EPA has determined that existing
provisions of the emissions monitoring, recordkeeping, and
reporting provisions at 40 CFR part 75 are inconsistent with public
health measures currently being implemented to address the novel
coronavirus disease (COVID-19) national emergency. The part 75
regulations apply to almost all electricity generating units in the
contiguous 48 states, as well as several hundred industrial units,
pursuant to the Acid Rain Program, Cross-State Air Pollution Rule
(CSAPR) trading programs, and the NOX SIP Call. Affected units must
monitor and report their mass emissions of SO2 and/or NOX for every
operating hour and in most cases must surrender SO2 and/or NOX
emission allowances equal to their reported emissions under one or
more EPA trading programs. The part 75 regulations require affected
units to perform a variety of tests for certification of monitoring
systems, ongoing quality assurance, and other purposes. In order to
provide a self-enforcing incentive for units to perform required
tests in a timely manner, the regulations provide that if a unit
fails to complete a required test by the applicable deadline, the
unit must report substitute emissions data higher than the unit’s
actual monitored emissions data until the test has been completed.
As the degree of lateness grows, the required substitute data
become more conservative, eventually reaching the unit’s maximum
potential emissions in every operating hour. Higher reported
emissions data will cause the unit to surrender larger quantities
of emission allowances under EPA trading programs, at increased
cost to the unit’s owners. As presently written, the part 75
provisions that automatically require an affected unit to report
substitute data when a test deadline is missed do not take the
unit’s reason for missing the test deadline into account. In the
current COVID-19 emergency there is a widespread effort to limit
social interactions for public health reasons. However, many part
75 tests are performed by outside contractors which would
necessarily result in interactions between plant staff and outside
personnel even during the current emergency. Accordingly, EPA
believes there is an urgent need to revise these provisions to
facilitate plant operation in light of the COVID-19 public health
emergency. The temporary amendments allow an affected unit to
continue to report monitored emissions data as valid instead of
requiring the unit to report higher-than-actual substitute data in
instances where data from a monitoring system would otherwise be
considered invalid solely because of failure to complete a required
test and where the unit’s failure to complete the test is
attributable to a national emergency. The amendments apply to all
types of tests for which a missed deadline would otherwise
automatically result in requirements to report substitute data, but
only during an emergency period (as defined in the amendments). The
amendments do not apply to tests where a deadline is missed for
non-emergency reasons, do not alter any other emissions monitoring
or reporting requirements, and do not alter any existing emissions
limitations. Every unit is required to complete any deferred tests
as soon as practicable after any emergency-related restrictions
relevant to that unit are lifted. The amendments expire 180 days
year after promulgation.
EPA is requesting
emergency clearance for the information collection associated with
temporary amendments to 40 CFR part 75 that are being issued to
take immediate effect in a rule entitled Continuous Emission
Monitoring; Quality-Assurance Requirements During National
Emergencies. The amendments are being issued as an interim final
rule without prior notice and opportunity for comment and will
expire in 180 days unless made permanent in a subsequent action.
EPA requests a decision on this request for emergency clearance
within ten days.
This is a new collection
associated with temporary amendments to 40 CFR part 75 that are
being issued to take immediate effect in a rule entitled
“Continuous Emission Monitoring; Quality-Assurance Requirements
During the COVID-19 National Emergency.”
$10,500
No
No
No
No
No
No
Yes
Courtney Kerwin
202-566-1669
No
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:
(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;
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.
Emergency ICR Justification Memo for IFR amending part 75 QA requirements.docx
Quality-Assurance Requirements During the COVID-19 National Emergency