New Electronic Reporting and Recordkeeping Requirements for New Source Performance Standards Signed by EPA



Note: On January 20, 2017, the new Administration signed a memo instituting a regulatory freeze pending review.  Because the NSPS electronic reporting rule had not yet been published in the Federal Register, EPA is required to immediately withdraw it for review and approval by the new EPA administrator.  This action may result in the delay, modification, or cancellation of the rule.

On December 21, 2016, the New Source Performance Standards (NSPS) Electronic Reporting and Recordkeeping Requirements Rule was signed by EPA Administrator Gina McCarthy.  The rule alters the NSPS General Provisions (40 CFR 60 Subpart A) and certain subparts to include requirements for submitting specified reports electronically through EPA’s Central Data Exchange (CDX) – Compliance and Emissions Data Reporting Interface (CEDRI).  Reports that will be subject to the proposed electronic submittal requirements include:

  • Summary reports and/or excess emissions and monitoring reports for continuous monitoring systems (CMS)
  • Performance test reports
  • Performance evaluation reports/relative accuracy test audit (RATA) reports 
  • Subpart-specific reports (e.g., semiannual reports, annual reports, etc.)

The rule does not require any additional reporting, but does alter the format of the reports.  Facilities will still be required to submit reports regularly to their state/local agency in the format requested by their respective agencies.  Data from these reports will be used by EPA to update emission inventories and emission factors and will be accessible to the public through the Internet.  Please note that certain NSPS subparts are not impacted by this rule including many of the boiler subparts (Subparts D, Da, Db, and Dc) as well as others.

The initial compliance date for the performance test and performance evaluation report/RATA reports will be 90 days after the date of publication of the rule in the Federal Register.  For these reports, facilities will be required to create an electronic version of performance test/RATA plans and results using EPA’s Electronic Reporting Tool (ERT).  This “ERT Package File” must then be uploaded in CEDRI and submitted by the facility.

The summary reports, excess emission and monitoring reports, and subpart-specific reports must be completed using forms within the CEDRI system.  The initial compliance date for these reports will be two  years after the date of publication of the rule in the Federal Register or one  year following the date the reporting form becomes available in CEDRI, whichever is later.  At this time, forms for all affected reports may not be available in CEDRI.  

To prepare for the NSPS electronic reporting rule, Trinity recommends that facilities assess and determine the specific requirements that apply to emission units at their facilities.  Many facilities will need to arrange to have an electronic ERT Package File prepared for certain 2017 performance tests and RATAs.  The prepublication version of the final rule and associated fact sheet are available here.  For additional information, please contact your local Trinity office at (800) 229-6655 or Chris Pool at cpool@trinityconsultants.com or 678-441-9977.