Air Emissions Reporting Requirements (AERR) (Proposed Rule)

OMB Control No: 2060-0580	ICR Reference No: 202308-2060-003
Status: Received in OIRA	Previous ICR Reference No: 202110-2060-009
Agency/Subagency: EPA/OAR	Agency Tracking No: 2170.09
Title: Air Emissions Reporting Requirements (AERR) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/10/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2025
Responses	40,400	85
Time Burden (Hours)	1,027,713	48,702
Cost Burden (Dollars)	10,283,208	255,000

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Abstract: This action proposes changes to the current EPA emission inventory reporting requirements in 40 CFR Part 51, Subpart A, also called the Air Emissions Reporting Requirements (AERR). The proposed amendments may require changes to current regulations of air pollution control agencies, meaning state, local, and certain tribal air agencies. The proposed amendments would require these agencies to report emissions data to the EPA using different approaches from current requirements and would require owners/operators of some facilities to report additional emissions data. More specifically, the EPA is proposing to require certain sources report information regarding emission of hazardous air pollutants. The proposed revisions would also define a new approach for optional collection by air agencies of such information on hazardous air pollutants by which state, local and certain tribal air agencies may implement requirements and report emissions on behalf of owners/operators. The proposed revisions would also make the requirements for point sources consistent for every year; phase in earlier deadlines for point source reporting; add requirements for reporting fuel use data for certain sources of electrical generation associated with peak electricity demand; add requirements for reporting activity data for prescribed fires; clarify expectations for reporting data for airports, rail yards, commercial marine vessels, and locomotives; change requirements for nonpoint sources when the EPA has published emissions methods; add a requirement for completing a nonpoint survey; change nonpoint source deadlines; change reporting requirements for nonpoint data when an Indian tribe reports; and make a variety of clarifications and administrative changes. For owners/operators of facilities that meet criteria described in this proposal, the proposed revisions would require emissions reporting of hazardous air pollutants, except when an air agency is approved to report on their behalf; would require sources within Indian country not reported by an air agency to report all identified pollutants to EPA; and would require reporting of performance test and performance evaluation data to the EPA for all tests conducted after the effective date provided in the final rulemaking.

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Authorizing Statute(s): US Code: 42 USC 7401 et seq Name of Law: Clean Air Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AV41	Proposed rulemaking	88 FR 16158	08/09/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name Owners/Operators State, Local, and Tribal Governments (SLTs)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	40,400	85	0	40,315	0	0
Annual Time Burden (Hours)	1,027,713	48,702	0	979,011	0	0
Annual Cost Burden (Dollars)	10,283,208	255,000	0	10,028,208	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Reasons for the addition costs are (1) inclusion of owners/operators preparing for new reporting in 2027, (2) inclusion of existing costs such as state data systems and costs of owners/operators reporting to states, (3) states preparing to report hazardous air pollutants, (4) state developing approach to collect prescribed burning activity, (5) owners/operators reporting source test data electronically for reports they would have already been reporting on paper and (6) direct reporting to EPA from certain facilities outside of state implementation planning authority.

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Annual Cost to Federal Government: $6,381,500

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Marc Houyoux 919 541-3649 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 08/10/2023

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