EPA announced on July 25, 2023 proposed revisions to the Air Emissions Reporting Requirements (AERR) which would take full effect starting with the 2026 reporting year. They hosted an informational webinar on August 17, 2023 targeted at industry stakeholders. They will host two additional webinars: small business and tribal environmental professionals on August 24, 2023, and environmental justice communities, environmental justice organizations, and members of tribal nations on August 29, 2023. If you would like to attend one of these webinars, please register on EPA’s website.
The proposed revisions update the current AERR to aid EPA’s efforts in determining air quality and exposure issues for the benefit of public health. Furthermore, the proposed revisions would provide local communities with improved data on air pollution impacts that may be linked to various chronic and acute health problems. The proposed revisions are summarized below:
- All point sources must report Criteria Air Pollutant (CAP) and Hazardous Air Pollutant (HAP) emissions annually; major sources will need to report all HAPs while minor sources, including unpermitted sources, will report HAPs that exceed thresholds listed in Appendix A Table 1B of the proposed rule.
- Depending on the state’s level of responsibility, annual emissions may be reported to the applicable state or directly to the EPA.
- Geographic coordinates of release points must be reported.
- Applicable federal regulations must be indicated for all reported emission units.
- Title V facilities must include a valid operating permit number in the emissions report.
- Monitored data or source testing must be used to estimate emissions, if applicable.
- Emission factors and engineering judgment are still valid, but EPA will require an explanation for not using available monitored data or source testing.
- All mobile sources that operate primarily onsite (i.e., mining vehicles, golf carts, etc.) must be reported.
- Multiple options are proposed for reporting non-emergency small generating unit operating data at point source facilities.
- Other minor revisions and additions to the AERR point source reporting requirements include updates to small entity type reporting, portable sources, airport and railyard reporting, reporting code usage, and the “actual emissions” definition.
- EPA proposes a phase-in of all point source requirements with facilities outside of a state’s implementation planning authority reporting directly to EPA starting with the 2025 reporting year, and all facilities reporting either to the state or to EPA starting with the 2026 reporting year.
EPA clarified the non-confidentiality clause in AERR 40 CFR §50.15(d) by citing the 40 CFR 2.301(a)(2)(i) definition of “emission data” which identifies emission data as inherently non-confidential. This requires facilities to disclose annual emissions, throughputs, source test results, emission unit types, and more. EPA does not intend to ask for data that may release trade secrets.
Location impacts reporting requirements
If a facility is located in a state that does not accept responsibility for reporting, the facility must report facility inventory, actual annual HAP emissions, and actual incidental CAP emissions directly to EPA via the Combined Air Emissions Reporting System (CAERS). If a facility is located outside of a state’s implementation planning authority, the facility must report facility inventory, actual annual HAP and CAP emissions, and small non-emergency generating unit data. EPA may also require PFAS reporting for both scenarios. Small businesses, defined as less than 20 employees or less than $3M revenue and excludes the collision shop industry, may report at the facility-wide level instead of the emission unit-level. EPA may rescind this option if a facility’s cancer risk impact is at least 20 ppm and if EPA has notified the facility at least 180 days prior to the next reporting deadline.
Point source test reporting to the Compliance and Emissions Data Reporting Interface (CEDRI) will be required by AERR if the data is not otherwise reported to EPA based on other regulations, is gathered to meet state or EPA requirements, is supported for reporting by CEDRI or a similar electronic reporting system, and if the testing was conducted during routine operations (i.e., not conducted for research purposes of a new project, method, device, or installation). The source testing reports must include unit capacity, load percent capacity during the testing period, unit activity level, operating conditions, and pertinent process data. A description of the test purpose including measured parameters as well as a description of the observed unit including fuels, controls, vents, and source classification code is necessary.
EPA is accepting comments on the proposed revisions to the AERR until October 18, 2023. If you have any questions regarding the proposed revisions or need assistance with the potential implications for your facility, please contact your local Trinity Consultants office or call 800.229.6655.
