMS used for each data element (per 40 CFR
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what the GHG emissions total should often have no clear measures to avoid 98.3(c)(8)), and the recordkeeping
have been, and then determining the similar occurrences in the future. requirements on cause of the event and
percent difference between the original Response: With respect to removal of actions taken to restore malfunctioning
reported estimate and the revised the requirement to record the duration equipment. EPA has determined that
estimate, then the reporter has all of the of a missing data event, EPA determined requiring collection and retention of
information necessary to report that that the requirement in 40 CFR additional data on duration and actions
revised estimate. 98.3(c)(8) to report the total number of taken to prevent or minimize occurrence

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79104 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

in the future is not necessary under the these gases under 40 CFR 98.3(c)(5)(ii) exclude the reporting of emissions
reporting program at this time. (in metric tons of GHG). associated with products separated/
We are amending 40 CFR 98.3(d)(3) to extracted by means not explicitly stated
F. Subpart AGeneral Provisions: Other correct the year in which reporters that
in the rule.
Technical Corrections and Amendments submit an abbreviated report for 2010 Distillate fuel oil. We are expanding
1. Summary of Final Amendments and must submit a full report, from 2011 to the definition of Distillate fuel oil to
Major Changes Since Proposal 2012. The full report submitted in 2012 include kerosene-type jet fuel.
will be for the 2011 reporting year. Fossil fuel. We are amending the
We are making several additional definition of fossil fuel, as proposed, to
We are amending 40 CFR 98.3(f) to
amendments to subpart A, as follows. read, Fossil fuel means natural gas,
We are making technical corrections correct the cross-reference from
petroleum, coal, or any form of solid,
to 40 CFR 98.3(c)(4)(i) through (c)(4)(iii) 98.3(c)(8) to 98.3(c)(9). We are
amending 40 CFR 98.3(g)(5)(iii) to liquid, or gaseous fuel derived from
and (c)(4)(vi) to clarify that facilities
correct a spelling error. such material for purpose of creating
must report GHG emissions from all
We are amending the elements useful heat. This amendment finalizes
applicable source categories, which
required with a certificate of the same definition of fossil fuel that
includes general stationary fuel was originally proposed in April 2009
combustion, miscellaneous carbonates representation under 40 CFR 98.4(i)(2)
to include organization name (company (74 FR 16621), but was subsequently
and any other source category covered amended in the final Part 98 (74 FR
by Part 98. This is consistent with the affiliation-employer). We are also
adding the same element to the 56387). The change is not intended to
language in the 2009 final rule which have any impact on coverage of
required facilities to report emissions delegation by designated representative
and alternate designated representative greenhouse gases under the GHG
from all applicable source categories in Reporting Program.
subparts C through JJ. In a recent final under 40 CFR 98.4(m)(2). Part 98 and
the amendments do not require the Fuel gas. We are amending the
rule (July 12, 2010, 75 FR 39736) we definition of fuel gas to clarify that it
updated 40 CFR 98.2 to remove the lists designated representative, alternate includes only gas generated at refineries
of source categories covered by the rule designated representative, or agent to be
an employee of the reporting entity. If or petrochemical processes subject to
and replace the list with Tables, subpart X and to remove the phrase or
specifically Table A3 and Table A4 of a designated representative further similar industrial process unit. For a
this chapter. This change was merely a delegates their authority to an agent the
agent gains access to all data for that fuel explanation of this final change,
reorganization and did not change please see the Comments and Response
applicability under the rule. The facility or supplier. To underline the
importance of granting access to the discussion under Section II.G of this
reformatting from lists to tables would preamble.
enable EPA to add source categories in correct person, EPA requires the
designated representative (or alternate) Municipal solid waste. We are
the future, and therefore add new amending the definition of municipal
subparts to the rule, without having to to confirm each agent delegation.
Adding organization name to the solid waste to be similar to, but not
update all language referring to exactly the same as, the definition of
subparts C through JJ. In finalizing that certificate of representation and notice municipal solid waste in subpart Ea of
rule, we made the appropriate changes of delegation adds a level of assurance
the NSPS regulations (40 CFR 60.51a).
to 40 CFR 98.2 indicating facilities must to the confirmation process. The amended definition explains what
Finally, we are amending 40 CFR 98.6
report GHG emissions from stationary is meant by household waste,
(Definitions) and 40 CFR 98.7 (What
fuel combustion sources, miscellaneous commercial/retail waste, and
standardized methods are incorporated
use of carbonates and all applicable institutional waste. Household,
by reference into this part?). We are
source categories in Table A3 and commercial/retail, and institutional
adding or changing several definitions
Table A4. However, only the references wastes include yard waste, refuse-
to subpart A, which are needed to
to Table A3 and Table A4 were derived fuel, and motor vehicle
clarify terms used in other subparts of
carried over to 40 CFR 98.3(c), which maintenance materials. Insofar as there
Part 98.
might suggest that facilities did not have We are amending the definitions of is separate collection, processing and
to report emissions from general several terms in 40 CFR 98.6: disposal of industrial source waste
stationary combustion, because Bulk natural gas liquid streams consisting of used oil, wood
combustion is not in Table A3 or Table Distillate fuel oil pallets, construction, renovation, and
A4. We are therefore amending 40 CFR Fossil fuel demolition wastes (which includes, but
98.3(c) to clarify that facilities must also Fuel gas is not limited to, railroad ties and
report emissions from general stationary Municipal solid waste or MSW telephone poles), paper, clean wood,
combustion and miscellaneous use of Natural gas plastics, industrial process or
carbonates. Natural gas liquids, and manufacturing wastes, medical waste,
We are amending 40 CFR 98.3(c)(5)(i) Standard conditions motor vehicle parts or vehicle fluff, or
to clarify that for the purposes of Bulk natural gas liquid. We are used tires that do not contain hazardous
meeting the requirements of this amending the definitions of bulk waste identified or listed under 42
paragraph, suppliers of industrial natural gas liquid or NGL and natural U.S.C. 6921, such wastes are not
fluorinated GHGs only need to calculate gas liquids (NGL) by removing the municipal solid waste. However, such
and report GHG emissions in mtCO2e phrase lease separators and field wastes qualify as municipal solid waste
for those fluorinated GHGs that are facilities for enhanced clarity. We have where they are collected with other
srobinson on DSKHWCL6B1PROD with RULES2

listed in Table A1. Suppliers of retained the words or other methods municipal solid waste or are otherwise
industrial fluorinated GHGs do not need in both definitions because the list of combined with other municipal solid
to calculate and report GHG emissions separation processes in the definitions waste for processing and/or disposal.
in metric tons CO2 equivalents (mtCO2e) (absorption, condensation, adsorption) Natural gas. We are finalizing the
for fluorinated GHGs not listed in Table is not exhaustive, and other separation/ definition of natural gas to remove any
A1. However, it is important to note extraction processes may be employed specifications regarding Btu value or
that suppliers are still required to report at some facilities. We do not wish to methane content. The final definition

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reads, Natural gas means a naturally The definition of wood residuals Mandatory Reporting of Greenhouse
occurring mixture of hydrocarbon and has been finalized similar to the Gases Rule (see EPAHQOAR2008
non-hydrocarbon gases found in proposal, but EPA has also specifically 0508).
geologic formations beneath the earths included trim, sander dust, and sawdust Comment: Several commenters
surface, of which the principal from wood products manufacturing objected to the proposed definition of
constituent is methane. Natural gas may (including resinated wood product municipal solid waste or MSW. One
be field quality or pipeline quality. For residuals) in the final definition. commenter in particular pointed to the
a full explanation of this final change, We are amending 40 CFR 98.7 regulatory history of the definition in 40
please see the Comments and Response (Incorporation by reference) to CFR 60, subpart Ea, indicating that some
discussion under this section of the accommodate changes in the standard of the materials excluded by the
preamble. methods that are allowed by other proposed definition under 40 CFR part
Standard conditions. For consistency subparts of Part 98. The rationale for 98 are often included in MSW.
across the rule, and to reflect typical any additions or deletions of methods in According to the commenter, some of
operating procedures at various types of a particular subpart is discussed in the the exclusions in subpart Ea were added
industries covered by 40 CFR part 98, relevant subpart. to the definition to provide an
we are amending the definition of Major changes since proposal are exemption to certain sources that
standard conditions to mean either 60 or identified in the following list. The combust materials such as used oil or
68 degrees Fahrenheit and 14.7 pounds rationale for these and any other wood pellets separately. By excluding
per square inch absolute. significant changes can be found in this materials often considered to be part of
We are adding definitions of the preamble or the document, Response to MSW, the commenter expressed
following terms to 40 CFR 98.6 to Comments: Revision to Certain concern that the proposed definition of
address the large number of questions Provisions of the Mandatory Reporting MSW in 40 CFR part 98 might force
received requesting clarification on the of Greenhouse Gases Rule (see EPA some municipal waste combustors who
meaning of these terms: HQOAR20080508). considered themselves to be combusting
Agricultural by-products, Not adopting the proposed MSW and would therefore otherwise be
Primary fuel, amendments to 40 CFR 98.3(c)(1) to allowed to use Tier 2, to not meet the
Solid by-products, report a facility or supplier ID number. definition of MSW under 40 CFR part 98
Used oil, and Clarifying the definition of and therefore have to install CEMS and
Wood residuals. municipal solid waste. Clarifying that use the Tier 4 methodology to quantify
We received no comments on the separate collection, processing and CO2 emissions.
definitions of Agricultural by- disposal of industrial source waste Response: EPA proposed to amend
products, Primary fuel, and Solid by- streams consisting of used oil, wood the definition of MSW to provide greater
products. Therefore, these definitions pallets, construction, renovation, and clarity on what is included as MSW.
have been finalized, as proposed. For demolition wastes, clean wood, Several questions were raised during
the purposes of Part 98, Agricultural industrial process or manufacturing implementation of the GHGRP because
by-products includes the parts of crops wastes, medical waste, motor vehicle the definition of MSW in the final Part
that are not ordinarily used for food parts or vehicle fluff, or used tires that 98 rule was too generic and did not
(e.g., corn straw, peanut shells, pomace, do not contain hazardous waste define terms such as house,
etc.). Primary fuel is defined as the identified or listed under 42 U.S.C. commercial/retail, and institutional
fuel that contributes the greatest 6921, are not municipal solid waste. waste. To clarify the definition, EPA
percentage of the annual heat input to However, such wastes qualify as sought to use another EPA definition of
a combustion unit. Solid by-products municipal solid waste where they are the term, and did not intend to push
includes plant matter such as vegetable collected with other municipal solid some municipal waste combustors into
waste, animal materials/wastes, and waste or are otherwise combined with a higher tier. Based on supplementary
other solid biomass, except for wood, other municipal solid waste for information provided by the commenter
wood waste and sulphite lyes (black processing and/or disposal. (please refer to EPAHQOAR2008
liquor). Finalizing the definition of natural 0508), the final definition of MSW
We proposed to add the term waste gas to remove any specifications includes materials that should not have
oil to Table C1 but we received regarding Btu value or methane content. been excluded, and clarifies that when
comment use of the term waste oil Amending the definition of these materials are extracted from MSW
could result in used oil being classified standard conditions to provide two and combusted separately, they are not
as hazardous waste. We have therefore alternatives. classified as MSW.
changed the term to used oil. Used oil Replacing the term waste oil with Comment: Two commenters on the
has been added to Table C1 as a new used oil. definition of Natural gas pointed out
fuel type, and is defined as a petroleum- Amending the definition of wood that not all natural gas (particularly field
derived or synthetically-derived oil residuals to include trim, sander dust gas) can consistently meet the proposed
whose physical properties have changed and sawdust from wood products specifications. The commenters were
as a result of handling or use, such that manufacturing, including resinated concerned that EPAs proposal to
the oil cannot be used for its original wood product residuals. include specifications that natural gas
purpose. Used oil consists primarily of must be composed of at least 70 percent
automotive oils (e.g., used motor oil, 2. Summary of Comments and methane by volume or have a high heat
transmission oil, hydraulic fluids, brake Responses value between 910 and 1,150 Btu per
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fluid, etc.) and industrial oils (e.g., This section contains a brief summary standard cubic foot would be
industrial engine oils, metalworking of major comments and responses. problematic for subpart W, when
oils, process oils, industrial grease, etc). Several comments were received on this finalized, because these ranges could
For a full explanation of this final subpart. Responses to additional exclude field gas.
change, please see the Comments and comments received can be found in the Response: The definition of natural
Response discussion under this section document, Response to Comments: gas in the final rule caused significant
of the preamble. Revision to Certain Provisions of the confusion because it included not only

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naturally occurring mixtures of or not, we have decided to avoid Determining emissions from an
hydrocarbons, but also fuels such as potential complication or confusion and exhaust stream diverted from a CEMS
field gas, process gas and fuel gas. We have replaced the term waste oil with monitored stack.
proposed to change the definition of used oil in the final rule. Biomass combustion in Part 75
natural gas to include specifications Comment: We received two comments units using the CO2 calculation
on the methane content and a range of on the definition of wood residuals. methodologies in 40 CFR 98.33(a)(5).
Btu values that must be achieved before Both commenters requested that the Use of Tier 3.
the gas can be referred to as natural definition explicitly include trim, Tier 4 monitoring threshold for
gas. Clarifying the definition of natural sander dust and sawdust from wood units that combust MSW.
gas is important, particularly given that products manufacturing, including Applicability of Tier 4 to common
it is a fuel in Table C1 and if an owner resinated wood product residuals stack configurations.
or operator burns a fuel outside the because they were concerned that the Starting dates for the use of Tier 4.
range of the specifications, then they proposed definition was too broad and Methane (CH4) and nitrous oxide
could be pushed into Tier 3 if any unit it was not clear if these products were (N2O) calculations.
has a maximum rated heat input included. CO2 emissions from sorbent.
capacity greater than 250 million British Biogenic CO2 emissions from
Response: We agree with the
thermal units per hour (mmBtu/hr). biomass combustion.
commenter. We did not intend to
Based on the comments received we Fuel sampling for coal and fuel oil.
exclude these types of products from the
have decided to finalize the definition Tier 3 sampling frequency for
definition of wood residuals and agree
of natural gas without any specifications gaseous fuels.
that these terms should be included in GHG emissions from blended fuel
regarding minimum or maximum Btu the definition in order to provide
values or a minimum methane content. combustion.
clarity. Use of consensus standard methods.
Although the commenters were
Comment: Several commenters CO2 monitor span values.
concerned specifically about the
expressed concern about EPAs proposal CEMS data validation.
implications of the definition of natural
to add a reporting requirement for Use of American Society of Testing
gas for the oil and gas industry, where
facility ID. Two commenters suggested and Materials (ASTM) Methods D7459
the fuels combusted can often fall
that EPA provide a separate public 08 and D686608.
outside the listed specifications thereby
comment period for including a facility Electronic data reporting and
potentially forcing them into Tier 3,
these concerns did not weigh heavily ID reporting requirement, and in that recordkeeping.
into our determination to remove the proposal, include a specific mechanism Common stack reporting option.
specifications. Rather, we considered for assigning the ID numbers. Common fuel supply pipe reporting
that most facilities subject to subpart C Response: Although we maintain that option.
only typically burn natural gas within assigning a unique ID number to each Table C1 default HHV and CO2
the proposed specifications. For these facility or supplier, for administrative emission factors.
facilities, it was not necessary to list purposes, is important to facilitate Table C2 default CH4 and N2O
specifications, because most would program implementation, we have emission factors.
already fall into the specifications we decided it is not necessary to finalize Definition of the source category. We
had proposed. Further, we were this reporting requirement at this time, are adding new paragraph 40 CFR
concerned that by introducing given the concerns raised by the 98.30(d), clarifying that the GHG
specifications to the definition of commenters. We will consider this issue emissions from a pilot light need not be
natural gas we could inadvertently push further for future rulemakings. Note that included in the emissions totals for the
a small number of owners or operators we are still finalizing the technical facility. A pilot light is a small auxiliary
into Tier 3, if they have been clarification in 40 CFR 98.3(c)(1) that it flame that simply ignites the burner of
combusting a fuel outside that range. is the physical street address of the a combustion process in a boiler,
It is true that facilities in the oil and facility or supplier that must be turbine, or other fuel combustion
gas industry are more likely to combust reported. device, and is not used to produce
gas outside the listed specifications electricity or steam, or provide useful
G. Subpart CGeneral Stationary Fuel
(e.g., field gas). However, facilities in energy to an industrial process, or
Combustion
the oil and gas industry will be subject reduce waste by removing combustible
to the reporting requirements under 1. Summary of Final Amendments and matter.
subpart W beginning with the 2011 Major Changes Since Proposal GHGs to report. We are amending 40
reporting year. The concerns raised by CFR 98.32 to clarify that CO2, CH4, and
Numerous issues have been raised by
the commenters with respect to N2O mass emissions from a stationary
owners and operators in relation to the
calculating combustion-related fuel combustion unit do not need to be
requirements in subpart C for general
emissions from natural gas were reported under subpart C if such an
stationary fuel combustion. The issues
explicitly considered within the context exclusion is indicated elsewhere in
being addressed by the final
of subpart W. subpart C.
amendments include the following:
Comment: One commenter brought to Calculating GHG emissions. We are
Definition of the source category. amending the introductory text of 40
our attention that the term used oil is
more appropriate than waste oil. GHGs to report. CFR 98.33(a) to provide additional
According to the commenter, the term Calculating GHG emissions. detail and clarify who may (or must) use
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waste oil could result in used oil being Natural gas consumption expressed the calculation methods in the
classified as hazardous waste rather in therms. subsequent paragraphs to calculate and
than traditional fuel, and might bring Use of Equation C2b. report GHG emissions. Specifically, we
the Resource Conservation and Categories of gaseous fuels. are amending this text to point out that
Recovery Act program into view. Use of mass-based gas flow meters. certain sources may use the methods in
Response: Without indicating whether Site-specific stack gas moisture 40 CFR part 75 to calculate CO2
we agree with the commenters concern content values. emissions, if they are already using part

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75 to report heat input data year-round to quantify fuel consumption, provided the unit exhaust through a stack that is
under another CAA program. The that they (the reporters) determine the not equipped with a CEMS to measure
introductory text of 40 CFR 98.33(a) is density of the fuel and convert the CO2 emissions (herein referred to as an
also being amended to clarify the measured mass of fuel to units of unmonitored stack). The final
reporting of CO2 emissions from volume (i.e., gallons), for use in amendments require annual emission
biomass combustion when a unit Equation C4. In response to a number testing of a diverted gas stream to be
combusts both biomass and fossil fuels. of requests, we are amending 40 CFR performed at a set point that best
Natural gas consumption expressed in 98.33(a)(3)(iv), to conditionally allow represents normal operation, using EPA
therms. We are amending 40 CFR reporters to use flow meters that Methods 2 and 3A and (if moisture
98.33(a)(1) by adding two new equations measure mass flow rates of gaseous fuels correction is necessary) Method 4. A
to Tier 1. When natural gas for Tier 3 applications, as well as for CO2 mass emission rate is calculated
consumption is expressed in therms, liquid fuels. A reporter wanting to use from the test results. If, over time, flow
Equation C1a enables sources to this option will have to measure the rate of the diverted stream varies little
calculate CO2 mass emissions directly density of the gaseous fuel, either with from the tested flow rate, then the
from the information on the billing a calibrated density meter or by using a annual CO2 mass emissions for the
records, without having to request or consensus standard method or standard diverted stream (which must be added
obtain additional data from the fuel industry practice, in order to convert the to the CO2 mass emissions measured at
suppliers. We are also allowing measured mass of fuel to units of the main stack) are determined simply
Equation C1a to be used for units of standard cubic feet, for use in Equation by multiplying the CO2 mass emission
any size when the fuel usage C5. rate from the emission testing by the
information on natural gas billing Site-specific stack gas moisture number of operating hours in which a
records is expressed in units of therms. content values. We are amending 40 portion of the flue gas was diverted from
A new paragraph, (b)(1)(v), has been CFR 98.33(a)(4)(iii) to allow the use of the main flue gas exhaust system.
added to 40 CFR 98.33 to reflect this. site-specific moisture constants under However, if the flow rate of the diverted
Section 98.36(e)(2)(i) is also amended to the Tier 4 methodology. The site- stream varies significantly over the
allow gaseous fuel consumption to be specific moisture default value(s) must reporting year, the owner or operator
reported in units of therms. represent the fuel(s) or fuel blends that must either perform additional stack
Equation C1b has been added to Tier are combusted in the unit during testing or use the best available
1 to accommodate situations in which normal, stable operation, and must information (e.g., fan settings and
the fuel usage information on gas billing account for any distinct difference(s) in damper positions) and engineering
records is expressed in mmBtu. We are stack gas moisture content associated judgment to estimate the CO2 mass
also adding two new equations to 40 with different process operating emission rate at a minimum of two
CFR 98.33(c), i.e., Equations C8a and conditions. Generally, for each site- additional set points, to represent the
C8b, for calculating CH4 and N2O specific default moisture percentage, at variation across the normal operating
emissions when the fuel usage least nine runs are required using EPA range. Then, the most appropriate CO2
information on natural gas billing Method 4Determination of Moisture mass emission rate must be applied to
records is in units of therms or mmBtu. Content In Stack Gases (40 CFR part 60, each hour in which a portion of flue gas
Use of Equation C2b. We are appendix A3). Each site-specific is diverted from the main exhaust
amending 40 CFR 98.33(a)(2)(ii), to default moisture value would be system. The procedures used to
require calculation of a weighted HHV, calculated by taking the arithmetic determine the annual CO2 mass
using Equation C2b, only for average of the Method 4 runs. Moisture emissions for the diverted stream must
individual Tier 2 units with a maximum data from the relative accuracy test be documented in the GHG monitoring
rated heat input capacity greater than or audit (RATA) of a CEMS could be used plan.
equal to 100 mmBtu/hr, and for groups for this purpose. The final rule does Biomass combustion in Part 75 units
of units that contain at least one unit of allow the site-specific moisture default using the CO2 calculation
that size. For Tier 2 units smaller than values to be based on fewer than nine methodologies in 40 CFR 98.33(a)(5).
100 mmBtu/hr and for aggregated Method 4 runs in cases where moisture We are amending 40 CFR
groups of Tier 2 units under 40 CFR data from the RATA of a CEMS are used 98.33(a)(5)(iii)(D) to redesignate it as 40
98.36(c)(1) in which all units in the to derive the default value and the CFR 98.33(a)(5)(iv). This is to correct a
group are smaller than 100 mmBtu/hr, applicable regulation allows a single paragraph numbering error in subpart C,
we are allowing reporters to use either moisture run to represent two or more because this paragraph applies to all of
an annual arithmetic average HHV or an RATA runs. 40 CFR 98.33(a)(5) and not just to 40
annual fuel-weighted average HHV in Each site-specific moisture default CFR 98.33(a)(5)(iii).
Equation C2a. value must be updated at least annually We had proposed to amend 40 CFR
Categories of gaseous fuels. We have and whenever the reporter determines 98.3(c) in subpart A and 40 CFR
revised 40 CFR 98.34(a)(2)(iii) by the current value is non-representative 98.33(a)(5) to clarify that the separate
replacing the term fossil fuel-derived due to changes in unit or process reporting of biogenic CO2 is optional for
gaseous fuels with a more inclusive operation. The updated moisture value units that are not subject to the Acid
term, i.e., gaseous fuels other than must be used in the subsequent CO2 Rain Program, but are using 40 CFR part
natural gas. Corresponding changes to emissions calculations. 75 methodologies to calculate CO2 mass
Table C1 were also made for Determining emissions from an emissions, as described in 40 CFR
consistency, placing blast furnace gas, exhaust stream diverted from a CEMS 98.33(a)(5)(i) through (a)(5)(iii). After
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coke oven gas, fuel gas, and propane in monitored stack. We are finalizing considering the comments received on
a new category, Other fuels (gaseous). amendments to 40 CFR 98.33(a)(4) by this proposal and other information (see
Use of mass-based gas flow meters. adding a new paragraph, (a)(4)(viii), to EPAHQOAR20080508), however,
The Tier 3 CO2 emissions calculation address the determination of CO2 mass we are finalizing language which makes
methodology in 40 CFR 98.33(a)(3) emissions from a unit subject to the Tier it clear that reporting of biogenic CO2
allows reporters to use flow meters that 4 calculation methodology when a emissions from these units is optional
measure mass flow rates of liquid fuels portion of the flue gases generated by for reporting year 2010, and mandatory

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79108 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

thereafter. Please see the discussion in requirements of 40 CFR 98.33 Tier 4 as of the date on which all
Section II.C of this preamble regarding (b)(4)(ii)(D) through (b)(4)(ii)(F). required certification tests are passed.
separate reporting of biogenic emissions Tier 4 also applies when all of the Data recorded during the certification
for units subject to 40 CFR part 75. combustion units in the configuration test period for a CEMS can also be used
Use of Tier 3. We are amending 40 are small (not greater than 250 mmBtu/ for Part 98 reporting, provided that: All
CFR 98.33(b)(3)(iii) to clarify that the hr or 600 tons/day of MSW), if at least required certification tests are passed in
paragraph applies also to common pipe one of the units meets the conditions of sequence, with no test failures; and no
configurations where at least one unit 40 CFR 98.33(b)(4)(iii). unscheduled maintenance or repair of
served by the common pipe has a heat The second configuration is one in the CEMS is required during the test
input capacity greater than 250 mmBtu/ which the combined effluent gas period.
hr. streams from a stationary combustion We are also amending 40 CFR
We are also adding a new paragraph, unit and a process or manufacturing 98.33(b)(5) by adding a new paragraph,
(b)(3)(iv), to 40 CFR 98.33, requiring unit are vented through a common stack (b)(5)(iii), to address situations where
Tier 3 to be used when specified in or duct. Many subparts of Part 98 the owner or operator of an affected unit
another subpart of Part 98, regardless of describe this situation (see subparts F, that has been using Tier 1, 2, or 3 to
unit size. For example, subpart Y G, K, Q, Z, BB, EE, and GG). In this case, calculate CO2 mass emissions makes a
requires certain units that combust fuel the use of Tier 4 is required if the change that triggers Tier 4 applicability
gas to use Equation C5 in subpart C stationary combustion unit and the by changing: The primary fuel, the
(which is the Tier 3 equation for gaseous monitors installed at the common stack manner of unit operation, or the
fuel combustion) to calculate CO2 mass or duct meet the applicability criteria of installed continuous monitoring
emissions, without regard to unit size. 40 CFR 98.33(b)(4)(ii) or 98.33(b)(4)(iii). equipment. In such cases, the owner or
Tier 4 monitoring threshold for units If multiple stationary combustion units operator will be required to begin using
and a process unit (or units) are vented Tier 4 no later than 180 days from the
that combust MSW. We are amending 40
through a common stack or duct, Tier 4 date on which the change is
CFR 98.33(b)(4)(ii)(A) to change the Tier
is required if at least one of the implemented. This allows adequate
4 monitoring threshold from 250 tons
combustion units and the monitors time for the owner or operator to obtain
MSW per day to 600 tons MSW per day,
installed at the common stack or duct and/or certify any of the required Tier
based on analysis that this value is
meet the conditions of 40 CFR 4 continuous monitors.
approximately equivalent to the 250
98.33(b)(4)(ii) or 98.33(b)(4)(iii). Methane and nitrous oxide
mmBtu/hr Tier 4 heat input threshold The third configuration is one in calculations. Todays amendments
for other large stationary combustion which the combined effluent streams remove the term normal operation
units. Units less than 600 tons MSW per from two or more process or from 40 CFR 98.33(c)(4)(i) and (c)(4)(ii).
day that do not meet the requirements manufacturing units are vented through Therefore, calculation of CH4 and N2O
in 40 CFR 98.33(b)(4)(iii) are allowed to a common stack or duct. In this case, if emissions is simply required for each
use Tier 2 to calculate CO2 mass any of these units is required to use Tier Table C2 fuel combusted in the unit
emissions (specifically, Equation C2c). 4 under an applicable subpart of Part 98, during the reporting year.
Applicability of Tier 4 to common the owner or operator can either We are also further amending 40 CFR
stack configurations. We are amending monitor the CO2 mass emissions at the 98.33(c)(4)(ii), to allow additional
40 CFR 98.33(b)(4) by adding provisions Tier 4 unit(s) before the effluent streams reporting flexibility for certain units that
to clarify how the Tier 4 criteria apply are combined together, or monitor the combust more than one type of fuel;
to common stack configurations. combined CO2 mass emissions from all specifically, for units that report heat
Paragraph (b)(4)(i) is expanded to units at the common stack or duct. input data to EPA year-round using part
include monitored common stack However, if it is not feasible to monitor 75 CEMS. Under the final amendments
configurations that consist of stationary the individual units, the combined CO2 to 40 CFR 98.33(c)(4)(ii), 40 CFR part 75
combustion units, process units, or both mass emissions will have to be units that use the worst-case F-factor
types of units. A new paragraph, monitored at the common stack or duct, reporting option can attribute 100
(b)(4)(iv) is also added describing the using Tier 4. percent of the units annual heat input
following three distinct common stack Starting dates for the use of Tier 4. In to the fuel with the highest F-factor, as
configurations to which Tier 4 might the October 30, 2009 final rule, 40 CFR though it were the only fuel combusted
apply. 98.33(b)(5) of subpart C states that units during the report year.
The first, most basic configuration is that are required to use the Tier 4 For Tier 4 units, the requirement to
one in which the combined effluent gas methodology must begin using it on use the best available information to
streams from two or more stationary fuel January 1, 2010 if all required CEMS are determine the annual heat input from
combustion units are vented through a in place. Otherwise, use of Tier 4 begins each type of fuel is being retained in 40
monitored common stack (or duct). In on January 1, 2011, and Tier 2 or Tier CFR 98.33(c)(4)(i), but we are also now
this case, Tier 4 applies if the following 3 may be used to report CO2 mass allowing it under 40 CFR
conditions are met: emissions in 2010. We are amending 40 98.33(c)(4)(ii)(D) as an alternative for
There is at least one large unit in CFR 98.33(b)(5) to clarify that sources part 75 units, in cases where fuel-
the configuration that has a maximum can begin monitoring CO2 emissions specific heat input values cannot be
rated heat input capacity greater than data prior to January 1, 2011 from CEMS determined solely from the part 75
250 mmBtu/hr or an input capacity that successfully complete certification electronic data reports.
greater than 600 tons/day of MSW (as testing in 2010. Note that changes in Carbon dioxide emissions from
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applicable). methodology during a reporting year are sorbent. We are amending 40 CFR
At least one large combustion unit allowed by Part 98, and must be 98.33(d) to make it more generally
in the configuration meets the documented in the annual GHG applicable to different types of CO2-
conditions of 40 CFR 98.33(b)(4)(ii)(A) emissions report (see 40 CFR 98.3(c)(6)). producing sorbents. The term R is
through (b)(4)(ii)(C). This revision will allow sources to redefined as the number of moles of CO2
The CEMS installed at the common discontinue using Tier 2 or 3 and begin released upon capture of one mole of
stack (or duct) meets all of the reporting their 2010 emissions under acid gas. When the sorbent is CaCO3, the

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79109

value of R is 1.00. For other CO2- 98 combust tires as the primary fuel or an appropriate default factor that
producing sorbents, a specific value of as a secondary fuel. Therefore, we are represents the biomass fraction of the
R is determined by the reporting facility considering whether these units should fuel, to obtain an estimate of the annual
from the chemical formula of the be required to account for their biogenic biogenic CO2 emissions. Based on
sorbent and the chemical reaction with CO2 emissions. However, before making additional background research
the acid gas species that is being this mandatory we intend to open it to conducted, we have concluded that
removed. notice and comment in a future reasonable default factors are 0.20 for
Biogenic CO2 emissions from biomass rulemaking. tires and 0.60 for MSW (please refer to
combustion. We are amending 40 CFR 98.33(e)(1) the Background Technical Support
The title and introductory text of 40 by removing the restriction against DocumentRevision of Certain
CFR 98.33(e) are being amended to more using Tier 1 to calculate biogenic CO2 Provisions).
precisely define the requirements for emissions on units that use CEMS to We are also amending 40 CFR 98.33(e)
reporting biogenic CO2 emissions. In measure the total CO2 mass emissions. to delete and reserve 40 CFR 98.33(e)(4)
general, biogenic CO2 emissions However, the use of Tier 1 is not and the related subparagraphs.
reporting is required only for the allowed for calculating biogenic CO2 Although 40 CFR 98.33(e)(4) allowed
combustion of the biomass fuels listed emissions for combustion of MSW, as the ASTM methods to be used to
in Table C1 and for municipal solid originally specified in 40 CFR determine biogenic CO2 emissions for
waste (which consists partly of biomass 98.33(e)(1) of subpart C, and is also not various combinations of biogenic and
and partly of fossil fuel derivatives). allowed for the combustion of tires, if fossil fuels, we are deleting and
We are also amending 40 CFR 98.33(e) biogenic CO2 emissions are calculated reserving that paragraph because the
to describe three cases in which for tires. paragraph also included an unnecessary
reporters may not need to report We are amending the methodology in restriction, i.e., it only applied to units
biogenic CO2 emissions separate from 40 CFR 98.33(e)(2), which is specifically that use CEMS to measure total CO2
total CO2 emissions, for units that for units using a CEMS to measure CO2 mass emissions. The amendments to 40
combust biomass: mass emissions, by limiting it to cases CFR 98.33(e)(3) described above will
1. If a biomass fuel is not listed in where the CO2 emissions measured by
achieve the same intended purpose as
Table C1 and is combusted in a unit the CEMS are solely from combustion,
paragraph (e)(4), without imposing this
that is not required to use Tier 4, a i.e., the stack gas contains no additional
restriction, so paragraph (e)(4) is no
reporter is not required to separately process CO2 or CO2 from sorbent; and
longer needed.
report the biogenic CO2 emissions from prohibiting its use if the unit combusts
MSW or tires. We are amending 40 CFR 98.33(e)(5)
combustion of that fuel unless: so that it also applies to units that are
For sources that combust MSW, we
The fuel is combusted in a large unit are amending 40 CFR 98.33(e)(3) to using Tier 2 (Equation C2a), as well as
(greater than 250 mmBtu/hr heat require, except as provided below, the Tier 1 (Equation C1), for calculating
input capacity). quarterly use of ASTM methods D7459 biogenic CO2 mass emissions. The
The biomass fuel accounts for 10 08 and D686608, as described in 40 approach in 40 CFR 98.33(e)(5) for
percent or more of the annual heat CFR 98.34(d), when any MSW is estimating solid biomass fuel
input to the unit. combusted either as the primary fuel or consumption is equally applicable to
In that case, according to 40 CFR as the only fuel with a biogenic units using those two equations to
98.33(b)(3)(iii), Tier 3 must be used to component. We are also amending 40 calculate biogenic CO2 emissions.
determine the carbon content of the CFR 98.33(e)(3) to allow the ASTM Equation C2a applies when HHV data
biomass fuel and to calculate the methods to be used, as described in 40 for a biomass fuel are available at the
biogenic CO2 emissions. CFR 98.34(e), for any unit in which minimum frequency specified in 40 CFR
2. If a unit is subject to subpart C or biogenic (or partly biogenic) fuels, and 98.34(a)(2).
D and uses the CO2 mass emissions non-biogenic fuels are combusted, in Finally, one commenter asked EPA to
calculation methodologies in 40 CFR any proportions. allow Part 75 units to calculate biogenic
part 75 to satisfy the Part 98 reporting In response to comments, we have CO2 emissions using the same general
requirements, the reporter has the added an alternative calculation approach that is used in 40 CFR
option to report biogenic CO2 emissions methodology for biogenic CO2 emissions 98.33(c)(4)(ii) for the CH4 and N2O
for the 2010 reporting year, but is from the combustion of MSW and/or emissions calculations. This requires a
required to report them thereafter. tires, which may be used when the total heat input-based equation similar to
3. For the combustion of tires, which contribution of these fuels to the units Equation C10 to be added to the rule.
are also partly biogenic (typically about heat input is 10 percent or less. If a unit We find this request to be reasonable
20 percent biomass, for car and truck combusts both MSW and tires and the and have added a new paragraph, (e)(6),
tires), the reporter has the option, but reporter exercises the option not to to 40 CFR 98.33(e). Paragraph (e)(6)
not the requirement, to separately report separately report biogenic CO2 provides the required equation, i.e.,
the biogenic CO2 emissions, by emissions from the tires, the alternative Equation C15a. In cases where (HI)A,
following the applicable provisions in calculation methodology may still be the fraction of unit heat input from
40 CFR 98.33(e). used for the MSW, provided that the combustion of the biomass fuel, cannot
No comments were received on the contribution of MSW to the units total be determined from the information in
proposal to make biogenic CO2 heat input does not exceed 10 percent. Part 75 electronic data reports (e.g., for
emissions reporting optional for the The methodology may also be used for units that measure the total CO2
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combustion of tires, and the proposal small, batch incinerators that burn no emissions with CEMS, if the worst-
has been finalized without modification. more than 1,000 tons of MSW per year. case F-factor option is used, or if
However, tire-derived fuel has a Units that qualify for and elect to use biomass and fossil fuels with identical
biomass component, and perhaps it the alternative methodology will use F-factors are combusted), facilities must
should be treated in the same manner as Tier 1 to calculate the total annual CO2 use the best available information (as
MSW, which is also partly biogenic. A emissions from the combustion of the described in 40 CFR 98.33(c)(4)(ii)(C)
number of units that are subject to Part MSW or tires, and multiply the result by and (c)(4)(ii)(D)) to determine (HI)A.

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79110 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

Fuel sampling for coal and fuel oil. from that tank is combusted in the In cases where a fuel blend consists
We are amending 40 CFR 98.34(a)(2), to unit(s). of a mixture of fuel(s) listed in Table C
clarify the frequency at which the HHV Tier 3 sampling frequency for gaseous 1 and fuel(s) not listed in Table C1,
needs to be determined for different fuels. calculation of CO2 and other GHG
types of fuels. We are amending 40 CFR emissions from combustion of the blend
First, we are amending 40 CFR 98.34(b)(3)(ii)(E) to clarify that daily is required only for the Table C1
98.34(a)(2)(ii) to expand the list of fuels sampling of gaseous fuels other than fuel(s), using the best available estimate
for which sampling of each fuel lot is natural gas and biogas for carbon of the mass or volume percentage(s) of
sufficient to include other solid or content and molecular weight is only the Table C1 fuel(s) in the blend. In
liquid fuels that are delivered in lots. required where continuous, on-line these cases, the use of Tier 1 is required,
Second, we are amending the equipment is in place; weekly sampling with modifications to certain terms in
definition of the term fuel lot in 40 is required in all other cases. Equations C17 and C1, to account for
CFR 98.34(a)(2)(ii), as it pertains to GHG emissions from blended fuel the fact that the blend is not composed
facilities that receive multiple deliveries combustion. One of the most frequently entirely of Table C1 fuels. An example
of a particular type of fuel from the asked questions by the regulated calculation is provided in 40 CFR
same supply source each month, either community since publication of the 98.34(a)(3)(iv).
by truck, rail, or pipeline. The October 30, 2009 final Part 98 is, How For larger combustion units (heat
amendment clarifies that a fuel lot input capacity greater than 250 mmBtu/
does one calculate CO2 mass emissions
consists of all of the deliveries of that hr) that do not qualify to use Tier 1 or
from the combustion of blended fuels?
fuel for a given calendar month. Thus, 2, the owner or operator must use Tier
Subpart C provided only limited
for these facilities, the required HHV 3 to calculate the CO2 mass emissions
guidance on this issue. We are now
sampling has to be no more frequent from combustion of a blended fuel. The
finalizing amendments to 40 CFR
than once per month. We did receive mathematics for Tier 3 are simpler than
98.34(a)(3), (b)(1)(vi), and (b)(3)(v) to
requests to clarify the meaning of the for Tiers 1 and 2, since no default values
clarify reporting requirements for
terms type of fuel and supply source, are used in the calculations, and an
calculating emissions from blended
pertaining to the proposal to require estimate of the percentage composition
fuels. The amendments make a clear
only one monthly sample to represent of the blend is not required. To apply
multiple fuel deliveries. The final rule distinction between cases where the
Tier 3, the only requirements are to
clarifies that for coal, the type of fuel mass or volume of each fuel in the blend
accurately measure the annual
refers to the coal rank (i.e., anthracite, is accurately measured prior to mixing
consumption of the blended fuel and to
bituminous, sub-bituminous, or lignite). (e.g., using individual flow meters for
determine its carbon content and (if
For fuel oil, the type of fuel refers to the each component) and cases where the
necessary) molecular weight, at a
grade number or classification of the oil exact composition of the blend is not
prescribed frequency. By considering
(e.g., No. 2 oil, No. 6 oil, jet-A fuel, etc.). known. In the former case, the fact that
the blended fuel to be a distinct fuel
The term supply source is not so the fuels are blended is of no type, in cases where that fuel is not
easily defined. For the reasons set forth consequence; because the exact quantity listed in Table C1, GHG emissions
in the Response to Comments (Section of each fuel in the blend is known, the reporting is required in accordance with
II.G.2 of this preamble), we have chosen CO2 emissions from combustion of each 40 CFR 98.33(b)(3)(iii), if the blended
not to include a definition of supply component must be calculated fuel (as opposed to each individual
source in the final rule. separately. In the latter case, the blend component of the blend) provides at
Third, we are adding parallel is considered to be a distinct fuel type, least 10 percent of the annual heat input
language to 40 CFR 98.34(b)(3)(ii), the and the reporter must measure its mass to a unit or group of units, and if the use
Tier 3 fuel sampling provisions for coal or volume and essential properties (e.g., of Tier 4 is not required.
and fuel oil, for consistency with the HHV, carbon content, etc.) at a To address the calculation of CH4 and
revisions to 40 CFR 98.34(a)(2)(ii). prescribed frequency. N2O mass emissions from the
Finally, we are amending 40 CFR When the mass or volume of each combustion of blended fuels, we are
98.34(a)(2)(ii) and 40 CFR 98.34(b)(3)(ii) individual component of a blend is not adding a new paragraph, (c)(6), to 40
to allow manual oil samples to be taken precisely known prior to mixing, the CFR 98.33. Calculation of CH4 and N2O
after each addition of oil to the storage appropriate method used to calculate emissions is required only for
tank. Daily manual sampling, flow- the CO2 mass emissions from components of a blend that are listed in
proportional sampling, and continuous combustion of the blend is as follows. Table C2 of subpart C.
drip sampling are also allowed. The For smaller combustion units (heat If the mass or volume of each
final rule requires at least one sample to input capacity not more than 250 component of a blend is measured
be obtained from each storage tank that mmBtu/hr), Tier 2 (or possibly Tier 1) before the fuels are mixed and
is currently in service, and whenever oil can be used when all components of the combusted, the existing CH4 and N2O
is added, for as long as the tank remains blend are listed in Table C1 of subpart mass emissions calculation procedures
in service. If multiple additions (e.g., C. In order to perform these CO2 in 40 CFR 98.33(c)(1) through (5) must
from multiple deliveries) are made on a emissions calculations for the blend, a be followed for each component
given day, taking one sample after the reasonable estimate of the percentage separately. The fact that the fuels are
final addition is sufficient. No sampling composition of the blend would be mixed prior to combustion is of no
is required for addition of fuel to a tank required, using the best available consequence in this case.
that is out of service. Rather, a sample information (e.g., from the typical or If the mass or volume of each
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must be taken when the tank is brought expected range of values of each individual component is not measured
into service and whenever oil is added component). A heat-weighted CO2 prior to mixing, a reasonable estimate of
to the tank, for as long as the tank emission factor must be calculated, the percentage composition of the blend
remains in service. If the daily manual using new Equation C16. For Tier 1 is required, based on the best available
sampling option is implemented, applications, a heat-weighted default information, and the procedures in 40
sampling from a particular tank is HHV must be determined, using new CFR 98.33(c)(6)(ii) will be followed.
required only on those days when oil Equation C17. First, the annual consumption of each

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component fuel in the blend is checks the response of the CO2 analyzer We are amending 40 CFR 98.34(e) to
calculated by multiplying the total at two calibration gas concentrations, remove the restriction limiting the use
quantity of the blend combusted during i.e., one between 5 and 8 percent CO2 of ASTM Methods D745908 and
the reporting year by the estimated mass and one between 10 and 14 percent CO2. D686608 to units with CEMS. Rather,
or volume percentage of that These CO2 concentration levels are any unit that combusts combinations of
component. Next, the annual heat input appropriate for most stationary fossil and biogenic fuels (or partly
from the combustion of each component combustion applications. However, biogenic fuels, such as tires), in any
is calculated by multiplying its annual when CO2 emissions from an industrial proportions, is allowed to determine
consumption by the appropriate HHV process (e.g., cement manufacturing) are biogenic CO2 emissions using the ASTM
(either the default HHV from Table C combined with combustion CO2 methods on a quarterly basis. At least 24
1 or, if available, the measured annual emissions, the resultant CO2 cumulative hours of sampling per
average value). The annual CH4 and N2O concentration in the stack gas can be quarter are required, except as provided
mass emissions for each component substantially higher than for the immediately below.
must then be calculated using the combustion emissions alone. In such We are adding an option to 40 CFR
applicable equation in 40 CFR 98.33(c), cases, a span value of 30 percent CO2 (or 98.34(d) and (e), allowing sources to
i.e., Equation C8, C9a, or C10. higher) may be required. demonstrate that 8 hours of sampling
Finally, the calculated CH4 and N2O When the CO2 span exceeds 20 per quarter is sufficient. The
emissions are summed across all percent CO2, the CGA concentrations demonstration requires a minimum of
components, and these sums are specified in Part 60 only evaluate the two 8-hour tests and one 24-hour test,
reported as the annual CH4 and N2O lower portion of the measurement scale performed under normal, stable
mass emissions for the blend. and are no longer representative. operating conditions. The
Use of consensus standard methods. Therefore, we are amending 40 CFR demonstration tests must be distinct,
We are amending 40 CFR 98.33(a)(3)(iv) 98.34(c) by adding a new paragraph i.e., no overlapping of the 8-hour and
and (a)(3)(v) to remove reference to (c)(6), which allows the CGA of a CO2 24-hour test periods is permitted. If the
specific standard methods and allow the monitor to be performed using average biogenic fraction obtained from
use of standards from consensus-based calibration gas concentrations of 40 to the 8-hour tests is within 5 percent of
organizations or industry standard 60 percent of span and 80 to 100 percent the results from the 24-hour test, then,
practice. We are amending 40 CFR 98.34 of span, when the CO2 span value is set in subsequent quarters, the Method
to remove the specific ASTM and GPA higher than 20 percent CO2. D745908 sampling time may be
method list for fuel sampling and CEMS data validation. In subpart C, reduced to 8 hours. The results of the
analysis in 40 CFR 98.34(a)(6), to 40 CFR 98.34(c) provides the monitoring demonstration must be documented in
remove the list of American Gas and QA requirements for Tier 4. the monitoring plan.
Association (AGA) and American However, no criteria for hourly CEMS We are also amending 40 CFR
Society of Mechanical Engineers data validation were specified in the 98.34(d) by adding an alternative to
(ASME) methods for fuel meter final rule. We are adding a new allow the owner or operator to collect an
calibration in 40 CFR 98.34(b)(4), and to paragraph, (c)(7), to 40 CFR 98.34, integrated sample by extracting a small
delete the list of ASTM methods to which requires hourly CEMS data amount of flue gas (1 to 5 cubic
determine carbon content and molecular validation to be consistent with the centimeters (cc)) during every unit
weight in 40 CFR 98.34(b)(5). We are sections of 40 CFR part 60 or part 75 operating hour in the quarter, in order
also redesignating 40 CFR 98.34(b)(5) as cited in the preceding paragraph of this to obtain a more representative sample
40 CFR 98.34(b)(4), and amending preamble. Alternatively, the hourly data for analysis.
newly designated 40 CFR 98.34(b)(4). validation procedures in an applicable Procedures for estimating missing
Finally, we are amending 40 CFR State CEM program can be followed. data. We are amending 40 CFR 98.35(a)
98.34(b)(1)(A) to remove the cross- Use of ASTM Methods D745908 and to clarify that the missing data
reference to the fuel flow meter test D686608. Sections 98.34(d) and (e) of procedures in 40 CFR part 75 are only
methods listed in 40 CFR 98.34(b)(4). subpart C, respectively, outline to be followed by units that are in the
These amendments allow the owner or procedures for quantifying biogenic CO2 Acid Rain Program and those that
operator to use manufacturers emissions for units that combust MSW monitor and report emissions and heat
procedures, appropriate methods and other units that combust input data year round. Units that only
published by consensus-based standards combinations of fossil fuels and monitor and report during the ozone
organizations such as ASTM, ASME, biomass. Flue gas samples are taken season must follow the missing data
American Petroleum Institute (API), quarterly using ASTM Method D7459 procedures in 40 CFR 98.35(b).
AGA, ISO, etc.; or use industry-accepted 08 and analyzed using ASTM Method Electronic data reporting and
practice. The methods used must be D686608. We are amending 40 CFR recordkeeping. We are amending the
documented in the monitoring plan 98.34(d) and (e), as discussed in the data element lists in 40 CFR 98.36 by
under 40 CFR 98.3(g)(5). following paragraphs. adding a number of essential data
CO2 monitor span values. The Tier 4 The amendments to 40 CFR 98.34(d) elements and eliminating or modifying
calculation method in 40 CFR require the ASTM methods to be used others. The most significant revisions to
98.33(a)(4) requires a CO2 concentration when MSW is combusted in a unit, the data element lists are summarized in
monitor and a stack gas flow rate either as the primary fuel, or as the only the following paragraphs. We are also
monitor to measure CO2 mass fuel with a biogenic component, unless adding an alternative reporting option to
emissions. The CO2 monitor must be the unit qualifies for the alternative Tier 40 CFR 98.36(c) to reduce the reporting
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certified and quality-assured according 1 calculation methodology described burden for certain facilities.
to one of the following: 40 CFR part 60, above, under Biogenic CO2 emissions We are adding the reporting of
40 CFR part 75, or an applicable State from biomass combustion. Quarterly methodology start and end dates in
CEM program. When the part 60 option sampling with ASTM Method D745908 several places throughout 40 CFR
is selected, one of the required quality is required for a minimum of 24 98.36(b), (c), and (d).
assurance (QA) tests of the CO2 monitor cumulative hours of sampling per We are amending the data element
is a cylinder gas audit (CGA). The CGA quarter, except as provided below. lists in 40 CFR 98.36 to be consistent

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with respect to reporting of emissions reported instead of reporting the annual combined CO2 mass emissions at the
by fuel type and reporting of biogenic CO2 mass emissions from fossil fuel common stack or duct, in lieu of
CO2 emissions. Specifically, for clarity combustion. monitoring each unit individually.
and consistency with the changes to 40 We are adding a new alternative However, 40 CFR 98.36(c)(2) does not
CFR 98.3(c), we have modified the reporting option, under 40 CFR address circumstances where at least
amendments to 40 CFR 98.36(d)(1)(ii), 98.36(c)(4). This new option applies to one of the units sharing the common
(d)(1)(ix), (d)(2)(ii)(I), and (d)(2)(iii)(I) specific situations where a common stack is not a subpart C stationary fuel
from the proposal. These sections state liquid or gaseous fuel supply is shared combustion unit, but is subject to
that for units subject to 40 CFR part 75, between large combustion units such as another subpart of 40 CFR part 98. In
reporting of biogenic CO2 emissions is boilers or combustion turbines view of this, we are amending 40 CFR
optional only for the 2010 reporting (including Acid Rain Program units and 98.36(c)(2) by extending the
year. Reporting of these emissions other combustion units that use the applicability of the common stack
becomes mandatory starting with the methods in 40 CFR part 75 to calculate monitoring and reporting option to
2011 reporting year. CO2 mass emissions), and small situations where off-gases from multiple
We are removing 40 CFR 98.36(b)(10) combustion sources such as space process units or mixtures of combustion
to remove the requirement to report the heaters, hot water heaters, etc. In such products and process off-gases are
customer meter number for units that cases, a source can simplify reporting by combined together and vented through
combust natural gas. attributing all of the GHG emissions a common stack or duct.
We are finalizing requirements in 40 from combustion of the shared fuel to The amendments to 40 CFR
CFR 98.36(c)(1)(ii) that only the the large combustion unit(s), provided 98.36(c)(2) apply not only to ordinary
maximum rated heat input capacity of that: common stack or duct situations where
the largest unit in a group must be The total quantity of the shared fuel the gas streams from multiple units are
reported. We are also finalizing supply that is combusted during the combined together, but also apply when
requirements for 98.36(c)(3) in a similar report year is measured, either at the combustion and/or process off-gas
manner, for groups of units served by a gate to the facility or at a point inside streams from a single unit (e.g., from a
common pipe. the facility, using a fuel flow meter, a kiln, furnace, petrochemical process
We are amending 40 CFR 98.36 to billing meter or tank drop unit, or smelter) are routed to a stack.
remove the requirement to report the measurements; and To accommodate this variation on the
combined annual GHG emissions from On an annual basis, at least 95 concept of a common stack, 40 CFR
fossil fuel combustion in metric tons of percent of the shared fuel supply (by 98.36(c)(2)(ii) is amended to require
CO2e (i.e., the sum of the CO2, CH4, and mass or volume) is burned in the large sources to report 1 as the Number of
N2O emissions) by removing 40 CFR combustion unit(s) and the remainder of units sharing the common stack or duct
98.36(b)(9), (c)(1)(ix), (c)(2)(viii), and the fuel is fed to the small combustion where combustion and/or process
(c)(3)(viii). These data elements were sources. emissions from a single unit are vented
duplicative of requirements in subpart Company records can be used to through the same stack or duct.
A. determine the percentage distribution of Finally, since the concept of
We are amending 40 CFR 98.36(b), (c), the shared fuel to the large and small maximum rated heat input capacity may
and (d) to require reporting the fuel- units. Facilities using this reporting not be applicable to certain types of
specific annual heat input estimates, for option are required to document in their process or manufacturing units, we are
the purpose of verifying the reported monitoring plan which units share the amending 40 CFR 98.36(c)(2)(iii), to
CH4 and N2O emissions. Also, we are common fuel supply and the method require that the combined maximum
amending 40 CFR 98.36(e)(2)(iv) to used to determine that the reporting rated heat input capacity of the units
require reporting of the annual average option applies. For the small sharing the common stack or duct only
HHV when measured HHV data are combustion sources, a description of the be reported when all of the units sharing
used to calculate CH4 and N2O type(s) and approximate number of the common stack or duct are stationary
emissions for a Tier 3 unit, in lieu of units involved is sufficient. fuel combustion units.
using a default HHV from Table C1. Finally, we are amending 40 CFR Common fuel supply pipe reporting
We are amending 40 CFR 98.36(b) and 98.36(e)(2)(iii) to simplify the option. Section 98.36(c)(3) of subpart C
(d) to make the data elements reported recordkeeping requirements in cases allows units that are served by a
under Tiers 1 through 4 consistent for where the results of fuel analyses for common fuel supply pipe to report the
the reporting of biogenic CO2 emissions HHV are provided by the fuel supplier. combined CO2 emissions from all of the
and CO2 from fossil fuel combustion. Parallel language is added in a new units in lieu of reporting CO2 emissions
Also, as previously noted in Section II.C paragraph, 40 CFR 98.36(e)(2)(v)(E), for separately from each unit. To use this
of this preamble, the amendments to 40 the results of carbon content and reporting option, the total amount of
CFR 98.36(d) state that reporting of molecular weight analyses received fuel combusted in the units must be
biogenic CO2 emissions is optional only from the fuel supplier. In both cases, the accurately measured with a flow meter
for the 2010 reporting year for units owner or operator is required to keep calibrated according to the requirements
using the CO2 mass emissions records of only the dates on which the in 40 CFR 98.34. Section 98.36(c)(3) also
calculation methods in 40 CFR part 75. fuel sampling results are received, states that the applicable tier to use for
For units that use the Tier 4 rather than keeping records of the dates this reporting option is based on the
methodology to calculate CO2 mass on which the suppliers fuel samples maximum rated heat input of the largest
emissions, we are amending 40 CFR were taken (which may not be readily unit in the group.
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98.36(b)(7)(i) and (b)(7)(ii) (redesignated available). We are amending 40 CFR 98.36(c)(3)


as 40 CFR 98.36(b)(9)(i) and (b)(9)(ii), Common stack reporting option. as follows. First, the erroneous citation
respectively) and 40 CFR 98.36(c)(2)(vi) Section 98.36(c)(2) of subpart C allows of 98.34(a) is corrected to read
(redesignated as 40 CFR 98.36 subpart C stationary fuel combustion 98.34(b). Second, we are amending
(c)(2)(viii)). The amendments to these units that share a common stack or duct the requirement in 40 CFR 98.36(c)(3) to
sections require the annual non- to use the Tier 4 Calculation calibrate the fuel flow meter to the
biogenic CO2 mass emissions to be Methodology to monitor and report the accuracy required by 40 CFR 98.34(b)

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(which cross-references the accuracy (e.g., Acid Rain Program units). Remove the qualifier of 100 percent
specifications in 40 CFR 98.3(i)), so that Provided that the GHG emissions from for ethanol and biodiesel.
this calibration requirement applies the flare and/or other combustion Added a default CO2 emission
only when Tier 3 is the required tier for unit(s) are properly accounted for factor and a default high heat value for
calculating CO2 mass emissions. This is according to the applicable subpart(s) of petroleum-derived ethanol. These are
consistent with the final amendments to Part 98, you are allowed to subtract the the same as the default values for
40 CFR 98.3(i), where we clarify that the diverted portion of the fuel stream from biomass-derived ethanol.
equipment used to generate company the total quantity of the fuel measured Table C2. We are finalizing the
records under Tier 1 and 2 is not at the gate, and then apply the common proposed amendments to remove the
required to meet the calibration pipe reporting option to the group of first iteration of Table C2 and make
accuracy specifications of 40 CFR combustion units served by the common minor corrections to the second one.
98.3(i). pipe, using the Tier 1, Tier 2, or Tier 3 The amendments consist of correcting
The applicable measurement tier for calculation methodology (as applicable). the exponents (powers-of-ten) of several
the common pipe option, according to Table C1. Table C1 of subpart C emission factors.
subpart C, is based on the rated heat provides default HHV values and Standard conditions. A number of
input capacity of the largest unit in the default CO2 emission factors for various commenters requested that, for
group. On the surface, this appears to types of fuel. We are finalizing several consistency with the rest of Part 98, we
mean that the use of Tiers 1 and 2 is amendments to Table C1; specifically, allow sources to use 60 F as standard
restricted to common pipe we have: temperature instead of 68 F, when
configurations where the highest rated Replaced the categories fossil fuel- Equation C5 is used to calculate CO2
heat input capacity of any unit is 250 derived fuels (solid) and fossil fuel- mass emissions from the combustion of
mmBtu/hr or less, and that Tier 3 is derived fuels (gaseous) with more gaseous fuel. We proposed to allow this
required if any unit has a maximum inclusive terms, i.e., other fuels (solid) alternative for subparts X and Y,
rated heat input capacity greater than and other fuels (gaseous). The other because the refining and petrochemical
250 mmBtu/hr. In general, this is true. fuels (solid) category includes four industries use 60 F as standard
However, there is one exception in the fuels: plastics, municipal solid waste, temperature. We have concluded that
current rule and we are amending the tires, and petroleum coke. The other the commenters request to modify
rule to add a second one. Section fuels (gaseous) category includes blast Equation C5 accordingly is reasonable,
98.33(b)(2)(ii) of the current rule allows furnace gas, coke oven gas, propane gas, and we are revising the definition of the
the use of Tier 2 instead of Tier 3 for and fuel gas. term MVC (molar volume conversion)
the combustion of natural gas and/or Removed the word pipeline from in the nomenclature of Equation C5
distillate oil in a unit with a rated heat the description of natural gas. (see revised 40 CFR 98.33(a)(3)(iii)). The
input capacity greater than 250 mmBtu/ Retained the following fuels: wood revised definition of MVC allows
hr. Todays rule adds a new paragraph, residuals, agricultural by-products, sources to use a MVC value of either
(b)(1)(v), to 40 CFR 98.33, allowing Tier and solid by-products, and added 849.5 standard cubic feet per kilogram
1 to be used when natural gas definitions of these terms to 40 CFR 98.6 mole (scf/kg mole) for a standard
consumption is determined from billing (see section II.F of this preamble for temperature of 68 F, or 836.6 scf/kg
records, and fuel usage on those records further discussion). mole for a standard temperature of 60
is expressed in units of therms or Added Used oil to the list of F. A corresponding change has been
mmBtu. Therefore, we are also petroleum products, and added a made to the definition of Standard
amending 40 CFR 98.36(c)(3) to reflect definition to 40 CFR 98.6 (see section conditions in 40 CFR 98.6. For
these two exceptions for common pipe II.F of this preamble for further verification purposes, a data element
configurations that include a unit with discussion). has been added at 40 CFR
a maximum rated heat input capacity Removed still gas from the list of 98.36(e)(2)(iv)(G), requiring sources
greater than 250 mmBtu/hr. petroleum products and added fuel using Equation C5 to report which
Finally, we are amending the gas. MVC value was used in the emissions
provision in 40 CFR 98.36(c)(3) Corrected a typographic error in the calculations.
regarding the partial diversion of a fuel HHV for ethane; changing it to 0.069 Miscellaneous revisions. We are
stream such as natural gas that is mmBtu/gal, rather than 0.096 mmBtu/ amending 40 CFR 98.34(c) by adding the
measured at the gate to a facility (e.g., gal. citations from 40 CFR part 75 that
using a calibrated flow meter or a gas Revised footnote 1 regarding pertain to the initial certification of Tier
billing meter). Subpart C specifies that municipal waste combustor (MWC) 4 moisture monitoring systems. These
when part of a fuel stream is diverted to units to make it clear that only MWC amendments also correct an inadvertent
a chemical or industrial process where units that produce steam are prohibited omission in the verification section of
it is used but not combusted, and the from using the default HHV for MSW in subpart C, specifically, in 40 CFR
remainder of the fuel is sent to a group Table C1; MWC units that produce 98.36(e)(2)(v)(C). That section requires
of combustion units, you may subtract steam can still use the default CO2 units using the Tier 3 methodology to
the diverted portion of the fuel stream emission factor for MSW. keep records of the method(s) used for
from the total quantity of the fuel Modified footnote 1 to Table C1, to carbon content determination. However,
measured at the gate before applying the reflect the new biogenic CO2 emissions no mention is made of keeping records
common pipe methodology to the calculation options for certain units that of the method(s) used to determine the
combustion units. We are amending the combust MSW and/or tires. molecular weight, which is a
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rule to expand this provision to include Revised footnote 2 to clarify that if requirement for gaseous fuels. To
cases where the diverted portion of the the conditions in 40 CFR 98.243(d)(2)(i) correct this inadvertent oversight, we
fuel stream is sent either to a flare or to and (d)(2)(ii) and 40 CFR 98.252(a)(1) have amended 40 CFR 98.36(e)(2)(v)(C)
another stationary combustion unit (or and (a)(2) do not apply, reporters subject to require records to be kept of the
units) on site, including units that use to 40 CFR 98.243(d) of subpart X or method(s) used for both carbon content
40 CFR part 75 methodologies to subpart Y shall use either Tier 3 or Tier and (if applicable) molecular weight
calculate annual CO2 mass emissions 4. determination. Finally, we have

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corrected typographical errors in the CO2 emissions from the combustion of provide corresponding equations for
definition of CC in the nomenclature MSW and tires that may be used when calculating CH4 and N2O emissions
of Equation C5. This equation applies the total contribution of these fuels to when the fuel usage information on gas
to gaseous fuels, not liquid fuels, and the units heat input is 10 percent or billing records is expressed in therms.
the units of measure for CC must be kg less. The methodology, which uses the Response: We agree with these
C per kg of fuel, rather than kg C per Tier 1 equation together with default comments and have made the following
gallon. biogenic percentages, may also be used adjustments to the final rule text. First,
Major changes since proposal are for small, batch incinerators that burn a new equation, Equation C1b, has
identified in the following list. The no more than 1,000 tons of MSW per been added to Tier 1 to accommodate
rationale for these and any other year. situations in which the fuel usage
significant changes can be found in this We have removed the term information on gas billing records is
preamble or the document, Response to consecutive between the words 24 expressed in mmBtu. Second, we have
Comments: Revision to Certain and hours, in reference to the added two new equations to 40 CFR
Provisions of the Mandatory Reporting minimum required sampling time for 98.33(c), i.e., Equations C8a and C8b,
of Greenhouse Gases Rule (see EPA determining the percentage of biogenic for calculating CH4 and N2O emissions
HQOAR20080508). CO2 in flue gas when ASTM Method when the fuel usage information on
A new equation has been added to D745908 is used, thereby allowing natural gas billing records is in units of
Tier 1 to accommodate situations in samples to be collected for 24 total therms or mmBtu.
which the fuel usage information on gas hours in a quarter, rather than 24 Site-specific stack gas moisture
billing records is expressed in mmBtu. consecutive hours. We have also added content values.
We have also added two new equations a provision allowing sources to perform Comment: Commenters were
to 40 CFR 98.33(c) for calculating CH4 additional testing to demonstrate that generally supportive of the proposed
and N2O emissions when the fuel usage sampling for 8 hours is sufficient. rule changes related to determining the
information on natural gas billing We have added language to 40 CFR site-specific moisture default values.
records is in units of therms or mmBtu. 98.34(a)(2)(ii) and (b)(3)(ii)(B) Two commenters requested that we
For units using the Tier 2 explaining how to implement certain allow the site-specific moisture default
methodology that receive HHV data less fuel oil sampling options, specifically, values to be based on fewer than nine
frequently than monthly, or, for small daily manual sampling and sampling Method 4 runs, in cases where moisture
units (< 100 mmBtu/hr) regardless of the after each addition of oil to the tank. data from the RATA of a CEMS are used
HHV sampling frequency, we are To minimize unnecessary burden to derive the default value and the
allowing Equation C2b to be used to related to collecting information on applicable regulation allows a single
calculate a fuel-weighted annual average small units aggregated in a group and moisture run to represent two or more
HHV, instead of calculating the for the common pipe configuration, we RATA runs.
arithmetic average annual HHV. are removing and reserving 40 CFR Response: We believe that this is a
For consistency with other 98.36 (c)(1)(ii), (c)(1)(iii), and (c)(3)(ii). reasonable request and have
subparts, we have revised the We are no longer requiring sources to incorporated it into the final rule.
nomenclature of Equation C5, to allow report the number of units in, or the Determining emissions from an
reporters to use a molar volume cumulative heat input capacity of, an exhaust stream diverted from a CEMS
conversion (MVC) constant referenced aggregated group of units or a group of monitored stack.
to a standard temperature of either 60 F units served by a common pipe. Only Comment: Commenters were
or 68 F. the maximum rated heat input capacity supportive of the intent of the proposed
For Tier 4 applications, we are of the largest unit in the group must be amendments, but indicated that the
allowing site-specific moisture default reported. proposed methodology for estimating
values to be based on fewer than nine the CO2 mass emissions from the
2. Summary of Comments and diverted gas stream would not be
Method 4 runs in cases where moisture
Responses implementable at every affected facility.
data from the RATA of a CEMS are used
to derive the default value and the This section contains a brief summary Specifically, commenters took issue
applicable regulation allows a single of major comments and responses. with EPAs assumption that the CO2
moisture run to represent two or more Several comments were received on this concentration in the diverted stream
RATA runs. subpart. Responses to additional will be the same as the concentration in
We have modified the approach for comments received can be found in the the main stack. According to the
calculating CO2 mass emissions from an document, Response to Comments: commenters, this is not the case,
exhaust stream diverted from a CEMS Revision to Certain Provisions of the because dilution air introduced via
monitored stack. Mandatory Reporting of Greenhouse auxiliary fans and other equipment will
For consistency with Subpart A, we Gases Rule (see EPAHQOAR2008 lower the CO2 concentration of the side
have added language in several places 0508). stream.
stating that for Part 75 units, separate Natural gas consumption expressed in Response: We agree with the
reporting of biogenic CO2 emissions is therms. commenters assessment and have
optional in reporting year 2010 and Comment: Commenters were modified the proposed approach for
mandatory thereafter. generally supportive of EPAs proposal quantifying emissions in the diverted
We have added a new paragraph, to provide equations for cases where stream. The final rule requires annual
(e)(6), to 40 CFR 98.33, allowing Part 75 natural gas consumption is expressed in emission testing of the diverted gas
srobinson on DSKHWCL6B1PROD with RULES2

units to calculate biogenic CO2 therms in billing records. One stream to be performed at a set point
emissions using the same general commenter noted that the proposed rule that best represents normal operation,
approach that is used in 40 CFR failed to take into account that on some using EPA Methods 2 and 3A and (if
98.33(c)(4)(ii) for the CH4 and N2O natural gas billing records, the fuel moisture correction is necessary)
emissions calculations. usage is expressed in units of mmBtu. Method 4. A CO2 mass emission rate is
We have added an alternative The commenter also brought to our calculated from the test results. If, over
calculation methodology, for biogenic attention that the proposed rule did not time, flow rate of the diverted stream

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varies little from the tested flow rate, being combusted. For instance, fuel may Comment: Regarding the proposed
then the annual CO2 mass emissions for be added to an empty or a partly full revisions to the optional biogenic CO2
the diverted stream (which must be tank that is out of service. Also, for a emissions calculation methodology for
added to the CO2 mass emissions tank that is currently in service, due to units with CEMS described in 40 CFR
measured at the main stack) will be infrequent combustion of fuel oil, it may 98.33(e)(2), one commenter
determined simply by multiplying the have been months, or even years, since recommended that we make the
CO2 mass emission rate from the oil was last added to the tank, and it methodology more flexible by
emission testing by the number of may be months or years before oil is modifying Equation C13. The change
operating hours in which a portion of added again. to this equation proposed by the
the flue gas was diverted from the main Response: To address these concerns, commenter would allow the volume of
flue gas exhaust system. However, if the the final rule requires at least one CO2 from combustion of the biomass
flow rate of the diverted stream varies sample to be obtained from each storage fuel (rather than the fossil fuel) to be
significantly over the reporting year, the tank that is currently in service, and an calculated directly and then used in
owner or operator must either perform additional sample whenever fuel is Equation C14 to calculate the biogenic
additional stack testing or use the best added to the tank while it remains in percentage of the annual CO2 mass
available information (e.g., fan settings service. If multiple additions are made emissions.
and damper positions) and engineering to an in-service tank on a given day Response: EPA has not incorporated
judgment to estimate the CO2 mass (e.g., from multiple deliveries) one the commenters proposed changes.
emission rate at a minimum of two sample taken after the final addition is Although the proposed modification to
additional set points, to represent the sufficient. No sampling is required for the methodology could work for fuels
variation across the normal operating addition of fuel to a tank that is out of such as wood residue and bark (which
range. Then, the most appropriate CO2 service. Rather, a sample must be taken have F-factors listed in Table 1 in
mass emission rate must be applied to when the tank is brought into service section 3.3.5 of 40 CFR part 75,
each hour in which a portion of flue gas and whenever oil is added to the tank, appendix F), the commenter appears to
is diverted from the main exhaust for as long as the tank remains in be unaware that we proposed to remove
system. The procedures used to service. from 40 CFR 98.33(e)(1) the restriction
determine the annual CO2 mass Tier 4 monitoring threshold for units prohibiting units with CEMS from using
emissions for the diverted stream must that combust MSW. the Tier 1 methodology to calculate
be documented in the monitoring plan. biogenic CO2 emissions. As stated
Comment: Commenters were
Fuel sampling for coal and fuel oil. above, we are finalizing that amendment
Comment: Commenters were generally supportive of the proposed
as proposed. Therefore, since both Tier
generally supportive of the proposed amendment to increase the Tier 4
1 and the commenters suggested
amendments to 40 CFR 98.34(a)(2)(ii) monitoring threshold for combustion of
methodology require sources to quantify
and 40 CFR 98.34(b)(3)(ii) regarding the municipal solid waste from 250 to 600
the amount of biomass fuel combusted,
definition of fuel lot. However, we did tons per day. One concern was that the
and since the Tier 1 methodology is
receive requests to clarify the meaning amendment might not be finalized
significantly simpler than the
of the terms type of fuel and supply before the end of 2010; therefore, they
commenters proposal, there is no need
source, pertaining to the proposal to asked for the final rule to provide a six to revise the calculation procedures in
require only one monthly sample to month extension of the January 1, 2011 40 CFR 98.33(e)(2).
represent multiple fuel deliveries. regulatory deadline for installing and Comment: Many units and industrial
Response: The final rule clarifies that certifying CEMS. Some commenters processes burn relatively small amounts
for coal, the type of fuel refers to the were concerned that this proposed of partly biogenic fuels such as tires and
coal rank (i.e., anthracite, bituminous, change would affect the quantity of MSW, as supplementary fuels. Quarterly
sub-bituminous, or lignite). For fuel oil, emissions reported under the program sampling and analysis of the flue gas
the type of fuel refers to the grade and were, therefore, concerned about using ASTM Methods D745908 and
number or classification of the oil (e.g., finalizing this proposed amendment. D686608 is the only available
No. 2 oil, No. 6 oil, jet-A fuel, etc.). The Response: There is no need for the methodology in Part 98 for quantifying
term supply source is not so easily requested extension because units at or biogenic CO2 emissions from these
defined, however, and we have chosen above the 600 ton per day threshold fuels. Some commenters requested relief
not to include a definition to the final have been on notice since the 2009 final from reporting biogenic CO2 emissions
rule. Instead, you may use the following rule that they are required to use CEMS. from such fuels when they account for
general guidelines. The term supply The proposed revision to the Tier 4 less than 10 percent of a units heat
source can certainly refer to the coal monitoring threshold should not have input. Another commenter asked EPA to
mine, bulk terminal, or refinery from caused them to think otherwise. For either make reporting of biogenic CO2
which the fuel is obtained. However, it units in-between the original threshold optional or reduce the amount of
also can apply to a fuel vendor who of 250 tons per day and the revised required testing with the ASTM
receives a particular type of fuel from threshold of 600 tons per day, an methods to once every five years, for
different locations and distributes the extension is unnecessary because these small batch incinerators that combust
fuel to his customers, provided the units can use Tier 2 for the 2010 MSW. The commenter provided data for
important properties of the fuel, such as reporting year. We disagree with a typical batch incinerator, showing that
its heating value, sulfur content, carbon concerns that the final amendments will in 2009, less than 400 metric tons of
content, etc., are guaranteed to be impact the quantity of data reported to biogenic CO2 were emitted from the
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within specified ranges. the program, because the final unit.


Comment: With respect to the HHV amendments still require the same units Response: We do not intend to grant
sampling requirements for each fuel lot, to report GHG emissions. The only a reporting exemption for MSW
commenters expressed concern that the difference is that they may be using the combustion, and, for tires, although the
option to sample fuel oil after each Tier 2 methodology instead of Tier 4. reporting is optional at present, we
addition of fuel to the storage tank Biogenic CO2 emissions from biomass intend to revisit this issue in the future.
might not represent the fuel actually combustion. However, we are persuaded that the cost

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79116 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

of performing the ASTM methods is relatively homogeneous. Both these early years of the program, we
(roughly $5,000 to $10,000 each quarter) commenters submitted data comparing want to ensure that the methods
is unreasonably high for sources that the results of 8-hour samples against the required by the rule are appropriate for
burn very small amounts of MSW and/ results of 24-hour samples. For one all facilities subject to subpart C of the
or tires and emit comparatively little source, the 8-hour sample results were rule. Although we attempted to
biogenic CO2. Also, for sources that within 3.3 percent of the 24-hour assemble a comprehensive list of
combust tires and wish to report results, and for the other source the methods and provide appropriate
biogenic CO2, the ASTM methods are results were within 1.7 percent. alternatives in the 2009 final rule, based
their only option. In view of these Response: EPA agrees that under on questions received we determined
considerations, we have added an certain circumstances, it may be that it was likely that other valid
alternative calculation methodology for appropriate to shorten the sampling methods from these organizations and
biogenic CO2 emissions from the time. Therefore, we are adding an practices were overlooked. For instance,
combustion of tires and/or MSW. The option to 40 CFR 98.34(d) and (e), under the 2009 final rule, even updates
methodology is found at 40 CFR allowing sources to demonstrate that 8 to the IBR methods to reflect the latest
98.33(e)(3)(iv), and may be used when hours of sampling per quarter is practices would not have been
the total contribution of these fuels to sufficient. The demonstration requires a acceptable without a rulemaking. The
the units heat input is 10 percent or minimum of two 8-hour tests and one commenters did not sufficiently justify
less. We are also allowing this 24-hour test, performed under normal, why opening up to industry consensus
methodology to be used for small batch stable operating conditions. The standards would compromise data
incinerators that burn no more than demonstration tests must be distinct, quality. In fact, the opposite could be
1,000 tons of MSW per year. i.e., no overlapping of the 8-hour and said where more updated versions of
Supplementary information provided by 24-hour test periods is permitted. If the previously incorporated standards are
the commenter who requested reduced average biogenic fraction obtained from now allowable.
testing of these incinerators indicates the 8-hour tests is within 5 percent of Further, subpart C already includes a
that the rated capacities of the units can the results from the 24-hour test, then, mechanism by which we can evaluate
be as high as 1,300 lb/hr of MSW, but in subsequent quarters, the Method the methods being used by industry.
that in practice, since the units operate D745908 sampling time may be Sections 98.36(e)(2)(iii) and
in batch mode, a more realistic estimate reduced to 8 hours. The results of the 98.36(e)(2)(v) require that records be
of the actual, annualized capacity of the demonstration must be documented in kept of the methods that are used for
units is somewhere between 100 and the monitoring plan. Note that although flow meter calibration and for HHV and
200 lb/hr (see EPAHQOAR2008 the data provided by the commenters carbon content determinations, and 40
0508). If one of these incinerators were showed that the 8-hour and 24-hour CFR 98.36(e)(4) requires sources to
to combust as much as 200 lb/hr of sample results differed by no more that provide this information to EPA within
MSW on an annualized basis, this 3.3 percent, we believe that 5 percent 30 days of receiving a request for it.
would equate to approximately 875 tons is a more reasonable acceptance
We note that we have not opened all
of MSW per year. The total annual CO2 criterion. This is because the
subparts more broadly to industry
emissions from the combustion of 875 methodology will likely be used for the
consensus standards. Please see the
tons of MSW is estimated to be about combustion of tires as well as MSW.
responses to comments in Section II.K
Tire-derived fuel (TDF) has a much
800 metric tons, based on the default (Hydrogen Production) and Section II.M
lower biogenic fraction than MSW
emission factors in Table C1. (Petrochemical Production) of this
(typically about 0.20, compared to 0.60
Assuming a biogenic fraction of 0.60 for preamble for our response to similar
for MSW). An acceptance criterion
MSW, the biogenic portion of the total comments under these subparts.
lower than 5 percent for TDF
annual CO2 emissions would be 480 Electronic data reporting and
combustion would require the
metric tons, which is less than 2 percent recordkeeping.
difference between the 8-hour and 24-
of the 25,000 metric ton applicability Comment: Two commenters asked us
hour sample results to be less than 0.01,
threshold in 40 CFR 98.2 for Part 98 to either remove or modify the proposed
and would be overly stringent.
facilities. Based on the above analysis, Use of consensus standard methods. requirement to report the number of
we have concluded that it is appropriate Comment: We received both units in an aggregated group of units.
to allow Tier 1 to be used together with supportive and adverse comments on One commenter suggested that reporting
a default biogenic percentage of 0.60 to the proposed amendments to remove would be simplified if very small
estimate the biogenic CO2 emissions reference to specific consensus sources such as water heaters, space
from MSW combustion in small batch standards. Commenters that objected to heaters, lab burners, etc., were lumped
incinerators, in lieu of using ASTM the proposal stated that elimination of together and counted as one unit. The
Methods D745908 and D686608. To the lists of acceptable methods and other commenter stated that it is
allow for some possible variation in the allowing the use of industry standard burdensome to keep an accurate count
annualized capacity of these units, the practice weakens the rule. According to of these small domestic units at large,
final rule extends the use of the these commenters, there is no way to complex industrial facilities. That same
alternative calculation methodology to evaluate the technical merits of an commenter also suggested that only
batch incinerators that combust no more industry standard practice, and the units with heat input ratings of 10
than 1,000 tons of MSW per year (which quality of the reported GHG emissions mmBtu or greater should be included in
corresponds to about 540 tons of data could suffer as a result. the count. A third commenter noted that
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biogenic CO2 per year). Response: We do not agree with the it is also difficult to report the
Comment: With regard to the use of objections raised by these commenters. cumulative maximum heat input rating
ASTM Methods D745908 and D6866 Subpart C covers a large range of of a group of units, as required under 40
08, two commenters from facilities that industries, perhaps including some that CFR 98.36(c)(1)(iii), when numerous
combust refuse-derived fuel (RDF) asked we are not even aware of yet that are small domestic units, some of which
us to consider shortening the sampling significant emitters of GHG emissions may not have a heat input rating, are
time to 8 hours, in cases where the fuel and therefore covered by the rule. In included in an aggregated group.

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Response: We believe these comments However, we also understand that some Comment: Two commenters argued
have merit. After careful consideration, facilities report petroleum coke usage to against the inclusion of default factors
we have concluded that for verification the Energy Information Administration for fuel gas in Table C1. They argued
purposes, we do not need to know (EIA) in units of equivalent barrels of that this would have a negative impact
either the exact number of units in an petroleum, and may prefer to report on chemical plant fuel gas streams that
aggregated group or the combined petroleum coke consumption in units of were previously exempt from Tier 3
maximum rated heat input of the group. gallons under this rule. As such, EPA is requirements when the streams provide
The only critical data element is the not proposing to remove petroleum coke less than 10 percent of the annual heat
maximum rated heat input capacity of from the list of petroleum products in input to a unit rated greater than 250
the largest unit in the group. This Table C1. The two HHVs for petroleum mmBtu/hr) because Table C1
information is needed to confirm that coke differ only in units of measure. previously had no factors for fuel gas.
none of the units exceeds 250 mmBtu/ They will give equivalent results when According to the commenters, the
hr, which is the condition that must be CO2 mass emissions are calculated. proposed inclusion of default factors for
met to use the unit aggregation option Comment: Two commenters asserted fuel gas in Table C1 requires
in 40 CFR 98.36(c)(1). Therefore, in the that plastics are a small component of monitoring and reporting of GHG
final rule, we are withdrawing the MSW and there is no reason why emissions from these gas streams. Both
proposed requirement to report the plastics should be listed as a separate commenters suggested that Table C1
number of units in an aggregated group fuel in Table C1. These commenters should include default factors for
of units, and are removing the stated that to the best of their refinery fuel gas rather than fuel gas.
requirement to report the combined knowledge, plastics are not combusted One commenter also suggested revising
maximum rated heat input of the group. as a separate fuel stream, and they the definition of fuel and Footnote 2
We also are withdrawing the proposed recommended that EPA delete plastics associated with the default values for
requirement under 40 CFR from Table C1. fuel gas in Table C1 to clarify that fuel
98.36(c)(3)(ii) to report the number of Two other commenters, however, gas is specific to refineries and
units served by a common fuel pipe. stated that plastics are, in fact, petrochemical plants, but excludes
The issue is the same for the common sometimes separated out from MSW as process off-gases from chemical
pipe configuration as for the aggregated a separate stream. These commenters production plants.
group of units, i.e., hundreds of small, provided a suggested definition of
Response: Default values for fuel gas
domestic units may be served by the plastics and requested that we add it
in Table C1 are necessary to allow
common pipe. To effect these rule to 40 CFR 98.6. The commenters also
refineries and petrochemical plants to
changes, 40 CFR 98.36(c)(1)(ii), asked us to modify the definition of
use Tier 1 or Tier 2 methods for certain
(c)(1)(iii), and (c)(3)(ii) have been MSW, to specifically exclude plastics
that are recovered from MSW, processed small fuel gas streams that were
removed and reserved. proposed to be excluded from the
Table C1. separately, and disposed.
Comment: Two commenters Response: As mentioned in the requirement to use Tier 3 for fuel gas in
questioned the appropriateness of preamble to the August 11, 2010 subparts X and Y. In providing these
listing MSW with plastics and proposed rule (75 FR 48764), facilities factors, we did not intend to require
petroleum coke. Further, they noted that have questioned EPA as to why plastics chemical plants to monitor and report
petroleum coke is listed twice in the and waste oil, two fuels that appeared GHG emissions generated by the
table, first under petroleum products in Table C2 of the April 10, 2009 combustion of fuel gas that were
and then again under other fuels proposed rule, were left out of the excluded from reporting requirements
(solid). According to the commenters, October 30, 2009 final rule. Responding in the October 30, 2009, final Part 98.
petroleum coke is a petroleum to these concerns, on August 11, 2010 Therefore, we agree that some
derivative, and is more appropriately we proposed to add both fuels to Table additional clarification of terms is
listed with the other petroleum C1. Todays rule retains these entries, needed to prevent the fuel gas factor
products. except that waste oil has been from requiring measurement and
Response: The category other fuels redesignated as used oil. In view of the reporting of GHG from the chemical
(solid) in Table C1 is not intended to input received from the commenters plant vent gases.
make any policy statement about the who brought to our attention that While changing the term used in
nature of the fuels included in the plastics (including such things as Table C1 to refinery fuel gas may
category. The fuels included in other * * * bottles, containers, bags, CD have helped to clarify the intent, we do
fuels (solid) are miscellaneous fuels cases, sheeting, packaging, broken not believe, given the definition of fuel
that do not fit into any other existing consumer goods, etc. * * *) are gas in the final rule, that this would
category for the purposes of this rule. sometimes recovered from MSW and adequately address the issue. Fuel gas
Petroleum coke was included as a processed separately, we decided not to as defined in the October 30, 2009, final
petroleum product in the 2009 final rule incorporate the recommendation of the Part 98 means gas generated at a
(74 FR 56409). However, the HHV units other commenters who asked us to petroleum refinery, petrochemical plant,
of measure for petroleum products delete plastics from the table. or similar industrial process unit, and
listed in Table C1 are in mmBtu per We see no need to add a definition of that is combusted separately or in any
gallon and some reporters were plastics to 40 CFR 98.6, since plastic combination with any type of gas. The
confused about how to appropriately materials are readily identifiable. inclusion of the phrase or similar
calculate CO2 emissions from petroleum However, to address the commenters industrial process unit within the
srobinson on DSKHWCL6B1PROD with RULES2

coke, since it is actually a solid fuel, and chief concern, we have modified the definition of fuel gas expanded the
is nominally measured in units of short definition of MSW to clearly state that meaning of fuel gas beyond refineries
tons. By listing petroleum coke as a insofar as plastics (along with certain and petrochemical plants. Without
solid fuel with a heating value in units other materials) are separated out from specifically defining the term refinery
of mmBtu/short ton, EPA intends to MSW, processed and disposed of, they fuel gas we expect that the rule
alleviate confusion about how emissions are not considered to be municipal language would have remained
are to be calculated for petroleum coke. solid waste. ambiguous, especially since refinery

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79118 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

fuel gas was still intended to apply to applicable, 40 CFR 98.36(c)(2) or (c)(3). consumption during electrolysis or
some petrochemical processes. These section citations were incorrect. anode baking of prebake cells are vented
To clarify our original intent of the Subpart D units all use the CO2 mass through the same stack as a combustion
proposed inclusion of default factors for emissions calculation methodologies in unit required to use CEMS. This
fuel gas in Table C1, we are revising 40 CFR part 75. Therefore, the requirement existed in the final rule,
the definition of fuel gas to delete applicable data reporting section for however, the cross-reference was
reference to other similar industrial these units is 40 CFR 98.36(d), not 40 omitted from the introductory language
process units. In Part 98, the term fuel CFR 98.36(b), 40 CFR 98.36(c)(2), or 40 of 40 CFR 98.63(c).
gas is intended to apply to petroleum CFR 98.36(c)(3). We are amending 40 We are amending 40 CFR 98.64 to
refineries and petrochemical plants, so CFR 98.46 to correct this error. clarify the type of parameters that must
this revision does not affect other Part Recordkeeping. We are amending 40 be measured in accordance with the
98 requirements; it simply clarifies that CFR 98.47 to state that the records kept recommendations of the EPA/IAI
fuel gas and the fuel gas factors are under 40 CFR 75.57(h) for missing data Protocol for Measurement of
specific to petroleum refineries and events satisfy the recordkeeping Tetrafluoromethane (CF4) and
petrochemical plants. requirements of 40 CFR 98.3(g)(4) for Hexafluoroethane (C2F6) Emissions from
The commenter suggested revising the those same events. We have concluded Primary Aluminum Production (2008),
definition of fuel to mean solid, liquid that, as a practical matter, the missing and the frequency of monitoring for
or gaseous combustible material, but data records required to be kept under those parameters that are not measured
excludes process waste off gases from 40 CFR 75.57(h) are substantially annually, but are instead measured on a
chemical production plants that are not equivalent to the records required under more or less frequent basis. We are also
petroleum refineries or petrochemical 40 CFR 98.3(g)(4). inserting dates into this paragraph. In
plants. We have determined that this Major changes since proposal are inserting these dates, we have decided
change is not necessary because we identified in the following list. The to use dates in reference to the effective
have addressed the commenters rationale for these and any other date of the 2009 final rule, as opposed
concerns through the change in the significant changes can be found in this to the publication date as was written in
definition of fuel gas. We are amending preamble or the document, Response to the final rule. It was determined to be
Footnote 2 of Table C1, as requested, Comments: Revision to Certain more appropriate to use the effective
to clarify further that only reporters Provisions of the Mandatory Reporting date of the rule as the basis for the
subject to 40 CFR 98.243(d) of subpart of Greenhouse Gases Rule (see EPA timing of the requirements. Therefore,
X or subpart Y are required to use Tier HQOAR20080508). we are amending the paragraph to read
3 or Tier 4 methodologies when the Making separate reporting of December 31, 2010 in place of one
specific conditions outlined in the biogenic emissions optional for part 75 year after publication of the rule and
footnote do not exist. units in the 2010 reporting year and are inserting December 31, 2012 in
mandatory every year thereafter. See place of three years after publication of
H. Subpart DElectricity Generation the rule.
sections II.C and II.G of this preamble.
1. Summary of Final Amendments and Adding a provision to subpart D to We are amending Table F2 to clarify
Major Changes Since Proposal clarify how to calculate and report that default CO2 emissions from pitch
biogenic CO2 emissions, referencing the volatiles combustion are relevant only
We are amending 40 CFR 98.40(a) by for center work pre-bake (CWPB) and
adding the word mass between the applicable methods in 40 CFR 98.33(e)
and the reporting requirements in 40 side work pre-bake (SWPB)
words CO2 and emissions to make it technologies.
clear that subpart D applies only to CFR 98.3(c)(4) and (c)(12).
We are also amending Table F1 to
units in two categories: ARP units and 2. Summary of Comments and spell out the acronyms for the
non-ARP electricity generating units Responses technologies covered by that table; i.e.,
(EGUs) that are required to report CO2 CWPB, SWPB, vertical stud S<derberg
No significant comments were
mass emissions data to EPA year-round. (VSS), and horizontal stud S<derberg
Optional reporting of biogenic CO2. received on the specific technical
(HSS).
For consistency with the amendments to amendments to subpart D. Comments The comments received supported the
subpart C, we have revised 40 CFR related to the proposed separate proposed amendments, so the
98.43 to clarify that for subpart D units, reporting of biogenic emissions for units amendments to subpart F are finalized
reporting of biogenic CO2 emissions is subject to 40 CFR part 75 can be found as proposed.
optional only for the 2010 reporting in Sections II.C and II.G of this
preamble. 2. Summary of Comments and
year, and mandatory thereafter. We are Responses
also adding a new paragraph 40 CFR I. Subpart FAluminum Production
98.43(b) indicating that biogenic CO2 One comment letter was received on
emissions must be calculated and 1. Summary of Final Amendments and this subpart, and it supported the
reported by following the applicable Major Changes Since Proposal proposed amendments. The summary
methods specified in 40 CFR 98.33(e). Throughout subpart F we are making and response to this comment letter can
Fossil CO2 emissions are calculated by corrections as needed for typographical be found in the document, Response to
subtracting the biogenic CO2 mass errors and alphanumeric sequencing. Comments: Revision to Certain
emissions calculated according to 40 We are amending 40 CFR 98.63 to Provisions of the Mandatory Reporting
CFR 98.33(e) from the cumulative clarify that each perfluorocarbon (PFC) of Greenhouse Gases Rule (see EPA
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annual CO2 mass emissions from compound (perfluoromethane, CF4, also HQOAR20080508).
paragraph (a)(1) of this section. called tetrafluoromethane, and J. Subpart GAmmonia Manufacturing
Data reporting requirements. Section perfluoroethane, C2F6, also called
98.46 of subpart D specified that the hexafluoroethane) must be quantified 1. Summary of Final Amendments and
owner or operator of a subpart D unit and reported and to clarify in 40 CFR Major Changes Since Proposal
must comply with the data reporting 98.63(c) that reporters must use CEMS We are amending subpart G to remove
requirements of 40 CFR 98.36(b) and, if if the process CO2 emissions from anode reporting of the waste recycle stream or

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79119

purge, and to make subpart G conform manufacturing process unit that is then contended that justifying removal of the
to the amendments to the calibration used to produce urea and the method reporting requirement because of the
requirements in subpart A. With respect used to determine that quantity of CO2 availability of other data through the
to the waste recycle stream, we are consumed. Association of American Plant Food
eliminating the calculation, monitoring In addition, we are amending subpart Control Officials is not appropriate
and reporting of the emissions G to correct several typographical errors because those other data may not be
associated with the waste recycle stream and an incorrect cross-reference to available reliably into the future and do
or purge currently required by Equation another subpart in 40 CFR part 98. We not map emissions back to specific
G6 from 40 CFR 98.73, 98.74, 98.75, are correcting the terms and definitions
facilities. They argued that reporting of
and 98.76. Carbon dioxide emissions for annual CO2 emissions arising from
synthetic fertilizer production is a good
from waste recycle stream or purge gas gaseous, liquid, and solid fuel feedstock
consumption in Equations G1, G2, first step in estimating N2O emissions
used as fuel will still be accounted for
accurately using Equation G5 in and G3, respectively, in 40 CFR 98.73. from agricultural soils.
subpart G. Because total process We are correcting 40 CFR 98.76(a) by Another commenter countered many
emissions, calculated using Equation G changing the cross-reference from of the points raised above, asserting that
5, will also account for emissions 98.37(e)(2)(vi) to 98.37. data on domestic synthetic fertilizer
associated with use of the purge gas as We are amending the data reporting production is not a good indicator of
a fuel, we are amending 40 CFR 98.72(b) requirements in 40 CFR 98.76(b)(6) and N2O emissions from farming because the
so that subpart C does not apply to CO2 (15) for consistency with the calculation rule did not capture all fertilizer
emissions resulting from the use of procedures in 40 CFR 98.73(b)(6). We production and not all fertilizer is
purge gas as a fuel. are amending 40 CFR 98.76(b)(6) to applied to fields.
We are clarifying in 40 CFR 98.72(a) change petroleum coke to feedstock
and in the definition of CO2 in Equation because petroleum coke is the incorrect Response: EPA has finalized, as
G5 that CO2 process emissions term, and amending 40 CFR 98.76(b)(15) proposed, the amendment to remove
reported under this subpart may include to specify that the carbon content reporting requirements of the total
CO2 that is later consumed on site for analysis method being reported is for amount of synthetic fertilizer produced
urea production and therefore is not each month. We are also removing 40 and nitrogen contained in that fertilizer.
released to the ambient air from the CFR 98.76(b)(17) for the reporting of EPA has concluded that the burden
ammonia manufacturing process unit. urea produced, if known, as well as placed on fertilizer production facilities
We have included this clarification reporting requirements in 40 CFR to report on total pounds of synthetic
because although the equations 98.76(c) for total pounds of synthetic fertilizer and total nitrogen contained in
accurately reflect total CO2 that is fertilizer produced and total nitrogen that fertilizer would not be
generated from the ammonia contained in that fertilizer. commensurate with the value of the
manufacturing process, not all of that No major changes have been made to data we would receive in terms of
CO2 is released on site. Rather, some of the amendatory language since improving our ability to estimate N2O
the CO2 may be used for urea proposal. emissions from soils. Specifically,
production and not be actually released 2. Summary of Comments and facility specific data from producers on
to the atmosphere until use of the urea Responses the nitrogen content of synthetic
at an off-site location.
This section contains a brief summary fertilizer is of minimal value in
We are amending 40 CFR 98.74(d) to
limit the flow meter calibration of major comments and responses. estimating soil N2O emissions by itself.
accuracy requirements of 40 CFR Several comments were received on this As explained in the proposal preamble
98.3(i)(2) and (i)(3) to only meters that subpart. Responses to additional (75 FR 48767), there are a variety of
are used to measure liquid and gaseous significant comments received can be inputs that would be valuable to
feedstock volumes. In accordance with found in the document, Response to consider to estimate N2O emissions
40 CFR 98.3(i)(1), each measurement Comments: Revision to Certain from agricultural soils, including
device that is not used to measure liquid Provisions of the Mandatory Reporting fertilizer application rates, timing of
and gaseous feedstock volumes, but is of Greenhouse Gases Rule (see EPA application, and the use of slow release
used to provide data for the GHG HQOAR20080508). fertilizers and nitrification/release
emissions calculations, will have to be Comment: One commenter was inhibitors, none of which would be
calibrated to an accuracy within the supportive of all proposed amendments provided through the provision
appropriate error range for the specific to subpart G. However, we received removed from the rule. Given that the
measurement technology, based on an adverse comments on the proposed information required from the final rule
applicable operating standard, such as amendment to remove requirements to would not provide sufficient
the manufacturers specifications. report the total quantity of synthetic information to estimate N2O emissions
We are amending the definition of fertilizer produced and the nitrogen from fertilizer application to soils, we
CO2 emissions in Equation G5 to content of fertilizer. The commenter
are removing the reporting requirement
indicate that the CO2 emissions asserted that EPA does not offer a reason
at this time. While there is concern over
estimates under subpart G may include for the deletion of fertilizer reporting
CO2 that is later consumed on site for requirements, and noted that synthetic the potential future loss of the
urea production and therefore not fertilizer application drives a large Association of American Plant Food
released to the atmosphere from the fraction of N2O emissions from Control Officials data, EPA has
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ammonia manufacturing process unit. agricultural soils. They asserted that the determined that it is preferable to
This change does not affect the total CO2 reporting requirements should be remove the incomplete reporting
emissions that are quantified and retained for several reasons, including requirement at this time and, if
reported to EPA under the calculation that collecting information for N2O appropriate in the future, reconsider in
equations in 40 CFR 98.73. Likewise, we emissions, even if it is from less than a comprehensive manner reporting of
are amending 40 CFR 98.76(b) to require one-half of the total fertilizer produced, information on fertilizer production,
reporting of the CO2 from the ammonia is valuable. Further, the commenter import and use practices.

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K. Subpart PHydrogen Production of Greenhouse Gases Rule (see EPA Comment: One commenter requested
HQOAR20080508). that EPA allow the use of gas
1. Summary of Final Amendments and
Major Changes Since Proposal Modification of Equation P1 to chromatographs as an alternative
account for measurements taken more method for determining the carbon
We are amending the definition of the frequently than monthly to determine content in gaseous fuels and feedstocks.
terms for the average carbon content the molecular weight of the gaseous fuel Response: EPA acknowledges the
(CCn) and molecular weight (MWn) in and feedstock. commenters recommendation to
Equation P1 of 40 CFR 98.163 to clarify Inclusion of the option to use a gas include the option to use gas
that, where measurements are taken chromatograph (both continuous and chromatographs for measuring the
more frequently than monthly, CCn and non-continuous) for determining the carbon content and molecular weight of
MWn should be calculated using the carbon content and molecular weight of fuels and feedstocks in subpart P. As a
arithmetic average of measurement gaseous fuels. result, EPA has revised the monitoring
values within the month. and QA/QC requirements to allow the
We are amending 40 CFR 98.164(b)(1) 2. Summary of Comments and use of gas chromatographs, both
so it is consistent with todays Responses continuous and non-continuous, to
amendments to 40 CFR 98.3(i). First, we This section contains a brief summary determine the carbon content and
are limiting the flow meter calibration of major comments and responses. molecular weight of fuels and
accuracy requirements of 40 CFR Several comments were received on this feedstocks provided that the gas
98.3(i)(2) and (i)(3) to meters that are subpart. Responses to additional chromatograph is operated, maintained,
used to measure liquid and gaseous significant comments received can be and calibrated according to the
feedstock volumes. In accordance with found in the document, Response to manufacturers instructions.
40 CFR 98.3(i)(1), all other measurement Comments: Revision to Certain L. Subpart VNitric Acid Production
devices that are used to provide data for Provisions of the Mandatory Reporting
the GHG emissions calculations have to of Greenhouse Gases Rule (see EPA 1. Summary of Final Amendments and
be calibrated only to an accuracy within HQOAR20080508). Major Changes Since Proposal
the appropriate error range for the Comment: One commenter noted that We are amending 40 CFR 98.226 to
specific measurement technology, based the fuels and feedstocks to a hydrogen remove the synthetic fertilizer and total
on an applicable operating standard, plant subject to subpart P requirements nitrogen reporting requirement in 40
such as the manufacturers are often the same fuels that are burned CFR 98.226(o). The detailed rationale
specifications. Second, we are removing in combustion units subject to subpart for this amendment is provided in
the requirements for solids weighing C requirements. The commenter further Section II.J of this preamble.
equipment and oil tank drop noted that both subparts had different
measurements to be calibrated monitoring and QA/QC requirements 2. Summary of Comments and
according to 40 CFR 98.3(i), because the which would pose a problem for a Responses
provisions of 40 CFR 98.3(i) apply only facility trying to determine which Several comments were received on
to gas and liquid flow meters. For oil method to use. the proposal to remove the synthetic
tank drop measurements, the QA Response: No change has been made fertilizer and total nitrogen reporting
requirements of 40 CFR 98.34(b)(2) as a result of this comment. We did not requirement in 40 CFR 98.226(o). Please
apply. receive sufficient information from the see section II.J (Ammonia Production) of
As a harmonizing amendment with commenter as to why they would not be this preamble for the comments and
the amendment allowing the use of a gas able to comply using the methods responses related to reporting of
chromatograph (described in 40 CFR already prescribed in subpart P for fertilizer production data.
98.164(b)(5)), we are adding the phrase determining carbon content and
no less frequent to 40 CFR M. Subpart XPetrochemical
molecular weight. As noted by the
98.164(b)(2). This change indicates that Production
commenter, facilities only subject to
when determining the carbon content subpart C must use a method published 1. Summary of Final Amendments and
and the molecular weight of other by a consensus standards organization if Major Changes Since Proposal
gaseous fuels and feedstocks (e.g., such a method exists, or an industry Numerous issues have been raised by
biogas, refinery gas, or process gas), you consensus standard practice. Therefore, owners and operators in relation to the
must undertake sampling and analysis the methods in the 2009 final rule for requirements in subpart X for
no less frequently than weekly. subpart P could be used to meet the petrochemical production facilities. The
Replacing a weekly requirement with requirements in subpart C. We issues being addressed by the
no less frequent than weekly allows determined that it was appropriate to amendments include the following:
for the use of continuous, on-line open the methods to industry consensus Distillation and recycling of waste
equipment gas chromatographs. standards or industry standard practices solvent.
We are amending 40 CFR 98.164(b)(5) for facilities subject to subpart C only, Process vent emissions monitored
to allow the use of chromatographic because the industries covered by by CEMS.
analysis of the fuel, provided that the subpart C could be wide ranging and the Process off-gas combustion in flares.
gas chromatograph is operated, specific methods listed may not be CH4 and N2O emissions from
maintained, and calibrated according to appropriate for certain industry types. combustion of process off-gas.
the manufacturers instructions. Because the commenter does not Molar volume conversion (MVC)
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Major changes since proposal are provide specific concerns as to why the factors.
identified in the following list. The methods listed in subpart P are not Methodology for small ethylene off-
rationale for these and any other appropriate, we have decided not to gas streams.
significant changes can be found in this remove the applicable methods listed in Monitoring and QA/QC
preamble or the document, Response to subpart P and replace them with the requirements.
Comments: Revision to Certain option to use consensus based standards Reporting requirements under the
Provisions of the Mandatory Reporting or industry consensus standards. CEMS compliance option.

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Reporting requirements for the (either 60 F or 68 F) and to afford 98.244(b)(4) of the final rule: ASTM
ethylene-specific option. verification of the reported emissions. D7633, Standard Test Method for
Reporting measurement device Methodology for small ethylene off- Carbon BlackCarbon Content, and
calibrations. gas streams. We are finalizing EPA Method 9060A in EPA publication
For the mass balance option, amendments to 40 CFR 98.243(d), as SW846, Test Methods for Evaluating
sampling frequency when receiving proposed, to allow the use of Tier 1 or Solid Waste, Physical/Chemical
multiple deliveries from same supply Tier 2 methods for small flows (in cases Methods. We also added an option,
source. where a flow meter is not already already proposed in subparts C and Y,
Distillation and recycling of waste installed). Specifically, Tier 1 or Tier 2 to use results of chromatographic
solvent. We are adding a new paragraph, methods may be used for ethylene analysis of feedstocks and products,
as proposed, to 40 CFR 98.240(g) to process off-gas streams that meet either provided that the gas chromatograph is
specify that a process that distills or of the following conditions: operated, maintained, and calibrated
recycles waste solvent that contains a The annual average flow rate of fuel according to the manufacturers
petrochemical is not part of the gas (that contains ethylene process off- instructions. Finally, we added an
petrochemical production source gas) in the fuel gas line to the option to use results of a mass
category. combustion unit, prior to any split to spectrometer analysis of a feedstock or
Process vent emissions monitored by individual burners or ports, does not product, provided that the mass
CEMS. We are adding a sentence, as exceed 345 standard cubic feet per spectrometer is operated, maintained,
proposed, to 40 CFR 98.242(a)(1) that minute (scfm) at 60 F and 14.7 pounds and calibrated according to the
specifies CO2 emissions from process per square inch absolute (psia) and a manufacturers instructions.
vents routed to stacks that are not flow meter is not installed at any point We are also amending 40 CFR
associated with stationary combustion in the line supplying fuel gas or at an 98.244(b)(4), as proposed, to provide
units must be reported under subpart X upstream common pipe. facilities the option to determine carbon
when you comply with the CEMS The combustion unit has a content or composition of feedstocks or
option in 40 CFR 98.243(b). maximum rated heat input capacity of products using modified versions of the
Process off-gas combustion in flares. less than 30 mm Btu/hr, and a flow analytical methods listed in 40 CFR
We are amending 40 CFR 98.242(b), as meter is not installed at any point in the 98.244(b)(4) if the listed methods are not
proposed, by removing the reference to line supplying fuel gas (that contains appropriate for reasons noted below.
flares. ethylene process off-gas) or an upstream The proposed amendments in this
CH4 and N2O emissions from common pipe. section would have allowed the use of
combustion of process off-gas. We are As in the proposal, this amendment other analytical methods if methods
amending 40 CFR 98.243(b), as also specifies how to calculate the listed in 40 CFR 98.244(b)(4) are not
proposed, to clarify that either the annual average flow rate under the first appropriate for any of the same reasons.
default HHV for fuel gas or a site- condition. Specifically, the total flow However, in response to comments, we
specific calculated HHV may be used obtained from company records is to be revised this provision to allow the use
when using Tier 3 procedures to evenly distributed over 525,600 minutes of other methods rather than other
calculate CH4 and N2O emissions from per year. In response to comments we analytical methods so that non-
combustion units that burn are making an editorial change to the analytical methods also can be used.
petrochemical process off-gas and are introductory paragraph of 40 CFR The conditions under which the listed
monitored with a CO2 CEMS. 98.243(d) to clarify that the common methods may be considered
Sampling frequency for mass balance pipe reporting alternative may be used inappropriate are the same as at
method. We are amending 40 CFR when applicable; the intent of the proposal. Specifically, a listed method
98.243(c)(3) to clarify that when requirements in this section are not may be considered inappropriate if the
multiple deliveries of a particular liquid changed by this editorial change. We are relevant compounds cannot be detected,
or solid feedstock are received from the also making a number of other editorial the quality control requirements are not
same supply source in a month, one changes to 40 CFR 98.243(d), as technically feasible, or use of the
representative sample is sufficient for proposed, to integrate the amended method will be unsafe.
the month. The amendment is being option with the existing requirements. We are amending the reporting
made in response to a comment Finally, we are amending 40 CFR requirements in 40 CFR 98.246(a)(11), as
received. As explained in section II.M.2 98.246(d)(2) and 98.247(c), as proposed, proposed, so that if an alternative
of this preamble, we are amending 40 to add reporting and recordkeeping method is used, facilities must include
CFR 98.243(c)(3) to make the language requirements that are related to the in the annual report the name or title of
in subpart X consistent with a similar amendments in 40 CFR 98.243(d)(2). the method used and, the first time it is
amendment for fuel sampling in 40 CFR Monitoring methods for determining used, a copy of the method and an
98.34(b)(3)(ii)(B). The new language carbon content and composition. We are explanation of why the use of the
does not change the requirements in 40 finalizing the proposed addition of alternative method is necessary. Also as
CFR 98.243(c). ASTM D259393 (Reapproved 2009), proposed, the amendments to 40 CFR
Molar volume conversion (MVC) Standard Test Method for Butadiene 98.244(b)(4) may be used for the 2010
factors. We are amending Equation X Purity and Hydrocarbon Impurities by reporting year.
1, as proposed, to provide two Gas Chromatography, to 40 CFR QA/QC requirements. To maintain
alternative values of MVC that 98.244(b)(4). We are further amending consistency with the amendments to 40
correspond to the two most common 40 CFR 98.244(b)(4), as proposed, by CFR 98.3(i), we are amending, as
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standard conditions output by the flow adding a new paragraph that will allow proposed, the QA/QC provisions for
monitors. Additionally, the reporting the use of industry standard practice to weighing devices, flow meters, and tank
requirements related to this equation are determine the carbon content or level measurement devices in 40 CFR
being amended, as proposed, to include composition of carbon black feedstock 98.244 (b)(1), (b)(2), and (b)(3).
reporting of the standard temperature at oils and carbon black products. Reporting requirements under the
which the gaseous feedstock and We also added two more published CEMS compliance option. As proposed,
product volumes were determined methods to the list in 40 CFR we are making a number of changes in

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40 CFR 98.246(b)(1) through (b)(5) to 98.36(b)(9)(iii) allows you to consider calculation of GHG emissions from
clarify the reporting requirements under petrochemical process off-gas as a part combustion units rather than from
the CEMS compliance option. of fuel gas rather than as a separate each combustion unit. This change
First, we are moving the requirement fuel, under 40 CFR 98.246(b)(5) you makes it clear that the common pipe
for reporting of the petrochemical must also estimate the fraction of total reporting alternative specified in 40 CFR
process ID from 40 CFR 98.246(b)(3) to CH4 and N2O emissions in the exhaust 98.36(c)(3) of subpart C may be used
40 CFR 98.246(b)(1) to be consistent from each stack that is from combustion when applicable, and it makes 40 CFR
with the structure in other reporting of the petrochemical process off-gas. In 98.243(d) consistent with the reporting
sections, and we are renumbering the addition, because 40 CFR 98.243(b) requirements for the ethylene process
existing paragraphs (b)(1) and (b)(2). requires you to determine CH4 and N20 option as specified in 40 CFR 98.246(c).
Second, we are adding a statement in emissions using Equation C8 in For the mass balance option, 40
the renumbered paragraph 40 CFR subpart C (rather than Equation C10), CFR 98.243(c)(3) was revised to specify
98.246(b)(2) to specify that the reporting the amendments to 40 CFR 98.246(b)(5) that multiple deliveries of a particular
requirements in 40 CFR 98.36(b)(9)(iii) require reporting of the HHV that you liquid or solid feedstock in a month
(as numbered in todays action) for CH4 use in Equation C8. We are also from the same supply source may be
and N2O do not apply under subpart X deleting the erroneous reference to considered a single feedstock lot,
because applicable reporting Equation C10 that was included in 40 requiring only one representative
requirements are specified in 40 CFR CFR 98.246(b)(5). sample for carbon content analysis. This
98.246(b)(5). Reporting requirements for the change makes the analysis requirements
Third, in the renumbered 40 CFR ethylene-specific option. As proposed, for feedstocks consistent with the
98.246(b)(3), we are deleting the we are finalizing several amendments to amended requirements for fuels in 40
requirement to report information clarify the reporting requirements in 40 CFR 98.34(b)(3)(ii)(B).
required under 40 CFR 98.36(e)(2)(vii) CFR 98.246(c) for the combustion-based
because the referenced section specifies 2. Summary of Comments and
methodology that is available to the
recordkeeping requirements, not Responses
ethylene-specific option. First, we are
reporting requirements. Note that one adding a requirement to report each This section contains a brief summary
must still keep the applicable records ethylene process ID to allow of major comments and responses.
because 40 CFR 98.247(a) references 40 identification of the applicable process Several comments were received on this
CFR 98.37, which in turn requires you units at facilities with more than one subpart. Responses to additional
to keep all of the applicable records in ethylene process unit. Second, we are significant comments received can be
40 CFR 98.36(e). We are also amending making editorial changes to clarify that found in the document, Response to
the reference to 40 CFR 98.36(e)(2)(vii) you must estimate the fraction of total Comments: Revision to Certain
to a more general reference of 40 CFR combustion emissions that is due to Provisions of the Mandatory Reporting
98.36. This makes the reporting combustion of ethylene process off-gas, of Greenhouse Gases Rule (see EPA
requirements consistent with the consistent with the requirements HQOAR20080508).
methodology for calculating emissions described above for combustion units Comment: Several commenters
in 40 CFR 98.243(b). that are monitored with CEMS. Third, requested either the addition of specific
Fourth, we are amending 40 CFR we are replacing the requirement to carbon content or composition
98.246(b)(4) to clarify our intent. The report the annual quantity of each type measurement methods in 40 CFR
first sentence in 40 CFR 98.246(b)(4) of petrochemical produced from each 98.244(b)(4) or other changes that would
requires reporting of the total CO2 process unit with a requirement to increase measurement flexibility. One
emissions from each stack that is report the annual quantity of ethylene commenter requested that EPA Method
monitored with CO2 CEMS; this produced from each process unit. 9060 of SW846 be added to the list of
requirement will be unchanged. We are Reporting measurement device methods, and that the list of methods be
amending the second sentence in 40 calibrations. As proposed in 40 CFR modified to allow for the use of a
CFR 98.246(b)(4) to clarify that for each 98.246(a)(7) we are deleting the company-specific method for measuring
CEMS that monitors a combustion unit requirement for reporting of the dates acetonitrile as an alternative to using
stack, you must estimate the fraction of and summarized results of calibrations EPA Method 8015 in SW846. One
the total CO2 emissions that is from of each measurement device under the commenter requested that ASTM
combustion of the petrochemical mass balance option, and we are also D7633, Standard Test Method for
process off-gas in the fuel gas. This adding 40 CFR 98.247(b)(4) to require Carbon BlackCarbon Content, be
estimate will give an indication of the retention of these records. added to the list of methods because it
total petrochemical process emissions, Major changes since proposal are has recently been accepted and
whereas the CEMS data alone will also identified in the following list. The approved by ASTM. This commenter
include emissions from combustion of rationale for these and any other also noted that ASTM is currently
supplemental fuel (if any). significant changes can be found in this reviewing a method for carbon content
Finally, as proposed, we are finalizing preamble or the document, Response to in carbon black feedstock oils and
several amendments to 40 CFR Comments: Revision to Certain requested addition of a statement
98.246(b)(5). In general, as noted above, Provisions of the Mandatory Reporting indicating that once this method is
the requirements in this paragraph are of Greenhouse Gases Rule (see EPA approved and assigned an official
consistent with the requirements in 40 HQOAR20080508). number by ASTM that it is effective as
CFR 98.36(b)(9)(iii) (as numbered in this Additional methods for determining of January 1, 2010. One commenter
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action). Most of the amendments to 40 carbon content or composition of requested that EPA remove the reference
CFR 98.246(b)(5) restate requirements feedstocks and products were added to to analytical in the phrase other
from 40 CFR 98.36(b)(9)(iii); for 40 CFR 98.244(b)(4). analytical methods in proposed 40 CFR
example, the amendments clarify that For the optional combustion 98.244(b)(4)(xiii) (renumbered as
emissions are to be reported in metric method for ethylene processes, the paragraph (xv)(A) in the final
tons of each gas and in metric tons of introductory paragraph in 40 CFR amendments) so that the carbon content
CO2e. However, because 40 CFR 98.243(d) was edited to require of ethylene oxide and water solutions

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could be measured using a 98.244(b)(4)(xv)(A) of the final We are not specifically allowing the
densitometer. One commenter stated amendments. However, specifically use of a company-specific method for
that 40 CFR 98.244(b)(4) should be listing the method will make the determination of carbon content in
expanded to allow the use of an on-line demonstrating compliance more acetonitrile because we are not
mass spectrometer to determine the straightforward. convinced that it is necessary. The
carbon content and molecular weights. Second, we have deleted the word commenter indicated that they can use
One commenter stated that analytical from the phrase other EPA Method 8015 of SW846, and they
requirements for gas chromatography analytical methods in 40 CFR have not indicated any problems with
should be consistent across all subparts 98.244(b)(4)(xv)(A) of the final using this method. It is also possible
and that EPA should extend the amendments so that non-analytical that their company-specific method
requirements for the use of gas methods can be used. We agree with the would qualify as a modification to a
chromatographs under subpart C to commenter that this change is needed so listed method that would be allowed if
subpart X. Specifically, the commenter that a densitometer can be used to any of the criteria in 40 CFR
requested that the use of gas determine the carbon content in an 98.244(b)(4)(xv)(A) of the final
chromatographs be allowed, provided ethylene oxide and water solution. We amendments are met. Therefore, we
that the gas chromatograph is operated, also agree that a non-analytical have not made the requested change.
maintained, and calibrated according to alternative must be available in cases Comment: One commenter requested
the manufacturers instructions. One where the carbon content of the solution a modification to 40 CFR 98.243(c)(3)
commenter noted that the proposed cannot safely be determined using any for carbon black production processes
amendments to subpart C added of the listed analytical methods or that specifies all deliveries of a fuel or
flexibility to the carbon content analysis modifications of them. feedstock oil in a month from the same
requirements for fuels by eliminating Third, we have added the option from supply source are considered to be a
the list of specific methods and instead subpart C to use results from a gas fuel lot, and carbon content must be
allowing a broader array of methods chromatograph, provided the determined for only one representative
(i.e., industry consensus standard instrument is operated, maintained, and sample from the lot.
practice, method published by a calibrated according to the Response: Although we did not
consensus-based standards organization, manufacturers instructions. This propose amendments to the sampling
or results of gas chromatographic change means there is a common option and analysis requirements in 40 CFR
analysis). This commenter stated that in both subparts C and X, which we 98.243(c)(3), we did propose a change
the same flexibility should be allowed have determined is important because similar to that suggested by the
for feedstock and product analysis some materials may be a fuel in some commenter in 40 CFR 98.34(b)(3)(ii)(B)
under subpart X. applications and a petrochemical of subpart C for fuels. Subpart X
Response: In the preamble to the feedstock in others (e.g., ethylene currently requires you to determine the
proposed amendments we indicated feedstocks). With this change, a facility carbon content for at least one sample
that we would consider adding carbon would not have to use two methods to of each feedstock and product per
content methods for carbon black and determine the carbon content of the month. In addition, if you make more
carbon black feedstock oil if they were same material. than one valid carbon content
approved by ASTM before publication Fourth, we have added an option to measurement during the month (from
of the final amendments. Because it has use a mass spectrometer to determine separate samples), then you must
been approved by ASTM, we have the carbon content of a feedstock or average the results arithmetically. (Note
added Method D7633, Standard Test product. Although a mass spectrometer that this language does not require
Method for Carbon BlackCarbon would more commonly be used as one sampling and analysis for each delivery
Content, to 40 CFR 98.244(b)(4). We type of detector to determine the of a feedstock. Furthermore, each
have not added the requested statement concentration of individual compounds delivery of the same material, even from
regarding the method for determining separated in a gas chromatograph, using different suppliers, is not considered to
carbon content in carbon black a mass spectrometer alone to determine be a separate feedstock.) However, we
feedstock oil because we cannot cite a the overall carbon content is also agree with the commenter that if
specific method without being able to acceptable. multiple deliveries of the same
incorporate it by reference, and Finally, we have decided not to delete feedstock are received from the same
incorporation by reference is possible the list of specified methods and replace supply source, one representative
only if a copy of the method is available. them with a general statement allowing sample is sufficient for the month.
However, if this method is a current the use of any industry consensus Therefore, we have amended 40 CFR
industry standard practice, its use since standard practice or method published 98.243(c)(3) in the interest of improving
January 1, 2010, is allowed by 40 CFR by a consensus-based standards the operating flexibility of the rule. We
98.244(b)(4)(xv) of the final organization. We have received have also broadened the statement so
amendments. considerable input from the industry on that it applies for any liquid or solid
We have also decided to make four of methods that are actually being used. feedstock. Please see the amended rule
the other changes suggested by We conclude that the existing flexibility language to 40 CFR 98.243(c)(3).
commenters. First, we have added EPA in the final amendments is sufficient, Comment: One commenter stated that
Method 9060A in SW846 because a and that there is no need to allow the the proposed term each combustion
commenter indicated that it is much use of other unspecified methods. We unit in the introductory paragraph of
more effective at detecting organic recognize that this is not consistent with 40 CFR 98.243(d) appears to preclude
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compounds in a liquid waste stream the methodologies allowed for the use of the common pipe reporting
than any of the listed methods. Because determining carbon content in subpart alternative in 40 CFR 98.36(c)(3).
none of the currently listed methods C; however, we have concluded that this According to the commenter, the
effectively detect these compounds in is justified given the wide variety of common pipe option is appropriate for
the waste stream, an alternative method industries subject to subpart C versus ethylene processes, and precluding it
such as EPA Method 9060A in SW846 the more narrowly-focused sources will not improve the quality of GHG
would already be allowed under 40 CFR subject to subpart X. emission estimates. Therefore, the

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commenter requests that each subpart C * * * and we are proposing calculating emissions. We are also
combustion unit be changed to to add an additional sentence at the end finalizing corresponding amendments in
combustion units. of this section to clarify that reporters 40 CFR 98.256 as proposed to require
Response: We have made the must Calculate and report the reporting of which equation was used
suggested change in the final emissions from flares under this and, if the new equations are used,
amendments because we agree with the subpart. reporting of the additional equation
commenters assessment of the GHG emissions to report from parameters.
proposed language. We did not intend combustion of fuel gas. We are Molar volume conversion factors. We
to preclude the use of the common pipe finalizing amendments to 40 CFR are finalizing amendments to Equations
option, as evidenced by the fact that 40 98.252(a) as proposed to clarify that Y1, Y3, Y6, Y12, Y18, Y19, Y20,
CFR 98.243(d)(2)(i) and (ii) both specify reporting of CH4 and N2O emissions is and Y23 in subpart Y as proposed to
that the determination of when Tier 1 required for the stationary combustion provide two alternative values of MVC
and Tier 2 procedures may be used is units fired with fuel gas. As described depending on the standard conditions
to be based on whether there is an in Section II.G of this preamble, we are output by the flow monitors. For
existing flow meter either in the line to also amending the definition of fuel gas. reasons outlined in the Response to
the combustion device or an upstream GHG emissions to report from non- Comments: Revision to Certain
common pipe. Moreover, the reporting merchant hydrogen production process Provisions of the Mandatory Reporting
requirements in 40 CFR 98.246(c)(2) units. As proposed, we are amending 40 of Greenhouse Gases Rule (see EPA
require reporting for each stationary CFR 98.252(i) to clarify that reporting of HQOAR20080508), we are also
combustion unit, or group of stationary only CO2 emissions is required for non- finalizing a similar amendment to
sources with a common pipe. merchant hydrogen production process Equation Y2, as a logical outgrowth of
units. the proposal and comments received to
N. Subpart YPetroleum Refineries provide two alternative values of MVC
Calculating GHG emissions from fuel
1. Summary of Final Amendments and gas combustion. We are finalizing in this equation (if mass flow monitors
Major Changes Since Proposal amendments to 40 CFR 98.252(a), as are used) depending on the standard
proposed, so that petroleum refineries conditions at which the higher heating
Numerous issues have been raised by value is determined. Additionally, the
owners and operators in relation to the subject to subpart Y can use the Tier 1
or 2 methodologies in subpart C for reporting requirements related to each
requirements in subpart Y for petroleum of these equations are being amended to
refineries. The issues being addressed combustion of fuel gas when either of
the following conditions exists: include reporting of the value of MVC
by the amendments include the used to support the calculations and to
following: The annual average fuel gas flow rate
in the fuel gas line to the combustion allow verification of the reported
GHG emissions from flares. emissions.
GHG emissions to report from unit, prior to any split to individual
Combined stacks monitored by CEMS.
combustion of fuel gas. burners or ports, does not exceed 345
As proposed, we are amending the
GHG emissions to report from non- scfm at 60 F and 14.7 psia, and either
language in 40 CFR 98.253(c)(1)(ii) and
merchant hydrogen production process of the following conditions exists:
also the reporting requirements in 40
units. A flow meter is not installed at any
CFR 98.256(f)(6) to generalize the
Calculating GHG emissions from point in the line supplying fuel gas
language to include other CO2 emission
fuel gas combustion. or an upstream common pipe; or
sources, not just a CO boiler.
Calculating combustion GHG The fuel gas line contains only Nitrogen concentration monitoring to
emissions from flares and asphalt vapors from loading or unloading, determine exhaust gas flow rate. As
blowing operations controlled by waste or wastewater handling, and proposed, we are amending 40 CFR
thermal oxidizer or flare. remediation activities that are 98.253(c)(2)(ii) to renumber Equation Y
Molar volume conversion factors. combusted in a thermal oxidizer or 7 as Equation Y7a and to add an
Combined stacks monitored by thermal incinerator. Equation Y7b to provide an alternative
CEMS. The combustion unit has a maximum N2 concentration monitoring approach
Nitrogen concentration monitoring rated heat input capacity of less than for determining the exhaust gas flow
to determine exhaust gas flow rate. 30 mmBtu/hr, and either of the rate. We are also finalizing reporting
Calculating CO2 emissions from following conditions exists: requirements in 40 CFR 98.256(f)(9) to
catalytic reforming units. A flow meter is not installed at any report the input parameters for Equation
Calculating GHG emissions from point in the line supplying fuel gas Y7b if it is used.
sulfur recovery plants. or an upstream common pipe; or Calculating CO2 emissions from
Calculating CO2 emissions from The fuel gas line contains only catalytic reforming units. We are
coke calcining units. vapors from loading or unloading, finalizing amendments to the definition
Calculating CO2 emissions from waste or wastewater handling, and of the coke burn-off quantity, CBQ, and
process vents. remediation activities that are the term n in Equation Y11 in 40 CFR
Monitoring and QA/QC combusted in a thermal oxidizer or 98.253(e)(3) as proposed to clarify the
requirements. thermal incinerator. application of Equation Y11 to
Reporting requirements. Calculating combustion GHG continuously regenerated catalytic
GHG emissions from flares. We are emissions from flares and asphalt reforming units.
finalizing corrections to 40 CFR blowing operations controlled by Calculating GHG emissions from
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98.252(a) (GHGs to report) as proposed thermal oxidizer or flare. As proposed, sulfur recovery plants. We are amending
to clarify the required emissions we are finalizing amendments to 40 CFR 40 CFR 98.253(f) as proposed to add
methods for flares. We are proposing to 98.253 to renumber existing Equations and for sour gas sent off site for sulfur
amend the second sentence in 40 CFR Y1 and Y16 as Equations Y1a and recovery to clarify that this calculation
98.252(a) to correctly require reporters Y16a, and adding the more detailed methodology applies For on-site sulfur
to Calculate and report the emissions Equations Y1b and Y16b that provide recovery plants and for sour gas sent off
from stationary combustion units under more detailed alternative methods for site for sulfur recovery, * * * and to

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allow non-Claus sulfur recovery plants process vents subject to reporting under CFR 98.254(c). We are also amending 40
to alternatively follow the requirements 40 CFR 98.253(j) to comply with the CFR 98.254(c) by removing the list of
in 40 CFR 98.253(j) for process vents. monitoring requirements in 40 CFR methods as this is redundant to the
We also are finalizing amendments to 98.254(c). existing phrase, a method published by
the reporting requirements in 40 CFR A summary of the amendments to the a consensus-based standards
98.256(h) as proposed to include the monitoring and QA/QC requirements organization.
type of sulfur recovery plant, an that we are finalizing as proposed is Paragraphs (d) and (e) of 40 CFR
indication of the method used to below. Paragraph (a) of 40 CFR 98.254 98.254 are amended to allow the use of
calculate CO2 emissions, and reporting is amended to include also the phrase any chromatographic analysis to
requirements for non-Claus sulfur sources that use a CEMS to measure determine flare gas composition and
recovery plants that elect to follow the CO2 emissions according to subpart C of high heat value, as an alternative to the
requirements in 40 CFR 98.253(j) for this part * * * to separate further these methods listed in 40 CFR 98.254(d) and
process vents. sources from those that are covered by (e), provided that the gas chromatograph
Calculating CO2 emissions from coke 40 CFR 98.254(b). We also are re- is operated, maintained, and calibrated
calcining units. We are amending the wording the phrase follow the according to the manufacturers
definition of Mdust (the mass of dust monitoring and QA/QC requirements in instructions. The methods used for
collected in the dust collection system) 98.34 with meet the applicable operation, maintenance, and calibration
in Equation Y13 in 40 CFR 98.253(g) as monitoring and QA/QC requirements in of the gas chromatograph must be
proposed to clarify that dust recycled 98.34 to clarify that the monitors documented in the written monitoring
back to the coke calciner is not included must meet the requirements for the plan for the unit under 40 CFR
in the mass of dust collected in the dust specific tier for which monitoring was 98.3(g)(5). Paragraph (d) in 40 CFR
collection system (Mdust). We also are required (Tier 3 sources will comply 98.254 is also amended to apply to all
finalizing amendments to 40 CFR with the Tier 3 requirements; Tier 4 gas composition monitors, other than
98.256(i)(5), as proposed, to require sources will comply with the Tier 4 those included in 40 CFR 98.254(g), and
facilities that use Equation Y13 to requirements; etc.). not just flare gas composition monitors.
indicate whether or not the collected Because the QA/QC requirements for We are also amending 40 CFR
dust is recycled to the coke calciner. CO2 CEMS that were formerly included 98.254(d) to specify that the methods in
Calculating CO2 emissions from in 40 CFR 98.254(l) will be included in this paragraph are also to be used for
process vents. We are finalizing the amended paragraph 40 CFR determining average molecular weight
amendments to the process vent 98.254(a), we are removing 40 CFR of the gas, which is needed in Equations
requirements in 40 CFR 98.253(j) as 98.254(l). Y1a and Y3. We are also adding an
proposed to account for the additional Paragraph (b) of 40 CFR 98.254 is additional method (ASTM D250392) to
sources that may elect to use Equation amended to clarify that these this section for determining average
Y19, specifically non-Claus sulfur requirements apply to gas flow meters, molecular weight.
recovery units (as previously described) gas composition monitors, and heating We are making a number of
and uncontrolled blowdown vents value monitors other than those subject amendments to 40 CFR 98.254(f). The
(inadvertently not referenced). We are to 40 CFR 98.254(a). We are correcting term exhaust gas flow meter is
also amending the reporting the reference to paragraphs (c) through replaced with the term gas flow meter,
requirements for process vents in 40 (e) to correctly reference paragraphs as proposed.
CFR 98.256(l) as proposed to clarify that (c) through (g) as gas monitoring system We are retaining 40 CFR 98.254(f)(3)
the requirements apply to each process requirements are specified in 40 CFR and portions of 40 CFR 98.254(f)(1) but
vent, and 40 CFR 98.256(l)(5) to require 98.254(c) through (g). We are also only as general, supplementary
an indication of the measurement or clarifying that the calibration guidelines for flow monitor installation
estimation method for the volumetric requirements in 40 CFR 98.3(i) only and operation. Thus, we are amending
flow rate and the mole fraction of the apply to gas flow meters and allowing 40 CFR 98.254 to require that reporters
GHG in the vent. recalibration of gas flow meters must do all of the following:
Finally, we are finalizing amendments biennially (every two years), at the Install, operate, calibrate, and
to 40 CFR 98.253(n) as proposed to minimum frequency specified by the maintain each stack gas flow meter
delete the words equilibrium and manufacturer, or at the interval according to the requirements in 40 CFR
product-specific to clarify that the true specified by the industry consensus 63.1572(c);
vapor phase of the loading operation standard practice used. Paragraph (b) of Locate the flow monitor at a site
system should be used when 40 CFR 98.254 is also amended to that provides representative flow rates
determining whether the vapor-phase clarify that gas composition and heating (avoiding locations where there is
concentration of methane is 0.5 volume value monitors must be recalibrated swirling flow or abnormal velocity
percent or more. either annually, at the minimum distributions); and
Monitoring and QA/QC requirements. frequency specified by the Use a monitoring system capable of
We are finalizing amendments to the manufacturer, or at the interval correcting for the temperature, pressure,
monitoring and QA/QC requirements in specified by the industry consensus and moisture content to output flow in
subpart Y, 40 CFR 98.254 as proposed, standard practice used. dry standard cubic feet (standard
except as provided below. We proposed Paragraph (c) of 40 CFR 98.254 is conditions as defined in 40 CFR 98.6).
amendments to require all gas flow amended to clarify that the flare or sour We are making a technical correction
meters on process vents subject to gas flow meters must be calibrated (in to 40 CFR 98.254(g) to correct the cross-
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reporting under 40 CFR 98.253(j) to addition to operated and maintained) reference from 40 CFR 63.1572(a) to 40
comply with the monitoring using either a method published by a CFR 63.1572(c).
requirements in 40 CFR 98.254(f). consensus-based standards organization We are amending 40 CFR 98.254(h) to
However, for the reasons set forth in the (e.g., ASTM, API, etc.) or the procedures require calibration of mass measurement
Response to Comments (Section N.2. of specified by the flow meter equipment according to the procedures
this preamble), we are finalizing manufacturer. The 5 percent accuracy specified by National Institute of
amendments for gas flow meters on specification is being removed from 40 Standards and Technology (NIST)

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79126 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

Handbook 44 or the procedures Several comments were received on this the assertion that sampling these
specified by the manufacturer, and subpart. Responses to additional process off-gas or vent gases is more
removing reference to the calibration comments received can be found in the hazardous than other fuel gas streams at
requirements in 40 CFR 98.3(i). document, Response to Comments: the refinery. Therefore, we are not
Reporting requirements. This section Revision to Certain Provisions of the expanding the proposed exclusion to
covers reporting requirements that have Mandatory Reporting of Greenhouse the Tier 3 methodology for fuel gas lines
not been described in previous sections Gases Rule (see EPAHQOAR2008 that have a flow meter already installed
of this preamble. 0508). in the line or upstream common pipe.
We are amending the reporting Comment: One commenter stated that We also note that todays final
requirements in 40 CFR 98.256(e)(6) and they have identified gas streams that amendments are not imposing new
(8) for Equations Y1 (renumbered to Y would otherwise fit the requirements for requirements to sample these fuel gas
1a) and Y2, respectively, to require the use of the Tier 1 or Tier 2 streams; the October 30, 2009, final Part
reporting of whether daily or weekly methodologies, as proposed in 40 CFR 98 already required these fuel gas
measurement periods are used, for 98.252(a)(1) and (2), if it were not for the streams to be sampled for carbon
verification purposes. fact that they are equipped with flow content no less than once per calendar
In 40 CFR 98.256(f)(6), 40 CFR meters. According to the commenter, week.
98.256(h)(6), and 40 CFR 98.256(i)(6), these streams are not what industry Comment: One commenter objected to
we are amending the references to 40 would define as refinery fuel gas but the proposed revision of 40 CFR
CFR 98.36(e)(2)(vi) to reference 40 CFR would fall under the realm of fuel gas 98.254(f) to also require exhaust gas
98.36 more generally. This will make as originally defined in 40 CFR 98.6 in flow meters associated with process
the references consistent with the the October 30, 2009, final Part 98, and vents (i.e., subject to 40 CFR 98.253(j)
associated requirements in 40 CFR in the amended definition. These can requirements) to be installed, operated,
98.253. include streams that are process off-gas calibrated and maintained according the
We are amending 40 CFR 98.256(f) to or vent gases with properties much Petroleum Refineries NESHAP (40 CFR
require reporting of the unit-specific different from traditional refinery fuel part 63, subpart UUU) requirements in
emission factor for CH4 and N2O, if gas streams and are not part of the 40 CFR 63.1572(c). According to the
used, in the newly designated 40 CFR refinerys fuel gas system. According to commenter, the Petroleum Refineries
98.256(f)(11) and (12), respectively. the commenter, these off-gas streams NESHAP requirements in 40 CFR
We are amending 40 CFR 98.256(i)(8) may not be sampled currently. The 63.1572(c) contain provisions that are
to make it consistent with the commenter asserted that many of these more stringent than the monitoring and
information collected in 40 CFR streams are difficult to sample (for QA/QC requirements throughout Part
98.245(i)(7). example, because of low pressure) or 98. For example, 40 CFR 63.1572(c)
We are also amending 40 CFR may present hazardous sampling requires each monitoring system to have
98.256(j)(2) to clarify that the reporting conditions. According to the valid hourly average data from at least
requirements for asphalt blowing apply commenter, the added rigor associated 75 percent of the hours during which
at the unit level. with Tier 3 requirements is not justified the process operated and to complete a
We are also amending 40 CFR for the increased safety risk, considering minimum of one cycle of operation for
98.256(o) to re-organize the reporting the very small contribution of emissions each successive 15-minute period with
requirements to separate and clarify the (on the order of 0.1 percent of a a minimum of four successive cycles of
reporting requirement for storage tanks refinerys total greenhouse gas operation to have a valid hour of data
used for processing unstabilized crude emissions as estimated by the (or at least two if a calibration check is
oil from those reporting requirements commenter). performed during that hour or if the
for other types of storage tanks. Response: The proposed amendments continuous parameter monitoring
Major changes since proposal are provided limited exclusions to the Tier system is out-of-control). The
identified in the following list. The 3 requirement for very small fuel gas commenter stated that, since the flow
rationale for these and any other lines or combustion units that are not monitoring requirements for the
significant changes can be found in this equipped with a flow meter. As noted Petroleum Refineries NESHAP in 40
preamble or the document, Response to in the preamble of the August 11, 2010, CFR 63.1572(c) were established to
Comments: Revision to Certain proposed amendments, the exclusion demonstrate compliance with emission
Provisions of the Mandatory Reporting was specifically targeted to prevent the limits, they should not be used as a
of Greenhouse Gases Rule (see EPA need to install flow meters for these template for requirements of flow
HQOAR20080508). small fuel gas lines. EPA noted that [i]f metering for GHG reporting. The
Amending Equation Y2 in subpart flow meters are in place at the process commenter recommended that the
Y to provide two alternative values of heater or at a common pipe location, we process vent exhaust flow meter
MVC in this equation (if mass flow consider that the Tier 3 monitoring requirements should be consistent with
monitors are used) depending on the requirements are reasonable and the requirements in 40 CFR 98.254(c) for
standard conditions at which the higher justified. (See 75 FR 48772.) The flare and sour gas flow meters.
heating value is determined. commenter indicated that these gas Response: We proposed to include the
Amending requirements for gas streams could have a significantly requirements for flow meters used to
flow meters on process vents subject to different composition than typical comply with the 40 CFR 98.253(j) for
reporting under 40 CFR 98.253(j) to refinery fuel gas, which suggests the process vents within the monitoring
comply with the monitoring default fuel gas factor would have provisions of 40 CFR 98.254(f) because
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requirements in 40 CFR 98.254(c) rather considerable uncertainty for these gas these meters are exhaust gas flow meters
than 40 CFR 98.254(f). streams, further indicating that Tier 3 rather than fuel gas flow meters.
sampling is necessary. While we However, we agree with the commenter
2. Summary of Comments and recognize that there are inherent safety that the inclusion of flow meters used
Responses issues with sampling any fuel gas to comply with the 40 CFR 98.253(j)
This section contains a brief summary streams, the commenter has not within the monitoring provisions of 40
of major comments and responses. provided any supporting information for CFR 98.254(f) added new requirements

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to these flow meters. While we believe calculated using the emission factors consecutive years (25,000 mtCO2e is
that the flow meter requirements in 40 included in Table C1. We have approximately equivalent to the CO2
CFR 63.1572(c) of the Petroleum determined that this sludge falls within emissions from the combustion of 460
Refineries NESHAP are reasonable the definition of Wood and Wood mmcf of natural gas and 15,000 mtCO2e
requirements for exhaust gas flow Residuals included in Table C1. is approximately equivalent to 276
meters in general (40 CFR 63.1572(c) are Therefore, per 40 CFR 98.33(b)(1)(iii), mmcf of natural gas). The commenters
requirements for parameter monitoring emissions from the combustion of this urged EPA to clarify that the threshold
systems, not continuous emission type of sludge may be determined using for natural gas distributors (460,000
monitoring systems), we agree with the Tier 1 in subpart C. In order to further mscf) is equivalent to the threshold of
commenter that it is inappropriate to clarify this, we are adding the definition 25,000 mtCO2e wherever that metric ton
add these requirements to process vent of Wood and Wood Residuals to 40 threshold appears in the rule.
flow meters at this juncture. CFR 98.6 and including wastewater
Furthermore, the provisions in 40 CFR process sludge from paper mills in this Response: EPA has finalized an
98.253(j) allow use of process definition, as further described in applicability threshold for LDCs of
knowledge or engineering calculations Section II.F of this preamble. 460,000 mscf or more of natural gas
as an alternative to direct flow We are adding solid petroleum coke delivered per year. As noted by the
measurement. As such, it is incongruous to both Table C1 and Table AA2. We commenters, we decided that it would
to subject facilities that have flow have concluded that it is not necessary be easier for LDCs to determine whether
meters on these process vents to to have emission factors for petroleum or not they were above a reporting
additional requirements when facilities coke specific to kraft calciners in Table threshold expressed in mscf than if that
that do not have flow meters on these AA2 because we do not believe that threshold were expressed in metric tons
process vents may use process any kraft calciners are combusting this of carbon dioxide equivalent for the first
knowledge or engineering calculations. fuel, nor were any comments received year of this reporting program.
Therefore, we are finalizing suggesting this was not the case.
However, we have not changed the
requirements for flow meters used to There were no comments received
conditions for ceasing reporting. In the
comply with 40 CFR 98.253(j) for specifically on subpart AA, therefore the
amendments are being finalized as 2009 final rule, 40 CFR 98.2(i) states,
process vents to meet the monitoring
provisions of 40 CFR 98.254(c) rather proposed. Except as provided in this paragraph,
than 40 CFR 98.254(f) as was required once a facility or supplier is subject to
P. Subpart NNSuppliers of Natural the requirements of this part, the owner
per the October 30, 2009 final Part 98.
Gas and Natural Gas Liquids or operator must continue for each year
O. Subpart AAPulp and Paper thereafter to comply with all
1. Summary of Final Amendments and
Manufacturing requirements of this part, including the
Major Changes Since Proposal
1. Summary of Final Amendments and requirement to submit annual GHG
Threshold for natural gas local
Major Changes Since Proposal reports, even if the facility or supplier
distribution companies. We are
does not meet the applicability
We are amending 40 CFR 98.273(a)(1), amending 40 CFR Table A5 of subpart
(b)(1) and (c)(1) to clarify that owners A of 40 CFR part 98 to establish an requirements in paragraph (a) of this
and operators may choose to use a tier applicability threshold so that only local section in a future year. As noted by
other than Tier 1 from 40 CFR 98.33 to distribution companies (LDCs) that the commenter, facilities and suppliers
calculate fossil-fuel based CO2 deliver 460,000 thousand standard can cease reporting when reported
emissions. cubic feet (mscf) or more of natural gas emissions are below 25,000 mtCO2e for
We have removed the CO2 emission per year are subject to the reporting rule. five consecutive years or below 15,000
factors from Table AA2 and revised 40 No major changes have been made since mtCO2e for three consecutive years, as
CFR 98.273(c)(1) to direct owners and proposal. specified in 40 CFR 98.2(i)(1) and (i)(2),
operators to use the CO2 emission respectively. It is clear in the final rule
2. Summary of Comments and that other than these two exceptions, a
factors from Table C1 of subpart C to
Responses
calculate CO2 emissions from lime kilns. facility or supplier must continue to
With respect to calculating CH4 and This section contains a brief summary report even if the facility or supplier no
N2O emissions from fossil fuel of major comments and responses. longer meets the threshold for reporting
combustion at lime kilns, and consistent Several comments were received on this
EPA has concluded that applying a
with the amendments to allow use of subpart. Responses to additional
consistent threshold, expressed in
higher tiers than Tier 1 for units subject significant comments received can be
to subpart AA, we are amending 40 CFR found in the document, Response to mtCO2e, in 98.2(i)(1) and 98.2(i)(2) for
98.273(a)(2), (b)(2), and (c)(2) to allow Comments: Revision to Certain all reporters levels the playing field for
reporters to also use site-specific high Provisions of the Mandatory Reporting all reporters and is most logical. EPA
heating values, as opposed to default of Greenhouse Gases Rule (see EPA does not intend to provide equivalent
values, when calculating CH4 and N2O HQOAR20080508). thresholds under 40 CFR 98.2(i) for
emissions. We are making harmonizing Comment: Two commenters requested various categories because it becomes
amendments to the definition of EF that EPA apply the 460,000 thousand too cumbersome. LDCs are required to
under Equation AA1 to clarify that standard cubic feet (mscf) applicability report, under 40 CFR 98.406(b)(8), the
default or site-specific emission factors threshold throughout 40 CFR part 98 total annual CO2 mass emissions that
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may be used. Similarly, we are wherever a threshold is expressed in would result from complete combustion
amending 40 CFR 98.276(e) to reflect mtCO2e. Specifically, they contended of the natural gas delivered to end-users.
the option to use default or site-specific that 40 CFR 98.2(i)(1) and (2) should be By performing this required calculation,
values. changed to allow LDCs to stop reporting LDCs have the necessary data to
We are clarifying through this final if they deliver less than 460 million determine whether they may cease
rule that emissions from the combustion cubic feet (mmcf) for 5 consecutive reporting.
of wastewater treatment sludge are years or less than 276 mmcf for 3

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Q. Subpart OOSuppliers of Industrial consistent with that scope. As noted in fluorinated GHGs that were previously
Greenhouse Gases the preamble to the final Part 98 (74 FR produced does not. These quantities can
56259), and in the response to be weighed and analyzed by the facility
1. Summary of Final Amendments and
comments document, the intent of upon receipt or upon the facilitys
Major Changes Since Proposal
subpart OO is to track the quantities of conclusion that they cannot be brought
We are making several changes to fluorinated GHGs entering and leaving back to the specifications for new or
subpart OO to respond to concerns the U.S. supply of fluorinated GHGs. reusable product.
raised by producers of fluorinated GHGs Specifically, subpart OO is intended to In response to the concern regarding
regarding the scope of the monitoring address production of fluorinated GHGs, fluorinated GHGs that are produced and
and reporting requirements, and clarify not emissions or destruction of transformed at the same facility, we are
the scope and due dates for certain fluorinated GHGs that occur during the amending the definition of produce a
reporting and recordkeeping production process. fluorinated GHG to exclude the
requirements. As noted in the proposed Part 98 (74
Producers of fluorinated GHGs creation of intermediates that are
FR 16580), the production measurement
requested that EPA clarify that subpart created and transformed in a single
at 40 CFR 98.414(a) could occur
OO does not apply to fluorinated GHGs process with no storage of the
wherever it traditionally occurs, e.g., at
that are either emitted or destroyed at intermediates. We are also amending
the inlet to the day tank or at the
the facility before the fluorinated GHG the definition of produce a fluorinated
shipping dock, as long as the subpart
product is packaged for sale or for GHG in 40 CFR 98.410(b) to explicitly
OO monitoring requirements were met
shipment to another facility for include the manufacture of a
(e.g., one-percent precision and
destruction; are produced and fluorinated GHG as an isolated
accuracy for the mass produced and for
transformed at the same facility; or intermediate for use in a process that
container heels, if applicable).
occur as low-concentration constituents will result in its transformation either at
Emissions upstream of the production
(e.g., impurities) in fluorinated GHG measurement will be subject to the or outside of the production facility.
products. The producers also requested recently promulgated subpart L, which We are also adding a definition of
that EPA amend the rule to account for was signed by EPA Administrator Lisa isolated intermediate to 40 CFR
the fact that some fluorinated GHGs do Jackson on November 8, 2010 and are 98.418. Finally, we are adding
not have global warming potential not part of the subpart OO source provisions to 40 CFR 98.414, 98.416,
values (GWPs) listed in Table A1 of category. and 98.417 to clarify that isolated
subpart A. For fluorinated GHGs We are also amending 40 CFR intermediates that are produced and
without GWPs in Table A1, facilities 98.416(a)(3) and (a)(11) to limit the transformed at the same facility are
cannot calculate CO2-equivalent monitoring and reporting of destroyed exempt from subpart OO monitoring,
production as required by subpart A, fluorinated GHGs to those destroyed reporting, and recordkeeping
and importers and exporters cannot take fluorinated GHGs that were previously requirements respectively.
advantage of the reporting exemptions produced under todays revised As noted by the producers,
for small shipments under 40 CFR definition.6 Such fluorinated GHGs fluorinated GHGs that are produced and
98.416(c) and (d), which are expressed include but are not limited to quantities transformed at the same facility never
in CO2-equivalents. that are shipped to the facility by enter the U.S. supply of industrial
In response to the concern regarding another facility for destruction, and greenhouse gases; thus, they do not
fluorinated GHGs that are emitted or quantities that are returned to the need to be reported under subpart OO.
destroyed before the product is facility for reclamation but are found to This is true both of isolated
packaged for sale, we are amending the be irretrievably contaminated. While intermediates and of intermediates that
definition of produce a fluorinated monitoring of some destroyed streams are created and transformed in a single
GHG at 40 CFR 98.410(b) to explicitly appears to pose significant technical process with no storage of the
exclude the creation of fluorinated challenges,7 monitoring of quantities of intermediate. However, while we are
GHGs that are released or destroyed at excluding the latter from the definition
the production facility before the 6 In Part 98, EPA required the monitoring of all of produce a fluorinated GHG, we are
production measurement at 98.414(a). streams being destroyed because it was our including the former in that definition.
We are also removing the requirements understanding, based on conversations with
fluorinated GHG producers, that the mass flow of
This is because the manufacture of
at 40 CFR 98.414(j) and 98.416(a)(4) to destroyed fluorinated GHG streams was routinely isolated intermediates, which can lead
monitor and report the destruction of monitored. To arrive at the quantities being to emissions of those intermediates, will
fluorinated GHGs that are not included removed from the supply, EPA required facilities to be of interest under the recently
in the calculation of the mass produced estimate the share of the total quantity of
fluorinated GHGs destroyed that consisted of
promulgated subpart L and it is
in 98.413(a) because they are removed fluorinated GHGs that were not included in the desirable to use the same definition of
from the production process as by- calculation of the mass produced. This share could produce a fluorinated GHG for subpart
products or wastes. Finally, we are then be subtracted from the total to arrive at the L as for subpart OO for consistency and
modifying the requirements at 40 CFR amounts destroyed that were removed from the
supply. In other words, monitoring and reporting of
clarity. Thus, instead of excluding the
98.414(h), 98.416(a)(3), and the destruction of fluorinated GHGs that were not manufacture of isolated intermediates
98.416(a)(11) to limit them to the mass included in the mass produced was required in that are transformed at the same facility
of each fluorinated GHG that is fed into order to estimate the destruction of fluorinated from the definition of produce a
the destruction device (or destroyed in GHGs that had been produced.
7 These include (1) low-pressure conditions that
fluorinated GHG, we are adding
the case of 40 CFR 98.416(a)(3)) and that
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make it challenging to achieve good accuracies and provisions to exclude it from the
was previously produced as defined at precisions and under which the installation of a subpart OO monitoring, reporting, and
40 CFR 98.410(b). flowmeter may lead to low- or no-flow conditions, recordkeeping requirements. We are
These amendments will clarify that interfering with operations upstream of the meter, also adding a definition of isolated
the scope of subpart OO is that which (2) corrosive conditions that require the use of
Tefzel-lined flow meters, which are currently
EPA has always intended, and they will available in a limited range of sizes and precisions, vessels and columns and that make it difficult to
modify the destruction monitoring and and (3) variations in stream flow rates and select a meter that will measure the full range of
reporting requirements to be fully compositions that are associated with purging of flows to the required accuracy and precision.

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79129

intermediate that is the same as that for For purposes of fluorinated GHG and (o), instead of 98.417(j) and (k).
the recently promulgated subpart L. imports, we are defining a low- We are amending 40 CFR 98.417(b) to
In response to the concern regarding concentration constituent in 40 CFR remove the reference to the annual
fluorinated GHGs that occur as low- 98.418 as a fluorinated GHG constituent destruction device outlet reports in 40
concentration constituents of of a fluorinated GHG product that CFR 98.416(e) since no such reporting
fluorinated GHG products, we are occurs in the product in concentrations requirement exists.
defining and excluding low- below 0.5 percent by mass. We are Finally, we are amending 40 CFR
concentration constituents from the defining a higher concentration for 98.417(d)(2) to correct a typographical
monitoring, reporting, and fluorinated GHG imports than for error; that paragraph should refer to the
recordkeeping requirements for fluorinated GHG production and exports invoice for the export, rather than for
fluorinated GHG production, exports, because importers are less likely than the import.
and imports. For purposes of production producers to have detailed information EPA is making one clarifying editorial
and export, we are defining a low- on the identities and concentrations of change in the final rule amendments
concentration constituent in 40 CFR minor fluorinated GHG constituents in that was not in the proposed
98.418 as a fluorinated GHG constituent their products. amendments. As discussed above and in
of a fluorinated GHG product that In response to the concerns regarding the preamble to the proposed
occurs in the product in concentrations fluorinated GHGs that do not have amendments, 40 CFR 98.414(h) requires
below 0.1 percent by mass. This GWPs listed in Table A1, we are facilities to measure the mass of each
concentration is the same as that used amending subpart A to exempt such fluorinated GHG that is fed into the
in the definition of trace concentration compounds from the general subpart A destruction device and that was
used elsewhere in subpart OO. It is also requirement to report supply flows in previously produced. If the mass being
terms of CO2 equivalents and revising fed into the destruction device includes
consistent with industry purity
the reporting exemptions for import and more than trace concentrations of
standards for HFC refrigerants (Air-
export of small shipments to be in terms materials other than the fluorinated
Conditioning, Heating, and Refrigeration
of kilograms of fluorinated GHGs or GHG being destroyed, facilities must
Institute (AHRI) 700), for SF6 used as an
N2O, rather than tons of CO2- estimate the concentrations of the
insulator in electrical equipment
equivalents. The amendment to subpart fluorinated GHGs being destroyed. They
(International Electrotechnical
A is discussed in more detail in Section must then multiply these concentrations
Commission (IEC) 60376), and for
II.F of this preamble. The exemptions by the mass measurement to obtain the
perfluorocarbons and other fluorinated
for import and export will be applied to mass of the fluorinated GHGs fed into
GHGs used in electronics manufacturing
shipments of less than 25 kilograms of the destruction device. In the proposed
(Semiconductor Equipment and paragraph (h), the final sentence read,
fluorinated GHGs or N2O rather than to
Materials International (SEMI) C3 You must multiply this concentration
shipments of less than 250 metric tons
series). To meet these standards, which (mass fraction) by the mass
of CO2e. This will enable small
set limits that range from less than 0.1 measurement to obtain the mass of the
shipments of fluorinated GHGs to be
percent to 0.5 percent for all fluorinated fluorinated GHG destroyed. To be
exempt from reporting regardless of
GHG impurities combined, fluorinated consistent with the beginning of the
whether or not the fluorinated GHG has
GHG producers are likely to have paragraph and to be mathematically
a GWP listed in Table A1.
identified and quantified the Other corrections. We are also correct, this sentence has been corrected
concentrations of impurities at amending the reporting and in the final rule to read, You must
concentrations at or above 0.1 percent recordkeeping provisions in subpart OO multiply this concentration (mass
for the products subject to the to clarify those requirements and to fraction) by the mass measurement to
standards. Finally, below concentrations correct internal inconsistencies in the obtain the mass of the fluorinated GHG
of 0.1 percent, fluorinated GHG subpart. fed into the destruction device. As
impurities are not likely to have a We are amending the reporting specified in Equation OO4 of 40 CFR
significant impact on the GWP of the requirements in 40 CFR 98.416(a)(15) 98.413(d), the mass of the fluorinated
product. For example, if a low- and (c)(10) to remove N2O from the list GHG destroyed is obtained by
concentration constituent occurs in of GHGs that must be reported when multiplying the mass of the fluorinated
concentrations of just less than 0.1 they are transferred off site for GHG fed into the destruction device by
percent and has a GWP that is ten times destruction, because N2O transferred off the destruction efficiency of the
as large as the GWP of the main site for destruction is not required to be destruction device.
constituent of the product, it will monitored.
increase the weighted GWP of the We are amending 40 CFR 98.416(b) 2. Summary of Comments and
product by just less than one percent. and (e) to clarify the due dates of the Responses
To ensure that fluorinated GHG one-time reports required by those This section contains a brief summary
production facilities rely on data of paragraphs. The due date for the one- of major comments and responses.
known and acceptable quality when time reports is March 31, 2011, or Several comments were received on this
determining whether or not to report a within 60 days of commencing subpart. Responses to additional
minor fluorinated GHG constituent of a fluorinated GHG destruction or significant comments received can be
product, we are adding product production (as applicable). The due date found in the document, Response to
sampling and analytical requirements at in 40 CFR 98.416(e) in subpart OO was Comments: Revision to Certain
40 CFR 98.414(n), corresponding originally April 1, 2011, and there was Provisions of the Mandatory Reporting
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calibration requirements at 40 CFR no provision for fluorinated GHG of Greenhouse Gases Rule (see EPA
98.414(o), and a corresponding destruction or production commenced HQOAR20080508).
reporting requirement at 40 CFR after that date. Comment: Two commenters
98.416(f). We are also clarifying in 40 We are amending the recordkeeping expressed concerns that exempting low-
CFR 98.414(a) how to calculate requirements in 40 CFR 98.417(a)(2) to concentration constituents of products
production of each fluorinated GHG correct and update an internal reference. from monitoring and reporting would
constituent of a product. The correct reference is to 98.414(m) exempt a significant amount of

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79130 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

emissions from reporting. These percent. It is extremely unlikely that individual production wells or
commenters requested additional every HFC, PFC, and SF6 product has a production process units.
information on the GWPs of these low- PFC by-product; in fact, the highest- We are allowing suppliers to calculate
concentration constituents and on the volume products, the HFCs, are unlikely the annual mass of CO2 supplied in
emissions affected by the exemption. to have PFC by-products. Therefore, in containers by using weigh bills, scales,
Response: We analyzed the potential consideration of this analysis and the load cells, or loaded container volume
impact of low-concentration GWP analysis, we have concluded that readings as an alternative to flow
constituents on the total calculated the exemption for low-concentration meters. We are making multiple
flows of fluorinated GHGs into the U.S. constituents is very unlikely to lead to amendments to the regulatory text to
economy, considering both the possible significant errors in our understanding accommodate this provision. First, we
masses of the low-concentration of potential emissions of fluorinated are redesignating 40 CFR 98.423(b) as 40
constituents and their CO2-equivalents. GHGs from the U.S. supply. CFR 98.423(c) and adding a new 40 CFR
We concluded that at a level of 0.1 98.423(b) with calculation procedures
Comment: Two commenters
percent of production and 0.5 percent of for CO2 supplied in containers. Second,
expressed concerns regarding the
imports, identification of such we are amending the first sentence of 40
proposal to exclude from subpart OO
constituents would have a negligible CFR 98.423(a) to allow use of the
fluorinated GHGs that are emitted or
impact on the total calculated flows of alternative procedures in 40 CFR
destroyed before the fluorinated product
fluorinated GHGs into the U.S. supply. 98.423(b). Third, we are adding new
is packaged for sale. They requested that
It is important to note that, under the QA/QC procedures for suppliers of CO2
EPA ensure that these emissions were
exemption for low-concentration in containers to 40 CFR 98.424(a)(2).
fully captured under the reporting rule
constituents, the masses and CO2e of Fourth, we are adding missing data
(e.g., subpart L) and requested that EPA
low-concentration constituents are not procedures for suppliers of CO2 in
equated to zero. Instead, the mass of the document the magnitude of these containers to 40 CFR 98.425(d) and
low-concentration constituent is emissions and the identities and GWPs specifying that the missing data
assigned to the main constituent of the of the compounds emitted. procedures in 40 CFR 98.425(a) are for
product, and the GWP is assumed to be Response: As proposed, we are suppliers using flow meters. Finally, we
that of the main constituent of the excluding from the definition of are making multiple amendments to
product. Only if the GWP or produce a fluorinated GHG the regulatory text in 40 CFR 98.426 so that
atmospheric lifetime of the low- creation of fluorinated GHGs that are all data collected with weigh bills,
concentration constituent is released or destroyed at the production scales, load cells, or loaded container
significantly higher than that of the facility before the production volume readings must be reported just
main constituent is there a potential measurement. As discussed in the as for all data collected with flow
concern associated with these preamble to the proposed amendments, meters.
assumptions. such fluorinated GHGs never enter the We are removing the requirement that
As noted in the preamble to the U.S. supply of fluorinated GHGs, and CO2 measurement must be made prior to
proposed rule, low-concentration the goal of subpart OO is to monitor subsequent purification, processing, or
constituents are generally by-products fluorinated GHG flows into and out of compression at 40 CFR 98.423(a)(1),
of the reaction used to produce the this supply. However, the recently (a)(2), and (b) (which we are
fluorinated GHG product. Although we promulgated subpart L requires redesignating as 40 CFR 98.423(c)).
do not have information on every monitoring and reporting of emissions Because the purpose of subpart PP is to
product and by-product combination, that occur before the production collect accurate data on CO2 supplied to
we believe, based on the examples of measurement. We have worked to the economy, we have concluded that
which we are aware, that by-products ensure that no fluorinated GHG measurements made after purification,
rarely have GWPs that are more than ten emissions from fluorinated GHG compression, or processing will
times as large as that of the product. We production are missed under the continue to meet the level of data
analyzed the potential impact of a by- combined oversight of these two quality and accuracy needed with
product that had ten times the GWP of subparts. The magnitudes, identities, respect to subpart PP, while minimizing
the product on the weighted GWP of the and GWPs of the emissions that will be the burden on industry and providing
combination of the two. At a reported under subpart L of 40 CFR part greater flexibility in measuring CO2
concentration of 0.1 percent, the by- 98 are discussed in the preamble to the streams.
product would raise the weighted GWP proposed rule including subpart L (75 To ensure that all reporters account
(and CO2e) above that of the product by FR 18652, April 12, 2010) and in the for the appropriate quantity of CO2 in
just under one percent. Given that the Technical Support Document for situations where a CO2 stream is
impacts of most low-concentration subpart L. segregated such that only a portion is
constituents are likely to fall below this captured for commercial application or
level, we do not consider them R. Subpart PPSuppliers of Carbon for injection and where a flow meter is
significant. Dioxide used, we are making a number of
We also performed an analysis in 1. Summary of Final Amendments and amendments. First, we are adding
which we conservatively assumed that Major Changes Since Proposal language at 40 CFR 98.424(a) regarding
every HFC, PFC, and SF6 product had a flow meter location. Reporters who have
PFC by-product that was shipped along We are removing the words each a flow meter(s) on the main, captured
with it at a concentration of 0.1 percent. from 40 CFR 98.422(a) and (b). This CO2 stream(s) only must locate the flow
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This was intended to address the change will align this section with the meter(s) after the point(s) of segregation.
possibility that low-concentration requirements of the rest of subpart PP, Reporters who have a flow meter(s) on
constituents had very long atmospheric which allow for monitoring of an the main, captured CO2 stream and a
lifetimes. Based on this worst-case aggregated flow of CO2, versus subsequent flow meter(s) on the CO2
assumption, the quantity of PFCs monitoring at each production well or stream(s) diverted for on-site use and
flowing into the U.S. fluorinated GHG process unit, if the monitoring is done who choose to use the subsequent flow
supply was increased by less than 10 at a gathering point downstream of meter(s) to calculate CO2 supply (i.e. the

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79131

two meter method) must locate the main Since it was finalized (74 FR 56260, Administration food-grade
flow meter(s) prior to the point(s) of October 30, 2009), Equation PP2 allows specifications for CO2 in 40 CFR
segregation and the subsequent flow a reporter to calculate annual mass of 98.424(b)(2) to correct a typographical
meter(s) on the CO2 stream(s) for on-site CO2 with an input for CO2 concentration error. The correct reference is 21 CFR
use after the point(s) of segregation. We in weight percent and an input for 184.1240, not 21 CFR 184.1250.
are also amending existing language in density of the CO2 stream. So that Major changes since proposal are
40 CFR 98.424(a) to reference this new reporters can avail themselves of the identified in the following list. The
requirement. Second, we are amending density value for CO2 being finalized in rationale for these and any other
40 CFR 98.423(a)(3) to provide reporters this action, however, Equation PP2 can significant changes can be found in this
using the two meter approach a new now also be used to calculate annual preamble or the document, Response to
equation (Equation PP3b) to calculate mass of CO2 with an input for CO2 Comments: Revision to Certain
total CO2 supplied. As a harmonizing concentration in volume percent and an Provisions of the Mandatory Reporting
change, we are redesignating Equation input for density of CO2. We note that of Greenhouse Gases Rule (see EPA
PP3 as Equation PP3a. Third, we are when we proposed this action, we did HQOAR20080508).
amending 40 CFR 98.426(c) so that not propose to revise the definitions of We are adding a second aggregation
reporters using the new Equation PP3b the input variables because we equation (Equation PP3b) with
are required to report the equation erroneously overlooked the mismatch appropriate flow meter location
inputs and output and the location of between the density value we were requirements so that a reporter can
flow meters with respect to the point of providing (CO2) and the density value select either the one-meter or two-meter
segregation. required by Equation PP2 (the CO2 approach for calculating total annual
Because the amendments will allow stream). In order to provide all reporters mass of CO2.
flow meters to be located after with lower burden calculation We are revising the definitions of
purification, compression, or procedures, as intended by proposing a two of the input variables to Equation
processing, we are adding data reporting density value for CO2, we are correcting PP2 in paragraphs 40 CFR 98.423(a)(2)
requirements in 40 CFR 98.426 to this omission and harmonizing Equation and (b)(2) so that the equation can be
collect additional information on flow PP2 with the finalized density value. used to calculate annual mass of CO2
meter location. Specifically, we are We note that the revision to the two with an input for CO2 concentration in
adding that facilities will report input variables is being applied for both either volume percent and an input for
information on the placement of each reporters using flow meters and density of CO2, or weight percent CO2
flow meter used in relation to the points reporters using containers. and the density of the whole stream.
of CO2 stream capture, dehydration, Third, we are amending 40 CFR 2. Summary of Comments and
compression, and other processing. 98.426(b)(3) and (b)(4) to require that for Responses
Knowing where in the production volumetric flow meters, the reporter
process the flow meter is located will must report quarterly concentration This section contains a brief summary
enable EPA to effectively compare data either in volume or weight percent and of major comments and responses.
across reporters and learn about the a density value for either CO2 or the CO2 Several comments were received on this
efficacy of various CO2 stream capture stream, depending on which of the two subpart. Responses to additional
processes. equation input descriptions provided significant comments received can be
We are specifying standard conditions the reporter uses. found in the document, Response to
under subpart PP as a temperature and Fourth, we are amending language in Comments: Revision to Certain
an absolute pressure of 60 F and 1 40 CFR 98.424(a)(5), (a)(5)(i) and Provisions of the Mandatory Reporting
atmosphere. It is our understanding that (a)(5)(ii) to allow reporters to choose of Greenhouse Gases Rule (see EPA
60 F and 1 atmosphere (which is either a method published by a HQOAR20080508).
equivalent to 14.7 psia) are more consensus-based standards organization Comment: One commenter asserted
commonly used by the industries or an industry standard practice to that one of their facilities has already
covered by subpart PP. determine the density of the CO2 stream. installed a CO2 meter prior to
We are making several amendments to We are also replacing the word purification, processing, or
allow the reporter to determine the mass measure with the word determine. compressionas was required by 40
of a CO2 stream by converting the Previously, subpart PP required a CFR 98.424 when Part 98 was finalized
volumetric flow of the CO2 stream from reporter to use an appropriate method (74 FR 56260, October 30, 2009)and
operating conditions to standard published by a consensus-based because this facility has segregation, this
conditions and then applying the standards organization to measure results in a flow meter location prior to
density value for CO2 at standard density for CO2 at standard conditions, segregation. The commenter suggested
conditions and the measured if such a method existed. Only where no that this facility and others like it
concentration of CO2 in the flow as a such method existed could an industry should be allowed to keep their flow
volume percent. First, we are specifying standard practice be used. However, we meters in place rather than be required
that, at the revised standard conditions, have been unable to identify any to move them to a location after
the density of CO2 is 0.001868 metric method published by a consensus-based segregation, as was proposed in the
tons per standard cubic meter. This is standards organization for measuring amendments of August 11, 2010. The
slightly different than the density value the density of the CO2 stream. commenter suggested a two-meter
proposed (0.018704) as the result of Therefore, we are providing reporters approach, whereby a facility locates a
additional research we have conducted. with more flexibility on this main flow meter prior to segregation on
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We are specifying that a reporter who requirement so that they can use an the main, captured CO2 stream and a
applies the density value for CO2 at industry standard practice to calculate subsequent flow meter after segregation
standard conditions must use this the density of the CO2 stream rather on the diverted CO2 stream and then
specified value. than directly measure density with an calculates the CO2 for off-site
Second, we are revising the instrument, if preferred. commercial use as the difference
definitions of two of the input variables Finally, we are amending the between the two. The commenter stated
to Equation PP2 in paragraph (a)(2). reference to the U.S. Food and Drug that this two-meter approach should be

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79132 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

equally acceptable to the approach approved the information collection emissions using readily available data or
proposed. requirements contained in the data that are less expensive to collect
Response: EPA agrees that a reporter regulations promulgated on October 30, such as process data or material
can calculate CO2 supplied for 2009, under 40 CFR part 98 under the consumption data. For some source
commercial transaction or injection provisions of the Paperwork Reduction categories, EPA developed tiered
with sufficient accuracy with the two- Act, 44 U.S.C. 3501 et seq. and has methods that are simpler and less
meter approach suggested by the assigned OMB control number 2060 burdensome. Also, EPA required annual
commenter, as long as the CO2 stream 0629. Burden is defined at 5 CFR instead of more frequent reporting.
diverted for on site use is the only CO2 1320.3(b). An agency may not conduct Finally, EPA continues to conduct
stream diversion after the location of the or sponsor, and a person is not required significant outreach on the mandatory
main flow meter. If any of the main CO2 to respond to, a collection of GHG reporting rule and maintains an
stream remaining after on-site diversion information unless it displays a open door policy for stakeholders to
is further diverted (to a vent for currently valid OMB control number. help inform EPAs understanding of key
emission, for example) then the The OMB control numbers for EPAs issues for the industries.
difference between the captured CO2 regulations in 40 CFR are listed in 40
D. Unfunded Mandates Reform Act
stream and the CO2 stream diverted for CFR part 9.
Further information on EPAs (UMRA)
on-site use will not be an accurate
reflection of the CO2 supplied for assessment on the impact on burden can This action contains no Federal
commercial transaction or injection. be found in the Revisions Cost Memo mandates under the provisions of Title
Therefore, EPA is finalizing two (EPAHQOAR20080508). II of the Unfunded Mandates Reform
approaches for calculating CO2 Act of 1995 (UMRA), 2 U.S.C. 1531
C. Regulatory Flexibility Act (RFA) 1538 for State, local, or tribal
supplied, including aggregation
equations with flow meter location The RFA generally requires an agency governments or the private sector. The
requirements, so that a reporter can to prepare a regulatory flexibility action imposes no enforceable duty on
select either the one-meter or two-meter analysis of any rule subject to notice any State, local or tribal governments or
approach. However, we are specifying and comment rulemaking requirements the private sector. In addition, EPA
in the monitoring and QA/QC under the Administrative Procedure Act determined that the rule amendments
requirements (40 CFR 98.424) that a or any other statute unless the agency contain no regulatory requirements that
reporter may only follow the two-meter certifies that the rule will not have a might significantly or uniquely affect
approach if the CO2 stream(s) for on-site significant economic impact on a small governments because the
use is/are the only diversion(s) from the substantial number of small entities. amendments will not impose any new
main, captured CO2 stream after the Small entities include small businesses, requirements that are not currently
small organizations, and small required by the rule promulgated on
main flow meter(s) location.
governmental jurisdictions. October 30, 2009 (i.e., calculating and
III. Statutory and Executive Order For purposes of assessing the impacts reporting annual GHG emissions), and
Reviews of these amendments on small entities, the rule amendments will not unfairly
small entity is defined as: (1) A small apply to small governments. Therefore,
A. Executive Order 12866: Regulatory
business as defined by the Small this action is not subject to the
Planning and Review
Business Administrations regulations at requirements of section 203 of the
This action is not a significant 13 CFR 121.201; (2) a small UMRA.
regulatory action under the terms of governmental jurisdiction that is a
Executive Order 12866 (58 FR 51735, E. Executive Order 13132: Federalism
government of a city, county, town,
October 4, 1993) and is therefore not school district or special district with a This action does not have federalism
subject to review under the executive population of less than 50,000; and (3) implications. It will not have substantial
order. a small organization that is any not-for- direct effects on the States, on the
profit enterprise which is independently relationship between the national
B. Paperwork Reduction Act government and the States, or on the
owned and operated and is not
This action does not impose any new dominant in its field. distribution of power and
information collection burden. These After considering the economic responsibilities among the various
amendments do not make substantive impacts of these rule amendments on levels of government, as specified in
changes to the reporting requirements in small entities, I certify that this action Executive Order 13132. However, for a
any of the amended subparts. In many will not have a significant economic more detailed discussion about how
cases, the amendments to the reporting impact on a substantial number of small these rule amendments will relate to
requirements reduce the reporting entities. existing State programs, please see
burden by making the reporting The rule amendments will not impose Section II of the preamble for the
requirements conform more closely to any new significant requirements on proposed GHG reporting rule (74 FR
current industry practices. While the small entities that are not currently 16457 to 16461, April 10, 2009).
final rule results in a net decrease in required by the rules promulgated on These amendments apply directly to
collection burden, there is a new October 30, 2009 (i.e., calculating and facilities that supply fuel that when
reporting requirement for facilities with reporting annual GHG emissions). used emit greenhouse gases or facilities
part 75 units. Previously, facilities with Broadly, in developing the 2009 final that directly emit greenhouses gases.
these units had the option of reporting rule EPA took several steps to reduce They do not apply to governmental
srobinson on DSKHWCL6B1PROD with RULES2

biogenic CO2 emissions separately. This the impact on small entities. For entities unless the government entity
final rule requires separate reporting of example, EPA determined appropriate owns a facility that directly emits
biogenic CO2 emissions beginning in thresholds that reduced the number of greenhouse gases above threshold levels
2011; however facilities may use small businesses reporting. In addition, (such as a landfill or stationary
simplified methods based on available EPA did not require facilities to install combustion source), so relatively few
information. The Office of Management CEMS if they did not already have them. government facilities will be affected.
and Budget (OMB) has previously Facilities without CEMS can calculate This regulation also does not limit the

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79133

power of States or localities to collect use voluntary consensus standards in its Method 8021B, Aromatic And
GHG data and/or regulate GHG regulatory activities unless to do so Halogenated Volatiles By Gas
emissions. Thus, Executive Order 13132 would be inconsistent with applicable Chromatography Using Photoionization
does not apply to this action. law or otherwise impractical. Voluntary And/Or Electrolytic Conductivity
Although section 6 of Executive Order consensus standards are technical Detectors, Revision 2, December 1996
13132 does not apply to this action, EPA standards (e.g., materials specifications, (Method 8021B). http://www.epa.gov/
did consult with State and local officials test methods, sampling procedures, and osw/hazard/testmethods/sw846/pdfs/
or representatives of State and local business practices) that are developed or 8021b.pdf; in EPA Publication No. SW
governments in developing the 2009 adopted by voluntary consensus 846, Test Methods for Evaluating Solid
final rule. A summary of EPAs standards bodies. NTTAA directs EPA Waste, Physical/Chemical Methods,
consultations with State and local to provide Congress, through OMB, Third Edition; IBR approved for 40 CFR
governments is provided in Section explanations when the Agency decides 98.244(b)(4)(viii).
VIII.E of the preamble to the 2009 final not to use available and applicable Method 8031, Acrylonitrile By Gas
rule (74 FR 56260, October 30, 2009). voluntary consensus standards. Chromatography, Revision 0, September
This rulemaking involves the use of 1994 (Method 8031), http://www.epa.
F. Executive Order 13175: Consultation two new voluntary consensus standards gov/osw/hazard/testmethods/sw846/
and Coordination With Indian Tribal from ASTM International. Specifically, pdfs/8031.pdf; in EPA Publication No.
Governments EPA will allow facilities in the SW846, Test Methods for Evaluating
This action does not have tribal petroleum refining and petrochemical Solid Waste, Physical/Chemical
implications, as specified in Executive production industries to use ASTM Methods, Third Edition; IBR approved
Order 13175 (65 FR 67249, November 9, D259393(2009) Standard Test Method for 40 CFR 98.244(b)(4)(viii).
2000). The rule amendments will not for Butadiene Purity and Hydrocarbon Method 9060A, Total Organic
result in any changes to the Impurities by Gas Chromatography, and Carbon, Revision 1, November 2004
requirements of Part 98. Thus, Executive ASTM D763310 Standard Test Method (Method 9060A), http://www.epa.gov/
Order 13175 does not apply to this for Carbon BlackCarbon Content, in osw/hazard/testmethods/sw846/pdfs/
action. addition to the methods incorporated by 9060a.pdf; in EPA Publication No. SW
Although Executive Order 13175 does reference in Part 98. These additional 846, Test Methods for Evaluating Solid
not apply to this action, EPA sought voluntary consensus standards will Waste, Physical/Chemical Methods,
opportunities to provide information to provide alternative method that owners Third Edition; IBR approved for 40 CFR
Tribal governments and representatives or operators in these industries can use 98.244(b)(4)(viii).
during the development of the rules to monitor GHG emissions. These methods are being added by the
promulgated on October 30, 2009. A This rulemaking also involves the use final rule amendments as a result of
summary of the EPAs consultations of several standard methods that are in working with affected industries to
with Tribal officials is provided EPA publications. These include the identify existing methods that can be
Sections VIII.E and VIII.F of the following: used to provide the data needed to
preamble to the final GHG Reporting Protocol for Measurement of calculate GHG emissions, proposing the
Rule (74 FR 56260, October 30, 2009). Tetrafluoromethane (CF4) and addition of the methods, and
Hexafluoroethane (C2F6) Emissions from considering the public comments on the
G. Executive Order 13045: Protection of Primary Aluminum Production (April addition of the methods in the final rule
Children From Environmental Health 2008); IBR approved for 40 CFR making.
Risks and Safety Risks 98.64(a). No new test methods were developed
EPA interprets Executive Order 13045 AP 42, Section 5.2, Transportation for this action.
(62 FR 19885, April 23, 1997) as and Marketing of Petroleum Liquids,
July 2008 (AP 42, Section 5.2); http:// J. Executive Order 12898: Federal
applying only to those regulatory Actions To Address Environmental
actions that concern health or safety www.epa.gov/ttn/chief/ap42/ch05/final/
c05s02.pdf; in Chapter 5, Petroleum Justice in Minority Populations and
risks, such that the analysis required Low-Income Populations
under section 5501 of the Executive Industry, of AP 42, Compilation of Air
Order has the potential to influence the Pollutant Emission Factors, 5th Edition, Executive Order 12898 (59 FR 7629,
regulation. This action is not subject to Volume I; IBR approved for 40 CFR February 16, 1994) establishes federal
Executive Order 13045 because it does 98.253(n). executive policy on environmental
not establish an environmental standard AP 42, Section 7.1, Organic Liquid justice. Its main provision directs
intended to mitigate health or safety Storage Tanks, November 2006 (AP 42, Federal agencies, to the greatest extent
risks. Section 7.1), http://www.epa.gov/ttn/ practicable and permitted by law, to
chief/ap42/ch07/final/c07s01.pdf; in make environmental justice part of their
H. Executive Order 13211: Actions That Chapter 7, Liquid Storage Tanks, of AP mission by identifying and addressing,
Significantly Affect Energy Supply, 42, Compilation of Air Pollutant as appropriate, disproportionately high
Distribution, or Use Emission Factors, 5th Edition, Volume and adverse human health or
This action is not subject to Executive 1; IBR approved for 40 CFR 98.243(m)(1) environmental effects of their programs,
Order 13211 (66 FR 28355 (May 22, and 40 CFR 98.256(o)(2)(i). policies, and activities on minority
2001)), because it is not a significant Method 8015C, Nonhalogenated populations and low-income
regulatory action under Executive Order Organics By Gas Chromatography, populations in the United States.
12866. Revision 3, February 2007 (Method EPA has determined that Part 98 does
srobinson on DSKHWCL6B1PROD with RULES2

8015C), http://www.epa.gov/osw/ not have disproportionately high and


I. National Technology Transfer and hazard/testmethods/sw846/pdfs/ adverse human health or environmental
Advancement Act 8015c.pdf; in EPA Publication No. SW effects on minority or low-income
Section 12(d) of the National 846, Test Methods for Evaluating Solid populations because it does not affect
Technology Transfer and Advancement Waste, Physical/Chemical Methods, the level of protection provided to
Act of 1995 (NTTAA), Public Law 104 Third Edition; IBR approved for 40 CFR human health or the environment
113 (15 U.S.C. 272 note) directs EPA to 98.244(b)(4)(viii). because it is a rule addressing

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information collection and reporting (c) * * * (iii) Annual emissions from each
procedures. (1) Facility name or supplier name (as applicable source category, expressed in
appropriate), and physical street address metric tons of each applicable GHG
K. Congressional Review Act
of the facility or supplier, including the listed in paragraphs (c)(12)(iii)(A)
The Congressional Review Act, 5 city, State, and zip code. through (c)(12)(iii)(E) of this section.
U.S.C. 801 et seq., as added by the Small * * * * * (A) Biogenic CO2 (excluding biogenic
Business Regulatory Enforcement (4) For facilities, except as otherwise CO2 emissions from part 75 units).
Fairness Act of 1996 (SBREFA), provided in paragraph (c)(12) of this (B) CO2. You must include biogenic
generally provides that before a rule section, report annual emissions of CO2, CO2 emissions from part 75 units in
may take effect, the agency CH4, N2O, and each fluorinated GHG (as these totals and exclude biogenic CO2
promulgating the rule must submit a defined in 98.6) as follows. emissions from other non-part 75 units
rule report, which includes a copy of (i) Annual emissions (excluding and other source categories.
the rule, to each House of the Congress biogenic CO2) aggregated for all GHG (C) CH4.
and to the Comptroller General of the from all applicable source categories, (D) N2O.
United States. EPA will submit a report expressed in metric tons of CO2e (E) Each fluorinated GHG (including
containing this rule and other required calculated using Equation A1 of this those not listed in Table A1 of this
information to the U.S. Senate, the U.S. subpart. subpart).
House of Representatives, and the (ii) Annual emissions of biogenic CO2 (d) * * *
Comptroller General of the U.S. prior to aggregated for all applicable source (3) * * * An owner or operator that
publication of the rule in the Federal categories, expressed in metric tons. submits an abbreviated report must
Register. A major rule cannot take effect (iii) Annual emissions from each submit a full GHG report according to
until 60 days after it is published in the applicable source category, expressed in the requirements of paragraph (c) of this
Federal Register. This action is not a metric tons of each applicable GHG section beginning in calendar year 2012.
major rule as defined by 5 U.S.C. listed in paragraphs (c)(4)(iii)(A) ***
804(2). This rule will be effective on through (c)(4)(iii)(E) of this section. * * * * *
December 31, 2010. * * * * * (f) Verification. To verify the
List of Subjects in 40 CFR Part 98 (vi) Applicable source categories completeness and accuracy of reported
means stationary fuel combustion GHG emissions, the Administrator may
Environmental protection, review the certification statements
sources (subpart C of this part),
Administrative practice and procedure, described in paragraphs (c)(9) and
miscellaneous use of carbonates
Greenhouse gases, Incorporation by (d)(3)(vi) of this section and any other
(subpart U of this part), and all of the
reference, Suppliers, Reporting and credible evidence, in conjunction with a
source categories listed in Table A3
recordkeeping requirements. comprehensive review of the GHG
and Table A4 of this subpart present at
Dated: November 24, 2010. the facility. reports and periodic audits of selected
Lisa P. Jackson, (5) * * * reporting facilities. * * *
Administrator. (i) * * * For fluorinated GHGs, (g) * * *
For the reasons stated in the preamble, calculate and report CO2e for only those (4) Missing data computations. For
title 40, chapter I, of the Code of Federal fluorinated GHGs listed in Table A1 of each missing data event, also retain a
Regulations is amended as follows: this subpart. record of the cause of the event and the
* * * * * corrective actions taken to restore
PART 98[AMENDED] (12) For the 2010 reporting year only, malfunctioning monitoring equipment.
facilities that have part 75 units (i.e. (5) * * *
1. The authority citation for part 98 (iii) The owner or operator shall
continues to read as follows: units that are subject to subpart D of this
part or units that use the methods in revise the GHG Monitoring Plan as
Authority: 42 U.S.C. 74017671q. part 75 of this chapter to quantify CO2 needed to reflect changes in production
mass emissions in accordance with processes, monitoring instrumentation,
Subpart A[Amended] and quality assurance procedures; or to
98.33(a)(5)) must report annual GHG
2. Section 98.3 is amended by: emissions either in full accordance with improve procedures for the maintenance
a. Revising paragraphs (c)(1), (c)(4) paragraphs (c)(4)(i) through (c)(4)(iii) of and repair of monitoring systems to
introductory text, (c)(4)(i), (c)(4)(ii), and this section or in full accordance with reduce the frequency of monitoring
(c)(4)(iii) introductory text. paragraphs (c)(12)(i) through (c)(12)(iii) equipment downtime.
b. Adding paragraph (c)(4)(vi). of this section. If the latter reporting * * * * *
c. Adding a new sentence to the end option is chosen, you must report: (h) Annual GHG report revisions. (1)
of paragraph (c)(5)(i). (i) Annual emissions aggregated for all The owner or operator shall submit a
d. Adding paragraph (c)(12). GHG from all applicable source revised annual GHG report within 45
e. Revising the third sentence of categories, expressed in metric tons of days of discovering that an annual GHG
paragraph (d)(3) introductory text. CO2e calculated using Equation A1 of report that the owner or operator
f. Revising the first sentence of this subpart. You must include biogenic previously submitted contains one or
paragraph (f). CO2 emissions from part 75 units in more substantive errors. The revised
g. Revising paragraphs (g)(4) and report must correct all substantive
these annual emissions, but exclude
(g)(5)(iii). biogenic CO2 emissions from any non- errors.
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h. Revising paragraph (h).


part 75 units and other source (2) The Administrator may notify the
i. Revising paragraph (i).
j. Adding paragraph (j).
categories. owner or operator in writing that an
(ii) Annual emissions of biogenic CO2, annual GHG report previously
98.3 What are the general monitoring, expressed in metric tons (excluding submitted by the owner or operator
reporting, recordkeeping and verification biogenic CO2 emissions from part 75 contains one or more substantive errors.
requirements of this part? units), aggregated for all applicable Such notification will identify each
* * * * * source categories. such substantive error. The owner or

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operator shall, within 45 days of receipt information is specified in an be calibrated according to one of the
of the notification, either resubmit the applicable subpart of this part to following: You may use the
report that, for each identified quantify fuel usage and/or other manufacturers recommended
substantive error, corrects the identified parameters. Further, the provisions of procedures; an appropriate industry
substantive error (in accordance with this paragraph (i) do not apply to consensus standard method; or a
the applicable requirements of this part) stationary fuel combustion units that method specified in a relevant subpart
or provide information demonstrating use the methodologies in part 75 of this of this part. The calibration method(s)
that the previously submitted report chapter to calculate CO2 mass used shall be documented in the
does not contain the identified emissions. monitoring plan required under
substantive error or that the identified (1) Except as otherwise provided in paragraph (g) of this section.
error is not a substantive error. paragraphs (i)(4) through (i)(6) of this (ii) For facilities and suppliers that
(3) A substantive error is an error that section, flow meters that measure liquid become subject to this part after April 1,
impacts the quantity of GHG emissions and gaseous fuel feed rates, process 2010, all flow meters and other
reported or otherwise prevents the stream flow rates, or feedstock flow measurement devices (if any) that are
reported data from being validated or rates and provide data for the GHG required by the relevant subpart(s) of
verified. emissions calculations shall be this part to provide data for the GHG
(4) Notwithstanding paragraphs (h)(1) calibrated prior to April 1, 2010 using emissions calculations shall be installed
and (h)(2) of this section, upon request the procedures specified in this no later than the date on which data
by the owner or operator, the paragraph (i) when such calibration is collection is required to begin using the
Administrator may provide reasonable specified in a relevant subpart of this measurement device, and the initial
extensions of the 45-day period for part. Each of these flow meters shall calibration(s) required by this paragraph
submission of the revised report or meet the applicable accuracy (i) (if any) shall be performed no later
information under paragraphs (h)(1) and specification in paragraph (i)(2) or (i)(3) than that date.
(h)(2) of this section. If the of this section. All other measurement (iii) Except as otherwise provided in
Administrator receives a request for devices (e.g., weighing devices) that are paragraphs (i)(4) through (i)(6) of this
extension of the 45-day period, by e- required by a relevant subpart of this section, subsequent recalibrations of the
mail to an address prescribed by the part, and that are used to provide data flow meters and other measurement
Administrator, at least two business for the GHG emissions calculations, devices subject to the requirements of
days prior to the expiration of the 45- shall also be calibrated prior to April 1, this paragraph (i) shall be performed at
day period, and the Administrator does 2010; however, the accuracy one of the following frequencies:
not respond to the request by the end of specifications in paragraphs (i)(2) and (A) You may use the frequency
such period, the extension request is (i)(3) of this section do not apply to specified in each applicable subpart of
deemed to be automatically granted for these devices. Rather, each of these this part.
30 more days. During the automatic 30- measurement devices shall be calibrated (B) You may use the frequency
day extension, the Administrator will to meet the accuracy requirement recommended by the manufacturer or
determine what extension, if any, specified for the device in the by an industry consensus standard
beyond the automatic extension is applicable subpart of this part, or, in the practice, if no recalibration frequency is
reasonable and will provide any such absence of such accuracy requirement, specified in an applicable subpart.
additional extension. the device must be calibrated to an (2) Perform all flow meter calibration
(5) The owner or operator shall retain accuracy within the appropriate error at measurement points that are
documentation for 3 years to support range for the specific measurement representative of the normal operating
any revision made to an annual GHG technology, based on an applicable range of the meter. Except for the
report. operating standard, including but not orifice, nozzle, and venturi flow meters
(i) Calibration accuracy requirements. limited to manufacturers specifications described in paragraph (i)(3) of this
The owner or operator of a facility or and industry standards. The procedures section, calculate the calibration error at
supplier that is subject to the and methods used to quality-assure the each measurement point using Equation
requirements of this part must meet the data from each measurement device A2 of this section. The terms R and
applicable flow meter calibration and shall be documented in the written A in Equation A2 must be expressed
accuracy requirements of this paragraph monitoring plan, pursuant to paragraph in consistent units of measure (e.g.,
(i). The accuracy specifications in this (g)(5)(i)(C) of this section. gallons/minute, ft3/min). The
paragraph (i) do not apply where either (i) All flow meters and other calibration error at each measurement
the use of company records (as defined measurement devices that are subject to point shall not exceed 5.0 percent of the
in 98.6) or the use of best available the provisions of this paragraph (i) must reference value.

Where: of the differential pressure (delta-P), Calculate the calibration error of each
srobinson on DSKHWCL6B1PROD with RULES2

CE = Calibration error (%). total pressure, and temperature transmitter at each measurement point,
R = Reference value. transmitters. using Equation A3 of this subpart. The
A = Flow meter response to the reference (i) Calibrate each transmitter at a zero terms R, A, and FS in Equation A
value. 3 of this subpart must be in consistent
point and at least one upscale point.
Fixed reference points, such as the units of measure (e.g., milliamperes,
(3) For orifice, nozzle, and venturi
freezing point of water, may be used for inches of water, psi, degrees). For each
flow meters, the initial quality
temperature transmitter calibrations. transmitter, the CE value at each
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assurance consists of in-situ calibration

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79136 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

measurement point shall not exceed 2.0 calculated CE values for the three upscale level) does not exceed 6.0
percent of full-scale. Alternatively, the transmitters at each calibration level percent.
results are acceptable if the sum of the (i.e., at the zero level and at each

Where: paragraph (g)(5)(i)(C) of this section. industry consensus calibration


CE = Calibration error (%). You must also include the data from the schedule.
R = Reference value. demonstration, the mathematical (6) For units and processes that
A = Transmitter response to the reference correlation(s) between the remote operate continuously with infrequent
value.
readings and actual flow meter outages, it may not be possible to meet
FS = Full-scale value of the transmitter.
conditions derived from the data, and the April 1, 2010 deadline for the initial
(ii) In cases where there are only two any supporting engineering calculations calibration of a flow meter or other
transmitters (i.e., differential pressure in the GHG Monitoring Plan. You must measurement device without disrupting
and either temperature or total pressure) maintain all of this information in a normal process operation. In such cases,
in the immediate vicinity of the flow format suitable for auditing and the owner or operator may postpone the
meters primary element (e.g., the orifice inspection. initial calibration until the next
plate), or when there is only a (D) You must use the mathematical scheduled maintenance outage. The best
differential pressure transmitter in close correlation(s) derived from the available information from company
proximity to the primary element, demonstration described in paragraph records may be used in the interim. The
calibration of these existing transmitters (i)(3)(ii)(A) of this section to convert the subsequent required recalibrations of
to a CE of 2.0 percent or less at each remote temperature or the total pressure the flow meters may be similarly
measurement point is still required, in readings, or both, to the actual postponed. Such postponements shall
accordance with paragraph (i)(3)(i) of temperature or total pressure at the flow be documented in the monitoring plan
this section; alternatively, when two meter, or both, on a daily basis. You that is required under paragraph (g)(5)
transmitters are calibrated, the results shall then use the actual temperature of this section.
are acceptable if the sum of the CE and total pressure values to correct the (7) If the results of an initial
values for the two transmitters at each measured flow rates to standard calibration or a recalibration fail to meet
calibration level does not exceed 4.0 conditions. the required accuracy specification, data
percent. However, note that installation from the flow meter shall be considered
and calibration of an additional (E) You shall periodically check the
invalid, beginning with the hour of the
transmitter (or transmitters) at the flow correlation(s) between the remote and
failed calibration and continuing until a
monitor location to measure actual readings (at least once a year),
successful calibration is completed. You
temperature or total pressure or both is and make any necessary adjustments to
shall follow the missing data provisions
not required in these cases. Instead, you the mathematical relationship(s).
provided in the relevant missing data
may use assumed values for temperature (4) Fuel billing meters are exempted sections during the period of data
and/or total pressure, based on from the calibration requirements of this invalidation.
measurements of these parameters at a section and from the GHG Monitoring (j) Measurement device installation
remote location (or locations), provided Plan and recordkeeping provisions of (1) General. If an owner or operator
that the following conditions are met: paragraphs (g)(5)(i)(C), (g)(6), and (g)(7) required to report under subpart P,
(A) You must demonstrate that of this section, provided that the fuel subpart X or subpart Y of this part has
measurements at the remote location(s) supplier and any unit combusting the process equipment or units that operate
can, when appropriate correction factors fuel do not have any common owners continuously and it is not possible to
are applied, reliably and accurately and are not owned by subsidiaries or install a required flow meter or other
represent the actual temperature or total affiliates of the same company. Meters measurement device by April 1, 2010,
pressure at the flow meter under all used exclusively to measure the flow (or by any later date in 2010 approved
expected ambient conditions. rates of fuels that are used for unit by the Administrator as part of an
(B) You must make all temperature startup are also exempted from the extension of best available monitoring
and/or total pressure measurements in calibration requirements of this section. methods per paragraph (d) of this
the demonstration described in (5) For a flow meter that has been section) without process equipment or
paragraph (i)(3)(ii)(A) of this section previously calibrated in accordance unit shutdown, or through a hot tap, the
with calibrated gauges, sensors, with paragraph (i)(1) of this section, an owner or operator may request an
transmitters, or other appropriate additional calibration is not required by extension from the Administrator to
measurement devices. At a minimum, the date specified in paragraph (i)(1) of delay installing the measurement device
calibrate each of these devices to an this section if, as of that date, the until the next scheduled process
accuracy within the appropriate error previous calibration is still active (i.e., equipment or unit shutdown. If
range for the specific measurement the device is not yet due for approval for such an extension is
technology, according to one of the recalibration because the time interval granted by the Administrator, the owner
srobinson on DSKHWCL6B1PROD with RULES2

following. You may calibrate using a between successive calibrations has not or operator must use best available
manufacturers specification or an elapsed). In this case, the deadline for monitoring methods during the
industry consensus standard. the successive calibrations of the flow extension period.
(C) You must document the methods meter shall be set according to one of (2) Requests for extension of the use
used for the demonstration described in the following. You may use either the of best available monitoring methods for
paragraph (i)(3)(ii)(A) of this section in manufacturers recommended measurement device installation. The
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the written GHG Monitoring Plan under calibration schedule or you may use the owner or operator must first provide the

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Administrator an initial notification of (5) Approval criteria. The owner or 3. Section 98.4 is amended by revising
the intent to submit an extension operator must demonstrate to the paragraphs (i)(2) and (m)(2)(i) to read as
request for use of best available Administrators satisfaction that it is not follows:
monitoring methods beyond December reasonably feasible to install the
98.4 Authorization and responsibilities of
31, 2010 (or an earlier date approved by measurement device before April 1, the designated representative.
EPA) in cases where measurement 2010 (or by the expiration date for the
device installation would require a * * * * *
use of best available monitoring (i) * * *
process equipment or unit shutdown, or methods, in cases where an extension (2) The name, organization name
could only be done through a hot tap. has been granted under paragraph (d) of (company affiliation-employer), address,
The owner or operator must follow-up this section) without a process e-mail address (if any), telephone
this initial notification with the equipment or unit shutdown, or through number, and facsimile transmission
complete extension request containing a hot tap, and that the proposed method number (if any) of the designated
the information specified in paragraph for estimating GHG emissions during representative and any alternate
(j)(4) of this section. the time before which the measurement designated representative.
(3) Timing of request. (i) The initial device will be installed is appropriate.
notice of intent must be submitted no * * * * *
The Administrator will not initially (m) * * *
later than January 1, 2011, or by the end approve the use of the proposed best (2) * * *
of the approved use of best available (i) The name, organization name
available monitoring method past
monitoring methods extension in 2010, (company affiliation-employer) address,
December 31, 2013.
whichever is earlier. The completed e-mail address (if any), telephone
extension request must be submitted to (6) Measurement device installation
number, and facsimile transmission
the Administrator no later than deadline. Any owner or operator that number (if any) of such designated
February 15, 2011. submits both a timely initial notice of representative or alternate designated
(ii) Any subsequent extensions to the intent and a timely completed extension representative.
original request must be submitted to request under paragraph (j)(3) of this
* * * * *
the Administrator within 4 weeks of the section to extend use of best available 4. Section 98.6 is amended by:
owner or operator identifying the need monitoring methods for measurement
a. Adding in alphabetical order
to extend the request, but in any event device installation must install all such definitions for Agricultural by-
no later than 4 weeks before the date for devices by July 1, 2011 unless the products, Primary fuel, Solid by-
the planned process equipment or unit extension request under this paragraph products, Used oil, and Wood
shutdown that was provided in the (j) is approved by the Administrator residuals.
original request. before July 1, 2011. b. Revising the definitions for Bulk
(4) Content of the request. Requests (7) One time extension past December natural gas liquid or NGL, Distillate
must contain the following information: 31, 2013. If an owner or operator Fuel Oil, Fossil fuel, Fuel gas,
(i) Specific measurement device for determines that a scheduled process Municipal solid waste or MSW,
which the request is being made and the equipment or unit shutdown will not Natural gas, Natural gas liquids
location where each measurement (NGLs) and Standard conditions or
occur by December 31, 2013, the owner
device will be installed. standard temperature and pressure
or operator may re-apply to use best
(ii) Identification of the specific rule (STP).
available monitoring methods for one
requirements (by rule subpart, section, c. Removing the definition for Fossil
additional time period, not to extend
and paragraph numbers) requiring the fuel-fired.
beyond December 31, 2015. To extend
measurement device.
use of best available monitoring 98.6 Definitions.
(iii) A description of the reasons why
methods past December 31, 2013, the * * * * *
the needed equipment could not be
installed before April 1, 2010, or by the owner or operator must submit a new Agricultural by-products means those
expiration date for the use of best extension request by June 1, 2013 that parts of arable crops that are not used
available monitoring methods, in cases contains the information required in for the primary purpose of producing
where an extension has been granted paragraph (j)(4) of this section. The food. Agricultural by-products include,
under 98.3(d). owner or operator must demonstrate to but are not limited to, oat, corn and
(iv) Supporting documentation the Administrators satisfaction that it wheat straws, bagasse, peanut shells,
showing that it is not practicable to continues to not be reasonably feasible rice and coconut husks, soybean hulls,
isolate the process equipment or unit to install the measurement device before palm kernel cake, cottonseed and
and install the measurement device December 31, 2013 without a process sunflower seed cake, and pomace.
without a full shutdown or a hot tap, equipment or unit shutdown, or that * * * * *
and that there was no opportunity installation of the measurement device Bulk natural gas liquid or NGL refers
during 2010 to install the device. could only be done through a hot tap, to mixtures of hydrocarbons that have
Include the date of the three most recent and that the proposed method for been separated from natural gas as
shutdowns for each relevant process estimating GHG emissions during the liquids through the process of
equipment or unit, the frequency of time before which the measurement absorption, condensation, adsorption, or
shutdowns for each relevant process device will be installed is appropriate. other methods. Generally, such liquids
equipment or unit, and the date of the An owner or operator that submits a consist of ethane, propane, butanes, and
srobinson on DSKHWCL6B1PROD with RULES2

next planned process equipment or unit request under this paragraph to extend pentanes plus. Bulk NGL is sold to
shutdown. use of best available monitoring fractionators or to refineries and
(v) Include a description of the methods for measurement device petrochemical plants where the
proposed best available monitoring installation must install all such devices fractionation takes place.
method for estimating GHG emissions by December 31, 2013, unless the * * * * *
during the time prior to installation of extension request under this paragraph Distillate fuel oil means a
the meter. is approved by the Administrator. classification for one of the petroleum

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fractions produced in conventional non-hydrocarbon gases found in sludge from paper mills, trim, sander
distillation operations and from crackers geologic formations beneath the earths dust, and sawdust from wood products
and hydrotreating process units. The surface, of which the principal manufacturing (including resinated
generic term distillate fuel oil includes constituent is methane. Natural gas may wood product residuals), and logging
kerosene, kerosene-type jet fuel, diesel be field quality or pipeline quality. residues.
fuels (Diesel Fuels No. 1, No. 2, and No. Natural gas liquids (NGLs) means * * * * *
4), and fuel oils (Fuel Oils No. 1, No. 2, those hydrocarbons in natural gas that
5. Section 98.7 is amended by:
and No. 4). are separated from the gas as liquids
a. Removing and reserving paragraph
* * * * * through the process of absorption,
(b).
Fossil fuel means natural gas, condensation, adsorption, or other b. Revising paragraphs (d)(1) through
petroleum, coal, or any form of solid, methods. Generally, such liquids consist
(d)(10).
liquid, or gaseous fuel derived from of ethane, propane, butanes, and c. Removing paragraph (d)(11).
such material, for purpose of creating pentanes plus. Bulk NGLs refers to d. Revising paragraph (e)(4).
useful heat. mixtures of NGLs that are sold or e. Removing and reserving paragraph
* * * * * delivered as undifferentiated product (e)(7).
Fuel gas means gas generated at a from natural gas processing plants. f. Revising paragraphs (e)(8), (e)(10),
petroleum refinery or petrochemical * * * * * (e)(11), (e)(14) and (e)(15).
plant and that is combusted separately Primary fuel means the fuel that g. Revising paragraphs (e)(19) and
or in any combination with any type of provides the greatest percentage of the (e)(20).
gas. annual heat input to a stationary fuel h. Revising paragraphs (e)(24) through
* * * * * combustion unit. (e)(27).
Municipal solid waste or MSW means * * * * * i. Removing and reserving paragraph
solid phase household, commercial/ Solid by-products means plant matter (e)(28).
retail, and/or institutional waste. such as vegetable waste, animal j. Revising paragraph (e)(30).
Household waste includes material materials/wastes, and other solid k. Revising paragraph (e)(33).
discarded by single and multiple biomass, except for wood, wood waste, l. Revising paragraph (e)(36).
residential dwellings, hotels, motels, and sulphite lyes (black liquor). m. Removing and reserving paragraph
and other similar permanent or * * * * * (e)(39).
temporary housing establishments or Standard conditions or standard n. Adding paragraphs (e)(48) and
facilities. Commercial/retail waste temperature and pressure (STP), for the (e)(49).
includes material discarded by stores, purposes of this part, means either 60 or o. Removing and reserving paragraph
offices, restaurants, warehouses, non- 68 degrees Fahrenheit and 14.7 pounds (f)(1).
manufacturing activities at industrial per square inch absolute. p. Revising paragraph (f)(2).
q. Removing and reserving paragraph
facilities, and other similar * * * * *
establishments or facilities. Institutional Used oil means a petroleum-derived (g)(3).
r. Revising paragraph (m)(3).
waste includes material discarded by or synthetically-derived oil whose
s. Adding paragraphs (m)(8) through
schools, nonmedical waste discarded by physical properties have changed as a
hospitals, material discarded by non- result of handling or use, such that the (m)(14).
manufacturing activities at prisons and oil cannot be used for its original 98.7 What standardized methods are
government facilities, and material purpose. Used oil consists primarily of incorporated by reference into this part?
discarded by other similar automotive oils (e.g., used motor oil, * * * * *
establishments or facilities. Household, transmission oil, hydraulic fluids, brake (d) * * *
commercial/retail, and institutional fluid, etc.) and industrial oils (e.g., (1) ASME MFC3M2004
wastes include yard waste, refuse- industrial engine oils, metalworking Measurement of Fluid Flow in Pipes
derived fuel, and motor vehicle oils, process oils, industrial grease, etc). Using Orifice, Nozzle, and Venturi,
maintenance materials. Insofar as there * * * * * incorporation by reference (IBR)
is separate collection, processing and Wood residuals means materials approved for 98.124(m)(1), 98.324(e),
disposal of industrial source waste recovered from three principal sources: 98.354(d), 98.354(h), 98.344(c) and
streams consisting of used oil, wood Municipal solid waste (MSW); 98.364(e).
pallets, construction, renovation, and construction and demolition debris; and (2) ASME MFC4M1986 (Reaffirmed
demolition wastes (which includes, but primary timber processing. Wood 1997) Measurement of Gas Flow by
is not limited to, railroad ties and residuals recovered from MSW include Turbine Meters, IBR approved for
telephone poles), paper, clean wood, wooden furniture, cabinets, pallets and 98.124(m)(2), 98.324(e), 98.344(c),
plastics, industrial process or containers, scrap lumber (from sources 98.354(h), and 98.364(e).
manufacturing wastes, medical waste, other than construction and demolition (3) ASME MFC5M1985 (Reaffirmed
motor vehicle parts or vehicle fluff, or activities), and urban tree and landscape 1994) Measurement of Liquid Flow in
used tires that do not contain hazardous residues. Wood residuals from Closed Conduits Using Transit-Time
waste identified or listed under 42 construction and demolition debris Ultrasonic Flow Meters, IBR approved
U.S.C. 6921, such wastes are not originate from the construction, repair, for 98.124(m)(3) and 98.354(d).
municipal solid waste. However, such remodeling and demolition of houses (4) ASME MFC6M1998
wastes qualify as municipal solid waste and non-residential structures. Wood Measurement of Fluid Flow in Pipes
srobinson on DSKHWCL6B1PROD with RULES2

where they are collected with other residuals from primary timber Using Vortex Flowmeters, IBR approved
municipal solid waste or are otherwise processing include bark, sawmill slabs for 98.124(m)(4), 98.324(e),
combined with other municipal solid and edgings, sawdust, and peeler log 98.344(c), 98.354(h), and 98.364(e).
waste for processing and/or disposal. cores. Other sources of wood residuals (5) ASME MFC7M1987 (Reaffirmed
* * * * * include, but are not limited to, railroad 1992) Measurement of Gas Flow by
Natural gas means a naturally ties, telephone and utility poles, pier Means of Critical Flow Venturi Nozzles,
occurring mixture of hydrocarbon and and dock timbers, wastewater process IBR approved for 98.124(m)(5),

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79139

98.324(e), 98.344(c), 98.354(h), and Structural Group Analysis of Petroleum Content, approved May 15, 2010, IBR
98.364(e). Oils by the n-d-M Method, IBR approved for 98.244(b)(4)(xii).
(6) ASME MFC9M1988 (Reaffirmed approved for 98.74(c) and 98.164(b). * * * * *
2001) Measurement of Liquid Flow in (20) ASTM D358898 (Reapproved (f) * * *
Closed Conduits by Weighing Method, 2003) Standard Practice for Calculating (1) [Reserved]
IBR approved for 98.124(m)(6). Heat Value, Compressibility Factor, and (2) GPA 226100 Analysis for Natural
(7) ASME MFC11M2006 Relative Density of Gaseous Fuels, IBR Gas and Similar Gaseous Mixtures by
Measurement of Fluid Flow by Means of approved for 98.254(e). Gas Chromatography, IBR approved for
Coriolis Mass Flowmeters, IBR * * * * * 98.164(b), 98.254(d), 98.344(b), and
approved for 98.124(m)(7), 98.324(e), (24) ASTM D480906 Standard Test 98.354(g).
98.344(c), and 98.354(h). Method for Heat of Combustion of * * * * *
(8) ASME MFC14M2003 Liquid Hydrocarbon Fuels by Bomb (m) * * *
Measurement of Fluid Flow Using Small Calorimeter (Precision Method), IBR (3) Protocol for Measuring Destruction
Bore Precision Orifice Meters, IBR approved for 98.254(e). or Removal Efficiency (DRE) of
approved for 98.124(m)(8), 98.324(e), (25) ASTM D489189 (Reapproved Fluorinated Greenhouse Gas Abatement
98.344(c), 98.354(h), and 98.364(e). 2006) Standard Test Method for Heating Equipment in Electronics
(9) ASME MFC162007 Value of Gases in Natural Gas Range by Manufacturing, Version 1, EPA430R
Measurement of Liquid Flow in Closed Stoichiometric Combustion, IBR 10003, March 2010 (EPA 430R10
Conduits with Electromagnetic Flow approved for 98.254(e) and 003), http://www.epa.gov/
Meters, IBR approved for 98.354(d). 98.324(d). semiconductor-pfc/documents/dre_
(10) ASME MFC18M2001 (26) ASTM D529102 (Reapproved protocol.pdf, IBR approved for
Measurement of Fluid Flow Using 2007) Standard Test Methods for 98.94(f)(4)(i), 98.94(g)(3),
Variable Area Meters, IBR approved for Instrumental Determination of Carbon, 98.97(d)(4), 98.98, 98.124(e)(2), and
98.324(e), 98.344(c), 98.354(h), and Hydrogen, and Nitrogen in Petroleum 98.414(n)(1).
98.364(e). Products and Lubricants, IBR approved
(e) * * * * * * * *
for 98.74(c), 98.164(b), 98.244(b),
(4) ASTM D24002 (Reapproved (8) Protocol for Measurement of
and 98.254(i).
2007) Standard Test Method for Heat of (27) ASTM D537308 Standard Test Tetrafluoromethane (CF4) and
Combustion of Liquid Hydrocarbon Methods for Instrumental Determination Hexafluoroethane (C2F6) Emissions from
Fuels by Bomb Calorimeter, IBR of Carbon, Hydrogen, and Nitrogen in Primary Aluminum Production (2008),
approved for 98.254(e). Laboratory Samples of Coal, IBR http://www.epa.gov/highgwp/
approved for 98.74(c), 98.114(b), aluminum-pfc/documents/
* * * * *
(8) ASTM D182694 (Reapproved 98.164(b), 98.174(b), 98.184(b), measureprotocol.pdf, IBR approved for
2003) Standard Test Method for 98.244(b), 98.254(i), 98.274(b), 98.64(a).
(9) AP 42, Section 5.2, Transportation
Calorific (Heating) Value of Gases in 98.284(c), 98.284(d), 98.314(c),
and Marketing of Petroleum Liquids,
Natural Gas Range by Continuous 98.314(d), 98.314(f), and 98.334(b).
July 2008, (AP 42, Section 5.2); http://
Recording Calorimeter, IBR approved * * * * * www.epa.gov/ttn/chief/ap42/ch05/final/
for 98.254(e). (30) ASTM D634803 Standard Test c05s02.pdf; in Chapter 5, Petroleum
* * * * * Method for Determination of Gaseous Industry, of AP 42, Compilation of Air
(10) ASTM D194503 Standard Test Compounds by Extractive Direct Pollutant Emission Factors, 5th Edition,
Method for Analysis of Natural Gas by Interface Fourier Transform Infrared Volume I, IBR approved for 98.253(n).
Gas Chromatography, IBR approved for (FTIR) Spectroscopy, IBR approved for (10) Method 9060A, Total Organic
98.74(c), 98.164(b), 98.244(b), 98.54(b), 98.124(e)(2), 98.224(b), Carbon, Revision 1, November 2004
98.254(d), 98.324(d), 98.354(g), and and 98.414(n). (Method 9060A), http://www.epa.gov/
98.344(b). * * * * * osw/hazard/testmethods/sw846/pdfs/
(11) ASTM D194690 (Reapproved (33) ASTM D686608 Standard Test 9060a.pdf; in EPA Publication No. SW
2006) Standard Practice for Analysis of Methods for Determining the Biobased 846, Test Methods for Evaluating Solid
Reformed Gas by Gas Chromatography, Content of Solid, Liquid, and Gaseous Waste, Physical/Chemical Methods,
IBR approved for 98.74(c), 98.164(b), Samples Using Radiocarbon Analysis, Third Edition, IBR approved for
98.254(d), 98.324(d), 98.344(b), IBR approved for 98.34(d), 98.34(e), 98.244(b)(4)(viii).
98.354(g), and 98.364(c). and 98.36(e). (11) Method 8031, Acrylonitrile By
* * * * * * * * * * Gas Chromatography, Revision 0,
(14) ASTM D250204 Standard Test (36) ASTM D745908 Standard September 1994 (Method 8031), http://
Method for Estimation of Mean Relative Practice for Collection of Integrated www.epa.gov/osw/hazard/testmethods/
Molecular Mass of Petroleum Oils From Samples for the Speciation of Biomass sw846/pdfs/8031.pdf; in EPA
Viscosity Measurements, IBR approved (Biogenic) and Fossil-Derived Carbon Publication No. SW846, Test Methods
for 98.74(c). Dioxide Emitted from Stationary for Evaluating Solid Waste, Physical/
(15) ASTM D250392 (Reapproved Emissions Sources, IBR approved for Chemical Methods, Third Edition, IBR
2007) Standard Test Method for Relative 98.34(d), 98.34(e), and 98.36(e). approved for 98.244(b)(4)(viii).
Molecular Mass (Molecular Weight) of * * * * * (12) Method 8021B, Aromatic and
Hydrocarbons by Thermoelectric (48) ASTM D259393 (Reapproved Halogenated Volatiles By Gas
srobinson on DSKHWCL6B1PROD with RULES2

Measurement of Vapor Pressure, IBR 2009) Standard Test Method for Chromatography Using Photoionization
approved for 98.74(c) and Butadiene Purity and Hydrocarbon and/or Electrolytic Conductivity
98.254(d)(6). Impurities by Gas Chromatography, Detectors, Revision 2, December 1996
* * * * * approved July 1, 2009, IBR approved for (Method 8021B). http://www.epa.gov/
(19) ASTM D323895 (Reapproved 98.244(b)(4)(xi). osw/hazard/testmethods/sw846/pdfs/
2005) Standard Test Method for (49) ASTM D763310 Standard Test 8021b.pdf; in EPA Publication No. SW
Calculation of Carbon Distribution and Method for Carbon BlackCarbon 846, Test Methods for Evaluating Solid

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79140 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

Waste, Physical/Chemical Methods, (c) For a unit that combusts hazardous u. Revising the second sentence of
Third Edition, IBR approved for waste (as defined in 261.3 of this paragraph (c)(2).
98.244(b)(4)(viii). chapter), reporting of GHG emissions is v. In paragraph (c)(4) introductory
(13) Method 8015C, Nonhalogenated not required unless either of the text, revising the only sentence and
Organics By Gas Chromatography, following conditions apply: revising the definition of (HI)A in
Revision 3, February 2007 (Method * * * * * Equation C10.
8015C). http://www.epa.gov/osw/ (d) You are not required to report w. Revising paragraphs (c)(4)(i) and
hazard/testmethods/sw846/pdfs/ GHG emissions from pilot lights. A pilot (c)(4)(ii).
8015c.pdf; in EPA Publication No. SW light is a small auxiliary flame that x. Revising paragraph (c)(5).
846, Test Methods for Evaluating Solid ignites the burner of a combustion y. Adding paragraph (c)(6).
Waste, Physical/Chemical Methods, device when the control valve opens.
z. In paragraph (d)(1), revising the first
Third Edition, IBR approved for 8. Section 98.32 is revised to read as sentence, adding a second sentence, and
98.244(b)(4)(viii). follows: revising the definition of R in
(14) AP 42, Section 7.1, Organic Equation C11.
Liquid Storage Tanks, November 2006 98.32 GHGs to report.
You must report CO2, CH4, and N2O aa. Revising paragraphs (d)(2),
(AP 42, Section 7.1), http://www.epa.
mass emissions from each stationary paragraph (e) introductory text,
gov/ttn/chief/ap42/ch07/final/
fuel combustion unit, except as paragraph (e)(1), and paragraph (e)(2)
c07s01.pdf; in Chapter 7, Liquid Storage
otherwise indicated in this subpart. introductory text.
Tanks, of AP 42, Compilation of Air
Pollutant Emission Factors, 5th Edition, 9. Section 98.33 is amended by: bb. Revising the definition of Fc in
Volume I, IBR approved for a. Revising paragraph (a) introductory Equation C13 of paragraph (e)(2)(iii).
98.253(m)(1) and 98.256(o)(2)(i). text and paragraph (a)(1). cc. Revising paragraphs (e)(2)(iv),
b. Revising the definition of HHV in (e)(2)(vi)(C), and (e)(3).
6. Table A5 to subpart A of part 98
Equation C2a of paragraph (a)(2)(i). dd. Removing paragraph (e)(4).
is amended by revising the entry for c. Revising the first two sentences of
paragraph (B) under the heading ee. Redesignating paragraph (e)(5) as
paragraph (a)(2)(ii) introductory text. (e)(4).
Natural gas and natural gas liquids d. In paragraph (a)(2)(ii)(A), revising
suppliers (subpart NN) to read as ff. Revising the first sentence of newly
the first sentence and the definitions of
follows: designated paragraph (e)(4).
(HHV)i, (Fuel)i, and n in Equation
gg. Adding paragraph (e)(5).
C2b.
TABLE A5 TO SUBPART A OF PART e. Revising paragraph (a)(2)(ii)(B). 98.33 Calculating GHG emissions.
98SUPPLIER CATEGORY LIST FOR f. Revising the definitions of CC,
98.2(A)(4) MW, and MVC in Equation C5 of * * * * *
paragraph (a)(3)(iii). (a) CO2 emissions from fuel
Supplier Categories a Applicable in 2010 g. Revising paragraphs (a)(3)(iv), combustion. Calculate CO2 mass
and Future Years (a)(3)(v), (a)(4)(iii), and (a)(4)(iv). emissions by using one of the four
h. Adding paragraph (a)(4)(viii). calculation methodologies in paragraphs
i. Revising paragraphs (a)(5) (a)(1) through (a)(4) of this section,
* * * * * introductory text, (a)(5)(i) introductory subject to the applicable conditions,
Natural gas and natural gas liquids suppliers text, (a)(5)(i)(A), (a)(5)(i)(B), (a)(5)(ii) requirements, and restrictions set forth
(subpart NN) in paragraph (b) of this section.
introductory text, (a)(5)(ii)(A), (a)(5)(iii)
introductory text, (a)(5)(iii)(A), and Alternatively, for units that meet the
* * * * *
(B) Local natural gas distribution companies (a)(5)(iii)(B). conditions of paragraph (a)(5) of this
that deliver 460,000 thousand standard j. Redesignating paragraph section, you may use CO2 mass
cubic feet or more of natural gas per year. (a)(5)(iii)(D) as paragraph (a)(5)(iv), and emissions calculation methods from
revising newly designated paragraph part 75 of this chapter, as described in
* * * * * (a)(5)(iv). paragraph (a)(5) of this section. For
a Suppliers
k. Revising paragraph (b)(1)(iv). units that combust both biomass and
are defined in each applicable l. Adding paragraphs (b)(1)(v),
subpart. fossil fuels, you must calculate and
(b)(1)(vi) and (b)(1)(vii). report CO2 emissions from the
Subpart C[Amended] m. Revising paragraphs (b)(2)(ii), combustion of biomass separately using
(b)(3)(ii)(A), (b)(3)(iii) introductory text, the methods in paragraph (e) of this
7. Section 98.30 is amended by: and (b)(3)(iii)(B). section, except as otherwise provided in
a. Revising paragraph (b)(4). n. Adding paragraph (b)(3)(iv). paragraphs (a)(5)(iv) and (e) of this
o. Adding a second sentence to
b. Revising paragraph (c) introductory section and in 98.36(d).
text. paragraph (b)(4)(i).
p. Revising paragraphs (b)(4)(ii)(A),
(1) Tier 1 Calculation Methodology.
c. Adding paragraph (d). Calculate the annual CO2 mass
(b)(4)(ii)(B), (b)(4)(ii)(E), (b)(4)(ii)(F), and
(b)(4)(iii) introductory text. emissions for each type of fuel by using
98.30 Definition of the source category.
q. Adding paragraph (b)(4)(iv). Equation C1, C1a, or C1b of this
* * * * * section (as applicable).
r. Revising paragraph (b)(5) and the
(b) * * * (i) Use Equation C1 except when
third sentence of paragraph (b)(6).
(4) Flares, unless otherwise required
srobinson on DSKHWCL6B1PROD with RULES2

s. Revising paragraph (c)(1) natural gas billing records are used to


by provisions of another subpart of this introductory text and the definition of quantify fuel usage and gas
part to use methodologies in this HHV in Equation C8. consumption is expressed in units of
subpart. t. Adding paragraphs (c)(1)(i) and therms or million Btu. In that case, use
* * * * * (c)(1)(ii). Equation C1a or C1b, as applicable.

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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 79141

Where: for gaseous fuel, and volume in gallons 1 103 = Conversion factor from kilograms
CO2 = Annual CO2 mass emissions for the for liquid fuel). to metric tons.
HHV = Default high heat value of the fuel,
specific fuel type (metric tons).
Fuel = Mass or volume of fuel combusted per
from Table C1 of this subpart (mmBtu (ii) If natural gas consumption is
per mass or mmBtu per volume, as obtained from billing records and fuel
year, from company records as defined applicable).
in 98.6 (express mass in short tons for usage is expressed in therms, use
EF = Fuel-specific default CO2 emission
solid fuel, volume in standard cubic feet factor, from Table C1 of this subpart (kg Equation C1a.
CO2/mmBtu).

Where: EF = Fuel-specific default CO2 emission (iii) If natural gas consumption is


CO2 = Annual CO2 mass emissions from factor for natural gas, from Table C1 of obtained from billing records and fuel
this subpart (kg CO2/mmBtu).
natural gas combustion (metric tons). usage is expressed in mmBtu, use
0.1 = Conversion factor from therms to
Gas = Annual natural gas usage, from billing mmBtu Equation C1b.
records (therms). 1 103 = Conversion factor from kilograms
to metric tons.

Where: appropriate substitute data value scf per kg mole if you select 60 F as
CO2 = Annual CO2 mass emissions from (mmBtu per mass or volume). standard temperature.
natural gas combustion (metric tons). (Fuel)I = Mass or volume of the fuel * * * * *
Gas = Annual natural gas usage, from billing combusted during month i, from (iv) Fuel flow meters that measure
records (mmBtu). company records (express mass in short mass flow rates may be used for liquid
EF = Fuel-specific default CO2 emission tons for solid fuel, volume in standard
cubic feet for gaseous fuel, and volume
or gaseous fuels, provided that the fuel
factor for natural gas, from Table C1 of
this subpart (kg CO2/mmBtu). in gallons for liquid fuel). density is used to convert the readings
1 103 = Conversion factor from kilograms n = Number of months in the year that the to volumetric flow rates. The density
to metric tons. fuel is burned in the unit. shall be measured at the same frequency
as the carbon content. You must
(2) * * * (B) If the results of fuel sampling are
(i) * * * measure the density using one of the
received less frequently than monthly, following appropriate methods. You
HHV = Annual average high heat value of the or, for a unit with a maximum rated heat may use a method published by a
fuel (mmBtu per mass or volume). The input capacity less than 100 mmBtu/hr
average HHV shall be calculated
consensus-based standards organization,
(or a group of such units) regardless of if such a method exists, or you may use
according to the requirements of the HHV sampling frequency, the
paragraph (a)(2)(ii) of this section. industry standard practice. Consensus-
annual average HHV shall either be based standards organizations include,
* * * * * computed according to paragraph
(ii) The minimum required sampling but are not limited to, the following:
(a)(2)(ii)(A) of this section or as the ASTM International (100 Barr Harbor
frequency for determining the annual arithmetic average HHV for all values
average HHV (e.g., monthly, quarterly, Drive, P.O. Box CB700, West
for the year (including valid samples Conshohocken, Pennsylvania 19428
semi-annually, or by lot) is specified in and substitute data values under
98.34. The method for computing the B2959, (800) 2621373, http://
98.35). www.astm.org), the American National
annual average HHV is a function of
* * * * * Standards Institute (ANSI, 1819 L
unit size and how frequently you
perform or receive from the fuel (3) * * * Street, NW., 6th floor, Washington, DC
supplier the results of fuel sampling for (iii) * * * 20036, (202) 2938020, http://
HHV. * * * www.ansi.org), the American Gas
CC = Annual average carbon content of the
(A) If the results of fuel sampling are gaseous fuel (kg C per kg of fuel). The
Association (AGA), 400 North Capitol
received monthly or more frequently, annual average carbon content shall be Street, NW., 4th Floor, Washington, DC
then for each unit with a maximum determined using the same procedures as 20001, (202) 8247000, http://
rated heat input capacity greater than or specified for HHV in paragraph (a)(2)(ii) www.aga.org), the American Society of
ER17DE10.017</GPH>

equal to 100 mmBtu/hr (or for a group of this section. Mechanical Engineers (ASME, Three
of units that includes at least one unit MW = Annual average molecular weight of Park Avenue, New York, NY 10016
the gaseous fuel (kg/kg-mole). The 5990, (800) 8432763, http://
srobinson on DSKHWCL6B1PROD with RULES2

of that size), the annual average HHV


annual average molecular weight shall be www.asme.org), the American
shall be calculated using Equation C2b determined using the same procedures as
of this section. * * * Petroleum Institute (API, 1220 L Street,
ER17DE10.016</GPH>

specified for HHV in paragraph (a)(2)(ii)


* * * * * of this section.
NW., Washington, DC 200054070,
(HHV)I = Measured high heat value of the MVC = Molar volume conversion factor at (202) 6828000, http://www.api.org),
fuel, for month i (which may be the standard conditions, as defined in 98.6. and the North American Energy
arithmetic average of multiple Use 849.5 scf per kg mole if you select Standards Board (NAESB, 801 Travis
68 F as standard temperature and 836.6
ER17DE10.015</GPH>

determinations), or, if applicable, an Street, Suite 1675, Houston, TX 77002,

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79142 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

(713) 3560060, http://www.api.org). moisture values specified in are required, except where the option to
The method(s) used shall be 75.11(b)(1) of this chapter. use moisture data from a RATA is
documented in the GHG Monitoring Alternatively, for any type of fuel, you selected, and the applicable regulation
Plan required under 98.3(g)(5). may determine an appropriate site- allows a single moisture determination
(v) The following default density specific default moisture value (or to represent two or more RATA runs. In
values may be used for fuel oil, in lieu values), using measurements made with that case, you may base the site-specific
of using the methods in paragraph EPA Method 4Determination Of moisture percentage on the number of
(a)(3)(iv) of this section: 6.8 lb/gal for Moisture Content In Stack Gases, in moisture runs allowed by the RATA
No. 1 oil; 7.2 lb/gal for No. 2 oil; 8.1 lb/ appendix A3 to part 60 of this chapter. regulation. Calculate each site-specific
gal for No. 6 oil. Moisture data from the relative accuracy default moisture value by taking the
* * * * * test audit (RATA) of a CEMS may be arithmetic average of the Method 4 runs.
(4) * * * used for this purpose. If this option is Each site-specific moisture default value
(iii) If the CO2 concentration is selected, the site-specific moisture shall be updated whenever the owner or
measured on a dry basis, a correction for default value(s) must represent the operator believes the current value is
the stack gas moisture content is fuel(s) or fuel blends that are combusted non-representative, due to changes in
required. You shall either continuously in the unit during normal, stable unit or process operation, but in any
monitor the stack gas moisture content operation, and must account for any event no less frequently than annually.
using a method described in distinct difference(s) in the stack gas Use the updated moisture value in the
75.11(b)(2) of this chapter or use an moisture content associated with subsequent CO2 emissions calculations.
appropriate default moisture percentage. different process operating conditions. For each unit operating hour, a moisture
For coal, wood, and natural gas For each site-specific default moisture correction must be applied to Equation
combustion, you may use the default percentage, at least nine Method 4 runs C6 of this section as follows:

Where: or some other similar process, and then Equation C7 in paragraph (a)(4)(ii) of
CO2* = Hourly CO2 mass emission rate, exhausts through a stack that is not this section to make this correction;
corrected for moisture (metric tons/hr). equipped with the continuous emission replace the word Hourly with the
CO2 = Hourly CO2 mass emission rate from monitors to measure CO2 mass words 3-run average in the equation
Equation C6 of this section, uncorrected emissions, CO2 emissions shall be nomenclature.
(metric tons/hr). (C) The results of each annual stack
%H2O = Hourly moisture percentage in the
determined as follows:
stack gas (measured or default value, as (A) At least once a year, use EPA test shall be used in the GHG emissions
appropriate). Methods 2 and 3A, and (if necessary) calculations for the year of the test.
Method 4 in appendices A2 and A3 (D) If, for the majority of the operating
(iv) An oxygen (O2) concentration to part 60 of this chapter to perform hours during the year, the diverted
monitor may be used in lieu of a CO2 emissions testing at a set point that best stream is withdrawn at a steady rate at
concentration monitor to determine the represents normal, stable process or near the tested set point (as
hourly CO2 concentrations, in operating conditions. A minimum of evidenced by fan and damper settings
accordance with Equation F14a or F three one-hour Method 3A tests are and/or other parameters), you may use
14b (as applicable) in appendix F to part required, to determine the CO2 the calculated CO2 mass emission rate
75 of this chapter, if the effluent gas concentration. A Method 2 test shall be from paragraph (a)(4)(viii)(B) of this
stream monitored by the CEMS consists performed during each Method 3A run, section to estimate the CO2 mass
solely of combustion products (i.e., no to determine the stack gas volumetric emissions for all operating hours in
process CO2 emissions or CO2 emissions flow rate. If moisture correction is which flue gas is diverted from the main
from sorbent are mixed with the necessary, a Method 4 run shall also be exhaust system. Otherwise, you must
combustion products) and if only fuels performed during each Method 3A run. account for the variation in the flow rate
that are listed in Table 1 in section 3.3.5 Important parametric information of the diverted stream, as described in
of appendix F to part 75 of this chapter related to the stack gas flow rate (e.g., paragraph (c)(4)(viii)(E) of this section.
are combusted in the unit. If the O2 damper positions, fan settings, etc.) (E) If the flow rate of the diverted
monitoring option is selected, the F- shall also be recorded during the test. stream varies significantly throughout
factors used in Equations F14a and F (B) Calculate a CO2 mass emission the year, except as provided below,
14b shall be determined according to rate (in metric tons/hr) from the stack repeat the stack test and emission rate
section 3.3.5 or section 3.3.6 of test data, using a version of Equation C calculation procedures described in
appendix F to part 75 of this chapter, as 6 in paragraph (a)(4)(ii) of this section, paragraphs (c)(4)(viii)(A) and
applicable. If Equation F14b is used, modified as follows. In the Equation C (c)(4)(viii)(B) of this section at a
the hourly moisture percentage in the 6 nomenclature, replace the words minimum of two more set points across
stack gas shall be determined in Hourly average in the definitions of the range of typical operating conditions
accordance with paragraph (a)(4)(iii) of CCO2 and Q with the words 3-run to develop a correlation between CO2
srobinson on DSKHWCL6B1PROD with RULES2

this section. average. Substitute the arithmetic mass emission rate and the parametric
* * * * * average values of CO2 concentration and data. If additional testing is not feasible,
(viii) If a portion of the flue gases stack gas flow rate from the emission use the following approach to develop
generated by a unit subject to Tier 4 testing into modified Equation C6. If the necessary correlation. Assume that
(e.g., a slip stream) is continuously CO2 is measured on a dry basis, a the average CO2 concentration obtained
diverted from the main flue gas exhaust moisture correction of the calculated in the annual stack test is the same at
ER17DE10.002</GPH>

system for the purpose of heat recovery CO2 mass emission rate is required. Use all operating set points. Then, beginning

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with the measured flow rate from the (ii) For a unit that combusts only (vi) May be used for MSW combustion
stack test and the associated parametric natural gas and/or fuel oil, is not subject in a small, batch incinerator that burns
data, perform an engineering analysis to to subpart D of this part, monitors and no more than 1,000 tons per year of
estimate the stack gas flow rate at two reports heat input data year-round MSW.
or more additional set points. Calculate according to 75.19 of this chapter but (vii) May be used for the combustion
the CO2 mass emission rate at each set is not required by the applicable part 75 of MSW and/or tires in a unit, provided
point. program to report CO2 mass emissions that no more than 10 percent of the
(F) Calculate the annual CO2 mass data, calculate the annual CO2 mass units annual heat input is derived from
emissions for the diverted stream as emissions for the purposes of this part those fuels, combined. Notwithstanding
follows. For a steady-state process, as follows: this requirement, if a unit combusts
multiply the number of hours in which (A) Calculate the hourly CO2 mass both MSW and tires and the reporter
flue gas was diverted from the main emissions, in units of short tons, using elects not to separately calculate and
exhaust system by the CO2 mass Equation LM11 in 75.19(c)(4)(iii) of report biogenic CO2 emissions from the
emission rate from the stack test. this chapter. combustion of tires, Tier 1 may be used
Otherwise, using the best available * * * * * for the MSW combustion, provided that
information and engineering judgment, (iii) For a unit that is not subject to no more than 10 percent of the units
apply the most representative CO2 mass subpart D of this part, uses flow rate and annual heat input is derived from MSW.
emission rate from the correlation in CO2 (or O2) CEMS to report heat input (2) * * *
paragraph (c)(4)(viii)(E) of this section to data year-round according to part 75 of (ii) May be used in a unit with a
determine the CO2 mass emissions for this chapter, but is not required by the maximum rated heat input capacity
each hour in which flue gas was applicable part 75 program to report greater than 250 mmBtu/hr for the
diverted, and sum the results. To CO2 mass emissions data, calculate the combustion of natural gas and/or
simplify the calculations, you may annual CO2 mass emissions as follows: distillate fuel oil.
count partial operating hours as full (A) Use Equation F11 or F2 (as * * * * *
hours. applicable) in appendix F to part 75 of (3) * * *
(G) Finally, add the CO2 mass this chapter to calculate the hourly CO2 (ii) * * *
emissions from paragraph(c)(4)(viii)(F) mass emission rates from the CEMS (A) The use of Tier 1 or 2 is permitted,
of this section to the annual CO2 mass data. If an O2 monitor is used, convert as described in paragraphs (b)(1)(iii),
emissions measured by the CEMS at the the hourly average O2 readings to CO2 (b)(1)(v), and (b)(2)(ii) of this section.
main stack. Report this sum as the total using Equation F14a or F14b in
* * * * *
annual CO2 mass emissions for the unit. appendix F to part 75 of this chapter (as (iii) Shall be used for a fuel not listed
(H) The exact method and procedures applicable), before applying Equation F
in Table C1 of this subpart if the fuel
used to estimate the CO2 mass emissions 11 or F2.
is combusted in a unit with a maximum
for the diverted portion of the flue gas (B) Use Equations F12 and F13 in
appendix F to part 75 of this chapter to rated heat input capacity greater than
exhaust stream shall be documented in 250 mmBtu/hr (or, pursuant to
the Monitoring Plan required under calculate the quarterly and cumulative
annual CO2 mass emissions, 98.36(c)(3), in a group of units served
98.3(g)(5). by a common supply pipe, having at
respectively, in units of short tons.
(5) Alternative methods for certain least one unit with a maximum rated
units subject to Part 75 of this chapter. * * * * * heat input capacity greater than 250
Certain units that are not subject to (iv) For units that qualify to use the
mmBtu/hr), provided that both of the
subpart D of this part and that report alternative CO2 emissions calculation
following conditions apply:
data to EPA according to part 75 of this methods in paragraphs (a)(5)(i) through
(a)(5)(iii) of this section, if both biomass * * * * *
chapter may qualify to use the (B) The fuel provides 10% or more of
alternative methods in this paragraph and fossil fuel are combusted during the
year, separate calculation and reporting the annual heat input to the unit or, if
(a)(5), in lieu of using any of the four 98.36(c)(3) applies, to the group of
calculation methodology tiers. of the biogenic CO2 mass emissions (as
described in paragraph (e) of this units served by a common supply pipe.
(i) For a unit that combusts only (iv) Shall be used when specified in
natural gas and/or fuel oil, is not subject section) is optional, only for the 2010
reporting year, as provided in another applicable subpart of this part,
to subpart D of this part, monitors and regardless of unit size.
98.3(c)(12).
reports heat input data year-round (4) * * *
(b) * * *
according to appendix D to part 75 of (1) * * * (i) * * * Tier 4 may also be used for
this chapter, but is not required by the (iv) May not be used if you routinely any group of stationary fuel combustion
applicable part 75 program to report perform fuel sampling and analysis for units, process units, or manufacturing
CO2 mass emissions data, calculate the the fuel high heat value (HHV) or units that share a common stack or duct.
annual CO2 mass emissions for the routinely receive the results of HHV (ii) * * *
purposes of this part as follows: sampling and analysis from the fuel (A) The unit has a maximum rated
(A) Use the hourly heat input data supplier at the minimum frequency heat input capacity greater than 250
from appendix D to part 75 of this specified in 98.34(a), or at a greater mmBtu/hr, or if the unit combusts
chapter, together with Equation G4 in frequency. In such cases, Tier 2 shall be municipal solid waste and has a
appendix G to part 75 of this chapter to used. This restriction does not apply to maximum rated input capacity greater
determine the hourly CO2 mass paragraphs (b)(1)(ii), (b)(1)(v), (b)(1)(vi), than 600 tons per day of MSW.
srobinson on DSKHWCL6B1PROD with RULES2

emission rates, in units of tons/hr; and (b)(1)(vii) of this section. (B) The unit combusts solid fossil fuel
(B) Use Equations F12 and F13 in (v) May be used for natural gas or MSW as the primary fuel.
appendix F to part 75 of this chapter to combustion in a unit of any size, in * * * * *
calculate the quarterly and cumulative cases where the annual natural gas (E) The installed CEMS include a gas
annual CO2 mass emissions, consumption is obtained from fuel monitor of any kind or a stack gas
respectively, in units of short tons; and billing records in units of therms or volumetric flow rate monitor, or both
* * * * * mmBtu. and the monitors have been certified,

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79144 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

either in accordance with the common stack or duct meet the (A) The certification tests are passed
requirements of part 75 of this chapter, applicability criteria specified in in sequence, with no test failures.
part 60 of this chapter, or an applicable paragraph (b)(4)(iv)(A)(1), or (B) No unscheduled maintenance or
State continuous monitoring program. (b)(4)(iv)(A)(2) of this section. repair of the CEMS is performed during
(F) The installed gas or stack gas (C) The combined effluent gas streams the certification test period.
volumetric flow rate monitors are from two or more manufacturing or
required, either by an applicable Federal (iii) No later than 180 days following
process units are vented through a
or State regulation or by the units the date on which a change is made that
common stack or duct. In this case, if
operating permit, to undergo periodic triggers Tier 4 applicability under
any of the units is required by an
quality assurance testing in accordance paragraph (b)(4)(ii) or (b)(4)(iii) of this
applicable subpart of this part to use
with either appendix B to part 75 of this section (e.g., a change in the primary
Tier 4, the CO2 mass emissions may be
chapter, appendix F to part 60 of this fuel, manner of unit operation, or
monitored at each individual unit, or
chapter, or an applicable State installed continuous monitoring
the combined CO2 mass emissions may
continuous monitoring program. equipment).
be monitored at the common stack or
(iii) Shall be used for a unit with a duct. However, if it is not feasible to (6) * * * However, for units that use
maximum rated heat input capacity of monitor the individual units, the either the Tier 4 or the alternative
250 mmBtu/hr or less and for a unit that combined CO2 mass emissions shall be calculation methodology specified in
combusts municipal solid waste with a monitored at the common stack or duct. paragraph (a)(5)(iii) of this section, CO2
maximum rated input capacity of 600 emissions from the combustion of all
(5) The Tier 4 Calculation
tons of MSW per day or less, if the unit fuels shall be based solely on CEMS
Methodology shall be used:
meets all of the following three measurements.
conditions: (i) Starting on January 1, 2010, for a
unit that is required to report CO2 mass (c) * * *
* * * * * emissions beginning on that date, if all
(iv) May apply to common stack or (1) Use Equation C8 of this section
of the monitors needed to measure CO2 to estimate CH4 and N2O emissions for
duct configurations where:
(A) The combined effluent gas streams mass emissions have been installed and any fuels for which you use the Tier 1
from two or more stationary fuel certified by that date. or Tier 3 calculation methodologies for
combustion units are vented through a (ii) No later than January 1, 2011, for CO2, except when natural gas usage in
monitored common stack or duct. In a unit that is required to report CO2 units of therms or mmBtu is obtained
this case, Tier 4 shall be used if all of mass emissions beginning on January 1, from gas billing records. In that case,
the conditions in paragraph 2010, if all of the monitors needed to use Equation C8a in paragraph (c)(1)(i)
(b)(4)(iv)(A)(1) of this section or if the measure CO2 mass emissions have not of this section or Equation C8b in
conditions in paragraph (b)(4)(iv)(A)(2) been installed and certified by January paragraph (c)(1)(ii) of this section (as
of this section are met. 1, 2010. In this case, you may use Tier applicable). For Equation C8, use the
(1) At least one of the units meets the 2 or Tier 3 to report GHG emissions for same values for fuel consumption that
requirements of paragraphs (b)(4)(ii)(A) 2010. However, if the required CEMS you use for the Tier 1 or Tier 3
through (b)(4)(ii)(C) of this section, and are certified some time in 2010, you calculation.
the CEMS installed at the common stack need not wait until January 1, 2011 to * * * * *
(or duct) meet the requirements of begin using Tier 4. Rather, you may HHV = Default high heat value of the fuel
paragraphs (b)(4)(ii)(D) through switch from Tier 2 or Tier 3 to Tier 4 from Table C1 of this subpart;
(b)(4)(ii)(F) of this section. as soon as CEMS certification testing is alternatively, for Tier 3, if actual HHV
(2) At least one of the units and the successfully completed. If this reporting data are available for the reporting year,
monitors installed at the common stack option is chosen, you must document you may average these data using the
or duct meet the requirements of the change in CO2 calculation procedures specified in paragraph
paragraph (b)(4)(iii) of this section. methodology in the Monitoring Plan (a)(2)(ii) of this section, and use the
(B) The combined effluent gas streams required under 98.3(g)(5) and in the average value in Equation C8 (mmBtu
per mass or volume).
from a process or manufacturing unit GHG emissions report under 98.3(c).
and a stationary fuel combustion unit Data recorded by the CEMS during a * * * * *
are vented through a monitored certification test period in 2010 may be (i) Use Equation C8a to calculate CH4
common stack or duct. In this case, Tier used for reporting under this part, and N2O emissions when natural gas
4 shall be used if the combustion unit provided that the following two usage is obtained from gas billing
and the monitors installed at the conditions are met: records in units of therms.

Where: 1 103 = Conversion factor from kilograms CH4 or N2O = Annual CH4 or N2O emissions
CH4 or N2O = Annual CH4 or N2O emissions to metric tons. from the combustion of natural gas
from the combustion of natural gas (metric tons).
(metric tons).
(ii) Use Equation C8b to calculate Fuel = Annual natural gas usage, from gas
CH4 and N2O emissions when natural
srobinson on DSKHWCL6B1PROD with RULES2

Fuel = Annual natural gas usage, from gas billing records (mmBtu).
billing records (therms). gas usage is obtained from gas billing EF = Fuel-specific default emission factor for
EF = Fuel-specific default emission factor for records in units of mmBtu. CH4 or N2O, from Table C2 of this
CH4 or N2O, from Table C2 of this CH4 or N2O = 1 103 * Fuel * EF subpart (kg CH4 or N2O per mmBtu).
subpart (kg CH4 or N2O per mmBtu). (Eq. C8b) 1 103 = Conversion factor from kilograms
0.1 = Conversion factor from therms to to metric tons.
Where:
mmBtu
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(2) * * * Use the same values for fuel calibration requirements of 98.3(i) or acid gas emission controls with sorbent
consumption and HHV that you use for to the QA requirements of 98.34. injection to remove acid gases, if the
the Tier 2 calculation. (D) Units in the Acid Rain Program chemical reaction between the acid gas
* * * * * and other units that report heat input and the sorbent produces CO2
(4) Use Equation C10 of this section data to EPA year-round according to emissions, use Equation C11 of this
for: units subject to subpart D of this part 75 of this chapter may use the best section to calculate the CO2 emissions
part; units that qualify for and elect to available information described in from the sorbent, except when those
use the alternative CO2 mass emissions paragraph (c)(4)(ii)(C) of this section, to CO2 emissions are monitored by CEMS.
calculation methodologies described in estimate (HI)A for each fuel type, When a sorbent other than CaCO3 is
paragraph (a)(5) of this section; and whenever fuel-specific heat input values used, determine site-specific values of R
units that use the Tier 4 Calculation cannot be directly obtained from the and MWS.
Methodology. electronic data reports under 75.64 of * * * * *
this chapter. R = The number of moles of CO2 released
* * * * * (5) When multiple fuels are upon capture of one mole of the acid gas
(HI)A = Cumulative annual heat input from combusted during the reporting year, species being removed (R = 1.00 when
combustion of the fuel (mmBtu).
sum the fuel-specific results from the sorbent is CaCO3 and the targeted
* * * * * Equations C8, C8a, C8b, C9a, C9b, acid gas species is SO2).
(i) If only one type of fuel listed in or C10 of this section (as applicable) to * * * * *
Table C2 of this subpart is combusted obtain the total annual CH4 and N2O (2) The total annual CO2 mass
during the reporting year, substitute the emissions, in metric tons. emissions reported for the unit shall
cumulative annual heat input from (6) Calculate the annual CH4 and N2O include the CO2 emissions from the
combustion of the fuel into Equation C mass emissions from the combustion of combustion process and the CO2
10 of this section to calculate the annual blended fuels as follows: emissions from the sorbent.
CH4 or N2O emissions. For units in the (i) If the mass or volume of each
(e) Biogenic CO2 emissions from
Acid Rain Program and units that report component fuel in the blend is
combustion of biomass with other fuels.
heat input data to EPA year-round measured before the fuels are mixed and
Use the applicable procedures of this
according to part 75 of this chapter, combusted, calculate and report CH4
paragraph (e) to estimate biogenic CO2
obtain the cumulative annual heat input and N2O emissions separately for each
emissions from units that combust a
directly from the electronic data reports component fuel, using the applicable
combination of biomass and fossil fuels
required under 75.64 of this chapter. procedures in this paragraph (c).
(ii) If the mass or volume of each (i.e., either co-fired or blended fuels).
For Tier 4 units, use the best available
component fuel in the blend is not Separate reporting of biogenic CO2
information, as described in paragraph
measured before the fuels are mixed and emissions from the combined
(c)(4)(ii)(C) of this section, to estimate
combusted, a reasonable estimate of the combustion of biomass and fossil fuels
the cumulative annual heat input (HI)A.
percentage composition of the blend, is required for those biomass fuels listed
(ii) If more than one type of fuel listed in Table C1 of this section and for
in Table C2 of this subpart is based on best available information, is
required. Perform the following municipal solid waste. In addition,
combusted during the reporting year, when a biomass fuel that is not listed in
use Equation C10 of this section calculations for each component fuel i
that is listed in Table C2: Table C1 is combusted in a unit that
separately for each type of fuel, except has a maximum rated heat input greater
as provided in paragraph (c)(4)(ii)(B) of (A) Multiply (% Fuel)i, the estimated
mass or volume percentage (decimal than 250 mmBtu/hr, if the biomass fuel
this section. Determine the appropriate accounts for 10% or more of the annual
values of (HI)A as follows: fraction) of component fuel i, by the
total annual mass or volume of the heat input to the unit, and if the unit
(A) For units in the Acid Rain does not use CEMS to quantify its
Program and other units that report heat blended fuel combusted during the
reporting year, to obtain an estimate of annual CO2 mass emissions, then,
input data to EPA year-round according pursuant to 98.33(b)(3)(iii), Tier 3
to part 75 of this chapter, obtain (HI)A the annual consumption of component
i; must be used to determine the carbon
for each type of fuel from the electronic content of the biomass fuel and to
(B) Multiply the result from paragraph
data reports required under 75.64 of calculate the biogenic CO2 emissions
(c)(6)(ii)(A) of this section by the HHV
this chapter, except as otherwise from combustion of the fuel.
of the fuel (default value or, if available,
provided in paragraphs (c)(4)(ii)(B) and Notwithstanding these requirements, in
the measured annual average value), to
(c)(4)(ii)(D) of this section. accordance with 98.3(c)(12), separate
obtain an estimate of the annual heat
(B) For a unit that uses CEMS to input from component i; reporting of biogenic CO2 emissions is
monitor hourly heat input according to (C) Calculate the annual CH4 and N2O optional for the 2010 reporting year for
part 75 of this chapter, the value of (HI)A emissions from component i, using units subject to subpart D of this part
obtained from the electronic data Equation C8, C8a, C8b, C9a, or C and for units that use the CO2 mass
reports under 75.64 of this chapter 10 of this section, as applicable; emissions calculation methodologies in
may be attributed exclusively to the fuel (D) Sum the annual CH4 emissions part 75 of this chapter, pursuant to
with the highest F-factor, when the across all component fuels to obtain the paragraph (a)(5) of this section.
reporting option in 3.3.6.5 of appendix annual CH4 emissions for the blend. However, if the owner or operator opts
F to part 75 of this chapter is selected Similarly sum the annual N2O to report biogenic CO2 emissions
and implemented. emissions across all component fuels to separately for these units, the
srobinson on DSKHWCL6B1PROD with RULES2

(C) For Tier 4 units, use the best obtain the annual N2O emissions for the appropriate method(s) in this paragraph
available information (e.g., fuel feed rate blend. Report these annual emissions (e) shall be used. Separate reporting of
measurements, fuel heating values, totals. biogenic CO2 emissions from the
engineering analysis) to estimate the (d) * * * combustion of tires is also optional, but
value of (HI)A for each type of fuel. (1) When a unit is a fluidized bed may be reported by following the
Instrumentation used to make these boiler, is equipped with a wet flue gas provisions of paragraph (e)(3) of this
estimates is not subject to the desulfurization system, or uses other section.

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79146 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

(1) You may use Equation C1 of this combustion of MSW, except as biogenic CO2 emissions from the
subpart to calculate the annual CO2 otherwise provided in paragraph combustion of tires or MSW; the
mass emissions from the combustion of (e)(3)(iv) of this section. These methods described in paragraph (e)(3) of
the biomass fuels listed in Table C1 of procedures also may be used for any this section must be used for those fuels.
this subpart (except MSW and tires), in unit that co-fires biomass and fossil Whenever (HI)A, the annual heat input
a unit of any size, including units fuels, including units equipped with a from combustion of biomass fuel in
equipped with a CO2 CEMS, except CO2 CEMS, and units for which optional Equation C15a, cannot be determined
when the use of Tier 2 is required as separate reporting of biogenic CO2 solely from the information in the
specified in paragraph (b)(1)(iv) of this emissions from the combustion of tires electronic emissions reports under
section. Determine the quantity of is selected. 75.64 of this chapter (e.g., in cases
biomass combusted using one of the (i) Use an applicable CO2 emissions where a unit uses CEMS in combination
following procedures in this paragraph calculation method in this section to with multiple F-factors, a worst-case F-
(e)(1), as appropriate, and document the quantify the total annual CO2 mass factor, or a prorated F-factor to report
selected procedures in the Monitoring emissions from the unit. heat input rather than reporting heat
Plan under 98.3(g): (ii) Determine the relative proportions input based on fuel type), use the best
(i) Company records. of biogenic and non-biogenic CO2 available information (as described in
(ii) The procedures in paragraph (e)(5) emissions in the flue gas on a quarterly 98.33(c)(4)(ii)(C) and (c)(4)(ii)(D)) to
of this section. basis using the method specified in determine (HI)A.
(iii) The best available information for 98.34(d) (for units that combust MSW
CO2 = 0.001 * (HI)A * EF (Eq. C15a)
premixed fuels that contain biomass and as the primary fuel or as the only fuel
with a biogenic component) or in Where:
fossil fuels (e.g., liquid fuel mixtures
containing biodiesel). 98.34(e) (for other units, including CO2 = Annual CO2 mass emissions from the
(2) You may use the procedures of units that combust tires). combustion of a particular type of
(iii) Determine the annual biogenic biomass fuel listed in Table C1 (metric
this paragraph if the following three tons)
conditions are met: First, a CO2 CEMS CO2 mass emissions from the unit by
multiplying the total annual CO2 mass (HI)A = Annual heat input from the biomass
(or a surrogate O2 monitor) and a stack fuel, obtained, where feasible, from the
gas flow rate monitor are used to emissions by the annual average electronic emissions reports required
determine the annual CO2 mass biogenic decimal fraction obtained from under 75.64 of this chapter. Where this
emissions (either according to part 75 of 98.34(d) or 98.34(e), as applicable. is not feasible use best available
this chapter, the Tier 4 Calculation (iv) If the combustion of MSW and/or information, as described in
Methodology, or the alternative tires provides no more than 10 percent 98.33(c)(4)(ii)(C) and (c)(4)(ii)(D)
calculation methodology specified in of the annual heat input to a unit, or if (mmBtu)
a small, batch incinerator combusts no EF = CO2 emission factor for the biomass
paragraph (a)(5)(iii) of this section); fuel, from Table C1 (kg CO2/mmBtu)
second, neither MSW nor tires is more than 1,000 tons per year of MSW,
you may estimate the annual biogenic 0.001 = Conversion factor from kg to metric
combusted in the unit during the tons
reporting year; and third, the CO2 CO2 emissions as follows, in lieu of
following the procedures in paragraphs * * * * *
emissions consist solely of combustion
products (i.e., no process or sorbent (e)(3)(i) through (e)(3)(iii) of this section: 10. Section 98.34 is amended by:
(A) Calculate the total annual CO2 a. Revising paragraphs (a)(2), (a)(3),
emissions included).
emissions from combustion of MSW (a)(6), (b)(1) introductory text, (b)(1)(i),
* * * * * and/or tires in the unit, using the Tier (b)(1)(ii), (b)(1)(iii), (b)(1)(vi), (b)(3)(ii),
(iii) * * * 1 calculation methodology in paragraph and (b)(3)(v).
Fc = Fuel-specific carbon based F-factor, (a)(1) of this section. b. Removing paragraph (b)(4).
either a default value from Table 1 in (B) Multiply the result from paragraph c. Redesignating paragraph (b)(5) as
section 3.3.5 of appendix F to part 75 of (e)(3)(iv)(A) of this section by the (b)(4).
this chapter, or a site-specific value appropriate default factor to determine d. Revising newly designated
determined under section 3.3.6 of the annual biogenic CO2 emissions, in
appendix F to part 75 (scf CO2/mmBtu). paragraph (b)(4).
metric tons. For MSW, use a default e. Revising paragraphs (c)
* * * * * factor of 0.60 and for tires, use a default introductory text, (c)(1)(i), (c)(1)(ii),
(iv) Subtract Vff from Vtotal to obtain factor of 0.20. (c)(2), (c)(3), and (c)(4).
Vbio, the annual volume of CO2 from the (4) If Equation C1 or Equation C2a f. Adding paragraphs (c)(6) and (c)(7).
combustion of biomass. of this section is selected to calculate g. Revising paragraphs (d), (e), (f)
* * * * * the annual biogenic mass emissions for introductory text, (f)(1), (f)(3), (f)(5), and
(vi) * * * wood, wood waste, or other solid (f)(6).
(C) From the electronic data report biomass-derived fuel, Equation C15 of h. Adding paragraphs (f)(7) and (f)(8).
required under 75.64 of this chapter, this section may be used to quantify i. Removing paragraph (g).
for units in the Acid Rain Program and biogenic fuel consumption, provided
other units using CEMS to monitor and that all of the required input parameters 98.34 Monitoring and QA/QC
report CO2 mass emissions according to are accurately quantified. * * * requirements.
part 75 of this chapter. However, before (5) For units subject to subpart D of * * * * *
calculating the annual biogenic CO2 this part and for units that use the (a) * * *
mass emissions, multiply the methods in part 75 of this chapter to (2) The minimum required frequency
srobinson on DSKHWCL6B1PROD with RULES2

cumulative annual CO2 mass emissions quantify CO2 mass emissions in of the HHV sampling and analysis for
by 0.91 to convert from short tons to accordance with paragraph (a)(5) of this each type of fuel or fuel mixture (blend)
metric tons. section, you may calculate biogenic CO2 is specified in this paragraph. When the
(3) You must use the procedures in emissions from the combustion of specified frequency for a particular fuel
paragraphs (e)(3)(i) through (e)(3)(iii) of biomass fuels listed in Table C1 of this or blend is based on a specified time
this section to determine the annual subpart using Equation C15a. This period (e.g., week, month, quarter, or
biogenic CO2 emissions from the equation may not be used to calculate half-year), fuel sampling and analysis is

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required only for those time periods in requiring only one representative (mass or volume) of each fuel is
which the fuel or blend is combusted. sample, subject to the following measured before the fuels are mixed and
The owner or operator may perform fuel conditions: combusted, then, for each component of
sampling and analysis more often than (A) For coal, the type of fuel means the blend, calculate the CO2 mass
the minimum required frequency, in the rank of the coal (i.e., anthracite, emissions separately. Substitute into
order to obtain a more representative bituminous, sub-bituminous, or lignite). Equation C2a of this subpart the total
annual average HHV. For fuel oil, the type of fuel means the measured mass or volume of the
(i) For natural gas, semiannual grade number or classification of the oil component fuel (from company
sampling and analysis is required (i.e., (e.g., No. 1 oil, No. 2 oil, kerosene, Jet records), together with the appropriate
twice in a calendar year, with A fuel, etc.). default CO2 emission factor from Table
consecutive samples taken at least four (B) The owner or operator shall C1, and the annual average HHV,
months apart). document in the monitoring plan under calculated according to 98.33(a)(2)(ii).
(ii) For coal and fuel oil, and for any 98.3(g)(5) how the monthly sampling In this case, the fact that the fuels are
other solid or liquid fuel that is of each type of fuel is performed. blended prior to combustion is of no
delivered in lots, analysis of at least one (iii) For liquid fuels other than fuel consequence.
representative sample from each fuel lot oil, and for gaseous fuels other than (ii) If the fuel is received as a blend
is required. For fuel oil, as an alternative natural gas (including biogas), sampling (i.e., already mixed) or if the
to sampling each fuel lot, a sample may and analysis is required at least once per components are mixed on site without
be taken upon each addition of oil to the calendar quarter. To the extent precisely measuring the mass or volume
units storage tank. Flow proportional practicable, consecutive quarterly of each one individually, a reasonable
sampling, continuous drip sampling, or samples shall be taken at least 30 days estimate of the relative proportions of
daily manual oil sampling may also be apart. the components of the blend must be
used, in lieu of sampling each fuel lot. (iv) For other solid fuels (except made, using the best available
If the daily manual oil sampling option MSW), weekly sampling is required to information (e.g., the approximate
is selected, sampling from a particular obtain composite samples, which are annual average mass or volume
tank is required only on days when oil then analyzed monthly. percentage of each fuel, based on the
from the tank is combusted by the unit (v) For fuel blends that are received typical or expected range of values).
(or units) served by the tank. If you elect already mixed, or that are mixed on-site Determine the appropriate CO2 emission
to sample from the storage tank upon without measuring the exact amount of factor and HHV for use in Equation C
each addition of oil to the tank, you each component, as described in 2a of this subpart, as follows:
must take at least one sample from each paragraph (a)(3)(ii) of this section,
tank that is currently in service and determine the HHV of the blend as (A) Consider the blend to be the fuel
whenever oil is added to the tank, for follows. For blends of solid fuels (except type, measure its HHV at the frequency
as long as the tank remains in service. MSW), weekly sampling is required to prescribed in paragraph (a)(2)(v) of this
You need not take any samples from a obtain composite samples, which are section, and determine the annual
storage tank while it is out of service. analyzed monthly. For blends of liquid average HHV value for the blend
Rather, take a sample when the tank is or gaseous fuels, sampling and analysis according to 98.33(a)(2)(ii).
brought into service and whenever oil is is required at least once per calendar (B) Calculate a heat-weighted CO2
added to the tank, for as long as the tank quarter. More frequent sampling is emission factor, (EF)B, for the blend,
remains in service. If multiple additions recommended if the composition of the using Equation C16 of this section. The
of oil are made to a particular in-service blend varies significantly during the heat-weighting in Equation C16 is
tank on a given day (e.g., from multiple year. provided by the default HHVs (from
deliveries), one sample taken after the (3) Special considerations for Table C1) and the estimated mass or
final addition of oil is sufficient. For the blending of fuels. In situations where volume percentages of the components
purposes of this section, a fuel lot is different types of fuel listed in Table C of the blend.
defined as a shipment or delivery of a 1 of this subpart (for example, different (C) Substitute into Equation C2a of
single type of fuel (e.g., ship load, barge ranks of coal or different grades of fuel this subpart, the annual average HHV
load, group of trucks, group of railroad oil) are in the same state of matter (i.e., for the blend (from paragraph
cars, oil delivery via pipeline from a solid, liquid, or gas), and are blended (a)(3)(ii)(A) of this section) and the
tank farm, etc.). However, if multiple prior to combustion, use the following calculated value of (EF)B, along with the
deliveries of a particular type of fuel are procedures to determine the appropriate total mass or volume of the blend
received from the same supply source in CO2 emission factor and HHV for the combusted during the reporting year, to
a given calendar month, the deliveries blend. determine the annual CO2 mass
for that month may be considered, (i) If the fuels to be blended are emissions from combustion of the
collectively, to comprise a fuel lot, received separately, and if the quantity blend.
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Where: (HHV)i = Default high heat value for fuel i %, as applicable, expressed as a decimal
(EF)B = Heat-weighted CO2 emission factor in the blend, from Table C1 (mmBtu per fraction; e.g., 25% = 0.25)
for the blend (kg CO2/mmBtu) mass or volume) (EF)i = Default CO2 emission factor for fuel
(%Fuel)i = Estimated mass or volume i from Table C1 (mmBtu per mass or
percentage of fuel i (mass % or volume volume)
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79148 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations

(HHV)B = Annual average high heat value for paragraph (a)(2) of this section (or at a weighted CO2 emission factor for the
the blend, calculated according to greater frequency), and if the unit blend. Finally, substitute into Equation
98.33(a)(2)(ii) (mmBtu per mass or
qualifies to use Tier 1, calculate C1 of this subpart, the calculated
volume)
(HHV)B*, the heat-weighted default values of (HHV)B* and (EF)B, along with
(iii) Note that for the case described HHV for the blend, using Equation C the total mass or volume of the blend
in paragraph (a)(3)(ii) of this section, if 17 of this section. Then, use Equation combusted during the reporting year, to
measured HHV values for the individual C16 of this section, replacing the term determine the annual CO2 mass
fuels in the blend or for the blend itself (HHV)B with (HHV)B* in the emissions from combustion of the
are not routinely received at the denominator, to determine the heat- blend.
minimum frequency prescribed in

Where: Fuel = (Annual volume of the blend paragraph (b)(1)(i). The method(s) used
(HHV)B* = Heat-weighted default high heat combusted)(0.80). shall be documented in the Monitoring
value for the blend (mmBtu per mass or * * * * * Plan required under 98.3(g)(5).
Volume) (6) You must use one of the following (A) You may use the calibration
(HHV)i = Default high heat value for fuel i appropriate fuel sampling and analysis procedures specified by the flow meter
in the blend, from Table C1 (mmBtu per methods. The HHV may be calculated manufacturer.
mass or volume) using chromatographic analysis together (B) You may use an appropriate flow
(%Fuel)i = Estimated mass or volume with standard heating values of the fuel meter calibration method published by
percentage of fuel i in the blend (mass constituents, provided that the gas a consensus-based standards
% or volume %, as applicable, expressed chromatograph is operated, maintained, organization, if such a method exists.
as a decimal fraction) and calibrated according to the Consensus-based standards
manufacturers instructions. organizations include, but are not
(iv) If the fuel blend described in Alternatively, you may use a method limited to, the following: ASTM
paragraph (a)(3)(ii) of this section published by a consensus-based International (100 Barr Harbor Drive,
consists of a mixture of fuel(s) listed in standards organization if such a method P.O. Box CB700, West Conshohocken,
Table C1 of this subpart and one or exists, or you may use industry standard Pennsylvania 19428B2959, (800) 262
more fuels not listed in Table C1, practice to determine the high heat 1373, http://www.astm.org), the
calculate CO2 and other GHG emissions values. Consensus-based standards American National Standards Institute
only for the Table C1 fuel(s), using the organizations include, but are not (ANSI, 1819 L Street, NW., 6th floor,
best available estimate of the mass or limited to, the following: ASTM Washington, DC 20036, (202) 2938020,
volume percentage(s) of the Table C1 International (100 Barr Harbor Drive, http://www.ansi.org), the American Gas
fuel(s) in the blend. In this case, Tier 1 P.O. Box CB700, West Conshohocken, Association (AGA, 400 North Capitol
shall be used, with the following Pennsylvania 19428B2959, (800) 262 Street, NW., 4th Floor, Washington, DC
modifications to Equations C17 and C 1373, http://www.astm.org), the 20001, (202) 8247000, http://
1, to account for the fact that not all of American National Standards Institute www.aga.org), the American Society of
the fuels in the blend are listed in Table (ANSI, 1819 L Street, NW., 6th floor, Mechanical Engineers (ASME, Three
C1: Washington, DC 20036, (202) 2938020, Park Avenue, New York, NY 10016
(A) In Equation C17, apply the term http://www.ansi.org), the American Gas 5990, (800) 8432763, http://
(Fuel)i only to the Table C1 fuels. For Association (AGA, 400 North Capitol www.asme.org), the American
each Table C1 fuel, (Fuel)i will be the Street, NW., 4th Floor, Washington, DC Petroleum Institute (API, 1220 L Street,
estimated mass or volume percentage of 20001, (202) 8247000, http:// NW., Washington, DC 200054070,
the fuel in the blend, divided by the www.aga.org), the American Society of (202) 6828000, http://www.api.org),
sum of the mass or volume percentages Mechanical Engineers (ASME, Three and the North American Energy
of the Table C1 fuels. For example, Park Avenue, New York, NY 10016 Standards Board (NAESB, 801 Travis
suppose that a blend consists of two 5990, (800) 8432763, http:// Street, Suite 1675, Houston, TX 77002,
Table C1 fuels (A and B) and one www.asme.org), the American (713) 3560060, http://www.api.org).
fuel type (C) not listed in the Table, Petroleum Institute (API, 1220 L Street, (C) You may use an industry-accepted
and that the volume percentages of fuels NW., Washington, DC 200054070, practice.
(202) 6828000, http://www.api.org), (ii) In addition to the initial