[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Rules and Regulations]
[Pages 8787-8799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03470]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2004-0489; FRL-9922-27-OAR]
RIN 2060-AR29


Revisions to the Air Emissions Reporting Requirements: Revisions 
to Lead (Pb) Reporting Threshold and Clarifications to Technical 
Reporting Details

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: This action finalizes changes to the Environmental Protection 
Agency's (EPA) emissions inventory reporting requirements. This action 
lowers the threshold for reporting lead (Pb) emissions sources as point 
sources, eliminates the requirement for reporting emissions from 
wildfires and prescribed fires, and replaces a requirement for 
reporting mobile source emissions with a requirement for reporting the 
input parameters that can be used to run the EPA models that generate 
emissions estimates. This action also reduces the reporting burden on 
state, local, and tribal agencies by removing the requirements to 
report daily and seasonal emissions in their submissions under this 
rule, while clarifying the requirement to report these emissions under 
pollutant-specific regulations. Lastly, this action modifies some 
emissions reporting requirements which we believe are not necessary for 
inclusion in the Air Emissions Reporting Requirements (AERR) rule or

[[Page 8788]]

are not clearly aligned with current inventory terminology and 
practices.

DATES: This final rule is effective on February 19, 2015.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2004-0489. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at the Air Emissions 
Reporting Requirements Docket, EPA/DC, WJC West Building, Room 3334, 
1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Ryan, Office of Air Quality 
Planning and Standards, Air Quality Assessment Division, Emissions 
Inventory and Analysis Group (C339-02), U.S. Environmental Protection 
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
4330; email: <a href="/cdn-cgi/l/email-protection#d5a7acb4bbfba7babb95b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="85f7fce4ebabf7eaebc5e0f5e4abe2eaf3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review
II. Background
III. Summary of Revisions
    A. Lower Point Source Threshold for Pb Emitters
    B. Elimination of Reporting for Wildfires and Prescribed Fires 
and Clarification for Reporting Agricultural Fires
    C. Reporting Emission Model Inputs for Onroad and Nonroad 
Sources
    D. Removal of Requirements To Report Daily and Seasonal 
Emissions
    E. Revisions To Simplify Reporting and Provide Consistency With 
EIS
IV. Response to Comments
    A. Lower Point Source Threshold for Pb Emitters
    B. Elimination of Reporting for Wildfires and Prescribed Fires 
and Clarification for Reporting Agricultural Fires
    C. Reporting Emission Model Inputs for Onroad Sources
    D. Reporting Emission Model Inputs for Nonroad Sources
    E. Removal of Requirements To Report Daily and Seasonal 
Emissions
    F. Revisions To Simplify Reporting and Provide Consistency With 
EIS
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulations and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by this action 
include:

 
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                                                CAICS
                  Category                     code \a\               Examples of regulated entities
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State/local/tribal government...............     92411   State, territorial, and local government air quality
                                                          management programs. Tribal governments are not
                                                          affected, unless they have sought and obtained
                                                          treatment as state status under the Tribal Authority
                                                          Rule and, on that basis, are authorized to implement
                                                          and enforce the Air Emissions Reporting Requirements
                                                          rule.
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\a\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action.\1\ This action requires states to report their emissions to us. 
It is possible that some states will require facilities within their 
jurisdictions to report emissions to the states. To determine whether 
your facility would be regulated by this action, you should examine the 
applicability criteria in 40 CFR 51.1. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
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    \1\ As prescribed by the Tribal Authority Rule (63 FR 7253, 
February 12, 1998), codified at 40 CFR part 49, subpart A, tribes 
may elect to seek Treatment as State (TAS) status and obtain 
approval to implement rules such as the AERR through a Tribal 
Implementation Plan (TIP), but tribes are under no obligation to do 
so. However, those tribes that have obtained TAS status are subject 
to the AERR to the extent allowed in their TIP. Accordingly, to the 
extent a tribal government has applied for and received TAS status 
for air quality control purposes and is subject to the AERR under 
its TIP, the use of the term state(s) in the AERR shall include that 
tribal government and use of the term State Implementation Plan(s) 
or SIP(s) shall include that TIP.
    Likewise, to the extent that air quality requirements are 
addressed by a local air agency instead of a state air agency and 
that local air agency is subject to the AERR under its SIP, the use 
of the term state(s) in the AERR shall include that local air 
agency.
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B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final rule will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of this final rule will be posted on 
the TTN's policy and guidance page for promulgated rules at the 
following address: http://www.epa.gov/ttn/chief/. The TTN provides 
information and technology exchange in various areas of air pollution 
control. If more information regarding the TTN is needed, call the TTN 
HELP Line at (919) 541-4814.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of this final rule is available by filing a petition for review in the 
U.S. Court of Appeals for the District of Columbia Circuit by April 20, 
2015. Under section 307(d)(7)(B) of the CAA, only an objection to this 
final rule that was raised with reasonable specificity during the 
period for public comment can be raised during judicial review.

[[Page 8789]]

Moreover, under section 307(b)(2) of the CAA, the requirements 
established by this action may not be challenged separately in any 
civil or criminal proceedings brought by the EPA to enforce these 
requirements.

II. Background

    The EPA proposed amendments to the AERR on June 20, 2013 (78 FR 
37164). In today's action, the EPA is amending the emissions inventory 
reporting requirements in 40 CFR part 51, subpart A, and in 40 CFR 
51.122. This action aligns the point source reporting threshold for Pb 
emissions sources in the AERR with the National Ambient Air Quality 
Standard (NAAQS) for Lead (73 FR 66964, November 12, 2008) and the 
associated Revisions to Lead Ambient Air Monitoring Requirements (75 FR 
81126, December 27, 2010). These amendments further improve the rule to 
both reduce burden on air agencies as well as make minor technical 
corrections that reflect what has been put into practice through 
existing electronic reporting implementation.
    Emissions inventories are critical for the efforts of state and 
federal agencies to attain and maintain the NAAQS for criteria 
pollutants, such as ozone, particulate matter (PM) and carbon monoxide 
(CO). To assist these efforts, the EPA initiated an effort in the early 
1990's to develop a central repository of inventory data for all states 
that is now known as the National Emissions Inventory (NEI). Emissions 
inventory data reported electronically under this rule are stored in 
the Emissions Inventory System (EIS) database and are used by the EPA 
and by states for air quality modeling, tracking progress in meeting 
CAA requirements, setting policy, and answering questions from the 
public. States often use the NEI as a starting point in developing 
emission inventories for support of state implementation plans (SIPs).
    Pursuant to its authority under sections 110 and 172 of the CAA, 
the EPA has required SIPs to include inventories containing information 
regarding criteria pollutant emissions and their precursors (e.g., 
volatile organic compounds (VOC)). The EPA codified these inventory 
requirements in subpart Q of 40 CFR part 51 in 1979 and amended them in 
1987.
    The 1990 Amendments to the CAA revised many of the CAA provisions 
related to the attainment of the NAAQS and the protection of visibility 
in Class I areas. These revisions established new periodic emission 
inventory requirements applicable to certain areas that were designated 
nonattainment for certain pollutants. For example, section 182(a)(3)(A) 
required states to submit an emission inventory every 3 years for 
Moderate ozone nonattainment areas beginning in 1993. Similarly, 
section 187(a)(5) required states to submit an inventory every 3 years 
for Moderate CO nonattainment areas.
    Prior regulations supporting the annual reporting needed for the 
NEI included the Consolidated Emissions Reporting Rule (CERR), which 
was promulgated by EPA in 2002, and codified in 40 CFR part 51, subpart 
A. These requirements replaced the requirements previously contained in 
subpart Q of 40 CFR part 51, expanding their geographic and pollutant 
coverages, while simplifying them in other ways. The CERR was the 
precursor to the AERR. The original AERR was promulgated in 2008 with 
the intent of streamlining various reporting requirements including 
those of section 182(a)(3)(A) for ozone nonattainment areas and section 
187(a)(5) for CO nonattainment areas, those under the NO<INF>X</INF> 
SIP Call (40 CFR 51.122), and the annual reporting requirements of the 
CERR.

III. Summary of Revisions

    This action lowers the threshold for reporting Pb emissions sources 
as point sources, eliminates the requirement for reporting emissions 
from wildfires and prescribed fires, and replaces a requirement for 
reporting mobile source emissions with a requirement for reporting the 
input parameters that can be used to run the EPA models that generate 
mobile source emissions estimates. This action also reduces the 
reporting burden on state, local, and tribal agencies by removing the 
requirements to report daily and seasonal emissions as part of their 
AERR submissions, while clarifying the requirement to report these 
emissions under pollutant-specific regulations (i.e., the 
NO<INF>X</INF> SIP Call, the Ozone Implementation Rule, and relevant CO 
maintenance plans). This action also modifies some emissions reporting 
requirements which we believe are not necessary or are not clearly 
aligned with current inventory terminology and practices.

A. Lower Point Source Threshold for Pb Emitters

    With this action, the EPA is lowering the point source threshold 
for Pb emissions to 0.5 tons per year (tpy) of actual emissions. The 
purpose of this change is to match requirements of the Pb Ambient Air 
Monitoring Requirements rule (75 FR 81126), which required monitoring 
agencies to install and operate source-oriented ambient monitors near 
Pb sources emitting 0.50 tpy or more by December 27, 2011. The EPA 
considers that the ambient monitoring rule threshold is 0.5 tons of 
actual emissions, therefore, this criterion is based on actual 
emissions rather than the potential-to-emit approach taken for other 
criteria pollutant and precursor thresholds. All criteria pollutants 
and precursors will continue to be required to be reported for any 
source meeting this new threshold for Pb.

B. Elimination of Reporting for Wildfires and Prescribed Fires and 
Clarification for Reporting Agricultural Fires

    With this action, the EPA is removing the requirement for reporting 
emissions for wildfire and prescribed fires. States may report these 
emissions voluntarily as event sources in the EIS, but states no longer 
have the option of reporting these emissions as nonpoint (countywide) 
sources. The EPA already provides nationwide estimates for wildfires 
and prescribed fires using information it has, so requiring states to 
also report these data is not necessary. States are encouraged to 
review and comment on the EPA's estimates, or to report their own 
estimates if they so choose.
    This action also clarifies that agricultural fires continue to be 
required to be reported, and that these sources must be reported as 
nonpoint sources. Agricultural fires cannot be reported as point 
sources or as event sources.

C. Reporting Emission Model Inputs for Onroad and Nonroad Sources

    With this action, the EPA is finalizing its proposal that states 
will no longer be required to submit mobile source emission estimates, 
but instead will submit the inputs for emissions models of onroad and 
nonroad mobile sources. This change applies to all states except 
California. Because California uses other models to reflect their 
additional regulatory requirements not reflected by the EPA models, 
California is required to report emissions values. The EPA models in 
use at the time of this action are the Motor Vehicle Emissions 
Simulator (MOVES) and the nonroad equipment model called NONROAD. The 
change to require model inputs from all states except California allows 
the EPA to use these data to run the latest version of the applicable 
models, even if those versions have been finalized after the model 
input data were collected. It also allows the EPA to generate 
consistent base year and future year emissions estimates, which the EPA 
needs to accurately assess benefits for new regulations and to make 
other

[[Page 8790]]

regulatory decisions that use air quality modeling. In addition, this 
action makes voluntary the reporting of emissions values for onroad and 
nonroad mobile sources for all states except California.

D. Removal of Requirements To Report Daily and Seasonal Emissions

    With this action, the EPA is removing the requirements from the 
AERR that states report daily and seasonal emissions, while still 
permitting states to submit such data voluntarily to the EIS. States 
may still elect to meet the emissions reporting requirements of the 
NO<INF>X</INF> SIP Call (40 CFR 51.122), the Ozone Implementation Rule 
(40 CFR part 51, subpart X), or the CO reporting required by the 
relevant CO maintenance plans through the AERR, but they are no longer 
required to do so. Each of these three underlying provisions already 
requires states to show and track consistency with the emissions 
projections contained in the approved SIP submissions, which can 
include daily or seasonal data, and also contains requirements for 
public review of SIP revisions. The EPA has eliminated a requirement in 
the AERR that, given specific public review and documentation 
requirements of those rules, made compliance with those rules through 
AERR submissions difficult. Thus, in implementing this change, the EPA 
is reducing burden for states that were having difficulty meeting both 
those SIP requirements and the previous additional AERR requirements, 
which were intended to meet the SIP requirements, but did not do so in 
all cases. States may continue to meet these SIP requirements 
separately or use the AERR submission to do so, as long as the AERR 
submission can meet these SIP requirements.
    However, as explained more fully below, in light of comments 
received, we have determined that additional changes to some of the 
underlying SIP implementation provisions are necessary to ensure that 
the requirement to report the necessary daily and seasonal emissions is 
included in those underlying rules. Specifically, while the final AERR 
revision rule removes ozone season emissions and summer day emissions 
definitions and associated reporting requirements from the AERR 
provisions in 40 CFR Subpart A, we are also finalizing changes that 
will move the relevant definitions and reporting requirement for summer 
day emissions to the ozone reporting requirements in the Ozone 
Implementation Rule (40 CFR 51.900 (definitions) and 51.915 (inventory 
requirements)) and for ozone season emissions and summer day emissions 
to the NO<INF>X</INF> SIP Call reporting requirements in 40 CFR 51.122.

E. Revisions To Simplify Reporting and Provide Consistency With EIS

    The previous version of the AERR was finalized prior to the EPA 
finalizing the design details of the EIS data system that is used to 
collect and store the required data. With this action, the EPA is 
changing the tables of pollutants and data elements included in 
Appendix A to be consistent with the EIS through removals, name 
changes, and additions. Overall, these changes reduce burden for 
states, though, as noted below in the summary of EPA's responses to 
comments on the proposed rule (which is based on the comprehensive 
Response to Comments document that is available in the docket for this 
rule), some changes may add a small amount of additional burden for 
some states.
1. Revised Formats for Appendix A Tables
    The EIS data system was designed such that data elements that had 
not changed from one reporting period to the next did not need to be 
re-submitted, and only data elements that changed needed to be 
reported. This streamlined reporting structure, along with the 
terminology changes, requirements deletions, and other consistency 
revisions described above, created a need for the EPA to revise Tables 
1, 2a, 2b and 2c in Appendix A of the AERR. Table 1 still defines the 
emissions thresholds that determine the Type A point source emissions 
required to be reported each year. In addition, Table 1 now includes 
the thresholds used to determine the Type B sources required to be 
reported as point sources every third year. These Type B point source 
thresholds had previously been included as part of the definition of 
the term ``point source.'' In the revised Table 1, we have clarified 
the name of the two PM pollutants by including ``primary.'' This is 
consistent with the existing list of required pollutants described in 
40 CFR 51.15.
    Table 2a has been revised to include only the point source facility 
inventory data elements that are required to be in EIS, without regard 
to either the every-year or every third year reporting cycles, since 
these elements need only be reported for any new point source or when 
any change occurs at an existing point source. The emissions data 
element requirements for point sources from Table 2a have been combined 
with the emissions requirements for the other three emissions source 
types in Table 2b. These changes have allowed the information 
previously contained in Table 2c to move to Table 2b and for Table 2c 
to be eliminated. We have also eliminated the separate columns for 
``Every-year reporting'' and ``Three-year reporting'' from Tables 2a 
and 2b. Those reporting cycle distinctions were only applicable to Type 
A point sources, and with the revisions, Table 1 now describes all of 
the necessary distinctions.
2. Addition of New Facility Inventory Elements
    This action adds Facility Site Status, Release Point Status, and 
Unit Status data elements to the Facility Inventory data elements 
listed in Table 2a, along with the year in which any of these three 
data elements change from one status to another. The operating status 
is used by the states to indicate whether emissions reports should 
continue to be expected for a facility, emissions unit, or a release 
point, or the reason why emissions will not be reported after the year 
indicated.
    We are also adding Aircraft Engine Type, Unit Type, and Release 
Point Apportionment Percent to Table 2a. The addition of Aircraft 
Engine Type is to support the EPA's interest in the EPA's calculating 
and using point source emissions from aircraft at airports. This change 
does not imply a requirement for states to submit aircraft as point 
sources. The EPA provides landing and takeoff data for state review and 
encourages the states to review and update those data in support of 
EPA's calculation of aircraft emissions. Such review would meet the 
states' reporting obligation for aircraft emissions. However, the 
states' requirement can also be met by submitting aircraft emissions as 
nonpoint sources. If states choose to submit their own point source 
estimates, this change means they would have to provide the Aircraft 
Engine Type code and the source classification code (SCC) to completely 
specify the emitting process.
    Unit Type is being added to more easily and explicitly identify the 
type of emission unit producing the emissions than can be inferred from 
the SCC alone. To reduce burden associated with this new field, we have 
also limited the existing requirement for reporting the Unit Design 
Capacity for all units to only reporting capacities for a limited 
number of key unit types (e.g., boilers). The Unit Type data element is 
necessary for the EIS data system to be able to confirm the presence of 
a value for the Unit Design Capacity element, since the Unit Design 
Capacity element is required only for certain Unit Types (e.g., 
boilers).

[[Page 8791]]

    The Release Point Apportionment Percent is being added to 
officially implement a feature added to the EIS at the request of some 
state data reporters. This data element allows states to split the 
emissions from a single emission process to multiple release points by 
reporting the percentage of emissions going to each release point.
3. Addition of New Emissions Elements
    This action adds five new data elements to Table 2b, of which four 
are minor extensions or clarifications of existing requirements 
necessary to avoid ambiguity in the EIS data system. The EPA believes 
that these new items will not add a significant new information 
collection burden. As described in the response to comments summary 
below and the comprehensive Response to Comments document that is 
available in the docket for this rule, the EPA provides options to 
states to greatly reduce any burden for these additional data elements. 
The four data elements are: Shape Identifiers, Emission Type, Reporting 
Period Type, and Emission Operating Type.
    Shape Identifiers are a more detailed method of identifying the 
geographic area for which emissions are being reported for nonpoint 
sources, instead of using the entire county. The EPA believes that they 
are needed for a small number of nonpoint source types, such as rail 
lines, ports, and underway vessels, which occur only in a small and 
identifiable portion of a full county. Although states are still 
required to report emissions for these sources, this action also adds 
an option for states to meet the reporting requirement by accepting the 
EPA's estimates for the sources for which the EPA makes calculations. 
For the nonpoint sources needing the more geographically-detailed 
emissions with Shape Identifiers, the EPA provides tables describing 
the geographic entities and their Shape Identifiers and has emissions 
estimates for each of the entities. If states choose to submit their 
own estimates, they must now provide the extra geographic detail 
described by the Shape Identifiers.
    Emission Type is a code that is a further level of detail of the 
existing required element SCC, which describes the emitting processes. 
We have also revised the definition of this term in 40 CFR 51.50, since 
the previous definition erroneously described the Reporting Period Type 
and not the Emission Type.
    Reporting Period Type is a code that identifies whether the 
emissions being reported are an annual total or one of the seasonal or 
daily type emissions that we are proposing to make optional, although 
reporting of such emissions may still be required as part of the 
state's implementation of a NAAQS. This addition replaces the erroneous 
use of the name ``Emission Type'' to describe this data element in the 
previous version of the AERR, as described above. The Reporting Period 
Type is necessary for states to distinguish the required annual 
emissions from the optional sub-annual emissions.
    Emission Operating Type is a data element for point sources that 
indicates whether the emissions are associated with routine operations, 
or a shutdown, startup, or upset. It is necessary for the data system 
to distinguish between the minimally required routine emissions and the 
other optional operating types that the EIS can also accept.
    This action also adds the Emissions Calculation Method as an 
additional fifth data element to the Table 2b emissions requirements. 
This element is required for point and nonpoint sources. It is a code 
that indicates how each emissions value was estimated or determined 
(e.g., by continuous emissions monitor, by a stack test, or by an 
average emission factor). The EPA has determined that this element is 
needed to evaluate the adequacy of any emissions value for the stated 
purposes of the NEI and to allow the EPA to select the most reliable 
emissions value where more than one is available. State reporters 
should have this value easily available to them because they are 
selecting the calculation method, so adding it to their electronic 
submittals should cause only a minimal amount of added burden.
4. Clarification of Element Names and Usage for Controls
    This action revises the data element names and clarifies the usage 
conventions for four data elements related to emissions control devices 
for the point source facility inventory elements. The single Percent 
Control Approach Capture Efficiency and a Percent Control Measures 
Reduction Efficiency for each pollutant are now required, where 
controls exist. These elements replace the previously required Primary 
Capture and Control Efficiency and Total Capture and Control Efficiency 
elements. The Percent Control Approach Capture Efficiency is now 
reported once as a stand-alone element, rather than being combined with 
each pollutant's Reduction Efficiency. This change reflects how the EIS 
data system addresses the situation and we believe it is a more 
practical and reasonable approach, since it allows states to report the 
individual reduction efficiencies as separate data elements rather than 
reporting only combined values that are computed from the separate 
reduction efficiencies.
    In addition, this action adds a new Control Pollutant data element, 
which allows states to indicate the pollutant for which the Control 
Measure Reduction Efficiency is provided. This action also revises the 
names of previously required point source elements. Control Device Type 
and Rule Effectiveness have been renamed to Control Measure and Percent 
Control Approach Effectiveness, respectively.
    This action also finalizes similar terminology and usage 
conventions for the nonpoint sources emission control data elements. 
Consistent with point sources, Control Measure and Control Pollutant 
are now also required for nonpoint sources. Finally, the former 
nonpoint data element Total Capture and Control Efficiency is now 
renamed to Percent Control Measures Reduction Efficiency, and Rule 
Effectiveness is renamed Percent Control Approach Effectiveness, 
consistent with the point source names.
5. Revisions to Other Facility Inventory Element Names
    This action finalizes revisions to some of the terms in the point 
source facility inventory Table 2a to clarify their meaning and promote 
consistency with the EIS data system names. We are renaming the element 
FIPs Code to State and County FIPs Code and are permitting a Tribal 
Code element to be reported rather than the State and County FIPs Code 
when applicable. For each of the five existing stack and exit gas data 
elements, we are adding ``Release Point'' to the names to be consistent 
with EIS names. We are adding five Unit of Measure data elements, one 
for each of the existing numerical stack and exit gas data elements, in 
order to formalize the only reasonable interpretation of the prior rule 
requirements. The rule now requires reporting of the units of measure 
along with the numerical values. In addition, the Emission Type data 
element in the prior rule's Table 2a is now renamed Emission Operating 
Type and is now moved to Table 2b since it describes the emissions 
reported, not the facility. This action also clarifies that the 
requirement for Physical Address is implemented in the EIS data system 
through the use of four separate data elements: Location Address, 
Locality Name, State Code, and Postal Code.

[[Page 8792]]

6. Revisions To Simplify Reporting and Reduce Burden
    This action revises some data elements in the point source facility 
inventory in Table 2a to simplify reporting and reduce burden. Either 
the Exit Gas Velocity or Exit Gas Flow Rate is now required, but not 
both. Because the Release Point Stack Diameter is also required, it is 
possible for users to derive the velocity or the flow rate from the 
other value, and so it is not necessary for states to report both. This 
action now requires the X Facility Coordinate (longitude) and the Y 
Facility Coordinate (latitude) rather than the previous requirement for 
X Stack Coordinate (longitude) and Y Stack Coordinate (latitude). 
Burden is reduced by requiring only a single facility location rather 
than locations for each stack or release point. It has been the EPA's 
experience that most states do not have accurate location values for 
each individual release point within a facility; instead they 
frequently report the same locations for all stacks within a facility. 
Furthermore, the vast majority of facilities are geographically small 
enough that such a simplification does not reduce the usefulness of the 
data for most inventory purposes. Although we are finalizing the 
requirement that only facility locations need to be reported, we 
encourage states voluntarily to report stack locations where those data 
are available. The EPA may also add individual stack locations where 
the agency believes it has accurate data (e.g., when provided in 
Information Collection Requests).
    Lastly, to reduce burden, this action eliminates the requirement to 
report several data elements: Inventory Start Date and End Date; 
Contact Name and Phone Number; and the four seasonal throughput 
percents. States may optionally report this information. In addition, 
for the point, nonpoint, and nonroad source types, we have removed the 
requirement to report three operating schedule elements: Hours per Day, 
Days per Week, and Weeks per Year. Also for the point source type, we 
have removed the requirement to report the following data elements: 
Heat Content, Ash Content, Sulfur Content, Method Accuracy Description 
Codes, and Maximum Generator Nameplate Capacity. The EPA believes that 
the usefulness of the remaining data is not significantly impacted by 
not collecting these data from the states, but we note that states 
still have the option to report them if those data are available.
    Three additional data elements are now voluntary rather than 
required under the AERR for all four emissions source types, for the 
reasons described in section D above: Summer Day Emissions, Ozone 
Season Emissions, and Winter Work Weekday Emissions. However, all of 
the data elements that are no longer required to be reported under the 
AERR may still be voluntarily reported to the EIS data system.

IV. Response to Comments

    In response to our notice of proposed rulemaking, we received 
comments from 11 commenters: 10 state agencies and one corporation. The 
EPA carefully considered all comments in developing the final 
amendments. The EPA has provided a comprehensive Response to Comments 
document that is available in the docket for this rule. This section 
provides a high-level summary of significant comments and the EPA's 
responses to those comments.

A. Lower Point Source Threshold for Pb Emitters

    We proposed to change the reporting threshold for point sources of 
Pb from 5 tpy to 0.5 tpy of Pb potential emissions. The EPA received 
comments supporting the proposal, as well as comments recommending 
alternative approaches. Some comments requested that the EPA consider 
that the ambient monitoring rule threshold is 0.5 tons of actual 
emissions, and thus the goal of aligning with that rule would be better 
met using a 0.5 tpy threshold for actual emissions rather than 
potential emissions. After considering all comments, the EPA is 
finalizing a 0.5 tpy of actual emissions threshold for reporting Pb 
emissions as point sources to better reflect available state emissions 
inventories.

B. Elimination of Reporting for Wildfires and Prescribed Fires and 
Clarification for Reporting Agricultural Fires

    The EPA proposed to eliminate the requirement for reporting 
emissions from wildfires and prescribed fires, to eliminate the 
reporting of these sources as nonpoint sources, and to clarify that 
agricultural fires must be reported as nonpoint sources. These proposed 
changes would reduce the reporting burden for states, because the EPA 
already calculates emissions from these sources, using national, 
satellite-based methods. Seven commenters supported the proposed 
elimination of the requirement to report emissions from wildfires and 
prescribed fires. One of these commenters further requested that the 
EPA retain the option for states to submit their fire emissions. 
Another commenter recommended that prescribed fires be allowed to be 
reported to the nonpoint data category. The EPA agrees that states 
should have the option of reporting fire emissions and the proposal 
allowed for that possibility. We do not believe that allowing both 
event-based and nonpoint reporting for prescribed fires is a viable 
approach, because such an approach would increase complexity of the 
inventory process by requiring the EPA to prevent double-counting 
across event-based and nonpoint-based submissions. After consideration 
of the comments, the EPA is finalizing this section of the rule as 
proposed.

C. Reporting Emission Model Inputs for Onroad Sources

    We proposed to require model inputs from all states (except 
California) for the onroad mobile sources model MOVES, rather than 
require emissions values, and to permit the optional additional 
reporting of emissions values. Six commenters supported this approach. 
One state objected to the requirement for inputs for MOVES, noting that 
its approaches to modeling onroad emissions exceed the detail that the 
EPA would be able to replicate using the MOVES inputs alone, and 
recommended that EPA should allow either model inputs or emissions 
values for states to fulfill their reporting requirements.
    The EPA believes that allowing emissions values instead of model 
inputs does not sufficiently address the EPA's needs for such onroad 
model input data. The MOVES model provides a large degree of 
flexibility regarding how to run the model, and while different run 
approaches can result in different estimates of emissions values, no 
one approach is superior to the others. The commenting state's use of 
finely resolved modeling approaches is no different from that of many 
states with nonattainment areas, for which detailed approaches are 
being used for state implementation plans. As we noted in the proposal, 
and also explain in the comprehensive Response to Comments document 
that is available in the docket for this rule, providing model inputs 
will meet a number of the EPA's needs that are essential to overall air 
quality responsibilities, including improving the accuracy and 
timeliness of the EPA's air quality planning efforts, allowing the EPA 
to use the latest versions of the applicable models to generate the 
most accurate emissions values, which are used in a variety of required 
implementation and planning activities, and allowing the EPA to 
generate consistent base year and future year emissions estimates, 
which are necessary for performing accurate benefits estimates for new 
rules (see 78

[[Page 8793]]

FR 37167). Thus, this final rule includes a requirement for all states, 
except California, to report their onroad model input data, requires 
California to report emissions values (because California's EPA-
approved model uniquely supports California onroad mobile regulations), 
and allows emissions values data to be reported optionally in addition 
for all other states.

D. Reporting Emission Model Inputs for Nonroad Sources

    We additionally proposed to require all states (except California) 
to provide inputs for the EPA-developed nonroad mobile sources model 
such as the National Mobile Inventory Model (NMIM), rather than require 
emissions values, and to permit the optional additional reporting of 
emissions values. Six commenters supported this approach. One state 
objected to the requirement for inputs for NONROAD, noting that they 
developed an improved nonroad emissions approach. They further 
commented that states should be able to meet their nonroad reporting 
requirement by reporting emissions values or model inputs.
    The EPA disagrees with the comment that emissions values should be 
allowed in place of model inputs for several reasons. First, ongoing 
changes to the EPA-approved nonroad modeling to use MOVES means that 
all states will have to adapt to new formats in upcoming AERR every 
third year cycles. Second, the EPA's approved nonroad approaches are 
considered valid for all states except California, where state-specific 
nonroad source regulations cannot be modeled by the EPA model(s). Thus, 
even if states voluntarily develop their own approaches, the EPA's 
nonroad approach is still a valid approach in those states and inputs 
can be prepared. Third, the suggestion to submit only emissions values 
does not address the EPA need to have inputs for estimating consistent 
base and future-year emissions. Finally, for states that believe their 
emissions values from their own approaches are better than values that 
might be created by the EPA by using the inputs, those states may 
optionally submit those emissions values as well for use by the EPA. 
Thus, this final rule (1) requires all states, except California, to 
provide nonroad model inputs in the formats supported by the latest EPA 
nonroad models in accordance with guidance provided for a given every 
third year NEI cycle, (2) requires California to report nonroad 
emissions values (because state-specific nonroad source regulations 
cannot be modeled by the EPA models), and (3) allows additional 
emissions values data to be reported optionally for all other states.

E. Removal of Requirements To Report Daily and Seasonal Emissions

    The EPA proposed to remove requirements to submit daily and 
seasonal emissions from the AERR because those requirements are 
duplicative in light of similar requirements of the underlying 
pollutant-specific implementation rules (including CO maintenance 
plans). These underlying rules already require states to show and track 
consistency with the emissions projections contained in the approved 
SIP submissions, and also contain requirements for public review of SIP 
revisions. Two commenters stated support for the proposed changes, with 
one of those noting inconsistencies with proposed changes to the ozone 
implementation rule. Four commenters disagreed with the EPA's proposed 
change to remove the summer day emissions requirement, with some of 
those commenters also noting that the definition of summer day 
emissions in the AERR was referenced by the proposed ozone 
implementation rule. One commenter stated that AERR submissions can be 
used as a way to demonstrate milestone year compliance for ozone or CO 
nonattainment areas. Another commenter indicated that since the 
NO<INF>X</INF> SIP Call does not contain specific data reporting 
requirements and instead refers to the AERR for those requirements (see 
40 CFR 51.122(f)), deleting the summer day emissions reporting in the 
AERR would not allow for proper implementation of the NO<INF>X</INF> 
SIP Call. In addition, a commenter noted that the proposed AERR did not 
explicitly list the NO<INF>X</INF> SIP call as an optional source of 
submitted data intended to meet compliance with that rule.
    As a result of these comments, the EPA intends to ensure that the 
requirements for the ozone implementation rule and NO<INF>X</INF> SIP 
Call are clear and that terms for mandatory emissions fields are 
defined in a pollutant-specific regulation, or in the relevant 
maintenance plan for CO. The EPA believes that the appropriate place 
for addressing pollutant-specific daily and seasonal reporting 
requirements is not the general AERR, but rather the underlying 
pollutant-specific implementation rules. Thus, we are not including 
those definitions or requirements in the final AERR. In addition, the 
EPA notes that while summer and winter daily emissions and seasonal 
emissions are no longer required by the AERR, air agencies may 
voluntarily report such data to EPA. Allowing such voluntary 
submissions will continue to support areas that would like to use those 
submissions to meet the requirements of other rules or plans.
    When we proposed this revision, we assumed that the requirement to 
report specific daily and seasonal emissions was also addressed in the 
underlying pollutant-specific implementation rules, as well as the 
AERR. However, in light of these comments, we realize that the 
requirement to report these daily and seasonal emissions is not also 
contained in some of the underlying SIP implementation rules. The EPA 
continues to believe it is not necessary to require reporting of these 
emissions as part of the AERR and that it makes more sense to define 
and require reporting of the emissions required for compliance with 
specific SIP implementation rules within those rules themselves, or 
within the relevant maintenance plan. As a logical outgrowth of these 
comments and the fact that we did not propose to remove completely 
these pollutant-specific requirements--only to remove unnecessary 
duplication in the AERR--we are making additional changes to the 
underlying ozone implementation and NO<INF>X</INF> SIP Call rules. 
Accordingly, this final rule removes the ozone season emissions and 
summer day emissions definitions and reporting requirements from the 
AERR provisions in 40 CFR Subpart A, while also finalizing changes that 
will move the relevant definitions and reporting requirement to address 
summer day emissions to the ozone reporting requirements in 40 CFR 
51.900 and 51.915 and to address ozone season emissions and summer day 
emissions in the NO<INF>X</INF> SIP Call reporting requirements in 40 
CFR 51.122. As for CO winter work weekday emissions, since all CO areas 
have been redesignated to maintenance areas as of September 27, 2010, 
any requirements to report those emissions will exist in the relevant 
CO maintenance plans. As no comments identified specific CO-related 
deficiencies, especially as related to CO regulations or maintenance 
plans that would be impacted by these revisions, there is no indication 
that similar changes to underlying regulations are needed to address 
winter work day emissions.

F. Revisions To Simplify Reporting and Provide Consistency With EIS

    The EPA proposed to remove required data elements from Tables 2a, 
2b, and 2c. One commenter stated support for these changes. Another 
commenter stated support but also suggested the

[[Page 8794]]

EPA maintain the requirements for parameters related to state end dates 
and other operating schedule parameters to reduce the assumptions that 
reported emissions occurred over the entire year. The EPA acknowledges 
that the operating parameters can be useful information for certain 
non-annual sources. However, the vast majority of sources operate on a 
fairly predictable pattern for the entire year, with only a small 
portion operating a partial year or with an unusual schedule. While the 
operating parameter information can be voluntarily reported for such 
sources, the EPA disagrees that requiring such fields for all sources 
makes sense in light of the low prevalence of non-annual sources.
    The EPA also proposed to add new emissions elements. One commenter 
supported the addition of Aircraft Engine Type, Unit Type, and Release 
Point Apportionment Percent to the Facility Inventory data element 
tables. One commenter expressed concern over these additions, noting 
additional burden associated with reporting details about airport 
emissions. Two commenters did not support the requirement for using 
Shape Identifiers for some nonpoint categories because of the 
additional resource burden. Other commenters had various minor comments 
related to these changes. The EPA clarifies that the addition of fields 
that support the reporting of airport emissions as point sources does 
not change the sources that will need to be reported as point sources. 
Most airports still do not need to be reported as point sources because 
their stationary source emissions will not exceed the potential-to-emit 
thresholds in this rule. Furthermore, the EPA notes that we provide air 
agencies with all of the information about aircraft engine types to use 
in considering their airport emissions estimates, which should reduce 
any burdens associated with this change.
    Regarding the change to require Shape Identifiers, we acknowledge 
there is some increased level of detail associated with reporting 
shapes rather than county totals. However, the EPA has minimized the 
resource burden overall by providing agencies with a table of factors 
to easily allocate from county emissions to shapes, based on the EPA's 
estimated geographic allocations. The EPA also provides assistance to 
air agencies that might prefer to submit county estimates, by helping 
to prepare allocations and data files for states to submit. Thus, the 
EPA is finalizing the changes as proposed.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulations and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, 
therefore, not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this rule under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2170.05. You can find a copy of the ICR 
in the docket for this rule, and it is briefly summarized here.
    The ICR collects air emissions and related information from state 
and local agencies for emissions sources of oxides of nitrogen, carbon 
monoxide, sulfur dioxide, volatile organic compounds, particulate 
matter less than or equal to 10 micrometers in diameter, particulate 
matter less than or equal to 2.5 micrometers in diameter, and ammonia.
    Every 3 years, state and local air agencies are required to submit 
a point source inventory, as well as a statewide stationary nonpoint, 
onroad mobile, and nonroad mobile source inventory for all criteria 
pollutants and their precursors. The emissions data submitted for the 
annual and 3-year cycle inventories are used by EPA's Office of Air 
Quality Planning and Standards to assist in developing the NEI, 
performing regional modeling for various regulatory purposes, and 
preparing national trends assessments and other special analyses and 
reports. Additionally, states are required to report larger point 
sources annually, using emissions thresholds set in the reporting rule.
    Respondents/affected entities: State and local air agencies.
    Respondent's obligation to respond: Mandatory as per 40 CFR part 
51.
    Estimated number of respondents: 104.
    Frequency of response: Annual, with additional requirements 
triennially.
    Total estimated burden: 69,140 hours (per year in triennial years). 
Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $5,567,043 (per year), includes $1,166,480 
annualized capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any new requirements on small entities. This 
action corrects and clarifies emissions reporting requirements and 
provide states with additional flexibility in how they collect and 
report their emissions data, thereby reducing overall collection and 
reporting burdens and their associated costs.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action imposes no requirements on tribal 
governments. The amendments correct and clarify emissions reporting 
requirements and provide states with additional flexibility in how they 
collect and report their emissions data. Under the Tribal Authority 
Rule, tribes are not required to report their emissions to us, except 
in cases in which a tribal government voluntarily elected to apply for 
and received ``Treatment as State'' status for air quality control 
purposes and is subject to the AERR under its Tribal Implementation 
Plan. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 because it does 
not concern

[[Page 8795]]

an environmental health risk or safety risk. The amendments correct and 
clarify emissions reporting requirements and provide states with 
additional flexibility in how they collect and report their emissions 
data.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. This action corrects and clarifies 
emissions reporting requirements and provides states with additional 
flexibility in how they collect and report their emissions data.

I. National Technology Transfer and Advancement Act

    This action does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action will not have disproportionately 
high and adverse human health or environmental effects on minority or 
low-income populations because it does not affect the level of 
protection provided to human health or the environment. This action 
establishes information reporting procedures for emissions of criteria 
air pollutants from stationary and mobile sources.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practices and procedure, 
Air pollution control, Intergovernmental relations, Nitrogen oxides, 
Ozone, Particulate matter, Regional haze, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Dated: February 6, 2015.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
51 of the Code of Federal Regulations is amended as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Subpart A--Air Emissions Reporting Requirements


Sec.  51.10  [Removed and reserved]

0
2. Remove and reserve Sec.  51.10.
0
3. In Sec.  51.15:

0
a. Revise paragraphs (a)(2), (a)(3), (a)(4), (b)(2), (b)(3), (b)(4), 
and the first sentence in paragraphs (c) and (d).
0
b. Remove paragraphs (a)(5) and (e).
    The revisions read as follows:


Sec.  51.15  What data does my state need to report to EPA?

    (a) * * *
    (2) A state may, at its option, choose to report NO<INF>X</INF> and 
VOC summer day emissions (or any other emissions) as required under the 
Ozone Implementation Rule or report CO winter work weekday emissions 
for CO nonattainment areas or CO attainment areas with maintenance 
plans to the Emission Inventory System (EIS) using the data elements 
described in this subpart.
    (3) A state may, at its option, choose to report ozone season day 
emissions of NO<INF>X</INF> as required under the NO<INF>X</INF> SIP 
Call and summer day emissions of NO<INF>X</INF> that may be required 
under the NO<INF>X</INF> SIP Call for controlled sources to the EIS 
using the data elements described in this subpart.
    (4) A state may, at its option, include estimates of emissions for 
additional pollutants (such as hazardous air pollutants) in its 
emission inventory reports.
    (b) * * *
    (2) Nonpoint. States may choose to meet the requirements for some 
of their nonpoint sources by accepting the EPA's estimates for the 
sources for which the EPA makes calculations. In such instances, states 
are encouraged to review and update the activity values or other 
calculational inputs used by the EPA for these sources.
    (3) Onroad and Nonroad mobile. (i) Emissions for onroad and nonroad 
mobile sources must be reported as inputs to the latest EPA-developed 
mobile emissions models, such as the Motor Vehicle Emissions Simulator 
(MOVES) for onroad sources or the NMIM for nonroad sources. States 
using these models may report, at their discretion, emissions values 
computed from these models in addition to the model inputs.
    (ii) In lieu of submitting model inputs for onroad and nonroad 
mobile sources, California must submit emissions values.
    (iii) In lieu of submitting any data, states may accept existing 
EPA emission estimates.
    (4) Emissions for wild and prescribed fires are not required to be 
reported by states. If states wish to optionally report these sources, 
they must be reported to the events data category. The events data 
category is a day-specific accounting of these large-scale but usually 
short duration emissions. Submissions must include both daily emissions 
estimates as well as daily acres burned values. In lieu of submitting 
this information, states may accept the EPA estimates or they may 
submit inputs (e.g., acres burned, fuel loads) for us to use in the 
EPA's estimation approach.
    (c) Supporting information. You must report the data elements in 
Tables 2a and 2b in Appendix A of this subpart. * * *
    (d) Confidential data. We do not consider the data in Tables 2a and 
2b in Appendix A of this subpart confidential, but some states limit 
release of these types of data. * * *

0
4. In Sec.  51.20, revise paragraphs (b) and (d) to read as follows:


Sec.  51.20  What are the emission thresholds that separate point and 
nonpoint sources?

* * * * *
    (b) Sources that meet the definition of point source in this 
subpart must be reported as point sources. All pollutants specified in 
Sec.  51.15(a) must be reported for point sources, not just the 
pollutant(s) that qualify the source as a point source.
* * * * *
    (d) All stationary source emissions that are not reported as point 
sources must be reported as nonpoint sources. Episodic wind-generated 
particulate matter (PM) emissions from sources that are not major 
sources may be excluded, for example dust lifted by high winds from 
natural or tilled soil. Emissions of nonpoint sources should be 
aggregated to the resolution required by the EIS as described in the 
current National Emission Inventory (NEI) inventory year plan posted at 
http://www.epa.gov/ttn/chief/eiinformation.html. In most cases, this is 
county level and must be separated and identified by source 
classification code (SCC). Nonpoint source categories or emission 
events reasonably estimated by the state to represent a de minimis 
percentage of

[[Page 8796]]

total county and state emissions of a given pollutant may be omitted.
    (1) The reporting of wild and prescribed fires is encouraged but 
not required and should be done via only the ``Events'' data category.
    (2) Agricultural fires (also referred to as crop residue burning) 
must be reported to the nonpoint data category.

0
5. Revise Sec.  51.30 to read as follows:


Sec.  51.30  When does my state report which emissions data to EPA?

    All states are required to report two basic types of emission 
inventories to the EPA: An every-year inventory; and a triennial 
inventory.
    (a) Every-year inventory. See Tables 2a and 2b of Appendix A of 
this subpart for the specific data elements to report every year.
    (1) All states are required to report every year the annual (12-
month) emissions data described in Sec.  51.15 from Type A (large) 
point sources, as defined in Table 1 of Appendix A of this subpart. The 
first every-year cycle inventory will be for the 2009 inventory year 
and must be submitted to the EPA within 12 months, i.e., by December 
31, 2010.
    (2) In inventory years that fall under the triennial inventory 
requirements, the reporting required by the triennial inventory 
satisfies the every-year reporting requirements of paragraph (a) of 
this section.
    (b) Triennial inventory. See Tables 2a and 2b to Appendix A of 
subpart A for the specific data elements that must be reported for the 
triennial inventories.
    (1) All states are required to report for every third inventory 
year the annual (12-month) emissions data as described in Sec.  51.15. 
The first triennial inventory will be for the 2011 inventory and must 
be submitted to the EPA within 12 months, i.e., by December 31, 2012. 
Subsequent triennial inventories (2014, 2017, etc.) will be due 12 
months after the end of the inventory year, i.e., by December 31 of the 
following year.
    (2) [Reserved]

0
6. Revise Sec.  51.35 to read as follows:


Sec.  51.35  How can my state equalize the emission inventory effort 
from year to year?

    (a) Compiling a triennial inventory means more effort every 3 
years. As an option, your state may ease this workload spike by using 
the following approach:
    (1) Each year, collect and report data for all Type A (large) point 
sources (this is required for all Type A point sources).
    (2) Each year, collect data for one-third of your sources that are 
not Type A point sources. Collect data for a different third of these 
sources each year so that data has been collected for all of the 
sources that are not Type A point sources by the end of each 3-year 
cycle. You must save 3 years of data and then report all emissions from 
the sources that are not Type A point sources on the triennial 
inventory due date.
    (3) Each year, collect data for one-third of the nonpoint, nonroad 
mobile, and onroad mobile sources. You must save 3 years of data for 
each such source and then report all of these data on the triennial 
inventory due date.
    (b) For the sources described in paragraph (a) of this section, 
your state will have data from 3 successive years at any given time, 
rather than from the single year in which it is compiled.
    (c) If your state chooses the method of inventorying one-third of 
your sources that are not Type A point sources and triennial inventory 
nonpoint, nonroad mobile, and onroad mobile sources each year, your 
state must compile each year of the 3-year period identically. For 
example, if a process has not changed for a source category or 
individual plant, your state must use the same emission factors to 
calculate emissions for each year of the 3-year period. If your state 
has revised emission factors during the 3 years for a process that has 
not changed, you must compute previous years' data using the revised 
factor. If your state uses models to estimate emissions, you must make 
sure that the model is the same for all 3 years.

0
7. Revise Sec.  51.40 to read as follows:


Sec.  51.40  In what form and format should my state report the data to 
EPA?

    You must report your emission inventory data to us in electronic 
form. We support specific electronic data reporting formats, and you 
are required to report your data in a format consistent with these. The 
term ``format'' encompasses the definition of one or more specific data 
fields for each of the data elements listed in Tables 2a and 2b in 
Appendix A of this subpart; allowed code values for certain data 
fields; transmittal information; and data table relational structure. 
Because electronic reporting technology may change, contact the EPA 
Emission Inventory and Analysis Group (EIAG) for the latest specific 
formats. You can find information on the current formats at the 
following Internet address: http://www.epa.gov/ttn/chief/eis/2011nei/xml_data_eis.pdf. You may also call the air emissions contact in your 
EPA Regional Office or our Info CHIEF help desk at (919) 541-1000 or 
send email to <a href="/cdn-cgi/l/email-protection#a0c9cec6cf8ec3c8c9c5c6e0c5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="1970777f76377a71707c7f597c6978377e766f">[email protected]</span></a>.

0
8. Revise Sec.  51.50 to read as follows:


Sec.  51.50  What definitions apply to this subpart?

    Aircraft engine type means a code defining a unique combination of 
aircraft and engine used as an input parameter for calculating 
emissions from aircraft.
    Annual emissions means actual emissions for a plant, point, or 
process that are measured or calculated to represent a calendar year.
    Control measure means a unique code for the type of control device 
or operational measure (e.g., wet scrubber, flaring, process change, 
ban) used to reduce emissions.
    Emission calculation method means the code describing how the 
emissions for a pollutant were calculated, e.g., by stack test, 
continuous emissions monitor, EPA emission factor, etc.
    Emission factor means the ratio relating emissions of a specific 
pollutant to an activity throughput level.
    Emission operating type means the operational status of an 
emissions unit for the time period for which emissions are being 
reported, i.e., Routine, Startup, Shutdown, or Upset.
    Emission process identifier means a unique code for the process 
generating the emissions.
    Emission type means the type of emissions produced for onroad and 
nonroad sources or the mode of operation for marine vessels.
    Emissions year means the calendar year for which the emissions 
estimates are reported.
    Facility site identifier means the unique code for a plant or 
facility treated as a point source, containing one or more pollutant-
emitting units. The EPA's reporting format allows for state submittals 
to use either the state's data system identifiers or the EPA's Emission 
Inventory System identifiers.
    Facility site name means the name of the facility.
    Lead (Pb) means lead as defined in 40 CFR 50.12. Emissions of Pb 
which occur either as elemental Pb or as a chemical compound containing 
Pb should be reported as the mass of the Pb atoms only.
    Mobile source means a motor vehicle, nonroad engine or nonroad 
vehicle, where:
    (1) A motor vehicle is any self-propelled vehicle used to carry 
people or property on a street or highway;
    (2) A nonroad engine is an internal combustion engine (including 
fuel system) that is not used in a motor vehicle or a vehicle used 
solely for competition, or that is not affected by sections 111 or 202 
of the CAA; and
    (3) A nonroad vehicle is a vehicle that is run by a nonroad engine 
and that is

[[Page 8797]]

not a motor vehicle or a vehicle used solely for competition.
    NAICS means North American Industry Classification System code. The 
NAICS codes are U.S. Department of Commerce's codes for categorizing 
businesses by products or services and have replaced Standard 
Industrial Classification codes.
    Nitrogen oxides (NOX) means nitrogen oxides (NO<INF>X</INF>) as 
defined in 40 CFR 60.2 as all oxides of nitrogen except N<INF>2</INF>O. 
Nitrogen oxides should be reported on an equivalent molecular weight 
basis as nitrogen dioxide (NO<INF>2</INF>).
    Nonpoint sources collectively represent individual sources that 
have not been inventoried as specific point or mobile sources. These 
individual sources treated collectively as nonpoint sources are 
typically too small, numerous, or difficult to inventory using the 
methods for the other classes of sources.
    Particulate matter (PM) is a criteria air pollutant. For the 
purpose of this subpart, the following definitions apply:
    (1) Filterable PM2.5 or Filterable PM10: Particles that are 
directly emitted by a source as a solid or liquid at stack or release 
conditions and captured on the filter of a stack test train. Filterable 
PM<INF>2.5</INF> is particulate matter with an aerodynamic diameter 
equal to or less than 2.5 micrometers. Filterable PM<INF>10</INF> is 
particulate matter with an aerodynamic diameter equal to or less than 
10 micrometers.
    (2) Condensable PM: Material that is vapor phase at stack 
conditions, but which condenses and/or reacts upon cooling and dilution 
in the ambient air to form solid or liquid PM immediately after 
discharge from the stack. Note that all condensable PM, if present from 
a source, is typically in the PM<INF>2.5</INF> size fraction and, 
therefore, all of it is a component of both primary PM<INF>2.5</INF> 
and primary PM<INF>10.</INF>
    (3) Primary PM2.5: The sum of filterable PM<INF>2.5</INF> and 
condensable PM.
    (4) Primary PM<INF>10</INF>: The sum of filterable PM<INF>10</INF> 
and condensable PM.
    (5) Secondary PM: Particles that form or grow in mass through 
chemical reactions in the ambient air well after dilution and 
condensation have occurred. Secondary PM is usually formed at some 
distance downwind from the source. Secondary PM should not be reported 
in the emission inventory and is not covered by this subpart.
    Percent control approach capture efficiency means the percentage of 
an exhaust gas stream actually collected for routing to a set of 
control devices.
    Percent control approach effectiveness means the percentage of time 
or activity throughput that a control approach is operating as 
designed, including the capture and reduction devices. This percentage 
accounts for the fact that controls typically are not 100 percent 
effective because of equipment downtime, upsets and decreases in 
control efficiencies.
    Percent control approach penetration means the percentage of a 
nonpoint source category activity that is covered by the reported 
control measures.
    Percent control measures reduction efficiency means the net 
emission reduction efficiency across all emissions control devices. It 
does not account for capture device efficiencies.
    Physical address means the location address (street address or 
other physical location description), locality name, state, and postal 
zip code of a facility. This is the physical location where the 
emissions occur; not the corporate headquarters or a mailing address.
    Point source means large, stationary (non-mobile), identifiable 
sources of emissions that release pollutants into the atmosphere. A 
point source is a facility that is a major source under 40 CFR part 70 
for one or more of the pollutants for which reporting is required by 
Sec.  51.15 (a)(1). This does not include the emissions of hazardous 
air pollutants, which are not considered in determining whether a 
source is a point source under this subpart. The minimum point source 
reporting thresholds are shown in Table 1 of Appendix A.
    Pollutant code means a unique code for each reported pollutant 
assigned by the reporting format specified by the EPA for each 
inventory year.
    Release point apportionment percent means the average percentage(s) 
of an emissions exhaust stream directed to a given release point.
    Release point exit gas flow rate means the numeric value of the 
flow rate of a stack gas.
    Release point exit gas temperature means the numeric value of the 
temperature of an exit gas stream in degrees Fahrenheit.
    Release point exit gas velocity means the numeric value of the 
velocity of an exit gas stream.
    Release point identifier means a unique code for the point where 
emissions from one or more processes release into the atmosphere.
    Release point stack diameter means the inner physical diameter of a 
stack.
    Release point stack height means physical height of a stack above 
the surrounding terrain.
    Release point type code means the code for physical configuration 
of the release point.
    Reporting period type means the code describing the time period 
covered by the emissions reported, i.e., Annual, 5-month ozone season, 
summer day, or winter.
    Source classification code (SCC) means a process-level code that 
describes the equipment and/or operation which is emitting pollutants.
    State and county FIPS code means the system of unique identifiers 
in the Federal Information Placement System (FIPS) used to identify 
states, counties and parishes for the entire United States, Puerto 
Rico, and Guam.
    Throughput means a measurable factor or parameter that relates 
directly or indirectly to the emissions of an air pollution source 
during the period for which emissions are reported. Depending on the 
type of source category, activity information may refer to the amount 
of fuel combusted, raw material processed, product manufactured, or 
material handled or processed. It may also refer to population, 
employment, or number of units. Activity throughput is typically the 
value that is multiplied against an emission factor to generate an 
emissions estimate.
    Type A source means large point sources with a potential to emit 
greater than or equal to any of the thresholds listed in Table 1 of 
Appendix A of this subpart. If a source is a Type A source for any 
pollutant listed in Table 1, then the emissions for all pollutants 
required by Sec.  51.15 must be reported for that source.
    Unit design capacity means a measure of the size of a point source, 
based on the reported maximum continuous throughput or output capacity 
of the unit.
    Unit identifier means a unique code for the unit that generates 
emissions, typically a physical piece of equipment or a closely related 
set of equipment.
    VOC means volatile organic compounds. The EPA's regulatory 
definition of VOC is in 40 CFR 51.100.

0
9. In Appendix A to subpart A of part 51:
0
a. Revise tables 1, 2a, and 2b.
0
b. Remove table 2c.
    The revisions read as follows:

Appendix A to Subpart A of Part 51--Tables

[[Page 8798]]



 Table 1 to Appendix A of Subpart A--Emission Thresholds \1\ by Pollutant for Treatment as Point Source Under 40
                                                    CFR 51.30
----------------------------------------------------------------------------------------------------------------
                                    Every-year                               Triennial
            Pollutant                 (Type A    ---------------------------------------------------------------
                                   sources) \2\         Type B sources                 NAA sources \3\
----------------------------------------------------------------------------------------------------------------
(1) SO2.........................          >=2500  >=100....................  >=100.
(2) VOC.........................           >=250  >=100....................  O3 (moderate) >=100.
                                  ..............  .........................  O3 (serious)>=50.
                                  ..............  .........................  O3 (severe) >=25.
                                  ..............  .........................  O3 (extreme) >=10.
(3) NOX.........................          >=2500  >=100....................  >=100.
(4) CO..........................          >=2500  >=1000...................  O3 (all areas) >=100.
                                  ..............  .........................  CO (all areas) >=100.
(5) Lead........................  ..............  >=0.5 (actual)...........  >=0.5 (actual).
(6) Primary PM10................           >=250  >=100....................  PM10 (moderate) >=100.
                                  ..............  .........................  PM10 (serious) >=70.
(7) Primary PM2.5...............           >=250  >=100....................  >=100.
(8) NH3\4\......................           >=250  >=100....................  >=100.
----------------------------------------------------------------------------------------------------------------
\1\ Thresholds for point source determination shown in tons per year of potential to emit as defined in 40 CFR
  part 70, with the exception of lead. Reported emissions should be in actual tons emitted for the required time
  period.
\2\ Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant.
\3\ NAA = Nonattainment Area. The point source reporting thresholds vary by attainment status for VOC, CO, and
  PM10.
\4\ NH3 threshold applies only in areas where ammonia emissions are a factor in determining whether a source is
  a major source, i.e., where ammonia is considered a significant precursor of PM2.5.


    Table 2a to Appendix A of Subpart A--Facility Inventory \1\ Data
 Elements for Reporting Emissions From Point Sources, Where Required by
                              40 CFR 51.30
------------------------------------------------------------------------
                              Data elements
-------------------------------------------------------------------------
(1) Emissions Year.
(2) State and County FIPS Code or Tribal Code.
(3) Facility Site Identifier.
(4) Unit Identifier.
(5) Emission Process Identifier.
(6) Release Point Identifier.
(7) Facility Site Name.
(8) Physical Address (Location Address, Locality Name, State and Postal
 Code).
(9) Latitude and Longitude at facility level.
(10) Source Classification Code.
(11) Aircraft Engine Type (where applicable).
(12) Facility Site Status and Year.
(13) Release Point Stack Height and Unit of Measure.
(14) Release Point Stack Diameter and Unit of Measure.
(15) Release Point Exit Gas Temperature and Unit of Measure.
(16) Release Point Exit Gas Velocity or Release Point Exit Gas Flow Rate
 and Unit of Measure.
(17) Release Point Status and Year.
(18) NAICS at facility level.
(19) Unit Design Capacity and Unit of Measure (for some unit types).
(20) Unit Type.
(21) Unit Status and Year.
(22) Release Point Apportionment Percent.
(23) Release Point Type.
(24) Control Measure and Control Pollutant (where applicable).
(25) Percent Control Approach Capture Efficiency (where applicable).
(26) Percent Control Measures Reduction Efficiency (where applicable).
(27) Percent Control Approach Effectiveness (where applicable).
------------------------------------------------------------------------
\1\ Facility Inventory data elements need only be reported once to the
  EIS and then revised if needed. They do not need to be reported for
  each triennial or every-year emissions inventory.


 Table 2b to Appendix A of Subpart A--Data Elements for Reporting Emissions From Point, Nonpoint, Onroad Mobile
                           and Nonroad Mobile Sources, Where Required by 40 CFR 51.30
----------------------------------------------------------------------------------------------------------------
                      Data elements                           Point       Nonpoint       Onroad        Nonroad
----------------------------------------------------------------------------------------------------------------
(1) Emissions Year......................................            Y             Y             Y             Y
(2) FIPS code...........................................            Y             Y             Y             Y
(3) Shape Identifiers (where applicable)................  ............            Y   ............  ............
(4) Source Classification Code..........................  ............            Y             Y             Y
(5) Emission Type (where applicable)....................  ............            Y             Y             Y
(8) Emission Factor.....................................            Y             Y   ............  ............
(9) Throughput (Value, Material, Unit of Measure, and               Y             Y             Y   ............
 Type)..................................................
(10) Pollutant Code.....................................            Y             Y             Y             Y
(11) Annual Emissions and Unit of Measure...............            Y             Y             Y             Y
(12) Reporting Period Type (Annual).....................            Y             Y             Y             Y
(13) Emission Operating Type (Routine)..................            Y   ............  ............  ............
(14) Emission Calculation Method........................            Y             Y   ............  ............
(15) Control Measure and Control Pollutant (where         ............            Y   ............  ............
 applicable)............................................
(16) Percent Control Measures Reduction Efficiency        ............            Y   ............  ............
 (where applicable).....................................
(17) Percent Control Approach Effectiveness (where        ............            Y   ............  ............
 applicable)............................................
(18) Percent Control Approach Penetration (where          ............            Y   ............  ............
 applicable)............................................
----------------------------------------------------------------------------------------------------------------


[[Page 8799]]

Subpart G--Control Strategy

0
10. In Sec.  51.122:
0
a. Revise paragraphs (a), (c)(1)(i), (c)(2), (c)(3), (f), and (g).
0
b. Remove and reserve paragraph (d).
    The revisions read as follows:


Sec.  51.122  Emissions reporting requirements for SIP revisions 
relating to budgets for NOX emissions.

    (a) As used in this section, words and terms shall have the 
meanings set forth in Sec.  51.50. In addition, the following terms 
shall apply to this section:
    (1) Ozone season emissions means emissions during the period from 
May 1 through September 30 of a year.
    (2) Summer day emissions means an average day's emissions for a 
typical summer work weekday. The state will select the particular 
month(s) in summer and the day(s) in the work week to be represented.
* * * * *
    (c) * * *
    (1) * * *
    (i) The state must report to EPA emissions data from all 
NO<INF>X</INF> sources within the state for which the state specified 
control measures in its SIP submission under Sec.  51.121(g), including 
all sources for which the state has adopted measures that differ from 
the measures incorporated into the baseline inventory for the year 2007 
that the state developed in accordance with Sec.  51.121(g).The state 
must also report to EPA ozone season emissions of NO<INF>X</INF> and 
summer day emissions of NO<INF>X</INF> from any point, nonpoint, onroad 
mobile, or nonroad mobile source for which the state specified control 
measures in its SIP submission under Sec.  51.121(g).
* * * * *
    (2) For the 3-year cycle reporting, each plan must provide for 
triennial (i.e., every third year) reporting of NO<INF>X</INF> 
emissions data from all sources within the state. The state must also 
report to EPA ozone season emissions of NO<INF>X</INF> and summer day 
emissions of NO<INF>X</INF> from all point sources, nonpoint sources, 
onroad mobile sources, and nonroad mobile sources.
    (3) The data availability requirements in Sec.  51.116 must be 
followed for all data submitted to meet the requirements of paragraphs 
(c)(1) and (2) of this section.
    (d) [Reserved]
* * * * *
    (f) Reporting schedules. Data collection is to begin during the 
ozone season 1 year prior to the state's NO<INF>X</INF> SIP Call 
compliance date.
    (g) The state shall report emissions as point sources according to 
the point source emissions thresholds of the Air Emissions Reporting 
Rule (AERR), 40 CFR part 51, subpart A. The detail of the emissions 
inventory shall be consistent with the data elements required by 40 CFR 
part 51, subpart A. When submitting a formal NO<INF>X</INF> Budget 
Emissions Report and associated data, states shall notify the 
appropriate EPA Regional Office.

Subpart X--Provisions for Implementation of 8-hour Ozone National 
Ambient Air Quality Standard

0
11. In Sec.  51.900, add paragraph (v) to read as follows:


Sec.  51.900  Definitions.

* * * * *
    (v) Summer day emissions means an average day's emissions for a 
typical summer work weekday. The state will select the particular 
month(s) in summer and the day(s) in the work week to be represented. 
The selection of conditions should be coordinated with the conditions 
assumed in the development of RFP plans, ROP plans and demonstrations, 
and/or emissions budgets for transportation conformity, to allow 
comparability of daily emission estimates.

0
12. Revise Sec.  51.915 to read as follows:


Sec.  51.915  What emissions inventory requirements apply under the 8-
hour NAAQS?

    For each nonattainment area subject to subpart 2 in accordance with 
Sec.  51.903, the emissions inventory requirements in sections 
182(a)(1) and 182(a)(3) of the Act shall apply, and such SIP shall be 
due no later 2 years after designation. For each nonattainment area 
subject only to title I, part D, subpart 1 of the Act in accordance 
with Sec.  51.902(b), the emissions inventory requirement in section 
172(c)(3) of the Act shall apply, and an emission inventory SIP shall 
be due no later 3 years after designation. The state must report to the 
EPA summer day emissions of NO<INF>X</INF> and VOC from all point 
sources, nonpoint sources, onroad mobile sources, and nonroad mobile 
sources. The state shall report emissions as point sources according to 
the point source emissions thresholds of the Air Emissions Reporting 
Rule (AERR), 40 CFR part 51, subpart A. The detail of the emissions 
inventory shall be consistent with the data elements required by 40 CFR 
part 51, subpart A.

[FR Doc. 2015-03470 Filed 2-18-15; 8:45 am]
BILLING CODE 6560-50-P


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