EPA’s Final Rule on the Mandatory Reporting of Greenhouse Gases was published in the Federal Register on October 30, 2009. (74 Fed. Reg. 56260.) The rule, which becomes effective on December 29, 2009, requires certain covered facilities to report annual emissions of greenhouse gases (“GHGs”). Such facilities will need to commence collecting data on GHG emissions on January 1, 2010 and submit reports for 2010 emissions by March 31, 2011. (Id. at 56267.)
Facilities that do not contain any specifically listed source category (e.g., petrochemical production, glass production, pulp and paper manufacturing) must report their annual GHG emissions only if the aggregate maximum rated heat input capacity of the stationary fuel combustion units at the facility is 30 mmBtu/hr or greater and the facility emits 25,000 metric tons or more of GHGs per year. (Id. at 56285.) Thus, if a facility’s combined rated heat input capacity is below 30 mmBtu/hr, it is not covered by the reporting rule. (Id.) However, if the facility exceeds this threshold then it must calculate its annual GHG emissions to determine whether it exceeds the 25,000 tons per year reporting requirement. (Id.)
Although certain large commercial buildings could be subject to the reporting requirements based on their fuel consumption units, the preamble to the final rule specifically clarifies that “[t]he proposed rule did not require reporting of electricity purchases and neither does the final rule.” (Id. at 56288.) Similarly, EPA has explained that facilities are not required to report indirect emissions from electricity consumption. (Id.)
Please contact us if you would like further information on whether your facility might be subject to the new reporting requirements.
