[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Rules and Regulations]
[Pages 8787-8799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03470]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2004-0489; FRL-9922-27-OAR]
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.
ACTION: Final rule.
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SUMMARY: This action finalizes changes to the Environmental Protection
Agency's (EPA) emissions inventory reporting requirements. This action
lowers the threshold for reporting lead (Pb) emissions sources as point
sources, eliminates the requirement for reporting emissions from
wildfires and prescribed fires, and replaces a requirement for
reporting mobile source emissions with a requirement for reporting the
input parameters that can be used to run the EPA models that generate
emissions estimates. This action also reduces the reporting burden on
state, local, and tribal agencies by removing the requirements to
report daily and seasonal emissions in their submissions under this
rule, while clarifying the requirement to report these emissions under
pollutant-specific regulations. Lastly, this action modifies some
emissions reporting requirements which we believe are not necessary for
inclusion in the Air Emissions Reporting Requirements (AERR) rule or
[[Page 8788]]
are not clearly aligned with current inventory terminology and
practices.
DATES: This final rule is effective on February 19, 2015.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2004-0489. All documents in the docket are
listed on the http://www.regulations.gov Web site. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the Air Emissions
Reporting Requirements Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Ron Ryan, Office of Air Quality
Planning and Standards, Air Quality Assessment Division, Emissions
Inventory and Analysis Group (C339-02), U.S. Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
4330; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. Judicial Review
II. Background
III. Summary of Revisions
A. Lower Point Source Threshold for Pb 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. Response to Comments
A. Lower Point Source Threshold for Pb Emitters
B. Elimination of Reporting for Wildfires and Prescribed Fires
and Clarification for Reporting Agricultural Fires
C. Reporting Emission Model Inputs for Onroad Sources
D. Reporting Emission Model Inputs for Nonroad Sources
E. Removal of Requirements To Report Daily and Seasonal
Emissions
F. Revisions To Simplify Reporting and Provide Consistency With
EIS
V. 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 (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children 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
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
Categories and entities potentially regulated by this action
include:
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CAICS
Category code \a\ Examples of regulated 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.
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\a\ North American Industry Classification System.
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 and use of the term State Implementation Plan(s)
or SIP(s) shall include that TIP.
Likewise, to the extent that air quality requirements are
addressed by a local air agency instead of a state air agency and
that local air agency is subject to the AERR under its SIP, the use
of the term state(s) in the AERR shall include that local air
agency.
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B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this final rule will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of this final rule will be posted on
the TTN's policy and guidance page for promulgated rules at the
following address: http://www.epa.gov/ttn/chief/. The TTN provides
information and technology exchange in various areas of air pollution
control. If more information regarding the TTN is needed, call the TTN
HELP Line at (919) 541-4814.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available by filing a petition for review in the
U.S. Court of Appeals for the District of Columbia Circuit by April 20,
2015. Under section 307(d)(7)(B) of the CAA, only an objection to this
final rule that was raised with reasonable specificity during the
period for public comment can be raised during judicial review.
[[Page 8789]]
Moreover, under section 307(b)(2) of the CAA, the requirements
established by this action may not be challenged separately in any
civil or criminal proceedings brought by the EPA to enforce these
requirements.
II. Background
The EPA proposed amendments to the AERR on June 20, 2013 (78 FR
37164). In today's action, the EPA is amending the emissions inventory
reporting requirements in 40 CFR part 51, subpart A, and in 40 CFR
51.122. This action aligns the point source reporting threshold for Pb
emissions sources in the AERR with the National Ambient Air Quality
Standard (NAAQS) for Lead (73 FR 66964, November 12, 2008) and the
associated Revisions to Lead Ambient Air Monitoring Requirements (75 FR
81126, December 27, 2010). These amendments further improve the rule to
both reduce burden on air agencies as well as make minor technical
corrections that reflect what has been put into practice through
existing electronic reporting implementation.
Emissions inventories are critical for the efforts of state and
federal agencies to attain and maintain the NAAQS for criteria
pollutants, such as ozone, particulate matter (PM) and carbon monoxide
(CO). To assist these efforts, the EPA initiated an effort in the early
1990's to develop a central repository of inventory data for all states
that is now known as the National Emissions Inventory (NEI). Emissions
inventory data reported electronically under this rule are stored in
the Emissions Inventory System (EIS) database and are used by the EPA
and by states for air quality modeling, tracking progress in meeting
CAA requirements, setting policy, and answering questions from the
public. States often use the NEI as a starting point in developing
emission inventories for support of state implementation plans (SIPs).
Pursuant to its authority under sections 110 and 172 of the CAA,
the EPA has required SIPs to include inventories containing information
regarding criteria pollutant emissions and their precursors (e.g.,
volatile organic compounds (VOC)). The EPA codified these inventory
requirements in subpart Q of 40 CFR part 51 in 1979 and amended them in
1987.
The 1990 Amendments to the CAA revised many of the CAA provisions
related to the attainment of the NAAQS and the protection of visibility
in Class I areas. These revisions established new periodic emission
inventory requirements applicable to certain areas that were designated
nonattainment for certain pollutants. For example, section 182(a)(3)(A)
required states to submit an emission inventory every 3 years for
Moderate ozone nonattainment areas beginning in 1993. Similarly,
section 187(a)(5) required states to submit an inventory every 3 years
for Moderate CO nonattainment areas.
Prior regulations supporting the annual reporting needed for the
NEI included the Consolidated Emissions Reporting Rule (CERR), which
was promulgated by EPA in 2002, and codified in 40 CFR part 51, subpart
A. These requirements replaced the requirements previously contained in
subpart Q of 40 CFR part 51, expanding their geographic and pollutant
coverages, while simplifying them in other ways. The CERR was the
precursor to the AERR. The original AERR was promulgated in 2008 with
the intent of streamlining various reporting requirements including
those of section 182(a)(3)(A) for ozone nonattainment areas and section
187(a)(5) for CO nonattainment areas, those under the NOX
SIP Call (40 CFR 51.122), and the annual reporting requirements of the
CERR.
III. Summary of Revisions
This action lowers the threshold for reporting Pb emissions sources
as point sources, eliminates the requirement for reporting emissions
from wildfires and prescribed fires, and replaces a requirement for
reporting mobile source emissions with a requirement for reporting the
input parameters that can be used to run the EPA models that generate
mobile source emissions estimates. This action also reduces the
reporting burden on state, local, and tribal agencies by removing the
requirements to report daily and seasonal emissions as part of their
AERR submissions, while clarifying the requirement to report these
emissions under pollutant-specific regulations (i.e., the
NOX SIP Call, the Ozone Implementation Rule, and relevant CO
maintenance plans). This action also modifies some emissions reporting
requirements which we believe are not necessary or are not clearly
aligned with current inventory terminology and practices.
A. Lower Point Source Threshold for Pb Emitters
With this action, the EPA is lowering the point source threshold
for Pb emissions to 0.5 tons per year (tpy) of actual emissions. The
purpose of this change is to match requirements of the Pb Ambient Air
Monitoring Requirements rule (75 FR 81126), which required monitoring
agencies to install and operate source-oriented ambient monitors near
Pb sources emitting 0.50 tpy or more by December 27, 2011. The EPA
considers that the ambient monitoring rule threshold is 0.5 tons of
actual emissions, therefore, this criterion is based on actual
emissions rather than the potential-to-emit approach taken for other
criteria pollutant and precursor thresholds. All criteria pollutants
and precursors will continue to be required to be reported for any
source meeting this new threshold for Pb.
B. Elimination of Reporting for Wildfires and Prescribed Fires and
Clarification for Reporting Agricultural Fires
With this action, the EPA is removing the requirement for reporting
emissions for wildfire and prescribed fires. States may report these
emissions voluntarily as event sources in the EIS, but states no longer
have the option of reporting these emissions as nonpoint (countywide)
sources. The EPA already provides nationwide estimates for wildfires
and prescribed fires using information it has, so requiring states to
also report these data is not necessary. States are encouraged to
review and comment on the EPA's estimates, or to report their own
estimates if they so choose.
This action also clarifies that agricultural fires continue to be
required to be reported, and that these sources must be reported as
nonpoint sources. Agricultural fires cannot be reported as point
sources or as event sources.
C. Reporting Emission Model Inputs for Onroad and Nonroad Sources
With this action, the EPA is finalizing its proposal that states
will no longer be required to submit mobile source emission estimates,
but instead will submit the inputs for emissions models of onroad and
nonroad mobile sources. This change applies to all states except
California. Because California uses other models to reflect their
additional regulatory requirements not reflected by the EPA models,
California is required to report emissions values. The EPA models in
use at the time of this action are the Motor Vehicle Emissions
Simulator (MOVES) and the nonroad equipment model called NONROAD. The
change to require model inputs from all states except California allows
the EPA to use these data to run the latest version of the applicable
models, even if those versions have been finalized after the model
input data were collected. It also allows the EPA to generate
consistent base year and future year emissions estimates, which the EPA
needs to accurately assess benefits for new regulations and to make
other
[[Page 8790]]
regulatory decisions that use air quality modeling. In addition, this
action makes voluntary the reporting of emissions values for onroad and
nonroad mobile sources for all states except California.
D. Removal of Requirements To Report Daily and Seasonal Emissions
With this action, the EPA is removing the requirements from the
AERR that states report daily and seasonal emissions, while still
permitting states to submit such data voluntarily to the EIS. States
may still elect to meet the emissions reporting requirements of the
NOX SIP Call (40 CFR 51.122), the Ozone Implementation Rule
(40 CFR part 51, subpart X), or the CO reporting required by the
relevant CO maintenance plans through the AERR, but they are no longer
required to do so. Each of these three underlying provisions already
requires states to show and track consistency with the emissions
projections contained in the approved SIP submissions, which can
include daily or seasonal data, and also contains requirements for
public review of SIP revisions. The EPA has eliminated a requirement in
the AERR that, given specific public review and documentation
requirements of those rules, made compliance with those rules through
AERR submissions difficult. Thus, in implementing this change, the EPA
is reducing burden for states that were having difficulty meeting both
those SIP requirements and the previous additional AERR requirements,
which were intended to meet the SIP requirements, but did not do so in
all cases. States may continue to meet these SIP requirements
separately or use the AERR submission to do so, as long as the AERR
submission can meet these SIP requirements.
However, as explained more fully below, in light of comments
received, we have determined that additional changes to some of the
underlying SIP implementation provisions are necessary to ensure that
the requirement to report the necessary daily and seasonal emissions is
included in those underlying rules. Specifically, while the final AERR
revision rule removes ozone season emissions and summer day emissions
definitions and associated reporting requirements from the AERR
provisions in 40 CFR Subpart A, we are also finalizing changes that
will move the relevant definitions and reporting requirement for summer
day emissions to the ozone reporting requirements in the Ozone
Implementation Rule (40 CFR 51.900 (definitions) and 51.915 (inventory
requirements)) and for ozone season emissions and summer day emissions
to the NOX SIP Call reporting requirements in 40 CFR 51.122.
E. Revisions To Simplify Reporting and Provide Consistency With EIS
The previous version of the AERR was finalized prior to the EPA
finalizing the design details of the EIS data system that is used to
collect and store the required data. With this action, the EPA is
changing the tables of pollutants and data elements included in
Appendix A to be consistent with the EIS through removals, name
changes, and additions. Overall, these changes reduce burden for
states, though, as noted below in the summary of EPA's responses to
comments on the proposed rule (which is based on the comprehensive
Response to Comments document that is available in the docket for this
rule), some changes may add a small amount of additional burden for
some states.
1. Revised Formats for Appendix A Tables
The EIS data system was designed such that data elements that had
not changed from one reporting period to the next did not need to be
re-submitted, and only data elements that changed needed to 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, Table 1 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
40 CFR 51.15.
Table 2a has been revised to include only the point source facility
inventory data elements that are required to be in EIS, without regard
to either the every-year or every third year reporting cycles, since
these elements need only be reported for any new point source or when
any change occurs at an existing point source. The emissions data
element requirements for point sources from Table 2a have been combined
with the emissions requirements for the other three emissions source
types in Table 2b. These changes have allowed the information
previously contained in Table 2c to move to Table 2b and for Table 2c
to be eliminated. 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 revisions, Table 1 now describes all of
the necessary distinctions.
2. Addition of New Facility Inventory Elements
This action adds Facility Site Status, Release Point Status, and
Unit Status data elements to the Facility Inventory data elements
listed in Table 2a, along with the year in which any of these three
data elements change from one status to another. The operating status
is used by the states to indicate whether emissions reports should
continue to be expected for a facility, emissions unit, or a release
point, or the reason why emissions will not be reported after the year
indicated.
We are also adding Aircraft Engine Type, Unit Type, and Release
Point Apportionment Percent to Table 2a. The addition of Aircraft
Engine Type is to support the EPA's interest in the EPA's calculating
and using point source emissions from aircraft at airports. This change
does not imply a requirement for states to submit aircraft as point
sources. The EPA provides landing and takeoff data for state review and
encourages the states to review and update those data in support of
EPA's calculation of aircraft emissions. Such review would meet the
states' reporting obligation for aircraft emissions. However, the
states' requirement can also be met by submitting aircraft emissions as
nonpoint sources. If states choose to submit their own point source
estimates, this change means they would have to provide the Aircraft
Engine Type code and the source classification code (SCC) to completely
specify the emitting process.
Unit Type is being added to more easily and explicitly identify the
type of emission unit producing the emissions than can be inferred from
the SCC alone. To reduce burden associated with this new field, we have
also limited the existing requirement for reporting the Unit Design
Capacity for all units to only reporting capacities for a limited
number of key unit types (e.g., boilers). The Unit Type data element is
necessary for the EIS data system to be able to confirm the presence of
a value for the Unit Design Capacity element, since the Unit Design
Capacity element is required only for certain Unit Types (e.g.,
boilers).
[[Page 8791]]
The Release Point Apportionment Percent is being added to
officially implement a feature added to the EIS at the request of some
state data reporters. This data element allows states to split the
emissions from a single emission process to multiple release points by
reporting the percentage of emissions going to each release point.
3. Addition of New Emissions Elements
This action adds five new data elements to Table 2b, of which four
are minor extensions or clarifications of existing requirements
necessary to avoid ambiguity in the EIS data system. The EPA believes
that these new items will not add a significant new information
collection burden. As described in the response to comments summary
below and the comprehensive Response to Comments document that is
available in the docket for this rule, the EPA provides options to
states to greatly reduce any burden for these additional data elements.
The four data elements are: Shape Identifiers, Emission Type, Reporting
Period Type, and Emission Operating Type.
Shape Identifiers are a more detailed method of identifying the
geographic area for which emissions are being reported for nonpoint
sources, instead of using the entire county. The EPA believes that they
are needed for a small number of nonpoint source types, such as rail
lines, ports, and underway vessels, which occur only in a small and
identifiable portion of a full county. Although states are still
required to report emissions for these sources, this action also adds
an option for states to meet the reporting requirement by accepting the
EPA's estimates for the sources for which the EPA makes calculations.
For the nonpoint sources needing the more geographically-detailed
emissions with Shape Identifiers, the EPA provides tables describing
the geographic entities and their Shape Identifiers and has emissions
estimates for each of the entities. If states choose to submit their
own estimates, they must now provide the extra geographic detail
described by the Shape Identifiers.
Emission Type is a code that is a further level of detail of the
existing required element SCC, which describes the emitting processes.
We have also revised the definition of this term in 40 CFR 51.50, since
the previous definition erroneously described the Reporting Period Type
and not the Emission Type.
Reporting Period Type is a code that identifies whether the
emissions being reported are an annual total or one of the seasonal or
daily type emissions that we are proposing to make optional, although
reporting of such emissions may still be required as part of the
state's implementation of a NAAQS. This addition replaces the erroneous
use of the name ``Emission Type'' to describe this data element in the
previous version of the AERR, as described above. The Reporting Period
Type is necessary for states to distinguish the required annual
emissions from the optional sub-annual emissions.
Emission Operating Type is a data element for point sources that
indicates whether the emissions are associated with routine operations,
or a shutdown, startup, or upset. It is necessary for the data system
to distinguish between the minimally required routine emissions and the
other optional operating types that the EIS can also accept.
This action also adds the Emissions Calculation Method as an
additional fifth data element to the Table 2b emissions requirements.
This element is required for point and nonpoint sources. It is a code
that indicates how each emissions value was estimated or determined
(e.g., by continuous emissions monitor, by a stack test, or by an
average emission factor). The EPA has determined that this element is
needed to evaluate the adequacy of any emissions value for the stated
purposes of the NEI and to allow the EPA to select the most reliable
emissions value where more than one is available. State reporters
should have this value easily available to them because they are
selecting the calculation method, so adding it to their electronic
submittals should cause only a minimal amount of added burden.
4. Clarification of Element Names and Usage for Controls
This action revises the data element names and clarifies the usage
conventions for four data elements related to emissions control devices
for the point source facility inventory elements. The single Percent
Control Approach Capture Efficiency and a Percent Control Measures
Reduction Efficiency for each pollutant are now required, where
controls exist. These elements replace the previously required Primary
Capture and Control Efficiency and Total Capture and Control Efficiency
elements. The Percent Control Approach Capture Efficiency is now
reported once as a stand-alone element, rather than being combined with
each pollutant's Reduction Efficiency. This change reflects how the EIS
data system addresses the situation and we believe it is a more
practical and reasonable approach, since it allows states to report the
individual reduction efficiencies as separate data elements rather than
reporting only combined values that are computed from the separate
reduction efficiencies.
In addition, this action adds a new Control Pollutant data element,
which allows states to indicate the pollutant for which the Control
Measure Reduction Efficiency is provided. This action also revises the
names of previously required point source elements. Control Device Type
and Rule Effectiveness have been renamed to Control Measure and Percent
Control Approach Effectiveness, respectively.
This action also finalizes similar terminology and usage
conventions for the nonpoint sources emission control data elements.
Consistent with point sources, Control Measure and Control Pollutant
are now also required for nonpoint sources. Finally, the former
nonpoint data element Total Capture and Control Efficiency is now
renamed to Percent Control Measures Reduction Efficiency, and Rule
Effectiveness is renamed Percent Control Approach Effectiveness,
consistent with the point source names.
5. Revisions to Other Facility Inventory Element Names
This action finalizes revisions to some of the terms in the point
source facility inventory Table 2a to clarify their meaning and promote
consistency with the EIS data system names. We are renaming the element
FIPs Code to State and County FIPs Code and are permitting a Tribal
Code element to be reported rather than the State and County FIPs Code
when applicable. For each of the five existing stack and exit gas data
elements, we are adding ``Release Point'' to the names to be consistent
with EIS names. We are adding five Unit of Measure data elements, one
for each of the existing numerical stack and exit gas data elements, in
order to formalize the only reasonable interpretation of the prior rule
requirements. The rule now requires reporting of the units of measure
along with the numerical values. In addition, the Emission Type data
element in the prior rule's Table 2a is now renamed Emission Operating
Type and is now moved to Table 2b since it describes the emissions
reported, not the facility. This action also clarifies that the
requirement for Physical Address is implemented in the EIS data system
through the use of four separate data elements: Location Address,
Locality Name, State Code, and Postal Code.
[[Page 8792]]
6. Revisions To Simplify Reporting and Reduce Burden
This action revises some data elements in the point source facility
inventory in Table 2a to simplify reporting and reduce burden. Either
the Exit Gas Velocity or Exit Gas Flow Rate is now 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. This
action now requires the X Facility Coordinate (longitude) and the Y
Facility Coordinate (latitude) rather than the previous requirement for
X Stack Coordinate (longitude) and Y Stack Coordinate (latitude).
Burden is reduced by requiring only a single facility location rather
than locations for each stack or release point. It has been the EPA's
experience that most states do not have accurate location values for
each individual release point within a facility; instead they
frequently report the same locations for all stacks within a facility.
Furthermore, the vast majority of facilities are geographically small
enough that such a simplification does not reduce the usefulness of the
data for most inventory purposes. Although we are finalizing the
requirement that only facility locations need to be reported, we
encourage states voluntarily to report stack locations where those data
are available. The EPA may also add individual stack locations where
the agency believes it has accurate data (e.g., when provided in
Information Collection Requests).
Lastly, to reduce burden, this action eliminates the requirement to
report several data elements: Inventory Start Date and End Date;
Contact Name and Phone Number; and the four seasonal throughput
percents. States may optionally report this information. In addition,
for the point, nonpoint, and nonroad source types, we have removed the
requirement to report three operating schedule elements: Hours per Day,
Days per Week, and Weeks per Year. Also for the point source type, we
have removed the requirement to report the following data elements:
Heat Content, Ash Content, Sulfur Content, Method Accuracy Description
Codes, and Maximum Generator Nameplate Capacity. The EPA believes that
the usefulness of the remaining data is not significantly impacted by
not collecting these data from the states, but we note that states
still have the option to report them if those data are available.
Three additional data elements are now voluntary rather than
required under the AERR for all four emissions source types, for the
reasons described in section D above: Summer Day Emissions, Ozone
Season Emissions, and Winter Work Weekday Emissions. However, all of
the data elements that are no longer required to be reported under the
AERR may still be voluntarily reported to the EIS data system.
IV. Response to Comments
In response to our notice of proposed rulemaking, we received
comments from 11 commenters: 10 state agencies and one corporation. The
EPA carefully considered all comments in developing the final
amendments. The EPA has provided a comprehensive Response to Comments
document that is available in the docket for this rule. This section
provides a high-level summary of significant comments and the EPA's
responses to those comments.
A. Lower Point Source Threshold for Pb Emitters
We proposed to change the reporting threshold for point sources of
Pb from 5 tpy to 0.5 tpy of Pb potential emissions. The EPA received
comments supporting the proposal, as well as comments recommending
alternative approaches. Some comments requested that the EPA consider
that the ambient monitoring rule threshold is 0.5 tons of actual
emissions, and thus the goal of aligning with that rule would be better
met using a 0.5 tpy threshold for actual emissions rather than
potential emissions. After considering all comments, the EPA is
finalizing a 0.5 tpy of actual emissions threshold for reporting Pb
emissions as point sources to better reflect available state emissions
inventories.
B. Elimination of Reporting for Wildfires and Prescribed Fires and
Clarification for Reporting Agricultural Fires
The EPA proposed to eliminate the requirement for reporting
emissions from wildfires and prescribed fires, to eliminate the
reporting of these sources as nonpoint sources, and to clarify that
agricultural fires must be reported as nonpoint sources. These proposed
changes would reduce the reporting burden for states, because the EPA
already calculates emissions from these sources, using national,
satellite-based methods. Seven commenters supported the proposed
elimination of the requirement to report emissions from wildfires and
prescribed fires. One of these commenters further requested that the
EPA retain the option for states to submit their fire emissions.
Another commenter recommended that prescribed fires be allowed to be
reported to the nonpoint data category. The EPA agrees that states
should have the option of reporting fire emissions and the proposal
allowed for that possibility. We do not believe that allowing both
event-based and nonpoint reporting for prescribed fires is a viable
approach, because such an approach would increase complexity of the
inventory process by requiring the EPA to prevent double-counting
across event-based and nonpoint-based submissions. After consideration
of the comments, the EPA is finalizing this section of the rule as
proposed.
C. Reporting Emission Model Inputs for Onroad Sources
We proposed to require model inputs from all states (except
California) for the onroad mobile sources model MOVES, rather than
require emissions values, and to permit the optional additional
reporting of emissions values. Six commenters supported this approach.
One state objected to the requirement for inputs for MOVES, noting that
its approaches to modeling onroad emissions exceed the detail that the
EPA would be able to replicate using the MOVES inputs alone, and
recommended that EPA should allow either model inputs or emissions
values for states to fulfill their reporting requirements.
The EPA believes that allowing emissions values instead of model
inputs does not sufficiently address the EPA's needs for such onroad
model input data. The MOVES model provides a large degree of
flexibility regarding how to run the model, and while different run
approaches can result in different estimates of emissions values, no
one approach is superior to the others. The commenting state's use of
finely resolved modeling approaches is no different from that of many
states with nonattainment areas, for which detailed approaches are
being used for state implementation plans. As we noted in the proposal,
and also explain in the comprehensive Response to Comments document
that is available in the docket for this rule, providing model inputs
will meet a number of the EPA's needs that are essential to overall air
quality responsibilities, including improving the accuracy and
timeliness of the EPA's air quality planning efforts, allowing the EPA
to use the latest versions of the applicable models to generate the
most accurate emissions values, which are used in a variety of required
implementation and planning activities, and allowing the EPA to
generate consistent base year and future year emissions estimates,
which are necessary for performing accurate benefits estimates for new
rules (see 78
[[Page 8793]]
FR 37167). Thus, this final rule includes a requirement for all states,
except California, to report their onroad model input data, requires
California to report emissions values (because California's EPA-
approved model uniquely supports California onroad mobile regulations),
and allows emissions values data to be reported optionally in addition
for all other states.
D. Reporting Emission Model Inputs for Nonroad Sources
We additionally proposed to require all states (except California)
to provide inputs for the EPA-developed nonroad mobile sources model
such as the National Mobile Inventory Model (NMIM), rather than require
emissions values, and to permit the optional additional reporting of
emissions values. Six commenters supported this approach. One state
objected to the requirement for inputs for NONROAD, noting that they
developed an improved nonroad emissions approach. They further
commented that states should be able to meet their nonroad reporting
requirement by reporting emissions values or model inputs.
The EPA disagrees with the comment that emissions values should be
allowed in place of model inputs for several reasons. First, ongoing
changes to the EPA-approved nonroad modeling to use MOVES means that
all states will have to adapt to new formats in upcoming AERR every
third year cycles. Second, the EPA's approved nonroad approaches are
considered valid for all states except California, where state-specific
nonroad source regulations cannot be modeled by the EPA model(s). Thus,
even if states voluntarily develop their own approaches, the EPA's
nonroad approach is still a valid approach in those states and inputs
can be prepared. Third, the suggestion to submit only emissions values
does not address the EPA need to have inputs for estimating consistent
base and future-year emissions. Finally, for states that believe their
emissions values from their own approaches are better than values that
might be created by the EPA by using the inputs, those states may
optionally submit those emissions values as well for use by the EPA.
Thus, this final rule (1) requires all states, except California, to
provide nonroad model inputs in the formats supported by the latest EPA
nonroad models in accordance with guidance provided for a given every
third year NEI cycle, (2) requires California to report nonroad
emissions values (because state-specific nonroad source regulations
cannot be modeled by the EPA models), and (3) allows additional
emissions values data to be reported optionally for all other states.
E. Removal of Requirements To Report Daily and Seasonal Emissions
The EPA proposed to remove requirements to submit daily and
seasonal emissions from the AERR because those requirements are
duplicative in light of similar requirements of the underlying
pollutant-specific implementation rules (including CO maintenance
plans). These underlying rules already require states to show and track
consistency with the emissions projections contained in the approved
SIP submissions, and also contain requirements for public review of SIP
revisions. Two commenters stated support for the proposed changes, with
one of those noting inconsistencies with proposed changes to the ozone
implementation rule. Four commenters disagreed with the EPA's proposed
change to remove the summer day emissions requirement, with some of
those commenters also noting that the definition of summer day
emissions in the AERR was referenced by the proposed ozone
implementation rule. One commenter stated that AERR submissions can be
used as a way to demonstrate milestone year compliance for ozone or CO
nonattainment areas. Another commenter indicated that since the
NOX SIP Call does not contain specific data reporting
requirements and instead refers to the AERR for those requirements (see
40 CFR 51.122(f)), deleting the summer day emissions reporting in the
AERR would not allow for proper implementation of the NOX
SIP Call. In addition, a commenter noted that the proposed AERR did not
explicitly list the NOX SIP call as an optional source of
submitted data intended to meet compliance with that rule.
As a result of these comments, the EPA intends to ensure that the
requirements for the ozone implementation rule and NOX SIP
Call are clear and that terms for mandatory emissions fields are
defined in a pollutant-specific regulation, or in the relevant
maintenance plan for CO. The EPA believes that the appropriate place
for addressing pollutant-specific daily and seasonal reporting
requirements is not the general AERR, but rather the underlying
pollutant-specific implementation rules. Thus, we are not including
those definitions or requirements in the final AERR. In addition, the
EPA notes that while summer and winter daily emissions and seasonal
emissions are no longer required by the AERR, air agencies may
voluntarily report such data to EPA. Allowing such voluntary
submissions will continue to support areas that would like to use those
submissions to meet the requirements of other rules or plans.
When we proposed this revision, we assumed that the requirement to
report specific daily and seasonal emissions was also addressed in the
underlying pollutant-specific implementation rules, as well as the
AERR. However, in light of these comments, we realize that the
requirement to report these daily and seasonal emissions is not also
contained in some of the underlying SIP implementation rules. The EPA
continues to believe it is not necessary to require reporting of these
emissions as part of the AERR and that it makes more sense to define
and require reporting of the emissions required for compliance with
specific SIP implementation rules within those rules themselves, or
within the relevant maintenance plan. As a logical outgrowth of these
comments and the fact that we did not propose to remove completely
these pollutant-specific requirements--only to remove unnecessary
duplication in the AERR--we are making additional changes to the
underlying ozone implementation and NOX SIP Call rules.
Accordingly, this final rule removes the ozone season emissions and
summer day emissions definitions and reporting requirements from the
AERR provisions in 40 CFR Subpart A, while also finalizing changes that
will move the relevant definitions and reporting requirement to address
summer day emissions to the ozone reporting requirements in 40 CFR
51.900 and 51.915 and to address ozone season emissions and summer day
emissions in the NOX SIP Call reporting requirements in 40
CFR 51.122. As for CO winter work weekday emissions, since all CO areas
have been redesignated to maintenance areas as of September 27, 2010,
any requirements to report those emissions will exist in the relevant
CO maintenance plans. As no comments identified specific CO-related
deficiencies, especially as related to CO regulations or maintenance
plans that would be impacted by these revisions, there is no indication
that similar changes to underlying regulations are needed to address
winter work day emissions.
F. Revisions To Simplify Reporting and Provide Consistency With EIS
The EPA proposed to remove required data elements from Tables 2a,
2b, and 2c. One commenter stated support for these changes. Another
commenter stated support but also suggested the
[[Page 8794]]
EPA maintain the requirements for parameters related to state end dates
and other operating schedule parameters to reduce the assumptions that
reported emissions occurred over the entire year. The EPA acknowledges
that the operating parameters can be useful information for certain
non-annual sources. However, the vast majority of sources operate on a
fairly predictable pattern for the entire year, with only a small
portion operating a partial year or with an unusual schedule. While the
operating parameter information can be voluntarily reported for such
sources, the EPA disagrees that requiring such fields for all sources
makes sense in light of the low prevalence of non-annual sources.
The EPA also proposed to add new emissions elements. One commenter
supported the addition of Aircraft Engine Type, Unit Type, and Release
Point Apportionment Percent to the Facility Inventory data element
tables. One commenter expressed concern over these additions, noting
additional burden associated with reporting details about airport
emissions. Two commenters did not support the requirement for using
Shape Identifiers for some nonpoint categories because of the
additional resource burden. Other commenters had various minor comments
related to these changes. The EPA clarifies that the addition of fields
that support the reporting of airport emissions as point sources does
not change the sources that will need to be reported as point sources.
Most airports still do not need to be reported as point sources because
their stationary source emissions will not exceed the potential-to-emit
thresholds in this rule. Furthermore, the EPA notes that we provide air
agencies with all of the information about aircraft engine types to use
in considering their airport emissions estimates, which should reduce
any burdens associated with this change.
Regarding the change to require Shape Identifiers, we acknowledge
there is some increased level of detail associated with reporting
shapes rather than county totals. However, the EPA has minimized the
resource burden overall by providing agencies with a table of factors
to easily allocate from county emissions to shapes, based on the EPA's
estimated geographic allocations. The EPA also provides assistance to
air agencies that might prefer to submit county estimates, by helping
to prepare allocations and data files for states to submit. Thus, the
EPA is finalizing the changes as proposed.
V. 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 (PRA)
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2170.05. You can find a copy of the ICR
in the docket for this rule, and it is briefly summarized here.
The ICR collects air emissions and related information from state
and local agencies for emissions sources of oxides of nitrogen, carbon
monoxide, sulfur dioxide, volatile organic compounds, particulate
matter less than or equal to 10 micrometers in diameter, particulate
matter less than or equal to 2.5 micrometers in diameter, and ammonia.
Every 3 years, state and local air agencies are required to submit
a point source inventory, as well as a statewide stationary nonpoint,
onroad mobile, and nonroad mobile source inventory for all criteria
pollutants and their precursors. The emissions data submitted for the
annual and 3-year cycle inventories are used by EPA's Office of Air
Quality Planning and Standards to assist in developing the NEI,
performing regional modeling for various regulatory purposes, and
preparing national trends assessments and other special analyses and
reports. Additionally, states are required to report larger point
sources annually, using emissions thresholds set in the reporting rule.
Respondents/affected entities: State and local air agencies.
Respondent's obligation to respond: Mandatory as per 40 CFR part
51.
Estimated number of respondents: 104.
Frequency of response: Annual, with additional requirements
triennially.
Total estimated burden: 69,140 hours (per year in triennial years).
Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: $5,567,043 (per year), includes $1,166,480
annualized capital or operation & maintenance costs.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any new requirements on small entities. This
action corrects and clarifies emissions reporting requirements and
provide states with additional flexibility in how they collect and
report their emissions data, thereby reducing overall collection and
reporting burdens and their associated costs.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
E. Executive 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action imposes no requirements on tribal
governments. The amendments correct and clarify emissions reporting
requirements and provide states with additional flexibility in how they
collect and report their emissions data. Under the Tribal Authority
Rule, tribes are not required to report their emissions to us, except
in cases in which a tribal government voluntarily elected to apply for
and received ``Treatment as State'' status for air quality control
purposes and is subject to the AERR under its Tribal Implementation
Plan. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it does
not concern
[[Page 8795]]
an environmental health risk or safety risk. The amendments correct and
clarify emissions reporting requirements and provide states with
additional flexibility in how they collect and report their emissions
data.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action corrects and clarifies
emissions reporting requirements and provides states with additional
flexibility in how they collect and report their emissions data.
I. National Technology Transfer and Advancement Act
This action does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level 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 sources.
K. Congressional Review Act
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practices and procedure,
Air pollution control, Intergovernmental relations, Nitrogen oxides,
Ozone, Particulate matter, Regional haze, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: February 6, 2015.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
51 of the Code of Federal Regulations is amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
Subpart A--Air Emissions Reporting Requirements
Sec. 51.10 [Removed and reserved]
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2. Remove and reserve Sec. 51.10.
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3. In Sec. 51.15:
0
a. Revise paragraphs (a)(2), (a)(3), (a)(4), (b)(2), (b)(3), (b)(4),
and the first sentence in paragraphs (c) and (d).
0
b. Remove paragraphs (a)(5) and (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 (or any other emissions) as required under the
Ozone Implementation Rule or report CO winter work weekday emissions
for CO nonattainment areas or CO attainment areas with maintenance
plans to the Emission Inventory System (EIS) using the data elements
described in this subpart.
(3) A state may, at its option, choose to report ozone season day
emissions of NOX as required under the NOX SIP
Call and summer day emissions of NOX that may be required
under the NOX SIP Call for controlled sources to the EIS
using the data elements described in this subpart.
(4) 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. (i) Emissions for onroad and nonroad
mobile sources must be reported as inputs to the latest EPA-developed
mobile emissions models, such as the Motor Vehicle Emissions Simulator
(MOVES) for onroad sources or the NMIM for nonroad sources. States
using these models may report, at their discretion, emissions values
computed from these models in addition to the model inputs.
(ii) In lieu of submitting model inputs for onroad and nonroad
mobile sources, California must submit emissions values.
(iii) In lieu of submitting any data, states may accept existing
EPA emission estimates.
(4) Emissions for wild and prescribed fires are not required to be
reported by states. If states wish to optionally report these sources,
they must be reported to the events data category. The events 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 (e.g., acres burned, fuel loads) for us to use in the
EPA's estimation approach.
(c) Supporting information. You must report the data elements in
Tables 2a and 2b in Appendix A of this subpart. * * *
(d) Confidential data. We do not consider the data in Tables 2a and
2b in Appendix A of this subpart confidential, but some states limit
release of these types of data. * * *
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4. In Sec. 51.20, revise 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
[[Page 8796]]
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.
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5. Revise Sec. 51.30 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 data described in Sec. 51.15 from Type A (large)
point sources, as defined in Table 1 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, 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 data as described in Sec. 51.15.
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 (2014, 2017, etc.) will be due 12
months after the end of the inventory year, i.e., by December 31 of the
following year.
(2) [Reserved]
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6. Revise Sec. 51.35 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 3
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 3-year
cycle. You must save 3 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 3-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 3-year period. If your state
has revised emission factors during the 3 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. Revise Sec. 51.40 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. Revise Sec. 51.50 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 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 process identifier means a unique code for the process
generating the emissions.
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 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.
Facility site name means the name of the facility.
Lead (Pb) means lead as defined in 40 CFR 50.12. Emissions of Pb
which occur either as elemental Pb or as a chemical compound containing
Pb should be reported as the mass of the Pb 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
[[Page 8797]]
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.
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.
Source classification code (SCC) means a process-level code that
describes the equipment and/or operation which is emitting pollutants.
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.
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. In Appendix A to subpart A of part 51:
0
a. Revise tables 1, 2a, and 2b.
0
b. Remove table 2c.
The revisions read as follows:
Appendix A to Subpart A of Part 51--Tables
[[Page 8798]]
Table 1 to Appendix A of Subpart A--Emission Thresholds \1\ by Pollutant for Treatment as Point Source Under 40
CFR 51.30
----------------------------------------------------------------------------------------------------------------
Every-year Triennial
Pollutant (Type A ---------------------------------------------------------------
sources) \2\ Type 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 (actual)........... >=0.5 (actual).
(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, with the exception of lead. 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.
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.
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)............................................
(18) Percent Control Approach Penetration (where ............ Y ............ ............
applicable)............................................
----------------------------------------------------------------------------------------------------------------
[[Page 8799]]
Subpart G--Control Strategy
0
10. In Sec. 51.122:
0
a. Revise paragraphs (a), (c)(1)(i), (c)(2), (c)(3), (f), and (g).
0
b. Remove and reserve paragraph (d).
The revisions read as follows:
Sec. 51.122 Emissions reporting requirements for SIP revisions
relating to budgets for NOX emissions.
(a) As used in this section, words and terms shall have the
meanings set forth in Sec. 51.50. In addition, the following terms
shall apply to this section:
(1) Ozone season emissions means emissions during the period from
May 1 through September 30 of a year.
(2) Summer day emissions means an average day's emissions for a
typical summer work weekday. The state will select the particular
month(s) in summer and the day(s) in the work week to be represented.
* * * * *
(c) * * *
(1) * * *
(i) The state must report to EPA emissions data from all
NOX sources within the state for which the state specified
control measures in its SIP submission under Sec. 51.121(g), including
all sources for which the state has adopted measures that differ from
the measures incorporated into the baseline inventory for the year 2007
that the state developed in accordance with Sec. 51.121(g).The state
must also report to EPA ozone season emissions of NOX and
summer day emissions of NOX from any point, nonpoint, onroad
mobile, or nonroad mobile source for which the state specified control
measures in its SIP submission under Sec. 51.121(g).
* * * * *
(2) For the 3-year cycle reporting, each plan must provide for
triennial (i.e., every third year) reporting of NOX
emissions data from all sources within the state. The state must also
report to EPA ozone season emissions of NOX and summer day
emissions of NOX from all point sources, nonpoint sources,
onroad mobile sources, and nonroad mobile sources.
(3) The data availability requirements in Sec. 51.116 must be
followed for all data submitted to meet the requirements of paragraphs
(c)(1) and (2) of this section.
(d) [Reserved]
* * * * *
(f) Reporting schedules. Data collection is to begin during the
ozone season 1 year prior to the state's NOX SIP Call
compliance date.
(g) The state shall report emissions as point sources according to
the point source emissions thresholds of the Air Emissions Reporting
Rule (AERR), 40 CFR part 51, subpart A. The detail of the emissions
inventory shall be consistent with the data elements required by 40 CFR
part 51, subpart A. When submitting a formal NOX Budget
Emissions Report and associated data, states shall notify the
appropriate EPA Regional Office.
Subpart X--Provisions for Implementation of 8-hour Ozone National
Ambient Air Quality Standard
0
11. In Sec. 51.900, add paragraph (v) to read as follows:
Sec. 51.900 Definitions.
* * * * *
(v) Summer day emissions means an average day's emissions for a
typical summer work weekday. The state will select the particular
month(s) in summer and the day(s) in the work week to be represented.
The selection of conditions should be coordinated with the conditions
assumed in the development of RFP plans, ROP plans and demonstrations,
and/or emissions budgets for transportation conformity, to allow
comparability of daily emission estimates.
0
12. Revise Sec. 51.915 to read as follows:
Sec. 51.915 What emissions inventory requirements apply under the 8-
hour NAAQS?
For each nonattainment area subject to subpart 2 in accordance with
Sec. 51.903, the emissions inventory requirements in sections
182(a)(1) and 182(a)(3) of the Act shall apply, and such SIP shall be
due no later 2 years after designation. For each nonattainment area
subject only to title I, part D, subpart 1 of the Act in accordance
with Sec. 51.902(b), the emissions inventory requirement in section
172(c)(3) of the Act shall apply, and an emission inventory SIP shall
be due no later 3 years after designation. The state must report to the
EPA summer day emissions of NOX and VOC from all point
sources, nonpoint sources, onroad mobile sources, and nonroad mobile
sources. The state shall report emissions as point sources according to
the point source emissions thresholds of the Air Emissions Reporting
Rule (AERR), 40 CFR part 51, subpart A. The detail of the emissions
inventory shall be consistent with the data elements required by 40 CFR
part 51, subpart A.
[FR Doc. 2015-03470 Filed 2-18-15; 8:45 am]
BILLING CODE 6560-50-P