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 10/2014 (pdf) (51 pp, 632K)
• Fact Sheet
• Memorandum: List of 'Inputs to Equations' Data Elements Proposed Not To Be Reported

CBI Rulemaking Actions

Federal Register Date	Citation	Action	Description
12/09/2016	81 FR 89188	Final Rule	Revises 29 subparts to streamline implementation, improve data quality, provide flexibility, and clarify the rule. Establishes confidentiality determinations for new or substantially revised data elements. Final action in response to a Petition for Reconsideration. Final Preamble and Rule 12/2016 (pdf)(87 pp, 801K) Response to Comments (12/2016) Final Rule Fact Sheet (12/2016) Memo: Table of Final 2015 Revisions to the Greenhouse Gas Reporting Rule Proposed Preamble and Rule (1/15/2016) (pdf)(91 pp, 890K)
11/30/2016	81 FR 86490	Final Rule	Revises subpart W (Petroleum and Natural Gas Systems) to add new monitoring methods consistent with the New Source Performance Standard for the oil and gas industry. Also finalizes emission factors for leaking equipment, and establishes confidentiality determinations for new or substantially revised data elements. Final Preamble and Rule 11/2016 (pdf)(30 pp, 393K) Response to Comments (11/2016) Final Rule Fact Sheet (11/2016) Proposed Preamble and Rule (1/29/2016) (pdf)(20 pp, 352K)
10/22/2015	80 FR 64262	Final Rule	Amends subpart W (Petroleum and Natural Gas Systems) to establish first-time reporting requirements for onshore petroleum and natural gas gathering and boosting activities, onshore natural gas transmission pipelines, completions and workovers of oil wells with hydraulic fracturing, and well identification numbers. Establishes confidentiality determinations for new data elements. Final Preamble and Rule 10/2015 (pdf)(38 pp, 562K) Response to Comments (10/2015) Fact Sheet 10/2015 Final Rule Notice: Extension of Public Comment Period for 12/9/2014 Proposed Rule (pdf)(2 pp, 199K) Proposed Preamble and Rule (12/9/2014) (pdf)(136 pp, 529K)
12/11/2014	79 FR 73750	Final Rule	Adds chemical-specific and default global warming potentials (GWPs) for fluorinated greenhouse gases (F-GHGs) and fluorinated heat transfer fluids (F-HTFs) to the general provisions of the Greenhouse Gas Reporting Rule, makes conforming changes to subpart I (Electronics Manufacturing) and subpart L (Fluorinated Gas Production), amends certain provisions of subpart L, and establishes confidentiality determinations for certain reporting requirements of subpart L. Correction Notice 12/2014 (pdf)(1 p, 230K) Final Preamble and Rule 12/2014 (pdf)(48 pp, 796K) Response to Comments (12/2014) Fact Sheet 12/2014 Final Rule Proposed Preamble and Rule (1/10/2012) (pdf)(19 pp, 222K) Notice: Extension of Public Comment Period for 11/19/2013 Proposed Rule (pdf)(2 pp, 203K)  Proposed Preamble and Rule (9/11/2013) (pdf)(31 pp, 550K) Proposed Rule (11/19/2013) (pdf)(24 pp, 400K) Proposed Preamble and Rule (7/31/2014) (pdf)(21 pp, 370K) Notice of Data Availability (pdf)(6 pp, 251K)
11/25/2014	79 FR 70352	Final Rule	Amends subpart W (Petroleum and Natural Gas Systems) and subpart A (General Provisions) to revise certain calculation methods, monitoring and data reporting requirements, and terms and definitions. Establishes confidentiality determinations for new or substantially revised data elements. Final Preamble and Rule 11/2014 (pdf)(75 pp, 1MB) Response to Comments (11/2014) Fact Sheet 11/2014 Final Rule Proposed Preamble and Rule (3/10/2014) (pdf)(68 pp, 937K)
10/24/2014	79 FR 63750	Final Rule	Amends reporting and recordkeeping requirements and establishes an alternative electronic verification approach for 23 subparts to address concerns regarding public disclosure of business sensitive information while maintaining EPA’s ability to verify emissions and ensure compliance. Final Preamble and Rule 10/2014 (pdf)(51 pp, 633K) Response to Comments (10/2014) Fact Sheet 10/2014 Final Rule Proposed Preamble and Rule (9/11/2013) (pdf)(31 pp, 550K) Memorandum: List of ‘Inputs to Equations’ Data Elements Not To Be Reported
06/09/2014	79 FR 32948	Notice	This notice describes the EPA’s intent to publish aggregated versions of certain data collected under the Greenhouse Gas Reporting Program, including totals, averages, and other aggregated versions of data submitted by individual reporters. The data that EPA intends to aggregate were determined in previous rulemakings to be confidential business information in their original, non-aggregated form. This notice describes the criteria EPA plans to use to determine whether confidential data are sufficiently aggregated such that publishing them would provide useful information while protecting the data that are entitled to confidentiality. In a memorandum to the docket for this notice, EPA also provides a list of data elements identified for possible future publication in aggregated form if they meet the final version of these criteria. Notice: Extension of Public Comment Period (pdf)(2 pp, 200K) Notice 6/2014 (pdf)(6 pp, 225K) Memo: Publication of Aggregated Greenhouse Gas Data
11/29/2013	78 FR 71904	Final Rule	Updates global warming potentials (GWPs) to reflect IPCC AR4 values, and amends 27 subparts to improve and clarify reporting requirements. Establishes confidentiality determinations for new and revised data elements. Final Preamble and Rule 11/29/2013 (pdf)(79 pp, 935K) Correction Notice 11/2013 (pdf)(2 pp, 248K) Response to Comments (11/29/2013) Fact Sheet 11/29/2013 Final Rule Memo: Table of Final 2013 Revisions to the Greenhouse Gas Reporting Rule Proposed Preamble and Rule (4/2/2013) (pdf)(77 pp, 909K)
11/13/2013	78 FR 68162	Final Rule	Amends the calculation and monitoring methodologies for subpart I (Electronics Manufacturing). Makes harmonizing changes to subpart A (General Provisions). Establishes confidentiality determinations for new and revised data elements. Final Preamble and Rule 11/13/2013 (pdf)(78 pp, 2MB) Response to Comments (11/13/2013) Fact Sheet 11/13/2013 Final Rule Notice; extension of public comment period (PDF)(2 pp, 201K) Proposed Preamble and Rule (10/16/2012) (pdf)(65 pp, 794K) More Information (11/2013)
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 10/2012 (pdf)(3 pp, 204K)
08/24/2012	77 FR 51477	Final Rule	Revises subparts A (General Provisions), I (Electronics Manufacturing), L (Fluorinated Gas Production), W (Petroleum and Natural Gas Systems), and TT (Industrial Waste Landfills) to correct errors and improve clarity and flexibility. Final Preamble and Rule 8/24/2012 (pdf)(19 pp, 462K) Response to Comments (8/24/2012) Fact Sheet 8/24/2012 Final Rule Proposed Preamble and Rule (5/21/2012) (pdf)(19 pp, 420K) More Information (8/2012)
08/13/2012	77 FR 48072	Final Rule	Establishes confidentiality determinations for most data elements to be reported under subparts I, W, DD, FF, II, QQ, RR, SS, TT, and UU; defers the deadline for reporting certain recently added data elements that are inputs to emission equations in subparts W, FF, and TT; finalizes amendments to subpart I to remove the requirement for a facility using Best Available Monitoring Methods (BAMM) to recalculate the previous reporting years’ emissions and resubmit to EPA. Final Preamble and Rule 8/13/2012 (pdf)(88 pp, 287K) Response to Comments (8/13/2012) Fact Sheet 8/13/2012 Final Rule Proposed Preamble and Rule (1/10/2012) (pdf)(19 pp, 230K) Proposed Preamble and Rule (2/22/2012) (pdf)(17 pp, 212K) Notice: Extension of Comment Period for 2/24/2012 Proposed Rule (pdf)(1 pg, 193K) Proposed Preamble and Rule (2/24/2012) (pdf)(23 pp, 261K)
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 4/2012 (pdf)(4 pp, 210K)
12/17/2012	N/A	Memorandum	Memorandum: Summary of Evaluation of Inputs to Emission Equations Data Elements Deferred Until 2013
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 10/2011 (pdf)(24 pp, 91K)
08/25/2011	76 FR 53057	Final Rule	Defers reporting of some data elements that are inputs to emissions equations until 03/31/2013 and others until 03/31/2015. Final Preamble and Rule 8/2011 (pdf)(15 pp, 235K) Response to Comments (8/2011) Proposed Preamble and Rule (10/27/2010) (pdf)(15 pp, 247K) Call for Information (pdf)(5 pp, 202K)
08/23/2011	76 FR 52659	Notice	Access by EPA Contractors to Confidential Business Information (CBI) Related to the Greenhouse Gas Reporting Program Notice 8/2011 (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. Final Preamble and Rule 5/2011 (pdf)(37 pp, 330K) Proposed Preamble and Rule (7/7/2010) (pdf)(40 pp, 366K) Correction Notice 5/2011 (pdf)(6 pp, 167K) Response to Comments (5/2011) Proposed Preamble and Rule (7/27/2010) (pdf)(4 pp, 164K) Fact Sheet 5/2011 Final Rule Memo: Final Data Category Assignments and Confidentiality Determinations for Part 98 Reporting Elements More Information (5/2011)
12/27/2010	75 FR 81338	Interim Final Rule	Defers the 2010 reporting deadline for direct emitters with certain data elements to August 31, 2011. [This action is moot because the reporting date for year 2010 emissions was subsequently extended to 9/30/2011.] Interim Final Rule (PDF)*(11 pp, 232K) *EPA did not solicit comments for this notice and no response to comment document was prepared.