Last week, EPA took additional steps toward implementing its mandatory greenhouse gas (GHG) reporting program with the promulgation of two more final rules. The first rule requires GHG monitoring and reporting for certain industries that emit fluorinated GHGs such as electronics manufacturing, fluorinated gas production, electrical equipment use, electrical equipment manufacture or refurbishment, as well as importers and exporters of pre-charged equipment and closed-cell foams. 75 Fed. Reg. 74774 (Dec. 1, 2010). Affected facilities, which depends on varying thresholds for the different affected industries, must begin data collection in 2011 following the methods outlined in the rule, and data must be submitted to EPA by March 31, 2012. The rule is available at: http://edocket.access.gpo.gov/2010/pdf/2010-28803.pdf.
The second rule will require GHG monitoring and reporting from facilities that conduct geologic sequestration or injection of carbon dioxide. 75 Fed. Reg. 75060 (Dec. 1, 2010). Examples of affected facilities that were listed by EPA include “CO2 enhanced oil and gas recovery projects” (NAICS 211), “acid gas injection projects” (NAICS 211111 or 211112), and “geologic sequestration projects.” Although there is an exemption for research and development (R&D) facilities, in general, the rule will apply to most facilities that meet the regulatory definitions because EPA adopted an “all-in” approach rather than exempting facilities that inject/sequester GHGs below a numeric threshold. This rule is significant because the resulting data will be used by EPA to determine whether carbon capture and sequestration (CCS) is an effective technology for mitigating GHG emissions, which remains a controversial issue. 75 Fed. Reg. at 75062. This rule is available at: http://edocket.access.gpo.gov/2010/pdf/2010-29934.pdf.
Mark A. Erman, Esq.
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