Vol. 79 Thursday, No. 238 December 11, 2014

Part III

Environmental Protection Agency

40 CFR Part 98 Greenhouse Gas Reporting Program: Addition of Global Warming Potentials to the General Provisions and Amendments and Confidentiality Determinations for Fluorinated Gas Production; Final Rule

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ENVIRONMENTAL PROTECTION Production source category to reduce 566–1744 and the telephone number for AGENCY the level of detail in which emissions the Air Docket is (202) 566–1742. are reported, eliminate the mass-balance FOR FURTHER INFORMATION CONTACT: 40 CFR Part 98 emission calculation method, and Carole Cook, Climate Change Division, [EPA–HQ–OAR–2009–0927; FRL–9919–70– clarify the emission factor method. Office of Atmospheric Programs (MC– OAR] These amendments also include an 6207J), Environmental Protection alternative verification approach for this RIN 2060–AR78 Agency, 1200 Pennsylvania Ave. NW., source category in lieu of collecting Washington, DC 20460; telephone Greenhouse Gas Reporting Program: certain data elements for which the EPA number: (202) 343–9263; fax number: Addition of Global Warming Potentials has identified disclosure concerns and (202) 343–2342; email address: to the General Provisions and for which the reporting deadline was [email protected]. For technical Amendments and Confidentiality deferred until March 31, 2015. In information, please go to the Determinations for Fluorinated Gas addition, this action establishes Greenhouse Gas Reporting Rule Program Production confidentiality determinations for Web site at http://www.epa.gov/ certain reporting requirements of the ghgreporting/index.html. To submit a AGENCY: Environmental Protection Fluorinated Gas Production source question, select Rule Help Center, Agency. category. followed by Contact Us. ACTION: Final rule. DATES: This final rule is effective on Worldwide Web (WWW). In addition SUMMARY: The Environmental Protection January 1, 2015. to being available in the docket, an Agency (EPA) is adding chemical- ADDRESSES: All documents in the docket electronic copy of this final rule will specific and default global warming are listed in the http:// also be available through the WWW. potentials (GWPs) for a number of www.regulations.gov index. Although Following the Administrator’s signature, fluorinated greenhouse gases (F–GHGs) listed in the index, some information is a copy of this action will be posted on and fluorinated heat transfer fluids (F– not publicly available (e.g., confidential the EPA’s Greenhouse Gas Reporting HTFs) to the general provisions of the business information (CBI) or other Program rule Web site at http:// Greenhouse Gas Reporting Rule. information whose disclosure is www.epa.gov/ghgreporting/index.html. Currently, these fluorinated GHGs and restricted by statute). Certain other SUPPLEMENTARY INFORMATION: HTFs are not assigned GWPs under the material, such as copyrighted material, Regulated Entities. The Administrator rule. The changes will increase the will be publicly available only in hard determined that this action is subject to completeness and accuracy of the copy. Publicly available docket the provisions of Clean Air Act (CAA) carbon dioxide (CO2)-equivalent materials are available either section 307(d). See CAA section emissions calculated and reported by electronically in http:// 307(d)(1)(V) (the provisions of CAA suppliers and emitters of fluorinated www.regulations.gov or in hard copy at section 307(d) apply to ‘‘such other GHGs and HTFs. The EPA is also the Air Docket, EPA WJC West Building, actions as the Administrator may making conforming changes to the Room 3334, 1301 Constitution Ave. determine’’). These are amendments to provisions for the Electronics NW., Washington, DC. This Docket existing regulations and affect emitters Manufacturing and Fluorinated Gas Facility is open from 8:30 a.m. to 4:30 and suppliers of fluorinated GHGs. Production source categories. In p.m., Monday through Friday, excluding Regulated categories and examples of addition, the EPA is amending certain legal holidays. The telephone number affected entities include those listed in provisions of the Fluorinated Gas for the Public Reading Room is (202) Table 1 of this preamble.

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities

Electrical Equipment Use ...... 221121 Electric bulk power transmission and control facilities. Electrical Equipment Manufacture or Re- 33531 Power transmission and distribution switchgear and specialty transformers manu- furbishment. facturing facilities. Electronics Manufacturing ...... 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic (solid-state) device manufacturing facilities. 334419 Liquid crystal display unit screens manufacturing facilities. 334419 Micro-electro-mechanical systems manufacturing facilities. Fluorinated Gas Production ...... 325120 Industrial gases manufacturing facilities. Importers and Exporters of Pre-charged 423730 Air-conditioning equipment (except room units) merchant wholesalers. Equipment and Closed-Cell Foams. 333415 Air-conditioning equipment (except motor vehicle) manufacturing. 336391 Motor vehicle air-conditioning manufacturing. 423620 Air-conditioners, room, merchant wholesalers. 443111 Household appliance stores. 423730 Automotive air-conditioners merchant wholesalers. 326150 Polyurethane foam products manufacturing. 335313 Circuit breakers, power, manufacturing. 423610 Circuit breakers merchant wholesalers. Magnesium Production ...... 331419 Primary refiners of nonferrous metals by electrolytic methods.

Table 1 of this preamble is not action. Types of facilities different from this action, you should carefully intended to be exhaustive, but rather those listed in the table could also be examine the applicability criteria found provides a guide for readers regarding subject to reporting requirements. To in 40 CFR part 98, subpart A or the facilities likely to be affected by this determine whether you are affected by relevant criteria in subparts I, L, T, DD,

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SS, OO, and QQ. If you have questions are afforded this reasonable amount of separately in any civil or criminal regarding the applicability of this action time. This is particularly true given that proceedings brought by the EPA to to a particular facility, consult the most of the revisions being made in this enforce these requirements. person listed in the preceding FOR package provide flexibilities to sources Acronyms and Abbreviations. The FURTHER INFORMATION CONTACT section. covered by the reporting rule or require following acronyms and abbreviations What is the effective date? The final no additional action by affected sources. are used in this document. rule is effective on January 1, 2015. We do not anticipate that finalizing the APA Administrative Procedure Act Section 553(d) of the Administrative GWPs in this action will expand the set AR4 IPCC Fourth Assessment Report Procedure Act (APA), 5 U.S.C. Chapter of facilities required to report under the AR5 IPCC Fifth Assessment Report 5, generally provides that rules may not Greenhouse Gas Reporting rule. CAA Clean Air Act take effect earlier than 30 days after they However, in the event that this occurs, CBI confidential business information are published in the Federal Register. these amendments include flexibility CFC chlorofluorocarbon CFR Code of Federal Regulations EPA is issuing this final rule under provisions such as Best Available section 307(d)(1) of the Clean Air Act, CH4 methane Monitoring Methods. We balance these CO carbon dioxide which states: ‘‘The provisions of section 2 circumstances with the need for the CO2e carbon dioxide equivalent 553 through 557 * * * of Title 5 shall amendments to be effective by January DE destruction efficiency not, except as expressly provided in this 1, 2015; a delayed effective date would EAR Export Administration Regulations section, apply to actions to which this result in regulatory uncertainty, EF emission factor subsection applies.’’ Thus, section program disruption, and an inability to ECF emission calculation factor e-GGRT Electronic Greenhouse Gas 553(d) of the APA does not apply to this have the amendments (many of which rule. EPA is nevertheless acting Reporting Tool clarify requirements, relieve burden, EPA U.S. Environmental Protection Agency consistently with the purposes and/or are made at the request of the FR Federal Register underlying APA section 553(d) in regulated facilities) effective for the F–GHG fluorinated greenhouse gas making this rule effective on January 1, 2015 reporting year. Accordingly, we F–HTF fluorinated heat transfer fluid 2015. Section 5 U.S.C. 553(d)(3) allows find good cause exists to make this rule GHG greenhouse gas an effective date less than 30 days after effective on January 1, 2015, consistent GHGRP Greenhouse Gas Reporting Program publication ‘‘as otherwise provided by with the purposes of 5 U.S.C. 553(d)(3). GWP global warming potential the agency for good cause found and HCFC hydrochlorofluorocarbon Judicial Review. Under CAA section HCFE hydrochlorofluoroether published with the rule.’’ As explained 307(b)(1), judicial review of this final HFC hydrofluorocarbon below, EPA finds that there is good rule is available only by filing a petition HFE hydrofluoroether cause for this rule to become effective for review in the U.S. Court of Appeals HQ Headquarters on January 1, 2015, even though this for the District of Columbia Circuit (the IPCC Intergovernmental Panel on Climate Change may result in an effective date fewer Court) by February 9, 2015. Under CAA than 30 days from date of publication in Kg kilograms section 307(d)(7)(B), only an objection Mscf thousand standard cubic feet the Federal Register. to this final rule that was raised with While this action is being signed prior mtCO2e metric tons carbon dioxide reasonable specificity during the period equivalent to December 1, 2014, there is likely to for public comment can be raised during N2O nitrous oxide be a significant delay in the publication judicial review. Section 307(d)(7)(B) of NAICS North American Industry of this rule as it contains complex the CAA also provides a mechanism for Classification System equations and tables and is relatively the EPA to convene a proceeding for NF3 nitrogen trifluoride long. As an example, then-Acting NODA Notice of Data Availability reconsideration, ‘‘[i]f the person raising Administrator Bob Perciasepe signed NTTAA National Technology Transfer and an objection can demonstrate to EPA the proposed 2013 Revisions Rule on Advancement Act of 1995 that it was impracticable to raise such March 8, 2013, but the proposed rule OMB Office of Management and Budget objection within [the period for public PFC perfluorocarbon was not published in the Federal comment] or if the grounds for such RFA Regulatory Flexibility Act Register until April 2, 2013. objection arose after the period for RY reporting year The purpose of the 30-day waiting public comment (but within the time SAR Second Assessment Report period prescribed in 5 U.S.C. 553(d) is SF sulfur hexafluoride specified for judicial review) and if such 6 to give affected parties a reasonable time TAR Third Assessment Report objection is of central relevance to the to adjust their behavior and prepare TPY tons per year outcome of the rule.’’ Any person before the final rule takes effect. To UMRA Unfunded Mandates Reform Act of seeking to make such a demonstration to 1995 employ the 5 U.S.C. 553(d)(3) ‘‘good us should submit a Petition for UNFCCC United Nations Framework cause’’ exemption, an agency must Reconsideration to the Office of the Convention on Climate Change ‘‘balance the necessity for immediate Administrator, Environmental U.S. United States implementation against principles of Protection Agency, Room 3000, EPA WWW Worldwide Web fundamental fairness which require that WJC West Building, 1200 Pennsylvania Organization of This Document. The all affected persons be afforded a Ave. NW., Washington, DC 20460, with following outline is provided to aid in reasonable amount of time to prepare for a copy to the person listed in the locating information in this preamble. the effective date of its ruling.’’ 1 Where, preceding FOR FURTHER INFORMATION as here, the final rule will be signed and I. Background made available on the EPA Web site CONTACT section, and the Associate A. How is this preamble organized? B. Overview of Previously Proposed more than 30 days before the effective General Counsel for the Air and Radiation Law Office, Office of General Actions Being Finalized in This Final date, but where the publication is likely Rule to be delayed due to the complexity and Counsel (Mail Code 2344A), Environmental Protection Agency, 1200 C. Background on the GHG Reporting Rule length of the rule, the regulated entities D. Legal Authority Pennsylvania Ave. NW., Washington, E. Summary of Final Amendments 1 Omnipoint Corp. v. FCC, 78 F3d 620, 630 (D.C. DC 20004. Note that under CAA section F. When will these amendments apply? Cir. 1996), quoting U.S. v. Gavrilovic, 551 F.2d 307(b)(2), the requirements established G. Relationship Between This Final Rule, 1099, 1105 (8th Cir. 1977). by this final rule may not be challenged the Proposed Rule To Add GWPs to

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Table A–1, and the Proposed The second section of this preamble is the revisions proposed in that action to Amendments to Subpart L organized by the provisions being the subpart L reporting and H. How will these amendments affect amended (e.g., addition of chemical- recordkeeping requirements, with confidentiality determinations? specific and default GWPs to the general certain changes as discussed in Section II. Overview of Final Amendments and provisions, emission reporting II.B of this preamble. Responses to Public Comments • The proposed rule entitled A. Amendments to Table A–1 requirements for fluorinated gas B. Amendments to Subpart L Reporting production, etc.). For each set of ‘‘Greenhouse Gas Reporting Program: Requirements provisions, the preamble describes the Amendments and Confidentiality C. Removal of the Mass-Balance Method amendments that are being finalized, Determinations for Fluorinated Gas From Subpart L summarizes the changes since the Production’’ (hereinafter referred to as D. Clarification of the Subpart L Emission proposed rule(s), summarizes the ‘‘Proposed Amendments to Subpart L’’), Factor Method significant public comments received, published on November 19, 2013 (78 FR III. Overview and Approach to Final CBI and presents the EPA’s response to 69337). We are finalizing that action, Determinations those comments. Additional comments including the proposed confidentiality A. Final Confidentiality Determinations for and responses can be found in the determinations for new or substantially New, Revised, and Unchanged Data revised data elements, with certain Elements document, ‘‘Response to Public B. Public Comments on the Proposed Comments on Proposed Addition of changes as discussed in Sections II.B GWPs to Subpart A and Proposed and III of this preamble. Confidentiality Determinations and • Responses to Public Comment Amendments to Subpart L’’ in Docket The proposed rule entitled IV. Impacts of the Final Rule number EPA–HQ–OAR–2009–0927. ‘‘Greenhouse Gas Reporting Program: A. How were the costs of this final rule The third section of this preamble Addition of Global Warming Potentials’’ estimated? discusses the confidentiality (hereinafter referred to as ‘‘Proposed B. Do the final confidentiality determinations for the data reporting Rule to Add GWPs’’), published on July determinations change the impacts of the elements in subpart L as amended by 31, 2014 (79 FR 44332). We are final amendments? today’s action. finalizing that action with certain V. Statutory and Executive Order Reviews The fourth section of this preamble changes as discussed in Section II.A of A. Executive Order 12866: Regulatory Planning and Review and Executive discusses the economic impacts of the this preamble. Order 13563: Improving Regulation and amendments. More background on the proposed Regulatory Review Finally, the fifth section of this amendments and determinations is B. Paperwork Reduction Act preamble discusses the various statutory provided in Sections I.C and III of this C. Regulatory Flexibility Act (RFA) and executive order requirements preamble. D. Unfunded Mandates Reform Act applicable to this action. (UMRA) C. Background on the GHG Reporting E. Executive Order 13132: Federalism B. Overview of Previously Proposed Rule F. Executive Order 13175: Consultation Actions Being Finalized in This Final Part 98 was initially published in the and Coordination With Indian Tribal Rule Federal Register on October 30, 2009 Governments In today’s final rule, we are finalizing (74 FR 56260). Part 98 became effective G. Executive Order 13045: Protection of amendments and determinations Children From Environmental Health on December 29, 2009, and requires Risks and Safety Risks proposed in four separate previous reporting of GHGs from certain facilities H. Executive Order 13211: Actions That actions. The amendments and and suppliers. A subsequent document Significantly Affect Energy Supply, determinations that we are finalizing finalizing reporting requirements for Distribution, or Use from three of these actions are Fluorinated Gas Production was I. National Technology Transfer and specifically related to Fluorinated Gas published on December 1, 2010 (75 FR Advancement Act Production (subpart L). The four actions 74774). (The final rule published on J. Executive Order 12898: Federal Actions include, in chronological order: December 1, 2010 is hereinafter referred To Address Environmental Justice in • The proposed rule entitled to as the ‘‘2010 Subpart L Rule’’). Minority Populations and Low-Income ‘‘Proposed Confidentiality Populations 1. Background on Addition of GWPs to K. Congressional Review Act Determinations for Data Elements Under the Mandatory Reporting of Greenhouse Subpart A I. Background Gases Rule’’ (hereinafter referred to as Table A–1 to subpart A of 40 CFR part A. How is this preamble organized? ‘‘2012 Proposed Confidentiality 98 (Table A–1) is a compendium of Determinations’’), published on January GWP values of certain GHGs that are The first section of this preamble 10, 2012 (77 FR 1434). As discussed required to be reported under one or contains an overview of the previously further in Section III of this preamble, more subparts of the GHG Reporting proposed actions being finalized by we are finalizing many of the Rule. These GWPs are used to convert today’s final rule, background confidentiality determinations that were tons of chemical into tons of CO2- information regarding the Greenhouse proposed in that action for the subpart equivalent (CO2e) for purposes of Gas Reporting Program (GHGRP), an L data elements that are not being various calculations and reporting overview of the final amendments, removed or substantially revised under the rule. As indicated in the information on when the amendments elsewhere in this action. Federal Register document for the final become effective, how this rule affects • The proposed rule entitled Part 98 (74 FR 56348), it is the EPA’s confidentiality determinations, and how ‘‘Revisions to Reporting and intent to periodically update Table A– this rule relates to other GHG reporting Recordkeeping Requirements, and 1 as GWPs are evaluated or reevaluated actions. This section also discusses the Proposed Confidentiality by the scientific community. This will EPA’s use of our legal authority under Determinations Under the Greenhouse provide a more accurate and complete the CAA to collect data under the Gas Reporting Program’’ (hereinafter account of the atmospheric impacts of Greenhouse Gas Reporting Rule, referred to as the ‘‘Proposed Inputs GHG emissions and supplies. hereinafter referred to as the ‘‘GHG Rule’’), published on September 11, GWPs that have been newly evaluated Reporting Rule’’ or ‘‘Part 98.’’ 2013 (78 FR 55994). We are finalizing or reevaluated in the peer-reviewed

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scientific literature are periodically the quality and completeness of the information made available by the consolidated and published by the GWPs used to calculate and report NODA and on the proposed fluorinated Intergovernmental Panel on Climate emissions under the GHGRP. On GHG groups and associated default Change (IPCC). The initial Table A–1 November 29, 2013, we published the GWPs included in the Proposed finalized in the 2009 GHG Reporting final rule entitled ‘‘2013 Revisions to Amendments to Subpart L. Rule included GWP values from the the Greenhouse Gas Reporting Rule and On July 31, 2014, after considering the Second Assessment Report (SAR) and, Final Confidentiality Determinations for public comments on all of the actions for gases that were not included in SAR, New or Substantially Revised Data described above, we published the from the Fourth Assessment Report 2 Elements’’ (78 FR 71904, November 29, Proposed Rule to Add GWPs, in which (hereinafter referred to as ‘‘IPCC AR4’’ 2013; hereinafter referred to as ‘‘final we proposed to amend Table A–1 to add or ‘‘AR4’’). (In addition, Table A–1 2013 Revisions Rule’’). That rule chemical-specific and default GWPs. included a GWP for one fluorinated amended Table A–1 to update the GWPs The 103 proposed chemical-specific GHG that had been published in the for GHGs included in AR4 to the AR4 GWPs were primarily drawn from the peer-reviewed literature but not an IPCC values. The revisions improved the Fifth Assessment Report (AR5). The 3 report, the GWP for sevoflurane.) The quality of reported CO2e emissions and eight proposed default GWPs were IPCC recently published the Fifth supply by reflecting improved scientific intended for fluorinated GHGs and Assessment Report (AR5), which understanding (since the publication of fluorinated HTFs for which peer- contains GWPs for a number of SAR) of the radiative forcing and reviewed GWPs are not available in fluorinated GHGs that were not atmospheric lifetimes of the GHGs that AR4, AR5, or other sources, and they included in either SAR or AR4.4 have GWPs in AR4. In addition, for were calculated and applied based on The scope of the fluorinated those GHGs, the revisions ensured fluorinated GHG group. Each compounds reported under the GHGRP comparability of data collected in the fluorinated GHG group was composed is established by the definition of GHGRP to the Inventory of U.S. of compounds with similar chemical ‘‘fluorinated GHG’’ at 40 CFR 98.6 (and, Greenhouse Gas Emissions and Sinks structures, which have similar for subpart I, ‘‘fluorinated HTF’’ at 40 that the EPA compiles annually to meet atmospheric lifetimes and GWPs. CFR 98.98), rather than by inclusion in international commitments under the The Proposed Rule to Add GWPs Table A–1. The EPA therefore receives United Nations Framework Convention reflected our efforts to weigh multiple reports of emissions and supplies for a on Climate Change (UNFCCC). considerations in updating the set of number of fluorinated compounds that Countries that submit GHG inventories GWPs used under the GHGRP, have not had GWPs included in Table under the UNFCCC have decided to use including the accuracy of the GWPs, the A–1.5 These supplies, and a large AR4 GWPs for the GHGs that have AR4 consistency of those GWPs with the fraction of these emissions, have been GWPs, beginning with the inventories GWPs used in other national and assigned a GWP of zero for purposes of submitted in 2015.7 international programs, the GHGRP calculations and reporting, On April 5, 2013, we published a predictability and stability of the GWPs, including threshold determinations.6 Notice of Data Availability (NODA) (78 the source of the GWPs, and the impacts As discussed in the Proposed Rule to FR 20632) regarding another 43 of those GWPs on other regulatory Add GWPs, the EPA has recently fluorinated GHGs and HTFs whose programs. In the proposed rule, we undertaken several efforts to improve GWPs were not included in Table A–1.8 weighed these considerations in the On November 19, 2013, we published context of proposing to add GWPs for 2 IPCC Fourth Assessment Report (AR4), 2007. the Proposed Amendments to Subpart L, GHGs that are not presently included in Climate Change 2007: The Physical Science Basis. including a proposed amendment to Table A–1. For such GHGs, the Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel establish within subpart L a new set of improvement in accuracy associated on Climate Change [Core Writing Team, Pachauri, default GWPs by fluorinated GHG group with listing a GWP in Table A–1 is R.K and Reisinger, A. (eds.)]. IPCC, Geneva, for the emissions calculated and likely to be large, because the alternative Switzerland, 104 pp. reported under that subpart. The is generally to continue to assign these 3 Langbein, T., H. Sonntag, D. Trapp, A. Hoffmann, W. Malms, E.-P. Ro¨th, V. Mo¨rs and R. proposed set of five default GWPs was GHGs a GWP of zero for purposes of the Zellner, 1999. ‘‘Volatile anaesthetics and the intended to replace the current set of calculations and reporting under the atmosphere: atmospheric lifetimes and atmospheric two default GWPs in subpart L GHGRP. effects of halothane, enflurane, isoflurane, (discussed further in Section I.C.2 of The EPA is finalizing the addition of desflurane and sevoflurane.’’ British Journal of Anaesthetics 82 (1): 66–73, discussed in the this preamble) that are applied to both chemical-specific and default Technical Support Document for Industrial Gas fluorinated GHGs that are not included GWPs in this action, with certain Supply: Production, Transformation, and in Table A–1, increasing the precision changes following consideration of Destruction of Fluorinated GHGs and N2O, Office of and accuracy of calculated CO2e comments submitted. Responses to Air and Radiation, USEPA, February 6, 2009. 4 IPCC, 2013: Climate Change 2013: The Physical emissions. We requested and received significant comments submitted on the Science Basis. Contribution of Working Group I to comments on the GWP-related proposed addition can be found in the Fifth Assessment Report of the Section II of this preamble. Intergovernmental Panel on Climate Change 7 As discussed in the actions for the proposed and [Stocker, T.F., D. Qin, G.K. Plattner, M. Tignor, S.K. final 2013 Revisions Rule, the IPCC publishes 2. Background on Amendments to Allen, J. Boschung, A. Nauels, Y. Xia, V. Bex and Scientific Assessment Reports, including updated Subpart L P.M. Midgley (eds.)]. Cambridge University Press, and expanded sets of GWPs, approximately every Cambridge, United Kingdom and New York, NY, six years. The countries that submit annual GHG On January 10, 2012, the EPA USA, 1535 pp. inventories under the UNFCCC update the GWPs published proposed determinations 5 Such reports have been received under subparts that they use for those inventories less frequently. regarding whether the GHGRP data I, L, OO, and QQ. For example, the GWPs from the IPCC SAR have elements in eight subparts of Part 98, 6 For most subparts, including subparts I, OO, and been used for UNFCCC reporting for over a decade. 8 QQ, reporters have been required to report CO2e We had not included these compounds in the including subpart L, would or would only for fluorinated GHGs listed in Table A–1. proposed 2013 Revisions Rule because not be entitled to confidential treatment Subpart I included a default GWP of 2,000 for documentation for GWPs for these compounds was under the CAA (77 FR 1434). In that purposes of various calculations (but not reporting). limited at the time that the proposal was being proposed rule, the EPA proposed that Subpart L included default GWPs of 2,000 and prepared. We subsequently received more 10,000 for purposes of both calculations and documentation from the compounds’ the chemical identities and quantities of reporting. manufacturers. the fluorinated GHG emissions at the

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process level, reported under subpart L, On October 24, 2014, the EPA issued the information obtained under section 114 are ‘‘emission data.’’ Under section Final Inputs Rule (79 FR 63750). In that except for information that is not 114(c) of the CAA, ‘‘emission data’’ are rule, the EPA did not take final action emission data and that qualifies for not eligible for confidential treatment on the subpart L inputs to emission confidential treatment. The and must be made publicly available. equations but expressed its intent to Administrator has determined that this The EPA received two comments on address those inputs in a separate final rule is subject to the provisions of that proposed rule related to subpart L. rulemaking (79 FR 63754). We are section 307(d) of the CAA. The two commenters raised concerns finalizing in this action various E. Summary of Final Amendments that the disclosure of the identity and proposals, including the above- quantities of the fluorinated GHGs mentioned proposed revisions to The EPA is amending the General emitted at the process level, from either subpart L inputs to emission equations Provisions of the Greenhouse Gas process vents or fugitive sources, would (with certain changes discussed in Reporting Rule as well as certain reveal ‘‘trade secrets’’ regarding Section II of this preamble), to provisions of that rule that affect individual chemical production consolidate all of the revisions to Fluorinated Gas Production facilities. processes. In response to these subpart L that are related to disclosure The final amendments include the comments, the EPA promulgated two concerns. As described in the Proposed following changes: • sets of amendments that deferred full Inputs Rule (78 FR 55994), we evaluated Changes to the General Provisions subpart L reporting until March, 2015, the data elements for which reporting (subpart A) and Conforming Changes to and established temporary, less detailed was deferred to 2015. Our evaluation Electronics Manufacturing (subpart I) reporting requirements for reporting involved a four-step process. The results and Fluorinated Gas Production years (RYs) 2011, 2012, and 2013 (77 FR of the final evaluation are documented (subpart L): 51477, August 24, 2012, and 78 FR in the four following memoranda —Revision of Table A–1 to subpart A of 71904, November 29, 2013). This was available in the EPA’s Docket ID No. 40 CFR part 98 (Table A–1), the intended to allow the EPA additional EPA–HQ–OAR–2010–0929: compendium of GWPs used to time to evaluate the concerns raised by • ‘‘Summary of Data Collected to calculate CO2e under the GHGRP, to the commenters and to consider how Support Determination of Public add chemical-specific GWPs for the rule might be changed to balance Availability of Inputs to Emission approximately 100 fluorinated GHGs. these concerns with the EPA’s need to Equations for which Reporting was The chemical-specific GWPs are obtain the data necessary to inform the Deferred to March 31, 2015,’’ September primarily drawn from AR5. development of future GHG policies and 2014. —Revision of Table A–1 to add default programs. The temporary provisions • ‘‘Final Evaluation of Competitive GWPs for fluorinated GHGs and required facilities to report total Harm from Disclosure of ‘Inputs to fluorinated HTFs for which peer- fluorinated GHG emissions at the Equations’ Data Elements Deferred to reviewed GWPs are not available. facility level in tons of CO2e and, to March 31, 2015,’’ September 2014. These default GWPs are calculated enable such reporting for fluorinated • ‘‘Evaluation of Alternative and assigned based on fluorinated GHGs that did not have GWPs on Table Calculation Methods,’’ August 2013. GHG group and are based on the A–1, established two default GWPs. • ‘‘Evaluation of Alternative chemical-specific GWPs for the On November 19, 2013, the EPA Verification Approaches For compounds in Table A–1 as revised published the Proposed Amendments to Greenhouse Gas Reporting Rule by this rule, that is, on a combination Subpart L. In addition to the five default Subparts for which Reporting of Inputs of AR4 and AR5 GWPs. GWPs discussed in Section I.C.1 of this to Emission Equations was Deferred to —Conforming changes to subparts I and preamble, the proposed amendments March 31, 2015,’’ August 2013. L, which previously included their included revisions to the reporting own default GWPs for purposes of D. Legal Authority requirements of subpart L to allow more certain CO2e calculations. aggregated reporting (as compared to the The EPA is finalizing these rule • Changes to Fluorinated Gas 2010 Subpart L rule) to address amendments under its existing CAA Production (subpart L): potential disclosure concerns; removal authority provided in CAA section 114. —Revision of the reporting of the option to use the mass-balance As stated in the preamble to the 2009 requirements of subpart L to allow approach; clarification of the emission final GHG reporting rule (74 FR 56260, more aggregated reporting as factor approach; and various technical October 30, 2009), CAA section compared to the 2010 Subpart L rule corrections. The EPA is finalizing those 114(a)(1) provides the EPA broad to address potential disclosure amendments in this action, with certain authority to require the information concerns (see Section II.B.1 of this changes following consideration of required to be gathered by this rule preamble). comments submitted. Responses to because such data inform and are —Addition of a requirement to use an significant comments submitted on the relevant to the EPA’s carrying out a EPA-provided inputs verification tool proposed amendments can be found in wide variety of CAA provisions. See the (IVT) for certain inputs to subpart L Section II of this preamble. preambles to the proposed (74 FR emission equations for which On September 11, 2013 (78 FR 55994), 16448, April 10, 2009) and final Part 98 reporting was deferred to 2015 and for the EPA published the Proposed Inputs (74 FR 56260) for further information. which disclosure concerns have been Rule, in which we proposed In addition, the EPA is finalizing identified. amendments to the recordkeeping and confidentiality determinations for —Removal of the requirement to report reporting provisions of Part 98, certain data elements required under the certain inputs to subpart L emission including an alternative verification GHG Reporting Rule under its equations for which reporting was approach, to address the inputs to authorities provided in sections 114, deferred to 2015 and for which emission equations for which disclosure 301, and 307 of the CAA. As mentioned disclosure concerns have been concerns were identified. The Proposed above, CAA section 114 provides the identified. (This includes the revising Inputs Rule included proposed EPA authority to collect the information of Table A–7 in Subpart A.) revisions to the reporting and in Part 98. Section 114(c) requires that —Removal of the requirement to report recordkeeping provisions of subpart L. the EPA make publicly available certain inputs to subpart L emission

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equations for which reporting was 2013 under the Final 2013 Revisions elements (78 FR 69337, November 19, deferred to 2015 due to their not being Rule. 2013). The final confidentiality useful for data verification or Under today’s final action, the determinations for these data elements informing future GHG policy requirement to enter inputs to subpart L together with our rationale are development in the absence of other emission equations into IVT applies to discussed in detail in Section III.A of deferred inputs for which the RY 2015 and all subsequent reporting this preamble. For four of the existing reporting requirements are being years. As discussed further in Section data elements, we are not finalizing removed. II.B.1 of this preamble, starting with RY confidentiality determinations for the —Removal of the option to use the 2015 (which is required to be reported reasons discussed in Section III.A. In mass-balance approach. by March 31, 2016) will allow the EPA addition, as with inputs to emission —Clarification of the emission factor to develop a subpart L IVT module that equations in other Part 98 subparts, we approach. integrates the subpart L reporting are not finalizing confidentiality —Various technical corrections. requirements being finalized in this determinations for any subpart L inputs action. F. When will these amendments apply? to emission equations data. Lastly, the Amendments to Table A–1. The G. Relationship Between This Final amendments remove certain other amendments to Table A–1 apply to Rule, the Proposed Rule To Add GWPs existing subpart L reporting reporting that occurs in calendar year to Table A–1, and the Proposed requirements, while continuing to 2015 and subsequent years. For all Amendments to Subpart L require that records be kept of these subparts except subpart L, discussed This rule is finalizing both the elements. Because the EPA is finalizing below, this is limited to the reporting of Proposed Rule to Add GWPs to Table the removal of these data elements, the data gathered in 2014 (i.e., RY 2014) and A–1 and the Proposed Amendments to EPA is not taking final action on the future years.9 Subpart L. As discussed in the Proposed previously proposed confidentiality Subpart L. With one exception, Rule to Add GWPs, the default GWPs determinations for the removed data discussed below, the amendments apply that are being finalized in this action elements. to reporting under 40 CFR part 98, will apply across Part 98, including to subpart L (subpart L) that occurs in subpart L. Thus, subpart L will no II. Overview of Final Amendments and calendar year 2015 and subsequent longer include its own default GWPs. Responses to Public Comments years. This includes reporting of This will simplify subpart L and ensure A. Amendments to Table A–1 information for RY 2014 and subsequent future as well as current consistency reporting years (i.e., information related among the default GWPs applied across 1. Summary of Final Amendments to to emissions that occur in 2014 and Part 98. Table A–1 subsequent years). It also includes reporting of certain information for RYs H. How will these amendments affect As proposed, we are amending Table 2011, 2012, and 2013. We previously confidentiality determinations? A–1 to subpart A of Part 98 to add deferred full reporting for RYs 2011 and In this action, we are finalizing chemical-specific and default GWPs. We 2012 under the rule titled ‘‘2012 confidentiality determinations for are adding peer-reviewed, chemical- Technical Corrections, Clarifying and certain subpart L data elements. The specific GWPs for the 98 compounds Other Amendments to the Greenhouse EPA proposed confidentiality listed in Table 2 of this preamble. To Gas Reporting Rule, and Confidentiality determinations for the subpart L data reflect the latest scientific consensus Determinations for Certain Data elements (77 FR 1434, January 10, regarding fluorinated GHGs that do not Elements of the Fluorinated Gas Source 2012), and then proposed additional have GWPs in AR4, we are adopting the Category’’ (77 FR 51477; August 24, confidentiality determinations for new GWPs provided for 97 of these 98 2012). We deferred full reporting for RY or substantially revised subpart L data compounds in Table 8.A.1 of AR5.10 TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1

AR5 GWP Common or trade name Chemical name(s) CAS No. Chemical formula (100-year)

Saturated HFCs

Saturated HFCs with two or fewer carbon-hydrogen bonds

HFC-227ca ...... 1,1,1,2,2,3,3-Heptafluoropropane ...... 2252–84–8 CF3CF2CHF2 2640 HFC-329p ...... 1,1,1,2,2,3,3,4,4-Nonafluorobutane ...... 375–17–7 CHF2CF2CF2CF3 2360

Saturated HFCs with three or more carbon-hydrogen bonds

HFC-245cb ...... 1,1,1,2,2-Pentafluoropropane ...... 1814–88–6 CF3CF2CH3 4620 HFC-245ea ...... 1,1,2,3,3-Pentafluoropropane ...... 24270–66–4 CHF2CHFCHF2 235 HFC-245eb ...... 1,1,1,2,3-Pentafluoropropane ...... 431–31–2 CH2FCHFCF3 290 HFC-263fb ...... 1,1,1-Trifluoropropane ...... 421–07–8 CH3CH2CF3 76 HFC-272ca ...... 2,2-Difluoropropane ...... 420–45–1 CH3CF2CH3 144

Saturated PFCs

PFC-6-1-12 ...... Hexadecafluoroheptane ...... 335–57–9 C7F16; CF3(CF2)5CF3 7820

9 10 With the exception of subpart L, we are not with CO2e values calculated using the revised For one compound, CF3I, which was requiring or allowing reporters to submit revised GWPs. This is the same approach as we adopted in inadvertently excluded from Table A–1 previously, certified reports for RYs 2010, 2011, 2012, or 2013 the final Revisions Rule (78 FR 71939). we are adding an AR4 GWP as proposed.

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TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1—Continued

AR5 GWP Common or trade name Chemical name(s) CAS No. Chemical formula (100-year)

PFC-7-1-18 ...... Octadecafluorooctane ...... 307–34–6 C8F18; CF3(CF2)6CF3 7620 Perfluorodecalin (cis) ...... 60433–11–6 Z-C10F18 7240 Perfluorodecalin (trans) ...... 60433–12–7 E-C10F18 6290

Saturated HFEs

Saturated HFEs and HCFEs with one carbon-hydrogen bond

HFE-329me3 ...... 1,1,1,2,3,3-Hexafluoro-3-(trifluoromethoxy)propane ...... 428454–68–6 CF3CFHCF2OCF3 4550 1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2-tetrafluoroethoxy)-propane ... 3330–15–2 CF3CF2CF2OCHFCF3 6490

Saturated HFEs and HCFEs with two carbon-hydrogen bonds

HFE-236ca ...... 1-(Difluoromethoxy)-1,1,2,2-tetrafluoroethane ...... 32778–11–3 CHF2OCF2CHF2 4240 HCFE-235ca2; enflurane ...... 2-Chloro-1-(difluoromethoxy)-1,1,2-trifluoroethane ...... 13838–16–9 CHF2OCF2CHFCl 583 HG-02 ...... 1-(Difluoromethoxy)-2-(2-(difluoromethoxy)-1,1,2,2- 205367–61–9 HF2C-(OCF2CF2)2-OCF2H 3825 tetrafluoroethoxy)-1,1,2,2-tetrafluoroethane. HG-03 ...... 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12-Hexadecafluoro-2,5,8,11- 173350–37–3 HF2C-(OCF2CF2)3-OCF2H 3670 tetraoxadodecane. HG-20 ...... (Difluoromethoxy)((difluoromethoxy)difluoromethoxy) 249932–25–0 HF2C-(OCF2)2-OCF2H 5300 difluoromethane. HG-21 ...... 1,1,3,3,5,5,7,7,8,8,10,10-Dodecafluoro-2,4,6,9-tetraoxadecane .... 249932–26–1 HF2C- 3890 OCF2CF2OCF2OCF2O- CF2H HG-30 ...... 1,1,3,3,5,5,7,7,9,9-Decafluoro-2,4,6,8-tetraoxanonane ...... 188690–77–9 HF2C-(OCF2)3-OCF2H 7330 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15-eicosafluoro- 173350–38–4 HCF2O(CF2CF2O)4CF2H 3630 2,5,8,11,14-Pentaoxapentadecane. 1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane ...... 84011–06–3 CHF2CHFOCF3 1240 Trifluoro(fluoromethoxy)methane ...... 2261–01–0 CH2FOCF3 751

Saturated HFEs and HCFEs with three or more carbon-hydrogen bonds

HFE-263m1; R-E-143a ...... 1,1,2,2-Tetrafluoro-1-(trifluoromethoxy)ethane ...... 690–22–2 CF3OCH2CH3 29 HFE-347mmz1; Sevoflurane ...... 2-(Difluoromethoxy)-1,1,1,3,3,3-hexafluoropropane ...... 28523–86–6 (CF3)2CHOCH2F 216 HFE-365mcf2 ...... 1-Ethoxy-1,1,2,2,2-pentafluoroethane ...... 22052–81–9 CF3CF2OCH2CH3 58 HFE-356mff2 ...... bis(2,2,2-trifluoroethylTrifluoroethyl) ether ...... 333–36–8 CF3CH2OCH2CF3 17 HG′-01 ...... 1,1,2,2-Tetrafluoro-1,2-dimethoxyethane ...... 73287–23–7 CH3OCF2CF2OCH3 222 HG′-02 ...... 1,1,2,2-Tetrafluoro-1-methoxy-2-(1,1,2,2-tetrafluoro-2- 485399–46–0 CH3O(CF2CF2O)2CH3 236 methoxyethoxy)ethane. HG′-03 ...... 3,3,4,4,6,6,7,7,9,9,10,10-Dodecafluoro-2,5,8,11- 485399–48–2 CH3O(CF2CF2O)3CH3 221 tetraoxadodecane. Difluoro(methoxy)methane ...... 359–15–9 CH3OCHF2 144 2-Chloro-1,1,2-trifluoro-1-methoxyethane ...... 425–87–6 CH3OCF2CHFCl 122 1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane ...... 22052–86–4 CF3CF2CF2OCH2CH3 61 2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5-bis[1,2,2,2- 920979–28–8 C12H5F19O2 56 tetrafluoro-1-(trifluoromethyl)ethyl]-furan. 1-Ethoxy-1,1,2,3,3,3-hexafluoropropane ...... 380–34–7 CF3CHFCF2OCH2CH3 23 Fluoro(methoxy)methane ...... 460–22–0 CH3OCH2F 13 1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 2,2,3,3- 60598–17–6 CHF2CF2CH2OCH3 0.49 tetrafluoropropyl ether. 1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane ...... 37031–31–5 CH2FOCF2CF2H 871 Difluoro(fluoromethoxy)methane ...... 461–63–2 CH2FOCHF2 617 Fluoro(fluoromethoxy)methane ...... 462–51–1 CH2FOCH2F 130

Fluorinated formates

Trifluoromethyl formate ...... 85358–65–2 HCOOCF3 588 Perfluoroethyl formate ...... 313064–40–3 HCOOCF2CF3 580 1,2,2,2-Tetrafluoroethyl formate ...... 481631–19–0 HCOOCHFCF3 470 Perfluorobutyl formate ...... 197218–56–7 HCOOCF2CF2CF2CF3 392 Perfluoropropyl formate ...... 271257–42–2 HCOOCF2CF2CF3 376 1,1,1,3,3,3-Hexafluoropropan-2-yl formate ...... 856766–70–6 HCOOCH(CF3)2 333 2,2,2-Trifluoroethyl formate ...... 32042–38–9 HCOOCH2CF3 33 3,3,3-Trifluoropropyl formate ...... 1344118–09–7 HCOOCH2CH2CF3 17

Fluorinated acetates

Methyl 2,2,2-trifluoroacetate ...... 431–47–0 CF3COOCH3 52 1,1-Difluoroethyl 2,2,2-trifluoroacetate ...... 1344118–13–3 CF3COOCF2CH3 31 Difluoromethyl 2,2,2-trifluoroacetate ...... 2024–86–4 CF3COOCHF2 27 2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate ...... 407–38–5 CF3COOCH2CF3 7 Methyl 2,2-difluoroacetate ...... 433–53–4 HCF2COOCH3 3 Perfluoroethyl acetate ...... 343269–97–6 CH3COOCF2CF3 2.1 Trifluoromethyl acetate ...... 74123–20–9 CH3COOCF3 2.0 Perfluoropropyl acetate ...... 1344118–10–0 CH3COOCF2CF2CF3 1.8 Perfluorobutyl acetate ...... 209597–28–4 CH3COOCF2CF2CF2CF3 1.6 Ethyl 2,2,2-trifluoroacetate ...... 383–63–1 CF3COOCH2CH3 1.3

Carbonofluoridates

Methyl carbonofluoridate ...... 1538–06–3 FCOOCH3 95

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TABLE 2—CHEMICAL-SPECIFIC GWPS FOR ADDITION TO TABLE A–1—Continued

AR5 GWP Common or trade name Chemical name(s) CAS No. Chemical formula (100-year)

1,1-Difluoroethyl carbonofluoridate ...... 1344118–11–1 FCOOCF2CH3 27

Fluorinated alcohols other than fluorotelomer alcohols

2,2,3,3,4,4,4-Heptafluorobutan-1-ol ...... 375–01–9 C3F7CH2OH 25 2,2,2-Trifluoroethanol ...... 75–89–8 CF3CH2OH 20 2,2,3,4,4,4-Hexafluoro-1-butanol ...... 382–31–0 CF3CHFCF2CH2OH 17 2,2,3,3-Tetrafluoro-1-propanol ...... 76–37–9 CHF2CF2CH2OH 13 2,2-Difluoroethanol ...... 359–13–7 CHF2CH2OH 3 2-Fluoroethanol ...... 371–62–0 CH2FCH2OH 1.1 4,4,4-Trifluorobutan-1-ol ...... 461–18–7 CF3(CH2)2CH2OH 0.05

Unsaturated compounds

Unsaturated PFCs

PFC-1114; TFE ...... Tetrafluoroethylene (TFE); Perfluoroethene ...... 116–14–3 CF2=CF2; C2F4 0.004 PFC-1216; Dyneon HFP ...... Hexafluoropropylene (HFP); Perfluoropropene ...... 116–15–4 C3F6; CF3CF=CF2 0.05 PFC C-1418 ...... Perfluorocyclopentene; Octafluorocyclopentene ...... 559–40–0 c-C5F8 1.97 Perfluorobut-2-ene ...... 360–89–4 CF3CF=CFCF3 1.82 Perfluorobut-1-ene ...... 357–26–6 CF3CF2CF=CF2 0.10 Perfluorobuta-1,3-diene ...... 685–63–2 CF2=CFCF=CF2 0.003

Unsaturated HFCs and unsaturated HCFCs

HFC-1132a; VF2 ...... Vinylidiene fluoride ...... 75–38–7 C2H2F2, CF2=CH2 0.04 HFC-1141; VF ...... Vinyl fluoride ...... 75–02–5 C2H3F, CH2=CHF 0.02 (E)-HFC-1225ye ...... (E)-1,2,3,3,3-Pentafluoroprop-1-ene ...... 5595–10–8 CF3CF=CHF(E) 0.06 (Z)-HFC-1225ye ...... (Z)-1,2,3,3,3-Pentafluoroprop-1-ene ...... 5528–43–8 CF3CF=CHF(Z) 0.22 Solstice 1233zd(E) ...... trans-1-Chloro-3,3,3-trifluoroprop-1-ene ...... 102687–65–0 C3H2ClF3; CHCl=CHCF3 1.34 HFC-1234yf; HFO-1234yf ...... 2,3,3,3-Tetrafluoroprop-1-ene ...... 754–12–1 C3H2F4; CF3CF=CH2 0.31 HFC-1234ze(E) ...... (E)-1,3,3,3-Tetrafluoroprop-1-ene ...... 1645–83–6 C3H2F4; trans-CF3CH=CHF 0.97 HFC-1234ze(Z) ...... (Z)-1,3,3,3-Tetrafluoroprop-1-ene ...... 29118–25–0 C3H2F4; cis-CF3CH=CHF; 0.29 CF3CH=CHF HFC-1243zf; TFP ...... Trifluoro propene (TFP); 3,3,3-Trifluoroprop-1-ene ...... 677–21–4 C3H3F3, CF3CH=CH2 0.12 (Z)-HFC-1336 ...... (Z)-1,1,1,4,4,4-Hexafluorobut-2-ene ...... 692–49–9 CF3CH=CHCF3(Z) 1.58 HFO-1345zfc ...... 3,3,4,4,4-Pentafluorobut-1-ene ...... 374–27–6 C2F5CH=CH2 0.09 Capstone 42-U ...... Perfluorobutyl ethene (42-U); 3,3,4,4,5,5,6,6,6-Nonafluorohex-1- 19430–93–4 C6H3F9, CF3(CF2)3CH=CH2 0.16 ene. Capstone 62-U...... Perfluorohexyl ethene (62-U); 3,3,4,4,5,5,6,6,7,7,8,8,8- 25291–17–2 C8H3F13, CF3(CF2)5CH=CH2 0.11 Tridecafluorooct-1-ene. Capstone 82-U ...... Perfluorooctyl ethene (82-U); 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- 21652–58–4 C10H3F17, 0.09 Heptadecafluorodec-1-ene. CF3(CF2)7CH=CH2

Unsaturated Halogenated Ethers

PMVE; HFE-216 ...... Perfluoromethyl vinyl ether (PMVE) ...... 1187–93–5 CF3OCFb=bCF2 0.17 Fluoroxene ...... (2,2,2-Trifluoroethoxy)ethene ...... 406–90–6 CF3CH2OCH=CH2 0.05

Other short-lived compounds

Fluorinated Ketones

Novec 1230 ...... FK-5-1-12 Perfluoroketone; FK-5-1-12myy2; Perfluoro(2-methyl- 756–13–8 CF3CF2C(O)CF (CF3)2 0.1 3-pentanone).

Fluorinated Aldehydes

3,3,3-Trifluoro-propanal ...... 460–40–2 CF3CH2CHO 0.01

Fluorotelomer Alcohols

3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol ...... 185689–57–0 CF3(CF2)4CH2CH2OH 0.43 3,3,3-Trifluoropropan-1-ol ...... 2240–88–2 CF3CH2CH2OH 0.35 3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-Pentadecafluorononan-1-ol ...... 755–02–2 CF3(CF2)6CH2CH2OH 0.33 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11- 87017–97–8 CF3(CF2)8CH2CH2OH 0.19 Nonadecafluoroundecan-1-ol.

Compounds with carbon-iodine bonds

a Trifluoroiodomethane ...... 2314–97–8 CF3I 0.4

Other compounds

Halon 1202 ...... Dibromodifluoromethane ...... 75–61–6 CBr2F2 231 Halon-2311; Halothane ...... 2-Bromo-2-chloro-1,1,1-trifluoroethane ...... 151–67–7 CHBrClCF3 41 a AR4.

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We are also adding 12 default GWPs HFCs, unsaturated Finally, although we do not anticipate to Table A–1 for fluorinated GHGs and hydrochlorofluorocarbons (HCFCs), that finalizing the GWPs in this action HTFs that do not have peer-reviewed unsaturated halogenated ethers, will expand the set of facilities required GWPs. As proposed, the default GWPs unsaturated halogenated esters, to report under the GHGRP, we are are based on the average GWPs of fluorinated aldehydes, and fluorinated including special provisions for groups of chemically similar fluorinated ketones, (10) fluorotelomer alcohols, facilities that become newly subject to GHGs because chemically similar (11) fluorinated GHGs with carbon- one or more subparts of Part 98 due to fluorinated GHGs have similar iodine bonds, and (12) other fluorinated the addition of GWPs, as proposed. atmospheric lifetimes and GWPs. The GHGs and HTFs. For each fluorinated Facilities or suppliers that become fluorinated GHG groups are: (1) Fully GHG group, we are basing the default newly subject to a subpart due to the fluorinated GHGs and HTFs, (2) GWP on the average of the chemical- addition of GWPs are not required to saturated hydrofluorocarbons (HFCs) specific GWPs of compounds that with two or fewer carbon-hydrogen belong to that group and that are either report their 2014 emissions or supplies bonds, (3) saturated HFCs with three or on Table A–1 already or are being added under that subpart, but they are required more carbon-hydrogen bonds, (4) to Table A–1 under this rule. The to report their 2015 emissions or saturated hydrofluoroethers (HFEs) and fluorinated GHG groups and associated supplies under that subpart by March hydrochlorofluoroethers (HCFEs) with default GWPs are listed in Table 3 of 31, 2016. From January 1, 2015, to one carbon-hydrogen bond, (5) saturated this preamble. We are also finalizing a March 31, 2015, they may use best HFEs and HCFEs with two carbon- requirement that if a fluorinated GHG available monitoring methods (BAMM) hydrogen bonds, (6) saturated HFEs and does not have a chemical-specific GWP for any parameter that cannot HCFEs with three or more carbon- in Table A–1 of this subpart, reporters reasonably be measured according to the hydrogen bonds, (7) fluorinated must report the fluorinated GHG group monitoring and QA/QC requirements of formates, (8) fluorinated acetates, of which that fluorinated GHG is a the subpart, and they may submit a carbonofluoridates, and fluorinated member. This will allow the EPA to request to EPA to use BAMM beyond alcohols other than fluorotelomer verify that the calculation of carbon March 31. That request must be alcohols, (9) unsaturated dioxide equivalent was conducted submitted by January 31, 2015. perfluorocarbons (PFCs), unsaturated correctly.

TABLE 3—DEFAULT GWPS FOR ADDITION TO TABLE A–1

GWP Fluorinated GHG group (100-year)

Fully fluorinated GHGs ...... 10,000 Saturated HFCs with two or fewer carbon-hydrogen bonds ...... 3,700 Saturated HFCs with three or more carbon-hydrogen bonds ...... 930 Saturated HFEs and HCFEs with one carbon-hydrogen bond ...... 5,700 Saturated HFEs and HCFEs with two carbon-hydrogen bonds ...... 2,600 Saturated HFEs and HCFEs with three or more carbon-hydrogen bonds ...... 270 Fluorinated formates ...... 350 Fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols ...... 30 Unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones ...... 1 Fluorotelomer alcohols ...... 1 Fluorinated GHGs with carbon-iodine bond(s) ...... 1 Other fluorinated GHGs ...... 2000

2. Changes From the Proposed Rule based on comments. Regarding the fluorinated alcohol with the CAS In the Proposed Rule to Add GWPs, chemical-specific GWPs, one numbers 173350–37–3, 205367–61–9, we proposed to add 103 chemical- commenter noted that two stereoisomers and 375–01–9, respectively. In these specific GWPs and eight default GWPs proposed for addition to Table A–1 had cases, we used the average of the two to Table A–1. The proposed fluorinated notation errors (switched E/Z notations); GWPs, since both values had appeared GHG groups for which we proposed this has been corrected in the final in the peer-reviewed literature and had default GWPs were: (1) Fully fluorinated Table A–1. The same commenter also been listed by the AR5 authors. With the GHGs and HTFs, (2) saturated HFCs, (3) observed that the proposed chemical- removal of the five duplicate chemicals, partially segregated saturated HFEs and specific GWPs included some duplicate a total of 98 chemical-specific GWPs are HCFEs, (4) non-segregated saturated compounds with different GWPs. In the being added to Table A–1. HFEs and HCFEs, (5) unsaturated PFCs, final Table A–1, we have removed five We are making three changes to the unsaturated HFCs, unsaturated HCFCs, duplicate compounds. Two sets of proposed fluorinated GHG groups and unsaturated halogenated ethers, duplicates resulted from our inadvertent default GWPs. First, we are dividing the unsaturated halogenated esters, proposed addition to Table A–1 of a group of saturated HFCs into two groups fluorinated aldehydes, and fluorinated GWP for a chemical that already had a based on the number of carbon- ketones, (6) fluorotelomer alcohols, (7) GWP listed. These included two hydrogen bonds in the compound. fluorinated GHGs with carbon-iodine fluorinated alcohols with the CAS Second, we are dividing the group of bonds, and (8) other GHGs and HTFs. numbers 422–05–9 and 920–66–1. In saturated HFEs and HCFEs into three The EPA is making minor changes to these cases, we are retaining the groups based on the number of carbon- the proposed chemical-specific GWPs previously listed GWPs, based on AR4. hydrogen bonds in the compound rather and is revising the fluorinated GHG Three sets of duplicates came from AR5. than two groups based on the position groups and associated default GWPs These included two HFEs and one of the fluorine atoms in the compound

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(segregated vs. partially segregated). groups of saturated HFCs and HFEs that This approach allows us to set default Third, we are dividing the proposed have similar GWPs and to set GWPs that better reflect the average ‘‘other’’ category into three groups: (1) considerably more precise default GWPs GWPs of both of the new, smaller Fluorinated acetates, for these groups. groups. A default GWP of 350 is carbonofluoridates, and fluorinated In the Proposed Rule to Add GWPs, established for fluorinated formates, alcohols other than fluorotelomer we proposed to define the ‘‘other’’ group while a default of 30 is established for alcohols, (2) fluorinated formates, and as including both specific compound fluorinated acetates, carbonofluoridates, (3) other fluorinated GHGs and HTFs. types (i.e., fluorinated acetates, and fluorinated alcohols other than We discussed these options (or similar carbonofluoridates, fluorinated alcohols fluorotelomer alcohols. The new default ones, as described below) in the other than fluorotelomer alcohols, GWPs differ by more than an order of proposed rule and supporting analyses. fluorinated formates, and brominated magnitude, considerably increasing We received one comment supporting compounds) and other compound types their precision for their respective the division of the ‘‘other’’ category into not otherwise included in any of the groups. three categories and received no proposed fluorinated GHG groups. We In addition, we are establishing a negative comments on the other options. proposed to set the default GWP for the separate group for fluorinated GHGs that After further consideration, we have group at 110 based on the average of the do not fall into any of the specific concluded that the advantages GWPs that had been measured for the fluorinated GHG groups and are identified in the proposed rule of these specific compound types in the group. assigning it a default GWP of 2000. This approaches, which are discussed further However, we requested comment on the ‘‘catch-all’’ group, which retains the title below, merit their adoption. These option of setting a higher default (2000) ‘‘Other fluorinated GHGs and HTFs,’’ changes result in the creation of four to account for the possibility that newly includes types of fluorinated GHGs and additional fluorinated GHG groups and synthesized compound types (which HTFs whose GWPs have not been default GWPs, increasing the total would be assigned the default for the studied. Given the removal of most of number of default GWPs from eight to ‘‘other’’ group) would have GWPs the specific, relatively low-GWP 12. As discussed further below, all of whose average was near the overall compound types from this group, a the changes are expected to increase the average for fluorinated GHGs. We noted default GWP of 2000 is likely to better accuracy and precision of the default that the disadvantage of this option was estimate the GWPs of the compounds GWPs. that it would apply an inappropriately that remain in the group than the As noted in the Proposed Rule to Add high GWP to the specific compound proposed default GWP of 110, which GWPs, the number of carbon-hydrogen types included in the group. was based on the GWP values for a bonds in each saturated HFC and HFE In the supporting analysis for the small, unrepresentative subset of (and HCFE) is significantly correlated proposed default GWPs, we further fluorinated GHGs (i.e., acetates, (negatively) with the atmospheric noted that the fluorinated formates had fluoridates, fluorinated alcohols other lifetime and GWP of that compound. significantly higher GWPs than most of than fluorotelomer alcohols, and For the saturated HFEs, the number of the other specific compound types in formates). The default of 2000 is based carbon-hydrogen bonds predicts the the ‘‘other’’ group. The average GWP for on the average for all fluorinated GHGs. GWP more precisely than does the the formates was about 350, while that Where the GWPs of particular position of the fluorine atoms in the for most of the other identified fluorinated GHG groups have not been compound. Moreover, the number of compounds in the group was 20.12 (One published in the peer-reviewed carbon-hydrogen bonds in each other outlier in the group, literature, it is reasonable to assume compound is likely to be known, dibromodifluoromethane (Halon 1202), they may fall anywhere on the facilitating the correct categorization has a GWP of 231.) Noting this continuum of GWPs measured for and default GWP selection for each difference, one commenter on the fluorinated GHGs in general. Based on saturated HFC or HFE that does not Proposed Rule to Add GWPs have a chemical-specific GWP on Table recommended separating the ‘‘other’’ fluorinated GHGs that include chlorine with similar A–1. Thus, grouping the compounds group into three categories: Those with fluorinated GHGs that do not include chlorine (e.g., grouping the HCFEs with the HFEs), we did not according to the number of carbon- GWPs less than 20, those with GWPs propose to take this approach with bromine- hydrogen bonds overcomes the between 20 and 100, and those with containing compounds, because their atmospheric drawback we had identified in previous GWPs over 100. In addition, two behavior can be significantly different from that of proposed rules 11 to dividing up the commenters on the Proposed similar fluorinated GHGs that do not contain bromine. For example, dibromodifluoromethane, saturated HFCs and HFEs (and HCFEs) Amendments to Subpart L, which had which is a saturated compound consisting of by atmospheric lifetime, which is that included a similar grouping and default carbon, fluorine, and bromine, is analogous to fully the atmospheric lifetime of a particular GWP for ‘‘other’’ compounds, had fluorinated GHGs, but it has a much shorter saturated HFC or HFE may not be suggested separating compound types atmospheric lifetime and lower GWP than those compounds (231 vs. 10,000). (Other saturated known. This enables us to establish with average GWPs near 10 or 20 into compounds consisting of carbon, fluorine, and a separate group. bromine, which are not included on Table A–1 11 In both the Proposed Amendments to Subpart In the final rule, we are removing all because they are regulated as ozone-depleting L and the Proposed Rule to Add GWPs, we but one of the identified, specific substances under 40 CFR part 82 and are therefore requested comment on the option of dividing the exempt from the definition of ‘‘fluorinated GHG,’’ saturated HFCs and saturated HFEs into two or compound types from the ‘‘other’’ have higher GWPs; but their average GWP of 2,400 more groups each based on atmospheric lifetime or category and are separating them into is still significantly lower than the average for fully a structural characteristic (such as the number of two groups, each of which is defined to fluorinated GHGs.) 2-bromo-2-chloro-1,1,1- carbon-hydrogen bonds) correlated with contain specific compound types.13 trifluoroethane, which is a saturated compound atmospheric lifetime (78 FR 69343 and 79 FR consisting of carbon, fluorine, chlorine, bromine, 44341). On the Proposed Amendments to Subpart and hydrogen, is analogous to HFCs that include L, we received a comment recommending that we 12 This value rose to 30 after the removal of the two or fewer carbon-hydrogen bonds, but it has a divide the saturated HFEs into two groups based on duplicate compounds, three of which were much shorter atmospheric lifetime and lower GWP a characteristic correlated with atmospheric lifetime fluorinated alcohols in the ‘‘other’’ group. than those compounds (41 vs. 3700). and GWP, the position of the fluorine atom. We 13 The exception is the fluorinated GHGs that (Dibromodifluoromethane and 2-bromo-2-chloro- received no negative comments on the option of include bromine, which we are keeping in the 1,1,1-trifluoroethane are the only bromine- dividing the groups into more groups based on ‘‘Other fluorinated GHGs’’ category, as proposed. containing fluorinated GHGs with chemical-specific atmospheric lifetime. Although we proposed to group (and are grouping) GWPs on Table A–1.)

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this principle, a default GWP of 2000 is Three of the commenters urged the be reported under the GHGRP because currently used in subpart I and subpart EPA to modify the definition of that is established by the definition of L for, respectively, any fluorinated GHG fluorinated GHG to exclude fluorinated ‘‘fluorinated GHG’’ at 40 CFR 98.6 (and, whose GWP is not on Table A–1, and for compounds with very low GWPs. They for subpart I, ‘‘fluorinated HTF’’ at 40 any fluorinated GHG, other than a fully stated that these products were CFR 98.98), rather than by inclusion in fluorinated GHG, whose GWP is not on produced in low volumes and emitted Table A–1. As noted above and in the Table A–1. While the default GWPs in in still lower volumes, meaning that Proposed Rule to Add GWPs, subparts I and L are now being replaced their GWP-weighted emissions did not semiconductor facilities, as well as by the default GWPs in Table A–1, justify the significant administrative other emitters and suppliers of which reflect more precise information burden of reporting them. fluorinated GHGs that do not have regarding the atmospheric behavior of a Response: The EPA agrees that the GWPs on Table A–1, are already number of fluorinated GHG groups, it is AR5 GWPs are the most up-to-date and required to report (and do report) appropriate to retain the default of 2000 accurate available. As proposed, we are emissions and supplies, respectively, of where more precise information is not adopting AR5 GWPs for compounds for these GHGs and HTFs. available. which AR4 GWPs are not available but Regarding the potential impact on are retaining the AR4 GWPs where they permitting requirements of including 3. Summary of Comments and are available. As established in the very-low-GWP gases in Table A–1, Responses Regarding Proposed Rule To Revisions Rule and reiterated in the including these gases is expected to Add GWPs Proposed Rule to Add GWPs, this is to have negligible impact on permitting Comment: All commenters who remain consistent with UNFCCC requirements. As explained in the expressed an opinion on the addition of reporting, which requires the use of AR4 proposal to this rule, the potential chemical-specific GWPs to Table A–1 GWPs for the GHGs with GWPs listed in impact of these proposed changes on supported the addition of most of the AR4, and also with other national and permitting requirements is narrowed by AR5 GWPs that the EPA proposed to international GHG analyses, policies, the U.S. Supreme Court decision in add. (As discussed further below, two and programs. (For more discussion of Utility Air Regulatory Group v. EPA (No. commenters objected to the addition of these analyses and programs, see the 12–1146), which found that greenhouse very-low-GWP compounds to Table Revisions Rule at 78 FR 71912–13). It is gases cannot be treated as an air A–1.) Several commenters noted that also consistent with the approach we pollutant for purposes of determining the IPCC Assessment Reports represent took in the original Table A–1, which whether a source is a major source the most widely recognized source of included GWPs from the SAR where required to obtain a PSD or title V peer-reviewed GWP values, and that the they were available (consistent with permit (79 FR 44344). GWPs in AR5 are the most up-to-date UNFCCC requirements) but also As the EPA explained following the and accurate of those published in these included GWPs from AR4 for Supreme Court decision, the EPA will Reports. compounds for which SAR GWPs were no longer require PSD permits at not available. Two commenters advocated the stationary sources if GHGs are the only The benefits of using the same GWPs pollutant (i) that the source emits or has adoption of AR5 GWPs for all of the as other analyses, policies, and compounds in Table A–1, noting that the potential to emit above the major programs, particularly the Inventory of source thresholds, or (ii) for which there these represented the most recent and U.S. Greenhouse Gas Emissions and accurate GWP values available. One of is a significant emissions increase and a Sinks, are discussed at length in the significant net emissions increase from these commenters asserted that the Revisions Rule (78 FR 71911–12). EPA’s proposal to use AR5 in most but a modification, and the EPA will no Briefly, they include facilitating more longer require a source to obtain a title not all cases is ‘‘internally inconsistent, efficient review and comparison of data arbitrary, and irrational,’’ stating that V permit solely because it emits or has collected through the GHGRP and other the potential to emit GHGs above the GHGRP data are the basis for many U.S. climate programs, reducing the agency analyses and decisions and that major source thresholds.14 Thus, the potential errors that may arise when EPA will only apply the permitting use of the proposed GWP would render comparing multiple data sets or requirements to which the commenters agency decisions less reliable. The converting GHG emissions or supply generally refer to GHGs at new and commenter noted that the EPA could based on separate GWPs, and reducing modified sources that trigger permitting use other means to harmonize the burden for reporters and agencies to requirements on the basis of their information with the UNFCCC reporting keep track of separate GWPs when emissions of air pollutants other than conventions. submitting information to these GHGs (also known as ‘‘anyway Two other commenters disagreed with programs. In the Revisions Rule, we sources’’). Accordingly, PSD’s best the addition to Table A–1 of compounds weighed these benefits against the available control technology (BACT) with very low GWPs, stating that the increase in accuracy that would result requirement will still apply to GHGs proposal would make them, in one of from adopting more recent GWPs to the commenter’s words, subject to better characterize national GHG emitted at or above certain thresholds ‘‘regulation under the GHGRP and also emissions and inform EPA policies. We by anyway sources, and title V permits potentially under the prevention of concluded that, where the choice is for anyway sources will need to significant deterioration (PSD) and Title between an AR4 GWP and an AR5 GWP, incorporate and assure compliance with V permitting programs.’’ The the potential gain in accuracy does not those BACT limits that remain commenters argued that addition of a justify the loss of consistency with 14 Memorandum for Janet G. McCabe and Cynthia large number of low GWP materials to UNFCCC reporting (and associated Giles to Regional Administrators, Next Steps and Table A–1 could substantially increase policy analysis) that would result. Preliminary Views on the Application of Clean Air the reporting burden on U.S. We are adding the GWPs of very-low- Act Permitting Programs to Greenhouse Gases semiconductor manufacturers without GWP fluorinated GHGs to Table A–1 as Following the Supreme Court’s Decision in Utility Air Regulatory Group v. Environmental Protection significantly increasing the accuracy of proposed. It is important to note that Agency (July 24, 2014) (‘‘July 24 Memo’’), at 2, facility reporting or the Inventory as a this does not expand the set of available at http://www.epa.gov/nsr/documents/ whole. fluorinated GHGs and HTFs that must 20140724memo.pdf.

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applicable requirements under a PSD fluorinated GHGs without peer- groups that exhibit some variation in permit issued to the source.15 reviewed GWPs. One of the commenters their GWPs (although the groups have The revised GWP values will apply to noted that the proposed groups and been selected to minimize this future permitting actions when GWPs reflected comments submitted on variation). Nevertheless, for each determining whether a source required the Proposed Amendments to Subpart L, fluorinated GHG group, the default GWP to obtain a PSD permit based on and two of the commenters agreed that is expected to be a non-biased predictor emissions of pollutants other than GHGs default GWPs based on fluorinated GHG of the GWPs of fluorinated GHGs that has emissions of GHGs that exceed the groups, though possibly less than fully belong to that group, including threshold at which BACT applies to accurate, would lead to more accurate fluorinated GHGs that have not had emissions of greenhouse gases from estimates of atmospheric impacts than chemical-specific GWPs published in such sources. While some refinements would a GWP of zero. the peer-reviewed literature. to EPA’s regulations may be Two commenters disagreed with the Importantly, the default GWP is forthcoming based on the Supreme proposed fluorinated GHG groups and expected to be a better predictor (and in Court decision described above, under default GWPs. These commenters stated some cases, a far better predictor) of regulations that remain applicable at that adding default GWPs to Table A– such GWPs than zero, which is always this time, the EPA has defined 1 could have permitting implications an underestimate but is the GWP that greenhouse gases for permitting and that GWPs that have not been peer- has been used to date when no purposes as the aggregate group of the reviewed are more likely to change chemical-specific GWP was on Table following six greenhouse gases: carbon significantly, which may have A–1. Thus, adding the default GWPs to dioxide, nitrous oxide, methane, compliance implications. One of the Table A–1 will significantly increase the hydrofluorocarbons, perfluorocarbons, commenters also asserted that the accuracy of the CO2e emissions that are and sulfur hexafluoride. See, e.g., 40 fluorinated GHG groups were very calculated and reported under the CFR 51.166(b)(48)(i). The amount of broad, and that companies may need to GHGRP. such emissions is quantified for exert considerable effort to determine As noted in the proposal, the default permitting purposes by multiplying the which of the materials used at their GWPs will also increase the stability mass of each of these six gases by the facilities fall into which group and and predictability of calculated CO2e associated GWP in Table A–1. 40 CFR therefore trigger regulatory emissions from facilities. As chemical- 51.166(b)(48)(ii). Any changes to GWP requirements. The other commenter specific GWPs for GHGs are developed, values for substances that are among the argued that establishing default GWPs peer reviewed, and added to Table six gases listed above will become a part was inconsistent with the practice of the A–1, the change from each default GWP IPCC and therefore diverged from to the chemical-specific GWP is likely to of the calculation of CO2e for permitting purposes. In this context, because the accepted international practice. As a be smaller than the change from zero to revised GWPs are so low and the result, U.S. facilities would be subject to the chemical-specific GWP. This will magnitude of their emissions in tons of a different standard than competitors significantly reduce the magnitude of chemical is not expected to be large, the elsewhere. This commenter also noted any future revisions to or revisions to table A–1 in this rule are that default GWPs have not been inconsistencies in the time series of not expected to have a significant published in a peer-reviewed scientific CO2e emissions. At the same time, impact on application of the BACT journal, which the EPA acknowledged having a default GWP for each GHG may ‘‘helps to ensure that the data and requirement to GHGs at sources that allow the EPA to update Table A–1 less methods used to evaluate the GWPs are frequently because the default would trigger the requirement to obtain a consistent with current scientific good reduce the error in CO e estimates that permit based on emission of other 2 practice and thereby helps to ensure presently arises from not having a pollutants.16 that the resulting GWPs are accurate.’’ chemical-specific GWP for that GHG on Contrary to the generalized concerns Response: As proposed, we are adding Table A–1. of the commenters, we believe that default GWPs to Table A–1. These Furthermore, we do not agree that listing of very-low-GWP gases in Table default GWPs will be applied to adding chemical-specific GWPs and A–1 will facilitate informed decision- fluorinated GHGs that do not have default GWPs at this time, or any future making regarding the relative climate chemical-specific GWPs on Table A–1 action to change these GWP values, will impacts of these and other fluorinated (i.e., fluorinated GHGs that did not have have implications for stationary source GHGs in industrial, commercial, and chemical-specific peer-reviewed GWPs permitting that would justify not household use, while having only a available in time for this rulemaking). proceeding with this final action. The negligible permitting impact. Based on This is to ensure that the atmospheric potential implications for permitting fall that information, the EPA may evaluate impacts of all fluorinated GHGs are into two main categories. The first in the future whether it would be accounted for in GHGRP calculations relates to the prospective triggering of appropriate to modify the definition of and reporting. permitting requirements at a source fluorinated greenhouse gas, which is The 12 default GWPs have been based on calculations of CO2e using outside the scope of this rulemaking. developed and will be applied based on GWP values in regulations. The second Comment: Three commenters fluorinated GHG group. For each relates to compliance with emissions supported the proposed fluorinated fluorinated GHG group, we are basing limits in previously issued permits that GHG groups and default GWPs for the default GWP on the average of the may have limits expressed in the form peer-reviewed, chemical-specific GWPs of CO2e calculated using the GWP 15 July 24 Memo at 3–5. of compounds that belong to that group values. 16 The addition of very-low-GWP gases in Table A–1 that are not among the six listed above does and that are either on Table A–1 or are As a general matter and as explained not result in these gases becoming subject to being added to Table A–1 under this above, the potential impact of these permitting requirements under the Clean Air Act. rule. As noted by several commenters changes to GWP values on the PSD and The EPA had made clear that regulations that and by us in the proposed rule, the title V permit requirements that might require monitoring and reporting of pollutant emissions do not make a pollutant subject to default GWPs are not expected to be as apply to sources based on the GWP regulation. See 75 FR 17004, and 40 CFR precise as chemical-specific GWPs, values has been narrowed by the U.S. 52.21(b)(49). because they are based on averages for Supreme Court decision in Utility Air

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Regulatory Group v. EPA (No. 12–1146). Semiconductor Council (WSC) and and (2) emissions by chemical at the Under that decision, sources cannot elsewhere. As noted above, we believe facility level for certain fluorinated GHG become subject to the requirement to that consistency between the GHGRP emissions. These changes apply only to obtain a permit as a major source under and other national and international emissions from production and these permitting programs based solely policies and programs is important for transformation processes; emissions on their emissions of GHGs, thereby the GHGs that are included in AR4; for from venting of container heels and limiting implications of changes to GWP these GHGs, the improvement in destruction of previously produced values in this context. As also discussed accuracy that would be associated with fluorinated GHGs must be reported by above, the revisions to Table A–1 are the use of more recent GWPs (e.g., from chemical and by process as required by otherwise not expected to have a the Comprehensive Review or from the 2010 Subpart L Rule. significant impact on application of the AR5) does not justify the loss of Fluorinated GHG emissions from PSD BACT requirement to GHGs at consistency with UNFCCC reporting production and transformation sources that continue to require a PSD that would result. However, for the processes must be reported by chemical permit based on emissions of other GHGs that are not included in AR4, the at the facility level when (a) the pollutants. improvement in accuracy associated fluorinated GHG is emitted in quantities With respect to permits that have with the assignment of default GWPs above 1,000 metric tons CO2e (mtCO2e) already been issued, as explained in a rather than a GWP of zero does not and the facility produces more than one prior rulemaking relating to revisions to result in a loss of consistency with fluorinated gas product,17 or (b) for GWP values in Table A–1, the EPA does UNFCCC reporting, since the UNFCCC facilities that produce only one not expect the revised GWPs to be does not require the use of AR4 GWPs fluorinated gas product, the fluorinated applied retroactively to prior permitting for reporting emissions of these GHGs. GHG emitted is a major fluorinated GHG determinations and does not expect that In fact, the use of default GWPs constituent of a fluorinated gas product previously approved PSD or title V facilitates compliance with the UNFCCC and the fluorinated gas product is sold permits would be reopened solely based Reporting Guidelines, which ‘‘strongly or otherwise transferred to another on application of the revised GWPs in encourage’’ Annex I Parties ‘‘to also person. (Other fluorinated GHG Table A–1 to prior years’ emissions (78 report emissions and removals of emissions from production and FR 71916). As the EPA previously additional GHGs’’ (i.e., GHGs whose transformation processes at the facility explained, compliance with GHG permit GWPs are not included in AR4). To the level will be reported by chemical type.) limits in existing, final PSD permits extent that other consistency issues Where the emission factor or emission ‘‘may be determined based on the GWPs arise, the EPA and GHGRP stakeholders calculation factor approaches are used, that were effect at the time of permit such as the WSC can make adjustments facilities are required to further issuance (even if the permit does not to GHGRP or other data sets to ensure disaggregate process emissions by specify the applicable GWP value)’’ (78 comparability between those sets (e.g., emission type (i.e., into vented vs. FR 71916). Likewise, with regard to to measure progress toward WSC goals). leaked emissions). In addition to the determinations of whether PSD Regarding the comment that it would changes above, we are replacing the permitting requirements applied to a be difficult to assign fluorinated GHGs requirements to report process-specific source previously permitted, the EPA to the correct fluorinated GHG group emission factors, activity data, and has already explained that ‘‘GWP (and therefore to select the correct destruction efficiencies with a revisions should not affect past default GWP), we have deliberately requirement to identify, as a range, the permitting actions for a source that has defined the groups based on easily level by which the emissions of each obtained a final PSD permit before these ascertained criteria related to chemical process are reduced or controlled (e.g., revisions to Part 98 become effective, structure. To further facilitate selection by destruction devices). We are also regardless of whether or not that PSD of the correct default GWP, we intend to removing the requirement that facilities permit included GHG limits’’ (78 FR automatically assign it through our data report the following data elements: the 71916). Should sources have specific system for commonly used fluorinated contents, locations, and functions of the questions regarding application of the GHGs and HTFs that are reported under streams analyzed under the scoping new GWP values to previously the GHGRP, such as fully fluorinated speciation (40 CFR 98.126(a)(3) and approved PSD or title V permits, they HTFs used in electronics (a)(4)). should contact their permitting manufacturing. Thus, we do not expect All of these changes (as well as the authority or their respective EPA that selection of the correct default GWP revised default GWPs and fluorinated regional office. GHG groups, discussed in Sections II.A While there should be little to no will impose a significant burden on reporting facilities. and II.B.5 of this preamble) will apply impact on both categories of permitting to (previously deferred) reporting for requirements based on this final action B. Amendments to Subpart L Reporting RYs 2011, 2012, and 2013 (i.e., reporting to add chemical-specific GWPs and Requirements of emissions that occurred in 2011, default GWPs for the reasons explained 2012, and 2013), as well as to reporting above, sources are encouraged to talk to 1. Summary of Final Amendments to Subpart L Reporting Requirements for emissions that occur in 2014 and the appropriate permitting authority to later years. As proposed, the EPA is permanently the extent that questions arise regarding To consolidate all of the revisions to amending the subpart L reporting specific permitting requirements that subpart L that are related to disclosure requirements to require reporting at a apply or might apply to their GHG concerns, the EPA also is finalizing in more aggregated level than in the 2010 emissions. this action the alternative verification subpart L rule. Specifically, we are One commenter argued that approach that was proposed for subpart requiring owners and operators of establishing default GWPs was L in the Proposed Inputs Rule. (In the facilities producing fluorinated gases to inconsistent with the practice of the Proposed Amendments to Subpart L, we IPCC and therefore diverged from report (1) emissions by fluorinated GHG accepted international practice, group (chemical type) at the process 17 We are defining fluorinated gas product as the subjecting U.S. facilities to a different level for each generically defined product of the process, including isolated standard than competitors in the World production or transformation process, intermediates.

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discussed the relationship between Amendments to Subpart L, the Proposed destruction efficiency (DE). This change those amendments and the amendments Inputs Rule proposed to remove all is necessary for consistency with our that were proposed in the Proposed subpart L inputs to equations from removal of the requirement to report the Inputs Rule, and we made available a Table A–7. We are finalizing these original DE at 98.126(f)(1). As discussed version of the subpart L regulatory text provisions as proposed. With respect to in the Proposed Amendments to as it would be amended by both actions the data elements in 98.126(b)(10), (11), Subpart L, we identified potential (78 FR 69340).) The alternative and (12), these data elements were disclosure concerns associated with verification approach for subpart L is proposed to be removed from the reporting of exact destruction the same as that in the Final Inputs subpart L provisions in the Proposed efficiencies at the process level under Rule, except that the requirement for Amendments to Subpart L; however, we subpart L. These concerns apply to subpart L reporters to use IVT will inadvertently did not make the revised destruction efficiencies as well apply to RY 2015 and later reporting corresponding changes in Table A–7. As as to original destruction efficiencies. years. This is necessary to allow the a result, consistent with the Proposed To ensure that we continue to receive EPA to develop a subpart L IVT module Amendments to Subpart L, we are useful information on the level of that integrates the subpart L reporting making the corresponding change in control for each process, we are requirements being finalized in this Table A–7 and removing the data finalizing our proposal to replace the action. elements in 98.126(b)(10), (11), and (12) requirement to report exact destruction As noted in the Proposed Inputs Rule, from Table A–7 in this action. efficiencies with the requirement to the inputs verification tool is designed report, as a range, the effective DE of to be used concurrently with annual 2. Changes From the Proposed Rules each process (78 FR 69348–49). reporting by facilities. While additional a. Changes to Provisions Proposed in the In addition to these changes, we have verification could be conducted on past Proposed Amendments to Subpart L revised the proposed fluorinated GHG years’ data if the inputs verification tool groups and default GWPs in response to The EPA is making minor changes to were used for those years, for the comments. These changes are discussed reasons stated in the Proposed Inputs the reporting requirements proposed in below in Section II.B.2.b. Rule, the EPA has determined that the the Proposed Amendments to Subpart L b. Changes to Provisions Proposed added benefit does not outweigh the to clarify and streamline them. First, we Relative to the Alternative Verification burden that would be required for are not finalizing two proposed Approach facilities to use the inputs verification reporting provisions that would be tool for years that will already have redundant with two existing reporting As previously mentioned, the been reported in full by the time the tool provisions. Specifically, we are not Proposed Inputs Rule included an is available for use. For further details, finalizing the proposed paragraphs alternative verification approach and please see the Proposed Inputs Rule (78 98.126(a)(6)(i) and (ii), which would associated reporting and recordkeeping FR 56004). As noted above, facilities have required reporting of emissions requirements. This section discusses the will be submitting full subpart L reports from destruction of previously produced changes since proposal. for Reporting Years 2011, 2012, and fluorinated GHGs and emissions of First, we are not finalizing the entry 2013 in calendar year 2015. container heels, because paragraphs of the inputs to the mass-balance As described in the Proposed Inputs 98.126(g) and (h) already require this equations into IVT as proposed in the Rule, the EPA is currently using a two- reporting. However, we are slightly Proposed Inputs rule. Shortly after step verification approach for the revising 98.126(h) to require reporting of issuing the Proposed Inputs Rule, we GHGRP: aggregate emissions of each fluorinated proposed to remove the mass-balance • Initial automated review of reported GHG across container types and sizes approach altogether in the Proposed data, using an electronic data quality (rather than for each container type and Amendments to Subpart L for the assurance program built into the data size) as would have been required by reasons provided in the proposal. As system, for use by reporters and the EPA the proposed 98.126(a)(6)(i). Reporting discussed in Section II.C of this to help assure the completeness and of emissions by container type and size preamble, we are finalizing the removal accuracy of data. is no longer useful for verification given of the mass-balance method through this • Based on the initial review results, the removal of the requirement to report action. Because the mass-balance follow up with facilities regarding heel factors by container type and size. equations are no longer in subpart L, we potential errors, discrepancies, or Second, we are clarifying in several are not requiring the entry of the inputs questions, including on-site audits. places that the requirements to report to those equations into IVT. Until the Inputs Verification Tool is facility-level emissions by chemical or Second, we are requiring entry of in place, the EPA intends to continue to by fluorinated GHG group apply only to chemical-specific emissions from leaks verify subpart L emissions using this emissions from production and for each process into IVT. In the approach. The EPA may also perform transformation processes. Because Proposed Amendments to Subpart L, we manual checks. More specifically, the emissions from container venting and proposed to replace the reporting of this EPA intends to look at expected destruction of previously produced data element with the reporting of CO2e emission levels and patterns, internal fluorinated GHGs are already required emissions by fluorinated GHG group consistency, consistency with emissions to be reported by chemical from each of from leaks for each process, which we reported previously by the same facility, these activities, it is not necessary to believe will provide us adequate consistency with emissions reported by report them again at the facility level information for policy purposes while other fluorinated gas production (except as part of the total CO2e addressing the potential disclosure facilities, and report completeness. emissions for the facility reported under concerns associated with the reporting We are also finalizing revisions to 98.3(c)(4)(i)). of chemical-specific emissions from Table A–7 by removing all subpart L Third, the EPA is removing process leaks. In our effort to inputs to equations from Table A–7. 98.126(f)(5), the requirement to submit a consolidate all subpart L proposed With the exception of the data elements revised destruction device testing report revisions, including IVT, into one final in 98.126(b)(10), (11), and (12), which when changes to the destruction device action, we note that entry of chemical- were addressed in the Proposed would be expected to affect the specific emissions from leaks into IVT

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will facilitate verification of the if there is a change to the process. The quality of information available to replacement data reporting element. calculations used to develop the inform future policy and that the Specifically, entry into IVT of chemical- emission factors and emission proposal would require significantly specific emissions from leaks for each calculation factors are important for fewer facilities to submit data compared process will allow us to verify (1) the ensuring that facilities have correctly to the original rule. In several cases, the reported CO2e emissions by fluorinated complied with subpart L’s requirements, commenter referred to drawbacks that GHG group from leaks for each process, but they are not essential for verifying the EPA identified in the proposed rule and (2) the emissions reported either by emission calculations every year. for alternatives to the preferred chemical or by fluorinated GHG group Further, individual emission factor approach. The commenter suggested (in CO2e) at the facility level. Emissions measurements are required to be that certain facilities that meet specified from leaks are included in facility totals included in the emissions test report criteria could report their fluorinated in either chemical-specific or CO2e under 40 CFR 98.124(c)(5), which is GHG emissions in a less detailed terms, depending on the magnitude of kept as a record under 40 CFR 127(d)(4). manner. The commenter further the emissions of that chemical at the Similarly, emission factor calculations suggested that one of these criteria facility level. They are therefore a are required to be kept as records under could be whether or not the facility is necessary link between the emissions 40 CFR 127(d)(5). For the reasons stated producing a unique product as opposed from vents calculated by Equations L– above, we are not finalizing the entry of to a widely produced HFC. 21, L–22, L–26, and L–27, which the the data elements in Equations L–20, L– Response: As discussed above, we are EPA proposed to verify using IVT, and 23, and L–25 into IVT. finalizing the amendments to the the emissions that will actually be reporting requirements as proposed. We 3. Summary of Comments and reported at the facility level under these agree with several of the commenters Responses on Proposed Amendments to amendments. In light of the above, we that the amendments will address Reporting Requirements are requiring in this final rule that disclosure concerns while allowing the chemical-specific emissions from leaks Comment: Three commenters EPA to collect the data necessary to for each process be entered into IVT, supported the proposed replacement of inform the development of future GHG along with certain inputs to emission chemical-specific reporting at the policies and programs. This includes equations, as part of the alternative process level with two levels of more data on the magnitudes (in CO2e), verification approach. aggregated reporting. The commenters GWPs, atmospheric lifetimes, and Third, for clarity, we are adding an noted that grouping of classes of sources (vents or leaks) of emissions at explicit requirement to report the compounds will aid in protecting the process level and data on the exact generically identified process for which information about which they have chemical identities and magnitudes of missing data are reported under 40 CFR disclosure concerns. Two of the significant emissions (those that exceed 98.126(d). This is in addition to the commenters specifically agreed with the the 1,000 mtCO2e threshold) at the revisions to 98.126(d) that were proposal that facilities be required to facility level. As discussed in the proposed in the Inputs Rule, which we report emissions of fluorinated GHGs by preamble to the proposed rule, process- are also finalizing in today’s action. chemical when emissions of that specific emissions information allows Because emissions from fluorinated gas fluorinated GHG exceed 1,000 mtCO2e the EPA to identify processes with high production are monitored and for the facility as a whole. An additional potential for emission reductions as calculated at the process level, commenter noted that compound- well as measures to achieve those identification of the process is within specific reporting at the facility level is reductions. Chemical-specific the subpart A requirement to report sufficient to support efforts to identify information allows the EPA, as well as ‘‘each data element for which a missing and resolve differences between the public and the international data procedure was used according to ‘‘bottom-up’’ emission estimates based community, to better understand the the procedures of an applicable on inventory methods and ‘‘top-down’’ atmospheric impacts of U.S. emissions, subpart’’ at 98.3(c)(8). However, to the emission estimates based on changing to compare U.S. emissions to extent there is any potential ambiguity, atmospheric concentrations. Two atmospheric measurements, and, if the addition clarifies the requirement to commenters agreed that a facility inconsistencies between emissions and report the generically identified process. producing only one fluorinated gas atmospheric measurements are found, to Finally, we are not finalizing our should report emissions only by better understand the magnitudes and proposal to enter the data elements in fluorinated GHG group, unless the causes of those inconsistencies. We Equations L–20, L–23, and L–25 into emissions consist of a major fluorinated have concluded that the data that will IVT. These data elements, which are not GHG constituent of the fluorinated gas be collected under this final rule will required to be reported to EPA, were product and that product is sold or enable us to meet these objectives. inadvertently included in the group of transferred to another facility. Contrary to the statements of one of subpart L inputs to emission equations One commenter objected to the the commenters, the amendments will to be entered into IVT in the Proposed proposal to replace some chemical- generally continue to require reporting Inputs Rule. Equation L–20 is used to specific reporting with aggregate of process-specific as well as chemical- calculate emission factors from multiple reporting. The commenter stated that specific information. Under the final individual emission factor the proposal to require less information rule, facilities making more than one measurements; Equation L–23 is used to and ‘‘generic, melded information’’— fluorinated gas product must report calculate adjusted process-vent-specific instead of process-specific and/or their process-specific emissions by emission factors in the event of a chemical specific information—would fluorinated GHG group in CO2e, and process change; and Equation L–25 is undermine the EPA’s mission to protect they must identify their processes by used to calculate emission calculation the health and safety of the American process type and subtype and a generic factors based on emissions calculated public and the environment and the identifier that will remain the same using chemical engineering principles public’s ability to monitor the use of from year to year. Together, these or engineering assessments. These HFCs nationwide. The commenter requirements will enable the EPA and factors are required to be measured and asserted that the EPA’s proposal would the public to identify processes that are calculated only once every ten years or materially reduce the amount and reducing emissions or that have

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potential to reduce emissions specific reporting from fluorinated gas long delays, and potential confusion, in significantly and/or cost-effectively producers. One of the challenges of the release of non-confidential data. (e.g., because the emissions are large developing and applying such criteria Should a disclosure concern arise, we and/or belong to a fluorinated GHG would be that unique processes are encourage reporters to bring it to our group with a relatively high GWP). (The sometimes used to produce even attention expeditiously so that we can requirement to report the effective DE commonly made fluorinated GHGs, consider it. range applied to each process will including commonly made HFCs. Comment: Two commenters further inform such analyses.) In We agree with one of the commenters supported the proposed threshold of addition, facilities making more than that several of the alternatives to the 1,000 mtCO2e at the facility level for one fluorinated gas product are required approach being finalized in today’s rule, reporting emissions by chemical rather to report their facility-level emissions of such as not distinguishing between than by chemical group. Both fluorinated GHGs by chemical when the transformation processes that do and do commenters noted that this would emissions of that chemical exceed 1,000 not transform fluorinated GHGs reduce the number of speciated mtCO2e. This will enable the EPA to produced at another facility, would fluorinated GHGs that would be identify fluorinated GHGs (including have reduced the usefulness of the data identified, thereby reducing the individual HFCs) with high emissions reported to the EPA. We did not receive chemical-specific information and to compare emissions to any comments supporting these potentially available to competitors. atmospheric measurements. alternatives and we are not adopting One commenter stated that, from a Facilities making only one fluorinated them in today’s final rule. verification perspective, it would make gas product are required to report their Comment: Two commenters stated sense to set the threshold as a facility-wide emissions by fluorinated that they did not anticipate that there percentage of total national production GHG group in CO2e, except they must would be export control limitations in of the compound or of facility-wide report the emissions by fluorinated GHG complying with the proposed reporting emissions. when that fluorinated GHG is a major requirements. However, they stated that One commenter agreed that a fluorinated GHG constituent of a in future reporting years, facilities threshold is ‘‘one way that true CBI fluorinated gas product and the would be obligated to comply with concerns could be addressed’’ and that fluorinated gas product is sold or export control requirements in the event the threshold should be set in CO2e; otherwise transferred to another person. that any portion of the information however, the commenter considered For facilities making only one reported was subject to export control 1,000 mtCO2e to be too high and fluorinated gas product, the facility regulations. One of these commenters asserted that the proposed regulations emissions are likely to result from suggested that the EPA either ‘‘use its and comments provided no basis for relatively few processes (and possibly enforcement discretion and determine this threshold. The commenter stated only one), meaning that even in this appropriately that the company could facilities that would like to protect case, the reported emissions are likely to not comply with the GHGRP disclosure of confidential catalysts or be close to process-specific emissions. requirements’’ or provide a ‘‘CBI additives should provide an argument (We believe that only one or two Petition Process’’ to ‘‘address those very based on actual production practices facilities are likely to make only one infrequent occasions where that justify such a high threshold, and fluorinated gas product, which includes confidentiality/export control issues are suggested that a threshold of 100 intermediates that are fluorinated gases.) a concern and could not have been mtCO2e may be protective. Also contrary to the statements of one reasonably anticipated at the time of Response: We are finalizing the 1,000 of the commenters, these amendments comment on the rule.’’ The other mtCO2e threshold for chemical-specific will not require fewer facilities to commenter suggested that the EPA reporting as proposed. As noted in the submit data. The amendments do not provide exemptions for export control proposed rule, we proposed the 1,000 affect the applicability of subpart L; all information where confidentiality issues mtCO2e threshold based on information facilities that have reported to date and were not reasonably understood at the from a fluorinated gas producer that would have reported under the time of rule promulgation. indicating that the vast majority of its 2010 Subpart L final rule if unchanged Response: We are not establishing a CO2e emissions consist of fluorinated going forward will report under these petition or exemption process under GHGs that are emitted in quantities of amendments. which a subpart L reporter could one ton or more from the facility as a Because we have concluded that the withhold reporting on the theory that whole. Using a GWP of 1,000, which is data to be collected under this rule are reporting would disclose sensitive relatively low for fluorinated GHGs in sufficient to inform the development of information. Based on the record for this general, this equates to 1,000 mtCO2e. future GHG policies and programs with rulemaking, including several years of (Note that using a higher GWP would respect to emissions from the discussion with the industry, extensive result in a higher CO2e threshold (e.g., production of all fluorinated gases, we analysis by the EPA, and the comments 10,000 mtCO2e for fluorinated GHGs are not pursuing an approach that submitted on the proposed rule, we that have a GWP of 10,000).) The would impose different reporting believe that the amendments to the producer also noted that the fluorinated requirements for facilities or processes subpart L reporting requirements being GHGs that are emitted in quantities of that produce ‘‘unique’’ vs. ‘‘commonly promulgated today adequately address one ton or more make up a small made’’ fluorinated gases. In addition to the disclosure concerns raised by the fraction of the number of individual being unnecessary, that approach would industry. We expect that the likelihood fluorinated GHGs emitted. Thus, setting require the development and that an unanticipated disclosure the threshold for chemical-specific application of criteria to determine concern would arise is quite low, and reporting at 1,000 mtCO2e is expected to which products or processes are we have concluded that this possibility result in the reporting of the majority of ‘‘unique,’’ which would impose an does not warrant the administrative CO2e emissions in chemical-specific administrative burden both on the burden associated with the development terms, while avoiding the disclosure of Agency and on the regulated of a petition process. Moreover, due to detailed process information. community, and which would likely the detailed information required to be We agree with two of the commenters further delay process- and chemical- reported, a petition process could cause that it is important to consider the

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relationship between the threshold and downtime can significantly increase disclosure of detailed process typical facility-wide and nationwide emissions. The requirement to calculate information (78 FR 69349). The emissions. Because the reporting under and specify a range for the effective DE commenter generally asserts that the subpart L to date has been only in terms therefore provides significantly more destruction device downtime cannot be of CO2e rather than by chemical, we do information than simply reporting the considered CBI but provides no not yet know the exact percentage of unweighted DE or indicating whether or supporting rationale or information. The each facility’s emissions that will be not a process is controlled by a commenter also expresses no reported in chemical-specific terms. destruction device. disagreement with EPA’s assertion that However, we do know that the average Comment: One commenter stated that reporting the effective destruction fluorinated GHG emissions reported reporting the effective DE for processes efficiency as a range will capture the under subpart L by each facility can be >10,000 mtCO2e will greatly benefit the impacts of destruction efficiencies and large: about 415,000 mtCO2e per facility effectiveness of the reporting program downtimes. We are therefore finalizing with a national total of 6.6 million and enhance data reliability. The the reporting of the effective destruction mtCO2e in 2012. The 1,000-mtCO2e commenter noted that the operation of efficiency as a range, as proposed. threshold comprises 0.2 percent of this destruction technology is a key element Regarding the comment that sources average. If 10 fluorinated GHGs were of best practices. The commenter stated should report whether they have in-line emitted below the threshold level, there is no significant burden for destruction equipment or whether they emissions of these fluorinated GHGs facilities to report both the DE and the collect and transport HFCs to a central would make up less than 2 percent of downtime and opined that destruction destruction facility, the requirement that the average, and even emissions of 50 device downtime cannot be considered facilities report their effective fluorinated GHGs below the threshold CBI and should be disclosed. The destruction efficiency for each process would make up less than 10 percent of commenter suggested that facilities also will capture any variability in the the average. While some facilities have report whether they have in-line uptime or overall destruction efficiency emissions that are higher or lower than destruction equipment or whether they associated with the use of different the average, implying that the collect and transport HFCs to a central configurations of destruction devices at percentage of emissions that will be destruction facility. the facility. As a result, this specific reported in chemical-specific terms Response: We agree that reporting the information is not needed. could be higher or lower than average at effective DE, which accounts for both Comment: One commenter stated that those facilities, we have concluded that the DE and the downtime of destruction the chemical specific emissions in this variability is reasonable given the devices, will significantly enhance the 98.126(a)(6) (regarding venting of varying environmental impacts of the value of the data (particularly process- residual fluorinated GHGs from emissions from those facilities. A single level data) collected under subpart L. In returned containers) should be reported numerical threshold is also simpler to the proposed subpart L amendments, as part of the facility-wide totals implement than a threshold expressed the EPA proposed to report the effective required in 98.122(d). The commenter as a fraction of facility emissions. Thus, destruction efficiency as a range. In indicated it is not clear whether we are adopting the former rather than support, the EPA noted in that proposal chemical-specific emissions reported the latter. Although we have concluded that in the memorandum entitled under 40 CFR 98.126(d)(6)(ii) would that setting this threshold equal to 1,000 ‘‘Evaluation of Competitive Harm From impact the confidentiality issues that mtCO2e is reasonable based on the Disclosure of ‘Inputs to Equations,’ ’’ we the EPA is addressing for subpart OO. information available to us at this time, found that reporting the precise DE The commenter stated that container we may reevaluate this threshold if we under subpart L posed disclosure heel venting for materials ‘‘returned find that a large share of national concerns because the DE provides data from the field’’ would provide emissions are not being reported in that could be used with certain other information on a specific product that chemical-specific terms at the facility data to calculate the production rate may be CBI under subpart OO. (In a level once reporting begins under these and/or process efficiency (cost to do follow-up conversation with the EPA, amendments. business) (78 FR 69348).18 Specifically, the commenter clarified that this Comment: One commenter stated the the DE could be used with other data to information was the chemical identity proposed ranges for effective reporting calculate the production rate or the of the product.) 19 DE were sufficient for the purposes of amount of fluorinated GHG in a Response: As noted in Section II.A.2 the GHGRP. The commenter did, destroyed stream removed from the of this preamble, the proposed reporting however, question whether that process and sent to a destruction device. requirement at 40 CFR 98.126(a)(6)(ii), information will be more useful to the This finding, which was unchanged in which would require reporting of the EPA than simply requiring an indication the Final Inputs Rule, applies even more mass of each fluorinated GHG that is regarding whether each process is to the combination of DE and downtime, emitted from returned containers, controlled. The commenter pointed out which, as noted by the commenter, inadvertently repeated the current that destruction efficiencies alone are provides a more accurate measure of the reporting requirement at 40 CFR not indicative of the effectiveness of a extent to which emissions are being 98.126(h)(1), and we are therefore not control device. reduced than DE alone. In addition, the finalizing 40 CFR 98.126(a)(6)(ii) in this Response: We are finalizing the EPA explained in the proposed subpart final rule. calculation method and ranges for the L amendments that reporting the As discussed in the preamble to the effective DE as proposed. We agree with effective DE as a range will capture the Proposed Amendments to Subpart L (78 the commenter that destruction impacts of destruction efficiencies and FR 69350), we did not propose to efficiencies alone do not fully downtimes while avoiding the remove 40 CFR 98.126(h)(1) because characterize the effectiveness of control commenters on previous actions did not devices in reducing emissions. This is 18 August, 2013, available in Docket EPA–HQ– identify the requirement to report why the calculation of the effective DE OAR–2010–0929. This finding was reiterated in the memorandum entitled ‘‘Final Evaluation of chemical-specific emissions of container takes into consideration the downtime Competitive Harm From Disclosure of ‘Inputs to of the destruction device. As discussed Equations’ ’’ Data Elements Deferred to March 31, 19 See docket EPA–HQ–OAR–2009–0927 for in the preamble to the proposed rule, 2015, September, 2014. additional information.

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heels as one of the reporting that the EPA should withdraw these 98.126(b)(7)); the mass of each fluorine- requirements that pose disclosure proposed changes as the needs of public containing product, by-product, and concerns, and we did not believe that transparency outweigh any alleged CBI reactant that are removed from the the requirement posed such concerns. concern. process and fed into the destruction As we explained in the proposal, Response: The commenter specifically device (40 CFR 98.126(b)(8)(i)–(iii)); the container heels consist of the residual objects to the removal of reporting mass of each fluorine-containing by- fluorinated GHGs that remain in requirements in 40 CFR 98.126(b)(5)– product that is removed from the containers returned to gas (9), (f)(1), (g)(1), and (h)(2). The EPA has process and recaptured (40 CFR manufacturers by their customers. If the categorized these data elements as 98.126(b)(8)(iv)); the mass of fluorine in fluorinated GHG has been sold or ‘‘inputs to equations,’’ except for those each stream that is fed into the otherwise distributed to a customer, its in 40 CFR 98.126(b)(5). As stated in the destruction device (40 CFR identity can be ascertained by a person proposed rule deferring the requirement 98.126(b)(9)(i)); the mass of fluorine that other than the fluorinated gas to report inputs to equations, ‘‘For any is recaptured (40 CFR 98.126(b)(9)(ii)); manufacturer, including a competitor. inputs, the release of which EPA and the mass of the fluorinated GHG fed This is the same principle that we used determines could result in the business into the destruction device (40 CFR to support our proposal to require harms alleged by commenters, EPA 98.126(g)(1)). The competitive harm reporting of emissions of the fluorinated would evaluate whether emissions can evaluation further explains that the GHG product by facilities that make one be calculated or verified using demonstrated DE of the destruction product and sell or otherwise distribute additional methodologies, consistent device for each fluorinated GHG fed into it to another person. Thus, we are not with the transparency and accuracy the device from the process (40 CFR removing the requirement at 40 CFR goals of Part 98, without EPA collecting 98.126(b)(8)(v)), the weighted average 98.126(h)(1) to report the masses of these inputs’’ (75 FR 81355). We DE of the destruction device calculated residual fluorinated GHGs vented from examined the data elements for which for each stream (40 CFR containers. reporting was deferred to 2015, as 98.126(b)(9)(iii)), and the DE of each We do not believe that the subpart L described in the Proposed Inputs Rule destruction device for each fluorinated requirement for fluorinated GHG (78 FR 55994). Our evaluation involved GHG whose destruction the facility producers to report the mass of each a four-step process. The results of this reflects in 40 CFR 98.123 (40 CFR fluorinated GHG that is emitted from evaluation were documented in the four 98.126(f)(1) provide data that could be returned containers impacts following memoranda available in the used to calculate the amount of confidentiality determinations for EPA’s Docket ID No. EPA–HQ–OAR– fluorinated GHG in a waste stream fluorinated GHG producers under 2010–0929: • removed from the process and sent to a subpart OO, which applies to suppliers ‘‘Evaluation of Public Availability destruction device. Competitors could of industrial GHGs. Under subpart OO, of Inputs to Emission Equations for deduce the amount of fluorinated GHG we determined that the mass of the which Reporting was Deferred to March sent to a destruction device if the fluorinated GHG product produced and 31, 2015,’’ August 2013. annual emissions of each fluorinated • ‘‘Evaluation of Competitive Harm reported is CBI. We did not address GHG (as required to be reported under from Disclosure of ‘Inputs to Equations’ whether the identity of the fluorinated 40 CFR 98.126(a)(2)) are known and if Data Elements Deferred to March 31, GHG product produced and reported it could be deduced that the emissions was CBI. 2015,’’ August 2013. • ‘‘Evaluation of Alternative consist exclusively of post-destruction 4. Summary of Comments on Calculation Methods,’’ August 2013. device emissions (information that a Amendments to Subpart L Inputs • ‘‘Evaluation of Alternative competitor knowledgeable of some Proposed in the Proposed Inputs Rule Verification Approaches For aspects of the facility and/or of fluorine Comment: One commenter stated that Greenhouse Gas Reporting Rule chemistry might deduce). withdrawing the requirements to report Subparts for which Reporting of Inputs We proposed that these inputs to the mass and quantity of production of to Emission Equations was Deferred to equations would be entered into IVT gases and the DE does not protect a March 31, 2015,’’ August 2013. instead of being reported to the EPA. valid CBI concern and is a great Based on the results of the first and The commenter asserted that the disservice to the public. The commenter second steps of the evaluation amounts of gases produced and the specifically identified the following (evaluation of public availability and destruction efficiencies would not paragraphs as areas of concern: 40 CFR competitive harm), the EPA identified disclose the methodologies for making 98.126(b)(5) through (b)(9), (f)(1), (g)(1), disclosure concerns associated with the those substances; however, it is not the and (h)(2). The commenter argued that subpart L inputs to equations reporting potential disclosure of production the amounts of gases produced and the elements mentioned by the commenter. methods that is of concern for these data destruction efficiencies would not The EPA determined in its elements, but the ability to calculate disclose the methodologies for making memorandum ‘‘Evaluation of production and process efficiency from those substances or protect appropriate Competitive Harm from Disclosure of the release of these data. As discussed CBI concerns ‘‘anymore than a farmer ‘Inputs to Equations’ Data Elements in the proposed competitive harm not disclosing the amount of corn grown Deferred to March 31, 2015,’’ August evaluation and reiterated in final on a hectare of land would protect CBI.’’ 2013 (refer to Docket ID No. EPA–HQ– competitive harm memorandum (which According to the commenter, a review OAR–2010–0929) that the following was unchanged from the proposed of the DE helps evaluate the efficiency inputs to emission equations provide memo for subpart L), disclosing a of different technologies, whether production or raw material data that facility’s production or throughput data companies are optimizing the could cause competitive harm if would be detrimental to a firm’s equipment and whether different released: The mass of each fluorine- competitiveness by revealing collection techniques such as collection containing reactant that is fed into the confidential process information and and destruction at a central facility are process (40 CFR 98.126(b)(6)); the mass operational and marketing strategies, as effective as an in-line destruction of each fluorine-containing product and disclosing process performance and technology. The commenter concluded produced by the process (40 CFR operation information could be

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detrimental to a firm’s competitiveness reveal detailed process information. The associated default GWPs in the by revealing process efficiency, EPA proposed to delete this reporting Proposed Rule to Add GWPs. We also providing insight into a firm’s element as part of its removal of the proposed that the group of unsaturated operational strengths and weaknesses. mass balance method, and the EPA is compounds include unsaturated As a result, our finding that disclosure finalizing the removal of this method in fluorinated ethers, unsaturated of these inputs to equation would be this action. halogenated esters, and fluorinated detrimental to a firm’s competitiveness aldehydes. Following additional 5. Fluorinated GHG Groups still stands. Refer to the memorandum research and the receipt of comments on ‘‘Final Evaluation of Competitive Harm a. Summary of Fluorinated GHG Groups the Proposed Rule to Add GWPs, we from Disclosure of ‘‘Inputs to We are establishing 12 fluorinated decided to add four additional Equations’’ Data Elements Deferred to GHG groups into which subpart L fluorinated GHG groups, as described in March 31, 2015’’ September 2014 (refer facilities will sort emissions for Section II.A.2. In addition to increasing to Docket ID No. EPA–HQ–OAR–2010– reporting at the process level. These the precision and accuracy of the 0929) for additional details on this groups are the same as those established default GWPs, these changes increase finding. We are therefore finalizing as for purposes of developing and the precision of the subpart L process- proposed, with the exception being that assigning the default GWPs being added level reporting that relies on these the inputs to equation in 40 CFR to Table A–1, discussed in Section II.B. chemical groups. The analysis 98.126(b) will not be entered into IVT. supporting the fluorinated GHG groups These inputs are specific to the mass b. Changes Since the Proposed and associated default GWPs can be balance method, which is being Amendments to Subpart L found in the memorandum entitled removed in this action. As a result, We proposed to establish five ‘‘Analysis of Fluorinated Greenhouse since the use of IVT will start for fluorinated GHG groups for process- Gas Groups and Associated Default reporting year 2015 for subpart L, the level reporting under subpart L: (1) GWPs (Revised, November 2014)’’ in mass balance method will no longer be Fully fluorinated GHGs and HTFs, (2) Docket number EPA–HQ–OAR–2009– a method in subpart L. As discussed saturated HFCs, (3) saturated HFEs and 0927. earlier in this section of the preamble, saturated HCFEs, (4) unsaturated PFCs, c. Comments Received on the Proposed we are also requiring the effective DE to unsaturated HFCs, unsaturated HCFCs, Amendments to Subpart L Regarding be reported as a range, which will unsaturated HFEs, and fluorinated Fluorinated GHG Groups and Responses capture the impacts of destruction ketones, and (5) other fluorinated GHGs efficiencies and downtimes while and HTFs. Commenters requested that Comment: Three commenters avoiding the disclosure of detailed we split the third group, expand the supported the establishment of process information. fourth group, and add two additional fluorinated GHG groups based on Finally, for the heel factor calculated groups, fluorotelomer alcohols and chemical type for purposes of for each container size and type (40 CFR fluorinated GHGs with carbon-iodine aggregating process-level emissions and 98.126(h)(2)), the EPA determined in the bonds, to increase the precision and setting default GWPs, although each harm evaluation that these data could be accuracy of the default GWPs applied to commenter suggested revisions to the proposed groups. used to calculate the number of tanks the chemicals in these groups. One Response: We agree that establishing processed if the emissions from each commenter stated that five types of type of container (as required to be fluorinated GHG groups and GWPs compounds, including unsaturated based on chemical type helps to ensure reported in 40 CFR 98.126(h)(1)) are also fluorinated ethers, unsaturated known. (The confidentiality that the groupings and default GWPs halogenated esters, fluorinated convey accurate and precise information determination for the emissions from aldehydes, fluorotelomer alcohols,20 each type of container as required to be about the atmospheric impacts of the and fluorinated GHGs with carbon fluorinated GHGs that fall into the reported in 40 CFR 98.126(h)(1) is being iodine bonds, would have been assigned finalized in this action as emission groups. The comments and responses GWPs that were too high if they had regarding suggested changes to the data.) The number of each type of tank remained in the ‘‘Other’’ category. processed and the size of the tanks proposed fluorinated GHG groups are Another commenter stated that two could provide insight into product sales. discussed in Section II.B.5.b of this types of saturated HFEs and HCFEs Again, the commenter did not provide preamble and in the response to would have been assigned GWPs that any rationale for reversing these comments document for this rule in were, on average, either too high (for findings beyond asserting that the mass Docket number EPA–HQ–OAR–2009– partially segregated saturated HFEs and and amount of gases produced and the 0927. HCFEs) or too low (for non-segregated destruction efficiency rates will not Comment: Three commenters saturated HFEs and HCFEs). supported adding chemical-specific disclose the methodologies for making We agreed with these comments and the substances. As a result, our finding GWPs to Table A–1 when those values consequently included the suggested that the heel factor could provide were established by an internationally additional fluorinated GHG groups and insight into product sales still stands, recognized scientific body, peer- and we are finalizing as proposed that reviewed, or supported by adequate 20 At one point in its comment, the commenter this input to equation be entered into recommended establishing a separate group for technical demonstrations. IVT rather than reported to the EPA. fluorinated alcohols generally, which is a larger set Response: As discussed above, the With respect to the mass of F–GHG than fluorotelomer alcohols, with an average GWP EPA is amending Table A–1 to add 98 by-product emitted from the process (40 of approximately 25 (including fluorotelomer chemical-specific GWPs, which are alcohols) or 30 (excluding fluorotelomer alcohols). CFR 98.126(b)(5)), this data element is Another commenter also recommended establishing primarily drawn from the IPCC AR5. A not an input to an equation and was a separate group to account for fluorinated GHGs discussion of the EPA’s criteria for therefore not included in the Proposed with GWPs at or near a value of 10. As discussed including chemical-specific GWPs in Inputs rule. It was, however, part of the in Section II.A of this preamble, we are establishing Table A–1 can be found in the Proposed a separate fluorinated GHG group that has a default Proposed Amendments to Subpart L. As GWP of 30 and that includes, among other types of Rule to Add GWPs (79 FR 44332). As discussed in the Proposed Amendments compounds, fluorinated alcohols other than noted above, the new chemical-specific to Subpart L, the data element may fluorotelomer alcohols. GWPs in Table A–1 will be applied to

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the fluorinated GHGs reported under introduction of the new default GWPs emission factor from the emissions subpart L, as appropriate, as well as would not affect threshold evaluations testing.’’ under other subparts. that have already been conducted under Together, these paragraphs require Comment: One commenter continued subpart L (i.e., preliminary engineering fluorinated gas production facilities to to believe that the ‘‘best estimate’’ estimates used to ascertain whether conduct emissions testing on approach currently contained in the emissions testing is required). With the continuous process vents whose subpart L rule [98.126(j)(3)] as an revised GWPs, one commenter noted it emissions are calculated to exceed interim reporting construct is the most is possible that changes would occur in 10,000 metric tons of CO2e per year appropriate method for determining the calculations that are made under 40 either under the preliminary GWPs when they are not listed in Table CFR 98.123(c)(1) or (2) and that calculations of 40 CFR 98.123(c)(1) or A–1. However, the commenter calculated emissions could increase under subsequent measurements and appreciated the EPA’s need to provide above the 10,000 mtCO2e per year calculations, particularly the a consistent method for all reporters and reporting threshold. The other measurements and calculations used to the F–GHG groupings included in the commenter stated their understanding is estimate emissions from the vent for subpart L proposal are acceptable. that this would only be required for new every annual report. This testing must Another commenter supported the processes or process changes. One be performed in the following year and establishment of consistent default commenter requested that the EPA reflected in the report for that year. GWPs and stated that the best-estimate clearly state that additional testing Thus, if a fluorinated gas production GWP process setup in the temporary would not be required until some other facility found that a vent exceeded the subpart L reporting changes process change required this to be threshold in 2014, the facility would be [98.126(j)(3)] led to doubts about the completed. required to perform testing by February accuracy, reliability, and comparability Response: Fluorinated gas producers 28, 2016 to develop an emission factor of the data. are not required to re-perform the to report the 2015 emissions from that Response: As discussed in the preliminary calculations for each vent. Proposed Amendments to Subpart L (78 process vent emitting fluorinated GHGs Comment: Two commenters requested FR 69348), we believe that the whose GWPs are increasing under this clarification that subpart L facilities replacement of ‘‘best-estimate’’ GWPs rule. However, those preliminary would not be required to re-perform any with multiple default GWPs based on calculations and the calculations assessments that were performed in fluorinated GHG group is important to performed for purposes of annual previous years, such as the calculation ensuring the long-term consistency, reporting are distinct. If the emissions of the relative standard deviation of the accuracy, reliability, and comparability that facilities calculate from a vent for emission factors measured to develop a of CO2e emissions estimates for purposes of annual reporting exceed the process-vent-specific emission factor, fluorinated gas producers. 10,000-metric-ton-CO2e threshold based and the calculation of differences among Comment: One commenter requested on the updated GWPs, they must the emission calculation factors for confirmation that when Table A–1 perform emission testing on that vent different operating scenarios contains a chemical-specific GWP for a during the following year. This is implemented in previous years. fluorinated GHG, that value will be used required by the current provisions of Response: Subpart L facilities are not to calculate and report emissions, and subpart L. required to recalculate either the that default values will be used only 40 CFR 98.123(c)(2)(i) states: ‘‘If the relative standard deviation of the when chemical-specific values are not calculations under paragraph (c)(1) of emission factors measured to develop a available. Emissions from each this section, as well as any subsequent process-vent-specific emission factor, or fluorinated GHG group would include measurements and calculations under the differences among the emission compounds whose GWPs could be this subpart, indicate that the calculation factors for different either chemical-specific or default continuous process vent has fluorinated operating scenarios implemented in values. GHG emissions of less than 10,000 previous years. However, in future Response: The commenter is correct metric ton CO2e per year, summed calculations, they are required to use the in this interpretation. To make this across all operating scenarios, then you GWPs in effect at the time of the clear, we are finalizing the revisions to may comply with either paragraph (c)(3) calculation. the definition of ‘‘global warming of this section (Emission Factor Comment: Two commenters requested potential’’ that we proposed in the approach) or paragraph (c)(4) of this confirmation that, for purposes of Proposed Rule to Add GWPs. This section (Emission Calculation Factor comparing the emission calculation revision states that the chemical-specific approach).’’ 40 CFR 98.123(c)(2)(ii) factors for different operating scenarios GWPs in Table A–1 are required to be states ‘‘If the continuous process vent of the same process, they should use the applied to GHGs that have chemical- does not meet the criteria in paragraph same GWPs in both factors. specific GWPs listed in Table A–1, (c)(2)(i) of this section then you must Response: Under subpart L, facilities while the default GWPs in Table A–1 comply with the emission factor method that plan a change to an operating are required to be applied to fluorinated specified in paragraph (c)(3) (Emission scenario whose emission factor was GHGs that do not have chemical- Factor Approach) of this section.’’ measured must estimate and compare specific GWPs listed in Table A–1. This In the monitoring provisions of the emission calculation factors for the is the case even when emissions of the subpart L, 40 CFR 98.124(c)(8) further measured and changed scenarios. If the fluorinated GHGs are reported in terms states: ‘‘If a continuous process vent difference exceeds 15 percent, then the of CO2e by fluorinated GHG group. This with fluorinated GHG emissions less facility must re-test (40 CFR will help to ensure that chemical- than 10,000 metric tons CO2e, per 40 98.124(c)(7)(ii)). specific and default GWPs are applied CFR 98.123(c)(2), is later found to have For purposes of these and similar correctly and consistently in CO2e fluorinated GHG emissions of 10,000 calculations, facilities should use, for calculations for subpart L and across metric tons CO2e or greater, you must both the original and the updated Part 98. conduct the emission testing for the parameters, the GWPs that are in the Comment: Two commenters stated process vent during the following year version of Table A–1 in effect at the that it is their understanding that the and develop the process-vent-specific time of the calculation. This will avoid

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the introduction of differences that are scoping speciation is expected to be threshold for the scoping speciation. caused by differences in GWPs rather broader than the set of fluorinated GHGs This situation is expected to be rare, but than by changes to production that occurs in more than trace could occur if the fluorinated GHGs processes. concentrations in vent streams because emitted had very high GWPs (i.e., over the scoping speciation requires the 10,000). To continue to cover this C. Removal of the Mass-Balance Method identification of fluorinated GHGs that situation, we are retaining the From Subpart L occur in more than trace concentration requirement to test for ‘‘any fluorinated As proposed, we are removing the in any stream, including process greenhouse gas that occurs in more than option to use a mass-balance method streams as well as vent streams. trace concentrations in the vent stream from the calculation and monitoring As noted in the proposed rule, this or, where a destruction device is used, requirements of the rule. No facilities requirement will be applied to future in the inlet to the destruction device’’ have used this method since RY 2011. testing, but not to past testing. for processes for which facilities did not We received no negative comments 2. Changes Since the Proposed Rule perform scoping speciations. regarding the proposed removal. III. Overview and Approach to Final However, one commenter requested that The proposed rule would also have CBI Determinations the EPA include the mass-balance required facilities to test for compounds provisions in an appendix to Part 98 for that were ‘‘otherwise known to occur in A. Final Confidentiality Determinations future reference (e.g., in amending past the vent stream.’’ We are not finalizing for New, Revised, and Unchanged Data reports) rather than referencing the this requirement after several Elements commenters expressed concerns that it Federal Register document that In this action, the EPA is finalizing included the 2010 Subpart L Rule. We would require facilities to develop costly new protocols for fluorinated both the confidentiality determinations are including the mass-balance that were included in the Proposed provisions in an appendix to subpart L GHGs that are emitted at very low levels and that would fall below the detection Amendments to Subpart L (for the new because we are requiring full reporting and substantially revised data elements) in 2015 of emissions that may have been limit in many cases. The commenters stated that the resulting testing would and many of the confidentiality measured using the mass balance determinations that were included in method during the 2011 reporting year. reveal ‘‘little if any additional emissions information’’ and would have only the 2012 Proposed Confidentiality With the removal of the mass-balance Determinations (for the subpart L data method, facilities will still be able to use ‘‘minor impact on the estimated total quantity of CO2e emitted nationwide.’’ elements that are not being removed or the emission factor and emission substantially revised). We received only calculation factor approaches to To avoid the possibility of imposing large costs in order to quantify very supportive comments on the proposed monitor, calculate, and report their confidentiality determinations for the fluorinated GHG emissions. small emissions of fluorinated GHGs, we are following the commenters’ new and substantially revised data D. Clarification of the Subpart L recommendations. elements, and are finalizing the Emission Factor Method However, we plan to continue to confidentiality determinations as evaluate the significance of and proposed for all 15 of those data 1. Summary of Clarification of the feasibility of measuring emissions of elements. We received multiple Emission Factor Method fluorinated GHGs that are known to comments on the January 10, 2012 The EPA is finalizing part of the occur in processes below trace proposed confidentiality determinations proposed revision to the emission concentrations. Based on our experience for a number of existing subpart L data testing requirement at 40 CFR establishing stack testing requirements elements, and we have addressed these 98.124(c)(1). For process vents for for another industry, fluorinated GHGs comments through the revisions to the which facilities performed scoping emitted from some types of facilities can subpart L reporting requirements being speciations, facilities will be required to be detected at concentrations below 20 finalized in today’s action. For a list of include in the emissions test ‘‘any parts per billion, approximately 50,000 these comments please see the comment fluorinated GHG that was identified in times lower than 0.1 percent, the Part 98 response document in Docket number the initial scoping speciation’’ rather definition of ‘‘trace concentration.’’ In EPA–HQ–OAR–2009–0927. We are not than ‘‘any fluorinated greenhouse gas addition, emissions of trace finalizing determinations for reporting that occurs in more than trace concentrations of fluorinated GHGs at requirements associated with the use of concentrations in the vent stream or, flow rates typical of these types of Best Available Monitoring Methods where a destruction device is used, in facilities would be very high. (BAMM) under subpart L. Unlike the the inlet to the destruction device.’’ For Nevertheless, we are aware that the other data elements required to be process vents for which facilities did conditions under which fluorinated reported under subpart L, BAMM data not perform scoping speciations, GHGs are emitted from fluorinated gas elements were reported only for facilities will continue to be required to production facilities (e.g., diluents and reporting years 2011 and 2012 because include ‘‘any fluorinated greenhouse gas flow rates) may be significantly different the option to use BAMM expired in that occurs in more than trace from those of other facilities, indicating reporting year 2012 . In light of the concentrations in the vent stream or, that more research is needed. above, we do not see a need to establish where a destruction device is used, in In addition to potentially expanding in this rulemaking the confidentiality the inlet to the destruction device.’’ As the set of fluorinated GHGs that must be status of the suite of BAMM data noted in the proposed rule, a primary tested for in processes for which elements (approximately 60). In the purpose of the scoping speciation was to facilities perform scoping speciations, event that we receive a request to identify fluorinated GHGs to measure in the ‘‘otherwise known to occur’’ release this information, depending on subsequent emissions testing for the language would have covered situations the nature and extent of the request, we development of emission factors, and in which a process vent exceeded the will make such determinations either this change ensures that the scoping 10,000-mtCO2e threshold for emission case-by-case or, if appropriate, by speciation serves that purpose. The set testing but did not exceed the one- finalizing the CBI determinations in a of fluorinated GHGs identified in the metric-ton-of-fluorinated-GHGs separate rulemaking. Other than the

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reporting requirements associated with preamble (75 FR 39106–39130). Based addition, the EPA determined that all BAMM, there are 14 existing subpart L on its evaluation of these 25 data data elements assigned to the ‘‘Test and data elements for which we received no elements, the EPA proposed to assign Calibration Methods’’ data category comment on the proposed each data element to one of the were not CBI. The EPA had proposed to confidentiality determinations; we are following direct emitter data categories: assign 21 of the 25 data elements to one finalizing the confidentiality • Emissions. of the above-mentioned data categories • determinations as proposed for 10 of Calculation Methodology and and to apply to these data elements the these data elements. For the other four Methodological Tier. • categorical confidentiality data elements, we have decided not to Data Elements Reported for Periods determinations of their assigned make a final confidentiality of Missing Data that are Not Inputs to categories. The EPA is therefore determination, as discussed below. We Emission Equations. finalizing the category assignment and • Facility and Unit Identifier are also finalizing a confidentiality application of the categorical Information. determination for a data element added • determinations as proposed for these 21 since proposal. Unit/Process ‘‘Static’’ Characteristics that are Not Inputs to data elements. As shown in Table 4A of To make the confidentiality Emission Equations. this preamble, 10 data elements are determinations, the EPA used the same • Unit/Process Operating assigned to the ‘‘Emissions’’ data approach that we previously used for Characteristics that are Not Inputs to category, four data elements are the 2011 final CBI rule (76 FR 30782, Emission Equations. assigned to the ‘‘Calculation May 26, 2011). Specifically, for the 25 • Test and Calibration Methods. Methodology and Methodological Tier’’ data elements (15 new and substantially In the 2011 final CBI rule (76 FR category, five data elements are assigned revised data elements and 10 existing 30782, May 26, 2011), the EPA made to the ‘‘Data Elements Reported for data elements), the confidentiality status categorical determinations that all data Periods of Missing Data that are Not of which we are finalizing today, the elements assigned to the ‘‘Emissions,’’ Inputs to Emission Equations’’ data EPA had proposed to assign each of ‘‘Calculation Methodology and category, one data element is assigned to these data elements to one of 11 direct Methodological Tier,’’ ‘‘Facility and the ‘‘Facility and Unit Identifier emitter data categories,21 based on the Unit Identifier Information,’’ and ‘‘Data Information’’ data category, and one type and characteristics of the data Elements Reported for Periods of data element to the ‘‘Test and elements. For a description of each data Missing Data that are Not Inputs to Calibration Methods’’ category. Each of category and the type and Emission Equations’’ data categories these 21 data elements is subject to the characteristics of data elements assigned meet the definition of ‘‘emission data’’ categorical confidentiality to each category, see Sections II.C and in 40 CFR 2.301(a)(2)(i) and, thus, are determination for the data category to II.D of the July 7, 2010 CBI proposal not entitled to confidential treatment. In which it is assigned.

TABLE 4A—DATA ELEMENTS ASSIGNED TO THE ‘‘EMISSIONS,’’ ‘‘CALCULATION METHODOLOGY AND METHODOLOGICAL TIER,’’ ‘‘FACILITY AND UNIT IDENTIFIER INFORMATION,’’ ‘‘TEST AND CALIBRATION METHODS,’’ AND ‘‘DATA ELEMENTS REPORTED FOR PERIODS OF MISSING DATA THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES

Citation Data element

‘‘Emissions’’ Data Category (determined to be emission data)

40 CFR 98.126(a)(3) ...... For facilities with more than one fluorinated gas product: for each generically-identified production or trans- formation process and each fluorinated GHG group, total GWP-weighted emissions of all fluorinated GHGs in that group emitted from the process, in metric tons CO2e. 40 CFR 98.126(a)(4)(i) ...... For facilities with more than one fluorinated gas product: for each fluorinated GHG with emissions of 1,000 metric tons of CO2e or more from production and transformation processes, summed across the facility as a whole, the total mass in metric tons of the fluorinated GHG emitted from production and transformation processes, summed across the facility as a whole. 40 CFR 98.126(a)(4)(ii) ...... For facilities with more than one fluorinated gas product: total GWP-weighted emissions of all other fluorinated GHGs from production and transformation processes by fluorinated GHG group for the facility as a whole, in metric tons of CO2e. 40 CFR 98.126(a)(5) ...... For facilities that produce only one fluorinated gas product: aggregated total GWP-weighted emissions of fluorinated GHGs from production and transformation processes by fluorinated GHG group for the facility as a whole, in metric tons of CO2e. 40 CFR 98.126(a)(5) ...... Where facilities produce only one fluorinated gas product but emissions from production and transformation processes consist of a major fluorinated GHG constituent of that fluorinated gas product, and the product is sold or transferred to another person: total mass in metric tons of each fluorinated GHG emitted from production and transformation processes that is a major fluorinated GHG constituent of the product. 40 CFR 98.126(c)(3) ...... For the emission factor and emission factor calculation method: for each process and each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from all process vents combined, in metric tons of CO2e. 40 CFR 98.126(c)(4) ...... For the emission factor and emission factor calculation method: for each process and each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from equipment leaks, in metric tons of CO2e. 40 CFR 98.126(e) ...... For each fluorinated gas production facility that destroys fluorinated GHGs, report the excess emissions that result from malfunctions of the destruction device.

21 There are 11 data categories for direct emitter subparts. See 2011 final CBI rule (76 FR 30782, May 26, 2011). Subpart L is a direct emitter subpart.

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TABLE 4A—DATA ELEMENTS ASSIGNED TO THE ‘‘EMISSIONS,’’ ‘‘CALCULATION METHODOLOGY AND METHODOLOGICAL TIER,’’ ‘‘FACILITY AND UNIT IDENTIFIER INFORMATION,’’ ‘‘TEST AND CALIBRATION METHODS,’’ AND ‘‘DATA ELEMENTS REPORTED FOR PERIODS OF MISSING DATA THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES— Continued

Citation Data element

40 CFR 98.126(g)(2) ...... For each fluorinated gas production facility that destroys fluorinated GHGs, report the mass of each pre- viously produced fluorinated GHG emitted from the destruction device (metric tons). 40 CFR 98.126(h)(1) ...... For each fluorinated gas production facility that vents residual fluorinated GHGs from containers, report, for each fluorinated GHG vented, the mass of the residual fluorinated GHG vented from containers annually (metric tons).

‘‘Calculation Methodology and Methodological Tier’’ Data Category (determined to be emission data)

40 CFR 98.126(a)(2)(iv) ...... For each generically identified fluorinated gas production and transformation process and each fluorinated GHG group at the facility: the methods used to determine the mass emissions of that fluorinated GHG group from that process from process vents. 40 CFR 98.126(a)(2)(v) ...... For each generically identified fluorinated gas production and transformation process and each fluorinated GHG group at the facility: the methods used to determine the mass emissions of that fluorinated GHG group from that process from equipment leaks, unless the mass balance method was used (for RYs 2011, 2012, 2013 and 2014 only). 40 CFR 98.126(b)(1) ...... For the mass-balance approach (for RYs 2011, 2012, 2013 and 2014 only): the overall absolute and relative errors calculated for the process under the former 40 CFR 98.123(b)(1), in tons and decimal fraction, re- spectively. 40 CFR 98.126(b)(2) ...... For the mass-balance approach (for RYs 2011, 2012, 2013 and 2014 only): the method used to estimate the total mass of fluorine in destroyed or recaptured streams (specify the former 40 CFR 98.123(b)(4) or (15)).

‘‘Data Elements Reported for Periods of Missing Data That Are Not Inputs to Emission Equations’’ Data Category (determined to be emission data)

40 CFR 98.126(d)(1) ...... Where missing data have been estimated pursuant to 40 CFR 98.125, the generically identified process for which the data were missing. 40 CFR 98.126(d)(2) ...... Where missing data have been estimated according to 40 CFR 98.125, the reason the data were missing. 40 CFR 98.126(d)(2) ...... Where missing data have been estimated according to 40 CFR 98.125, the length of time the data were missing. 40 CFR 98.126(d)(2) ...... Where missing data have been estimated according to 40 CFR 98.125, the method used to estimate the missing data. 40 CFR 98.126(d)(3) ...... Where missing data have been estimated according to 98.125, estimates of the missing data for all missing data associated with data elements required to be reported in this section.

‘‘Facility and Unit Identifier Information’’ Data Category (determined to be emission data)

40 CFR 98.126(a)(2)(i) ...... For each generically identified production and transformation process at the facility: a number, letter, or other identifier for the process. This identifier must be consistent from year to year.

‘‘Test and Calibration Methods’’ Data Category (determined not to be CBI)

40 CFR 98.126(f)(3) ...... For each fluorinated gas production facility that destroys fluorinated GHGs, the date of the most recent de- struction device test.

In the Proposed Amendments to Confidentiality Determinations. In the business’s competitive position. See 40 Subpart L, the EPA proposed to assign 2011 final CBI rule, the EPA determined CFR 2.208(e)(1). The EPA followed the two new data elements to the ‘‘Unit/ that the data elements in these same approach and proposed individual Process ‘Static’ Characteristics that are categories are not ‘‘emission data’’ (as confidentiality determination for each of Not Inputs to Emission Equations’’ defined at 40 CFR 2.301(a)(2)(i)). the four data elements assigned to these category and one new data element to However, instead of categorical two data categories. The EPA received the ‘‘Unit/Process Operating determinations, the EPA made no comment on these proposed Characteristics that are Not Inputs to confidentiality determinations for determinations and we are finalizing Emission Equations’’ category. In individual data elements assigned to these determinations as proposed. Table addition, the EPA had proposed to these categories. In proposing these 4B of this preamble identifies these four assign one existing data element to the determinations, the EPA considered the data elements along with their ‘‘Unit/Process Operating Characteristics confidentiality criteria at 40 CFR 2.208, confidentiality determinations and the that are Not Inputs to Emission in particular whether release of the data Equations’’ in the 2012 Proposed is likely to cause substantial harm to the supporting rationales.

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TABLE 4B—FINAL CONFIDENTIALITY DETERMINATIONS FOR NEW DATA ELEMENTS ASSIGNED TO THE ‘‘UNIT/PROCESS ‘STATIC’ CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ AND THE ‘‘UNIT/PROCESS OPERATING CHARACTERISTICS THAT ARE NOT INPUTS TO EMISSION EQUATIONS’’ DATA CATEGORIES

Rationale for Citation Data element Confidentiality confidentiality determination determination

Unit/Process ‘Static’ Characteristics That Are Not Inputs to Emission Equations

40 CFR 98.126(a)(2)(ii) ...... For each generically identified production Not CBI ...... This data element would reveal only gen- and transformation process at the facility: eral information about the type of oper- indication of whether the process is a ation, which would not reveal any infor- fluorinated gas production process, a mation about the production process fluorinated gas transformation process (e.g., number of process steps, manufac- where no fluorinated GHG reactant is turing efficiencies, novel productions produced at another facility, or a methods) that would allow competitors to fluorinated gas transformation process gain a competitive advantage. where one or more fluorinated GHG reactants are produced at another facility. 40 CFR 98.126(a)(2)(iii) ...... For each generically-identified production Not CBI ...... This data element would reveal only a gen- and transformation process at the facility: eral description of the type of production Indication of whether the process could process, which would not reveal any in- be characterized as reaction, distillation, formation about the process (e.g., num- or packaging (include all that apply). ber of process steps, manufacturing effi- ciencies, novel productions methods) that would allow competitors to gain a com- petitive advantage.

Unit/Process Operating Characteristics That Are Not Inputs to Emission Equations

40 CFR 98.126(a)(6) ...... For each generically identified process, the Not CBI ...... This data element would place the effective range in Table L–2 that encompasses DE for the process in a range. For any the effective DE, DEeffective, calculated for given level of emissions, this range that process using Equation L–35, based would correspond to a range of masses on CO2e. vented to the destruction device that spanned a factor of four or more. Thus, even if competitors had a rough estimate of the quantity of the product produced (e.g., from sources other than the GHGRP), this information would not re- veal any information about the process (e.g., manufacturing efficiencies) that would allow competitors to gain a com- petitive advantage. 40 CFR 98.126(f)(4) ...... For each fluorinated gas production facility Not CBI ...... This data element would not reveal any in- that destroys fluorinated GHGs, the formation about the process (e.g., manu- name of all applicable federal or state facturing efficiencies) that would allow regulations that may apply to the destruc- competitors to gain a competitive advan- tion process. tage.

The EPA has decided not to make a incomplete combustion that are regarding the disclosure of the contents final determination for four existing fluorinated GHGs during the destruction of process streams including data elements that remain unchanged in of fluorinated gases, including methods information that could be revealed with today’s amendments: and results (40 CFR 98.126(i)). the disclosure of these four data • For each fluorinated gas production • The report must include the elements. The EPA concluded that the facility that destroys fluorinated GHGs, methods and results of any nature of the information submitted chemical identity of the F–GHG(s) used measurement or modeling studies, under these data elements could vary in the performance test conducted to including the products of incomplete significantly among reporters and may determine DE, including surrogates (40 combustion for which the exhaust include information related to the CFR 98.126(f)(2)). • For each fluorinated gas production stream was analyzed, as well as copies contents of process streams. For facility that destroys fluorinated GHGs, of relevant scientific papers, if available, example, some reporters may submit information on why the surrogate is or citations of the papers, if they are not information related to the contents of sufficient to demonstrate the DE for (40 CFR 98.126(i)). process streams as part of their each fluorinated GHG (40 CFR In the 2012 Proposed CBI demonstration of why the surrogate 98.126(f)(2)). Determinations, the EPA proposed that compound is sufficient to demonstrate • For each fluorinated gas production these four data elements are non-CBI. the DE for each fluorinated GHG. facility that destroys fluorinated GHGs, Although the EPA did not receive However, the EPA anticipates that other submit a one-time report describing specific comments on these four facilities may submit information measurements, research, or analysis that proposed determinations, the EPA unrelated to the contents of process relate to the formation of products of received comments that raised concerns streams. In light of the above, the EPA

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is not making final confidentiality transition to reporting by F–GHG and entering the same data elements determinations for these data elements. groups. For comments and responses that they would enter into the tool. Any confidentiality status of these data regarding confidentiality determinations The EPA does recognize, however, elements will be evaluated on a case-by- for new and revised data elements, that there may be some time associated case basis, in accordance with the please refer to the comment response with learning the new procedures for existing CBI regulations in 40 CFR part document in Docket ID. No. EPA–HQ– IVT and we have estimated a cost of 2, subpart B. OAR–2009–0927. approximately $66 per facility, or $792 We are finalizing a confidentiality The EPA is also finalizing proposed for the first year for all 12 subpart L determination for the data reporting confidentiality determinations for 10 facilities that do not also report under element that was added to 40 CFR 98. existing data elements. Please see the subpart O. (The burden and costs for the 3(c)(4)(iii)(E) since proposal; as a result preamble for the 2012 Proposed four facilities that report under both we did not propose a confidentiality Confidentiality Determinations for subpart O and subpart L are already determination for this data element. additional information regarding the accounted for in the Final Inputs Rule.) This data element specifies that if a proposed confidentiality During their first session using IVT, fluorinated GHG does not have a determinations. We did not receive any reporters would need to spend chemical-specific GWP in Table A–1, comments on these determinations. approximately one hour to become then reporters must ‘‘report the familiar with how the tool operates IV. Impacts of the Final Rule fluorinated GHG group of which that within e-GGRT. The requirement to use fluorinated GHG is a member’’ This data The EPA has determined that the cost IVT would not result in any change in reporting element clearly fits into the associated with this final action will be the respondent activity of entering these ‘‘Calculation Methodology and $792 in the first year of implementation data into e-GGRT. Once the reporter has Methodological Tier’’ Data Category’’ as and $0 in each subsequent year, as become familiar with the tool, the EPA it allows the EPA to determine whether further summarized below. These costs does not anticipate any additional the correct method was used, or are related to the implementation of the burden. The cost includes technical, specifically, whether an appropriate alternative verification approach clerical, and managerial labor hours. For GWP was applied. Therefore, we are addressing the inputs to emission further information about this cost assigning it to this data category and equations for which disclosure concerns estimate, refer to the memorandum applying the categorical determination were identified. A full discussion of ‘‘Assessment of Cost Impacts of 2015 for this category, which is emission these impacts may be found in the Inputs Final Rule—Revisions to data. memorandum ‘‘Assessment of Cost Reporting, Recordkeeping, and Lastly, we note that we have already Impacts of 2015 Inputs Proposal— Verification Requirements Under the established in a previous rulemaking the Revisions to Reporting, Recordkeeping, Greenhouse Gas Reporting Program’’ confidentiality status of the data and Verification Requirements Under (September 2014) and the supporting element in 40 CFR 98.126(d) that is the Greenhouse Gas Reporting statement for the information collection included in today’s final rule. As Program,’’ August 2013, available in the request, ‘‘Supporting Statement, explained in Section II.B.2.b of this EPA’s docket number EPA–HQ–OAR– Environmental Protection Agency: preamble, this data element is among 2010–0929. The EPA has determined Revisions to Reporting and the data already required to be reported that the other amendments to subpart L Recordkeeping Requirements, and Final under subpart A, 40 CFR 98.3(c)(8), but and subpart A being finalized in this Confidentiality Determinations Under that we are now requiring its reporting action will not result in an increase in the Greenhouse Gas Reporting Program, explicitly under subpart L 40 CFR costs. A full discussion of the impacts Office of Management and Budget 98.126(d) for clarity. (This data element of the other amendments may be found (OMB) Control Number 2060–0629, ICR is the generically identified process for in the ‘‘2013 Amendments to the Number 2300.12,’’ both available in which data were missing, discussed in Greenhouse Gas Reporting Rule for the Docket ID No. EPA–HQ–OAR–2010– Section II.B.2.b of this preamble.) In 76 Fluorinated Gas Production Source 0929. FR 30782, we determined that the data Category Cost Memo’’ in docket number to be reported under 40 CFR 98.3(c)(8), EPA–HQ–OAR–2009–0927. B. Do the final confidentiality including the data required under the determinations change the impacts of new 40 CFR 98.126(d), are emission A. How were the costs of this final rule the final amendments? estimated? data, and therefore are not entitled to The final confidentiality confidential treatment. Therefore, no 1. Inputs Verification Tool determinations for the new data separate confidentiality determination is The data elements required to be used elements would not affect whether and necessary due to the addition of 40 CFR how data are reported and, therefore, 98.126(d). for calculating the annual GHG emissions values, and the cost would not impose any additional B. Public Comments on the Proposed associated with collecting these data burden on sources. Whether a data Confidentiality Determinations and elements, have not changed from the reporting element is determined to be Responses to Public Comment estimate made during the original CBI, not CBI, or emission data, the The EPA is finalizing all rulemaking process. The time associated reporting element is reported to the EPA confidentiality determinations for the with entry of these inputs to emission through e-GGRT in the same manner. new and substantially revised data equations into e-GGRT (including into V. Statutory and Executive Order elements as they were proposed. Please the new IVT) is expected to be Reviews refer to the preamble for the Proposed equivalent to the time originally Amendments to Subpart L for additional anticipated for data entry. Prior to using A. Executive Order 12866: Regulatory information regarding the proposed IVT, as currently required, reporters Planning and Review and Executive confidentiality determinations. Two must use their own calculation tool Order 13563: Improving Regulation and commenters noted that the proposed (e.g., calculator, calculation software) to Regulatory Review CBI determinations were acceptable, calculate the annual GHG emissions This action is not a ‘‘significant given other changes to the rule and the values, using the same sets of equations regulatory action’’ under the terms of

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Executive Order 12866 (58 FR 51735, general provisions of the Greenhouse result in expenditures of $100 million or October 4, 1993) and is therefore not Gas Reporting Rule, and (3) finalizes more for state, local, and tribal subject to review under Executive confidentiality determinations for governments, in the aggregate, or the Orders 12866 and 13563 (76 FR 3821, certain reporting requirements of the private sector in any one year. Thus, the January 21, 2011). This action (1) Fluorinated Gas Production source final rule amendments and amends certain provisions of the category. confidentiality determinations are not Fluorinated Gas Production source subject to the requirements of Sections C. Regulatory Flexibility Act (RFA) category, including finalizing an 202 and 205 of the UMRA. alternative verification approach for this The RFA generally requires an agency This final rule is also not subject to source category in lieu of collecting to prepare a regulatory flexibility the requirements of Section 203 of certain data elements for which the EPA analysis of any rule subject to notice UMRA because it contains no regulatory has identified disclosure concerns and and comment rulemaking requirements requirements that might significantly or for which the reporting deadline was under the Administrative Procedure Act uniquely affect small governments. deferred until March 31, 2015, (2) adds or any other statute unless the agency Facilities and suppliers subject to the chemical-specific and default GWPs for certifies that the rule will not have a rule include fluorinated gas producers, a number of fluorinated greenhouse significant economic impact on a electronics manufacturers, magnesium gases and fluorinated heat transfer substantial number of small entities. producers and processors, fluids to the general provisions of the Small entities include small businesses, manufacturers and users of electrical Greenhouse Gas Reporting Rule, and (3) small organizations, and small equipment, importers and exporters of finalizes confidentiality determinations governmental jurisdictions. fluorinated GHGs in bulk, and importers for certain reporting requirements of the For purposes of assessing the impact and exporters of pre-charged equipment Fluorinated Gas Production source of this final rule on small entities, small and closed-cell foams that contain category. entity is defined as: (1) A small business fluorinated GHGs. None of the facilities as defined by the Small Business currently known to undertake these B. Paperwork Reduction Act Administration’s regulations at 13 CFR activities is owned by a small The Office of Management and Budget 121.201; (2) a small governmental government. Therefore, this action is not (OMB) has approved the information jurisdiction that is a government of a subject to the requirements of Section collection requirements for 40 CFR part city, county, town, school district or 203 of the UMRA. 98 under the provisions of the special district with a population of less Paperwork Reduction Act, 44 U.S.C. than 50,000; and (3) a small E. Executive Order 13132: Federalism 3501 et seq., and has assigned OMB organization that is any not-for-profit This action does not have federalism control numbers 2060–0629 and 2060– enterprise that is independently owned implications. It will not have substantial 0650, respectively, and ICR 2300.10. and operated and is not dominant in its direct effects on the states, on the The OMB control numbers for the EPA’s field. relationship between the national regulations in 40 CFR are listed in 40 After considering the economic government and the states, or on the CFR part 9. The revisions in this final impacts of today’s final rule on small distribution of power and action result in a small increase in entities, I certify that this action will not responsibilities among the various burden, and the ICR will be modified to have a significant economic impact on levels of government, as specified in reflect this burden change. Further a substantial number of small entities. Executive Order 13132. For a more information on the EPA’s assessment on The addition of chemical-specific and detailed discussion about how Part 98 the impact on burden can be found in default GWPs to subpart A is not relates to existing state programs, please the analyses ‘‘Assessment of Cost expected to affect the applicability of see Section II of the preamble to the Impacts of 2015 Inputs Proposal— the rule to small entities. The final Greenhouse Gas reporting rule (74 Revisions to Reporting, Recordkeeping, amendments to subpart L (including the FR 56266, October 30, 2009). and Verification Requirements Under requirement to enter inputs to subpart L The final amendments and the Greenhouse Gas Reporting emission equations into IVT) affect confidentiality determinations apply Program,’’ August 2013, available in the fluorinated gas producers, none of directly to fluorinated gas producers, EPA’s Docket ID No. EPA–HQ–OAR– which are small entities. electronics manufacturers, magnesium 2010–0929, in the ‘‘2013 Amendments Although this final rule will not have producers and processors, to the Greenhouse Gas Reporting Rule a significant economic impact on a manufacturers and users of electrical for the Fluorinated Gas Production substantial number of small entities, the equipment, importers and exporters of Source Category Cost Memo’’ and EPA nonetheless has tried to reduce the fluorinated GHGs in bulk, and importers ‘‘Economic Analysis of Adding impact of Part 98 on small entities. For and exporters of pre-charged equipment Chemical-Specific and Default GWPs to example, the EPA conducted several and closed-cell foams that contain Table A–1’’, both in docket number meetings with industry associations to fluorinated GHGs. They do not apply to EPA–HQ–OAR–2009–0927. discuss regulatory options and the governmental entities unless the This action (1) amends certain corresponding burden on industry, such government entity owns a facility that provisions of the Fluorinated Gas as recordkeeping and reporting. The falls into one of these categories and Production source category, including EPA continues to conduct significant that emits or supplies fluorinated GHGs finalizing an alternative verification outreach on Part 98 and maintains an above threshold levels. We are not approach for this source category in lieu ‘‘open door’’ policy for stakeholders to aware of any governmental entities that of collecting certain data elements for help inform the EPA’s understanding of would be affected. This regulation also which the EPA has identified disclosure key issues for the industries. does not limit the power of states or concerns and for which the reporting localities to collect GHG data and/or deadline was deferred until March 31, D. Unfunded Mandates Reform Act regulate GHG emissions. Thus, 2015, (2) adds chemical-specific and (UMRA) Executive Order 13132 does not apply default GWPs for a number of The final rule amendments and to this action. fluorinated greenhouse gases and confidentiality determinations do not Although Section 6 of Executive fluorinated heat transfer fluids to the contain a federal mandate that may Order 13132 does not apply to this

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action, the EPA did consult with state 2001), because it is not a significant agency promulgating the rule must and local officials or representatives of regulatory action under Executive Order submit a rule report, which includes a state and local governments in 12866. copy of the rule, to each House of the developing subpart L, promulgated on Congress and to the Comptroller General I. National Technology Transfer and December 1, 2010. A summary of the of the United States. The EPA will Advancement Act EPA’s consultations with state and local submit a report containing this rule and governments is provided in Section Section 12(d) of the National other required information to the U.S. VIII.E of the preamble to the 2009 final Technology Transfer and Advancement Senate, the U.S. House of rule. Act of 1995 (NTTAA), Public Law 104– Representatives, and the Comptroller In the spirit of Executive Order 13132, 113 (15 U.S.C. 272 note), directs the General of the United States prior to and consistent with EPA policy to EPA to use voluntary consensus publication of the rule in the Federal promote communications between the standards in its regulatory activities Register. A major rule cannot take effect EPA and state and local governments, unless to do so would be inconsistent until 60 days after it is published in the the EPA specifically solicited comment with applicable law or otherwise Federal Register. This action is not a on the proposed action from state and impractical. Voluntary consensus ‘‘major rule’’ as defined by 5 U.S.C. local officials. We received no standards are technical standards (e.g., 804(2). This rule will be effective on comments from state and local officials materials specifications, test methods, January 1, 2015. on the proposed rule. sampling procedures, and business practices) that are developed or adopted List of Subjects 40 CFR Part 98 F. Executive Order 13175: Consultation by voluntary consensus standards Environmental protection, and Coordination With Indian Tribal bodies. NTTAA directs the EPA to Administrative practice and procedure, Governments provide Congress, through OMB, This action does not have tribal explanations when the Agency decides Greenhouse gases, Reporting and implications, as specified in Executive not to use available and applicable recordkeeping requirements. Order 13175 (65 FR 67249, November 9, voluntary consensus standards. Dated: November 25, 2014. 2000). The final amendments and This final rule does not involve any Gina McCarthy, confidentiality determinations apply to new technical standards. Therefore, the Administrator. fluorinated gas producers, electronics EPA did not consider the use of specific manufacturers, magnesium producers voluntary consensus standards. For the reasons stated in the and processors, manufacturers and users preamble, part 98 of title 40, chapter I, J. Executive Order 12898: Federal of electrical equipment, importers and of the Code of Federal Regulations is Actions To Address Environmental exporters of fluorinated GHGs in bulk, amended as follows: Justice in Minority Populations and and importers and exporters of pre- Low-Income Populations PART 98—MANDATORY charged equipment and closed-cell GREENHOUSE GAS REPORTING foams that contain fluorinated GHGs. Executive Order 12898 (59 FR 7629, They will not have tribal implications February 16, 1994) establishes Federal ■ 1. The authority citation for part 98 unless the tribal entity owns a facility executive policy on environmental continues to read as follows: that falls into one of these categories justice. Its main provision directs and that emits or supplies fluorinated Federal agencies, to the greatest extent Authority: 42 U.S.C. 7401, et seq. GHGs above threshold levels. We are practicable and permitted by law, to not aware of any tribal facilities that make environmental justice part of their Subpart A—General Provisions will be affected. Thus, Executive Order mission by identifying and addressing, 13175 does not apply to this action. as appropriate, disproportionately high ■ 2. Section 98.2 is amended by revising and adverse human health or paragraphs (b)(1) and (4) and (f)(1) to G. Executive Order 13045: Protection of environmental effects of their programs, read as follows: Children From Environmental Health policies, and activities on minority § 98.2 Who must report? Risks and Safety Risks populations and low-income The EPA interprets Executive Order populations in the United States. * * * * * 13045 (62 FR 19885, April 23, 1997) as The EPA has determined that this (b) * * * applying only to those regulatory final rule will not have (1) Calculate the annual emissions of disproportionately high and adverse actions that concern health or safety CO2, CH4, N2O, and each fluorinated risks, such that the analysis required human health or environmental effects GHG in metric tons from all applicable under Section 5–501 of the Executive on minority or low-income populations. source categories listed in paragraph Order has the potential to influence the It does not affect the level of protection (a)(2) of this section. The GHG regulation. This action is not subject to provided to human health or the emissions shall be calculated using the Executive Order 13045 because it does environment because it is a rule calculation methodologies specified in not establish an environmental standard addressing information collection and each applicable subpart and available intended to mitigate health or safety reporting procedures. company records. risks. K. Congressional Review Act * * * * * H. Executive Order 13211: Actions That The Congressional Review Act, 5 (4) Sum the emissions estimates from Significantly Affect Energy Supply, U.S.C. 801 et seq., as added by the Small paragraphs (b)(1), (b)(2), and (b)(3) of Distribution, or Use Business Regulatory Enforcement this section for each GHG and calculate This action is not subject to Executive Fairness Act of 1996, generally provides metric tons of CO2e using Equation A– Order 13211 (66 FR 28355, May 22, that before a rule may take effect, the 1 of this section.

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Where: and expressed in metric tons of CO2e (1) Best available monitoring CO2e = Carbon dioxide equivalent, metric calculated using Equation A–1 of this methods. From January 1 to March 31 of tons/year. subpart. the year after the year during which the GHGi = Mass emissions of each greenhouse (ii) Quantity of each GHG from each change in GWPs is published, owners or gas, metric tons/year. applicable supply category in Table A– operators subject to this paragraph (l) GWPi = Global warming potential for each 5 to this subpart, expressed in metric may use best available monitoring greenhouse gas from Table A–1 of this methods for any parameter (e.g., fuel subpart. tons of each GHG. n = The number of greenhouse gases emitted. * * * * * use, feedstock rates) that cannot reasonably be measured according to the * * * * * (k) Revised global warming potentials and special provisions for reporting year monitoring and QA/QC requirements of (f) * * * a relevant subpart. The owner or (1) Calculate the mass in metric tons 2013 and subsequent reporting years. This paragraph (k) applies to owners or operator must use the calculation per year of CO2, N2O, and each methodologies and equations in the fluorinated GHG that is imported and operators of facilities or suppliers that first become subject to any subpart of ‘‘Calculating GHG Emissions’’ sections the mass in metric tons per year of CO2, of each relevant subpart, but may use N2O, and each fluorinated GHG that is part 98 solely due to an amendment to Table A–1 of this subpart. the best available monitoring method for exported during the year. any parameter for which it is not (1) A facility or supplier that first * * * * * reasonably feasible to acquire, install, becomes subject to part 98 due to a ■ and operate a required piece of 3. Section 98.3 is amended by: change in the GWP for one or more ■ a. Revising paragraphs (c)(4)(iii)(E) monitoring equipment by January 1 of compounds in Table A–1 of this and (F) and (c)(5)(i) and (ii); the year after the year during which the subpart, Global Warming Potentials, is ■ b. Removing and reserving paragraph change in GWPs is published. Starting not required to submit an annual GHG (c)(4)(vi); no later than April 1 of the year after the report for the reporting year during ■ c. Revising paragraph (k); year during which the change in GWPs which the change in GWPs is published. ■ d. Revising paragraphs (l) is published, the owner or operator introductory text, (1)(1), and (1)(2) (2) A facility or supplier that was must discontinue using best available introductory text; already subject to one or more subparts methods and begin following all ■ e. Revising paragraphs (l)(2)(i), of part 98 but becomes subject to one or applicable monitoring and QA/QC (l)(2)(ii)(C) through (E), and (l)(2)(iii). more additional subparts due to a requirements of this part, except as The revisions read as follows: change in the GWP for one or more provided in paragraph (l)(2) of this compounds in Table A–1 of this section. Best available monitoring § 98.3 What are the general monitoring, subpart, is not required to include those methods means any of the following reporting, recordkeeping, and verification subparts to which the facility is subject methods: requirements of this part? only due to the change in the GWP in * * * * * * * * * * the annual GHG report submitted for the (2) Requests for extension of the use (c) * * * reporting year during which the change of best available monitoring methods. (4) * * * in GWPs is published. The owner or operator may submit a (iii) * * * (3) Starting on January 1 of the year request to the Administrator to use one (E) Each fluorinated GHG (as defined after the year during which the change or more best available monitoring in § 98.6), except fluorinated gas in GWPs is published, facilities or methods beyond March 31 of the year production facilities must comply with suppliers identified in paragraphs (k)(1) after the year during which the change § 98.126(a) rather than this paragraph or (2) of this section must start in GWPs is published. (c)(4)(iii)(E). If a fluorinated GHG does monitoring and collecting GHG data in (i) Timing of request. The extension not have a chemical-specific GWP in compliance with the applicable subparts request must be submitted to EPA no Table A–1 of this subpart, identify and of part 98 to which the facility is subject later than January 31 of the year after report the fluorinated GHG group of due to the change in the GWP for the the year during which the change in which that fluorinated GHG is a annual greenhouse gas report for that GWPs is published. member. reporting year, which is due by March (ii) * * * (F) For electronics manufacturing (as 31 of the following calendar year. (C) A description of the reasons that defined in § 98.90), each fluorinated (4) A change in the GWP for one or the needed equipment could not be heat transfer fluid (as defined in § 98.98) more compounds includes the addition obtained and installed before April 1 of that is not also a fluorinated GHG as to Table A–1 of this subpart of either a the year after the year during which the specified under (c)(4)(iii)(E) of this chemical-specific or a default GWP that change in GWPs is published. section. If a fluorinated heat transfer applies to a compound to which no (D) If the reason for the extension is fluid does not have a chemical-specific chemical-specific GWP in Table A–1 of that the equipment cannot be purchased GWP in Table A–1 of this subpart, this subpart previously applied. and delivered by April 1 of the year identify and report the fluorinated GHG (l) Special provision for best available after the year during which the change group of which that fluorinated heat monitoring methods in 2014 and in GWPs is published, include transfer fluid is a member. subsequent years. This paragraph (l) supporting documentation such as the * * * * * applies to owners or operators of date the monitoring equipment was (5) * * * facilities or suppliers that first become ordered, investigation of alternative (i) Total quantity of GHG aggregated subject to any subpart of part 98 due to suppliers and the dates by which for all GHG from all applicable supply an amendment to Table A–1 of this alternative vendors promised delivery, categories in Table A–5 of this subpart subpart, Global Warming Potentials. backorder notices or unexpected delays,

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descriptions of actions taken to expedite ■ c. Adding, in alphabetical order, the a formate group -OCH(O) (carbonyl delivery, and the current expected date definition for Fluorinated alcohols other group with a single-bonded oxygen, and of delivery. than fluorotelomer alcohols; with a hydrogen atom) that is linked on (E) If the reason for the extension is ■ d. Adding, in alphabetical order, the the single-bonded oxygen atom to a that the equipment cannot be installed definition for Fluorinated formates; hydrocarbon group in which one or without a process unit shutdown, ■ e. Adding, in alphabetical order, the more of the hydrogen atoms in the include supporting documentation definition for Fluorinated GHG group; hydrocarbon group is replaced by ■ demonstrating that it is not practicable f. Adding, in alphabetical order, the fluorine atoms; the typical formula for definition for Fluorotelomer alcohols; to isolate the equipment and install the fluorinated formates is FnROCH(O). ■ g. Adding, in alphabetical order, the monitoring instrument without a full definition for Fully fluorinated GHGs; * * * * * process unit shutdown. Include the date ■ h. Revising the definition for Global Fluorinated greenhouse gas (GHG) of the most recent process unit warming potential; shutdown, the frequency of shutdowns group means one of the following sets ■ i. Adding, in alphabetical order, the of fluorinated GHGs: Fully fluorinated for this process unit, and the date of the definition for Other fluorinated GHGs; next planned shutdown during which GHGs; saturated hydrofluorocarbons ■ j. Adding, in alphabetical order, the with 2 or fewer carbon-hydrogen bonds; the monitoring equipment can be definition for Saturated installed. If there has been a shutdown saturated hydrofluorocarbons with 3 or hydrochlorofluoroethers (HCFEs); more carbon-hydrogen bonds; saturated or if there is a planned process unit ■ k. Adding, in alphabetical order, the hydrofluoroethers and shutdown between November 29 of the definition for Saturated year during which the change in GWPs hydrochlorofluoroethers with 1 carbon- hydrofluorocarbons (HFCs); hydrogen bond; saturated is published and April 1 of the year after ■ l. Adding, in alphabetical order, the hydrofluoroethers and the year during which the change in definition for Saturated hydrochlorofluoroethers with 2 carbon- GWPs is published, include a hydrofluoroethers (HFEs); justification of why the equipment ■ m. Adding, in alphabetical order, the hydrogen bonds; saturated could not be obtained and installed definition for Unsaturated halogenated hydrofluoroethers and during that shutdown. ethers. hydrochlorofluoroethers with 3 or more ■ carbon-hydrogen bonds; fluorinated * * * * * n. Adding, in alphabetical order, the definition for Unsaturated formates; fluorinated acetates, (iii) Approval criteria. To obtain hydrochlorofluorocarbons (HCFCs); carbonofluoridates, and fluorinated approval, the owner or operator must ■ o. Adding, in alphabetical order, the alcohols other than fluorotelomer demonstrate to the Administrator’s definition for Unsaturated alcohols; unsaturated PFCs, unsaturated satisfaction that it is not reasonably hydrofluorocarbons (HFCs); and HFCs, unsaturated HCFCs, unsaturated feasible to acquire, install, and operate ■ p. Adding, in alphabetical order, the halogenated ethers, unsaturated a required piece of monitoring definition for Unsaturated halogenated esters, fluorinated equipment by April 1 of the year after perfluorocarbons (PFCs). aldehydes, and fluorinated ketones; the year during which the change in The revisions and additions read as fluorotelomer alcohols; fluorinated GWPs is published. The use of best follows: GHGs with carbon-iodine bonds; or available methods under this paragraph other fluorinated GHGs. (l) will not be approved beyond § 98.6 Definitions. December 31 of the year after the year * * * * * Fluorotelomer alcohols means during which the change in GWPs is Carbonofluoridates means fluorinated fluorinated GHGs with the chemical published. GHGs that are composed of a -OCF(O) formula CnF2n∂1CH2CH2OH. group (carbonyl group with a single- * * * * * ■ 4. Section 98.5 is amended by revising bonded oxygen atom and a fluorine paragraph (b) to read as follows: Fully fluorinated GHGs means atom) that is linked on the single- fluorinated GHGs that contain only § 98.5 How is the report submitted? bonded oxygen to another hydrocarbon single bonds and in which all available * * * * * group in which one or more of the valence locations are filled by fluorine (b) For reporting year 2014 and hydrogen atoms may be replaced by atoms. This includes but is not limited fluorine atoms. thereafter, unless a later year is to: Saturated perfluorocarbons; SF6; specified in the applicable * * * * * NF3; SF5CF3; fully fluorinated linear, recordkeeping section, you must enter Fluorinated acetates means branched, and cyclic alkanes; fully into verification software specified by fluorinated GHGs that are composed of fluorinated ethers; fully fluorinated the Administrator the data specified in an acetate group with one or more tertiary amines; fully fluorinated the verification software records valence locations on the methyl group aminoethers; and perfluoropolyethers. of the acetate occupied by fluorine provision in each applicable * * * * * recordkeeping section. For each data atoms (e.g., CFH2C(O)O-, CF2HC(O)O-) Global warming potential or GWP element entered into the verification and, linked to the single-bonded oxygen means the ratio of the time-integrated software, if the software produces a of the acetate group, another radiative forcing from the instantaneous warning message for the data value and hydrocarbon group in which one or release of one kilogram of a trace you elect not to revise the data value, more of the hydrogen atoms may be substance relative to that of one you may provide an explanation in the replaced by fluorine atoms. kilogram of a reference gas (i.e., CO ). verification software of why the data Fluorinated alcohols other than 2 GWPs for each greenhouse gas are value is not being revised. fluorotelomer alcohols means fluorinated GHGs that include an provided in Table A–1 of this subpart. ■ 5. Section 98.6 is amended by: alcohol functional group (-OH) and that For purposes of the calculations in this ■ a. Adding, in alphabetical order, the do not meet the definition of part, if the GHG has a chemical-specific definition for Carbonofluoridates; fluorotelomer alcohols. GWP listed in Table A–1, use that GWP. ■ b. Adding, in alphabetical order, the Fluorinated formates means Otherwise, use the default GWP definition for Fluorinated acetates; fluorinated GHGs that are composed of provided in Table A–1 for the

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fluorinated GHG group of which the fluorotelomer alcohols; or fluorinated hydrocarbon groups are linked by an GHG is a member. GHGs with carbon-iodine bonds. oxygen atom; in which one or more of * * * * * * * * * * the hydrogen atoms in the hydrocarbon Other fluorinated GHGs means Saturated hydrochlorofluoroethers groups have been replaced by fluorine fluorinated GHGs that are none of the (HCFEs) means fluorinated GHGs in atoms; and which contain one or more following: Fully fluorinated GHGs; which two hydrocarbon groups are bonds that are not single bonds. saturated hydrofluorocarbons with 2 or linked by an oxygen atom; in which two Unsaturated ethers include unsaturated fewer carbon-hydrogen bonds; saturated or more, but not all, of the hydrogen HFEs. hydrofluorocarbons with 3 or more atoms in the hydrocarbon groups have Unsaturated carbon-hydrogen bonds; saturated been replaced by fluorine atoms and hydrochlorofluorocarbons (HCFCs) hydrofluoroethers and chlorine atoms; and which contain only means fluorinated GHGs that contain hydrochlorofluoroethers with 1 carbon- single bonds. only carbon, chlorine, fluorine, and hydrogen bond; saturated Saturated hydrofluorocarbons (HFCs) hydrogen and that contain one or more hydrofluoroethers and means fluorinated GHGs that are bonds that are not single bonds. hydrochlorofluoroethers with 2 carbon- hydrofluorocarbons and that contain Unsaturated hydrofluorocarbons hydrogen bonds; saturated only single bonds. (HFCs) means fluorinated GHGs that are hydrofluoroethers and Saturated hydrofluoroethers (HFEs) hydrofluorocarbons and that contain hydrochlorofluoroethers with 3 or more means fluorinated GHGs in which two one or more bonds that are not single carbon-hydrogen bonds; fluorinated hydrocarbon groups are linked by an bonds. oxygen atom; in which one or more, but formates; fluorinated acetates, Unsaturated perfluorocarbons (PFCs) not all, of the hydrogen atoms in the carbonofluoridates, and fluorinated means fluorinated GHGs that are hydrocarbon groups have been replaced alcohols other than fluorotelomer perfluorocarbons and that contain one by fluorine atoms; and which contain alcohols; unsaturated PFCs, unsaturated or more bonds that are not single bonds. HFCs, unsaturated HCFCs, unsaturated only single bonds. halogenated ethers, unsaturated * * * * * * * * * * halogenated esters, fluorinated Unsaturated halogenated ethers ■ 6. Table A–1 to Subpart A is revised aldehydes, and fluorinated ketones; means fluorinated GHGs in which two to read as follows:

TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS [100-Year Time Horizon]

Global warming Name CAS No. Chemical formula potential (100 yr.)

Chemical-Specific GWPs

Carbon dioxide ...... 124–38–9 CO2 ...... 1 a Methane ...... 74–82–8 CH4 ...... 25 a Nitrous oxide ...... 10024–97–2 N2O ...... 298

Fully Fluorinated GHGs

a Sulfur hexafluoride ...... 2551–62–4 SF6 ...... 22,800 Trifluoromethyl sulphur pentafluoride ...... 373–80–8 SF5CF3 ...... 17,700 Nitrogen trifluoride ...... 7783–54–2 NF3 ...... 17,200 a PFC–14 (Perfluoromethane) ...... 75–73–0 CF4 ...... 7,390 a PFC–116 (Perfluoroethane) ...... 76–16–4 C2F6 ...... 12,200 a PFC–218 (Perfluoropropane) ...... 76–19–7 C3F8 ...... 8,830 Perfluorocyclopropane ...... 931–91–9 C–C3F6 ...... 17,340 a PFC–3–1–10 (Perfluorobutane) ...... 355–25–9 C4F10 ...... 8,860 a PFC–318 (Perfluorocyclobutane) ...... 115–25–3 C–C4F8 ...... 10,300 a PFC–4–1–12 (Perfluoropentane) ...... 678–26–2 C5F12 ...... 9,160 a PFC–5–1–14 (Perfluorohexane, FC–72) ...... 355–42–0 C6F14 ...... 9,300 b PFC–6–1–12 ...... 335–57–9 C7F16; CF3(CF2)5CF3 ...... 7,820 b PFC–7–1–18 ...... 307–34–6 C8F18; CF3(CF2)6CF3 ...... 7,620 PFC–9–1–18 ...... 306–94–5 C10F18 ...... 7,500 PFPMIE (HT–70) ...... NA CF3OCF(CF3)CF2OCF2OCF3 ...... 10,300 b Perfluorodecalin (cis) ...... 60433–11–6 Z–C10F18 ...... 7,236 b Perfluorodecalin (trans) ...... 60433–12–7 E–C10F18 ...... 6,288

Saturated Hydrofluorocarbons (HFCs) With Two or Fewer Carbon-Hydrogen Bonds

a HFC–23 ...... 75–46–7 CHF3 ...... 14,800 a HFC–32 ...... 75–10–5 CH2F2 ...... 675 a HFC–125 ...... 354–33–6 C2HF5 ...... 3,500 a HFC–134 ...... 359–35–3 C2H2F4 ...... 1,100 a HFC–134a ...... 811–97–2 CH2FCF3 ...... 1,430 b HFC–227ca ...... 2252–84–8 CF3CF2CHF2 ...... 2640 a HFC–227ea ...... 431–89–0 C3HF7 ...... 3,220 HFC–236cb ...... 677–56–5 CH2FCF2CF3 ...... 1,340 HFC–236ea ...... 431–63–0 CHF2CHFCF3 ...... 1,370

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TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-Year Time Horizon]

Global warming Name CAS No. Chemical formula potential (100 yr.)

a HFC–236fa ...... 690–39–1 C3H2F6 ...... 9,810 b HFC–329p ...... 375–17–7 CHF2CF2CF2CF3 ...... 2360 a HFC–43–10mee ...... 138495–42–8 CF3CFHCFHCF2CF3 ...... 1,640

Saturated Hydrofluorocarbons (HFCs) With Three or More Carbon-Hydrogen Bonds

a HFC–41 ...... 593–53–3 CH3F ...... 92 a HFC–143 ...... 430–66–0 C2H3F3 ...... 353 a HFC–143a ...... 420–46–2 C2H3F3 ...... 4,470 HFC–152 ...... 624–72–6 CH2FCH2F ...... 53 a HFC–152a ...... 75–37–6 CH3CHF2 ...... 124 HFC–161 ...... 353–36–6 CH3CH2F ...... 12 a HFC–245ca ...... 679–86–7 C3H3F5 ...... 693 b HFC–245cb ...... 1814–88–6 CF3CF2CH3 ...... 4620 b HFC–245ea ...... 24270–66–4 CHF2CHFCHF2 ...... 235 b HFC–245eb ...... 431–31–2 CH2FCHFCF3 ...... 290 HFC–245fa ...... 460–73–1 CHF2CH2CF3 ...... 1,030 b HFC–263fb ...... 421–07–8 CH3CH2CF3 ...... 76 b HFC–272ca ...... 420–45–1 CH3CF2CH3 ...... 144 HFC–365mfc ...... 406–58–6 CH3CF2CH2CF3 ...... 794

Saturated Hydrofluoroethers (HFEs) and Hydrochlorofluoroethers (HCFEs) With One Carbon-Hydrogen Bond

HFE–125 ...... 3822–68–2 CHF2OCF3 ...... 14,900 HFE–227ea ...... 2356–62–9 CF3CHFOCF3 ...... 1,540 HFE–329mcc2 ...... 134769–21–4 CF3CF2OCF2CHF2 ...... 919 b HFE–329me3 ...... 428454–68–6 CF3CFHCF2OCF3 ...... 4,550 b 1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2-tetrafluoroethoxy)-propane ...... 3330–15–2 CF3CF2CF2OCHFCF3 ...... 6,490

Saturated HFEs and HCFEs With Two Carbon-Hydrogen Bonds

HFE–134 (HG–00) ...... 1691–17–4 CHF2OCHF2 ...... 6,320 b HFE–236ca ...... 32778–11–3 CHF2OCF2CHF2 ...... 4,240 HFE–236ca12 (HG–10) ...... 78522–47–1 CHF2OCF2OCHF2 ...... 2,800 HFE–236ea2 (Desflurane) ...... 57041–67–5 CHF2OCHFCF3 ...... 989 HFE–236fa ...... 20193–67–3 CF3CH2OCF3 ...... 487 HFE–338mcf2 ...... 156053–88–2 CF3CF2OCH2CF3 ...... 552 HFE–338mmz1 ...... 26103–08–2 CHF2OCH(CF3)2 ...... 380 HFE–338pcc13 (HG–01) ...... 188690–78–0 CHF2OCF2CF2OCHF2 ...... 1,500 HFE–43–10pccc (H-Galden 1040x, HG–11) ...... E1730133 CHF2OCF2OC2F4OCHF2 ...... 1,870 b HCFE–235ca2 (Enflurane) ...... 13838–16–9 CHF2OCF2CHFCl ...... 583 HCFE–235da2 (Isoflurane) ...... 26675–46–7 CHF2OCHClCF3 ...... 350 b HG–02 ...... 205367–61–9 HF2C-(OCF2CF2) ...... 3,825 b HG–03 ...... 173350–37–3 HF2C-(OCF2CF2) ...... 3,670 b HG–20 ...... 249932–25–0 HF2C-(OCF2) ...... 5,300 b HG–21 ...... 249932–26–1 HF2C-OCF2CF2OCF2OCF2O–CF2H ...... 3,890 b HG–30 ...... 188690–77–9 HF2C-(OCF2) ...... 7,330 b 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15-eicosafluoro- 173350–38–4 HCF2O(CF2CF2O)4CF2H ...... 3,630 2,5,8,11,14-Pentaoxapentadecane. b 1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane ...... 84011–06–3 CHF2CHFOCF3 ...... 1,240 b Trifluoro(fluoromethoxy)methane ...... 2261–01–0 CH2FOCF3 ...... 751

Saturated HFEs and HCFEs With Three or More Carbon-Hydrogen Bonds

HFE–143a ...... 421–14–7 CH3OCF3 ...... 756 HFE–245cb2 ...... 22410–44–2 CH3OCF2CF3 ...... 708 HFE–245fa1 ...... 84011–15–4 CHF2CH2OCF3 ...... 286 HFE–245fa2 ...... 1885–48–9 CHF2OCH2CF3 ...... 659 HFE–254cb2 ...... 425–88–7 CH3OCF2CHF2 ...... 359 HFE–263fb2 ...... 460–43–5 CF3CH2OCH3 ...... 11 b HFE–263m1; R–E–143a ...... 690–22–2 CF3OCH2CH3 ...... 29 HFE–347mcc3 (HFE–7000) ...... 375–03–1 CH3OCF2CF2CF3 ...... 575 HFE–347mcf2 ...... 171182–95–9 CF3CF2OCH2CHF2 ...... 374 HFE–347mmy1 ...... 22052–84–2 CH3OCF(CF3)2 ...... 343 c HFE–347mmz1 (Sevoflurane) ...... 28523–86–6 (CF3)2CHOCH2F ...... 216 HFE–347pcf2 ...... 406–78–0 CHF2CF2OCH2CF3 ...... 580 HFE–356mec3 ...... 382–34–3 CH3OCF2CHFCF3 ...... 101 b HFE–356mff2 ...... 333–36–8 CF3CH2OCH2CF3 ...... 17

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TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-Year Time Horizon]

Global warming Name CAS No. Chemical formula potential (100 yr.)

HFE–356mmz1 ...... 13171–18–1 (CF3) ...... 27 HFE–356pcc3 ...... 160620–20–2 CH3OCF2CF2CHF2 ...... 110 HFE–356pcf2 ...... 50807–77–7 CHF2CH2OCF2CHF2 ...... 265 HFE–356pcf3 ...... 35042–99–0 CHF2OCH ...... 502 b HFE–365mcf2 ...... 22052–81–9 CF3CF2OCH2CH3 ...... 58 HFE–365mcf3 ...... 378–16–5 CF3CF2CH2OCH3 ...... 11 HFE–374pc2 ...... 512–51–6 CH3CH2OCF2CHF2 ...... 557 HFE–449s1 (HFE–7100) Chemical blend ...... 163702–07–6 C4F ...... 297 163702–08–7 (CF3). HFE–569sf2 (HFE–7200) Chemical blend ...... 163702–05–4 C4F9OC2H5 ...... 59 163702–06–5 (CF3)2CFCF2OC2H5. b HG’-01 ...... 73287–23–7 CH3OCF2CF2OCH3 ...... 222 b HG’-02 ...... 485399–46–0 CH3O(CF2CF2O)2CH3 ...... 236 b HG’-03 ...... 485399–48–2 CH3O(CF2CF2O) ...... 221 b Difluoro(methoxy)methane ...... 359–15–9 CH3OCHF2 ...... 144 b 2-Chloro-1,1,2-trifluoro-1-methoxyethane ...... 425–87–6 CH3OCF2CHFCl ...... 122 b 1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane ...... 22052–86–4 CF3CF2CF2OCH2CH3 ...... 61 b 2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5-bis[1,2,2,2-tetrafluoro- 920979–28–8 C12H5F19O2 ...... 56 1-(trifluoromethyl)ethyl]-furan. b 1-Ethoxy-1,1,2,3,3,3-hexafluoropropane ...... 380–34–7 CF3CHFCF ...... 23 b Fluoro(methoxy)methane ...... 460–22–0 CH3OCH2F ...... 13 b 1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 2,2,3,3-tetrafluoro 60598–17–6 CHF2CF2CH2OCH3 ...... 0.5 propyl ether. b 1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane ...... 37031–31–5 CH2FOCF2CF2H ...... 871 b Difluoro(fluoromethoxy)methane ...... 461–63–2 CH2FOCHF2 ...... 617 b Fluoro(fluoromethoxy)methane ...... 462–51–1 CH2FOCH2F ...... 130

Fluorinated Formates

b Trifluoromethyl formate ...... 85358–65–2 HCOOCF3 ...... 588 b Perfluoroethyl formate ...... 313064–40–3 HCOOCF2CF3 ...... 580 b 1,2,2,2-Tetrafluoroethyl formate ...... 481631–19–0 HCOOCHFCF3 ...... 470 b Perfluorobutyl formate ...... 197218–56–7 HCOOCF2CF2CF2CF3 ...... 392 b Perfluoropropyl formate ...... 271257–42–2 HCOOCF2CF2CF3 ...... 376 b 1,1,1,3,3,3-Hexafluoropropan-2-yl formate ...... 856766–70–6 HCOOCH(CF3) ...... 333 b 2,2,2-Trifluoroethyl formate ...... 32042–38–9 HCOOCH2CF3 ...... 33 b 3,3,3-Trifluoropropyl formate ...... 1344118–09–7 HCOOCH2CH2CF3 ...... 17

Fluorinated Acetates

b Methyl 2,2,2-trifluoroacetate ...... 431–47–0 CF3COOCH3 ...... 52 b 1,1-Difluoroethyl 2,2,2-trifluoroacetate ...... 1344118–13–3 CF3COOCF2CH3 ...... 31 b Difluoromethyl 2,2,2-trifluoroacetate ...... 2024–86–4 CF3COOCHF2 ...... 27 b 2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate ...... 407–38–5 CF3COOCH2CF3 ...... 7 b Methyl 2,2-difluoroacetate ...... 433–53–4 HCF2COOCH3 ...... 3 b Perfluoroethyl acetate ...... 343269–97–6 CH3COOCF2CF3 ...... 2.1 b Trifluoromethyl acetate ...... 74123–20–9 CH3COOCF3 ...... 2.0 b Perfluoropropyl acetate ...... 1344118–10–0 CH3COOCF2CF2CF3 ...... 1.8 b Perfluorobutyl acetate ...... 209597–28–4 CH3COOCF2CF2CF2CF3 ...... 1.6 b Ethyl 2,2,2-trifluoroacetate ...... 383–63–1 CF3COOCH2CH3 ...... 1.3

Carbonofluoridates

b Methyl carbonofluoridate ...... 1538–06–3 FCOOCH3 ...... 95 b 1,1-Difluoroethyl carbonofluoridate ...... 1344118–11–1 FCOOCF2CH3 ...... 27

Fluorinated Alcohols Other Than Fluorotelomer Alcohols

Bis(trifluoromethyl)-methanol ...... 920–66–1 (CF3)2CHOH ...... 195 (Octafluorotetramethy-lene) hydroxymethyl group ...... NA X-(CF2)4CH(OH)-X ...... 73 2,2,3,3,3-Pentafluoropropanol ...... 422–05–9 CF3CF2CH2OH ...... 42 b 2,2,3,3,4,4,4-Heptafluorobutan-1-ol ...... 375–01–9 C3F7CH2OH ...... 25 b 2,2,2-Trifluoroethanol ...... 75–89–8 CF3CH2OH ...... 20 b 2,2,3,4,4,4-Hexafluoro-1-butanol ...... 382–31–0 CF3CHFCF2CH2OH ...... 17 b 2,2,3,3-Tetrafluoro-1-propanol ...... 76–37–9 CHF2CF2CH2OH ...... 13 b 2,2-Difluoroethanol ...... 359–13–7 CHF2CH2OH ...... 3 b 2-Fluoroethanol ...... 371–62–0 CH2FCH2OH ...... 1.1 b 4,4,4-Trifluorobutan-1-ol ...... 461–18–7 CF3(CH2) ...... 0.05

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TABLE A–1 TO SUBPART A OF PART 98—GLOBAL WARMING POTENTIALS—Continued [100-Year Time Horizon]

Global warming Name CAS No. Chemical formula potential (100 yr.)

Unsaturated Perfluorocarbons (PFCs)

b PFC–1114; TFE ...... 116–14–3 CF2=CF2; C2F4 ...... 0.004 b PFC–1216; Dyneon HFP ...... 116–15–4 C3F6; CF3CF=CF2 ...... 0.05 b PFC C–1418 ...... 559–40–0 c-C5F8 ...... 1.97 b Perfluorobut-2-ene ...... 360–89–4 CF3CF=CFCF3 ...... 1.82 b Perfluorobut-1-ene ...... 357–26–6 CF3CF2CF=CF2 ...... 0.10 b Perfluorobuta-1,3-diene ...... 685–63–2 CF2=CFCF=CF2 ...... 0.003

Unsaturated Hydrofluorocarbons (HFCs) and Hydrochlorofluorocarbons (HCFCs)

b HFC–1132a; VF2 ...... 75–38–7 C2H ...... 0.04 b HFC–1141; VF ...... 75–02–5 C2H ...... 0.02 b (E)-HFC–1225ye ...... 5595–10–8 CF3CF=CHF(E) ...... 0.06 b (Z)-HFC–1225ye ...... 5528–43–8 CF3CF=CHF(Z) ...... 0.22 b Solstice 1233zd(E) ...... 102687–65–0 C3H2ClF3; CHCl=CHCF3 ...... 1.34 b HFC–1234yf; HFO–1234yf ...... 754–12–1 C3H2F4; CF3CF=CH2 ...... 0.31 b HFC–1234ze(E) ...... 1645–83–6 C3H2F4; trans-CF3CH=CHF ...... 0.97 b HFC–1234ze(Z) ...... 29118–25–0 C3H2F4cis-CF3CH=CHF; CF3CH=CHF ... 0.29 b HFC–1243zf; TFP ...... 677–21–4 C3H3F3, CF3CH=CH2 ...... 0.12 b (Z)-HFC–1336 ...... 692–49–9 CF3CH=CHCF3(Z) ...... 1.58 b HFC–1345zfc ...... 374–27–6 C2F5CH=CH2 ...... 0.09 b Capstone 42–U ...... 19430–93–4 C6H3F9, CF3(CF2) ...... 0.16 b Capstone 62–U ...... 25291–17–2 C8H3F13, CF3(CF2)5CH=CH2 ...... 0.11 b Capstone 82–U ...... 21652–58–4 C10H3F17, CF3(CF2)7CH=CH2 ...... 0.09

Unsaturated Halogenated Ethers

b PMVE; HFE–216 ...... 1187–93–5 CF3OCF=CF2 ...... 0.17 b Fluoroxene ...... 406–90–6 CF3CH2OCH=CH2 ...... 0.05

Fluorinated Aldehydes

b 3,3,3-Trifluoro-propanal ...... 460–40–2 CF3CH2CHO ...... 0.01

Fluorinated Ketones

b Novec 1230 (perfluoro (2-methyl-3-pentanone)) ...... 756–13–8 CF3CF2C(O)CF (CF3)2 ...... 0.1

Fluorotelomer Alcohols

3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol ...... 185689–57–0 CF ...... b 0.43 b 3,3,3-Trifluoropropan-1-ol ...... 2240–88–2 CF3CH2CH2OH ...... 0.35 b 3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-Pentadecafluorononan-1-ol ...... 755–02–2 CF3(CF2)6CH2CH2OH ...... 0.33 b 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11-Nonadecafluoroundecan- 87017–97–8 CF3(CF2)8CH2CH2OH ...... 0.19 1-ol.

Fluorinated GHGs With Carbon-Iodine Bond(s)

b Trifluoroiodomethane ...... 2314–97–8 CF3I ...... 0.4

Other Fluorinated Compounds

b Dibromodifluoromethane (Halon 1202) ...... 75–61–6 CBR2F2 ...... 231 b 2-Bromo-2-chloro-1,1,1-trifluoroethane (Halon-2311/Halothane) ...... 151–67–7 CHBrClCF3 ...... 41 Global d warming Fluorinated GHG Group potential (100 yr.)

Default GWPs for Compounds for Which Chemical-Specific GWPs Are Not Listed Above

Fully fluorinated GHGs ...... 10,000 Saturated hydrofluorocarbons (HFCs) with 2 or fewer carbon-hydrogen bonds ...... 3,700 Saturated HFCs with 3 or more carbon-hydrogen bonds ...... 930 Saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) with 1 carbon-hydrogen bond ...... 5,700 Saturated HFEs and HCFEs with 2 carbon-hydrogen bonds ...... 2,600 Saturated HFEs and HCFEs with 3 or more carbon-hydrogen bonds ...... 270 Fluorinated formates ...... 350

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Global d warming Fluorinated GHG Group potential (100 yr.)

Fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols ...... 30 Unsaturated perfluorocarbons (PFCs), unsaturated HFCs, unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated halo- genated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones ...... 1 Fluorotelomer alcohols ...... 1 Fluorinated GHGs with carbon-iodine bond(s) ...... 1 Other fluorinated GHGs ...... 2,000 a The GWP for this compound was updated in the final rule published on November 29, 2013 [78 FR 71904] and effective on January 1, 2014. b This compound was added to Table A–1 in the final rule published on December 11, 2014, and effective on January 1, 2015. c The GWP for this compound was updated in the final rule published on December 11, 2014, and effective on January 1, 2015 . d For electronics manufacturing (as defined in § 98.90), the term ‘‘fluorinated GHGs’’ in the definition of each fluorinated GHG group in § 98.6 shall include fluorinated heat transfer fluids (as defined in § 98.98), whether or not they are also fluorinated GHGs.

■ 7. Table A–7 of subpart A is revised to read as follows:

TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH THE REPORTING DEADLINE IS MARCH 31, 2015

Specific data elements for which reporting date is March 31, 2015 Subpart Rule citation (‘‘All’’ means all data elements in the cited paragraph are (40 CFR part 98) not required to be reported until March 31, 2015)

A ...... 98.3(d)(3)(v) ...... All.a C ...... 98.36(b)(9)(iii) ...... Only estimate of the heat input.a C ...... 98.36(c)(2)(ix) ...... Only estimate of the heat input from each type of fuel listed in Table C–2.a C ...... 98.36(e)(2)(i) ...... All.a C ...... 98.36(e)(2)(ii)(A) ...... All.a C ...... 98.36(e)(2)(ii)(C) ...... Only HHV value for each calendar month in which HHV determination is required.a C ...... 98.36(e)(2)(ii)(D) ...... All.a C ...... 98.36(e)(2)(iv)(A) ...... All.a C ...... 98.36(e)(2)(iv)(C) ...... All.a C ...... 98.36(e)(2)(iv)(F) ...... All.a C ...... 98.36(e)(2)(ix)(D) ...... All.a C ...... 98.36(e)(2)(ix)(E) ...... All.a C ...... 98.36(e)(2)(ix)(F) ...... All.a E ...... 98.56(g) ...... All. E ...... 98.56(h) ...... All. E ...... 98.56(j)(4) ...... All. E ...... 98.56(j)(5) ...... All. E ...... 98.56(j)(6) ...... All. E ...... 98.56(l) ...... All. H ...... 98.86(b)(11) ...... All. H ...... 98.86(b)(13) ...... Name of raw kiln feed or raw material. O ...... 98.156(d)(2) ...... All. O ...... 98.156(d)(3) ...... All. O ...... 98.156(d)(4) ...... All. Q ...... 98.176(f)(1) ...... All. W ...... 98.236(c)(1)(i) ...... All. W ...... 98.236(c)(1)(ii) ...... All. W ...... 98.236(c)(1)(iii) ...... All. W ...... 98.236(c)(2)(i) ...... All. W ...... 98.236(c)(3)(i) ...... All. W ...... 98.236(c)(3)(ii) ...... Only Calculation Methodology 2. W ...... 98.236(c)(3)(iii) ...... All. W ...... 98.236(c)(3)(iv) ...... All. W ...... 98.236(c)(4)(i)(A) ...... All. W ...... 98.236(c)(4)(i)(B) ...... All. W ...... 98.236(c)(4)(i)(C) ...... All. W ...... 98.236(c)(4)(i)(D) ...... All. W ...... 98.236(c)(4)(i)(E) ...... All. W ...... 98.236(c)(4)(i)(F) ...... All. W ...... 98.236(c)(4)(i)(G) ...... All. W ...... 98.236(c)(4)(i)(H) ...... All. W ...... 98.236(c)(4)(ii)(A) ...... All. W ...... 98.236(c)(5)(i)(D) ...... All. W ...... 98.236(c)(5)(ii)(C) ...... All. W ...... 98.236(c)(6)(i)(B) ...... All.b W ...... 98.236(c)(6)(i)(D) ...... All.b W ...... 98.236(c)(6)(i)(E) ...... All.b W ...... 98.236(c)(6)(i)(F) ...... All.b

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TABLE A–7 TO SUBPART A OF PART 98—DATA ELEMENTS THAT ARE INPUTS TO EMISSION EQUATIONS AND FOR WHICH THE REPORTING DEADLINE IS MARCH 31, 2015—Continued

Specific data elements for which reporting date is March 31, 2015 Subpart Rule citation (‘‘All’’ means all data elements in the cited paragraph are (40 CFR part 98) not required to be reported until March 31, 2015)

W ...... 98.236(c)(6)(i)(G) ...... Only the amount of natural gas required. W ...... 98.236(c)(6)(i)(H) ...... Only the amount of natural gas required. W ...... 98.236(c)(6)(ii)(A) ...... All. W ...... 98.236(c)(6)(ii)(B) ...... All. W ...... 98.236(c)(7)(i)(A) ...... Only for Equation W–14A. W ...... 98.236(c)(8)(i)(F) ...... All.b W ...... 98.236(c)(8)(i)(K) ...... All. W ...... 98.236(c)(8)(ii)(A) ...... All.b W ...... 98.236(c)(8)(ii)(H) ...... All. W ...... 98.236(c)(8)(iii)(A) ...... All. W ...... 98.236(c)(8)(iii)(B) ...... All. W ...... 98.236(c)(8)(iii)(G) ...... All. W ...... 98.236(c)(12)(ii) ...... All. W ...... 98.236(c)(12)(v) ...... All. W ...... 98.236(c)(13)(i)(E) ...... All. W ...... 98.236(c)(13)(i)(F) ...... All. W ...... 98.236(c)(13)(ii)(A) ...... All. W ...... 98.236(c)(13)(ii)(B) ...... All. W ...... 98.236(c)(13)(iii)(A) ...... All. W ...... 98.236(c)(13)(iii)(B) ...... All. W ...... 98.236(c)(13)(v)(A) ...... All. W ...... 98.236(c)(14)(i)(B) ...... All. W ...... 98.236(c)(14)(ii)(A) ...... All. W ...... 98.236(c)(14)(ii)(B) ...... All. W ...... 98.236(c)(14)(iii)(A) ...... All. W ...... 98.236(c)(14)(iii)(B) ...... All. W ...... 98.236(c)(14)(v)(A) ...... All. W ...... 98.236(c)(15)(ii)(A) ...... All. W ...... 98.236(c)(15)(ii)(B) ...... All. W ...... 98.236(c)(16)(viii) ...... All. W ...... 98.236(c)(16)(ix) ...... All. W ...... 98.236(c)(16)(x) ...... All. W ...... 98.236(c)(16)(xi) ...... All. W ...... 98.236(c)(16)(xii) ...... All. W ...... 98.236(c)(16)(xiii) ...... All. W ...... 98.236(c)(16)(xiv) ...... All. W ...... 98.236(c)(16)(xv) ...... All. W ...... 98.236(c)(16)(xvi) ...... All. W ...... 98.236(c)(17)(ii) ...... All. W ...... 98.236(c)(17)(iii) ...... All. W ...... 98.236(c)(17)(iv) ...... All. W ...... 98.236(c)(18)(i) ...... All. W ...... 98.236(c)(18)(ii) ...... All. W ...... 98.236(c)(19)(iv) ...... All. W ...... 98.236(c)(19)(vii) ...... All. Y ...... 98.256(h)(5)(i) ...... Only value of the correction. Y ...... 98.256(k)(4) ...... Only mole fraction of methane in coking gas. Y ...... 98.256(n)(3) ...... All (if used in Equation Y–21 to calculate emissions from equipment leaks). Y ...... 98.256(o)(4)(vi) ...... Only tank-specific methane composition data and gas generation rate data. AA ...... 98.276(e) ...... All. CC ...... 98.296(b)(10)(i) ...... All. CC ...... 98.296(b)(10)(ii) ...... All. CC ...... 98.296(b)(10)(iii) ...... All. CC ...... 98.296(b)(10)(iv) ...... All. CC ...... 98.296(b)(10)(v) ...... All. CC ...... 98.296(b)(10)(vi) ...... All. II ...... 98.356(d)(2) ...... All (if conducting weekly sampling). II ...... 98.356(d)(3) ...... All (if conducting weekly sampling). II ...... 98.356(d)(4) ...... Only weekly average temperature (if conducting weekly sampling). II ...... 98.356(d)(5) ...... Only weekly average moisture content (if conducting weekly sampling). II ...... 98.356(d)(6) ...... Only weekly average pressure (if conducting weekly sampling). a Required to be reported only by: (1) Stationary fuel combustion sources (e.g., individual units, aggregations of units, common pipes, or com- mon stacks) subject to subpart C of this part that contain at least one combustion unit connected to a fuel-fired electric generator owned or oper- ated by an entity that is subject to regulation of customer billing rates by the PUC (excluding generators connected to combustion units subject to 40 CFR part 98, subpart D) and that are located at a facility for which the sum of the nameplate capacities for all such electric generators is greater than or equal to 1 megawatt electric output; and (2) stationary fuel combustion sources (e.g., individual units, aggregations of units, com- mon pipes, or common stacks) subject to subpart C of this part that do not meet the criteria in (1) of this footnote that elect to report these data elements, as provided in § 98.36(a), for reporting year 2014. b This rule citation provides an option to delay reporting of this data element for certain wildcat wells and/or delineation wells.

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Subpart I—Electronics Manufacturing GWPi = GWP of emitted fluorinated (in metric tons) from production and GHG i from Table A–1 of this part. transformation processes, totaled across ■ 8. Section 98.93 is amended by * * * * * the facility as a whole, of each revising paragraph (i)(2) to read as (1) * * * fluorinated GHG that is emitted in follows: quantities of 1,000 metric tons of CO2e GWPi = GWP of emitted fluorinated or more from production or § 98.93 Calculating GHG emissions. GHG i from Table A–1 of this part. transformation processes, totaled across GWPk = GWP of emitted fluorinated * * * * * the facility as a whole. Aggregate and (i) * * * GHG by-product k from Table A–1 of this part. report emissions of all other fluorinated (2) Method selection for stack systems GHGs from production and * * * * * in the fab. If the calculations under transformation processes by fluorinated (2) * * * paragraph (i)(1) of this section, as well GHG group for the facility as a whole, as any subsequent annual measurements GWPi = GWP of emitted fluorinated in metric tons of CO2e. and calculations under this subpart, GHG i from Table A–1 of this part. (e) Emissions from production and indicate that the stack system meets the GWPk = GWP of emitted fluorinated transformation processes, facility level, criteria in paragraph (i)(2)(i) through GHG by-product k from Table A–1 one product only. If your facility (iii) of this section, then you may of this part. produces only one fluorinated gas comply with either paragraph (i)(3) of * * * * * product, aggregate and report the GWP- this section (stack test method) or (x) If the emissions you report under weighted emissions from production paragraph (i)(4) of this section (method paragraph (c) of this section include and transformation processes of to estimate emissions from the stack emissions from research and fluorinated GHGs by fluorinated GHG systems that are not tested). If the stack development activities, as defined in group for the facility as a whole, in system does not meet all three criteria § 98.6, report the approximate metric tons CO2e, with the following in paragraph (i)(2)(i) through (iii) of this percentage of total GHG emissions, on a exception: Where emissions consist of a section, then you must comply with the metric ton CO2e basis, that are major fluorinated GHG constituent of a stack test method specified in paragraph attributable to research and fluorinated gas product, and the product (i)(3) of this section. development activities, using the is sold or transferred to another person, * * * * * following ranges: less than 5 percent, 5 report the total mass of each fluorinated ■ 9. Section 98.94 is amended by percent to less than 10 percent, 10 GHG that is emitted from production removing paragraph (j)(5)(ii)(C) and percent to less than 25 percent, 25 and transformation processes and that is revising paragraph (j)(8)(i) to read as percent to less than 50 percent, 50 a major fluorinated GHG constituent of follows: percent and higher. the product (in metric tons). * * * * * (f) Emissions from destruction § 98.94 Monitoring and QA/QC processes and venting of containers. requirements. Subpart L—Fluorinated Gas You must report the total mass of each * * * * * Production fluorinated GHG emitted (in metric (j) * * * tons) from: ■ (8) * * * 11. Section 98.122 is amended by (1) Each fluorinated gas destruction (i) Annual consumption of a revising paragraph (c) and adding process that is not part of a fluorinated fluorinated GHG used during the most paragraphs (d), (e) and (f) to read as gas production process or a fluorinated recent emissions test (expressed in follows: gas transformation process and all such CO2e) changes by more than 10 percent § 98.122 GHGs to report. fluorinated gas destruction processes of the total annual fluorinated GHG combined. consumption, relative to gas * * * * * (c) Emissions from production and (2) Venting of residual fluorinated consumption in CO e for that gas during 2 transformation processes, process level. GHGs from containers returned from the the year of the most recent emissions You must report, for each fluorinated field. test (for example, if the use of a single GHG group, the total GWP-weighted ■ 12. Section 98.123 is amended by: gas goes from 25 percent of CO2e to mass of all fluorinated GHGs in that ■ a. Revising the introductory text; greater than 35 percent of CO2e, this group (in metric tons CO e) emitted ■ change would trigger a re-test). 2 b. Removing and reserving paragraph from: (a); * * * * * (1) Each fluorinated gas production ■ c. Revising paragraph (b); ■ 10. Section 98.96 is amended by: process. ■ d. Revising paragraph (c)(1)(v); ■ a. Revising the parameter ‘‘GWPi’’ of (2) Each fluorinated gas ■ e. Removing and reserving paragraph Equation I–26 in paragraph (r) transformation process that is not part of (c)(1)(vi); introductory text; a fluorinated gas production process ■ f. Redesignating paragraphs (e)(i) and ■ b. Revising the parameters ‘‘GWPi’’ and where no fluorinated GHG reactant (e)(ii) as paragraphs (e)(1) and (e)(2), and ‘‘GWPk’’ of Equation I–27 in is produced at another facility. respectively; paragraph (r)(1); (3) Each fluorinated gas ■ g. Revising paragraphs (g)(1), (g)(2)(ii), ■ c. Revising the parameters ‘‘GWPi’’ transformation process that is not part of and (g)(2)(iv); and and ‘‘GWPk’’ of Equation I–28 in a fluorinated gas production process ■ h. Adding paragraph (h). paragraph (r)(2); and and where one or more fluorinated GHG The revisions and additions read as ■ d. Revising paragraph (x). reactants are produced at another follows: The revisions read as follows: facility. (d) Emissions from production and § 98.123 Calculating GHG emissions. § 98.96 Data reporting requirements. transformation processes, facility level, For fluorinated gas production and * * * * * multiple products. If your facility transformation processes, you must (r) * * * produces more than one fluorinated gas calculate the fluorinated GHG emissions * * * * * product, you must report the emissions from each process using the emission

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factor or emission calculation factor (a) [Reserved] (g) * * * method specified in paragraphs (c), (d), (b) Mass balance method. The mass (1) Measuring contents of each and (e) of this section, as appropriate. balance method was available for container. If you weigh or otherwise reporting years 2011, 2012, 2013, and For destruction processes that destroy measure the contents of each container fluorinated GHGs that were previously 2014 only. See paragraph 1 of Appendix A of this subpart for the former mass before venting the residual fluorinated ‘‘produced’’ as defined at § 98.410(b), GHGs, use Equation L–32 of this section you must calculate emissions using the balance method. (c) * * * to calculate annual emissions of each procedures in paragraph (f) of this (1) * * * fluorinated GHG from venting of section. For venting of residual gas from (v) GWPs. To convert the fluorinated residual fluorinated GHG from containers (e.g., cylinder heels), you GHG emissions to CO2e, use Equation containers. Convert pressures to masses must calculate emissions using the A–1 of § 98.2. as directed in paragraph (g)(2)(ii) of this procedures in paragraph (g) of this (vi) [Reserved] section. section. * * * * *

Where: HEfj = Mass of residual fluorinated GHG f in paragraph (g)(1) of this section must be container j after evacuation by facility E = Total mass of each fluorinated GHG f determined by monitoring the mass or Cf (metric tons). (Facility may equate to emitted from the facility through venting the pressure of your cylinders/ zero.) containers according to § 98.124(k). If of residual fluorinated GHG from n = Number of vented containers for each containers, annual basis (metric tons/ fluorinated GHG f. you monitor the pressure, convert the year). pressure to mass using a form of the HBfj = Mass of residual fluorinated GHG f in (2) * * * ideal gas law, as displayed in Equation container j when received by facility (ii) Measurement of residual gas. The L–33 of this section, with an (metric tons). residual weight or pressure you use for appropriately selected Z value.

Where: MW = Molecular weight of the fluorinated (iv) Calculate annual emissions of GHG f (g/gmole). mR = Mass of residual gas in the container each fluorinated GHG from venting of Z = Compressibility factor. residual fluorinated GHG from (metric ton). R = Gas constant (8.314 Pa m3/Kelvin mole). p = Absolute pressure of the gas (Pa). T = Absolute temperature (K). containers using Equation L–34 of this V = Volume of the gas (m3). 106 = Conversion factor (106 g/metric ton). section. * * * * *

Where: container size and type j, as determined (h) Effective destruction efficiency for in paragraph (g)(2)(iii) of this section. ECf = Total mass of each fluorinated GHG f each process. If you used the emission emitted from the facility through venting Nfj = Number of containers of size and type factor or emission calculation factor j returned to the fluorinated gas of residual fluorinated GHG from production facility. method to calculate emissions from the containers, annual basis (metric tons/ Ffj = Full capacity of containers of size and process, use Equation L–35 to calculate year). type j containing fluorinated GHG f the effective destruction efficiency for hfj = Facility-wide gas-specific heel factor for (metric tons). the process, including each process fluorinated GHG f (fraction) and n = Number of combinations of container vent: sizes and types for fluorinated GHG f.

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Where: emission test any fluorinated GHG that The revisions and additions read as DEEffective = Effective destruction efficiency was identified in the initial scoping follows: for process i (fraction). speciation. For process vents for which § 98.126 Data reporting requirements. EPVf = Mass of fluorinated GHG f emitted you did not perform an initial scoping from process vent v from process i, speciation, include in the emission test (a) All facilities. In addition to the operating scenario j, for the year, any fluorinated greenhouse gas that information required by § 98.3(c), you calculated in Equation L–21, L–22, L–26, must report the information in or L–27 of this section (kg). occurs in more than trace concentrations in the vent stream or, paragraphs (a)(2) through (6) of this GWPf = Global warming potential for each section according to the schedule in greenhouse gas from Table A–1 of where a destruction device is used, in subpart A of this part. the inlet to the destruction device. You paragraph (a)(1) of this section, except ECFPV-Uf = Emission calculation factor for may include startup and shutdown as otherwise provided in paragraph (j) of fluorinated GHG f emitted from process events if the testing is sufficiently long this section or in § 98.3(c)(4)(vii) and vent v during process i, operating or comprehensive to ensure that such Table A–7 of subpart A of this part. scenario j during periods when the events are not overrepresented in the (1) Frequency of reporting under process vent is not vented to the emission factor. Malfunction events paragraph (a) of this section. The properly functioning destruction device, must not be included in the testing. If information in paragraphs (a)(2) through as used in Equation L–21; or emission (6) of this section must be reported calculation factor for fluorinated GHG f you do not detect a fluorinated GHG that was identified in the scoping annually. emitted from process vent v during (2) Generically-identified process. For process i, operating scenario j, as used in speciation or that occurs in more than Equation L–26 or L–27 (kg emitted/ trace concentrations in the vent stream each production and transformation activity) (e.g., kg emitted/kg product), or in the inlet to the destruction device, process at the facility, you must: (i) Provide a number, letter, or other denoted as ‘‘ECFPV’’ in those equations. assume that fluorinated GHG was identifier for the process. This identifier EFPV-Uf = Emission factor (uncontrolled) for emitted at one half of the detection fluorinated GHG f emitted from process limit. must be consistent from year to year. vent v during process i, operating (ii) Indicate whether the process is a scenario j, as used in Equation L–22 (kg (2) Number of runs. For continuous fluorinated gas production process, a emitted/activity) (e.g., kg emitted/kg processes, sample the process vent for a fluorinated gas transformation process minimum of three runs of 1 hour each. product), denoted as ‘‘EFPV–U’’ in that where no fluorinated GHG reactant is equation. If the relative standard deviation (RSD) produced at another facility, or a Activity = Total process feed, process U of the emission factor calculated based fluorinated gas transformation process production, or other process activity for on the first three runs is greater than or process i, operating scenario j during the where one or more fluorinated GHG equal to 0.15 for the emission factor, reactants are produced at another year, for which the process vent is not continue to sample the process vent for vented to the properly functioning facility. destruction device (i.e., uncontrolled). an additional three runs of 1 hour each. (iii) Indicate whether the process If more than one fluorinated GHG is ActivityC = Total process feed, process could be characterized as reaction, production, or other process activity for measured, the RSD must be expressed in distillation, or packaging (include all process i, operating scenario j during the terms of total CO2e. that apply). year, for which emissions are vented to * * * * * (iv) For each generically-identified the properly functioning destruction (5) Emission test results. The results process and each fluorinated GHG device (i.e., controlled). of an emission test must include the group, report the method(s) used to o = Number of operating scenarios for process i. analysis of samples, number of test runs, determine the mass emissions of that v = Number of process vents in process i, the results of the RSD analysis, the fluorinated GHG group from that operating scenario j. analytical method used, determination process from vents (i.e., mass balance w = Number of fluorinated GHGs emitted of emissions, the process activity, and (for reporting years 2011, 2012, 2013, from the process. raw data and must identify the process, and 2014 only), process-vent-specific the operating scenario, the process vents ■ 5. Section 98.124 is amended by emission factor, or process-vent-specific tested, and the fluorinated GHGs that revising paragraphs (b) and (c)(1), (2) emission calculation factor). were included in the test. The emissions (v) For each generically-identified and (5) and redesignating paragraphs test report must contain all information process and each fluorinated GHG (c)(7) through (9) as paragraphs (c)(6) and data used to derive the process- group, report the method(s) used to through (8). The revisions read as follows: vent-specific emission factor, as well as determine the mass emissions of that key process conditions during the test. fluorinated GHG group from that § 98.124 Monitoring and QA/QC Key process conditions include those process from equipment leaks, unless requirements. that are normally monitored for process you used the mass balance method (for * * * * * control purposes and may include but reporting years 2011, 2012, 2013, and (b) Mass balance monitoring. Mass are not limited to yields, pressures, 2014 only) for that process. balance monitoring was available for temperatures, etc. (e.g., of reactor (3) Emissions from production and reporting years 2011, 2012, 2013, and vessels, distillation columns). transformation processes, process level, 2014 only. See paragraph 2 of Appendix * * * * * multiple products. If your facility produces more than one fluorinated gas A of this subpart for the former mass ■ 6. Section 98.126 is amended by: product, for each generically-identified balance method. ■ (c) * * * a. Revising paragraphs (a) through (e); process and each fluorinated GHG (1) Process vent testing. Conduct an ■ b. Removing and reserving paragraphs group, you must report the total GWP- emissions test that is based on (f)(1), (f)(5), and (g)(1); weighted emissions of all fluorinated representative performance of the ■ c. Revising paragraphs (g)(2) and GHGs in that group from the process, in process or operating scenario(s) of the (h)(1); metric tons CO2e. process, as applicable. For process vents ■ d. Removing and reserving paragraph (4) Emissions from production and for which you performed an initial (h)(2); and transformation processes, facility level, scoping speciation, include in the ■ e. Adding paragraph (k). multiple products. If your facility

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produces more than one fluorinated gas mass balance reporting for that reporting destruction efficiency was reduced due product, you must report the year. For processes whose emissions to the malfunction. information in paragraphs (a)(4)(i) and were determined using the mass balance * * * * * (ii) of this section, as applicable, for method under the former § 98.123(b), as (g) * * * emissions from production and included in paragraph 1 of Appendix A (2) The mass of the fluorinated GHG transformation processes. of this subpart, you must report the emitted from the destruction device (i) For each fluorinated GHG with information listed in paragraphs (b)(1) (metric tons). emissions of 1,000 metric tons of CO2e and (b)(2) of this section for each (h) * * * or more from production and process on an annual basis. (1) The mass of the residual transformation processes, summed (1) If you calculated the relative and fluorinated GHG vented from containers across the facility as a whole, you must absolute errors under the former annually (metric tons). report the total mass in metric tons of § 98.123(b)(1), the overall absolute and * * * * * the fluorinated GHG emitted from relative errors calculated for the process (k) Submission of complete reporting production and transformation under the former § 98.123(b)(1), in year 2011, 2012, and 2013 GHG reports. processes, summed across the facility as metric tons CO2e and decimal fraction, By March 31, 2015, you must submit a whole. If the fluorinated GHG does not respectively. annual GHG reports for reporting years have a chemical-specific GWP in Table (2) The method used to estimate the 2011, 2012, and 2013 that contain the A–1 of subpart A, identify the total mass of fluorine in destroyed or information specified in paragraphs (a) fluorinated GHG group of which that recaptured streams (specify the former through (i) of this section. The reports fluorinated GHG is a member. § 98.123(b)(4) or (15), as included in must calculate CO e using the GWPs in (ii) For all other fluorinated GHGs paragraph 1 of Appendix A of this 2 Table A–1 of subpart A of this part (as emitted from production and subpart). in effect on January 1, 2015). Prior transformation processes, you must (c) Reporting for emission factor and submission of partial reports for these report the total GWP-weighted emission calculation factor approach. reporting years under paragraph (j) of emissions from production and For processes whose emissions are this section does not affect your transformation processes of those determined using the emission factor obligation to submit complete reports fluorinated GHGs by fluorinated GHG approach under § 98.123(c)(3) or the under this paragraph. group, summed across the facility as a emission calculation factor under ■ whole, in metric tons of CO2e. § 98.123(c)(4), you must report the 7. Section 98.127 is amended by: (5) Emissions from production and following for each generically-identified ■ a. Revising the introductory text; transformation processes, facility level, process. ■ b. Revising paragraphs (a)(1) and (2); one product only. If your facility (1) [Reserved] ■ c. Adding paragraphs (a)(3) and (4); produces only one fluorinated gas (2) [Reserved] ■ d. Revising paragraph (b); product, aggregate and report the total (3) For each fluorinated GHG group, ■ e. Revising paragraph (c) introductory GWP-weighted emissions from the total GWP-weighted mass of all text and paragraph (c)(3); and production and transformation fluorinated GHGs in that group emitted ■ f. Adding paragraph (l). processes of fluorinated GHGs by from all process vents combined, in The revisions and additions read as fluorinated GHG group for the facility as metric tons of CO2e. follows: a whole, in metric tons of CO2e, with (4) For each fluorinated GHG group, § 98.127 Records that must be retained. the following exception: Where the total GWP-weighted mass of all emissions consist of a major fluorinated fluorinated GHGs in that group emitted In addition to the records required by GHG constituent of a fluorinated gas from equipment leaks, in metric tons of § 98.3(g), you must retain the dated product, and the product is sold or CO2e. records specified in paragraphs (a) transferred to another person, report the (d) Reporting for missing data. Where through (l) of this section, as applicable. total mass in metric tons of each missing data have been estimated (a) * * * fluorinated GHG that is emitted from pursuant to § 98.125, you must report: (1) Identify all products and processes production and transformation (1) The generically-identified process subject to this subpart. Include the unit processes and that is a major fluorinated for which the data were missing. identification as appropriate, the generic GHG constituent of the product. If the (2) The reason the data were missing, process identification reported for the fluorinated GHG does not have a the length of time the data were missing, process under § 98.126(a)(2)(i) through chemical-specific GWP in Table A–1 of and the method used to estimate the (iii), and the product with which the subpart A, identify the fluorinated GHG missing data. process is associated. group of which that fluorinated GHG is (3) Estimates of the missing data for (2) Monthly and annual records, as a member. all missing data associated with data applicable, of all analyses and (6) Effective destruction efficiency. elements required to be reported in this calculations conducted as required For each generically-identified process, section. under § 98.123, including the data use Table L–1 of this subpart to report (e) Reporting of destruction device monitored under § 98.124, and all the range that encompasses the effective excess emissions data. Each fluorinated information reported as required under destruction efficiency, DEeffective, gas production facility that destroys § 98.126. calculated for that process using fluorinated GHGs must report the excess (3) Identify all fluorinated GHGs with Equation L–35 of this subpart. The emissions that result from malfunctions emissions of 1,000 metric tons CO2e or effective destruction efficiency must be of the destruction device, and these more from production and reported on a CO2e basis. excess emissions must be reflected in transformation processes, summed (b) Reporting for mass balance the fluorinated GHG estimates in the across the facility as a whole, and method for reporting years 2011, 2012, former § 98.123(b) as included in identify all fluorinated GHGs with total 2013, and 2014. If you used the mass paragraph 1 of Appendix A of this emissions less than 1,000 metric tons balance method to calculate emissions subpart for the former mass balance CO2e from production and for any of the reporting years 2011, method, and in § 98.123(c). Such excess transformation processes, summed 2012, 2013, or 2014, you must conduct emissions would occur if the across the facility as a whole.

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(4) Calculations used to determine the (5) The site-specific, process-vent- Fluorinated gas product means the total GWP-weighted emissions of specific emission factor, EFPV–C, for the product of the process, including fluorinated GHGs by fluorinated GHG process vent, measured after the isolated intermediates. group for each process, in metric tons destruction device (kg fluorinated GHG * * * * * CO2e. emitted per kg activity) (Equation L–21). Generically-identified process means (b) Scoping speciation. Retain records (6) The site-specific, process-vent- a process that is: documenting the information collected specific emission calculation factor, (1) Identified as a production process, under § 98.124(a). ECFPV–U, for the process vent, for a transformation process where no (c) Mass balance method. Retain the periods not vented to destruction device fluorinated GHG reactant is produced at following records for each process for (kg fluorinated GHG emitted per kg another facility, or a transformation which the mass balance method was activity) (Equations L–21, L–35). process where one or more fluorinated used to estimate emissions in reporting (7) The site-specific, process-vent- GHG reactants are produced at another years 2011, 2012, 2013, or 2014. If you specific emission factor(s), EF for facility; used an element other than fluorine in PV–U, (2) Further identified as a reaction, the process vent, measured before the the mass balance equation pursuant to distillation, or packaging process, or a destruction device (kg fluorinated GHG the former § 98.123(b)(3) as included in combination thereof; and emitted per kg activity) (Equations L–22, paragraph 1 of Appendix A of this (3) Tagged with a discrete identifier, L–35). subpart for the former mass balance such as a letter or number, that remains method, substitute that element for (8) The site-specific, process-vent- constant from year to year. specific emission calculation factor for fluorine in the recordkeeping * * * * * requirements of this paragraph. the process vent, ECFPV (kg fluorinated Major fluorinated GHG constituent GHG emitted per kg of activity) * * * * * means a fluorinated GHG constituent of (Equations L–26, L–27, L–35). (3) The data and calculations used to a fluorinated gas product that occurs in determine the fractions of the mass (9) Destruction efficiency, DE, of each concentrations greater than 1 percent by emitted consisting of each reactant destruction device for each fluorinated mass. GHG whose destruction the facility (FERd), product (FEP), and by-product * * * * * reflects in § 98.123, in accordance with (FEBk), including the preliminary ■ 9. Add table L–1 to subpart L to read § 98.124(g)(1)(i) through (iv) (weight calculations in the former as follows: § 98.123(b)(8)(i). fraction) (Equations L–22, L–27, L–31). * * * * * (10) Emissions of each fluorinated TABLE L–1 OF SUBPART L OF PART (l) Verification software records. For GHG for equipment pieces for the 98—RANGES OF EFFECTIVE DE- process, E (metric ton/yr) reporting year 2015 and thereafter, you ELf STRUCTION EFFICIENCY must enter into verification software (98.123(d)(3)). specified in § 98.5(b) the data specified (11) The mass of the fluorinated GHG Range of Reductions in paragraphs (l)(1) through (15) of this previously produced and fed into the ≥ section. The data specified in destruction device, RED, (metric tons) 99%. (Equation L–31). ≥95% to <99%. paragraphs (l)(1) through (11) must be ≥ entered for each process and each 75% to <95%. (12) If applicable, the heel factor, hfj, ≥0% to <75%. process vent, as applicable. The data calculated for each container size and specified in paragraphs (l)(1) through type (decimal fraction) (Equation L–34). ■ (15) must be entered for each 10. Add Appendix A to subpart L to (13) If applicable, the number of read as follows: fluorinated GHG, as applicable. You containers of size and type j returned to must keep a record of the file generated the fluorinated gas production facility, Appendix A to Subpart L of Part 98— by the verification software specified in Nfj, (Equation L–34). Mass Balance Method for Fluorinated § 98.5(b) for the applicable data Gas Production (14) If applicable, the full capacity of specified in paragraphs (l)(1) through containers of size and type j containing 1. Mass Balance Method for § 98.123(b). (15) of this section. Retention of this file fluorinated GHG f, F , (metric tons) [Note: Numbering convention here matches satisfies the recordkeeping requirement fj (Equation L–34). original rule text, 75 FR 74774, December 1, for the data in paragraphs (l)(1) through 2010.] (15) of this section. (15) For fluorinated GHGs that do not (b) Mass balance method. Before using the (1) The identity of the process vent have a chemical-specific GWP on Table mass balance approach to estimate your (e.g., name or number assigned by the A–1 of subpart A of this part, the fluorinated GHG emissions from a process, facility). fluorinated GHG group of which the you must ensure that the process and the (2) The equation used to estimate fluorinated GHG is a member, as equipment and methods used to measure it meet either the error limits described in this emissions from the process vent applicable (to permit look-up of global warming potential, GWP , or GWP , for paragraph and calculated under paragraph (Equations L–21, L–22, L–26, or L–27). f i (b)(1) of this section or the requirements (3) The type of process activity used that fluorinated GHG in Table A–1 of specified in paragraph § 98.124(b)(8). If you to estimate emissions from the process subpart A of this part (Equation A–1 of choose to calculate the error limits, you must vent (e.g., product of process or reactant subpart A of this part, Equation L–35)). estimate the absolute and relative errors consumed by process) (Activity, ■ 8. Section 98.128 is amended by associated with using the mass balance approach on that process using Equations L– ActivityC, or ActivityU) (Equations L–21, adding, in alphabetical order, 1 through L–4 of this section in conjunction L–22, L–26, L–27, L–35). definitions for ‘‘Fluorinated gas (4) The quantities of the process with Equations L–5 through L–10 of this product,’’ ‘‘Generically-identified section. You may use the mass-balance activity used to estimate controlled and process,’’ and ‘‘Major fluorinated GHG approach to estimate emissions from the uncontrolled emissions, respectively, constituent’’ to read as follows: process if this calculation results in an for the process vent, Activity, ActivityU, absolute error of less than or equal to 3,000 § 98.128 Definitions. or ActivityC, (e.g. kg product) (Equations metric tons CO2e per year or a relative error L–21, L–22, L–26, L–27, L–35). * * * * * of less than or equal to 30 percent of the

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estimated CO2e fluorinated GHG emissions. If techniques. Once errors have been calculated the frequency of the measurements, and the you do not meet either of the error limits or for the quantities in these equations, those accuracy or precision (whichever is larger) of the requirements of paragraph § 98.124(b)(8), errors must be used to calculate the errors in the analytical technique used to measure the you must use the emission factor approach Equations L–6 and L–5 of this section. You concentration at the concentration measured. detailed in paragraphs (c), (d), and (e) of this may ignore the errors associated with If the variability of process measurements is section to estimate emissions from the Equations L–11, L–12, and L–13 of this used to estimate the error, this variability process. section. shall be assumed to account both for the (1) Error calculation. To perform the (i) Where the measured quantity is a mass, variability of the process and the precision of calculation, you must first calculate the the error in the mass must be equated to the the analytical technique. Use standard absolute and relative errors associated with accuracy or precision (whichever is larger) of statistical techniques such as the student’s t the quantities calculated using either the flowmeter, scale, or combination of distribution to estimate the error of the mean Equations L–7 through L–10 of this section volumetric and density measurements at the of the concentration measurements as a or Equation L–17 of this section. flow rate or mass measured. function of process variability and frequency Alternatively, you may estimate these errors (ii) Where the measured quantity is a of measurement. based on the variability of previous process concentration of a stream component, the (iii) Equation L–1 of this section provides measurements (e.g., the variability of error of the concentration must be equated to the general formula for calculating the measurements of stream concentrations), the accuracy or precision (whichever is absolute errors of sums and differences provided these measurements are larger) with which you estimate the mean where the sum, S, is the summation of representative of the current process and concentration of that stream component, variables measured, a, b, c, etc. (e.g., S = a current measurement devices and accounting for the variability of the process, + b + c):

Where: ea = Relative error of a, expressed as one half ec = Relative error of c, expressed as one half of a 95 percent confidence interval. eSA = Absolute error of the sum, expressed of a 95 percent confidence interval. as one half of a 95 percent confidence eb = Relative error of b, expressed as one half (iv) Equation L–2 of this section provides interval. of a 95 percent confidence interval. the general formula for calculating the relative errors of sums and differences:

Where: eSA = Absolute error of the sum, expressed absolute errors of products (e.g., flow rates of as one half of a 95 percent confidence GHGs calculated as the product of the flow eSR = Relative error of the sum, expressed as one half of a 95 percent confidence interval. rate of the stream and the concentration of a+b+c = Sum of the variables measured. interval. the GHG in the stream), where the product, (v) Equation L–3 of this section provides P, is the result of multiplying the variables the general formula for calculating the measured, a, b, c, etc. (e.g., P = a*b*c):

Where: ea = Relative error of a, expressed as one half ec = Relative error of c, expressed as one half ePA = Absolute error of the product, of a 95 percent confidence interval. of a 95 percent confidence interval. expressed as one half of a 95 percent eb = Relative error of b, expressed as one half (vi) Equation L–4 of this section provides confidence interval. of a 95 percent confidence interval. the general formula for calculating the relative errors of products:

Where: annual CO2e emissions of the process using measurements represent less than one year of ePR = Relative error of the product, expressed the method in paragraph (b)(1)(viii) of this typical process activity, adjust the estimated as one half of a 95 percent confidence section. Multiply this result by the relative emissions to account for one year of typical interval. error calculated for the mass of fluorine process activity. To estimate the terms FERd, emitted from the process in Equation L–6 of FEP, and FEBk for use in the error estimate ePA = Absolute error of the product, expressed as one half of a 95 percent this section. for Equations L–11, L–12, and L–13 of this (viii) To estimate the annual CO e section, you must either use emission testing, confidence interval. 2 emissions of the process for use in the error monitoring of emitted streams, and/or a*b*c = Product of the variables measured. estimate, apply the methods set forth in engineering calculations or assessments, or in (vii) Calculate the absolute error of the paragraphs (b)(2) through (7) and (b)(9) the alternative assume that all fluorine is emissions estimate in terms of CO2e by through (16) of this section to representative emitted in the form of the fluorinated GHG performing a preliminary estimate of the process measurements. If these process that has the highest GWP among the

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fluorinated GHGs that occur in more than in Table A–1 to subpart A of this part, use transformation process must be estimated by trace concentrations in the process. To a default GWP of 2,000. using Equation L–5 of this section. convert the fluorinated GHG emissions to (2) The total mass of each fluorinated GHG CO2e, use Equation A–1 of § 98.2. For emitted annually from each fluorinated gas fluorinated GHGs whose GWPs are not listed production and each fluorinated GHG

Where: EBp-FGHGf = Total mass of fluorinated GHG for processes that do not involve a chemical

EFGHGf = Total mass of each fluorinated GHG by-product f emitted from production reaction), accounting for the total mass of f emitted annually from production or process i over the period p (metric tons, fluorine in any destroyed or recaptured transformation process i (metric tons). calculated in Equation L–13 of this streams that contain reactants, products, or ERp-FGHGf = Total mass of fluorinated GHG section). by-products (or inputs or outputs). This reactant f emitted from production n = Number of concentration and flow calculation must be performed using process i over the period p (metric tons, measurement periods for the year. Equation L–6 of this section. An element calculated in Equation L–11 of this (3) The total mass of fluorine emitted from other than fluorine may be used in the mass- section). process i over the period p must be estimated balance equation, provided the element EPp-FGHGf = Total mass of the fluorinated GHG at least monthly by calculating the difference occurs in all of the fluorinated GHGs fed into product f emitted from production between the total mass of fluorine in the or generated by the process. In this case, the process i over the period p (metric tons, reactant(s) (or inputs, for processes that do mass fractions of the element in the reactants, calculated in Equation L–12 of this not involve a chemical reaction) and the total products, and by-products must be calculated section). mass of fluorine in the product (or outputs, as appropriate for that element.

Where: MFFRd = Mass fraction of fluorine in reactant period p, calculated in Equation L–7 of this section. EF = Total mass of fluorine emitted from d, calculated in Equation L–14 of this process i over the period p (metric tons). section. v = Number of fluorine-containing reactants fed into process i. Rd = Total mass of the fluorine-containing MFFP = Mass fraction of fluorine in the reactant d that is fed into process i over product, calculated in Equation L–15 of (4) The mass of total fluorine in destroyed the period p (metric tons). this section. or recaptured streams containing fluorine- containing reactants, products, and by- P = Total mass of the fluorine-containing FD = Total mass of fluorine in destroyed or recaptured streams from process i products must be estimated at least monthly product produced by process i over the using Equation L–7 of this section unless you containing fluorine-containing reactants, period p (metric tons). use the alternative approach provided in products, and by-products over the paragraph (b)(15) of this section.

Where: Bkl = Mass of fluorine-containing by-product q = Number of streams destroyed in process k removed from process i in stream l and i. FD = Total mass of fluorine in destroyed or recaptured streams from process i recaptured over the period p. x = Number of streams recaptured in process i. containing fluorine-containing reactants, Rdj = Mass of fluorine-containing reactant d removed from process i in stream j and u = Number of fluorine-containing by- products, and by-products over the destroyed over the period p (calculated products generated in process i. period p. in Equation L–8 or L–9 of this section). v = Number of fluorine-containing reactants Pj = Mass of the fluorine-containing product MFFRd = Mass fraction of fluorine in reactant fed into process i. removed from process i in stream j and d, calculated in Equation L–14 of this (5) The mass of each fluorinated GHG destroyed over the period p (calculated section. removed from process i in stream j and in Equation L–8 or L–9 of this section). MFFP = Mass fraction of fluorine in the destroyed over the period p (i.e., Pj, Bkj, or Bkj = Mass of fluorine-containing by-product product, calculated in Equation L–15 of Rdj, as applicable) must be estimated by k removed from process i in stream j and this section. applying the destruction efficiency (DE) of destroyed over the period p (calculated MFFBk = Mass fraction of fluorine in by- the device that has been demonstrated for the in Equation L–8 or L–9 of this section). product k, calculated in Equation L–16 fluorinated GHG f to fluorinated GHG f using of this section. Equation L–8 of this section:

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Where: CFGHGfj = Concentration (mass fraction) of (6) The mass of each fluorine-containing fluorinated GHG f in stream j removed MFGHGfj = Mass of fluorinated GHG f removed compound that is not a fluorinated GHG and from process i in stream j and destroyed from process i and fed into the that is removed from process i in stream j and destruction device over the period p. If over the period p. (This may be Pj, Bkj, destroyed over the period p (i.e., Pj, Bkj, or this concentration is only a trace R , as applicable) must be estimated using or Rdj, as applicable.) concentration, c is equal to zero. dj F–GHGfj Equation L–9 of this section. DEFGHGf = Destruction efficiency of the Sj = Mass removed in stream j from process device that has been demonstrated for i and fed into the destruction device over fluorinated GHG f in stream j (fraction). the period p (metric tons).

Where: stream j removed from process i and fed (7) The mass of fluorine-containing by-

MFCgj = Mass of non-GHG fluorine-containing into the destruction device over the product k removed from process i in stream compound g removed from process i in period p. If this concentration is only a l and recaptured over the period p must be stream j and destroyed over the period p. trace concentration, cFCgj is equal to zero. estimated using Equation L–10 of this (This may be Pj, Bkj, or Rdj, as Sj = Mass removed in stream j from process section: applicable). i and fed into the destruction device over cFCgj = Concentration (mass fraction) of non- the period p (metric tons). GHG fluorine-containing compound g in

Where: characterization measurements showing the emissions from each process vent, Bkl = Mass of fluorine-containing by-product otherwise. These emission characterization considering controls, using the methods in k removed from process i in stream l and measurements must meet the requirements in § 98.123(c)(1). You must characterize the recaptured over the period p (metric paragraph (8)(i), (ii), or (iii) of this section, as emissions of any process vent that emits tons). appropriate. The sum of the terms must equal 25,000 metric tons CO2e or more as specified cBkl = Concentration (mass fraction) of 1. You must document the data and in § 98.124(b)(4). fluorine-containing by-product k in calculations that are used to speciate (ii) For other vents, including vents from stream l removed from process i and individual compounds and to estimate FERd, processes that emit less than 25,000 metric recaptured over the period p. If this FEP, and FEBk. Exclude from your tons CO e, you must characterize emissions concentration is only a trace calculations the fluorine included in F . For 2 D as specified in § 98.124(b)(5). concentration, cBkl is equal to zero. example, exclude fluorine-containing (iii) For fluorine emissions that are not Sl = Mass removed in stream l from process compounds that are not fluorinated GHGs i and recaptured over the period p and that result from the destruction of accounted for by vent estimates, you must (metric tons). fluorinated GHGs by any destruction devices characterize emissions as specified in § 98.124(b)(6). (8) To estimate the terms FERd, FEP, and (e.g., the mass of HF created by combustion (9) The total mass of fluorine-containing FEBk for Equations L–11, L–12, and L–13 of of an HFC). However, include emissions of this section, you must assume that the total fluorinated GHGs that survive the destruction reactant d emitted must be estimated at least mass of fluorine emitted, EF, estimated in process. monthly based on the total fluorine emitted Equation L–6 of this section, occurs in the (i) If the calculations under paragraph and the fraction that consists of fluorine- form of the fluorinated GHG that has the (b)(1)(viii) of this section, or any subsequent containing reactants using Equation L–11 of highest GWP among the fluorinated GHGs measurements and calculations under this this section. If the fluorine-containing that occur in more than trace concentrations subpart, indicate that the process emits reactant d is a non-GHG, you may assume in the process unless you possess emission 25,000 metric tons CO2e or more, estimate that FERd is zero.

Where: FEBk = The fraction of the mass emitted that v = Number of fluorine-containing reactants

ER-ip = Total mass of fluorine-containing consists of fluorine-containing by- fed into process i. reactant d that is emitted from process i product k. (10) The total mass of fluorine-containing MFF = Mass fraction of fluorine in reactant over the period p (metric tons). Rd product emitted must be estimated at least d, calculated in Equation L–14 of this FERd = The fraction of the mass emitted that monthly based on the total fluorine emitted consists of the fluorine-containing section. and the fraction that consists of fluorine- reactant d. MFFP = Mass fraction of fluorine in the containing products using Equation L–12 of EF = Total mass of fluorine emissions from product, calculated in Equation L–15 of process i over the period p (metric tons), this section. this section. If the fluorine-containing calculated in Equation L–6 of this MFFBk = Mass fraction of fluorine in by- product is a non-GHG, you may assume that section. product k, calculation in Equation L–16 FEP is zero. FEP = The fraction of the mass emitted that of this section. consists of the fluorine-containing u = Number of fluorine-containing by- product. products generated in process i.

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Where: FEBk = The fraction of the mass emitted that v = Number of fluorine-containing reactants

EP-ip = Total mass of fluorine-containing consists of fluorine-containing by- fed into process i. product emitted from process i over the product k. (11) The total mass of fluorine-containing MFF = Mass fraction of fluorine in reactant period p (metric tons). Rd by-product k emitted must be estimated at d, calculated in Equation L–14 of this FEP = The fraction of the mass emitted that least monthly based on the total fluorine consists of the fluorine-containing section. emitted and the fraction that consists of product. MFFP = Mass fraction of fluorine in the fluorine-containing by-products using EF = Total mass of fluorine emissions from product, calculated in Equation L–15 of process i over the period p (metric tons), this section. Equation L–13 of this section. If fluorine- calculated in Equation L–6 of this MFFBk = Mass fraction of fluorine in by- containing by-product k is a non-GHG, you section. product k, calculation in Equation L–16 may assume that FEBk is zero. FERd = The fraction of the mass emitted that of this section. consists of fluorine-containing reactant u = Number of fluorine-containing by- d. products generated in process i.

Where: FEP = The fraction of the mass emitted that MFFBk = Mass fraction of fluorine in by- consists of the fluorine-containing EBk-ip = Total mass of fluorine-containing by- product k, calculation in Equation L–16 product k emitted from process i over the product. of this section. EF = Total mass of fluorine emissions from u = Number of fluorine-containing by- period p (metric tons). process i over the period p (metric tons), products generated in process i. FEBk = The fraction of the mass emitted that calculated in Equation L–6 of this consists of fluorine-containing by- section. v = Number of fluorine-containing reactants fed into process i. product k. MFFRd = Mass fraction of fluorine in reactant FERd = The fraction of the mass emitted that d, calculated in Equation L–14 of this (12) The mass fraction of fluorine in consists of fluorine-containing reactant section. reactant d must be estimated using Equation d. MFFP = Mass fraction of fluorine in the L–14 of this section: product, calculated in Equation L–15 of this section.

Where: MFRd = Moles fluorine per mole of reactant (13) The mass fraction of fluorine in the d. MFFRd = Mass fraction of fluorine in reactant product must be estimated using Equation L– d (fraction). AWF = Atomic weight of fluorine. 15 of this section: MWRd = Molecular weight of reactant d.

Where: AWF = Atomic weight of fluorine. (14) The mass fraction of fluorine in by- MFFP = Mass fraction of fluorine in the MWP = Molecular weight of the product product k must be estimated using Equation product (fraction). produced. L–16 of this section: MFP = Moles fluorine per mole of product.

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Where: MWBk = Molecular weight of by-product k. the total mass of fluorine in destroyed or

MFFBk = Mass fraction of fluorine in the (15) Alternative for determining the mass recaptured streams containing fluorine- product (fraction). of fluorine destroyed or recaptured. As an containing compounds (including all MFBk = Moles fluorine per mole of by- alternative to using Equation L–7 of this fluorine-containing reactants, products, and product k. section as provided in paragraph (b)(4) of this byproducts) using Equation L–17 of this AWF = Atomic weight of fluorine. section, you may estimate at least monthly section.

Where: cTFj = Concentration (mass fraction) of total Sl = Mass removed in stream l from process fluorine in stream j removed from FD = Total mass of fluorine in destroyed or i and recaptured over the period p. recaptured streams from process i process i and fed into the destruction q = Number of streams destroyed in process device over the period p. If this containing fluorine-containing reactants, i. concentration is only a trace x = Number of streams recaptured in process products, and by-products over the concentration, c is equal to zero. TFj i. period p. Sj = Mass removed in stream j from process DEavgj = Weighted average destruction i and fed into the destruction device over (16) Weighted average destruction efficiency of the destruction device for the period p (metric tons). efficiency. For purposes of Equation L–17 of the fluorine-containing compounds cTFl = Concentration (mass fraction) of total this section, calculate the weighted average identified in destroyed stream j under fluorine in stream l removed from destruction efficiency applicable to a § 98.124(b)(4)(ii) and (5)(ii) (calculated in process i and recaptured over the period destroyed stream using Equation L–18 of this Equation L–18 of this section)(fraction). p. If this concentration is only a trace section. concentration, cBkl is equal to zero.

Where: 2. Mass Balance Method for § 98.124(b). (iii) The mass removed from the process in

DEavgj = Weighted average destruction [Note: Numbering convention here matches each stream fed into the destruction device. efficiency of the destruction device for original rule text, 75 FR 74774, December 1, (iv) The mass removed from the process in the fluorine-containing compounds 2010.] each recaptured stream. identified in destroyed stream j under (b) Mass balance monitoring. If you (2) Concentration measurements for use 98.124(b)(4)(ii) or (b)(5)(ii), as determine fluorinated GHG emissions from with § 98.123(b)(4). If you use § 98.123(b)(4) appropriate. any process using the mass balance method to estimate the mass of fluorine in destroyed DEFGHGf = Destruction efficiency of the under § 98.123(b), you must estimate the total or recaptured streams, measure the following device that has been demonstrated for mass of each fluorinated GHG emitted from concentrations at least once each calendar fluorinated GHG f in stream j (fraction). that process at least monthly. Only streams month during which the process is operating, that contain greater than trace concentrations cFGHGfj = Concentration (mass fraction) of on a schedule to ensure that the of fluorine-containing reactants, products, or fluorinated GHG f in stream j removed measurements are representative of the full by-products must be monitored under this from process i and fed into the range of process conditions (e.g., catalyst paragraph. If you use an element other than destruction device over the period p. If age). Measure more frequently if this is fluorine in the mass-balance equation this concentration is only a trace necessary to meet the error criteria in concentration, cF–GHGfj is equal to zero. pursuant to § 98.123(b)(3), substitute that element for fluorine in the monitoring § 98.123(b)(1). Use equipment and methods cFCgj = Concentration (mass fraction) of non- (e.g., gas chromatography) that comply with GHG fluorine-containing compound g in requirements of this paragraph. paragraph (e) of this section and that have an stream j removed from process i and fed (1) Mass measurements. Measure the accuracy and precision that allow the facility into the destruction device over the following masses on a monthly or more to meet the error criteria in § 98.123(b)(1). period p. If this concentration is only a frequent basis using flowmeters, weigh trace concentration, c is equal to zero. scales, or a combination of volumetric and Only fluorine-containing reactants, products, FCgj and by-products that occur in a stream in Sj = Mass removed in stream j from process density measurements with accuracies and i and fed into the destruction device over precisions that allow the facility to meet the greater than trace concentrations must be the period p (metric tons). error criteria in § 98.123(b)(1): monitored under this paragraph. (i) The concentration (mass fraction) of the MFFFGHGf = Mass fraction of fluorine in (i) Total mass of each fluorine-containing fluorinated GHG f, calculated in product produced. Account for any used fluorine-containing product in each stream Equation L–14, L–15, or L–16 of this fluorine-containing product added into the that is fed into the destruction device. section, as appropriate. production process upstream of the output (ii) The concentration (mass fraction) of MFFFCg = Mass fraction of fluorine in non- measurement as directed at §§ 98.413(b) and each fluorine-containing by-product in each GHG fluorine-containing compound g, 98.414(b). For each product, the mass stream that is fed into the destruction device. calculated in Equation L–14, L–15, or L– produced used for the mass-balance (iii) The concentration (mass fraction) of 16 of this section, as appropriate. calculation must be the same as the mass each fluorine-containing reactant in each w = Number of fluorinated GHGs in produced that is reported under subpart OO stream that is fed into the destruction device. destroyed stream j. of this part, where applicable. (iv) The concentration (mass fraction) of y = Number of non-GHG fluorine-containing (ii) Total mass of each fluorine-containing each fluorine-containing by-product in each compounds in destroyed stream j. reactant fed into the process. stream that is recaptured (cBkl).

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(3) Concentration measurements for use (iii) Controlled emissions using provided the tests are representative of with § 98.123(b)(15). If you use § 98.123(b)(4). If you use § 98.123(b)(4) to current operating conditions of the process, § 98.123(b)(15) to estimate the mass of estimate the mass of fluorine in destroyed or or bench-scale or pilot-scale test data fluorine in destroyed or recaptured streams, recaptured streams, and if the emissions from representative of the process operating measure the concentrations listed in the process vent are routed through a conditions. paragraphs (b)(3)(i) and (ii) of this section at destruction device, characterize the process (ii) Controlled emissions using least once each calendar month during which vent’s emissions monthly (or more § 98.123(b)(15). If you use § 98.123(b)(15) to the process is operating, on a schedule to frequently) using the monthly (or more estimate the total mass of fluorine in ensure that the measurements are frequent) measurements under paragraphs destroyed or recaptured streams, and if the representative of the full range of process (b)(1)(iii) and (b)(2)(i) through (iii) of this emissions from the process vent are routed conditions (e.g., catalyst age). Measure more section. Apply the destruction efficiency through a destruction device, characterize frequently if this is necessary to meet the demonstrated for each fluorinated GHG in emissions as specified in paragraph (b)(5)(i) error criteria in § 98.123(b)(1). Use equipment the destroyed stream to that fluorinated GHG. of this section before the destruction device. and methods (e.g., gas chromatography) that Exclude from the characterization fluorine- Apply the destruction efficiency comply with paragraph (e) of this section and containing compounds that are not demonstrated for each fluorinated GHG in that have an accuracy and precision that fluorinated GHGs. the destroyed stream to that fluorinated GHG. allow the facility to meet the error criteria in (iv) Emissions characterization frequency. Exclude from the characterization fluorine- § 98.123(b)(1). Only fluorine-containing You must repeat emission characterizations containing compounds that are not reactants, products, and by-products that performed under paragraph (b)(4)(i) and (ii) fluorinated GHGs. occur in a stream in greater than trace of this section under paragraph (b)(4)(iv)(A) (iii) Controlled emissions using concentrations must be monitored under this or (B) of this section, whichever occurs first: § 98.123(b)(4). If you use § 98.123(b)(4) to paragraph. (A) 10-year revision. Repeat the emission estimate the mass of fluorine in destroyed or (i) The concentration (mass fraction) of characterization every 10 years. In the recaptured streams, and if the emissions from total fluorine in each stream that is fed into calculations under § 98.123, apply the the process vent are routed through a the destruction device. revised emission characterization to the destruction device, characterize the process (ii) The concentration (mass fraction) of process activity that occurs after the revision. vent’s emissions monthly (or more total fluorine in each stream that is (B) Operating scenario change that affects frequently) using the monthly (or more recaptured. the emission characterization. For planned frequent) measurements under paragraphs (4) Emissions characterization: process operating scenario changes, you must (b)(1)(iii) and (b)(2)(i) through (iii) of this vents emitting 25,000 metric tons CO2e or estimate and compare the emission section. Apply the destruction efficiency more. To characterize emissions from any calculation factors for the changed operating demonstrated for each fluorinated GHG in process vent emitting 25,000 metric tons scenario and for the original operating the destroyed stream to that fluorinated GHG. CO e or more, comply with paragraphs 2 scenario whose process vent specific Exclude from the characterization fluorine- (b)(4)(i) through (b)(4)(v) of this section, as emission factor was measured. Use the containing compounds that are not appropriate. Only fluorine-containing engineering calculations and assessments fluorinated GHGs. reactants, products, and by-products that specified in § 98.123(c)(4). If the share of total (6) Emissions characterization: Emissions occur in a stream in greater than trace fluorine-containing compound emissions concentrations must be monitored under this not accounted for by process vent estimates. represented by any fluorinated GHG changes paragraph. Calculate the weighted average emission (i) Uncontrolled emissions. If emissions under the changed operating scenario by 15 characterization across the process vents from the process vent are not routed through percent or more of the total, relative to the before any destruction devices. Apply the a destruction device, sample and analyze previous operating scenario (this includes the weighted average emission characterization emissions at the process vent or stack or cumulative change in the emission for all the process vents to any fluorine sample and analyze emitted streams before calculation factor since the last emissions emissions that are not accounted for by the process vent. If the process has more than test), you must repeat the emission process vent estimates. one operating scenario, you must either characterization. Perform the emission (7) Impurities in reactants. If any fluorine- perform the emission characterization for characterization before February 28 of the containing impurity is fed into a process each operating scenario or perform the year that immediately follows the change. In along with a reactant (or other input) in emission characterization for the operating the calculations under § 98.123, apply the greater than trace concentrations, this scenario that is expected to have the largest revised emission characterization to the impurity shall be monitored under this emissions and adjust the emission process activity that occurs after the section and included in the calculations characterization for other scenarios using operating scenario change. under § 98.123 in the same manner as engineering calculations and assessments as (v) Subsequent measurements. If a process reactants fed into the process, fed into the specified in § 98.123(c)(4). To perform the vent with fluorinated GHG emissions less destruction device, recaptured, or emitted, characterization, take three samples under than 25,000 metric tons CO2e, per except the concentration of the impurity in conditions that are representative for the § 98.123(c)(2), is later found to have the mass fed into the process shall be operating scenario. Measure the fluorinated GHG emissions of 25,000 metric measured, and the mass of the impurity fed concentration of each fluorine-containing tons CO2e or greater, you must perform an into the process shall be calculated as the compound in each sample. Use equipment emission characterization under this product of the concentration of the impurity and methods that comply with paragraph (e) paragraph during the following year. and the mass fed into the process. The mass of this section. Calculate the average (5) Emissions characterization: Process of the reactant fed into the process may be concentration of each fluorine-containing vents emitting less than 25,000 metric tons reduced to account for the mass of the compound across all three samples. CO2e. To characterize emissions from any impurity. (ii) Controlled emissions using process vent emitting less than 25,000 metric (8) Alternative to error calculation. As an § 98.123(b)(15). If you use § 98.123(b)(15) to tons CO2e, comply with paragraphs (b)(5)(i) alternative to calculating the relative and estimate the total mass of fluorine in through (iii) of this section, as appropriate. absolute errors associated with the estimate destroyed or recaptured streams, and if the Only fluorine-containing reactants, products, of emissions under § 98.123(b), you may emissions from the process vent are routed and by-products that occur in a stream in comply with the precision, accuracy, through a destruction device, characterize greater than trace concentrations must be measurement and calculation frequency, and emissions as specified in paragraph (b)(4)(i) monitored under this paragraph. fluorinated GHG throughput requirements of of this section before the destruction device. (i) Uncontrolled emissions. If emissions paragraph (b)(8)(i) through (iv) of this Apply the destruction efficiency from the process vent are not routed through section. demonstrated for each fluorinated GHG in a destruction device, emission measurements (i) Mass measurements. Measure the the destroyed stream to that fluorinated GHG. must consist of sampling and analysis of masses specified in paragraph (b)(1) of this Exclude from the characterization fluorine- emissions at the process vent or stack, section using flowmeters, weigh scales, or a containing compounds that are not sampling and analysis of emitted streams combination of volumetric and density fluorinated GHGs. before the process vent, previous test results, measurements with accuracies and

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precisions of ±0.2 percent of full scale or and the concentration measurements total throughput is the sum of the masses of better. specified in paragraph (b)(2) or (3) of this the fluorinated GHG reactants, products, and (ii) Concentration measurements. Measure section, as applicable, at least weekly, and by-products fed into and generated by the the concentrations specified in paragraph calculate emissions at least weekly. process. To convert these masses to CO2e, use (b)(2) or (3) of this section, as applicable, (iv) Fluorinated-GHG throughput limit. Equation A–1 of § 98.2. For fluorinated GHGs using analytical methods with accuracies and You may use the alternative to the error whose GWPs are not listed in Table A–1 to precisions of ±10 percent or better. calculation specified in paragraph (b)(8) of subpart A of this part, use a default GWP of 2,000. (iii) Measurement and calculation this section only if the total annual CO2- frequency. Perform the mass measurements equivalent fluorinated GHG throughput of [FR Doc. 2014–28444 Filed 12–10–14; 8:45 am] specified in paragraph (b)(1) of this section the process is 500,000 mtCO2e or less. The BILLING CODE 6560–50–P

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