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Electronic Code of Federal Regulations
Title 40: Protection of Environment
§51.122 Emissions reporting requirements for SIP revisions relating to budgets for NOX emissions.
(a) As used in this section, words and terms shall have the meanings set forth in §51.50.
(b) For its transport SIP revision under §51.121, each state must submit to EPA NOX emissions data as described in this section.
(c) 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) For the every-year reporting cycle, each revision must provide for reporting of NOX emissions data every year 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), including all sources for which the state has adopted measures that differ from the measures incorporated into the baseline inventory for the year 2007 that the state developed in accordance with §51.121(g).
(ii) If sources report NOX emissions data to EPA for a given year pursuant to a trading program approved under §51.121(p) or pursuant to the monitoring and reporting requirements of 40 CFR part 75, then the state need not provide an every-year cycle report to EPA for such sources.
(2) For the three-year cycle reporting, each plan must provide for triennial (i.e., every third year) reporting of NOX emissions data from all sources within the state.
(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.
(d) The data reported in paragraph (b) of this section must meet the requirements of subpart A of this part.
(e) 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 to verify the calculated value of ozone season emissions.
(f) Reporting schedules.
(1) Data collection is to begin during the ozone season 1 year prior to the state's NOX SIP Call compliance date.
(2) Reports are to be submitted according to paragraph (b) of this section.
(3) Through 2011, reports are to be submitted according to the schedule in Table 1 of this paragraph. After 2011, triennial reports are to be submitted every third year and annual reports are to be submitted each year that a triennial report is not required.
Table 1—Schedule for Submitting Reports
(4) States must submit data for a required year within the time specified after the end of the inventory year for which the data are collected. The first inventory (the 2009 inventory year) and all subsequent years will be due 12 months following the end of the inventory year, i.e., the 2009 inventory must be reported to EPA by December 31, 2010.
(g) Data reporting procedures are given in subpart A. When submitting a formal NOX Budget Emissions Report and associated data, states shall notify the appropriate EPA Regional Office.
[73 FR 76558, Dec. 17, 2008]