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Proposed Updates to the Air Emissions Reporting Rule: What Facilities Need to Know

The U.S. Environmental Protection Agency (EPA) has proposed significant revisions to its Air Emissions Reporting Rule (AERR) aimed at improving the accuracy and accessibility of air quality data. These updates are expected to enhance how emissions, particularly hazardous air pollutants (HAPs), are tracked and reported. While the proposal brings important improvements to emissions transparency, it will also impose new responsibilities on facilities across various industries. Here’s what facilities need to prepare for as these changes are implemented.


Key Proposed Changes


  1. Mandatory Reporting of Air Toxics: One of the most impactful changes is the requirement for facilities to report annual emissions of air toxics, also known as hazardous air pollutants. Under current rules, many states voluntarily report this data, but the proposed update would make it mandatory for many industrial facilities nationwide. This change will increase the consistency and availability of emissions data, allowing the EPA to better assess the health risks posed by air toxics and develop appropriate regulations.

  2. Annual Reporting Consistency: The revised rule proposes that facilities report their emissions data every year, with the same emissions thresholds applying annually. This eliminates the current system where reporting thresholds vary, resulting in inconsistent data collection every third year. Facilities will need to ensure that their data is up to date and compliant each year under this more stringent reporting requirement​.

  3. New Reporting Requirements for Indian Country and Federal Waters: For the first time, the EPA’s proposed updates include emissions reporting from facilities located in Indian country and federal waters. This change closes existing gaps in data collection from these regions, where emissions from certain industrial operations were previously underreported. Facilities operating in these areas will need to prepare for increased scrutiny and reporting obligations​.

  4. Site-Specific Emissions Data: The proposed rule will require facilities to provide detailed emissions data, including the amount of specific air toxics released from individual sources such as stacks. While this data is essential for air quality modeling and risk assessments, it also raises concerns about the confidentiality of site-specific production information. Facilities should review their data management practices to ensure compliance without compromising sensitive operational details​.

  5. Streamlined Reporting for Small Businesses: To mitigate the impact on small businesses, the EPA is proposing flexible reporting options. Small businesses may be allowed to report total facility-wide emissions of air toxics rather than detailed emissions estimates, reducing the complexity and cost of compliance. However, businesses that are required to provide detailed emissions data under state regulations will need to report the same information to the EPA.

  6. Impact on Permit Revisions and Public Hearings: As the number of pollutants reported increases, public hearings for permit revisions could become more challenging. Facilities may face greater public scrutiny, particularly regarding the emissions of numerous HAPs, even if emission rates are very low. The increased volume of data could also lead to confusion, potentially complicating discussions around permit revisions​.


Preparing for the Changes


The proposed updates to the AERR will have a broad impact across industries, and facilities should begin preparing for these changes. Key actions include:


  • Assessing Data Collection Practices: Facilities should review and update their emissions monitoring and reporting systems to ensure they can meet the new, more frequent reporting requirements. This may involve investing in new technology or software to streamline data collection and submission.

  • Reviewing Confidentiality Concerns: With the potential exposure of site-specific emissions data, facilities may need to assess how to protect sensitive operational information while complying with the new requirements. Legal counsel or compliance experts can help navigate these concerns.

  • Monitoring Regulatory Developments: As the EPA finalizes the rule, facilities should stay informed about any changes to the proposed requirements and be ready to participate in public comment periods or hearings. Facilities that will be significantly affected by the new requirements may want to consider submitting formal comments or engaging with industry associations to ensure their concerns are represented.

  • Communicating with Stakeholders: Facilities will also need to prepare for increased public awareness of their emissions. Ensuring transparency and clear communication with local communities, regulators, and other stakeholders will be critical to maintaining trust and managing any potential concerns about emissions data.


Conclusion


The proposed updates to the AERR represent a significant shift in how emissions are reported, particularly for hazardous air pollutants. While these changes are aimed at improving public health and environmental protection, they also introduce new challenges for facilities across the country. By preparing early, facilities can manage the increased compliance costs and data reporting requirements while contributing to a more transparent and accurate national emissions inventory.


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