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EPA Finalizes (and proposes additional) changes to Mandatory Greenhouse Gas Reporting Program

12/22/10

Source: SOCMA and EPA
Related Topics: Climate Change US Environmental Protection Agency

On December 17, EPA published a final rule which continues to amend last year’s Mandatory greenhouse gas reporting rule.   The latest amendments seek “to clarify certain provisions, to correct technical and editorial errors, and to address certain questions and issues that have arisen since promulgation.”  More specifically, these final changes include “allowing greater flexibility or simplified calculation methods for certain sources, amending data reporting requirements to provide additional clarity on when different types of greenhouse gas emissions need to be calculated and reported, clarifying terms and definitions in certain equations and other technical corrections and amendments.”

The rule is effective on December 31, 2010.

Additionally, on December 21, EPA announced the following:

EPA Proposes Updates to Greenhouse Gas Reporting Program

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is proposing actions under the greenhouse gas (GHG) reporting program to address issues about the public availability of certain data that some businesses may consider to be confidential.  The total emissions for each facility is still required to be reported to EPA and released to the public.

In July 2010, EPA proposed to determine that information included in emissions equations are “emissions data” and cannot be protected as confidential business information under the Clean Air Act.  Under the proposed determination, EPA would have to make these data available to the public once they are submitted to the agency.

In today’s actions, EPA is soliciting comments from stakeholders seeking more specific information about claims of business sensitivity regarding inputs to emissions equations and proposing to defer the deadline for reporting that data until March 2014. The new information and reporting deferral would allow EPA to assess the issue and make final decisions on how to treat the data elements in question.  The proposals will not change the requirement that facilities retain these data so that EPA may directly follow up with facilities through on-site audits.

EPA is taking comment on the proposal to delay reporting of sensitive data for 30 days after publication in the Federal Register, or 45 days if a hearing is requested, and is accepting comments in response to EPA’s request for information for 60 days after publication in the Federal Register.

More information on the proposals, including pre-publication copies, can be found at:  http://www.epa.gov/climatechange/emissions/CBI.html 
 







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