Advocacy Comments on EPA’s Proposal to Significantly Expand Air Emissions Reporting Requirement

On August 9, 2023, the EPA proposed a significant revision to the Air Emissions Reporting Requirement (AERR). The revision would expand the number of small entities subject to the AERR and increase the amount of information that would need to be reported. The EPA recognizes that this rule could have an extensive economic impact on a substantial number of small entities. The EPA stated its intent to develop emissions estimation tools to reduce the burden on small businesses.

Advocacy is concerned that the EPA’s proposed rule would impose an undue hardship on small entities if the EPA cannot develop the tools small entities will need within a reasonable timeframe. Given how large the Clean Air Act penalties can be small entities do not want to risk noncompliance. While the rule is unclear on what small entities should do in the absence of these tools, the obligation would remain to determine whether they exceed the reporting thresholds and are obliged to report.

The EPA should reconsider this proposed rule. Throughout deliberation, each sector should be individually considered, with a focus on those Hazardous Air Pollutants (HAPs) most relevant to the facilities and processes in that sector. Further, the EPA should consider its constraints for the timely development of emission estimation tools, and delay imposing requirements on small entities until a plan and committed resources are available to address the full scope of needs on a sector-by-sector basis.


Comment Letter, Revisions to the Air Emissions Reporting Requirements (PDF, 191 KB)

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