[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Notices]
[Page 48740-48741]
[DOCID:fr11au10-107]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0095; Notice 1]

Volkswagen Group of America, Inc., Receipt of Petition for
Decision of Inconsequential Noncompliance

    Volkswagen Group of America, Inc., (Volkswagen),\1\ has determined
that certain 2009 Model Year (MY) Audi A6 and S6 model passenger cars,
2010 MY Audi A6, S6, A5, A5 Cabrio, S5, S5 Cabrio, A4 and S4 passenger
cars, and 2010 MY Audi Q5 multipurpose passenger vehicles (MPV)
equipped with indirect Tire Pressure Monitoring Systems (TPMS), do not
fully comply with paragraph S4.4 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. Volkswagen
has filed an appropriate report pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports.
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    \1\ Volkswagen Group of America, Inc. (Volkswagen) is a vehicle
manufacturer incorporated under the laws of the State of New Jersey.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Volkswagen has petitioned for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of Volkswagen's petition is published under
49 U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 58,292 2009 MY Audi A6 and S6 model
passenger cars, 2010 MY Audi A6, S6, A5, A5 Cabrio, S5, S5 Cabrio, A4
and S4 passenger cars, and 2010 MY Audi Q5 MPV with indirect TPMS
manufactured between October 17, 2008 and April 27, 2010.
    The National Highway Traffic Safety Administration (NHTSA) notes
that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that
permit manufacturers to file petitions for a determination of
inconsequentiality allow NHTSA to exempt manufacturers only from the
duties found in sections 30118 and 30120, respectively, to notify
owners, purchasers, and dealers of a defect or noncompliance and to
remedy the defect or noncompliance. Therefore, these provisions only
apply to the 58,292 \2\ vehicles that have already passed from the
manufacturer to an owner, purchaser, or dealer.
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    \2\ Volkswagen's petition, which was filed under 49 CFR Part
556, requests an agency decision to exempt Volkswagen as a
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for 58,292 of the affected vehicles. However, the
agency cannot relieve Volkswagen distributors of the prohibitions on
the sale, offer for sale, or introduction or delivery for
introduction into interstate commerce of the noncompliant vehicles
under their control after Volkswagen recognized that the subject
noncompliance existed.
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    Paragraph S4.4 of FMVSS No. 138 require in pertinent part:

S4.4 TPMS Malfunction

    (a) The vehicle shall be equipped with a tire pressure
monitoring system that includes a telltale that provides a warning
to the driver not more than 20 minutes after the occurrence of a
malfunction that affects the generation or transmission of control
or response signals in the vehicle's tire pressure monitoring
system. The vehicle's TPMS malfunction indicator shall meet the
requirements of either S4.4(b) or S4.4(c)
    (b) Dedicated TPMS malfunction telltale. The vehicle meets the
requirements of S4.4(a) when equipped with a dedicated TPMS
malfunction telltale that:
    (1) Is mounted inside the occupant compartment in front of and
in clear view of the driver;
    (2) Is identified by the word ``TPMS'' as described under the
``Tire Pressure Monitoring System Malfunction'' Telltale in table 1
of standard No. 101 (49 CFR 571.101);
    (3) Continues to illuminate the TPMS malfunction telltale under
the conditions specified in S4.4(a) for as long as the malfunction
exists, whenever the ignition locking system is in the ``On''
(``Run'') position; and
    (4) (i) Except as provided in paragraph (ii) each dedicated TPMS
malfunction telltale must be activated as a check of lamp function
either when the ignition locking system is activated to the ``On''
(``Run'') position when the engine is not running, or when the
ignition locking system is in a position between ``On'' (``Run'')
and ``Start'' that is designated by the manufacturer as a check
position.
    ii. The dedicated TPMS malfunction telltale need not be
activated when a starter interlock is in operation.
    (c) Combination low tire pressure/TPMS malfunction telltale. The
vehicle meets the requirements of S4.4(a) when equipped with a
combined Low Tire Pressure/TPMS malfunction telltale that:
    (1) Meets the requirements of S4.2 and S4.3; and
    (2) Flashes for a period of at least 60 seconds but no longer
than 90 seconds upon detection of any condition specified in S4.4(a)
after the ignition locking system is activated to the ``On''
(``Run'') position. After each period of prescribed flashing, the
telltale must remain continuously illuminated as long as a
malfunction exists and the ignition locking system is in the ``On''
(``Run'') position. This flashing and illumination sequence must be
repeated each time the ignition locking system is placed in the
``On'' (``Run'') position until the situation causing the
malfunction has been corrected. Multiple malfunctions occurring
during any ignition cycle may, but are not required to, reinitiate
the prescribed flashing sequence.

    Volkswagen reported that the noncompliance was brought to their
attention on October 15, 2009 and June 8, 2010, by the National Highway
Traffic Safety Administration's (NHTSA) Office of Vehicle Safety
Compliance (OVSC) regarding the results of OVSC's compliance test on a
2009 MY Audi A6 model passenger car to FMVSS No. 138.
    After reviewing OVSC's test results Volkswagen determined that a
noncompliance with FMVSS No. 138 existed in the OVSC tested vehicle as
well as the other subject 2009 and 2010 MY vehicles. Volkswagen
explained that the noncompliance is that the combination low tire
pressure/TPMS malfunction telltale lamp (TPMS telltale lamp) does not
remain illuminated during all scenarios required by paragraph S4.4 of
FMVSS No. 138.
    Volkswagen explained that when NHTSA tested the Audi A6 by driving
it with three of the originally installed 245/40 RI8 tires and one
incompatible 215/35 ZRI8 tire (7% smaller in diameter), the Electronic
Stability System (ESC) will initially detect a malfunction and
illuminate the ESC malfunction indicator telltale lamp (ESC telltale
lamp). That ESC malfunction detection will also cause the TPMS
malfunction telltale lamp to illuminate.

Both telltale lamps will then remain illuminated during the rest of the
ignition cycle independent of vehicle speed. When the ignition is
subsequently cycled, both the ESC and TPMS telltale lamps will re-
illuminate. Depending on the subsequent scenario of the drive cycle,
the two telltale lamps can behave in different ways. The nonconforming
scenario occurs when the vehicle is maintained at a speed range between
6.2-12.5 miles per hour (mph) for a period of time where the ESC
malfunction logic code could be cleared from the control system and
cause the ESC and TPMS telltale lamps to extinguish. If the 6.2-12.5
mph speed range is maintained for a longer period of time after the ESC
and TPMS telltale lamps extinguish (about 5 minutes), the TPMS will
recognize the incompatible tire and set the TPMS malfunction logic code
and re-illuminate the TPMS telltale lamp. The TPMS telltale lamp will
stay illuminated for as long as the incompatible tire is mounted,
independent of any ESC malfunctions.
    Volkswagen argues that this noncompliance is inconsequential to
motor vehicle safety for the following reasons:
    1. The TPMS telltale lamp will immediately re-illuminate if the
vehicle is accelerated above 12.5 mph, and remain on throughout the
ignition cycle regardless of the vehicles speed.
    2. The TPMS telltale lamp would re-illuminate within several
minutes (about 5 minutes) if the speed under 12.5 mph and over 6.2 mph
was maintained.
    3. The function of the TPMS telltale lamp given this condition
would never lead to a ``flicker'' of the light or other such confusing
performance of the signal except as required in FMVSS No. 138 S4.4(c).
    4. Operation of the vehicle with an incompatible tire for a short
distance under 12.5 mph presents no safety risk. Given that the TPMS
telltale lamp would re-illuminate promptly upon the TPMS recognizing
the incompatible tire at a lower speed or upon acceleration, the chance
is insignificant that a driver might be confused by the signal, or even
notice it.
    5. Volkswagen is not aware of any field or customer complaints
regarding this noncompliance.
    Volkswagen also informed NHTSA that it has corrected the problem
that caused this noncompliance so that it will not be repeated in
future production.
    In summation, Volkswagen believes that the described noncompliance
of its vehicles to meet the requirements of FMVSS No. 138 is
inconsequential as it relates to motor vehicle safety, and that its
petition, to exempt from providing recall notification of noncompliance
as required by 49 U.S.C. 30118 and remedying the recall noncompliance
as required by 49 U.S.C. 30120 should be granted.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 am to 5 pm except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment closing date: September 10, 2010.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.

    Issued on: August 2, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-19764 Filed 8-10-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37164-37176]
[FR Doc No: 2013-14628]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2004-0489; FRL-9795-9]
RIN 2060-AR29

Revisions to the Air Emissions Reporting Requirements: Revisions
to Lead (Pb) Reporting Threshold and Clarifications to Technical
Reporting Details

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Today's action proposes changes to the existing EPA emission
inventory reporting requirements on state, local, and tribal agencies
in the current Air Emissions Reporting Requirements rule published on
December 17, 2008. The proposed amendments would lower the current
threshold for reporting Pb sources as point sources; eliminate the
requirement for reporting emissions from wildfires and prescribed
fires; and replace a requirement for reporting mobile source emissions
with a requirement for reporting the input parameters that can

be used to run the EPA models that generate the emissions estimates. In
addition, the proposed amendments would reduce the reporting burden on
state, local, and tribal agencies by removing the requirements to
report daily and seasonal emissions associated with carbon monoxide
(CO), ozone (O3), and particulate matter up to 10
micrometers in size (PM10) nonattainment areas and nitrogen
oxides (NOX) State Implementation Plan (SIP) call areas,
although reporting requirements for those emissions would remain in
other regulations. Lastly, the proposed amendments would clarify,
remove, or simplify some current emissions reporting requirements which
we believe are not necessary or are not clearly aligned with current
inventory terminology and practices.

DATES: Comments must be received on or before August 19, 2013. Under
the Paperwork Reduction Act, comments on the information collection
request must be received by EPA and OMB on or before July 22, 2013.
    The EPA will hold a public hearing on today's proposal only if
requested by July 1, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0489, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air Emissions Reporting Requirements Rule, Docket
No. EPA-HQ-OAR-2004-0489, Environmental Protection Agency, Mailcode:
2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Please include
two copies.
     Hand Delivery: Docket No. EPA-HQ-OAR-2004-0489, EPA Docket
Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC 20460. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0489. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment as well as with any
disk or CD-ROM you submit. If the EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
    Docket: All documents in the docket are listed in 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.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Emissions Reporting
Requirements Rule Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC 20460. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Ryan, Office of Air Quality
Planning and Standards, Air Quality Assessment Division, Emission
Inventory and Analysis Group (C339-02), U.S. Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
4330; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for the EPA?
    C. Where can I get a copy of this document?
    D. Will there be a public hearing?
II. Background and Purpose of This Rulemaking
III. Proposed Revisions to Emissions Reporting Requirements
    A. Lower Point Source Threshold for Lead Emitters
    B. Elimination of Reporting for Wildfires and Prescribed Fires
and Clarification for Reporting Agricultural Fires
    C. Reporting Emission Model Inputs for Onroad and Nonroad
Sources
    D. Removal of Requirements To Report Daily and Seasonal
Emissions
    E. Revisions To Simplify Reporting and Provide Consistency With
EIS
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulations and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by this action
include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category              NAIC code \a\          entities
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
\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 would be regulated by this action, you should examine the
applicability criteria in 40 CFR 51.1. 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,
February 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. What should I consider as I prepare my comments for the EPA?

    1. Expedited Review. To expedite review of your comments by agency
staff, you are encouraged to send a separate copy of your comments, in
addition to the copy you submit to the official docket, to Mr. Ron
Ryan, U.S. EPA, Office of Air Quality Planning and Standards, Air
Quality Assessment Division, Emission Inventory and Analysis Group,
Mail Code C339-02, Research Triangle Park, NC 27711; telephone: (919)
541-4330; email<EMAIL_ADDRESS>    2. Submitting CBI. Do not submit this information to the EPA
through http://www.regulations.gov or email. Clearly mark any of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    3. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

C. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of
this proposed rule will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this proposed rule will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/chief/. The TTN provides information
and technology exchange in various areas of air pollution control. If
more information regarding the TTN is needed, call the TTN HELP line at
(919) 541-4814.

D. Will there be a public hearing?

    The EPA will hold a public hearing on today's proposal only if
requested by July 1, 2013. The request for a public hearing should be
made in writing and addressed to Mr. Ron Ryan, U.S. EPA, Office of Air
Quality Planning and Standards, Air Quality Assessment Division,
Emission Inventory and Analysis Group, Mail Code C339-02, Research
Triangle Park, NC 27711. The hearing, if requested, will be held on a
date and at a place published in a separate Federal Register notice.

II. Background and Purpose of This Rulemaking

    The EPA promulgated the Air Emissions Reporting Requirements (AERR)
in the Federal Register at 73 CFR 76539, on December 17, 2008, in order
to consolidate and harmonize the emissions reporting requirements of
the NOX SIP Call (40 CFR 51.122) and the Consolidated
Emissions Reporting Rule (40 CFR part 51, subpart A) with the needs of
the Clean Air Interstate Rule (CAIR). These amendments are being
proposed to align the AERR with the National Ambient Air Quality
Standard for Lead (73 FR 66964, November 12, 2008) and the associated
Revisions to Lead Ambient Air Monitoring Requirements (75 FR 81126),
and because use of the previous AERR over the past few years has
revealed needed improvements that will both reduce burden on states and
local air agencies as well as make minor technical corrections that
reflect what has been put into practice through existing electronic
reporting implementation.
    The proposed amendments would lower the current threshold for
reporting stationary Pb sources as point sources to align with and
support the requirements of the 2008 revisions to the National Ambient
Air Quality Standard for Lead (73 FR 66964, November 12, 2008) and the
associated Revisions to Lead Ambient Air Monitoring Requirements (75 FR
81126) for source-oriented monitors.
    The proposed amendments would also clarify, remove, or simplify
some emissions reporting requirements in the current AERR which we
believe are not necessary or are not clearly aligned with current
inventory terminology and practices. Most of these clarifications are
revisions to the names of the specific data elements reported to
promote consistency with the element names as implemented in the
electronic reporting schema used by the Emission Inventory System
(EIS).
    As this requirement was unclear in the current AERR, we are
proposing to eliminate the requirement for reporting emissions from
wildfires and prescribed fires, clarifying that they may be optionally
reported using only the final design implemented in EIS for those two
source categories.
    We are also proposing to replace a requirement that state and local
agencies submit mobile source emissions with a new requirement to
report the input parameters that can be used to run the EPA models that
generate the emissions estimates.
    To reduce the reporting burden on state and local agencies, we are
proposing to remove the requirements to submit daily and seasonal
emissions values.
    To promote consistency with terminology used in the EIS and to
remove several items proposed to become optional rather than required,

we are proposing to revise and simplify three tables to subpart A of
part 51.

III. Proposed Revisions to Emissions Reporting Requirements

A. Lower Point Source Threshold for Lead Emitters

    The current AERR threshold for determining if a stationary source
of Pb emissions must be reported as an individual point source rather
than as part of a county-aggregate nonpoint source, is 5 tons per year
(tpy). As with the other required pollutants, that threshold
determination is based on potential to emit, although the emissions
reported are the actual emissions. In 2010, the EPA finalized the
Revisions to Lead Ambient Air Monitoring Requirements rule (75 FR
81126), which required monitoring agencies to install and operate
source-oriented ambient monitors near Pb sources emitting 0.50 tpy or
more by December 27, 2011. The EPA is proposing to lower the AERR
emissions threshold for reporting Pb emitters to match the 0.50 tpy
threshold in the revised ambient air monitoring requirements. This
would allow the EPA to evaluate and provide proper oversight of the
ambient monitoring network design finalized in the revised ambient air
monitoring requirements. The EPA expects that only about 30 additional
facilities nationwide would be required to be reported as point sources
due to this change, since most of the sources emitting Pb greater than
0.5 tpy are already reported as point sources due to their emissions of
other criteria pollutants. The current AERR already requires all
criteria pollutants (including Pb) to be reported for a facility that
emits any one criteria pollutant greater than the relevant threshold.

B. Elimination of Reporting for Wildfires and Prescribed Fires and
Clarification for Reporting Agricultural Fires

    The current AERR requires states to report emissions from wildfires
and agricultural fires as either point or nonpoint sources, with the
point source method being encouraged. The current AERR does not
explicitly mention prescribed fires, but a review of both Federal
Register notices proposing and finalizing the AERR (71 FR 69 and 73 FR
76539, respectively) indicate that the intent was to require wildfires
and prescribed fires to be reported as either point or nonpoint
sources, with no explicit mention of agricultural fires. In addition to
correcting this erroneous switching of agricultural fires for the
intended prescribed fires, the EPA is also proposing to eliminate the
requirement for wildfires and prescribed fires to be reported by
states. The EPA already provides nationwide estimates for wildfires and
prescribed fires using information it has, so requiring states to also
report these data is not necessary. States are encouraged to review and
comment on the EPA's estimates, or to report their own estimates if
they so choose. In addition, we propose to clarify that reporting of
these two fire types can only be made via the Events source type.
Events is a new source reporting format created in the EIS data system
to accommodate the day-specific emission details needed for the NEI to
accurately reflect these large-scale, but short-term, emission events.
We also propose to clarify that agricultural fires continue to be
required to be reported, but as nonpoint sources only. Agricultural
fires cannot be reported as point sources, and we are unaware of any
state that wishes to do so.

C. Reporting Emission Model Inputs for Onroad and Nonroad Sources

    We are proposing to replace the current requirement for states to
report emissions for onroad and nonroad sources with a requirement that
they report the input parameters that can be used in the EPA models to
generate the emissions values. Reporting the emissions values would
become voluntary. California and tribal agencies must continue to
report emissions rather than model inputs because the EPA models are
not applicable to California, and the county-specific inputs required
by EIS for these models are not applicable to tribal areas. We are also
proposing that in lieu of submitting any data, states may accept the
EPA's emission estimates for mobile sources. States are encouraged to
review and comment on the EPA's estimates and inputs.
    As the states are already required to use the EPA models, the
inputs needed to run those models are already available for submission.
We expect that there will be less burden on the states to report the
model inputs rather than the resultant emissions values, as the model
input files are much smaller and more manageable than the output
emission files. The current AERR allows states the option to report the
model inputs in lieu of the emissions values. Nineteen states submitted
some model inputs for the 2008 NEI.
    Requiring states to provide model inputs rather than only the
resultant emissions values will also reduce the costs and improve the
accuracy and timeliness of the EPA's air quality planning efforts.
Having the model inputs allows the EPA to use the latest version of the
applicable models to generate the most accurate emission outputs.
Requiring reporting of the model inputs also allows the EPA to generate
consistent base year and future year emission estimates that are
necessary for performing accurate benefits estimates for proposed
regulations.

D. Removal of Requirements To Report Daily and Seasonal Emissions

    In addition to requiring all states to report annual emissions for
all source types on a triennial cycle, the current AERR also requires
the reporting of daily or seasonal emissions to be reported for a
subset of geographic areas. States subject to the NOX SIP
Call are required by the AERR to report 5-month O3 season
and summer day NOX emissions every year, and summer day
NOX and volatile organic compound (VOC) emissions every
third year. States with an 8-hour O3 nonattainment area are
required by the AERR to report summer day NOX and VOC
emissions for all counties that were covered by the nonattainment area
modeling domain that was used to demonstrate Reasonable Further
Progress (RFP) every third year. States with CO nonattainment areas and
states with CO attainment areas subject to maintenance plans are
required by the AERR to report winter work weekday CO emissions every
third year. The underlying needs for these daily and seasonal emissions
values are derived from requirements in the NOX SIP Call
rule, the O3 NAAQS Implementation rule, and the CO NAAQS
Implementation rule, respectively.
    We are proposing to delete all of the daily and seasonal emissions
reporting requirements from the AERR and to replace those requirements
with statements that the states can choose to meet the underlying
periodic inventory reporting requirements of those three other rules by
reporting via the AERR. The current O3 and CO NAAQS
Implementation rules, and the proposed changes to the NOx SIP Call,
would continue to require states to report the emissions in a format
and on a schedule as required by those rules to ensure compliance with
those rules. Each of the three underlying rules already requires states
to show and track consistency with the emissions projections contained
in approved SIP submissions, and also contains requirements for public
review of SIP revisions. Given these specific requirements in
individual rules, the EPA believes that also requiring submittal of
these daily and seasonal emissions values in a

format and under a schedule prescribed by the existing AERR and the EIS
data system can be unfeasible in practice and is likely to introduce
significant inaccuracies and confusion. In addition, the periodic
emissions data and documentation that states are required to submit to
their EPA Regional Offices under the two existing NAAQS implementation
rules and the proposed changes to the NOx SIP Call are sufficient to
demonstrate compliance with those rules and, thus, make the existing
AERR requirement unnecessary.

E. Revisions To Simplify Reporting and Provide Consistency With EIS

    The AERR was finalized on December 17, 2008, prior to the
finalization of the design details of the EIS data system that is used
to collect and store the required data. As a result, the EPA is
proposing a number of changes to provide consistency between the AERR
reporting mechanism and the EIS data collection system and, thus,
simplify emissions reporting. There were a number of inconsistencies
between the AERR and the EIS data system in the terminology used for
some data elements. Some compound data elements in the AERR were
separated into more discrete and less ambiguous elements in the EIS. In
addition, a few data elements necessary for inclusion in the EIS data
system, in order to fully describe related required data elements, were
not explicitly listed in the AERR, and some AERR data elements that
were listed as required for state reporting have since been determined
to be obtainable by the EPA by other methods. The proposed removal of
requirements to report the O3 and CO typical day SIP
emissions and the NOx SIP Call seasonal emissions, via this AERR
reporting mechanism and the EIS data system as described above, make it
necessary to remove several other data elements from the AERR
requirements, although they are still available in the EIS as optional
data elements.
1. Revised Formats for Appendix A Tables
    The EIS data system was designed such that data elements that had
not changed from one reporting period to the next need not be re-
submitted. Only data elements that have changed need be reported. This
streamlined reporting structure, along with the terminology changes,
requirements deletions, and other consistency revisions described
above, created a need for the EPA to revise Tables 1, 2a, 2b and 2c in
Appendix A of the AERR. Table 1 still defines the emissions thresholds
that determine the Type A point source emissions required to be
reported each year. In addition, it now includes the thresholds used to
determine the Type B sources required to be reported as point sources
every third year. These Type B point source thresholds had previously
been included as part of the definition of the term ``point source.''
In the revised Table 1, we have clarified the name of the two PM
pollutants by including ``primary.'' This is consistent with the
existing list of required pollutants described in Sec.  51.15.
    Table 2a has been revised to include only the point source facility
inventory data elements that are required to be in EIS, without regard
to either the every-year or triennial reporting cycles, since these
elements need only be reported for any new point source or when any
change occurs at an existing point source. The emissions data element
requirements for point sources from Table 2a have been combined with
the emissions requirements for the other three emissions source types
in Table 2b. The need for Table 2c is eliminated by the proposed
revisions to Table 2b. We have also eliminated the separate columns for
``Every-year reporting'' and ``Three-year reporting'' from Tables 2a
and 2b. Those reporting cycle distinctions were only applicable to Type
A point sources, and with the proposed revisions, Table 1 now describes
all of the necessary distinctions.
2. Addition of New Facility Inventory Elements
    For the Facility Inventory data elements listed in Table 2a, which
need to be reported only for new point sources or when a change occurs,
we are proposing to add new operating statuses to the AERR: Facility
Site Status, Release Point Status, and Unit Status, along with the year
in which any of these three items changes from ``Operating'' to some
other status. These operating statuses are used by the states to
indicate whether emissions reports should continue to be expected for a
facility, emissions unit, or release point, or the reason why emissions
will not be reported after the year indicated.
    We are also proposing to add Aircraft Engine Type, Unit Type, and
Release Point Apportionment Percent to the Facility Inventory data
elements listed in Table 2a. Aircraft Engine Type is a code that
provides a further level of detail of the existing required element
Source Classification Code (SCC), which describes the emitting
processes. The Aircraft Engine Type code is one of the inputs to the
emissions estimation model that is used to estimate aircraft emissions
during landing and take-off cycles. The EPA does not require states to
report aircraft engine emissions as point sources, but, instead,
produces its own set of aircraft engine estimates and provides states
the opportunity to comment on those estimates and to submit their own
estimates if they choose. If states choose to submit their own
estimates, they would have to provide the Aircraft Engine Type code
along with the SCC in order to completely specify the emitting process.
    Unit Type is a data element added to the EIS to more easily and
explicitly identify the type of emission unit producing the emissions
than can be inferred from the SCC. The EPA populated the Unit Type
field in the original version of the EIS Facility Inventory using the
SCC code. It is expected that states will know the Unit Type for any
new emission units that they add, but they do have an option to report
an ``unclassified'' type. To reduce burden, we are also proposing to
limit the existing requirement for reporting the Unit Design Capacity
for all units to only reporting capacities for a limited number of key
unit types. The Unit Type element is necessary for the EIS data system
to be able to make the distinction of when unit design capacity would
still be required.
    Release Point Apportionment Percent is a data element added to the
EIS at the request of some state reporters. The previous data system
allowed a given emission process to exhaust to only a single release
point. However, the EIS data system allows states the option to split
the emissions from a single emission process to as many release points
as desired by reporting the percentage going to each release point. The
vast majority of processes exhaust 100 percent to a single release
point. The EPA populated the original version of the EIS Facility
Inventory using this value, which was the only possible interpretation
from the previous data system and reports. Although the current
reporting rule does not explicitly list a data element, it was always
necessary for states to indicate the release point that each process
exhausted through, and the 100 percent was assumed. This new data
element is necessary to support the new option in EIS that allows for
more than one release point to be specified by the state.
3. Addition of New Emissions Elements
    For the Emissions data elements listed in Table 2b, we are
proposing to add five new items, four of which we believe to be minor
extensions or clarifications of existing requirements necessary to
avoid ambiguity in the EIS data system.

The EPA believes that these new items will not add any new information
collection burden. The four items are: Shape Identifiers, Emission
Type, Reporting Period Type, and Emission Operating Type. Shape
Identifiers are a more detailed method of identifying the geographic
area for which emissions are being reported than the entire county for
nonpoint sources. The EPA believes that they are needed for a small
number of nonpoint sources, such as rail lines, ports, and underway
vessels, which occur only in a small and identifiable portion of a full
county. Although states are still required to report emissions for
these sources, we are also proposing to add language to the AERR to
allow states to meet the requirements for reporting some of their
nonpoint sources by accepting the EPA's estimates for the sources for
which the EPA makes calculations. For the nonpoint sources needing the
more geographically-detailed emissions, the EPA has provided tables
describing the geographic entities and their identifiers and has also
estimated emissions for each of the entities. The EPA provides states
the opportunity to comment on the EPA estimates and to submit their own
estimates if they choose. If states choose to submit their own
estimates, they would have to provide the extra geographic detail
described by the Shape Identifiers.
    Emission Type is a code that is a further level of detail of the
existing required element SCC, which identifies the emitting processes.
Note that we are also proposing to revise the definition of this term
in Sec.  51.50, since the existing definition actually describes the
Reporting Period Type and not the Emission Type.
    Reporting Period Type is a code that identifies whether the
emissions being reported are an annual total or one of the seasonal or
daily type emissions that we are proposing to make optional, although
they may still be required as part of the state's own SIP rules. The
current AERR includes reporting of this code for point sources using
the erroneous name Emission Type in Table 2a. Although neither Emission
Type nor Reporting Period Type terms appear in the current Tables 2b or
2c for the nonpoint, nonroad or onroad sources, we believe this
information is inherent in the separate listing of annual, seasonal,
and daily emissions in those tables. While we are proposing to remove
all except the annual emissions from the requirements, it will still be
necessary for data submitters to identify the emissions as annual,
given that the data system will be able to optionally accept the other
reporting types.
    Emission Operating Type is required only for point source
emissions. It is similarly necessary in order for the data system to
distinguish between the minimally required emissions and the other
optional operating types that the data system can also accept.
    The fifth new item proposed to be added to the Table 2b emissions
requirements is the Emissions Calculation Method. We are proposing this
element to be required for point and nonpoint sources. It is a code
which indicates how each emissions value was estimated or determined
(e.g., by continuous emissions monitor or by stack test or by an
average emission factor). The EPA believes this item is needed to
evaluate the adequacy of any emissions value for the stated purposes of
the NEI and to be able to select the most reliable emissions value
where more than one is available to us. State reporters should have
this information available to them in some form and should be able to
add it to their electronic submittals with a minimal amount of added
burden.
4. Clarification of Element Names and Usage for Controls
    We are proposing to revise the data element names and clarify the
usage conventions for four data elements related to emissions control
devices for the point source facility inventory items. AERR Table 2a
currently indicates these four elements as being required in the
triennial reporting cycle: Primary Capture and Control Efficiencies;
Total Capture and Control Efficiency; Control Device Type; and Rule
Effectiveness. However, the EIS data system has separated the single
element of Total Capture and Control efficiency into its two separate
components, which the EIS names Percent Control Approach Capture
Efficiency and Percent Control Measures Reduction Efficiency. The EPA
believes that reporters would have to know or estimate these two items
separately before combining them to report the current Total Capture
and Control Efficiency element. Also, the control efficiency portion of
the current element and, therefore, the combined Total, would be
different for each pollutant controlled. This is indicated in the
current element name Primary Capture and Control Efficiencies, which
refers to only the control achieved by the primary, or first of
potentially several control devices used on an emission process, along
with the hood capture efficiency. The EPA does not believe that state
reporters can reasonably estimate the separate control reduction
efficiencies of each control device where more than one control device
is used. For these reasons, we propose to eliminate the Primary Capture
and Control Efficiencies element, and to split the Total Capture and
Control Efficiency into a single Percent Control Approach Capture
Efficiency along with a Percent Control Measures Reduction Efficiency
for each pollutant controlled. In addition, although the current AERR
does not explicitly require reporting of the pollutants being
controlled, we believe the only reasonable interpretation of the
existing requirement for reporting control efficiencies is for the
pollutants controlled to be indicated with their efficiencies. We are,
therefore, proposing to explicitly list a new data element Control
Pollutant. Related to these emission control elements, we propose to
revise the name of current AERR required elements Control Device Type
and Rule Effectiveness to Control Measure and Percent Control Approach
Effectiveness, respectively.
    We are also proposing similar terminology and usage conventions for
the nonpoint sources emission control data elements. As proposed, the
element Total Capture and Control Efficiency would be renamed to
Percent Control Measures Reduction Efficiency, and Rule Effectiveness
would be renamed Percent Control Approach Effectiveness, consistent
with the point source names. The existing required element for nonpoint
sources named Rule Penetration would be renamed Percent Control
Approach Penetration. We are also proposing to add the elements Control
Measure and Control Pollutant. As with point sources, we believe the
identification of the controlled pollutants is inherent in the
requirement to report control reduction efficiency, which is a
pollutant-specific value. Identification of the control measures for
nonpoint sources is a new requirement that the EPA believes would not
add significant burden, given the existing requirement to report
control reduction efficiencies where they exist.
5. Revisions to Other Facility Inventory Element Names
    We are proposing revisions to some of the terms in point source
facility inventory Table 2a to clarify their meaning and promote
consistency with the EIS data system names. We are proposing to revise
FIPs code to State and County FIPs Code or Tribal Code. For each of the
five existing stack and exit gas data elements, we are proposing to
revise their names to add ``Release Point'' in order to be consistent
with EIS names. We are also proposing to

explicitly add five Unit of Measure data elements, one for each of the
existing numerical stack and exit gas data elements. We believe the
only reasonable interpretation of the existing requirements to report
these five stack parameter numerical values is to also report the units
of measure used for the numerical values. In addition, the use of the
term ``Emission Type'' in existing Table 2a is an error; it was
intended to read ``Emission Operating Type,'' but that element is now
proposed to be moved to Table 2b since it describes the emissions
reported, not the facility.
    We propose to clarify that the existing requirement for Physical
Address is implemented in the EIS data system by the four separate data
elements of Location Address, Locality Name, State Code, and Postal
Code.
6. Revisions To Simplify Reporting and Reduce Burden
    We are proposing revisions to some data elements in the point
source facility inventory Table 2a to simplify reporting and reduce
burden where we believe it does not impact the usefulness of the data.
We are revising the existing requirements for Exit Gas Velocity and
Exit Gas Flow Rate to indicate that one or the other of these two is
required, but not both. Because the release point stack diameter is
also required, it is possible for users to derive the velocity or the
flow rate from the other value, and so it is not necessary for states
to report both, and it was not the EPA's intent to require both. To
reduce burden, we are revising the existing rule terms X Stack
Coordinate (longitude) and Y Stack Coordinate (latitude) by requiring
these location values only at the facility level, rather than the stack
level. It has been EPA's experience that most states do not have
accurate location values for each individual stack within a facility;
instead they report the same locational values for all stacks within a
facility. Furthermore, the vast majority of facilities are
geographically small enough that such a simplification does not reduce
the usefulness of the data. Although we are proposing to relax the
requirement to just facility locational data, the EIS data system does
retain the ability to store individual stack locations separately from
a single facility center location, and we encourage states to
optionally report individual stack locations to add accuracy beyond the
single facility center location. The EPA may also add such individual
stack locations where the agency believes it has accurate data.
    Lastly, to reduce burden, we are proposing to eliminate reporting
of several data elements that appear in existing Tables 2a, 2b and 2c
in various combinations for the four emissions source types. For all
four emission source types, we are proposing to eliminate Inventory
Start Date and End Date; Contact Name and Phone Number; and the four
seasonal throughput percents. In addition, for the point, nonpoint, and
nonroad source types, we are proposing to eliminate the three operating
schedule elements: Hours Per Day, Days Per Week, and Weeks Per Year.
Also for the point source type we are proposing to eliminate the
following elements: Heat Content, Ash Content, Sulfur Content, Method
Accuracy Description Codes, and Maximum Generator Nameplate Capacity.
The EPA believes that the usefulness of the remaining data would not be
significantly impacted by not collecting these data from the states.
    Note that three other data elements are proposed to be removed for
all four emissions source types for the reasons described above in
paragraph D, ``Removal of Requirements to Report Daily and Seasonal
Emissions.'' These elements are: Summer Day Emissions, Ozone Season
Emissions, and Winter Work Weekday emissions of CO. All of the data
elements proposed to be removed from the required reporting lists may
still be voluntarily reported to the EIS data system.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    The information collection requirements in this proposed amendment
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 request (ICR) document prepared by EPA has been
assigned EPA ICR number 2170.05.
    The information collection requirements in the proposed amendments
are mandatory for all states and territories (excluding tribal
governments). These requirements are authorized by CAA section 110(a).
The reported emissions data are used by the EPA to develop and evaluate
states, regional, and national control strategies; to assess and
analyze trends in criteria pollutant emissions; to identify emission
and control technology research priorities; and to assess the impact of
new or modified sources within a geographic area. The emission
inventory data are also used by states to develop, evaluate, and revise
their SIP.
    The proposed amendments would reduce the information collection
burden for each of the 104 respondents by about 91 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 9452 labor hours per year with a decrease in
costs of $718,368. From the perspectives of the sources reporting to
the states, the EPA does not believe that there will be any change in
reporting burden resulting from these amendments because the same
universe of sources will be required to report to the states. No
capital/startup costs or operation and maintenance costs for monitoring
equipment are attributable to the proposed amendments. The only costs
associated with the proposed amendments are labor hours associated with
collection, management, and reporting of the data through existing
systems.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 51 are listed in 40 CFR part 9.
    To comment on the agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, the EPA has established a public docket for the proposed
rule, which includes this

ICR, under Docket ID number OAR-2004-0489. Submit any comments related
to the ICR for these proposed amendments to the EPA and OMB. See the
ADDRESSES section at the beginning of this notice for where to submit
comments to the EPA. Send comments to OMB at the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street, NW., Washington, DC 20503, Attention: Desk Office for EPA.
Since OMB is required to make a decision concerning the ICR between 30
and 60 days after June 20, 2013, a comment to OMB is best assured of
having its full effect if OMB receives it by July 22, 2013. The final
amendments will respond to any OMB or public comments on the
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (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's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed action will not impose any new requirements on small entities.
This action primarily impacts state and local agencies and does not
regulate small entities. The proposed amendments correct and clarify
emissions reporting requirements and provide states with additional
flexibility in how they collect and report their emissions data. We
continue to be interested in the potential impacts of the proposed rule
on small entities and welcome comments on issues related to such
impacts.

D. Unfunded Mandates Reform Act

    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 1 year. No
significant costs are attributable to the proposed amendments; in fact,
the proposed amendments are estimated to decrease costs associated with
emissions inventory reporting. Thus, the proposed amendments are not
subject to the requirements of sections 202 and 205 of the UMRA. In
addition, the proposed amendments do not significantly or uniquely
affect small governments because they contain no requirements that
apply to such governments or impose obligations upon them. Therefore,
the proposed amendments are not subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

    This action 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. The proposed amendments correct and
clarify emissions reporting requirements and provide states with
additional flexibility in how they collect and report their emissions
data. Thus, Executive Order 13132 does not apply to this action. In the
spirit of Executive Order 13132, and consistent with the EPA policy to
promote communications between the EPA and state and local governments,
the EPA specifically solicits comment on this proposed rule from state
and local officials.

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). This proposed
rule imposes no requirements on tribal governments. The proposed
amendments correct and clarify emissions reporting requirements and
provide states with additional flexibility in how they collect and
report their emissions data. Under the Tribal Authority Rule, tribes
are not required to report their emissions to us. Thus, Executive Order
13175 does not apply to this action. In the spirit of Executive Order
13175, the EPA specifically solicits additional comment on this
proposed action from tribal officials.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the EO has the potential to influence the regulation. This action 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. Further, we have concluded that the
proposed amendments are not likely to have any adverse energy effects
since the proposed amendments correct and clarify emissions reporting
requirements and provide states with additional flexibility in how they
collect and report their emissions data.

I. National Technology Transfer and Advancement Act

    Section 112(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104-113; 15 U.S.C. 272 note) directs the
EPA to use voluntary consensus standards in its regulatory activities
and procurement activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by one or more voluntary consensus standards bodies. The NTTAA
requires the EPA to provide Congress, through OMB, explanations when
the agency decides not to use available and applicable voluntary
consensus standards.
    The proposed rulemaking does not involve technical standards.
Therefore, the EPA is not considering 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 (EO) 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.
    The EPA has determined that this proposed 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 action 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.

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 record keeping
requirements, Sulfur dioxide.

    Dated: June 6, 2013.
Bob Perciasepe,
Acting Administrator.

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

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
1. This authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Sec.  51.10  [Removed and reserved]

0
2. Remove and reserve Sec.  51.10.
0
3. Amend Sec.  51.15 by:
0
a. Revising paragraphs (a)(2) and (a)(3);
0
b. Removing paragraphs (a)(4) and (a)(5);
0
c. Revising paragraphs (b)(2), (b)(3), and (b)(4);
0
d. Revising the first sentence in paragraphs (c) and (d); and
0
e. Removing paragraph (e).
    The revisions read as follows:

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

    (a) * * *
    (2) A state may, at its option, choose to report NOX and
VOC summer day emissions as required under the Ozone Implementation
Rule or report CO winter work weekday emissions for CO nonattainment
areas or CO attainment areas with maintenance plans to the Emission
Inventory System (EIS) using the data elements described in this
subpart.
    (3) A state may, at its option, include estimates of emissions for
additional pollutants (such as hazardous air pollutants) in its
emission inventory reports.
    (b) * * *
    (2) Nonpoint. States may choose to meet the requirements for some
of their nonpoint sources by accepting the EPA's estimates for the
sources for which the EPA makes calculations. In such instances, states
are encouraged to review and update the activity values or other
calculational inputs used by the EPA for these sources.
    (3) Onroad and Nonroad mobile. Emissions for onroad and nonroad
mobile sources must be reported as inputs to the latest EPA-required
mobile emissions models, such as the Motor Vehicle Emissions Simulator
(MOVES) for onroad sources or the National Mobile Inventory Model
(NMIM) for nonroad sources. States may report, at their discretion,
emissions computed from these models in addition to the model inputs.
In lieu of submitting model inputs, California must submit resultant
emission values from its EPA-approved models and tribes must submit
resultant emissions values from the latest EPA-required mobile
emissions models. In lieu of submitting any data, states may accept
existing EPA emission estimates.
    (4) Emissions for wild and prescribed fires are not required to be
reported by states. If states wish to optionally report these sources,
they must be reported to the events data category. This data category
is a day-specific accounting of these large-scale but usually short
duration emissions. Submissions must include both daily emissions
estimates as well as daily acres burned values. In lieu of submitting
this information, states may accept the EPA estimates or they may
submit inputs to EPA's estimation approach.
    (c) * * * You must report the data elements in Tables 2a and 2b in
Appendix A of this subpart. * * *
    (d) * * * We do not consider the data in Tables 2a and 2b in
Appendix A of this subpart confidential, but some states limit release
of this type of data. * * *
0
4. Amend Sec.  51.20 by revising paragraphs (b) and (d) to read as
follows:

Sec.  51.20  What are the emission thresholds that separate point and
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.
* * * * *
    (d) All stationary source emissions 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. Emissions of nonpoint sources should be
aggregated to the resolution required by the EIS as described in the
current National Emission Inventory (NEI) inventory year plan posted at
http://www.epa.gov/ttn/chief/eiinformation.html. In most cases, this is
county level and 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.
    (1) The reporting of wild and prescribed fires is encouraged but
not required and should be done via only the ``Events'' data category.
    (2) Agricultural fires (also referred to as crop residue burning)
must be reported to the nonpoint data category.
0
5. Section 51.30 is revised to read as follows:

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 the EPA: an every-year inventory; and a triennial
inventory.
    (a) Every-year inventory. See Tables 2a and 2b 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 of Appendix A of this
subpart. The first every-year cycle inventory will be for the 2009
inventory year and must be submitted to the EPA within 12 months, i.e.,
by December 31, 2010.
    (2) In inventory years that fall under the triennial inventory
requirements,

the reporting required by the triennial inventory satisfies the every-
year reporting requirements of paragraph (a) of this section.
    (b) Triennial inventory. See Tables 2a and 2b to Appendix A of
subpart A for the specific data elements that must be reported for the
triennial inventories.
    (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 and nonpoint sources, as well as
model inputs for onroad mobile sources and nonroad mobile sources. The
first triennial inventory will be for the 2011 inventory and must be
submitted to the EPA within 12 months, i.e., by December 31, 2012.
Subsequent triennial inventories (2011, 2014, etc) will be due 12
months after the end of the inventory year, i.e., by December 31 of the
following year.
    (2) Any state with an area for which the EPA has made an 8-hour
ozone nonattainment designation finding (regardless of whether that
finding has reached its effective date) may choose to report summer day
emissions of VOC and NOX from all point sources, nonpoint
sources, onroad mobile sources, and nonroad mobile sources to the EIS
using the data elements described in this subpart.
    (3) States with CO nonattainment areas and states with CO
attainment areas subject to maintenance plans may choose to report
winter work weekday emissions of CO to the EIS using the data elements
described in this subpart.
0
6. Section 51.35 is revised to read as follows:

Sec.  51.35  How can my state equalize the emission inventory effort
from year to year?

    (a) Compiling a triennial inventory means more effort every three
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 three-year
cycle. You must save three years of data and then report all emissions
from the sources that are not Type A point sources on the triennial
inventory 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 triennial
inventory 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 triennial inventory
nonpoint, nonroad mobile, and onroad mobile sources each year, your
state must compile each year of the three-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 three-year period. If your
state has revised emission factors during the three years for a process
that has not changed, you must compute 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.
0
7. Section 51.40 is revised to read as follows:

Sec.  51.40  In what form and format should my state report the data to
EPA?

    You must report your emission inventory data to us in electronic
form. We support specific electronic data reporting formats, and you
are required to report your data in a format consistent with these. The
term format encompasses the definition of one or more specific data
fields for each of the data elements listed in Tables 2a and 2b in
Appendix A of this subpart; allowed code values for certain data
fields; transmittal information; and data table relational structure.
Because electronic reporting technology may change, 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/eis/2011nei/xml_data_eis.pdf. You may also call the air emissions contact in your
EPA Regional Office or our Info CHIEF help desk at<PHONE_NUMBER> or
send email to<EMAIL_ADDRESS>0
8. Section 51.50 is revised to read as follows:

Sec.  51.50  What definitions apply to this subpart?

    Aircraft engine type means a code defining a unique combination of
aircraft and engine used as an input parameter for calculating
emissions from aircraft.
    Annual emissions means actual emissions for a plant, point, or
process that are measured or calculated to represent a calendar year.
    Control measure means a unique code for the type of control device
or operational measure (e.g., wet scrubber, flaring, process change,
ban) used to reduce emissions.
    Emission calculation method means the code describing how the
emissions for a pollutant were calculated, e.g., by stack test,
continuous emissions monitor, EPA emission factor, etc.
    Emission factor means the ratio relating emissions of a specific
pollutant to an activity throughput level.
    Emission process identifier means a unique code for the process
generating the emissions.
    Emission operating type means the operational status of an
emissions unit for the time period for which emissions are being
reported, i.e., Routine, Startup, Shutdown, or Upset.
    Emission type means the type of emissions produced for onroad and
nonroad sources or the mode of operation for marine vessels.
    Emissions year means the calendar year for which the emissions
estimates are reported.
    Facility site name means the name of the facility.
    Facility site identifier means the unique code for a plant or
facility treated as a point source, containing one or more pollutant-
emitting units. The EPA's reporting format allows for state submittals
to use either the state's data system identifiers or the EPA's Emission
Inventory System identifiers.
    Lead (Pb) means lead as defined in 40 CFR 50.12. Emissions of lead
which occur either as elemental lead or as a chemical compound
containing lead should be reported as the mass of the lead atoms only.
    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.
    NAICS means North American Industry Classification System code. The
NAICS codes are U.S. Department of Commerce's codes for categorizing
businesses by products or services and have replaced Standard
Industrial Classification codes.

    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 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.
    Particulate matter (PM) 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.
    Percent control approach capture efficiency means the percentage of
an exhaust gas stream actually collected for routing to a set of
control devices.
    Percent control approach effectiveness means the percentage of time
or activity throughput that a control approach is operating as
designed, including the capture and reduction devices. This percentage
accounts for the fact that controls typically are not 100 percent
effective because of equipment downtime, upsets and decreases in
control efficiencies.
    Percent control approach penetration means the percentage of a
nonpoint source category activity that is covered by the reported
control measures.
    Percent control measures reduction efficiency means the net
emission reduction efficiency across all emissions control devices. It
does not account for capture device efficiencies.
    Physical address means the location address (street address or
other physical location description), locality name, state, and postal
zip code of a facility. This is the physical location where the
emissions occur; not the corporate headquarters or a mailing address.
    Point source means large, stationary (non mobile), 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 one or more of the pollutants for which reporting is required by
Sec.  51.15(a)(1). This does not include 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 are shown in Table 1 of Appendix A.
    Pollutant code means a unique code for each reported pollutant
assigned by the reporting format specified by the EPA for each
inventory year.
    Release point apportionment percent means the average percentage(s)
of an emissions exhaust stream directed to a given release point.
    Release point exit gas flow rate means the numeric value of the
flow rate of a stack gas.
    Release point exit gas temperature means the numeric value of the
temperature of an exit gas stream in degrees Fahrenheit.
    Release point exit gas velocity means the numeric value of the
velocity of an exit gas stream.
    Release point identifier means a unique code for the point where
emissions from one or more processes release into the atmosphere.
    Release point stack diameter means the inner physical diameter of a
stack.
    Release point stack height means physical height of a stack above
the surrounding terrain.
    Release point type code means the code for physical configuration
of the release point.
    Reporting period type means the code describing the time period
covered by the emissions reported, i.e., Annual, 5-month ozone season,
summer day, or winter.
    State and county FIPS code means the system of unique identifiers
in the Federal Information Placement System (FIPS) used to identify
states, counties and parishes for the entire United States, Puerto
Rico, and Guam.
    Source classification code (SCC) means a process-level code that
describes the equipment and/or operation which is emitting pollutants.
    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.
    Type A source means large point sources with a potential to emit
greater than or equal to any of the thresholds listed in Table 1 of
Appendix A of this subpart. If a source is a Type A source for any
pollutant listed in Table 1, then the emissions for all pollutants
required by Sec.  51.15 must be reported for that source.
    Unit 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.
    Unit identifier means a unique code for the unit that generates
emissions, typically a physical piece of equipment or a closely related
set of equipment.
    VOC means volatile organic compounds. The EPA's regulatory
definition of VOC is in 40 CFR 51.100.
0
9. Revise Table 1 to Appendix A of subpart A to read as follows:

 Table 1 to Appendix A of Subpart A--Emission Thresholds \1\ by Pollutant for Treatment as Point Source Under 40
                                                    CFR 51.30
----------------------------------------------------------------------------------------------------------------
                                                                               Triennial
           Pollutant             Every-year  (Type A  ----------------------------------------------------------
                                     sources) \2\          Type B sources               NAA sources \3\
----------------------------------------------------------------------------------------------------------------
(1) SO2.......................  >=2500...............  >=100................  >=100
(2) VOC.......................  >=250................  >=100................  O3 (moderate) >=100
                                                                              O3 (serious) >= 50
                                                                              O3 (severe) >= 25
                                                                              O3 (extreme) >=10
(3) NOX.......................  >=2500...............  >=100................  >=100
(4) CO........................  >=2500...............  >=1000...............  O3 (all areas) >=100
                                                                              CO (all areas) >=100
(5) Lead......................  .....................  >=0.5................  >=0.5
(6) Primary PM10..............  >=250................  >=100................  PM10 (moderate) >=100
                                                                              PM10 (serious) >=70
(7) Primary PM2.5.............  >=250................  >=100................  >=100
(8) NH3 4.....................  >=250................  >=100................  >=100
----------------------------------------------------------------------------------------------------------------
\1\ Thresholds for point source determination shown in tons per year of potential to emit as defined in 40 CFR
  part 70. Reported emissions should be in actual tons emitted for the required time period.
\2\ Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant.
\3\ NAA = Nonattainment Area. The point source reporting thresholds vary by attainment status for VOC, CO, and
  PM10.
\4\ NH3 threshold applies only in areas where ammonia emissions are a factor in determining whether a source is
  a major source, i.e., where ammonia is considered a significant precursor of PM2.5.

0
10. Revise Table 2a to Appendix A of Subpart A to read as follows:

    Table 2a to Appendix A of Subpart A--Facility Inventory \1\ Data
 Elements for Reporting Emissions From Point Sources, Where Required by
                              40 CFR 51.30
------------------------------------------------------------------------

-------------------------------------------------------------------------
                              Data Elements
------------------------------------------------------------------------
(1) Emissions Year.
(2) State and County FIPS Code or Tribal Code.
(3) Facility Site Identifier.
(4) Unit Identifier.
(5) Emission Process Identifier.
(6) Release Point Identifier.
(7) Facility Site Name.
(8) Physical Address (Location Address, Locality Name, State and Postal
 Code).
(9) Latitude and Longitude at facility level.
(10) Source Classification Code.
(11) Aircraft Engine Type (where applicable).
(12) Facility Site Status and Year.
(13) Release Point Stack Height and Unit of Measure.
(14) Release Point Stack Diameter and Unit of Measure.
(15) Release Point Exit Gas Temperature and Unit of Measure.
(16) Release Point Exit Gas Velocity or Release Point Exit Gas Flow Rate
 and Unit of Measure.
(17) Release Point Status and Year.
(18) NAICS at facility level.
(19) Unit Design Capacity and Unit of Measure (for some unit types).
(20) Unit Type.
(21) Unit Status and Year.
(22) Release Point Apportionment Percent.
(23) Release Point Type.
(24) Control Measure and Control Pollutant (where applicable).
(25) Percent Control Approach Capture Efficiency (where applicable).
(26) Percent Control Measures Reduction Efficiency (where applicable).
(27) Percent Control Approach Effectiveness (where applicable).
------------------------------------------------------------------------
\1\ Facility Inventory data elements need only be reported once to the
  EIS and then revised if needed. They do not need to be reported for
  each triennial or every-year emissions inventory.

0
11. Table 2b to Appendix A of Subpart A is revised to read as follows:

 Table 2b to Appendix A of Subpart A--Data Elements for Reporting Emissions From Point, Nonpoint, Onroad Mobile
                           and Nonroad Mobile Sources, Where Required by 40 CFR 51.30
----------------------------------------------------------------------------------------------------------------
                      Data elements                           Point       Nonpoint       Onroad        Nonroad
----------------------------------------------------------------------------------------------------------------
(1) Emissions Year......................................            Y             Y             Y             Y
(2) FIPS code...........................................            Y             Y             Y             Y
(3) Shape Identifiers (where applicable)................  ............            Y   ............  ............
(4) Source Classification Code..........................  ............            Y             Y             Y
(5) Emission Type (where applicable)....................  ............            Y             Y             Y
(8) Emission Factor.....................................            Y             Y   ............  ............
(9) Throughput (Value, Material, Unit of Measure, and               Y             Y             Y   ............
 Type)..................................................
(10) Pollutant Code.....................................            Y             Y             Y             Y
(11) Annual Emissions and Unit of Measure...............            Y             Y             Y             Y
(12) Reporting Period Type (Annual).....................            Y             Y             Y             Y
(13) Emission Operating Type (Routine)..................            Y   ............  ............  ............
(14) Emission Calculation Method........................            Y             Y   ............  ............
(15) Control Measure and Control Pollutant (where         ............            Y   ............  ............
 applicable)............................................
(16) Percent Control Measures Reduction Efficiency        ............            Y   ............  ............
 (where applicable).....................................
(17) Percent Control Approach Effectiveness (where        ............            Y   ............  ............
 applicable)............................................

(18) Percent Control Approach Penetration (where          ............            Y   ............  ............
 applicable)............................................
----------------------------------------------------------------------------------------------------------------

0
12. Amend Sec.  51.122 by:
0
a. Revising paragraph (c);
0
b. Removing and reserving paragraph (d); and
0
c. Revising paragraph (f).
    The revisions read as follows:

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

* * * * *
    (c) Each revision must provide for periodic reporting by the state
of NOX emissions data to demonstrate whether the state's
emissions are consistent with the projections contained in its approved
SIP submission. The data availability requirements in Sec.  51.116 must
be followed for all data submitted to meet the requirements of
paragraph (c) of this section.
* * * * *
    (f) Reporting schedules. Data collection is to begin during the
ozone season 1 year prior to the state's NOX SIP Call
compliance date.

[FR Doc. 2013-14628 Filed 6-19-13; 8:45 am]
BILLING CODE 6560-50-P