How can owner/operators submit demonstrable error claims, how will EPA reflect the demonstrable error claims and their resolution on public websites, and how can owner/operators request EPA review of its decision?
After receiving a notification from EPA of a super-emitter event, owners and operators claiming a demonstrable error in the notification should use the Owner/Operator Response Form (OMB Control No. 2060-0721) and select “Yes” in response to “Do you assert a demonstrable error in the notification?” Owners and operators making such a claim may provide a statement of demonstrable error when they file their super-emitter event report. Supporting evidence of the demonstrable error may be attached.
When an owner/operator makes a demonstrable error claim, the EPA Methane Super Emitter program website (Data Explorer) will mark the emissions event in a status indicating that a demonstrable error was claimed, and that EPA’s review of that claim is pending. If EPA verifies the demonstrable error, the emissions event will be archived as “accepted” and will be removed from the Data Explorer map. If EPA’s review determines that the demonstrable error claim is not valid, EPA’s website will indicate the demonstrable error claim was not accepted.
If the owner/operator believes that EPA’s determination is not correct, they may utilize the “report error” button on the Data Explorer website. The error reporting function is one that exists for EPA data system pages (referred to as the Integrated Error Correction Process - IECP) which allows users to provide additional narrative to support the claim that EPA’s web databases have incorrect information. If EPA receives an error report related to a demonstrable error claim, EPA will initiate an additional review, which may include asking the facility for additional information, or conducting on-site investigations to help determine the veracity of the error reporting claims. EPA will decide based on this investigation whether to accept the requested data change, in which case, the original demonstrable error claim will be noted as accepted. Users submitting error reports will receive a tracking number via email and will receive follow-up emails with EPA’s resolution.
In exercising its discretion about whether there has been a demonstrable error, the factors EPA may consider include evidence that the claimed super-emitter event did not occur, the emissions did not exceed the threshold of 100 kg/hr of methane, the third party did not use the methane detection technology identified in their submittal, or the third party knowingly misidentified the date of the super-emitter event. EPA notes that as stated at 40 CFR 60.5371b(b)(5)(iii), the failure of the owner or operator to find the source of the super-emitter event upon subsequent inspection shall not be proof, by itself, of demonstrable error.
EPA intends to investigate claims of demonstrable error promptly and expects, in the absence of unusual circumstances, to make a determination within three months. The speed with which EPA can resolve such claims depends on the completeness and accuracy of the data submitted in support of the claim, and the responsiveness of the submitter in providing access to facilities and information to resolve the claim.