EPA Promulgates Final Rule Requiring Reporting of Greenhouse Gases

The Environmental Protection Agency (EPA) recently published a final rule under the authority of the Clean Air Act (CAA), requiring large sources of Greenhouse Gas (GHG) emissions, suppliers of fossil fuels and industrial gases, and large vehicle and engine manufacturers to report the amount of GHG emitted or potentially emitted into the air on an annual basis. 74 Fed. Reg. 56,260 (October 30, 2009). The Greenhouse Gas Reporting Rule affects industries from many sectors in the economy that directly emit GHG. Industries that must report include facilities producing aluminum, ammonia, cement, lime, petrochemicals, phosphoric acid, silicon carbide, soda ash, ferroalloy, glass, iron and steel, lead, hydrogen and zinc, facilities generating electricity, certain Municipal Solid Waste landfills and manure management systems (livestock), and facilities manufacturing pulp and paper. There is a minimum emissions threshold of 25,000 tons of GHG per year for some, but not all, of the facilities before the annual reporting requirement applies. The new rule also requires facilities that emit more than 25,000 tons per year GHG emissions as a result of stationary fuel combustion (boilers, engines, heaters, incinerators) to file an annual report.

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