AERR

October 18, 2023

USEPA published its proposed revisions to Air Emissions Reporting Requirements (AERR) in August. AERR is a regulation that requires states, local agencies, and some tribes (SLTs) to report annual air emissions to EPA. The comment period has been extended until November, 17, 2023.

EPA is holding a webinar on the proposed rule on October 25, 2023, from 2 pm to 5pm (Eastern Time).

Click HERE to register.

The current regulation allows voluntary reporting of air toxics emissions. EPA uses the data collected and other resources to create the National Emissions Inventory (NEI). NEI supports programs and activities such as Modeling (Air Quality Standards, Risk Analysis, etc.), Trends (Air Quality Trends Report), and Public Information.

AERR currently requires reporting of:

1. Criteria Air Pollutants (CAP – CO, SO2, PM10, PM2.5 and Lead).
2. Precursors (VOC and NOx for Ozone and Ammonia for PM).
3. Point source emissions must be reported as emissions within the facility.
4. States report other emissions (residential wood combustion and mobile sources) as county-wide emission totals.
5. CAP emissions report to SLTs, and SLTs report to EPA. SLTs also accept optional HAP reporting responsibility.

Proposed AERR revisions:

1. No changes to CAP emissions reporting (i.e., SLTs report to EPA).
2. Source test data and Hazardous Air Pollutants to report directly to EPA.
3. Major sources to report all Hazardous Air Pollutants to EPA.
4. Non-major sources with listed industry codes and > HAP thresholds to report HAPs to EPA.
5. Report all point sources every year, starting with 2026 in the year 2027.
6. Report geographic coordinates of release points for point sources.
7. Include emissions from mobile sources operating within the facility.
8. Reporting of Title V Operating Permit Number is required.
9. Report emissions from Small Generating Units: boilers, turbines, IC engines, or other units combusting fuel to generate electricity for grid or on-site use (other than emergency use).
10. Emission data will no longer qualify as confidential information.

Proposed Phase-in of Stationary Point Source Reporting for owners and operators:

1. For years 2026-2029 – 5 months from the end of the inventory year.
2. For the years 2030 and beyond – 3 months from the end of the inventory year.
3. Owners/Operators must report to EPA using CARES – Combined Air Reporting System.

Comments due:

1. November 17, 2023. Send comments via regulations.gov docket ID EPA-HQ-OAR-2004-0489.
2. Find additional information on the proposed rule here.
3. EPA is holding a webinar on the proposed rule on October 25, 2023, from 2 pm to 5pm (Eastern Time). Click HERE to register.

Please direct questions about your facility to your SCS project manager or .

August 16, 2023

Air Emissions Reporting Requirements – AERR

The proposed AERR rule would require nearly 130,000 facilities to report air toxics emissions directly to EPA. It would also give states the option to collect the air toxics data from industry (rather than states) and report it to EPA, provided the Agency approves their program. This proposed action would allow for EPA to annually collect (starting in 2027) hazardous air pollutant (HAP) emissions data for point sources in addition to continuing the criteria air pollutant and precursor (CAP) collection in place under the existing AERR. 

Here are some key things to know about the proposed rule from the EPA website:

1. It would require air toxics (hazardous air pollutant) emissions reporting. While most states voluntarily report air toxics emissions data to EPA now, reporting is not consistent nationwide. The proposal would require many industrial facilities to report air toxics emissions data and offers states the option to report emissions on behalf of the industry sources in their states.
2. It would mean that more facilities must report emissions every year by using the same emissions thresholds every year to determine whether a facility’s detailed emissions information must be reported.
3. It would fill reporting gaps for some portions of Indian country and federal waters. The AERR proposal would require industry to report emissions for certain facilities that operate in those areas and that currently are not reported.
4. It includes provisions to limit the burden on small businesses. The proposal includes flexibilities such as allowing certain small businesses to report a facility’s total air toxics emissions instead of detailed data and exempting many collision repair shops from air toxics reporting requirements.
5. It would provide EPA information that would help the Agency improve its estimates of emissions from prescribed fires. EPA is committed to helping communities and our federal, state, local, and tribal partners manage the health impacts of smoke from wildland fires, including prescribed fires. Prescribed fire is a land management tool that can reduce the likelihood of catastrophic wildfires by reducing the buildup of unwanted fuels.

Additional Resources:

• EPA will take comment on the AERR proposal for 70 days after it is published in the Federal Register. Proposal and webinar registration here.
• Contact or find your state’s air emissions expert.
• Air Compliance Reporting