

[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Proposed Rules]               
[Page 69-84]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja06-29]                         

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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.

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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:
     http://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 
http://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 
http://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 
http://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 http://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 
http://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 
http://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

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at http://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 http://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).
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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 http://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\
---------------------------------------------------------------------------

    \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 http://www.epa.gov/ttn/chief/nif/index.html
.

---------------------------------------------------------------------------

    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. 
http://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

[[Page 76]]

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

[[Page 77]]

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

[[Page 78]]

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 requirements.

Specific Reporting Requirements


Sec.  51.15  What data does my State need to report to EPA?

    (a) Pollutants. Report actual emissions of the following (see 
Definitions in Sec.  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).
    (2) Required pollutants for every-year reporting of annual (12-
month) emissions for sources controlled to meet the requirements of 
Sec.  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 
Sec.  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.


Sec.  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 reported as point sources. All pollutants specified in 
Sec.  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.


Sec.  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.


Sec.  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 Sec.  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.

[[Page 79]]

    (2) States subject to Sec. Sec.  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 Sec.  51.123 of this 
part. This requirement begins with the 2009 inventory year. This 
requirement does not apply to any State subject to Sec.  51.123 of this 
part solely because of its contribution to ozone nonattainment in 
another State.
    (3) States subject to Sec. Sec.  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 Sec.  51.124 of this part. This requirement begins 
with the 2009 inventory year.
    (4) States subject to Sec. Sec.  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 Sec.  
51.123 of this part. This requirement begins with the 2009 inventory 
year. This requirement does not apply to any State subject to Sec.  
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 Sec.  
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 Sec.  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 Sec.  51.123(o) or Sec.  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 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 Sec.  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 3-year 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 Sec.  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 Sec. Sec.  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 3-year 
cycle inventories will be due as specified under paragraph (b)(1) of 
this section. This requirement does not apply to any State subject to 
Sec.  51.123 of this part solely because of its contribution to 
PM2.5 nonattainment in another State.
    (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.


Sec.  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 one-third 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 one-third 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

[[Page 80]]

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.


Sec.  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: http://www.epa.gov/ttn/chief/nif/index.html. 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.


Sec.  51.45  Where should my State report the data?

    (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: http://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..



Sec.  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 
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 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

[[Page 81]]

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   ------------------------------------------------------------
            Pollutant              (type A sources)   Type B sources
                                                            \1\                         NAA \2\
----------------------------------------------------------------------------------------------------------------
1. SOX...........................            >=2500             >=100  >=100
2. VOC...........................             >=250             >=100  O3 (moderate) >=100
3. VOC...........................  ................  ................  O3 (serious) >=50
4. VOC...........................  ................  ................  O3 (severe) >=25
5. VOC...........................  ................  ................  O3 (extreme) >=10
6. NOX...........................            >=2500             >=100  >=100
7. CO............................            >=2500            >=1000  O3 (all areas) >=100
8. CO............................  ................  ................  CO (all areas) >=100
9. Pb............................  ................               >=5  >=5
10. PM10.........................             >=250             >=100  PM10 (moderate) >=100
11. PM10.........................  ................  ................  PM10 (serious) >=70
12. PM2.5........................             >=250             >=100  >=100
13. NH3..........................             >=250             >=100  >=100
----------------------------------------------------------------------------------------------------------------
\1\ Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant.
\2\ NAA = Nonattainment Area. Special point source reporting thresholds apply for certain pollutants by type of
  nonattainment area. The pollutants by nonattainment area are: Ozone: VOC, NOX, CO; CO; CO; PM10: PM10.

    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.
    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 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.

[[Page 82]]

    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 
EPA-assigned 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
------------------------------------------------------------------------
                                         Emissions threshold for type A
               Pollutant                            treatment
------------------------------------------------------------------------
1. SO2................................   >=2500.
2. VOC................................   >=250.
3. NOX................................   >=2500.
4. CO.................................   >=2500.
5. Pb.................................   Does not determine Type A
                                         status.
6. PM10...............................   >=250.
7. PM2.5..............................   >=250.
8. NH3 \2\............................   >=250.
------------------------------------------------------------------------
\1\ tpy = Tons per year of actual emissions.
\2\ Ammonia 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.


    Table 2a to Subpart A of Part 51.--Data Elements for Reporting on
      Emissions From Point Sources, Where Required by 40 CFR 51.30
------------------------------------------------------------------------
                                               Every-year    Three-year
                Data elements                   reporting     reporting
------------------------------------------------------------------------
1. Inventory year...........................     [bcheck]      [bcheck]
2. Inventory start date.....................     [bcheck]      [bcheck]
3. Inventory end date.......................     [bcheck]      [bcheck]
4. Inventory type...........................     [bcheck]      [bcheck]
5. Contact name.............................     [bcheck]      [bcheck]
6. Contact phone number.....................     [bcheck]      [bcheck]
7. FIPS code................................     [bcheck]      [bcheck]
8. Facility ID codes........................     [bcheck]      [bcheck]
9. Unit ID code.............................     [bcheck]      [bcheck]
10. Process ID code.........................     [bcheck]      [bcheck]
11. Stack ID code...........................     [bcheck]      [bcheck]
12. Site name...............................     [bcheck]      [bcheck]
13. Physical address........................     [bcheck]      [bcheck]
14. SCC or PCC..............................     [bcheck]      [bcheck]
15. Heat content (fuel) (annual average)....     [bcheck]      [bcheck]
16. Heat content (fuel) (ozone season, if        [bcheck]      [bcheck]
 applicable)................................
17. Ash content (fuel) (annual average).....     [bcheck]      [bcheck]
18. Sulfur content (fuel) (annual average)..     [bcheck]      [bcheck]

[[Page 83]]


19. Pollutant code..........................     [bcheck]      [bcheck]
20. Activity/throughput (for each period         [bcheck]      [bcheck]
 reported)..................................
21. Summer day emissions (if applicable)....     [bcheck]      [bcheck]
22. Ozone season emissions (if applicable)..     [bcheck]      [bcheck]
23. Annual emissions........................     [bcheck]      [bcheck]
24. Emission factor.........................     [bcheck]      [bcheck]
25. Winter throughput (percent).............     [bcheck]      [bcheck]
26. Spring throughput (percent).............     [bcheck]      [bcheck]
27. Summer throughput (percent).............     [bcheck]      [bcheck]
28. Fall throughput (percent)...............     [bcheck]      [bcheck]
29. Hr/day in operation.....................     [bcheck]      [bcheck]
30. Start time (hour).......................     [bcheck]      [bcheck]
31. Day/wk in operation.....................     [bcheck]      [bcheck]
32. Wk/yr in operation......................     [bcheck]      [bcheck]
33. X stack coordinate (longitude)..........  ............     [bcheck]
34. Y stack coordinate (latitude)...........  ............     [bcheck]
35. Method accuracy description (MAD) code..  ............     [bcheck]
36. Stack height............................  ............     [bcheck]
37. Stack diameter..........................  ............     [bcheck]
38. Exit gas temperature....................  ............     [bcheck]
39. Exit gas velocity.......................  ............     [bcheck]
40. Exit gas flow rate......................  ............     [bcheck]
41. SIC/NAICS and at the facility and unit    ............     [bcheck]
 levels.....................................
42. Design capacity (including boiler         ............     [bcheck]
 capacity if applicable)....................
43. Maximum generator nameplate capacity....  ............     [bcheck]
44. Primary capture and control efficiencies  ............     [bcheck]
 (percent)..................................
45. Total capture and control efficiency      ............     [bcheck]
 (percent)..................................
46. Control device type.....................  ............     [bcheck]
47. Control status..........................  ............     [bcheck]
48. Emission type...........................  ............     [bcheck]
49. Emission release point type.............  ............     [bcheck]
50. Rule effectiveness (percent)............  ............     [bcheck]
------------------------------------------------------------------------


    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
------------------------------------------------------------------------
                                               Every-year    Three-year
                Data elements                   reporting     reporting
------------------------------------------------------------------------
1. Inventory year...........................     [bcheck]      [bcheck]
2. Inventory start date.....................     [bcheck]      [bcheck]
3. Inventory end date.......................     [bcheck]      [bcheck]
4. Inventory type...........................     [bcheck]      [bcheck]
5. Contact name.............................     [bcheck]      [bcheck]
6. Contact phone number.....................     [bcheck]      [bcheck]
7. FIPS code................................     [bcheck]      [bcheck]
8. SCC or PCC...............................     [bcheck]      [bcheck]
9. Emission factor..........................     [bcheck]      [bcheck]
10. Activity/throughput level (for each          [bcheck]      [bcheck]
 period reported)...........................
11. Total capture/control efficiency             [bcheck]      [bcheck]
 (percent)..................................
12. Rule effectiveness (percent)............     [bcheck]      [bcheck]
13. Rule penetration (percent)..............     [bcheck]      [bcheck]
14. Pollutant code..........................     [bcheck]      [bcheck]
15. Ozone season emissions (if applicable)..     [bcheck]      [bcheck]
16. Summer day emissions (if applicable)....     [bcheck]      [bcheck]
17. Annual emissions........................     [bcheck]      [bcheck]
18. Winter throughput (percent).............     [bcheck]      [bcheck]
19. Spring throughput (percent).............     [bcheck]      [bcheck]
20. Summer throughput (percent).............     [bcheck]      [bcheck]
21. Fall throughput (percent)...............     [bcheck]      [bcheck]
22. Hrs/day in operation....................     [bcheck]      [bcheck]
23. Days/wk in operation....................     [bcheck]      [bcheck]
24. Wks/yr in operation.....................     [bcheck]      [bcheck]
------------------------------------------------------------------------


[[Page 84]]


 Table 2c.--Data Elements for Reporting on Emissions From Onroad Mobile
                 Sources, Where Required by 40 CFR 51.30
------------------------------------------------------------------------
                                               Every-year    Three-year
                Data elements                   reporting     reporting
------------------------------------------------------------------------
1. Inventory year...........................     [bcheck]      [bcheck]
2. Inventory start date.....................     [bcheck]      [bcheck]
3. Inventory end date.......................     [bcheck]      [bcheck]
4. Inventory type...........................     [bcheck]      [bcheck]
5. Contact name.............................     [bcheck]      [bcheck]
6. Contact phone number.....................     [bcheck]      [bcheck]
7. FIPS code................................     [bcheck]      [bcheck]
8. SCC or PCC...............................     [bcheck]      [bcheck]
9. Emission factor..........................     [bcheck]      [bcheck]
10. Activity (VMT by SCC)...................     [bcheck]      [bcheck]
11. Pollutant code..........................     [bcheck]      [bcheck]
12. Ozone season emissions (if applicable)..     [bcheck]      [bcheck]
13. Summer day emissions (if applicable)....     [bcheck]      [bcheck]
14. Annual emissions........................     [bcheck]      [bcheck]
15. Winter throughput (percent).............     [bcheck]      [bcheck]
16. Spring throughput (percent).............     [bcheck]      [bcheck]
17. Summer throughput (percent).............     [bcheck]      [bcheck]
18. Fall throughput (percent)...............     [bcheck]      [bcheck]
------------------------------------------------------------------------

Subpart G--[Amended]

    3. Section 51.122 is revised to read as follows:


Sec.  51.122  Emissions reporting requirements for SIP revisions 
relating to budgets for NOX emissions.

    (a) For its transport SIP revision under Sec.  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 Sec.  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 Sec.  
51.121(g).
    (ii) If sources report NOX emissions data to EPA for a 
given year pursuant to a trading program approved under Sec.  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 (i.e., every 3rd year) reporting of NOX emissions 
data from all sources within the State.
    (3) The data availability requirements in Sec.  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 Sec.   51.122(e)(2).--Schedule for Submitting Reports
------------------------------------------------------------------------
           Data collection year               Type of report  required
------------------------------------------------------------------------
2005......................................  Triennial.
2006......................................  Annual.
2007......................................  Annual.
2008......................................  Triennial.
2009......................................  Annual.
2010......................................  Annual.
2011......................................  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 Sec.  51.50 of this part.

[FR Doc. 05-24614 Filed 12-30-05; 8:45 am]

BILLING CODE 6560-50-P
