33268 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules

1EPA recognizes that in its recent decision, the

United States Court of Appeals remanded certain

issues regarding the NOx SIP call to the Agency. See

State of Michigan v. United States Environmental

Protection Agency, No. 98–1497, United States

Court of Appeals for the District of Columbia

Circuit, slip op. issued March 3, 2000. Those issues,

however, do not include the reporting requirements

and the proposed consolidation of those

requirements does not represent any prejudgment of

the issues on remand to the Agency. EPA also

recognizes that at this time the SIP call submission

deadline has been stayed by the court and that the

reporting requirements connected with the SIP call

would not go into effect until the issues regarding

the timing of SIP submissions are resolved.

www.loc.gov/copyright/carp/

DiMApetition.pdf) in order to facilitate

the dissemination of the information

presented in the petition.

Dated: May 18, 2000.

Marilyn Kretsinger,

Assistant General Counsel.

[FR Doc. 00–12970 Filed 5–22–00; 8:45 am]

BILLING CODE 1410–31–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 51

[AD–FRL–6703–6]

RIN 2060–AH25

Consolidated Emissions Reporting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing this rule to

improve and simplify emissions

reporting. Many State and local agencies

asked EPA to take this action to:

consolidate reporting requirements;

improve reporting efficiency; provide

flexibility for data gathering and

reporting; better explain to program

managers and the public the need for a

consistent inventory program.

Consolidated reporting should increase

the efficiency of the emission inventory

program and provide more consistent

and uniform data. EPA is seeking

comment on the addition of reporting

requirements for hazardous air

pollutants (HAPs), and is proposing to

add reporting requirements for

particulate matter less than or equal to

2.5 micrometers (PM 2.5) and its

precursors, and is proposing to reduce

the reporting requirements for other

criteria pollutants.

DATES: Submit comments on or before

July 7, 2000.

ADDRESSES: Send comments (in

duplicate, if possible) to: Air and

Radiation Docket (6102), US

Environmental Protection Agency, Attn:

Docket No. A9840, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

William B. Kuykendal, Emissions,

Monitoring, and Analysis Division

(MD–14), Office of Air Quality Planning

and Standards, U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina, 27711, Telephone:

(919) 541–5372, email:

kuykendal.bill@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Authority

Sections 110(a)(2)(F), 110(a)(2)(K),

110(a)(2)(J),112, 182(a)(3)(B), 172(c)(3),

182(a)(3)(A), 187(a)(5), 301(a)

II. Background

Emission inventories are critical for

the efforts of State, local, and federal

agencies to attain and maintain the

National Ambient Air Quality Standards

(NAAQS) that EPA has established for

criteria pollutants such as ozone,

particulate matter, and carbon

monoxide. Pursuant to its authority

under section 110 of Title I of the Clean

Air Act, EPA has long required State

Implementation Plans (SIPs) to provide

for the submission by States to EPA of

emission inventories containing

information regarding the emissions of

criteria pollutants and their precursors

(e.g., volatile organic compounds

(VOC)). EPA codified these

requirements in 40 CFR part 51, subpart

Q in 1979 and amended them in 1987.

The 1990 Amendments to the Clean

Air Act (Act) revised many of the

provisions of the Clean Air Act related

to the attainment of the NAAQS and the

protection of visibility in mandatory

class I Federal areas (certain national

parks and wilderness areas). These

revisions establish new periodic

emission inventory requirements

applicable to certain areas that were

designated nonattainment for certain

pollutants. For example, section

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

emission inventory every three years (3-

Year cycle) for ozone nonattainment

areas beginning in 1993. Emissions

reported must include VOC, nitrogen

oxides (NOx), and carbon monoxide

(CO) for point, area, mobile (onroad and

nonroad), and biogenic sources.

Similarly, section 187(a)(5) requires

States to submit an inventory every

three years for CO nonattainment areas

for the same source classes, except

biogenic sources. EPA, however, did not

codify these statutory requirements in

the Code of Federal Regulations (CFR),

but simply relied on the statutory

language to implement them.

EPA has promulgated the NOx SIP

Call (§ 51.122) which calls on the

effected States and the District of

Columbia to submit SIP revisions

providing for NOX reductions in order

to reduce the amount of ozone and

ozone precursors transported between

states. As part of that rule, EPA

established reporting requirements to be

included in the SIP revisions to be

submitted by States in accordance with

that action. 1

This proposal consolidates the

various reporting requirements that

already exist into one place in the CFR,

establishes new ones for PM 2.5 and

regional haze, establishes new

requirements for the statewide reporting

of area source and mobile source

emissions, includes the reporting

requirements for the NOX SIP call and

asks for comments on new reporting for

air toxics.

In this action, we refer to these types

of inventories as the following:

• Point source inventories

• 3-Year cycle inventories

• NOX SIP call inventories

States use data obtained through

current annual reporting requirements

(point source inventories) to record

emissions from large sources and to

track progress in reducing emissions

from them. States get 3-Year cycle data

from stationary sources with lower

yearly emission levels and use them

with the point source inventories to

update their emission inventory every

three years. States included in the NOX

SIP call will collect emissions data from

the sources that are subject to control as

a means of compliance. The Rule also

takes advantage of data from Emission

Statements available to States but not

reported to EPA. As appropriate, States

may use this data to meet their reporting

requirements for point source data.

Combining data from these activities

gets the most information from sources

with the least burden on the industry

and less effort by State and local

government agencies. By treating this

information as a comprehensive

emission inventory, States and local

agencies may do the following:

• Measure their progress in reducing

emissions.

• Have a tool they can use to support

future trading programs.

• Set a baseline from which to do

future planning.

• Answer the public’s request for

information.

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules 33269

2 In American Trucking Assn. v. EPA, No. 97–

1440 (‘‘ATA’’), the court found that the record

‘‘amply justified’’ the need for fine particle

standards, but remanded for further consideration

of the levels of those standards. As EPA explained

to the ATA Court in supplemental briefing on the

remedy, the States should proceed with preparation

of PM2.5 emissions inventories because they will be

necessary regardless of the levels of the fine particle

standards. Accordingly, it is appropriate to proceed

with this proposal regarding the collection of

emission inventories.

We intend these inventories to help

nonattainment areas develop and meet

SIP requirements to reach the NAAQS.

States will need to inventory direct

emissions of PM2.5 and its precursors

beginning in 2000 for the inventory year

1999. Since PM2.5 is a NAAQS

pollutant, we feel it is appropriate to

begin collecting this emissions data.2

States will also have to estimate direct

emissions of primary particulate matter

and PM2.5 precursor emissions of

condensible organics and ammonia.

These PM2.5 related data elements are

needed as input to emission models.

The Administrator has determined that

States should submit statewide point

source and 3-Year cycle inventories for

PM10, PM2.5, and regional haze,

consistent with the data requirements

for O3 and CO. Sections 110(a)(2)(F) and

172(c)3 provide ample statutory

authority for this proposal as it relates

to criteria pollutants. Section

110(a)(2)(F) provides that SIPs are to

require ‘‘as may be prescribed by the

Administrator*** (ii)periodic

reports on the nature and amounts of

emissions and emissions-related data

from such sources.’’ Section 172(c)(2)(3)

provides that SIPs for nonattainment

areas are to ‘‘include a comprehensive,

accurate, current inventory of actual

emissions from all sources of the

relevant pollutant or pollutants in such

area, including such periodic revisions

as the Administrator may determine

necessary to assure that the

requirements of this part are met.’’

Additional statutory authority for

emissions inventories from 1-hour

ozone nonattainment areas is provided

by section 182(a)(3)(A) and for

emissions inventories from CO

nonattainment areas is provided by

section 187(a)(5). Section 301(a)

provides authority for EPA to

promulgate regulations embodying these

provisions.

What Is the Purpose of the Consolidated

Emissions Reporting Rule (CERR)?

The purpose of this rule is fourfold:

• Simplify emissions reporting,

• Offer options for data exchange

• Unify reporting dates for various

categories of inventories, and

• Include reporting fine particulate

matter and its precursors.

Previous requirements may have, at

times, led to inefficient reporting. This

rule provides options for reporting that

allow States to match their ongoing

activities with federal requirements and

provides two options for transmitting

data to EPA. This action also

consolidates existing and new

requirements of emission inventory

programs for point sources and 3-Year

cycles.

Who Will Have To Comply With the

CERR Requirements?

This rule will apply to State and local

air pollution control agencies. In the

rule, we have adopted ‘‘plain English

language’’. When ‘‘you’’ is used we

mean the State or local agency. When

‘‘we’’ is used, EPA is meant.

How Are the CERR’s Requirements

Different From Existing Requirements?

(a) Additional Pollutants

Your State’s inventory will add PM2.5,

and PM2.5 precursors to the criteria

pollutants.

(b) Geographic Coverage of Inventory

Your State now reports point source

emissions statewide and emissions from

area and mobile sources by

nonattainment area. Your State’s new

inventory will be statewide by county

for all source types, regardless of the

attainment status.

(c) Frequency of Reporting

Your State will continue to report

emissions from very large point sources

(See Table 1) annually. Your State has

a choice to report smaller point sources

every three years or one-third of the

sources each year. Your State will

continue to report emissions from

nonattainment areas for area and mobile

sources every three years. Attainment

areas will be required, for the first time,

to report area and mobile source

emissions.

How Will EPA Use the Data Collected

Under This Reporting Requirement?

EPA uses emission inventories to

form realistic public policy by the

following:

• Modeling analyses,

• Projecting future control strategies,

• Tracking progress to meet

requirements of the Clean Air Act,

• Calculating risk, and

• Responding to public inquiries.

Why Does EPA Want my State’s Data?

Most of the information EPA needs is

readily available from States because of

the States’ efforts to follow the Clean Air

Act and its amendments. Using data

States have already estimated or

collected is a cheaper, more efficient

way for us to get information to analyze.

EPA can pull your data into a central

repository of emissions data and extract

what we need to fulfill our mandates.

How Will Others Use my Data Collected

Under This Requirement?

Recent events have shown that some

States need emissions data for areas

outside their borders. Programs such as

the Ozone Transport Assessment Group,

the Ozone Transport Commission NOX

Baseline study, and the Grand Canyon

Visibility Transport Commission

demonstrated this need. As we

recognize pollution as a regional

problem, agencies will need multistate

inventories more often to do such things

as regional modeling.

We can meet our common needs by

creating a central repository of data from

State and local agencies, or a group of

regional emissions databases. Such

repositories offer the advantage of ready

access and availability, common

procedures for ensuring the quality of

data, and an ability to meet the general

needs of many potential users.

What Happens if EPA Doesn’t Get my

Agency’s Emissions Data?

If we don’t receive your emissions

information at the time this rule

specifies, we’ll use whatever we have to

produce emissions data for your

agency’s geographical area. Congress

often mandates our analyses, so we

depend on you to provide the data to

complete them. If we don’t get your

data, we must find other ways to

compile similar information.

We can estimate your agency’s

inventory by any of the following:

• National allocation (top down)

methods,

• Projecting from previous data, or

• Using our best judgment.

For area and mobile sources, our

methods usually represent your

emissions reasonably well. For point

sources, our estimates are less accurate.

We have to estimate activity and plant

parameters based on general knowledge

rather than using your specific

information.

The Act provides for other actions

against a State if we do not receive your

data. For example, if a State does not

provide emissions data for NAAQS

pollutants in nonattainment areas, EPA

may take actions such as making

findings of failure to submit, that are

authorized in instances where a State

fails to fulfill SIP obligations.

33270 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules

What Additional Reporting

Requirements Is EPA Considering?

We are seeking comment on the

advisability of requiring new reporting

of hazardous air pollutants (HAP)

emissions.

In addition to the emission inventory

provisions related to NAAQS pollutants,

EPA is also considering requiring

emission inventory reporting of HAPs.

The requirements for HAP reporting

would be imposed under authority of

section 301(a) which authorizes the

Administrator to prescribe such

regulations as are necessary to carry out

her functions under the Act. Several

provisions in the CAA address HAPs

and, by the nature of their requirements,

imply the need for a HAP emissions

inventory. Some examples follow.

Title V of the Act requires the

Administrator to perform an oversight

role with respect to State issued

permits, including permits issued to

major sources of HAP emissions. In

order to determine whether that

program is being appropriately and

lawfully administrated by the States

with respect to major HAP sources, a

HAP emission inventory is necessary.

You are developing programs to regulate

HAPs and your Title V programs must

include permits for all HAP sources

emitting major quantities of HAPs (10

tons of one HAP or 25 tons of multiple

HAPs per year). Thus, the Administrator

believes including HAPs in the point

source inventory is appropriate and

necessary.

Section 112(n)(1)(A) requires us to

report to Congress on the hazards to

public health reasonably anticipated to

occur as a result of emissions from

electric utility steam generating units.

Section 112(n)(1)(B) requires us to

provide a report to Congress that

considers the rate and mass of HAP

emissions and the health and

environmental effects of these

emissions. Section 112(c)(6) requires a

list of categories and subcategories of

HAP sources subject to standards that

account for not less than 90% of the

aggregate emission of each pollutant.

Although these new requirements do

not include specific provisions

requiring the compilation of HAP

emissions inventories, they do

introduce the need for such inventories

in order to carry out the mandated

statutes.

Section 112(k)(3) of the Act mandates

that we develop a strategy to control

emissions of HAPs from area sources in

urban areas, and that the strategy

achieve a reduction in the incidence of

cancer attributable to exposure to HAPs

emitted by stationary sources of not less

than 75%, considering control of

emissions from all stationary sources, as

well as a substantial reduction in public

health risks posed by HAPs from area

sources. These mandated risk

reductions are to be achieved by taking

into account all emission control

measures implemented by the

Administrator or by the States under

this or any other laws. A reliable HAP

emission inventory covering all

stationary sources of HAPs, including

point and area sources, will be

important in developing the mandated

strategy and demonstrating that the

strategy achieves the mandated risk

reductions. It would be virtually

impossible for us to identify and

estimate HAP-specific emission

reductions from all the federal and State

rules that might result in HAP emission

reductions. Therefore, we believe

development of the strategy and

assessment of progress in achieving the

strategic goals requires that we develop

and periodically update a HAP emission

inventory. As presented in a recent

Federal Register notice on the National

Air Toxics Program: The Integrated

Urban Strategy (64 FR 38706), we have

designed an assessment approach that

depends upon a reliable and

periodically updated HAP emission

inventory as a critical element in the

assessments that support the

development and evaluation of our

urban strategy.

In addition to the Act requirements,

the Government Performance and

Results Act (GPRA) provides new

emphasis on the need for HAP emission

inventories, assessment of emissions

reductions, and resulting reductions in

risk. The GPRA, enacted in 1993,

requires federal agencies to establish

standards measuring their performance

and effectiveness. It is the primary

legislative mandate that requires

agencies to set strategic goals, measure

performance, and report on the degree

to which goals are met.

For the EPA’s air toxics program, the

initial goal, by 2010, is to reduce air

toxic emissions by 75% from 1993

levels to significantly reduce the risk to

Americans of cancer and other serious

adverse health effects caused by

airborne toxics.

The EPA is working to further refine

this goal so that in the future the air

toxics program will protect human

health and the environment by reducing

the risks from air toxic emissions,

particularly focusing on populations

and areas disproportionately impacted

which include, for example, urban

areas, children at risk, and populations

whose water and food are affected by

persistent, bioaccumulating toxics.

Assessing progress in reducing

cumulative risk from HAPs will require

EPA to move away from a focus on

assessing reductions from tons per year

emitted, toward a focus on estimating

reductions in cancer and non-cancer

risks associated with lower emissions.

In general, the choice of appropriate risk

characterization approaches will be

influenced by both the availability of

data to support exposure assessments,

and the level of detail and resolution

needed to support the purpose of the

assessment. EPA has identified four

basic approaches for various

assessments to evaluate progress with

the air toxics program in reducing

estimated risk. While each of the

approaches relies on different types of

data to represent exposures, all of these

approaches rely on emission inventory

information. The four basic approaches

are: (1) toxicity weighting of emissions

or ambient concentrations; (2)

comparison between ambient

concentration and risk-based

concentrations (RBCs); (3) comparison

between estimated exposure and RBCs

that may yield quantitative estimates of

risk; and (4) quantitative estimates of

carcinogenic risk for individuals and

populations. Approaches 1 and 2 are

considered hazard-based approaches, in

that they lack exposure or dispersion

modeling, while approaches 3 and 4 are

considered risk-based approaches in

that they do incorporate exposure

assessments and thereby can provide

quantitative risk estimates. Approaches

3 and 4 require a detailed emission

inventory that includes facility-specific

detail (e.g., geographic location, stack

heights).

You would be required to report HAP

emissions for plants emitting at least 10

tons per year of one HAP or 25 tons per

year of two or more HAPs. You would

be required to report the same data

elements now being submitted for

criteria pollutants. You would provide

these new data as part of the 3-year

cycle inventory.

III. Administrative Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, October 4, 1993), we must

determine whether the regulatory action

is ‘‘not significant’’ and therefore not

subject to review by the Office of

Management and Budget (OMB) and to

the Executive Order’s requirements.

We’ve determined this action is

‘‘significant’’ and therefore does require

OMB review, based on the Order’s

definition of a ‘‘significant’’ regulatory

action as one that is likely to result in

a rule that may do any of the following:

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules 33271

1. Have an annual effect on the

economy of $100 million or more or

materially harm the economy, a sector

of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State and

local governments or communities. The

ICR (EPA ICR No. 0916.09) analysis

shows that the costs to implement the

Rule are less than $100 million. The

analysis from the ICR shows total costs

including proposed new requirements

and start up are about $2 million.

2. Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another Agency. The rule

will increase data consistency, thus

assisting other Agencies.

3. Materially alter the budgetary effect

of entitlements, grants, user fees, or loan

programs or the rights and obligations of

those who receive them. Grant funds

have been identified to support these

activities.

4. Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

in the Executive Order. This rule will

establish requirements for collecting

and reporting new data to EPA and for

this reason is deemed to be

‘‘significant’’.

B. Paperwork Reduction Act

The new information collection

requirements in this proposed rule have

been submitted for approval to the

Office of Management and Budget

(OMB) under the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq. Earlier the

Office of Management and Budget

approved the current information

collection requirements in part 51 under

the Paperwork Reduction Act and has

assigned OMB control number 2060–

0088 (EPA ICR No. 916.07). The

Information Collection Request (ICR)

document for the new information

collection requirements has been

prepared by EPA (ICR No. 0916.09) and

a copy may be obtained from Sandy

Farmer by mail at Collection Strategies

Division; U.S. Environmental Protection

Agency (2822); 1200 Pennsylvania Ave.,

NW, Washington, DC 20460, by email at

farmer.sandy@epa.gov, or by calling

(202) 260–2740. A copy may also be

downloaded from the internet at http:/

/www.epa.gov/icr.

Today’s action revises part 51 to

consolidate old reporting requirements,

adds new requirements for PM2.5 and its

precursors, adds new Statewide

reporting requirements for area and

mobile sources and asks for comments

on newly recognized reporting needs for

HAPs. Data from proposed new

reporting will be used to:

• Support modeling analyses,

• Project future control strategies,

• Track progress to meet

requirements of the Clean Air Act,

• Calculate risk, and

• Respond to public inquiries.

If finalized, this proposed rule would

contain mandatory information

reporting requirements (see 40 CFR

51.001); EPA considers all information

reported under this proposed rule to be

in the public domain and therefore

cannot be treated as confidential.

The information in the following table

was summarized from ICR 0916.09 and

presents the reporting burden estimates.

BURDEN ESTIMATE SUMMARY

Reporting requirement Number of

respondents

Hours per

respondent

Total hours

per year

Total labor

costs per year

Total annual

capital costs

Total annual

O&M costs

STATE RESPONDENTS

Current ..................................................... 55 121 6,636 $205,420 $23,100 $6,600

Statewide Area and Mobile Source Reporting ................................................... * 717 20,971 553,897 ........................ ........................

PM2.5 Reporting ....................................... 55 42 2,310 61,006 ........................ ........................

HAP Reporting ......................................... * 700 14,350 378,976 ........................ ........................

Subtotal for States ............................ ........................ 1,580 44,267 1,199,299 ........................ ........................

INDUSTRY RESPONDENTS

HAP Reporting ......................................... 7,500 3 22,500 844,000 ........................ ........................

Total ........................................... 7,555 ........................ 66,767 2,043,299 23,100 6,600

* Varies.

The results in the table are broken

down into State respondents and

industry respondents. Within these

groups, the reporting burden is further

broken down into ‘‘current

requirements’’,‘‘Statewide area and

mobile source reporting requirements’’,

‘‘PM2.5 reporting requirements’’, and

‘‘HAP reporting requirements.’’ This has

been done to highlight the major areas

changed by the CERR and to show the

impact of these changes on the

estimated burden.

To simplify the discussion, only the

total hours per year will be discussed,

however, the other burden components

are related and the discussion would be

similar. The burden hours estimated for

all of the emission inventory reporting

requirements in place prior to this

proposed rule are labeled ‘‘current’’ and

total 6,636 hours per year. Because of

the streamlining and flexibility offered

by the CERR, these ‘‘current’’

requirements are reduced from the

original burden estimate of 11,448 hours

per year; a savings of 4,812 hours per

year. The new reporting requirements

for Statewide area and mobile source

reporting adds 20,971 hours per year

and the PM2.5 reporting requirements

adds 2,310 hours per year. All of these

burden changes are attributable to the

State agency respondents.

Because the Environmental Protection

Agency is requesting comment on the

advisability of requiring HAP reporting,

these costs are shown separately in the

table. Note that there is a burden

increment for both State and industry

respondents. For the States, the new

HAP reporting burden would add

14,350 hours per year. For industry,

22,500 hours per year would be added.

The total burden impact of the CERR,

including the HAP reporting

requirements, is estimated to be 66,767

hours per year for State and industry

respondents. For the States alone, this

total is 44,267 hours per year. It should

be noted that, of this State total of

44,267 hours per year, approximately

20,000 hours per year are associated

with start-up costs that will no longer be

33272 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules

incurred after the first three years. Thus,

after three years, the estimated burden

becomes about 24,000 hours per year for

the States and about 47,000 hours per

year for the States and industry.

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 are listed

in 40 CFR Part 9 and 48 CFR Chapter

15.

Comments are requested on the

Agency’s need for this information, the

accuracy of the provided burden

estimates, and any suggested methods

for minimizing respondent burden,

including through the use of automated

collection techniques. Send comments

on the ICR to the Director, Collection

Strategies Division; U.S. Environmental

Protection Agency (2822); 1200

Pennsylvania Ave., NW, Washington,

DC 20460; and to the Office of

Information and Regulatory Affairs,

Office of Management and Budget, 725

17th St., N.W., Washington, DC 20503,

marked ‘‘Attention: Desk Officer for

EPA.’’ Include the ICR number in any

correspondence. Since OMB is required

to make a decision concerning the ICR

between 30 and 60 days after May 23,

2000 a comment to OMB is best assured

of having its full effect if OMB receives

it by June 22, 2000. The final rule will

respond to any OMB or public

comments on the information collection

requirements contained in this proposal.

C. Impact on Small Entities

Under the Regulatory Flexibility Act

we don’t need to analyze this proposed

regulation’s flexibility because it doesn’t

affect small entities whose jurisdictions

cover fewer than 50,000 people. Under

5 U.S.C. 605(b), I certify that this action

won’t significantly affect the economic

well-being of a substantial number of

small entities.

D. Executive Order 13045: Children’s

Health Protection

Executive Order 13045: ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997) applies to any rule that:

(1) is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

EPA interprets Executive Order 13045

as applying only to those regulatory

actions that are based on health or safety

risks, such that the analysis required

under section 5–501 of the Order has

the potential to influence the regulation.

This rule is not subject to Executive

Order 13045 because it is based on

technology performance and not on

health or safety risks.

E. The National Technology Transfer

and Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law No.

104–113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This proposed rule making does not

involve technical standards. Therefore,

EPA is not considering the use of any

voluntary consensus standards.

F. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

EPA has determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate, or

the private sector in any one year. The

additional work required by this rule

takes advantage of information already

in the possession of reporting groups.

Using existing data leverages past work

and reduces the burden of this rule.

This conclusion is supported by the

analysis done in support of EPA ICR No.

0916.09, OMB control number 2060–

0088, which shows that total costs will

be about $2 million. Thus, today’s rule

is not subject to the requirements of

sections 202 and 205 of the UMRA.

G. Executive Order 13132: Federalism

Executive Order 13132, entitled

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

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules 33273

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

Under section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law, unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

If EPA complies by consulting,

Executive Order 13132 requires EPA to

provide to the Office of Management

and Budget (OMB), in a separately

identified section of the preamble to the

rule, a federalism summary impact

statement (FSIS). The FSIS must include

a description of the extent of EPA’s

prior consultation with State and local

officials, a summary of the nature of

their concerns and the agency’s position

supporting the need to issue the

regulation, and a statement of the extent

to which the concerns of State and local

officials have been met. Also, when EPA

transmits a draft final rule with

federalism implications to OMB for

review pursuant to Executive Order

12866, EPA must include a certification

from the agency’s Federalism Official

stating that EPA has met the

requirements of Executive Order 13132

in a meaningful and timely manner.

EPA has concluded that this proposed

rule will have federalism implications.

This is based on the new requirements

proposed by this rule that States will

now have to report their emissions

Statewide and will have to report PM2.5

and PM2.5 precursor emissions.

Moreover, it also may impose

substantial direct compliance costs on

State or local governments, and the

Federal government will not provide the

funds necessary to pay those costs.

Accordingly, EPA provides the

following FSIS as required by section

6(b) of Executive Order 13132.

Federalism Summary Impact Statement

(FSIS)

EPA convened a Work Group that

included representatives from three

States (CA, NJ, TX) in addition to EPA

representatives. This Work Group met

via conference calls over a period of

about a year and a half beginning in

early 1997. In addition, EPA maintained

an active dialog with a larger number of

States through the State and Territorial

Air Pollution Program Administrators

(STAPPA) and the Association of Local

Air Pollution Control Officials

(ALAPCO). The STAPPA/ALAPCO

coordination involved two forums: 1.

The Standing Air Emissions Work

Group (SAEWG) and 2. The STAPPA/

ALAPCO Emissions and Modeling

committee. The coordination with the

States through the STAPPA/ALAPCO

process will continue throughout this

rule making process. There is

considerable support for this rule by the

States. The States like having all of the

emission inventory reporting

requirements updated and in one

consolidated rule. However, two

principal concerns were raised by the

States: 1. Does EPA have authority to

collect HAP data?, and 2. Will the rule

limit the States’ ability to collect

emission inventory data beyond the

requirements of the rule? EPA has

addressed both of these concerns. The

first concern has been addressed by

removing the HAP reporting

requirements from the rule. Instead,

these requirements are discussed in the

preamble and EPA is requesting

comments. The second concern was

addressed by the nature of the rule. The

rule only specifies information that

should be reported to EPA. It does not

limit the States from collecting whatever

data they deem necessary for their

emission inventory programs.

EPA consulted with State and local

officials early in the process of

developing the proposed regulation to

permit them to have meaningful and

timely input into its development. For

the reasons discussed under the FSIS,

EPA believes that it has complied with

the requirements of Executive Order

13132.

H. Executive Order 13084: Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments to provide meaningful and

timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. Accordingly,

the requirements of section 3(b) of

Executive Order 13084 do not apply to

this rule.

List of Subjects in 40 CFR Part 51

Environmental protection,

Administrative practice and procedure,

Air pollution control, Carbon monoxide,

Intergovernmental relations, Nitrogen

oxides, Ozone, Particulate matter,

Reporting and recordkeeping

requirements.

Dated: May 12, 2000.

Carol M. Browner,

Administrator.

For the reasons stated in the

preamble, title 40, chapter I, of the Code

of Federal Regulations is proposed to be

amended as follows:

PART 51—[AMENDED]

1. The authority citation for part 51

continues to read as follows:

Authority: 42 U.S.C. 7410, 7414, 7421,

7470–7479, 7491, 7492, 7601, and 7602.

2. Part 51 is amended by adding

subpart A to read as follows:

Subpart A—Emission Inventory Reporting

Requirements

Sec.

51.1 For what sources must States do

emissions reporting?

General Information for Inventory Preparers

51.5 Who is responsible for actions

described in this subpart?

51.10 What tools are available to help

prepare and report emissions data?

51.15 How does my State reduce the effort

for reporting?

Specific Reporting Requirements

51.20 What data does my State need to

report to EPA?

51.25 What are the emission thresholds that

separate point and area sources?

51.30 What geographic area must my State’s

inventory cover?

33274 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules

51.35 When does my State report the data

to EPA?

51.40 In what form should my State report

the data to EPA?

51.45 Where should my State report the

data?

Appendix A to Subpart A of Part 51—Tables

and Glossary

Appendix B [Reserved]

Subpart A—Emission Inventory

Reporting Requirements

§ 51.1 For what sources must States do

emissions reporting?

Point sources for which States must

report emissions annually under

§ 51.321 are defined as follows:

(a) For PM10, PM2.5, ammonia, sulfur

oxides, VOC, and nitrogen oxides, any

plant that actually emits at least 90.7

metric tons (100 tons) per year of any

pollutant.

(b) For carbon monoxide, any plant

that actually emits at least 907 metric

tons (1000 tons) per year.

(c) For lead and lead compounds

measured as elemental lead, any plant

that actually emits at least 4.5 metric

tons (5 tons) per year.

General Information for Inventory

Preparers

§ 51.5 Who is responsible for actions

described in this subpart?

State and local agencies whose

geographic coverage include any point,

area, mobile, or biogenic sources must

inventory these sources and report this

information to EPA.

§ 51.10 What tools are available to help

prepare and report emissions data?

(a) We urge your State to use

estimation procedures described in

documents from the Emission Inventory

Improvement Program (EIIP). These

procedures are standardized and ranked

according to relative uncertainty for

each emission estimating technique.

Using this guidance will enable others

to use your State’s data and be able to

evaluate its quality and consistency

with other data.

§ 51.15 How does my State reduce the

effort for reporting?

(a) Compiling smaller point source

(Type B) and 3-Year cycle inventories

(see Appendix A, Table 1 of this

subpart) means much more effort every

three years, but your State may ease this

workload spike by reporting one-third of

your Type B point and 3-Year cycle

sources each year. For these sources,

your State will therefore have data from

three successive years at any given time,

rather than from the single year in

which it is compiled. If your State needs

to inventory the entire category of Type

B point and 3-Year cycle sources in a

single year, your State should report this

data instead of a third of the estimates

each year. If your State is a NOX SIP Call

state as defined in § 51.122, your State

can’t use these optional reporting

frequencies for NOX.

(b) If your State needs a base year

emission inventory for a selected

pollutant, your State must compile an

inventory of all affected source

categories for the specified year.

(c) If your State chooses the method

of reporting one-third of your Type B

sources and 3-Year cycle sources each

year, your State must compile each year

of the three year period identically. For

example, if a process hasn’t changed for

a source category or individual plant,

your State must use the same emission

factors to calculate emissions for each

year of the three year period. If your

State has revised emission factors

during the three years for a process that

hasn’t changed, resubmit previous

year’s data using the revised factor. If

your State uses models to estimate

emissions during any year of the three

year period, make them identical for all

three years.

Specific Reporting Requirements

§ 51.20 What data does my State need to

report to EPA?

(a) Pollutants. Report emissions of the

following:

(1) Sulfur oxides.

(2) VOC.

(3) Nitrogen oxides.

(4) Carbon monoxide.

(5) Lead and lead compounds.

(6) PM10.

(7) PM2.5.

(8) PM2.5 precursors including

ammonia.

(b) Supporting information. Report

the data elements in Table 2a through

2d of appendix A to this subpart.

Depending on the format you choose to

report your State data, additional

information not listed in Tables 2a

through 2d will be required. Specific

instructions for your State system

format should be consulted. Any you

don’t report we’ll have to generate with

our own techniques. We may ask you

for other data to meet special

requirements.

(c) Confidential data. We don’t

consider the data in Tables 2a through

2d of appendix A to this subpart

confidential, but some States limit

release of this type of data. Any data

that you submit to EPA under this rule

will be considered in the public domain

and cannot be treated as confidential. If

Federal and State requirements are

inconsistent, consult your EPA Regional

Office for a final reconciliation.

§ 51.25 What are the emission thresholds

that separate point and area sources?

(a)(1) Use the following actual

emissions thresholds in attainment

areas for point source reporting:

(i) Sources emitting at least 100 tpy

for SOX, VOC, NOX, PM10, PM2.5.

(ii) Sources emitting at least 1000 tpy

for CO.

(iii) Sources emitting at least 5 tpy for

lead and lead compounds.

(2) See Table 1 of appendix A to this

subpart for reporting thresholds on

point sources in nonattainment areas.

(b) Your State has the option to

inventory and report any stationary

sources below these thresholds as point

or area sources. If you have lower

emission thresholds for point sources in

your State, you should use them in

reporting your emissions to EPA. See

Table 1 of appendix A to this subpart for

thresholds to report 3-Year cycle data

and Tables 2a through 2d of appendix

A to this subpart for data elements to

report.

(c) In moderate PM10 nonattainment

areas your State should inventory

sources emitting at least 100 tpy (actual)

as point sources. In serious PM10

nonattainment areas, this requirement

applies to sources emitting at least 70

tpy (actual). Inventory PM2.5 sources

emitting at least 100 tpy (actual) as

point sources. Inventory ammonia (a

precursor to PM2.5) as a point or area

source.

§ 51.30 What geographic area must my

State’s inventory cover?

Because of the regional nature of these

pollutants, your State’s inventory must

be statewide, regardless of an area’s

attainment status.

§ 51.35 When does my State report the

data to EPA?

Your State must report data for the

point source inventory and the 3-Year

cycle inventory 17 months (by June 1)

after the end of the calendar emission

year. For example, your calender year

1999 inventory should be reported to

EPA by June 1, 2001.

(a) Point source. As seen in Table 1 of

appendix A to this subpart, your State

should divide your point source

inventory into two subsets—Type A

source inventory and Type B source

inventory—with different reporting

frequencies. Report actual annual

emissions from Type A point sources

each calendar year. Review stack data

(height, diameter, flow rate,

temperature, velocity, and stack

number) every three years and send in

changes shown in Table 2a of appendix

A to this subpart.

(b) 3-Year cycle. (1) Your State should

send EPA its annual and daily estimates

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules 33275

of actual emissions every three years for

Type B point sources and area and

mobile sources. For Type B point source

inventories, include facilities not

reported under the Type A source

requirement. Area data includes sources

below the thresholds for Type B point

sources. Your State may report

emissions from one-third of your State’s

Type B point sources, area, and mobile

sources each year or from all sources

every three years.

(2) Your State and your EPA Regional

Office may tailor the reporting by

selecting sources that most affect your

agency.

(3) We encourage your State to

integrate your State’s own reporting

requirements with EPA’s.

(c) NOX SIP call. For NOX SIP call

reporting, States must submit data for a

required year no later than 12 months

after the end of the calendar year for

which the data are collected.

(1) For point, area and mobile sources

within your State that your State is

controlling to meet the NOX reductions

in § 51.121, submit estimates of NOX

annually for the NOX ozone season as

shown in Tables 2a, 2b and 2c of

appendix A to this subpart.

(2) For all NOX sources including

point, area and mobile sources within

your State, whether controlled or

uncontrolled, submit estimates of NOX

emissions every three years for the NOX

ozone season as shown in Tables 2a, 2b

and 2c of appendix A to this subpart.

(d) Other. Your State must establish

an initial baseline for biogenic

emissions. Your State need not submit

more biogenic data unless land use

characteristics or the methods for

estimating emissions change. If either of

these variables change, your State must

report new biogenic emissions during

the reporting period in the following

year as shown in Table 2d of appendix

A of this subpart.

§ 51.40 In what form should my State

report the data to EPA?

(a) For better access by everyone,

report emissions in your State in an

electronic format using one of two

options. You can find specific

instructions for each option at the

following Internet address: http://

www.epa.gov/ttn/chief/ei/eisubmit.html

These two options are as follows:

(1) Submit your State’s data in the

National Emissions Trends (NET) input

format; or

(2) Submit your State’s data in the

Electronic Data Interchange (EDI)

format.

(b) Some metadata describing your

submission are not listed in Tables 2a

through 2d of appendix A of this

subpart are also required. Because

electronic reporting technology

continually changes, contact your EPA

Regional Office for acceptable formats.

You should consult specific instructions

for your State system format to

determine additional requirements not

listed in Tables 2a through 2d.

§ 51.45 Where should my State report the

data?

(a) If your State uses either the NET

Input format or the EDI format, your

State submits or reports data by either

providing it to EPA directly or notifying

EPA that it is available in the specified

format and at a specific electronic

location (FTP site).

(b) For the latest information on data

reporting procedures, call our Info Chief

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

info.chief@epa.gov.

Appendix A to Subpart A of Part 51—

Tables and Glossary

TABLE 1.—SUMMARY OF REQUIREMENTS FOR REPORTING EMISSION INVENTORIES

Provision

Point source inventory

NOX SIP call inventory 3-Year inventory

Type A sources 1 Type B sources 1

CAA citation ....................... Section 110(a)(2)(F) .......... Section 110(a)(2)(F), § 112 Section 110(a)(2) .............. Section 172(c)(3), Section

182(a)(3)(A), and Section 187(a)(5), § 112

1. Frequency of reporting .. Annual ............................... Every three years .............. Annual ............................... Every three years

2. Estimating period .......... Annual ............................... Annual and Daily 3 ............ Five month season ........... Annual and Daily 3

3. Areas to which provision

applies.

Entire U.S. (Statewide) ..... Entire U.S. (Statewide) ..... NOX SIP Call areas

(Statewide).

Entire U.S. (Statewide)

4. Pollutants and source

size thresholds.

Pollutant ............................ Pollutant ............................ Pollutant ............................ Pollutant Ozone NA

areas: 4

tpy 2 tpy 2 tpy 2 tpy 2

SOX ≥ 2,500

NOX ≥ 2,500

VOC ≥ 250

PM10 ≥ 250

PM2.5 ≥ 250

CO ≥ 2,500

NH3 ≥ 250

SOX ≥ 100

NOX ≥ 100,

VOC ≥ 100

PM10 ≥ 100

PM2.5 ≥ 100

CO ≥ 1,000

Pb ≥ 5

NH3 ≥ 100

NOX ≥ 100 ........................

Lesser thresholds to be

defined by state

VOC ≥ 10,

NOX ≥ 100,

CO ≥ 100.

CO NA areas: 4

CO ≥ 100.

All sources not inventoried

as point sources shall

be inventoried as area

or mobile sources and

reported only if they are

to be controlled to meet

emission budget.

33276 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules

TABLE 1.—SUMMARY OF REQUIREMENTS FOR REPORTING EMISSION INVENTORIES—Continued

Provision

Point source inventory

NOX SIP call inventory 3-Year inventory

Type A sources 1 Type B sources 1

PM–10 NA areas: 4

PM10 ≥ 70 (serious),

PM10 ≥ 100 (moderate).

PM2.5 NA areas: 4

PM2.5 ≥ 100.

Ammonia may be

inventoried as a point or

area source.

Inventory includes:

• Point sources ≥ specified tpy.

• Area sources < specified

tpy.

• Onroad mobile sources.

• Nonroad mobile

sources.

• Biogenic sources.

1Previously, the Type A sources and the Type B sources together constituted the annual inventory (40 CFR Part 51.321–323); all such

sources were required to report annually. 2 tpy = tons per year.

3Ozone daily emissions = summer work weekday; CO daily emissions = winter work weekday; PM daily emissions = to be defined in consultation with Regional office. 4Thresholds apply to nonattainment areas only; remainder of State uses Type B Source thresholds to distinguish between point and area

sources.

TABLE 2A.—DATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES

Data elements

Annual Every 3 years

Entire U.S. NOX SIP call Entire U.S. NAA NOX SIP call

Emission levels (Tons per year) ......... VOC≥250

NOX≥2500

SOX≥2500

PM10≥250

PM2.5≥250

CO≥2500

NH3≥ 250

NOX≥100

Lesser thresholds

to be defined by

state

VOC≥100

NOX≥100

SOX≥100

PM10≥100

PM2.5≥100

CO≥1000

Pb≥5

NH3≥100

1VOC≥10 1 NOX≥100 1PM10≥70 1 CO ≥100

NOX≥100

1. Inventory year .............................. ✔✔✔✔✔

2. Inventory start date ...................... ✔ ✔✔✔

3. Inventory end date ....................... ✔ ✔✔✔

4. Inventory type .............................. ✔ ✔✔✔

5. State FIPS code ........................... ✔✔✔✔✔

6. County FIPS code ........................ ✔✔✔✔✔

7. Federal ID code (plant) ................ ✔✔✔✔✔

8. Federal ID code (point) ................ ✔✔✔✔✔

9. Federal ID code (process) ........... ✔✔✔✔✔

10. Site name ..................................... ✔✔✔✔✔

11. Physical address .......................... ✔✔✔✔✔

12. SCC .............................................. ✔✔✔✔✔

13. Heat content (fuel) (annual) ......... ✔✔✔✔✔

14. Ash content (fuel) (annual) .......... ✔ ✔✔

15. Sulfur content (fuel) (annual) ....... ✔ ✔✔

16. Heat content (fuel) (seasonal) ..... ✔ ✔

17. Source of fuel heat content ......... ✔ ✔

18. Pollutant code .............................. ✔✔✔✔✔

19. Activity/throughput (annual) ......... ✔✔✔✔✔

20. 2Activity/throughput (daily) .......... ✔✔✔✔✔

21. Activity/throughput (NOX ozone

season).

✔ ✔

22. Source of activity/throughput

(NOX ozone season).

✔ ✔

23. Work weekday emissions ............ ✔✔✔✔✔

24. Annual emissions ......................... ✔ ✔✔

25. NOX Ozone season emissions .... ✔ ✔

26. Area classification ........................ ✔ ✔

27. Emission factor ............................ ✔✔✔✔✔

28. Source of emission factor ............ ✔ ✔

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules 33277

TABLE 2A.—DATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES—Continued

Data elements

Annual Every 3 years

Entire U.S. NOX SIP call Entire U.S. NAA NOX SIP call

29. Winter throughput (%) .................. ✔ ✔✔

30. Spring throughput (%) .................. ✔✔✔✔✔

31. Summer throughput (%) .............. ✔✔✔✔✔

32. Fall throughput (%) ...................... ✔✔✔✔✔

33. Hr/day in operation ...................... ✔✔✔✔✔

34. Start time (hour) ........................... ✔✔✔✔✔

35. Day/wk in operation ..................... ✔✔✔✔✔

36. Wk/yr in operation ........................ ✔✔✔✔✔

37. Federal ID code (stack number) .. ✔✔✔✔

38. X stack coordinate (latitude) ........ ✔✔✔

39. Y stack coordinate (longitude) ..... ✔✔✔

40. Stack height ................................. ✔ ✔

41. Stack diameter ............................. ✔ ✔

42. Exit gas temperature .................... ✔ ✔

43. Exit gas velocity ........................... ✔ ✔

44. Exit gas flow rate ......................... ✔ ✔

45. SIC/NAICS ................................... ✔✔✔

46. Design capacity ............................ ✔✔✔

47. Maximum nameplate capacity ..... ✔✔✔

48. Primary control eff (%) ................. ✔✔✔

49. Secondary ctl eff (%) ................... ✔✔✔

50. Control device type ...................... ✔✔✔

51. Rule effectiveness (%) ................. ✔ ✔

1Both daily and annual emission estimates required.

2 May be derived from annual or seasonal throughput.

TABLE 2B.—DATA ELEMENTS THAT STATES MUST REPORT FOR AREA AND NONROAD SOURCES

Data elements

Annual Every 3 years

Entire U.S. 1 NOX SIP Call Entire U.S. NAA NOX SIP call

Emissions levels (Tons per year) ....... 2VOC <10

2 NOX <100 2PM10 <100 2PM2.5 <100 2 CO <100

2 NH3 <100

NOX <100

1. Inventory year .............................. ✔✔ ✔

2. Inventory start date ...................... ✔✔ ✔

3. Inventory end date ....................... ✔✔ ✔

4. Inventory type .............................. ✔✔ ✔

5. State FIPS code ........................... ✔✔ ✔

6. County FIPS code ........................ ✔✔ ✔

7. SCC .............................................. ✔✔ ✔

8. Emission factor ............................ ✔✔ ✔

9. Source of emission factor ............ ✔ ✔

10. Activity/throughput level (annual) ✔✔ ✔

11. Activity/throughput (NOX ozone

season).

✔ ✔

12. Source of activity/throughput

(NOX ozone season).

✔ ✔

13. Total capture/control efficiency

(%).

✔✔ ✔

14. Rule effectiveness (%) ................. ✔✔ ✔

15. Rule penetration (%) .................... ✔✔ ✔

16. Pollutant code .............................. ✔✔ ✔

17. Summer/winter work weekday

emissions.

✔✔ ✔

18. Annual emissions ......................... ✔✔ ✔

19. NOX ozone season emissions ..... ✔ ✔

20. Source of emissions data ............ ✔ ✔

21. Winter throughput (%) .................. ✔✔ ✔

22. Spring throughput (%) .................. ✔✔ ✔

23. Summer throughput (%) .............. ✔✔ ✔

24. Fall throughput (%) ...................... ✔✔ ✔

25. Hr/day in operations ..................... ✔✔ ✔

26. Day/wk in operations ................... ✔✔ ✔

33278 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules

TABLE 2B.—DATA ELEMENTS THAT STATES MUST REPORT FOR AREA AND NONROAD SOURCES—Continued

Data elements

Annual Every 3 years

Entire U.S. 1 NOX SIP Call Entire U.S. NAA NOX SIP call

27. Wk/yr in operations ...................... ✔✔ ✔

1You are only required to report sources within your State if they are CONTROLLED to meet NOX reductions under § 51.121. 2Both daily and annual emission estimates required.

TABLE 2C.—DATA ELEMENTS THAT STATES MUST REPORT FOR ONROAD MOBILE SOURCES

Data elements

Annual Every 3 years

Entire U.S. 1 NOX SIP

call Entire U.S. NAA NOX SIP call

1. Inventory year ....................................................................... ✔✔ ✔

2. Inventory start date .............................................................. ✔✔ ✔

3. Inventory end date ............................................................... ✔✔ ✔

4. Inventory type ....................................................................... ✔✔ ✔

5. State FIPS code ................................................................... ✔✔ ✔

6. County FIPS code ................................................................ ✔✔ ✔

7. SCC ...................................................................................... ✔✔ ✔

8. 2Emission factor ................................................................... ✔✔ ✔

9. Activity (VMT by Roadway Class) ........................................ ✔✔ ✔

10. Source of activity data .......................................................... ✔ ✔

11. Pollutant code ....................................................................... ✔✔ ✔

12. Summer/winter work weekday emissions ............................ ✔✔ ✔

13. Annual emissions ................................................................. ✔

14. NOX Ozone season emissions ............................................ ✔ ✔

15. Source of emissions data ..................................................... ✔ ✔

1You are only required to report Onroad Mobile sources within your State if they are CONTROLLED to meet NOX reductions under § 51.121. 2Both daily and annual emission estimates required.

TABLE 2D.—DATA ELEMENTS THAT STATES MUST REPORT FOR BIOGENIC SOURCES

Data elements

Annual Every 3 years

Entire U.S. Entire U.S. NAA

1. Inventory year ............................................................................................................................ ✔

2. Inventory start date ................................................................................................................... ✔

3. Inventory end date .................................................................................................................... ✔

4. Inventory type ............................................................................................................................ ✔

5. State FIPS code ........................................................................................................................ ✔

6. County FIPS code ..................................................................................................................... ✔

7. SCC ........................................................................................................................................... ✔

8. Pollutant code ............................................................................................................................ ✔

9. Summer/winter work weekday emissions ................................................................................. ✔

10. Annual emissions ...................................................................................................................... ✔

Glossary to Appendix A

Activity rate/throughput (annual)—A

measurable factor or parameter that

relates directly or indirectly to the

emissions of an air pollution source.

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, number of

units, or miles traveled. Activity

information is typically the value that is

multiplied against an emission factor to

generate an emissions estimate.

Activity rate/throughput (daily)—The

beginning and ending dates and times

that define the emissions period used to

estimate the daily activity rate/

throughput.

Area classification—The Clean Air

Act classification of the nonattainment

area containing the reporting source

(transitional, marginal, moderate,

serious, severe, extreme).

Area sources—Area sources

collectively represent individual

sources that have not been inventoried

as specific point, mobile, or biogenic

sources. These individual sources

treated collectively as area sources are

typically too small, numerous, or

difficult to inventory using the methods

for the other classes of sources.

Annual emissions—Actual emissions

for a plant, point, or process—measured

or calculated that represent a calendar

year.

Ash content—Inert residual portion of

a fuel.

Biogenic sources—Biogenic emissions

are all pollutants emitted from nonanthropogenic sources. Example sources

include trees and vegetation, oil and gas

seeps, and microbial activity.

Control device type—The name of the

type of control device (e.g., wet

scrubber, flaring, or process change).

County/parish/reservation (FIPS)—

Federal Information Placement System

(FIPS). FIPS is the system of unique

numeric codes the government

developed to identify States, counties,

towns, and townships for the entire

United States, Puerto Rico, and Guam.

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules 33279

Day/wk in operations—Days per week

that the emitting process operates.

Design capacity—A measure of the

size of a point source, based on the

reported maximum continuous capacity

of the unit.

Emission factor—Ratio relating

emissions of a specific pollutant to an

activity or material throughput level.

Exit gas flow rate—Numeric value of

stack gas’s flow rate.

Exit gas temperature—Numeric value

of an exit gas stream’s temperature.

Exit gas velocity—Numeric value of

an exit gas stream’s velocity.

Fall throughput (%)—Part of the

throughput for the three Fall months

(September, October, November). This

expresses part of the annual activity

information based on four seasons—

typically spring, summer, fall, and

winter. It can be a percentage of the

annual activity (e.g., production in

summer is 40% of the year’s

production) or units of the activity (e.g.,

out of 600 units produced, spring =150

units, summer = 250 units, fall = 150

units, and winter = 50 units).

Federal ID code (plant)—Unique code

for a plant or facility, containing one or

more pollutant-emitting sources.

Federal ID code (point)—Unique code

for the point of generation of emissions,

typically a physical piece of equipment.

Federal ID code (process)—Unique

code for the process generating the

emissions, typically a description of a

process.

Federal ID code (stack number)—

Unique code for the point where

emissions from one or more processes

release into the atmosphere.

Heat content—The amount of thermal

heat energy in a solid, liquid, or gaseous

fuel. Fuel heat content is typically

expressed in units of Btu/lb of fuel, Btu/

gal of fuel, joules/kg of fuel, etc.

Hr/day in operations—Hours per day

that the emitting process operates.

Inventory end date—Last day of the

inventory period.

Inventory start date—First day of the

inventory period.

Inventory type—Type of inventory

represented by data (i.e., point, 3-Year

cycle, daily).

Inventory year—The calendar year for

which you calculated emissions

estimates.

Maximum nameplate capacity—A

measure of a unit’s size that the

manufacturer puts on the unit’s

nameplate.

Metadata—Data that describes how

and when and by whom a particular set

of data was collected, and how the data

is formatted. Metadata are essential for

understanding information stored in

data bases.

Mobile source—A motor vehicle,

nonroad engine or nonroad vehicle.

• A ‘‘motor vehicle’’ is any selfpropelled vehicle used to carry people

or property on a street or highway.

• A ‘‘nonroad engine’’ is an internal

combustion engine (including fuel

system) that is not used in a motor

vehicle or vehicle only used for

competition, or that is not affected by

sections 111 or 202 of the CAA.

• A ‘‘nonroad vehicle’’ is a vehicle

that is run by a nonroad engine and that

is not a motor vehicle or a vehicle only

used for competition.

NOX ozone season emissions—Actual

ozone season emissions for a plant,

point, or process, either measured or

calculated. Ozone season emissions for

NOX SIP Call are the emissions between

May 1 and September 30. (Note that 40

CFR Part 58 contains a different

definition for ozone season monitoring.)

Physical address—Street address of a

facility.

Point source—Point sources are large,

stationary (non-mobile), identifiable

sources of emissions that release

pollutants into the atmosphere. State or

local air regulatory agencies define a

plant as a point source whenever it

annually emits more than a specified

amount of a given pollutant; these

‘‘cutoff’’ levels definitions vary among

State and local agencies. A stationary

source which emits less than a ‘‘cutoff’’

is an area source.

Pollutant code—A unique code for

each reported pollutant assigned in the

EIIP Data Model. The model uses

character names for criteria pollutants

and Chemical Abstracts Service (CAS)

numbers for all other pollutants. You

may be using SAROAD codes for

pollutants, but you should be able to

map them to the pollutant codes in the

EIIP Data Model.

Rule effectiveness (RE)—How well a

regulatory program achieves all possible

emission reductions. This rating reflects

the assumption that controls typically

aren’t 100 percent effective because of

equipment downtime, upsets, decreases

in control efficiencies, and other

deficiencies in emission estimates. RE

adjusts the control efficiency.

Rule penetration—The percentage of

an area source category covered by an

applicable regulation.

SCC—Source category code. A

process-level code that describes the

equipment or operation which is

emitting pollutants.

Seasonal activity rate/throughput—A

measurable factor or parameter that

relates directly or indirectly to the

pollutant season emissions of an air

pollution source. 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, number of

units, or miles traveled. Activity

information is typically the value that is

multiplied against an emission factor to

generate an emissions estimate.

Seasonal fuel heat content—The

amount of thermal heat energy in a

solid, liquid, or gaseous fuel used

during the pollutant season. Fuel heat

content is typically expressed in units of

Btu/lb of fuel, Btu/gal of fuel, joules/kg

of fuel, etc.

Secondary control eff (%)—The

emission reduction efficiency of a

secondary control device. Control

efficiency is usually expressed as a

percentage or in tenths.

Source of activity rate/throughput

data—Source of data from which you

got the activity rate/throughput.

Source of emission factor—Source of

data from which you got the emission

factor.

Source of fuel heat content data—

Source of data from which you got the

fuel heat content.

SIC/NAICS—Standard Industrial

Classification code. NAICS (North

American Industry Classification

System) codes will replace SIC codes.

U.S. Department of Commerce’s code for

businesses by products or services.

Site name—The name of the facility.

Spring throughput (%)—Part of

throughput or activity for the three

spring months (March, April, May). See

the definition of Fall Throughput.

Stack diameter—A stack’s inner

physical diameter.

Stack height—A stack’s physical

height above the surrounding terrain.

Start time (hour)—Start time (if

available) that you used to calculate the

emissions estimates.

State/providence/territory (FIPS)—

Federal Information Placement System

(FIPS). FIPS is the system of unique

numeric codes the government

developed to identify States, counties,

towns, and townships for the entire

United States, Puerto Rico, and Guam.

Sulfur content—Sulfur content of a

fuel, usually expressed as a percentage.

Summer throughput (%)—Part of

throughput or activity for the three

summer months (June, July, August).

See the definition of Fall Throughput.

Summer/winter work weekday

emissions—Average day’s emissions for

a typical day. Ozone daily emissions =

summer work weekday; CO and PM

daily emissions = winter work weekday.

Total capture/control efficiency—The

emission reduction efficiency of a

primary control device, which shows

33280 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules

the amount controls or material changes

reduce a particular pollutant from a

process’ emissions. Control efficiency is

usually expressed as a percentage or in

tenths.

Type A source—Very large point

sources defined by emission thresholds

listed in Table 1.

Type B source—Smaller point sources

defined by emission thresholds listed in

Table 1.

VMT by Roadway Class—Vehicle

miles traveled (VMT) expresses vehicle

activity and is used with emission

factors. The emission factors are usually

expressed in terms of grams per mile of

travel. Because VMT doesn’t correlate

directly to emissions that occur while

the vehicle isn’t moving, these nonmoving emissions are incorporated into

the emission factors in EPA’s Mobile

Model.

Winter throughput (%)—Part of

throughput or activity for the three

winter months (December, January,

February). See the definition of Fall

Throughput.

Wk/yr in operation—Weeks per year

that the emitting process operates.

Work weekday—Any day of the week

except Saturday or Sunday.

X stack coordinate (latitude)—An

object’s east-west geographical

coordinate. Y stack coordinate

(longitude)—An object’s north-south

geographical coordinate.

Appendix B [Reserved]

Subpart Q—[Amended]

3. Section 51.322 is revised to read as

follows:

§ 51.322 Sources subject to emissions

reporting.

The requirements for reporting

emissions data under the plan are in

§ 51.1 of this part.

4. Section 51.323 is revised to read as

follows:

§ 51.323 Reportable emissions data and

information.

The requirements for reportable

emissions data and information under

the plan are in subpart A of this part 51.

[FR Doc. 00–12787 Filed 5–22–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 031–0237; FRL–6704–2]

Revisions to the California State

Implementation Plan, South Coast Air

Quality Management District

(SCAQMD)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to remove

revisions to the SCAQMD portion of the

California State Implementation Plan

(SIP). These revisions concern

Emissions of Oxides of Nitrogen from

Process Heaters and Boilers in

Petroleum Refineries. We are proposing

to remove a final limited approval and

limited disapproval of a local rule that

was published on January 13, 2000 (65

FR 2052).

DATES: Any comments on this proposal

must arrive by June 22. 2000.

ADDRESSES: Mail comments to Andy

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105–3901.

You can inspect copies of the

submitted rule revisions at our Region

IX office during normal business hours.

You may also see copies of the

submitted rule revisions at the following

locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812

South Coast AQMD, 21865 E. Copley

Dr., Diamond Bar, CA 91765–4182

FOR FURTHER INFORMATION CONTACT: Ed

Addison, Rulemaking Office, Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105,

Telephone: (415) 744–1160.

SUPPLEMENTARY INFORMATION: This

proposal addresses the South Coast Air

Quality Management District

(SCAQMD) adopted Rule 1109,

Emissions of Oxides of Nitrogen from

Process Heaters and Boilers in

Petroleum Refineries. In the Rules and

Regulations section of this Federal

Register, we are removing our previous

limited approval and limited

disapproval of this local rule in a direct

final action without prior proposal

because we believe this removal is not

controversial. If we receive adverse

comments, however, we will publish a

timely withdrawal of the direct final

rule removal and address the comments

in subsequent action based on this

proposed rule. 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.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

Regulatory Planning and Review.

B. Executive Order 13045

Executive Order 13045, entitled

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency. This rule is

not subject to Executive Order 13045

because it is does not involve decisions

intended to mitigate environmental

health or safety risks.

C. Executive Order 13084

Under Executive Order 13084,

Consultation and Coordination with

Indian Tribal Governments, EPA may

not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting