Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8787 

designation (January 1, 1993) and issued 

by any Federal, State, or local authority 

of competent jurisdiction, provided that 

the applicant complies with 15 CFR 

922.49, the Director notifies the 

applicant and authorizing agency that 

he or she does not object to issuance of 

the authorization, and the applicant 

complies with any terms and conditions 

the Director deems necessary to protect 

Sanctuary resources and qualities. 

Amendments, renewals, and extensions 

of authorizations in existence on the 

effective date of designation constitute 

authorizations issued after the effective 

date of Sanctuary designation. 

* * * * * 

■ 6. In § 922.134, revise the section 

heading and add new paragraph (a) to 

read as follows: 

§ 922.134 Review of certain State permits 

and leases. 

(a)(1) NOAA has described in a 

Memorandum of Agreement (MOA) 

with the State of California how NOAA 

will coordinate review of any 

introduction of non-invasive introduced 

species from a proposed shellfish 

aquaculture project when considering 

an authorization under § 922.132(e). 

(2) The MOA specifies how the 

process of 15 CFR 922.49 will be 

administered within State waters within 

the sanctuary in coordination with State 

permit and lease programs as 

administered by the California Fish and 

Game Commission, the Department of 

Fish and Wildlife and the California 

Coastal Commission. 

* * * * * 

[FR Doc. 2015–03486 Filed 2–18–15; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2015–0025] 

Safety Zone, Sag Harbor COC Winter 

Harbor Frost Fireworks, Sag Harbor, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

one safety zone for a fireworks display 

in the Sector Long Island Sound area of 

responsibility on the dates and times 

listed in the table below. This action is 

necessary to provide for the safety of life 

on navigable waterways during the 

event. During the enforcement period, 

no person or vessel may enter the safety 

zone without permission of the Captain 

of the Port (COTP) Sector Long Island 

Sound or designated representative. 

DATES: The regulations in 33 CFR 

165.151 will be enforced on February 28 

(rain date March 1), 2015 from 6:15 p.m. 

to 6:45 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Petty Officer Ian Fallon, 

Waterways Management Division, U.S. 

Coast Guard Sector Long Island Sound; 

telephone 203–468–4565, email 

Ian.M.Fallon@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR 165.151 on the specified date 

and time as indicated in the following 

Table. If the event is delayed by 

inclement weather, the regulation will 

be enforced on the rain date indicated 

in the Table. 

TABLE

Sag Harbor COC Winter Harbor Frost Fireworks • Date: February 28, 2015. 

• Rain Date: March 1, 2015. 

• Time: 6:15 p.m. to 6:45 p.m. 

• Location: Waters of Sag Harbor off Long Wharf St. Pier in Sag Harbor, NY in approximate 

position 41°00′16.82′′ N, 072°17′43.78′′ W (NAD 83). 

Under the provisions of 33 CFR 

165.151, the fireworks display listed 

above in DATES is established as a safety 

zone. During the enforcement period, 

persons and vessels are prohibited from 

entering into, transiting through, 

mooring, or anchoring within the safety 

zone unless they receive permission 

from the COTP or designated 

representative. 

This document is issued under 

authority of 33 CFR 165 and 5 U.S.C. 

552 (a). In addition to this notification 

in the Federal Register, the Coast Guard 

will provide the maritime community 

with advance notification of this 

enforcement period via the Local Notice 

to Mariners or marine information 

broadcasts. If the COTP determines that 

the safety zone need not be enforced for 

the full duration stated in this 

document, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: February 3, 2015. 

E.J. Cubanski, III, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Long Island Sound. 

[FR Doc. 2015–03333 Filed 2–18–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2004–0489; FRL–9922–27– 

OAR] 

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. 

ACTION: Final rule. 

SUMMARY: This action finalizes changes 

to the Environmental Protection 

Agency’s (EPA) emissions inventory 

reporting requirements. This action 

lowers the threshold for reporting lead 

(Pb) emissions sources as point sources, 

eliminates the requirement for reporting 

emissions from wildfires and prescribed 

fires, and replaces a requirement for 

reporting mobile source emissions with 

a requirement for reporting the input 

parameters that can be used to run the 

EPA models that generate emissions 

estimates. This action also reduces the 

reporting burden on state, local, and 

tribal agencies by removing the 

requirements to report daily and 

seasonal emissions in their submissions 

under this rule, while clarifying the 

requirement to report these emissions 

under pollutant-specific regulations. 

Lastly, this action modifies some 

emissions reporting requirements which 

we believe are not necessary for 

inclusion in the Air Emissions 

Reporting Requirements (AERR) rule or 


rljohnson on DSK3VPTVN1PROD with RULES
8788 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

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 and use of the term 

State Implementation Plan(s) or SIP(s) shall include 

that TIP. 

Likewise, to the extent that air quality 

requirements are addressed by a local air agency 

instead of a state air agency and that local air 

agency is subject to the AERR under its SIP, the use 

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

local air agency. 

are not clearly aligned with current 

inventory terminology and practices. 

DATES: This final rule is effective on 

February 19, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2004–0489. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Emissions Reporting 

Requirements Docket, EPA/DC, WJC 

West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (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, Emissions 

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. Where can I get a copy of this document 

and other related information? 

C. Judicial Review 

II. Background 

III. Summary of Revisions 

A. Lower Point Source Threshold for Pb 

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. Response to Comments 

A. Lower Point Source Threshold for Pb 

Emitters 

B. Elimination of Reporting for Wildfires 

and Prescribed Fires and Clarification for 

Reporting Agricultural Fires 

C. Reporting Emission Model Inputs for 

Onroad Sources 

D. Reporting Emission Model Inputs for 

Nonroad Sources 

E. Removal of Requirements To Report 

Daily and Seasonal Emissions 

F. Revisions To Simplify Reporting and 

Provide Consistency With EIS 

V. 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 (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

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 

K. Congressional Review Act 

I. General Information 

A. Does this action apply to me? 

Categories and entities potentially 

regulated by this action include: 

Category CAICS 

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. 

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. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this final 

rule will also be available on the 

Worldwide Web (WWW) through the 

Technology Transfer Network (TTN). 

Following the Administrator’s signature, 

a copy of this final rule will be posted 

on the TTN’s policy and guidance page 

for 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. 

C. Judicial Review 

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

Air Act (CAA), judicial review of this 

final rule is available by filing a petition 

for review in the U.S. Court of Appeals 

for the District of Columbia Circuit by 

April 20, 2015. Under section 

307(d)(7)(B) of the CAA, only an 

objection to this final rule that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 


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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8789 

Moreover, under section 307(b)(2) of the 

CAA, the requirements established by 

this action may not be challenged 

separately in any civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

II. Background 

The EPA proposed amendments to the 

AERR on June 20, 2013 (78 FR 37164). 

In today’s action, the EPA is amending 

the emissions inventory reporting 

requirements in 40 CFR part 51, subpart 

A, and in 40 CFR 51.122. This action 

aligns the point source reporting 

threshold for Pb emissions sources in 

the AERR with the National Ambient 

Air Quality Standard (NAAQS) for Lead 

(73 FR 66964, November 12, 2008) and 

the associated Revisions to Lead 

Ambient Air Monitoring Requirements 

(75 FR 81126, December 27, 2010). 

These amendments further improve the 

rule to both reduce burden on air 

agencies as well as make minor 

technical corrections that reflect what 

has been put into practice through 

existing electronic reporting 

implementation. 

Emissions inventories are critical for 

the efforts of state and federal agencies 

to attain and maintain the NAAQS for 

criteria pollutants, such as ozone, 

particulate matter (PM) and carbon 

monoxide (CO). To assist these efforts, 

the EPA initiated an effort in the early 

1990’s to develop a central repository of 

inventory data for all states that is now 

known as the National Emissions 

Inventory (NEI). Emissions inventory 

data reported electronically under this 

rule are stored in the Emissions 

Inventory System (EIS) database and are 

used by the EPA and by states for air 

quality modeling, tracking progress in 

meeting CAA requirements, setting 

policy, and answering questions from 

the public. States often use the NEI as 

a starting point in developing emission 

inventories for support of state 

implementation plans (SIPs). 

Pursuant to its authority under 

sections 110 and 172 of the CAA, the 

EPA has required SIPs to include 

inventories containing information 

regarding criteria pollutant emissions 

and their precursors (e.g., volatile 

organic compounds (VOC)). The EPA 

codified these inventory requirements 

in subpart Q of 40 CFR part 51 in 1979 

and amended them in 1987. 

The 1990 Amendments to the CAA 

revised many of the CAA provisions 

related to the attainment of the NAAQS 

and the protection of visibility in Class 

I areas. These revisions established new 

periodic emission inventory 

requirements applicable to certain areas 

that were designated nonattainment for 

certain pollutants. For example, section 

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

emission inventory every 3 years for 

Moderate ozone nonattainment areas 

beginning in 1993. Similarly, section 

187(a)(5) required states to submit an 

inventory every 3 years for Moderate CO 

nonattainment areas. 

Prior regulations supporting the 

annual reporting needed for the NEI 

included the Consolidated Emissions 

Reporting Rule (CERR), which was 

promulgated by EPA in 2002, and 

codified in 40 CFR part 51, subpart A. 

These requirements replaced the 

requirements previously contained in 

subpart Q of 40 CFR part 51, expanding 

their geographic and pollutant 

coverages, while simplifying them in 

other ways. The CERR was the precursor 

to the AERR. The original AERR was 

promulgated in 2008 with the intent of 

streamlining various reporting 

requirements including those of section 

182(a)(3)(A) for ozone nonattainment 

areas and section 187(a)(5) for CO 

nonattainment areas, those under the 

NOX SIP Call (40 CFR 51.122), and the 

annual reporting requirements of the 

CERR. 

III. Summary of Revisions 

This action lowers the threshold for 

reporting Pb emissions sources as point 

sources, eliminates the requirement for 

reporting emissions from wildfires and 

prescribed fires, and replaces a 

requirement for reporting mobile source 

emissions with a requirement for 

reporting the input parameters that can 

be used to run the EPA models that 

generate mobile source emissions 

estimates. This action also reduces the 

reporting burden on state, local, and 

tribal agencies by removing the 

requirements to report daily and 

seasonal emissions as part of their AERR 

submissions, while clarifying the 

requirement to report these emissions 

under pollutant-specific regulations 

(i.e., the NOX SIP Call, the Ozone 

Implementation Rule, and relevant CO 

maintenance plans). This action also 

modifies some emissions reporting 

requirements which we believe are not 

necessary or are not clearly aligned with 

current inventory terminology and 

practices. 

A. Lower Point Source Threshold for Pb 

Emitters 

With this action, the EPA is lowering 

the point source threshold for Pb 

emissions to 0.5 tons per year (tpy) of 

actual emissions. The purpose of this 

change is to match requirements of the 

Pb Ambient Air Monitoring 

Requirements rule (75 FR 81126), which 

required monitoring agencies to install 

and operate source-oriented ambient 

monitors near Pb sources emitting 0.50 

tpy or more by December 27, 2011. The 

EPA considers that the ambient 

monitoring rule threshold is 0.5 tons of 

actual emissions, therefore, this 

criterion is based on actual emissions 

rather than the potential-to-emit 

approach taken for other criteria 

pollutant and precursor thresholds. All 

criteria pollutants and precursors will 

continue to be required to be reported 

for any source meeting this new 

threshold for Pb. 

B. Elimination of Reporting for Wildfires 

and Prescribed Fires and Clarification 

for Reporting Agricultural Fires 

With this action, the EPA is removing 

the requirement for reporting emissions 

for wildfire and prescribed fires. States 

may report these emissions voluntarily 

as event sources in the EIS, but states no 

longer have the option of reporting these 

emissions as nonpoint (countywide) 

sources. 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. 

This action also clarifies that 

agricultural fires continue to be required 

to be reported, and that these sources 

must be reported as nonpoint sources. 

Agricultural fires cannot be reported as 

point sources or as event sources. 

C. Reporting Emission Model Inputs for 

Onroad and Nonroad Sources 

With this action, the EPA is finalizing 

its proposal that states will no longer be 

required to submit mobile source 

emission estimates, but instead will 

submit the inputs for emissions models 

of onroad and nonroad mobile sources. 

This change applies to all states except 

California. Because California uses other 

models to reflect their additional 

regulatory requirements not reflected by 

the EPA models, California is required 

to report emissions values. The EPA 

models in use at the time of this action 

are the Motor Vehicle Emissions 

Simulator (MOVES) and the nonroad 

equipment model called NONROAD. 

The change to require model inputs 

from all states except California allows 

the EPA to use these data to run the 

latest version of the applicable models, 

even if those versions have been 

finalized after the model input data 

were collected. It also allows the EPA to 

generate consistent base year and future 

year emissions estimates, which the 

EPA needs to accurately assess benefits 

for new regulations and to make other 


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8790 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

regulatory decisions that use air quality 

modeling. In addition, this action makes 

voluntary the reporting of emissions 

values for onroad and nonroad mobile 

sources for all states except California. 

D. Removal of Requirements To Report 

Daily and Seasonal Emissions 

With this action, the EPA is removing 

the requirements from the AERR that 

states report daily and seasonal 

emissions, while still permitting states 

to submit such data voluntarily to the 

EIS. States may still elect to meet the 

emissions reporting requirements of the 

NOX SIP Call (40 CFR 51.122), the 

Ozone Implementation Rule (40 CFR 

part 51, subpart X), or the CO reporting 

required by the relevant CO 

maintenance plans through the AERR, 

but they are no longer required to do so. 

Each of these three underlying 

provisions already requires states to 

show and track consistency with the 

emissions projections contained in the 

approved SIP submissions, which can 

include daily or seasonal data, and also 

contains requirements for public review 

of SIP revisions. The EPA has 

eliminated a requirement in the AERR 

that, given specific public review and 

documentation requirements of those 

rules, made compliance with those rules 

through AERR submissions difficult. 

Thus, in implementing this change, the 

EPA is reducing burden for states that 

were having difficulty meeting both 

those SIP requirements and the previous 

additional AERR requirements, which 

were intended to meet the SIP 

requirements, but did not do so in all 

cases. States may continue to meet these 

SIP requirements separately or use the 

AERR submission to do so, as long as 

the AERR submission can meet these 

SIP requirements. 

However, as explained more fully 

below, in light of comments received, 

we have determined that additional 

changes to some of the underlying SIP 

implementation provisions are 

necessary to ensure that the requirement 

to report the necessary daily and 

seasonal emissions is included in those 

underlying rules. Specifically, while the 

final AERR revision rule removes ozone 

season emissions and summer day 

emissions definitions and associated 

reporting requirements from the AERR 

provisions in 40 CFR Subpart A, we are 

also finalizing changes that will move 

the relevant definitions and reporting 

requirement for summer day emissions 

to the ozone reporting requirements in 

the Ozone Implementation Rule (40 CFR 

51.900 (definitions) and 51.915 

(inventory requirements)) and for ozone 

season emissions and summer day 

emissions to the NOX SIP Call reporting 

requirements in 40 CFR 51.122. 

E. Revisions To Simplify Reporting and 

Provide Consistency With EIS 

The previous version of the AERR was 

finalized prior to the EPA finalizing the 

design details of the EIS data system 

that is used to collect and store the 

required data. With this action, the EPA 

is changing the tables of pollutants and 

data elements included in Appendix A 

to be consistent with the EIS through 

removals, name changes, and additions. 

Overall, these changes reduce burden 

for states, though, as noted below in the 

summary of EPA’s responses to 

comments on the proposed rule (which 

is based on the comprehensive 

Response to Comments document that is 

available in the docket for this rule), 

some changes may add a small amount 

of additional burden for some states. 

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 did not need to be resubmitted, and only data elements that 

changed needed to 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, 

Table 1 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 40 CFR 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 every third year 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. These changes have allowed the 

information previously contained in 

Table 2c to move to Table 2b and for 

Table 2c to be eliminated. 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 revisions, Table 1 now 

describes all of the necessary 

distinctions. 

2. Addition of New Facility Inventory 

Elements 

This action adds Facility Site Status, 

Release Point Status, and Unit Status 

data elements to the Facility Inventory 

data elements listed in Table 2a, along 

with the year in which any of these 

three data elements change from one 

status to another. The operating status is 

used by the states to indicate whether 

emissions reports should continue to be 

expected for a facility, emissions unit, 

or a release point, or the reason why 

emissions will not be reported after the 

year indicated. 

We are also adding Aircraft Engine 

Type, Unit Type, and Release Point 

Apportionment Percent to Table 2a. The 

addition of Aircraft Engine Type is to 

support the EPA’s interest in the EPA’s 

calculating and using point source 

emissions from aircraft at airports. This 

change does not imply a requirement for 

states to submit aircraft as point sources. 

The EPA provides landing and takeoff 

data for state review and encourages the 

states to review and update those data 

in support of EPA’s calculation of 

aircraft emissions. Such review would 

meet the states’ reporting obligation for 

aircraft emissions. However, the states’ 

requirement can also be met by 

submitting aircraft emissions as 

nonpoint sources. If states choose to 

submit their own point source 

estimates, this change means they 

would have to provide the Aircraft 

Engine Type code and the source 

classification code (SCC) to completely 

specify the emitting process. 

Unit Type is being added to more 

easily and explicitly identify the type of 

emission unit producing the emissions 

than can be inferred from the SCC alone. 

To reduce burden associated with this 

new field, we have also limited the 

existing requirement for reporting the 

Unit Design Capacity for all units to 

only reporting capacities for a limited 

number of key unit types (e.g., boilers). 

The Unit Type data element is necessary 

for the EIS data system to be able to 

confirm the presence of a value for the 

Unit Design Capacity element, since the 

Unit Design Capacity element is 

required only for certain Unit Types 

(e.g., boilers). 


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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8791 

The Release Point Apportionment 

Percent is being added to officially 

implement a feature added to the EIS at 

the request of some state data reporters. 

This data element allows states to split 

the emissions from a single emission 

process to multiple release points by 

reporting the percentage of emissions 

going to each release point. 

3. Addition of New Emissions Elements 

This action adds five new data 

elements to Table 2b, of which four are 

minor extensions or clarifications of 

existing requirements necessary to avoid 

ambiguity in the EIS data system. The 

EPA believes that these new items will 

not add a significant new information 

collection burden. As described in the 

response to comments summary below 

and the comprehensive Response to 

Comments document that is available in 

the docket for this rule, the EPA 

provides options to states to greatly 

reduce any burden for these additional 

data elements. The four data elements 

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 for nonpoint sources, instead 

of using the entire county. The EPA 

believes that they are needed for a small 

number of nonpoint source types, 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, this 

action also adds an option for states to 

meet the reporting requirement by 

accepting the EPA’s estimates for the 

sources for which the EPA makes 

calculations. For the nonpoint sources 

needing the more geographicallydetailed emissions with Shape 

Identifiers, the EPA provides tables 

describing the geographic entities and 

their Shape Identifiers and has 

emissions estimates for each of the 

entities. If states choose to submit their 

own estimates, they must now 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 describes 

the emitting processes. We have also 

revised the definition of this term in 40 

CFR 51.50, since the previous definition 

erroneously described 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 reporting of such emissions 

may still be required as part of the 

state’s implementation of a NAAQS. 

This addition replaces the erroneous use 

of the name ‘‘Emission Type’’ to 

describe this data element in the 

previous version of the AERR, as 

described above. The Reporting Period 

Type is necessary for states to 

distinguish the required annual 

emissions from the optional sub-annual 

emissions. 

Emission Operating Type is a data 

element for point sources that indicates 

whether the emissions are associated 

with routine operations, or a shutdown, 

startup, or upset. It is necessary for the 

data system to distinguish between the 

minimally required routine emissions 

and the other optional operating types 

that the EIS can also accept. 

This action also adds the Emissions 

Calculation Method as an additional 

fifth data element to the Table 2b 

emissions requirements. This element is 

required for point and nonpoint sources. 

It is a code that indicates how each 

emissions value was estimated or 

determined (e.g., by continuous 

emissions monitor, by a stack test, or by 

an average emission factor). The EPA 

has determined that this element is 

needed to evaluate the adequacy of any 

emissions value for the stated purposes 

of the NEI and to allow the EPA to select 

the most reliable emissions value where 

more than one is available. State 

reporters should have this value easily 

available to them because they are 

selecting the calculation method, so 

adding it to their electronic submittals 

should cause only a minimal amount of 

added burden. 

4. Clarification of Element Names and 

Usage for Controls 

This action revises the data element 

names and clarifies the usage 

conventions for four data elements 

related to emissions control devices for 

the point source facility inventory 

elements. The single Percent Control 

Approach Capture Efficiency and a 

Percent Control Measures Reduction 

Efficiency for each pollutant are now 

required, where controls exist. These 

elements replace the previously 

required Primary Capture and Control 

Efficiency and Total Capture and 

Control Efficiency elements. The 

Percent Control Approach Capture 

Efficiency is now reported once as a 

stand-alone element, rather than being 

combined with each pollutant’s 

Reduction Efficiency. This change 

reflects how the EIS data system 

addresses the situation and we believe 

it is a more practical and reasonable 

approach, since it allows states to report 

the individual reduction efficiencies as 

separate data elements rather than 

reporting only combined values that are 

computed from the separate reduction 

efficiencies. 

In addition, this action adds a new 

Control Pollutant data element, which 

allows states to indicate the pollutant 

for which the Control Measure 

Reduction Efficiency is provided. This 

action also revises the names of 

previously required point source 

elements. Control Device Type and Rule 

Effectiveness have been renamed to 

Control Measure and Percent Control 

Approach Effectiveness, respectively. 

This action also finalizes similar 

terminology and usage conventions for 

the nonpoint sources emission control 

data elements. Consistent with point 

sources, Control Measure and Control 

Pollutant are now also required for 

nonpoint sources. Finally, the former 

nonpoint data element Total Capture 

and Control Efficiency is now renamed 

to Percent Control Measures Reduction 

Efficiency, and Rule Effectiveness is 

renamed Percent Control Approach 

Effectiveness, consistent with the point 

source names. 

5. Revisions to Other Facility Inventory 

Element Names 

This action finalizes revisions to some 

of the terms in the point source facility 

inventory Table 2a to clarify their 

meaning and promote consistency with 

the EIS data system names. We are 

renaming the element FIPs Code to State 

and County FIPs Code and are 

permitting a Tribal Code element to be 

reported rather than the State and 

County FIPs Code when applicable. For 

each of the five existing stack and exit 

gas data elements, we are adding 

‘‘Release Point’’ to the names to be 

consistent with EIS names. We are 

adding five Unit of Measure data 

elements, one for each of the existing 

numerical stack and exit gas data 

elements, in order to formalize the only 

reasonable interpretation of the prior 

rule requirements. The rule now 

requires reporting of the units of 

measure along with the numerical 

values. In addition, the Emission Type 

data element in the prior rule’s Table 2a 

is now renamed Emission Operating 

Type and is now moved to Table 2b 

since it describes the emissions 

reported, not the facility. This action 

also clarifies that the requirement for 

Physical Address is implemented in the 

EIS data system through the use of four 

separate data elements: Location 

Address, Locality Name, State Code, 

and Postal Code. 


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8792 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

6. Revisions To Simplify Reporting and 

Reduce Burden 

This action revises some data 

elements in the point source facility 

inventory in Table 2a to simplify 

reporting and reduce burden. Either the 

Exit Gas Velocity or Exit Gas Flow Rate 

is now 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. This 

action now requires the X Facility 

Coordinate (longitude) and the Y 

Facility Coordinate (latitude) rather than 

the previous requirement for X Stack 

Coordinate (longitude) and Y Stack 

Coordinate (latitude). Burden is reduced 

by requiring only a single facility 

location rather than locations for each 

stack or release point. It has been the 

EPA’s experience that most states do not 

have accurate location values for each 

individual release point within a 

facility; instead they frequently report 

the same locations 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 for 

most inventory purposes. Although we 

are finalizing the requirement that only 

facility locations need to be reported, 

we encourage states voluntarily to 

report stack locations where those data 

are available. The EPA may also add 

individual stack locations where the 

agency believes it has accurate data 

(e.g., when provided in Information 

Collection Requests). 

Lastly, to reduce burden, this action 

eliminates the requirement to report 

several data elements: Inventory Start 

Date and End Date; Contact Name and 

Phone Number; and the four seasonal 

throughput percents. States may 

optionally report this information. In 

addition, for the point, nonpoint, and 

nonroad source types, we have removed 

the requirement to report three 

operating schedule elements: Hours per 

Day, Days per Week, and Weeks per 

Year. Also for the point source type, we 

have removed the requirement to report 

the following data 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 is not 

significantly impacted by not collecting 

these data from the states, but we note 

that states still have the option to report 

them if those data are available. 

Three additional data elements are 

now voluntary rather than required 

under the AERR for all four emissions 

source types, for the reasons described 

in section D above: Summer Day 

Emissions, Ozone Season Emissions, 

and Winter Work Weekday Emissions. 

However, all of the data elements that 

are no longer required to be reported 

under the AERR may still be voluntarily 

reported to the EIS data system. 

IV. Response to Comments 

In response to our notice of proposed 

rulemaking, we received comments 

from 11 commenters: 10 state agencies 

and one corporation. The EPA carefully 

considered all comments in developing 

the final amendments. The EPA has 

provided a comprehensive Response to 

Comments document that is available in 

the docket for this rule. This section 

provides a high-level summary of 

significant comments and the EPA’s 

responses to those comments. 

A. Lower Point Source Threshold for Pb 

Emitters 

We proposed to change the reporting 

threshold for point sources of Pb from 

5 tpy to 0.5 tpy of Pb potential 

emissions. The EPA received comments 

supporting the proposal, as well as 

comments recommending alternative 

approaches. Some comments requested 

that the EPA consider that the ambient 

monitoring rule threshold is 0.5 tons of 

actual emissions, and thus the goal of 

aligning with that rule would be better 

met using a 0.5 tpy threshold for actual 

emissions rather than potential 

emissions. After considering all 

comments, the EPA is finalizing a 0.5 

tpy of actual emissions threshold for 

reporting Pb emissions as point sources 

to better reflect available state emissions 

inventories. 

B. Elimination of Reporting for Wildfires 

and Prescribed Fires and Clarification 

for Reporting Agricultural Fires 

The EPA proposed to eliminate the 

requirement for reporting emissions 

from wildfires and prescribed fires, to 

eliminate the reporting of these sources 

as nonpoint sources, and to clarify that 

agricultural fires must be reported as 

nonpoint sources. These proposed 

changes would reduce the reporting 

burden for states, because the EPA 

already calculates emissions from these 

sources, using national, satellite-based 

methods. Seven commenters supported 

the proposed elimination of the 

requirement to report emissions from 

wildfires and prescribed fires. One of 

these commenters further requested that 

the EPA retain the option for states to 

submit their fire emissions. Another 

commenter recommended that 

prescribed fires be allowed to be 

reported to the nonpoint data category. 

The EPA agrees that states should have 

the option of reporting fire emissions 

and the proposal allowed for that 

possibility. We do not believe that 

allowing both event-based and nonpoint 

reporting for prescribed fires is a viable 

approach, because such an approach 

would increase complexity of the 

inventory process by requiring the EPA 

to prevent double-counting across 

event-based and nonpoint-based 

submissions. After consideration of the 

comments, the EPA is finalizing this 

section of the rule as proposed. 

C. Reporting Emission Model Inputs for 

Onroad Sources 

We proposed to require model inputs 

from all states (except California) for the 

onroad mobile sources model MOVES, 

rather than require emissions values, 

and to permit the optional additional 

reporting of emissions values. Six 

commenters supported this approach. 

One state objected to the requirement 

for inputs for MOVES, noting that its 

approaches to modeling onroad 

emissions exceed the detail that the EPA 

would be able to replicate using the 

MOVES inputs alone, and 

recommended that EPA should allow 

either model inputs or emissions values 

for states to fulfill their reporting 

requirements. 

The EPA believes that allowing 

emissions values instead of model 

inputs does not sufficiently address the 

EPA’s needs for such onroad model 

input data. The MOVES model provides 

a large degree of flexibility regarding 

how to run the model, and while 

different run approaches can result in 

different estimates of emissions values, 

no one approach is superior to the 

others. The commenting state’s use of 

finely resolved modeling approaches is 

no different from that of many states 

with nonattainment areas, for which 

detailed approaches are being used for 

state implementation plans. As we 

noted in the proposal, and also explain 

in the comprehensive Response to 

Comments document that is available in 

the docket for this rule, providing model 

inputs will meet a number of the EPA’s 

needs that are essential to overall air 

quality responsibilities, including 

improving the accuracy and timeliness 

of the EPA’s air quality planning efforts, 

allowing the EPA to use the latest 

versions of the applicable models to 

generate the most accurate emissions 

values, which are used in a variety of 

required implementation and planning 

activities, and allowing the EPA to 

generate consistent base year and future 

year emissions estimates, which are 

necessary for performing accurate 

benefits estimates for new rules (see 78 


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Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8793 

FR 37167). Thus, this final rule includes 

a requirement for all states, except 

California, to report their onroad model 

input data, requires California to report 

emissions values (because California’s 

EPA-approved model uniquely supports 

California onroad mobile regulations), 

and allows emissions values data to be 

reported optionally in addition for all 

other states. 

D. Reporting Emission Model Inputs for 

Nonroad Sources 

We additionally proposed to require 

all states (except California) to provide 

inputs for the EPA-developed nonroad 

mobile sources model such as the 

National Mobile Inventory Model 

(NMIM), rather than require emissions 

values, and to permit the optional 

additional reporting of emissions 

values. Six commenters supported this 

approach. One state objected to the 

requirement for inputs for NONROAD, 

noting that they developed an improved 

nonroad emissions approach. They 

further commented that states should be 

able to meet their nonroad reporting 

requirement by reporting emissions 

values or model inputs. 

The EPA disagrees with the comment 

that emissions values should be allowed 

in place of model inputs for several 

reasons. First, ongoing changes to the 

EPA-approved nonroad modeling to use 

MOVES means that all states will have 

to adapt to new formats in upcoming 

AERR every third year cycles. Second, 

the EPA’s approved nonroad approaches 

are considered valid for all states except 

California, where state-specific nonroad 

source regulations cannot be modeled 

by the EPA model(s). Thus, even if 

states voluntarily develop their own 

approaches, the EPA’s nonroad 

approach is still a valid approach in 

those states and inputs can be prepared. 

Third, the suggestion to submit only 

emissions values does not address the 

EPA need to have inputs for estimating 

consistent base and future-year 

emissions. Finally, for states that believe 

their emissions values from their own 

approaches are better than values that 

might be created by the EPA by using 

the inputs, those states may optionally 

submit those emissions values as well 

for use by the EPA. Thus, this final rule 

(1) requires all states, except California, 

to provide nonroad model inputs in the 

formats supported by the latest EPA 

nonroad models in accordance with 

guidance provided for a given every 

third year NEI cycle, (2) requires 

California to report nonroad emissions 

values (because state-specific nonroad 

source regulations cannot be modeled 

by the EPA models), and (3) allows 

additional emissions values data to be 

reported optionally for all other states. 

E. Removal of Requirements To Report 

Daily and Seasonal Emissions 

The EPA proposed to remove 

requirements to submit daily and 

seasonal emissions from the AERR 

because those requirements are 

duplicative in light of similar 

requirements of the underlying 

pollutant-specific implementation rules 

(including CO maintenance plans). 

These underlying rules already require 

states to show and track consistency 

with the emissions projections 

contained in the approved SIP 

submissions, and also contain 

requirements for public review of SIP 

revisions. Two commenters stated 

support for the proposed changes, with 

one of those noting inconsistencies with 

proposed changes to the ozone 

implementation rule. Four commenters 

disagreed with the EPA’s proposed 

change to remove the summer day 

emissions requirement, with some of 

those commenters also noting that the 

definition of summer day emissions in 

the AERR was referenced by the 

proposed ozone implementation rule. 

One commenter stated that AERR 

submissions can be used as a way to 

demonstrate milestone year compliance 

for ozone or CO nonattainment areas. 

Another commenter indicated that since 

the NOX SIP Call does not contain 

specific data reporting requirements and 

instead refers to the AERR for those 

requirements (see 40 CFR 51.122(f)), 

deleting the summer day emissions 

reporting in the AERR would not allow 

for proper implementation of the NOX

SIP Call. In addition, a commenter 

noted that the proposed AERR did not 

explicitly list the NOX SIP call as an 

optional source of submitted data 

intended to meet compliance with that 

rule. 

As a result of these comments, the 

EPA intends to ensure that the 

requirements for the ozone 

implementation rule and NOX SIP Call 

are clear and that terms for mandatory 

emissions fields are defined in a 

pollutant-specific regulation, or in the 

relevant maintenance plan for CO. The 

EPA believes that the appropriate place 

for addressing pollutant-specific daily 

and seasonal reporting requirements is 

not the general AERR, but rather the 

underlying pollutant-specific 

implementation rules. Thus, we are not 

including those definitions or 

requirements in the final AERR. In 

addition, the EPA notes that while 

summer and winter daily emissions and 

seasonal emissions are no longer 

required by the AERR, air agencies may 

voluntarily report such data to EPA. 

Allowing such voluntary submissions 

will continue to support areas that 

would like to use those submissions to 

meet the requirements of other rules or 

plans. 

When we proposed this revision, we 

assumed that the requirement to report 

specific daily and seasonal emissions 

was also addressed in the underlying 

pollutant-specific implementation rules, 

as well as the AERR. However, in light 

of these comments, we realize that the 

requirement to report these daily and 

seasonal emissions is not also contained 

in some of the underlying SIP 

implementation rules. The EPA 

continues to believe it is not necessary 

to require reporting of these emissions 

as part of the AERR and that it makes 

more sense to define and require 

reporting of the emissions required for 

compliance with specific SIP 

implementation rules within those rules 

themselves, or within the relevant 

maintenance plan. As a logical 

outgrowth of these comments and the 

fact that we did not propose to remove 

completely these pollutant-specific 

requirements—only to remove 

unnecessary duplication in the AERR— 

we are making additional changes to the 

underlying ozone implementation and 

NOX SIP Call rules. Accordingly, this 

final rule removes the ozone season 

emissions and summer day emissions 

definitions and reporting requirements 

from the AERR provisions in 40 CFR 

Subpart A, while also finalizing changes 

that will move the relevant definitions 

and reporting requirement to address 

summer day emissions to the ozone 

reporting requirements in 40 CFR 

51.900 and 51.915 and to address ozone 

season emissions and summer day 

emissions in the NOX SIP Call reporting 

requirements in 40 CFR 51.122. As for 

CO winter work weekday emissions, 

since all CO areas have been 

redesignated to maintenance areas as of 

September 27, 2010, any requirements 

to report those emissions will exist in 

the relevant CO maintenance plans. As 

no comments identified specific COrelated deficiencies, especially as 

related to CO regulations or 

maintenance plans that would be 

impacted by these revisions, there is no 

indication that similar changes to 

underlying regulations are needed to 

address winter work day emissions. 

F. Revisions To Simplify Reporting and 

Provide Consistency With EIS 

The EPA proposed to remove required 

data elements from Tables 2a, 2b, and 

2c. One commenter stated support for 

these changes. Another commenter 

stated support but also suggested the 


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8794 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

EPA maintain the requirements for 

parameters related to state end dates 

and other operating schedule 

parameters to reduce the assumptions 

that reported emissions occurred over 

the entire year. The EPA acknowledges 

that the operating parameters can be 

useful information for certain nonannual sources. However, the vast 

majority of sources operate on a fairly 

predictable pattern for the entire year, 

with only a small portion operating a 

partial year or with an unusual 

schedule. While the operating parameter 

information can be voluntarily reported 

for such sources, the EPA disagrees that 

requiring such fields for all sources 

makes sense in light of the low 

prevalence of non-annual sources. 

The EPA also proposed to add new 

emissions elements. One commenter 

supported the addition of Aircraft 

Engine Type, Unit Type, and Release 

Point Apportionment Percent to the 

Facility Inventory data element tables. 

One commenter expressed concern over 

these additions, noting additional 

burden associated with reporting details 

about airport emissions. Two 

commenters did not support the 

requirement for using Shape Identifiers 

for some nonpoint categories because of 

the additional resource burden. Other 

commenters had various minor 

comments related to these changes. The 

EPA clarifies that the addition of fields 

that support the reporting of airport 

emissions as point sources does not 

change the sources that will need to be 

reported as point sources. Most airports 

still do not need to be reported as point 

sources because their stationary source 

emissions will not exceed the potentialto-emit thresholds in this rule. 

Furthermore, the EPA notes that we 

provide air agencies with all of the 

information about aircraft engine types 

to use in considering their airport 

emissions estimates, which should 

reduce any burdens associated with this 

change. 

Regarding the change to require Shape 

Identifiers, we acknowledge there is 

some increased level of detail associated 

with reporting shapes rather than 

county totals. However, the EPA has 

minimized the resource burden overall 

by providing agencies with a table of 

factors to easily allocate from county 

emissions to shapes, based on the EPA’s 

estimated geographic allocations. The 

EPA also provides assistance to air 

agencies that might prefer to submit 

county estimates, by helping to prepare 

allocations and data files for states to 

submit. Thus, the EPA is finalizing the 

changes as proposed. 

V. 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 (PRA) 

The Office of Management and Budget 

(OMB) has approved the information 

collection requirements contained in 

this rule under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2170.05. You can find a 

copy of the ICR in the docket for this 

rule, and it is briefly summarized here. 

The ICR collects air emissions and 

related information from state and local 

agencies for emissions sources of oxides 

of nitrogen, carbon monoxide, sulfur 

dioxide, volatile organic compounds, 

particulate matter less than or equal to 

10 micrometers in diameter, particulate 

matter less than or equal to 2.5 

micrometers in diameter, and ammonia. 

Every 3 years, state and local air 

agencies are required to submit a point 

source inventory, as well as a statewide 

stationary nonpoint, onroad mobile, and 

nonroad mobile source inventory for all 

criteria pollutants and their precursors. 

The emissions data submitted for the 

annual and 3-year cycle inventories are 

used by EPA’s Office of Air Quality 

Planning and Standards to assist in 

developing the NEI, performing regional 

modeling for various regulatory 

purposes, and preparing national trends 

assessments and other special analyses 

and reports. Additionally, states are 

required to report larger point sources 

annually, using emissions thresholds set 

in the reporting rule. 

Respondents/affected entities: State 

and local air agencies. 

Respondent’s obligation to respond: 

Mandatory as per 40 CFR part 51. 

Estimated number of respondents: 

104. 

Frequency of response: Annual, with 

additional requirements triennially. 

Total estimated burden: 69,140 hours 

(per year in triennial years). Burden is 

defined at 5 CFR 1320.3(b). 

Total estimated cost: $5,567,043 (per 

year), includes $1,166,480 annualized 

capital or operation & maintenance 

costs. 

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 the EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any new requirements on small 

entities. This action corrects and 

clarifies emissions reporting 

requirements and provide states with 

additional flexibility in how they collect 

and report their emissions data, thereby 

reducing overall collection and 

reporting burdens and their associated 

costs. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action imposes no 

requirements on tribal governments. 

The 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, except in 

cases in which a tribal government 

voluntarily elected to apply for and 

received ‘‘Treatment as State’’ status for 

air quality control purposes and is 

subject to the AERR under its Tribal 

Implementation Plan. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it does not concern 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8795 

an environmental health risk or safety 

risk. The amendments correct and 

clarify emissions reporting requirements 

and provide states with additional 

flexibility in how they collect and report 

their emissions data. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

This action corrects and clarifies 

emissions reporting requirements and 

provides states with additional 

flexibility in how they collect and report 

their emissions data. 

I. National Technology Transfer and 

Advancement Act 

This action does not involve technical 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action 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 

sources. 

K. Congressional Review Act 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practices and procedure, 

Air pollution control, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Particulate matter, Regional haze, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: February 6, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, part 51 of 

the Code of Federal Regulations is 

amended as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

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

7671q. 

Subpart A—Air Emissions Reporting 

Requirements 

§ 51.10 [Removed and reserved] 

■ 2. Remove and reserve § 51.10. 

■ 3. In § 51.15: 

■ a. Revise paragraphs (a)(2), (a)(3), 

(a)(4), (b)(2), (b)(3), (b)(4), and the first 

sentence in paragraphs (c) and (d). 

■ b. Remove paragraphs (a)(5) and (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 (or any other 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, choose 

to report ozone season day emissions of 

NOX as required under the NOX SIP Call 

and summer day emissions of NOX that 

may be required under the NOX SIP Call 

for controlled sources to the EIS using 

the data elements described in this 

subpart. 

(4) 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. (i) 

Emissions for onroad and nonroad 

mobile sources must be reported as 

inputs to the latest EPA-developed 

mobile emissions models, such as the 

Motor Vehicle Emissions Simulator 

(MOVES) for onroad sources or the 

NMIM for nonroad sources. States using 

these models may report, at their 

discretion, emissions values computed 

from these models in addition to the 

model inputs. 

(ii) In lieu of submitting model inputs 

for onroad and nonroad mobile sources, 

California must submit emissions 

values. 

(iii) 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. The events 

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 (e.g., acres burned, fuel 

loads) for us to use in the EPA’s 

estimation approach. 

(c) Supporting information. You must 

report the data elements in Tables 2a 

and 2b in Appendix A of this subpart. 

* * * 

(d) Confidential data. We do not 

consider the data in Tables 2a and 2b in 

Appendix A of this subpart confidential, 

but some states limit release of these 

types of data. * * * 

■ 4. In § 51.20, revise 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 


rljohnson on DSK3VPTVN1PROD with RULES
8796 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

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. Revise § 51.30 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 data described in § 51.15 from 

Type A (large) point sources, as defined 

in Table 1 of Appendix A of this 

subpart. The first every-year cycle 

inventory will be for the 2009 inventory 

year and must be submitted to the EPA 

within 12 months, i.e., by December 31, 

2010. 

(2) In inventory years that fall under 

the triennial inventory requirements, 

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 data as described 

in § 51.15. 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 (2014, 

2017, etc.) will be due 12 months after 

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

December 31 of the following year. 

(2) [Reserved] 

■ 6. Revise § 51.35 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 3 years. As an 

option, your state may ease this 

workload spike by using the following 

approach: 

(1) Each year, collect and report data 

for all Type A (large) point sources (this 

is required for all Type A point sources). 

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

A point sources. Collect data for a 

different third of these sources each year 

so that data has been collected for all of 

the sources that are not Type A point 

sources by the end of each 3-year cycle. 

You must save 3 years of data and then 

report all emissions from the sources 

that are not Type A point sources on the 

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 3-year period identically. For 

example, if a process has not changed 

for a source category or individual 

plant, your state must use the same 

emission factors to calculate emissions 

for each year of the 3-year period. If 

your state has revised emission factors 

during the 3 years for a process that has 

not changed, you must 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. Revise § 51.40 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. Revise § 51.50 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 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 process identifier means a 

unique code for the process generating 

the emissions. 

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 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. 

Facility site name means the name of 

the facility. 

Lead (Pb) means lead as defined in 40 

CFR 50.12. Emissions of Pb which occur 

either as elemental Pb or as a chemical 

compound containing Pb should be 

reported as the mass of the Pb 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 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8797 

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. 

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. 

Source classification code (SCC) 

means a process-level code that 

describes the equipment and/or 

operation which is emitting pollutants. 

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. 

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. In Appendix A to subpart A of part 

51: 

■ a. Revise tables 1, 2a, and 2b. 

■ b. Remove table 2c. 

The revisions read as follows: 

Appendix A to Subpart A of Part 51— 

Tables 


rljohnson on DSK3VPTVN1PROD with RULES
8798 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 

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 (actual) ........ ≥0.5 (actual). 

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

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

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

(8) NH3

4 .............................................................................................................. ≥250 ≥100 .................... ≥100. 

1Thresholds for point source determination shown in tons per year of potential to emit as defined in 40 CFR part 70, with the exception of 

lead. Reported emissions should be in actual tons emitted for the required time period. 2Type 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. 

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. 

(11) Aircraft Engine Type (where applicable). 

(12) Facility Site Status and Year. 

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 

Data elements 

(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. 

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 

Data elements 

(22) Release Point Apportionment Percent. 

(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. 

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 .................... ....................

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


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Rules and Regulations 8799 

Subpart G—Control Strategy 

■ 10. In § 51.122: 

■ a. Revise paragraphs (a), (c)(1)(i), 

(c)(2), (c)(3), (f), and (g). 

■ b. Remove and reserve paragraph (d). 

The revisions read as follows: 

§ 51.122 Emissions reporting 

requirements for SIP revisions relating to 

budgets for NOX emissions. 

(a) As used in this section, words and 

terms shall have the meanings set forth 

in § 51.50. In addition, the following 

terms shall apply to this section: 

(1) Ozone season emissions means 

emissions during the period from May 

1 through September 30 of a year. 

(2) Summer day emissions means an 

average day’s emissions for a typical 

summer work weekday. The state will 

select the particular month(s) in 

summer and the day(s) in the work 

week to be represented. 

* * * * * 

(c) * * * 

(1) * * * 

(i) The state must report to EPA 

emissions data from all NOX sources 

within the state for which the state 

specified control measures in its SIP 

submission under § 51.121(g), including 

all sources for which the state has 

adopted measures that differ from the 

measures incorporated into the baseline 

inventory for the year 2007 that the state 

developed in accordance with 

§ 51.121(g).The state must also report to 

EPA ozone season emissions of NOX

and summer day emissions of NOX from 

any point, nonpoint, onroad mobile, or 

nonroad mobile source for which the 

state specified control measures in its 

SIP submission under § 51.121(g). 

* * * * * 

(2) For the 3-year cycle reporting, 

each plan must provide for triennial 

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

emissions data from all sources within 

the state. The state must also report to 

EPA ozone season emissions of NOX

and summer day emissions of NOX from 

all point sources, nonpoint sources, 

onroad mobile sources, and nonroad 

mobile sources. 

(3) The data availability requirements 

in § 51.116 must be followed for all data 

submitted to meet the requirements of 

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

(d) [Reserved] 

* * * * * 

(f) Reporting schedules. Data 

collection is to begin during the ozone 

season 1 year prior to the state’s NOX

SIP Call compliance date. 

(g) The state shall report emissions as 

point sources according to the point 

source emissions thresholds of the Air 

Emissions Reporting Rule (AERR), 40 

CFR part 51, subpart A. The detail of the 

emissions inventory shall be consistent 

with the data elements required by 40 

CFR part 51, subpart A. When 

submitting a formal NOX Budget 

Emissions Report and associated data, 

states shall notify the appropriate EPA 

Regional Office. 

Subpart X—Provisions for 

Implementation of 8-hour Ozone 

National Ambient Air Quality Standard 

■ 11. In § 51.900, add paragraph (v) to 

read as follows: 

§ 51.900 Definitions. 

* * * * * 

(v) Summer day emissions means an 

average day’s emissions for a typical 

summer work weekday. The state will 

select the particular month(s) in 

summer and the day(s) in the work 

week to be represented. The selection of 

conditions should be coordinated with 

the conditions assumed in the 

development of RFP plans, ROP plans 

and demonstrations, and/or emissions 

budgets for transportation conformity, to 

allow comparability of daily emission 

estimates. 

■ 12. Revise § 51.915 to read as follows: 

§ 51.915 What emissions inventory 

requirements apply under the 8-hour 

NAAQS? 

For each nonattainment area subject 

to subpart 2 in accordance with 

§ 51.903, the emissions inventory 

requirements in sections 182(a)(1) and 

182(a)(3) of the Act shall apply, and 

such SIP shall be due no later 2 years 

after designation. For each 

nonattainment area subject only to title 

I, part D, subpart 1 of the Act in 

accordance with § 51.902(b), the 

emissions inventory requirement in 

section 172(c)(3) of the Act shall apply, 

and an emission inventory SIP shall be 

due no later 3 years after designation. 

The state must report to the EPA 

summer day emissions of NOX and VOC 

from all point sources, nonpoint 

sources, onroad mobile sources, and 

nonroad mobile sources. The state shall 

report emissions as point sources 

according to the point source emissions 

thresholds of the Air Emissions 

Reporting Rule (AERR), 40 CFR part 51, 

subpart A. The detail of the emissions 

inventory shall be consistent with the 

data elements required by 40 CFR part 

51, subpart A. 

[FR Doc. 2015–03470 Filed 2–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 61, and 63 

[EPA–R06–OAR–2007–1205; FRL9923–05– 

Region 6] 

New Source Performance Standards 

and National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to Albuquerque-Bernalillo 

County Air Quality Control Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; delegation of 

authority. 

SUMMARY: The Albuquerque-Bernalillo 

County Air Quality Control Board 

(ABCAQCB) has submitted updated 

regulations for receiving delegation of 

the Environmental Protection Agency 

(EPA) authority for implementation and 

enforcement of New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

for all sources (both part 70 and nonpart 70 sources). The delegation of 

authority under this action applies only 

to sources located in Bernalillo County, 

New Mexico, and does not extend to 

sources located in Indian Country. EPA 

is providing notice that it is updating 

the delegation of certain NSPS to 

ABCAQCB, and taking direct final 

action to approve the delegation of 

certain NESHAPs to ABCAQCB. 

DATES: This rule is effective on April 20, 

2015 without further notice, unless EPA 

receives relevant adverse comment by 

March 23, 2015. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the updated 

NESHAPs delegation will not take 

effect; however, the NSPS delegation 

will not be affected by such action. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2007–1205, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions. 

• Email: Mr. Rick Barrett at 

barrett.richard@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Mail or delivery: Mr. Rick Barrett, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2007–1205. 

EPA’s policy is that all comments 

received will be included in the public 


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