Air Emissions Reporting Requirements

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule; amendments.

SUMMARY:

Today's action proposes changes to EPA's emission inventory reporting requirements. The proposed amendments would consolidate, reduce, and simplify the current requirements; add limited new requirements; and provide additional flexibility to States in the way they collect and report emissions data. The proposed amendments would also accelerate the reporting of emissions data to EPA by State and local agencies. The EPA intends to issue final amendments during 2006.

DATES:

Comments must be received on or before May 3, 2006. Under the Paperwork Reduction Act, comments on the information collection provisions must be received by OMB on or before February 2, 2006.

The EPA will hold a public hearing on today's proposal only if requested by February 2, 2006.

ADDRESSES:

Submit your comments, identified by Docket ID No. OAR-2004-0489, by one of the following methods:

• http://www.regulations.gov . Follow the on-line instructions for submitting comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566-1741.
• Mail: Air Emissions Reporting Requirements Rule, Docket No. OAR-2004-0489, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.
• Hand Delivery: EPA Docket Center, 1301 Constitution Avenue, NW., Room B102, Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. OAR-2004-0489. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov, or e-mail. The www.regulations.gov website is “anonymous access” systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm . For additional instructions on submitting comments, go to unit I.B of the SUPPLEMENTARY INFORMATION section of this preamble.

Docket: All documents in the docket are listed in the www.regulations.gov index or in hard copy at the Air Emissions Reporting Requirements Rule, Docket No. OAR-2004-0489, EPA/DC, EPA West, Room B102, 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 Emissions Reporting Requirements Rule, Docket No. OAR-2004-0489 is (202) 566-1742. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT:

For general questions concerning today's action, please contact Bill Kuykendal, U.S. EPA, Office of Air Quality Planning and Standards, Emissions Monitoring and Analysis Division, Mail Code D205-01, Research Triangle Park, NC, 27711, telephone (919) 541-5372, e-mail at kuykendal.bill@epa.gov. For legal questions, please contact Thomas Swegle, U.S. EPA, Office of General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone (202) 564-5546, e-mail at swegle.thomas@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply To Me?

Categories and entities potentially regulated by this action include:

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This action proposes to have States 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 of the proposed amendments. 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.

B. What Should I Consider As I Prepare My Comments for EPA?

1. Expedited Review. To expedite review of your comments by Agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Bill Kuykendal, U.S. EPA, Office of Air Quality Planning and Standards, Emissions Monitoring and Analysis Division, Mail Code D205-01, Research Triangle Park, NC 27711, telephone (919) 541-5372, e-mail kuykendal.bill@epa.gov.

2. Submitting CBI. Do not submit CBI to EPA through www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information identified as CBI only to the following address: Roberto Morales, U.S. EPA, Office of Air Quality Planning and Standards, Mail Code C404-02, Research Triangle Park, NC 27711, telephone (919) 541-0880, e-mail at morales.roberto@epa.gov, Attention Docket ID No. OAR-2004-0489.

3. Tips for preparing your comments. When submitting comments, remember to:

i. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).

ii. Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

iv. Describe any assumptions and provide any technical information and/or data that you used.

v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow it to be reproduced.

vi. Provide specific examples to illustrate your concerns, and suggest alternatives.

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

viii. Make sure to submit your comments by the comment period deadline identified.

C. 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 today's proposed amendments is also available on the Worldwide Web (WWW) through the Technology Transfer Network (TTN). Following the Administrator's signature, a copy of the proposed amendments will be placed on the TTN at 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) 541-5384. A copy of the proposed amendments and fact sheet will also be posted at http://www.epa.gov/interstateairquality.

D. Will There Be a Public Hearing?

The EPA will hold a public hearing on today's proposal only if requested by February 2, 2006. The request for a public hearing should be made in writing and addressed to Bill Kuykendal at U.S. EPA, Office of Air Quality Planning and Standards, Emissions Monitoring and Analysis Division, Mail Code D205-01, Research Triangle Park, NC 27711. The hearing, if requested, will be held on a date and at a place published in a separate Federal Register notice.

E. How Is This Document Organized?

The information presented in this preamble is organized as follows:

I. General Information

II. Background

A. Existing Emissions Reporting Requirements

B. Proposed Emissions Reporting Requirements

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

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

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

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer Advancement Act

II. Background

In today's action, the Air Emissions Reporting Requirements (AERR) rule, EPA is proposing to amend the emission inventory reporting requirements in 40 CFR part 51, subpart A and in 40 CFR 51.122. In a related action to today's proposed amendments, EPA has promulgated the Clean Air Interstate Rule (CAIR). The EPA believes that it is essential that achievement of the emissions reductions required by the CAIR be verified on a regular basis. Emissions reporting is the principal mechanism to verify these reductions and to assure the downwind affected States and EPA that the ozone and particulate matter (PM) less than or equal to 2.5 micrometers (PM_2.5) transport problems are being mitigated as required by the CAIR. To this end, EPA has promulgated limited new emissions reporting requirements for States under the CAIR. However, in the CAIR, we explained that there are additional reporting requirements that we believe are important and did not finalize under the CAIR. We are proposing these requirements in today's action. The proposed amendments would also remove or simplify some current emissions reporting requirements which we believe are not necessary or appropriate, for reasons explained below.

Because we are proposing to consolidate and harmonize the new emissions reporting requirements proposed today with two pre-existing sets of emissions reporting requirements, we review in today's action the purpose, authority, and history of emissions reporting requirements in general.

Emissions 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, PM, and carbon monoxide (CO). Pursuant to its authority under sections 110 and 172 of the CAA, EPA has long required State implementation plans (SIPs) to provide for the submission by States to EPA of emissions inventories containing information regarding the emissions of criteria pollutants and their precursors (e.g., volatile organic compounds (VOC)). The EPA codified these 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 provisions of the CAA related to the attainment of the NAAQS and the protection of visibility in Class I areas. These revisions established new periodic emissions 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 emissions inventory every 3 years for ozone nonattainment areas beginning in 1993. Similarly, section 187(a)(5) required States to submit an inventory every 3 years for CO nonattainment areas. The EPA, however, did not immediately codify these statutory requirements in the CFR, but simply relied on the statutory language to implement them.

In 1998, EPA promulgated the NO_X SIP Call which requires the affected States and the District of Columbia to submit SIP revisions providing for nitrogen oxides (NO_X) reductions to reduce their adverse impact on downwind ozone nonattainment areas. (See 63 FR 57356, October 27, 1998). As part of that rule, codified in 40 CFR 51.122, EPA established emissions reporting requirements to be included in the SIP revisions required under that action.

Another set of emissions reporting requirements, termed the Consolidated Emissions Reporting Rule (CERR), was promulgated by EPA in 2002, and is codified at 40 CFR part 51, subpart A. (See 67 FR 39602, June 10, 2002). These requirements replaced the requirements previously contained in subpart Q, expanding their geographic and pollutant coverages while simplifying them in other ways.

The principal statutory authority for the emissions inventory reporting requirements outlined in this preamble is found in CAA section 110(a)(2)(F), which provides that SIPs must 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 301(a) of the CAA provides authority for EPA to promulgate regulations under this provision.

A. Existing Emissions Reporting Requirements

At present, the emissions reporting requirements applicable to States are contained in two different locations: subpart A of 40 CFR part 51 (the CERR) and 40 CFR 51.122 in subpart G (the NO_X SIP Call reporting requirements). This proposed action would consolidate these sections, with modifications as described below. The proposed modifications are intended to achieve the additional reporting needed to verify the reductions required by the CAIR; harmonize, reduce, and simplify the emissions reporting requirements; and make emissions reporting requirements easier.

Under the NO_X SIP Call requirements in 40 CFR 51.122, emissions of NO_X for a defined 5-month ozone season (May 1 through September 30) from sources that the State has subjected to emissions control to comply with the requirements of the NO_X SIP Call are required to be reported by the affected States to EPA every year. However, emissions of sources reporting directly to EPA as part of the NO_X trading program are not required to be reported by the State to EPA every year. The affected States are also required to report ozone season emissions and typical summer day emissions of NO_X from all sources every third year (2002, 2005, etc.) and in 2007. This triennial reporting process does not have an exemption for sources participating in the emissions trading programs. Section 51.122 requires that a number of data elements be reported in addition to ozone season NO_X emissions. These data elements describe some of the source's specific physical and operational parameters.

Emissions reporting under the NO_X SIP Call as first promulgated was required starting for the emissions reporting year 2002, the year prior to the start of the required emissions reductions. The reports are due to EPA on December 31 of the calendar year following the inventory year. For example, emissions from all sources and types in the 2002 ozone season were required to be reported on December 31, 2003. However, because the Court which heard challenges to the NO_X SIP Call delayed the implementation by one year to 2004, no State was required to start reporting until the 2003 inventory year. In addition, EPA recently promulgated a rule to subject Georgia and Missouri to the NO_X SIP Call with an implementation date of 2007. (See 69 FR 21604, April 21, 2004.) For these States, emissions reporting begins with 2006. The emissions reporting requirements under the NO_X SIP Call affect the District of Columbia and 20 States.

As noted above, the other set of emissions reporting requirements is codified at subpart A of part 51. Although entitled the CERR, this rule left in place the separate 40 CFR 51.122 for the NO_X SIP Call reporting. The CERR requirements were aimed at obtaining emissions information to support a broader set of purposes under the CAA than were the reporting requirements under the NO_X SIP Call. The CERR requirements apply to all States and include the reporting of all criteria pollutants and criteria pollutant precursors.

Like the requirements under the NO_X SIP Call, the CERR requires reporting of all sources at 3-year intervals (2002, 2005, etc.). It requires reporting of certain large sources every year. However, the required reporting date under the CERR is 5 months later than under the NO_X SIP Call reporting requirements. Also, emissions must be reported by all States for the entire year, for a typical day in winter, and a typical day in summer, but not for the 5-month ozone season as is required by the NO_X SIP Call. Finally, the CERR and the NO_X SIP Call differ in what non-emissions data elements must be reported.

The final CAIR included three changes to the above described pre-existing emissions reporting requirements. These requirements are as follows:

1. The new States that are subject to the CAIR requirements, but were not subject to the NO_X SIP Call requirements, are required to report their NO_X emissions for the 5-month (May 1-September 30) ozone season on a triennial basis beginning in 2008.

2. The States that are subject to the CAIR for reasons of PM_2.5, must report to EPA a set of specified data elements for all sources each year—regardless of size—subject to new controls adopted specifically to meet the CAIR requirements related to PM_2.5, unless the sources participate in an EPA-administered emissions trading program.

3. The requirement of the NO_X SIP Call for a special all-sources report by affected States for the year 2007, due December 31, 2008, was eliminated.

B. Proposed Emissions Reporting Requirements

Today's action proposes to further consolidate the detailed requirements for emissions reporting by States entirely into subpart A. The proposed amendments would also harmonize the reporting requirements and reduce and simplify them in several ways. The major changes included in the proposed amendments are described below.

Amendments are proposed to subpart A, which contains 40 CFR 51.1 through 51.50, with conforming amendments to 40 CFR 51.122. The proposed amendments would also add new tables to subpart A of part 51.

• In 40 CFR 51.122, we propose to abolish certain requirements entirely and to replace certain requirements with a cross reference to subpart A so that detailed lists of required data elements appear only in subpart A. As amended, 40 CFR 51.122 would continue to specify what pollutants, sources, and time periods the States subject to the NO_X SIP Call must report and when but would no longer list the detailed data elements required for those reports.
• The amended subpart A would list the detailed data elements as well as provide information on submittal procedures, definitions, and other generally applicable provisions.

Taken together, the existing emissions reporting requirements under the NO_X SIP Call, CERR and CAIR are already rather comprehensive in terms of the States covered and the information required. Therefore, the practical impact of the changes proposed today is to impose several new requirements and to accelerate the overall calendar for emission reporting.

In all States, we are proposing to expand the definition of what sources must be reported in point source format, so that fewer sources would be included in nonpoint source emissions. We are proposing to base the requirement for point source format reporting on whether the source is a major source under 40 CFR part 70 for the pollutants for which reporting is required, i.e., for CO, VOC, NO_X, sulfur dioxide (SO₂), PM_2.5, PM₁₀, and ammonia but without regard to emissions of hazardous air pollutants. Currently, the requirement for point source reporting is based on thresholds of actual emissions in the year of the inventory report. While it has always been an option for States to include all such sources, and we know that some States already do, this change may require more sources to be reported as point sources every 3rd year. Affected States will continue to report their actual emissions. The new approach would make it possible to better track changes in source emissions, shutdowns, and startups over time. Because States have an existing list of sources based on 40 CFR part 70 requirements, this approach would result in a more stable universe of reporting point sources, which in turn would facilitate elimination of overlaps and gaps in estimating point source emissions, as compared to nonpoint source emissions. Under this proposal, States would know well in advance of the start of the inventory year which sources would need to be reported. We are proposing that these new requirements begin with the 2008 inventory year, the report for which would be due to EPA by December 31, 2009.

We received a number of comments on this provision regarding point source format reporting when it was made in the CAIR supplemental proposal. The majority of comments supported changing the definition of a point source for reporting purposes to that in 40 CFR part 70. Some comments in opposition to the supplemental proposal appear to have been based on the impression that EPA was proposing reporting of potential rather than actual emissions, which was not the case. While the status as a major source depends on potential to emit, a State must report actual emissions.

In addition to the new requirements, several proposed changes would alter existing reporting requirements on States or provide them with additional options. These proposed changes are summarized in units II.B.1 through II.B.9 of this preamble.

1. Harmonizing Report Due Dates

The NO_X SIP Call rule required the affected States to submit emissions inventory reports for a given ozone season to EPA by December 31 of the following year. The CERR requires similar but not identical reports from all States by the following June 1, five months later. The EPA believes that harmonizing these dates would be efficient for both States and EPA. We are proposing to move the June 1, reporting requirement to the previous December 31. The first reports due under this proposal would be for the year 2008 to be reported by December 31, 2009. We are soliciting comment on an alternative of requiring that point sources be reported on December 31 and other sources on June 1. This approach would eliminate the problem of States having to make two submissions for point sources within a 5-month period and would result in a more timely submission of the emissions information for point sources. A more timely submission would be particularly useful for point sources because point sources generally are the primary subject of control measures in SIPs. The later June 1 submission date for nonpoint sources and mobile sources would allow more time for estimating these emissions sources, which in some cases may require vehicle miles traveled or business activity data that are not available in time for a December 31 submission. In addition, estimating emissions of some types of nonpoint sources requires prior knowledge of emissions and activity levels at point sources of the same industrial type; therefore, it may make sense to stagger the submission deadlines for the different sources.

The EPA solicited comments on a similar provision in the CAIR supplemental proposal. Here, the EPA proposed to harmonize the dates for both the NO_X SIP Call and the CERR at 17 months but asked for comments on a 12 month due date. Several comments were received, all favoring harmonizing the report due date at 17 months. Nonetheless, EPA believes that shortening the reporting cycle to 12 months is possible and desirable. EPA's ultimate goal is to complete the NEI within 12 months of the end of a calendar year. This is consistent with recommendations made by external groups (e.g., NARSTO's Improving Emission Inventories for Effective Air Quality Management Across North America http://www.cgenv.com/Narsto/EmissionInventory.html ). Meeting this goal will require a reporting due date even early than 12 months. However, since the current reporting due date for the NEI is 17 months, a phased approach with a due date of 12 months for the 2008 NEI and earlier due dates in subsequent cycles is appropriate. EPA is confident that States can meet report due dates of 12 months or earlier. To demonstrate this, EPA is currently working with 10 State and local agencies on the Rapid Inventory Development Pilot. Under this pilot project EPA has received 2004 emission estimates from half of the participating State and local agencies by the end of October 2005 (10 months after the end of the year being inventoried). EPA will issue a report on the results of this pilot study.

2. Accelerating Report Due Dates

The EPA believes that the public is best served by making environmental information available as soon as possible. Therefore, we are proposing that the reporting schedule be further accelerated for the triennial year 2011 and all following years by requiring that point sources be reported within 6 months from the end of the calendar year, i.e., by June 30 of the following year. Reporting on all other sources would be required within 12 months, i.e., by December 31 of the following year. There is precedent for requiring reporting of point source emissions data within 6 months. Beginning with the year 1979, States were required, under subpart Q, to report point source emissions data within 6 months. Moreover, we believe that modern web-based source reporting systems will be able to greatly shorten the time it takes States to get emissions reports from sources. We invite comment on alternative reporting schedules from 6 to 12 months for point sources and from 12 to 17 months for all other sources.

3. Reporting Biogenic Emissions

We are proposing to remove a requirement in the existing CERR for reporting annual and typical ozone season day biogenic emissions. Biogenic emissions are estimated by a computer model using meteorological and land use/land cover data as inputs. Because EPA can develop these data inputs directly without having them reported by State, local and Tribal agencies, we believe the requirement for reporting biogenic emissions serves no useful purpose. This change does not affect our expectation that biogenic emissions be appropriately considered in ozone and PM_2.5 attainment demonstrations.

We received a number of comments on this provision when it was made in the CAIR supplemental proposal. All of the comments were in favor of eliminating the biogenic emissions reporting requirement. The EPA is reproposing this change to allow for the maximum opportunity for public comment.

4. Reporting Emission Model Inputs

We are proposing a new provision which would allow States the option of providing emissions inventory estimation model inputs in lieu of actual emissions estimates, for source categories for which prior to the submission deadline EPA develops or adopts suitable emissions inventory estimation models and by guidance defines their necessary inputs. This provision would allow source reporting to take advantage of new emissions estimation tools for greater efficiency, although the States would continue to be required to provide inputs representative of their conditions. If States choose to use this option, EPA will run the emissions model(s) to calculate emissions and will enter the emissions data into the appropriate data base. We propose that this option would be available starting with the reports on 2005 emissions. Furthermore, we invite comment on whether States should be required to provide model inputs for source categories for which they have utilized a widely available emissions model, to improve the transparency of the emission estimates themselves and the overall utility of the submissions in meeting the objectives of the emissions reporting requirements. For example, such inputs would better allow EPA to project future emissions.

We received several comments on this provision in the CAIR supplemental proposal. Most of the comments were in favor of allowing the option of reporting model inputs in lieu of the estimated emissions from the models. However, most of the commenters did not want the reporting of model inputs to become a reporting requirement. Therefore, EPA is reproposing this change to create a State option and inviting comment on making submission of inputs a requirement to allow for the maximum opportunity for public comment.

5. Reporting Summer Day Emissions

We are proposing to retain the requirement for reporting of summer day emissions from all sources (except biogenic sources) at 3-year intervals, but to restrict it to only States with ozone nonattainment areas or States covered by the NO_X SIP Call or CAIR. The NO_X SIP Call requires the reporting of only NO_X emissions for a typical summer day, while the CERR requires the reporting of all criteria pollutants. We propose to restrict the summer day emissions reporting requirement to VOC and NO_X emissions, but we invite comment on whether CO emissions should be required also.

We received several comments on this provision when it was made in the CAIR supplemental proposal. Two of the comments supported retaining the requirement that summer day emissions be reported as required by the CERR. Two of the comments supported EPA's proposed revision to the CERR requirement. One State commented that EPA should not require statewide reporting of summer day emissions, unless it could be demonstrated that these emissions contributed to nonattainment within the State or in other States. The EPA is reproposing this change to allow for the maximum opportunity for public comment.

6. Reporting Winter Work Week Day Emissions

We are proposing to delete the existing requirement that all States report emissions for a winter work week day. This requirement was originally aimed at tracking progress towards attainment of the CO NAAQS. We believe applying this requirement to all States is no longer warranted given that CO violations are currently observed in few areas. We believe we can work directly with the few remaining affected States to monitor efforts to attain the CO NAAQS without requiring formal submission of CO inventories.

We received several comments on this provision in the CAIR supplemental proposal. All of the comments were in favor of eliminating the requirement to report emissions for a winter work week day. The EPA is reproposing this change to allow for the maximum opportunity for public comment.

7. New Data Elements

We are proposing to add several required data elements to the existing rule. These are contact name, contact phone number, emission release point type, control status, emission type, and method accuracy description (MAD) codes.

The contact name and phone number are for the lead contact in the organization submitting the data and are needed to ensure that EPA knows who to contact if issues arise with a data submission.

The emission release point type is a code for the physical configuration of the emission release point (e.g., vertical stack, fugitive, etc.). It is needed to correctly model how emissions are released into the atmosphere.

The control status is a code that represents whether emissions reported are controlled or uncontrolled. It is needed to correctly project future emissions and to correctly evaluate the impact of emission control programs. While data elements related to control equipment are already required, they are not adequate since some control approaches do not involve physical equipment, for example low solvent coatings. We also invite comment on whether with this addition the current data elements that describe emissions control equipment type and efficiency are adequate. We believe it is important for States to report on the manner in which sources are currently controlled so that opportunities for developing control strategies and regulatory development can be assessed, but the existing data elements may not be adequate and appropriate for that purpose. The present data elements related to control measures are primary control efficiency, secondary control efficiency, control device type, and rule effectiveness for point sources; and total capture/control efficiency, rule effectiveness, and rule penetration for nonpoint sources and nonroad mobile sources.

We received a few comments on this provision when it was made in the CAIR supplemental proposal. One commenter said that current data elements were not adequate to fully characterize control efficiencies but did not suggest any specific changes. Other commenters were concerned about reporting burden and opposed the addition of any further reporting requirements. The EPA is reproposing this change to allow for the maximum opportunity for public comment.

The emission type is a code describing the temporal period of emissions reported (e.g., annually, daily, etc.). It is needed to ensure that emissions estimates are used properly.

The method accuracy (MAD) codes are codes that provide information about geographic coordinates including the collection method, accuracy, and other descriptors. We are proposing adding the MAD codes to this rule because EPA's Latitude/Longitude Data Standard requires their collection when latitude and longitude are collected. The MAD codes are horizontal collection method code, horizontal accuracy measure, horizontal reference datum code, reference point code, source map scale number, and coordinate data source code. The EPA believes that many States will be able to report these codes based on existing information. However, in the event that the information needed to report these codes is not available, States will not be required to do additional work since there is a code “don't know.”

8. Identification of New Emissions Related Data Requirements

We invite comment on whether or not additional emissions related data should be required. Commenters may choose to discuss how the reporting of new or currently required data may improve the accuracy, consistency and reliability of emissions inventories. If new emissions related data requirements are identified by commenters, then EPA may choose to issue a supplemental proposal for these proposed amendments detailing specific requirements. The EPA urges commenters who wish to suggest other data elements to comment to that effect early in the 120-day comment period, so that EPA has the option of issuing the supplemental proposal while the 120-day comment period is still open.

9. Revisions to Specific Data Elements

The NO_X SIP Call rule and the CERR contain detailed lists of required data elements in addition to emissions, and each rule has its own set of definitions. The two sets of data elements overlap but are not identical. The NO_X SIP Call rule requires a few more data elements to be reported and defines some data elements differently than the CERR. The EPA has reviewed both lists in light of more recent experiences and insight into the difficulty States face in collecting and submitting these data elements and their utility to EPA, other States, and other users. We are proposing to combine the separate lists of required elements into a single new list of required data elements. A few data elements from the NO_X SIP Call are proposed to be eliminated. The NO_X SIP Call data elements that we are proposing to eliminate are: “Area Designation,” “Federal ID code (plant),” “Federal ID code (point),” “Federal ID code (process),” “Federal ID code (stack number),” “Maximum design rate,” “Work weekday emissions,” “Secondary control efficiency,” “Source of fuel heat content data,” “Source of activity/throughput data,” “Source of emission factor” and “Source of emissions data.” We propose that these relatively minor changes become applicable starting with the first required emissions reports following the promulgation of the final amendments.

There are a number of data elements required in the proposed amendments on which we invite comment as to whether they should be dropped in the final amendments. These are heat content (fuel), ash content (fuel), sulfur content (fuel) for fuels other than coal, activity/throughput, hours per day in operation, days per week in operation, weeks per year in operation, and start time in the day. These data elements have been carried forward from emissions reporting systems dating back many years. We believe it is appropriate to take comment on their current usefulness and sufficiency.

We received several comments in response to this invitation for comments when it was made in the CAIR supplemental proposal. In general, the comments opposed eliminating these as required data elements. Therefore, EPA is reproposing this change to allow for the maximum opportunity for public comment.

At present, States are required to report three particular data elements for point source stacks: Stack diameter, exit gas velocity, and exit gas flow rate. This is a redundant requirement since any one of these can be calculated from the other two. We invite comment on which if any of these data elements to drop from the required list. Our preference would be to collect the data element that is most closely tied to an actual operating measurement. Alternatively, we may allow States to report either exit gas flow or exit gas velocity, at their option.

We received several comments on this provision when it was made in the CAIR supplemental proposal. In general, the comments favored the elimination of one of these as a required data element. The EPA is reproposing this change to allow for the maximum opportunity for public comment.

Finally, we propose to modify 40 CFR 51.35 to provide that if States obtain one-third of their necessary emissions estimates from point sources and/or prepare one-third of their nonpoint or mobile source emissions estimates each year on a rolling basis, they should submit their data as a single package on the required every 3rd year submission date. The current requirement allows States to report these partial emissions estimates annually as they are completed. Our proposal requires that States accumulate all three years of work and then make a single data submission by the due date for the trienniel emission inventory year.

We received two comments on this provision when it was made in the CAIR supplemental proposal. The comments indicated that additional information is needed to better understand why EPA believes that this change is beneficial. The EPA believes that a single submission would allow States to correct and/or update data prior to submitting it to EPA thereby facilitating a more consistant data set. A single submission would also make it more efficient for EPA to quality assure the complete data set rather than doing it on a piecemeal basis. There would also be increased efficiencies in resolving any identified discrepancies with the States. Therefore, EPA is reproposing this change to allow for the maximum opportunity for public comment.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must determine whether the regulatory action is “significant” and therefore subject to review by the Office of Management and Budget (OMB) and to the requirements of the Executive Order. The Executive Order defines a “significant regulatory action” as one that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

Under the terms of Executive Order 12866, it has been determined that this regulatory action is a “significant regulatory action” because it raises novel legal or policy issues. As such, this action was submitted to OMB for Executive Order 12866 review. Changes made in response to OMB suggestions or recommendations will be documented in the public record.

B. Paperwork Reduction Act

The information collection requirements in the proposed amendments have been submitted for approval to the OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The information collection request (ICR) document prepared by EPA has been assigned EPA ICR number 2170.01.

The information collection requirements in the proposed amendments are based on the existing Emission Inventory Reporting Requirements in 40 CFR part 51, subparts A and G. In general, these provisions require each State to compile a statewide inventory of emissions of certain criteria pollutants at least every 3 years for all point, nonpoint, and mobile sources. The information collection requirements for the existing inventory reporting requirements have been approved by OMB under control number 2060-0088.

The information collection requirements in the proposed amendments are mandatory for all States and territories (excluding tribal governments). These requirements are authorized by section 110(a) of the CAA. The reported emissions data are used by EPA to develop and evaluate State, regional, and national control strategies; to assess and analyze trends in criteria pollutant emissions; to identify emission and control technology research priorities; and to assess the impact of new or modified sources within a geographic area. The emission inventory data are also used by States to develop, evaluate, and revise their SIP.

The proposed amendments would add new reporting requirements and would combine these new requirements with existing requirements from the CAIR, CERR, NO_X SIP Call, and the Acid Rain Program. Each of these four existing rules has an approved ICR. The current ICRs are: For the CAIR, ICR No. 2152.01; for the CERR, ICR No. 0916.10; for the NO_X SIP Call, ICR No. 1857; and for the Acid Rain Program, ICR No. 1633.13.

The proposed changes would reduce the information collection burden for each of the 104 respondents by about 13 labor hours per year from current levels. The annual average reporting burden for this collection (averaged over the first 3 years of this ICR) is estimated to decrease by a total of 1,373 labor hours per year with a decrease in costs of $47,450. From the perspective of the sources reporting to the States, EPA does not believe that there will be any change in reporting burden resulting from AERR because the same universe of sources will be required to report to the States. No capital/startup costs or operation and maintenance costs for monitoring equipment are attributable to the proposed amendments. The only costs associated with the proposed amendments are labor hours associated with collection, management, and reporting of the data through existing systems.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR part 51 are listed in 40 CFR part 9.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for the proposed rule, which includes this ICR, under Docket ID number OAR-2004-0489. Submit any comments related to the ICR for these proposed amendments to EPA and OMB. See the ADDRESSES section at the beginning of this notice for where to submit comments to EPA. Send comments to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after January 3, 2006, a comment to OMB is best assured of having its full effect if OMB receives it by February 2, 2006. The final amendments will respond to any OMB or public comments on the information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions.

For the purposes of assessing the impacts of today's proposed amendments on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration; (2) a government jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and that is not dominant in its field.

After considering the economic impacts of today's proposed amendments on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This proposed rule will not impose any requirements on small entities. This action primarily impacts State and local agencies and does not regulate small entities. The proposed amendments would provide States with additional flexibility in how they collect and report emissions data. Rather than entering their emissions data directly, State and local agencies may choose to report the inputs to certain emissions models. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

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 1 year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including Tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements.

The EPA has determined that the proposed amendments do not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any 1 year. No significant costs are attributable to the proposed amendments; in fact, the proposed amendments are estimated to decrease costs associated with emissions inventory reporting. Thus, the proposed amendments are not subject to the requirements of sections 202 and 205 of the UMRA. In addition, the proposed amendments do not significantly or uniquely affect small governments because they contain no requirements that apply to such governments or impose obligations upon them. Therefore, the proposed amendments are not subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”

The proposed amendments do not have federalism implications. They would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132.

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

Executive Order 13175 (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” “Policies that have tribal implications” is defined in the Executive Order to include regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.”

The proposed amendments do not have Tribal implications. They would not have substantial direct effects on Tribal governments, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes, as specified in Executive Order 13175. The Tribal Authority Rule means that Tribes cannot be required to report their emissions to us. Thus, Executive Order 13175 does not apply to the proposed amendments.

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

Executive Order 13045: (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.

The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Order has the potential to influence the regulation. The proposed amendments are not subject to Executive Order 13045 because they are not based on health or safety risks.

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

These proposed amendments are not a “significant energy action” as defined in Executive Order 13211, (66 FR 28355, May 22, 2001) because they are not likely to have a significant adverse effect on the supply, distribution, or use of energy. Further, we believe that the proposed amendments are not likely to have any adverse energy effects.

I. National Technology Transfer Advancement Act

Section 112(d) of the National Technology Transfer Advancement Act of 1995 (NTTAA), Public Law 104-113; 15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities and procurement activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by one or more voluntary consensus standards bodies. The NTTAA requires EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.

The proposed amendments do not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 51

• Environmental Protection
• Administrative practice and procedure
• Air pollution control
• Intergovernmental relations
• Nitrogen oxides
• Ozone
• Particulate matter
• Regional haze
• Reporting and recordkeeping requirements
• Sulfur dioxide

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

PART 51—[AMENDED]

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

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

Subpart A—[Amended]

2. Subpart A is revised to read as follows:

Subpart A—Air Emissions Reporting Requirements General Information for Inventory Preparers

Subpart G—[Amended]

3. Section 51.122 is revised to read as follows: