Final Rule Issued for Greenhouse Gas Emissions Reporting

On October 30, 2009, EPA issued final regulations that require reporting of greenhouse gas (GHG) emissions (74 56260). Under the rule, which is effective December 29, 2009, suppliers of fossil fuels and industrial greenhouse gases, manufacturers of vehicles and engines, and certain facilities that emit GHGs are required to submit annual reports to EPA. For facilities that emit GHGs, the rule applies primarily to large facilities emitting 25,000 metric tons or more of CO2 equivalent (CO2e) GHG emissions per year from all stationary fuel combustion sources at the facility (but not including portable equipment, emergency generators, or emergency equipment, as defined in the rule). For suppliers, the GHG emissions reported are the emissions that would result from combustion or use of the products supplied.

Facilities that are required to report must begin collecting data on January 1, 2010. The rule requires reporting of annual emissions of carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbons, and other fluorinated gases (e.g., nitrogen trifluoride and hydrofluorinated ethers). In addition, the rule includes provisions to ensure the accuracy of emissions data through monitoring, recordkeeping and verification requirements.

The first annual GHG report is due on March 31, 2011 and must include GHGs emitted or products supplied during 2010. Once a facility is subject to reporting it must continue to submit GHG reports annually; however, a reporter can cease reporting if the required annual GHG reports demonstrate that reported GHG emissions are either: (1) less than 25,000 metric tons of CO2e per year for five consecutive years, or (2) less than 15,000 metric tons of CO2e per year for three consecutive years.