EPA Final Rule Amends GHG Reporting Rule, Extends Certain Reporting
The Environmental Protection Agency has issued a final rule, effective December 29, 2011, amending provisions of its 2009 Mandatory Reporting of Greenhouse Gases final rule in order to correct technical and editorial errors that have been identified since promulgation; include additional information to clarify compliance obligations; correct data reporting elements so they more closely conform to the information used to perform calculations; and make other corrections and amendments. The final rule also allows a limited, one-time six month extension of the 2012 reporting deadline for certain facilities and suppliers.
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(EPA's October 2009 final rule requires the reporting of GHG emissions that could result from the combustion or use of fossil fuel or industrial gas that is produced or imported from upstream sources - such as fuel suppliers - as well as the reporting of GHG emissions directly emitted from downstream sources - such as facilities through their processes and/or from fuel combustion. The 2009 rule lists nearly 100 examples of the types of entities that could be affected by the reporting requirements such as suppliers (which includes producers, importers, or exporters in any supply category included in Table A--5); pulp and paper mills; petroleum refineries; fruit and vegetable canning facilities; meat processing facilities; etc.1)
Clarifies Applicability for Importers Is Assessed Separately from Exporters, Etc.
Among other things, the final rule makes corrections and clarifications regarding imports and exports. For example, it amends 40 CFR 98.2(d) and (e) to clarify that the applicability determination for importers must be assessed separately from the applicability determination for exporters. It also clarifies in Table A-5 that coverage and the applicability determination for importers and exporters under subpart MM includes suppliers of natural gas liquids in addition to suppliers of petroleum products. (See final rule for further corrections and clarifications to the 2009 final rule.)
Extends Certain Source Category Reporting Until Sept 2012
In addition, the final rule allows a one-time six month extension of the 2012 reporting deadline for facilities and suppliers that contain one or more source categories for which data collection began in 2011, in order to allow sufficient time for development and stakeholder testing of the electronic-GHG Reporting Tool (e-GGRT).
This extension of the reporting deadline from March 31, 2012 to September 28, 2012 applies to the source category in Table A-5 of Imports and Exports of Equipment Pre--charged with Fluorinated GHGs or Containing Fluorinated GHGs in Closed--cell Foams (subpart QQ), among other source categories.
1To determine whether an entity is affected by the 2009 and current rule, EPA advises careful examination of the applicability criteria found in 40 CFR Part 98 Subpart A or consulting the EPA contact party.
(See ITT’s Online Archives 09110215 and 09103010 for summaries of the October 2009 final rule on mandatory GHG reporting, including its effect on imports and exports.
See ITT’s Online Archives 10081217 for summary of EPA’s proposed rule to make technical clarifications and corrections to the October 2009 GHG reporting final rule.
See ITT’s Online Archives 11032122 for summary of an EPA final rule extending the GHG reporting deadline until September 30, 2011 for 2010 data.)
EPA contact - Carole Cook (202) 343-9263
FR Pub 11/29/11, D/N EPA-HQ-OAR-2011-0147)