Air Emissions Reporting Requirements, 69-84 [05-24614]
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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Proposed Rules
subject matter of each of the
independent claims and designated
dependent claims;
(3) For each reference cited, an
identification of all the limitations of
the independent claims and designated
dependent claims that are disclosed by
the reference;
(4) A detailed explanation of how
each of the independent claims and
designated dependent claims are
patentable over the references cited with
the particularity required by § 1.111(b)
and (c);
(5) A concise statement of the utility
of the invention as defined in each of
the independent claims; and
(6) A showing of where each
limitation of the independent claims
and the designated dependent claims
finds support under the first paragraph
of 35 U.S.C. 112 in the written
description of the specification. If the
application claims the benefit of one or
more applications under title 35, United
States Code, the showing must also
include where each limitation of the
independent claims and the designated
dependent claims finds support under
the first paragraph of 35 U.S.C. 112 in
each such application in which such
support exists.
(b) The preexamination search
referred to in paragraph (a)(1) of this
section must involve U.S. patents and
patent application publications, foreign
patent documents, and non-patent
literature, unless the applicant can
justify with reasonable certainty that no
references more pertinent than those
already identified are likely to be found
in the eliminated source and includes
such a justification with the statement
required by paragraph (a)(1) of this
section. The preexamination search
referred to in paragraph (a)(1) of this
section must be directed to the claimed
invention and encompass all of the
features of the independent claims and
must cover all of the features of the
designated dependent claims separately
from the claim or claims from which the
dependent claim depends, giving the
claims the broadest reasonable
interpretation. The preexamination
search referred to in paragraph (a)(1) of
this section must also encompass the
disclosed features that may be claimed.
(c) If an examination support
document is required, but the
examination support document or preexamination search is deemed to be
insufficient, an explanation of the
invention or how the independent and
designated dependent claims define the
invention is deemed necessary, or the
claims have been amended such that the
examination support document no
longer covers each independent claim
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and each designated dependent claim,
applicant will be notified and given a
one-month time period within which to
file a corrected or supplemental
examination support document to avoid
abandonment. This one-month period is
not extendable under § 1.136(a).
7. Section 1.704 is amended by
redesignating paragraph (c)(11) as
(c)(12) and adding new paragraph
(c)(11) to read as follows:
§ 1.704 Reduction of period of adjustment
of patent term.
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(c) * * *
(11) Failure to file an examination
support document in compliance with
§ 1.261 when necessary under § 1.75(b),
in which case the period of adjustment
set forth in § 1.703 shall be reduced by
the number of days, if any, beginning on
the day after the date that is the later of
the filing date of the amendment
necessitating an examination support
document under § 1.261, or four months
from the filing date of the application in
an application under 35 U.S.C. 111(a) or
from the date on which the national
stage commenced under 35 U.S.C.
371(b) or (f) in an application which
entered the national stage from an
international application after
compliance with 35 U.S.C. 371, and
ending on the date that either an
examination support document in
compliance with § 1.261, or an
amendment or suggested restriction
requirement and election
(§ 1.75(b)(3)(iii)) that obviates the need
for an examination support document
under § 1.261, was filed;
*
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Dated: December 19, 2005.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 05–24529 Filed 12–30–05; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[OAR–2004–0489; FRL–8016–8]
RIN 2060–AN20
Air Emissions Reporting Requirements
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule; amendments.
SUMMARY: Today’s action proposes
changes to EPA’s emission inventory
reporting requirements. The proposed
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amendments would consolidate, reduce,
and simplify the current requirements;
add limited new requirements; and
provide additional flexibility to States
in the way they collect and report
emissions data. The proposed
amendments would also accelerate the
reporting of emissions data to EPA by
State and local agencies. The EPA
intends to issue final amendments
during 2006.
DATES: Comments must be received on
or before May 3, 2006. Under the
Paperwork Reduction Act, comments on
the information collection provisions
must be received by OMB on or before
February 2, 2006.
The EPA will hold a public hearing
on today’s proposal only if requested by
February 2, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2004–
0489, by one of the following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Air Emissions Reporting
Requirements Rule, Docket No. OAR–
2004–0489, Environmental Protection
Agency, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460. In addition, please mail a
copy of your comments on the
information collection provisions to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC
20503.
• Hand Delivery: EPA Docket Center,
1301 Constitution Avenue, NW., Room
B102, Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. OAR–2004–0489. The
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov, or email. The www.regulations.gov website
is ‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
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If you send an e-mail comment directly
to EPA without going through
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD-ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to unit I.B of
the SUPPLEMENTARY INFORMATION section
of this preamble.
Docket: All documents in the docket
are listed in the www.regulations.gov
index or in hard copy at the Air
Emissions Reporting Requirements
Rule, Docket No. OAR–2004–0489,
EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
Emissions Reporting Requirements
Rule, Docket No. OAR–2004–0489 is
(202) 566–1742. Although listed in the
index, some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
FOR FURTHER INFORMATION CONTACT: For
general questions concerning today’s
action, please contact Bill Kuykendal,
U.S. EPA, Office of Air Quality Planning
and Standards, Emissions Monitoring
and Analysis Division, Mail Code D205–
01, Research Triangle Park, NC, 27711,
telephone (919) 541–5372, e-mail at
kuykendal.bill@epa.gov. For legal
questions, please contact Thomas
Swegle, U.S. EPA, Office of General
Counsel, Mail Code 2344A, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460, telephone (202)
564–5546, e-mail at
swegle.thomas@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply To Me?
Categories and entities potentially
regulated by this action include:
Category
NAIC
code1
Examples of regulated entities
State/local/tribal government.
92411
State, territorial, and local government air quality management programs. Tribal governments are not affected.
1 North
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This action
proposes to have States report their
emissions to us. It is possible that some
States will require facilities within their
jurisdictions to report emissions to the
States. To determine whether your
facility would be regulated by this
action, you should examine the
applicability criteria in 40 CFR 51.1 of
the proposed amendments. If you have
any questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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B. What Should I Consider As I Prepare
My Comments for EPA?
1. Expedited Review. To expedite
review of your comments by Agency
staff, you are encouraged to send a
separate copy of your comments, in
addition to the copy you submit to the
official docket, to Bill Kuykendal, U.S.
EPA, Office of Air Quality Planning and
Standards, Emissions Monitoring and
Analysis Division, Mail Code D205–01,
Research Triangle Park, NC 27711,
telephone (919) 541–5372, e-mail
kuykendal.bill@epa.gov.
2. Submitting CBI. Do not submit CBI
to EPA through www.regulations.gov or
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e-mail. Clearly mark the part or all of
the information that you claim to be
CBI. For CBI information in a disk or CD
ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Send or deliver information identified
as CBI only to the following address:
Roberto Morales, U.S. EPA, Office of Air
Quality Planning and Standards, Mail
Code C404–02, Research Triangle Park,
NC 27711, telephone (919) 541–0880, email at morales.roberto@epa.gov,
Attention Docket ID No. OAR–2004–
0489.
3. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions—The agency
may ask you to respond to specific
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questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
C. Where Can I Get a Copy of This
Document and Other Related
Information?
In addition to being available in the
docket, an electronic copy of today’s
proposed amendments is also available
on the Worldwide Web (WWW) through
the Technology Transfer Network
(TTN). Following the Administrator’s
signature, a copy of the proposed
amendments will be placed on the TTN
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at https://www.epa.gov/ttn/chief. The
TTN provides information and
technology exchange in various areas of
air pollution control. If more
information regarding the TTN is
needed, call the TTN HELP line at (919)
541–5384. A copy of the proposed
amendments and fact sheet will also be
posted at https://www.epa.gov/
interstateairquality.
D. Will There Be a Public Hearing?
The EPA will hold a public hearing
on today’s proposal only if requested by
February 2, 2006. The request for a
public hearing should be made in
writing and addressed to Bill Kuykendal
at U.S. EPA, Office of Air Quality
Planning and Standards, Emissions
Monitoring and Analysis Division, Mail
Code D205–01, Research Triangle Park,
NC 27711. The hearing, if requested,
will be held on a date and at a place
published in a separate Federal Register
notice.
E. How Is This Document Organized?
The information presented in this
preamble is organized as follows:
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I. General Information
II. Background
A. Existing Emissions Reporting
Requirements
B. Proposed Emissions Reporting
Requirements
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health and
Safety Risks
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
II. Background
In today’s action, the Air Emissions
Reporting Requirements (AERR) rule,
EPA is proposing to amend the emission
inventory reporting requirements in 40
CFR part 51, subpart A and in 40 CFR
51.122. In a related action to today’s
proposed amendments, EPA has
promulgated the Clean Air Interstate
Rule (CAIR). The EPA believes that it is
essential that achievement of the
emissions reductions required by the
CAIR be verified on a regular basis.
Emissions reporting is the principal
mechanism to verify these reductions
and to assure the downwind affected
States and EPA that the ozone and
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particulate matter (PM) less than or
equal to 2.5 micrometers (PM2.5)
transport problems are being mitigated
as required by the CAIR. To this end,
EPA has promulgated limited new
emissions reporting requirements for
States under the CAIR. However, in the
CAIR, we explained that there are
additional reporting requirements that
we believe are important and did not
finalize under the CAIR. We are
proposing these requirements in today’s
action. The proposed amendments
would also remove or simplify some
current emissions reporting
requirements which we believe are not
necessary or appropriate, for reasons
explained below.
Because we are proposing to
consolidate and harmonize the new
emissions reporting requirements
proposed today with two pre-existing
sets of emissions reporting
requirements, we review in today’s
action the purpose, authority, and
history of emissions reporting
requirements in general.
Emissions inventories are critical for
the efforts of State, local, and Federal
agencies to attain and maintain the
national ambient air quality standards
(NAAQS) that EPA has established for
criteria pollutants such as ozone, PM,
and carbon monoxide (CO). Pursuant to
its authority under sections 110 and 172
of the CAA, EPA has long required State
implementation plans (SIPs) to provide
for the submission by States to EPA of
emissions inventories containing
information regarding the emissions of
criteria pollutants and their precursors
(e.g., volatile organic compounds
(VOC)). The EPA codified these
requirements in subpart Q of 40 CFR
part 51 in 1979 and amended them in
1987.
The 1990 Amendments to the CAA
revised many of the provisions of the
CAA related to the attainment of the
NAAQS and the protection of visibility
in Class I areas. These revisions
established new periodic emissions
inventory requirements applicable to
certain areas that were designated
nonattainment for certain pollutants.
For example, section 182(a)(3)(A)
required States to submit an emissions
inventory every 3 years for ozone
nonattainment areas beginning in 1993.
Similarly, section 187(a)(5) required
States to submit an inventory every 3
years for CO nonattainment areas. The
EPA, however, did not immediately
codify these statutory requirements in
the CFR, but simply relied on the
statutory language to implement them.
In 1998, EPA promulgated the NOX
SIP Call which requires the affected
States and the District of Columbia to
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submit SIP revisions providing for
nitrogen oxides (NOX) reductions to
reduce their adverse impact on
downwind ozone nonattainment areas.
(See 63 FR 57356, October 27, 1998). As
part of that rule, codified in 40 CFR
51.122, EPA established emissions
reporting requirements to be included in
the SIP revisions required under that
action.
Another set of emissions reporting
requirements, termed the Consolidated
Emissions Reporting Rule (CERR), was
promulgated by EPA in 2002, and is
codified at 40 CFR part 51, subpart A.
(See 67 FR 39602, June 10, 2002). These
requirements replaced the requirements
previously contained in subpart Q,
expanding their geographic and
pollutant coverages while simplifying
them in other ways.
The principal statutory authority for
the emissions inventory reporting
requirements outlined in this preamble
is found in CAA section 110(a)(2)(F),
which provides that SIPs must require
‘‘as may be prescribed by the
Administrator * * * (ii) periodic
reports on the nature and amounts of
emissions and emissions-related data
from such sources.’’ Section 301(a) of
the CAA provides authority for EPA to
promulgate regulations under this
provision.1
A. Existing Emissions Reporting
Requirements
At present, the emissions reporting
requirements applicable to States are
contained in two different locations:
subpart A of 40 CFR part 51 (the CERR)
and 40 CFR 51.122 in subpart G (the
NOX SIP Call reporting requirements).
This proposed action would consolidate
these sections, with modifications as
described below. The proposed
modifications are intended to achieve
the additional reporting needed to verify
the reductions required by the CAIR;
harmonize, reduce, and simplify the
emissions reporting requirements; and
make emissions reporting requirements
easier.
Under the NOX SIP Call requirements
in 40 CFR 51.122, emissions of NOX for
a defined 5-month ozone season (May 1
through September 30) from sources
that the State has subjected to emissions
control to comply with the requirements
of the NOX SIP Call are required to be
1 Other CAA provisions relevant to these
proposed amendments include section 172(c)(3)
(provides that SIPs for nonattainment areas must
include comprehensive, current inventory of actual
emissions, including periodic revisions); section
182(a)(3)(A) (emissions inventories from ozone
nonattainment areas); and section 187(a)(5)
(emissions inventories from CO nonattainment
areas).
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reported by the affected States to EPA
every year. However, emissions of
sources reporting directly to EPA as part
of the NOX trading program are not
required to be reported by the State to
EPA every year. The affected States are
also required to report ozone season
emissions and typical summer day
emissions of NOX from all sources every
third year (2002, 2005, etc.) and in 2007.
This triennial reporting process does not
have an exemption for sources
participating in the emissions trading
programs. Section 51.122 requires that a
number of data elements be reported in
addition to ozone season NOX
emissions. These data elements describe
some of the source’s specific physical
and operational parameters.
Emissions reporting under the NOX
SIP Call as first promulgated was
required starting for the emissions
reporting year 2002, the year prior to the
start of the required emissions
reductions. The reports are due to EPA
on December 31 of the calendar year
following the inventory year. For
example, emissions from all sources and
types in the 2002 ozone season were
required to be reported on December 31,
2003. However, because the Court
which heard challenges to the NOX SIP
Call delayed the implementation by one
year to 2004, no State was required to
start reporting until the 2003 inventory
year. In addition, EPA recently
promulgated a rule to subject Georgia
and Missouri to the NOX SIP Call with
an implementation date of 2007. (See 69
FR 21604, April 21, 2004.) For these
States, emissions reporting begins with
2006. The emissions reporting
requirements under the NOX SIP Call
affect the District of Columbia and 20
States.
As noted above, the other set of
emissions reporting requirements is
codified at subpart A of part 51.
Although entitled the CERR, this rule
left in place the separate 40 CFR 51.122
for the NOX SIP Call reporting. The
CERR requirements were aimed at
obtaining emissions information to
support a broader set of purposes under
the CAA than were the reporting
requirements under the NOX SIP Call.
The CERR requirements apply to all
States and include the reporting of all
criteria pollutants and criteria pollutant
precursors.
Like the requirements under the NOX
SIP Call, the CERR requires reporting of
all sources at 3-year intervals (2002,
2005, etc.). It requires reporting of
certain large sources every year.
However, the required reporting date
under the CERR is 5 months later than
under the NOX SIP Call reporting
requirements. Also, emissions must be
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reported by all States for the entire year,
for a typical day in winter, and a typical
day in summer, but not for the 5-month
ozone season as is required by the NOX
SIP Call. Finally, the CERR and the NOX
SIP Call differ in what non-emissions
data elements must be reported.
The final CAIR included three
changes to the above described preexisting emissions reporting
requirements. These requirements are as
follows:
1. The new States that are subject to
the CAIR requirements, but were not
subject to the NOX SIP Call
requirements, are required to report
their NOX emissions for the 5-month
(May 1–September 30) ozone season on
a triennial basis beginning in 2008.
2. The States that are subject to the
CAIR for reasons of PM2.5, must report
to EPA a set of specified data elements
for all sources each year—regardless of
size—subject to new controls adopted
specifically to meet the CAIR
requirements related to PM2.5, unless the
sources participate in an EPAadministered emissions trading
program.
3. The requirement of the NOX SIP
Call for a special all-sources report by
affected States for the year 2007, due
December 31, 2008, was eliminated.
B. Proposed Emissions Reporting
Requirements
Today’s action proposes to further
consolidate the detailed requirements
for emissions reporting by States
entirely into subpart A. The proposed
amendments would also harmonize the
reporting requirements and reduce and
simplify them in several ways. The
major changes included in the proposed
amendments are described below.
Amendments are proposed to subpart
A, which contains 40 CFR 51.1 through
51.50, with conforming amendments to
40 CFR 51.122. The proposed
amendments would also add new tables
to subpart A of part 51.
• In 40 CFR 51.122, we propose to
abolish certain requirements entirely
and to replace certain requirements with
a cross reference to subpart A so that
detailed lists of required data elements
appear only in subpart A. As amended,
40 CFR 51.122 would continue to
specify what pollutants, sources, and
time periods the States subject to the
NOX SIP Call must report and when but
would no longer list the detailed data
elements required for those reports.
• The amended subpart A would list
the detailed data elements as well as
provide information on submittal
procedures, definitions, and other
generally applicable provisions.
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Taken together, the existing emissions
reporting requirements under the NOX
SIP Call, CERR and CAIR are already
rather comprehensive in terms of the
States covered and the information
required. Therefore, the practical impact
of the changes proposed today is to
impose several new requirements and to
accelerate the overall calendar for
emission reporting.
In all States, we are proposing to
expand the definition of what sources
must be reported in point source format,
so that fewer sources would be included
in nonpoint source emissions.2 We are
proposing to base the requirement for
point source format reporting on
whether the source is a major source
under 40 CFR part 70 for the pollutants
for which reporting is required, i.e., for
CO, VOC, NOX, sulfur dioxide (SO2),
PM2.5, PM10, and ammonia but without
regard to emissions of hazardous air
pollutants. Currently, the requirement
for point source reporting is based on
thresholds of actual emissions in the
year of the inventory report. While it
has always been an option for States to
include all such sources, and we know
that some States already do, this change
may require more sources to be reported
as point sources every 3rd year. Affected
States will continue to report their
actual emissions. The new approach
would make it possible to better track
changes in source emissions,
shutdowns, and startups over time.
Because States have an existing list of
sources based on 40 CFR part 70
requirements, this approach would
result in a more stable universe of
reporting point sources, which in turn
would facilitate elimination of overlaps
and gaps in estimating point source
emissions, as compared to nonpoint
source emissions. Under this proposal,
States would know well in advance of
the start of the inventory year which
sources would need to be reported. We
are proposing that these new
requirements begin with the 2008
inventory year, the report for which
would be due to EPA by December 31,
2009.
2 We use the term ‘‘nonpoint source’’ to refer to
a stationary source that is treated for inventory
purposes as part of an aggregated source category
rather than as an individual facility. In the existing
subpart A of part 51, such emissions sources are
referred to as ‘‘area sources.’’ However, the term
‘‘area source’’ is used in section 112 of the CAA to
indicate a non-major source of hazardous air
pollutants, which could be a point source. As
emissions inventory activities increasingly
encompass both NAAQS-related pollutants and
hazardous air pollutants, the differing uses of ‘‘area
source’’ can cause confusion. Accordingly, EPA
proposes to substitute the term ‘‘nonpoint source’’
for the term ‘‘area source’’ in subpart A and in
§ 51.122 to avoid confusion.
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We received a number of comments
on this provision regarding point source
format reporting when it was made in
the CAIR supplemental proposal. The
majority of comments supported
changing the definition of a point source
for reporting purposes to that in 40 CFR
part 70. Some comments in opposition
to the supplemental proposal appear to
have been based on the impression that
EPA was proposing reporting of
potential rather than actual emissions,
which was not the case. While the status
as a major source depends on potential
to emit, a State must report actual
emissions.
In addition to the new requirements,
several proposed changes would alter
existing reporting requirements on
States or provide them with additional
options. These proposed changes are
summarized in units II.B.1 through
II.B.9 of this preamble.
1. Harmonizing Report Due Dates
The NOX SIP Call rule required the
affected States to submit emissions
inventory reports for a given ozone
season to EPA by December 31 of the
following year. The CERR requires
similar but not identical reports from all
States by the following June 1, five
months later. The EPA believes that
harmonizing these dates would be
efficient for both States and EPA. We are
proposing to move the June 1, reporting
requirement to the previous December
31. The first reports due under this
proposal would be for the year 2008 to
be reported by December 31, 2009. We
are soliciting comment on an alternative
of requiring that point sources be
reported on December 31 and other
sources on June 1. This approach would
eliminate the problem of States having
to make two submissions for point
sources within a 5-month period and
would result in a more timely
submission of the emissions information
for point sources. A more timely
submission would be particularly useful
for point sources because point sources
generally are the primary subject of
control measures in SIPs. The later June
1 submission date for nonpoint sources
and mobile sources would allow more
time for estimating these emissions
sources, which in some cases may
require vehicle miles traveled or
business activity data that are not
available in time for a December 31
submission. In addition, estimating
emissions of some types of nonpoint
sources requires prior knowledge of
emissions and activity levels at point
sources of the same industrial type;
therefore, it may make sense to stagger
the submission deadlines for the
different sources.
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The EPA solicited comments on a
similar provision in the CAIR
supplemental proposal. Here, the EPA
proposed to harmonize the dates for
both the NOX SIP Call and the CERR at
17 months but asked for comments on
a 12 month due date. Several comments
were received, all favoring harmonizing
the report due date at 17 months.
Nonetheless, EPA believes that
shortening the reporting cycle to 12
months is possible and desirable. EPA’s
ultimate goal is to complete the NEI
within 12 months of the end of a
calendar year. This is consistent with
recommendations made by external
groups (e.g., NARSTO’s Improving
Emission Inventories for Effective Air
Quality Management Across North
America https://www.cgenv.com/Narsto/
EmissionInventory.html). Meeting this
goal will require a reporting due date
even early than 12 months. However,
since the current reporting due date for
the NEI is 17 months, a phased
approach with a due date of 12 months
for the 2008 NEI and earlier due dates
in subsequent cycles is appropriate.
EPA is confident that States can meet
report due dates of 12 months or earlier.
To demonstrate this, EPA is currently
working with 10 State and local
agencies on the Rapid Inventory
Development Pilot. Under this pilot
project EPA has received 2004 emission
estimates from half of the participating
State and local agencies by the end of
October 2005 (10 months after the end
of the year being inventoried). EPA will
issue a report on the results of this pilot
study.
2. Accelerating Report Due Dates
The EPA believes that the public is
best served by making environmental
information available as soon as
possible. Therefore, we are proposing
that the reporting schedule be further
accelerated for the triennial year 2011
and all following years by requiring that
point sources be reported within 6
months from the end of the calendar
year, i.e., by June 30 of the following
year. Reporting on all other sources
would be required within 12 months,
i.e., by December 31 of the following
year. There is precedent for requiring
reporting of point source emissions data
within 6 months. Beginning with the
year 1979, States were required, under
subpart Q, to report point source
emissions data within 6 months.
Moreover, we believe that modern webbased source reporting systems will be
able to greatly shorten the time it takes
States to get emissions reports from
sources. We invite comment on
alternative reporting schedules from 6 to
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12 months for point sources and from 12
to 17 months for all other sources.
3. Reporting Biogenic Emissions
We are proposing to remove a
requirement in the existing CERR for
reporting annual and typical ozone
season day biogenic emissions. Biogenic
emissions are estimated by a computer
model using meteorological and land
use/land cover data as inputs. Because
EPA can develop these data inputs
directly without having them reported
by State, local and Tribal agencies, we
believe the requirement for reporting
biogenic emissions serves no useful
purpose. This change does not affect our
expectation that biogenic emissions be
appropriately considered in ozone and
PM2.5 attainment demonstrations.
We received a number of comments
on this provision when it was made in
the CAIR supplemental proposal. All of
the comments were in favor of
eliminating the biogenic emissions
reporting requirement. The EPA is
reproposing this change to allow for the
maximum opportunity for public
comment.
4. Reporting Emission Model Inputs
We are proposing a new provision
which would allow States the option of
providing emissions inventory
estimation model inputs in lieu of
actual emissions estimates, for source
categories for which prior to the
submission deadline EPA develops or
adopts suitable emissions inventory
estimation models and by guidance
defines their necessary inputs. This
provision would allow source reporting
to take advantage of new emissions
estimation tools for greater efficiency,
although the States would continue to
be required to provide inputs
representative of their conditions. If
States choose to use this option, EPA
will run the emissions model(s) to
calculate emissions and will enter the
emissions data into the appropriate data
base. We propose that this option would
be available starting with the reports on
2005 emissions. Furthermore, we invite
comment on whether States should be
required to provide model inputs for
source categories for which they have
utilized a widely available emissions
model, to improve the transparency of
the emission estimates themselves and
the overall utility of the submissions in
meeting the objectives of the emissions
reporting requirements. For example,
such inputs would better allow EPA to
project future emissions.
We received several comments on this
provision in the CAIR supplemental
proposal. Most of the comments were in
favor of allowing the option of reporting
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model inputs in lieu of the estimated
emissions from the models. However,
most of the commenters did not want
the reporting of model inputs to become
a reporting requirement. Therefore, EPA
is reproposing this change to create a
State option and inviting comment on
making submission of inputs a
requirement to allow for the maximum
opportunity for public comment.
5. Reporting Summer Day Emissions
We are proposing to retain the
requirement for reporting of summer
day emissions from all sources (except
biogenic sources) at 3-year intervals, but
to restrict it to only States with ozone
nonattainment areas or States covered
by the NOX SIP Call or CAIR. The NOX
SIP Call requires the reporting of only
NOX emissions for a typical summer
day, while the CERR requires the
reporting of all criteria pollutants. We
propose to restrict the summer day
emissions reporting requirement to VOC
and NOX emissions, but we invite
comment on whether CO emissions
should be required also.
We received several comments on this
provision when it was made in the CAIR
supplemental proposal. Two of the
comments supported retaining the
requirement that summer day emissions
be reported as required by the CERR.
Two of the comments supported EPA’s
proposed revision to the CERR
requirement. One State commented that
EPA should not require statewide
reporting of summer day emissions,
unless it could be demonstrated that
these emissions contributed to
nonattainment within the State or in
other States. The EPA is reproposing
this change to allow for the maximum
opportunity for public comment.
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6. Reporting Winter Work Week Day
Emissions
We are proposing to delete the
existing requirement that all States
report emissions for a winter work week
day. This requirement was originally
aimed at tracking progress towards
attainment of the CO NAAQS. We
believe applying this requirement to all
States is no longer warranted given that
CO violations are currently observed in
few areas. We believe we can work
directly with the few remaining affected
States to monitor efforts to attain the CO
NAAQS without requiring formal
submission of CO inventories.
We received several comments on this
provision in the CAIR supplemental
proposal. All of the comments were in
favor of eliminating the requirement to
report emissions for a winter work week
day. The EPA is reproposing this change
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to allow for the maximum opportunity
for public comment.
7. New Data Elements
We are proposing to add several
required data elements to the existing
rule. These are contact name, contact
phone number, emission release point
type, control status, emission type, and
method accuracy description (MAD)
codes.
The contact name and phone number
are for the lead contact in the
organization submitting the data and are
needed to ensure that EPA knows who
to contact if issues arise with a data
submission.
The emission release point type is a
code for the physical configuration of
the emission release point (e.g., vertical
stack, fugitive, etc.). It is needed to
correctly model how emissions are
released into the atmosphere.
The control status is a code that
represents whether emissions reported
are controlled or uncontrolled. It is
needed to correctly project future
emissions and to correctly evaluate the
impact of emission control programs.
While data elements related to control
equipment are already required, they are
not adequate since some control
approaches do not involve physical
equipment, for example low solvent
coatings. We also invite comment on
whether with this addition the current
data elements that describe emissions
control equipment type and efficiency
are adequate. We believe it is important
for States to report on the manner in
which sources are currently controlled
so that opportunities for developing
control strategies and regulatory
development can be assessed, but the
existing data elements may not be
adequate and appropriate for that
purpose. The present data elements
related to control measures are primary
control efficiency, secondary control
efficiency, control device type, and rule
effectiveness for point sources; and total
capture/control efficiency, rule
effectiveness, and rule penetration for
nonpoint sources and nonroad mobile
sources.3
We received a few comments on this
provision when it was made in the CAIR
supplemental proposal. One commenter
said that current data elements were not
adequate to fully characterize control
efficiencies but did not suggest any
specific changes. Other commenters
were concerned about reporting burden
and opposed the addition of any further
3 Additional information on emissions data
elements and the formats and valid codes presently
in use for State reporting to EPA is available on the
EPA Web site https://www.epa.gov/ttn/chief/nif/
index.html.
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reporting requirements. The EPA is
reproposing this change to allow for the
maximum opportunity for public
comment.
The emission type is a code
describing the temporal period of
emissions reported (e.g., annually, daily,
etc.). It is needed to ensure that
emissions estimates are used properly.
The method accuracy (MAD) codes
are codes that provide information
about geographic coordinates including
the collection method, accuracy, and
other descriptors. We are proposing
adding the MAD codes to this rule
because EPA’s Latitude/Longitude Data
Standard 4 requires their collection
when latitude and longitude are
collected. The MAD codes are
horizontal collection method code,
horizontal accuracy measure, horizontal
reference datum code, reference point
code, source map scale number, and
coordinate data source code. The EPA
believes that many States will be able to
report these codes based on existing
information. However, in the event that
the information needed to report these
codes is not available, States will not be
required to do additional work since
there is a code ‘‘don’t know.’’
8. Identification of New Emissions
Related Data Requirements
We invite comment on whether or not
additional emissions related data should
be required. Commenters may choose to
discuss how the reporting of new or
currently required data may improve the
accuracy, consistency and reliability of
emissions inventories. If new emissions
related data requirements are identified
by commenters, then EPA may choose
to issue a supplemental proposal for
these proposed amendments detailing
specific requirements. The EPA urges
commenters who wish to suggest other
data elements to comment to that effect
early in the 120-day comment period, so
that EPA has the option of issuing the
supplemental proposal while the 120day comment period is still open.
9. Revisions to Specific Data Elements
The NOX SIP Call rule and the CERR
contain detailed lists of required data
elements in addition to emissions, and
each rule has its own set of definitions.
The two sets of data elements overlap
but are not identical. The NOX SIP Call
rule requires a few more data elements
to be reported and defines some data
4 Environmental Data Registry: Latitude/
Longitude Standard. 2000. U.S. Environmental
Protection Agency. December 11, 2000. https://
oasspub.epa.gov/edr/edr_proc_qry.navigate?P_
LIST_OPTION_CD=CSDIS&P_
REG_AUTH_IDENTIFIER=1&P_
DATA_IDENTIFIER=19939&P_VERSION=1.
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elements differently than the CERR. The
EPA has reviewed both lists in light of
more recent experiences and insight
into the difficulty States face in
collecting and submitting these data
elements and their utility to EPA, other
States, and other users. We are
proposing to combine the separate lists
of required elements into a single new
list of required data elements. A few
data elements from the NOX SIP Call are
proposed to be eliminated. The NOX SIP
Call data elements that we are proposing
to eliminate are: ‘‘Area Designation,’’
‘‘Federal ID code (plant),’’ ‘‘Federal ID
code (point),’’ ‘‘Federal ID code
(process),’’ ‘‘Federal ID code (stack
number),’’ ‘‘Maximum design rate,’’
‘‘Work weekday emissions,’’ ‘‘Secondary
control efficiency,’’ ‘‘Source of fuel heat
content data,’’ ‘‘Source of activity/
throughput data,’’ ‘‘Source of emission
factor’’ and ‘‘Source of emissions data.’’
We propose that these relatively minor
changes become applicable starting with
the first required emissions reports
following the promulgation of the final
amendments.
There are a number of data elements
required in the proposed amendments
on which we invite comment as to
whether they should be dropped in the
final amendments. These are heat
content (fuel), ash content (fuel), sulfur
content (fuel) for fuels other than coal,
activity/throughput, hours per day in
operation, days per week in operation,
weeks per year in operation, and start
time in the day. These data elements
have been carried forward from
emissions reporting systems dating back
many years. We believe it is appropriate
to take comment on their current
usefulness and sufficiency.
We received several comments in
response to this invitation for comments
when it was made in the CAIR
supplemental proposal. In general, the
comments opposed eliminating these as
required data elements. Therefore, EPA
is reproposing this change to allow for
the maximum opportunity for public
comment.
At present, States are required to
report three particular data elements for
point source stacks: Stack diameter, exit
gas velocity, and exit gas flow rate. This
is a redundant requirement since any
one of these can be calculated from the
other two. We invite comment on which
if any of these data elements to drop
from the required list. Our preference
would be to collect the data element
that is most closely tied to an actual
operating measurement. Alternatively,
we may allow States to report either exit
gas flow or exit gas velocity, at their
option.
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We received several comments on this
provision when it was made in the CAIR
supplemental proposal. In general, the
comments favored the elimination of
one of these as a required data element.
The EPA is reproposing this change to
allow for the maximum opportunity for
public comment.
Finally, we propose to modify 40 CFR
51.35 to provide that if States obtain
one-third of their necessary emissions
estimates from point sources and/or
prepare one-third of their nonpoint or
mobile source emissions estimates each
year on a rolling basis, they should
submit their data as a single package on
the required every 3rd year submission
date. The current requirement allows
States to report these partial emissions
estimates annually as they are
completed. Our proposal requires that
States accumulate all three years of
work and then make a single data
submission by the due date for the
trienniel emission inventory year.
We received two comments on this
provision when it was made in the CAIR
supplemental proposal. The comments
indicated that additional information is
needed to better understand why EPA
believes that this change is beneficial.
The EPA believes that a single
submission would allow States to
correct and/or update data prior to
submitting it to EPA thereby facilitating
a more consistant data set. A single
submission would also make it more
efficient for EPA to quality assure the
complete data set rather than doing it on
a piecemeal basis. There would also be
increased efficiencies in resolving any
identified discrepancies with the States.
Therefore, EPA is reproposing this
change to allow for the maximum
opportunity for public comment.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), we must
determine whether the regulatory action
is ‘‘significant’’ and therefore subject to
review by the Office of Management and
Budget (OMB) and to the requirements
of the Executive Order. The Executive
Order defines a ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
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(2) create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
Under the terms of Executive Order
12866, it has been determined that this
regulatory action is a ‘‘significant
regulatory action’’ because it raises
novel legal or policy issues. As such,
this action was submitted to OMB for
Executive Order 12866 review. Changes
made in response to OMB suggestions or
recommendations will be documented
in the public record.
B. Paperwork Reduction Act
The information collection
requirements in the proposed
amendments have been submitted for
approval to the OMB under the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. The information collection
request (ICR) document prepared by
EPA has been assigned EPA ICR number
2170.01.
The information collection
requirements in the proposed
amendments are based on the existing
Emission Inventory Reporting
Requirements in 40 CFR part 51,
subparts A and G. In general, these
provisions require each State to compile
a statewide inventory of emissions of
certain criteria pollutants at least every
3 years for all point, nonpoint, and
mobile sources. The information
collection requirements for the existing
inventory reporting requirements have
been approved by OMB under control
number 2060–0088.
The information collection
requirements in the proposed
amendments are mandatory for all
States and territories (excluding tribal
governments). These requirements are
authorized by section 110(a) of the CAA.
The reported emissions data are used by
EPA to develop and evaluate State,
regional, and national control strategies;
to assess and analyze trends in criteria
pollutant emissions; to identify
emission and control technology
research priorities; and to assess the
impact of new or modified sources
within a geographic area. The emission
inventory data are also used by States to
develop, evaluate, and revise their SIP.
The proposed amendments would
add new reporting requirements and
would combine these new requirements
with existing requirements from the
CAIR, CERR, NOX SIP Call, and the
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Acid Rain Program. Each of these four
existing rules has an approved ICR. The
current ICRs are: For the CAIR, ICR No.
2152.01; for the CERR, ICR No. 0916.10;
for the NOX SIP Call, ICR No. 1857; and
for the Acid Rain Program, ICR No.
1633.13.
The proposed changes would reduce
the information collection burden for
each of the 104 respondents by about 13
labor hours per year from current levels.
The annual average reporting burden for
this collection (averaged over the first 3
years of this ICR) is estimated to
decrease by a total of 1,373 labor hours
per year with a decrease in costs of
$47,450. From the perspective of the
sources reporting to the States, EPA
does not believe that there will be any
change in reporting burden resulting
from AERR because the same universe
of sources will be required to report to
the States. No capital/startup costs or
operation and maintenance costs for
monitoring equipment are attributable
to the proposed amendments. The only
costs associated with the proposed
amendments are labor hours associated
with collection, management, and
reporting of the data through existing
systems.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR part 51 are listed in 40 CFR part 9.
To comment on the Agency’s need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, including the use of
automated collection techniques, EPA
has established a public docket for the
proposed rule, which includes this ICR,
under Docket ID number OAR–2004–
0489. Submit any comments related to
the ICR for these proposed amendments
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to EPA and OMB. See the ADDRESSES
section at the beginning of this notice
for where to submit comments to EPA.
Send comments to OMB at the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC
20503, Attention: Desk Office for EPA.
Since OMB is required to make a
decision concerning the ICR between 30
and 60 days after January 3, 2006, a
comment to OMB is best assured of
having its full effect if OMB receives it
by February 2, 2006. The final
amendments will respond to any OMB
or public comments on the information
collection requirements contained in
this proposal.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small not-forprofit enterprises, and small
governmental jurisdictions.
For the purposes of assessing the
impacts of today’s proposed
amendments on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration; (2) a government
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and that is not
dominant in its field.
After considering the economic
impacts of today’s proposed
amendments on small entities, I certify
that this action will not have a
significant economic impact on a
substantial number of small entities.
This proposed rule will not impose any
requirements on small entities. This
action primarily impacts State and local
agencies and does not regulate small
entities. The proposed amendments
would provide States with additional
flexibility in how they collect and report
emissions data. Rather than entering
their emissions data directly, State and
local agencies may choose to report the
inputs to certain emissions models. We
continue to be interested in the
potential impacts of the proposed rule
on small entities and welcome
comments on issues related to such
impacts.
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D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may result
in expenditures to State, local, and
Tribal governments, in the aggregate, or
to the private sector, of $100 million or
more in any 1 year. Before promulgating
an EPA rule for which a written
statement is needed, section 205 of the
UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including Tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
The EPA has determined that the
proposed amendments do not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any 1 year. No significant costs are
attributable to the proposed
amendments; in fact, the proposed
amendments are estimated to decrease
costs associated with emissions
inventory reporting. Thus, the proposed
amendments are not subject to the
requirements of sections 202 and 205 of
the UMRA. In addition, the proposed
amendments do not significantly or
uniquely affect small governments
because they contain no requirements
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that apply to such governments or
impose obligations upon them.
Therefore, the proposed amendments
are not subject to section 203 of the
UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999), requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
The proposed amendments do not
have federalism implications. They
would not have substantial direct effects
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 6, 2000), requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
The proposed amendments do not
have Tribal implications. They would
not have substantial direct effects on
Tribal governments, on the relationship
between the Federal government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian Tribes,
as specified in Executive Order 13175.
The Tribal Authority Rule means that
Tribes cannot be required to report their
emissions to us. Thus, Executive Order
13175 does not apply to the proposed
amendments.
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G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045: (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that are based on
health or safety risks, such that the
analysis required under section 5–501 of
the Order has the potential to influence
the regulation. The proposed
amendments are not subject to
Executive Order 13045 because they are
not based on health or safety risks.
List of Subjects in 40 CFR Part 51
Environmental Protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Particulate matter, Regional haze,
Reporting and recordkeeping
requirements, Sulfur dioxide.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
These proposed amendments are not
a ‘‘significant energy action’’ as defined
in Executive Order 13211, (66 FR 28355,
May 22, 2001) because they are not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Further, we believe that the
proposed amendments are not likely to
have any adverse energy effects.
General Information For Inventory
Preparers
Sec.
51.1 Who is responsible for actions
described in this subpart?
51.5 What tools are available to help
prepare and report emissions data?
51.10 How does my State report emissions
that are required by the NOX SIP Call
and the Clean Air Interstate Rule?
I. National Technology Transfer
Advancement Act
Section 112(d) of the National
Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104–113;
15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in its
regulatory activities and procurement
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by one or more voluntary
consensus standards bodies. The
NTTAA requires EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
The proposed amendments do not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
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Dated: December 22, 2005.
Stephen L. Johnson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, part 51 of
the Code of Federal Regulations is
proposed to be amended as follows:
PART 51—[AMENDED]
1. The authority citation for part 51
continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
Subpart A—[Amended]
2. Subpart A is revised to read as
follows:
Subpart A—Air Emissions Reporting
Requirements
Specific Reporting Requirements
51.15 What data does my State need to
report to EPA?
51.20 What are the emission thresholds that
separate point and nonpoint sources?
51.25 What geographic area must my State’s
inventory cover?
51.30 When does my State report which
emissions data to EPA?
51.35 How can my State equalize the
emissions inventory effort from year-toyear?
51.40 In what form and format should my
State report the data to EPA?
51.45 Where should my State report the
data?
51.50 What definitions apply to this
subpart?
Tables to Subpart A of Part 51
Table 1 to Subpart A of Part 51. Emission
Thresholds by Pollutant (tpy1) for
Treatment of Point Sources as Type A
Under 40 CFR 51.30
Table 2a to Subpart A of Part 51. Data
Elements For Reporting on Emissions from
Point Sources, Where Required by 40 CFR
51.30
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
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Table 2c to Subpart A of Part 51. Data
Elements For Reporting on Emissions from
Onroad Mobile Sources, Where Required
by 40 CFR 51.30
Subpart A—Air Emissions Reporting
Requirements General Information for
Inventory Preparers
§ 51.1 Who is responsible for actions
described in this subpart?
States must inventory emission
sources located on non-tribal lands and
report this information to EPA.
§ 51.5 What tools are available to help
prepare and report emissions data?
We urge your State to use estimation
procedures described in documents
from the Emission Inventory
Improvement Program (EIIP). These
procedures are standardized and ranked
according to relative uncertainty for
each emission estimating technique.
Using this guidance will enable others
to use your State’s data and evaluate its
quality and consistency with other data.
§ 51.10 How does my State report
emissions that are required by the NOX SIP
Call and the Clean Air Interstate Rule?
The District of Columbia and States
that are subject to the NOX SIP Call
(§ 51.121 of this part) are subject to the
emissions reporting provisions of
§ 51.122 of this part. The District of
Columbia and States that are subject to
the Clean Air Interstate Rule are subject
to the emissions reporting provisions of
§ 51.125 of this part. This subpart A
incorporates the pollutants, source, time
periods, and required data elements for
both of these reporting requirements.
Specific Reporting Requirements
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§ 51.15 What data does my State need to
report to EPA?
(a) Pollutants. Report actual emissions
of the following (see Definitions in
§ 51.50 for precise definitions as
required):
(1) Required pollutants for triennial
reports of annual (12-month) emissions
for all sources and every-year reports of
annual emissions from Type A sources:
(i) Sulfur dioxide (SO2).
(ii) Volatile organic compounds
(VOC).
(iii) Nitrogen oxides (NOX).
(iv) Carbon monoxide (CO).
(v) Lead and lead compounds.
(vi) Primary PM2.5. Emissions of
filterable, condensible, and total PM2.5
should be reported, if all are applicable
to the source type.
(vii) Primary PM10. Emissions of
filterable, condensible, and total PM10
should be reported, if all are applicable
to the source type.
(viii) Ammonia (NH3).
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(2) Required pollutants for every-year
reporting of annual (12-month)
emissions for sources controlled to meet
the requirements of § 51.123 of this part:
NOX.
(3) Required pollutants for every-year
reporting of annual (12-month)
emissions of sources controlled to meet
the requirements of § 51.124 of this part:
SO2.
(4) Required pollutants for all reports
of ozone season (5 months) emissions:
NOX.
(5) Required pollutants for triennial
reports of summer day emissions:
(i) NOX.
(ii) VOC.
(6) Required pollutants for every-year
reports of summer day emissions: NOX.
(7) A State may at its option include
in its emissions inventory reports
estimates of emissions for additional
pollutants such as other pollutants
listed in paragraph (a)(1) of this section
or hazardous air pollutants.
(b) Sources. Emissions should be
reported from the following sources in
all parts of the State, excluding sources
located on Tribal lands:
(1) Point.
(2) Nonpoint.
(3) Onroad mobile.
(4) Nonroad mobile.
(c) Supporting information. You must
report the data elements in Tables 2a
through 2c to subpart A of this part. We
may ask you for other data on a
voluntary basis to meet special
purposes.
(d) Confidential data. We do not
consider the data in Tables 2a through
2c to subpart A of this part confidential,
but some States limit release of this type
of data. Any data that you submit to
EPA under this subpart will be
considered in the public domain and
cannot be treated as confidential. If
Federal and State requirements are
inconsistent, consult your EPA Regional
Office for a final reconciliation.
(e) Option to Submit Inputs to
Emission Inventory Estimation Models
in Lieu of Emission Estimates. For a
given reporting year, EPA may allow
States to submit comprehensive input
values for models capable of estimating
emissions from a certain source type on
a national scale, in lieu of submitting
the emission estimates otherwise
required by this subpart.
§ 51.20 What are the emission thresholds
that separate point and nonpoint sources?
(a) All anthropogenic stationary
sources must be included in your
inventory as either point or nonpoint
sources.
(b) Sources which meet the definition
of point source in this subpart must be
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reported as point sources. All pollutants
specified in § 51.15(a) of this section
must be reported for point sources, not
just the pollutant(s) which qualify the
source as a point source.
(c) If your State has lower emission
reporting thresholds for point sources
than paragraph (b) of this section, then
you may use these in reporting your
emissions to EPA.
(d) All stationary sources that are not
subject to reporting as point sources
must be reported as nonpoint sources.
This includes wild fires and prescribed
fires. Episodic wind-generated
particulate matter (PM) emissions from
sources that are not major sources may
be excluded, for example dust lifted by
high winds from natural or tilled soil.
Emissions of nonpoint sources may be
aggregated to the county level, but must
be separated and identified by source
classification code (SCC). Nonpoint
source categories or emission events
reasonably estimated by the State to
represent a de minimis percentage of
total county and State emissions of a
given pollutant may be omitted.
§ 51.25 What geographic area must my
State’s inventory cover?
Because of the regional nature of these
pollutants, your State’s inventory must
be statewide, regardless of any area’s
attainment status.
§ 51.30 When does my State report which
emissions data to EPA?
All States are required to report two
basic types of emission inventories to
EPA: Every-year Cycle Inventory; and
Three-year Cycle Inventory. The sources
and pollutants to be reported vary
among States.
(a) Every-year cycle. See Tables 2a,
2b, and 2c to subpart A of this part for
the specific data elements to report
every year.
(1) All States are required to report
every year the annual (12-month)
emissions of all pollutants listed in
§ 51.15(a)(1) from Type A (large) point
sources, as defined in Table 1 to subpart
A of this part. The first every-year cycle
inventory will be for the year 2008 and
must be submitted to EPA within 12
months, i.e., by December 31, 2009. The
same 12-month reporting sequence will
apply for the every-year cycle
inventories for the years 2009 and 2010,
i.e., these inventories must be reported
to EPA by December 31, 2010 and
December 31, 2011, respectively.
Beginning with the year 2011 and for all
subsequent every-year cycle inventories,
the inventories will be due 6 months
following the end of the reporting year,
i.e., the 2011 inventory must be reported
to EPA by June 30, 2012.
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(2) States subject to §§ 51.123 and
51.125 of this part are required to report
every year the annual (12-month)
emissions of NOX from any point,
nonpoint, onroad mobile, or nonroad
mobile source for which the State
specified control measures in its State
Implementation Plan (SIP) submission
under § 51.123 of this part. This
requirement begins with the 2009
inventory year. This requirement does
not apply to any State subject to
§ 51.123 of this part solely because of its
contribution to ozone nonattainment in
another State.
(3) States subject to §§ 51.124 and
51.125 of this part are required to report
every year the annual (12-month)
emissions of SO2 from any point,
nonpoint, onroad mobile, or nonroad
mobile source for which the State
specified control measures in its SIP
submission under § 51.124 of this part.
This requirement begins with the 2009
inventory year.
(4) States subject to §§ 51.123 and
51.125 of this part are required to report
every year the ozone season emissions
of NOX and summer day emissions of
NOX from any point, nonpoint, onroad
mobile, or nonroad mobile source for
which the State specified control
measures in its SIP submission under
§ 51.123 of this part. This requirement
begins with the 2009 inventory year.
This requirement does not apply to any
State subject to § 51.123 of this part
solely because of its contribution to
PM2.5 nonattainment in another State.
(5) States subject to the emission
reporting requirements of § 51.122 of
this part (the NOX SIP Call) are required
to report every year the ozone season
emissions of NOX and summer day
emissions of NOX from any point,
nonpoint, onroad mobile, or nonroad
mobile source for which the State
specified control measures in its SIP
submission under § 51.121(g) of this
part. This requirement begins with the
inventory year prior to the year in
which compliance with the NOX SIP
Call requirements is first required.
(6) If sources report SO2 and NOX
emissions data to EPA in a given year
pursuant to a trading program approved
under § 51.123(o) or § 51.124(o) of this
part or pursuant to the monitoring and
reporting requirements of 40 CFR part
75, then the State need not provide
annual reporting of the pollutants to
EPA for such sources. If SO2 and NOX
are the only pollutants required to be
reported for the source for the given
calendar year and emissions period
(annual, ozone season, or summer day),
all data elements for the source may be
omitted from the State’s emissions
report for that period. We will make
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both the raw data submitted by sources
to the trading programs and summary
data available to any State that chooses
this option.
(7) In years which are reporting years
under the 3-year cycle, the reporting
required by the 3-year cycle satisfies the
requirements of this paragraph.
(b) Three-year cycle. See Tables 2a, 2b
and 2c to subpart A of this part for the
specific data elements that must be
reported triennially.
(1) All States are required to report for
every 3rd year the annual (12-month)
emissions of all pollutants listed in
§ 51.15(a)(1) from all point sources,
nonpoint sources, onroad mobile
sources, and nonroad mobile sources.
The first 3-year cycle inventory will be
for the year 2008 and must be submitted
to us within 12 months, i.e., by
December 31, 2009. Subsequent 3-year
cycle (2011 and following) inventories
will be due as required in paragraphs
(b)(1)(i) and (ii) of this section:
(i) Point Sources—due six months
after the end of the reporting year, i.e.,
the point source component for the 3year cycle inventory year 2011 must be
reported to EPA by June 30, 2012.
(ii) Nonpoint sources, onroad mobile
sources, and nonroad mobile sources—
due twelve months after the end of the
reporting year, i.e., the nonpoint
sources, onroad mobile sources, and
nonroad mobile sources components for
the 3-year cycle inventory year 2011
must be reported to EPA by December
31, 2012.
(2) States subject to § 51.122 of this
part must report ozone season emissions
and summer day emissions of NOX from
all point sources, nonpoint sources,
onroad mobile sources, and nonroad
mobile sources. The first 3-year cycle
inventory will be for the year 2008 and
must be submitted to EPA within 12
months, i.e., by December 31, 2009.
Subsequent 3-year cycle inventories will
be due as specified under paragraph
(b)(1) of this section.
(3) States subject to §§ 51.123 and
51.125 of this part must report ozone
season emissions of NOX and summer
day emissions of VOC and NOX from all
point sources, nonpoint sources, onroad
mobile sources, and nonroad mobile
sources. The first 3-year cycle inventory
will be for the year 2008 and must be
submitted to us within 12 months, i.e.,
by December 31, 2009. Subsequent 3year cycle inventories will be due as
specified under paragraph (b)(1) of this
section. This requirement does not
apply to any State subject to § 51.123 of
this part solely because of its
contribution to PM2.5 nonattainment in
another State.
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(4) Any State with an area for which
EPA has made an 8-hour ozone
nonattainment designation finding
(regardless of whether that finding has
reached its effective date) must report
summer day emissions of VOC and NOX
from all point sources, nonpoint
sources, onroad mobile sources, and
nonroad mobile sources. The first 3-year
cycle inventory will be for the year 2008
and must be submitted to EPA within 12
months, i.e., by December 31, 2009.
Subsequent 3-year cycle inventories will
be due as specified under paragraph
(b)(1) of this section.
§ 51.35 How can my State equalize the
emissions inventory effort from year to
year?
(a) Compiling a 3-year cycle inventory
means more effort every 3 years. As an
option, your State may ease this
workload spike by using the following
approach:
(1) Each year, collect and report data
for all Type A (large) point sources (this
is required for all Type A point sources).
(2) Each year, collect data for onethird of your nonType A point sources.
Collect data for a different third of these
sources each year so that data has been
collected for all of the nonType A point
sources by the end of each 3-year cycle.
You must save 3 years of data and then
report all of the nonType A point
sources on the 3-year cycle due date.
(3) Each year, collect data for onethird of the nonpoint, nonroad mobile,
and onroad mobile sources. You must
save 3 years of data and then report all
of these data on the 3-year cycle due
date.
(b) For the sources described in
paragraph (a) of this section, your State
will therefore have data from 3
successive years at any given time,
rather than from the single year in
which it is compiled.
(c) If your State chooses the method
of inventorying one-third of your
smaller point sources and 3-year cycle
nonpoint, nonroad mobile, onroad
mobile sources each year, your State
must compile each year of the 3-year
period identically. For example, if a
process hasn’t changed for a source
category or individual plant, your State
must use the same emission factors to
calculate emissions for each year of the
3-year period. If your State has revised
emission factors during the 3 years for
a process that hasn’t changed, resubmit
previous years’ data using the revised
factor. If your State uses models to
estimate emissions, you must make sure
that the model is the same for all 3
years.
(d) If your State needs a new reference
year emission inventory for a selected
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pollutant, your State cannot use these
optional reporting frequencies for the
new reference year.
(e) If your State is a NOX SIP Call
State, you cannot use these optional
reporting frequencies for NOX SIP Call
reporting.
§ 51.40 In what form and format should my
State report the data to EPA?
You must report your emission
inventory data to us in electronic form.
We support specific electronic data
reporting formats and you are required
to report your data in a format
consistent with these. The term format
encompasses the definition of one or
more specific data fields for each of the
data elements listed in Tables 2a, 2b,
and 2c to subpart A of this part; allowed
code values for categorical data fields;
transmittal information; and data table
relational structure. Because electronic
reporting technology continually
changes, contact the EPA Emission
Inventory Group (EIG) for the latest
specific formats. You can find
information on the current formats at
the following Internet address: https://
www.epa.gov/ttn/chief/nif/.
You may also call the air emissions
contact in your EPA Regional Office or
our Info CHIEF help desk at (919) 541–
1000 or e-mail to info.chief@epa.gov.
§ 51.45
data?
Where should my State report the
(a) Your State submits or reports data
by providing it directly to EPA.
(b) The latest information on data
reporting procedures is available at the
following Internet address: https://
www.epa.gov/ttn/chief. You may also
call our Info CHIEF help desk at (919)
541–1000 or e-mail to
info.chief@epa.gov.
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§ 51.50 What definitions apply to this
subpart?
Terms used in this subpart as defined
in this section.
Activity throughput means a
measurable factor or parameter that
relates directly or indirectly to the
emissions of an air pollution source
during the period for which emissions
are reported. Depending on the type of
source category, activity information
may refer to the amount of fuel
combusted, raw material processed,
product manufactured, or material
handled or processed. It may also refer
to population, employment, or number
of units. Activity information is
typically the value that is multiplied
against an emission factor to generate an
emissions estimate.
Annual emissions means actual
emissions for a plant, point, or
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process—measured or calculated that
represent a calendar year.
Ash content means inert residual
portion of a fuel.
Contact name means the complete
name of the contact person, including
first name, middle name or initial, and
surname. Lead contact for the
organization transmitting the data set.
Contact phone number means the
phone number for the contact name.
Control device type means the name
of the type of control device (e.g., wet
scrubber, flaring, or process change).
Control status means an indication of
whether reported emissions are
controlled or uncontrolled.
Day/wk in operations means days per
week that the emitting process operates
averaged over the inventory period.
Design capacity means a measure of
the size of a point source, based on the
reported maximum continuous
throughput or output capacity of the
unit. For a boiler, design capacity is
based on the reported maximum
continuous steam flow, usually in units
of million BTU per hour.
Emission factor means the ratio
relating emissions of a specific pollutant
to an activity or material throughput
level.
Emission release point type means the
code for physical configuration of the
release point.
Emission type means the code
describing temporal designation of
emissions reported, i.e., Entire Period,
Average Weekday, etc.
Exit gas flow rate means the numeric
value of stack gas’s flow rate.
Exit gas temperature means the
numeric value of an exit gas stream’s
temperature.
Exit gas velocity means the numeric
value of an exit gas stream’s velocity.
Facility ID codes means the unique
codes for a plant or facility treated as a
point source, containing one or more
pollutant-emitting units. The EPA’s
reporting format for a given reporting
year may require several facility ID
codes to ensure proper matching
between data bases, e.g., the State’s own
current and most recent facility ID
codes, the EPA-assigned facility ID
codes, and the ORIS (Department of
Energy) ID code if applicable.
Fall throughput (percent) means part
of the throughput for the three Fall
months (September, October,
November). This expresses part of the
annual activity information based on
four seasons—typically spring, summer,
fall, and winter. It can be a percentage
of the annual activity (e.g., production
in summer is 40 percent of the year’s
production) or units of the activity (e.g.,
out of 600 units produced, spring = 150
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units, summer = 250 units, fall = 150
units, and winter = 50 units).
FIPS Code. Federal Information
Placement System (FIPS) is the system
of unique numeric codes the
government developed to identify
States, counties and parishes for the
entire United States, Puerto Rico, and
Guam.
Heat content means the amount of
thermal heat energy in a solid, liquid, or
gaseous fuel, averaged over the period
for which emissions are reported. Fuel
heat content is typically expressed in
units of Btu/lb of fuel, Btu/gal of fuel,
joules/kg of fuel, etc.
Hr/day in operations means the hours
per day that the emitting process
operates averaged over the inventory
period.
Inventory end date means the last day
of the inventory period.
Inventory start date means the first
day of the inventory period.
Inventory type means a code
indicating whether the inventory
submission includes emissions of
hazardous air pollutants.
Inventory year means the calendar
year for which you calculated emissions
estimates.
Lead (Pb) means lead as defined in 40
CFR 50.12. Lead should be reported as
elemental lead and its compounds.
Maximum nameplate capacity means
a measure of the size of a generator
which is put on the unit’s nameplate by
the manufacturer. The data element is
reported in megawatts or kilowatts.
Method accuracy description (MAD)
codes means a set of six codes used to
define the accuracy of latitude/
longitude data for point sources. The six
codes and their definitions are:
(1) Coordinate Data Source Code: The
code that represents the party
responsible for providing the latitude/
longitude.
(2) Horizontal Collection Method
Code: Method used to determine the
latitude/longitude coordinates for a
point on the earth.
(3) Horizontal Accuracy Measure: The
measure of accuracy (in meters) of the
latitude/longitude coordinates.
(4) Horizontal Reference Datum Code:
Code that represents the reference
datum used to determine the latitude/
longitude coordinates.
(5) Reference Point Code: The code
that represents the place for which
geographic coordinates were
established. Code value should be 106
(e.g., point where substance is released).
(6) Source Map Scale Number: The
number that represents the proportional
distance on the ground for one unit of
measure on the map or photo.
Mobile source means a motor vehicle,
nonroad engine or nonroad vehicle. A
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motor vehicle is any self-propelled
vehicle used to carry people or property
on a street or highway. A nonroad
engine is an internal combustion engine
(including fuel system) that is not used
in a motor vehicle or vehicle only used
for competition, or that is not affected
by sections 111 or 202 of the CAA. A
nonroad vehicle is a vehicle that is run
by a nonroad engine and that is not a
motor vehicle or a vehicle only used for
competition.
Nitrogen oxides (NOX) means nitrogen
oxides (NOX) as defined in 40 CFR 60.2
as all oxides of nitrogen except N2O.
Nitrogen oxides should be reported on
an equivalent molecular weight basis as
nitrogen dioxide (NO2).
Nonpoint sources. Nonpoint sources
collectively represent individual
sources that have not been inventoried
as specific point or mobile sources.
These individual sources treated
collectively as nonpoint sources are
typically too small, numerous, or
difficult to inventory using the methods
for the other classes of sources.
Ozone Season means the period May
1 through September 30 of a year.
Particulate Matter (PM). Particulate
matter is a criteria air pollutant. For the
purpose of this subpart, the following
definitions apply:
(1) Filterable PM2.5 or Filterable PM10:
Particles that are directly emitted by a
source as a solid or liquid at stack or
release conditions and captured on the
filter of a stack test train. Filterable
PM2.5 is particulate matter with an
aerodynamic diameter equal to or less
than 2.5 micrometers. Filterable PM10 is
particulate matter with an aerodynamic
diameter equal to or less than 10
micrometers.
(2) Condensible PM: Material that is
vapor phase at stack conditions, but
which condenses and/or reacts upon
cooling and dilution in the ambient air
to form solid or liquid PM immediately
after discharge from the stack. Note that
all condensible PM, if present from a
source, is typically in the PM2.5 size
fraction, and therefore all of it is a
component of both primary PM2.5 and
primary PM10.
(3) Primary PM2.5: The sum of
filterable PM2.5 and condensible PM.
(4) Primary PM10: The sum of
filterable PM10 and condensible PM.
(5) Secondary PM: Particles that form
or grow in mass through chemical
reactions in the ambient air well after
dilution and condensation have
occurred. Secondary PM is usually
formed at some distance downwind
from the source. Secondary PM should
NOT be reported in the emission
inventory and is NOT covered by this
subpart.
Process classification code (PCC)
means a process-level code that
describes the equipment or operation
which is emitting pollutants. This code
is being considered as a replacement for
the SCC.
Physical address means the street
address of a facility. This is the address
of the location where the emissions
occur; not, for example, the corporate
headquarters.
Point source. For reporting for the
years 2008 and following, point sources
are large, stationary (non-mobile),
identifiable sources of emissions that
release pollutants into the atmosphere.
As used in this subpart, a point source
is a facility that is a major source under
section 302 or part D of title I of the
CAA. Emissions of hazardous air
pollutants are not considered in
determining whether a source is a point
source under this subpart. For reporting
for the years before 2008, point sources
are large, stationary (non-mobile),
identifiable sources of emissions that
release pollutants into the atmosphere.
As used in this subpart, a point source
is a facility that annually emits more
than a ‘‘threshold’’ value. The minimum
point source reporting thresholds by
pollutant (in tons per year of actual
emissions) are:
Three-year cycle
Annual cycle
(type A sources)
Pollutant
Type B
sources 1
≥2500
≥250
≥100
≥100
≥2500
≥2500
≥100
≥1000
≥250
≥5
≥100
≥250
≥250
1. SOX ........................................................................................................
2. VOC ........................................................................................................
3. VOC ........................................................................................................
4. VOC ........................................................................................................
5. VOC ........................................................................................................
6. NOX ........................................................................................................
7. CO ..........................................................................................................
8. CO ..........................................................................................................
9. Pb ...........................................................................................................
10. PM10 .....................................................................................................
11. PM10 .....................................................................................................
12. PM2.5 ....................................................................................................
13. NH3 .......................................................................................................
≥100
≥100
NAA 2
≥100
O3 (moderate) ≥100
O3 (serious) ≥50
O3 (severe) ≥25
O3 (extreme) ≥10
≥100
O3 (all areas) ≥100
CO (all areas) ≥100
≥5
PM10 (moderate) ≥100
PM10 (serious) ≥70
≥100
≥100
1 Type
A sources are a subset of the Type B sources and are the larger emitting sources by pollutant.
= Nonattainment Area. Special point source reporting thresholds apply for certain pollutants by type of nonattainment area. The pollutants by nonattainment area are: Ozone: VOC, NOX, CO; CO; CO; PM10: PM10.
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2 NAA
Pollutant code means a unique code
for each reported pollutant assigned by
the reporting format specified by EPA
for each reporting year.
Primary capture and control
efficiencies (percent) means two values
indicating the emissions capture
efficiency and the emission reduction
efficiency of a primary control device.
Capture and control efficiencies are
usually expressed as a percentage or in
tenths.
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Process ID code means a unique code
for the process generating the emissions,
typically a description of a process.
Roadway class means a classification
system developed by the Federal
Highway Administration that defines all
public roadways as to type based on
land use and physical characteristics of
the roadway.
Rule effectiveness (RE) means how
well a regulatory program achieves all
possible emissions reductions. This
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rating reflects the assumption that
controls typically are not 100 percent
effective because of equipment
downtime, upsets, decreases in control
efficiencies, and other deficiencies in
emission estimates. Rule effectiveness
adjusts the control efficiency.
Rule penetration means the
percentage of a nonpoint source
category covered by an applicable
regulation.
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SCC means source classification code,
a process-level code that describes the
equipment and/or operation which is
emitting pollutants.
SIC/NAICS means Standard Industrial
Classification code/North American
Industry Classification System code.
The NAICS codes are U.S. Department
of Commerce’s codes for businesses by
products or services and have replaced
SIC codes. The NAICS codes must be
used exclusively beginning with the
2006 emission inventory year.
Site name means the name of the
facility.
Spring throughput (percent) means
part of throughput or activity for the
three Spring months (March, April,
May). See the definition of Fall
Throughput.
Stack diameter means a stack’s inner
physical diameter.
Stack height means a stack’s physical
height above the surrounding terrain.
Stack ID code means a unique code
for the point where emissions from one
or more processes release into the
atmosphere.
Start time (hour) means Start time (if
available) that was applicable and used
for calculations of emissions estimates.
Sulfur content means the sulfur
content of a fuel, usually expressed as
percent by weight.
Summer day emissions means an
average day’s emissions for a typical
summer day with conditions critical to
ozone attainment planning. The State
will select the particular month(s) in
summer and the day(s) in the week to
be represented. The selection of
conditions should be coordinated with
the conditions assumed in the
development of reasonable further
progress plans, rate of progress plans
and demonstrations, and/or emissions
budgets for transportation conformity, to
allow comparability of daily emission
estimates.
Summer throughput (percent) means
part of throughput or activity for the
three Summer months (June, July,
August). See the definition of Fall
Throughput.
Total capture and control efficiency
(percent) means the net emission
reduction efficiency of all emissions
collection devices.
Type A source means large point
sources with actual annual emissions
greater than or equal to any of the
emission thresholds listed in Table 1 to
subpart A of this part for Type A
sources. If a source is a Type A source
for any pollutant listed in Table 1, then
the emissions for all Table 1 pollutants
must be reported for that source.
Unit ID code means a unique code for
the unit of generation of emissions,
typically a physical piece or closely
related set of equipment. The EPA’s
reporting format for a given reporting
year may require multiple unit ID codes
to ensure proper matching between data
bases, e.g., the State’s own current and
most recent unit ID codes, the EPAassigned unit ID codes if any, and the
ORIS (Department of Energy) ID code if
applicable.
VMT by SCC means vehicle miles
traveled disaggregated to the SCC level,
i.e., reflecting combinations of vehicle
type and roadway class. Vehicle miles
traveled expresses vehicle activity and
is used with emission factors. The
emission factors are usually expressed
in terms of grams per mile of travel.
Because VMT does not correlate directly
to emissions that occur while the
vehicle isn’t moving, these nonmoving
emissions are incorporated into the
emission factors in EPA’s MOBILE
Model.
VOC means volatile organic
compounds. The EPA’s regulatory
definition of VOC is in 40 CFR 51.100.
Winter throughput (percent) means
part of throughput or activity for the
three Winter months (December,
January, February, all from the same
year, e.g., Winter 2005 = January 2005
+ February, 2005 + December 2005). See
the definition of Fall throughput.
Wk/yr in operation means weeks per
year that the emitting process operates.
X stack coordinate (longitude) means
an object’s east-west geographical
coordinate.
Y stack coordinate (latitude) means
an object’s north-south geographical
coordinate.
Tables to Subpart A of Part 51
TABLE 1 TO SUBPART A OF PART
51.—EMISSION THRESHOLDS BY
POLLUTANT (TPY 1) FOR TREATMENT
OF POINT SOURCES AS TYPE A
UNDER 40 CFR 51.30
Pollutant
1.
2.
3.
4.
5.
SO2 ...............
VOC ..............
NOX ..............
CO ................
Pb .................
6. PM10 .............
7. PM2.5 .............
8. NH3 2 .............
Emissions threshold for
type A treatment
≥2500.
≥250.
≥2500.
≥2500.
Does not determine Type
A status.
≥250.
≥250.
≥250.
1 tpy
= Tons per year of actual emissions.
threshold applies only in areas
where ammonia emissions are a factor in determining whether a source is a major source,
i.e., where ammonia is considered a significant precursor of PM2.5.
2 Ammonia
TABLE 2A TO SUBPART A OF PART 51.—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM POINT SOURCES, WHERE
REQUIRED BY 40 CFR 51.30
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Data elements
Every-year
reporting
Three-year
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) ......................................................................................................................
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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
Every-year
reporting
Data elements
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
Pollutant code ............................................................................................................................................................
Activity/throughput (for each period reported) ...........................................................................................................
Summer day emissions (if applicable) ......................................................................................................................
Ozone season emissions (if applicable) ...................................................................................................................
Annual emissions ......................................................................................................................................................
Emission factor ..........................................................................................................................................................
Winter throughput (percent) ......................................................................................................................................
Spring throughput (percent) ......................................................................................................................................
Summer throughput (percent) ...................................................................................................................................
Fall throughput (percent) ...........................................................................................................................................
Hr/day in operation ....................................................................................................................................................
Start time (hour) ........................................................................................................................................................
Day/wk in operation ...................................................................................................................................................
Wk/yr in operation .....................................................................................................................................................
X stack coordinate (longitude) ...................................................................................................................................
Y stack coordinate (latitude) ......................................................................................................................................
Method accuracy description (MAD) code ................................................................................................................
Stack height ...............................................................................................................................................................
Stack diameter ...........................................................................................................................................................
Exit gas temperature .................................................................................................................................................
Exit gas velocity .........................................................................................................................................................
Exit gas flow rate .......................................................................................................................................................
SIC/NAICS and at the facility and unit levels ...........................................................................................................
Design capacity (including boiler capacity if applicable) ...........................................................................................
Maximum generator nameplate capacity ..................................................................................................................
Primary capture and control efficiencies (percent) ...................................................................................................
Total capture and control efficiency (percent) ...........................................................................................................
Control device type ....................................................................................................................................................
Control status ............................................................................................................................................................
Emission type ............................................................................................................................................................
Emission release point type ......................................................................................................................................
Rule effectiveness (percent) ......................................................................................................................................
Three-year
reporting
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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
rmajette on DSK29S0YB1PROD with PROPOSALS6
Data elements
Every-year
reporting
Three-year
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. 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 ............................................................................................................................................................
15. Ozone season emissions (if applicable) ...................................................................................................................
16. Summer day emissions (if applicable) ......................................................................................................................
17. Annual emissions ......................................................................................................................................................
18. Winter throughput (percent) ......................................................................................................................................
19. Spring throughput (percent) ......................................................................................................................................
20. Summer throughput (percent) ...................................................................................................................................
21. Fall throughput (percent) ...........................................................................................................................................
22. Hrs/day in operation ..................................................................................................................................................
23. Days/wk in operation .................................................................................................................................................
24. Wks/yr in operation ....................................................................................................................................................
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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Proposed Rules
TABLE 2C.—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM ONROAD MOBILE SOURCES, WHERE REQUIRED BY
40 CFR 51.30
Data elements
Every-year
reporting
Three-year
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. SCC or PCC ................................................................................................................................................................
9. Emission factor ............................................................................................................................................................
10. Activity (VMT by SCC) ..............................................................................................................................................
11. Pollutant code ............................................................................................................................................................
12. Ozone season emissions (if applicable) ...................................................................................................................
13. Summer day emissions (if applicable) ......................................................................................................................
14. Annual emissions ......................................................................................................................................................
15. Winter throughput (percent) ......................................................................................................................................
16. Spring throughput (percent) ......................................................................................................................................
17. Summer throughput (percent) ...................................................................................................................................
18. Fall throughput (percent) ...........................................................................................................................................
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Subpart G—[Amended]
3. Section 51.122 is revised to read as
follows:
rmajette on DSK29S0YB1PROD with PROPOSALS6
§ 51.122 Emissions reporting
requirements for SIP revisions relating to
budgets for NOX emissions.
(a) For its transport SIP revision under
§ 51.121, each State must submit to EPA
NOX emissions data as described in this
section.
(b) Each revision must provide for
periodic reporting by the State of NOX
emissions data to demonstrate whether
the State’s emissions are consistent with
the projections contained in its
approved SIP submission.
(1) For the every-year reporting cycle,
each revision must provide for reporting
of NOX emissions data every year as
follows:
(i) The State must report to EPA
emissions data from all NOX sources
within the State for which the State
specified control measures in its SIP
submission under § 51.121(g). This
would include all sources for which the
State has adopted measures that differ
from the measures incorporated into the
baseline inventory for the year 2007 that
the State developed in accordance with
§ 51.121(g).
(ii) If sources report NOX emissions
data to EPA for a given year pursuant to
a trading program approved under
§ 51.121(p) or pursuant to the
monitoring and reporting requirements
of 40 CFR part 75, then the State need
not provide an every-year cycle report to
EPA for such sources.
(2) For the three-year cycle reporting,
each plan must provide for triennial
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(i.e., every 3rd year) reporting of NOX
emissions data from all sources within
the State.
(3) The data availability requirements
in § 51.116 of this part must be followed
for all data submitted to meet the
requirements of paragraphs (b)(1) and
(2) of this section.
(c) The data reported in paragraph (b)
of this section must meet the
requirements of subpart A of this part.
(d) Approval of ozone season
calculation by EPA. Each State must
submit for EPA approval an example of
the calculation procedure used to
calculate ozone season emissions along
with sufficient information to verify the
calculated value of ozone season
emissions.
(e) Reporting schedules. (1) Data
collection is to begin during the ozone
season 1 year prior to the State’s NOX
SIP Call compliance date.
(2) Reports are to be submitted
according to paragraph (b) of this
section and the schedule in Table 1 of
this paragraph (e)(2). After 2011,
triennial reports are to be submitted
every 3rd year and annual reports are to
be submitted each year that a triennial
report is not required.
TABLE 1 TO § 51.122(E)(2).—
SCHEDULE FOR SUBMITTING REPORTS
Data collection year
2005
2006
2007
2008
2009
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..........................
..........................
..........................
..........................
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Type of report
required
Triennial.
Annual.
Annual.
Triennial.
Annual.
Sfmt 4702
TABLE 1 TO § 51.122(E)(2).—SCHEDULE FOR SUBMITTING REPORTS—
Continued
Data collection year
2010 ..........................
2011 ..........................
Type of report
required
Annual.
Triennial.
(3) States must submit data for a
required year no later than 12 months
after the end of the calendar year for
which the data are collected. The first
inventory (for the year 2008) must be
submitted to EPA within 12 months,
i.e., by December 31, 2009. The same
12-month reporting sequence will apply
for the inventories for the years 2009
and 2010, i.e., these inventories must be
reported to EPA by December 31, 2010
and December 31, 2011 respectively.
Beginning with the year 2011, and for
all subsequent inventories, the
inventories will be due 6 months
following the end of the reporting year,
i.e., the 2011 inventory must be reported
to EPA by June 30, 2012.
(f) Data reporting procedures are given
in subpart A. When submitting a formal
NOX Budget Emissions Report and
associated data, States shall notify the
appropriate EPA Regional Office.
(g) As used in this section, words and
terms shall have the meanings set forth
in § 51.50 of this part.
[FR Doc. 05–24614 Filed 12–30–05; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Proposed Rules]
[Pages 69-84]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24614]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[OAR-2004-0489; FRL-8016-8]
RIN 2060-AN20
Air Emissions Reporting Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
-----------------------------------------------------------------------
SUMMARY: Today's action proposes changes to EPA's emission inventory
reporting requirements. The proposed amendments would consolidate,
reduce, and simplify the current requirements; add limited new
requirements; and provide additional flexibility to States in the way
they collect and report emissions data. The proposed amendments would
also accelerate the reporting of emissions data to EPA by State and
local agencies. The EPA intends to issue final amendments during 2006.
DATES: Comments must be received on or before May 3, 2006. Under the
Paperwork Reduction Act, comments on the information collection
provisions must be received by OMB on or before February 2, 2006.
The EPA will hold a public hearing on today's proposal only if
requested by February 2, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0489, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air Emissions Reporting Requirements Rule, Docket
No. OAR-2004-0489, Environmental Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. In addition, please
mail a copy of your comments on the information collection provisions
to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St.,
NW., Washington, DC 20503.
Hand Delivery: EPA Docket Center, 1301 Constitution
Avenue, NW., Room B102, Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. OAR-2004-0489.
The EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov, or e-mail. The
www.regulations.gov website is ``anonymous access'' systems, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment.
[[Page 70]]
If you send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
For additional instructions on submitting comments, go to unit I.B of
the SUPPLEMENTARY INFORMATION section of this preamble.
Docket: All documents in the docket are listed in the
www.regulations.gov index or in hard copy at the Air Emissions
Reporting Requirements Rule, Docket No. OAR-2004-0489, EPA/DC, EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Emissions Reporting Requirements Rule, Docket No. OAR-2004-0489 is
(202) 566-1742. Although listed in the index, some information is not
publicly available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.
FOR FURTHER INFORMATION CONTACT: For general questions concerning
today's action, please contact Bill Kuykendal, U.S. EPA, Office of Air
Quality Planning and Standards, Emissions Monitoring and Analysis
Division, Mail Code D205-01, Research Triangle Park, NC, 27711,
telephone (919) 541-5372, e-mail at kuykendal.bill@epa.gov. For legal
questions, please contact Thomas Swegle, U.S. EPA, Office of General
Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, telephone (202) 564-5546, e-mail at swegle.thomas@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply To Me?
Categories and entities potentially regulated by this action
include:
------------------------------------------------------------------------
NAIC Examples of regulated
Category code\1\ entities
------------------------------------------------------------------------
State/local/tribal government....... 92411 State, territorial, and
local government air
quality management
programs. Tribal
governments are not
affected.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This action proposes to have States report their emissions to
us. It is possible that some States will require facilities within
their jurisdictions to report emissions to the States. To determine
whether your facility would be regulated by this action, you should
examine the applicability criteria in 40 CFR 51.1 of the proposed
amendments. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
B. What Should I Consider As I Prepare My Comments for EPA?
1. Expedited Review. To expedite review of your comments by Agency
staff, you are encouraged to send a separate copy of your comments, in
addition to the copy you submit to the official docket, to Bill
Kuykendal, U.S. EPA, Office of Air Quality Planning and Standards,
Emissions Monitoring and Analysis Division, Mail Code D205-01, Research
Triangle Park, NC 27711, telephone (919) 541-5372, e-mail
kuykendal.bill@epa.gov.
2. Submitting CBI. Do not submit CBI to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Roberto Morales, U.S.
EPA, Office of Air Quality Planning and Standards, Mail Code C404-02,
Research Triangle Park, NC 27711, telephone (919) 541-0880, e-mail at
morales.roberto@epa.gov, Attention Docket ID No. OAR-2004-0489.
3. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
C. Where Can I Get a Copy of This Document and Other Related
Information?
In addition to being available in the docket, an electronic copy of
today's proposed amendments is also available on the Worldwide Web
(WWW) through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the proposed amendments will be
placed on the TTN
[[Page 71]]
at https://www.epa.gov/ttn/chief. The TTN provides information and
technology exchange in various areas of air pollution control. If more
information regarding the TTN is needed, call the TTN HELP line at
(919) 541-5384. A copy of the proposed amendments and fact sheet will
also be posted at https://www.epa.gov/interstateairquality.
D. Will There Be a Public Hearing?
The EPA will hold a public hearing on today's proposal only if
requested by February 2, 2006. The request for a public hearing should
be made in writing and addressed to Bill Kuykendal at U.S. EPA, Office
of Air Quality Planning and Standards, Emissions Monitoring and
Analysis Division, Mail Code D205-01, Research Triangle Park, NC 27711.
The hearing, if requested, will be held on a date and at a place
published in a separate Federal Register notice.
E. How Is This Document Organized?
The information presented in this preamble is organized as follows:
I. General Information
II. Background
A. Existing Emissions Reporting Requirements
B. Proposed Emissions Reporting Requirements
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
II. Background
In today's action, the Air Emissions Reporting Requirements (AERR)
rule, EPA is proposing to amend the emission inventory reporting
requirements in 40 CFR part 51, subpart A and in 40 CFR 51.122. In a
related action to today's proposed amendments, EPA has promulgated the
Clean Air Interstate Rule (CAIR). The EPA believes that it is essential
that achievement of the emissions reductions required by the CAIR be
verified on a regular basis. Emissions reporting is the principal
mechanism to verify these reductions and to assure the downwind
affected States and EPA that the ozone and particulate matter (PM) less
than or equal to 2.5 micrometers (PM2.5) transport problems
are being mitigated as required by the CAIR. To this end, EPA has
promulgated limited new emissions reporting requirements for States
under the CAIR. However, in the CAIR, we explained that there are
additional reporting requirements that we believe are important and did
not finalize under the CAIR. We are proposing these requirements in
today's action. The proposed amendments would also remove or simplify
some current emissions reporting requirements which we believe are not
necessary or appropriate, for reasons explained below.
Because we are proposing to consolidate and harmonize the new
emissions reporting requirements proposed today with two pre-existing
sets of emissions reporting requirements, we review in today's action
the purpose, authority, and history of emissions reporting requirements
in general.
Emissions inventories are critical for the efforts of State, local,
and Federal agencies to attain and maintain the national ambient air
quality standards (NAAQS) that EPA has established for criteria
pollutants such as ozone, PM, and carbon monoxide (CO). Pursuant to its
authority under sections 110 and 172 of the CAA, EPA has long required
State implementation plans (SIPs) to provide for the submission by
States to EPA of emissions inventories containing information regarding
the emissions of criteria pollutants and their precursors (e.g.,
volatile organic compounds (VOC)). The EPA codified these requirements
in subpart Q of 40 CFR part 51 in 1979 and amended them in 1987.
The 1990 Amendments to the CAA revised many of the provisions of
the CAA related to the attainment of the NAAQS and the protection of
visibility in Class I areas. These revisions established new periodic
emissions inventory requirements applicable to certain areas that were
designated nonattainment for certain pollutants. For example, section
182(a)(3)(A) required States to submit an emissions inventory every 3
years for ozone nonattainment areas beginning in 1993. Similarly,
section 187(a)(5) required States to submit an inventory every 3 years
for CO nonattainment areas. The EPA, however, did not immediately
codify these statutory requirements in the CFR, but simply relied on
the statutory language to implement them.
In 1998, EPA promulgated the NOX SIP Call which requires
the affected States and the District of Columbia to submit SIP
revisions providing for nitrogen oxides (NOX) reductions to
reduce their adverse impact on downwind ozone nonattainment areas. (See
63 FR 57356, October 27, 1998). As part of that rule, codified in 40
CFR 51.122, EPA established emissions reporting requirements to be
included in the SIP revisions required under that action.
Another set of emissions reporting requirements, termed the
Consolidated Emissions Reporting Rule (CERR), was promulgated by EPA in
2002, and is codified at 40 CFR part 51, subpart A. (See 67 FR 39602,
June 10, 2002). These requirements replaced the requirements previously
contained in subpart Q, expanding their geographic and pollutant
coverages while simplifying them in other ways.
The principal statutory authority for the emissions inventory
reporting requirements outlined in this preamble is found in CAA
section 110(a)(2)(F), which provides that SIPs must require ``as may be
prescribed by the Administrator * * * (ii) periodic reports on the
nature and amounts of emissions and emissions-related data from such
sources.'' Section 301(a) of the CAA provides authority for EPA to
promulgate regulations under this provision.\1\
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\1\ Other CAA provisions relevant to these proposed amendments
include section 172(c)(3) (provides that SIPs for nonattainment
areas must include comprehensive, current inventory of actual
emissions, including periodic revisions); section 182(a)(3)(A)
(emissions inventories from ozone nonattainment areas); and section
187(a)(5) (emissions inventories from CO nonattainment areas).
---------------------------------------------------------------------------
A. Existing Emissions Reporting Requirements
At present, the emissions reporting requirements applicable to
States are contained in two different locations: subpart A of 40 CFR
part 51 (the CERR) and 40 CFR 51.122 in subpart G (the NOX
SIP Call reporting requirements). This proposed action would
consolidate these sections, with modifications as described below. The
proposed modifications are intended to achieve the additional reporting
needed to verify the reductions required by the CAIR; harmonize,
reduce, and simplify the emissions reporting requirements; and make
emissions reporting requirements easier.
Under the NOX SIP Call requirements in 40 CFR 51.122,
emissions of NOX for a defined 5-month ozone season (May 1
through September 30) from sources that the State has subjected to
emissions control to comply with the requirements of the NOX
SIP Call are required to be
[[Page 72]]
reported by the affected States to EPA every year. However, emissions
of sources reporting directly to EPA as part of the NOX
trading program are not required to be reported by the State to EPA
every year. The affected States are also required to report ozone
season emissions and typical summer day emissions of NOX
from all sources every third year (2002, 2005, etc.) and in 2007. This
triennial reporting process does not have an exemption for sources
participating in the emissions trading programs. Section 51.122
requires that a number of data elements be reported in addition to
ozone season NOX emissions. These data elements describe
some of the source's specific physical and operational parameters.
Emissions reporting under the NOX SIP Call as first
promulgated was required starting for the emissions reporting year
2002, the year prior to the start of the required emissions reductions.
The reports are due to EPA on December 31 of the calendar year
following the inventory year. For example, emissions from all sources
and types in the 2002 ozone season were required to be reported on
December 31, 2003. However, because the Court which heard challenges to
the NOX SIP Call delayed the implementation by one year to
2004, no State was required to start reporting until the 2003 inventory
year. In addition, EPA recently promulgated a rule to subject Georgia
and Missouri to the NOX SIP Call with an implementation date
of 2007. (See 69 FR 21604, April 21, 2004.) For these States, emissions
reporting begins with 2006. The emissions reporting requirements under
the NOX SIP Call affect the District of Columbia and 20
States.
As noted above, the other set of emissions reporting requirements
is codified at subpart A of part 51. Although entitled the CERR, this
rule left in place the separate 40 CFR 51.122 for the NOX
SIP Call reporting. The CERR requirements were aimed at obtaining
emissions information to support a broader set of purposes under the
CAA than were the reporting requirements under the NOX SIP
Call. The CERR requirements apply to all States and include the
reporting of all criteria pollutants and criteria pollutant precursors.
Like the requirements under the NOX SIP Call, the CERR
requires reporting of all sources at 3-year intervals (2002, 2005,
etc.). It requires reporting of certain large sources every year.
However, the required reporting date under the CERR is 5 months later
than under the NOX SIP Call reporting requirements. Also,
emissions must be reported by all States for the entire year, for a
typical day in winter, and a typical day in summer, but not for the 5-
month ozone season as is required by the NOX SIP Call.
Finally, the CERR and the NOX SIP Call differ in what non-
emissions data elements must be reported.
The final CAIR included three changes to the above described pre-
existing emissions reporting requirements. These requirements are as
follows:
1. The new States that are subject to the CAIR requirements, but
were not subject to the NOX SIP Call requirements, are
required to report their NOX emissions for the 5-month (May
1-September 30) ozone season on a triennial basis beginning in 2008.
2. The States that are subject to the CAIR for reasons of
PM2.5, must report to EPA a set of specified data elements
for all sources each year--regardless of size--subject to new controls
adopted specifically to meet the CAIR requirements related to
PM2.5, unless the sources participate in an EPA-administered
emissions trading program.
3. The requirement of the NOX SIP Call for a special
all-sources report by affected States for the year 2007, due December
31, 2008, was eliminated.
B. Proposed Emissions Reporting Requirements
Today's action proposes to further consolidate the detailed
requirements for emissions reporting by States entirely into subpart A.
The proposed amendments would also harmonize the reporting requirements
and reduce and simplify them in several ways. The major changes
included in the proposed amendments are described below.
Amendments are proposed to subpart A, which contains 40 CFR 51.1
through 51.50, with conforming amendments to 40 CFR 51.122. The
proposed amendments would also add new tables to subpart A of part 51.
In 40 CFR 51.122, we propose to abolish certain
requirements entirely and to replace certain requirements with a cross
reference to subpart A so that detailed lists of required data elements
appear only in subpart A. As amended, 40 CFR 51.122 would continue to
specify what pollutants, sources, and time periods the States subject
to the NOX SIP Call must report and when but would no longer
list the detailed data elements required for those reports.
The amended subpart A would list the detailed data
elements as well as provide information on submittal procedures,
definitions, and other generally applicable provisions.
Taken together, the existing emissions reporting requirements under
the NOX SIP Call, CERR and CAIR are already rather
comprehensive in terms of the States covered and the information
required. Therefore, the practical impact of the changes proposed today
is to impose several new requirements and to accelerate the overall
calendar for emission reporting.
In all States, we are proposing to expand the definition of what
sources must be reported in point source format, so that fewer sources
would be included in nonpoint source emissions.\2\ We are proposing to
base the requirement for point source format reporting on whether the
source is a major source under 40 CFR part 70 for the pollutants for
which reporting is required, i.e., for CO, VOC, NOX, sulfur
dioxide (SO2), PM2.5, PM10, and
ammonia but without regard to emissions of hazardous air pollutants.
Currently, the requirement for point source reporting is based on
thresholds of actual emissions in the year of the inventory report.
While it has always been an option for States to include all such
sources, and we know that some States already do, this change may
require more sources to be reported as point sources every 3rd year.
Affected States will continue to report their actual emissions. The new
approach would make it possible to better track changes in source
emissions, shutdowns, and startups over time. Because States have an
existing list of sources based on 40 CFR part 70 requirements, this
approach would result in a more stable universe of reporting point
sources, which in turn would facilitate elimination of overlaps and
gaps in estimating point source emissions, as compared to nonpoint
source emissions. Under this proposal, States would know well in
advance of the start of the inventory year which sources would need to
be reported. We are proposing that these new requirements begin with
the 2008 inventory year, the report for which would be due to EPA by
December 31, 2009.
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\2\ We use the term ``nonpoint source'' to refer to a stationary
source that is treated for inventory purposes as part of an
aggregated source category rather than as an individual facility. In
the existing subpart A of part 51, such emissions sources are
referred to as ``area sources.'' However, the term ``area source''
is used in section 112 of the CAA to indicate a non-major source of
hazardous air pollutants, which could be a point source. As
emissions inventory activities increasingly encompass both NAAQS-
related pollutants and hazardous air pollutants, the differing uses
of ``area source'' can cause confusion. Accordingly, EPA proposes to
substitute the term ``nonpoint source'' for the term ``area source''
in subpart A and in Sec. 51.122 to avoid confusion.
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[[Page 73]]
We received a number of comments on this provision regarding point
source format reporting when it was made in the CAIR supplemental
proposal. The majority of comments supported changing the definition of
a point source for reporting purposes to that in 40 CFR part 70. Some
comments in opposition to the supplemental proposal appear to have been
based on the impression that EPA was proposing reporting of potential
rather than actual emissions, which was not the case. While the status
as a major source depends on potential to emit, a State must report
actual emissions.
In addition to the new requirements, several proposed changes would
alter existing reporting requirements on States or provide them with
additional options. These proposed changes are summarized in units
II.B.1 through II.B.9 of this preamble.
1. Harmonizing Report Due Dates
The NOX SIP Call rule required the affected States to
submit emissions inventory reports for a given ozone season to EPA by
December 31 of the following year. The CERR requires similar but not
identical reports from all States by the following June 1, five months
later. The EPA believes that harmonizing these dates would be efficient
for both States and EPA. We are proposing to move the June 1, reporting
requirement to the previous December 31. The first reports due under
this proposal would be for the year 2008 to be reported by December 31,
2009. We are soliciting comment on an alternative of requiring that
point sources be reported on December 31 and other sources on June 1.
This approach would eliminate the problem of States having to make two
submissions for point sources within a 5-month period and would result
in a more timely submission of the emissions information for point
sources. A more timely submission would be particularly useful for
point sources because point sources generally are the primary subject
of control measures in SIPs. The later June 1 submission date for
nonpoint sources and mobile sources would allow more time for
estimating these emissions sources, which in some cases may require
vehicle miles traveled or business activity data that are not available
in time for a December 31 submission. In addition, estimating emissions
of some types of nonpoint sources requires prior knowledge of emissions
and activity levels at point sources of the same industrial type;
therefore, it may make sense to stagger the submission deadlines for
the different sources.
The EPA solicited comments on a similar provision in the CAIR
supplemental proposal. Here, the EPA proposed to harmonize the dates
for both the NOX SIP Call and the CERR at 17 months but
asked for comments on a 12 month due date. Several comments were
received, all favoring harmonizing the report due date at 17 months.
Nonetheless, EPA believes that shortening the reporting cycle to 12
months is possible and desirable. EPA's ultimate goal is to complete
the NEI within 12 months of the end of a calendar year. This is
consistent with recommendations made by external groups (e.g., NARSTO's
Improving Emission Inventories for Effective Air Quality Management
Across North America https://www.cgenv.com/Narsto/EmissionInventory.html). Meeting this goal will require a reporting due
date even early than 12 months. However, since the current reporting
due date for the NEI is 17 months, a phased approach with a due date of
12 months for the 2008 NEI and earlier due dates in subsequent cycles
is appropriate. EPA is confident that States can meet report due dates
of 12 months or earlier. To demonstrate this, EPA is currently working
with 10 State and local agencies on the Rapid Inventory Development
Pilot. Under this pilot project EPA has received 2004 emission
estimates from half of the participating State and local agencies by
the end of October 2005 (10 months after the end of the year being
inventoried). EPA will issue a report on the results of this pilot
study.
2. Accelerating Report Due Dates
The EPA believes that the public is best served by making
environmental information available as soon as possible. Therefore, we
are proposing that the reporting schedule be further accelerated for
the triennial year 2011 and all following years by requiring that point
sources be reported within 6 months from the end of the calendar year,
i.e., by June 30 of the following year. Reporting on all other sources
would be required within 12 months, i.e., by December 31 of the
following year. There is precedent for requiring reporting of point
source emissions data within 6 months. Beginning with the year 1979,
States were required, under subpart Q, to report point source emissions
data within 6 months. Moreover, we believe that modern web-based source
reporting systems will be able to greatly shorten the time it takes
States to get emissions reports from sources. We invite comment on
alternative reporting schedules from 6 to 12 months for point sources
and from 12 to 17 months for all other sources.
3. Reporting Biogenic Emissions
We are proposing to remove a requirement in the existing CERR for
reporting annual and typical ozone season day biogenic emissions.
Biogenic emissions are estimated by a computer model using
meteorological and land use/land cover data as inputs. Because EPA can
develop these data inputs directly without having them reported by
State, local and Tribal agencies, we believe the requirement for
reporting biogenic emissions serves no useful purpose. This change does
not affect our expectation that biogenic emissions be appropriately
considered in ozone and PM2.5 attainment demonstrations.
We received a number of comments on this provision when it was made
in the CAIR supplemental proposal. All of the comments were in favor of
eliminating the biogenic emissions reporting requirement. The EPA is
reproposing this change to allow for the maximum opportunity for public
comment.
4. Reporting Emission Model Inputs
We are proposing a new provision which would allow States the
option of providing emissions inventory estimation model inputs in lieu
of actual emissions estimates, for source categories for which prior to
the submission deadline EPA develops or adopts suitable emissions
inventory estimation models and by guidance defines their necessary
inputs. This provision would allow source reporting to take advantage
of new emissions estimation tools for greater efficiency, although the
States would continue to be required to provide inputs representative
of their conditions. If States choose to use this option, EPA will run
the emissions model(s) to calculate emissions and will enter the
emissions data into the appropriate data base. We propose that this
option would be available starting with the reports on 2005 emissions.
Furthermore, we invite comment on whether States should be required to
provide model inputs for source categories for which they have utilized
a widely available emissions model, to improve the transparency of the
emission estimates themselves and the overall utility of the
submissions in meeting the objectives of the emissions reporting
requirements. For example, such inputs would better allow EPA to
project future emissions.
We received several comments on this provision in the CAIR
supplemental proposal. Most of the comments were in favor of allowing
the option of reporting
[[Page 74]]
model inputs in lieu of the estimated emissions from the models.
However, most of the commenters did not want the reporting of model
inputs to become a reporting requirement. Therefore, EPA is reproposing
this change to create a State option and inviting comment on making
submission of inputs a requirement to allow for the maximum opportunity
for public comment.
5. Reporting Summer Day Emissions
We are proposing to retain the requirement for reporting of summer
day emissions from all sources (except biogenic sources) at 3-year
intervals, but to restrict it to only States with ozone nonattainment
areas or States covered by the NOX SIP Call or CAIR. The
NOX SIP Call requires the reporting of only NOX
emissions for a typical summer day, while the CERR requires the
reporting of all criteria pollutants. We propose to restrict the summer
day emissions reporting requirement to VOC and NOX
emissions, but we invite comment on whether CO emissions should be
required also.
We received several comments on this provision when it was made in
the CAIR supplemental proposal. Two of the comments supported retaining
the requirement that summer day emissions be reported as required by
the CERR. Two of the comments supported EPA's proposed revision to the
CERR requirement. One State commented that EPA should not require
statewide reporting of summer day emissions, unless it could be
demonstrated that these emissions contributed to nonattainment within
the State or in other States. The EPA is reproposing this change to
allow for the maximum opportunity for public comment.
6. Reporting Winter Work Week Day Emissions
We are proposing to delete the existing requirement that all States
report emissions for a winter work week day. This requirement was
originally aimed at tracking progress towards attainment of the CO
NAAQS. We believe applying this requirement to all States is no longer
warranted given that CO violations are currently observed in few areas.
We believe we can work directly with the few remaining affected States
to monitor efforts to attain the CO NAAQS without requiring formal
submission of CO inventories.
We received several comments on this provision in the CAIR
supplemental proposal. All of the comments were in favor of eliminating
the requirement to report emissions for a winter work week day. The EPA
is reproposing this change to allow for the maximum opportunity for
public comment.
7. New Data Elements
We are proposing to add several required data elements to the
existing rule. These are contact name, contact phone number, emission
release point type, control status, emission type, and method accuracy
description (MAD) codes.
The contact name and phone number are for the lead contact in the
organization submitting the data and are needed to ensure that EPA
knows who to contact if issues arise with a data submission.
The emission release point type is a code for the physical
configuration of the emission release point (e.g., vertical stack,
fugitive, etc.). It is needed to correctly model how emissions are
released into the atmosphere.
The control status is a code that represents whether emissions
reported are controlled or uncontrolled. It is needed to correctly
project future emissions and to correctly evaluate the impact of
emission control programs. While data elements related to control
equipment are already required, they are not adequate since some
control approaches do not involve physical equipment, for example low
solvent coatings. We also invite comment on whether with this addition
the current data elements that describe emissions control equipment
type and efficiency are adequate. We believe it is important for States
to report on the manner in which sources are currently controlled so
that opportunities for developing control strategies and regulatory
development can be assessed, but the existing data elements may not be
adequate and appropriate for that purpose. The present data elements
related to control measures are primary control efficiency, secondary
control efficiency, control device type, and rule effectiveness for
point sources; and total capture/control efficiency, rule
effectiveness, and rule penetration for nonpoint sources and nonroad
mobile sources.\3\
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\3\ Additional information on emissions data elements and the
formats and valid codes presently in use for State reporting to EPA
is available on the EPA Web site https://www.epa.gov/ttn/chief/nif/.
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We received a few comments on this provision when it was made in
the CAIR supplemental proposal. One commenter said that current data
elements were not adequate to fully characterize control efficiencies
but did not suggest any specific changes. Other commenters were
concerned about reporting burden and opposed the addition of any
further reporting requirements. The EPA is reproposing this change to
allow for the maximum opportunity for public comment.
The emission type is a code describing the temporal period of
emissions reported (e.g., annually, daily, etc.). It is needed to
ensure that emissions estimates are used properly.
The method accuracy (MAD) codes are codes that provide information
about geographic coordinates including the collection method, accuracy,
and other descriptors. We are proposing adding the MAD codes to this
rule because EPA's Latitude/Longitude Data Standard \4\ requires their
collection when latitude and longitude are collected. The MAD codes are
horizontal collection method code, horizontal accuracy measure,
horizontal reference datum code, reference point code, source map scale
number, and coordinate data source code. The EPA believes that many
States will be able to report these codes based on existing
information. However, in the event that the information needed to
report these codes is not available, States will not be required to do
additional work since there is a code ``don't know.''
---------------------------------------------------------------------------
\4\ Environmental Data Registry: Latitude/Longitude Standard.
2000. U.S. Environmental Protection Agency. December 11, 2000.
https://oasspub.epa.gov/ edr/edr--proc-- qry.navigate?P-- LIST--
OPTION--CD=CSDIS&P-- REG--AUTH--IDENTIFIER=1&P-- DATA--
IDENTIFIER=19939&P-- VERSION=1.
---------------------------------------------------------------------------
8. Identification of New Emissions Related Data Requirements
We invite comment on whether or not additional emissions related
data should be required. Commenters may choose to discuss how the
reporting of new or currently required data may improve the accuracy,
consistency and reliability of emissions inventories. If new emissions
related data requirements are identified by commenters, then EPA may
choose to issue a supplemental proposal for these proposed amendments
detailing specific requirements. The EPA urges commenters who wish to
suggest other data elements to comment to that effect early in the 120-
day comment period, so that EPA has the option of issuing the
supplemental proposal while the 120-day comment period is still open.
9. Revisions to Specific Data Elements
The NOX SIP Call rule and the CERR contain detailed
lists of required data elements in addition to emissions, and each rule
has its own set of definitions. The two sets of data elements overlap
but are not identical. The NOX SIP Call rule requires a few
more data elements to be reported and defines some data
[[Page 75]]
elements differently than the CERR. The EPA has reviewed both lists in
light of more recent experiences and insight into the difficulty States
face in collecting and submitting these data elements and their utility
to EPA, other States, and other users. We are proposing to combine the
separate lists of required elements into a single new list of required
data elements. A few data elements from the NOX SIP Call are
proposed to be eliminated. The NOX SIP Call data elements
that we are proposing to eliminate are: ``Area Designation,'' ``Federal
ID code (plant),'' ``Federal ID code (point),'' ``Federal ID code
(process),'' ``Federal ID code (stack number),'' ``Maximum design
rate,'' ``Work weekday emissions,'' ``Secondary control efficiency,''
``Source of fuel heat content data,'' ``Source of activity/throughput
data,'' ``Source of emission factor'' and ``Source of emissions data.''
We propose that these relatively minor changes become applicable
starting with the first required emissions reports following the
promulgation of the final amendments.
There are a number of data elements required in the proposed
amendments on which we invite comment as to whether they should be
dropped in the final amendments. These are heat content (fuel), ash
content (fuel), sulfur content (fuel) for fuels other than coal,
activity/throughput, hours per day in operation, days per week in
operation, weeks per year in operation, and start time in the day.
These data elements have been carried forward from emissions reporting
systems dating back many years. We believe it is appropriate to take
comment on their current usefulness and sufficiency.
We received several comments in response to this invitation for
comments when it was made in the CAIR supplemental proposal. In
general, the comments opposed eliminating these as required data
elements. Therefore, EPA is reproposing this change to allow for the
maximum opportunity for public comment.
At present, States are required to report three particular data
elements for point source stacks: Stack diameter, exit gas velocity,
and exit gas flow rate. This is a redundant requirement since any one
of these can be calculated from the other two. We invite comment on
which if any of these data elements to drop from the required list. Our
preference would be to collect the data element that is most closely
tied to an actual operating measurement. Alternatively, we may allow
States to report either exit gas flow or exit gas velocity, at their
option.
We received several comments on this provision when it was made in
the CAIR supplemental proposal. In general, the comments favored the
elimination of one of these as a required data element. The EPA is
reproposing this change to allow for the maximum opportunity for public
comment.
Finally, we propose to modify 40 CFR 51.35 to provide that if
States obtain one-third of their necessary emissions estimates from
point sources and/or prepare one-third of their nonpoint or mobile
source emissions estimates each year on a rolling basis, they should
submit their data as a single package on the required every 3rd year
submission date. The current requirement allows States to report these
partial emissions estimates annually as they are completed. Our
proposal requires that States accumulate all three years of work and
then make a single data submission by the due date for the trienniel
emission inventory year.
We received two comments on this provision when it was made in the
CAIR supplemental proposal. The comments indicated that additional
information is needed to better understand why EPA believes that this
change is beneficial. The EPA believes that a single submission would
allow States to correct and/or update data prior to submitting it to
EPA thereby facilitating a more consistant data set. A single
submission would also make it more efficient for EPA to quality assure
the complete data set rather than doing it on a piecemeal basis. There
would also be increased efficiencies in resolving any identified
discrepancies with the States. Therefore, EPA is reproposing this
change to allow for the maximum opportunity for public comment.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and to the requirements of the Executive Order. The Executive
Order defines a ``significant regulatory action'' as one that is likely
to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Under the terms of Executive Order 12866, it has been determined
that this regulatory action is a ``significant regulatory action''
because it raises novel legal or policy issues. As such, this action
was submitted to OMB for Executive Order 12866 review. Changes made in
response to OMB suggestions or recommendations will be documented in
the public record.
B. Paperwork Reduction Act
The information collection requirements in the proposed amendments
have been submitted for approval to the OMB under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. The information collection
request (ICR) document prepared by EPA has been assigned EPA ICR number
2170.01.
The information collection requirements in the proposed amendments
are based on the existing Emission Inventory Reporting Requirements in
40 CFR part 51, subparts A and G. In general, these provisions require
each State to compile a statewide inventory of emissions of certain
criteria pollutants at least every 3 years for all point, nonpoint, and
mobile sources. The information collection requirements for the
existing inventory reporting requirements have been approved by OMB
under control number 2060-0088.
The information collection requirements in the proposed amendments
are mandatory for all States and territories (excluding tribal
governments). These requirements are authorized by section 110(a) of
the CAA. The reported emissions data are used by EPA to develop and
evaluate State, regional, and national control strategies; to assess
and analyze trends in criteria pollutant emissions; to identify
emission and control technology research priorities; and to assess the
impact of new or modified sources within a geographic area. The
emission inventory data are also used by States to develop, evaluate,
and revise their SIP.
The proposed amendments would add new reporting requirements and
would combine these new requirements with existing requirements from
the CAIR, CERR, NOX SIP Call, and the
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Acid Rain Program. Each of these four existing rules has an approved
ICR. The current ICRs are: For the CAIR, ICR No. 2152.01; for the CERR,
ICR No. 0916.10; for the NOX SIP Call, ICR No. 1857; and for
the Acid Rain Program, ICR No. 1633.13.
The proposed changes would reduce the information collection burden
for each of the 104 respondents by about 13 labor hours per year from
current levels. The annual average reporting burden for this collection
(averaged over the first 3 years of this ICR) is estimated to decrease
by a total of 1,373 labor hours per year with a decrease in costs of
$47,450. From the perspective of the sources reporting to the States,
EPA does not believe that there will be any change in reporting burden
resulting from AERR because the same universe of sources will be
required to report to the States. No capital/startup costs or operation
and maintenance costs for monitoring equipment are attributable to the
proposed amendments. The only costs associated with the proposed
amendments are labor hours associated with collection, management, and
reporting of the data through existing systems.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 51 are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for the proposed rule,
which includes this ICR, under Docket ID number OAR-2004-0489. Submit
any comments related to the ICR for these proposed amendments to EPA
and OMB. See the ADDRESSES section at the beginning of this notice for
where to submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after January 3, 2006, a comment to OMB is best
assured of having its full effect if OMB receives it by February 2,
2006. The final amendments will respond to any OMB or public comments
on the information collection requirements contained in this proposal.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of today's proposed
amendments on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration; (2) a
government jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and that is not
dominant in its field.
After considering the economic impacts of today's proposed
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. This proposed rule will not impose any requirements on small
entities. This action primarily impacts State and local agencies and
does not regulate small entities. The proposed amendments would provide
States with additional flexibility in how they collect and report
emissions data. Rather than entering their emissions data directly,
State and local agencies may choose to report the inputs to certain
emissions models. We continue to be interested in the potential impacts
of the proposed rule on small entities and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that the proposed amendments do not contain
a Federal mandate that may result in expenditures of $100 million or
more for State, local, and Tribal governments, in the aggregate, or the
private sector in any 1 year. No significant costs are attributable to
the proposed amendments; in fact, the proposed amendments are estimated
to decrease costs associated with emissions inventory reporting. Thus,
the proposed amendments are not subject to the requirements of sections
202 and 205 of the UMRA. In addition, the proposed amendments do not
significantly or uniquely affect small governments because they contain
no requirements
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that apply to such governments or impose obligations upon them.
Therefore, the proposed amendments are not subject to section 203 of
the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
The proposed amendments do not have federalism implications. They
would not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 6, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
The proposed amendments do not have Tribal implications. They would
not have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
The Tribal Authority Rule means that Tribes cannot be required to
report their emissions to us. Thus, Executive Order 13175 does not
apply to the proposed amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. The proposed amendments are not
subject to Executive Order 13045 because they are not based on health
or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
These proposed amendments are not a ``significant energy action''
as defined in Executive Order 13211, (66 FR 28355, May 22, 2001)
because they are not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Further, we believe that the
proposed amendments are not likely to have any adverse energy effects.
I. National Technology Transfer Advancement Act
Section 112(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104-113; 15 U.S.C. 272 note) directs EPA to
use voluntary consensus standards in its regulatory activities and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by one or more voluntary consensus standards bodies. The NTTAA
requires EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
The proposed amendments do not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
List of Subjects in 40 CFR Part 51
Environmental Protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Nitrogen oxides,
Ozone, Particulate matter, Regional haze, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: December 22, 2005.
Stephen L. Johnson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
51 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
Subpart A--[Amended]
2. Subpart A is revised to read as follows:
Subpart A--Air Emissions Reporting Requirements
General Information For Inventory Preparers
Sec.
51.1 Who is responsible for actions described in this subpart?
51.5 What tools are available to help prepare and report emissions
data?
51.10 How does my State report emissions that are required by the
NOX SIP Call and the Clean Air Interstate Rule?
Specific Reporting Requirements
51.15 What data does my State need to report to EPA?
51.20 What are the emission thresholds that separate point and
nonpoint sources?
51.25 What geographic area must my State's inventory cover?
51.30 When does my State report which emissions data to EPA?
51.35 How can my State equalize the emissions inventory effort from
year-to-year?
51.40 In what form and format should my State report the data to
EPA?
51.45 Where should my State report the data?
51.50 What definitions apply to this subpart?
Tables to Subpart A of Part 51
Table 1 to Subpart A of Part 51. Emission Thresholds by Pollutant
(tpy\1\) for Treatment of Point Sources as Type A Under 40 CFR 51.30
Table 2a to Subpart A of Part 51. Data Elements For Reporting on
Emissions from Point Sources, Where Required by 40 CFR 51.30
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
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Table 2c to Subpart A of Part 51. Data Elements For Reporting on
Emissions from Onroad Mobile Sources, Where Required by 40 CFR 51.30
Subpart A--Air Emissions Reporting Requirements General Information
for Inventory Preparers
Sec. 51.1 Who is responsible for actions described in this subpart?
States must inventory emission sources located on non-tribal lands
and report this information to EPA.
Sec. 51.5 What tools are available to help prepare and report
emissions data?
We urge your State to use estimation procedures described in
documents from the Emission Inventory Improvement Program (EIIP). These
procedures are standardized and ranked according to relative
uncertainty for each emission estimating technique. Using this guidance
will enable others to use your State's data and evaluate its quality
and consistency with other data.
Sec. 51.10 How does my State report emissions that are required by
the NOX SIP Call and the Clean Air Interstate Rule?
The District of Columbia and States that are subject to the
NOX SIP Call (Sec. 51.121 of this part) are subject to the
emissions reporting provisions of Sec. 51.122 of this part. The
District of Columbia and States that are subject to the Clean Air
Interstate Rule are subject to the emissions reporting provisions of
Sec. 51.125 of this part. This subpart A incorporates the pollutants,
source, time periods, and required data elements for both of these
reporting