Greenhouse Gas Reporting Program
Confidential Business Information
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Overview
Data collected under the Greenhouse Gas Reporting Program must be available to the public unless the data qualify for confidential treatment under the Clean Air Act. EPA typically makes confidentiality determinations under the Clean Air Act on a case-by-case basis. Due to the large numbers of entities reporting under the Greenhouse Gas Reporting Program and the large number of data reporting elements, EPA concluded that case-by-case determinations would not result in a timely release of non-confidential data. EPA is determining through a series of rulemaking actions which categories of data elements will protected as confidential business information (CBI). Any data submitted under the Reporting Program that is classified as CBI will be protected under the provisions of 40 CFR part 2, Subpart B.
According to Clean Air Act section 114(c), “emission data” cannot be classified as CBI. EPA has proposed that inputs to Reporting Program emissions equations meet the definition of “emission data” and cannot be protected as CBI. EPA has received public comments that raise concerns about the public availability of some data that are used as inputs to emissions equations (e.g. raw materials used, production volume). EPA has deferred the reporting requirements for inputs to emission equations until 2013 for some data and 2015 for others to allow EPA to fully evaluate issues regarding the release of these data.
Latest Developments
December 17, 2012
EPA has evaluated (PDF) (34 pp, 297K) inputs whose reporting deadline was deferred until 2013 following the process that was outlined in the final inputs deferral rule[1], and does not plan to take further action regarding the 2013 inputs. Therefore, inputs to equations whose reporting was deferred until 2013 must be reported to EPA by April 1, 2013[2], for reporting years 2010, 2011, and 2012 as applicable[3]. The 2013 inputs will be reported as part of the RY 2012 reporting process.
More info (PDF) » 3 pp, 48K)
[1] 76 FR 53057 published 8/25/11, p.53061
[2] Because March 31, 2013 falls on a weekend, the deadline is moved to the next business day which is April 1, 2013.
[3] Facilities should have this information for prior years because inputs to equations are required to be kept as recordkeeping (see 40 CFR Part 98.3).
On August 2, 2012 EPA Administrator Lisa Jackson signed confidentiality determinations for most data elements to be reported under nine subparts of the Greenhouse Gas Reporting Program [I (Electronics Manufacturing), W (Petroleum and Natural Gas Systems), DD (Electrical Transmission and Distribution Equipment Use), II (Industrial Wastewater Treatment), QQ (Importers and Exporters of Fluorinated Greenhouse Gases Contained in Pre-charged Equipment or Closed-cell Foams), RR (Geologic Sequestration of Carbon Dioxide), SS (Electrical Equipment Manufacture or Refurbishment), TT (Industrial Waste Landfills), and UU (Injection of Carbon Dioxide)]. This action also defers the deadline for reporting certain recently added data elements that are inputs to emission equations in three subparts (W-Petroleum and Natural Gas Systems, FF-Underground Coal Mines; TT-Industrial Waste Landfills), and finalizes amendments to subpart I (Electronics Manufacturing) to remove the requirement for a facility to recalculate the previous reporting years’ emissions and resubmit them to EPA where the use of best available monitoring methods (BAMM) is allowed.
CBI Rulemaking Actions
| Federal Register Date | Citation | Action | Description |
|---|---|---|---|
| 11/20/2012 |
77 FR 69585 |
Notice | Announces an extension of the public comment period for subpart I (Electronics Manufacturing) until January 16, 2013 and that additional documentation on the proposed amendments and confidentiality determinations for subpart I is available in the docket. Notice; extension of public comment period (PDF) (2 pp, 201K) |
| 10/26/2012 | 77 FR 65377 | Notice | Announces EPA’s plan to authorize contractors named in the notice to access information submitted under the GHGRP that may be designated or claimed as confidential business information. EPA is accepting comments until November 5. Notice (PDF) (3 pp, 204K) |
| 10/16/12 | 77 FR 63538 | Proposed Rule | Proposes amending calculation and monitoring methodologies for Subpart I, Electronics Manufacturing. Also proposes confidentiality determinations for reporting of the new and revised data elements under the proposed amendments to subpart I. Many of these proposed actions are in response to a petition to reconsider specific aspects of subpart I. Preamble and Rule (PDF) (65 pp, 794K) Subpart I Amendments Fact Sheet (PDF) (2 pp, 45K) |
| 08/24/12 | 77 FR 51477 | Final Rule | Finalizes confidentiality determinations for new data elements in subpart L, and defers reporting of one element in subpart L. Preamble and Rule (PDF) (19 pp, 462K) |
| 08/13/2012 |
77 FR 48072 | Final Rule | Finalizes confidentiality determinations for most data elements to be reported under nine subparts; defers the deadline for reporting certain recently added data elements that are inputs to emission equations in three subparts; finalizes amendments to Electronics Manufacturing (subpart I) to remove the requirement for a facility to recalculate the previous reporting years emissions and resubmit them to EPA where use BAMM is allowed. Preamble and Rule (PDF) (18 pp, 311K) Fact Sheet: Final Confidentiality Determinations for Nine Subparts and Amendments to Subparts A and I (PDF) (3 pp, 44K) Memorandum: Final Data Category Assignments and Confidentiality Determinations (PDF) (31 pp, 518K) |
| 04/13/2012 | 77 FR 22312 | Notice | Announces EPA’s plan to authorize contractors named in the notice to access information submitted under the GHGRP that may be designated or claimed as confidential business information. EPA is accepting comments until April 30, 2012. Notice (PDF) (4 pg, 210K) |
| 03/19/2012 | 77 FR 15990 | Extension of Public Comment Period | Extends the public comment period for the proposed rule regarding proposed confidentiality determinations for certain data elements reported under subpart W. Announcement (PDF) (1 pg, 193K) |
| 02/24/2012 | 77 FR 11039 | Proposed Rule | Determines which data elements reported under subpart W would be considered confidential business information (CBI); also defers deadline for reporting some inputs to emissions equations until 2015. Preamble and Rule (PDF) (23 pp, 261K) Fact Sheet: Proposed Confidentiality Determinations for Subpart W (PDF) (2 pp, 46K) Memorandum A: Proposed Data Category Assignments for Subpart W (PDF) (32 pp, 494K) Memorandum B: Proposed Changes to Subpart W Inputs (PDF) (7 pp, 93K) |
| 02/22/2012 | 77 FR 10434 | Proposed Rule | Re-proposes confidentiality determinations for the data elements in subpart I and proposes amendments to subpart I regarding calculation and reporting of emissions from facilities using BAMM. Preamble and Rule (PDF) (17 pp, 212K) |
| 01/10/2012 | 77 FR 1434 | Proposed Rule | Proposes confidentiality determinations for 8 subparts (L, DD, II, QQ, RR, SS, TT, UU) and amendments to Table A-6 in subpart A Preamble and Rule (PDF) (19 pp, 230K) Fact Sheet (PDF) (2 pp, 99K) Memorandum: Proposed data category assignments and CBI determinations (PDF) (22 pp, 556K) |
| 10/17/2011 | 76 FR 64010 | Direct Final Rule | Special rules governing certain information obtained under the Clean Air Act: Technical Correction Preamble and Rule (PDF) (24 pp, 91K) |
| 08/25/2011 | 76 FR 53057 | Final Rule | Finalizes the deferral of reporting data elements that are inputs to emissions equations until March 2013 for some data elements and March 2015 for other data elements. Preamble and Rule (PDF) (15 pp, 235K) CBI Deferral Fact Sheet (PDF) (3 pp, 46K) CBI Deferral Frequently Asked Questions (2 pp, 34K) Process for Evaluating and Potentially Amending Part 98 Inputs to Emission Equations (PDF) (6 pp, 145K) CBI Deferral Response to Comments (PDF) (322 pp, 1.5M) |
| 08/23/2011 | 76 FR 52659 | Notice | Access by EPA Contractors to Confidential Business Information (CBI) Related to the Greenhouse Gas Reporting Program Notice (PDF) (4 pp, 192K) |
| 05/26/2011 | 76 FR 30782 | Final Rule | Finalizes confidentiality determinations for 34 subparts for data elements that are not inputs to emissions equations. Finalizes amendments to 40 CFR 2 governing CBI obtained under 40 CFR 98. Preamble and Rule (PDF) (37 pp, 330K) Final Data Category Assignments and Confidentiality Determinations for Part 98 Reporting Elements (PDF) (90 pp, 1.8M) Fact sheet (PDF) (4 pp, 43K) PowerPoint presentation (PDF) (14 pp, 96K) Response to Comments (PDF) (350 pp, 1.5M) |
| 12/27/2010 | 75 FR 81366 | Call for Information | Requests additional information and public comment regarding potential harm to businesses by public release of inputs to emission equations. Call for Information (PDF) (4 pp, 139K) |
| 12/27/2010 | 75 FR 81350 | Proposed Rule | Proposes to defer the reporting of data elements that are inputs to emission equations for three years. Preamble and Rule (PDF) (14 pp, 183K) Fact Sheet (PDF) (4 pp, 63K) PowerPoint presentation (PDF) (12 pp, 240K) |
| 12/27/2010 | 75 FR 81338 | Interim Final Rule | Defers until 08/31/2010 the reporting of data elements that are inputs to emissions equations. [This action is now moot because the reporting date for year 2010 emissions has been extended to 9-30/2011.] Interim Final Rule (PDF) (10 pp, 169K) |
| 12/27/2010 | 75 FR 43889 | Proposed Rule | Supplements the 07/07/2010 proposal by proposing confidentiality determinations for data elements that were added or revised by other rule revisions. Preamble and Rule (PDF) (4 pp, 159K) Data Category Assignments for Revised 98 Reporting Elements (PDF) (53 pp, 1.2M) |
| 07/07/2010 | 75 FR 39094 | Proposed Rule | Proposes determinations of the confidentiality status of data for all Part 98 subparts. Proposes amendments to 40 CFR 2 governing CBI obtained under 40 CFR 98. Preamble and Rule (PDF) (39 pp, 302K) Data Category Assignments for Part 98 Reporting Elements (PDF) (130 pp, 1.3M) |