Docket Number EPA–HQ–OAR–2009–0491

Response to Comments on the Proposed Transport Rule: 

Federal Implementation Plans To Reduce Interstate Transport 

of Fine Particulate Matter and Ozone

(75 FR 45210; August 2, 2010)

Transport Rule

Emissions Inventories

Response to Comments

U.S. Environmental Protection Agency

Office of Air and Radiation

July 2011
2

INTRODUCTION

This document responds to comments on the proposed Transport Rule and supplements the Transport 

Rule Primary Response to Comments (available in the docket). This document provides responses to 

significant public comments on emission inventories received in response to the United States 

Environmental Protection Agency’s Notice of Proposed Rulemaking (NPR): Federal Implementation 

Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Interstate Air Quality 

Rule), issued August 2, 2010. In addition, comments on the October 27, 2010 Notice of Data 

Availability (NODA) pertaining to Revisions to Emission Inventories in support of the rule are 

addressed. 

This document discusses emission inventories to model 2005 for the final Transport Rule along with

inventories for sources other than electric generating units (EGUs) used to model 2012 and 2014. 

Summaries of responses to major comments that were repeated by multiple commenters are provided 

in this introduction, while specific comments are addressed in the main body of the document. EPA 

considered all comments received and made changes where appropriate. Where the submitted 

comments provided information that allowed EPA to identify and locate credible alternative data 

sources, EPA was able to incorporate updates from those alternative data sources into the emissions 

inventories or modeling process For more information on the details of the emissions modeling that 

was performed, see the Emission Inventory Final Rule Technical Support Document (TSD) for the 

Transport Rule. 

Comment: Commenters stated that EPA should use the latest available emission inventory data for 

its modeling. Organizations that commented on the use of the latest available emission inventories 

included: Mid-America Regional Council (MARC) Air Quality Forum [EPA-HQ-OAR-2009-0491-

2613], Ameren Services Company [EPA-HQ-OAR-2009-0491-2722], Indian Builders Association 

[EPA-HQ-OAR-2009-0491-2871] and Michigan Manufacturers Association [EPA-HQ-OAR-2009-

0491-2762].

Response: EPA concurs that the latest available inventory data should be used in its modeling. EPA 

used an enhanced version of the latest available National Emission Inventory (NEI) and related 

datasets at proposal, which were for the year 2005. The next version of the NEI (for 2008) had not 

yet been compiled, quality assured, nor released at the time that the modeling was performed. In 

response to specific inventory comments, EPA further augmented its 2005 and 2012/2014 projection 

inventory data for the final Transport Rule.

Comment: Commenters stated that some point sources that were classified as non-EGUs in the 

proposal modeling were actually EGUs, resulting in double counting of emissions in future-year 

modeling. The organizations that commented on EGU and non-EGU double-counted emissions

included: Cleco Corporation [EPA-HQ-OAR-2009-0491-2859.1 p.6-7], Louisville Gas and Electric 

Company (LG&E) and KY Utilities Company (KU) [EPA-HQ-OAR-2009-0491-3859], First Energy

[EPA-HQ-OAR-2009-0491-3855], PPL [EPA-HQ-OAR-2009-0491-3852], Environmental 

Committee of the Ohio Utility Group (OUG) [EPA-HQ-OAR-2009-0491-3851], First Energy [EPAHQ-OAR-2009-0491-3844], Southern Company [EPA-HQ-OAR-2009-0491-3843], and AEP [EPAHQ-OAR-2009-0491-3840].

Response: EPA concurs that emissions from EGUs should be classified as such in the modeling 

inventories. EPA reviewed the assignment of EGUs and non-EGUs and reclassified EGU sources 

found to be in the non-EGU inventory into the 2005 EGU inventory to prevent double counting of 

future-year emissions.
3

Comment: Commenters stated that EPA did not properly represent some point source emissions in 

base-year and future-year inventories due to facility and unit closures, consent decrees, emission 

caps, control programs, and alternative emission estimates. The organizations that commented on the 

absence of consent decrees and control programs in the future inventories and on closures in the base 

and future year inventories included: Alabama DEM [EPA-HQ-OAR-2009-0491-2616], Arkansas 

DEQ [EPA-HQ-OAR-2009-0491-2676], Delaware Department of Natural Resources & 

Environmental Control [EPA-HQ-OAR-2009-0491-2980], Lafayette Utilities System [EPA-HQOAR-2009-0491-2983], ExxonMobil [EPA-HQ-OAR-2009-0491-2841], Indiana DEP [EPA-HQOAR-2009-0491-2645], Indiana Power and Light [EPA-HQ-OAR-2009-0491-2856], Louisiana 

Chemical Association [EPA-HQ-OAR-2009-0491-3865] and [EPA-HQ-OAR-2009-0491-3527], 

Louisiana DEQ [EPA-HQ-OAR-2009-0491-2655], Maine DEP [EPA-HQ-OAR-2009-0491-3849], 

Michigan Manufacturers Association [EPA-HQ-OAR-2009-0491-2762], New Hampshire DES

[EPA-HQ-OAR-2009-0491-3854], New York State DEC [EPA-HQ-OAR-2009-0491-2730], PPG 

Industries [EPA-HQ-OAR-2009-0491-2763], RRI Energy, Inc. [EPA-HQ-OAR-2009-0491-3833], 

Southern Company [EPA-HQ-OAR-2009-0491-3843], Utility Air Regulatory Group [EPA-HQOAR-2009-0491-3773], West Virginia DEP [EPA-HQ-OAR-2009-0491-3848], and Wisconsin 

Power and Light Company [EPA-HQ-OAR-2009-0491-2844].

Response: EPA concurs that known relevant consent decrees, facility and unit closures, emission 

caps, and control programs should be incorporated into the modeling inventories. EPA reviewed the 

sources referenced in the individual comments and we did a comprehensive review of consent 

decrees issued between 2003 and 2010 regarding their impact on the base-year and future-year 

inventories. In cases where credible and quantifiable alternative data were available, EPA revised the 

emission inventories to incorporate additional facility and unit closures, consent decrees, emission 

caps, control programs, enforceable local controls, and alternative emission estimates.

Comment: Commenters stated that EPA should include controls from the National Emission 

Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE 

NESHAP) in our modeling. Organizations that commented on the inclusion of the RICE NESHAP 

included, but were not limited to: Midwest Ozone Group [EPA-HQ-OAR-2009-0491-2809], Texas 

Commission on Environmental Quality [EPA-HQ-OAR-2009-0491-3866] and Wisconsin 

Department of Natural Resources [EPA-HQ-OAR-2009-0491- 3841].

Response: EPA concurs that controls from the RICE NESHAP should be included in the modeling 

inventories. EPA included reductions expected to be achieved by the RICE NESHAP across the 

United States in our final modeling of stationary non-EGU and nonpoint sources. 

Comment: In response to EPA’s request for comment on whether or not to incorporate emission 

reduction estimates sulfur dioxide (SO2) and PM2.5 from the National Emissions Standards for 

Hazardous Air Pollutants (NESHAP) for Major Sources: Industrial, Commercial, and Institutional 

Boilers and Process Heaters (75 FR 32006), also known as the “Major Source Boiler Rule” and the 

“Boiler MACT”. A majority of commenters stated that emission reduction estimates should not be 

included until the rule was finalized. . Organizations that commented on whether to incorporate the 

Major Source Boiler Rule included the Indiana Department of Environmental Management [EPAHQ-OAR-2009-0491- 3842], Institute for Clean Air Companies [EPA-HQ-OAR-2009-0491-3856],

Massachusetts DEP [EPA-HQ-OAR-2009-0491-3861], New York State DEC [EPA-HQ-OAR-2009-

0491-3857], and Wisconsin DNR [EPA-HQ-OAR-2009-0491- 3841].
4

Response: EPA concurs that emission reduction estimates from the NESHAP for Institutional Boilers 

and Process Heaters should not be included because the rule was not final at the time the modeling 

was performed. Thus, EPA did not incorporate emission reduction estimates from the NESHAP for 

Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (75 FR 32006) 

into the proposal or final modeling. Reductions from this rule would not have impacted the 2012 base 

case or downwind contribution modeling due to its implementation schedule, and only the 2014 

emissions would have been affected.

Comment: Commenters stated that EPA should use a publicly released version of MOVES for its 

final modeling, as opposed to the draft version used for the proposal modeling. The organizations that 

commented about using a draft version of MOVES for the modeling included: Louisiana Chemical 

Association [EPA-HQ-OAR-2009-0491-3527], Maryland Department of Environment [EPA-HQOAR-2009-0491-2788] and [EPA-HQ-OAR-2009-0491-2639], Ozone Transport Commission [EPAHQ-OAR-2009-0491-2737], New York DEC [EPA-HQ-OAR-2009-0491-2730], and Arkansas DEQ 

[EPA-HQ-OAR-2009-0491-2676].

Response: EPA concurs that a publicly released version of MOVES should be used for the final 

modeling. Thus, EPA updated the final modeling to use data from the publicly released version of the 

MOVES 2010 model (released in December 2009) because the model became available in time for 

inclusion of its results in the final modeling. In the final Transport Rule modeling, EPA used 

MOVES 2010 state-month level emissions for all criteria pollutants and all modes (evaporative, 

exhaust, brake wear and tire wear) and allocated those emissions to counties according to statecounty NMIM emissions ratios. For California (the emissions for which are included to support the 

coarse modeling domain), the onroad mobile emissions data were derived from data provided by the 

state. These data were augmented with MOVES 2010 outputs for NH3 because data for that pollutant 

had not been provided. 

Comment: Commenters stated that emissions from commercial marine sources (a component of the 

nonroad emissions in the summaries that were provided for the NPR) were too high compared to past 

inventories and other sources of data. The organizations that commented about high nonroad 

emissions estimates, such as those for commercial marine vessels, included: Louisiana Chemical 

Association [EPA-HQ-OAR-2009-0491-3527], Lafayette Utilities System [EPA-HQ-OAR-2009-

0491-2983], Cleco Corporation [EPA-HQ-OAR-2009-0491-2859], ExxonMobil [EPA-HQ-OAR2009-0491-2841], North Carolina Department of Environment and Natural Resources [EPA-HQOAR-2009-0491-2767], PPG Industries [EPA-HQ-OAR-2009-0491-2763], Northern Indiana Public 

Service Company [EPA-HQ-OAR-2009-0491-2747], Duke Energy [EPA-HQ-OAR-2009-0491-

2689], and Louisiana Department of Environmental Quality [EPA-HQ-OAR-2009-0491-2655].

Response: EPA concurs that the emissions from commercial marine sources allocated to the states 

were too high in the modeling for the proposed rule. EPA reviewed the approach used for 

commercial marine category 3 (C3) emissions in the proposal. In the final modeling, instead of using 

the boundary of 200 nautical miles from the coast as was used in the proposal, EPA adopted the 

Mineral Management Service state-federal water boundaries that assign state waters 3-10 nautical 

miles from the coast. This approach is consistent with the approach used in the 2005 and 2008 

National Emission Inventories (NEI). In addition, the C3 commercial marine emissions were 

adjusted to reflect the Emissions Control Area proposal to the International Maritime Organization 

(EPA-420-F-10-041, August 2010) control strategy; reductions of NOX, VOC, and CO emissions for 

new C3 engines starting in 2011; and fuel sulfur limits that go into effect as early as 2010 and 

decrease SO2 emissions. 
5

Comment: Commenters stated that EPA should include state fuel sulfur limits that take effect prior to 

the future years that were modeled. The organizations that commented about the state sulfur rule 

estimates included: Connecticut Department of Environmental Protection [EPA-HQ-OAR-2009-

0491-3839], Maine Department of Environmental Protection (Maine DEP) [EPA-HQ-OAR-2009-

0491-3849], and Duke Energy [EPA-HQ-OAR-2009-0491-2689].

Response: EPA concurs that the fuel sulfur limits should be included in the modeling for states that 

had them “on-the-books” at the time the modeling was performed. EPA included quantifiable sulfur 

rule controls for those states that had implemented the rules by 2014 (New Jersey and Maine). In 

other states where the rules had been defined but had not been implemented, the sulfur reductions 

were not included.

RESPONSES TO SPECIFIC COMMENTS

Organization: Alcoa Power Generating Inc. - Warrick Power Plant

Organization Type: Utility

Table IV.C-I represents 2005 base year data, but the TSD indicates that base year emissions are 

based on varying year data from 2007 - 2009, depending on whether or not ozone season emissions 

are considered. If EPA is going to use base year emissions other than 2005, it should amend Table 

IV.C-1 to clearly state the base year conditions. [EPA-HQ-OAR-2009-0491-3648, p.2]

Response: EPA disagrees with this comment. It appears that the commenter mistook a statement in 

the State Budgets TSD that addresses years 2007-2009 to instead be about the base year (2005) 

inventory. The base year EPA used for modeling is 2005, and correspondingly data for that year was 

shown in Table IV.C-1.

Organization: Ameren Services Company

Organization Type: Utility

A. Utilization of a more recent base year than 2005 is more appropriate

EPA has used inventory and meteorological data that is not representative of current conditions. 

Inventories and meteorology are available for 2008. Currently the Lake Michigan Air Directors 

Consortium (LADCO) is performing modeling with both 2007 and 2008 emissions and 

meteorological data. In addition the Midwest Ozone Group has performed modeling (see comments 

submitted by the Midwest Ozone Group, October I, 20 I0) that shows a totally different picture than 

that portrayed by EPA's modeling. EPA's reliance on noncurrent data produces results that are not 

reflective of today’s environment and should not be relied upon as the basis of such a far-reaching 

rule. EPA should redo its analysis with more recent and relevant data. [EPA-HQ-OAR-2009-0491-

2722.1, p.11]

Ameren fully supports and endorses the comments submitted by the Utility Air Regulatory Group 

(UARG). Additionally, Ameren offers the following comment.

The point source emission files: 

“ptinv_ptnonipm_2012cr_xportfrac_cap2005v2_20nov2008_revised_08oct2010_v0_orl.txt” and 

“ptinv_ptnonipm_2014cr_xportfrac_cap2005v2_20nov2008_revised_08oct2010_v0_orl.txt” contain 

the AmerenCIPs Quincy Peaking Plant located in Illinois (Facility ID: 001825ABD) that was shut 
6

down in early 2008 (see attached letter from the Illinois EPA). This facility should be removed from 

the above emission files and other emission files that contain this facility for inventories after 2007. .

[EPA-HQ-OAR-2009-0491-3850.1, p. 2]

Response: EPA disagrees with the comment that a more recent base year than 2005 should have been 

used. Base year emissions inventories and modeling platforms for years later than 2005 were not 

available for the whole Eastern US at the time that modeling for this rule was performed. There will 

always be a lag between the current year and the most recent emissions modeling platform that is 

available. The first draft of the 2008 NEI was not released until January 2011, and many corrections 

and updates to this version are in progress during 2011. Therefore, was not possible to use a 2007- or 

2008-based modeling platform for the modeling for the final rule.

EPA concurs with the comment that the specified facility should not have been included in the future 

year inventories. EPA has removed the facility from the 2012 and 2014 non-EGU inventories.

Organization: Alabama Department of Environmental Management

Organization Type: State/Local Air Agency

For the major metropolitan area in the state, Birmingham, an incorrect inventory was used in the 

modeling. In 2009, ADEM submitted a SIP to EPA to address annual fine particle nonattainment. The 

emissions reductions required by that SIP are not reflected in the modeling for the transport rule. While 

this does not affect the EGUs per se, the inventory does contribute to the future year design values 

against which significance would be calculated. [EPA-HQ-OAR-2009-0491-2616, p.2]

Response: EPA concurs that updates to the Alabama non-EGU inventory were needed. EPA 

incorporated data provided as follow-up to this comment by the Alabama DEM. These updates 

included facility closures before and after 2005, as well as updated unit-level emissions for NOX, SO2

and PM in 2005. EPA incorporated this information in the final modeling.

Organization: Arkansas Department of Environmental Quality

Organization Type: State/Local Air Agency

ADEQ is concerned about EPA's use of a draft version of the Motor Vehicle Emission Simulator 

('MOVES') to estimate emissions from gasoline-powered on-road mobile sources. For the Arkansas 

2005 base case emissions inventory, on-road sector NOx emissions calculated by draft MOVES are 

over 10,000 tons greater than the previous value calculated by the National Mobile Inventory Model 

('NMIM') for the 2005 National Emissions Inventory. This discrepancy may have affected EPA's 

analysis in determining Arkansas's contribution to other states' air quality as well as Arkansas's 

emissions budget. Emissions based on a draft model version are suspect and therefore any conclusions 

made from this data are likewise suspect. At the time the proposed Transport Rule was published, the 

draft model version did not incorporate the comments and suggested revisions made during the public 

comment period for MOVES. The use of any draft protocol (i.e. draft MOVES) represents ambiguity 

that can affect policy and exclude public input on final rules. All modeling software used in the 

proposed rule should have been conducted with a modeling system that has been finalized and vetted 

through the public participation process. [EPA-HQ-OAR-2009-0491-2676.2, p. 2]

ADEQ has found several errors in EPA's NOx emissions from stationary sources for the future years 

base case emissions inventories. Since 2005, one Arkansas facility has shut down and two other 
7

facilities have had substantial reductions in NOx emission limits, reducing the stationary source NOx 

emissions by approximately 2,600 tons for future years base case emissions inventory. This difference 

further illustrates the possible inadequacy of the emissions inventory used for ozone transport 

modeling for the Transport Rule. ADEQ suggests that EPA review the emissions inventory and contact 

ADEQ for additional information on Arkansas's NOx emissions. The attached Microsoft Excel file 

EPA-HQ-OAR-2009-0491-0128 includes comments on individual NOx emission sources. This 

information reflects source specific shutdowns and changes in operation that have resulted in NOx 

emissions decreases. [EPA-HQ-OAR-2009-0491-2676.2, p. 2]

Responses: 

MOVES: EPA concurs with the portion of the comment related to the use of a released version of 

MOVES. MOVES 2010 is used for future year modeling.

Additional controls: EPA does not concur with the portion of this comment that discusses SIP-related 

and BART controls. The BART controls referenced in the comment are not applicable to this effort. 

Specifically, no state SIP or BART controls impacting the nonEGU inventory were “on-the-books” 

and were thus not appropriate for EPA to incorporate in emissions and modeling for the final rule. In 

the final rule modeling EPA included additional data provided by AR DEQ, which reflected closures 

for several units and a facility and updated future-year emissions at two cement kilns.

Organization: Cleco Corporation

Organization Type: Utility

EPA must review and correct significant oversights in its emission inventories, which substantially

overestimate anthropogenic emissions attributable to Louisiana. These emission issues are fully 

addressed in comments submitted by the Louisiana Chemical Association (“LCA”), and Cleco 

supports and incorporates those comments by reference here. In short, based on LCA’s analysis, the 

most significant overestimates appear to result from EPA’s use of new, non-peer reviewed methods for 

projecting marine vessel emissions. Among other things, those methods attribute to Louisiana 

emissions from sources up to 200 nautical miles out into the Gulf of Mexico, despite the fact that the 

State’s jurisdiction extends only three miles from shore. Louisiana has a significant coastline, and the 

waters of the Gulf off of its coast have extraordinary amounts of marine traffic and oil and gas 

activities. Thus, such an error would dramatically overestimate emissions in Louisiana. The State 

cannot control these sources’ emissions outside of its jurisdiction. EPA must correct this error. As 

described in LCA’s comments, EPA also appears to overestimate point source, motor vehicle and other 

nonroad emissions and fails to take into account numerous consent decrees. EPA must revise its 

emission inventories, reevaluate Louisiana’s impacts on downwind air quality, and adjust its findings 

accordingly. [EPA-HQ-OAR-2009-0491-2859.1 p.6-7]

Response: EPA concurs with the portions of the comment suggesting that the C3 marine emissions are 

overestimated and that additional consent decrees need to be included. In the final rule, EPA included 

the final Emissions Control Area proposal to the International Maritime Organization new Class 3 

engine standards and fuel sulfur limits (EPA-420-F-10-421, August, 2010) for Commercial Marine 

Vessels. In addition, instead of using the 200 nautical mile boundary for C3 emissions attributable to 

states used in the Proposal, EPA used the Mineral Management Service state-federal water boundaries 

that restrict state waters to approximately 3-10 miles from the coast. These two changes drastically 

reduce the amount of nonroad emissions attributable to coastal states. In addition, as described in the 
8

previous responses to the state of Louisiana, EPA has added numerous consent decrees and other 

emissions reductions that further decrease nonEGU point source emissions for the state. EPA also

reclassified several facilities from the non-EGU point sector into the EGU sector and therefore 

prevented the double-counting of EGU emissions for 2012 and 2014. EPA included 2005 certified 

inventory PM estimates for several facilities based on analysis of 2005 and 2008 NEI PM-filterable 

and PM-condensable emissions.

EPA does not concur with the comment that EPA has overestimated motor vehicle onroad and other 

nonroad emissions in Louisiana. This comment does not provide specific details about the asserted 

overestimates. EPA notes that the MOVES model does have higher NOX estimates than did the 

MOBILE6 approach used by Louisiana and others in past inventories. However, this is not an 

overestimate but an improved estimate based on the latest and best available onroad mobile source 

research and methods.

Organization: Connecticut Department of Environmental Protection (CTDEP)

Organization Type: State/Local Air Agency

EPA requests comment on their inclusion of revised 2012 and 2014 non-EGU point and nonpoint 

projected emissions to reflect controls required by the New York SIP. CTDEP notes that similar 

controls are required by Connecticut’s SIP, yet they have not been included in the 2nd NODA. CTDEP 

recommends that control levels required by Connecticut’s consumer products, architectural and 

industrial maintenance coatings, portable fuel containers, mobile equipment repair and refinishing, 

solvent metal cleaning, adhesives and sealants, and asphalt paving rules (see Attachment A) be 

included in the 2012 and 2014 non-EGU point and nonpoint projected emissions in the 2nd NODA. 

[EPA-HQ-OAR-2009-0491-3839.1, p.2]

In the attached spreadsheet CTDEP included heating oil sulfur limits for both distillate and residual oil.

Response: EPA concurs with this comment and appreciates the detailed information made available to 

EPA to allow updated data to be included in the modeling. EPA incorporated enforceable controls 

data provided by CTDEP. These updates included controls on VOC emissions from architectural and 

industrial maintenance coatings, consumer products, mobile equipment repair and refinishing, solvent 

metal cleaning, adhesives and sealants, and asphalt paving rules in the future years. EPA incorporated 

this information in the emissions used for the final modeling.

EPA did not include CTDEP provided controls on portable fuel containers (PFCs), and sulfur fuel 

limits because they were either not enforceable by the year 2014, or in the case of PFCs, were already

controlled by the Mobile Source Air Toxics Rule (MSAT2), which EPA has included in its future-year 

emissions projections. In a consistent manner, EPA did not include sulfur fuel controls in the 2012 or 

2014 projections for any state that had enforceable limits in place by July 1, 2014.

Organization: State of Delaware Department of Natural Resources & Environmental Control

Organization Type: State/Local Air Agency

Delaware's sulfur dioxide (SO2) and nitrogen oxides (NOX) emissions are significantly overstated in 

the proposed transport rule analysis. Delaware compared its 2005 Periodic Emissions Inventory (PEI) 

with EPA's 2005 emissions used in the proposed transport rule. Delaware then projected its 2005 PEI
9

emissions to 2012, and compared them to the proposed transport rules 2012 Base Case emissions. The 

results, which are summarized in Table 1 and Table 2 below [See comment EPA-HQ-OAR-2009-

0491-2980.1, p.2 for Tables 1&2], indicate that EPA's NOx and S02 emissions are inflated for 2005 

and both NOx and S02 are significantly inflated in 2012. 1 [EPA-HQ-OAR-2009-0491-2980.1, p. 2] 

Because EPA's 2005 and 2012 emissions inventories are inflated Delaware believes that EPA's 

modeling of 2012 base case emission over-states Delaware's contributions to downwind areas (i.e., 

over-estimated emissions inventories result in over-estimated contributions to downwind areas). [EPAHQ-OAR-2009-0491-2980.1, p. 3] 

Much of the inventory differences are due to control measures Delaware has implemented that are not 

reflected in the EPA analysis. 2 Delaware believes that once the EPA inventories are corrected, 

modeling will show that it is not necessary to subject Delaware to the transport rule. [EPA-HQ-OAR2009-0491-2980.1, p. 3] 

Response: EPA concurs with the portion of the comment stating that the most recent credible 

emissions data for Delaware should be used. To address this comment, EPA reviewed data submitted 

by Delaware and used it in the final modeling. These data included updated emissions for several 

nonpoint sectors including commercial marine and fuel combustion, along with controls, updated 

emissions, and plant closures for point sources. These updates, along with updates for other states,

were included in the final modeling. Note that the actions taken in response to this comment also 

address the follow-up comment submitted by Delaware DNR in response to the NODA on emissions 

inventories [EPA-HQ-OAR-2009-0491-3838].

Organization: Duke Energy

Organization Type: Utility

Comments Related Emission Inventories and Air Impacts Modeling Approach

The state emission inventories developed for conducting the evaluation of significant impact must be 

confirmed for accuracy by each affected state, and the modeling must be performed again if there are 

any significant changes in inventory that may have a bearing on the conclusion reached by EPA. The 

inventories are critical to the overall process for developing the Transport Rule, including the 

classification of states into Group 1 or 2, whether a state is having a significant impact on downwind 

areas, and the degree of improvement at incremental control costs. In particular, the statewide SO2

inventories for non-road sources appear to be very high for a number of states. (see Chapter 7, Table 7-

2 of the June 10, 2010 EPA “Emissions Inventory” TSD report). For example, the non-road SO2

inventory for North Carolina is shown as 52,897 tons in 2014 while the non-road emissions in 

neighboring Tennessee are only 173 tons. That is very surprising considering the reductions in SO2

emissions that have been achieved and are expected to occur as a result of clean diesel programs for 

road and non-road vehicles, locomotive, and marine vessels. It appears that inconsistent treatment for 

the inventory related to Class 3 commercial marine vessels may be the key factor since all of the states 

that show very high SO2 emissions are along the coast. The inventory and models need to be revised to 

account for the expected reductions related to regulatory programs that affect those vessels, as well as 

any other non-road sources where EPA may not have properly accounted for the use of low sulfur fuel. 

[EPA-HQ-OAR-2009-0491-2689.1, pp.62-63]
10

Also, to the extent that emissions of ocean-going vessels are linked to modeling of significant impacts 

for a state, it would be appropriate for EPA to parse out those impacts due to the location of the 

emissions (offshore and at the far edge of the state boundaries) and because those SO2 emissions are 

outside of the control of the states and are already subject to federal rules to reduce emissions. To the 

extent that emissions from ocean-going vessels involved in interstate and international commerce may

be contributing to significant impacts in non-attainment areas, it would be more appropriate to address 

those impacts through separate rulemaking rather than assign the contribution to specific states. [EPAHQ-OAR-2009-0491-2689.1, p.63]

Response: EPA concurs that the commercial marine ocean going-vessel emissions apportioned to the 

states were too high in the proposal modeling. In the final modeling EPA used a revised boundary

between state and federal waters that substantially reduces emissions in coastal areas. In addition, 

known regulatory programs that are taking affect in future years were included in the final rule 

modeling. The details of these changes are provided as part of responses to other comments and in the 

Introduction.

Organization: Empire District Electric Company (Empire District)

Organization Type: Utility

The IPM data used as the base case to develop CATR is flawed due to the fact that it uses 2005 

information which does not account for current pollution control equipment installed since 2005 as 

well as accurate projected emissions for 2012. Corrected data should be utilized in all modeling 

platforms that EPA used to develop the CATR including IPM, SMOKE, and CAMx modeling. Once 

all the modeling is completed revisions to CATR, if any, should be made and CATR revised. [EPAHQ-OAR-2009-0491-2659.1, p.3]

Response: EPA disagrees with this comment. EPA solicited comments on the 2005 inventories used in 

the modeling and also on installed control devices as part of the rulemaking process. The future year 

projections for 2012 and 2014 take into account known control devices installed after 2005 to the 

extent possible and many updates to this control information were incorporated as a result of 

comments on the proposal inventories. 

Organization: Georgia Department of Natural Resources, Air Protection Branch

Organization Type: State/Local Air Agency

The modeling performed by EPA for the Transport Rule did not consider many local controls required 

by states. These controls are documented in annual PM2.5 attainment SIPs submitted by various states. 

These controls should be included in the 2012 modeling used to determine future year 

nonattainment/maintenance areas. For example, the EPA modeling projects Atlanta, GA to have a 

2012 annual PM2.5 design value of 16.01 ug/m3 and Birmingham, AL to have a 2012 annual PM2.5

design value of 17.15 ug/m3. However, both these areas are implementing state controls in their annual 

PM2.5 SIPs to bring those areas into attainment by 2012. These controls must be accounted for in order 

to give an accurate projection of future attainment/maintenance. In addition, the model projects 

Birmingham, AL to have a 2012 daily PM2.5 design value of 40.0 ug/m3. However, EPA just published 

a final determination that Birmingham has attained this standard (75 FR 57186). [EPA-HQ-OAR2009-0491-2647.1 p.5]
11

Response: EPA concurs with the comment that EPA should make every effort to include known and 

planned future enforceable control information. Prior to proposal, EPA undertook an effort to review 

state SIPs and found very little usable information to include because in most cases, the information 

was too general to incorporate into our future-year inventory projections. At proposal, EPA 

specifically requested this type of information be provided and provided a mechanism for commenters 

to provide such reductions using a spreadsheet. As a result, GA EPD provided data with 

facility/unit/SCC/pollutant regional Haze and local control-based emission reductions for SO2, NOX, 

and PM2.5. GA EPD also provided year 2001 and year 2005 unit and facility shutdowns. EPA 

incorporated all of these specific data into the emissions inventories for 2005 and future years for final 

rule modeling. 

Organization: Indiana Department of Environmental Management

Organization Type: State/Local Air Agency

Indiana DEM provided specific information on non-EGU plant closures and controls [EPA-HQ-OAR2009-0491-2645]

Response: EPA concurs with the comments from Indiana DEM and removed the specified facilities 

from the 2005 and future year non-EGU inventories for the final modeling.

Organization: Louisiana Chemical Association (LCA)

Organization Type: Utility

EPA Overestimated Louisiana Emissions in the Emissions Inventory. In addition to the above reasons 

for eliminating Louisiana from coverage under the Transport Rule/FIP, LCA believes that EPA 

significantly overestimated NOX and SO2 emissions in the 2005 emissions inventory used for this 

rulemaking which in turn caused an overestimation of projected impact. LCA has not had sufficient 

time to determine whether some of the overestimation was corrected in the IPM v. 4.10 runs, but 

preliminarily believes that the problems with overestimation noted below have not been corrected. 

Thus, LCA believes that the projected Base Case emissions should be lower than the IPM v. 4.10 

projects. LCA will submit supplemental comments on the impact of use of IPM v. 4.10 on or before 

the October 15, 2010 deadline in the Notice of Data Availability. Thus, at present, LCA believes that 

EPA should correct these errors before making any final determinations in this docket. The EPA 2005 

Louisiana emissions inventory for NOX is significantly different from the 2005/2006 Louisiana statewide emissions inventory used by the Louisiana Department of Environmental Quality (prepared by 

their consultant Environ International) for LDEQ’s modeling support for its request to redesignate the 

Baton Rouge Area to 8-hour ozone attainment. EPA’s inventory of NOX exceeds the Louisiana 

inventory by 174,465 tpy.[EPA-HQ-OAR-2009-0491-3527.1, p. 15; see pp. 15-24 for extensive 

discussion of the 2005 emission inventory.]

In addition to these comments, LCA incorporates the comments of Alpine Geophysics noted on 

Exhibit 11. [EPA-HQ-OAR-2009-0491-3527.1, p. 24]

Response: EPA concurs that some corrections to the inventories used at proposal were warranted. EPA 

made extensive efforts to incorporate additional plant closures, consent decrees, and to reflect installed 

control devices into the final modeling. EPA adjusted Louisiana point and C3 commercial marine 

emissions using the best available information that was obtained as part of the rulemaking process. 

Several facilities were reclassified from the non-EGU point sector into the EGU sector and therefore 
12

prevented the double-counting of EGU emissions IPM for 2012 and 2014. EPA also included 2005 

certified inventory PM estimates for several facilities based on analysis of 2005 and 2008 NEI PMfilterable and PM-condensable emissions.

Organization: State of Louisiana/ Department of Environmental Quality

Organization Type: State/Local Air Agency

MODEL DISCREPANCIES/NOX 

As was stated earlier, Louisiana has reached attainment with the 1997 8-hour ozone NAAQS and

remains in attainment as of this writing. Louisiana is concerned that the proposed Transport Rule 

identifies East Baton Rouge Parish (specifically the LSU site - AQS 220330003) as nonattainment for 

the 1997 8-hour ozone NAAQS in both 2012 and 2014, and both with and without the implementation 

of the proposed Transport Rule. This would indicate that either the rule's NOX reduction unbalances 

the Baton Rouge area's ozone chemistry or the Transport Rule is based on outdated or incorrect data.

Below is a comparison of the NOX inventory used for the Baton Rouge area attainment demonstration

(containing NOX emissions for 2005 and 2006) and the proposed Transport Rule's NOX emissions from

Table IV.C-2. [See EPA-HQ-OAR-2009-0491-2655.1, p.3 for Table IV.C-2; EPA-HQ-OAR-2009-

0491-2655.1, p.3] 

The largest difference when looking at this data comparison is in the non-road emissions portion, 

specifically the differences between the locomotive and marine emissions. The table below compares

EPA's emissions breakdown to Louisiana's modeled emissions breakdown. [EPA-HQ-OAR-2009-

0491-2655.1, p.3].

This proposed Transport Rule and the emissions inventory upon which it relies does not account for all 

of the consent decrees that affected the state of Louisiana. This error led to the addition of 7,000 tpy to 

the model.

Louisiana's point source emissions inventory continues to show a downward trend, as is indicated in 

Attachment B. [See EPA-HQ-OAR-2009-0491-2655.1, p.24 for Attachment B; EPA-HQ-OAR-2009-

0491-2655.1, p.3]

The Baton Rouge attainment demonstration was performed following EPA guidance and using EPA 

approved methodology. The transport rule modeling uses a draft version of MOVES for mobile 

emissions, and the commercial marine Category 3 (C3) vessel emissions were augmented with gridded 

2005 emissions from the previous modeling efforts for the rule called 'Control of Emissions from New 

Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder.' It is unclear as to how two 

EPA approved methods produce such different results for the same modeled year. The Transport Rule's 

2014 base case NOX emissions of 565,049 tons are still greater than the emissions modeled by

Louisiana for 2005. The Baton Rouge area has put over 25 years of effort into achieving the correct 

ratio of NOX and VOC in order to attain the 1997 ozone NAAQS and is very concerned that incorrect 

model results, such as those used in the transport rule, could disrupt that ratio by removing too much 

NOX from the atmosphere and thereby causing the area to revert to its nonattainment status or trigger 

contingency. [EPA-HQ-OAR-2009-0491-2655.1, p.4] 
13

Response: 

The commenter claims that due to recent ozone data showing attainment in Baton Rouge, that Baton 

Rouge should not be considered a nonattainment or maintenance receptor. EPA disagrees with this 

portion of the comment. There are several reasons why recent monitoring data should not and cannot 

be used to determine the nonattainment and maintenance receptor status for consideration under the 

Transport Rule. Please see the preamble section V.C.2 for details. Louisiana’s request that the Baton 

Rouge area be redesignated to attainment will be addressed in a separate notice and comment 

rulemaking.

EPA concurs with the portions of this comment related to the consent decrees. To address this issue, 

after a comprehensive review, EPA added numerous consent decree emissions reduction to the set of 

consent decrees used at proposal. This resulted in significant reductions to NOX, SO2, and PM 

emissions in Louisiana between the 2005 and future-year inventories. Since this comment does not 

provide specific information, EPA relied on consent decrees documented by the EPA Office of 

Environmental Compliance Assurance and data provided by other commenters that included enough 

information to apply to the 2005 base year inventory. EPA also updated our 2005 base point-source 

inventory to include revised certified LA inventory year 2005 estimates for SO2, NOX, and PM, as 

described in our response to a previous comment. Alternate data was not available for 2012 and 2014 

base case emissions; however, EPA included consent decrees where possible. The resulting 

inventories show an additional downward trend in emissions in Louisiana for the nonEGU inventory as 

described by the commenter. 

EPA concurs with the parts of this comment concerning emissions approaches used for the onroad 

mobile and commercial marine portions of the Louisiana inventory. The final modeling uses MOVES

2010 instead of the draft version of MOVES used in the proposal. In addition, EPA adjusted the 

Category 3 commercial marine emissions for Louisiana, along with those other states, by applying 

the Mineral Management Service dataset for state-federal water boundaries to associate only the 

emissions close to the coast (approximately 3-10 miles), with the state. This method is consistent 

with past approaches used in developing the National Emission Inventory. In addition, EPA included

the final Emissions Control Area proposal to the International Maritime Organization new Class 3 

engine standards and fuel sulfur limits (EPA-420-F-10-421, August, 2010) for Commercial Marine 

Vessels. These two changes reduced the amount of nonroad emissions attributable to Louisiana in the 

final modeling.

Organization: Maine Department of Environmental Protection (Maine DEP)

Organization Type: State/Local Air Agency

Fuel sulfur content:

In 2009, the Maine Legislature established sulfur content limits for certain fuels. The legislation 

established a statewide sulfur limit for distillate fuels of 50 ppm in 2016, and 15 ppm in 2018. This 

will not apply to distillate fuel used for manufacturing purposes. For residual (#6) fuel oil, the 

statewide sulfur limit will be to 0.5% in 2018. In the Central Maine, Downeast, Aroostook County and 

Northwest Maine Air Quality Control Regions and the Metropolitan Portland Air Quality Control 

Region outside the Portland Peninsula the current residual oil sulfur limit is 2.0%. In the Portland 

Peninsula Air Quality Control Region, the current residual fuel sulfur limit is 1.5%.
14

The Maine DEP estimates that 5,567 tons of sulfur dioxide (SO2) were emitted by distillate fuel 

combustion in 2008, while 12,783 tons were emitted by residual fuel combustion. We estimate that the 

fuel sulfur limits will reduce distillate emissions to 1,623 tons in 2016 and to 48 tons in 2018. Residual 

fuel SO2 emissions will be reduced to 4,880 tons in 2018.

Point Source Inventory:

The Maine DEP is submitting the following corrections to the NODA point source inventory in the 

Excel workbook provided by EPA:

• Boralex Athens facility closed July 10, 2009

• Maine Energy Recovery and Regional Waste Systems facilities are duplicated

• McCain Foods – Easton PointID 004 ceased operation November 9, 2009

• Wausau Paper Otis Mill ceased operation November 14, 2009

• Lincoln Paper and Tissue PointID 001 no longer exists; see PointID 002

Nonpoint Inventory:

The Maine DEP has identified incorrect volatile organic compound emission estimates for two 

nonpoint source categories in the NODA inventory: Residential Woodstoves and Fireplaces (SCC 

2104008000) and Stage 2 Gasoline Service Stations (SCC 2501060100). We request that EPA utilize 

the estimates in the official 2005 National Emission Inventory, as currently available from EPA’s 

Emissions Inventory System, for those two categories as shown below. [EPA-HQ-OAR-2009-0491-

3849.1, p.1-2]

Response: EPA concurs that the fuel sulfur limits should be included in the modeling for Maine. EPA 

included quantifiable sulfur rule controls in 2014 modeling for those states that had implemented the 

rules (New Jersey and Maine).

EPA concurs with the portion of the comments on the point source inventory. EPA removed the above 

facilities from the future-year inventories to reflect the closures reported by Maine.

EPA does not concur with the portion of the comments on the nonpoint inventory. EPA intends to use 

the best available emissions data in every case. EPA has updated the Residential Woodstoves and 

Fireplaces emissions with improved activity data for 2005. EPA believes that these estimates are 

better than what is in the 2005 NEI, which are actually 2002 estimates. EPA is using refueling 

emissions from MOVES to estimate Stage 2 Gasoline Service Stations in the base year and future year 

modeling. EPA believes that these estimates are better than what was in the 2005 NEI (based on 

MOBILE6), and that the updated emissions provide greater consistency between the base inventory

and the future inventories.

Organization: Maryland Department of the Environment (MDE)

Organization Type: State/Local Air Agency

In developing the mobile source emissions for this platform EPA used the National Mobile Inventory

Model (NMIM) with MOBILE6 vehicle emission modeling software, and then applied post-processing 

to approximate the emissions for this sector that would have been computed with EPA’s new mobile 

source model, the Motor Vehicle Emissions Simulator (MOVES). Maryland strongly urges that for the 

final Transport Rule and certainly for Transport II, EPA undertake modeling with updated mobile 

emissions based on MOVES, as required for state SIPs, and not rely on shortcuts for a significant and 

substantial proposal such as this aimed at reducing transport. This is particularly important because 
15

EPA is requiring the states to use MOVES for their upcoming SIP submissions, and because MOVES 

outputs both in terms of base emissions and projected reductions from measures are supposed to be 

much greater than those produced by MOBILE6. [EPA-HQ-OAR-2009-0491-2639.2, p.17]

Response: EPA concurs that a released version of MOVES should be used for the final modeling. EPA 

used the released version MOVES 2010 (December, 2009) for the final rule modeling. 

EPA does not concur that unacceptable shortcuts were taken for the overall MOVES-based approach. 

A technically feasible approach for running MOVES 2010 at the county resolution for a regional-scale 

modeling effort was not available in time for use in this rule. EPA has concluded that the allocation of 

the final MOVES 2010 emission from the state-month resolution to the county level based on NMIM 

allocations was sufficient for the purpose of this rule. Subsequent EPA analyses comparing the statemonth MOVES approach to a more refined county-based MOVES approach using more local-specific 

MOVES inputs has shown that the overall state-level emissions (relevant for contribution modeling for 

this rule) of NOx and VOC are not different enough to have affected the outcome of this rule. Given 

the unavailability of a more refined approach in time for this rule, and given our subsequent analyses, 

EPA has concluded that its approach of using the MOVES 2010 emissions and allocating from a statemonth resolution to counties was sufficient for supporting the contribution modeling of the final 

Transport Rule.

Organization: Michigan Manufacturers Association (MMA)

Organization Type: Industry (non-utility)

Using a current emission inventory, combined with current air quality data is certain to reduce the 

scope of reductions needed to meet the stated objectives of the proposed rule. EPA may even find that 

this rule is not necessary to reach the stated air quality improvement objectives. [EPA-HQ-OAR-2009-

0491-2762.1, p.2]

The modeling the EPA used to determine the Rule’s compliance requirements is out of date and/or 

inaccurate on many counts. First, EPA begins with an emissions inventory from the year 2005. By 

doing so, EPA creates a modeling scenario that does not account for the real emissions reductions that 

have occurred through recent actions to comply with the Clean Air Interstate Rule (CAIR), as well as 

consent orders that are on the books, within the 32-state region. Neither does a 2005 emissions 

inventory take into account the permanent shutdown of major sources – an issue that is very real to the 

State of Michigan. These omissions have a demonstrated positive impact on ambient air quality, in 

Michigan and in downwind states. Nor does a 2005 emissions inventory take into account the 

permanent shutdown of many major sources – an issue that is very real to the State of Michigan. These 

sources and their emissions are gone. The sum of all of these emissions reductions has a demonstrated 

positive impact on ambient air quality, in Michigan and in downwind states. [EPA-HQ-OAR-2009-

0491-2762.1, pp.2-3]

Response: 

EPA concurs with the portion of the comment that a current emission inventory should be used. EPA

used the most recent inventory data available to us that has been quality assured. Numerous inventory 

updates impacting most major sectors were incorporated in the final rulemaking emissions modeling 

platform. This comment does not include specific enough information here for any other changes to be 

incorporated into the final modeling effort.
16

EPA does not concur with the part of the comment suggesting that 2005 emissions data were used to 

determine compliance requirements. All compliance-related analysis was performed using the 2012 

model year, which allows EPA to include emissions reductions that have occurred since 2005. 

EPA concurs with the part of the comment that indicates all known [enforceable] emissions reductions 

should be taken into account in modeling done to determine downwind contributions and to assess 

compliance requirements. At proposal, EPA included many emissions reductions that resulted 

between 2005 and 2012. As a result of the comments on the proposed rule, EPA has responded by 

including significant additional emissions reductions not identified at proposal. The details for those 

additional emissions reductions are described in the responses to other commenters.

Organization: Midwest Ozone Group

Organization Type: Organization

Specifically, the CATR fails to consider the extensive amounts of controls installed after 2005, 

resulting in a large and erroneous over estimation of emissions reductions necessary to eliminate any 

significant contribution to downwind nonattainment of many states. EPA was well-aware when it 

proposed the CATR using only a 2005 EGU emissions inventory that significant new controls had 

been and were being installed on vast numbers of EGUs in response to the CAIR and other OTB 

requirements. Accordingly, MOG requests that EPA reanalyze the CATR using the most up to date 

source inventory and air quality data to confirm the results of its analyses. [EPA-HQ-OAR-2009-0491-

2809.1, pp.2-3]

EPA failed to include other OTB controls in its future base case projections. EPA needs to clarify its 

conflicting statements on the cut-off date used for emission reduction requirements included in its 

analysis. EPA’s Federal Register notice states that its base case includes “emissions reductions 

associated with the implementation of all federal rules promulgated by December 2008,” 75 Fed. Reg. 

45,210, 45,233/3; however, EPA’s PowerPoint overview presentation titled “Proposed Transport 

Rule,” dated July 26, 2010, which is available on the Internet at 

http://www.epa.gov/airquality/transport/pdfs/TRPresentationfinal_7-

26_webversion.pdf, states on slides 5, 17, and 18 that its analysis “does reflect other federal and

state requirements to reduce emissions contributing to ozone and fine particle pollution that were

in place as of February 2009.” [EPA-HQ-OAR-2009-0491-2809.1, p.5; for additional comments 

pertaining to EPA failed to include other OTB controls in its future base case projections, see pp.5-7]

Response: See the preamble section V.C.2 for a response to the portion of the comment regarding how 

controls installed after 2005 are reflected in the final modeling.

EPA concurs with the portion of the comment that some “on-the-books” controls were not included in 

the proposal modeling. In preparation for the final rule modeling, EPA made extensive efforts to 

include Federal Rules promulgated by December 2010 along with consent decrees. The proposal

modeling efforts did not incorporate rules promulgated between December 2008 and February 2009

because the modeling was being performed during that period.

Organization: Louisiana Chemical Association (LCA)

Organization Type: Utility
17

EPA Failed to Include Enforceable Reductions in the Modeling Used to Project Future Impact. Failure 

to Include Consent Decrees.

LCA believes that EPA has failed to include a number of federally enforceable New Source Review 

(“NSR”) and other federally enforceable consent decrees for non-EGUs in its IPM modeling efforts. 

This omission resulted in EPA greatly overestimating both SO2 and NOX emissions from Louisiana 

and from Texas. Because EPA proposes to include Louisiana in the TR/FIP based solely on EPA’s 

modeled projection that Louisiana will contribute only 0.34 ug/m3 PM2.5 in calendar year 2012 at one 

monitor in Harris County, Texas, LCA believes that EPA should reevaluate Louisiana’s inclusion in 

the Transport Rule and perform new modeling with these excess emission projections appropriately 

reduced. [EPA-HQ-OAR-2009-0491-3527.1, p. 24, see pp. 24-26 for extensive discussion of this 

issue.]

Response: EPA concurs with the portion of the comment regarding consent decrees and made 

substantial efforts to include consent decrees in the final rule modeling. Many additional enforceable

consent decrees were included as compared to the proposal modeling. However, EPA did not 

explicitly seek out consent decrees pertaining to the impact of New Source Review. The commenter 

did not provide specific examples along those lines and therefore we relied on general publicly 

available sources of information about consent decrees. New modeling was performed for the final 

rule that incorporated all of the implemented emissions inventory updates.

Organization: Louisville Gas and Electric Company (LG&E) and Kentucky Utilities Company

(KU)

Organization Type: Utility

1. EPA’s non-EGU point source data include EGUs that are already included in EPA’s EGU data, 

thereby double-counting the emissions from these sources. In EPA’s file named 

“ptinv_ptnonipm_2012cr_xportfrac_cap2005v2_20nov2008_revised_08oct2010_v0_orl.txt”: 

a) PlantID 211670001, Oris_Facility_Code 1355, Plant named 

KENTUCKYUTILITIESCOMPANYEWBROWNSTAT contains 6 units (PointID’s 5, 7, 8, 9, 10, and 

11) that are EGU’s and are already correctly included in EPA’s NEEDS EGU data. The non-EGU data 

file includes NOx emissions for these units that are already included in the EGU data. These emissions 

are being double-counted.

b) The facility with FIPS number 21127, PlantID 40, and Plant named RiversideGeneratingCoLLC 

appears in the non-EGU data file with NOx emissions and also in the EGU data file. These emissions 

are being double-counted. Note: this plant is not owned by or affiliated with LG&E or KU.

c) Conversations with other electric utility companies indicates that there are other units whose 

emissions are being double-counted or that are improperly categorized as EGU’s or non-EGU’s. [EPAHQ-OAR-2009-0491-3859.1, p.2-3]

Response: EPA concurs with the comment that these specific facilities were double-counted between 

the EGU and non-EGU inventories. The relevant units from each plant were moved from the nonEGU inventory to the EGU inventory in 2005, thereby removing any double-counts caused when the 

2005 data were projected to the future years. These facilities emissions are included only from the 

IPM model in the future year emissions cases. In addition to reviewing the specific facilities in this
18

comment, EPA addressed many other similar comments in the same way by confirming the double 

counted emissions and preventing those emissions from being double counted in the future year 

inventories. Furthermore, EPA performed a systematic analysis of the EGU and non-EGU inventories 

to identify and correct any additional duplicates.

Organization: Mid-America Regional Council (MARC) Air Quality Forum

Organization Type: State/Local Air Agency

It is also imperative that EPA use the latest available data and emissions inventories in order to reflect 

emission reduction projects already underway. [EPA-HQ-OAR-2009-0491-2613.1, p.1]

Response: EPA concurs with this comment. We have attempted to use the latest data and emissions 

inventories wherever quality assured data was available. However, this comment is not specific enough 

to merit particular changes.

Organization: Midwest Ozone Group

Organization Type: Organization

Mobile Sources [EPA-HQ-OAR-2009-0491-2809.1, p.7]

(1) Category 3 (C3) commercial marine vessels. See Fed. Reg. at 45,244/1-2 (“Nonroad mobile 

emissions were created only with NMIM using a consistent approach as was used for 2005, but 

emissions were calculated using NMIM future-year equipment population estimates and control 

programs for 2012 and 2014. Emissions from 2012 and 2015 were used for locomotives and category 1 

and 2 (C1 and C2) commercial marine vessels, based on emissions published in OTAQ’s Locomotive 

Marine Rule, Regulatory Impact Assessment, Chapter 3. For category 3 (C3)commercial marine 

vessels, a coordination strategy of emissions reductions is ongoing that includes NOx, VOC, and CO 

reductions for new C3 engines as early as 2011 and fuel sulfur limits that could go into affect as early

as 2012. However, given the uncertainty about the timing for parts of these emissions reductions and 

the fact that the 2012 modeling was conducted well in advance of the December 2009 publication of 

the rule, we have not used the controlled emissions in modeling supporting this proposal.”). [EPA-HQOAR-2009-0491-2809.1, p.7]

(2) Final federal rulemakings after December 2008: See http://www.epa.gov/ttn/oarpg/t2pfpr.html. 

[EPA-HQ-OAR-2009-0491-2809.1, p.7]

(a) Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy 

Standards; Final Rule (75 Fed. Reg. 25,523, May 7, 2010). EPA itself recognizes that this final rule 

will provide co-benefits. Id. at 25,524. [EPA-HQ-OAR-2009-0491-2809.1, p.8]

(b) Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per 

Cylinder (75Fed. Reg. 22,954, April 30, 2010). EPA states this rule will reduce emissions of NOx, 

PM2.5, and SO2 and further states that “While a share of these emissions occur at sea, [EPA’s] air 

quality modeling results...show they have a significant impact on ambient air quality far inland.” Id. 

At 22,900/3. According to EPA, “in 2009, emissions from Category 3 engines account for about 10 

percent of mobile source emissions of...NOx, about 24 percent of mobile source diesel PM2.5 

emissions..., and about 80 percent of mobile source emissions of...SOx. As we look into the future, 
19

however, emissions from Category 3 engines are expected to become an even more dominant 

inventory source. This will be due to both emission reductions from other mobile sources as new 

emission controls go into effect and to the anticipated activity growth for ocean transportation. Without 

new controls, we anticipate the contribution of Category 3 engines to national emission inventories to 

increase to about 24 percent, 34 percent, and 93 percent of mobile source NOx, PM2.5, and SOx 

emissions, respectively in 2020, growing to 40 percent, 48percent, and 95 percent respectively in 

2030.” Id. At 22,897/2-3. [EPA-HQ-OAR-2009-0491-2809.1, p.8]

(c) Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program (75 Fed. 

Reg. 14819, March 26, 2010). EPA states that as a result of this rule: “Ambient PM2.5 is likely to 

increase in areas associated with biofuel production and transport and decrease in other areas; for 

ozone, many areas will experience increases and a few areas will see decreases.” Id. at 14,799/2. [EPAHQ-OAR-2009-0491-2809.1, p.8]

(d) Average Fuel Economy Standards Passenger Cars and Light Trucks Model Year 2011 (74 Fed. 

Reg. 14,196, March 30, 2009). This will also provide co-benefits. Id. at 14,203. [EPA-HQ-OAR-2009-

0491-2809.1, p.8]

Response: 

(1) C3 Marine Vessels: EPA reduced commercial marine emissions as described in the 

Introduction. These reductions come from two changes. First, EPA included emissions 

reductions from the final Emissions Control Area proposal to the International Maritime 

Organization new Class 3 (C3) engine standards and fuel sulfur limits (EPA-420-F-10-421, 

August, 2010) for Commercial Marine Vessels. Second, EPA updated the use of a 200 nautical 

mile boundary for C3 emissions attributable to states, replacing it with use of the Mineral 

Management Service state-federal water boundary dataset that restricts state waters to 

approximately 3-10 miles from the coast. EPA concluded that this is a more reasonable 

assumption of the proportion of C3 marine emissions that can be attributed to the states’

contribution to downwind nonattainment and is consistent with past approaches used in 

developing the National Emission Inventory. These two changes reduced the amount of 

nonroad emissions attributable to Louisiana in the final modeling.

(2) EPA concurs with the portion of the comment that some “on-the-books” controls from federal 

rulemakings were not included in the proposal modeling. In preparation for the final rule 

modeling, EPA made extensive efforts to include Federal Rules promulgated by December 

2010 along with consent decrees. The proposal modeling efforts did not incorporate rules 

promulgated between December 2008 and February 2009 because the modeling was being 

performed during that period. The following rules were not reflected in the version of MOVES 

used for the final Transport Rule modeling because the rules have little impact on criteria air 

pollutants in 2012 or 2014: Light-Duty Vehicle Greenhouse Gas Emission Standards and 

Corporate Average Fuel Economy Standards, Average Fuel Economy Standards Passenger 

Cars and Light Trucks Model Year 2011, and Regulation of Fuels and Fuel Additives: Changes 

to Renewable Fuel Standard Program. 

Organization: Minnesota Power (ALLETE)

Organization Type: Utility
20

Additionally, the Minnesota Pollution Control Agency had facilitated a Minnesota stakeholder process 

for addressing final Regional Haze (Clean Air Visibility Rule) requirements for targeted 2013 

compliance with Reasonable Further Progress targets for Minnesota Class I Wilderness Areas. The 

MPCA Northeast Regional Emissions Abatement Program called for about a 30% reduction in 

Northeast Minnesota utility emissions that, coupled with other regional emission reductions (e.g. 

MERP and AREA), would satisfy Minnesota regional haze, reasonable further progress requirements 

on schedule. It is not clear in EPA’s Transport Rule, Technical Support Documents whether EPA gave 

consideration to Minnesota non-utility source emission reductions from this Minnesota visibility 

improvement initiative, but it does appear that EPA is incorrectly associating the Minnesota emission 

reduction measures with CAIR compliance action even though the CAIR has been stayed for 

Minnesota implementation pending this Transport Rule finalization. [EPA-HQ-OAR-2009-0491-

2809.1, p.4]

The MPCA has submitted the Minnesota Regional Haze SIP to EPA for approval, but has not yet 

received confirmation that EPA has reviewed and approved the Northeast Minnesota emission 

reduction plan. However, Minnesota utility sources have provided for the associated planned emission 

reductions at timing to meet the MPCA program regional haze targets, as cited in the Minnesota State 

Implementation Plan submitted to EPA. Still, those Minnesota emission reduction measures appear to 

have been acknowledged by EPA when they suggest that States should be able to meet EPA’s 

Transport Rule proposed 2012 SO2 and NOX budget emission limitations. [EPA-HQ-OAR-2009-0491-

2809.1, p.4]

Response: EPA does not concur with including the emissions reductions cited in this comment. The 

regional haze SIP submittal cited in the comments (a “Northeast Minnesota 30% reduction”) are 

unenforceable targets for which the specific measures to achieve them are still under development in a 

collaborative process with the industry. Accordingly, they are not enforceable requirements 

appropriate for inclusion in the final rule modeling. Further, the comment does not provide detailed 

information regarding the reduction targets.

Organization: State of Missouri Department of Natural Resources

Organization Type: State/Local Air Agency

Missouri found discrepancies in NOX and SO2 emissions for some electric generating units (EGUs) in 

the 2005 base year. For example, the New Madrid Power Plant, ORIS 2167, reported NOX emissions 

of 17,261 tons per year in 2005, but a total of 32,255 tons per year was used in EPA's 2005 base year. 

Missouri requests that EPA re-evaluate Missouri's contributions based on this and any other needed 

corrections. [EPA-HQ-OAR-2009-0491-3806, p.3]

Response: EPA does not concur with this comment. The inventory for the proposal and final

modeling includes the following emissions data for this plant

Plant name = New Madrid Power Plant, state-county FIPS=29143, State Facility

Identifier=0004. Facility totals for NOX:

11,794 tpy - 2008 MO Department of Natural Resources

11,793 tpy - 2008 EPA Clean Air Markets Division

32,255 tpy - 2005 (NEI)

32,240 tpy – 2005 EPA Clean Air Markets Division

37,466 tpy – 2002 (NEI)
21

These data show that the 2005 emission data used in the modeling came from data reported by the 

facility to the Clean Air Markets Division (CAMD). For SO2, we found 13,702 tons: 7,036 from unit 

#1 and 6,665 from unit #2. Further, the NOx emissions from the CAMD data show that the 2005 

NOx emissions were 17,719 tons for unit 1 and 14,520 tons for unit 2. Consequently, EPA has 

concluded that the commenter is either reporting emissions after 2005 or is only considering one of 

the units at the facility for which data are available. Therefore, no changes were made by EPA related 

to this plant for the final rule.

Organization: National Association of Clean of Air Agencies (NACAA)

Organization Type: Other

In our discussions with EPA on the proposal, EPA requested that NACAA review the emissions 

inventory information the agency used in developing the proposed Transport Rule. Many of our 

members have concerns with the quality of the data or analysis and will be submitting comments 

separately to EPA to assist in promulgation of the final rule. We understand the challenging nature of 

the schedule in the specific circumstances of this rule, but we urge EPA in the future to provide 

NACAA and its members with its modeling assumptions, inventory and projections prior to proposal, 

to enhance the accuracy of EPA’s technical information. [EPA-HQ-OAR-2009-0491-2771.1, p.6]

Response: The request by NACAA for earlier access to EPA data in future efforts is not a comment 

on the proposed Transport Rule. EPA acknowledges NACAA's interest and aims to work with 

NACAA and other stakeholders to get input and feedback on modeling assumptions, inventories, and 

other relevant information early in the rulemaking process as appropriate.

Organization: New Hampshire Department of Environmental Services

Organization Type: State/Local Air Agency

We have reviewed the non-IPM point source and non-point source inventory data that was posted to 

the docket. Upon review of this data, we offer the following comments. A spreadsheet is attached 

which illustrates these comments. Permanent shutdowns: Groveton Paperboard, Batesville 

Manufacturing, Churchill Coatings Hooksett, Graphic Packaging New NOx controls: Pinetree Power 

Tamworth, Bridgewater Power, Pinetree Power Bethlehem, Hemphill Power & Light General 

corrections: Keene State College, Bridgewater Power In addition, we would like to direct your 

attention to the emissions inventories that are being prepared for states in the mid-Atlantic and 

Northeast region for use in their SIPs for ozone and fine particulate matter. We feel that these are the 

most accurate and up to date inventories available for the region. Although the analysis years differ 

from those being addressed for the Transport Rule, we feel that they could serve as a valuable 

QA/QC resource for the work that you are doing. In particular, these inventories could potentially be 

used as a cross-check for source controls and shutdowns. [EPA-HQ-OAR-2009-0491-3854]

Response: EPA concurs with the New Hampshire DES comments. For the 2005 inventory, facilityspecific stack parameters were updated and a duplicate facility was removed. For the future 

inventories, EPA removed the closed facilities and applied the NOx controls to the specified 

facilities.
22

Organization: New York State Department of Environmental Conservation

Organization Type: State/Local Air Agency

The CAMx air quality modeling is based on a 2005 modeling platform. The mobile source emissions 

for this platform were primarily developed with NMIM/MOBILE6 and some post processing 

approaches were applied to approximate the mobile source emissions that would have been computed 

with the MOVES model. Given the non-linear interactions between pollutants from various sources 

in the atmosphere, it is unclear if using this short cut may have affected the modeling results, in 

particular the upwind-to-downwind linkages established by the CAMx/PSAT simulations. [EPA-HQOAR-2009-0491-2730.1, p.10]

EPA continues to manipulate the New York point source inventory by incorrectly adding sources that 

either have gross emission errors, are no longer in operation or involve the shutdown of existing 

sources.

a. For example, EPA has included a facility it calls Iskilar Brick in Albany County. In fact, this 

facility is included twice (2 different emission points with the exact same emissions). DEC has never 

considered this facility, Powell and Minnock Brick, to be a point source and because of that has never 

submitted emissions data for the facility to EPA. Also, this facility quit making brick in 2001 and was 

demolished over the winter of 2007/2008. (see http://www.hudsonvalleyruins.org/alert/2008.html)

b. The inventory in the NODA says that as of 12/31/2009 LAFARGE BUILDING MATERIALS 

INC plant in Ravena, Albany County is closed. This is incorrect and we are at a loss to understand 

how EPA came to this understanding.

EPA has included reductions from its proposed boiler MACT in future year inventories. Since EPA 

has a history of not completing rulemakings in a timely manner (even under court order), we question 

the wisdom of this decision. Like State measures, EPA should only include those federal measures 

that have completed the regulatory process so that there is some reasonable assurance that the 

emission reductions from these programs will actually occur. By including the proposed boiler 

MACT reductions, EPA could be underestimating the impact that an upwind state would have on 

downwind nonattainment areas. [EPA-HQ-OAR-2009-0491-3857]

Response: 

EPA concurs with the comment that a released version of MOVES should be used for the final rule 

modeling. EPA used MOVES 2010 in the modeling for the final rule. A further explanation about 

the adequacy of the MOVES approach is provided in the response to the Maryland Department of the 

Environment.

EPA concurs with the comments on the Iskilar Brick facility and The Lafarge Building Materials 

facility. For modeling used for the final Transport Rule, EPA has removed the Iskilar Brick (a.k.a. 

Powel and Minnock Brick) facility from the 2005 inventory and the future year inventories. In 

addition, EPA has retained the Lafarge Building Materials facility in the future inventory.

EPA also concurs that the emissions reductions from the proposed boiler MACT NESHAP should 

not be included because the rule was still in proposal at the time of the final air quality modeling for 

the Transport Rule. Therefore, EPA did not include the boiler MACT controls in the emissions for 

the final modeling.
23

Organization: North Carolina Department of Environment and Natural Resources

Organization Type: State/Local Air Agency

One of NCDAQ's major concerns is with the emissions inventories provided as part of the supporting 

technical analysis. While the magnitude and percent contribution per source sector in the EPA 

inventories appear to be reasonable for most source sectors, certain sectors emissions show 

significant differences. For example, the non-road mobile emissions provided by EPA are 

significantly higher for NOX and SO2 as compared to NCDAQ's estimates. The non-road mobile SO2

differences are particularly troubling, especially in the future years. While NCDAQ does not have 

emission inventories for the exact years of EPA's projections, we do have projections that bracket 

EPA's estimates. The latest NCDAQ non-road mobile SO2 estimates for 2002 and 2009 are 7,693 

tons and 1,892 tons, respectively. EPA's 2005 estimate is 42,743 tons - a clear outlier when compared 

to our estimates. The latest NCDAQ non-road mobile SO2 estimate for 2018 is 905 tons, while EPA's 

2020 estimate is 68,844 tons. EPA's non-road mobile SO2 estimates increase from 2005, to 2014, to 

2020, while NCDAQ's estimates decrease significantly with time from 2002, to 2009, to 2018. We 

have isolated the majority of the non-road mobile differences to the marine SO2 emissions. However, 

NCDAQ has been unable to identify exactly how the EPA non-road mobile emissions were 

developed in this exercise and requests additional documentation.

In addition, for non-point (area) sources, EPA's NOX emissions estimates for North Carolina are 2-3 

times lower as compared to NCDAQ estimates, while EPA's SO2 emissions estimates for North 

Carolina are approximately 4 times higher. A more detailed emissions inventory comparison is 

provided in Attachment B.

The NCDAQ is very concerned about the differences in the non-road emissions and seeks to better 

understand these differences. If the EPA non-road emissions are found to be unreasonable, it 

significantly alters the percent contribution of each source sector (the point source sector's SO2

contribution is diminished) to the overall air quality concentrations predicted in the model. This, in 

turn, calls into question the overall modeling that supported the receptor identification analysis and 

the source contribution analysis which gets at the root of the purpose of this proposal. [EPA-HQOAR-2009-0491-2767.1 p.3-4]

Response:

EPA concurs that the nonroad emissions apportioned to states were too high in the proposal 

modeling. To address this EPA included the final Emissions Control Area proposal to the 

International Maritime Organization new Class 3 engine standards and fuel sulfur limits (EPA-420-F10-421, August, 2010) for Commercial Marine Vessels. In addition, instead of using the 200 nautical 

mile boundary for C3 emissions attributable to states used in the Proposal, EPA used the Mineral 

Management Service state-federal water boundaries that restrict state waters to approximately 3-10 

miles from the coast. These two changes drastically reduce the amount of nonroad emissions 

attributable to coastal states.

EPA disagrees that the nonpoint emissions for North Carolina are inappropriate. EPA reviewed the 

nonpoint NOX emissions used in the proposal modeling for North Carolina and also requested 

appropriate alternative data. Some alternative data were provided, but quality assurance of the data 

raised questions about its usability. The data quality issues were discussed with NC DAQ staff and 

NC DAQ agreed that the original nonpoint data should be used for the final modeling.
24

Organization: Omaha Public Power District

Organization Type: Utility

As with the SO2 emissions issue described in Item 2, the nitrogen oxides (NOX) emissions for 'nonpoint' Nebraska sources may be significantly overstated by EPA, because approximately half the 

reported non-point NOX total in the 2005 baseline inventory is listed in the database as being 

associated with fossil fuel combustion in industrial, commercial and institutional coal boilers. If EPA 

made the same error as with SO2, then the industrial/commercial/institutional boiler NOX emissions are 

being double-counted under the non-EOU category and the nonpoint category. [EPA-HQ-OAR-2009-

0491-2680.1, p. 2]

Response: As a result of a review of the associated data, EPA concurs with the assessment that EPA 

has overestimated industrial, commercial, and institutional (ICI) coal boilers in Nebraska. To address 

this comment, EPA replaced the non-point emissions for ICI boilers used at proposal with estimates 

from the latest available CENRAP 2002 inventory, resulting in 929 additional tons of NOX but 21,916 

fewer tons of SO2. EPA investigated various data sources and determined that the CENRAP 2002 

inventory was the best available data for use in this effort. The NOX emissions from coal and distillate

oil actually decreased over 4,000 tons but were more than offset by significantly higher NOX from

natural gas combustion of nearly 5,000 tons. The net impact of replacing NEI nonpoint ICI fuel 

combustion estimates with the latest CENRAP data is a modest increase in NOX and large decrease in 

SO2. Note that the actions taken to address this comment also address a similar comment submitted by

Nebraska Public Power District [EPA-HQ-OAR-2009-0491-2711]. 

Organization: Ozone Transport Commission

Organization Type: Organization

In developing the mobile source emissions for this platform EPA used the National Mobile Inventory

Model (NMIM) with MOBILE6 vehicle emission modeling software, and then applied postprocessing 

to approximate the emissions for this sector that would have been computed with EPA’s new mobile 

source model, the Motor Vehicle Emissions Simulater (MOVES). While OTC supports EPA’s choice 

to use the NMIM and MOBILE6 models to meet the Court’s timeframe for developing the proposed 

Transport Rule, OTC strongly urges that for the final Transport Rule and certainly for Transport 2, 

EPA undertake modeling with updated mobile emissions based on MOVES. This is particularly

important because EPA is requiring the states to use MOVES for their upcoming SIP submissions, and 

because MOVES outputs both in terms of base emissions and projected reductions from measures are 

supposed to be much greater than those produced by MOBILE6. [EPA-HQ-OAR-2009-0491-2737.1, 

pp. 7-8]

Response: EPA concurs that a released version of MOVES should be used for the final modeling. EPA 

used a draft version of MOVES combined with NMIM for the proposal modeling because that was the 

best available information at the time the modeling was performed. EPA used the released version of 

MOVES 2010 in the modeling for the final rule. Additional information associated with the approach 

used for the final Transport Rule and its degree of appropriateness is provided in the response to the 

Maryland Department of the Environment.
25

Organization: PPG Industries, Inc.

Organization Type: Industry (non-utility)

Further, based on investigation to date, PPG believes that there could be significant errors in EPA’s 

emissions inventories and modeling and that EPA should remodel with corrected data to determine 

whether Louisiana emissions significantly contribute to nonattainment with the 1997 8-hr. ozone 

NAAQS in the Houston-Galveston-Brazoria (“HGB”) or Dallas-Ft. Worth (“DFW”) areas of Texas. 

The HGB area achieved attainment last year and continues in attainment this year. The DFW area 

design value has dropped to 86 ppb, and TCEQ has submitted an attainment demonstration that does 

not require further reductions from Louisiana sources. Even under EPA’s overstated emissions 

inventories, EPA projects reductions of precursors of ozone from Louisiana to occur even without the 

Transport Rule. Considering the potential financial impact to PPG posed by EPA’s NOx allocation 

scheme, PPG should be given a reasonable opportunity to comment on the need for NOx reductions at 

all from Louisiana sources under the interstate transport provisions of the Clean Air Act. [EPA-HQOAR-2009-0491-1926.1, p.2]

Response: EPA concurs with the comment that the most up-to-date data should be used in modeling for 

the final rule. EPA requested, received and included updated emissions and local controls for the HGB 

and DFW non-EGU point source inventories from TCEQ, as well as updated Louisiana year 2005 

certified emissions from the Louisiana Chemical Association for several facilities. For Louisiana, we 

adjusted facilities where NOX or SO2 in the certified emissions differed from the emissions used in the 

proposal modeling by more than 10 tons annually, and adjusted the PM10 and PM2.5 emissions

accordingly.

Organization: RRI Energy, Inc.

Organization Type: Utility

RRI provided a spreadsheet [EPA-HQ-OAR-2009-0491-3833.1.xls] indicating that a specific plant did 

not close. The intent was that the EPA includes these updates in their final modeling. 

Response: EPA concurs with the comment and did not shut down this facility for final rule processing.

Organization: Southern Company

Organization Type: Utility

Southern Company provided comments [EPA-HQ-OAR-2009-0491-3843.1.pdf and EPA-HQ-OAR2009-0491-2864] indicating that EPA should include local controls that have been implemented or 

are required by other SIPS, such as the Alabama PM2.5 SIP for Birmingham, Alabama, which was 

submitted to EPA in March of 2009. EPA should include these and other corrections from local 

sources, especially combined with the necessary corrections sited by Southern Company and others 

in comments on the Transport Rule and NODA1. 

Southern Company believes that EPA should include the expected reductions that would occur from 

the final IB MACT. However, EPA should not include the reductions expected if the “rule were 

finalized as proposed.” EPA expects to finalize the IB MACT by January 16, 2011, a date well in 

advance of the expected Transport Rule.
26

It appears that there are units in the non-IPM inventory that were also in the parsed IPM output files 

provided in the NODA1 (i.e., the emissions may be double counted). 

Response: EPA concurs with the comment and requested and implemented local controls where they

were enforceable and detailed data were available in many states, including Alabama and Georgia. 

EPA concurs that ‘on-the-books’ enforceable state and local controls should be included in the 

modeling emissions inventories to the extent that credible data is available and the affected sources 

can be identified. EPA has included all EPA-approved and enforceable local controls, including some 

controls from SIPs. 

EPA concurs with the majority of commenters that emission reduction estimates from the NESHAP 

for Institutional Boilers and Process Heaters should not be included because the rule was not final at 

the time the modeling was performed. Thus, EPA did not incorporate emission reduction estimates 

from the NESHAP for Major Sources: Industrial, Commercial, and Institutional Boilers and Process 

Heaters (75 FR 32006) into the proposal or final modeling. Reductions from this rule would not have 

impacted the 2012 base case or downwind contribution modeling due to its implementation schedule, 

and only the 2014 emissions would have been affected. 

Finally, EPA reviewed the assignment of EGUs and non-EGUs and reclassified EGU sources found 

to be in the non-EGU inventory into the 2005 EGU inventory to prevent double counting of futureyear emissions. EPA also deleted from the inventory all identified duplicate units and facilities.

Organization: South Carolina Department of Health and Environmental Control

Organization Type: State / Local Air Agency

DHEC compared the emissions inventory data in the Transport Rule docket to data from the 

Association for Southeastern Integrated Planning (“ASIP”) and VISTAS, ASIP’s successor. ASIP and 

VISTAS are regional efforts, organized to develop SIP-quality technical data and information to 

support haze, ozone, and PM2.5 SIP submittals. One part of addressing these regional issues is 

investing significant resources into the development of robust emissions inventories that build on the 

deficiencies of federal inventories and models. The ASIP inventories to which we have compared the 

Transport Rule data are more refined, and thus when we compare the two, we lend more weight to the 

ASIP data. [EPA-HQ-OAR-2009-0491-2677.1 p.12]

DHEC’s first concern with emissions inventory data is that the 2012 Transport Rule emissions 

assumptions of SO2 from the nonpoint sector in South Carolina, excluding fires, are 16,819 tons higher 

than nonpoint emissions, excluding fires, in the 2012 ASIP inventory. [EPA-HQ-OAR-2009-0491-

2677.1 p.12]

In analyzing the detailed data by source, it appears that most of the differences we found were from 

industrial residual fuel combustion. The 2012 Transport Rule data also lists 16,527 tons of SO2 from 

industrial residual fuel, while the 2012 ASIP inventory projects no emissions from this source. In the 

2012 ASIP inventory, DHEC determined that all residual oil use in South Carolina was accounted for 

in our point source inventory, so there was no usage in the nonpoint inventory. DHEC also submitted 

zero tons for industrial residual oil for the area source inventory for the 2008 NEI. The 2012 Transport 

Rule inventory should not include emissions from industrial residual oil use. The 2012 nonpoint 

emissions data, excluding fires, used for the Transport Rule are inflated. [EPA-HQ-OAR-2009-0491-

2677.1 p.12]
27

DHEC’s second concern is that the 2012 Transport Rule nonroad data emissions assumptions of NOX

and SO2 are much higher than the 2012 ASIP inventory estimates. The 2012 Transport Rule nonroad 

NOX assumption is 1.6 times higher than the ASIP inventory and the SO2 is 18 times higher. After 

much difficult analysis, it seems that the majority of the difference is coming from the commercial 

marine sector of the inventories. The commercial marine NOX emissions assumption in the 2012 

Transport Rule is 33,905 tons, compared with the 7,666 tons in the ASIP inventory. The commercial 

marine SO2 emissions assumption in the proposal is 22,520 tons, versus 996 tons in the ASIP 

inventory. We do not know exactly how the 2005/2012 Transport Rule commercial marine data was 

generated, but it seems questionable since it is so much higher than the 2012 ASIP value. [EPA-HQOAR-2009-0491-2677.1 p.12]

DHEC’s third concern is that much of the emissions inventory data in the docket is in almost useless 

formats. Some of the data files are in a Linux format that required specialized database skills to convert 

to a useful Windows format. DHEC has spent much of the comment period researching simply how to 

open and format the data in the docket, taking away valuable time from the actual analysis of the data. 

[EPA-HQ-OAR-2009-0491-2677.1 p.12]

Response: EPA concurs with the portion of this comment raising concerns with the nonpoint fuel 

combustion and nonroad mobile parts of the inventory in SC. In response to this comment, EPA 

evaluated the available information as described above in the comment, and concluded that the updated 

SC data (with no industrial residual oil combustion) developed by VISTAS was a more credible source 

of data for the industrial residual fuel combustion. To address this, EPA removed the emissions from 

industrial residual fuel combustion from the South Carolina nonpoint inventory. Also, EPA updated 

the C3 marine portion of the nonroad emissions as described in response to several other comments. 

are substantially reduced due to the reallocation of C3 commercial marine vessel emissions into 

adjusted state-federal water boundaries. 

EPA does not concur with the comment on formats. The data were provided in modeling commaseparated-value (CSV) format used by emissions modelers, which can be read by Microsoft®

Wordpad®as well as other commonly available tools. We encourage all reviewers of EPA data to 

contact EPA in advance of the end of the comment period for assistance with data concerns, which did 

not happen in this case. EPA strives to provide complete and accurate information for its regulatory

efforts and will consider including additional summaries in the future.

Organization: Texas Commission on Environmental Quality

Organization Type: State/Local Air Agency

Additionally, the EPA failed to consider local controls that went into effect after 2005. Thus, the 

estimates for future base case NOX emissions from the non-electric generating utility (non-EGU) sector 

are substantially overestimated, particularly for the Houston-Galveston- Brazoria (HGB) ozone 

nonattainment area, for whom the EPA assumes 19,000 tons per year (tpy) of NOX emissions present 

in the future base case that are not actually occurring. This significant error biases the results of the 

EPA's modeling against states that have made substantial NOX reductions after 2005. Please refer to 

further analysis in the 'Non-EGU Emissions Inventory and Local Control Programs' ·portion of our 

comments below. [EPA-HQ-OAR-2009-0491-2857.2, pp.2-3]
28

Non-EGU Emissions Inventory and Local Control Programs

The EPA did not consider local controls that went into effect after 2005 and the EPA's estimates for 

future base case NOx emissions from the non-EGU sector are substantially overestimated, particularly

for the HGB ozone nonattainment area. [EPA-HQ-OAR-2009-0491-2857.2, p.12]

The EPA acknowledges (Emissions Inventory Technical Support Document, page 11, Docket ID No. 

EPA-HQ-OAR-2009-0491-0050) that local controls that might have been necessary for areas to attain 

the 1997 PM2.5 NAAQS annual standard, 2006 PM2.5 NAAQS (24-hour) standard, and the 1997 

ozone NAAQS are not included in the future base case projections. The EPA's rationale for ignoring 

local controls post 2005 is that nonattainment areas for the 1997 PM2.5 and ozone standards were not 

announced until 2004 and 2005 respectively, and the corresponding state implementation plans were 

not due until 2007 and 2008. However, the EPA's rationale is flawed and while it may explain why 

such controls are not accounted for in the 2005 emissions inventory, it is not a rational justification for 

ignoring these local NOx controls in the future case, given that the EPA did not act to propose this rule 

in concert with designations for the 1997 PM2.5 and ozone standards. The EPA's failures are not a 

rational basis for creating additional flawed programs that would have significant costs to the nation's 

economy.

• Areas such as the HGB area with a 2007 attainment date for the one-hour ozone NAAQS have 

had significant NOx reductions after 2005.

• Controls for the 1997 eight-hour ozone NAAQS in some areas, such as the Dallas-Fort Worth 

eight-hour ozone nonattainment area, would have been put in place' after 2005 but before the future 

base case years that EPA is using, in the Clean Air Transport Rule modeling.

As the EPA acknowledges (75 FR 45329), the NOx Mass Emission Cap and Trade (MECT) program 

for the HGB area has been a very effective local control program that has resulted in substantial 

reductions in NOx emissions in the area. The MECT program is included in the Texas SIP and 

approved by EPA. Significant reductions in NOx emissions from the non-EGU sector in the HGB area 

have occurred post 2005 as a result of the MECT program. Based on review of the non-EGU comment 

spreadsheet provided by the EPA in the Docket (Document ID No. EPA-HQ-OAR-2009-0491-0128)

and matching approximately 60 of the facilities which the EPA identifies as "key facilities" in the HGB 

area with the TCEQ 2008 emissions inventory data, the TCEQ calculates that the EPA is overestimating NOx emissions in the HGB area non-EGU sector by at least 70 percent. For these facilities 

alone, this equates to more than 19,000 tpy of NOx emissions that the EPA's models assume to be 

present in the future base case that are not actually occurring. The TCEQ cannot assess the full extent 

that NOx emissions in the HGB area are over-estimated Rule because the EPA did not provide a full 

inventory of the non-EGU facilities. This significant error in the predicted future NOx emissions biases 

the results of the EPA's modeling against states that have made substantial NOx reductions after 2005 

as part of SIP activities. [EPA-HQ-OAR-2009-0491-2857.2, p.12-13]

The spreadsheet (Document ID No. EPA-HQ-OAR-2009-0491-0128) that the EPA requests states use 

to make comments regarding local controls is incomplete and only includes those sources that the EPA 

determined to be "key facilities" based on their· reporting more than 100 tpy of NOx, S02, or PM. 

Since the EPA admits that it does not have adequate knowledge of the local control programs, it should 

not predetermine those facilities that are key to the implementation of the local controls. Furthermore,

comprehensive local control measures such as the MECT program in the HGB area cannot be properly

represented in the spreadsheet due to the EPA's arbitrary criteria for selecting facilities. The MECT 

program applies to major sources with a potential to emit 25 tpy of NOx from applicable units and to 
29

minor sources with an uncontrolled design capacity to emit of 10 tpy, many of which are not included 

inEPA's spreadsheet. [EPA-HQ-OAR-2009-0491-2857.2, p.13-14]

Given the time constraints that the EPA has imposed on states for providing information on local 

controls, the TCEQ can only provide summary information regarding the EPA-approved SIP control 

measures that resulted in reductions after 2005. [EPA-HQ-OAR-2009-0491-2857.2, pp.14-15]

• Modeling the MECT program cap is the most accurate and reliable method for modeling NOx 

emissions for the HGB area. The estimated ·NOx emission cap for the MECT' program in the 

HGB area modeled in the recent attainment demonstration SIP 'revision for the 1997 eight-hour 

ozone NAAQS is approximately 44,000 tpy and includes the EGU sector. The nonMECT point 

source NOx emissions in the HGB area were estimated to be approximately 6,850 tpy in the 

2006 base case emissions inventory. This information is available on page B-I05 of Appendix 

B of the adopted HGB attainment demonstration SIP reVlszon at:http://VlTWW.tceq.state.tx. 

us/implementation/air /sip/HGB eight hour .html. The EPA-approved rules implementing the 

NOxMECTprogram include:

o Texas Administrative Code (TAC) Chapter 101, Subchapter H, Division 3, §§101.350 

-101.363;

o 30 TAC Chapter 117, Subchapter B, Division 3, §§117.300 -356;

o 30 TAC Chapter 117, Subchapter C, Division 3, §§117.1200 -1256; and 

o 30 TAC Chapter 117, Subchapter D, Division 1, §§117·2000 -2045.

• The TCEQ cement kiln NOx control rules for cement kilns outside the DFW 1997 eight-hour 

ozone non attainment area were implemented in 2005 and earlier. Therefore, any NOx 

reductions resulting from these earlier rules would be accounted for the 2005 base case 

emissions inventory used by the EPA. The more recent cement kiln rules for the DFW 2007 

attainment demonstration for the 1997 eight-:hour ozone NAAQS were adopted in 2007 and 

implemented in 2009. The DFW cement kiln rules were implemented as mandatory ozone 

season (March through October) NOx emission source caps (30-day rolling average) for all 10 

cement kilns in Ellis County. The source cap for each company is calculated based on NOx 

emission factors for the type of cement kiln and historical clinker production rates from 2003, 

2004, and 2005. The EPA-approved rules implementing the DFW cement kiln rules and the 

site-specific NOx source caps are as follows: 

o 30 TAC Chapter 117, Subchapter E, Division 2, §§117·3100 -3145;

o Ash Grove Texas L.P. (EPA FIPS / Plant ID: 48139/2) Source Cap: 4.4 tons per day

(tpd);

o Holcim Texas L.P. (EPA FIPS / Plant ID: 48139/22) Source Cap: 5.3 tpd; ando TXI 

Operations L.P. (EPA PIPS / Plant ID: 48139/9) Source Cap: 7.9 tpd.

• The TCEQ adopted three other non-EGU NOx control rules during the DFW 2007 attainment 

demonstration SIP revision that are also approved by the EPA and included in the Texas SIP. 

These rules implemented stringent NOx emission control requirements for a wide range of 

commercial, industrial, and institutional sources in the DFW 1997 eight-hour ozone 

nonattainment area as well as numerous stationary gas-fired internal combustion engines in 33 

attainment counties east and southeast of the DFW area. The implementation dates for these 

rules were March 2009 and March 2010. The TCEQ cannot integrate the expected control 

levels from these rules into the EPA's non-EGU spreadsheet given the limited time provided in 

the comment period. Additionally, two of the rules apply to stationary internal combustion 

engines at sources that may be in the area source inventory rather than the point source 

inventory and cannot be a accounted for in EPA's spreadsheet. These TCEQ rules include:

o 30 TAC Chapter 117, Subchapter B, Division 4, §§117·400 -456;
30

o 30 TAC Chapter 117, Subchapter D, Division 2, §§117.2100 -2145; and

o 30 TAC Chapter 117, Subchapter E, Division 4, §§117-3300 -3345.

The technical support document spreadsheet regarding reductions resulting from federal measures such 

as the National Emission Standards for Hazardous Air Pollutants (NESHAP) for reciprocating internal 

combustion engines (TR_EI_NODA_relevant_CoSTpackets_and_inventories.xls) that the EPA has 

posted on its ftp site for this NODA appears to indicate that the EPA is crediting NOX reductions from 

the NESHAP regulation in 40 Code of Federal Regulations Part 63, Subpart ZZZZ as part of the 

Transport Rule modeling. The TCEQ does not dispute that the installation of nonselective catalytic 

reduction (NSCR) systems on stationary rich-burn engines to meet the hazardous air pollutant (HAP) 

limits in the final rule will also result in NOX reductions. As noted by the EPA in the document 

provided with the NODA and the Federal Register publication (75 FR 51578) for the final rule of 

Subpart ZZZZ, these NOX reductions are co-benefits of the control technology potentially installed to 

meet the enforceable limits in Subpart ZZZZ and are not enforceable under federal rule. However, in 

the EPA's technical support document for the Transport Rule emissions inventories, the EPA indicates 

that for local SIP controls to be included in the final rule: "1) the SIPs must be approved and made 

available, and 2) the control measures and technologies are provided in such a way that they can be 

applied to our inventories (e.g., control efficiencies or emission reductions matched to specific NEI 

facilities, units, and/or source category codes (SCCs))." The TCEQ objects to the EPA holding itself to 

far less stringent requirements than states are being expected to meet for the EPA to acknowledge local 

controls after 2005 for purposes of the Transport Rule. 

As discussed in the comments submitted by the TCEQ during the original Transport Rule comment 

period, the TCEQ has implemented control strategies that have resulted in significant NOX reductions 

in Texas. Among these TCEQ rules are enforceable NOX emission specifications for stationary

reciprocating internal combustion engines that went into effect after 2005 that are approved by the 

EPA (December 3, 2008, 75 FR 73562) as part of the Texas SIP and were also included in the Texas 

Transport SIP, which was acknowledged as received by the EPA on May 6, 2008, but on which the 

EPA has not yet taken action. The following is a summary of the gas-fired stationary reciprocating 

internal combustion NOX rules that the EPA approved in 2008.

 For the Dallas-Fort Worth (DFW) Eight-Hour Ozone Nonattainment Area (Collin, Dallas, 

Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties), the NOX emission

specifications for stationary gas-fired engines rated 5o horsepower (hp) and larger are between 

0.50 and 0.70 grams per horsepower-hour (g/hp-hr), depending on the fuel type and burn type 

(rich or lean). These emission standards apply to existing and new engines both major and 

minor sources in the DFW Eight-Hour Ozone Nonattainment Area and are found in 3o TAC 

Chapter 117, §117.410(b)(4) and §117.2110(a)(1) .

 For the East Texas Combustion Rule counties (Anderson, Brazos, Burleson, Camp, Cass, 

Cherokee, Franklin, Freestone, Gregg, Grimes, Harrison, Henderson, Hill, Hopkins, Hunt, Lee, 

Leon, Limestone, Madison, Marion, Morris, Nacogdoches, Navarro, Panola, Rains, Robertson, 

Rusk, Shelby, Smith, Titus, Upshur, Van Zandt, and Wood Counties), the NOX emission 

specifications for stationary rich-burn gas-fired engines are 0.50 g/hp-hr for rich-burn engines 

equal to or greater than 500 hp (0.60 g/hp-hr for landfill gas-fired engines) and l.0 g/hp-hr for 

rich-burn engines between 240 hp and 500 hp . These emission standards apply to existing and 

new engines at both major and minor sources in these 33 East Texas counties and are found in 

30 TAC Chapter 117, §ii7.3310(a)(1) [EPA-HQ-OAR-2009-0491-3866 p4-5].
31

The EPA's projected emissions data for drilling rigs in Texas do not agree with the projected emissions 

data for 2012 and 2014 from the 2009 study, Drilling Rig Emission Inventory for the State of Texas, 

conducted by Eastern Research Group, Inc. (ERG), which is the basis of the original 2005 emissions 

data that the TCEQ provided to the EPA. The EPA should provide a clear explanation of, and the basis 

for, the assumptions that were used to grow or control the emissions data that the TCEQ provided on 

oil and gas drilling rig emissions. Without such explanation in the public docket available for public 

comment, the TCEQ cannot properly evaluate and comment on the discrepancy between the EPA's 

projected emissions data and the results of the ERG study. The EPA should either explain the 

methodology used to project the drilling rig emissions data to 2012 and 2014 or use the projected 

emissions data from the ERG study that the TCEQ used to provide the original emissions data. [EPAHQ-OAR-2009-0491-3866 p5]

Response: EPA concurs that ‘on-the-books’ enforceable state and local controls should be included in 

the modeling emissions inventories to the extent that credible data is available and the affected sources 

can be identified. EPA has included all EPA-approved and enforceable local controls that could be 

identified and quantified. This includes controls from SIPs. EPA worked with TCEQ staff to identify

potential updates to the Texas emissions projections in response to comments on the proposed 

Transport Rule. As a result of this interaction, EPA applied HGB local NOX control information for 

non-EGU point sources controlled by the HGB Mass Emission Cap and Trade (MECT) program

provided by TCEQ. These controls were applied to year 2012 and year 2014 projected inventories. 

EPA also included the emissions reductions from the enforceable cement and RICE NESHAP controls 

including NOX control information at Dallas-Fort Worth (DFW) cement kilns in 2012. EPA 

incorporated the year 2012 and 2014 oil and gas emissions data for drilling rigs from the ERG study to 

match TCEQ estimates for this sector.

EPA also considered other reductions cited by TCEQ, and reviewed the Texas Administrative Code to 

identify any reductions identified with adequate specificity to be included in EPA inventories. EPA 

determined that the code did not provide sufficient detail to provide a basis for EPA to adjust its 

inventories. EPA worked with TCEQ staff to obtain additional detail so that the reductions could be 

applied to EPA inventories as appropriate. EPA did not receive detailed information associated with 

all of the regulations cited in the comment; however, EPA incorporated all reductions that could be 

identified with adequate specificity.

In addition to posting the full modeling inventories, EPA provided a spreadsheet workbook of “key

facilities” and “key units” so that stakeholders could provide comments on implemented local controls 

and on shutdown facilities and units. The “key facilities” workbook only included sources above 

100tpy of NOx, PM, or SO2 to keep it to a tractable size and to focus reviewers’ efforts on larger 

sources. The “Commenter instructions” sheet of the workbook instructed that commenters were not 

restricted to providing comments on the included facilities, and that commenters could add additional 

facilities or units as needed. The provided modeling inventories were described in the Emission 

Inventory Technical Support Document. Thus, EPA disagrees with TCEQs suggestion that EPA did 

not provide the entire inventory and that it improperly limited comments to only certain sources. EPA 

has incorporated comments on sources of all sizes and types in the final modeling where detailed 

comments have been provided.
32

Organization: Utility Air Regulatory Group 

Organization Type: Utility

UARG provided comments [EPA-HQ-OAR-2009-0491-3773.pdf and EPA-HQ-OAR-2009-0491-

2756.pdf] that EPA failed to account for local emission controls [...] in its future base case projections. 

EPA must consider the effects of local controls on its modeling and on air quality and attainment and 

interference with maintenance of the NAAQS.

Response: EPA concurs that known relevant consent decrees, facility and unit closures, emission caps, 

and control programs should be incorporated into the modeling inventories. EPA reviewed all point 

sources referenced in the individual comments and we did a comprehensive review of consent decrees 

issued between 2003 and 2010 regarding their impact on the base-year and future-year inventories. In 

cases where credible and quantifiable alternative data were available, EPA revised the emission 

inventories to incorporate additional facility and unit closures, consent decrees, emission caps, control 

programs, enforceable local controls, and alternative emission estimates.

Organization: West Virginia Department of Environmental Protection 

Organization Type: State/Local Air Agency

West Virginia DEP provided a spreadsheet [EPA-HQ-OAR-2009-0491-3848.2.xlsx] with plant 

closures, adjustments, and future projections with the intent that the EPA include these updates in their 

final modeling. 

Response: EPA concurs with this comment. EPA incorporated the data provided by the West Virginia 

DEP into the 2012 and 2014 emissions inventories used for the final modeling. These updates included 

facility closures between 2005 and 2010, as well as updated unit-level emissions for NOX, SO2 and PM 

for the future years.

Organization: Wisconsin Power and Light Company

Organization Type: Utility

WPL reinforces that EPA must apply sound science in evaluating downwind impacts required to 

reduce transport and resulting environmental benefits. This requires maintaining updated emissions 

inventories for all economic sectors including both stationary sources and mobile sources. 

Furthermore, it requires the consideration of recently promulgated final rules and consent orders 

applicable to these sources. EPA's models for the proposed CATR must provide credit for these 

reduced SO2 and NOX emissions from other economic sectors by 2012 that will also result in 

improved air quality. WPL believes that EPA's models have not fully accounted for these factors and 

placed greater burden on the utility sector than will be necessary to achieve and maintain National 

Ambient Air Quality Standards (NAAQS). [EPA-HQ-OAR-2009-0491-2844.1 p.4]

Response: EPA concurs that up-to-date emission inventories should be used in the final modeling. EPA 

used the latest available estimates for mobile sources based on MOVES 2010 in the final modeling and 

made extensive efforts to include final rules and as many consent orders as could be quantified into the

final modeling. EPA used the best available emissions data available for the modeling at the time the 

modeling was done.