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EPA/OAR RIN: 2060-AT80 Publication ID: Spring 2020 
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 proposed 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).

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
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  02/21/2020  85 FR 10121   
NPRM Comment Period End  03/23/2020 
Final Rule  10/00/2020 
Additional Information: Docket #:EPA-HQ-OAR-2018-0633
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 221330 Steam and Air-Conditioning Supply; 324110 Petroleum Refineries; 325180 Other Basic Inorganic Chemical Manufacturing; 325311 Nitrogenous Fertilizer Manufacturing 
RIN Data Printed in the FR: No 
Agency Contact:
Lisa Sutton
Environmental Protection Agency
Office of Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-3450
Fax:919 541-5315

Megan Brachtl
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code C539-014,
Research Triangle Park, NC 27711
Phone:919 541-2648
Fax:919 541-5315