On August 9, 2023, EPA released a lengthy proposed rule revising the Air Emissions Reporting Requirements (AERR), which requires state, local, and some tribal agencies (“States”) to collect and report data on air pollutant emissions to EPA.
Perhaps most importantly, the proposed rule would require the reporting of point source emissions of Hazardous Air Pollutants (HAP), as enumerated in Clean Air Act section 112(b) and amended in 40 CFR 63 Subpart C. EPA is proposing to expand the definition of “point source” accordingly to include certain emitters of HAP pollutants. Owners/operators of point sources would be required to report HAP data directly to EPA unless a State chooses to report these emissions on behalf of owners/operators of point sources within the State.
In addition to the reporting of HAP, EPA proposes that:
- Owners/operators of point sources report performance test results and performance evaluations that meet certain criteria;
- States report data on “small generating units” that operate at point sources and meet specific criteria, and
- Point source reporting should be done for the same sources every year, eliminating the current triennial approach that requires more facilities to be reported every third year by making the triennial year thresholds permanent, among a myriad of other changes.
The comment period for the proposed rule was extended until November 17, 2023. Though the proposed changes have varying implementation dates, most importantly, most facilities would be required to begin submitting HAP data for the 2026 inventory year.