On March 20, 2015, EPA proposed to revise the 40 CFR Part 60, Subpart A General Provisions and various individual new source performance standards (NSPS) subparts to require the electronic submittal of specific air emissions reports to EPA and to allow these reports to be maintained electronically. The proposed rule would require specific air emission reports such as summary reports, excess emission reports, compliance test reports, and performance evaluation reports be submitted to EPA’s Central Data Exchange (CDX) rather than submitted in paper format. Most sources subject to an NSPS will be affected including paper mills, phosphoric acid plants, glass manufacturing plants, stationary gas turbines, grain elevators, coating operations, landfills, engines, waste combustors, refineries, steel mills, and rubber tire manufacturers. (A complete list of subparts affected and excluded by the proposed rule begins on page 15112 of EPA’s proposal as it appears in the March 20, 2015, 80 Fed. Reg. 15100.)

The proposed rule will not change the way the reports are submitted to a facility’s state or local air agency. However, state and local air agencies may “opt in” to receive reports electronically using EPA’s system. The reports will be archived in the CDX and will be sent to the WebFIRE database within 60 days of submittal where they will be available to the public. Currently, these reports are not typically available online and the public would need to obtain copies through a Freedom of Information Act (FOIA) request or through a file review at state or local regulatory agencies.

EPA clarified that this proposal does not address the reporting and recordkeeping requirements for sources subject to existing source standards under NSPS emission guidelines. Rather, electronic reporting and recordkeeping under existing source standards will be addressed in the future when emission guidelines are opened for other revisions or when new emission guidelines are proposed.

EPA also proposes to delay the effective date of the final rule until 90 days after it is published in the Federal Register, in order to provide additional time for affected facilities to transition to electronic reporting. Comments on the proposal were due May 19, 2015.

DAQ now accepts submittal of certain documents through its eForms website. The eForms website removes DAQ’s file size limitation for email attachments and allows documents to be securely transferred to DAQ’s TEMPO database. The eForm website eliminates the need for sending a hard copy of the submittal to DAQ and allows a user to view documents previously submitted through the eForm website.

DAQ’s Field Operations Branch (DAQ FOB) accepts permit-required reports such as annual compliance certifications and semi-annual monitoring reports through the eForm website. Note that asbestos notifications are not accepted through the eForm website and must be submitted to the appropriate regional office. Permit application correspondence is also not accepted through the website and must be submitted to the Permit Review Branch. To submit a document to the DAQ FOB, navigate to https://dep.gateway.ky.gov/eForms/Default.aspx?FormID=34.

DAQ’s Source Sampling Section also accepts files such as sampling protocols and compliance test reports through the eForm website. To submit a document to the Division for Air Quality’s Source Sampling Section, navigate to https://dep.gateway.ky.gov/eForms/Default.aspx?FormID=32.

Although not required, DAQ is encouraging facilities to submit documents through the eForm website rather than in hard copy. Following submittal of a document, the eForm website will display a receipt indicating proof of submission. The website will also send an email to the facility once the document is placed into the Division’s TEMPO database.