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EPA/OAR RIN: 2060-AT80 Publication ID: Fall 2019 
Title: Revisions to Appendix P to 40 CFR Part 51, Concerning Minimum Emission Reporting Requirements in SIPs 

In this action, EPA intends to update a regulation, appendix P to part 51, promulgated in 1975, specifying what State Implementation Plans (SIPs) must require of sources with continuous monitoring systems for four source categories under which EPA's earliest New Source Performance Standards (NSPS) required new or modified sources to have continuous monitoring systems. The four source categories are fossil fuel-fired steam generators, fluid bed catalytic cracking unit catalyst regenerators, sulfuric acid plants, and nitric acid plants. What EPA specified for SIPs in appendix P to part 51 was, by design, similar to what EPA specified in part 60 NSPS regulations at that time, including the requirement to report excess emissions on a quarterly basis, at a minimum. In 1999, EPA relaxed the reporting frequency for most NSPS from quarterly to semiannual, but didn't change the appendix P to part 51 requirements. As a result, the still-quarterly requirement under appendix P to part 51 is no longer consistent with the NSPS requirements, as originally intended. In this action, EPA would propose to change the part 51 specified required minimum reporting frequency for sources with continuous monitoring systems from quarterly to semiannual. This would allow (but not require) States to reduce, through their SIPs, the required minimum frequency of excess emissions reporting for these four source categories from quarterly to semiannual. This would harmonize the minimum reporting frequency under SIPs with what EPA requires of the same source categories in numerous other, more recent, regulations, e.g., through NSPS (part 60), NESHAP (parts 61 and 63), and the title V operating permits program (parts 70 and 71). Some States assert that quarterly reporting by the affected source categories has proven unnecessary and overly burdensome. A change from quarterly to semiannual minimum reporting frequency, although reducing burden on certain sources and States, would still provide sufficiently timely information to ensure compliance and enable adequate enforcement of applicable requirements.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 51    app. P to 40 CFR 51     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 7401 et seq., Clean Air Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2019 
Final Rule  07/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jonathan Skinner-Thompson
Environmental Protection Agency
Office of Air and Radiation
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-0291

Megan Brachtl
Environmental Protection Agency
Office of Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-2648
Fax:919 541-5315