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

Baltimore and his designated

representatives can be contacted at

telephone number 410-576-2693 or on

Marine Band Radio, VHF-FM channel

16 (156.8 MHz). The Coast Guard

vessels enforcing this section can be

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

being hailed by a U.S. Coast Guard

vessel, or other Federal, State, or local

agency vessel, by siren, radio, flashing

light, or other means, the operator of a

vessel shall proceed as directed. If

permission is granted, all persons and

vessels must comply with the

instructions of the Captain of the Port

Baltimore or his designated

representative and proceed at the

minimum speed necessary to maintain a

safe course while within the zone.

(4) Enforcement. The U.S. Coast

Guard may be assisted in the patrol and

enforcement of the zone by Federal,

State, and local agencies.

(d) Enforcement period. This section

will be enforced from 4 a.m. on January

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

2009.

Dated: December 5, 2008.

Austin J. Gould,

Commander, U.S. Coast Guard, Captain of

the Port, Baltimore, Maryland, Acting.

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

BILLING CODE 4910-15-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2004-0489; FRL-8749-5]

RIN 2060-AN20

Air Emissions Reporting Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action finalizes changes

to EPA's emission inventory reporting

requirements. This action consolidates,

reduces, and simplifies the current

requirements; adds limited new

requirements; provides additional

flexibility to states in the ways they

collect and report emissions data; and

accelerates the reporting of emissions

data to EPA by state and local agencies.

DATES: This final rule is effective on

December 17, 2008.

ADDRESSES: EPA has established a

docket for this action under Docket ID

No. EPA-HQ-OAR-2004-0489. All

documents in the docket are listed on

the www.regulations.gov index.

Although listed in the index, some

information is not publicly available,

e.g., CBI or other information whose

disclosure is restricted by statute.

Certain other material, such as

copyrighted material, will be publicly

available only in hard copy form.

Publicly available docket materials are

available either electronically through

www.regulations.gov or in hard copy at

the Air Emissions Reporting

Requirements Docket, EPA/DC, EPA

West Building, Room 3334, Constitution

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

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

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

excluding legal holidays. The telephone

number for the Public Reading Room is

(202) 566-1744, and the telephone

number for the Air Docket is (202) 566-

1742.

FOR FURTHER INFORMATION CONTACT: For

general questions, please contact Dennis

Beauregard, U.S. EPA, Office of Air

Quality Planning and Standards, Air

Quality Assessment Division, Mail Code

C339-02, Research Triangle Park, North

Carolina 27711; telephone number:

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

0684; e-mail address:

beauregard. dennis@epa.gov. For legal

questions, please contact Kristi Smith,

U.S. EPA, Office of General Counsel,

Mail Code 2344A, 1200 Pennsylvania

Avenue, NW., Washington,.DC 20460,

telephone (202) 564-3068, e-mail at

smith.kristi@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information

A. Does this action apply to me?

B. Where can I get a copy of this document

and other related information?

C. Public Comments on Proposed Rule

D. Judicial Review

II. Background and Purpose of This

Rulemaking

III. Response to Comments

A. Major Source Definition for Point

Source Reporting

B. Harmonizing Report Due Dates

C. Accelerating Report Due Dates

D. Reporting Biogenic Emissions

E. Reporting Emission Model Inputs

F. Reporting Summer Day Emissions

G. Reporting Winter Work Weekday

Emissions

H. New Data Elements

1. Identification of New Emissions Related

Data Requirements

J. Revisions to Specific Data Elements

IV. This Action

A. Consolidation of Reporting

Requirements

B. Point Source Reporting

C. Report Due Dates

D. Reporting Biogenic Emissions

E. Reporting Emission Model Inputs

F. Reporting Summer Day Emissions

G. Reporting Winter Work Weekday

Emissions

H. New Data Elements

I. Identification of New Emissions Related

Data Requirements

J. Revisions to Specific Data Elements

K. EPA Initiated Changes

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory

Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

C. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

H. Executive Order 13211: Actions That

Significantly Affect Energy Supply,

Distribution, or Use

I. National Technology Transfer

Advancement Act

J. Executive Order 12898: Federal Actions

to Address Environmental Justice in

Minority Populations and Low-Income

Populations

K. Congressional Review Act

I. General Information

A. Does this action apply to me?

Categories and entities potentially

regulated by this action include:

NAICS Category code a Examples of regulated entities

Statelocalltribal govern- 92411 State, territorial, and local government air quality management programs. Tribal governments are not

ment. 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.
76540 Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action.1 This action

requires states to report their emissions

to us. It is possible that some states will

require facilities within their

jurisdictions to report emissions to the

states. To determine whether your

facility will be regulated by this action,

you should examine the applicability

criteria in 40 CFR 51.1 of this rule. If

you have any questions regarding the

applicability of this action to a

particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

B. Where can I get a copy of this

document and other related

information?

In addition to being available in the

docket, an electronic copy of this final

action will also be available on the

worldwide Web (WWW) through the

Technology Transfer Network (TTN).

Following the Administrator's signature,

a copy of the final amendments will be

placed on the TTN's'Clearing House for

Inventories and Emission Factors

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

ttn/chief.

C. Public Comments on Proposed Rule

The 120-day comment period for the

proposed rule expired on May 3, 2006.

We received comments from 39

correspondents. These comments were

submitted by 22 state and local agency

representatives, 1 organization of state

and local clean air agencies, 9

industries, 2 chambers of commerce and

5 commenters with no identified

affiliation. While several comments

were received days after the comment

period ended, EPA did not treat these

comments differently from comments

received during the comment period.

EPA has carefully considered all

comments in developing the final

amendments. Summaries of significant

comments and EPA's responses are

contained in this preamble. All

comments are summarized and

addressed in the document titled

"Response to Comments," which is

available from the docket.

1 As prescribed by the Tribal Authority Rule (63

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

subpart A, tribes may elect to seek treatment as

State (TAS) status and obtain approval to

implement rules such as the AERR through a Tribal

Implementation Plan (TIP), but tribes are under no

obligation to do so. However, those tribes that have

obtained TAS status are subject to the AERR to the

extent allowed in their TIP. Accordingly, to the

extent a tribal government has applied for and

received TAS status for air quality control purposes

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

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

tribal government.

D. Judicial Review

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

Air Act (CAA), judicial review of this

final rule is available only by filing a

petition for review in the United States

Court of Appeals for the District of

Columbia Circuit by-February 17, 2009.

Only those objections to this final rule

that were raised with reasonable

specificity during the period for public

comment may be raised during judicial

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

CAA, the requirements that are the

subject of this final rule may not be

challenged later in civil or criminal

proceedings brought by EPA to enforce

these requirements.

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

further provides a mechanism for us to

convene a proceeding for

reconsideration, "[flf the person raising

an .objection can demonstrate to the

Administrator that it was impracticable

to raise such objection within [the

period for public conment] or if the

grounds for such objection arose after

the period for public comment (but

within the time specified far judicial

review) and if such objection is of

central relevance to the outcome of the

rule." Any person seeking to make such

a demonstration to us should submit a

Petition for Reconsideration to the

Office of the Administrator, U.S. EPA,

Room 3000, Ariel Rios Building, 1200

Pennsylvania Ave., NW., Washington,

DC 20460, with a copy to both the

persons listed in the preceding FOR

FURTHER INFORMATION CONTACT section,

and the Associate General Counsel for

the Air and Radiation Law Office, Office

of General Counsel (Mail Code 2344A),

U.S. EPA, 1200 Pennsylvania Ave.,

NW., Washington, DC 20460.

II. Background and Purpose of This

Rulemaking

In today's action, EPA is amending

the emission inventory reporting

requirements in 40 CFR part 51, subpart

A, and in 40 CFR 51.122. This action

harmonizes rep6rting requirements

under the NOx SIP Call and the

Consolidated Emissions Reporting Rule

(CERR). It also removes and simplifies

some existing emissions reporting

requirements which we believe are not

necessary or appropriate; allows states

to better track changes in source

emissions, shutdowns, and startups over

time by using the 40 CFR .70 definition

of major source for point source

reporting; deletes a requirement for

states to report biogenic emissions; and

offers states the option of reporting

emission model inputs in lieu of

reporting emissions for certain source

categories. These changes were widely

supported by states because they will

simplify and reduce the states' reporting

burden.

In the preamble to the January 3,

2006, AERR proposed rulemaking (71

FR 69) we discussed state reporting

requirements under the Clean Air

Interstate Rule (CAIR) and included

requirements for CAIR reporting in 40

CFR 51.123-51.125 under Subpart A.

On July 11, 2008, the United States

Court of Appeals for the District Court

of Columbia Circuit vacated CAIR in its

entirety. Accordingly, all references to

CAIR and its reporting requirements

have been removed from the final

AERR. If CAIR (or some similar rule)

becomes effective in the future, EPA

will initiate a new rulemaking, as

necessary, to address emission reporting

requirements for that rule.

Because we are consolidating,

harmonizing and updating two preexisting sets of state emissions reporting

requirements, we are reviewing the

purpose, authority, and history of

emissions reporting requirements in

general.

Emission inventories are critical for

the efforts of state, local, and Federal

agencies to attain and maintain the

National Ambient Air Quality Standards

(NAAQS) that EPA has established for

criteria pollutants, such as ozone,

particulate matter (PM) and carbon

monoxide (CO). To assist these efforts,

EPA initiated an effort in the early

1990's to develop a central repository of

inventory data for all states that is now

known as the National Emission

Inventory (NEI). Emission inventory

data reported electronically under the

CERR is stored in the NEI database and

used by EPA and by states for air quality

modeling, tracking progress in meeting

CAA requirements, setting policy, and

answering questions from the public.

States often use the NEI as a starting

point in developing emission

inventories for support of State

implementation plans (SIPs).

Ptrsuant to its authority under

sections 110 and 172 of the CAA, EPA

has required SIPs to include inventories

containing information regarding

criteria pollutant emissions and their

precursors (e.g., volatile organic

compounds (VOC)). The EPA codified

these inventory requirements in subpart

Q of 40 CFR part 51 in 1979 and

amended them in 1987.

The 1990 Amendments to the CAA

revised many of the CAA provisions

related to the attainment of the NAAQS

and the protection of visibility in Class

I areas. These revisions established new

periodic emission inventory

requirements applicable to certain areas

that were designated nonattainment for
Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations 76541

certain pollutants. For example, section

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

emission inventory every 3 years for

ozone nonattainment areas beginning in

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

required states to submit an inventory

every 3 years for CO nonattainment

areas. The EPA, however, did not

immediately codify these statutory

emission reporting requirements in the

CFR, but simply relied on the statutory

language to implement them.

Title IV of the 1990 CAA

Amendments also added requirements

for reporting of emissions by sources

subject to the Acid Rain Program (ARP).

Affected sources must report hourly

NOx, SOx and CO 2 data to EPA's Clean

Air Markets Division on a quarterly

basis. Generally, these sources report

annual NOx and SOx data aggregated

from the hourly ARP data as well as

other criteria and precursor pollutant

emissions to states to satisfy reporting

requirements for state permitting and

emission inventory programs.

In 1998, EPA promulgated the NOx

SIP Call which required the affected

states and the District of Columbia to

submit SIP revisions providing nitrogen

oxides (NOx) reductions to reduce their

adverse impact on downwind ozone

nonattainment areas. See 63 FR 57356

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

codified in 40 CFR 51.122, EPA

established emissions reporting

requirements to be included in the SIP

revisions required under that action.

Another set of emissions reporting

requirements, the CERR, was

promulgated by EPA in 2002, and is

codified at 40 CFR part 51, subpart A.

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

requirements replaced the requirements

previously contained in subpart Q of 40

CFR part 51, expanding their geographic.

and pollutant coverages, while

simplifying them in other ways.

The principal statutory authority for

the emission inventory reporting

requirements outlined in this preamble

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

which provides that SIPs must require "as may be prescribed by the

Administrator * * * (ii) periodic

reports on the nature and amounts of

emissions and emissions-related data

from such sources." Section 301(a) of

the CAA provides authority for EPA to

promulgate regulations under this

provision. 2 At present, the emissions

2 Other CAA provisions relevant to these

proposed arnendments include section 172(c)(3)

(requires SIPs for nonattainment areas to include

comprehensive, current inventory of actual

emissions, including periodic revisions); section

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

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

reporting requirements applicable to

states are contained in two different

locations: Subpart A of 40 CFR part 51

(the CERR) and 40 CFR 51.122 in

subpart G (the NOx SIP Call). This final

rule will consolidate these

requirements, with modifications as

described below. The modifications are

intended to harmonize, reduce, and

simplify the emissions reporting

requirements, and also make emissions

reporting easier.

Under the NOx SIP Call requirements

in 40 CFR 51.122, NOx emissions for a

defined 5-month ozone season (May 1

through September 30) from sources

that the state has subjected to emissions

control to comply with the NOx SIP Call

are required to be reported by the

affected states to EPA every year.

However, NOx emissions from sources

.reporting directly to EPA as part of the

NOx trading program are not required to

be reported by the states to EPA every

year. The affected states are also

required to report ozone season

emissions and typical summer work

weekday emissions of NOx from all

sources every third year (2002, 2005,

2008, etc.). This triennial reporting

process does not have an exemption for

sources participating in the NOx SIP

Call emissions trading program. Section

51.122 requires that a number of data

elements be reported in addition to

ozone season NOx emissions. These

data elements describe some of the

source's specific physical and

operational parameters.

Emissions reporting under the NOx

SIP Call (promulgated October 27, 1998)

was required for the 2002 inventory year

which was the year prior to the

emissions reductions requirement. The

reports are due to EPA on December 31

of the year following the inventory year.

For example, emissions from all sources

and types in the 2002 ozone season

were required to be reported on

December 31, 2003. However, because

the Court which heard challenges to the

NOx SIP Call delayed the

implementation by one year to 2004, see

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

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

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

to start reporting until the 2003

inventory year. In addition, EPA

subsequently promulgated a rule to

subject Georgia and Missouri to the NOx

SIP Call with an implementation date of

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

For these states, emissions reporting

began with 2006. The emissions

reporting requirements under the NOx

(requires emission inventories from CO

nonattainment areas).

SIP Call presently affect the District of

Columbia and 20 states.

As noted above, the other set of

emissions reporting requirements is

codified at subpart A of part 51.

Although entitled the "Consolidated

Emissions Reporting Rule," the CERR

left in place separate reporting

requirements for the N~x SIP Call under

40 CFR 51.122. The CERR requirements

were aimed at obtaining emissions

information to support a broader set of

purposes under the CAA than were the

reporting requirements under the NOx

SIP Call. The CERR requirements apply

to all states and include the reporting of

all criteria pollutants and criteria

pollutant precursors.

The CERR and the NOx SIP Call both

require states to report emissions of all

sources at 3-year intervals (inventory

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

there are a number of differences

between the two rules. The CERR also

requires reporting of certain large

sources every year, and the required

reporting date under the CERR is 5

months later than under the NOx SIP

Call reporting requirements., Also under

the CERR, emissions must be reported

by all states as a total for the entire

inventory year, for a typical wprk

weekday in winter, and for a typical

work weekday in summer, but not a

total for the 5-month ozone season as is

required by the NOx SIP Call. The NOx

SIP Call requires a special all-sources

report by affected states for the year

2007 due December 31, 2008. 3 Finally,

the CERR and the NOx SIP Call differ

in what non-emissions data elements

must be reported.

III. Response to Comments

We have addressed all comments in

detail and placed them in the Response

to Comments document in the docket.

The comments that concern significant

proposed changes have been

summarized and addressed, as

discussed below. As an aid to the

reader, we have grouped related

comments under headings that generally

correspond to the organization of the

proposed rulemaking.

A. Major Source Definition for Point

Source Reporting

Ir all states, we proposed to expand

the definition of sources that must be

reported in the point source format,

3 It is important to note that the NOx SIP Call

requires a special all-sources report by affected

States for the 2007 inventory year due December 31,

2008. While the CAIR had removed the requirement

to submit the special all-sources report, the recent vacatur of CAIR in its entirety means that the

special all-sources report is once again a

.requirement under the NOx SIP Call.
76542 Federal Register/Vol. 73, No. 243 / Wednesday, December 17, 2008 /Rules and Regulations

resulting in fewer sources included in

the nonpoint source formats.4 We

proposed to base the requirement for

point source format reporting on

whether the source is a major source

under 40 CFR part 70 for the pollutants

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

CO, VOC, NOx, sulfur dioxide (SO 2),

PM 2.5, PM10 , lead-and ammonia (NH3).

Those major sources were further

classified as Type A (large sources) and

Type B (small sources), with differing

reporting requirements for each type.

Currently, the requirement for point

source reporting is based on thresholds

of actual emissions during the inventory

year. While it has always been an option

for states to include all such sources,

and we know that some states already

do, expanding the point source

definition may require more sources to

be reported as point sources every third

year. Affected states would continue to

report their actual emissions, but the

new approach would make it possible to

better track changes in source

emissions, shutdowns, and start-ups

over time. Because states have existing

lists of sources subject to 40 CFR part

70 requirements, this approach would

result in a more stable universe of

reporting point sources, which in turn

would facilitate elimination of overlaps

and gaps in estimating point source

emissions, as compared to nonpoint

source emissions. Under this proposal,

states would know well in advance of

the start of.the inventory year which

sources would need to be reported. We

proposed that these new requirements

begin with the 2008 inventory year.

We received a number of comments

on the provision regarding point source

format reporting. All commenters

supported changing the definition of a

point source for reporting purposes to

that used in 40 CFR part 70. Therefore,

EPA intends to implement this reporting

change but with certain caveats

prompted by other comments, as

discussed below.

One commenter thought that the table

included in the definition for point

source in the proposed rule was

4 We use the term "nonpoint source" to refer to

a stationary source that is treated for inventory

purposes as part of an aggregated source category

rather than as an individual facility. In the existing

subpart A of part 51, such emissions sources are

referred to as "area sources." However, the term "area source" is used in section 112 of the CAA to

indicate a nonmajor source of hazardous-air

pollutants, which could or could not be a point

source. As emission inventory activities

increasingly encompass both NAAQS-relatad

pollutants and hazardous air pollutants, the

differing uses of "area source" can cause confusion.

Accordingly, EPA is substituting the term

"nonpoint slource" for the term "area source" in

subpart A and in subpart G (§ 51.122 to avoid

confusion.

inconsistent with the proposed

reporting requirements using the Title V

definition. The commenter noted that

the definition for "type A source"

seemed inconsistent with the proposed

change from actual emissions to "potential to emit."

The EPA agrees with the commenter

that there were some inconsistencies in

the proposed rule. The preamble for the

proposed rule stated that EPA is "proposing to base the requirement for

point source format reporting on

whether the source is a major source

under 40 CFR part 70 for the pollutants

for which reporting is required * * *."

This indicated that reporting thresholds

for all point sources would be based

upon the 40 CFR part 70 definition of "potential to emit" (PTE). However, we

further stated that "we are proposing to

expand the definition of what sources

must be reported in point source format

so that fewer sources would be included

in nonpoint source emissions." Later in

the preamble, we stated that "this

change may require more sources to be

reported as point sources every third

year." Both sentences imply that the

change would apply only to Type B

sources. Application of the 40 CFR part

70 point source definition to all point

sources would likely require some

existing Type B point sources to be

reported each year as Type A sources,

which was not identified as a likely

change in point source reporting.

The EPA used the definition for point

source to establish that use of the 40

CFR part 70 major source definition

would begin with the 2008 inventory

year. Point source reporting for years

prior to 2008 would continue to be

based upon use of "actual emissions."

However, the point source definition

includes a table for reporting Type A

and B sources, and that table indicates

that the reporting thresholds in the table

are "in tons per year of actual

emissions," While EPA intended that

the emissions reported would continue

to be actual emissions, PTE was to be

used to determine point source

reporting requirements, and no

consideration of this change is included

in the table.

The proposed definition for Type A

sources required use of "actual annual

emissions" to determine reporting

requirements. However,-the use of

actual annual emissions to determine

Type A sources appears to conflict With

the point source definition (applicable

to both Type A and B point sources),

which indicated that emission reporting

foi 2008 and later years would be

determined using the 40 CFR part 70

definition of "major source," which

uses PTE.

Given the confusing preamble

language and apparent conflict in the

text of the regulation, EPA will accept

use of either approach to determine

Type A point source reporting

requirements for the 2009 inventory

year. For the inventory years following

2009, EPA will expect states to use the

40 CFR part 70 major source definition

for all point sources to simplify

reporting requirements, as discussed in

the proposal preamble. Accordingly,

EPA has revised the definition of Type

A sources and Table 1 in Appendix A

to subpart A to make clear that the 40

CFR part 70 definition of major source

will be used to determine point source

reporting requirements following the

2009 inventory year.

B. Harmonizing Report Due Dates

The CERR reporting dates are 5

months later than the NOx SIP Call. The

NOx SIP Call rule requires the affected

states to submit emission inventory

reports for a given ozone season to EPA

by December 31 of the following year,

12 months after the end of the inventory

year. The CERR requires similar but not

identical reports from all states by the

following May 31, 17 months after the

end of the inventory year. The EPA

believes that harmonizing these

reporting dates would be efficient for

both states and EPA.

The EPA proposed to shorten the

timeline of 17 months for reporting

under the CERR to be consistent with

the 12 months for reporting under the

NOx SIP Call. A second alternative

requiring 12 months for reporting of

point sources and 17 months for

nonpoint and mobile sources was also

proposed.

Most commenters expressed support

for the concept of harmonizing the

reporting requirements under the NOx

SIP Call and the CERR, but were

concerned about the alternative of using

the 12-month timeline for some or all

sources for the. 2008 inventory year. In

general, the commenters were

concerned that a 12-month timeline

might compromise the quality of the

data and urged EPA to harmonize the

report due date at 17 months for all

emission sectors (point, nonpoint, and

mobile).

The EPA agrees with the concerns of

the commenters regarding the proposal

to tighten the timeline to 12 months for

the 2008 inventory year, and

accordingly, has decided to delay

implementing the AERR and the 12-

month timeline for reporting of all

emission sectors until 2009. Since the

2009 and 2010 inventory years require

reporting for Type A (large point)

sources only, one impact of this action

76542 Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations
Federal Register/Vol. 73, No. 243/Wednesday, December 17,. 2008/Rules and Regulations 76543

is to delay implementing a 12-month

timeline for reporting of all sources

until the 2011 inventory year, which is

the next 3-year comprehensive emission

inventory year. For the 2008 inventory

year, retaining the existing 17-month

timeline under the CERR will provide

additional stability for states using the

new data submittal and operating

procedures for the Emission Inventory

System (EIS), which will be operational

for the 2008 inventory year. The 17-

month timeline will allow state agencies

to adapt to the new data reporting and

system requirements without

introducing additional constraints and

uncertainty to the process. It will also

provide a complete inventory cycle for

EPA to correct any problems with the

new system procedures.

The EPA notes that although some

-commenters supported a 17-month

timeline for reporting of all source

emissions for the 2008 inventory year,

we did not propose to extend the

existing 12-month timeline for reporting

under the NOx SIP Call. Thus, the NOx

SIP Call 12-month timeline will be

retained for the 2008 inventory year,

and harmonized reporting under the

AERR will be implemented for the 2009

inventory year.

C. Accelerating Report Due Dates

The EPA believes that the public is

best served by making environmental

information available as soon as

possible. Therefore, we proposed that

the reporting schedule be further

accelerated for the triennial year 2011

and all following years by requiring that

emissions data from all point sources be

reported within 6 months from the end

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

the following year. Undet the proposed

rule, reporting on all other sources

would be required within 12 months,

i.e., by December 31 of the following

year. There is precedent for requiring

reporting of point source emissions data

within 6 months. For example,

beginning with the year 1979, states

were required, under subpart Q, to

report point source emissions data

within 6 months. We invited comment

on alternative reporting schedules of 6

to 12 months for point sources and 12

to 17 months for all other sources.

Most commenters were concerned

with the proposed 6-month timeline for

states to submit point source data for the

2011 inventory year. The tommenters

generally indicated that the accelerated

schedule would create a very short

timeframe for point sources to gather the

emissions data needed to report to states

and for states to process and quality

assure the data, resulting in incomplete

and inconsistent data quality. Several

commenters thought that tightening the

timeline for point sources to 9 to 12

months would be possible. Some of the

commenters thought that 17 months

would continue to be needed for the

nonpoint and mobile source inventory

sectors due to the unavailability of data

on a shorter schedule from other

agencies needed to develop the

emission estimates.

Two commenters wanted to retain the

existing 17-month timeline for reporting

point, nonpoint, and mobile source

data. One of the commenters expressed

concerns that were based primarily on

having to conduct a similar data

collection and compilation effort within

California. The commenter thought that

the time to conduct this state-based

effort made accelerating the Federal

emissions reporting timeline to less than

17 months unrealistic and could

compromise data quality. The other

commenter expressed opposition to the

concept of a bifurcated reporting system

which would require submittal of point

and nonpoint/mobile source sector data

on separate dates.

Two commenters thought that Webbased submittal tools needed to move

beyond the developmental stage before

it would be possible to shorten the

reporting timeframe to 12 months. One

of the two commenters further indicated

that much of the activity data needed to

develop the nonpoint source estimates

are not available until 12 to 15 months

after the inventory year and thought

EPA should consider using previous

year data as a surrogate for the current

year.

The EPA agrees with the concerns

expressed by most of the commenters

regarding the proposed 6-month

timeline for submittal of point source

data by the 2011 inventory year. When

EPA developed the proposed

rulemaking, a project known as the

"Rapid Inventory Development Pilot"

was initiated. The EPA has now

evaluated the results of the project and

believes that a 6-month timeline for

developing and submitting inventory

data is not yet achievable on a

consistent basis with application of

proper quality assurance procedures for

all emission inventory source sectors.

However, the project did demonstrate

that a timeline shorter than the existing

17 months is possible, since a number

of states involved in the project were

able to submit data to EPA 10 months

after the emission inventory year.

The EPA understands that some

difficulties were encountered by several

of the states participating in the project,

which indicates that additional time is

needed to refine both the electronic

tools and the procedures to support, on

a consistent basis, development and

submittal of emissions data on an

expedited timeline. To allow additional

time for technological improvements,

EPA will implement a 12-month

timeline for data submittals beginning

with the 2009 inventory year. The effect

of this will be to require reporting of

Type A (large point) sources using a 12-

month timeline for the 2 years before

the comprehensive triennial emission

inventory effort for the 2011 inventory

year. This will allow for hdditional

development of electronic tools and

refinement of data submittal procedures

and for states to become familiar with

operation of the new EIS before the 2011

triennial inventory is due.

D. Reporting Biogenic Emissions

We proposed to remove a requirement

in the existing CERR for states to report

annual and typical ozone season day

biogenic emissions. Biogenic emissions

are estimated by a computer model

using meteorological and land use/land

cover data as inputs. Because EPA can

develop these data inputs directly

without having them reported by state,

local, and tribal agencies, we believe the

requirement for reporting biogenic

emissions serves no useful purpose.

This change does not affect our

expectation that biogenic emissions be

appropriately considered in ozone and

PM 2.

5 attainment demonstrations.

Many comments were submitted on

-the biogeriic emissions reporting

requirement, and all supported EPA's

proposal to not include biogenic

emissions reporting in the AERR. Based

upon the support expressed by the

commenters, EPA will implement this

part of the AERR as proposed by not

including the existing reporting

requirements (under the CERR) for

annual and typical ozone season day

biogenic emissions.

E. Reporting Emission Model Inputs

We proposed a new provision that

would allow states the option of

providing emission inventory

estimation model inputs in lieu of the

actual emissions estimates developed

from those inputs. This provision was

limited to source categories for which,

prior to the report due date, EPA

developed or adopted emissions

estimation models and through

guidance d6fined their necessary inputs.

This provision would allow states to

take advantage of new emissions

estimation tools for greater efficiency,

although the states would continue to be

required to provide inputs

representative of their conditions.

Under this option, EPA will run the

emissions model(s) t6 calculate
No. 243/Wednesday, December 17, 2008/Rules and Regulations

emissions and will enter the emissions

data into the appropriate database.

Section 51.15(d) limited this option to

"* * * models capable of estimating

emissions from a certain source type on

a national scale * * *." and thus

restricted its application to nonpoint

and mobile source emission categories.

We proposed that this option would be

available starting with the reports on

2005 emissions. Furthermore, we

invited comment on requiring states to

provide model inputs for source

categories for which they have utilized

a widely available emissions model as a

means of improving the transparency of

the emission estimates themselves and

the overall utility of the submissions in

meeting the objectives of the emissions

reporting requirements. Providing

model inputs would improve EPA's

ability to assess the quality of the states'

emission estimates and to project future

emissions.

We received several comments on this

provision. Most of-the comments were

in favor of allowing the option to report

model inputs in lieu of the emissions

estimated from the models. However,

many of the commenters did not want

to see the reporting of model inputs

become a reporting requirement.

The EPA agrees with the majority of

commenters who supported the option

of submitting input data in lieu of

emission estimates and will make this

an option. Although the proposed rule

indicated this option would be available

for reporting emissions for the 2005

inventory year, EPA intends to delay

implementation of this option until the

2007 inventory year (due date May 31,

2009) since this rule was not published

before the due date for data from the

2005 inventory year (May 31, 2007).

Although EPA encourages states to

submit model inputs where they have

used a widely available model to

develop emission estimates, states will

not be required to submit input data

when they provide emission estimates.

The EPA notes that emissions data

based upon physical measurements are

generally preferred over estimates

developed using models or emission

factors, but the Agency believes that

models and emission factors are

appropriate emission estimation tools

when addressing the ubiquitous nature

of some sources and attempting to

account for the many variables affecting

certain annual emission estimates. To

improve the application of models and

emission factors, EPA urges states to

develop locally derived input data

based upon physical measurements

wherever possible.

F. Reporting Summer Day Emissions

We proposed to retain the

requirement for reporting of summer

day emissions from all sources (except

biogenic sources) at three-year intervals,

but'to restrict the requirement to only

those states with ozone nonattainment

areas or states covered by the NOx SIP

Call. We proposed to restrict the

requirement to VOC and NOx

emissions, but we invited comment on

whether CO emissions should be

required also.

Several commenters supported EPA's

proposal for reporting of summer day

emissions of NOx and VOC. Two

commenters thought that ozone seasonday NOx, VOC and CO emissions

should be reported for all areas, while

two other commenters questioned the

value of reporting summer day VOC and

NOx emissions. Another commenter

thought that requiring ozone season and

daily emissions for point, nonpoint, and

nonroad sources was redundant since

the temporal parameters needed to

calculate these emissions were required

to be reported.

One commenter thought that summer

day emissions of CO should not be

reported, while two other commenters

believed that reporting CO summer day

emissions was necessary but only for

CO nonattainment areas.

The EPA agrees with the majority of

the commenters that the reporting

requirements for summer day emissions

(VOC and NOx) from all sources (except

biogenic sources) at 3-year intervals

should only include states with ozone

nonattainment areas and states covered

by the NOx SIP Call. However, EPA

believes that it is appropriate to also

include summer day emissions

reporting for sources in attainment

counties that are covered by the

nonattainment area modeling domain

used to demonstrate reasonable further

progress (RFP). The EPA's current

guidance requires RFP calculations to be

done on an "average summer weekday

emissions" basis. If the state takes credit

for reductions from outside the

nonattainment area, the requirement

will be to determine whether there were

reductions in average summer weekday

emissions from those sources: The EPA believes that reporting of CO

summer day emissions is not necessary

since, as noted by. one commenter, other

data elements already reported allow

summer day emissions to be derived

and CO emissions, unlike VOC and NOx

emissions, are not used for tracking

RFP. Therefore, reporting of CO summer

day emissions regardless of ozone

attainment status will not be a

requirement under the AERR.

The proposed rule indicated that "We

are proposing to retain the requirement

for reporting of summer day emissions

* * *." However, the CERR actually

requires reporting of "work weekday

emissions." for point sources and "summer work weekday emissions" for

noupoint and mobile sources. Although

we did not receive comments on the

work weekday versus summer day

emissions issue, we realize that the

preamble language indicated that no

changes would be made to the summer

day emissions definition contained in

the CERR (beyond the proposal to

restrict the requirement to ozone

nonattainment and NOx SIP Call areas),

but the proposed AERR regulatory

language made additional changes to the

definition of "summer day emissions"

since the CERR required "work weekday

emissions" for point sources and "summer work weekday emissions" for

nonpoint, nonroad mobile and onroad

mobile sources. Accordingly, in recognition of the

conflicting language and as indicated in

the preamble to the proposed rule, the

final rule will retain the definition of

and requirement to report "summer day

emissions" for all sources revised only

to the extent that it will restrict the

requirement to ozone nonattainment

areas (including sources in counties that

are covered by the modeling domain

used to demonstrate RFP) and NOx SIP

Call areas. In addition, the definition for

summer day emissions has been revised

to require the use of work weekday

emissions (as required under the CERR)

when estimating summer day emissions

for reporting.

G. Reporting Winter Work Weekday

Emissions

We proposed to delete the existing

requirement that all states report

emissions for a winter work weekday.

This requirement was originally aimed

.at tracking progress towards attainment

of the CO NAAQS. We stated our belief

that applying this requirement to all

states was no longer warranted given

that CO violations are currently

observed in few areas and indicated that

we would work directly with the few

remaining affected states to monitor

efforts to attain the CO NAAQS without

requiring formal submission of CO

inventories.

Most commenters supported EPA's

proposal to delete the reporting

requirement for winter work weekday

emissions of CO. However, one

commenter opposed EPA's proposal to

eliminate the existing reporting

requirement. The commenter thought

that the requirement should be retained

for states that are required to submit

76544 Federal Register/Vol. 73,
Federal Register/Vol. 73, No. 243 /Wednesday, December 17, 2008/Rules and Regulations 76545

emission inventory data as part of their

CO maintenance plans.

The EPA finds the comment that CO

reporting is needed for CO maintenance

plans to be compelling. This need was

not considered in the proposed rule. As

noted by the commenter, CO

maintenance plans require tracking of

emission reductions to ensure

continued maintenance of the CO

NAAQS. Reporting emissions under this

rule will aid in standardizing the data

reported and facilitate review of the data

by interested parties.

A concern not raised by commenters

but brought to EPA's attention since the

proposed rule was published relates to

requests from states to discontinue

monitoring of ambient CO

concentrations in certain areas that have

been redesignated to attainment for CO.

The EPA's approval of such requests is

conditioned on the expectation that

emissions will not increase and areas

will continue to maintain the CO

NAAQS. To provide a means of

ensuring that the CO NAAQS are

maintained in areas that no longer have

ambient CO monitors, emissions

reporting becomes even more critical.

The proposed rule indicated that EPA

could work on a case-by-case basis with

the few remaining CO nonattainmment

areas regarding reporting of winter work

weekday emissions. However, in this

final rule, EPA has determined that for

those areas in which EPA determines

that reporting is still needed, reporting

emissions under this rule will ensure

that CO emissions are reported

periodically and that the data are in a

standardized format that will facilitate

data review and thus help ensure

attainment and maintenance of the CO

NAAQS. Therefore, to monitor progress

toward attaining and maintaining the

CO NAAQS, EPA will retain the

requirement for reporting winter work

weekday emissions of CO, but will limit

it to CO nonattainment areas and areas

with CO maintenance plans.

H. New Data Elements

We proposed to add several required

data elements to the existing rule. These

were contact name, contact phone

number, emission release point type,

control status, emission type, and

method accuracy description (MAD)

codes.

The contact name and phone number

are for the lead contact in the

organization submitting the data and are

needed to ensure that EPA knows who

to contact if issues arise with a data

submission.

The emission release point type is a

code for the physical configuration of

the emission release point (e.g., vertical

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

correctly model how emissions are

released into the atmosphere.

The control status is a code that

represents whether.reported emissions

are controlled or uncontrolled. It is

needed to project future emissions

correctly and to evaluate the impact of

emission control programs correctly. We

also invited comment on whether, with

this addition, the current data elements

that describe emissions control

equipment type and efficiency were

adequate. We indicated our belief that it

is important for states to. report on the

manner in which emissions from

sources are currently controlled so that

opportunities for control strategy and

regulatory development could be

assessed. We questioned whether the

existing data elements were adequate

and appropriate for that purpose. The

existing data elements related to control

measures are primary control efficiency,

secondary control efficiency, control

device type, and rule effectiveness for

point sources; and total capture/control

efficiency, rule effectiveness, and rule

penetration for nonpoint sources and

nonroad mobile sources.5

The emission type is a code

describing the temporal period of

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

etc.). It is needed to ensure that

emissions estimates are used properly.

The MAD codes provide information

about geographic coordinates, including

the collection method, accuracy, and

other descriptors. We proposed to add

MAD codes to this rule because EPA's

Latitude/Longitude Data Standard 6

requires their collection when latitude

and longitude are collected. The MAD

codes are horizontal collection method

code, horizontal accuracy measure,

horizontal reference datum code,

reference point code, source map scale

number, and coordinate data source

code. The EPA believed that many states

would be able to report these codes

based on existing information. However,

in the event that the information needed

to report these codes was not available,

states would not be required to do

additional work since there is a "don't

know" code.

While several commenters supported

EPA's proposal to add new data

elements to this rule, a number of other

5 Additional information on emissions data

elements and the formats and valid codes presently

in use for State reporting to EPA is available on the

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

index.html.

6 Environmental Data Registry: Latitudel

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

2000. http://oaspub.epa.gov/edr/edr-proc

qzy.navigate?P_US7OPTIOICD=-CSDIS&P_

REQA UTH.JDENTIFIER=1 &P DATA-IDENTIFIER

=19939&PVERSION=2.

commenters appeared to be confused by

EPA's proposal since the NEI Input

Format (NIF) included many of the new

data elements, and they were already

reporting the data to EPA. These

commenters believed that adding the

new data elements to this rule was not.

necessary and that the proper place for

such detailed information was in the

NIF data reporting format or in guidance

documents. Two commenters in this

group suggested that a Federal-state task

force be established to review, revise,

finalize, and implement changes in code

details.

The EPA believes that both data

reporting rules and data reporting

formats, such as the NIF, are needed for

effective data reporting. Although this

rule and NIF address many common

data elements for reporting to EPA, their

purposes are somewhat different. Data

reporting rules identify data elements

and timelines for reporting. Data

reporting formats such as the NIF

address the details of how the data are

to be reported to facilitate handling of

the data by EPA.

The EPA does not believe that using

a data formatting protocol such as the

NIF is an effective way to communicate

data needs with state agencies. The EPA

has codified data reporting requirements

since states need to understand what

data will be required and when it will

be required by EPA to implement

programs under the Clean Air Act. The

EPA continues to believe that data

elements for reporting and timelines for

submitting data are fundamental

requirements for states and therefore are

appropriate levels of detail to be

addressed through the rulemaking

process.

One commenter suggested that a

Federal-state task force be established to

review, revise, finalize, and implement

changes in code details. Such a task

force has since been established to help

with developing the new EIS. The EPA

expects the task force to update tools

and guidance materials for data

reporting, as well as periodically review

data elements and reporting codes for

use by state agencies.

Two commenters thought that the

addition of a control status code would

not make the status of a facility any

more clear and believed that the control

status of a facility could be determined.

from other data elements already

required for reporting under the CERR

and proposed under the AERR (e.g.,

control device codes and control

efficiency).

One of the commenters pointed out

that EPA's detailed reporting

instructions provide for the "control

device" data element to specify
76546 Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations

nonphysical equipment control

techniques such as "low solvent

coatings," "water-borne coatings," "process change," and several varieties

of combustion modifications.

The EPA notes that "control status"

was the only new data element in the

proposal that was not already in the NIF

Version 3.0 and thus was perceived as

a new data reporting requirement by

several commenters. This new data

element would require states to indicate

if a source is controlled or uncontrolled.

The EPA agrees with the concerns

expressed by the commenters that this

new data element is not needed. The

data reporting requirements proposed

under this action for control types and

efficiencies in combination with

reporting codes for those data elements

will be sufficient to discern whether or

not sources are uncontrolled or

contfolled and to what extent.

Therefore, EPA has decided to not

include Control Status as a new data

element in this action.

One commenter stated that the

current data fields for point sources do

not ask for the total capture/control

efficiency, which is required for

nonpoint sources. The commenter

thought that the capture efficiency along

with the total capture/control efficiency

should be required for point sources since the current requirements for

primary and secondary control

efficiencies do not provide a way to

determine the overall control efficiency.

The EPA believes that the "total capture

and control efficiency" data element

proposed for point source reporting

addresses the commenter's concern since this data element is intended to

require data reporting on the overall

effects of multiple control systems.

One commenter did not believe that

"Rule Effectiveness" had ever been

explained adequately and stated that it

was not apparent how or if it could be

used without knowledge of how it

relates to the other terms. The EPA

disagrees with the commenter's

concerns. In the spring of 2004, EPA

convened a workgroup consisting of

emission inventory staff from state,

local, and EPA offices to review existing

rule effectiveness (RE) guidance and

develop a consensus recommendation

for improvements to, this guidance. The

revised RE guidance developed by the

workgroup is found in Appendix B of

the document titled Emissions Inventory

Guidance for Implementation of Ozone

and Particulate Matter National

Ambient Air Quality Standards

(NAAQS) and Regional Haze

Regulations-EPA-454/R-05-O01

(August 2005, updated November 2005).

The EPA believes the workgroup

presented a clear rationale regarding

development and implementation of the

new approach to adjusting emission

inventories to address RE, explaining

how RE can be used to adjust the

control efficiency, from what could be

realized under ideal conditions to what

is actually emitted in practice due to

less than ideal conditions. Accordingly,

EPA has expanded the regulatory

definition of RE to explain how it is

used in making these adjustments.

Several commenters were generally

opposed to any additional reporting

requirements for states that would be

passed on to businesses but offered no

specific concerns with the individual

requirements. The reporting

requirements of this rule will apply to

states and not to sources. However, we

recognize that in some cases, states will

need to modify their data reporting rules

to meet the requirements of this rule for

data elements to be reported and the new timelines for reporting. The EPA

notes that the burden estimate from the

proposed rule's Supporting Statement

for the Information Collection Request

(ICR) indicates the AERR will not

increase the reporting burden on states

or impose an additional burden on

sources.

I. Identification of New Emissions

Related Data Requirements

We invited comment on whether or

not additional emissions related data

should be required. Several commenters

encouraged EPA to include specific

requirements in this rule for reporting

hazardous air pollutants (HAPs)

emissions data for Title V facilities. One

commenter encouraged EPA to include

requirements for reporting HAPs from

all emission sources. The EPA is not including

requirements for reporting HAPs in this

rule. However, EPA has developed

national level inventories of HAP

emissions on a 3-year cycle since 1990.

These inventories have provided

support for development of HAP control

programs, helped assess HAP air quality

trends, and provided a means to track

EPA's progress on controlling HAP

emissions under the Government

Performance Results Act. The success of

EPA's efforts rests in large measure on

the cooperation of states in submitting

HAP data to EPA to support the

development of national HAP emission

inventories. Each emission inventory

cycle has benefited from increased state

agency participation in submitting HAP

data. The EPA believes it will be

possible to continue developing and

improving national leYel HAP

inventories using the cooperative

approach employed to date but intends

to closely monitor the participation of

state agencies in this effort. The EPA'

understands the concerns of some state

agencies regarding the need for a HAP

data reporting rule and may, should the

need arise, revisit this issue in the

future.

1. Revisions to Specific Data Elements

The NOx SIP Call rule and the CERR

contain detailed lists of required data

elements in addition to emissions, and

each rule has its own set of definitions.

The two sets of data elements overlap

but are not identical. The NOx SIP Call

rule requires a few more data elements

to be reported and defines some data

elements differently than the CERR. The

EPA reviewed both lists in light of more

recent reporting experiences and EPA's

insight into the difficulty states face in

collecting and submitting these data

elements and their utility to EPA, other

states, and other users. We proposed to

combine the separate lists of required

elements for the NOx SIP Call and the

CERR into a single new list in this rule.

The EPA proposed that the following

data elements from the NOx SIP Call be

eliminated: "Area Designation",

"Federal ID code (plant)", "Federal ID'

code (point)", "Federal ID code

(process)", "Federal ID code (stack

number)", "Maximum design rate",

"Work weekday emissions",

"Secondary control efficiency", "Source

of fuel heat content data", "Source of

activity/throughput data", "Source of

emission factor," and "Source of

emissions data". We proposed that these

relatively minor changes become

applicable starting with the first

required emissions reports following

promulgation of this rule. . There were a number of data elements

required in the proposed amendments

on which we invited comment as to

whether they should be dropped in the

final amendments based upon their

current usefulness and sufficiency.

These were heat content (fuel), ash

content (fuel), sulfur content (fuel) for

fuels other than coal, activity/

throughput, hours per day in operation,

days per week in operation, weeks per

year in operation, and start time in the

day. These data elements were carried

forward from emissions reporting

systems previously used by EPA.

At present, states are required to

report three particular data elements for

point source stacks: stack diameter, exit

gas velocity, and exit gas flow rate. The

requirement to report all three elements

is redundant since any one of these can

*be calculated from the other two. We

invited comment on which of these data

elements, if any, to drop from the

required list. Our preference was to
Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations 76547

collect the data element that was most

closely tied to an actual operating

measurement. Alternatively, we

proposed to allow states to report either

exit gas flow or exit gas velocity, at their

option.

Finally, we proposed to modify 40

CFR part 51.35 to allow states that

obtained one-third of their necessary

emissions estimates from point sources

and/or prepared one-third of their

nonpoint or mobile source emissions

estimates each year on a rolling basis, to

submit their data as a single package on

the required every third year submission

date. The existing requirement allows

states to report these partial emissions

estimates annually as they are

completed. Our proposal required that

states accumulate all 3 years of work

and then make a single data submission

by the due date for the triennial

emission inventory year. The EPA

believes that a single submission would

allow states to correct and/or update

data prior to submitting it to EPA

thereby facilitating a more consistent

data set. A single submission would also

make it more efficient for EPA to quality

assure the complete data set rather than

doing it on a piecemeal basis. There

would also be increased efficiencies in

resolving any identified discrepancies

with the states.

Most commenters agreed with EPA's

proposal to combine the separate lists of

required data elements for the CERR and

the NOx SIP Call into a single new list

of required data elements, thus

eliminating several requirements from

the NOx SIP Call: area designation,

Federal ID code (plant), Federal ID code

(point), Federal ID code (process),

maximum design rate, work weekday

emissions, secondary control efficiency,

source of fuel heat content data, source

"of activity/throughput data, source of

emission factor, and source of emissions

data. Several commenters suggested that

the list of data elements be maintained

in the NIF rather than in this rule to

allow for changes in required data

elements without the need for

rulemaking.

The EPA agrees with the commenters

who expressed support for the proposed

deletion of some data elements related

to the NOx SIP Call. The data elements

for Federal ID Codes (Plant, Point,

Process, and Stack Number) were

assigned to sources subject to the NOx

SIP Call and perform similar ID

functions to the data elements in the

proposed rule for Facility ID code, Unit

ID code, Process ID code, and Stack ID

code. The NOx SIP Call ID codes are

redundant with other ID codes in the

proposed rule and will be deleted.

The source of fuel heat content data,

source of activity/throughput data,

source of emission factor and source of

emissions data are not used by EPA and

no commenters addressed the need for

these data elements specifically.

Therefore, EPA will delete these data

reporting requirements as proposed. The

EPA notes that a code for '.'emission

calculation method code" is planned for

the EIS, which is similar in application

to the "source of emission factor" data

element. The "emission calculation

method code" will allow users to

indicate calculation methods used for

developing emission estimates,

including emission factors, for all

inventory sectors.

Many commenters indicated that the

following data elements proposed for

deletion were used for a variety of

applications and should be retained:

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

sulfur content (fuel) for fuels other than

coal, activity/throughput, hours per day

in operation, days per week in

operation, weeks per year in operation

and start time in the day). One

commenter supported deleting only the

data element for ash content (fuel),

while several commenters thought that

the data element for start time should be

deleted. Only one commenter thought

that all the data elements that had been

carried forward from earlier systems

should be deleted.

The EPA agrees with the majority of

commenters that data elements for heat

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

content (fuel) for fuels other than coal,

activity/throughput, hours per day in

operation, days per week in operation,

weeks per year in operation should be

retained since these elements are used

for a variety of applications. Start time

in the day (hour) was identified by three

commenters as not being useful, and

EPA agrees that this data element

should be deleted.

Several commenters indicated that

any one of the data elements for point

source stacks could be deleted while

others specifically asked for deletion of

the exit gas velocity data element. One

commenter indicated their state

collected stack diameter and exit gas

velocity data and thought that both

should be retained.

Many other commenters requested

that all three data elements be retained

for a variety of reasons including

providing a means to make sure that

data were in agreement and to check

data entry errors. One commenter

indicated that his state would continue

to meet the needs of their end users who

are accustomed to having all three data

elements reported and requested that

EPA handle any data reporting changes

as software modifications until states

could extract only the data that EPA

requests.

One commenter thought that allowing

states the option of selecting which two

stack parameters to report among flow

rate, velocity and diameter would

require having all three available for use

and suggested that no changes be made

to the existing reporting format.

Although the stack diameter can be

calculated by dividing the gas flow rate

by the gas velocity, no commenters

suggested deleting the stack diameter

from the list of data elements. The EPA

believes it is appropriate to report stack

diameter data since it can be readily

determined and has the least amount of

uncertainty of the stack-related data

elements. One commenter who

indicated that all existing stack-related

data elements would need to be

reported if states had the flexibility of

selecting two out of the three for

reporting appeared to interpret EPA's

proposal in the broadest sense. It was

EPA's intent to select stack-related data

elements based upon state preferences

and apply those requirements

universally to all point sources. The EPA believes that given the

variety of practices among state agencies

evidenced in the comments, flexibility

in reporting should be included in this

rule for stack-related data elements.

Therefore, this rule will offer states

three reporting options: (1) Report all

three data elements, (2) report only

stack diameter and exit gas flow rate, or

(3) report only stack diameter and exit

gas velocity.

Section 51.35 of the CERR allows

states the option of obtaining estimates

from point sources and/or preparing

one-third of their nonpoint or mobile

source emissions estimates each year on

a rolling basis and submitting data

annually as they are completed. The

EPA proposed to allow states to

continue the option of obtaining

estimates from point sources and/or

prepare one-third of their nonpoint or

mobile source emissions estimates each

year on a rolling basis, but would have

limited data submissions to a single

package on the required third year

submission date.

One commenter expressed support for

the proposed requirement that states

submit their data as a single package for

triennial inventories since his state

followed this practice. Another

commenter said his state agency had

always developed a single year's

inventory and submitted it as a single

package. This commenter preferred to

continue this practice. One commenter

thought that allowing states to develop

triennial inventories over 3 years was
No. 243 / Wednesday, December 17, 2008 / Rules and Regulations

not practical due to staff turnover and

EPA's changing requirements. The

commenter went on to suggest that a 5-

year rolling basis be used to be

consistent with the cycle his state uses

for smaller sources. Aside from the comment noted above,

this proposal did not generate much

interest. The few comments received

suggest that the existing provision under

Section 51.35 of the CERR, which

allows triennial emission inventory

development over a three-year period, is

impractical and is not utilized by the

states. However, all commenters were

supportive of the change to require one

submission for triennial inventories.

The EPA agrees with the commenters

that the change to require one

submission under section 51.35 is

appropriate and is modifying this

provision as proposed. The EPA notes

that states may use the provisions of 40

CFR 51.35 to equalize workloads but are

not required to do so. The CERR included a data element for

reporting of SIC/NAICS codes for point

sources but did not specify whether the

codes should also be reported at the

emission unit level, in addition to the

facility level. Table 2A to subpart A of

part 51 in the AERR proposal clarified

this requirement by including data

element #41 for reporting of "SIC/

NAICS at the facility and unit levels."

One commenter thought that

reporting these codes at the unit level is

not necessary for emission inventory

purposes. Guidance from the Census

Bureau, which develops the SIC/NAICS

codes, indicates that they are designed

to reflect the primary economic activity

of a source, which also brings into

question the reporting of these codes at

the unit level. Based upon this

information, EPA has reconsidered the

need for reporting these codes at the

unit level and revised data element #41

to require the reporting of "SIC/NAICS

at the facility level." One additional

revision concerns the reporting of SIC

codes as an alternative to NAICS codes.

Since the January 3, 2006, proposal,

users of SIC codes have transitioned to

the new NAICS codes, and EPA finds

that retaining the reference to "SIC" as

a reporting alternative is no longer

necessary. Therefore, data element #41

has been revised to require the reporting

of "NAICS at the facility level" and the

definition for "SIC/NAICS" has beenrevised to address only NAICS codes.

IV. This Action

Today's action further consolidates

the detailed requirements for emissions

reporting by states entirely into 40 CFR

part 51 subpart A. This final rule also

harmonizes the reporting requirements

from several CAA rules and reduces and

simplifies them in several ways. The

major changes included in this final rule

are described below.

A. Consolidation of Reporting

Requirements

The EPA hereby amends subpart A,

which contains 40 CFR 51.1 through

51.45, with conforming amendments to

40 CFR 51.122. These amendments also

add 40 CFR 51.50 and new tables to

subpart A of part 51.

In 40 CFR 51.122, we are abolishing

some requirements entirely and

replacing other requirements with a

cross reference to subpart A, thus

allowing detailed lists of required data

elements to appear only in subpart A.

As amended, 40 CFR 51.122 will

continue to specify what pollutants,

sources, and time periods the states

subject to the NOx SIP Call must report

and when, but will no longer list the

detailed data elements required for

those reports. The amended subpart A

will list the detailed data elements as

well as provide information on

submittal procedures, definitions, and

other generally applicable provisions.

B. Point Source Reporting

In all states, we are expanding the

definition of what sources must be

reported in point source format, so that

fewer sources will be included in

nonpoint source emissions. We are

basing the requirement for point source

format reporting on whether the source

is a major source under 40 CFR part 70

for the pollutants for which reporting is

required, i.e., for CO, VOC, NOx, S02,

PM2.

5, PMo, lead and NH3 but without

regard to emissions of HAPs. Currently,

the requirement for point source

reporting is based on thresholds of

actual emissions during the inventory

year. While it has always been an option

for states to include all such sources,

and we know that some states already

do, expanding the point source

definition may require more sources to

be reported as point sources every third

year. In addition, sore sources now

reported as "Type B" point sources

every third year may be reported as

"Type A" point sources each year.

Affected states will continue to report

their actual emissions, but the new

approach will make it possible to better

track changes in source emissions,

shutdowns, and start-ups over time.

Because states have an existing list of

sources based on 40 CFR part 70

requirements, this approach will result

in a more stable universe of reporting

point sources, which in turn will

facilitate elimination of overlaps and

gaps in estimating point source

emissions, as compared to nonpoint

source emissions. Under this

requirement, states will know well in

advance of the start of the inventory

year which sources will need to be

reported. These new requirements will

be in effect for all reports for emissions

starting with the 2009 inventory year.

C. Report Due Dates

New due dates under the AERR will

begin with the 2009 inventory year. For

the 2008 inventory year, data submittals

under the CERR will continue to be due

within 17 months of the end of the

inventory year (May 31, 2010). The NOx

SIP Call data submittal for the 2008

inventory year will be due within 12

months of the end of the inventory year

(December 31, 2009).

The EPA is harmonizing reporting

dates for the NOx SP Call and the

AERR beginning with the 2009

inventory year. The data submittals for

both will be due by December 31, 2010.

All subsequent data submittals under

the AERR and NOx SIP Call will be due

within 12 months of the end of the

inventory year.

D. Reporting Biogenic Emissions

The requirement for reporting annual

and typical ozone season day biogenic

emissions has been removed.

E. Reporting Emission Model Inputs

States will have the option of

providing emissions model inputs to

EPA in lieu of emissions estimates

developed from those inputs. This

option is available only for source

categories where EPA develops or

adopts suitable emission inventory

estimation models and through

guidance, defines their necessary inputs

prior to the reporting due date. It is

further restricted to emission models

capable of estimating emissions from

source types on a national scale. Under

this option, EPA will run the emissions

model(s) to calculate emissions and will

enter the emissions data into the

appropriate database. The EPA is

making this option available for the

2007 inventory year (due date May 31,

2009).

F. Reporting Summer Day Emissions

States will report summer day

emissions of VOC and NOx from point,

nonpoint and nonroad mobile, and

onroad mobile sources at 3-year

intervals for ozone nonattainment areas

and for sources in attainment counties

that are covered by the nonattainment

area modeling domain used to

demonstrate RFP. States covered by the

NOx SIP Call will report on an annual

basis summer day emissions of NOx

76548 Federal Register /Vol. 73,
No. 243/Wednesday, December 17, 2008/Rules and Regulations 76549

from any point source for which the

state specified control measures in its

SIP, and on a triennial basis summer

day emissions for all point, nonpoint

and nonroad mobile and onroad mobile

sources.

G. Reporting Winter Work Weekday

Emissions

The requirement for states to report

winter work weekday emissions of CO

is limited to areas with CO maintenance

plans and CO nonattainment areas.

H. New Data Elements

New data elements for contact name,

contact phone number, emission type,

emission release point type, and MAD

codes are now required for reporting

point source emissions. New data

elements for contact name and contact

phone number are now required for

reporting nonpoint, nonroad mobile and

onroad mobile source emissions.

L Identification of New Emissions

Related Data Requirements

There are no new emissions related

data requirements other than those

discussed in Section IV.H. above that

will be required for reporting point,

nonpoint, or nonroad and onroad

mobile sources.

. Revisions to Specific Data Elements

States will no longer be required to

report the following data elements listed

under the NOx SIP Call (40 CFR 51.122):

Area Designation, Federal ID Code

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

ID Code (process), Federal ID Code

(stack number), Maximum design rate,

Work weekday emissions, Secondary

control efficiency, Source of fuel heat

content data, Source of activity/

throughput data, Source of emissions

factor and Source of emissions data.

States will report their ID codes for

facility, unit, process and stack. The

EPA will assign EIS Identifier codes to

state data once the data are added to the

NEI.

For point source emissions, states will

no longer be required to report start time

in the .day and will have the option of

reporting one of the following

combinations: (1) Stack height, exit gas

velocity and exit gas flow rate; (2) Stack

height and exit gas velocity; or (3) Stack

height and exit gas flow rate.

K. EPA Initiated Changes

1. Implementation of Data Reporting

Under the AERR

In the preamble to the proposed rule

we said "The EPA intends to issue final

amendments during 2006." We

intended to have the final rule in place

with sufficient lead time for state

agencies to modify their data aollection

rules and data systems as necessary to

meet the new reporting requirements.

Promulgation of this action is expected

to occur during 2008 which was the

initial year of data reporting proposed

under the AERR. The EPA recognizes

that the reduced lead time may present

difficulties for some states to fully

comply with the requirements of this

rule and is delaying full implementation

of the AERR until the 2009 inventory

year. A provision to allow states to

submit emission model inputs in lieu of

emission estimates will be effective

starting with the 2007 inventory year

because it provides additional flexibility

to the states. EPA notes that the 17-

month timeline for submittal of data

under the CERR is unchanged in this

rule for the 2008 inventory year, which

should aid in transitioning to the new

reporting requirements.

2. Early Data Submittal Program

The EPA proposed a 12-month

timeline for reporting 2008 point source

emission inventory data and 17 months

for nonpoint and mobile source

emission inventory data. The EPA

further proposed that this schedule

would be shortened to 6 months for

point sources apd 12 months for

nonpoint and mobile source sectors

starting with the 2011 inventory year.

Commenters believed these proposed

timelines were too ambitious, and this

action delays implementation of the

new reporting timeline until the 2009

inventory year. The existing 17-month

timeline from the CERR for reporting of

all emission inventory sectors will be in

effect through the 2008 inventory year.

The reporting timeline for the 2009

inventory year and subsequent

inventory years will be shortened to 12

months for all emission inventory

sectors.

The EPA believes it may be possible

for some states to achieve data submittal

timelines that are shorter than 17

months for the 2008 inventory year and

is interested in providing a mechanism

for early data submittal from such states.

The EPA is considering development of

a voluntary program that will provide

several alternatives for states. The

details of this program will be

communicated by EPA to states through

discussions with the National

Association of Clean Air Agencies

(NACAA), messages to the CHIEF and

NEI listservs, and postings on the CHIEF

Web site.

3. Data Element for Inventory Type

The data element for Inventory Type

describes the type of data submitted and

its application. The EPA believes this

data element is not necessary and has

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

reporting emissions from point sources;

nonpoint sources and nonroad mobile

sources; and onroad mobile sources.

The EPA is taking this action for the

following reasons: (1) Several of the

emission inventory applications

described by the codes are not expected

to be submitted to EPA under this rule,

(2) data submittals described by this

data element such as "HAP inventory"

are no longer appropriate given the

integrated nature of emission inventory

development, and (3) data submitters

can better describe data being submitted

using a comment field which is

provided in the Transmittal Record

under the NIF and XML schemas for

data formatting.

4. Data Element for "SCC or PCC"

The EPA is modifying data element

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

by eliminating the reference to PCC. The

PCC (Process Classification Code)

reference- was included in the proposed

rule to provide data reporting flexibility

in the event that PCCs were developed

as replacement codes for SCCs. The

reference has been removed from this

final rule because EPA has no plans for

further development of PCCs at this

time.

5. Source Reporting Formats

Section 5"1.20 (What are the emission

thresholds that separate point and

nonpoint sources?) requires that state

inventories include all anthropogenic

stationary sources as either point or

nonpoint sources.7 As proposed, this

section would have specifically required

states under § 51.20(d) to submit

emission data on wildfires and

prescribed fires using the nonpoint

source format. Section 51.20(d) also

required all sources not subject to the

point source reporting thresholds be

submitted using the nonpoint source

reporting format. However, in

consideration of the time and effort

already expended to develop

mechanisms for reporting such

emissions as point sources, we have

revised the language under § 51.20(d) to

remove the requirement for reporting of

wildfires and prescribed fires using the

nonpoint reporting format and further

revised the lunguage to allow states the

flexibility of reporting such emissions as

either point or nonpoint sources, by

providing a mechanism for states to use

the point source reporting format for

7Examples of anthropogenic sources include, but are not limited to, (1) agricultural fires such as burning of orchard and field crops and (2) some emissions from livestock operations and fertilizer

application.

Federal Register / Vol. 73,
76550 Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations

sources that are below the point source

reporting thresholds referenced in

Sections 51.20(c) and (d).8

V. Statutory and Executive Order

Reviews

A. Executive Order 12866: Regulatory

Planning and Review

Under Executive Order (EO) 12866

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

action is a "significant regulatory

action" because it raises novel legal or

policy issues. Accordingly, EPA

submitted this action to the Office of

Management and Budget (OMB) for

review under EO 12866 and any

changes made in response to OMB

recommendations have been

documented in the docket for this

action.

In addition, EPA prepared an analysis

of the potential costs and benefits

associated with this action. This

analysis is contained in "Supporting

Statement, Air Emissions Reporting

Requirements (AERR), EPA ICR

#2170.02." A copy of the analysis is

available in the docket for this action

and the analysis is briefly summarized

here.

This final rule will add new reporting

requirements and-will combine these

new requirements with existing

requirements from the CERR, NOx SIP

Call, and the Acid Rain Program. Each

of these three existing rules has an

approved ICR. The current ICRs are: ICR

No. 0916.10 for the CERR; ICR No. 1857

for the NOx SIP Call; and ICR No.

1633.13 for the Acid Rain Program.

The EPA estimates that this final rule

will reduce the information collection

burden for each of the 104 respondents

(state and local agencies) by about 13

labor hours per year from current levels.

The annual average reporting burden for

this collection (averaged over the first 3

years of this ICR) is estimated to

decrease by a total of 1,373 labor hours

per year with a decrease in costs of

$47,450. From the perspective of the

sources reporting to the states, EPA does

not believe that there will be any change

in reporting burden resulting from

AERR because the same universe of

sources will be required to report to the

states.

B. Paperwork Reduction Act

The information collection

requirements in this rule have been

submitted for approval to the Office of

EPA is developing a Fire Policy with the

Department of Agriculture that will clarify

terminology used in this notice regarding wildland

and agricultural fires. Once that policy is finalized,

EPA intends to update reporting codes to facilitate

State reporting of emissions in accordance with the

final policy.

Management and Budget (OMB) under

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

3501 et seq. The information collection

requirements are not enforceable until

OMB approves them.

the information collection

requirements in this rule are based on

the existing Emission Inventory

Reporting Requirements in 40 CFR part

51, subparts A and G. In general, these

provisions require each state to compile

a statewide inventory of emissions of

certain criteria pollutants at least every

3 years for all point, nonpoint, and

mobile sources. The information

collection requirements for the existing

inventory reporting requirements have

been approved by OMB under control

number 2060-0088.

The information collection

requirements in this final rule are

mandatory for all states and territories

(excluding Tribal governments without

TAS status to implement and enforce

the AERR rule). These requirements are

authorized by section 110(a) of the CAA.

The reported emissions data are used by

EPA to develop and evaluate state,

regional, and national control strategies;

to assess and analyze trends in criteria

pollutant emissions; to identify

emission and control technology

research priorities; and to assess the

impact of new or modified sources

within a geographic area. The emission

inventory data are also used by states to

develop, evaluate, and revise their SIP.

This final rule will add new reporting

requirements and will combine these

new requirements with existing

requirements from the CERR, NOx SIP

Call, and the Acid Rain Program. Each

of these three existing rules has an

approved ICR. The current ICRs are

approved under OMB Control Numbers

2060-0088 (CERR), 2060-0445 (NOx SIP

Call), and 2060-0258 (Acid Rain

Program).I

The EPA estimates that this final rule

will reduce the information collection

burden for each of the 104 respondents

by about 13 labor hours per year from

current levels. The annual average

reporting burden for this collection

(averaged over the first 3 years of this

ICR) is estimated to decrease by a total

of 1,373 labor hours per year with a

decrease in costs of $47,450. From the

perspective of the sources reporting to

the states, EPA does not believe that

there will be any change in reporting

burden resulting from AERR because the

same universe of sources will be

required to report to the states. No

capital/startup costs or operation and

maintenance costs for monitoring

equipment are attributable to the

proposed amendments. The only costs

associated with this final rule are laboir

hours associated with collection,

management, and reporting of data. The

EPA does not consider the data

submitted under this rule to be

confidential, but some states limit

release of this type of data. Any data

submitted under this rule will be

considered in the public domain and

cannot be treated as confidential.

Burden is defined at 5 CFR 1320.3(b).

An agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information,

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA's regulations in 40

CFR part 51 are listed in 40 CFR part 9.

When this ICR is approved by OMB, the

Agency will publish a technical

amendment to 40 CFR part 9 in the

Federal Register to display the OMB

control number for the approved

information collection requirements

contained in this final rule.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to prepare

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements under the

Administrative Procedure Act or any

other statute unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small

organizations, and small governmental

jurisdictions.

For purposes of assessing the impacts

of this rule on small entities, small

entity is defined as: (1) A small business

as defined by the Small Business

Administration regulations at 13 CFR

121.201; (2) a small government

jurisdiction that is a government of a

city, county, town, school district or

special district with a population of less

than 50,000; and (3) a small

organization that is any not-for-profit

enterprise that is independently owned

and operated and that is not dominant

in its field.

After considering the economic

impacts of this final rule on small

entities, I certify that this action will not

have a significant economic impact on

a substantial number of small entities.

This final rule will not impose any

requirements on small entities. This

action primarily impacts state and local

agencies, and will provide these

agencies with additional flexibility in

how they collect and report emissions

data.

D. Unfunded Mandates Reform Act

This rule does not contain a Federal

mandate that may result in expenditures
Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations 76551

of $100 million or more for state, local,

and tribal governments, in the aggregate,

or the private sector in any one year.

EPA has determined that this rule does

not contain a Federal mandate that may

result in expenditures of $100 million or

more for state, local, and tribal

governments, in the aggregate, or the

private sector in any one year. No

significant costs are attributable to this

final rule; in fact, this rule is estimated.

to decrease costs associated with

emissions inventory reporting. Thus,

this rule is not subject to the

requirements of sections 202 or 205 of

UMRA.

This rule is also not subject to the

requirements of section 203 of UMRA

because it contains no regulatory

requirements that might significantly or

uniquely affect small governments. The

rule does not significantly or uniquely

affect small governments because it

contains no requirements that apply to

such governments or impose obligations

upon them.

E. Executive Order 13132: Federalism

Executive Order 13132 entitled

"Federalism' (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure "meaningful and timely input by state

and local officials in the development of

regulatory policies that have federalism

implications." "Policies that have

federalism implications" is defined in

the Executive Order to include

regulations that have "substantial direct

effects on the states, on the relationship

between the national government and

the states, or on the distribution of

power and responsibilities among the

various levels of government."

This final rule does not have

federalism implications. It will not have

substantial direct effects on the states,

on the relationship between the national

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. This rule will

provide states with additional flexibility

in how they collect and report

emissions data. Thus, Executive Order

13132 does not apply to this rule.

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

This action does not have tribal

implications, as specified in Executive

Order 13175 (65 FR 67249, November 9,

2000). It will not have substantial direct

effects on Tribal governments, on the

relationship between the Federal

government and Indian Tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian Tribes, as

specified in Executive Order 13175. The

Tribal Authority Rule means that tribes

cannot be required to report their

emissions to us, unless they have

attained TAS status under the Tribal

Authority Rule and, on that basis, are

authorized to implement and enforce

this rule. Thus, Executive Order 13175

does not apply to this action.

G. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045: "Protection of

Children from Environmental Health

Risks and Safety Risks" (62 FR 19885,

April 23, 1997) applies to any rule that:

(1) is determined to be "economically

significant" as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the-planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

-considered by the Agency.

EPA interprets Executive Order 13045

as applying only to those regulatory

actions that are based on health or safety

risks, such that the analysis required

under section 5-501 of the Order has

the potential to influence the regulation.

This rule is not subject to Executive

Order 13045 because it does not

establish an environmental standard

intended to mitigate health or safety

risks.

H. Executive Order 13211: Actions

'Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use

• This action is not a "sigiificant

energy action" as defined in Executive

Order 13211 (66 FR 28355 (May 22,

2001)), because it is not likely to have

a significant adverse effect on the

supply, distribution, or use of energy.

This rule will consolidate, reduce, and

simplify existing emissions data

reporting requirements; add limited new

requirements; provide additional

flexibility to States in the ways they

collect and report emissions data; and

accelerate the reporting of emissions

data to EPA. Data reporting will be

conducted electronically and is not

likely to have a significant adverse effect

on the supply, distribution, or use of

energy. Further, we have concluded that

this rule is not likely to have any

adverse energy impacts.

L National Technology Transfer

Advancement Act

As noted in the proposed rule,

Section 12(d) of the National

Technology Transfer Advancement Act

of 1995 ("NTTAA") (Public Law No.

104-113, 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

j. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations

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

7629 (Feb. 16, 1994)) establishes federal

executive policy on environmental

justice. Its main provision directs

federal agencies, to the greatest extent

practicable and permitted by law, to

make environmental justice part of their

mission by identifying and addressing,

as appropriate, disproportionately high

and adverse human health or

environmental effects of their programs,

policies, and activities on minority

populations and low-income

populations in the United States.

EPA has determined that this final

rule will not have disproportionately

high and adverse human health or

environmental effects on minority or

low-income populations because it does

not affect the level of protection

provided to human health or the

environment. This rule establishes

information reporting procedures for

emissions of criteria air pollutants from

stationary and mobile source but does

not affect the quantities of the pollutants

emitted.

K. Congressional Review Act

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the
76552 Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing this rule and

other required information to the U.S.

Senate, the U.S. House of

Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. A major rule cannot take effect

until 60 days after it is published in the

Federal Register. This action is not a "major rule" as defined by 5 U.S.C.

804(2). This rule will be effective

December 17, 2008.

List of Subjects in 40 CFR Part 51

.Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Nitrogen oxides, Ozone,

Particulate matter, Regional haze,

Reporting and recordkeeping

requirements. Sulfur dioxide.

Dated: December 4, 2008.

Stephen L. Johnson,

Administrator.

n For'the reasons stated in the preamble,

title 40, chapter I, part 51 of the Code

of Federal Regulations is amended as

follows:

PART 51-[AMENDED]

m 1. The authority citation for part 51

continues to read as follows:

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

7671q.

Subpart A-[Amended]

m 2. Subpart A is revised to read as

follows:

Subpart A-Air Emissions Reporting

Requirements

Sec.

General Information For Inventory

Preparers

51.1 Who is responsible for actions.

described in this subpart?

51.5 What tools are available to help

prepare and report emissions data?

51.10 How does my state report emissions

that are required by the NO× SIP Call?

Specific Reporting Requirements

51.15 What data does my state need to

report to EPA?

51.20 What are the emission thresholds that

separate point and nonpoint sources?

51.25 What geographic area must my state's

inventory cover?

51.30 When does my state report which

emissions data to EPA?

51.35 How can my state equalize the

emission inventory effort from year to

year?

51.40 In what form and format should my

state report the data to EPA?

51.45 Where should my state report the

data?

51.50 What definitions apply to this

subpart?

Appendix A to Subpart A of Part 51-Tables

Appendix B to Subpart A of Part 51-

[Reserved]

Subpart A-Air Emissions R porting

Requirements

General Information for Inventory

Preparers

§ 51.1 Who Is responsible for actions

described In this subpart?

States must inventory emission

sources located on nontribal lands and

report this information to EPA.

§ 51.5 What tools are available to help

prepare and report emissions data?

(a) We urge your state to use

estimatior procedures described in

documents from the Emission Inventory

Improvement Program (SlIP), available

at the following Internet address: http://

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

procedures are standardized and ranked

according to relative uncertainty for

each emission estimating technique.

Using this guidance will enable others

to use your state's data and dvaluate its

quality and consistency with other data. • (b) Where current EIIP guidance

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

approaches or are not applicable to

sources or source categories, states are

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

techniques for estimating emissions.

§51.10 How does my state report

emissions that are required by the NOx SIP

Call?

The District of Columbia and states

that are subject to the NOx SIP Call

§ 51.121) are subject to the emissions

reporting provisions of § 51.122. This

subpart A incorporates the pollutants,

source, time periods, and required data

elements for these reporting

requirements.

Specific Reporting Requirements

§ 51.15 What data does my state need to

report to EPA?

(a) Pollutants. Report actual emissions

of the following (see § 51.50 for precise

definitions as required):

(1) Required pollutants for triennial

reports of annual (12-month) emissions

for all sources and every-year reports of

annual emissions from Type A sources:

(i) Sulfur dioxide (SO2).

(ii) Volatile organic compounds

(VOC).

(iii) Nitrogen oxides (NOx).

(iv) Carbon monoxide (CO).

(v) Lead and lead compounds.

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

report filterable and condensable

components.

(vii) Primary PM1 o. As applicable,

also report filterable and condensable

components.

(viii) Ammonia (NH3 ).

(2) Required pollutants for all reports

of ozone season (5 months) emissions:

NOx.

(3) Required pollutants for triennial

reports of summer day emissions:

(W NOx.

(i) VOC.

(4) Required pollutants for every-year

reports of summer day emissions: NOx.

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

estimates of emissions for additional

pollutants (such as other pollutants

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

or hazardous air pollutants) in its

emission inventory reports.

(b) Sources. Emissions should be

reported from the following sources in

all parts of the state, excluding sources

located on tribal lands:

(1) Point.

(2) Nonpoint.

(3) Onroad mobile.

(4) Nonroad mobile.

(c) Supporting Information. You must

report the data elements in Tables 2a

through 2c in Appendix A of this

subpart. We may ask you for other data

on a voluntary basis to meet special

purposes.

(d) Confidential Data. We do not

consider the data in Tables 2a through

2c in Appendix A of this subpart

confidential, but some states limit

release of this type of data. Any data

that you submit to EPA under this

subpart will be considered in the public

domain and cannot be treated as

confidential. If Federal and state

requirements are inconsistent, consult

your EPA Regional Office for a final

reconciliation.

(e) Option to Submit Inputs to

Emission Inventory Estimation Models

in Lieu of Emission Estimates. For a

given inventory year, EPA may allow

states to submit comprehensive input

values for models capable of estimating

emissions from a certain source type on

a national scale, in lieu of submitting

the emission estimates. otherwise

required by this subpart.

§ 51.20 What are the emission thresholds

that separate point and nonpoint sources?

(a) All anthropogenic stationary

sources must be included in your

inventory as either point or nonpoint

sources.

(b) Sources that meet the definition of

point source in this subpart must be

reported as point sources. All pollutants

specified in § 51.15(a) must be reported
Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations 76553

for point sources, not just the

pollutant(s) that qualify the source as a

point source. The reporting of wildland

and agricultural fires is encouraged but

not required.

(c) If your state has lower emission

reporting thresholds for point sources

than paragraph (b) of this section, then

you may use these in reporting your

emissions to EPA.

(d) All stationary sources that are not

reported as point sources must be

reported as nonpoint sources. Episodic

wind-generated particulate matter (PM)

emissions from sources that are not

major sources may be excluded, for

example dust lifted by high winds from

natural or tilled soil. In addition, if not

reported as point sources, wildland and

agricultural fires must be reported as

nonpoint sources. Emissions of

nonpoint sources may be aggregated to

the county level, but must be separated

and identified by source classification

code (SCC). Nonpoint source categories

or emission events reasonably estimated

by the state to represent a de minimis

percentage of total county and state

emissions of a given pollutant may be

omitted.

§ 51.25 What geographic area must my

state's Inventory cover?

Because of the regional nature of these

pollutants, your state's inventory must

be statewide, regardless of any area's

attainment status.

§ 51.30 When does my state report which

emissions data to EPA?

All states are required to report two

basic types of emission inventories to

EPA: Every-year Cycle Inventory; and

Three-year Cycle Inventory. The sources

and pollutants to be reported vary

among states.

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

2b, and 2c of Appendix A of this

subpart for the specific data elements to

report every year.

(1) All states are required to report

every year the annual (12-month)

emissions of all pollutants listed in

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

sources, as defined in Table 1 of

Appendix A of this subpart. The first

every-year cycle inventory will be for

the 2009 inventory year and must be

submitted to EPA within 12 months,

i.e., by December 31, 2010.

(2) States subject to the emission

reporting requirements of § 51.122 (the

NOx SIP Call) are required to report

every year the ozone season emissions

of NOx and summer day emissions of,

NOx from any point, nonpoint, onroad

mobile, or nonroad mobile source for

which the state specified control

measures in its SIP submission under

§ 51.121(g). This requirement begins

with the inventory year prior to the year

in which compliance with the NOx SIP

Call requirements is first required.

(3) In inventory years that fall under

the 3-year cycle requirements, the

reporting required by the 3-year cycle

satisfies the every-year reporting

requirements of paragraph (a).

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

and 2c to Appendix A of subpart A for

the specific data elements that must be

reported triennially.

(1) All states are required to report for

every third inventory year the annual

(12-month) emissions of all pollutants

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

sources, nonpoint sources, onroad

mobile sources, and nonroad mobile

sources. The first 3-year cycle inventory

will be for the 2011 inventory and must

be submitted to us within 12 months,

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

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

inventories will be due 12 months after

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

December 31 of the following year.

(2) States subject to § 51.122 must

report ozone season emffissions and

summer day emissions of NOx from all

point sources, nqnpoint sources, onroad

mobile sources, and nonroad mobile

sources. The first 3-year cycle inventory

will be for the 2008 inventory year and

must be submitted to EPA within 12

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

Subsequent 3-year cycle inventories will

be due as specified under paragraph

(b)(1) of this section.

(3) Any state with an area for which

EPA has made an 8-hour ozone

nonattainment designation finding

(regardless of whether that finding has

reached its effective date) must report

summer day emissions of VOC and NOx

from all point sources, nonpoint

sources, onroad mobile sources, and

nonroad mobile sources. Summer day

emissions of NOx and VOC for sources in attainment counties that are covered

by the nonattainment area modeling

domain used to demonstrate reasonable

further progress (RFP) must be included.

The first 3-year cycle inventory will be

for the 2011 inventory year and must be

submitted to EPA within 12 months,

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

three-year cycle inventories will be due

as specified under paragraph (b)(1) of

this section.

(4) States with CO nonattainment

areas and states with CO attainment

areas subject to maintenance plans must

report winter work weekday emissions

of CO with their 3-year cycle

inventories.

§ 51.35 How can my state equalize the

emission Inventory effort from year to year?

(a) Compiling a 3-year cycle inventory

means more effort every 3 years. As an

option, your state m~y ease this

workload 'spike by using the following

approach:

(1) Each year, collect and report data

for all Type A (large) point sources (this

is required for all Type A point sources).

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

A point sources. Collect data for a

different third of these sources each year

so that data has been collected for all of

the sources that are not Type A point

sources by the end of each 3-year cycle.

You must save 3 years of data and then

report all emissions from the sources

that are not Type A point sources on the

3-year cycle due date

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

and onroad mobile sources. You must

save 3 years of data for each such source

and then report all of these data on the

3-year cycle due date.

(b) For the sources described in

paragraph (a) of this section, your state

will have data from 3 successive years

at any given time, rather than from the

single year in which it is compiled.

(c)*If your state chooses the method of

inventorying one-third of your sources

that are not Type A point sources and

3-year cycle nonpoint, nonroad mobile,

and onroad mobile sources each year,

your state must compile each year of the

3-year period identically. For example,

if a process has not changed for a source

category or individual plant, your state

must use the same emission factors to

calculate emissions for each year of the

3-year period. If your state has revised

.emission factors during the 3 years for

a process that has not changed, you

must resubmit previous years' data

using the revised factor. If your state

uses models to estimate emissions, you

must make sure that the model is the

same for all 3 years.

(d) If your state needs a new reference

year emission inventory for a selected

pollutant, your state cannot use these

optional reporting frequencies for the

new reference year.

(e) If your state is a NOx SIP Call

state, you cannot use these.optional

reporting frequencies for NOx SIP Call

reporting.

§51:40 In what form and format should my

state report the data to EPA?

(a) You must report your emission

inventory data to us in electronic form.

(b) We support specific electronic

data reporting formats, and you are

required to report your data in a format

consistent with these. The term format
76554 Federal Register/Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations

encompasses the definition of one or

more specific data fields for each of the

data elements listed in Tables 2a, 2b,

and 2c in Appendix A of this subpart;

allowed code values for categorical data

fields; transmittal information; and data

table relational structure. Because

electronic reporting technology changes

continually, contact the EPA Emission

Inventory and Analysis Group (EIAG)

for the latest specific formats. You can

find information on the current formats

at the following Internet address: http:!!

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

You may also call the air emissions

contact in your EPA Regional Office or

our Info CHIEF help desk at (919) 541-

1000 or send e-mail to

info.chiefiepa.gov.

§ 51.45 Where should my state report the

data?

(a) Your state submits or reports data

by providing it directly to EPA.

(b) The latest information on data

reporting procedures is available at the

following Internet address: http://

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

call our Info CHIEF help desk at (919)

541-1000 or e-mail to

info.chief@epa.gov.

§51.50 What definitions apply to this

subpart?

Activity throughput means a

measurable factor or parameter that

relates directly or indirectly to the

emissions of an air pollution source

during the period for which emissions

are reported. Depending on the type of

source category, activity information

may refer to the amount of fuel

combusted, raw material processed,

product manufactured, or material

handled or processed. It may also refer

to population, employment, or number

of units. Activity throughput is typically

the value that is multiplied against an

emission factor to generate an emissions

estimate.

Annual emissions means actual

emissions for a plant, point, or process

that are measured or calculated to

represent a calendar year.

Ash content means inert residual

portion of a fuel.

Contact name means the complete

name of the lead contact person for the

organization transmitting the data set,

including first name, middle name or

initial, and surname.

Contact phone number means the

phone number for the contact name.

Control device type means the name

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

scrubber, flaring, or process change).

Day/wk in operations means days per

week that the emitting process operates,

averaged over the inventory period.

Design capacity means a measure of

the size of a point source, based on the

reported maximum continuous

throughput or output capacity of the

unit. For a boiler, design capacity is

based on the reported maximum

continuous steam flow, usually in units

of million BTU per hour.

Emission factor means the ratio

relating emissions of a specific pollutant

to an activity or material throughput

level.

Emission release point type means the

code for physical configuration of the

release point.

Emission type means the code

describing temporal designation of

emissions reported, i.e., Entire Period,

Average Weekday, etc. I

Exit gas flow rate means the numeric

value of the flow rate of a stack gas.

Exit gas temperature means the

numeric value of the temperature of an

exit gas stream.

Exit gas velocity means the numeric

value of the velocity of an exit gas

stream.

Facility ID codes means the unique

codes for a plant or facility treated as a

point source, containing one or more

pollutant-emitting units. The EPA's

reporting format for a given inventory

year may require several facility ID

codes to ensure proper matching

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

current and most recent facility ID

codes, the EPA-assigned facility ID

codes, and the ORIS (Department of

Energy) ID code if applicable.

Fall throughput (percent) means the

part of the throughput or activity

attributable to the three fall months

(September, October, November). This

expresses part of the annual activity

information based on four seasonstypically spring, summer, fall, and

winter. It is a percentage of the annual

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

each year, 150 units are produced in the

fall which is 25 percent of the annual

activity).

FIPS Code. Federal Information

Placement System (FIPS) means the

system of unique numeric codes the

government developed to identify states,

counties and parishes for the entire

United States, Puerto Rico, and Guam.

Heat content means the amount of

thermal heat energy in a solid, liquid, or

gaseous fuel, averaged over the period

for which emissions are reported. Fuel

heat content is typically expressed in

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

-joules/kg of fuel, etc.

Hr/day in operations means the hours

per day that* the emitting process

operates averaged over the inventory

period.

Inventory end date means the last day

of the inventory period.

Inventory start date means the first

day of the inventory period.

In ven tory year means the year for

which emissions estimates are

calculated.

Lead (Pb) means lead as defined in 40

CFR 50.12. Lead should be reported as

elemental lead and its compounds.

NAICS means North American

Industry Classification System code.

The NAICS codes are U.S. Department

of Commerce's codes for businesses by

products or services and have replaced

Standard Industrial Classification codes.

Maximum nameplate capacity means

a measure of the size of a generator

which is put on the unit's nameplate by

the manufacturer. The data element is

reported in megawatts or kilowatts.

Method accuracy description (MAD)

codes means a set of six codes used to

define the accuracy of latitude/

longitude data for point sources. The six

codes and their definitions are: (1) Coordinate Dpta Source Code: The

code that represents the party

responsible for providing the latitude/

longitude.

(2) Horizontal Collection Method

Code: Method used to determine the

latitude/longitude coordinates for a

point on the earth.

(3) Horizontal Accuracy Measure: The

measure of accuracy (in meters) of the

latitude/longitude coordinates.

(4) Horizontal Reference Datuln Code:

Code that represents the reference

datum used to determine the latitude/

longitude coordinates.

(5) Reference Point Code: The code

that represents the place for which

geographic coordinates were

established. Code value should be 106

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

(6) Source Map Scale Number: The

number that represents the proportional

distance on the ground for cne unit of

measure on the map or photo:

Mobile source means a motor vehicle,

nonroad engine or nonroad vehicle,

where:

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

or property on a street or highway;

(2 A nonroad engine is an internal

combustion engine (including fuel

system) that is not used in a motor

vehicle or a vehicle used solely for

competition, or that is not affected by

sections 111 or 202 of the CAA; and

(3) A nonroad vehicle is a vehicle that

is run by a nonroad engine and that is

not a motor vehicle or a vehicle used

solely for competition.

Nitrogen oxides (NOx) means nitrogen

oxides (NOx) as defined in 40 CFR 60.2

as all oxides of nitrogen except N 20.

76554 Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations
Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations 76555

Nitrogen oxides should be reported on

an equivalent molecular weight basis as

nitrogen dioxide (NO2).

Nonpoint sources. Nonpoint sources

collectively represent individual

sources that have not been inventoried

as specific point or mobile sources.

These individual sources treated

collectively as nonpoint sources are

typically too small, numerous, or

difficult to inventory using the methods

for the other classes of sources.

Ozone season means the period from

May 1 through September 30 of a year.

Particulate Matter (PM). Particulate

matter is a criteria air pollutant. For the

purpose of this subpart, the following

definitions apply:

(1) Filterable PM2.5 or Filterable PMlo:

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

PM 2.

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 PM 2.5 size'

fraction, and therefore all of it is a

component of both primary PM 2.5 and

primary PM10 .

(3) Primary PM2 5: The sum of

filterable PM2.5 and condensable PM.

(4) Primary PMo: The sum of

filterable PMo and condensable PM.

(5) Secondary PM: Particles that form

or grow in mass through chemical

reactions in the ambient air well after

dilution and condensation have

occurred. Secondary PM is usually

formed at some distance downwind

from the source. Secondary PM should

not be reported in the emission

inventory and is not covered by this

subpart.

Physical address means the street

address of a facility. This is the address

of the location where the emissions

occur; not, for example, the corporate

headquarters.

Point source means large, stationary

(nonmobile), identifiable sources of

emissions that release pollutants into

the atmosphere. A point source is a

facility that is a major source under 40

CFR part 70 for the pollutants for which

reporting is required, except for the

emissions of hazardous air pollutants,

which are not considered in

determining whether a source is i point

source under this subpart. The

minimum point source reporting

thresholds in tons per year of pollutant

are as follows, as measured in potential

to emit:

Pollutant Annual cycle Three-year cycle

(Type A sources) Type B sources 1 NAA sources 2

(1) sox .......................................................................................... 2500 100 100.

(2) VO C ........................................................................................... 250 100 0 3 (m oderate) - 100.

(3) VO C .......................................................................................... ................................ ................. .......... 0 3 (serious) 50.

(4) VO C ............................................................................ : ............. ................................ ................................ 0 3 (severe) 25.

(5) VOC .......................................................................................... ................................ .............................. :.. 0 3 (extrem e) > 10.

(6) NO x .......................................................................................... > 2500 :100 t 100.

(7) CO ................................. .......................................................... 2! 2500 >1000 0 3 (all areas) _ 100.

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

(9) Pb ............................................................................................. ................................ > 5 _> 5.

(10) PM1 o ...................................... .. ...... ....... ...... ..... ...... ..... ...... ...... ! 250 > 100 PM 0 (m oderate) _> 100.

(11) PM1 o ....................................................................................... ................................. ................................ PMo (serious) > 70.

(12) PM 2.

5 ...................................... .. .. .... ....... ...... ...... ..... ...... ..... ...... ! 250 > 100 _> 100.

(13) NH 3 ......................................................................................... 250 > 100 100.

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

2 NAA = Nonattainment Area. Special point source reporting thresholds apply for certain pollutants by type of nonattainment area. The pollutants by nonattainment area are: Ozone: VOC, NOx, CO; CO: CO; PMo: PM1o.

Pollutant code means a unique code

for each reported pollutant assigned by

the reporting format specified by EPA

for each inventory year.

Primary capture and control

efficiencies means two values indicating

the emissions capture efficiency and the

emission reduction efficiency of a

primary control device. Capture and

control efficiencies are usually

expressed as a percentage.

Process ID code means a unique code

for the process generating the emissions,

typically a description of a process.

Roadway class means a classification

system developed by the Federal

Highway Administration that defines all

public roadways as to type based on

land use and physical characteristics of

the roadway.

Rule effectiveness (RE) means a rating

of how well a regulatory program

achieves all possible emissions

reductions. This rating reflects the

assumption that controls typically are

not 100 percent effective because of

equipment downtime, upsets, decreases

in control efficiencies, and other

'deficiencies in emission estimates. Rule

effectiveness adjusts the control

efficiency from what could be realized

under ideal conditions to what is

actually emitted in practice due to less

than ideal conditions.

Rule penetration means the

percentage of a nonpoint source

category covered by an applicable

regulation.

SCC means source classification code,

a process-level code that describes the

equipment and/or operation which is

emitting pollutants.

Site name means the name of the

facility.

Spring throughput (percent) means

part of the throughput or activity

attributable to the three Spring months

(March, April, May). See also the.

definition of Fall throughput.

Stack diameter means the inner

physical diameter of a stack.

Stack height means physical height of

a stack above the surrounding terrain.

Stack ID code means a unique code

for the point where emissions from one

or more processes release into the

atmosphere.

Sulfur content means the sulfur

content of a fuel, usually expressed as

percent by weight.

Summer day emissions means an

average day's emissions for a typical

summer work weekday. The state will

select the particular month(s) in

summer and the day(s) in the work

week to be represented. The selection of

conditions should be coordinated with

the conditions assumed in the

development of reasonable further
76556 Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Rules and Regulations

progress (RFP) plans, rate of progress

plans and demonstrations, and/or

emissions budgets for transportation

conformity, to allow comparability of

daily emission estimates.

Summer throughput (percent) means

the part of throughput or activity

attributable to the three Summer months

(June, July, August). See also the

definition of Fall throughput.

Total capture and control efficiency

(percent) means the net emission

reduction efficiency of all emissions

collection devices.

Type A source means large point

sources with actual annual emissions

greater than or equal to any of the

emission thresholds listed in Table 1 of

Appendix A of this subpart for Type A

sources. If a source is a Type A source

for any pollutant listed in Table 1, then

the emissions for all Table 1 pollutants

must be reported for that source. Unit ID code means a unique code for

the unit of generation of emissions,

typically a physical piece of or a closely

related set of equipment. The EPA's

reporting format for a given inventory

year may require multiple unit ID codes

to ensure proper matching between

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

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

ORIS (Department of Energy) ID code if

applicable.

VMT by SCC means vehicle miles

traveled disaggregated to the SCC level,

i.e., reflecting combinations of vehicle

type and roadway class. Vehicle miles

traveled expresses vehicle activity and

is used with emission factors. The

emission factors are usually expressed

in terms of grams per mile of travel.

Because VMT does not correlate directly

to emissions that occur while the

vehicle is not moving, nonmoving

emissions are incorporated into the

emission factors in EPA's MOBILE

Model.

VOC means volatile organic.

compounds. The EPA's regulatory

definition of VOC is in 40 CFR 51.100.

Winter throughput (percent) means

the part of throughput or activity

attributable to the three winter months

(January, February, December of the

same year, e.g., winter 2005 is

composed of January 2005, February

2005, and December 2005). See also the

definition of Fall throughput.

Wk/yr in operation means weeks per

year that the emitting process operates.

Work weekday means any day of the

week except Saturday or Sunday.

X stack coordinate (longitude) means

an object's east-west geographical

coordinate.

Y stack coordinate (latitude) means

an object's north-south geographical

coordinate.

Appendix A to Subpart A of Part 51-

Tables

TABLE 1'TO APPENDIX A OF SUBPART A-EMISSION THRESHOLDS BY POLLUTANT (TPY 1) FOR TREATMENT OF POINT

SOURCES AS TYPE A UNDER 40 CFR 51.30.

Pollutant Emissions threshold for

Type A treatment

(1)S 2 .................................................................................................. ......................................................... _2500.

(2) VO C .................................................................................................. .......................................................... >250.

(3) NOx ...............................................................................................................2500.

(4) CO ................................................................................................................>2500.

(5) Pb ................................................................................................................Does not determ ine Type A status.

(6) PM10 ..............................................................................................................._250.

(7) PM2.. ...............................................................................................................a250.

(8) NH3 

2 ...............................................................................................................

( 250.

1 tpy = Tons per year of actual emissions.

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

where ammonia is considered a significant precursor of PM 2.

5.

TABLE 2a TO APPENDIX A OF SUBPART A-DATA ELEMENTS FOR REPORTING ON EMISSIONS

WHERE REQUIRED BY 40 CFR 51.30 FROM POINT SOURCES,

Data elements Every-year Three-year reporting reporting

(1) Inventory year .................................................................................................................................................... / /

(2) Inventory start date ............................................................................................................................................ / /

(3) Inventory end date ............................................................................................................................................. / /

(4) Contact nam e ...................................................................................................................................................... / /

(5) Contact phone num ber ...................................................................................................................................... / /

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

/ /

(7) Facility ID codes ................................................................................................................................................. / /

(8) Unit ID code ....................................................................................................................................................... / /

(9) Process ID code ................................................................................................................................................ / /

(10) Stack ID code ................................................................................................................................................... / /

(11) Site nam e ......................................................................................................................................................... / /

(12) Physical address .............................................................................................................................................. /

(13) SCC .................................................................................................................................................................. / /

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

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

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

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

(18) Pollutant code ............................................................. : .................................................................................... / /

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

(20) Sum m er day em issions (if applicable) ............................................................................................................. .. / /

(21) O zone season em issions (if applicable) .......................................................................................................... . / /

(22) Annual em issions ............................................................................................................................................. / /

(23) Em ission factor ................................................................................................................................................ / /
Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations 76557

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

WHERE REQUIRED BY 40 CFR 51.30-Continued

Data elements Every-year Three-year reporting reporting

(24) W inter throughput (percent) ..................................................................................

/

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

/ /

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

. ................... / /

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

... ........... .. / /

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

.. .. ........... ...... ...... (29) Day/w k in operation .......................................................................................

.......... ........ .. /

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

.. /

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

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

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

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

......... . ....... . ............ (35) Stack diam eter ..........................................................................................

... .... ........ ......... (36) E xit gas tem perature ...... * ....................................................................................

........................ (37) E xit gas velocity .........................................................................................

........................ /

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

................... (39) NAICS at the Facility level ................................................................ ....... ...................................... (40) Design capacity (including boiler capacity if applicable) .................................................... /

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

(42) Primary capture and control efficiencies (percent) "........ ....... .................... ................. /

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

/

(44) Control device type ....................................................................... ......... (45) Emission type ................................................. *............... ............. /

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

(47) Rule effectiveness (percent) ...................... ..... ............ ......................................... /

(48) W inter work weekday em issions of CO (if applicable) .................................................................

........................ . /

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

AND NONROAD MOBILE SOURCES, WHERE REQUIRED BY 40 CFR 51.30

Data elements Every-year Three-year reporting reporting

(1) Inve nto ry yea r ..... : .........................................................................................

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

/

(3) Inventory end date ....................................................................................... / /

(4) Contact nam e ........................................................... ... ... ........................... ....... ...... V

(5) C ontact phone num ber ......................................................................................

/

(6 ) F IP S code ..............................................................................................

(7) SCC ......................... ....... ................................................ (8) Emission factor .............. ........................ ... ...................... (9) Activity/throughput level (for each period reported) ................................................. ; ......................................... .. / /

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

. / /

(11 ) R ule effectiveness (percent) .................................................................................

/ /

(12) R ule penetration (percent) ...................................................................................

/ /

(13) P ollutant code ..........................................................................................

/

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

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

(16) A nnual em issions ........................................................................................

/ /

(17) W inter throughput (percent) ..................................................................................

/ /

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

/ /

(19) Sum m er throughput (percent) .................................................................................

/ /

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

/ /

(2 1) H rs/day in operation .......................................................................................

/

(22) D ays/w k in operation ......................................................................................

/

(23) W ks/yr in operation .......................................................................................

/ /

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

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

SOURCES, WHERE REQUIRED BY 40 CFR 51.30

Data elements Every-year Three-year reporting reporting

1. Inventory year ................................. .. ........ . ....................... / /

2. Inventory start date ...................... :......................./ , 3. Inventory end date .........................................................................................

/ /

4 .C ontact nam e ............................................................................................

/ /

5. C ontact phone num ber ......................................................................................

/ /
76558 Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations

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

SOURCES, WHERE REQUIRED BY 40 CFR 51.30-Continued

Data elements Every-year Three-year reporting reporting

6 . F IP S code ............................................................................................................................................................ / /

7 . S C C ..................................................................................................................................................................... / /

8 . E m ission factor .................................................................................................................................................... / /

9. A ctivity (V M T by S C C ) ....................................................................................................................................... / /

10 . P ollutant code .................................................................................................................................................... / /

11. Ozone season emissions- (if applicable) ........................................................................................................... . ./ /

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

13. A nnual em issions ............................................................................................................................... .............. /

14. Winter throughput (percent) .............................................................................................................................. / /

15. Spring throughput (percent) .............................................................................................................................. / /

16. Summer throughput (percent) ........................................................................................................................... / /

17. Fall throughput (percent) .................................................................................................................................... /

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

Subpart G-[Amended]

E 3. Section 51.122 is revised to read as

follows:

§51.122 Emissions reporting

requirements for SIP revisions relating to

budgets for NO, emissions.

(a) As used in this section, words and

terms shall have the meanings set forth

in § 51.50.

(b) For its transport SIP revision

under § 51.121, each state must submit

to EPA NOx emissions data as described

in this section.

(c) Each revision must provide for

periodic reporting by the state of NOx

emissions data to demonstrate whether

the state's emissions are consistent with

the projections contained in its

approved SIP submission.

(1) For the every-year reporting cycle,

each revision must provide for reporting

of NOx emissions data every year as

follows:

(i) The state must report to EPA

emissions data from all NOx sources

within the state for which the state

specified control measures in its SIP

submission under § 51.121(g), including

all sources for which the state has

adopted measures that differ from the

measures incorporated into the baseline

inventory for the year 2007 that the state

developed in accordance with

§ 51.121(g).

(ii) If sources report NOx emissions

data to EPA for a given year pursuant to

a trading program approved under

§ 51.121(p) or pursuant to the

monitoring and reporting requirements

of 40 CFR part 75, then the state need

not provide an every-year cycle report to

EPA for such sources.

(2) For the three-year cycle reporting,

each plan must provide for triennial

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

emissions data from all sources within

the state.

(3) The data availability requirements

in § 51.116 must be followed for all data

submitted to meet the requirements of

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

(d) The data reported in paragraph (b)

of this section must meet the

requirements of subpart A of this part.

(e) Approval of ozone season

calculation by EPA. Each state must

submit for EPA approval an example of

the calculation procedure used to

calculate ozone season emissions along

with sufficient information to verify the

calculated value of ozone season

emissions.

(f) Reporting schedules.

(1) Data collection is to begin during

the ozone season 1 year prior to the

state's NOx SIP Call compliance date.

(2) Reports are to be submitted

according to paragraph (b) of this

section.

(3) Through 2011, reports are to be

submitted according to the schedule in

Table 1 of this paragraph. After 2011,

triennial reports are to be submitted

every third year and annual reports are

to be submitted each year that a

triennial report is not required.

TABLE 1-SCHEDULE FOR SUBMITTING

REPORTS

Type of Data collection year report required

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

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

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

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

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

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

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

(4) States must submit data for a

required year within the time specified

after the end of the inventory year for

which the data are collected. The first

inventory (the 2009 inventory year) and

all subsequent years will be due 12

months following the end of the

inventory year, i.e., the 2009 inventory

must be reported to EPA by December

31, 2010.

(g) Data reporting procedures are

given in subpart A. When submitting a

formal NOx Budget Emissions Report

and associated data, states shall notify

the appropriate EPA Regional Office.

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

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0609; FRL-8749-1]

Approval and Promulgation of Air

Quality Implementation Plans;

Wisconsin; New Source Review

Reform "Linkage" Rule, Rule AM-32-

04b

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving as a

revision to the Wisconsin State

Implementation Plan (SIP) changes to

the minor New Source Review (NSR)

construction permit program and

permits fees schedule, through rule

AM-32-04b. The purpose of rule AM32-04b is to update Wisconsin's minor

NSR construction permit program to

include changes to implement some of

the new elements of the Federal NSR

Reform Rule for sources that meet

certain provisions within the new major

NSR permitting requirements. Rule

AM-32-04b has been created to

accompany Wisconsin's NSR Reform

rules and is necessary to effectively

implement them. Elsewhere in this

Federal Register, EPA is approving

Wisconsin's NSR Reform rules. The