C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS › Subpart A—Air Emissions Reporting Requirements

40 C.F.R. § 51.15

What data does my state need to report to EPA?

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(a) Pollutants. Report actual emissions of the following (see § 51.50 for precise definitions as required):

(1) Required pollutants for triennial reports of annual (12-month) emissions for all sources and every-year reports of annual emissions from Type A sources:

(i) Sulfur dioxide (SO2).

(ii) Volatile organic compounds (VOC).

(iii) Nitrogen oxides (NOX).

(iv) Carbon monoxide (CO).

(v) Lead and lead compounds.

(vi) Primary PM2.5. As applicable, also report filterable and condensable components.

(vii) Primary PM10. As applicable, also report filterable and condensable components.

(viii) Ammonia (NH3).

(2) A state may, at its option, choose to report NOX and VOC summer day emissions (or any other emissions) as required under the Ozone Implementation Rule or report CO winter work weekday emissions for CO nonattainment areas or CO attainment areas with maintenance plans to the Emission Inventory System (EIS) using the data elements described in this subpart.

(3) A state may, at its option, choose to report ozone season day emissions of NOX as required under the NOX SIP Call and summer day emissions of NOX that may be required under the NOX SIP Call for controlled sources to the EIS using the data elements described in this subpart.

(4) A state may, at its option, include estimates of emissions for additional pollutants (such as hazardous air pollutants) in its emission inventory reports.

(b) Sources. Emissions should be reported from the following sources in all parts of the state, excluding sources located on tribal lands:

(1) Point.

(2) Nonpoint. States may choose to meet the requirements for some of their nonpoint sources by accepting the EPA's estimates for the sources for which the EPA makes calculations. In such instances, states are encouraged to review and update the activity values or other calculational inputs used by the EPA for these sources.

(3) Onroad and Nonroad mobile. (i) Emissions for onroad and nonroad mobile sources must be reported as inputs to the latest EPA-developed mobile emissions models, such as the Motor Vehicle Emissions Simulator (MOVES) for onroad sources or the NMIM for nonroad sources. States using these models may report, at their discretion, emissions values computed from these models in addition to the model inputs.

(ii) In lieu of submitting model inputs for onroad and nonroad mobile sources, California must submit emissions values.

(iii) In lieu of submitting any data, states may accept existing EPA emission estimates.

(4) Emissions for wild and prescribed fires are not required to be reported by states. If states wish to optionally report these sources, they must be reported to the events data category. The events data category is a day-specific accounting of these large-scale but usually short duration emissions. Submissions must include both daily emissions estimates as well as daily acres burned values. In lieu of submitting this information, states may accept the EPA estimates or they may submit inputs (e.g., acres burned, fuel loads) for us to use in the EPA's estimation approach.

(c) Supporting information. You must report the data elements in Tables 2a and 2b in Appendix A of this subpart. We may ask you for other data on a voluntary basis to meet special purposes.

(d) Confidential data. We do not consider the data in Tables 2a and 2b in Appendix A of this subpart confidential, but some states limit release of these types of data. Any data that you submit to EPA under this subpart will be considered in the public domain and cannot be treated as confidential. If Federal and state requirements are inconsistent, consult your EPA Regional Office for a final reconciliation.

[73 FR 76552, Dec. 17, 2008, as amended at 80 FR 8795, Feb. 19, 2015]
Notes of Decisions
Cited in 7 cases, 1973–1975 · leading case: Train v. Nat. Resources Def. Council, Inc., 421 U.S. 60 (1975).
Sort: Relevance Newest Treatment
Train v. Nat. Resources Def. Council, Inc., 421 U.S. 60 (1975). “See 40 CFR §§ 51.15 (c), 52.524 (b) (1974). 4 At least in the case of Florida, this approach has apparently been modified by subsequent adoption of schedules which require compliance by a number of specified sources prior to July 1, 1975.”
The Detroit Edison Co. v. United States Env't Prot. Agency, 496 F.2d 244 (6th Cir. 1974). · cites it 2× “According to 40 C.F.R. § 51.15 (a)(2), individual compliance schedules must be submitted no later than the due date for that first progress report.”
Granite City Steel Co. v. Env't Prot. Agency, 501 F.2d 925 (7th Cir. 1974). · cites it 2× “Such increment of progress or milestone dates were required by 40 CFR § 51.15 (c). Consequently, on June 20, 1973, the EPA Administrator proposed increment of progress dates.”
United States Steel Corp. v. Fri, 364 F. Supp. 1013 (N.D. Ind. 1973). · cites it 2× “§ 1857c-5(a)(2)(B); 40 C.F.R. § 51.15 (a)(1). Plaintiff’s argument is that the failure to specify a violation of a compliance schedule is a violation of the Administrator’s duty to state a violation with reasonable specificity and constitutes sufficient ground for setting the…”
Nat. Resources Def. Council, Inc. v. Env't Prot. Agency, 489 F.2d 390 (5th Cir. 1974). · cites it 2× “See 40 C.F.R. § 51.15 (d), -.32 (1972). 31 We cannot accept the Administrator’s reading of the statute.”
Nat. Resources Def. Council, Inc. v. Env't Prot. Agency, 478 F.2d 875 (1st Cir. 1973). “40 C.F.R. § 51.15 . They further provide that § 1857e-5(f) postponement procedures are not necessary unless a state’s “determination to defer the applicability of any portions(s) of the control strategy with respect to such source(s)” will prevent timely attainment or…”
Nat. Resources Def. Council, Inc. v. Env't Prot. Agency, 489 F.2d 390 (5th Cir. 1974). “See 40 C.F.R. 51.15(d), -.32 (1972). 31 19 We cannot accept the Administrator's reading of the statute.”
— 40 C.F.R. § 51.15(c) — 1 case
The Detroit Edison Co. v. United States Env't Prot. Agency, 496 F.2d 244 (6th Cir. 1974). “According to 40 C.F.R. § 51.15 (a)(2), individual compliance schedules must be submitted no later than the due date for that first progress report.”
— 40 C.F.R. § 51.15(d) — 1 case
Nat. Resources Def. Council, Inc. v. Env't Prot. Agency, 489 F.2d 390 (5th Cir. 1974). “See 40 C.F.R. 51.15(d), -.32 (1972). 31 19 We cannot accept the Administrator's reading of the statute.”
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