Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations 76539 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF-FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHFFM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

light, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(d) Enforcement period. This section 

will be enforced from 4 a.m. on January 

14, 2009, through 10 p.m. on January 25, 

2009. 

Dated: December 5, 2008. 

Austin J. Gould, 

Commander, U.S. Coast Guard, Captain of 

the Port, Baltimore, Maryland, Acting. 

[FR Doc. E8–29726 Filed 12–16–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2004–0489; FRL–8749–5] 

RIN 2060–AN20 

Air Emissions Reporting Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action finalizes changes 

to EPA’s emission inventory reporting 

requirements. This action consolidates, 

reduces, and simplifies the current 

requirements; adds limited new 

requirements; provides additional 

flexibility to states in the ways they 

collect and report emissions data; and 

accelerates the reporting of emissions 

data to EPA by state and local agencies. 

DATES: This final rule is effective on 

December 17, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2004–0489. All 

documents in the docket are listed on 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Emissions Reporting 

Requirements Docket, EPA/DC, EPA 

West Building, Room 3334, Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact Dennis 

Beauregard, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Assessment Division, Mail Code 

C339–02, Research Triangle Park, North 

Carolina 27711; telephone number: 

(919) 541–5512; fax number: (919) 541– 

0684; e-mail address: 

beauregard.dennis@epa.gov. For legal 

questions, please contact Kristi Smith, 

U.S. EPA, Office of General Counsel, 

Mail Code 2344A, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

telephone (202) 564–3068, e-mail at 

smith.kristi@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

C. Public Comments on Proposed Rule 

D. Judicial Review 

II. Background and Purpose of This 

Rulemaking 

III. Response to Comments 

A. Major Source Definition for Point 

Source Reporting 

B. Harmonizing Report Due Dates 

C. Accelerating Report Due Dates 

D. Reporting Biogenic Emissions 

E. Reporting Emission Model Inputs 

F. Reporting Summer Day Emissions 

G. Reporting Winter Work Weekday 

Emissions 

H. New Data Elements 

I. Identification of New Emissions Related 

Data Requirements 

J. Revisions to Specific Data Elements 

IV. This Action 

A. Consolidation of Reporting 

Requirements 

B. Point Source Reporting 

C. Report Due Dates 

D. Reporting Biogenic Emissions 

E. Reporting Emission Model Inputs 

F. Reporting Summer Day Emissions 

G. Reporting Winter Work Weekday 

Emissions 

H. New Data Elements 

I. Identification of New Emissions Related 

Data Requirements 

J. Revisions to Specific Data Elements 

K. EPA Initiated Changes 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

A. Does this action apply to me? 

Categories and entities potentially 

regulated by this action include: 

Category NAICS 

code a Examples of regulated entities 

State/local/tribal government.92411 State, territorial, and local government air quality management programs. Tribal governments are not 

affected, unless they have sought and obtained treatment as state status under the Tribal Authority 

Rule and, on that basis, are authorized to implement and enforce the Air Emissions Reporting Requirements rule. 

a North American Industry Classification System. 


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1As prescribed by the Tribal Authority Rule (63 

FR 7253, Feb. 12, 1998), codified at 40 CFR part 49, 

subpart A, tribes may elect to seek treatment as 

State (TAS) status and obtain approval to 

implement rules such as the AERR through a Tribal 

Implementation Plan (TIP), but tribes are under no 

obligation to do so. However, those tribes that have 

obtained TAS status are subject to the AERR to the 

extent allowed in their TIP. Accordingly, to the 

extent a tribal government has applied for and 

received TAS status for air quality control purposes 

and is subject to the AERR under its TIP, the use 

of the term State(s) in the AERR shall include that 

tribal government. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action.1 This action 

requires states to report their emissions 

to us. It is possible that some states will 

require facilities within their 

jurisdictions to report emissions to the 

states. To determine whether your 

facility will be regulated by this action, 

you should examine the applicability 

criteria in 40 CFR 51.1 of this rule. If 

you have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this final 

action will also be available on the 

worldwide Web (WWW) through the 

Technology Transfer Network (TTN). 

Following the Administrator’s signature, 

a copy of the final amendments will be 

placed on the TTN’s Clearing House for 

Inventories and Emission Factors 

(CHIEF) Web site at http://www.epa.gov/ 

ttn/chief. 

C. Public Comments on Proposed Rule 

The 120-day comment period for the 

proposed rule expired on May 3, 2006. 

We received comments from 39 

correspondents. These comments were 

submitted by 22 state and local agency 

representatives, 1 organization of state 

and local clean air agencies, 9 

industries, 2 chambers of commerce and 

5 commenters with no identified 

affiliation. While several comments 

were received days after the comment 

period ended, EPA did not treat these 

comments differently from comments 

received during the comment period. 

EPA has carefully considered all 

comments in developing the final 

amendments. Summaries of significant 

comments and EPA’s responses are 

contained in this preamble. All 

comments are summarized and 

addressed in the document titled 

‘‘Response to Comments,’’ which is 

available from the docket. 

D. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act (CAA), judicial review of this 

final rule is available only by filing a 

petition for review in the United States 

Court of Appeals for the District of 

Columbia Circuit by February 17, 2009. 

Only those objections to this final rule 

that were raised with reasonable 

specificity during the period for public 

comment may be raised during judicial 

review. Under section 307(b)(2) of the 

CAA, the requirements that are the 

subject of this final rule may not be 

challenged later in civil or criminal 

proceedings brought by EPA to enforce 

these requirements. 

Section 307(d)(7)(B) of the CAA 

further provides a mechanism for us to 

convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the 

Administrator that it was impracticable 

to raise such objection within [the 

period for public comment] or if the 

grounds for such objection arose after 

the period for public comment (but 

within the time specified for judicial 

review) and if such objection is of 

central relevance to the outcome of the 

rule.’’ Any person seeking to make such 

a demonstration to us should submit a 

Petition for Reconsideration to the 

Office of the Administrator, U.S. EPA, 

Room 3000, Ariel Rios Building, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, with a copy to both the 

persons listed in the preceding FOR

FURTHER INFORMATION CONTACT section, 

and the Associate General Counsel for 

the Air and Radiation Law Office, Office 

of General Counsel (Mail Code 2344A), 

U.S. EPA, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460. 

II. Background and Purpose of This 

Rulemaking 

In today’s action, EPA is amending 

the emission inventory reporting 

requirements in 40 CFR part 51, subpart 

A, and in 40 CFR 51.122. This action 

harmonizes reporting requirements 

under the NOX SIP Call and the 

Consolidated Emissions Reporting Rule 

(CERR). It also removes and simplifies 

some existing emissions reporting 

requirements which we believe are not 

necessary or appropriate; allows states 

to better track changes in source 

emissions, shutdowns, and startups over 

time by using the 40 CFR 70 definition 

of major source for point source 

reporting; deletes a requirement for 

states to report biogenic emissions; and 

offers states the option of reporting 

emission model inputs in lieu of 

reporting emissions for certain source 

categories. These changes were widely 

supported by states because they will 

simplify and reduce the states’ reporting 

burden. 

In the preamble to the January 3, 

2006, AERR proposed rulemaking (71 

FR 69) we discussed state reporting 

requirements under the Clean Air 

Interstate Rule (CAIR) and included 

requirements for CAIR reporting in 40 

CFR 51.123–51.125 under Subpart A. 

On July 11, 2008, the United States 

Court of Appeals for the District Court 

of Columbia Circuit vacated CAIR in its 

entirety. Accordingly, all references to 

CAIR and its reporting requirements 

have been removed from the final 

AERR. If CAIR (or some similar rule) 

becomes effective in the future, EPA 

will initiate a new rulemaking, as 

necessary, to address emission reporting 

requirements for that rule. 

Because we are consolidating, 

harmonizing and updating two preexisting sets of state emissions reporting 

requirements, we are reviewing the 

purpose, authority, and history of 

emissions reporting requirements in 

general. 

Emission inventories are critical for 

the efforts of state, local, and Federal 

agencies to attain and maintain the 

National Ambient Air Quality Standards 

(NAAQS) that EPA has established for 

criteria pollutants, such as ozone, 

particulate matter (PM) and carbon 

monoxide (CO). To assist these efforts, 

EPA initiated an effort in the early 

1990’s to develop a central repository of 

inventory data for all states that is now 

known as the National Emission 

Inventory (NEI). Emission inventory 

data reported electronically under the 

CERR is stored in the NEI database and 

used by EPA and by states for air quality 

modeling, tracking progress in meeting 

CAA requirements, setting policy, and 

answering questions from the public. 

States often use the NEI as a starting 

point in developing emission 

inventories for support of State 

implementation plans (SIPs). 

Pursuant to its authority under 

sections 110 and 172 of the CAA, EPA 

has required SIPs to include inventories 

containing information regarding 

criteria pollutant emissions and their 

precursors (e.g., volatile organic 

compounds (VOC)). The EPA codified 

these inventory requirements in subpart 

Q of 40 CFR part 51 in 1979 and 

amended them in 1987. 

The 1990 Amendments to the CAA 

revised many of the CAA provisions 

related to the attainment of the NAAQS 

and the protection of visibility in Class 

I areas. These revisions established new 

periodic emission inventory 

requirements applicable to certain areas 

that were designated nonattainment for 


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2Other CAA provisions relevant to these 

proposed amendments include section 172(c)(3) 

(requires SIPs for nonattainment areas to include 

comprehensive, current inventory of actual 

emissions, including periodic revisions); section 

182(a)(3)(A) (requires emission inventories from 

ozone nonattainment areas); and section 187(a)(5) 

(requires emission inventories from CO 

nonattainment areas). 

3 It is important to note that the NOX SIP Call 

requires a special all-sources report by affected 

States for the 2007 inventory year due December 31, 

2008. While the CAIR had removed the requirement 

to submit the special all-sources report, the recent 

vacatur of CAIR in its entirety means that the 

special all-sources report is once again a 

requirement under the NOX SIP Call. 

certain pollutants. For example, section 

182(a)(3)(A) required states to submit an 

emission inventory every 3 years for 

ozone nonattainment areas beginning in 

1993. Similarly, section 187(a)(5) 

required states to submit an inventory 

every 3 years for CO nonattainment 

areas. The EPA, however, did not 

immediately codify these statutory 

emission reporting requirements in the 

CFR, but simply relied on the statutory 

language to implement them. 

Title IV of the 1990 CAA 

Amendments also added requirements 

for reporting of emissions by sources 

subject to the Acid Rain Program (ARP). 

Affected sources must report hourly 

NOX, SOX and CO2 data to EPA’s Clean 

Air Markets Division on a quarterly 

basis. Generally, these sources report 

annual NOX and SOX data aggregated 

from the hourly ARP data as well as 

other criteria and precursor pollutant 

emissions to states to satisfy reporting 

requirements for state permitting and 

emission inventory programs. 

In 1998, EPA promulgated the NOX

SIP Call which required the affected 

states and the District of Columbia to 

submit SIP revisions providing nitrogen 

oxides (NOX) reductions to reduce their 

adverse impact on downwind ozone 

nonattainment areas. See 63 FR 57356 

(October 27, 1998). As part of that rule, 

codified in 40 CFR 51.122, EPA 

established emissions reporting 

requirements to be included in the SIP 

revisions required under that action. 

Another set of emissions reporting 

requirements, the CERR, was 

promulgated by EPA in 2002, and is 

codified at 40 CFR part 51, subpart A. 

See 67 FR 39602 (June 10, 2002). These 

requirements replaced the requirements 

previously contained in subpart Q of 40 

CFR part 51, expanding their geographic 

and pollutant coverages, while 

simplifying them in other ways. 

The principal statutory authority for 

the emission inventory reporting 

requirements outlined in this preamble 

is found in CAA section 110(a)(2)(F), 

which provides that SIPs must require 

‘‘as may be prescribed by the 

Administrator * * * (ii) periodic 

reports on the nature and amounts of 

emissions and emissions-related data 

from such sources.’’ Section 301(a) of 

the CAA provides authority for EPA to 

promulgate regulations under this 

provision.2 At present, the emissions 

reporting requirements applicable to 

states are contained in two different 

locations: Subpart A of 40 CFR part 51 

(the CERR) and 40 CFR 51.122 in 

subpart G (the NOX SIP Call). This final 

rule will consolidate these 

requirements, with modifications as 

described below. The modifications are 

intended to harmonize, reduce, and 

simplify the emissions reporting 

requirements, and also make emissions 

reporting easier. 

Under the NOX SIP Call requirements 

in 40 CFR 51.122, NOX emissions for a 

defined 5-month ozone season (May 1 

through September 30) from sources 

that the state has subjected to emissions 

control to comply with the NOX SIP Call 

are required to be reported by the 

affected states to EPA every year. 

However, NOX emissions from sources 

reporting directly to EPA as part of the 

NOX trading program are not required to 

be reported by the states to EPA every 

year. The affected states are also 

required to report ozone season 

emissions and typical summer work 

weekday emissions of NOX from all 

sources every third year (2002, 2005, 

2008, etc.). This triennial reporting 

process does not have an exemption for 

sources participating in the NOX SIP 

Call emissions trading program. Section 

51.122 requires that a number of data 

elements be reported in addition to 

ozone season NOX emissions. These 

data elements describe some of the 

source’s specific physical and 

operational parameters. 

Emissions reporting under the NOX

SIP Call (promulgated October 27, 1998) 

was required for the 2002 inventory year 

which was the year prior to the 

emissions reductions requirement. The 

reports are due to EPA on December 31 

of the year following the inventory year. 

For example, emissions from all sources 

and types in the 2002 ozone season 

were required to be reported on 

December 31, 2003. However, because 

the Court which heard challenges to the 

NOX SIP Call delayed the 

implementation by one year to 2004, see 

Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 

2000), cert. denied, 121 S. Ct. 1225, 149 

L. ED. 135 (2001), no state was required 

to start reporting until the 2003 

inventory year. In addition, EPA 

subsequently promulgated a rule to 

subject Georgia and Missouri to the NOX

SIP Call with an implementation date of 

2007. See 69 FR 21604 (April 21, 2004). 

For these states, emissions reporting 

began with 2006. The emissions 

reporting requirements under the NOX

SIP Call presently affect the District of 

Columbia and 20 states. 

As noted above, the other set of 

emissions reporting requirements is 

codified at subpart A of part 51. 

Although entitled the ‘‘Consolidated 

Emissions Reporting Rule,’’ the CERR 

left in place separate reporting 

requirements for the NOX SIP Call under 

40 CFR 51.122. The CERR requirements 

were aimed at obtaining emissions 

information to support a broader set of 

purposes under the CAA than were the 

reporting requirements under the NOX

SIP Call. The CERR requirements apply 

to all states and include the reporting of 

all criteria pollutants and criteria 

pollutant precursors. 

The CERR and the NOX SIP Call both 

require states to report emissions of all 

sources at 3-year intervals (inventory 

years 2002, 2005, 2008, etc.). However, 

there are a number of differences 

between the two rules. The CERR also 

requires reporting of certain large 

sources every year, and the required 

reporting date under the CERR is 5 

months later than under the NOX SIP 

Call reporting requirements. Also under 

the CERR, emissions must be reported 

by all states as a total for the entire 

inventory year, for a typical work 

weekday in winter, and for a typical 

work weekday in summer, but not a 

total for the 5-month ozone season as is 

required by the NOX SIP Call. The NOX

SIP Call requires a special all-sources 

report by affected states for the year 

2007 due December 31, 2008.3 Finally, 

the CERR and the NOX SIP Call differ 

in what non-emissions data elements 

must be reported. 

III. Response to Comments 

We have addressed all comments in 

detail and placed them in the Response 

to Comments document in the docket. 

The comments that concern significant 

proposed changes have been 

summarized and addressed, as 

discussed below. As an aid to the 

reader, we have grouped related 

comments under headings that generally 

correspond to the organization of the 

proposed rulemaking. 

A. Major Source Definition for Point 

Source Reporting 

In all states, we proposed to expand 

the definition of sources that must be 

reported in the point source format, 


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4We use the term ‘‘nonpoint source’’ to refer to 

a stationary source that is treated for inventory 

purposes as part of an aggregated source category 

rather than as an individual facility. In the existing 

subpart A of part 51, such emissions sources are 

referred to as ‘‘area sources.’’ However, the term 

‘‘area source’’ is used in section 112 of the CAA to 

indicate a nonmajor source of hazardous air 

pollutants, which could or could not be a point 

source. As emission inventory activities 

increasingly encompass both NAAQS-related 

pollutants and hazardous air pollutants, the 

differing uses of ‘‘area source’’ can cause confusion. 

Accordingly, EPA is substituting the term 

‘‘nonpoint source’’ for the term ‘‘area source’’ in 

subpart A and in subpart G (§ 51.122 to avoid 

confusion. 

resulting in fewer sources included in 

the nonpoint source formats.4 We 

proposed to base the requirement for 

point source format reporting on 

whether the source is a major source 

under 40 CFR part 70 for the pollutants 

for which reporting is required, i.e., for 

CO, VOC, NOX, sulfur dioxide (SO2), 

PM2.5, PM10, lead and ammonia (NH3). 

Those major sources were further 

classified as Type A (large sources) and 

Type B (small sources), with differing 

reporting requirements for each type. 

Currently, the requirement for point 

source reporting is based on thresholds 

of actual emissions during the inventory 

year. While it has always been an option 

for states to include all such sources, 

and we know that some states already 

do, expanding the point source 

definition may require more sources to 

be reported as point sources every third 

year. Affected states would continue to 

report their actual emissions, but the 

new approach would make it possible to 

better track changes in source 

emissions, shutdowns, and start-ups 

over time. Because states have existing 

lists of sources subject to 40 CFR part 

70 requirements, this approach would 

result in a more stable universe of 

reporting point sources, which in turn 

would facilitate elimination of overlaps 

and gaps in estimating point source 

emissions, as compared to nonpoint 

source emissions. Under this proposal, 

states would know well in advance of 

the start of the inventory year which 

sources would need to be reported. We 

proposed that these new requirements 

begin with the 2008 inventory year. 

We received a number of comments 

on the provision regarding point source 

format reporting. All commenters 

supported changing the definition of a 

point source for reporting purposes to 

that used in 40 CFR part 70. Therefore, 

EPA intends to implement this reporting 

change but with certain caveats 

prompted by other comments, as 

discussed below. 

One commenter thought that the table 

included in the definition for point 

source in the proposed rule was 

inconsistent with the proposed 

reporting requirements using the Title V 

definition. The commenter noted that 

the definition for ‘‘type A source’’ 

seemed inconsistent with the proposed 

change from actual emissions to 

‘‘potential to emit.’’ 

The EPA agrees with the commenter 

that there were some inconsistencies in 

the proposed rule. The preamble for the 

proposed rule stated that EPA is 

‘‘proposing to base the requirement for 

point source format reporting on 

whether the source is a major source 

under 40 CFR part 70 for the pollutants 

for which reporting is required * * *.’’ 

This indicated that reporting thresholds 

for all point sources would be based 

upon the 40 CFR part 70 definition of 

‘‘potential to emit’’ (PTE). However, we 

further stated that ‘‘we are proposing to 

expand the definition of what sources 

must be reported in point source format 

so that fewer sources would be included 

in nonpoint source emissions.’’ Later in 

the preamble, we stated that ‘‘this 

change may require more sources to be 

reported as point sources every third 

year.’’ Both sentences imply that the 

change would apply only to Type B 

sources. Application of the 40 CFR part 

70 point source definition to all point 

sources would likely require some 

existing Type B point sources to be 

reported each year as Type A sources, 

which was not identified as a likely 

change in point source reporting. 

The EPA used the definition for point 

source to establish that use of the 40 

CFR part 70 major source definition 

would begin with the 2008 inventory 

year. Point source reporting for years 

prior to 2008 would continue to be 

based upon use of ‘‘actual emissions.’’ 

However, the point source definition 

includes a table for reporting Type A 

and B sources, and that table indicates 

that the reporting thresholds in the table 

are ‘‘in tons per year of actual 

emissions.’’ While EPA intended that 

the emissions reported would continue 

to be actual emissions, PTE was to be 

used to determine point source 

reporting requirements, and no 

consideration of this change is included 

in the table. 

The proposed definition for Type A 

sources required use of ‘‘actual annual 

emissions’’ to determine reporting 

requirements. However, the use of 

actual annual emissions to determine 

Type A sources appears to conflict with 

the point source definition (applicable 

to both Type A and B point sources), 

which indicated that emission reporting 

for 2008 and later years would be 

determined using the 40 CFR part 70 

definition of ‘‘major source,’’ which 

uses PTE. 

Given the confusing preamble 

language and apparent conflict in the 

text of the regulation, EPA will accept 

use of either approach to determine 

Type A point source reporting 

requirements for the 2009 inventory 

year. For the inventory years following 

2009, EPA will expect states to use the 

40 CFR part 70 major source definition 

for all point sources to simplify 

reporting requirements, as discussed in 

the proposal preamble. Accordingly, 

EPA has revised the definition of Type 

A sources and Table 1 in Appendix A 

to subpart A to make clear that the 40 

CFR part 70 definition of major source 

will be used to determine point source 

reporting requirements following the 

2009 inventory year. 

B. Harmonizing Report Due Dates 

The CERR reporting dates are 5 

months later than the NOX SIP Call. The 

NOX SIP Call rule requires the affected 

states to submit emission inventory 

reports for a given ozone season to EPA 

by December 31 of the following year, 

12 months after the end of the inventory 

year. The CERR requires similar but not 

identical reports from all states by the 

following May 31, 17 months after the 

end of the inventory year. The EPA 

believes that harmonizing these 

reporting dates would be efficient for 

both states and EPA. 

The EPA proposed to shorten the 

timeline of 17 months for reporting 

under the CERR to be consistent with 

the 12 months for reporting under the 

NOX SIP Call. A second alternative 

requiring 12 months for reporting of 

point sources and 17 months for 

nonpoint and mobile sources was also 

proposed. 

Most commenters expressed support 

for the concept of harmonizing the 

reporting requirements under the NOX

SIP Call and the CERR, but were 

concerned about the alternative of using 

the 12-month timeline for some or all 

sources for the 2008 inventory year. In 

general, the commenters were 

concerned that a 12-month timeline 

might compromise the quality of the 

data and urged EPA to harmonize the 

report due date at 17 months for all 

emission sectors (point, nonpoint, and 

mobile). 

The EPA agrees with the concerns of 

the commenters regarding the proposal 

to tighten the timeline to 12 months for 

the 2008 inventory year, and 

accordingly, has decided to delay 

implementing the AERR and the 12- 

month timeline for reporting of all 

emission sectors until 2009. Since the 

2009 and 2010 inventory years require 

reporting for Type A (large point) 

sources only, one impact of this action 


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is to delay implementing a 12-month 

timeline for reporting of all sources 

until the 2011 inventory year, which is 

the next 3-year comprehensive emission 

inventory year. For the 2008 inventory 

year, retaining the existing 17-month 

timeline under the CERR will provide 

additional stability for states using the 

new data submittal and operating 

procedures for the Emission Inventory 

System (EIS), which will be operational 

for the 2008 inventory year. The 17- 

month timeline will allow state agencies 

to adapt to the new data reporting and 

system requirements without 

introducing additional constraints and 

uncertainty to the process. It will also 

provide a complete inventory cycle for 

EPA to correct any problems with the 

new system procedures. 

The EPA notes that although some 

commenters supported a 17-month 

timeline for reporting of all source 

emissions for the 2008 inventory year, 

we did not propose to extend the 

existing 12-month timeline for reporting 

under the NOX SIP Call. Thus, the NOX

SIP Call 12-month timeline will be 

retained for the 2008 inventory year, 

and harmonized reporting under the 

AERR will be implemented for the 2009 

inventory year. 

C. Accelerating Report Due Dates 

The EPA believes that the public is 

best served by making environmental 

information available as soon as 

possible. Therefore, we proposed that 

the reporting schedule be further 

accelerated for the triennial year 2011 

and all following years by requiring that 

emissions data from all point sources be 

reported within 6 months from the end 

of the inventory year, i.e., by June 30 of 

the following year. Under the proposed 

rule, reporting on all other sources 

would be required within 12 months, 

i.e., by December 31 of the following 

year. There is precedent for requiring 

reporting of point source emissions data 

within 6 months. For example, 

beginning with the year 1979, states 

were required, under subpart Q, to 

report point source emissions data 

within 6 months. We invited comment 

on alternative reporting schedules of 6 

to 12 months for point sources and 12 

to 17 months for all other sources. 

Most commenters were concerned 

with the proposed 6-month timeline for 

states to submit point source data for the 

2011 inventory year. The commenters 

generally indicated that the accelerated 

schedule would create a very short 

timeframe for point sources to gather the 

emissions data needed to report to states 

and for states to process and quality 

assure the data, resulting in incomplete 

and inconsistent data quality. Several 

commenters thought that tightening the 

timeline for point sources to 9 to 12 

months would be possible. Some of the 

commenters thought that 17 months 

would continue to be needed for the 

nonpoint and mobile source inventory 

sectors due to the unavailability of data 

on a shorter schedule from other 

agencies needed to develop the 

emission estimates. 

Two commenters wanted to retain the 

existing 17-month timeline for reporting 

point, nonpoint, and mobile source 

data. One of the commenters expressed 

concerns that were based primarily on 

having to conduct a similar data 

collection and compilation effort within 

California. The commenter thought that 

the time to conduct this state-based 

effort made accelerating the Federal 

emissions reporting timeline to less than 

17 months unrealistic and could 

compromise data quality. The other 

commenter expressed opposition to the 

concept of a bifurcated reporting system 

which would require submittal of point 

and nonpoint/mobile source sector data 

on separate dates. 

Two commenters thought that Webbased submittal tools needed to move 

beyond the developmental stage before 

it would be possible to shorten the 

reporting timeframe to 12 months. One 

of the two commenters further indicated 

that much of the activity data needed to 

develop the nonpoint source estimates 

are not available until 12 to 15 months 

after the inventory year and thought 

EPA should consider using previous 

year data as a surrogate for the current 

year. 

The EPA agrees with the concerns 

expressed by most of the commenters 

regarding the proposed 6-month 

timeline for submittal of point source 

data by the 2011 inventory year. When 

EPA developed the proposed 

rulemaking, a project known as the 

‘‘Rapid Inventory Development Pilot’’ 

was initiated. The EPA has now 

evaluated the results of the project and 

believes that a 6-month timeline for 

developing and submitting inventory 

data is not yet achievable on a 

consistent basis with application of 

proper quality assurance procedures for 

all emission inventory source sectors. 

However, the project did demonstrate 

that a timeline shorter than the existing 

17 months is possible, since a number 

of states involved in the project were 

able to submit data to EPA 10 months 

after the emission inventory year. 

The EPA understands that some 

difficulties were encountered by several 

of the states participating in the project, 

which indicates that additional time is 

needed to refine both the electronic 

tools and the procedures to support, on 

a consistent basis, development and 

submittal of emissions data on an 

expedited timeline. To allow additional 

time for technological improvements, 

EPA will implement a 12-month 

timeline for data submittals beginning 

with the 2009 inventory year. The effect 

of this will be to require reporting of 

Type A (large point) sources using a 12- 

month timeline for the 2 years before 

the comprehensive triennial emission 

inventory effort for the 2011 inventory 

year. This will allow for additional 

development of electronic tools and 

refinement of data submittal procedures 

and for states to become familiar with 

operation of the new EIS before the 2011 

triennial inventory is due. 

D. Reporting Biogenic Emissions 

We proposed to remove a requirement 

in the existing CERR for states to report 

annual and typical ozone season day 

biogenic emissions. Biogenic emissions 

are estimated by a computer model 

using meteorological and land use/land 

cover data as inputs. Because EPA can 

develop these data inputs directly 

without having them reported by state, 

local, and tribal agencies, we believe the 

requirement for reporting biogenic 

emissions serves no useful purpose. 

This change does not affect our 

expectation that biogenic emissions be 

appropriately considered in ozone and 

PM2.5 attainment demonstrations. 

Many comments were submitted on 

the biogenic emissions reporting 

requirement, and all supported EPA’s 

proposal to not include biogenic 

emissions reporting in the AERR. Based 

upon the support expressed by the 

commenters, EPA will implement this 

part of the AERR as proposed by not 

including the existing reporting 

requirements (under the CERR) for 

annual and typical ozone season day 

biogenic emissions. 

E. Reporting Emission Model Inputs 

We proposed a new provision that 

would allow states the option of 

providing emission inventory 

estimation model inputs in lieu of the 

actual emissions estimates developed 

from those inputs. This provision was 

limited to source categories for which, 

prior to the report due date, EPA 

developed or adopted emissions 

estimation models and through 

guidance defined their necessary inputs. 

This provision would allow states to 

take advantage of new emissions 

estimation tools for greater efficiency, 

although the states would continue to be 

required to provide inputs 

representative of their conditions. 

Under this option, EPA will run the 

emissions model(s) to calculate 


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emissions and will enter the emissions 

data into the appropriate database. 

Section 51.15(d) limited this option to 

‘‘* * * models capable of estimating 

emissions from a certain source type on 

a national scale * * *.’’ and thus 

restricted its application to nonpoint 

and mobile source emission categories. 

We proposed that this option would be 

available starting with the reports on 

2005 emissions. Furthermore, we 

invited comment on requiring states to 

provide model inputs for source 

categories for which they have utilized 

a widely available emissions model as a 

means of improving the transparency of 

the emission estimates themselves and 

the overall utility of the submissions in 

meeting the objectives of the emissions 

reporting requirements. Providing 

model inputs would improve EPA’s 

ability to assess the quality of the states’ 

emission estimates and to project future 

emissions. 

We received several comments on this 

provision. Most of the comments were 

in favor of allowing the option to report 

model inputs in lieu of the emissions 

estimated from the models. However, 

many of the commenters did not want 

to see the reporting of model inputs 

become a reporting requirement. 

The EPA agrees with the majority of 

commenters who supported the option 

of submitting input data in lieu of 

emission estimates and will make this 

an option. Although the proposed rule 

indicated this option would be available 

for reporting emissions for the 2005 

inventory year, EPA intends to delay 

implementation of this option until the 

2007 inventory year (due date May 31, 

2009) since this rule was not published 

before the due date for data from the 

2005 inventory year (May 31, 2007). 

Although EPA encourages states to 

submit model inputs where they have 

used a widely available model to 

develop emission estimates, states will 

not be required to submit input data 

when they provide emission estimates. 

The EPA notes that emissions data 

based upon physical measurements are 

generally preferred over estimates 

developed using models or emission 

factors, but the Agency believes that 

models and emission factors are 

appropriate emission estimation tools 

when addressing the ubiquitous nature 

of some sources and attempting to 

account for the many variables affecting 

certain annual emission estimates. To 

improve the application of models and 

emission factors, EPA urges states to 

develop locally derived input data 

based upon physical measurements 

wherever possible. 

F. Reporting Summer Day Emissions 

We proposed to retain the 

requirement for reporting of summer 

day emissions from all sources (except 

biogenic sources) at three-year intervals, 

but to restrict the requirement to only 

those states with ozone nonattainment 

areas or states covered by the NOX SIP 

Call. We proposed to restrict the 

requirement to VOC and NOX

emissions, but we invited comment on 

whether CO emissions should be 

required also. 

Several commenters supported EPA’s 

proposal for reporting of summer day 

emissions of NOX and VOC. Two 

commenters thought that ozone seasonday NOX, VOC and CO emissions 

should be reported for all areas, while 

two other commenters questioned the 

value of reporting summer day VOC and 

NOX emissions. Another commenter 

thought that requiring ozone season and 

daily emissions for point, nonpoint, and 

nonroad sources was redundant since 

the temporal parameters needed to 

calculate these emissions were required 

to be reported. 

One commenter thought that summer 

day emissions of CO should not be 

reported, while two other commenters 

believed that reporting CO summer day 

emissions was necessary but only for 

CO nonattainment areas. 

The EPA agrees with the majority of 

the commenters that the reporting 

requirements for summer day emissions 

(VOC and NOX) from all sources (except 

biogenic sources) at 3-year intervals 

should only include states with ozone 

nonattainment areas and states covered 

by the NOX SIP Call. However, EPA 

believes that it is appropriate to also 

include summer day emissions 

reporting for sources in attainment 

counties that are covered by the 

nonattainment area modeling domain 

used to demonstrate reasonable further 

progress (RFP). The EPA’s current 

guidance requires RFP calculations to be 

done on an ‘‘average summer weekday 

emissions’’ basis. If the state takes credit 

for reductions from outside the 

nonattainment area, the requirement 

will be to determine whether there were 

reductions in average summer weekday 

emissions from those sources. 

The EPA believes that reporting of CO 

summer day emissions is not necessary 

since, as noted by one commenter, other 

data elements already reported allow 

summer day emissions to be derived 

and CO emissions, unlike VOC and NOX

emissions, are not used for tracking 

RFP. Therefore, reporting of CO summer 

day emissions regardless of ozone 

attainment status will not be a 

requirement under the AERR. 

The proposed rule indicated that ‘‘We 

are proposing to retain the requirement 

for reporting of summer day emissions 

* * *.’’ However, the CERR actually 

requires reporting of ‘‘work weekday 

emissions.’’ for point sources and 

‘‘summer work weekday emissions’’ for 

nonpoint and mobile sources. Although 

we did not receive comments on the 

work weekday versus summer day 

emissions issue, we realize that the 

preamble language indicated that no 

changes would be made to the summer 

day emissions definition contained in 

the CERR (beyond the proposal to 

restrict the requirement to ozone 

nonattainment and NOX SIP Call areas), 

but the proposed AERR regulatory 

language made additional changes to the 

definition of ‘‘summer day emissions’’ 

since the CERR required ‘‘work weekday 

emissions’’ for point sources and 

‘‘summer work weekday emissions’’ for 

nonpoint, nonroad mobile and onroad 

mobile sources. 

Accordingly, in recognition of the 

conflicting language and as indicated in 

the preamble to the proposed rule, the 

final rule will retain the definition of 

and requirement to report ‘‘summer day 

emissions’’ for all sources revised only 

to the extent that it will restrict the 

requirement to ozone nonattainment 

areas (including sources in counties that 

are covered by the modeling domain 

used to demonstrate RFP) and NOX SIP 

Call areas. In addition, the definition for 

summer day emissions has been revised 

to require the use of work weekday 

emissions (as required under the CERR) 

when estimating summer day emissions 

for reporting. 

G. Reporting Winter Work Weekday 

Emissions 

We proposed to delete the existing 

requirement that all states report 

emissions for a winter work weekday. 

This requirement was originally aimed 

at tracking progress towards attainment 

of the CO NAAQS. We stated our belief 

that applying this requirement to all 

states was no longer warranted given 

that CO violations are currently 

observed in few areas and indicated that 

we would work directly with the few 

remaining affected states to monitor 

efforts to attain the CO NAAQS without 

requiring formal submission of CO 

inventories. 

Most commenters supported EPA’s 

proposal to delete the reporting 

requirement for winter work weekday 

emissions of CO. However, one 

commenter opposed EPA’s proposal to 

eliminate the existing reporting 

requirement. The commenter thought 

that the requirement should be retained 

for states that are required to submit 


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5Additional information on emissions data 

elements and the formats and valid codes presently 

in use for State reporting to EPA is available on the 

EPA Web site http://www.epa.gov/ttn/chief/nif/ 

index.html. 

6Environmental Data Registry: Latitude/ 

Longitude Standard. 2000. U.S. EPA. December 11, 

2000. http://oaspub.epa.gov/edr/edr_proc_

qry.navigate?P_LIST_OPTION_CD=CSDIS&P_

REG_AUTH_IDENTIFIER=1&P_DATA_IDENTIFIER

=19939&P_VERSION=2. 

emission inventory data as part of their 

CO maintenance plans. 

The EPA finds the comment that CO 

reporting is needed for CO maintenance 

plans to be compelling. This need was 

not considered in the proposed rule. As 

noted by the commenter, CO 

maintenance plans require tracking of 

emission reductions to ensure 

continued maintenance of the CO 

NAAQS. Reporting emissions under this 

rule will aid in standardizing the data 

reported and facilitate review of the data 

by interested parties. 

A concern not raised by commenters 

but brought to EPA’s attention since the 

proposed rule was published relates to 

requests from states to discontinue 

monitoring of ambient CO 

concentrations in certain areas that have 

been redesignated to attainment for CO. 

The EPA’s approval of such requests is 

conditioned on the expectation that 

emissions will not increase and areas 

will continue to maintain the CO 

NAAQS. To provide a means of 

ensuring that the CO NAAQS are 

maintained in areas that no longer have 

ambient CO monitors, emissions 

reporting becomes even more critical. 

The proposed rule indicated that EPA 

could work on a case-by-case basis with 

the few remaining CO nonattainmment 

areas regarding reporting of winter work 

weekday emissions. However, in this 

final rule, EPA has determined that for 

those areas in which EPA determines 

that reporting is still needed, reporting 

emissions under this rule will ensure 

that CO emissions are reported 

periodically and that the data are in a 

standardized format that will facilitate 

data review and thus help ensure 

attainment and maintenance of the CO 

NAAQS. Therefore, to monitor progress 

toward attaining and maintaining the 

CO NAAQS, EPA will retain the 

requirement for reporting winter work 

weekday emissions of CO, but will limit 

it to CO nonattainment areas and areas 

with CO maintenance plans. 

H. New Data Elements 

We proposed to add several required 

data elements to the existing rule. These 

were contact name, contact phone 

number, emission release point type, 

control status, emission type, and 

method accuracy description (MAD) 

codes. 

The contact name and phone number 

are for the lead contact in the 

organization submitting the data and are 

needed to ensure that EPA knows who 

to contact if issues arise with a data 

submission. 

The emission release point type is a 

code for the physical configuration of 

the emission release point (e.g., vertical 

stack, fugitive, etc.). It is needed to 

correctly model how emissions are 

released into the atmosphere. 

The control status is a code that 

represents whether reported emissions 

are controlled or uncontrolled. It is 

needed to project future emissions 

correctly and to evaluate the impact of 

emission control programs correctly. We 

also invited comment on whether, with 

this addition, the current data elements 

that describe emissions control 

equipment type and efficiency were 

adequate. We indicated our belief that it 

is important for states to report on the 

manner in which emissions from 

sources are currently controlled so that 

opportunities for control strategy and 

regulatory development could be 

assessed. We questioned whether the 

existing data elements were adequate 

and appropriate for that purpose. The 

existing data elements related to control 

measures are primary control efficiency, 

secondary control efficiency, control 

device type, and rule effectiveness for 

point sources; and total capture/control 

efficiency, rule effectiveness, and rule 

penetration for nonpoint sources and 

nonroad mobile sources.5

The emission type is a code 

describing the temporal period of 

emissions reported (e.g., annual, day, 

etc.). It is needed to ensure that 

emissions estimates are used properly. 

The MAD codes provide information 

about geographic coordinates, including 

the collection method, accuracy, and 

other descriptors. We proposed to add 

MAD codes to this rule because EPA’s 

Latitude/Longitude Data Standard 6

requires their collection when latitude 

and longitude are collected. The MAD 

codes are horizontal collection method 

code, horizontal accuracy measure, 

horizontal reference datum code, 

reference point code, source map scale 

number, and coordinate data source 

code. The EPA believed that many states 

would be able to report these codes 

based on existing information. However, 

in the event that the information needed 

to report these codes was not available, 

states would not be required to do 

additional work since there is a ‘‘don’t 

know’’ code. 

While several commenters supported 

EPA’s proposal to add new data 

elements to this rule, a number of other 

commenters appeared to be confused by 

EPA’s proposal since the NEI Input 

Format (NIF) included many of the new 

data elements, and they were already 

reporting the data to EPA. These 

commenters believed that adding the 

new data elements to this rule was not 

necessary and that the proper place for 

such detailed information was in the 

NIF data reporting format or in guidance 

documents. Two commenters in this 

group suggested that a Federal-state task 

force be established to review, revise, 

finalize, and implement changes in code 

details. 

The EPA believes that both data 

reporting rules and data reporting 

formats, such as the NIF, are needed for 

effective data reporting. Although this 

rule and NIF address many common 

data elements for reporting to EPA, their 

purposes are somewhat different. Data 

reporting rules identify data elements 

and timelines for reporting. Data 

reporting formats such as the NIF 

address the details of how the data are 

to be reported to facilitate handling of 

the data by EPA. 

The EPA does not believe that using 

a data formatting protocol such as the 

NIF is an effective way to communicate 

data needs with state agencies. The EPA 

has codified data reporting requirements 

since states need to understand what 

data will be required and when it will 

be required by EPA to implement 

programs under the Clean Air Act. The 

EPA continues to believe that data 

elements for reporting and timelines for 

submitting data are fundamental 

requirements for states and therefore are 

appropriate levels of detail to be 

addressed through the rulemaking 

process. 

One commenter suggested that a 

Federal-state task force be established to 

review, revise, finalize, and implement 

changes in code details. Such a task 

force has since been established to help 

with developing the new EIS. The EPA 

expects the task force to update tools 

and guidance materials for data 

reporting, as well as periodically review 

data elements and reporting codes for 

use by state agencies. 

Two commenters thought that the 

addition of a control status code would 

not make the status of a facility any 

more clear and believed that the control 

status of a facility could be determined 

from other data elements already 

required for reporting under the CERR 

and proposed under the AERR (e.g., 

control device codes and control 

efficiency). 

One of the commenters pointed out 

that EPA’s detailed reporting 

instructions provide for the ‘‘control 

device’’ data element to specify 


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nonphysical equipment control 

techniques such as ‘‘low solvent 

coatings,’’ ‘‘water-borne coatings,’’ 

‘‘process change,’’ and several varieties 

of combustion modifications. 

The EPA notes that ‘‘control status’’ 

was the only new data element in the 

proposal that was not already in the NIF 

Version 3.0 and thus was perceived as 

a new data reporting requirement by 

several commenters. This new data 

element would require states to indicate 

if a source is controlled or uncontrolled. 

The EPA agrees with the concerns 

expressed by the commenters that this 

new data element is not needed. The 

data reporting requirements proposed 

under this action for control types and 

efficiencies in combination with 

reporting codes for those data elements 

will be sufficient to discern whether or 

not sources are uncontrolled or 

controlled and to what extent. 

Therefore, EPA has decided to not 

include Control Status as a new data 

element in this action. 

One commenter stated that the 

current data fields for point sources do 

not ask for the total capture/control 

efficiency, which is required for 

nonpoint sources. The commenter 

thought that the capture efficiency along 

with the total capture/control efficiency 

should be required for point sources 

since the current requirements for 

primary and secondary control 

efficiencies do not provide a way to 

determine the overall control efficiency. 

The EPA believes that the ‘‘total capture 

and control efficiency’’ data element 

proposed for point source reporting 

addresses the commenter’s concern 

since this data element is intended to 

require data reporting on the overall 

effects of multiple control systems. 

One commenter did not believe that 

‘‘Rule Effectiveness’’ had ever been 

explained adequately and stated that it 

was not apparent how or if it could be 

used without knowledge of how it 

relates to the other terms. The EPA 

disagrees with the commenter’s 

concerns. In the spring of 2004, EPA 

convened a workgroup consisting of 

emission inventory staff from state, 

local, and EPA offices to review existing 

rule effectiveness (RE) guidance and 

develop a consensus recommendation 

for improvements to this guidance. The 

revised RE guidance developed by the 

workgroup is found in Appendix B of 

the document titled Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter National 

Ambient Air Quality Standards 

(NAAQS) and Regional Haze 

Regulations—EPA–454/R–05–001 

(August 2005, updated November 2005). 

The EPA believes the workgroup 

presented a clear rationale regarding 

development and implementation of the 

new approach to adjusting emission 

inventories to address RE, explaining 

how RE can be used to adjust the 

control efficiency, from what could be 

realized under ideal conditions to what 

is actually emitted in practice due to 

less than ideal conditions. Accordingly, 

EPA has expanded the regulatory 

definition of RE to explain how it is 

used in making these adjustments. 

Several commenters were generally 

opposed to any additional reporting 

requirements for states that would be 

passed on to businesses but offered no 

specific concerns with the individual 

requirements. The reporting 

requirements of this rule will apply to 

states and not to sources. However, we 

recognize that in some cases, states will 

need to modify their data reporting rules 

to meet the requirements of this rule for 

data elements to be reported and the 

new timelines for reporting. The EPA 

notes that the burden estimate from the 

proposed rule’s Supporting Statement 

for the Information Collection Request 

(ICR) indicates the AERR will not 

increase the reporting burden on states 

or impose an additional burden on 

sources. 

I. Identification of New Emissions 

Related Data Requirements 

We invited comment on whether or 

not additional emissions related data 

should be required. Several commenters 

encouraged EPA to include specific 

requirements in this rule for reporting 

hazardous air pollutants (HAPs) 

emissions data for Title V facilities. One 

commenter encouraged EPA to include 

requirements for reporting HAPs from 

all emission sources. 

The EPA is not including 

requirements for reporting HAPs in this 

rule. However, EPA has developed 

national level inventories of HAP 

emissions on a 3-year cycle since 1990. 

These inventories have provided 

support for development of HAP control 

programs, helped assess HAP air quality 

trends, and provided a means to track 

EPA’s progress on controlling HAP 

emissions under the Government 

Performance Results Act. The success of 

EPA’s efforts rests in large measure on 

the cooperation of states in submitting 

HAP data to EPA to support the 

development of national HAP emission 

inventories. Each emission inventory 

cycle has benefited from increased state 

agency participation in submitting HAP 

data. The EPA believes it will be 

possible to continue developing and 

improving national level HAP 

inventories using the cooperative 

approach employed to date but intends 

to closely monitor the participation of 

state agencies in this effort. The EPA 

understands the concerns of some state 

agencies regarding the need for a HAP 

data reporting rule and may, should the 

need arise, revisit this issue in the 

future. 

J. Revisions to Specific Data Elements 

The NOX SIP Call rule and the CERR 

contain detailed lists of required data 

elements in addition to emissions, and 

each rule has its own set of definitions. 

The two sets of data elements overlap 

but are not identical. The NOX SIP Call 

rule requires a few more data elements 

to be reported and defines some data 

elements differently than the CERR. The 

EPA reviewed both lists in light of more 

recent reporting experiences and EPA’s 

insight into the difficulty states face in 

collecting and submitting these data 

elements and their utility to EPA, other 

states, and other users. We proposed to 

combine the separate lists of required 

elements for the NOX SIP Call and the 

CERR into a single new list in this rule. 

The EPA proposed that the following 

data elements from the NOX SIP Call be 

eliminated: ‘‘Area Designation’’, 

‘‘Federal ID code (plant)’’, ‘‘Federal ID 

code (point)’’, ‘‘Federal ID code 

(process)’’, ‘‘Federal ID code (stack 

number)’’, ‘‘Maximum design rate’’, 

‘‘Work weekday emissions’’, 

‘‘Secondary control efficiency’’, ‘‘Source 

of fuel heat content data’’, ‘‘Source of 

activity/throughput data’’, ‘‘Source of 

emission factor,’’ and ‘‘Source of 

emissions data’’. We proposed that these 

relatively minor changes become 

applicable starting with the first 

required emissions reports following 

promulgation of this rule. 

There were a number of data elements 

required in the proposed amendments 

on which we invited comment as to 

whether they should be dropped in the 

final amendments based upon their 

current usefulness and sufficiency. 

These were heat content (fuel), ash 

content (fuel), sulfur content (fuel) for 

fuels other than coal, activity/ 

throughput, hours per day in operation, 

days per week in operation, weeks per 

year in operation, and start time in the 

day. These data elements were carried 

forward from emissions reporting 

systems previously used by EPA. 

At present, states are required to 

report three particular data elements for 

point source stacks: stack diameter, exit 

gas velocity, and exit gas flow rate. The 

requirement to report all three elements 

is redundant since any one of these can 

be calculated from the other two. We 

invited comment on which of these data 

elements, if any, to drop from the 

required list. Our preference was to 


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collect the data element that was most 

closely tied to an actual operating 

measurement. Alternatively, we 

proposed to allow states to report either 

exit gas flow or exit gas velocity, at their 

option. 

Finally, we proposed to modify 40 

CFR part 51.35 to allow states that 

obtained one-third of their necessary 

emissions estimates from point sources 

and/or prepared one-third of their 

nonpoint or mobile source emissions 

estimates each year on a rolling basis, to 

submit their data as a single package on 

the required every third year submission 

date. The existing requirement allows 

states to report these partial emissions 

estimates annually as they are 

completed. Our proposal required that 

states accumulate all 3 years of work 

and then make a single data submission 

by the due date for the triennial 

emission inventory year. The EPA 

believes that a single submission would 

allow states to correct and/or update 

data prior to submitting it to EPA 

thereby facilitating a more consistent 

data set. A single submission would also 

make it more efficient for EPA to quality 

assure the complete data set rather than 

doing it on a piecemeal basis. There 

would also be increased efficiencies in 

resolving any identified discrepancies 

with the states. 

Most commenters agreed with EPA’s 

proposal to combine the separate lists of 

required data elements for the CERR and 

the NOX SIP Call into a single new list 

of required data elements, thus 

eliminating several requirements from 

the NOX SIP Call: area designation, 

Federal ID code (plant), Federal ID code 

(point), Federal ID code (process), 

maximum design rate, work weekday 

emissions, secondary control efficiency, 

source of fuel heat content data, source 

of activity/throughput data, source of 

emission factor, and source of emissions 

data. Several commenters suggested that 

the list of data elements be maintained 

in the NIF rather than in this rule to 

allow for changes in required data 

elements without the need for 

rulemaking. 

The EPA agrees with the commenters 

who expressed support for the proposed 

deletion of some data elements related 

to the NOX SIP Call. The data elements 

for Federal ID Codes (Plant, Point, 

Process, and Stack Number) were 

assigned to sources subject to the NOX

SIP Call and perform similar ID 

functions to the data elements in the 

proposed rule for Facility ID code, Unit 

ID code, Process ID code, and Stack ID 

code. The NOX SIP Call ID codes are 

redundant with other ID codes in the 

proposed rule and will be deleted. 

The source of fuel heat content data, 

source of activity/throughput data, 

source of emission factor and source of 

emissions data are not used by EPA and 

no commenters addressed the need for 

these data elements specifically. 

Therefore, EPA will delete these data 

reporting requirements as proposed. The 

EPA notes that a code for ‘‘emission 

calculation method code’’ is planned for 

the EIS, which is similar in application 

to the ‘‘source of emission factor’’ data 

element. The ‘‘emission calculation 

method code’’ will allow users to 

indicate calculation methods used for 

developing emission estimates, 

including emission factors, for all 

inventory sectors. 

Many commenters indicated that the 

following data elements proposed for 

deletion were used for a variety of 

applications and should be retained: 

Heat content (fuel), ash content (fuel), 

sulfur content (fuel) for fuels other than 

coal, activity/throughput, hours per day 

in operation, days per week in 

operation, weeks per year in operation 

and start time in the day). One 

commenter supported deleting only the 

data element for ash content (fuel), 

while several commenters thought that 

the data element for start time should be 

deleted. Only one commenter thought 

that all the data elements that had been 

carried forward from earlier systems 

should be deleted. 

The EPA agrees with the majority of 

commenters that data elements for heat 

content (fuel), ash content (fuel), sulfur 

content (fuel) for fuels other than coal, 

activity/throughput, hours per day in 

operation, days per week in operation, 

weeks per year in operation should be 

retained since these elements are used 

for a variety of applications. Start time 

in the day (hour) was identified by three 

commenters as not being useful, and 

EPA agrees that this data element 

should be deleted. 

Several commenters indicated that 

any one of the data elements for point 

source stacks could be deleted while 

others specifically asked for deletion of 

the exit gas velocity data element. One 

commenter indicated their state 

collected stack diameter and exit gas 

velocity data and thought that both 

should be retained. 

Many other commenters requested 

that all three data elements be retained 

for a variety of reasons including 

providing a means to make sure that 

data were in agreement and to check 

data entry errors. One commenter 

indicated that his state would continue 

to meet the needs of their end users who 

are accustomed to having all three data 

elements reported and requested that 

EPA handle any data reporting changes 

as software modifications until states 

could extract only the data that EPA 

requests. 

One commenter thought that allowing 

states the option of selecting which two 

stack parameters to report among flow 

rate, velocity and diameter would 

require having all three available for use 

and suggested that no changes be made 

to the existing reporting format. 

Although the stack diameter can be 

calculated by dividing the gas flow rate 

by the gas velocity, no commenters 

suggested deleting the stack diameter 

from the list of data elements. The EPA 

believes it is appropriate to report stack 

diameter data since it can be readily 

determined and has the least amount of 

uncertainty of the stack-related data 

elements. One commenter who 

indicated that all existing stack-related 

data elements would need to be 

reported if states had the flexibility of 

selecting two out of the three for 

reporting appeared to interpret EPA’s 

proposal in the broadest sense. It was 

EPA’s intent to select stack-related data 

elements based upon state preferences 

and apply those requirements 

universally to all point sources. 

The EPA believes that given the 

variety of practices among state agencies 

evidenced in the comments, flexibility 

in reporting should be included in this 

rule for stack-related data elements. 

Therefore, this rule will offer states 

three reporting options: (1) Report all 

three data elements, (2) report only 

stack diameter and exit gas flow rate, or 

(3) report only stack diameter and exit 

gas velocity. 

Section 51.35 of the CERR allows 

states the option of obtaining estimates 

from point sources and/or preparing 

one-third of their nonpoint or mobile 

source emissions estimates each year on 

a rolling basis and submitting data 

annually as they are completed. The 

EPA proposed to allow states to 

continue the option of obtaining 

estimates from point sources and/or 

prepare one-third of their nonpoint or 

mobile source emissions estimates each 

year on a rolling basis, but would have 

limited data submissions to a single 

package on the required third year 

submission date. 

One commenter expressed support for 

the proposed requirement that states 

submit their data as a single package for 

triennial inventories since his state 

followed this practice. Another 

commenter said his state agency had 

always developed a single year’s 

inventory and submitted it as a single 

package. This commenter preferred to 

continue this practice. One commenter 

thought that allowing states to develop 

triennial inventories over 3 years was 


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not practical due to staff turnover and 

EPA’s changing requirements. The 

commenter went on to suggest that a 5- 

year rolling basis be used to be 

consistent with the cycle his state uses 

for smaller sources. 

Aside from the comment noted above, 

this proposal did not generate much 

interest. The few comments received 

suggest that the existing provision under 

Section 51.35 of the CERR, which 

allows triennial emission inventory 

development over a three-year period, is 

impractical and is not utilized by the 

states. However, all commenters were 

supportive of the change to require one 

submission for triennial inventories. 

The EPA agrees with the commenters 

that the change to require one 

submission under section 51.35 is 

appropriate and is modifying this 

provision as proposed. The EPA notes 

that states may use the provisions of 40 

CFR 51.35 to equalize workloads but are 

not required to do so. 

The CERR included a data element for 

reporting of SIC/NAICS codes for point 

sources but did not specify whether the 

codes should also be reported at the 

emission unit level, in addition to the 

facility level. Table 2A to subpart A of 

part 51 in the AERR proposal clarified 

this requirement by including data 

element #41 for reporting of ‘‘SIC/ 

NAICS at the facility and unit levels.’’ 

One commenter thought that 

reporting these codes at the unit level is 

not necessary for emission inventory 

purposes. Guidance from the Census 

Bureau, which develops the SIC/NAICS 

codes, indicates that they are designed 

to reflect the primary economic activity 

of a source, which also brings into 

question the reporting of these codes at 

the unit level. Based upon this 

information, EPA has reconsidered the 

need for reporting these codes at the 

unit level and revised data element #41 

to require the reporting of ‘‘SIC/NAICS 

at the facility level.’’ One additional 

revision concerns the reporting of SIC 

codes as an alternative to NAICS codes. 

Since the January 3, 2006, proposal, 

users of SIC codes have transitioned to 

the new NAICS codes, and EPA finds 

that retaining the reference to ‘‘SIC’’ as 

a reporting alternative is no longer 

necessary. Therefore, data element #41 

has been revised to require the reporting 

of ‘‘NAICS at the facility level’’ and the 

definition for ‘‘SIC/NAICS’’ has been 

revised to address only NAICS codes. 

IV. This Action 

Today’s action further consolidates 

the detailed requirements for emissions 

reporting by states entirely into 40 CFR 

part 51 subpart A. This final rule also 

harmonizes the reporting requirements 

from several CAA rules and reduces and 

simplifies them in several ways. The 

major changes included in this final rule 

are described below. 

A. Consolidation of Reporting 

Requirements 

The EPA hereby amends subpart A, 

which contains 40 CFR 51.1 through 

51.45, with conforming amendments to 

40 CFR 51.122. These amendments also 

add 40 CFR 51.50 and new tables to 

subpart A of part 51. 

In 40 CFR 51.122, we are abolishing 

some requirements entirely and 

replacing other requirements with a 

cross reference to subpart A, thus 

allowing detailed lists of required data 

elements to appear only in subpart A. 

As amended, 40 CFR 51.122 will 

continue to specify what pollutants, 

sources, and time periods the states 

subject to the NOX SIP Call must report 

and when, but will no longer list the 

detailed data elements required for 

those reports. The amended subpart A 

will list the detailed data elements as 

well as provide information on 

submittal procedures, definitions, and 

other generally applicable provisions. 

B. Point Source Reporting 

In all states, we are expanding the 

definition of what sources must be 

reported in point source format, so that 

fewer sources will be included in 

nonpoint source emissions. We are 

basing the requirement for point source 

format reporting on whether the source 

is a major source under 40 CFR part 70 

for the pollutants for which reporting is 

required, i.e., for CO, VOC, NOX, SO2, 

PM2.5, PM10, lead and NH3 but without 

regard to emissions of HAPs. Currently, 

the requirement for point source 

reporting is based on thresholds of 

actual emissions during the inventory 

year. While it has always been an option 

for states to include all such sources, 

and we know that some states already 

do, expanding the point source 

definition may require more sources to 

be reported as point sources every third 

year. In addition, some sources now 

reported as ‘‘Type B’’ point sources 

every third year may be reported as 

‘‘Type A’’ point sources each year. 

Affected states will continue to report 

their actual emissions, but the new 

approach will make it possible to better 

track changes in source emissions, 

shutdowns, and start-ups over time. 

Because states have an existing list of 

sources based on 40 CFR part 70 

requirements, this approach will result 

in a more stable universe of reporting 

point sources, which in turn will 

facilitate elimination of overlaps and 

gaps in estimating point source 

emissions, as compared to nonpoint 

source emissions. Under this 

requirement, states will know well in 

advance of the start of the inventory 

year which sources will need to be 

reported. These new requirements will 

be in effect for all reports for emissions 

starting with the 2009 inventory year. 

C. Report Due Dates 

New due dates under the AERR will 

begin with the 2009 inventory year. For 

the 2008 inventory year, data submittals 

under the CERR will continue to be due 

within 17 months of the end of the 

inventory year (May 31, 2010). The NOX

SIP Call data submittal for the 2008 

inventory year will be due within 12 

months of the end of the inventory year 

(December 31, 2009). 

The EPA is harmonizing reporting 

dates for the NOX SIP Call and the 

AERR beginning with the 2009 

inventory year. The data submittals for 

both will be due by December 31, 2010. 

All subsequent data submittals under 

the AERR and NOX SIP Call will be due 

within 12 months of the end of the 

inventory year. 

D. Reporting Biogenic Emissions 

The requirement for reporting annual 

and typical ozone season day biogenic 

emissions has been removed. 

E. Reporting Emission Model Inputs 

States will have the option of 

providing emissions model inputs to 

EPA in lieu of emissions estimates 

developed from those inputs. This 

option is available only for source 

categories where EPA develops or 

adopts suitable emission inventory 

estimation models and through 

guidance, defines their necessary inputs 

prior to the reporting due date. It is 

further restricted to emission models 

capable of estimating emissions from 

source types on a national scale. Under 

this option, EPA will run the emissions 

model(s) to calculate emissions and will 

enter the emissions data into the 

appropriate database. The EPA is 

making this option available for the 

2007 inventory year (due date May 31, 

2009). 

F. Reporting Summer Day Emissions 

States will report summer day 

emissions of VOC and NOX from point, 

nonpoint and nonroad mobile, and 

onroad mobile sources at 3-year 

intervals for ozone nonattainment areas 

and for sources in attainment counties 

that are covered by the nonattainment 

area modeling domain used to 

demonstrate RFP. States covered by the 

NOX SIP Call will report on an annual 

basis summer day emissions of NOX


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7Examples of anthropogenic sources include, but 

are not limited to, (1) agricultural fires such as 

burning of orchard and field crops and (2) some 

emissions from livestock operations and fertilizer 

application. 

from any point source for which the 

state specified control measures in its 

SIP, and on a triennial basis summer 

day emissions for all point, nonpoint 

and nonroad mobile and onroad mobile 

sources. 

G. Reporting Winter Work Weekday 

Emissions 

The requirement for states to report 

winter work weekday emissions of CO 

is limited to areas with CO maintenance 

plans and CO nonattainment areas. 

H. New Data Elements 

New data elements for contact name, 

contact phone number, emission type, 

emission release point type, and MAD 

codes are now required for reporting 

point source emissions. New data 

elements for contact name and contact 

phone number are now required for 

reporting nonpoint, nonroad mobile and 

onroad mobile source emissions. 

I. Identification of New Emissions 

Related Data Requirements 

There are no new emissions related 

data requirements other than those 

discussed in Section IV.H. above that 

will be required for reporting point, 

nonpoint, or nonroad and onroad 

mobile sources. 

J. Revisions to Specific Data Elements 

States will no longer be required to 

report the following data elements listed 

under the NOX SIP Call (40 CFR 51.122): 

Area Designation, Federal ID Code 

(plant), Federal ID Code (point), Federal 

ID Code (process), Federal ID Code 

(stack number), Maximum design rate, 

Work weekday emissions, Secondary 

control efficiency, Source of fuel heat 

content data, Source of activity/ 

throughput data, Source of emissions 

factor and Source of emissions data. 

States will report their ID codes for 

facility, unit, process and stack. The 

EPA will assign EIS Identifier codes to 

state data once the data are added to the 

NEI. 

For point source emissions, states will 

no longer be required to report start time 

in the day and will have the option of 

reporting one of the following 

combinations: (1) Stack height, exit gas 

velocity and exit gas flow rate; (2) Stack 

height and exit gas velocity; or (3) Stack 

height and exit gas flow rate. 

K. EPA Initiated Changes 

1. Implementation of Data Reporting 

Under the AERR 

In the preamble to the proposed rule 

we said ‘‘The EPA intends to issue final 

amendments during 2006.’’ We 

intended to have the final rule in place 

with sufficient lead time for state 

agencies to modify their data collection 

rules and data systems as necessary to 

meet the new reporting requirements. 

Promulgation of this action is expected 

to occur during 2008 which was the 

initial year of data reporting proposed 

under the AERR. The EPA recognizes 

that the reduced lead time may present 

difficulties for some states to fully 

comply with the requirements of this 

rule and is delaying full implementation 

of the AERR until the 2009 inventory 

year. A provision to allow states to 

submit emission model inputs in lieu of 

emission estimates will be effective 

starting with the 2007 inventory year 

because it provides additional flexibility 

to the states. EPA notes that the 17- 

month timeline for submittal of data 

under the CERR is unchanged in this 

rule for the 2008 inventory year, which 

should aid in transitioning to the new 

reporting requirements. 

2. Early Data Submittal Program 

The EPA proposed a 12-month 

timeline for reporting 2008 point source 

emission inventory data and 17 months 

for nonpoint and mobile source 

emission inventory data. The EPA 

further proposed that this schedule 

would be shortened to 6 months for 

point sources and 12 months for 

nonpoint and mobile source sectors 

starting with the 2011 inventory year. 

Commenters believed these proposed 

timelines were too ambitious, and this 

action delays implementation of the 

new reporting timeline until the 2009 

inventory year. The existing 17-month 

timeline from the CERR for reporting of 

all emission inventory sectors will be in 

effect through the 2008 inventory year. 

The reporting timeline for the 2009 

inventory year and subsequent 

inventory years will be shortened to 12 

months for all emission inventory 

sectors. 

The EPA believes it may be possible 

for some states to achieve data submittal 

timelines that are shorter than 17 

months for the 2008 inventory year and 

is interested in providing a mechanism 

for early data submittal from such states. 

The EPA is considering development of 

a voluntary program that will provide 

several alternatives for states. The 

details of this program will be 

communicated by EPA to states through 

discussions with the National 

Association of Clean Air Agencies 

(NACAA), messages to the CHIEF and 

NEI listservs, and postings on the CHIEF 

Web site. 

3. Data Element for Inventory Type 

The data element for Inventory Type 

describes the type of data submitted and 

its application. The EPA believes this 

data element is not necessary and has 

deleted it from Tables 2A, 2B and 2C for 

reporting emissions from point sources; 

nonpoint sources and nonroad mobile 

sources; and onroad mobile sources. 

The EPA is taking this action for the 

following reasons: (1) Several of the 

emission inventory applications 

described by the codes are not expected 

to be submitted to EPA under this rule, 

(2) data submittals described by this 

data element such as ‘‘HAP inventory’’ 

are no longer appropriate given the 

integrated nature of emission inventory 

development, and (3) data submitters 

can better describe data being submitted 

using a comment field which is 

provided in the Transmittal Record 

under the NIF and XML schemas for 

data formatting. 

4. Data Element for ‘‘SCC or PCC’’ 

The EPA is modifying data element 

#14 in Table 2A to subpart A of part 51 

by eliminating the reference to PCC. The 

PCC (Process Classification Code) 

reference was included in the proposed 

rule to provide data reporting flexibility 

in the event that PCCs were developed 

as replacement codes for SCCs. The 

reference has been removed from this 

final rule because EPA has no plans for 

further development of PCCs at this 

time. 

5. Source Reporting Formats 

Section 51.20 (What are the emission 

thresholds that separate point and 

nonpoint sources?) requires that state 

inventories include all anthropogenic 

stationary sources as either point or 

nonpoint sources.7 As proposed, this 

section would have specifically required 

states under § 51.20(d) to submit 

emission data on wildfires and 

prescribed fires using the nonpoint 

source format. Section 51.20(d) also 

required all sources not subject to the 

point source reporting thresholds be 

submitted using the nonpoint source 

reporting format. However, in 

consideration of the time and effort 

already expended to develop 

mechanisms for reporting such 

emissions as point sources, we have 

revised the language under § 51.20(d) to 

remove the requirement for reporting of 

wildfires and prescribed fires using the 

nonpoint reporting format and further 

revised the language to allow states the 

flexibility of reporting such emissions as 

either point or nonpoint sources, by 

providing a mechanism for states to use 

the point source reporting format for 


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8EPA is developing a Fire Policy with the 

Department of Agriculture that will clarify 

terminology used in this notice regarding wildland 

and agricultural fires. Once that policy is finalized, 

EPA intends to update reporting codes to facilitate 

State reporting of emissions in accordance with the 

final policy. 

sources that are below the point source 

reporting thresholds referenced in 

Sections 51.20(c) and (d).8

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory 

action’’ because it raises novel legal or 

policy issues. Accordingly, EPA 

submitted this action to the Office of 

Management and Budget (OMB) for 

review under EO 12866 and any 

changes made in response to OMB 

recommendations have been 

documented in the docket for this 

action. 

In addition, EPA prepared an analysis 

of the potential costs and benefits 

associated with this action. This 

analysis is contained in ‘‘Supporting 

Statement, Air Emissions Reporting 

Requirements (AERR), EPA ICR 

#2170.02.’’ A copy of the analysis is 

available in the docket for this action 

and the analysis is briefly summarized 

here. 

This final rule will add new reporting 

requirements and will combine these 

new requirements with existing 

requirements from the CERR, NOX SIP 

Call, and the Acid Rain Program. Each 

of these three existing rules has an 

approved ICR. The current ICRs are: ICR 

No. 0916.10 for the CERR; ICR No. 1857 

for the NOX SIP Call; and ICR No. 

1633.13 for the Acid Rain Program. 

The EPA estimates that this final rule 

will reduce the information collection 

burden for each of the 104 respondents 

(state and local agencies) by about 13 

labor hours per year from current levels. 

The annual average reporting burden for 

this collection (averaged over the first 3 

years of this ICR) is estimated to 

decrease by a total of 1,373 labor hours 

per year with a decrease in costs of 

$47,450. From the perspective of the 

sources reporting to the states, EPA does 

not believe that there will be any change 

in reporting burden resulting from 

AERR because the same universe of 

sources will be required to report to the 

states. 

B. Paperwork Reduction Act 

The information collection 

requirements in this rule have been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. The information collection 

requirements are not enforceable until 

OMB approves them. 

The information collection 

requirements in this rule are based on 

the existing Emission Inventory 

Reporting Requirements in 40 CFR part 

51, subparts A and G. In general, these 

provisions require each state to compile 

a statewide inventory of emissions of 

certain criteria pollutants at least every 

3 years for all point, nonpoint, and 

mobile sources. The information 

collection requirements for the existing 

inventory reporting requirements have 

been approved by OMB under control 

number 2060–0088. 

The information collection 

requirements in this final rule are 

mandatory for all states and territories 

(excluding Tribal governments without 

TAS status to implement and enforce 

the AERR rule). These requirements are 

authorized by section 110(a) of the CAA. 

The reported emissions data are used by 

EPA to develop and evaluate state, 

regional, and national control strategies; 

to assess and analyze trends in criteria 

pollutant emissions; to identify 

emission and control technology 

research priorities; and to assess the 

impact of new or modified sources 

within a geographic area. The emission 

inventory data are also used by states to 

develop, evaluate, and revise their SIP. 

This final rule will add new reporting 

requirements and will combine these 

new requirements with existing 

requirements from the CERR, NOX SIP 

Call, and the Acid Rain Program. Each 

of these three existing rules has an 

approved ICR. The current ICRs are 

approved under OMB Control Numbers 

2060–0088 (CERR), 2060–0445 (NOX SIP 

Call), and 2060–0258 (Acid Rain 

Program). 

The EPA estimates that this final rule 

will reduce the information collection 

burden for each of the 104 respondents 

by about 13 labor hours per year from 

current levels. The annual average 

reporting burden for this collection 

(averaged over the first 3 years of this 

ICR) is estimated to decrease by a total 

of 1,373 labor hours per year with a 

decrease in costs of $47,450. From the 

perspective of the sources reporting to 

the states, EPA does not believe that 

there will be any change in reporting 

burden resulting from AERR because the 

same universe of sources will be 

required to report to the states. No 

capital/startup costs or operation and 

maintenance costs for monitoring 

equipment are attributable to the 

proposed amendments. The only costs 

associated with this final rule are labor 

hours associated with collection, 

management, and reporting of data. The 

EPA does not consider the data 

submitted under this rule to be 

confidential, but some states limit 

release of this type of data. Any data 

submitted under this rule will be 

considered in the public domain and 

cannot be treated as confidential. 

Burden is defined at 5 CFR 1320.3(b). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information, 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR part 51 are listed in 40 CFR part 9. 

When this ICR is approved by OMB, the 

Agency will publish a technical 

amendment to 40 CFR part 9 in the 

Federal Register to display the OMB 

control number for the approved 

information collection requirements 

contained in this final rule. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration regulations at 13 CFR 

121.201; (2) a small government 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise that is independently owned 

and operated and that is not dominant 

in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any 

requirements on small entities. This 

action primarily impacts state and local 

agencies, and will provide these 

agencies with additional flexibility in 

how they collect and report emissions 

data. 

D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 


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of $100 million or more for state, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

EPA has determined that this rule does 

not contain a Federal mandate that may 

result in expenditures of $100 million or 

more for state, local, and tribal 

governments, in the aggregate, or the 

private sector in any one year. No 

significant costs are attributable to this 

final rule; in fact, this rule is estimated 

to decrease costs associated with 

emissions inventory reporting. Thus, 

this rule is not subject to the 

requirements of sections 202 or 205 of 

UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

rule does not significantly or uniquely 

affect small governments because it 

contains no requirements that apply to 

such governments or impose obligations 

upon them. 

E. Executive Order 13132: Federalism 

Executive Order 13132 entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by state 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ 

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This rule will 

provide states with additional flexibility 

in how they collect and report 

emissions data. Thus, Executive Order 

13132 does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It will not have substantial direct 

effects on Tribal governments, on the 

relationship between the Federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian Tribes, as 

specified in Executive Order 13175. The 

Tribal Authority Rule means that tribes 

cannot be required to report their 

emissions to us, unless they have 

attained TAS status under the Tribal 

Authority Rule and, on that basis, are 

authorized to implement and enforce 

this rule. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Order has 

the potential to influence the regulation. 

This rule is not subject to Executive 

Order 13045 because it does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

This rule will consolidate, reduce, and 

simplify existing emissions data 

reporting requirements; add limited new 

requirements; provide additional 

flexibility to States in the ways they 

collect and report emissions data; and 

accelerate the reporting of emissions 

data to EPA. Data reporting will be 

conducted electronically and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. Further, we have concluded that 

this rule is not likely to have any 

adverse energy impacts. 

I. National Technology Transfer 

Advancement Act 

As noted in the proposed rule, 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (‘‘NTTAA’’) (Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (E.O.) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This rule establishes 

information reporting procedures for 

emissions of criteria air pollutants from 

stationary and mobile source but does 

not affect the quantities of the pollutants 

emitted. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 


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Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). This rule will be effective 

December 17, 2008. 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Particulate matter, Regional haze, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: December 4, 2008. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I, part 51 of the Code 

of Federal Regulations is amended as 

follows: 

PART 51—[AMENDED] 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

Subpart A—[Amended] 

■ 2. Subpart A is revised to read as 

follows: 

Subpart A—Air Emissions Reporting 

Requirements 

Sec. 

General Information For Inventory 

Preparers 

51.1 Who is responsible for actions 

described in this subpart? 

51.5 What tools are available to help 

prepare and report emissions data? 

51.10 How does my state report emissions 

that are required by the NOX SIP Call? 

Specific Reporting Requirements 

51.15 What data does my state need to 

report to EPA? 

51.20 What are the emission thresholds that 

separate point and nonpoint sources? 

51.25 What geographic area must my state’s 

inventory cover? 

51.30 When does my state report which 

emissions data to EPA? 

51.35 How can my state equalize the 

emission inventory effort from year to 

year? 

51.40 In what form and format should my 

state report the data to EPA? 

51.45 Where should my state report the 

data? 

51.50 What definitions apply to this 

subpart? 

Appendix A to Subpart A of Part 51—Tables 

Appendix B to Subpart A of Part 51— 

[Reserved] 

Subpart A—Air Emissions Reporting 

Requirements 

General Information for Inventory 

Preparers 

§ 51.1 Who is responsible for actions 

described in this subpart? 

States must inventory emission 

sources located on nontribal lands and 

report this information to EPA. 

§ 51.5 What tools are available to help 

prepare and report emissions data? 

(a) We urge your state to use 

estimation procedures described in 

documents from the Emission Inventory 

Improvement Program (EIIP), available 

at the following Internet address: http:// 

www.epa.gov/ttn/chief/eiip. These 

procedures are standardized and ranked 

according to relative uncertainty for 

each emission estimating technique. 

Using this guidance will enable others 

to use your state’s data and evaluate its 

quality and consistency with other data. 

(b) Where current EIIP guidance 

materials have been supplanted by stateof-the-art emission estimation 

approaches or are not applicable to 

sources or source categories, states are 

urged to use applicable, state-of-the-art 

techniques for estimating emissions. 

§ 51.10 How does my state report 

emissions that are required by the NOX SIP 

Call? 

The District of Columbia and states 

that are subject to the NOX SIP Call 

§ 51.121) are subject to the emissions 

reporting provisions of § 51.122. This 

subpart A incorporates the pollutants, 

source, time periods, and required data 

elements for these reporting 

requirements. 

Specific Reporting Requirements 

§ 51.15 What data does my state need to 

report to EPA? 

(a) Pollutants. Report actual emissions 

of the following (see § 51.50 for precise 

definitions as required): 

(1) Required pollutants for triennial 

reports of annual (12-month) emissions 

for all sources and every-year reports of 

annual emissions from Type A sources: 

(i) Sulfur dioxide (SO2). 

(ii) Volatile organic compounds 

(VOC). 

(iii) Nitrogen oxides (NOX). 

(iv) Carbon monoxide (CO). 

(v) Lead and lead compounds. 

(vi) Primary PM2.5 . As applicable, also 

report filterable and condensable 

components. 

(vii) Primary PM10 . As applicable, 

also report filterable and condensable 

components. 

(viii) Ammonia (NH3 ). 

(2) Required pollutants for all reports 

of ozone season (5 months) emissions: 

NOX. 

(3) Required pollutants for triennial 

reports of summer day emissions: 

(i) NOX. 

(ii) VOC. 

(4) Required pollutants for every-year 

reports of summer day emissions: NOX. 

(5) A state may, at its option, include 

estimates of emissions for additional 

pollutants (such as other pollutants 

listed in paragraph (a)(1) of this section 

or hazardous air pollutants) in its 

emission inventory reports. 

(b) Sources. Emissions should be 

reported from the following sources in 

all parts of the state, excluding sources 

located on tribal lands: 

(1) Point. 

(2) Nonpoint. 

(3) Onroad mobile. 

(4) Nonroad mobile. 

(c) Supporting Information. You must 

report the data elements in Tables 2a 

through 2c in Appendix A of this 

subpart. We may ask you for other data 

on a voluntary basis to meet special 

purposes. 

(d) Confidential Data. We do not 

consider the data in Tables 2a through 

2c in Appendix A of this subpart 

confidential, but some states limit 

release of this type of data. Any data 

that you submit to EPA under this 

subpart will be considered in the public 

domain and cannot be treated as 

confidential. If Federal and state 

requirements are inconsistent, consult 

your EPA Regional Office for a final 

reconciliation. 

(e) Option to Submit Inputs to 

Emission Inventory Estimation Models 

in Lieu of Emission Estimates. For a 

given inventory year, EPA may allow 

states to submit comprehensive input 

values for models capable of estimating 

emissions from a certain source type on 

a national scale, in lieu of submitting 

the emission estimates otherwise 

required by this subpart. 

§ 51.20 What are the emission thresholds 

that separate point and nonpoint sources? 

(a) All anthropogenic stationary 

sources must be included in your 

inventory as either point or nonpoint 

sources. 

(b) Sources that meet the definition of 

point source in this subpart must be 

reported as point sources. All pollutants 

specified in § 51.15(a) must be reported 


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for point sources, not just the 

pollutant(s) that qualify the source as a 

point source. The reporting of wildland 

and agricultural fires is encouraged but 

not required. 

(c) If your state has lower emission 

reporting thresholds for point sources 

than paragraph (b) of this section, then 

you may use these in reporting your 

emissions to EPA. 

(d) All stationary sources that are not 

reported as point sources must be 

reported as nonpoint sources. Episodic 

wind-generated particulate matter (PM) 

emissions from sources that are not 

major sources may be excluded, for 

example dust lifted by high winds from 

natural or tilled soil. In addition, if not 

reported as point sources, wildland and 

agricultural fires must be reported as 

nonpoint sources. Emissions of 

nonpoint sources may be aggregated to 

the county level, but must be separated 

and identified by source classification 

code (SCC). Nonpoint source categories 

or emission events reasonably estimated 

by the state to represent a de minimis 

percentage of total county and state 

emissions of a given pollutant may be 

omitted. 

§ 51.25 What geographic area must my 

state’s inventory cover? 

Because of the regional nature of these 

pollutants, your state’s inventory must 

be statewide, regardless of any area’s 

attainment status. 

§ 51.30 When does my state report which 

emissions data to EPA? 

All states are required to report two 

basic types of emission inventories to 

EPA: Every-year Cycle Inventory; and 

Three-year Cycle Inventory. The sources 

and pollutants to be reported vary 

among states. 

(a) Every-year cycle. See Tables 2a, 

2b, and 2c of Appendix A of this 

subpart for the specific data elements to 

report every year. 

(1) All states are required to report 

every year the annual (12-month) 

emissions of all pollutants listed in 

§ 51.15(a)(1) from Type A (large) point 

sources, as defined in Table 1 of 

Appendix A of this subpart. The first 

every-year cycle inventory will be for 

the 2009 inventory year and must be 

submitted to EPA within 12 months, 

i.e., by December 31, 2010. 

(2) States subject to the emission 

reporting requirements of § 51.122 (the 

NOX SIP Call) are required to report 

every year the ozone season emissions 

of NOX and summer day emissions of 

NOX from any point, nonpoint, onroad 

mobile, or nonroad mobile source for 

which the state specified control 

measures in its SIP submission under 

§ 51.121(g). This requirement begins 

with the inventory year prior to the year 

in which compliance with the NOX SIP 

Call requirements is first required. 

(3) In inventory years that fall under 

the 3-year cycle requirements, the 

reporting required by the 3-year cycle 

satisfies the every-year reporting 

requirements of paragraph (a). 

(b) Three-year cycle. See Tables 2a, 2b 

and 2c to Appendix A of subpart A for 

the specific data elements that must be 

reported triennially. 

(1) All states are required to report for 

every third inventory year the annual 

(12-month) emissions of all pollutants 

listed in § 51.15(a)(1) from all point 

sources, nonpoint sources, onroad 

mobile sources, and nonroad mobile 

sources. The first 3-year cycle inventory 

will be for the 2011 inventory and must 

be submitted to us within 12 months, 

i.e., by December 31, 2012. Subsequent 

3-year cycle (2011, 2014, etc.) 

inventories will be due 12 months after 

the end of the inventory year, i.e., by 

December 31 of the following year. 

(2) States subject to § 51.122 must 

report ozone season emissions and 

summer day emissions of NOX from all 

point sources, nonpoint sources, onroad 

mobile sources, and nonroad mobile 

sources. The first 3-year cycle inventory 

will be for the 2008 inventory year and 

must be submitted to EPA within 12 

months, i.e., by December 31, 2009. 

Subsequent 3-year cycle inventories will 

be due as specified under paragraph 

(b)(1) of this section. 

(3) Any state with an area for which 

EPA has made an 8-hour ozone 

nonattainment designation finding 

(regardless of whether that finding has 

reached its effective date) must report 

summer day emissions of VOC and NOX

from all point sources, nonpoint 

sources, onroad mobile sources, and 

nonroad mobile sources. Summer day 

emissions of NOX and VOC for sources 

in attainment counties that are covered 

by the nonattainment area modeling 

domain used to demonstrate reasonable 

further progress (RFP) must be included. 

The first 3-year cycle inventory will be 

for the 2011 inventory year and must be 

submitted to EPA within 12 months, 

i.e., by December 31, 2012. Subsequent 

three-year cycle inventories will be due 

as specified under paragraph (b)(1) of 

this section. 

(4) States with CO nonattainment 

areas and states with CO attainment 

areas subject to maintenance plans must 

report winter work weekday emissions 

of CO with their 3-year cycle 

inventories. 

§ 51.35 How can my state equalize the 

emission inventory effort from year to year? 

(a) Compiling a 3-year cycle inventory 

means more effort every 3 years. As an 

option, your state may ease this 

workload spike by using the following 

approach: 

(1) Each year, collect and report data 

for all Type A (large) point sources (this 

is required for all Type A point sources). 

(2) Each year, collect data for onethird of your sources that are not Type 

A point sources. Collect data for a 

different third of these sources each year 

so that data has been collected for all of 

the sources that are not Type A point 

sources by the end of each 3-year cycle. 

You must save 3 years of data and then 

report all emissions from the sources 

that are not Type A point sources on the 

3-year cycle due date. 

(3) Each year, collect data for onethird of the nonpoint, nonroad mobile, 

and onroad mobile sources. You must 

save 3 years of data for each such source 

and then report all of these data on the 

3-year cycle due date. 

(b) For the sources described in 

paragraph (a) of this section, your state 

will have data from 3 successive years 

at any given time, rather than from the 

single year in which it is compiled. 

(c) If your state chooses the method of 

inventorying one-third of your sources 

that are not Type A point sources and 

3-year cycle nonpoint, nonroad mobile, 

and onroad mobile sources each year, 

your state must compile each year of the 

3-year period identically. For example, 

if a process has not changed for a source 

category or individual plant, your state 

must use the same emission factors to 

calculate emissions for each year of the 

3-year period. If your state has revised 

emission factors during the 3 years for 

a process that has not changed, you 

must resubmit previous years’ data 

using the revised factor. If your state 

uses models to estimate emissions, you 

must make sure that the model is the 

same for all 3 years. 

(d) If your state needs a new reference 

year emission inventory for a selected 

pollutant, your state cannot use these 

optional reporting frequencies for the 

new reference year. 

(e) If your state is a NOX SIP Call 

state, you cannot use these optional 

reporting frequencies for NOX SIP Call 

reporting. 

§ 51.40 In what form and format should my 

state report the data to EPA? 

(a) You must report your emission 

inventory data to us in electronic form. 

(b) We support specific electronic 

data reporting formats, and you are 

required to report your data in a format 

consistent with these. The term format 


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encompasses the definition of one or 

more specific data fields for each of the 

data elements listed in Tables 2a, 2b, 

and 2c in Appendix A of this subpart; 

allowed code values for categorical data 

fields; transmittal information; and data 

table relational structure. Because 

electronic reporting technology changes 

continually, contact the EPA Emission 

Inventory and Analysis Group (EIAG) 

for the latest specific formats. You can 

find information on the current formats 

at the following Internet address: http:// 

www.epa.gov/ttn/chief/nif/index.html. 

You may also call the air emissions 

contact in your EPA Regional Office or 

our Info CHIEF help desk at (919) 541– 

1000 or send e-mail to 

info.chief@epa.gov. 

§ 51.45 Where should my state report the 

data? 

(a) Your state submits or reports data 

by providing it directly to EPA. 

(b) The latest information on data 

reporting procedures is available at the 

following Internet address: http:// 

www.epa.gov/ttn/chief. You may also 

call our Info CHIEF help desk at (919) 

541–1000 or e-mail to 

info.chief@epa.gov. 

§ 51.50 What definitions apply to this 

subpart? 

Activity throughput means a 

measurable factor or parameter that 

relates directly or indirectly to the 

emissions of an air pollution source 

during the period for which emissions 

are reported. Depending on the type of 

source category, activity information 

may refer to the amount of fuel 

combusted, raw material processed, 

product manufactured, or material 

handled or processed. It may also refer 

to population, employment, or number 

of units. Activity throughput is typically 

the value that is multiplied against an 

emission factor to generate an emissions 

estimate. 

Annual emissions means actual 

emissions for a plant, point, or process 

that are measured or calculated to 

represent a calendar year. 

Ash content means inert residual 

portion of a fuel. 

Contact name means the complete 

name of the lead contact person for the 

organization transmitting the data set, 

including first name, middle name or 

initial, and surname. 

Contact phone number means the 

phone number for the contact name. 

Control device type means the name 

of the type of control device (e.g., wet 

scrubber, flaring, or process change). 

Day/wk in operations means days per 

week that the emitting process operates, 

averaged over the inventory period. 

Design capacity means a measure of 

the size of a point source, based on the 

reported maximum continuous 

throughput or output capacity of the 

unit. For a boiler, design capacity is 

based on the reported maximum 

continuous steam flow, usually in units 

of million BTU per hour. 

Emission factor means the ratio 

relating emissions of a specific pollutant 

to an activity or material throughput 

level. 

Emission release point type means the 

code for physical configuration of the 

release point. 

Emission type means the code 

describing temporal designation of 

emissions reported, i.e., Entire Period, 

Average Weekday, etc. 

Exit gas flow rate means the numeric 

value of the flow rate of a stack gas. 

Exit gas temperature means the 

numeric value of the temperature of an 

exit gas stream. 

Exit gas velocity means the numeric 

value of the velocity of an exit gas 

stream. 

Facility ID codes means the unique 

codes for a plant or facility treated as a 

point source, containing one or more 

pollutant-emitting units. The EPA’s 

reporting format for a given inventory 

year may require several facility ID 

codes to ensure proper matching 

between databases, e.g., the state’s own 

current and most recent facility ID 

codes, the EPA-assigned facility ID 

codes, and the ORIS (Department of 

Energy) ID code if applicable. 

Fall throughput (percent) means the 

part of the throughput or activity 

attributable to the three fall months 

(September, October, November). This 

expresses part of the annual activity 

information based on four seasons— 

typically spring, summer, fall, and 

winter. It is a percentage of the annual 

activity (e.g., out of 600 units produced 

each year, 150 units are produced in the 

fall which is 25 percent of the annual 

activity). 

FIPS Code. Federal Information 

Placement System (FIPS) means the 

system of unique numeric codes the 

government developed to identify states, 

counties and parishes for the entire 

United States, Puerto Rico, and Guam. 

Heat content means the amount of 

thermal heat energy in a solid, liquid, or 

gaseous fuel, averaged over the period 

for which emissions are reported. Fuel 

heat content is typically expressed in 

units of Btu/lb of fuel, Btu/gal of fuel, 

joules/kg of fuel, etc. 

Hr/day in operations means the hours 

per day that the emitting process 

operates averaged over the inventory 

period. 

Inventory end date means the last day 

of the inventory period. 

Inventory start date means the first 

day of the inventory period. 

Inventory year means the year for 

which emissions estimates are 

calculated. 

Lead (Pb) means lead as defined in 40 

CFR 50.12. Lead should be reported as 

elemental lead and its compounds. 

NAICS means North American 

Industry Classification System code. 

The NAICS codes are U.S. Department 

of Commerce’s codes for businesses by 

products or services and have replaced 

Standard Industrial Classification codes. 

Maximum nameplate capacity means 

a measure of the size of a generator 

which is put on the unit’s nameplate by 

the manufacturer. The data element is 

reported in megawatts or kilowatts. 

Method accuracy description (MAD) 

codes means a set of six codes used to 

define the accuracy of latitude/ 

longitude data for point sources. The six 

codes and their definitions are: 

(1) Coordinate Data Source Code: The 

code that represents the party 

responsible for providing the latitude/ 

longitude. 

(2) Horizontal Collection Method 

Code: Method used to determine the 

latitude/longitude coordinates for a 

point on the earth. 

(3) Horizontal Accuracy Measure: The 

measure of accuracy (in meters) of the 

latitude/longitude coordinates. 

(4) Horizontal Reference Datum Code: 

Code that represents the reference 

datum used to determine the latitude/ 

longitude coordinates. 

(5) Reference Point Code: The code 

that represents the place for which 

geographic coordinates were 

established. Code value should be 106 

(e.g., point where substance is released). 

(6) Source Map Scale Number: The 

number that represents the proportional 

distance on the ground for one unit of 

measure on the map or photo. 

Mobile source means a motor vehicle, 

nonroad engine or nonroad vehicle, 

where: 

(1) A motor vehicle is any selfpropelled vehicle used to carry people 

or property on a street or highway; 

(2) A nonroad engine is an internal 

combustion engine (including fuel 

system) that is not used in a motor 

vehicle or a vehicle used solely for 

competition, or that is not affected by 

sections 111 or 202 of the CAA; and 

(3) A nonroad vehicle is a vehicle that 

is run by a nonroad engine and that is 

not a motor vehicle or a vehicle used 

solely for competition. 

Nitrogen oxides (NOX) means nitrogen 

oxides (NOX) as defined in 40 CFR 60.2 

as all oxides of nitrogen except N2O. 


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Nitrogen oxides should be reported on 

an equivalent molecular weight basis as 

nitrogen dioxide (NO2). 

Nonpoint sources. Nonpoint sources 

collectively represent individual 

sources that have not been inventoried 

as specific point or mobile sources. 

These individual sources treated 

collectively as nonpoint sources are 

typically too small, numerous, or 

difficult to inventory using the methods 

for the other classes of sources. 

Ozone season means the period from 

May 1 through September 30 of a year. 

Particulate Matter (PM). Particulate 

matter is a criteria air pollutant. For the 

purpose of this subpart, the following 

definitions apply: 

(1) Filterable PM2.5 or Filterable PM10: 

Particles that are directly emitted by a 

source as a solid or liquid at stack or 

release conditions and captured on the 

filter of a stack test train. Filterable 

PM2.5 is particulate matter with an 

aerodynamic diameter equal to or less 

than 2.5 micrometers. Filterable PM10 is 

particulate matter with an aerodynamic 

diameter equal to or less than 10 

micrometers. 

(2) Condensable PM: Material that is 

vapor phase at stack conditions, but 

which condenses and/or reacts upon 

cooling and dilution in the ambient air 

to form solid or liquid PM immediately 

after discharge from the stack. Note that 

all condensable PM, if present from a 

source, is typically in the PM2.5 size 

fraction, and therefore all of it is a 

component of both primary PM2.5 and 

primary PM10. 

(3) Primary PM2.5: The sum of 

filterable PM2.5 and condensable PM. 

(4) Primary PM10: The sum of 

filterable PM10 and condensable PM. 

(5) Secondary PM: Particles that form 

or grow in mass through chemical 

reactions in the ambient air well after 

dilution and condensation have 

occurred. Secondary PM is usually 

formed at some distance downwind 

from the source. Secondary PM should 

not be reported in the emission 

inventory and is not covered by this 

subpart. 

Physical address means the street 

address of a facility. This is the address 

of the location where the emissions 

occur; not, for example, the corporate 

headquarters. 

Point source means large, stationary 

(nonmobile), identifiable sources of 

emissions that release pollutants into 

the atmosphere. A point source is a 

facility that is a major source under 40 

CFR part 70 for the pollutants for which 

reporting is required, except for the 

emissions of hazardous air pollutants, 

which are not considered in 

determining whether a source is a point 

source under this subpart. The 

minimum point source reporting 

thresholds in tons per year of pollutant 

are as follows, as measured in potential 

to emit: 

Pollutant Annual cycle 

(Type A sources) 

Three-year cycle 

Type B sources 1 NAA sources 2

(1) SOX .......................................................................................... ≥2500 ≥100 ≥100. 

(2) VOC .......................................................................................... ≥250 ≥100 O3 (moderate) ≥ 100. 

(3) VOC .......................................................................................... ................................ ................................ O3 (serious) ≥ 50. 

(4) VOC .......................................................................................... ................................ ................................ O3 (severe) ≥ 25. 

(5) VOC .......................................................................................... ................................ ................................ O3 (extreme) ≥ 10. 

(6) NOX .......................................................................................... ≥ 2500 ≥ 100 ≥ 100. 

(7) CO ............................................................................................ ≥ 2500 ≥1000 O3 (all areas) ≥ 100. 

(8) CO ............................................................................................ ................................ ................................ CO (all areas) ≥ 100. 

(9) Pb ............................................................................................. ................................ ≥ 5 ≥ 5. 

(10) PM10 ....................................................................................... ≥ 250 ≥ 100 PM10 (moderate) ≥ 100. 

(11) PM10 ....................................................................................... ................................ ................................ PM10 (serious) ≥ 70. 

(12) PM2.5 ....................................................................................... ≥ 250 ≥ 100 ≥ 100. 

(13) NH3 ......................................................................................... ≥ 250 ≥ 100 ≥ 100. 

1Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant. 

2 NAA = Nonattainment Area. Special point source reporting thresholds apply for certain pollutants by type of nonattainment area. The pollutants by nonattainment area are: Ozone: VOC, NOX, CO; CO: CO; PM10: PM10. 

Pollutant code means a unique code 

for each reported pollutant assigned by 

the reporting format specified by EPA 

for each inventory year. 

Primary capture and control 

efficiencies means two values indicating 

the emissions capture efficiency and the 

emission reduction efficiency of a 

primary control device. Capture and 

control efficiencies are usually 

expressed as a percentage. 

Process ID code means a unique code 

for the process generating the emissions, 

typically a description of a process. 

Roadway class means a classification 

system developed by the Federal 

Highway Administration that defines all 

public roadways as to type based on 

land use and physical characteristics of 

the roadway. 

Rule effectiveness (RE) means a rating 

of how well a regulatory program 

achieves all possible emissions 

reductions. This rating reflects the 

assumption that controls typically are 

not 100 percent effective because of 

equipment downtime, upsets, decreases 

in control efficiencies, and other 

deficiencies in emission estimates. Rule 

effectiveness adjusts the control 

efficiency from what could be realized 

under ideal conditions to what is 

actually emitted in practice due to less 

than ideal conditions. 

Rule penetration means the 

percentage of a nonpoint source 

category covered by an applicable 

regulation. 

SCC means source classification code, 

a process-level code that describes the 

equipment and/or operation which is 

emitting pollutants. 

Site name means the name of the 

facility. 

Spring throughput (percent) means 

part of the throughput or activity 

attributable to the three Spring months 

(March, April, May). See also the 

definition of Fall throughput. 

Stack diameter means the inner 

physical diameter of a stack. 

Stack height means physical height of 

a stack above the surrounding terrain. 

Stack ID code means a unique code 

for the point where emissions from one 

or more processes release into the 

atmosphere. 

Sulfur content means the sulfur 

content of a fuel, usually expressed as 

percent by weight. 

Summer day emissions means an 

average day’s emissions for a typical 

summer work weekday. The state will 

select the particular month(s) in 

summer and the day(s) in the work 

week to be represented. The selection of 

conditions should be coordinated with 

the conditions assumed in the 

development of reasonable further 


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progress (RFP) plans, rate of progress 

plans and demonstrations, and/or 

emissions budgets for transportation 

conformity, to allow comparability of 

daily emission estimates. 

Summer throughput (percent) means 

the part of throughput or activity 

attributable to the three Summer months 

(June, July, August). See also the 

definition of Fall throughput. 

Total capture and control efficiency 

(percent) means the net emission 

reduction efficiency of all emissions 

collection devices. 

Type A source means large point 

sources with actual annual emissions 

greater than or equal to any of the 

emission thresholds listed in Table 1 of 

Appendix A of this subpart for Type A 

sources. If a source is a Type A source 

for any pollutant listed in Table 1, then 

the emissions for all Table 1 pollutants 

must be reported for that source. 

Unit ID code means a unique code for 

the unit of generation of emissions, 

typically a physical piece of or a closely 

related set of equipment. The EPA’s 

reporting format for a given inventory 

year may require multiple unit ID codes 

to ensure proper matching between 

databases, e.g., the state’s own current 

and most recent unit ID codes, the EPAassigned unit ID codes if any, and the 

ORIS (Department of Energy) ID code if 

applicable. 

VMT by SCC means vehicle miles 

traveled disaggregated to the SCC level, 

i.e., reflecting combinations of vehicle 

type and roadway class. Vehicle miles 

traveled expresses vehicle activity and 

is used with emission factors. The 

emission factors are usually expressed 

in terms of grams per mile of travel. 

Because VMT does not correlate directly 

to emissions that occur while the 

vehicle is not moving, nonmoving 

emissions are incorporated into the 

emission factors in EPA’s MOBILE 

Model. 

VOC means volatile organic 

compounds. The EPA’s regulatory 

definition of VOC is in 40 CFR 51.100. 

Winter throughput (percent) means 

the part of throughput or activity 

attributable to the three winter months 

(January, February, December of the 

same year, e.g., winter 2005 is 

composed of January 2005, February 

2005, and December 2005). See also the 

definition of Fall throughput. 

Wk/yr in operation means weeks per 

year that the emitting process operates. 

Work weekday means any day of the 

week except Saturday or Sunday. 

X stack coordinate (longitude) means 

an object’s east-west geographical 

coordinate. 

Y stack coordinate (latitude) means 

an object’s north-south geographical 

coordinate. 

Appendix A to Subpart A of Part 51— 

Tables 

TABLE 1 TO APPENDIX A OF SUBPART A—EMISSION THRESHOLDS BY POLLUTANT (TPY1) FOR TREATMENT OF POINT

SOURCES AS TYPE A UNDER 40 CFR 51.30. 

Pollutant Emissions threshold for 

Type A treatment 

(1) SO2 ............................................................................................................................................................... ≥2500. 

(2) VOC .............................................................................................................................................................. ≥250. 

(3) NOX .............................................................................................................................................................. ≥2500. 

(4) CO ................................................................................................................................................................ ≥2500. 

(5) Pb ................................................................................................................................................................. Does not determine Type A status. 

(6) PM10 .............................................................................................................................................................. ≥250. 

(7) PM2.5 ............................................................................................................................................................. ≥250. 

(8) NH3

2 .............................................................................................................................................................. ≥250. 

1 tpy = Tons per year of actual emissions. 

2Ammonia threshold applies only in areas where ammonia emissions are a factor in determining whether a source is a major source, i.e., 

where ammonia is considered a significant precursor of PM2.5. 

TABLE 2a TO APPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM POINT SOURCES, 

WHERE REQUIRED BY 40 CFR 51.30 

Data elements Every-year 

reporting 

Three-year 

reporting 

(1) Inventory year .................................................................................................................................................... ✓ ✓ 

(2) Inventory start date ............................................................................................................................................ ✓ ✓ 

(3) Inventory end date ............................................................................................................................................. ✓ ✓ 

(4) Contact name ..................................................................................................................................................... ✓ ✓ 

(5) Contact phone number ...................................................................................................................................... ✓ ✓ 

(6) FIPS code .......................................................................................................................................................... ✓ ✓ 

(7) Facility ID codes ................................................................................................................................................. ✓ ✓ 

(8) Unit ID code ....................................................................................................................................................... ✓ ✓ 

(9) Process ID code ................................................................................................................................................. ✓ ✓ 

(10) Stack ID code ................................................................................................................................................... ✓ ✓ 

(11) Site name ......................................................................................................................................................... ✓ ✓ 

(12) Physical address .............................................................................................................................................. ✓ ✓ 

(13) SCC .................................................................................................................................................................. ✓ ✓ 

(14) Heat content (fuel) (annual average) ............................................................................................................... ✓ ✓ 

(15) Heat content (fuel) (ozone season, if applicable) ............................................................................................ ✓ ✓ 

(16) Ash content (fuel) (annual average) ................................................................................................................ ✓ ✓ 

(17) Sulfur content (fuel) (annual average) ............................................................................................................. ✓ ✓ 

(18) Pollutant code .................................................................................................................................................. ✓ ✓ 

(19) Activity/throughput (for each period reported) ................................................................................................. ✓ ✓ 

(20) Summer day emissions (if applicable) ............................................................................................................. ✓ ✓ 

(21) Ozone season emissions (if applicable) .......................................................................................................... ✓ ✓ 

(22) Annual emissions ............................................................................................................................................. ✓ ✓ 

(23) Emission factor ................................................................................................................................................. ✓ ✓ 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations 76557 

TABLE 2a TO APPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM POINT SOURCES, 

WHERE REQUIRED BY 40 CFR 51.30—Continued 

Data elements Every-year 

reporting 

Three-year 

reporting 

(24) Winter throughput (percent) ............................................................................................................................. ✓ ✓ 

(25) Spring throughput (percent) ............................................................................................................................. ✓ ✓ 

(26) Summer throughput (percent) .......................................................................................................................... ✓ ✓ 

(27) Fall throughput (percent) .................................................................................................................................. ✓ ✓ 

(28) Hr/day in operation ........................................................................................................................................... ✓ ✓ 

(29) Day/wk in operation ......................................................................................................................................... ✓ ✓ 

(30) Wk/yr in operation ............................................................................................................................................ ✓ ✓ 

(31) X stack coordinate (longitude) ......................................................................................................................... ........................ ✓ 

(32) Y stack coordinate (latitude) ............................................................................................................................ ........................ ✓ 

(33) Method accuracy description (MAD) codes ..................................................................................................... ........................ ✓ 

(34) Stack height ..................................................................................................................................................... ........................ ✓ 

(35) Stack diameter ................................................................................................................................................. ........................ ✓ 

(36) Exit gas temperature ........................................................................................................................................ ........................ ✓ 

(37) Exit gas velocity ............................................................................................................................................... ........................ ✓ 

(38) Exit gas flow rate ............................................................................................................................................. ........................ ✓ 

(39) NAICS at the Facility level ............................................................................................................................... ........................ ✓ 

(40) Design capacity (including boiler capacity if applicable) ................................................................................. ........................ ✓ 

(41) Maximum generator nameplate Capacity ........................................................................................................ ........................ ✓ 

(42) Primary capture and control efficiencies (percent) .......................................................................................... ........................ ✓ 

(43) Total capture and control efficiency (percent) ................................................................................................. ........................ ✓ 

(44) Control device type .......................................................................................................................................... ........................ ✓ 

(45) Emission type ................................................................................................................................................... ........................ ✓ 

(46) Emission release point type ............................................................................................................................. ........................ ✓ 

(47) Rule effectiveness (percent) ............................................................................................................................ ........................ ✓ 

(48) Winter work weekday emissions of CO (if applicable) .................................................................................... ........................ ✓ 

TABLE 2b TO APPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM NONPOINT SOURCES

AND NONROAD MOBILE SOURCES, WHERE REQUIRED BY 40 CFR 51.30 

Data elements Every-year 

reporting 

Three-year 

reporting 

(1) Inventory year .................................................................................................................................................... ✓ ✓ 

(2) Inventory start date ............................................................................................................................................ ✓ ✓ 

(3) Inventory end date ............................................................................................................................................. ✓ ✓ 

(4) Contact name ..................................................................................................................................................... ✓ ✓ 

(5) Contact phone number ...................................................................................................................................... ✓ ✓ 

(6) FIPS code .......................................................................................................................................................... ✓ ✓ 

(7) SCC .................................................................................................................................................................... ✓ ✓ 

(8) Emission factor ................................................................................................................................................... ✓ ✓ 

(9) Activity/throughput level (for each period reported) ........................................................................................... ✓ ✓ 

(10) Total capture/control efficiency (percent) ......................................................................................................... ✓ ✓ 

(11) Rule effectiveness (percent) ............................................................................................................................ ✓ ✓ 

(12) Rule penetration (percent) ............................................................................................................................... ✓ ✓ 

(13) Pollutant code .................................................................................................................................................. ✓ ✓ 

(14) Ozone season emissions (if applicable) .......................................................................................................... ✓ ✓ 

(15) Summer day emissions (if applicable) ............................................................................................................. ✓ ✓ 

(16) Annual emissions ............................................................................................................................................. ✓ ✓ 

(17) Winter throughput (percent) ............................................................................................................................. ✓ ✓ 

(18) Spring throughput (percent) ............................................................................................................................. ✓ ✓ 

(19) Summer throughput (percent) .......................................................................................................................... ✓ ✓ 

(20) Fall throughput (percent) .................................................................................................................................. ✓ ✓ 

(21) Hrs/day in operation ......................................................................................................................................... ✓ ✓ 

(22) Days/wk in operation ........................................................................................................................................ ✓ ✓ 

(23) Wks/yr in operation .......................................................................................................................................... ✓ ✓ 

(24) Winter work weekday emissions of CO (if applicable) .................................................................................... ........................ ✓ 

TABLE 2c TO APPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM ONROAD MOBILE

SOURCES, WHERE REQUIRED BY 40 CFR 51.30 

Data elements Every-year 

reporting 

Three-year 

reporting 

1. Inventory year ...................................................................................................................................................... ✓ ✓ 

2. Inventory start date .............................................................................................................................................. ✓ ✓ 

3. Inventory end date ............................................................................................................................................... ✓ ✓ 

4. Contact name ...................................................................................................................................................... ✓ ✓ 

5. Contact phone number ........................................................................................................................................ ✓ ✓ 


pwalker on PROD1PC71 with RULES
76558 Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations 

TABLE 2c TO APPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM ONROAD MOBILE

SOURCES, WHERE REQUIRED BY 40 CFR 51.30—Continued 

Data elements Every-year 

reporting 

Three-year 

reporting 

6. FIPS code ............................................................................................................................................................ ✓ ✓ 

7. SCC ..................................................................................................................................................................... ✓ ✓ 

8. Emission factor .................................................................................................................................................... ✓ ✓ 

9. Activity (VMT by SCC) ........................................................................................................................................ ✓ ✓ 

10. Pollutant code .................................................................................................................................................... ✓ ✓ 

11. Ozone season emissions (if applicable) ........................................................................................................... ✓ ✓ 

12. Summer day emissions (if applicable) .............................................................................................................. ✓ ✓ 

13. Annual emissions .............................................................................................................................................. ✓ ✓ 

14. Winter throughput (percent) .............................................................................................................................. ✓ ✓ 

15. Spring throughput (percent) .............................................................................................................................. ✓ ✓ 

16. Summer throughput (percent) ........................................................................................................................... ✓ ✓ 

17. Fall throughput (percent) ................................................................................................................................... ✓ ✓ 

18. Winter work weekday emissions of CO (if applicable) ..................................................................................... ........................ ✓ 

Subpart G—[Amended] 

■ 3. Section 51.122 is revised to read as 

follows: 

§ 51.122 Emissions reporting 

requirements for SIP revisions relating to 

budgets for NOx emissions. 

(a) As used in this section, words and 

terms shall have the meanings set forth 

in § 51.50. 

(b) For its transport SIP revision 

under § 51.121, each state must submit 

to EPA NOX emissions data as described 

in this section. 

(c) Each revision must provide for 

periodic reporting by the state of NOX

emissions data to demonstrate whether 

the state’s emissions are consistent with 

the projections contained in its 

approved SIP submission. 

(1) For the every-year reporting cycle, 

each revision must provide for reporting 

of NOX emissions data every year as 

follows: 

(i) The state must report to EPA 

emissions data from all NOX sources 

within the state for which the state 

specified control measures in its SIP 

submission under § 51.121(g), including 

all sources for which the state has 

adopted measures that differ from the 

measures incorporated into the baseline 

inventory for the year 2007 that the state 

developed in accordance with 

§ 51.121(g). 

(ii) If sources report NOX emissions 

data to EPA for a given year pursuant to 

a trading program approved under 

§ 51.121(p) or pursuant to the 

monitoring and reporting requirements 

of 40 CFR part 75, then the state need 

not provide an every-year cycle report to 

EPA for such sources. 

(2) For the three-year cycle reporting, 

each plan must provide for triennial 

(i.e., every third year) reporting of NOX

emissions data from all sources within 

the state. 

(3) The data availability requirements 

in § 51.116 must be followed for all data 

submitted to meet the requirements of 

paragraphs (b)(1) and (2) of this section. 

(d) The data reported in paragraph (b) 

of this section must meet the 

requirements of subpart A of this part. 

(e) Approval of ozone season 

calculation by EPA. Each state must 

submit for EPA approval an example of 

the calculation procedure used to 

calculate ozone season emissions along 

with sufficient information to verify the 

calculated value of ozone season 

emissions. 

(f) Reporting schedules. 

(1) Data collection is to begin during 

the ozone season 1 year prior to the 

state’s NOX SIP Call compliance date. 

(2) Reports are to be submitted 

according to paragraph (b) of this 

section. 

(3) Through 2011, reports are to be 

submitted according to the schedule in 

Table 1 of this paragraph. After 2011, 

triennial reports are to be submitted 

every third year and annual reports are 

to be submitted each year that a 

triennial report is not required. 

TABLE 1—SCHEDULE FOR SUBMITTING

REPORTS

Data collection year Type of 

report required 

2005 .......................... Triennial. 

2006 .......................... Annual. 

2007 .......................... Annual. 

2008 .......................... Triennial. 

2009 .......................... Annual. 

2010 .......................... Annual. 

2011 .......................... Triennial. 

(4) States must submit data for a 

required year within the time specified 

after the end of the inventory year for 

which the data are collected. The first 

inventory (the 2009 inventory year) and 

all subsequent years will be due 12 

months following the end of the 

inventory year, i.e., the 2009 inventory 

must be reported to EPA by December 

31, 2010. 

(g) Data reporting procedures are 

given in subpart A. When submitting a 

formal NOX Budget Emissions Report 

and associated data, states shall notify 

the appropriate EPA Regional Office. 

[FR Doc. E8–29737 Filed 12–16–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0609; FRL–8749–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; New Source Review 

Reform ‘‘Linkage’’ Rule, Rule AM–32– 

04b 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving as a 

revision to the Wisconsin State 

Implementation Plan (SIP) changes to 

the minor New Source Review (NSR) 

construction permit program and 

permits fees schedule, through rule 

AM–32–04b. The purpose of rule AM– 

32–04b is to update Wisconsin’s minor 

NSR construction permit program to 

include changes to implement some of 

the new elements of the Federal NSR 

Reform Rule for sources that meet 

certain provisions within the new major 

NSR permitting requirements. Rule 

AM–32–04b has been created to 

accompany Wisconsin’s NSR Reform 

rules and is necessary to effectively 

implement them. Elsewhere in this 

Federal Register, EPA is approving 

Wisconsin’s NSR Reform rules. The 


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