Proposed Rule: Air Quality Implementation Plans: Preparation, Adoption, Submittal&#8212 Air Emissions Reporting Requirements

Federal Register / Vol. 71, No.
1 / Tuesday, January 3, 2006 / Proposed Rules 69
subject matter of each of the and each designated dependent claim, amendments would consolidate, reduce,
independent claims and designated applicant will be notified and given a and simplify the current requirements;
dependent claims; one-month time period within which to add limited new requirements; and
(3) For each reference cited, an file a corrected or supplemental provide additional flexibility to States
identification of all the limitations of examination support document to avoid in the way they collect and report
the independent claims and designated abandonment. This one-month period is emissions data. The proposed
dependent claims that are disclosed by not extendable under § 1.136(a). amendments would also accelerate the
the reference; 7. Section 1.704 is amended by reporting of emissions data to EPA by
(4) A detailed explanation of how redesignating paragraph (c)(11) as State and local agencies. The EPA
each of the independent claims and (c)(12) and adding new paragraph intends to issue final amendments
designated dependent claims are (c)(11) to read as follows: during 2006.
patentable over the references cited with DATES: Comments must be received on
the particularity required by § 1.111(b) § 1.704 Reduction of period of adjustment
of patent term. or before May 3, 2006. Under the
and (c); Paperwork Reduction Act, comments on
(5) A concise statement of the utility * * * * *
(c) * * * the information collection provisions
of the invention as defined in each of
(11) Failure to file an examination must be received by OMB on or before
the independent claims; and
(6) A showing of where each support document in compliance with February 2, 2006.
limitation of the independent claims § 1.261 when necessary under § 1.75(b), The EPA will hold a public hearing
and the designated dependent claims in which case the period of adjustment on today’s proposal only if requested by
finds support under the first paragraph set forth in § 1.703 shall be reduced by February 2, 2006.
of 35 U.S.C. 112 in the written the number of days, if any, beginning on ADDRESSES: Submit your comments,
description of the specification. If the the day after the date that is the later of identified by Docket ID No. OAR–2004–
application claims the benefit of one or the filing date of the amendment 0489, by one of the following methods:
more applications under title 35, United necessitating an examination support • http://www.regulations.gov. Follow
States Code, the showing must also document under § 1.261, or four months the on-line instructions for submitting
include where each limitation of the from the filing date of the application in comments.
independent claims and the designated an application under 35 U.S.C. 111(a) or • E-mail: a-and-r-docket@epa.gov.
dependent claims finds support under from the date on which the national • Fax: (202) 566–1741.
the first paragraph of 35 U.S.C. 112 in stage commenced under 35 U.S.C. • Mail: Air Emissions Reporting
each such application in which such 371(b) or (f) in an application which Requirements Rule, Docket No. OAR–
support exists. entered the national stage from an 2004–0489, Environmental Protection
(b) The preexamination search international application after Agency, Mailcode: 6102T, 1200
referred to in paragraph (a)(1) of this compliance with 35 U.S.C. 371, and Pennsylvania Ave., NW., Washington,
section must involve U.S. patents and ending on the date that either an DC 20460. In addition, please mail a
patent application publications, foreign examination support document in copy of your comments on the
patent documents, and non-patent compliance with § 1.261, or an information collection provisions to the
literature, unless the applicant can amendment or suggested restriction Office of Information and Regulatory
justify with reasonable certainty that no requirement and election Affairs, Office of Management and
references more pertinent than those (§ 1.75(b)(3)(iii)) that obviates the need Budget (OMB), Attn: Desk Officer for
already identified are likely to be found for an examination support document EPA, 725 17th St., NW., Washington, DC
in the eliminated source and includes under § 1.261, was filed; 20503.
such a justification with the statement • Hand Delivery: EPA Docket Center,
* * * * *
required by paragraph (a)(1) of this 1301 Constitution Avenue, NW., Room
section. The preexamination search Dated: December 19, 2005. B102, Washington, DC. Such deliveries
referred to in paragraph (a)(1) of this Jon W. Dudas, are only accepted during the Docket’s
section must be directed to the claimed Under Secretary of Commerce for Intellectual normal hours of operation, and special
invention and encompass all of the Property and Director of the United States arrangements should be made for
features of the independent claims and Patent and Trademark Office. deliveries of boxed information.
must cover all of the features of the [FR Doc. 05–24529 Filed 12–30–05; 8:45 am] Instructions: Direct your comments to
designated dependent claims separately BILLING CODE 3510–16–P Docket ID No. OAR–2004–0489. The
from the claim or claims from which the EPA’s policy is that all comments
dependent claim depends, giving the received will be included in the public
claims the broadest reasonable ENVIRONMENTAL PROTECTION docket without change and may be
interpretation. The preexamination AGENCY made available online at
search referred to in paragraph (a)(1) of www.regulations.gov, including any
this section must also encompass the 40 CFR Part 51 personal information provided, unless
disclosed features that may be claimed. [OAR–2004–0489; FRL–8016–8] the comment includes information
(c) If an examination support claimed to be Confidential Business
document is required, but the RIN 2060–AN20 Information (CBI) or other information
examination support document or pre- whose disclosure is restricted by statute.
examination search is deemed to be Air Emissions Reporting Requirements Do not submit information that you
insufficient, an explanation of the AGENCY: Environmental Protection consider to be CBI or otherwise
invention or how the independent and Agency (EPA). protected through regulations.gov, or e-
designated dependent claims define the mail. The www.regulations.gov website
bjneal on PROD1PC70 with RULES
ACTION: Proposed rule; amendments.

invention is deemed necessary, or the is ‘‘anonymous access’’ systems, which
claims have been amended such that the SUMMARY: Today’s action proposes means EPA will not know your identity
examination support document no changes to EPA’s emission inventory or contact information unless you
longer covers each independent claim reporting requirements. The proposed provide it in the body of your comment.
VerDate Aug<31>2005 14:44 Dec 30, 2005 Jkt 208001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\03JAP1.SGM 03JAP1
70 Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Proposed Rules
If you send an e-mail comment directly the SUPPLEMENTARY INFORMATION section FOR FURTHER INFORMATION CONTACT: For
to EPA without going through of this preamble. general questions concerning today’s
www.regulations.gov your e-mail Docket: All documents in the docket action, please contact Bill Kuykendal,
address will be automatically captured are listed in the www.regulations.gov U.S. EPA, Office of Air Quality Planning
and included as part of the comment index or in hard copy at the Air and Standards, Emissions Monitoring
that is placed in the public docket and Emissions Reporting Requirements and Analysis Division, Mail Code D205–
made available on the Internet. If you Rule, Docket No. OAR–2004–0489, 01, Research Triangle Park, NC, 27711,
submit an electronic comment, EPA EPA/DC, EPA West, Room B102, 1301 telephone (919) 541–5372, e-mail at
recommends that you include your Constitution Ave., NW., Washington,
kuykendal.bill@epa.gov. For legal
name and other contact information in DC. The Public Reading Room is open
questions, please contact Thomas
the body of your comment and with any from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal Swegle, U.S. EPA, Office of General
disk or CD-ROM you submit. If EPA
cannot read your comment due to holidays. The telephone number for the Counsel, Mail Code 2344A, 1200
technical difficulties and cannot contact Public Reading Room is (202) 566–1744, Pennsylvania Avenue, NW.,
you for clarification, EPA may not be and the telephone number for the Air Washington, DC 20460, telephone (202)
able to consider your comment. Emissions Reporting Requirements 564–5546, e-mail at
Electronic files should avoid the use of Rule, Docket No. OAR–2004–0489 is swegle.thomas@epa.gov.
special characters, any form of (202) 566–1742. Although listed in the
SUPPLEMENTARY INFORMATION:
encryption, and be free of any defects or index, some information is not publicly
viruses. For additional information available, i.e., CBI or other information I. General Information
about EPA’s public docket visit the EPA whose disclosure is restricted by statute.
Docket Center homepage at http:// Certain other material, such as A. Does This Action Apply To Me?
www.epa.gov/epahome/dockets.htm. copyrighted material, is not placed on Categories and entities potentially
For additional instructions on the Internet and will be publicly regulated by this action include:
submitting comments, go to unit I.B of available only in hard copy form.
NAIC
Category Examples of regulated entities
code1
State/local/tribal govern- 92411 State, territorial, and local government air quality management programs. Tribal governments are not af-
ment. fected.
1 North American Industry Classification System.
This table is not intended to be e-mail. Clearly mark the part or all of questions or organize comments by
exhaustive, but rather provides a guide the information that you claim to be referencing a Code of Federal
for readers regarding entities likely to be CBI. For CBI information in a disk or CD Regulations (CFR) part or section
regulated by this action. This action ROM that you mail to EPA, mark the number.
proposes to have States report their outside of the disk or CD ROM as CBI iii. Explain why you agree or disagree;
emissions to us. It is possible that some and then identify electronically within suggest alternatives and substitute
States will require facilities within their the disk or CD ROM the specific language for your requested changes.
jurisdictions to report emissions to the information that is claimed as CBI. In iv. Describe any assumptions and
States. To determine whether your addition to one complete version of the provide any technical information and/
facility would be regulated by this comment that includes information or data that you used.
action, you should examine the claimed as CBI, a copy of the comment v. If you estimate potential costs or
applicability criteria in 40 CFR 51.1 of that does not contain the information burdens, explain how you arrived at
the proposed amendments. If you have claimed as CBI must be submitted for your estimate in sufficient detail to
any questions regarding the inclusion in the public docket. allow it to be reproduced.
applicability of this action to a Information so marked will not be vi. Provide specific examples to
particular entity, consult the person disclosed except in accordance with illustrate your concerns, and suggest
listed in the preceding FOR FURTHER procedures set forth in 40 CFR part 2. alternatives.
INFORMATION CONTACT section. Send or deliver information identified vii. Explain your views as clearly as
as CBI only to the following address: possible, avoiding the use of profanity
B. What Should I Consider As I Prepare
Roberto Morales, U.S. EPA, Office of Air or personal threats.
My Comments for EPA?
Quality Planning and Standards, Mail viii. Make sure to submit your
1. Expedited Review. To expedite Code C404–02, Research Triangle Park, comments by the comment period
review of your comments by Agency NC 27711, telephone (919) 541–0880, e- deadline identified.
staff, you are encouraged to send a mail at morales.roberto@epa.gov,
separate copy of your comments, in C. Where Can I Get a Copy of This
Attention Docket ID No. OAR–2004–
addition to the copy you submit to the Document and Other Related
0489.
official docket, to Bill Kuykendal, U.S. Information?
3. Tips for preparing your comments.
EPA, Office of Air Quality Planning and When submitting comments, remember In addition to being available in the
Standards, Emissions Monitoring and to: docket, an electronic copy of today’s
Analysis Division, Mail Code D205–01, i. Identify the rulemaking by docket proposed amendments is also available
Research Triangle Park, NC 27711, number and other identifying on the Worldwide Web (WWW) through
telephone (919) 541–5372, e-mail information (subject heading, Federal the Technology Transfer Network
kuykendal.bill@epa.gov. Register date and page number). (TTN). Following the Administrator’s
2. Submitting CBI. Do not submit CBI ii. Follow directions—The agency signature, a copy of the proposed
to EPA through www.regulations.gov or may ask you to respond to specific amendments will be placed on the TTN
Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Proposed Rules 71
at http://www.epa.gov/ttn/chief. The particulate matter (PM) less than or submit SIP revisions providing for
TTN provides information and equal to 2.5 micrometers (PM2.5) nitrogen oxides (NOX) reductions to
technology exchange in various areas of transport problems are being mitigated reduce their adverse impact on
air pollution control. If more as required by the CAIR. To this end, downwind ozone nonattainment areas.
information regarding the TTN is EPA has promulgated limited new (See 63 FR 57356, October 27, 1998). As
needed, call the TTN HELP line at (919) emissions reporting requirements for part of that rule, codified in 40 CFR
541–5384. A copy of the proposed States under the CAIR. However, in the 51.122, EPA established emissions
amendments and fact sheet will also be CAIR, we explained that there are reporting requirements to be included in
posted at http://www.epa.gov/ additional reporting requirements that the SIP revisions required under that
interstateairquality. we believe are important and did not action.
finalize under the CAIR. We are Another set of emissions reporting
D. Will There Be a Public Hearing? proposing these requirements in today’s requirements, termed the Consolidated
The EPA will hold a public hearing action. The proposed amendments Emissions Reporting Rule (CERR), was
on today’s proposal only if requested by would also remove or simplify some promulgated by EPA in 2002, and is
February 2, 2006. The request for a current emissions reporting codified at 40 CFR part 51, subpart A.
public hearing should be made in requirements which we believe are not (See 67 FR 39602, June 10, 2002). These
writing and addressed to Bill Kuykendal necessary or appropriate, for reasons requirements replaced the requirements
at U.S. EPA, Office of Air Quality explained below. previously contained in subpart Q,
Planning and Standards, Emissions Because we are proposing to expanding their geographic and
Monitoring and Analysis Division, Mail consolidate and harmonize the new pollutant coverages while simplifying
Code D205–01, Research Triangle Park, emissions reporting requirements them in other ways.
NC 27711. The hearing, if requested, proposed today with two pre-existing The principal statutory authority for
will be held on a date and at a place sets of emissions reporting the emissions inventory reporting
published in a separate Federal Register requirements, we review in today’s requirements outlined in this preamble
notice. action the purpose, authority, and is found in CAA section 110(a)(2)(F),
history of emissions reporting which provides that SIPs must require
E. How Is This Document Organized? requirements in general. ‘‘as may be prescribed by the
The information presented in this Emissions inventories are critical for Administrator * * * (ii) periodic
preamble is organized as follows: the efforts of State, local, and Federal reports on the nature and amounts of
I. General Information agencies to attain and maintain the emissions and emissions-related data
II. Background national ambient air quality standards from such sources.’’ Section 301(a) of
A. Existing Emissions Reporting (NAAQS) that EPA has established for the CAA provides authority for EPA to
Requirements criteria pollutants such as ozone, PM,
promulgate regulations under this
B. Proposed Emissions Reporting and carbon monoxide (CO). Pursuant to
Requirements provision.1
its authority under sections 110 and 172
III. Statutory and Executive Order Reviews of the CAA, EPA has long required State A. Existing Emissions Reporting
A. Executive Order 12866: Regulatory implementation plans (SIPs) to provide Requirements
Planning and Review
B. Paperwork Reduction Act
for the submission by States to EPA of At present, the emissions reporting
C. Regulatory Flexibility Act emissions inventories containing requirements applicable to States are
D. Unfunded Mandates Reform Act information regarding the emissions of contained in two different locations:
E. Executive Order 13132: Federalism criteria pollutants and their precursors subpart A of 40 CFR part 51 (the CERR)
F. Executive Order 13175: Consultation (e.g., volatile organic compounds
and 40 CFR 51.122 in subpart G (the
and Coordination with Indian Tribal (VOC)). The EPA codified these
Governments NOX SIP Call reporting requirements).
requirements in subpart Q of 40 CFR
G. Executive Order 13045: Protection of This proposed action would consolidate
part 51 in 1979 and amended them in
Children from Environmental Health and these sections, with modifications as
1987.
Safety Risks The 1990 Amendments to the CAA described below. The proposed
H. Executive Order 13211: Actions that modifications are intended to achieve
Significantly Affect Energy Supply, revised many of the provisions of the
CAA related to the attainment of the the additional reporting needed to verify
Distribution, or Use the reductions required by the CAIR;
I. National Technology Transfer NAAQS and the protection of visibility
in Class I areas. These revisions harmonize, reduce, and simplify the
Advancement Act
established new periodic emissions emissions reporting requirements; and
II. Background inventory requirements applicable to make emissions reporting requirements
In today’s action, the Air Emissions certain areas that were designated easier.
Reporting Requirements (AERR) rule, nonattainment for certain pollutants. Under the NOX SIP Call requirements
EPA is proposing to amend the emission For example, section 182(a)(3)(A) in 40 CFR 51.122, emissions of NOX for
inventory reporting requirements in 40 required States to submit an emissions a defined 5-month ozone season (May 1
CFR part 51, subpart A and in 40 CFR inventory every 3 years for ozone through September 30) from sources
51.122. In a related action to today’s nonattainment areas beginning in 1993. that the State has subjected to emissions
proposed amendments, EPA has Similarly, section 187(a)(5) required control to comply with the requirements
promulgated the Clean Air Interstate States to submit an inventory every 3 of the NOX SIP Call are required to be
Rule (CAIR). The EPA believes that it is years for CO nonattainment areas. The 1 Other CAA provisions relevant to these
essential that achievement of the EPA, however, did not immediately proposed amendments include section 172(c)(3)
emissions reductions required by the codify these statutory requirements in (provides that SIPs for nonattainment areas must
CAIR be verified on a regular basis. the CFR, but simply relied on the include comprehensive, current inventory of actual
Emissions reporting is the principal statutory language to implement them. emissions, including periodic revisions); section
182(a)(3)(A) (emissions inventories from ozone
mechanism to verify these reductions In 1998, EPA promulgated the NOX nonattainment areas); and section 187(a)(5)
and to assure the downwind affected SIP Call which requires the affected (emissions inventories from CO nonattainment
States and EPA that the ozone and States and the District of Columbia to areas).
reported by the affected States to EPA reported by all States for the entire year, Taken together, the existing emissions
every year. However, emissions of for a typical day in winter, and a typical reporting requirements under the NOX
sources reporting directly to EPA as part day in summer, but not for the 5-month SIP Call, CERR and CAIR are already
of the NOX trading program are not ozone season as is required by the NOX rather comprehensive in terms of the
required to be reported by the State to SIP Call. Finally, the CERR and the NOX States covered and the information
EPA every year. The affected States are SIP Call differ in what non-emissions required. Therefore, the practical impact
also required to report ozone season data elements must be reported. of the changes proposed today is to
emissions and typical summer day The final CAIR included three impose several new requirements and to
emissions of NOX from all sources every changes to the above described pre- accelerate the overall calendar for
third year (2002, 2005, etc.) and in 2007. existing emissions reporting emission reporting.
This triennial reporting process does not requirements. These requirements are as In all States, we are proposing to
have an exemption for sources follows: expand the definition of what sources
participating in the emissions trading 1. The new States that are subject to must be reported in point source format,
programs. Section 51.122 requires that a the CAIR requirements, but were not so that fewer sources would be included
number of data elements be reported in subject to the NOX SIP Call in nonpoint source emissions.2 We are
addition to ozone season NOX requirements, are required to report proposing to base the requirement for
emissions. These data elements describe their NOX emissions for the 5-month point source format reporting on
some of the source’s specific physical (May 1–September 30) ozone season on whether the source is a major source
and operational parameters. a triennial basis beginning in 2008. under 40 CFR part 70 for the pollutants
Emissions reporting under the NOX 2. The States that are subject to the for which reporting is required, i.e., for
SIP Call as first promulgated was CAIR for reasons of PM2.5, must report CO, VOC, NOX, sulfur dioxide (SO2),
required starting for the emissions to EPA a set of specified data elements PM2.5, PM10, and ammonia but without
reporting year 2002, the year prior to the for all sources each year—regardless of regard to emissions of hazardous air
start of the required emissions size—subject to new controls adopted pollutants. Currently, the requirement
reductions. The reports are due to EPA specifically to meet the CAIR for point source reporting is based on
on December 31 of the calendar year requirements related to PM2.5, unless the thresholds of actual emissions in the
following the inventory year. For sources participate in an EPA- year of the inventory report. While it
example, emissions from all sources and has always been an option for States to
administered emissions trading
types in the 2002 ozone season were include all such sources, and we know
program.
required to be reported on December 31,
3. The requirement of the NOX SIP that some States already do, this change
2003. However, because the Court
Call for a special all-sources report by may require more sources to be reported
which heard challenges to the NOX SIP
affected States for the year 2007, due as point sources every 3rd year. Affected
Call delayed the implementation by one
December 31, 2008, was eliminated. States will continue to report their
year to 2004, no State was required to
actual emissions. The new approach
start reporting until the 2003 inventory B. Proposed Emissions Reporting would make it possible to better track
year. In addition, EPA recently Requirements changes in source emissions,
promulgated a rule to subject Georgia
Today’s action proposes to further shutdowns, and startups over time.
and Missouri to the NOX SIP Call with
consolidate the detailed requirements Because States have an existing list of
an implementation date of 2007. (See 69
FR 21604, April 21, 2004.) For these for emissions reporting by States sources based on 40 CFR part 70
States, emissions reporting begins with entirely into subpart A. The proposed requirements, this approach would
2006. The emissions reporting amendments would also harmonize the result in a more stable universe of
requirements under the NOX SIP Call reporting requirements and reduce and reporting point sources, which in turn
affect the District of Columbia and 20 simplify them in several ways. The would facilitate elimination of overlaps
States. major changes included in the proposed and gaps in estimating point source
As noted above, the other set of amendments are described below. emissions, as compared to nonpoint
emissions reporting requirements is Amendments are proposed to subpart source emissions. Under this proposal,
codified at subpart A of part 51. A, which contains 40 CFR 51.1 through States would know well in advance of
Although entitled the CERR, this rule 51.50, with conforming amendments to the start of the inventory year which
left in place the separate 40 CFR 51.122 40 CFR 51.122. The proposed sources would need to be reported. We
for the NOX SIP Call reporting. The amendments would also add new tables are proposing that these new
CERR requirements were aimed at to subpart A of part 51. requirements begin with the 2008
obtaining emissions information to • In 40 CFR 51.122, we propose to inventory year, the report for which
support a broader set of purposes under abolish certain requirements entirely would be due to EPA by December 31,
the CAA than were the reporting and to replace certain requirements with 2009.
requirements under the NOX SIP Call. a cross reference to subpart A so that
The CERR requirements apply to all detailed lists of required data elements 2 We use the term ‘‘nonpoint source’’ to refer to
States and include the reporting of all appear only in subpart A. As amended, a stationary source that is treated for inventory
purposes as part of an aggregated source category
criteria pollutants and criteria pollutant 40 CFR 51.122 would continue to rather than as an individual facility. In the existing
precursors. specify what pollutants, sources, and subpart A of part 51, such emissions sources are
Like the requirements under the NOX time periods the States subject to the referred to as ‘‘area sources.’’ However, the term
SIP Call, the CERR requires reporting of NOX SIP Call must report and when but ‘‘area source’’ is used in section 112 of the CAA to
indicate a non-major source of hazardous air
all sources at 3-year intervals (2002, would no longer list the detailed data pollutants, which could be a point source. As
2005, etc.). It requires reporting of elements required for those reports. emissions inventory activities increasingly
certain large sources every year. • The amended subpart A would list encompass both NAAQS-related pollutants and
However, the required reporting date the detailed data elements as well as hazardous air pollutants, the differing uses of ‘‘area
source’’ can cause confusion. Accordingly, EPA
under the CERR is 5 months later than provide information on submittal proposes to substitute the term ‘‘nonpoint source’’
under the NOX SIP Call reporting procedures, definitions, and other for the term ‘‘area source’’ in subpart A and in
requirements. Also, emissions must be generally applicable provisions. § 51.122 to avoid confusion.
We received a number of comments The EPA solicited comments on a 12 months for point sources and from 12
on this provision regarding point source similar provision in the CAIR to 17 months for all other sources.
format reporting when it was made in supplemental proposal. Here, the EPA
3. Reporting Biogenic Emissions
the CAIR supplemental proposal. The proposed to harmonize the dates for
majority of comments supported both the NOX SIP Call and the CERR at We are proposing to remove a
changing the definition of a point source 17 months but asked for comments on requirement in the existing CERR for
for reporting purposes to that in 40 CFR a 12 month due date. Several comments reporting annual and typical ozone
part 70. Some comments in opposition were received, all favoring harmonizing season day biogenic emissions. Biogenic
to the supplemental proposal appear to the report due date at 17 months. emissions are estimated by a computer
have been based on the impression that Nonetheless, EPA believes that model using meteorological and land
EPA was proposing reporting of shortening the reporting cycle to 12 use/land cover data as inputs. Because
potential rather than actual emissions, months is possible and desirable. EPA’s EPA can develop these data inputs
which was not the case. While the status ultimate goal is to complete the NEI directly without having them reported
as a major source depends on potential within 12 months of the end of a by State, local and Tribal agencies, we
to emit, a State must report actual calendar year. This is consistent with believe the requirement for reporting
emissions. recommendations made by external biogenic emissions serves no useful
In addition to the new requirements, groups (e.g., NARSTO’s Improving purpose. This change does not affect our
several proposed changes would alter Emission Inventories for Effective Air expectation that biogenic emissions be
existing reporting requirements on Quality Management Across North appropriately considered in ozone and
States or provide them with additional America http://www.cgenv.com/Narsto/ PM2.5 attainment demonstrations.
options. These proposed changes are EmissionInventory.html). Meeting this We received a number of comments
summarized in units II.B.1 through goal will require a reporting due date on this provision when it was made in
II.B.9 of this preamble. the CAIR supplemental proposal. All of
even early than 12 months. However,
the comments were in favor of
1. Harmonizing Report Due Dates since the current reporting due date for
eliminating the biogenic emissions
the NEI is 17 months, a phased
The NOX SIP Call rule required the reporting requirement. The EPA is
approach with a due date of 12 months
affected States to submit emissions reproposing this change to allow for the
for the 2008 NEI and earlier due dates
inventory reports for a given ozone maximum opportunity for public
in subsequent cycles is appropriate.
season to EPA by December 31 of the comment.
EPA is confident that States can meet
following year. The CERR requires
report due dates of 12 months or earlier. 4. Reporting Emission Model Inputs
similar but not identical reports from all
To demonstrate this, EPA is currently We are proposing a new provision
States by the following June 1, five
months later. The EPA believes that working with 10 State and local which would allow States the option of
harmonizing these dates would be agencies on the Rapid Inventory providing emissions inventory
efficient for both States and EPA. We are Development Pilot. Under this pilot estimation model inputs in lieu of
proposing to move the June 1, reporting project EPA has received 2004 emission actual emissions estimates, for source
requirement to the previous December estimates from half of the participating categories for which prior to the
31. The first reports due under this State and local agencies by the end of submission deadline EPA develops or
proposal would be for the year 2008 to October 2005 (10 months after the end adopts suitable emissions inventory
be reported by December 31, 2009. We of the year being inventoried). EPA will estimation models and by guidance
are soliciting comment on an alternative issue a report on the results of this pilot defines their necessary inputs. This
of requiring that point sources be study. provision would allow source reporting
reported on December 31 and other 2. Accelerating Report Due Dates to take advantage of new emissions
sources on June 1. This approach would estimation tools for greater efficiency,
eliminate the problem of States having The EPA believes that the public is although the States would continue to
to make two submissions for point best served by making environmental be required to provide inputs
sources within a 5-month period and information available as soon as representative of their conditions. If
would result in a more timely possible. Therefore, we are proposing States choose to use this option, EPA
submission of the emissions information that the reporting schedule be further will run the emissions model(s) to
for point sources. A more timely accelerated for the triennial year 2011 calculate emissions and will enter the
submission would be particularly useful and all following years by requiring that emissions data into the appropriate data
for point sources because point sources point sources be reported within 6 base. We propose that this option would
generally are the primary subject of months from the end of the calendar be available starting with the reports on
control measures in SIPs. The later June year, i.e., by June 30 of the following 2005 emissions. Furthermore, we invite
1 submission date for nonpoint sources year. Reporting on all other sources comment on whether States should be
and mobile sources would allow more would be required within 12 months, required to provide model inputs for
time for estimating these emissions i.e., by December 31 of the following source categories for which they have
sources, which in some cases may year. There is precedent for requiring utilized a widely available emissions
require vehicle miles traveled or reporting of point source emissions data model, to improve the transparency of
business activity data that are not within 6 months. Beginning with the the emission estimates themselves and
available in time for a December 31 year 1979, States were required, under the overall utility of the submissions in
submission. In addition, estimating subpart Q, to report point source meeting the objectives of the emissions
emissions of some types of nonpoint emissions data within 6 months. reporting requirements. For example,
sources requires prior knowledge of Moreover, we believe that modern web- such inputs would better allow EPA to
emissions and activity levels at point based source reporting systems will be project future emissions.
sources of the same industrial type; able to greatly shorten the time it takes We received several comments on this
therefore, it may make sense to stagger States to get emissions reports from provision in the CAIR supplemental
the submission deadlines for the sources. We invite comment on proposal. Most of the comments were in
different sources. alternative reporting schedules from 6 to favor of allowing the option of reporting
model inputs in lieu of the estimated to allow for the maximum opportunity reporting requirements. The EPA is
emissions from the models. However, for public comment. reproposing this change to allow for the
most of the commenters did not want maximum opportunity for public
7. New Data Elements
the reporting of model inputs to become comment.
a reporting requirement. Therefore, EPA We are proposing to add several The emission type is a code
is reproposing this change to create a required data elements to the existing describing the temporal period of
State option and inviting comment on rule. These are contact name, contact emissions reported (e.g., annually, daily,
making submission of inputs a phone number, emission release point etc.). It is needed to ensure that
requirement to allow for the maximum type, control status, emission type, and emissions estimates are used properly.
opportunity for public comment. method accuracy description (MAD) The method accuracy (MAD) codes
codes. are codes that provide information
5. Reporting Summer Day Emissions The contact name and phone number about geographic coordinates including
We are proposing to retain the are for the lead contact in the the collection method, accuracy, and
requirement for reporting of summer organization submitting the data and are other descriptors. We are proposing
day emissions from all sources (except needed to ensure that EPA knows who adding the MAD codes to this rule
biogenic sources) at 3-year intervals, but to contact if issues arise with a data because EPA’s Latitude/Longitude Data
to restrict it to only States with ozone submission. Standard 4 requires their collection
The emission release point type is a when latitude and longitude are
nonattainment areas or States covered
code for the physical configuration of collected. The MAD codes are
by the NOX SIP Call or CAIR. The NOX
the emission release point (e.g., vertical horizontal collection method code,
SIP Call requires the reporting of only
stack, fugitive, etc.). It is needed to horizontal accuracy measure, horizontal
NOX emissions for a typical summer
correctly model how emissions are reference datum code, reference point
day, while the CERR requires the
released into the atmosphere. code, source map scale number, and
reporting of all criteria pollutants. We The control status is a code that
propose to restrict the summer day coordinate data source code. The EPA
represents whether emissions reported
emissions reporting requirement to VOC believes that many States will be able to
are controlled or uncontrolled. It is
and NOX emissions, but we invite report these codes based on existing
needed to correctly project future
comment on whether CO emissions information. However, in the event that
emissions and to correctly evaluate the
should be required also. the information needed to report these
impact of emission control programs.
We received several comments on this codes is not available, States will not be
While data elements related to control
provision when it was made in the CAIR required to do additional work since
equipment are already required, they are
supplemental proposal. Two of the there is a code ‘‘don’t know.’’
not adequate since some control
comments supported retaining the approaches do not involve physical 8. Identification of New Emissions
requirement that summer day emissions equipment, for example low solvent Related Data Requirements
be reported as required by the CERR. coatings. We also invite comment on We invite comment on whether or not
Two of the comments supported EPA’s whether with this addition the current additional emissions related data should
proposed revision to the CERR data elements that describe emissions be required. Commenters may choose to
requirement. One State commented that control equipment type and efficiency discuss how the reporting of new or
EPA should not require statewide are adequate. We believe it is important currently required data may improve the
reporting of summer day emissions, for States to report on the manner in accuracy, consistency and reliability of
unless it could be demonstrated that which sources are currently controlled emissions inventories. If new emissions
these emissions contributed to so that opportunities for developing related data requirements are identified
nonattainment within the State or in control strategies and regulatory by commenters, then EPA may choose
other States. The EPA is reproposing development can be assessed, but the
to issue a supplemental proposal for
this change to allow for the maximum existing data elements may not be
these proposed amendments detailing
opportunity for public comment. adequate and appropriate for that
specific requirements. The EPA urges
6. Reporting Winter Work Week Day purpose. The present data elements
commenters who wish to suggest other
related to control measures are primary
Emissions data elements to comment to that effect
control efficiency, secondary control
early in the 120-day comment period, so
We are proposing to delete the efficiency, control device type, and rule
that EPA has the option of issuing the
existing requirement that all States effectiveness for point sources; and total
supplemental proposal while the 120-
report emissions for a winter work week capture/control efficiency, rule
day comment period is still open.
day. This requirement was originally effectiveness, and rule penetration for
aimed at tracking progress towards nonpoint sources and nonroad mobile 9. Revisions to Specific Data Elements
attainment of the CO NAAQS. We sources.3 The NOX SIP Call rule and the CERR
believe applying this requirement to all We received a few comments on this contain detailed lists of required data
States is no longer warranted given that provision when it was made in the CAIR elements in addition to emissions, and
CO violations are currently observed in supplemental proposal. One commenter each rule has its own set of definitions.
few areas. We believe we can work said that current data elements were not The two sets of data elements overlap
directly with the few remaining affected adequate to fully characterize control but are not identical. The NOX SIP Call
States to monitor efforts to attain the CO efficiencies but did not suggest any rule requires a few more data elements
NAAQS without requiring formal specific changes. Other commenters to be reported and defines some data
submission of CO inventories. were concerned about reporting burden
We received several comments on this and opposed the addition of any further 4 Environmental Data Registry: Latitude/
provision in the CAIR supplemental Longitude Standard. 2000. U.S. Environmental

3 Additional information on emissions data Protection Agency. December 11, 2000. http://
proposal. All of the comments were in
elements and the formats and valid codes presently oasspub.epa.gov/edr/edr_proc_qry.navigate?P_
favor of eliminating the requirement to in use for State reporting to EPA is available on the LIST_OPTION_CD=CSDIS&P_
report emissions for a winter work week EPA Web site http://www.epa.gov/ttn/chief/nif/ REG_AUTH_IDENTIFIER=1&P_
day. The EPA is reproposing this change index.html. DATA_IDENTIFIER=19939&P_VERSION=1.
elements differently than the CERR. The We received several comments on this (2) create a serious inconsistency or
EPA has reviewed both lists in light of provision when it was made in the CAIR otherwise interfere with an action taken
more recent experiences and insight supplemental proposal. In general, the or planned by another agency;
into the difficulty States face in comments favored the elimination of (3) materially alter the budgetary
collecting and submitting these data one of these as a required data element. impact of entitlements, grants, user fees,
elements and their utility to EPA, other The EPA is reproposing this change to or loan programs or the rights and
States, and other users. We are allow for the maximum opportunity for obligations of recipients thereof; or
proposing to combine the separate lists public comment. (4) raise novel legal or policy issues
of required elements into a single new Finally, we propose to modify 40 CFR arising out of legal mandates, the
list of required data elements. A few 51.35 to provide that if States obtain President’s priorities, or the principles
data elements from the NOX SIP Call are one-third of their necessary emissions set forth in the Executive Order.
proposed to be eliminated. The NOX SIP estimates from point sources and/or Under the terms of Executive Order
Call data elements that we are proposing prepare one-third of their nonpoint or 12866, it has been determined that this
to eliminate are: ‘‘Area Designation,’’ mobile source emissions estimates each regulatory action is a ‘‘significant
‘‘Federal ID code (plant),’’ ‘‘Federal ID year on a rolling basis, they should regulatory action’’ because it raises
code (point),’’ ‘‘Federal ID code submit their data as a single package on novel legal or policy issues. As such,
(process),’’ ‘‘Federal ID code (stack the required every 3rd year submission this action was submitted to OMB for
number),’’ ‘‘Maximum design rate,’’ date. The current requirement allows Executive Order 12866 review. Changes
‘‘Work weekday emissions,’’ States to report these partial emissions made in response to OMB suggestions or
‘‘Secondary control efficiency,’’ ‘‘Source estimates annually as they are recommendations will be documented
of fuel heat content data,’’ ‘‘Source of completed. Our proposal requires that in the public record.
activity/throughput data,’’ ‘‘Source of States accumulate all three years of B. Paperwork Reduction Act
emission factor’’ and ‘‘Source of work and then make a single data
The information collection
emissions data.’’ We propose that these submission by the due date for the
requirements in the proposed
relatively minor changes become trienniel emission inventory year.
amendments have been submitted for
applicable starting with the first We received two comments on this
approval to the OMB under the
required emissions reports following the provision when it was made in the CAIR
Paperwork Reduction Act, 44 U.S.C.
promulgation of the final amendments. supplemental proposal. The comments
3501 et seq. The information collection
There are a number of data elements indicated that additional information is
request (ICR) document prepared by
required in the proposed amendments needed to better understand why EPA
EPA has been assigned EPA ICR number
on which we invite comment as to believes that this change is beneficial.
2170.01.
whether they should be dropped in the The EPA believes that a single
The information collection
final amendments. These are heat submission would allow States to
requirements in the proposed
content (fuel), ash content (fuel), sulfur correct and/or update data prior to
amendments are based on the existing
content (fuel) for fuels other than coal, submitting it to EPA thereby facilitating
Emission Inventory Reporting
activity/throughput, hours per day in a more consistant data set. A single
Requirements in 40 CFR part 51,
operation, days per week in operation, submission would also make it more
subparts A and G. In general, these
weeks per year in operation, and start efficient for EPA to quality assure the
provisions require each State to compile
time in the day. These data elements complete data set rather than doing it on
a statewide inventory of emissions of
have been carried forward from a piecemeal basis. There would also be
certain criteria pollutants at least every
emissions reporting systems dating back increased efficiencies in resolving any
3 years for all point, nonpoint, and
many years. We believe it is appropriate identified discrepancies with the States.
mobile sources. The information
to take comment on their current Therefore, EPA is reproposing this
collection requirements for the existing
usefulness and sufficiency. change to allow for the maximum
inventory reporting requirements have
We received several comments in opportunity for public comment.
been approved by OMB under control
response to this invitation for comments III. Statutory and Executive Order number 2060–0088.
when it was made in the CAIR Reviews The information collection
supplemental proposal. In general, the requirements in the proposed
comments opposed eliminating these as A. Executive Order 12866: Regulatory amendments are mandatory for all
required data elements. Therefore, EPA Planning and Review States and territories (excluding tribal
is reproposing this change to allow for Under Executive Order 12866 (58 FR governments). These requirements are
the maximum opportunity for public 51735, October 4, 1993), we must authorized by section 110(a) of the CAA.
comment. determine whether the regulatory action The reported emissions data are used by
At present, States are required to is ‘‘significant’’ and therefore subject to EPA to develop and evaluate State,
report three particular data elements for review by the Office of Management and regional, and national control strategies;
point source stacks: Stack diameter, exit Budget (OMB) and to the requirements to assess and analyze trends in criteria
gas velocity, and exit gas flow rate. This of the Executive Order. The Executive pollutant emissions; to identify
is a redundant requirement since any Order defines a ‘‘significant regulatory emission and control technology
one of these can be calculated from the action’’ as one that is likely to result in research priorities; and to assess the
other two. We invite comment on which a rule that may: impact of new or modified sources
if any of these data elements to drop (1) Have an annual effect on the within a geographic area. The emission
from the required list. Our preference economy of $100 million or more or inventory data are also used by States to
would be to collect the data element adversely affect in a material way the develop, evaluate, and revise their SIP.
that is most closely tied to an actual economy, a sector of the economy, The proposed amendments would
operating measurement. Alternatively, productivity, competition, jobs, the add new reporting requirements and
we may allow States to report either exit environment, public health or safety, or would combine these new requirements
gas flow or exit gas velocity, at their State, local, or tribal governments or with existing requirements from the
option. communities; CAIR, CERR, NOX SIP Call, and the
Acid Rain Program. Each of these four to EPA and OMB. See the ADDRESSES D. Unfunded Mandates Reform Act
existing rules has an approved ICR. The section at the beginning of this notice Title II of the Unfunded Mandates
current ICRs are: For the CAIR, ICR No. for where to submit comments to EPA. Reform Act of 1995 (UMRA), Public
2152.01; for the CERR, ICR No. 0916.10; Send comments to OMB at the Office of Law 104–4, establishes requirements for
for the NOX SIP Call, ICR No. 1857; and Information and Regulatory Affairs, Federal agencies to assess the effects of
for the Acid Rain Program, ICR No. Office of Management and Budget, 725 their regulatory actions on State, local,
1633.13. 17th Street, NW., Washington, DC and Tribal governments and the private
The proposed changes would reduce 20503, Attention: Desk Office for EPA. sector. Under section 202 of the UMRA,
the information collection burden for Since OMB is required to make a EPA generally must prepare a written
each of the 104 respondents by about 13 decision concerning the ICR between 30 statement, including a cost-benefit
labor hours per year from current levels. and 60 days after January 3, 2006, a analysis, for proposed and final rules
The annual average reporting burden for comment to OMB is best assured of with ‘‘Federal mandates’’ that may
this collection (averaged over the first 3 having its full effect if OMB receives it result in expenditures to State, local,
years of this ICR) is estimated to by February 2, 2006. The final and Tribal governments, in the
decrease by a total of 1,373 labor hours amendments will respond to any OMB aggregate, or to the private sector, of
per year with a decrease in costs of or public comments on the information $100 million or more in any 1 year.
$47,450. From the perspective of the collection requirements contained in Before promulgating an EPA rule for
sources reporting to the States, EPA this proposal. which a written statement is needed,
does not believe that there will be any
C. Regulatory Flexibility Act section 205 of the UMRA generally
change in reporting burden resulting
The Regulatory Flexibility Act requires EPA to identify and consider a
from AERR because the same universe
of sources will be required to report to generally requires an agency to prepare reasonable number of regulatory
the States. No capital/startup costs or a regulatory flexibility analysis of any alternatives and adopt the least costly,
operation and maintenance costs for rule subject to notice and comment most cost-effective or least burdensome
monitoring equipment are attributable rulemaking requirements under the alternative that achieves the objectives
to the proposed amendments. The only Administrative Procedure Act or any of the rule. The provisions of section
costs associated with the proposed other statute unless the agency certifies 205 do not apply when they are
amendments are labor hours associated that the rule will not have a significant inconsistent with applicable law.
with collection, management, and economic impact on a substantial Moreover, section 205 allows EPA to
reporting of the data through existing number of small entities. Small entities adopt an alternative other than the least
systems. include small businesses, small not-for- costly, most cost-effective or least
Burden means the total time, effort, or profit enterprises, and small burdensome alternative if the
financial resources expended by persons governmental jurisdictions. Administrator publishes with the final
to generate, maintain, retain, or disclose For the purposes of assessing the rule an explanation why that alternative
or provide information to or for a impacts of today’s proposed was not adopted. Before EPA establishes
Federal agency. This includes the time amendments on small entities, small any regulatory requirements that may
needed to review instructions; develop, entity is defined as: (1) A small business significantly or uniquely affect small
acquire, install, and utilize technology as defined by the Small Business governments, including Tribal
and systems for the purposes of Administration; (2) a government governments, it must have developed
collecting, validating, and verifying jurisdiction that is a government of a under section 203 of the UMRA a small
information, processing and city, county, town, school district or government agency plan. The plan must
maintaining information, and disclosing special district with a population of less provide for notifying potentially
and providing information; adjust the than 50,000; and (3) a small affected small governments, enabling
existing ways to comply with any organization that is any not-for-profit officials of affected small governments
previously applicable instructions and enterprise which is independently to have meaningful and timely input in
requirements; train personnel to be able owned and operated and that is not the development of EPA regulatory
to respond to a collection of dominant in its field. proposals with significant Federal
information; search data sources; After considering the economic intergovernmental mandates, and
complete and review the collection of impacts of today’s proposed informing, educating, and advising
information; and transmit or otherwise amendments on small entities, I certify small governments on compliance with
disclose the information. that this action will not have a the regulatory requirements.
An agency may not conduct or significant economic impact on a The EPA has determined that the
sponsor, and a person is not required to substantial number of small entities. proposed amendments do not contain a
respond to a collection of information This proposed rule will not impose any Federal mandate that may result in
unless it displays a currently valid OMB requirements on small entities. This expenditures of $100 million or more
control number. The OMB control action primarily impacts State and local for State, local, and Tribal governments,
numbers for EPA’s regulations in 40 agencies and does not regulate small in the aggregate, or the private sector in
CFR part 51 are listed in 40 CFR part 9. entities. The proposed amendments any 1 year. No significant costs are
To comment on the Agency’s need for would provide States with additional attributable to the proposed
this information, the accuracy of the flexibility in how they collect and report amendments; in fact, the proposed
provided burden estimates, and any emissions data. Rather than entering amendments are estimated to decrease
suggested methods for minimizing their emissions data directly, State and costs associated with emissions
respondent burden, including the use of local agencies may choose to report the inventory reporting. Thus, the proposed
automated collection techniques, EPA inputs to certain emissions models. We amendments are not subject to the
has established a public docket for the continue to be interested in the requirements of sections 202 and 205 of
proposed rule, which includes this ICR, potential impacts of the proposed rule the UMRA. In addition, the proposed
under Docket ID number OAR–2004– on small entities and welcome amendments do not significantly or
0489. Submit any comments related to comments on issues related to such uniquely affect small governments
the ICR for these proposed amendments impacts. because they contain no requirements
that apply to such governments or G. Executive Order 13045: Protection of List of Subjects in 40 CFR Part 51
impose obligations upon them. Children From Environmental Health Environmental Protection,
Therefore, the proposed amendments and Safety Risks Administrative practice and procedure,
are not subject to section 203 of the Executive Order 13045: (62 FR 19885, Air pollution control, Intergovernmental
UMRA. April 23, 1997) applies to any rule that: relations, Nitrogen oxides, Ozone,
E. Executive Order 13132: Federalism (1) Is determined to be ‘‘economically Particulate matter, Regional haze,
significant’’ as defined under Executive Reporting and recordkeeping
Executive Order 13132 (64 FR 43255, Order 12866, and (2) concerns an requirements, Sulfur dioxide.
August 10, 1999), requires EPA to environmental health or safety risk that Dated: December 22, 2005.
develop an accountable process to EPA has reason to believe may have a
Stephen L. Johnson,
ensure ‘‘meaningful and timely input by disproportionate effect on children. If
Administrator.
State and local officials in the the regulatory action meets both criteria,
the Agency must evaluate the For the reasons stated in the
development of regulatory policies that preamble, title 40, chapter I, part 51 of
have federalism implications.’’ ‘‘Policies environmental health or safety effects of
the planned rule on children, and the Code of Federal Regulations is
that have federalism implications’’ is proposed to be amended as follows:
defined in the Executive Order to explain why the planned regulation is
include regulations that have preferable to other potentially effective PART 51—[AMENDED]
‘‘substantial direct effects on the States, and reasonably feasible alternatives
considered by the Agency. 1. The authority citation for part 51
on the relationship between the national
The EPA interprets Executive Order continues to read as follows:
government and the States, or on the 13045 as applying only to those
distribution of power and Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
regulatory actions that are based on 7671q.
responsibilities among the various health or safety risks, such that the
levels of government.’’ analysis required under section 5–501 of Subpart A—[Amended]
The proposed amendments do not the Order has the potential to influence
have federalism implications. They the regulation. The proposed 2. Subpart A is revised to read as
would not have substantial direct effects amendments are not subject to follows:
on the States, on the relationship Executive Order 13045 because they are Subpart A—Air Emissions Reporting
between the national government and not based on health or safety risks. Requirements
the States, or on the distribution of H. Executive Order 13211: Actions That General Information For Inventory
power and responsibilities among the Significantly Affect Energy Supply, Preparers
various levels of government, as Distribution, or Use Sec.
specified in Executive Order 13132. 51.1 Who is responsible for actions
These proposed amendments are not described in this subpart?
F. Executive Order 13175: Consultation a ‘‘significant energy action’’ as defined 51.5 What tools are available to help
and Coordination With Indian Tribal in Executive Order 13211, (66 FR 28355, prepare and report emissions data?
Governments May 22, 2001) because they are not 51.10 How does my State report emissions
likely to have a significant adverse effect that are required by the NOX SIP Call
Executive Order 13175 (65 FR 67249, on the supply, distribution, or use of and the Clean Air Interstate Rule?
November 6, 2000), requires EPA to energy. Further, we believe that the Specific Reporting Requirements
develop an accountable process to proposed amendments are not likely to
ensure ‘‘meaningful and timely input by have any adverse energy effects. 51.15 What data does my State need to
tribal officials in the development of report to EPA?
regulatory policies that have tribal I. National Technology Transfer 51.20 What are the emission thresholds that
Advancement Act separate point and nonpoint sources?
implications.’’ ‘‘Policies that have tribal 51.25 What geographic area must my State’s
implications’’ is defined in the Section 112(d) of the National inventory cover?
Executive Order to include regulations Technology Transfer Advancement Act 51.30 When does my State report which
that have ‘‘substantial direct effects on of 1995 (NTTAA), Public Law 104–113; emissions data to EPA?
one or more Indian tribes, on the 15 U.S.C. 272 note) directs EPA to use 51.35 How can my State equalize the
relationship between the Federal voluntary consensus standards in its emissions inventory effort from year-to-
regulatory activities and procurement year?
government and the Indian tribes, or on
activities unless to do so would be 51.40 In what form and format should my
the distribution of power and State report the data to EPA?
responsibilities between the Federal inconsistent with applicable law or
otherwise impractical. Voluntary 51.45 Where should my State report the
government and Indian tribes.’’ data?
consensus standards are technical 51.50 What definitions apply to this
The proposed amendments do not standards (e.g., materials specifications,
have Tribal implications. They would subpart?
test methods, sampling procedures, and
not have substantial direct effects on business practices) that are developed or Tables to Subpart A of Part 51
Tribal governments, on the relationship adopted by one or more voluntary Table 1 to Subpart A of Part 51. Emission
between the Federal government and consensus standards bodies. The Thresholds by Pollutant (tpy1) for
Indian Tribes, or on the distribution of NTTAA requires EPA to provide Treatment of Point Sources as Type A
power and responsibilities between the Congress, through OMB, explanations Under 40 CFR 51.30
Federal government and Indian Tribes, when the Agency decides not to use Table 2a to Subpart A of Part 51. Data
as specified in Executive Order 13175. Elements For Reporting on Emissions from
available and applicable voluntary Point Sources, Where Required by 40 CFR
The Tribal Authority Rule means that consensus standards.
51.30
Tribes cannot be required to report their The proposed amendments do not Table 2b to Subpart A of Part 51. Data
emissions to us. Thus, Executive Order involve technical standards. Therefore, Elements For Reporting on Emissions from
13175 does not apply to the proposed EPA is not considering the use of any Nonpoint Sources and Nonroad Mobile
amendments. voluntary consensus standards. Sources, Where Required by 40 CFR 51.30
Table 2c to Subpart A of Part 51. Data (2) Required pollutants for every-year reported as point sources. All pollutants
Elements For Reporting on Emissions from reporting of annual (12-month) specified in § 51.15(a) of this section
Onroad Mobile Sources, Where Required emissions for sources controlled to meet must be reported for point sources, not
by 40 CFR 51.30 the requirements of § 51.123 of this part: just the pollutant(s) which qualify the
Subpart A—Air Emissions Reporting NOX. source as a point source.
Requirements General Information for (3) Required pollutants for every-year (c) If your State has lower emission
Inventory Preparers reporting of annual (12-month) reporting thresholds for point sources
emissions of sources controlled to meet than paragraph (b) of this section, then
§ 51.1 Who is responsible for actions the requirements of § 51.124 of this part: you may use these in reporting your
described in this subpart? SO2. emissions to EPA.
States must inventory emission (4) Required pollutants for all reports (d) All stationary sources that are not
sources located on non-tribal lands and of ozone season (5 months) emissions: subject to reporting as point sources
report this information to EPA. NOX. must be reported as nonpoint sources.
(5) Required pollutants for triennial This includes wild fires and prescribed
§ 51.5 What tools are available to help reports of summer day emissions: fires. Episodic wind-generated
prepare and report emissions data? (i) NOX. particulate matter (PM) emissions from
We urge your State to use estimation (ii) VOC. sources that are not major sources may
procedures described in documents (6) Required pollutants for every-year be excluded, for example dust lifted by
from the Emission Inventory reports of summer day emissions: NOX. high winds from natural or tilled soil.
Improvement Program (EIIP). These (7) A State may at its option include Emissions of nonpoint sources may be
procedures are standardized and ranked in its emissions inventory reports aggregated to the county level, but must
according to relative uncertainty for estimates of emissions for additional be separated and identified by source
each emission estimating technique. pollutants such as other pollutants classification code (SCC). Nonpoint
Using this guidance will enable others listed in paragraph (a)(1) of this section source categories or emission events
to use your State’s data and evaluate its or hazardous air pollutants. reasonably estimated by the State to
quality and consistency with other data. (b) Sources. Emissions should be represent a de minimis percentage of
reported from the following sources in total county and State emissions of a
§ 51.10 How does my State report
all parts of the State, excluding sources given pollutant may be omitted.
emissions that are required by the NOX SIP
Call and the Clean Air Interstate Rule? located on Tribal lands:
(1) Point. § 51.25 What geographic area must my
The District of Columbia and States (2) Nonpoint. State’s inventory cover?
that are subject to the NOX SIP Call (3) Onroad mobile. Because of the regional nature of these
(§ 51.121 of this part) are subject to the (4) Nonroad mobile. pollutants, your State’s inventory must
emissions reporting provisions of (c) Supporting information. You must be statewide, regardless of any area’s
§ 51.122 of this part. The District of report the data elements in Tables 2a attainment status.
Columbia and States that are subject to through 2c to subpart A of this part. We
the Clean Air Interstate Rule are subject § 51.30 When does my State report which
may ask you for other data on a
to the emissions reporting provisions of emissions data to EPA?
voluntary basis to meet special
§ 51.125 of this part. This subpart A purposes. All States are required to report two
incorporates the pollutants, source, time (d) Confidential data. We do not basic types of emission inventories to
periods, and required data elements for consider the data in Tables 2a through EPA: Every-year Cycle Inventory; and
both of these reporting requirements. 2c to subpart A of this part confidential, Three-year Cycle Inventory. The sources
but some States limit release of this type and pollutants to be reported vary
Specific Reporting Requirements
of data. Any data that you submit to among States.
§ 51.15 What data does my State need to EPA under this subpart will be (a) Every-year cycle. See Tables 2a,
report to EPA? considered in the public domain and 2b, and 2c to subpart A of this part for
(a) Pollutants. Report actual emissions cannot be treated as confidential. If the specific data elements to report
of the following (see Definitions in Federal and State requirements are every year.
§ 51.50 for precise definitions as inconsistent, consult your EPA Regional (1) All States are required to report
required): Office for a final reconciliation. every year the annual (12-month)
(1) Required pollutants for triennial (e) Option to Submit Inputs to emissions of all pollutants listed in
reports of annual (12-month) emissions Emission Inventory Estimation Models § 51.15(a)(1) from Type A (large) point
for all sources and every-year reports of in Lieu of Emission Estimates. For a sources, as defined in Table 1 to subpart
annual emissions from Type A sources: given reporting year, EPA may allow A of this part. The first every-year cycle
(i) Sulfur dioxide (SO2). States to submit comprehensive input inventory will be for the year 2008 and
(ii) Volatile organic compounds values for models capable of estimating must be submitted to EPA within 12
(VOC). emissions from a certain source type on months, i.e., by December 31, 2009. The
(iii) Nitrogen oxides (NOX). a national scale, in lieu of submitting same 12-month reporting sequence will
(iv) Carbon monoxide (CO). the emission estimates otherwise apply for the every-year cycle
(v) Lead and lead compounds. required by this subpart. inventories for the years 2009 and 2010,
(vi) Primary PM2.5. Emissions of i.e., these inventories must be reported
filterable, condensible, and total PM2.5 § 51.20 What are the emission thresholds to EPA by December 31, 2010 and
should be reported, if all are applicable that separate point and nonpoint sources? December 31, 2011, respectively.
to the source type. (a) All anthropogenic stationary Beginning with the year 2011 and for all
(vii) Primary PM10. Emissions of sources must be included in your subsequent every-year cycle inventories,
filterable, condensible, and total PM10 inventory as either point or nonpoint the inventories will be due 6 months
should be reported, if all are applicable sources. following the end of the reporting year,
to the source type. (b) Sources which meet the definition i.e., the 2011 inventory must be reported
(viii) Ammonia (NH3). of point source in this subpart must be to EPA by June 30, 2012.
(2) States subject to §§ 51.123 and both the raw data submitted by sources (4) Any State with an area for which
51.125 of this part are required to report to the trading programs and summary EPA has made an 8-hour ozone
every year the annual (12-month) data available to any State that chooses nonattainment designation finding
emissions of NOX from any point, this option. (regardless of whether that finding has
nonpoint, onroad mobile, or nonroad (7) In years which are reporting years reached its effective date) must report
mobile source for which the State under the 3-year cycle, the reporting summer day emissions of VOC and NOX
specified control measures in its State required by the 3-year cycle satisfies the from all point sources, nonpoint
Implementation Plan (SIP) submission requirements of this paragraph. sources, onroad mobile sources, and
under § 51.123 of this part. This (b) Three-year cycle. See Tables 2a, 2b nonroad mobile sources. The first 3-year
requirement begins with the 2009 and 2c to subpart A of this part for the cycle inventory will be for the year 2008
inventory year. This requirement does specific data elements that must be and must be submitted to EPA within 12
not apply to any State subject to reported triennially. months, i.e., by December 31, 2009.
§ 51.123 of this part solely because of its (1) All States are required to report for Subsequent 3-year cycle inventories will
contribution to ozone nonattainment in every 3rd year the annual (12-month) be due as specified under paragraph
another State. emissions of all pollutants listed in (b)(1) of this section.
(3) States subject to §§ 51.124 and § 51.15(a)(1) from all point sources,
51.125 of this part are required to report § 51.35 How can my State equalize the
nonpoint sources, onroad mobile emissions inventory effort from year to
every year the annual (12-month) sources, and nonroad mobile sources.
emissions of SO2 from any point, year?
The first 3-year cycle inventory will be
nonpoint, onroad mobile, or nonroad (a) Compiling a 3-year cycle inventory
for the year 2008 and must be submitted
mobile source for which the State means more effort every 3 years. As an
to us within 12 months, i.e., by
specified control measures in its SIP option, your State may ease this
December 31, 2009. Subsequent 3-year
submission under § 51.124 of this part. workload spike by using the following
cycle (2011 and following) inventories
This requirement begins with the 2009 approach:
will be due as required in paragraphs (1) Each year, collect and report data
inventory year. (b)(1)(i) and (ii) of this section:
(4) States subject to §§ 51.123 and for all Type A (large) point sources (this
(i) Point Sources—due six months is required for all Type A point sources).
51.125 of this part are required to report
after the end of the reporting year, i.e., (2) Each year, collect data for one-
every year the ozone season emissions
the point source component for the 3- third of your nonType A point sources.
of NOX and summer day emissions of
year cycle inventory year 2011 must be Collect data for a different third of these
NOX from any point, nonpoint, onroad
mobile, or nonroad mobile source for reported to EPA by June 30, 2012. sources each year so that data has been
which the State specified control (ii) Nonpoint sources, onroad mobile collected for all of the nonType A point
measures in its SIP submission under sources, and nonroad mobile sources— sources by the end of each 3-year cycle.
§ 51.123 of this part. This requirement due twelve months after the end of the You must save 3 years of data and then
begins with the 2009 inventory year. reporting year, i.e., the nonpoint report all of the nonType A point
This requirement does not apply to any sources, onroad mobile sources, and sources on the 3-year cycle due date.
State subject to § 51.123 of this part nonroad mobile sources components for (3) Each year, collect data for one-
solely because of its contribution to the 3-year cycle inventory year 2011 third of the nonpoint, nonroad mobile,
PM2.5 nonattainment in another State. must be reported to EPA by December and onroad mobile sources. You must
(5) States subject to the emission 31, 2012. save 3 years of data and then report all
reporting requirements of § 51.122 of (2) States subject to § 51.122 of this of these data on the 3-year cycle due
this part (the NOX SIP Call) are required part must report ozone season emissions date.
to report every year the ozone season and summer day emissions of NOX from (b) For the sources described in
emissions of NOX and summer day all point sources, nonpoint sources, paragraph (a) of this section, your State
emissions of NOX from any point, onroad mobile sources, and nonroad will therefore have data from 3
nonpoint, onroad mobile, or nonroad mobile sources. The first 3-year cycle successive years at any given time,
mobile source for which the State inventory will be for the year 2008 and rather than from the single year in
specified control measures in its SIP must be submitted to EPA within 12 which it is compiled.
submission under § 51.121(g) of this months, i.e., by December 31, 2009. (c) If your State chooses the method
part. This requirement begins with the Subsequent 3-year cycle inventories will of inventorying one-third of your
inventory year prior to the year in be due as specified under paragraph smaller point sources and 3-year cycle
which compliance with the NOX SIP (b)(1) of this section. nonpoint, nonroad mobile, onroad
Call requirements is first required. (3) States subject to §§ 51.123 and mobile sources each year, your State
(6) If sources report SO2 and NOX 51.125 of this part must report ozone must compile each year of the 3-year
emissions data to EPA in a given year season emissions of NOX and summer period identically. For example, if a
pursuant to a trading program approved day emissions of VOC and NOX from all process hasn’t changed for a source
under § 51.123(o) or § 51.124(o) of this point sources, nonpoint sources, onroad category or individual plant, your State
part or pursuant to the monitoring and mobile sources, and nonroad mobile must use the same emission factors to
reporting requirements of 40 CFR part sources. The first 3-year cycle inventory calculate emissions for each year of the
75, then the State need not provide will be for the year 2008 and must be 3-year period. If your State has revised
annual reporting of the pollutants to submitted to us within 12 months, i.e., emission factors during the 3 years for
EPA for such sources. If SO2 and NOX by December 31, 2009. Subsequent 3- a process that hasn’t changed, resubmit
are the only pollutants required to be year cycle inventories will be due as previous years’ data using the revised
reported for the source for the given specified under paragraph (b)(1) of this factor. If your State uses models to
calendar year and emissions period section. This requirement does not estimate emissions, you must make sure
(annual, ozone season, or summer day), apply to any State subject to § 51.123 of that the model is the same for all 3
all data elements for the source may be this part solely because of its years.
omitted from the State’s emissions contribution to PM2.5 nonattainment in (d) If your State needs a new reference
report for that period. We will make another State. year emission inventory for a selected
pollutant, your State cannot use these process—measured or calculated that units, summer = 250 units, fall = 150
optional reporting frequencies for the represent a calendar year. units, and winter = 50 units).
new reference year. Ash content means inert residual FIPS Code. Federal Information
(e) If your State is a NOX SIP Call portion of a fuel. Placement System (FIPS) is the system
State, you cannot use these optional Contact name means the complete of unique numeric codes the
reporting frequencies for NOX SIP Call name of the contact person, including government developed to identify
reporting. first name, middle name or initial, and States, counties and parishes for the
surname. Lead contact for the entire United States, Puerto Rico, and
§ 51.40 In what form and format should my organization transmitting the data set. Guam.
State report the data to EPA? Contact phone number means the Heat content means the amount of
You must report your emission phone number for the contact name. thermal heat energy in a solid, liquid, or
inventory data to us in electronic form. Control device type means the name gaseous fuel, averaged over the period
We support specific electronic data of the type of control device (e.g., wet for which emissions are reported. Fuel
reporting formats and you are required scrubber, flaring, or process change). heat content is typically expressed in
to report your data in a format Control status means an indication of units of Btu/lb of fuel, Btu/gal of fuel,
consistent with these. The term format whether reported emissions are joules/kg of fuel, etc.
encompasses the definition of one or controlled or uncontrolled. Hr/day in operations means the hours
more specific data fields for each of the Day/wk in operations means days per per day that the emitting process
data elements listed in Tables 2a, 2b, week that the emitting process operates operates averaged over the inventory
and 2c to subpart A of this part; allowed averaged over the inventory period. period.
code values for categorical data fields; Design capacity means a measure of Inventory end date means the last day
transmittal information; and data table the size of a point source, based on the of the inventory period.
relational structure. Because electronic reported maximum continuous Inventory start date means the first
reporting technology continually throughput or output capacity of the day of the inventory period.
changes, contact the EPA Emission unit. For a boiler, design capacity is Inventory type means a code
Inventory Group (EIG) for the latest based on the reported maximum indicating whether the inventory
specific formats. You can find continuous steam flow, usually in units submission includes emissions of
information on the current formats at of million BTU per hour. hazardous air pollutants.
Emission factor means the ratio Inventory year means the calendar
the following Internet address: http://
relating emissions of a specific pollutant year for which you calculated emissions
www.epa.gov/ttn/chief/nif/index.html.
to an activity or material throughput estimates.
You may also call the air emissions Lead (Pb) means lead as defined in 40
contact in your EPA Regional Office or level.
Emission release point type means the CFR 50.12. Lead should be reported as
our Info CHIEF help desk at (919) 541– elemental lead and its compounds.
1000 or e-mail to info.chief@epa.gov. code for physical configuration of the
Maximum nameplate capacity means
release point.
§ 51.45 Where should my State report the Emission type means the code a measure of the size of a generator
data? describing temporal designation of which is put on the unit’s nameplate by
the manufacturer. The data element is
(a) Your State submits or reports data emissions reported, i.e., Entire Period,
reported in megawatts or kilowatts.
by providing it directly to EPA. Average Weekday, etc.
Method accuracy description (MAD)
(b) The latest information on data Exit gas flow rate means the numeric
codes means a set of six codes used to
reporting procedures is available at the value of stack gas’s flow rate.
define the accuracy of latitude/
following Internet address: http:// Exit gas temperature means the
longitude data for point sources. The six
www.epa.gov/ttn/chief. You may also numeric value of an exit gas stream’s
codes and their definitions are:
call our Info CHIEF help desk at (919) temperature. (1) Coordinate Data Source Code: The
541–1000 or e-mail to Exit gas velocity means the numeric
code that represents the party
info.chief@epa.gov. value of an exit gas stream’s velocity.
responsible for providing the latitude/
Facility ID codes means the unique
§ 51.50 What definitions apply to this longitude.
codes for a plant or facility treated as a (2) Horizontal Collection Method
subpart? point source, containing one or more Code: Method used to determine the
Terms used in this subpart as defined pollutant-emitting units. The EPA’s latitude/longitude coordinates for a
in this section. reporting format for a given reporting point on the earth.
Activity throughput means a year may require several facility ID (3) Horizontal Accuracy Measure: The
measurable factor or parameter that codes to ensure proper matching measure of accuracy (in meters) of the
relates directly or indirectly to the between data bases, e.g., the State’s own latitude/longitude coordinates.
emissions of an air pollution source current and most recent facility ID (4) Horizontal Reference Datum Code:
during the period for which emissions codes, the EPA-assigned facility ID Code that represents the reference
are reported. Depending on the type of codes, and the ORIS (Department of datum used to determine the latitude/
source category, activity information Energy) ID code if applicable. longitude coordinates.
may refer to the amount of fuel Fall throughput (percent) means part (5) Reference Point Code: The code
combusted, raw material processed, of the throughput for the three Fall that represents the place for which
product manufactured, or material months (September, October, geographic coordinates were
handled or processed. It may also refer November). This expresses part of the established. Code value should be 106
to population, employment, or number annual activity information based on (e.g., point where substance is released).
of units. Activity information is four seasons—typically spring, summer, (6) Source Map Scale Number: The
typically the value that is multiplied fall, and winter. It can be a percentage number that represents the proportional
against an emission factor to generate an of the annual activity (e.g., production distance on the ground for one unit of
emissions estimate. in summer is 40 percent of the year’s measure on the map or photo.
Annual emissions means actual production) or units of the activity (e.g., Mobile source means a motor vehicle,
emissions for a plant, point, or out of 600 units produced, spring = 150 nonroad engine or nonroad vehicle. A
motor vehicle is any self-propelled source as a solid or liquid at stack or Process classification code (PCC)
vehicle used to carry people or property release conditions and captured on the means a process-level code that
on a street or highway. A nonroad filter of a stack test train. Filterable describes the equipment or operation
engine is an internal combustion engine PM2.5 is particulate matter with an which is emitting pollutants. This code
(including fuel system) that is not used aerodynamic diameter equal to or less is being considered as a replacement for
in a motor vehicle or vehicle only used than 2.5 micrometers. Filterable PM10 is the SCC.
for competition, or that is not affected particulate matter with an aerodynamic
Physical address means the street
by sections 111 or 202 of the CAA. A diameter equal to or less than 10
nonroad vehicle is a vehicle that is run address of a facility. This is the address
micrometers.
by a nonroad engine and that is not a of the location where the emissions
(2) Condensible PM: Material that is
motor vehicle or a vehicle only used for occur; not, for example, the corporate
vapor phase at stack conditions, but
competition. headquarters.
which condenses and/or reacts upon
Nitrogen oxides (NOX) means nitrogen cooling and dilution in the ambient air Point source. For reporting for the
oxides (NOX) as defined in 40 CFR 60.2 to form solid or liquid PM immediately years 2008 and following, point sources
as all oxides of nitrogen except N2O. after discharge from the stack. Note that are large, stationary (non-mobile),
Nitrogen oxides should be reported on all condensible PM, if present from a identifiable sources of emissions that
an equivalent molecular weight basis as source, is typically in the PM2.5 size release pollutants into the atmosphere.
nitrogen dioxide (NO2). fraction, and therefore all of it is a As used in this subpart, a point source
Nonpoint sources. Nonpoint sources component of both primary PM2.5 and is a facility that is a major source under
collectively represent individual primary PM10. section 302 or part D of title I of the
sources that have not been inventoried CAA. Emissions of hazardous air
(3) Primary PM2.5: The sum of
as specific point or mobile sources. pollutants are not considered in
filterable PM2.5 and condensible PM.
These individual sources treated
(4) Primary PM10: The sum of determining whether a source is a point
collectively as nonpoint sources are
filterable PM10 and condensible PM. source under this subpart. For reporting
typically too small, numerous, or
(5) Secondary PM: Particles that form for the years before 2008, point sources
difficult to inventory using the methods
for the other classes of sources. or grow in mass through chemical are large, stationary (non-mobile),
Ozone Season means the period May reactions in the ambient air well after identifiable sources of emissions that
1 through September 30 of a year. dilution and condensation have release pollutants into the atmosphere.
Particulate Matter (PM). Particulate occurred. Secondary PM is usually As used in this subpart, a point source
matter is a criteria air pollutant. For the formed at some distance downwind is a facility that annually emits more
purpose of this subpart, the following from the source. Secondary PM should than a ‘‘threshold’’ value. The minimum
definitions apply: NOT be reported in the emission point source reporting thresholds by
(1) Filterable PM2.5 or Filterable PM10: inventory and is NOT covered by this pollutant (in tons per year of actual
Particles that are directly emitted by a subpart. emissions) are:
Three-year cycle
Annual cycle
Pollutant (type A sources) Type B NAA 2
sources 1
1. SOX ........................................................................................................ ≥2500 ≥100 ≥100

2. VOC ........................................................................................................ ≥250 ≥100 O3 (moderate) ≥100
3. VOC ........................................................................................................ O3 (serious) ≥50
4. VOC ........................................................................................................ O3 (severe) ≥25
5. VOC ........................................................................................................ O3 (extreme) ≥10
6. NOX ........................................................................................................ ≥2500 ≥100 ≥100
7. CO .......................................................................................................... ≥2500 ≥1000 O3 (all areas) ≥100
8. CO .......................................................................................................... CO (all areas) ≥100
9. Pb ........................................................................................................... ≥5 ≥5
10. PM10 ..................................................................................................... ≥250 ≥100 PM10 (moderate) ≥100
11. PM10 ..................................................................................................... PM10 (serious) ≥70
12. PM2.5 .................................................................................................... ≥250 ≥100 ≥100
13. NH3 ....................................................................................................... ≥250 ≥100 ≥100
1 TypeA sources are a subset of the Type B sources and are the larger emitting sources by pollutant.
2 NAA = Nonattainment Area. Special point source reporting thresholds apply for certain pollutants by type of nonattainment area. The pollut-
ants by nonattainment area are: Ozone: VOC, NOX, CO; CO; CO; PM10: PM10.
Pollutant code means a unique code Process ID code means a unique code rating reflects the assumption that
for each reported pollutant assigned by for the process generating the emissions, controls typically are not 100 percent
the reporting format specified by EPA typically a description of a process. effective because of equipment
for each reporting year. Roadway class means a classification downtime, upsets, decreases in control
Primary capture and control system developed by the Federal efficiencies, and other deficiencies in
efficiencies (percent) means two values Highway Administration that defines all emission estimates. Rule effectiveness
indicating the emissions capture public roadways as to type based on adjusts the control efficiency.
efficiency and the emission reduction land use and physical characteristics of
Rule penetration means the

efficiency of a primary control device. the roadway.
percentage of a nonpoint source
Capture and control efficiencies are Rule effectiveness (RE) means how category covered by an applicable
usually expressed as a percentage or in well a regulatory program achieves all
regulation.
tenths. possible emissions reductions. This
SCC means source classification code, budgets for transportation conformity, to emission factors in EPA’s MOBILE
a process-level code that describes the allow comparability of daily emission Model.
equipment and/or operation which is estimates. VOC means volatile organic
emitting pollutants. Summer throughput (percent) means compounds. The EPA’s regulatory
SIC/NAICS means Standard Industrial part of throughput or activity for the definition of VOC is in 40 CFR 51.100.
Classification code/North American three Summer months (June, July, Winter throughput (percent) means
Industry Classification System code. August). See the definition of Fall part of throughput or activity for the
The NAICS codes are U.S. Department Throughput. three Winter months (December,
of Commerce’s codes for businesses by Total capture and control efficiency January, February, all from the same
products or services and have replaced (percent) means the net emission year, e.g., Winter 2005 = January 2005
SIC codes. The NAICS codes must be reduction efficiency of all emissions + February, 2005 + December 2005). See
used exclusively beginning with the collection devices. the definition of Fall throughput.
2006 emission inventory year. Type A source means large point Wk/yr in operation means weeks per
Site name means the name of the sources with actual annual emissions year that the emitting process operates.
facility. greater than or equal to any of the X stack coordinate (longitude) means
Spring throughput (percent) means emission thresholds listed in Table 1 to an object’s east-west geographical
part of throughput or activity for the subpart A of this part for Type A coordinate.
three Spring months (March, April, sources. If a source is a Type A source Y stack coordinate (latitude) means
May). See the definition of Fall for any pollutant listed in Table 1, then an object’s north-south geographical
Throughput. the emissions for all Table 1 pollutants
Stack diameter means a stack’s inner coordinate.
must be reported for that source.
physical diameter. Tables to Subpart A of Part 51
Stack height means a stack’s physical Unit ID code means a unique code for
height above the surrounding terrain. the unit of generation of emissions,
typically a physical piece or closely
TABLE 1 TO SUBPART A OF PART
Stack ID code means a unique code 51.—EMISSION THRESHOLDS BY
for the point where emissions from one related set of equipment. The EPA’s
reporting format for a given reporting POLLUTANT (TPY 1) FOR TREATMENT
or more processes release into the
year may require multiple unit ID codes OF POINT SOURCES AS TYPE A
atmosphere.
Start time (hour) means Start time (if to ensure proper matching between data UNDER 40 CFR 51.30
available) that was applicable and used bases, e.g., the State’s own current and
most recent unit ID codes, the EPA- Emissions threshold for
for calculations of emissions estimates. Pollutant type A treatment
Sulfur content means the sulfur assigned unit ID codes if any, and the
content of a fuel, usually expressed as ORIS (Department of Energy) ID code if 1. SO2 ............... ≥2500.
percent by weight. applicable. 2. VOC .............. ≥250.
Summer day emissions means an VMT by SCC means vehicle miles 3. NOX .............. ≥2500.
average day’s emissions for a typical traveled disaggregated to the SCC level, 4. CO ................ ≥2500.
summer day with conditions critical to i.e., reflecting combinations of vehicle 5. Pb ................. Does not determine Type
ozone attainment planning. The State type and roadway class. Vehicle miles A status.
will select the particular month(s) in traveled expresses vehicle activity and 6. PM10 ............. ≥250.
7. PM2.5 ............. ≥250.
summer and the day(s) in the week to is used with emission factors. The
8. NH3 2 ............. ≥250.
be represented. The selection of emission factors are usually expressed
conditions should be coordinated with in terms of grams per mile of travel. 1 tpy
= Tons per year of actual emissions.
2 Ammoniathreshold applies only in areas
the conditions assumed in the Because VMT does not correlate directly
where ammonia emissions are a factor in de-
development of reasonable further to emissions that occur while the termining whether a source is a major source,
progress plans, rate of progress plans vehicle isn’t moving, these nonmoving i.e., where ammonia is considered a signifi-
and demonstrations, and/or emissions emissions are incorporated into the cant precursor of PM2.5.
TABLE 2A TO SUBPART A OF PART 51.—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM POINT SOURCES, WHERE
REQUIRED BY 40 CFR 51.30
Every-year Three-year
Data elements reporting reporting
1. Inventory year .............................................................................................................................................................. ✔ ✔

2. Inventory start date ...................................................................................................................................................... ✔ ✔
3. Inventory end date ....................................................................................................................................................... ✔ ✔
4. Inventory type .............................................................................................................................................................. ✔ ✔
5. Contact name .............................................................................................................................................................. ✔ ✔
6. Contact phone number ................................................................................................................................................ ✔ ✔
7. FIPS code .................................................................................................................................................................... ✔ ✔
8. Facility ID codes .......................................................................................................................................................... ✔ ✔
9. Unit ID code ................................................................................................................................................................. ✔ ✔
10. Process ID code ........................................................................................................................................................ ✔ ✔
11. Stack ID code ............................................................................................................................................................ ✔ ✔
12. Site name .................................................................................................................................................................. ✔ ✔
13. Physical address ....................................................................................................................................................... ✔ ✔
14. SCC or PCC .............................................................................................................................................................. ✔ ✔

15. Heat content (fuel) (annual average) ........................................................................................................................ ✔ ✔
16. Heat content (fuel) (ozone season, if applicable) ..................................................................................................... ✔ ✔
17. Ash content (fuel) (annual average) .......................................................................................................................... ✔ ✔
18. Sulfur content (fuel) (annual average) ...................................................................................................................... ✔ ✔
TABLE 2A TO SUBPART A OF PART 51.—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM POINT SOURCES, WHERE
REQUIRED BY 40 CFR 51.30—Continued
19. Pollutant code ............................................................................................................................................................ ✔ ✔

20. Activity/throughput (for each period reported) ........................................................................................................... ✔ ✔
21. Summer day emissions (if applicable) ...................................................................................................................... ✔ ✔
22. Ozone season emissions (if applicable) ................................................................................................................... ✔ ✔
23. Annual emissions ...................................................................................................................................................... ✔ ✔
24. Emission factor .......................................................................................................................................................... ✔ ✔
25. Winter throughput (percent) ...................................................................................................................................... ✔ ✔
26. Spring throughput (percent) ...................................................................................................................................... ✔ ✔
27. Summer throughput (percent) ................................................................................................................................... ✔ ✔
28. Fall throughput (percent) ........................................................................................................................................... ✔ ✔
29. Hr/day in operation .................................................................................................................................................... ✔ ✔
30. Start time (hour) ........................................................................................................................................................ ✔ ✔
31. Day/wk in operation ................................................................................................................................................... ✔ ✔
32. Wk/yr in operation ..................................................................................................................................................... ✔ ✔
33. X stack coordinate (longitude) ................................................................................................................................... ✔
34. Y stack coordinate (latitude) ...................................................................................................................................... ✔
35. Method accuracy description (MAD) code ................................................................................................................ ✔
36. Stack height ............................................................................................................................................................... ✔
37. Stack diameter ........................................................................................................................................................... ✔
38. Exit gas temperature ................................................................................................................................................. ✔
39. Exit gas velocity ......................................................................................................................................................... ✔
40. Exit gas flow rate ....................................................................................................................................................... ✔
41. SIC/NAICS and at the facility and unit levels ........................................................................................................... ✔
42. Design capacity (including boiler capacity if applicable) ........................................................................................... ✔
43. Maximum generator nameplate capacity .................................................................................................................. ✔
44. Primary capture and control efficiencies (percent) ................................................................................................... ✔
45. Total capture and control efficiency (percent) ........................................................................................................... ✔
46. Control device type .................................................................................................................................................... ✔
47. Control status ............................................................................................................................................................ ✔
48. Emission type ............................................................................................................................................................ ✔
49. Emission release point type ...................................................................................................................................... ✔
50. Rule effectiveness (percent) ...................................................................................................................................... ✔
TABLE 2B TO SUBPART A OF PART 51.—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM NONPOINT SOURCES AND
NONROAD MOBILE SOURCES, WHERE REQUIRED BY 40 CFR 51.30
1. Inventory year .............................................................................................................................................................. ✔ ✔

4. Inventory type .............................................................................................................................................................. ✔ ✔
5. Contact name .............................................................................................................................................................. ✔ ✔
7. FIPS code .................................................................................................................................................................... ✔ ✔
8. SCC or PCC ................................................................................................................................................................ ✔ ✔
9. Emission factor ............................................................................................................................................................ ✔ ✔
10. Activity/throughput level (for each period reported) .................................................................................................. ✔ ✔
11. Total capture/control efficiency (percent) .................................................................................................................. ✔ ✔
12. Rule effectiveness (percent) ...................................................................................................................................... ✔ ✔
13. Rule penetration (percent) ......................................................................................................................................... ✔ ✔
14. Pollutant code ............................................................................................................................................................ ✔ ✔

22. Hrs/day in operation .................................................................................................................................................. ✔ ✔
23. Days/wk in operation ................................................................................................................................................. ✔ ✔
24. Wks/yr in operation .................................................................................................................................................... ✔ ✔
TABLE 2C.—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM ONROAD MOBILE SOURCES, WHERE REQUIRED BY
40 CFR 51.30
1. Inventory year .............................................................................................................................................................. ✔ ✔

4. Inventory type .............................................................................................................................................................. ✔ ✔
5. Contact name .............................................................................................................................................................. ✔ ✔
7. FIPS code .................................................................................................................................................................... ✔ ✔
8. SCC or PCC ................................................................................................................................................................ ✔ ✔
9. Emission factor ............................................................................................................................................................ ✔ ✔
10. Activity (VMT by SCC) .............................................................................................................................................. ✔ ✔
11. Pollutant code ............................................................................................................................................................ ✔ ✔
Subpart G—[Amended] emissions data from all sources within (3) States must submit data for a
the State. required year no later than 12 months
3. Section 51.122 is revised to read as (3) The data availability requirements after the end of the calendar year for
follows: in § 51.116 of this part must be followed which the data are collected. The first
§ 51.122 Emissions reporting for all data submitted to meet the inventory (for the year 2008) must be
requirements for SIP revisions relating to requirements of paragraphs (b)(1) and submitted to EPA within 12 months,
budgets for NOX emissions. (2) of this section. i.e., by December 31, 2009. The same
(a) For its transport SIP revision under (c) The data reported in paragraph (b) 12-month reporting sequence will apply
§ 51.121, each State must submit to EPA of this section must meet the for the inventories for the years 2009
NOX emissions data as described in this requirements of subpart A of this part. and 2010, i.e., these inventories must be
section. (d) Approval of ozone season reported to EPA by December 31, 2010
(b) Each revision must provide for calculation by EPA. Each State must and December 31, 2011 respectively.
periodic reporting by the State of NOX submit for EPA approval an example of Beginning with the year 2011, and for
emissions data to demonstrate whether the calculation procedure used to all subsequent inventories, the
the State’s emissions are consistent with calculate ozone season emissions along inventories will be due 6 months
the projections contained in its with sufficient information to verify the following the end of the reporting year,
approved SIP submission. calculated value of ozone season i.e., the 2011 inventory must be reported
(1) For the every-year reporting cycle, emissions. to EPA by June 30, 2012.
each revision must provide for reporting (e) Reporting schedules. (1) Data
collection is to begin during the ozone (f) Data reporting procedures are given
of NOX emissions data every year as in subpart A. When submitting a formal
follows: season 1 year prior to the State’s NOX
SIP Call compliance date. NOX Budget Emissions Report and
(i) The State must report to EPA associated data, States shall notify the
emissions data from all NOX sources (2) Reports are to be submitted
according to paragraph (b) of this appropriate EPA Regional Office.
within the State for which the State
specified control measures in its SIP section and the schedule in Table 1 of (g) As used in this section, words and
submission under § 51.121(g). This this paragraph (e)(2). After 2011, terms shall have the meanings set forth
would include all sources for which the triennial reports are to be submitted in § 51.50 of this part.
State has adopted measures that differ every 3rd year and annual reports are to
[FR Doc. 05–24614 Filed 12–30–05; 8:45 am]
from the measures incorporated into the be submitted each year that a triennial
BILLING CODE 6560–50–P
baseline inventory for the year 2007 that report is not required.
the State developed in accordance with
§ 51.121(g). TABLE 1 TO § 51.122(E)(2).—
(ii) If sources report NOX emissions SCHEDULE FOR SUBMITTING REPORTS
data to EPA for a given year pursuant to
Type of report
a trading program approved under Data collection year required
§ 51.121(p) or pursuant to the
monitoring and reporting requirements 2005 .......................... Triennial.
of 40 CFR part 75, then the State need 2006 .......................... Annual.
not provide an every-year cycle report to 2007 .......................... Annual.
EPA for such sources. 2008 .......................... Triennial.

(2) For the three-year cycle reporting, 2009 .......................... Annual.
2010 .......................... Annual.
each plan must provide for triennial 2011 .......................... Triennial.
(i.e., every 3rd year) reporting of NOX

Proposed Rule: Air Quality Implementation Plans: Preparation, Adoption, Submittal&#8212 Air Emissions Reporting Requirements

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Proposed Rule: Air Quality Implementation Plans: Preparation, Adoption, Submittal&#8212 Air Emissions Reporting Requirements

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Federal Register / Vol. 71, No.

1 / Tuesday, January 3, 2006 / Proposed Rules 69

ACTION: Proposed rule; amendments.

provision in the CAIR supplemental Longitude Standard. 2000. U.S. Environmental

1. SOX ........................................................................................................ ≥2500 ≥100 ≥100

Rule penetration means the

1. Inventory year .............................................................................................................................................................. ✔ ✔

14. SCC or PCC .............................................................................................................................................................. ✔ ✔

19. Pollutant code ............................................................................................................................................................ ✔ ✔

1. Inventory year .............................................................................................................................................................. ✔ ✔

21. Fall throughput (percent) ........................................................................................................................................... ✔ ✔

1. Inventory year .............................................................................................................................................................. ✔ ✔

EPA for such sources. 2008 .......................... Triennial.

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