[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Proposed Rules]
[Pages 33268-33280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12787]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[AD-FRL-6703-6]
RIN 2060-AH25


Consolidated Emissions Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing this rule to improve and simplify emissions 
reporting. 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; 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. EPA is seeking comment on the addition of reporting requirements 
for hazardous air pollutants (HAPs), and is proposing to add reporting 
requirements for particulate matter less than or equal to 2.5 
micrometers (PM \2.5\) and its precursors, and is proposing to reduce 
the reporting requirements for other criteria pollutants.

DATES: Submit comments on or before July 7, 2000.

ADDRESSES: Send comments (in duplicate, if possible) to: Air and 
Radiation Docket (6102), US Environmental Protection Agency, Attn: 
Docket No. A9840, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: William B. Kuykendal, Emissions, 
Monitoring, and Analysis Division (MD-14), Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina, 27711, Telephone: (919) 541-5372, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Authority

    Sections 110(a)(2)(F), 110(a)(2)(K), 110(a)(2)(J),112, 
182(a)(3)(B), 172(c)(3), 182(a)(3)(A), 187(a)(5), 301(a)

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, 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)). EPA codified these 
requirements in 40 CFR part 51, subpart Q in 1979 and amended them in 
1987.
    The 1990 Amendments to the Clean Air Act (Act) revised many of the 
provisions of the Clean Air Act 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 
establish 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 (3-Year cycle) 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) requires States to submit an inventory 
every three years for CO nonattainment areas for the same source 
classes, except biogenic sources. 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.
    EPA has promulgated the NOx SIP Call (Sec. 51.122) which 
calls on the effected 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 between states. As 
part of that rule, EPA established reporting requirements to be 
included in the SIP revisions to be submitted by States in accordance 
with that action. \1\
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    \1\ EPA recognizes that in its recent decision, the United 
States Court of Appeals remanded certain issues regarding the 
NOx SIP call to the Agency. See State of Michigan v. 
United States Environmental Protection Agency, No. 98-1497, United 
States Court of Appeals for the District of Columbia Circuit, slip 
op. issued March 3, 2000. Those issues, however, do not include the 
reporting requirements and the proposed consolidation of those 
requirements does not represent any prejudgment of the issues on 
remand to the Agency. EPA also recognizes that at this time the SIP 
call submission deadline has been stayed by the court and that the 
reporting requirements connected with the SIP call would not go into 
effect until the issues regarding the timing of SIP submissions are 
resolved.
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    This proposal consolidates the various reporting requirements that 
already exist into one place in the CFR, establishes new ones for PM 
\2.5\ and regional haze, establishes new requirements for the statewide 
reporting of area source and mobile source emissions, includes the 
reporting requirements for the NOX SIP call and asks for 
comments on new reporting for air toxics.
    In this action, we refer to these types of inventories as the 
following:
     Point source inventories
     3-Year cycle inventories
     NOX SIP call inventories
    States use data obtained through current annual reporting 
requirements (point source inventories) to record emissions from large 
sources and to track progress in reducing emissions from them. States 
get 3-Year cycle data from stationary sources with lower yearly 
emission levels and use them with the point source inventories to 
update their emission inventory every three years. States included in 
the NOX SIP call will collect emissions data from the 
sources that are subject to control as a means of compliance. The Rule 
also takes advantage of data from Emission Statements available to 
States but not reported to EPA. As appropriate, States may use this 
data to meet their reporting requirements for point source data. 
Combining data from these activities gets the most information from 
sources with the least burden on the industry and less effort by State 
and local government agencies. By treating this information as a 
comprehensive emission inventory, States 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.

[[Page 33269]]

    We intend these inventories to help nonattainment areas develop and 
meet SIP requirements to reach the NAAQS.
    States will need to inventory direct emissions of PM2.5 
and its precursors beginning in 2000 for the inventory year 1999. Since 
PM2.5 is a NAAQS pollutant, we feel it is appropriate to 
begin collecting this emissions data.\2\ States will also have to 
estimate direct emissions of primary particulate matter and 
PM2.5 precursor emissions of condensible organics and 
ammonia. These PM2.5 related data elements are needed as 
input to emission models. The Administrator has determined that States 
should submit statewide point source and 3-Year cycle inventories for 
PM10, PM2.5, and regional haze, consistent with 
the data requirements for O3 and CO. Sections 110(a)(2)(F) 
and 172(c)3 provide ample statutory authority for this proposal as it 
relates to criteria pollutants. 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)(2)(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.
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    \2\ In American Trucking Assn. v. EPA, No. 97-1440 (``ATA''), 
the court found that the record ``amply justified'' the need for 
fine particle standards, but remanded for further consideration of 
the levels of those standards. As EPA explained to the ATA Court in 
supplemental briefing on the remedy, the States should proceed with 
preparation of PM2.5 emissions inventories because they 
will be necessary regardless of the levels of the fine particle 
standards. Accordingly, it is appropriate to proceed with this 
proposal regarding the collection of emission inventories.
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What Is the Purpose of the Consolidated Emissions Reporting Rule 
(CERR)?

    The purpose of this rule is fourfold:
     Simplify emissions reporting,
     Offer options for data exchange
     Unify reporting dates for various categories of 
inventories, and
     Include reporting fine particulate matter and its 
precursors.
    Previous requirements may have, at times, led to inefficient 
reporting. This rule provides options for reporting that allow States 
to match their ongoing activities with federal requirements and 
provides two options for transmitting data to EPA. This action also 
consolidates existing and new requirements of emission inventory 
programs for point sources and 3-Year cycles.

Who Will Have To Comply With the CERR Requirements?

    This rule will apply to State and local air pollution control 
agencies. 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 Are the CERR's Requirements Different From Existing Requirements?

(a) Additional Pollutants
    Your State's inventory will add PM2.5, and 
PM2.5 precursors to the criteria pollutants.
(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 very large point 
sources (See Table 1) annually. Your State has a choice to report 
smaller point sources every three years or one-third of the sources 
each year. Your State will continue to report emissions from 
nonattainment areas for area and mobile sources every three years. 
Attainment areas will be required, for the first time, to report area 
and mobile source emissions.

How Will EPA Use the Data Collected Under This Reporting Requirement?

    EPA uses emission inventories to form realistic public policy by 
the following:
     Modeling analyses,
     Projecting future control strategies,
     Tracking progress to meet requirements of the Clean Air 
Act,
     Calculating risk, and
     Responding to public inquiries.

Why Does EPA Want my State's Data?

    Most of the information EPA needs is readily available from States 
because of the States' efforts to follow the Clean Air Act and its 
amendments. Using data States have already estimated or collected is a 
cheaper, more efficient way for us to get information to analyze. EPA 
can pull your data into a central repository of emissions data and 
extract what we need to fulfill our mandates.

How Will Others Use my Data Collected Under This Requirement?

    Recent events have shown that 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 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.
    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?

    If we don't receive your emissions information at the time this 
rule specifies, we'll use whatever we have to produce emissions data 
for your agency's geographical area. Congress often mandates our 
analyses, so we depend on you to provide the data to complete them. If 
we don't get your data, we must find other ways to compile similar 
information.
    We can estimate your agency's inventory by any of the following:
     National allocation (top down) methods,
     Projecting from previous data, or
     Using our best judgment.
    For area and mobile sources, our methods usually represent your 
emissions reasonably well. For point sources, our estimates are less 
accurate. We have to estimate activity and plant parameters based on 
general knowledge rather than using your specific information.
    The Act provides for other actions against a State if we do not 
receive your data. For example, if a State does not provide emissions 
data for NAAQS pollutants in nonattainment areas, EPA may take actions 
such as making findings of failure to submit, that are authorized in 
instances where a State fails to fulfill SIP obligations.

[[Page 33270]]

What Additional Reporting Requirements Is EPA Considering?

    We are seeking comment on the advisability of requiring new 
reporting of hazardous air pollutants (HAP) emissions.
    In addition to the emission inventory provisions related to NAAQS 
pollutants, EPA is also considering requiring emission inventory 
reporting of HAPs. The requirements for HAP reporting would be imposed 
under authority of section 301(a) which authorizes the Administrator to 
prescribe such regulations as are necessary to carry out her functions 
under the Act. Several provisions in the CAA address HAPs and, by the 
nature of their requirements, imply the need for a HAP emissions 
inventory. Some examples follow.
    Title V of the Act requires the Administrator to perform an 
oversight role with respect to State issued permits, including permits 
issued to major sources of HAP emissions. In order to determine whether 
that program is being appropriately and lawfully administrated by the 
States with respect to major HAP sources, a HAP emission inventory is 
necessary. You are developing programs to regulate HAPs and your Title 
V programs must include permits for all HAP sources emitting major 
quantities of HAPs (10 tons of one HAP or 25 tons of multiple HAPs per 
year). Thus, the Administrator believes including HAPs in the point 
source inventory is appropriate and necessary.
    Section 112(n)(1)(A) requires us to report to Congress on the 
hazards to public health reasonably anticipated to occur as a result of 
emissions from electric utility steam generating units. Section 
112(n)(1)(B) requires us to provide a report to Congress that considers 
the rate and mass of HAP emissions and the health and environmental 
effects of these emissions. Section 112(c)(6) requires a list of 
categories and subcategories of HAP sources subject to standards that 
account for not less than 90% of the aggregate emission of each 
pollutant. Although these new requirements do not include specific 
provisions requiring the compilation of HAP emissions inventories, they 
do introduce the need for such inventories in order to carry out the 
mandated statutes.
    Section 112(k)(3) of the Act mandates that we develop a strategy to 
control emissions of HAPs from area sources in urban areas, and that 
the strategy achieve a reduction in the incidence of cancer 
attributable to exposure to HAPs emitted by stationary sources of not 
less than 75%, considering control of emissions from all stationary 
sources, as well as a substantial reduction in public health risks 
posed by HAPs from area sources. These mandated risk reductions are to 
be achieved by taking into account all emission control measures 
implemented by the Administrator or by the States under this or any 
other laws. A reliable HAP emission inventory covering all stationary 
sources of HAPs, including point and area sources, will be important in 
developing the mandated strategy and demonstrating that the strategy 
achieves the mandated risk reductions. It would be virtually impossible 
for us to identify and estimate HAP-specific emission reductions from 
all the federal and State rules that might result in HAP emission 
reductions. Therefore, we believe development of the strategy and 
assessment of progress in achieving the strategic goals requires that 
we develop and periodically update a HAP emission inventory. As 
presented in a recent Federal Register notice on the National Air 
Toxics Program: The Integrated Urban Strategy (64 FR 38706), we have 
designed an assessment approach that depends upon a reliable and 
periodically updated HAP emission inventory as a critical element in 
the assessments that support the development and evaluation of our 
urban strategy.
    In addition to the Act requirements, the Government Performance and 
Results Act (GPRA) provides new emphasis on the need for HAP emission 
inventories, assessment of emissions reductions, and resulting 
reductions in risk. The GPRA, enacted in 1993, requires federal 
agencies to establish standards measuring their performance and 
effectiveness. It is the primary legislative mandate that requires 
agencies to set strategic goals, measure performance, and report on the 
degree to which goals are met.
    For the EPA's air toxics program, the initial goal, by 2010, is to 
reduce air toxic emissions by 75% from 1993 levels to significantly 
reduce the risk to Americans of cancer and other serious adverse health 
effects caused by airborne toxics.
    The EPA is working to further refine this goal so that in the 
future the air toxics program will protect human health and the 
environment by reducing the risks from air toxic emissions, 
particularly focusing on populations and areas disproportionately 
impacted which include, for example, urban areas, children at risk, and 
populations whose water and food are affected by persistent, 
bioaccumulating toxics.
    Assessing progress in reducing cumulative risk from HAPs will 
require EPA to move away from a focus on assessing reductions from tons 
per year emitted, toward a focus on estimating reductions in cancer and 
non-cancer risks associated with lower emissions. In general, the 
choice of appropriate risk characterization approaches will be 
influenced by both the availability of data to support exposure 
assessments, and the level of detail and resolution needed to support 
the purpose of the assessment. EPA has identified four basic approaches 
for various assessments to evaluate progress with the air toxics 
program in reducing estimated risk. While each of the approaches relies 
on different types of data to represent exposures, all of these 
approaches rely on emission inventory information. The four basic 
approaches are: (1) toxicity weighting of emissions or ambient 
concentrations; (2) comparison between ambient concentration and risk-
based concentrations (RBCs); (3) comparison between estimated exposure 
and RBCs that may yield quantitative estimates of risk; and (4) 
quantitative estimates of carcinogenic risk for individuals and 
populations. Approaches 1 and 2 are considered hazard-based approaches, 
in that they lack exposure or dispersion modeling, while approaches 3 
and 4 are considered risk-based approaches in that they do incorporate 
exposure assessments and thereby can provide quantitative risk 
estimates. Approaches 3 and 4 require a detailed emission inventory 
that includes facility-specific detail (e.g., geographic location, 
stack heights).
    You would be required to report HAP emissions for plants emitting 
at least 10 tons per year of one HAP or 25 tons per year of two or more 
HAPs. You would be required to report the same data elements now being 
submitted for criteria pollutants. You would provide these new data as 
part of the 3-year cycle inventory.

III. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether the regulatory action is ``not significant'' and 
therefore not subject to review by the Office of Management and Budget 
(OMB) and to the Executive Order's requirements. We've determined this 
action is ``significant'' and therefore does require OMB review, based 
on the Order's definition of a ``significant'' regulatory action as one 
that is likely to result in a rule that may do any of the following:

[[Page 33271]]

    1. Have an annual effect on the economy of $100 million or more or 
materially harm the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State 
and local governments or communities. The ICR (EPA ICR No. 0916.09) 
analysis shows that the costs to implement the Rule are less than $100 
million. The analysis from the ICR shows total costs including proposed 
new requirements and start up are about $2 million.
    2. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency. The rule will increase data 
consistency, thus assisting other Agencies.
    3. Materially alter the budgetary effect of entitlements, grants, 
user fees, or loan programs or the rights and obligations of those who 
receive them. Grant funds have been identified to support these 
activities.
    4. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles in the 
Executive Order. This rule will establish requirements for collecting 
and reporting new data to EPA and for this reason is deemed to be 
``significant''.

B. Paperwork Reduction Act

    The new information collection requirements in this proposed 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. 916.07). The 
Information Collection Request (ICR) document for the new information 
collection requirements has been prepared by EPA (ICR No. 0916.09) 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 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded from the internet at http://www.epa.gov/icr.
    Today's action revises part 51 to consolidate old reporting 
requirements, adds new requirements for PM2.5 and its 
precursors, adds new Statewide reporting requirements for area and 
mobile sources and asks for comments on newly recognized reporting 
needs for HAPs. Data from proposed new reporting will be used to:
     Support modeling analyses,
     Project future control strategies,
     Track progress to meet requirements of the Clean Air Act,
     Calculate risk, and
     Respond to public inquiries.
    If finalized, this proposed rule would contain mandatory 
information reporting requirements (see 40 CFR 51.001); EPA considers 
all information reported under this proposed rule to be in the public 
domain and therefore cannot be treated as confidential.
    The information in the following table was summarized from ICR 
0916.09 and presents the reporting burden estimates.

                                                                 Burden Estimate Summary
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                                                             Number of       Hours per      Total hours     Total labor    Total annual    Total annual
                  Reporting requirement                     respondents     respondent       per year     costs per year   capital costs     O&M costs
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                                                                    STATE RESPONDENTS
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Current.................................................              55             121           6,636        $205,420         $23,100          $6,600
Statewide Area and Mobile Source Reporting..............               *             717          20,971         553,897  ..............  ..............
PM2.5 Reporting.........................................              55              42           2,310          61,006  ..............  ..............
HAP Reporting...........................................               *             700          14,350         378,976  ..............  ..............
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    Subtotal for States.................................  ..............           1,580          44,267       1,199,299  ..............  ..............
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                                                                  INDUSTRY RESPONDENTS
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HAP Reporting...........................................           7,500               3          22,500         844,000  ..............  ..............
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        Total...........................................           7,555  ..............          66,767       2,043,299          23,100          6,600
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* Varies.

    The results in the table are broken down into State respondents and 
industry respondents. Within these groups, the reporting burden is 
further broken down into ``current requirements'',``Statewide area and 
mobile source reporting requirements'', ``PM2.5 reporting 
requirements'', and ``HAP reporting requirements.'' 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.
    To simplify the discussion, only the total hours per year will be 
discussed, however, the other burden components are related and the 
discussion would be similar. The burden hours estimated for all of the 
emission inventory reporting requirements in place prior to this 
proposed rule are labeled ``current'' and total 6,636 hours per year. 
Because of the streamlining and flexibility offered by the CERR, these 
``current'' requirements are reduced from the original burden estimate 
of 11,448 hours per year; a savings of 4,812 hours per year. The new 
reporting requirements for Statewide area and mobile source reporting 
adds 20,971 hours per year and the PM2.5 reporting 
requirements adds 2,310 hours per year. All of these burden changes are 
attributable to the State agency respondents.
    Because the Environmental Protection Agency is requesting comment 
on the advisability of requiring HAP reporting, these costs are shown 
separately in the table. Note that there is a burden increment for both 
State and industry respondents. For the States, the new HAP reporting 
burden would add 14,350 hours per year. For industry, 22,500 hours per 
year would be added.
    The total burden impact of the CERR, including the HAP reporting 
requirements, is estimated to be 66,767 hours per year for State and 
industry respondents. For the States alone, this total is 44,267 hours 
per year. It should be noted that, of this State total of 44,267 hours 
per year, approximately 20,000 hours per year are associated with 
start-up costs that will no longer be

[[Page 33272]]

incurred after the first three years. Thus, after three years, the 
estimated burden becomes about 24,000 hours per year for the States and 
about 47,000 hours per year for the States and industry.
    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.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, Collection Strategies Division; U.S. Environmental Protection 
Agency (2822); 1200 Pennsylvania Ave., NW, Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., N.W., Washington, DC 20503, marked 
``Attention: Desk Officer for EPA.'' Include the ICR number in any 
correspondence. Since OMB is required to make a decision concerning the 
ICR between 30 and 60 days after May 23, 2000 a comment to OMB is best 
assured of having its full effect if OMB receives it by June 22, 2000. 
The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

C. Impact on Small Entities

    Under the Regulatory Flexibility Act we don't need to analyze this 
proposed regulation's flexibility because it doesn't affect small 
entities whose jurisdictions cover fewer than 50,000 people. Under 5 
U.S.C. 605(b), I certify that this action won't significantly affect 
the economic well-being of a substantial number of small entities.

D. Executive Order 13045: Children's Health Protection

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it is based on technology performance and 
not on health or safety risks.

E. The National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, section 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 proposed rule making does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

F. 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 cost-effective 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.
    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. 0916.09, OMB control number 2060-0088, which shows that 
total costs will be about $2 million. Thus, today's rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.

G. 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

[[Page 33273]]

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. 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.
    EPA has concluded that this proposed rule will have federalism 
implications. This is based on the new requirements proposed by this 
rule that States will now have to report their emissions Statewide and 
will have to report PM2.5 and PM2.5 precursor 
emissions. Moreover, it also may impose substantial direct compliance 
costs on State or local governments, and the Federal government will 
not provide the funds necessary to pay those costs. Accordingly, EPA 
provides the following FSIS as required by section 6(b) of Executive 
Order 13132.
Federalism Summary Impact Statement (FSIS)
    EPA convened a Work Group that included representatives from three 
States (CA, NJ, TX) in addition to EPA representatives. This Work Group 
met via conference calls over a period of about a year and a half 
beginning in early 1997. In addition, EPA maintained an active dialog 
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 STAPPA/ALAPCO 
coordination involved two forums: 1. The Standing Air Emissions Work 
Group (SAEWG) and 2. The STAPPA/ALAPCO Emissions and Modeling 
committee. The coordination with the States through the STAPPA/ALAPCO 
process will continue throughout this rule making process. There is 
considerable support for this rule by the States. The States like 
having all of the emission inventory reporting requirements updated and 
in one consolidated rule. However, two principal concerns were raised 
by the States: 1. Does EPA have authority to collect HAP data?, and 2. 
Will the rule limit the States' ability to collect emission inventory 
data beyond the requirements of the rule? EPA has addressed both of 
these concerns. The first concern has been addressed by removing the 
HAP reporting requirements from the rule. Instead, these requirements 
are discussed in the preamble and EPA is requesting comments. The 
second concern was addressed by the nature of the rule. The rule only 
specifies information that should be reported to EPA. It does not limit 
the States from collecting whatever data they deem necessary for their 
emission inventory programs.
    EPA consulted with State and local officials early in the process 
of developing the proposed regulation to permit them to have meaningful 
and timely input into its development. For the reasons discussed under 
the FSIS, EPA believes that it has complied with the requirements of 
Executive Order 13132.

H. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments to provide meaningful and 
timely input in the development of regulatory policies on matters that 
significantly or uniquely affect their communities.
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: May 12, 2000.
Carol M. Browner,
Administrator.

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

PART 51--[AMENDED]

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

    Authority: 42 U.S.C. 7410, 7414, 7421, 7470-7479, 7491, 7492, 
7601, and 7602.

    2. Part 51 is amended by adding subpart A to read as follows:
Subpart A--Emission Inventory Reporting Requirements
Sec.
51.1   For what sources must States do emissions reporting?

General Information for Inventory Preparers

51.5   Who is responsible for actions described in this subpart?
51.10   What tools are available to help prepare and report 
emissions data?
51.15   How does my State reduce the effort for reporting?

Specific Reporting Requirements

51.20   What data does my State need to report to EPA?
51.25   What are the emission thresholds that separate point and 
area sources?
51.30   What geographic area must my State's inventory cover?

[[Page 33274]]

51.35   When does my State report the data to EPA?
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 [Reserved]

Subpart A--Emission Inventory Reporting Requirements


Sec. 51.1  For what sources must States do emissions reporting?

    Point sources for which States must report emissions annually under 
Sec. 51.321 are defined as follows:
    (a) For PM10, PM2.5, ammonia, sulfur oxides, 
VOC, and nitrogen oxides, any plant that actually emits at least 90.7 
metric tons (100 tons) per year of any pollutant.
    (b) For carbon monoxide, any plant that actually emits at least 907 
metric tons (1000 tons) per year.
    (c) For lead and lead compounds measured as elemental lead, any 
plant that actually emits at least 4.5 metric tons (5 tons) per year.

General Information for Inventory Preparers


Sec. 51.5  Who is responsible for actions described in this subpart?

    State and local agencies whose geographic coverage include any 
point, area, mobile, or biogenic sources must inventory these sources 
and report this information to EPA.


Sec. 51.10  What tools are available to help prepare and report 
emissions data?

    (a) 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 be able to evaluate its 
quality and consistency with other data.


Sec. 51.15  How does my State reduce the effort for reporting?

    (a) Compiling smaller point source (Type B) and 3-Year cycle 
inventories (see Appendix A, Table 1 of this subpart) means much more 
effort every three years, but your State may ease this workload spike 
by reporting one-third of your Type B point and 3-Year cycle sources 
each year. For these sources, 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. If your State needs to inventory the 
entire category of Type B point and 3-Year cycle sources in a single 
year, your State should report this data instead of a third of the 
estimates each year. If your State is a NOX SIP Call state 
as defined in Sec. 51.122, your State can't use these optional 
reporting frequencies for NOX.
    (b) If your State needs a base year emission inventory for a 
selected pollutant, your State must compile an inventory of all 
affected source categories for the specified year.
    (c) If your State chooses the method of reporting one-third of your 
Type B sources and 3-Year cycle 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 during any year of the 
three year period, make them identical for all three years.

Specific Reporting Requirements


Sec. 51.20  What data does my State need to report to EPA?

    (a) Pollutants. Report emissions of the following:
    (1) Sulfur oxides.
    (2) VOC.
    (3) Nitrogen oxides.
    (4) Carbon monoxide.
    (5) Lead and lead compounds.
    (6) PM10.
    (7) PM2.5.
    (8) PM2.5 precursors including ammonia.
    (b) Supporting information. Report the data elements in Table 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. Specific instructions for your 
State system format should be consulted. Any you don't report we'll 
have to generate with our own techniques. We may ask you for other data 
to meet special requirements.
    (c) 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.


Sec. 51.25  What are the emission thresholds that separate point and 
area sources?

    (a)(1) Use the following actual emissions thresholds in attainment 
areas for point source reporting:
    (i) Sources emitting at least 100 tpy for SOX, VOC, 
NOX, PM10, PM2.5.
    (ii) Sources emitting at least 1000 tpy for CO.
    (iii) Sources emitting at least 5 tpy for lead and lead compounds.
    (2) See Table 1 of appendix A to this subpart for reporting 
thresholds on point sources in nonattainment areas.
    (b) Your State has the option to inventory and report any 
stationary sources below these thresholds as point or area sources. If 
you have lower emission thresholds for point sources in your State, you 
should use them in reporting your emissions to EPA. See Table 1 of 
appendix A to this subpart for thresholds to report 3-Year cycle data 
and Tables 2a through 2d of appendix A to this subpart for data 
elements to report.
    (c) In moderate PM10 nonattainment areas your State 
should inventory sources emitting at least 100 tpy (actual) as point 
sources. In serious PM10 nonattainment areas, this 
requirement applies to sources emitting at least 70 tpy (actual). 
Inventory PM2.5 sources emitting at least 100 tpy (actual) 
as point sources. Inventory ammonia (a precursor to PM2.5) 
as a point or area source.


Sec. 51.30  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.


Sec. 51.35  When does my State report the data to EPA?

    Your State must report data for the point source inventory and the 
3-Year cycle inventory 17 months (by June 1) after the end of the 
calendar emission year. For example, your calender year 1999 inventory 
should be reported to EPA by June 1, 2001.
    (a) Point source. As seen in Table 1 of appendix A to this subpart, 
your State should divide your point source inventory into two subsets--
Type A source inventory and Type B source inventory--with different 
reporting frequencies. Report actual annual emissions from Type A point 
sources each calendar year. Review stack data (height, diameter, flow 
rate, temperature, velocity, and stack number) every three years and 
send in changes shown in Table 2a of appendix A to this subpart.
    (b) 3-Year cycle. (1) Your State should send EPA its annual and 
daily estimates

[[Page 33275]]

of actual emissions every three years for Type B point sources and area 
and mobile sources. For Type B point source inventories, include 
facilities not reported under the Type A source requirement. Area data 
includes sources below the thresholds for Type B point sources. Your 
State may report emissions from one-third of your State's Type B point 
sources, area, and mobile sources each year or from all sources every 
three years.
    (2) Your State and your EPA Regional Office may tailor the 
reporting by selecting sources that most affect your agency.
    (3) We encourage your State to integrate your State's own reporting 
requirements with EPA's.
    (c) NOX SIP call. For NOX SIP call reporting, 
States must submit data for a required year no later than 12 months 
after the end of the calendar year for which the data are collected.
    (1) For point, area and mobile sources within your State that your 
State is controlling to meet the NOX reductions in 
Sec. 51.121, submit estimates of NOX annually for the 
NOX ozone season as shown in Tables 2a, 2b and 2c of 
appendix A to this subpart.
    (2) For all NOX sources including point, area and mobile 
sources within your State, whether controlled or uncontrolled, submit 
estimates of NOX emissions every three years for the 
NOX ozone season as shown in Tables 2a, 2b and 2c of 
appendix A to this subpart.
    (d) Other. Your State must establish an initial baseline for 
biogenic emissions. Your State need not submit more biogenic data 
unless land use characteristics or the methods for estimating emissions 
change. If either of these variables change, your State must report new 
biogenic emissions during the reporting period in the following year as 
shown in Table 2d of appendix A of this subpart.


Sec. 51.40  In what form should my State report the data to EPA?

    (a) For better access by everyone, report emissions in your State 
in an electronic format using one of two options. You can find specific 
instructions for each option at the following Internet address: http://www.epa.gov/ttn/chief/ei/eisubmit.html These two options are as 
follows:
    (1) Submit your State's data in the National Emissions Trends (NET) 
input format; or
    (2) Submit your State's data in the Electronic Data Interchange 
(EDI) format.
    (b) Some metadata describing your submission are not listed in 
Tables 2a through 2d of appendix A of this subpart are also required. 
Because electronic reporting technology continually changes, contact 
your EPA Regional Office for acceptable formats. You should consult 
specific instructions for your State system format to determine 
additional requirements not listed in Tables 2a through 2d.


Sec. 51.45  Where should my State report the data?

    (a) If your State uses either the NET Input format or the EDI 
format, your State submits or reports data by either providing it to 
EPA directly or notifying EPA that it is available in the specified 
format and at a specific electronic location (FTP site).
    (b) For the latest information on data reporting procedures, call 
our Info Chief help desk at (919)541-1000 or email to 
[email protected].

Appendix A to Subpart A of Part 51--Tables and Glossary

                      Table 1.--Summary of Requirements for Reporting Emission Inventories
----------------------------------------------------------------------------------------------------------------
                                          Point source inventory
            Provision            ----------------------------------------    NOX SIP call      3-Year inventory
                                  Type A sources \1\  Type B sources \1\       inventory
----------------------------------------------------------------------------------------------------------------
CAA citation....................  Section             Section             Section 110(a)(2).  Section 172(c)(3),
                                   110(a)(2)(F).       110(a)(2)(F),                           Section
                                                       Sec.  112.                              182(a)(3)(A), and
                                                                                               Section
                                                                                               187(a)(5), Sec.
                                                                                               112
1. Frequency of reporting.......  Annual............  Every three years.  Annual............  Every three years
2. Estimating period............  Annual............  Annual and Daily    Five month season.  Annual and Daily
                                                       \3\.                                    \3\
3. Areas to which provision       Entire U.S.         Entire U.S.         NOX SIP Call areas  Entire U.S.
 applies.                          (Statewide).        (Statewide).        (Statewide).        (Statewide)
4. Pollutants and source size     Pollutant.........  Pollutant.........  Pollutant.........  Pollutant Ozone NA
 thresholds.                                                                                   areas: \4\
                                  tpy \2\             tpy \2\             tpy \2\             tpy \2\
                                  SOX      SOX      NOX      VOC 
                                   2,500               100                 100.                10,
                                  NOX      NOX        ................  NOX 
                                   2,500.              100,.              Lesser thresholds    100,
                                  VOC      VOC       to be defined by   CO 
                                   250.                100.                state.              100.
                                  PM10     PM10       ................
                                   250.                100.                                   CO NA areas: \4\
                                  PM2.5    PM2.5                        CO 
                                   250.                100.                                    100.
                                  CO       CO 
                                   2,500.              1,000.
                                  NH3      Pb  5..
                                   250.               NH3 
                                                       100.
                                                                          All sources not
                                                                           inventoried as
                                                                           point sources
                                                                           shall be
                                                                           inventoried as
                                                                           area or mobile
                                                                           sources and
                                                                           reported only if
                                                                           they are to be
                                                                           controlled to
                                                                           meet emission
                                                                           budget.

[[Page 33276]]

 
                                                                                              PM-10 NA areas:
                                                                                               \4\
                                                                                              PM10 
                                                                                               70 (serious),
                                                                                              PM10 
                                                                                               100 (moderate).
 
                                                                                              PM2.5 NA areas:
                                                                                               \4\
                                                                                              PM2.5 
                                                                                               100.
                                                                                                 Ammonia may be
                                                                                               inventoried as a
                                                                                               point or area
                                                                                               source.
                                                                                              Inventory
                                                                                               includes:
                                                                                               Point
                                                                                               sources  specified
                                                                                               tpy.
                                                                                               Area
                                                                                               sources
                                                                                               specified tpy.
                                                                                               Onroad
                                                                                               mobile sources.
                                                                                               Nonroad
                                                                                               mobile sources.
                                                                                               Biogenic
                                                                                               sources.
----------------------------------------------------------------------------------------------------------------
\1\ Previously, the Type A sources and the Type B sources together constituted the annual inventory (40 CFR Part
  51.321-323); all such sources were required to report annually.
\2\ tpy = tons per year.
\3\ Ozone daily emissions = summer work weekday; CO daily emissions = winter work weekday; PM daily emissions =
  to be defined in consultation with Regional office.
\4\ Thresholds apply to nonattainment areas only; remainder of State uses Type B Source thresholds to
  distinguish between point and area sources.


                                           Table 2a.--Data Elements That States Must Report for Point Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual                                                  Every 3 years
           Data elements           ---------------------------------------------------------------------------------------------------------------------
                                          Entire U.S.            NOX SIP call             Entire U.S.                NAA                NOX SIP call
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission levels (Tons per year)...  VOC250       NOX100       VOC100       \1\ VOC10   NOX100
                                    NOX2500      Lesser thresholds to    NOX100       \1\ NOX100
                                    SOX2500       be defined by state    SOX100       \1\ PM1070
                                    PM10250                              PM10100      \1\ CO 100
                                    PM2.5250                             PM2.5100
                                    CO2500                               CO1000
                                    NH3 250                              Pb5
                                                                                    NH3100
 1. Inventory year................                                                                            
 2. Inventory start date..........                   ......................                                          
 3. Inventory end date............                   ......................                                          
 4. Inventory type................                   ......................                                          
 5. State FIPS code...............                                                                            
 6. County FIPS code..............                                                                            
 7. Federal ID code (plant).......                                                                            
 8. Federal ID code (point).......                                                                            
 9. Federal ID code (process).....                                                                            
10. Site name.....................                                                                            
11. Physical address..............                                                                            
12. SCC...........................                                                                            
13. Heat content (fuel) (annual)..                                                                            
14. Ash content (fuel) (annual)...                   ......................                                   .....................
15. Sulfur content (fuel) (annual)                   ......................                                   .....................
16. Heat content (fuel) (seasonal)  ......................                   ......................  .....................         
17. Source of fuel heat content...  ......................                   ......................  .....................         
18. Pollutant code................                                                                            
19. Activity/throughput (annual)..                                                                            
20. \2\ Activity/throughput                                                                                   
 (daily).
21. Activity/throughput (NOX ozone  ......................                   ......................  .....................         
 season).
22. Source of activity/throughput   ......................                   ......................  .....................         
 (NOX ozone season).
23. Work weekday emissions........                                                                            
24. Annual emissions..............                   ......................                                   .....................
25. NOX Ozone season emissions....  ......................                   ......................  .....................         
26. Area classification...........  ......................                   ......................  .....................         
27. Emission factor...............                                                                            
28. Source of emission factor.....  ......................                   ......................  .....................         

[[Page 33277]]

 
29. Winter throughput (%).........                   ......................                                   .....................
30. Spring throughput (%).........                                                                            
31. Summer throughput (%).........                                                                            
32. Fall throughput (%)...........                                                                            
33. Hr/day in operation...........                                                                            
34. Start time (hour).............                                                                            
35. Day/wk in operation...........                                                                            
36. Wk/yr in operation............                                                                            
37. Federal ID code (stack number)  ......................                                                           
38. X stack coordinate (latitude).  ......................  ......................                                          
39. Y stack coordinate (longitude)  ......................  ......................                                          
40. Stack height..................  ......................  ......................  ......................                         
41. Stack diameter................  ......................  ......................  ......................                         
42. Exit gas temperature..........  ......................  ......................  ......................                         
43. Exit gas velocity.............  ......................  ......................  ......................                         
44. Exit gas flow rate............  ......................  ......................  ......................                         
45. SIC/NAICS.....................  ......................  ......................                                          
46. Design capacity...............  ......................  ......................                                          
47. Maximum nameplate capacity....  ......................  ......................                                          
48. Primary control eff (%).......  ......................  ......................                                          
49. Secondary ctl eff (%).........  ......................  ......................                                          
50. Control device type...........  ......................  ......................                                          
51. Rule effectiveness (%)........  ......................  ......................                                   .....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Both daily and annual emission estimates required.
\2\ May be derived from annual or seasonal throughput.


                                      Table 2b.--Data Elements that States Must Report for Area and Nonroad Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual                                                  Every 3 years
           Data elements           ---------------------------------------------------------------------------------------------------------------------
                                          Entire U.S.          \1\ NOX SIP Call           Entire U.S.                NAA                NOX SIP call
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions levels (Tons per year)..  ......................  ......................  \2\VOC 10               .....................  NOX 100
                                                                                    \2\ NOX 100
                                                                                    \2\ PM10 100
                                                                                    \2\ PM2.5 100
                                                                                    \2\ CO 100
                                                                                    \2\ NH3 100
 1. Inventory year................  ......................                                    .....................         
 2. Inventory start date..........  ......................                                    .....................         
 3. Inventory end date............  ......................                                    .....................         
 4. Inventory type................  ......................                                    .....................         
 5. State FIPS code...............  ......................                                    .....................         
 6. County FIPS code..............  ......................                                    .....................         
 7. SCC...........................  ......................                                    .....................         
 8. Emission factor...............  ......................                                    .....................         
 9. Source of emission factor.....  ......................                   ......................  .....................         
10. Activity/throughput level       ......................                                    .....................         
 (annual).
11. Activity/throughput (NOX ozone  ......................                   ......................  .....................         
 season).
12. Source of activity/throughput   ......................                   ......................  .....................         
 (NOX ozone season).
13. Total capture/control           ......................                                    .....................         
 efficiency (%).
14. Rule effectiveness (%)........  ......................                                    .....................         
15. Rule penetration (%)..........  ......................                                    .....................         
16. Pollutant code................  ......................                                    .....................         
17. Summer/winter work weekday      ......................                                    .....................         
 emissions.
18. Annual emissions..............  ......................                                    .....................         
19. NOX ozone season emissions....  ......................                   ......................  .....................         
20. Source of emissions data......  ......................                   ......................  .....................         
21. Winter throughput (%).........  ......................                                    .....................         
22. Spring throughput (%).........  ......................                                    .....................         
23. Summer throughput (%).........  ......................                                    .....................         
24. Fall throughput (%)...........  ......................                                    .....................         
25. Hr/day in operations..........  ......................                                    .....................         
26. Day/wk in operations..........  ......................                                    .....................         

[[Page 33278]]

 
27. Wk/yr in operations...........  ......................                                    .....................         
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ You are only required to report sources within your State if they are CONTROLLED to meet NOX reductions under Sec.  51.121.
\2\ Both daily and annual emission estimates required.


                                       Table 2c.--Data Elements That States Must Report for Onroad Mobile Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual                                                  Every 3 years
           Data elements           ---------------------------------------------------------------------------------------------------------------------
                                          Entire U.S.          \1\ NOX SIP call           Entire U.S.                NAA                NOX SIP call
--------------------------------------------------------------------------------------------------------------------------------------------------------
 1. Inventory year................  ......................                                    .....................         
 2. Inventory start date..........  ......................                                    .....................         
 3. Inventory end date............  ......................                                    .....................         
 4. Inventory type................  ......................                                    .....................         
 5. State FIPS code...............  ......................                                    .....................         
 6. County FIPS code..............  ......................                                    .....................         
 7. SCC...........................  ......................                                    .....................         
 8. \2\ Emission factor...........  ......................                                    .....................         
 9. Activity (VMT by Roadway        ......................                                    .....................         
 Class).
10. Source of activity data.......  ......................                   ......................  .....................         
11. Pollutant code................  ......................                                    .....................         
12. Summer/winter work weekday      ......................                                    .....................         
 emissions.
13. Annual emissions..............  ......................  ......................                   .....................  .....................
14. NOX Ozone season emissions....  ......................                   ......................  .....................         
15. Source of emissions data......  ......................                   ......................  .....................         
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ You are only required to report Onroad Mobile sources within your State if they are CONTROLLED to meet NOX reductions under Sec.  51.121.
\2\ Both daily and annual emission estimates required.


                      Table 2d.--Data Elements That States Must Report for Biogenic Sources
----------------------------------------------------------------------------------------------------------------
                                               Annual                             Every 3 years
            Data elements            ---------------------------------------------------------------------------
                                             Entire U.S.              Entire U.S.                  NAA
----------------------------------------------------------------------------------------------------------------
 1. Inventory year..................  ........................                    .......................
 2. Inventory start date............  ........................                    .......................
 3. Inventory end date..............  ........................                    .......................
 4. Inventory type..................  ........................                    .......................
 5. State FIPS code.................  ........................                    .......................
 6. County FIPS code................  ........................                    .......................
 7. SCC.............................  ........................                    .......................
 8. Pollutant code..................  ........................                    .......................
 9. Summer/winter work weekday        ........................                    .......................
 emissions.
10. Annual emissions................  ........................                    .......................
----------------------------------------------------------------------------------------------------------------

Glossary to Appendix A

    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.
    Area classification--The Clean Air Act classification of the 
nonattainment area containing the reporting source (transitional, 
marginal, moderate, serious, severe, extreme).
    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.
    Annual emissions--Actual emissions for a plant, point, or process--
measured or calculated that represent a calendar year.
    Ash content--Inert residual portion of a fuel.
    Biogenic sources--Biogenic emissions are all pollutants emitted 
from non-anthropogenic 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/parish/reservation (FIPS)--Federal Information Placement 
System (FIPS). FIPS is the system of unique numeric codes the 
government developed to identify States, counties, towns, and townships 
for the entire United States, Puerto Rico, and Guam.

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    Day/wk in operations--Days per week that the emitting process 
operates.
    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.
    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).
    Federal ID code (plant)--Unique code for a plant or facility, 
containing one or more pollutant-emitting sources.
    Federal ID code (point)--Unique code for the point of generation of 
emissions, typically a physical piece of equipment.
    Federal ID code (process)--Unique code for the process generating 
the emissions, typically a description of a process.
    Federal ID code (stack number)--Unique code for the point where 
emissions from one or more processes release into the atmosphere.
    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.
    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.
    Maximum nameplate capacity--A measure of a unit's size that the 
manufacturer puts on the unit's nameplate.
    Metadata--Data that describes how and when and by whom a particular 
set of data was collected, and how the data is formatted. Metadata are 
essential for understanding information stored in data bases.
    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 affected by sections 111 or 
202 of the CAA.
     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.
    NOX ozone season emissions--Actual ozone season 
emissions for a plant, point, or process, either measured or 
calculated. Ozone season emissions for NOX SIP Call are the 
emissions between May 1 and September 30. (Note that 40 CFR Part 58 
contains a different definition for ozone season monitoring.)
    Physical address--Street address of a facility.
    Point source--Point sources are large, stationary (non-mobile), 
identifiable sources of emissions that release pollutants into the 
atmosphere. State or local air regulatory agencies define a plant as a 
point source whenever it annually emits more than a specified amount of 
a given pollutant; these ``cutoff'' levels definitions vary among State 
and local agencies. A stationary source which emits less than a 
``cutoff'' is an area source.
    Pollutant code--A unique code for each reported pollutant assigned 
in the EIIP Data Model. 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.
    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 category code. A process-level code that describes the 
equipment 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.
    Source of activity rate/throughput data--Source of data from which 
you got the activity rate/throughput.
    Source of emission factor--Source of data from which you got the 
emission factor.
    Source of fuel heat content data--Source of data from which you got 
the fuel heat content.
    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.
    Start time (hour)--Start time (if available) that you used to 
calculate the emissions estimates.
    State/providence/territory (FIPS)--Federal Information Placement 
System (FIPS). FIPS is the system of unique numeric codes the 
government developed to identify States, counties, towns, and townships 
for the entire United States, Puerto Rico, and Guam.
    Sulfur content--Sulfur content of a fuel, usually expressed as a 
percentage.
    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

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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--Very large point sources defined by emission 
thresholds listed in Table 1.
    Type B source--Smaller point sources defined by emission thresholds 
listed in Table 1.
    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 non-moving emissions are incorporated 
into the emission factors in EPA's Mobile Model.
    Winter throughput (%)--Part of throughput or activity for the three 
winter months (December, January, February). 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 east-west geographical 
coordinate. Y stack coordinate (longitude)--An object's north-south 
geographical coordinate.

Appendix B [Reserved]

Subpart Q--[Amended]

    3. Section 51.322 is revised to read as follows:


Sec. 51.322  Sources subject to emissions reporting.

    The requirements for reporting emissions data under the plan are in 
Sec. 51.1 of this part.
    4. Section 51.323 is revised to read as follows:


Sec. 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. 00-12787 Filed 5-22-00; 8:45 am]
BILLING CODE 6560-50-P