Consolidated Emissions Reporting
Related Material
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 23, 2000 (Volume 65, Number 100)]
[Proposed Rules]
[Page 33268-33280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my00-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[AD-FRL-6703-6]
RIN 2060-AH25
Consolidated Emissions Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing this rule to improve and simplify emissions
reporting. Many State and local agencies asked EPA to take this action
to: consolidate reporting requirements; improve reporting efficiency;
provide flexibility for data gathering and reporting; better explain to
program managers and the public the need for a consistent inventory
program. Consolidated reporting should increase the efficiency of the
emission inventory program and provide more consistent and uniform
data. EPA is seeking comment on the addition of reporting requirements
for hazardous air pollutants (HAPs), and is proposing to add reporting
requirements for particulate matter less than or equal to 2.5
micrometers (PM \2.5\) and its precursors, and is proposing to reduce
the reporting requirements for other criteria pollutants.
DATES: Submit comments on or before July 7, 2000.
ADDRESSES: Send comments (in duplicate, if possible) to: Air and
Radiation Docket (6102), US Environmental Protection Agency, Attn:
Docket No. A9840, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: William B. Kuykendal, Emissions,
Monitoring, and Analysis Division (MD-14), Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina, 27711, Telephone: (919) 541-5372, email:
kuykendal.bill@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Authority
Sections 110(a)(2)(F), 110(a)(2)(K), 110(a)(2)(J),112,
182(a)(3)(B), 172(c)(3), 182(a)(3)(A), 187(a)(5), 301(a)
II. Background
Emission inventories are critical for the efforts of State, local,
and federal agencies to attain and maintain the National Ambient Air
Quality Standards (NAAQS) that EPA has established for criteria
pollutants such as ozone, particulate matter, and carbon monoxide.
Pursuant to its authority under section 110 of Title I of the Clean Air
Act, EPA has long required State Implementation Plans (SIPs) to provide
for the submission by States to EPA of emission inventories containing
information regarding the emissions of criteria pollutants and their
precursors (e.g., volatile organic compounds (VOC)). EPA codified these
requirements in 40 CFR part 51, subpart Q in 1979 and amended them in
1987.
The 1990 Amendments to the Clean Air Act (Act) revised many of the
provisions of the Clean Air Act related to the attainment of the NAAQS
and the protection of visibility in mandatory class I Federal areas
(certain national parks and wilderness areas). These revisions
establish new periodic emission inventory requirements applicable to
certain areas that were designated nonattainment for certain
pollutants. For example, section 182(a)(3)(A) required States to submit
an emission inventory every three years (3-Year cycle) for ozone
nonattainment areas beginning in 1993. Emissions reported must include
VOC, nitrogen oxides (NOX), and carbon monoxide (CO) for
point, area, mobile (onroad and nonroad), and biogenic sources.
Similarly, section 187(a)(5) requires States to submit an inventory
every three years for CO nonattainment areas for the same source
classes, except biogenic sources. EPA, however, did not codify these
statutory requirements in the Code of Federal Regulations (CFR), but
simply relied on the statutory language to implement them.
EPA has promulgated the NOX SIP Call (Sec. 51.122) which
calls on the effected States and the District of Columbia to submit SIP
revisions providing for NOX reductions in order to reduce
the amount of ozone and ozone precursors transported between states. As
part of that rule, EPA established reporting requirements to be
included in the SIP revisions to be submitted by States in accordance
with that action. \1\
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\1\ EPA recognizes that in its recent decision, the United
States Court of Appeals remanded certain issues regarding the
NOX SIP call to the Agency. See State of Michigan v.
United States Environmental Protection Agency, No. 98-1497, United
States Court of Appeals for the District of Columbia Circuit, slip
op. issued March 3, 2000. Those issues, however, do not include the
reporting requirements and the proposed consolidation of those
requirements does not represent any prejudgment of the issues on
remand to the Agency. EPA also recognizes that at this time the SIP
call submission deadline has been stayed by the court and that the
reporting requirements connected with the SIP call would not go into
effect until the issues regarding the timing of SIP submissions are
resolved.
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This proposal consolidates the various reporting requirements that
already exist into one place in the CFR, establishes new ones for PM
\2.5\ and regional haze, establishes new requirements for the statewide
reporting of area source and mobile source emissions, includes the
reporting requirements for the NOX SIP call and asks for
comments on new reporting for air toxics.
In this action, we refer to these types of inventories as the
following:
Point source inventories
3-Year cycle inventories
NOX SIP call inventories
States use data obtained through current annual reporting
requirements (point source inventories) to record emissions from large
sources and to track progress in reducing emissions from them. States
get 3-Year cycle data from stationary sources with lower yearly
emission levels and use them with the point source inventories to
update their emission inventory every three years. States included in
the NOX SIP call will collect emissions data from the
sources that are subject to control as a means of compliance. The Rule
also takes advantage of data from Emission Statements available to
States but not reported to EPA. As appropriate, States may use this
data to meet their reporting requirements for point source data.
Combining data from these activities gets the most information from
sources with the least burden on the industry and less effort by State
and local government agencies. By treating this information as a
comprehensive emission inventory, States and local agencies may do the
following:
Measure their progress in reducing emissions.
Have a tool they can use to support future trading
programs.
Set a baseline from which to do future planning.
Answer the public's request for information.
[[Page 33269]]
We intend these inventories to help nonattainment areas develop and
meet SIP requirements to reach the NAAQS.
States will need to inventory direct emissions of PM2.5
and its precursors beginning in 2000 for the inventory year 1999. Since
PM2.5 is a NAAQS pollutant, we feel it is appropriate to
begin collecting this emissions data.\2\ States will also have to
estimate direct emissions of primary particulate matter and
PM2.5 precursor emissions of condensible organics and
ammonia. These PM2.5 related data elements are needed as
input to emission models. The Administrator has determined that States
should submit statewide point source and 3-Year cycle inventories for
PM10 , PM2.5 , and regional haze, consistent with
the data requirements for O3 and CO. Sections 110(a)(2)(F)
and 172(c)3 provide ample statutory authority for this proposal as it
relates to criteria pollutants. Section 110(a)(2)(F) provides that SIPs
are to require ``as may be prescribed by the Administrator * * *
(ii)periodic reports on the nature and amounts of emissions and
emissions-related data from such sources.'' Section 172(c)(2)(3)
provides that SIPs for nonattainment areas are to ``include a
comprehensive, accurate, current inventory of actual emissions from all
sources of the relevant pollutant or pollutants in such area, including
such periodic revisions as the Administrator may determine necessary to
assure that the requirements of this part are met.'' Additional
statutory authority for emissions inventories from 1-hour ozone
nonattainment areas is provided by section 182(a)(3)(A) and for
emissions inventories from CO nonattainment areas is provided by
section 187(a)(5). Section 301(a) provides authority for EPA to
promulgate regulations embodying these provisions.
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\2\ In American Trucking Assn. v. EPA, No. 97-1440 (``ATA''),
the court found that the record ``amply justified'' the need for
fine particle standards, but remanded for further consideration of
the levels of those standards. As EPA explained to the ATA Court in
supplemental briefing on the remedy, the States should proceed with
preparation of PM2.5 emissions inventories because they
will be necessary regardless of the levels of the fine particle
standards. Accordingly, it is appropriate to proceed with this
proposal regarding the collection of emission inventories.
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What Is the Purpose of the Consolidated Emissions Reporting Rule
(CERR)?
The purpose of this rule is fourfold:
Simplify emissions reporting,
Offer options for data exchange
Unify reporting dates for various categories of
inventories, and
Include reporting fine particulate matter and its
precursors.
Previous requirements may have, at times, led to inefficient
reporting. This rule provides options for reporting that allow States
to match their ongoing activities with federal requirements and
provides two options for transmitting data to EPA. This action also
consolidates existing and new requirements of emission inventory
programs for point sources and 3-Year cycles.
Who Will Have To Comply With the CERR Requirements?
This rule will apply to State and local air pollution control
agencies. In the rule, we have adopted ``plain English language''. When
``you'' is used we mean the State or local agency. When ``we'' is used,
EPA is meant.
How Are the CERR's Requirements Different From Existing Requirements?
(a) Additional Pollutants
Your State's inventory will add PM2.5 , and
PM2.5 precursors to the criteria pollutants.
(b) Geographic Coverage of Inventory
Your State now reports point source emissions statewide and
emissions from area and mobile sources by nonattainment area. Your
State's new inventory will be statewide by county for all source types,
regardless of the attainment status.
(c) Frequency of Reporting
Your State will continue to report emissions from very large point
sources (See Table 1) annually. Your State has a choice to report
smaller point sources every three years or one-third of the sources
each year. Your State will continue to report emissions from
nonattainment areas for area and mobile sources every three years.
Attainment areas will be required, for the first time, to report area
and mobile source emissions.
How Will EPA Use the Data Collected Under This Reporting Requirement?
EPA uses emission inventories to form realistic public policy by
the following:
Modeling analyses,
Projecting future control strategies,
Tracking progress to meet requirements of the Clean Air
Act,
Calculating risk, and
Responding to public inquiries.
Why Does EPA Want my State's Data?
Most of the information EPA needs is readily available from States
because of the States' efforts to follow the Clean Air Act and its
amendments. Using data States have already estimated or collected is a
cheaper, more efficient way for us to get information to analyze. EPA
can pull your data into a central repository of emissions data and
extract what we need to fulfill our mandates.
How Will Others Use my Data Collected Under This Requirement?
Recent events have shown that some States need emissions data for
areas outside their borders. Programs such as the Ozone Transport
Assessment Group, the Ozone Transport Commission NOX
Baseline study, and the Grand Canyon Visibility Transport Commission
demonstrated this need. As we recognize pollution as a regional
problem, agencies will need multistate inventories more often to do
such things as regional modeling.
We can meet our common needs by creating a central repository of
data from State and local agencies, or a group of regional emissions
databases. Such repositories offer the advantage of ready access and
availability, common procedures for ensuring the quality of data, and
an ability to meet the general needs of many potential users.
What Happens if EPA Doesn't Get my Agency's Emissions Data?
If we don't receive your emissions information at the time this
rule specifies, we'll use whatever we have to produce emissions data
for your agency's geographical area. Congress often mandates our
analyses, so we depend on you to provide the data to complete them. If
we don't get your data, we must find other ways to compile similar
information.
We can estimate your agency's inventory by any of the following:
National allocation (top down) methods,
Projecting from previous data, or
Using our best judgment.
For area and mobile sources, our methods usually represent your
emissions reasonably well. For point sources, our estimates are less
accurate. We have to estimate activity and plant parameters based on
general knowledge rather than using your specific information.
The Act provides for other actions against a State if we do not
receive your data. For example, if a State does not provide emissions
data for NAAQS pollutants in nonattainment areas, EPA may take actions
such as making findings of failure to submit, that are authorized in
instances where a State fails to fulfill SIP obligations.
[[Page 33270]]
What Additional Reporting Requirements Is EPA Considering?
We are seeking comment on the advisability of requiring new
reporting of hazardous air pollutants (HAP) emissions.
In addition to the emission inventory provisions related to NAAQS
pollutants, EPA is also considering requiring emission inventory
reporting of HAPs. The requirements for HAP reporting would be imposed
under authority of section 301(a) which authorizes the Administrator to
prescribe such regulations as are necessary to carry out her functions
under the Act. Several provisions in the CAA address HAPs and, by the
nature of their requirements, imply the need for a HAP emissions
inventory. Some examples follow.
Title V of the Act requires the Administrator to perform an
oversight role with respect to State issued permits, including permits
issued to major sources of HAP emissions. In order to determine whether
that program is being appropriately and lawfully administrated by the
States with respect to major HAP sources, a HAP emission inventory is
necessary. You are developing programs to regulate HAPs and your Title
V programs must include permits for all HAP sources emitting major
quantities of HAPs (10 tons of one HAP or 25 tons of multiple HAPs per
year). Thus, the Administrator believes including HAPs in the point
source inventory is appropriate and necessary.
Section 112(n)(1)(A) requires us to report to Congress on the
hazards to public health reasonably anticipated to occur as a result of
emissions from electric utility steam generating units. Section
112(n)(1)(B) requires us to provide a report to Congress that considers
the rate and mass of HAP emissions and the health and environmental
effects of these emissions. Section 112(c)(6) requires a list of
categories and subcategories of HAP sources subject to standards that
account for not less than 90% of the aggregate emission of each
pollutant. Although these new requirements do not include specific
provisions requiring the compilation of HAP emissions inventories, they
do introduce the need for such inventories in order to carry out the
mandated statutes.
Section 112(k)(3) of the Act mandates that we develop a strategy to
control emissions of HAPs from area sources in urban areas, and that
the strategy achieve a reduction in the incidence of cancer
attributable to exposure to HAPs emitted by stationary sources of not
less than 75%, considering control of emissions from all stationary
sources, as well as a substantial reduction in public health risks
posed by HAPs from area sources. These mandated risk reductions are to
be achieved by taking into account all emission control measures
implemented by the Administrator or by the States under this or any
other laws. A reliable HAP emission inventory covering all stationary
sources of HAPs, including point and area sources, will be important in
developing the mandated strategy and demonstrating that the strategy
achieves the mandated risk reductions. It would be virtually impossible
for us to identify and estimate HAP-specific emission reductions from
all the federal and State rules that might result in HAP emission
reductions. Therefore, we believe development of the strategy and
assessment of progress in achieving the strategic goals requires that
we develop and periodically update a HAP emission inventory. As
presented in a recent Federal Register notice on the National Air
Toxics Program: The Integrated Urban Strategy (64 FR 38706), we have
designed an assessment approach that depends upon a reliable and
periodically updated HAP emission inventory as a critical element in
the assessments that support the development and evaluation of our
urban strategy.
In addition to the Act requirements, the Government Performance and
Results Act (GPRA) provides new emphasis on the need for HAP emission
inventories, assessment of emissions reductions, and resulting
reductions in risk. The GPRA, enacted in 1993, requires federal
agencies to establish standards measuring their performance and
effectiveness. It is the primary legislative mandate that requires
agencies to set strategic goals, measure performance, and report on the
degree to which goals are met.
For the EPA's air toxics program, the initial goal, by 2010, is to
reduce air toxic emissions by 75% from 1993 levels to significantly
reduce the risk to Americans of cancer and other serious adverse health
effects caused by airborne toxics.
The EPA is working to further refine this goal so that in the
future the air toxics program will protect human health and the
environment by reducing the risks from air toxic emissions,
particularly focusing on populations and areas disproportionately
impacted which include, for example, urban areas, children at risk, and
populations whose water and food are affected by persistent,
bioaccumulating toxics.
Assessing progress in reducing cumulative risk from HAPs will
require EPA to move away from a focus on assessing reductions from tons
per year emitted, toward a focus on estimating reductions in cancer and
non-cancer risks associated with lower emissions. In general, the
choice of appropriate risk characterization approaches will be
influenced by both the availability of data to support exposure
assessments, and the level of detail and resolution needed to support
the purpose of the assessment. EPA has identified four basic approaches
for various assessments to evaluate progress with the air toxics
program in reducing estimated risk. While each of the approaches relies
on different types of data to represent exposures, all of these
approaches rely on emission inventory information. The four basic
approaches are: (1) toxicity weighting of emissions or ambient
concentrations; (2) comparison between ambient concentration and risk-
based concentrations (RBCs); (3) comparison between estimated exposure
and RBCs that may yield quantitative estimates of risk; and (4)
quantitative estimates of carcinogenic risk for individuals and
populations. Approaches 1 and 2 are considered hazard-based approaches,
in that they lack exposure or dispersion modeling, while approaches 3
and 4 are considered risk-based approaches in that they do incorporate
exposure assessments and thereby can provide quantitative risk
estimates. Approaches 3 and 4 require a detailed emission inventory
that includes facility-specific detail (e.g., geographic location,
stack heights).
You would be required to report HAP emissions for plants emitting
at least 10 tons per year of one HAP or 25 tons per year of two or more
HAPs. You would be required to report the same data elements now being
submitted for criteria pollutants. You would provide these new data as
part of the 3-year cycle inventory.
III. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether the regulatory action is ``not significant'' and
therefore not subject to review by the Office of Management and Budget
(OMB) and to the Executive Order's requirements. We've determined this
action is ``significant'' and therefore does require OMB review, based
on the Order's definition of a ``significant'' regulatory action as one
that is likely to result in a rule that may do any of the following:
[[Page 33271]]
1. Have an annual effect on the economy of $100 million or more or
materially harm the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State
and local governments or communities. The ICR (EPA ICR No. 0916.09)
analysis shows that the costs to implement the Rule are less than $100
million. The analysis from the ICR shows total costs including proposed
new requirements and start up are about $2 million.
2. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency. The rule will increase data
consistency, thus assisting other Agencies.
3. Materially alter the budgetary effect of entitlements, grants,
user fees, or loan programs or the rights and obligations of those who
receive them. Grant funds have been identified to support these
activities.
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in the
Executive Order. This rule will establish requirements for collecting
and reporting new data to EPA and for this reason is deemed to be
``significant''.
B. Paperwork Reduction Act
The new information collection requirements in this proposed rule
have been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Earlier
the Office of Management and Budget approved the current information
collection requirements in part 51 under the Paperwork Reduction Act
and has assigned OMB control number 2060-0088 (EPA ICR No. 916.07). The
Information Collection Request (ICR) document for the new information
collection requirements has been prepared by EPA (ICR No. 0916.09) and
a copy may be obtained from Sandy Farmer by mail at Collection
Strategies Division; U.S. Environmental Protection Agency (2822); 1200
Pennsylvania Ave., NW, Washington, DC 20460, by email at
farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also be
downloaded from the internet at http://www.epa.gov/icr.
Today's action revises part 51 to consolidate old reporting
requirements, adds new requirements for PM2.5 and its
precursors, adds new Statewide reporting requirements for area and
mobile sources and asks for comments on newly recognized reporting
needs for HAPs. Data from proposed new reporting will be used to:
Support modeling analyses,
Project future control strategies,
Track progress to meet requirements of the Clean Air Act,
Calculate risk, and
Respond to public inquiries.
If finalized, this proposed rule would contain mandatory
information reporting requirements (see 40 CFR 51.001); EPA considers
all information reported under this proposed rule to be in the public
domain and therefore cannot be treated as confidential.
The information in the following table was summarized from ICR
0916.09 and presents the reporting burden estimates.
Burden Estimate Summary
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Number of Hours per Total hours Total labor Total annual Total annual
Reporting requirement respondents respondent per year costs per year capital costs O&M costs
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STATE RESPONDENTS
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Current................................................. 55 121 6,636 $205,420 $23,100 $6,600
Statewide Area and Mobile Source Reporting.............. * 717 20,971 553,897 .............. ..............
PM2.5 Reporting......................................... 55 42 2,310 61,006 .............. ..............
HAP Reporting........................................... * 700 14,350 378,976 .............. ..............
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Subtotal for States................................. .............. 1,580 44,267 1,199,299 .............. ..............
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INDUSTRY RESPONDENTS
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HAP Reporting........................................... 7,500 3 22,500 844,000 .............. ..............
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Total........................................... 7,555 .............. 66,767 2,043,299 23,100 6,600
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* Varies.
The results in the table are broken down into State respondents and
industry respondents. Within these groups, the reporting burden is
further broken down into ``current requirements'',``Statewide area and
mobile source reporting requirements'', ``PM2.5 reporting
requirements'', and ``HAP reporting requirements.'' This has been done
to highlight the major areas changed by the CERR and to show the impact
of these changes on the estimated burden.
To simplify the discussion, only the total hours per year will be
discussed, however, the other burden components are related and the
discussion would be similar. The burden hours estimated for all of the
emission inventory reporting requirements in place prior to this
proposed rule are labeled ``current'' and total 6,636 hours per year.
Because of the streamlining and flexibility offered by the CERR, these
``current'' requirements are reduced from the original burden estimate
of 11,448 hours per year; a savings of 4,812 hours per year. The new
reporting requirements for Statewide area and mobile source reporting
adds 20,971 hours per year and the PM2.5 reporting
requirements adds 2,310 hours per year. All of these burden changes are
attributable to the State agency respondents.
Because the Environmental Protection Agency is requesting comment
on the advisability of requiring HAP reporting, these costs are shown
separately in the table. Note that there is a burden increment for both
State and industry respondents. For the States, the new HAP reporting
burden would add 14,350 hours per year. For industry, 22,500 hours per
year would be added.
The total burden impact of the CERR, including the HAP reporting
requirements, is estimated to be 66,767 hours per year for State and
industry respondents. For the States alone, this total is 44,267 hours
per year. It should be noted that, of this State total of 44,267 hours
per year, approximately 20,000 hours per year are associated with
start-up costs that will no longer be
[[Page 33272]]
incurred after the first three years. Thus, after three years, the
estimated burden becomes about 24,000 hours per year for the States and
about 47,000 hours per year for the States and industry.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested
methods for minimizing respondent burden, including through the use of
automated collection techniques. Send comments on the ICR to the
Director, Collection Strategies Division; U.S. Environmental Protection
Agency (2822); 1200 Pennsylvania Ave., NW, Washington, DC 20460; and to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th St., N.W., Washington, DC 20503, marked
``Attention: Desk Officer for EPA.'' Include the ICR number in any
correspondence. Since OMB is required to make a decision concerning the
ICR between 30 and 60 days after May 23, 2000 a comment to OMB is best
assured of having its full effect if OMB receives it by June 22, 2000.
The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.
C. Impact on Small Entities
Under the Regulatory Flexibility Act we don't need to analyze this
proposed regulation's flexibility because it doesn't affect small
entities whose jurisdictions cover fewer than 50,000 people. Under 5
U.S.C. 605(b), I certify that this action won't significantly affect
the economic well-being of a substantial number of small entities.
D. Executive Order 13045: Children's Health Protection
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it is based on technology performance and
not on health or safety risks.
E. The National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rule making does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
F. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. The additional work required by this rule takes
advantage of information already in the possession of reporting groups.
Using existing data leverages past work and reduces the burden of this
rule. This conclusion is supported by the analysis done in support of
EPA ICR No. 0916.09, OMB control number 2060-0088, which shows that
total costs will be about $2 million. Thus, today's rule is not subject
to the requirements of sections 202 and 205 of the UMRA.
G. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in
[[Page 33273]]
the Executive Order to include regulations that have ``substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to the Office of Management and Budget (OMB), in a
separately identified section of the preamble to the rule, a federalism
summary impact statement (FSIS). The FSIS must include a description of
the extent of EPA's prior consultation with State and local officials,
a summary of the nature of their concerns and the agency's position
supporting the need to issue the regulation, and a statement of the
extent to which the concerns of State and local officials have been
met. Also, when EPA transmits a draft final rule with federalism
implications to OMB for review pursuant to Executive Order 12866, EPA
must include a certification from the agency's Federalism Official
stating that EPA has met the requirements of Executive Order 13132 in a
meaningful and timely manner.
EPA has concluded that this proposed rule will have federalism
implications. This is based on the new requirements proposed by this
rule that States will now have to report their emissions Statewide and
will have to report PM2.5 and PM2.5 precursor
emissions. Moreover, it also may impose substantial direct compliance
costs on State or local governments, and the Federal government will
not provide the funds necessary to pay those costs. Accordingly, EPA
provides the following FSIS as required by section 6(b) of Executive
Order 13132.
Federalism Summary Impact Statement (FSIS)
EPA convened a Work Group that included representatives from three
States (CA, NJ, TX) in addition to EPA representatives. This Work Group
met via conference calls over a period of about a year and a half
beginning in early 1997. In addition, EPA maintained an active dialog
with a larger number of States through the State and Territorial Air
Pollution Program Administrators (STAPPA) and the Association of Local
Air Pollution Control Officials (ALAPCO). The STAPPA/ALAPCO
coordination involved two forums: 1. The Standing Air Emissions Work
Group (SAEWG) and 2. The STAPPA/ALAPCO Emissions and Modeling
committee. The coordination with the States through the STAPPA/ALAPCO
process will continue throughout this rule making process. There is
considerable support for this rule by the States. The States like
having all of the emission inventory reporting requirements updated and
in one consolidated rule. However, two principal concerns were raised
by the States: 1. Does EPA have authority to collect HAP data?, and 2.
Will the rule limit the States' ability to collect emission inventory
data beyond the requirements of the rule? EPA has addressed both of
these concerns. The first concern has been addressed by removing the
HAP reporting requirements from the rule. Instead, these requirements
are discussed in the preamble and EPA is requesting comments. The
second concern was addressed by the nature of the rule. The rule only
specifies information that should be reported to EPA. It does not limit
the States from collecting whatever data they deem necessary for their
emission inventory programs.
EPA consulted with State and local officials early in the process
of developing the proposed regulation to permit them to have meaningful
and timely input into its development. For the reasons discussed under
the FSIS, EPA believes that it has complied with the requirements of
Executive Order 13132.
H. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments to provide meaningful and
timely input in the development of regulatory policies on matters that
significantly or uniquely affect their communities.
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Dated: May 12, 2000.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S.C. 7410, 7414, 7421, 7470-7479, 7491, 7492,
7601, and 7602.
2. Part 51 is amended by adding subpart A to read as follows:
Subpart A--Emission Inventory Reporting Requirements
Sec.
51.1 For what sources must States do emissions reporting?
General Information for Inventory Preparers
51.5 Who is responsible for actions described in this subpart?
51.10 What tools are available to help prepare and report
emissions data?
51.15 How does my State reduce the effort for reporting?
Specific Reporting Requirements
51.20 What data does my State need to report to EPA?
51.25 What are the emission thresholds that separate point and
area sources?
51.30 What geographic area must my State's inventory cover?
[[Page 33274]]
51.35 When does my State report the data to EPA?
51.40 In what form should my State report the data to EPA?
51.45 Where should my State report the data?
Appendix A to Subpart A of Part 51--Tables and Glossary
Appendix B [Reserved]
Subpart A--Emission Inventory Reporting Requirements
Sec. 51.1 For what sources must States do emissions reporting?
Point sources for which States must report emissions annually under
Sec. 51.321 are defined as follows:
(a) For PM10 , PM2.5 , ammonia, sulfur oxides,
VOC, and nitrogen oxides, any plant that actually emits at least 90.7
metric tons (100 tons) per year of any pollutant.
(b) For carbon monoxide, any plant that actually emits at least 907
metric tons (1000 tons) per year.
(c) For lead and lead compounds measured as elemental lead, any
plant that actually emits at least 4.5 metric tons (5 tons) per year.
General Information for Inventory Preparers
Sec. 51.5 Who is responsible for actions described in this subpart?
State and local agencies whose geographic coverage include any
point, area, mobile, or biogenic sources must inventory these sources
and report this information to EPA.
Sec. 51.10 What tools are available to help prepare and report
emissions data?
(a) We urge your State to use estimation procedures described in
documents from the Emission Inventory Improvement Program (EIIP). These
procedures are standardized and ranked according to relative
uncertainty for each emission estimating technique. Using this guidance
will enable others to use your State's data and be able to evaluate its
quality and consistency with other data.
Sec. 51.15 How does my State reduce the effort for reporting?
(a) Compiling smaller point source (Type B) and 3-Year cycle
inventories (see Appendix A, Table 1 of this subpart) means much more
effort every three years, but your State may ease this workload spike
by reporting one-third of your Type B point and 3-Year cycle sources
each year. For these sources, your State will therefore have data from
three successive years at any given time, rather than from the single
year in which it is compiled. If your State needs to inventory the
entire category of Type B point and 3-Year cycle sources in a single
year, your State should report this data instead of a third of the
estimates each year. If your State is a NOX SIP Call state
as defined in Sec. 51.122, your State can't use these optional
reporting frequencies for NOX.
(b) If your State needs a base year emission inventory for a
selected pollutant, your State must compile an inventory of all
affected source categories for the specified year.
(c) If your State chooses the method of reporting one-third of your
Type B sources and 3-Year cycle sources each year, your State must
compile each year of the three year period identically. For example, if
a process hasn't changed for a source category or individual plant,
your State must use the same emission factors to calculate emissions
for each year of the three year period. If your State has revised
emission factors during the three years for a process that hasn't
changed, resubmit previous year's data using the revised factor. If
your State uses models to estimate emissions during any year of the
three year period, make them identical for all three years.
Specific Reporting Requirements
Sec. 51.20 What data does my State need to report to EPA?
(a) Pollutants. Report emissions of the following:
(1) Sulfur oxides.
(2) VOC.
(3) Nitrogen oxides.
(4) Carbon monoxide.
(5) Lead and lead compounds.
(6) PM10 .
(7) PM2.5 .
(8) PM2.5 precursors including ammonia.
(b) Supporting information. Report the data elements in Table 2a
through 2d of appendix A to this subpart. Depending on the format you
choose to report your State data, additional information not listed in
Tables 2a through 2d will be required. Specific instructions for your
State system format should be consulted. Any you don't report we'll
have to generate with our own techniques. We may ask you for other data
to meet special requirements.
(c) Confidential data. We don't consider the data in Tables 2a
through 2d of appendix A to this subpart confidential, but some States
limit release of this type of data. Any data that you submit to EPA
under this rule will be considered in the public domain and cannot be
treated as confidential. If Federal and State requirements are
inconsistent, consult your EPA Regional Office for a final
reconciliation.
Sec. 51.25 What are the emission thresholds that separate point and
area sources?
(a)(1) Use the following actual emissions thresholds in attainment
areas for point source reporting:
(i) Sources emitting at least 100 tpy for SOX, VOC,
NOX, PM10 , PM2.5 .
(ii) Sources emitting at least 1000 tpy for CO.
(iii) Sources emitting at least 5 tpy for lead and lead compounds.
(2) See Table 1 of appendix A to this subpart for reporting
thresholds on point sources in nonattainment areas.
(b) Your State has the option to inventory and report any
stationary sources below these thresholds as point or area sources. If
you have lower emission thresholds for point sources in your State, you
should use them in reporting your emissions to EPA. See Table 1 of
appendix A to this subpart for thresholds to report 3-Year cycle data
and Tables 2a through 2d of appendix A to this subpart for data
elements to report.
(c) In moderate PM10 nonattainment areas your State
should inventory sources emitting at least 100 tpy (actual) as point
sources. In serious PM10 nonattainment areas, this
requirement applies to sources emitting at least 70 tpy (actual).
Inventory PM2.5 sources emitting at least 100 tpy (actual)
as point sources. Inventory ammonia (a precursor to PM2.5 )
as a point or area source.
Sec. 51.30 What geographic area must my State's inventory cover?
Because of the regional nature of these pollutants, your State's
inventory must be statewide, regardless of an area's attainment status.
Sec. 51.35 When does my State report the data to EPA?
Your State must report data for the point source inventory and the
3-Year cycle inventory 17 months (by June 1) after the end of the
calendar emission year. For example, your calender year 1999 inventory
should be reported to EPA by June 1, 2001.
(a) Point source. As seen in Table 1 of appendix A to this subpart,
your State should divide your point source inventory into two subsets--
Type A source inventory and Type B source inventory--with different
reporting frequencies. Report actual annual emissions from Type A point
sources each calendar year. Review stack data (height, diameter, flow
rate, temperature, velocity, and stack number) every three years and
send in changes shown in Table 2a of appendix A to this subpart.
(b) 3-Year cycle. (1) Your State should send EPA its annual and
daily estimates
[[Page 33275]]
of actual emissions every three years for Type B point sources and area
and mobile sources. For Type B point source inventories, include
facilities not reported under the Type A source requirement. Area data
includes sources below the thresholds for Type B point sources. Your
State may report emissions from one-third of your State's Type B point
sources, area, and mobile sources each year or from all sources every
three years.
(2) Your State and your EPA Regional Office may tailor the
reporting by selecting sources that most affect your agency.
(3) We encourage your State to integrate your State's own reporting
requirements with EPA's.
(c) NOX SIP call. For NOX SIP call reporting,
States must submit data for a required year no later than 12 months
after the end of the calendar year for which the data are collected.
(1) For point, area and mobile sources within your State that your
State is controlling to meet the NOX reductions in
Sec. 51.121, submit estimates of NOX annually for the
NOX ozone season as shown in Tables 2a, 2b and 2c of
appendix A to this subpart.
(2) For all NOX sources including point, area and mobile
sources within your State, whether controlled or uncontrolled, submit
estimates of NOX emissions every three years for the
NOX ozone season as shown in Tables 2a, 2b and 2c of
appendix A to this subpart.
(d) Other. Your State must establish an initial baseline for
biogenic emissions. Your State need not submit more biogenic data
unless land use characteristics or the methods for estimating emissions
change. If either of these variables change, your State must report new
biogenic emissions during the reporting period in the following year as
shown in Table 2d of appendix A of this subpart.
Sec. 51.40 In what form should my State report the data to EPA?
(a) For better access by everyone, report emissions in your State
in an electronic format using one of two options. You can find specific
instructions for each option at the following Internet address: http://
www.epa.gov/ttn/chief/ei/eisubmit.html These two options are as
follows:
(1) Submit your State's data in the National Emissions Trends (NET)
input format; or
(2) Submit your State's data in the Electronic Data Interchange
(EDI) format.
(b) Some metadata describing your submission are not listed in
Tables 2a through 2d of appendix A of this subpart are also required.
Because electronic reporting technology continually changes, contact
your EPA Regional Office for acceptable formats. You should consult
specific instructions for your State system format to determine
additional requirements not listed in Tables 2a through 2d.
Sec. 51.45 Where should my State report the data?
(a) If your State uses either the NET Input format or the EDI
format, your State submits or reports data by either providing it to
EPA directly or notifying EPA that it is available in the specified
format and at a specific electronic location (FTP site).
(b) For the latest information on data reporting procedures, call
our Info Chief help desk at (919)541-1000 or email to
info.chief@epa.gov.
Appendix A to Subpart A of Part 51--Tables and Glossary
Table 1.--Summary of Requirements for Reporting Emission Inventories
----------------------------------------------------------------------------------------------------------------
Point source inventory
Provision ---------------------------------------- NOX SIP call 3-Year inventory
Type A sources \1\ Type B sources \1\ inventory
----------------------------------------------------------------------------------------------------------------
CAA citation.................... Section Section Section 110(a)(2). Section 172(c)(3),
110(a)(2)(F). 110(a)(2)(F), Section
Sec. 112. 182(a)(3)(A), and
Section
187(a)(5), Sec.
112
1. Frequency of reporting....... Annual............ Every three years. Annual............ Every three years
2. Estimating period............ Annual............ Annual and Daily Five month season. Annual and Daily
\3\. \3\
3. Areas to which provision Entire U.S. Entire U.S. NOX SIP Call areas Entire U.S.
applies. (Statewide). (Statewide). (Statewide). (Statewide)
4. Pollutants and source size Pollutant......... Pollutant......... Pollutant......... Pollutant Ozone NA
thresholds. areas: \4\
tpy \2\ tpy \2\ tpy \2\ tpy \2\
SOX SOX NOX VOC
2,500 100 100. 10,
NOX NOX ................ NOX
2,500. 100,. Lesser thresholds 100,
VOC VOC to be defined by CO
250. 100. state. 100.
PM10 PM10 ................
250. 100. CO NA areas: \4\
PM2.5 PM2.5 CO
250. 100. 100.
CO CO
2,500. 1,000.
NH3 Pb 5..
250. NH3
100.
All sources not
inventoried as
point sources
shall be
inventoried as
area or mobile
sources and
reported only if
they are to be
controlled to
meet emission
budget.
[[Page 33276]]
PM-10 NA areas:
\4\
PM10
70 (serious),
PM10
100 (moderate).
PM2.5 NA areas:
\4\
PM2.5
100.
Ammonia may be
inventoried as a
point or area
source.
Inventory
includes:
Point
sources specified
tpy.
Area
sources
specified tpy.
Onroad
mobile sources.
Nonroad
mobile sources.
Biogenic
sources.
----------------------------------------------------------------------------------------------------------------
\1\ Previously, the Type A sources and the Type B sources together constituted the annual inventory (40 CFR Part
51.321-323); all such sources were required to report annually.
\2\ tpy = tons per year.
\3\ Ozone daily emissions = summer work weekday; CO daily emissions = winter work weekday; PM daily emissions =
to be defined in consultation with Regional office.
\4\ Thresholds apply to nonattainment areas only; remainder of State uses Type B Source thresholds to
distinguish between point and area sources.
Table 2a.--Data Elements That States Must Report for Point Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Every 3 years
Data elements ---------------------------------------------------------------------------------------------------------------------
Entire U.S. NOX SIP call Entire U.S. NAA NOX SIP call
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission levels (Tons per year)... VOC250 NOX100 VOC100 \1\ VOC10 NOX100
NOX2500 Lesser thresholds to NOX100 \1\ NOX100
SOX2500 be defined by state SOX100 \1\ PM10 70
PM10 250 PM10 100 \1\ CO 100
PM2.5 250 PM2.5 100
CO2500 CO1000
NH3 250 Pb5
NH3 100
1. Inventory year................
2. Inventory start date.......... ......................
3. Inventory end date............ ......................
4. Inventory type................ ......................
5. State FIPS code...............
6. County FIPS code..............
7. Federal ID code (plant).......
8. Federal ID code (point).......
9. Federal ID code (process).....
10. Site name.....................
11. Physical address..............
12. SCC...........................
13. Heat content (fuel) (annual)..
14. Ash content (fuel) (annual)... ...................... .....................
15. Sulfur content (fuel) (annual) ...................... .....................
16. Heat content (fuel) (seasonal) ...................... ...................... .....................
17. Source of fuel heat content... ...................... ...................... .....................
18. Pollutant code................
19. Activity/throughput (annual)..
20. \2\ Activity/throughput
(daily).
21. Activity/throughput (NOX ozone ...................... ...................... .....................
season).
22. Source of activity/throughput ...................... ...................... .....................
(NOX ozone season).
23. Work weekday emissions........
24. Annual emissions.............. ...................... .....................
25. NOX Ozone season emissions.... ...................... ...................... .....................
26. Area classification........... ...................... ...................... .....................
27. Emission factor...............
28. Source of emission factor..... ...................... ...................... .....................
[[Page 33277]]
29. Winter throughput (%)......... ...................... .....................
30. Spring throughput (%).........
31. Summer throughput (%).........
32. Fall throughput (%)...........
33. Hr/day in operation...........
34. Start time (hour).............
35. Day/wk in operation...........
36. Wk/yr in operation............
37. Federal ID code (stack number) ......................
38. X stack coordinate (latitude). ...................... ......................
39. Y stack coordinate (longitude) ...................... ......................
40. Stack height.................. ...................... ...................... ......................
41. Stack diameter................ ...................... ...................... ......................
42. Exit gas temperature.......... ...................... ...................... ......................
43. Exit gas velocity............. ...................... ...................... ......................
44. Exit gas flow rate............ ...................... ...................... ......................
45. SIC/NAICS..................... ...................... ......................
46. Design capacity............... ...................... ......................
47. Maximum nameplate capacity.... ...................... ......................
48. Primary control eff (%)....... ...................... ...................... ![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif)