[Code of Federal Regulations]
[Title 40, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR51.122]

[Page 159-163]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS--Table of Contents
 
                       Subpart G--Control Strategy
 
Sec. 51.122  Emissions reporting requirements for SIP revisions relating 
to budgets for NOX emissions.

    (a) For its transport SIP revision under Sec. 51.121 of this part, 
each State must submit to EPA NOX emissions data as described 
in this section.
    (b) Each revision must provide for periodic reporting by the State 
of NOX emissions data to demonstrate whether the State's 
emissions are consistent with the projections contained in its approved 
SIP submission.
    (1) Annual reporting. Each revision must provide for annual 
reporting of NOX emissions data as follows:
    (i) The State must report to EPA emissions data from all 
NOX sources within the State for which the State specified 
control measures in its SIP submission under Sec. 51.121(g) of this 
part. This would include all sources for which the State has adopted 
measures that differ from the measures incorporated into the baseline 
inventory for the year 2007 that the State developed in accordance with 
Sec. 51.121(g) of this part.
    (ii) If sources report NOX emissions data to EPA annually 
pursuant to a trading program approved under Sec. 51.121(p) of this part 
or pursuant to the monitoring and reporting requirements of subpart H of 
40 CFR part 75,

[[Page 160]]

then the State need not provide annual reporting to EPA for such 
sources.
    (2) Triennial reporting. Each plan must provide for triennial (i.e., 
every third year) reporting of NOX emissions data from all 
sources within the State.
    (3) Year 2007 reporting. Each plan must provide for reporting of 
year 2007 NOX emissions data from all sources within the 
State.
    (4) The data availability requirements in Sec. 51.116 of this part 
must be followed for all data submitted to meet the requirements of 
paragraphs (b)(1),(2) and (3) of this section.
    (c) The data reported in paragraph (b) of this section for 
stationary point sources must meet the following minimum criteria:
    (1) For annual data reporting purposes the data must include the 
following minimum elements:
    (i) Inventory year.
    (ii) State Federal Information Placement System code.
    (iii) County Federal Information Placement System code.
    (iv) Federal ID code (plant).
    (v) Federal ID code (point).
    (vi) Federal ID code (process).
    (vii) Federal ID code (stack).
    (vii) Site name.
    (viii) Physical address.
    (ix) SCC.
    (x) Pollutant code.
    (xi) Ozone season emissions.
    (xii) Area designation.
    (2) In addition, the annual data must include the following minimum 
elements as applicable to the emissions estimation methodology.
    (i) Fuel heat content (annual).
    (ii) Fuel heat content (seasonal).
    (iii) Source of fuel heat content data.
    (iv) Activity throughput (annual).
    (v) Activity throughput (seasonal).
    (vi) Source of activity/throughput data.
    (vii) Spring throughput (%).
    (viii) Summer throughput (%).
    (ix) Fall throughput (%).
    (x) Work weekday emissions.
    (xi) Emission factor.
    (xii) Source of emission factor.
    (xiii) Hour/day in operation.
    (xiv) Operations Start time (hour).
    (xv) Day/week in operation.
    (xvi) Week/year in operation.
    (3) The triennial and 2007 inventories must include the following 
data elements:
    (i) The data required in paragraphs (c)(1) and (c)(2) of this 
section.
    (ii) X coordinate (latitude).
    (iii) Y coordinate (longitude).
    (iv) Stack height.
    (v) Stack diameter.
    (vi) Exit gas temperature.
    (vii) Exit gas velocity.
    (viii) Exit gas flow rate.
    (ix) SIC.
    (x) Boiler/process throughput design capacity.
    (xi) Maximum design rate.
    (xii) Maximum capacity.
    (xiii) Primary control efficiency.
    (xiv) Secondary control efficiency.
    (xv) Control device type.
    (d) The data reported in paragraph (b) of this section for area 
sources must include the following minimum elements:
    (1) For annual inventories it must include:
    (i) Inventory year.
    (ii) State FIPS code.
    (iii) County FIPS code.
    (iv) SCC.
    (v) Emission factor.
    (vi) Source of emission factor.
    (vii) Activity/throughput level (annual).
    (viii) Activity throughput level (seasonal).
    (ix) Source of activity/throughput data.
    (x) Spring throughput (%).
    (xi) Summer throughput (%).
    (xii) Fall throughput (%).
    (xiii) Control efficiency (%).
    (xiv) Pollutant code.
    (xv) Ozone season emissions.
    (xvi) Source of emissions data.
    (xvii) Hour/day in operation.
    (xviii) Day/week in operation.
    (xix) Week/year in operations.
    (2) The triennial and 2007 inventories must contain, at a minimum, 
all the data required in paragraph (d)(1) of this section.
    (e) The data reported in paragraph (b) of this section for mobile 
sources must meet the following minimum criteria:
    (1) For the annual, triennial, and 2007 inventory purposes, the 
following data must be reported:
    (i) Inventory year.

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    (ii) State FIPS code.
    (iii) County FIPS code.
    (iv) SCC.
    (v) Emission factor.
    (vi) Source of emission factor.
    (vii) Activity (this must be reported for both highway and nonroad 
activity. Submit nonroad activity in the form of hours of activity at 
standard load (either full load or average load) for each engine type, 
application, and horsepower range. Submit highway activity in the form 
of vehicle miles traveled (VMT) by vehicle class on each roadway type. 
Report both highway and nonroad activity for a typical ozone season 
weekday day, if the State uses EPA's default weekday/weekend activity 
ratio. If the State uses a different weekday/weekend activity ratio, 
submit separate activity level information for weekday days and weekend 
days).
    (viii) Source of activity data.
    (ix) Pollutant code.
    (x) Summer work weekday emissions.
    (xi) Ozone season emissions.
    (xii) Source of emissions data.
    (2) [Reserved]
    (f) Approval of ozone season calculation by EPA. Each State must 
submit for EPA approval an example of the calculation procedure used to 
calculate ozone season emissions along with sufficient information for 
EPA to verify the calculated value of ozone season emissions.
    (g) Reporting schedules. (1) Annual reports are to begin with data 
for emissions occurring in the year 2003.
    (2) Triennial reports are to begin with data for emissions occurring 
in the year 2002.
    (3) Year 2007 data are to be submitted for emissions occurring in 
the year 2007.
    (4) 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.
    (h) Data reporting procedures. When submitting a formal 
NOX budget emissions report and associated data, States shall 
notify the appropriate EPA Regional Office.
    (1) States are required to report emissions data in an electronic 
format to one of the locations listed in this paragraph (h). Several 
options are available for data reporting.
    (2) An agency may choose to continue reporting to the EPA Aerometric 
Information Retrieval System (AIRS) system using the AIRS facility 
subsystem (AFS) format for point sources. (This option will continue for 
point sources for some period of time after AIRS is reengineered (before 
2002), at which time this choice may be discontinued or modified.)
    (3) An agency may convert its emissions data into the Emission 
Inventory Improvement Program/Electronic Data Interchange (EIIP/EDI) 
format. This file can then be made available to any requestor, either 
using E-mail, floppy disk, or value added network (VAN), or can be 
placed on a file transfer protocol (FTP) site.
    (4) An agency may submit its emissions data in a proprietary format 
based on the EIIP data model.
    (5) For options in paragraphs (h)(3) and (4) of this section, the 
terms submitting and reporting data are defined as either providing the 
data in the EIIP/EDI format or the EIIP based data model proprietary 
format to EPA, Office of Air Quality Planning and Standards, Emission 
Factors and Inventory Group, directly or notifying this group that the 
data are available in the specified format and at a specific electronic 
location (e.g., FTP site).
    (6) For annual reporting (not for triennial reports), a State may 
have sources submit the data directly to EPA to the extent the sources 
are subject to a trading program that qualifies for approval under 
Sec. 51.121(q) of this part, and the State has agreed to accept data in 
this format. The EPA will make both the raw data submitted in this 
format and summary data available to any State that chooses this option.
    (i) Definitions. As used in this section, the following words and 
terms shall have the meanings set forth below:
    (1) Annual emissions. Actual emissions for a plant, point, or 
process, either measured or calculated.
    (2) Ash content. Inert residual portion of a fuel.
    (3) Area designation. The designation of the area in which the 
reporting source is located with regard to the

[[Page 162]]

ozone NAAQS. This would include attainment or nonattainment 
designations. For nonattainment designations, the classification of the 
nonattainment area must be specified, i.e., transitional, marginal, 
moderate, serious, severe, or extreme.
    (4) Boiler design capacity. A measure of the size of a boiler, based 
on the reported maximum continuous steam flow. Capacity is calculated in 
units of MMBtu/hr.
    (5) Control device type. The name of the type of control device 
(e.g., wet scrubber, flaring, or process change).
    (6) Control efficiency. The emissions reduction efficiency of a 
primary control device, which shows the amount of reductions of a 
particular pollutant from a process' emissions due to controls or 
material change. Control efficiency is usually expressed as a percentage 
or in tenths.
    (7) Day/week in operations. Days per week that the emitting process 
operates.
    (8) Emission factor. Ratio relating emissions of a specific 
pollutant to an activity or material throughput level.
    (9) Exit gas flow rate. Numeric value of stack gas flow rate.
    (10) Exit gas temperature. Numeric value of an exit gas stream 
temperature.
    (11) Exit gas velocity. Numeric value of an exit gas stream 
velocity.
    (12) Fall throughput (%). Portion of throughput for the 3 fall 
months (September, October, November). This represents the expression of 
annual activity information on the basis of four seasons, typically 
spring, summer, fall, and winter. It can be represented either as a 
percentage of the annual activity (e.g., production in summer is 40 
percent of the year's production), or in terms of the units of the 
activity (e.g., out of 600 units produced, spring = 150 units, summer = 
250 units, fall = 150 units, and winter = 50 units).
    (13) Federal ID code (plant). Unique codes for a plant or facility, 
containing one or more pollutant-emitting sources.
    (14) Federal ID code (point). Unique codes for the point of 
generation of emissions, typically a physical piece of equipment.
    (15) Federal ID code (stack number). Unique codes for the point 
where emissions from one or more processes are released into the 
atmosphere.
    (16) Federal Information Placement System (FIPS). The system of 
unique numeric codes developed by the government to identify States, 
counties, towns, and townships for the entire United States, Puerto 
Rico, and Guam.
    (17) Heat content. The thermal heat energy content of a solid, 
liquid, or gaseous fuel. Fuel heat content is typically expressed in 
units of Btu/lb of fuel, Btu/gal of fuel, joules/kg of fuel, etc.
    (18) Hr/day in operations. Hours per day that the emitting process 
operates.
    (19) Maximum design rate. Maximum fuel use rate based on the 
equipment's or process' physical size or operational capabilities.
    (20) Maximum nameplate capacity. A measure of the size of a 
generator which is put on the unit's nameplate by the manufacturer. The 
data element is reported in megawatts (MW) or kilowatts (KW).
    (21) Mobile source. A motor vehicle, nonroad engine or nonroad 
vehicle, where:
    (i) Motor vehicle means any self-propelled vehicle designed for 
transporting persons or property on a street or highway;
    (ii) Nonroad engine means an internal combustion engine (including 
the fuel system) that is not used in a motor vehicle or a vehicle used 
solely for competition, or that is not subject to standards promulgated 
under section 111 or section 202 of the CAA;
    (iii) Nonroad vehicle means a vehicle that is powered by a nonroad 
engine and that is not a motor vehicle or a vehicle used solely for 
competition.
    (22) Ozone season. The period May 1 through September 30 of a year.
    (23) Physical address. Street address of facility.
    (24) Point source. A non-mobile source which emits 100 tons of 
NOX or more per year unless the State designates as a point 
source a non-mobile source emitting at a specified level lower than 100 
tons of NOX per year. A non-mobile source which emits less 
NOX per year than the point source threshold is an area 
source.

[[Page 163]]

    (25) Pollutant code. A unique code for each reported pollutant that 
has been assigned in the EIIP Data Model. Character names are used for 
criteria pollutants, while Chemical Abstracts Service (CAS) numbers are 
used for all other pollutants. Some States may be using storage and 
retrieval of aerometric data (SAROAD) codes for pollutants, but these 
should be able to be mapped to the EIIP Data Model pollutant codes.
    (26) Process rate/throughput. A measurable factor or parameter that 
is directly or indirectly related to the emissions of an air pollution 
source. Depending on the type of source category, activity information 
may refer to the amount of fuel combusted, the amount of a raw material 
processed, the amount of a product that is manufactured, the amount of a 
material that is handled or processed, population, employment, number of 
units, or miles traveled. Activity information is typically the value 
that is multiplied against an emission factor to generate an emissions 
estimate.
    (27) SCC. Source category code. A process-level code that describes 
the equipment or operation emitting pollutants.
    (28) Secondary control efficiency (%). The emissions reductions 
efficiency of a secondary control device, which shows the amount of 
reductions of a particular pollutant from a process' emissions due to 
controls or material change. Control efficiency is usually expressed as 
a percentage or in tenths.
    (29) SIC. Standard Industrial Classification code. U.S. Department 
of Commerce's categorization of businesses by their products or 
services.
    (30) Site name. The name of the facility.
    (31) Spring throughput (%). Portion of throughput or activity for 
the 3 spring months (March, April, May). See the definition of Fall 
Throughput.
    (32) Stack diameter. Stack physical diameter.
    (33) Stack height. Stack physical height above the surrounding 
terrain.
    (34) Start date (inventory year). The calendar year that the 
emissions estimates were calculated for and are applicable to.
    (35) Start time (hour). Start time (if available) that was 
applicable and used for calculations of emissions estimates.
    (36) Summer throughput (%). Portion of throughput or activity for 
the 3 summer months (June, July, August). See the definition of Fall 
Throughput.
    (37) Summer work weekday emissions. Average day's emissions for a 
typical day.
    (38) VMT by Roadway Class. This is an expression of vehicle activity 
that is used with emission factors. The emission factors are usually 
expressed in terms of grams per mile of travel. Since VMT does not 
directly correlate to emissions that occur while the vehicle is not 
moving, these non-moving emissions are incorporated into EPA's MOBILE 
model emission factors.
    (39) Week/year in operation. Weeks per year that the emitting 
process operates.
    (40) Work Weekday. Any day of the week except Saturday or Sunday.
    (41) X coordinate (latitude). East-west geographic coordinate of an 
object.
    (42) Y coordinate (longitude). North-south geographic coordinate of 
an object.

[63 FR 57496, Oct. 27, 1998]