The U.S. Environmental Protection Agency (EPA) has proposed an important update to the Air Emissions Reporting Requirements (AERR) aimed at collecting additional emissions data vital for conducting air quality and risk analyses. On July 25, 2023, the EPA presented this rule, which can be found published in the Federal Register on August 9, 2023, among other regulatory and non-regulatory activities. This proposal could result in the EPA starting to annually collect hazardous air pollutant (HAP) emissions data for point sources from 2027.
Particularly, this proposed legislation focuses on Per- and polyfluoroalkyl substances (PFAS), a group of man-made chemicals that have been in production since the mid-20th century, and which are recognized for their longevity in the environment and their potential negative health effects on humans.
As reported by Holland & Knight LLP, the EPA’s request for public comments on this proposal signifies a conscious effort by the agency to ensure all possible aspects and implications of this legislation are considered.
- The proposal seeks to require stationary sources to report total HAP emissions in their annual emissions inventories, including calculated emissions at the process level.
- It seeks to add reporting requirements for specific HAPs that were identified during the second Residual Risk Assessment (RRA) as posing regional or national hazards.
- The proposal would also revamp emissions reporting of PFAS-related substances in order to obtain more comprehensive data.
The move to enhance emissions reporting is a step towards establishing an inclusive database that would allow for effective monitoring and evaluation. Legal professionals and key stakeholders must take note and contribute their input to this consultative process.