[Federal Register Volume 67, Number 111 (Monday, June 10, 2002)]
[Rules and Regulations]
[Pages 39602-39616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14037]


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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.

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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 
PM2.5 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: 
[email protected].

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 (Sec. 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.\1\
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    \1\ 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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    This rule consolidates the various emissions reporting requirements 
that already exist into one place in the CFR, establishes new reporting 
requirements related to PM2.5 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

[[Page 39603]]

transportation sources, in combination with the latest available 
estimates of vehicle miles traveled (VMT). The NONROAD model can be 
used for off-road 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 PM2.5 and ammonia (NH3). Since 
PM2.5 is both a NAAQS pollutant and a major contributor to 
visibility impairment, we feel it is appropriate to begin collecting 
this emissions data. These PM2.5 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 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 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 PM2.5 and NH3 
reporting will only be required for area and mobile sources. States 
will be required to commence point source reporting of PM2.5 
and NH3 at a later date as detailed in Sec. 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 PM2.5 and the precursor 
NH3 to the criteria pollutants. (Note: Initially 
PM2.5 and NH3 reporting will only be required for 
area and mobile sources. States will be required to commence point 
source reporting of PM2.5 and NH3 at a later date 
as detailed in Sec. 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 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. 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

[[Page 39604]]

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 PM2.5 and NH3. 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 PM10; 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

[[Page 39605]]

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 Sec. 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

[[Page 39606]]

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 Sec. 51.20 to include only specific compounds or 
groups of compounds. This commenter wanted us to remove 
``PM2.5 precursors'' from our list of pollutants. We have 
carefully evaluated this comment and agree that the term 
``PM2.5 precursor'' is not precise. There is not an 
acceptable enforceable definition of this term. When ``PM2.5 
precursor'' was used in the proposed rule, the compounds or groups of 
compounds SOX, VOC, NOX and NH3 were 
meant. Since the CERR specifically requires the reporting of 
SOX, VOC and NOX, we have dropped the term 
``PM2.5 precursors'' and substituted NH3 in the 
list of required pollutants. The proposed rule specifically stated that 
NH3 was a ``PM2.5 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 EPA-
developed models including the MOBILE model, the NONROAD model, and the 
PART model and emission factors, especially ones for PM2.5 
and NH3. 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 Sec. 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

[[Page 39607]]

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 EPA-
supplied 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.

I. 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 PM2.5 and 
NH3 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 ``Sec. 51.40 In what form should my 
State report the data to EPA?'' and ``Sec. 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 Sec. 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 
Sec. 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 NH3 
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 
NH3 emissions. As modified, the rule now provides that 
States must commence reporting point source emissions of 
PM2.5 and NH3 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 NH3 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,

[[Page 39608]]

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 
[email protected], 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 PM2.5 and 
NH3 (Note: Initially PM2.5 and NH3 
reporting will only be required for area and mobile sources. States 
will be required to commence point source reporting of PM2.5 
and NH3 at a later date as detailed in Sec. 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Hours per      Total hours     Total labor    Total annual    Total annual
         Reporting requirement                Number of respondents         respondent       per year     costs per year   capital costs     O&M costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current................................  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  ..............  ..............
PM2.5 and NH3 Reporting................  104............................              84           8,736         259,667  ..............  ..............
CERR-Compatible 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'', 
``PM2.5 and NH3 reporting requirements'', and 
``CERR-compatible 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

[[Page 39609]]

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 PM2.5 and NH3 reporting requirements add 
8,736 hours per year. Several commenters stated that the burden 
estimate for PM2.5 reporting was low and did not take into 
account the amount of time needed to develop emission factors since 
very little dependable PM2.5 emissions factor information 
exists. Several commenters, however, indicated that the burden to 
perform this activity will be zero since they are already compiling 
PM2.5 inventories for their own emissions inventory or 
modeling purposes. The EPA agrees that burden hours associated with 
PM2.5 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 PM2.5 and NH3 emissions inventory, 
and if necessary, to update agency reporting systems to include 
PM2.5 and NH3. The revised estimate of 8736 hours 
includes the effort for a State or local agency to update their 
emissions reporting system to include PM2.5 and 
NH3. Although States are not required to commence reporting 
of PM2.5 and NH3 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 PM2.5 reporting, since States may 
look to industry to provide PM2.5 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 PM2.5 and NH3 
from point sources in a subsequent revised ICR. States will be required 
to commence point source reporting of PM2.5 and 
NH3 at a later date as detailed in Sec. 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 CERR-compatible 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-for-profit 
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 Sec. 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.

[[Page 39610]]

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, Sec. 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 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.
    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 PM2.5 and NH3 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.

I. 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

[[Page 39611]]

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.

J. 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


Sec. 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.


Sec. 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.


Sec. 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 (Sec. 51.121) should report their emissions 
under the provisions of Sec. 51.122. To avoid confusion, these 
requirements are not repeated here.

Specific Reporting Requirements


Sec. 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 PM10.
    (viii) NH3.
    (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.


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

    (a) All anthropogenic stationary sources must be included in your

[[Page 39612]]

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.


Sec. 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.


Sec. 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 Three-year 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 Sec. 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 PM2.5 and NH3 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 
PM2.5 and NH3 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.


Sec. 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 Sec. 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.


Sec. 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 
[email protected].


Sec. 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

[[Page 39613]]

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 [email protected].

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

                    Table 1.--Minimum Point Source Reporting Thresholds by Pollutant(tpy \1\)
----------------------------------------------------------------------------------------------------------------
                                                                             Three-year cycle
             Pollutant                  Annual cycle    --------------------------------------------------------
                                      (type A sources)   Type B sources \2\                NAA \3\
----------------------------------------------------------------------------------------------------------------
1. SOx.............................                2500                 100  100
2. VOC.............................                 250                 100  03 (moderate)100
3. VOC.............................  ..................  ..................  O3 (serious)50
4. VOC.............................  ..................  ..................  O3 (severe)25
5. VOC.............................  ..................  ..................  O3 (extreme)10
6. NOX.............................                2500                 100  100
7. CO..............................                2500                1000  O3 (all areas)100
8. CO..............................  ..................  ..................  CO (all areas)100
9. Pb..............................  ..................                   5  5
10. PM10...........................                 250                 100  PM1010 (moderate)100
11. PM10...........................  ..................  ..................  PM10 (serious)70
12. PM2.5..........................                 250                 100  100
13. NH3............................                 250                 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
------------------------------------------------------------------------
                                                         Every 3 years
          Data elements             Annual (Type A      (Type B sources
                                       sources)            and NAAs)
------------------------------------------------------------------------
1. Inventory year...............
2. Inventory start date.........
3. Inventory end date...........
4. Inventory type...............
5. State FIPS code..............
6. County FIPS code.............
7. Facility ID code.............
8. Point ID code................
9. Process ID code..............
10. Stack ID code...............
11. Site name...................
12. Physical address............
13. SCC or PCC..................
14. Heat content (fuel) (annual
 average).......................
15. Ash content (fuel) (annual
 average).......................
16. Sulfur content (fuel)
 (annual average)...............
17. Pollutant code..............
18. Activity/throughput (annual)
19. Activity/throughput (daily).
20. Work weekday emissions......
21. Annual emissions............
22. Emission factor.............
23. Winter throughput (%).......
24. Spring throughput (%).......
25. Summer throughput (%).......
26. Fall throughput (%).........
27. Hr/day in operation.........
28. Start time (hour)...........
29. Day/wk in operation.........
30. Wk/yr in operation..........
31. X stack coordinate            ..................
 (latitude).....................
32. Y stack coordinate            ..................
 (longitude)....................
33. Stack Height................  ..................
34. Stack diameter..............  ..................
35. Exit gas temperature........  ..................
36. Exit gas velocity...........  ..................
37. Exit gas flow rate..........  ..................
38. SIC/NAICS...................  ..................
39. Design capacity.............  ..................
40. Maximum namemplate capacity.  ..................
41. Primary control eff (%).....  ..................

[[Page 39614]]

 
42. Secondary control eff (%)...  ..................
43. Control device type.........  ..................
44. Rule effectiveness (%)......  ..................
------------------------------------------------------------------------


  Table 2b.--Data Elements that States Must Report for Area and Nonroad
                             Mobile Sources
------------------------------------------------------------------------
                                                               Every 3
                       Data elements                            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. Emission factor........................................
9. Activity/throughput level (annual).....................
10. Total capture/control efficiency (%)..................
11. Rule effectiveness (%)................................
12. Rule penetration (%)..................................
13. Pollutant code........................................
14. Summer/winter work weekday emissions..................
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. Wks/yr in operation...................................
------------------------------------------------------------------------


   Table 2c.--Data Elements that States Must Report for Onroad Mobile
                                 Sources
------------------------------------------------------------------------
                                                               Every 3
                       Data elements                            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. Emission factor........................................
9. Activity (VMT by Roadway Class)........................
10. Pollutant code........................................
11. Summer/winter work weekday emissions..................
12. Annual emissions......................................
------------------------------------------------------------------------


  Table 2d.--Data Elements that States Must Report for Biogenic Sources
------------------------------------------------------------------------
                                                               Every 3
                       Data elements                            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. Pollutant code.........................................
9. Summer/winter work weekday emissions...................
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 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 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 pollutant-emitting 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 affected by 
sections 111 or 202 of the CAA.

[[Page 39615]]

     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 
Sec. 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) Secondary PM: 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 PM2.5 and Condensible PM individually. Note 
that all Condensible PM is assumed to be in the PM2.5 
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 Sec. 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:


Sec. 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 Secs. 51.322 
through 51.326.
    4. 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 
subpart A of this part 51.

[[Page 39616]]

    5. 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. 02-14037 Filed 6-7-02; 8:45 am]
BILLING CODE 6560-50-P