Revisions and Confidentiality Determinations for Data Elements for the Greenhouse Gas Reporting Rule (Final Rule)

Forms and Documents

Document Name	Status
2773t02.xlsx Supplementary Document	2024-11-04
2773ss02.docx Supporting Statement A	2024-11-04

IC Document Collections

IC ID	Document Title	Status
260344	Annual Reporting	Modified

ICR Details

OMB Control No: 2060-0748	ICR Reference No: 202411-2060-002
Status: Received in OIRA	Previous ICR Reference No: 202305-2060-001
Agency/Subagency: EPA/OAR	Agency Tracking No: 2773.01
Title: Revisions and Confidentiality Determinations for Data Elements for the Greenhouse Gas Reporting Rule (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/04/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	20,483	0
Time Burden (Hours)	25,647	0
Cost Burden (Dollars)	2,733,937	0

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Abstract: In response to the FY2008 Consolidated Appropriations Act (H.R. 2764; Public Law 110-161) and under authority of the Clean Air Act (CAA), EPA finalized a greenhouse gas reporting rule in October of 2009 (henceforth referred to as the Greenhouse Gas Reporting Program or GHGRP) (74 FR 56260; October 30, 2009). The rule, which became effective on December 29, 2009, requires reporting of greenhouse gases (GHGs) from certain large facilities and suppliers. The GHGRP requires that sources emitting GHGs, supplying certain products that contain GHGs, or injecting carbon dioxide (CO2) underground in quantities above certain threshold levels of CO2 equivalent (CO2e) monitor and report GHG data and other relevant information. Subsequent rules have promulgated requirements for additional facilities, and suppliers; provided clarification and corrections to existing requirements; and finalized confidentiality business information (CBI) determinations, amended recordkeeping requirements, and implemented an alternative verification approach. This supporting statement addresses information collection activities that would be imposed by the final rule Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule. The final revisions consolidate amendments from the 2022 Data Quality Improvements Proposal and the 2023 Supplemental Proposal to amend specific provisions in the Greenhouse Gas Reporting Rule for the purposes of enhancing the quality of the data collected and clarifying elements of the rule. Specifically, the final revisions will more accurately reflect industry emissions through collection of additional data to understand new source categories or new emission sources for specific sectors, improving emissions calculation methodologies, and improving the accuracy of reported emissions by improving verification and eliminating data gaps. These final revisions are expected to result in an increase in respondent burden. See Section 4(b) and Table 1 of Attachment 1 for a complete list of final revisions to the reporting requirements. The EPA previously submitted ICRs on the proposed rules under OMB 2060-0629, ICR No. 2300.19 and OMB 2060-0748, ICR No. 2773.01. The EPA received a number of comments on the proposed revisions in both the 2022 Data Quality Improvements Proposal and the 2023 Supplemental Proposal. Following consideration of comments, the EPA has, in some cases, revised the final rule requirements, and in other cases, has decided to not take final action on proposed revisions. This ICR reflects the requirements of the final revisions.

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Authorizing Statute(s): US Code: 42 USC 7401 Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AU35	Final or interim final rulemaking	89 FR 31802	04/25/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Annual Reporting

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	20,483	0	0	20,483	0	0
Annual Time Burden (Hours)	25,647	0	0	25,647	0	0
Annual Cost Burden (Dollars)	2,733,937	0	0	2,733,937	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The final amendments will revise the applicability for certain sectors. These revisions would expand the number of respondents reporting to the GHGRP in certain industrial sectors. The final revisions to applicability result in an increase in burden for facilities in the affected sectors who were not previously required to report under the GHGRP. For new subparts, the requirements would require the collection of new data (approximately 75 new data elements that must be reported via e-GGRT or entered into IVT in e-GGRT), and would implement certain calculation, monitoring, and recordkeeping and reporting requirements for the affected facilities. The final revisions also include revisions that would streamline or improve calculation or monitoring methods; these revisions require additional labor burden for respondents to adjust their internal reporting methods and to review readily available data from facilities and conduct engineering calculations; for certain reporters, the revisions result in a reduction in O&M costs. The final amendments also revise the current recordkeeping and reporting under part 98 by requiring 122 new and revised data elements be reported via e-GGRT or entered into IVT in e-GGRT for 19 existing subparts. For each of the new and significantly revised data elements, respondents would be required to ascertain or calculate the data element using readily available data (data that are generally collected as part of a facilitys standard course of business, such a material consumption or production data) and submit the value via e-GGRT or enter the value into the EPAs IVT. The final costs have been adjusted from those proposed to remove costs where the EPA is not taking final action on specific proposed revisions to add subpart B (Energy Consumption), certain costs associated with proposed revisions to subpart W (Petroleum and Natural Gas Systems) included in the 2022 Data Quality Improvements Proposal, and costs associated with certain revisions to calculations, monitoring, or reporting requirements for subparts A (General Provisions), C (General Stationary Fuel Combustion), F (Aluminum Production), G (Ammonia Production), H (Cement Production), S (Lime Production), HH (Municipal Waste Landfills), OO (Suppliers of Industrial Greenhouse Gases), and QQ (Importers and Exporters of Fluorinated Greenhouse Gases Contained in Pre-Charged Equipment and Closed-Cell Foams). The burden of the final rule has also been adjusted to account for additional final reporting and recordkeeping requirements for subparts I (Electronics Manufacturing), P (Hydrogen Production), DD (Electrical Transmission and Distribution Equipment Use), and ZZ (Ceramics Manufacturing). The total increase in costs from all final revisions includes $5,418,494 in the first year, $5,405,019 in the second year, and $5,406,642 in the third year, or an average annual cost of $5,410,052. These costs include an annual average non-labor cost of $2,733,937. Overall, the final revisions would result in an increase in costs.

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Annual Cost to Federal Government: $24,960

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/04/2024

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