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EPA Finalizing Mandatory Greenhouse Gas Reporting Rule

By: Jennifer Coghlan

This past April, EPA proposed regulations that would mandate reporting on emissions of greenhouse gas (“GHGs”) for thousands of facilities and source categories.  (74 FR 16488 (April 10, 2009)).  The comment period on the proposed rule has closed, and it is anticipated that EPA will issue its final rule in the coming months.  If the rule is adopted as proposed, covered facilities will be required to measure GHG emissions starting on January 1, 2010 – and report emissions for calendar year 2010 on March 31, 2011.

The rule’s reporting requirement would apply to:

  • Facilities in specified source categories, including:
    • Electricity generating facilities that are subject to the Acid Rain Program or that contain generating units that collectively emit 25,000 metric tons or more of GHGs per year;
    • Aluminum production facilities;
    • Cement production facilities;
    • Electronics manufacturing facilities that exceed certain annual production capacities;
    • Petroleum refineries;
    • Petrochemical facilities; and
    • Certain municipal landfills.
  • Facilities that emit 25,000 metric tons or more of GHGs per year in combined emissions from stationary fuel combustion units, miscellaneous use of carbonates and certain specified source categories, including:
    • Electricity generation;
    • Food processing;
    • Pulp and paper manufacturing.
  • Facilities that do not contain a source in any designated source category, but include stationary fuel combustion units with an aggregate maximum rated heat input capacity of 30 mmBtu/hr or greater, and that emits 25,000 metric tons or more of GHGs per year from all such units;
  • Suppliers of certain fuels and gases; and
  • Manufacturers of mobile sources and engines (which would be required to report emissions from those vehicles and engines).

If a facility falls within any of these categories, emissions information will have to be collected as of January 1, 2010.   Please contact us if you would like assistance in determining whether your facility would be subject to the reporting requirements and, if so, for help in preparing for compliance.

Additional information on the proposed rule can be found at EPA’s website.

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