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(continued)
Delaware......................................... 22,862
District of Columbia............................. 6,657
Georgia.......................................... 150,656
Illinois......................................... 271,091
Indiana.......................................... 230,381
Kentucky......................................... 162,519
Maryland......................................... 81,947
Massachusetts.................................... 84,848
Michigan......................................... 190,908
Missouri......................................... 61,406
New Jersey....................................... 96,876
New York......................................... 240,322
North Carolina................................... 165,306
Ohio............................................. 249,541
Pennsylvania..................................... 257,928
Rhode Island..................................... 9,378
South Carolina................................... 123,496
Tennessee........................................ 198,286
Virginia......................................... 180,521
West Virginia.................................... 83,921
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Total.......................................... $3,031,527
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(ii) (A) For purposes of paragraph (e)(2)(i) of this section, in the case of each State listed in paragraphs (e)(2)(ii)(B) through (E) of this section, the NOX budget is defined as the total amount of NOX emissions from all sources in the specified counties in that State, as indicated in paragraph (e)(2)(i) of this section with respect to the State, which the State must demonstrate that it will not exceed in the 2007 ozone season pursuant to paragraph (g)(1) of this section.
(B) In the case of Alabama, the counties are: Autauga, Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, Dallas, De Kalb, Elmore, Etowah, Fayette, Franklin, Greene, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Macon, Madison, Marion, Marshall, Morgan, Perry, Pickens, Randolph, Russell, St. Clair, Shelby, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston.
(C) In the case of Georgia, the counties are: Baldwin, Banks, Barrow, Bartow, Bibb, Bleckley, Bulloch, Burke, Butts, Candler, Carroll, Catoosa, Chattahoochee, Chattooga, Cherokee, Clarke, Clayton, Cobb, Columbia, Coweta, Crawford, Dade, Dawson, De Kalb, Dooly, Douglas, Effingham, Elbert, Emanuel, Evans, Fannin, Fayette, Floyd, Forsyth, Franklin, Fulton, Gilmer, Glascock, Gordon, Greene, Gwinnett, Habersham, Hall, Hancock, Haralson, Harris, Hart, Heard, Henry, Houston, Jackson, Jasper, Jefferson, Jenkins, Johnson, Jones, Lamar, Laurens, Lincoln, Lumpkin, McDuffie, Macon, Madison, Marion, Meriwether, Monroe, Morgan, Murray, Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach, Pickens, Pike, Polk, Pulaski, Putnam, Rabun, Richmond, Rockdale, Schley, Screven, Spalding, Stephens, Talbot, Taliaferro, Taylor, Towns, Treutlen, Troup, Twiggs, Union, Upson, Walker, Walton, Warren, Washington, White, Whitfield, Wilkes, and Wilkinson.
(D) In the case of Michigan, the counties are: Allegan, Barry, Bay, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Genesee, Gratiot, Hillsdale, Ingham, Ionia, Isabella, Jackson, Kalamazoo, Kent, Lapeer, Lenawee, Livingston, Macomb, Mecosta, Midland, Monroe, Montcalm, Muskegon, Newaygo, Oakland, Oceana, Ottawa, Saginaw, St. Clair, St. Joseph, Sanilac, Shiawassee, Tuscola, Van Buren, Washtenaw, and Wayne.
(E) In the case of Missouri, the counties are: Bollinger, Butler, Cape Girardeau, Carter, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade, Iron, Jefferson, Lewis, Lincoln, Madison, Marion, Mississippi, Montgomery, New Madrid, Oregon, Pemiscot, Perry, Pike, Ralls, Reynolds, Ripley, St. Charles, St. Genevieve, St. Francois, St. Louis, St. Louis City, Scott, Shannon, Stoddard, Warren, Washington, and Wayne.
(3) The State-by-State amounts of the portion of the NOX budget provided in paragraph (e)(1) of this section, expressed in tons, that the States may include in a Phase II SIP submission are as follows:
------------------------------------------------------------------------
Phase II
State incremental
budget
------------------------------------------------------------------------
Alabama................................................ 4,968
Connecticut............................................ 41
Delaware............................................... 660
District of Columbia................................... 1
Illinois............................................... 7,055
Indiana................................................ 4,244
Kentucky............................................... 2,556
Maryland............................................... 780
Massachusetts.......................................... 1,023
Michigan............................................... 1,033
New Jersey............................................. -994
New York............................................... 1,659
North Carolina......................................... 6,026
Ohio................................................... 2,741
Pennsylvania........................................... 10,230
Rhode Island........................................... 192
South Carolina......................................... 4,260
Tennessee.............................................. 2,877
Virginia............................................... 6,168
West Virginia.......................................... 1,124
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Total.............................................. 56,644
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(4)(i) Notwithstanding the State's obligation to comply with the budgets set forth in paragraph (e)(2) of this section, a SIP revision may allow sources required by the revision to implement NOX emission control measures to demonstrate compliance in the first and second ozone seasons in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section using credit issued from the State's compliance supplement pool, as set forth in paragraph (e)(4)(iii) of this section.
(ii) A source may not use credit from the compliance supplement pool to demonstrate compliance after the second ozone season in which any sources are covered by a Phase I or Phase II SIP submission.
(iii) The State-by-State amounts of the compliance supplement pool are as follows:
------------------------------------------------------------------------
Compliance
State supplement pool
(tons of NOX)
------------------------------------------------------------------------
Alabama................................................ 8,962
Connecticut............................................ 569
Delaware............................................... 168
District of Columbia................................... 0
Georgia................................................ 10,728
Illinois............................................... 17,688
Indiana................................................ 19,915
Kentucky............................................... 13,520
Maryland............................................... 3,882
Massachusetts.......................................... 404
Michigan............................................... 9,907
Missouri............................................... 5,630
New Jersey............................................. 1,550
New York............................................... 2,764
North Carolina......................................... 10,737
Ohio................................................... 22,301
Pennsylvania........................................... 15,763
Rhode Island........................................... 15
South Carolina......................................... 5,344
Tennessee.............................................. 10,565
Virginia............................................... 5,504
West Virginia.......................................... 16,709
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Total................................................ 182,625
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(iv) The SIP revision may provide for the distribution of the compliance supplement pool to sources that are required to implement control measures using one or both of the following two mechanisms:
(A) The State may issue some or all of the compliance supplement pool to sources that implement emissions reductions during the ozone season beyond all applicable requirements in the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section.
(1) The State shall complete the issuance process by no later than the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section.
(2) The emissions reduction may not be required by the State's SIP or be otherwise required by the CAA.
(3) The emissions reductions must be verified by the source as actually having occurred during an ozone season between September 30, 1999 and the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section.
(4) The emissions reduction must be quantified according to procedures set forth in the SIP revision and approved by EPA. Emissions reductions implemented by sources serving electric generators with a nameplate capacity greater than 25 MWe, or boilers, combustion turbines or combined cycle units with a maximum design heat input greater than 250 mmBtu/hr, must be quantified according to the requirements in paragraph (i)(4) of this section.
(5) If the SIP revision contains approved provisions for an emissions trading program, sources that receive credit according to the requirements of this paragraph may trade the credit to other sources or persons according to the provisions in the trading program.
(B) The State may issue some or all of the compliance supplement pool to sources that demonstrate a need for an extension of the earliest date on which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section according to the following provisions:
(1) The State shall initiate the issuance process by the later date of September 30 before the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section or after the State issues credit according to the procedures in paragraph (e)(4)(iv)(A) of this section.
(2) The State shall complete the issuance process by no later than the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section.
(3) The State shall issue credit to a source only if the source demonstrates the following:
(i) For a source used to generate electricity, compliance with the SIP revision's applicable control measures by the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section, would create undue risk for the reliability of the electricity supply. This demonstration must include a showing that it would not be feasible to import electricity from other electricity generation systems during the installation of control technologies necessary to comply with the SIP revision.
(ii) For a source not used to generate electricity, compliance with the SIP revision's applicable control measures by the commencement of the first ozone season in which any sources covered by a Phase I or Phase II SIP submission are subject to control measures under paragraph (b)(1)(i) of this section would create undue risk for the source or its associated industry to a degree that is comparable to the risk described in paragraph (e)(4)(iv)(B)(3)(i) of this section.
(iii) For a source subject to an approved SIP revision that allows for early reduction credits in accordance with paragraph (e)(4)(iv)(A) of this section, it was not possible for the source to comply with applicable control measures by generating early reduction credits or acquiring early reduction credits from other sources.
(iv) For a source subject to an approved emissions trading program, it was not possible to comply with applicable control measures by acquiring sufficient credit from other sources or persons subject to the emissions trading program.
(4) The State shall ensure the public an opportunity, through a public hearing process, to comment on the appropriateness of allocating compliance supplement pool credits to a source under paragraph (e)(3)(iv)(B) of this section.
(5) If, no later than February 22, 1999, any member of the public requests revisions to the source-specific data and vehicle miles traveled (VMT) and nonroad mobile growth rates, VMT distribution by vehicle class, average speed by roadway type, inspection and maintenance program parameters, and other input parameters used to establish the State budgets set forth in paragraph (e)(2) of this section or the 2007 baseline sub-inventory information set forth in paragraph (g)(2)(ii) of this section, then EPA will act on that request no later than April 23, 1999 provided:
(i) The request is submitted in electronic format;
(ii) Information is provided to corroborate and justify the need for the requested modification;
(iii) The request includes the following data information regarding any electricity-generating source at issue:
(A) Federal Information Placement System (FIPS) State Code;
(B) FIPS County Code;
(C) Plant name;
(D) Plant ID numbers (ORIS code preferred, State agency tracking number also or otherwise);
(E) Unit ID numbers (a unit is a boiler or other combustion device);
(F) Unit type;
(G) Primary fuel on a heat input basis;
(H) Maximum rated heat input capacity of unit;
(I) Nameplate capacity of the largest generator the unit serves;
(J) Ozone season heat inputs for the years 1995 and 1996;
(K) 1996 (or most recent) average NOX rate for the ozone season;
(L) Latitude and longitude coordinates;
(M) Stack parameter information ;
(N) Operating parameter information;
(O) Identification of specific change to the inventory; and
(P) Reason for the change;
(iv) The request includes the following data information regarding any non-electricity generating point source at issue:
(A) FIPS State Code;
(B) FIPS County Code;
(C) Plant name;
(D) Facility primary standard industrial classification code (SIC);
(E) Plant ID numbers (NEDS, AIRS/AFS, and State agency tracking number also or otherwise);
(F) Unit ID numbers (a unit is a boiler or other combustion device);
(G) Primary source classification code (SCC);
(H) Maximum rated heat input capacity of unit;
(I) 1995 ozone season or typical ozone season daily NOX emissions;
(J) 1995 existing NOX control efficiency;
(K) Latitude and longitude coordinates;
(L) Stack parameter information;
(M) Operating parameter information;
(N) Identification of specific change to the inventory; and
(O) Reason for the change;
(v) The request includes the following data information regarding any stationary area source or nonroad mobile source at issue:
(A) FIPS State Code;
(B) FIPS County Code;
(C) Primary source classification code (SCC);
(D) 1995 ozone season or typical ozone season daily NOX emissions;
(E) 1995 existing NOX control efficiency;
(F) Identification of specific change to the inventory; and
(G) Reason for the change;
(vi) The request includes the following data information regarding any highway mobile source at issue:
(A) FIPS State Code;
(B) FIPS County Code;
(C) Primary source classification code (SCC) or vehicle type;
(D) 1995 ozone season or typical ozone season daily vehicle miles traveled (VMT);
(E) 1995 existing NOX control programs;
(F) identification of specific change to the inventory; and
(G) reason for the change.
(f) Each SIP revision must set forth control measures to meet the NOX budget in accordance with paragraph (b)(1)(i) of this section, which include the following:
(1) A description of enforcement methods including, but not limited to:
(i) Procedures for monitoring compliance with each of the selected control measures;
(ii) Procedures for handling violations; and
(iii) A designation of agency responsibility for enforcement of implementation.
(2) Should a State elect to impose control measures on fossil fuel-fired NOX sources serving electric generators with a nameplate capacity greater than 25 MWe or boilers, combustion turbines or combined cycle units with a maximum design heat input greater than 250 mmBtu/hr as a means of meeting its NOX budget, then those measures must:
(i)(A) Impose a NOX mass emissions cap on each source;
(B) Impose a NOX emissions rate limit on each source and assume maximum operating capacity for every such source for purposes of estimating mass NOX emissions; or
(C) Impose any other regulatory requirement which the State has demonstrated to EPA provides equivalent or greater assurance than options in paragraphs (f)(2)(i)(A) or (f)(2)(i)(B) of this section that the State will comply with its NOX budget in the 2007 ozone season; and
(ii) Impose enforceable mechanisms, in accordance with paragraphs (b)(1) (i) and (ii) of this section, to assure that collectively all such sources, including new or modified units, will not exceed in the 2007 ozone season the total NOX emissions projected for such sources by the State pursuant to paragraph (g) of this section.
(3) For purposes of paragraph (f)(2) of this section, the term “fossil fuel-fired” means, with regard to a NOX source:
(i) The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year starting in 1995 or, if a NOX source had no heat input starting in 1995, during the last year of operation of the NOX source prior to 1995; or
(ii) The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year; provided that the NOX source shall be “fossil fuel-fired” as of the date, during such year, on which the NOX source begins combusting fossil fuel.
(g)(1) Each SIP revision must demonstrate that the control measures contained in it are adequate to provide for the timely compliance with the State's NOX budget during the 2007 ozone season.
(2) The demonstration must include the following:
(i) Each revision must contain a detailed baseline inventory of NOX mass emissions from the following sources in the year 2007, absent the control measures specified in the SIP submission: electric generating units (EGU), non-electric generating units (non-EGU), area, nonroad and highway sources. The State must use the same baseline emissions inventory that EPA used in calculating the State's NOX budget, as set forth for the State in paragraph (g)(2)(ii) of this section, except that EPA may direct the State to use different baseline inventory information if the State fails to certify that it has implemented all of the control measures assumed in developing the baseline inventory.
(ii) The revised NOX emissions sub-inventories for each State, expressed in tons per ozone season, are as follows:
----------------------------------------------------------------------------------------------------------------
State EGU Non-EGU Area Nonroad Highway Total
----------------------------------------------------------------------------------------------------------------
Alabama....................................... 29,022 43,415 28,762 20,146 51,274 172,619
Connecticut................................... 2,652 5,216 4,821 10,736 19,424 42,849
Delaware...................................... 5,250 2,473 1,129 5,651 8,358 22,861
District of Columbia.......................... 207 282 830 3,135 2,204 6,658
Georgia....................................... 30,402 29,716 13,212 26,467 88,775 188,572
Illinois...................................... 32,372 59,577 9,369 56,724 112,518 270,560
Indiana....................................... 47,731 47,363 29,070 26,494 79,307 229,965
Kentucky...................................... 36,503 25,669 31,807 15,025 53,268 162,272
Maryland...................................... 14,656 12,585 4,448 20,026 30,183 81,898
Massachusetts................................. 15,146 10,298 11,048 20,166 28,190 84,848
Michigan...................................... 32,228 60,055 31,721 26,935 78,763 229,702
Missouri...................................... 24,216 21,602 7,341 20,829 51,615 125,603
New Jersey.................................... 10,250 15,464 12,431 23,565 35,166 96,876
New York...................................... 31,036 25,477 17,423 42,091 124,261 240,288
North Carolina................................ 31,821 26,434 11,067 22,005 73,695 165,022
Ohio.......................................... 48,990 40,194 21,860 43,380 94,850 249,274
Pennsylvania.................................. 47,469 70,132 17,842 30,571 91,578 257,592
Rhode Island.................................. 997 1,635 448 2,455 3,843 9,378
South Carolina................................ 16,772 27,787 9,415 14,637 54,494 123,105
Tennessee..................................... 25,814 39,636 13,333 52,920 66,342 198,045
Virginia...................................... 17,187 35,216 27,738 27,859 72,195 180,195
West Virginia................................. 26,859 20,238 5,459 10,433 20,844 83,833
Wisconsin..................................... 17,381 19,853 11,253 17,965 69,319 135,771
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Total..................................... 544,961 640,317 321,827 540,215 1,310,466 3,357,786
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Note to paragraph (g)(2)(ii): Totals may not sum due to rounding.
(iii) Each revision must contain a summary of NOX mass emissions in 2007 projected to result from implementation of each of the control measures specified in the SIP submission and from all NOX sources together following implementation of all such control measures, compared to the baseline 2007 NOX emissions inventory for the State described in paragraph (g)(2)(i) of this section. The State must provide EPA with a summary of the computations, assumptions, and judgments used to determine the degree of reduction in projected 2007 NOX emissions that will be achieved from the implementation of the new control measures compared to the baseline emissions inventory.
(iv) Each revision must identify the sources of the data used in the projection of emissions.
(h) Each revision must comply with §51.116 of this part (regarding data availability).
(i) Each revision must provide for monitoring the status of compliance with any control measures adopted to meet the NOX budget. Specifically, the revision must meet the following requirements:
(1) The revision must provide for legally enforceable procedures for requiring owners or operators of stationary sources to maintain records of and periodically report to the State:
(i) Information on the amount of NOX emissions from the stationary sources; and
(ii) Other information as may be necessary to enable the State to determine whether the sources are in compliance with applicable portions of the control measures;
(2) The revision must comply with §51.212 of this part (regarding testing, inspection, enforcement, and complaints);
(3) If the revision contains any transportation control measures, then the revision must comply with §51.213 of this part (regarding transportation control measures);
(4) If the revision contains measures to control fossil fuel-fired NOX sources serving electric generators with a nameplate capacity greater than 25 MWe or boilers, combustion turbines or combined cycle units with a maximum design heat input greater than 250 mmBtu/hr, then the revision must require such sources to comply with the monitoring provisions of part 75, subpart H.
(5) For purposes of paragraph (i)(4) of this section, the term “fossil fuel-fired” means, with regard to a NOX source:
(i) The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year starting in 1995 or, if a NOX source had no heat input starting in 1995, during the last year of operation of the NOX source prior to 1995; or
(ii) The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year, provided that the NOX source shall be “fossil fuel-fired” as of the date, during such year, on which the NOX source begins combusting fossil fuel.
(j) Each revision must show that the State has legal authority to carry out the revision, including authority to:
(1) Adopt emissions standards and limitations and any other measures necessary for attainment and maintenance of the State's NOX budget specified in paragraph (e) of this section;
(2) Enforce applicable laws, regulations, and standards, and seek injunctive relief;
(3) Obtain information necessary to determine whether air pollution sources are in compliance with applicable laws, regulations, and standards, including authority to require recordkeeping and to make inspections and conduct tests of air pollution sources;
(4) Require owners or operators of stationary sources to install, maintain, and use emissions monitoring devices and to make periodic reports to the State on the nature and amounts of emissions from such stationary sources; also authority for the State to make such data available to the public as reported and as correlated with any applicable emissions standards or limitations.
(k)(1) The provisions of law or regulation which the State determines provide the authorities required under this section must be specifically identified, and copies of such laws or regulations must be submitted with the SIP revision.
(2) Legal authority adequate to fulfill the requirements of paragraphs (j)(3) and (4) of this section may be delegated to the State under section 114 of the CAA.
(l)(1) A revision may assign legal authority to local agencies in accordance with §51.232 of this part.
(2) Each revision must comply with §51.240 of this part (regarding general plan requirements).
(m) Each revision must comply with §51.280 of this part (regarding resources).
(n) For purposes of the SIP revisions required by this section, EPA may make a finding as applicable under section 179(a)(1)–(4) of the CAA, 42 U.S.C. 7509(a)(1)–(4), starting the sanctions process set forth in section 179(a) of the CAA. Any such finding will be deemed a finding under §52.31(c) of this part and sanctions will be imposed in accordance with the order of sanctions and the terms for such sanctions established in §52.31 of this part.
(o) Each revision must provide for State compliance with the reporting requirements set forth in §51.122 of this part.
(p)(1) Notwithstanding any other provision of this section, if a State adopts regulations substantively identical to 40 CFR part 96 (the model NOX budget trading program for SIPs), incorporates such part by reference into its regulations, or adopts regulations that differ substantively from such part only as set forth in paragraph (p)(2) of this section, then that portion of the State's SIP revision is automatically approved as satisfying the same portion of the State's NOX emission reduction obligations as the State projects such regulations will satisfy, provided that:
(i) The State has the legal authority to take such action and to implement its responsibilities under such regulations, and
(ii) The SIP revision accurately reflects the NOX emissions reductions to be expected from the State's implementation of such regulations.
(2) If a State adopts an emissions trading program that differs substantively from 40 CFR part 96 in only the following respects, then such portion of the State's SIP revision is approved as set forth in paragraph (p)(1) of this section:
(i) The State may expand the applicability provisions of the trading program to include units (as defined in 40 CFR 96.2) that are smaller than the size criteria thresholds set forth in 40 CFR 96.4(a);
(ii) The State may decline to adopt the exemption provisions set forth in 40 CFR 96.4(b);
(iii) The State may decline to adopt the opt-in provisions set forth in subpart I of 40 CFR part 96;
(iv) The State may decline to adopt the allocation provisions set forth in subpart E of 40 CFR part 96 and may instead adopt any methodology for allocating NOX allowances to individual sources, provided that:
(A) The State's methodology does not allow the State to allocate NOX allowances in excess of the total amount of NOX emissions which the State has assigned to its trading program; and
(B) The State's methodology conforms with the timing requirements for submission of allocations to the Administrator set forth in 40 CFR 96.41; and
(v) The State may decline to adopt the early reduction credit provisions set forth in 40 CFR 96.55(c) and may instead adopt any methodology for issuing credit from the State's compliance supplement pool that complies with paragraph (e)(3) of this section.
(3) If a State adopts an emissions trading program that differs substantively from 40 CFR part 96 other than as set forth in paragraph (p)(2) of this section, then such portion of the State's SIP revision is not automatically approved as set forth in paragraph (p)(1) of this section but will be reviewed by the Administrator for approvability in accordance with the other provisions of this section.
(q) Stay of Findings of Significant Contribution with respect to the 8-hour standard. Notwithstanding any other provisions of this subpart, the effectiveness of paragraph (a)(2) of this section is stayed.
(r)(1) Notwithstanding any provisions of paragraph (p) of this section, subparts A through I of part 96 of this chapter, and any State's SIP to the contrary, the Administrator will not carry out any of the functions set forth for the Administrator in subparts A through I of part 96 of this chapter, or in any emissions trading program in a State's SIP approved under paragraph (p) of this section, with regard to any ozone season that occurs after September 30, 2008.
(2) Except as provided in §51.123(bb), a State whose SIP is approved as meeting the requirements of this section and that includes an emissions trading program approved under paragraph (p) of this section must revise the SIP to adopt control measures that satisfy the same portion of the State's NOX emission reduction requirements under this section as the State projected such emissions trading program would satisfy.
(s) Stay of Finding of Significant Contribution with respect to the 1-hour standard. Notwithstanding any other provisions of this subpart, the effectiveness of paragraph (a)(1) of this section is stayed as it relates to the State of Georgia, only as of September 30, 2005.
[63 FR 57491, Oct. 27, 1998, as amended at 63 FR 71225, Dec. 24, 1998; 64 FR 26305, May 14, 1999; 65 FR 11230, Mar. 2, 2000; 65 FR 56251, Sept. 18, 2000; 69 FR 21642, Apr. 21, 2004; 70 FR 25317, May 12, 2005; 70 FR 51597, Aug. 31, 2005]
§ 51.122 Emissions reporting requirements for SIP revisions relating to budgets for NOX emissions.
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(a) For its transport SIP revision under §51.121, 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 §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 §51.121(g).
(ii) If sources report NOX emissions data to EPA annually pursuant to a trading program approved under §51.121(p) or pursuant to the monitoring and reporting requirements of subpart H of 40 CFR part 75, 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) The data availability requirements in §51.116 must be followed for all data submitted to meet the requirements of paragraphs (b)(1) and (2) 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).
(viii) Site name.
(ix) Physical address.
(x) SCC.
(xi) Pollutant code.
(xii) Ozone season emissions.
(xiii) 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 inventories must include the following data elements:
(i) The data required in paragraphs (c)(1) and (c)(2) of this section.
(ii) X coordinate (longitude).
(iii) Y coordinate (latitude).
(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 non-point 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 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 and triennial inventory purposes, the following data must be reported:
(i) Inventory year.
(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) Data collection is to begin during the ozone season one year prior to the State's NOX SIP Call compliance date.
(2) Reports are to be submitted according to paragraph (b) of this section and the schedule in Table 1. After 2008, trienniel reports are to be submitted every third year and annual reports are to be submitted each year that a trienniel report is not required.
Table 1_Schedule for Submitting Reports
------------------------------------------------------------------------
Data collection year Type of report required
------------------------------------------------------------------------
2002....................................... Trienniel.
2003....................................... Annual.
2004....................................... Annual.
2005....................................... Trienniel.
2006....................................... Annual.
2007....................................... Annual.
2008....................................... Trienniel.
------------------------------------------------------------------------
(3) 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 EPA. Several options are available for data reporting. States can obtain information on the current formats at the following Internet address: http://www.epa.gov/ttn/chief, by calling the EPA Info CHIEF help desk at (919) 541–1000 or by sending an e-mail to info.chief@epa.gov. Because electronic reporting technology continually changes, States are to contact the Emission Inventory Group (EIG) for the latest specific formats.
(2) 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 §51.121(q), 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 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's 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 a non-point source.
(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 (longitude). An object's east-west geographical coordinate.
(42) Y coordinate (latitude). An object's north-south geographical coordinate.
[70 FR 25317, May 12, 2005]
§ 51.123 Findings and requirements for submission of State implementation plan revisions relating to emissions of oxides of nitrogen pursuant to the Clean Air Interstate Rule.
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(a)(1) Under section 110(a)(1) of the CAA, 42 U.S.C. 7410(a)(1), the Administrator determines that each State identified in paragraph (c)(1) and (2) of this section must submit a SIP revision to comply with the requirements of section 110(a)(2)(D)(i)(I) of the CAA, 42 U.S.C. 7410(a)(2)(D)(i)(I), through the adoption of adequate provisions prohibiting sources and otheractivities from emitting NOX in amounts that will contribute significantly to nonattainment in, or interfere with maintenance by, one or more other States with respect to the fine particles (PM2.5) NAAQS. (continued)