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Federal Register/Vol. 67, No. 111/Monday, June 10, 2002/Rules and Regulations

Captain of the Port or his designated

representative. The Captain of the Port

can be contacted at telephone number

(757) 441-3298.

(3) No vessel movement is allowed

within the safety zone unless expressly

authorized by the COTP or his

designated representative.

(d) Effective Dates. This section will

be effective from 8:30 a.m. local time,

June 3, 2002, to 4 p.m. local time June

21, 2002.

Dated: May 31, 2002.

L.M. Brooks,

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

Port, Hampton Roads.

[FR Doc. 02-14521 Filed 6-7-02; 8:45 am]

BILLING CODE 4910-15-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 51

[AD-FRL-7223-8]

RIN 2060-AH25

Consolidated Emissions Reporting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action simplifies and

consolidates emission inventory

reporting requirements to a single

location within the Code of Federal

Regulations (CFR), establishes new

reporting requirements related to PM 2.5

and regional haze, and establishes new

requirements for the statewide reporting

of area source and mobile source

emissions. Many State and local

agencies asked EPA to take this action

to: Consolidate reporting requirements;

improve reporting efficiency; provide

flexibility for data gathering and

reporting; and better explain to program

managers and the public the need for a

consistent inventory program.

Consolidated reporting should increase

the efficiency of the emission inventory

program and provide more consistent

and uniform data.

DATES: The regulatory amendments

announced in this rule take effect on

August 9, 2002.

ADDRESSES: Docket. Supporting material

used in developing the proposal and

final regulatory revisions is contained in

Docket Number A-98-40. This docket is

available for public inspection and

copying between 8:30 a.m. and 5:30

p.m., Monday through Friday. The

address of the EPA air docket is: Air and

Radiation Docket and Information

Center (6102), Attention Docket Number

A-98-40, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460. The Docket is

located in Room M-1500, Waterside

Mall (ground floor). The telephone

number for the EPA air docket is (202)

260-7548. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT:

William B. Kuykendal, Emissions,

Monitoring, and Analysis Division

(MD-C205-01), Office of Air Quality

Planning and Standards, U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina,

27711, Telephone: (919) 541-5372,

email: kuykendal.bill@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Authority

Sections 110(a)(2)(F), 110(a)(2)(K),

110(a)(2)(J), 110(p), 172(c)(3), 182(a)(3),

187(a)(5), 301(a) of the Clean Air Act.

II. Background

Emission inventories are critical for

the efforts of State, local, and federal

agencies to attain and maintain the

National Ambient Air Quality Standards

(NAAQS) that EPA has established for

criteria pollutants such as ozone,

particulate matter, and carbon

monoxide. Pursuant to its authority

under section 110 of Title I of the Clean

Air Act (CAA), EPA has long required

State Implementation Plans (SIPs) to

provide for the submission by States to

EPA of emission inventories containing

information regarding the emissions of

criteria pollutants and their precursors

(e.g., volatile organic compounds

(VOC)). The EPA codified these

requirements in 40 CFR part 51, subpart

Q in 1979 and amended them in 1987.

The 1990 Amendments to the CAA

revised many of the provisions of the

CAA related to the attainment of the

NAAQS and the protection of visibility

in mandatory Class I Federal areas

(certain national parks and wilderness

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 three years for

ozone nonattainment areas beginning in

1993. Emissions reported must include

VOC, nitrogen oxides (NOx), and carbon

monoxide (CO) for point, area, mobile

(onroad and nonroad), and biogenic

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

required States to submit an inventory

every three years for CO nonattainment

areas for the same source classes, except

biogenic sources. The EPA, however,

did not codify these statutory

requirements in the Code of Federal

Regulations (CFR), but simply relied on

the statutory language to implement

them.

The EPA has promulgated the NOx

SIP Call (§ 51.121) which calls on the

affected States and the District of

Columbia to submit SIP revisions

providing for NOx reductions in order

to reduce the amount of ozone and

ozone precursors transported among

States. As part of that rule, EPA

established emissions reporting

requirements to be included in the SIP

revisions to be submitted by States in

accordance with that action.'

This rule consolidates the various

emissions reporting requirements that

already exist into one place in the CFR,

establishes new reporting requirements

related to PM 2.5 and regional haze, and

establishes new requirements for the

statewide reporting of area source and

mobile source emissions. This rule also

includes the reporting provisions for the

NOx SIP call. The NOx SIP call

reporting requirements are very detailed

and are specified in 40 CFR 51.122; this

rule references these requirements.

In this action, we refer to the required

types of inventories as the following:

* Annual inventories.

* 3-year cycle inventories.

The EPA anticipates that States will

use data obtained through their current

annual source reporting requirements

(annual inventories) to report emissions

from larger point sources annually.

States will need to get data from smaller

point sources only every third year.

States may also take advantage of data

from Emission Statements that are

available to States but not reported to

EPA. As appropriate, States may use

these data to meet their reporting

requirements for point sources. States

will also be required to inventory area

and mobile source emissions on a

Statewide basis for the 3-year cycle

inventory. We will be furnishing each

State the National Emission Inventory

(NEI) which should be a good starting

point for estimating area source

emissions. Mobile source emissions

should be estimated by using the latest

emissions models and planning

assumptions available. The MOBILE

emissions factor model should be used

to estimate emissions from on-road

'EPA recognizes that the United States Court of

Appeals has remanded certain issues regarding the

NOx SIP call to the Agency. See Michigan v. EPA,

213 F. 3d 663 (D.C. Cir. 2000), and Appalachian

Power Co. v. EPA, No. 99-1268, United States Court

of Appeals for the District of Columbia Circuit, slip

op. Issued June 8, 2001. Those issues, however, do

not include the reporting requirements and the

consolidation of those requirements does not

represent any prejudgment of the issues on remand

to the Agency.

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transportation sources, in combination

with the latest available estimates of

vehicle miles traveled (VMT). The

NONROAD model can be used for offroad mobile sources as appropriate. By

merging this information into a

comprehensive emission inventory,

State and local agencies may do the

following:

* Measure their progress in reducing

emissions.

* Have a tool they can use to support

future trading programs.

* Set a baseline from which to do

future planning.

* Answer the public's request for

information.

We intend these inventories to help

nonattainment areas develop and meet

SIP requirements to reach the NAAQS

and comply with the regional haze

regulation.

For the first time, all States will need

to inventory direct emissions of PM 2.5

and ammonia (NH3 ). Since PM 2 .

5 is both

a NAAQS pollutant and a major

contributor to visibility impairment, we

feel it is appropriate to begin collecting

this emissions data. These PM 2 .5 related

data elements are needed as input to

emission models. Emissions data will

also be a factor in the development of

PM2.5 nonattainment area boundaries.

The Administrator has determined

that States should submit statewide

annual and 3-year cycle inventories for

PM 10 , PM 2 .5, and regional haze,

consistent with the data requirements

for 03 and CO. Sections 110(a)(2)(F) and

172(c)(3) provide ample statutory

authority for this rule. Section

110(a)(2)(F) provides that SIPs are to

require "as may be prescribed by the

Administrator * * * (ii) periodic

reports on the nature and amounts of

emissions and emissions-related data

from such sources." Section 172(c)(3)

provides that SIPs for nonattainment

areas are to "include a comprehensive,

accurate, current inventory of actual

emissions from all sources of the

relevant pollutant or pollutants in such

area, including such periodic revisions

as the Administrator may determine

necessary to assure that the

requirements of this part are met."

Additional statutory authority for

emissions inventories from 1-hour

ozone nonattainment areas is provided

by section 182(a)(3)(A) and for

emissions inventories from CO

nonattainment areas is provided by

section 187(a)(5). Section 301(a)

provides authority for EPA to

promulgate regulations embodying these

provisions.

What Is the Purpose of the Consolidated

Emissions Reporting Rule (CERR)?

The purpose of this rule is fivefold:

* Simplify emissions reporting,

* Offer options for data submittal,

* Unify reporting dates for various

categories of inventories,

* Include reporting fine particulate

matter and NH3 (Note: Initially PM 2 .S

and NH 3 reporting will only be required

for area and mobile sources. States will

be required to commence point source

reporting of PM 2 .S and NH3 at a later

date as detailed in § 51.30.) and,

* Include Statewide reporting for area

and mobile sources.

Previous requirements may have, at

times, led to inefficient reporting. This

rule provides for options for reporting

that allow States to match their ongoing

activities with federal requirements.

This action also consolidates existing

and new requirements of emission

inventory programs for annual and 3-

year cycle inventories.

Who Will Have To Comply With the

CERR Requirements?

This rule will apply to State air

pollution control agencies. In the

special case where a State

Implementation Plan provides for

independent jurisdiction for local air

pollution control agencies, these local

agencies will also have to comply with

the CERR requirements. In the rule, we

have adopted "plain English language".

When "you" is used, we mean the State

or local agency. When "we" is used,

EPA is meant.

How Will This Rule Affect Tribes?

One of the principal goals of the

Tribal Authority Rule (TAR) is to allow

tribes the flexibility to develop and

administer their own CAA programs to

as full an extent as they elect, while at

the same time ensuring that the health

and safety of the public are protected. In

seeking to achieve this principal goal,

the TAR adopts a modular approach,

that is, it authorizes tribes to develop

and implement only discrete portions of

CAA programs, instead of entire

complex programs. Neither the CAA nor

the TAR require tribes to adopt and

manage CAA programs. Accordingly,

the tribes are not required to develop an

emissions inventory for sources within

their jurisdiction. However, the

emissions inventory is an important part

of understanding the air quality status

on the reservations and would be

helpful in determining the best

approach for addressing any air quality

issues identified. Therefore, EPA

expects that many of the tribes will wish

to develop emissions inventories. This

rule can provide valuable guidance to

the tribes on how to develop these

inventories, for example, by pointing

out that any inventory data that are

collected should be quality assured, and

explaining how to do so. In addition, it

would be very helpful if this

information were recorded in EPA's

National Emission Inventory (NEI) data

format. This would make it possible to

include the tribal data in the NEI which

should facilitate future efforts by EPA

when working with the tribes to develop

air quality plans for reservations.

How Are the CERR's Requirements

Different From Existing Requirements?

(a) Additional Pollutants

Your State's inventory will add PM 2 5

and the precursor NH3 to the criteria

pollutants. (Note: Initially PM2 .s and

NH3 reporting will only be required for

area and mobile sources. States will be

required to commence point source

reporting of PM 2.s and NH3 at a later

date as detailed in § 51.30.)

(b) Geographic Coverage of Inventory

Your State now reports point source

emissions statewide and emissions from

area and mobile sources by

nonattainment area. Your State's new

inventory will be statewide by county

for all source types, regardless of the

attainment status.

(c) Frequency of Reporting

Your State will continue to report

emissions from larger point sources (See

Table 1 of Appendix A) annually. Your

State has a choice to report smaller

point sources every three years or onethird of the sources each year. Your

State will continue to report emissions

from nonattainment areas for area and

mobile sources every three years. Area

and mobile source emissions in all other

areas will be required to be reported for

the first time, also every three years.

How Will EPA Use the Data Collected

Under This Reporting Requirement?

The EPA uses emission inventories

for the following purposes:

* Modeling analyses,

* Projecting future control strategies,

* Tracking progress to meet

requirements of the CAA,

* Calculating risk and

* Responding to public inquiries.

How Will Others Use My Data Collected

Under This Requirement?

Some States need emissions data for

areas outside their borders. Programs

such as the Ozone Transport

Assessment Group, the Ozone Transport

Commission NOx Baseline Study, and

the Grand Canyon Visibility Transport

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Commission demonstrated this need. As

we recognize pollution as a regional

problem, agencies will need multistate

inventories more often to do such things

as regional modeling. The EPA has

established five Regional Planning

Organizations (RPOs) that cover the

nation. The RPOs are initially charged

with developing regional strategies to

address visibility concerns. Each RPO

will be developing a regional emission

inventory that will be used in regional

scale modeling.

We can meet our common needs by

creating a central repository of data from

State and local agencies, or a group of

regional emissions databases. Such

repositories offer the advantage of ready

access and availability, common

procedures for ensuring the quality of

data, and an ability to meet the general

needs of many potential users.

What Happens if EPA Doesn't Get My

Agency's Emissions Data?

We have structured this rule and our

own emission inventory development

plans so that the chance of this

happening is minimized. We will

develop our own preliminary National

Emission Inventory (NEI) and furnish it

to each State. You may choose to use the

NEI as a starting point for development

of your Statewide emission inventory.

We strongly urge you to develop your

own emission inventory. However, you

may choose to accept all or part of the

area source, mobile source and biogenic

portions of the NEI as estimated by EPA

without change and use these as your

submittal to EPA. To do this, you can

certify that you accept the EPA

developed portions as your own

estimates. Since you have been required

to submit point source inventories to us

since 1979 and since today's action

reduces your point source reporting

burden, you cannot use the NEI to

satisfy your obligation to submit point

source data.

If we don't receive your emissions

information at the time this rule

specifies, we'll use our preliminary NEI

to produce final emissions estimates for

your geographical area.

The CAA provides for certain actions

if we do not receive your data,

depending on the type of area, the

pollutants involved, and the type of

inventory submittal in question. All of

the emissions information submissions

specified by this rule are required

submissions under section 110(p) of the

CAA. There are also required

submissions under the provisions of

each existing approved State

Implementation Plan, by virtue of

section 110(a)(2)(F)(ii). If States do not

make the required data submissions, we

may make a finding of failure to

implement the SIP even though we have

substituted our preliminary estimates

for the data you were required to submit

but did not. In some cases, for example

the three-year periodic emission

inventories in ozone nonattainment

areas, the submissions are statutorily

required SIP revisions. Accordingly, we

may also or instead make a finding of

failure to submit.

III. Comments Received on the Proposal

The forty-five day comment period for

the May 23, 2000 proposal (65 FR

33268) expired on July 7, 2000. We

received comments from forty-one

respondents. These comments were

submitted by twenty-eight State and

local agency representatives, eleven

industrial organizations and two

environmental organizations. We have

addressed all comments in detail and

placed them in the docket. The major

comments and their resolution are

discussed below. As an aid to the

reader, we have grouped related

comments under broad topical

headings.

A. Hazardous Air Pollutant Reporting

A number of commenters responded

to the section in the preamble of the

proposed rule, "What Additional

Reporting Requirements Is EPA

Considering?". This section discussed

how EPA might require the reporting of

hazardous air pollutants (HAPs) in the

final rule. The predominant comment

was that EPA should not include HAP

reporting requirements in the final rule

until the specific HAP reporting

requirements were proposed. We have

carefully considered this comment and

agree. We have limited this rulemaking

to the criteria pollutants including PM 2.5

and NH 3. We plan to develop HAP

reporting measures at a future date. At

that time, we will address all other HAP

related comments.

B. Criteria Point Source Reporting

We received several comments

addressing the proposed applicability

threshold (the emission limit at which

a State is required to report a facility as

a point source), the associated basis for

determining applicability (applicability

based on either "actual" or "Title V

permitted" criteria pollutant emissions),

and reporting frequency.

Existing rules require State agencies

to annually report criteria pollutant

emission inventory information for all

qualifying point sources statewide. The

reporting thresholds in place prior to

this rule were for any point source with

actual emissions greater than or equal to

any one of the following levels: 100 tons

per year for SOx, NOx, VOC, and PM1o;

1000 tons per year for CO and 5 tons per

year for lead. This rule revises the

applicability threshold by assigning the

point sources into two categories termed

Type A (large point sources) and Type

B (all point sources), and reduces the

reporting frequency for the smaller

sources. Qualification as either a Type

A or B source is still based upon a point

source's actual emissions of the same

criteria pollutants. Under our new

terminology, all of the sources that were

defined as a point source under the old

thresholds are defined as Type B

sources. Type A sources are the larger

emitting sources and are a subset of the

Type B sources. The reporting

thresholds for Type A and Type B

sources are presented in Table 1 of

Appendix A.

Several State and local agencies

indicated that the proposed Type A and

B categories and associated emission

thresholds were confusing and

increased their reporting burden. These

commenters recommended that we use

the CAA's Title V definition of major

source instead of the two subsets for

determining point source applicability

for this rule. (Note: for criteria

pollutants, a major source under Title V

is any stationary source or any group of

stationary sources located within a

contiguous area and under common

control that has the potential to emit

100 tons per year. However, sources

located in nonattainment areas can have

lower emission thresholds that would

define them as major sources.) In

addition to lowering the applicability

threshold, use of the Title V definition

would shift the basis for determining

the applicability of the rule from

"actual" to "potential" emissions.

Commenters advocating the use of the

Title V major source definition

indicated that they maintain emission

inventory data on all of their Title V

sources and their reporting burden

would increase if we required them to

designate sources in their database as

Type A (large point sources) vs Type B

(all point sources).

We also received comments opposing

the use of the Title V major source

definition for determining applicability.

These commenters indicated that such a

requirement would increase their

reporting burden since they currently do

not gather the required emission

inventory information for all of the Title

V sources located in their jurisdiction.

In addition to the Title V applicability

issue, we received comments, both

advocating and opposing, the proposed

10 tpy VOC applicability threshold for

sources located in all ozone

nonattainment areas. Commenters

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opposed to the proposed VOC

applicability threshold recommended

that the existing 10 tpy level be raised

to the major source threshold. (The

major source threshold for VOC varies

between 10 and 100 tons per year of

potential emissions depending on the

ozone nonattainment classification.)

Other commenters advocated finalizing

the proposed 10 tpy VOC applicability

threshold.

Existing emission inventory reporting

rules require State and local agencies to

report emission inventory information

for all qualifying point sources on an

annual basis. The frequency for

reporting emission inventory

information was revised in the proposal.

As proposed, States would be required

to report emission inventory data for

Type A (large point sources) on an

annual basis and Type B (all point

sources) on a 3-year cycle. In response

to this revision, we received comments

both opposing the reduction and

comments advocating further reductions

in the reporting frequency. Commenters

opposing the reduction recommended

that we maintain the existing annual

reporting frequency for both Type A and

Type B sources. Commenters advocating

further reporting reductions wanted to

increase the time for reporting Type B

sources from 3 to 5 years.

After careful consideration of the

comments on the point source

applicability and reporting, we have

decided to promulgate the proposed

Type A (large point sources) and Type

B (all point sources) categories and the

associated criteria pollutant emission

thresholds, except for VOC, and the

reporting frequency. Regarding the VOC

applicability threshold for sources

located in ozone nonattainment areas,

we have decided to revise this

threshold, proposed as 10 tpy for all

ozone nonattainment areas, to be

consistent with the CAA definition of

major source in the respective ozone

nonattainment areas except that it will

apply to actual rather than to potential

emissions.

When assessing comments on

applicability and reporting issues, we

considered the fact that this proposal

was developed with input from a work

group that included representatives

from three states (California, New Jersey

and Texas) and EPA. In addition to this

workgroup, we maintained an active

dialog about this proposal with a larger

number of States through the State and

Territorial Air Pollution Program

Administrators (STAPPA) and the

Association of Local Air Pollution

Control Officials (ALAPCO). The fact

that this proposal received strong

support from the same State and local

agencies that are responsible for

complying with this rule was a factor in

our decision to promulgate these

revisions. Another factor that affected

our decision is that the revisions to both

the point source category and reporting

frequency were proposed to reduce the

reporting burden on State agencies.

Because of their large size, the annual

requirement for Type A sources will

affect relatively few sources, yet capture

a large percentage of the emissions that

would be reported if all Type B sources

reported annually. Thus, we believe that

the promulgated revisions to

applicability threshold and reporting

frequency will not adversely affect our

effort to implement the CAA nor

diminish the usefulness of emission

inventory data accessible to the public.

We are sympathetic with the

additional reporting burden that this

rule would place on those agencies that

currently collect the required items of

emission inventory information on all

Title V sources, if they were required to

remove all data for smaller point

sources when preparing their annual

report on Type A (large point sources)

or their triennial report on Type B (all

point sources). Recognizing the need to

provide State agencies with additional

reporting flexibility and to reduce

reporting burden, the final rule is

explicit that we will accept emission

inventory information submitted by the

States that was collected and stored

using any more stringent definition of

point source and basis for determining

source applicability within the Title V

definition. Thus, an annual submission

of a point source emission inventory

that uses the Title V major source

definition and potential emissions as

qualification factors for inclusion in a

State's emission inventory will be

accepted.

We believe that the promulgated rule

establishes the baseline or minimal data

requirements needed to implement the

CAA. We believe that requiring State

and local agencies to report sources

below the baseline established by this

rule would increase the reporting

burden with only a minimal increase in

the usefulness of the inventory.

However, this rule is not intended to

relax existing reporting thresholds and

frequencies established by State and

local agencies. We recognize that State

and local agencies may need emission

information on sources more frequently

and below the baseline established by

this rule in order to manage their air

quality. Thus States and local agencies

will have the flexibility to establish

lower reporting thresholds and more

frequent reporting requirements than

those promulgated in this rule.

Several commenters noted that the

applicability limits for sources subject

to annual reporting specified in § 51.1

were incorrect. We agree with these

comments and have appropriately

modified the regulatory language.

One commenter noted that many of

the data elements required by this rule

for a point source are more appropriate

for an "emission unit". The commenter

recommended that the final rule include

thresholds for reporting emission unit or

stack data within a point source. After

reviewing this comment, we believe that

it would be confusing and would add

additional reporting burden to require

reporting thresholds below the facility

level. Therefore, we have decided not to

expand the reporting threshold

requirements below the facility level.

However, if States choose to report at

the sub-facility level, Table 2a in

Appendix A includes provisions for

reporting at the point, process and stack

levels.

C. Criteria Area/Mobile/Biogenics

Reporting

One commenter noted that we are

requiring States to submit criteria

pollutant emission estimates for all

counties regardless of an area's

classification (attainment or

nonattainment) and that States, having

historically done a good job when

concentrating on problem areas,

generally do not have the resources to

perform a good job on every county

especially when estimating area,

nonroad, and mobile sources in small

metropolitan areas. The commenter

recommended that we develop these

estimates and not burden the States.

For the 1996 emission inventory, we

prepared an estimate of the criteria

pollutants from point, area, mobile,

nonroad and biogenic sources and

provided these data to the States for

their review prior to their initiating the

emission inventory reporting effort. The

States were able to use the EPA

estimates as they prepared their 1996

emission inventory. For area sources,

mobile sources and biogenic sources, we

offered States the option of either

notifying us that they agreed with our

estimate or revising the estimate and

providing us with updated information.

The States were still required to provide

State developed estimates for point

sources. Recognizing the burden to

States, we plan to continue to provide

States with our emissions estimate for

their review and use in future emission

inventory preparation.

Another commenter noted that in the

proposed preamble section "What

happens if EPA doesn't get my agency's

emissions Data?" that we state that we

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will generate the non-supplied data

using our own techniques. The

commenter wondered if the State could

simply accept the data we developed.

The commenter also stated that if we

developed data not supplied by the

State, that we should label the data as

our estimates. The commenter stated

that our estimates made without State

agreement could be challenged with due

cause. We have rewritten this section of

the preamble to explicitly state that we

will furnish each State with an

inventory that we prepared for that State

(the National Emission Inventory (NEI)).

The States may use the NEI as they

prepare their State inventories. The

States are strongly encouraged to

improve upon our NEI estimates.

However, they may choose to resubmit

all or part of the NEI to us as their

State's inventory. If they do this, then

they are certifying that the adopted NEI

portions are their estimates. If States

ignore the requirements of this rule and

do not make a timely inventory

submittal to us, we will use our NEI to

fill data gaps that will allow us to

proceed with our various analyses.

D. PM2.

5 and Precursors

One commenter stated that we should

revise our list of reported pollutants

under § 51.20 to include only specific

compounds or groups of compounds.

This commenter wanted us to remove

"PM 2 s precursors" from our list of

pollutants. We have carefully evaluated

this comment and agree that the term

"PM 2 s precursor" is not precise. There

is not an acceptable enforceable

definition of this term. When "PM 2 s

precursor" was used in the proposed

rule, the compounds or groups of

compounds SOx, VOC, NOx and NH 3

were meant. Since the CERR specifically

requires the reporting of SOx, VOC and

NOx, we have dropped the term "PM 2 5

precursors" and substituted NH 3 in the

list of required pollutants. The proposed

rule specifically stated that NH 3 was a

"PM 2.5 precursor", so this modification

merely simplifies the list of required

pollutants; it does not add a new

pollutant to the list.

E. Tools

Several commenters stated that the

emissions estimation tools were

inadequate to produce acceptable

emission inventories. These

commenters pointed out specific types

of estimation tools that they believed

were either not available at all or were

not adequate. These included EPAdeveloped models including the

MOBILE model, the NONROAD model,

and the PART model and emission

factors, especially ones for PM 2.5 and

NH 3 . We agree that improvements in

many of the emission estimation

techniques are highly desirable,

particularly in some of the areas

identified by the commenters. However,

we know that there will always be the

opportunity to improve emission

estimation techniques and that this is an

evolutionary process. The CERR does

not require the use of any specific

emission estimation technique. There

are emission estimation techniques

available for all of the required

pollutants and their major sources.

Therefore, we believe that State or local

agencies should be able to make

emission inventory submittals that will

be acceptable to EPA using current

state-of-the-art techniques.

F. Reporting Deadlines/schedules

As proposed, this rule would have

been applicable for the 1999 reporting

year. Commenters noted that States had

already begun compiling their 1999

point source inventories. These

commenters would like for us to

incorporate a phase-in or

implementation schedule into the rule

that would allow sufficient time for

some agencies to go through a

rulemaking process to align their

requirements with the new

requirements specified by this rule. In

addition, lead time is required for some

agencies to conform to the standard data

format for the first time. After careful

consideration of these comments, we

have decided to change the first year

that States will be required to report

under this rule. The first "Annual Cycle

Inventory" will be for the year 2001.

The first "Three-year Cycle Inventory"

will be for the year 2002. Thus when

States begin to develop their 2001

annual cycle emission inventory, they

will only be required to submit the plant

information and emission data for Type

A (large point sources) as outlined by

this rule. Since the basic requirement

for point source reporting is not new,

the States should be able to comply.

Another reporting related issue

identified by the commenters was the

difference in the reporting schedule

between the proposed rule which

requires all States to report annual

emissions for certain sources and the

NOx SIP call rule which requires only

affected States to report ozone season

emissions. Some commenters

recommended that the reporting

schedule for these two inventories

should be the same. Specifically, the

NOx SIP call specifies that States must

report their ozone season emissions

inventory for subject facilities within 12

months after the end of the reporting

year. The proposed rule would require

States to report both annual and the 3-

year cycle inventories for subject

facilities within 17 months after the end

of the reporting year. The commenters

recommended that the reporting

schedule for the NOx SIP call inventory

be revised and made consistent with the

annual and three-year cycle inventories.

After considering the comment, we

have decided to maintain the NOx SIP

call reporting schedule on its 12-month

cycle. Maintaining the 12-month

reporting requirement for the NOx SIP

call inventory allows both the States

and us to take note of higher than

planned emissions early enough to give

an opportunity for action before the next

ozone season. Furthermore, for many

large NOx sources (e.g., utilities) that

must report directly to us, the NOx SIP

call rule does not require any State

reporting. Thus, the 12-month reporting

requirement is not a burden on the

States for these sources. We will

continue to consider the points made by

the commenters in light of the

experience that both of us have with the

12 month preparation and submission of

annual inventories. We may re-open this

requirement for comment at a later date.

One commenter noted that we did not

revise 40 CFR 51.321 to agree with the

proposed § 51.35. Each of these sections

contains due dates which did not agree.

We agree with this comment and have

rewritten both sections to ensure

consistency of the reporting dates.

G. Reporting Stack Data

One commenter noted that while the

proposed rule text required the

reporting of stack data every three years,

the blocks for stack data were not

checked in Table 2a for the column

Entire US". We acknowledge that the

omission of the checks was a mistake in

Table 2a for the data elements: 40. Stack

Height, 41. Stack Diameter, 42. Exit Gas

Temperature, 43. Exit Gas Velocity and

44. Exit Gas Flow rate for the columns

"Entire US". We have corrected this; the

column "Entire US" has been relabeled

"Every 3 Years'.

H. Funding Issues

A number of commenters raised the

issue of sufficient funding being

available to pay for these new emission

inventory requirements. These

commenters questioned whether we

would make additional monies available

to the States specifically to comply with

the provisions of the CERR. We are

aware that the CERR does apply

additional reporting burden on the

States. In this preamble, under "IV.

Administrative Requirements, C.

Paperwork Reduction Act," we have

estimated the incremental burden of the

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new requirements to be about

$2,133,000 per year nationally. This

estimate is based on information

supplied by the States to us during the

comment period and assumes that the

States will be doing new work.

However, in this preamble, under "II.

Background, What happens if EPA

doesn't get my agency's data?" we

discuss how you may use the EPAsupplied NEI in the preparation of your

emission inventory. If you choose to use

the NEI estimates for area, mobile and

biogenic sources as your State's

estimates, your cost would be limited to

the preparation of your point source

inventory. We acknowledge that quality

of this NEI-based inventory would be

lower, but it would satisfy the specific

reporting requirements of the CERR. We

hope that future budgets at both the

Federal and State levels will improve

emission inventory funding. For FY

2001, the Congress authorized an

increase in the total air grant funds to

the States and the multi-State Regional

Planning Organizations. Some of these

funds were used for emission inventory

improvement. However, no new monies

are being made available through this

rulemaking.

L General

Several commenters stated that they

support EPA's efforts to consolidate and

improve emission inventory reporting

on a national level. The respondents

benefit from the data collected under

the CERR since consistently developed

statewide emission inventories assist in

regional planning processes, especially

for those downwind States whose

nonattainment status is caused in part

by pollution transported across State

boundaries. In addition, the collection

of PM 2 5 and NH 3 data will support

future State efforts to reach the visibility

improvement goals in Class I areas and

to attain the revised PM NAAQS.

We received several comments on our

estimate of reporting burden contained

in the proposed rule. These comments

are addressed in this preamble under

"IV. Administrative Requirements, B.

Paperwork Reduction Act".

J. EPA Initiated Changes

In addition to the above changes in

response to specific comments, we have

made other changes. Most of these

changes were editorial to improve

clarity or to correct grammatical

mistakes. The references to sections

182(a)(3)(A) and 182(a)(3)(B) under

"Authority" have been combined to

refer to section 182(a)(3) as a

simplification. An additional reference

under "Authority" has been added for

section 110(p). The preamble, Section G.

"Executive Order 13132: Federalism",

has been revised as discussed in that

section. In the "Background" section of

the preamble, we have added the new

subsection "How will this rule affect

Tribes?". This subsection immediately

follows "Who will have to comply with

the CERR requirements?" and clarifies

how Tribes will be affected by this rule.

We changed the name of four data

elements in Table 2a of Appendix A and

relocated one of them in the table. In the

proposed rule the data elements were: 7.

Federal ID code (plant), 8. Federal ID

code (point), 9. Federal ID code

(process) and 37. Federal ID code (stack

number). There is no "Federal ID code".

These data elements were renamed and

numbered as follows: 7. Facility ID

code, 8. Point ID code, 9. Process ID

code and 10. Stack ID code. In addition,

a check mark was inadvertently omitted

in the proposed rule for data element

"10. Stack ID code" for the column

"Annual (Type A Sources)". We have

added this check mark in the final rule.

The Glossary in Appendix A was also

revised to include these new names.

In the proposed rule under "§ 51.40 In

what form should my State report the

data to EPA?" and "§ 51.45 Where

should my State report the data?", we

proposed two specific electronic format

options and identified means of

reporting these data to us. Because

electronic reporting technology changes

frequently and is expected to become

even more efficient in the future, we

believe that structuring the final rule to

limit reporting to these formats in the

final rule unnecessarily restricts the

flexibility for both the States and EPA.

For this reason, we have revised both of

these sections to allow for the use of

new reporting formats in the future.

These changes do not substantively alter

this rule since, at this time, we will

support both of the formats identified in

the proposal; the National Emission

Trends (NET) format (renamed as the

National Emission Inventory (NEI)

format) and Electronic Data Interchange

(EDI) format, based on user needs.

We have also made changes to the

portions of the rule that were concerned

with the NOx SIP Call reporting

requirements. In the proposed rule, the

NOx SIP Call reporting requirements

were detailed in the regulatory text and

in the tables in Appendix A. However,

these requirements are actually

established in § 51.122 and are

presented in detail. In order to avoid

confusion and possible inconsistencies,

we have removed the NOx SIP Call

requirements and instead reference

them in this rule. Because § 51.122

establishes the reporting requirements,

the changes that we have made to the

CERR do not represent new

requirements for the States.

K. Changes Resulting from OMB Review

In their review of the Paperwork

Reduction Act portion of this rule, the

Office of Management and Budget

(OMB) has raised concerns about that

portion of the Information Collection

Request that addresses the reporting of

point source PM2 .

5 and NH 3 emissions.

Rather than delay the compliance date

of the rule, EPA has elected to delay

compliance with that portion which

concerns the collection of information

on point source PM2 .

5 and NH 3

emissions. As modified, the rule now

provides that States must commence

reporting point source emissions of

PM2 .

5 and NH 3 on June 1, 2004 provided

that, at least 60 days prior, we have

published an approved revised ICR

which addresses this subsection of the

rule. If we fail to meet the deadline for

June 1, 2004 reporting, States must

commence reporting point source

emissions of PM2 .

5 and NH 3 on the next

applicable reporting date that is at least

60 days after we publish an approved

ICR addressing this subsection of the

rule.

IV. Administrative Requirements

A. Docket

The docket for this regulatory action

is A-98-40. The docket is an organized

and complete file of all the information

submitted to, or otherwise considered

by, EPA in the development of this

rulemaking. The principal purposes of

the docket are: (1) To allow interested

parties a means to identify and locate

documents so that the parties can

effectively participate in the rulemaking

process and (2) to serve as the record in

case of judicial review (except for

interagency review materials). The

docket is available for public inspection

at EPA's Air Docket, which is listed

under the ADDRESSES section of this

document.

B. Executive Order 12866, Regulatory

Planning and Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), EPA must

determine whether the regulatory action

is "significant" and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. The Executive

Order defines "significant regulatory

action" as one that is likely to result in

a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

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productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs, or the rights and

obligation of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President's priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, OMB has notified EPA

that it considers this a "significant

regulatory action" within the meaning

of the Executive Order. The EPA has

submitted this action to OMB for

review. Changes made in response to

OMB suggestions or recommendations

have been documented in the public

record.

C. Paperwork Reduction Act

The information collection

requirements in this rule have been

submitted for approval to the Office of

Management and Budget (OMB) under

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

3501 et seq. Earlier the Office of

Management and Budget approved the

current information collection

requirements in part 51 under the

Paperwork Reduction Act and has

assigned OMB control number 2060-

0088 (EPA ICR No. 0916.09). The

Information Collection Request (ICR)

document for the new information

collection requirements has been

prepared by EPA (ICR No. 0916.10 ) and

a copy may be obtained from Sandy

Farmer by mail at Collection Strategies

Division; U.S. Environmental Protection

Agency (2822); 1200 Pennsylvania Ave.,

NW., Washington, DC 20460, by email

at farmer.sandy@epa.gov, or by calling

(202) 260-2740. A copy may also be

downloaded from the internet at

http://www.epa.gov/icr. The information

requirements are not enforceable until

OMB approves them.

Today's action revises part 51 to

consolidate old reporting requirements,

adds new requirements for PM 2.5 and

NH 3 (Note: Initially PM 2.5 and NH 3

reporting will only be required for area

and mobile sources. States will be

required to commence point source

reporting of PM 2.5 and NH 3 at a later

date as detailed in § 51.30.) and adds

new Statewide reporting requirements

for area and mobile sources. Data from

new reporting will be used to:

* Support modeling analyses,

* Project future control strategies,

* Track progress to meet

requirements of the CAA, and,

* Respond to public inquiries.

The rule contains mandatory

information reporting requirements;

EPA considers all information reported

under this rule to be in the public

domain and therefore cannot be treated

as confidential.

The information in the following table

was summarized from ICR 0916.10 and

presents the reporting burden estimates.

BURDEN ESTIMATE SUMMARY

Reporting requirement Number of re- Hours per re- Total hours Total labor Total annual Total annual

spondents spondent per year costs per year capital costs O&M costs

C urrent .................................................. 104 ................... 118 12,271 $365,756 $218,400 $12,480

Statewide Reporting, State agencies ... Varies ............... 1,120 42,630 1,267,126 ................................................

Statewide Reporting, Local agencies ... Varies ............... 574 15,022 446,511 ................................................

PM 2.

5 and N H 3 R eporting ...................... 104 ................... 84 8,736 259,667 ........................ ........................

C ER R-Com patible Reporting ................ Varies ............... 84 5,376 159,795 ........................ ........................

Total ............................................... Varies ............... 1,980 84,035 $2,498,855 $218,400 $12,480

The reporting burden is broken down

into "current requirements", "statewide

area and mobile source reporting

requirements", "PM 2 .5 and NH 3

reporting requirements", and "CERRcompatible reporting". This has been

done to highlight the major areas

changed by the CERR and to show the

impact of these changes on the

estimated burden. Significant public

comments received concerning each of

these components are discussed, as well

as any resulting changes made to the

burden estimates.

The burden hours estimated for all of

the emission inventory reporting

requirements in place prior to this rule

are labeled "current" and equal 118

hours per respondent per year. Because

of the streamlining and flexibility

offered by the CERR, these "current"

requirements are reduced from the

original burden estimate of 212 hours

per respondent; a savings of 94 hours

per respondent per year. Several

commenters had stated that the number

of respondents used to estimate burden

in the proposed ICR (i.e., 55)

underestimates the total number of

respondents, and does not include local

air pollution agencies. The EPA agrees

that the estimated total number of State,

Territorial and local agencies reporting

emissions inventory data directly to

EPA should be accounted for. This

number was estimated to be 104

respondents (i.e., 55 State and

Territorial agencies, plus 49 local

agencies). As a result, the total burden

hours per year for "current"

requirements has increased, but the

corresponding hours per respondent has

actually decreased.

The reporting requirements for

statewide area and mobile source

reporting add 57,652 hours per year.

Several commenters indicated that they

believed the burden estimate in the

proposed ICR to underestimate the

actual reporting burden to States. One

commenter stated that "while

consolidation may ease the current

burden on some state and local

agencies, it will have little effect on

others." The EPA acknowledges that

certain State or local agencies are farther

along than others in developing

statewide emission estimation

procedures. For States without

nonattainment areas, this would be a

new requirement, and the burden to

comply with this requirement may be

significant. Several commenters

indicated that the burden to perform

this activity will be zero since they are

already performing statewide

inventories. To respond to these

comments, the final ICR presents

increased burden estimates for a

percentage of State agencies to comply

with this provision of the rule, and the

remaining state respondents were

assumed not to incur additional burden

for this activity. Since local agencies are

presumed to have jurisdiction over

fewer counties than a State agency, the

statewide inventory burden for local

agencies was estimated to be one-half

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the time for the State agencies. In

addition, area and mobile source

reporting responsibility was only

attributed to one-half of the local agency

respondents.

The PM 2.

5 and NH 3 reporting

requirements add 8,736 hours per year.

Several commenters stated that the

burden estimate for PM 2 .5 reporting was

low and did not take into account the

amount of time needed to develop

emission factors since very little

dependable PM 2 .5 emissions factor

information exists. Several commenters,

however, indicated that the burden to

perform this activity will be zero since

they are already compiling PM 2 .5

inventories for their own emissions

inventory or modeling purposes. The

EPA agrees that burden hours associated

with PM 2.5 reporting were

underestimated in the proposed ICR.

EPA updated the one-time burden

estimate for the final CERR to reflect the

time it will take an average State or local

agency to generate a more representative

PM 2 .5 and NH3 emissions inventory, and

if necessary, to update agency reporting

systems to include PM 2 .

5 and NH 3 . The

revised estimate of 8736 hours includes

the effort for a State or local agency to

update their emissions reporting system

to include PM 2 .

5 and NH 3 . Although

States are not required to commence

reporting of PM 2 .

5 and NH 3 point source

emissions until June 1, 2004, this

burden estimate includes the effort for

a State to update their point source data

base in anticipation of this requirement.

Commenters questioned why EPA did

not include an estimate for industry

respondents for PM 2 .5 reporting, since

States may look to industry to provide

PM 2 .5 information. Another commenter

maintained that it seems inappropriate

to include industry respondents when

developing the burden estimates. The

EPA will include an estimate of the

burden hours required by industry, as

well as by State and local agencies, to

report PM 2.5 and NH 3 from point sources

in a subsequent revised ICR. States will

be required to commence point source

reporting of PM 2 .5 and NH 3 at a later

date as detailed in § 51.30.

Finally, several commenters believed

that the capital and operations and

maintenance costs were not

representative of actual costs that would

be incurred by respondents. The EPA

agrees and we have increased the costs

to reflect a higher number of work

stations, and multiplied costs per

respondent by an increased number of

respondents. In addition, although not

included as a capital cost, EPA

accounted for the labor hours and

associated costs of respondents to

convert their reporting systems to CERRcompatible format, since all agencies'

reporting systems are not presently

compatible with EPA's NEI Input

format.

The total burden impact of the CERR

is estimated to be 84,035 hours per year

for State, Territorial and local

respondents. It should be noted that, of

this total of 84,035 hours per year,

approximately 34,000 hours per year are

associated with start-up costs that will

no longer be incurred after the first three

years. Thus, after three years, the

estimated burden becomes about 50,000

hours per year.

We did not include Tribes in our

estimate of burden. While Tribes may

report their emissions to us, under the

Tribal Authority Rule they are not

required to do so. If the Tribes do not

provide emissions estimates to us, we

will estimate their emissions for them.

Generally, the emissions from tribal

lands are not major and therefore the

burden associated with estimating these

emissions is not large.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

An Agency may not conduct or

sponsor, and a person is not required to

respond to a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA's regulations are listed

in 40 CFR part 9 and 48 CFR chapter 15.

The OMB control number for the

information collection requirements in

this rule will be listed in an amendment

to [40 CFR part 9 or 48 CFR chapter 15]

in a subsequent Federal Register

document after OMB approves the ICR.

D. Impact on Small Entities

The Regulatory Flexibility Act (RFA),

as amended by the Small Business

Regulatory Enforcement Fairness Act of

1966 (SBREFA), 5 U.S.C. 601 et seq.

generally requires an agency to prepare

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements under the

Administrative Procedure Act or any

other statute unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small

organizations, and small governmental

jurisdictions.

For purposes of assessing the impacts

of today's rule on small entities, small

entity is defined as: (1) A small business

is defined in the Small Business

Administration's (SBA) regulations at 13

CFR 121.201. SBA defines small

business by category of business using

North American Industry Classification

System (NAICS) codes; (2) a small

governmental jurisdiction that is a

government of a city, county, town,

school district or special district with a

population of less than 50,000; and (3)

a small organization that is any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.

The EPA has determined that this

final rule will not have a significant

economic impact on a substantial

number of small entities. As stated in

the preamble under "Who will have to

comply with the CERR requirements?"

and in the rule under § 51.1, the rule

applies only to State agencies, which do

not constitute small entities within the

meaning of the RFA.

E. Executive Order 13045: Children's

Health Protection

Executive Order 13045: "Protection of

Children from Environmental Health

Risks and Safety Risks" (62FR19885,

April 23, 1997) applies to any rule that:

(1) Is determined to be "economically

significant" as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The EPA interprets Executive Order

13045 as applying only to those

regulatory actions that are based on

health or safety risks, such that the

analysis required under section 5-501 of

the Order has the potential to influence

the regulation. This rule is not subject

to Executive Order 13045 because it is

based on the need for information to

characterize health and safety risks

themselves.

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F. The National Technology Transfer

and Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law 104-

113, § 12(d) (15 U.S.C. 272 note) directs

EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This rule does not involve technical

standards. Therefore, EPA is not

considering the use of any voluntary

consensus standards.

G. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with "Federal mandates" that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate, or

the private sector in any one year. The

additional work required by this rule

takes advantage of information already

in the possession of reporting groups.

Using existing data leverages past work

and reduces the burden of this rule.

This conclusion is supported by the

analysis done in support of EPA ICR No.

0916.10, which shows that total costs

will be about $2,730,000. The EPA has

also determined that this rule does not

apply to small government entities. As

discussed in this preamble under

section "D. Impact on Small Entities",

this rule applies only to State

governments. Thus, today's rule is not

subject to the requirements of sections

202, 203 and 205 of the UMRA.

H. Executive Order 13132: Federalism

Executive Order 13132, entitled

"Federalism" (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure "meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications." "Policies that have

federalism implications" is defined in

the Executive Order to include

regulations that have "substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government."

Under section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law, unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

If EPA complies by consulting,

Executive Order 13132 requires EPA to

provide to the Office of Management

and Budget (OMB), in a separately

identified section of the preamble to the

rule, a federalism summary impact

statement (FSIS). The FSIS must include

a description of the extent of EPA's

prior consultation with State and local

officials, a summary of the nature of

their concerns and the agency's position

supporting the need to issue the

regulation, and a statement of the extent

to which the concerns of State and local

officials have been met. Also, when EPA

transmits a draft final rule with

federalism implications to OMB for

review pursuant to Executive Order

12866, EPA must include a certification

from the agency's Federalism Official

stating that EPA has met the

requirements of Executive Order 13132

in a meaningful and timely manner.

In the proposed rule (65 FR 33273),

EPA proposed to conclude that this rule

did have federalism implications. This

was based on the fact the proposed rule

would require States to report their

emissions Statewide and to report PM 2.5

and NH 3 emissions. It was also assumed

that since such reporting may impose

direct costs on State or local

governments, and since the Federal

government will not provide the funds

necessary to pay those costs, that the

federalism provisions would apply. The

EPA has reconsidered this position. The

federalism provisions are intended to

apply to rules that substantially alter the

relationship between the Federal

Government and State governments.

This rule in large measure consolidates

pre-existing reporting requirements and

the incremental burden of the new

requirements is about $2,133,000

annually. While this rule will impact

State governments by imposing new

emission inventory reporting

requirements, EPA does not believe that

this causes a substantial change in the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule.

L Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

Executive Order 13175, entitled

"Consultation and Coordination with

Indian Tribal Governments" (65 FR

67249, November 6, 2000), requires EPA

to develop an accountable process to

ensure "meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications." "Policies that have tribal

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Federal Register/Vol. 67, No. 111/Monday, June 10, 2002/Rules and Regulations

implications" is defined in the

Executive Order to include regulations

that have "substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes."

This final rule does not have tribal

implications. It will not have substantial

direct effects on tribal governments, on

the relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175. The

Tribal Authority Rule means that Tribes

cannot be required to report their

emissions to us. Thus, Executive Order

13175 does not apply to this rule.

[. Executive Order 13211: Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use

This rule is not a "significant energy

action" as defined in Executive Order

13211, "Actions Concerning Regulations

That Significantly Affect Energy Supply,

Distribution, or Use" (66 FR 28355 (May

22, 2001)) because it is not likely to

have a significant adverse effect on the

supply, distribution, or use of energy.

This rule defines the requirements for

the reporting of emission inventories by

State and local agencies to EPA. We do

not believe that this rule will effect the

supply, production, availability, cost or

use on energy in the United States.

Further, we have concluded that this

rule is not likely to have any adverse

energy effects.

K. Congressional Review Act

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A Major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

defined by 5 U.S.C. 804(2). This rule

will become effective 60 days after it is

published in the Federal Register.

List of Subjects in 40 CFR Part 51

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Dated: May 23, 2002.

Christine Todd Whitman,

Administrator.

For the reasons stated in the

preamble, title 40, chapter I, of the Code

of Federal Regulations is amended as

follows:

PART 51-[AMENDED]

1. The authority citation for part 51

continues to read as follows:

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

7671q.

2. Part 51 is amended by adding

subpart A to read as follows:

Subpart A-Emission Inventory Reporting

Requirements

General Information for Inventory Preparers

Sec.

51.1 Who is responsible for actions

described in this subpart?

51.5 What tools are available to help

prepare and report emissions data?

51.10 How does my State report emissions

that are required by the NOx SIP Call?

Specific Reporting Requirements

51.15 What data does my State need to

report to EPA?

51.20 What are the emission thresholds that

separate point and area sources?

51.25 What geographic area must my State's

inventory cover?

51.30 When does my State report the data

to EPA?

51.35 How can my State equalize the effort

for annual reporting?

51.40 In what form should my State report

the data to EPA?

51.45 Where should my State report the

data?

Appendix A to Subpart A of Part 51-Tables

and Glossary

Appendix B to Subpart A of Part 51

[Reserved]

Subpart A-Emission Inventory

Reporting Requirements

General Information for Inventory

Preparers

§ 51.1 Who is responsible for actions

described in this subpart?

State agencies whose geographic

coverage include any point, area,

mobile, or biogenic sources must

inventory these sources and report this

information to EPA.

§ 51.5 What tools are available to help

prepare and report emissions data?

We urge your State to use estimation

procedures described in documents

from the Emission Inventory

Improvement Program (EIIP). These

procedures are standardized and ranked

according to relative uncertainty for

each emission estimating technique.

Using this guidance will enable others

to use your State's data and evaluate its

quality and consistency with other data.

§ 51.10 How does my State report

emissions that are required by the NOx SIP

Call?

The States and the District of

Columbia that are subject to the NOx

SIP Call (§ 51.121) should report their

emissions under the provisions of

§ 51.122. To avoid confusion, these

requirements are not repeated here.

Specific Reporting Requirements

§ 51.15 What data does my State need to

report to EPA?

(a) Pollutants. Report actual emissions

of the following (see Glossary to

Appendix A to this subpart for precise

definitions as required):

(1) Required Pollutants:

(i) Sulfur oxides.

(ii) VOC.

(iii) Nitrogen oxides.

(iv) Carbon monoxide.

(v) Lead and lead compounds.

(vi) Primary PM2.5.

(vii) Primary PM 10 .

(viii) NH 3.

(2) Optional Pollutant:

(i) Primary PM.

(ii) [Reserved]

(b) Sources. Emissions should be

reported from the following sources:

(1) Point.

(2) Area.

(3) Onroad mobile.

(4) Nonroad mobile.

(5) Biogenic.

(c) Supporting information. Report the

data elements in Tables 2a through 2d

of Appendix A to this subpart.

Depending on the format you choose to

report your State data, additional

information not listed in Tables 2a

through 2d will be required. We may

ask you for other data on a voluntary

basis to meet special purposes.

(d) Confidential data. We don't

consider the data in Tables 2a through

2d of Appendix A to this subpart

confidential, but some States limit

release of this type of data. Any data

that you submit to EPA under this rule

will be considered in the public domain

and cannot be treated as confidential. If

Federal and State requirements are

inconsistent, consult your EPA Regional

Office for a final reconciliation.

§ 51.20 What are the emission thresholds

that separate point and area sources?

(a) All anthropogenic stationary

sources must be included in your

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inventory as either point or area

sources.

(b) See Table 1 of Appendix A to this

subpart for minimum reporting

thresholds on point sources.

(c) Your State has two alternatives to

the point source reporting thresholds in

paragraph (b) of this section:

(1) You may choose to define point

sources by the definition of a major

source used under CAA Title V, see 40

CFR 70.2.

(2) If your State has lower emission

reporting thresholds for point sources

than paragraph (b) of this section, then

you may use these in reporting your

emissions to EPA.

(d) All stationary sources that have

actual emissions lower than the

thresholds specified in paragraphs (b)

and (c) of this section, should be

reported as area sources.

§ 51.25 What geographic area must my

State's inventory cover?

Because of the regional nature of these

pollutants, your State's inventory must

be statewide, regardless of an area's

attainment status.

§ 51.30 When does my State report the

data to EPA?

Your State is required to report two

basic types of emission inventories to

us: Annual Cycle Inventory; and Threeyear Cycle Inventory.

(a) Annual cycle. You are required to

report annually data from Type A (large)

point sources. Except as provided in

paragraph (e) of this section, the first

annual cycle inventory will be for the

year 2001 and must be submitted to us

within 17 months, i.e., by June 1, 2003.

Subsequent annual cycle inventories

will be due 17 months following the end

of the reporting year. See Table 2a of

Appendix A to this subpart for the

specific data elements to report

annually.

(b) Three-year cycle. You are required

to report triennially, data for Type B

(all) point sources, area sources and

mobile sources. Except as provided in

paragraph (e) of this section, the first

three-year cycle inventory will be for

the year 2002 and must be submitted to

us within 17 months, i.e., by June 1,

2004. Subsequent three-year cycle

inventories will be due 17 months

following the end of the reporting year.

See Tables 2a, 2b and 2c of Appendix

A to this subpart for the specific data

elements that must be reported

triennially.

(c) NOx SIP call. There are specific

annual and three-year reporting

requirements for States subject to the

NOx SIP call. See § 51.122 for these

requirements.

(d) Biogenic emissions. Biogenic

emissions are part of your 3-year cycle

inventory. Your State must establish an

initial baseline for biogenic emissions

that is due as specified under paragraph

(b) of this section. Your State need not

submit more biogenic data unless land

use characteristics or the methods for

estimating emissions change

substantially. If either of these changes,

your State must report the biogenic

emission data elements shown in Table

2d of Appendix A to this subpart.

Report these data elements 17 months

after the end of the reporting year.

(e) Point Sources. States must

commence reporting point source

emissions of PM 2.5 and NH 3 on June 1,

2004 unless that date is less than 60

days after EPA publishes an approved

Information Collection Request (ICR)

addressing this section of the rule. If

EPA fails to publish an approved ICR 60

days in advance of June 1, 2004, States

must commence reporting point source

emissions of PM 2.5 and NH 3 on the next

annual or triennial reporting date (as

appropriate) that is at least 60 days after

EPA publishes an approved ICR

addressing this section.

§ 51.35 How can my State equalize the

effort for annual reporting?

(a) Compiling a 3-year cycle inventory

means much more effort every three

years. As an option, your State may ease

this workload spike by using the

following approach:

(1) Annually collect and report data

for all Type A (large) point sources (This

is required for all Type A point sources).

(2) Annually collect data for one-third

of your smaller point sources (Type B

point sources minus Type A (large)

point sources). Collect data for a

different third of these sources each year

so that data has been collected for all of

the smaller point sources by the end of

each three-year cycle. You may report

these data to EPA annually, or as an

option you may save three years of data

and then report all of the smaller point

sources on the three-year cycle due date.

(3) Annually collect data for one-third

of the area, nonroad mobile, onroad

mobile and, if required, biogenic

sources. You may report these data to

EPA annually, or as an option you may

save three years of data and then report

all of these data on the three-year cycle

due date.

(b) For the sources described in

paragraph (a) of this section, your State

will therefore have data from three

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

smaller point sources and 3-year cycle

area, nonroad mobile, onroad mobile

sources each year, your State must

compile each year of the three-year

period identically. For example, if a

process hasn't changed for a source

category or individual plant, your State

must use the same emission factors to

calculate emissions for each year of the

three-year period. If your State has

revised emission factors during the

three years for a process that hasn't

changed, resubmit previous year's 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 three years.

(d) If your State chooses the method

of inventorying one-third of your

smaller point sources and 3-year cycle

area, nonroad mobile, onroad mobile

sources each year and reporting them on

the 3-year cycle due date, the first

required date for you to report on all

such sources will be June 1, 2004 as

specified in § 51.25. You can satisfy the

2004 reporting requirement by either:

Starting to inventory one third of your

sources in 2000; or doing a one-time

complete 3-year cycle inventory for

2002, then changing to the option of

inventorying one third of your sources

for subsequent years.

(e) If your State needs a new reference

year emission inventory for a selected

pollutant, your State can't use these

optional reporting frequencies for the

new reference year.

(f) If your State is a NOx SIP call

State, you can't use these optional

reporting frequencies for NOx SIP call

reporting.

§ 51.40 In what form 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. Because

electronic reporting technology

continually changes, contact the

Emission Factor and Inventory Group

(EFIG) for the latest specific formats.

You can find information on the current

formats at the following Internet

address: http://www.epa.gov/ttn/chief.

You may also call our Info CHIEF help

desk at (919) 541-1000 or email to

info.chief@epa.gov.

§ 51.45 Where should my State report the

data?

(a) Your State submits or reports data

by providing it directly to EPA.

(b) The latest information on data

reporting procedures is available at the

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following Internet address: http:// You may also call our Info CHIEF Appendix A to Subpart A of Part 51-

www.epa.gov/ttn/chief. help desk at (919)541-1000 or email to Tables and Glossary

info.chief@epa.gov.

TABLE 1.-MINIMUM POINT SOURCE REPORTING THRESHOLDS BY POLLUTANT(tpy 1)

Pollutant Annual cycle Three-year cycle

(type A sources) Type B sources 2 NAA 3

1. SOT .................................................................................................. ....... . . >2500 >100 >100

2. VO C ....................................................................................................... . >250 >100 03 (m oderate)>100

3 . V O C ........................................................................................................... . ................................ ................................ 0 3 (s e rio u s )> 5 0

4 . V O C ........................................................................................................... . ................................ ................................ 0 3 (s e v e re )> 2 5

5 . V O C ........................................................................................................... . ................................ ................................ 0 3 (e x tre m e )> 1 0

6. NO x ................................................................................................... ...... . . >2500 >100 >100

7. C O .............................................................................................................. >2500 > 1000 0 3 (a ll areas)> 100

8 . C O .............................................................................................................. . ................................ ................................ C O (a ll a re a s )> 1 0 0

9 . P b ............................................................................................................... . ................................ > 5 > 5

10 . P M 10 ............................................... .. ..... .... .... ..... .... ..... .... .... ..... ..... .... .... ... >2 50 > 10 0 P M 10 10 (m o d - erate)>100

1 1 . P M 1o ......................................................................................................... . ................................ ................................ P M o (s e rio u s )> 7 0

12 . P M 2.5 . . ................................................... ................................................... > 2 5 0 > 10 0 > 1 0 0

13. N H 3 ......... ...............

...................................... ......................... . . . . . ...... . . . . >2 50 >100 >100

1 tpy = tons per year of actual emissions. 2 Type A sources are a subset of the Type B sources and are the larger emitting sources by pollutant. 3 NAA = Nonattainment Area. Special point source reporting thresholds apply for certain pollutants by type of nonattainment area. The pollutants by nonattainment area are: Ozone: VOC, NOx, CO; CO: CO; PM10 : PM10.

TABLE 2A.-DATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES

Annual (Type A Every 3 years

Data elements (Type B sources and NAAs)

1 . In v e n to ry y e a r ..........................................................................................................................................

2 . In v e n to ry s ta rt d a te ..................................................................................................................................

3 . In v e n to ry e n d d a te ...................................................................................................................................

4 . In v e n to ry ty p e ..........................................................................................................................................

5 .S ta te F IP S c o d e .......................................................................................................

6 . C o u n ty F IP S c o d e ...................................................................................................................................

7 . F a c ility ID c o d e ........................................................................................................................................

8 . P o in t ID c o d e ...........................................................................................................................................

9 .P ro c e s s ID c o d e .......................................................................................................

1 0 . S ta c k ID c o d e ........................................................................................................................................

1 1 . S ite n a m e ..............................................................................................................................................

1 2 . P h y s ic a l a d d re s s ...................................................................................................................................

1 3 . S C C o r P C C ..........................................................................................................................................

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

15. Ash content (fuel) (annual average) ......................................................................................................

16. Sulfur content (fuel) (annual average) ..................................................................................................

1 7 . P o llu ta n t c o d e ........................................................................................................................................

18 . A ctiv ity/th ro u g h p ut (a n n u a l) ...................................................................................................................

1 9 . A ctiv ity /th ro u g h p u t (d a ily ) ......................................................................................................................

2 0 . W o rk w e e kd a y e m iss io n s ......................................................................................................................

2 1 . A n n u a l e m is s io n s ..................................................................................................................................

2 2 . E m is s io n fa c to r .....................................................................................................................................

2 3 . W in te r th ro u g h p u t (% ) ...........................................................................................................................

2 4 . S p rin g th ro u g h p u t (% ) ...........................................................................................................................

2 5 . S u m m e r th ro u g h p u t (% ) ........................................................................................................................

2 6 . F a ll th ro u g h p u t (% ) ................................................................................................................................

2 7 . H r/d a y in o p e ra tio n ................................................................................................................................

2 8 . S ta rt tim e (h o u r) ....................................................................................................................................

2 9 . D a y /w k in o p e ra tio n ...............................................................................................................................

3 0 . W k /y r in o p e ra tio n .................................................................................................................................

3 1 . X sta c k co o rd in a te (la titu d e ) ..................................................................................................................

3 2 . Y sta c k co o rd ina te (lo ng itu d e ) ...............................................................................................................

3 3 . S ta c k H e ig h t ..........................................................................................................................................

3 4 . S ta c k d ia m e te r .......................................................................................................................................

3 5 . E x it g a s te m p e ra tu re .............................................................................................................................

3 6 . E x it g a s v e lo c ity .....................................................................................................................................

3 7 . E x it g a s flo w ra te ...................................................................................................................................

3 8 .S IC /N A IC S ..........................................................................................................

3 9 . D e s ig n c a p a c ity .....................................................................................................................................

40. Maximum namemplate capacity ............................................................................................................

4 1 . P rim a ry c o n tro l e ff (% ) ..........................................................................................................................

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TABLE 2A.-DATA ELEMENTS THAT STATES MUST REPORT FOR POINT SOURCES-Continued

Annual (Type A Every 3 years

Data elements (Type B sources and NAAs)

4 2 . S e c o n d a ry c o n tro l e ff (% ) ...................................................................................................................... ...............................

4 3 . C o n tro l d e v ic e ty p e ................................................................................................................................ ...............................

4 4 . R u le e ffe c tiv e n e s s (% ) .......................................................................................................................... ...............................

TABLE 2B.-DATA ELEMENTS THAT

STATES MUST REPORT FOR AREA

AND NONROAD MOBILE SOURCES

Data elements Every 3

years

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

2. Inventory start date ..............

3. Inventory end date ...............

4. Inventory type ....................... . .

5. State FIPS code ................... . .

6. County FIPS code ................

7. SCC or PCC ......................... . .

8. Em ission factor ..................... . .

9. Activity/throughput level (ann u a l) ...................................... . .

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

11. Rule effectiveness (%) .......

12. Rule penetration (%) ..........

13. Pollutant code ..................... . .

14. Summer/winter work weekday em issions .......................

15. Annual emissions ...............

16. Winter throughput (%) ........

17. Spring throughput (%) ........

18. Summer throughput (%) .....

19. Fall throughput (% ) .............

20. Hrs/day in operation ...........

21. Days/wk in operation ..........

22. W ks/yr in operation ............

TABLE 2C.-DATA ELEMENTS THAT

STATES MUST REPORT FOR

ONROAD MOBILE SOURCES

Data elements Every 3

years

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

2. Inventory start date ..............

3. Inventory end date ...............

4. Inventory type ....................... . .

5. State FIPS code ................... . .

6. County FIPS code ................

7. SCC or PCC ......................... . .

8. Em ission factor ..................... . .

9. Activity (VMT by Roadway

C la ss ) .................................... . .

10. Pollutant code .................... .V

11. Summer/winter work weekday em issions ....................... . .

12. Annual emissions ...............

TABLE 2D.-DATA ELEMENTS THAT

STATES MUST REPORT FOR BOGENIC SOURCES

Data elements Every 3

years

VI

TABLE 2D.-DATA ELEMENTS THAT

STATES MUST REPORT FOR BOGENIC SOURCES-Continued

Data elements Every 3

years

2. Inventory start date ..............

3. Inventory end date ...............

4. Inventory type ....................... . .

5. State FIPS code ................... . .

6. County FIPS code ................

7. SCC or PCC ......................... . .

8. Pollutant code ....................... . .

9. Summer/winter work weekday em issions ....................... . .

10. Annual emissions ...............

Glossary

Activity rate/throughput (annual)-A

measurable factor or parameter that relates

directly or indirectly to the emissions of an

air pollution source. 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, number of

units, or miles traveled. Activity information

is typically the value that is multiplied

against an emission factor to generate an

emissions estimate.

Activity rate/throughput (daily)-The

beginning and ending dates and times that

define the emissions period used to estimate

the daily activity rate/throughput.

Annual emissions-Actual emissions for a

plant, point, or process-measured or

calculated that represent a calendar year.

Area sources-Area sources collectively

represent individual sources that have not

been inventoried as specific point, mobile, or

biogenic sources. These individual sources

treated collectively as area sources are

typically too small, numerous, or difficult to

inventory using the methods for the other

classes of sources.

Ash content-Inert residual portion of a

fuel.

Biogenic sources-Biogenic emissions are

all pollutants emitted from nonanthropogenic sources. Example sources

include trees and vegetation, oil and gas

seeps, and microbial activity.

Control device type-The name of the type

of control device (e.g., wet scrubber, flaring,

or process change).

County FIPS Code-Federal Information

Placement System (FIPS) is the system of

unique numeric codes the government

developed to identify States, counties and

parishes for the entire United States, Puerto

Rico, and Guam.

Day/wk in operations-Days per week that

the emitting process operates-average over

the inventory period.

Design capacity-A measure of the size of

a point source, based on the reported

maximum continuous capacity of the unit.

Emission factor-Ratio relating emissions

of a specific pollutant to an activity or

material throughput level.

Exit gas flow rate-Numeric value of stack

gas's flow rate.

Exit gas temperature-Numeric value of an

exit gas stream's temperature.

Exit gas velocity-Numeric value of an exit

gas stream's velocity.

Facility ID code-Unique code for a plant

or facility, containing one or more pollutantemitting sources. This is the data element in

Appendix A, Table 2a, that is defined

elsewhere in this glossary as a "point

source".

Fall throughput(%)-Part of the

throughput for the three Fall months

(September, October, November). This

expresses part of the annual activity

information based on four seasons-typically

spring, summer, fall, and winter. It can be a

percentage of the annual activity (e.g.,

production in summer is 40% of the year's

production) or units of the activity (e.g., out

of 600 units produced, spring = 150 units,

summer = 250 units, fall = 150 units, and

winter = 50 units).

Heat content-The amount of thermal heat

energy in a solid, liquid, or gaseous fuel. Fuel

heat content is typically expressed in units

of Btu/lb of fuel, Btu/gal of fuel, joules/kg of

fuel, etc.

Hr/day in operations-Hours per day that

the emitting process operates-average over

the inventory period.

Inventory end date-Last day of the

inventory period.

Inventory start date-First day of the

inventory period.

Inventory type-Type of inventory

represented by data (i.e., point, 3-year cycle,

daily).

Inventory year-The calendar year for

which you calculated emissions estimates.

Lead (Pb)-As defined in 40 CFR 50.12,

lead should be reported as elemental lead

and its compounds.

Maximum nameplate capacity-A measure

of a unit's size that the manufacturer puts on

the unit's nameplate.

Mobile source-A motor vehicle, nonroad

engine or nonroad vehicle.

* A "motor vehicle" is any self-propelled

vehicle used to carry people or property on

a street or highway.

* A "nonroad engine" is an internal

combustion engine (including fuel system)

that is not used in a motor vehicle or vehicle

only used for competition, or that is not

1. Inventory year affected by sections 111 or 202 of the CAA.

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* A "nonroad vehicle" is a vehicle that is

run by a nonroad engine and that is not a

motor vehicle or a vehicle only used for

competition.

PM (Particulate Matter)-Particulate matter

is a criteria air pollutant. For the purpose of

this subpart, the following definitions apply:

(1) Primary PM: Particles that enter the

atmosphere as a direct emission from a stack

or an open source. It is comprised of two

components: Filterable PM and Condensible

PM. (As specified in § 51.15 (a)(2), these two

PM components are the components

measured by a stack sampling train such as

EPA Method 5 and have no upper particle

size limit.)

(2) Filterable PM: 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.

(3) Condensible 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.

(4) SecondaryPM: Particles that form

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.

(5) Primary PM2.5: Also PM2.5 (or Filterable

PM 2.

5 and Condensible PM individually.

Note that all Condensible PM is assumed to

be in the PM 2.5 size fraction)-Particulate

matter with an aerodynamic diameter equal

to or less than 2.5 micrometers.

(6) Primary PM10 : Also PM10 (or Filterable

PM10 and Condensible PM individually)-

Particulate matter with an aerodynamic

diameter equal to or less than 10

micrometers.

PCC-Process classification code. A

process-level code that describes the

equipment or operation which is emitting

pollutants. This code is being considered as

a replacement for the SCC.

Physical address-Street address of a

facility. This is the address of the location

where the emissions occur; not, for example,

the corporate headquarters.

Point ID code-Unique code for the point

of generation of emissions, typically a

physical piece of equipment.

Point source-Point sources are large,

stationary (non-mobile), identifiable sources

of emissions that release pollutants into the

atmosphere. As used in this rule, a point

source is defined as a facility that annually

emits more than a "threshold" value as

defined under § 51.20.

Pollutant code-A unique code for each

reported pollutant assigned in the Emission

Inventory Improvement Program (EIIP) Data

Model. The EIIP model was developed to

promote consistency in organizations sharing

emissions data. The model uses character

names for criteria pollutants and Chemical

Abstracts Service (CAS) numbers for all other

pollutants. You may be using SAROAD codes

for pollutants, but you should be able to map

them to the pollutant codes in the EIIP Data

Model.

Process ID code-Unique code for the

process generating the emissions, typically a

description of a process.

Roadway class-A classification system

developed by the Federal Highway

Administration that defines all public

roadways as to type. Currently there are four

roadway types: (1) Freeway, (2) freeway

ramp, (3) arterial/collector and (4) local.

Rule effectiveness (RE)-How well a

regulatory program achieves all possible

emission reductions. This rating reflects the

assumption that controls typically aren't 100

percent effective because of equipment

downtime, upsets, decreases in control

efficiencies, and other deficiencies in

emission estimates. RE adjusts the control

efficiency.

Rule penetration-The percentage of an

area source category covered by an applicable

regulation.

SCC-Source classification code. A

process-level code that describes the

equipment and/or operation which is

emitting pollutants.

Seasonal activity rate/throughput-A

measurable factor or parameter that relates

directly or indirectly to the pollutant season

emissions of an air pollution source.

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, number of units, or miles

traveled. Activity information is typically the

value that is multiplied against an emission

factor to generate an emissions estimate.

Seasonal fuel heat content-The amount of

thermal heat energy in a solid, liquid, or

gaseous fuel used during the pollutant

season. Fuel heat content is typically

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

of fuel, joules/kg of fuel, etc.

Secondary control eff (%)-The emission

reduction efficiency of a secondary control

device. Control efficiency is usually

expressed as a percentage or in tenths.

SIC/NAICS-Standard Industrial

Classification code. NAICS (North American

Industry Classification System) codes will

replace SIC codes. U.S. Department of

Commerce's code for businesses by products

or services.

Site name-The name of the facility.

Spring throughput (%)-Part of throughput

or activity for the three spring months

(March, April, May). See the definition of

Fall Throughput.

Stack diameter-A stack's inner physical

diameter.

Stack height-A stack's physical height

above the surrounding terrain.

Stack ID code-Unique code for the point

where emissions from one or more processes

release into the atmosphere.

Start time (hour)-Start time (if available)

that you used to calculate the emissions

estimates.

State FIPS Code-Federal Information

Placement System (FIPS) is the system of

unique numeric codes the government

developed to identify States, counties and

parishes for the entire United States, Puerto

Rico, and Guam.

Sulfur content-Sulfur content of a fuel,

usually expressed as percent by weight.

Summer throughput(%)-Part of

throughput or activity for the three summer

months (June, July, August). See the

definition of Fall Throughput.

Summer/winter work weekday

emissions-Average day's emissions for a

typical day. Ozone daily emissions = summer

work weekday; CO and PM daily emissions

winter work weekday.

Total capture/control efficiency-The

emission reduction efficiency of a primary

control device, which shows the amount

controls or material changes reduce a

particular pollutant from a process'

emissions. Control efficiency is usually

expressed as a percentage or in tenths.

Type A source-Large point sources with

actual annual emissions greater than or equal

to any of the emission thresholds listed in

Table 1 for Type A sources.

Type B source-Point sources with actual

annual emissions during any year of the three

year cycle greater than or equal to any of the

emission thresholds listed in Table 1 for

Type B sources. Type B sources include all

Type A sources.

VMT by Roadway Class-Vehicle miles

traveled (VMT) expresses vehicle activity and

is used with emission factors. The emission

factors are usually expressed in terms of

grams per mile of travel. Because VMT

doesn't correlate directly to emissions that

occur while the vehicle isn't moving, these

nonmoving emissions are incorporated into

the emission factors in EPA's MOBILE

Model.

VOC-Volatile Organic Compounds. The

EPA's regulatory definition of VOC is in 40

CFR 51.100.

Winter throughput (%)-Part of throughput

or activity for the three winter months

(December, January, February, all from the

same year, e.g., Winter 2000 = January 2000

+ February, 2000 + December 2000). See the

definition of Fall Throughput.

Wk/yr in operation-Weeks per year that

the emitting process operates.

Work Weekday-Any day of the week

except Saturday or Sunday.

X stack coordinate (latitude)-An object's

north-south geographical coordinate. Y stack

coordinate (longitude)-An object's east-west

geographical coordinate.

Appendix B to Subpart A of Part 51-

[Reserved]

Subpart Q-[Amended]

3. Section 51.321 is revised to read as

follows:

§ 51.321 Annual source emissions and

State action report.

The State agency shall report to the

Administrator (through the appropriate

Regional Office) information as

specified in §§ 51.322 through 51.326.

4. Section 51.322 is revised to read as

follows:

§ 51.322 Sources subject to emissions

reporting.

The requirements for reporting

emissions data under the plan are in

subpart A of this part 51.

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5. Section 51.323 is revised to read as

follows:

§ 51.323 Reportable emissions data and

information.

The requirements for reportable

emissions data and information under

the plan are in subpart A of this part 51.

[FR Doc. 02-14037 Filed 6-7-02; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 207-0336a; FRL-7224-1]

Revisions to the California State

Implementation Plan, Great Basin

Unified Air Pollution Control District

and South Coast Air Quality

Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the Great

Basin Unified Air Pollution Control

District (GBUAPCD) portion and the

South Coast Air Quality Management

District (SCAQMD) portion of the

California State Implementation Plan

(SIP). These revisions concern the

emission of particulate matter (PM-10)

from GBAPCD open burning/open

detonation (OB/OD) of propellants,

explosives, and pyrotechnics (PEP);

from SCAQMD storage, handling, and

transport of coke, coal and sulfur; and

from SCAQMD paved and unpaved

roads and livestock operations. We are

approving local rules that regulate these

emission sources under the Clean Air

Act as amended in 1990 (CAA or the

Act).

DATES: This rule is effective on August

9, 2002, without further notice, unless

EPA receives adverse comments by July

10, 2002. If we receive such comments,

we will publish a timely withdrawal in

the Federal Register to notify the public

that this rule will not take effect.

ADDRESSES: Mail comments to Andy

Steckel, Rulemaking Office Chief (AIR4), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

You can inspect copies of the

submitted rule revisions and EPA's

technical support document (TSD) at

our Region IX office during normal

business hours. You may also see copies

of the submitted rule revisions and TSD

at the following locations:

Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building,

1200 Pennsylvania Avenue, NW,

Washington DC 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 1001 "I" Street,

Sacramento, CA 95814.

Great Basin Unified Air Pollution

Control District, 157 Short Street,

Bishop, CA 93514.

South Coast Air Quality Management

District, 21865 East Copley Drive,

Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office (AIR-4),

U.S. Environmental Protection Agency,

Region IX; (415) 947-4118.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we," "us"

and "our" refer to EPA.

Table of Contents

I. The State's Submittal

A. What rules did the State submit?

B. Are there other versions of these rules?

C. What are the changes in the submitted

rules?

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

B. Do the rules meet the evaluation

criteria?

C. EPA recommendations to further

improve the rules

D. Public comment and final action

I1. Background Information

A. Why were these rules submitted?

IV. Administrative Requirements

I. The State's Submittal

A. What Rules Did the State Submit?

Table 1 lists the rules we are

approving with the date that they were

adopted by the local air agency and

submitted by the California Air

Resources Board (CARB).

TABLE 1 .- SUBMITTED RULES

Local agency Rule # Rule title Adopted Submitted

GBUAPCD ............................... 432 .......................................... Open Burn/Open Detonation Operations on Military 05/08/96 03/10/98

Bases.

SCAQMD ................................. 1158 ........................................ Storage, Handling, and Transport of Coke, Coal 06/11/99 10/29/99

and Sulfur.

SCAQMD ................................. 1186 ........................................ PM 10 Emissions from Paved and Unpaved Roads 09/10/99 01/21/00

and Livestock Operations.

On May 21, 1998, December 16, 1999,

and March 1, 2000, these submittals

were found to meet the completeness

criteria in 40 CFR part 51 Appendix V,

which must be met before formal EPA

review.

B. Are There Other Versions of These

Rules?

GBUAPCD Rule 432 is a new rule. We

approved into the SIP on January 15,

1987 (52 FR 1627) a version of

SCAQMD Rule 1158, adopted on

December 2, 1983. We approved into the

SIP on February 17, 2000 (65 FR 8057)

a version of SCAQMD Rule 1186,

adopted on December 11, 1998.

C. What Are the Changes in the

Submitted Rules?

GBUAPCD Rule 432 is a new rule for

open burning/open detonation of

propellants, explosives, and

pyrotechnics (PEP) at military bases that

includes the following provisions:

* Burn plans are required that specify

detonation or combustion methods and

limit the category and amount of PEP

destroyed in burn operations.

* OB/OD operations are not allowed

when smoke can contribute to an

exceedance of the NAAQS or cause a

public nuisance. Burning is prohibited

on "No-Burn Days" determined by the

California Air Resources Board.

* PEP destroyed in OB/OD operations

cannot contain other hazardous waste.

* PEP destroyed in OB/OD operations

must be in a condition to minimize

smoke emission.

* OB/OD must be limited to PEP

generated from operations at the

military base where destroyed.

* Records of OB/OD must be retained

for five years.

SCAQMD Rule 1158 changes are as

follows:

* An existing exemption to requiring

the enclosure of open coke storage piles

is deleted.

* The rule is expanded to include

coverage of coal and sulfur in addition

to coke.

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