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Citation: 80 Fed. Reg. 8787 2015

Content downloaded/printed from HeinOnline (http://heinonline.org) Fri Oct 2 17:19:33 2015

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 80, No. 33

### /Thursday, February 19, 2015

### /Rules and Regulations

designation (January 1, 1993) and issued by any Federal, State, or local authority ofcompetent jurisdiction, provided that the applicant complies with 15 CFR 922.49, the Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization, and the applicant complies with any terms and conditions the Director deems necessary to protect Sanctuary resources and qualities. Amendments, renewals, and extensions ofauthorizations in existence onthe effective date ofdesignation constitute authorizations issued after the effective date ofSanctuary designation.

* 6. In §922.134, revise the section heading and add new paragraph (a) to read as follows: 

### §922.134 Review ofcertain State permits

and leases. (a)(1) NOAA has described in a Memorandum ofAgreement (MOA) with the State of California how NOAA will coordinate review of any introduction ofnon-invasive introduced species from a proposed shellfish aquaculture project when considering

an authorization under §922.132(e). (2)The MOA specifies how the process of 15 CFR 922.49 willbe administered within State waters within the sanctuary in coordination with State permit and lease programs as administered by the California Fish and Game Commission, the Department of Fish and Wildlife and the California Coastal Commission.

[FR Doe. 2015-03486 Filed 2-18-15; 8:45 am]

BILLING CODE 3510-NK-P

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165 [Docket No. USCG-2015-0025]
Safety Zone, Sag Harbor COC Winter Harbor Frost Fireworks, Sag Harbor, NY

AGENCY: Coast Guard, DHS. ACTION: Notice ofenforcement of regulation.
SUMMARY: The Coast Guard will enforce

one safety zone for a fireworks display in the Sector Long Island Sound area of responsibility on the dates and times listed in the table below. This actionis necessary toprovide for the safety oflife

on navigable waterways during the
event. During the enforcement period,

no person orvessel may enter the safety

zone without permission ofthe Captain ofthe Port (COTP) Sector Long Island Sound or designated representative.
DATES: The regulations in 33 CFR 165.151 will be enforced onFebruary 28 (raindate March 1), 2015 from 6:15 p.m. to 6:45 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call

oremail Petty Officer Ian Fallon, Waterways Management Division, U.S. Coast Guard Sector Long Island Sound; telephone 203-468-4565, email Ian.M.Fallon@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone listed in 33 CFR 165.151 on the specified date and time as indicated in the following Table. Ifthe event is delayed by inclement weather, the regulation will be enforced on the rain date indicated in the Table.

TABLE

Sag Harbor COC Winter Harbor Frost Fireworks * Date: February 28, 2015. * Rain Date: March 1, 2015. * Time: 6:15 p.m. to 6:45 p.m. * Location: Waters of Sag Harbor off Long Wharf St. Pier in Sag Harbor, NY in approximate

position 41°00'16.82" N,072017'43.78" W (NAD 83).

Under the provisions of 33 CFR 165.151, the fireworks display listed above in DATES is established as a safety

zone. During the enforcement period,
persons andvessels are prohibited from entering into, transiting through, mooring, or anchoring within the safety

zone unless they receive permission from the COTP or designated representative.

This document is issuedunder authority of 33 CFR 165 and 5 U.S.C. 552 (a). In addition to this notification in the Federal Register, the Coast Guard will provide the maritime community with advance notification ofthis enforcement period via the Local Notice
to Mariners or marine information broadcasts. Ifthe COTP determines that the safety zone need notbe enforced for the full duration stated in this document, a Broadcast Notice to Mariners maybe usedto grant general permission to enter the regulated area. Dated: February 3, 2015. E.J. Cubanski, III, Captain,U.S. CoastGuard,Captain ofthe PortSectorLongIslandSound.
[FRDoe. 2015-03333 Filed 2-18-15; 8:45 am]

BILLING CODE 9110-04-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 51
[EPA-HQ-OAR-2004-0489; FRL-9922-27- OAR]

RIN 2060-AR29

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

AGENCY: Environmental Protection Agency. ACTION: Final rule. SUMMARY: This action finalizes changes
to the Environmental Protection Agency's (EPA) emissions inventory reporting requirements. This action lowers the threshold for reporting lead (Pb) emissions sources as point sources, eliminates the requirement for reporting emissions from wildfires and prescribed fires, and replaces a requirement for reporting mobile source emissions with

arequirement for reporting the input parameters that canbe usedto run the EPA models that generate emissions estimates. This action alsoreduces 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 

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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 willbe publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.govor 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 ofAir Quality Planning and Standards, Air Quality Assessment Division, Emissions Inventory and Analysis Group (C339- 02), U.S. Environmental Protection Agency, Research Triangle Park,NC 27711; telephone number: (919) 541- 4330; email: ryan.ron@epa.gov. SUPPLEMENTARY INFORMATION:

Table ofContents
I.General Information

A. Does this action apply to me? B.Where can Iget a copyofthis document

and otherrelated information? C. Judicial Review II.Background III. Summary ofRevisions

A. Lower Point Source Thresholdfor Pb

Emitters B. Elimination ofReporting for Wildfires

and Prescribed Fires andClarification for Reporting Agricultural Fires C. Reporting Emission Model Inputs for

Onroad and Nonroad Sources D. Removal ofRequirements To Report

Daily and Seasonal Emissions E. Revisions To Simplify Reporting and

Provide Consistency With EIS IV. Response to Comments

A. Lower Point Source Thresholdfor Pb

Emitters B. Elimination ofReporting for Wildfires

and Prescribed Fires andClarification for Reporting Agricultural Fires C. Reporting Emission Model Inputs for

Onroad Sources D. Reporting Emission Model Inputs for

Nonroad Sources E. Removal ofRequirements To Report

Daily and Seasonal Emissions F. Revisions To SimplifyReporting and Provide Consistency With EIS V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory

Planning and Review andExecutive 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 FromEnvironmental Health and SafetyRisks 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 thisaction applyto me?

Categories and entities potentially regulated by this action include:

CAICS Category code a Examples of regulated entities

State/local/tribal govern- 92411 State, territorial, and local government air quality management programs. Tribal governments are not afment. fected, unless they have sought and obtained treatment as state status under theTribal Authority Rule and, on that basis, are authorized to implement and enforce the Air Emissions Reporting Requirements rule.

aNorth American Industry Classification System.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely tobe regulated by this action.' This action

1 As prescribed by the Tribal Authority Rule (63 FR 7253, February 12, 1998), codified at 40 CFR part 49, subpart A, tribes mayelect to seek Treatment as State (TAS) status and obtain approval
to implement rules such as the AERR through a Tribal Implementation Plan (TIP), buttribes 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 andreceived TAS status for air quality control purposes and is subject to the AERR under its TIP, the use ofthe term state(s) in the AERR shall include that tribal government and use ofthe 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 ofa state air agency and that local air agency is subject to the AERR under its SIP, the use ofthe term state(s) inthe AERR shall include that local airagency. requires states to report their emissions to us. It ispossible that some states will require facilities within their jurisdictions to report emissions to the
states. To determine whether your facility wouldbe regulated by this action, you should examine the applicability criteria in 40 CFR 51.1. If you have any questions regarding the applicability ofthis action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

B. WherecanIgetacopy ofthis documentandotherrelated information?

In addition tobeing available in the docket, an electronic copy ofthis final rule will also be available onthe Worldwide Web (WWW) through the Technology Transfer Network (TTN). Following the Administrator's signature, a copy ofthis final rule willbe posted

onthe 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. Ifmore information regarding the TTN is needed, call the TTN HELP Line at (919) 541-4814.

C.JudicialReview

Under section 307(b)(1) ofthe Clean Air Act (CAA),judicial review ofthis final rule is available by filing apetition for review in the U.S. Court ofAppeals for the District ofColumbia Circuitby April 20, 2015. Under section 307(d)(7)(B) ofthe CAA, only an objection to this final rule that was raised with reasonable specificity during the period for public comment

canbe raised during judicial review. 

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Moreover, under section 307(b)(2) ofthe 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 toboth 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 datareported electronically under this rule are stored in the Emissions Inventory System (EIS) database and are used by the EPA andby 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 ofstate implementation plans (SIPs).

Pursuant to its authority under sections 110 and 172 ofthe 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 Qof40 CFR part 51 in 1979 and amended them in 1987.

The 1990 Amendments to the CAA revised many ofthe CAA provisions related to the attainment ofthe 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 certain pollutants. For example, section 182(a)(3)(A) required states to submit an emission inventory every 3years for Moderate ozone nonattainment areas beginning in 1993. Similarly, section 187(a)(5) required states to submit an inventory every 3years 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 Qof40 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) forCO nonattainment areas, those under the NOx SIP Call (40 CFR 51.122), and the annual reporting requirements ofthe CERR.

III. Summary ofRevisions

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 oftheir AERR submissions, while clarifying the requirement to report these emissions under pollutant-specific regulations (i.e.,the NOx SIP Call, the Ozone Implementation Rule, and relevant CO maintenance plans). This action also modifies some emissions reporting requirements which we believe are not necessary or are not clearly aligned with current inventory terminology and practices.

A. LowerPointSourceThreshold forPb 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 ofthis change isto match requirements ofthe 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 tobe reported for any source meeting this new threshold for Pb.

B. Eliminationof Reporting forWildfires andPrescribed FiresandClarification forReportingAgriculturalFires
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 ofreporting 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 ifthey so choose.

This action also clarifies that agricultural fires continue tobe 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.ReportingEmissionModelInputs for Onroad andNonroadSources
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 submitthe inputs for emissions models ofonroad 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 emissionsvalues. The EPA models in use at the time ofthis 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 torun the latest version ofthe applicable models,

even ifthose versions have been finalized after the model input data

were collected. It also allows the EPA to generate consistentbase year and future year emissions estimates, which the EPA needs to accurately assess benefits for new regulations and to make other 

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regulatory decisions that use air quality modeling. In addition, this action makes voluntary the reporting ofemissions values for onroad and nonroadmobile

sources for all states except California.

D.Removal ofRequirements ToReport DailyandSeasonalEmissions

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 electto meet the emissions reporting requirements ofthe NOx SIP Call (40 CFR 51.122), the Ozone Implementation Rule (40 CFR part 51, subpart X), or the CO reporting required bythe relevant CO maintenance plans through the AERR, but they are no longer required to do so. Each ofthese 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 ofSIP revisions. The EPA has eliminated a requirement in the AERR that, given specific public review and documentation requirements ofthose 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 ofcomments received,

we have determined that additional changes to some ofthe 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 SubpartA, we are also finalizing changes that will move the relevant definitions and reporting requirement for summer day emissions
to the ozone reporting requirements in the Ozone Implementation Rule (40 CFR 51.900 (definitions) and 51.915 (inventory requirements)) and for ozone

season emissions and summer day emissions to the NOx SIP Callreporting requirements in 40 CFR 51.122.

E.Revisions To Simplify Reportingand ProvideConsistencyWithEIS

The previous version ofthe AERR was finalized prior to the EPA finalizing the design details ofthe EIS data system that is used to collect and store the required data. With this action, the EPA is changing the tables ofpollutants 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 belowin the summary ofEPA'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 tobe resubmitted, and only data elements that changed needed tobe 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 ofthe AERR. Table 1 still defines the emissions thresholds thatdetermine the Type Apoint source emissions required
to be reported each year. In addition, Table 1now includes the thresholds used to determine the Type B sources required tobe reported as point sources every third year. These Type B point

source thresholds had previously been included as part ofthe definition ofthe
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 ofrequired pollutants described in 40 CFR 51.15.

Table 2a has been revised to include only the point source facility inventory data elements that are required to be in EIS, without regard to either the everyyear or every third year reporting cycles, since these elements need only be reported for any new point source or when any change occurs at an existing point source. The emissions data element requirements for point sources from Table 2a havebeen 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 tobe eliminated. Wehave 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 Apoint sources, and with the revisions, Table 1now describes all ofthe necessary distinctions.

2.Addition ofNew Facility Inventory Elements

This action adds Facility Site Status, Release Point Status, and Unit Status data elements to the FacilityInventory data elements listed in Table 2a, along with the year in which any ofthese 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 notbe reported after the year indicated.

We are also adding Aircraft Engine Type, Unit Type, and Release Point Apportionment Percent to Table 2a. The addition ofAircraft 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 andtakeoff data for state review and encourages the
states to review and update those data in support ofEPA'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. Ifstates choose to submittheir 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 isbeing added to more easily and explicitly identify the type of emission unitproducing 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 onlyreporting capacities for a limited number ofkey unittypes (e.g., boilers). The Unit Type data element is necessary for the EIS data system to be able to confirm the presence ofa value for the Unit Design Capacity element, since the Unit Design Capacity element is required only for certain UnitTypes (e.g., boilers). 

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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 ofNew Emissions Elements

This action adds five new data elements to Table 2b, ofwhich 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 ofidentifying the geographic

area for which emissions arebeing reported for nonpoint sources, instead ofusing the entire county. The EPA believes that they are needed for a small number ofnonpoint source types, such

as rail lines, ports, and underway vessels, which occur only in a small and identifiable portion of a full county. Although states are still required to report emissions for these sources, this action also adds an option for states to meet the reporting requirement by accepting the EPA's estimates for the

sources for which the EPA makes calculations. For the nonpoint sources needing the more geographicallydetailed emissions with Shape Identifiers, the EPA provides tables describing the geographic entities and their Shape Identifiers and has emissions estimates for each ofthe entities. Ifstates 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 ofdetail ofthe existing required element SCC, which describes the emitting processes. We have also revised the definition ofthis 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 ofsuch emissions may still be required as part ofthe state's implementation ofa NAAQS. This addition replaces the erroneous use ofthe name "Emission Type" to describe this data element inthe previous version ofthe 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. Itis 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 ofthe NEI and to allow the EPA to select the mostreliable emissions value where

more than one is available. State reporters should have thisvalue easily available to them because they are selecting the calculation method, so adding it to their electronic submittals should cause only aminimal amount of added burden.
4. Clarification ofElement 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 thanbeing combined with each pollutant's Reduction Efficiency. This change reflects howthe 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 andRule Effectiveness havebeen 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 ofthe terms in the point source facility inventory Table 2a to clarify their meaning andpromote 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 ofthe five existing stack and exit gas data elements, we are adding "Release Point" to the names tobe consistent with EIS names. We are adding five Unit of Measure data elements, one for each ofthe existing numerical stack and exit gas data elements, in order to formalize the only reasonable interpretation ofthe prior rule requirements. The rule now requires reporting ofthe units of

measure along with the numerical values. In addition, the Emission Type data element in the prior rule's Table 2a is nowrenamed 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 offour separate data elements: Location Address, Locality Name, State Code, and Postal Code. 

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6. Revisions To Simplify Reporting and Reduce Burden

This action revises some data elements in the point source facility inventory in Table 2ato simplify reporting and reduce burden. Either the Exit Gas Velocity or Exit Gas Flow Rate is nowrequired, but not both.Because the Release Point Stack Diameter is also required, it ispossible for usersto derive the velocity or the flow rate from the other value, and so itis 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. Ithas 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

afacility. Furthermore, the vast majority offacilities are geographically small enough that such a simplification does
not reduce the usefulness ofthe 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, andWeeks 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 ofthe 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 ifthose 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 ofthe data elements that

are no longer required tobe reported under the AERR may still be voluntarily reported to the EIS data system.
IV. Response to Comments

In response to our notice ofproposed 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. LowerPointSourceThreshold forPb Emitters

We proposed to change the reporting threshold for point sources ofPb from 5tpy to 0.5 tpy ofPb 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 thatrule 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 ofactual emissions threshold for reporting Pb emissions as point sources to better reflect available state emissions inventories.

B. Eliminationof Reporting forWildfires andPrescribed FiresandClarification forReportingAgricultural Fires
The EPA proposed to eliminate the requirement for reporting emissions from wildfires and prescribed fires, to eliminate the reporting ofthese 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 ofthe 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 tobe reported to the nonpoint data category. The EPA agrees that states should have the option ofreporting fire emissions and the proposal allowed for that possibility. We do notbelieve that allowing both event-based and nonpoint reporting for prescribed fires is aviable approach, because such an approach would increase complexity ofthe inventory process by requiring the EPA to prevent double-counting across event-based and nonpoint-based submissions. After consideration ofthe comments, the EPA is finalizing this section ofthe rule as proposed.

C.ReportingEmissionModelInputs for OnroadSources

We proposed to require model inputs from all states (except California) forthe onroad mobile sources model MOVES, rather than require emissions values, and to permit the optional additional reporting ofemissions 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 toreplicate 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 ofmodel inputs does not sufficiently address the EPA's needs for such onroad model input data. The MOVES model provides

alarge degree offlexibility regarding how to run the model, andwhile different run approaches can resultin 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 ofmany states with nonattainment areas, for which detailed approaches arebeing usedfor
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 ofthe EPA's needs that are essential to overall air quality responsibilities, including improving the accuracy and timeliness ofthe EPA's air quality planning efforts, allowing the EPA to use the latest versions ofthe 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 consistentbase year and future year emissions estimates, which are necessary for performing accurate benefits estimates for new rules (see 78 

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

FR 37167). Thus, this final rule includes

arequirement 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.ReportingEmissionModelInputs for NonroadSources

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 topermit the optional additional reporting ofemissions 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 nonroadreporting requirement by reporting emissions values or model inputs.

The EPA disagrees with the comment that emissions values should be allowed in place ofmodel 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 thatbelieve their emissions values from their own approaches are better thanvalues that might be created by the EPA by using the inputs, those states may optionally submitthose 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 tobe reported optionally for all other states.

E.Removal of Requirements To Report DailyandSeasonalEmissions

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 ofthe 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 ofSIP revisions. Two commenters stated support for the proposed changes, with

one ofthose noting inconsistencies with proposed changes to the ozone implementation rule. Four commenters disagreed with the EPA's proposed change toremove the summer day emissions requirement, with some of those commenters also noting that the definition ofsummer day emissions in the AERR was referenced by the proposed ozone implementation rule. One commenter stated thatAERR submissions canbe used as away to demonstrate milestone year compliance for ozone orCO nonattainment areas. Another commenter indicated that since the NOx SIP Call does not contain specific data reporting requirements and instead refers to the AERR for those requirements (see 40 CFR 51.122(f)), deleting the summer day emissions reporting in the AERR would not allow for proper implementation ofthe NOx SIP Call. In addition, a commenter noted that the proposed AERR did not explicitly list the NOx SIP call as an optional source ofsubmitted data intended to meet compliance with that rule.

As a result ofthese comments, the EPA intends to ensure that the requirements for the ozone implementation rule and NOx SIP Call

are clear and that terms for mandatory emissions fields are defined in a pollutant-specific regulation, or inthe relevant maintenance plan forCO. 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 otherrules 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 ofthese comments, we realize that the requirement to report these daily and seasonal emissions is not also contained in some ofthe underlying SIP implementation rules. The EPA continues tobelieve itis notnecessary to require reporting ofthese emissions

as part ofthe AERR and that it makes

more sense to define andrequire reporting ofthe emissions required for compliance with specific SIP implementation rules within those rules themselves, or within the relevant maintenance plan. As alogical outgrowth ofthese comments and the fact that we did not propose to remove completely these pollutant-specific requirements-only toremove unnecessary duplication in the AERRwe are making additional changes to the underlying ozone implementation and NOx SIP Call rules. Accordingly, this final rule removes the ozone season emissions and summer day emissions definitions and reporting requirements from the AERR provisions in 40 CFR Subpart A, while also finalizing changes that will move the relevant definitions and reporting requirement to address

summer day emissions to the ozone reporting requirements in 40 CFR 51.900 and 51.915 and to address ozone

season emissions and summer day emissions in the NOx SIP Call reporting requirements in 40 CFR 51.122. As for CO winter work weekday emissions, since all CO areas have been redesignated to maintenance areas as of September 27, 2010, any requirements to report those emissions will exist in the relevant CO maintenance plans. As

no comments identified specific COrelated deficiencies, especially as related to CO regulations or maintenance plans thatwould 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 SimplifyReportingand ProvideConsistencyWith 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 

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

EPA maintain the requirements for parameters related to state end dates and other operating schedule parameters to reduce the assumptions that reported emissions occurred over the entire year. The EPA acknowledges that the operating parameters canbe useful information for certain nonannual sources. However, the vast majority ofsources 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 bevoluntarily reported for such sources, the EPA disagrees that requiring such fields for all sources makes sense in light ofthe low prevalence ofnon-annual sources.

The EPA also proposed to addnew emissions elements. One commenter supported the addition ofAircraft 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 offields that support the reporting of airport emissions as point sources does not change the sources thatwill need to be reported as point sources. Most airports still do not need tobe reported as point

sourcesbecause their stationary source emissions will not exceed the potentialto-emit thresholds in this rule. Furthermore, the EPA notes that we provide air agencies with all ofthe 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 ofdetail 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, byhelping to prepare allocations and data filesfor states to submit. Thus, the EPA is finalizing the changes as proposed. V. Statutory and Executive Order Reviews

A. Executive Order12866:Regulatory PlanningandReview andExecutive Order13563:ImprovingRegulations andRegulatoryReview

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 toreview under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork ReductionAct (PRA)
The Office ofManagement and Budget (OMB) has approved the information collection requirements contained in this rule under the provisions ofthe Paperwork ReductionAct,44 U.S.C. 3501 et seq.and has assigned OMB control number 2170.05. You can find a copy ofthe ICR in the docket for this rule, and itisbriefly summarized here.

The ICRcollects air emissions and related information from state and local agencies for emissions sources ofoxides ofnitrogen, 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 3years, state andlocal air agencies are required to submit apoint

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 ofAir Quality Planning and Standards to assist in developing the NEI, performing regional modeling forvarious regulatory purposes, and preparing national trends
assessments and other special analyses and reports. Additionally, states are required toreport larger point sources annually, using emissions thresholds set in the reporting rule.

Respondents/affectedentities:State and local air agencies.

Respondent's obligationto respond: Mandatory as per 40 CFR part 51.

Estimatednumberofrespondents: 104.

Frequencyofresponse:Annual, with additional requirements triennially. Totalestimatedburden:69,140 hours (peryear in triennial years). Burdenis defined at 5CFR 1320.3(b). Totalestimatedcost:$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 ofinformation unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in40 CFR are listed in 40 CFR part 9.

C.RegulatoryFlexibility Act (RFA)
I certify thatthis 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. UnfundedMandatesReformAct (UMRA)

This action does not contain any unfunded mandate as described in UMRA, 2U.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 Order13132:Federalism

This action does not have federalism implications. It will 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.

F.Executive Order13175:Consultation andCoordinationWith 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 notrequired
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 underits Tribal Implementation Plan. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order13045:Protectionof ChildrenFromEnvironmentalHealth andSafetyRisks

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

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

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

H. Executive Order13211:Actions Concerning RegulationsThat Significantly Affect EnergySupply, 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.

L NationalTechnologyTransferand AdvancementAct

This action does not involve technical standards.

J.Executive Order12898:Federal Actions ToAddressEnvironmental Justicein MinorityPopulations 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 ofprotection 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 ReviewAct

This action is subject to the CRA, and the EPA will submit a rule report to each House ofthe Congress and to the Comptroller General of the United States. This action is not a "major rule"

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

List ofSubjects in 40 CFRPart 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. GinaMcCarthy, Administrator.

For the reasons stated inthe preamble, title 40, chapter I, part 51 of the Code ofFederal Regulations is amended as follows: PART 51-REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS



### m1.The authority citation for part 51 continues to read as follows:

Authority:23 U.S.C. 101; 42 U.S.C. 7401- 7671q. Subpart A-Air Emissions Reporting Requirements
§51.10 [Removed and reserved]
* 2.Remove andreserve §51.10. * 3.In §51.15:



### ma. Reviseparagraphs (a)(2), (a)(3), (a)(4), (b)(2), (b)(3), (b)(4), and the first
sentence in paragraphs (c) and (d). * b. Remove paragraphs (a)(5) and (e).

The revisions read as follows:
§51.15 What data does mystate need to report to EPA?

(a) * * * (2)A state may, at its option, choose
to report NOx and VOC summer day emissions (or any other emissions) as required under the Ozone Implementation Rule or report CO winter work weekday emissions for CO nonattainment areas or CO attainment

areas with maintenance plans to the Emission Inventory System (EIS) using the data elements described inthis subpart.

(3)A state may, at its option, choose
to report ozone season day emissions of NOx as required under the NOx SIP Call and summer day emissions ofNOx that may be required underthe NOx SIP Call for controlled sources to the EIS using the data elements described inthis subpart.

(4) A state may, at its option, include estimates ofemissions 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 oftheir 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) OnroadandNonroadmobile. (i) Emissions for onroad and nonroad mobile sources mustbe 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. Ifstates wish to optionally report these sources, they mustbe reported to the events data category. The events data category is a day-specific accounting ofthese large-scale but usually short duration emissions. Submissions must include both daily emissions estimates as well as daily

acresburned values. In lieu of submitting this information, states may accept the EPA estimates or they may submitinputs (e.g., acres burned, fuel loads) for us to use in the EPA's estimation approach.

(c) Supportinginformation.You must report the data elements in Tables 2a and 2b in Appendix A ofthis subpart.

(d) Confidentialdata.We donot consider the data in Tables 2a and 2b in Appendix A ofthis subpart confidential, but some states limitrelease ofthese types ofdata. * * *
* 4. In §51.20, reviseparagraphs (b) and (d)to read as follows:
§51.20 What are theemission thresholds that separate point and nonpointsources?

• * * * *

(b) Sources that meet the definition of point source in this subpart mustbe reported as point sources. All pollutants specified in §51.15(a) must be reported for point sources, notjustthe 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 maybe 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/ttnl 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 

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total county and state emissions of a given pollutant maybe omitted. (1)The reporting ofwild and prescribed fires is encouraged but not required and shouldbe done via only the "Events" data category. (2)Agricultural fires (alsoreferred to

as crop residue burning) must be reported to the nonpoint data category.

5.Revise §51.30 to read asfollows: 

### §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

atriennial inventory.

(a)Every-yearinventory.See Tables 2a and 2b ofAppendix A ofthis subpart for the specific data elements to report every year.

(1)All states are required to report every year the annual (12-month) emissions data described in §51.15 from Type A (large)point sources, as defined in Table 1 ofAppendix A ofthis subpart. The first every-year cycle inventory willbe forthe 2009 inventory year and must be submitted to the EPA within 12 months, i.e.,byDecember 31, 2010.

(2)In inventory years thatfall under the triennial inventory requirements, the reporting required by the triennial inventory satisfies the every-year reporting requirements ofparagraph (a) ofthis section.

(b) Triennialinventory.See Tables 2a and 2b to Appendix A ofsubpart A for the specific data elements that must be reported for the triennial inventories. (1)All states are required to report for every third inventory year the annual (12-month) emissions data as described in §51.15. The first triennial inventory will be for the 2011 inventory andmust 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 ofthe inventory year, i.e.,by December 31 ofthe following year. (2) [Reserved] * 6. Revise §51.35 to read asfollows: 

### §51.35 How can my state equalize the emission inventoryeffort from yeartoyear? (a) Compiling a triennial inventory

means more effort every 3years. 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 Apoint sources). (2)Each year, collect data for onethird ofyour sources that are not Type 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 A point

sources by the end ofeach 3-year cycle. You must save 3years ofdata and then report all emissions from the sources that are not Type A point sources onthe triennial inventory due date. (3)Each year, collect data for onethird ofthe nonpoint, nonroad mobile, and onroad mobile sources. You must

save 3years of data for each such source and then report all ofthese data on the triennial inventory due date. (b)For the 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) Ifyour state chooses the method of inventorying one-third ofyour 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 ofthe 3-year period identically. For example, ifa 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 ofthe 3-year period. If your state has revised emission factors during the 3years for a process that has
not changed, you must compute previous years' data using the revised factor. Ifyour state uses models to estimate emissions, you must make sure that the model is the same for all 3 years. * 7.Revise §51.40 toread as follows:
§51.40 Inwhat 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 aformat consistent with these. The term "format" encompasses the definition of

one or more specific data fields for each ofthe data elements listed in Tables 2a and 2b in Appendix A ofthis 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/ 201lnei/xml data eis.pdf. You may also call the air emissions contact in your EPA Regional Office or our Info CHIEF help desk at (919) 541-1000 or send email to info.chief@epa.gov.
* 8. Revise §51.50 toread as follows: 

### §51.50 What definitions applytothis subpart?

Aircraftenginetype means a code defining a unique combination of aircraft and engine used as an input parameter for calculating emissions from aircraft.

Annualemissionsmeans actual emissions for a plant,point, or process that are measured or calculated to represent a calendar year. Controlmeasuremeans 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 methodmeans the code describing how the emissions for apollutant were calculated, e.g., by stack test, continuous emissions monitor, EPA emission factor, etc.

Emission factormeans the ratio relating emissions ofa specific pollutant
to an activity throughputlevel.

Emission operatingtypemeans the operational status of an emissions unit for the time period for which emissions

are being reported, i.e., Routine, Startup, Shutdown, or Upset.

Emissionprocessidentifier means a unique code for the process generating the emissions.

Emission typemeans the type of emissions produced for onroad and nonroad sources or the mode of operation for marine vessels.

Emissionsyearmeans the calendar year for which the emissions estimates

are reported.

Facilitysiteidentifiermeans the unique code for a plant or facility treated as a point source, containing one
ormore 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.

Facilitysitenamemeans the name of the facility.

Lead(Pb)means lead as defined in40 CFR 50.12. Emissions ofPb which occur either as elemental Pb or as a chemical compound containing Pb shouldbe reported as the mass ofthe Pb atoms only.

Mobilesourcemeans amotor vehicle, nonroad engine or nonroad vehicle, where: (1)A motorvehicle is any selfpropelled vehicle used to carry people

orproperty on a street or highway;

(2)A nonroadengineis an internal combustion engine (including fuel system)that is not used in a motor vehicle or avehicle used solely for competition, or that is not affected by sections 111 or 202 of the CAA; and

(3)A nonroadvehicleis a vehicle that is run by a nonroad engine and that is 

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not a motor vehicle or avehicle used solely for competition.

NAICS means North American Industry Classification System code. The NAICS codes are U.S. Department ofCommerce's codes for categorizing businesses by products or services and have replaced Standard Industrial Classification codes.

Nitrogenoxides (NOx) means nitrogen oxides (NOx) as defined in 40 CFR 60.2

as all oxides ofnitrogen except N20. Nitrogen oxides should be reported on

an equivalent molecular weight basis as nitrogen dioxide (NO2).

Nonpointsourcescollectively 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 ofsources.

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

(1)Filterable PM 2 5 orFilterable PMo: Particles that are directly emitted by a

source as a solid orliquid at stack or release conditions and captured onthe filter ofa stack test train. Filterable PM2.5 is particulate matter with an aerodynamic diameter equal to orless than 2.5 micrometers. Filterable PMo is particulate matter with an aerodynamic diameter equal to or less than 10 micrometers. (2) CondensablePM:Material thatis 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, ifpresent from a source, is typically in the PM2. 5 size fraction and, therefore, all ofitis a component ofboth primary PM2. 5 and primary PM10. (3)Primary PM 2.5:The sum of filterable PM2.5 and condensable PM. (4) Primary PMlo:The sum of filterable PM1oand condensable PM. (5)SecondaryPM: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.

Percentcontrolapproachcapture efficiency means the percentage of an exhaust gas stream actually collected for routing to a set of control devices. Percentcontrolapproach effectiveness means the percentage of time or activity throughputthat 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 ofequipment downtime, upsets and decreases in control efficiencies.

Percentcontrolapproach penetration

means the percentage ofa nonpoint

source category activity that is covered by the reported control measures.

Percentcontrolmeasuresreduction efficiencymeans the net emission reduction efficiency across all emissions control devices. It does not account for capture device efficiencies.

Physicaladdressmeans the location address (streetaddress 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.

Pointsourcemeans large, stationary (non-mobile), identifiable sources of emissions thatrelease pollutants into the atmosphere. Apoint source is a facility that is amajor source under 40 CFR part 70 for one or more ofthe pollutants for which reporting is required by §51.15 (a)(1). This does not include the emissions ofhazardous 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 1of Appendix A.

Pollutantcodemeans a unique code for each reported pollutant assigned by the reporting format specified by the EPA for each inventory year.

Releasepointapportionment percent

means the average percentage(s) of an emissions exhaust stream directed to a given release point.

Releasepointexitgas flow ratemeans the numeric value ofthe flow rate ofa stack gas.

Releasepointexitgas temperature

means the numeric value ofthe temperature ofan exit gas stream in degrees Fahrenheit.

Releasepointexitgasvelocity means the numeric value ofthe velocity of an exit gas stream.

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

Releasepointstackdiametermeans the inner physical diameter ofa stack. Releasepointstackheightmeans physical height of a stack above the surrounding terrain.

Releasepointtype codemeans the code for physical configuration ofthe release point.

Reportingperiodtypemeans the code describing the time period covered by the emissions reported, i.e., Annual, 5- month ozone season, summer day, or winter.

Sourceclassificationcode (SCC)

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

StateandcountyFIPScodemeans the system ofunique identifiers in the Federal Information Placement System (FIPS)used to identify states, counties and parishes for the entire United States, Puerto Rico, and Guam.

Throughputmeans a measurable factor orparameter thatrelates directly

orindirectly to the emissions ofan air pollution source during the period for which emissions are reported. Depending on the type ofsource category, activity information may refer
to the amount offuel combusted, raw material processed, product manufactured, or material handled or processed. It may alsorefer 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.

TypeA sourcemeans large point

sources with a potential to emit greater than or equal to any ofthe thresholds listed in Table 1 ofAppendix A ofthis subpart. Ifa source is a Type A source for any pollutant listed in Table 1,then the emissions for all pollutants required by §51.15 must be reported forthat

source.

Unitdesigncapacitymeans a measure ofthe size ofa point source, based on the reported maximum continuous throughput or output capacity ofthe unit. Unitidentifier means aunique code for the unit that generates emissions, typically a physical piece of equipment

or a closely related set ofequipment.

VOCmeans volatile organic compounds. The EPA's regulatory definition ofVOC is in 40 CFR 51.100.

m9. InAppendix A to subpartA ofpart 51:



### ma.Revise tables 1,2a, and 2b. * b. Remove table 2c.

The revisions read as follows: Appendix A to SubpartA ofPart51- Tables 

### 8797

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

TABLE 

### 1 TO APPENDIX 

### A OF SUBPART A-EMISSION THRESHOLDS 1 BY POLLUTANT FOR TREATMENT AS POINT SOURCE UNDER 

### 40 CFR 51.30

Every-year Triennial Pollutant (Type A sources) 2 Type Bsources NAA sources 3

(1) SO2

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

. 

### >2500 

### >1 00

.................... >100

. (2) VOC

............................................................................................................... . >250 >100

.................... 03 (moderate)

_100

.

........................ . ............................. 03(serious)_>50

.

........................ . ............................. 03(severe)_25

.

........................ . ............................. 03 (extreme) _> 10

. (3) N Ox ............................................................................................................... 1>2 500 >100

.................... >100

. (4) CO

................................................................................................................. . >2500 >1000

.................. 03 (allareas) _> 100

.

........................ . ............................. CO (all areas) >100

. (5) Lead

............................................................................................................... . ........................ ( u0.5 (actual)

........ _> 0.5 (actual). (6) Primary PM 1o .................................................................................................

. >250 >100

.................... PM 1 o(moderate) _100.

........................ . ............................. PM 1o (serious) _>70

. (7) Primary PM 2.5

................................................................................................ 1>25 0 >100

.................... >100

. 

### (8

)N H

34

.............................................................................................................. 12 

### 50 _> 1

### 00

.................... _> 100

. 1Thresholds for point source determination shown in tons per year of potential to emit as defined in 40 CFR part 70, with the exception of lead. Reported emissions should be in actual tons emitted for the required time period.

2Type A sources are a subset of the Type Bsources 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 PM 10 . 4 NH3 threshold applies only in areas where ammonia emissions are a factor in determining whether a source is a major source, he., where ammonia is considered a significant precursor of PM 2. 5.

TABLE 

### 2a TO APPENDIX 

### A OF SUBPART

A-FACILITY INVENTORY 1 DATA ELEMENTS FOR REPORTING EMISSIONS FROM POINT SOURCES, WHERE REQUIRED BY 

### 40 CFR 51.30

Data elements

(1) Emissions Year. (2) State and County FIPS Code or Tribal

Code. (3) Facility Site Identifier. (4) Unit Identifier. (5) Emission Process Identifier. (6) Release Point Identifier. (7) Facility Site Name. (8) Physical Address (Location Address, Locality Name, State and Postal Code). (9) Latitude and Longitude at facility level. (10) Source Classification Code. (11) Aircraft Engine Type (where applicable). (12) Facility Site Status and Year. TABLE 

### 2a TO APPENDIX 

### A OF SUBPART A-FACILITY INVENTORY 1 DATA ELEMENTS FOR REPORTING EMISSIONS FROM POINT SOURCES, WHERE REQUIRED BY 

### 40 CFR 51.30-Continued

Data elements
(13) Release Point Stack Height and Unit of

Measure. (14) Release Point Stack Diameter and Unit

of Measure. (15) Release Point Exit Gas Temperature

and Unit of Measure. (16) Release Point Exit Gas Velocity or Release Point Exit Gas Flow Rate and Unit of Measure. (17) Release Point Status and Year. (18) NAICS at facility level. (19) Unit Design Capacity and Unit of Measure (forsome unit types). (20) Unit Type. (21) Unit Status and Year. TABLE 

### 2a TO APPENDIX 

### A OF SUBPART A-FACILITY INVENTORY 1 DATA ELEMENTS FOR REPORTING EMISSIONS FROM POINT SOURCES, WHERE REQUIRED BY 

### 40 CFR 51.30-Continued

Data elements
(22) Release Point Apportionment Percent. (23) Release Point Type. (24) Control Measure and Control Pollutant

(where applicable). (25) Percent Control Approach Capture Efficiency (where applicable). (26) Percent Control Measures Reduction Efficiency (where applicable). (27) Percent Control Approach Effectiveness

(where applicable).
1Facility Inventory data elements need only be reported once to the EIS and then revised if needed. They do not need to be reported for each triennial or every-year emissions inventory.

TABLE 

### 2b TO APPENDIX 

### A OF SUBPART A-DATA ELEMENTS FOR REPORTING EMISSIONS FROM POINT, NONPOINT, ONROAD MOBILE AND NONROAD MOBILE SOURCES, WHERE REQUIRED BY 

### 40 CFR 51.30

Data elements Point Nonpoint Onroad Nonroad

(1) Emissions Year .......................................................................................................... Y Y Y Y (2) FIPS code ........................... ...................................................................................... Y Y Y Y (3) Shape Identifiers (where applicable)

......................................................................... ................ Y

........................................ (4) Source Classification Code ....................................................................................... .................... Y Y Y (5) Emission Type (where applicable)

............................................................................. .................... Y Y Y (8) Emission Factor ......................................................................................................... Y Y

.................... . ................... (9) Throughput (Value, Material, Unit of Measure, and Type)

........................................ Y Y Y (10) Pollutant Code .......................................................................................................... Y Y Y Y (11) Annual Emissions and Unit of Measure

.................................................................. Y Y Y Y (12) Reporting Period Type (Annual)

.............................................................................. Y Y Y Y (13) Emission Operating Type (Routine)

......................................................................... Y (14) Emission Calculation M ethod

................................................................................... Y Y

.................... .................... (15) Control Measure and Control Pollutant (where applicable)

.................................... Y

........................................ (16) Percent Control Measures Reduction Efficiency (where applicable)

.......... .................... Y

........................................ (17) Percent Control Approach Effectiveness (where applicable)

............... ................. Y

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

..................................... Y..................... Y

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

### 8798Federal Register/Vol. 80, No. 33/Thursday, February 19, 2015/Rules and Regulations

Subpart G-Control Strategy

* 10. In §51.122: * a.Revise paragraphs (a), (c)(1)(i), (c)(2), (c)(3), (f), and (g). * b. Remove andreserve paragraph (d).

The revisions read as follows:
§51.122 Emissions reporting requirements for SIP revisions relatingto budgetsfor NOx emissions.

(a) As used in this section, words and
terms shall have the meanings setforth in §51.50. In addition, the following
terms shall apply to this section: (1)Ozone season emissions means emissions during the period from May 1through September 30 ofa 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 tobe represented.

* * * * *

(c) * * * (1) * * * (i) The state must report to EPA emissions data from all NOx sources within the state for which the state specified control measures in its SIP submission under § 51.121(g), including all sources for which the state has adopted measures that differ fromthe

measures incorporated into the baseline inventory for the year 2007 that the state developed in accordance with §51.121(g).The state must also report to EPA ozone season emissions ofNOx and summer day emissions ofNOx from any point, nonpoint, onroad mobile, or nonroad mobile source forwhich the
state specified control measures in its SIP submission under §51.121(g).

* * * * *

(2)Forthe 3-year cycle reporting, each plan must provide for triennial (i.e.,every third year)reporting ofNOx emissions data from all sources within the state. The state must also report to EPA ozone season emissions ofNOx and summer day emissions ofNOx from allpoint sources, nonpoint sources, onroad mobile sources, and nonroad mobile sources. (3)The data availability requirements in §51.116 mustbe followed for all data submitted to meet the requirements of paragraphs (c)(1) and (2) ofthis section. (d) [Reserved]

* * * * *

(f)Reportingschedules.Data collection is to begin during the ozone

season 1year prior to the state's NOx SIP Call compliance date. (g) The state shall report emissions as point sources according to the point

source emissions thresholds ofthe Air Emissions Reporting Rule (AERR), 40 CFR part 51, subpart A. The detail ofthe emissions inventory shall be consistent with the data elements required by40 CFR part 51, subpart A. When submitting aformal NOx Budget Emissions Report and associated data,
states shall notify the appropriate EPA Regional Office.
Subpart X-Provisionsfor Implementation of 8-hour Ozone National Ambient AirQuality Standard

* 11. In §51.900, addparagraph (v)to read as follows:
§51.900 Definitions.

* * * * *

(v)Summer dayemissionsmeans 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 ofRFP plans, ROP plans and demonstrations, and/or emissions budgets for transportation conformity, to allow comparability ofdaily emission estimates.

0 12. Revise §51.915 toread asfollows:
§51.915 What emissions inventory requirements apply underthe 8-hour NAAQS?

For each nonattainment area subject
to subpart 2in accordance with §51.903, the emissions inventory requirements in sections 182(a)(1) and 182(a)(3) ofthe Act shall apply, and such SIP shall be due no later 2years after designation. For each nonattainment area subject only to title I, part D, subpart 1 ofthe Act in accordance with §51.902(b), the emissions inventory requirement in section 172(c)(3) ofthe Act shall apply, and an emission inventory SIP shall be due no later 3years after designation. The state must report to the EPA

summer day emissions of NOx and VOC from allpoint 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 ofthe Air Emissions Reporting Rule (AERR), 40 CFRpart 51, subpart A. The detail ofthe emissions inventory shall be consistent with the data elements required by 40 CFR part 51, subpart A.

[FRDoe. 2015-03470 Filed 2-18-15; 8:45 am]

BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Parts 60, 61, and 63 [EPA-R06-OAR-2007-1205; FRL9923-05- Region 6]

New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authorityto Albuquerque-Bernalillo County Air Quality Control Board
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule; delegation of authority.
SUMMARY: The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation of the Environmental Protection Agency (EPA) authority for implementation and enforcement ofNew Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (bothpart 70 and nonpart 70 sources). The delegation of authority under this action applies only
to sources located inBernalillo County, New Mexico, and does not extend to

sources located in Indian Country. EPA is providing notice thatit is updating the delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB. DATES: This rule is effective on April 20, 2015 without further notice, unless EPA receives relevant adverse comment by March 23, 2015. IfEPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the updated NESHAPs delegation will nottake effect; however, the NSPS delegation will not be affected by such action. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06- OAR-2007-1205, by one ofthe following methods:

* www.regulations.gov. Follow the on-line instructions.

* Email: Mr. Rick Barrett at barrett.richard@epa.gov. Please also send a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT section below.

* Mail or delivery: Mr. Rick Barrett, Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.

Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-1205. EPA's policy isthat all comments received will be included in the public 

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