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United States: EPA Opens Comment Period On First Nationwide Greenhouse Gas
Emission Reporting Rules: Comments Due June 2009
Related Information
29 April 2009
Article by Adam P. Kahn , Mary Beth Gentleman , Amy E. Boyd and Seth D.
Jaffe
The Environmental Protection Agency (EPA) has officially opened the 60-day
comment period on a proposed rule that would impose greenhouse gas emissions
reporting requirements on industrial facilities that emit more than 25,000
tons of CO2 equivalents per year. The proposed rule (.pdf) was released
March 10 ( see our Client Alert for more information), but was not published
in the Federal Register until April 10.
The proposed rule affects some 13,000 facilities, which collectively account
for 85% to 90% of greenhouse gases emitted in the U.S. In addition to
facilities that annually emit 25,000 metric tons of CO2e, the proposed rule
requires suppliers of fossil fuels and industrial greenhouse gases, as well
as manufacturers of vehicles and engines, to submit annual reports to EPA,
which catalogue the potential emissions from the downstream use of their
products for all greenhouse gases, i.e., carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons
(PFC), sulfur hexafluoride (SF6), and other fluorinated gases, including
nitrogen trifluoride (NF3) and hydrofluorinated ethers (HFE). The proposed
rule does not require control or caps on emissions, but only that the
sources monitor and report greenhouse gas emissions. EPA will use the data
gathered from this reporting process to formulate and assess the impacts of
future policies.
EPA is holding public hearings on the proposed rule in April, and is now
accepting comments. Comments on the proposed rule should be labeled with
docket identification number EPA-HQ-OAR-2008-0508 and must be submitted
before June 9.