[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37164-37176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14628]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2004-0489; FRL-9795-9]
RIN 2060-AR29


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Today's action proposes changes to the existing EPA emission 
inventory reporting requirements on state, local, and tribal agencies 
in the current Air Emissions Reporting Requirements rule published on 
December 17, 2008. The proposed amendments would lower the current 
threshold for reporting Pb sources as point sources; eliminate the 
requirement for reporting emissions from wildfires and prescribed 
fires; and replace a requirement for reporting mobile source emissions 
with a requirement for reporting the input parameters that can

[[Page 37165]]

be used to run the EPA models that generate the emissions estimates. In 
addition, the proposed amendments would reduce the reporting burden on 
state, local, and tribal agencies by removing the requirements to 
report daily and seasonal emissions associated with carbon monoxide 
(CO), ozone (O3), and particulate matter up to 10 
micrometers in size (PM10) nonattainment areas and nitrogen 
oxides (NOX) State Implementation Plan (SIP) call areas, 
although reporting requirements for those emissions would remain in 
other regulations. Lastly, the proposed amendments would clarify, 
remove, or simplify some current emissions reporting requirements which 
we believe are not necessary or are not clearly aligned with current 
inventory terminology and practices.

DATES: Comments must be received on or before August 19, 2013. Under 
the Paperwork Reduction Act, comments on the information collection 
request must be received by EPA and OMB on or before July 22, 2013.
    The EPA will hold a public hearing on today's proposal only if 
requested by July 1, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0489, by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: [email protected].
     Fax: (202) 566-9744.
     Mail: Air Emissions Reporting Requirements Rule, Docket 
No. EPA-HQ-OAR-2004-0489, Environmental Protection Agency, Mailcode: 
2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Please include 
two copies.
     Hand Delivery: Docket No. EPA-HQ-OAR-2004-0489, EPA Docket 
Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0489. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment as well as with any 
disk or CD-ROM you submit. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Emissions Reporting 
Requirements Rule Docket, EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave. NW., Washington, DC 20460. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Ryan, Office of Air Quality 
Planning and Standards, Air Quality Assessment Division, Emission 
Inventory and Analysis Group (C339-02), U.S. Environmental Protection 
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
4330; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for the EPA?
    C. Where can I get a copy of this document?
    D. Will there be a public hearing?
II. Background and Purpose of This Rulemaking
III. Proposed Revisions to Emissions Reporting Requirements
    A. Lower Point Source Threshold for Lead Emitters
    B. Elimination of Reporting for Wildfires and Prescribed Fires 
and Clarification for Reporting Agricultural Fires
    C. Reporting Emission Model Inputs for Onroad and Nonroad 
Sources
    D. Removal of Requirements To Report Daily and Seasonal 
Emissions
    E. Revisions To Simplify Reporting and Provide Consistency With 
EIS
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulations and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by this action 
include:

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


[[Page 37166]]

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

    1. Expedited Review. To expedite review of your comments by agency 
staff, you are encouraged to send a separate copy of your comments, in 
addition to the copy you submit to the official docket, to Mr. Ron 
Ryan, U.S. EPA, Office of Air Quality Planning and Standards, Air 
Quality Assessment Division, Emission Inventory and Analysis Group, 
Mail Code C339-02, Research Triangle Park, NC 27711; telephone: (919) 
541-4330; email: [email protected].
    2. Submitting CBI. Do not submit this information to the EPA 
through http://www.regulations.gov or email. Clearly mark any of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    3. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. Where can I get a copy of this document?

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

D. Will there be a public hearing?

    The EPA will hold a public hearing on today's proposal only if 
requested by July 1, 2013. The request for a public hearing should be 
made in writing and addressed to Mr. Ron Ryan, U.S. EPA, Office of Air 
Quality Planning and Standards, Air Quality Assessment Division, 
Emission Inventory and Analysis Group, Mail Code C339-02, Research 
Triangle Park, NC 27711. The hearing, if requested, will be held on a 
date and at a place published in a separate Federal Register notice.

II. Background and Purpose of This Rulemaking

    The EPA promulgated the Air Emissions Reporting Requirements (AERR) 
in the Federal Register at 73 CFR 76539, on December 17, 2008, in order 
to consolidate and harmonize the emissions reporting requirements of 
the NOX SIP Call (40 CFR 51.122) and the Consolidated 
Emissions Reporting Rule (40 CFR part 51, subpart A) with the needs of 
the Clean Air Interstate Rule (CAIR). These amendments are being 
proposed to align the AERR with the National Ambient Air Quality 
Standard for Lead (73 FR 66964, November 12, 2008) and the associated 
Revisions to Lead Ambient Air Monitoring Requirements (75 FR 81126), 
and because use of the previous AERR over the past few years has 
revealed needed improvements that will both reduce burden on states and 
local air agencies as well as make minor technical corrections that 
reflect what has been put into practice through existing electronic 
reporting implementation.
    The proposed amendments would lower the current threshold for 
reporting stationary Pb sources as point sources to align with and 
support the requirements of the 2008 revisions to the National Ambient 
Air Quality Standard for Lead (73 FR 66964, November 12, 2008) and the 
associated Revisions to Lead Ambient Air Monitoring Requirements (75 FR 
81126) for source-oriented monitors.
    The proposed amendments would also clarify, remove, or simplify 
some emissions reporting requirements in the current AERR which we 
believe are not necessary or are not clearly aligned with current 
inventory terminology and practices. Most of these clarifications are 
revisions to the names of the specific data elements reported to 
promote consistency with the element names as implemented in the 
electronic reporting schema used by the Emission Inventory System 
(EIS).
    As this requirement was unclear in the current AERR, we are 
proposing to eliminate the requirement for reporting emissions from 
wildfires and prescribed fires, clarifying that they may be optionally 
reported using only the final design implemented in EIS for those two 
source categories.
    We are also proposing to replace a requirement that state and local 
agencies submit mobile source emissions with a new requirement to 
report the input parameters that can be used to run the EPA models that 
generate the emissions estimates.
    To reduce the reporting burden on state and local agencies, we are 
proposing to remove the requirements to submit daily and seasonal 
emissions values.
    To promote consistency with terminology used in the EIS and to 
remove several items proposed to become optional rather than required,

[[Page 37167]]

we are proposing to revise and simplify three tables to subpart A of 
part 51.

III. Proposed Revisions to Emissions Reporting Requirements

A. Lower Point Source Threshold for Lead Emitters

    The current AERR threshold for determining if a stationary source 
of Pb emissions must be reported as an individual point source rather 
than as part of a county-aggregate nonpoint source, is 5 tons per year 
(tpy). As with the other required pollutants, that threshold 
determination is based on potential to emit, although the emissions 
reported are the actual emissions. In 2010, the EPA finalized the 
Revisions to Lead Ambient Air Monitoring Requirements rule (75 FR 
81126), which required monitoring agencies to install and operate 
source-oriented ambient monitors near Pb sources emitting 0.50 tpy or 
more by December 27, 2011. The EPA is proposing to lower the AERR 
emissions threshold for reporting Pb emitters to match the 0.50 tpy 
threshold in the revised ambient air monitoring requirements. This 
would allow the EPA to evaluate and provide proper oversight of the 
ambient monitoring network design finalized in the revised ambient air 
monitoring requirements. The EPA expects that only about 30 additional 
facilities nationwide would be required to be reported as point sources 
due to this change, since most of the sources emitting Pb greater than 
0.5 tpy are already reported as point sources due to their emissions of 
other criteria pollutants. The current AERR already requires all 
criteria pollutants (including Pb) to be reported for a facility that 
emits any one criteria pollutant greater than the relevant threshold.

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

    The current AERR requires states to report emissions from wildfires 
and agricultural fires as either point or nonpoint sources, with the 
point source method being encouraged. The current AERR does not 
explicitly mention prescribed fires, but a review of both Federal 
Register notices proposing and finalizing the AERR (71 FR 69 and 73 FR 
76539, respectively) indicate that the intent was to require wildfires 
and prescribed fires to be reported as either point or nonpoint 
sources, with no explicit mention of agricultural fires. In addition to 
correcting this erroneous switching of agricultural fires for the 
intended prescribed fires, the EPA is also proposing to eliminate the 
requirement for wildfires and prescribed fires to be reported by 
states. The EPA already provides nationwide estimates for wildfires and 
prescribed fires using information it has, so requiring states to also 
report these data is not necessary. States are encouraged to review and 
comment on the EPA's estimates, or to report their own estimates if 
they so choose. In addition, we propose to clarify that reporting of 
these two fire types can only be made via the Events source type. 
Events is a new source reporting format created in the EIS data system 
to accommodate the day-specific emission details needed for the NEI to 
accurately reflect these large-scale, but short-term, emission events. 
We also propose to clarify that agricultural fires continue to be 
required to be reported, but as nonpoint sources only. Agricultural 
fires cannot be reported as point sources, and we are unaware of any 
state that wishes to do so.

C. Reporting Emission Model Inputs for Onroad and Nonroad Sources

    We are proposing to replace the current requirement for states to 
report emissions for onroad and nonroad sources with a requirement that 
they report the input parameters that can be used in the EPA models to 
generate the emissions values. Reporting the emissions values would 
become voluntary. California and tribal agencies must continue to 
report emissions rather than model inputs because the EPA models are 
not applicable to California, and the county-specific inputs required 
by EIS for these models are not applicable to tribal areas. We are also 
proposing that in lieu of submitting any data, states may accept the 
EPA's emission estimates for mobile sources. States are encouraged to 
review and comment on the EPA's estimates and inputs.
    As the states are already required to use the EPA models, the 
inputs needed to run those models are already available for submission. 
We expect that there will be less burden on the states to report the 
model inputs rather than the resultant emissions values, as the model 
input files are much smaller and more manageable than the output 
emission files. The current AERR allows states the option to report the 
model inputs in lieu of the emissions values. Nineteen states submitted 
some model inputs for the 2008 NEI.
    Requiring states to provide model inputs rather than only the 
resultant emissions values will also reduce the costs and improve the 
accuracy and timeliness of the EPA's air quality planning efforts. 
Having the model inputs allows the EPA to use the latest version of the 
applicable models to generate the most accurate emission outputs. 
Requiring reporting of the model inputs also allows the EPA to generate 
consistent base year and future year emission estimates that are 
necessary for performing accurate benefits estimates for proposed 
regulations.

D. Removal of Requirements To Report Daily and Seasonal Emissions

    In addition to requiring all states to report annual emissions for 
all source types on a triennial cycle, the current AERR also requires 
the reporting of daily or seasonal emissions to be reported for a 
subset of geographic areas. States subject to the NOX SIP 
Call are required by the AERR to report 5-month O3 season 
and summer day NOX emissions every year, and summer day 
NOX and volatile organic compound (VOC) emissions every 
third year. States with an 8-hour O3 nonattainment area are 
required by the AERR to report summer day NOX and VOC 
emissions for all counties that were covered by the nonattainment area 
modeling domain that was used to demonstrate Reasonable Further 
Progress (RFP) every third year. States with CO nonattainment areas and 
states with CO attainment areas subject to maintenance plans are 
required by the AERR to report winter work weekday CO emissions every 
third year. The underlying needs for these daily and seasonal emissions 
values are derived from requirements in the NOX SIP Call 
rule, the O3 NAAQS Implementation rule, and the CO NAAQS 
Implementation rule, respectively.
    We are proposing to delete all of the daily and seasonal emissions 
reporting requirements from the AERR and to replace those requirements 
with statements that the states can choose to meet the underlying 
periodic inventory reporting requirements of those three other rules by 
reporting via the AERR. The current O3 and CO NAAQS 
Implementation rules, and the proposed changes to the NOx SIP Call, 
would continue to require states to report the emissions in a format 
and on a schedule as required by those rules to ensure compliance with 
those rules. Each of the three underlying rules already requires states 
to show and track consistency with the emissions projections contained 
in approved SIP submissions, and also contains requirements for public 
review of SIP revisions. Given these specific requirements in 
individual rules, the EPA believes that also requiring submittal of 
these daily and seasonal emissions values in a

[[Page 37168]]

format and under a schedule prescribed by the existing AERR and the EIS 
data system can be unfeasible in practice and is likely to introduce 
significant inaccuracies and confusion. In addition, the periodic 
emissions data and documentation that states are required to submit to 
their EPA Regional Offices under the two existing NAAQS implementation 
rules and the proposed changes to the NOx SIP Call are sufficient to 
demonstrate compliance with those rules and, thus, make the existing 
AERR requirement unnecessary.

E. Revisions To Simplify Reporting and Provide Consistency With EIS

    The AERR was finalized on December 17, 2008, prior to the 
finalization of the design details of the EIS data system that is used 
to collect and store the required data. As a result, the EPA is 
proposing a number of changes to provide consistency between the AERR 
reporting mechanism and the EIS data collection system and, thus, 
simplify emissions reporting. There were a number of inconsistencies 
between the AERR and the EIS data system in the terminology used for 
some data elements. Some compound data elements in the AERR were 
separated into more discrete and less ambiguous elements in the EIS. In 
addition, a few data elements necessary for inclusion in the EIS data 
system, in order to fully describe related required data elements, were 
not explicitly listed in the AERR, and some AERR data elements that 
were listed as required for state reporting have since been determined 
to be obtainable by the EPA by other methods. The proposed removal of 
requirements to report the O3 and CO typical day SIP 
emissions and the NOx SIP Call seasonal emissions, via this AERR 
reporting mechanism and the EIS data system as described above, make it 
necessary to remove several other data elements from the AERR 
requirements, although they are still available in the EIS as optional 
data elements.
1. Revised Formats for Appendix A Tables
    The EIS data system was designed such that data elements that had 
not changed from one reporting period to the next need not be re-
submitted. Only data elements that have changed need be reported. This 
streamlined reporting structure, along with the terminology changes, 
requirements deletions, and other consistency revisions described 
above, created a need for the EPA to revise Tables 1, 2a, 2b and 2c in 
Appendix A of the AERR. Table 1 still defines the emissions thresholds 
that determine the Type A point source emissions required to be 
reported each year. In addition, it now includes the thresholds used to 
determine the Type B sources required to be reported as point sources 
every third year. These Type B point source thresholds had previously 
been included as part of the definition of the term ``point source.'' 
In the revised Table 1, we have clarified the name of the two PM 
pollutants by including ``primary.'' This is consistent with the 
existing list of required pollutants described in Sec.  51.15.
    Table 2a has been revised to include only the point source facility 
inventory data elements that are required to be in EIS, without regard 
to either the every-year or triennial reporting cycles, since these 
elements need only be reported for any new point source or when any 
change occurs at an existing point source. The emissions data element 
requirements for point sources from Table 2a have been combined with 
the emissions requirements for the other three emissions source types 
in Table 2b. The need for Table 2c is eliminated by the proposed 
revisions to Table 2b. We have also eliminated the separate columns for 
``Every-year reporting'' and ``Three-year reporting'' from Tables 2a 
and 2b. Those reporting cycle distinctions were only applicable to Type 
A point sources, and with the proposed revisions, Table 1 now describes 
all of the necessary distinctions.
2. Addition of New Facility Inventory Elements
    For the Facility Inventory data elements listed in Table 2a, which 
need to be reported only for new point sources or when a change occurs, 
we are proposing to add new operating statuses to the AERR: Facility 
Site Status, Release Point Status, and Unit Status, along with the year 
in which any of these three items changes from ``Operating'' to some 
other status. These operating statuses are used by the states to 
indicate whether emissions reports should continue to be expected for a 
facility, emissions unit, or release point, or the reason why emissions 
will not be reported after the year indicated.
    We are also proposing to add Aircraft Engine Type, Unit Type, and 
Release Point Apportionment Percent to the Facility Inventory data 
elements listed in Table 2a. Aircraft Engine Type is a code that 
provides a further level of detail of the existing required element 
Source Classification Code (SCC), which describes the emitting 
processes. The Aircraft Engine Type code is one of the inputs to the 
emissions estimation model that is used to estimate aircraft emissions 
during landing and take-off cycles. The EPA does not require states to 
report aircraft engine emissions as point sources, but, instead, 
produces its own set of aircraft engine estimates and provides states 
the opportunity to comment on those estimates and to submit their own 
estimates if they choose. If states choose to submit their own 
estimates, they would have to provide the Aircraft Engine Type code 
along with the SCC in order to completely specify the emitting process.
    Unit Type is a data element added to the EIS to more easily and 
explicitly identify the type of emission unit producing the emissions 
than can be inferred from the SCC. The EPA populated the Unit Type 
field in the original version of the EIS Facility Inventory using the 
SCC code. It is expected that states will know the Unit Type for any 
new emission units that they add, but they do have an option to report 
an ``unclassified'' type. To reduce burden, we are also proposing to 
limit the existing requirement for reporting the Unit Design Capacity 
for all units to only reporting capacities for a limited number of key 
unit types. The Unit Type element is necessary for the EIS data system 
to be able to make the distinction of when unit design capacity would 
still be required.
    Release Point Apportionment Percent is a data element added to the 
EIS at the request of some state reporters. The previous data system 
allowed a given emission process to exhaust to only a single release 
point. However, the EIS data system allows states the option to split 
the emissions from a single emission process to as many release points 
as desired by reporting the percentage going to each release point. The 
vast majority of processes exhaust 100 percent to a single release 
point. The EPA populated the original version of the EIS Facility 
Inventory using this value, which was the only possible interpretation 
from the previous data system and reports. Although the current 
reporting rule does not explicitly list a data element, it was always 
necessary for states to indicate the release point that each process 
exhausted through, and the 100 percent was assumed. This new data 
element is necessary to support the new option in EIS that allows for 
more than one release point to be specified by the state.
3. Addition of New Emissions Elements
    For the Emissions data elements listed in Table 2b, we are 
proposing to add five new items, four of which we believe to be minor 
extensions or clarifications of existing requirements necessary to 
avoid ambiguity in the EIS data system.

[[Page 37169]]

The EPA believes that these new items will not add any new information 
collection burden. The four items are: Shape Identifiers, Emission 
Type, Reporting Period Type, and Emission Operating Type. Shape 
Identifiers are a more detailed method of identifying the geographic 
area for which emissions are being reported than the entire county for 
nonpoint sources. The EPA believes that they are needed for a small 
number of nonpoint sources, such as rail lines, ports, and underway 
vessels, which occur only in a small and identifiable portion of a full 
county. Although states are still required to report emissions for 
these sources, we are also proposing to add language to the AERR to 
allow states to meet the requirements for reporting some of their 
nonpoint sources by accepting the EPA's estimates for the sources for 
which the EPA makes calculations. For the nonpoint sources needing the 
more geographically-detailed emissions, the EPA has provided tables 
describing the geographic entities and their identifiers and has also 
estimated emissions for each of the entities. The EPA provides states 
the opportunity to comment on the EPA estimates and to submit their own 
estimates if they choose. If states choose to submit their own 
estimates, they would have to provide the extra geographic detail 
described by the Shape Identifiers.
    Emission Type is a code that is a further level of detail of the 
existing required element SCC, which identifies the emitting processes. 
Note that we are also proposing to revise the definition of this term 
in Sec.  51.50, since the existing definition actually describes the 
Reporting Period Type and not the Emission Type.
    Reporting Period Type is a code that identifies whether the 
emissions being reported are an annual total or one of the seasonal or 
daily type emissions that we are proposing to make optional, although 
they may still be required as part of the state's own SIP rules. The 
current AERR includes reporting of this code for point sources using 
the erroneous name Emission Type in Table 2a. Although neither Emission 
Type nor Reporting Period Type terms appear in the current Tables 2b or 
2c for the nonpoint, nonroad or onroad sources, we believe this 
information is inherent in the separate listing of annual, seasonal, 
and daily emissions in those tables. While we are proposing to remove 
all except the annual emissions from the requirements, it will still be 
necessary for data submitters to identify the emissions as annual, 
given that the data system will be able to optionally accept the other 
reporting types.
    Emission Operating Type is required only for point source 
emissions. It is similarly necessary in order for the data system to 
distinguish between the minimally required emissions and the other 
optional operating types that the data system can also accept.
    The fifth new item proposed to be added to the Table 2b emissions 
requirements is the Emissions Calculation Method. We are proposing this 
element to be required for point and nonpoint sources. It is a code 
which indicates how each emissions value was estimated or determined 
(e.g., by continuous emissions monitor or by stack test or by an 
average emission factor). The EPA believes this item is needed to 
evaluate the adequacy of any emissions value for the stated purposes of 
the NEI and to be able to select the most reliable emissions value 
where more than one is available to us. State reporters should have 
this information available to them in some form and should be able to 
add it to their electronic submittals with a minimal amount of added 
burden.
4. Clarification of Element Names and Usage for Controls
    We are proposing to revise the data element names and clarify the 
usage conventions for four data elements related to emissions control 
devices for the point source facility inventory items. AERR Table 2a 
currently indicates these four elements as being required in the 
triennial reporting cycle: Primary Capture and Control Efficiencies; 
Total Capture and Control Efficiency; Control Device Type; and Rule 
Effectiveness. However, the EIS data system has separated the single 
element of Total Capture and Control efficiency into its two separate 
components, which the EIS names Percent Control Approach Capture 
Efficiency and Percent Control Measures Reduction Efficiency. The EPA 
believes that reporters would have to know or estimate these two items 
separately before combining them to report the current Total Capture 
and Control Efficiency element. Also, the control efficiency portion of 
the current element and, therefore, the combined Total, would be 
different for each pollutant controlled. This is indicated in the 
current element name Primary Capture and Control Efficiencies, which 
refers to only the control achieved by the primary, or first of 
potentially several control devices used on an emission process, along 
with the hood capture efficiency. The EPA does not believe that state 
reporters can reasonably estimate the separate control reduction 
efficiencies of each control device where more than one control device 
is used. For these reasons, we propose to eliminate the Primary Capture 
and Control Efficiencies element, and to split the Total Capture and 
Control Efficiency into a single Percent Control Approach Capture 
Efficiency along with a Percent Control Measures Reduction Efficiency 
for each pollutant controlled. In addition, although the current AERR 
does not explicitly require reporting of the pollutants being 
controlled, we believe the only reasonable interpretation of the 
existing requirement for reporting control efficiencies is for the 
pollutants controlled to be indicated with their efficiencies. We are, 
therefore, proposing to explicitly list a new data element Control 
Pollutant. Related to these emission control elements, we propose to 
revise the name of current AERR required elements Control Device Type 
and Rule Effectiveness to Control Measure and Percent Control Approach 
Effectiveness, respectively.
    We are also proposing similar terminology and usage conventions for 
the nonpoint sources emission control data elements. As proposed, the 
element Total Capture and Control Efficiency would be renamed to 
Percent Control Measures Reduction Efficiency, and Rule Effectiveness 
would be renamed Percent Control Approach Effectiveness, consistent 
with the point source names. The existing required element for nonpoint 
sources named Rule Penetration would be renamed Percent Control 
Approach Penetration. We are also proposing to add the elements Control 
Measure and Control Pollutant. As with point sources, we believe the 
identification of the controlled pollutants is inherent in the 
requirement to report control reduction efficiency, which is a 
pollutant-specific value. Identification of the control measures for 
nonpoint sources is a new requirement that the EPA believes would not 
add significant burden, given the existing requirement to report 
control reduction efficiencies where they exist.
5. Revisions to Other Facility Inventory Element Names
    We are proposing revisions to some of the terms in point source 
facility inventory Table 2a to clarify their meaning and promote 
consistency with the EIS data system names. We are proposing to revise 
FIPs code to State and County FIPs Code or Tribal Code. For each of the 
five existing stack and exit gas data elements, we are proposing to 
revise their names to add ``Release Point'' in order to be consistent 
with EIS names. We are also proposing to

[[Page 37170]]

explicitly add five Unit of Measure data elements, one for each of the 
existing numerical stack and exit gas data elements. We believe the 
only reasonable interpretation of the existing requirements to report 
these five stack parameter numerical values is to also report the units 
of measure used for the numerical values. In addition, the use of the 
term ``Emission Type'' in existing Table 2a is an error; it was 
intended to read ``Emission Operating Type,'' but that element is now 
proposed to be moved to Table 2b since it describes the emissions 
reported, not the facility.
    We propose to clarify that the existing requirement for Physical 
Address is implemented in the EIS data system by the four separate data 
elements of Location Address, Locality Name, State Code, and Postal 
Code.
6. Revisions To Simplify Reporting and Reduce Burden
    We are proposing revisions to some data elements in the point 
source facility inventory Table 2a to simplify reporting and reduce 
burden where we believe it does not impact the usefulness of the data. 
We are revising the existing requirements for Exit Gas Velocity and 
Exit Gas Flow Rate to indicate that one or the other of these two is 
required, but not both. Because the release point stack diameter is 
also required, it is possible for users to derive the velocity or the 
flow rate from the other value, and so it is not necessary for states 
to report both, and it was not the EPA's intent to require both. To 
reduce burden, we are revising the existing rule terms X Stack 
Coordinate (longitude) and Y Stack Coordinate (latitude) by requiring 
these location values only at the facility level, rather than the stack 
level. It has been EPA's experience that most states do not have 
accurate location values for each individual stack within a facility; 
instead they report the same locational values for all stacks within a 
facility. Furthermore, the vast majority of facilities are 
geographically small enough that such a simplification does not reduce 
the usefulness of the data. Although we are proposing to relax the 
requirement to just facility locational data, the EIS data system does 
retain the ability to store individual stack locations separately from 
a single facility center location, and we encourage states to 
optionally report individual stack locations to add accuracy beyond the 
single facility center location. The EPA may also add such individual 
stack locations where the agency believes it has accurate data.
    Lastly, to reduce burden, we are proposing to eliminate reporting 
of several data elements that appear in existing Tables 2a, 2b and 2c 
in various combinations for the four emissions source types. For all 
four emission source types, we are proposing to eliminate Inventory 
Start Date and End Date; Contact Name and Phone Number; and the four 
seasonal throughput percents. In addition, for the point, nonpoint, and 
nonroad source types, we are proposing to eliminate the three operating 
schedule elements: Hours Per Day, Days Per Week, and Weeks Per Year. 
Also for the point source type we are proposing to eliminate the 
following elements: Heat Content, Ash Content, Sulfur Content, Method 
Accuracy Description Codes, and Maximum Generator Nameplate Capacity. 
The EPA believes that the usefulness of the remaining data would not be 
significantly impacted by not collecting these data from the states.
    Note that three other data elements are proposed to be removed for 
all four emissions source types for the reasons described above in 
paragraph D, ``Removal of Requirements to Report Daily and Seasonal 
Emissions.'' These elements are: Summer Day Emissions, Ozone Season 
Emissions, and Winter Work Weekday emissions of CO. All of the data 
elements proposed to be removed from the required reporting lists may 
still be voluntarily reported to the EIS data system.

IV. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act

    The information collection requirements in this proposed amendment 
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. The 
information collection request (ICR) document prepared by EPA has been 
assigned EPA ICR number 2170.05.
    The information collection requirements in the proposed amendments 
are mandatory for all states and territories (excluding tribal 
governments). These requirements are authorized by CAA section 110(a). 
The reported emissions data are used by the EPA to develop and evaluate 
states, regional, and national control strategies; to assess and 
analyze trends in criteria pollutant emissions; to identify emission 
and control technology research priorities; and to assess the impact of 
new or modified sources within a geographic area. The emission 
inventory data are also used by states to develop, evaluate, and revise 
their SIP.
    The proposed amendments would reduce the information collection 
burden for each of the 104 respondents by about 91 labor hours per year 
from current levels. The annual average reporting burden for this 
collection (averaged over the first 3 years of this ICR) is estimated 
to decrease by a total of 9452 labor hours per year with a decrease in 
costs of $718,368. From the perspectives of the sources reporting to 
the states, the EPA does not believe that there will be any change in 
reporting burden resulting from these amendments because the same 
universe of sources will be required to report to the states. No 
capital/startup costs or operation and maintenance costs for monitoring 
equipment are attributable to the proposed amendments. The only costs 
associated with the proposed amendments are labor hours associated with 
collection, management, and reporting of the data through existing 
systems.
    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 in 40 CFR part 51 are listed in 40 CFR part 9.
    To comment on the agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including the use of automated collection 
techniques, the EPA has established a public docket for the proposed 
rule, which includes this

[[Page 37171]]

ICR, under Docket ID number OAR-2004-0489. Submit any comments related 
to the ICR for these proposed amendments to the EPA and OMB. See the 
ADDRESSES section at the beginning of this notice for where to submit 
comments to the EPA. Send comments to OMB at the Office of Information 
and Regulatory Affairs, Office of Management and Budget, 725 17th 
Street, NW., Washington, DC 20503, Attention: Desk Office for EPA. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after June 20, 2013, a comment to OMB is best assured of 
having its full effect if OMB receives it by July 22, 2013. The final 
amendments will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) 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 this rule on small 
entities, small entity is defined as (1) a small business as defined by 
the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (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.
    After considering the economic impacts of this rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed action will not impose any new requirements on small entities. 
This action primarily impacts state and local agencies and does not 
regulate small entities. The proposed amendments correct and clarify 
emissions reporting requirements and provide states with additional 
flexibility in how they collect and report their emissions data. We 
continue to be interested in the potential impacts of the proposed rule 
on small entities and welcome comments on issues related to such 
impacts.

D. Unfunded Mandates Reform Act

    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 1 year. No 
significant costs are attributable to the proposed amendments; in fact, 
the proposed amendments are estimated to decrease costs associated with 
emissions inventory reporting. Thus, the proposed amendments are not 
subject to the requirements of sections 202 and 205 of the UMRA. In 
addition, the proposed amendments do not significantly or uniquely 
affect small governments because they contain no requirements that 
apply to such governments or impose obligations upon them. Therefore, 
the proposed amendments are not subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. The proposed amendments correct and 
clarify emissions reporting requirements and provide states with 
additional flexibility in how they collect and report their emissions 
data. Thus, Executive Order 13132 does not apply to this action. In the 
spirit of Executive Order 13132, and consistent with the EPA policy to 
promote communications between the EPA and state and local governments, 
the EPA specifically solicits comment on this proposed rule from state 
and local officials.

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

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed 
rule imposes no requirements on tribal governments. The proposed 
amendments correct and clarify emissions reporting requirements and 
provide states with additional flexibility in how they collect and 
report their emissions data. Under the Tribal Authority Rule, tribes 
are not required to report their emissions to us. Thus, Executive Order 
13175 does not apply to this action. In the spirit of Executive Order 
13175, the EPA specifically solicits additional comment on this 
proposed action from tribal officials.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying only to those regulatory actions that concern health 
or safety risks, such that the analysis required under section 5-501 of 
the EO has the potential to influence the regulation. This action is 
not subject to Executive Order 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks.

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

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211, (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. Further, we have concluded that the 
proposed amendments are not likely to have any adverse energy effects 
since the proposed amendments correct and clarify emissions reporting 
requirements and provide states with additional flexibility in how they 
collect and report their emissions data.

I. National Technology Transfer and Advancement Act

    Section 112(d) of the National Technology Transfer Advancement Act 
of 1995 (NTTAA), Public Law 104-113; 15 U.S.C. 272 note) directs the 
EPA to use voluntary consensus standards in its regulatory activities 
and procurement 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 one or more voluntary consensus standards bodies. The NTTAA 
requires the EPA to provide Congress, through OMB, explanations when 
the agency decides not to use available and applicable voluntary 
consensus standards.
    The proposed rulemaking does not involve technical standards. 
Therefore, the EPA is not considering the use of any voluntary 
consensus standards.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental

[[Page 37172]]

justice. Its main provision directs federal agencies, to the greatest 
extent practicable and permitted by law, to make environmental justice 
part of their mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States.
    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action establishes information reporting procedures 
for emissions of criteria air pollutants from stationary and mobile 
source but does not affect the quantities of the pollutants emitted.

List of Subjects in 40 CFR Part 51

    Environmental Protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Nitrogen oxides, 
Ozone, Particulate matter, Regional haze, Reporting and record keeping 
requirements, Sulfur dioxide.

    Dated: June 6, 2013.
Bob Perciasepe,
Acting Administrator.

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

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

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

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


Sec.  51.10  [Removed and reserved]

0
2. Remove and reserve Sec.  51.10.
0
3. Amend Sec.  51.15 by:
0
a. Revising paragraphs (a)(2) and (a)(3);
0
b. Removing paragraphs (a)(4) and (a)(5);
0
c. Revising paragraphs (b)(2), (b)(3), and (b)(4);
0
d. Revising the first sentence in paragraphs (c) and (d); and
0
e. Removing paragraph (e).
    The revisions read as follows:


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

    (a) * * *
    (2) A state may, at its option, choose to report NOX and 
VOC summer day emissions as required under the Ozone Implementation 
Rule or report CO winter work weekday emissions for CO nonattainment 
areas or CO attainment areas with maintenance plans to the Emission 
Inventory System (EIS) using the data elements described in this 
subpart.
    (3) A state may, at its option, include estimates of emissions for 
additional pollutants (such as hazardous air pollutants) in its 
emission inventory reports.
    (b) * * *
    (2) Nonpoint. States may choose to meet the requirements for some 
of their nonpoint sources by accepting the EPA's estimates for the 
sources for which the EPA makes calculations. In such instances, states 
are encouraged to review and update the activity values or other 
calculational inputs used by the EPA for these sources.
    (3) Onroad and Nonroad mobile. Emissions for onroad and nonroad 
mobile sources must be reported as inputs to the latest EPA-required 
mobile emissions models, such as the Motor Vehicle Emissions Simulator 
(MOVES) for onroad sources or the National Mobile Inventory Model 
(NMIM) for nonroad sources. States may report, at their discretion, 
emissions computed from these models in addition to the model inputs. 
In lieu of submitting model inputs, California must submit resultant 
emission values from its EPA-approved models and tribes must submit 
resultant emissions values from the latest EPA-required mobile 
emissions models. In lieu of submitting any data, states may accept 
existing EPA emission estimates.
    (4) Emissions for wild and prescribed fires are not required to be 
reported by states. If states wish to optionally report these sources, 
they must be reported to the events data category. This data category 
is a day-specific accounting of these large-scale but usually short 
duration emissions. Submissions must include both daily emissions 
estimates as well as daily acres burned values. In lieu of submitting 
this information, states may accept the EPA estimates or they may 
submit inputs to EPA's estimation approach.
    (c) * * * You must report the data elements in Tables 2a and 2b in 
Appendix A of this subpart. * * *
    (d) * * * We do not consider the data in Tables 2a and 2b in 
Appendix A of this subpart confidential, but some states limit release 
of this type of data. * * *
0
4. Amend Sec.  51.20 by revising paragraphs (b) and (d) to read as 
follows:


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

* * * * *
    (b) Sources that meet the definition of point source in this 
subpart must be reported as point sources. All pollutants specified in 
Sec.  51.15(a) must be reported for point sources, not just the 
pollutant(s) that qualify the source as a point source.
* * * * *
    (d) All stationary source emissions that are not reported as point 
sources must be reported as nonpoint sources. Episodic wind-generated 
particulate matter (PM) emissions from sources that are not major 
sources may be excluded, for example dust lifted by high winds from 
natural or tilled soil. Emissions of nonpoint sources should be 
aggregated to the resolution required by the EIS as described in the 
current National Emission Inventory (NEI) inventory year plan posted at 
http://www.epa.gov/ttn/chief/eiinformation.html. In most cases, this is 
county level and must be separated and identified by source 
classification code (SCC). Nonpoint source categories or emission 
events reasonably estimated by the state to represent a de minimis 
percentage of total county and state emissions of a given pollutant may 
be omitted.
    (1) The reporting of wild and prescribed fires is encouraged but 
not required and should be done via only the ``Events'' data category.
    (2) Agricultural fires (also referred to as crop residue burning) 
must be reported to the nonpoint data category.
0
5. Section 51.30 is revised to read as follows:


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

    All states are required to report two basic types of emission 
inventories to the EPA: an every-year inventory; and a triennial 
inventory.
    (a) Every-year inventory. See Tables 2a and 2b of Appendix A of 
this subpart for the specific data elements to report every year.
    (1) All states are required to report every year the annual (12-
month) emissions of all pollutants listed in Sec.  51.15(a)(1) from 
Type A (large) point sources, as defined in Table of Appendix A of this 
subpart. The first every-year cycle inventory will be for the 2009 
inventory year and must be submitted to the EPA within 12 months, i.e., 
by December 31, 2010.
    (2) In inventory years that fall under the triennial inventory 
requirements,

[[Page 37173]]

the reporting required by the triennial inventory satisfies the every-
year reporting requirements of paragraph (a) of this section.
    (b) Triennial inventory. See Tables 2a and 2b to Appendix A of 
subpart A for the specific data elements that must be reported for the 
triennial inventories.
    (1) All states are required to report for every third inventory 
year the annual (12-month) emissions of all pollutants listed in Sec.  
51.15(a)(1) from all point sources and nonpoint sources, as well as 
model inputs for onroad mobile sources and nonroad mobile sources. The 
first triennial inventory will be for the 2011 inventory and must be 
submitted to the EPA within 12 months, i.e., by December 31, 2012. 
Subsequent triennial inventories (2011, 2014, etc) will be due 12 
months after the end of the inventory year, i.e., by December 31 of the 
following year.
    (2) Any state with an area for which the EPA has made an 8-hour 
ozone nonattainment designation finding (regardless of whether that 
finding has reached its effective date) may choose to report summer day 
emissions of VOC and NOX from all point sources, nonpoint 
sources, onroad mobile sources, and nonroad mobile sources to the EIS 
using the data elements described in this subpart.
    (3) States with CO nonattainment areas and states with CO 
attainment areas subject to maintenance plans may choose to report 
winter work weekday emissions of CO to the EIS using the data elements 
described in this subpart.
0
6. Section 51.35 is revised to read as follows:


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

    (a) Compiling a triennial inventory means more effort every three 
years. As an option, your state may ease this workload spike by using 
the following approach:
    (1) Each year, collect and report data for all Type A (large) point 
sources (this is required for all Type A point sources).
    (2) Each year, collect data for one-third of your sources that are 
not Type A point sources. Collect data for a different third of these 
sources each year so that data has been collected for all of the 
sources that are not Type A point sources by the end of each three-year 
cycle. You must save three years of data and then report all emissions 
from the sources that are not Type A point sources on the triennial 
inventory due date.
    (3) Each year, collect data for one-third of the nonpoint, nonroad 
mobile, and onroad mobile sources. You must save 3 years of data for 
each such source and then report all of these data on the triennial 
inventory due date.
    (b) For the sources described in paragraph (a) of this section, 
your state will have data from 3 successive years at any given time, 
rather than from the single year in which it is compiled.
    (c) If your state chooses the method of inventorying one-third of 
your sources that are not Type A point sources and triennial inventory 
nonpoint, nonroad mobile, and onroad mobile sources each year, your 
state must compile each year of the three-year period identically. For 
example, if a process has not changed for a source category or 
individual plant, your state must use the same emission factors to 
calculate emissions for each year of the three-year period. If your 
state has revised emission factors during the three years for a process 
that has not changed, you must compute previous years' data using the 
revised factor. If your state uses models to estimate emissions, you 
must make sure that the model is the same for all 3 years.
0
7. Section 51.40 is revised to read as follows:


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

    You must report your emission inventory data to us in electronic 
form. We support specific electronic data reporting formats, and you 
are required to report your data in a format consistent with these. The 
term format encompasses the definition of one or more specific data 
fields for each of the data elements listed in Tables 2a and 2b in 
Appendix A of this subpart; allowed code values for certain data 
fields; transmittal information; and data table relational structure. 
Because electronic reporting technology may change, contact the EPA 
Emission Inventory and Analysis Group (EIAG) for the latest specific 
formats. You can find information on the current formats at the 
following Internet address: http://www.epa.gov/ttn/chief/eis/2011nei/xml_data_eis.pdf. You may also call the air emissions contact in your 
EPA Regional Office or our Info CHIEF help desk at (919) 541-1000 or 
send email to [email protected].
0
8. Section 51.50 is revised to read as follows:


Sec.  51.50  What definitions apply to this subpart?

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

[[Page 37174]]

    Nitrogen oxides (NOX) means nitrogen oxides 
(NOX) as defined in 40 CFR 60.2 as all oxides of nitrogen 
except N2O. Nitrogen oxides should be reported on an 
equivalent molecular weight basis as nitrogen dioxide (NO2).
    Nonpoint sources collectively represent individual sources that 
have not been inventoried as specific point or mobile sources. These 
individual sources treated collectively as nonpoint sources are 
typically too small, numerous, or difficult to inventory using the 
methods for the other classes of sources.
    Particulate matter (PM) is a criteria air pollutant. For the 
purpose of this subpart, the following definitions apply:
    (1) Filterable PM2.5 or Filterable PM10: Particles that are 
directly emitted by a source as a solid or liquid at stack or release 
conditions and captured on the filter of a stack test train. Filterable 
PM2.5 is particulate matter with an aerodynamic diameter 
equal to or less than 2.5 micrometers. Filterable PM10 is 
particulate matter with an aerodynamic diameter equal to or less than 
10 micrometers.
    (2) Condensable PM: Material that is vapor phase at stack 
conditions, but which condenses and/or reacts upon cooling and dilution 
in the ambient air to form solid or liquid PM immediately after 
discharge from the stack. Note that all condensable PM, if present from 
a source, is typically in the PM2.5 size fraction and, 
therefore, all of it is a component of both primary PM2.5 
and primary PM10.
    (3) Primary PM2.5: The sum of filterable PM2.5 and 
condensable PM.
    (4) Primary PM10: The sum of filterable PM10 and 
condensable PM.
    (5) Secondary PM: Particles that form or grow in mass through 
chemical reactions in the ambient air well after dilution and 
condensation have occurred. Secondary PM is usually formed at some 
distance downwind from the source. Secondary PM should not be reported 
in the emission inventory and is not covered by this subpart.
    Percent control approach capture efficiency means the percentage of 
an exhaust gas stream actually collected for routing to a set of 
control devices.
    Percent control approach effectiveness means the percentage of time 
or activity throughput that a control approach is operating as 
designed, including the capture and reduction devices. This percentage 
accounts for the fact that controls typically are not 100 percent 
effective because of equipment downtime, upsets and decreases in 
control efficiencies.
    Percent control approach penetration means the percentage of a 
nonpoint source category activity that is covered by the reported 
control measures.
    Percent control measures reduction efficiency means the net 
emission reduction efficiency across all emissions control devices. It 
does not account for capture device efficiencies.
    Physical address means the location address (street address or 
other physical location description), locality name, state, and postal 
zip code of a facility. This is the physical location where the 
emissions occur; not the corporate headquarters or a mailing address.
    Point source means large, stationary (non mobile), identifiable 
sources of emissions that release pollutants into the atmosphere. A 
point source is a facility that is a major source under 40 CFR part 70 
for one or more of the pollutants for which reporting is required by 
Sec.  51.15(a)(1). This does not include the emissions of hazardous air 
pollutants, which are not considered in determining whether a source is 
a point source under this subpart. The minimum point source reporting 
thresholds are shown in Table 1 of Appendix A.
    Pollutant code means a unique code for each reported pollutant 
assigned by the reporting format specified by the EPA for each 
inventory year.
    Release point apportionment percent means the average percentage(s) 
of an emissions exhaust stream directed to a given release point.
    Release point exit gas flow rate means the numeric value of the 
flow rate of a stack gas.
    Release point exit gas temperature means the numeric value of the 
temperature of an exit gas stream in degrees Fahrenheit.
    Release point exit gas velocity means the numeric value of the 
velocity of an exit gas stream.
    Release point identifier means a unique code for the point where 
emissions from one or more processes release into the atmosphere.
    Release point stack diameter means the inner physical diameter of a 
stack.
    Release point stack height means physical height of a stack above 
the surrounding terrain.
    Release point type code means the code for physical configuration 
of the release point.
    Reporting period type means the code describing the time period 
covered by the emissions reported, i.e., Annual, 5-month ozone season, 
summer day, or winter.
    State and county FIPS code means the system of unique identifiers 
in the Federal Information Placement System (FIPS) used to identify 
states, counties and parishes for the entire United States, Puerto 
Rico, and Guam.
    Source classification code (SCC) means a process-level code that 
describes the equipment and/or operation which is emitting pollutants.
    Throughput means a measurable factor or parameter that relates 
directly or indirectly to the emissions of an air pollution source 
during the period for which emissions are reported. Depending on the 
type of source category, activity information may refer to the amount 
of fuel combusted, raw material processed, product manufactured, or 
material handled or processed. It may also refer to population, 
employment, or number of units. Activity throughput is typically the 
value that is multiplied against an emission factor to generate an 
emissions estimate.
    Type A source means large point sources with a potential to emit 
greater than or equal to any of the thresholds listed in Table 1 of 
Appendix A of this subpart. If a source is a Type A source for any 
pollutant listed in Table 1, then the emissions for all pollutants 
required by Sec.  51.15 must be reported for that source.
    Unit design capacity means a measure of the size of a point source, 
based on the reported maximum continuous throughput or output capacity 
of the unit.
    Unit identifier means a unique code for the unit that generates 
emissions, typically a physical piece of equipment or a closely related 
set of equipment.
    VOC means volatile organic compounds. The EPA's regulatory 
definition of VOC is in 40 CFR 51.100.
0
9. Revise Table 1 to Appendix A of subpart A to read as follows:

[[Page 37175]]



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

0
10. Revise Table 2a to Appendix A of Subpart A to read as follows:

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

0
11. Table 2b to Appendix A of Subpart A is revised to read as follows:

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

[[Page 37176]]

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

0
12. Amend Sec.  51.122 by:
0
a. Revising paragraph (c);
0
b. Removing and reserving paragraph (d); and
0
c. Revising paragraph (f).
    The revisions read as follows:


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

* * * * *
    (c) Each revision must provide for periodic reporting by the state 
of NOX emissions data to demonstrate whether the state's 
emissions are consistent with the projections contained in its approved 
SIP submission. The data availability requirements in Sec.  51.116 must 
be followed for all data submitted to meet the requirements of 
paragraph (c) of this section.
* * * * *
    (f) Reporting schedules. Data collection is to begin during the 
ozone season 1 year prior to the state's NOX SIP Call 
compliance date.

[FR Doc. 2013-14628 Filed 6-19-13; 8:45 am]
BILLING CODE 6560-50-P