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 (pdf) (3.74 MB)  as of February 8, 2018
• Suppliers CBI Table (pdf) (629.53 KB)  as of August 28, 2020

CBI Data Aggregation

On June 9, 2014, EPA issued a Federal Register notice (pdf) (6 pp, 224 KB) 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, 632 KB)
• Fact Sheet: Revisions to Reporting and Recordkeeping Requirements and Final Confidentiality Determinations under the Greenhouse Gas Reporting Program (pdf) (40.52 KB, Sep 2014)
• Memorandum: Final Data Elements Deferred to March 31, 2015, List of ‘Inputs to Equations’ Data Elements Not To Be Reported (pdf) (560.53 KB, Sep 2014)

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, 801 KB) Response to Comments (12/2016) Fact Sheet: 2015 Revisions and Confidentiality Determinations (pdf) (209.54 KB, Nov 2016) Memo: Table of Final 2015 Revisions to the Greenhouse Gas Reporting Rule Proposed Preamble and Rule (1/15/2016) (pdf) (91 pp, 890 KB)
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, 393 KB) Response to Comments (11/2016) Fact Sheet: GHGRP Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems (pdf) (54.42 KB, Nov 2016) Proposed Preamble and Rule (1/29/2016) (pdf) (20 pp, 352 KB)
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, 562 KB) Response to Comments (10/2015) Fact Sheet: 2015 Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems (pdf) (39.2 KB, Nov 2014) Notice: Extension of Public Comment Period for 12/9/2014 Proposed Rule (pdf)(2 pp, 199 KB) Proposed Preamble and Rule (12/9/2014) (pdf) (136 pp, 529 KB)
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, 230 KB) Final Preamble and Rule 12/2014 (pdf) (48 pp, 796 KB) Response to Comments (12/2014) Fact Sheet: Addition of Global Warming Potentials to the General Provisions and Amendments and Confidentiality Determinations for Fluorinated Gas Production (pdf) (44.97 KB, Nov 2014) Proposed Preamble and Rule (1/10/2012) (pdf) (19 pp, 222 KB) Notice: Extension of Public Comment Period for 11/19/2013 Proposed Rule (pdf) (2 pp, 203 KB)  Proposed Preamble and Rule (9/11/2013) (pdf) (31 pp, 550 KB) Proposed Rule (11/19/2013) (pdf) (24 pp, 400 KB) Proposed Preamble and Rule (7/31/2014) (pdf) (21 pp, 370 KB) Notice of Data Availability (pdf) (6 pp, 251 KB)
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, 633 KB) Response to Comments (10/2014) Fact Sheet: Revisions to Reporting and Recordkeeping Requirements and Final Confidentiality Determinations under the Greenhouse Gas Reporting Program (pdf) (40.52 KB, Sep 2014) Proposed Preamble and Rule (9/11/2013) (pdf) (31 pp, 550 KB) Memorandum: Final Data Elements Deferred to March 31, 2015, List of ‘Inputs to Equations’ Data Elements Not To Be Reported (pdf) (560.53 KB, Sep 2014)
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, 200 KB) Notice 06/2014 (pdf) (6 pp, 225 KB) CBI Aggregation Memo 06/09/14 (pdf) (158.95 KB)
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, 935 KB) Correction Notice 11/2013 (pdf)( 2 pp, 248 KB) Response to Comments (11/29/2013) Fact Sheet: 2013 Revisions and Confidentiality Determinations (pdf) (37.58 KB, Nov 2013) Memorandum: Table of Final 2013 Revisions to the Greenhouse Gas Reporting Rule (pdf) (1.02 MB, Sept 2013) Proposed Preamble and Rule (04/02/2013) (pdf) (77 pp, 909 KB)
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: Final Amendments and Confidentiality Determinations for Subpart I (pdf) (49.19 KB, Aug 2013) Notice; extension of public comment period (pdf) (2 pp, 201 KB) Proposed Preamble and Rule (10/16/2012) (pdf) (65 pp, 794 KB) 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, 204 KB)
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 08/24/2012 (pdf) (19 pp, 462 KB) Response to Comments (08/24/2012) Fact Sheet: 2012 Technical Corrections, Clarifying and Other Amendments, and Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category (pdf) (42 KB, Aug 2012) Proposed Preamble and Rule (05/21/2012) (pdf) (19 pp, 420 KB) More Information (08/2012)
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 08/13/2012 (pdf) (88 pp, 287 KB) Response to Comments (08/13/2012) Fact Sheet: Final Confidentiality Determinations for Nine Subparts and Amendments to Subparts A and I under the Mandatory Reporting of Greenhouse Gases Rule (pdf) (44.15 KB, Aug 2012) Proposed Preamble and Rule (01/10/2012) (pdf) (19 pp, 230 KB) Proposed Preamble and Rule (2/22/2012) (pdf) (17 pp, 212 KB) Notice: Extension of Comment Period for 2/24/2012 Proposed Rule (pdf) (1 pg, 193 KB) Proposed Preamble and Rule (2/24/2012) (pdf) (23 pp, 261 KB)
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 04/2012 (pdf) (4 pp, 210 KB)
12/17/2012	N/A	Memorandum	2013 Inputs Memo (pdf) (297.29 KB)
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, 91 KB)
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 08/2011 (pdf) (15 pp, 235 KB) Response to Comments (08/2011) Proposed Preamble and Rule (10/27/2010) (pdf) (15 pp, 247 KB) Call for Information (pdf) (5 pp, 202 KB)
08/23/2011	76 FR 52659	Notice	Access by EPA Contractors to Confidential Business Information (CBI) Related to the Greenhouse Gas Reporting Program Notice 08/2011 (pdf) (4 pp, 192 KB)
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 05/2011 (pdf) (37 pp, 330 KB) Proposed Preamble and Rule (07/07/2010) (pdf) (40 pp, 366 KB) Correction Notice 05/2011 (pdf) (6 pp, 167 KB) Response to Comments (05/2011) Proposed Preamble and Rule (07/27/2010) (pdf) (4 pp, 164 KB) Fact Sheet: Final Confidentiality Determinations for Data Collected Under the Greenhouse Gas Reporting Program and Amendments to Special Rules Governing Certain Information Obtained Under the Clean Air Act (pdf) (43.28 KB, May 2011) Final Data Category Assignments and Confidentiality Determinations for Part 98 Reporting Elements (pdf) (1.76 MB) CBI Powerpoint Presentation (pdf) (95.58 KB)
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, 232 KB) *EPA did not solicit comments for this notice and no response to comment document was prepared.