[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Rules and Regulations]
[Page 76539-76558]
[DOCID:fr17de08-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2004-0489; FRL-8749-5]
RIN 2060-AN20

Air Emissions Reporting Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes changes to EPA's emission inventory
reporting requirements. This action consolidates, reduces, and
simplifies the current requirements; adds limited new requirements;
provides additional flexibility to states in the ways they collect and
report emissions data; and accelerates the reporting of emissions data
to EPA by state and local agencies.

DATES: This final rule is effective on December 17, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2004-0489. All documents in the docket are listed on the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Emissions Reporting Requirements Docket, EPA/DC, EPA West Building,
Room 3334, 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<PHONE_NUMBER>, and the telephone number for the Air Docket is
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact
Dennis Beauregard, U.S. EPA, Office of Air Quality Planning and
Standards, Air Quality Assessment Division, Mail Code C339-02, Research
Triangle Park, North Carolina 27711; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
For legal questions, please contact Kristi Smith, U.S. EPA, Office of
General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. Public Comments on Proposed Rule
    D. Judicial Review
II. Background and Purpose of This Rulemaking
III. Response to Comments
    A. Major Source Definition for Point Source Reporting
    B. Harmonizing Report Due Dates
    C. Accelerating Report Due Dates
    D. Reporting Biogenic Emissions
    E. Reporting Emission Model Inputs
    F. Reporting Summer Day Emissions
    G. Reporting Winter Work Weekday Emissions
    H. New Data Elements
    I. Identification of New Emissions Related Data Requirements
    J. Revisions to Specific Data Elements
IV. This Action
    A. Consolidation of Reporting Requirements
    B. Point Source Reporting
    C. Report Due Dates
    D. Reporting Biogenic Emissions
    E. Reporting Emission Model Inputs
    F. Reporting Summer Day Emissions
    G. Reporting Winter Work Weekday Emissions
    H. New Data Elements
I. Identification of New Emissions Related Data Requirements
    J. Revisions to Specific Data Elements
    K. EPA Initiated Changes
V. 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 Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by this action
include:

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                                                   NAICS code
                    Category                          \a\                Examples of regulated entities
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State/local/tribal government...................        92411  State, territorial, and local government air
                                                                quality management programs. Tribal governments
                                                                are not affected, unless they have sought and
                                                                obtained treatment as state status under the
                                                                Tribal Authority Rule and, on that basis, are
                                                                authorized to implement and enforce the Air
                                                                Emissions Reporting Requirements rule.
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\a\ 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.\1\ This action requires states to 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 will be regulated by this action, you should examine the
applicability criteria in 40 CFR 51.1 of this rule. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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    \1\ As prescribed by the Tribal Authority Rule (63 FR 7253, Feb.
12, 1998), codified at 40 CFR part 49, subpart A, tribes may elect
to seek treatment as State (TAS) status and obtain approval to
implement rules such as the AERR through a Tribal Implementation
Plan (TIP), but tribes are under no obligation to do so. However,
those tribes that have obtained TAS status are subject to the AERR
to the extent allowed in their TIP. Accordingly, to the extent a
tribal government has applied for and received TAS status for air
quality control purposes and is subject to the AERR under its TIP,
the use of the term State(s) in the AERR shall include that tribal
government.
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B. 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
this final action will also be available on the worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the final amendments will be
placed on the TTN's Clearing House for Inventories and Emission Factors
(CHIEF) Web site at http://www.epa.gov/ttn/chief.

C. Public Comments on Proposed Rule

    The 120-day comment period for the proposed rule expired on May 3,
2006. We received comments from 39 correspondents. These comments were
submitted by 22 state and local agency representatives, 1 organization
of state and local clean air agencies, 9 industries, 2 chambers of
commerce and 5 commenters with no identified affiliation. While several
comments were received days after the comment period ended, EPA did not
treat these comments differently from comments received during the
comment period. EPA has carefully considered all comments in developing
the final amendments. Summaries of significant comments and EPA's
responses are contained in this preamble. All comments are summarized
and addressed in the document titled ``Response to Comments,'' which is
available from the docket.

D. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
by February 17, 2009. Only those objections to this final rule that
were raised with reasonable specificity during the period for public
comment may be raised during judicial review. Under section 307(b)(2)
of the CAA, the requirements that are the subject of this final rule
may not be challenged later in civil or criminal proceedings brought by
EPA to enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides a mechanism for us
to convene a proceeding for reconsideration, ``[i]f the person raising
an objection can demonstrate to the Administrator that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200
Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the
persons listed in the preceding FOR FURTHER INFORMATION CONTACT
section, and the Associate General Counsel for the Air and Radiation
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200
Pennsylvania Ave., NW., Washington, DC 20460.

II. Background and Purpose of This Rulemaking

    In today's action, EPA is amending the emission inventory reporting
requirements in 40 CFR part 51, subpart A, and in 40 CFR 51.122. This
action harmonizes reporting requirements under the NOX SIP
Call and the Consolidated Emissions Reporting Rule (CERR). It also
removes and simplifies some existing emissions reporting requirements
which we believe are not necessary or appropriate; allows states to
better track changes in source emissions, shutdowns, and startups over
time by using the 40 CFR 70 definition of major source for point source
reporting; deletes a requirement for states to report biogenic
emissions; and offers states the option of reporting emission model
inputs in lieu of reporting emissions for certain source categories.
These changes were widely supported by states because they will
simplify and reduce the states' reporting burden.
    In the preamble to the January 3, 2006, AERR proposed rulemaking
(71 FR 69) we discussed state reporting requirements under the Clean
Air Interstate Rule (CAIR) and included requirements for CAIR reporting
in 40 CFR 51.123-51.125 under Subpart A. On July 11, 2008, the United
States Court of Appeals for the District Court of Columbia Circuit
vacated CAIR in its entirety. Accordingly, all references to CAIR and
its reporting requirements have been removed from the final AERR. If
CAIR (or some similar rule) becomes effective in the future, EPA will
initiate a new rulemaking, as necessary, to address emission reporting
requirements for that rule.
    Because we are consolidating, harmonizing and updating two pre-
existing sets of state emissions reporting requirements, we are
reviewing the purpose, authority, and history of emissions reporting
requirements in general.
    Emission 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, particulate matter (PM) and carbon monoxide
(CO). To assist these efforts, EPA initiated an effort in the early
1990's to develop a central repository of inventory data for all states
that is now known as the National Emission Inventory (NEI). Emission
inventory data reported electronically under the CERR is stored in the
NEI database and used by EPA and by states for air quality modeling,
tracking progress in meeting CAA requirements, setting policy, and
answering questions from the public. States often use the NEI as a
starting point in developing emission inventories for support of State
implementation plans (SIPs).
    Pursuant to its authority under sections 110 and 172 of the CAA,
EPA has required SIPs to include inventories containing information
regarding criteria pollutant emissions and their precursors (e.g.,
volatile organic compounds (VOC)). The EPA codified these inventory
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 CAA provisions
related to the attainment of the NAAQS and the protection of visibility
in Class I areas. These revisions established new periodic emission
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 emission 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 emission
reporting requirements in the CFR, but simply relied on the statutory
language to implement them.
    Title IV of the 1990 CAA Amendments also added requirements for
reporting of emissions by sources subject to the Acid Rain Program
(ARP). Affected sources must report hourly NOX,
SOX and CO2 data to EPA's Clean Air Markets
Division on a quarterly basis. Generally, these sources report annual
NOX and SOX data aggregated from the hourly ARP
data as well as other criteria and precursor pollutant emissions to
states to satisfy reporting requirements for state permitting and
emission inventory programs.
    In 1998, EPA promulgated the NOX SIP Call which required
the affected states and the District of Columbia to submit SIP
revisions providing 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, the 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 of 40 CFR part 51,
expanding their geographic and pollutant coverages, while simplifying
them in other ways.
    The principal statutory authority for the emission 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.\2\ 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). This final rule
will consolidate these requirements, with modifications as described
below. The modifications are intended to harmonize, reduce, and
simplify the emissions reporting requirements, and also make emissions
reporting easier.
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    \2\ Other CAA provisions relevant to these proposed amendments
include section 172(c)(3) (requires SIPs for nonattainment areas to
include comprehensive, current inventory of actual emissions,
including periodic revisions); section 182(a)(3)(A) (requires
emission inventories from ozone nonattainment areas); and section
187(a)(5) (requires emission inventories from CO nonattainment
areas).
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    Under the NOX SIP Call requirements in 40 CFR 51.122,
NOX emissions 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 NOX SIP Call are
required to be reported by the affected states to EPA every year.
However, NOX emissions from sources reporting directly to
EPA as part of the NOX trading program are not required to
be reported by the states to EPA every year. The affected states are
also required to report ozone season emissions and typical summer work
weekday emissions of NOX from all sources every third year
(2002, 2005, 2008, etc.). This triennial reporting process does not
have an exemption for sources participating in the NOX SIP
Call emissions trading program. 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 (promulgated
October 27, 1998) was required for the 2002 inventory year which was
the year prior to the emissions reductions requirement. The reports are
due to EPA on December 31 of the 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, see Michigan v. EPA, 213 F.3d 663
(D.C. Cir. 2000), cert. denied, 121 S. Ct. 1225, 149 L. ED. 135 (2001),
no state was required to start reporting until the 2003 inventory year.
In addition, EPA subsequently 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 began with 2006. The emissions reporting requirements under
the NOX SIP Call presently 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
``Consolidated Emissions Reporting Rule,'' the CERR left in place
separate reporting requirements for the NOX SIP Call under
40 CFR 51.122. 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.
    The CERR and the NOX SIP Call both require states to
report emissions of all sources at 3-year intervals (inventory years
2002, 2005, 2008, etc.). However, there are a number of differences
between the two rules. The CERR also requires reporting of certain
large sources every year, and the required reporting date under the
CERR is 5 months later than under the NOX SIP Call reporting
requirements. Also under the CERR, emissions must be reported by all
states as a total for the entire inventory year, for a typical work
weekday in winter, and for a typical work weekday in summer, but not a
total for the 5-month ozone season as is required by the NOX
SIP Call. The NOX SIP Call requires a special all-sources
report by affected states for the year 2007 due December 31, 2008.\3\
Finally, the CERR and the NOX SIP Call differ in what non-
emissions data elements must be reported.
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    \3\ It is important to note that the NOX SIP Call
requires a special all-sources report by affected States for the
2007 inventory year due December 31, 2008. While the CAIR had
removed the requirement to submit the special all-sources report,
the recent vacatur of CAIR in its entirety means that the special
all-sources report is once again a requirement under the
NOX SIP Call.
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III. Response to Comments

    We have addressed all comments in detail and placed them in the
Response to Comments document in the docket. The comments that concern
significant proposed changes have been summarized and addressed, as
discussed below. As an aid to the reader, we have grouped related
comments under headings that generally correspond to the organization
of the proposed rulemaking.

A. Major Source Definition for Point Source Reporting

    In all states, we proposed to expand the definition of sources that
must be reported in the point source format,

resulting in fewer sources included in the nonpoint source formats.\4\
We proposed 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, lead and ammonia (NH3). Those major sources
were further classified as Type A (large sources) and Type B (small
sources), with differing reporting requirements for each type.
Currently, the requirement for point source reporting is based on
thresholds of actual emissions during the inventory year. While it has
always been an option for states to include all such sources, and we
know that some states already do, expanding the point source definition
may require more sources to be reported as point sources every third
year. Affected states would continue to report their actual emissions,
but the new approach would make it possible to better track changes in
source emissions, shutdowns, and start-ups over time. Because states
have existing lists of sources subject to 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 proposed that these new requirements begin with the
2008 inventory year.
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    \4\ 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 nonmajor source of
hazardous air pollutants, which could or could not be a point
source. As emission inventory activities increasingly encompass both
NAAQS-related pollutants and hazardous air pollutants, the differing
uses of ``area source'' can cause confusion. Accordingly, EPA is
substituting the term ``nonpoint source'' for the term ``area
source'' in subpart A and in subpart G (Sec.  51.122 to avoid
confusion.
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    We received a number of comments on the provision regarding point
source format reporting. All commenters supported changing the
definition of a point source for reporting purposes to that used in 40
CFR part 70. Therefore, EPA intends to implement this reporting change
but with certain caveats prompted by other comments, as discussed
below.
    One commenter thought that the table included in the definition for
point source in the proposed rule was inconsistent with the proposed
reporting requirements using the Title V definition. The commenter
noted that the definition for ``type A source'' seemed inconsistent
with the proposed change from actual emissions to ``potential to
emit.''
    The EPA agrees with the commenter that there were some
inconsistencies in the proposed rule. The preamble for the proposed
rule stated that EPA is ``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 * *
*.'' This indicated that reporting thresholds for all point sources
would be based upon the 40 CFR part 70 definition of ``potential to
emit'' (PTE). However, we further stated that ``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.'' Later in the preamble, we stated that ``this change may
require more sources to be reported as point sources every third
year.'' Both sentences imply that the change would apply only to Type B
sources. Application of the 40 CFR part 70 point source definition to
all point sources would likely require some existing Type B point
sources to be reported each year as Type A sources, which was not
identified as a likely change in point source reporting.
    The EPA used the definition for point source to establish that use
of the 40 CFR part 70 major source definition would begin with the 2008
inventory year. Point source reporting for years prior to 2008 would
continue to be based upon use of ``actual emissions.'' However, the
point source definition includes a table for reporting Type A and B
sources, and that table indicates that the reporting thresholds in the
table are ``in tons per year of actual emissions.'' While EPA intended
that the emissions reported would continue to be actual emissions, PTE
was to be used to determine point source reporting requirements, and no
consideration of this change is included in the table.
    The proposed definition for Type A sources required use of ``actual
annual emissions'' to determine reporting requirements. However, the
use of actual annual emissions to determine Type A sources appears to
conflict with the point source definition (applicable to both Type A
and B point sources), which indicated that emission reporting for 2008
and later years would be determined using the 40 CFR part 70 definition
of ``major source,'' which uses PTE.
    Given the confusing preamble language and apparent conflict in the
text of the regulation, EPA will accept use of either approach to
determine Type A point source reporting requirements for the 2009
inventory year. For the inventory years following 2009, EPA will expect
states to use the 40 CFR part 70 major source definition for all point
sources to simplify reporting requirements, as discussed in the
proposal preamble. Accordingly, EPA has revised the definition of Type
A sources and Table 1 in Appendix A to subpart A to make clear that the
40 CFR part 70 definition of major source will be used to determine
point source reporting requirements following the 2009 inventory year.

B. Harmonizing Report Due Dates

    The CERR reporting dates are 5 months later than the NOX
SIP Call. The NOX SIP Call rule requires the affected states
to submit emission inventory reports for a given ozone season to EPA by
December 31 of the following year, 12 months after the end of the
inventory year. The CERR requires similar but not identical reports
from all states by the following May 31, 17 months after the end of the
inventory year. The EPA believes that harmonizing these reporting dates
would be efficient for both states and EPA.
    The EPA proposed to shorten the timeline of 17 months for reporting
under the CERR to be consistent with the 12 months for reporting under
the NOX SIP Call. A second alternative requiring 12 months
for reporting of point sources and 17 months for nonpoint and mobile
sources was also proposed.
    Most commenters expressed support for the concept of harmonizing
the reporting requirements under the NOX SIP Call and the
CERR, but were concerned about the alternative of using the 12-month
timeline for some or all sources for the 2008 inventory year. In
general, the commenters were concerned that a 12-month timeline might
compromise the quality of the data and urged EPA to harmonize the
report due date at 17 months for all emission sectors (point, nonpoint,
and mobile).
    The EPA agrees with the concerns of the commenters regarding the
proposal to tighten the timeline to 12 months for the 2008 inventory
year, and accordingly, has decided to delay implementing the AERR and
the 12-month timeline for reporting of all emission sectors until 2009.
Since the 2009 and 2010 inventory years require reporting for Type A
(large point) sources only, one impact of this action

is to delay implementing a 12-month timeline for reporting of all
sources until the 2011 inventory year, which is the next 3-year
comprehensive emission inventory year. For the 2008 inventory year,
retaining the existing 17-month timeline under the CERR will provide
additional stability for states using the new data submittal and
operating procedures for the Emission Inventory System (EIS), which
will be operational for the 2008 inventory year. The 17-month timeline
will allow state agencies to adapt to the new data reporting and system
requirements without introducing additional constraints and uncertainty
to the process. It will also provide a complete inventory cycle for EPA
to correct any problems with the new system procedures.
    The EPA notes that although some commenters supported a 17-month
timeline for reporting of all source emissions for the 2008 inventory
year, we did not propose to extend the existing 12-month timeline for
reporting under the NOX SIP Call. Thus, the NOX
SIP Call 12-month timeline will be retained for the 2008 inventory
year, and harmonized reporting under the AERR will be implemented for
the 2009 inventory year.

C. Accelerating Report Due Dates

    The EPA believes that the public is best served by making
environmental information available as soon as possible. Therefore, we
proposed that the reporting schedule be further accelerated for the
triennial year 2011 and all following years by requiring that emissions
data from all point sources be reported within 6 months from the end of
the inventory year, i.e., by June 30 of the following year. Under the
proposed rule, 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. For example, beginning with the year 1979, states were
required, under subpart Q, to report point source emissions data within
6 months. We invited comment on alternative reporting schedules of 6 to
12 months for point sources and 12 to 17 months for all other sources.
    Most commenters were concerned with the proposed 6-month timeline
for states to submit point source data for the 2011 inventory year. The
commenters generally indicated that the accelerated schedule would
create a very short timeframe for point sources to gather the emissions
data needed to report to states and for states to process and quality
assure the data, resulting in incomplete and inconsistent data quality.
Several commenters thought that tightening the timeline for point
sources to 9 to 12 months would be possible. Some of the commenters
thought that 17 months would continue to be needed for the nonpoint and
mobile source inventory sectors due to the unavailability of data on a
shorter schedule from other agencies needed to develop the emission
estimates.
    Two commenters wanted to retain the existing 17-month timeline for
reporting point, nonpoint, and mobile source data. One of the
commenters expressed concerns that were based primarily on having to
conduct a similar data collection and compilation effort within
California. The commenter thought that the time to conduct this state-
based effort made accelerating the Federal emissions reporting timeline
to less than 17 months unrealistic and could compromise data quality.
The other commenter expressed opposition to the concept of a bifurcated
reporting system which would require submittal of point and nonpoint/
mobile source sector data on separate dates.
    Two commenters thought that Web-based submittal tools needed to
move beyond the developmental stage before it would be possible to
shorten the reporting timeframe to 12 months. One of the two commenters
further indicated that much of the activity data needed to develop the
nonpoint source estimates are not available until 12 to 15 months after
the inventory year and thought EPA should consider using previous year
data as a surrogate for the current year.
    The EPA agrees with the concerns expressed by most of the
commenters regarding the proposed 6-month timeline for submittal of
point source data by the 2011 inventory year. When EPA developed the
proposed rulemaking, a project known as the ``Rapid Inventory
Development Pilot'' was initiated. The EPA has now evaluated the
results of the project and believes that a 6-month timeline for
developing and submitting inventory data is not yet achievable on a
consistent basis with application of proper quality assurance
procedures for all emission inventory source sectors. However, the
project did demonstrate that a timeline shorter than the existing 17
months is possible, since a number of states involved in the project
were able to submit data to EPA 10 months after the emission inventory
year.
    The EPA understands that some difficulties were encountered by
several of the states participating in the project, which indicates
that additional time is needed to refine both the electronic tools and
the procedures to support, on a consistent basis, development and
submittal of emissions data on an expedited timeline. To allow
additional time for technological improvements, EPA will implement a
12-month timeline for data submittals beginning with the 2009 inventory
year. The effect of this will be to require reporting of Type A (large
point) sources using a 12-month timeline for the 2 years before the
comprehensive triennial emission inventory effort for the 2011
inventory year. This will allow for additional development of
electronic tools and refinement of data submittal procedures and for
states to become familiar with operation of the new EIS before the 2011
triennial inventory is due.

D. Reporting Biogenic Emissions

    We proposed to remove a requirement in the existing CERR for states
to report 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.
    Many comments were submitted on the biogenic emissions reporting
requirement, and all supported EPA's proposal to not include biogenic
emissions reporting in the AERR. Based upon the support expressed by
the commenters, EPA will implement this part of the AERR as proposed by
not including the existing reporting requirements (under the CERR) for
annual and typical ozone season day biogenic emissions.

E. Reporting Emission Model Inputs

    We proposed a new provision that would allow states the option of
providing emission inventory estimation model inputs in lieu of the
actual emissions estimates developed from those inputs. This provision
was limited to source categories for which, prior to the report due
date, EPA developed or adopted emissions estimation models and through
guidance defined their necessary inputs. This provision would allow
states 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. Under this option,
EPA will run the emissions model(s) to calculate

emissions and will enter the emissions data into the appropriate
database. Section 51.15(d) limited this option to ``* * * models
capable of estimating emissions from a certain source type on a
national scale * * *.'' and thus restricted its application to nonpoint
and mobile source emission categories. We proposed that this option
would be available starting with the reports on 2005 emissions.
Furthermore, we invited comment on requiring states to provide model
inputs for source categories for which they have utilized a widely
available emissions model as a means of improving the transparency of
the emission estimates themselves and the overall utility of the
submissions in meeting the objectives of the emissions reporting
requirements. Providing model inputs would improve EPA's ability to
assess the quality of the states' emission estimates and to project
future emissions.
    We received several comments on this provision. Most of the
comments were in favor of allowing the option to report model inputs in
lieu of the emissions estimated from the models. However, many of the
commenters did not want to see the reporting of model inputs become a
reporting requirement.
    The EPA agrees with the majority of commenters who supported the
option of submitting input data in lieu of emission estimates and will
make this an option. Although the proposed rule indicated this option
would be available for reporting emissions for the 2005 inventory year,
EPA intends to delay implementation of this option until the 2007
inventory year (due date May 31, 2009) since this rule was not
published before the due date for data from the 2005 inventory year
(May 31, 2007). Although EPA encourages states to submit model inputs
where they have used a widely available model to develop emission
estimates, states will not be required to submit input data when they
provide emission estimates.
    The EPA notes that emissions data based upon physical measurements
are generally preferred over estimates developed using models or
emission factors, but the Agency believes that models and emission
factors are appropriate emission estimation tools when addressing the
ubiquitous nature of some sources and attempting to account for the
many variables affecting certain annual emission estimates. To improve
the application of models and emission factors, EPA urges states to
develop locally derived input data based upon physical measurements
wherever possible.

F. Reporting Summer Day Emissions

    We proposed to retain the requirement for reporting of summer day
emissions from all sources (except biogenic sources) at three-year
intervals, but to restrict the requirement to only those states with
ozone nonattainment areas or states covered by the NOX SIP
Call. We proposed to restrict the requirement to VOC and NOX
emissions, but we invited comment on whether CO emissions should be
required also.
    Several commenters supported EPA's proposal for reporting of summer
day emissions of NOX and VOC. Two commenters thought that
ozone season-day NOX, VOC and CO emissions should be
reported for all areas, while two other commenters questioned the value
of reporting summer day VOC and NOX emissions. Another
commenter thought that requiring ozone season and daily emissions for
point, nonpoint, and nonroad sources was redundant since the temporal
parameters needed to calculate these emissions were required to be
reported.
    One commenter thought that summer day emissions of CO should not be
reported, while two other commenters believed that reporting CO summer
day emissions was necessary but only for CO nonattainment areas.
    The EPA agrees with the majority of the commenters that the
reporting requirements for summer day emissions (VOC and
NOX) from all sources (except biogenic sources) at 3-year
intervals should only include states with ozone nonattainment areas and
states covered by the NOX SIP Call. However, EPA believes
that it is appropriate to also include summer day emissions reporting
for sources in attainment counties that are covered by the
nonattainment area modeling domain used to demonstrate reasonable
further progress (RFP). The EPA's current guidance requires RFP
calculations to be done on an ``average summer weekday emissions''
basis. If the state takes credit for reductions from outside the
nonattainment area, the requirement will be to determine whether there
were reductions in average summer weekday emissions from those sources.
    The EPA believes that reporting of CO summer day emissions is not
necessary since, as noted by one commenter, other data elements already
reported allow summer day emissions to be derived and CO emissions,
unlike VOC and NOX emissions, are not used for tracking RFP.
Therefore, reporting of CO summer day emissions regardless of ozone
attainment status will not be a requirement under the AERR.
    The proposed rule indicated that ``We are proposing to retain the
requirement for reporting of summer day emissions * * *.'' However, the
CERR actually requires reporting of ``work weekday emissions.'' for
point sources and ``summer work weekday emissions'' for nonpoint and
mobile sources. Although we did not receive comments on the work
weekday versus summer day emissions issue, we realize that the preamble
language indicated that no changes would be made to the summer day
emissions definition contained in the CERR (beyond the proposal to
restrict the requirement to ozone nonattainment and NOX SIP
Call areas), but the proposed AERR regulatory language made additional
changes to the definition of ``summer day emissions'' since the CERR
required ``work weekday emissions'' for point sources and ``summer work
weekday emissions'' for nonpoint, nonroad mobile and onroad mobile
sources.
    Accordingly, in recognition of the conflicting language and as
indicated in the preamble to the proposed rule, the final rule will
retain the definition of and requirement to report ``summer day
emissions'' for all sources revised only to the extent that it will
restrict the requirement to ozone nonattainment areas (including
sources in counties that are covered by the modeling domain used to
demonstrate RFP) and NOX SIP Call areas. In addition, the
definition for summer day emissions has been revised to require the use
of work weekday emissions (as required under the CERR) when estimating
summer day emissions for reporting.

G. Reporting Winter Work Weekday Emissions

    We proposed to delete the existing requirement that all states
report emissions for a winter work weekday. This requirement was
originally aimed at tracking progress towards attainment of the CO
NAAQS. We stated our belief that applying this requirement to all
states was no longer warranted given that CO violations are currently
observed in few areas and indicated that we would work directly with
the few remaining affected states to monitor efforts to attain the CO
NAAQS without requiring formal submission of CO inventories.
    Most commenters supported EPA's proposal to delete the reporting
requirement for winter work weekday emissions of CO. However, one
commenter opposed EPA's proposal to eliminate the existing reporting
requirement. The commenter thought that the requirement should be
retained for states that are required to submit

emission inventory data as part of their CO maintenance plans.
    The EPA finds the comment that CO reporting is needed for CO
maintenance plans to be compelling. This need was not considered in the
proposed rule. As noted by the commenter, CO maintenance plans require
tracking of emission reductions to ensure continued maintenance of the
CO NAAQS. Reporting emissions under this rule will aid in standardizing
the data reported and facilitate review of the data by interested
parties.
    A concern not raised by commenters but brought to EPA's attention
since the proposed rule was published relates to requests from states
to discontinue monitoring of ambient CO concentrations in certain areas
that have been redesignated to attainment for CO. The EPA's approval of
such requests is conditioned on the expectation that emissions will not
increase and areas will continue to maintain the CO NAAQS. To provide a
means of ensuring that the CO NAAQS are maintained in areas that no
longer have ambient CO monitors, emissions reporting becomes even more
critical.
    The proposed rule indicated that EPA could work on a case-by-case
basis with the few remaining CO nonattainmment areas regarding
reporting of winter work weekday emissions. However, in this final
rule, EPA has determined that for those areas in which EPA determines
that reporting is still needed, reporting emissions under this rule
will ensure that CO emissions are reported periodically and that the
data are in a standardized format that will facilitate data review and
thus help ensure attainment and maintenance of the CO NAAQS. Therefore,
to monitor progress toward attaining and maintaining the CO NAAQS, EPA
will retain the requirement for reporting winter work weekday emissions
of CO, but will limit it to CO nonattainment areas and areas with CO
maintenance plans.

H. New Data Elements

    We proposed to add several required data elements to the existing
rule. These were 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 reported
emissions are controlled or uncontrolled. It is needed to project
future emissions correctly and to evaluate the impact of emission
control programs correctly. We also invited comment on whether, with
this addition, the current data elements that describe emissions
control equipment type and efficiency were adequate. We indicated our
belief that it is important for states to report on the manner in which
emissions from sources are currently controlled so that opportunities
for control strategy and regulatory development could be assessed. We
questioned whether the existing data elements were adequate and
appropriate for that purpose. The existing 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.\5\
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    \5\ 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.
---------------------------------------------------------------------------

    The emission type is a code describing the temporal period of
emissions reported (e.g., annual, day, etc.). It is needed to ensure
that emissions estimates are used properly.
    The MAD codes provide information about geographic coordinates,
including the collection method, accuracy, and other descriptors. We
proposed to add MAD codes to this rule because EPA's Latitude/Longitude
Data Standard \6\ 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 believed that many states would be able to report these codes
based on existing information. However, in the event that the
information needed to report these codes was not available, states
would not be required to do additional work since there is a ``don't
know'' code.
---------------------------------------------------------------------------

    \6\ Environmental Data Registry: Latitude/Longitude Standard.
2000. U.S. EPA. December 11, 2000. http://oaspub.epa.gov/edr/edr_
proc_qry.navigate?P_LIST_OPTION_CD=CSDIS&P_REG_AUTH_
IDENTIFIER=1&P_DATA_IDENTIFIER=19939&P_VERSION=2.
---------------------------------------------------------------------------

    While several commenters supported EPA's proposal to add new data
elements to this rule, a number of other commenters appeared to be
confused by EPA's proposal since the NEI Input Format (NIF) included
many of the new data elements, and they were already reporting the data
to EPA. These commenters believed that adding the new data elements to
this rule was not necessary and that the proper place for such detailed
information was in the NIF data reporting format or in guidance
documents. Two commenters in this group suggested that a Federal-state
task force be established to review, revise, finalize, and implement
changes in code details.
    The EPA believes that both data reporting rules and data reporting
formats, such as the NIF, are needed for effective data reporting.
Although this rule and NIF address many common data elements for
reporting to EPA, their purposes are somewhat different. Data reporting
rules identify data elements and timelines for reporting. Data
reporting formats such as the NIF address the details of how the data
are to be reported to facilitate handling of the data by EPA.
    The EPA does not believe that using a data formatting protocol such
as the NIF is an effective way to communicate data needs with state
agencies. The EPA has codified data reporting requirements since states
need to understand what data will be required and when it will be
required by EPA to implement programs under the Clean Air Act. The EPA
continues to believe that data elements for reporting and timelines for
submitting data are fundamental requirements for states and therefore
are appropriate levels of detail to be addressed through the rulemaking
process.
    One commenter suggested that a Federal-state task force be
established to review, revise, finalize, and implement changes in code
details. Such a task force has since been established to help with
developing the new EIS. The EPA expects the task force to update tools
and guidance materials for data reporting, as well as periodically
review data elements and reporting codes for use by state agencies.
    Two commenters thought that the addition of a control status code
would not make the status of a facility any more clear and believed
that the control status of a facility could be determined from other
data elements already required for reporting under the CERR and
proposed under the AERR (e.g., control device codes and control
efficiency).
    One of the commenters pointed out that EPA's detailed reporting
instructions provide for the ``control device'' data element to specify

nonphysical equipment control techniques such as ``low solvent
coatings,'' ``water-borne coatings,'' ``process change,'' and several
varieties of combustion modifications.
    The EPA notes that ``control status'' was the only new data element
in the proposal that was not already in the NIF Version 3.0 and thus
was perceived as a new data reporting requirement by several
commenters. This new data element would require states to indicate if a
source is controlled or uncontrolled. The EPA agrees with the concerns
expressed by the commenters that this new data element is not needed.
The data reporting requirements proposed under this action for control
types and efficiencies in combination with reporting codes for those
data elements will be sufficient to discern whether or not sources are
uncontrolled or controlled and to what extent. Therefore, EPA has
decided to not include Control Status as a new data element in this
action.
    One commenter stated that the current data fields for point sources
do not ask for the total capture/control efficiency, which is required
for nonpoint sources. The commenter thought that the capture efficiency
along with the total capture/control efficiency should be required for
point sources since the current requirements for primary and secondary
control efficiencies do not provide a way to determine the overall
control efficiency. The EPA believes that the ``total capture and
control efficiency'' data element proposed for point source reporting
addresses the commenter's concern since this data element is intended
to require data reporting on the overall effects of multiple control
systems.
    One commenter did not believe that ``Rule Effectiveness'' had ever
been explained adequately and stated that it was not apparent how or if
it could be used without knowledge of how it relates to the other
terms. The EPA disagrees with the commenter's concerns. In the spring
of 2004, EPA convened a workgroup consisting of emission inventory
staff from state, local, and EPA offices to review existing rule
effectiveness (RE) guidance and develop a consensus recommendation for
improvements to this guidance. The revised RE guidance developed by the
workgroup is found in Appendix B of the document titled Emissions
Inventory Guidance for Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS) and Regional Haze
Regulations--EPA-454/R-05-001 (August 2005, updated November 2005). The
EPA believes the workgroup presented a clear rationale regarding
development and implementation of the new approach to adjusting
emission inventories to address RE, explaining how RE can be used to
adjust the control efficiency, from what could be realized under ideal
conditions to what is actually emitted in practice due to less than
ideal conditions. Accordingly, EPA has expanded the regulatory
definition of RE to explain how it is used in making these adjustments.
    Several commenters were generally opposed to any additional
reporting requirements for states that would be passed on to businesses
but offered no specific concerns with the individual requirements. The
reporting requirements of this rule will apply to states and not to
sources. However, we recognize that in some cases, states will need to
modify their data reporting rules to meet the requirements of this rule
for data elements to be reported and the new timelines for reporting.
The EPA notes that the burden estimate from the proposed rule's
Supporting Statement for the Information Collection Request (ICR)
indicates the AERR will not increase the reporting burden on states or
impose an additional burden on sources.

I. Identification of New Emissions Related Data Requirements

    We invited comment on whether or not additional emissions related
data should be required. Several commenters encouraged EPA to include
specific requirements in this rule for reporting hazardous air
pollutants (HAPs) emissions data for Title V facilities. One commenter
encouraged EPA to include requirements for reporting HAPs from all
emission sources.
    The EPA is not including requirements for reporting HAPs in this
rule. However, EPA has developed national level inventories of HAP
emissions on a 3-year cycle since 1990. These inventories have provided
support for development of HAP control programs, helped assess HAP air
quality trends, and provided a means to track EPA's progress on
controlling HAP emissions under the Government Performance Results Act.
The success of EPA's efforts rests in large measure on the cooperation
of states in submitting HAP data to EPA to support the development of
national HAP emission inventories. Each emission inventory cycle has
benefited from increased state agency participation in submitting HAP
data. The EPA believes it will be possible to continue developing and
improving national level HAP inventories using the cooperative approach
employed to date but intends to closely monitor the participation of
state agencies in this effort. The EPA understands the concerns of some
state agencies regarding the need for a HAP data reporting rule and
may, should the need arise, revisit this issue in the future.

J. 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 elements
differently than the CERR. The EPA reviewed both lists in light of more
recent reporting experiences and EPA's insight into the difficulty
states face in collecting and submitting these data elements and their
utility to EPA, other states, and other users. We proposed to combine
the separate lists of required elements for the NOX SIP Call
and the CERR into a single new list in this rule. The EPA proposed that
the following data elements from the NOX SIP Call be
eliminated: ``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 proposed that
these relatively minor changes become applicable starting with the
first required emissions reports following promulgation of this rule.
    There were a number of data elements required in the proposed
amendments on which we invited comment as to whether they should be
dropped in the final amendments based upon their current usefulness and
sufficiency. These were 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 were carried
forward from emissions reporting systems previously used by EPA.
    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. The requirement to report all three elements is
redundant since any one of these can be calculated from the other two.
We invited comment on which of these data elements, if any, to drop
from the required list. Our preference was to

collect the data element that was most closely tied to an actual
operating measurement. Alternatively, we proposed to allow states to
report either exit gas flow or exit gas velocity, at their option.
    Finally, we proposed to modify 40 CFR part 51.35 to allow states
that obtained one-third of their necessary emissions estimates from
point sources and/or prepared one-third of their nonpoint or mobile
source emissions estimates each year on a rolling basis, to submit
their data as a single package on the required every third year
submission date. The existing requirement allows states to report these
partial emissions estimates annually as they are completed. Our
proposal required that states accumulate all 3 years of work and then
make a single data submission by the due date for the triennial
emission inventory year. 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 consistent 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.
    Most commenters agreed with EPA's proposal to combine the separate
lists of required data elements for the CERR and the NOX SIP
Call into a single new list of required data elements, thus eliminating
several requirements from the NOX SIP Call: area
designation, Federal ID code (plant), Federal ID code (point), Federal
ID code (process), 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. Several commenters suggested that the list of data
elements be maintained in the NIF rather than in this rule to allow for
changes in required data elements without the need for rulemaking.
    The EPA agrees with the commenters who expressed support for the
proposed deletion of some data elements related to the NOX
SIP Call. The data elements for Federal ID Codes (Plant, Point,
Process, and Stack Number) were assigned to sources subject to the
NOX SIP Call and perform similar ID functions to the data
elements in the proposed rule for Facility ID code, Unit ID code,
Process ID code, and Stack ID code. The NOX SIP Call ID
codes are redundant with other ID codes in the proposed rule and will
be deleted.
    The source of fuel heat content data, source of activity/throughput
data, source of emission factor and source of emissions data are not
used by EPA and no commenters addressed the need for these data
elements specifically. Therefore, EPA will delete these data reporting
requirements as proposed. The EPA notes that a code for ``emission
calculation method code'' is planned for the EIS, which is similar in
application to the ``source of emission factor'' data element. The
``emission calculation method code'' will allow users to indicate
calculation methods used for developing emission estimates, including
emission factors, for all inventory sectors.
    Many commenters indicated that the following data elements proposed
for deletion were used for a variety of applications and should be
retained: 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). One commenter supported deleting only the data
element for ash content (fuel), while several commenters thought that
the data element for start time should be deleted. Only one commenter
thought that all the data elements that had been carried forward from
earlier systems should be deleted.
    The EPA agrees with the majority of commenters that data elements
for 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 should be
retained since these elements are used for a variety of applications.
Start time in the day (hour) was identified by three commenters as not
being useful, and EPA agrees that this data element should be deleted.
    Several commenters indicated that any one of the data elements for
point source stacks could be deleted while others specifically asked
for deletion of the exit gas velocity data element. One commenter
indicated their state collected stack diameter and exit gas velocity
data and thought that both should be retained.
    Many other commenters requested that all three data elements be
retained for a variety of reasons including providing a means to make
sure that data were in agreement and to check data entry errors. One
commenter indicated that his state would continue to meet the needs of
their end users who are accustomed to having all three data elements
reported and requested that EPA handle any data reporting changes as
software modifications until states could extract only the data that
EPA requests.
    One commenter thought that allowing states the option of selecting
which two stack parameters to report among flow rate, velocity and
diameter would require having all three available for use and suggested
that no changes be made to the existing reporting format.
    Although the stack diameter can be calculated by dividing the gas
flow rate by the gas velocity, no commenters suggested deleting the
stack diameter from the list of data elements. The EPA believes it is
appropriate to report stack diameter data since it can be readily
determined and has the least amount of uncertainty of the stack-related
data elements. One commenter who indicated that all existing stack-
related data elements would need to be reported if states had the
flexibility of selecting two out of the three for reporting appeared to
interpret EPA's proposal in the broadest sense. It was EPA's intent to
select stack-related data elements based upon state preferences and
apply those requirements universally to all point sources.
    The EPA believes that given the variety of practices among state
agencies evidenced in the comments, flexibility in reporting should be
included in this rule for stack-related data elements. Therefore, this
rule will offer states three reporting options: (1) Report all three
data elements, (2) report only stack diameter and exit gas flow rate,
or (3) report only stack diameter and exit gas velocity.
    Section 51.35 of the CERR allows states the option of obtaining
estimates from point sources and/or preparing one-third of their
nonpoint or mobile source emissions estimates each year on a rolling
basis and submitting data annually as they are completed. The EPA
proposed to allow states to continue the option of obtaining estimates
from point sources and/or prepare one-third of their nonpoint or mobile
source emissions estimates each year on a rolling basis, but would have
limited data submissions to a single package on the required third year
submission date.
    One commenter expressed support for the proposed requirement that
states submit their data as a single package for triennial inventories
since his state followed this practice. Another commenter said his
state agency had always developed a single year's inventory and
submitted it as a single package. This commenter preferred to continue
this practice. One commenter thought that allowing states to develop
triennial inventories over 3 years was

not practical due to staff turnover and EPA's changing requirements.
The commenter went on to suggest that a 5-year rolling basis be used to
be consistent with the cycle his state uses for smaller sources.
    Aside from the comment noted above, this proposal did not generate
much interest. The few comments received suggest that the existing
provision under Section 51.35 of the CERR, which allows triennial
emission inventory development over a three-year period, is impractical
and is not utilized by the states. However, all commenters were
supportive of the change to require one submission for triennial
inventories. The EPA agrees with the commenters that the change to
require one submission under section 51.35 is appropriate and is
modifying this provision as proposed. The EPA notes that states may use
the provisions of 40 CFR 51.35 to equalize workloads but are not
required to do so.
    The CERR included a data element for reporting of SIC/NAICS codes
for point sources but did not specify whether the codes should also be
reported at the emission unit level, in addition to the facility level.
Table 2A to subpart A of part 51 in the AERR proposal clarified this
requirement by including data element 41 for reporting of
``SIC/NAICS at the facility and unit levels.''
    One commenter thought that reporting these codes at the unit level
is not necessary for emission inventory purposes. Guidance from the
Census Bureau, which develops the SIC/NAICS codes, indicates that they
are designed to reflect the primary economic activity of a source,
which also brings into question the reporting of these codes at the
unit level. Based upon this information, EPA has reconsidered the need
for reporting these codes at the unit level and revised data element
41 to require the reporting of ``SIC/NAICS at the facility
level.'' One additional revision concerns the reporting of SIC codes as
an alternative to NAICS codes. Since the January 3, 2006, proposal,
users of SIC codes have transitioned to the new NAICS codes, and EPA
finds that retaining the reference to ``SIC'' as a reporting
alternative is no longer necessary. Therefore, data element 41
has been revised to require the reporting of ``NAICS at the facility
level'' and the definition for ``SIC/NAICS'' has been revised to
address only NAICS codes.

IV. This Action

    Today's action further consolidates the detailed requirements for
emissions reporting by states entirely into 40 CFR part 51 subpart A.
This final rule also harmonizes the reporting requirements from several
CAA rules and reduces and simplifies them in several ways. The major
changes included in this final rule are described below.

A. Consolidation of Reporting Requirements

    The EPA hereby amends subpart A, which contains 40 CFR 51.1 through
51.45, with conforming amendments to 40 CFR 51.122. These amendments
also add 40 CFR 51.50 and new tables to subpart A of part 51.
    In 40 CFR 51.122, we are abolishing some requirements entirely and
replacing other requirements with a cross reference to subpart A, thus
allowing detailed lists of required data elements to appear only in
subpart A. As amended, 40 CFR 51.122 will continue to specify what
pollutants, sources, and time periods the states subject to the
NOX SIP Call must report and when, but will no longer list
the detailed data elements required for those reports. The amended
subpart A will list the detailed data elements as well as provide
information on submittal procedures, definitions, and other generally
applicable provisions.

B. Point Source Reporting

    In all states, we are expanding the definition of what sources must
be reported in point source format, so that fewer sources will be
included in nonpoint source emissions. We are basing 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, SO2,
PM2.5, PM10, lead and NH3 but without
regard to emissions of HAPs. Currently, the requirement for point
source reporting is based on thresholds of actual emissions during the
inventory year. While it has always been an option for states to
include all such sources, and we know that some states already do,
expanding the point source definition may require more sources to be
reported as point sources every third year. In addition, some sources
now reported as ``Type B'' point sources every third year may be
reported as ``Type A'' point sources each year. Affected states will
continue to report their actual emissions, but the new approach will
make it possible to better track changes in source emissions,
shutdowns, and start-ups over time. Because states have an existing
list of sources based on 40 CFR part 70 requirements, this approach
will result in a more stable universe of reporting point sources, which
in turn will facilitate elimination of overlaps and gaps in estimating
point source emissions, as compared to nonpoint source emissions. Under
this requirement, states will know well in advance of the start of the
inventory year which sources will need to be reported. These new
requirements will be in effect for all reports for emissions starting
with the 2009 inventory year.

C. Report Due Dates

    New due dates under the AERR will begin with the 2009 inventory
year. For the 2008 inventory year, data submittals under the CERR will
continue to be due within 17 months of the end of the inventory year
(May 31, 2010). The NOX SIP Call data submittal for the 2008
inventory year will be due within 12 months of the end of the inventory
year (December 31, 2009).
    The EPA is harmonizing reporting dates for the NOX SIP
Call and the AERR beginning with the 2009 inventory year. The data
submittals for both will be due by December 31, 2010. All subsequent
data submittals under the AERR and NOX SIP Call will be due
within 12 months of the end of the inventory year.

D. Reporting Biogenic Emissions

    The requirement for reporting annual and typical ozone season day
biogenic emissions has been removed.

E. Reporting Emission Model Inputs

    States will have the option of providing emissions model inputs to
EPA in lieu of emissions estimates developed from those inputs. This
option is available only for source categories where EPA develops or
adopts suitable emission inventory estimation models and through
guidance, defines their necessary inputs prior to the reporting due
date. It is further restricted to emission models capable of estimating
emissions from source types on a national scale. Under this option, EPA
will run the emissions model(s) to calculate emissions and will enter
the emissions data into the appropriate database. The EPA is making
this option available for the 2007 inventory year (due date May 31,
2009).

F. Reporting Summer Day Emissions

    States will report summer day emissions of VOC and NOX
from point, nonpoint and nonroad mobile, and onroad mobile sources at
3-year intervals for ozone nonattainment areas and for sources in
attainment counties that are covered by the nonattainment area modeling
domain used to demonstrate RFP. States covered by the NOX
SIP Call will report on an annual basis summer day emissions of
NOX

from any point source for which the state specified control measures in
its SIP, and on a triennial basis summer day emissions for all point,
nonpoint and nonroad mobile and onroad mobile sources.

G. Reporting Winter Work Weekday Emissions

    The requirement for states to report winter work weekday emissions
of CO is limited to areas with CO maintenance plans and CO
nonattainment areas.

H. New Data Elements

    New data elements for contact name, contact phone number, emission
type, emission release point type, and MAD codes are now required for
reporting point source emissions. New data elements for contact name
and contact phone number are now required for reporting nonpoint,
nonroad mobile and onroad mobile source emissions.

I. Identification of New Emissions Related Data Requirements

    There are no new emissions related data requirements other than
those discussed in Section IV.H. above that will be required for
reporting point, nonpoint, or nonroad and onroad mobile sources.

J. Revisions to Specific Data Elements

    States will no longer be required to report the following data
elements listed under the NOX SIP Call (40 CFR 51.122): 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
emissions factor and Source of emissions data. States will report their
ID codes for facility, unit, process and stack. The EPA will assign EIS
Identifier codes to state data once the data are added to the NEI.
    For point source emissions, states will no longer be required to
report start time in the day and will have the option of reporting one
of the following combinations: (1) Stack height, exit gas velocity and
exit gas flow rate; (2) Stack height and exit gas velocity; or (3)
Stack height and exit gas flow rate.

K. EPA Initiated Changes

1. Implementation of Data Reporting Under the AERR
    In the preamble to the proposed rule we said ``The EPA intends to
issue final amendments during 2006.'' We intended to have the final
rule in place with sufficient lead time for state agencies to modify
their data collection rules and data systems as necessary to meet the
new reporting requirements. Promulgation of this action is expected to
occur during 2008 which was the initial year of data reporting proposed
under the AERR. The EPA recognizes that the reduced lead time may
present difficulties for some states to fully comply with the
requirements of this rule and is delaying full implementation of the
AERR until the 2009 inventory year. A provision to allow states to
submit emission model inputs in lieu of emission estimates will be
effective starting with the 2007 inventory year because it provides
additional flexibility to the states. EPA notes that the 17-month
timeline for submittal of data under the CERR is unchanged in this rule
for the 2008 inventory year, which should aid in transitioning to the
new reporting requirements.
2. Early Data Submittal Program
    The EPA proposed a 12-month timeline for reporting 2008 point
source emission inventory data and 17 months for nonpoint and mobile
source emission inventory data. The EPA further proposed that this
schedule would be shortened to 6 months for point sources and 12 months
for nonpoint and mobile source sectors starting with the 2011 inventory
year. Commenters believed these proposed timelines were too ambitious,
and this action delays implementation of the new reporting timeline
until the 2009 inventory year. The existing 17-month timeline from the
CERR for reporting of all emission inventory sectors will be in effect
through the 2008 inventory year. The reporting timeline for the 2009
inventory year and subsequent inventory years will be shortened to 12
months for all emission inventory sectors.
    The EPA believes it may be possible for some states to achieve data
submittal timelines that are shorter than 17 months for the 2008
inventory year and is interested in providing a mechanism for early
data submittal from such states. The EPA is considering development of
a voluntary program that will provide several alternatives for states.
The details of this program will be communicated by EPA to states
through discussions with the National Association of Clean Air Agencies
(NACAA), messages to the CHIEF and NEI listservs, and postings on the
CHIEF Web site.
3. Data Element for Inventory Type
    The data element for Inventory Type describes the type of data
submitted and its application. The EPA believes this data element is
not necessary and has deleted it from Tables 2A, 2B and 2C for
reporting emissions from point sources; nonpoint sources and nonroad
mobile sources; and onroad mobile sources. The EPA is taking this
action for the following reasons: (1) Several of the emission inventory
applications described by the codes are not expected to be submitted to
EPA under this rule, (2) data submittals described by this data element
such as ``HAP inventory'' are no longer appropriate given the
integrated nature of emission inventory development, and (3) data
submitters can better describe data being submitted using a comment
field which is provided in the Transmittal Record under the NIF and XML
schemas for data formatting.
4. Data Element for ``SCC or PCC''
    The EPA is modifying data element 14 in Table 2A to
subpart A of part 51 by eliminating the reference to PCC. The PCC
(Process Classification Code) reference was included in the proposed
rule to provide data reporting flexibility in the event that PCCs were
developed as replacement codes for SCCs. The reference has been removed
from this final rule because EPA has no plans for further development
of PCCs at this time.
5. Source Reporting Formats
    Section 51.20 (What are the emission thresholds that separate point
and nonpoint sources?) requires that state inventories include all
anthropogenic stationary sources as either point or nonpoint
sources.\7\ As proposed, this section would have specifically required
states under Sec.  51.20(d) to submit emission data on wildfires and
prescribed fires using the nonpoint source format. Section 51.20(d)
also required all sources not subject to the point source reporting
thresholds be submitted using the nonpoint source reporting format.
However, in consideration of the time and effort already expended to
develop mechanisms for reporting such emissions as point sources, we
have revised the language under Sec.  51.20(d) to remove the
requirement for reporting of wildfires and prescribed fires using the
nonpoint reporting format and further revised the language to allow
states the flexibility of reporting such emissions as either point or
nonpoint sources, by providing a mechanism for states to use the point
source reporting format for

sources that are below the point source reporting thresholds referenced
in Sections 51.20(c) and (d).\8\
---------------------------------------------------------------------------

    \7\ Examples of anthropogenic sources include, but are not
limited to, (1) agricultural fires such as burning of orchard and
field crops and (2) some emissions from livestock operations and
fertilizer application.
    \8\ EPA is developing a Fire Policy with the Department of
Agriculture that will clarify terminology used in this notice
regarding wildland and agricultural fires. Once that policy is
finalized, EPA intends to update reporting codes to facilitate State
reporting of emissions in accordance with the final policy.
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action'' because it raises
novel legal or policy issues. Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under EO 12866 and
any changes made in response to OMB recommendations have been
documented in the docket for this action.
    In addition, EPA prepared an analysis of the potential costs and
benefits associated with this action. This analysis is contained in
``Supporting Statement, Air Emissions Reporting Requirements (AERR),
EPA ICR 2170.02.'' A copy of the analysis is available in the
docket for this action and the analysis is briefly summarized here.
    This final rule will add new reporting requirements and will
combine these new requirements with existing requirements from the
CERR, NOX SIP Call, and the Acid Rain Program. Each of these
three existing rules has an approved ICR. The current ICRs are: ICR No.
0916.10 for the CERR; ICR No. 1857 for the NOX SIP Call; and
ICR No. 1633.13 for the Acid Rain Program.
    The EPA estimates that this final rule will reduce the information
collection burden for each of the 104 respondents (state and local
agencies) 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.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
information collection requirements are not enforceable until OMB
approves them.
    The information collection requirements in this rule 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 this final rule are
mandatory for all states and territories (excluding Tribal governments
without TAS status to implement and enforce the AERR rule). 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.
    This final rule will add new reporting requirements and will
combine these new requirements with existing requirements from the
CERR, NOX SIP Call, and the Acid Rain Program. Each of these
three existing rules has an approved ICR. The current ICRs are approved
under OMB Control Numbers 2060-0088 (CERR), 2060-0445 (NOX
SIP Call), and 2060-0258 (Acid Rain Program).
    The EPA estimates that this final rule will 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 this final rule are labor hours associated with
collection, management, and reporting of data. The EPA does not
consider the data submitted under this rule to be confidential, but
some states limit release of this type of data. Any data submitted
under this rule will be considered in the public domain and cannot be
treated as confidential. Burden is defined at 5 CFR 1320.3(b).
    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. When this
ICR is approved by OMB, the Agency will publish a technical amendment
to 40 CFR part 9 in the Federal Register to display the OMB control
number for the approved information collection requirements contained
in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) 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 organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration regulations at 13 CFR 121.201; (2)
a small 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 that is independently owned and operated and that is not
dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities. This action
primarily impacts state and local agencies, and will provide these
agencies with additional flexibility in how they collect and report
emissions data.

D. Unfunded Mandates Reform Act

    This rule does 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 one year. EPA has
determined that this rule does 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 one
year. No significant costs are attributable to this final rule; in
fact, this rule is estimated to decrease costs associated with
emissions inventory reporting. Thus, this rule is not subject to the
requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The rule does not
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments or impose obligations
upon them.

E. Executive Order 13132: Federalism

    Executive Order 13132 entitled ``Federalism'' (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.''
    This final rule does not have federalism implications. It will 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. This rule will provide states
with additional flexibility in how they collect and report emissions
data. Thus, Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will 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, unless they have attained TAS status
under the Tribal Authority Rule and, on that basis, are authorized to
implement and enforce this rule. Thus, Executive Order 13175 does not
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (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.
    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. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. This rule will consolidate, reduce, and
simplify existing emissions data reporting requirements; add limited
new requirements; provide additional flexibility to States in the ways
they collect and report emissions data; and accelerate the reporting of
emissions data to EPA. Data reporting will be conducted electronically
and is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
rule is not likely to have any adverse energy impacts.

I. National Technology Transfer Advancement Act

    As noted in the proposed rule, Section 12(d) of the National
Technology Transfer Advancement Act of 1995 (``NTTAA'') (Public Law No.
104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards in its regulatory 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 voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (E.O.) 12898 (59 FR 7629 (Feb. 16, 1994))
establishes federal executive policy on environmental justice. Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule establishes information reporting procedures for
emissions of criteria air pollutants from stationary and mobile source
but does not affect the quantities of the pollutants emitted.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the

Congress and to the Comptroller General of the United States. The EPA
will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective December 17, 2008.

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 4, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 51 of
the Code of Federal Regulations is amended as follows:

PART 51--[AMENDED]

0
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]

0
2. Subpart A is revised to read as follows:

Subpart A--Air Emissions Reporting Requirements

Sec.

General Information For Inventory Preparers

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?

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 emission 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?

Appendix A to Subpart A of Part 51--Tables

Appendix B to Subpart A of Part 51--[Reserved]

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 nontribal lands
and report this information to EPA.

Sec.  51.5  What tools are available to help prepare and report
emissions data?

    (a) We urge your state to use estimation procedures described in
documents from the Emission Inventory Improvement Program (EIIP),
available at the following Internet address: http://www.epa.gov/ttn/
chief/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.
    (b) Where current EIIP guidance materials have been supplanted by
state-of-the-art emission estimation approaches or are not applicable
to sources or source categories, states are urged to use applicable,
state-of-the-art techniques for estimating emissions.

Sec.  51.10  How does my state report emissions that are required by
the NOX SIP Call?

    The District of Columbia and states that are subject to the
NOX SIP Call Sec.  51.121) are subject to the emissions
reporting provisions of Sec.  51.122. This subpart A incorporates the
pollutants, source, time periods, and required data elements for 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 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 . As applicable, also report
filterable and condensable components.
    (vii) Primary PM10 . As applicable, also report
filterable and condensable components.
    (viii) Ammonia (NH3 ).
    (2) Required pollutants for all reports of ozone season (5 months)
emissions: NOX.
    (3) Required pollutants for triennial reports of summer day
emissions:
    (i) NOX.
    (ii) VOC.
    (4) Required pollutants for every-year reports of summer day
emissions: NOX.
    (5) A state may, at its option, include estimates of emissions for
additional pollutants (such as other pollutants listed in paragraph
(a)(1) of this section or hazardous air pollutants) in its emission
inventory reports.
    (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 in Appendix A of this subpart. 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 in Appendix A of this subpart 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 inventory 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 that meet the definition of point source in this
subpart must be reported as point sources. All pollutants specified in
Sec.  51.15(a) must be reported

for point sources, not just the pollutant(s) that qualify the source as
a point source. The reporting of wildland and agricultural fires is
encouraged but not required.
    (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 reported as point sources
must be reported as nonpoint sources. 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. In addition, if not reported as point sources,
wildland and agricultural fires must be reported as nonpoint sources.
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 of Appendix A of
this subpart 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 of Appendix A of
this subpart. The first every-year cycle inventory will be for the 2009
inventory year and must be submitted to EPA within 12 months, i.e., by
December 31, 2010.
    (2) States subject to the emission reporting requirements of Sec.
51.122 (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). This requirement begins with the
inventory year prior to the year in which compliance with the
NOX SIP Call requirements is first required.
    (3) In inventory years that fall under the 3-year cycle
requirements, the reporting required by the 3-year cycle satisfies the
every-year reporting requirements of paragraph (a).
    (b) Three-year cycle. See Tables 2a, 2b and 2c to Appendix A of
subpart A for the specific data elements that must be reported
triennially.
    (1) All states are required to report for every third inventory
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 2011 inventory and must be submitted to us within 12
months, i.e., by December 31, 2012. Subsequent 3-year cycle (2011,
2014, etc.) inventories will be due 12 months after the end of the
inventory year, i.e., by December 31 of the following year.
    (2) States subject to Sec.  51.122 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 2008
inventory year 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) 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. Summer day emissions of
NOX and VOC for sources in attainment counties that are
covered by the nonattainment area modeling domain used to demonstrate
reasonable further progress (RFP) must be included. The first 3-year
cycle inventory will be for the 2011 inventory year and must be
submitted to EPA within 12 months, i.e., by December 31, 2012.
Subsequent three-year cycle inventories will be due as specified under
paragraph (b)(1) of this section.
    (4) States with CO nonattainment areas and states with CO
attainment areas subject to maintenance plans must report winter work
weekday emissions of CO with their 3-year cycle inventories.

Sec.  51.35  How can my state equalize the emission 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 sources that are
not Type A point sources. Collect data for a different third of these
sources each year so that data has been collected for all of the
sources that are not Type A point sources by the end of each 3-year
cycle. You must save 3 years of data and then report all emissions from
the sources that are not Type 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 for
each such source 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 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 sources that are not Type A point sources and 3-year cycle
nonpoint, nonroad mobile, and onroad mobile sources each year, your
state must compile each year of the 3-year period identically. For
example, if a process has not 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 has
not changed, you must 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 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?

    (a) You must report your emission inventory data to us in
electronic form.
    (b) 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 in Appendix A of
this subpart; allowed code values for categorical data fields;
transmittal information; and data table relational structure. Because
electronic reporting technology changes continually, contact the EPA
Emission Inventory and Analysis Group (EIAG) 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<PHONE_NUMBER> or send
e-mail to<EMAIL_ADDRESS>

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<PHONE_NUMBER> or
e-mail to<EMAIL_ADDRESS>

Sec.  51.50  What definitions apply to this subpart?

    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 throughput 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 that are measured or calculated to represent a calendar year.
    Ash content means inert residual portion of a fuel.
    Contact name means the complete name of the lead contact person for
the organization transmitting the data set, including first name,
middle name or initial, and surname.
    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).
    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 the flow rate of a
stack gas.
    Exit gas temperature means the numeric value of the temperature of
an exit gas stream.
    Exit gas velocity means the numeric value of the velocity of an
exit gas stream.
    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 inventory year may
require several facility ID codes to ensure proper matching between
databases, 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 the part of the throughput or
activity attributable to 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 is a
percentage of the annual activity (e.g., out of 600 units produced each
year, 150 units are produced in the fall which is 25 percent of the
annual activity).
    FIPS Code. Federal Information Placement System (FIPS) means 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 year means the year for which emissions estimates are
calculated.
    Lead (Pb) means lead as defined in 40 CFR 50.12. Lead should be
reported as elemental lead and its compounds.
    NAICS means 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 Standard Industrial
Classification codes.
    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, where:
    (1) A motor vehicle is any self-propelled vehicle used to carry
people or property on a street or highway;
    (2) A nonroad engine is an internal combustion engine (including
fuel system) that is not used in a motor vehicle or a vehicle used
solely for competition, or that is not affected by sections 111 or 202
of the CAA; and
    (3) A nonroad vehicle is a vehicle that is run by a nonroad engine
and that is not a motor vehicle or a vehicle used solely 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 from 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) Condensable 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 condensable 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
condensable PM.
    (4) Primary PM10: The sum of filterable PM10 and
condensable 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.
    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 means large, stationary (nonmobile), identifiable
sources of emissions that release pollutants into the atmosphere. A
point source is a facility that is a major source under 40 CFR part 70
for the pollutants for which reporting is required, except for the
emissions of hazardous air pollutants, which are not considered in
determining whether a source is a point source under this subpart. The
minimum point source reporting thresholds in tons per year of pollutant
are as follows, as measured in potential to emit:

----------------------------------------------------------------------------------------------------------------
                                                                          Three-year cycle
          Pollutant            Annual cycle (Type --------------------------------------------------------------
                                   A sources)      Type B sources \1\               NAA sources \2\
----------------------------------------------------------------------------------------------------------------
(1) SOX......................         [gteqt]2500          [gteqt]100  [gteqt]100.
(2) VOC......................          [gteqt]250          [gteqt]100  O3 (moderate) [gteqt] 100.
(3) VOC......................  ..................  ..................  O3 (serious) [gteqt] 50.
(4) VOC......................  ..................  ..................  O3 (severe) [gteqt] 25.
(5) VOC......................  ..................  ..................  O3 (extreme) [gteqt] 10.
(6) NOX......................        [gteqt] 2500         [gteqt] 100  [gteqt] 100.
(7) CO.......................        [gteqt] 2500         [gteqt]1000  O3 (all areas) [gteqt] 100.
(8) CO.......................  ..................  ..................  CO (all areas) [gteqt] 100.
(9) Pb.......................  ..................           [gteqt] 5  [gteqt] 5.
(10) PM10....................         [gteqt] 250         [gteqt] 100  PM10 (moderate) [gteqt] 100.
(11) PM10....................  ..................  ..................  PM10 (serious) [gteqt] 70.
(12) PM2.5...................         [gteqt] 250         [gteqt] 100  [gteqt] 100.
(13) NH3.....................         [gteqt] 250         [gteqt] 100  [gteqt] 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 inventory
year.
    Primary capture and control efficiencies 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.
    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 a rating of 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 from what could be
realized under ideal conditions to what is actually emitted in practice
due to less than ideal conditions.
    Rule penetration means the percentage of a nonpoint source category
covered by an applicable regulation.
    SCC means source classification code, a process-level code that
describes the equipment and/or operation which is emitting pollutants.
    Site name means the name of the facility.
    Spring throughput (percent) means part of the throughput or
activity attributable to the three Spring months (March, April, May).
See also the definition of Fall throughput.
    Stack diameter means the inner physical diameter of a stack.
    Stack height means physical height of a stack 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.
    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 work weekday. The state will select the particular month(s) in
summer and the day(s) in the work week to be represented. The selection
of conditions should be coordinated with the conditions assumed in the
development of reasonable further

progress (RFP) 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 the part of throughput or
activity attributable to the three Summer months (June, July, August).
See also 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 of Appendix A of this subpart 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 of or a closely related set of
equipment. The EPA's reporting format for a given inventory year may
require multiple unit ID codes to ensure proper matching between
databases, 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 is not moving, 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 the part of throughput or
activity attributable to the three winter months (January, February,
December of the same year, e.g., winter 2005 is composed of January
2005, February 2005, and December 2005). See also the definition of
Fall throughput.