[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Proposed Rules]
[Page 69-84]
[DOCID:fr03ja06-29]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[OAR-2004-0489; FRL-8016-8]
RIN 2060-AN20

Air Emissions Reporting Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: Today's action proposes changes to EPA's emission inventory
reporting requirements. The proposed amendments would consolidate,
reduce, and simplify the current requirements; add limited new
requirements; and provide additional flexibility to States in the way
they collect and report emissions data. The proposed amendments would
also accelerate the reporting of emissions data to EPA by State and
local agencies. The EPA intends to issue final amendments during 2006.

DATES: Comments must be received on or before May 3, 2006. Under the
Paperwork Reduction Act, comments on the information collection
provisions must be received by OMB on or before February 2, 2006.
    The EPA will hold a public hearing on today's proposal only if
requested by February 2, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0489, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air Emissions Reporting Requirements Rule, Docket
No. OAR-2004-0489, Environmental Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. In addition, please
mail a copy of your comments on the information collection provisions
to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St.,
NW., Washington, DC 20503.
     Hand Delivery: EPA Docket Center, 1301 Constitution
Avenue, NW., Room B102, Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. OAR-2004-0489.
The EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov, or e-mail. The
http://www.regulations.gov website is ``anonymous access'' systems, which

means EPA will not know your identity or contact information unless you
provide it in the body of your comment.

If you send an e-mail comment directly to EPA without going through
http://www.regulations.gov your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

For additional instructions on submitting comments, go to unit I.B of
the SUPPLEMENTARY INFORMATION section of this preamble.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index or in hard copy at the Air Emissions

Reporting Requirements Rule, Docket No. OAR-2004-0489, EPA/DC, EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Emissions Reporting Requirements Rule, Docket No. OAR-2004-0489 is
(202) 566-1742. Although listed in the index, some information is not
publicly available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.

FOR FURTHER INFORMATION CONTACT: For general questions concerning
today's action, please contact Bill Kuykendal, U.S. EPA, Office of Air
Quality Planning and Standards, Emissions Monitoring and Analysis
Division, Mail Code D205-01, Research Triangle Park, NC, 27711,
telephone<PHONE_NUMBER>, e-mail at<EMAIL_ADDRESS>For legal
questions, please contact Thomas Swegle, U.S. EPA, Office of General
Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, telephone<PHONE_NUMBER>, e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply To Me?

    Categories and entities potentially regulated by this action
include:

------------------------------------------------------------------------
                                        NAIC     Examples of regulated
              Category                code\1\           entities
------------------------------------------------------------------------
State/local/tribal government.......    92411  State, territorial, and
                                                local government air
                                                quality management
                                                programs. Tribal
                                                governments are not
                                                affected.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This action proposes to have States report their emissions to
us. It is possible that some States will require facilities within
their jurisdictions to report emissions to the States. To determine
whether your facility would be regulated by this action, you should
examine the applicability criteria in 40 CFR 51.1 of the proposed
amendments. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

B. What Should I Consider As I Prepare My Comments for EPA?

    1. Expedited Review. To expedite review of your comments by Agency
staff, you are encouraged to send a separate copy of your comments, in
addition to the copy you submit to the official docket, to Bill
Kuykendal, U.S. EPA, Office of Air Quality Planning and Standards,
Emissions Monitoring and Analysis Division, Mail Code D205-01, Research
Triangle Park, NC 27711, telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
    2. Submitting CBI. Do not submit CBI to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Roberto Morales, U.S.
EPA, Office of Air Quality Planning and Standards, Mail Code C404-02,
Research Triangle Park, NC 27711, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>Attention Docket ID No. OAR-2004-0489.

    3. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

C. Where Can I Get a Copy of This Document and Other Related
Information?

    In addition to being available in the docket, an electronic copy of
today's proposed amendments is also available on the Worldwide Web
(WWW) through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the proposed amendments will be
placed on the TTN

at http://www.epa.gov/ttn/chief. The TTN provides information and

technology exchange in various areas of air pollution control. If more
information regarding the TTN is needed, call the TTN HELP line at
(919) 541-5384. A copy of the proposed amendments and fact sheet will
also be posted at http://www.epa.gov/interstateairquality.

D. Will There Be a Public Hearing?

    The EPA will hold a public hearing on today's proposal only if
requested by February 2, 2006. The request for a public hearing should
be made in writing and addressed to Bill Kuykendal at U.S. EPA, Office
of Air Quality Planning and Standards, Emissions Monitoring and
Analysis Division, Mail Code D205-01, Research Triangle Park, NC 27711.
The hearing, if requested, will be held on a date and at a place
published in a separate Federal Register notice.

E. How Is This Document Organized?

    The information presented in this preamble is organized as follows:

I. General Information
II. Background
    A. Existing Emissions Reporting Requirements
    B. Proposed Emissions Reporting Requirements
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act

II. Background

    In today's action, the Air Emissions Reporting Requirements (AERR)
rule, EPA is proposing to amend the emission inventory reporting
requirements in 40 CFR part 51, subpart A and in 40 CFR 51.122. In a
related action to today's proposed amendments, EPA has promulgated the
Clean Air Interstate Rule (CAIR). The EPA believes that it is essential
that achievement of the emissions reductions required by the CAIR be
verified on a regular basis. Emissions reporting is the principal
mechanism to verify these reductions and to assure the downwind
affected States and EPA that the ozone and particulate matter (PM) less
than or equal to 2.5 micrometers (PM2.5) transport problems
are being mitigated as required by the CAIR. To this end, EPA has
promulgated limited new emissions reporting requirements for States
under the CAIR. However, in the CAIR, we explained that there are
additional reporting requirements that we believe are important and did
not finalize under the CAIR. We are proposing these requirements in
today's action. The proposed amendments would also remove or simplify
some current emissions reporting requirements which we believe are not
necessary or appropriate, for reasons explained below.
    Because we are proposing to consolidate and harmonize the new
emissions reporting requirements proposed today with two pre-existing
sets of emissions reporting requirements, we review in today's action
the purpose, authority, and history of emissions reporting requirements
in general.
    Emissions inventories are critical for the efforts of State, local,
and Federal agencies to attain and maintain the national ambient air
quality standards (NAAQS) that EPA has established for criteria
pollutants such as ozone, PM, and carbon monoxide (CO). Pursuant to its
authority under sections 110 and 172 of the CAA, EPA has long required
State implementation plans (SIPs) to provide for the submission by
States to EPA of emissions inventories containing information regarding
the emissions of criteria pollutants and their precursors (e.g.,
volatile organic compounds (VOC)). The EPA codified these requirements
in subpart Q of 40 CFR part 51 in 1979 and amended them in 1987.
    The 1990 Amendments to the CAA revised many of the provisions of
the CAA related to the attainment of the NAAQS and the protection of
visibility in Class I areas. These revisions established new periodic
emissions inventory requirements applicable to certain areas that were
designated nonattainment for certain pollutants. For example, section
182(a)(3)(A) required States to submit an emissions inventory every 3
years for ozone nonattainment areas beginning in 1993. Similarly,
section 187(a)(5) required States to submit an inventory every 3 years
for CO nonattainment areas. The EPA, however, did not immediately
codify these statutory requirements in the CFR, but simply relied on
the statutory language to implement them.
    In 1998, EPA promulgated the NOX SIP Call which requires
the affected States and the District of Columbia to submit SIP
revisions providing for nitrogen oxides (NOX) reductions to
reduce their adverse impact on downwind ozone nonattainment areas. (See
63 FR 57356, October 27, 1998). As part of that rule, codified in 40
CFR 51.122, EPA established emissions reporting requirements to be
included in the SIP revisions required under that action.
    Another set of emissions reporting requirements, termed the
Consolidated Emissions Reporting Rule (CERR), was promulgated by EPA in
2002, and is codified at 40 CFR part 51, subpart A. (See 67 FR 39602,
June 10, 2002). These requirements replaced the requirements previously
contained in subpart Q, expanding their geographic and pollutant
coverages while simplifying them in other ways.
    The principal statutory authority for the emissions inventory
reporting requirements outlined in this preamble is found in CAA
section 110(a)(2)(F), which provides that SIPs must require ``as may be
prescribed by the Administrator * * * (ii) periodic reports on the
nature and amounts of emissions and emissions-related data from such
sources.'' Section 301(a) of the CAA provides authority for EPA to
promulgate regulations under this provision.\1\
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    \1\ Other CAA provisions relevant to these proposed amendments
include section 172(c)(3) (provides that SIPs for nonattainment
areas must include comprehensive, current inventory of actual
emissions, including periodic revisions); section 182(a)(3)(A)
(emissions inventories from ozone nonattainment areas); and section
187(a)(5) (emissions inventories from CO nonattainment areas).
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A. Existing Emissions Reporting Requirements

    At present, the emissions reporting requirements applicable to
States are contained in two different locations: subpart A of 40 CFR
part 51 (the CERR) and 40 CFR 51.122 in subpart G (the NOX
SIP Call reporting requirements). This proposed action would
consolidate these sections, with modifications as described below. The
proposed modifications are intended to achieve the additional reporting
needed to verify the reductions required by the CAIR; harmonize,
reduce, and simplify the emissions reporting requirements; and make
emissions reporting requirements easier.
    Under the NOX SIP Call requirements in 40 CFR 51.122,
emissions of NOX for a defined 5-month ozone season (May 1
through September 30) from sources that the State has subjected to
emissions control to comply with the requirements of the NOX
SIP Call are required to be

reported by the affected States to EPA every year. However, emissions
of sources reporting directly to EPA as part of the NOX
trading program are not required to be reported by the State to EPA
every year. The affected States are also required to report ozone
season emissions and typical summer day emissions of NOX
from all sources every third year (2002, 2005, etc.) and in 2007. This
triennial reporting process does not have an exemption for sources
participating in the emissions trading programs. Section 51.122
requires that a number of data elements be reported in addition to
ozone season NOX emissions. These data elements describe
some of the source's specific physical and operational parameters.
    Emissions reporting under the NOX SIP Call as first
promulgated was required starting for the emissions reporting year
2002, the year prior to the start of the required emissions reductions.
The reports are due to EPA on December 31 of the calendar year
following the inventory year. For example, emissions from all sources
and types in the 2002 ozone season were required to be reported on
December 31, 2003. However, because the Court which heard challenges to
the NOX SIP Call delayed the implementation by one year to
2004, no State was required to start reporting until the 2003 inventory
year. In addition, EPA recently promulgated a rule to subject Georgia
and Missouri to the NOX SIP Call with an implementation date
of 2007. (See 69 FR 21604, April 21, 2004.) For these States, emissions
reporting begins with 2006. The emissions reporting requirements under
the NOX SIP Call affect the District of Columbia and 20
States.
    As noted above, the other set of emissions reporting requirements
is codified at subpart A of part 51. Although entitled the CERR, this
rule left in place the separate 40 CFR 51.122 for the NOX
SIP Call reporting. The CERR requirements were aimed at obtaining
emissions information to support a broader set of purposes under the
CAA than were the reporting requirements under the NOX SIP
Call. The CERR requirements apply to all States and include the
reporting of all criteria pollutants and criteria pollutant precursors.
    Like the requirements under the NOX SIP Call, the CERR
requires reporting of all sources at 3-year intervals (2002, 2005,
etc.). It requires reporting of certain large sources every year.
However, the required reporting date under the CERR is 5 months later
than under the NOX SIP Call reporting requirements. Also,
emissions must be reported by all States for the entire year, for a
typical day in winter, and a typical day in summer, but not for the 5-
month ozone season as is required by the NOX SIP Call.
Finally, the CERR and the NOX SIP Call differ in what non-
emissions data elements must be reported.
    The final CAIR included three changes to the above described pre-
existing emissions reporting requirements. These requirements are as
follows:
    1. The new States that are subject to the CAIR requirements, but
were not subject to the NOX SIP Call requirements, are
required to report their NOX emissions for the 5-month (May
1-September 30) ozone season on a triennial basis beginning in 2008.
    2. The States that are subject to the CAIR for reasons of
PM2.5, must report to EPA a set of specified data elements
for all sources each year--regardless of size--subject to new controls
adopted specifically to meet the CAIR requirements related to
PM2.5, unless the sources participate in an EPA-administered
emissions trading program.
    3. The requirement of the NOX SIP Call for a special
all-sources report by affected States for the year 2007, due December
31, 2008, was eliminated.

B. Proposed Emissions Reporting Requirements

    Today's action proposes to further consolidate the detailed
requirements for emissions reporting by States entirely into subpart A.
The proposed amendments would also harmonize the reporting requirements
and reduce and simplify them in several ways. The major changes
included in the proposed amendments are described below.
    Amendments are proposed to subpart A, which contains 40 CFR 51.1
through 51.50, with conforming amendments to 40 CFR 51.122. The
proposed amendments would also add new tables to subpart A of part 51.
     In 40 CFR 51.122, we propose to abolish certain
requirements entirely and to replace certain requirements with a cross
reference to subpart A so that detailed lists of required data elements
appear only in subpart A. As amended, 40 CFR 51.122 would continue to
specify what pollutants, sources, and time periods the States subject
to the NOX SIP Call must report and when but would no longer
list the detailed data elements required for those reports.
     The amended subpart A would list the detailed data
elements as well as provide information on submittal procedures,
definitions, and other generally applicable provisions.
    Taken together, the existing emissions reporting requirements under
the NOX SIP Call, CERR and CAIR are already rather
comprehensive in terms of the States covered and the information
required. Therefore, the practical impact of the changes proposed today
is to impose several new requirements and to accelerate the overall
calendar for emission reporting.
    In all States, we are proposing to expand the definition of what
sources must be reported in point source format, so that fewer sources
would be included in nonpoint source emissions.\2\ We are proposing to
base the requirement for point source format reporting on whether the
source is a major source under 40 CFR part 70 for the pollutants for
which reporting is required, i.e., for CO, VOC, NOX, sulfur
dioxide (SO2), PM2.5, PM10, and
ammonia but without regard to emissions of hazardous air pollutants.
Currently, the requirement for point source reporting is based on
thresholds of actual emissions in the year of the inventory report.
While it has always been an option for States to include all such
sources, and we know that some States already do, this change may
require more sources to be reported as point sources every 3rd year.
Affected States will continue to report their actual emissions. The new
approach would make it possible to better track changes in source
emissions, shutdowns, and startups over time. Because States have an
existing list of sources based on 40 CFR part 70 requirements, this
approach would result in a more stable universe of reporting point
sources, which in turn would facilitate elimination of overlaps and
gaps in estimating point source emissions, as compared to nonpoint
source emissions. Under this proposal, States would know well in
advance of the start of the inventory year which sources would need to
be reported. We are proposing that these new requirements begin with
the 2008 inventory year, the report for which would be due to EPA by
December 31, 2009.
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    \2\ We use the term ``nonpoint source'' to refer to a stationary
source that is treated for inventory purposes as part of an
aggregated source category rather than as an individual facility. In
the existing subpart A of part 51, such emissions sources are
referred to as ``area sources.'' However, the term ``area source''
is used in section 112 of the CAA to indicate a non-major source of
hazardous air pollutants, which could be a point source. As
emissions inventory activities increasingly encompass both NAAQS-
related pollutants and hazardous air pollutants, the differing uses
of ``area source'' can cause confusion. Accordingly, EPA proposes to
substitute the term ``nonpoint source'' for the term ``area source''
in subpart A and in Sec.  51.122 to avoid confusion.

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    We received a number of comments on this provision regarding point
source format reporting when it was made in the CAIR supplemental
proposal. The majority of comments supported changing the definition of
a point source for reporting purposes to that in 40 CFR part 70. Some
comments in opposition to the supplemental proposal appear to have been
based on the impression that EPA was proposing reporting of potential
rather than actual emissions, which was not the case. While the status
as a major source depends on potential to emit, a State must report
actual emissions.
    In addition to the new requirements, several proposed changes would
alter existing reporting requirements on States or provide them with
additional options. These proposed changes are summarized in units
II.B.1 through II.B.9 of this preamble.
1. Harmonizing Report Due Dates
    The NOX SIP Call rule required the affected States to
submit emissions inventory reports for a given ozone season to EPA by
December 31 of the following year. The CERR requires similar but not
identical reports from all States by the following June 1, five months
later. The EPA believes that harmonizing these dates would be efficient
for both States and EPA. We are proposing to move the June 1, reporting
requirement to the previous December 31. The first reports due under
this proposal would be for the year 2008 to be reported by December 31,
2009. We are soliciting comment on an alternative of requiring that
point sources be reported on December 31 and other sources on June 1.
This approach would eliminate the problem of States having to make two
submissions for point sources within a 5-month period and would result
in a more timely submission of the emissions information for point
sources. A more timely submission would be particularly useful for
point sources because point sources generally are the primary subject
of control measures in SIPs. The later June 1 submission date for
nonpoint sources and mobile sources would allow more time for
estimating these emissions sources, which in some cases may require
vehicle miles traveled or business activity data that are not available
in time for a December 31 submission. In addition, estimating emissions
of some types of nonpoint sources requires prior knowledge of emissions
and activity levels at point sources of the same industrial type;
therefore, it may make sense to stagger the submission deadlines for
the different sources.
    The EPA solicited comments on a similar provision in the CAIR
supplemental proposal. Here, the EPA proposed to harmonize the dates
for both the NOX SIP Call and the CERR at 17 months but
asked for comments on a 12 month due date. Several comments were
received, all favoring harmonizing the report due date at 17 months.
Nonetheless, EPA believes that shortening the reporting cycle to 12
months is possible and desirable. EPA's ultimate goal is to complete
the NEI within 12 months of the end of a calendar year. This is
consistent with recommendations made by external groups (e.g., NARSTO's
Improving Emission Inventories for Effective Air Quality Management
Across North America http://www.cgenv.com/Narsto/EmissionInventory.html
). Meeting this goal will require a reporting due

date even early than 12 months. However, since the current reporting
due date for the NEI is 17 months, a phased approach with a due date of
12 months for the 2008 NEI and earlier due dates in subsequent cycles
is appropriate. EPA is confident that States can meet report due dates
of 12 months or earlier. To demonstrate this, EPA is currently working
with 10 State and local agencies on the Rapid Inventory Development
Pilot. Under this pilot project EPA has received 2004 emission
estimates from half of the participating State and local agencies by
the end of October 2005 (10 months after the end of the year being
inventoried). EPA will issue a report on the results of this pilot
study.
2. Accelerating Report Due Dates
    The EPA believes that the public is best served by making
environmental information available as soon as possible. Therefore, we
are proposing that the reporting schedule be further accelerated for
the triennial year 2011 and all following years by requiring that point
sources be reported within 6 months from the end of the calendar year,
i.e., by June 30 of the following year. Reporting on all other sources
would be required within 12 months, i.e., by December 31 of the
following year. There is precedent for requiring reporting of point
source emissions data within 6 months. Beginning with the year 1979,
States were required, under subpart Q, to report point source emissions
data within 6 months. Moreover, we believe that modern web-based source
reporting systems will be able to greatly shorten the time it takes
States to get emissions reports from sources. We invite comment on
alternative reporting schedules from 6 to 12 months for point sources
and from 12 to 17 months for all other sources.
3. Reporting Biogenic Emissions
    We are proposing to remove a requirement in the existing CERR for
reporting annual and typical ozone season day biogenic emissions.
Biogenic emissions are estimated by a computer model using
meteorological and land use/land cover data as inputs. Because EPA can
develop these data inputs directly without having them reported by
State, local and Tribal agencies, we believe the requirement for
reporting biogenic emissions serves no useful purpose. This change does
not affect our expectation that biogenic emissions be appropriately
considered in ozone and PM2.5 attainment demonstrations.
    We received a number of comments on this provision when it was made
in the CAIR supplemental proposal. All of the comments were in favor of
eliminating the biogenic emissions reporting requirement. The EPA is
reproposing this change to allow for the maximum opportunity for public
comment.
4. Reporting Emission Model Inputs
    We are proposing a new provision which would allow States the
option of providing emissions inventory estimation model inputs in lieu
of actual emissions estimates, for source categories for which prior to
the submission deadline EPA develops or adopts suitable emissions
inventory estimation models and by guidance defines their necessary
inputs. This provision would allow source reporting to take advantage
of new emissions estimation tools for greater efficiency, although the
States would continue to be required to provide inputs representative
of their conditions. If States choose to use this option, EPA will run
the emissions model(s) to calculate emissions and will enter the
emissions data into the appropriate data base. We propose that this
option would be available starting with the reports on 2005 emissions.
Furthermore, we invite comment on whether States should be required to
provide model inputs for source categories for which they have utilized
a widely available emissions model, to improve the transparency of the
emission estimates themselves and the overall utility of the
submissions in meeting the objectives of the emissions reporting
requirements. For example, such inputs would better allow EPA to
project future emissions.
    We received several comments on this provision in the CAIR
supplemental proposal. Most of the comments were in favor of allowing
the option of reporting

model inputs in lieu of the estimated emissions from the models.
However, most of the commenters did not want the reporting of model
inputs to become a reporting requirement. Therefore, EPA is reproposing
this change to create a State option and inviting comment on making
submission of inputs a requirement to allow for the maximum opportunity
for public comment.
5. Reporting Summer Day Emissions
    We are proposing to retain the requirement for reporting of summer
day emissions from all sources (except biogenic sources) at 3-year
intervals, but to restrict it to only States with ozone nonattainment
areas or States covered by the NOX SIP Call or CAIR. The
NOX SIP Call requires the reporting of only NOX
emissions for a typical summer day, while the CERR requires the
reporting of all criteria pollutants. We propose to restrict the summer
day emissions reporting requirement to VOC and NOX
emissions, but we invite comment on whether CO emissions should be
required also.
    We received several comments on this provision when it was made in
the CAIR supplemental proposal. Two of the comments supported retaining
the requirement that summer day emissions be reported as required by
the CERR. Two of the comments supported EPA's proposed revision to the
CERR requirement. One State commented that EPA should not require
statewide reporting of summer day emissions, unless it could be
demonstrated that these emissions contributed to nonattainment within
the State or in other States. The EPA is reproposing this change to
allow for the maximum opportunity for public comment.
6. Reporting Winter Work Week Day Emissions
    We are proposing to delete the existing requirement that all States
report emissions for a winter work week day. This requirement was
originally aimed at tracking progress towards attainment of the CO
NAAQS. We believe applying this requirement to all States is no longer
warranted given that CO violations are currently observed in few areas.
We believe we can work directly with the few remaining affected States
to monitor efforts to attain the CO NAAQS without requiring formal
submission of CO inventories.
    We received several comments on this provision in the CAIR
supplemental proposal. All of the comments were in favor of eliminating
the requirement to report emissions for a winter work week day. The EPA
is reproposing this change to allow for the maximum opportunity for
public comment.
7. New Data Elements
    We are proposing to add several required data elements to the
existing rule. These are contact name, contact phone number, emission
release point type, control status, emission type, and method accuracy
description (MAD) codes.
    The contact name and phone number are for the lead contact in the
organization submitting the data and are needed to ensure that EPA
knows who to contact if issues arise with a data submission.
    The emission release point type is a code for the physical
configuration of the emission release point (e.g., vertical stack,
fugitive, etc.). It is needed to correctly model how emissions are
released into the atmosphere.
    The control status is a code that represents whether emissions
reported are controlled or uncontrolled. It is needed to correctly
project future emissions and to correctly evaluate the impact of
emission control programs. While data elements related to control
equipment are already required, they are not adequate since some
control approaches do not involve physical equipment, for example low
solvent coatings. We also invite comment on whether with this addition
the current data elements that describe emissions control equipment
type and efficiency are adequate. We believe it is important for States
to report on the manner in which sources are currently controlled so
that opportunities for developing control strategies and regulatory
development can be assessed, but the existing data elements may not be
adequate and appropriate for that purpose. The present data elements
related to control measures are primary control efficiency, secondary
control efficiency, control device type, and rule effectiveness for
point sources; and total capture/control efficiency, rule
effectiveness, and rule penetration for nonpoint sources and nonroad
mobile sources.\3\
---------------------------------------------------------------------------

    \3\ Additional information on emissions data elements and the
formats and valid codes presently in use for State reporting to EPA
is available on the EPA Web site http://www.epa.gov/ttn/chief/nif/index.html
.

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    We received a few comments on this provision when it was made in
the CAIR supplemental proposal. One commenter said that current data
elements were not adequate to fully characterize control efficiencies
but did not suggest any specific changes. Other commenters were
concerned about reporting burden and opposed the addition of any
further reporting requirements. The EPA is reproposing this change to
allow for the maximum opportunity for public comment.
    The emission type is a code describing the temporal period of
emissions reported (e.g., annually, daily, etc.). It is needed to
ensure that emissions estimates are used properly.
    The method accuracy (MAD) codes are codes that provide information
about geographic coordinates including the collection method, accuracy,
and other descriptors. We are proposing adding the MAD codes to this
rule because EPA's Latitude/Longitude Data Standard \4\ requires their
collection when latitude and longitude are collected. The MAD codes are
horizontal collection method code, horizontal accuracy measure,
horizontal reference datum code, reference point code, source map scale
number, and coordinate data source code. The EPA believes that many
States will be able to report these codes based on existing
information. However, in the event that the information needed to
report these codes is not available, States will not be required to do
additional work since there is a code ``don't know.''
---------------------------------------------------------------------------

    \4\ Environmental Data Registry: Latitude/Longitude Standard.
2000. U.S. Environmental Protection Agency. December 11, 2000.
http://oasspub.epa.gov/ edr/edr--proc-- qry.navigate?P-- LIST--

OPTION--CD=CSDIS&P-- REG--AUTH--IDENTIFIER=1&P-- DATA--
IDENTIFIER=19939&P-- VERSION=1.
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8. Identification of New Emissions Related Data Requirements
    We invite comment on whether or not additional emissions related
data should be required. Commenters may choose to discuss how the
reporting of new or currently required data may improve the accuracy,
consistency and reliability of emissions inventories. If new emissions
related data requirements are identified by commenters, then EPA may
choose to issue a supplemental proposal for these proposed amendments
detailing specific requirements. The EPA urges commenters who wish to
suggest other data elements to comment to that effect early in the 120-
day comment period, so that EPA has the option of issuing the
supplemental proposal while the 120-day comment period is still open.
9. Revisions to Specific Data Elements
    The NOX SIP Call rule and the CERR contain detailed
lists of required data elements in addition to emissions, and each rule
has its own set of definitions. The two sets of data elements overlap
but are not identical. The NOX SIP Call rule requires a few
more data elements to be reported and defines some data

elements differently than the CERR. The EPA has reviewed both lists in
light of more recent experiences and insight into the difficulty States
face in collecting and submitting these data elements and their utility
to EPA, other States, and other users. We are proposing to combine the
separate lists of required elements into a single new list of required
data elements. A few data elements from the NOX SIP Call are
proposed to be eliminated. The NOX SIP Call data elements
that we are proposing to eliminate are: ``Area Designation,'' ``Federal
ID code (plant),'' ``Federal ID code (point),'' ``Federal ID code
(process),'' ``Federal ID code (stack number),'' ``Maximum design
rate,'' ``Work weekday emissions,'' ``Secondary control efficiency,''
``Source of fuel heat content data,'' ``Source of activity/throughput
data,'' ``Source of emission factor'' and ``Source of emissions data.''
We propose that these relatively minor changes become applicable
starting with the first required emissions reports following the
promulgation of the final amendments.
    There are a number of data elements required in the proposed
amendments on which we invite comment as to whether they should be
dropped in the final amendments. These are heat content (fuel), ash
content (fuel), sulfur content (fuel) for fuels other than coal,
activity/throughput, hours per day in operation, days per week in
operation, weeks per year in operation, and start time in the day.
These data elements have been carried forward from emissions reporting
systems dating back many years. We believe it is appropriate to take
comment on their current usefulness and sufficiency.
    We received several comments in response to this invitation for
comments when it was made in the CAIR supplemental proposal. In
general, the comments opposed eliminating these as required data
elements. Therefore, EPA is reproposing this change to allow for the
maximum opportunity for public comment.
    At present, States are required to report three particular data
elements for point source stacks: Stack diameter, exit gas velocity,
and exit gas flow rate. This is a redundant requirement since any one
of these can be calculated from the other two. We invite comment on
which if any of these data elements to drop from the required list. Our
preference would be to collect the data element that is most closely
tied to an actual operating measurement. Alternatively, we may allow
States to report either exit gas flow or exit gas velocity, at their
option.
    We received several comments on this provision when it was made in
the CAIR supplemental proposal. In general, the comments favored the
elimination of one of these as a required data element. The EPA is
reproposing this change to allow for the maximum opportunity for public
comment.
    Finally, we propose to modify 40 CFR 51.35 to provide that if
States obtain one-third of their necessary emissions estimates from
point sources and/or prepare one-third of their nonpoint or mobile
source emissions estimates each year on a rolling basis, they should
submit their data as a single package on the required every 3rd year
submission date. The current requirement allows States to report these
partial emissions estimates annually as they are completed. Our
proposal requires that States accumulate all three years of work and
then make a single data submission by the due date for the trienniel
emission inventory year.
    We received two comments on this provision when it was made in the
CAIR supplemental proposal. The comments indicated that additional
information is needed to better understand why EPA believes that this
change is beneficial. The EPA believes that a single submission would
allow States to correct and/or update data prior to submitting it to
EPA thereby facilitating a more consistant data set. A single
submission would also make it more efficient for EPA to quality assure
the complete data set rather than doing it on a piecemeal basis. There
would also be increased efficiencies in resolving any identified
discrepancies with the States. Therefore, EPA is reproposing this
change to allow for the maximum opportunity for public comment.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and to the requirements of the Executive Order. The Executive
Order defines a ``significant regulatory action'' as one that is likely
to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
    (2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    Under the terms of Executive Order 12866, it has been determined
that this regulatory action is a ``significant regulatory action''
because it raises novel legal or policy issues. As such, this action
was submitted to OMB for Executive Order 12866 review. Changes made in
response to OMB suggestions or recommendations will be documented in
the public record.

B. Paperwork Reduction Act

    The information collection requirements in the proposed amendments
have been submitted for approval to the OMB under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. The information collection
request (ICR) document prepared by EPA has been assigned EPA ICR number
2170.01.
    The information collection requirements in the proposed amendments
are based on the existing Emission Inventory Reporting Requirements in
40 CFR part 51, subparts A and G. In general, these provisions require
each State to compile a statewide inventory of emissions of certain
criteria pollutants at least every 3 years for all point, nonpoint, and
mobile sources. The information collection requirements for the
existing inventory reporting requirements have been approved by OMB
under control number 2060-0088.
    The information collection requirements in the proposed amendments
are mandatory for all States and territories (excluding tribal
governments). These requirements are authorized by section 110(a) of
the CAA. The reported emissions data are used by EPA to develop and
evaluate State, regional, and national control strategies; to assess
and analyze trends in criteria pollutant emissions; to identify
emission and control technology research priorities; and to assess the
impact of new or modified sources within a geographic area. The
emission inventory data are also used by States to develop, evaluate,
and revise their SIP.
    The proposed amendments would add new reporting requirements and
would combine these new requirements with existing requirements from
the CAIR, CERR, NOX SIP Call, and the

Acid Rain Program. Each of these four existing rules has an approved
ICR. The current ICRs are: For the CAIR, ICR No. 2152.01; for the CERR,
ICR No. 0916.10; for the NOX SIP Call, ICR No. 1857; and for
the Acid Rain Program, ICR No. 1633.13.
    The proposed changes would reduce the information collection burden
for each of the 104 respondents by about 13 labor hours per year from
current levels. The annual average reporting burden for this collection
(averaged over the first 3 years of this ICR) is estimated to decrease
by a total of 1,373 labor hours per year with a decrease in costs of
$47,450. From the perspective of the sources reporting to the States,
EPA does not believe that there will be any change in reporting burden
resulting from AERR because the same universe of sources will be
required to report to the States. No capital/startup costs or operation
and maintenance costs for monitoring equipment are attributable to the
proposed amendments. The only costs associated with the proposed
amendments are labor hours associated with collection, management, and
reporting of the data through existing systems.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 51 are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for the proposed rule,
which includes this ICR, under Docket ID number OAR-2004-0489. Submit
any comments related to the ICR for these proposed amendments to EPA
and OMB. See the ADDRESSES section at the beginning of this notice for
where to submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after January 3, 2006, a comment to OMB is best
assured of having its full effect if OMB receives it by February 2,
2006. The final amendments will respond to any OMB or public comments
on the information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of today's proposed
amendments on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration; (2) a
government jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and that is not
dominant in its field.
    After considering the economic impacts of today's proposed
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. This proposed rule will not impose any requirements on small
entities. This action primarily impacts State and local agencies and
does not regulate small entities. The proposed amendments would provide
States with additional flexibility in how they collect and report
emissions data. Rather than entering their emissions data directly,
State and local agencies may choose to report the inputs to certain
emissions models. We continue to be interested in the potential impacts
of the proposed rule on small entities and welcome comments on issues
related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    The EPA has determined that the proposed amendments do not contain
a Federal mandate that may result in expenditures of $100 million or
more for State, local, and Tribal governments, in the aggregate, or the
private sector in any 1 year. No significant costs are attributable to
the proposed amendments; in fact, the proposed amendments are estimated
to decrease costs associated with emissions inventory reporting. Thus,
the proposed amendments are not subject to the requirements of sections
202 and 205 of the UMRA. In addition, the proposed amendments do not
significantly or uniquely affect small governments because they contain
no requirements

that apply to such governments or impose obligations upon them.
Therefore, the proposed amendments are not subject to section 203 of
the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
    The proposed amendments do not have federalism implications. They
would not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132.

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

    Executive Order 13175 (65 FR 67249, November 6, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
    The proposed amendments do not have Tribal implications. They would
not have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
The Tribal Authority Rule means that Tribes cannot be required to
report their emissions to us. Thus, Executive Order 13175 does not
apply to the proposed amendments.

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

    Executive Order 13045: (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. The proposed amendments are not
subject to Executive Order 13045 because they are not based on health
or safety risks.

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

    These proposed amendments are not a ``significant energy action''
as defined in Executive Order 13211, (66 FR 28355, May 22, 2001)
because they are not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Further, we believe that the
proposed amendments are not likely to have any adverse energy effects.

I. National Technology Transfer Advancement Act

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

List of Subjects in 40 CFR Part 51

    Environmental Protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Nitrogen oxides,
Ozone, Particulate matter, Regional haze, Reporting and recordkeeping
requirements, Sulfur dioxide.

    Dated: December 22, 2005.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part
51 of the Code of Federal Regulations is proposed to be amended as
follows:

PART 51--[AMENDED]

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

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

Subpart A--[Amended]

    2. Subpart A is revised to read as follows:
Subpart A--Air Emissions Reporting Requirements

General Information For Inventory Preparers

Sec.
51.1 Who is responsible for actions described in this subpart?
51.5 What tools are available to help prepare and report emissions
data?
51.10 How does my State report emissions that are required by the
NOX SIP Call and the Clean Air Interstate Rule?

Specific Reporting Requirements

51.15 What data does my State need to report to EPA?
51.20 What are the emission thresholds that separate point and
nonpoint sources?
51.25 What geographic area must my State's inventory cover?
51.30 When does my State report which emissions data to EPA?
51.35 How can my State equalize the emissions inventory effort from
year-to-year?
51.40 In what form and format should my State report the data to
EPA?
51.45 Where should my State report the data?
51.50 What definitions apply to this subpart?

Tables to Subpart A of Part 51

Table 1 to Subpart A of Part 51. Emission Thresholds by Pollutant
(tpy\1\) for Treatment of Point Sources as Type A Under 40 CFR 51.30
Table 2a to Subpart A of Part 51. Data Elements For Reporting on
Emissions from Point Sources, Where Required by 40 CFR 51.30
Table 2b to Subpart A of Part 51. Data Elements For Reporting on
Emissions from Nonpoint Sources and Nonroad Mobile Sources, Where
Required by 40 CFR 51.30

Table 2c to Subpart A of Part 51. Data Elements For Reporting on
Emissions from Onroad Mobile Sources, Where Required by 40 CFR 51.30

Subpart A--Air Emissions Reporting Requirements General Information
for Inventory Preparers

Sec.  51.1  Who is responsible for actions described in this subpart?

    States must inventory emission sources located on non-tribal lands
and report this information to EPA.

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

    We urge your State to use estimation procedures described in
documents from the Emission Inventory Improvement Program (EIIP). These
procedures are standardized and ranked according to relative
uncertainty for each emission estimating technique. Using this guidance
will enable others to use your State's data and evaluate its quality
and consistency with other data.

Sec.  51.10  How does my State report emissions that are required by
the NOX SIP Call and the Clean Air Interstate Rule?

    The District of Columbia and States that are subject to the
NOX SIP Call (Sec.  51.121 of this part) are subject to the
emissions reporting provisions of Sec.  51.122 of this part. The
District of Columbia and States that are subject to the Clean Air
Interstate Rule are subject to the emissions reporting provisions of
Sec.  51.125 of this part. This subpart A incorporates the pollutants,
source, time periods, and required data elements for both of these
reporting requirements.

Specific Reporting Requirements

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

    (a) Pollutants. Report actual emissions of the following (see
Definitions in Sec.  51.50 for precise definitions as required):
    (1) Required pollutants for triennial reports of annual (12-month)
emissions for all sources and every-year reports of annual emissions
from Type A sources:
    (i) Sulfur dioxide (SO2).
    (ii) Volatile organic compounds (VOC).
    (iii) Nitrogen oxides (NOX).
    (iv) Carbon monoxide (CO).
    (v) Lead and lead compounds.
    (vi) Primary PM2.5. Emissions of filterable,
condensible, and total PM2.5 should be reported, if all are
applicable to the source type.
    (vii) Primary PM10. Emissions of filterable,
condensible, and total PM10 should be reported, if all are
applicable to the source type.
    (viii) Ammonia (NH3).
    (2) Required pollutants for every-year reporting of annual (12-
month) emissions for sources controlled to meet the requirements of
Sec.  51.123 of this part: NOX.
    (3) Required pollutants for every-year reporting of annual (12-
month) emissions of sources controlled to meet the requirements of
Sec.  51.124 of this part: SO2.
    (4) Required pollutants for all reports of ozone season (5 months)
emissions: NOX.
    (5) Required pollutants for triennial reports of summer day
emissions:
    (i) NOX.
    (ii) VOC.
    (6) Required pollutants for every-year reports of summer day
emissions: NOX.
    (7) A State may at its option include in its emissions inventory
reports estimates of emissions for additional pollutants such as other
pollutants listed in paragraph (a)(1) of this section or hazardous air
pollutants.
    (b) Sources. Emissions should be reported from the following
sources in all parts of the State, excluding sources located on Tribal
lands:
    (1) Point.
    (2) Nonpoint.
    (3) Onroad mobile.
    (4) Nonroad mobile.
    (c) Supporting information. You must report the data elements in
Tables 2a through 2c to subpart A of this part. We may ask you for
other data on a voluntary basis to meet special purposes.
    (d) Confidential data. We do not consider the data in Tables 2a
through 2c to subpart A of this part confidential, but some States
limit release of this type of data. Any data that you submit to EPA
under this subpart will be considered in the public domain and cannot
be treated as confidential. If Federal and State requirements are
inconsistent, consult your EPA Regional Office for a final
reconciliation.
    (e) Option to Submit Inputs to Emission Inventory Estimation Models
in Lieu of Emission Estimates. For a given reporting year, EPA may
allow States to submit comprehensive input values for models capable of
estimating emissions from a certain source type on a national scale, in
lieu of submitting the emission estimates otherwise required by this
subpart.

Sec.  51.20  What are the emission thresholds that separate point and
nonpoint sources?

    (a) All anthropogenic stationary sources must be included in your
inventory as either point or nonpoint sources.
    (b) Sources which meet the definition of point source in this
subpart must be reported as point sources. All pollutants specified in
Sec.  51.15(a) of this section must be reported for point sources, not
just the pollutant(s) which qualify the source as a point source.
    (c) If your State has lower emission reporting thresholds for point
sources than paragraph (b) of this section, then you may use these in
reporting your emissions to EPA.
    (d) All stationary sources that are not subject to reporting as
point sources must be reported as nonpoint sources. This includes wild
fires and prescribed fires. Episodic wind-generated particulate matter
(PM) emissions from sources that are not major sources may be excluded,
for example dust lifted by high winds from natural or tilled soil.
Emissions of nonpoint sources may be aggregated to the county level,
but must be separated and identified by source classification code
(SCC). Nonpoint source categories or emission events reasonably
estimated by the State to represent a de minimis percentage of total
county and State emissions of a given pollutant may be omitted.

Sec.  51.25  What geographic area must my State's inventory cover?

    Because of the regional nature of these pollutants, your State's
inventory must be statewide, regardless of any area's attainment
status.

Sec.  51.30  When does my State report which emissions data to EPA?

    All States are required to report two basic types of emission
inventories to EPA: Every-year Cycle Inventory; and Three-year Cycle
Inventory. The sources and pollutants to be reported vary among States.
    (a) Every-year cycle. See Tables 2a, 2b, and 2c to subpart A of
this part for the specific data elements to report every year.
    (1) All States are required to report every year the annual (12-
month) emissions of all pollutants listed in Sec.  51.15(a)(1) from
Type A (large) point sources, as defined in Table 1 to subpart A of
this part. The first every-year cycle inventory will be for the year
2008 and must be submitted to EPA within 12 months, i.e., by December
31, 2009. The same 12-month reporting sequence will apply for the
every-year cycle inventories for the years 2009 and 2010, i.e., these
inventories must be reported to EPA by December 31, 2010 and December
31, 2011, respectively. Beginning with the year 2011 and for all
subsequent every-year cycle inventories, the inventories will be due 6
months following the end of the reporting year, i.e., the 2011
inventory must be reported to EPA by June 30, 2012.

    (2) States subject to Sec. Sec.  51.123 and 51.125 of this part are
required to report every year the annual (12-month) emissions of
NOX from any point, nonpoint, onroad mobile, or nonroad
mobile source for which the State specified control measures in its
State Implementation Plan (SIP) submission under Sec.  51.123 of this
part. This requirement begins with the 2009 inventory year. This
requirement does not apply to any State subject to Sec.  51.123 of this
part solely because of its contribution to ozone nonattainment in
another State.
    (3) States subject to Sec. Sec.  51.124 and 51.125 of this part are
required to report every year the annual (12-month) emissions of
SO2 from any point, nonpoint, onroad mobile, or nonroad
mobile source for which the State specified control measures in its SIP
submission under Sec.  51.124 of this part. This requirement begins
with the 2009 inventory year.
    (4) States subject to Sec. Sec.  51.123 and 51.125 of this part are
required to report every year the ozone season emissions of
NOX and summer day emissions of NOX from any
point, nonpoint, onroad mobile, or nonroad mobile source for which the
State specified control measures in its SIP submission under Sec.
51.123 of this part. This requirement begins with the 2009 inventory
year. This requirement does not apply to any State subject to Sec.
51.123 of this part solely because of its contribution to
PM2.5 nonattainment in another State.
    (5) States subject to the emission reporting requirements of Sec.
51.122 of this part (the NOX SIP Call) are required to
report every year the ozone season emissions of NOX and
summer day emissions of NOX from any point, nonpoint, onroad
mobile, or nonroad mobile source for which the State specified control
measures in its SIP submission under Sec.  51.121(g) of this part. This
requirement begins with the inventory year prior to the year in which
compliance with the NOX SIP Call requirements is first
required.
    (6) If sources report SO2 and NOX emissions
data to EPA in a given year pursuant to a trading program approved
under Sec.  51.123(o) or Sec.  51.124(o) of this part or pursuant to
the monitoring and reporting requirements of 40 CFR part 75, then the
State need not provide annual reporting of the pollutants to EPA for
such sources. If SO2 and NOX are the only
pollutants required to be reported for the source for the given
calendar year and emissions period (annual, ozone season, or summer
day), all data elements for the source may be omitted from the State's
emissions report for that period. We will make both the raw data
submitted by sources to the trading programs and summary data available
to any State that chooses this option.
    (7) In years which are reporting years under the 3-year cycle, the
reporting required by the 3-year cycle satisfies the requirements of
this paragraph.
    (b) Three-year cycle. See Tables 2a, 2b and 2c to subpart A of this
part for the specific data elements that must be reported triennially.
    (1) All States are required to report for every 3rd year the annual
(12-month) emissions of all pollutants listed in Sec.  51.15(a)(1) from
all point sources, nonpoint sources, onroad mobile sources, and nonroad
mobile sources. The first 3-year cycle inventory will be for the year
2008 and must be submitted to us within 12 months, i.e., by December
31, 2009. Subsequent 3-year cycle (2011 and following) inventories will
be due as required in paragraphs (b)(1)(i) and (ii) of this section:
    (i) Point Sources--due six months after the end of the reporting
year, i.e., the point source component for the 3-year cycle inventory
year 2011 must be reported to EPA by June 30, 2012.
    (ii) Nonpoint sources, onroad mobile sources, and nonroad mobile
sources--due twelve months after the end of the reporting year, i.e.,
the nonpoint sources, onroad mobile sources, and nonroad mobile sources
components for the 3-year cycle inventory year 2011 must be reported to
EPA by December 31, 2012.
    (2) States subject to Sec.  51.122 of this part must report ozone
season emissions and summer day emissions of NOX from all
point sources, nonpoint sources, onroad mobile sources, and nonroad
mobile sources. The first 3-year cycle inventory will be for the year
2008 and must be submitted to EPA within 12 months, i.e., by December
31, 2009. Subsequent 3-year cycle inventories will be due as specified
under paragraph (b)(1) of this section.
    (3) States subject to Sec. Sec.  51.123 and 51.125 of this part
must report ozone season emissions of NOX and summer day
emissions of VOC and NOX from all point sources, nonpoint
sources, onroad mobile sources, and nonroad mobile sources. The first
3-year cycle inventory will be for the year 2008 and must be submitted
to us within 12 months, i.e., by December 31, 2009. Subsequent 3-year
cycle inventories will be due as specified under paragraph (b)(1) of
this section. This requirement does not apply to any State subject to
Sec.  51.123 of this part solely because of its contribution to
PM2.5 nonattainment in another State.
    (4) Any State with an area for which EPA has made an 8-hour ozone
nonattainment designation finding (regardless of whether that finding
has reached its effective date) must report summer day emissions of VOC
and NOX from all point sources, nonpoint sources, onroad
mobile sources, and nonroad mobile sources. The first 3-year cycle
inventory will be for the year 2008 and must be submitted to EPA within
12 months, i.e., by December 31, 2009. Subsequent 3-year cycle
inventories will be due as specified under paragraph (b)(1) of this
section.

Sec.  51.35  How can my State equalize the emissions inventory effort
from year to year?

    (a) Compiling a 3-year cycle inventory means more effort every 3
years. As an option, your State may ease this workload spike by using
the following approach:
    (1) Each year, collect and report data for all Type A (large) point
sources (this is required for all Type A point sources).
    (2) Each year, collect data for one-third of your nonType A point
sources. Collect data for a different third of these sources each year
so that data has been collected for all of the nonType A point sources
by the end of each 3-year cycle. You must save 3 years of data and then
report all of the nonType A point sources on the 3-year cycle due date.
    (3) Each year, collect data for one-third of the nonpoint, nonroad
mobile, and onroad mobile sources. You must save 3 years of data and
then report all of these data on the 3-year cycle due date.
    (b) For the sources described in paragraph (a) of this section,
your State will therefore have data from 3 successive years at any
given time, rather than from the single year in which it is compiled.
    (c) If your State chooses the method of inventorying one-third of
your smaller point sources and 3-year cycle nonpoint, nonroad mobile,
onroad mobile sources each year, your State must compile each year of
the 3-year period identically. For example, if a process hasn't changed
for a source category or individual plant, your State must use the same
emission factors to calculate emissions for each year of the 3-year
period. If your State has revised emission factors during the 3 years
for a process that hasn't changed, resubmit previous years' data using
the revised factor. If your State uses models to estimate emissions,
you must make sure that the model is the same for all 3 years.
    (d) If your State needs a new reference year emission inventory for
a selected

pollutant, your State cannot use these optional reporting frequencies
for the new reference year.
    (e) If your State is a NOX SIP Call State, you cannot
use these optional reporting frequencies for NOX SIP Call
reporting.

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

    You must report your emission inventory data to us in electronic
form. We support specific electronic data reporting formats and you are
required to report your data in a format consistent with these. The
term format encompasses the definition of one or more specific data
fields for each of the data elements listed in Tables 2a, 2b, and 2c to
subpart A of this part; allowed code values for categorical data
fields; transmittal information; and data table relational structure.
Because electronic reporting technology continually changes, contact
the EPA Emission Inventory Group (EIG) for the latest specific formats.
You can find information on the current formats at the following
Internet address: http://www.epa.gov/ttn/chief/nif/index.html. You may

also call the air emissions contact in your EPA Regional Office or our
Info CHIEF help desk at<PHONE_NUMBER> or e-mail to<EMAIL_ADDRESS>

Sec.  51.45  Where should my State report the data?

    (a) Your State submits or reports data by providing it directly to
EPA.
    (b) The latest information on data reporting procedures is
available at the following Internet address: http://www.epa.gov/ttn/chief.
 You may also call our Info CHIEF help desk at<PHONE_NUMBER> or e-mail to<EMAIL_ADDRESS>

Sec.  51.50  What definitions apply to this subpart?

    Terms used in this subpart as defined in this section.
    Activity throughput means a measurable factor or parameter that
relates directly or indirectly to the emissions of an air pollution
source during the period for which emissions are reported. Depending on
the type of source category, activity information may refer to the
amount of fuel combusted, raw material processed, product manufactured,
or material handled or processed. It may also refer to population,
employment, or number of units. Activity information is typically the
value that is multiplied against an emission factor to generate an
emissions estimate.
    Annual emissions means actual emissions for a plant, point, or
process--measured or calculated that represent a calendar year.
    Ash content means inert residual portion of a fuel.
    Contact name means the complete name of the contact person,
including first name, middle name or initial, and surname. Lead contact
for the organization transmitting the data set.
    Contact phone number means the phone number for the contact name.
    Control device type means the name of the type of control device
(e.g., wet scrubber, flaring, or process change).
    Control status means an indication of whether reported emissions
are controlled or uncontrolled.
    Day/wk in operations means days per week that the emitting process
operates averaged over the inventory period.
    Design capacity means a measure of the size of a point source,
based on the reported maximum continuous throughput or output capacity
of the unit. For a boiler, design capacity is based on the reported
maximum continuous steam flow, usually in units of million BTU per
hour.
    Emission factor means the ratio relating emissions of a specific
pollutant to an activity or material throughput level.
    Emission release point type means the code for physical
configuration of the release point.
    Emission type means the code describing temporal designation of
emissions reported, i.e., Entire Period, Average Weekday, etc.
    Exit gas flow rate means the numeric value of stack gas's flow
rate.
    Exit gas temperature means the numeric value of an exit gas
stream's temperature.
    Exit gas velocity means the numeric value of an exit gas stream's
velocity.
    Facility ID codes means the unique codes for a plant or facility
treated as a point source, containing one or more pollutant-emitting
units. The EPA's reporting format for a given reporting year may
require several facility ID codes to ensure proper matching between
data bases, e.g., the State's own current and most recent facility ID
codes, the EPA-assigned facility ID codes, and the ORIS (Department of
Energy) ID code if applicable.
    Fall throughput (percent) means part of the throughput for the
three Fall months (September, October, November). This expresses part
of the annual activity information based on four seasons--typically
spring, summer, fall, and winter. It can be a percentage of the annual
activity (e.g., production in summer is 40 percent of the year's
production) or units of the activity (e.g., out of 600 units produced,
spring = 150 units, summer = 250 units, fall = 150 units, and winter =
50 units).
    FIPS Code. Federal Information Placement System (FIPS) is the
system of unique numeric codes the government developed to identify
States, counties and parishes for the entire United States, Puerto
Rico, and Guam.
    Heat content means the amount of thermal heat energy in a solid,
liquid, or gaseous fuel, averaged over the period for which emissions
are reported. Fuel heat content is typically expressed in units of Btu/
lb of fuel, Btu/gal of fuel, joules/kg of fuel, etc.
    Hr/day in operations means the hours per day that the emitting
process operates averaged over the inventory period.
    Inventory end date means the last day of the inventory period.
    Inventory start date means the first day of the inventory period.
    Inventory type means a code indicating whether the inventory
submission includes emissions of hazardous air pollutants.
    Inventory year means the calendar year for which you calculated
emissions estimates.
    Lead (Pb) means lead as defined in 40 CFR 50.12. Lead should be
reported as elemental lead and its compounds.
    Maximum nameplate capacity means a measure of the size of a
generator which is put on the unit's nameplate by the manufacturer. The
data element is reported in megawatts or kilowatts.
    Method accuracy description (MAD) codes means a set of six codes
used to define the accuracy of latitude/longitude data for point
sources. The six codes and their definitions are:
    (1) Coordinate Data Source Code: The code that represents the party
responsible for providing the latitude/longitude.
    (2) Horizontal Collection Method Code: Method used to determine the
latitude/longitude coordinates for a point on the earth.
    (3) Horizontal Accuracy Measure: The measure of accuracy (in
meters) of the latitude/longitude coordinates.
    (4) Horizontal Reference Datum Code: Code that represents the
reference datum used to determine the latitude/longitude coordinates.
    (5) Reference Point Code: The code that represents the place for
which geographic coordinates were established. Code value should be 106
(e.g., point where substance is released).
    (6) Source Map Scale Number: The number that represents the
proportional distance on the ground for one unit of measure on the map
or photo.
    Mobile source means a motor vehicle, nonroad engine or nonroad
vehicle. A

motor vehicle is any self-propelled vehicle used to carry people or
property on a street or highway. A nonroad engine is an internal
combustion engine (including fuel system) that is not used in a motor
vehicle or vehicle only used for competition, or that is not affected
by sections 111 or 202 of the CAA. A nonroad vehicle is a vehicle that
is run by a nonroad engine and that is not a motor vehicle or a vehicle
only used for competition.
    Nitrogen oxides (NOX) means nitrogen oxides
(NOX) as defined in 40 CFR 60.2 as all oxides of nitrogen
except N2O. Nitrogen oxides should be reported on an
equivalent molecular weight basis as nitrogen dioxide (NO2).
    Nonpoint sources. Nonpoint sources collectively represent
individual sources that have not been inventoried as specific point or
mobile sources. These individual sources treated collectively as
nonpoint sources are typically too small, numerous, or difficult to
inventory using the methods for the other classes of sources.
    Ozone Season means the period May 1 through September 30 of a year.
    Particulate Matter (PM). Particulate matter is a criteria air
pollutant. For the purpose of this subpart, the following definitions
apply:
    (1) Filterable PM2.5 or Filterable PM10:
Particles that are directly emitted by a source as a solid or liquid at
stack or release conditions and captured on the filter of a stack test
train. Filterable PM2.5 is particulate matter with an
aerodynamic diameter equal to or less than 2.5 micrometers. Filterable
PM10 is particulate matter with an aerodynamic diameter
equal to or less than 10 micrometers.
    (2) Condensible PM: Material that is vapor phase at stack
conditions, but which condenses and/or reacts upon cooling and dilution
in the ambient air to form solid or liquid PM immediately after
discharge from the stack. Note that all condensible PM, if present from
a source, is typically in the PM2.5 size fraction, and
therefore all of it is a component of both primary PM2.5 and
primary PM10.
    (3) Primary PM2.5: The sum of filterable
PM2.5 and condensible PM.
    (4) Primary PM10: The sum of filterable PM10
and condensible PM.
    (5) Secondary PM: Particles that form or grow in mass through
chemical reactions in the ambient air well after dilution and
condensation have occurred. Secondary PM is usually formed at some
distance downwind from the source. Secondary PM should NOT be reported
in the emission inventory and is NOT covered by this subpart.
    Process classification code (PCC) means a process-level code that
describes the equipment or operation which is emitting pollutants. This
code is being considered as a replacement for the SCC.
    Physical address means the street address of a facility. This is
the address of the location where the emissions occur; not, for
example, the corporate headquarters.
    Point source. For reporting for the years 2008 and following, point
sources are large, stationary (non-mobile), identifiable sources of
emissions that release pollutants into the atmosphere. As used in this
subpart, a point source is a facility that is a major source under
section 302 or part D of title I of the CAA. Emissions of hazardous air
pollutants are not considered in determining whether a source is a
point source under this subpart. For reporting for the years before
2008, point sources are large, stationary (non-mobile), identifiable
sources of emissions that release pollutants into the atmosphere. As
used in this subpart, a point source is a facility that annually emits
more than a ``threshold'' value. The minimum point source reporting
thresholds by pollutant (in tons per year of actual emissions) are:

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

    Pollutant code means a unique code for each reported pollutant
assigned by the reporting format specified by EPA for each reporting
year.
    Primary capture and control efficiencies (percent) means two values
indicating the emissions capture efficiency and the emission reduction
efficiency of a primary control device. Capture and control
efficiencies are usually expressed as a percentage or in tenths.
    Process ID code means a unique code for the process generating the
emissions, typically a description of a process.
    Roadway class means a classification system developed by the
Federal Highway Administration that defines all public roadways as to
type based on land use and physical characteristics of the roadway.
    Rule effectiveness (RE) means how well a regulatory program
achieves all possible emissions reductions. This rating reflects the
assumption that controls typically are not 100 percent effective
because of equipment downtime, upsets, decreases in control
efficiencies, and other deficiencies in emission estimates. Rule
effectiveness adjusts the control efficiency.
    Rule penetration means the percentage of a nonpoint source category
covered by an applicable regulation.

    SCC means source classification code, a process-level code that
describes the equipment and/or operation which is emitting pollutants.
    SIC/NAICS means Standard Industrial Classification code/North
American Industry Classification System code. The NAICS codes are U.S.
Department of Commerce's codes for businesses by products or services
and have replaced SIC codes. The NAICS codes must be used exclusively
beginning with the 2006 emission inventory year.
    Site name means the name of the facility.
    Spring throughput (percent) means part of throughput or activity
for the three Spring months (March, April, May). See the definition of
Fall Throughput.
    Stack diameter means a stack's inner physical diameter.
    Stack height means a stack's physical height above the surrounding
terrain.
    Stack ID code means a unique code for the point where emissions
from one or more processes release into the atmosphere.
    Start time (hour) means Start time (if available) that was
applicable and used for calculations of emissions estimates.
    Sulfur content means the sulfur content of a fuel, usually
expressed as percent by weight.
    Summer day emissions means an average day's emissions for a typical
summer day with conditions critical to ozone attainment planning. The
State will select the particular month(s) in summer and the day(s) in
the week to be represented. The selection of conditions should be
coordinated with the conditions assumed in the development of
reasonable further progress plans, rate of progress plans and
demonstrations, and/or emissions budgets for transportation conformity,
to allow comparability of daily emission estimates.
    Summer throughput (percent) means part of throughput or activity
for the three Summer months (June, July, August). See the definition of
Fall Throughput.
    Total capture and control efficiency (percent) means the net
emission reduction efficiency of all emissions collection devices.
    Type A source means large point sources with actual annual
emissions greater than or equal to any of the emission thresholds
listed in Table 1 to subpart A of this part for Type A sources. If a
source is a Type A source for any pollutant listed in Table 1, then the
emissions for all Table 1 pollutants must be reported for that source.
    Unit ID code means a unique code for the unit of generation of
emissions, typically a physical piece or closely related set of
equipment. The EPA's reporting format for a given reporting year may
require multiple unit ID codes to ensure proper matching between data
bases, e.g., the State's own current and most recent unit ID codes, the
EPA-assigned unit ID codes if any, and the ORIS (Department of Energy)
ID code if applicable.
    VMT by SCC means vehicle miles traveled disaggregated to the SCC
level, i.e., reflecting combinations of vehicle type and roadway class.
Vehicle miles traveled expresses vehicle activity and is used with
emission factors. The emission factors are usually expressed in terms
of grams per mile of travel. Because VMT does not correlate directly to
emissions that occur while the vehicle isn't moving, these nonmoving
emissions are incorporated into the emission factors in EPA's MOBILE
Model.
    VOC means volatile organic compounds. The EPA's regulatory
definition of VOC is in 40 CFR 51.100.
    Winter throughput (percent) means part of throughput or activity
for the three Winter months (December, January, February, all from the
same year, e.g., Winter 2005 = January 2005 + February, 2005 + December
2005). See the definition of Fall throughput.
    Wk/yr in operation means weeks per year that the emitting process
operates.
    X stack coordinate (longitude) means an object's east-west
geographical coordinate.
    Y stack coordinate (latitude) means an object's north-south
geographical coordinate.

Tables to Subpart A of Part 51

 Table 1 to Subpart A of Part 51.--Emission Thresholds by Pollutant (tpy
    \1\) for Treatment of Point Sources as Type A Under 40 CFR 51.30
------------------------------------------------------------------------
                                         Emissions threshold for type A
               Pollutant                            treatment
------------------------------------------------------------------------
1. SO2................................   >=2500.
2. VOC................................   >=250.
3. NOX................................   >=2500.
4. CO.................................   >=2500.
5. Pb.................................   Does not determine Type A
                                         status.
6. PM10...............................   >=250.
7. PM2.5..............................   >=250.
8. NH3 \2\............................   >=250.
------------------------------------------------------------------------
\1\ tpy = Tons per year of actual emissions.
\2\ Ammonia threshold applies only in areas where ammonia emissions are
  a factor in determining whether a source is a major source, i.e.,
  where ammonia is considered a significant precursor of PM2.5.

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

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

    Table 2b to Subpart A of Part 51.--Data Elements for Reporting on
    Emissions from Nonpoint Sources and Nonroad Mobile Sources, Where
                        Required by 40 CFR 51.30
------------------------------------------------------------------------
                                               Every-year    Three-year
                Data elements                   reporting     reporting
------------------------------------------------------------------------
1. Inventory year...........................     [bcheck]      [bcheck]
2. Inventory start date.....................     [bcheck]      [bcheck]
3. Inventory end date.......................     [bcheck]      [bcheck]
4. Inventory type...........................     [bcheck]      [bcheck]
5. Contact name.............................     [bcheck]      [bcheck]
6. Contact phone number.....................     [bcheck]      [bcheck]
7. FIPS code................................     [bcheck]      [bcheck]
8. SCC or PCC...............................     [bcheck]      [bcheck]
9. Emission factor..........................     [bcheck]      [bcheck]
10. Activity/throughput level (for each          [bcheck]      [bcheck]
 period reported)...........................
11. Total capture/control efficiency             [bcheck]      [bcheck]
 (percent)..................................
12. Rule effectiveness (percent)............     [bcheck]      [bcheck]
13. Rule penetration (percent)..............     [bcheck]      [bcheck]
14. Pollutant code..........................     [bcheck]      [bcheck]
15. Ozone season emissions (if applicable)..     [bcheck]      [bcheck]
16. Summer day emissions (if applicable)....     [bcheck]      [bcheck]
17. Annual emissions........................     [bcheck]      [bcheck]
18. Winter throughput (percent).............     [bcheck]      [bcheck]
19. Spring throughput (percent).............     [bcheck]      [bcheck]
20. Summer throughput (percent).............     [bcheck]      [bcheck]
21. Fall throughput (percent)...............     [bcheck]      [bcheck]
22. Hrs/day in operation....................     [bcheck]      [bcheck]
23. Days/wk in operation....................     [bcheck]      [bcheck]
24. Wks/yr in operation.....................     [bcheck]      [bcheck]
------------------------------------------------------------------------

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

Subpart G--[Amended]

    3. Section 51.122 is revised to read as follows:

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

    (a) For its transport SIP revision under Sec.  51.121, each State
must submit to EPA NOX emissions data as described in this
section.
    (b) Each revision must provide for periodic reporting by the State
of NOX emissions data to demonstrate whether the State's
emissions are consistent with the projections contained in its approved
SIP submission.
    (1) For the every-year reporting cycle, each revision must provide
for reporting of NOX emissions data every year as follows:
    (i) The State must report to EPA emissions data from all
NOX sources within the State for which the State specified
control measures in its SIP submission under Sec.  51.121(g). This
would include all sources for which the State has adopted measures that
differ from the measures incorporated into the baseline inventory for
the year 2007 that the State developed in accordance with Sec.
51.121(g).
    (ii) If sources report NOX emissions data to EPA for a
given year pursuant to a trading program approved under Sec.  51.121(p)
or pursuant to the monitoring and reporting requirements of 40 CFR part
75, then the State need not provide an every-year cycle report to EPA
for such sources.
    (2) For the three-year cycle reporting, each plan must provide for
triennial (i.e., every 3rd year) reporting of NOX emissions
data from all sources within the State.
    (3) The data availability requirements in Sec.  51.116 of this part
must be followed for all data submitted to meet the requirements of
paragraphs (b)(1) and (2) of this section.
    (c) The data reported in paragraph (b) of this section must meet
the requirements of subpart A of this part.
    (d) Approval of ozone season calculation by EPA. Each State must
submit for EPA approval an example of the calculation procedure used to
calculate ozone season emissions along with sufficient information to
verify the calculated value of ozone season emissions.
    (e) Reporting schedules. (1) Data collection is to begin during the
ozone season 1 year prior to the State's NOX SIP Call
compliance date.
    (2) Reports are to be submitted according to paragraph (b) of this
section and the schedule in Table 1 of this paragraph (e)(2). After
2011, triennial reports are to be submitted every 3rd year and annual
reports are to be submitted each year that a triennial report is not
required.

    Table 1 to Sec.   51.122(e)(2).--Schedule for Submitting Reports
------------------------------------------------------------------------
           Data collection year               Type of report  required
------------------------------------------------------------------------
2005......................................  Triennial.
2006......................................  Annual.
2007......................................  Annual.
2008......................................  Triennial.
2009......................................  Annual.
2010......................................  Annual.
2011......................................  Triennial.
------------------------------------------------------------------------

    (3) States must submit data for a required year no later than 12
months after the end of the calendar year for which the data are
collected. The first inventory (for the year 2008) must be submitted to
EPA within 12 months, i.e., by December 31, 2009. The same 12-month
reporting sequence will apply for the inventories for the years 2009
and 2010, i.e., these inventories must be reported to EPA by December
31, 2010 and December 31, 2011 respectively. Beginning with the year
2011, and for all subsequent inventories, the inventories will be due 6
months following the end of the reporting year, i.e., the 2011
inventory must be reported to EPA by June 30, 2012.
    (f) Data reporting procedures are given in subpart A. When
submitting a formal NOX Budget Emissions Report and
associated data, States shall notify the appropriate EPA Regional
Office.
    (g) As used in this section, words and terms shall have the
meanings set forth in Sec.  51.50 of this part.

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

BILLING CODE 6560-50-P