EPA Proposes Rules to Expand GHG Reporting to Add’l Sectors, Require Firm Info

EPA is now proposing to collect emissions data from the following additional sectors: (1) the oil and natural gas sector, (2) industries that emit fluorinated gases (including importers and exporters), and (3) from facilities that inject and store carbon.

EPA is also proposing to require all facilities that are subject to the GHG reporting rule, including the new sectors that would beadded by the 3 proposed rules, to provide information on their corporate ownership. (This information would include information on the emitting facility’s ownership or corporate parent companies, the NAICS codes that apply to the facility, and an indication of whether or not reported emissions include emissions from a cogeneration unit.).

EPA to Hold April Public Hearings on 3 of the 4 Proposed Rules

EPA will hold two public hearings in April 2010 on three of the four proposed rules. The first hearing will be held on April 19, 2010 in Arlington, Va., and will cover the proposed rule ‘‘Mandatory Reporting of Greenhouse Gases: Petroleum and Natural Gas Systems’’ and the proposed rule ‘‘Mandatory Reporting of Greenhouse Gases: Injection and Geologic Sequestration of Carbon Dioxide.’’

The second hearing will be held on April 20, 2010 in Washington, D.C., and will cover the proposed rule “Mandatory Reporting of Greenhouse Gases: Additional Sources of Fluorinated GHGs”

EPA will not hold a public hearing on the fourth proposed rule, “General Provisions: Corporate Parent/NAICS Amendments,” (unless requested) because it believes this rule is noncontroversial.

Proposed Rule on Fluorinated Gases Would Mostly Affect Imports/Exports

The proposed rule that most directly affects importers and exporters, ‘‘Mandatory Reporting of Greenhouse Gases: Additional Sources of Fluorinated GHGs,’’ would require reporting of fluorinated GHGs from the following additional source categories:

• Imports and exports of equipment pre-charged with fluorinated GHGs or containing fluorinated GHGs in closed-cell foams.

• Electronics manufacturing (including the manufacture of semiconductors, photo voltaic, liquid crystal display, and micro-electro-mechanical systems).

• Fluorinated gas production.

• Use of electric transmission and distribution equipment.

• Manufacture of electric transmission and distribution equipment.

(Pre-charged equipment is any appliance, appliance component, electrical equipment, or electrical equipment component that is charged with a fluorinated greenhouse gas prior to sale or distribution or offer for sale or distribution. This includes equipment that contains the full charge necessary for operation and equipment that contains a partial “holding” charge of the fluorinated greenhouse gas. Examples include air-conditioning and refrigeration equipment, gas-insulated substations, circuit breakers, other switchgear, gas-insulated lines, and power transformers.

Closed-cell foam is any foam product constructed with a closed cell structure and a blowing agent containing a fluorinated GHG. This includes (but is not limited to) polyurethane (PU) appliance foam, PU continuous and discontinuous panel foam, PU one component foam, PU spray foam, extruded polystyrene (XPS) boardstock foam, and XPS sheet foam.)

Emissions threshold would exempt most small businesses. Under the proposed rule, fluorinated GHG facilities that emit 25,000 metric tons of carbon dioxide equivalent per year or more would be required to report their emissions to EPA. EPA anticipates that most small businesses would fall below this threshold and, therefore, would not be subject to reporting requirements.

First report would be due in 2012. Reporting is proposed to be at the facility level, and EPA anticipates that data collection would begin on January 1, 2011 with the first report due to EPA on March 21, 2012.

EPA contact -- Carole Cook (202) 343-9263 or GHGMRR@epa.gov.

(See ITT’s Online Archives or 04/07/10 news, (Ref: 10040725), for BP summary of EPA public hearings.

See ITT’s Online Archives or 11/02/09 daily news, (Ref: 09110215), for BP summary of EPA’s final GHG reporting rule’s effects on imports/exports.)

EPA press release on proposed rules relating to GHG mandatory reporting available at http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/8d717a8525394687852576ef00595ffc!OpenDocument.

EPA fact sheet on proposed rule on additional sources of fluorinated GHGs (including imports/exports) available at http://www.epa.gov/climatechange/emissions/downloads10/Subpart-F_Factsheet.pdf