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Citation: 73 Fed. Reg. 76539 2008

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-- The search text of this PDF is generated from uncorrected OCR text.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 onMarine Band Radio, VHFFM channel 16 (156.8 MHz). Upon being hailedby a U.S. Coast Guard vessel, or other Federal, State, or local
agency vessel, by siren, radio, flashing light, or other means, the operator ofa vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions ofthe Captain ofthe Port Baltimore or his designated representative and proceed atthe 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 ofthe zone by Federal, State, and local agencies.

(d)Enforcementperiod.This section will be enforced from 4 a.m. onJanuary 14, 2009, through 10 p.m. onJanuary 25, 2009.

Dated: December 5,2008. Austin J.Gould, Commander,U.S.CoastGuard,Captainof thePort, 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 inthe ways they collect and report emissions data; and accelerates the reporting ofemissions data to EPA by state and local agencies. DATES: This final rule is effective on December 17, 2008. ADDRESSES: EPA has established a docket forthis action under Docket ID No. EPA-HQ-OAR-2004-0489. All documents in the docket are listed on thewww.regulations.govindex. 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 inhard copy form. Publicly available docketmaterials are available either electronically through www.regulations.govor inhard copy at the AirEmissions 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 numberfor the Public Reading Room is (202) 566-1744, andthe telephone number forthe Air Docket is (202) 566- 1742. FOR FURTHER INFORMATION CONTACT: For general questions, please contact Dennis Beauregard, U.S. EPA, Office ofAir 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 ofGeneral 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 ofContents I.General Information

A.Does this action applyto me? B.Where can Iget acopy ofthis document

and otherrelated information? C.Public Comments on Proposed Rule D. Judicial Review II. Background and Purpose ofThis 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 ofNew Emissions Related

Data Requirements J. Revisions to Specific Data Elements IV. This Action

A. Consolidation ofReporting

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 ofNew Emissions Related Data Requirements J. Revisions to Specific DataElements 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

ChildrenFrom Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions That

Significantly Affect Energy Supply, Distribution, orUse I. National Technology Transfer

Advancement Act J. Executive Order 12898: Federal Actions

to AddressEnvironmental Justice in MinorityPopulations and Low-Income Populations K. Congressional Review Act

I. General Information

A. Doesthisactionapply tome?

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.

aNorth 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, butrather provides aguide forreaders regarding entities likely to be regulatedby 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 beregulated by this action, you should examine the applicability criteria in 40 CFR 51.1 ofthis rule. If you have any questions regarding the applicability ofthis action to a particular entity, consult the person listed inthe preceding FOR FURTHER INFORMATION CONTACT section.

B. Where canI geta copyofthis documentandotherrelated information?

In addition to being available in the docket, an electronic copy ofthis final action will also be available onthe worldwide Web (WWW) through the Technology Transfer Network (TTN). Following the Administrator's signature,

acopy of the final amendments willbe placed on the TTN's'Clearing House for Inventories and Emission Factors (CHIEF) Web site at http://www.epa.govl ttn/chief.

C.PublicCommentsonProposed 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 ofstate 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 inthe document titled "Response to Comments," which is available from the docket.

1As prescribedby the Tribal AuthorityRule (63 FR 7253, Feb. 12, 1998), codified at40 CFR part49, 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 statusare subject to the AERR to the
extent allowed in theirTIP. 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) ofthe Clean Air Act (CAA), judicial review ofthis final rule is available onlybyfiling a petition for review inthe United States Court ofAppeals 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 duringjudicial review. Under section 307(b)(2) of the CAA, the requirements that are the subject ofthis final rulemay notbe challenged later in civil or criminal proceedings brought by EPA to enforce these requirements.

Section 307(d)(7)(B) ofthe CAA further provides a mechanism for usto

convene a proceeding for reconsideration, "[flf the person raising

an .objectioncan demonstrate to the Administrator that it was impracticable
to raise such objection within [the period forpublic conment] or ifthe grounds for such objection arose after the period for public comment (but within the time specified farjudicial review) and ifsuch objection is of central relevance to the outcome ofthe rule." Any person seeking to make such

a demonstration to us should submit a Petition for Reconsideration to the Office ofthe Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the persons listed inthe preceding FOR FURTHER INFORMATION CONTACT section, andthe Associate General Counsel for the Air and Radiation Law Office, Office ofGeneral Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

II.Background and Purpose ofThis Rulemaking

Intoday's action, EPA is amending the emission inventory reporting requirements in 40 CFRpart 51, subpart A, andin 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 orappropriate; allows states to bettertrack changes in source emissions, shutdowns, and startups over timeby using the 40 CFR.70 definition ofmajor source forpoint source reporting; deletes arequirement for
states to report biogenic emissions; and offers states the option ofreporting 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 ofAppeals for the District Court ofColumbia Circuit vacated CAIR inits 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 inthe future, EPA will initiate anew rulemaking, as necessary, to address emission reporting requirements for that rule.

Because we are consolidating, harmonizing and updating two preexisting sets ofstate emissions reporting requirements, we are reviewing the purpose, authority, and history of emissions reporting requirements in general.

Emission inventories are critical for the efforts ofstate, 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 inthe 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 inthe 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 indeveloping emission inventories for support of State implementation plans (SIPs).

Ptrsuant to its authority under sections 110 and 172 ofthe 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 of40 CFR part 51 in 1979 and amended them in 1987.

The 1990 Amendments to the CAA revised many ofthe CAA provisions related tothe attainment of the NAAQS and the protection ofvisibility 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 3years for

ozone nonattainment areas beginning in 1993. Similarly, section 187(a)(5) required states to submit an inventory
every 3years for CO nonattainment

areas. The EPA, however, did not immediately codify these statutory emission reporting requirements inthe CFR,but simply relied on the statutory language to implement them.

Title IV ofthe 1990 CAA Amendments also added requirements forreporting ofemissions by sources subject to the Acid Rain Program (ARP). Affected sources mustreport hourly NOx, SOx and CO 2 data to EPA's Clean AirMarkets 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 theDistrict ofColumbia 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 ofthat rule, codified in40 CFR 51.122, EPA established emissions reporting requirements to be included in the SIP revisions required under that action.

Another set ofemissions reporting requirements, the CERR, was promulgated by EPA in 2002, and is codified at40 CFRpart 51, subpart A. See 67 FR 39602 (June 10, 2002). These requirements replaced the requirements previously contained in subpart Qof40 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), whichprovides that SIPs must require "as may be prescribed by the Administrator * * * (ii)periodic reports onthe 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

2Other CAA provisions relevant to these proposed arnendments include section 172(c)(3) (requires SIPs for nonattainment areas to include comprehensive, current inventory ofactual 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 of40 CFRpart 51 (the CERR) and 40 CFR 51.122 in subpart G (theNOx SIPCall). 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.

Underthe NOx SIP Call requirements in40 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 ofthe NOx trading program are notrequired to bereported by the states to EPA every year. The affected states are also required to report ozone season emissions and typical summer work weekday emissions ofNOx from all

sources every thirdyear (2002, 2005, 2008, etc.). This triennial reporting
process does not have an exemption for

sources participating inthe NOx SIP Call emissions trading program. Section 51.122 requires that a number ofdata elements be reported in addition to

ozone seasonNOx emissions. These data elements describe some ofthe source's specific physical and operational parameters.

Emissions reporting under the NOx SIP Call (promulgated October 27, 1998)

was required forthe 2002 inventory year which was the year prior to the emissions reductions requirement. The reports are due to EPA on December 31 ofthe year following the inventory year. For example, emissions from all sources and types inthe 2002 ozone season

were required to bereported 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 Michiganv. 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 fromCO 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 ofpart 51. Although entitled the "Consolidated Emissions Reporting Rule," the CERR left inplace separate reporting requirements forthe N~x SIP Call under 40 CFR 51.122. The CERR requirements

were aimed at obtaining emissions information to support abroader 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 ofall

sources at 3-year intervals (inventory years 2002, 2005, 2008, etc.). However, there are anumber of differences between the two rules. The CERR also requires reporting ofcertain 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 atotal forthe entire inventory year, for a typical wprk weekday in winter, and for atypical work weekday in summer, but not a total forthe 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
mustbe reported.

III.Response to Comments

Wehave addressed all comments in detail and placed them in the Response
to Comments document inthe 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 ofthe proposed rulemaking.

A. MajorSourceDefinition forPoint SourceReporting

Ir all states, we proposed to expand the definition ofsources that mustbe reported inthe point source format,

3Itis important tonote that the NOx SIP Call requires a special all-sources report by affected States forthe 2007 inventory year due December 31, 2008. While the CAIRhad removed the requirement
to submit the special all-sources report, therecent vacatur ofCAIR in its entiretymeans that the special all-sources report is once again a .requirementunder theNOx 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 CFRpart 70 for the pollutants for whichreporting is required, i.e., for 

### CO, VOC, NOx, sulfur dioxide (SO 2), PM 2 .5,PM10 , lead-and ammonia (NH 3). Those major sources were further classified as Type A (largesources) and Type B (small sources), with differing reporting requirements for each type. Currently, the requirement forpoint

source reporting is based on thresholds ofactual 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 bereported as point sources every third year. Affected states would continue to report their actual emissions, but the

new approach would make itpossible to better track changes in source emissions, shutdowns, and start-ups

over time. Because states have existing lists ofsources subject to 40 CFR part 70requirements, this approach would result in a more stable universe of reporting point sources, which inturn would facilitate elimination of overlaps and gaps in estimating point source emissions, as compared to nonpoint

source emissions. Underthis 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 ofcomments

on the provision regarding point source format reporting. All commenters supported changing the definition of a point source forreporting 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 thoughtthat the table included in the definition forpoint

source inthe proposed rule was

4 We use the term "nonpoint source" torefer to

a stationary source that is treated forinventory
purposes as part ofan aggregated source category rather than as an individual facility. In the existing subpart A ofpart 51,such emissions sources are referred to as "area sources." However, theterm "area source" is used in section 112 oftheCAA to indicate a nonmajor source ofhazardous-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" forthe 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 amajor source under 40 CFR part 70 for the pollutants for which reporting is required * * *." This indicated that reporting thresholds for all point sources would bebased upon the 40 CFR part 70 definition of "potential to emit" (PTE). However, we further stated that "we are proposing to expand the definition ofwhat 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 ofthe 40 CFR part 70point source definition to all point

sources would likely require some existing Type B point sources to be reported each year as TypeA sources, which was not identified as a likely change in point source reporting.

The EPA used the definition forpoint

source to establish that use ofthe 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 atable 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 wasto be used to determine point source reporting requirements, and no consideration ofthis 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 inthe
text ofthe regulation, EPA will accept

use ofeither 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 CFRpart 70 definition ofmajor source will be used to determine point source reporting requirements following the 2009 inventory year.
B. Harmonizing ReportDueDates
The CERR reporting dates are 5 months later than the NOx SIP Call. The NOx SIP Call rulerequires the affected
states to submit emission inventory reports for agiven ozone season to EPA byDecember 31 of the following year, 12 months after the end ofthe inventory year. The CERR requires similar but not identical reports from all states by the following May 31, 17 months after the end ofthe inventory year. The EPA believes that harmonizing these reporting dates would be efficient for both states andEPA.

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.

Mostcommenters expressed support for the concept ofharmonizing the reporting requirements under the NOx SIP Call and the CERR, but were concerned about the alternative ofusing the 12-month timeline for some or all

sources forthe.2008 inventory year. In general, the commenters were concerned that a 12-month timeline might compromise the quality ofthe 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 ofall emission sectors until 2009. Since the 2009 and 2010 inventory years require reporting forType A (large point)

sources only, one impact of this action 

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

is to delay implementing a 12-month timeline forreporting ofall 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 forthe 2008 inventory year. The 17- monthtimeline 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 forreporting ofall source emissions for the 2008 inventory year,

we did not propose to extend the existing 12-month timeline forreporting under the NOx SIP Call. Thus, the NOx SIP Call 12-month timeline willbe retained forthe 2008 inventory year, and harmonized reporting under the AERR will be implemented forthe 2009 inventory year.
C.Accelerating ReportDueDates
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 forthe triennial year 2011 and all following years by requiring that emissions data from all point sourcesbe reported within 6 months from the end ofthe 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., byDecember 31 ofthe following year. There is precedent for requiring reporting ofpoint 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 inincomplete and inconsistent data quality. Several commenters thought that tightening the timeline for point sources to 9 to 12 months would be possible. Some ofthe
commenters thought that 17 months would continue to beneeded for the nonpoint and mobile source inventory
sectors due to the unavailability ofdata

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 ofthe commenters expressed

concerns that were based primarily on having to conduct a similar data collection and compilation effortwithin California. The commenter thought that the time to conduct this state-based effortmade 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 ofabifurcated reporting system whichwould require submittal ofpoint and nonpoint/mobile source sector data

on separate dates.

Two commenters thoughtthat Webbased submittal toolsneeded to move beyond the developmental stage before it would be possible to shorten the reporting timeframe to 12 months. One ofthe two commenters further indicated that much ofthe 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 ofthe commenters regarding the proposed 6-month timeline for submittal ofpoint 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 ofthe project and believes that a 6-month timeline for developing and submitting inventory data is notyet achievable on a consistent basis with application of
proper quality assurance procedures for all emission inventory source sectors. However, the project did demonstrate that atimeline shorter than the existing 17 months is possible, since a number ofstates involved inthe 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 ofthe states participating inthe 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 ofemissions data on an expedited timeline. To allow additional time fortechnological improvements, EPA will implement a 12-month timeline for data submittals beginning with the 2009 inventory year. The effect ofthis will beto require reporting of Type A (large point) sources using a 12- month timeline forthe 2 years before the comprehensive triennial emission inventory effort for the 2011 inventory year. This will allow forhdditional development ofelectronic tools and refinement of data submittal procedures and for states to become familiar with operation ofthe new EIS before the 2011 triennial inventory is due.

D.ReportingBiogenicEmissions

We proposed to remove a requirement inthe existing CERR for states to report annual and typical ozone season day biogenic emissions. Biogenic emissions

are estimated by acomputer model using meteorological andland 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 forreporting biogenic emissions serves no useful purpose. This change does not affect our expectation thatbiogenic emissions be appropriately considered inozone and PM 2. 5 attainment demonstrations. Many comments were submitted on -thebiogeriic 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 ofthe AERR as proposed by not including the existing reporting requirements (underthe CERR) for annual and typical ozone season day biogenic emissions.

E.ReportingEmissionModelInputs

We proposed a new provision that would allow states the option of providing emission inventory estimation model inputs in lieu ofthe 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 theirnecessary inputs. This provision would allow states to take advantage ofnew emissions estimation tools for greater efficiency, although the states would continue to be required to provide inputs representative oftheir conditions. Under this option, EPA will run the emissions model(s) t6 calculateNo. 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

awidely available emissions model as a

means ofimproving the transparency of theemission estimates themselves and the overall utility of the submissions in meeting the objectives ofthe emissions reporting requirements. Providing model inputs would improve EPA's ability to assess the quality ofthe states' emission estimates and to project future emissions.

We received several comments on this provision. Most of-the comments were in favor ofallowing the option to report model inputs in lieu of the emissions estimated from the models. However,
many ofthe commenters did not want to see the reporting ofmodel inputs become areporting 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 forthe 2005 inventory year, EPA intends to delay implementation ofthis 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 (May31, 2007). Although EPA encourages states to submit model inputs where they have used awidely available model to develop emission estimates, states will
not berequired 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 oremission factors, butthe Agency believes that models and emission factors are appropriate emission estimation tools when addressing the ubiquitous nature ofsome sources and attempting to account for the many variables affecting certain annual emission estimates. To improve the application ofmodels and emission factors, EPA urges states to develop locally derived input data based upon physical measurements wherever possible. F.ReportingSummerDayEmissions
We proposed to retain the requirement forreporting ofsummer 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 coveredby the NOx SIP Call. Weproposed to restrict the requirement to VOC and NOx emissions, butwe invited comment on whether CO emissions should be required also.

Several commenters supported EPA's proposal for reporting ofsummer day emissions of NOx and VOC. Two commenters thoughtthat ozone seasonday NOx, VOC and CO emissions should be reported for all areas, while
two other commenters questioned the value ofreporting summer day VOC and NOx emissions. Another commenter thoughtthat 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 commenterthought that summer day emissions ofCO should notbe 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 inattainment counties that are covered bythe 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. Ifthe state takes credit forreductions 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 andNOx emissions, are not used for tracking RFP. Therefore, reporting ofCO summer day emissions regardless of ozone attainment status will notbe a requirement under the AERR. The proposed rule indicated that "We

are proposing to retain the requirement for reporting ofsummer 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 notreceive 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" forpoint sources and "summer work weekday emissions" for nonpoint, nonroad mobile and onroad mobile sources.

Accordingly, inrecognition ofthe conflicting language and as indicated in the preamble to the proposed rule,the final rule willretain the definition of and requirement to report "summer day emissions" forall 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 dayemissions has been revised to require the use ofwork weekday emissions (asrequired under the CERR) when estimating summer day emissions for reporting.

G. ReportingWinter 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
.attracking progress towards attainment ofthe CO NAAQS. We stated our belief that applying this requirement to all states was no longer warranted given that CO violations are currently observed infew 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 ofCO inventories.

Most commenters supported EPA's proposal to delete the reporting requirement forwinter work weekday emissions ofCO. 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 oftheir CO maintenance plans.

The EPA finds the comment that CO reporting is needed for COmaintenance plans to be compelling. This need was not considered inthe proposed rule. As noted by the commenter, CO maintenance plans require tracking of emission reductions to ensure continued maintenance ofthe CO NAAQS. Reporting emissions under this rule will aid in standardizing the data reported and facilitate review ofthe 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 ofambient CO concentrations in certain areas that have been redesignated to attainment for CO. The EPA's approval ofsuch requests is conditioned onthe 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 fewremaining CO nonattainmment

areas regarding reporting ofwinter work weekday emissions. However, inthis finalrule, 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 ofthe CO NAAQS. Therefore, to monitor progress toward attaining and maintaining the CO NAAQS, EPA will retain the requirement for reporting winter work weekday emissions ofCO, butwill limit it to CO nonattainment areas and areas with CO maintenance plans.

H. NewDataElements

We proposed to add several required data elements to the existing rule. These

were contact name, contact phone number, emission release pointtype, 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 ifissues 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 oruncontrolled. 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 ourbeliefthat it is important for states to.report onthe

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 thisrule because EPA's Latitude/Longitude Data Standard6 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 reportthese codes was not available,
states would notbe 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, anumber ofother

5Additional information on emissions data elements and the formats and valid codes presently in usefor State reporting to EPA is available on the EPA Web site http://www.epa.gov/ttn/chief/nifl index.html.

6EnvironmentalData 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 &PDATA-IDENTIFIER
=19939&PVERSION=2. commenters appeared to be confused by EPA's proposal since the NEI Input Format (NIF) included many ofthe 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 inguidance 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 andNIF address many common data elements forreporting to EPA, their
purposes are somewhat different. Data reporting rules identify data elements and timelines forreporting. Data reporting formats such as the NIF address the details ofhow 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 willbe 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 forreporting and timelines for submitting data are fundamental requirements for states andtherefore are appropriate levels ofdetail to be addressed through the rulemaking

process.

One commenter suggested that a Federal-state taskforce 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 toupdate 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 ofa control status code would
not make the status ofa facility any

more clear and believed that the control
status of afacility 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 ofthe commenters pointed out that EPA's detailed reporting instructions provide for the "control device" data element to specify76546 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 ofcombustion 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

anew data reporting requirement by several commenters. This new data element would require states to indicate ifa source is controlled oruncontrolled. The EPA agrees with the concerns expressed by the commenters that this

new data element is notneeded. The data reporting requirements proposed under this action for control types and efficiencies in combination with reporting codes forthose 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 forpoint sources do
not ask forthe total capture/control efficiency, which is required for nonpoint sources. The commenter thought that the capture efficiency along with the total capture/control efficiency shouldbe required forpoint sources since the current requirements for primary and secondary control efficiencies do not provide away to determine the overall control efficiency. TheEPA believes that the "total capture and control efficiency" data element proposed forpoint source reporting addresses the commenter's concern since this data element is intended to require data reporting on the overall effects ofmultiple control systems.

One commenter did not believe that "Rule Effectiveness" had ever been explained adequately and stated that it

was not apparent how or ifit could be used without knowledge ofhow it relates to the other terms. The EPA disagrees with the commenter's

concerns. In the spring of2004, 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 EmissionsInventory Guidance forImplementationofOzone andParticulate Matter National AmbientAir QualityStandards (NAAQS) andRegionalHaze Regulations-EPA-454/R-05-O01 (August 2005, updated November 2005). The EPA believes the workgroup presented a clear rationale regarding development and implementation ofthe

new approach to adjusting emission inventories to address RE, explaining how RE can be used to adjustthe 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 ofRE 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 ontobusinesses but offered no specific concerns with the individual requirements. The reporting requirements ofthisrule 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 ofthis 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 forthe Information Collection Request (ICR) indicates the AERR will not increase the reporting burden on states

or impose an additional burden on

sources.
I.Identificationof NewEmissions RelatedDataRequirements

We invited comment on whether or notadditional 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 forTitle V facilities. One
commenter encouraged EPA to include requirements for reporting HAPs from all emission sources.

The EPA is notincluding requirements for reporting HAPs in this rule. However, EPA has developed national level inventories ofHAP emissions on a 3-year cycle since 1990. These inventories have provided support for development ofHAP control programs, helped assess HAP air quality trends, and provided ameans to track EPA's progress on controlling HAP emissions under the Government Performance Results Act.The success of EPA's efforts rests inlarge measure on the cooperation ofstates in submitting HAP data to EPA to support the development ofnational HAP emission inventories. Each emission inventory cycle has benefited from increased state agency participation insubmitting 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 butintends to closely monitor the participation of
state agencies in this effort. The EPA' understands the concerns ofsome state agencies regarding the need for aHAP data reporting rule and may, should the need arise, revisit this issue inthe future.
1.Revisions to SpecificDataElements

The NOx SIPCall rule andthe CERR contain detailed lists ofrequired data elements in addition to emissions, and eachrule has its own set of definitions. The two sets ofdata elements overlap but are notidentical. 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 ofmore 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 ofrequired elements forthe NOx SIP Call and the CERR into a single new list in thisrule. 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 fuelheat 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 thisrule.

. There were anumber ofdata elements required inthe 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 starttime in the day. These data elements were carried forward from emissions reporting systems previously used by EPA.

At present, states are required to reportthree 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 ofthese can *becalculated from the other two. We invited comment on which ofthese data elements, ifany, to drop from the required list.Our preference was toFederal 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 oftheirnecessary emissions estimates from point sources and/or prepared one-third oftheir nonpoint ormobile 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 ofwork and then make a single data submission bythe 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 amore consistent data set. A single submission would also make it more efficient forEPA to quality

assure the complete data setrather 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 forthe CERR and the NOx SIP Call into a single new list ofrequired 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 offuel heat content data, source "of activity/throughput data, source of emission factor, and source ofemissions data. Several commenters suggested that the list of data elements be maintained in the NIFrather than in thisrule 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 ofsome data elements related
to the NOx SIP Call. The data elements forFederal 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 forFacility 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 fuelheat content data,

source ofactivity/throughput data,

source ofemission factor and source of emissions data are not used byEPA and

no commenters addressed the need for these data elements specifically. Therefore, EPA will delete these data reporting requirements asproposed. The EPA notes that acode for '.'emission calculation method code" is planned for the EIS, which is similar in application
to the "source ofemission 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 fora variety of applications and shouldbe retained: Heat content (fuel), ash content (fuel), sulfur content (fuel) for fuels other than coal, activity/throughput, hours per day in operation, days perweek in operation, weeks peryear inoperation and starttime inthe 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 forheat 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 avariety ofapplications. Start time in the day (hour)was identified bythree
commenters as not being useful, and EPA agrees that this data element should be deleted.

Several commenters indicated that
any one ofthe 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 thoughtthat both should be retained.

Many other commenters requested that all three data elements be retained for avariety ofreasons 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 oftheir end users who

are accustomed to having allthree 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 ofselecting 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 ofdata elements. The EPA believes itis appropriate to report stack diameter data since it can bereadily determined and has the least amount of uncertainty ofthe stack-related data elements. One commenter who indicated that all existing stack-related data elements would need to be reported ifstates hadthe flexibility of selecting two out ofthe three for reporting appeared to interpret EPA's proposal inthe 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 ofpractices 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 ofthe CERR allows
states the option ofobtaining estimates from point sources and/or preparing one-third oftheir 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 ofobtaining estimates from point sources and/or prepare one-third oftheir nonpoint or mobile source emissions estimates each year on a rolling basis, but would have limited data submissions to a single package onthe 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 itas a single package. This commenter preferred to continue this practice. One commenter thoughtthat allowing states to develop triennial inventories over 3 years wasNo. 243 /Wednesday, December 17, 2008 /Rules and Regulations

not practical due to staffturnover 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 ofthe 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 ofthe 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 asproposed. The EPA notes that states may use the provisions of40 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 forpoint

sources but did not specify whetherthe codes should also be reported at the emission unit level, in addition to the facility level. Table 2Ato subpart A of part 51 in the AERR proposal clarified this requirement by including data element #41 for reporting of "SIC/ NAICS atthe facility and unit levels."

One commenter thought that reporting these codes atthe 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 ofa source, which also brings into question the reporting ofthese codes at the unit level. Based upon this information, EPA has reconsidered the need forreporting 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 ofSIC codes as an alternative to NAICS codes. Since theJanuary 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 foremissions 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 finalrule

are described below.

A. Consolidationof 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 ofpart 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 ofrequired 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 listthe 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.PointSourceReporting

Inall states, we are expanding the definition ofwhat sources mustbe reported in point source format, so that fewer sources will be included in nonpoint source emissions. We are basing the requirement for point source formatreporting on whether the source is a major source under 40 CFRpart 70 forthe pollutants for whichreporting is required, i.e., for CO, VOC, NOx, S02, PM2. 5, PMo,lead andNH3 butwithout regard to emissions ofHAPs. Currently, the requirement forpoint 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 aspoint sources every third year. In addition, sore sources now reported as "Type B" point sources every thirdyear may be reported as "Type A" point sources each year. Affected states will continue to report their actual emissions, butthe new approach will make itpossible to better track changes in source emissions, shutdowns, and start-ups over time. Because states have an existing list of

sources based on40 CFR part 70 requirements, this approach will result in a more stable universe ofreporting point sources, which in turn will facilitate elimination ofoverlaps and gaps in estimating point source emissions, as compared to nonpoint

source emissions. Under this requirement, states will know well in advance ofthe start ofthe inventory
year which sources will need to be reported. These new requirements will be ineffect for allreports for emissions starting with the 2009 inventory year.
C.ReportDueDates

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 ofthe end ofthe inventory year (May 31, 2010). The NOx SIP Call data submittal forthe 2008 inventory year willbe due within 12 months ofthe end ofthe inventory year (December 31, 2009).

The EPA is harmonizing reporting dates for the NOx SP Call andthe AERR beginning with the 2009 inventory year. The data submittals for both will be due byDecember 31, 2010. All subsequent data submittals under the AERR and NOx SIP Call will be due within 12 months ofthe end ofthe inventory year.
D.ReportingBiogenicEmissions

The requirement for reporting annual and typical ozone season daybiogenic emissions has been removed.

E.ReportingEmissionModelInputs
States will have the option of providing emissions model inputs to EPA in lieu ofemissions 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 emissionmodels capable ofestimating emissions from

source types on anational scale. Under this option, EPA will runthe emissions model(s) to calculate emissions and will
enter the emissions data into the appropriate database. The EPA is making this option available forthe 2007 inventory year (due date May 31, 2009).

F.ReportingSummerDayEmissions

States will report summer day emissions ofVOC 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 bythe nonattainment

area modeling domain usedto demonstrate RFP. States covered by the NOx SIP Call will report on an annual basis summer day emissions ofNOx 76548 Federal Register /Vol. 73,

### No. 243/Wednesday, December 17, 2008/Rules and Regulations 76549

from any point source forwhich 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. ReportingWinter 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. NewDataElements

New data elements for contact name, contact phone number, emission type, emission release point type, and MAD codes are now required forreporting 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 Identificationof NewEmissions RelatedDataRequirements

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 DataElements

States will no longerbe required to report the following data elements listed under the NOx SIP Call (40 CFR 51.122): Area Designation, Federal ID Code (plant), Federal IDCode (point),Federal ID Code (process), Federal ID Code (stack number), Maximum design rate, Work weekday emissions, Secondary control efficiency, Source offuel heat
content data, Source ofactivity/ throughput data, Source ofemissions factor and Source ofemissions 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 longerbe required to report start time in the .dayand will have the option of reporting one ofthe 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.EPAInitiatedChanges

1. Implementation ofData 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 inplace 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 ofthis action is expected
to occur during 2008 which was the initial year ofdata 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 ofthis rule and is delaying full implementation ofthe AERR until the 2009 inventory year. Aprovision to allow states to submit emission model inputs in lieu of emission estimates will be effective starting with the 2007 inventory year because itprovides additional flexibility
to the states. EPA notes that the 17- month timeline for submittal of data under the CERR is unchanged inthis rule forthe 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 ofthe

newreporting 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 forthe 2009 inventory year and subsequent inventory years will be shortened to 12 months forall emission inventory
sectors.

The EPA believes it may be possible for some states to achieve data submittal timelines that are shorter than 17 months forthe 2008 inventory year and is interested inproviding 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 ofthis program will be communicated by EPA to states through discussions with the National Association ofClean 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 ofdata submitted and its application. The EPAbelieves this data element is notnecessary 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 EPAis taking this action forthe following reasons: (1) Several ofthe emission inventory applications described bythe codes are not expected
to be submitted to EPA under thisrule, (2) data submittals described by this data element such as "HAP inventory"

are no longer appropriate given the integrated nature ofemission 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 orPCC"

The EPA is modifying data element #14 in Table 2A to subpart A ofpart 51 by eliminating the reference to PCC. The PCC (Process Classification Code) reference-was included inthe 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 ofPCCs atthis time.

5. Source Reporting Formats

Section 5"1.20 (Whatare 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 ofthe time and effort already expended to develop mechanisms forreporting 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 ofreporting such emissions as either point ornonpoint sources, by providing a mechanism for states to use the point source reporting format for

7Examples ofanthropogenic sources include,but

are notlimited to, (1)agricultural fires such as burning oforchard andfield cropsand (2)some emissions from livestock operations andfertilizer 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. Statutoryand Executive Order Reviews

A. Executive Order12866:Regulatory Planning andReview
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 inresponse to OMB recommendations have been documented in the docket for this action.

In addition, EPA prepared an analysis ofthe potential costs and benefits associated withthis action. This analysis is contained in "Supporting Statement, AirEmissions Reporting Requirements (AERR), EPA ICR #2170.02." A copy ofthe 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 ofthese 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 foreach ofthe 104 respondents (stateand local agencies) by about 13 labor hours peryear from current levels. The annual average reporting burden for this collection (averaged overthe first 3 years ofthis ICR) is estimated to decrease by atotal of1,373 labor hours
per year with a decrease in costs of $47,450. From the perspective ofthe

sources reporting to the states, EPA does notbelieve that there willbe any change inreporting burden resulting from AERR because the same universe of

sources will be required to report to the
states.
B.Paperwork ReductionAct
The information collection requirements in thisrule have been submitted for approval to the Office of

EPA is developing aFirePolicy with the Department ofAgriculture that willclarify terminology used inthis noticeregarding wildland and agricultural fires. Once that policy is finalized, EPA intends to update reportingcodes to facilitate Statereporting ofemissions in accordance with the final policy. Management and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 etseq. The information collection requirements are not enforceable until OMB approves them.

the information collection requirements inthis 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 ofemissions of certain criteria pollutants at least every 3 years forall 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 inthis 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) ofthe 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 ofnew 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 ofthese 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 finalrule will reduce the information collection burden for each ofthe 104 respondents by about 13 labor hours peryear from
current levels. The annual average reporting burden forthis collection (averaged over the first 3 years ofthis ICR) is estimated to decrease by a total of1,373 labor hours peryear with a decrease in costs of$47,450. From the perspective ofthe sources reporting to the states, EPA does not believe that there will be any change inreporting burden resulting from AERR because the

sameuniverse ofsources willbe 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 withthis final rule are laboir hours associated with collection, management, and reporting ofdata.The EPA does not consider the data submitted under this ruleto be confidential, but some states limit release ofthis type ofdata. Any data submitted under this rulewill be considered inthe public domain and
cannot be treated as confidential. Burden is defined at5 CFR 1320.3(b).

An agency may not conduct or sponsor, and a person is not required to respond to a collection ofinformation, unless it displays acurrently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFRpart 51 are listed in40 CFRpart 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 forthe approved information collection requirements contained in thisfinal rule.

C.RegulatoryFlexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency to prepare

aregulatory flexibility analysis ofany 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 ofthis 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 ofa city, county, town, school district or special district with a population ofless 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 ofthis final rule on small entities, I certify that this action will not have a significant economic impact on

a substantial number ofsmall 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. UnfundedMandatesReform Act

This rule does not contain a Federal mandate that may result in expendituresFederal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations 76551

of$100 million ormore 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 aFederal mandate that may result inexpenditures of$100 million or

more for state, local, and tribal governments, inthe aggregate, orthe 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, thisrule is not subject to the requirements ofsections 202 or 205 of UMRA.

This rule is also not subject to the requirements ofsection 203 ofUMRA 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 Order13132:Federalism

Executive Order 13132 entitled "Federalism' (64FR 43255, August 10, 1999), requires EPAto develop an accountable process to ensure "meaningful and timely input by state and local officials inthe 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 ofgovernment."

This final rule does not have federalism implications. Itwill nothave substantial direct effects on the states,

on the relationship between the national government and the states, or on the distribution ofpower and responsibilities among the various levels ofgovernment, 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 Order13175:Consultation andCoordinationWith Indian Tribal Governments

This action does not have tribal implications, as specified inExecutive 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 ofpower and responsibilities between the Federal government and Indian Tribes, as specified in Executive Order 13175. The Tribal Authority Rule means that tribes
cannot berequired to report their emissions to us, unless they have attained TAS status under the Tribal Authority Rule and, onthat basis, are authorized to implement and enforce thisrule. Thus, Executive Order 13175 does not apply to this action.

G.

Executive Order13045:Protectionof ChildrenFromEnvironmentalHealth Risks andSafetyRisks

Executive Order 13045: "Protection of Children from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997) applies to anyrule that: (1) is determined to be "economically significant" as defined under Executive Order 12866, and (2) concerns an environmental health or safety riskthat 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 thatthe analysis required under section 5-501 ofthe 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 Order13211:Actions 'ConcerningRegulationsThat SignificantlyAffect EnergySupply, Distribution,orUse

•This action is not a "sigiificant
energy action" as defined inExecutive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not likely to have

a significant adverse effect on the supply, distribution, oruse ofenergy. This rule will consolidate, reduce, and simplify existing emissions data reporting requirements; add limited new requirements; provide additional flexibility to States inthe waysthey collect and report emissions data; and accelerate the reporting ofemissions 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 NationalTechnology Transfer AdvancementAct

As noted inthe proposed rule, Section 12(d) ofthe 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 inits 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 notinvolve technical standards. Therefore, EPA did not consider the use ofany voluntary

consensus standards. j. Executive Order12898:Federal Actions To AddressEnvironmental Justicein MinorityPopulations and Low-Income Populations

Executive Order (E.O.) 12898 (59FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its mainprovision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part oftheir mission by identifying and addressing,

as appropriate, disproportionately high and adverse human health or environmental effects oftheir 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 ofprotection provided to human health or the environment. This rule establishes information reporting procedures for emissions ofcriteria air pollutants from stationary and mobile source but does
not affect the quantities ofthe pollutants emitted.

K. Congressional ReviewAct
The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before arule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe

### 76552 Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations

Congress and to the Comptroller General ofthe United States. The EPA will submit areport containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General ofthe United States prior to publication ofthe 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.
ListofSubjects 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 inthe preamble, title 40, chapter I,part 51 ofthe Code ofFederal Regulations is amended as follows:

PART 51-[AMENDED]

m1.Theauthority citationforpart51 continues to read as follows:

Authority: 23 U.S.C. 101; 42 U.S.C. 7401- 7671q. Subpart A-[Amended]

m2. Subpart Ais 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 andreport 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 doesmy stateneed 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 mystate equalize the emission inventory effort from year to year? 51.40 Inwhat formand format should my state report the data to EPA? 51.45 Where should mystate report the data? 51.50 What definitions applyto this subpart?
Appendix A to Subpart A ofPart 51-Tables Appendix Bto Subpart A ofPart 51- [Reserved] Subpart A-Air Emissions R porting Requirements
General Information forInventory Preparers 

### §51.1 Who Isresponsible for actions described Inthissubpart? States must inventory emission

sources located on nontribal lands and report this information to EPA. 

### §51.5 What toolsare available to help prepare and reportemissions data?

(a)We urge your state to use estimatior procedures described in documents from the Emission Inventory Improvement Program (SlIP), available
atthe 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 notapplicable 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 emissionsthat are required bythe NOx SIP Call?

The District ofColumbia 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 forthese reporting requirements. Specific Reporting Requirements 

### §51.15 What data does my state need to reportto EPA?

(a)Pollutants. Report actual emissions ofthe following (see §51.50 for precise definitions as required):

(1) Required pollutants fortriennial reports ofannual (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 PM 1o. 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 ofsummer day emissions:



### (W NOx. (i) VOC. (4) Required pollutants for every-year reports ofsummer day emissions: NOx.

(5) A state may, atits option, include estimates ofemissions for additional pollutants (such as other pollutants listed in paragraph (a)(1) ofthis section

or hazardous air pollutants) in its emission inventory reports.

(b) Sources.Emissions should be reported from the following sources in all parts ofthe state, excluding sources located on tribal lands:

(1) Point. (2) Nonpoint. (3) Onroad mobile. (4) Nonroad mobile. (c) SupportingInformation.You must report the data elements inTables 2a through 2c in Appendix A ofthis subpart. We may ask you for other data

on a voluntary basis to meet special purposes.

(d) ConfidentialData.We do not consider the data in Tables 2a through 2c in Appendix A ofthis subpart confidential, but some states limit release ofthis type ofdata. Any data that you submit to EPA under this subpart will be considered inthe public domain and cannot be treated as confidential. IfFederal and state requirements are inconsistent, consult your EPA Regional Office for a final reconciliation. (e) Option to SubmitInputsto EmissionInventoryEstimation Models in Lieu ofEmissionEstimates.For a given inventory year, EPA may allow
states to submit comprehensive input values formodels capable ofestimating emissions from acertain source type on
a national scale, in lieu ofsubmitting the emission estimates.otherwise required by this subpart.
§51.20 What are the emission thresholds that separate pointand nonpoint sources? (a)All anthropogenic stationary

sources must be included in your inventory as either point ornonpoint

sources.

(b) Sources that meet the definition of point source in this subpart mustbe reported as point sources. All pollutants specified in §51.15(a) mustbe reported

### Federal Register/Vol. 73, No. 243/Wednesday, December 17, 2008/Rules and Regulations 76553

for point sources, notjust the pollutant(s) that qualify the source as a point source. The reporting ofwildland and agricultural fires is encouraged but
not required. (c) Ifyour state has lower emission reporting thresholds for point sources than paragraph (b) ofthis 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 ortilled soil. In addition, ifnot reported as point sources, wildland and agricultural fires mustbe reported as nonpoint sources. Emissions of nonpoint sources may be aggregated to the county level, but mustbe separated and identified by source classification code (SCC). Nonpoint source categories

or emission events reasonably estimated by the stateto represent a de minimis percentage oftotal county and state emissions ofa given pollutant may be omitted. 

### §51.25 What geographic area must my state's Inventory cover?

Because ofthe regional nature ofthese pollutants, your state's inventory must be statewide, regardless ofany area's attainment status. 

### §51.30 When does my state report which emissions data to EPA?

All states are required to reporttwo 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 ofAppendix A ofthis subpart forthe specific data elements to report every year.

(1) All states are required to report every year the annual (12-month) emissions ofall pollutants listed in § 51.15(a)(1) from TypeA (large) point
sources, as defined inTable 1 of Appendix A ofthis subpart. The first every-year cycle inventory will be for the 2009 inventory year and mustbe 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 SIPCall) are required to report every year the ozone season emissions ofNOx 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 yearprior to the year in which compliance with the NOx SIP Call requirements is firstrequired. (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 ofparagraph (a). (b)Three-year cycle. See Tables 2a, 2b and 2c to Appendix A ofsubpart A for the specific data elements that must be reported triennially. (1)All states are required to report for
every third inventory yearthe 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 willbe due 12 months after the end ofthe inventory year, i.e.,by December 31 ofthe following year.

(2) States subject to §51.122 must report ozone season emffissions and

summer day emissions ofNOx from all point sources, nqnpoint sources, onroad mobile sources, and nonroad mobile

sources. The first 3-year cycle inventory willbe for the 2008 inventory year and
must be submitted to EPAwithin 12 months, i.e., by December 31, 2009. Subsequent 3-year cycle inventories will be due as specified under paragraph (b)(1) ofthis section.

(3) Any state with an area for which EPA has made an 8-hour ozone nonattainment designation finding (regardless ofwhether that finding has reached its effective date) mustreport

summer day emissions ofVOC and NOx from all point sources, nonpoint
sources, onroad mobile sources, and nonroad mobile sources. Summer day emissions ofNOx 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 mustbe 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) Stateswith COnonattainment

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 equalizethe emission Inventory effortfromyear toyear? (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 andreport data for all Type A (large) point sources (this is required for all Type Apoint sources). (2) Each year, collect data for onethird ofyour sources that are notType A point sources. Collect data for a different third ofthese sources each year

so that data has been collected for all of the sources that are not Type Apoint

sources by the end of each 3-year cycle. You must save 3 years ofdata 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 ofthe nonpoint, nonroad mobile, and onroad mobile sources. You must

save 3 years ofdata for each such source and then report all ofthese data on the 3-year cycle due date.

(b)Forthe sources described in paragraph (a) ofthis section, your state will have data from 3 successive years at any given time, rather than from the single year in which itis compiled.

(c)*If your state chooses themethod of inventorying one-third ofyour sources that are not Type A point sources and 3-year cycle nonpoint, nonroad mobile, and onroad mobile sources each year, your statemust compile each year ofthe 3-year period identically. For example, if a process has not changed for a source category orindividual plant, your state must use the same emission factors to calculate emissions foreach year ofthe 3-year period. Ifyour 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. Ifyour state

uses models to estimate emissions, you must make sure thatthe model is the

same for all 3 years. (d) Ifyour state needs a new reference year emission inventory for aselected pollutant, your state cannot use these optional reporting frequencies forthe

new reference year.

(e) Ifyour state is a NOx SIP Call state, you cannot use these.optional reporting frequencies forNOx SIPCall reporting.
§51:40 Inwhat form and format shouldmy state reportthe data to EPA?

(a) You mustreport 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 ofthe data elements listed in Tables 2a, 2b, and 2c in Appendix A ofthis 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 orreports 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 definitionsapply tothis subpart?

Activity throughput means a measurable factor or parameter that relates directly or indirectly to the emissions ofan air pollution source during the period forwhich emissions

are reported. Depending onthe type of

source category, activity information
may refer to the amount offuel combusted, raw material processed, product manufactured, or material handled or processed. It may also refer
to population, employment, or number ofunits. Activity throughput is typically the value that is multiplied against an emission factor to generate an emissions estimate.

Annualemissionsmeans actual emissions for a plant,point, orprocess that are measured or calculated to represent acalendar year.

Ash contentmeans inert residual portion ofa fuel. Contactnamemeans the complete

name ofthe lead contact person for the organization transmitting the data set, including first name, middle name or initial, and surname. Contact phonenumbermeans the phone number for the contact name. Controldevice typemeans the name ofthe type ofcontrol device (e.g., wet scrubber, flaring, orprocess change).

Day/wk in operationsmeans days per week that the emitting process operates, averaged over the inventory period. Designcapacitymeans a measure of the size ofa point source, based on the reported maximum continuous throughput or output capacity ofthe unit. For a boiler, design capacity is based on the reported maximum continuous steamflow, usually inunits of million BTU per hour.

Emission factormeans the ratio relating emissions ofa specific pollutant
to an activity ormaterial throughput level.

Emission release pointtype means the code for physical configuration ofthe release point.

Emissiontypemeans the code describing temporal designation of emissions reported, i.e., Entire Period, Average Weekday, etc. I

Exitgas flowratemeans the numeric value ofthe flow rate ofa stack gas.

Exitgastemperaturemeans the numeric value of the temperature of an exit gas stream.

Exitgasvelocitymeans the numeric value ofthe velocity ofan exit gas stream.

Facility IDcodesmeans the unique codes for a plant or facility treated as a point source, containing one ormore pollutant-emitting units. The EPA's reporting format for a given inventory yearmay require several facility ID codes to ensure proper matching between databases, e.g., the state's own current andmost recent facility ID codes, the EPA-assigned facility ID codes, and the ORIS (Department of Energy) ID code if applicable.

Fallthroughput(percent) means the part of the throughput or activity attributable to the three fall months (September, October, November). This expresses part ofthe annual activity information based on four seasonstypically spring, summer, fall, and winter. It is a percentage ofthe annual activity (e.g., out of600 units produced each year, 150 units are produced in the fall which is 25 percent ofthe annual activity).

FIPSCode. Federal Information Placement System (FIPS) means the system ofunique numeric codes the government developed to identify states, counties and parishes for the entire United States, Puerto Rico, and Guam.

Heatcontentmeans the amount of thermal heat energy in asolid, liquid, or gaseous fuel, averaged over the period for whichemissions are reported. Fuel heat content is typically expressed in units ofBtu/lb offuel, Btu/gal offuel,

-joules/kg offuel, etc. Hr/dayin operations means the hours
per day that* the emitting process operates averaged over the inventory period. Inventoryenddatemeans the last day ofthe inventory period.

Inventorystartdatemeans the first day ofthe inventory period.

Inventoryyearmeans 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 nameplatecapacity means

a measure ofthe size ofa generator which is put onthe unit's nameplate by the manufacturer. The data element is reported in megawatts or kilowatts.

Methodaccuracydescription(MAD) codes means a set ofsix codes used to define the accuracy oflatitude/ longitude data for point sources. The six codes and their definitions are: (1) Coordinate DptaSourceCode:The code that represents the party responsible for providing the latitude/ longitude. (2)HorizontalCollectionMethod Code:Method used to determine the latitude/longitude coordinates for a point on the earth. (3) Horizontal AccuracyMeasure:The

measure ofaccuracy (in meters) ofthe latitude/longitude coordinates. (4)Horizontal ReferenceDatuln Code: Code that represents the reference datum used to determine the latitude/ longitude coordinates. (5) ReferencePointCode: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) SourceMapScaleNumber:The number that represents the proportional distance onthe ground for cne unit of

measure onthe map or photo:

Mobile sourcemeans a motorvehicle, nonroad engine or nonroad vehicle, where: (1)A motorvehicleis any selfpropelled vehicle used to carry people

orproperty on a street orhighway;

(2 A nonroadengineis an internal combustion engine (including fuel system) that is not used ina motor vehicle ora vehicle used solely for competition, orthat is notaffected by sections 111 or 202 ofthe CAA; and

(3) Anonroadvehicleis a vehicle that is runby a nonroad engine and that is
nota motorvehicle ora vehicle used solely for competition.

Nitrogenoxides (NOx)means nitrogen oxides (NOx) as defined in40 CFR 60.2

as all oxides ofnitrogen 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

Nitrogenoxides shouldbe reported on
an equivalent molecular weightbasis as nitrogen dioxide (NO2).

Nonpointsources.Nonpoint sources collectively represent individual

sources that have not been inventoried

as specific point or mobile sources. These individual sourcestreated collectivelyas nonpointsources are typicallytoo small, numerous, or difficultto inventory using the methods for the other classes ofsources.

Ozone seasonmeans the period from May 1 through September 30 ofa year.

Particulate Matter(PM).Particulate matter is a criteria air pollutant. For the purpose ofthis subpart, the following definitions apply:

(1)Filterable PM 2.5 orFilterable PMlo: Particles that are directly emitted by a sourceas a solid or liquid at stack or release conditions and captured onthe filter ofa stack test train. Filterable PM 2. 5 is particulate matter with an aerodynamic diameter equalto or less than 2.5 micrometers. Filterable PM 10 is particulate matter with an aerodynamic diameter equal to or less than 10 micrometers.

(2) CondensablePM:Material that is vapor phase at stack conditions,but which condenses and/or reacts upon cooling and dilution inthe 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 2.5size' fraction, andtherefore all of it is a component ofboth primary PM 2.5and primary PM10.

(3)Primary PM 2 5: The sum of filterable PM2.5and condensable PM.

(4) Primary PMo:The sum of filterable PMo and condensable PM.

(5) SecondaryPM:Particles thatform

or grow in mass through chemical reactions in the ambient air well after dilution and condensation have occurred. Secondary PM is usually formed atsome distance downwind from the source. Secondary PM should not be reported inthe emission inventory and is not covered bythis subpart.

Physicaladdressmeans the street address ofa facility.This is the address ofthe location where the emissions occur; not, for example, the corporate headquarters.

Pointsourcemeans large, stationary (nonmobile), identifiable sources of emissionsthat release pollutants into the atmosphere. A point source is a facilitythat is amajor source under 40 CFR part 70 forthe pollutants forwhich reporting is required, except forthe emissions of hazardous air pollutants, which are not considered in determiningwhether a source is i point
source under this subpart. The minimum point source reporting thresholds intons per yearof 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) VOC

........................................................................................... 250 100 03(moderate)

- 100. (3) VOC

.......................................................................................... ................................ ................. .......... 0 3 (serious) 50. (4) VOC

............................................................................ :
............. ................................ ................................ 0 3 (severe) 25. (5)VOC

.......................................................................................... ................................ .............................. :.. 03 (extreme) > 10. (6) NOx .......................................................................................... > 2500 :100 t 100. (7) CO

................................. .......................................................... 2!2500 >1000 03(all areas)

_ 100. (8) CO

............................................................................................. ................................ ................................ CO (all areas) 100. (9) Pb

............................................................................................. ................................ >5 _> 5. (10) PM 1 o

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

.. ...... ....... ...... ..... ...... ..... ...... ...... !250 > 100 PM 0 (moderate) _> 100. (11) PM 1 o ....................................................................................... ................................. ................................ PMo (serious)> 70. (12) PM2. 5......................................

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

### !250 > 100 _> 100. (13) NH 3......................................................................................... 250 >100 100.

1TypeA sources are a subset of the Type B sources and are the larger emitting sources by pollutant. 2NAA = 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 codemeans aunique code for each reported pollutant assigned by the reporting format specifiedby EPA for each inventoryyear.

Primary captureandcontrol efficienciesmeans two values indicating the emissions capture efficiency andthe emission reduction efficiency of a primary control device. Capture and control efficiencies are usually expressed asa percentage.

ProcessIDcodemeans a unique code for the process generating the emissions, typicallya description of aprocess.

Roadway classmeans aclassification system developed by the Federal HighwayAdministration that defines all public roadways as to type based on land use and physical characteristics of the roadway.

Rule effectiveness(RE) means a rating ofhow 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.

Rulepenetrationmeans the percentage ofa nonpoint source category covered by an applicable regulation.

SCCmeans source classification code,

aprocess-level code that describes the equipment and/or operation which is emitting pollutants.

Site namemeans the name ofthe facility.

Springthroughput(percent) means part ofthe throughput oractivity attributable to the three Spring months (March, April, May). See also the. definition of Fall throughput.

Stackdiametermeans the inner physical diameter ofastack.

Stackheightmeans physical height of

a stack above the surrounding terrain.

StackIDcodemeans a unique code for the point where emissions from one or more processes release into the atmosphere.

Sulfur contentmeans the sulfur content ofa fuel, usually expressed as percent by weight.

Summerdayemissionsmeans an average day's emissions fora typical

summer work weekday. The state will selectthe particular month(s) in
summer andthe day(s) inthe work weekto be represented. The selectionof conditions should be coordinated with the conditions assumed in the development ofreasonable further

### 76556 Federal Register/Vol. 73, No. 243 /Wednesday, December 17, 2008/Rules and Regulations

progress (RFP) plans, rate ofprogress plans and demonstrations, and/or emissions budgets fortransportation conformity, to allow comparability of daily emission estimates.

Summer throughput(percent) means the part ofthroughput oractivity attributable to the three Summer months (June,July, August). See also the definition ofFallthroughput.

Total captureandcontrolefficiency (percent) means the net emission reduction efficiency ofall emissions collection devices.

Type A sourcemeans large point

sources with actual annual emissions greater than or equal to any ofthe emission thresholds listed in Table 1 of Appendix A ofthis subpart for Type A

sources. Ifa source is a Type A source forany pollutant listed inTable 1,then the emissions for all Table 1pollutants
mustbe reported forthat source.

UnitIDcodemeans aunique code for the unit ofgeneration ofemissions, typically a physical piece ofor a closely related set ofequipment. The EPA's reporting format for a given inventory
year may require multiple unit IDcodes
to ensure proper matching between databases, e.g., the state's own current and most recent unit ID codes, the EPAassigned unit IDcodes if any, and the ORIS (DepartmentofEnergy) ID code if applicable.

VMT bySCCmeans vehicle miles traveled disaggregated to the SCC level, i.e., reflecting combinations ofvehicle type and roadway class. Vehicle miles traveled expresses vehicle activity and is used with emission factors. The emission factors are usually expressed interms ofgrams per mile oftravel. Because VMT does not correlate directly
to emissions that occur while the vehicle is notmoving, nonmoving emissions are incorporated into the emission factors in EPA's MOBILE Model. VOC means volatile organic. compounds. The EPA's regulatory definition ofVOC is in 40 CFR 51.100.

Winterthroughput(percent) means the part ofthroughput or activity attributable to the three winter months (January,February, December ofthe

sameyear, e.g., winter 2005 is composed ofJanuary 2005, February 2005, andDecember 2005). See also the definition ofFall throughput.

Wk/yr in operationmeans weeks per year that the emitting process operates. Work weekdaymeans any day ofthe week except Saturday or Sunday.

Xstackcoordinate(longitude)means

an object's east-west geographical coordinate.

Ystackcoordinate(latitude) means

an object's north-south geographical coordinate. Appendix A to SubpartA ofPart51- 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 Atreatment

(1)S 2

.................................................................................................. ......................................................... _2500. (2) VOC
.................................................................................................. .......................................................... >250. (3) NOx

.............................................................................................................................................................. 2500. (4) CO
................................................................................................................................................................ >2500. (5) Pb

................................................................................................................................................................. Does not determine Type A status. (6) PM 1 0 .............................................................................................................................................................. _250. (7) PM 2.

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

### a250. (8) NH 3 2

.............................................................................................................................................................. (250.

1 tpy =Tons peryear 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 name

...................................................................................................................................................... / / (5) Contact phone number

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

.......................................................................................................................................................... / / (7) Facility IDcodes

................................................................................................................................................. / / (8) Unit IDcode

....................................................................................................................................................... / / (9) Process IDcode

................................................................................................................................................ / / (10) Stack IDcode

................................................................................................................................................... / / (11) Site name

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

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

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

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

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

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

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

............................................................. : .................................................................................... / / (19) Activity/throughput (foreach period reported)

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

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

.......................................................................................................... . / / (22) Annual emissions

............................................................................................................................................. / / (23) Emission 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) Winter throughput (percent)

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

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

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

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

............................................................................................................ .... ........... ...... ...... (29) Day/wkinoperation

...................................................................................................... .......... .......... / (30)Wk/yr inoperation

......................................................................................................... .. / (31) Xstack coordinate (longitude)

........................................................................................................ ./ (32) Ystack coordinate (latitude)

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

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

.................................................................................................................. ......... . ....... . ............ (35)Stack diameter
................................................................................................................... ... .... ........ ......... (36)E xit gas temperature
...... *

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

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

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

................................................................ ....... ...................................... (40) Design capacity (including boilercapacity ifapplicable)

.................................................... / (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) Winterwork weekday emissions of CO (if applicable)

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

TABLE 2b TO APPENDIX A OF SUBPART A-DATA ELEMENTS FOR REPORTING ON EMISSIONS FROM NONPOINT SOURCES AND NONROAD MOBILE SOURCES, WHERE REQUIRED BY 40 CFR 51.30

Data elements Every-year Three-year reporting reporting

(1) Inventory year ..... :.............................................................................................................................................. (2) Inventory start date

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

....................................................................................... / / (4) Contact name ........................................................... ... ... ........................... ....... ...... V (5) Contact phone number

...................................................................................................................................... / (6

) FIP S code

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

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

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

................................................. ;

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

......................................................................................................... . / / (11 ) Rule effectiveness (percent)

............................................................................................................................ / / (12)Rule penetration (percent)

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

.................................................................................................................................................. / (14) Ozone season emissions (ifapplicable)

.................................................... / (15) Summer day emissions (ifapplicable)

..................................................... / / (16)A nnual emissions

............................................................................................................................................. / / (17)Winter throughput (percent)

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

............................................................................................................................ / / (19)Summer throughput (percent)

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

.................................................................................................................................. / / (2

1)

Hrs/day in operation

......................................................................................................................................... / (22)D ays/wkin operation

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

.......................................................................................................................................... / / (24) Winter work weekday emissions of CO (ifapplicable)

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

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

.Contact name ...................................................................................................................................................... / / 5.

Contact phone number

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

### 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

.FIP S code

............................................................................................................................................................ / / 7

.SC C

..................................................................................................................................................................... / / 8

. E m

ission factor

.................................................................................................................................................... / / 9. A ctivity (V M

T by SCC )

....................................................................................................................................... / / 10

. Pollutantcode

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

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

.......................................... ............. / / 13. A nnual emissions

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

.............................................................................................................................. / / 15. Springthroughput (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 toread as follows: §51.122 Emissions reporting requirements for SIP revisions relating to budgetsfor NO, emissions.

(a)As used inthis 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 ofNOx emissions data to demonstrate whether the state's emissions are consistent with the projections contained inits approved SIP submission.

(1)For the every-year reporting cycle, each revision mustprovide for reporting ofNOx emissions data every year as follows:

(i) The state mustreport 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 thebaseline inventory for the year 2007 that the state developed in accordance with §51.121(g).

(ii) Ifsources reportNOx emissions data to EPA for a given year pursuant to

atrading program approved under §51.121(p) orpursuant to the monitoring and reporting requirements of40 CFR part 75, then the state need
notprovide 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 ofNOx emissions data from all sources within the state. (3) The data availability requirements in §51.116 must be followed for all data submitted tomeet the requirements of paragraphs (b)(1) and (2) ofthis section.

(d)The data reported in paragraph (b) ofthis section must meet the requirements ofsubpart A ofthis 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 ofozone season emissions.

(f) Reporting schedules. (1) Data collection is to begin during the ozone season 1year prior to the state's NOx SIP Call compliance date.

(2) Reports are to be submitted according to paragraph (b) ofthis section.

(3) Through 2011, reports are to be submitted according to the schedule in Table 1 of thisparagraph. After 2011, triennial reports are tobe 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 ofthe 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 ofthe inventory year, i.e., the 2009 inventory
mustbe reported to EPA byDecember 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. [FRDoc. 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 ofrule AM32-04b is to update Wisconsin's minor NSR construction permit program to include changes to implement some of the new elements ofthe 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