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Regulatory Impact Analysis for the Proposed
Revisions to the Air Emissions Reporting
Requirements


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EPA-452/P-23-003
July 2023

Regulatory Impact Analysis of the Proposed Revisions to the Air Emissions Reporting

Requirements

U.S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Health and Environmental Impacts Division
Research Triangle Park, NC

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CONTACT INFORMATION

This document has been prepared by staff from the Office of Air and Radiation, U.S.
Environmental Protection Agency. Questions related to this document should be addressed to the
Air Economics Group in the Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Office of Air and Radiation, Research Triangle Park, North Carolina 27711
(email: OAQPSeconomics@epa.gov).

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Contents

1	INTRODUCTION	8

1.1	Background	9

1.2	Purpose of the Proposed Rule	10

1.3	Authority for the Proposed Rule	10

1.4	Summary of RIA Results	13

1.5	Previously Unquantified Costs of Inventories for State Implementation Plans	15

1.6	Organization of this Report	16

2	INDUSTRY PROFILE	17

3	COST AND IMPACT ESTIMATES	19

3.1	Baseline for the Proposed Rule	19

3.2	Labor Cost Assumptions	20

3.3	Number of state, local, and tribal (SLT) respondents	21

3.4	Burden for SLT respondents	22

3.4.1	SLT burden for one-time activities under the proposed AERR	26

3.4.2	SLT annual activities under proposed AERR	31

3.4.3	SLT triennial activities under proposed AERR	33

3.4.4	SLT burden for annual and triennial years	36

3.5	Number of owners/operators responding	55

3.5.1	Estimated number of facilities reporting emissions data to SLTs	56

3.5.2	Estimated number of facilities reporting emissions data to EPA	58

3.5.3	Estimated number of facilities collecting release point latitude/longitude	61

3.6	Burden on owners/operators	62

3.6.1	Estimating burden of source testing	62

3.6.2	Burden for Owners/Operators for emissions reports	64

3.7	State/local/tribal burden	68

3.8	Owners/operators burden	74

3.9	Costs of the Proposed Action for 2027 and Beyond	85

3.10	Costs in Terms of Present Value and Equivalent Annualized Value	93

3.11	Employment Impacts	95

3.12	Social Welfare Considerations	96

APPENDIX 3-A: Costs of emissions data activities for State Implementation Plans	97

3-A. 1 Number of SLT respondents	97

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3-A.2 SLT burden for emissions-related SIP requirements	102

3-A.3 Burden on Owners/Operators Related to Emissions Inventories for SIPs	104

3-A.4 Total Estimated Costs per Year of Emissions Inventories for SIPs	105

APPENDIX 3-B: Costs of Voluntary activites	107

3-B. 1 Voluntary Reporting Under the Current and Proposed AERR	107

3-B.2 Total Estimated Burden with Comparison of Burden Estimates Associated with Voluntary
Activities with Those of Mandatory Activities	109

4	Initial Regulatory Flexibility Analysis	112

4.1	Introduction	112

4.2	Why Action by the Agency is Being Considered	112

4.3	Objectives of, and Legal Basis for, the Proposed Rule	113

4.4	Number of Small Entities to Which the Proposed Rule Will Apply	117

4.5	Overview of Revisions under Consideration	118

4.6	Cost Impact to Small Entities	120

4.7	Related Federal Rules	121

4.8	Significant Regulatory Alternatives	122

APPENDIX 4-A: Industry Sectors & Number of Small Entities in Various Size Categories	132

5	Benefits Analysis and Benefit-Cost Comparison	155

5.1	Synopsis of Benefits Analysis	155

5.2	Benefits of a more comprehensive air emissions reporting program	156

5.3	Benefits to the Public	157

5.3.1	Policy Development	157

5.3.2	Environmental Justice	158

5.3.3	Builds Public Confidence and Trust	159

5.3.4	Direct Actions	160

5.3.5	Voluntary Programs	161

5.4	Benefits to Industry and Investors	161

5.4.1	Public Relations	161

5.4.2	Standardization	162

5.4.3	Potential Cost Savings and Burden Reduction	163

5.4.4	Data Valuable to Service Industries	164

5.4.5	Data Valuable to Industry Stakeholders	164

5.5	Reducing Uncertainty: Benefits to all Stakeholders	164

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Uncertainties and Limitations


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1 INTRODUCTION

This report is the regulatory impact analysis (RIA) for the proposed revisions to the Air
Emissions Reporting Rule (AERR). The U.S. Environmental Protection Agency (EPA) is
proposing changes to the current EPA emission inventory reporting requirements in 40 CFR Part
51, Subpart A, also called the Air Emissions Reporting Requirements (AERR).

The proposed amendments may require changes to current regulations of air pollution
control agencies, meaning state, local, and certain tribal air agencies. The proposed amendments
would require these agencies to report emissions data to the EPA using different approaches
from current requirements and would require owners/operators of some facilities to report
additional emissions data. More specifically, the EPA is proposing to require certain sources
report information regarding emissions of hazardous air pollutants. The proposed revisions
would also define a new approach for optional collection by air agencies of such information on
hazardous air pollutants by which state, local and certain tribal air agencies may implement
requirements and report emissions on behalf of owners/operators. The proposed revisions would
also make the requirements for point sources consistent for every year; phase in earlier deadlines
for point source reporting; add requirements for reporting fuel use data for certain sources of
electrical generation associated with peak electricity demand; add requirements for reporting
activity data for prescribed fires; clarify expectations for reporting data for airports, rail yards,
commercial marine vessels, and locomotives; change requirements for nonpoint sources when
the EPA has published emissions methods; add a requirement for completing a nonpoint survey;
change nonpoint source deadlines; change reporting requirements for nonpoint data when an
Indian tribe reports; and make a variety of clarifications and administrative changes.

For owners/operators of facilities that meet criteria described in this proposal, the
proposed revisions would require emissions reporting of hazardous air pollutants, except when
an air agency is approved to report on their behalf; would require sources within Indian country
not reported by an air agency to report all identified pollutants to EPA; and would require
reporting of performance test and performance evaluation data to the EPA for all tests conducted
after the effective date provided in the final rulemaking.

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1.1 Background

The EPA promulgated the Air Emissions Reporting Requirements (AERR) in the Federal
Register (73 FR 76539, December 17, 2008) to consolidate and harmonize the emissions
reporting requirements of the oxides of nitrogen (NOx) State Implementation Plan (SIP) Call (73
FR 76558, December 17, 2008 as amended at 80 FR 8796, February 19, 2015; 84 FR 8443,
March 8, 2019) and the Consolidated Emissions Reporting Rule (CERR, 67 FR 39602, June 10,
2002) with the needs of the Clean Air Interstate Rule (CAIR, 70 FR 25161, May 12, 2005). The
EPA subsequently promulgated revisions of Subpart A (80 FR 8787, February 19, 2015), to align
Subpart A with the revised National Ambient Air Quality Standard (NAAQS) for Lead (Pb) (73
FR 66964, November 12, 2008) and the associated Revisions to Lead Ambient Air Monitoring
Requirements (75 FR 81126, December 27, 2010), and to reduce burden on states and local air
agencies by making minor technical corrections. On August 24, 2016, the EPA further revised
Subpart A in the Federal Register (80 FR 58010) with the promulgation of the particulate matter
(PM) with an aerodynamic diameter less than or equal to 2.5 microns (PM2.5) SIP Requirements
Rule to update the emissions reporting thresholds in Table 1 to Appendix A of this subpart.

Under the current AERR, state, local, and some tribal agencies1 are required to report
emissions of criteria air pollutants and precursors (collectively, CAPs) to EPA. Further, these
agencies may optionally report emissions of hazardous air pollutants (HAP) and other pollutants.
For simplicity in the remainder of this document, the term "states" will be used to denote all
agencies that are currently reporting or that could/would report under any revision to the AERR.
Required pollutants under the current rule are carbon monoxide (CO), NOx, volatile organic
compounds (VOC), sulfur dioxide (SO2), ammonia (NH3), PM2.5, PM with an aerodynamic
diameter less than or equal to 10 microns (PM10), and lead (Pb). Some facilities must be reported
as point sources (as defined by the current AERR at 40 CFR 51.50) based on potential-to-emit
(PTE) reporting thresholds for CAPs and an actual emissions reporting threshold for Pb. The
current AERR includes a lower set of point source reporting thresholds for every third year and,

As prescribed by the Tribal Authority Rule (63 FR 7253, February 12, 1998), codified at 40 CFR Part 49, Subpart
A, tribes may elect to seek treatment in the same manner as a state (TAS) status and obtain approval to implement
rules such as the AERR through a Tribal Implementation Plan (TIP), but tribes are under no obligation to do so.
However, those tribes that have obtained TAS status for this purpose are subject to the Subpart A requirements to
the extent allowed in their TIP. Accordingly, to the extent a tribal government has applied for and received TAS
status for air quality control purposes and is subject to the Subpart A requirements under its TIP, the use of the term
state(s) in Subpart A shall include that tribe.

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thus, states are required to report more facilities as point sources on these triennial inventory
years. The remaining requirements in the current rule are for the triennial inventories only, for
which stationary sources must be reported as county total "nonpoint" sources. Agricultural
burning is included as a nonpoint source. States, except for California, must also provide inputs
to the MOtor Vehicle Emissions Simulator (MOVES), while California must submit CAP
emissions for onroad vehicles and nonroad equipment. States are also encouraged to participate
in voluntary reporting of wildfire and prescribed burning activity data, such as the location and
size of burning.

In addition to the annual and triennial reporting requirements in the current rule, the
AERR serves as the reference for the NOx SIP Call (40 CFR Part 51 Subpart G), Regional Haze
requirements (50 CFR Part 51, Subpart P), Ozone SIP Requirements Rules (40 CFR Part 51,
Subparts X, AA, and CC) and the PM2.5 SIP Requirements Rule (40 CFR Part 51, Subpart Z).
These other rules point to the AERR to define certain requirements related to emissions
inventories for SIPs, collectively known as SIP planning inventories.

1.2	Purpose of the Proposed Rule

The proposed amendments in this action would ensure that communities have the data
needed to understand significant source of air pollution that may be impacting them and ensure
that the EPA has sufficient information to identify and solve air quality and exposure problems.
The proposed amendments would also allow the EPA to have information readily available that
the Agency needs to protect public health and perform other activities under the Clean Air Act
(hereafter referenced as the CAA or "the Act"). The EPA has taken a systematic approach in
developing this proposed action to ensure that key emissions information is collected in a
streamlined way, while preventing unnecessary impacts to small entities within the communities
we seek to inform and protect. The proposed amendments would continue EPA's partnership
with states in a way that also respects the framework provided by the CAA.

1.3	Authority for the Proposed Rule

The EPA promulgated the original AERR in 2008 with the intent of streamlining various
reporting requirements including those of Section 182(a)(3)(A) for ozone nonattainment areas
and Section 187(a)(5) for CO nonattainment areas, those under the NOx SIP Call (40 CFR
51.122), and the annual reporting requirements of the CERR. The original AERR and its

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subsequent 2015 revision stem from these various CAA authorities in Sections 110, 114, 172,
182, 187, 189, and 301(a). Likewise, the authority for the EPA to amend the reporting
requirements for CAPs as proposed in this rulemaking stems from these same CAA provisions
that the EPA relied upon to promulgate the original AERR and amend it in the past. The EPA is
not reopening any aspects of the AERR except for those where we are proposing revisions or
taking comment as described in this preamble and the accompanying draft regulatory text
revisions.

This proposed action would additionally require that owners/operators of certain point
sources report certain information on HAP to support the EPA and state needs for HAP data.
Sections 114(a)(1) and 301(a) of the CAA provide the authority for the HAP reporting
requirements contained in this proposed action. These provisions authorize the EPA to collect
data routinely from owners/operators of emissions sources and other entities for the purpose of
carrying out the provisions of the Act.

Section 114(a)(1) of the CAA authorizes the Administrator to, among other things,
require certain persons (explained below) on a one-time, periodic, or continuous basis to keep
records, make reports, undertake monitoring, sample emissions, or provide such other
information as the Administrator may reasonably require. The EPA may require this information
of any person who (i) owns or operates an emission source, (ii) manufactures control or process
equipment, (iii) the Administrator believes may have information necessary for the purposes set
forth in CAA Section 114, or (iv) is subject to any requirement of the Act (except for
manufacturers subject to certain Title II requirements). The information may be required for the
purposes of (1) developing an implementation plan such as those under Sections 110 or 111(d),
(2) developing an emission standard under Sections 111,112, or 129, (3) determining if any
person is in violation of any standard or requirement of an implementation plan or emissions
standard, or (4) "carrying out any provision" of the Act (except for a provision of Title II with
respect to manufacturers of new motor vehicles or new motor vehicle engines).2

The scope of the persons potentially subject to a Section 114(a)(1) information request
(e.g., a person "who the Administrator believes may have information necessary for the purposes

2 Although there are exclusions in section 114(a)(1) regarding certain Title II requirements applicable to
manufacturers of new motor vehicle and motor vehicle engines, section 208 authorizes the gathering of information
related to those areas.

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set forth in" Section 114(a)) and the reach of the phrase "carrying out any provision" of the Act
are quite broad. The EPA's authority to request information extends to persons not otherwise
subject to CAA requirements and may be used for purposes relevant to any provision of the Act.
It is appropriate for the EPA to gather the emissions data required by this proposed action
because such information is relevant to EPA's ability to carry out a wide variety of CAA
provisions, as illustrated by the following description of the uses of such emissions data by EPA.

The EPA's need for CAP emissions data is well documented by the existing records for
the various past AERR rulemaking actions located in the docket for this proposed action. Since
the prior AERR promulgation, the EPA has recognized a gap in the current AERR approach to
collect CAP emissions from all relevant facilities. The current AERR imposes a requirement on
states to "inventory emission sources located on nontribal lands and report this information
to EPA." 40 CFR 51.1 (emphasis added). First, the phrase "nontribal lands" is not defined and
may be leading to confusion. Further, data from sources located within the geographic scope of
Indian country (as defined by 18 U.S. Code ง 1151) are relevant for many purposes, including
regional and national analyses to support the implementation of the Regional Haze Program and
NAAQS for ozone and PM2.5. To address this explicit data gap, the EPA proposes, based on the
authority provided by CAA Section 114(a), to require reporting directly from certain facilities to
the EPA. Specifically, the EPA is proposing that facilities located within Indian country for
which the relevant tribe does not have Treatment as a State (TAS) status or approval to submit
emissions through a Tribal Implementation Plan (TIP), and which are outside the geographic
scope of the relevant state's implementation planning authority,3 will report directly to EPA.

The EPA's need for HAP emissions data stems from CAA requirements that the EPA is
expected to meet. For example, the EPA has many authorities and obligations for air toxic
regulatory development under the many provisions of CAA Section 112, including technology

3 EPA is using the phrase "implementation planning authority" in this context to reflect the fact that in some cases
states may administer approved SIPs in certain areas of Indian country. For instance, in Oklahoma Dept. ofEnvtl.
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014), the D.C. Circuit held that states have initial CAA implementation
planning authority in non-reservation areas of Indian country until displaced by a demonstration of tribal jurisdiction
over such an area. Under the D.C. Circuit's decision, the CAA does not provide authority to states to implement
SIPs in Indian reservations. However, there are also uncommon circumstances where another federal statute
provides authority for a particular state to administer an approved implementation plan in certain areas of Indian
country, which may include certain Indian reservations.

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reviews pursuant to CAA Section 112(d)(6), and risk reviews under CAA Section 112(f)(2).
These provisions are additionally impacted by Executive Order 12898, which overlays
environmental justice considerations for the EPA to assess as part of such work. HAP emissions
data also can be useful in further refining chemical speciation to better meet the Agency's
responsibilities under CAA Part D that require air quality modeling using emissions data to
support NAAQS implementation. VOC chemical speciation is a critical part of such modeling
and can be informed by emissions of HAP VOC. The EPA is additionally authorized (and in
some cases, obligated) to assess the risks of pollutants, and EPA's Integrated Risk Information
System (IRIS) program uses HAP emissions data and estimated modeled risk from those data to
allow the EPA to prioritize which pollutants most need attention. Finally, the EPA implements
compliance and enforcement programs per CAA Sections 113 and 114(a), (b), and (d), and HAP
emissions data would support prioritization of those compliance and enforcement efforts. This
discussion is not a comprehensive listing of all the possible ways the HAP information collected
under this proposed action could assist the EPA in carrying out any provision of the CAA.
Rather it illustrates how the information request fits within the parameters of EPA's CAA
authority.

The EPA has also identified that many air emissions sources operating in Federal waters
are not subject to emissions reporting under this subpart. The CAA Section 328 provides the
EPA the authority to "establish requirements to control air pollution from Outer Continental
Shelf sources located off-shore of the States along the Pacific, Artie, and Atlantic Coasts, and
along the United States Gulf Coast off the State of Florida eastward of longitude 87 degrees and
30 minutes ("OCS sources") to attain and maintain Federal and State ambient air quality
standards and to comply with the provisions of part C of subchapter I of [the CAA]." To support
the Agency in carrying out this function under the CAA, including data gathering for OCS
sources, the EPA is proposing revisions to this subpart for owners/operators of such sources to
report emissions data to EPA.

1.4 Summary of RIA Results

This proposed rule will impose costs on multiple industries, and state, local, and tribal
authorities, while providing the EPA much additional emissions data to facilitate understanding
of a variety of air quality issues, improve future rulemaking, and provides benefits to the public,

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industry, and investors. The proposed rule does not require additional source measurement, but
rather that owners/operators and states rely on the best available data. The key results of this RIA
are as follows:

Compliance Costs: The proposed rule's cost impact on State, local, tribal government
authorities is estimated at $28.5 million on average annually from 2024 to 2026, and then is
estimated at $27.7 million in 2027. For owners and operators of affected sources, the proposed
rule's cost impact is estimated at $88.9 million on average annually from 2024 to 2026, and then
is estimated at $450.1 million in 2027. Thus, the proposed rule's total cost impact is estimated at
$117.4 million on average annually from 2024 to 2026, and then is estimated at $477.9 million
in 2027. The increase in costs for owners and operators of affected sources in 2027 reflects full
implementation of the proposed rule if finalized for the entire population of affected sources. For
the 2024-2026 time period, the EPA estimates the proposed rule would impact 85
state/1 ocal/tribal respondents, 40,315 owners/operators gathering certain data for reporting
starting in 2027, and 819 owners/operators of facilities within Indian country for reporting in
2026. Also during this period, the EPA estimates that owners/operators of 13,420 facilities would
report source test and performance evaluation data each year. Based on these proposed
requirements, states would continue to collect emissions data from owners/operators of an
estimated 13,420 facilities (based on state regulations requiring owners/operators to do so).
Starting in 2027, owners/operators of an estimated additional 129,500 facilities from which this
proposed rule would require HAP reporting and for about 235 owners/operators, reporting of
small generation unit data.

In addition, the EPA's expected annual capital costs for its data systems needed from
2024 through 2026 are $600,000. EPA's additional annual system development, operations, and
maintenance costs are expected to be $3,625,000. All costs are in 2021 dollars.

As part of fulfilling analytical guidance with respect to E.O. 12866, EPA presents
estimates of the present value (PV) of the social costs of the proposal over the period 2024 to
2033. To calculate the present value of the social costs of the proposed rule, annual costs are
discounted to 2023 at 3 percent and 7 discount rates as directed by OMB's Circular A-4. The
EPA also presents the equivalent annualized value (EAV), which represents a flow of constant
annual values that, had they occurred in each year from 2024 to 2033, would yield a sum

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equivalent to the PV. The EAV represents the value of a typical cost or benefit for each year of
the analysis, consistent with the estimate of the PV, in contrast to the year-specific estimates
mentioned earlier in the RIA. The present value (PV) of the compliance costs, in 2021 dollars
and discounted to 2023, is $2.41 billion when using a 7 percent discount rate and $3.06 billion
when using a 3 percent discount rate. The equivalent annualized values (EAV), an estimate of
the annualized value of the costs consistent with the present values, is $343 million when using a
7 percent discount rate and $358 million when using a 3 percent discount rate. Table 3-27 in
Chapter 3 provides the discounted costs for each year in the 2024-2033 analytical time period.

Small Business Impacts: Given the large number of affected sources and the potential for a
substantial number of small entities (businesses or governments) to be impacted, the EPA agreed
to have a Small Business Advisory Review (SBAR) Panel established to work with potentially
affected small entities to examine alternatives to reduce potential impacts to these entities. In
compliance with the Regulatory Flexibility Act (RFA) as amended by Small Business
Enforcement Fairness Act (SBREFA), the SBAR Panel prepared a report documenting the
activities and finding of the Panel. The findings and discussion of potential alternatives to
mitigate small entity impacts are in Chapter 4 of the RIA.

Benefits: The benefits of this proposal are discussed qualitatively in Chapter 5. These benefits
include but are not limited to greater disclosure of HAP emissions to the public, more extensive
data for use in rulemakings by the EPA and state, local, and tribal authorities, and more data for
use by investors in making decisions on investments. There are no monetized benefits estimates
for this proposal since there are no changes in emissions or environmental effects that can be
determined..

1.5 Previously Unquantified Costs of Inventories for State Implementation Plans

In addition to the burden associated with the proposed AERR revisions, this RIA
provides a separate cost estimate in Appendix 3-A that quantifies the burden associated with
activities that states/locals must do to create emissions inventories needed to comply with certain
Clean Air Act requirements for SIPs. The costs associated with complying with these
requirements have not previously been quantified by EPA, and they are provided here for public
review and comment.

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The reason for including this burden estimate in this RIA (and the associated ICR for the
proposed rule) is the connection between the SIP requirements rules and the AERR. The AERR
serves as the reference for the NOx SIP Call (40 CFR Part 51 Subpart G), Regional Haze
requirements (50 CFR Part 51, Subpart P), Ozone SIP Requirements Rules (40 CFR Part 51,
Subparts X, AA, and CC) and the PM2.5 SIP Requirements Rule (40 CFR Part 51, Subpart Z).
The AERR is referenced as providing a required data format for numerous SIP inventory
requirements. These other rules point to the AERR to define certain requirements related to
emissions inventories for SIPs, collectively known as SIP planning inventories. Using the AERR
to provide a required data format for SIP planning inventories promotes a consistent approach to
emissions inventory data collection from states.

In addition, as mentioned in section IV of the preamble to the proposed rule, any new
data elements finalized from this proposed action would be collected by states to meet
requirements of the AERR and, therefore, would be available for states to submit as part of their
planning inventories for SIPs. Thus, while the SIP inventory requirements are indirectly
modified by this proposed action, the proposed AERR does not impose additional burden for
nonattainment area inventories because this subpart uses the same requirements for both annual
reporting of point sources and for states' planning inventories for SIPs. However, given the
effect of changes in the AERR on SIP development, presenting the costs associated with the
indirect modifications to SIP inventory requirements provides states with an understanding of
what this burden impact may be.

1.6 Organization of this Report

This report presents the EPA's analysis of the potential benefits, costs, and other
economic effects of the proposed AERR. This RIA includes the following sections:

•	Chapter 2 presents a brief profile of the affected industries and sources.

•	Chapter 3 describes the estimated costs and impacts of the regulation and the indirect
impacts on SIP inventory requirements.

•	Chapter 4 provides discussion and results of the Initial Regulatory Flexibility Analysis
(IRFA).

•	Chapter 5 presents a discussion of the benefits of the proposal, a qualitative comparison of
the proposal benefits to the costs, and overall limitations of the analyses for this proposal.

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2 INDUSTRY PROFILE

This proposal will impact a large number of industries and entities, and will impact a
wide number of state, local and tribal government authorities. There will be 85 state/local/tribal
government authorities that this proposal will affect in the 2024-2026 timeframe and in the year
of full implementation, 2027 and beyond. There are estimated to be 120,954 facilities (40,315
per year) outside of state/local/tribal government authorities that this proposal will affect in the
2024-2026 timeframe and 129,490 sources in 2027 and beyond. Those industries and entities
potentially regulated by this proposed action as listed in Table 2-1 include:

Table 2-1: List of Impacted Categories and Entities

Category

NAICS
code"

Examples of regulated entities

State/local/tribal government

92411

State, territorial, and local government air
quality management programs. Tribal
governments are not affected, unless they have
sought and obtained treatment in the same
manner as a state under the Clean Air Act and
Tribal Authority Rule and, on that basis, are
authorized to implement and enforce the Air
Emissions Reporting Requirements rule.

Major sources

Any

Owners/operators of facilities

Other (than major) sources



Owners/operators of facilities of:



21xxxx,
22xxxx,
3xxxxx
except for
311811

Industrial and manufacturing industries



4247xx

Petroleum and Petroleum Products Merchant
Wholesalers



481xxx

Scheduled Air Transportation



486xxx

Pipeline Transportation



4883xx

Support Activities for Water Transportation

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Category

NAICS
code"

Examples of regulated entities



493xxx

Warehousing and Storage



5417xx

Scientific Research and Development Services



54199x

Other Professional, Scientific, and Technical
Services



56191x

Packaging and Labeling Services



5622xx

Waste Treatment and Disposal



5629xx

Waste Management and Remediation Services



61131x

Colleges, Universities, and Professional Schools



6221lx

General Medical and Surgical Hospitals



6223lx

Specialty (except Psychiatric and Substance
Abuse) Hospitals



811121

Automotive Body, Paint and Interior Repair and
Maintenance13



8122xx

Death Care Services



812332

Industrial Launderers



92214x

Correctional Institutions



927xxx

Space Research and Technology



928xxx

National Security and International Affairs

aNorth American Industry Classification System.
b Excluding small businesses for primary NAICS 811121.

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3

COST AND IMPACT ESTIMATES

This chapter presents the EPA's estimates of the costs associated with the proposed rule.
Unless otherwise noted, the proposed revisions in this action would apply for the first inventory
reporting year after the promulgation of this rule if finalized (likely in 2024). At the time of this
proposal, the EPA expects that the final rule will be in place for the 2023 triennial reporting year,
though some provisions would not take effect until later years. These proposed deadlines depend
on an assumed final promulgation date prior to December 2023. If a final version of this subpart
were delayed beyond December 2023, the EPA may delay the phase-in of earlier deadlines.

3.1 Baseline for the Proposed Rule

The impacts of regulatory actions are evaluated relative to a baseline that represents to
the extent possible the world without the regulatory action. It is the starting point for conducting
an analysis of the potential benefits and costs for a proposed regulation. This definition of a
baseline for evaluation of a regulatory action is consistent with the EPA Economic Guidelines.4

In past years, the information collection under the existing AERR has coordinated the
various state emission inventory reporting requirements and has streamlined the activities
involved in submitting certain emissions data to the EPA. The proposed collection would
(1) continue this coordination to enable the EPA to achieve uniformity and completeness in a
national inventory to support national, regional, and local air quality planning and attainment of
NAAQS and planning needed for meeting regional haze requirements, (2) greatly improve HAP
data collections that are voluntary under the existing AERR, but are proposed herein to become
mandatory, (3) fill other identified gaps in emissions inventories for sources within Indian
country, for certain small generation units, and for prescribed fires nationally, and (4) greatly
improve the availability of data necessary for creating emissions factors.

The draft Information Collection Request (ICR) for this proposed action includes
collection of both mandatory and voluntary data from states (defined to include certain local and
tribal governments) for annual and more extensive triennial collections of emissions data. The

4 U.S. EPA, Guidelines for Preparing Economic Analyses, December 2010. Chapter 5 (Baseline). P. 5-1. Available
on the Internet at https://www.epa.gov/sites/default/files/2017-09/documents/ee-0568-05.pdf.

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draft ICR also covers the proposed collection of mandatory and voluntary data from
owners/operators that emit emissions at or above proposed reporting thresholds and that perform
source tests. The baseline for this proposed action presumes that data that is currently voluntarily
collected is to be an incremental impact and not one that is to be considered in the analytical
baseline. While the current AERR provides support for voluntary data collection, and many
States and other authorities provide a considerable amount of useful emissions data, the EPA has
significant evidence that the current voluntary reporting program from states is insufficient to
meet the Agency's data needs. In addition, under the current voluntary program, some states
submit extensive HAP data, while other states submit little or no HAP data. Finally, the
longstanding absence of stationary source data from sources within Indian country and the lack
of success in collecting sufficient data for estimating emissions of many prescribed fires in many
states is indicative of several significant gaps in emissions data needed by the EPA to carry out
many required programs. Given the incompleteness of emissions data, we consider the baseline
for this proposed action to best be one that does not include voluntary collection of emissions
data by states and other authorities. While the focus of the draft ICR is the 2024-2026 period,
additional costs from 2027 and beyond are included in this RIA to reflect additional costs
associated with full implementation of the proposed revisions.

The fact many of the data collection requirements in the proposed rule are designed to
codify data collection efforts that are currently voluntary is something that we note given its
importance in characterizing the impacts of this proposal. As an example, the percentage of the
burden estimate that is considered voluntary for States to collect emissions data from nonpoint,
mobile and event sources is roughly one-third of the total burden estimate, as shown later in
Chapter 3. Given that voluntary data collections activities, such as those for HAP emissions, will
now become mandatory, one can argue that there may not be an incremental impact from
codifying the voluntary activities. Thus, if this position is accurate, then the costs for the
proposal as incremental from a baseline as defined earlier in this RIA may be overestimated.

3.2 Labor Cost Assumptions

Labor rates as applied for estimating costs in this RIA were developed using the U.S.
Department of Labor, Bureau of Labor Statistics Web site as of May 2021 as accessed in March

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2022. Hence, the labor costs assessed in this report are in 2021 dollars. Table 3-1 below provides
the rates for state government as well as the rates for industries. An overhead rate of 110 percent
was applied to all rates to derive the loaded rates (i.e., including fringe benefits) to be used in the
cost estimates. This is consistent with ICRs prepared for other EPA rulemakings.

Table 3-1: Labor Rates

Employee Type

Employer

Mean
Hourly
Wage

Loaded
Hourly
Rate

Source

Environmental
Engineer

State
Government

$43.25

$90.83

https://www.bls.gov/oes/current/naics4
999200.htm#l 7-0000

Architectural and

Engineering

Managers

State
Government

$56.64

$118.94

https://www.bls.gov/oes/current/naics4
999200.htm#l 7-0000

Network and
Computer
Systems
Administrator

State
Government

$38.58

$81.02

https://www.bls.gov/oes/current/naics4
999200.htm#l 7-0000

Environmental
Engineer

Any

$48.18

$101.18

https://www.bls.gov/oes/current/
oesl72081.htm

Architectural and

Engineering

Managers

Any

$76.43

$160.50

https://www.bls.gov/oes/current/
oesl 19041.htm

3.3 Number of state, local, and tribal (SLT) respondents

Under the proposed AERR, 54 states (including the District of Columbia and 3
territories) and, depending on the reporting year being annual or triennial, additionally between
23 and 31 local and tribal air agencies would be subject to the national reporting requirements.
These are the same numbers as are affected under the current AERR. For the 2024-2026 period
covered by this RIA, these state, local, and tribal (SLT) air pollution control agencies would be
required to compile and report emissions information for large stationary point sources on an
annual basis, and for smaller point sources, stationary nonpoint and onroad and nonroad mobile
sources on a 3-year basis. As described in Appendix A to the ICR Supporting Statement, point

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sources and prescribed burning reports would be reported every year starting with the 2026
inventory year, reported in 2027 and therefore after the period of this RIA. For certain reporting
activities, a fewer number of state, local, or tribal agencies are required to report, or voluntarily
do so. These lower numbers are reflected in the relevant tables of this section and in the
summary table provided in Section 3.7 of this RIA.

Additionally, based on expressed interest to date in the Combined Air Emissions
Reporting System(CAERS), an emissions collection system has been developed by the EPA to
streamline reporting from owners/operators to multiple EPA and state programs , EPA estimates
that 12 state/local agencies will use CAERS for reporting in 2024.5 Based on the proposed
AERR revision requiring some owners/operators to use CAERS for reporting HAP, EPA
projects that 30 state/local agencies will use CAERS for reporting in 2025 and 54 in 2026.
Furthermore, reporting that occurs in 2025 and 2026 is for the "smaller" set of sources due to
higher proposed thresholds for those years in Table 1A in the Appendix A of the ICR for the
proposed revisions.6 Reporting in 2024 is for more sources than in 2023 because 2023 is a
triennial reporting year and includes a larger number of point sources as also proposed in Table
1A in the Appendix A of the ICR for the proposed revisions. As a result, EPA has assumed an
average 32 state/local agencies will use CAERS for reporting across the 3 years {i.e.,
(12+30+54)/3) for the burden calculations associated with sources reported in 2025 and 2026.

3.4 Burden for SLT respondents

The SLT respondent burden for complying with the proposed AERR revision includes
burden to meet both the annual and the 3-year (triennial) cycle reporting requirements. Within
the annual and triennial reporting requirements associated with the proposed AERR revision, the
burden has been estimated separately for one-time activities, annual reporting, and triennial
reporting. In the subsections below, each of these individual elements are handled separately.

5	More information on CAERS can be found at https://www.epa.gov/combined-air-emissions-reporting/combined-
air-emissions-reporting-svstem-caers. CAERS can be used for meeting requirements in the current AERR and can
be used in part to meet reporting requirements for the TRI. CAERS version 4 became available on February 6,
2023.

6	This smaller set of sources has been referenced as "Type A" sources in previous versions of the AERR, as well as
the current version. However, EPA is proposing to eliminate the Type A and Type B terminology because the
proposed revisions would require point sources to report every year starting with the 2026 inventory year.

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The SLTs reporting to EPA under the AERR maintain their own air quality management
programs, which include permitting programs and annual emissions fee programs for their point
sources. These fees help offset costs associated with running these emissions programs.
Nevertheless, the RIA includes as part of the burden estimates, those SLTs' efforts to collect and
manage emissions inventory data for these purposes, much of which occur irrespective of the
AERR. However, the RIA does not include certain efforts of SLTs unrelated to requirements of
the AERR or the associated burden on their owners/operators. Table 3-2 below provides a
summary of the included and excluded elements of the burden estimate. In this table, the last row
represents costs associated with SLTs reporting data to EPA that are voluntarily collected and
reported along with their required data. These types of voluntary reports include additional
facilities that do not meet the AERR point source thresholds and emissions of HAP.

Table 3-2: Cost estimates associated with these efforts included*



Owners/operators
report

SLT collects
from

SLT
reports

Point Source...

to EPA

to SLT

owners/operators

to EPA

Data collected because of
proposed AERR
requirement

Included

Included

Included

Included

Optional data fields
associated with pollutants
required by proposed
AERR

Included

Included

Included

Included

Data collected because of
SLT requirement

N/A

N/A

N/A

Included

*Data included in cost estimates consistent with analysis baseline definition in Section 3.1.

The proposed AERR revisions would lead to SLTs needing to make two key decisions
that would impact how they implement any final requirements. While there is no requirement to
participate in CAERS, an SLT's choice of whether to participate or not could significantly
impact the costs of compliance and the mechanism of compliance with point source reporting
requirements. As shown in

23


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Figure 3-1 below, EPA recommends that states first determine whether they intend to
participate in CAERS and in what way, and then determine whether they intend to report HAP
on behalf of owners/operators. As illustrated in the figure, SLTs should decide whether to retain
the user interface ("front end") of their current emissions data collection system and whether to
retain the database ("back end") of their system. The front end is the user interface (often web-
based) that owners/operators use to submit the data. Occasionally the SLT front end interacts
with an SLT electronic permitting system. The back end is the master storage location for the
data collected by the SLT, and often interacts with other SLT data systems. CAERS is being
constructed to support different SLT use of CAERS for features from the front end, back-end,
both, or neither. Even SLTs that choose not to participate in any of the CAERS cases shown can
choose to reduce burden on facilities via collaboration with the CAERS features, such as
expected quality assurance services, shared code tables, and other necessary aspects of electronic
data collection and compilation.

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Figure 3-1: Decision tree representing SLT decisions about implementing proposed
requirements

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Once an SLT has determined their plans for interacting with CAERS, the state should
then determine whether it will report HAP on behalf of owners/operators. The combination of
this decision and their decision on CAERS should then need to be part of the process of updating
SLT regulations. The EPA expects most states would need to update their emissions collection
regulations to comply with aspects of these proposed revisions, even if the SLT chooses not to
participate in CAERS and not to report HAP on behalf of owners/operators. For example, this
action proposes new requirements to collect information regarding latitude/longitude of release
points, Title V permit identifiers, and regulation applicability. The EPA does not believe that
SLTs will meet those requirements without collecting at least some new information. The choice
of CAERS case impacts the overall burden on states described in Section 3.7.

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3.4.1 SLT burden for one-time activities under the proposed AERR

To prepare for proposed changes to the AERR that would take effect for the 2026
reporting year, SLTs would have both required and voluntary one-time efforts that would occur
during the period covered by the RIA. One-time activities would be related to proposed changes
in point source reporting and in prescribed fire activity data requirements that would take effect
in 2027. For point sources, these activities depend on three SLT choices:

•	Whether the SLT will adopt CAERS to support point source emissions collection or keep
the SLT point source emissions collection system,

•	Whether the state will report HAP on behalf of owners/operators, and

•	Whether the state will maintain their own HAP collection program.

These activities and associated choices are:

States could choose activity A-1 (higher burden) or A-2 (lower burden):

A-l. Update SLT point source	| A-2. Adopt CAERS as SLT point source emissions

emissions collection system to	OR collection system (case 1 or 2).
accommodate new AERR |
requirements consistent with |

SLT regulation update.	|

States could choose activity B-l through B-3 (higher burden) or B-4 through B-7/B-8 (lower
burden)

| B-4. Rely on EPA HAP collection via CAERS
|	(case 1 or 2).

I and, for states with HAP collection program that

I they want to create or maintain:

OR

B-5. Create and deliver training to
I	owners/operators.

| B-6. Curate list of facilities to remove duplicates.

I B-7. Other coordination activities including
I	ensuring any CAERS customizations meet SLT

I	requirements.

B-l. Revise SLT emissions

collection regulation to include
HAP reporting consistent with
AERR requirements.

B-2. Update SLT point source
emissions collection system to
accommodate new HAP
requirements.

B-3. Apply to EPA for permission
to report HAP on behalf of
owners/operators.

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B-8. Optionally, instrument SLT emissions

collection system to receive data from CAERS.

C.	Revise SLT emissions collection regulations to meet new AERR requirements for point
sources: new data fields, newly mandatory data fields, and reporting of daily activity data
for small generation units (this could exclude updates for HAP reporting depending on SLT
choice to rely on EPA collection for HAP or not).

D.	Develop SLT regulations to collect prescribed burning data consistent with proposed
AERR.

E.	Develop SLT data collection system for prescribed burning data to conform with EPA
collection and reporting requirements.

F.	Develop quality assurance and other techniques for prescribed burning data.

The EPA and SLTs have envisioned four cases for how an SLT could interact with
CAERS, which are relevant to activities A and B above. Under CAERS cases 1 and 2, the SLT
would choose to retain its data system but rely on some aspects of the CAERS system for data
sharing with other emissions programs. SLTs could also choose CAERS case 3, in which the
SLT uses the CAERS user interface and retains its back-end database or CAERS case 4, where
the SLT uses CAERS for both the collection and the storage of the point source emissions
inventory data.

For activity B above, if an SLT chooses the path represented by activity B-4 through B-8
(the CAERS path), the SLT would have various additional choices depending on their
circumstances. In this case, the SLT would be electing to use CAERS in some form. For
example, SLTs that do not currently have a HAP collection program or wish to eliminate their
HAP collection program and rely on EPA's collection, could choose the lower burden option B-4
alone. For states under the CAERS path that wish to maintain their HAP collection program, an
SLT could choose to:

1.	Adopt CAERS as the SLT data system, which would require one-time activities listed as
activities B-5, B-6, and B-7 (needed for CAERS case 4);

2.	Connect the SLT data system to receive data from CAERS, which would include activity
B-8 (needed for CAERS case 3); or

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3. Not engage with CAERS using any of the four cases.

SLTs with HAP collection programs that choose not to participate in CAERS would
potentially cause at least some owners/operators regulated under the SLT HAP reporting
requirements to have to report both to CAERS and separately to the SLT system.

The tables below provide estimated hours burden for one-time activities per state
respondent. Table 3-3 provides one-time activities for point sources, and Table 3-4 provides the
estimated burden in hours for states to do additional one-time activities to adopt CAERS case 3
or case 4. Table 3-5 provides the estimated hours burden for one-time activities for developing a
prescribed burning collection approach. Finally, Table 3-6 provides the annualized burden per
state across all of the one-time activities, including costs.

Table 3-3: State respondent burden hours for one-time point source activities

Activity

Hours Per Respondent

Engineering
Managerial
Hours

Engineering
Technical
Hours

IT Admin
Hours

Total

Point sources - required activities

1. Revise SLT regulations to
accommodate new required data
fields and reporting of daily activity
data for small generation units.

52

520



572

2. Update SLT data system to

accommodate new point source data
fields and daily activity data for
small generation units.

124

200

1,040

1,364

Subtotal

176

720

1,040

1,936

Point sources - optional activities when including MAP
reporting

1. Revise SLT regulations to adjust
HAP reporting based on EPA
requirements

104

1,040



1,144

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Activity

Hours Per Respondent

Engineering
Managerial
Hours

Engineering
Technical
Hours

IT Admin
Hours

Total

2. Update SLT data system to
accommodate new point source
HAP reporting

144

400

1,040

1,584

3. Complete and submit application to
EPA for permission to report HAP
on behalf of facilities.

12

120



132

Subtotal

260

1,560

1,040

2,860

Table 3-4: State respondent burden additional voluntary burden for one-time point source

activities when using CAERS

Activity

Hours Per Respondent

Engineering
Managerial
Hours

Engineering
Technical
Hours

IT Admin
Hours

Total

CAKUS Case 3 and 4 (Slate uses only CAKUS)

1. Update and deliver training to
owners/operators

24

240



264

2. Curate list of facilities to remove
duplicates

16

160



176

3. Other coordination activities
including ensuring any CAERS
customizations meet SLT
requirements.

48

480



528

CAKUS Case 3 (CAKUS fro ill end and Sl.T database)

4. Modify SLT system to receive data
from CAERS user interface.

104



1,040

1,144

Subtotal - Case 3

192

880

1,040

2,112

Subtotal - Case 4

88

880



968

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Table 3-5 : State respondent burden hours for one-time activities to develop prescribed
burning data collection

Activity

Hours Per Respondent

Engineering
Managerial
Hours

Engineering
Technical
Hours

IT Admin
Hours

Total

1. Revise SLT regulations to collect
prescribed burning data.

312

1,040



1,352

2. Develop data collection system for
prescribed burning data to conform
with EPA collection and reporting
requirements.

416

1,040

3,120

4,576

3. Develop quality assurance and other
techniques.

72

480

240

792

Total

800

2,560

3,360

6,720

Table 3-6: Annualized one-time burden per state res

pondent

Activity

Manager
Hrs/Yr

@

$118.94

Technical
Hrs/Yr

@

$90.83

IT
Hrs/Yr

@

$81.02

Hours/
Year

Labor
Cost/
Year

Prescribed liurning Required Activities

Develop prescribed burning data
collection

267

853

1,120

2,240

$199,963

Point Sources Required Activities

Reporting with EIS or CAERS case 1, 2
or 3: Update regulations and data
storage system

59

240

347

645

$56,862

Reporting with CAERS case 4: Update
regulations

17

173

0

191

$17,805

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Activity

Manager
Hrs/Yr

@
$118.94

Technical
Hrs/Yr

@

$90.83

IT
Hrs/Yr

@

$81.02

Hours/
Year

Labor
Cost/
Year

Point Sources \ oluntarv Activities

Revise regulations, update SLT data
system for HAP, and complete/submit
application to EPA to report on behalf
of owners/operators.

87

520

347

953

$85,624

Transition Tasks for CAERS Case 3

123

533

693

1,349

$119,203

Transition Tasks for CAERS Case 4

29

293

0

323

$30,131

3.4.2 SLT annual activities under proposed AERR

Annual SLT activities would be in support of submitting emissions data for annually
reported point sources with potential to emit 2,500 tons per year (tpy) of NOx, CO, or SO2; or
250 tpy of VOC, PM10, PM2.5 or NH3. The key steps for the SLTs to perform the work to meet
the AERR requirements are:

•	Maintain the state's data system to collect data from facilities;

•	Collect emissions data and other associated information;

•	Train staff in coding and submissions techniques;

•	Quality-assure and quality-control emissions data and resolve errors and anomalies prior
to submitting to the EIS electronic quality-assurance;

•	Maintain records associated with data submitted by sources;

•	Extract the necessary data from the state electronic data system;

•	Convert any facility inventory data (i.e., attributes of the facility including details about
its units, processes, release points and controls) for new facilities into the XML submittal
format;

•	Convert the point emissions data into the XML submittal format;

•	Run the automated quality-assurance checks provided in the EPA data system and resolve
any critical errors;

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•	Submit the final file to EPA; and

•	Respond to any follow-up inquiries and point source data reviews from EPA.

In addition, SLTs may optionally include in their submissions additional data, including
emissions for facilities that are not required to be reported annually as well as HAP emissions.
To accomplish this optional work, the same activities would be done as are listed above to meet
AERR requirements, but that work would take incrementally more effort.

For two of the three years in each triennial cycle, the agencies submit only the largest
sources as described above. To help estimate the time needed to report emissions for only the
annually reported sources, we estimate the number of such sources by considering the emissions
reporting thresholds. The AERR reporting thresholds are PTE thresholds; however, EPA does
not collect PTE data. The EPA only collects actual emissions, and actual emissions are lower
than PTE values. Since EPA does not collect data on PTE, it is difficult to know with certainty
the number of annually reported sources. Furthermore, many states voluntarily submit many
more facilities than those required. For these reasons, EPA must estimate the number of required
sources for annual reporting.

Based on an analysis of the 2017 NEI, 1,055 facilities had actual emissions greater than
the 2024 and 2025 inventory year PTE thresholds of 2,500 tpy of NOx, CO, or SO2, or 250 tpy of
VOC, PM10, PM2.5, or NH3. To adjust for the undercounting due to actual emissions, we retained
the number of estimated facilities from the previous AERR ICR, which is about 2.3x the facility
count based on actual emissions. As a result, we assume 2,510 of the 2024- and 2025-year
sources are reported for the purposes of this analysis across 54 state/territorial and 23 local and
tribal air agencies. This equates to an average of 33 annually reported sources that would be
required on average per agency for 2 of the 3 years. The number of required sources can be much
larger for heavily industrialized states and smaller (all the way down to zero) for some smaller
states and local agencies.

To account for states that we estimate will use the CAERS for the required annually
reported sources in the 2023 through 2025 emission inventory years, we have considered the
reduction in effort associated with the steps for reporting to EIS necessary only when a state

maintains their own data system and thus needs to convert that data for submission to the EIS.

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3.4.3 SLT triennial activities under proposed AERR

Triennial Point Source Activities and Assumptions

For triennial reporting in 2024, SLTs would have the same point source activities as
described for the annual reporting above but completing those activities would take longer
because more sources would be reporting. Rather than the PTE thresholds listed above for annual
reporting, SLTs would submit additional emissions data for point sources that are smaller than
the annually reported sources and have a potential to emit 100 tpy of NOx, SO2, VOC, PM10,
PM2.5, or NH3; or 1,000 tpy of CO; or that have actual emissions of at least 0.5 tons of lead (Pb).
Further, the emissions reporting thresholds for facilities within nonattainment areas are even
lower for triennially reported point sources, in accordance with Table 1A of Appendix A to
Subpart A of 40 CFR part 51.

Like annually reported sources, the triennial reporting thresholds are based on PTE
values, but EPA does not collect PTE data. Fortunately, the triennial source reporting criteria are
nearly the same as the major source definition for criteria pollutants and precursors, and a list of
such major sources is available from the EPA Enforcement and Compliance History Online
(ECHO) web application. ECHO is fed by reporting of compliance data from the state agencies.
These data are sent from states to the ECHO system many times per year, which helps ensure
that we are using updated information.

For the previous version of the AERR ICR using the ECHO database, EPA determined
that there are 13,408 Major Title V facilities nationwide. To adjust this facility-count for the
triennial definition, we also needed to consider the triennial threshold for Pb, which is 0.5 tons of
actual emissions per year (and more stringent than the major source definition). Since the Pb
threshold is based on actual emissions, we used the 2014 NEI to determine that just 12 additional
facilities have 0.5 tons of Pb emissions or more and are not otherwise identified as major
sources.7 The resulting triennial source facility total used for this work is 13,420. Because the

7 This analysis was repeated with 2017 NEI data and only 6 such facilities were identified, but the difference is so
small we have retained the facility count based on 2014.

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number of major source facilities has decreased8 since the previous ICR, these numbers provide
a conservative (or overstated) estimate of the number of facilities.

Since there are 85 reporting agencies in triennial years, we estimate an average of 158
(13,420 facilities/ 85 agencies =158 facilities/agency) facilities to be reported per agency for the
triennial inventories. The number of sources can be much larger for the large, heavily
industrialized states, and smaller for some SLT agencies. Because much of the effort needed to
report the point source emissions data from the state data systems to EPA involves automated
data manipulations, there are economies of scale for the states with many sources. The idea that
states benefit from economies of scale is further supported by the actual number of facilities
reported. States reported about 72,000 facilities (which excludes most airports and railyards that
are reported differently) in the most recent 2020 triennial reporting years, which is far greater
than the 13,420 facilities that we estimate are required.

Other Triennial Activities for SLTs

In addition to the triennial point source collection and reporting, the AERR would include
additional triennial activities for SLTs:

•	For nonpoint sources, complete a nonpoint survey to indicate plans for reporting each
nonpoint category;

•	For nonpoint sources with EPA-provided emissions calculation tools (excluding
commercial marine vessels and locomotives), either submit nonpoint tool input data or
review, comment on, and accept EPA-provided nonpoint tool inputs. This includes
compiling and reporting total point source activity data for those data categories for
which EPA provides templates for use in reconciliation between point and nonpoint
sources to avoid double counting (e.g., industrial, commercial, and institutional boilers);

•	For nonpoint sources without EPA-provided methods and tools, estimate emissions, run
quality assurance checks, format data into XML format, and submit emissions data and
documentation.

8 As described in the ICR Supporting Statement, the revised estimate for CAP major facilities based on 2017 NEI
and additional data sources is 12,379.

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•	For nonpoint sources in states that overlap with tribes that submit data, adjust nonpoint
submissions for tribal boundaries.

•	Either submit airport activity data (i.e., landings and takeoffs) or review EPA-provided
data, submit comments on that data, and/or notify EPA that the state accepts that data.

•	Either submit rail yard activity data and associated documentation or review EPA-
provided data, submit comments on that data, and/or notify EPA that the state accepts
that data.

•	For commercial marine vessels and locomotives, either report annual actual emissions
and associated documentation, provide comment on EPA-provided emissions, or accept
EPA-provided emissions.

•	For all states except California, develop inputs to the MOtor Vehicle Emissions
Simulator (MOVES) for onroad mobile and nonroad mobile sources. Review and revise
draft data from EPA and/or collect such data, review and edit that data, format data into
required XML format, run quality assurance checks, and submit the data to EPA.

•	For California, develop and report statewide inventory emission estimates for onroad and
nonroad mobile sources for all criteria pollutants. Develop model inputs for California's
mobile source model(s), run the California mobile source model(s), run quality assurance
checks, format data into XML format, and submit emissions data and documentation.

Additionally for triennial years for this RIA period, SLTs could perform several
additional voluntary activities under the AERR collection:

•	For nonpoint sources with EPA-provided methods and tools, estimate emissions, run
quality assurance checks, format data into XML format, and submit emissions data and
documentation.

•	For aircraft, ground support equipment (GSE), and/or rail yards, voluntarily estimate and
submit emissions and documentation of the associated calculations.

•	For prescribed fire, agricultural fire, and wildfires, review, comment on, and/or accept

activity data and emissions data or submit emissions.

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3.4.4 SLT burden for annual and triennial years

The SLT burden for annual and triennial years is presented in this section as an average
per year. The burden hours are provided separately for data system activities, point source
reporting, and nonpoint reporting. Furthermore, required activities are separated from voluntary
activities.

Use of these averages should provide an overly conservative (larger) estimate of total
burden hours because the burden values for the smaller agencies are being overestimated since
they will have fewer sources than average, and the average burden values do not include the
economies of scale experienced by the larger agencies. The likelihood that larger agencies may
benefit from economies of scale is further supported by the actual number of facilities and
pollutants reported in these years (the years in the 2020 triennial reporting period) as compared
to those that we believe are required.

To account for states that we estimate will use the CAERS for the required annually
reported sources in the 2023 through 2025 emission inventory years, we have considered the
reduction in effort associated with the steps for reporting to EIS necessary only when a state
maintains their own data system and thus needs to convert that data for submission to the EIS. As
shown in Table 3-7 and Table 3-8, the rightmost column indicates which steps are necessary for
agencies that use CAERS.

Maintaining SLT point source collection system

Table 3-8 summarizes the average hour burden estimates for operation and maintenance
(O&M) of the SLT data system for collecting point source data from owners/operators in the
state. The table includes 50 percent of a full-time employee (FTE) for information technology
(IT) administration and additional hours for an engineer to provide guidance to IT
administration, making minor annual updates to the data system, and user support. Major data
system updates have been covered previously in Section 3.4.1 as a one-time activity during the
period of this RIA and not included in Table 3-7. The engineering activities are about 20 percent
of an FTE's time. Engineering managerial hours have been estimated as 10 percent of the
engineering and IT administrative hours associated with each activity. The table includes

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estimates of O&M adjusted for estimated reductions in labor associated with CAERS cases 3 and
4.

Table 3-7: SLT data system operation and maintenance hours for NEI Collection from

owners/operators

Activity

Hours Per Respondent

Applies to
CAERS
Cases?

Engineering
Managerial
Hours

Engineering
Technical
Hours

IT
Admin
Hours

Total

1. Collection system operation &
maintenance (O&M)

112

80

1,040

1,232

case 3 @ 80
percent

2. Update collection system with
new codes, emission factors,
and other new information for
reporting year

12

40

80

132

case 3 @ 80
percent

3. User support for point source
emissions data reporting

36

320

40

396

case 3 @ 50

percent,
case 4 @ 50
percent

Subtotal for System O&M EIS
and Case 1 & 2

160

440

1,160

1,760



Subtotal for System O&M
with CAERS Case 3

117

256

916

1,289



Subtotal for System with
CAERS Case 4

18

160

20

198



For states that choose CAERS case 3, EPA estimates that the burden of activities 1 and 2
are reduced by about 20 percent because the state would no longer need to maintain the public-
facing user interface for their collection system. Activities 1 and 2 are eliminated for CAERS
case 4. In both CAERS cases 3 and 4, EPA also assumes that user support is reduced by
50percent based on the streamlined processes put in place. The user support reduction would be
averaged over the course of the 3-year period and would not be realized until the second and
third years of CAERS implementation. Further, EPA has attempted to include only those hours
associated with the sources and pollutants that EPA requires to be collected for reporting under

38


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the AERR (see also explanation provided in Table 3-2 above)). In other words, if SLTs incur
additional burden (e.g., more help desk requests) associated with collecting emissions data from
facilities that the SLT chooses to collect, this RIA does not cover that burden. Based on this
information, EPA estimates that the overall estimated O&M burden reduction for CAERS cases
3 and 4 are 27 percent and 89 percent, respectively.

EPA recognizes that many SLTs subcontract their point source emissions collection
systems to a third party; however, the cost approach taken in later sections uses the hours
estimates assumed in Table 3-7 as the basis for data system costs. This will be further addressed
in Table 3-14 later in this section.

Annual and Triennial Point Source Reporting

In addition to the point source data system activities, Table 3-8 provides the average hour
burden estimates for an SLT to perform point source reporting for the proposed AERR during
the period of the RIA. The activities listed in this table match with those point source activities
described in Sections 3.4.2 and 3.4.3 above).

In the hour estimates included in Table 3-8, EPA has not distinguished between
collection and reporting of those sources and pollutants required to be reported versus those
sources that SLTs report voluntarily. Unlike the incremental burden for SLTs to collect
emissions from facilities not required by the AERR, the incremental burden to report these
additional facilities is small. This is because states who report many additional sources and
pollutants voluntarily do so using automated processes to export, convert, and send the data to
EPA. Over many years of collecting data from SLTs, EPA has heard numerous times from such
agencies that it's harder for these SLTs to exclude facilities and pollutants than simply to report
both required and voluntarily provided facilities in every submission. Because of these
considerations, EPA has not tried to separate out the hours by required and voluntarily reported
facilities and pollutants, but rather (in this table) has attempted to estimate hours to reflect both
required and voluntarily reported sources and pollutants.

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Table 3-8: SLT point source reporting burden hours by activity

Activity

Hours Per Respondent

Engineering
Managerial
Hours

Engineering
Technical
Hours

Total

Applies to
CAERS
Cases?

Point sources - Annual (required and voluntary)

4. Quality assurance of submitted data
and revision support

2

24

26

3 @ 100
percent, 4 @
50 percent

5. Extract data from the state data
system



4

4

3

6. Convert data into the XML format -
facility attributes information



8

8

3

7. Convert data into the XML format -
annual emissions information



4

4

3

8. Run EIS quality-assurance checks
and resolve critical errors

2

24

26



9. Submit final file to the EPA



2

2

3,4

10. Respond to follow-up inquiries from
the EPA

2

4

6

3,4

Subtotal Annual Point Source
Reporting via EIS

6

70

76

Hours
Reduction

Subtotal Annual Point Source
Reporting via CAERS case 3

4

46

50

34 percent

Subtotal Annual Point Source
Reporting via CAERS, case 4

3

16

19

75 percent

Point sources - Triennial (required and voluntary), additional hours

4. Quality assurance of submitted data
and revision support

12

120

132

3 @ 100
percent, 4 @
50 percent

5. Extract data from the state data
system

0

4

4

3

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Activity

Hours Per Respondent

Engineering
Managerial
Hours

Engineering
Technical
Hours

Total

Applies to
CAERS
Cases?

6. Convert data into the XML format -
facility attributes information

0

16

16

3

7. Convert data into the XML format -
annual emissions information

0

8

8

3

8. Run EIS quality-assurance checks
and resolve critical errors

12

120

132



9. Submit final file to the EPA

1

2

3

3,4

10. Respond to follow-up inquiries from
the EPA

10

20

30

3,4

Subtotal Triennial Point Source
Reporting via EIS - all point
sources via EIS

35

290

325

Hours
Reduction

Subtotal Triennial Point Sources
Reporting via CAERS case 3

23

170

193

41 percent

Subtotal Triennial Point Source
Reporting via CAERS case 4

16

80

96

70 percent

To create the hours estimates in Table 3-8, EPA conservatively estimated that the
additional hours needed for activities 4, 8, and 10 in triennial years will increase by a factor of 5
compared to the annual facility reporting. This factor is derived by dividing the average
triennially reported facility count per agency (158) by the average annually reported facility
count per agency (33). Activities 6 and 7 are conservatively estimated to require just twice the
effort needed for the annually reported sources, because the activity is largely the same
regardless of the number of sources. The EPA estimates that activities 5 and 9 would require the
same amount of effort in both triennial and non-triennial years.

To account for the states forecast to use the CAERS for triennial reporting for the 2023
inventory year (reported in 2024), EPA has considered the reduction in effort associated with

41


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certain activities. The rightmost column of Table 3-8 indicates EPA's assumptions about whether
the activity is relevant for CAERS cases. For CAERS case 3, the state would use the CAERS
user interface to collect the data and send it to the state for further processing and submission
back to EPA. This approach would have the effect of running the quality assurance checks while
the owners/operators were reporting in CAERS. Thus, activity 8 is essentially eliminated because
all data collected via CAERS will already be able to pass EIS QA checks. For CAERS case 4, an
SLT is using only CAERS, which eliminates activities 5 through 8 and 50 percent of activity 4.

Based on these numbers, EPA estimates SLTs reporting point sources without CAERS
would spend 76 hours for annually reported sources and 325 hours for triennial reported sources.
SLTs using CAERS case 3 would have a burden reduction of 41percent in triennial years and 34
percent in other years. Finally, SLTs using CAERS case 4 would have a burden reduction of 70
percent in triennial years and 75 percent in other years.

While Table 3-8 includes both hours for reporting both required and voluntary pollutants
as a total, EPA has made assumptions about the proportion of activity occuring for CAP and
HAP, depending on each of the reporting cases available. During the 2024-2026 period, the HAP
reporting is voluntary, and thus the information in Table 3-9 is used when providing cost
information broken out by required and voluntary costs. To create Table 3-9, EPA assumed that
the total reporting burdens from the summary rows of Table 3-8 were divided as follows. For
reporting without CAERS, 30 percent of the effort is associated with HAP reporting. For
reporting with CAERS case 3 or 4, 20 percent of the effort is associated with HAP reporting.

This lower fraction of burden for HAP reporting via CAERS is based on the integrated nature
with which CAERS provides for HAP reporting. This table allows for the presentation of costs
for requiring activities under the proposal separate from voluntary activities.

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Table 3-9: Split of burden for CAP and HAP reporting.



Hours Per Respondent

Hours Per Respondent



CAPs

HAPs

Activity

Engineering
Managerial
Hours/yr

Engineering
Technical
Hours/Yr

Engineering
Managerial
Hours/Yr

Engineering
Technical
Hours/Yr

2024 and 2025 emissions reporting
without CAERS

4.20

49

1.80

21

2024 and 2025 emissions reporting with
CAERS, case 3

3.20

36.80

0.80

9.20

2024 and 2025 emissions reporting with
CAERS, case 4

2.40

12.80

0.60

3.20

2026 emissions reporting, 3-year average
triennial increment without CAERS

8.17

67.67

3.50

29

2026 emissions reporting, 3-year average,
triennial increment with CAERS, case 3

6.13

45.33

1.53

11.33

2026 emissions reporting, 3-year average,
triennial increment with CAERS, case 4

4.27

21.33

1.07

5.33

Additional Triennial Reporting for Nonyoint, Mobile, and Event Sources
In addition to the triennial point source reporting, additional activities are required for
other source categories. Table 3-10 provides the average hour burden estimates for states only
(not local agencies or tribes) to perform the steps that would be required by the AERR or that
could be done voluntarily by states on triennial years for nonpoint sources, airports, railyards,
locomotives, commercial marine vessels, and onroad and nonroad mobile sources. This table
also provides the assumed number of states and territories for which each activity would apply
Where these values do not equal the total number of states or territories, it is because with the
many ways to comply with the AERR requirements, states and territories choose different
approaches. Similarly, Table 3-10 provides the average hour burden estimates and affected
entities for local and tribal agencies.

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Table 3-10: State nonpoint, mobile, and other reporting burden hours by activity

Activity

State
count

Hours Per Respondent

Engineering
Managerial
Hours

Engineering
Technical
Hours

Total

Required Activities









1. Complete Nonpoint Survey

54

2

40

42

2. Report inputs for EPA nonpoint tools or
review, comment and/or accept EPA data.

54

62

1,231

1,293

3. Report emissions and documentation for
sectors not included in nonpoint tools

18

12

240

252

4. Adjust nonpoint submissions for
boundaries of Indian country

4

4

64

68

5. Submit or review, comment, and/or accept
EPA airport activity data

54

2

40

42

6. Submit or review, comment, and/or accept
EPA rail yard activity data

43

1

16

17

7. Submit CMV and locomotive emissions
data and documentation or review,
comment, and/or accept EPA emissions
estimates.

42

4

80

84

8. For all states but California, report
MOVES inputs

53

6

120

126

9. For California, report onroad and nonroad
emissions and documentation

1

9

180

189

Average hours per state, required activities

54

80

1,592

1,672

Voluntary Activities

10. Report emissions for sectors included in
nonpoint tools, including documentation

13

44

880

924

11. Report emissions for aircraft, ground
support equipment, and/or rail yards,
including documentation

5

12

240

252

12. Comment on prescribed fire and wildfire
activity data, submit activity data, or
submit emissions

20

8

160

168

Average hours per state, voluntary activities

20

40

792

832

44


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Regarding the number of states impacted by each of the activities in Table 3-10, EPA
made several assumptions based on past collections of NEI data from states. For all estimates in
this table, EPA assumes the managerial hours to be about 5percent of the engineering technical
hours, rounded up to the nearest hour.

For activities other than 2 and 3 in Table 3-10, EPA used expert judgement based on
EPA's implementation of the AERR for 15 years to specify the engineering technical hours. The
number of states affected by these tasks are based on the following. Under the proposed revision,
all states (including the District of Columbia and 3 territories) would be required to complete the
nonpoint survey (activity 1). Four states overlap Indian country for tribes that reported to the
2017 NEI: Arizona, Colorado, Idaho, and Montana (activity 4). All states have airports and,
under the proposed revision, they would all be required to act on these sources (activity 5).
Forty-three states have rail yards (activity 6), and 42 states have waterways with commercial
marine vessels (activity 7). California is excluded from MOVES inputs reporting leaving just 53
states/territories (activity 8) and that is the only state required to report emissions (activity 9).

For activity 2, EPA considered more detailed tasks associated with these activities to
build the hours estimate provided. First, EPA estimates an average per state of 1,231 engineering
technical hours for activity 2 based on calculations included in Table 3-11 below. Actual state
hours burden depends on implementation choices that the state would have to comply with the
AERR revisions. These calculations include state activities for three types of tools: the Wagon
Wheel, which is the primary emissions tool for estimating emissions covering the bulk of the
nonpoint sectors,9 (2) the oil and gas emissions tool, and (3) four other stand-alone spreadsheet
tools for agricultural fertilizer, livestock, fuel containers, and stage II gasoline.

9 A useful description of the US EPA Wagon Wheel emissions tool for nonpoint sources can be found at
https://www.epa.gov/sites/default/files/2018-09/wagonwheelpresentation_final.pptx.

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Table 3-11: Assumptions and calculations for state nonpoint tool submissions (activity 2)

Sub-Task

No.
States

Basis

Average
Submitted
Templates
or Sectors
per State

Average
Hours/
Template
or sector

Total for
All States
Performing
Sub-task

Average
Hours

Across All
States

Prepare/submit Wagon
Wheel input templates

36

Per
template

12

20

8,640

1,168

Review/accept Wagon
Wheel input templates

54

Per
template

84

12

54,432

Prepare/submit oil and
gas tool inputs

14

Per
sector

1

40

560

15

Review/accept oil and
gas tool inputs

22

Per
sector

1

12

264

Review/ comment/accept
other tool inputs

54

Per
sector

4

12

2,592

48

Total











1,231

As shown in Table 3-11, EPA identified that 36 states submitted Wagon Wheel input
templates to EPA for the 2020 NEI and for these submissions, just 6 of the 92 possible templates
were submitted by each state on average. Since these counts were made before the 2020 NEI
process had been completed, EPA conservatively estimates that a total of 12 templates would be
submitted by each state.10 EPA expects that all 54 states (including District of Columbia and 3
territories) will accept at least some of the 92 EPA-provided templates. To calculate the average
number of templates states would review/accept rather than submit (84), EPA averaged the 80
templates for review/accept by the 36 states with the 92 templates for review/accept by the
remaining 16 states. The EPA estimates that a state would spend an average of 20 hours to
prepare and submit a Wagon Wheel template and 12 hours to review each template. Based on

10 This assumption can be revised for the final ICR because more information will be available based on final
template submissions for the 2020 NEI.

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these estimates, states would spend an average of 1,168 hours per state on Wagon Wheel
template activities.

In addition, for activity 2, Table 3-11 provides more information for the oil and gas tool
activity. The EPA used the 2017 NEI submissions for the oil and gas tool to determine that 6
states submitted tool inputs, 8 states submitted emissions, and 22 states reviewed and accepted
EPA oil and gas tool inputs and emissions. Because the proposed AERR revision would require
all states to submit tool inputs, EPA summed together the counts of states submitting tool inputs
and submitting emissions to assume that 14 states would submit oil and gas tool inputs. The EPA
estimates 40 hours to prepare and submit oil and gas tool inputs and 12 hours to review and
accept such inputs. Finally, since the total hours as used in Table 3-11 will be multiplied by the
total number of states submitting nonpoint sources, EPA divided by this total number to
determine that, on average across all states (including those that do not have these sources), oil
and gas tool activities account for 16 hours.

To complete the hours estimates for activity 2, EPA also used estimates of burden for the
four other nonpoint tools. The EPA expects that based on the proposed AERR revisions, all
states would participate in review/comment/acceptance of those data, and this would take each
state on average 12 hours per tool. Based on these assumptions, states would spend an additional
48 hours. The sum of the 1,168 hours from the Wagon Wheel, the 15 hours from the oil and gas
tool, and the 48 hours for other tools provides the final average hour count for activity 2 of 1,231
hours.

For activity 3 in Table 3-10, states would report emissions for sectors not included in
EPA's nonpoint tools. The EPA estimates that about one-third of the states (18) will, on average,
report emissions for 2 sectors for which EPA does not have nonpoint emissions tools. Each
sector is estimated to take 120 hours to estimate and submit, which is greater than the burden for
other sectors because the state cannot benefit from an EPA-provided tool. Based on these
assumptions, each state staff person would spend 240 hours to estimate and submit these
emissions, and with manager hours included, a total of 252 hours.

In total, Table 3-10 shows that states would spend at minimum 1,503 hours (activities 1,

2, 5, and 8) and at maximum 1,987 (if California were to conduct activities 1-7 and 9)

47


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performing required activities for nonpoint and mobile source submissions in triennial years. We
have also computed the average hours per state for required activities separately for each labor
category. To do this, we multiplied the total number of states expected to perform each activity
by the number of hours for that activity. Then, we summed the total number of hours across all
activity-state combinations and divided by the total number of states. The number of hours
expected for each state would depend on the choices they make for meeting the AERR
requirements. The total average number of hours for required activities, including manager
hours, is 1,672 hours.

In addition, several voluntary activities could be performed by states. For voluntary
activity 10, EPA estimates that, under the proposed approach, just 25percent of states will still
submit emissions for nonpoint sources with EPA tools. Not many states are expected to take this
voluntary step because it is an additional burden beyond the proposed new AERR requirements.
For states that do take this step, EPA estimates 880 hours for states to report an average of 11
sectors taking 80 hours per sector. The average of 11 sectors per state was derived from EPA
observations during the 2020 submission period based on 26 states submitting 290 state-sector
combinations. Because the AERR required emissions submissions for the 2020 cycle (rather than
only tool inputs), this estimated number of sectors per state may be an overestimate for this RIA
since states would not be required to report emissions under the AERR revision.

For voluntary activity 11, states have rarely submitted airport emissions data except as
part of their point source submissions for the largest airports. Even so, to capture the burden
associated with this voluntary activity, EPA assumes that up to 5 states may choose to do so. The
EPA estimates that, including manager hours, this labor-intensive step would take 252 hours per
state.

Finally, for the last voluntary activity in Table 3-10 (activity 12), EPA determined from
the 2020 NEI process that 20 states voluntary reported prescribed fire and/or wildfire data to
EPA in the 2017 NEI cycle. The EPA assumes that these efforts take about 160 hours staff time
per state. Based on these estimates and including manager hours, states could spend on average
an additional 832 hours on voluntary activities associated with nonpoint, mobile, and fire
emissions data for the triennial NEI.

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In addition to the burden for states/territories, Table 3-12 separately provides estimates
for local and tribal agencies that also report to the NEI. The assumptions made in compiling
Table 3-12 are generally the same as the assumptions described previously for Table 3-10, with
several notable exceptions.

Table 3-12: Local and tribal nonpoint, mobile, and other sources burden hours by activity

Activity

Local/
Tribe
count

Hours Per Respondent

Engineering
Managerial
Hours

Engineering
Technical
Hours

Total

Local and Tribal Reporters

1. Complete Nonpoint Survey

30

1

20

21

2. Report inputs for EPA nonpoint tools or
review, comment and/or accept EPA data.

30

19

370

389

3. Report emissions and documentation for
sectors not included in nonpoint tools

10

12

240

252

4. Adjust nonpoint submissions for tribal
boundaries

7

2

37

39

5. Submit or review, comment, and/or accept
EPA airport activity data

23

2

40

42

6. Submit or review, comment, and/or accept
EPA rail yard activity data

20

1

16

17

7. Report MOVES inputs

23

2

40

42

8. For local agencies, coordinate with state
agencies to complete stationary nonpoint,
nonroad mobile, and onroad mobile sources
for all pollutants

23

4

80

84

Average hours per entity, required activities

30

31

612

643

Voluntary Activities

9. Report emissions and documentation for
sectors included in nonpoint tools

9

22

440

462

10. Report emissions for aircraft, ground
support equipment, and/or rail yards,
including documentation

1

12

240

252

Average hours per entity, voluntary

activities

9

23

467

490

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In Table 3-12, the local/tribal counts are provided rather than state counts. These values
reflect the 2017 NEI process which included 23 local agencies and 7 tribes reporting emissions.
For the proposed AERR revisions, EPA assumes that all these agencies would complete the
Nonpoint Survey (activity 1) and report inputs for EPA nonpoint tools or review, comment
and/or accept EPA data (activity 2). Because local agencies and tribes may have fewer sectors to
report, the technical engineering hours for completing the nonpoint survey are assumed to be half
of the burden as for states. Similarly, because local agencies and tribes may have fewer sectors
and do have fewer areas {i.e., counties), EPA has assumed that the technical engineering hours
for activity 2 is 30 percent lower than the hours for states. The EPA additionally assumes that
only local agencies would need to act on airport activity data (activity 5) and submit MOVES
inputs (activity 7) because past tribal submissions did not include this information. Further EPA
has found just 20 local agencies and no tribes have rail yards (activity 6).

As a result of these assumptions, EPA estimates that local agencies would need to spend
between 597 hours (activities 1, 2, and 5-8) and 849 hours (including activity 3) on required
activities. Tribal agencies that are affected by the AERR would need to spend between 451 hours
(activities 1, 2 and 4) and 703 hours (including activity 3). The average number of hours for
required activities, computed in the same way as for states, is 643 hours.

Table 3-12 also includes voluntary activities for local and tribal agencies. The EPA
estimates that 2 local agencies and all 7 tribal agencies that have previously reported nonpoint
data would continue to report nonpoint emissions voluntarily (activity 9). This assumption for
Indian tribes accounts for the possibility that rather than do activities 1 and 2 and report nonpoint
tool inputs, tribes will report emissions using techniques they have used in the past. Since those
tribes are also accounted for in burden estimates for activities 1 and 2, but those tribes may not
be required to do those activities, these estimates of voluntary burden may represent some double
counting of burden with an overestimate on the required burden for activities 1 and 2. Even so,
the impact on the overall burden estimates are small. The estimate of 440 engineering technical
hours for activity 9 is created by halving the estimate for states. Finally, EPA assumes just 1
local agency may report aircraft emissions and that it would take the same number of hours as
for a state to do so. Based on these assumptions, EPA estimates that local agencies and tribes

50


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could voluntarily spend between 462 and 714 additional hours (including manager hours)
providing emissions data under the proposed AERR. Based on EPA's calculations, EPA also
expects that the average hours for voluntary activities by local and tribal agencies would be 490
hours.

Costs of Annual and Triennial Emissions Reporting and Associated Voluntary Activities

In addition to the hours per task as described by the tables above, EPA has computed the
annualized average costs for SLTs to submit annual and triennial emissions data to EPA. Table
3-13 provides respondent annualized hours and costs for SLTs that use EIS rather than CAERS
to collect point sources (cost reductions from CAERS are provided separately). This table
includes operation and maintenance (O&M) costs for the point source data system as introduced
previously in Table 3-5. For point sources annual and triennial labor costs, Table 3-13 uses the
EIS and CAERS cases 1 and 2 subtotals from Table 3-6. For other data categories {i.e., nonpoint
and mobile), the table relies on the average hours per entity as provided by Table 3-10 and Table
3-11. To estimate annualized hours and costs for triennial activities, we divide the burden
estimate by three to estimate the annualized burden spread over a 3-year period.

Table 3-13 also includes the number of entities for each activity. The EPA has used these
values to compute average costs per SLT, which are provided in the table. In Table 3-13, EPA
has assumed that 56 out of a total of 84 agencies report point sources using CAERS cases 1 and
2, while 54 state and 30 local and tribal agencies report nonpoint and mobile sources. These
assumptions are consistent with previous tables. The additional SLTs reporting via CAERS cases
3 and 4 are reflected in subsequent tables.

As shown in Table 3-13, EPA estimates that the largest cost associated with this
collection is the data system operations and maintenance (about $153K). This cost had not been
included in previous ICRs for the AERR but has been occurring under the current AERR and is
therefore not attributable to the proposed revisions. The EPA estimates additional annualized
labor costs for required activities of about $63K for states ($5K + $7K + $5 IK) and about $38K
($5K + $7K + $20K) for local agencies and tribes.

For the resulting operation and maintenance costs, EPA attempted to verify the costs of

SLT data collection systems and posed the question to a CAERS workgroup. Prior to the work

51


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done to make these cost estimates, EPA received information from just a single state that their
collection system costs ranged from $10K/year to $80K/ year, with an average of $55K per year.
Based on this feedback, the estimated costs shown in Table 3-14 of about $153K should be
conservative (that is, more likely an overstatement than an understatement). The data system cost
estimates can be further revised in the final RIA based on any additional input provided by SLT
agencies.

Table 3-13 additionally provides annualized costs for voluntary activities. The annual
submission of HAP is reflected using information from Table 3-6 and Table 3-7. The costs range
from $15K for local agencies/tribes to $26K for states. Based on the expected number of states
and local agencies to participate in voluntary activities in triennial years, EPA estimates an
average annualized cost for voluntary activities of $22K for the 29 SLT agencies expected to
submit data voluntarily.

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Table 3-13: Annualized Burden of NEI submission per Respondent for EIS Approach and CAERS Cases 1 and 2

Information Collection Activity

State,
local, or
tribal
count

Manager
Hrs/yr @
$118.94/Hr

Engineer
Hrs/yr @
$90.83/Hr

IT Hrs/yr

@

$81.02/Hr

Total
Hours/
Year

Cost/
Year

Annual Required Activities













Point source data collection system operations and
maintenance (see Table 3-7)

56

160

440

1,160

1,760

$152,975

Submit annually reported point source CAPs with EIS or
CAERS cases 1 or 2 (see Table 3-8)

56

4

49



53

$4,950

Point Source Triennial Required Activities













Submit additional triennial point source CAPs with EIS or
CAERS cases 1 or 2 (see Table 3-8)

56

8.17

67.67



76

$7,117

Average Burden per Entity, Required Point Source

Activities

56

172

557

1,160

1,889

$165,042

Other Triennial Required Activities













States: submit triennial nonpoint, onroad mobile, and nonroad
mobile sources (see Table 3-10)

54

26.67

530.67



557

$51,370

Local agencies/tribes: nonpoint, onroad mobile, and nonroad
mobile sources (see Table 3-12)

30

10.33

204.00



214

$19,757

Average Burden per Entity, Required Other Triennial

Activities

84

21

414



435

$40,099

Triennial Voluntary Activities (hours from other tables divided by 3 to annualize)

State annual and triennial voluntary point source HAP
reporting with EIS or CAERS cases 1 or 2 (see Table 3-7 and
Table 3-8)

56

5

50



55

$5,172

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Information Collection Activity

State,
local, or
tribal
count

Manager
Hrs/yr @
$118.94/Hr

Engineer
Hrs/yr @
$90.83/Hr

IT Hrs/yr

@

$81.02/Hr

Total
Hours/
Year

Cost/
Year

State voluntary triennial data reporting activities (see Table
3-10)

20

13

264



277

$25,564

Local and tribal voluntary triennial data activities (See Table
3-12)

9

8

156



163

$15,050

Average Burden per Entity, Triennial Voluntary

Activities

56

11

169



181

$16,720

54


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Table 3-14 provides the hours and cost burden reductions associated with SLTs using
CAERS to submit point sources. These cost reductions are consistent with the difference
between the EIS hours and CAERS hours provided in Table 3-13. As shown in Table 3-14, EPA
estimates that SLTs implementing CAERS case 3 would save about $48K per year while SLTs
choosing CAERS case 4 implementation would save about $147K per year. This significant
difference between cases 3 and 4 results from the additional cost savings SLTs would realize
under case 4 for eliminating the need to operate and maintain a point source emissions collection
data system.

Table 3-14: Annualized Burden Changes per Respondent of NEI Submission for CAERS
Cases 3 and 4 Approach*

Information Collection Activity

Manager
Hrs/yr @
$118.94/Hr

Engineer
Hrs/yr @
$90.83/Hr

IT
Hrs/yr @
$81.02/Hr

Total
Hours
Change/
Year

Cost
Change/
Year

CAKUS Case 3 liurden Changes

Point source data collection
system operations and
maintenance (see Table 3-7)

-43

-184

-244

-471

-$41,571

Annual point source CAP
reporting (see Table 3-8)

-1

-12.2



-13.2

-$1,227

Triennial point source CAP
reporting (see Table 3-8)

-2.0

-22.3



-24.4

-$2,270

State annual and triennial
voluntary point source HAP
reporting with CAERS case 3

-3.0

-29.5



-32.4

-$3,029

Subtotal Case 3

-49

-248

-244

-541

-$48,097

55


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Information Collection Activity

Manager
Hrs/yr @
$II8.94/Hr

Engineer
Hrs/yr @
$90.83/Hr

IT
Hrs/yr @
$8I.02/Hr

Total
Hours
Change/
Year

Cost
Change/
Year

CAKUS Case 4 liiirrien Changes

Point source data collection
system operations and
maintenance (see Table 3-7)

-142

-280

-1,140

-1,562

-$134,682

Annual point source CAP
reporting (see Table 3-8)

-1.8

-36.2



-38.0

-$3,502

Triennial point source CAP
reporting (see Table 3-8)

-3.9

-46.3



-50.2

-$4,672

State annual and triennial
voluntary point source HAP
reporting with CAERS case 4

-3.6

-41.5



-45.1

-$4,198

Subtotal Case 4

-151

-404

-1,140

-1,695

-$147,054

*A minus sign (-) denotes a negative value.

EPA recognizes that many SLTs subcontract their point source emissions collection
systems to a third party, while EPA's cost estimation approach assumes the system is operated
and maintained using in-house resources. However, EPA assumes that the cost of in-house
systems are higher than outsourcing costs because SLTs are unlikely to outsource such a system
unless costs would be reduced. Since EPA's estimates for data system operations and
maintenance in Table 3-5, Table 3-12, and Table 3-13 assume in-house systems only, we believe
that we have not only included outsourcing costs but may have overestimated such costs in this
RIA. This approach would also potentially overestimate burden reduction associated with
CAERS case 4.

3.5 Number of owners/operators responding

Various provisions of this proposed rule impact certain owners/operators, and to estimate
the burden that the proposed requirements could have, EPA has estimated the number of
facilities (not owners/operators) associated with activities that would be necessary if the
proposed requirements were finalized. Table 3-2 has previously provided the data flows that are
covered by this RIA and the associated relationships between states and owners/operators. It is
necessary to use facilities to estimate this burden because much better information about facility

56


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counts is available than counts of the owners/operators of those facilities. Therefore, to estimate
burden on owners/operators during the period in question, it is necessary to estimate the
following:

•	For reporting emissions data from facilities to SLTs, the number of facilities that would
be required to report annual total CAPs to SLTs under these proposed requirements; and

•	Reporting emissions data from facilities to EPA:

o The number of facilities within Indian country that would be required to report

CAP and HAP emissions under these proposed requirements (in 2026);
o The number of facilities that would participate in a one-time collection from

owners/operators for data related to High Electricity Demand Day (HEDD) events
under these proposed requirements;
o The number of rail companies from which EPA would continue to collect data

about rail yards on a voluntary basis; and
o The number of source test data reports that owners/operators would submit to
EPA under these proposed requirements.

In addition to these estimates, Appendix A of the ICR Supporting Statement includes
additional estimated numbers of facilities associated with proposed AERR provisions that would
impact burden in 2027 (the first year of full implementation of the proposal) and beyond.

3.5.1 Estimated number of facilities reporting emissions data to SLTs

To determine the number of facilities required to report to SLTs for the NEI, EPA has
used the existing reporting information from SLTs to EPA and the estimated number of Major
Title V sources from the previous AERR ICR. The design of the AERR point source reporting
requirements is that the facilities that are required to report are these Title V Major sources plus
any additional non-major sources that meet the 0.5 tpy actual emissions threshold for Pb
emissions.

The total number of major sources required to report to states under this proposed action
has been adjusted from that used in the previous ICR: 13,420, which includes all major sources

57


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available from the EPA Enforcement and Compliance History Online (ECHO) web application,
plus an additional 12 sources that have 0.5 tpy of Pb or more and are not otherwise identified as
Major Title V sources. Since this number was developed several years ago, and the total number
of major sources tends to decrease over time, we believe this number is conservative (that is, an
overstatement). Since the ECHO database does not indicate whether the facility is a major source
due to its CAP, HAP (or both), EPA has further refined this count to split out the CAP major
(including CAP/HAP major) facilities from those that are only HAP major sources, which allows
for better quantification of burden for the mandatory requirements versus burden for reporting
that SLTs do voluntarily. Any facility that is not a CAP major source but is reported by the state
is considered a voluntarily reported source.

To calculate the number of CAP major facilities, EPA performed additional analysis
using the 2017 NEI,11 Integrated Compliance Information System for Air (ICIS-AIR),12 and a
compilation of Residual Risk and Technology Review (RTR) data. Both designations of major
sources as well as actual emissions in these databases were used. This approach further identified
each NEI facility as best as possible regarding whether it is a CAP major, CAP/HAP major, or
HAP major source. More information on this analysis is available in the Technical Support
Document for this proposal.13 This approach identified 10,831 major sources, with 9,991 of these
either CAP major or CAP/HAP major. To estimate the total number of CAP major for purposes
of this RIA, EPA multiplied the 13,420 total major sources by the ratio of the 9,991 CAP major
to the total 10,831 major. This approach resulted in an estimated 12,379 CAP major sources,
which is the number used for this analysis for facilities that would be required to report CAPs to
SLTs under the proposed rule.

The proposed AERR would continue to require fewer facilities to report for the 2024 and
2025 inventory years, using higher PTE emissions reporting thresholds and excluding Pb from

11	2017 National Emissions Inventory (NEI) Data, U.S. EPA, https://www.epa.gov/air-emissions-inventories/2017-
national-emissions-inventorv-nei-data.

12	Integrated Compliance Information System for Air (ICIS-AIR), U.S. EPA, https://www.epa.gov/enviro/icis-air-
search.

13	Technical Support Document for the Proposed Revisions to the Air Emissions Reporting Rule. U.S. EPA. July
2023.

58


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the thresholds that require states to report point sources in those years. The EPA has chosen to
use the same number of interim year facilities as was used in the previous ICR, which is 2,510
facilities. This origin of this number is described in Section 3.4.2. Across the three-year initial
period of this RIA (2024-2026),, the average number of facilities per year is (2 x 2,510 +
12,379)/3 = 5,800.

3.5.2 Estimated number of facilities reporting emissions data to EPA

EPA estimated 4 values to quantify the possible reporting directly to EPA for the 3-year
period covered by this RIA: (1) the number of facilities within Indian country potentially subject
to a revised AERR, (2) the number of facilities that would participate in a one-time collection
related to HEDD events, (3) the number of rail companies, and (4) the number of source test
reports that EPA would expect to receive under these proposed requirements. The paragraphs
below explain each of these separately.

To estimate the number of facilities within Indian country potentially subject to a revised
AERR, EPA identified 85 major-source permits for facilities within Indian country from EPA
databases, which reflects the complete list of such major sources. To estimate the number of non-
major sources that could be potentially subject, EPA multiplied the count of 85 by the estimated
number of non-major facilities expected nationally starting in 2027 (115,835) and divided by the
total number of major facilities expected nationally (13,420). The calculation 85 x 115,835 /
13,420 yields an estimated 733 facilities, with a resulting total of 819 facilities.

As described in the preamble for the proposed AERR revisions, EPA proposes a "One-
time Collection Option" that would require Curtailment Service Providers (CSPs) and other
operators or aggregators of small generating units to report certain data to EPA. CSPs are entities
that administer electricity demand response programs by working with companies that use and
generate electricity to decrease electricity demand by deploying capacity from smaller units like
backup generators that can reduce demand from the electricity grid. Reducing demand from the
grid can involve deploying temporary electricity generation units that cause emissions and can
impact air quality.

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To estimate burden for the One-time Collection Option, EPA estimated the number of
CSPs and similar entities. To do this, EPA first contacted the Federal Energy Regulatory
Commission (FERC) to determine what data are available about the number of CSPs in the U.S.
A FERC representative indicated that there is no national database of such entities. The Energy
Information Administration does not require CSPs to file with FERC and the last voluntary
survey available was in 2012 and, therefore, very outdated. FERC staff indicated that the best
available data could be found from online lists for each of the regional transmission
organizations (RTOs) and Independent System Operators (ISO). Figure 3-2 below provides a
map of the RTO/ISOs.

Figure 3-2: RTO/ISOs and associated states.

CaMomta ISO
(CAJSOl*-

Source: FERC, 2022 https://www.ferc.gov/power-sales-and-markets/rtos-aiid-isos.

While online lists may be incomplete according to FERC, EPA determined that no better
data were readily available. In addition, for states that are not a part of an RTO or ISO, EPA
reviewed an available list of demand response programs and assessed which of the programs

60


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listed could cause small unit generation that would need to be reported under the One-Time-
Collection Option. If the same electric company ran a similar program in multiple states, that
company was counted for each program rather than as a single company to help make the
estimated number more conservative. Table 3-15 provides the list of RTO/ISOs and associated
entity counts compiled from the sources shown, which results in an estimated 235 entities.

Table 3-15: List of RTO/ISOs and estimated number of respondents for the One-Time-
Collection Option.

RTO/ISO/
State

Entity
Count

Source

PJM

97

https://www.pim.com/markets-and-operations/demand-response/csps



CAISO

31

http://www.caiso.com/documents/listofdemandresponseparticipants.pdf



ERCOT

18

"Demand Response Providers.xlsx" linked from
https://www. ercot.com/services/Droarams/load

MISO

31

https://www.potomaceconomics.com/wp-content/uploads/2021/05/2020-

MISO-SOM Report Bodv Compiled Final rev-6-l-21.pdf (paee 8)



SPP

0



NYISO

22

https://www.nviso.com/documents/20142/1398619/Demand-Response-

Providers-List.pdf/a9943929-edf6-4b5a-cl6f-2c42bdebdl8d



ISO-NE

0

https: //www. iso -ne. com/markets-operations/markets/demand-re sources/about



AL

2

https: //www. energy. go v/e e re/fc m p/de m an d - re sponse-and-time -variable -

AR

4

FL

4

GA

2

IN

3

IA

2

pricina-proarams-southeastern-and-midwestern-states



KY

1

LA

1

MI

3

MS

1

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RTO/ISO/
State

Entity
Count

Source

MO

3



NC

1



OH

1



OK

1



SC

2



TN

2



WI

3



Total

235



Another voluntary aspect of the proposed AERR is participation by rail companies to
provide data to EPA regarding rail yards. The EPA has worked with rail companies in past years
and is aware of 7 rail companies that could participate. Thus, the number of rail companies used
for the purposes of voluntary cost estimates for this RIA is 7.

3.5.3 Estimated number of facilities collecting release point latitudeAongitude

On a one-time basis, certain facilities reporting under the proposed AERR would need to
collect the latitude/longitude locations for each release point. Collecting such data would allow
facilities outside states' implementation planning authority to report such information in 2026
(for the 2025 inventory year) and in 2027 (for the 2026 inventory year). The EPA assumes that
the facilities would collect the latitude/longitude data for release points during the analytical
period covered by the ICR.

The EPA estimated the number of facilities per year starting with the total number of

facilities expected to report, which is included in Appendix A of the ICR based on an estimation

approach described in the TSD for this proposal referenced above. The number estimated to need

to report starting in 2027 is 129,490 facilities. The EPA adjusted this number downward by

8,309 facilities to account for the number of facilities for which states are already reporting

release point latitude/longitudes to EPA via the states. The EPA derived this number by

analyzing the 2020 NEI data to identify all facilities for which the reported latitude or longitude

62


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was 0.0005 degrees or more from the latitude or longitude (respectively) that represented the
whole facility. EPA's estimate of facilities affected annually reflects that facilities must only
collect this information once because release points generally do not move. This calculation
gives an estimated 40,3158 facilities per year that would need to collect release point
latitude/longitude during the 2024-2026 period.

3.6 Burden on owners/operators

3.6.2 Estimating burden of source testing

Finally, EPA has developed an approach to estimate the burden for reporting source test
data. To calculate the number of hours for such reporting, EPA has used the formula:

Hours burden = N x T x H
Where, N is the number of facilities, T is the average number of tests per facility per year,
and H is the average number of hours to prepare the electronic form to submit each test. Because
major sources are those sources that would typically be required to perform tests, EPA used the
same estimated number of major sources for required emissions reporting, or N = 13,420.

To estimate the number of tests per facility, EPA relied on information from selected
states about their current source test collection, since source test data for state and federal
purposes are collected and managed by states. The EPA contacted 9 states for input on how
many source tests have been historically collected by states. Then, EPA compared the number of
total source test reported by states to the number of major sources within those states. Since
major sources often have testing requirements, it is reasonable to expect that the number of major
sources might be a useful predictor of the number of source tests. Table 3-16 shows the raw data
collected from the 7 of the 9 states who replied with the number of major sources and source test
counts.

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Table 3-16: Number of source tests versus number of major
sources provided by selected states

State

Number
source tests in
2020

Number of
major sources

Illinois

450

557

Connecticut

131

56

Massachusetts

53

116

North Carolina

250

327

Washington (Island,
Skagit and Whatcom
Counties)

120

21

Maine

100

55

Texas

6,938

870

Using these data, EPA evaluated the linear regression and determined that the coefficient
of determination (R2) is 0.71 with a ratio of 5.35 tests per major source per year. The Texas test
number seemed to be an outlier because it was much higher than all the other states compared to
the number of major sources in Texas. After dropping the Texas data point and re-estimating the
linear regression with the intercept going through the origin, this resulted in an R2 of 0.93 and a
ratio of 0.81 tests per major source per year. However, this result had a significant
underprediction bias at the low end of the data. Since neither linear regression was ideal, EPA
took the midpoint between the 5.35 result and the 0.81 result, which gave 3.08 tests per facility
per year. Based on this result, EPA used an estimated 3 tests per facility per year, or T= 3.

Finally, EPA polled several source testing experts within EPA, who have previous source
testing experience for industrial contractors, regarding the number of hours it takes to complete a
source test report and submit to the Compliance and Emissions Data Reporting Interface
(CEDRI). The range of estimates received was from 2 to 6 hours. The EPA selected the midpoint
of this range of 4 hours, or H = 4. The product of the number of tests per facility per year (3) and
the number of hours per test (4) provides the estimate of 12 hours per facility that is included for
activity 5 of Table 3-17 below.

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3.6.2 Burden for Owners/Operators for emissions reports

The burden for owners/operators to comply with the proposed AERR revision is driven
by both mandatory and voluntary collections. For mandatory collections, burden includes
owners/operators reporting to SLTs so that SLTs can comply with the proposed AERR
requirements for annual and triennial reporting requirements. Additional burden from mandatory
activities would include reporting of certain source test data that may be reported to states
already, reporting emissions data to EPA for certain facilities in Indian country starting in 2026,
and reporting needed if EPA finalizes the AERR proposal's One-Time-Collection option for
HEDD related data. For voluntary collections, burden would include activities by rail companies
to provide rail yard data.

While different burdens exist for owners/operators reporting to a given state collection
approach versus the approach from another state, EPA is unable to reflect those distinctions in
this RIA because data are not available about burden from each of those systems. Similarly, we
do not try to quantify the difference in facility burden for those states or local agencies who have
adopted CAERS as their collection approach.

EPA has estimated burden for owners/operators to reply to report annual emissions
inventories in compliance with the proposed AERR, which includes both workflows to states as
well as directly to EPA. Table 3-17 provides the estimated number of facilities and number of
hours for each facility to respond to the data collection by a state. Although some
owners/operators who operate multiple facilities may report those data centrally and have
efficiencies that reduce the burden, these estimates assume that all facilities report individually.

For items 1 through 3 in Table 3-17, these hours cover reporting CAPs to states. Any
time taken for HAP reporting for the 2023-2025 inventory years (covered by this RIA) result
from state requirements and are not driven by AERR requirements. The number of hours
included is for reporting emissions data only and includes the time that staff at facilities may
need to spend to answer follow-up questions from the state. The time taken by facilities to collect
necessary data (e.g., throughput, source testing) to comply with the reporting requirements is
assumed to be a part of state permitting, compliance, and other requirements, which go beyond
the scope of the RIA. Since most facilities reporting during the period covered by the RIA have

65


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been reporting emissions data for many years, the RIA does not include the additional hours
associated with collecting facility attributes (such as facility latitude/longitude).14

In Table 3-17, the hours shown are the estimated hours needed to accomplish the task
within a single year (not the hours averaged over 3 years). To estimate an annual burden per
facility even though different activities would occur within each year, Table 3-17 uses the
average facility count over 3 years. Within each 3-year period, activity 1 occurs just once and
activity 2 occurs twice. Thus, the average facility count shown reflects those frequencies {i.e.,
[12,379 + 2,510 + 2,510] / 3 = 5,800 facilities).

Table 3-17: Annual burden per facility for owners/operator reporting

Activity

Facility
Count in
1 Year

Annual

Ave.
Facility
Count Over
3 Years

Hours per Facility

Facility
Cost/
Year

Manager
Hrs/yr @
$160.50/Hr

Engineer
Hrs/yr @
$101.18/Hr

Total

Required activities

1. Report annual CAPs
by facility to states
for use in triennial
(2023) AERR report

12,379

5,800

1

24

25

$2,589

2. Report annual CAPs
by facility to states
for use in 2024 and
2025 AERR report

2,510

1

24

25

$2,589

3. Report annual CAPs
and HAP to EPA by
facility in 2026 (for
facilities within
Indian country that
meetNAICS and
reporting thresholds)

819

273

2

40

42

$4,368

4. Report source test
data to EPA

13,420

13,420

0

12

12

$1,214

14 While some changes are proposed for latitude/longitude and other facility attributes, these changes would not go
into effect until the 2026 inventory year reported in 2027. These changes are described in of the RIA because they
are outside the period covered in our burden analysis.

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Activity

Facility
Count in
1 Year

Annual

Ave.
Facility
Count Over
3 Years

Hours per Facility

Facility
Cost/
Year

Manager
Hrs/yr @
$160.50/Hr

Engineer
Hrs/yr @
$101.18/Hr

Total

Required One-Time Activities

5. Collect release point
latitude-longitude
and other parameters

40,315

40,315

2.1

10.5

12.6

$1,399

Sub-total weighted
average per year
for required
activities:

40,315

40,315

2.26

18.22

20.48

$2,206

Required activities lor

')nc-Tinic-Collcclion option lor IIKDI)

6. Report facility
attributes and daily
fuel use or heat input
for small generating
units

235



10

120

130

$13,746

Voluntary activities lor triennial inventory years

7. Provide rail yard
data to the EPA for
2023 (in 2024)

7



2

10

12

$1,333

Since each row of Table 3-17 includes entities in separate categories, the hour estimates
listed here are not cumulative in some cases. The respondents for activities 1 and 2 overlap,
meaning some respondents do 2 or 3 of these activities. Thus, the total number of respondents for
activities 1 and 2 are 12,379, with 2,510 of them expected to also perform activity 2. Thus, the
range of hours for such facilities reporting to states is between 25 and 50 hours.

The entities performing activity 4 are expected to be different from those performing
activities 1 and 2, since the activity 3 facilities are primarily within Indian country and are,
therefore, not reporting data to states. The major sources reporting in activities 1 through 3
overlap with the same respondents performing activity 4. Thus, the 12 hours per respondent for

67


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activity 4 would be added to the total hours per respondents reporting to states (activities 1 and
2) and the respondent reporting to EPA (activity 3).

Activity 5 overlaps with the facilities performing activities 1 through 3 and includes
additional facilities beyond those reporting activities. In most cases, the facilities included in
activity 4 will also overlap with those included in activity 5. However, these activities are only
performed one time and are shown in the table as occurring for one-third of the facilities each
year, as described in Section 3.5.3.

Activities 6 and 7 are distinct from the other activities, so while some entities such as
EGUs may need to perform activity 6 in addition to activities 1 through 3, those CSPs that are
not electricity generators are additional entities not otherwise reporting under the proposed rule
revisions and would only have the requirement for activity 6. Finally, since the rail companies
are distinct from other types of entities reporting emissions, activity 7 is not expected to be
cumulative with other activities.

Respondents/affected entities: For the 2024-2026 period, the EPA estimates the proposed rule
would impact 85 state/local/tribal respondents and 819 owners/operators of facilities within
Indian country and 120,945 (or 40,315 per year) would need to prepare for reporting starting in
2027. Also during this period, the EPA estimates that owners/operators of 13,420 facilities would
report source test and performance evaluation data each year. Based on these proposed
requirements, states would continue to collect emissions data from owners/operators of an
estimated 13,420 facilities (based on state regulations requiring owners/operators to do so).
Starting in 2027, Appendix A of the draft ICR identifies owners/operators of an estimated
129,490 facilities from which this proposed rule would require HAP reporting and for about 235
owners/operators, reporting of small generation unit data.

Respondent's obligation to respond: Under this proposed action, the EPA estimates that 85
governmental entities would be required to report to EPA. Authority for such collection is
provided by CAA Sections 110, 114, 172, 182, 187, 189, and 301(a). In addition,
owners/operators would be required to report data to EPA, and authority for these collections is
provided by the same CAA sections. Additionally, 7 railroad companies are expected to

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voluntarily provide data to the EPA once every three years but would be under no obligation to
do so.

Estimated number of respondents: During the 2024-2026 period, the EPA expects 85
governmental entities and owners/operators from an estimated 40,315 facilities (per year) to
respond. The description above provides additional detail on the numbers and types of
respondents for the initial three-year period and for subsequent periods.

Frequency of response: States would submit emissions data annually, with more data required
every third year. Owners/operators of facilities within Indian country would report each year,
starting in 2026 (for the 2025 emissions inventory year). The frequency of source test data
reports depends on the testing requirements set by the EPA and states. Frequency can range from
several times per year to once every several years. However, for the purpose of the RIA, the
EPA estimates that owners/operators reporting source test data would report an average of 3
source tests per year. Starting in 2027, the states and owners/operators of facilities affected by
this proposed rule would report both the same amount of data every year.

Total estimated cost: Annual capital or operation and maintenance costs include costs for the
EPA and states. The EPA's expected annual capital costs for its data systems needed from 2024
through 2026 are $600,000. EPA's additional annual system development, operations, and
maintenance costs are expected to be $3,625,000. States' expected annualized capital costs are
estimated to be $127,500, and their operation and maintenance costs about $10,156,000.

• The total burden estimates for this proposed action are separated into two categories
of respondents: SLTs and owners/operators. In each case, optional activities covered
by this RIA are listed separately from mandatory activities.

3.7 State/local/tribal burden

As described in previous sections of this RIA, SLT burden includes burden for both
required and voluntary activities associated with one-time tasks), annual, and triennial tasks. This
section brings together all these burden estimates and includes capital and associated
maintenance costs, which will provide annualized hours and costs for SLTs.

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As previously described in this RIA, EPA forecasts that 29 SLTs, on average, will use
CAERS during the period of the ICR, and the remaining 56 would use their existing reporting
approaches. For the purposes of the ICR, EPA also has forecasted which CAERS cases SLTs
may elect to adopt. To date, CAERS cases 3 and 4 have been of most interest to SLTs,
presumably because these cases have the lowest burden estimates overall. Although case 4 has
greater burden reductions than case 3, many SLTs seem to prefer the autonomy that case 3
provides (the states retain their back-end point source database). Based on these considerations,
EPA assumes 10 percent of SLTs will select cases 1 or 2, 30 percent case 3, and 60 percent case
4. Starting with the average of 29 SLTs using CAERS, these percentages map to 3 SLTs using
cases 1 or 2, 10 using case 3, and 19 using case 4.

The EPA has estimated annualized capital costs associated with workstations needed for
SLTs to submit data required or voluntarily submitted based on the proposed requirements. The
EPA assumes that each agency would require five workstations to comply with the reporting
provisions of the AERR (one for point sources, one for nonpoint sources, one for onroad and
nonroad mobile, one for wildfires and prescribed fires, and one for managerial/coordination
activities). The number of workstations has been assumed to be unaffected when states
participate in CAERS because although data system maintenance is reduced or eliminated,
agency staff still need a workstation to access CAERS to perform their data oversight and
submission functions.

The cost for replacing a workstation including new basic software and peripherals (i.e.,
hardware needed in replacing a workstation (cables, new laptop, etc.), when replacement
becomes necessary, is assumed to be approximately $1,500 per agency. For this RIA, it is
assumed that 20 percent of the workstations will be replaced each year. Thus, the costs of
replacement per agency would be:

5 workstations/agency x 20 percent replacement/year x $l,500/workstation =

$ 1,5 00/agency/y ear

Cost of workstation replacement for all agencies equals: $l,500/replacement costs/year '

x 85 agencies/year = $127,500/year

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Workstation maintenance costs are attributed to the normal maintenance of the
workstations used to submit the required annual and triennial reports to EPA. This includes
annual software costs, service costs, and warranty costs. It is assumed that the total cost of
ownership over give years is four times the original purchase price, or $6,000. Thus, the annual
maintenance costs are $6,000 minus the $1,500 capital cost divided by 5, or $4,500/5, which is
$900/year per workstation. We conservatively assume (that is, more likely to overstate) that one-
third of the workstation annual maintenance cost can be attributed to the AERR. The resulting
estimated costs associated with AERR are estimated to be approximately $300 per workstation
per year, which is $1,500 per agency per year. Total maintenance costs for the respondents are
estimated to be:

$l,500/agency/year x 85 agencies = $127,500/year.

As a result, the total capital and maintenance costs per year are $3,000/agency/year.

Table 3-18 provides a summary of all costs that would be incurred by SLTs during the 2024-
2026 based on the proposed action. The source of the data for each row is provided here:

•	For the one-time required activities for prescribed burning, EPA assumes that 50
states and 2 territories would create a data system to collect that information. Local
agencies within the state would use their state's system. The per-state hours and costs for
developing such a system are from Table 3-5.

•	For the annual required activities for point sources, the number of SLTs are the same
as for the previous row, and the hours and costs are taken from the annual reporting
estimates from Table 3-7. For the EIS and CAERS cases 1 and 2 columns, the values are
used as-is from the "submit annually reported point sources" row of Table 3-11, whereas
for the CAERS case 3 and case 4 columns, the appropriate burden reduction is subtracted
from that using the values in Table 3-12.

•	For the triennial required activities for point sources, the calculations are made in the
same way as for the annual required activities for point sources, but the triennial hours
and costs are included from Table 3-11.

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•	For the triennial required activities for other sources, the calculations are the same for
EIS and all CAERS cases. The number of SLTs is the same as the previous row, but the
average hours and costs are taken from the other triennial activities summary row of
Table 3-11.

•	For the point data collection system O&M, the number of SLTs are the same as for the
annual and triennial required activities for point sources, and the hours estimates are
taken from the "point source data collection system operations and maintenance" row of
Table 3-11.

•	For the capital and maintenance costs, the number of SLTs are the same as for the
previous row, and the costs are $3,000 per entity as described earlier in this section.

•	For the one-time voluntary activities, SLTs would update their reporting rule and apply
to EPA only if they will be reporting HAP on behalf of owners/operators. For SLTs using
EIS or CAERS cases 1 or 2, EPA assumes that the same fraction of states that currently
reports HAP would take these voluntary steps. The EPA estimated this fraction as
88percent using the current number of SLTs reporting HAP (75) divided by the total
number of SLTs (85). Then, EPA multiplied this fraction by the 59 SLTs expected to use
EIS or CAERS cases 1 or 2 to give 52 SLTs that EPA expects would continue to report
directly to EIS (including CAERS cases 1 and 2). The EPA assumes that 4 (25 percent)
of 16 SLTs using CAERS case 3 would report HAP on behalf of owners/operators and
that 6 (19 percent) of the 32 SLTs using CAERS case 4 would do so. The hours and costs
for these values are taken from the optional activities row of Table 3-17.

•	Finally, for the triennial voluntary activities, the number of SLTs, hours, and costs are
from the summary row of Table 3-11 for triennial voluntary activities. These values are
not split out for CAERS cases 3 and 4.

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Table 3-18: Annual Total SLT Burden and Cost by Activity

Information Collection
Activity

EIS, CAERS Cases 1 and 2

CAERS Case 3

CAERS Case 4

Total

No.
of
SLTs

Total
Hours/
Year

Total Cost/
Year

No.
of
SLTs

Total
Hours/
Year

Total Cost/
Year

No.
of
SLTs

Total
Hours/
Year

Total
Cost/
Year

Hours/
Year

Costs/
Year

One-Time Required,
Prescribed Burning1

52

116,480

$10,398,053





116,480

$10,398,053

One-Time Required,
Point Sources

37

23,877

$2,103,905

16

10,325

$909,797

32

6,101

$569,750

40,304

$3,583,452

Annual Required, Point
Sources2

56

2,979

$277,199

10

400

$37,230

19

289

$27,512

3,668

$341,942

Triennial Required, Point
Sources

56

4,247

$398,563

10

515

$48,469

19

486

$46,457

5,248

$493,489

Triennial Required, Other
Sources

84

36,540

$3,368,347





36,540

$3,368,347













Labor Subtotal
(Required)



184,123

$16,546,068



11,240

$995,496



6,877

$643,720

202,240

$18,185,283

Point Data Collection
System O&M

56

98,560

$8,566,596

10

12,892

$1,114,039

19

3,762

$347,574

115,214

$10,028,208

Capital and Maintenance

56



$168,000

10



$30,000

19



$57,000



$255,000

Total (Required)



282,683

$25,280,663



24,132

$2,139,535



10,639

$1,048,293

317,454

$28,468,492

One-Time Voluntary:
HAPs

49

47,106

$4,230,819

4

3,813

$342,495

6

5,720

$513,742

56,639

$5,087,056

One-Time Voluntary:
CAERS

0

0

$0

16

21,589

$1,907,247

32

10,325

$964,193

31,915

$2,871,440

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Information Collection
Activity

EIS, CAERS Cases 1 and 2

CAERS Case 3

CAERS Case 4

Total

No.
of
SLTs

Total
Hours/
Year

Total Cost/
Year

No.
of
SLTs

Total
Hours/
Year

Total Cost/
Year

No.
of
SLTs

Total
Hours/
Year

Total
Cost/
Year

Hours/
Year

Costs/
Year

Annual and Triennial
Voluntary1

56

10,136

$936,320

10

229

$21,425

19

194

$18,492

10,558

$976,237

Total Voluntary



57,242

$5,167,139



25,631

$2,271,167



16,239

$1,496,427

99,112

$8,934,733

1	Costs associated with this activity are not broken out by CAERS cases. All costs are included with the group for EIS, CAERS cases 1 and 2.

2	Excluding point source collection system O&M, included later in this table.

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3.8 Owners/operators burden

As described earlier in this RIA chapter, owners/operators burden includes burden for
various activities. These include required and voluntary activities related to reporting annual
CAPs by facility to states and the additional costs of reporting annual CAPs and HAP to EPA by
facility for facilities outside of states' planning authority (e.g., certain Indian Country and
Federal waters) that meet NAICS and reporting thresholds and report source test data to EPA.
The costs also include the activities for a possible one-time collection of data for small electric
generators, which is an option in the proposed AERR revisions.

Table 3-19 provides a summary of all costs that would be incurred by owners/operators
during the period of this proposed action. The source of the numbers of facilities was previously
provided in Section 3.5. While the number of facilities for any given year would vary, the
average number of facilities has been used to properly calculate the annual total burden and
costs.

Table 3-19: Annual Total Owner/Operator Burden and Cost by Activity

Information Collection
Activity

Number of
Facilities

Total
Hours/Year

Total Cost/
Year

Required activities

1. Report annual CAPs by
facility to states for use in
triennial (2023) AERR report

5,800

144,993
11,466

$15,014,213
$1,192,498

2. Report annual CAPs by
facility to states for use in
2024 and 2025 AERR report

3. Report annual CAPs and
HAP to EPA by facility in
2026 (for facilities within
Indian country that meet
NAICS and reporting
thresholds).

273

4. Report source test data to
EPA

13,420

161,040

$16,293,705

Required One-Time Activities







5. Collect release point latitude-
longitude and other parameters

40,315

507,973

$56,418,297

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Information Collection
Activity

Number of
Facilities

Total
Hours/Year

Total Cost/
Year

Required Activities Sum

40,315

825,473

$88,918,714

Required activities Cor One-
Timc-Collcction option lor
II 111) 1)

6. Report facility attributes and
daily fuel use or heat input
for small generating units.

235

30,550

$3,230,402

Voluntary activities lor
Iricnnial inventory years

7. Provide rail yard data to the
EPA for 2023 (in 2024)

7

84

$9,330

The EPA activities associated with the AERR as a whole include:

•	Maintaining a database of emissions factors (e.g., WebFIRE) for use by states and the
point sources regulated by states;

•	Developing guidance and training materials for states for each emissions inventory
reporting cycle and maintaining communication through EPA's website and other
methods, including providing in-person, webinar-based, and self-guided online training;

•	Evaluating the adequacy of existing emissions estimation methods and models,
developing method and model revisions, and publishing updated methods and models as
appropriate;

•	Preparing nonpoint emissions data for review and possible use by states;

•	Preparing onroad and nonroad mobile model inputs for review and possible use by states;

•	Preparing data for review of participating agencies, including landing and takeoff data at
airports and fire activity data and emissions;

•	Receiving, reviewing, and storing emission inventory data submitted by each state;

•	Processing and updating data submitted by states, including performing quality assurance
of data and coordinating efforts to resolve errors and anomalies;

•	Fulfilling technical assistance and information requests;

•	Developing technical documentation of the resulting emissions inventories created from
compiling the collected data;

•	Maintaining the EIS and associated electronic reporting approaches;

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•	Developing, operating, and maintaining the CAERS;

•	Developing, operating, and maintaining the emissions estimation tool for small
businesses; and

•	Maintaining reporting codes to use in emissions inventory databases to identify various
aspects of emissions inventories such as emissions unit types, release point types, source
category classifications, and geopolitical entities.

The EPA's costs that relate to this data collection can be grouped into 7 areas:

1)	Maintaining a database of emissions factors for use by states and the point sources
regulated by states;

2)	EIS annual operation and maintenance costs;

3)	CAERS annual development, operation, and maintenance costs;

4)	Preparing and providing guidance, plans, and training to states;

5)	Revising emissions estimation methods and models to reflect the best available science,
including mobile model updates related solely to support of AERR implementation;

6)	Preparing draft nonpoint emissions and mobile-source model inputs;

7)	Review, documentation, and publication of data; and

8)	Information requests.

As of fiscal year 2022, the annual operation and maintenance costs for EPA's efforts to
maintain emissions factors in support of the NEI program is 2 FTE positions. No data system
costs for the emissions factor program are included in this RIA because these costs are associated
with costs of the CEDRI system and not of the AERR.

As of fiscal year 2022, the EIS annual operation and maintenance costs are estimated to
be: 2.7 FTE positions, $300,000 in Working Capital Funds and $625,000 for an information
technology contractor.

As of fiscal 2022, the CAERS annual development, operation, and maintenance costs are
estimated to be: 3 FTE positions and $1,200,000 for information technology contracting support.
The EPA assumes an additional $300,000 in Working Capital Funds for capital costs associated
with CAERS.

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The projected estimated annual development cost for the emissions estimation tool,
identified as part of reducing burden for small businesses, is estimated to be 0.5 FTE and
$400,000 for data analysis (of emission factors for facility-wide emissions estimations) and
information technology contracting support. No additional capital costs associated with this tool
are included because EPA expects to build this tool as a module of CAERS.

The labor costs of preparing and providing guidance, plans and training to states is 1 FTE
annually. The labor costs of reviewing and revising emissions estimation methods and models to
reflect the best available science for nonpoint emissions methods is 2 FTE annually.

The labor costs of preparing draft nonpoint emissions and mobile-source model inputs
include the costs associated with developing updated emissions methods, overseeing contractor
resources, quality assuring contractor results, developing documentation, and distributing data
and draft documentation to states. The costs of reviewing data submitted by states include costs
relating to data review, coordination of efforts to resolve any errors or anomalies, and updating
of the data after the quality assurance and reconciliation assurance efforts have been completed.
The costs associated with technical documentation include: compiling summaries of emissions,
reviewing methods documents and notes, word processing, and section 508 compliance steps.
For these activities, EPA requires approximately 1 FTE for point sources, 1.3 FTE for mobile
sources, and 3 FTE for nonpoint sources to prepare draft data and review data submitted by
states. In addition, the OAQPS requires 1 FTE for information requests. The EPA also incurs a
$800,000 annual cost to have environmental engineering contractors assist with developing
emissions methods, building data tools, and keeping input data current.

In addition to the primary roles within OAQPS, EPA Regional Offices annually use about
1 FTE in total across the 10 Regions to coordinate state efforts in making their submissions,
quality reviews, and outreach and communication on behalf of the data collection program.

Thus, the total number of EPA FTEs is 18.5 (6.2 for the data systems and 12.3 for
outreach, data methods, handling, and publication). Since most of the FTEs for this estimate
work in Research Triangle Park, North Carolina, we used the pay rates from the General
Services Administration (GSA) with locality adjustment for the Raleigh-Durham-Chapel Hill
area. We conservatively estimated that the average EPA worker for these purposes is a GS-13,
step 7 with a salary rate of $117,866 per year. In addition, a 26 percent increase in this amount

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was included to adjust for benefits paid by the government. The resulting annual FTE cost
assumed is rounded to the nearest thousand dollars to $149,000. Thus, the total resulting EPA
annual impact for 18.5 FTE is 37,440 hours and $2,682,000.

Table 3-20 summarizes the government costs (including Federal) along with the
respondent costs from the previous sections. For SLT costs, the assumptions about SLT for
CAERS usage are included, but voluntary activities including preparations for adopting HAP
reporting requirements and reporting HAP voluntarily are not included. For owners/operators,
the costs of both the required activities are included, but not the other optional costs or the costs
of the voluntary activities for rail companies to provide data. The annual capital costs for EPA
sum together the $300,000 each for EIS and CAERS. All costs are in 2021 dollars.

Table 3-20: Total Estimated Respondent and EPA Burden and Cost Summary

Burden

Element/Co

st

SLTs

Owners/
Operators

EPA

Total

Number of
Respondents

85

40,315



40,400

Total Hours
Per year

202,240

825,473

38,480

1,066,192

Annual
Capital Cost

$127,500

$0

$600,000

$727,500

Annual
O&M Cost

$10,155,708

$0

$3,025,000

$13,180,708

Total
Annual
Capital and
O&M Costs

$10,283,208

$0

$3,625,000

$13,908,208



Labor Cost
Per Year

$18,185,283

$88,918,714

$2,756,500

$109,860,497

Total Cost
Per Year

$28,468,492

$88,918,714

$6,381,500

$123,768,706

As compared to the previous information collection for the AERR, this AERR proposal
covers substantially more activities. These activities are also reflected in this RIA, and while they
make the analysis in this RIA more complete, they do not represent additional real-world burden

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to SLTs or owners/operators when compared to activities they are already doing (i.e., there is no
incremental burden). For example, the costs for states to maintain their emissions data collection
systems and the costs of facilities reporting CAP emissions (which is currently occurring due to
state regulations to implement the AERR) are now counted as AERR costs. These additions are
simply covering gaps in previously approved ICRs. Put another way, while the total estimated
costs in Table 3-20 appear to be large, these figures do not simply reflect the costs that will be
incurred due to the proposed revisions to the AERR. These figures also include costs that SLTs,
Owners/Operators, and EPA are already incurring, and would continue to incur in this proposal's
baseline, by way of complying with existing laws and regulations (costs associated with
complying with the existing AERR without the proposed changes).

In addition to the additional burden coverage described above, the proposed updates to
the AERR would affect SLTs in ways that both add burden as well as providing opportunities to
reduce burden. For owners/operators, the proposed changes add burden, but that burden can be
offset to some degree by the choices that SLTs make regarding CAERS. Additionally, some of
the burden impacts would occur starting during the 2024-2026 period covered by this RIA while
others would occur after that period. The figure below illustrates the key elements of the revised
AERR that impact burden and how SLT choices could impact burden for both SLTs and the
owners/operators within each state, local, or tribal boundary.

SLTs must make the following critical choices under the proposed AERR provisions:

1.	Whether to report HAP on behalf of owners/operators;

2.	Whether and how to incorporate CAERS into SLT data flows for point sources.

For the choice of whether to report HAP on behalf of owners/operators, Table 3-21
provides the various scenarios for impact on the burden included in this RIA. If a SLT chooses to
report HAP on behalf of owners/operators then, during the 2024-2026 period of this RIA, the
SLT would have additional burden to implement the HAP reporting requirements previously
described. During the subsequent period (2027-2029), the SLT would have additional burden to
collect and report HAP. If an SLT chooses to not to report HAP on behalf of owners/operators,
then there would be no impact on the SLT during the initial three-year period but in the
subsequent period, there could be an impact when an SLT chooses to receive HAP data from

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EPA. There is no significant burden impact of this choice on facilities, unless for SLTs that
continue to require HAP to be reported to the state without integrating with CAERS or accepting
the responsibility of reporting HAP on behalf of owners/operators. Table 3-21 reflects this last
point in the footnote.

Table 3-21: Impacts on burden depending on SLT choice of whether to report HAP

Impacts to RIA

SLT Chooses
HAP Reporting

SLT Chooses No
HAP Reporting

2024-2026

For SLT Estimated Burden

Voluntary

None

For Owners/Operators Estimated
Burden

None

None

2027-2029

For SLT Estimated Burden

Collect and report
HAP data to EPA

Optionally receive HAP data
from EPA via CAERS

For Owners/Operators Estimated
Burden

Collect and report
HAP data to SLT

Report HAP to EPA1; One-
time increase to learn to use
CAERS

1 In this scenario, if an SLT were to retain their own HAP reporting requirements for reporting to the SLT, then an

owner/operator would have duplicative reporting requirements to both SLT and EPA.

For the choice of whether and how to incorporate CAERS into SLT data flows for point
sources, Table 3-22 provides the various scenarios for impact on the burden included in this
RIA. Previously in this chapter, we have described the various CAERS cases that SLTs can
consider. During the 2024 to 2026 period, SLTs retaining their point source collection system or
using CAERS cases 1 or 2 do not have impacts reflected in this RIA. If choosing cases 3 or 4,
SLTs have a one-time burden increase associated with implementation (Table 3-5) and once
implemented a reduction in burden (Table 3-12). The owners/operators' burden is not different
due to the SLT choice.

For the 2027-2029 period, Table 3-22 shows that SLTs choosing CAERS cases 3 or 4
continue to experience burden reductions during this period and would have additional burden
reduction associated with lower implementation for supporting the HAP collection requirements

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that start in 2027. In all cases in this period, owners/operators would be reporting HAP, but the
impact varies depending on the SLT choices for whether and how to incorporate CAERS. For
SLTs retaining their existing system or implementing CAERS cases 1 or 2, it will be a lower
burden for owners/operators if they also choose to report HAP on behalf of owners/operators
(previous table). Not doing so could create a duplicative requirement for owners/operators when
SLTs have their own HAP reporting requirements. Finally, the burden for owners/operators for
SLTs that choose CAERS cases 3 or 4 would have a one-time increase to learn to use CAERS
but then owners/operators would benefit from the consolidated reporting opportunities CAERS
will provide.

Table 3-22: Impacts on burden depending on SLT choice of whether and how to
incorporate CAERS

Impacts to RIA

SLT System, As-Is
or CAERS Cases 1
or 2

CAERS Case 3

CAERS Case 4

2024-2026

For SLT Estimated
Burden

None

CAERS case 3
Subtotal; case 3
reductions

CAERS case 4
Subtotal; case 4
reductions

For

Owners/Operators
Estimated Burden

None

None1

None1

2027-2029

For SLT Estimated
Burden

None

CAERS case 3
reductions; Additional
HAP burden
reductions

CAERS case 3
reductions; Additional
HAP burden reductions

For Owners/
Operators Estimated
Burden

Depends on SLT
Choice for HAP
Reporting
Approach2

One-time increase to learn to use CAERS;
Burden reduction for consolidated reporting

1	Owner/Operators would need to learn how to report to CAERS, but that part of the burden is not included in the
initial three-year period.

2	If states do not report HAP on behalf of owners/operators but continue to require HAP reporting to the state
separately from CAERS, this would cause owners/operators duplicative reporting.

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EPA has previously described the choices and assumptions made to forecast the choices
of SLTs. Making different assumptions would significantly impact the overall burden
comparison. For example, if more states choose case 4, then there would be more burden
reduction associated with the proposed rule. If more states choose case 3, then there is more one-
time burden for connecting the SLT data system, but also more burden reduction over time based
on case 3.

In addition to the voluntary choice for mandatory HAP reporting, and the potential one-
time burden increases and long-term burden reductions via CAERS, the following proposed
AERR revisions for point sources would increase burden on states during the initial three-year
period and through the analytical period of the RIA:

•	Preparation for collecting additional data fields for point sources (for states not using
CAERS case 4);

•	Clarification on the definition of "actual emissions" (because some states may not be
including startup and shutdown in their emissions reports);

•	Requirement to separately report upset/malfunction emissions when they occur;

•	Approach for reporting aircraft data as point sources, which codifies what many SLTs are
already doing voluntarily;

•	Approach for reporting rail yards, which codifies what many SLTs are already doing
voluntarily;

•	New approach for collecting and reporting data on portable sources (one of several
options);

•	Inclusion of portable offshore drilling barges in state waters; and

•	Clarification that offshore oil rigs in state waters should be included in point source
reports.

For sources other than point sources, the following proposed AERR revisions would increase
burden on states during the initial three-year period and through the analytical period of the RIA:

•	Preparation for the mandatory collection and reporting of prescribed fire activity data;

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•	Requirement to provide documentation of emissions for nonpoint sectors that are not
covered by EPA tools;

•	For states overlapping tribal regions for tribes that report to EPA, the proposed
requirement that states exclude activity from those tribal regions when reporting county
totals;

•	For states who choose to report nonpoint source emissions for sectors with EPA tools, the
additional effort to report emissions and documentation in addition to the newly required
nonpoint tool inputs;

•	For states who choose to report agricultural fire emissions, the additional effort required
to report those as events rather than as county totals; and

•	For California, the requirement to provide documentation of mobile source emissions
calculations using California tools.

In addition to the opportunity to use CAERS case 4, some AERR proposed and retained
revisions would provide opportunities to decrease SLT burden during the initial three-year period
and through the analytical period of the RIA:

•	Provision to collect HAP emissions data direction from owners/operators;

•	EPA providing nonpoint emissions calculation tools for SLT use rather than requiring
each SLT to develop and submit emissions with their own tools;

•	The proposed provision to SLTs to review and accept nonpoint emission tool data
provided by EPA;

•	EPA providing mobile source model inputs for all state/local agencies except California,
and the proposed provision to allow state/local agencies to review and accept mobile
source model inputs provided by EPA for onroad and nonroad sources; and

•	EPA providing activity data for and the proposed provision to allow state/local agencies
to review and accept aircraft, rail yard, commercial marine vessel, wildfire, and
agricultural fire activity data and emissions.

Table 3-23 provides a comparison from the summary information of Table 3-20 with the
previous ICR for the AERR. Because this RIA includes reporting from owners/operators to both

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SLTs (for CAPs) and to EPA (source test data and owners/operators on tribal lands in 2026), the
rows for owners/operators have been separated out to better illustrate the differences in results
for the SLTs of the AERR changes.

Table 3-23: Burden Change



Currently
Approved ICR

Change

Total
Requested

SI Is







Annual Responses

80

+5

85

Annual Respondent Hour Burden

48,702

+153,538

202,240

Annual Respondent Cost Burden

$4,960,908

$23,507,584

$28,468,492

()\\ Hers Operators







Annual Responses

0

+40,315

40,315

Annual Respondent Hour Burden

0

+825,473

825,473

Annual Respondent Cost Burden

$0

$88,918,714

$88,918,714

i:i\\







All LP A Costs

S5,589,000

$792,500

$0,381,500

These changes show an average annual increase in the number of responses from 80 to 85
for SLTs and an associated hour increase of about 154,000 and cost increase of about $28.5
million. The reasons for the large increase in hours and costs have been described previously.
The increase in the number of SLT respondents reflects the requirement that applies to the 50
states, the District of Columbia, and 3 territories (Puerto Rico, Virgin Islands, and Guam).

Additionally, increased labor rates are included in this RIA as compared with the existing
approved ICR. As mentioned in section 3.2 of this RIA, labor rates have been updated to the
May 2021 labor rates (that are the most recent) from the U.S. Department of Labor, Bureau of
Labor Statistics for managers and technical staff (downloaded on 3/21/2022).

As previously described, the costs associated with the proposed AERR include, for the
first time for the AERR, costs to owners/operators for reporting to states, the cost of state data

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systems operations, and includes source test data reporting to EPA. As such, certain apparent
"increases" are solely due to the addition of those workflows as attributable to the AERR.

EPA costs included in this RIA reflect an update to assumed salary of EPA FTEs to
reflect the latest General Services Administration pay table. The additional cost of developing
the emissions estimation tool to reduce burden on small businesses has also been added to EPA
costs. An additional $300,000 has been included for CAERS capital costs in these estimates, to
reflect the planned system migration as part of overall data system streamlining by EPA, which
will incur a higher cost during the initial three-year period for an eventual cost savings. Other
costs have been recently updated in the AERR ICR approved in 2022, and those have been used
in this RIA.

This RIA quantifies costs of collecting data for the NEI, which is published on an annual
basis. After states submit the data, EPA quality assures the point source data, resolves quality
issues with the data submitters, and publishes the point sources in the EIS within 6-9 months.
The remainder of the NEI data are published in the EIS and on EPA's website within 15 months.
The NEI is used in numerous EPA activities that are described in the latest NEI Technical
Support Document available on EPA's NEI website.15

This RIA also quantifies costs of collecting certain source test data using CEDRI, which
is a data system that transfers the data it collects into the WebFIRE system for publication. The
data collected undergo a review period by SLTs that lasts 30 days after receipt for Periodic and
Notification reports and 60 days after receipt for Performance Test / Evaluation reports. At that
time, the data is transferred to the WebFIRE database for public distribution on the WebFIRE
website.16 More information is available on this process through the Central Data Exchange
Guide for Reviewing Reports in CEDRI. Version 1.0 (April, 2020).17

3.9 Costs of the Proposed Action for 2027 and Beyond

Some of the provisions of the proposed AERR revision, if finalized, would take effect
starting in 2027 (for the 2026 emissions inventory year), and some one-time provisions in the

15	https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.

16	https://cfjpub.epa.gov/webfire/.

17	https://dev.epacdx.net/FAQ/ViewDocument?documentNumber=Phx8CgcKgTspercent3D.

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2024-2026 period would not apply. This section provides information to help explain the
changes to burden that would start in 2027 and continue indefinitely.

Table 3-24 provides the proposed AERR provisions that would take effect for SLTs
starting in 2027 and their associated annual changes in hour and cost burden. The EPA includes
the following assumptions in these estimates:

•	CAERS further expands for the 2026 reporting year that occurs in 2027 with 13 SLTs
using their own data system or CAERS cases 1 or 2, 24 using case 3, and 48 using case 4.

•	For activities la through lc, manage and staff hours increase by 10 percent over the hours
for the 2023-2025 period because of the additional HAP pollutants.

•	For activity la, engineer and IT staff hours increase an additional 20 percent because of
necessary updates to the SLT point collection system.

•	For activity lb, engineer and IT staff hours increase an additional 10 percent because of
necessary updates to the SLT point collection system. This reduction would be associated
with lower system burden because CAERS would serve as the user interface.

•	For activity 2, this minor update would impact the staff engineer for supporting facilities
to report additional data under the new requirement

•	For activity 3, this update would include 5percent managerial hours and the following
breakdown of activities for staff

o Prescribed fires collection system O&M: 40 hours engineering and 520 hours IT

o User support for prescribed fire activity reporting: 120 hours engineering and 20
hours IT

o QA of submitted data and revision support: 80 hours engineering
o Converting data into required format: 8 hours engineering and 2 hours IT
o Submitting final data to EPA via CDX: 4 hours engineering
o Responding to follow-up questions from EPA: 20 hours engineering

•	For activities 4a through 4c, the work to implement the HEDD collection would have
occurred during the 2023-2026 period as part of the updates to state regulations and
updating the SLT data system (except for CAERS case 4). Thus, these hours represent the

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minor additional burden associated with collecting data from a small number of
additional units in each SLT.

•	Activity 4b is expected to take more hours because of the additional time needed to
register more facilities in the SLT data system. This is a one-time impact that would
occur during 2027. Since these estimates are based on an initial three-year period and
subsequent periods, the additional hours over Activity 4a are divided by three. The EPA
estimates that the additional hours (above activity la) that would occur in 2027 would be
12 management hours and 80 engineering hours.

•	Activity 5 includes additional engineering hours (7) and IT hours (16) to update the SLT
data system with the additional per- and polyfluoroalkyl substances (PFAS) pollutants
that would be required. This potential impact would not affect SLTs choosing CAERS
case 4.

Table 3-24: Annual Burden and Additions per SLT Starting in 2027 for Proposed AERR
Changes



No.
of
SLTs

Manager
Hrs/yr @
$118.94/Hr

Engineer
Hrs/yr @
$90.83/Hr

IT
Hrs/yr @
$81.02/Hr

Hours/
year
per
SLT

Cost/
year
per SLT

Activities IVom with changes to hurt

en calculation

la. Point source annual
emissions system O&M,
collection, and reporting
for required CAP and
HAP by SLTs, with SLT
system or CAERS cases
1 or 2

13

189

724

1,508

2,421

$210,446

lb. Point source annual
emissions system O&M,
collection, and reporting
for required CAP and
HAP by SLTs, with
CAERS case 3

24

136

371

1,099

1,606

$138,852

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No.
of
SLTs

Manager
Hrs/yr @
$118.94/Hr

Engineer
Hrs/yr @
$90.83/Hr

IT
Hrs/yr @
$81.02/Hr

Hours/
year
per
SLT

Cost/
year
per SLT

lc. Point source annual
emissions collection and
reporting for required
CAP and HAP by SLTs,
with CAERS case 4

48

23

168

22

213

$19,772

Additional proposed activities

2. Provision to require
inclusion of certain
facility-dedicated mobile
sources as part of facility
emissions

85

0

40

0

40

$3,633

3. Provision for states to
report activity data every
year for certain
prescribed burns

52

41

272

542

855

$73,493

4a. HEDD Preferred

approach: States to report
fuel data or heat input for
for small generating units

24

1

8

0

9

$846

4b. HEDD Alternative D2:
expand preferred
approach to include all
units deployed by CSPs

24

5

35

0

40

$3,743

4c. HEDD Alternative D3:
restrict preferred
approach to ozone SIP
states

17

1

8

0

9

$846

5. Option: Include per- and
polyfluoroalkyl
substances (PFAS) in
required pollutants

85

0

8

16

24

$2,023

Maximum liurden
Changes per Sl.T
(activities In. 2. 3. 4b.
and 5)

13

235

1,079

2.066

3,380

$293,338

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No.
of
SLTs

Manager
Hrs/yr @
$118.94/Hr

Engineer
Hrs/yr @
$90.83/Hr

IT
Hrs/yr @
$81.02/Hr

Hours/
year
per
SLT

Cost/
year
per SLT

Maximum Kiirrien
Changes lor CAKUS
case 3 (:icli\ ilies 1 h. 2.
3. 4h. ami 5)

24

182

725

1,657

2,564

$221,744

\ 1 ;i\imiiin Kiirrien
Changes lor CAKUS ease 4
(:icli\ ilies lc. 2. 3. 4b. 21ml

5)

48

69

523

580

1,172

SI 02.664

In Table 3-24, the hours and cost estimates for activities la through lc replace the
analogous estimates in Table 3-18, while the remainder of the rows are estimated additional
burden to the burden estimates form 2024-2026. The maximum burden changes totals include
activities la, 2, 3, 4b, and 5. The SLTs using CAERS case 3 would have a lower burden that
includes activity lb rather than la. The burden is further reduced for SLTs using CAERS case 4
by including activity lc rather than la. The reasons for these lower burdens are both the
reductions as described in the main body above as well as the lower increase in burden
associated with mandatory HAP reporting.

Table 3-25 provides the additional proposed AERR provisions that would take effect for
owners/operators starting in 2027 and their associated annual additions of hour and cost burden.
These burden increases are in addition to the reporting burden included in the main body of this
document. The activity numbers in the table match the numbers used in Table 3-25 and,
therefore, are not sequential. The EPA includes the following assumptions in these estimates:

• The total number of facilities reporting is the number of major facilities plus the number
of non-major facilities estimated to report as described in a separate document prepared
for the Small Business Advocacy (SBAR) Panel. This approach is described in an
attachment to the SBAR Panel convening materials "Attachment 4 - Draft AERR small
business estimation method.docx". After the panel as part of continued development of
the AERR proposal, that method was applied to the final list of NAICS and final

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emissions thresholds proposed by this rule to derive the final estimated number of non-
major facilities and small businesses using the CAA small business size definition.

•	The estimated number of states that will allow facilities to report HAP directly to EPA is
27. Of the remaining SLTs, 26 would continue to use the SLT system or adopt CAERS
cases 1 or 2. The remaining 32 states would report HAP to EPA using CAERS cases 3 or
4.

•	The number of facilities reporting under activity la is the total number of facilities times
the number of SLTs collecting using the SLT data system or CAERS cases 1 or 2 (13)
divided by the total number of SLTs reporting (85).

•	The number of facilities reporting under activity lb/c is the total number of facilities
times the number of SLTs with EPA collecting or that are collecting using CAERS cases
3 or 4 divided by the total number of SLTs reporting (85).

•	The number of facilities reporting PFAS is based on an Environmental Working Group
report "PFAS Nation: Toxic Discharges Suspected From Almost 500 Industrial Facilities
across U.S." from June 11, 2019, and revised July 2021. The report indicates that more
than 41,000 facilities may use or emit PFAS. The EPA chose to include a cost estimate
based on about 10 percent or 4,000 facilities being subject to reporting PFAS. Given the
lack of information about air emissions of PFAS, this number is highly uncertain, but
since the additional hours to report PFAS are low, the uncertainty does not have a large
impact on the overall burden estimates.

The maximum burden totals in Table 3-25 include activities la, 4b, and 5. The
owners/operators using CAERS case 3 or case 4 would have a lower burden through using the
CAERS user interface. The burden reductions included here for owners/operators using CAERS
result from the inclusion of quality controls during emissions reporting, which avoid submission
errors and repeated report submittals. The EPA expects additional burden reduction from
CAERS because it streamlines reporting across several other data systems, but those additional
burden reductions are not quantified here.

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Table 3-25: Annual Burden per Facility Starting in 2027 for Proposed A ERR Changes



No.
Facilities

Manager
Hrs/yr @
$160.50/Hr

Engineer
Hrs/yr @
$101.18/Hr

Hours/
year
per
Facility

Cost/year

per
Facility

la. Collection by SLT for facilities
required to report for HAP for
SLT reporting on behalf of
facilities because of new AERR

16,859

1

24

25

$2,589

lb/c. Collection of required annual
HAP by EPA or SLT with CAERS
cases 3 or 4 from
owners/operators due to new
AERR

93,372

1

16

17

$1,779

4a. HEDD Preferred approach:
States to report fuel data or heat
input for small generating units

235

5

60

65

$6,873

4b. HEDD Alternative D2: expand
preferred approach to include all
units deployed by CSPs

235

10

120

130

$13,746

4c. HEDD Alternative D3: restrict
preferred approach to ozone SIP
states

226

5

60

65

$6,873

5. Include PFAS in required
pollutants

4,000

0

2

2

$202

6. CAERS training (one-time costs
hrs /3)

93,372

0

3

3

$304

7. Contractor support for small
businesses with < 20 employees or
<$3M receipts

19,024

-

-

-

$8,094

Maximum liurden per l-'acility
(activities la + 5)

16.859

1

26

27

$2,791

.Maximum liurden per l-'acility
CAKUS cases 3 and 4 (activities
1 b/c + 5 + 6)

93,372

1

21

22

$2,285

.Maximum liurden per Kacilitv
lor ( SIN (activity 4b)

235

10

120

130

$13,746

Weighted average across
facilities

(across 3 maxima and activity 7)

129.490

1

19

20

$3,225

1 This number assumes that states would collect the data from CSPs rather than from individual facilities.

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To better understand the expected impact of these changes in comparison to this RIA for
the 2024-2026 period, Table 3-26 provides the burden associated with labor hours for SLTs,
owners/operators and the total for both 2024-2026 and for 2027. The table reflects the changes
list in Table 3-26, as well as the removal of the one-time costs occurring during 2024-2026. We
calculated the SLT burden (hours and costs) in 2027 by:

•	Starting with the total burden from Table 3-19;

•	Subtracting the burden for "One-Time Required, Prescribed Burning," "One-Time
Required, Point Sources," "Annual Required, Point Sources," and "Triennial Required,
Point Sources;" and

•	Adding the burden from the three Maximum Burden Changes by SLT from the Bottom of
Table 3-24, using the appropriate number of SLTs for each of the rows to multiply the
per-SLT burden for each.

The primary reasons for the changes to the SLT costs are the increases in burden shown
in Table 3-24 and decreases in burden for one-time activities for all states to update their
regulations and to implement a prescribed burning data collection system. An additional decrease
in burden is reflected because of the additional states expected to use CAERS cases 3 and 4 in
2027 (24 and 48, respectively as compared to 10 and 19 during the 2024-2026 period). Further
estimates of CAERS adoption beyond 2027 have not been included. The costs of voluntary
activities to update HAP regulations are not included in the final summary tables in the ICR
Supporting Statement and thus the removal of those costs is not captured in this RIA as part of
the changes in burden for 2027.

The primary reasons for the changes to the owner/operator costs are that there are many
more facilities required to report starting in 2027 (about 129,500) plus a possible additional 235
CSPs. These numbers are in contrast to the CAP major sources (and few additional Pb emitters)
required in 2024-2026 (12,379). Since the AERR for the 2024-2026 period does not require the
collection of HAP data, the collection of HAP data by SLTs from facilities is not part of the
analysis for that period. With the requirement of collecting HAP emissions starting in 2027, all
burden of owners/operators reporting to both states and directly to EPA becomes a part of the
burden estimate. Although the increase in burden appears large, states are voluntarily collecting

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CAP and, in some cases, HAP from nearly 59,000 facilities (based on 2017 NEI data) in addition
to the 12,379 required facilities. Thus, the practical impact on owners/operators is lower than
what is captured here because the voluntary SLT collections include far more facilities than the
required minimum. In other words, while this proposed action would require reporting for about
116,000 additional facilities beyond the current AERR, 59,000 of those facilities are already
reporting to states.

Table 3-26: Total Estimated Respondent and EPA Burden and Cost Summary Differences
for 2027 Compared to the 2024-2026 Average*



SLTs

Owners/
Operators

Total

Burden
Element

2024-
2026

2027

2024-2026

2027

2024-2026

2027



Number of
Respondents

85

85

40,315

129,490

40,400

129,575

Total Labor
Hours Per
year

298,710

294,732

825,473

2,857,426

1,124,183

3,152,158

Cost Per
Year

S28.5M

S27.7M

S88.9M

S450.1M

S117.4M

S477.9M

* 2021 dollars. M= $1 million.

3.10 Costs in Terms of Present Value and Equivalent Annualized Value

In addition to the burden estimate costs in the form shown in Table 3-26, EPA also
presents these costs in terms of present value (PV) and equivalent annualized value (EAV). The
PV is a current estimate of the costs spread over a period of time; the EAV is a value of these
costs per year whose sum over that period of time equals the PV. We assume a 10 year time
period for estimating costs in this way, beginning in 2024, which is the first year costs are
incurred to comply with the proposal if finalized. Thus, the final year of the time period is 2033.
Given that the vast majority of the costs incurred by affected sources are for labor, an
undiscounted value, we take those labor costs and include them in our analysis. We include all
affected sources and respondents, both governmental (states/local/tribal, and EPA) and industrial
(owner/operator) sources, (that is, the yearly total cost in Table 3-26) in this analysis. We

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discount these costs at 3 and 7 percent in according with guidance in the current OMB Circular
A-4.18 All costs are in 2021 dollars and discounted to 2023.

We estimate that the PV of these costs is $3.06 billion at a 3 percent discount rate and
$2.41. billion at a 7 percent discount rate. The EAV of these costs is $358 million at a 3 percent
discount rate and $343 million at a 7 percent discount rate. These total results are shown at the
bottom of Table 3-27.

Table 3-27: Discounted Total Annual Costs, for the Proposed AERR (million 2021$,

discounted to 2023)

Year

3 percent

7 percent

2024

$114.0

$109.7

2025

$110.6

$102.5

2026

$107.4

$95.8

2027

$424.6

$364.6

2028

$412.2

$340.7

2029

$400.2

$318.4

2030

$388.5

$297.6

2031

$377.2

$278.1

2032

$366.2

$259.9

2033

$355.6

$242.9

PV

$3,056.7

$2,410.3

EAV

$358.3

$343.2

18 U.S. Office of Management and Budget. Circular A-4, "Regulatory Analysis." September 17, 2003. Available
on the Internet at https://www.whitehouse.gov/wp-content/uploads/legacY drupal files/omb/circulars/A4/a-4.pdf.

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Note: Discounted to 2023. Totals may not sum due to independent rounding. Numbers rounded
to two significant digits unless otherwise noted. The EAV is an annualized cost for it is an
estimate calculated from annual costs incurred across the 10 year RIA analytical timeframe.

3.11 Employment Impacts

Regarding employment impacts, environmental regulation including regulation to effect
greater collection of emissions data as included in this proposal, may affect groups of workers
differently, as changes in compliance activities such as those in this proposed action cause labor
and other resources to shift. Standard benefit-cost analyses have not typically included a separate
analysis of regulation-induced employment impacts, especially those involving employment by
state, local, and tribal government entities.19 In this section we discuss qualitatively the potential
employment impacts of this proposed rule.

An environmental regulation affecting the many sectors impacted by this proposed rule as
listed in Chapter 2 is expected to have a variety of transitional employment impacts, which may
include reduced employment at facilities, as well as increased employment for the manufacture,
installation, and operation of equipment related to emissions data collection and services related
to emissions data collection.20 Labor costs and the amount of labor needed for the installation
and operation of monitoring equipment and recordkeeping procedures can be found in the ICR
supporting statement and related appendices and reports for this proposed rule discussed earlier
in this RIA chapter. For this proposed rule, the EPA expects some potential for small changes in
the amount of labor needed in different parts of the affected sectors nationwide, though the
absolute labor hour estimate in absolute are not trivial, as shown by the labor estimates presented
earlier in this RIA chapter.21 These employment impacts, both negative and positive, may be
likely to be relatively small or de minimus, though the discussion of impacts on small entities

19	Labor costs associated with regulatory compliance activities are included as part of total costs in EPA's standard
benefit-cost analyses. See Section 3.1 of this RIA for a discussion of operating, supervisory, and maintenance labor
hours for labor costs associated with operation and maintenance of equipment, and labor expenses required for
monitoring, reporting, and record keeping as estimated in the ICR for this proposal.

20	Schmalansee, R. and R. Stavins (2011). "A Guide to Economic and Policy Analysis for the Transport Rule."
White Paper. Boston, MA. Exelon Corp.

21	The employment analysis in this RIA is part of EPA's ongoing effort to "conduct continuing evaluations of
potential loss or shifts of employment which may result from the administration or enforcement of [the Act]"
pursuant to CAA section 321(a).

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that is part of the IRFA presented in Chapter 4 of this RIA should lead to care in the examination
of such impacts.

3.12 Social Welfare Considerations

As stated in E.O. 12866, when a regulatory action is deemed "significant," an estimate of
the regulation's social cost is compared to its social benefits to determine whether the benefits
justify the costs. The value of a regulatory action is traditionally measured by the change in
economic welfare that it generates. The regulation's welfare impacts, or the social costs required
to achieve environmental improvements, will extend to consumers and producers as economic
agents. Consumers experience welfare impacts due to potential changes in market prices and
consumption levels associated with the proposed rule. Producers experience welfare impacts
resulting from changes in profits corresponding with the changes in production costs, output
levels, and market prices. These benefits are discussed in Chapter 5. A qualitative discussion and
comparison of the net benefits (benefits less costs) of this proposed action is also presented in
Chapter 5.

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APPENDIX 3-A: COSTS OF EMISSIONS DATA ACTIVITIES FOR STATE

IMPLEMENTATION PLANS

In addition to the burden associated with the proposed AERR revisions, this RIA
quantifies the burden of activities that states/locals must do to create emissions inventory data
needed to comply with certain Clean Air Act requirements for SIPs. While the activities by SLTs
to submit such information to EPA were previously examined in the accompanying ICRs
associated with the various SIP requirements rules,22 the activities to develop the emissions data
for SIPs have not been previously quantified. This analysis quantifies emissions data preparation
costs for those expected SIP emissions inventory preparation efforts over the period covered by
this RIA.

The analysis provided in this Appendix is divided into four sections. The first section
provides the approach for estimating the number of SLT respondents, while the second section
provides cost estimates for these. The third section provides estimated costs of additional
reporting by owners/operators to states to provide additional emissions inventory data needed for
SIPs that is in addition to the annual data collected by states for reporting under the AERR.
Finally, the last section includes the total burden associated with these SIP-related emissions
inventory activities for both SLTs and owners/operators.

3-A.l Number of SLT respondents

The number of respondents overall includes all 50 states, but depending on the activity,
some states may have more than one SIP action. The EPA estimates that during the 2024-2026
period, states will prepare 58 periodic ozone season emissions inventories, 28 projected
attainment year inventories, 74 base year inventories for the nonattainment area (total for both
ozone or PM2.5 SIPs), 42 emissions inventories to support modeled attainment demonstrations,
and 50 emissions inventories for regional haze modeling for the third planning period.

Table 3-A-l provides EPA's estimates of the SIP actions expected occur during the 2024-
2026 period. These activities to estimate an annual cost of SIP emissions data preparation
activities that would occur through the RIA analysis period (i.e., through 2033). This approach is

22 Implementation of the 2008 National Ambient Air Quality Standards for Ozone State Implementation Plan
Requirements, OMB control number 2060-0695; PM2.5 National Ambient Air Quality Standards (NAAQS) State
Implementation Plan (SIP) Requirements Rule, OMB control number 2060-0611.

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used because predicting SIP-related emissions activities occurring after 2026 is highly uncertain.
The leftmost column of the table shows the program name followed in the subsequent columns
by the various emissions-related activities (and any relevant assumptions) and the number of
areas affected. The column labeled "Count by" indicates the basis for estimating the "Number
affected" on that row. These "Count by" labels are for the nonattainment area ("Area"), the
combinations of nonattainment area and SLTs ("Area-SLT"), or the SLT.23 The type of "Count
by" used affects how EPA computed the hours for the burden estimates. The "Emissions
activities 2024-2026" column indicates whether during the 2024-2026 period covered by this
analysis, EPA expects emissions activities to be performed by SLTs.

Table 3-A-l: Evaluation of Potential SIP Activities

Program

Activity

Number
affected

Count
by

Emissions
activities
2024-2026

Ozone NAAQS
(all active)

Periodic Emissions Inventory

58

Area

Yes

Projected 10-year inventory for
maintenance plan

14

Area-
SLT

Yes

Base year inventory for the NAA (for
inventory SIP or maintenance plan)

52

Area-
SLT

Yes

Emissions for modeled attainment
demonstration (base year and
projected attainment year)

38

Area-
SLT

Yes

Ozone NAAQS
(Transport)

No specific requirements, though
upwind linked states may need to use
emissions data.

23

SLT

Yes

23 An area-SLT combination reflects that a single nonattainment or maintenance area may overlap with 3 states, for
example, the New York-New Jersey-Long Island nonattainment area overlaps with New York, New Jersey, and
Connecticut. Since each state would separately need to do emissions projections, EPA has counted these separately
for purposes of estimating burden.

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Program

Activity

Number
affected

Count
by

Emissions
activities
2024-2026

PM2.5 (all active)

Projected 10-year inventory for
maintenance plan or projected
attainment year inventory

14

Area-
SLT

Yes



Base year inventory for the NAA (for
inventory SIP or maintenance plan)

22

Area-
SLT

Yes



Emissions for modeled attainment
demonstration (base year and
projected attainment year)

4

Area-
SLT

Yes



Designations, 5-factor analysis
including emissions evaluations

30

Area-
SLT

No



Infrastructure SIPs/Transport

51

SLT

No

NOx SIP call

Any activity

21

SLT

No

Regional Haze

Statewide emissions inventory needed
for Regional Haze progress reports
due in 2025.

51

SLT

No



Statewide emissions inventory for the
third SIP planning period (due in
2028). Assume modeling inventory
and emissions modeling activities
needed.

51

SLT

Yes

CO

Base year inventory for the NAA (for
maintenance plan)

82

Area

No

N02

Base year inventory for the NAA (for
maintenance plan)

1

Area

No

S02

Emissions for AERMOD modeling

35

Area

No

Pb

Emissions for AERMOD modeling

1

Area

No

For the activities related to the ozone standards shown in this table, EPA reviewed
possible actions that could occur during the 2024-2026 period based on the classification of
nonattainment areas (Marginal, Moderate, Serious, Severe, or Extreme) and the latest
information about ambient conditions in those areas. For the periodic emissions inventory, EPA
assumed all 58 existing nonattainment areas would need to do a periodic inventory. These

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inventories are not identical to those submitted to EPA for the AERR's triennial reporting
requirement previously described, because the periodic inventories have several differences.
Thus, EPA counts here only the additional effort (beyond what would be done for the AERR)
needed for states with existing nonattainment areas to create the nonattainment area inventories.

For the ozone NAAQS projected 10-year inventory for maintenance plans, EPA has
assumed the following numbers of state-area (or "area-SLT") combinations to arrive at the count
of 14 shown in the table: 2008 ozone standard (3), 2015 ozone standard (11). A state-area
combination reflects that a single nonattainment or maintenance area may overlap with 3 states,
for example, the New York-New Jersey-Long Island nonattainment area overlaps with New
York, New Jersey, and Connecticut. This is consistent with EPA's assumption that all 58
existing ozone NAAQS nonattainment areas would need to do a periodic inventory. Since each
state would separately need to do emissions projections, EPA has counted these separately for
purposes of estimating burden.

In addition, for ozone, EPA arrived at a count of 52 new or updated base year inventories
for the nonattainment areas, as follows. Each of the following occurrences would trigger a state
to need to prepare such an inventory: 2008 ozone standard areas reclassified from Serious to
Severe (7), 2015 standard areas reclassified from Marginal to Moderate (5) and from Marginal or
Moderate to Serious (31), and areas needing maintenance plans (9). Lastly for the ozone
standard, a reclassification from Moderate to Severe would cause an area/state to create a new
modeled attainment demonstration, so EPA has counted a possible 38 such demonstrations
requiring modeling inventories during the period of this RIA.

For ozone transport SIPs, there are not necessarily any specific submissions from states
that EPA believes would occur during the 2024-2026 period. However, states may need to
develop emissions inventories (or revise EPA inventories) during the period so that they could
meet requirements for submissions after 2026. Thus, EPA assumes 23 upwind states based on its
latest proposed rulemaking would have emissions inventory activities during the period of the
RIA.

For the PM2.5 standards, EPA reviewed possible actions that could occur during the
period for this ICR based on the classification of nonattainment areas {i.e., Moderate or Serious).
In the case of PM2.5 SIPs, projected inventories could be needed either for a 10-year inventory

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for a maintenance plan or for a projected attainment year inventory for a Moderate or Serious
SIP. The EPA anticipates that the following could occur during the period of this RIA resulting
in 14 future-year projected inventories: Maintenance plans for the 1997 PM2.5 standard (3) and
for the 2006 PM2.5 standard (7), 2012 PM2.5 standard areas bumped from Moderate to Serious
(2), and 2012 PM2.5 standard Serious area attainment plans due (2). For new base year
inventories for the nonattainment areas, EPA anticipates a total of 22 of these as follows: for all
the cases just described for PM2.5 SIP projected attainment inventories above (14) and for second
maintenance plans (8).

In addition to the ozone and PM2.5 standards where most of the activities would occur
during the 2024-2026 period, EPA considered whether any state activities beyond the AERR
reporting activities would be necessary for the NOx SIP call (40 CFR 51, Subpart G) and
determined that there are not. For Regional Haze SIPs, the inventory work needed for the 2025
progress reports would generally have been completed prior to 2024, but the emissions inventory
work for the third planning period will likely occur in part during 2025 and 2026. The EPA also
considered whether any emissions-related SIP work would be necessary for CO or NO2
maintenance areas and concluded none would occur during the 2024-2026 analysis period.
Finally, for SO2 and Lead nonattainment areas, while some activities related to emissions may
occur, EPA assumes that no additional emissions activities beyond what SLTs do for annual and
triennial emissions reporting and permitting efforts already covered by ICRs would be needed.
This is in part because emissions levels used in modeling for these SIPs are usually PTE levels,
the values for which are available in permits and collected via other ICRs as previously
described.

The EPA additionally has assumed that no further emissions inventory preparation
burden exists for NO2, SO2, or Lead SIP development. This assumption has been made because
SIPs for these pollutants use source-specific analyses that require detailed PTE emissions and
facility emissions release parameters. The PTE information is included in facility permits and its
collection is, therefore, covered by the 40 CFR Part 70 State Operating Permit Program (EPA
ICR Number 1587.15, OMB Control Number 2060-0243) and the 40 CFR Part 71 Federal
Operating Program (EPA ICR Number 1713.13, OMB Control Number 2060-0336). The
emissions release parameters for those facilities needed for completing these SIPs are covered by
the annual emissions inventory collection, for which the burden is included in this analysis.

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Finally, EPA has identified that no CO maintenance plans or SIPs are due during the 2024-2026
period of this analysis.

3-A.2 SLT burden for emissions-related SIP requirements

To estimate costs associated with SIP emissions inventory data preparation, this
methodology uses three steps. First, as listed in Table 3-A-l, EPA estimated the number of states
or local agencies that will need to create emissions data for each emissions-related SIP activity
occurring during the 2024-2026 analysis period (e.g., for the ozone program this would be the
number of agencies with nonattainment planning obligations; for the regional haze program, this
would be each state air agency). Second, EPA estimated the number of hours associated with
creating the emissions data that are beyond hours associated with emissions work for annual and
triennial submissions under the AERR. Third, EPA multiplied the number of entities and the
number of hours to get the total hours, including hourly cost information in those calculations to
also get annualized costs.

Based on the standards and activities listed in Table 3-A-l, EPA grouped activities across
the air quality standards and aggregated the areas affected. The "Number affected" column in
Table 3-A-2 provides the totals of affected nonattainment areas and/or states. The other columns
in that table provide EPA's estimated number of additional annual hours beyond annual/triennial
reporting to perform the emissions-related steps for SIPs. A party performing these activities
would, at most, perform each activity listed only once during the 3-year analysis period. So, to
provide the annualized burden per entity, EPA divided the total number of hours for each activity
by 3. The EPA assumed that managerial hours for these tasks were 5 percent of the technical
hours. For preparation of periodic ozone season emissions, EPA calculated that there are on
average 1.3 states associated with each ozone nonattainment area. Since the row included
periodic inventories counts by area, the hours were set to be 30 percent higher in this row than
for similar activities in the subsequent two rows.

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Table 3-A-2: Annualized Burden per SLT respondent for SIP emissions activities

Activity

Number
affected

Count
By

Manager
Hrs/yr @
$118.94/Hr

Engineer
Hrs/yr @
$90.83/Hr

Total

Hours/

Year

Labor
Cost/Year

1. SLT prepare periodic
ozone season emissions for
point, nonpoint, mobile,
and events

58

Area

10.67

208

219

$20,160

2. SLT prepare any
projected year NAA
emissions for point,
nonpoint, and mobile

28

Area

and

State

8.67

173.33

182

$16,774

3. SLT prepare any base
year inventory for the
NAA

74

Area

and

State

17.33

346.67

364

$33,548

4. SLT prepare emissions
for any modeled attainment
demonstration (includes
future emissions and
processing)

42

Area

and

State

8.67

173.33

182

$16,774

5. SLT prepare emissions
for regional haze modeling
for third planning period

51

State

17.33

346.67

364

$33,548

Average Burden per
State

51

State

67

1,324

1,391

$128,175

To calculate an average value across entities, EPA chose to make this calculation by state
(including the District of Columbia), even though some of the burden is also shared by local

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agencies and tribes. This averaging approach allows for comparison between this analysis and
subsequent analyses that would be needed for future SIP-related ICRs, for which the number of
estimated entities per activity may change. The EPA recognizes that all emissions-related
activities do not apply to all states and that some such activities are performed by local agencies
and tribes. The total burden associated with the rule will not be affected by this calculation, but
rather, we provide this state average only for comparison purposes with other estimates in this
analysis and with subsequent ICRs.

3-A.3 Burden on Owners/Operators Related to Emissions Inventories for SIPs

To estimate burden on owners/operators that is related to emissions inventory
submissions in support of SIPs, EPA has estimated the number of affected facilities and the
number of hours to report seasonal emissions needed for SIPs that go beyond the effort for
annual reporting associated with the AERR (and covered in the primary RIA). These efforts are
to report the seasonal data, such as ozone-season-day emissions.

To estimate the number of facilities affected, EPA has estimated the number of facilities
that SLTs collect to comply with requirements to create inventories for nonattainment areas for
Ozone SIPs and PM2.5 SIPs. Only those standards are included because reporting the season-day
emissions (that can be used for emissions inventories for those standards) would impose
additional burden on facilities and states to estimate those emissions. To estimate the number of
facilities, EPA analyzed NEI facilities within nonattainment areas. Facilities were counted as
being directly or indirectly required to report for SIP reasons if any of the following were true:

1)	The facility is listed as a "CAP Major" or "HAP/CAP Major".

2)	The facility has emissions of 5 tons or more of NOx or VOC.

3)	The facility had lOx or more the minimum value of NOx or VOC of any Major facilities
within the area. This step is done because NOx and VOC emissions reporting thresholds
are based on PTE rather than actual emissions. The minimum values for NOx and VOC
for all Major facilities within any given area are usually much less than 1 tpy, so this
approach is conservative.

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Based on this approach, EPA estimated 8,947 facilities were required to report based on
nonattainment area emission inventory requirements. This value was rounded to 8,950 for the
burden calculations made for this proposed rule.

To estimate the number of hours, EPA considered that the bulk of emissions reporting
burden is associated with reporting annual emissions to states because annual emissions
reporting covers reporting of all facility attributes (units, processes, release points, etc.) and
emissions of all required pollutants. The incremental burden to add season-day emissions would
be low because these are just a few more emissions values to include in a report. The EPA
assumed this effort would be 15 percent of the annual reporting burden, or 4 hours per facility
once within each three-year period.

3-A.4 Total Estimated Costs per Year of Emissions Inventories for SIPs

Based on the information in the previous sections, Table 3-A-3 provides the resulting
annual costs associated with creating the emissions inventories for SIPs. The estimated total
costs to SLTs are about $6.5 million per year while costs to owners/operators are about $1.2
million per year. As with the other annual costs in this RIA, these costs are in 2021 dollars.

Table 3-A-3: Total Annual Cost of Emissions Inventory Preparation Activities for SIPs

Activity

Average
Number
Entities Per
Year

Total Hours Per
Year

Total Costs Per Year

SLTs collect
required SIP
emissions data

51

70,941

$6,536,925

Owners/Operators
report season-day
CAPs by facilities
within

2,983

11,933

$1,207,391

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nonattainment
areas to states







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APPENDIX 3-B: COSTS OF VOLUNTARY ACTIVITES

The RIA and the draft Information Collection Request (ICR) for this proposed action
includes collection of both mandatory and voluntary data from states (defined to include certain
local and tribal governments) for annual and more extensive triennial collections of emissions
data. The draft ICR also covers the proposed collection of mandatory and voluntary data from
owners/operators that emit emissions at or above proposed reporting thresholds and that perform
source tests. The baseline for this proposed action presumes that data submitted to EPA
voluntarily under the current AERR is considered an additional cost of this proposed rule and
therefore has not been included in the RIA's analytical baseline. The RIA describes this issue
regarding the baseline in Chapters 1 and 5. This Appendix describes the costs associated with
activities that are already being done voluntarily.

3-B.l Voluntary Reporting Under the Current and Proposed AERR

While the current AERR provides support for voluntary data collection, and many states
provide a considerable amount of useful HAP data, the EPA has significant evidence that the
current voluntary reporting program from states is insufficient to meet the Agency's data needs,
even when EPA augments the data using the TRI. The EPA discusses this evidence that the
current voluntary reporting program from states is insufficient to meet EPA's data needs in
section IV. A of the proposal preamble. In addition, under the current voluntary program, some
states submit extensive HAP data, while others submit little or no HAP data. Finally, the
longstanding absence of stationary source data from sources within Indian country and the lack
of success in collecting sufficient data for estimating emissions of many prescribed fires in many
states is indicative of several significant gaps in emissions data needed by the EPA to carry out
many required programs. Given the current incompleteness of emissions data, the EPA believes
that one appropriate approach for this RIA is to consider a baseline that does not include the
costs associated with the voluntary collection of emissions data by states.

A significant part of the burden as shown in this RIA is associated with the proposed
requirements that codify collecting data currently reported by SLTs voluntarily. Another part of
the burden includes activities already incurred by states such as operation and maintenance of
their emissions collection system. This Appendix focuses on the burden associated with these

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voluntary and existing activities. These sources of burden under the current AERR and proposed
AERR, both for the ICR analysis period of 2024-2025 and 2027 and beyond, are listed in Table
3B-1 including the status of those as voluntary or mandatory under the proposed rule. In the
table, ฅ represents voluntary, R indicates required, and V/R indicates a voluntary activity that
becomes required when states choose to report HAP on behalf of owners/operators.

Table 3B-1: List of sources of burden that are voluntary under current or proposed AERR
over time

Source of burden

Current
AERR?

2024-2026*

2027-

States report emissions for nonpoint sources

R

V

V

Owners/operators outside of states' implementation
planning authority report CAP and HAP

V

R

R

Owners/operators report HAP from point sources (and
states can voluntarily report on their behalf)

V

V

R

States report emissions from additional facilities (due
to HAP thresholds under proposed AERR)

V

V

V/R

States prepare for use of CAERS

V

V

V

States update emissions regulations to include HAP

n/a

V

V/R

States apply to report HAP

n/a

V

V/R

States provide activity and related information for
prescribed burning

V

V

R

States provide activity and related information for
wildfires

V

V

V

Rail companies provide rail yard data

V

V

V

* The years shown in this table are the years in which the burden occurs. The related NEI year is
one year earlier.

As shown in Table 3B-1, there are four activities that are currently voluntary that will
become mandatory under the proposed rule. These are (1) owners/operators reporting HAP from

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point sources, (2) owners/operators reporting CAP and HAP from point sources outside of states'
implementation planning authority, (3) states reporting for additional facilities due to the HAP
threshold change (when reporting HAP on behalf of owners/operators), and (4) states reporting
activity and related information for prescribed burning. Of these, the activity for states to report
additional facilities due to the HAP threshold change is the most significant contribution to the
overall burden.

3-B.2 Total Estimated Burden with Comparison of Burden Estimates Associated
with Voluntary Activities with Those of Mandatory Activities

Table 3B-2 includes total estimated burden split by respondent, activity, and mandatory
or voluntary activities for the analysis period of the ICR (2024-2026). Total estimated burden for
all entities combined is 1,142,927 hours for mandatory activities (or 92 percent) and 99,115 (or 8
percent) for voluntary hours during the 3-year period of the ICR. Of this, the estimated burden
for states is 317,454 hours for mandatory activities (or 76 percent) and 99,087 for voluntary
activities (or 24 percent). Estimated burden for owners/operators is 825,473 hours for mandatory
activities and 28 hours for voluntary activities. Thus, the estimated burden for owners/operators
is almost entirely (more than 99 percent) is for mandatory activities.

Given the nature of these estimates, the distribution of the costs will mirror the
distribution of labor hours associated with these activities. Thus, for the states, roughly 76
percent of the costs of this proposal for the ICR analysis period of 2024-2026 are incurred as a
result of provisions that are mandatory (required for this proposal, and not being done in the
baseline). The costs reflect that 24 percent of what is incurred is due to voluntary provisions. For
owners/operators, virtually all of the costs incurred for the ICR analysis period of 2024-2026 are
due to mandatory provisions. Thus, the issue of whether to consider the costs of voluntary
provisions now codified in this proposal as belonging in the baseline for owners/operators has
little impact on the proposal cost estimates. It is a nontrivial consideration in the costs of the
proposal for states, however. Finally, when impacts across all sources are considered, the impact
of mandatory provisions is 92 percent, with a nontrivial share of 8 percent for voluntary
provisions.

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Table 3B-2: Total Estimated Burden for Proposed A ERR Requirements for 2024-2026

Entity

Activity

Mandatory
Hours

Voluntary
Hours

Total
Hours

States

Update emissions regulations and
build prescribed burning collection
system

156,784

0

156,784

Convert to CAERS, update
regulations to include HAP, and apply
to report HAP



88,554

88,554

Emissions reporting to EPA

45,456

10,533

55,990

Maintaining emissions collection
system (Operations/Maintenance)

115,214

0

115,214

State SubTotal

317,454

99,087

416,542

Owners/
Operators

Source test reporting

161,040

0

161,040

Emissions data reporting to the EPA
(Indian country and rail companies)

11,466

28

11,494

Reporting required data (for AERR) to
states

144,993

0

144,993

Preparing to report release point
locations

507,973

0

507,973

Owners/Operators SubTotal

825,473

28

825,501



Total

1,142,927

99,115

1,242,043

For 2027 and beyond, the requirement of collecting HAP emissions starting in 2027, after
not being a requirement before that year, means that all burden of owners/operators reporting to
both states and directly to EPA becomes a part of the burden estimate for the proposed rule.
Although the increase in burden to owners/operators from the 2024-2026 period appears large,
states are voluntarily collecting CAP and, in some cases, HAP from nearly 59,000 facilities
(based on 2017 NEI data) in addition to the 12,379 required facilities. Thus, the practical impact
on owners/operators is lower than what is captured here because the voluntary state collections

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include far more facilities than the required minimum. In other words, while this proposed action
would require reporting for about 117,000 additional facilities beyond the current AERR, 59,000
(or slightly more than 50 percent) of those facilities are already reporting to states. Hence, 58,000
owners/operators (or just less than 50 percent) facilities will have to report such emissions to
comply with the AERR that do not have to under the current AERR.

In conclusion, the issue of the most reasonable and accurate baseline is an important
consideration for the estimation of burden estimates. In particular, as shown above, it is
important for the estimation of burden estimates for states given the amount of voluntary
activities that will continue during the analysis period as compared to mandatory activities. This
baseline issue becomes less of an analytical concern for states beginning in 2027 given that the
bulk of burden estimates will be for mandatory activities to reflect the changes included in Table
3B-1. For owners/operators, this issue has minimal influence on the analysis given that virtually
all of the burden estimates are for mandatory activities during the 2024-2026 ICR analysis
period, and also for 2027 and beyond.

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4

INITIAL REGULATORY FLEXIBILITY ANALYSIS

4.1	Introduction

Pursuant to Section 603 of the RFA, the EPA prepared an initial regulatory flexibility
analysis (IRFA) that examined the impact of the proposed rule on small entities along with
regulatory alternatives that could minimize that impact. The EPA is soliciting comment on the
presentation of its analysis of the impacts on small entities. As required by Section 604 of the
RFA, the EPA will prepare a final regulatory flexibility analysis (FRFA) for this action as part of
the final rule. The FRFA will address the issues raised by public comments on the IRFA.

An IRFA illustrates how EPA considers the proposed rule's small entity effects before a
rule is finalized and provides information about how the objectives of the rule were achieved
while minimizing significant economic impacts on small entities. We provide a summary of
IRFA elements; the preamble and SBAR Panel report for this proposed rule provide additional
background and details.

4.2	Why Action by the Agency is Being Considered

As stated in the summary to the proposed AERR preamble, this action proposes changes
to the current EPA emission inventory reporting requirements in 40 CFR Part 51, Subpart A, also
called the Air Emissions Reporting Requirements (AERR). The proposed amendments may
require changes to current regulations of air pollution control agencies, meaning state, local, and
certain tribal air agencies. The proposed amendments would require these agencies to report
emissions data to the EPA using different approaches from current requirements and would
require owners/operators of some facilities to report additional emissions data. More specifically,
the EPA is proposing to require certain sources report information regarding emission of
hazardous air pollutants. The proposed revisions would also define a new approach for optional
collection by air agencies of such information on hazardous air pollutants by which state, local
and certain tribal air agencies may implement requirements and report emissions on behalf of
owners/operators. The proposed revisions would also make the requirements for point sources
consistent for every year; phase in earlier deadlines for point source reporting; add requirements
for reporting fuel use data for certain sources of electrical generation associated with peak

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electricity demand; add requirements for reporting activity data for prescribed fires; clarify
expectations for reporting data for airports, rail yards, commercial marine vessels, and
locomotives; change requirements for nonpoint sources when the EPA has published emissions
methods; add a requirement for completing a nonpoint survey; change nonpoint source
deadlines; change reporting requirements for nonpoint data when an Indian tribe reports; and
make a variety of clarifications and administrative changes.

For owners/operators of facilities that meet criteria described in this proposal, the
proposed revisions would require emissions reporting of hazardous air pollutants, except when
an air agency is approved to report on their behalf; would require sources within Indian country
not reported by an air agency to report all identified pollutants to EPA; and would require
reporting of performance test and performance evaluation data to the EPA for all tests conducted
after the effective date provided in the final rulemaking.

The proposed amendments in this action would ensure that communities have the data
needed to understand significant source of air pollution that may be impacting them and ensure
that the EPA has sufficient information to identify and solve air quality and exposure problems.
The proposed amendments would also allow the EPA to have information readily available that
the Agency needs to protect public health and perform other activities under the Clean Air Act
(hereafter referenced as the CAA or "the Act"). The EPA has taken a systematic approach in
developing this proposed action to ensure that key emissions information is collected in a
streamlined way, while preventing unnecessary impacts to small entities within the communities
we seek to inform and protect. The proposed amendments would continue EPA's partnership
with states in a way that also respects the framework provided by the CAA.

4.3 Objectives of, and Legal Basis for, the Proposed Rule

With this action, the EPA proposes amendments that would ensure HAP emissions data
are collected consistently for all communities across the country. Currently, the availability and
detail of HAP emissions data varies across states, which creates a situation where some
communities have incomplete or less accurate information than others, while still facing the
same or greater potential risks. To accomplish this within the authorities provided by the CAA,
the EPA proposes new requirements on owners/operators under CAA Part A to report HAP
emissions directly to EPA. Consistent with provisions of the current version of the AERR, the

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EPA proposes to retain state reporting of CAPs under CAA Part D, retain voluntary state
reporting of HAP, and proposes an approach by which a state may report HAP emissions on
behalf of sources in that state.

To reduce the possibility of redundant or conflicting HAP emissions reports coming to
the EPA from both states and owners/operators of facilities, this action proposes that states may
elect to assume an owner/operator's responsibility for HAP reporting, provided that the state
receives EPA approval that its HAP reporting rules satisfy the proposed requirements that would
otherwise need to be met by owners/operators. Requirements for owners/operators would
continue unless and until the EPA approves the state program, at which point it would become a
state responsibility {i.e., state reporting would no longer be voluntary for that state). In such
cases, the requirement for owners/operators to report directly to the EPA under this proposed
action would be suspended provided that the state continued to have the responsibility and
obligation to report the source's emissions.

Owners/operators already report HAP to many states. To allow for the EPA and states to
streamline reporting for owners/operators, the EPA proposes to require owners/operators to
report to the EPA using the Combined Air Emissions Reporting System (CAERS). This
emissions collection system has been developed by the EPA to streamline reporting from
owners/operators to multiple EPA and state programs. While this proposed amendment would
add reporting requirements on owners/operators, CAERS can offset and even reduce total burden
by providing owners/operators a way to report to the National Emissions Inventory (NEI),

Toxics Release Inventory (TRI), as well as state programs. The EPA plans future enhancements
to CAERS to share emissions data with the Greenhouse Gas (GHG) Reporting Program
(GHGRP) and the Consolidated Emissions Data Reporting Interface (CEDRI), which will help
owners/operators further streamline their reporting requirements.

This proposed action does not require states to use CAERS, but the EPA expects its use
would help streamline emissions reporting efforts for facilities, prevent duplication of effort, and
lessen burden on states for maintaining their own emissions collection systems. The EPA
proposes that if the EPA approves a state for HAP reporting under the proposed option for doing
so, a state would be able to continue using their existing emissions reporting forms and
approaches provided that such approaches were updated to reflect any new AERR requirements.

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Depending on choices made by a state, owners/operators would either report to the EPA using
CAERS, to the state using CAERS or a state system, or to CAERS for HAP and to a state system
for pollutants required by the state.

The EPA anticipates that many current or future state regulations will have more
stringent HAP reporting requirements than those proposed in this action. A state could require
reporting by owners/operators of facilities and for pollutants that would not otherwise be
regulated based on this proposed action. If that occurs, a state that is approved to report HAP
would be obligated only to report to the EPA those facilities and pollutants that would be
required by this proposed action.

The proposed amendments would also rely on reporting by owners/operators directly to
the EPA to ensure data for all pollutants are submitted by facilities that are outside the state's
implementation planning authority. Most facilities of this type are located within Indian country
and within Federal waters. Under the current AERR, emissions from these facilities are only
reported to the EPA if a tribe chooses to do so, either voluntarily or through a formal TIP in
which the tribe has accepted the AERR reporting requirements. The EPA also collects data from
the Bureau of Ocean Energy Management (BOEM) for certain offshore facilities within their
jurisdiction. In the current AERR, states do not report emissions data from federally permitted
facilities within Indian country or elsewhere that are not regulated by a state. The current AERR
and this proposed revision defines certain facilities as "point sources" to ensure that the EPA has
detailed data on individual facilities when needed. The proposed amendments would ensure that
point source facilities and their emissions are reported to the EPA either via the state where
appropriate or by owners/operators. This requirement would apply regardless of whether a
facility is located within Indian country, offshore, or other locations.

The EPA proposes to revise emissions reporting by states for nonpoint sources (as
defined in the AERR at 40 CFR 51.50) to improve data quality, consistency, and transparency
for triennial reporting. These proposed revisions are based on an evolution of voluntary
approaches that have been implemented under the current AERR and evaluated by the EPA
while implementing the last several triennial NEIs. If finalized, this proposed action would make
mandatory those currently voluntary approaches that support collaboration between states and

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the EPA on nonpoint source emissions to make the needed improvements. For more information,
please refer to the proposal preamble.

For commercial marine vessel and underway locomotive emissions, the EPA proposes to
add a clarifying statement about treating such sources as nonpoint sources for submission to the
EPA under the AERR. The EPA also proposes to require states to report emissions data
associated with EPA's standardized emissions calculation methods. States would be required to
either (a) report annual emissions and documentation, (b) provide comment on EPA-provided
data, or (c) accept EPA-provided data.

The EPA intends to retain the current requirement for states to report emissions for
nonpoint sources for which the EPA does not have emissions estimation tools. However, the
EPA proposes to add a documentation requirement for such sources, which is not included in the
current AERR. Consistent with the current rule, this proposed requirement would be limited to
CAP emissions, but states may also voluntarily submit HAP emissions for these sources.

The EPA proposes to require states to report activity data for certain prescribed fires on
state, private, or military lands for the purpose of data quality and completeness, specifically
excluding prescribed fires that occur on non-military Federal lands. States would report fire
activity data on a day-specific basis for each broadcast and understory burn affecting 50 acres or
more. Similarly, states would report prescribed fire activity data for a pile burn affecting 25 acres
or more, including fires with both pile and broadcast or understory characteristics. EPA is
committed to helping communities and our Federal, state, local, and tribal partners to manage the
health impacts of smoke from wildland fires including prescribed fires. EPA acknowledges that
these partners view the use of prescribed fire as an important tool for reducing wildfire risk and
the severity of wildfires and wildfire smoke. This proposal would help gather information needed
to best estimate emissions from prescribed burning. The EPA also proposes to add a requirement
that, for the purposes of data reported to EPA, man-made grassland/rangeland fires are
considered prescribed fires and not agricultural fires.

The proposed revisions would clarify how states other than California can meet the
current requirement to report onroad and nonroad emissions model inputs by submitting only
select inputs. California would not be impacted by this proposed clarification because this
proposed action would retain the current requirement for California (at 40 CFR 51.15(b)(3)) to

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submit emissions data from its own mobile models rather than model inputs. This proposed
action would establish the following minimum model inputs to be reported: a county database
checklist, vehicle miles traveled, and vehicle population. Additionally, the EPA proposes a list of
other mobile model inputs that states can optionally provide and proposes to remove certain
inputs from being submitted in any situation.

The EPA also proposes to add a requirement for California to provide documentation
regarding the onroad and nonroad emissions data they submit, which would describe the inputs,
modeling, post-processing of data, and quality assurance performed by California to create the
emissions submitted to EPA.

The EPA proposes additional changes that impact all source categories. First, this action
proposes to add a definition of "actual emissions" that would apply specifically of this subpart A
of Part 51 (to the AERR). The proposed definition would clarify the relationship between the
term "actual emissions" and other emissions terms including emissions from periods of startup,
shutdown, and malfunction (SSM). Second, this proposed action would provide language to
better address the relationship of the requirements of this subpart to the requirements of the NOx
SIP Call, Regional Haze requirements, Ozone SIP Requirements Rules, and the PM2.5 SIP
Requirements Rule.

For additional details on the legal objectives of this rule, please refer to the proposal
preamble.

4.4 Number of Small Entities to Which the Proposed Rule Will Apply

The Regulatory Flexibility Act (RFA) defines small entities as including "small
businesses," "small governments," and "small organizations" (5 USC 601). The RFA references
the definition of "small business" found in the Small Business Act, which authorizes the SB A to
further define "small business" by regulation. The SBA definitions of small business by size
standards using the North American Industry Classification System (NAICS) can be found at 13
CFR 121.201. EPA has used 2017 NAICS codes because EPA has used 2017 emissions data in
preparing this proposal and Panel report and because this work was started before the 2022

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NAICS codes became the official industry classification list for SBA's small business size
standards as of October 1, 2022.

EPA has developed a methodology to estimate the number of small businesses by each
NAICS code under consideration for inclusion in any new reporting requirements for non-major
sources. Appendix A of the SBAR Panel report provides a listing by NAICS code of SBA
definitions of small businesses for potentially affected industries or sectors. Only the NAICS
codes under consideration for the rule for non-major sources are included in this list, which also
covers the majority (about 12,200 out of 13,400) of major sources. Some other NAICS codes in
the 2017 National Emissions Inventory (NEI) are associated with about 1,200 major sources, and
some fraction of these are also small businesses that could be affected by changes to the AERR
described above. EPA estimates that small entities will be affected by this proposal when they
are major sources, and for non-major sources, have primary NAICS as listed in Chapter 2 of this
RIA. The EPA estimates that approximately 34,000 small entities could be impacted by this rule
based on the CAA definition that the EPA proposes to use for this rule. That number would
increase to approximately 43,000 if the EPA were to use the SBA small business size definitions,
based on information available in Appendix 4-A of this RIA.

However, EPA's methodology for estimating the number of small businesses has
numerous assumptions that would lead to overestimates (as described in Attachment 4 of the
SBAR Panel report). As a result, the fraction of 1,200 major sources not listed in this Report
would not have a significant impact on the Panel's findings and recommendations.

In addition, EPA plans to propose using the small business definition from CAA ง 507
rather than the SBA definition, the latter of which is inclusive of more businesses.24

4.5 Overview of Revisions under Consideration

Through agency review and stakeholder input, a broad range of emissions inventory data
collection improvements have been suggested that may have implications for small businesses.
The following is a listing of regulatory revisions currently being considered by EPA with
potential impact to small businesses and is not final at this time. More details about these (and

24 See 42 U.S.C. 7661f(c).

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other) revisions under consideration are available in the documents provided in the materials as
listed in Appendix B of the SBAR Panel report.

•	Revise the definition of "point source" to include all stationary sources with emissions
that exceed pollutant-specific levels.

•	Require major stationary sources25 and HAP major sources26 to report all HAP.

•	Require non-major sources with certain NAICS codes to report HAP for which a facility
total exceeds pollutant-specific levels (some of these facilities are expected to be small
businesses).

•	Require reporting of CAP emissions associated with HAP, when relevant (for example,
require total VOC when any VOC HAP are reported or total PMio and PM2.5 when any
PM HAP are reported).

•	Require reporting of HAP from owners/operators directly to EPA, except when a state
has been approved by EPA to report on behalf of owners/operators.

•	For facilities operating within Indian country that meet the point source definitions,
require direct reporting to EPA of those pollutants that exceed the emissions thresholds,
except when the tribe is reporting CAP or has been approved by EPA to report HAP on
behalf of owners/operators.

•	Require reporting of source tests (performance tests and performance evaluations) for
tests that meet certain criteria.

•	Require additional data fields for missing information that EPA needs to meet its
obligations, including fuel consumed for combustion processes.

•	Clarify that certain existing requirements will be enforced during data collection and
clarify definitions, including that the emissions reported must include emissions

25	Sources that emit or have the potential to emit one hundred tons per year or more of any air pollutant (42 U. S.C.
7602(j)), referred in this report at "CAP major sources."

26	Generally, sources that emit or have the potential to emit 10 tons per year or more of any hazardous air pollutant
or 25 tons per year or more of any combination of hazardous air pollutants (see 42 U.S.C. ง 7412(a)(1)), hereinafter
"HAP major sources." In this report, the term 'non-major' refers to stationary sources that are not CAP or HAP
major sources.

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associated with periods of startup, shutdown, and malfunction.

•	Define all data reported under the AERR as meeting the definition of "emission data"
and, as such, would not be subject to confidential treatment.

•	Require that facilities use available source test results to calculate emissions or explain
why they are not able to be used.

•	Require facilities to use best available emissions calculation methods.

•	Specify a phase-in of earlier reporting for facilities.

In addition, because EPA plans to revise or add certain requirements on state agencies
required to report emissions data to EPA, small businesses could anticipate such requirements
being passed along to them. The relevant changes to state requirements that could impact small
businesses are not final and are listed below.

•	Provide states an option to continue to report HAP emissions on behalf of facilities if
they meet various additional EPA requirements consistent with the revised AERR.

•	Once a year, report daily fuel use or heat input for small electricity units (e.g., boilers,
generators), that generate electricity for the grid or for on-site use (e.g., demand offset
purposes). These data could be collected from individual facilities, curtailment service
providers, or other electricity aggregators.

•	Specify a phase-in of earlier reporting of point source data for states.

4.6 Cost Impact to Small Entities

As stated earlier in this RIA chapter, there are about 39,000 small entities likely to be
impacted by this proposal using the SBA small business size definitions and 34,000 if using the
alternative definition in CAA section 507. Using the annual cost estimated per owners/operators
for 2027, which are presumed for this calculation to be private sector entities (not SLT), and to
reflect the first year of full implementation of this proposal, as taken from Table 3-28 of this
RIA, we find that the average annual cost of the proposal to entities, small and large, that are
owners or operators to be $3,476 per establishment (2021 dollars). This average proposal cost is
equal to $450,100,000 (the cost in 2027 to owners/operators) divided by 129,490 (the estimated

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total number of affected owners/operators, which are establishments), as presented in Table 3-28.
In addition, the Technical Support Document (TSD) for this proposal27 estimates that 31,412
facilities are small (or, part of a small entity) out of 129,490 establishments likely to be affected
by the proposal. From these estimates, 24 percent of the affected establishments, or
owners/operators, can be presumed to be owned by a small entity. Thus, the portion of
establishments affected by this proposal in 2027 that are owned by small entities could
reasonably be approximated as 24 percent.

Given the many industries impacted by this proposal, and the uncertainties with
determining how many entities could be impacted by industry, we show the annual revenues that
would be consistent with a potentially significant economic impact. With an average cost per
establishment (defined as a place of business) in 2027 of $3,476, any small entity that may have
costs of 1 percent of their revenues or greater than this amount could be said to experience a
potentially significant economic impact. Thus, small entities with revenues of less than 3,476
*100 = $3,476,000, measured in 2021 dollars, may potentially experience a significant economic
impact assuming they own a single establishment. At a level of impact of 3 percent or greater,
the annual revenues for an entity would be $3,476,000/3 = $1,158,900 for the cost estimate per
establishment arrived at above, and again assuming a single establishment per firm. These
estimates are for an average estimate of revenue per firm and may not be fully reflective of the
annual revenues for many small entities potentially affected by this proposal.

4.7 Related Federal Rules

As mentioned in more detail in Chapter 1 of the RIA, the AERR serves as the reference
for the NOx SIP Call (40 CFR part 51 Subpart G), Regional Haze requirements (50 CFR part 51,
Subpart P), Ozone SIP Requirements Rules (40 CFR part 51, Subparts X, AA, and CC) and the
PM2.5 SIP Requirements Rule (40 CFR part 51, Subpart Z). These other rules point to the AERR
to define certain requirements related to emissions inventories for SIPs, collectively known as
SIP planning inventories.

27 U.S. EPA. Technical Support Document for the Proposed Revisions for the Air Emissions Reporting Rule, June
2023.

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In addition, 40 CFR ง 2.301 includes special rules governing certain information obtained
under the CAA. Subparagraph 2.301(a) includes a definition of "emission data" that is related to
data collected by the existing AERR and its proposed revisions. This definition is relevant for
interpreting the provision of CAA 114(c), which excludes emission data from the consideration
for confidential treatment.

4.8 Significant Regulatory Alternatives

A number of regulatory alternatives were considered in order to mitigate impacts to
affected small entities while achieving the objectives of this proposal. The SBAR Panel
recommended, among other things, that the EPA propose allowing any small business subject to
revised reporting requirements under this proposal to report aggregated emissions for the facility
as a total fugitive emissions value rather than the detailed emissions by process and release point.
Since the EPA is not proposing to change reporting thresholds for criteria pollutants, this
recommendation only applies to HAP emissions reporting and any incidental CAP emissions (as
described in the proposed AERR preamble, section IV. A. 10).

During the SBAR Panel, the EPA observed that risk modeling using facility total
emissions would be more conservative than using more detailed emissions that could include
stack releases, because all emissions would be modeled as ground-level fugitive emissions. With
more specific data about emissions releases (e.g., through stacks raised above ground level), the
modeling includes more dispersion of pollutants that can lower modeled concentrations at the
ground level thereby lowering modeled risk. The EPA additionally observed that if modeled risk
from facility total emissions were high enough, the Agency would have an interest in collecting
more detailed data to better assess risk. While aggregated data (facility total emissions) are not as
useful to the EPA as the more detailed data, this approach balances EPA's needs for these data
with the burden on small businesses. Under this proposed approach, EPA's available data is less
complete, although still helpful, and the burden on small businesses is reduced when compared
to the requirement to report the full suite of detailed data that the EPA is proposing to require for
other sources that are not small businesses.

Based on these considerations, the EPA proposes to provide owners/operators the option
to report a facility total emissions instead of the detailed data otherwise required when (1) they
meet the small entity definition as proposed by this action, (2) the owner/operator has never been

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notified that the EPA has modeled a cancer risk for the facility of 20/million or more, or the EPA
has made such a notification less than 180 days prior to the next point source emissions reporting
deadline, and (3) estimates of emissions with the process-level detail that would otherwise be
required by this proposed action are not required by a state.

The EPA is considering the facility total cancer risk level above which an owner/operator
would not be able to use the optional facility-total reporting accommodation (which is item 2 in
the previous paragraph). The cancer risk level range under consideration is from cancer risk of
1/million, which is the level used to develop the proposed emissions reporting thresholds for
HAP to 100/million, which is the level the EPA uses to help formulate emissions reductions
strategies as part of NESHAPs and other HAP regulatory programs. In addition, the EPA is
considering the degree of uncertainty that can exist when estimating risks through modeling and
is recommending that a modeled cancer risk between 10/million and 30/million would be
appropriate to warrant more detail emissions reporting. Using a cancer risk of 1/million for this
purpose would not provide much burden reduction because 1/million is the basis of the proposed
HAP reporting thresholds, above which non-major sources would need to report. Beyond a
cancer risk of 30/million, the upper uncertainty range is more likely to reach 100/million, for
which the EPA certainly needs better HAP data. The EPA encourages commenters to provide
feedback on the proposed choice of the midpoint of this range of 20/million estimated cancer risk
and identify any considerations that the EPA may have failed to consider in proposing this
midpoint.

In addition to allowing for facility-wide reporting in certain situations to reduce burden
on small entities, the EPA is considering how best to reduce burden for reporting the facility
inventory. For owners/operators that are not small entities, the current AERR requires states to
report the attributes for the facility (e.g., name, address) as well as component attributes for
emissions units, release points, processes, and controls. These data elements are required under
the current AERR, but states report the facility inventory separately from emissions because
facility attributes do not vary every year. After the first report for a facility, states under the
current AERR and states and owners/operators under these proposed revisions would need only
to report modifications to the facility inventory after the first year. For example, if a facility adds
or removes a unit, then those changes would be submitted but the other facility attributes could

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likely be retained without resubmission. In the case of facility-wide emissions reporting, the
facility inventory would not necessarily need sub-facility data to support the emissions reports,
since emissions would not need to be allocated to the units and processes within the facility.

In addition to the facility total emissions, the EPA needs to know which units are present
at facilities and which units are subject to NESHAPs or other air emissions regulations. As
described in section IV.I.8 of the proposal preamble, the EPA is proposing that states and
owners/operators of permitted sources would be required to provide the regulatory codes that
apply to units and/or processes. To fulfill EPA's need for this information while reducing
burden, the EPA is proposing that small entities would only need to report a list of their units,
including all required unit-level data elements. This would reduce burden while still allowing the
EPA to identify which units at each facility are subject to regulations.

To balance the potential burden with the need for information and considering the large
number of businesses in the collision repair industry in particular, the SBAR Panel recommended
that the EPA consider explicitly excluding small entities in the collision shop industry from new
reporting requirements. Such an approach would still collect HAP data from many more facilities
than are available to the EPA currently, while not burdening small entities. To address this panel
recommendation, the EPA proposes to exclude small entities (except for major sources) with
primary NAICS 811121 from any HAP reporting requirements under the AERR. This proposal
reflects this accommodation in Table 1C of Appendix A of this subpart, which lists primary
NAICS codes subject to non-major source HAP reporting requirements.

Another concern identified during the SBAR Panel was that small entities that are not
already reporting emissions data to the EPA or a state may not have the necessary experience and
resources to develop emissions estimation approaches where none are readily available. The
SBAR Panel additionally noted that small entities would have the lowest burden when the EPA
provides an emissions estimation method or there are already some other readily available
emissions estimates to use because that business must report emissions to the state or TRI. The
SBAR Panel Report also noted that small entities may have source test data with which
emissions estimates could be made. The Panel recommended that, consistent with these
concerns, a small entity would not be expected to report emissions for pollutants when the EPA

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does not provide a way to estimate emissions and there is no other readily available data for that
pollutant.

The EPA is considering how best to address these SBAR Panel recommendations. For
current AERR requirements regarding state reporting, the EPA does not address the availability
of emissions estimation methods for facilities. The presumption of the current regulations is that
states, in collecting data from facilities to report to EPA, would ensure that the requirements to
report all CAP are met when any CAP exceeds the reporting threshold, irrespective of whether
the EPA provides an emissions calculation method.

The EPA has observed in working with states under the current AERR that many states
rely on the EPA WebFIRE database for emissions factors for use by owners/operators to
calculate emissions in state collection systems. In the absence of source test data or site-specific
emissions factors created by the facility, the collections would therefore use an EPA approach
and when none is available, would be less likely to report the pollutant. Many states with HAP
collection programs have also developed emissions factors, and state reports for many HAP
include emissions based on these state factors. As a general matter for emissions reporting under
the current AERR, when EPA, a state, or a trade association does not provide emissions
calculation methods for a process/pollutant combination (even when emissions from such a
combination is likely to exist), the EPA has observed that emissions data reported by states is
much less likely to include emissions for that process/pollutant combination.

Based on this experience, the SBAR Panel recommendation is consistent with EPA's
understanding of the practical reality of the data collection process for all businesses currently
reporting to states. Namely, when EPA, states, or trade associations do not provide an emissions
calculation method for a given process/pollutant combination and owners/operators do not have
source tests or other readily available data, emissions reports do not include emissions for those
process/pollutants. The EPA recognizes that this could be occurring irrespective of whether those
processes/pollutants are required to be reported under the current AERR and state programs. At
the recommendation of the SBAR panel, the EPA intends to provide an emissions estimation tool
for small entities to use in support of implementing the proposed requirements. The EPA expects
that providing this tool will assist with reducing situations where required data are not reported.

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The EPA also addresses how development and use of this tool would lessen the burden on small
entities if the provisions of this proposal were finalized.

Emissions Estimation Tool for Small Entities

This emissions estimation tool could be used by small entities to help them determine if
their facility-wide emissions are above HAP reporting thresholds and to provide an emissions
value for small entities to submit when emissions exceed the reporting thresholds. The SBAR
Panel recommended that the EPA adopt emissions estimation approaches that rely on
information that small entities can readily gather in the normal course of business.

To address these recommendations, the EPA plans to develop an emissions estimation
tool to help small entities estimate facility-wide emissions. The EPA would develop this tool
between the time this rule is proposed and the first year of any new point source reporting (see
section IV.F of the preamble for timing information). While CAP emissions may be included in
this tool, the EPA would prioritize HAP emissions because other than the addition of incidental
CAP to reporting requirements, the EPA is not considering changing CAP reporting thresholds
with this proposal. The emissions estimation tool would include incidental CAPs as relevant,
depending on the HAP. The greatest, and most urgent, need for assistance will be for those small
entities that do not have to report for any pollutants under the current AERR.

With this tool in mind, the EPA is considering the SBAR panel recommendation that the
EPA should not expect small entities to develop new emissions estimation approaches when
none are available. The EPA agrees in principle with this recommendation but also wants to
maintain a straightforward but flexible implementation of the proposed requirements. The EPA
has proposed the criteria for point source reporting to include major source status, and for non-
major sources, primary NAICS codes and emissions levels. The EPA believes that adding a
regulatory exemption based on emissions estimates generated by a yet to be established and
evolving tool would add unnecessary complexity to the structure of the rule. This is in part
because states can choose to report HAP on behalf of owners/operators. Thus, if the planned tool
were to provide a regulatory exemption, states could also be expected to rely on EPA's tool,
limiting their autonomy for implementation of HAP reporting requirements. While additional
considerations could be included in a proposed rule to avoid that limitation, the EPA expects that
such additions would add complexity and confusion that the EPA is seeking to avoid. Further,

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such a regulatory exemption which relied on use of such a tool could increase the burden on
small entities {i.e., could increase recordkeeping and reporting burden compared to the current
proposal).

Further, given EPA's observations that common practice under the current AERR is for
states and owners/operators to rely on EPA, state, or trade association emissions estimation
approaches when better information is not available, a logical conclusion is that this situation
would continue to occur under these proposed revisions to the AERR. The EPA would expect
that in circumstances where better data were available for estimating emissions, the emissions
estimation tool would not be used. Such an approach would be consistent with the planned
AERR requirement to use the best available emission estimation methods (see section IV.I.6 of
the proposal preamble). Similarly, when emissions estimates are made by an owner/operator for
TRI or to meet state requirements, those emissions would be appropriate for reporting emissions
to the EPA under these proposed requirements. The EPA emissions estimation tool could be used
when these other emissions estimation approaches are not available, including when a state is
also relying on EPA's tool to support owners/operators reporting to them, so states can report to
the EPA on their behalf.

When none of these other emission estimation approaches are available, and no emissions
are estimated by the emissions estimation tool, the EPA would not expect owners/operators of
small entities to develop their own emissions reporting approaches because the burden associated
with doing so is not warranted. If the EPA is sufficiently concerned about an emissions source,
then the EPA could develop an emissions estimation approach and include it in its emissions
estimation tool to assist small entities. The EPA could do so using other data available from
larger businesses including emissions reports and source test data (as described in section IV.C
of the proposal preamble), or if needed, issue a specialized data collection separate from this
proposed rule.

The SBAR Panel had many additional recommendations about the development and
outreach associated with an emissions estimation tool. Among them are:

• That the EPA work with small entities and trade associations to develop emissions
estimation tools that would properly reflect the emissions processes and pollutants
associated with each industry;

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•	As the EPA incorporates new information into its emissions estimation tool, the EPA
should provide that information for industry and other parties to review and provide
feedback;

•	That the EPA should provide adequate time for such feedback and for revising the tool
based on the feedback, dissemination, and training before requiring a new tool to be used
for any given emissions reporting year;

•	That the EPA coordinate with Small Business Environmental Assistance Programs
(SBEAPs) in each state to support the outreach and developing guidance for small
entities; and

•	The EPA provide a list of units and processes for which small entities could select for
emissions reporting for review and feedback.

Additionally, the EPA is proposing to provide an optional accommodation for small
entities to report emissions as a facility total under certain conditions and is proposing that the
accommodation would not be available if EPA's risk modeling shows estimated cancer risk of
20/million or more. If a final rule were to exclude the proposed accommodation for facility-total
emissions reporting, the SBAR panel recommended that the EPA make sure that, when requiring
emissions to be provided for higher level of detail, emissions calculation methods are available
for use by a small entity that reports for any such facility.

To address the development and outreach recommendations of the SBAR Panel, the EPA
is considering an ongoing development and review approach for the emissions estimation tool.
First, in developing the initial tool prior to any new reporting for small entities, the EPA would
consult with the public including industry representatives and other interested parties. This initial
development would begin sometime after receiving comments on this proposal and would end
prior to the first deadline for point source reporting under any revised requirements. The EPA
would include in the tool emissions factors from a variety of sources. For the initial release of the
tool, the EPA plans to provide the tool and underlying data at least 12 months before the first
reporting deadline, giving 3 months for feedback. The EPA would consider such feedback and
incorporate changes in the tool before releasing the initial version of tool in advance of any new
reporting deadlines for small entities.

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The EPA expects that development of the tool would evolve iteratively each year. The
EPA would plan to release any revisions to the tool each year for public review and feedback and
adjust the tool in advance of the next emissions inventory reporting deadlines. If the use of the
tool changed, the EPA would update the training materials. This iterative approach would be
coordinated with the ongoing iterative CAERS development approach that the EPA has been
using very successfully for the past 3 years. The EPA would plan to funnel outreach for these
efforts through SBEAPs within each state.

Currently, the EPA is considering first ensuring that this emissions tool includes key
industrial processes that can be estimated at a facility level, relying on activity information that is
readily available to small entities. Such industrial processes might be fuel combustion, solvent
evaporation, and activities that create toxic dusts. Emission rates would depend on whether
emissions controls are present and the type of controls if present. Emission factors would be used
to translate some activity measure at a facility (e.g., fuel usage) to emissions. To use such an
estimation tool, an owner/operator would need to (1) identify its emitting activities from a list
that the EPA would provide and (2) enter total facility information for fuels, other materials,
energy used, or other information that could even include the number of employees. The type of
information used in the emissions estimation tool would depend on the available data for each
emitting activity. The tool would show the estimated emissions levels and which ones (if any)
were above the reporting thresholds.

Change in Small Entity Definition for Accommodations

To implement the small business accommodations just described, the EPA is proposing a
definition of small entity to be consistent with CAA Section 507(c). This definition limits small
entities to those that meet all of the following criteria: (a) 100 or fewer employees, (b) is a small
business concern as defined in the Small Business Act (15 U.S.C. ง631), (c) is not a major
source, (d) does not emit 50 tons or more per year of any regulated pollutant, and (e) emits less
than 75 tons per year or less of all regulated pollutants. The SBA small entity definition is
available at 13 CFR ง121.201.

EPA is proposing this definition for two primary reasons. First, excluding major sources
from the definition best supports the needs for data from major sources as described in proposal
preamble sections IV.A. 1 through IV.A.3. EPA's obligations under the CAA require process-

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level data from major sources, including control technologies employed. Using this definition,
the proposed accommodations for small entities would not interfere with getting that necessary
data from major sources.

Second, these proposed requirements are for record keeping and data reporting, which
have much lower burden associated with each facility than would a proposal that includes
requirements to install control devices. EPA's estimated yearly average per-facility burden for
reporting emissions data starting in 2027, is just 27 hours when using in-house personnel to
accomplish emissions reporting.28 This number of hours is reasonable given the information that
would be collected and its importance to EPA analyses in support of the public interest. While
still "small" under the SBA definition, larger facilities {i.e., those with more than 100 employees)
could be more likely to emit pollutants at levels of environmental risk of concern and interest by
EPA. The EPA would be able to use the additional process-level emissions data from these
facilities to improve understanding of emissions from small entities at the process level and to
include such sources in EPA's Technology Reviews.

Even so, the EPA is considering whether the CAA definition for small entities is the most
appropriate because it does not provide as much burden reduction as would a definition based in
part on the SBA definition. For the primary NAICS under consideration to define non-major
sources for this proposal, the SBA definition includes owners/operators with between 200 and
1,500 employees, and for certain NAICS define small businesses based on the annual receipts of
the company between $8 million and $41.5 million. As part of the SBAR Panel process, the EPA
estimated the number of small entities that could be affected by the rule using a definition based
on 100 employees for all NAICS codes as compared to a definition based on the SBANAICS-
specific thresholds. More details on the analysis approach are available in the supporting
materials to the SBAR Panel Report included in the regulatory docket for this proposal. The EPA
updated the SBAR Panel analysis with the final NAICS and reporting thresholds included in this
proposal, and the analysis results are included in the TSD for this proposal. Through this analysis
for the final SBAR Panel Report, the EPA estimates that using a definition of 100 employees
would require reporting for about 34,000 small entities, allowing them to use the proposed small

28 See Appendix A, Table A-2 of the ICR Supporting Statement for the Air Emissions Reporting Requirements
(AERR) EPA ICR # 2170.09 for this proposal, available in the docket for this rule.

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business accommodations. That same analysis estimated that using the SBA small entity
definition would require reporting from about 43,000 small entities. This analysis is limited by
the available data because the 100-employee used to represent the CAA small entity definition
does not reflect the exclusion of major sources or the emissions-based criteria that are part of the
CAA definition. As such, EPA's estimate of 34,000 most likely overestimates the number of
small entities that would be subject to the proposed AERR revision, in part because some major
sources are also small entities.

Given this information, the EPA is considering a "SBA Definition Alternative" that
would modify the proposed definition to replace the 100-employee threshold with the NAICS-
based thresholds available from the SBA definition. This alternative would still exclude major
sources from being within the definition of small business but would include more non-major
small entities in the definition. The EPA encourages commenters to provide information about
benefits of the reduced burden on more owners/operators in comparison to the reduced data
detail that the EPA would have available to estimate risks and analyze for purposes including
Technology Reviews.

Further information on alternatives and efforts to mitigate small entity impacts are found
in section IV of the proposal preamble.

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APPENDIX 4-A: INDUSTRY SECTORS & NUMBER OF SMALL ENTITIES IN

VARIOUS SIZE CATEGORIES

The columns in the table in this appendix have the following definitions. All definitions
refer only to those NAICS that are included in the AERR for which current emissions data
allows EPA to estimate the number of small businesses potentially affected. The SBA definition
of small firms depends on the NAICS and is provided in Appendix A of the SBAR Panel report.
While the CAA definition has various elements, not all could be assessed, and the definition used
in this summary is firms with less than 100 employees.

No report, SBA Small: Small firms based on SBA definition that EPA estimates would not need
to report

No report, Not SBA small: Firms that are larger than the SBA definition that EPA estimates
would not need to report

AERR report, CAA small: Small firms with less than 100 employees that EPA estimates would
need to report

AERR report, SBA Small: Small firms based on SBA definition that EPA estimates would
need to report (includes small firms in the previous column)

AERR Report, SBA Not small: Firms that are larger than the SBA definition that EPA
estimates would need to report







No





AERR



NAICS

NAICS Description

No

report,
SBA

report,
Not
SBA

AERR
report,

AERR
report,
SBA

Report,
SBA
Not

Grand





Small

Small

CAA Small

Small

Small

Total

211120

Crude Petroleum Extraction





4,405

4,524

46

4,570

211130

Natural Gas Extraction





534

590

36

626

212113

Anthracite Mining

32









32

212111

Bituminous Coal and Lignite
Surface Mining

211





12

15

238

212112

Bituminous Coal

114







o

123

Underground Mining







y

212221

Gold Ore Mining





128

131



131

212230

Copper, Nickel, Lead, and
Zinc Mining





23

23

4

27

212299

All Other Metal Ore Mining





7

7



7

133


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

212311

Dimension Stone Mining and
Quarrying

262







3

265

212312

Crushed and Broken
Limestone Mining and
Quarrying

484





40

36

560

212313

Crushed and Broken Granite
Mining and Quarrying

99







5

104

212319

Other Crushed and Broken
Stone Mining and Quarrying

273





13

8

294

212321

Construction Sand and Gravel
Mining

1,264





56

43

1,363

212322

Industrial Sand Mining

77







6

83

212324

Kaolin and Ball Clay Mining









3

3

212325

Clay and Ceramic and
Refractory Minerals Mining

44





3

3

50

212391

Potash, Soda, and Borate
Mineral Mining







3



3

212393

Other Chemical and Fertilizer
Mineral Mining

19









19

212399

All Other Nonmetallic
Mineral Mining

82

6







88

213111

Drilling Oil and Gas Wells

1,704





22

24

1,750

213112

Support Activities for Oil and
Gas Operations

8,354



791

979

243

9,576

221111

Hydroelectric Power
Generation

140









140

221115

Wind Electric Power
Generation

89









89

221112

Fossil Fuel Electric Power
Generation

62



42

103

63

228

221113

Nuclear Electric Power
Generation

6







19

25

221114

Solar Electric Power
Generation

142









142

221116

Geothermal Electric Power
Generation

4









4

221117

Biomass Electric Power
Generation

42



8

8

13

63

221118

Other Electric Power
Generation

25









25

134


-------






No





AERR



NAICS

NAICS Description

No

report,
SBA

report,
Not
SBA

AERR
report,

AERR
report,
SBA

Report,
SBA
Not

Grand





Small

Small

CAA Small

Small

Small

Total

221121

Electric Bulk Power

17



A

12

16

45

Transmission and Control



4

221122

Electric Power Distribution

706



257

466

61

1,233

221210

Natural Gas Distribution

308



6

54

57

419

221310

Water Supply and Irrigation
Systems

3,467







46

3,513

221320

Sewage Treatment Facilities

338



39

42

27

407

221330

Steam and Air-Conditioning
Supply





25

22

12

34

311111

Dog and Cat Food
Manufacturing

296





3

10

309

311119

Other Animal Food
Manufacturing

675



55

141

44

860

311211

Flour Milling

184





12

11

207

311212

Rice Milling

33









33

311213

Malt Manufacturing

20









20

311221

Wet Corn Milling





20

20



20

311224

Soybean and Other Oilseed
Processing

77





3

8

88

311225

Fats and Oils Refining and
Blending

49





3

13

65

311230

Breakfast Cereal

39







7

46

Manufacturing







/

311313

Beet Sugar Manufacturing









3

3

311314

Cane Sugar Manufacturing

9



3

3



12

311340

Nonchocolate Confectionery
Manufacturing

474







12

486

311351

Chocolate and Confectionery
Manufacturing from Cacao
Beans

171







5

176

311352

Confectionery Manufacturing
from Purchased Chocolate

1,058







10

1,068

311411

Frozen Fruit, Juice, and

129







11

140

Vegetable Manufacturing







311412

Frozen Specialty Food
Manufacturing

386







28

414

311421

Fruit and Vegetable Canning

699

4





18

721

311422

Specialty Canning

89







5

94

311423

Dried and Dehydrated Food
Manufacturing

171

6





8

185

135


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

311511

Fluid Milk Manufacturing

238







32

270

311512

Creamery Butter
Manufacturing

21

5







26

311513

Cheese Manufacturing

390







11

401

311514

Dry, Condensed, and
Evaporated Dairy Product
Manufacturing

100

5





15

120

311520

Ice Cream and Frozen Dessert
Manufacturing

353







16

369

311611

Animal (except Poultry)
Slaughtering

1,318

3





21

1,342

311612

Meat Processed from
Carcasses

1,156

40







1,196

311613

Rendering and Meat
Byproduct Processing

83

10







93

311615

Poultry Processing

233





40

35

308

311710

Seafood Product Preparation
and Packaging

439





5

9

453

311812

Commercial Bakeries

2,696

54







2,750

311813

Frozen Cakes, Pies, and Other
Pastries Manufacturing

167

15







182

311821

Cookie and Cracker
Manufacturing

318

10







328

311824

Dry Pasta, Dough, and Flour
Mixes Manufacturing from
Purchased Flour

338

21







359

311830

Tortilla Manufacturing

345

3







348

311911

Roasted Nuts and Peanut
Butter Manufacturing

204

3





12

219

311919

Other Snack Food
Manufacturing

321







14

335

311920

Coffee and Tea
Manufacturing

657







10

667

311930

Flavoring Syrup and
Concentrate Manufacturing

114

4





5

123

311941

Mayonnaise, Dressing, and
Other Prepared Sauce
Manufacturing

292







10

302

311942

Spice and Extract
Manufacturing

343

12





15

370

136


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

311991

Perishable Prepared Food
Manufacturing

702

12





26

740

311999

All Other Miscellaneous Food
Manufacturing

607

10





17

634

312113

Ice Manufacturing

258









258

312111

Soft Drink Manufacturing

299

22







321

312112

Bottled Water Manufacturing

198

4







202

312120

Breweries

3,206









3,206

312130

Wineries

3,563

10







3,573

312140

Distilleries

751









751

312230

Tobacco Manufacturing

96



16

28



124

313110

Fiber, Yarn, and Thread Mills

183



9

40

14

237

313240

Knit Fabric Mills

137









137

313210

Broadwoven Fabric Mills

238





19

9

266

313220

Narrow Fabric Mills and
Schiffli Machine Embroidery

171









171

313230

Nonwoven Fabric Mills

170

4





16

190

313310

Textile and Fabric Finishing
Mills

518



72

119

8

645

313320

Fabric Coating Mills

81



37

57

3

141

314110

Carpet and Rug Mills

186





4

7

197

314994

Rope, Cordage, Twine, Tire
Cord, and Tire Fabric Mills

116









116

314999

All Other Miscellaneous
Textile Product Mills

2,406





44

9

2,459

315110

Hosiery and Sock Mills

108









108

315210

Cut and Sew Apparel
Contractors

2,917









2,917

315220

Men's and Boys' Cut and
Sew Apparel Manufacturing

430

5







435

315240

Women's, Girls', and Infants'
Cut and Sew Apparel
Manufacturing

1,114









1,114

315280

Other Cut and Sew Apparel
Manufacturing

416









416

315990

Apparel Accessories and
Other Apparel Manufacturing

563







6

569

316110

Leather and Hide Tanning
and Finishing

142



9

15



157

316210

Footwear Manufacturing

197







5

202

137


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

321113

Sawmills

1,369



974

1,130

33

2,532

321114

Wood Preservation

142



127

152

4

298

321211

Hardwood Veneer and
Plywood Manufacturing

46



118

148

5

199

321212

Softwood Veneer and
Plywood Manufacturing

7



16

32

4

43

321213

Engineered Wood Member
(except Truss) Manufacturing

24



44

54

7

85

321214

Truss Manufacturing

597

4





10

611

321219

Reconstituted Wood Product
Manufacturing

30



54

76

21

127

321911

Wood Window and Door
Manufacturing

866





71

23

960

321912

Cut Stock, Resawing Lumber,
and Planing

654





48

31

733

321918

Other Millwork (including
Flooring)

1,369





66

23

1,458

321920

Wood Container and Pallet
Manufacturing

2,220





113

7

2,340

321992

Prefabricated Wood Building
Manufacturing

510





20

10

540

321991

Manufactured Home (Mobile
Home) Manufacturing

130





19



149

321999

All Other Miscellaneous
Wood Product Manufacturing

2,519





85

17

2,621

322110

Pulp Mills

5







5

10

322121

Paper (except Newsprint)
Mills

16



16

57

20

93

322130

Paperboard Mills

9



11

31

19

59

322211

Corrugated and Solid Fiber
Box Manufacturing

611





18

15

644

322212

Folding Paperboard Box
Manufacturing

271







21

292

322219

Other Paperboard Container
Manufacturing

156







13

169

322220

Paper Bag and Coated and
Treated Paper Manufacturing

106



318

420

49

575

322230

Stationery Product
Manufacturing

308





4

9

321

138


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

322291

Sanitary Paper Product
Manufacturing

24



29

56

6

86

322299

All Other Converted Paper
Product Manufacturing

332

8





18

358

323111

Commercial Printing (except
Screen and Books)

16,346





488

134

16,968

323113

Commercial Screen Printing

5,101





28

25

5,154

323117

Books Printing

444







7

451

323120

Support Activities for Printing

1,257

17







1,274

324110

Petroleum Refineries

11





21

27

59

324121

Asphalt Paving Mixture and
Block Manufacturing

303



36

128

41

472

324122

Asphalt Shingle and Coating
Materials Manufacturing

83



10

21

8

112

324191

Petroleum Lubricating Oil
and Grease Manufacturing

175



19

53

22

250

324199

All Other Petroleum and Coal
Products Manufacturing

35





6

7

48

325110

Petrochemical Manufacturing





3

6

8

14

325120

Industrial Gas Manufacturing

37







11

48

325130

Synthetic Dye and Pigment
Manufacturing

70



7

20

9

99

325180

Other Basic Inorganic
Chemical Manufacturing

191



30

117

55

363

325193

Ethyl Alcohol Manufacturing

88





14

9

111

325194

Cyclic Crude, Intermediate,
and Gum and Wood Chemical
Manufacturing

24





4

9

37

325199

All Other Basic Organic
Chemical Manufacturing

435





86

70

591

325211

Plastics Material and Resin
Manufacturing

461



155

316

75

852

325212

Synthetic Rubber
Manufacturing

92





21

17

130

325220

Artificial and Synthetic Fibers
and Filaments Manufacturing

76





3

15

94

325311

Nitrogenous Fertilizer
Manufacturing

140





6

7

153

325312

Phosphatic Fertilizer
Manufacturing

14





11

6

31

139


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

325314

Fertilizer (Mixing Only)
Manufacturing

329





15

12

356

325320

Pesticide and Other
Agricultural Chemical
Manufacturing

137



3

29

14

180

325411

Medicinal and Botanical
Manufacturing

427

21







448

325412

Pharmaceutical Preparation
Manufacturing

913





22

70

1,005

325413

In-Vitro Diagnostic Substance
Manufacturing

169

19







188

325414

Biological Product (except
Diagnostic) Manufacturing

219

39







258

325510

Paint and Coating
Manufacturing

832



46

139

23

994

325520

Adhesive Manufacturing

359

4





40

403

325611

Soap and Other Detergent
Manufacturing





545

593

18

611

325612

Polish and Other Sanitation
Good Manufacturing

402







15

417

325613

Surface Active Agent
Manufacturing





71

76

15

91

325620

Toilet Preparation
Manufacturing

894





3

29

926

325910

Printing Ink Manufacturing

161

3





12

176

325920

Explosives Manufacturing

27

5





6

38

325991

Custom Compounding of
Purchased Resins

299







28

327

325992

Photographic Film, Paper,
Plate, and Chemical
Manufacturing

170





3

9

182

325998

All Other Miscellaneous
Chemical Product and
Preparation Manufacturing

914





70

80

1,064

326111

Plastics Bag and Pouch
Manufacturing

249

20







269

326112

Plastics Packaging Film and
Sheet (including Laminated)
Manufacturing

243





26

30

299

140


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

326113

Unlaminated Plastics Film
and Sheet (except Packaging)
Manufacturing

305



13

83

40

428

326121

Unlaminated Plastics Profile
Shape Manufacturing

230



14

61

31

322

326122

Plastics Pipe and Pipe Fitting
Manufacturing

222





16

25

263

326130

Laminated Plastics Plate,
Sheet (except Packaging), and
Shape Manufacturing

167





12

23

202

326140

Polystyrene Foam Product
Manufacturing

263





24

20

307

326150

Urethane and Other Foam
Product (except Polystyrene)
Manufacturing

380





22

40

442

326160

Plastics Bottle Manufacturing

169





14

7

190

326191

Plastics Plumbing Fixture
Manufacturing

289





13

3

305

326199

All Other Plastics Product
Manufacturing

4,059



177

905

223

5,187

326211

Tire Manufacturing (except
Retreading)

43





18

8

69

326212

Tire Retreading

186



24

61

8

255

326220

Rubber and Plastics Hoses
and Belting Manufacturing

172

5





11

188

326291

Rubber Product
Manufacturing for
Mechanical Use

319

4





21

344

326299

All Other Rubber Product
Manufacturing

519

10





32

561

327110

Pottery, Ceramics, and
Plumbing Fixture
Manufacturing

476



57

75

9

560

327120

Clay Building Material and
Refractories Manufacturing

178



118

173

23

374

327211

Flat Glass Manufacturing

54







10

64

327212

Other Pressed and Blown
Glass and Glassware
Manufacturing

319



36

53

11

383

327213

Glass Container
Manufacturing

15







5

20

141


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

327215

Glass Product Manufacturing
Made of Purchased Glass

936





15

32

983

327310

Cement Manufacturing

50



10

23

9

82

327320

Ready-Mix Concrete
Manufacturing

1,095



790

957

46

2,098

327331

Concrete Block and Brick
Manufacturing

208



149

199

15

422

327332

Concrete Pipe Manufacturing

82







4

86

327390

Other Concrete Product
Manufacturing

1,375



31

150

34

1,559

327410

Lime Manufacturing

15





3

3

21

327420

Gypsum Product
Manufacturing

101



4

4

8

113

327910

Abrasive Product
Manufacturing

243







3

246

327991

Cut Stone and Stone Product
Manufacturing

1,883





3

14

1,900

327992

Ground or Treated Mineral
and Earth Manufacturing

108





16

23

147

327993

Mineral Wool Manufacturing

150





8

9

167

327999

All Other Miscellaneous
Nonmetallic Mineral Product
Manufacturing

239





6

26

271

331110

Iron and Steel Mills and
Ferroalloy Manufacturing





259

341

26

367

331210

Iron and Steel Pipe and Tube
Manufacturing from
Purchased Steel





92

148

24

172

331221

Rolled Steel Shape
Manufacturing

138





13

13

164

331222

Steel Wire Drawing

175





17

15

207

331313

Alumina Refining and
Primary Aluminum
Production

10





3

6

19

331314

Secondary Smelting and
Alloying of Aluminum

44







7

51

331315

Aluminum Sheet, Plate, and
Foil Manufacturing

37





5

5

47

331318

Other Aluminum Rolling,
Drawing, and Extruding

163





24

20

207

142


-------






No





AERR



NAICS

NAICS Description

No

report,
SBA

report,
Not
SBA

AERR
report,

AERR
report,
SBA

Report,
SBA
Not

Grand





Small

Small

CAA Small

Small

Small

Total



Nonferrous Metal (except













331410

Aluminum) Smelting and
Refining

104







10

114

331420

Copper Rolling, Drawing,
Extruding, and Alloying

128





18

16

162



Nonferrous Metal (except













331491

Copper and Aluminum)
Rolling, Drawing, and
Extruding

202







18

220

331492

Secondary Smelting,
Refining, and Alloying of
Nonferrous Metal (except
Copper and Aluminum)

163





6

9

178

331511

Iron Foundries

222





55

18

295

331512

Steel Investment Foundries

59





26

3

88

331513

Steel Foundries (except
Investment)

149





28

5

182

331523

Nonferrous Metal Die-

274





50

23

347

Casting Foundries





331524

Aluminum Foundries (except
Die-Casting)

319





37

7

363



Other Nonferrous Metal













331529

Foundries (except Die-
Casting)

220





14

10

244

332114

Custom Roll Forming

309





4

31

344

332111

Iron and Steel Forging

284





13

21

318

332112

Nonferrous Forging

22





3

6

31

332117

Powder Metallurgy Part
Manufacturing

101







6

107



Metal Crown, Closure, and













332119

Other Metal Stamping (except
Automotive)

473



646

776

37

1,286



Metal Kitchen Cookware,













332215

Utensil, Cutlery, and Flatware
(except Precious)
Manufacturing

190

4







194

332216

Saw Blade and Handtool

838





Q

13

860

Manufacturing





y



Prefabricated Metal Building













332311

and Component
Manufacturing

511



53

116

12

639

143


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

332312

Fabricated Structural Metal
Manufacturing

2,171



492

647

66

2,884

332313

Plate Work Manufacturing

1,042



254

343

19

1,404

332321

Metal Window and Door
Manufacturing

600



138

244

31

875

332322

Sheet Metal Work
Manufacturing

2,880



569

806

66

3,752

332323

Ornamental and Architectural
Metal Work Manufacturing

2,148



86

147

24

2,319

332410

Power Boiler and Heat
Exchanger Manufacturing

188





53

26

267

332420

Metal Tank (Heavy Gauge)
Manufacturing

592





16

27

635

332431

Metal Can Manufacturing

36







12

48

332439

Other Metal Container
Manufacturing

224





21

8

253

332510

Hardware Manufacturing

545







21

566

332613

Spring Manufacturing

295







7

302

332618

Other Fabricated Wire
Product Manufacturing

652

4





21

677

332710

Machine Shops

17,731

98







17,829

332721

Precision Turned Product
Manufacturing

2,099



1,291

1,506

65

3,670

332722

Bolt, Nut, Screw, Rivet, and
Washer Manufacturing

344



209

278

28

650

332811

Metal Heat Treating

591





5

16

612

332812

Metal Coating, Engraving
(except Jewelry and
Silverware), and Allied
Services to Manufacturers





2,167

2,281

57

2,338

332813

Electroplating, Plating,
Polishing, Anodizing, and
Coloring





1,912

2,035

31

2,066

332911

Industrial Valve
Manufacturing

311





34

40

385

332912

Fluid Power Valve and Hose
Fitting Manufacturing

233





37

24

294

332913

Plumbing Fixture Fitting and
Trim Manufacturing

70





12

3

85

144


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

332919

Other Metal Valve and Pipe
Fitting Manufacturing

176





11

23

210

332991

Ball and Roller Bearing
Manufacturing

70





9

15

94

332992

Small Arms Ammunition
Manufacturing

133







5

138

332993

Ammunition (except Small
Arms) Manufacturing

28







5

33

332994

Small Arms, Ordnance, and
Ordnance Accessories
Manufacturing

364





10

4

378

332996

Fabricated Pipe and Pipe
Fitting Manufacturing

577





30

35

642

332999

All Other Miscellaneous
Fabricated Metal Product
Manufacturing

3,242



53

225

47

3,514

333111

Farm Machinery and
Equipment Manufacturing

625



318

408

20

1,053

333112

Lawn and Garden Tractor and
Home Lawn and Garden
Equipment Manufacturing

125







7

132

333120

Construction Machinery
Manufacturing

309



216

311

29

649

333131

Mining Machinery and
Equipment Manufacturing

202

8





10

220

333132

Oil and Gas Field Machinery
and Equipment
Manufacturing

472







28

500

333241

Food Product Machinery
Manufacturing

416







10

426

333242

Semiconductor Machinery
Manufacturing

125







8

133

333243

Sawmill, Woodworking, and
Paper Machinery
Manufacturing

323







6

329

333244

Printing Machinery and
Equipment Manufacturing

253









253

333249

Other Industrial Machinery
Manufacturing

1,742

8





61

1,811

333314

Optical Instrument and Lens
Manufacturing

356

9





18

383

145


-------






No





AERR



NAICS

NAICS Description

No

report,
SBA

report,
Not
SBA

AERR
report,

AERR
report,
SBA

Report,
SBA
Not

Grand





Small

Small

CAA Small

Small

Small

Total

333316

Photographic and
Photocopying Equipment
Manufacturing

159







9

168



Other Commercial and













333318

Service Industry Machinery
Manufacturing

1,142





49

40

1,231



Industrial and Commercial













333413

Fan and Blower and Air

375

f.'





15

396

Purification Equipment
Manufacturing

0





333414

Heating Equipment (except
Warm Air Furnaces)
Manufacturing

343







13

356

333415

Air-Conditioning and Warm
Air Heating Equipment and
Commercial and Industrial
Refrigeration Equipment
Manufacturing

654





6

45

705



Special Die and Tool, Die Set,













333514

Jig, and Fixture
Manufacturing

2,266

14





13

2,293



Cutting Tool and Machine













333515

Tool Accessory
Manufacturing

1,261

10





11

1,282

333517

Machine Tool Manufacturing

756

8





22

786



Rolling Mill and Other













333519

Metalworking Machinery
Manufacturing

369







13

382



Turbine and Turbine













333611

Generator Set Units
Manufacturing

84







20

104

333612

Speed Changer, Industrial
High-Speed Drive, and Gear
Manufacturing

177

3





11

191



Mechanical Power













333613

Transmission Equipment
Manufacturing

172

21







193

333618

Other Engine Equipment
Manufacturing

231







22

253

333912

Air and Gas Compressor
Manufacturing

235







22

257

146


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

333914

Measuring, Dispensing, and
Other Pumping Equipment
Manufacturing

416

7





34

457

333921

Elevator and Moving
Stairway Manufacturing

157







6

163

333922

Conveyor and Conveying
Equipment Manufacturing

689

9





18

716

333923

Overhead Traveling Crane,
Hoist, and Monorail System
Manufacturing

250







8

258

333924

Industrial Truck, Tractor,
Trailer, and Stacker
Machinery Manufacturing

285

5





16

306

333991

Power-Driven Handtool
Manufacturing

104







8

112

333992

Welding and Soldering
Equipment Manufacturing

326







8

334

333993

Packaging Machinery
Manufacturing

445

6





17

468

333994

Industrial Process Furnace
and Oven Manufacturing

305







6

311

333995

Fluid Power Cylinder and
Actuator Manufacturing

222

6





21

249

333996

Fluid Power Pump and Motor
Manufacturing

111







10

121

333997

Scale and Balance
Manufacturing

62









62

333999

All Other Miscellaneous
General Purpose Machinery
Manufacturing

1,480

14





64

1,558

334111

Electronic Computer
Manufacturing

281







12

293

334112

Computer Storage Device
Manufacturing

61

5







66

334118

Computer Terminal and Other
Computer Peripheral
Equipment Manufacturing

509







25

534

334210

Telephone Apparatus
Manufacturing

181

8







189

147


-------






No





AERR



NAICS

NAICS Description

No

report,
SBA

report,
Not
SBA

AERR
report,

AERR
report,
SBA

Report,
SBA
Not

Grand





Small

Small

CAA Small

Small

Small

Total



Radio and Television













334220

Broadcasting and Wireless
Communications Equipment
Manufacturing

613

41







654

334290

Other Communications

303

11







314

Equipment Manufacturing







334310

Audio and Video Equipment
Manufacturing

451







7

458

334412

Bare Printed Circuit Board

430

10







440

Manufacturing







334413

Semiconductor and Related

667





21

45

733

Device Manufacturing





334416

Capacitor, Resistor, Coil,
Transformer, and Other
Inductor Manufacturing

316

14







330

334417

Electronic Connector

139

14







153

Manufacturing







334418

Printed Circuit Assembly
(Electronic Assembly)
Manufacturing

714

39







753

334419

Other Electronic Component
Manufacturing

1,071

60







1,131

334517

Irradiation Apparatus
Manufacturing

112

11







123



Electromedical and













334510

Electrotherapeutic Apparatus
Manufacturing

552



46

152

51

755



Search, Detection,













334511

Navigation, Guidance,
Aeronautical, and Nautical
System and Instrument
Manufacturing

356





24

41

421



Automatic Environmental













334512

Control Manufacturing for
Residential, Commercial, and
Appliance Use

233

20







253



Instruments and Related













334513

Products Manufacturing for
Measuring, Displaying, and
Controlling Industrial Process
Variables

712

38







750

148


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

334514

Totalizing Fluid Meter and
Counting Device
Manufacturing

153

14







167

334515

Instrument Manufacturing for
Measuring and Testing
Electricity and Electrical
Signals

669

39







708

334516

Analytical Laboratory
Instrument Manufacturing

569

37







606

334519

Other Measuring and
Controlling Device
Manufacturing

776

50







826

334614

Software and Other
Prerecorded Compact Disc,
Tape, and Record
Reproducing

372

5







377

335110

Electric Lamp Bulb and Part
Manufacturing

48

3







51

335121

Residential Electric Lighting
Fixture Manufacturing

247









247

335122

Commercial, Industrial, and
Institutional Electric Lighting
Fixture Manufacturing

409

10







419

335210

Small Electrical Appliance
Manufacturing

110

7







117

335220

Major Household Appliance
Manufacturing

102





5

10

117

335311

Power, Distribution, and
Specialty Transformer
Manufacturing

195







13

208

335312

Motor and Generator
Manufacturing

346







25

371

335313

Switchgear and Switchboard
Apparatus Manufacturing

391







16

407

335314

Relay and Industrial Control
Manufacturing

740

55







795

335911

Storage Battery
Manufacturing

105







11

116

335912

Primary Battery
Manufacturing

41







3

44

149


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

335929

Other Communication and
Energy Wire Manufacturing

157







18

175

335931

Current-Carrying Wiring
Device Manufacturing

324

9





23

356

335932

Noncurrent-Carrying Wiring
Device Manufacturing

86





8

12

106

335991

Carbon and Graphite Product
Manufacturing

100





9

3

112

335999

All Other Miscellaneous
Electrical Equipment and
Component Manufacturing

735

17





29

781

336111

Automobile Manufacturing

135



3

3

11

149

336112

Light Truck and Utility
Vehicle Manufacturing

26







11

37

336120

Heavy Duty Truck
Manufacturing

41





10

7

58

336211

Motor Vehicle Body
Manufacturing

518



18

90

22

630

336212

Truck Trailer Manufacturing

363





3

10

376

336213

Motor Home Manufacturing

29







3

32

336214

Travel Trailer and Camper
Manufacturing

577





8

11

596

336310

Motor Vehicle Gasoline
Engine and Engine Parts
Manufacturing

670

34







704

336320

Motor Vehicle Electrical and
Electronic Equipment
Manufacturing

524

8





32

564

336330

Motor Vehicle Steering and
Suspension Components
(except Spring)
Manufacturing

196

20







216

336340

Motor Vehicle Brake System
Manufacturing

117

15







132

336350

Motor Vehicle Transmission
and Power Train Parts
Manufacturing

351

37







388

336360

Motor Vehicle Seating and
Interior Trim Manufacturing

279

27







306

336370

Motor Vehicle Metal
Stamping

562

35







597

150


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

336390

Other Motor Vehicle Parts
Manufacturing

1,038





155

75

1,268

336411

Aircraft Manufacturing





198

235

24

259

336412

Aircraft Engine and Engine
Parts Manufacturing

275





13

29

317

336413

Other Aircraft Parts and
Auxiliary Equipment
Manufacturing

669





31

48

748

336414

Guided Missile and Space
Vehicle Manufacturing









7

7

336415

Guided Missile and Space
Vehicle Propulsion Unit and
Propulsion Unit Parts
Manufacturing

3







6

9

336419

Other Guided Missile and
Space Vehicle Parts and
Auxiliary Equipment
Manufacturing

15







5

20

336510

Railroad Rolling Stock
Manufacturing

97



10

33

14

144

336611

Ship Building and Repairing

442





40

17

499

336612

Boat Building

782





42

8

832

336991

Motorcycle, Bicycle, and
Parts Manufacturing

413









413

336992

Military Armored Vehicle,
Tank, and Tank Component
Manufacturing

14

6







20

336999

All Other Transportation
Equipment Manufacturing

375







5

380

337110

Wood Kitchen Cabinet and
Countertop Manufacturing

5,883





8

14

5,905

337121

Upholstered Household
Furniture Manufacturing

931





18

9

958

337122

Nonupholstered Wood
Household Furniture
Manufacturing

2,011







6

2,017

337124

Metal Household Furniture
Manufacturing

251









251

337125

Household Furniture (except
Wood and Metal)
Manufacturing

145









145

151


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

337127

Institutional Furniture
Manufacturing

562







9

571

337211

Wood Office Furniture
Manufacturing

293







11

304

337212

Custom Architectural
Woodwork and Mill work
Manufacturing

2,041

3





7

2,051

337214

Office Furniture (except
Wood) Manufacturing

175







7

182

337215

Showcase, Partition,
Shelving, and Locker
Manufacturing

874

15





12

901

339116

Dental Laboratories

5,622

3





4

5,629

339112

Surgical and Medical
Instrument Manufacturing





874

1,002

61

1,063

339113

Surgical Appliance and
Supplies Manufacturing





1,456

1,598

53

1,651

339114

Dental Equipment and
Supplies Manufacturing

541

3





4

548

339115

Ophthalmic Goods
Manufacturing

314

13







327

339994

Broom, Brush, and Mop
Manufacturing

152







6

158

339910

Jewelry and Silverware
Manufacturing

1,951

4







1,955

339920

Sporting and Athletic Goods
Manufacturing

1,569

6





6

1,581

339930

Doll, Toy, and Game
Manufacturing

499









499

339940

Office Supplies (except
Paper) Manufacturing

411

7







418

339950

Sign Manufacturing

5,404



47

178

15

5,597

339991

Gasket, Packing, and Sealing
Device Manufacturing

456

12





20

488

339992

Musical Instrument
Manufacturing

578









578

339993

Fastener, Button, Needle, and
Pin Manufacturing

84









84

339995

Burial Casket Manufacturing

70







3

73

152


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

339999

All Other Miscellaneous
Manufacturing

5,719

3





12

5,734

424710

Petroleum Bulk Stations and
Terminals

1,755



191

400

179

2,334

424720

Petroleum and Petroleum
Products Merchant
Wholesalers (except Bulk
Stations and Terminals)

1,505



106

213

139

1,857

481111

Scheduled Passenger Air
Transportation

275







26

301

481211

Nonscheduled Chartered
Passenger Air Transportation

1,275

47







1,322

481219

Other Nonscheduled Air
Transportation

489



13



28

517

486110

Pipeline Transportation of
Crude Oil

45







23

68

486210

Pipeline Transportation of
Natural Gas

73



10

38

55

166

486910

Pipeline Transportation of
Refined Petroleum Products

30





7

24

61

486990

All Other Pipeline
Transportation





9



9

9

488310

Port and Harbor Operations

269



11

12

47

328

488320

Marine Cargo Handling

336

55







391

488390

Other Support Activities for
Water Transportation

733



32

21

31

785

493110

General Warehousing and
Storage

5,020



1,375

1,461

1,564

8,045

493120

Refrigerated Warehousing
and Storage

600



148

172

120

892

493130

Farm Product Warehousing
and Storage

350



154

65

96

511

493190

Other Warehousing and
Storage

1,163



310

388

404

1,955

541713

Research and Development in
Nanotechnology

2,580

176







2,756

541714

Research and Development in
Biotechnology (except
N anobi otechnol ogy )

3,045

64







3,109

153


-------
NAICS

NAICS Description

No

report,

SBA

Small

No
report,
Not
SBA
Small

AERR
report,
CAA Small

AERR
report,
SBA
Small

AERR
Report,
SBA
Not
Small

Grand
Total

541715

Research and Development in
the Physical, Engineering, and
Life Sciences (except
Nanotechnology and
Biotechnology)

7,629

390







8,019

541720

Research and Development in
the Social Sciences and
Humanities

1,842

67







1,909

541990

All Other Professional,
Scientific, and Technical
Services

17,176



87



215

17,391

561910

Packaging and Labeling
Services





1,543

1,630

121

1,751

562211

Hazardous Waste Treatment
and Disposal

382



56

73

52

507

562212

Solid Waste Landfill

642



93

105

33

780

562213

Solid Waste Combustors and
Incinerators

7



11

11

8

26

562219

Other Nonhazardous Waste
Treatment and Disposal

208



32

21

14

243

562910

Remediation Services

3,844



440

464

172

4,480

562920

Materials Recovery Facilities

980



223

201

93

1,274

562991

Septic Tank and Related
Services

3,478

36

3



7

3,521

562998

All Other Miscellaneous
Waste Management Services

1,137

8

4



22

1,167

611310

Colleges, Universities, and
Professional Schools

1,632



176

1,210

913

3,755

622110

General Medical and Surgical
Hospitals

1,156



175

2,108

1,430

4,694

622310

Specialty (except Psychiatric
and Substance Abuse)
Hospitals

80



29

254

200

534

811121

Automotive Body, Paint, and
Interior Repair and
Maintenance

33,254







462

33,716

812210

Funeral Homes and Funeral
Services

11,268

16

3



16

11,300

812220

Cemeteries and Crematories

3,847



11

3

34

3,884

812332

Industrial Launderers

223



110

135

20

378



Totals

340,373

2,294

27,307

39,413

12,686

394,766

154


-------
155


-------
5 BENEFITS ANALYSIS AND BENEFIT-COST COMPARISON

In this chapter, we provide the benefits analysis for this proposed rule. While
methodological limitations prevented the EPA from monetizing the potential human health and
environmental benefits given that no changes in emissions or other environmental effects can
currently be estimated that may be associated with the greater availability of emissions data, and
in particular HAP emissions, resulting from the provisions of the proposed AERR if finalized,
we present a qualitative discussion of benefits that accrue to different stakeholders, including to
the public, and to the industries and investors.

We also present a general comparison of the benefits and costs of this proposed
regulation. As explained in the previous chapters, all costs and benefits outlined in this RIA are
estimated as the change from the baseline, which reflects the requirements in the existing AERR.
EPA is considering this proposal to fill gaps in the existing available emissions inventory data,
most notably for HAPs, prescribed burning, and small generation units related to High Energy
Demand Day (HEDD) events.

5.1 Synopsis of Benefits Analysis

The benefits of the proposed revisions to AERR of collecting additional criteria air
pollutant, air toxics, controls, and sub-facility data include improved understanding, awareness,
and decision making related to the provision and distribution of information. The information
shared with EPA, and incorporated into the NEI, could enable the public to make more informed
decisions on where to live and work, strengthen the public's ability to adequately protect
themselves from potential harm from criteria air pollutants and air toxics, and provide a greater
capacity for meaningful involvement in the development and implementation of local pollution
management policies.

The proposed amendments in this action would ensure that communities have the data
needed to understand significant source of air pollution that may be impacting them and address
existing environmental justice issues. Additional benefits to the public include building public
confidence through clear and transparent emission measures and reports and the ability of the
public to make facilities accountable for their emissions.

156


-------
The revised AERR will also enable a more comprehensive inventory of air emissions,
thereby ensuring that the EPA and other regulators such as states have sufficient information to
identify and solve air quality and exposure problems and reducing the potential for policy bias
due to non-reporting by certain sectors.

Benefits to industry include disclosure that provides firms with incentives to reduce
emissions voluntarily, and provides emissions data to service industries, such as insurance and
financial markets. Availability of emissions information to the public, consumers, investors,
corporations, and government regulators provides a better basis for future policy analysis, and
this benefits society as a whole. Accurate and transparent information is necessary for the
implementation of efficient approaches that meet environmental goals with lower costs as
compared to other approaches.

5.2 Benefits of a more comprehensive air emissions reporting program

The revisions to the AERR that increase air emissions reporting and standardize data
reporting through proposing that operators/owners use the Combined Air Emissions Reporting
System (CAERS) will greatly increase the comprehensiveness and data quality of the database.
Such a database would yield benefits to society in myriad ways by lowering the information
costs associated with determining emissions. Both the Organization for Economic Co-Operation
and Development (OECD) (2005)29 and (2023)30 and the EPA (2003)31 have documented ways
in which the public, industry, government, investment community and academic community
have utilized pollutant release and transfer registers (PRTRs) to accomplish varied tasks such as
toxicity weighting of pollutants, offering education and research on pollutants of interests, and

29	Organization for Economic Co-Operation and Development (OECD). 2005. "Uses of Pollutant Release and
Transfer Register Data and Tools for Their Presentation—A Reference Manual." Series on Pollutant Release and
Transfer Registers No. 7. http://www.olis.oecd.org/olis/2005doc.nsf/LinkTo/NT00000AA2/$FILE/
JT00177567.PDF.

30	Organization for Economic Co-Operation and Development (OECD). 2023. "Uses of PRTR Data and Tools for
Their Presentation." Series on Pollutant Release and Transfer Registers No. 27.
https://one.oecd.org/document/ENV/CBC/MONO(2Q23)9/en/pdf.

31	U.S. Environmental Protection Agency (EPA). 2003. How Are the Toxics Release Inventory Data Used?—
Government, Business, Academic and Citizen Uses (EPA-2600-R-002 004). Washington, DC: U.S. Environmental
Protection Agency, http://www.epa.gov/tri/guide docs/pdf/2003/2003 datausepaper.pdf.

157


-------
building partnerships between regulatory stakeholders that would be costly or unattainable
without such available information.

5.3 Benefits to the Public

5.3.1 Policy Development

One of the greatest benefits of additional reporting of criteria air pollutants and air toxics
emissions to the government would be realized in developing future air quality policies. These
revisions would create a foundation of reliable baseline emission estimates for the purpose of
informing future policies and avoiding unexpected consequences of those policies. Better data
supports numerous improved policy outcomes as described in this section.

Since the prior AERR promulgation, the EPA has recognized a gap in the current AERR
approach to collect CAP and HAP emissions from all relevant facilities. The additional
emissions data will improve air quality modeling, which will feed into policy development and
trends analysis. For example, this action also proposes new point source reporting requirements
for states and owners/operators of facilities within Indian country to report daily activity data
(i.e., fuel use or heat input) for certain small generating units operated to help meet electricity
needs on high electricity demand days (HEDDs). The emissions from the small generating units
can be significant when deployed synchronously by many facilities and can contribute to ozone
formation. However, the current AERR only requires annual emissions values or, if these small
generating units are not located at a point source, no emissions reports, so modeling how the
emissions from small generating units affects ozone formation is challenging. Thus, this AERR
provision if finalized will improve the emissions data available to support rulemakings such as
Tribal Federal Implementation Plans (FIPs), which can be designed to reduce ozone precursors
such as VOC and other rulemakings that could impact emissions from sources within Indian
country. One example of such a Tribal FIP is the recently promulgated Uintah FIP, which will
yield an estimated $120 million in annual benefits (2016 dollars) from VOC emission reductions
to the Uintah and Ouray Indian Reservation in Utah and also reduce HAP emissions as an
ancillary benefit.32

32 U.S. EPA. FIP for Managing Emissions from Oil and Natural Gas Sources on Indian Country Lands Within the
Uintah and Ouray Indian Reservation in Utah. https://www.regulations.gov/document?D=EPA-R08-QAR-2015-
0709-0001. November 8, 2022.

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Future benefit analysis for regulations specific to NAAQS implementation can include
better estimates of the ancillary benefits of HAP reductions. For example, the RIA
accompanying the revision of an ambient criteria pollutant standard, such as the RIA for the
recently proposed PM2.5 NAAQS (EPA, 2022) and revisions to national mobile source standards
can describe ancillary benefits of HAP reductions, even when those regulations are being put in
place to reduce VOC or PM2.5 emissions. A complete and integrated HAP emissions inventory
would enhance EPA's ability to better estimate the ancillary benefits of HAP reductions,
including the ability to monetize the benefits of such reductions.

The HAP emissions data also can be useful in further refining chemical speciation to
better meet the Agency's responsibilities under CAA Part D that require air quality modeling
using emissions data to support NAAQS implementation. VOC chemical speciation is a critical
part of such modeling and can be informed by emissions of HAP VOC. EPA's Office of Air and
Radiation (OAR) prioritizes chemicals to nominate for toxicity assessment under EPA's
Integrated Risk_Information System (IRIS) program in part based on their potential for exposure
and hazard. HAP emissions data are used to support these prioritization efforts.

Lastly, to ensure that the EPA had sufficient emissions data to complete its work, some of
these regulatory actions have needed extensive data collection efforts. Such one-time data
collections require affected entities to take additional time and incur additional costs due to the
hurried, non-routine, nature of the requests. Complete HAP reporting would lessen the need for
such data collections, thus reducing the marginal burden that would be in addition to ongoing
costs being incurred and timing difficulties on affected entities.

5.3.2 Environmental Justice

Availability of increased information on HAPs emissions can also be used to advance the
Agency's environmental justice goals by increasing the understanding the potential impacts of
air toxics emissions from regulated facilities on minority and disadvantaged communities who
have been historically burdened by hidden and undisclosed pollution. The required reporting of
HAP emissions data will increase the ability for EPA to accurately conduct technology reviews
pursuant to CAA Section 112(d)(6), and risk reviews under CAA Section 112(f)(2). These
provisions are additionally impacted by Executive Order 12898, which overlays environmental
justice considerations for the EPA to assess as part of such work. Even for owners/operators who

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also must report emissions to the TRI program, this proposed action would require_additional
sub-facility details necessary for air quality modeling that, in turn, would allow the EPA and
other authorities such as states to assess local-scale community impacts and devise solutions for
high-risk areas.

Additionally, the proposed revisions will overcome an explicit data gap in the current
AERR; the EPA is proposing that facilities located within Indian country for which the relevant
tribe does not have Treatment as a State (TAS) status or approval to submit emissions through a
Tribal Implementation Plan (TIP), and which are outside the geographic scope of the relevant
state's implementation planning authority, will report directly to EPA. By addressing a CAP
emissions data gap, where currently exempt facilities located within Indian country do not have
inventory emission sources, this will increase the data available on emissions in Indian country.
This will increase the ability to conduct and increase the accuracy of regional and national
analyses to support the implementation of the Regional Haze Program and NAAQS for ozone
and PM2.5, and other analyses. This will have localized health benefits for residents living in and
near Indian country.

EPA has also conducted a proximity analysis assessing the demographics of residents
within 5 km of facilities subject to the proposed revisions.33 When comparing the demographics
of nearby communities to the national average, the analysis found that a higher percentage of
minority residents as compared to the nationwide average resided near affected facilities (46
percent of residents near all facilities are minority vs. 40 percent are nationwide), and that a
higher percentage of residents near all affected facilities are below the poverty line as compared
to the nationwide average (15 percent of residents near all facilities are below the poverty line vs.
13 percent are nationwide).

5.3.3 Builds Public Confidence and Trust

The revisions to AERR will increase transparency of facility emissions data. A
qualitative study in the United Kingdom compared similar communities surrounding chemical
complexes with and without right-to-know laws and found that the community with the right-to

33 U.S. EPA, OAQPS/HEID/ATAG. "Analysis of Demographic Factors for Populations Living Near Facilities
Subject to the Proposed Revisions to the Air Emissions Reporting Requirements." October 10, 2022. Prepared by
SC&A, Inc. Chapel Hill, NC.

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know law and corresponding available data on toxic emissions experienced increased levels of
trust towards government and industry to ensure the environmental protection and public health
(Gouldson, 2004).34

5.3.4 Direct Actions

EPA proposes amendments that would ensure HAP emissions data are collected
consistently for all communities across the country. Currently, the availability and detail of HAP
emissions data varies across states, which creates a situation where some communities have
incomplete or less accurate information than others, while still facing the same or greater
potential risks. Transparent, public data on emissions allows for accountability of polluters to the
public stakeholders who bear the cost of the pollution. Citizens, community groups and labor
unions have made use of data from PRTRs to negotiate directly with polluters to lower
emissions, circumventing greater government regulation. There are several examples in the
literature of environmental organizations and community groups negotiating with facilities
directly based on their publicly available pollution data (EPA, 2003).35 The additional air
emissions data collected under the proposed revisions would allow groups interested in
pressuring industry to reduce their emissions to negotiate with the top emitters.

The air emissions data are used to respond to numerous requests for reports on emission
sources. Typically, the data are provided freely through EPA's website. In some cases, specific
requests of data not available on EPA's website are also made by email and rarely, under the
Freedom of Information Act. Requests come from the general public, teachers, contractors and
consultants; Congress; the press; domestic and international universities; and others involved in
research of many types. The inclusion of these additional data into the NEI will increase the
accessibility of such data to all parties with an interest in it. This is beneficial to the public
because research has indicated that the way environmental data are collected and disseminated
by the government matters. For instance, Bae, et al. (2010) found that public provision of raw
Toxic Release Inventory (TRI) data reduced reported emissions but does not necessarily translate

34	Gouldson, A. 2004. "Risk, Regulation and the Right to Know: Exploring the Impacts of Access to Information on
the Governance of Environmental Risk." Sustainable Development 12(3): 136—149.

35	U.S. Environmental Protection Agency (EPA). 2003. How Are the Toxics Release Inventory Data Used?—
Government, Business, Academic and Citizen Uses (EPA-2600-R-002-004). Washington, DC: U.S. Environmental
Protection Agency, http://www.epa.gov/tri/guide docs/pdf/2003/2003 datausepaper.pdf.

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into reduced health risks.36 But, as also found by Bae, et al. (2010), the processing of those data
by states to aid in access and interpretation did lead to significant reductions in health risks.

5.3.5 Voluntary Programs

Evaluations of several major voluntary programs have noted that need for a strong
reporting mechanism is necessary (Worrell and Price, 2001).37 A transparent reporting system
increases the credibility of the voluntary program and the reductions attributed to the program. A
standardized reporting system also allows program managers to readjust the programs strategy to
meet the evolving needs of a program.

5.4 Benefits to Industry and Investors

5.4.2 Public Relations

One potential benefit of a more comprehensive and consistent approach to air emissions
monitoring is the value of having independent, verifiable data to present to the public to
demonstrate appropriate environmental stewardship by industrial sources. For example, General
Motors issues its Corporate Responsibility and Sustainability Report, which makes use of TRI
data and the Canadian National Pollutant Release Inventory to support its environmental
achievements. Using data from a verified, standard methodology as under AERR gives the
facilities credibility to the public when claiming environmental improvements. Hamilton
(1995)38 and Konar and Cohen (1997)39 are two examples of empirical studies that have
investigated how the release of TRI data has affected firm behavior and stock market valuation.

36	Bae, H., P. Wilcoxen, and D. Popp, 2010. Information disclosure policy: Do state data processing efforts help

more than the information disclosure itself? Journal of Policy Analysis and Management, 29(1), pp. 163-
182.

37	Worrell, E., and L. Price, 2001. Barriers and Opportunities: A Review of Selected Successful Energy Efficiency
Programs. Proceedings from 2001 Industrial Energy Technology Conference. Lawrence Berkley National
Laboratory Working Paper No. LBNL-47908. http://industrial-energv.lbl.gov/node/198.

38	Hamilton, J. 1995. "Pollution as News: Media and Stock Market Reactions to the Toxics Release Inventory Data."
Journal of Environmental Economics and Management, 28: 98-113.

39	Konar, S., and M. Cohen. 1997. "Information as Regulation: The Effect of Community Right-to-Know Laws on
Toxic Emissions." Journal of Environmental Economics and Management, 32: 109-124.

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Hamilton (1995) finds a stock price return of -0.03 percent due to TRI release.40 In particular,
according to this study, firms that experienced the largest drop in their stock prices also reacted
by reducing their reported emissions most in subsequent years. Thus, this finding suggests that
firms do use these reported emissions as one input to increase or at least maintain their value.

5.4.2 Standardization

Once industrial facilities invest in the institutional knowledge and systems to report
additional emissions as proposed in the revisions, the cost of monitoring CAP and HAP
emissions is expected to fall over time and the accuracy of the accounting should improve. A
standardized and more comprehensive reporting program, which this proposal is meant to
support, will also allow for facilities to better benchmark themselves against similar facilities to
understand better their relative standing within their industry.

Standardized, consistent, information also allows EPA to develop improved quality
assurance processes. When the information collected is based on a set of requirements, the EPA
can check if those requirements are being met. For example, EPA has long advocated for use of
source test information to estimate emissions as a higher quality approach over emission
factors.41 With this proposed approach, using such information when available would become a
requirement, but owners/operators would have the option not to use source test data when it is
not appropriate to do so and explain why such data was not used. The EPA intends to implement
reporting through CAERS to require the source test data be used unless such a reason is given.
Without the standardization this proposal would provide, the EPA does not have an efficient or
effective way to help ensure sources would use source test data when it is available.

As described in Section IV. A. 1 of the preamble to this proposed rule, having complete,
predictable, and routine HAP reporting would significantly lessen the need for EPA to conduct
one-time, intermittent, and non-uniform data collection efforts to gather HAP emissions data and

40	Hamilton, J. 1995. "Pollution as News: Media and Stock Market Reactions to the Toxics Release Inventory Data."
Journal of Environmental Economics and Management, 28: 98-113.

41	AP-42 is the primary compilation of emissions factors by US EPA since 1972. For more information on AP-42,
please refer to https://www.epa.gov/air-emissions-factors-and-auantification/ap-42-compilation-air-emissions-
factors#:~:text=AP%2D42%2C%20Compilation%20of%20Air.200%20air%20pollution%20source%20categories.

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facility attribute information. When a standardized data reporting requirement is known in
advance, it provides respondents the opportunity to plan ahead to more efficiently use their
resources to obtain the information to provide in an emissions report. This advantage of
predictability does not exist with one-time collections where each new collection is different
from the last. While the initial burden associated with the requirements proposed here may
appear relatively high, the EPA predicts that the AERR approach will be more efficient in the
long run than the present approach.

5.4.3 Potential Cost Savings and Burden Reduction

The proposed provision of information could also lead to behavioral changes that could
result in reduced costs and additional benefits. In particular, voluntary initiatives by facilities to
review emissions control management practices and facility processes, set goals for reductions in
emissions, and institute "good neighbor" policies may result from provision of the proposed
information. Potential changes in facility operations, such as reductions in the releases, could
yield health and environmental benefits. While behavioral changes from the provision of
information may result from the rule and are, in fact, one goal of these types of policies, they are
not mandated by the proposed action. The reporting of such emission data, and its public
disclosure, may provide social benefits in itself since this data disclosure may incentivize
emission reductions. For example, disclosure of emissions as part of the Greenhouse Gas
Emissions Reporting Program (GHGRP) is shown to have led to a 7 percent reduction in GHG
emissions from a sample of power plants.42

Lastly, in the revisions to AERR, the EPA proposes to require owners/operators to report
to the EPA using the Combined Air Emissions Reporting System (CAERS). CAERS can offset
and even reduce total burden by providing owners/operators a way to report to the National
Emissions Inventory (NEI), Toxics Release Inventory (TRI), as well as state programs. With
CAERS, the air emissions data reported to EPA under this proposal can also be used, via CAERS
and with little additional effort by the reporter, to also meet TRI requirements. Within TRI, an
option is available to import data from CAERS and use that to report air emissions, rather than

42 Lavender Yang, Nicholas Z. Muller, and Pierre Jinghong Liang. "The Real Effects of Mandatory CSR Disclosure
on Emissions: Evidence from the Greenhouse Gas Reporting Program." NBER Working Paper 28984. July 2021.
Available on the Internet at https://www.nber.org/svstem/files/working papers/w28984/w28984.pdf.

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having to re-enter the data into TRI. This reduces burden as compared to a facility having to
report separately to NEI and TRI.

Reductions in total burden, and particularly in operating and maintenance burden, to
owners/operators are shown in Table 3-8 of this RIA.

5.4.4	Data Valuable to Service Industries

In addition to the benefits for the industrial facilities being monitored, the data can be
valuable to companies doing business with air pollutants-emitting firms. Firms have sold
pollution prevention technologies to customers found using TRI data (Pew, 2008).43 In addition,
insurance companies may find these data valuable in assessing risk. In general, improved
information lowers search and transaction costs for providers of mitigation products and
services.

5.4.5	Data Valuable to Industry Stakeholders

The EPA additionally proposes to require owners/operators of facilities to report the
results of stack tests and performance evaluations electronically to the CEDRI system. The EPA
needs these data to support its continuing effort to develop and improve emissions factors. Many
stakeholders including states and industry have previously asked the EPA to improve its
emissions factors. The collection data from stack tests and performance valuations through this
regulatory effort would enable EPA to fulfill these requests.

5.5 Reducing Uncertainty: Benefits to all Stakeholders

Reducing uncertainty in air pollutant emission estimates is an underlying benefit that
increases benefits to all stakeholders. Policy development, direct action by the public and
consumers, standardization, and reliable data for firms, shareholders and service industries to use
in decision-making all require certainty in emission estimates in order to make environmentally
sound and cost-effective decisions. Increased certainty in the emission estimates facilitates the

43 Pew Center on Global Climate Change. 2008. "Greenhouse Gas Reporting and Disclosure: Key Elements of a
Perspective U.S. Program." Innovative Policy Solutions to Climate Change. In Brief, No. 3. Arlington, VA: Pew
Center on Global Climate Change. http://www.pewclimate.org/docUploads/policv inbrief ghg.pdf.

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comparison across reduction options, companies and sectors where different data or approaches
have been used.

More frequent reporting of emissions can be consistent with increased certainty of such
data to regulatory stakeholders. Using more current information reduces the uncertainties
associated with changes in emissions from one year to the next. EPA's work with stakeholders
has provided insights into the challenges owners/operators face when EPA includes outdated
data in its NEI releases. For example, in the recent AirToxScreen releases for 2017 through
2019, some commercial sterilizer facilities had either ceased operating or installed additional
controls to reduce ethylene oxide emissions. During review of these data prior to release, states
and EPA regional office representatives heard from these facilities and informed EPA that they
wanted the agency to use the more current data because emissions were lower. Because these
changes in operations had not occurred in the historical years, rather than adjust the modeled
concentrations and risks in these historical years based on more current information, EPA added
notices on the website for each of these facilities to indicate when operations ceased or when
controls had been installed that would reduce emissions after the year of the AirToxScreen
release. Similarly, when EPA used data that was several years old in support of regulatory
decisions, in cases when one-time information collections could not be accomplished due to
timing or other constraints, industry has commented about EPA's flawed data and insisted that
more current data be used. With an annual approach for reporting emissions, the EPA could best
reflect emissions controls and lower emissions in the NEI data, AirToxScreen, and regulatory
assessments.

In light of what has been presented in this RIA, the EPA expects that implementation of
this rule should yield benefits related to the additional emissions data and standardization of data
formats, among other benefits that are included in this RIA, though we are not able to present
monetized benefits results given lack of available valuation data to compare to the costs of rule
compliance. Given that we are unable to present monetized benefits of the proposal to compare
to the estimated costs, we conclude that the monetized net benefits are negative. However, as
explained throughout this RIA, EPA estimates substantial non-quantified and non-monetized
benefits that justify the proposed regulatory action.

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5.6 Uncertainties and Limitations

Throughout the RIA, we considered a number of sources of uncertainty, both
quantitatively and qualitatively, regarding the benefits, and costs of the proposed rule. We
summarize the key elements of our discussions of uncertainty here:

•	Projection methods and assumptions: Over time, more facilities who are required
to meet the provisions of the proposed AERR are newly established or modified in
each year, and to the extent the facilities remain in operation in future years, the total
number of facilities subject to the proposed rule could change. We assume 100
percent compliance with the rule, starting from when the sources become affected. If
sources do not comply with the rule, at all or as written, the cost impacts may be
overestimated and the benefits may not be as great as anticipated.

•	Years of analysis: The years of the cost analysis are 2024, to represent the first-year
sources are affected by this rule, through 2033, to represent impacts of the rule over a
longer period after promulgation, as discussed in Chapter 3. Extending the analysis
beyond 2033 would introduce substantial and increasing uncertainties in projected
impacts of the proposed rule.

•	Compliance costs: While there are no new monitoring or source testing requirements
in the proposed AERR as mentioned in Chapter 1 of this RIA, there may be an
opportunity cost associated with the installation and use of any equipment (for
purposes of collecting emissions data as necessary for compliance with this proposal)
that is not reflected in the compliance costs included earlier in Chapter 3. If
environmental investment displaces investment in productive capital, the difference
between the rate of return on the marginal investment (which is discretionary in
nature) displaced by the mandatory environmental investment is a measure of the
opportunity cost of the environmental requirement to the regulated entity. This is a
particularly relevant consideration for those companies and private sector entities that
would incur costs as part of compliance with the proposed AERR. To the extent that
any opportunity costs are not added to the compliance costs, the compliance costs
presented above for this proposed rule may be underestimated.

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As part of estimating the compliance costs, EPA recognizes that many SLTs
subcontract their point source emissions collection systems to a third party, while
EPA's cost estimation approach assumes the system is operated and maintained using
in-house resources. However, EPA assumes that the costs of in-house systems are
higher than outsourcing costs because SLTs are unlikely to outsource such a system
unless costs would be reduced. Since EPA's estimates for data system operations and
maintenance (included in Chapter 3) assume in-house systems only, we believe that
we have not only included outsourcing costs but may have overestimated such costs
in this RIA. This approach would also potentially overestimate burden reduction
associated with CAERS case 4.

• Consideration of Voluntary Activities as Incremental Costs: As mentioned earlier
in this RIA, the cost estimates for this proposal include the costs for voluntary
emissions data collection activities (for HAP and other pollutants) carried out by
states, local, and tribal governmental authorities in the absence of this new rule.

Given that these activities will now be required under the proposed AERR, an
argument can be made that the costs of these activities can reasonably be included as
costs of the proposal. However, given that there may be no real increment of costs for
authorities currently carrying out these activities given how the baseline for a
proposed rule such as this one is normally characterized, a counter argument could be
made that these costs can reasonably not be included in the costs of the proposal.

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United States	Office of Air Quality Planning and Standards Publication No. EPA-452/P-23-003

Environmental Protection Health and Environmental Impacts Division July 2023
Agency	Research Triangle Park, NC

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