37164 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Proposed Rules 

(a) Applicability 

This AD applies to Agusta Model A109A, 

A109AII, and A109C helicopters with a third 

stage turbine wheel, part number 23065833, 

installed, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

third stage turbine vibration, which could 

result in turbine failure, engine power loss, 

and subsequent loss of control of the 

helicopter. 

(c) Comments Due Date 

We must receive comments by August 19, 

2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

Within 30 days: 

(1) For Model A109A helicopters, revise 

the Power Plant Limitations section, page 1– 

7, of the Model A109A Rotorcraft Flight 

Manual (RFM) by inserting page 5 of Agusta 

Bollettino Tecnico No. 109–129, dated 

February 16, 2009 (BT 109–129). 

(2) For Model A109AII helicopters, revise 

the Power Plant Limitations section, page 1– 

6, of the Model A109A RFM by inserting 

page 6 of BT 109–129. 

(3) For Model A109C helicopters, revise 

the Power Plant and Transmission 

Limitations section, page 1–8, of the Model 

A109A RFM by inserting page 7 of BT 109– 

129. 

(4) Install a placard on the instrument 

panel adjacent to the Engine and Rotor RPM 

Power Turbine (N2) Indicator that states: 

MIN. CONT. 97% N2—MIN. TRANS. 95% N2

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Chinh Vuong, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5110; email 

chinh.vuong@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

(1) For service information identified in 

this AD, contact Agusta Westland, Customer 

Support & Services, Via Per Tornavento 15, 

21019 Somma Lombardo (VA) Italy, ATTN: 

Giovanni Cecchelli; telephone 39–0331– 

711133; fax 39 0331 711180; or at http:// 

www.agustawestland.com/technicalbullettins. You may review a copy of the 

service information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency AD No. 

2009–0037–E, dated February 19, 2009. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 7250: Turbine Section. 

Issued in Fort Worth, Texas, on June 13, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–14694 Filed 6–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 151 

[K00103 12/13 A3A10; 134D0102DR– 

DS5A300000–DR.5A311.IA000113; Docket 

ID: BIA–2013–0005] 

RIN 1076–AF15 

Land Acquisitions: Appeals of Land 

Acquisition Decisions 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule; Correction. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) published a proposed rule in the 

Federal Register of May 29, 2013, 

announcing the proposed rule to revise 

a section of regulations governing 

decisions by the Secretary to approve or 

deny applications to acquire land in 

trust under 25 CFR part 151. This 

document makes corrections to the 

ADDRESSES section to provide the mail 

and hand delivery addresses. 

DATES: Comments on this rule must be 

received by July 29, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Acting Director, Office 

of Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

The Mail and Hand Delivery address 

provided under the ADDRESSES section 

did not provide the full address. In 

proposed rule FR Doc. 2013–12708, 

published in the issue of May 29, 2013, 

make the following correction. On page 

32214, third column, correct the 

ADDRESSES section to read as follows: 

ADDRESSES: You may submit comments 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2013–0005. 

—Email: consultation@bia.gov. Include 

the number 1076–AF15 in the subject 

line of the message. 

—Mail: Elizabeth Appel, Office of 

Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1849 C Street NW., Mail Stop 

4141—MIB, Washington, DC 20240. 

Include the number 1076–AF15 in the 

submission. 

—Hand Delivery: Elizabeth Appel, 

Office of Regulatory Affairs & 

Collaborative Action, U.S. Department 

of the Interior, 1849 C Street NW., 

Mail Stop 4141–MIB, Washington, DC 

20240. Include the number 1076– 

AF15 in the submission. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed above 

will not be included in the docket for 

this rulemaking. 

Dated: June 11, 2013. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2013–14696 Filed 6–19–13; 8:45 am] 

BILLING CODE 4310–6W–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2004–0489; FRL–9795–9] 

RIN 2060–AR29 

Revisions to the Air Emissions 

Reporting Requirements: Revisions to 

Lead (Pb) Reporting Threshold and 

Clarifications to Technical Reporting 

Details 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Today’s action proposes 

changes to the existing EPA emission 

inventory reporting requirements on 

state, local, and tribal agencies in the 

current Air Emissions Reporting 

Requirements rule published on 

December 17, 2008. The proposed 

amendments would lower the current 

threshold for reporting Pb sources as 

point sources; eliminate the requirement 

for reporting emissions from wildfires 

and prescribed fires; and replace a 

requirement for reporting mobile source 

emissions with a requirement for 

reporting the input parameters that can 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Proposed Rules 37165 

be used to run the EPA models that 

generate the emissions estimates. In 

addition, the proposed amendments 

would reduce the reporting burden on 

state, local, and tribal agencies by 

removing the requirements to report 

daily and seasonal emissions associated 

with carbon monoxide (CO), ozone (O3), 

and particulate matter up to 10 

micrometers in size (PM10) 

nonattainment areas and nitrogen 

oxides (NOX) State Implementation Plan 

(SIP) call areas, although reporting 

requirements for those emissions would 

remain in other regulations. Lastly, the 

proposed amendments would clarify, 

remove, or simplify some current 

emissions reporting requirements which 

we believe are not necessary or are not 

clearly aligned with current inventory 

terminology and practices. 

DATES: Comments must be received on 

or before August 19, 2013. Under the 

Paperwork Reduction Act, comments on 

the information collection request must 

be received by EPA and OMB on or 

before July 22, 2013. 

The EPA will hold a public hearing 

on today’s proposal only if requested by 

July 1, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2004–0489, by one of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Air Emissions Reporting 

Requirements Rule, Docket No. EPA– 

HQ–OAR–2004–0489, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. Please include 

two copies. 

• Hand Delivery: Docket No. EPA– 

HQ–OAR–2004–0489, EPA Docket 

Center, Public Reading Room, EPA 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC 20460. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2004– 

0489. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI, or otherwise 

protected, through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment as well as with any disk or 

CD–ROM you submit. If the EPA cannot 

read your comment due to technical 

difficulties and cannot contact you for 

clarification, the EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters, any form of encryption, and 

be free of any defects or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Emissions Reporting 

Requirements Rule Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ron Ryan, Office of Air Quality 

Planning and Standards, Air Quality 

Assessment Division, Emission 

Inventory and Analysis Group (C339– 

02), U.S. Environmental Protection 

Agency, Research Triangle Park, NC 

27711; telephone number: (919) 541– 

4330; email: ryan.ron@epa.gov. 

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for the EPA? 

C. Where can I get a copy of this 

document? 

D. Will there be a public hearing? 

II. Background and Purpose of This 

Rulemaking 

III. Proposed Revisions to Emissions 

Reporting Requirements 

A. Lower Point Source Threshold for Lead 

Emitters 

B. Elimination of Reporting for Wildfires 

and Prescribed Fires and Clarification for 

Reporting Agricultural Fires 

C. Reporting Emission Model Inputs for 

Onroad and Nonroad Sources 

D. Removal of Requirements To Report 

Daily and Seasonal Emissions 

E. Revisions To Simplify Reporting and 

Provide Consistency With EIS 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. Does this action apply to me? 

Categories and entities potentially 

regulated by this action include: 

Category NAIC 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. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

37166 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Proposed Rules 

1As prescribed by the Tribal Authority Rule (63 

FR 7253, February 12, 1998), codified at 40 CFR 

part 49, subpart A, tribes may elect to seek 

Treatment as State (TAS) status and obtain approval 

to implement rules such as the AERR through a 

Tribal Implementation Plan (TIP), but tribes are 

under no obligation to do so. However, those tribes 

that have obtained TAS status are subject to the 

AERR to the extent allowed in their TIP. 

Accordingly, to the extent a tribal government has 

applied for and received TAS status for air quality 

control purposes and is subject to the AERR under 

its TIP, the use of the term state(s) in the AERR shall 

include that tribal government. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action.1 This action 

requires states to report their emissions 

to us. It is possible that some states will 

require facilities within their 

jurisdictions to report emissions to the 

states. To determine whether your 

facility would be regulated by this 

action, you should examine the 

applicability criteria in 40 CFR 51.1. If 

you have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. What should I consider as I prepare 

my comments for the EPA? 

1. Expedited Review. To expedite 

review of your comments by agency 

staff, you are encouraged to send a 

separate copy of your comments, in 

addition to the copy you submit to the 

official docket, to Mr. Ron Ryan, U.S. 

EPA, Office of Air Quality Planning and 

Standards, Air Quality Assessment 

Division, Emission Inventory and 

Analysis Group, Mail Code C339–02, 

Research Triangle Park, NC 27711; 

telephone: (919) 541–4330; email: 

ryan.ron@epa.gov. 

2. Submitting CBI. Do not submit this 

information to the EPA through http:// 

www.regulations.gov or email. Clearly 

mark any of the information that you 

claim to be CBI. For CBI information in 

a disk or CD ROM that you mail to the 

EPA, mark the outside of the disk or CD 

ROM as CBI and then identify 

electronically within the disk or CD 

ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

3. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this 

proposed rule will also be available on 

the Worldwide Web (WWW) through 

the Technology Transfer Network 

(TTN). Following signature, a copy of 

this proposed rule will be posted on the 

TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

the following address: http:// 

www.epa.gov/ttn/chief/. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. If more information 

regarding the TTN is needed, call the 

TTN HELP line at (919) 541–4814. 

D. Will there be a public hearing? 

The EPA will hold a public hearing 

on today’s proposal only if requested by 

July 1, 2013. The request for a public 

hearing should be made in writing and 

addressed to Mr. Ron Ryan, U.S. EPA, 

Office of Air Quality Planning and 

Standards, Air Quality Assessment 

Division, Emission Inventory and 

Analysis Group, Mail Code C339–02, 

Research Triangle Park, NC 27711. The 

hearing, if requested, will be held on a 

date and at a place published in a 

separate Federal Register notice. 

II. Background and Purpose of This 

Rulemaking 

The EPA promulgated the Air 

Emissions Reporting Requirements 

(AERR) in the Federal Register at 73 

CFR 76539, on December 17, 2008, in 

order to consolidate and harmonize the 

emissions reporting requirements of the 

NOX SIP Call (40 CFR 51.122) and the 

Consolidated Emissions Reporting Rule 

(40 CFR part 51, subpart A) with the 

needs of the Clean Air Interstate Rule 

(CAIR). These amendments are being 

proposed to align the AERR with the 

National Ambient Air Quality Standard 

for Lead (73 FR 66964, November 12, 

2008) and the associated Revisions to 

Lead Ambient Air Monitoring 

Requirements (75 FR 81126), and 

because use of the previous AERR over 

the past few years has revealed needed 

improvements that will both reduce 

burden on states and local air agencies 

as well as make minor technical 

corrections that reflect what has been 

put into practice through existing 

electronic reporting implementation. 

The proposed amendments would 

lower the current threshold for reporting 

stationary Pb sources as point sources to 

align with and support the requirements 

of the 2008 revisions to the National 

Ambient Air Quality Standard for Lead 

(73 FR 66964, November 12, 2008) and 

the associated Revisions to Lead 

Ambient Air Monitoring Requirements 

(75 FR 81126) for source-oriented 

monitors. 

The proposed amendments would 

also clarify, remove, or simplify some 

emissions reporting requirements in the 

current AERR which we believe are not 

necessary or are not clearly aligned with 

current inventory terminology and 

practices. Most of these clarifications 

are revisions to the names of the specific 

data elements reported to promote 

consistency with the element names as 

implemented in the electronic reporting 

schema used by the Emission Inventory 

System (EIS). 

As this requirement was unclear in 

the current AERR, we are proposing to 

eliminate the requirement for reporting 

emissions from wildfires and prescribed 

fires, clarifying that they may be 

optionally reported using only the final 

design implemented in EIS for those 

two source categories. 

We are also proposing to replace a 

requirement that state and local 

agencies submit mobile source 

emissions with a new requirement to 

report the input parameters that can be 

used to run the EPA models that 

generate the emissions estimates. 

To reduce the reporting burden on 

state and local agencies, we are 

proposing to remove the requirements to 

submit daily and seasonal emissions 

values. 

To promote consistency with 

terminology used in the EIS and to 

remove several items proposed to 

become optional rather than required, 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Proposed Rules 37167 

we are proposing to revise and simplify 

three tables to subpart A of part 51. 

III. Proposed Revisions to Emissions 

Reporting Requirements 

A. Lower Point Source Threshold for 

Lead Emitters 

The current AERR threshold for 

determining if a stationary source of Pb 

emissions must be reported as an 

individual point source rather than as 

part of a county-aggregate nonpoint 

source, is 5 tons per year (tpy). As with 

the other required pollutants, that 

threshold determination is based on 

potential to emit, although the 

emissions reported are the actual 

emissions. In 2010, the EPA finalized 

the Revisions to Lead Ambient Air 

Monitoring Requirements rule (75 FR 

81126), which required monitoring 

agencies to install and operate sourceoriented ambient monitors near Pb 

sources emitting 0.50 tpy or more by 

December 27, 2011. The EPA is 

proposing to lower the AERR emissions 

threshold for reporting Pb emitters to 

match the 0.50 tpy threshold in the 

revised ambient air monitoring 

requirements. This would allow the 

EPA to evaluate and provide proper 

oversight of the ambient monitoring 

network design finalized in the revised 

ambient air monitoring requirements. 

The EPA expects that only about 30 

additional facilities nationwide would 

be required to be reported as point 

sources due to this change, since most 

of the sources emitting Pb greater than 

0.5 tpy are already reported as point 

sources due to their emissions of other 

criteria pollutants. The current AERR 

already requires all criteria pollutants 

(including Pb) to be reported for a 

facility that emits any one criteria 

pollutant greater than the relevant 

threshold. 

B. Elimination of Reporting for Wildfires 

and Prescribed Fires and Clarification 

for Reporting Agricultural Fires 

The current AERR requires states to 

report emissions from wildfires and 

agricultural fires as either point or 

nonpoint sources, with the point source 

method being encouraged. The current 

AERR does not explicitly mention 

prescribed fires, but a review of both 

Federal Register notices proposing and 

finalizing the AERR (71 FR 69 and 73 

FR 76539, respectively) indicate that the 

intent was to require wildfires and 

prescribed fires to be reported as either 

point or nonpoint sources, with no 

explicit mention of agricultural fires. In 

addition to correcting this erroneous 

switching of agricultural fires for the 

intended prescribed fires, the EPA is 

also proposing to eliminate the 

requirement for wildfires and prescribed 

fires to be reported by states. The EPA 

already provides nationwide estimates 

for wildfires and prescribed fires using 

information it has, so requiring states to 

also report these data is not necessary. 

States are encouraged to review and 

comment on the EPA’s estimates, or to 

report their own estimates if they so 

choose. In addition, we propose to 

clarify that reporting of these two fire 

types can only be made via the Events 

source type. Events is a new source 

reporting format created in the EIS data 

system to accommodate the day-specific 

emission details needed for the NEI to 

accurately reflect these large-scale, but 

short-term, emission events. We also 

propose to clarify that agricultural fires 

continue to be required to be reported, 

but as nonpoint sources only. 

Agricultural fires cannot be reported as 

point sources, and we are unaware of 

any state that wishes to do so. 

C. Reporting Emission Model Inputs for 

Onroad and Nonroad Sources 

We are proposing to replace the 

current requirement for states to report 

emissions for onroad and nonroad 

sources with a requirement that they 

report the input parameters that can be 

used in the EPA models to generate the 

emissions values. Reporting the 

emissions values would become 

voluntary. California and tribal agencies 

must continue to report emissions rather 

than model inputs because the EPA 

models are not applicable to California, 

and the county-specific inputs required 

by EIS for these models are not 

applicable to tribal areas. We are also 

proposing that in lieu of submitting any 

data, states may accept the EPA’s 

emission estimates for mobile sources. 

States are encouraged to review and 

comment on the EPA’s estimates and 

inputs. 

As the states are already required to 

use the EPA models, the inputs needed 

to run those models are already 

available for submission. We expect that 

there will be less burden on the states 

to report the model inputs rather than 

the resultant emissions values, as the 

model input files are much smaller and 

more manageable than the output 

emission files. The current AERR allows 

states the option to report the model 

inputs in lieu of the emissions values. 

Nineteen states submitted some model 

inputs for the 2008 NEI. 

Requiring states to provide model 

inputs rather than only the resultant 

emissions values will also reduce the 

costs and improve the accuracy and 

timeliness of the EPA’s air quality 

planning efforts. Having the model 

inputs allows the EPA to use the latest 

version of the applicable models to 

generate the most accurate emission 

outputs. Requiring reporting of the 

model inputs also allows the EPA to 

generate consistent base year and future 

year emission estimates that are 

necessary for performing accurate 

benefits estimates for proposed 

regulations. 

D. Removal of Requirements To Report 

Daily and Seasonal Emissions 

In addition to requiring all states to 

report annual emissions for all source 

types on a triennial cycle, the current 

AERR also requires the reporting of 

daily or seasonal emissions to be 

reported for a subset of geographic 

areas. States subject to the NOX SIP Call 

are required by the AERR to report 5- 

month O3 season and summer day NOX

emissions every year, and summer day 

NOX and volatile organic compound 

(VOC) emissions every third year. States 

with an 8-hour O3 nonattainment area 

are required by the AERR to report 

summer day NOX and VOC emissions 

for all counties that were covered by the 

nonattainment area modeling domain 

that was used to demonstrate 

Reasonable Further Progress (RFP) every 

third year. States with CO 

nonattainment areas and states with CO 

attainment areas subject to maintenance 

plans are required by the AERR to report 

winter work weekday CO emissions 

every third year. The underlying needs 

for these daily and seasonal emissions 

values are derived from requirements in 

the NOX SIP Call rule, the O3 NAAQS 

Implementation rule, and the CO 

NAAQS Implementation rule, 

respectively. 

We are proposing to delete all of the 

daily and seasonal emissions reporting 

requirements from the AERR and to 

replace those requirements with 

statements that the states can choose to 

meet the underlying periodic inventory 

reporting requirements of those three 

other rules by reporting via the AERR. 

The current O3 and CO NAAQS 

Implementation rules, and the proposed 

changes to the NOx SIP Call, would 

continue to require states to report the 

emissions in a format and on a schedule 

as required by those rules to ensure 

compliance with those rules. Each of the 

three underlying rules already requires 

states to show and track consistency 

with the emissions projections 

contained in approved SIP submissions, 

and also contains requirements for 

public review of SIP revisions. Given 

these specific requirements in 

individual rules, the EPA believes that 

also requiring submittal of these daily 

and seasonal emissions values in a 

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37168 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Proposed Rules 

format and under a schedule prescribed 

by the existing AERR and the EIS data 

system can be unfeasible in practice and 

is likely to introduce significant 

inaccuracies and confusion. In addition, 

the periodic emissions data and 

documentation that states are required 

to submit to their EPA Regional Offices 

under the two existing NAAQS 

implementation rules and the proposed 

changes to the NOx SIP Call are 

sufficient to demonstrate compliance 

with those rules and, thus, make the 

existing AERR requirement 

unnecessary. 

E. Revisions To Simplify Reporting and 

Provide Consistency With EIS 

The AERR was finalized on December 

17, 2008, prior to the finalization of the 

design details of the EIS data system 

that is used to collect and store the 

required data. As a result, the EPA is 

proposing a number of changes to 

provide consistency between the AERR 

reporting mechanism and the EIS data 

collection system and, thus, simplify 

emissions reporting. There were a 

number of inconsistencies between the 

AERR and the EIS data system in the 

terminology used for some data 

elements. Some compound data 

elements in the AERR were separated 

into more discrete and less ambiguous 

elements in the EIS. In addition, a few 

data elements necessary for inclusion in 

the EIS data system, in order to fully 

describe related required data elements, 

were not explicitly listed in the AERR, 

and some AERR data elements that were 

listed as required for state reporting 

have since been determined to be 

obtainable by the EPA by other 

methods. The proposed removal of 

requirements to report the O3 and CO 

typical day SIP emissions and the NOx 

SIP Call seasonal emissions, via this 

AERR reporting mechanism and the EIS 

data system as described above, make it 

necessary to remove several other data 

elements from the AERR requirements, 

although they are still available in the 

EIS as optional data elements. 

1. Revised Formats for Appendix A 

Tables 

The EIS data system was designed 

such that data elements that had not 

changed from one reporting period to 

the next need not be re-submitted. Only 

data elements that have changed need 

be reported. This streamlined reporting 

structure, along with the terminology 

changes, requirements deletions, and 

other consistency revisions described 

above, created a need for the EPA to 

revise Tables 1, 2a, 2b and 2c in 

Appendix A of the AERR. Table 1 still 

defines the emissions thresholds that 

determine the Type A point source 

emissions required to be reported each 

year. In addition, it now includes the 

thresholds used to determine the Type 

B sources required to be reported as 

point sources every third year. These 

Type B point source thresholds had 

previously been included as part of the 

definition of the term ‘‘point source.’’ In 

the revised Table 1, we have clarified 

the name of the two PM pollutants by 

including ‘‘primary.’’ This is consistent 

with the existing list of required 

pollutants described in § 51.15. 

Table 2a has been revised to include 

only the point source facility inventory 

data elements that are required to be in 

EIS, without regard to either the everyyear or triennial reporting cycles, since 

these elements need only be reported for 

any new point source or when any 

change occurs at an existing point 

source. The emissions data element 

requirements for point sources from 

Table 2a have been combined with the 

emissions requirements for the other 

three emissions source types in Table 

2b. The need for Table 2c is eliminated 

by the proposed revisions to Table 2b. 

We have also eliminated the separate 

columns for ‘‘Every-year reporting’’ and 

‘‘Three-year reporting’’ from Tables 2a 

and 2b. Those reporting cycle 

distinctions were only applicable to 

Type A point sources, and with the 

proposed revisions, Table 1 now 

describes all of the necessary 

distinctions. 

2. Addition of New Facility Inventory 

Elements 

For the Facility Inventory data 

elements listed in Table 2a, which need 

to be reported only for new point 

sources or when a change occurs, we are 

proposing to add new operating statuses 

to the AERR: Facility Site Status, 

Release Point Status, and Unit Status, 

along with the year in which any of 

these three items changes from 

‘‘Operating’’ to some other status. These 

operating statuses are used by the states 

to indicate whether emissions reports 

should continue to be expected for a 

facility, emissions unit, or release point, 

or the reason why emissions will not be 

reported after the year indicated. 

We are also proposing to add Aircraft 

Engine Type, Unit Type, and Release 

Point Apportionment Percent to the 

Facility Inventory data elements listed 

in Table 2a. Aircraft Engine Type is a 

code that provides a further level of 

detail of the existing required element 

Source Classification Code (SCC), which 

describes the emitting processes. The 

Aircraft Engine Type code is one of the 

inputs to the emissions estimation 

model that is used to estimate aircraft 

emissions during landing and take-off 

cycles. The EPA does not require states 

to report aircraft engine emissions as 

point sources, but, instead, produces its 

own set of aircraft engine estimates and 

provides states the opportunity to 

comment on those estimates and to 

submit their own estimates if they 

choose. If states choose to submit their 

own estimates, they would have to 

provide the Aircraft Engine Type code 

along with the SCC in order to 

completely specify the emitting process. 

Unit Type is a data element added to 

the EIS to more easily and explicitly 

identify the type of emission unit 

producing the emissions than can be 

inferred from the SCC. The EPA 

populated the Unit Type field in the 

original version of the EIS Facility 

Inventory using the SCC code. It is 

expected that states will know the Unit 

Type for any new emission units that 

they add, but they do have an option to 

report an ‘‘unclassified’’ type. To reduce 

burden, we are also proposing to limit 

the existing requirement for reporting 

the Unit Design Capacity for all units to 

only reporting capacities for a limited 

number of key unit types. The Unit 

Type element is necessary for the EIS 

data system to be able to make the 

distinction of when unit design capacity 

would still be required. 

Release Point Apportionment Percent 

is a data element added to the EIS at the 

request of some state reporters. The 

previous data system allowed a given 

emission process to exhaust to only a 

single release point. However, the EIS 

data system allows states the option to 

split the emissions from a single 

emission process to as many release 

points as desired by reporting the 

percentage going to each release point. 

The vast majority of processes exhaust 

100 percent to a single release point. 

The EPA populated the original version 

of the EIS Facility Inventory using this 

value, which was the only possible 

interpretation from the previous data 

system and reports. Although the 

current reporting rule does not 

explicitly list a data element, it was 

always necessary for states to indicate 

the release point that each process 

exhausted through, and the 100 percent 

was assumed. This new data element is 

necessary to support the new option in 

EIS that allows for more than one 

release point to be specified by the state. 

3. Addition of New Emissions Elements 

For the Emissions data elements listed 

in Table 2b, we are proposing to add 

five new items, four of which we believe 

to be minor extensions or clarifications 

of existing requirements necessary to 

avoid ambiguity in the EIS data system. 

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The EPA believes that these new items 

will not add any new information 

collection burden. The four items are: 

Shape Identifiers, Emission Type, 

Reporting Period Type, and Emission 

Operating Type. Shape Identifiers are a 

more detailed method of identifying the 

geographic area for which emissions are 

being reported than the entire county for 

nonpoint sources. The EPA believes that 

they are needed for a small number of 

nonpoint sources, such as rail lines, 

ports, and underway vessels, which 

occur only in a small and identifiable 

portion of a full county. Although states 

are still required to report emissions for 

these sources, we are also proposing to 

add language to the AERR to allow 

states to meet the requirements for 

reporting some of their nonpoint 

sources by accepting the EPA’s 

estimates for the sources for which the 

EPA makes calculations. For the 

nonpoint sources needing the more 

geographically-detailed emissions, the 

EPA has provided tables describing the 

geographic entities and their identifiers 

and has also estimated emissions for 

each of the entities. The EPA provides 

states the opportunity to comment on 

the EPA estimates and to submit their 

own estimates if they choose. If states 

choose to submit their own estimates, 

they would have to provide the extra 

geographic detail described by the 

Shape Identifiers. 

Emission Type is a code that is a 

further level of detail of the existing 

required element SCC, which identifies 

the emitting processes. Note that we are 

also proposing to revise the definition of 

this term in § 51.50, since the existing 

definition actually describes the 

Reporting Period Type and not the 

Emission Type. 

Reporting Period Type is a code that 

identifies whether the emissions being 

reported are an annual total or one of 

the seasonal or daily type emissions that 

we are proposing to make optional, 

although they may still be required as 

part of the state’s own SIP rules. The 

current AERR includes reporting of this 

code for point sources using the 

erroneous name Emission Type in Table 

2a. Although neither Emission Type nor 

Reporting Period Type terms appear in 

the current Tables 2b or 2c for the 

nonpoint, nonroad or onroad sources, 

we believe this information is inherent 

in the separate listing of annual, 

seasonal, and daily emissions in those 

tables. While we are proposing to 

remove all except the annual emissions 

from the requirements, it will still be 

necessary for data submitters to identify 

the emissions as annual, given that the 

data system will be able to optionally 

accept the other reporting types. 

Emission Operating Type is required 

only for point source emissions. It is 

similarly necessary in order for the data 

system to distinguish between the 

minimally required emissions and the 

other optional operating types that the 

data system can also accept. 

The fifth new item proposed to be 

added to the Table 2b emissions 

requirements is the Emissions 

Calculation Method. We are proposing 

this element to be required for point and 

nonpoint sources. It is a code which 

indicates how each emissions value was 

estimated or determined (e.g., by 

continuous emissions monitor or by 

stack test or by an average emission 

factor). The EPA believes this item is 

needed to evaluate the adequacy of any 

emissions value for the stated purposes 

of the NEI and to be able to select the 

most reliable emissions value where 

more than one is available to us. State 

reporters should have this information 

available to them in some form and 

should be able to add it to their 

electronic submittals with a minimal 

amount of added burden. 

4. Clarification of Element Names and 

Usage for Controls 

We are proposing to revise the data 

element names and clarify the usage 

conventions for four data elements 

related to emissions control devices for 

the point source facility inventory 

items. AERR Table 2a currently 

indicates these four elements as being 

required in the triennial reporting cycle: 

Primary Capture and Control 

Efficiencies; Total Capture and Control 

Efficiency; Control Device Type; and 

Rule Effectiveness. However, the EIS 

data system has separated the single 

element of Total Capture and Control 

efficiency into its two separate 

components, which the EIS names 

Percent Control Approach Capture 

Efficiency and Percent Control Measures 

Reduction Efficiency. The EPA believes 

that reporters would have to know or 

estimate these two items separately 

before combining them to report the 

current Total Capture and Control 

Efficiency element. Also, the control 

efficiency portion of the current element 

and, therefore, the combined Total, 

would be different for each pollutant 

controlled. This is indicated in the 

current element name Primary Capture 

and Control Efficiencies, which refers to 

only the control achieved by the 

primary, or first of potentially several 

control devices used on an emission 

process, along with the hood capture 

efficiency. The EPA does not believe 

that state reporters can reasonably 

estimate the separate control reduction 

efficiencies of each control device 

where more than one control device is 

used. For these reasons, we propose to 

eliminate the Primary Capture and 

Control Efficiencies element, and to 

split the Total Capture and Control 

Efficiency into a single Percent Control 

Approach Capture Efficiency along with 

a Percent Control Measures Reduction 

Efficiency for each pollutant controlled. 

In addition, although the current AERR 

does not explicitly require reporting of 

the pollutants being controlled, we 

believe the only reasonable 

interpretation of the existing 

requirement for reporting control 

efficiencies is for the pollutants 

controlled to be indicated with their 

efficiencies. We are, therefore, 

proposing to explicitly list a new data 

element Control Pollutant. Related to 

these emission control elements, we 

propose to revise the name of current 

AERR required elements Control Device 

Type and Rule Effectiveness to Control 

Measure and Percent Control Approach 

Effectiveness, respectively. 

We are also proposing similar 

terminology and usage conventions for 

the nonpoint sources emission control 

data elements. As proposed, the element 

Total Capture and Control Efficiency 

would be renamed to Percent Control 

Measures Reduction Efficiency, and 

Rule Effectiveness would be renamed 

Percent Control Approach Effectiveness, 

consistent with the point source names. 

The existing required element for 

nonpoint sources named Rule 

Penetration would be renamed Percent 

Control Approach Penetration. We are 

also proposing to add the elements 

Control Measure and Control Pollutant. 

As with point sources, we believe the 

identification of the controlled 

pollutants is inherent in the 

requirement to report control reduction 

efficiency, which is a pollutant-specific 

value. Identification of the control 

measures for nonpoint sources is a new 

requirement that the EPA believes 

would not add significant burden, given 

the existing requirement to report 

control reduction efficiencies where 

they exist. 

5. Revisions to Other Facility Inventory 

Element Names 

We are proposing revisions to some of 

the terms in point source facility 

inventory Table 2a to clarify their 

meaning and promote consistency with 

the EIS data system names. We are 

proposing to revise FIPs code to State 

and County FIPs Code or Tribal Code. 

For each of the five existing stack and 

exit gas data elements, we are proposing 

to revise their names to add ‘‘Release 

Point’’ in order to be consistent with EIS 

names. We are also proposing to 

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explicitly add five Unit of Measure data 

elements, one for each of the existing 

numerical stack and exit gas data 

elements. We believe the only 

reasonable interpretation of the existing 

requirements to report these five stack 

parameter numerical values is to also 

report the units of measure used for the 

numerical values. In addition, the use of 

the term ‘‘Emission Type’’ in existing 

Table 2a is an error; it was intended to 

read ‘‘Emission Operating Type,’’ but 

that element is now proposed to be 

moved to Table 2b since it describes the 

emissions reported, not the facility. 

We propose to clarify that the existing 

requirement for Physical Address is 

implemented in the EIS data system by 

the four separate data elements of 

Location Address, Locality Name, State 

Code, and Postal Code. 

6. Revisions To Simplify Reporting and 

Reduce Burden 

We are proposing revisions to some 

data elements in the point source 

facility inventory Table 2a to simplify 

reporting and reduce burden where we 

believe it does not impact the usefulness 

of the data. We are revising the existing 

requirements for Exit Gas Velocity and 

Exit Gas Flow Rate to indicate that one 

or the other of these two is required, but 

not both. Because the release point stack 

diameter is also required, it is possible 

for users to derive the velocity or the 

flow rate from the other value, and so 

it is not necessary for states to report 

both, and it was not the EPA’s intent to 

require both. To reduce burden, we are 

revising the existing rule terms X Stack 

Coordinate (longitude) and Y Stack 

Coordinate (latitude) by requiring these 

location values only at the facility level, 

rather than the stack level. It has been 

EPA’s experience that most states do not 

have accurate location values for each 

individual stack within a facility; 

instead they report the same locational 

values for all stacks within a facility. 

Furthermore, the vast majority of 

facilities are geographically small 

enough that such a simplification does 

not reduce the usefulness of the data. 

Although we are proposing to relax the 

requirement to just facility locational 

data, the EIS data system does retain the 

ability to store individual stack 

locations separately from a single 

facility center location, and we 

encourage states to optionally report 

individual stack locations to add 

accuracy beyond the single facility 

center location. The EPA may also add 

such individual stack locations where 

the agency believes it has accurate data. 

Lastly, to reduce burden, we are 

proposing to eliminate reporting of 

several data elements that appear in 

existing Tables 2a, 2b and 2c in various 

combinations for the four emissions 

source types. For all four emission 

source types, we are proposing to 

eliminate Inventory Start Date and End 

Date; Contact Name and Phone Number; 

and the four seasonal throughput 

percents. In addition, for the point, 

nonpoint, and nonroad source types, we 

are proposing to eliminate the three 

operating schedule elements: Hours Per 

Day, Days Per Week, and Weeks Per 

Year. Also for the point source type we 

are proposing to eliminate the following 

elements: Heat Content, Ash Content, 

Sulfur Content, Method Accuracy 

Description Codes, and Maximum 

Generator Nameplate Capacity. The EPA 

believes that the usefulness of the 

remaining data would not be 

significantly impacted by not collecting 

these data from the states. 

Note that three other data elements 

are proposed to be removed for all four 

emissions source types for the reasons 

described above in paragraph D, 

‘‘Removal of Requirements to Report 

Daily and Seasonal Emissions.’’ These 

elements are: Summer Day Emissions, 

Ozone Season Emissions, and Winter 

Work Weekday emissions of CO. All of 

the data elements proposed to be 

removed from the required reporting 

lists may still be voluntarily reported to 

the EIS data system. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is, therefore, not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

The information collection 

requirements in this proposed 

amendment have been submitted for 

approval to the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

The information collection request (ICR) 

document prepared by EPA has been 

assigned EPA ICR number 2170.05. 

The information collection 

requirements in the proposed 

amendments are mandatory for all states 

and territories (excluding tribal 

governments). These requirements are 

authorized by CAA section 110(a). The 

reported emissions data are used by the 

EPA to develop and evaluate states, 

regional, and national control strategies; 

to assess and analyze trends in criteria 

pollutant emissions; to identify 

emission and control technology 

research priorities; and to assess the 

impact of new or modified sources 

within a geographic area. The emission 

inventory data are also used by states to 

develop, evaluate, and revise their SIP. 

The proposed amendments would 

reduce the information collection 

burden for each of the 104 respondents 

by about 91 labor hours per year from 

current levels. The annual average 

reporting burden for this collection 

(averaged over the first 3 years of this 

ICR) is estimated to decrease by a total 

of 9452 labor hours per year with a 

decrease in costs of $718,368. From the 

perspectives of the sources reporting to 

the states, the EPA does not believe that 

there will be any change in reporting 

burden resulting from these 

amendments because the same universe 

of sources will be required to report to 

the states. No capital/startup costs or 

operation and maintenance costs for 

monitoring equipment are attributable 

to the proposed amendments. The only 

costs associated with the proposed 

amendments are labor hours associated 

with collection, management, and 

reporting of the data through existing 

systems. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR part 51 are listed in 40 CFR part 9. 

To comment on the agency’s need for 

this information, the accuracy of the 

provided burden estimates, and any 

suggested methods for minimizing 

respondent burden, including the use of 

automated collection techniques, the 

EPA has established a public docket for 

the proposed rule, which includes this 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Proposed Rules 37171 

ICR, under Docket ID number OAR– 

2004–0489. Submit any comments 

related to the ICR for these proposed 

amendments to the EPA and OMB. See 

the ADDRESSES section at the beginning 

of this notice for where to submit 

comments to the EPA. Send comments 

to OMB at the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503, 

Attention: Desk Office for EPA. Since 

OMB is required to make a decision 

concerning the ICR between 30 and 60 

days after June 20, 2013, a comment to 

OMB is best assured of having its full 

effect if OMB receives it by July 22, 

2013. The final amendments will 

respond to any OMB or public 

comments on the information collection 

requirements contained in this proposal. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as (1) a small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This proposed action will not impose 

any new requirements on small entities. 

This action primarily impacts state and 

local agencies and does not regulate 

small entities. The proposed 

amendments correct and clarify 

emissions reporting requirements and 

provide states with additional flexibility 

in how they collect and report their 

emissions data. We continue to be 

interested in the potential impacts of the 

proposed rule on small entities and 

welcome comments on issues related to 

such impacts. 

D. Unfunded Mandates Reform Act 

This rule does not contain a federal 

mandate that may result in expenditures 

of $100 million or more for state, local, 

and tribal governments, in the aggregate, 

or the private sector in any 1 year. No 

significant costs are attributable to the 

proposed amendments; in fact, the 

proposed amendments are estimated to 

decrease costs associated with 

emissions inventory reporting. Thus, the 

proposed amendments are not subject to 

the requirements of sections 202 and 

205 of the UMRA. In addition, the 

proposed amendments do not 

significantly or uniquely affect small 

governments because they contain no 

requirements that apply to such 

governments or impose obligations 

upon them. Therefore, the proposed 

amendments are not subject to section 

203 of the UMRA. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The proposed 

amendments correct and clarify 

emissions reporting requirements and 

provide states with additional flexibility 

in how they collect and report their 

emissions data. Thus, Executive Order 

13132 does not apply to this action. In 

the spirit of Executive Order 13132, and 

consistent with the EPA policy to 

promote communications between the 

EPA and state and local governments, 

the EPA specifically solicits comment 

on this proposed rule from state and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This proposed rule imposes no 

requirements on tribal governments. 

The proposed amendments correct and 

clarify emissions reporting requirements 

and provide states with additional 

flexibility in how they collect and report 

their emissions data. Under the Tribal 

Authority Rule, tribes are not required 

to report their emissions to us. Thus, 

Executive Order 13175 does not apply 

to this action. In the spirit of Executive 

Order 13175, the EPA specifically 

solicits additional comment on this 

proposed action from tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the EO has the 

potential to influence the regulation. 

This action is not subject to Executive 

Order 13045 because it does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211, (66 FR 28355, May 22, 

2001) because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Further, 

we have concluded that the proposed 

amendments are not likely to have any 

adverse energy effects since the 

proposed amendments correct and 

clarify emissions reporting requirements 

and provide states with additional 

flexibility in how they collect and report 

their emissions data. 

I. National Technology Transfer and 

Advancement Act 

Section 112(d) of the National 

Technology Transfer Advancement Act 

of 1995 (NTTAA), Public Law 104–113; 

15 U.S.C. 272 note) directs the EPA to 

use voluntary consensus standards in its 

regulatory activities and procurement 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by one or more voluntary 

consensus standards bodies. The 

NTTAA requires the EPA to provide 

Congress, through OMB, explanations 

when the agency decides not to use 

available and applicable voluntary 

consensus standards. 

The proposed rulemaking does not 

involve technical standards. Therefore, 

the EPA is not considering the use of 

any voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

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37172 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Proposed Rules 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This action establishes 

information reporting procedures for 

emissions of criteria air pollutants from 

stationary and mobile source but does 

not affect the quantities of the pollutants 

emitted. 

List of Subjects in 40 CFR Part 51 

Environmental Protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Particulate matter, Regional haze, 

Reporting and record keeping 

requirements, Sulfur dioxide. 

Dated: June 6, 2013. 

Bob Perciasepe, 

Acting Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, part 51 of 

the Code of Federal Regulations is 

proposed to be amended as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. This authority citation for part 51 

continues to read as follows: 

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

7671q. 

§ 51.10 [Removed and reserved] 

■ 2. Remove and reserve § 51.10. 

■ 3. Amend § 51.15 by: 

■ a. Revising paragraphs (a)(2) and 

(a)(3); 

■ b. Removing paragraphs (a)(4) and 

(a)(5); 

■ c. Revising paragraphs (b)(2), (b)(3), 

and (b)(4); 

■ d. Revising the first sentence in 

paragraphs (c) and (d); and 

■ e. Removing paragraph (e). 

The revisions read as follows: 

§ 51.15 What data does my state need to 

report to EPA? 

(a) * * * 

(2) A state may, at its option, choose 

to report NOX and VOC summer day 

emissions as required under the Ozone 

Implementation Rule or report CO 

winter work weekday emissions for CO 

nonattainment areas or CO attainment 

areas with maintenance plans to the 

Emission Inventory System (EIS) using 

the data elements described in this 

subpart. 

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

estimates of emissions for additional 

pollutants (such as hazardous air 

pollutants) in its emission inventory 

reports. 

(b) * * * 

(2) Nonpoint. States may choose to 

meet the requirements for some of their 

nonpoint sources by accepting the 

EPA’s estimates for the sources for 

which the EPA makes calculations. In 

such instances, states are encouraged to 

review and update the activity values or 

other calculational inputs used by the 

EPA for these sources. 

(3) Onroad and Nonroad mobile. 

Emissions for onroad and nonroad 

mobile sources must be reported as 

inputs to the latest EPA-required mobile 

emissions models, such as the Motor 

Vehicle Emissions Simulator (MOVES) 

for onroad sources or the National 

Mobile Inventory Model (NMIM) for 

nonroad sources. States may report, at 

their discretion, emissions computed 

from these models in addition to the 

model inputs. In lieu of submitting 

model inputs, California must submit 

resultant emission values from its EPAapproved models and tribes must 

submit resultant emissions values from 

the latest EPA-required mobile 

emissions models. In lieu of submitting 

any data, states may accept existing EPA 

emission estimates. 

(4) Emissions for wild and prescribed 

fires are not required to be reported by 

states. If states wish to optionally report 

these sources, they must be reported to 

the events data category. This data 

category is a day-specific accounting of 

these large-scale but usually short 

duration emissions. Submissions must 

include both daily emissions estimates 

as well as daily acres burned values. In 

lieu of submitting this information, 

states may accept the EPA estimates or 

they may submit inputs to EPA’s 

estimation approach. 

(c) * * * You must report the data 

elements in Tables 2a and 2b in 

Appendix A of this subpart. * * * 

(d) * * * We do not consider the data 

in Tables 2a and 2b in Appendix A of 

this subpart confidential, but some 

states limit release of this type of data. 

* * * 

■ 4. Amend § 51.20 by revising 

paragraphs (b) and (d) to read as 

follows: 

§ 51.20 What are the emission thresholds 

that separate point and nonpoint sources? 

* * * * * 

(b) Sources that meet the definition of 

point source in this subpart must be 

reported as point sources. All pollutants 

specified in § 51.15(a) must be reported 

for point sources, not just the 

pollutant(s) that qualify the source as a 

point source. 

* * * * * 

(d) All stationary source emissions 

that are not reported as point sources 

must be reported as nonpoint sources. 

Episodic wind-generated particulate 

matter (PM) emissions from sources that 

are not major sources may be excluded, 

for example dust lifted by high winds 

from natural or tilled soil. Emissions of 

nonpoint sources should be aggregated 

to the resolution required by the EIS as 

described in the current National 

Emission Inventory (NEI) inventory year 

plan posted at http://www.epa.gov/ttn/ 

chief/eiinformation.html. In most cases, 

this is county level and must be 

separated and identified by source 

classification code (SCC). Nonpoint 

source categories or emission events 

reasonably estimated by the state to 

represent a de minimis percentage of 

total county and state emissions of a 

given pollutant may be omitted. 

(1) The reporting of wild and 

prescribed fires is encouraged but not 

required and should be done via only 

the ‘‘Events’’ data category. 

(2) Agricultural fires (also referred to 

as crop residue burning) must be 

reported to the nonpoint data category. 

■ 5. Section 51.30 is revised to read as 

follows: 

§ 51.30 When does my State report which 

emissions data to EPA? 

All states are required to report two 

basic types of emission inventories to 

the EPA: an every-year inventory; and a 

triennial inventory. 

(a) Every-year inventory. See Tables 2a 

and 2b of Appendix A of this subpart for 

the specific data elements to report 

every year. 

(1) All states are required to report 

every year the annual (12-month) 

emissions of all pollutants listed in 

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

sources, as defined in Table of 

Appendix A of this subpart. The first 

every-year cycle inventory will be for 

the 2009 inventory year and must be 

submitted to the EPA within 12 months, 

i.e., by December 31, 2010. 

(2) In inventory years that fall under 

the triennial inventory requirements, 

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the reporting required by the triennial 

inventory satisfies the every-year 

reporting requirements of paragraph (a) 

of this section. 

(b) Triennial inventory. See Tables 2a 

and 2b to Appendix A of subpart A for 

the specific data elements that must be 

reported for the triennial inventories. 

(1) All states are required to report for 

every third inventory year the annual 

(12-month) emissions of all pollutants 

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

sources and nonpoint sources, as well as 

model inputs for onroad mobile sources 

and nonroad mobile sources. The first 

triennial inventory will be for the 2011 

inventory and must be submitted to the 

EPA within 12 months, i.e., by 

December 31, 2012. Subsequent 

triennial inventories (2011, 2014, etc) 

will be due 12 months after the end of 

the inventory year, i.e., by December 31 

of the following year. 

(2) Any state with an area for which 

the EPA has made an 8-hour ozone 

nonattainment designation finding 

(regardless of whether that finding has 

reached its effective date) may choose to 

report summer day emissions of VOC 

and NOX from all point sources, 

nonpoint sources, onroad mobile 

sources, and nonroad mobile sources to 

the EIS using the data elements 

described in this subpart. 

(3) States with CO nonattainment 

areas and states with CO attainment 

areas subject to maintenance plans may 

choose to report winter work weekday 

emissions of CO to the EIS using the 

data elements described in this subpart. 

■ 6. Section 51.35 is revised to read as 

follows: 

§ 51.35 How can my state equalize the 

emission inventory effort from year to year? 

(a) Compiling a triennial inventory 

means more effort every three years. As 

an option, your state may ease this 

workload spike by using the following 

approach: 

(1) Each year, collect and report data 

for all Type A (large) point sources (this 

is required for all Type A point sources). 

(2) Each year, collect data for 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 three-year 

cycle. You must save three years of data 

and then report all emissions from the 

sources that are not Type A point 

sources on the triennial inventory due 

date. 

(3) Each year, collect data for 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 

triennial inventory due date. 

(b) For the sources described in 

paragraph (a) of this section, your state 

will have data from 3 successive years 

at any given time, rather than from the 

single year in which it is compiled. 

(c) If your state chooses the method of 

inventorying one-third of your sources 

that are not Type A point sources and 

triennial inventory nonpoint, nonroad 

mobile, and onroad mobile sources each 

year, your state must compile each year 

of the three-year period identically. For 

example, if a process has not changed 

for a source category or individual 

plant, your state must use the same 

emission factors to calculate emissions 

for each year of the three-year period. If 

your state has revised emission factors 

during the three years for a process that 

has not changed, you must compute 

previous years’ data using the revised 

factor. If your state uses models to 

estimate emissions, you must make sure 

that the model is the same for all 3 

years. 

■ 7. Section 51.40 is revised to read as 

follows: 

§ 51.40 In what form and format should my 

state report the data to EPA? 

You must report your emission 

inventory data to us in electronic form. 

We support specific electronic data 

reporting formats, and you are required 

to report your data in a format 

consistent with these. The term format 

encompasses the definition of one or 

more specific data fields for each of the 

data elements listed in Tables 2a and 2b 

in Appendix A of this subpart; allowed 

code values for certain data fields; 

transmittal information; and data table 

relational structure. Because electronic 

reporting technology may change, 

contact the EPA Emission Inventory and 

Analysis Group (EIAG) for the latest 

specific formats. You can find 

information on the current formats at 

the following Internet address: http:// 

www.epa.gov/ttn/chief/eis/2011nei/ 

xml_data_eis.pdf. You may also call the 

air emissions contact in your EPA 

Regional Office or our Info CHIEF help 

desk at (919) 541–1000 or send email to 

info.chief@epa.gov. 

■ 8. Section 51.50 is revised to read as 

follows: 

§ 51.50 What definitions apply to this 

subpart? 

Aircraft engine type means a code 

defining a unique combination of 

aircraft and engine used as an input 

parameter for calculating emissions 

from aircraft. 

Annual emissions means actual 

emissions for a plant, point, or process 

that are measured or calculated to 

represent a calendar year. 

Control measure means a unique code 

for the type of control device or 

operational measure (e.g., wet scrubber, 

flaring, process change, ban) used to 

reduce emissions. 

Emission calculation method means 

the code describing how the emissions 

for a pollutant were calculated, e.g., by 

stack test, continuous emissions 

monitor, EPA emission factor, etc. 

Emission factor means the ratio 

relating emissions of a specific pollutant 

to an activity throughput level. 

Emission process identifier means a 

unique code for the process generating 

the emissions. 

Emission operating type means the 

operational status of an emissions unit 

for the time period for which emissions 

are being reported, i.e., Routine, Startup, 

Shutdown, or Upset. 

Emission type means the type of 

emissions produced for onroad and 

nonroad sources or the mode of 

operation for marine vessels. 

Emissions year means the calendar 

year for which the emissions estimates 

are reported. 

Facility site name means the name of 

the facility. 

Facility site identifier means the 

unique code for a plant or facility 

treated as a point source, containing one 

or more pollutant-emitting units. The 

EPA’s reporting format allows for state 

submittals to use either the state’s data 

system identifiers or the EPA’s Emission 

Inventory System identifiers. 

Lead (Pb) means lead as defined in 40 

CFR 50.12. Emissions of lead which 

occur either as elemental lead or as a 

chemical compound containing lead 

should be reported as the mass of the 

lead atoms only. 

Mobile source means a motor vehicle, 

nonroad engine or nonroad vehicle, 

where: 

(1) A motor vehicle is any 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. 

NAICS means North American 

Industry Classification System code. 

The NAICS codes are U.S. Department 

of Commerce’s codes for categorizing 

businesses by products or services and 

have replaced Standard Industrial 

Classification codes. 

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Nitrogen oxides (NOX) means nitrogen 

oxides (NOX) as defined in 40 CFR 60.2 

as all oxides of nitrogen except N2O. 

Nitrogen oxides should be reported on 

an equivalent molecular weight basis as 

nitrogen dioxide (NO2). 

Nonpoint sources collectively 

represent individual sources that have 

not been inventoried as specific point or 

mobile sources. These individual 

sources treated collectively as nonpoint 

sources are typically too small, 

numerous, or difficult to inventory 

using the methods for the other classes 

of sources. 

Particulate matter (PM) is a criteria air 

pollutant. For the purpose of this 

subpart, the following definitions apply: 

(1) Filterable PM2.5 or Filterable PM10: 

Particles that are directly emitted by a 

source as a solid or liquid at stack or 

release conditions and captured on the 

filter of a stack test train. Filterable 

PM2.5 is particulate matter with an 

aerodynamic diameter equal to or less 

than 2.5 micrometers. Filterable PM10 is 

particulate matter with an aerodynamic 

diameter equal to or less than 10 

micrometers. 

(2) Condensable PM: Material that is 

vapor phase at stack conditions, but 

which condenses and/or reacts upon 

cooling and dilution in the ambient air 

to form solid or liquid PM immediately 

after discharge from the stack. Note that 

all condensable PM, if present from a 

source, is typically in the PM2.5 size 

fraction and, therefore, all of it is a 

component of both primary PM2.5 and 

primary PM10. 

(3) Primary PM2.5: The sum of 

filterable PM2.5 and condensable PM. 

(4) Primary PM10: The sum of 

filterable PM10 and condensable PM. 

(5) Secondary PM: Particles that form 

or grow in mass through chemical 

reactions in the ambient air well after 

dilution and condensation have 

occurred. Secondary PM is usually 

formed at some distance downwind 

from the source. Secondary PM should 

not be reported in the emission 

inventory and is not covered by this 

subpart. 

Percent control approach capture 

efficiency means the percentage of an 

exhaust gas stream actually collected for 

routing to a set of control devices. 

Percent control approach 

effectiveness means the percentage of 

time or activity throughput that a 

control approach is operating as 

designed, including the capture and 

reduction devices. This percentage 

accounts for the fact that controls 

typically are not 100 percent effective 

because of equipment downtime, upsets 

and decreases in control efficiencies. 

Percent control approach penetration 

means the percentage of a nonpoint 

source category activity that is covered 

by the reported control measures. 

Percent control measures reduction 

efficiency means the net emission 

reduction efficiency across all emissions 

control devices. It does not account for 

capture device efficiencies. 

Physical address means the location 

address (street address or other physical 

location description), locality name, 

state, and postal zip code of a facility. 

This is the physical location where the 

emissions occur; not the corporate 

headquarters or a mailing address. 

Point source means large, stationary 

(non mobile), identifiable sources of 

emissions that release pollutants into 

the atmosphere. A point source is a 

facility that is a major source under 40 

CFR part 70 for one or more of the 

pollutants for which reporting is 

required by § 51.15(a)(1). This does not 

include the emissions of hazardous air 

pollutants, which are not considered in 

determining whether a source is a point 

source under this subpart. The 

minimum point source reporting 

thresholds are shown in Table 1 of 

Appendix A. 

Pollutant code means a unique code 

for each reported pollutant assigned by 

the reporting format specified by the 

EPA for each inventory year. 

Release point apportionment percent 

means the average percentage(s) of an 

emissions exhaust stream directed to a 

given release point. 

Release point exit gas flow rate means 

the numeric value of the flow rate of a 

stack gas. 

Release point exit gas temperature 

means the numeric value of the 

temperature of an exit gas stream in 

degrees Fahrenheit. 

Release point exit gas velocity means 

the numeric value of the velocity of an 

exit gas stream. 

Release point identifier means a 

unique code for the point where 

emissions from one or more processes 

release into the atmosphere. 

Release point stack diameter means 

the inner physical diameter of a stack. 

Release point stack height means 

physical height of a stack above the 

surrounding terrain. 

Release point type code means the 

code for physical configuration of the 

release point. 

Reporting period type means the code 

describing the time period covered by 

the emissions reported, i.e., Annual, 5- 

month ozone season, summer day, or 

winter. 

State and county FIPS code means the 

system of unique identifiers in the 

Federal Information Placement System 

(FIPS) used to identify states, counties 

and parishes for the entire United 

States, Puerto Rico, and Guam. 

Source classification code (SCC) 

means a process-level code that 

describes the equipment and/or 

operation which is emitting pollutants. 

Throughput means a measurable 

factor or parameter that relates directly 

or indirectly to the emissions of an air 

pollution source during the period for 

which emissions are reported. 

Depending on the type of source 

category, activity information may refer 

to the amount of fuel combusted, raw 

material processed, product 

manufactured, or material handled or 

processed. It may also refer to 

population, employment, or number of 

units. Activity throughput is typically 

the value that is multiplied against an 

emission factor to generate an emissions 

estimate. 

Type A source means large point 

sources with a potential to emit greater 

than or equal to any of the thresholds 

listed in Table 1 of Appendix A of this 

subpart. If a source is a Type A source 

for any pollutant listed in Table 1, then 

the emissions for all pollutants required 

by § 51.15 must be reported for that 

source. 

Unit design capacity means a measure 

of the size of a point source, based on 

the reported maximum continuous 

throughput or output capacity of the 

unit. 

Unit identifier means a unique code 

for the unit that generates emissions, 

typically a physical piece of equipment 

or a closely related set of equipment. 

VOC means volatile organic 

compounds. The EPA’s regulatory 

definition of VOC is in 40 CFR 51.100. 

■ 9. Revise Table 1 to Appendix A of 

subpart A to read as follows: 

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TABLE 1 TO APPENDIX A OF SUBPART A—EMISSION THRESHOLDS 1 BY POLLUTANT FOR TREATMENT AS POINT SOURCE

UNDER 40 CFR 51.30 

Pollutant 

Every-year 

(Type A 

sources) 2

Triennial 

Type B sources NAA sources 3

(1) SO2 .............................................................................................................. ≥2500 ................ ≥100 .................. ≥100 

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

O3 (serious) ≥ 50 

O3 (severe) ≥ 25 

O3 (extreme) ≥10 

(3) NOX ............................................................................................................. ≥2500 ................ ≥100 .................. ≥100 

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

CO (all areas) ≥100 

(5) Lead ............................................................................................................ ........................... ≥0.5 ................... ≥0.5 

(6) Primary PM10 ............................................................................................... ≥250 .................. ≥100 .................. PM10 (moderate) ≥100 

PM10 (serious) ≥70 

(7) Primary PM2.5 .............................................................................................. ≥250 .................. ≥100 .................. ≥100 

(8) NH3 4 ........................................................................................................... ≥250 .................. ≥100 .................. ≥100 

1 Thresholds for point source determination shown in tons per year of potential to emit as defined in 40 CFR part 70. Reported emissions 

should be in actual tons emitted for the required time period. 2 Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant. 3 NAA = Nonattainment Area. The point source reporting thresholds vary by attainment status for VOC, CO, and PM10. 4 NH3 threshold applies only in areas where ammonia emissions are a factor in determining whether a source is a major source, i.e., where 

ammonia is considered a significant precursor of PM2.5. 

■ 10. Revise Table 2a to Appendix A of 

Subpart A to read as follows: 

TABLE 2A TO APPENDIX A OF SUBPART

A—FACILITY INVENTORY 1 DATA

ELEMENTS FOR REPORTING EMISSIONS FROM POINT SOURCES, 

WHERE REQUIRED BY 40 CFR 

51.30 

Data Elements 

(1) Emissions Year. 

(2) State and County FIPS Code or Tribal 

Code. 

(3) Facility Site Identifier. 

(4) Unit Identifier. 

(5) Emission Process Identifier. 

(6) Release Point Identifier. 

(7) Facility Site Name. 

(8) Physical Address (Location Address, Locality Name, State and Postal Code). 

(9) Latitude and Longitude at facility level. 

(10) Source Classification Code. 

TABLE 2A TO APPENDIX A OF SUBPART

A—FACILITY INVENTORY 1 DATA

ELEMENTS FOR REPORTING EMISSIONS FROM POINT SOURCES, 

WHERE REQUIRED BY 40 CFR 

51.30—Continued 

(11) Aircraft Engine Type (where applicable). 

(12) Facility Site Status and Year. 

(13) Release Point Stack Height and Unit of 

Measure. 

(14) Release Point Stack Diameter and Unit 

of Measure. 

(15) Release Point Exit Gas Temperature 

and Unit of Measure. 

(16) Release Point Exit Gas Velocity or Release Point Exit Gas Flow Rate and Unit of 

Measure. 

(17) Release Point Status and Year. 

(18) NAICS at facility level. 

(19) Unit Design Capacity and Unit of Measure (for some unit types). 

(20) Unit Type. 

(21) Unit Status and Year. 

(22) Release Point Apportionment Percent. 

TABLE 2A TO APPENDIX A OF SUBPART

A—FACILITY INVENTORY 1 DATA

ELEMENTS FOR REPORTING EMISSIONS FROM POINT SOURCES, 

WHERE REQUIRED BY 40 CFR 

51.30—Continued 

(23) Release Point Type. 

(24) Control Measure and Control Pollutant 

(where applicable). 

(25) Percent Control Approach Capture Efficiency (where applicable). 

(26) Percent Control Measures Reduction Efficiency (where applicable). 

(27) Percent Control Approach Effectiveness 

(where applicable). 

1Facility Inventory data elements need only 

be reported once to the EIS and then revised 

if needed. They do not need to be reported for 

each triennial or every-year emissions 

inventory. 

■ 11. Table 2b to Appendix A of Subpart 

A is revised to read as follows: 

TABLE 2B TO APPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING EMISSIONS FROM POINT, NONPOINT, 

ONROAD MOBILE AND NONROAD MOBILE SOURCES, WHERE REQUIRED BY 40 CFR 51.30 

Data elements Point Nonpoint Onroad Nonroad 

(1) Emissions Year .......................................................................................................... Y Y Y Y 

(2) FIPS code .................................................................................................................. Y Y Y Y 

(3) Shape Identifiers (where applicable) ......................................................................... .................... Y .................... ....................

(4) Source Classification Code ........................................................................................ .................... Y Y Y 

(5) Emission Type (where applicable) ............................................................................. .................... Y Y Y 

(8) Emission Factor ......................................................................................................... Y Y .................... ....................

(9) Throughput (Value, Material, Unit of Measure, and Type) ........................................ Y Y Y ....................

(10) Pollutant Code .......................................................................................................... Y Y Y Y 

(11) Annual Emissions and Unit of Measure .................................................................. Y Y Y Y 

(12) Reporting Period Type (Annual) .............................................................................. Y Y Y Y 

(13) Emission Operating Type (Routine) ......................................................................... Y .................... .................... ....................

(14) Emission Calculation Method ................................................................................... Y Y .................... ....................

(15) Control Measure and Control Pollutant (where applicable) ..................................... .................... Y .................... ....................

(16) Percent Control Measures Reduction Efficiency (where applicable) ....................... .................... Y .................... ....................

(17) Percent Control Approach Effectiveness (where applicable) .................................. .................... Y .................... ....................

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37176 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Proposed Rules 

TABLE 2B TO APPENDIX A OF SUBPART A—DATA ELEMENTS FOR REPORTING EMISSIONS FROM POINT, NONPOINT, 

ONROAD MOBILE AND NONROAD MOBILE SOURCES, WHERE REQUIRED BY 40 CFR 51.30—Continued 

Data elements Point Nonpoint Onroad Nonroad 

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

■ 12. Amend § 51.122 by: 

■ a. Revising paragraph (c); 

■ b. Removing and reserving paragraph 

(d); and 

■ c. Revising paragraph (f). 

The revisions read as follows: 

§ 51.122 Emissions reporting 

requirements for SIP revisions relating to 

budgets for NOX emissions. 

* * * * * 

(c) Each revision must provide for 

periodic reporting by the state of NOX

emissions data to demonstrate whether 

the state’s emissions are consistent with 

the projections contained in its 

approved SIP submission. The data 

availability requirements in § 51.116 

must be followed for all data submitted 

to meet the requirements of paragraph 

(c) of this section. 

* * * * * 

(f) Reporting schedules. Data 

collection is to begin during the ozone 

season 1 year prior to the state’s NOX

SIP Call compliance date. 

[FR Doc. 2013–14628 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0362; FRL–9815–4] 

Revisions to the California State 

Implementation Plan, San Diego Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the San Diego Air Pollution 

Control District (SDAPCD) portion of 

the California State Implementation 

Plan (SIP). This revision concerns 

volatile organic compound (VOC) 

emissions from architectural coatings. 

We are proposing to approve a local rule 

to regulate these emission sources under 

the Clean Air Act (CAA or the Act). 

DATES: Any comments on this proposal 

must arrive by July 22, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0362, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rule: San Diego APCD Rule 67.0 

Architectural Coatings. In the Rules and 

Regulations section of this Federal 

Register, we are approving this local 

rule in a direct final action without 

prior proposal because we believe this 

SIP revision is not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: May 6, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–14514 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–TRI–2012–0110; FRL–9819–1] 

RIN 2025–AA34 

Addition of Nonylphenol Category; 

Community Right-to-Know Toxic 

Chemical Release Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to add a 

nonylphenol category to the list of toxic 

chemicals subject to reporting under 

section 313 of the Emergency Planning 

and Community Right-to-Know Act 

(EPCRA) of 1986 and section 6607 of the 

Pollution Prevention Act (PPA) of 1990. 

EPA is proposing to add this chemical 

category to the EPCRA section 313 list 

pursuant to its authority to add 

chemicals and chemical categories 

because EPA believes this category 

meets the EPCRA section 313(d)(2)(C) 

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