Confidential Business Information for GHG Reporting

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 determines which data will be protected as confidential business information (CBI) through rulemakings and other actions. Any data submitted under the GHGRP that is classified as CBI will be protected under the provisions of 40 CFR part 2, subpart B.

Summary Confidentiality Determinations:

• Direct Emitters CBI Table as of February 8, 2018
• Suppliers CBI Table as of August 28, 2020

CBI Data Aggregation

On June 9, 2014, EPA issued a Federal Register notice (PDF) (6 pp, 224K) announcing its intent to publish aggregated forms of certain reported data. The notice included criteria that EPA would use to confirm that particular aggregations shield the underlying CBI from public disclosure.

Any data aggregation that EPA undertakes will not alter any reporting requirements or the rights of reporting entities under EPA's CBI regulations at 40 CFR part 2 subpart B.

Criteria for Aggregating GHGRP Data

• 1a. The data used to calculate the aggregated value must be reported by at least four separate facilities or suppliers that have no common ownership or operator;
• 2a. No single owner or operator of individual or multiple facilities can contribute more than x percent to a particular aggregated value. (EPA will not disclose the value of x.)
• 3a. No two owners or operators of individual or multiple facilities can contribute more than y percent to a particular aggregated value. (EPA will not disclose the value of y.)
• 4a. No underlying CBI for a facility or supplier can be back-calculated or otherwise determined using the aggregated value in combination with other publicly available data, including any facility-, supplier-, regional-, or national-level data published by the GHGRP or any other data likely to be available to owners, operators, or the public.

Electronic Verification Approach for certain data elements (Inputs Verification Tool)

On October 24, 2014, EPA published amendments to reporting and recordkeeping requirements that included an alternative electronic verification approach for certain reporters. These changes address concerns that public disclosure of certain data elements that are inputs to the equations used to calculate emissions would reveal business sensitive information. Where disclosure concerns were identified, EPA is requiring that in lieu of reporting these inputs, facilities must enter the inputs into an electronic inputs verification tool (IVT), and will be subject to enhanced recordkeeping and reporting requirements. These inputs will be used to conduct verification checks at the time of report submission but will not be collected by EPA. This approach will maintain EPA's ability to verify emissions and ensure compliance with the program.

For more information:

• Preamble and Rule (PDF) (51 pp, 632K)
• Fact Sheet
• Memorandum: List of 'Inputs to Equations' Data Elements Proposed Not To Be Reported

CBI Rulemaking Actions